Design, Engineering, Procuring, Constructing and Commissioning (EPC) for RCC Intake well of 150 MLD capacity at Machhu-2 Dam site, Approach bridge, Pump house and Ancillary civil works with Electro-Mechanical-Instrumentation work including Operation and Maintenance for Two years at Morbi (3rd Attempt).

Name of work a) Estimated Cost( with out

b) Amount of EMD

c) e-Tender fee

d) Registration class

e) Time limit for

completion of work

1 “Design, Engineering, Procuring, Constructing a) Rs. 19,11,20,600/-

and Commissioning (EPC) for RCC Intake well of b) Rs. 19,11,206/-

150 MLD capacity at Machhu-2 Dam site, d) 24 months

Approach bridge, Pump house and Ancillary a) “AA” Class and above

civil works with Electro-Mechanical-

Instrumentation work including Operation and

Maintenance for Two years at Morbi (2nd

Milestone Dates for e-tendering is as under

1. Downloading of e-Tender documents 30-01-2026 To 13-02-2026 upto 18.00 Hrs.

2. Online submission of e - Tender 13-02-2026 upto 18.00 Hrs.

3. Physical submission of EMD, Tender fee 20-02-2026 upto 18.00 Hrs.

and other documents required as per

Financial and Experience criteria by Regd.

Post. A.D. / Speed Post ONLY

4. Opening of online tender 23-02-2026 at 12.00 Hours onwards

5. Opening of Price Bid (If possible) 23-02-2026 at 13.00 Hours onwards

6. Bid Validity 120 Days

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

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

address along with physical submission of bid documents in form of Demand draft in favour of "Morbi

Municipal Corporation", Morbi, from any Nationalized Bank or Scheduled Bank (except Co-Operative Bank)

in India. Also, Address proof of registered office and ID proof shall have to be submitted along with physical

submission of required documents.

CITY ENGINEER WATER WORKS PROJECTS

MORBI MUNICIPAL CORPORATION,

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

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

3. The pre-qualification requirement is as under:

A. Financial Criteria:

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

progress and completed in all classes of civil engineering construction works only) in any

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

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

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

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

B. Earnest Money Deposit / Bid Security:

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

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

C. Registration Class:

Bidders must have minimum "AA" Class registration with GWSSB, State or Central

D . Available bid capacity-

• ABC must be more than the estimated tender amount.

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

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

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

account the completed as well as works in progress.

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

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

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

the tender is invited).

E. Experience Criteria:

The bidder should possess the following minimum experience:

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

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

seven years ending 31st March

In above “Work of Similar Nature” means an experience of Construction of RCC Intake well, Approach

bridge, Pump house and Ancillary civil works with Electro-Mechanical-Instrumentation-PLC/SCADA

work as per above mentioned tendered amount whose projects cost inclusive of Intake well

construction work in any Municipal Body / Urban Local Body / Development Authority / State

Government Body or undertaking / any department or undertaking of Government of India.

In Addition to that experience will be required also for Minimum Experience of One Work of Civil,

Mechanical, Electrical, Instrumentation/SCADA works of similar nature of any Intake well Project

within the last 7 (seven) financial years in any Municipal Body / Urban Local Body / Development

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

India as per physical criteria shown below.

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

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

in the joint venture.

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

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

continuing satisfactorily. In which case agency has to submit the Final bill or Last running bill showing

the quantity and amount of the specific work as required in experience criteria.

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

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

works, satisfactory performance of the contractor and any other relevant information.

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

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

Sr. No. Year Enhance Factor

1 Year of Inviting Tender (25-26)

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

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

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

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

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

purchased from the unregistered supplier / not having GST Number.

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

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

decision of the Municipal Commissioner regarding the pre- qualifications shall be final and binding to all

the bidders. Bidder to provide CVs of at least 2 (Two) experienced civil engineers who must be deployed

on site during all work as per instructions of Engineer in Charge.

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

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

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

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

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

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

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

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

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

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

the authority, the tender will be rejected at whatsoever stage and in such case all the losses that will

arise out of this issue will be recovered from the tenderer / bidder and he will not have any defence for

the same. A self-attested declaration on the letter head of the Bidder’s Firm/Company in this regard

shall have to be submitted along with tender documents.

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

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

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

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

bid if the Employer or Employer’s representatives choose to do or in the interest of the work. The

Bidder(s) shall have no cause of action or claim against the Morbi Municipal Corporation or its

Officers/Employee’s successor or assignee for rejection of his tender/bid.

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

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

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

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

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

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

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

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

12. Conditional Tenders will be outrightly rejected.

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

the same will not be uploaded.

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

assigning any reasons thereof.

Morbi Municipal Corporation

CHECKLIST FOR SUBMMISSION OF DOCUMENTS (ONLINE AND OFFLINE)

The bidder must submit the relevant documents as per below:

Document Name Offline Submission

1 Tender Fee and EMD Scan Image Original DD

2 Tender Documents ( with Scan Image --

Corrigendum if any

3 Agency Registration Certificate Scan Image --

4 GST Registration Scan Image --

5 PAN card Scan Image --

6 PF Registration Scan Image --

7 ESIC Registration Scan Image --

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

9 Non-Blacklist Declaration and Litigation Scan Image Original

10 Turnover Certificate from (CA Certified) Scan Image --

11 Work Experience Certificates Scan Image --

12 Available bid capacity Scan Image --

13 Other documents, if any Scan Image --

14 Working Capital (C.A Certified) Scan Image --

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

correspondence to the agency will be made for shortfall documents.

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

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

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

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

Morbi Municipal Corporation

Name and signature of Bidder

Information to the tenderers

1. Bid Validity 120 (One Twenty) days from the last date of

opening of Technical Bid

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

Amount of tender security bond (Earnest

Minimum amount of performance bond

4. 5 (Five) percent of contract price

5. Time of completion 24 (Twenty Four) months

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

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

of Completion Certificate whichever is later.

0.1 (zero point one) percent of the contract

value per each day of delay subject to a

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

contract value or as decided by the

Municipal Commissioner

Municipal Commissioner reserves the right

8. Remarks to reduce scope of work and entrust to any

other agency without any assigning reason.

Asst. Engineer Dy. Executive Engineer City Engineer

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

Signature of Contractor

3. e-TENDER DECLARATION FORM & SECURITY

3: e-TENDER DECLARATION FORM

“Design, Engineering, Procuring, Constructing and Commissioning (EPC) for RCC Intake

well of 150 MLD capacity at Machhu-2 Dam site, Approach bridge, Pump house and Ancillary

civil works with Electro-Mechanical-Instrumentation work including Operation and

Maintenance for Two years at Morbi. (3rd Attempt)”

The Municipal Commissioner,

Morbi Municipal Corporation,

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

Notice Inviting Tenders, Articles of Agreement, Scope of Works, Definition of Terms, Instructions to Bidders,

Conditions of Contract, Special Conditions of Contract, Appendices, Specifications, Schedule of Quantities and

Tender Drawings furnished by The Morbi Municipal Corporation. I/We have satisfied myself/ourselves as to the

location of site, examined drawings.

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

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

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

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

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

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

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

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

the 'Earnest Money' Deposit.

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

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

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

Rs 2,87,036/- the full value of which is to be absolutely forfeited to the Owner should I/We fail to commence

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

Deposit' as provided for in the aforesaid documents.

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

conditions in the aforesaid documents.

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

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

conditions of contract.

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

from the last date of opening of Technical Bid

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

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

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

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

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

Date: Bidder‘s Stamp and Signature

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

physical documents as specified in NIT without fail.

PART 2. INSTRUCTIONS TO BIDDERS

PART 2. INSTRUCTION TO BIDDERS TABLE OF CLAUSES

A. Bidding Documents

1. Content of Bidding Documents

2. Clarification of Bidding Documents

3. Amendment of Bidding Documents

B. Preparation of Bids

4. Language of Bids

5. Documents Comprising the Bid

8. Currencies of Bid and Payment

9. Bid Validity

10. Bid Security

11. Alternative Proposals by Bidders

12. Pre-Bid Meeting

13. Format and Signing of Bid

C. Submission of Bids

14. Online Primary Bid and Online Price Bid

15. Deadline for Submission of Bids

16. Late Bids of required documents (Physically)

D. Opening and Evaluation of Technical Proposals

17. Opening of Primary Bid and Physically submitted documents for Pre-Qualification

19. Preliminary Examination of Technical Proposals

20. Evaluation and Comparison of Technical Proposals

21. Clarification of Technical Proposals and Contacting the Employer

22. Opening of Commercial Bid (Price Proposals)

E. Opening of Price Proposals

23. Bid Opening of online Price Proposals

25. Clarification of Price Proposals and Contacting the Employer

26. Preliminary Examination of Bids and Determination of Responsiveness

27. Conversion to Single Currency

28. Evaluation and Comparison of Price Proposals

29. Domestic Preference

F. Award of Contract

31. Employer's Right to Accept any Bid and to Reject any or all Bids

32. Notification of Award

33. Signing of Contract

34. Performance Security

35. Corrupt or Fraudulent Practices

• BIDDING DOCUMENTS

1. CONTENT OF BIDDING DOCUMENTS:

1.0 The details of works, bidding procedure, contract terms and technical requirements are prescribed

in the bidding documents. The Bid documents include the following volumes, together with any

Amendments/Addenda/Corrigenda there to which may be issued in accordance with Clause-10.

CONTENTS OF THE BID DOCUMENTS

Volume Section Part Description

Volume I INVITATION FOR BIDS, INSTRUCTIONS TO BIDDERS AND CONDITIONS OF CONTRACT

1 Invitation to Bid

2 Instructions to Bidders

II 1 Conditions of Contract

2 Conditions of Particular Application

3 Conditions of Contract for Operation and Maintenance

Volume II EMPLOYERS’ REQUIREMENTS TECHNICAL SPECIFICATIONS

Volume III PRICE BID

1.1 The Bidder is expected to examine carefully the contents of the bidding documents. Failure to

comply with the requirements of bid submission will be at Bidder's own risk. Pursuant to Clause-

1.0, bids, which are not substantially responsive to the requirements of the bidding documents,

will be rejected.

2. CLARIFICATION OF BIDDING DOCUMENT:

For Pre-bid Queries, kindly refer to Clause 12.00 - Pre-Bid Queries on Page No. 24-25.

3. AMENDMENTS OF BIDDING DOCUMENTS:

3.0 At any time prior to the deadline for submission of bids, the Employer may, for any reason,

whether at its own initiative or in response to a clarification requested by a prospective bidder

modify the bidding documents by issuing addenda.

3.1 Any amendment thus issued shall be part of the bidding documents pursuant to Sub-Clause-1.0,

and shall be communicated in writing or by E mail to all purchasers of the bidding documents.

Prospective Bidders shall acknowledge receipt of each addendum by E mail to the Employer.

3.2 To afford prospective Bidders reasonable time in which to take an addendum into account in

preparing their bids, the Employer may extend the deadline for submission of bids, in accordance

with Clause-22.

• PREPARATION OF BIDS

4. LANGUAGE OF BID:

The bid, and all correspondence and documents, related to the bid, exchanged between the

Bidder and the Employer shall be written in the English language. Supporting documents and

printed literature furnished by the Bidder may be in another language provided they are

accompanied by an accurate translation of the relevant passages in the English language, in

which case, for purposes of interpretation of the bid the English translation shall prevail.

5. DOCUMENTS COMPRISING THE BID:

5.0 In Technical Proposal, the required documents submitted physically by the Bidder for pre-

qualification, shall contain following.

5.0.1 Bid Form for Technical Proposal and Appendix to Technical Proposal

5.0.2 Power of Attorney

5.0.3 Information on Qualification

5.0.4 Confirmation of Eligibility

5.0.5 Schedule of Major items of Equipment

5.0.6 Schedule of Major items of Constructional plant

5.0.7 Schedule of Sub contractors

5.0.8 Schedule of Recommended spare parts

5.0.9 Schedule of compliance with the bidding documents

5.0.10 Any other material required to be completed and submitted by Bidders in accordance with

these instructions to Bidders

5.0.11 DD towards Tender Fee

5.0.12 DD/BG towards Earnest Money Deposit (Nationalized Bank/Scheduled Bank) with minimum

validity period shall be 180 days plus one month after the last date of submission

5.0.13 And all other information applicable and asked for in the bid forms and schedules furnished

in the bidding document I, II and III

5.0.14 e-Tender declaration form furnished in this Volume duly filled, signed and stamped by the

Bidder and duly notarized.

5.1 The online price proposal details to be submitted as per following;

SCHEDULE - A - Grand Summary

SCHEDULE - B1 - Break-up for Civil, Mechanical, Electrical & Instrumentation Works

including Design / Engineering, Testing & Commissioning of entire

Scheme (EPC Basis)

SCHEDULE - C - Operation and Maintenance Cost Schedule

SCHEDULE - D - Break-Up of Payment Schedule

6.0 The Bidder shall complete the bid forms and schedules furnished in the bid documents in the

manner and details indicated therein, following the requirements of Clauses 14 and

7.0 Unless specified otherwise in Employer's requirements, Bidders shall quote for the entire

facilities on a "single responsibility" basis such that the total bid price covers all the Contractor's

obligations mentioned in or to be reasonably ifnferred from the bidding documents in respect

of the design, manufacture, including procurement and subcontracting (if any), delivery,

construction, installation and completion of the facilities. This includes all requirements under

the Contractor's responsibilities for testing, pre-commissioning and commissioning of the

facilities and where so required by the bid documents, the acquisition of all permits, approvals

and licenses etc. operation, maintenance and training services and such other items and

services as may be specified in the bid documents, all in accordance with the requirements of

the Conditions of Contract.

7.1 Bidders shall give a breakdown of the prices, in the manner and details called for in the schedules

7.2 In the Schedules, Bidders shall give the required details and a breakdown of their prices, including

all taxes, duties, levies and charges payable in the Employer's country.

8. BID CURRENCIES:

8.0 Prices shall be quoted in in Indian currency i.e. Indian Rupees only.

9. BID VALIDITY:

9.0 Bids shall remain valid for a period of 180 days after the date of opening of Price proposals (Online

9.1 In exceptional circumstances, prior to expiry of the original bid validity period, the Employer may

request that the Bidders extend the period of validity for a specified additional period. The request

and the responses thereto shall be made in writing or by signed consent by e mail. A Bidder may

refuse the request without forfeiting its Bid security. A Bidder agreeing to the request will not be

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

security for the period of the extension, and in compliance with Clause 17 in all respects.

10. BID SECURITY:

10.0 The Bidder shall furnish, as part of its bid with the Technical proposal, a bid security in the amount

of Rs. 19,11,206/- (Rupees Nineteen Lakh Eleven Thousand Two Hundred Six only)

10.1 The bid security shall be in the form of Demand Draft/Fixed Deposit Receipt from any Nationalized

Bank or Scheduled (Except co-operative) Bank in India, and it shall be in favour of "Morbi

Municipal Corporation", Morbi. The bid security shall remain valid for 180 days plus one month

beyond the original validity period for the bid, and beyond any period of extension subsequently

requested under Sub-Clause.

10.2 Any bid not accompanied by an acceptable bid security shall be rejected by the Employer as non-

10.3 The bid securities of unsuccessful bidders will be returned as promptly as possible, after the

expiration of the period of bid validity.

10.4 The bid security of the successful Bidder will be returned when the Bidder has signed the Contract

Agreement and furnished the required performance security.

10.5 The bid security may be forfeited

(a) If the Bidder withdraws its bid, except as provided in Sub-Clauses

(b) In the case of a successful Bidder, if it fails within the specified time limit to

(i) Sign the Contract Agreement or

(ii) Furnish the required Performance Security

11. ALTERNATIVE PROPOSALS BY BIDDERS:

11.0 MMC will not accept any alternative proposal.

12. PRE-BID QUERIES: (

12.0 The Bidder shall submit pre-bid queries by post or in person to CITY ENGINEER, MORBI

MUNICIPAL CORPORATION, 15, VASANT PLOT, MAIN ROAD, SARDAR NAGAR, MORBI-363641,

GUJARAT within the date and time as specified under.

12.2 Regarding clarification to bid document, refer clause 9.1.

12.3 (DELETED).

13. FORMAT AND SIGNING OF BID:

13.0 The Bidder shall prepare one original hard copy of the technical proposal, clearly marking

"Physical submission of TECHNICAL PROPOSAL" duly super scribed with name of work.

13.1 The copy of Technical bid (i.e. Physical submission) shall be typed or written in indelible ink (in the

case of copies, photostat are also acceptable and shall be signed by a person or persons duly

authorized to sign on behalf of the Bidder, pursuant to Sub-Clauses 5.1 (a), as the case may be.

13.2 The bidder shall furnish e-Tender declaration form furnished in this volume duly filled, signed and

stamped by the Bidder and duly notarized. The bid shall contain no alterations, omissions or

additions except those to comply with instructions issued by the Employer, or as necessary to

correct errors made by the Bidder, in which case such corrections shall be initialled by the

person or persons signing the bid.

13.3 Bidders shall note that prices shall be quoted online only and no reference of the same shall be

made in hard copy submission failing which the bid shall be rejected outright.

• SUBMISSION OF BIDS

14 ONLINE PRIMARY BID AND ONLINE PRICE BID:

14.1 The Bidder shall have to provide tender fee and EMD details online in Primary Stage whereas

the rates are to be quoted online only in the given online Commercial Stage. Rate quoted in any

other format will not be accepted.

14.2 The Bidder shall during the physical submission of documents, have to submit Demand Draft for

Tender fee and DD for EMD along with all necessary documents required for pre-qualification

and as asked in the tender/bid documents.

The physical submission of required documents is to be submitted at the below given address

within the stipulated date and time mentioned in Tender Notice. The submission of required

documents can be submitted by Speed Post or RPAD only before stipulated date and time.

MORBI MUNICIPAL CORPORATION

15, VASANT PLOT, MAIN ROAD,

MORBI-363641, GUJARAT

It shall bear the following identifications.

• Bid for e - Tender No. MMC/WW/CZ/23-24/HW-01A

• Name of work: Design, Engineering, Procuring, Constructing and Commissioning (EPC) for

RCC Intake well of 150 MLD capacity at Machhu-2 Dam site, Approach bridge, Pump house

and Ancillary civil works with Electro-Mechanical-Instrumentation work including

Operation and Maintenance for Two years at Morbi (3rd Attempt)

14.3 In addition to the identification required in Sub-Clause 14.2, the envelope shall indicate the

name and address of the Bidder to enable the physical submission made to be returned,

unopened in case it is declared "late" pursuant to Clause

14.4 If the envelope is not sealed and marked as above, the Employer will assume no responsibility

for the misplacement of physically submitted documents.

15. DEADLINE FOR SUBMISSION OF BIDS:

15.1 The Bidder shall have to provide Tender fee and EMD details online in Primary Stage whereas

the rates are to be quoted online only in the given online Commercial Stage within the

prescribed date and time as mentioned in the Tender Notice.

Physical submission of all required documents must be received by the Employer at the address

specified above not later than the prescribed date and time as mentioned in the Tender Notice.

The submission of required documents can be submitted either by Speed post or by RPAD only.

15.2 The Employer may, at its discretion, extend the deadline for submission of bids by issuing an

addendum in accordance with Clause 10, in which case all rights and obligations of the

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

to the deadline as extended.

16 LATE SUBMISSION OF REQUIRED DOCUMENTS (PHYSICALLY):

16.1 Any physical submission received by the Employer after the deadline for submission prescribed

in Clause 22 will be rejected and returned unopened to the bidder.

• OPENING AND EVALUATION OF TECHNICAL PROPOSAL (PHYSICAL SUBMISSION)

17. OPENING OF PRIMARY BID AND PHYSICALLY SUBMITTED DOCUMENTS FOR PRE-

17.1 The Employer will open the Primary Bid and physically submitted documents for Pre-

qualification at the CITY ENGINEER, MORBI MUNICIPAL CORPORATION. 15, VASANT PLOT,

MAIN ROAD, SARDAR NAGAR,MORBI-363641, GUJARAT.

17.2 After opening of Primary Bid and physically submitted documents for Pre- qualification, the

procedure for the pre-qualification shall be adopted and the Commercial Bid of only successful

qualified bidder shall be opened for final evaluation of the contract. The decision of Municipal

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

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. Any effort by a Bidder to influence the

Employer's processing of bids or award decisions may result in the rejection of the Bidder's bid.

19. PRELIMINARY EXAMINATION OF TECHNICAL PROPOSAL:

The Employer will examine the bids to determine whether they are complete, whether the

documents have been properly signed, whether-the required security is included and whether

the bids are generally in order. Any bids found to be non-responsive for any reason or not

meeting the minimum levels of the performance or other criteria specified in the bidding

documents will be rejected by the Employer and not included for further consideration.

20. EVALUATION AND COMPARISION OF TECHNICAL PROPOSAL:

The Employer will carry out a detailed evaluation of the bids in order to determine whether the

technical aspects are substantially responsive to the requirements set forth in the bid

documents. In order to reach such a determination, the Employer will examine the information

supplied by the Bidders and other requirements in the bidding documents, taking into account

the factors mentioned in clause 5.3, on a pass or fail basis:

21. CLARIFICATION OF TECHNICAL PROPOSALS AND CONTACTING THE EMPLOYER:

21.1 The Employer may conduct clarification meetings with each or any Bidder to discuss any matters,

technical or otherwise, 'where the Employer requires amendments or changes to be made to

the Technical Proposal.

21.2 The envelope containing the physical submission of required necessary documents shall be

addressed and bear the name of Contract and Bid Reference Number as specified in Sub-Clause

21.3 Any effort by the Bidder to influence the Employer in the Employer’s evaluation of technical

proposals, bid comparison or the Employer’s decisions on acceptance or rejection of bids may

result in the rejection of the Bidder’s bid.

22. OPENING OF ONLINE COMMERCIAL BID (PRICE PROPOSALS):

At the end of the evaluation of the technical proposals and after receiving the approval from

competent authority, the Employer will open online Commercial Bid (Price Bid) of pre- qualified

In evaluation of technical proposals, the decision of Municipal Commissioner, Morbi Municipal

Corporation shall be final and binding to all the Bidders. Morbi Municipal Corporation will not

entertain any dispute in this regard.

• OPENING AND EVALUATION OF PRICE PROPOSALS

23. OPENING OF ONLINE PRICE PROPOSALS (COMMERCIAL BIDS):

The Employer will open the ONLINE price proposals of prequalified Bidders who submitted

substantially responsive technical proposals.

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

recommendation 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 a Bidder to influence the Employer, processing of bids or award

decisions may result in the rejection of the Bidder's bid at any stage of bidding process.

25. CLARIFICATION OF PRICE PROPOSALS AND CONTACTING THE EMPLOYER:

25.1 To assist in the examination, evaluation and comparison of price proposals, the Employer may, at

its discretion, ask any Bidder for clarification of its bid. The request for clarification and the

response shall be in writing or by e mail, but no change in the price or substance 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 32.1, no Bidder shall contact the Employer on any matter relating to its

bid from the time of opening of price proposals to the time the contract is awarded. If the

Bidder wishes to bring additional information to the notice of the Employer, it should do so in

25.3 Any effort by the Bidder to influence the Employer in the Employer’s evaluation of price

proposals, bid comparison or contract award decisions may result in the rejection of the

26. PRELIMINARY EXAMINATION OF PRICE PROPOSALS AND DETERMINATION OF

RESPONSIVENESS:

26.1 The Employer will examine the bids to determine whether they are complete, whether the

documents have been properly signed, whether the required security is included, whether the

bids are substantially responsive to the requirements of the bidding documents; and whether

the bids provide any clarification and/or substantiation that the Employer may require pursuant

26.2 A substantially responsive bid is one which conforms to all the terms, conditions and

requirements of the bidding documents, without material deviation or reservation and

includes the amendments and changes, if any, requested by the Employer during the evaluation

of the Bidder's technical proposal.

26.3 If a price proposal is not substantially responsive, it will be rejected by the Employer, and may

not subsequently be made responsive by correction or withdrawal of the nonconforming

deviation or reservation.

27. CONVERSION TO SINGLE CURRENCY: NOT APPLICABLE

28. EVALUATION AND COMPARISION OF PRICE PROPOSAL:

28.1 The Employer will evaluate and compare only the bids determined to be substantially responsive

in accordance with Clause

28.2 Evaluation will be done on the total bid price inclusive of all taxes and duties.

28.3 The Employer's evaluation of a bid will take into account, in addition to the bid prices indicated

in the Schedule of Prices, the following costs and factors that will be added to each Bidder's bid

price in the evaluation using pricing information available to the Employer, in the manner and

to the' extent indicated in Sub-Clause 35.4 and in the Employer's requirements.

• Compliance with the time schedule called for in the Appendix to Price

Proposal and evidenced as needed in a milestone schedule provided in

• The functional guarantees of the facilities offered against the specified

performance criteria of the plant and equipment and

• The extra cost of work, services, facilities etc. required to be provided by

the Employer or third parties.

28.4 Pursuant to Sub-Clause 35.3, the following evaluation methods will be followed.

• Time Schedule: The plant and equipment covered by this bidding are

required to be shipped, installed and the facilities completed within the

period specified in Sub-Clause

1.2 and the Appendix to Technical Proposal. Bidders submitting bids that deviate from

the time schedule specified will be rejected.

• Final Bid Evaluation to decide the lowest bid will be carried out by the

Employer based on loading of the 15 years life Cycle Cost of Guaranteed

Power declared by the Bidder in the Technical Bid Schedule of Power

Guarantee statement. Final bid evaluation methodology with loading of

the life cycle cost of power is given as below table. Bidder shall not have

to fill the data/amounts in technical bid. This table is for the evaluation

only to decide the lowest bid. Contract will be awarded to lowest bid

evaluated after considering the prices as per A-I + A-II as per Price

Schedule A of Grand Summary and loading the energy cost as per C in

Table for final bid evaluation only.

A Construction Phase

Design, Engineering, Procuring, Constructing and Commissioning

(EPC) for RCC Intake well of 150 MLD capacity at Machhu-2 Dam

site, Approach bridge, Pump house and Ancillary civil works with

Electro-Mechanical-Instrumentation work including Operation

and Maintenance for Two years at Morbi (Total A-I) As Per Price

Schedule A of Grand Summary (3rd Attempt)

B Comprehensive Operation and Maintenance Phase

Operation and Comprehensive Maintenance of the entire

Scheme for Two (02) years, after commissioning.

TOTAL BID VALUE FOR PRICE EVALUATION….. A+B

• Functional Guarantee of the facilities:

• Work, services, facilities etc. to be provided by the Employer:

Where bids include for the undertaking of work or the provision of services or facilities

by the Employer in excess of the provisions allowed for in the bidding documents, the

Employer shall assess the costs of such additional work, services and/or facilities during

the duration of the contract. Such costs shall be added to the bid price for evaluation

28.5 (a) any adjustments in price that result from the above procedures shall be added, for

purposes of comparative evaluation only, to arrive at an "Evaluated Bid Price." Bid

prices quoted by Bidders shall remain unaltered.

(b) The Employer reserves the right to accept or reject any variation or deviation.

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

bidding documents or otherwise result in the accrual of unsolicited benefits to the

Employer shall not be taken into account in bid evaluation.

(c) The estimated effect of the price adjustment provisions of the Conditions of Particular

Application, applied over the period of execution of the Contract, shall not be taken into

account in bid evaluation.

(d) If the bid of the technically qualified Bidder is substantially below the Employer's

estimate for the contract, the Employer may require the Bidder to produce detailed

price analysis to demonstrate the internal consistency of those prices. After evaluation

of the price analysis, the Employer may require that the amount of the performance

security set forth in Clause 41 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. However, if Employer feels that with

substantially lower quotation, the desired quality of work is not possible, than it is at

the discretion and right of Employer to reject or to consider such price offer, under such

circumstances, the second lowest bidder shall be called for negotiation.

29. DOMESTIC PREFERENCE: NOT APPLICABLE

• AWARD OF CONTRACT

Subject to Clause 38, the Employer will award the Contract to the Bidder whose bid has been

determined to be substantially responsive to the bidding documents and who has offered the

Lowest Evaluated Bid Price, provided that such Bidder has been determined to be (i) eligible in

accordance with the provisions of Clause 3 and (ii) qualified in accordance with the provisions of

31. EMPLOYER’S RIGHT TO ACCEPT ANY BID OR TO REJECT ANY OR ALL BIDS:

Notwithstanding Clause 40, the Employer reserves the right to accept or reject any bid, and to

annul the bidding process and reject all bids, at any time prior to award of Contract, without

thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the

affected Bidder or Bidders of the grounds for the Employer's action.

32. NOTIFICATION OF AWARD:

32.1 Prior to expiration of the period of bid validity prescribed by the Employer, the Employer will

notify the successful Bidder by fax, confirmed by registered letter, that his/their bid has been

accepted. This letter (hereinafter and in the Conditions of Contract called the “Letter of Intent")

shall name the sum which 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 Conditions of Contract called “the Contract Price”).

32.2 The notification of award will constitute the formation of the Contract.

32.3 Upon the furnishing by the successful Bidder of a performance security, the Employer will

promptly notify the other Bidders that their bids have been unsuccessful and issue “Notice to

proceed to successful Bidder.”

33. SIGNING OF CONTRACT AGREEMENT:

33.1 After completion of above procedure, Employer will send the Bidder the letter of acceptance

and inform to enter into Contract Agreement with Morbi Municipal Corporation, incorporating

all agreements between the parties. The successful Bidder shall have to enter into an

agreement on a non- judicial stamp paper of Rs.300/- as per the form of the agreement

approved by the Corporation. The cost of stamp paper and adhesive stamp shall be borne by

the contractor.

The successful Bidder shall have to enter into an agreement on a Non-Judicial stamp paper of

amount as per Stamp Duty Act in the form of the agreement approved by the Corporation. The

cost of stamp paper and adhesive stamp shall be borne by the Bidder/Contractor. The same

shall be paid as per circular of Superintendent of Stamps, Gandhinagar. At present, the rate of

stamp duty is 4.90% of amount of FDR of security deposit but it shall be levied actual as

applicable from time to time.

33.2 Within 10 (Ten) days of receipt of the letter of acceptance, the successful Bidder shall sign the

Contract Agreement and return it to the Employer.

34. PERFORMANCE SECURITY:

34.1 Within 10 (Ten) days of receipt of the notification of award/letter of acceptance from the

Employer, the successful bidder shall furnish to the Employer a performance security in an

amount of 10 (TEN) percent of the Contract Price in accordance with the Clause 4.2 of Particular

Conditions of Contract. The form of performance security provided in Volume III of the bidding

documents shall be used.

34.2 Failure of the successful bidder to comply with the requirements of Clauses 40 or 41.1 shall

constitute sufficient grounds for the annulment of the award and forfeiture of the bid security.

35. CORRUPT OR FRAUDULENT PRACTICES:

35.1 The MMC requires that Bidders/Contractors observe the highest standard of ethics during the

procurement and execution of such contracts. In pursuance of this policy.

• Defines for the purposes of this provision, the terms set forth below as follows:

• ”corrupt practices” means behaviour on the part of

officials in the public or private sectors by which they

improperly and unlawfully enrich themselves and/or those

close to them, or induce others to do so, by misusing the

position in which they are placed, and it includes the offering,

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

the action of any such official in the procurement process or in

contract execution and

• “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.

• Will reject a proposal for award if it determines that the Bidder

recommended for award has engaged in corrupt or fraudulent practices

in competing for the contract in question,

• Will declare a Firm ineligible, either indefinitely or for a stated period of

time, to be awarded If at any time determines that the firm has

engaged in corrupt and fraudulent practices in competing for, or in

executing the contract.

35.2 Furthermore, Bidders shall be aware of the provision stated Sub-Clause 15.6 of the Conditions

of Particular Application, Vol. 1 Section II - Part

EACH MEMBER OF THE CONSORTIUM SHOULD GIVE ALL THE DETAILS FOR EACH OF THE

FOLLOWING APPENDICES.

Sr. No. Name of the Role of the Member Equity Stake in

Consortium Member Project

Signature and Stamp of Bidder

Financial Resources in ongoing projects

Sr. No. Description of ongoing Total cost of Members Funds required to be

projects work/contract Contribution (%) contributed

Signature and Stamp of Bidder

FINANCIAL INFORMATION

1. Annual Turnover for Last Seven Financial Years

2. Working Capital

Working Capital

The Bidder shall have to submit Registered Chartered Accountant certified statement showing

details of audited turn-over of last seven financial years.

The Bidder shall also have to submit the certificate regarding Working Capital from the

Registered Charted Accountant.

Signature and Stamp of Bidder

EXPERIENCE OF EPC/TURNKEY PROJECT EXECUTION OF INTAKE WELL WITH APPROACH BRIDGE OF SIMILAR NATURE COMPLETED AS A MAIN

CONTRACTOR DURING LAST 7 (SEVEN) YEARS OF ESTIMATED COST (i.e. 60%, 40% and 30% of ESTIMATED COST) OR MORE AS PER TENDER NOTICE.

“Similar Nature Works” means experience of Construction of Intake Well with approach bridge in perennial river / reservoir, or construction of

bridge on pile foundation / well foundation and RCC / Steel superstructure in perennial river / Reservoir OR Construction of radial collector well

with approach bridge in River /Reservoir

Sr. Name of Capacity Name of Cost of Brief Details Date of Date of Delay in Whether

No. the in MLD with the of Work Work Months Project

Project address Project components Awarded Completed from the Under

and (Rs.in lakh) (with type Scheduled

and nature of Date of Litigation

contact the process Completion (Yes/No) and

A certificate from client for satisfactory completion of the work and successful performance of the system shall be attached.

Signature and Stamp of Bidder

EXPERIENCE IN OPERATION AND MAINTENANCE OF INTAKE WELL, APPROACH BRIDGE INCLUDING ELECTRO-MECHANICAL WORK OF SIMILAR

NATURE FOR AT LEAST ONE YEAR AS A MAIN AGENCY IN LAST 7 YEARS AS PER TENDER NOTICE.

Sr. Name of the Project Name of client Period of O and General duties Operation Year of

No. and Capacity of plant with address and M and functions of Cost (Rs.in Completion

in MLD contact number operator Lakh)

A certificate from client for satisfactory completion of the work and successful performance of the system shall be attached.

Signature and Stamp of Bidder

Experience of successful completion of PLC/SDCADA Works of Minimum one work in successful operation for at least 1 year out of the “Work of

Similar Nature” completed by Bidder in last Seven (7) Years

Sr. No. Name of the Capacity in Name of Cost of the Brief Details Date of Date of Delay in Whether

Project MLD Client with Project of Work Work Months Project

address and (Rs. in lakh) components Awarded Completed from the Under

contact with Scheduled Litigation

number PLC/SCADA date of (Yes/No)

Completion and reasons

A certificate from client for satisfactory completion of the work and successful performance of the system shall be attached.

Signature and Stamp of Bidder

INFORMATION ON BID CAPACITY

WORK FOR WHICH BIDS HAVE BEEN SUBMITTED AND WORKS WHICH ARE YET TO BE COMPLETED AS ON THE DATE OF THIS BID

(EXISTING COMMITMENTS AND ON-GOING WORKS)

Description of Place and Contract No. Name and Address Value of Stipulated Value of Anticipated

Work state and of Contract Rs. in Date of work date of

Date the Lakh completion remaining completion

Note: Enclose Certificate(s) from Employer or Employer's authorised representative not below the rank of Executive Engineer or equivalent in

attested hard copy.

Signature and Stamp of Bidder

Key Technical personnel and Project Manager Competence and Qualification

(Experience in Year)

Team Name of person Qualification Years (In

Project Manager

Mechanical Engineer

Electrical Engineer

Instrumentation Engineer

Procurement Engineer

Note: Please give required details in curriculum vitae (Appendix O1) for each team member.

Signature and Stamp of Bidder

Key Technical Personnel and Project Manager Competence and qualification

CURRICULUM VITAE

3. Qualifications

4. Experience in Project Related field

5. Other experience

6. Employment Record

Sr. No. Period Organization Status

The Bidder/Contractor’s project team should consist of persons in the following disciplines.

Treatment Process:

Civil Engineering,

Mechanical Engineering,

Electrical Engineering,

Project Management:

Instrumentation Engineer

Signature and Stamp of Bidder

NAME, EXPERIENCE AND DETAILS OF CAPACITY OF SUBCONTRACTOR

Name of Details of Experience Registration Average

Sub- the in or Rating if Annual

Contractor works to be Years for the any Turnover

given if work to be of Last

Bidders will given Three

Note: Please give required details in Information of sub contractor APPENDIX-H1

Signature and Stamp of Bidder

Information of sub-contractors

2. Registration class if any

4. Experience in Project Related field

5. Other experience

6. Nos. of Employee in organization:

Sr. Work Carried Value of work Name of Client Contact No of

No. out by the sub Rs. In Lakh client

Signature and Stamp of Bidder

DETAILS OF PLANT & EQUIPMENT OWNED BY THE CONTRACTOR

Name of Plants / Make of Plants Details of the Cost of Plants/ Location

Equipment /Equipment RTO Equipment where the

Registration Plants/

Signature and Stamp of Bidder

Bidder’s Available Credit in Bank

Name of the Bank:

(With address, phone and Fax Nos. e mail ID)

Sr. Year Working Capital limit (Rs. In Lakh) Interest

Sanctioned Drawn. by Bank

Details of fund base as well as non-fund based credit available with bank should be furnished

Note: The latest credit facilities available from banks with certified copies to be submitted.

Signature and Stamp of Bidder

Available Bid Capacity

(TO BE SUBMITTED WITH FOLLOWING CALCULATION)

1. Available Bid Capacity-ABC will be found out by following method.

ABC is calculated as ABC=2*A*N-B

A=Maximum value of works executed in any one year during the last Seven years (updated to

present price level by applying enhancement factor) taking into account the completed as well

as works in progress.

N=Number of years prescribed for completion of the works for which tenders are invited.

B=Value (present price level by applying enhancement factor) of existing commitments and on-

going works to be completed during that next N year (period of completion of the works for

which the tenders are invited.)

Signature and Stamp of Bidder

Application Form (1)

General Information

All individual firms and each partner of a consortium applying for qualification are requested to

complete the information in this form. Nationality information to be provided for all owners or

applicants who are partnerships or individually-owned firms.

Where the Applicant proposes to use named subcontractors for critical components of the works,

or for work contents in excess of 10 percent of the value of the whole works the following

information should also be supplied for the specialist subcontractor(s).

1. Name of Firm

2. Head office address

3. Telephone Contact

5. Place of incorporation/registration Year of incorporation/registration

Nationality of Owners

Name Nationality

Note: MMC Standard Vendor form to be filled up by the Bidder and submitted with Tender Docs.

Signature and Stamp of Bidder

Name of Bidders’ Officers/Persons to be contacted

Name Address Phone Nos. Fax

Signature and Stamp of Bidder

Application Form (1A)

Structure and Organization

The applicant is

a proprietary firm

a firm in partnership

a Limited Company or Corporation

a group of firms/consortium (if Yes, give completion

information in respect of each partner)

Attach the Organization Chart showing the structure of

the organization including the names of the Directors

and position of officers

Number of years of experience

1. A s Prime Contractor (contractor shouldering major

responsibility in own country.

2. other countries (specify country)

in a consortium:

1. in own country

2. other countries (Specify country)

as a sub-contractor (specify main contractor)

1. in own country

2. other countries (Specify country)

Name and address of any associates the applicant has in

India (in case the applicant happens to be from foreign

country) who are knowledgeable in the procedures of

customs, immigration, taxes and other information

necessary to do the work.

For how many years has your organization been in

business of similar work under its present name? What

were your fields when your organization was

established? Whether any new fields were added in your

organization? And if so, when?

Were you ever required to suspend construction for a

period of more than six months continuously after you

started? If so, give the name of project and give reasons

Have you ever left the work awarded to you incomplete?

If so, give name of project and reasons for not

completing work.

In which fields of civil engineering construction do you

claim specialization and interest?

Give details of your experience in mechanized cement

concrete and in modern concrete technology for

manufacture and quality control.

Give details of your experience in using heavy earth

moving equipment and quality control in compaction of

Details of experience in Design, build, operate and

maintain Intake well , approach bridge including Electro-

mechanical work along-with capacity, technology used.

Signature and Stamp of Bidder

GENERAL CONDITIONS OF CONTRACT

SECTION II PART –

General Conditions of Contract

FIDIC Conditions of Contract for EPC/Turnkey

(a) The Conditions of Contract Part I: General Conditions, shall be those forming Part of the

“Conditions of Contract for EPC/Turnkey Projects, “first edition 1999, (ISBN2-88432-021-0)

prepared by the Federation International des Ingenieurs - Conseils (FIDIC). These Conditions

are subject to the variations and additions set out in Part 2 hereof-entitled “Conditions of

Particular Application”.

(b) Copies of the FIDIC Contract can also be obtained from: FIDIC Secretariat

Facsimile: 41 21 653

Telephone: 41 21 653

(c) The General Conditions of Contract are set out Part -II of this document. However, in case of

any ambiguity or dispute in interpreting the conditions set out herein the document published

by FIDIC titled as “Conditions of Contract for EPC/Turnkey projects” First Edition 1999 as

mentioned in (a) above shall be referred to and relied upon.

FIDIC CONDITIONS OF THE CONTRACT

For Design-Build And Turn-Key

CONDITIONS OF PARTICULAR

CONDITIONS OF PARTICULAR APPLICATION

The following amendments and additions shall be made to the Part I - General Conditions of Contract

for EPC/Turnkey Projects issued by the Federation International des Ingenieurs - Conseils, First edition:

Clause 1 General Provisions

Insert the following additional definitions:

Sub Clause 1.1.1.6

The word “Tender” is synonymous with “Bid” and their derivatives (bidder/tenderer, bid/tender,

bidding/tendering etc.) as well as the words “Tender Documents” with “Bid or Bidding Documents” are

Sub Clause 1.1.2 Parties and Persons

Add Sub Clause 1.1.2.11, 1.1.2.12 and 1.1.2.13 as under

Sub Clause 1.1.2.11

“Consultant” means Engineering Consultant appointed by the Employer’s representative for the

specific purpose from time to time to aid and assist him.

Sub Clause 1.1.2.12

“Inspection Agency” means a person or a firm appointed by the Employer’s representative for the

inspection of the material, equipment and Works to ensure the quality of the Work.

Sub Clause 1.1.2.13

“Employer” means Morbi Municipal Corporation referred to as MMC.

Sub Clause 1.4:

Replace the text of sub-clause 1.4 and add the following: The law of the Contract is the law of India.

Sub Clause 1.5: Priority of Documents

Delete the document listed (a) to (e) and substitute

a) The Contract Agreement,

b) The Letter of Acceptance,

c) The Employer’s Requirements,

e) The Conditions of Contract - Part II – Section-3; f) The Conditions of Contract - Part I - Section-2; g)

The Specifications,

h) The Bid Drawings,

i) The Schedules and

j) The Contractor’s Proposal

k) Standing Committee Resolution

“The Contractor shall treat the details of the Contract as private and confidential, except to the extent

necessary to carry out his obligations under it. The Contractor shall not publish, permit to be published,

or disclose any particulars of the Contract in any trade or technical paper or elsewhere without the

previous consent in writing of the Employer and at the Employer’s sole discretion.”

Clause 3: The Employer’s Representative

Add following at the end of the Sub-Clause 3.1 - Employer’s representative,

The Employer’s representative shall obtain the specific approval of the Employer before taking action

under the following Sub-Clauses of the Conditions of Contract Part I.

(a) Sub-Clause 3.5: Determinations

(b) Sub-Clause 4.4: Subcontractors

(c) Sub-Clause 8.4: Extension of Time

(d) Sub-Clause 8.8: Suspension of Work

(e) Sub-Clause 8.9: Consequences of Suspension

(f) Sub-Clause 8.11: Prolonged Suspension

(g) Sub-Clause 10.1: Taking over of the works and Sections

(h) Sub-Clause 11.9: Performance Certificate

(i) Sub-Clause 12.4 (b): Failure to pass test after completion

(j) Sub-Clause 13.1: Right to Vary

(k) Sub-Clause 13.3: Variation Procedure

(l) Sub-Clause 13.7: Adjustments for changes in legislation

(m) Sub-Clause 15.2: Termination by the Employer

(n) Sub-Clause 19.4: Consequences of Force Majeure

(o) Clause 20: Claims, Disputes and Arbitration

Add Sub-clause 3.6 - Management Meetings

“Either the Employer’s representative or the Contractor’s representative may require the other to

attend a management meeting. The business of each management meeting shall be to review the

anticipated arrangement for future work and to resolve any matters raised in accordance with this Sub-

Clause. The Employer’s representative shall record the business of management meetings and provide

copies of this record to those attending the meeting and to the Employer. The responsibility of the

parties for any actions to be taken shall be included in such record and shall, if not agreed in

accordance with the Contract, be decided by the Employer’s representative.

The Contractor’s representative shall notify the Employer’s representative at the earliest opportunity

of specific likely future events or circumstances, which may adversely affect the work, increase the

Contract Price or delay the execution of the Works. The Employer’s representative may require the

Contractor to submit an estimate of the anticipated effect of the future event or circumstances, and/or

a proposal under Sub-Clause 14.3. The Contractor shall submit such estimate and/or proposal as soon

as practicable. The Contractor’s representative shall co-operate with the Employer’s representative in

making and considering proposals to mitigate the effect of any such event or circumstances, and in

carrying out instructions of the Employer’s representative.

Clause 4 - The Contractor

Sub-clause 4.1: Add the following sentence to proceed the existing text under Sub clause 4.1:

The Contractor is required to check the design criteria and calculations (if any) included in Employer’s

requirements, to confirm their correctness, in its bid and to assume full responsibility for them.

Sub-Clause 4.2 - Performance Security

Replace the text of Sub-Clause 4.2 except last two paras with the following:

The successful bidder shall have to pay performance security deposit, equivalent to 10% of the

construction contract value, out of which 5% of value of work to be paid at the time of agreement in

the form of Fixed Deposit Receipt/unequivocal bank guarantee issued by any nationalized bank or

scheduled bank (except co-operative bank) in India valid for at least 3 months beyond defect liability

period of 5 years and remaining 5% will be deducted from running bill as retention money. However

the retention money shall be refunded along-with the final bill whereas the 5% amount of performance

guarantee shall be refunded after completion of defect liability period of 5 years. Cross verification of

Fixed Deposit Receipt/unequivocal bank guarantee shall be done by MMC and bidder shall have to

support in this regard.

Without limitation to the provisions of the preceding paragraph, whenever the Employer’s

representative determines an addition to the Contract price as a result of a change in cost and/or

legislation or as a result of variation amounting to more than 25 percent of the portion of the Contract

Price payable in a specific currency, the Contractor, at the Employer’s representative’s written request,

shall promptly increase the value of the performance security in that currency by an equal percentage.

The performance security for construction shall be valid until 28 days from the date of issue of the

taking-over-certificate. Prior to making any claim under the performance security, the Employer shall,

in every case, notify the Contractor stating the nature of the default for which the claim is to be made.

Sub-Clause 4.4 - Subcontractors

At the end of sub-paragraph 4.4 (a), add:

“However, such consent shall not be required for minor work where the value of the subcontract is less

than 0.01% of the Contract price;”

Add Sub-clause (d) as under:

The Contractor shall not be permitted to sub-contract more than 40% of the contracted work awarded

to him prior to Mutual approval of MMC.

Sub-Clause 4.10 Site Data:

Add the sentence after second para as follows:

The Contractor shall be responsible for interpreting all data including data listed elsewhere in the

contract as open for Inspection at project site as well as Head office.

Sub-Clause 4.12 Unforeseeable Difficulties

Add to the sub clause:

(d) Preliminary Geotechnical Investigation data/survey data generated by the Employer is available for

the guidance of the bidder. However, the Employer does not take any responsibility of its correctness.

The bidder shall carry out independent additional investigations and surveys to collect the data

required to design and construction of above/below ground (sub-soil) structures/facilities as per the

Contract conditions. The bidder shall make provision in his bid for any unforeseen sub-soil condition

encountered at the time of execution of the Works and shall indemnify the Employer for the losses

incurred by the Bidder/Contractor on this account.

Sub-Clause 4.17 - Contractor’s Equipment

At the end of Sub-clause 4.17, add the following paragraphs:

“Contractor’s Equipment which are intended for permanent use as a part of works under the contract

and for temporary use during the construction period, initially owned by the Contractor (either directly

or indirectly) shall be deemed to be the property of the Employer with effect from its time of arrival on

the site. The vesting of such property in the Employer shall not:

(a) Affect the responsibility or liability of the Employer,

(b) Prejudice the right of the Contractor to the sole use of such Contractor’s Equipment for the

purpose of the Works, or affect the Contractor’s responsibility to operate and maintain the

same under the provisions of the Contract.

The property in each of the equipment of temporary use during construction shall be deemed

to rest with the Contractor with effect from the time he is entitled to remove it from the Site,

or when the Employer’s representative issues the Taking-Over Certificate for the Works,

whichever occurs first.

Sub-Clause 4.19 Electricity, Water and Gas

Delete the Sub-Clause and substitute:

The Contractor shall make his own arrangement of electrical power - water - gas and any other services

required by the Contractor for Execution of "Work". The Employer shall make available free of cost to

the Contractor the Power, required for the Operation and Maintenance of the works/facilities.

However, such power shall be supplied only to the maximum extent of the requirement of power

indicated by the Contractor in his bid. Any cost relating to the additional electrical power consumed by

the contractor shall be recovered by the Employer from the Contractor’s monthly bills. If this facilities

are provided by MMC same shall be recovered at prevailing rate of services.

Clause 5 Design

Sub-Clause 5.1: General Design Obligations

1) All pipeline works

2) All Civil works

3) All mechanical works, equipment and installation

4) Electrical works, equipment and installations.

5) All storage facilities

6) All Instrumentation Control works.

Sub-Clause 5.2 Contractor’s Documents

Delete existing Para (a) and substitute

(a) Construction shall not commence until the Contractor receives the Employer’s

representative's approval of the Construction Documents which are relevant to the design and

construction of such part;

Sub-clause 5.4: Add the following sentence to the end of Sub-clause 5.4:-

“In respect of Technical Specifications and standards, any national or international standards which

promise to confer equal or better quality than the standard specified will also be acceptable.

Clause 6 - Staff and Labour

Sub-Clause 6.8 Contractor’s Superintendence

At the end of Sub-clause 6.8 add

“A reasonable proportion of the Contractor’s superintending staff shall have a working knowledge of

Gujarati and/or Hindi language, or the Contractor shall have sufficient competent interpreters available

on Site during all working hours.”

Add the following Sub-Clauses:

Sub-Clause 6.12 - Measures against Insect and Pest Nuisance

“The Contractor shall at all times take the necessary precautions to protect all staff and labour

employed on the Site from insect and pest nuisance, and to reduce the dangers to health and the

general nuisance occasioned by the same. The Contractor shall provide his staff and labour with

suitable prophylactics for the prevention of malaria and take steps to prevent the formation of

stagnant pools of water. The Contractor shall comply with all the regulations of the local health

authorities and shall arrange to spray thoroughly with approved insecticide all buildings erected on the

Site. Such treatment shall be carried out at least once a year or as instructed by such authorities”.

Sub-Clause 6.13 - Epidemics

“In the event of any outbreak of illness of an epidemic nature, the Contractor shall comply with and

carry out such regulations, orders and requirements as may be required by the Government, or the

local medical or sanitary authorities, for the purpose of dealing with and overcoming the same.”

Sub-Clause 6.14 -Burial or Cremation of the Dead

“The Contractor shall make all necessary arrangements for the transport, to any place as required for

burial / cremation of any of his expatriate employees or members of their families who may die in the

Country. The Contractor shall also be responsible, to the extent required by local regulations, for

making any arrangements with regard to burial/cremation of any of his local employees who may die

while engaged upon the Works”.

Sub-Clause 6.15 -Alcoholic Liquor or Drugs

“The Contractor shall not, otherwise than in accordance with the statutes, ordinances and government

regulations or orders for the time being in force, impart, sell, give, barter or otherwise dispose of any

alcoholic liquor or drugs, or permit or suffer any such importation., sale, gift, barter or disposal by his

Subcontractors, agents, staff or labour”.

Sub-Clause 6.16 -Arms and Ammunition

“The Contractor shall not have, barter or otherwise dispose of to any person or persons, any arms or

ammunition of any kind or permit or suffer the same as aforesaid”.

Sub-Clause 6.17 - Festivals and Religious Customs

“The Contractor shall in all dealings with his staff and labour have due regard to all recognized festivals,

days of rest and religious or other customs”.

Sub-Clause 6.18 -Foreign Staff and Labour

“The Contractor may import such staff, artisans, and laborers as are required in order to execute the

Works. The Contractor must ensure that all such staff and laborers are provided with the required

residence visas and work permits. The Contractor shall be responsible at his cost for the return to the

place where they were recruited or to their domicile of all persons whom the Contractor recruited and

employed for the purposes of or in connection with the Contract. The Contractor shall be responsible

for such persons as are to be so returned until they shall have left the Site or, in the case of foreign

nationals who have been recruited outside the country, shall have left it”. PF, ESI, labour license, labour

cess shall be as per prevailing rules.

Sub-clause 7.9 regarding Restriction on Eligibility as follows:

(a) Any materials, equipment, services or design services which will be incorporated in or required

for the contract, as well as the Contractor’s Equipment and other supplies, shall have their

origin in eligible source countries as listed in Section

(b) For the purpose of this clause “services” means the works and all project related services

including design services.

(c) For the purposes of this clause, ”origin” means the place where the materials and

equipment were mined, grown, produced, or manufactured, or from which services are

(d) The Origin of Goods and services is distinct from the Nationality of the Supplier.

The progress of work / project milestones shall be maintained by bidder as under commensurate to the

time period shown below:

Mile Stone No. Duration from the date of issue of Financial Target

WO / LOI as a percentage of total (% of contract value / construction

time limit granted to complete work cost)

IV 100% 100% (including 3 months trial run)

However if the bidder fails to meet any of the milestone(s) stated above both in terms of time and

progress of works (physical/financial), Client shall deduct/retain 0.1% per day of that particular

milestone value till that designated part(s) is completed. In such a case, if the bidder executes and

meets subsequent milestone criteria, then the amount deducted/retained earlier shall be released.

However such retention(s)/release(s) for the slippage of subsequent and other milestone(s) shall be

applicable in similar manner. Also, the amount so retained shall be released without interest or charges

if contractor achieves next milestone/s due as per above table or achieves Milestone IV before

completion of approved time limit.

If the stipulated time limit is extended by the Client for any reason(s), the milestone(s) for completing

the work(s) shall change accordingly and milestone shall be re-defined. If the revised milestone are met

by bidder, then in such a case any amount retained shall be released to the bidder if applicable.

However, if the bidder does not complete the entire work(s) on the stipulated date of completion (i. e.

100% physical progress on 100% completion of time stipulated i.e. including completion of 3 months

trial run), liquidated damages shall be recovered as per below clause 8.7. In such a case amount

retained as per (ii) as deposit shall be converted in to liquidated damages

Add the following after first paragraph.

In case of the delay attributable to the contractor unless the time of completion has been expressly

extended by the employer, the employer shall derive a power and authority under this clause to

recover in terms of money equivalent to 0.1% of the contract value per day of delay, subject to a

maximum of 10% of the total value of contract or as decided by Municipal Commissioner.

Clause 13.1: Right to Vary

13.1.1 The Engineer-in-Charge will make any variation of the form, quality or quantity of the works

relating to project that may, in his opinion, be necessary and for that purpose, or if for any other

reason it shall, in his opinion, be appropriate, he shall have the authority to instruct the contractor to

do and the contractor shall do any of the following:

a) Increase or decrease the quantity of any work included in the Contract.

b) Omit any such work (but not if the omitted work is to be carried out by the Employer or by

another contractor).

c) Change the character or quality or kind of any such work.

d) Change the levels, lines, position and dimensions of any part of the works,

e) Execute additional work of any kind necessary for the completion of the works, or

f) Change any specified sequence or timing of construction of any part of the works.

The payment for such variation will be made on alignment at the rates of prevailing SOR of

MMC/GWS&SB/R&B/CPWD. However if rates not available in such SORs’, Market Rates shall be

derived by Engineer-in-charge and shall be acceptable to Agency.

No such variation shall in any way vitiate or invalidate the contract, provided that where the issue of an

instruction to vary the works is necessitated by some default of or breach of contract by the contractor

or for which he is responsible, any additional cost attributable to such default shall be borne by the

The contractor shall not make any such variation without instruction of the Engineer-in-Charge.

Provided that no instruction shall be required for increase or decrease in the quantity of any work

where such increase or decrease is not the result of an instruction given under this clause, but is the

result of the quantities exceeding or being less than those stated in the Bill of Quantities.

14.1 Contract Price

Payment for all the works shall be made on Lump sum basis. The Price contained in the schedule of the

Price bid (Tender Vol - IV) shall be the governing price under the contract without any price variation.

Clause 14.2 - Advance Payments (This clause is DELETED)

No advance payment/mobilization advance will be given for this work.

Clause 14.4 - Schedule of Payments

14.4.2 Payment for Civil Works

For items of works shall be paid based on the % stipulated for respective component as listed in

Schedule of Payment of Price Bid, Schedule D (Vol. IV).

However, in no case, the Contractor shall be entitled to recover more than 95% of the total quoted

price prior to Issue of taking over certificate and the balance 5 % of the total quoted price will be paid

after completion and on successful commissioning of the project.

Clause 14.5: Plant and Materials Intended for the Works

Add the following clause under the text of the present clause.

The contractor shall submit to the Employer the following documents along with the interim bills for

the payment against delivery of goods.

i) 3 copies of the Contractor’s invoice showing goods description, quantity, unit price, and total

ii) Manufacturer’s/Contractor’s guarantee certificate

iii) Inspection certificate, issued by the nominated inspection agency and the Contractor’s

factory inspection report

Clause 14.7 (b): Delete the present clause and substitute as under:

b) The amount which is due in respect of each statement, other than the final statement within

60 days after receiving the statement and supporting documents, and

Sub-clause 14.9: Replace the text of sub clause 14.9 except para three as follows:

The 5% retention money recovered from running account bills under Sub-clause 4.2 will be refunded

along with the final bill.

Sub Clause 14.16:

"Employer, on written request from the contractor, at its own discretion shall make the payment in

part or full as may be expressly requested by the contractor, directly to subcontractors or suppliers

nominated by the contractor. Such payments shall be deemed to be the payments made to the

contractor. (DELETED)

Add following Sub-Clause 15.6 in clause 15 for Corrupt and Fraudulent practice:

If in the judgment of the Employer the Contractor has engaged in corrupt or fraudulent practices, in

competing for or in executing the Contract, then the Employer may, after having given 14 days notice

to the Contractor, terminate the Contractor’s employment under the Contract and expel the

Contractor from the Site, and the provisions of Clause 15 shall apply as if such expulsion had been

made under Sub-Clause 15.2.

Sub-clause 17.3: Add the following at the end

(g) Loss or damage due to use or occupation by the employer of any section or part of permanent

works except as may be provided for in the contract,

(h) Any operation of force of nature (in so far as it occurs on the site) which an experienced

(i) Could not have reasonably foreseen, or

(ii) Could reasonably have foreseen, but against which he could not reasonably have taken

appropriate measures to prevent loss or damage to physical property occurring.

Clause 18 Insurance

Sub Clause 18.1 Add following Para at the end:

The insurance liability under this clause shall cover full reinstatement cost including the costs of

demolition and professional fees and profit.

Sub Clause 18.2 Add following Para at the end:

Such insurance shall cover the employer and contractor from first working day after

commencement date until date of issue of taking over certificate of work.

Clause 20.6 Arbitration

Delete present clause nos. 20.6 and substitute as below:

Settlement of disputes:

Except as otherwise specifically provided in the contract, all disputes concerning questions of fact

arising under the contract shall be decided by the Engineer-In-Charge subject to a written appeal by

the Contractor to the Engineer-In-Charge and those decisions shall be final and binding on the parties

hereto. Any disputes or differences including those considered as such by only one of the parties

arising out of or in connection with this contract shall be to the extent possible settled amicably

between the parties. If amicable settlement cannot be reached then all disputed issues shall be

settled as provided in Article "Disputes or differences to be referred to" and Article "Interpretation

Related to Tender Conditions or Contract Agreement" as mentioned below.

Disputes of differences to be referred to:

If at any time, any question, disputes or differences of any kind whatsoever shall arise between the

Engineer-In-Charge and the contractor upon or in relation to or in connection with this contract either

party may forthwith give to the other, notice in writing of the existence of such question, dispute or

difference as to any decision, opinion, instruction, direction, certificate or evaluation of the Engineer-

In-Charge. The question, dispute or differences shall be settled by the Municipal Commissioner, Morbi

Municipal Corporation, who shall state his decision in writing and give notice of same to the Engineer-

In-Charge and to the Contractor. Such decision shall be final and binding upon both parties.

Interpretation related to tender conditions or contract agreement:

For any interpretation related to tender conditions or contract agreement conditions, the decision of

Municipal Commissioner, Morbi Municipal Corporation shall be considered as final and binding and in

the event of any dispute arising pertaining to tender conditions or contract agreement conditions the

jurisdiction shall be Morbi Civil Court /Commercial Court of Morbi City.

CONDITIONS OF CONTRACT

FOR OPERATION AND MAINTENANCE

CONDITIONS OF CONTRACT

FOR OPERATION AND MAINTENANCE

A - ADMINISTRATIVE and LEGAL PROVISIONS

A. ADMINISTRATIVE AND LEGAL PROVISIONS

1. Definitions and Interpretations

2. Operation of the facilities

3. Duty of care

4. Obligations and responsibilities of the Employer

5. Representation and Warranties of the Contractor

7. Indemnification

9. Records and Reports

11. Delay Damages

12. Force Majeure

13. Termination

14. Confidentiality and Intellectual Property Rights

15. Arbitration and Dispute Resolution

16. Governing law and Jurisdiction

B. SPECIAL TERMS AND CONDITIONS

CONDITIONS OF CONTRACT

FOR OPERATION AND MAINTENANCE

A - ADMINISTRATIVE & LEGAL PROVISIONS

1 DEFINITIONS AND INTERPRETATION

1.1 Definitions

In these Conditions of Contract (“Conditions”) the following words and expressions shall have

the meanings hereby assigned to them, except where the context otherwise requires:

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

and regulations and by lows of any legally constituted public authority.

2. “Contract” means the contract agreement, these conditions, the employer's requirements, the

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

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

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

of the Contractor under these Conditions.

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

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

contractor and of each sub contractor & any other personal assisting the contractor in the

execution of the work.

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

6. “Defects Liability Period” means the defect liability period of Five (5) years for all works

commencing on and from of taking over during which contractor shall under take the

responsibilities and have the liability for the facility.

7. “Employer’s Risk” shall include the risks mentioned as employers risks in the General Conditions

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

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

8. “Employer’s Personnel” means the Employer's Representative, the assistants and all other staff,

labour and other employees of the employer and of the Employer's representative, and any

other personnel notified to the contractor, by the employer or the employer's representative,

as employer's personnel.

9. “Employer’s requirements” means the document entitled employer's requirements, as included

in the contract, and any additions and modifications to such document in accordance with the

contract. Such document specifies the purpose, scope, and / or design and / or other technical

criteria, for the works.

10. “Facility” shall mean the entire system to be designed and constructed including the buildings,

structures, ramps, pits, pipes, fencing, lighting, testing and analysis equipment, tools,

computers, software programs, safety equipment, plant machinery, supplies, instruments and

inventory incorporated therein, as well as all open areas within the Site, and including any

additions, modifications, alterations, replacement and repairs as may be made thereto from

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

12. “General Conditions” shall mean the conditions stated in the tender issued by MMC.

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

internationally and in India conforming to all Applicable Law and that degree of skill, diligence,

prudence and foresight which would reasonably be expected from a skilled and experienced

contractor engaged in India in the same type of undertaking under the same or similar

circumstances as the Contractor pursuant to these Conditions.

14 “O and M Contract” shall mean the contract entered in between the Employer and the

Contractor pursuant to these Conditions.

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

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

16. “O and M Services” shall mean those services specified in Schedule [1] which the Contractor is

obligated to perform under these Conditions.

17. “O and M Standard” shall mean the standards:

a) As set forth in the O and M Manual as accepted by the Employer;

b) As required pursuant to Applicable Law;

c) Set out in the Performance Guarantee and

d) For the functioning of the Facility as required in accordance with the Contract including such

requirements as may be mentioned in the Employer’s requirements.

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

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

19. “O and M Period” shall have the meaning set out in Clause.

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

22. “Performance Guarantees" shall mean the guarantee that the Facility shall be operated satisfying

the minimum performance parameters set out in Schedule.

23. “Successor Contractor” shall have the meaning given to it in Clause14.5.

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

places as may be specifically designed by the employer from the time to time as forming part of

25. “Taking-Over Date” shall means the date of issue of the taking over certificate under the

construction phase.

26. “Taking Over Certificate” means the certificate to be issued when the whole of the works or any

sections or parts of the permanent works have been substantially completed & satisfactorily

parts of the test on completion in accordance with the provision of the contract.

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

1.2 Interpretation

In these Conditions, except where the context requires otherwise:

(a) words indicating one gender include all genders;

(b) words indicating the singular also include the plural and words indicating the plural also include

(c) Provisions including the word "agree", "agreed" or "agreement" require the agreement to be

recorded in writing;

(d) "written" or "in writing" means hand-written, type-written, printed or electronically made, and

resulting in a permanent record;

(e) The marginal words and other headings shall not be taken into consideration in the

interpretation of these Conditions;

(f) The words "include," "includes" and "including" are not limiting;

(g) As used in these Conditions, all defined terms include the plural as well as the singular;

(h) Any agreement, document or drawing defined or referred to in these Conditions shall

include each amendment, modification and supplement thereto and waiver thereof as may

become effective from time to time, except where otherwise indicated;

(i) Any reference to any Clause or Sub – Clause shall unless specified otherwise mean a Clause or

Sub- Clause of these Conditions; and

(j) Any rights of the Employer to make any inspections or to review any document shall not create

any obligation on the Employer to conduct such inspections or reviews to detect any errors,

inaccuracies, ambiguities or other potential problems. No inspection or approval by or on

behalf of the Employer shall operate as a waiver of any provision of these Conditions, any

obligation of Contractor under these Conditions, or any of the rights of the Employer

hereunder, except as expressly agreed in writing by the Employer.

1.3 Commencement and Duration of O and M Contract

1.3.1 “The O and M Period” shall commence upon issuing of work order and shall continue for a

period of Five (5) years. The Employer may propose an extension to the O and M Period by

giving 30 days prior notice to the Contractor

1.3.2 The O and M period may then be extended subject to mutual consent and on terms and

conditions agreed to by both the Parties. However, Employer reserves right to extend the O&M

period for maximum 6 months after the date of completion of 5 years O and M based on the

rate of last year of O and M.

1.4 Applicable Law

1.4.1 The Contractor shall comply with all Applicable Law relevant to the Contractor's Personnel,

including Applicable Law relating to their employment, health, safety, welfare, immigration and

emigration, and shall allow them all their legal rights.

1.4.2 The Contractor shall require his employees to obey all Applicable Laws, including those

concerning safety at work.

1.4.3 In the event Employer becomes liable to any Employers Personnel, any governmental authority

(including but not limited to any fines or penalties levied by or payable to such authority) or any

other third party under the provisions of any Applicable Law resulting from Contractor's failure

to comply with such Applicable Law, Contractor shall reimburse Employer for all payments

required to be made by Employer to such Employers Personnel, governmental authority or any

other third party, plus the actual expenses that Employer may incur in investigating, settling or

defending any litigation or threatened litigation.

The Contractor shall not be entitled to sub-contract any part of his obligation under these

Conditions to any third party without prior approval of the Employer. Neither party may assign

their rights and obligations under these Conditions without the consent of the other Party.

However the Employer may assign any rights under these Conditions to any financial institution

from whom any financial assistance/credit facilities have been availed by the Employer.

1.6.1 Emergencies

In the event of an emergency endangering life or property, the Contractor shall take such

action as may be necessary to prevent, avoid or mitigate injury, damage or loss and shall, as

soon as possible, report any such incidents, including his response thereto to the Employer.

1.6.2 Contractor Action

The Contractor shall utilize his personnel to take such action as may be necessary in accordance

with Good Operating Practices in the event of an emergency. Notwithstanding anything to the

contrary herein, the Contractor may incur any expenditure or take any other operating actions

as the Contractor deems to be necessary (in accordance with Good Operating Practices) in

the case of emergencies affecting the Facilities or the operation of the Facilities to counteract

the effects where the Contractor considers immediate action is required to safeguard lives or

property. In case such emergency was caused due to an Employer’s Risk then the Employer

shall reimburse such reasonable expenses that might have been incurred by the Contractor

in relation thereto acting in accordance with Good Industry Practices.

1.7 Notification

1.7.1 In the event of an emergency the Contractor shall forthwith notify the Employer of the

emergency, the expenditures made and the operating actions taken.

1.7.2 If the Employer considers that an emergency has arisen in relation to the Facilities, the Employer

may give written notice to the Contractor specifying the nature of the emergency which it has

identified and the manner in which it requests such emergency to be rectified. The Contractor

shall rectify such defect with all due diligence. If such emergency is on account of Employer’s

Risk then the Contractor shall be reimbursed all costs and expenses reasonably incurred by the

Contractor for any actions taken by it pursuant to such direction or notice. If the Contractor

fails to comply with such direction or notice promptly, the Employer shall be entitled to procure

that it or any third party takes such actions as may be necessary to remedy such breach by the

Contractor. Any costs that may be incurred by the Employer in this regard shall be reimbursed

to him in full by the Contractor and shall be a debt due to him from the Contractor.

1.8 Inspections

Notwithstanding any provisions of these Conditions and without prejudice to any of the other

rights vested by the Contractor under these Conditions, the Employer shall have the right at all

times to inspect the Facilities and the Contractor shall co- operate in every manner with the

representatives of the Employer inspecting the Facilities and allow them access to every part of

the Facilities and produce any records requested.

2 OPERATION OF THE FACILITIES

2.1 Operation of the Facilities

2.1.1 The Employer appoints the Contractor to perform and undertake the O and M Services and all

other obligations set out and in accordance with these Conditions during the O and M Period.

The Contractor accepts the appointment and acknowledges a duty to perform such obligations.

2.1.2 The Contractor shall be in complete charge of and have custody and control over and

responsibility for the Facilities, and the Contractor shall perform or cause to be performed on

behalf of the Employer all O and M Services for the Facilities and shall supply or cause to be

supplied all materials required therefore in accordance with the O and M Standard.

2.1.3 The Contractor shall also acknowledge that the Employer and the Employer’s Personnel and

other contractors may be carrying out work at the Facilities and shall endeavour to fully co-

operate and work in a manner so as not to cause any obstruction or hindrance to them.

2.1.4 The Contractor is an independent Contractor and not an agent, employee and nothing in these

Conditions or the O and M Contract shall be deemed to create a joint venture between the

Employer and the Contractor.

2.2 Responsibility of the Contractor

The Contractor shall be solely and exclusively responsible for:

2.2.1 Necessary procedures for obtaining all necessary permits and consents required by Applicable

Law or any governmental authority for the Contractor to carry out the O & M Services by

providing necessary documents / authorization and charges to be paid by Morbi Municipal

Corporation. In case of charges paid by O&M Agency, the same shall be reimbursed by Morbi

Municipal Corporation.

2.2.2 the procurement of all goods and services necessary to ensure compliance with its obligations

under these Conditions;

2.2.3 making available suitably qualified and trained personnel to perform the O and M Services;

2.2.4 perform the O and M Services in accordance with the O and M Manuals and maintain the

Facilities in good repair and condition and ensure that the Facilities are well and suitably

maintained at all times in accordance with Good Operating Practices and in accordance with

these Conditions;

2.2.5 procuring and administering all chemicals and other consumables, tools, equipment, spare

parts and other materials (which shall be of good quality and unused) necessary for the

operation and maintenance of the Facilities;

2.2.6 maintaining a system of records to identify all inventories related to the Facilities and preparing

and providing to the Employer a complete accounting of such inventory for every fiscal quarter;

2.2.7 arranging for the testing and recalibration of all scales, meters, gauges and other measuring

devices at the Facilities on an annual basis unless otherwise stated in the O and M Contract;

2.2.8 for providing any and all relevant information required by the Employer.

3 DUTY OF CARE BY THE OPERATOR AND PERFORMANCE STANDARDS

3.1 Duty of Care

3.1.1 The Contractor shall manage, operate and maintain the Facilities in accordance with Good

Operating Practices and in accordance with the O & M Standard so that the Facilities are

capable of meeting the outputs and specifications set out in the Contract.

3.1.2 The Contractor shall take full responsibility for the care of the Facility from the date of issue of

the Taking-Over Certificate, till the end of the O and M Period.

3.1.3 If any loss or damage happens to the Facility, during the O and M Period due to any breach by

the Contractor of any of his obligations under these Conditions including any wilful misconduct,

negligence and non conformity with Good Operating Practices than the Contractor shall, at his

own cost, rectify such loss or damage so that the Facility conforms in every respect with the

provisions of these Conditions.

3.1.4 The Employer shall be liable only in case of any damage caused due to any Employer’s Risk.

3.1.5 The contractor shall be fully responsible for the law and order implementation with in the

premises. Any legal/judiciary procedure must be followed by the contractor.

4. OBLIGATIONS AND RESPONSIBILITIES OF THE EMPLOYER

The Employer shall employ the Contractor to provide the O and M Services and shall:

4.1 following the issue of work order, hand-over the custody of the Facilities to the Contractor for

its use during the O & M Period; and

4.2 pay the Contractor all sums required to be paid in accordance with the terms of these

Notwithstanding anything else herein contained the Employer may set off any sums owed by

the Contractor under the Contract for monies owed to the Contractor by the Employer under

these Conditions or as a debt due from the Contractor.

4.3 No advance payment or Down payment shall be made.

5 REPRESENTATIONS AND WARRANTIES OF THE CONTRACTOR

The Contractor hereby represents for the benefit of the Employer as follows:

5.1 Performance of O and M Services

5.1.1 that the Contractor has the required skills and capability to perform, and shall diligently

perform, the O and M Services in a high-quality, timely and professional manner utilizing sound

engineering principles and project management procedures in accordance with Good Industry

5.1.2 that the Contractor shall perform its obligations hereunder in accordance with the requirements

of these Conditions and shall meet the Performance Guarantee; and

5.1.3 that it shall not use any spare parts or material that are not new and which shall be of a quality

that is in accordance with Good Industry Practices.

5.2 Knowledge of Adverse Information

5.2.1 As of the Commencement Date, Contractor is not aware of any facts, conditions or events which

would affect the ability of Contractor to provide the O & M Services in accordance with these

5.2.2 Contractor has familiarized itself with the nature and extent of the O & M Services required to

be provided under these Conditions and with all other requirements under Applicable Law.

5.3 Organization, Standing and Qualification

Contractor is validly existing and in good standing under Applicable Law and has all necessary

power and authority to carry on its business as presently conducted and to perform its

obligations under these Conditions. Contractor is, or shall be prior to the date on which the O

and M Services are to be commenced duly qualified or licensed to provide these services.

5.4 Due Authorization

5.4.1 Each of the execution, delivery and performance by the Contractor of all contracts entered into

pursuant to these Conditions shall be duly authorized by all necessary action on the part of

5.4.2 Neither the execution and delivery by Contractor of the O and M Contract, nor the

consummation by Contractor of any of the transactions contemplated hereby, requires the

consent or approval of, the giving of notice to, the registration with, the recording or filing of

any document with, or the taking of any other action in respect of, any governmental authority

or agency, except:

(a) Such as have been duly obtained, given, registered, recorded, filed or taken and are in full force

and effect or are not yet required; and

(b) Filings and recordings expressly required pursuant to the O and M Contract. Contractor holds,

or shall obtain, any and all licenses, permits and approvals on a timely basis. Contractor has

no reason to believe that any of those not yet required shall not be readily obtainable or done

in the ordinary course of business upon due application there for.

In the aggregate, there are no pending or, to the knowledge of Contractor, threatened actions,

investigations or proceedings before any court, governmental authority or arbitrator, which

would have material adverse effect on the ability of Contractor to perform its obligations under

these Conditions.

6.1 General Conditions

6.1.1 Without limiting the Contractor's obligations, responsibilities and liabilities under these

Conditions, the Contractor shall be required to provide and maintain in full force and effect, at

his expense the insurance coverage’s specified in Schedule [5] for the O and M Period. Any

deductibles on the insurance shall be to the account of the Contractor.

6.1.2 Maintenance of insurance shall not relieve the obligation of the Contractor to remedy or repair

any damage to the Facility in case such damage is caused due to the fraud, negligence, wilful

misconduct or breach of any obligations of the Contractor under these Conditions (including

failure to perform the O and M Services in accordance with Good Operating Practices) at the

Contractors cost promptly and regardless of the extent of settlement of claims by the

underwriters or the time taken for settlement of claims. Any amounts not insured or not

recovered from the insurers shall be borne by the Contractor to the extent any such liability or

damage is caused due any breach of any obligations of these Conditions (including failure of the

Contractor to perform the O & M Services in accordance with the Good Operating Practices) by

the Contractor or any wilful misconduct, negligence on the part of the Contractor.

6.1.3 The terms of the Insurance shall be approved by the Employer.

6.1.4 The Contractor within the 14 days from work order shall submit to the Employer evidence that

the insurances required under Schedule [5] of these Conditions has been obtained as approved

by the Employer.

6.1.5 The Contractor shall not make any alteration to the terms of any insurance without the prior

approval of the Employer. If the Contractor fails to effect and keep in force any of the insurance

it is required to effect and maintain under these Conditions, or fails to provide satisfactory

evidence and copies of policies in accordance with this Sub-Clause, the Employer may (at its

option and without prejudice to any other right or remedy) effect insurance for the relevant

coverage and pay the premiums due and may claim the same from the Contractor.

6.1.6 The insurances shall:

(a) shall be in the name of the Employer and the Employer shall be the sole loss payee,

(b) shall be extended to cover liability for all loss and damage to the Employer's

property arising out of the Contractor's performance of his obligations or failure to do

so under these Conditions and any fraud, gross negligence or wilful misconduct on his

part, and If the Contractor fails to effect and keep in force insurance which is required

to be maintained under these Conditions, and the Employer neither approves the

omission nor effects insurance for the coverage relevant to this default, any moneys

which would have been recoverable pursuant to such insurance shall be paid by the

6.1.7 The insurance shall be limited to electrical, mechanical and automation and pipe component

appurtenances only. The insurance for civil work is optional. Since the responsibility of safety of

all work lies with contractor, contractor may prefer to take the insurance of optional item also

7 INDEMNIFICATION

7.1 Loss or Damage to Facilities

The Contractor shall at its own expense make good any physical loss or damage to the Facilities

occasioned by it in the course of the performance of its obligations under these Conditions if

and to the extent such loss or damage is caused by the negligence, wilful default or breach of

statutory duty or failure to follow Good Industry Practices by the Contractor.

7.2 Other Loss or Damage

7.2.1 Except as otherwise stated in this Clause 7.2 or covered by Clause 7.3, the Contractor shall

indemnify, defend and hold harmless the Employer against any and all liabilities, losses,

damages and claims of whatever kind and nature, including all related costs and expenses

incurred in connection therewith, in respect of personal injury to or death of third parties or

any employee of the MMC or the in respect of loss of or damage to any third party property or

property belonging to employee of the MMC by:

(i) any breach by the Contractor of its obligations hereunder; and

(ii) any negligence, wilful default or breach of statutory duty on the part of Contractor.

7.2.2 Except as otherwise stated in this Clause 7.2 or covered by Clause 7.3, the Employer shall

indemnify, defend and hold harmless the Contractor for all claims and losses of whatever kind

and nature, including all related costs and expenses incurred in connection therewith, in

respect of personal injury to or death of third parties or of any person employed by the

Contractor in respect of loss of or damage to any third party property or property belonging to

any person employed by the Contractor to the extent that the same arises out of any

Employer’s Risk.

7.3 Accidents or Injury to Workmen

7.3.1 The Contractor shall indemnify, defend and hold harmless the Employer or any Employer’s

Personnel against any and all claims for loss, damage and expense of whatever kind and nature

(including all related costs and expenses) in respect of the death of or injury to any person

employed by the Contractor in connection with the performance of the O and M Services and

obligations hereunder except to the extent that such death or injury is caused by an Employer’s

7.3.2 Neither Party shall be liable to the other Party for loss of use of the Facilities, loss of profit, loss

of any contract or for any indirect or consequential loss or damage which may be suffered by

the other Party in connection with the Contract, other than under Sub-Clause [13] and this

7.3.3 The total liability of the Contractor to the Employer, under or in connection with these

Conditions other than as provided in Clause 7 & 14 shall not exceed the sum of the O and M

Price and the Delay Damages payable under the these Conditions.

This Sub-Clause shall not limit liability of the Contractor in case of fraud, wilful default, gross

negligence and liabilities arising due to breach of Applicable Law and the liability under any

other Clause of these Conditions that might impose a greater liability on the Contractor.

8.1 General Provisions

8.1.1 The Employer may check the operation of the Facilities or designate an organization of his

choice to carry out inspections regularly. The Employer or the organization appointed by him

shall check that the Contractor is performing the tasks for which he is responsible with due

diligence. The Contractor shall at his cost provide all the assistance the Employer requires to

complete these inspections.

8.1.2 The Employer is empowered to carry out any inspection at any time.

8.2 Measurement and Analysis

8.2.1 The Employer has the right to perform any analysis or inspection he deems necessary

8.2.2 The water quantity, for any such test, analysis or inspection shall be measured by flow-meters

installed at the Facility, which are acceptable to the Employer.

8.2.3 The flow-meters shall be inspected and certified upon their availability by the Employer and the

Contractor. Thereafter, the said meters shall be tested and their accuracy verified once in every

six (6) months by the Employer and the Contractor. After each inspection, the flow-meters shall

both be sealed in the presence of representatives of the Employer and the Contractor in a

manner that is adequate to prevent the tampering of said meters by any person.

8.2.4 The Contractor shall be responsible for the security and protection of flow-meters at the

designated point. If there is any malfunctioning of the meters, it should be replaced at the

Contractor’s cost.

8.3 Plant Complex Visits

8.3.1 At the end of each month, or at the initiative of the Employer, a visit shall be organized so that

both Parties can check the condition of the installations at the Facilities.

8.3.2 A report shall be drawn up to record the opinions of both Parties. The Employer reserves the

right to call in equipment manufacturers or specialized technicians for these visits.

8.3.3 These visits shall provide an opportunity for examining maintenance programs and operating

procedures and improvements requiring additional investments.

8.3.4 Any test, visit, analysis or inspection and any approval thereof shall not in any way alter/modify

or dilute the responsibility of the Contractor to fulfil his obligations under these Conditions.

8.3.5 Inspection of material/works will be carried out by third party inspection (TPI) agency in witness

of MMC officials. TPI charges /fees pertaining to same shall be borne by Agency/Contractor and

TPI agency will be appointed by MMC and approximate TPI charge will be 0.70 % of awarded

9 RECORDS AND REPORTS

9.1 Operating Records and Data

The Contractor shall:

9.1.1 Prepare and maintain, on a current basis and in accordance with generally accepted

Indian accounting principles, proper, accurate and complete books and records and accounts of

all transactions related to the Facilities including a log book at the site which shall contain inter

alia the following details:

(a) Reading from the different meters, indicators and recorders (including but not limited

to consumption of energy, volume of water conveyed, operating times of the different

items of equipment etc which may be updated on a daily basis); and

(b) Report of visits by persons other than those of the Employer and the Contractor to the

9.1.2 Establish and maintain a weekly and monthly reporting system to provide storage and ready

retrieval of operating data relating to the Facilities, including such information necessary to

verify calculations made pursuant to these Conditions or the O & M Contract and provide the

same to the Employer on a monthly basis.

9.1.3 Provide to the Employer or such persons notified by it access to the Facilities and to data in

relation to the Facilities, at all times.

9.1.4 At the Employer’s request, at the end of every month, make a copy of the system performance

data for that month as recorded by the instrument and control system on CD (compact disc)

and printed document there from and deliver the same to the Employer with one week.

9.1.5 Provide support to the Employer to meet the data requirements of all competent authorities

and under Applicable Law.

9.2.1 The Contractor shall submit the reports mentioned in Schedule [4] at times indicated in

the said Schedule.

9.2.2 The Contractor shall also provide the Employer with such reports as are required by the

Employer and shall comply with all reporting requirements prescribed under these Conditions

and the O and M Contract. In addition the Contractor shall submit the following information to

9.2.3 Upon obtaining knowledge thereof, shall submit prompt written notice of:

(i) any litigation or material claims, disputes or actions, threatened or filed, concerning the

Facilities or the services to be performed hereunder;

(ii) any refusal or threatened refusal to grant, renew or extend or any action pending or

threatened that might affect the granting, renewal or extension of any clearance,

permit or license;

(iii) Notwithstanding the aforementioned materiality, all penalties or notices of violation

issued by any authority under Applicable Law;

9.3 the Contractor shall promptly submit to the Employer any material information concerning

new or significant aspects of the operations of the Facilities, any material complaint about the

Facilities from any person or entity with a bona fide complaint who complains directly to the

Contractor and, upon Employer’s request, shall promptly submit any other information

concerning the Facilities or the services performed by the Contractor.

9.3.1 The Employer may from time to time specify any changes to be made to any of the format of

any report or plan required hereunder.

9.3.2 If the Contractor is required by any Applicable Law to produce any projection, report or any

other document relating to the provision of the O & M Services of the Facilities or the Employer

requests a report regarding other information relating to the Facilities, the Contractor shall

prepare a draft of such document at the request of the Employer, as soon as practicable and in

any event within any time limit prescribed by Applicable Law.

9.3.3 If the Contractor is required by any Applicable Law to produce any projection, report or any

other document, it shall prepare such report diligently and submit the same to the Employer as

soon as possible thereafter. Wherever practicable, such reports shall be submitted to the

Employer for review [3] days before the same is issued. The Contractor shall take into account

any comments or revisions proposed by the Employer thereon.

9.4 Procurement

9.4.1 The Contractor is responsible for the procurement of all goods and services necessary to ensure

compliance with its obligations under these Conditions.

9.4.2 The Contractor shall procure spare parts, materials, supplies and other consumable items, and

maintains an adequate inventory thereof Facilities.

9.4.3 The Contractor shall submit a report for every fiscal quarter to the Employer reflecting the status

of the inventory for spare parts, materials and other consumable items.

1.1 The Contractors request(s) for payment shall be made to the MMC in writing, accompanies by

invoice(s) along with presence sheet of personnel of particular month duly certified by our

Engineer on site, claims etc. as appreciate.

1.2 Payment shall be made by MMC as per procedure subsequent to the submission of such

invoice(s)/ claim(s) by the Contractor.

1.3 The MMC shall deduct from the amount payable to the Contractor, any amount paid by MMC

on behalf of the Contractor e.g. (telephone bills, GEB/PGVCL penalty for Power factor or any

other dues and liquidated damages as per clause and, as per tender terms and condition. Any

telephone bills submitted by telephone department, the cost of bills shall be borne by

Contractor.) MMC shall provide telephone and wireless facilities on site. Batteries of wireless

set periodically to be charged by contractor and wireless set to be kept in running

condition by contractor.

1.4 Contractor shall provide Security Guards services for all assets in plant head works premises

for 24 hours of a day and 365 days of the year for the whole contractor period.

11 DELAY DAMAGES

Performance Guarantees and Delay Damages

The Contractor shall operate and maintain the Facilities in accordance with:

11.1 The O and M Standard; and

11.2 the Good Industry Practices.

In case of the failure of the Contractor to achieve each of the requirements mentioned in Price

Schedule, he shall be liable to pay Liquidity Damages for each unit of shortfall.

12 FORCE MAJEURE

In this Clause, "Force Majeure" means an event or circumstance, which materially and

adversely affects the ability of the affected Party to perform its obligations:

(a) which is beyond a Party's control,

(b) which such Party could not reasonably have provided against before entering into

the O and M Contract,

(c) which having arisen, such Party could not reasonably have avoided or overcome, and

(d) which is not attributable to the other Party.

Force Majeure may include, but is not limited to, exceptional events or circumstances of the

kind listed below, so long as conditions (a) to (d) above are satisfied:

(i) war, hostilities (whether war be declared or not), invasion, act of foreign enemies,

(ii) rebellion, terrorism, revolution, insurrection, military or usurped power, or civil war,

(iii) riot, commotion, disorder, strike or lockout by persons other than the Contractor's

Personnel and other employees of the Contractor,

(iv) ammunitions of war, explosive materials, ionizing radiation or contamination by

radio-activity, except as may be attributable to the Contractor's use of such munitions,

explosives, radiation or radio-activity, and

(v) Natural catastrophes such as earthquake, hurricane, typhoon or volcanic activity, heavy

rainfall, cyclone, strike and lockout.

(vi) Non-receipt of Raw Water

12.1 Notice of Force Majeure

12.1.1 If a Party is or shall be prevented from performing any of its obligations under these Conditions

by Force Majeure, then it shall give notice to the other Party of the event or circumstances

constituting Force Majeure and shall specify the obligations, the performance of which is or

shall be prevented. The notice shall be given within 7 days after the Party became aware, or

should have become aware, of the relevant event or circumstance constituting Force Majeure.

12.1.2 The Party shall, having given notice, be excused performance of such obligations for so long as

such Force Majeure prevents it from performing them.

Notwithstanding any other provision of this Clause, Force Majeure shall not apply to obligations

of either Party to make payments to the other Party under the Contract.

12.2 Duty to Minimize Delay

12.2.1 Each Party shall at all times use all reasonable endeavours to minimize any delay in the

performance of the Contract as a result of Force Majeure.

12.2.2 A Party shall give notice to the other Party when it ceases to be affected by the Force Majeure.

12.2.3 Not-withstanding anything else herein contained the Employer may terminate the O and M

Contract if the Force Majeure event continues for more than a period of 90 days.

Termination shall mean the termination of the O and M Contract by the Employer or the

Contractor in accordance with Clause 13.1 or 13.2 respectively.

13.1 Termination by Employer

The Employer may terminate the O and M Contract by notice on:

(a) the dissolution or insolvency of the Contractor, pursuant to an order of a court or the

bankruptcy of the Contractor; or

(b) if 45 days having passed since the Contractor is in material breach of his obligations

under these Conditions, or

(c) if the Contractor ceases to carry on its business; or

(d) Abandonment;

(e) the subsisting Force Majeure event as provided in Clause 12.2.3 above.

13.2 Payments upon Termination

13.2.1 Upon termination or as soon as practicable thereafter an account shall be taken of the net

amount owing from the Employer to the Contractor or from the Contractor to the Employer (as

the case may be). The Employer shall forthwith pay to the Contractor (if the balance is due to

the Contractor) all moneys due to the Contractor. If the account shows a balance due to the

Employer from the Contractor, the Contractor shall forthwith pay any such balance to the

13.2.2 As part of the calculation made pursuant to clause 13.1 of the amounts due to the Contractor

on Termination, the following amount shall be taken into account:

13.2.2.1 The portion of the O and M Price outstanding and payable by the Employer for the period prior

to the Termination;

13.2.2.2 Any Delay Damages or indemnities for which the Contractor would be liable under these

Conditions up to the date of Termination;

13.2.2.3 Any other amounts due to the Employer under these Conditions by the Employer including

return of any amount of the O and M Price paid in advance by the Employer to the Contractor

under Clause [10].

13.3.3 In case of a Termination by the Employer in accordance with Clause 13.1 the Employer may

recover other than the amounts due to him under Clause 13.3.2, any costs incurred by him in

finding any replacement contractor.

13.4 Successor to the Contractor upon Termination:

13.4.1 The Contractor shall use all endeavours to facilitate the appointment and commencement of

duties of any person to be appointed by the Employer to operate and maintain the facilities

(the “Successor Contractor”) so as not to disrupt the normal Operation and Maintenance of the

Facilities and shall provided full access to the Facilities and to all relevant information, data and

records relating thereto by the Successor Contractor and its representatives and accede to all

reasonable requests made by such persons in connection with preparing for taking over the

Operation & Maintenance of the Facilities,

13.4.2 Promptly after Termination, the Contractor, shall deliver to (and shall, with effect from

Termination, hold on trust for and to the order of) the Employer or (if so required by the

Employer by written notice) to the Successor Contractor all property in its possession or under

its control owned by the Employer or leased or licensed to the Employer;

13.4.3 The Contractor shall transfer to the Successor Contractor, as from the date of Termination, its

rights as the Contractor under all contracts entered into by it in the performance of its

obligations under these Conditions or relating to the Operation and Maintenance of its

obligations under these Conditions or relating to the Operation and Maintenance of the

Facilities. Pending such transfer, the Contractor shall hold its rights and interests thereunder for

the account and to the order of the Successor Contractor.

13.4.4 The Employer shall be reimbursed any cost and expenses incurred by the Employer due to

default of the Contractor in discharging its obligations under this Clause [13].

13.4.5 The Contractor shall, upon Termination of the O and M Contract, co-operate with the Employer

and the Successor Contractor and comply with all reasonable requests thereof, including the

execution of documents etc.

13.4.6 Upon Termination of the O and M Contract on expiry of the terms of the O and M Contract, the

Parties agree that:-

13.4.7 The Contractor shall use reasonable efforts to ensure a transition to the next Contractor that

shall avoid operating difficulties for the Facilities.

13.4.8 For a six (6) month period after Termination or six (6) months prior to the expiration of the O

and M Contract, the Contractor shall, at his expense, provide sufficient assistance to the

Employer in the hiring and training of replacement personnel for those Facilities.

13.5 Notwithstanding anything else herein contained the Employer shall be entitled to terminate the

O and M Contract, at any time at the Employer's convenience, by giving notice of such

termination to the Contractor. The termination shall take effect 28 days after issuance of the

notice of termination.

13.5.1 On the expiry of the O and M Contract or Termination of the O and M Contract, all the

installations, works and equipment placed under the Contractor’s responsibility shall be

handed over to the Employer, at no cost, in good working order, except for normal wear and

tear. The Employer may perform any inspections, tests or expert appraisals he shall consider

necessary with a view to checking that the property is in good working order. The Contractor

shall also hand over any unutilized spares, consumables etc. purchased for the Facilities.

13.5.2 At the end of O and M Period, the Contractor shall be entitled to receive an O and M

Completion Certificate within thirty (30) days.

13.5.3 The delivery of such O and M Completion Certificate shall relieve the Contractor from his

responsibility as regard to the operation & maintenance of the Facilities and confirm that the

Contractor has fulfilled all of his obligations under these Conditions.

14 CONFIDENTIALITY AND INTELLECTUAL PROPERTY RIGHTS

Subject to Clause [14.2], the Contractor shall at all times during the O and M Period and for a

period of two years after that:

14.1.1 use all efforts to keep all information regarding the terms and conditions and any data or

information acquired under or pursuant to these Conditions confidential and accordingly shall

not disclose the same to any other person; and

14.1.2 not use any document or other information (whether technical or commercial) obtained by

them it by virtue of these Conditions or the Contract concerning the Employer’s undertaking for

any purpose other than performance of the its obligations under these Conditions; Provided

that the provisions of this Clause 14.1 shall not apply to information which at the time of

disclosure was in the public domain other than by breach at the foregoing obligations of

The Contractor shall not be entitled to disclose the terms and conditions of these Conditions

and any data or information acquired by it under or pursuant to these Conditions without the

prior written consent of the Employer unless such disclosure is made in good faith:

14.2.1 to any outside consultants engaged by or on behalf of the Contractor and acting in that capacity,

having made them aware of the requirements of this Clause [14].

14.2.2 to the lenders, any security trustee, any bank or other financial institution and its advisers from

which the Contractor is seeking or obtaining finance, having made them aware of the

requirements of this Clause [14].

14.2.3 to the extent required by Applicable Law;

14.2.4 to any insurer under a policy of insurance; or

14.2.5 to the Contractor’s Personnel having made them aware of the requirements of this Clause [14];

14.3 Information

The Contractor shall:

14.3.1 make available to the Employer without charge such materials, documents and data of any

nature (except any materials documents and data protected by legal privilege or which is

subject to any duty of confidentiality to any third party) acquired or brought into existence in

any manner whatsoever by it as the Employer may request for the purposes of exercising its

rights or carrying out its duties in respect of the Facilities or exercising its rights under or

performing its obligations under these Conditions.

14.3.2 make available to the Employer other such materials and documents and data acquired or

brought into existence by third parties as the Employer may request for the purposes referred

to in sub-paragraph (i) above.

14.4 Third Party Intellectual Property

The Contractor shall:

14.4.1 procure that any intellectual property owned or developed by third parties and utilized by the

Contractor in connection with the performance of its obligations under these Conditions is

licensed to the Contractor for the purposes of the Operation & Maintenance or repair of the

Facilities and otherwise for the purposes of the Facility; and

14.4.2 ensure that the Contractor shall have the right to sub-license that intellectual property to the

Employer and any Successor Contractor for use in connection with the operation, maintenance

and repair of the Facilities. These licenses should survive termination under these Conditions.

The Contractor shall grant all such sub- licenses. If any fee is payable to the licensor in

consideration of any such sub- license, the Contractor shall pay such amount during the O & M

Period and each such license shall be irrevocable.

14.4.3 Indemnify and hold harmless the Employer against any action, claims, damages, losses caused

to the Employer by the owner of the Intellectual Property due to the allegedly unauthorized or

improper use of this intellectual property by the Contractor for the fulfilment of his obligations

under these Conditions.

14.5 Successor Contractor

If the licenses and sub-licenses of intellectual property granted under this Clause respectively

shall survive termination of the O & M Contract in accordance with the terms of this Clause, the

Employer shall be permitted to grant sub-licenses of intellectual property licensed to it there

under to any Successor Contractor of the Facilities for use only in connection with the

operation, maintenance and repair of the Facilities provided that such Successor Contractor

concludes an agreement with the Contractor or, as the case may be, the licensor of any such

intellectual property on terms which it may reasonably require any payment in connection with

those sub-licenses. Where intellectual property has been sub-licensed to the Employer under

this Clause and such sub-license is not subject to revocation by the Contractor there under, the

Contractor shall take such actions as the Employer may request in connection with the grant of

licenses to any Successor Contractor for the purposes set out above.

15 DISPUTE RESOLUTION

15.1 Amicable Settlement

All disputes, controversies or claims between the Parties of any type arising out of or relating to

these Conditions (a "Dispute"), including any relating to the breach, default, termination, non-

payment of sums of money due hereunder or invalidity hereof, shall be settled in the manner

set forth in this Clause.

Initially, the representatives or other duly authorized personnel of each Party shall attempt to

resolve such Dispute through negotiation. If such officers or other authorized personnel are

unsuccessful at such resolution then within 90 days of the date of such failure either Party may

refer the Dispute as mentioned below.

15.2 Settlement of disputes:

Except as otherwise specifically provided in the contract, all disputes concerning questions of

fact arising under the contract shall be decided by the Engineer-In-Charge subject to a written

appeal by the Contractor to the Engineer-In-Charge and those decisions shall be final and

binding on the parties hereto. Any disputes or differences including those considered as such

by only one of the parties arising out of or in connection with this contract shall be to the

extent possible settled amicably between the parties. If amicable settlement cannot be reached

then all disputed issues shall be settled as provided in Article "Disputes or differences to be

referred to" and Article "Interpretation Related to Tender Conditions or Contract Agreement"

as mentioned below.

15.3 Disputes of differences to be referred to:

If at any time, any question, disputes or differences of any kind whatsoever shall arise between

the Engineer-In-Charge and the contractor upon or in relation to or in connection with this

contract either party may forthwith give to the other, notice in writing of the existence of such

question, dispute or difference as to any decision, opinion, instruction, direction, certificate or

evaluation of the Engineer-In-Charge. The question, dispute or differences shall be settled by

the Municipal Commissioner, Morbi Municipal Corporation, who shall state his decision in

writing and give notice of same to the Engineer-In-Charge and to the Contractor. Such decision

shall be final and binding upon both parties.

15.4 Interpretation related to tender conditions or contract agreement:

For any interpretation related to tender conditions or contract agreement conditions, the

decision of Municipal Commissioner, Morbi Municipal Corporation shall be considered as final

and binding and in the event of any dispute arising pertaining to tender conditions or contract

agreement conditions the jurisdiction shall be Morbi Civil Court/Commercial Court of Morbi

15.5 Continuance of Obligations

Performance of the O and M Contract and obligations under it shall continue during the

settlement of any Dispute pursuant to this Clause.

16 GOVERNING LAW AND JURISDICTION

These Conditions and the O and M Contract shall be governed in accordance with Indian Law.

The Contractor agrees that any legal action or proceedings arising out of these Conditions may

be brought in the courts or tribunals only at Morbi city in India and irrevocably submits

themselves to the jurisdiction of such courts or tribunals. The Employer may, however, in its

absolute discretion commence any legal action or proceedings arising out of these Conditions

in any other court, tribunal or other appropriate forum, and the Contractor hereby consents to

such jurisdiction.

B. SPECIAL TERMS AND CONDITIONS

1) The operation and maintenance of all the works included in this tender as per details given

should be carried out by contractor at his own cost.

2) All the units of the plant should be kept in fill-up condition as per requirement during the full

day period. (24 Hours)

3) A weekly report for quality and quantity of treated waste water should be submitted to the

office of the City Engineer Special (Drainage) i.e. Engineer –in-charge.

4) Electric bill for running the plant at head works site shall be paid by MMC, bill should be

submitted to office for payment as soon as received by him from PGVCL. Penalty if any for

delay shall have to be paid by contractor.

5) All the required electrical goods like bulb, tube light, chock, starter, fuse, wire etc. required for

operation and maintenance shall be procured by contractor at his own cost and lighting

arrangement should be kept in good condition.

6) At the time of breakage in pipeline or valves for repairing purpose contractor has to make

arrangement at his risk and cost for labours, fitter, required all materials like rubber packing,

nut bolts, gland, all required parts of valves in Plant & transmission main including pickup van,

Jeep, welding machine, welding rods, Tractor etc. should be provided by contractor at his own

cost. All consumable material should be of standard quality as approved by Engineer-in-charge

7) All type of pipeline including chambers, open channels, gates should be maintained and

repaired by contractor at his own cost.

8) At the time of repairing or replacement of any type of Pipes and valves required for repairing or

replacement after verification by concerned engineer or his representative, fitting work of pipe

or valves shall be carried out by contractor at his own cost including, labour, excavation cutting,

fitting, welding, testing, refilling etc. complete. Repairing work shall be started within one hour

after breakage or leakage come into notice.

9) Any type of valve or gate or part of the valve or gate not working properly after repairing and

requires replacement, as per opinion of City Engineer special (Drainage) or his representative,

then required valve gate shall be supplied to the contractor at his cost from departmental store

if available. Above, replacement shall be done by the contractor.

10) During the period of contract a person other than responsible representative of contractor or

persons employed by him should not enter into the premises of the plant. Every care should be

taken by contractor to prevent such type of unauthorized entry or interruption in the premises

or surrounding the property of MMC.

11) Persons required for security of materials in the stores at sub head works sites shall be

deployed by contractor.

12) At any time during the visit of Engineer in charge or his representative if it is observed that the

operation and maintenance is not carried out properly, liable to be terminated.

13) Operation and maintenance of meters installed at plant sites should be carried out by

contractor and entry shall be made in the register at every one hours. If any meter is not

working properly it should be properly repaired by contractor with in a day from any technician

of such type of repairing work.

14) After issue of work order contractor or his responsible representative should joint visit the site

of every work accompany with officer concern. A list and position of works and all valves with

dia. and nos. a report shall be prepared and should be jointly signed by contractor and

department. A copy of same report shall be issued to contractor. At the time of completion of

contract period same type of report should be prepared and possession of all the works and

components should be handed over to department. If repairing & maintenance work is not

done properly by contractor, the cost of repairing work shall be recovered by department from

15) All the works executed under this project and covers in the scope of this tender shall be handed

over to contractor from the date of work order. Proper operation and maintenance of the same

works/components shall be carried out by contractor and at the time of completion of contract

period or termination of contract, contractor should have to give possession of all the work and

components to the department in good condition. Before handing over the possession to the

department account of contract shall not be finalized and deposit shall not be refunded to

contractor. For all type of legal activities and expenditure for the same, contractor shall be fully

16) During the period of contract for any type of dispute, decision of Municipal Commissioner shall

be final and binding to both the parties.

17) Prescribed registers as maintained by agency during the period of operation and

maintenance period shall be submitted to the department. All the material received during

repairing and replacement shall be deposited in departmental store at the cost of contractor.

All repairing work should be carried by contractor at his own cost during the period of contract

contractor should be fully responsible for injury to any public person or men engaged by

contractor for work and contractor shall be fully responsible for compensation for it.

18) Proper care is to be taken by contractor house-keeping of every component of the plant.

19) Servicing of all the valves and gates cleaning of all civil works and maintenance shall be carried

out regularly by contractor and entered into the concerned registers.

20) History sheet shall be maintained by contractor for replacement of material in pipeline, or

valves, space parts of Electro -mechanical equipments.

21) Leakage repairing shall be carried out in proper way and technically workmen like manner.

Repairing by rubber tubes or by fixing wooden Peg shall not be allowed. Register of leakage

repairing shall be maintained with reasons properly.

22) All the works included in the scope of work shall be oil/ plastic paint / apex colour painted once

in the TWO YEARS contract period at the cost of contractor.

23) All the gardens and plants situated at plant sites shall be supplied water and maintained

properly by contractor. No any extra payment shall be made on account of this work.

24) Telephone/wireless message shall be received and entered in the register and message should

be conveyed to concern party at plant for action.

25) All the information regarding labours, staff, vehicles etc. is incorporated in this tender for

preparation of estimate. As per list staff having proper qualification / labours shall be deployed

by contractor for smooth running of plant, failing which, MMC shall deploy required personnel

at the risk and cost of contractor and recovery for such expenditure shall be made from the bill

26) The contractor has to make all the arrangements required for the proper operation,

maintenance smooth running of plant and safety of all the works included in this contract at his

own cost during the whole contract period.

27) Separate log book for arrival and releasing of water from each storage structure shall be

maintained day to day by the contractor and shall be submitted to department at the end of

28) List of all the assets, pipeline appurtenances plants and machineries, all types of valves, gates,

chambers, pump houses, security cabin, office building and lab, hydraulic civil structures, spare

parts, store , wireless sets, telephone, electric panels etc. shall be handed over to contractor

for M&R purpose and same should be returned to MMC in working condition as soon as the

plant is taken over by MMC for further O and M period to any other party.

29) Any damage/ breakage found from mischievous element found in the system, the

contractor should lodge policy case immediately under intimation to concern Engineer –in –

30) Material consumption register in prescribed format should be maintained by the contractor.

During the visit of Engineer - in - charge if required it should be produced.

31) “The Contractor” shall operate the intake well and associated services, on a continuous 24 hours

basis to pump the raw water.

32) “The Contractor” shall operate and utilize all the control and monitoring systems, provided and

if found to be necessary and if approved by the engineer, shall make adjustments within the

operating range of the control system and equipment so that the plant operation matches the

33) “MMC” shall directly pay all the power bill to GEB/PGVCL but the Contractor shall be required

to be furnished Electricity Consumption in the Schedules provided.

a) Telephone bills shall have to be paid by the successful bidder. No reimbursement shall

b) Electric/Battery operated wireless sets shall be provided by MMC. The hand sets

shall be periodically got checked and repaired through other agency but the operating

of wireless sets and it's battery etc shall be in the scope of the contractor. The

wireless sets shall be kept in running condition for round the clock.

c) Electric/Battery operated flow meter has to maintain by successful bidder. In case

failure of batteries, same has to be replaced by successful bidder at his own cost.

34) All miscellaneous items, for example, vehicles, tools, testing equipment, cleaning or green

keeping equipment, security and safety equipment, electrical fixtures, etc shall be

provided by the Contractor at his expense.

35) a) The Contractor shall provide experienced managerial, technical, supervisory,

administrative and non-technical personnel and labour necessary to operate and

maintain the plant in a scientific way.

b) The qualification and capability of the Contractor's personnel shall be appropriate for

the task they are assigned to perform. The staff provided shall be fully trained in the

operation of the Intake well pumping station before being given responsibility for

operating any part of the plant. If in the opinion of the Engineer, any member of the

Contractors staff is considered to be insufficiently skilled or otherwise inappropriate for

the task he is required to perform, he shall be replaced by the Contract with a person

with the appropriate skills and experience for the task, to the approval of the Engineer.

The Contractor shall be required to submit to the Employer the Schedule of

'Manpower' and 'Organization Chart'.

c) The Curriculum Vitae(CV) /Resumes of the Contractors personnel shall be submitted to

the Engineer for acceptance at least 7 days before the anticipated

commencement of the 0 & M , period. Any change of personnel shall be promptly

informed to the Engineer within a day's time. Normal time duty hours for the

contractors' operation and maintenance personnel may be modified as necessary and

agreed by the Engineer. A rotating shift schedule shall be established by the Contractor

and agreed by the Engineer which shall ensure that an adequate number of the

Contractor's staff, fluent in Hindi as well as Gujarati is on duty at Plants 24 hours per

day, 7 days per Week, including all holidays.

d) Contractor shall submit one photograph of each personnel, with his resume,

permanent address, etc and department shall issue identity cards to each

personnel. Any replacement in Employment by Contractor shall have to be reported in

24 hours to City Engineer special (Drainage). Contractor has to put the name person on

duty shift wise on display board. Display board shall be kept in each pumping station.

36) a) The Contractor shall be responsible for safety on Site during the 0 and M of the Works

by the Contractor.

b) The Contractor's duties with respect to Safety shall include the following:

i) Utilize safety awareness procedures in every element of operation and maintenance.

ii) Give emphasis to site including:

* Safe working and safety procedures as per rules and regulations of Governments

regarding use of protective clothing, gloves, boots and helmet etc.

* Cleanliness of the plants as a whole.

* Awareness of hazardous conditions and accident reporting and necessary compliance.

* Safe practice in Pumping Stations.

37) a) The maintenance service provided by the Contractor for the period specified in the

Contract shall ensure the continuous operation of the Intake well pumping station and

that the breakdown or deterioration in performance, under normal operating

conditions, of any items, of Plant and equipment and component-parts thereof is kept

b) The Contractor shall adhere to the manufacturers' recommendations with respect to

equipment maintenance, the type and grades of lubricants to be used frequency of

lubrication, adjustments to be made regularly and recommended spares to be held in

38) The Contractor shall be responsible for:

a) The maintenance of electrical, mechanical, civil work, plumbing and drainage

b) General Building Maintenance and housekeeping

c) Full maintenance of the site services, cabling and earthling systems, together with the

site road lighting system. Painting of all mechanical structures which are open to sky

once in 2 Years.

d) Site maintenance including the upkeep of landscaped areas.

The building services and housekeeping maintenance shall be undertaken on all

building and services installation.

The Contractor shall ensure that all unwanted or redundant items are removed from

the building and sites. Depending on their condition such items shall either be placed

into storage or disposed off site.

39) a) The stores’ inventory, the issuing and recording of spare parts shall be the

responsibility of the Contractor.

b) The Contractor is also responsible for providing spare parts and material required for

the operation and maintenance during the operation period, including the cost of

storing and safeguarding.

c) The Contractor shall make all necessary arrangements to ensure the continuous supply

of spare parts and material for the works, and the rate of supply of these materials

shall be in such quantities and amounts as would ensure uninterrupted operation.

d) Spare parts shall be supplied by the Contractor and the same shall be used during

Operation and Maintenance Contract period.

e) The contractor shall have to procure the required spares from original manufacture or

authorized dealer at his cost.

40) a) The Employer reserves the right to arrange the visits of VIP's dignitaries, public

representatives and other persons of Social or Political repute, any organization as and

when necessary, to the Sewerage Treatment Plant. The Contractor shall offer full

cooperation to the MMC on the occasions of such visits.

b) Inspection register shall have to be maintained, wherein inspection officers shall note

their instructions duly dated signature. Successful bidder has to follow the instructions

41) On the date of Contract Completion or if the Contract is terminated, all the installations, works

and equipment placed under the Contractor's responsibility shall be handed over to the

Employer, at no cost, in good working order. The Employer may perform any inspections, tests

or expert appraisals he shall consider necessary with a view to checking that the property is in

good working order and shall certify to that effect to the Contractor while taking over.

42) No accommodation I guest house/transportation facility shall be provided by the MMC

43) For smooth & efficient 0 & M of the plant, and in case of emergency just like fire, fault,

accidents, or other rescues operation, the contractor must keep one vehicle with min.

persons seating arrangement at Sewerage Treatment Plant in working condition for 24 hours of

a day & 365 days of the year for the whole contract period.

44) While handing over the spares to the contractor, Contractor should maintain the record of

spares of inventory of utilize the spares.

45) In the event of any dispute or difference arising, the Jurisdiction of the court shall be Morbi

46) It is mandatory for the contractor to operate the pumping machinery not less than limit

efficiency of pump. If deviation is noted in respective energy bill for succeeding month the

difference in amount considering based on KWH shall be invoked through O and M bills of

successful bidders.

Signature and Stamp of Bidder City Engineer (Drainage)

Morbi Municipal Corporation

Operation and Maintenance Services

The Contractor shall be required to perform the following services under these Conditions 1:

The Contractor shall be responsible for corrective maintenance of civil, hydraulic, mechanical, piping,

electrical, instrumentation and computing equipment as well as miscellaneous equipment.

The Contractor shall be responsible for carrying out regular servicing and lubrication of rotary

machines, complying with maintenance instructions as defined in the Operation and Maintenance

Manual, and ensuring that electromechanical equipment and motors operate correctly at all times.

The Contractor shall ensure that measurement systems operate correctly at all times.

The Contractor is responsible for the maintenance of the landscaped areas inside the Employer plant

The Contractor shall be responsible for maintenance of civil structures including intakes, pump houses,

reservoirs, administration buildings, workshops, garages, etc.

The Contractor shall operate and maintain in a state of continuous operational readiness all plant and

systems to meet the flow requirements. It shall remain the Contractor’s responsibility to ensure that

plant systems are at all times able to operate to the maximum capacity of the installed duty plant.

The Contractor shall be entitled to appoint a representative who shall together with Employer's

Representative on the last day of each month or if such day is not a working day on the following day,

jointly carry out a reading of meters and jointly certify the record of such readings.

For the duration of the O and M period, the Contractor shall be responsible for the supply and control

of lubricants, spare parts and consumable materials excluding electrical power, necessary for the

continuous operation of the works.

The Contractor shall manage the consumables and utilities services to ensure their most economic

consumption and to minimize wastage.

The quantities of all the unutilized spare parts and consumable materials shall be fully handed-over to

the Employer at the end of the O and M period.

1 Provided here are certain standard services that MMC could require. However MMC may wish to

review this and make changes depending on the exact nature of services they require from the

The store's inventory, the issuing and recording of spare parts shall be the responsibility of the

The Contractor is also responsible for providing spare parts and material required for the operation and

maintenance during the operation period, and shall bear the cost for the same, including the cost of

storing and safeguarding.

The Contractor shall make all necessary arrangements to ensure the continuous supply of spare parts

and material for the works, and the rate of supply of these materials shall be in such quantities and

amounts as would ensure uninterrupted operation.

All the furniture and administrative office/ laboratory equipment etc. required shall be furnished by the

Contractor. Costs of operating administrative office and supplies shall be borne by the Contractor.

The Contractor shall take out subscriptions for standard telephone lines. Running cost for the

telephone shall be borne by the Contractor.

Cost of operation and maintenance and housekeeping of housing complexes including domestic water

supply and drainage, roads, gardens, electrical installations, etc. shall be borne by the contractor.

The Contractor shall provide the personnel stipulated in Volume II and IV for the full term of operation,

maintenance and training period.

SCHEDULE 2 - Deleted

Performance Guarantees

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

of maximum permissible parameters of treated sewage to be discharged into natural water body,

quantity of sewage to be treated, quality of the sewage etc. as prescribed in the tender document

elsewhere and reviewed by Gujarat Pollution Control Board.

The contractor shall be paid a fix lump sum amount for Five years of O and M contract.

1. O and M cost above shall be inclusive cost of Chemicals and Chlorine with transportation of

grit, sludge up to disposal site and shall be also inclusive of cost for supply of manpower,

repairs and maintenance of all units, spares, consumables, services of any expert as required,

laboratory analysis including laboratory ware and chemicals, and any other work required for

smooth operation and maintenance of entire facility.

2. Power shall be supplied by employer. Cost of diesel for operating DG set during power failure

shall be reimbursed at actual by client after necessary verification by client based operating

hours logged in hour meter and actual power generation in power meter of DG set. Contractor

shall submit required supporting documents to client for verifications and to satisfaction of

3. Cost of obtaining approval from statutory body for transportation and storage etc. charges for

Chlorine/Chemical is also included in scope of contractor.

The monthly report shall include but not be limited to:

Volume of Water pumped upto WTP stipulated elsewhere in the tender the status and progress of the

training programs, Electricity consumed totally.

Inventory of maintenance and tools/tackles used, spares utilized during the month

SEMI-ANNUAL REPORT

A semi-annual report shall include the measurement of noise level at the site boundary at 8 locations,

to be the indicated by the Employer.

Inventory of maintenance and tools/tackles used, spares utilized during the month

The Contractor shall provide the Employer by March 31 of the current year (n) with an annual report

for the preceding year (n-1). This report shall include:

All technical statistics related to plant operation as supplied by the operation;

A statement of works carried out during the preceding year n-1 in connection with the Contractor’s

obligations under these Conditions

Inventory of maintenance and tools/tackles used, spares utilized during the month

Insurance against Injury to Persons and Damage to Property

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

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

of his obligations under these Conditions during the O and M Period.

This insurance shall be with maximum three number of occurrences till the full amount of the tender

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

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

Insurance for Contractor's Personnel

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

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

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

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

Employer's Personnel.

BANK GUARANTEE FOR EARNEST MONEY

In consideration of the Morbi Municipal Corporation, Morbi of the city of Morbi

(hereinafter to as the MMC) having agreed to exempt ------------------------------------ --_ (hereinafter

referred to as “the said Contract”) from the demand of security deposit / earnest money in cash

for the due fulfilment of the terms and conditions of the agreement made between the MMC

the said contractor on for

(hereinafter referred to us “the said

agreement”) on production of Bank Guarantee for Rs. --------------------------------------------------

---- Rupees_ only.

We Bank (hereinafter referred to as

“Bank”) do hereby undertake to pay to the MMC as a amount not exceeding Rs.-----------

---- Rupees _ only on the demand from

Any such demand on the bank shall be conclusive as regards as amount due and payable b y

the bank under this guarantee. However, liability of the bank under this agreement shall be

restricted to an amount not exceeding Rs. Rupees

We the bank further agree that the guarantee herein contain shall remain in full force and

effect during the period that would be taken for the performance of the said agreement and

that it shall continue to be enforceable till all the dues of the MMC under or virtue of the said

agreement have been paid and its claim satisfied or discharged and till a certificate to the effect

has been received by the bank from the MMC. However, unless the demand of claim under

the guarantee is made to the bank in writing on or before the (specify the

date) the bank shall be discharged from all Liabilities under this guarantee.

With the bank further with MMC shall have fullest liberty, without the concert of the bank

without effecting in any manner it obligations herein under to vary any of the terms and

conditions of the said agreement or extend time for performance by the said contract from

time to time or to poIntake well workone for any time or from time to time any of the powers

exercisable by the MMC against the said Contractor and to forebear to enforced any of the

terms and conditions relating to the said agreement and the bank shall not be relieved from

liability b y reason of any such variation, or extension granted to the contractor for any

forbearance, at all omission on the part of the MMC or any indulgence by the MMC to the said

Contractor or b y any such matter or thing whatsoever which under the law relating to sureties

would, but this provision, have the effect of so relieving the Bank.

We the bank undertake not to revoke the

Guarantee during currency except with the previous concert of the MMC in writing.

Dated the day of of

INCOME-TAX CLEARANCE CERTIFICATE

1. Names and style (of the Company, Firm, HUF or Individual) in which the applicant is assessed

or assessable to Income-tax and the addresses for the purpose of assessment:

2. Names and addresses of all Companies, Firms or Associations or persons in which the

applicant is substantially interested in his individual or fiduciary capacity.

3. The Income-tax Circle/Ward/District in which the applicant is assessed to income-tax.

4. The following particulars are to be furnished concerning the Income Tax Assessments for the

preceding four years:

(a) The total contract amount received during the preceding four accounting years

(give date of the closing day of the year being previous year).

(b) Year, Total Income Tax demanded, Tax paid, Balance due, Tax assessed

(i) Tax in Columns 3 and 4 should include all items viz. Income-tax, Sales Tax,

Surcharges, Excess Profit Tax and Port Tax, etc.

(ii) If any tax remains unpaid, the reasons should be explained in an attached

(c) In case there has been no income-tax assessment in any year, whether returns have

been submitted under Section 22 (1) or 22(2) or tax has been paid in advance under

Sections 18(A) (3) of the Act and if so, the amount of income returned for each year

and tax for each of the four years mentioned above and the name of Income-tax

Circle/Ward/District concerned where such returns have been paid. Give reasons

why the income-tax is not assessed.

(d) Whether any attachment or certificate proceedings pending in respect of the

(e) The name and address of Branch(s), if any.

I declare that the above information is correct and complete to the best of my information

Signature of the Contractor

Registered No. Signature

In my opinion, the assesse mentioned above has been doing everything possible to pay the tax

demanded promptly and regularly and to facilitate the completion of the pending proceedings.

This will remain valid for one year from the date of issue. Signature of the Income-tax officer

INCOME TAX CLEARANCE CERTIFICATE

1. Name of style (of the Company,

Firm, HUF of Individual) in which

The tenderer is assessed or

Assessable to Income-tax and the

Addresses for the purpose of assessment

2. Name of address of all Companies,

Firms or Associations of persons

In which the applicant is substantially

interested in his individual

Fiduciary capacity.

3. The Income-Tax Circle/Ward/District In

which the tenderer is assessed to

4. Reference number of the assessment

and assessment year

Address: Signature of the Firm

Names and private residential

Addresses of the partners

Constituting the firm:

(Tenderer to strike out whichever is not applicable)

PERFORMANCE BOND

(See Clause No. 1(b)) (5% of the Tendered cost)

(The date of this bond must not be prior to the date of the instrument in connection with which it to

Principal (Contractor)

Sum of bond (Express in words and figures)

Contract No. Date of Contract

KNOW ALL MEN BY THESE PRESENTS, THAT WE, THE PRINCIPALS AND SURETY

above mentioned are held and firmly bound unto the Municipal Commissioner, Morbi Municipal

Corporation, Morbi owner of the work of Name of Work : “Design, Engineering, Procuring,

Constructing and Commissioning (EPC) for RCC Intake well of 150 MLD capacity at Machhu-2 Dam

site, Approach bridge, Pump house and Ancillary civil works with Electro-Mechanical-

Instrumentation work including Operation and Maintenance for Two years at Morbi (2nd

Attempt)” called the "employer" in the amount stated for payment of which sum, well and

truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly

and severally, firmly by these presents subject to the provisions of which the aforesaid contract on

demand and without demand on a claim being made by the "employer".

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principals herein after called

contractor viz. have entered into a contract with the Employer numbered and dates as shown

above and hereto attached for the execution of work.

NOW THEREFORE, if the principal shall well and truly perform and fulfil all the under takings,

covenants, terms, conditions and agreements, of said contract during the original terms of the

said contract and any extensions thereof, they may be granted by the employer with or without

notice to the surety and during the lift of any guarantee required under the contract and shall also

well and truly perform, and fulfil all the undertakings, contract, terms, conditions and agreements of

any and all duly authorized modifications of said contract that may hereafter be made, notice of

which modifications to the surety being hereby waived or shall pay over, make good and reimburse

to the employer all losses and damages which the employer may sustain by reason of failure or

default on the part of said principal so to do.

We further agree that guarantee herein contained shall remain in full

force and affect during the period that would be taken for the validity of the said

contract and that it shall continue to be enforceable till all the dues of the employer under or by

virtue of the contract have been fully paid and its claims satisfied of discharged or till the Employer

certifies that the terms and conditions of the contract have been fully and properly carried out by

the said contractor and accordingly discharges the guarantee. Unless a demand or claim under this

guarantee is made on us in writing on or before the

we shall be discharged from all liability under this

guarantee thereafter.

IN WITNESS WHEREOF the above bounded parties have executed this instrument under their

several on the date indicated above the name and corporate seal of each corporate party being

hereto affixed and these presents duly signed by its undersigned representative, pursuant to

authority of its governing body.

In the presence of Individual Principal

2. as to (Seal)

3. as to (Seal)

4. as to (Seal)

Attested By Corporate Surety

Business Address

Attested By Corporate Seal

Title For and on behalf of the employer

FORMAT FOR MEMORENDEM OF UNDERSTANDING (MOU) FOR DRIVING OF INTAKE WELL / WORK

OF MECHANICAL, ELECTRICAL , INSTRUMENTATION WORK / O & M WORK (To be made on Rs.

stamp paper and notarized to be submitted along with Technical Bid)

This Tie-up Agreement (herein referred as TTA) is entered into on date , 2024 by and

between M/s. .…………………………. (Name of Company) (Hereinafter referred as `………’) a company

incorporated under the Companies Act 1956 with a Registered Office at …………………..

M/s .................................. (executor), a company incorporated under the Companies Act 1956 with a

Registered office at …………………………., (herein referred as ‘.......... ’).

WHEREAS M/s ( ........ ) is in the business of turnkey execution of intake well project.

WHEREAS M/s (.........) is in the business of design, engineering and supply of components for

intake well works

WHEREAS The Commissioner, Morbi Municipal Corporation, Morbi (hereinafter referred as MMC)

has invited tender for “Design, Engineering, Procuring, Constructing and Commissioning (EPC)

for RCC Intake well of 150 MLD capacity at Machhu-2 Dam site, Approach bridge, Pump house

and Ancillary civil works with Electro-Mechanical-Instrumentation work including Operation and

Maintenance for Two years at Morbi (3rd Attempt)” after satisfactory commissioning, trial run &

acceptance of the entire system for MMC.

This TTA is executed specifically for the above mentioned work and cannot be used for any other

M/s (.........) is submitting its bid as a main contractor and M/s (.........) has decided to enter into an

exclusive tie up agreement with M/s (.........) to engage them exclusively as Executor for

as a part of the above mentioned work for this tender invited by

MMC. Now, therefore both the parties hereto agree as follows:

1. M/s (.........) is submitting its bid only and exclusively with M/s (.......... ).

2. M/s (.........) will be the Executor to M/s (......... ) for the Intake well works

3. M/s (.........) shall provide following services and equipment to M/s (.......... ):

a. Basic engineering for the Intake well works.

b. Supply of all equipment and instruments as part of the Intake well

works along with back-up guarantee for performance as per the tender requirement.

Back up guarantee for performance shall be applicable and valid only in case all design

and documents for the complete INTAKE WELL WORK is in accordance with design

guidelines and all documents and drawings are reviewed stamped and signed by the

Executor M/s ( ......... ).

c. Shall provide supervision assistance during erection, commissioning, performance

testing and trial runs of the INTAKE WELL WORK on

d. Shall provide supervision assistance during O and M period of the INTAKE WELL WORK

for the Technology units of the INTAKE WELL WORK if

required on a chargeable basis.

4. M/s (.........) will be the main contractor and the authority to sign the agreement with MMC

and accept responsibility and obligation for the works will rest with main contractor and

shall be responsible to the client MMC. M/s ( ), in turn, shall be responsible and liable to

M/s (.........) for their scope of work. Further M/s ( ) shall furnish bank guarantees for due

security, performance and O and M and all other such obligations under the project as a

5. M/s ( ........ ) shall provide and commit such resources as are necessary to perform their scope

of work for the successful completion of the project. M/s (.......... ) shall also attend all review

meeting over the project as and when called for by MMC till the completion of the project.

6. M/s. (……) shall make all payments due to M/s ( ...... ) or to their accredited representative as

per their offer.

7. Each Party hereto in relation with the other is solely responsible and liable for their respective

Scope of Work, to be mutually agreed between the Parties and incorporated in a detailed

Agreement/Purchase Order to be entered into between the Parties before start of work for

the above mentioned work. Such detailed Agreement / Purchase Order shall deal with

technical and financial aspects of the project.

8. Each Party agrees to and undertakes to indemnify and hold harmless the other Party against

any liability, loss, cost, damages or expenses sustained as a result of negligent or improper

performance or disturbance caused by itself or by any of its sub-contractors, suppliers or

associates in connection with its share of Works as per the Contract. If any third party enforces

any claim, which is attributable to the scope of work of a certain party, that Party shall settle

such claims. The Parties agree to indemnify each other against all claims made by any third

party in respect of any infringements of any rights protected by patents, designs or copyrights

or trademarks employed in the Project by any Party.

9. In the course of working as associates, M/s (.........)/M/s ( ) will be sharing information

with each other which may be proprietary/confidential information/knowledge acquired by

each other. It is hereby agreed that both the parties will maintain complete secrecy regarding

such information/knowledge and will not divulge to any party for any other purpose except for

the success of the joint execution of the contract.

10. M/s (……..) shall quote only on Technology of M/s (........ ) and will

not offer any alternate Technology in the above Tender of MMC.

11. Disputes if any arising in connection with this agreement shall, at the first place, be referred

and settled mutually and amicably between the Parties herein through their respective senior

executive without making reference to the arbitration. In the extreme unlikely case, where no

reconciliation is reached within sixty (60) days from reference for the dispute to the other

party by the dispute raising party, such dispute shall be settled by arbitration in accordance

with the provisions of the Arbitration & Conciliation Act, 1996 and/or any statutory

amendments thereto. The number of arbitrators shall be three. Each Party shall nominate

their respective arbitrators and both the nominated arbitrators shall appoint the third

arbitrator who shall act as the Presiding arbitrator. The venue of arbitration shall be

Morbi and the language used shall be English. The arbitral award shall be final and binding

upon the Parties. Neither Party shall be released from its obligations to comply with any of the

provisions of this Agreement, the contract and the detailed agreement as a result of reference

of disputes to arbitration or during the course of arbitral proceeding.

12. This MOU shall be effective from the date as mentioned in the first page of the MOU and shall

remain valid till the project completion and shall terminate on the happening of any of the

a. The pre-qualification application submitted by M/s (.........) is rejected or M/s ( ..........) is

unsuccessful in the bid.

b. The contract for the Works has been awarded to other third parties.

c. The client notifies the parties that they will not proceed with the project.

d. Any of the parties to the Agreement is declared insolvent by a Court of Competent

13. This agreement shall be subject to the laws in India and shall be subject to the jurisdiction of

the court at Morbi only.

14. For the sake of correspondence following addresses and the persons concerned are to be

For M/s. ......... (Bidder) For M/s............ (Executor)

(Authorized Signatory) (Authorized Signatory)

Designation: Designation: