Vol II Conditions - of - Contract - L2P4 PDF

SAUNI Yojana - Phase: II, Link - 2, Package - 4
Sauni Yojna - Phase: II, Link - 2, Package - 4: Engineering,

Procurement and Construction (EPC) Contract for Supplying and
laying MS Pipeline of 3000mm dia. (ID) for Length of MS Twin
Pipeline 27.711 Km (Total Length – 55.422 Km) from Bhimdad at
Ch. 0.0 Km to Kalubhar at Ch. 27.711 Km with all allied works etc.
complete including Operation and Maintenance of the
commissioned project for 10 years.
Tender Document, Vol II - Conditions of Contract
NWRWS&KD
GOVERNMENT OF GUJARAT
NARMADA, WATER RESOURCES, WATER SUPPLY
& KALPSAR DEPARTMENT
Tender Cost
Name of the Work Time limit for the Work
(In Crores)
Sauni Yojna - Phase: II, Link - 2, Package - 4: 676.06 Time Limit 24 months for
Engineering, Procurement and Construction Construction and 10 years
(EPC) Contract for Supplying and laying MS for Operation &
Pipeline of 3000mm dia. (ID) for Length of Maintenance after
MS Twin Pipeline 27.711 Km (Total Length – commissioning
55.422 Km) from Bhimdad at Ch. 0.0 Km to
Kalubhar at Ch. 27.711 Km with all allied
works etc. complete including Operation and
Maintenance of the commissioned project for
10 years
VOLUME II: CONDITIONS OF CONTRACT
VOLUME – I PRE – QUALIFICATION BID AND TECHNICAL DATA-SHEETS FOR

CIVIL, MECHANICAL AND INSTRUMENTATION WORKS
VOLUME – II CONDITIONS OF CONTRACT
VOLUME – III(A) TECHNICAL SPECIFICATIONS FOR CIVIL WORKS
VOLUME – III(B) TECHNICAL SPECIFICATIONS FOR MECHANICAL AND

INSTRUMENTATION WORKS
VOLUME – III(C) DRAWINGS
VOLUME – III(D) TECHNICAL BID
VOLUME – III(E) OPERATION & MAINTENANCE – SCOPE & SPECIFICATIONS
VOLUME – IV PRICE BID

Content
Chapter Title Page
Project Introduction 1
1. Project Introduction: _________________________________________________________________ 1
2. Description of Link 2 _________________________________________________________________ 1
3. Scope of work under this Package - 4: ___________________________________________________ 2
1. Conditions of Contract 7
Clause 1 - Supply of Materials etc. by the Contractor __________________________________________________ 7
Clause 2 - Execution of Work _____________________________________________________________________ 7
Clause 3 - Drawings and Specifications _____________________________________________________________ 7
Clause 4 - Control over work _____________________________________________________________________ 7
Clause 5 - Alterations in Drawings or Specifications etc. ________________________________________________ 7
Clause 6 - Power to make Additions and Alterations in Drawings or Specifications etc. ________________________ 8
Clause 7 - Materials Left on Site __________________________________________________________________ 8
Clause 8 - Removal and Substitution of Materials _____________________________________________________ 8
Clause 9 - Action in Case of Improper Materials and Workmanship _______________________________________ 9
Clause 10 - Action and Compensation Payable in Case of Bad Work ______________________________________ 9
Clause 10A - Maintenance and repairs of the structure, pipeline, electro mechanical & Instrumentation systems
and all allied works during guaranteed period _____________________________________________ 9
Clause 11 - Responsibility of contractor for damage by fire etc.__________________________________________ 10
Clause 12 - Execution of works not Included in the Contract ____________________________________________ 10
Clause 13 - Extension of Time ___________________________________________________________________ 10
Clause 14 - Final Certificates ____________________________________________________________________ 11
1.1 Interim Certificate (Phase I) – To be issued after the Successful commissioning of pipeline. _________ 11
1.2 Completion Certificate (Phase II) – To be issued after the completion & commissioning of all items of
civil, mechanical, electrical and instrumentation (Maximum 3 Months after completion of Phase – I) __ 12
1.3 Completion Certificate (Phase III) – To be issued after the Successful Completion of Defect Liability
Period ___________________________________________________________________________ 12
1.4 Final Certificate – to be issued after the Successful Completion of Total O&M Period of 10 years ____ 12
Clause 15 - Action when Contractor becomes bankrupt, etc. ____________________________________________ 13
Clause 16 - Payment of Contractor for Work Done ___________________________________________________ 13
Clause 17 – Certificate – Deleted _________________________________________________________________ 13
Clause 18 - No Claims for any Payments of Compensation for Change or Restriction of Work __________________ 13
Clause 18A – Deleted _________________________________________________________________________ 14
Clause 19 - Compensation under the Workmen’s Compensation Act _____________________________________ 14
Clause 20 - Royalty ___________________________________________________________________________ 14
Clause 21 - Security Deposit ____________________________________________________________________ 15
Clause 22 - Liquidated Damages for Delay _________________________________________________________ 17
Clause 23 - Action When Progress of any particular proportion of the work is unsatisfactory or default by
contractor ________________________________________________________________________ 18
Clause 24 - Liability for damages arising from Non-Provision of light, fencing etc. ___________________________ 19
Clause 25 - Liability of Contractor for any damage done in or outside work area_____________________________ 19
Clause 26 - Work on Sunday ____________________________________________________________________ 19
Clause 27 - Minimum Age of Persons Employed and the Employment of Donkeys and / or other Animals and the
Payment of Fair Wages _____________________________________________________________ 19
Clause 28 - Method of Payment __________________________________________________________________ 20
Clause 29 - Acceptance of conditions compulsory before tendering for work _______________________________ 20
Clause 30 - Employment of Scarcity Labour ________________________________________________________ 20
Multi Mantech International Pvt. Ltd

Clause 31 - Requirement of Labourers from Employment Exchange ______________________________________ 20

Clause 32 - Vaccination against Small Pox _________________________________________________________ 20
Clause 33 - Supply of Gum Boots and other Personal Protective Equipment _______________________________ 20
Clause 34 – Return of Empty Drums – Deleted ______________________________________________________ 21
Clause 35 – Power Roller on rental basis – Deleted __________________________________________________ 21
Clause 36 - Price Variation ______________________________________________________________________ 21
A. Labour: __________________________________________________________________________ 21
B. Materials Other than Cement and Steel _________________________________________________ 21
C. P.O.L ____________________________________________________________________________ 22
D. Condition for Variation except for Cement and Steel _______________________________________ 22
Clause 36A - Price variation for Cement and Steel brought by Contractor __________________________________ 23
Clause 37 - Accommodation and Sanitary Arrangements in Labour Camps ________________________________ 25
1. Huts ____________________________________________________________________________ 25
2. Drinking Water ____________________________________________________________________ 25
3. Semi-Permanent Latrines ____________________________________________________________ 25
4. Privacy in Latrines __________________________________________________________________ 26
5. Notice to be displayed outside Latrines and Urinals ________________________________________ 26
6. Urinals ___________________________________________________________________________ 26
7. Latrines and Urinals to be Accessible ___________________________________________________ 26
8. Water for Latrines and Urinals ________________________________________________________ 26
9. Bathing and Washing Places _________________________________________________________ 26
10. Drainage _________________________________________________________________________ 26
11. Medical Facilities ___________________________________________________________________ 27
12. Conservancy and Cleanliness_________________________________________________________ 27
13. Health Provision ___________________________________________________________________ 27
14. Precautions against Epidemic _________________________________________________________ 27
15. Rest Rooms ______________________________________________________________________ 28
16. Canteen Facilities __________________________________________________________________ 28
17. Accommodation in Canteen __________________________________________________________ 28
18. Accommodation in Dining Hall ________________________________________________________ 29
19. Equipment in Canteen ______________________________________________________________ 29
20. Food Stuff to be served ______________________________________________________________ 29
21. Prices to be displayed _______________________________________________________________ 29
22. Canteen to be run on “No Profit No Loss” ________________________________________________ 29
23. Books of Accounts and Registers of the Canteen __________________________________________ 30
24. Audit of the Accounts of the Canteen ___________________________________________________ 30
Clause 38 - Contractor to Supply Plant, Ladders, and scaffolding etc. and is liable for damage arising from non-
provision of lights, fencing etc. ________________________________________________________ 30
Clause 39 - Not Distinction towards Dalits __________________________________________________________ 33
Clause 40 - Expenses for Medical Aid _____________________________________________________________ 33
Clause 40A - Safety Equipment for Employees ______________________________________________________ 33
Clause 41 - Access to Site and Work on Site ________________________________________________________ 33
Clause 42 - Reports Regarding Labour ____________________________________________________________ 33
Clause 43 - Treasure Trove _____________________________________________________________________ 34
Clause 44 - Indemnity _________________________________________________________________________ 34
Clause 45 - Setting Out ________________________________________________________________________ 34
Clause 46 - Cement Register ____________________________________________________________________ 35
Clause 47 - Materials and Works Test Registers _____________________________________________________ 35
Clause 48 - Progress Schedules _________________________________________________________________ 35
Clause 49 - Value Added Tax (VAT), Swatch Bharat cess & Krishi Cess __________________________________ 36
Clause 50 - Rent for land _______________________________________________________________________ 36
Clause 51 - Secured Advance to Contractors – Deleted _______________________________________________ 37
Clause 52 - Advance Against Machineries – Deleted__________________________________________________ 37
Clause 53 - Mobilisation Advance ________________________________________________________________ 37
Clause 54 – Program of work ____________________________________________________________________ 37

Clause 55 - Removal of Contractor’s Employees _____________________________________________________ 38

Clause 56 - Inspection of work and material ________________________________________________________ 38
Clause 57 - Testing of Material and works __________________________________________________________ 39
Clause 58 - Unauthorized and Defective works ______________________________________________________ 40
Clause 59 - Night Work ________________________________________________________________________ 40
Clause 60 - Contractor’s Site Office _______________________________________________________________ 41
Clause 61 - Work Order Book ___________________________________________________________________ 41
Clause 62 - Explosives and Inflammable Materials ___________________________________________________ 41
Clause 63 - Storage of Cement and Steel __________________________________________________________ 42
Clause 64 - Materials to be supplied by Government - Deleted __________________________________________ 42
Clause 65 - Care, Maintenance and Repair of Works _________________________________________________ 42
Clause 66 - Co-Operation with Other Construction Agencies ___________________________________________ 42
Clause 67 - Compliance of laws __________________________________________________________________ 43
Clause 68 - Patented Devices, Materials and processes _______________________________________________ 43
Clause 69 - Convenience of traffic ________________________________________________________________ 43
Clause 70 - Prevention of Nuisance and Pollution ____________________________________________________ 44
Clause 71 - Trespass __________________________________________________________________________ 44
Clause 72 - No Waiving of Legal Right and Power ____________________________________________________ 44
Clause 73 - Police Protection ____________________________________________________________________ 44
Clause 74 - Land Required by Contractor __________________________________________________________ 44
Clause 75 - Charge in Prices, Rates, Wages etc. subsequent to the Acceptance of the Tender _________________ 45
Clause 76 - Settlement of disputes and Arbitration ___________________________________________________ 45
Clause 76A - Appeal to Chief Engineer ____________________________________________________________ 45
Clause 76B - Arbitration ________________________________________________________________________ 45
Clause 77 - Empty Cement Bags – (Deleted)________________________________________________________ 46
Clause 78 – Building and other construction welfare Cess Act __________________________________________ 46
Clause 79 – Default by the Contractor _____________________________________________________________ 46
Clause 80 – Work not to be sublet. Contractor may be rescinded and security deposit forfeited for subletting or for
bribing a public officer or if contractor becomes insolvent ____________________________________ 46
Clause 81 - Insurance _________________________________________________________________________ 47
2. General Conditions of Contract 52

2.1 Preface __________________________________________________________________________ 52
2.2 Definitions and Interpretations ________________________________________________________ 52
2.3 Contractor’s Obligations _____________________________________________________________ 56
2.4 Government / NWRWS & KD Authorized to Withheld Payment due to the Contractors _____________ 57
2.5 Contract Drawings and Specifications __________________________________________________ 58
2.6 Base Lines and Grades _____________________________________________________________ 59
2.7 Liability of Accidents to Persons _______________________________________________________ 59
2.8 Interest on Money Due to Contractors __________________________________________________ 60
2.9 Plans and Drawings ________________________________________________________________ 60
2.10 Reference Marks, Bench Marks, Topographical Survey and Geotechnical Investigations ___________ 61
2.11 Plant, Material and Workmanship ______________________________________________________ 61
2.12 Excise Duty, Sales Tax and Other Taxes ________________________________________________ 62
2.13 Contract Drawings and Specifications __________________________________________________ 63
2.14 Use of Site _______________________________________________________________________ 63
2.15 Work on Site ______________________________________________________________________ 64
2.16 Force Majeure _____________________________________________________________________ 65
3. Special Conditions of Contract 67

3.1 Accuracy of Lines, Levels and Grades _________________________________________________ 67
3.2 Testing of Materials and Works ________________________________________________________ 67
3.2..1 Contractor’s Obligations: _____________________________________________________________ 68
3.2..2 Pipeline Hydro Testing ______________________________________________________________ 68
3.2..3 Delayed Tests _____________________________________________________________________ 69

3.2..4 Re-testing ________________________________________________________________________ 69

3.3 Loans of Government’s Tools, Plants & Machinery – Deleted _______________________________ 69
3.4 Assistance in procurement of properties, permits, import license, exchange facilities etc. ___________ 69
3.5 Security Measures _________________________________________________________________ 69
3.6 Dewatering and Diversion as and Where Needed _________________________________________ 69
3.7 Applicability of Specifications _________________________________________________________ 69
3.8 Protection of Environment ____________________________________________________________ 70
3.9 Training __________________________________________________________________________ 71
3.10 Management Meetings ______________________________________________________________ 71
3.11 Changes in Design and Drawings ______________________________________________________ 71
3.12 Liquidated Damages Criteria__________________________________________________________ 72
3.13 Rectification during Defect Liability Period _______________________________________________ 72
3.14 Time and admissible payment ________________________________________________________ 72
3.15 Condition regarding Vendor List ______________________________________________________ 72
3.16 Third Party Inspection _______________________________________________________________ 73
3.17 Precedence of Documents in case of Discrepancy _________________________________________ 73
3.18 Office and Vehicle for Department _____________________________________________________ 73
3.19 Documents to be submitted by the Contractor ____________________________________________ 73
4. Approved Vendor List 75

4.1 Approved Vendor List – Civil __________________________________________________________ 75
4.2 Approved Vendor List – Mechanical ____________________________________________________ 78
4.3 Approved Vendor List – Instrumentation _________________________________________________ 80

Project Introduction
1. Project Introduction:
Gujarat State is a water scarce state and has vast variation in rainfall in its own regions;
several parts of the State face floods during monsoon, at the same time several parts are
drought affected. The Saurashtra region is scarce in its water resources thereby affecting
its overall development.
 The Gujarat Government has decided to augment various reservoirs of Saurashtra region
by construction of pipeline / feeder canals. The entire project is named as “Saurashtra
Narmada Avtran Irrigation Yojana (SAUNI Yojana)”. The entire works have been planned
to be executed in different links, in phased manner. The project is to be executed in the
four numbers of different links. These are named as:
 Link 1 (Machhu II to Sani)
 Link 2 (Limdi Bhogavo II to Raidy)
 Link 3 (Wadhwan Bhogavo II to Venu I)
 Link 4 (Limdi Bhogavo II to Hiran II)
In this Particular tender, part scope of Link 1 is covered, which is defined briefly in below
section.
2. Description of Link 2
Link-2 off-takes from Limdi Bhogavo II Reservoir at Vadod and finally drain into Raidy
reservoir, Length of Rising main pipeline between this two reservoirs is approximately
232.5 km. and enroute feeder lines are of approximately 20.3 km. accordingly total length
of the Link works out to be approximately 253.1 km.
It is envisaged that this Link will augment reservoirs listed in the below mentioned table
either through natural rivers or by feeders (Lifting and Gravity). Reservoirs given below
will be fed either through Main line or through feeders; all the remaining ones will be filled
through natural course of rivers.
Ranghola, Rajawal, Shetrunji, Rojki, Malan, Dhantarwadi and Raidy are on the main line.
Malpara, Surajwadi, Bhimdad though Lift feeder.
Hanol, Kharo and Dhantawadi though gravity feeder.
Multi Mantech International Pvt. Ltd.

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Sr.No. Reservoir District Sr.No. Reservoir District
1 Limdi Bhogavo-II Surendranagar 10 Dhatarwadi II Amreli
2 Kalubhar Bhavnagar 11 Bhimdad Bhavnagar
3 Malpara Bhavnagar 12 Shetrunji Bhavnagar
4 Kharo Bhavnagar 13 Surajwadi Amreli
5 Hanol Bhavnagar 14 Ranghola Bhavnagar
6 Bagad Bhavnagar 15 Rajawal Bhavnagar
7 Malan Bhavnagar 16 Nikol B Bhavnagar
8 Malan TR Bhavnagar 17 Rojki Bhavnagar
9 Dhatarwadi I Amreli 18 Raidy Amreli
Subsequent to above description of Link 2, approximate length from Limdi Bhogavo II

reservoir to Bhimdad reservoir is 51 km. It is planned to convey water from Limdi Bhogavo
II reservoir to Bhimdad reservoir for which works are taken up in Package – 1, Package -
2 and Package – 3.
The works to lift water from Limdi Bhogavo II reservoir and convey through twin pipelines
under the scope of work. The lifted water from Limdi Bhogavo II reservoir shall be
delivered the junction point at chainage 14 km. Such water received will be further
conveyed through system of pipeline and pumping station(s) to augment the reservoirs
listed in above table.
Now in this proposed package twin pipeline from Bhimdad reservoir to Kalubhar reservoir
is to be taken up. The length of the twin pipeline is 27.711 Km. The pipeline for Malpara
Branch is also included in this package.
3. Scope of work under this Package - 4:
The scope of the work broadly comprise of the following, however, the same is not
exhaustive. The contractor shall consider all other allied works which are not specified
here under, however, the same are necessary for satisfactory completion and operation of
the project, at the desired service level.
a. Topographical survey:
Contractor of Package-4 shall prepare engineering details from tail end of pipeline under
Package -3 at Bhimdad reservoir at Ch. 0.0 Km to Kalubhar Ch. 27.711 Km. Alignment
along with the crossings, Feeders/ off take Points.
b. Geo-technical investigation and residual detail engineering etc:
The scope of work covered under this Package-4 is from Bhimdad reservoir at Ch. 0.0 Km
to Kalubhar Ch. 27.711 Km. The contractor shall carry out and submit all the geotechnical
details for this length including feeder & off take lines/ points. Detail engineering and

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construction of various crossings shall also be carried out by this Package contractor. The
contractor of this package shall get approval of Department for all the above
c. Detail Engineering, Surge Control system and valves/ fittings, Instrumentation:
Contractor shall prepare the design requirement of surge control system and valves /
fittings, instrumentation from Bhimdad reservoir at Ch. 0.0 Km to Kalubhar Ch. 27.711 Km
and including with crossings, branchs, offtake point etc. and carried out work after getting
approved from department
d. Construction of Civil, Mechanical and Instrumentation works:
 This Package - 4 includes residual engineering, procurement, supplying and laying of twin
MS pipeline of 3000 mm dia. (ID), surge control system and all allied components from
Ch. 0.0 km (near Bhimdad reservoir) to Ch. 27.711 Km (near Kalubhar reservoir) including
Operation & Maintenance of the same for 10 years
Further to this the contractor of Package-4 shall note the following Explicitly
i) Details of L2P3
 Flow of water to be lifted from Limdi Bhogavo II Reservoir is envisaged to be of 29.93

Cumecs, which is covered under package-3.
 VT pump installed at Kaniyad – 8 (W) + 2 (S) = 10 Nos
 Design Discharge of each pump 1345 m3/hr
 Head of pumping machineries – 30 m.
 FSL of Sump is Kaniyad – 106.80 m
 Minimum water level in sump - 103.8 m
ii) Details of L2P4
 G.L. at Bhimdad – 109.903 m

 Hydraulic Gradient Line at Bhimdad – 113.00 m
 The Main line pipe system to be designed for 30 years
 Instrumentation works to be designed for 15 years
 Civil structures and steel structures to be designed for 60 years
 The items and consumable which are having life lesser than the O&M period of 10 years
shall be replaced as and when their life ends and or as per manufacturer recommendation
to upkeep the system operations in good working conditions.
Design Requirement
The bidder has to design the system for water requirement as under
(A) Pipeline from Bhimdad reservoir to Malpara reservoir.
1) Pipeline from Bhimdad reservoir to Branch of Malpara at Ch. 26.525 Km

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- 29.28 Cumecs
2) From branch of Malpara at Ch. 26.525 Km to Kalubhar at Ch. 27.711km.
- 28.79 Cumecs
(B) Pipeline Branch for Malpara at Ch. 26.525 km. - 0.49 Cumecs
(C) Outlet for Kalubhar reservoir - 1.97 Cumecs
(D) Water to be delivered for package-5 at Tail end - 26.82 Cumecs
Note: The above levels are indicative only and shall be reconfirmed by the contractor.
The bidder has to design and construct the system considering requirement as above.
However the contractor has to provide minimum pipe dia. (ID) & thickness as per price bid
Vol : IV
e. In order to clarify the roles & responsibilities of the contractor of this package,
following table shall be followed broadly. Though, the details covered in the Table
are not exhaustive, any items/ activities that may be necessary for the satisfactory
performance of the system shall have to be executed by the contractor.
Sr. Package - 4 - From Ch. 0.0 km. to

Scope of work
No. Ch. 27.711 Km.
1 Topographical Survey
 Pipe Alignment along with the crossings To be carried out for Bhimdad at Ch.
0.0 km. to Ch. 27.711 km
(To be completed within 1 month from
issue of Work Order)
 For all the Feeders & Off take points To be carried-out for Branch pipeline
Malpara and Kalubhar.
2 Geotechnical Investigation
 Pipe Alignment along with the crossings To be carried out for Bhimdad at Ch.
0.0 km. to Ch. 27.711 km
 For Feeder & Off take points To be carried-out for Branch pipeline

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Scope of work
No. Ch. 27.711 Km.
3 Detail engineering and construction of various To be carried out for Bhimdad at Ch.
crossings (River/ Road / Nalla / Drain / any 0.0 km. to Ch. 27.711 km and Branch
Pipeline/ Telecommunication & Electrical pipeline Malpara and Kalubhar
cables / railway crossing / any type of (All the activities pertaining to
crossings necessary approvals / clearance from
the concerned authorities (e.g. Road /
Railway/Forest etc.) shall be
completed within 1.5 month from
4 Detail Engineering including mandatory
connection details for execution of works:
 For the Transmission main To be carried out for Bhimdad at Ch.
0.0 km. to Ch. 27.711 km
 For Feeder & Off take points To be carried-out for Branch pipeline
5 Surge Control system Design & Details etc. To be carried out for Bhimdad at Ch.
0.0 km. to Ch. 27.711 km and Branch
pipeline Malpara and Kalubhar.
(To be completed within 1.5 month
from issue of Work Order)
6 Design and details for all types of Valves/
Fittings, Instrumentation & Automation
including Drawings such as General
Arrangement and connection details
 Transmission Main, from Ch. 0.0 km to Ch. To be carried out for Bhimdad at Ch.
27.711 Kms. 0.0 km. to Ch. 27.711 km and Branch
pipeline Malpara and Kalubhar
(To be completed within 1.5 month
from issue of Work Order)
7 Construction (including design for balance To be carried out for Bhimdad at Ch.
works) of all types of (a) Civil (b) Mechanical (c) 0.0 km. to Ch. 27.711 km and Branch
Electrical and (d) Instrumentation & pipeline Malpara and Kalubhar
Automation and (e) other related allied works
including Supply, testing, Installation and
commissioning.
8 Connectivity at Ch. 0.0 Kms. To be carried out by contractor of this

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Scope of work
No. Ch. 27.711 Km.
package at Ch. 0.0 km. from the
existing tail pipeline of L2P3.
9 Testing and Commissioning
 Hydro-testing - From Ch. 0.0 km to Ch. To be carried out for Bhimdad at Ch.
27.711 Km. 0.0 km. to Ch. 27.711 km and Branch
C – Value and other Guaranteed Technical To be carried out for Bhimdad at Ch.
Parameters like DISCHARGE, Power 0.0 km. to Ch. 27.711 km and Branch
Consumption, Efficiency and Transformer Losses pipeline Malpara and Kalubhar
etc. - From Ch. 0.0 km to Ch. 27.711 Km
C-Value and other Guaranteed Technical To be carried out for Bhimdad at Ch.
Parameters as detailed in the tender 0.0 km. to Ch. 27.711 km and Branch
documents pipeline Malpara and Kalubhar
10 Operation & Maintenance as detailed in the To be carried out for Bhimdad at Ch.
tender documents 0.0 km. to Ch. 27.711 km and Branch
f. Hydro testing & Commissioning:
I. The contractor of this Package 4 shall be responsible for achieving system

guaranteed parameters covered under this tender.
II. All system guaranteed parameters specified in this tender shall be measured as per
the contract specifications and contract conditions. However, if the desired
guaranteed parameters could not be achieved due to reasons attributable to the
contractor, the entire responsibility solely lies on the contractor.

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1. Conditions of Contract
Clause 1 - Supply of Materials etc. by the Contractor
The contractor(s) is/are to provide every article or thing (with the exception noted in
Schedule-A of this conditions of contract attached) which may be necessary and
requisite for the due and proper execution of the several works included in the contract
according to the true intent and meaning of the drawings and specifications taken
together which are to be signed by the Executive Engineer and by the contractors
whether the same may or may not have been particularly described in the contract
documents.
Clause 2 - Execution of Work
The contractor shall set out the whole of works as per tender documents. The contractor
shall carry out the final design and detail engineering followed by detail construction
drawings and these shall got approved by the Engineer-in-charge before execution of
works. In case, during the progress of the works, the contractor shall set-right as
instructed by the Executive Engineer or his authorised representative for any errors in
the approved drawings/ specifications, which may be found therein and shall provide all
necessary labour and materials for the purpose without any extra cost. All materials and
workmanship are to be the best of their respective kinds. The contractor(s) shall leave
the works in all respects clean and perfect at the completion thereof.
Clause 3 - Drawings and Specifications
Complete set of the drawings and specifications approved/ signed by the Executive
Engineer shall be furnished by him to the contractor(s) for his/ their own use and the
same or copies thereof shall be kept on the buildings/ office in charge of the
contractor’s (s) agent who is to be constantly kept at the SITE by the contractor
(s) and to whom the instructions can be given by the Executive Engineer.
Clause 4 - Control over work
The Executive Engineer shall have at all times access to the works, which are to be
entirely under his control. He may require the contractor(s) to dismiss any person in the
contractor(s) employment upon the work if such person is in his opinion incompetent or
misconducts himself and the contractor(s) shall forthwith comply with every such
requirement.
Clause 5 - Alterations in Drawings or Specifications etc.
The contractor(s) shall not vary or deviate from the drawings or specifications or
execute any extra work of any kind whatsoever except upon the express authority of
the Executive Engineer which shall be obtained by an order in writing of the Executive
Engineer or by plan or drawing expressly given or signed by him an extra work of
variation or by any subsequent written approval signed by him.

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Clause 6 - Power to make Additions and Alterations in Drawings or

Specifications etc.
The Contractor shall quote his firm and fixed lump sum price for the entire work under
this contract, as defined in details in various sections of this bid document. However,
increase or decrease in quantity of certain items mentioned under Payment Schedule
will be paid or recovered on pro-rata basis.
However alteration shall not invalidate the contract. The Executive Engineer shall have
power to make any alterations in or additions to the original specification, drawing,
designs and instructions that may appear to him to be necessary or advisable
during the progress of the work and the Contractor(s) shall be bound to carry out
the work in accordance with the instructions which may be given to him / them in
writing signed by the Executive Engineer and such alterations shall not invalidate the
contract, and any additional work which the contractors may be directed to do in the
manner above specified as part of the work or any curtailment of the work as
designed, which may be found necessary during the period of construction shall be
carried out or omitted by the contractor(s) on the same conditions in all respects on
which he / they agreed to do the main work. If the additional or altered work for which
no rates is entered in the Price Schedule, then the contractor shall within seven days
of the date of the receipt by him / them of the order to carry out the work, inform the
Executive Engineer of the rate which he / they propose to charge for such class of
work and if the Executive Engineer does not agree to this rate he shall by notice in
writing be at liberty to cancel his order, to carry out such a class of work, and
arrange to carry it out in such manner as he may consider it advisable, provided
always that if the contractor shall commence work or incur any expenditure in regard
hereto before the rates shall have been determined as lastly hereinbefore
mentioned, then in such case he / they shall only be entitled to be paid in respect of
the work carried out or expenditure incurred by him / them prior to the date of the such
determination of the rate as aforesaid according to such rate or rates as may be fixed
by the Executive Engineer. In the event of dispute the decision of the Superintending
Engineer shall be final.
The time limit for the completion of the work shall be extended or curtailed in the
proportion that the increase or decrease in its costs, occasioned by alteration or
curtailment bears to the cost of the original contract work and the certificate of the
Executive Engineer as to such proportion shall be conclusive.
Clause 7 - Materials Left on Site
All work and materials brought and left upon the site of the work either by the
contractor(s) or by his / their orders for the purpose of forming part of the work are to be
considered to be the property of the Government and the same shall not be removed or
taken away by the Contractor(s) or any other person without the special permission or
consent in writing by the Executive Engineer, but the Government shall not be in any
way answerable for any loss or damage which may happen or in respect of any such
work or materials on account of the same being lost or stolen or injured by weather or
otherwise.
Clause 8 - Removal and Substitution of Materials
The Executive Engineer shall have full powers to require the removal from the
premises of all materials which in his opinion are not in accordance with the
specification and in case of default the Executive Engineer shall be at liberty to
employ other person to remove the same without being answerable or accountable

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for any loss or damage that may be caused to such materials. The Executive
Engineer shall also have full powers to acquire fresh materials to be supplied and all
costs which be incurred in such removal and substitution shall be borne by the
contractor(s).
Clause 9 - Action in Case of Improper Materials and Workmanship
If in the opinion of the Executive Engineer any work or part thereof is executed with
improper materials or defective workmanship the contractor(s) shall when required
by the Executive Engineer, forthwith re- execute the same and substitute proper
materials and workmanship and in case of default by the contractor(s) in so doing
within a week from the date of the requisition, the Executive Engineer shall have full
power to employ other person to re-execute the work and the cost thereof shall be
borne by the contractor(s).
Clause 10 - Action and Compensation Payable in Case of Bad Work
If at any time before Security Deposit is refunded to the contractor it shall appear to
the Executive Engineer or his subordinate in charge of the work that any work has
been executed with unsound, imperfect or unskilled workmanship or with materials
of inferior quality or that any materials or article provided by him for the execution
of the work are unsound or of a quality inferior to that contracted for or are
otherwise not in accordance with contract, it shall be lawful for Execut ive Engineer
to intimate this fact in writing to the contractor and then notwithstanding the fact that
the work, materials or article complained of may have been inadvertently passed,
certified and paid for, the contractor shall be bound forthwith to rectify or remove and
reconstruct the work so specified in whole or in part as the case may require or if so
required shall remove the materials or articles so specified and provide other proper
and suitable materials or articles at his own charge and cost and in the event of his
failing to do so within a period to be specified by the Engineer-in-charge in the
written intimation aforesaid the contractor shall be liable to pay compensation at the
rate of 0.1% on the amount of the estimate for every day not exceeding ten
(10) days during which the failure so continues and in the event of any such failure
as aforesaid, the Engineer-in-charge may rectify or remove and re-execute the work or
remove and replace the materials or articles complained. If the Engineer-in-charge
considers that such inferior work or materials as described above may be accepted or
made use of it shall be within his discretion to accept the same at such reduced rates
as he may fix therefore.
Clause 10A - Maintenance and repairs of the structure, pipeline, electro

mechanical & Instrumentation systems and all allied works during
guaranteed period
The contractor shall maintain and keep in proper condition and repair at his cost the
entire project for ten (10) years including 3 years of Defect Liability Period, from the
date of project commissioning. The decision of the Executive Engineer as to the
necessity of repair to the structure, pipeline, electro mechanical & Instrumentation
systems and all allied works of this contract scope shall be final and binding on the
contractor. If the contractor fails to maintain and keep in proper condition and repair
the structure, pipeline, electro mechanical & Instrumentation systems and all allied
works of this contract scope during the stipulated period of 10 years, the Executive
Engineer shall be entitled to carry out the necessary repairs at the risk and cost of the
contractor. The decision of the Executive Engineer as to the amount of the expenses
incurred in carrying out the repairs shall be final and binding on the contractor. The
Executive Engineer shall be entitled to appropriate the whole ( or) any part of the
amount of the Security Deposit towards the expenses, if any, incurred for repairing
9
the structure, pipeline, electro mechanical and Instrumentation systems and all allied
works.
Clause 11 - Responsibility of contractor for damage by fire etc.
From the commencement, the works shall be under the contractor’s charge. The
contractor (s) shall be held responsible for the any damage done to the same by fire or
any other cause and he/ they shall be liable to make good such damage and carry out
any repairs which may be rendered necessary to the same by fire (or) other cause and
they are to be held the Government harmless from any claims for injuries to persons
(or) structural damage, damage to other property happening from any neglect (or)
default, want of proper care (or) misconduct on the part of the contractor (s) or of any
one in his / their employee/s during the execution of the work.
Clause 11(a)
If the contractor or his workmen or servants shall break, deface injure or destroy any
part of the building, or the work in question in/on which they may be working or any
building, road, fence, enclosure or grass-land or cultivated ground continuous to the
premises on which the works or any part thereof is being executed or if any damage
shall be done to the work from any cause whatever before damage occurred/ caused
due to normal flood or rain or if any imperfections become apparent in it, within Three
(3) months from the grant of certificate (s) or otherwise by the Engineer In Charge, the
contractor shall make good the same at his own expenses or in default, the Engineer
In Charge may cause the same to be made good by other contractor, and deduct the
expenses (of which the certificate of the Engineer In Charge shall be final) from any
sums that may thereafter become due to the contractor or from his security deposit or
the proceeds of sale thereof or a sufficient portions thereof.
Clause 11(b)
Neither party shall be liable to the other for any loss or damage occasioned by or
arising out of acts of God, such as unprecedented flood, Volcanic eruption, earthquake
or other convulsion of nature and other acts such as but not restricted to general strike,
invasion the acts of foreign countries, hostilities or war like operations before or after
declaration of war, rebellion or usurper power which prevent performance of the
contract and which could not have been foreseen or avoided by the prudent person.
(Note: “Unprecedented flood” means the flood crossing the High Flood Level of the
past fifty years which is on the available record. (Modified vide R & B D.G.R. No. TNC-
1096-IB-143-(16)-C dated 11-1-99))
Clause 12 - Execution of works not Included in the Contract
The Executive Engineer shall have full power to send workmen upon the premises to
execute fitting and other work not included in the contract for which the contractor (s)
shall afford every reasonable facility at all time, provided that such operations shall
be carried on in such a manner as not to impede the progress of the work included
in the contract. The contractor (s) shall not however, be responsible for any damage,
which may happen to or be occasioned in the execution of any such fittings or other
works.
Clause 13 - Extension of Time
Provided never the less that if the contractor(s) shall be of opinion that he is / they
are entitled to any extension of time on account of the works being altered, varied

10
or added to (or) on account of any delay by reason of any inclement weather (or) by
other cause beyond the control of the contractor (s) ( or) in consequence of orders
to that effect from the Executive Engineer himself (which orders the Executive
Engineer is hereby empowered to make) then in any such case ( or) cases it
shall be competent for the Executive Engineer by an order in writing to extend the
aforesaid period for final completion by such period or periods as may be deemed
reasonable and the contractor(s) shall not be entitled to any extension of time unless
he / they shall within thirty (30) days after the happening of the event in respect of
which he / they shall consider himself / themselves entitled to any such extension of
time, give to the Executive Engineer written notice of such claim for the extension of
time and of the ground or grounds therefore and of the period thereof. However, the
Executive Engineer may condone the delay beyond thirty (30) days stipulated above.
But if the contractor fails to complete the work even with extended time limit, the
aforesaid provisions regarding L iquidated Damage shall apply from the date of expiry
of extended time limit.
Clause 14 - Final Certificates
The contractor (s) should note that the following sequence of certification as defined as
below prior to issue of Final certificate:
1.1 Interim Certificate (Phase I) – To be issued after the Successful

commissioning of pipeline.
Upon successful completion of physical construction work with pipeline hydro testing, of
this project scope work defined in this contract which includes structures, pipeline
electro-mechanical systems and all allied works, the contractor required to intimate the
department in writing on completion of this works. Phase – I completion will be
considered after completion of 100% testing and commissioning of Pumping
Machineries and pipeline with required allied work for commissioning of the project.
Based on this, the Executive Engineer will issue the Completion Certificate (Phase-I)
within One (1) month, subject to full filling all contractual requirements including removal
from the premises on which the work shall have been executed, all scaffoldings,
surplus materials, rubbish and shall have cleaned of dirt from all wood works, doors,
windows, wall floors or other parts of any structures in or upon which the work has been
executed or of which the contractor may have had possession for the purpose of
executing work, this Certificate shall be issued only after the work have been measured
and certified by the Executive Engineer or where the measurements have taken by his
authorized representative and until they receive the approval of the Executive Engineer.
Such measurements being binding and conclusive against the contractor. If the
contractor fails to comply with the requirements of this Clause, on or before the date
fixed by the Executive Engineer, In case of none removal of above said things, then the
Executive Engineer may at the expense of the contractor remove such scaffolding,
surplus materials, rubbish and dispose of the same as he thinks it and clean off such
dirt as aforesaid, and for this the contractor shall bear all such expenses incurred and
these will be deducted from contractor’s pending payments, but shall have no claim in
respect of any as aforesaid except for any sum actually realized by the sale thereof.
Upon receipt of this certificate and after commissioning of the said work, the O & M
period shall begin immediately.
But no such Completion Certificate (Phase-I) shall be given nor shall the work be
considered as completed until the contractor shall have removal from the premises on
which the work shall have been executed, all scaffoldings, surplus materials,
rubbish and shall have cleaned of dirt from all wood works, doors, windows, wall floors or

11
other parts of any structures in or upon which the work has been executed or of which
the contractor may have had possession for the purpose of executing work.
1.2 Completion Certificate (Phase II) – To be issued after the

completion & commissioning of all items of civil, mechanical,
electrical and instrumentation (Maximum 3 Months after
completion of Phase – I)
Upon successful completion of Commissioning of project and meeting all relevant

technical parameters defined in this contract, the contractor is required to intimate the
department in writing. Based on this, the Executive Engineer will issue the
Commissioning (Phase-II) Certificate within One (1) month, subject to full filling all
contractual requirements. Upon receipt of this certificate, the defect liability period shall
begin
1.3 Completion Certificate (Phase III) – To be issued after the

Successful Completion of Defect Liability Period
Upon successful completion of Defect Liability Period of 3 years, which is also a parallel
part of 10 years of O & M period, the contractor is required to intimate the department in
writing. Based on this, the Executive Engineer will issue the Completion Certificate
(Phase-III) within One month, subject to full filling all contractual requirements.
The certificate shall be issued only after removal from the premises on which the
work shall have been executed, all scaffoldings, surplus materials, rubbish and shall
have cleaned of dirt from all wood works, doors, windows, wall floors or other parts of
any structures in or upon which the work has been executed or of which the contractor
may have had possession for the purpose of executing work, This certificate shall be
issued after the work have been measured and certified by the Executive Engineer or
where the measurements have taken by his authorized subordinate and until they
receive the approval of the Executive Engineer. Such measurements being binding and
conclusive against the contractor. If the contractor fails to comply with the requirements
of this Clause, on or before the date fixed by the Executive Engineer, In case of none
removal of above said things, then the Executive Engineer may at the expense of the
contractor remove such scaffolding, surplus materials, rubbish and dispose of the
same as he thinks it and clean off such dirt as aforesaid, and for this the contractor
shall bear all such expenses incurred and these will be deducted from contractor’s
pending payments, but shall have no claim in respect of any as aforesaid except for
any sum actually realized by the sale thereof.
1.4 Final Certificate – to be issued after the Successful Completion of

Total O&M Period of 10 years
From the date of issue of Commissioning Certificate (Phase-I), the O&M period of Ten
years will be commenced. Upon successful completion of total O&M Period of 10 years
and after handing over the said work to the department, the contractor is required to
intimate the department in writing. Based on this, the Executive Engineer will issue the
Final Completion Certificate for the project within One month, subject to full filling all
contractual requirements.
The certificate shall be issued only after removal from the premises on which the
work shall have been executed, all scaffoldings, surplus materials, rubbish and shall
have cleaned of dirt from all wood works, doors, windows, wall floors or other parts of
any structures in or upon which the work has been executed or of which the contractor
may have had possession for the purpose of executing work, this certificate shall be
12
issued after the work have been measured and certified by the Executive Engineer or
where the measurements have taken by his authorized subordinate and until they
receive the approval of the Executive Engineer. Such measurements being binding and
conclusive against the contractor. If the contractor fails to comply with the requirements
of this Clause, on or before the date fixed by the Executive Engineer, In case of none
removal of above said things, then the Executive Engineer may at the expense of the
contractor remove such scaffolding, surplus materials, rubbish and dispose of the same
as he thinks it and clean off such dirt as aforesaid, and for this the contractor shall bear
all such expenses incurred and these will be deducted from contractor’s pending
payments, but shall have no claim in respect of any as aforesaid except for any sum
actually realized by the sale thereof.
Clause 15 - Action when Contractor becomes bankrupt, etc.
If the contractor(s) shall become bankrupt or shall compound with or make any
assignment for the benefit of his / their creditor or shall suspend or delay the
performance of his / their part of the contract (except on account of cause mentioned
in this Clause for in consequence of his / their not having proper instruction of
which the contractor(s) shall have duly applied), the Executive Engineer may give to the
contractor(s) his / their assignee or trustee as the case may be written notice requiring
the work to be proceeded with and in case he does not receive any satisfactory reply
from the contractor(s) or his / their assignee or trustee within a period of Seven (7) days
from such notice, it shall be lawful for the Executive Engineer to enter upon and take
possession of the works and to employ any other person or persons or any agency or
any other contractor to carry on and complete the same and to authorize him or them in
use the plant, materials and any other property of the contractor(s) upon the works and
in any such event, the costs and charges which may be incurred on carrying in and
completing the said works shall be payable to the Executive Engineer by the
contractor(s) and may be set off by the Executive Engineer against any money due or to
become due to the contractor(s).
Clause 16 - Payment of Contractor for Work Done
The Contractor(s) shall be paid on the completion of each calendar month commencing
from the date of work order, showing in details the amounts to which the contractor
considers himself to be entitled together with supporting documents in accordance with
Vol. IV, Price Bid, since the last payment.
When the work shall be fully completed, the contractor (s) shall be entitled to receive the
payment of the amount remaining due according to the best estimate of the same that
can be made and the balance of all money finally due or payable to him / them under or
by virtue of the contract shall be paid within 6 months from the completion of the work.
Provided always that no final or other certificate shall cover or relieve the contractor(s)
from his / their liability under the provision of clause whether or not the same has been
notified by the Executive Engineer at the time of or subsequent to the grant of any such
certificate.
Clause 17 – Certificate – Deleted
Clause 18 - No Claims for any Payments of Compensation for Change or

Restriction of Work
If at any time after the execution of the contract documents, the Engineer-in-charge
shall for any reason whatsoever, require the whole or part of the work, as specified in
13
the tender, be stopped for any period or shall not require the whole or part of the work to
be carried out at all or to be carried out by the contractor, he shall give notice in writing,
stating the fact to the Contractor who shall thereupon suspend or stop the work totally or
partially, as the case may be. In any such case, except as provided hereunder, the
Contractor shall have no claim to any payment or compensation whatsoever except as
provided hereunder on account of any profit or advantage which he might have derived
from the execution of the work in full but which he did not so derive in consequence of
the full amount of the work not having been carried out, or on account of any loss that
he may be put to on account of materials purchased or agreed to be purchased or for
unemployment of labour required by him, He shall not have also any claim for
compensation by reason of any alterations having been made in the original
specifications, drawings, designs and instructions which may involve any curtailment of
the work as originally contemplated.
However, the contractor will be entitled for compensation for loss, if any on the date of
notice, for the purchased materials or for the contract executed for the material to be
purchased for such work, Such compensation will be paid only for actual loss for
materials, if such materials so purchased or agreed to purchase is of required
quantity/quality and was purchased / contracted to be purchased only for the same
work. But no compensation shall be granted to contractor on material for which advance
has been given to contractor by Government. The amount of loss for such claim will be
decided by in charge Engineer-in-charge.
The contractor also will be entitled for compensation of unemployed labourers for seven
(7)days from the date of notice provided that in the opinion of Engineer-in-charge such
labourers were working for 7 days prior to the notice and would not be in a position to
get employment elsewhere within seven (7) days from the date of such notice. The
contractor should try to employ such unemployed labours at other places from the date
of such notice. In case the Contractor does not agree with the decision of Executive
Engineer regarding the amount of compensation or loss; it will be open for the
contractor to appeal to Superintending Engineer within one month from the date of
knowledge of such decision, in such case the decision of Superintending Engineer will
be final and binding to the Contractor. The Contractor shall not be entitled for loss of any
expected profit of such work, (Vide G.R. No. SSR/1090/IB/247(2)/C, dated 28-6-1993 as
amended by GR of even number dated 11-2-1999).
Clause 18A – Deleted
Clause 19 - Compensation under the Workmen’s Compensation Act
The contractor shall be responsible for and shall pay any compensation to his
workmen which may be payable under the Workmen’s Compensation Act, 1923 ( VIII
of 1923) (hereinafter called the said Act) for injuries caused to the workmen. If such
compensation is paid by Government as principal under sub section 12(1) of the said Act
on behalf of the Contractor it shall be recoverable by Government from the Contractor
under sub section 1 2 (2) of the said section. S uch compensation shall be recovered in
the manner laid down in clause above.
Clause 20 - Royalty
The contractor shall pay the royalty to the competent authority / local body as per
rules. The contractor shall furnish time to time the statement showing quantity of
quarried materials from whom purchased (with full address of the seller) & copies of
bills for purchase to the District Officer of the Mining & Geology Department of
authority competent to levy royalty in the area of work. Contractor shall also furnish
14
such additional information as regards royalty payment to the royalty Authority as may
be called for. The royalty charges shall be borne by the contractor & shall not be
reimbursed by the Executive Engineer. In case of variations in rates of royalty in future,
the government of Gujarat would not either reimburse the difference due to hike or
curtail the difference amount due to reduction.
a. All the excess excavated stuff (including soil, soft and hard murrum, rock debris, soft
and hard rock etc.) got available from the excavation of all the components like-
approach channel, sump/ fore bay, pump house, pipe-line, other crossings, structures,
chambers etc.
b. All the materials obtained from dismantling of approaches and other structures etc.
Disposal of all the materials mentioned in above (a) and (b) shall be the responsibility
and liability of the contractor. The contractor shall have to dispose off the same from the
site with all leads without any extra cost/ claim. The contractor shall have to arrange for
identification and acquisition of dumping zone/s. All the cost and consequences in this
regard shall be borne by the contractor. The contractor has to contact/ approach Mining
and Geology Dept. of Government for disposal of above mentioned materials. All
necessary royalty payment shall also be borne by the contractor. The contractor shall
have to maintain all records in this regard and any theft of materials shall be the
responsibility of contractor.
The contractor shall have to submit “No due Certificate” from the Mining & Geology
department. In case of non-submission of No Due Certificate, Commissioning Certificate
(Phase II), the final payment shall not be released.
Clause 21 - Security Deposit

The person/ persons whose tender is accepted (hereinafter called the “Contractor” which
expression shall, unless excluded by, or repugnant to the context include his Legal heirs,
executors, administrators and assignees) shall
1. Deposit with the Executive Engineer a sum sufficient to make up the full Security
D eposit specified in the tender duly transferred in the name of the Executive
Engineer of performance bond receipts or Term Deposits of Narmada Project in the
name of the Executive Engineer within a period of 10 days from the date of receipt
of the Notification of acceptance of his tender, or
2. Deposit Twenty Five percentage (25%) of the total security deposit as specified in the
tender form with the Executive Engineer in the form of small saving schemes (or)
securities of Sardar Sarovar Narmada Nigam (or) FDR of any scheduled Bank.
3. Deposit Fifty percentage (50%) of the total security as specified in the tender form
with Executive Engineer in the form of Performance Bond. If the security deposit is
not paid within the above specified time, no work order will be issued till the issue
about delay is finally decided by the competent authority. (The format of Performance
Bond is attached at the end of this chapter)
4. The Government shall be deemed to have been authorized to deduct the balance
twenty five percentage (25%) of the security deposit as specified in the tender from
the amounts that become payable to the contractor for the work done under the
contract from time to time, such deduction shall not exceed ten percentage of the
amount so payable and the whole amount paid in cash or by way of deduction shall
be held by Government by way of security deposit.

15
The deducted amount from RA bills can be released against the production of BG from
any scheduled bank as under:
Financial Release of deducted amount BG Amount

Progress from the RA bills against
Security Deposit
25% of Tender Whatever the deducted amount The same shall be released against
cost from RA bills (or) 0.625% of submission of BG of equivalent
estimated cost whichever is amount. (Please refer below note).
less.
less.
less.
Note: The validity of BG should be up to Defect Liability Period + 6 months. The contractor is
required to give declaration, in case the project limit is extended, the BG shall remain valid
till the stipulated date of completion of extended time limit + 6 months.
All compensation, Liquidate damages or other sums or money payable by the contractor to
Government under the terms of this contract shall be deducted from or recouped by the
realization of a sufficient part of his security deposit, or from the interest arising there from or
performance bond or from any sums which may due or may become due by Government to
the Contractor on any account whatsoever and whether in respect of this contract, any other
contract, or otherwise. In the event of his security deposit being reduced by reason of
any such deduction or re-coupment as aforesaid, the contractor shall within ten days
thereafter, make good case or in Government securities transferred as aforesaid any sum or
sums required to make good the shortfall in the amount of the security deposit, The security
deposit, when paid as above shall at the cost of the depositor, be converted into interest
bearing Government securities in the name of Executive Engineer provided that the
depositor has expressly desired this in writing. This is subject to the condition that twenty
five percentage of the total security deposit must be held in the form of small saving
Schemes or Term Deposits of Narmada Project or FDR of any scheduled bank. If the full
amount of the security deposit to be paid as above within the period specified above, is
not paid the tender/contract already accepted shall be considered as cancelled and legal
steps shall be taken against the contractor for recovery of the amounts.
5. The release of Security Deposit is as follows, which contractor (s) shall note:
a. 50 % of total SD (i.e. performance bond, received 5% of estimated cost put to

tender) will be released within a month from the date of issue of Commissioning
certificate (Phase-II) subject to any deductions, due to contractual requirement and
submission of No Due Certificate for royalty from Mining & Geology Department by
the contractor. In case of delay in Hydro testing / commissioning due to delay in
availability of water and / or power or any other reason not attributed to the
contractor, in such case after the period of 12 months from the intimation given by
the contractor to the department regarding completion of works and readiness for
the testing, 50 % of total SD i.e. performance bond, received @ 5% of estimated
cost put to tender shall be released. However, amount towards C value testing and
Hydro testing shall not be released and in such cases the work shall deemed to be
partially completed. (Note: Please refer Annexure for format of Performance Bond
in this volume).

16
b. 25 % of total SD will be released within a month from the date of issue of

Completion Certificate (Phase-III) i.e. successful completion of defect Liability
period subject to any deductions, if any due to the contractual requirements.
c. The balance 25 % of total SD will be released against submission of equivalent
amount of Bank Guarantee (BG) after issue of Final Certificate i.e. successful
completion of O & M period of Ten (10) years (including defect liability period of
three years) + 6 month, subject to any deductions, as per contractual requirement.
The SD deducted from RA bills can be converted to BG valid till completion of O &
M period + 6 months. The BG is required to be extended from time to time for
appropriate period as required under this clause. This BG will be released within 6
months after the completion of O & M period upon receipt of written request from
the contractor.
Clause 22 - Liquidated Damages for Delay
1. If the Contractor fails to complete the work under this contract by the stipulated
date, liquidated damages shall be recovered at the rate of 0.1 percentage of the
contract value per day from the date of delaying the said work up-to the date of
successful completion of physical construction and testing and commissioning (Refer
Clause 14)
2. The aggregate maximum of liquidated damages payable under this clause shall not
exceed Rs. 0.1 percentage of contract value per day and shall be subject to the
maximum amount of Ten percent (10 %) of the estimated amount put to tender.
3. However if the contractor fails to meet the first milestone both in time (e.g. 25 %) and
corresponding financial progress (e.g. 10 %) as designated in Schedule C (Refer
below), amount to be retained at the rate of 0.1 percentage of that milestone value till
said designated part (s) is completed. In case, if the contractor executes and meet the
subsequent milestone criteria, then the earlier retained amount shall be released.
However, such retention / release for the slippage of subsequent / other milestones
shall be applicable in the similar manner.
4. In the case of delay in achieving in final milestone, the liquidated damages will be
applicable as per this Clause Para (1) & (2).
5. Delays requiring payment of Ten (10) percent of liquidated damages of the amount
put to tender for performance shall be sufficient cause for termination of contract and
for forfeiture of Security Deposit. (including amount of Performance Bond in respect of
works estimated to cost more than Rs. 30 Lacs, for Performance) and registration of
the contractor shall also be kept in abeyance for three (3) years from the date as fixed
in all such cases.
6. Apart from all the above, the contractor shall note that the works of crossings
(pipe/box pushing) and its structures such as Railway, State Highway, National
Highway and other crossings should be completed within six months after obtaining
approval from the department. If the contractor fails to execute the above referred
works within stipulated time limit as mentioned, he shall attract compensation at 0.1
% per day of cost of respective work, calculated on the basis of BOQ, and it will have
cumulative effect till the actual date of completion of the delayed work. The
compensation recovered under this clause will of permanent nature and will remain
non-refundable under any circumstances. For carrying out these works, he may be
allowed for sub-letting these works only after getting prior approval/ clearance from
the department and with tri-party agreement (i.e., between contractor + sub-letting
agency + department).

17
Schedule C
Time Schedule, for completion of different designated parts of the work and rate of
liquidated damages to be paid by the Contractor, if he fails to complete the part of work
within stipulated time limit is as detailed below:-
Table 1.1: Project Completion Schedule (Excluding O & M contract value and period)
Project Milestone Percentage of Cumulative Rate of tenable

Time of the Time Percentage of retention per day
Limit Contract Value applicable for
(Milestone Value) milestone value
Milestone 1 25% 10% 0.1%
Milestone 2 50% 35% 0.1%
Milestone 3 75% 70% 0.1%
Milestone 4 100% 100% 0.1%
Clause 23 - Action When Progress of any particular proportion of the

work is unsatisfactory or default by contractor
If the Contractor shall neglect or fail to proceed with the work with due diligence or if he
violates any of the provision of the Contract, the Engineer-in-charge shall give the
Contractor a notice, identifying deficiencies in performance and demanding corrective
action. Such notice shall clearly state that it is given under the provision of this clause.
After service of such notice, the contractor shall not remove any plant, equipment and
material from the site. The Government shall have a lien on all such plant, equipment
and material from the date of such notice till the said deficiencies have been corrected
as mentioned in the said notice. If the contractor fails to take satisfactory corrective
action within ten days after receipt of such notice, the Engineer-in-charge on behalf of
Governor of Gujarat shall terminate the contract in whole. In case, the entire contract is
terminated, the amount of security deposit and performance bond if any together with
the value of the work done but not paid for, shall stand forfeited to the Government. The
plants, equipment and materials, held under this clause shall then be at the disposal of
the Government to recover the amount equivalent to the liquidated damages and
registration of the contractor shall be kept in abeyance for three years from the date as
fixed in all such cases. The Engineer-in-charge if necessary shall direct that a part or the
whole of such plant, equipment and material be removed from the site within a stipulated
period. If the Contractor fails to do so, the Engineer-in-charge shall cause them or any
part of them to be sold holding the net proceeds of such sale to the credit of the
Contractor. After settlement of accounts, the lien by the Government of the contractor's
remaining plant equipment and balances of materials shall be released. Termination of
the contract in whole shall be an adequate authority for the Engineer-in-charge to
demand discharge of the obligations from the guarantors of the security for the
performance.
In any case in which any of powers conferred upon the Engineer-in-charge under this
clause shall have become exercisable and the same shall not have been exercised, the
non-exercise thereof shall not constitute waiver of any of the conditions hereof and such
powers shall notwithstanding be exercisable at any future date.

18
Clause 24 - Liability for damages arising from Non-Provision of light,

fencing etc.
The contractor shall provide all necessary fencing and lights required to protect
the public from accident and shall be bound to bear the expenses for defence of
every suit, action or other legal proceedings that may be brought by any person for
injury sustained by him owing to neglect of the above precautions and to pay any
damages and costs which may be awarded to any such person in any such suit,
action of proceedings or which may, with consent of the contractor(s) be paid for
compromising, any claim to any such person.
Clause 25 - Liability of Contractor for any damage done in or outside

work area
Compensation for all damages done intentionally or unintentionally by contractor(s)’s

labour whether in or beyond the limits of Government property including any damage
caused by the spreading of fire mentioned in clause shall be estimated by the Executive
Engineer or such other officer as he may appoint and the estimates of the Executive
Engineer subject to the decision of the Superintending Engineer on appeal, shall be
final and the contractor(s) shall be bound to pay the amount of the assessed
compensation on demand. On his/their failure to do so the same will be recovered
from the contractor(s) as damage in the manner prescribed in clause or deducted by
the Executive Engineer from any sums they may be due or may become due from the
Government to the contractor(s) under this contract of otherwise.
Clause 26 - Work on Sunday
No work shall be done on Sunday without the sanction in writing of the Executive
Engineer.
Clause 27 - Minimum Age of Persons Employed and the Employment of

Donkeys and / or other Animals and the Payment of Fair Wages
For all work(s) as far as possible, only the adult persons should be employed by the
contractor, if the adult persons are not available, then the children below the age of 15
(Fifteen years) should not be employed under any circumstance.
No contractor shall employ donkeys or other animals with breaching of string or thin
rope. The breaching must be at least three inches side and should be of tape (Nawar).
No animal suffering from sores, lameness or emaciation or which is immature shall

be employed on the work.
The Engineer-in-charge or his agent is authorized to remove from the work any
person or animal found working which does not satisfy these conditions and no
responsibility shall be accepted by Government for any delay caused in the completion
work by such removal.
The contractor shall pay fair and reasonable wages to the workman employed by him
in the contract undertaken by him, In the event of any dispute arising between the
Contractor and his workmen on the grounds that the wages paid are not fair and
reasonable, the dispute shall be referred without delay to the Engineer-in-charge who
shall decide the same. The decision of the Engineer-in-charge shall be conclusive
and binding on the Contractor, but such decision shall not in any way affect the
conditions in the contract regarding the payment to be made by Government at the
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sanctioned tender rates. All the laws related to labour welfare and safety shall be
honoured by the contractor.
Note: In general, for this project, apart from the above clause - 27 the bidder /
contractor shall not that the labour engaged for the project work, their minimum
age limit must be of 15 years or above.
Clause 28 - Method of Payment
All payment to contractor shall be made by cheque drawn on treasury attached with
the Division or by electronic clearance.
Clause 29 - Acceptance of conditions compulsory before tendering for

work
Any contractor who does not accept these conditions shall not be allowed to tender for
works and his name shall be removed from the list of the contractor.
Clause 30 - Employment of Scarcity Labour
If Government declares a state of scarcity or famine to exist in any village situated

within 16 kilometres of the work, the Contractor shall employ upon such parts of the
work, as are suitable for unskilled labour, any person certified to him by the Executive
Engineer or by any persons to whom, the Executive Engineer may have delegated
this duty in writing to be in need of relief and shall be bound to pay to such persons,
wages not below the minimum which Government may have fixed in this behalf, Any
disputes which may arise in connection with the implementation of this clause shall be
decided by the Executive Engineer whose decision shall be final and binding on the
contractor.
Clause 31 - Requirement of Labourers from Employment Exchange
The contractor should as far as possible obtain his requirement of labours, skilled and
unskilled, from the nearest Employment Exchange so as to utilize the local employment
potential, If there are no local Employment Exchanges or such Exchanges are not
able to provide the required labourers locally, suitable local labourers should be
utilized to the maximum extent possible,
Clause 32 - Vaccination against Small Pox
The contractor shall employ only such labourers who shall produce a valid
certificate of having been vaccinated against small-pox within a period of last three
years.
Clause 33 - Supply of Gum Boots and other Personal Protective

Equipment
Contractor shall have to arrange for the supply of Personal Protective Equipment
like glasses, helmets, jackets, safety shoes, safety belts, ear muffs, mask, gumboots,
hand gloves etc., invariably to the labourers, Engineers engaged by the contractor
as well as departmental staff on work. Contractor shall have also to arrange for the
facility of first-aid-box at the site of work for immediate relief at the time of accidents.

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Clause 34 – Return of Empty Drums – Deleted
Clause 35 – Power Roller on rental basis – Deleted
Clause 36 - Price Variation
Price variation: for (A) labour (B) Materials and (C) P.O.L. The amounts payable to
the Contractor for the work done shall be adjusted for increase or decrease in the rates
of labour / materials excepting those materials supplied by Government as per
Schedule-A and P.O.L. as under:
A. Labour:
Increase or decrease in the cost due to labour shall be calculated quarterly in

accordance with the following formula.
 PL I  Io 
VI  0.75    R 
100 Io 
VI = Increase or decrease in the cost of work during the quarter under consideration due
to change in rates for labour.
R = the value of work done in rupees during the quarter under consideration, after
excluding the value of extra items and after deducting the cost of:
 Materials supplied from the Departmental store to the Contractor at fixed rate as
specified in Schedule-A and
 Value of cement, steel and asphalt brought by the contractor valued at star rate plus the
increase/decrease for which price adjustment is done under Clause 36/A below:;
Io = the average consumer price index for industrial workers for the quarter in which
tenders were opened (as published in average consumer’s price-index (wholesale) for
industrial workers as applicable to Ahmedabad / Bhavnagar / R a j k o t as published by
Government of India, Ministry of Labour Bureau)
I = the average consumer price index for industrial workers for the quarter under
consideration
PL = Percentage of labour components (specified in Schedule) 69.00% of the item
B. Materials Other than Cement and Steel
The increase or decrease in cost of materials other than cement and steel shall be
calculated quarterly in accordance with the following formula.
 Pm I  Io 
Vm  0.75    R 
100 Io 
Vm = Increase or decrease in the cost of work during the quarter under consideration
due to changes in the rates of material
excluding the value of extra items and after deducting the cost of;

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 Materials supplied from the Departmental store to the Contractor at fixed rate as
specified in Schedule – A and,
 Value of cement and steel brought by the contractor valued at star rate plus the
increase/decrease for which price adjustment is done under Clause 36A below.
Io = the average wholesale price index (all commodities) for the quarter in which tenders
were opened. (For materials, Wholesale Price Index as published by Reserve Bank of
India should be referred)
I = the average wholesale price index (all commodities) for the quarter under
consideration.
Pm = Percentage of material component (specified in schedule) 21.00% of item.
C. P.O.L
The increase or decrease in the cost of petrol, diesel, Oil and lubricants shall be
calculated quarterly in accordance with the following formula.
 Pd D  Do 
Vd  0.75    R 
100 Do 
Vd = Increase or decrease in cost of work during quarter of consideration due to change
in rates of petrol, Oil and lubricants (POL).
excluding the value of extra items and after deducting the cost of.
 Materials supplied from the Department store to the Contractor at fixed rate as
specified in Schedule-A and
 Value of cement and steel brought by the contractor valued at star rate plus the
increase/decrease for which price adjustment is done under Clause 36A.
Do = the average price of high speed diesel (HSD) fixed by I.O.C. for the district in which
the work is to be carried out for the quarter in which the tenders were opened.
D = the average price of HSD fixed by the I.O.C. for the district in which the work is to be
carried out for the quarter under consideration
Pd = Percentage of P.O.L. Component (specified in schedule) 10.00% of the item.
D. Condition for Variation except for Cement and Steel
No Adjustment shall be done for the work done in the first twelve (12) months of the
time limit. Adjustment payable/recoverable will be calculated for the remaining work
done during the subsequent period.
The sum total price adjustment for A, B and C will be limited to Five (5) % of the
estimated cost of work put to tender less the cost of Materials supplied from the
Departmental store to the Contractor at fixed rate as specified in Schedule-A of this
volume and cement and steel (TMT / HYSD bars / M.S. plate / H.R. Coil) valued at input
rates mentioned as under on which the sanctioned estimate is based, when Clause 36A
is not deleted. (Before the twelfths month measurement shall be measured)

22
MATERIAL QUANTITY INPUT RATE PER M.T.

Cement 8857 MT Rs. 4,756 per MT
TMT Fe 500 Bars 762 MT Rs. 36,750 per MT
M.S. Plate / HR Coil 74595 MT Rs. 48,700 per MT
The quarter referred to in all the above formula shall mean the quarter of the calendar
year January to March, April to June, July to September and October to December.
Even if the tenders are opened in the middle of a quarter, the average index for
the calendar quarter will be considered. The same principle would apply for
identifying the quarter when the work is completed in the middle of calendar quarter.
The value of extra items will be excluded for working out the value of ‘R’ in the above
formula in all these cases.
Intermediate payment of escalation to be made under this clause on each occasion

shall be limited i n such a manner that the total up-to-date payment of escalation will
not exceed the proportionate percentage of the ceiling of escalation as related to the
proportionate value of the contract cost.
Price adjustment shall be applicable only for the work that is carried out within the
stipulated time or extensions thereof as are not attributable to the contractor. No
claims for price adjustment other than those provided herein shall be entertained.
This clause will be applicable in respect of works which of the estimated cost put
to tender is above Rs. 25.00 Lacs and the time limit involved is more than 12 months.
Clause 36A - Price variation for Cement and Steel brought by Contractor
The amounts payable to the contractors for the work done involving use of cement
and steel when these materials are not supplied by the Government as for schedule A
shall be adjusted for increase or decrease in the rates of these materials as under :-
The star rates for Cement, Tor steel & M. S. Plate to be brought by the Contractor
shall be considered Ex-supply Depot/ Godown as under:
MATERIAL QUANTITY STAR RATE PER M.T.

Cement* 8857 MT Rs. 4,700 /- per MT
Month (December, 2016)
TMT Fe 500 Bars 762 MT Rs. 38,300 /- per MT
in which DTP Approved
M.S. Plate / HR Coil 74595 MT Rs. 42,000 /- per MT
* falling under “cement and lime” category of RBI WPI bulletin
The above star rates are linked with Reserve Bank of India price index for the
month in which the DTPs are approved. The month in which DTPs are approved
specified in the tender document.
Star rates are mentioned in the tender as under:
 For Cement - Price of cement from authorized dealer has been obtained for the month in
which the D.T.P. are approved & mentioned as star rate.

23
 For steel & H.Y.S.D. bars - rate of SAIL has been obtained for the month in which the DTP are
approved and mentioned as star rate.
The fluctuations in rates of cement and steel shall be adjusted in the bills payable to the
contractor as under:
 C1
A  B  1  D
C0
A = Difference of Amount payable or recoverable
B = Star rate of steel / cement / MS Plate / HR Coil.
C1 = The quarterly average (average of 3 months of corresponding quarter)
corresponding/ respective index for steel, cement, MS Plate / HR Coil for the quarter
under consideration (Wholesale Price Index (WPI) as published in monthly bulletin of
Reserve Bank of India) – this quarter shall be the one in which consumption of quantity
as defined in D has taken place – for steel coil the laying of pipe shall be the basis, for
steel reinforcements, casting the concrete shall be basis, for structural steel the erection
shall be basis and for cement concreting shall be the basis.
Co = Price index of cement/steel / MS Plate / HR Coil for the month in which the DTPS
are approved (Wholesale Price Index (WPI) as published in monthly bulletin of Reserve
Bank of India)
D = Qty. of cement / steel / MS Plate / HR Coil actually consumed in the work during
the quarter duly supported with bill as recorded in cement consumption register and MB
(MB for steel / MS Plate / HR Coil).
The following wholesale price index shall be referred for value of C1 & C0 in the above
referred formula:
Sr. Item Reference: Commodities / Major groups/ groups / sub-
No. groups as per Index no. of Wholesale Price in India as
published in RBI bulletin
1 Cement 1.3.9 Non-metallic mineral products – 1.3.9.3 - Cement & Lime
2 Mild Steel/ TMT/ 1.3.10 Basic metals alloys and metals products – 1.3.10.1.2
HYSD Steel bars Steel long
3 MS Plate/ HR Coils 1.3.10 Basic metals alloys and metals products – 1.3.10.1.3
Steel; flat
Condition for variation in prices of Cement, M.S. Plate / HR Coil and Steel only:
1. No Ceiling for escalation for difference in the cost of Steel, Cement & HR Coil /
MS Plate will be applicable.
2. This clause shall be operative from the date of issue of work order and up to the expiry
of original and extended time limit.
3. This formula shall be used individually for Cement, Tor TMT / HYSD steel & HR Coil /
MS Plate for calculating adjustment.
4. The Cement, Steel & MS pipe brought by the contractor on site of work shall be used
only after the same is tested by the Department
5. If such materials are not found as per the requirement of I.S. specification/Tender
specification, the same shall be removed by the contractor for which no claim shall be
entertained.

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6. This clause will be applied to the work irrespective of the cost of the work.
7. The cement brought from civil supply/corporation shall not be eligible for star rates.
Note:
 No Price variation shall be payable for labour, material, POL, cement, steel etc.
during operation and maintenance period.
 In the Price Variation formula, under D, further to the explanation given, the bidder /
contractor shall note that the site work shall be considered as project site.
Clause 37 - Accommodation and Sanitary Arrangements in Labour

Camps
1. Huts
The contractor shall build sufficient number of huts on a suitable plot of land for the use
of the labourers according to the following specifications.
 Huts of bamboos and grass may be constructed.
 A good site shall be selected. High ground removed from jungle but well provided
with trees shall be chosen wherever it is available, the neighbourhood of rank jungle,
grass or weeds should particularly be avoided, and Camps should not be
established close to large cuttings of earth – work.
 The lines of huts shall have open spaces of at least 10 m. between rows. When a
good natural site cannot be produced, particular attention should be given to the
drainage.
 There should be no over-crowding. Floor space at the rate of 2.8 sq. m. per head
shall be provided. Care should be taken to see that the huts are kept clean and in
good order.
 The contractor must find out his own land and if he wants Government land, he
should apply for it and pay assessment for it.
2. Drinking Water
The contractor shall as far as possible, provide an adequate supply of chlorinated pure
potable water for the use of labour. This provision shall be at the rate of not less than
45 litres per head. No provision need-be made where there is a suitable nalla, river or
well within 0.4 km. Of the camp, However arrangement should as far as possible,
be made to chlorinate water by chlorine tablets before it is allowed for drinking
purpose. Water tank of 10,000 litre capacity shall be provided for including necessary
pipeline, cocks, etc for MCC Building, Staff quarter, etc.
3. Semi-Permanent Latrines
The contractor shall construct semi-permanent latrines for the use of labours on the
following scale, namely:
 Where females are employed, there shall be at least one latrine for every 25
females.
 Where males are employed, there shall be at least one latrine for every 25 males.

25
 Provided that where the numbers of males or females exceed 100, it shall be
sufficient if there is one latrine for every 25 males or females, as the case may be,
up to the first 100 and one for every 50 thereafter.
4. Privacy in Latrines
Every latrine shall be under cover and so partitioned off as to secure privacy, and
shall have a proper door and fastenings.
5. Notice to be displayed outside Latrines and Urinals

 Where workers of both sexes are employed there shall be displayed outside
each block of latrine and urinal a notice in the language understood by the
majority of the workers ‘For Men only’ or ‘For women only’ : as the case may be.
 The notice shall also bear the figures of a man or of a women, as the case may be.
6. Urinals
There shall be at least one urinal for male workers up to 50 and one for female
workers up-to 50 employed at a time. Provided that where the number of male or female
workmen, as the case may be, exceeds 50, it shall be sufficient if there is one urinal for
every 50 males or females up-to the first 500 and one for every 100 males or females
or part thereof.
7. Latrines and Urinals to be Accessible

 The latrines and urinals shall be conveniently situated and accessible to workers at
all times at the establishment.
 The latrines and urinals shall be adequately lighted and shall be maintained in a
clean and sanitary condition at all times.
 Latrines and urinals other than those connected with a flush sewage system shall
comply with the requirements of the Public Health authorities.
8. Water for Latrines and Urinals
Water shall be provided by means of taps or otherwise, so as to be conveniently

accessible in or near the latrines and urinals.
9. Bathing and Washing Places

 The contractor shall construct sufficient number of bathing places, every unit of 20
persons being provided with a separate bathing place.
 Washing places should also be provided for the purpose of washing clothes, Every
unit of 30 persons shall have at least one washing place
 Such bathing and washing places should be suitably screened and separate places
provided for male and female workers.
 Such facilities shall be conveniently accessible and shall be kept in clean and
hygienic condition.
10. Drainage
The contractor shall make sufficient arrangement for draining away the sewage water
as well as water from the bathing and washing places and shall dispose off this
waste water in such a way as not to cause nuisance, The contractor should obtain a
26
permission from the Gujarat Water pollution Control Board, Gandhinagar, if Water is
to be drained in river or near the well, The contractor would put mineral oil once in a
week in stagnant water round about the residences.
11. Medical Facilities
The contractor shall engage a medical officer with a travelling dispensary for a camp
having 500 or more persons if there is no Government or other private dispensary
situated within 6 km from the camp.
12. Conservancy and Cleanliness
The contractor shall provide the necessary staff for effecting the satisfactory
conservancy and cleanliness of the camp to the satisfaction of the Engineer-in-
charge. At least one sweeper per 200 persons should be engaged, Conservancy
staff should dump refuge in compost pit, away from the labour camp.
13. Health Provision
The District Health officer of the District or the Deputy Director of Health Services
shall be consulted before opening a labour camp and his instructions on matters, such
as the water supply, sanitary convenience, the campsite, accommodation and food
supply shall be followed by the contractor.
14. Precautions against Epidemic
The authorities in charge of the colonies should get the labourers inoculated against
cholera and plague and vaccinated against smallpox at the time recruitment, if they are
not inoculated or vaccinated within 6 months or 3 years respectively prior to the date
of recruitment.
When in any labour camp there is an outbreak of epidemic disease or is threatened

with such an outbreak, the authorities in charge of the labour camps should ensure
that all the inmates of the labour colonies are inoculated or vaccinated as the case
may be depending on the diseases, within 72 hours after the outbreak.
The authorities in charge of the labour colony should arrange to communicate by wire
regarding the outbreak of the epidemic diseases on the very day of the outbreak, to the
Mamlatdar of the Taluka, the district health officer or to the deputy director/director of
public Health, Thereafter they should continue to send daily reports to the above
officers in the prescribed form regarding the progress of the epidemic disease.
When the authorities in charge of the labour colony suspect or have reason to
believe that any inmate of the labour colony is suffering from the infections or
contagious disease, they shall forthwith arrange for the segregation of such persons to
isolated huts to be specifically provided for the purpose and also for their treatment.
As regional malaria epidemic outbreaks are likely to occur in such project areas, the
authorities in-charge of the labour colonies should report promptly the occurrence of
unusual incidence of cases of malaria and also inform the District Health Officers of the
District, Deputy Director of Public Healthy (Malaria) and the Director or Public Health
and also arrange to institute all necessary anti-malarial measures as may be
advised by the officials of the Public Health Department.

27
The authorities in charge of the colonies should also arrange to carry out any other
measures that may be recommended by the officials of the Public Health Department
necessary to prevent or control the spread of disease.
15. Rest Rooms

 In every place wherein contract labour is required to halt at night in connection with
the contract works and in which employment of contract labour is likely to continue
for three months or more, the contractor shall provide and maintain rest rooms or
other suitable alternative accommodation within fifteen days of the commencement
of employment of contract labour.
 If the above amenity is not provided by the contractor within the period prescribed,
the principal employer shall provide the same within a period of fifteen days of the
expiry of the period specified in (1) above.
 Separate rooms shall be provided for women employees.
 Effective and suitable provision shall be made in every room for securing and
maintaining adequate ventilation for the circulation of fresh air and there shall
also be provided and maintained sufficient and suitable natural or artificial lighting.
 The rest room or other suitable alternative accommodation shall be of such
dimensions as to provide at least a floor area of 1 sq. mt. For each person making
use of the rest room.
 The rest rooms or other suitable alternative accommodation shall be so constructed
as to afford adequate protection against heat, wind, rain and shall have smooth,
hard and impervious surface.
 The rest rooms or other suitable alternative accommodation shall be at a convenient
distance from the establishment and shall have adequate supply of wholesome
drinking water.
16. Canteen Facilities

 In every establishment of contract work and wherein work regarding the employment
of contract labour is likely to continues for six months and wherein contract labour
numbering one hundred or more are ordinarily employed, the adequate canteen
facilities shall be provided by the contractor for the use of such contract labour within
60 days of the commencement of the employment of contract labour in the case of
new establishments.”
 If the contractor fails to provide the canteen facilities within the time laid down the
same shall be provided by the principal employer within sixty days of the
time allowed to the contractor. The cost for these facilities should be borne by the
contractor.
 The canteen shall be maintained by the contractor or principal employer of the case
may be in an efficient manner.
17. Accommodation in Canteen

 The canteen shall consist of at least dining hall kitchen, storeroom, pantry and
washing place separately for workers and for utensils.
 The canteen shall be sufficiently lighted at all times where any person has access to
it.
 The floor shall be made of smooth and impervious materials and inside walls shall
be lime- washed or colour-washed at least once in each year, provided that the
inside-walls of the kitchen shall be lime-washed every four months.
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 The premises of the canteen shall be maintained in a clean and sanitary condition.
 Waste water shall be carried away in suitable covered drains and shall not be
allowed to accumulate so as to cause nuisance.
 Suitable arrangements shall be made for the collection and disposal of garbage.
18. Accommodation in Dining Hall

 The dining hall shall accommodate at a time, at least 30% of the contract labour
working at a time.
 The floor area of the dining hall excluding the area occupied by the service counter
and any furniture except tables and chairs shall be not less than one square meter
per dinner to be accommodated as prescribed in above (1).
 A portion of the dining hall and service counter shall be partitioned and reserved for
women workers, in proportion to their numbers
 Washing places for women shall be separate and screened to secure privacy.
 Sufficient tables, stools, chairs or benches shall be available for the number of
diners to be accommodated as prescribed in above 1.
19. Equipment in Canteen

 There shall be provided and maintained sufficient utensils, crockery, cutlery,
furniture and any other equipment necessary for the efficient running of the canteen.
 The furniture utensils and other equipment shall be maintained in a clean and
hygienic condition.
 Suitable clean clothes for the employees serving in the canteen shall also be
provided and maintained,
 A service counter, if provided, shall have top of smooth and impervious materials.
 Suitable facilities including an adequate supply of hot water shall be provided
for the cleaning of utensils and equipment.
20. Food Stuff to be served
The food stuffs and other items to be served in the canteen shall be in conformity with
the normal habits of the contract labour.
21. Prices to be displayed
The charges for food stuffs, beverages and any other item served in the canteen shall
be based on “no profit, no loss” and shall be conspicuously displayed in the canteen.
22. Canteen to be run on “No Profit No Loss”
In arriving the prices of food stuffs and other articles served in the canteen, the
following items shall not be taken into consideration as expenditure, namely:
 The rent for the land and building
 The depreciation and maintenance charges for the building and equipment provided
for in the canteen
 the cost of purchase, repairs and replacement of equipment including furniture,
crockery, cutlery and utensils,

29
 The water charges and other charges incurred for lighting and ventilation
 The interest on the amounts spent on the provisions and maintenance of
furniture and equipment provided for in the canteen
The local officers should check up whether, facilities as offered and which are
admissible under the existing rules and orders are made available to the workers and
enforce upon the contractors the necessity of adhering to the instruction for promotion of
welfare of the workers according to the terms of the contract.
In case of non-provision of above labour welfare facilities within three (3) months from
the award of work, then the contractor is liable to face action by the labour welfare
department.
23. Books of Accounts and Registers of the Canteen
The books of accounts and registers and other documents used in connection with
the running of the canteen shall be produced on demand to an inspector.
24. Audit of the Accounts of the Canteen
The accounts pertaining to the canteen shall be audited once every 12 months by
registered chartered accountants and auditors. Provided that the Labour
Commissioner may approve of any other person to audit the accounts, if he is
satisfied that it not feasible to appoint a register accountant and auditor in view of the
site of the location of the canteen.
Clause 38 - Contractor to Supply Plant, Ladders, and scaffolding etc.

and is liable for damage arising from non-provision of lights, fencing
etc.
The contractor shall supply at his own cost all materials (except such special materials
if any as may, in accordance with the contract to be supplied from the Public Works
Department Stores), plant, tools, appliances, implements, ladders, cordage, tackle,
scaffolding and any temporary works which may be required for the proper
execution of the work whether in the original, altered or substituted from and whether
included in the specifications, or other documents forming part of the contract or
referred to in these conditions or not and which may be necessary for the purpose of
satisfying or complying with requirements of the Engineer-in-charge as to any matter
or to which under these conditions he is entitled to be satisfied or which he is entitled
to require together with carriage therefore to and from the work.
The contractor shall also supply without charge the requisite number of persons
with the means and materials necessary for the purpose of setting out works
and counting, weighing and assisting in the measurement of examination at any time
and from time to time, of the work or the materials, Failing this the same may be
provided by the Engineer-in- charge at the expense of the Contractor and the
expenses may be deducted from any money due to the Contractor under the contract
or from his security deposit, or proceeds of sale thereof or of a sufficient portion
thereof.
The contractor shall provide all necessary fencing and lights required to protect
the public from accident and shall also be bound to bear expenses of defence of every
suit, action or other legal proceedings at law that may be brought by any person for
injury sustained owing to neglect of the above precautions and to pay any damages

30
and costs which may be awarded in any such suit, action or proceedings to any such
person, or which may, with the consent of the Contractor, be paid in compromising
any claim by any such persons.
Clause 38A
The Contactor shall provide suitable scaffolds and working platforms, gangways and
stairways, and shall comply with the following regulations in connection therewith.
 Suitable scaffolds shall be provided for workmen for all works that cannot be safely
done from a ladder or by other means,
 A scaffold shall not be constructed, taken down or substantially altered except –
under the supervision of a competent and responsible person appointed by
contractor and by competence workers possessing adequate experience in this kind
of work.
 All scaffolds and appliances connected therewith and all ladders shall be
 of sound material
 of adequate strength having regard to the loads and strains to which
they will be subjected, and,
 Maintained in proper condition.
 Scaffolds shall be so constructed that no part thereof can be displaced in
consequence of normal used.
 Scaffolds shall not be overloaded and so far as practicable the load shall be evenly
distributed.
 Before installing the lifting gear on scaffolds, special precaution shall be taken to
ensure the strength and stability of the scaffolds,
 Scaffolds shall be periodically inspected by a competent person.
 Before allowing a scaffold to be used by his workman, the Contractor shall, whether
the scaffold has been erected by his workmen or not, take steps to ensure that is
complies fully with the regulations herein specified.
 Working platforms, gangways and stairways shall be
 so constructed that no part thereof can sag unduly or unequally,

 so constructed and maintained having regard to the prevailing conditions as to
reduce as far as practicable risks of persons tripling or slipping and
 Kept free from any unnecessary obstruction
 In the case of working platforms, gangways, working places and stairways at all
height exceeding 3 meter:
 Every working platform and every gangway shall be closely boarded unless
other adequate measures are taken to ensure safety.
 Every working platform and every gangway shall have adequate width, and
 Every working platform, gangway, working place and stairway shall be suitably
fenced.

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 Every opening in the floor of a building or in a working platform shall except for the
time and to the extent required to allow the access of person or the transport or
shifting of materials be provided with suitable means to prevent the fall of persons or
material.
 When persons are employed on a for where there is danger of falling from a height
exceeding 3 meter suitable precaution shall be taken to safeguard the persons or
material.
 Suitable precautions shall be taken to prevent persons being struck by articles which
might fall from scaffolds or other working places.
 Safe means of access shall be provided to all working platforms and other working
places.
Clause 38B
The contractor shall comply with the following regulations as regards the hoisting
appliances to be used by him
 Hoisting machines and tackle including their attachments, anchorages and support
shall
 be of good mechanical construction, sound material and adequate strength and
free from patent defect, and
 Be kept in good repair and in good working order.
 Every rope used in hoisting or lowering materials or as a means of suspension shall
be of suitable quality and adequate strength and free from patent defect
 Hoisting machines and tackles shall be examined and adequately tested after
erection on the site and before use and be re-examined in position at intervals to be
prescribed by Engineer-in- charge
 Every chain, ring, hook, shackle, swivel and pulley block used in hoisting or lowering
materials or as a means of suspension shall be periodically examined.
 Every crane driver or hoisting-appliance operator shall be properly qualified.
 No person who is below age of 15 years shall be in control of any hoisting machine,
including any scaffolds, nor shall give signals to the operator.
 In the case of every hoisting machine and of every chain, ring hook, shackle, swivel
and pulley block used in hoisting or lowering or as a means of suspension, the safe
working load shall be ascertained by adequate means.
 Every hoisting machine and all gears referred to in preceding regulation shall be
plainly marked with the safe working load.
 In the case of hoisting machine having a variable safe working load, each safe
working load and conditions under which it is applicable shall be clearly indicated.
 No part of any hoisting machine or gear referred to in regulation ‘g’ above shall be
loaded beyond the safe working load except for the purpose of testing.
 Motors, gears, transmissions, electric wiring and other dangerous parts of hoisting
appliances shall be provided with sufficient safeguards.
 Hoisting appliances shall be provided with such means as will reduce to a minimum
the risk of the accidental descent of the load.
 Adequate precautions shall be taken to reduce to minimum the risk of any part of a
suspended load becoming accidentally displaced.

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Clause 39 - Not Distinction towards Dalits
The contractor shall not show any distinction between Dalits and labours of other
classes employed to carry out the Government works.
Clause 40 - Expenses for Medical Aid
The contractor shall be responsible for and shall pay the expenses of providing
Medical aid to any workman who may suffer bodily injury as a result of an accident. If
such expenses are incurred by the Government, the same shall be recoverable from
the contractor forthwith and be deducted without prejudice to any other remedy of
Government from any amount due or that may become due to contractor.
Clause 40A - Safety Equipment for Employees
The contractor shall provide all necessary personal safety equipment such as gum-
boots, gloves etc. and first-aid apparatus available for the use of the persons
employed on site and shall maintain the same in suitable condition for immediate use
at any time and also shall comply with the following regulations in connection
therewith,
 The workers shall be required to use of the equipment so provided by the contractor
and the contractor shall take adequate steps of ensure proper use of the equipment
by these concerned.
 When work is carried out in proximity to any place where there is risk of drowning,
all necessary equipment shall be provided and kept ready for use and all necessary
steps shall be taken for the prompt rescue of any person in danger.
 Adequate provision shall be made by prompt ‘first-aid treatment of all injuries likely
to be sustained during the course of work.
Clause 41 - Access to Site and Work on Site
The engineer-in-charge may if he considers fit from time to time, enter upon any
land(s) which may be in possession of the contractor under this contract for the
purpose of executing any work not included in this contract and may execute such work
not included in this contract by ot her agents or contractors, at his option and the
contractor shall, in accordance with the requirements of the Engineer-in-charge, afford
all reasonable facilities for execution of the work including occupation of lands,
structure or otherwise for any other contractor employed by the Government and his
workmen or for the workmen of the Government who may be employed in the
execution on or near the site of the work not included in the contract or of any
contract in connection with or ancillary to the work and in default, the contractor shall
be liable to the Government for any delay or expense incurred by reason of such
default,
Provided always that if exercise of these powers shall cause any damage to the
contractor, he may within fifteen days of such damage arising, make a statement of
the same to the Engineer-in-charge w h o shall from time to time, assess the value
in his judgment of such damage and the Government shall from time to time pay to
the contractor the amounts (if any) accepted as justified by the Engineer-in-charge.
Clause 42 - Reports Regarding Labour
The contractor shall submit the following reports to the Engineer-in-charge.

33
 A daily report in the suitable forms of the strength of labour, both skilled and
unskilled employed by him on the work(s). The contractor shall increase or decrease
the strength both skilled and unskilled, if directed by the Engineer-in-charge. The
submission of such reports shall not, however, relieve the contractor of his
responsibilities and duties regarding progress or any other obligations under the
contract.
 A classified weekly return in the suitable form of the number of person employed on
the works during the preceding week,
 A Weekly medical report in the suitable form showing the health of the contractor’s
camp, the number of persons ill or incapacities and the nature of their illness.
 A report of any accident, which may have occurred, to be sent within 24 hours of the
occurrence.
 Such other reports as may be prescribed.
Clause 43 - Treasure Trove
In the event of discovery by the contractor or his employees, during the progress of the
work of any gold, silver, oil or other minerals of any description and precious stones
treasures, coins, antiquities, relic, fossils or other articles of value or interest whether
geological, archaeological or any other such treasure & other things shall be deemed to
be the absolute property of the government and the contractor shall duly preserve the
same to the satisfaction of the Engineer –In –Charge, from time to time, and deliver the
same to such persons as the Engineer-In-Charge may appoint.
The contractor shall take all reasonable precautions to prevent his workmen or any other
person from removing or damaging any such articles or things, and immediately after the
discovery thereof and before removal acquaint the Engineer-In-Charge of such
discovery and carry out his orders for the disposal of the same.
Clause 44 - Indemnity
The contractor shall indemnify and save the Government and its officers and
employees against all actions, suits, claims & demands of any charter brought in
respect of any matter or things done or omitted to be done by the contractor in the
execution of or in connection with work of this contract and through or made against
the Department in respect of work of this contract against any loss or damage to
Department in consequence of any action or suit being brought against the contractor
for anything done or omitted to be done in execution of the work of this contract.
The Govt. shall not be liable to the contractor for damages or delays resulting from work
by third party or by the injunction or other restraining orders obtained by third parties.
Clause 45 - Setting Out
The contractor shall be responsible for the true and proper setting out of the works
and the correctness of positions, levels, dimensions and alignments of all parts of the
work and for the provisions of all necessary instruments, appliances and labour in
connection therewith, If, at any time, during the progress of the work, any errors, appear
or arise in the positions, levels, dimensions or alignments of any part of the work,
the contractor, on being required to rectify such errors by the Engineer-in-charge
shall at his own expense do so to the satisfaction of the Engineer-in-charge. The
checking of and setting out of any line or level by the Engineer-in-charge or his
representative shall not in any way, relieve the contractor of his responsibilities for their

34
correctness and other things used in setting out of the work, The contractor shall
carefully protect and observe all bench-marks, site-nails, pags and other things used
in setting out of the work(s).
Clause 46 - Cement Register
A register in the prescribed from showing day-to-day receipt, consumption and

balance of cement on site of work will be maintained by the Agency / TPI, which
shall invariably be signed daily by the contractor or his authorized representative in
token of its correctness.
Clause 47 - Materials and Works Test Registers
A Register in prescribed form showing test results of materials and works will be
maintained at the site of work by the Agency / TPI and every entry thereof shall
invariably be signed by the contractor or his authorized representative in token of its
correctness.
Clause 48 - Progress Schedules
The contractor shall furnish within one month (unless extended by the Engineer-in-
charge) of the order to start the work, the progress schedule in quadruplicate indicating
the date of starting, the monthly progress expected to be achieved and the
anticipated completion date of each major item of work to be done by him, also
indicating dates of procurement and setting up the materials, plants and machinery,
The schedule should include a statement of proposed general and detailed
arrangements for carrying out works, and of item, time limit, order and manner in
which it is proposed to be executed. The schedule should be framed keeping
requirement of the Clause 22 in view and be such as in practice to the achievement
towards completion of the work in the time limit and of the particular items on
the dates specified in the contract and shall have the approval of the Engineer-
in-charge, Further, the dates for the progress, as in this schedule shall be adhered to.
In case it is found necessary, at any stage to alter the schedule, the contractor shall
submit in good time a revised schedule incorporating necessary modifications proposed
and get the same approved from the Engineer-in-charge. No revised schedule shall be
operative without such acceptance in writing, The Engineer-in-charge is further
empowered to ask for more detailed schedule or schedules, for any item or items and
the contractor shall supply the same as and when asked for.
The Engineer-in-charge shall have, at all times, the right, without in any way vitiating
this contract forming grounds for any claim, to alter the order of the work or any part
thereof and the contractor shall after receiving such direction, proceed in the order
directed. The contractor shall also revise the progress schedules accordingly and
submit four copies of the revised schedule to the Engineer-in-charge within seven days
of the said Engineer’s direction to alter the order of works.
The contractor shall furnish sufficient plant, equipment and labour and shall work for
such hours and shifts as may be necessary to maintain the progress of the work as per
approved progress-schedule, The working and shift hours shall comply with all
the Government regulations in force and shall be such, as may be approved by the
Engineer-in-charge and the same will not be varied without the prior approval of
Engineer-in-charge.

35
The contractor shall from time to time, as may be required by the Engineer-in-charge,
furnish the Engineer-in-charge with a statement in writing of the arrangements he
proposes to adopt for the execution of this contract and the Engineer-in-charge may, if
he considers necessary at any time advise alteration in the same, which the contractor
shall adopt on notice thereof.
The progress-schedule(s) shall be in the form of progress chart, forms, statements

and/or reports as may be approved by the Engineer-in-charge.
The contractor shall submit four copies showing the progress of the work in the form of a
chart etc., at periodical intervals as may be specified by the Engineer-in- charge.
The approval of the progress schedules by the Engineer-in-charge shall not relieve the
contractor of his obligation about time limit and shall not entitle the contractor to any
extra payment.
The contractor to note that the priority of works apart from pipeline works, the works
such as pump house, railway/road crossings etc. to be taken up as part of project work.
Clause 49 - Value Added Tax (VAT), Swatch Bharat cess & Krishi Cess
The rates to be quoted by the contractor must be inclusive of VAT Tax and other
statutory taxes as per the present applicable rates, except exise duty detail as per clause
no. 2.12 of General condition of contract. No extra payment on this account will be made
to the contractor. At time of payment of bills, VAT will be deducted from Source as per
existing provision in Gujarat VAT Tax Act 2003. According to the current provision in
the contract above Rs. One Crore, provision of deducting VAT at source is 0.6 %. This
matter is regarding at source and as in this act time to time amendments are made
accordingly to latest provision deduction shall be made. Contractor has to quote rates
inclusive of all taxes. Hence this tax is not reimbursable (F.D. Notification No. (GHN-
14) 2008-S-59-B-(3) (1) TH dt.1-4-2008) (Finance Department resolution dated
01/04/2008 No. (GHN-14) VAT -2008-S59-B (3) (c) TH.). The current prevailing Tax’s for
Swatch Bharat Cess (0.5 %) & Krishi cess (0.5 %) which will be recovered from
contractors bills as per the norms of department.
Any statutory variation in VAT taxes aries due to introduction of GST during construction
period, Such variations will be paid / recover from the contractor bill as per actual.
Clause 50 - Rent for land
The department shall allot the land on rental basis to the contractor only if the sufficient
land is available. The contractor shall not have any claim if such land is not made
available to him by the department. Rent will be recovered from contractors for the land
given to them for stacking materials as well as for the construction of temporary
hutments etc.
Land measuring charges:

 One hectare or less Rs. 500 per month
 More than one hectare and up to two hectares Rs. 1000 per month
 More than 2 hectares and up to 3 hectares Rs. 1500 per month
 More than 3 hectares and up to 4 hectares and so on Rs. 2000 per month

36
Clause 51 - Secured Advance to Contractors – Deleted
Clause 52 - Advance Against Machineries – Deleted
Clause 53 - Mobilisation Advance

1. Mobilization advance to the extent of 5% of the estimated cost may be granted at the
commencement of the work after the contractor has set up camp on site, has brought
machineries, equipment and centering etc. for pipeline work and has completed the
work of service road, water supply and lighting arrangements on the site of the works
which are estimated to cost over Rs. 40 Lacs. The contractor shall furnish demand for
advance not later than 90 days of work order, failing to which contractor’s demand for
advance shall be rejected out rightly.
2. The mobilization advance will carry a simple interest @ Prime landing rate of State
Bank of India + 2% on date of entering the agreement for this work. Rate of
interest shall not be less than 12%.
3. The recovery of advance shall commence from the sixth (6) month from the month in
which the advance is paid, and full recovery of advance and interest shall be
completed by the end of eighteen (18) months from the date of issue of work order..
4. A bank guarantee from a scheduled / nationalized bank shall have to be produced for
the amount of advance applied for the bank guarantee can be scaled down to the
extent of recovery of advance.
5. Mobilization advance will be treated as interest bearing refundable loan for the
purpose. The responsibility of the contractor for the refund of mobilization advance is
absolute and not dependent upon the work completion. The contractor will have to
refund the advance with accrued interest irrespective of the fact whether the contract
is breached by either party or abandoned or finalized prematurely.
Clause 54 – Program of work

1. Program of Work and Employment of Engineer - The contractor shall furnish in
writing for approval of the Engineer-in-charge, as soon as practicable after the
acceptance of the tender and wherever required thereafter ‘Bar/PERT Chart
showing Critical Path of his proposed general and detailed arrangement for
carrying out the works and of the time order and manner in which it is proposed
that these shall be executed. The Engineer-in- charge may approve the proposals
if necessary after suitable modifications. The works shall than be carried out
according to the approved Bar/PERT Chart showing Critical Path and no change
shall be made except with the approval of or at the instance of the Engineer-in-
charge.
The approval of a Bar/PERT Chart shall not relieve the contractor of his duties and
responsibilities under the contract. The adoption of any modification in the
Bar/PERT chart required by the Engineer-in-charge shall not entitle the contractor to
any extra payments.
 For each work costing above Rs. One (1) Crore, the contractor shall have to engage
minimum one graduate Engineer. He will be given identity card by the contractor. The
copy of identify card shall be furnished for the office of Deputy Executive Engineer,
Executive Engineer & Superintending Engineer. The identified Engineer should
remain present on the site of the work. If not found on site, the Engineer-in-charge will
give notice of this default to the contractor. If in spite this notice, default continues, the
action to hold the registration of defaulter contractor for three years will be initiated (R.
& B. D. Circular No. SSR-10-2008-18-C dated 13-10-08)

37
 Work to be open to inspections – contractor or responsible agent to be present:- All

works under or in course of execution or executed in pursuance of the contractor
shall, at all times be open to the inspection and supervision of the Engineer-in-charge
and his subordinates and the Contractor shall, at all times during the usual working
hours, and all other times for which reasonable notice of the intimation of the
Engineer-in-charge or his subordinate to visit the works shall have been given to the
contractor, either himself to be present to receive order and instruction or have a
responsible agent duly accredited in writing present for that purpose. Orders
given to the contractor’s duly authorized agent shall be considered to have the same
force and effects as if they had been given to the contractor himself.
 Employment of a qualified Managers / Engineers by the Contractor:
The contractor shall employ minimum no. of full-time technically qualified staff during the
execution of this works as defined Pre-qualification criteria (Volume I).
Within 15 days of issue of work order, the contractor will have to furnish to the
Engineer-in-char ge, t he Name, Quali fica tion copy o f mar k she et, colour pho togr aph
and appointment order issued to suc h En gineer eng aged for this contract work. If
15 days after i ssue of wor k or der such des ignate d site e ngineer s do not resume o r
do not remain present on sit e of work, the re covery a t the rate of Rs. 35,000/- per
month per Engineer will b e ma de from the bil ls / dep osi t/ due s of the cont ractor.
Such re cove ry shall b e no n-refundab le.
The Engineer so em ploye d fo r the Go vernment work mus t ha ve sufficien t

exp erience to handle the work independently. Such an Engineer shall have to stay at
the site at the site of work and he shall not be entrusted with other duty except this
work. In case the contractor of partner of the contractor firm is a Civil Graduate Engineer
Employment of a separate Engineer will not be necessary provided that the Engineer
partner himself attends the execution of the work on the site. G.R.B. & CD No. RGN-
6090-UO-24(42)-C, Dated 26-11-90.
Clause 55 - Removal of Contractor’s Employees
The contractor shall employ in and about the execution of the work only such
persons as are careful, skilled, competent and experience in their several trades and
shall on the direction of the Engineer-in-charge forthwith cease to be in employ in and
about the execution of the works and person who, in the opinion of the Engineer- in-
charge misconducts himself, is incompetent or negligent in the proper performance of
his duties, whose continued employment is undesirable for any reason. Such person
shall not be again employed upon the work without the permission of the Engineer-in-
charge.
Clause 56 - Inspection of work and material
The Contractor will be held strictly responsible to the true intent of the specification in
regard to quality of materials workmanship and the diligent execution of the contract.
All materials and each part of details of the work shall be subject at all times to
inspection by the Engineer-in-charge, Departmental Representative or other
authorized subordinates who shall be furnished with reasonable facilities and
assistance by the contractor for ascertaining whether or not the work as performed
or the materials used are in accordance with the requirements and intent of the
plans and specification.

38
The contractor shall furnish written information to the Engineer-in-charge stating the
original source of supply and dates of manufacture of all materials manufactured
away from the actual site of work. This information shall be furnished at least two
weeks (or such period as may be directed by the Engineer-in-charge) in advance of
the incorporation of any such material in the works.
The contractors shall also inform the Engineer-in-charge in writing when any portion
is ready for inspection giving him sufficient notice to enable him to inspect the
same without having regard to the further programme of the work.
Any work done or materials used without supervision or inspection by the Engineer-in-
charge or the Departmental Representative is liable to be rejected and replaced
at the Contractor’s expense.
If so directed, the contractor shall at any time before the acceptance of the work
remove or uncover such portions of the finished work as may be directed. After
examination the contractor shall restore the said portions of the work to the standards
required by the specifications. Should the work thus exposed or examined, prove
acceptable the expenditure incurred in opening up and replacing shall be borne by
Government but should the work so examined or exposed prove unacceptable the
expenditure shall be borne by the contractor. The work shall not be considered to
have been completed in accordance with the terms of the contract until the Engineer-in-
charge shall have certified in writing that it has been completed to his satisfaction.
No approval of materials or workmanship or approval part of the work during the
progress of execution shall bind the Engineer or in any way effect his power to
reject the work when alleged to be completed or to suspend the issue of his
certificate or completion until such alteration or modifications or reconstructions have
been affected as shall enable him to certify that the work has been completed to his
satisfaction.
The inspection of the work or materials shall not relieve the contractor of his
obligations to fulfil the terms and conditions of the contract as herein prescribed by the
plans and specification.
Failure to reject any defective work or material will not in any way prevent later
rejection when defect is discovered or oblige the department to make final acceptance.
Clause 57 - Testing of Material and works
All materials, before being incorporated in the work, shall be inspected and if
necessary tested for approval by the Engineer-in-Charge.
Any work on which such materials are used without prior inspection or necessary testing
and without approval or written permission of the Engineer-in-charge is liable to be
considered as unauthorized, defective and not acceptable.
The contractor shall furnish such facilities, instruments, machinery, equipment,

labour and materials as the Engineer-in-charge may require for collecting and
forwarding sample or for ascertaining the quality, quantity, or weight of materials used
and if so directed shall not make use of or incorporate in the work, any materials
represented by the sample until the required tests are made and the materials
accepted.
Schedule of testing showing frequency of material testing of the material supplied by

the contractor should be referred as per relevant latest Indian Standard (Please refer
39
Vol. IIIA: Technical Specifications. In this volume, some of Indian standards have
listed. However, the contractor shall refer latest applicable standards to carry out the
work).
Testing at manufacturing plant / factory testing:
All the materials, which are to be procured for this work shall be tested at manufacturing
plant / factory testing as per the specified testing frequency, in presence of departmental
representatives. All the costs for such testing shall be borne by the contractor.
Testing at Work Site:

1. Minimum 80% of Tests: The contractor shall construct fully equipped testing
laboratory at site for the testing of materials/ end product at site. This testing shall be
carried out as per the specified testing frequency and in presence of departmental
representatives. All the costs for such testing shall be borne by the department by
deducting @ 1% amount from each running bill. If the test result fails the retesting
charges shall be borne by contractor.
2. Minimum 20% of Tests: This testing shall be carried in consultation with department
as per the specified testing frequency @ GERI (Gujarat Engineering & Research
Institute) laboratory and/ or at other State/ Central Govt. approved laboratories (the
list of approved laboratory shall be provided by the Department from time to time). All
the costs (including testing charges raised by GERI, State/ Central Government
approved laboratory) of such test shall be borne by the department by deducting @
1% amount from each running bill. If the test result fails the retesting charges shall be
borne by contractor.
Clause 58 - Unauthorized and Defective works
No work shall be done without lines levels grades, lengths and other dimensions having
been given or approved by the Engineer-in-charge or when authorised by him, by the
Departmental Representative or other authorised subordinates. Any work done by the
contractor prior to the approval of the contract, work done contrary to or regardless of
the instructions of the Engineer-in-charge, work done beyond the lines shown on the
plans or as given or any extra work done without authority will be considered as
unauthorised and will not be paid under the contract. Work so done may be ordered to
be removed or replaced at the Contractor’s expense.
All work and materials which do not conform to the requirement of the contract whether
on account of poor workmanship, defective materials, unsuitable equipment and plant,
carelessness or any other cause shall be considered as defective.
The Engineer-in-charge shall have power to order removal or replacement of all

unauthorised work which in his opinion be removed or replaced and all defective work
found to exist, prior to the refund of security deposit.”
Clause 59 - Night Work
Subject to any provisions to the contrary contained in the contract no work shall be
carried on between the hours of sunset and sunrise without the written permission of the
Engineer-in-charge except when it is unavoidable or absolutely necessary for saving life
or property or for the safety of the work in which case the contractor shall immediately
inform the Engineer-in-charge or his Department Representative, provided always that
the provision of this clause shall be applicable in the case of any work, which it is

40
customary to carry out by double or rotary shifts in which case sufficient advance notice
shall be given of the intention to work at night to the Engineer-in-charge.
The contractor shall also carry on work between sunset and sunrise if so required by the
Engineer-in-charge in writing for expending the progress on the works or for any other
reasons.
Whenever any work is required to be carried out at night, adequate lighting arrangement
shall be made to permit proper execution and supervision of the work. The Contractor
shall not be entitled to any extra payment for night work.
Clause 60 - Contractor’s Site Office
The contractor shall have an office adjacent to the site at a place as may be
approved by the Engineer-in-charge where all directions and notice of any kind
whatsoever which the Engineer-in-charge or his Departmental representative may
desire to give to the contractor in connection with the contract can be communicated
and the same may be left at or sent by post to such office or delivered to the
contractor’s authorized agent or representative and shall be deemed to be sufficiently
served upon contractor.
Clause 61 - Work Order Book
Within seven days of the receipt of the order to take up work, the contractor shall supply
at his own cost a work order book having machine numbered pages in duplicate to the
Departmental Representative. This book shall be kept at the site of work under the
custody of the Departmental Representative. Directions or instruction to be issued to the
contractor from the superior officer (except when such directions or instructions are
given by separate letters) The contractor or his authorised representative shall regularly
note the entries in the Work Order Book and also record therein the action taken or
being taken by him in compliance with any relevant point. The Contractor or his
authorised representative may take away for his own record, the duplicate pages of
Work Order Book which are the copies of the original pages.
The Work Order Book shall not be removed from the site of work except with the written
permission of the Executive Engineer.
Clause 62 - Explosives and Inflammable Materials
The use of explosive material shall only be permitted after written permission from the
Engineer-in-charge and other competent authorities. For the works to be executed in
close proximity of the reservoir, habitants and other important structure, only controlled
blasting shall be permitted. The contractor shall have to get approve the detail
methodology and blasting operation plan from the engineer-in-charge. If explosives or
inflammable materials are to be used for the prosecution of the works, the contractor
shall at his own expense, obtain such licenses or license as may be required for
storing and using explosives and/or inflammable materials and locate, construct and
maintain magazines if such are required for storage in accordance with the
requirements of the appropriate Government Rules in force such magazines shall be
clearly marked “ Dangerous-Explosive” in the regional language and Devnagari and
shall be in the care of competent watchman all the time.
The contractor shall exercise the utmost care while using explosives and/or
inflammable materials not to endanger life or property and shall be solely responsible
for any and all damages resulting from their storage and use and shall indemnify
41
Government and its officers and employees against any claim or liability arising out
of any accident or violation of any general rules orders, etc.
Clause 63 - Storage of Cement and Steel
The contractor shall hire or construct at his own cost, one or more suitable weather
proof godown/s of adequate capacity, for storing cement and protecting it from
dampness as directed. The godown/s shall be located at site approved by the Engineer-
in-charge and shall comply with the requirements laid down for storage of cement. The
contractor shall also take all necessary precautions and follow the method of storage as
specified therein to minimize deterioration and loss of cement.
The steel shall be handled with reasonable care while transporting and storing to
prevent the bars getting twisted or bent. If kept in the open the bars shall be protected
from weather effects with tarpaulin, if so directed. All possible care will be taken to
prevent any rusting and to preserve fitness and quality for work.
Clause 64 - Materials to be supplied by Government - Deleted
Clause 65 - Care, Maintenance and Repair of Works
From the commencement until the time work is completed and finally accepted, the care
and maintenance thereof will be the responsibility of the contractor and for the case of all
temporary works to the satisfaction of the Engineer-in-charge.
If the contractor fails to comply with the requirement mentioned above the Engineer-in-
charge will immediately instruct to comply with the same within prescribed period. In the
event of the contractor failing to do, the Engineer-in-charge will immediately proceed to
care for maintain or repair at the cost of the contractor.
Clause 66 - Co-Operation with Other Construction Agencies
The contractor shall in accordance with the requirements of the Engineer-in-charge

afford all reasonable facilities to any other contractors or piece-workers employed by
the Department and their works or other properly authorized authorities or statutory
bodies who may be employed on the execution on or near site of any work not included
in the contract or to any contractor with whom the Department may enter into contract in
connection with or ancillary to the works.
The contractor shall conduct his work so as not to interfere with or hinder the progress
or completion of the work being performed by other contractors or piece-workers
or by the Department and shall as far as possible arrange his work and shall
place and dispose of the materials being used or removed so as not to interfere
with operations of the other contractor, piece worker or of the Department. He shall
co-ordinate his work with that of the other agencies- in an acceptable manner and shall
perform it in proper sequence to that of others.
The contractor shall assume all liability financial or otherwise in connection with his
contract and shall protect Government from and all damages and all claims that may
arise because of inconvenience, delay or loss experienced by him or because of the
presence and operations of others working on or near the site.

42
Clause 67 - Compliance of laws
The contractor shall keep himself fully informed of all acts and laws of the Central and
State Government, all local bye-laws, ordinance rule and regulations, Indian statutes,
regulations, ordinances, codes, official or other standards, administrative or other rules,
zoning and other plans and restrictions, building and other permits, judgements awards
and decrees of, or agreements with government, semi-government or quasi-Government
Authority and all orders and decrees of bodies or tribunals having jurisdiction or authority
which in any manner affect those engaged or employed on the work or which in any way
affect conduct of the works. He shall at all times observe and comply with all such laws,
ordinances, rules regulations, order and decrees and shall give all notices and pay out of
his own money, fees or charges to which he may be liable.
He shall protect and indemnify the Government and its officers and employees against
any claim or liability arising from or based on the violation of any such laws, ordinance,
regulations, orders or decrees whether by himself or by his employees.
Clause 68 - Patented Devices, Materials and processes
Whenever the contractor desires to use any design device, drawing, information
materials or processes covered by a patent or copyright, he shall acquire the right for
such use by suitable legal agreement with the patent owner at his own expense
and a copy of the agreement shall be filed with the Engineer-in- charge. The
contractor shall indemnity the Government from and against all claims proceedings
damages, costs and expenses which may be brought or made against the Government or
to which they may be put by reason of the contractor infringing or being held to have
infringed any patent right or copy-right in relation to any design, device drawing,
materials or processes at any time during the prosecution or after the completion of
the work and in the event of any injunction being obtained against the use of the same,
contractor shall replace the same with other materials, designs, drawing, device
processes etc which do not infringe any such patent right or copy right to the
satisfaction of the Engineer-in charge.
Clause 69 - Convenience of traffic
The contractor shall notify in writing the Engineer-in- charge of the starting of any
construction or other operation that may in any way inconvenience or cause endanger
traffic, at the earliest possible date and sufficiently in advance to enable the
Engineer-in-charge to take action as per rules. Under no circumstance, the contractor
shall close any road to traffic without the written permission of the Engineer-in-charge.
Whenever necessary temporary detours shall be made and maintained for traffic such
diversions shall have a width of not less than 20 feet through out and shall be provided
with necessary road signs clearly visible at a distance by days or nights. There shall
be a preliminary warning by red flags by days red lamps by night at a distance of
500 feet from the ends of diversion. All diversions shall by clearly mark by white
washed stones on other such means.
All operations necessary for the excavation of works and for the construction of any
temporary works shall so far as the compliance with requirements of the concrete
permits be carried on so as not to interfere unnecessary or improperly with public
convenience or with the access to use and occupation of public or private roads and
foot-paths, Least possible obstruction shall be caused to traffic.

43
Clause 70 - Prevention of Nuisance and Pollution
The contractor shall take all necessary precautions to prevent any nuisance or
inconvenience to the owners, tenants or occupations of adjacent properties and to the
public generally and to prevent and damage to such properties and pollution of streams
and waterways. He shall make good, at his own expense and to the satisfaction of
the Executive Engineer any damage to road, paths cross- drainage works or
private property when so-ever and whatsoever caused by the execution of the work or
traffic brought thereon by the contractor. All waste or superfluous materials shall be
cleaned away by the contractor.
Clause 71 - Trespass
The Contractor shall at all- time be responsible for any damages or trespass
committed by his agents and working people in carrying out the work, unless such
damage or trespass is authorized by the Engineer-in-charge in writing.
Clause 72 - No Waiving of Legal Right and Power
The Department shall not be precluded or stopped by any measurement, estimate or

certificate made either before or after the completion and acceptance of the work and
payment therefore, from showing the true amount and character of the work performed
and materials furnished by the contractor and from showing that any measurement,
estimate or certificate is untrue or incorrectly made nor that the department shall be
precluded or stopped recovering from the contractor such damage as it may sustain by
reason of his failure to comply with the terms of the contract, Neither the acceptance by
the Department nor any representative of the Department nor any payment for or
acceptance of the any part of the work nor any extension of time nor any possession
taken by the Department shall operate as a waiver of any portion of the contract any
herein reserved or of any right to damages. A Waiver of any breach of the contract shall
not held to be waiver of any other of subsequent breach from showing the true amount
and character of the work performed and materials furnished by the contractor and from
showing that any measurement estimate or certificate is untrue or incorrectly made
nor that the department shall be precluded or stopped recovering from the contractor
such damage as it may sustain by reason of his failure to comply with the terms of the
contract, Neither the acceptance by the Department nor any representative of the
Department nor any payment for or acceptance of the any part of the work nor any
extension of time nor any possession taken by the Department shall operate as a
waiver of any portion of the contract any herein reserved or of any right to damages, A
Waiver of any breach of the contract shall not held to be waiver of any other of
subsequent breach.
Clause 73 - Police Protection
If police is asked by the contractor for special protection of his camp/ work site, the
Department will arrange for such protection so far as possible the authorities
concerned and the full cost of such protection shall be debited to the contractor and
recovered from his bills.
Clause 74 - Land Required by Contractor
The NWRWS&K Department will make such land, if available with the department
within the department limits as may not be required for departmental use, available
on rent as per clause 50 of this agreement to the contractor to an extent not exceeding
that required for bonafide execution of the work. Should the contractor require

44
additional land outside the Department limits for housing his staff or labour or for
construction his office, godown/s or approach roads, or for storing materials or for any
other reasons, he shall make his own arrangements at his cost with the land
owners/other govt. departments on such terms as may be mutually agreed between
the contractor and the owners.
The contractor shall have to abide by the regulations of authorities concerned as well
as by the direction of the Engineer-in-charge for the use of site of work.
Clause 75 - Charge in Prices, Rates, Wages etc. subsequent to the

Acceptance of the Tender
The contractor shall except otherwise provided here in, not be entitled to claim any
compensation on the ground that subsequent to the acceptance of the tender there
was increase in the price(s) rate(s) of materials or wages of labour/workers.
1. To obtain, permits, licenses, quota, certificate, foreign exchange, etc, for any
materials or items of work etc. required by him.
2. To obtain rail and other priorities for transport of his plant, tools, equipment, stores
machinery materials, labour staff etc.
3. To arrange with civil supply authorities for release of controlled food stuffs, if any for
labour and staff.
Clause 76 - Settlement of disputes and Arbitration
Clause 76A - Appeal to Chief Engineer
Any dispute, as to the matters arising pursuant this contract that cannot be settled
amicably within 30 days after receipt of decision by the Engineer-in-charge, of the
contractor’s representative made by reference to this clause shall be submitted by the
contractor to the committee headed by Chief Engineer for settlement. The Chief
Engineer shall convene the meeting of the Engineer-in-charge and contractor, when the
contractor will be given opportunity to present his case with production of documentary
and oral evidence. The Engineer-in-charge will be given the opportunity to give reply to
the issues raised by the aggrieved party and to produce documentary and oral evidence
to substantiate his submission. After hearing both the parties, the committee headed by
Chief Engineer will give reasoned decision within 45 days from the date of receipt of
appeal by the contractor.
Clause 76B - Arbitration
If the decision of the Chief Engineer given under above clause 76A is not acceptable to
the contractor, the dispute shall be referred, within 90 days from the date of receipt of
such decision (or) if no decision within specified time of 45 days is given by the Chief
Engineer, to the Statutory Gujarat Public Works Disputes Arbitration Tribunal (In case of
“works” defined in Gujarat Public Work Disputes Arbitration Tribunal Act, 1992)
The reference to the Chief Engineer or to the Arbitration Tribunal under this clause shall
not entitle the contractor to stop the progress of work.
In case of dispute leading to the contractor or government of Gujarat approaching to the

court of laws it shall be within the jurisdiction where the site of work is situated.

45
Clause 77 - Empty Cement Bags – (Deleted)
Clause 78 – Building and other construction welfare Cess Act
Deduction at 1% of the value of work paid shall be made from each bill towards “Building
and other construction welfare cess Act” and Gujarat Rules of 1998 framed for
implantation of the said Act. (Notification NO.GHR-2005-094-CWA-2004)841) M-3 dated
31-01-05 of labour and Employment Department and R. & B.D.G.R. No. S.S.R.-102004-
LB-41-(24)-C dated 2-12-2006).
Clause 79 – Default by the Contractor
If the contractor shall neglect or fail to proceed with the work with due diligence or if he
violates any of the provision of the contract, the Engineer-in-charge shall give the
contractor a notice, identifying deficiencies in performance and demanding corrective
action. Such notice shall clearly state that it is given under the provision of this clause.
After service of such notice, the contractor shall not remove any plant, equipment and
material from the site. The Government shall have lien on all such plant, equipment and
material from the date of such notice till the said deficiencies have been corrected as
mentioned in the said notice.
If the contractor fails to take satisfactory corrective action within 10 days after receipt of
such notice, the Engineer-in-charge of behalf of Governor of Gujarat shall terminate the
contract in whole. In case, the entire contract is terminated, the amount of Security
deposit and performance bond if any together with the value of work done but not paid
for, shall stand forfeited to the Government. The plants, equipment and materials, held
under this clause shall then be at the disposal of Government to recover the amount
equivalent to the liquidated damages and registration of the contractor shall be kept in
abeyance for 3 years from the date as fixed in all such cases.
The Engineer-in-charge if necessary shall direct that a part or the whole of such plant,
equipment and material be removed from the site within a stipulated period. If the
contractor fails to do so, the Engineer-in-charge shall cause them or any part of them to
be sold holding the net proceeds of such sale to the credit of Contractor. After settlement
of accounts, the lien by the Government of the contractor’s remaining plant, equipment
and balances of materials shall be released.
Termination of the contract in whole shall be an adequate authority for the Engineer-in-
charge to demand discharge of the obligations from the guarantors’ of the security for
the performance.
Clause 80 – Work not to be sublet. Contractor may be rescinded and

security deposit forfeited for subletting or for bribing a public officer or
if contractor becomes insolvent
The contractor shall not be assigned or sublet and if the contractor shall assign or sublet
his contract or attempt to do so or become insolvent or commence any proceeding to get
himself be adjudicated an insolvent or make any compromise with his creditors, or
attempt to do so, the Engineer-in-charge may, by notice in writing rescind the contract.
Also, if any bribe, gratuity, gift, loan, perquisite, reward or advantage pecuniary or
otherwise, shall either directly or indirectly be given promised or offered by the contractor
for any of his servants or agents to any public officer or person in the employ of
government in any way relating to his office or employment or if any such officer or
persons shall become in any way directly or indirectly interested in contract, the
Engineer-in-charge may thereupon by notice in writing rescind the contract in the event

46
of contract being rescinded, the security deposit of the contractor shall thereupon stand
forfeited and be absolutely at the disposal of the government and the same
consequences shall ensure as if the contract had been rescinded under Clause-79
whereof and in addition the contractor shall not be entitled to recover or be paid for any
work therefore actually performed under the contract.
Note: The contractor shall also refer the Clause No. 22 of this volume in regard to
the works of crossings (Pipe / Box pushing) and its structures.
Clause 81 - Insurance
The contractor shall be responsible to arrange for insurance of all labourers, skilled and
unskilled, workers, supervisors etc. employed by him as per labour regulation of the
state. The Contractor shall, without limiting his or the Employer’s obligations and
responsibilities insure
 The Works, together with materials and Plant for incorporation therein, to the full
replacement cost.
 The Contractor’s Equipment and other things brought onto the Site by the
Contractor, for a sum sufficient to provide for their replacement at the Site.
The insurance detailed above shall be in the joint names of the Contractor and
the Employer at the Contractor’s cost and shall cover the Employer and the
Contractor against all loss or damage from whatsoever cause arising, from the
start of the project to the date of completion of operation and maintenance period.
Any amounts not insured or not recovered from the insurers shall be borne by
the Contractor in accordance with their responsibilities under this chapter.
The Contractor shall also, except if and so far as the Contract provides otherwise,
indemnify the Employer against all losses and claims in respect of:
 Death of or injury to any person, or,
 Loss of or damage to any property
Which may arise out of in consequent of the project execution and the remedying of any
defects therein, and against all claims proceedings, damages, costs, charges and
expenses whatsoever in respect thereof or in relation thereto.
The insurance policy shall include across liability clause such that the insurance
shall apply to the Contractor and to the Employer as separate insurers.
The Employer shall not liable for or in respect of any damages or compensation
payable to any workmen or other person in the employment of the Contractor or any
Subcontractor. The Contractor shall indemnify and keep indemnified the employer
against all such damages and compensation, and against all claims, proceedings,
damages, costs, charges, and expenses whatsoever in respect thereof or in relation
thereto.
In the event that the contractor fails to comply with the above provisions, the Engineer-
in-charge shall take necessary actions to get the insurance with the above coverage
and all the costs thereof shall be recovered from the amount payable to the contractor.

47
SCHEDULE ‘A’
Schedule showing (approximately) the materials to be supplied from the public works
store for work contracted to be executed and the rates at which they are to be charged for
Rate at which the materials will be Place of Delivery

Approximate charged to the contractor
Particulars
Quantity
Unit Rate in Rupees
1 2 3 4 5
To be procured by the contractor at his own cost.
Special Condition:-
Note:- Item of excavation in Hard rock is to be operated as per tender item and hard rock
received shall be issued to contractor at the SOR rate for year 2015-16 Rs. 148.00 per cum as
per operated quantity. The royalty if any shall be paid by contractor on such quantity of hard rock
to relevant department the stuff of hard rock irrespective of voids or quarry, Spalls shall be taken
by contractor. The excavated hard rock issued fully on USR to contractor.
Executive Engineer
Bhavnagar Irrigation Project Division
Bhavnagar,

48
SCHEDULE - ‘B’
Schedule of Items for which rates that will be paid or recovered for
authorized variations in the work on the contractor’s own design
Item of Rate in Figures Rate in Words Unit Remarks, if any

Work
1 2 3 4 5
As per Volume IV – Price Bid
Executive Engineer
Bhavnagar Irrigation Project Division
Bhavnagar,

49
ANNEXURE
PERFORMANCE BOND
(See Clause 21)
(The date of this bond must not be prior to the date of the instrument in connection with which it is
given.)
_____________________________________________________________________________
Principal (Contractor)
_____________________________________________________________________________
Surety (Scheduled or Nationalised Bank)
_____________________________________________________________________________
Sum of bond (express in words and figures)
_____________________________________________________________________________
Contract No. and date of contract
_____________________________________________________________________________
KNOW ALL MEN BY THESE PRESENTS, THAT WE, THE PRINCIPALS AND SURETY
Above named are held and firmly bound up to the ___________________________ hereinafter
called the Employer in the amount state 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 Contractor on demand and
without demand on a claim being made the Employer.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principals have entered in
to 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 undertakings,
covenants, terms, conditions and agreements of said contract during the original terms of the
said Contractor and any extensions thereof that may be granted by the Employer with or without
notice to the surety and during the life or any guarantee required under the contract and shall
also well and truly perform and fulfil all the Undertakings, covenants, terms, conditions and
agreements of any all duty and unduly 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 loss 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

the guarantee herein Contained shall remain in full force and effect during the period that would
be taken for the validity up to the project commissioning, 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 or 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
50
discharges the guarantee. Unless a demand of 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 WHERE OF, the above bounded parties have executed this instrument under their
several seals on the date indicated above the name and corporate seal of each corporate partly
being hereto affixed and these presents duly signed by its undersigned representative, pursuant
to authority of its governing body.
In the presence of witness Individual
Principal
……………………………………………… as to …………………………………………….. (seal)
……………………………………………… as to …………………………………………….. (seal)
……………………………………………… as to …………………………………………….. (seal)
……………………………………………… as to …………………………………………….. (seal)
By ………………………………………………………. affix Corporate Seal
Attested Corporate Surety

Business address_______________________
Affix by …………………………………………………… Corporate Seal
---------------------------------------------------------------------------------------------------------------------------------
Title
---------------------------------------------------------------------------------------------------------------------------------
For and on behalf of the Employer
Signature of the Contractor: Signature of the Executive Engineer

51
2. General Conditions of Contract
2.1 Preface
All the conditions given in the clauses appearing hereinafter shall be deemed to form a
part of the Contract and shall be deemed as supplement to the same. These conditions
shall be binding to the contractor in the same manner as the terms and conditions in the
Conditions of Contract.
2.2 Definitions and Interpretations

In the contract (as hereinafter defined), the following words and expressions shall
have the meanings hereby assigned to them.
 Approved / Approval: Means approval in writing.
 Bidder / tenderer: Means individual, proprietary firm, firm in partnership, limited
company, corporation or group of firms (not exceeding three) forming a joint venture,
applying to become eligible to tender.
 B.I.S: Means Bureau of Indian Standards.
 Construction Plant: Means all equipment, appliances or things of whatsoever nature
required for the execution, completion or maintenance of the work or temporary
works but does not include materials or other things intended to form or forming part
of permanent work.
 Contract: Means the instructions and information for tenderers, conditions of
contract, general and special conditions of contract, specifications, drawings, tender
(including schedules of quantities & tender prices), the formal agreement between
the employer and contractor and tender related clarifications/ correspondences, all
addenda and attachments related to the above.
 Contractor: Means individual, proprietary firm, firm in partnership, limited company,
corporation or group of firms (not exceeding three) forming a joint venture and the
final legal successor with whom the contract has been made for executing the
works.
 Contract Price: Means the agreed amount stated in the Contract Agreement for the
Engineering, Procurement and Construction (EPC) including O & M of the works
and the remedy of any defects, and includes adjustments (if any) in accordance with
the Contract.
 Contractor’s Equipment: Means all equipment, tools, apparatus, machinery,
vehicles and other things required for the execution and completion of the works and
the remedying of any defects. However, Contractor’s Equipment excludes
Temporary works, Departmental equipment (if any) plant, materials and any other
things intended to form or forming part of the permanent works.
 Compliance with Laws: The Contractor shall, in performing the Contract, comply
with applicable Laws:
 the Employer shall have obtained (or shall obtain) the planning, zoning or
similar permission for the permanent work, and any other permissions
described in the Employer’s requirements as having been (or being) obtained

52
by the Employer; and the Employer shall indemnify and hold the Contractor
harmless against and from the consequences of any failure to do so; and
 the contractor shall give all notices, pay all taxes, duties and fees, and obtain all
permits, license and approvals, as required by the Laws in relation to the
design, execution and completion of the Works and the remedying of any
defects and contractor shall indemnify and hold the employer harmless against
and from the consequences of any failure to do so.
 Contractor's Obligations: Means the obligation to execute the Project in its
entirety and shall, without limitation, including the Operation and Maintenance.
 Contractor’s Use of Employer’s Documents: As between the Parties, the
Employer shall retain the copyright and other intellectual property rights in the
Employer’s requirements and other documents made by (or on behalf of) the
employer. The contractor may, at his cost, copy, use, and obtain communication of
these documents for the purposes of the contract.
They shall not, without the Employer’s consent, be copied, used or
communicated to a third party by the Contractor, except as necessary for the
purposes of the Contract.
 Country: Means the Country in which the site (or most of it) is located, where the
Permanent Woks are to be executed.
 Day: Means a day from midnight to midnight.
 Defects Liability Period: Means the period of THREE years for all works
commencing from Date of Issue of Commissioning Certificate (Phase II)
 Drawings: Means the drawings referred to the specifications, detail drawings
prepared, submitted time to time by the contractor and any modifications of such
drawings approved by the Engineer-in-Charge.
 Employer: Means the person named as employer in the Contract Agreement and
the legal successor in title to this person.
 Employer’s Equipment: Means the apparatus, machinery and vehicles (if any)
made available by the Employer for the use of the Contractor in the execution of the
Works, as stated in the Employer’s requirements but does not include plant which
has not been taken over by the Employer.
 Employer’s Use of Contractor’s Document: As between the Parties, the
Contract shall retain the copyright and other intellectual property right in the
Contractor’s Documents and other design documents made by (or on behalf of) the
Contractor.
The Contractor shall be deemed by signing the Contract to give the Employer a
non- terminable transferable non-exclusive royalty-free license to copy, use and
communicate the Contractor’s Documents, including making and using
modifications of them. This license shall:
 Apply throughout the actual or intended working life (whichever is longer) of the
relevant parts of the Works.
 Entitle any person in proper possession of the relevant part of the works to
copy, use and communicate the Contractor’s documents for the purposes of
completing, operating, maintaining, altering, adjusting, repairing and
demolishing the works, and
 In the case of Contractor’s Documents which are in the form of
computer programs and other software, permit their use on any computer on
the site and other places as envisaged by the Contract, including

53
replacements of an computers supplied by the Contractor. The Contractor’s

Document s and other design documents made by (or on behalf of) the
Contractor shall not, without the Contractor’s consent, be used, copied or
communicated to a third party by (or on behalf of) the Employer for purposes
other than those permitted under this Sub-Clause.
 Engineer-in-Charge: Means the Engineer-in-charge of the works, specified
parts of the works under the contract or such other departmental assistants or
subordinates to whom the Engineer-in charge may have delegated certain duties,
acting separately within the scope of the particular duties entrusted to them.
The contractor will be given a copy of the Government / Department authorization
designating the Engineer-in-charge by name and delegating him his authority at
the time when contract is signed. It is however, to be distinctly understood that,
no delegation of powers shall be made to such departmental assistants or
subordinates, except in respect of supervision to ensure compliance of the
contract conditions.
 Executive Engineer: Means the Executive Engineer in overall charge of the works
i.e. Engineer In Charge.
 Facility: Means the entire system to be designed and constructed in accordance
with the provisions hereof, 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 time to time.
 Goods: Means Contractor’s Equipment, Materials, Plant and Temporary Works, or
any of them as appropriate.
 Governmental Authority: Means any Indian entity, authority or body exercising
executive, legislative, judicial, regulatory or administrative functions, including,
without limitation, any government authority, agency, department, board,
commission or instrumentality of Indian or any political subdivision thereof, court,
tribunal, arbitrator or self-regulatory organisation.
 Government / Owner / Employer/ Department: Means the Government of Gujarat
/ Narmada Water Resources Water Supply & Kalpsar Department (NWRWS&KD).
 Handing Over: Means the contractor shall hand over the project to the Department
after completion of O & M contract.
 Joint and Several Liability: If the Contractor constitutes (under applicable Laws) a
joint venture of two or more persons:
 These persons shall be deemed to be jointly and severally liable to the
Employer for the performance of the contract.
 These persons shall notify the Employer of their leader who shall have authority
to bind the Contractor and each of these persons; and
 The contractor shall not alter its composition or legal status without the prior
consent of the Employer.
 Laws: Means and include all the provisions of all National (or state) legislation,
Indian statutes, regulations, ordinances, codes, official or other standards,
administrative or other rules, zoning and other plans and restrictions, building and
other permits, judgments awards and decrees of, or agreements with any
Governmental, semi-Governmental or quasi-Governmental Authority as currently in

54
effect or as may be in effect from time to time and /or as may be amended or
supplemented from time to time.
 Maintenance Standard: Means the requirements for maintaining, repairing, and
renewing the Facility:
 As set forth in the O & M Manual; Contractor shall provide this at the time
of commissioning of the project.
 Required pursuant to applicable Law;
 As may be necessary for keeping the facility in a satisfactory condition such that
the Facility will continuously, comply with the Operation Standard; and
 As may be necessary to ensure that the Facility shall continuously be in
an optimum condition and state in relation with the lifetime of the Facility.
 Materials: Means things of all kinds (other than Plant) intended to form or forming
part of the Permanent Works, including the supply only materials (if any) to be
supplied by the Contractor under the Contract.
 Material Supplier: Means the person or firm that supplies goods or services. A
supplier may be distinguished from a contractor or subcontractor, who commonly
adds specialized input to deliverables. Also called vendor.
 Month: Means from the beginning of a given date of calendar month to the end of
preceding date of the next calendar month.
 O & M Manual: Means the final Manual for the Operation and Maintenance of the
Facility to be prepared in accordance with the Bid Documents.
 Operation and Maintenance Obligations: Mean the obligation of the Contractor
pursuant to the agreement to operate and maintain the facility on and from the start
of O&M until the date of completion of this Agreement.
 Operation and Maintenance Period: Means the period starting of O&M (after the
issue of Commissioning Certificate (Phase I)) and continuing for the term of the
Agreement (till issue of Final Certificate).
 Operation and Maintenance Price: Means the amount payable by the Employer to
the Contractor, for the fulfilment of the Contractor’s Operation and Maintenance
Obligations.
 Operation Standard: Means
 The Performance Guarantees;
 All applicable Laws;
 All of the requirements, policies and procedures set forth in the O & M Manual
 All other operational requirements set forth in this Agreement.
 Performance Guarantees: Means the List of Guarantees offered / provided by the
Contractor in its Bid Submission pursuant of the Bid Documents.
 Permanent Works: Means the permanent works to be designed and executed by
the Contractor under the Contract.
 Pipe Supplier: Means the person that supplies pipes. Supplier may be
distinguished from a contractor (or) subcontractor, who commonly adds specialized
input to deliverables, also called vendor.
 Rupees: Means Rupees of Indian Currency.
 Site: Means the specific areas / lands and other places on, under, in or through
which, the works are to be executed or carried out and any other lands or places
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provided by the Owner for the purposes of the contract together with such other
places as may be specifically designated in the Contract or subsequently
approved as forming part of the site.
 Spc: Mean Specific power consumption measured in Kw/m3 ie Killowat consumed
per cubic meter of water pumped.
 Taking over: Means, the department shall take over the project after contractual
completion and meeting all the contractual obligations and terms & conditions by the
contractor.
 Temporary Works: Means all temporary works of every kind required for
performance of the Contract.
 Tests on Completion: Means the tests which are specified in the Contract or
agreed by both Parties or instructed as a Variation, and which are carried out
(Test on Completion) before the works or a section (as a case may be) are taken
over by the Employer.
 Week: Means seven consecutive days.
 Works: Means the works to be executed in accordance with the contract.
2.3 Contractor’s Obligations

1. The contractor shall be deemed to have carefully examined the works and site
conditions, the Special Conditions, the scope of the work, the specifications,
Schedules and Drawings and shall be deemed to have fully acquainted himself
regarding the local conditions.
If he shall have any doubt as to the meaning of any portion of these tender
conditions, the scope of the work, the specification or any other matter concerning the
contract, he shall in good time before submitting his tender i.e. before prebid meeting,
submit them to the Engineer-in-charge so that such doubt may be removed.
2. The contractor shall unless in the cases specially provided for, make all payments at
his own expenses, undertake to do all things and supply all labour, materials,
constructional plant, temporary works, transport, supervision and everything whether
of a temporary nature or permanent nature required in and for construction,
completion, operation & maintenance of the works and for performing the obligations
of the contract.
3. The contractor shall design, execute and complete the works in accordance with the
contract, and shall remedy any defects in the works. When completed, the works shall
be fit for the purposes for which the works are intended as defined in the contract.
4. The contractor shall provide the plant and equipment, documents, man power, goods,
consumables and other things & services, whether temporary or permanent in nature,
required for this design, execution, completion and remedying of defects.
5. The works shall include any work which is necessary to satisfy the employer’s
requirements, or is implied by the contract, and all works which (although not
mentioned in the contract) are necessary for stability or for the completion, or safe
and proper operation, of the works.
6. The Contractor shall be responsible for the adequacy, stability and safety of (a) all
site operations (b) all methods of construction and (c) all the works.
7. The contractor shall, whenever required by the employer, submit details of the
arrangements and methods which the contractor proposes to adopt for the execution
of the works. No significant alternation to these arrangements and methods shall be
made without this having previously been notified to the employer.
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8. Contractor’s Representative:
The Contractor shall appoint the Contractor’s representative and shall give him all
authority necessary to act in the contractor’s behalf under the contract.
Unless the contractor’s representative is named in the contract, then the contractor shall,
prior to the commencement date, submit to the employer for consent the name and
particulars of the person the contractor proposes to appoint as contractor’s
representative. If consent is withheld or subsequently revoked, or if the appointed person
fails to act as contractor’s representative, the contractor shall similarly submit the name
and particulars of another suitable person for such appointment.
The Contractor shall not, without the prior consent of the employer, revoke the
appointment of the contractor’s representative or appoint a replacement. The
Contractor’s representative shall, on behalf of the contractor, receive instruction from the
Department.
The contractor’s representative may delegate any powers, functions and authority to any
competent person, and may at any time revoke the delegation. Any delegation or
revocation shall not take effect until the employer had received prior notice signed by the
contractor’s representative, naming the person and specifying the powers, functions and
authority being delegated or revoked. The contractor’s representative and all these
persons shall be fluent in the language for communications.
2.4 Government / NWRWS & KD Authorized to Withheld Payment due

to the Contractors
The Government / NWRWS & KD shall have a lien over all money payable to the
Contractor under this contract and also over his Security Deposit withheld or
recoveries made under the relevant clauses of this Contract in respect of any
Government Tax or taxes or other moneys which may become payable to
Government by the Contractor, either alone or jointly with another, under any
provisions of the Government Acts or any other statutory enactments in force, in
modification or substitutions thereof. Government / NWRWS & KD shall at all times be
entitled to deduct the said sum of taxes due from contractors from the moneys,
securities or deposits which may become payable or returnable to the Contractor under
this contract.
1. The Employer’s Representative:
The employer may appoint any employer’s representative to act on his behalf under the
contract. In this event, he shall give notice to the contractor of the name, address, duties
and authority of the employer’s representative.
The employer’s representative shall carry out the duties assigned to him, and shall
exercise the authority delegated to him, by the employer. Unless and until the employer
notifies the contractor otherwise, the employer’s representative shall be deemed to have
the full authority of the employer under the contract.
2. Delegated Persons
All these persons, including the employer’s representative and assistants, to whom
duties have been assigned or authority has been delegated, shall only be authorized to
issue instructions to the contractor to the extent defined by the delegation. Any approval,
check, certificate, consent, examination, inspection, instruction, notice, proposal,
request, test, or similar act by a delegated person, in accordance with the delegation,
shall have the same effect as though the act had been as act of the employer. However,
unless otherwise stated in the delegated person’s communication relating to such act, it
shall not relieve the contractor from any responsibility he has under the contract,
including responsibility for errors, omissions, discrepancies and non-compliances.

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Any failure to disapprove any work, plant or materials shall not constitute approval, and
shall therefore not prejudice the right of the employer to reject the work, plant or
materials: and
If the contractor questions any determination or instruction or delegated person, the
contractor may refer the matter to the employer, who shall promptly confirm, reverse or
vary the determination or instruction.
3. Instructions
The employer may issue to the contractor, instruction which may be necessary for the
contractor to perform his obligations under the contract. Each instruction shall be given
in writing and shall state the obligations to which it relates.
The contractor shall take instructions from the employer, or from the employer’s
representative or assistants to whom the appropriate authority has been delegated.
2.5 Contract Drawings and Specifications

 Supply of sets of contract drawings and certified copy of accepted tender
will be governed by Conditions of Contract.
 The drawings, which form part of these specifications, show the work to be done in
as much details as is possible at the stage of tender invitation. They will be
supplemented or superseded by such additional approved detailed working
drawings as may be necessary as the work progresses. The contractor shall
perform the work on these features and in accordance with these additional
approved detailed or revised working drawings at the applicable rates and terms as
per the contract. Revised and / or additional drawings will be available for inspection
in the office of the engineer-in-charge and copies of the same shall be supplied if
required by the contractor. Three sets of such revised and/or additional drawings will
be given free of cost on request. Additional copies of the same will be supplied at
the discretion of the engineer and the contractor will be charged Rs.100 (One
Hundred only) for A4 size, Rs. 300.00 for A3 Size and Size greater than A3 – as per
actual cost.
 The contractor shall check all drawings and tender specifications carefully and bring
to the notice of the engineer-in-charge immediately if any errors or omissions are
noticed. [The contractor shall not take undue advantage of any kind of error or
omission in the drawings and tender specifications supplied.]
 General Design Obligations: The contractor shall be deemed to have
scrutinized, the employer’s requirements (including design criteria and
calculations, if any). The contractor shall be responsible for the design of the works
and for the accuracy of such employer’s requirements (including design criteria and
calculation). The employer shall not be responsible for any error, inaccuracy or
omission of any kind in the employer’s requirements as originally included in the
contract and shall not he deemed to have given any representation of accuracy or
completeness of the any data or information. Any data or information received by
the contractor, from the employer or otherwise, shall not relieve the contractor from
his responsibility for the design and execution of the works.
 Technical Standards and Regulations: The design, the contractor’s documents, the
execution and the completed works shall comply with the Country’s technical
standards wherever available or with international standards, building construction
and environmental Laws, Laws applicable to the product being produced from the
works and other standards specified in the employer’s requirements applicable to
the works or defined by the applicable Laws.

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All these Laws shall, in respect of the works and each section, be those prevailing when
the works or section are taken over by the employer. References in the contract to
published standards shall be understood to be references to the latest edition applicable
on the Base Date, unless stated otherwise.
2.6 Base Lines and Grades

 Permanent base line (and cross lines) shall be established at sufficiently close
intervals with bench marks at all corner points to serve as “Reference Grid”. The
contractor shall provide at his expense, all template, pillars, stacks, equipment,
materials and labour for establishing the grid lines and pillars & preserve during the
whole period of construction. These shall be laid out with prior approval of the
engineer-in-charge. No base line or benchmark or reference mark shall be used as
reference line, or bench mark or level for the work without prior approval of the
engineer. The contractor shall maintain certified copies of such approval reference
line, marks and levels and shall not remove any of them without prior approval of the
engineer.
 The Contractor shall further lay out the work from these reference base lines in
consultation with the engineer and shall establish level connection therewith,
notwithstanding the fact that the same might have been checked by the engineer’s
staff.
 The contractor shall be responsible for proper execution of the work to such lines
and grades as may be specified on the drawings or established or indicated by the
engineer.
2.7 Liability of Accidents to Persons
Responsibilities and liability of the contractor under “Workmen’s Compensation Act”

are given in Clause 19 of Conditions of Contract. In addition following shall also apply,
On the occurrence of an accident which results in death of workmen employed by

the contractor or which is as serious as likely to result in death of any such work, the
contractor shall within 24 hours of happening of such accident, intimate in writing to
Engineer the facts of such accident. The contractor shall indemnify Government
against all loss or damage sustained by the government resulting directly or indirectly
from his failure to give intimation in the matter aforesaid, including the penalties or
fines, if any, payable by govt. Due to such lapse, the contractor shall be fully
responsible for government’s failure to give notice under the Workmen’s Compensation
Act or otherwise / to conform to the provision of the said act in regard to such
accidents.
In case of an accident in respect of which compensation may become payable under

Workmen’s Compensation Act whether by the contractor or by government as principal
employer, it shall be lawful for the engineer to retain out money due and payable to the
contractor such sum or sums of money as may in the opinion of the engineer be
sufficient to meet the liability. The opinion of the engineer shall be final in regard to all
matters arising under this clause.
The Contractor shall be bound to provide in writing the details of employments,

emoluments paid and status of the workmen concerned as may be required, under the
act to the engineer-in-charge.
For the safety equipment for person, Clause 40A of Conditions of Contract shall be
followed, in addition, the following shall also apply. The contractor shall,

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 Comply with all applicable safety regulations,

 Take care for the safety of all persons entitled to be on the site,
 Use reasonable efforts to keep the site and works clear of unnecessary obstruction
so as to avoid danger to these persons,
 Provide fencing lighting, guarding and watching of the works until completion and,
 Provide any temporary works (including roadways, footways, guards and fences)
which may be necessary, because of the execution of the works, for the use and
protection of the public and of owners and occupiers of adjacent land.
2.8 Interest on Money Due to Contractors
Omission by the engineer to pay the amount due upon measurements or otherwise
shall not vitiate or make void the contract nor shall the contractor be entitled to any
interest upon any guarantee on the Running Account bill & final Payments neither in
arrears nor upon balance which may on the final settlement of his account become
due to him.
2.9 Plans and Drawings

The contractor shall submit the following information to the engineer in charge for
approval within the time stipulated against each item below:
 As-built Drawings: As built drawings showing the exact “as built” locations, sizes and
details of works as per actual execution of work overlapping working drawings and
designs, including reinforcement details, thickness of walls and dimensions of RCC
items, doors, windows, ventilators, layout of water supply, drainage and electrical
wire cable lines.
 Operation and Maintenance Manuals: Prior to commencement of the Tests on
completion, the contractor shall supply to the employer operation and maintenance
manuals in sufficient details for the employer to operate, maintain, dismantle,
reassemble, adjust and repair the plant.
 The works shall not be considered to be completed for the purpose of taking-over
until the employer has received final operation and maintenance manuals in such
detail and any other manuals specified in the employer’s requirement for the
purposes.
 Design Error: If errors omissions, ambiguities, inconveniences, inadequacies or
other defects are found in the contractor’s documents, same along with work
executed and the works shall be corrected at the contractor’s cost. Notwithstanding
any consent or approval under this clause.
 A general lay-out plan of construction plant and equipment for the execution of the
work which the contractor proposed to adopt at site, in triplicate, within 14 days from
the date of notice to proceed with work.
 Drawings or prints, in triplicate, showing the location of major plants and other
facilities which he proposed to put up at the site, including any change in the general
layout, at least 14 days prior to the commencement of the respective work.
 Final Bill: The final bill shall be paid only after submission of these documents and
information.

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2.10 Reference Marks, Bench Marks, Topographical Survey and

Geotechnical Investigations
The basic centre line, reference points and bench marks may be fixed by the dept. as a
guideline only; however the contractor has to carry out the Detail Topographical Survey
and verify the details furnished by the Department. The contractor also has to carry out
the Detail Geotechnical Investigation In case of any deviations in Detail Topographical
Survey and Detail Geotechnical Investigation carried out by the contractor; he shall
furnish detail engineering based on his surveys. The contractor shall be responsible for
the accuracy & sufficiency of such surveys carried out by him & project outcome based
on his output.
The contractor shall not be entitled for any claim on account of any variation in the
details furnished by the Department.
2.11 Plant, Material and Workmanship

 Manner of Execution: The contractor shall carry out the manufacture of plant, the
production and manufacture of material, and all the execution of the works;
 In the manner(in any)specified in the contract,
 In a proper workmanlike and careful manner, in accordance with recognized good
practice, and
 With properly equipped facilities and non-hazardous materials, except as otherwise
specified in the contract.
 Samples: The Contractor shall submit samples to the employer, for review in
accordance with the procedures for contractor’s documents, as specified in the
contract and at the contractor’s cost. Each sample shall be labelled as to origin and
intended use in the works.
 Inspection: The employer’s personnel shall at all reasonable times:
 Have full access to all parts of the site and to all places from which natural materials
are being obtained, and
 During production, manufacture and construction (at the site and, to the extent
specified in the contract, elsewhere,) be entitled to examine, inspect, measure and
test the materials and workmanship, and to check the progress of the manufacture
of plant and production and manufacture of materials.
The contractor shall give the employer’s personnel full opportunity to carry out these
activities, including providing access, facilities, permission and safety equipment. No
such activity shall relieve the contractor from any obligation or responsibility.
In respect of the work which employer’s personnel are entitled to examine, inspect,
measure and/or test, the contractor shall give notice to the employer whenever any such
work is ready and before it is cover up, put out of sight, or packaged for storage or
transport, the employer shall then either carry out the examination, inspection,
measurement or testing without unreasonable delay, or promptly give notice to the
contractor that the employer does require to do so. If the contractor fails to give the
notice, he shall, if and when required by the employer, uncover the work and thereafter
reinstate and make good, all at the contractor’s cost.
 Testing: This sub-clause shall apply to all tests specified in the technical
specifications, other than the tests after completion (if any)
The contractor shall provide all apparatus, assistance, documents and other information,
electricity, equipment, fuel, consumables, instrument, labour, materials, and suitably
qualified and experienced staff, as are necessary to carry out the specified testes

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efficiently. The contractor shall agree, with the employer, the time and place for the
specified testing of any plant, materials and other parts of the works.
The employer shall give the contractor not less than 24 hours’ notice of the employer’s
intention to attend the tests. If the employer does not attend at the time and place
agreed, the contractor may proceed with the tests, unless otherwise instructed by the
employer, and the test, unless otherwise instructed by the employer, the tests shall then
be deemed to have been made in the employer’s presence.
The contractor shall promptly forward to employer duly certified reports of the testes
when the specified tests have been passed, the employer shall endorse the contractor’s
test certificate, or issue a certificate to him to the effect. The employer has not attended
the tests, he shall be deemed to have accepted the reading as accurate. All testing
charges will be borne the contractor.
 Rejection: If as result of examination, inspection, measurement or testing, any plant,
materials, design or workmanship is found to be defective or otherwise not in
accordance with the contract, the employer may reject the plant, materials, design or
workmanship by giving notice to the contractor, with reasons the contractor shall
then promptly make good defects and ensure the rejected item complies with
contract.
If the employer requirement this plant, materials, design and workmanship to be
retested, the tests shall be repeated under the same terms and condition. If the rejection
and retesting cause the employer to incur additional costs, the contractor shall pay these
costs to the employer.
 Remedial work: Notwithstanding any previous test or certification, the employer may
instruct the contractor to:
 Remove from the site and replace any plant or material which is not in accordance
with the contract.
 Remove and re-execute and other work which is not in accordance with the
contract, and
 Execute any work which is urgently required for the safety of the works, whether
because of an accident, unforeseeable event or otherwise.
If the contractor fails to comply with any such instruction, which complies with the
employer shall be entitled to employ and pay other persons to carry out the work. Except
to the extent that the contractor would have been entitled to payment for the work, the
contractor shall pay to the employer all costs arising from the failure.
 Ownership of Plant and Materials: Each item of plant and materials shall, to the
extent consistent with the laws of the country, become the property of the employer
at whichever is the earlier of the following times, free from liens and other
encumbrances:
 When it is delivered to the site.
 When the contractor is entitled to payment of the value of the plant and materials
 Royalties: Unless otherwise stated in the employer’s requirements, the contractor
shall pay all royalties, rents and other payments as per Clause-20 of conditions of
contract.
2.12 Excise Duty, Sales Tax and Other Taxes

1. The rates to be quoted by the tenderer shall be inclusive of all taxes, however
exclusive of Excise Duty and no any other claim whatsoever in this connection shall
be entertained. The rates quoted by the contractor shall be deemed to be inclusive of

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all taxes on all the equipment, materials and labour that will have to be purchased for
the performance of this contract and turnover tax or other taxes. In other words the
Government will not reimburse any taxes to the contractor.
2. The contractor shall refer the latest Central Excise duty notification issues by the
Ministry of Finance, Department of Revenue, and Government of India pertaining to
this Clause. The contractor shall have to obtain necessary excise duty exemption
certificate from the competent authority, wherever applicable. The department shall
provide necessary documents duly signed to obtain the certificate to the contractor in
order to avail the benefit of excise duty exemption, if applicable. However no claim
shall be entertained in this regard from the contractor if such excise duty exemption is
not granted.
3. If any change / amendment / revision in the Central Excise, Govt. of India notification,
the tenderer shall necessary to refer the same accordingly and the same is binding on
the contractor..
4. Any Statutory variation in VAT Taxes arises due to government during construction
period; such variations will be paid / recovered from the contractor’s bills as per the
actual on introduction of GST.
5. The contractor shall note that variation in import duty for any equipment/ component
of this project shall not be claimable/ shall not be payable, what so ever may be the
reasons.
6. The contractor shall note that this project is also supplying water for drinking purpose.
2.13 Contract Drawings and Specifications

 The contractor may refer the indicative tender drawings and once they approved
following the detailed design and approved shall govern.
 They indicative drawings shall supplement or superseded by such additional
approved detailed working drawings/ approved drawings for the work progress.
 Technical Standards and Regulations: The design, the contractor’s documents, the
execution and the completed works shall comply with the Country’s technical
standards wherever available or with international standards, building construction
and environmental Laws, Laws applicable to the product being produced from the
works and other standards specified in the employer’s requirements applicable to
the works or defined by the applicable Laws.
2.14 Use of Site

 The contractor shall be permitted to use the land as specified in the Clause 74 of
Conditions of Contract form for the permanent occupation of the work. He will also
be allowed during the period of his contract the use of any other lands at the rate
specified under the Clause 50 of tender in the vicinity of the works as and when the
engineer may consider such use to be necessary for the classified purpose of work.
The contractor shall not commence any operation on such lands without prior
approval from department.
 All areas of operation including those for his staff and labour colonies handed over
to the contractor shall be cleared and handed back in good condition to the engineer
except the area under works constructed as per this contract or those which specific
approval has been obtained from engineer. The contractor shall make good to the
satisfaction of the engineer any damage or alternations made to the areas which he
has to hand back or to other property or land handed over to him for the purpose of
this work.

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 The contractor shall preserve all existing vegetation such as trees on or adjacent to
the site which does not interfere with the construction as determined by the
engineer. The contractor shall take all possible precautions in felling trees
authorized for removal to avoid any unnecessary damage to vegetation and the
trees not to be fall on structures under construction or workman and shall be
responsible for any damage if it occurs in such operations. All produce from cutting
of trees; grass etc. shall be the property of government and shall be stacked at the
place specified by the engineer. No claim shall be made for such cutting and
stacking of trees or grass etc. by the contractor.
 The lands shall be herein before mentioned, be handed over back to the department
within SIX (6) months after completion of the work under this contract. Also no land
shall be held by the contractor longer than the engineer shall consider or deem it
necessary and the contractor shall on due notice by the engineer vacate and return
the land which the engineer may certify so as no longer required by the contractor
for purpose of the work.
2.15 Work on Site
1. The work of this pipeline is to be executed on the land acquired under “Right of Use”
permission. The minimum width of ROU shall be considered as table shown below as
per site requirement.
Width of ROU Width of ROU

Sr. No. Diameter of Pipe (ID)
(Single Pipeline) (Twin Pipeline)
1 ≥ 2000 mm and ≤ 3000 mm 30 m 40 m

2 ≥ 1000 mm and ≤ 2000 mm 20 m 30 m
3 < 1000 mm 15 m 20 m
The payment of standing crops, compensation of wells, bores, buildings, properties,

any of such requirements for work for the right of use permission to farmer / other
affected persons / owners, NOC and other miscellaneous charges shall be borne by
the contractor for the entire period of the contract. The contractor shall have to take
enough precaution to see that no adjacent/ surrounding land is damaged/ obstructed/
encroached by them during the execution. Any such dispute / litigation if arise shall be
the responsibility of the contractor. However bidder/contractor shall note that ROU
notification shall be issued by the Department and land cost for getting ROU for laying
pipeline shall be paid by the department as per Government rules and regulations.
2. The contractor shall be responsible for acquiring necessary permission from the
competent authority for Road/ Railway / Highway / canal crossing / gas / oil / water
pipeline / crossings, forest clearance, any electrical cable line crossing,
Telecommunications etc. during laying of pipeline at his own cost and risk. However,
only the correspondence with concerned department shall be facilitated by the
department. All the statutory charges and other charges such as fees, insurance,
miscellaneous charges / expenditure etc., charges for occurrence of any damages,
NOC etc. for laying of pipeline below all the above mentioned crossings are to be paid
by the contractor. Also, the bidder shall refer the Clause 22 and Clause 80 of Vol II
Conditions of Contract. TPI inspection charges shall be borne by the government
during construction period.

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However, the concerned department insists to pay such statutory charges through the
department / owner, such charges shall be paid by the department / owner and such
amounts shall be adjusted / recovered from the contractor’s bills. If any deposit which
is reimbursable only after the construction period and completion of Operation &
Maintenance of 10 years shall be paid by the department / owner.
All necessary persuasion are to be done by the contractor for getting/ obtaining
clearances/ permissions.
On satisfactory completion of the work, required NOC to be obtained by the

contractor from the concerned department. The contractor is responsible for obtaining
all necessary permissions / clearance / NOC / sanctions etc. Required coordination
for sanction from the concerned authority and NOC from the concerned authority /
field owner for satisfactory completion shall be provided by the contractor.
3. Right of Way (ROW) and Facilities: The contractor shall bear all costs and charges
for special and / or temporary Rights-Of-Way (ROW), which he may require, including
those for access to the site. The contractor shall also obtain, at his risk and cost, any
additional facilities outside the site which he may require for the purposes of the
works.
4. Avoidance of Interference: The contractor shall not interfere unnecessarily or
improperly with:
 The convenience of the public, or
 The access to and use and occupation of all roads and footpaths, irrespective of
whether they are public or in the possession of the employer or of others.
The contractor shall indemnify and hold the employer harmless against and from as
damages, losses and expenses (including legal fees and expenses) resulting from
any such unnecessary or improper interference.
5. Access Route: The contractor shall be deemed to have been satisfied as to the
suitability and availability of access routes to the site. The contractor shall use
reasonable efforts to prevent any road or bridge from being damage by the
contractor’s traffic or by the contractor’s personnel. These efforts shall include the
proper use of appropriate vehicles and routes. Except as otherwise stated in these
conditions:
 the contractor shall (as between the Parties) be responsible for any maintenance
which may be required for his use of access routes;
 The contractor shall provide all necessary signs or directions along access routes,
and shall obtain any permission which may be required from the relevant authorities
for his use of routes, signs and directions.
 the employer shall not be responsible for any claims which may arise from the use
or otherwise of any access route;
 the employer does not guarantee the suitability or availability of particular access
routes, and
 Costs due to non-suitability or non-availability, for the site required by the contractor,
of access routes shall be borne by the contractor.
2.16 Force Majeure

“Force Majeure” means an event beyond the control of the Employer and the
Contractor, which makes it impossible or illegal for a party to perform, including but not
limited to:

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 Acts of God
 war, hostilities (whether war be declared or not), invasion, act of foreign enemies,
mobilisation, requisition, or embargo;
 rebellion, revolution, insurrection, or military or usurped power, or civil war
 contamination by radioactivity from any nuclear fuel, or from any nuclear waste from
the combustion of nuclear fuel, radioactive toxic explosive, or other hazardous
properties of any explosive nuclear assembly or nuclear component of such
assembly
 riot, commotion or disorder, unless solely restricted to employees of the
contractor or of his Subcontractors.
If either party is prevented from or delayed in performing any of his obligations
under the Contract by any circumstances of Force Majeure, then he shall notify the
other party thereof within seven days, and specify how these circumstances are
detrimental in the performance of the Contract.
If the performance of the operation is substantially disrupted for a continuous period
of three (3) months by virtue of any event of Force Majeure, then the department may
by written notice terminate the Contract.
The Employer will indemnify the Contractor against all additional costs incurred as
a result of the performance of the operation during circumstances of Force Majeure,
as well as for the consequences of the termination resulting there from.

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3. Special Conditions of Contract
3.1 Accuracy of Lines, Levels and Grades
The various works shall be done true to line, level and grade. The periodical checking of
these works by Government’s staff shall not absolve the contractor of his
responsibility regarding the accuracy. In case of any deviation or discrepancy in line,
level or grade at the meeting faces, the contractor shall make good the discrepancy at
his own cost and without any extra compensation for the additional work involved.
Whenever such a discrepancy is found to arise at the junction of works of different
contractors, the responsibility to set right such discrepancy lies with the contractors
concerned. The Engineer shall further have the unquestioned right, if need be, to rectify
the discrepancies and recover the costs from the contractor or contractors according
to proportion as he may consider reasonable.
3.2 Testing of Materials and Works

All materials before being incorporated in the work shall be inspected and if
necessary, tested before being approved by the Engineer-in-charge. Any work on
which such materials are used without prior inspection (and when necessary prior
testing) and without approval or written permission of the Engineer-in-charge shall be
considered as unauthorized, defective and not acceptable. Points regarding
compensation against On-Site Efficiency:
 The Contractor will have to submit detailed calculations for losses in fittings like BF
Valve, Sluice Valve and pipeline provided.
 The estimated figures will have to be guaranteed by the Contractor.
 Provision of 150 mm dia. connection with isolation valve will have to be provided on
both sides of each valve in delivery pipeline to assess the losses after
commissioning.
In case of valves – the flow / frictional losses due to valves exceed more than the
estimated losses, then the contractor shall have to replace the valves with higher size
valve at no extra cost and achieve the limit of losses.
In all cases, the cost of testing charges excluding water and power charges shall be
borne by the Contractor. The water and power will be supplied by the department.
However, Penalty charges, if any for not maintaining Power Factor as per requirement
of Power Company should be borne by the contractor. The contractor shall supply
all materials including calibrated instruments required for tests including temporary
arrangement as may be directed by and to the satisfaction of the engineer.
An authorized representative of the contractor shall remain present at the time when the
samples or cores etc. are taken and shall authenticate the facts, if so required. When
the contractor’s agent fails to remain present as aforesaid, the samples or cores etc.
taken by the Engineer-in-charge or his representative shall be considered to be
authentic. The contractor will however, be informed about the details of such
samples and cores etc. having been taken.
The methods of sampling and testing, the procedure and standards shall be as laid
down by the Engineer-in-charge for the respective item.

67
Tests on Completion
3.2..1 Contractor’s Obligations:

The contractor shall carry out the tests on completion in accordance with this clause.
The contractor shall give to the employer not less than 21 days’ notice of the date
after which the contractor will be ready to carry out each of the tests on completion,
unless otherwise agreed, tests on completion shall be carried out within 14 days after
this date, on such day or days as the employer shall instruct.
Unless otherwise stated in the particular conditions, the test on completion shall
be carried out in the following sequence:
1. Any testing which shall include the appropriate inspections and (“dry” or “cold”)
functional test to demonstrate that each item of plant can safely undertake the
Commissioning stage.
2. Commissioning tests, which shall include the specified operational tests to
demonstrate that the works or section can be operated safely and as specified, under
all available operating conditions; and
3. Trial operation which shall demonstrate that the works or section perform reliably and
in accordance with the contract.
During trial operation, when the works are operating under stable conditions,
the contractor shall give notice to the employer that the works are ready for any other
testes on completion, including performance tests to demonstrate whether the works
conform with criteria specified in the employer’s requirements and to the performance
guarantees.
As soon as the works, or a selection, have passed each of the tests on completion
described in this sub-paragraph (1), (2) or (3) the contractor shall submit a certified
report of the results of these test to the employer.
3.2..2 Pipeline Hydro Testing

 The contractor shall make a request to department for quantity of water and power
requirement for the pipe-line hydro testing at least one month in advance in writing
for the department facilitation.
 All the cost and arrangements pertaining to pipe line hydro testing shall be made by
the contractor.
 The department shall provide water and electricity for pipe-line hydro testing from
available source for first time testing at free of cost to the contractor.
 In case the contractor could not perform the hydro-testing in the first time due to
what so ever the reasons such as leakage, breakdown or any other fault of the
works executed by the contractor, resulting into wastage of water and power etc.
then the water and power charges will be recovered for second time and onward
tests.
 The rates of water and power prescribed by the government for industrial use at the
relevant time shall be applicable. (for recovery to be made from the contractor as
referred in the above point)
 The contractor shall make necessary arrangements to get the water and power for
such testing at his risk from the source of the department.
 However, any delay in providing water and power from the department side shall be
taken into consideration for time limit extension appropriately for the delayed period.

68
However, any delay on part of the contractor, once water and power is made
available as narrated above, shall not be considered as a reason for the time limit
extension.
3.2..3 Delayed Tests

If the tests on completion are being unduly delayed by the contractor, the employer may
by notice require the contractor to carry out the tests within 10 days after receiving the
notice. The contractor shall carry out the tests on such day or days within that period as
the contractor may fix and of which he shall give notice to the employer.
If the contractor fails to carry out the tests on completion within the period of 10
days after the issuance of such notice, the employer’s personnel may proceed with the
test at the risk and cost of the contractor. These tests on completion shall then be
deemed to have been carried out in the presence of the contractor and the results of
the tests shall be accepted as final and binding to the contractor.
3.2..4 Re-testing
If the work, or a section of the work, fails to pass the tests on completion, the
contractor shall require to carry out to repeat the same tests. The cost of all such
repeated tests shall be borne by the contractor.
3.3 Loans of Government’s Tools, Plants & Machinery – Deleted
3.4 Assistance in procurement of properties, permits, import license,

exchange facilities etc.
No such assistance/facilitation will be given by the department.
3.5 Security Measures

In view of the strategic importance of all the projects and installations, security
restriction may be imposed by the Engineer as per the directions of the security
authorities and the contractor shall abide by all such instructions scrupulously. In
case a system of identity cards is introduced, the contractor shall at his cost
provide his persons all such identity cards with photo, if necessary, and get these
duly signed by the Engineer or his duly authorised representative. The contractor
shall also keep the Engineer informed regarding all visitors and obtain proper permits
for their visits. No unauthorised visitors shall be allowed on the work site.
3.6 Dewatering and Diversion as and Where Needed

The works are inclusive of all dewatering and diversion as and when needed. No
extra payment shall be made for such items.
3.7 Applicability of Specifications

Considering the common and general items required in execution of Irrigation
project, general subject wise Specifications have been drawn and provided
separately with the Tender. These provisions suitably provide requirements of
execution of each component of work in general, consistent with the present
practice of the scope of work, financial limitations are regards the admissibility of
work payment and acceptance of work against the tender requirement etc. are
concerned. To avoid descriptive matter suitable reference for the relevant Indian
Standards or otherwise is also specified. The whole idea is to guide the tenderer
regarding the execution of work so as to base his rates accordingly.

69
The general subject wise specifications are further supplemented in separate chapter
to cover the item wise specifications of work as per tender. These item wise
specifications cover the applicable provision of the general specifications, considering
the item description. Over and above these, the specific requirement of each item
such as applicable leads, lifts, proportion of the mix, description about the execution of
the item in details and other applicable aspects have been covered in such
specifications. Intending, tenderers are, therefore, requested to read the tender papers
on the above lines and quote their rates.
3.8 Protection of Environment
The contractor shall take all responsible steps to protect the environment on and off the
site and to avoid damage or nuisance to persons or to property of the public or others
resulting from pollutions, noise or other causes arising as a consequence of his methods
of operations.
During continuance of the contract, the contractor and his sub-contractors shall abide at
all times by all existing enactments on environmental protections and rules made there
under, regulations, notifications and bye –laws of the state or central govt., or local
authorities and any other law, bye-law, regulations that may be passes or notifications
that may be issued in this respect in future by the state or central govt. or the local
authority.
Salient features of some of the major laws that are applicable are given below:
The water (Prevention and control of pollution) act, 1974, this provides for the prevention
and control of water pollution and the maintaining and restoring of wholesomeness of
water. “pollution “ means such contamination of water or such alteration of the physical,
chemical or biological properties of water or such discharge of any sewage or trade
effluent or of any other liquid, gaseous or solid substance in to water (whether directly or
indirectly) as may, or is likely to, create a nuisance or render such water harmful or
injurious to public health or safety, or to domestic, commercial ,industrial , agricultural or
other legitimate uses, or to the life and health of animals or plants or of aquatic
organisms.
The air (prevention and control of pollution) act, 1981: This provides for prevention,
control and abatement of air pollution “air pollution” means the presence in the
atmosphere of any “air pollutant” which means any solid, liquid or gaseous substance
(Including noise) present in the atmosphere in such concentration as may be or tend to
be injurious to human beings or other living creatures or plants or property or
environment.
The environment (protection) act 1986: This provides for the protection and
improvement of environment and for matters connected therewith, and the prevention of
hazards to human beings, other living creatures, plants and property. ‘Environment’
includes water. air and land and the interrelationship which exists among and between
water, air and land, and human beings, other living creatures, plants, micro-organism
and property.
The public liability insurance act 1991 this provides for public liability insurance for the
purpose of providing immediate relief to the persons affected by accident occurring while
handling hazardous substance and for matters connected here with or incidental there
to. Hazardous substance means any substance or preparations, which is defined
hazardous substance under the environment (protection) act 1986, and exceeding such
quantity as may be specified by notification by the central govt.

70
The contractor shall have to take the following measures for the protection of
environment.
1. The contractor shall not cut any trees in premises of work, which is not required for
the execution of work.
2. The contractor shall not pollute the air or water by any construction activities.
3. The contractor shall have to take the steps to minimize noise pollution.
4. The contractor or his persons shall not disturb the lives of the people of nearby
villages by any way.
5. There should not be any hazard to the life of wild animals, birds and micro organisms,
due to any construction activities by the contractor.
3.9 Training
The Contractor shall carry out the training of Employer’s Personnel in the operation and
maintenance of the Works to the extent specified in the Employer’s Requirements. If the
Contract specifies training which is to be carried out before taking-over operation and
maintenance, the Works shall not be considered to be completed for the purpose of
taking-over until this training has been completed.
Operation and Maintenance Manuals Prior to commencement of the Tests on
Completion, the Contractor shall supply to the Employer provisional operation and
maintenance manuals in sufficient detail for the Employer to operate, maintain,
dismantle, reassemble, adjust and repair the plant. The Works shall not be considered to
be completed for the purposes of taking-over until the Employer has received final
operation and maintenance manuals specified in the Employer’s Requirements for these
purposes.
3.10 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
rose 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.
3.11 Changes in Design and Drawings

The drawings given with tender documents are indicative. However, during execution
of work, any change in design and drawings that may be warranted on account of
strata met with or the material that may be available or any other reasons shall not
vitiate the contract and no extra payment shall be made to the contractor.
The dimensions given in the design / drawing are minimum requirement. The
contractor is necessary to carry out the detail engineering and provide the dimensions
as per the requirement for the proper functioning of the project considering minimum
requirement. However, all such detail design / deliverables are necessary for its
approval from the Engineer-in-charge prior to execution of work. In case, without
approval of design/drawing, if contractor proceeded for execution of work, then the
contractor is fully responsible for non-compliance and it will be at his risk and cost.

71
3.12 Liquidated Damages Criteria
1. Liquidated Damages Criteria for Reduction in Flow though pipeline system:

The pipeline system shall be capable to deliver the designed capacity of water demand at
the pipe outlet. For the regular supply during the O&M period, the bidder shall get the
demand requirement from the employer and run the system accordingly as per varying
demand during the O&M period.
Post Commissioning: In no case reduction in total flow should be less than 94621 m3/ Hr
(i.e 2% of design flow of 96552 m3/ Hr inlet to pipe line at L2P4) If the quantity of water
received at outlet’s during testing & commissioning & during O&M is less by more, the
liquidated damages will be deducted for the loss of water measured x {(tariff of Power(
Say Rs 5.80 ) + (cost of water water rate is Rs 1.7 ) or at rate prevailing at that time}.
Monthly liquidate damages @ Rs 5400 per loss of m3 of water during the month.
General:
a) A calibrated portable flow meter shall be in use for measurement of flow at the outlet
points of pipeline intended to be measured for quantity of water loss. The quantity of
water loss above, shall be after allowing/ adjusting accuracy of flow meter reading.
b) No credit or benefit will be given to the contractor for better performance parameter
achieved during O&M period.
3.13 Rectification during Defect Liability Period
The contractor has to rectify all the defects identified during defect liability period within
15 days. If he fails to do so, the same shall be rectified by the department at the cost of
contractor.
3.14 Time and admissible payment
The time limit for substantial completion of work is 24 months from date of work order.
The contractor has to complete the work including testing, trial run & commissioning
within this period for the full capacity. On successful commissioning of the system,
contractor has to operate and maintain the system for Ten years. The O & M period of
10 years commences from the date of commissioning of the project, which includes the
Defect Liability Period of 3 years. Any repairs, break down occurs during O & M Period
is to be rectified by contractor at his own cost. The payment for O&M period will be as
per Volume IV-Price Bid, after recovery if any.
3.15 Condition regarding Vendor List
The bidder shall quote rates considering approved vendor list mentioned in this
Volume. However, during the course of execution of work, the contractor may request
use of other brand / product other than mentioned in the approved vendor list giving
sufficient reason of non-availability of material from approved vendors. The department
may consider the request of contractor at that time and the decision of department
shall be final & binding to the contractor at that time. However, the contractor has to
submit such a request before at least one month of due course of work. In any case,
the extension of time limit shall not be granted for the time lapse in such procedure.

72
3.16 Third Party Inspection
The contractor shall note that department may appoint a Third Party Inspection Agency
suitably prior commencement of work. In such case, the contractor has to make office
provision with necessary supporting computer equipment with internet facility and
arrange for site office for T.P.I. agency.
3.17 Precedence of Documents in case of Discrepancy
In the event of any discrepancy, the following order of precedence shall apply: In case
of ambiguities or discrepancies within this agreement, the following shall apply:
1. Between two or more Clauses of this Agreement, the provisions of a specific Clause
relevant to the issue under consideration shall prevail over those in other Clauses;
2. Between the Clauses of this Agreement and the Schedules, the Clauses shall prevail
and between Schedules and Annexes, the schedules shall prevail
3. Between any two Schedules, the Schedule relevant to the issue shall prevail:
4. Between the written description on the Drawings and the Specifications and
Standards, the latter shall prevail;
5. Between the dimension scaled from the Drawing and its specific written dimension,
the latter shall prevail; and
6. Between any value written in numerals and that in words, the latter shall prevail.
3.18 Office and Vehicle for Department

1. Site Office: The Contractor has to provide office with minimum furniture, A/C, internet
facility and computing facilities to the Department as approved by the Engineer-in-
Charge from where communication with the Contractor will be easier. This facility to
be available till commission of project.
2. Vehicle: The Contractor has to provide 1 no. Of four wheeler vehicle of model
manufactured after 2016 in working condition to the Department. The vehicle such as
Mahindra Jeep (Bolero) / Tata Sumo to be deployed right from the contract work
commencement till completion period including O&M period. The vehicle is to be
deployed for 365 days in each year. This vehicle will be at the disposal of Department
with the provision of licensed driver and is expected to run up-to 5000 kms. Per
month. All travel expenditure should be covered with all regular maintenance. All such
expenditure is to be borne by the Contractor. The vehicle should have comprehensive
insurance. The vehicle shall have to be replaced by the contractor with the latest
model after 5 years of O&M period or earlier by the contractor, if the same found not
suitable by the Engineer-in-charge.
3. In addition to above the contractor has to provide two wheeler (2) two Nos. make
(Hero Honda (Splender / Passion), Activa, Mahindra (Gusto) model manufactured
after 2016 in working condition to the Department. This vehicle will be at the disposal
of Department. The Contractor has to arrange for fuel of the vehicles to run each
2500 Km/Month. The vehicle shall have to be replaced by the contractor with the
latest model after 5 years of O&M period or earlier by the contractor, if the same
found not suitable by the Engineer-in-charge
3.19 Documents to be submitted by the Contractor

Upon Completion of Physical Construction and Hydro-testing (Phase-1), the following
minimum mandatory documents shall be submitted by the Contractor (each 5 sets)

73
1. Final design documents

2. As built drawings of Civil, Mechanical, Electrical and Instrumentation systems
3. Manufacturers catalogues/ literatures of all items/ products used in this project
4. All approved QAP documents
5. All Test certificates and inspection reports of materials/ equipment
6. All X-ray films (only one set)
7. O&M Manual with operating philosophy and procedure
Any further documents/ drawings pertaining to this contract asked by the Engineer-in-
charge such documents also required to be furnished by the Contractor.
Signature of Contractor Executive Engineer,

Bhavnagar Irrigation project Division,
Bhavnagar

74
4. Approved Vendor List
4.1 Approved Vendor List – Civil
Sr. No. Description Name of Manufacturer

1 Ordinary Portland  Ambuja Cement
Cement
 Birla Cement
 JK Lakshmi
 Sanghi Industries Ltd. (Sanghi) cement
 Binani Cement
 Jaypee Cement
 Ultratech cement
 Siddhee Cement
 Kamal/KJS cement
 Hathi cement
2 TMT Bars  SAIL
 TATA
 JINDAL
 Welspun Power & Steel Ltd.
 Electrotherm (India) Ltd.
 NILKANTH
 KAMDHENU
3 M.S. Plate / H.R. Coil  SAIL
 Tata (TISCO)
 ESSAR
 Jindal
 ISPAT Ltd
 Welspun Corporation Ltd.

75

4 External 3LPE Coating
1. Epoxy Powder
 3M
 Valspar
 Jotun
 BASF
 KCC
 HUNTSMAN (Araldite)
 Pidilite
2. Adhesive
 DuPont
 Lyondellbasell
 Borealis
 Hyundai Corporation
 Lushan
 Korea Petrochemicals India
 Pidilite
3. PE Compound
 Nova Cor
(Polyethylene)
 Pipe Coat
 Berry Plast
 Raychem
 Deep Industries
 Pidilite
 Hemel
 3M
 Copon
 Sigma Coating
 Grauer & Weil (India) Ltd.
5 Food Grade Epoxy

 Shalimar Tar Products

76

 Pipe Coat
 Berry Plast
 Raychem
 Deep Industries
 Huntsman (Araldite)
 Pidilite
 Hempel
 3M
 Copon
 Sigma Coating
 Grauer & Weil(India)Ltd
 International (Akzonobel)
6 Welding Electrodes/  Advani Orlekon

Welding coated filler
wire  ESAB
 Modi Electrodes, Modinagar
 Honavar Electrodes Ltd.
 D & H India Ltd.
 Weldwell Electrodes

77
4.2 Approved Vendor List – Mechanical

1 Butterfly valves  Indian Valve Pvt. Ltd.(IVC)
 Kirloskar Brothers Limited (KBL)
 R & D Multiples
 FOURESS Engineering (India) Limited.
 DURGA Engineering Company
 L & T Valves
 Industrial Valves India (IVI)
 Keystone
 Bopp & Ruther VAG (Mather & Platt)
 G.M.Dalui & Sons Pvt. Ltd. Kolkatta
2 Check Valve(Dual Plate  Indian Valve Pvt. Ltd.(IVC)

Check Valve)
 Kirloskar Brothers Limited (KBL)
 R & D Multiples (R & D)
 DURGA Valves Pvt. Ltd
 Industrial Valve India (IVI)
3 Kinetic Air Valve  Kirloskar Brothers Limited (KBL)
 AM Flow Tech
 DOROT
 R & D Multiples (R & D)
4 E.O.T/Semi Gantry  Brady & Morris Engg. Co. Ltd.

Cranes
 Eddy cranes Engineers Pvt. Ltd.
 SAFEX Equipment Pvt. Ltd.

78

 Japs Project
 Max Industries
 Meeka Machinery Pvt Ltd
 Indef
 Techno Industries
5 Metallic Expansion  Beloflex (B.D Engineers)

Bellow
 Stanfab Engineering Pvt. Ltd.
 Wren Engineering Pvt. Ltd.
 Sur Industries
 Precise Engineers
6 Water Hammer Control  Sure-seal (JASH Engineers)

Devices
 Dorot
 Delta Systems
 FLOWNIX Valves Pvt. Ltd.
 Bermad CS
7 Sluice Valves (Scour  Indian Valve Pvt. Ltd.(IVC)

valve/feeder valve)
 Kirlosker Brothers Limited (KBL)
 R & D Multiples
 Industrial Valves India (IVI)
 L & T Valves
 Bopp & Ruther VAG (Mather & Platt)
 Upadhyay
 G.M. Dalui & Sons Pvt. Ltd. Kolkatta
 Hawa Engineers
 Advance valves

79
4.3 Approved Vendor List – Instrumentation

1 Ultrasonic /  General Electric
Electromagnetic flow
meter  Siemens
 Forbes Marshall
 E&H
 Rosemount
2 Pressure Transmitter  Siemens
 Forbes Marshall
 Endress + Houser
 Precision Instrument Co.
Note :-
1. Over and above, the vendor list furnished in this tender, the prevailing vendor list of GWSSB
shall also be applicable.
2. From the above vendor list if any vendor disqualified from the vendor list are not consider in
approved vendor.

80

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SAUNI Yojana - Phase: II, Link - 2, Package - 4

Sauni Yojna - Phase: II, Link - 2, Package - 4: Engineering,

Tender Document, Vol II - Conditions of Contract

VOLUME II: CONDITIONS OF CONTRACT

VOLUME – I PRE – QUALIFICATION BID AND TECHNICAL DATA-SHEETS FOR

VOLUME – II CONDITIONS OF CONTRACT

VOLUME – III(A) TECHNICAL SPECIFICATIONS FOR CIVIL WORKS

VOLUME – III(B) TECHNICAL SPECIFICATIONS FOR MECHANICAL AND

VOLUME – III(C) DRAWINGS

VOLUME – III(D) TECHNICAL BID

VOLUME – III(E) OPERATION & MAINTENANCE – SCOPE & SPECIFICATIONS

VOLUME – IV PRICE BID

Multi Mantech International Pvt. Ltd

Clause 31 - Requirement of Labourers from Employment Exchange ______________________________________ 20

Multi Mantech International Pvt. Ltd

Clause 55 - Removal of Contractor’s Employees _____________________________________________________ 38

2. General Conditions of Contract 52

3. Special Conditions of Contract 67

Multi Mantech International Pvt. Ltd

3.2..4 Re-testing ________________________________________________________________________ 69

4. Approved Vendor List 75

Multi Mantech International Pvt. Ltd

Multi Mantech International Pvt. Ltd.

Sr.No. Reservoir District Sr.No. Reservoir District

1 Limdi Bhogavo-II Surendranagar 10 Dhatarwadi II Amreli

2 Kalubhar Bhavnagar 11 Bhimdad Bhavnagar

3 Malpara Bhavnagar 12 Shetrunji Bhavnagar

4 Kharo Bhavnagar 13 Surajwadi Amreli

5 Hanol Bhavnagar 14 Ranghola Bhavnagar

6 Bagad Bhavnagar 15 Rajawal Bhavnagar

7 Malan Bhavnagar 16 Nikol B Bhavnagar

8 Malan TR Bhavnagar 17 Rojki Bhavnagar

9 Dhatarwadi I Amreli 18 Raidy Amreli

Subsequent to above description of Link 2, approximate length from Limdi Bhogavo II

3. Scope of work under this Package - 4:

Multi Mantech International Pvt. Ltd.

 Flow of water to be lifted from Limdi Bhogavo II Reservoir is envisaged to be of 29.93

ii) Details of L2P4

 G.L. at Bhimdad – 109.903 m

(A) Pipeline from Bhimdad reservoir to Malpara reservoir.

1) Pipeline from Bhimdad reservoir to Branch of Malpara at Ch. 26.525 Km

Multi Mantech International Pvt. Ltd.

Sr. Package - 4 - From Ch. 0.0 km. to

Multi Mantech International Pvt. Ltd.

Sr. Package - 4 - From Ch. 0.0 km. to

Multi Mantech International Pvt. Ltd.

Sr. Package - 4 - From Ch. 0.0 km. to

f. Hydro testing & Commissioning:

I. The contractor of this Package 4 shall be responsible for achieving system

Multi Mantech International Pvt. Ltd.

Clause 1 - Supply of Materials etc. by the Contractor

Clause 2 - Execution of Work

Clause 3 - Drawings and Specifications

Clause 4 - Control over work

Clause 5 - Alterations in Drawings or Specifications etc.

Multi Mantech International Pvt. Ltd.

Clause 6 - Power to make Additions and Alterations in Drawings or

Clause 7 - Materials Left on Site

Clause 8 - Removal and Substitution of Materials

Multi Mantech International Pvt. Ltd.

Clause 9 - Action in Case of Improper Materials and Workmanship

Clause 10 - Action and Compensation Payable in Case of Bad Work

Clause 10A - Maintenance and repairs of the structure, pipeline, electro