TENDER FOR DESIGN, ENGINEERING, SUPPLY, INSTALLATION, TESTING & COMMISSIONING OF INSTRUMENT & SCADA WORKS FOR EXISTING SEWAGE PUMPING STATION INCLUDING 60 MONTHS OPERATION AND MAINTENANCE FOR VADODARA MUNICIPAL CORPORATION (VMC), VADODARA”

MUNICIPAL COMMISSIONER, PROJECT MANAGEMENT CONSULTANT:

Vadodara Municipal Corporation, SAPIENT TECHNO CONSULTANTS

Khanderao Market Building, SURAT

Raj Mahal Road,

Sapient Techno Consultants

Vadodara Municipal Corporation Instrument and SCADA work for Existing APS/MPS & STP

Sr. No. Section Description Volume No. Page No

1 Invitation for Bid (IFB) Volume-I

2 Section -1 Instructions to Bidders

3 Section -2 Qualification Information

4 Section -3 Conditions of Contract

5 Section -4 Contract Data

6 Section -5 Scope of Work & Technical Volume -II

7 Section -6 Form of Bid Volume-III

8 Section -7 Bill of Quantities

9 Section -8 Securities and Other Forms

10 Section -9 Drawings Volume-IV

11 Section -10 Documents to be furnished by Volume-V

Sapient Techno Consultants

Vadodara Municipal Corporation Instrument and SCADA work for Existing APS/MPS & STP

INVITATION FOR BID

Sapient Techno Consultants

Vadodara Municipal Corporation Instrument and SCADA work for Existing APS/MPS & STP

NATIONAL COMPETITIVE BIDDING

The Vadodara Municipal Corporation invites bids for the work of DESIGN, ENGINEERING,

SUPPLY, INSTALLATION , TESTING & COMMISSIONING OF INSTRUMENT & SCADA

WORKS FOR EXISTING SEWAGE PUMPING STATION INCLUDING 60 MONTHS

OPERATION AND MAINTENANCE FOR VADODARA MUNICIPAL CORPORATION (VMC),

VADODARA” as per detailed in the table.

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

Approximate Cost of Registration /

Bid security Period of

Sr. Name of work value of works Documen Category of

(EMD) (Rs.) completion

No. (Rs.) t contractor if

9 Months registration of

Instrument & for SITC appropriate class

SCADA works for Month

either with VMC,

existing sewage Trial Run) Central, State,

pumping station (including PWD, MES,

Govt. Semi Govt.

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

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

SCHEDULE OF TENDERING: -

SCHEDULE TIME DATE PLACE

1. Downloading of -- 24.08.2026 www.tender.nprocure.com

2. Pre-bid Meeting 11.00 am. 02.09.2026 Office of Executive Engineer

(Sewage Disposal Works), First Floor

Vadodara Municipal Corporation

Khanderao Market Building, Rajmahal Road,

Vadodara–390001.

3. Last Date of Up to 6.00 pm. 16.09.2026 ONLINE ONLY

loading of online

completed tender

4. Last Date of Up to 4.00 pm. 17.09.2026 By registered post / speed post only &, hand

Submission of delivery will not be accepted & should be

Hard copy of addressed to the:

Completed Tender Office of Executive Engineer

Document (Sewage Disposal Works), First Floor

Vadodara Municipal Corporation

Khanderao Market Building, Rajmahal Road,

Vadodara–390001.

5. Online opening of 4.00 pm. 17.09.2026 ONLINE at office of the Executive Engineer

Technical Bid onwards (Sewage Disposal Works) First Floor

Vadodara Municipal Corporation Khanderao

Market building, Rajmahal Road, Vadodara.

Sapient Techno Consultants

Vadodara Municipal Corporation Instrument and SCADA work for Existing APS/MPS & STP

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

apply for registration in VMC after issue of work order.

- If Bidder submits the bid online and fail to submit hard copies as per time schedule, then he will be

put in abeyance from filling the tender for next six months in VMC.

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

https://www.tender.nprocure.com till the Time and Date as mentioned on online NIT at

websitehttps://www.tender.nprocure.com.

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

Fee through Demand Draft only of any RBI approved bank payable at Vadodara and in favour of

‘Municipal Commissioner, Vadodara”. Once the Bid is received online, Bid Document / Tender Fee

will not be refundable.

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

EMD shall be submitted in electronic format through online (by scanning) while uploading the

bid, this submission shall mean that bid document / tender fee and Bid Security / EMD has been

received. Accordingly, the offer of only those shall be opened whose Bid Document / Tender Fee

and Bid Security / EMD have been received electronically. However, for the purpose of realization

of Demand Draft, and / Bank Guarantee bidder shall send the same in original through R.P.A.D. so

as to reach to Municipal Commissioner, Vadodara as per tender notice.

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

Engineer / Tender Inviting Authority by bidder shall be initiated. And he will be put under

abeyance for next six months of time to submit tender in VMC.

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

website https://www.nprocure.com in the presence of the bidders or their authorized

representatives, who wish to remain present.

If the office happens to be closed on the last day of submission of hard copies of the bids as

specified, the bids will be accepted on the next working day at the same time and venue.

6. Bid Security (EMD) is equal to 2% of Estimated Amount put to bid / tender.

7. Bid security for the work costing up to Rs. 1 crore shall be deposited in form of DD (demand draft)

and for works costing above Rs. 1 crore bank guarantee shall be accepted. (DD/Bank Guarantee

shall be from banks as listed in D.M.O. date 11/03/2024 circular attached herewith.

8. Other Information is as under:

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

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

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

in this regard shall be granted.

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

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

submission of Bids, will not be considered or accepted.

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

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

e. Conditional tender shall not be accepted.

f. Any changes, addition, alternation made in the prescribed form attached with tender are

Sapient Techno Consultants

Vadodara Municipal Corporation Instrument and SCADA work for Existing APS/MPS & STP

liable to be rejected.

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

will be considered non-responsive.

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

given in the checklist /qualification document / tender document.

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

electronic format at appropriate places only.

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

disqualification.

k. Even if the bidder has been qualified in a similar or larger size of project in the past, it shall

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

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

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

necessary by the competent authority.

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

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

order to commence: This shall include monsoon period from 1st of June to 30th of

September and festival on Holi (15 days) & Diwali (15 Days). It will be applicable only if it

is found reasonable by the department. These days shall be considered as non- working

o. After issue of work order, contractor must have to apply for registration in VMC within

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

scanning and the (i) Bid Document Fee / Tender Fee (ii) Bid Security / EMD should be sent

in original to the Tender opening authority through RPAD, so as to reach the Executive

Engineer as per tender notice.

(i) Bid Document Fee / Tender Fee-Rs. 20,000/-

(ii) Bid Security / EMD – Rs. 13,70,800/-

(iii) Registration Certificate of Appropriate Class in Electrical-Mechanical Category

(iv) GST Number

(v) Work Experience, if necessary…

(vi) Other Documents, as required…

Sapient Techno Consultants

Vadodara Municipal Corporation Instrument and SCADA work for Existing APS/MPS & STP

INSTRUCTIONS TO BIDDERS

Sapient Techno Consultants

Vadodara Municipal Corporation Instrument and SCADA work for Existing APS/MPS & STP

Section 1: Instructions to Bidders

Table of Clauses

A. General D. Submission of Bids

1. Scope of Bid 9 19. Deleted

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

3. Eligible Bidders 9 21. Deleted

4. Qualification of the 9 22. Modification and

Bidder Withdrawal of Bids

5. One Bid per Bidder

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

7. Site Visit 13 23. Bid Opening

24. Process to be Confidential

B. Bidding Documents 25. Clarification of Financial

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

Determination of

9. Clarification of Bidding 14 27. Deleted

10. Amendment of Bidding 15 28. Deleted

29. Evaluation and Comparison

of Financial Bids

C. Preparation of Bids 30. Deleted

11. Language of Bid

12. Documents Comprising 16 F. Award of Contract

13. Bid Prices 16 31. Award Criteria

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

any Bid and to Reject any or

15. Bid Validity 17 33. Notification of Award and

Signing of Agreement

16. Bid Security 17 34. Performance Security

17. Alternative Proposals By Bidders 18 35. Deleted

18. Format and Signing of Bid 18 36. Deleted

37. Correct or Fraudulent

Sapient Techno Consultants

Vadodara Municipal Corporation Instrument and SCADA work for Existing APS/MPS & STP

1. Scope of Bid

The Employer, Vadodara Municipal Corporation invites bids for Design, Engineering,

Supply, Installation , Testing & Commissioning of Instrument & SCADA works for

existing sewage pumping station including 60 months operation and

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

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

in the table given in IFB.

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

completion date specified in the Contract data.

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

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

2. Source of Funds

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

of India for centrally sponsored projects.

3. Eligible Bidders

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

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

statement that the Bidder is neither associated, nor has been associated, directly or

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

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

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

consulting services for the preparation or supervision of the works, and any of its

affiliates, shall not be eligible to bid.

4. Qualification of the Bidder

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

preliminary description of the proposed work method and schedule, including

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

program of construction backed with equipment planning and deployment duly

supported with broad calculations and quality assurance procedures proposed to be

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

technical specifications, within stipulated period of completion.

4.5 QUALIFICATION CRITERIA:

(Applicable for the works which require Post Qualification)

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

fail criteria regarding the Applicant’s general and particular experience and financial

positions, as demonstrated by the applicant’s responses in the forms attached to the

letter of application. Subcontractors experience and resources shall not be taken in to

account in determining the applicant’s compliance with the qualifying criteria.

Sapient Techno Consultants

Vadodara Municipal Corporation Instrument and SCADA work for Existing APS/MPS & STP

4.5.2 Base year and Escalation

The base year shall be taken as Current financial year

Following enhancement factors will be used for the costs of works executed and the

financial figure to a common base value for works completed in India.

Year Financial Year Multiplying factor

Base year of inviting 2026-2027

Applicant should indicate actual figures of costs and amount for the works executed

by them without accounting for the above-mentioned factors.

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

above enhanced multiplying factors will not be applied. Instead, the current market

exchange rate (State Bank of India BC Selling rate as on the last date of submission of

the bid) will be applied for the purpose of conversion of the amount in foreign

currency into India rupees.

4.5.3. General Experience.

The Applicant must meet the following minimum criteria. The Bidder is required to

submit hard copies and upload copies of all supporting documents with their bid:

1. Shall have Registration certificate of appropriate class either with VMC, Central, State,

PWD, MES, Govt. Semi Govt. or such other institutions in Electrical-mechanical

Further the bidder shall be registered contractor in approved list of contractor of VMC

or the successful bidder shall have to make an application immediately after issue of

work order for registration with VMC in approved list of contractor of VMC and shall

get registration with VMC.

2. Shall submit copy of IT return for the last three financial years.

3. Bid Capacity

4. Shall have PF registration certificate / Assurance certificate.

5. Shall have GST number.

6. Shall have valid electrical contractor license.

7. Labour License / Assurance letter

8. Bid Document Fee / Tender Fee-Rs. 20,000/-

9. Bid Security / EMD – Rs. 13,70,800/-

10. Experience criteria:

Experience of having successfully fully completed similar work during last 7 years ending last

day of month previous to the one in which tenders are invited should be either of the

a. Three Similar completed work costing not less the amount equal to 40% of the estimated

Sapient Techno Consultants

Vadodara Municipal Corporation Instrument and SCADA work for Existing APS/MPS & STP

b. Two similar completed work costing not less the amount equal to 50% of the estimated

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

Experience in similar completed works shall include the following:

Note.: Definition of Similar Works: (1) The similar work” means experience in Design, Detailed

engineering, procuring, construction, installation, testing , commissioning of water or waste

water sector Projects having SCADA based Installation and Remote Data Transmission/

management system comprising of instrumentation, data processing and supervisory software

with online data management system or / and O & M of similar SCADA System in Municipal

Corporation or Government and/or Government Undertaking organizations/semi Government

Organizations or with Central P.W.D., State PWD, MES.

 SITC Agency must have experience as per below Criteria.

Joint venture (JV) experience and subletting work are not permitted.

Copy of original certificates dully self-attested in support of above requirements of

experience criteria shall be enclosed in hard copy for verification, certified by the respective

employer or his authorized representative, not below the rank of an Exe-. Engineer or

 Financial criteria: The average annual turnover during the last three years, ending 31st

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

4.5.6. Financial Position

The bidder shall have the financial capability and having an average annual turnover of last

Three years, ending 31st March of the previous financial year (i.e. 2025-26), should not be

less than 30% of the estimated tender cost.

b) Liquid assets:

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

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

credit facilities amounting to Rs.1,71,34,510/-

Note: Also Bank Certificate of the same amount from the Bank shall be submitted for this

4.5.7. Audited Balance sheet:

The audited balance sheets for the last Three years should be submitted, which must

demonstrate the soundness of the applicant’s financial position, showing long – term

profitability including an estimated financial projection for the next two years If necessary,

Sapient Techno Consultants

Vadodara Municipal Corporation Instrument and SCADA work for Existing APS/MPS & STP

the employer will make inquiries with the applicant’s bankers.

4.5.8. Litigation History

The Applicant should provide accurate information on any litigation or arbitration

resulting from contracts completed or under execution by him over the last five years. The

Tender document of a bidder who has been blacklisted by any Govt./Semi Govt.

organization will be out rightly rejected.

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 defense

The bidder should not have been Black listed by Government of India/Government of

Gujarat or any State Board/Corporations, as on the date of bidding. A Declaration in this

regard on Rs.300/- Stamp Paper duly Notarized shall have to be submitted by bidder along

with the tender documents.

If the Bidder or its subsidiary is blacklisted/ debarred from any financial institute/

Government dept., their bid shall be out rightly rejected.

4.5.9. Disqualification

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

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

Record of poor performance such as abandoning the work, rescinding of contract for which

the reasons are attributable to the non – performance of the contractor; consistent history

of litigation awarded against the applicant or financial failure due to bankruptcy.

4.6 JOINT VENTURE & SUBLETTING WORK: Not Permitted for this project

4.7 Bid Capacity.

Applicants who meet the minimum qualification criteria will be qualified only if their

available bid capacity at the expected time of bidding is more than the total estimated

cost of the works. The available bid capacity will be calculated asunder:

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

A= Maximum value of work executed in any one year during the last five years

(updated to the price level of the year indicated in appendix) taking into

account the completed as well as works in Progress.

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

be completed during the next (period of completion of work for which bids

are invited); and

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

Sapient Techno Consultants

Vadodara Municipal Corporation Instrument and SCADA work for Existing APS/MPS & STP

Note: Bid Capacity will be applicable for works costing to more than 1 crore.

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

disqualified if they have:

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

submitted in proof the qualification requirements; and /or

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

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

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

bid prices and could not furnish rational justification to the employer.

4.9 The Tenderer shall submit, along with the prequalification bid, specific authorization

letters on letter pad from the respective OEMs for the PLC/SCADA System, Analyzers, and

Level Transmitters for this tender. The authorization letters shall clearly state that the

respective OEMs will authorized the tenderer to quote for this specific tender work &

provide the necessary technical support to the Tenderer throughout the entire Contract

5.0 One bid per bidder

5.1 Each bidder shall submit only one bid for one package. A bidder who submits or

participates in more than one bid (other than as a subcontractor or in cases of

alternatives that have been permitted or requested) will cause all the proposals with

the bidder’s participation to be disqualified.

6.0 Cost of Bidding

6.1. The bidder shall bear all costs associated with the preparation and submission of his

Bid, and the Employer will in no case be responsible and liable for those costs.

7.1. The Bidder, at the Bidder’s own responsibility and risk is encouraged to visit and

examine the Site of work including existing central and zonal SCADA System and its

surrounding and obtain all information that may be necessary for preparing the Bid

and entering into a contract for construction of the Works. The costs of visiting the site

shall be at the Bidder’s own expense.

 Bidders are required to submit a letter confirming their site visit.

Sapient Techno Consultants

Vadodara Municipal Corporation Instrument and SCADA work for Existing APS/MPS & STP

B. BIDDINGDOCUMENTS

8.0 Content of Bidding Documents

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

issued in accordance with Clause10:

Section Particulars Volume No.

- Invitation for Bids

1 Instructions to Bidders I

2 Qualification Information, and other forms

3 Conditions of Contract

4 Contract Data

5 Scope of Work & Technical Specifications II

6 Form of Bid III

7 Bill of Quantities

8 Securities and other forms

10 Documents to be furnished by bidder V

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

bidder in compliance to section 2 will be prepared by him and furnished as Volume- V

in two parts (refer clause12).

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

contract data, forms, terms, technical specifications, bill of quantities, forms, Annexes

and drawings in the Bid Document. Failure to comply with the requirements of Bid

Documents shall be at the bidder’s own risk. Pursuant to clause 26 here of, bids which

are not substantially responsive to the requirements of the Bid Documents shall be

9.0 Clarification Bidding Documents

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

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

bid. The Employer will respond to any request for clarification which he received earlier than

15 days prior to the deadline for submission of bids. Employer’s response will be published on

website including a description of the enquiry but without identifying its source.

Sapient Techno Consultants

Vadodara Municipal Corporation Instrument and SCADA work for Existing APS/MPS & STP

10.0 Amendment of Bidding Documents

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

documents by issuing addenda.

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

assume no responsibility for the same.

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

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

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

Sapient Techno Consultants

Vadodara Municipal Corporation Instrument and SCADA work for Existing APS/MPS & STP

C. PREPARATION OF BIDS

11.0 Language of the Bid

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

12.0 Documents Comprising the Bid

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

shall be in two separate parts:

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

(i) Bid Security in the form specified in Section8

(ii) Qualification Information and supporting documents as specified in Section2

(iii) Certificates, undertakings, affidavits as specified in Section2

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

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

Part II shall be named “Financial Bid” and shall comprise

(i) Form of Bid as specified in Section6

(ii) Priced Bill of Quantities for items specified in Section7

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

as well as financial and must be submitted online only.

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

Section Particulars Volume No.

Invitation for Bids (IFB)

1 Instruction to Bidders Volume I

3 Conditions of Contract

4 Contract Data

5 Scope of Work & Specifications Volume II

9 Drawings Volume IV

13.0 Bid Prices

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

the priced Bill of Quantities submitted by the Bidder.

13.2 The bidder shall fill in % rates for Estimate total Cost of the Works described in the

Bill of Quantities along with total bid price

Sapient Techno Consultants

Vadodara Municipal Corporation Instrument and SCADA work for Existing APS/MPS & STP

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

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

Bid Price submitted by the Bidder. (GST will be paid extra)

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

cost including GST (VMC changes shall be applicable)”

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

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

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

14.0 Currencies of Bid and Payment

14.1 The prices quoted by the bidder shall be entirely in Indian Rupees. All

payments shall be made in Indian Rupees.

15.0 Bid Validity

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

deadline date forbid submission specified in Clause20.

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

the Employer may request that the bidders may extend the period of validity

for a specified period. A bidder may refuse the request without forfeiting his

bid security. A bidder agreeing to the request will not be required or

permitted to modify his bid, but will be required to extend the validity of his

security for a period of the extension, and in compliance with Clause 16 in all

16.0 Bid Security

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

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

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

16.2. Bank Guarantee from any scheduled Indian bank as per list attached, in the format

given in Volume III. (Bank Guarantee is applicable only for Bid Estimated Amount of

1.0 Crore and above) and Bank Guarantee of Schedule and Private Banks shall be

considered as per GoG Finance Department’s Circular No. FD/MSM/e-

file/4/2023/0057/D.M.O. Date 21/04/2023 or as per their latest amendment. Bid

security for project cost less than 1.0 crore shall be paid by D.D only

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

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

of 120+45 = 165Days

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

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

as non-responsive.

16.5. The Bid Security of unsuccessful bidders except second lowest will be returned

within 28 days of the end of the bid validity period specified in Sub-Clause15.1

Bid security of the second lowest shall be released after work order / LOI given

Sapient Techno Consultants

Vadodara Municipal Corporation Instrument and SCADA work for Existing APS/MPS & STP

to the lowest tenderer.

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

the Agreement and furnished the required Performance Security.

16.7. The bid Security may be forfeited

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

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

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

(i) Sign the Agreement; or

(ii) Furnish the requirement Performance Security.

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

intimated maximum three times within the validity period for negotiation,

If contractor does not respond in time, his Bid Security (EMD) will be

forfeited and his tender will be rejected. Punitive action will be taken on

such contractors. (As per GOG R&B Dept’s Gr. No. S/22/2017/6369/D,

17. Alternative Proposals by Bidders.

17.1. Bidders shall submit offers that fully comply with the requirements of the bidding

documents, including the conditions of contract (including mobilization advance or

time for completion), basic technical design as indicated in the drawing and

specifications. Conditional offers or alternative offers will not be considered further

in the process of tender evaluation.

18. Format and Signing of Bid

18.1. The Bidder shall prepare documents comprising the bid as described in Clause

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

parts to be uploaded.

Sapient Techno Consultants

Vadodara Municipal Corporation Instrument and SCADA work for Existing APS/MPS & STP

D. SUBMISSION OF BIDS

20. Deadline for Submission of the Bids

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

specified above not later than the date indicated in appendix.

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

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

Employer and the bidders previously subject to the original deadline will then be

subject to the new deadline.

22. Modification and Withdrawal of Bids

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

Clause 20 or pursuant to Clause23.

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

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

the expiration of the original period of bid validity specified in Clause 15.1 above or

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

pursuant to Clause16.

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E. BID OPENING AND EVALUATION

23. Bid Opening

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

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

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

Clauses 20 and 23.3, In the event of the specified date of Bid opening being declared a

holiday for the Employer, the Bids will be opened at the appointed time and location

on the next working day.

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

furnished with each bid will be announced. If the bid security furnished does not

conform to the amount and validity period as specified in the invitation for bid (ref.

Column 4 and paragraph 3), and has not been furnished in the form specified in Clause

16, the technical bid will not be opened.

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

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

respect to the Qualification information and other information furnished in

part I of the bid pursuant to Clause12.1.

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

Documents with respect to any required clarification.

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

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

Evaluation Committee will finalize the list of responsive bidders whose

financial bids are eligible for consideration.

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

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

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

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

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

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

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

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

disclosed to those present in accordance with Sub-Clause23.6.

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

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

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

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

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

25. Clarification of Financial Bids

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

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

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

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

permitted except as required to confirm the correction of arithmetic errors discovered

by the Employer in the evaluation of the Bids.

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

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

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

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

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

26. Examinations of Bids and Determination of Responsiveness

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

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

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

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

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

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

technical specifications, and drawings.

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

conditions and specifications of bidding documents, without material deviation or

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

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

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

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

unfairly the competitive position of other Bidders presenting substantially responsive

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

and may not subsequently be made responsive by correction or withdrawal of the

non-conforming deviation or reservation.

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29. Evaluation and Comparison of Financial Bids

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

responsive in accordance with Sub-Clause26.2.

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

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

the Bidding documents or otherwise result in unsolicited benefits for the Employer,

shall not be taken in to account in Bid evaluation.

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

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

taken in to account in Bid evaluation.

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

estimate of the cost of work to be performed under the contract the Employer may

require the Bidder to produce detailed consistency of those prices with the

construction methods and schedule proposed. After evaluation of the price analyses,

the Employer may require that the amount of the performance security set forth in

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

protect the Employer against financial loss in the event of default of the successful

Bidder under the Contract.

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

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

rejected as non-responsive.

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F. AWARD OF CONTRACT

31. Award Criteria

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

has been determined.

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

the lowest evaluated Bid Price; and

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

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

one consideration.

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

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

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

bidder at his evaluation bid price.

32. Employer’s Right to accept any Bid and to reject any or all Bids

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

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

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

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

Employer’s action.

33. Notification of Award and Signing of Agreement

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

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

registered letter. This letter (hereinafter and in the condition of contract called the

“Letter of Acceptance”) will state the sum that the Employer will pay the Contractor in

consideration of the execution, completion, and maintenance of the Works by the

Contractor as prescribed by the Contract (hereinafter and in the Contract called the

“Contract Price”).

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

the furnishing of a performance security in accordance with the provisions of Clause.

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

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

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

Within 21 days of receipt, the successful Bidder will sign the Agreement and deliver it

to the Employer.

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

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

34. Performance Security

34.1. (A) Within 15 (Fifteen) days of receipt of Letter of Acceptance / Work Order , the

successful Bidder shall furnish to the Employer an irrevocable and unconditional

guarantee from a Bank in the form set forth in Section 8 (the “Performance Security”)

a) An amount equal to 5% (five percent) of its Contract Price (capital cost) in the form of Demand

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

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

Failure to submit performance security within 15 days shall impose penalty at 6% Per

Annum for any additional delayed days (as per VMC circular) In case of bids mentioned

below, the successful Bidder, along with the Performance Security, shall also furnish

to the Authority an irrevocable and unconditional guarantee from a Bank in the same

form given at Section 8 towards an Additional Performance Security (The “Additional

Performance Security”) for an amount calculated as under:

a) If the Contract Price (capital cost). offered by the Selected Bidder is lower than

10% but upto 20% of the Estimated Project Cost (capital cost)., then the

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

the (i) Estimated Project Cost(capital cost). (as mentioned in Bid Document) -

Minus 10% of the Estimated Project Cost (capital cost). and (ii) Contract

Price(capital cost). offered by the selected Bidder.

b) If the Contract Price (capital cost). offered by the Selected Bidder is lower than

20% of the Estimated Project Cost (capital cost)., then the Additional

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

Estimated Project Cost(capital cost). (as mentioned in Bid Document) - Minus

10% of the Estimated Project Cost (capital cost). and (ii) Contract Price (capital

cost). offered by the selected Bidder.

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

(B) The Performance Security shall be valid beyond 60(sixty) days from the

stipulated date of completion of the Project and the Additional Performance

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

The performance Security submitted shall be refunded after the defect liability period

(Defect Liability Period 1 year) or the defects pointed out are removed. The Contractor

shall submit a Performance Bank Guarantee after complete the SITC work / Before

Stared the O & M work of 5% of the total O&M cost, valid for the entire O&M period.

An amount equivalent to 5% of each running O&M bill shall be deducted and retained as

Retention Money. The deducted retention amount shall be released after completion of

one year, subject to satisfactory performance and fulfillment of all contractual obligations.

34.2. If the performance security is provided by the successful Bidder in the form of a Bank

Guarantee, it shall be issued either (a) at the Bidder’s option, by a

Nationalized/Scheduled Indian bank or (b) by a foreign bank located in India and

acceptable to the Employer. As per GoG Finance Department’s Circular No.

FD/MSM/e-file/4/2023/0057/D.M.O. Date 21/04/2023 or as per their latest

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

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

shall constitute sufficient grounds for cancellation of the award and forfeiture of the

37. Corrupt of Fraudulent Practices

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

award has engaged in corrupt or fraudulent practices in completing for the contract

in question and will declare the firm ineligible, either indefinitely or for a stated

period of time, to be awarded a contract with National Highways Authority of India/

State PWD and any other agencies, if it at any time determines that the firm has

engaged in corrupt or fraudulent practices in completing for the contractor, or in

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

Conditions of Contract.

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APPENDIX TO ITB

Clause Reference

With respect to

1. The Name of the Employer is Vadodara Municipal Corporation [ Cl.1]

2. The last seven years.

3. This average annual turnover during the last three years is 30% [Cl.4.5.6

of estimated cost is Rs. 2,05,6,1412/- (a)]

4. Value of Work is Rs. (Capital 5,62,58,898/- + O & M

/- ) (Excluding GST)

5. The cost of electric work Not Applicable

6. The cost of water supply Not Applicable

7. Liquid assets and / or availability of credit facilities is 25% [Cl.4.5.6

(percent) of the value of the contract (b) ]

8. Price level of the financial year 2026-2027 (base year) [Cl. 4.5.2]

9. The pre-bid meeting will take place at Office of Executive

Engineer, Sewage Disposal Works Dept., First floor, Vadodara

Municipal Corporation, Khanderao Market Building, Rajmahal

Road, Vadodara - 390 001 on dt.02.09.2026at 11.00AM

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

Engineer, Sewage project on dt . 17.09.2026 onwards 4.00 PM.

11. Address of the Employer: Sewage Disposal Works, First floor,

Vadodara Municipal Corporation, Khanderao Market Building,

Rajmahal Road, Vadodara - 390

12 The bid should be submitted latest by As stated on online NIT [Cl.

13. The bid will be opened at Office of Executive Engineer, Sewage [Cl. 23.1 ]

disposal Works, First floor, Vadodara Municipal Corporation,

Khanderao Market Building, Rajmahal Road, Vadodara -

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

15. Escalation factors (for the cost of works [Cl.4.5.2]

executed and financial figure to a common base value) for

works completed

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Year Financial Year Multiplying

Base year of inviting tender-1 2026-2027

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List of Key Personnel to be deployed on Contract Work

(Reference Cl. 4.5.4)

The bidder must have suitably qualified personnel, to fill the following position. The

Bidder will supply information on a prime candidate and an alternate for each position.

Position (Nos.) Qty.

Project Manager

Safety Engineer

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

Executive Engineer-in-charge of the work the Name, Qualifications, copy of mark sheet,

Colour Photograph and the appointment order issued such engineers engaged for this

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

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

Rs.1000.00 per day per Engineer will be made from the bills/deposit/dues of the

contractor. Such recovery shall be non-refundable.

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QUALIFICATION INFORMATION

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QUALIFICATION INFORMATION

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

purpose of post qualification as provided for in Clause 4 of the Instruction to Bidders. This

information will not be incorporated in the Contract.

1. For Individual Bidders

1.1 Constitution or legal status of Bidder

Place of registration

Principal place of business

Power of attorney of signatory of Bid

1.2 Total value of Automation & SCADA Work performed in the

last seven years (in Rs. Lakhs)

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

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

described in the bid documents, provided further that all other qualification criteria are satisfied

(in the same name) on works of a similar nature over the last Seven years** and in current year

before the submission of the bid.

Project Name of Description Contract Value of Date Stipulated Actual date Remark

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

Employer (Rs. issue completion completion* reasons for

Crore) of delay &

order Completed

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

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

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1.4 Information on Bid Capacity (works for which bids have been submitted and works

which are yet to be completed) as on the date of this bid.

(A) Existing commitments and on-going works:

Description Place Contract Name & Value Stipulated Value of Anticipated

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

State of (Rs. Cr) Completion remaining completion

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

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

1.8 Financial reports for the last Three years: balance sheets, profit and loss statements,

auditors’ reports (in case of companies/corporations), etc. List them below and attach

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

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

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

provide references if contacted by the Employer.

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

Other Party Employer Cause of Amount Remarks

(ies) Dispute Involved showing

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

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

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

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

documents. (Refer ITB Clause4.1)

1.14 Programmme

3. Additional Requirements

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

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

(ii) Undertaking

* Fill the name of Consultant

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SAMPLE FORMAT FOR EVIDENCE OF ACCESS TO OR

AVAILABILITY OF CREDIT FACILITIES

(CLAUSE 4.5.6 OF ITB)

BANK CERTIFICATE

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

with a good financial standing.

If the contract for the work, namely is awarded to the

above firm, we shall be able to provide overdraft/credit facilities to the extent of

Rs. to meet their working capital requirements for executing the above

during the contract period.

Senior Bank Manager

Address of the Bank

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

attachments are true and correct.

2. The undersigned also hereby certifies that neither our firm M/s.

_ have not abandoned any work of

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

Government of Gujarat/Government of India nor any contract awarded to us for

such works have been rescinded, during last five years prior to the date of this bid.

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

corporation to furnish pertinent information deemed necessary and requested by

the Department to verify this statement or regarding any (our) competence and

general reputation.

4. The Undersigned understands and agrees that further qualifying information may

be requested, and agrees to furnish any such information at the request of the

Department/ Project implementing agency.

(Signed by an Authorized Officer of the Firm)

Title of Officer

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I, the undersigned do hereby undertake that our firm

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

(Signed by an Authorized officer of the firm)

Title of officer

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CONDITIONS OF CONTRACT

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Conditions of Contract

Table of Contents

A General Page D. Cost Control

1 Definitions 38 37 Bill of Quantities

2 Interpretation 39 38 Changes in the Quantities

3 Language and Law 40 39 Variations

4 Engineer’s Decisions 40 40 Payments for Variations

5 Delegations 40 41 Cash Flow Forecasts

6 Communications 40 42 Payment Certificates

7 Sub-Contractors 40 43 Payments

8 Other Contractors 40 44 Compensations Events

9 Personnel 41 45 Tax

10 Employer’s & Contractor Risk 41 46 Currencies

11 Employers Risks 41 47 Deleted

12 Contractor’s Risk 41 48 Retention

13 Insurance 41 49 Liquidated damages

14 Site Investigations Reports 42 50 Bonus

15 Queries about the Contract 42 51 Deleted

16 Contractors to Construct the 42 52 Securities

17 The Works to be Completed By 42 53 Deleted

the Intended Completion Date

18 Approval by the Engineer 42 54 Cost of Repair

20 Discoveries 43 E. Finishing the Contract

21 Possession of the Site 43 55 Completion

22 Access to the Site 43 56 Taking Over

23 Instructions 44 57 Final Account

24 Disputes 44 58 Operating and Maintenance

26 Deleted 44 59 Terminations

60 Payment upon Terminations

B. Time Control 45 61 Property

27 Programme 45 62 Release from Performance

28 Extensions of the Intended

completion date

29 Deleted 45 F. Special Conditions of

30 Delays Ordered by The 46 63 Labour

Engineer 46 64 Compliance with labour

31 Management Meetings 46 65 Arbitration

32 Early Warning

C. Quality Control

33 Identifying Defects

35 Correction of Defects

36 Uncorrected Defects

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CONDITIONS OF CONTRACT

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

of Contract but keep their defined meaning.

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

Compensation Events are those defined in Clause 44 hereunder

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

Engineer in accordance with Sub Clause

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

complete and maintain the Works till the completion of Defects Liability Period.

It consists of the documents listed in Clause 2.3below.

The Contract data defines the documents and other information which comprise

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

been accepted by the Employer.

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

Contractor to the Employer and includes Technical and Financial Bids.

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

adjusted in accordance with the provisions of the Contract.

Days are calendar days: months are calendar months.

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

calculated from the Completion Date.

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

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

person appointed and notified to the contractor to act in replacement of the

Engineer) who is responsible for supervising the Contractor, administering the

Contract, certifying payments due to the Contractor, issuing and valuing Variations

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

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

to construct the Works.

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

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

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

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

an extension of time.

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

incorporation in the works.

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

or chemical or biological functions.

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

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

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

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

modification or addition made or approved by the Engineer.

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

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

Possession Dates.

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

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

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

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

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

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

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

2. Interpretation

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

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

significance. Words have their normal meaning under the language of the

Contract unless specifically defined. The Engineer will provide instructions

clarifying queries about Conditions of Contract.

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

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

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

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

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

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

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(3) Contractor’s Bid

(4) Contract Data

(5) Conditions of Contract including Conditions of Contract

(6) Specifications

(8) Bills of quantities and

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

3. Language and Law

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

the Contract Data.

4. Engineers Decisions

4.1 Except where otherwise specifically stated, the Engineer will decide

contractual matters between the Employer and the Contractor in the role

representing the Employer.

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

people after notifying the Contractor and may cancel any delegation after

notifying the Contractor.

6. Communications

6.1 Communications between parties which are referred to in the conditions are

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

delivered (in terms of Indian Contract Act).

7. Sub-Contracting

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

contract data, with the approval of the engineer but may not assign the Contract

without the approval of the Employer in writing. Subcontracting shall not alter

the Contractor’s obligations. Sub-contracting of supply or specific items of

work is not allowed.

7.2 The sub-contractor must be registered in appropriate class and category for

the part of work to be subcontracted.

8. Other Contractors

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

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

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

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

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

the contractor of any such modifications.

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

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

in the Schedule or other personnel approved by the Engineer. The Engineer will

approve any proposed replacement of key personnel only if their qualifications,

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

of the personnel listed in the Schedule.

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

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

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

connection with the work in the Contract.

10. Employer’s and Contractors Risks

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

and the Contractor carries the risks which these Contracts states are

Contractors risk.

11. Employer’s Risks

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

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

invasion, act of foreign enemies, rebellion, revolution, insurrection or military

or usurped power, civil war, riot commotion or disorder (unless restricted to

the Contractor’s employees), and contamination from any nuclear fuel or

nuclear waste or radioactive toxic explosive.

12. Contractor’s Risks

12.1 All risks of loss of or damages to physical property and of personal injury and

death which arise during and in consequence of the performance of the

Contract other than the excepted risks are the responsibility of the Contractor.

13. Insurance/CAR Policy

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

insurance cover from the Start date to the end of the Defects Liability Period, in the

amounts and deductibles stated in the Contract data for the following events which

are due to the Contractor’s risks:

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

(b) Loss of or damage to Equipment

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

and Equipment) in connection with the Contract; and

(d) Personal injury or death.

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

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

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

required to rectify the loss or damage incurred.

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

from the Employer, the successful bidder shall furnish Insurance /CAR policy to the

Employer. If the Contractor fails to submit the policy by the stipulated date, Penalty

shall be imposed on the contractor as per VMC rules.

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If Contractor does not provide any of the Insurance/ CAR policies and certificates

required, RA bill from the Contractor will not be processed.

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

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

13.6 HON. SUPREME/ HIGH COURT GUIDELINES

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

better safety of workmen. All the work must be carried out by using all safety

equipment’s and measures and cleaning of machine holes must be by mechanical

equipment’s by the contractor.

The contractor will be responsible to pay a compensation of minimum Rs.30 Lakhs

in addition to the compensation paid by Government in the case of death of

workman, while Execution of the work. Also insurance should be required for all

13.7 The Contractor shall insure against such liability and shall continue such insurance

during the whole of the time that any persons are employed by the Contractor on

the Facility Provided that, in respect of any persons employed by any Subcontractor,

the Contractor's obligations to insure as aforesaid under this Sub-Clause shall be

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

such persons in such manner that the Owner is indemnified under the policy, but

the Contractor shall require such Subcontractor to produce to the Owner, when

required, such policy of insurance and receipt for the payment of the current

14. Site Investigation Report

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

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

15. Queries about the Contract data

15.1 The engineer will clarify queries on the Contract Data

16. Contractor to Construct the Works

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

specification and Drawings.

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

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

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

Contractor, as updated with the approval of the Engineer, and complete them

by the Intended Completion date.

18. Approval by the Engineer

18.1 The Contractor shall submit Specifications and Drawings showing the

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

comply with the Specifications and drawings.

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

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

of the Temporary works.

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

Temporary works where required.

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

or permanent work are subject to prior approval by the Engineer before their

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

20. Discoveries

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

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

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

instructions for dealing with them.

21. Possession of the Site:

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

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

Employer is deemed to have delayed the start of the relevant activities and this

will be a Compensation Event.

22. Access to the Site

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

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

Contract is being carried out or is intended to be carried out and to any place

where materials or plants are being manufactured/ fabricated/ assembled for

The Contractor shall arrange to construct, maintain and afterwards remove and reinstate

any temporary access required for and in connection with the execution of the works.

Reinstatement shall include restoring the area of the access route to at least the degree of

safety, stability, drainage and appearance that existed before the Contractor entered the

The provisions of clauses and conditions of this contract shall also apply to all premises,

workshops, factories, plants, quarries and all other places from where materials,

manufactured articles and machineries are being obtained or stored for the works.

The client / Engineer-in-charge or their representative and other subordinates shall be

furnished with such information, assistance and facility by the contractor as is required to

make a complete and detailed investigation/ inspection / supervision of the said goods.

Contractor has to maintain the approach to site without any extra cost.

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23. Instructions

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

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

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

and records relating to the performance of the Contractor and to have them

audited by auditors appointed by the Employer, if so required by the Employer.

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

outside the authority given to the Engineer by the Contract or that the decision was

wrongly taken, the decision shall be referred to Additional City Engineer / City

Engineer concern within 14 days of the notification of the Engineer’s decision. If the

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

from the decision given by the Municipal Commissioner (Higher Authority).

24.2. (a) For the work upto Rs. 100 crores or more than Rs. 100 Crores, if the agency is

not satisfied with the decision of the Additional city Engineer /Head of Department

/ City Engineer concern for the conciliation process; He shall refer to the Municipal

Commissioner, Vadodara

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

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

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

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

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

time and he should not stop the work.

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B. TIME CONTROL

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

Engineer for approval a Programme showing the general methods,

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

monthly cash flow forecast.

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

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

of the remaining work including any changes to the sequence of the activities.

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

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

If the Contractor does not submit an updated programme within this period,

the Engineer may withhold the amount stated in the Contract data from the

next payment after the date on which the overdue programme has been

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

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

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

Variations and Compensation events.

28. Extension of the Intended Completion Date

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

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

to be achieved by the Intended Completion Date without the Contractor taking

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

to incur additional cost.

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

Completion Date within 35 days of the Contractor asking the Engineer for a

decision upon the effect of a compensation event or Variation and submitting

full supporting information. If the Contractor has failed to give early warning

of a delay or has failed to cooperate in dealing with a delay, the delay by this

failure shall not be considered in assessing the new Intended Completion Date.

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

contractor for extension of Intended Completion Date refer to the Employer his

decision. The employer shall in not more than 21 days communicate to the

engineer the acceptance or otherwise of the Engineer’s decision. If the

employer fails to give his acceptance, the Engineer shall not grant the extension

and the contractor may refer the matter under Clause24.1

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30. Delays Ordered by the Engineer

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

activity within the works.

31. Management Meetings

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

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

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

accordance with the early warning procedure.

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

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

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

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

management meeting and stated in writing to all who attended the meeting.

32. Early Warning

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

likely future events or circumstances that may adversely affect the quality of

the work, increase the Contract price or delay the execution of works. The

Engineer may require the contractor to provide an estimate of the expected

effect of the future event or circumstance on the contract price and completion

date. The estimate is to be provided by the Contractor as soon as reasonably

32.2 The Contractor shall cooperate with the Engineer in making and considering

proposals for how the effect of such an event or circumstance can be avoided

or reduced by anyone involved in the work and in carrying out any resulting

instruction of the Engineer.

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C. QUALITY CONTROL

#33. Identifying Defects/ Defect liability period

33.1 Defect liability period: The contractor shall be responsible to make good and

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

before the period mentioned hereunder from the certified date of completion.

The Engineer in charge shall give the contractor a notice in writing about the

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

of the notice. In the case of failure on the part of the contractor, the Engineer-

in-charge may rectify or remove or re-execute the work at the risk & cost of the

contractor. The Engineer-in-charge shall be entitled to appropriate the whole

or any part of the amount of security /performance deposit towards the

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

Defects Liability period shall be as under:

(c) For major projects costing more than Rs. 1 crore, the period shall be 12 Months

from the certified date of completion which should include monsoons.

I The contractor shall be responsible for all the defects in the works or any

part in thereof, as the case may be, during the execution of the works and

during defect liability period.

II The defect liability for the work shall be 1 (one) years from the physical

completion date.

III The performance bank guarantee submitted shall be refunded if no defects

are noticed during the defect liability period or the defects pointed out are

IV Contractor shall be responsible for security (watch and ward) of the

project assets / facilities for the period between completion date and

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

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

does, the Contractor shall pay for the test and any samples.

34.2 Engineer must ensure nos. of tests to be performed as per specification. Incase if it is

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

R A bill should be done

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

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

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

engineer in charge.

35. Correction of defects

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

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

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contract data. The Defects Liability Period shall be extended for as long as

Defects remain to be corrected.

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

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

36. Uncorrected Defects

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

Engineer’s notice, the Engineer will assess the cost of having the Defect

corrected, and the Contractor will pay this amount.

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D. COST CONTROL

37. Bill of Quantities

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

testing and commissioning work to be done by the Contractor.

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

paid for the quantity of the work done at the rate in the Bill of Quantities for

38. Change in the Quantities

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

original specifications , drawings, designs and instructions that may appear to

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

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

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

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

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

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

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

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

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

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

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

quantity is first executed.

39.1 All Variations shall be included in updated programs produced by the

40. Payments for Variations

40.1 If the additional or altered work includes any class of work for which no rate is

specified in this contract, then such class of work shall be carried out as under.

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

the one involving additional or altered class of work; where there are more

than one comparable items, the item of the contract which is nearest in

comparison with regard to class or classes of the work involved shall be

selected and the decision of the Superintending Engineer as to the nearest

comparable item shall be final and binding on the contractor.

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

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

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for the year in which the tender was received, increased or decreased by the

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

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

in which the tender was received. If the Schedule of rates of the Division does

not contain all the items, the percentage increase or decrease of the tender shall

be calculated considering such items which were included in the “Scheduled

Rates” of the division for the year and for materials consumed on such item the

rate to be charged would be the basic rate taken into account for fixing the rate

in S.O.R. referred to above.

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

shall be carried out at the rate decided by the competent authorities on the

basis of detailed rate analysis after hearing the contractor before a Committee

of two Superintending Engineers stationed at the same place or the nearest

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

of Rates” of the Division is ordered to be carried out before the rate is agreed

upon, then the contractor shall within seven days of the date of receipt by him

of the order to carry out the work, inform the Engineer-in-charge of the rate,

which it is his intention to charge for such class of work and if the Engineer in

charge does not agree to this rates, he shall by notice in writing be at liberty to

cancel his order to carry out such class of work and arrange to carry it out in

such manner as he may consider it advisable, provided always that if the

contractor shall commence work or incur any expenditure in regard thereof

before the rates shall have been determined as lastly herein before mentioned,

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

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

determination of the rate as aforesaid according to such rate or rates as shall

be fixed by the Engineer-in-charge. In the event of the dispute, the decision of

the Superintending Engineer of the Circle shall be final.

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

and specifications recommended by the contractor and accepted by the

competent authority, the alternation above referred to shall be within the

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

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

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

cost of the original work and the certificate of the Engineer-in-charge as to such

proportion shall be final and conclusive.

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41. Cash Flow Forecasts

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

an updated cash flow forecast.

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42. Payment certificates.

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

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

items in the Bill of Quantities completed.

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

compensation events.

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

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

later information

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

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

Employer shall pay the Contractor the amounts certified by the Engineer .

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

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

the contractor to pay the GST to the concerned Authority.

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

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

43.4 Terms of Payment.

The Contractor shall be paid against submission of his bills on completion of

following stages of work based on the breakup of the cost submitted by him in the

INSTRUMENTATION WORKS

(i) 70% of the cost of approved rate of item : On Delivery of the item at site.

(ii) 20% of the cost of approved rate of item : On Erection of the item at site

(iii) 10% of the cost of approved rate of item : After satisfactory Commissioning

and one month trial run of the

Automation and SCADA System.

44. Compensation events –

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

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

date stated in Contract data to the Contractor

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

beyond the Intended Completion Date then Authority will approve EOT with eligible

contractual price escalation.

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

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

the tax structure by Government after due date of bid submission will be

compensated (+/-) on availability or submission of actual documentation.

Contractor will have to intimate Engineer regarding changes occurred in the

tax structure after bid submission. If the contractor fails to provide such

information and if any financial obligation may arise due to change in tax

structure, same will be recovered from the contractor.

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

contractor to pay the GST to the concerned Authority.

46. Currencies.

46.1 All payment shall be made in Indian Rupees.

48.1 An amount equivalent to 5% of each running O&M bill shall be deducted and

retained as Retention Money. The deducted retention amount shall be released

after completion of one year, subject to satisfactory performance and fulfillment

of all contractual obligations.

49. Liquidated Damages

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

day stated in the Contract Data for each day that the Completion Date is later

than the Intended Completion Date (for the whole works or the milestone as

stated in the contract data). The total amount of liquidated damages shall not

stated in the contract data). The total amount of liquidated damages shall not

exceed the amount defined in the Contract Data. The Employer may deduct

liquidated damages from payment due to the Contractor. Payment of liquidated

damages does not affect the Contractor’s liabilities. Liquidated damaged shall

be 0.05 % of contract value(incl GST) per day subject to max 10 % of contract

value( incl GST)

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

been paid, the Engineer shall correct any overpayment of liquidated damages

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

shall not be entitled for any interest on the over payment calculated from the

date of payment to the date of repayment.

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

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

stated in the Contract Data as Liquidated damages for such default and not as

penalty for everyday or part of day which shall elapse between relevant time

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

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

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

the amount of such damages from any monies due or to become due to the

contractor. The payment or deduction of such damages shall not relieve the

contractor from his obligation to complete the works on from any other of his

obligations and liabilities under the contract.

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

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

or of a Section, the liquidated damages for delay in completion of the remainder

of the Works or of that Section shall, for any period of delay after the date stated

in such Taking-Over-Certificate, and in the absence of alternative provisions in

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

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

The provisions of this Sub-clause shall only apply to the rate of liquidated

damages and shall not affect the limit thereof.

49.5 If the contractor, breach any condition of the agreement and execute inferior

quality of work, VMC may reduce the payment for the said work or stop all

payments towards work done and forfeit deposits and get remaining work

done from other agency at risk and cost of the contractor. Moreover; in case of

prolonged undue delay more than maximum delay penalty period, contractor

shall put in abeyance or debarred or blacklist and he shall be liable to liquidated

losses which may require to complete the remaining work at the risk and cost

of the contractor by assigning the work to any other agency.

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

intended Completion Date prescribed in Contract Data the Employer shall pay

to the contractor a sum stated in Contract Data as bonus for every completed

month but subjected to maximum amount as stated in Contract Data;

which shall elapse between the date of completion of all items of works as

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

time prescribed in Clause17.

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

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limit of the works is equal or more than 6 months. The bonus would be paid

% of Time Saved % of Initial Contract Price

entitled for Bonus

Less than 10% 0%

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

shall be provided to the Employer no later than the date specified in the Letter

of Acceptance and shall be issued in an amount and form and by a bank or

surety acceptable to the Employer, and denominated in Indian Rupees. The

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

and the additional security for unbalanced bids shall be valid until a date

days from the date of issue of the certificate of completion.

The performance Security submitted shall be refunded after the defect liability period

(Defect Liability Period 1 year) or the defects pointed out are removed. The Contractor

shall submit a Performance Bank Guarantee after complete the SITC work / Before

Stared the O & M work of 5% of the total O&M cost, valid for the entire O&M period.

An amount equivalent to 5% of each running O&M bill shall be deducted and retained as

Retention Money. The deducted retention amount shall be released after completion of

one year, subject to satisfactory performance and fulfillment of all contractual obligations.

54. Cost of Repairs.

54.1 Loss or damage to the Works or Materials to be incorporated in the Works

between the Start date and the end of Defects Correction periods shall be

remedied by the Contractor at the Contractor’s cost if the loss or damages

arises from the Contractor’s acts or omissions.

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E. FINISHING THE CONTRACT

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

of the works and the Engineer will do so upon deciding that the work is

56. Taking Over

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

Engineer issuing a certificate of Completion.

57. Final Account

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

amount that the Contractor considers payable as full and final settlement of all

claims under the Contract for items before the end of the Defects Liability

Period. The Engineer shall issue a Defect Liability Certificate and certify any

final payment that is due to the Contractor within 56 days of receiving the

Contractor's account if it is correct and complete. If it is not, the Engineer shall

issue within 56 days a schedule that states the scope of the corrections or

additions that are necessary. If the Final Account is still unsatisfactory after it

has been resubmitted, the Engineer shall decide on the amount payable to the

Contractor and issue a payment certificate, within 56 days of receiving the

Contractor’s revised account.

57.2 If reversal in characteristic of tender (L1 becoming L2) on account of excesses

and savings in final account is observed, the Engineer/Employer shall be at

liberty to restrict the final payment of BOQ items to the lowest amount

evaluated of the bids considering the final quantities and the rates quoted

including the rebates if any. Payment of variation items shall however be made

at the rates approved by the Employer, within 90 days from the physical

completion of work. Taxes will be deducted as per government rules from RA

58. Operating and Maintenance Manuals

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

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

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

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

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

due to the Contractor.

59. Termination

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

causes a fundamental breach of the Contract.

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

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

shown on the current programme and the stoppage has not been

authorized by the Engineer

2. The Engineer instructs the Contractor to delay the progress of the Works

and the instructions is not withdrawn within 28days;

3. The Employer or the Contractor is made bankrupt or goes into

liquidation other than for a reconstructions or amalgamation

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

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

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

fundamental breach of Contract and the Contractor fails to correct it

within a reasonable period of time determined by the Engineer;

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

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

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

as defined in the Contract data; and

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

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

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

giving, receiving or soliciting of anything of value to influence the action of a

public official in the procurement process or in contract execution. “Fraudulent

practice” means a misrepresentation of facts in order to influence a

procurement process or the execution of a contract to the detriment of the

borrower, and includes collusive practice among Bidders (prior to or after bid

submission) designed to establish bid prices at artificial non-competitive levels

and to deprive the Borrower of the benefits of free and open competition.

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

Engineer for a cause other than those listed under Sub Clause 59.2 above, the

Engineer shall decide whether the breach is fundamental or not.

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

60. Payment upon Termination

60.1 If the Contract is terminated because of a fundamental breach of Contract by

the Contractor, the Engineer shall issue a Certificate for the value of the work

done less advance payments received upto the date of the issue of the

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certificate, less other recoveries due in terms of the contract, less taxes due to

deducted at source as per applicable law and less the percentage to apply to the

work not completed as indicated in the Contract data. Additional Liquidated

Damages shall not apply. If the total amount due to the Employer exceeds any

Damages shall not apply. If the total amount due to the Employer exceeds any

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

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

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

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

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

equipment, repatriation of the Contractor’s personnel employed solely on the

works, and the Contractor’s cost of protecting and securing the Works and less

advance payment received up to the date of the certificate, less other recoveries

due in terms of the contract and less taxes due to deducted at source as per

applicable law.

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

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

of a Contractor’s default.

62. Release from Performance

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

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

Engineer shall certify that the Contract has been frustrated. The Contractor

shall make the Site safe and stop work as quickly as possible after receiving this

certificate and shall be paid for all work carried out before receiving it and for

any work carried out afterwards to which commitment was made.

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F. SPECIAL CONDITIONS OFCONTRACT

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

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

their payment of housing, feeding and transport.

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

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

prescribe, showing the staff and the numbers of the several classes of labour

from time to time employed by the Contractor on the site and such other

information as the Engineer may require.

64. COMPLIANCE WITH LABOUR REGULATIONS

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

abide at all times by all existing labour enactments and rules made there under,

regulations, notification and bye laws of the State or central Government or

local authority and any other labour law (including rules), regulations, bye laws

that may be passed or notifications that may be issued under any labour law in

future either by the State or the Central Government or the local authority.

Salient features of some of the major labour laws that are applicable to the

construction industry are given below. The Contractor shall keep the Employer

indemnified in case any action is taken against the Employer by the competent

authority on account of contravention of any of the provisions of any Act or

rules made there under, regulations or notifications including amendments. If

the Employer is caused to pay or reimburse, such amounts as may be necessary

to cause or observe, or for observance of the provisions stipulated in the

notifications/bye laws/Acts/Rules/regulations including amendments, if any,

on the part of the Contractor, the Engineer/employer shall have the right to

deduct any money due to the Contractor including his amount of performance

security. The Employer/Engineer shall also have the right to recover from the

Contractor any sum required or estimated to be required for making good the

loss or damage suffered by the Employer.

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

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

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SALIENT FEATURES OF SOME MAJOR LABOUR AND OTHER LAWS APPLICABLE TO

ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTIONS WORK

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

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

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

on satisfaction of certain conditions on separation if an employee has completed

years service or more on death, the rate of 15 days wages for every completed year

of service. The Act is applicable to all establishments employing 10 or more

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

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

benefits payable under the Act are:

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

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

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

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

to women employees in case of confinement or miscarriage etc.

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

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

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

Principal Employer by Law. The principal Employer is required to take Certificate

of Registration and the Contractor is required to take license from the designated

Officer. The Act is applicable to the establishments or Contractor of Principal

Employer, if they employ 20 or more contract labour.

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

Minimum Wages fixed by appropriate Government as per provisions of the Act, if

the employment is a scheduled employment. Construction of Building, Roads,

Runways are scheduled employment.

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

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

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

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

discrimination against female employees in the matter of transfer, training and

promotions etc.

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

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

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

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

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

workedoutbytakingwagesasRs.2500/-per month only. The Act does not

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

for five years in certain circumstances. Some of the State Governments have

reduced the employment size from 20 to 10 for the purpose of applicability of this

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

for resolutions of Industrial disputes, in what situations a strike or lock-out

becomes illegal and what are the requirements for laying off or retrenching the

employees or closing down the establishment.

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

establishments employing 100 or more workmen (employment size reduced by

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

down rules governing the conditions of employment by the Employer on matters

provided in the Act and get the same certified by the designated Authority.

L) Trade Unions Act 1926:-The Act lays the procedure for registration of trade

unions of workmen and employers. The Trade Unions registered under the Act

have given certain immunities from civil and criminally abilities.

M) Child Labour (Prohibition & Regulation Act 1986 :-The Act prohibits

employment of children below 14 years of age in certain occupations and process

and provides for regulation of employment of children in all other occupations

and processes. Employment of Child labour is prohibited in Building and

Construction Industry.

N) Inter – State Migrant workmen’s (Regulation of Employment & Conditions

of service) Act 1979:-The Act is applicable to an establishment which employs

or more inter-state migrant workmen through an intermediary (who has

recruited workmen in one state for employment in the establishment situated in

another state).The inter-state migrant workmen, is an establishment to which this

Act becomes applicable, are required to be provided certain facilities such as

housing, medical aid, traveling expenses from home upto the establishment and

O) The Building and Other Construction workers (Regulation of employment

and Conditions of Service) Act 1996 and the Cess Act of 1996:-All the

establishments who carry on any building or other constructions work and

employ 10 or more workers are covered under this Act.

All such establishments are required to pay cess at the rate not exceeding 2% of

the cost of construction as may be modified by the government. The Employer of

the establishment is required to provide safety measures at the Building or

construction work and other welfare measures, such as canteens, First Aid

facilities, Ambulance, Housing accommodations for workers near the workplace

etc. The Employer to whom the Act applies has to obtain a registration certificate

from the Registering Officers appointed by the Government.

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

setting up a factory, health and safety provisions, welfare provisions, working hours,

annual earned leave and rendering information regarding accidents or dangerous

occurrences to designated authorities. It is applicable to premises employing

persons or more with aid of power or 20 or more persons without the aid of power

engaged in the manufacturing process.

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

per rule. The royalty charges paid shall be borne by the contractor and shall not be

reimbursed by the Employer.

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

shall be applicable.

1. Water (Preservation and control of Pollution) Act,1974

2. Air (Prevention and Control of Pollution Act1981

3. Environmental (Protection) Act1986

The contractor must commit to adopting Environmental management plan for

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

(Environmental Management system)ISO-14001-

65. ARBITRATION (GCC Clause24)

The procedure for arbitration will be as follows: -

65. 1 If the Contractor is of the view that a decision taken by the Engineer was either outside

the authority given to the Engineer by the Contract or that the decision was wrongly

taken, the decision shall be referred to Additional City Engineer / City Engineer concern

within 14 days of the notification of the Engineer’s decision. If the issue is not resolved,

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

by the Municipal Commissioner (Higher Authority).

65.2 (a) For the work upto Rs. 100 crores or more than Rs. 100 Crores, if the agency is not

satisfied with the decision of the Additional city Engineer /Head of Department / City

Engineer concern for the conciliation process; He shall refer to the Municipal

Commissioner, Vadodara

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

to Gujarat Public Works Contract Dispute Arbitration Tribunal. If the Contractor fails to

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

Engineer’s decision, the Contractor shall not be entitled to any additional payment /

claim if he doesn’t follow the above sequence in stipulated time and he should not stop

65.3 Settlement of Dispute Arbitration:

Any dispute arising out of these contract shall be referred to an independent arbitrators

for dispute resolution. Work contract the same shall be resolved by independent

arbitrator either retired Honorable High Court Justice/by retired honorable district

judge. If both the parties agreed to refer to the dispute resolution by technical expert

then retired chief engineer /superintending engineer of government of Gujarat/

Government undertaking board. The place of arbitration is either

Vadodara/Ahmadabad as per arbitrators current residence/ Office Such dispute shall

be settled by arbitration in accordance with the provisions of the arbitration and

conciliation act, 1996 and /or any statutory amendments there to.

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

Clause Reference With respect To section

1. The Employers is [CL.1.1]

Name: Executive Engineer, (Sewage Project_)

Address: Executive Engineer, Sewage Project Dept. Vadodara Municipal

Corporation, Khanderao Market Building, Rajmahal Road,Vadodara-390

Name of authorized Representative (will be intimated later)

2. The Engineer is Executive Engineer (Sewage Project)

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

3. The Defects Liability Period is 1 (one) years from the date of [CL.1.1&33]

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

to proceed with the work.

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

9 Months (including Monsoon) after start of work with the

6. The Site is located at Vadodara in ward -14 [CL.1.1]

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

8. The works consist of ........................................... with items as per [CL.1.1]

B.O.Q. The works shall, inter alia, include the following, as

Specified or as directed:

9. The currency of the contract in Indian Rupees

11. The proportion of payments retained (retention money) shall be 6% {CL. 48} from each

bill subject to a maximum of 5% of final contract price.

12. Amount of Liquidated damages for For Whole of work {CL.49} delay in

completion of works (1/2000)th of the Initial contract

price, rounded off to the nearest Thousand, per

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13. Maximum limit of liquidated damages 10 percent of the Initial {CL.49}

For delay incompletion work Contract Price rounded off to

the nearest thousand

14. Amount of Bonus for early completion Amount of bonus for early

completion of work shall be given as per

CL.50 of Section-3

15. Maximum limit of bonus for early 5 percent of the Contract {CL. 50}

Completion of work Price

16. The amount of the advance payment are: {CL. 51 &52}

19. The securities shall be for the following minimum amounts equivalent {CL. 52} As a

percentage of the Contract Price:

Performance Security for 5 percent of contract price plus Rs. …………….. (to be decided after

evaluation of the bid) as additional security in terms of ITB Clause

The standard form of Performance security acceptable to the Employer shall be an

unconditional Bank Guarantee of the type as presented in Section 8 of the Bidding

20. The Schedule of Operating and maintenance Manuals…..N/A. {CL.58}

21. The date by which “as– built” drawings (in scale as directed) in 2 sets {CL. 58}

are required within 28 days of the issue of certificate of completion of the whole or section of the

work, as the case maybe.

22. The amount to be withheld for failing to supply “as built” drawings {CL. 58} by the

Date required is Rs 1.00 Lakhs.

23. The following events shall also be fundamentals breach of contract: {CL.59.2} “The

Contractor has contravened Sub- clause 7.1 and Clause 9 of GCC”

24. The percentage to apply the value of the work not completed representing {Cl 60} the

Employer’s additional cost for completing the Works shall be 20 percent.

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GENERAL INSTRUCTIONS FOR WORK

Clause - 1: Security Deposit and Performance Guarantee:

Refer clause 15 of IFB

Refer clause 34 of IFB

Clause 2: Liquidated Damages for Delay

Refer clause 49 of Conditions of contract

Clause 3: Default by Contractor

If the Contractor shall neglect or fail to proceed with work with due diligence or if he violates any of

the provision of the contract, the Engineer-in-Charge shall give the Contractor a notice identifying

deficiencies in performance and demanding corrective action. Such notice shall clearly state that it is

given under the provision of this clause. After services of such notice, the Contractor shall not remove

any plant, equipment and materials from the site. The VMC shall have lien on all such plant,

equipment and material from date of such notice till said deficiencies have been corrected as

mentioned in the said notice.

If the Contractor fails to take satisfactory corrective action within ten days after receipt of such notice,

the Engineer - in - charge on behalf of VMC shall terminate the contract in whole. In case, the entire

contract is terminated, the amount of security deposit and performance bond if any together with

value of the work done but not paid for, shall stand forfeited to the VMC. The plants, equipment and

materials held under this clause shall then be at the disposal of the VMC to recover the amount

equivalent to the liquidated damages and registration of the contractor shall be kept in abeyance for

three years from the date as fixed in all such cases.

The Engineer-in-Charge, if necessary, shall direct that a part or whole of such plant equipment and

materials be removed from the site within a stipulated period. If the contractor fails to do so the

Engineer-in-Charge shall cause them or any part of them to sold holding the net proceeds of such sale

to the credit of the contractor. After settlement of accounts, the lien by the VMC of the Contractor’s

remaining plants, equipment and balances of materials shall be released. Termination of contract in

whole shall be an adequate authority for the Engineer-in- Charge to demand discharge of the

obligations from the guarantors of the security for the performance.

Clause 4: Action when the progress of any particular portion of the work is unsatisfactory

If the progress of any particular portion of the work is unsatisfactory the Engineer-in-Charge shall,

notwithstanding that the general progress of the work is satisfactory, in accordance with the

conditions mentioned in Clause 2, be entitled to take action under Clause 3 after giving the Contractor

10 days’ notice in writing, and the Contractor will have no claim for compensation for any loss

sustained by him owing to such action.

Clause 5: Contractor remains liable to pay compensation if action not taken under Clauses 2, 3 &

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In any case in which any of the powers conferred upon the Engineer-in-Charge by Clause 2, 3 &

hereof shall have become exercisable and the same shall not have been exercised, the non-exercise

thereof shall not constitute a waiver of any of the conditions hereof and such power shall

notwithstanding be exercisable in any future case of default by the Contractor under any clause or

clauses before he is declared liable to pay compensation amounting to the whole of his security

deposit and the liability of the Contractor for past and future compensation shall remain unaffected.

In the event of the Engineer-in-Charge taking action under Clause 2,3 and 4, he may, if he so desired,

take possession of all or any tools, plants, materials and stores, in or upon work or the site thereof or

belonging to the Contractor or procured by him and intended to be used for the execution of the work

or any part thereof, paying or allowing for the same in account at the contract rates or in the case of

contract rates not being applicable at current market rates to be certified by the Engineer In Charge

whose certificates thereof shall be final.

In the alternative the Engineer-in-Charge, may after giving a notice in writing to the Contractor or his

clerk, or the works Foreman or other authorized agent require him to remove such tools, plant,

materials or stores from premises within a time to be specified in such a notice and in the event of

the Contractor failing to comply with any such requisition the Engineer-in-Charge may remove them

at the Contractor’s expenses or sell them by auction to private sale at the risk and cost of the

Contractor in all respects and the certificate of the Engineer-in-Charge as to the expense of any such

removal and the amount and the proceeds and expense of any such sale shall be final and conclusive

against the Contractor.

Clause 6: Extension of time limit / non-working days For the Work

Refer Section 3 part -B Clause 28 of ITB

Clause 7: Final Certificate (Read in Conjunction With Section 3 Part D Clause 42 of ITB)

On completion of the work, the Contractor shall have to submit completion certificate from PMC

as well as TPI. Then after he shall be furnished with a certificate by the Engineer In- Charge

(hereinafter called the Engineer-In-Charge, VMC) of such completion but no such certificate shall be

given nor shall the work be considered to be completed until the Contractor shall have removed from

the premises on which the work shall have been executed all scaffolding, surplus materials and

rubbish, and shall have cleaned off the dirt from all wood work, Steel works, walls, floor or other

parts of any building, in or upon which the work has been executed or of which he may have had

possession for the purpose of executing the work, nor until the works shall have been measured by

the Engineer-In-Charge, VMC or where the measurements have been taken by his subordinates until

they have received the approval of the Engineer-In-Charge, VMC, the said measurements being

binding and conclusive against the Contractor. If the Contractor shall fail to comply with the

requirements of this clause as to removal of scaffolding, surplus materials and rubbish and cleaning

off dirt on or before the date fixed for the completion of the work, remove such scaffolding, surplus

materials and rubbish and dispose off the same as he thinks fit and clean off such dirt as aforesaid

and the Contractor shall forthwith pay the amount of all expenses so incurred but shall have no claim

in respect of any such scaffolding or surplus material as aforesaid except for any sum actually realized

by the sale thereof.

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Clause 8: Payments on intermediate bill to be regarded as advance

No payment shall be made for any work of estimated cost less than Rupees One Crore except for

initial period till after the whole of the said work shall have been completed and a certificate of

completion given. But in the case of works estimated to cost more than rupees One Crore, the

Contractor shall, on submitting a monthly bill therefore be entitled to receive payment proportionate

to the part of the work then approved and passed by the Engineer-In- Charge, VMC, whose certificate

of such approval and passing of the sum so payable shall be final and conclusive against the

Contractor. All such intermediate payments shall be regarded as payments by way of advance against

the final payments only and not as payments for work actually done and completed and shall not

preclude the Engineer-In-Charge, VMC from requiring bad, unsound, imperfect or unskilled work to

be removed or taken away and reconstructed, or re-erected, nor shall any such payment be

considered, as an admission of the due performance of the contract or any part thereof in any respect,

or the accruing of any claim nor shall it conclude, determine, or effect in any way the powers of the

Engineer-In- Charge, VMC as to the final settlement and adjustment of the accounts or otherwise or

in any otherwise or in any other way vary or affect the contract. The final bill shall be submitted by

the Contractor within three months of the date fixed for the completion of the work, otherwise the

Engineer-In-Charge, VMC’s certificate of the measurements and of the total amount payable for the

Engineer-In-Charge, VMC’s certificate of the measurements and of the total amount payable for the

work shall be final and binding on all parties.

Clause 9: Deleted.

Clause 10: Bills to be submitted monthly (Read in Conjunction With Section 3 Part D Clause 42 of ITB)

A bill shall be submitted by the Contractor each month on or before the date fixed by the Engineer-

In-Charge, VMC for all works executed in the previous month and the Engineer-In-Charge, VMC shall

take or cause to be taken the requisite measurement for the purpose of having the same verified and

the claim, so far as it is admissible, shall be adjusted, if possible, within ten days from the presentation

of the bill. If the Contractor does not submit the bill within the time fixed as aforesaid, the Engineer-

In-Charge, VMC may depute a subordinate to measure up the said work in the presence of the

Contractor or his duly authorized agent whose countersignature to the measurement list shall be

sufficient warrant and the Engineer-In-Charge, VMC may prepare a bill from such a list which shall

be binding on the Contractor in all respects.

Clause 11: Bills to be on printed forms

The Contractor shall submit all bill on the printed forms to be had on application from the office of

the Engineer- In-Charge, VMC. The charges to be made in the bills shall always be entered at the rates

specified in the tender or in the case of any extra work ordered in pursuance of those conditions and

not mentioned or provided for in the tender, at the rates hereinafter provided for such work.

Clause 12: Drawings, designs, instructions of the Engineer-In-Charge, VMC and specifications, order of

precedence in case of discrepancies.

The Contractor shall execute the whole and every part of the work in the most substantial and

workman like manner and both as regards materials and in other respects in strict accordance with

specifications. The Contractor shall also conform exactly, fully and faithfully to the design, drawings

and instructions in writing relating to the work signed by the Engineer-In-Charge, VMC and lodged

in his office and to which the Contractor shall be entitled to have an access for the purpose of

inspection at such office or on the site of the work during office hours.

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Where the instructions referred to above are not contained in separate letters addressed to the

contractor the same shall be recorded in the work-order book, which shall be maintained and kept

on the site of the work. The contractor shall be required to sign such entries in the work- order book

in token of having noted the instructions. However, if the contractor fails to sign the work-order book

for any reason whatsoever, the entry of the instructions in the work-order book shall be deemed to

be the due notice to him of the said instructions. The work- order book shall be open for inspections

to the contractor on the site of the work during office hours. The various documents foregoing the

contract are essential parts of the contract and a requirement occurring in one is a binding as through

in all. They are intended to be mutually explanatory and complementary and to describe and provide

for a complete work. In the event of any discrepancy in the several documents forming the contract

or in any one document, the following order of precedents should apply.

Dimension and quantities: (1) Drawings (2) Item of BOQ (price bid) (3) Specification and drawings,

figured dimensions, unless obviously incorrect, will be followed in preference to scaled dimensions.

Description: (1) Item of BOQ (price bid) (2) Drawings (3) Specifications. In the case of defective

description or ambiguity, the Engineer-In-Charge, VMC shall be entitled to make corrections and

interpretations as necessary to fulfill the plans and specifications.

Clause 13: Excess over tender Quantities, Extra items and Variations

Refer Section 3 Part D Clause 38 of ITB

Clause 14: No claim to any payment or compensation for alteration in or restriction of work

If at any time after the execution of the contract documents, the Engineer-In-Charge, VMC shall for

any reason whatsoever, require the whole or any part of the work, as specified in the tender, to be

stopped for any period or shall not require the whole or part of the work to be carried out at all or to

be carried out by the Contractor, he shall give notice in writing of the fact to the Contractor who shall

thereupon suspend or stop the work totally or partially, as the case may be. In any such case, except

as provided hereunder the Contractor shall have no claim to any payment or compensation

whatsoever on account of any profit or advantage which he might have derived from the execution

of the work in full but which he did not so derive in consequence of the full amount of the work not

having been carried out, or on account of any loss that he may be put to on account of materials

purchased or agreed to be purchased or for unemployment of labour recruited by him. He shall not

have also any claim for compensation by reason of any alterations having been made in the original

specifications, drawings, designs and instructions, which may involve any curtailment of the work,

as originally contemplated. Where, however, the Contractor will be entitled for compensation for

loss, if any on the date of notice, the purchased materials or for the contract executed for the materials

to be purchased for such work. Such compensation will be paid for only actual loss for materials, if

such materials so purchased or agreed to purchase is of required quantity/quality and was

purchased/contracted to be purchased for the same work. But no compensation shall be granted to

the Contractor on material for which advance has been given to the Contractor by VMC. The amount

of loss for such claim will be decided by Engineer- In-Charge, VMC, whose decision shall be final. If

the Contractor suffers any loss on account of his having to pay labour charges during the period

during which the stoppage of work has been ordered under this clause, the Contractor shall, on

application, be entitled to such compensation on account of labour charges as the Engineer- In-

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Charge, VMC, whose decision shall be final, may consider reasonable. Provided the Contractor shall

not be entitled to any compensation on account of labour charges, if in the opinion of the Engineer-

In-Charge, VMC, the labour could have been employed by the Contractor elsewhere for the whole or

part of the period during which the stoppage of work has been ordered as aforesaid.

Clause 15: Time limit for unforeseen claims

Under no circumstances whatever shall the Contractor be entitled to any compensation from VMC

on any account unless the Contractor shall have submitted a claim in writing to the Engineer-In-

Charge within one month of the cause of such a claim occurring.

Clause 16: Action and compensation in case of bad work (Read in Conjunction with Section

Part C Clause 35 and 36 of ITB)

If, at any time before the security deposit is refunded to the Contractor, it shall appear to the

Engineer-In- Charge, VMC or his subordinate in charge of the work, that any work has been

executed with unsound, imperfect or unskillful workmanship or with materials of inferior quality or

that any materials or articles provided by him for the execution of the work are unsound, or of a

quality inferior to that contracted for, or are otherwise not in accordance with the contract, it shall

be lawful for the Engineer-In- Charge, VMC to intimate this fact in writing to the Contractor and then

notwithstanding the fact that the work, materials or articles complained of may have been

inadvertently passed, certified and paid for, the Contractor shall be bound forthwith to rectify or

remove and reconstruct the work so specified in whole or in part, as the case may require, or if so

required, shall remove the materials or articles so specified and provide other proper suitable

materials or articles at this own charge and cost and in the event of his failing to do so within a period

to be specified by the Engineer-In-Charge, VMC in the written intimation aforesaid, the contractor

shall be liable to pay compensation at the rate of one percent on the amount of the estimate for every

day nor exceeding ten days, during which the failure so continues and in the case of any such failure

as aforesaid the Engineer-In-Charge, VMC may rectify or remove and re- execute the work or remove

and replace the materials or articles complained of as the case may be at the risk and expense in all

respect of the Contractor should the Engineer-In- Charge, VMC consider that any such inferior work

or materials as described above may be accepted or made use of it shall be within his discretion to

accept the same at such reduced rates as he may fix, therefore. However, the contractor shall be

responsible for the normal maintenance of the work till the final bill of the work is prepared by the

Departmental Officer.

Clause 17: Deleted

Clause 18: Works to be open to inspection, Contractor or responsible agent to be present

All works under or in course of execution or executed in pursuance of the contract shall at all times,

be open to the inspection and supervision of the Engineer-In-Charge, VMC and his subordinates and

the Contractor shall at all times during the usual working hours, and at all his subordinate to visit the

works shall have been given to the Contractor, either himself be present to receive orders and

instructions, or have a responsible agent duly accredited in writing present for the purpose. Orders

given to the Contractor’s duly authorized agent shall be considered to have the same force and effect

as if they had been given to the Contractor himself/herself.

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The contractor shall also supply without charge the requisite number of persons with the means and

materials necessary for the purpose of setting out works, and counting, weighing and assisting in the

measurement or examination at any time of the work or materials, failing this the same may be

provided by the Executive Engineer at the expense of the contractor and the expense may be

deducted from any money due to the contractor under the contract or from his Security Deposit. The

contractor shall provide all necessary fencing and lights required to protect the public from accident

and shall also be bound to bear the expense of defense of every suit, action or other legal proceedings,

at law, that may be brought by any person for injury sustained owing to neglect of the above

precautions, and to pay any damages and costs which may be awarded in any such suit, action or

proceedings to any such persons or which may be with the consent of the contractor be paid in

compromising any claim by any such person.

Clause 18A: Employment of a qualified site Engineer by the Contractor.

The contractor shall employ full-time technically qualified staff during the execution of this work as

specified in this tender. The Engineers so employed for the Government work must have sufficient

experience to handle the work independently. Such an Engineer shall have to stay at the site of work

and he shall not be entrusted with other duty except this work. In case the contractor or partner of

the contractor firm is a Civil Graduate Engineer, Employment of the separate Engineer will not be

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

Clause 19: Notice to be given before work is covered up

The Contractor shall give not less than five days’ notice in writing to the Engineer-In- Charge, VMC or

his subordinate in charge of the work before covering up or otherwise placing beyond the reach of

measurement any work in order that the same may be measured and correct dimensions thereof

taken before the same is so covered up or placed beyond the reach of measurement and shall not

cover up or place beyond the reach of measurement without the consent in writing of the Engineer-

In-Charge, VMC of his subordinate-in- charge of the work and if any work shall be covered up or

placed beyond the reach of measurement without such notice having been given or consent

obtained the same shall be uncovered at the Contractor’s expense and in default thereof no

payment or allowance shall be made for such work or for the materials with which the same was

Clause 20: Contractor liable for damage and for imperfections for months after Payment of RA or

completion certificate

If the Contractor or his workmen, or servant shall break, deface, injure or destroy any part of a

building in which they may be working or any building, road, fence, enclosure or grass land or

cultivated ground continuous to the premises on which the work or any part thereof is being executed

or if any damage shall be done to the work from any cause whatever while it is in progress or if any

imperfections become apparent in it within one year from the grant of a certificate of completion,

final or otherwise, by the Engineer-In-Charge, VMC, the Contractor shall make good the same at his

own expenses or in default, the Engineer-In-Charge, VMC may cause the same to be made good by

other workmen, and deduct the expenses (of which the certificate of the Engineer- In-Charge, VMC

shall be final) from any sums that may then be due or may thereafter become due to the Contractor

or from his security deposit or the proceeds of sale thereof or as sufficient portion thereof.

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Clause 20A: Force majeure

Any delays in or failure of the performance of either part hereto shall not constitute default

hereunder or give rise to any claims for damages, if any to the extent such delays or failure of

performance is caused by occurrences such as acts of God or the public enemy appropriation or

confiscation of facilities by Government authorities act of war, rebellion or subterfuge or fire, flood,

explosion, riots or illegal strikers. The contractor shall keep records of the circumstances referred to

above and bring these to the notice of Purchaser/Client in writing immediately on such

Clause 21: Contractor to supply plant ladders scaffoldings, etc. and is liable for damage arising from

non- provision of lights, fencing etc.

The Contractor shall supply at his own cost all materials, (except such special material, if any, as may,

in accordance with the contact be supplied from the VMC Store) plant, tools, appliances, implements,

ladders, cordage, tackle, scaffolding, shoring, strutting and any temporary works which may be

required for the proper execution of the work, whether in the original, altered or sustained form and

whether included in the specifications, or other documents forming part of the contract or referred

to in these conditions or not and which may be necessary for the purpose of satisfying or complying

with requirements of the Engineer-In- Charge, VMC as to any matter or to which under these

conditions he is entitled to be satisfied, or which he is entitled to required together with carriage

therefore to and from the work. The Contractor shall also supply without charges the requisite

number of persons with the means and materials necessary for the purpose of setting out works and

counting, weighting and assisting in the measurement or examination at any time and from time to

time of the work or the materials. Failing this, the same may be provided by the Engineer- In-Charge,

VMC at the expense of the Contractor and the expenses may be deducted from any money due to the

Contractor under the contract or from this security deposit or the proceeds of sale thereof or of a

sufficient portion thereof. The Contractor shall provide all necessary fencing and light required to

protect the public from accident and shall also be bound to bear the expenses of defence of every suit,

action or other legal proceedings, at law that may be brought by any person for injury sustained

owing to neglect of the above precautions and to pay any damage and costs which may be awarded

in any such suit, action or proceeding to any such person, or which may, with the consent of the

Contractor be paid in compromising any claim by any such persons. Further,

The contractor to indemnify the VMC:

The VMC shall not be liable for or in respect of any damages or compensation payable by lawin

respect or in consequence of any accident of injury to any workman or other person in the

employment of the contractor or his any sub-contractor or any other outside person/persons and

contractor shall indemnify the VMC against such damages and compensation and against all claims,

demands, proceedings, costs, charges, expenses whatsoever in respect thereof or in relation thereto.

Payments of Claims and Damages:

VMC have to pay any money in respect of such claims or demands as aforesaid the amount so paid

and the costs incurred by the VMC shall be charged to and paid by the contractor and the contractor

shall not be at liberty to dispute or question the right of the VMC to make such payments

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notwithstanding the same may have been made without his consent or authority or in law or

otherwise to the contrary.

Clause 21-A: Deleted

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Clause 21B: Deleted

Clause 22: Measures for prevention of fire

The Contractor shall not set fire to any standing jungle, trees, bush wood or grass without a written

permit from the Engineer-in-Charge. When such permit is given, and also in all cases when

destroying, cut or dug up trees, bush wood, grass, etc., by fire the contractor shall take necessary

measures to prevent such fire spreading to or otherwise damaging surrounding property. The

Contractor shall make this own arrangement for drinking water for the labour employed by him/her.

Clause 23: Liability of contractor for any damage done in or outside work area

Compensation for all damages done intentionally or unintentionally by Contractor’s labours, whether

in or beyond the limits of VMC property, including any damage caused by the spreading of fire

mentioned in clause 22, shall be estimated by the Engineer-In-Charge, VMC, subject to the decision

of the Engineer-in-Charge, on appeal, shall be final and the Contractor shall be bound to pay the

amount of the assessed compensation on demand failing which the same will be recovered from

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

Charge, VMC from any sums that may be due to or become due from VMC to the Contractor under

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this contract or otherwise.

The Contractor shall bear the expense of defending any action or other legal proceedings that may

be brought by any person for injury sustained by him owing to neglect of precautions to prevent the

spread of fire and he shall also pay any damage and cost that may be awarded by the court in

Clause 24: deleted

Clause 25: Work on Sunday/Holiday

No work shall be done on a Sunday/Holiday without the sanction in writing of the Engineer-In- Charge,

Clause 26: Work not to be sublet. The contract may rescind and security deposit

forfeited for subletting it. (Read in Conjunction with Point 13 of Contract Data)

The contract shall not be assigned or sublet without the written approval of the Engineer-In- Charge,

VMC. And if the Contractor shall assign or sublet his contract, or attempt to do so or become insolvent

or commence any proceedings to get himself adjudicated as an insolvent or make any compromise

with his creditors or attempt to do so, the Engineer-In-Charge, VMC may, by notices in writing

rescind the contract. Also if any bribe, gratuity, gift, loan, perquisite, reward or advantage, pecuniary

or otherwise, shall either directly or indirectly be given, promised or offered by the Contractor, or

any of the servants or agents to any public officer or person in the employ of VMC in any way relating

to his office or employment, or if any such officer or person shall become in any way directly

interested in the contract , the Engineer-In-Charge, VMC may thereupon, by notice in writing, rescind

In the event of a contract being rescinded, the security deposit of the Contractor shall thereupon

stand forfeited and be absolutely at the disposal of VMC and the same consequences shall ensure as

if the contract had been rescinded under Clause 3 hereof and in addition the Contractor shall not be

entitled to recover or be paid for any work therefore actually performed under the contract. VMC will

ask to contractor to provide the Invoices of Purchase materials for checking.

Clause 27: Sum payable by way of compensation to be considered as reasonable compensation without

reference to actual loss.

All sums payable by a Contractor by way of compensation under any of these conditions shall be

considered as a reasonable compensation to be applied to the use of VMC without reference to the

actual loss or damage sustained and whether any damage has or not been sustained.

Clause 28: Changes in the constitution of firm to be notified

In the case of a tender by partners, any change, in the constitution of a firm shall be forthwith notified

by the Contractor to the Engineer-In-Charge, VMC for his information.

Clause 29: Works to be under direction of Engineer-in-Charge

All works to be under the contract shall be executed under the direction and subject to the approval

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in all respects of the Engineer-in-Charge of the VMC who shall be entitled to direct at what point or

points and in what manner are to be commenced and from time to time carried on.

Clause 30: Settlement of Dispute Arbitration:

(Refer Clause 24.3 part A of Section 3 of ITB)

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

Part A Clause 4 of ITB)

Except where otherwise specified in the contract and subject to the powers delegated to him/her by

VMC, the code, rules then in force the decision of the Engineer-In-Charge, VMC shall be final,

conclusive and binding but subject to arbitration, if the contractor is not satisfied with the

meaning of the specifications, designs, drawings, and instructions herein before mentioned

and as to the quality or workmanship, or materials used on the work or as to any other question,

claim, right, matter or thing whatsoever, in any way arising out of or relating to the contract, designs,

drawings, specifications, estimates, instructions, orders of these conditions or otherwise concerning

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

abandonment thereof.

Clause 32: Access to the Site

The contractor shall arrange to construct, maintain and afterwards remove and reinstate any

temporary access required for and in connection with execution of the works. Reinstatement shall

include restoring the area of the access route to at least the degree of safety, stability, drainage and

appearance that existed before the Contractor entered the site.

Clause 33: Lump sum in estimates (If Applicable)

When the estimate on which a tender is made include Lump sum in respect of parts of the work,

the Contractor shall be entitled to payment in respect of the items of work involved or the part of the

work in question at the same rates as are payable under this contract for such items or if the part of

the work in question is not in the opinion of the Engineer-In-Charge, VMC capable of measurement,

the Engineer-In- Charge, VMC may, at his discretion, pay the Lump sum amount entered in the

estimate and the certificate in writing of the Engineer-In- Charge, VMC shall be final and conclusive

against the Contractor with regard to any sum or sums payable to him under the provisions of this

Clause 34: Deleted

Clause 35: Deleted

Clause 36: Deleted

Clause 37: Royalties

The contractor shall pay the royalty to the competent authority/local body as per rules and shall

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produce “No Due Certificate” from the Royalty Inspector having jurisdiction over the work site area,

to the Engineer-In- Charge, VMC before claiming refund of Security Deposit. The royalty charges paid

shall not be refunded to the Contractor.

Clause 38: Compensation under the Workmen’s Compensation Act (Read in Conjunction with

Section 3 Part F Clause 64 of ITB)

The Contractor shall be responsible for and shall pay any compensation to his workmen payable

under the Workmen’s Compensation Act, 1923 (VIII of 1923), (hereinafter called the said Act) for

injuries caused to the workmen. If such compensation is paid by VMC as principal under sub-section

(1) of section 12 of the said Act on behalf of the Contractor, it shall be recoverable by VMC from the

contractor under sub-section (2) of the said section. Such compensation shall be recovered in the

manner laid down in Clause 1 above.

In every case in which by virtue of the provisions sub-section (1) of Section 12, of the Employee’s

Compensation Act, 1923, Employer is obliged to pay compensation to a workman employed by the

Contractor, in execution of the Works, Employer will recover from the Contractor the amount of the

compensation so paid; and, without prejudice to the rights of the Employer under sub-section (2) of

Section 12, of the said Act, Employer shall be at liberty to recover such amount or any part thereof by

deducting it from the Security Deposit or from any sum due to the Contractor whether under this

Contract or otherwise. Employer shall not be bound to contest any claim made against it under sub-

section (1) Section 12, of the said Act, except on the written request of the Contractor and upon his

giving to Employer full security for all costs for which Employer might become liable In Consequence

of contesting such claim.

Clause 39: Liability of the Contractor in case of accidents

The contractor shall be responsible for and shall pay the expenses of providing medical aid to public

or to any workmen who may suffer a bodily injury as a result of an accident. If such expenses are

incurred by Government, the same shall be recoverable from the Contractor forthwith and be

deducted, without prejudice to any other remedy of Government, from any amount due or that may

become due to the Contractor. For any accident due to this work, Agency is fully responsible in all

Clause 39A: Medical Aid to Workmen

The contractor shall be responsible for and shall pay the expenses of providing medical aid to any

workmen who may suffer a bodily injury as a result of an accident. If VMC incurs such expenses, the

same shall be recoverable from the Contractor forthwith and be deducted, without prejudice to any

other remedy of VMC, from any amount due or that may become due to the Contractor.

Clause 39B: Safety and First Aid

The Contractor shall provide all necessary personal safety equipment and first aid apparatus

available for the use of the persons employed on the site and shall maintain them in the same

condition suitable for immediate use at any time and shall comply with the following regulations in

connection therewith:

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1. The workers shall be required to use the equipment so provided by the Contractor and the Contractor shall

take adequate steps to ensure proper use of the equipment by those concerned.

2. When work is carried on in proximity to any place where there is a risk of drowning, all necessary

equipment shall be provided and kept ready for use and all necessary steps shall be taken for the

prompt rescue of any person in danger.

3. Adequate provision shall be made for prompt first aid treatment of all injuries likely to be sustained during

the course of the work.

Clause 40: Claim for quantities of work entered in the tender or estimate

Quantities shown in the tender are approximate and no claim shall be entertained for quantities of

work executed being either more or less than those entered in the tender or estimate.

Clause 41: Deleted

Clause 42: Claim for compensation for delay in starting the work

No compensation shall be allowed for any delay caused in the starting of the work on account of

acquisition of land or in the case of clearance works on account of any delay in according to sanction

Clause 43: Claim for compensation for delay in the execution of work

No compensation shall be allowed for any delay in execution of the work on account of water standing

in borrows pits or compartments. The rates are inclusive of hard or cracked soil, excavation in mud,

sub-soil water or water standing in borrows pits and no claim for an extra rate shall be entertained

unless otherwise expressly specified.

Clause 44: Entering upon or commencing any portion of work

The Contractor shall not enter upon or commence any portion of work except with written authority

and instructions of the Engineer-In-Charge, VMC or of his subordinate in charge of the work failing

such authority the Contractor shall have no claim to ask for measurements of or payment for work.

Clause 45: DELETED

Clause 46: Method of payment (Read in Conjunction with Section 3 Part D Clause 43 of ITB)

Payment of Contractors shall be made by cheque / through ECS drawn on Bank within the division

convenient to VMC. The contractor shall intimate in writing about details of account as & when

Any sum of money due and payable to the Contractor (including the security deposit returnable to the

under this Contract shall be appropriated by the VMC and shall be set off against any claim of the

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contractor with the VMC for the payment of a sum of money arising out of or under any other contract

made by the Contractor with the VMC. When no such amount of the purpose of the recovery from the

Contractor against any claim of the VMC is available, such a recovery shall be made from the

Contractor as arrears of land revenue.

Clause 47: Acceptance of conditions compulsory before tendering for work

Any Contractor who does not accept these conditions shall not be allowed to tender for works.

Clause 48: Employment of Scarcity Lab our

If Government declares a state of scarcity or famine to exist in any village situated within

kilometres of the work, the piece worker/contractor shall employ upon such parts of the work as are

suitable for unskilled labour, any persons certified to him by the Engineer-in-Charge, or by any

person to whom the Engineer-in-Charge may have delegated this duty in writing to be in need or

relief and shall be bound to pay such persons wages not below the minimum which VMC may have

fixed in this behalf. Any disputes, which may arise in connection with the implementation of this

clause, shall be decided by the Engineer-In-Charge VMC whose decision shall be final and binding on

the piece worker/Contractor.

Clause 49: Prices quoted by the Contractor

Refer clause 12 of IFB

Clause 50: Rates inclusive of all Taxes

Refer clause 45 of part D of section 3of IFB

Clause 51: Deleted

Clause 52: Fair

Refer Section 3 Part F Clause 64 of ITB

Clause 53: Shed for Materials

The Contractor will have to construct shed for storing materials with locking arrangements. The

materials will be taken for use in the presence of the departmental persons. No material will be

allowed to be removed from the site of work.

Clause 54: Deleted

Clause 55: Deleted

Clause 56 : Deleted

Clause 57 : Deleted

Clause 58 : Pure and wholesome water for labourers

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The Contractor shall provide an adequate supply of pure and wholesome water for the use of

Clause 59: Deleted

Clause 60: Deleted

Clause 61: Liabilities for accidents to person

Refer Section 3 Part F Clause 64 of ITB

Clause 62: Reports regarding labour

The Contractor shall submit the following reports to the Engineer-In-Charge, VMC:

A daily report in the form as may be prescribed of the strength of labour both skilled and unskilled

employed by him on the work(s). The Contractor shall increase or decrease the strength, both skilled

and unskilled, if directed by the Engineer-In-Charge, VMC. The submission of such report shall not,

however, relieve the Contractor of the responsibilities and duties regarding progress or any other

obligation under the Contract. A classified weekly return in the prescribed form of the number of

persons employed on the works during the preceding week.

Clause 63: Deleted

Clause 64: Deleted

Clause 65 : Insurance taxes and duties Insurance:

Refer Section 3 Part A Clause 13 of ITB

Clause 66: Deleted

Clause 67: Deleted

Clause 68: License for contract labour

Before starting the work, the Contractor will have to obtain the license from the District Assistant

Labour Commissioner under the Contract Labour (Regulation and Abolition) Act 1970 and contract

number of labourers to be employed on the work and will have to supply two true copies of the said

license to the Deputy Executive Engineer before the work is started.

Clause 69: Liability of the Contractor in case of Fraud, Dishonest and Fraudulent

concealment. Certificate of payment issued by Architect/Owner during the progress of the works

or after their completion shall not relieve the Contractor from his liability under all or any of the

clause(s) in this contract. In case of fraud, dishonesty or fraudulent concealment relating to the

works or material or to any matter dealt in with the certificate and in case of defects and

insufficiencies in the works or material which any reasonable examination would not have

disclosed the certificate issued by Architect/Owner shall not be considered as a conclusive

evidence that any work and material to which it relates or in accordance with the contracted

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and such a certificate shall be considered to have been obtained by the contractor by fraud or

misrepresentation and it shall be liable to the cancelled or withdrawn.

Clause 70: DELETED

Clause 70A: DELETED

Clause 71: Forfeiture/Termination

Refer Section 3 Part E Clause 59 of ITB

Clause 71 A: Valuation at date of forfeiture

The owner shall as soon as may be practicable after his entry consequent upon the expulsion of the

Contractor fix and determine expert or by or after reference to the parties or after such investigations

or inquiries as he may think fit to take or institute and shall certify what amount ( if any) which had

at the time of such entry and expulsion become reasonably due to the Contractor in respect of work

then actually done by him under the contract including the value of any unused or partially used

materials, any constructional plant and any temporary works which are taken over by owner

under his exclusive rights.

Clause 71 B: Payment after Forfeiture

Refer Section 3 Part E Clause 60 of ITB

Clause 72: If the Contractor dies

Without prejudice to any of the rights or remedies under this contract, if the Contractor dies

owner shall have option of terminating the contract without any compensation to the

Clause 73: Insolvency and breach of contract

The VMC may at any time, by notice in writing, summarily terminate the contract without

compensation to the contractor in any of the following events:

a. If the contractor, a firm or any partner thereof, shall be at the time adjusted insolvent or shall have a

receiving order for administration of his estate made against him or shall take any proceedings for

composition under any Insolvency Act for the time being in force to make any conveyance or

assignment of his assets or enter into any arrangement or composition with his creditors or suspend of

payment if the firm is dissolved under the partnership Act.

b. If the contractor being a company is wound up voluntarily by the order of a court or receiver,

liquidator or Manager on behalf of the debenture holders is appointed or circumstances shall have

arisen which entitled the court or Debenture holders to appoint a receiver liquidator or Manager.

c. If the contractor commits any breach of the contract not herein specifically provided anyright of

action or remedy which shall have occurred or shall occur thereafter and provided also the

contractors be liable to pay the VMC for any extra expenditure he is thereby put to and the contractor

shall under no circumstances be entitled to any gain in repurchase.

Clause 74: Action when whole of Security Deposit is forfeited.

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In any case in which under any clause of this contract, the contractor shall have rendered himself

liable to pay compensation amounting to the whole of his Security Deposit (Whether paid in one sum

or deducted by installment) or in the case of abandonment of the work owing to serious illness or

death of the contractor or any other cause, the City Engineer/ Additional City Engineer/ Head of

Department, on behalf of VMC shall have power to adopt any of the following courses as man, deemed

best suited to the interest of VMC.

1. To rescind the contract (of which recession notice in writing to the contractor under the hand of the

executive Engineer shall be conclusive evidence) and in that case, the Security deposit of the contractor

shall stand forfeited and be absolutely at the disposal of the VMC.

2. To employ labour paid by the VMC and to supply materials to carry out the work, or any part of the

works, debiting the contractor with the cost of the labour and price of materials as to the correctness of

which cost and price the certificate of the City Engineer/Additional City Engineer/Executive Engineer

shall be final and conclusive against Contractor and crediting him with the value of the work done, in all

respect in the manner and at the same rate as if it had been carried out by the contractor under the

terms of this contract and in that case the certificates of the Executive Engineer as to the value of the

work done shall be final and conclusive against the contractor.

3. To order that the work of the contractor be measured up and to take such part thereof as shall be

unexecuted out of his hands, and to give it to another contractor to complete, in which case, any expenses

which may be incurred in excess of the sum which would have been executed by him (as to the amount

of which expenses the certificate in writing of the City Engineer/Additional City Engineer/Executive

Engineer shall be final and conclusive) shall be borne and paid by the original contractor and shall be

deducted from any money due to him by the VMC under the contractor or otherwise or from his security

deposit or the proceeds of sale thereof, of a sufficient part thereof. In the event of any of the above

courses being adopted by the City Engineer the contractor shall have no claim to compensation for any

loss sustained by him by reason of his having purchased, or prepared any materials, or entered into any

engagements, or made any advances on account of or with a view to execution of the work or the

performance of the contract. And in case of the contract shall be rescinded under the provision aforesaid,

the contractor shall not be entitled to recover or be paid any sum, for any work therefore actually

performed by him under this contract unless and until the Executive Engineer shall have certified in

writing the performance of such work and the amount payable to him in respect thereof and he shall

only be entitled to be paid the amount so certified.

Clause 75: DELETED

Clause 76: Alterations in Specifications and Designs not to be invalidate contracts. Rates for works

not entered or schedule rate.

The City Engineer/ Additional City Engineer/ Head of Department/ Executive Engineer shall have

power to make any alteration in or addition to the original specifications, drawings and instructions

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

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

which may be given to him in writing signed by the City Engineer / Additional City Engineer /

Executive Engineer and such alteration shall not invalidate contract. Any additional work which

the contractor may be directed to do in the manner above specified as part of the work shall be

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carried out by the contractor on the same conditions in all respect on which he agreed to do the main

work, and at the same rates as are specified in the tender for the main work. And if the additional and

altered in the tender for the work, and if the additional and altered work includes any class of works

for which no rate is specified in this contract, then such class of works shall be carried out at the rates

entered in the Scheduled Rates or at the calculated rates whichever are lower. If the additional or

altered work for which no rate is entered in the Schedule of Rates in ordered to be carried out before

the rates are agreed upon then contractors shall within seven days of the date of receipt by him of

the order to carry out the work, inform the Executive Engineer of the rate which he is intending to

charge for such class of work, and to arrange to carry out in such manner as he may consider

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

in regard there to before the rates shall have been determined as lastly here in before mentioned

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

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

according to such rates as shall be fixed by the Executive Engineer, in the event of a dispute, the

decision of the Additional City Engineer will be final. Where however, the work is to be executed

according the designs, drawings and specifications recommended by the contractor and accepted by

VMC, the alteration above referred shall be within the scope of such design, drawings and

specifications appended to the tender. The time limit for completion of works shall be extended in

the proportion that the increase in cost occasioned by alterations or additions bears to the cost of the

original contract work, and the certificate of the Executive Engineer as such proportion shall be

Clause 77 :: Execution of Works.

All works to be executed under the direction and subject to the approval in all respect of Engineer-

in-charge or Executive Engineer for the time being, who shall be entitled to direct at what point or

points and in what manner they are to be commenced and from time to time carried on.

Clause 78 :: Action where no specifications are available.

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

with the GWSSB / P.W.D. or I.S.I. specification / relevant specifications published by state or central

Government, and in the event of there being no P.W.D. or I.S.I. specifications the work shall be carried

out in all respects in accordance with the instructions and requirements of the Executive Engineer.

Clause 79 :: DELETED

Clause 80 :: Removal of Workmen

The VMC shall be at liability to object & require the Contractor to remove forth with from the works

any person employed by the contractor in or about the execution or maintenance of the works who

in the opinion of the VMC misconducts himself or is in completed or negligent in the proper

performance of his duties or whose employment is otherwise considered by the Executive Engineer

to be undesirable & such person shall be replaced by the contractor without delay by a competent

substitute approved by VMC.

Sapient Techno Consultants

Vadodara Municipal Corporation Instrument and SCADA work for Existing APS/MPS & STP

Clause 81 :: Jurisdiction.

The contractor shall be governed and be constituted according to laws in India. The Contractor will

submit to the jurisdiction of the courts situated at Vadodara for the purpose of disputes, actions and

proceedings arising out the contract and the courts at Site location only will have the jurisdiction to

hear and decide disputes, actions and proceedings.

Clause 82 Programme of Work

Refer Section 3 Part B Clause 27 of ITB

Clause 83:: Progress

The Contractor shall regularly review his programme in the light of the progress actually achieved

and shall submit for approval updated PERT/CPM Network and bar charts at intervals to be agreed

with the Engineer’s Representative. If progress falls behind that needed to ensure timely completion

of the various parts of the works, the Contractor shall submit proposals for improving his methods

and pace of working to the satisfaction of Engineer’s Representative and shall carry out such

measures as are needed to ensure that the works are completed on time.

Clause 84 :: TIME FOR COMPLETION:

The Contractor shall commence the works on site when ordered by the Engineer and shall proceed

with the same with due expedition and without delay except as may be expressly sanctioned or

ordered by the Engineer or be wholly beyond the Contractor’s control.

Clause 85 :: CERTIFICATES OF COMPLETION:

If the Engineer issues a Certificate of Completion for a part of the Works pursuant to Clause 7, the

Contractor shall as far as practicably finish all outstanding work on that part of the works during the

relevant Defects Liability Period. No Certificates of Completion shall relieve the Contractor or any of

his obligations in connection with other Contractors whose work is carried out after the issue of such

Clause 86 :: PATENTS, RIGHTS AND ROYALTIES :

The Contractor shall save harmless and indemnify the Municipal Commissioner VMC and of VMC and

VMC from and against all claims and proceedings for or on account of infringement of any patents,

rights, design, trade mark or name or other protected rights in respect of any Constructional plant,

machine, work or material use for or in connection with the works or temporary works or any of

them and from and against all claims, demands, proceedings, damages, costs, charges and expenses

whatsoever in respect thereof or in relation thereto. Except where otherwise specified, the

Contractor shall pay all tonnage and other royalties, rent and other payment or compensation if any

for getting stone, sand, gravel, clay or other materials required for the works or temporary works or

Clause 87:: THE SITE

1. Tenderer must visit the work site and see for himself/herself the site, pipeline route and ground

conditions in all respects including availability of labour (skilled and unskilled), approaches,

obstructions, drains, availability of water, electricity, materials and all other matter affecting the work

Sapient Techno Consultants

Vadodara Municipal Corporation Instrument and SCADA work for Existing APS/MPS & STP

beforesubmitting the tender.

2. The submission of the tender by Tenderer implies that he has visited the work site, readthe entire

tender document and has made himself aware of the scope of specification of work to be performed

and of the conditions and rates at which materials will be issuedto him/her and local conditions

and other factors which have a bearing on the execution of work.

3. Owner will not, therefore, after acceptance of the tender, pay any extra charges for anyreason

whatsoever in case Contractor finds later on to have misjudged the site and other conditions.

Clause 88 :: ACCESS TO THE SITE:

The Contractor shall arrange to construct, maintain and afterwards remove and reinstate any

temporary access required for an in connection with the execution of the works. Reinstatement shall

include restoring the area of the access route to at least the degree of safety, stability, drainage and

appearance that existed before the Contractor entered the site.

Clause 89:: SETTING OUT THE WORKS

1. The Contractor shall be responsible for the true and proper setting out of the works in relation to

original points, lines and levels of reference given by the Engineer in writing or shown on the Drawings

and for correctness, subject as above mentioned in the position, levels, dimensions and alignment of all

parts of the works and for the provision of all necessary instruments, appliances and labour in

connection therewith.

2. The checking of any setting out of any line or level by the Engineer’s Representative shall not in any way

relieve the Contractor of his responsibility for the correctness thereof.

Clause 90 :: TEMPORARY WORKS:

A reasonable time before he intends to commence construction of any temporary works, the

Contractor shall submit full particulars including drawings of the same for the approval of the

Engineer’s Representative. Submission to an approval by the Engineer’s Representative of any such

particulars shall not relieve the Contractor of any of his responsibilities under the Contract.

Clause 91 :: AMENITIES TO BE PRESERVED: