PROPOSED CONSTRUCTION OF C C RAOD WORK – PAVER BLOCK WORK AND ALSO DRINKING WATER PIPE LINE WORK IN VARIOUS LOCATIONS IN WARD NO ONE TO SIX IN BHANVAD NAGAR PALIKA VISTAR FOR BHANVAD NAGAR PALIKA UNDER SJMMSVY YEAR 2025-2026

a. Description of works: PROPOSED CONSTRUCTION OF C C RAOD WORK – PAVER

BLOCK WORK AND ALSO DRINKING WATER PIPE LINE WORK IN VARIOUS

LOCATIONS IN WARD NO ONE TO SIX IN BHANVAD NAGAR PALIKA VISTAR FOR

BHANVAD NAGAR PALIKA UNDER SJMMSVY YEAR 2025-2026

b. Earnest Money : Rs. 3,40,000.00/-

c. Time allowed for :12 Month (One Year )

Completion of the works

From tenth day after the

Date of written order to

2. Should this tender be accepted, Is we hereby agree to abide by and fulfil the terms and provision of the

said conditions of contract annexed hereto so far as they may be applicable or in default thereof to

forfeit and pay to the Employer the amount mentioned in the said conditions.

3. I/We have deposited a sum of Rs. 3,40,000.00/- as earnest money with the office which amount is not

to bear any interest. Should I/We fail to execute the contract when called upon to do so, I/We do

hereby agree that this sum shall be forfeited by me/us to the employer.

4. I/We enclose herewith evidence of my/our experience of executing of works of similar nature and

magnitude, carried out by me/us in the prescribed proforma and also details of equipments, staff, the

income tax and sales tax clearance certificates and registration certificates.

Name of the partner of the :

Firm authorized to sign :

Name of person having power : Yours faithfully,

Of Attorney to sign the

Contract (Certified true copy :

Of the power of Attorney :

Should be attached :

(Signatures and addressed of witnesses)

GENERAL INSTRUCTIONS TO CONTRACTORS AND

SPECIAL CONDITIONS

1. Online Tenders should be addressed to theBHANVAD NAGARPALIKA, BHANVAD, AND DIST.DEV

BHOOMI DWARKA. Tender for the PROPOSED CONSTRUCTION OF C C RAOD WORK –

PAVERBLOCK WORK AND ALSO DRINKING WATER PIPE LINE WORK IN VARIOUS

LOCATIONS IN WARD NO ONE TO SIX IN BHANVAD NAGAR PALIKA VISTAR FOR

BHANVAD NAGAR PALIKA UNDER SJMMSVY YEAR 2025-2026

2. Notender will be received after 18:00 hours on Dated: /0 /2026 under any circumstance

3. Tenders will be opened in the office THE CHIEF OFFICER, BHANVAD NAGAR PALIKA,

BHANVAD Dist. DEV BHOOMI DWARKA on Dated: /0 /2026 at time of 16.00 PM

b) Tenders shall remain open to acceptance for a period of three months from the date of

opening the tender which period may be extended by mutual agreement and the tenderer shall

not cancel or withdraw the tender during this period.

c) The tenderer must use only the online forms issued by the Bhanvad Nagar Palika.

4. a) The tender from must be filled in English and all entries must be made by hand and written in

ink. If any of the documents is missing or unsigned, the tender may be considered invalid.

b) Rates should be quoted both in figures and words in columns specified. All erasures and

alterations made while initials of the tenderer must attest filling the tender. Overwriting of

figures is not permitted; failure to comply with either of these conditions will render the tender

void at the employer's option. No advice of any change in rate or conditions after the opening

of the tender will be entertained.

c) Each of tender documents should be signed by the person or persons submitting the tender in

token of his/their having acquainted himself/themselves with the General conditions of

contract, specifications, special conditions, etc., as laid down. Any tender with any of the

documents not so signed will be rejected.

d) The tender submitted on behalf of a firm shall be signed by all the partners of the firm or by a

partner who has the necessary authority on behalf of the firm to enter into the proposed

contract. Otherwise the tender may be rejected.

5. Bhanvad Nagar Palika does not bind itself to accept the lowest or any tender and reserves to itself the

right to accept any tenders or reject any or all tenders either in whole or in part, without assigning any

reasons for doing so.

6. a) Intending tenderers shall pay as earnest money a sum of Rs. 3,40,000/- by FDR. The earnest

money will be returned to the tenderer if his tender is not accepted but without any interest.

b) Under no circumstances earnest money deposit will be accepted in the form of fixed deposit

receipts or Bank or Insurance guarantee or cheque.

7. The earnest money deposit of Rs. 3,40,000/- paid by the successful tenderer when the submitted his

tender shall be held by the Employer as security for the execution and the fulfillment of the Contract.

No interest shall be paid on the said deposit.

8. On receipt of intimation from the Bhanvad Nagar Palika of the acceptance of his/their tender, the

successful tenderer shall be bound to implement the contract and within fourteen days thereof the

successful tenderer shall sign an agreement in accordance with the draft agreement and the

Schedule of conditions.

9. a) Total Security Deposit 5% including Earnest Money Deposit of Contract Value as initial

Security Deposit will be deposited in cash or by Demand bank Draft on Schedule Bank within

15 days after acceptance of tender. The Earnest Money will be adjusted against the Security

b) In addition to the Security Deposit as above, as further security for the due fulfillment of the

contract by the Contractor, 2% of the value of work done will be deducted as retention money

by the Employer from each payment to be made to the Contractor. On the Bhanvad Nagar

Palika, Certificate of the completion of the works, the contractor would be paid the retention

money and the security deposit that will be released by the employer after rectification of the

defects pointed out during the defects liability period. The amounts retained by the employer

shall not bear any interest.

c) All compensation or other sums of money payable by the Contractor to the Employer under the terms

of this contractor may be deducted from his Earnest Money and the security deposit if the amount so

permits and the Contractor shall, unless such deposits has become otherwise payable, within ten

days after such deduction make good in cash the amount so deducted.

10. The Contractor shall not assign the Contract. He shall not sublet any portion of the Contract except

with the written, consent of the Employer. In case of breach of these condition the employer may to

serve a notice in writing on the contractor rescinding the contract we here upon the security deposit

shall stand forfeited to the Employer, without prejudice to his other remedies against the contractor.

11. The contractor shall carry out all the work strictly in accordance with drawings, and details. If in the

opinion of the Bhanvad Nagar Palika Changes have to be made in the design and with the prior

approval in writing of the Employer they desire the Contractor to carry out the same, the Contractor

shall carry out the same without any extra charge. Bhanvad Nagar Palikain such case shall be final

and shall not be open to arbitration.

12. A schedule of problem quantities in respect of each work and specifications accompany these special

conditions. The schedule of probable quantities in liable to alternation by omissions, deductions or

additions at the discretion of the Bhanvad Nagar PalikaEngineer Each tender should contain not only

the rates but also the value of each item of work entered in a separate column and all the items

should be totaled in order to show the aggregate value of the entire tender.

13. The tenderer must obtain for himself on his own responsibility and at his own expense all the

information which may be necessary for the purpose of making a tender and for entering into a

contract and must examine the drawings and must inspect the site of the work and acquaint himself

with all local conditions, means of access to the work, nature of the work and all matters appertaining

The rates quoted in the tender shall include all charges for clearing of site before commencement as

well as after completion water, Electric consumption, meters, double scaffolding, centering, boxing,

staging, planking, timbering and pumping out water including baling, fencing, hoarding, plant and

equipment, storage sheds, watching and lighting, by night as well as day including Sundays and

Holidays, temporary plumbing and electric supply, protection of the public and safety of adjacent

roads, streets,

cellars, vaults, ovens, pavements, walls, houses, buildings, and all other erections matters or things,

and the contractor shall take down and remove any or all such centering, scaffolding, staging,

planking, timbering, strutting, shorting etc., as occasion shall require or when ordered so to do, and

fully reinstate and make good all matters and things disturbed during the execution of work and to the

satisfaction of the Bhanvad NagarPalikas. The rates quoted shall be demand to be for the finished

work to be measured at site.

The rates shall also be firm and shall not be subject to exchange variations, labor conditions,

fluctuations in railway freights or any conditions whatsoever. Tenderers must include in their rates

sales tax, excise duty, octroi and any other tax and duty or other levy levied by the Central

Government or any State Government or local authority, if applicable. No claim in respect of sales tax,

excise duty, octroi or other tax, duty or levy whether existing or future shall be entertained by the

15. A) The contractor should note that unless otherwise stated the tender is strictly on item rate basis and his

attention is drawn to the fact that rates for each and every item should be correct, works able and self-

supporting. The quantities in the schedule of quantities approximately indicate the total extent of work

but may very to any extent and may even be omitted thus altering the aggregate value of the contract.

No claim shall be entertained on this account.

16. Time allowed for carrying out the work is mentioned in the memorandum shall be strictly observed by

the contractor and it shall be reckoned from the 10th day after written order to commence the work is

issued. The work shall throughout the stipulated period of the contract be preceded with all the due

diligence and if the contractor fails to complete the work within the specified period he shall be liable

to pay compensation as defined in clause 27 of the Conditions of contract. The tendered shall before

commencing work prepare a detailed work programmed which shall be approved by the Bhanvad

17. Tenders will be considered only from recognized benefited contractors in the trade concerned. Each

tenderer shall submit with his tender a list of large works of a like nature he has executed giving

details as to their magnitude and cost, the proportion of work done by the Contractors in it and the

time within which the works were completed.

18. Special attention of the tenderer is drawn to the alternative items in the Schedule of probable

quantities, the rates and amounts for these alternative items shall be duly filled in and the tenderer is

informed that his tender will not be considered unless the alternative rates are given for these items.

The employer reserves to himself the right to adopt any of the alternative items, either in scrutinizing

and deciding upon the tender or later when the works are being executed.

19. The contractor shall not be entitled to any compensation for any loss suffered by him on account of

delays in commencing or executing the work, whatever the cause of delays may be, including delays

arising out of modifications to the work entrusted to him or in any sub-contract connected therewith or

delays in awarding contracts for other trades of the project or in commencement or completion of such

works or in procuring Government controlled or other building materials or in obtaining water and

power connections for construction purpose or for any other reason whatsoever and the employer

shall not be liable for any claim in respect there of. The employer does not accept liability for any sum

besides the tender amount, subject to such variations as are provided for herein.

20. The successful tenderer is bound to carry out any items of work necessary for the completion of the

job even though such items are not included in the quantities and rates. The Bhanvad Nagar

Palikawill issue schedule of instructions in respect of such additional items and their quantities in

writing with the prior consent in writing of the employer.

21. The successful tenderer must co-operate with the other contractors appointed by the Employer so that

work shall proceed smoothly with the least possible delay and to the satisfaction of the Bhanvad

22. The contractor must bear in mind that all the work shall be carried out strictly in accordance with the

specifications made by the Bhanvad Nagar Palika and also in compliance of the requirements of the

local public authorities and no deviation on any account will be permitted.

24. The successful tenderer should make his own arrangement to obtain all materials required for the

work including cement and steel.

25. The tenderer shall submit along with his tender a list mentioning the names of manufacturers of

specialized items like steel windows, patented waterproofing, flush doors, floor tiles, false ceiling etc.,

which he proposes to use in the work if his tender is accepted.

The tenderer shall submit along with his tender a list mentioning the names of manufacturers

of specialized items like switch fuses, electric cables, electrical accessories, various fixtures and

fittings, transformers, pumps etc, which he proposes to use in the work if his tender is accepted.

Samples of all fittings and fixture or materials quoted for and illustrations with descriptive

literature on the shall accompany the tender. The samples and the literature so submitted by the

successful tenderer shall be retained.

26. a) The rates quoted by the contractor shall include expenditure for providing all the water required for the

work and the contractor shall make his own arrangements for the supply of good quality water,

including obtaining Municipal connection for his lab our as well as for construction purpose and all

charges for water shall be borne by him. If Municipal water is not available and should it become

necessary for the contractor to bore wells for obtaining water for construction purposes or to bring

water from outside by tankers, the employer shall not be liable to pay any charges in connection

therewith. In case water is to be supplied by the owner, it will be supplied at one point near the work

site. The contractor has to make his own arrangements for distribution/extension of lines required to

facilitate the work. Water charges at the rate of 1/2% of cost of work will be recovered from the

b) The rate quoted in the tender shall also include electric consumption charges for power. If no power is

available at the site, the contractor shall have to make his own arrangements to obtain power

connections and maintain at his own expense on efficient service of electric light and power and

shall pay for the electricity consumed. The employer, shall give all possible assistance to the

Contractor to obtain the requisite permission for the various Authorities, but the responsibility for

obtaining the same shall be that of the contractor. In case power is supplied by the

Owner at point, the contractor will have to put an energy meter and lay distribution lines at his own

cost. Electrical consumption charges will be borne by the contractor as per meter reading.

c) Employer shall be allowed connection from the temporary water and power supply arranged by the

General contractor for civil works and for the facility the contractors will pay to for water and power the

contractors for subsidiary trades appointed by the General Contractors the charges to be decided by

the Bhanvad Nagar Palika. The contractors shall install a sub-meter for measuring electric energy at

their own cost, maintain the wiring installation in good condition and order, and pay the consumption

charges directly to the General Contractor. If no such facility is available at the site of work and if

available and found in adequate, it shall be the responsibility of the contractor to make his own

arrangement for obtaining water and power at his cost.

27. All Municipal fees for drainage and water connection for construction purposes shall be borne by the

contractor and fees if any payable for permanent connections shall be initially paid by the contractor

and the employer will reimburse the amount on production of receipts.

The employer to the electric supply authority will pay electric supply connection fees for the

permanent supply.

28. The contractor shall strictly comply with the provision of safety code annexed hereto.

29. The security deposit of the successful tenderer will be forfeited if he fails to comply with any of the

conditions of the contract.

30. The contractors will be paid on advance of 75% of the cost of non-perishable building materials

brought to the site for consumption in the works. The assessment of the cost of building materials

shall be derived either from the actual or from the tendered rate and the lesser of the EIGHTEEN shall

be considered for payment. The contractor shall give an undertaking for this payment in the proforma

to be approved by employer if called upon to do so.

I/We hereby declare that I/We have read and understood the above instructions for the

guidance of tenderers.

Signature of Tendered_:__________________________

1. There shall be maintained in a readily accessible place first aid appliances including adequate supply

of sterilizer dressing and cotton wool.

2. An injured person shall be taken to a public hospital without loss of time, in cases where the injury

necessitates hospitalization.

3. Suitable and strong scaffolds should be provided for workmen for all works that cannot safely be done

4. No portable single ladder shall be over 8 meters in length. The width between the side rails shall not

be less than 30 cm. (clear) and the distance between EIGHTEEN adjacent runs shall not be more

than 30 cm. when a ladder is used, an extra mazdoor shall bear engaged for holding the ladder.

5. The excavated material shall not be placed within 1.5 motors of the edge of the trench or half of the

depth of trench whichever is more. All trenches and excavations shall be provided with necessary

fencing and lighting.

6. Every opening in the floor of a building or in a working platform be provided with suitable means to

prevent the fall of persons or materials by providing suitable fencing or railing whose minimum height

shall be one metre.

7. No floor, roof or other part of the structure shall be so overloaded with debris or materials as to render

8. Workers employed on mixing and handling material such as asphalt, cement mortar or concrete and

lime mortars shall be provided with protective footwear and rubber hand-gloves.

9. These engaged in welding works shall be provided with welder's protective eye-shields and gloves.

10. No paint containing lead or lead products shall be used except in the form of paste or readymade

Employer Contractor.

THE CONDITION OF CONTRACT:

(1) INTERPRETATIONS:

In the construction these conditions, and the specifications, schedule of quantities, and contract

Agreement, the following words shall have the meanings herein assigned in them except where the

subject or context other requires.

(a)"EMPLOYER" Shall mean and shall include his (their) legal representative/s

assign/s or successors/s.(Bhanvad Nagar Palika-BHANVAD)

(b)"CONTRACTOR" Shall mean and shall include his (their) legal representative/s

assign/s or successors/s.

(c)"SITE" Shall mean the site of the contract works including any

building and errections thereon and any other land

(inclusively)as aforesaid allotted by the Employer for the

contractor's use.

(d) " THIS CONTRACT" Shall mean the Articles of Agreement, the conditions,

the Appendix the schedule or quantities and/or

specification attached hereto and duly signed.

(e) "NOTIES IN WRITING" or Written notice shall mean, a notice written, typed or

printed haracters sent (unless delivered

personally or otherwise provided to have been received)by

registered post to the last known private or business

address or registered office of the addressee and shall

be deemed to have been received when in the ordinary

course of post it would have been delivered.

(f) "ACT OF INSOLVENCY" Shall mean any at of insolvency as defined by the

Presidency Towns Insolvency Act, or the provincial

Act, or any Act amending such original.

(g) "NET PRICES" If in arriving at the Contract Amount the Contractor shall

have added to or deducted from the total of the terms in the

Tender any sum. Either as a parentage or otherwise. then

the net price of any item in the Tender shall the sum arrived

at by adding to or deducting from the actual figure

appearing in the Tender as the price of that item has similar

percentage or pro-pertionate sum provide always that in

determining of the percentage or proportion

of the sum so added or deducted by he contractor the total

amount of any prime cost items and provisional sums of

money shall be deducted from the total amount of the

money shall be deducted from the total amount of the

Tender. The expression "Net rate" to "Net Prices" when used

with reference to the Contract or accounts shall be

held to mean rates or prices so arrived at.

Words importing persons include firms and corporations. Words importing the singular only also include the

plural and vice verse where the contact requires.

(2) SCOPE OF CONTRACT:

The contractor shall carry out and complete the said work in every aspect in accordance with the

contract and with the directions of and to the satisfaction of Bhanvad Nagar Palika. The Bhanvad

Nagar Palika may in his absolute discretion and from time to time issue further Drawings and/or

written instructions, details directions and explanations which are hereafter collectively referred to as

"Bhanvad Nagar Palika's Instructions", in regard to:

1. The variation or modification of the design quality or quantity of works or the addition or omission or

substitution of any work.

2. Any discrepancy in the Drawings or between the Schedule of Quantities and/or Drawings and/or

specifications.

3. The removal from the site of any materials brought thereon by the Contractor and the substitution of

any other material therefore.

4. The removal and/or re-execution of any works executed by the Contractor.

5. The dismissal from the works of any persons employed there upon.

6. The opening up for inspection of any work covered up.

7. The amending and making good of any defects under clause

The Contractor shall forthwith comply with and duly execute any work comprised in such Bhanvad

Nagar Palika's instructions provided always that verbal instructions, directions and explanations given

to the contractor or his representative upon the works by the Bhanvad Nagar Palika shall, if involving

a variation, be confirmed in writing by the contractor within seven days, and if not dissented from in

writing within a further seven days by the Bhanvad Nagar Palika, such shall be deemed to be

Bhanvad Nagar Palika's instructions within the scope of the contract.

If compliance with the Bhanvad Nagar Palika’s instructions as aforesaid involves work

and/or expense and/or loss beyond that contemplated by the contract then unless the same were

issued owing to some breach of this contractor on the Bhanvad Nagar Palika’s certificate the price of

the said work (as an extra to be valued as hereinafter provided) and/or expense and/or loss.

3. DRAWINGS AND SCHEDULE OF QUANTITIES:

The contract shall remain the custody of the Bhanvad Nagar Palika and shall be produced by him at

his office as and when required by the employer or the contractor. the specification and one copy of

all further drawings issued during the progress of the works. Any further copies of such drawings

required by the contractor shall be paid for by him. The contractor shall keep one copy of all drawings

4. CONTRACTOR TO PROVIDE EVERYTHING NECESSARY:

The contractor shall provide everything necessary for the proper execution of the works according to

the intent and meaning of the drawings, schedule of quantities and specification taken together

whether the same may or may not be particularly shown or described therein provided that the same

can reasonably be inferred there from, and if the contractor finds any discrepancy in the or between

the drawings schedule of quantities and specifications he shall immediately and in writing refer same

to the Bhanvad Nagar Palika who shall decide which is to be followed.

5. AUTHORITIES NOTICES AND PAYMENTS:

The contractor shall confirm to the provision of any act of the legislature relating to the works, and to

the Regulations and Bye-laws of any Authorities with whose system the structure is proposed to be

connected and shall before making any variations from the drawings or specification that may be

necessitated by so confirming, give to the Bhanvad Nagar Palika written notice specifying the

variation proposed to be made and the reason for making it and apply for instructions thereon. In

case the contractor shall not within ten days receive such instructions he shall proceed with the work,

conforming to the provisions, Regulations, or Byelaws in question, and any variation so necessitated

shall be dealt with under clause No.13. The contractor shall bring to the attention of the Bhanvad

Nagar Palika all notices required by the said Acts, Regulations or Bye-laws to be given to any

authority and pay to such authority, or to any public office all fees that may be properly chargeable in

respect of the works, and lodge the receipts with the Bhanvad NagarPalika. The contractor shall

indemnity the employer against all claims in respects of patent rights and shall defend all actions

arising from sucholaims, and shall himself pay all royalties, license fees, damages costs and charges

of all and every sort that may be legally incurred in respect thereof.

6. SETTING OUT WORKS

The contractor shall set out the works and shall be responsible for the true and perfect setting out of

the same and for the correctness of the positions, levels, dimensions and alignment of all parts

thereof. If at any time any error in this respect shall appear during the progress of the works the

contractor shall at his own expense rectify such error as so required to the satisfaction of the

Bhanvad Nagar Palika.

7. MATERIALS AND WORKMANSHIP CONFORM TO DESCRIPTION:

All materials and workmanship shall so far as procurable by of the respective kinds described in the

schedule of quantities and/or specification and in accordance with the Bhanvad Nagar Palika's

instructions, and the contractor shall upon the request of the Bhanvad Nagar Palikafurnish him with all

invoices, accounts, receipts and other vouchers to prove that the materials comply therewith. The

contractor shall at his own cost arrange for and/or carry out any test of any materials which the

Bhanvad Nagar Palikamay require.

8. CONTRACTOR'S SUPERINTENDANCE AND REPRESENTATIVE ON THE WORKS

The contractor shall give all necessary personal superintendence during the execution of the works

and as long thereafter as the Bhanvad Nagar Palika may consider necessary until the expiration of

the "Defects liability period" stated in the appendix hereto. The contractor shall also during the whole

time the works are in progress employ competent representative who shall be constantly in

attendance at the building while the men are at work. Any directions, explanations, instructions or

notices given by the Bhanvad Nagar Palikato such representative shall be held to be given to the

9. DISMISSEL OF WORKMAN:

The contractor shall on the request of the Bhanvad Nagar Palika immediately dismiss from the works

any person employed thereon abay him who may in the opinion of the Engineer ,Bhanvad Nagar

Palika, be competent or misconduct himself, and such person shall not be again employed on the

works without permission of the Bhanvad Nagar Palika

10. ACCESS FOR BHANVAD NAGARPALIKA TO WORKS:

The Bhanvad Nagar Palika and his representative shall at all reasonable times have free access to

the works and/or to the workshops, factories, or other places where materials are lying or form which

they are being obtained and the contractor shall give every facility to the Bhanvad Nagar Palika and

his representative necessary for inspections and examination and test of the materials and

workmanship. No person unauthorized by the Bhanvad Nagar Palikaexcept the representative of

public authorities shall be allowed on the works at any time.

11. CLERK OF WORKS

The term "Clerk of works" shall mean the person approved by the Bhanvad Nagar Palika and

acting under the orders of the Bhanvad Nagar Palika, to inspect the works , the contractor shall afford

and clerk of works every facility and assistance for inspecting the works and materials and for

checking and measuring time and materials. Neither the clerk of works nor any representative of the

Bhanvad Nagar Palika shall have power to set out works or to revoke, alter enlarge or relax any

requirements of the contract, or to sanction any day work, additions, alternations, deviations of

commissions, or any extra work what except in so far as such authority may be specially conferred by

a written order of the Bhanvad Nagar Palika. The clerk of works, or any representative of the Bhanvad

Nagar Palika, shall have power to give notice to the contractor or to his representative of non approval

of any work of materials and such work shall be suspended of the use of such materials. Shall be

discontinued until from time to time be examined by the Bhanvad Nagar Palika, the clerk of works or

the Bhanvad Nagar Palika's representative, but such examination shall not in any way exonerate the

contractor from the obligation to remedy and defects which may be found to exist at any stage of the

works or after the same is completed. Subject to the limitation of this clause the contractor shall take

instructions only from the Bhanvad Nagar Palika

12. ASSIGNMENT AND SUBLETTING;

The whole of the works included in the Contract shall be executed by the contractor and the

Contractor shall not directly or indirectly transfer assign or underlet the contract or any part share

thereof or interest therein without consent of the Bhanvad Nagar Palika, and no undertaking shall

relieve the contractor from the full and entire responsibility of the contract or from active

superintendence of the works during their progress.

13. VARIATION NOT TO VITIATE CONTRACT;

No alteration, omission or variation shall vitiate this contract but in case the Bhanvad Nagar Palika

thinks proper at any time during the progress of the works to make any alternations in, or additions to,

or commissions from the works or any alteration in the kind or quality of the materials to be used

therein and shall give notice thereof in writing under his hand to the contractor, the contractor shall

alter, and to or omit from, as the case may be in accordance with such notice, but the contractor shall

alter, and to or omit from, as the case may be in accordance with such notice, but the contractor shall

not do any work extra to or make any alterations or additions to or omissions from the works or any

deviation from any of the provisions of the contract. Stipulation, specifications or contract drawings

without the previous consent in writing of the Bhanvad Nagar Palika and the value of such extras,

alterations, additions or omissions shall in all cases be determined by the Bhanvad Nagar Palika with

the prior approval in writing of the Employer in accordance with the previsions of clause 17 hereof,

and the same shall be added to, or deducted from, the contract amount, as the case may be,

14. SCHEDULE OF QUANTITIES;

The schedule of quantities, unless otherwise stated shall be deemed to have been prepared in

accordance with the standard method of measurement. Any error in description or in quantity or in

omission of items from the schedule of quantities shall not vitiate this contract but shall be rectified

and the value thereof, as ascertained under clause 17 hereof, shall be ( added to, or deducted, from

the contract amount ( as the case may be ) provided that no rectification of errors, if any, shall be

allowed in the contractor's schedule of rates.

15. SUFFICIENCY OF SCHEDULE OF QUANTITIES;

The contractor shall be deemed to have satisfied himself before tendering as to the correctness and

sufficiency of his tender for the works and of the prices stated in the schedule of quantities and/or the

schedule of rates and prices which rates and prices shall cover all his obligations under the contract,

and all matters and things necessary for the proper completion of the works.

16. MEASUREMENT OF WORKS

The Bhanvad Nagar Palika may from time to time intimate to the contractor that he requires the works

to be measured, and the contractor shall forth worth at and or send a qualified agent to assist the

Bhanvad Nagar Palika or the Bhanvad Nagar Palika's representative or the Asst. Engineer in taking

such measurements and calculation and to furnish all particulars or to give all assistance required by

Should the contractor not attend or neglect or omit to send such Agent then the measurement taken

by the Bhanvad Nagar Palika or a person approved by him shall be taken to be correct measurements

of the works. Such measurement shall be taken in accordance with the mode of measurements

detailed in the specifications.

The contractor or his Agent may at the time of measurement take such notes and measurements

as he may required. All authorized extra works, omissions and all variations made without the

Bhanvad Nagar Palika's knowledge, if subsequently sanctioned by him in writing (with the prior

approval in writing of the employer)shall be included in such measurements.

17. PRICES FOR EXTRAS ETC. ASCERTAINMENT OF:

The contractor may, when authorized, and shall when directed, in writing by the Bhanvad Nagar

Palikas with the approval of the Employer add to, omit from, or vary the works shown upon the

drawings, or described in the specifications or included in the schedule of quantities, but the

contractor shall make no addition, omission or variation without such authorization or direction. A

verbal authority or direction by the Bhanvad Nagar Palikas shall if confirmed by them in writing within

seven days, be deemed to have been given in writing.

No claim for an extra shall be allowed unless it shall have been executed under provisions of clause

hereof or by the authority of the Bhanvad Nagar Palikas with the concurrence of the Employer as

herein mentioned. Any such extra is herein referred to shall be made in accordance with the following

a i) The net rates or prices in the original tender shall determine the valuation o the extra work where such

extra work is of similar character and executed under similar conditions as the work priced therein.

ii) Rates for all items, wherever possible, should be derived out of the rates given in the priced schedule

b) The net prices of the original tender shall determine the value of the items omitted provided if

omissions vary the conditions under which any remaining items of works are carried out the prices for

the same shall be valued under sub-clause (c) hereof.

c) Where the extra works are not of similar character and/or executed under similar conditions as

aforesaid or where the omissions very the conditions under which any remaining items of works are

carried out or if the amount of any omissions or additions relative to the amount of the whole of the

contract works or to any part thereof shall be such that in the opinion of the Bhanvad Nagar Palika the

net rate or price contained in the priced schedule of quantities or tender or for any item of the works

involves loss or expense behind that reasonably contemplated by the contractor or is by reason of

such omission or addition rendered unreasonable or inapplicable, the Bhanvad Nagar Palika shall fix

such other rate or price as in the circumstances be shall thick reasonable and proper, with the prior

approval in writing of the employer.

c) Where extra work cannot be properly measured or valued the contractor shall be allowed day work

prices as the net rates stated in the tender or the Priced Schedule of quantities or, if not so stated,

then in accordance with the local day work rates and wages for the district, provided that in either

case vouchers specifying the daily time and if required by the Bhanvad Nagar Palika, the

workmen's names and materials employed be delivered for verification to the Bhanvad Nagar Palika

or his representative at or before the end of the work following that in which the work has been

The measurement and valuation in respect of the contract shall be completed within the "period of

final measurements" stated in the Appendix or if not stated then within six months of the completion of

the contract works as defined in clause 21 hereof.

18. UNFIXED MATERIALS WHEN TAKEN INTO ACCOUNT TO BE THE PROPERLY OF THE

Where in any certificate (of which the contractor has received payment) the Bhanvad Nagar Palika

has included the value of any unfixed materials intended for and/or placed on or adjacent to the works

such materials shall become the property of the Employer and they shall not be removed except for

use upon the works, without the written authority of the Bhanvad Nagar Palika. The contractor shall be

liable for any loss of, or damage to, such materials.

19. REMOVAL OF IMPROPER WORKS

The Bhanvad Nagar Palika shall, during the progress of the works, have power to order in writing form

time to time the removal from the works within such reasonable time or times as may be specified in

the order, of any materials which in the opinion of the Bhanvad Nagar Palika are not in accordance

with the specifications or the instructions of the Bhanvad Nagar Palika, the substitution of proper

materials, and the removal and proper re-execution of any work executed with materials or

workmanship not in accordance with the drawings and specifications or instruction, and the Contractor

20. DEFECTS LIABILITY PERIOD

Any defect, shrinkage, settlement or other faults which may appear within the "Defects liability period"

stated in the Appendix hereto or, if none stated, then within twelve months after the virtual completion

of the works, arising in the opinion of the Bhanvad Nagar Palika from materials or workmanship not in

accordance with the contract, shall upon the directions in writing of the Bhanvad Nagar Palika, and

within such reasonable time as shall be specified therein, be amended and made good by the

Contractor, at his own cost and in case of default the Employer my employ and pay other persons, to

amend and make good such defects, shrinkage, settlements or other faults, and all damages, loss

and expenses consequent thereon the Contractor and such damage, loss and expenses shall be

Recoverable from him by the Employer or may be deducted by the Employer, upon the Bhanvad

Nagar Palika's Certificate in writing from any money due or that may become due to the Contractor, or

the Employer may in lieu of such amending and making good by the Contractor deduct from any

moneys due to the contractor a sum, to be determined by the Bhanvad Nagar Palika equivalent to the

cost of demanding such work and in the event of the amount retained under Clause 32 hereof being

insufficient, recover the balance from the Contractor, together with any expenses the Employer may

have incurred in connection therewith Should any defective work have been done or material supplied

by any sub-contractor employed on the works who has been nominated or approved by the Bhanvad

Nagar Palika as provided in Clauses 12 and 22 hereof, the Contractor shall be liable to make good

in the same manner as if such work or material had been done or supplied by the Contractor and

been subject to the provisions of this clause and clause 12 hereof The contractor shall remain liable

under the provisions of this clause notwithstanding the signing of any certificate or the passing of any

accounts, by the Bhanvad Nagar Palika.

21. COMPLETION CERTIFICATE

The works shall not be considered as completed until the Bhanvad Nagar Palika has certified in

writing that they have been virtually completed. The defects liability period shall commence from the

date of such certificate.

22. NOMINATED SUB-CONTRACTORS

All specialists, Merchants, Tradesmen and others executing any work of supplying and fixing any

goods for which prime cost prices or provisional sums are included in the Schedule of Quantities

and/or specification that may be nominated or selected by the Bhanvad Nagar Palika are hereby

Sub-Contractors employed by the Contractor and are herein referred to as nominated Sub-

contractors. No nominated Sub-Contractors shall be employed on or in connection with the works

against whom the Contractor shall make reasonable objection or (save where the Bhanvad Nagar

Palika and Contractor shall otherwise agree) who will not enter into a Contract providing:

a) That the nominated Sub-Contractor shall indemnify the Contractor against the same obligations in

respect of the Sub-Contractor as the Contractor in under in respect of this Contractor.

b. That the nominated Sub-Contractor shall indemnify the Contractor against claims in respect of any

negligence by the Sub-Contractor his servants or agents or any misuse by the him or them of any

scaffolding or other plant, the property of the Contractor or under any Workman's compensation Act

in force. c. Payment shall be made to the nominated Sub-Contractor within fourteen days of his

receipt of the Bhanvad Nagar Palika's Certificate provided that before any Certificate is issued the

Contractor shall upon request furnish to the Bhanvad Nagar Palika, proof that all nominated Sub-

Contractor's accounts included in previous Certificates have been duly discharged; in default whereof

the Employer may pay the same upon a Certificate of the Bhanvad Nagar Palika and deduct the

amount thereof from any sums due to the Contractor. The Exercise of this power shall not create

privities of contract as between Employer and Sub-Contractor.

21. OTHER PERSONS EMPLOYED BY EMPLOYER.

The Employer reserves the right with the concurrence of the Bhanvad Nagar Palika to use premises

and any portions of the site for the execution of any work not included in this Contractor which it may

desire to have carried out by other person, and the contractor shall allow all reasonable facilities for

the execution of such work but shall not be required to provide any plant or material for the

execution of such work except by special arrangement with the Employer. Such work shall be carried

out in such manner as not to impede the progress of works included in the Contractor and the

Contractor shall not be responsible for any damage or delay which may happen to or occasioned by,

24. INSURANCE IN RESPECT OF DAMAGE TO PERSON AND PROPERTY.

The Contractor shall be responsible for all injury to persons, animals or things, and for all structural

and decorative damage to property, which may arise from the operation or neglect of himself or of any

nominated Sub-Contractor or any employee of either. Whether such injury or damage arises from

carelessness, accident or any other cause whatever in any way connected with the carrying out of this

Contract. This Clause shall be held to include inter alias, any damage to buildings, whether

immediately adjacent or otherwise, and any damage to roads, streets, foot-paths, bridges or ways

As well as all damage caused to the buildings and works forming the subject of this Contract by frost,

rain, wind or other inclemency of weather. The Contractor shall indemnify the Employer and hold it

harmless in respect of all and any expenses arising from any such injury or damage to persons or

property as aforesaid and also in respect of any claim made in respect of injury or damage under any

Acts of any legislature or otherwise and also in respect of any award of compensation or Damages

consequent upon such claim. The contractor shall reinstate all damages of every short mentioning this

clause, so as to deliver up the whole of the contractor works completed and perfect in every respect

and so as to make good or otherwise satisfy all claims for damage parties.

The contractor shall indemnify the Employer against all claims which may be made against

the Employer by any member of public or other third party in respect of anything which may be arise

in respect of the works or in consequence thereof and shall at his own expense arrange to effect and

maintain, until the virtue completion of the contract, with an approved office a policy of insurance in

the joint names of the Employer and the Contractor against such risks and deposit such Policy or

Polices with the Bhanvad Nagar Palika from time to time during the currency of this Contract. The

contractor shall also similarly indemnify the Employer against all claims which may be made upon the

Employer whether under the Workmen's Compensation Act or any other statute in force during the

currency of this contract or at Common Law in respect of any employee of the Contractor of any Sub-

Contractor and shall at his own expenses effect and maintain, until the virtual completion of the

Contract, with an approved office a Policy of Insurance in the joint names of the Employer and the

Contractor against such risks and deposit such Policy or Policies with the Bhanvad Nagar Palika

from time to time during the currency of the Contract.

The Contractor shall be responsible for any liability, which may be excluded from the Insurance

Policies above referred to, and also for all other damages to any person, animal or property arising

out of and incidental to the negligent or defective carrying out of this Contract. He shall also indemnify

the Employer in respect of any cants charges or expenses arising out of any claim or proceedings and

also in respect of any award of compensation or damages, arising there from. The Employer shall with

the concurrence of the Bhanvad Nagar Palika, be entitled to deduct the amount of any damage,

compensation, costs, charges and expenses arising or accruing from, or in respect of, any such

claims or damage from any or all sums due or to become due to the Contractor, without the prejudice

to the Employer's other rights in respect thereof.

25. FIRE INSURANCE:

a.) The Contractor shall, within fourteen days from the date of commencement of the works, insure the

works at his costs and keep them insured until the virtual completion of the works, against loss or

damage by fire with an office to be approved by the Bhanvad Nagar Palika in the joint names of the

Employer and the Contractor (the name of the former being placed first in the Policy), for the full

amount of the contract and for any further sum if called upon to do so by the Bhanvad Nagar Palika,

the premium of such being allowed to the Contractors as an authorized extra. Such policy shall cover

the property of the Employer only and the Bhanvad Nagar Palika and Surveyor’s fees for assessing

the claim and in connection with his services generally in the rein-statement and shall not cover any

property of the Contractor or of any Sub-contractor of employee. The Contractor shall deposit the

Policy and receipts for the premiums with the Bhanvad Nagar Palika within twenty-one days from the

commencement of the works, unless otherwise instructed by the Bhanvad Nagar Palika. In default of

the Contractor insuring as provided above, the Employer, or the Bhanvad Nagar Palika on his behalf,

may so insure the works and may deduct the premiums paid from any moneys due or which

may become due to the Contractor without prejudice to the other rights of the Employer in respect of

such default. In case it becomes necessary to suspend the works, the Contractor shall, as soon as

the claim under the Policy is settled, or the work reinstated by the Insurance Office, should they

elect to do so, proceed with all due diligence with the completion of the works in the same manner as

though the fire had not occurred and in all respects under the same Conditions of Contract. The

Contractor in case of rebuilding or reinstatement after fire, shall be entitled to such extension of time

for completion as the Bhanvad Nagar Palika deems fit.

b.) The amount so due as aforesaid shall be the total value of the works duly executed and of the

Contractor materials and goods delivered upon the site for use in the works up to and including a date

not more than seven days prior to the date of the said Certificate less the amount to be retained by

the Employer (as hereinafter provided) and less any installments previously paid under this clause.

Provided that such certificate shall only include the value of the said materials and goods as and from

time to time as they are reasonably, properly and prematurely brought upon the site and then

only if properly stored and/or protected against weather.

26. DATE OF COMMENCEMENT AND COMPLETION

The Contractor shall be allowed admittance to the site on the "Date of Commencement" stated in the

Appendix hereto, or such later date as may be specified by the Bhanvad Nagar Palika and he shall

there upon and for with being the works and shall regularly proceed with and complete the same

(except such painting or other decorative work as the Bhanvad Nagar Palika may desire to delay) on

or before the "Date of Completion" stated in the Appendix subject nevertheless to the provisions for

extension of time hereinafter contained.

27. DAMAGES FOR NON-COMPLETION:

If in the opinion of the Bhanvad Nagar Palika the works be delayed (a) by force majeure or (b) by

reason of any exceptionally inclement weather or (c) by reason of proceedings taken or threatened by

or dispute with adjoining or neighboring owners or public authorities arising otherwise than through

the Contractors own default or (d) by the works or delays of other Contractors or Tradesmen engaged

or nominated by the Employer or the Bhanvad Nagar Palika and not referred to in the Schedule of

quantities and/or Specification or (e) by reason of Bhanvad Nagar Palika's instructions as per Clause

2 hereof or (f) by reason of civil commotion, local combination of workmen or strike or lock-outfacing

any of the building trades or (g) in consequence of the Contractor not having received in due time

necessary instructions from the Bhanvad Nagar Palika for which he shall have specially applied in

writing or (h) from other causes which the Bhanvad Nagar Palika may certify as beyond the control of

Contractor or (i) in the event, the value of the work exceed the value of the Priced Schedule of

Quantities owing to variation, the Bhanvad Nagar Palika may with the previous approval in writing

of the employer make a fair and reasonable extension of time for completion of the Contractor works;

in case of such strike or lock-out the Contractor shall as soon as may be, give written notice thereof to

the Bhanvad Nagar Palika, but the Contractor shall nevertheless constantly use his endeavors to

prevent delay and shall do all that may reasonable be required to the satisfaction of the Bhanvad

Nagar Palika to proceed with work.

29. FAILURE BY CONTRACTOR TO COMPLY WITH BHANVAD NAGARPALIKA'S INSTRUMENTS:

If the Contractor after receipt of written notice from the Bhanvad Nagar Palika requiring compliance

within ten days from fails to comply with such further drawings and/or Bhanvad Nagar Palika's

instructions the Employer may employ and pay other persons to execute any such work whatsoever

that may be necessary to give effect thereof, and all costs incurred in connection therewith shall be

recoverable from the Contractor by the Employer the Certificate of the Bhanvad Nagar Palika as a

debt or may be deducted by him from any moneys due to the Contractor.

30. TERMINATION OF CONTRACT BY THE EMPLOYER:

If the Contractor being an individual or a firm commits any "act of insolvency", or shall be adjudged an

Insolvent or being an Incorporated Company shall have an order for compulsory winding up made

against it or pass an effective resolution for winding up voluntarily or subject to the supervision of the

Court and the Official assignee or the Liquidator in such acts of insolvency or winding up, as the

case may be, shall be unable within seven days after notice to him requiring him to do so, to show the

reasonable satisfaction of the Bhanvad Nagar Palika that he is able to carry out and fulfill the Contract

and to give security there for, if so required by the Bhanvad Nagar Palika.

Of if the Contractor (whether an individual, firm or incorporated Company) shall suffer

execution or other process of court attaching property to be issued against the Contractor.

Or shall suffer any payment under this Contractor to be attached by or on behalf of any of the

creditors of the Contractor,

Or shall assign or sublet this Contractor without the consent in writing of the Employer

firsthand and obtained,

Or shall charge or encumber this Contract or any payments due or which may become due to

the Contractor hereunder,

Or if the Bhanvad Nagar Palika shall certify in writing to that the Contractor,

(i) Has abandoned the Contract or

(ii) Has failed to commence the works, or has without any lawful excuse under these Conditions

suspended the progress of the works for fourteen days after receiving from the Bhanvad Nagar Palika

notice to proceed, or

(iii) Has failed to proceed with the works with such due progress as would enable the works to be

compiled within the time agreed upon or,

(iv) Has failed to remove materials from the site or to pull down and replace work for seven days after

receiving from the Bhanvad Nagar Palika written notice that the said materials or work were

condemned and rejected by the Bhanvad Nagar Palika under these Conditions, or,

(v) Has neglected or failed persistently to observe and perform all or any of the acts, matters or things by

this Contract to be observed and performed by the Contractor for seven days after written shall have

been given to the Contractor requiring the Contractor to observe or perform the same. Then and in

any of the said cases the Employer may not withstanding any previous waiver, after giving seven days

notice in writing to the Contractor, determine the Contract, but without thereby affecting the powers of

the Bhanvad Nagar Palika or the obligations and liabilities of the Contractors, the whole of which shall

continue in force as fully as if the Contract and not been so determined, and as if the works

subsequently executed had been executed by or on behalf or the Contractors. And further, the

Employer by his agents or servants may enter upon and take possession of the works and all plant,

tools, scaffoldings, sheds, machinery, stem and other power utensils and materials lying upon the

premises or the adjoining lands or roads, and use the same by means of his own servants and

workman in carrying on and completing the works or by employing any other Contractor or other

person or persons to complete the works and the Contractor shall not in any way interrupt or do any

act, matter or thing to prevent or hinder such other Contractor or other person or persons employed

for completing and finishing or using the materials and plant for the work, when the works shall be

completed or as soon thereafter as convenient the Bhanvad Nagar Palika shall give a notice in writing

to the Contractor to remove his surplus materials and plant, and should the Contractor fail to do so

within a period of fourteen days after receipt thereof by him, the Employer may sell the same by public

auction, and give credit to the Contractor for the net amount realized. The Bhanvad Nagar Palika

shall thereafter ascertain and certify in writing under his hand what (if anything) shall be due or

payable to, or by the Employer, for the value of the said plant and materials so taken possession of

the Employer and the expenses or loss which the Employer shall have been put to in procuring the

works to be completed and the amount, if any, owing to the Contractor and the amount which shall be

so certified shall thereupon be paid by the Employer to the Contractor or by the Contractor to the

Employer as the case may be, and the Certificate of the Bhanvad Nagar Palika shall be final and

conclusive between the parties.

31. TERMINATION OF CONTRACT BY CONTRACTOR:

If payment of the amount payable by the Employer under Certificate of the Bhanvad Nagar Palika

shall be in arrears and unpaid for thirty days after notice in writing requiring payment of the amount as

aforesaid shall have been given by the Contractor to the Employer, or if the Employer interferes with

or obstructs the issue of any such Certificate or if the Employer shall repudiate the Contract, if the

works be stopped for three months under the order of the Bhanvad Nagar Palika or the Employer or

by any injunction or other of any Court of Low, then and in any of the said cases the Contractor shall

be at liberty to determine the Contract by notice in writing to the Employer, through the Bhanvad

Nagar Palika, and he shall be entitled to recover from the Employer, payment for all works

executed and for any loss he may sustain upon any plant of materials supplied or purchased or

prepared for the purpose of the Contract.

In arriving at the amount of such payment, the net rates contained in the Contractor's original Tender

shall be followed or where the same may not apply, valuation shall be made in accordance with

Clause 17 hereof.

32. CERTIFICATE AND PAYMENTS

The contractor shall be paid by the Employer from time to time by installments under interim

certificates to be issued by the Bhanvad Nagar Palika to the contractor on account of the works

execute where in the opinion of the Bhanvad Nagar Palika work to the approximate value named in

the Appendix as "Value of work for interim certificates" (or less at the reasonable discretion of the

BHANVADNagarPalika) has been executed in accordance with this contract, subject, to a retention of

the percentage of such value named in the Appendix hereto as "Retention percentage for interim

certificates" until the total amount retained shall reach the sum named in the Appendix as "Total

certificates" until the total amount retained shall reach the sum named in the Appendix as "Total

retention Money" after which time the Installments shall be up to the full value of the work

subsequently so executed and fixed in the building. The Bhanvad Nagar Palika may in his discretion

include the interim certificate such amount as he may

Consider proper on account of materials delivered upon the site by the contractor for use in the works.

And when the works have been completed and the Bhanvad Nagar Palika shall have certified in

writing that they have been completed the contractor shall be paid by the Employer in accordance

with the certificate to be issued by the Bhanvad Nagar Palika the sum of money named in the

Appendix as "Installment after completion" being a part of the said total Retention Money. And the

contractor shall be entitled to the payment of the Final Balance in accordance with the final certificate

to be issued in writing by the Bhanvad Nagar Palika at the expiration of the period referred to as the

defects liability period" in the Appendix hereto from the date of completion or as soon after the

expiration of such period as the works shall have been finally completed and all defects made good

according to the true intent and meaning hereof which ever shall last happen, provided always that

the issue by the Bhanvad Nagar Palika of any certificate during the progress of the works or at or after

their completion shall not relieve the contractor from his liability under clause 2 and 20 nor relieve the

contractor of his inability in cases of found, dishonesty, or fraudulent concealment relation to the

works or materials or to any matter dealt with in the certificate, and in case of all defects and

insufficiencies in the works or materials which a reasonable examination would not have disclosed.

No certificate of the Bhanvad Nagar Palika shall of itself be conclusive evidence that any works or

materials to which it relates are in accordance with the contract neither will be contractor have a

claim for any amounts which the Bhanvad Nagar Palika might have certified in any interim bill and

paid by the Employer and which might subsequently be discovered as not payable and in this respect

the Employer's decision shall be final and binding. The Bhanvad Nagar Palika shall have power to

withhold any certificate in the works or any parts thereof are not being carried out to his satisfaction.

The Bhanvad Nagar Palika may be any certificate make any correction in any previous certificate

which shall have been issued by him.

No certificate of Payment shall be issued by the Bhanvad Nagar Palika if the contractor falls to insure

the works completion certificate

Payments upon the Bhanvad Nagar Palika's certificate shall be made within the periods

named in the Appendix as "Period for honor or certificates" after such certificates has been delivered

to the Employer.

33. DELAYED PAYMENT:

Any amounts payable by the Employer to the Contractor in pursuance of any certificate given by the

Bhanvad Nagar Palika here-under shall, if not paid within the "Period for honoring certificates" named

in the Appendix, carry interest at the rate named in the Appendix as the "Rate of Interest for delayed

payment" from the date upon which such sum ought to have been paid by the employer until the

34. MATTERS TO BE FINALLY DETERMINED BY BHANVAD NAGARPALIKAS.

The decision, opinion, direction, certificate (except for payment with respect to all or any of the

matters under clauses 2(a),2(b), 4, 7, 12, 19, 28 (a, b, c, d, f,) hereof (which matters are herein

referred to as the excepted matters)shall be final and conclusive and binding on the parties hereto

and shall be without appeal. Any other decision, opinion, direction, certificate or valuation of the

Bhanvad Nagar Palika or any refusal of the Bhanvad Nagar Palika to give any of the same, shall be

subject to the right of Arbitration and review under clause 35 hereof in the same way in all

respects(including the provision as to opining the reference) as if it were a decision of the Bhanvad

35. SETTLEMENT OF DISPUTES BY ARBITRATION

All dispute and difference of any kind whatever arising out of or in connection with the contract or the

carrying out of the works (Whether during the progress of the works or after their completion and

whether before or after the determination, abandonment or breach of the contract shall be referred to

and settled by the Bhanvad Nagar Palika who shall state his decision in writing. Such decision may be

in the form of a final certificate or other. The decision of the Bhanvad Nagar Palika with respect to any

of the expected matters shall be final and without appeal as stated in Clause 34 hereof. But if either

the Employer or the contractor be dissatisfied with the decision of the Bhanvad Nagar Palika on or

dispute of any kind (except any of the excepted matters)or as to the withholding by the Bhanvad

Nagar Palika of any certificate to which the Contractor may claim to be entitled, then and in any such

case either party (the employer or the contractor) may within 28 days after receiving notice of such

decision give a written notice to the other party through the Bhanvad Nagar Palika requiring that

matters in dispute be arbitrated upon. Such written notice shall specify the matters which are in

dispute or difference of which such written notice has been given and no other shall be and is hereby

referred to the Arbitration and final decision of an

arbitrator to be agreed upon and appointed by both the parties or, in case of disagreement as to the

appointment of a single arbitrator, to the appointment of EIGHTEEN arbitrators, one to be appointed

by each party, which arbitrators shall, before taking upon themselves the burden or reference, appoint

an umpire. The Arbitrator or Arbitrators, as the case may be, shall have power to open up, review and

revise any certificate, opinion, decision requisition or notice, save in regard to the excepted matters

referred to in the preceding clause, and to determine all matters in dispute which shall be submitted to

arbitration and of which notice shall have been given as aforesaid.

The Arbitrator or Arbitrators as the case may be, shall make his or their award within one year

(or such further extended time as may be decided by him or them as the case may be with the

consent of the parties) from the date of entering on the reference. Incase during the arbitration

proceedings the parties mutually settle, compromise or compound their dispute or difference, the

reference to arbitration and the appointment of the Arbitrator or Arbitrators, as the case may be, shall

be deemed to have been revoked and the arbitration proceedings shall stand withdrawn or

terminated, with effect from the date on which the parties file a joint memorandum of settlement

thereof with the Arbitration or the Arbitrators, as the case may be.

Upon every or any such reference, the cost of and incidental to the reference and award

respectively shall be in the discretion of the Arbitrator or Arbitrators, as the case may be, who may

determine the amount thereof or direct the same to be taxed as between attorney and client or as

between party, and shall direct by whom and to whom and in what matter the same shall be borne

and paid. This submission shall be deemed to be a submission to arbitration within the meaning of the

Indian Arbitration Act, 1940 or any statutory modification thereof. The award of the Arbitrator of

Arbitrators, as the case may be, shall be final and binding on the parties. It is agreed that the

contractor shall not delay the carrying out of the works by reasons of any such matter, question or

dispute being referred to Arbitration, but shall proceed with the works with all due diligence and shall,

until the decision of the Arbitrator or Arbitrators, as the case may be, is given, abide by the decision of

the Bhanvad Nagar Palika and no award of the Arbitrator or Arbitrators, as the case may be shall

relieve the Contractor of his obligations to adhere strictly to the Bhanvad Nagar Palika's instruction

with regard to the actual carrying out of the works. The employer and the contractor hereby also agree

that arbitration under this clause shall be a condition precedent to any right of action under the

36. RIGHT OF TECHNICAL SECURITY OF FINAL BILL:

The employer shall have a right to case a technical examination of the works and the final bill of the

contractor including all supporting vouchers, abstracts etc. to be made at the time of payment of the

final bill. If as a result of this examination or otherwise any sum is found to have been overpaid or over

certified it shall be lawful for the employer to recover the sum.

37. EMPLOYER ENTITLED TO RECOVER COMPENSATION PAID TO WORKMEN:

If for any reason the Employer is obliged, by virtue of the provisions of the workmen's compensation

Act, 1923, or any statutory modification or re-enactment thereof to pay compensation to a workmen

employed by the contractor in execution of the works, the Employer shall be entitled to recover from

the Contractor the amount of compensation so paid, and without prejudice to the rights of the

employer under the said act. The employer shall be at liberty to recover such amount or any part

thereof any deducting if from the security deposit or from any sum due by the employer to the

contractor under this contract or otherwise. The employer shall not be bound to contest any claim

made against dit under the said act, except on the written request of the contractor and upon his

giving to the employer full security to the satisfaction of the employer for all costs for which the

Employer might become liable in consequence of contesting such claim.

38. ABANDONMENT OF WORKS

If at any time after the acceptance of the tender, the Employer shall for any reasons whatsoever not

require the whole or any part of the works to be carried out, the Bhanvad Nagar Palika shall give

notice in writing to the Contractor who shall have no claim to any payment of compensation or

otherwise whatsoever on account of any profit or advantage which he might have derived from the

execution of the whole works.

39. RETURN OF SURPLUS MATERIALS:

Not withstanding anything to the contrary contained in any or all the clauses of this contract, where

any material for the execution of the contract is procured with the assistance of the Employer by

purchases made under orders or permits or licenses issued by Government the contractor shall hold

The said materials economically and solely for the purpose of the contract and not disposes of them

without the prior written permission of the Employer and return it to the Employer if required by the

Employer, at the price to be determined by the Bhanvad Nagar Palika having due regard to the

condition of the materials, the price to be determined not to exceed the purchase price thereof

inclusive of sales tax, octroi and other such levies paid by the contractor in respect thereof. In the

event of breach of the aforesaid condition, the Contractor shall in addition to bring liable to action for

contravention of the terms of licenses or permit and/or criminal breach of trust, be liable to Employer

for all moneys, advantages or profits resulting or which in the usual course would have resulted to him

by person of such breach.

40. RIGHT OF EMPLOYER TO TERMINATE CONTRACT IN THE EVENT OF DEATH OF

CONTRACTOR IF INDIVIDUAL.

Without prejudice to any of the rights or remedies under this contract, if the contractor, being an

individual, dies, the Employer shall have the option of terminating the contract without incurring any

liability for such termination.

APPENDIX HEREINBEFORE REFERRDED TO CLAUSE

01. Defects Liability Period: 03 Years from the

Date of completion of

02. Period of Final : One Year

03. Date of Commencement : 3rd Day from work order

04. Date of completion : 06 months

05. Liquidated damages at the : 0.1% per day maximum

Rate of up to 10% of total cost of

06. Value of works for interim : Rs. 3,39,94,941.00/-

07. Retention Percentage : 3% from running bills

08. Total retention money : 5% of contract value

(Earnest money deposit,

Security Deposit plus

Retention money from R.A.

09. Installment after : -

10. Period for honoring : One Year

11. Period for Payment mode: -