RESTORATION / RECARPETING WORK FOR ROADS IN CENTRAL / WEST / EAST ZONE BY BATCH MIX PLANT FOR THE YEAR 2026-2027 AND 2027-2028 FOR PAVER ACTION PLAN (FOR TWO YEARS) RETENDER

5. Opening of online technical bid 05-08-26 at 11.00 Hours onwards

6. Verification docum 05-08-26 at 11.00 Hours onwards

of submitted ents

(EMD, e - Tender fee, etc.)

7. Opening of Price Bid (If possible) 06-08-26 at 11.00 Hours onwards

8. Bid Validity 120 Days

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

RAJKOT MUNICIPAL CORPORATION

SHRI ZAVERCHAND MEGHANI BHAWAN,

BHAVNAGAR ROAD,

RAJKOT - 360003 (GUJARAT)

RAJKOT MUNICIPAL CORPORATION

BID DOCUMENT FOR

RESTORATION / RECARPETING WORK FOR ROADS IN CENTRAL / WEST /

EAST ZONE BY BATCH MIX PLANT FOR THE YEAR 2026-2027 AND 2027-

2028 FOR PAVER ACTION PLAN (FOR TWO YEARS) RETENDER

Invitation to Bid, Instructions to Bidders and

Formats. General Conditions of Contract

Technical Specifications

Schedule of Drawings

Bill of Quantities (With Price)

Statement showing the details of abbreviations

Full Form Abbreviation

CITY ENGINEER CE

Operation and Maintenance O&M

Net Present Value NPV

Engineering Procurement and Construction EPC

Gujarat Electricity Board GEB

Critical Path Method CPM

Reinforced Cement Concrete RCC

High Ground Level Reservoir HGLR

Bureau of Indian Standard BIS

American Water Works Association AWWA

American Petroleum Industries API

Million Liter per Day MLD

High Yield Strength Deformed bar HYSD

Corrosion Residence Steel CRS

Ordinary Portland Cement OPC

American Standard for Testing of Material ASTM

Flux Compensated Magnetic Amplifier FCMA

Cost Insurance and fright CIF

Free On Board FOB

Sr. No. Particulars

1 Invitation to Bid

2 Instruction to Bidders

4 General Conditions of Contract

5 Technical specifications

6 Schedule of Drawings

7 Bill of Quantities

Rajkot Municipal Corporation

e-Tender Notice

Rajkot Municipal Corporation, Construction Branch, SHRI ZAVERCHAND

MEGHANI BHAWAN, CENTRAL ZONE, BHAVNAGAR ROAD, Rajkot-360003,

invites e-Tenders WITH STAR RATE and two bid system by e-

Tendering from the contractors registered in GWS&SB or State

Government or Semi-Government or Central Government in

appropriate Class and Special Category-I Road works for the below

mentioned works:

A) Estimated cost (For Two Years)

Sr Name of work B) Estimated cost (For One Year)

No C) Earnest Money Deposit

D) E-TENDER fee

E) Time limit for completion of work

F) Class of Registration

1 RESTORATION / RECARPETING WORK FOR A.1) Rs.30,00,00,000/- (with GST)

ROADS IN CENTRAL ZONE BY BATCH MIX A.2) Rs.25,40,88,170.25/- (without

PLANT FOR THE YEAR 2026-2027 AND 2027- GST)

2028 FOR PAVER ACTION PLAN (FOR TWO B) Rs.15,00,00,000/- (with GST)

YEARS) RETENDER C) Rs.30,00,000/-

Note: The work is to be carried out through E) 24 Months

Batch Mix Plant Only. F) Class-'AA' & Above

2 RESTORATION / RECARPETING WORK FOR A.3) Rs.30,00,00,000/- (with GST)

ROADS IN WEST ZONE BY BATCH MIX PLANT A.4) Rs.25,40,88,170.25/- (without

FOR THE YEAR 2026-2027 AND 2027-2028 FOR GST)

PAVER ACTION PLAN (FOR TWO YEARS) G) Rs.15,00,00,000/- (with GST)

RETENDER H) Rs.30,00,000/-

Note: The work is to be carried out through J) 24 Months

Batch Mix Plant Only. B) Class-'AA' & Above

3 RESTORATION / RECARPETING WORK FOR A.5) Rs.30,00,00,000/- (with GST)

ROADS IN EAST ZONE BY BATCH MIX PLANT A.6) Rs.25,40,88,170.25/- (without

FOR THE YEAR 2026-2027 AND 2027-2028 FOR GST)

PAVER ACTION PLAN (FOR TWO YEARS) K) Rs.15,00,00,000/- (with GST)

RETENDER L) Rs.30,00,000/-

Note: The work is to be carried out through N) 24 Months

Batch Mix Plant Only. B) Class-'AA' & Above

Milestone dates for e-tendering is as under

1. Downloading of e-Tender documents 07-07-26 To 28-07-26 upto 17.00 Hrs.

2. Pre-bid Meeting 14-07-26 at 16.00 Hrs.

3. Online submission of e – Tender 28-07-26 upto 18.00 Hrs.

4. Physical submission of EMD, Before 04-08-26 and 18.00 Hours

Tender feeand other documents

required as per

Financial and Experience criteria. byRegd. Post. A.D. / Speed Post ONLY

5. Opening of online technical bid 05-08-26 at 11.00 Hours onwards

6. Verification docum 05-08-26 at 11.00 Hours onwards

of submitted ents

(EMD, e - Tender fee, etc.)

7. Opening of Price Bid (If possible) 06-08-26 at 11.00 Hours onwards

8. Bid Validity 120 Days

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

1. All bidders must submit Bid security (EMD) as above either directly

deposited in ICICI Bank Account No.015305010638 (Rajkot Municipal

Corporation) IFSC Code ICIC0000153 or submit at the below mentioned

address in form of Demand Draft OR BANK GUARANTEE in favour of

"Rajkot Municipal Corporation", Rajkot, from any Nationalized Bank or

Scheduled Bank (except Co-operative Bank) in India. The receipt of

professional tax paid for current year, address proof, tender appendix

details and ID proof shall have to be submitted along with physical

submission of required documents shall have to be done at the below

mentioned address:

City Engineer / Addl. City Engineer

Rajkot Municipal Corporation

Dr. Ambedkar Bhawan,

Construction Branch,

Dhebarbhai Road,

Note:Bidder must mentioned name of work and zone for which bid

submitted on cover.

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

of "Rajkot Municipal Corporation" Rajkot, payable at Rajkot from any

Nationalized Bank or Scheduled Bank (except Co-operative Bank) in India

and must be delivered to above address.

3. Joint Venture is not permitted for this tender.

4. The pre-qualification requirement is as under:

i) Financial Criteria:

1. The Bidder must have achieved a minimum annual turnover in any

one year over the last seven financial years of the annual value of

contracts value.

2. The Bidder should give undertaking that he has access to or has

available, liquid assets and/or credit facility equal to 25% of the

value of the contract / contracts applied.

3. Available Bid Capacity (ABC) must be more than the estimated tender

Available bid capacity (ABC) = (A x N x 2) –

A = Maximum of updated total amount of work executed in any one

A = Maximum of updated total amount of work executed in any one

year of the last seven financial years.

B = Amount of the existing commitments and ongoing works to be

discharge during time interval of N years from the bid due date.

N = Number of years prescribed for completion of the proposed works

4. Bidder must have minimum Class “AA” & Special Category-I Road works.

ii) Experience Criteria:

1. Bidder should have completed OR substantially completed at least

one work of similar nature of 40% (Construction of New Roads) of

tender amount either in Government or Semi- Government or

Government Autonomous Body as a main contractor in period of last

i) Substantially completed works means those works which are

completed atleast 90% of original contract price on the date of

submission of this tender and execution is satisfactory.

ii) The work may have been executed by the applicant as prime

contractor or as a member of a joint venture. In case a project

has been executed as a joint venture, joint venture proportion

will be taken into consideration.

2. Bidder should have enough machinery and experienced personnel to

supervise the work.

3. Similar Work definition means work of RESTORATION / RECARPETING

OF PAVER WORK i.e. Subbase + Base + Wearing Coarse (Layer Wise)

4. Note on pre-qualification requirement:

1. Enhancement factor at 10% per year for last seven years will be

applicable to arrive at average annual turnover and experience to

finalize the magnitude of work done in last seven years.

1 Current Year (2026-27)

2 Current Year – 1 (2025-26)

3 Current Year – 2 (2024-25)

4 Current Year – 3 (2023-24)

5 Current Year – 4 (2022-23)

6 Current Year – 5 (2021-22)

7 Current Year – 6 (2020-21)

8 Current Year – 7 (2019-20)

2. For Financial and Experience criteria, the estimated cost of

Rs.15,00,00,000/-(ONE YEAR) will be considered.

5. Price Escalation: (STAR RATE IS APPLICABLE FOR THIS TENDER)

‐ Price escalation will be applicable for this work.

‐ Contract price shall be adjusted for increase or decrease in rates and price of

Labour, Materials, Fuels & Lubricants in accordance with the following

principles & procedures and as per formula given in the contract data.

A. The price adjustment shall apply for the work done from the start date

given in the contract data up to end of the initial intended completion

date or extensions granted by the Competent Authority and shall not

apply to the work carried out beyond the stipulated time for reasons

attributable to the contractor.

B. The price adjustment shall be determined during each month from the

formula given in the contract dat.

C. Following expressions and meanings during to the work done during each

The price adjustment for Material

Vm = Increase or decrease in the cost of work during the month under

consideration due to change in rates for local materials other than

Cement, Steel, Bitumen & POL (Fuel & Lubricants)

Mo = The all-India wholesale price index (All commodities) on 28 days

preceding the schedule date of opening of technical bids, as published by

the office of Economic Advisor, Dept. for promotion of Industry & internal

trade, Ministry of Commerce and Industry.

Mi = The all-India Whole sale price index (all commodities) for the month

under consideration as published by the office of Economic Advisor,

Dept. for promotion of Industry & internal trade, Ministry of Commerce

Pm = Percentage of local Material Component (other than Cement,

Steel, Bitumen & POL) of the work.

R= Total value of work done during the month. It would include the

amount of secured advance granted, if any, during the month less the

amount of secured advance recovered.

The following percentage will govern the price adjustment for the entire

1. Labour – Pl 5.906 %

2. Cement – Pc 1.000 %

3. Steel – Ps 0.000 %

4. Bitumen – Pb 33.040 %

6. Plant & Machinery spares – Pp 17.263 %

7. Other Material – Pm 30.571 %

Total… 100.00 %

Note: The same formula will be applicable to Steel Ps / Cement Pc / Bitumen

Pb / Labor Pl / POL (Fuel & Lubricants) Pf / Plant & machinery spares Pp /

Other Material Pm.

6. The bidder(s) submitting the tender shall also have to submit the copy

of ESIC & EPF Registration document along with the other documents,

duly self attested, failing which, the tender of such bidder(s) will be

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

7. Bidder has to quote their rates without GST and including other taxes.

The invoice should be submitted by contractor showing the breakup of GST

in the bill. GST will be paid extra at the prevailing rate at the time of

8. After opening of Technical Bid, the procedure for the pre-

qualification shall be adopted and the Price Bid of only successful

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

decision of Municipal Commissioner regarding the pre- qualification shall

be final and binding to all the bidders.

9. The Tender of those bidder(s) those who fails to submit the required

documents physically within the stipulated date and time, will be

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

10. The bidder should not have been Black Listed, suspended, terminated,

backed out, debarred & delisted by any Municipal Body / Urban Local Body

/ Development Authority in any State Government Body or undertaking /

any department or undertaking of Government of India, since inception of

the firm / Company. Such a case will be rejected out rightly. A Declaration

in this regard on Rs.300/- Stamp Paper duly Notarized shall have to be

submitted as per Annexure along with the tender documents. Submission

of the bid document without such Notarized declaration will be rejected out

11. The bidder should provide accurate information on any litigation history or

arbitration resulting from contracts completed or under execution by him

over the last ten years. This should also include such cases, which are in

process / progress. A consistent history of awards against the bidder may

result in failure of the bid. In case the bidder has not provided such

information and has come to the notice of the authority, the tender will be

rejected at what so ever stage and in such case all the losses that will arise

out of this issue will be recovered from the Bidder / bidder and he will not

have any defense for the same.

12. Conditional Tenders will be out rightly rejected.

13. If no agency remains present and are no points for Prebid meeting, “NIL”

minutes to be considered and the same will not be uploaded.

14. Rajkot Municipal Corporation, Rajkot, reserves the right to accept /

reject any or all e-tender(s) without assigning any reasons thereof.

Rajkot Municipal Corporation

CHECKLIST FOR SUBMISSION OF DOCUMENTS (ONLINE AND OFFLINE)

The bidder must submit the relevant documents as per below:

Sr Document Name ONLINE OFFLINE

No SUBMISSION SUBMISSION

1 Tender Fee  

3 Agency Registration Certificate  --

(both class of registration and sp.

Cat-1 registration)

4 GST Registration  --

5 PAN Card  --

6 PF Registration  --

7 ESIC Registration  --

8 Labour License & CESS As Per Prevailing --

Registration Govt. Rules

9 Non-Blacklist Declaration on  

10 Turnover Certificate from CA  --

11 Work Experience Certificates  --

12 Other documents, if any  --

13 Working Capital Certificate  --

From C.A. Or Under Taking

14 Available Bid Capacity  --

Certificate With Sign And

Stamp Of CA (For Work More

Than Rs. 1 Cr.)

Note: The bidder must submit all relevant documents as per qualification criteria and

tender conditions. No correspondence to the agency will be done for shortfall

Original documents to be brought by bidder/authorized person for verification on the

date and time as communicated by engineer-in-charge. Successful bidder to submit

hard copy of tender documents including addenda/Corrigendum, if any and other

supportive documents as required in this tender, duly stamped & signed on all pages.

Rajkot Municipal Corporation

Name and signature of Bidder

Check List for submission of Documents Tab

Tender Fee submitted as per Tender Yes / No

Tender Earnest Money Deposit Yes / No

submitted as per Tender

Registration documents submitted as Yes / No

per tender requirement

Financial Details:

Turnover details submitted as per Yes / No

Working Capital as per requirement of Yes / No

tender is submitted

Valid Bank Solvency submitted Yes / No

Validity of Bank Solvency Date:

Experience Details:

Details of Technical Staff and details of Yes / No

machineries submitted

Address proof submitted Yes / No

Identity proof submitted Yes / No

Fresh Declaration on Non-Judicial Yes / No

Stamp Paper regarding not black listed

or Terminated or Debarred, is submitted

Professional Tax Receipt of current year Yes / No

Over and above, the agency shall also have to submit all other necessary

documents as may be required for pre-qualification, failing which, the

agency will be treated as Non-responsive and will be DISQUALIFIED and

also the online price bid of such agency will not be opened.

Signature of contractor with seal

INSTRUCTIONS TO BIDDER

The contract documents may be secured in accordance with the Notice Inviting E-

TENDER for the work called. The work shall include supply of materials necessary for

construction of the work.

IT 2. INVITATION TO E-TENDER

The Rajkot Municipal Corporation hereinafter referred as the Corporation will receive

e- Tenders for the work of as per the specifications and schedule of prices in the e-

Tender document. The e-Tenders shall be opened online as specified in the e-Tender

notice in the presence of interested Bidders or their representatives. The Corporation

reserves the right to reject the lowest or any other or all e-Tenders or part of it which

in the opinion of the Corporation does not appear to be in its best interest, and the

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

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

IT 3. LANGUAGE OF e-TENDER

E-TENDERs shall be submitted in English, and all information in the e-Tender shall

also be in English, Information in any other language shall be accompanied by its

translation in English. Failure to comply with this may make the e-Tender liable to

IT 4. QUALIFICATIONS OF BIDDERS

A. The Bidders shall abide by the laws of the Union of India and of Gujarat

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

B. The Bidder shall furnish a written statement of financial and

technical parameters with details and documents along with his e-Tender

which contains namely as below:

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

ii. The Bidder’s financial capacity/resources and standing over at least

7 (seven) years.

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

iv. The Bidder’s capability and qualifications of himself and his regular

v. Plants and Machinery available with the Bidder for the work e-Tendered.

C. The Bidder shall furnish original documents on the date mentioned in tender

notice. The bid for those bidder will be treated as non-responsive who failing to

produce original documents on specified date.

IT 5. e-TENDER DOCUMENTS

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

TENDER document. The several sections form in the document are the essential parts

of the contract and a requirement occurring in one shall be as binding as though

occurring in all, they are to be taken as mutually, explanatory and describe and

provide for complete works.

IT 6. EXAMINATION BY BIDDERS

A. At this own expense and prior to submitting his e-Tender, each Bidder shall

(a) examine the Contract Documents, (b) visit the site and determine local conditions

which may affect the work including the prevailing wages and other pertinent cost

factors, (c) familiarize, himself with all central, state and local laws, ordinance, rules

regulations and codes affecting the material supply including the cost of permits and

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

determinations with the requirements of the e-TENDER Documents, site & subsoil

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

The works shall have to be completed in all respect as stated in the e-Tender

document to the satisfaction of the Corporation.

C. The following comprises in Contract Documents at a price of Rs.23,500/-

e-TENDER Document: Notice inviting Bidders

E-TENDER declaration form

Instructions to the Bidder

General conditions of contract

Technical specifications

Bid Form (With Price)

D. Copy of the E-TENDER Document should be completed, checked in a responsible

manner, digitally signed, and submitted. Security Bond shall be submitted in

person by the stipulate date, which shall form the e-Tender.

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

required to be made by the Bidder are contained in the e-Tender documents

and the Bidder shall not take out or add to or amend the text of any of the

documents except in so far as may be necessary to comply with any addenda

issued pursuant to Clause IT. 19 hereof.

IT 7. EARNEST MONEY DEPOSIT:

A. Each Bidder must submit a DD as Tender guarantee towards Earnest

money amounting to Rs.30,00,000/- in favor of "Rajkot Municipal

Corporation", from any Nationlized Bank or Scheduled bank (except Co-

operative Bank) acceptable to owner payable at Rajkot. The Tender

Bond, shall be valid for a period of not less than hundred and eighty

(180) days from the date the e-Tenders are opened and shall comply

with the requirements for Bond as stipulated in the General conditions

of contract. The Tender guarantee bond will be held by the owner as a

guarantee that the Bidder, if awarded the contract, will enter into the

contract agreement in good faith and furnish the required bonds. Any e-

Tender not accompanied by a Tender guarantee in the form of earnest

money deposited for the sum stipulated in the e-Tender Document will

be summarily rejected.

B. The Earnest Money Deposit will be refunded to the unsuccessful Bidders after an

award has been finalized.

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

the successful Bidder fails to accept the contract and fails to submit the

“Performance Guarantee Bonds to the Owner as stipulated in this e-Tender

documents within ten days. (10) days after receipt of notice of award of contract.

D. The Earnest Money Deposit of the successful Bidder shall be returned after the

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

E. Within 10 (ten) days from the date of issue of the letter accepting his tender,

the successful Bidder shall furnish the required Security Deposit for

performance and plus additional security if any for unbalanced bids in

accordance with the condition of the contract and attend the office of the

Engineer In-charge for execution of the contract documents. If he fails to

furnish the Security Deposit for performance or enter into an agreement to

execute the contract for the work offered to him, his Earnest Money Deposit

will be forfeited and the Bidder will be Black Listed / Debarred / Terminated from

tendering for further works of Rajkot Municipal Corporation for the period of

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

IT 8. INCOME TAX CLEARANCE CERTIFICATE: (DELETED) :

Latest Income Tax clearance Certificates must accompany with the e-Tender

without which the e-Tender is liable to be summarily rejected. The Income Tax

Clearance Certificate obtained from the Income Tax Officer shall clearly indicate the

Income Tax Pan No/Circle/Ward, District and the reference number of the assessment

along with the assessment year.

IT 9. PREPARATION OF E-TENDER DOCUMENTS

Bidders are required to note the following while preparing the E-TENDER Documents:

A. E-TENDER shall be submitted on the E-TENDER form bound here in English.

All statements shall be properly filled in. Numbers shall be stated both in words

and in figures where so indicated.

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

TENDERs. If there is discrepancy between the rates quoted in figures and in

words, the rates expressed in words shall be considered as binding.

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

and other required documents and drawings. All witnesses and sureties shall

be persons of status and probity and their full names, occupations and

addresses shall be stated below their signature.

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

duly signed and stamped. Such variations may be approved or refused by the

Corporation is not obliged to give reason for his decisions.

IT 10. SUBMISSION OF E-TENDER DOCUMENTS

Bidders are requested to submit the E-TENDER Documents on following lines. A.

Volume containing following documents :

I. E-TENDER security bond ( Earnest Money )

II. Certificates as registered contractor with Government of Gujarat or

appropriate authority.

III. Bidder ’s financial capability and standing over at least past seven years

IV. Current Income Tax clearance certificate. (DELETED)

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

VI. A list of the equipment the Bidder possesses and that which he proposed

to acquire and use for the purpose related to the work.

VII. Bidder should submit All the drawings which they have received along with

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

should therefore ensure that their e-Tender is received by the competent authority

The Rajkot Municipal Corporation at the required place before expiry of the time

limit. No delay on account of any cause for receipt of e-Tender shall be entertained.

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

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

E-TENDERs by partnership firm must be furnished with the full names and addresses

of all partners and be signed by one of the members of the partnership or by

a legally authorized representative holding power of attorney followed by signature

and designation of the person of person signing.

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

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

persons legally authorized to bind the Corporation/Company in the matter.

IT 11 TENDER VALIDITY PERIOD

The validity period of the e-Tender submitted for this work shall be of One eighty

(180) calendar days from the date of opening of the online Price Bid and that the

Bidder shall not be allowed to withdraw or modify the e-Tender offer on his own

during the validity period. The Bidder will not be allowed to withdrawn the e-Tender

or make any modifications or additions in the terms and conditions on his own

e-Tender. If this is done then the owner shall, without prejudice to any other right or

remedy, be at liberty to reject the e-Tender and forfeit the earnest money deposit in

IT 12 GENERAL PERFORMANCE DATA

Bidders shall present all the information which sought for in the e-Tender document in

form of various schedules if given. E-TENDERs may not be considered if left blank or

the schedules are not properly filled in.

IT 13 SIGNING OF E-TENDER DOCUMENTS

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

his current address. If the e-Tender is made by a proprietary firm, it shall be signed

by the proprietor above his name and the name of his firm with his current address.

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

partners of the firm above their full names and current address, or by a partner

holding the power of attorney for the firm, in which case a certified copy of the power

of attorney shall accompany the E-TENDER. A certified copy of the partnership deed,

current addresses of all the partners of the firm shall also accompany the e-Tender.

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

signed by a duly authorized person holding the power of attorney, shall accompany

the e-Tender. Such limited company or corporation may be required to furnish

satisfactory evidence of its existence before the contract is awarded.

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

complete information pertaining to each firms in the group and state along with the

bid as to which of the firms shall have the responsibility for e-Tendering and for

completion of the contract documents and furnish evidence admissible in law in

respect of the authority to such firms on behalf of the group of firms for e-Tendering

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

evidence pertaining to the participation of each member of the group of firms in the e-

Tender shall be furnished along with the e-Tender.

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

names, occupations and addresses shall be stared below their signatures. All the

signatures in the e-Tender document shall be dated.

IT 14 WITHDRAWAL OF TENDERS

If, during the tender validity period, the Bidder withdraws his Tender, Tender

security (Earnest Money) shall be forfeited and Bidder will be debarred for next three

years to quote in R.M.C.

IT 15 INTERPRETATIONS OF E-TENDER DOCUMENTS

Bidders shall carefully examine the E-TENDER Document and fully inform themselves

as to all the conditions and matters which may in any way affect the work or the cost

thereof. If a Bidder finds discrepancies, or omission from the specifications or other

documents or should be in doubt as to their meaning, he should at once address

quarry to the ADDL. CITY ENGINEER, R.M.C. The result of interpretation of the E-

TENDER will be issued to all Bidders as addendum.

IT 16 ERRORS AND DISCREPANCIES IN E-TENDERS

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

words shall prevail and apply in such cases.

IT 17 MODIFICATION OF DOCUMENTS

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

required will be made by an addendum. Each addendum will be made available

Bidders. These shall form a part of e-Tender. The Bidder shall not add to or amend

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

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

to all Addenda in the preparation of e-Tender. Bidders shall verify the number of

Addenda issued, if any and acknowledge the receipt of all Addenda in the E-TENDER

Failure to so acknowledge may cause the e-Tender to be rejected.

A. The Owner may issue Addenda to advise Bidders of changed requirements.

Such addenda may modify previously issued Addenda.

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

IT 18. TAX AND DUTIES ON MATERIALS

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

and other duties etc. on materials obtained for the works from any source shall be

borne by the contractors. No (P) or ‘C’ or ‘D’ form shall be supplied.

IT 19 EVALUATION OF E-TENDERS

While comparing e-Tenders, the Rajkot Municipal Corporation shall consider factors

like price offer is workable with the market price, efficiency and reliability of

construction method proposed, compliance with the specifications, relative quality,

work done in past with Rajkot Municipal Corporation or other Government

Organizations, litigation issues etc. Evaluation criteria specifically mentioned in the

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

IT 20 TIME REQUIRED FOR COMPLETION

The completion period mentioned in this schedule is to be reckoned from the

date of notice to proceed. Total completion period is as shown in tender notice, from

the date of issue of notice to proceed and contractor should adhere to this completion

time. Monsoon period from 1st July to 30th September will be considered as non-

working period and hence excluded in time limit.

IT 21 POLICY FOR TENDER UNDER CONSIDERATION

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

until such time any official announcement or award is made.

While e-Tenders are under consideration, Bidders and their representative or other

interested parties are advised to refrain from contacting by any means any

corporations personnel or representatives on matters related to the e-Tenders under

study. The Corporation’s representatives if necessary will obtain clarification on e-

Tenders by requesting such information from any or all the Bidders, either in

writing or through personal contact, as may be necessary. The Bidder will not be

permitted to change the substance of his e-Tender after e-Tenders have been

opened. This includes any post Tender price revision. Non-compliance with his

provision shall make the Tender liable for rejection.

IT 22 PRICES AND PAYMENTS

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

the part of the total works quoted for and include all costs due to materials,

labour, equipment, supervision, other services, royalties, taxes etc. and to include

all extra to cover the cost. No claim for additional payment beyond the prices quoted

will be entertained and the Bidder will not be entitled subsequently to make any

claim on any ground.

IT 23 PAYMENT TERMS

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

Technical specifications. The Corporation shall not under any circumstances relax

these terms of payment and will not consider any alternative payment terms. Bidders

should therefore in their own interest note this provision to avoid rejection of their e-

Award of the contract or the rejection or E-TENDERs will be made during the Tender

are requested to quote their price offer in % below or above on the given price

in the schedule-B only.

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

successful Bidder shall execute the Contract Agreement within the time stated and

shall furnish the Bond as required herein. The contract Agreement shall be executed,

in form stipulated by the Owner.

If the Bidder receiving the Notice of Award fails or refuses to execute the Contract

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

required herein, the Owner may annul his award and declare the e-Tender security

forfeited and will take action as deemed fit.

A corporation, partnership firm or other consortium acting as the Bidder and receiving

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

the contract agreement and Bonds for the corporation, partnership firm or other

consortium acting as the Bidder is duly authorized to do so.

IT 25 SIGNING OF CONTRACT

The successful Bidder shall be required to execute the contract agreement within

10 days of receipt of intimation to execute the contract, failing which the Corporation

will be entitled annul to the award and forfeit the Earnest Money Deposit. The person

to sign the contract document shall be person as detailed in Article IT. 13 (signing of

e-Tender documents).

IT 26 DISQUALIFICATION

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

The Tender Security Deposit is not deposited in full and in the manner as specified as

per Article IT. 7 i.e. Earnest Money Deposit.

The e-Tender is in a language other than English or does not contain its

English Translation in case of other language adopted for e-Tender preparation.

The e-Tender documents are not signed by an authorized person (as per Article IT.

i.e. signing of e-Tender documents).

The general performance data for qualification is not submitted fully (as per Article IT

12 i.e. General performance Data).

Bidder does not agree to payment terms defined as per Article IT. 23 i.e.

A. A e-Tender may further be disqualified if,

(a) Price variation is proposed by the Bidder on any principle other than

those provided in the E-TENDER Documents.

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

defined and specified in e-Tender document.

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

Tender validity period.

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

condition which effect the cost.

IT 27 PERFORMANCE GUARANTEE (SECURITY DEPOSIT)

As a contract security the Bidder to whom the award is made shall furnish a

performance guarantee (Security deposit) for the amount of 5% of the contract

price to guarantee the faithful performance, completion and maintenance of the

works of the contract in accordance with all conditions and terms specified

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

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

A fixed deposit receipt of any Nationalized Bank or Schedule Bank except Cooperative

Bank or Nationalized Bank duly endorsed in favour of the Rajkot Municipal

Corporation, Rajkot.

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

of the notice of award and at least three (3) days before the contract agreement is

signed unless otherwise specified by the Engineer-in-charge. Alternatively, the

contractor may at his option deposit an amount of 2.5% of the value of the contract

price within ten days and the balance 2.5% to be recovered in installments through

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

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

PERFORMANCE GUARANTEE WILL BE RETURNED TO THE CONTRACTOR WITHOUT

ANY INTEREST AFTER DEFECT LIABILITY PERIOD IS OVER.

IT 28 STAMP DUTY

The successful Bidder shall have to enter into an agreement on a non-judicial stamp

paper of amount as per Stamp duty Act in the form of the agreement approved by

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

IT 29 BRAND NAMES

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

catalogue shall be constructed as establishing a standard or quality and performance

and not as limiting competition and the Bidder in such cases, may at his option freely

use only other product, provided that it ensures an equal of higher quality than the

standard mentioned and meets Corporation approval.

The material must be approved product in authorized current list.Agency should also

provide original certificate in favour of RMC for the despatch of material and

authentic despatch certification.

IT 30 NON TRANSFERABLE

E-TENDER documents are not transferable.

IT 31 COST OF e-TENDERING

The owner will not defray expense incurred by Bidders in e-Tendering.

IT 32 EFFECT OF e-TENDER

The e-Tender for the work shall remain for a period of 120 calendar days from the

date of opening of the e-Tenders for this work and that the Bidder shall not be

allowed to withdraw or modify the offer in his own during the period. If any Bidder

withdraws or makes any modification or additions in the terms and conditions of his

own e-Tender, then the Corporation shall, without prejudice to any other right or

remedy, be at liberty to reject the e-Tender and forfeit the earnest money in full.

IT 33 CHANGE IN QUANTITY

The Corporation reserves the right to waive any information in any e-Tender and to

reject one or all e-Tenders without assigning any reasons for such rejection and also

to vary the quantities of items or group as specified in the scheduled of prices as may

IT 34 NEW EQUIPMENT AND MATERIAL

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

originally coming from manufacturer’s plant to the Corporation. The rebuilt or

overhauled equipment/materials will not be allowed to be used on works.

IT 35 RIGHTS RESERVED

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

or irregularity in any e-Tender without assigning any reason. The owner further

reserves the right to withhold issuance of the notice to proceed, even after

execution of the contract agreement. No payment will be made to the successful

Bidder on account of such withholding. The owner is not obliged to give reasons for

any such action.

IT 36 ADDITIONAL RIGHTS RESERVED

The Commissioner, Rajkot Municipal Corporation reserves right to reduce the

scope of work & split the e-Tender on two or more parts without assigning any

reason even after the awards of contract.

IT 37 MOBILIZATION ADVANCE

No mobilization advance or advance on machinery will be given.

IT 38 CONDITIONAL e-TENDERS

The scope of work is clearly mentioned in the e-Tender documents. The contractor

shall have to carry out the work in accordance with the details specifications. No

condition will be accepted. The conditional e-Tender will liable to be rejected.

IT 39 1% CESS & REGISTRATION:

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

have to take the registration with competent authority as per Circular

No.CWA/2004/841/M-3 dated 30-01-2006 of Government of Gujarat. Rajkot

Municipal Corporation will deduct 1% Cess of the value of work and will deposit the

same in Government.

IT 40 PROFESSIONAL TAX

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

imposed by Government of Gujarat, and also the bidder shall have to produce

Enrollment Certificate for the same.

IT 41 PROFESSIONAL TAX

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

imposed by Government of Gujarat, and also the bidder shall have to produce

Enrollment Certificate for the same.

The contractors who are liable to be registered under EPF Act, 1950 must

possess EFP code at the time of filling of tender. The agency should follow all

the rules and regulations of the Act as prevailing currently.

IT 43 LABOUR LICENSE:

The contractors who are liable to be registered under Contract Labour Act,

must possess online Labour License at the time of filling of tender. The agency

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

IT 44 FILLING OF e-TENDER

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

Tender. Incomplete OR inappropriate OR wrong information filled may cause

the e-Tender to be rejected.

Asst.Engineer Dy.Ex.Engineer CITY ENGINEER

Rajkot Muni. Corporation Rajkot Muni. Corporation Rajkot Muni. Corporation

Signature of Bidder.

Rajkot Municipal Corporation

Additional Instructions to persons tendering

1. EXAMINATION OF LOCATION:-

Statement as to the conditions under which the work is to be performed

including surveys, measurements, dimensions calculations, estimates,

etc. are made solely to furnish a basis of completion of tenders and the

Rajkot Municipal Corporation does not guarantee on represent that, they

are given approximately correct. The contractor shall satisfy himself by his

own inquiry, investigation and search regarding all materials effecting the

work to be done and labour and materials needed and shall make himself

reliance thereon.

2. The work including in this contract, shall be carried out in accordance with

the specifications, rules and regulations as laid down in the books

mentioned below in order of the property.

The employer Hand Book Volume I & II, 1949 Edition. If the reference

books quoted above fall short for the items quoted in the schedule

of this contract, reference shall be made to Indian Standard

Specifications of the latest. Edition. If any of the items of this contract

are not covered by the reference books quoted above decision and

specifications as directed by the CITY ENGINEER, RMC shall be final. This

shall depend on the standard specifications followed the items concerned.

The Engineer In-Charge may at any time give direction as to

in order and manner in which the several parts of the work

shall be carried out and the contractor shall strictly observe such

The Contractor shall furnish to the Engineer in charge every week during

the progress of the work classified weekly returns.

5. PROCUREMENT OF PETROLIUM PRODUCTS:-

The contractor shall submit monthly, the purchase bills for bitumen.

The contractor shall submit the monthly returns in the prescribed forms as

to the receipts and actual use of the bitumen, LDO and HSD during the

month to the Engineer in charge close of every calander month.

6. PERMIT & LICENCE :-

The contractor shall procure his sole expenses all permits and license

and pay all charges and fees for lawful execution of the work.

7. TEMPORARY QUARTERS:-

The contractor will be required to make his own arrangement for the

housing of his staff required as per statutory provision.

8. Conditions regarding medical and sanitary arrangement to be provided by

the contractor as per statutory provision.

9. SUB-LETTING OF WORK.

The Contractor will not be permitted to sublet any of the work.

10. EMPLOYMENT OF RESIDENT ENGINEER :-

The contractor shall employ skilled and fully experienced, qualified engineer

for carrying out the work. Before employing a skilled and experienced

Resident Engineer, the contractor shall obtain the previous permission and

approval of the Engineer in charge for making such appointment as to the

suitability and eligibility of the Resident Engineer. The Resident Engineer

shall be considered at any time to be acting for the contractor with full

responsibility in every respect. While submitting such proposal, the

qualifications and experience of the persons shall be fully listed. It must

be seen that person with proven and sufficient experience shall be

11. CO-ORDINATION OF SPECIFICATION, PLANT AND SPECIAL PROVISIONS:-

The Standard specifications, the plants, the special provisions and

all supplementary documents are essential parts of the contract

and requirement occurring in one shall be binding as though in occurring in

all. They shall be intended to be co-operative to describe and provide for

a complete work. Incase of disagreement the plant shall have procurence

over the standard specifications. Figures, dimensions shall given over scale

dimension. In any case such variation shall be decided by the Engineer in

12. INSPECTION OF WORK AND MATERIALS:-

(i) For Resident Engineer, Agent and employees of the contractor,

contractor shall provide proper facilities.

(ii) The inspection of the work shall not relieve the contractor from his

obligation to fulfill the terms of the contract as herein prescribed by

the plans and specification.

(iii) The contractor shall furnish written information to the Engineer in

charge stating the original sources of supply and dates

of manufacturing of all materials brought or manufactured away from

the actual site of the work.

(iv) The contractor shall furnish the Engineer in charge with every

reasonable facility as assistance for ascertaining whether or not the

work performed is in accordance with the requirements and

instructions of the plans and estimates and specification, if so,

directed, the contractor any times before and after considered.

Necessary for fresh inspection at his own cost. After the inspection,

the contractor shall restore the said portion of the work to the

conditions required by the specifications at his own cost.

(v) In order to ensure a proper time sequence for required inspection

and approval, this information shall be furnished at least two weeks

before of otherwise as directed by the Engineer in charge in advance

of the use of incorporation in the work of any such materials and this

shall be given in writing by the contractor.

(vi) Failure to reject any defective work of materials, any time will not

is any way, provent laster rejection when such defect is

discovered or observed.

13. The contractor shall obtain from employer stations of the place or places,

where it is permitted for his to deposit the materials excavated. the

contractor shall accept the site as he funds it, and any work that may go

necessary to carry out, the contractor shall be provided for in his contract

14. The contractor shall be responsible for the true and proper setting out of

the works and or the correctness of the positions, levels, dimensions,

and alignments of all parts of the works and for the provisions of all

necessary instruments appliances and labour in connection therewith. If

any time, during the progress of the works any error shall appear or

arised in the positions, levels, dimensions or alignment or any part of the

works. The contractor shall at his own expenses, rectify such errors is

based on the correct date supplied in writing by Engineer in charge in

which case the expense of rectifying the same shall be borne by the RMC.

The checking or any setting out or any line or level by the engineer in

charge or his representative shall not in any way, relieve the contractor of

his responsibilities for the correctness thereof. The contractor shall

carefully protect and procure bench marks, site, nails, pegs and other

thing used in setting out work.

15. As order book shall be provided and maintained by the contractor for the

work and the contractor shall sign the orders given by the department

and shall carry them out. Work order book is the property of the RMC.

and shall remaining the custody of RMC. That is supervisory staff

on duty. Compliance shall be carried out promptly and reported to the

Engineer in charge in good time so that work can be checked.

16. EXTRA- ITEM RATE LIST :-

In case of the extra items, the contractor shall invariably supply the rate

analysis based on the labour, materials, required in the items along with his

quotations for the items. The rate of extra items shall be decided by the

competent authority of the department. The final decision of the competent

authority of the employer regarding rates, specifications etc. shall be

binding upon the contractor. The decision of competent authority shall be

17. As petty items occurring in the work and as found necessary actual

execution shall be carried out in general as per general

specification current in division and as per orders of the Engineer in

charge from time to time.

18. It shall be distinctly and clearly understood that commodity of the

contract and specifications on the ground of custom prevailing is not

be allowed. Extra charges of claims in respect of the extra works will

not be allowed unless the work to which they related is clearly

beyond the sprit and meaning of the specifications or unless such work

are ordered of the specified manner before the work is taken in

hand, in writing by the Engineer in charge.

19. The contractor shall provide all labour and pegs, levelling

machinery, strings and other materials as required for lining and

measuring all the work without any payment from the RMC.

20. The dimensions, figures and drawing etc. shall be followed as supplied

by the Engineer in-charge or as directed to generate by taking levels from

time to time. No claims or dispute from contractor shall be entertained

due to charge in plans or detailed drawings.

21. The contractor shall provide suitable stones with flat top and

temporary bench mark, page, required for lining out and fixing the

necessary levels without any extra cost. If required such stones may be

build in masonry at such places and in such manner as the Engineer in

charge or his Assistant in charge of the work determines.

22. All purpose connected with work, the contractor are required to make

their own arrangments for a sufficient supply or water or quality and

quantity and at such places on the work as may be order by the

Engineer in charge. The rate quoted in the contract are for completed

work and shall cover all the contractor's cost in supplying water to

the terms stipulated in the clause of this contract. Incase the

contractor was to make use of plots, adjacent to work site, for stacking

material etc. they have to approach owners of these plots or such other

authority and make their own arrangements. The Engineer in charge will

not be held responsible for any complaints on such cases from anybody.

23. Every spot on the work and site shall be kept clear of accumulation

of debris from time to time.

24. All the materials to be used in the work may from time to time subject

to test as per relevant IS or directed by the Engineer in charge

at the expenses of the Contractor.

25. Notwithstanding that, all proper precautions may have been taken by the

contractor during the progress of the work, the contractor shall be held

responsible for all damages, whether to the work under execution or to

any property or the persons during the progress of work and the period

of maintenance.

26. After the completion of the work, the site shall be handed over to

the Engineer-in-charge of work, in neat and clean conditions

after removing all the rubbish from site campus. Also, dressing

upto the new road paver top level, shall have to be done on all

the side shoulders either by removing / excavating soil or

placing soil if required for road top level. No extra payment or

measurement will be given for this side shoulders soil lifting /

leveling by providing required additional soil.

27. The contractor shall as far as possible employ the labour work

giving priority to the labour resides locally.

Asst.Engineer Dy.Ex.Engineer CITY ENGINEER

Rajkot Muni. Corporation Rajkot Muni. Corporation Rajkot Muni. Corporation

Signature of Contractor:

Note: The Declaration submitted earlier to this office will not be

considered as such a fresh Declaration shall have to be done as on the

milestone dates of this tender document

(On Non-Judicial stamp paper of Rs.300/-)

hereby declared that I / We am / are not partner(s) black listed or Terminated or

Debarred or connected with firm black listed or terminated or debarred in any

States, CPWD/ MES/ Railways or any Government, Semi- Government or Private

body since the inception of the firm / company. Also, no Police complaint is lodged

against the firm / company or Staff deployed by me / us.

At present I am / we are registered as approved contractor(s), firms in

State, CPWD / MES / Railways.

I, owner / We, the partners of this firm, hereby give an undertaking

that we are jointly and severally responsible to meet all the liabilities ever and

above the business of this firm and make good the above financial loss

sustained by the Rajkot Municipal Corporation as a result of our abandoning the

works entrusted to us.

I, the undersigned do hereby undertake that our firm _______ would

invest a minimum cash up to 25% of the value of the work during

implementation of the contract.

I further undertake that if above declaration proves to be wrong/

incorrect or misleading, our tender/ contract stands to be cancelled/

Place: Signature of Authorized Person

APPLICABILITY OF PROVIDENT FUND AND MISCELLANEOUS

Successful bidder i.e. the agency whose tender is accepted by the RMC

shall have to comply the necessary formalities under the employees

provident fund and Miscellaneous Provisions Act, 1952 as Contributory

Provident Fund Scheme is applicable to labourers engaged in construction

activity and shall have to submit proofs regarding deduction of provident

fund and other dues and depositing the same with government department

under the act and the scheme regularly on monthly basis failing which

no running / final bill payment will be made by the RMC to the contractor

in any circumstances.

A certificate to the above effect has to be given by the

contractor as under.

Depositing Provident Fund contribution

This to certify that we have deducted the employees ’P.F. and

deposited the same along with employer’s contribution towards provident

fund on labour charges / wages paid by us to the labourer sengaged for the

work of with Provident Fund Authority under our Provident Fund Code No.

We produce herewith the copies of the challans for the provident fund

deduction and contribution deposited as mentioned above.

Date: Seal and Signature of the Bidder

BIDDER’S FINANCIAL CAPACITY

Sr. Annual Turnover Networth Net Cash Working

No. Financial Year in Engineering Rs. Rs. Capital

Project Rs. Rs.

1) Figures to be taken from audited balance sheets. Duly certified

attested true copy

2) Copies of the balance sheet to be attached..

3) The bidder shall have to provide that for a period of at least

4 months the bidder has ability to sustain negative

cash balance and how he proposes to meet with the

4) Cash Plan / Cash flow Statement.

AVAILABLE BID CAPACITY

executed in Rs.

The available bid capacity will be worked out as follows.

Available bid capacity= (AxNx2)– B, where

A = Maximum of updated to tal amount of work executed in any

one year of the las ts e v e n financial years.

B = The amount of the existing commitments and ongoing

works to be discharge during time interval of N years

from the bid due date.

N = Number of years prescribed for completion of the proposed works

- : DETAILS OF LITIGATION :-

Name of applicant / or parties

Applicant should provided accurate information on any History of

litigation or arbitration resulting from contracts completed or under

execution in last five years.

Years Award Name of client, Disputed Amount

for / or Cause of litigation & in Rupees.

against matter of dispute.

[1] The above information shall be supported with necessary

documents otherwise the same shall be treated as null &

[2] A consistent history of arbitration awards / judgments

against the applicants or any partner of a joint venture may

result in disqualification for proposed work.

[3] If the details of Litigation History is hidden by the applicant

and later on it comes to knowledge of the employer the

bidder shall be disqualified for the proposed work and

other appropriate actions shall be taken against the

Signature of Bidder

EACH MEMBER OF THE CONSORTIUM SHOULD GIVE ALL THE DETAILS

FOR EACH OF THE FOLLOWING APPENDICES.

Sr Name of the Consortium Member Role of the Member Equity Stake in Project

Signature of Bidder

Financial Resources in ongoing projects

Sr Description of Total cost of Members Funds required

ongoing work / contract contribution to be

projects (%) contributed

Signature of Bidder

FINANCIAL INFORMATION

Annual Turnover in Rs. Lakhs

Year Civil Other Total

Engineering Projects

SIMILAR WORKS COMPLETED AS A MAIN CONTRACTOR IN LAST SEVEN YEARS.

Sr. Name of Name & Type of work Quantity Date of award Time of Whether

No the work address completion Project Under

of client Litigation

with (Yes / No.) &

contact reasons

Signature of Contractor

EXPERIENCE IN OTHER PROJECTS AS A MAIN CONTRACTOR

Sr Name of work with details Cost of work in Lakhs Date of award and Time of Whether Project Under

. of client and contact completion Litigation (Yes/No) &

No number reasons thereof

Signature of Contractor

WORKS FOR WHICH BIDS ALREADY SUBMITTED

Description of Place and State Estimated Value of Stipulated period of Date when Remarks if

work works Rs. In Lakhs completion decision is any

INFORMATION ON BID CAPACITY (WORK FOR WHICH BIDS HAVE BEEN SUBMITTED AND WORKS WHICH ARE YET TO BE

COMPLETED) AS ON THE DATE OF THIS BID (A) EXISTING COMMITMENTS AND ON-GOING WORKS

Description Place and Contract No. Name and Value of Stipulated Value of works Anticipat

of Work state & Date Address of the Contract period of remaining to be ed date

Employer Rupees in completion completed of

EXPERIENCE AS MAIN CONTRACTOR

Project Details Contract Cost Contract Actual cost at the Actual Name, Address, Phone and Fax

including title (Rs.in Lakhs) period end of contract Contract No. of the Owner's

and location (Start date (Rs. In Lakhs) period representative who could be

- End date) (start date - contacted.

Signature of Contractor

PLANT & EQUIPMENT PROPOSED TO BE DEPLOYED BY THE APPLICANT FOR USE

ON THE ROAD WORK

Sr. Name of equipment Total requirement Equipment in hand Equipment to be procured

No. No. of units Kind and Capacity No. of Year of Manu. & Name of No. of Capacity Through

for the Project make each Present condition owner each purchase /

1 Tipper Trucks

3 Front end Loader

4 Smooth Wheeled Roller

5 Vibratory Roller

6 Continuous Batch mix plant

7 Paver Finisher with electronic

9 Bitumen Sprayer

11 Concrete Mixture

12 Screed Vibrator / Pin Vibrator

13 Mortar Grader

14 Vacuum Dewatering Machine &

Note : [1] The bidder shall have to assure availability of machinery / equipment in working condition as prescribed

[2] Machinery / Equipment ownership as lease / hire agreement for the work under tender shall be considered as valid

proof for assured availability.

[3] The location of machinery should be furnished in detail i.e. [i] Site of work [ii] Own workshop [iii] Other places.

[4] Describe the fabrication and workshop facilities [a] to be set up site [b] to be sub

contracted locally.

[5] If leased indicate the date when the current lease expires.

Signature of Bidder

General Information Details

Estimated Amount

Registration Turnover Details Solvency Available Bid Capacity Details of

No./Class Tender Fee EMD Last Seven Years Not Less (working Capital) As per Certificate

(Mini. Class Detail Details Average than Formula ABC = 2*A*N-B attached for

“B” & 300.00 (Minimum) Experience of Min.

Above) Lakhs of single work.

Maximum Value of work

Working Executed in any one Year

Capital During the last Seven (up Name of

enhancemen not Less date to present price level Work

Issuing Rs. with

Year t factor to be Than by applying enhancement

Authority enhancemen

multiplied 25% of factor --- 10% above) years

Tender taking in to account

2019-20 Value (present price level

by applying enhancement

factor) of existing

Name of Bank Name of Bank 2020-21 Bank &

1.77 commitments and on-going

Address Class & Bank Code, & Bank Code, Bank

works to be completed

City City Code,

that next N year (period of

1.61 completion of

2022-23 Number of years prescribed

for completion of the works

Permission Solvency for which tenders are

Phone No. Draft No. Draft No. 1.46 No. invited

2023-24 A= Max Value x

Fax Date :- Draft Date Draft Date 1.33 Date Enhancement factor

2024-25 N = Next N Year

2025-26 1.10 B = Present Value

Average Bid Capacity=(2*A*N)-B

Attach the Calculation

sheet and Mention Figure

To derive B- Present Value Value (present price level by applying enhancement factor) of existing commitments on-going (i.e. Running) works Statement has been

attached herewith.

Above Financial Details are True

Contractor Sign & Seal

Application Form(1)

General Information

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

are requested to complete the information in this form. Nationality information

to be provided for all owners or applicants who are partnerships or individually-

Where the Applicant proposes to use named subcontractors for critical

components of the works, or for work contents in excess of 10 percent of the

value of the whole works the following information should also be supplied for

the specialist subcontractor(s).

1. Name of Firm

2. Head office address

3. Telephone Contact

5. Place of incorporation/registration Year of incorporation/

Nationality of owners

Name Nationality

Name of Bidders officers I Persons to be contacted

Name. Address Phone Nos. Fax.

Application Form (1A)

Structure and Organization

The applicant is

a proprietary firm

a firm in partnership

a Limited Company or Corporation

a group of firms/consortium (if Yes, give

completion information in respect of each

Attach the Organization Chart showing the

structure of the organization including the

names of the Directors and position of

Number of years of experience :

as a Prime Contractor (contractor

shouldering major responsibility

other countries (specify country)

in a consortium

other countries (Specify country)

as a sub-contractor (specify main

other countries (Specify country)

4. Name and address of any associates the

applicant has in India (in case the applicant

happens to be from foreign country) who are

knowledgeable in the procedures of

customs, immigration, taxes and other

information necessary to do the work.

For how many years has your

organization been in business of similar work

under its present name? What were your

fields when your organization was

established? Whether any new fields were

added in your organization? And if so, when?

5. Were you ever required to suspend

construction for a period of more than six

months continuously after you started? If

so, give the name of project and give

reasons thereof.

6. Have you ever left the work awarded to

you incomplete? If so, give name of project

and reasons for not completing work.

In which fields of civil engineering

construction do you claim specialization and

Give details of your experience in

mechanized paver finishing and in modern

concrete technology for manufacture and

quality control.

Give details of your experience in using

heavy earth moving equipment and quality

control in compaction of soils.

Give details of your experience in this type

of road work done earlier

- : ADDITIONAL INFORMATION

(The applicant can add here any further information relevant to the

evaluation of their pre-qualification bid)

NOTE :- The above information shall be supported with necessary documents

Otherwise the same shall be treated as null & void.

Signature of Applicant

DETAILS OF PLANT & EQUIPMENT OWNED BY THE CONTRACTOR

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

Equipments Plants / RTO / Equipment where the

Equipments registration Plants /

GENERAL CONDITIONS OF CONTRACT

:: TABLE OF CONTESTS ::

No. Description

GC-1 Definitions and Interpretations

GC-2 Location of site and accessibility

GC-3 Scope of work

GC-4 Ruling language

GC-5 Interpretation of Contract Document

GC-6 Contractor to understand himself fully

GC-7 Errors in submissions

GC-8 Sufficiency of E-TENDER

GC-9 Discrepancies

GC-10 Performance Guarantee (Security Deposit)

GC-11 Inspection of work

GC-12 Defect Liability

GC-13 Power of Engineer-In-Charge to give further instructions.

GC-14 Programme

GC-15 Sub-letting of work

GC-16 Sub-Contracts for temporary works, etc.

GC-17 Time for completion

GC-18 Extension of time

GC-19 Contract Agreement

GC-20 Liquidated damages

GC-21 Forfeiture of Security Deposit

GC-22 Action of Forfeiture of Security Deposit

GC-23 No compensation for alteration in or restriction in work

GC-24 In the event of death of contractor

GC-25 Members of the owner not individually liable

GC-26 Owner not bound by personal representations

GC-27 Contractor's office at site

GC-28 Contractor's subordinate staff and their conduct

GC-29 Termination of sub-contract by owner

GC-30 Power of entry

GC-31 Contractor's responsibility with the other Contractor and

GC-32 Other Agencies at site

GC-34 Rights of various interests

GC-35 Price adjustments

GC-36 Terms of Payment

GC-37 Retention Money

GC-38 Payments due from the Contractor

GC-39 Contingent Fee

GC-40 Breach of Contract by Contractor

GC-41 Default of Contractor

GC-42 Bankruptcy

GC-43 Ownership

GC-44 Declaration against waiver

GC-45 Laws governing the contract

GC-46 Over payment and under payment

GC-47 Settlement of disputes

GC-48 Disputes of differences to be referred to

GC-50 Termination of the Contract

GC-51 Special risks

GC-52 Change in Constitution

GC-53 Sub-contractual relations

GC-54 Patents and Royalties

GC-56 Execution of work

GC-57 Work in monsoon

GC-58 Work on Sundays and Holidays

GC-59 General Conditions for construction work

GC-60 Drawings to be supplied by the Owner

GC-61 Drawings to be supplied by the Contractor

GC-62 Setting outwork

GC-63 Responsibilities of Contractor for correctness of work

GC-64 Materials to be supplied by the Owner

GC-65 Conditions of issue of materials by the Owner

GC-66 Materials procured with assistance of the Owner

GC-67 Materials obtained from dismantling

GC-68 Article of value of treasure found during construction

GC-69 Discrepancies between instructions

GC-70 Alternations in specifications and designs and extra work.

GC-71 Action when no specifications are issued

GC-72 Abnormal rates

GC-73 Assistance to Engineer-In-Charge

GC-74 Tests for quality of work

GC-75 Action and compensation in case of bad workmanship

GC-76 Suspension work

GC-77 Owner may do part of the work

GC-78 Possession prior to completion

GC-79 Completion Certificate

GC-80 Schedule of Rates

GC-81 Procedure for measurement of work in progress

GC-82 Running account payments to be regarded as advances

GC-83 Notice for claim for additional payment

GC-84 Payment of Contractor's Bill

GC-85 Final Bill

GC-86 Receipt for payment

GC-87 Completion Certificate

GC-88 Taxes, Duties, etc.

GC-89 Insurance

GC-90 Damage to Property

GC-91 Contractor to Indemnify Owner

GC-92 Implementation of Apprentice Act

GC-93 Health and Sanitary arrangements for workers

GC-94 Safety Code

GC-95 Accidents

GC-01 DEFINITIONS AND INTERPRETATIONS :

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

shall, unless repugnant to the subject or context thereof, have the following

means as signed to them.

1.1 The "Owner / Corporation" shall mean Rajkot Municipal Corporation and shall

include its Municipal Commissioner or other Officers authorized by the

Corporation and also include owner's successors and assignees.

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

e-Tender has been accepted by the Owner and includes the Contractors legal

representative, his successors and permitted assigned.

1.4 The "Engineer-In-Charge" shall mean the person designated as such by the

owner from time to time and shall include those who are expressly authorized by

the Corporation to act for and on its behalf for all functions pertaining to the

operation of this contract.

1.5 Engineer-In-Charge's Representtive shall mean any resident Engineer or

Assistant to the Engineer-In-Charge appointed from time to time by the owner to

perform duties set forth in the E-TENDER Document whose authority shall be

notified in writing to the Contractor by the Engineer-In-Charge.

1.6 "E-TENDER" – the offer or proposal of the Bidder submitted in the prescribed

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

1.7 "Contract Price" shall mean total money payable to the Contractor under the

contract. (This includes estimated amount as well as GST and Contractors’ premium)

1.8 "Addenda" shall mean the written or graphic notices issued prior to

submission of e-Tender which modify or interpret the contract documents.

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

1.10 "Contract" shall mean agreement between the parties for the execution of

works including therein all contract documents.

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

drawings, specifications, agreed variations, if any and such other documents

constituting the e-Tender and acceptance thereof.

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

Contractor) to whom any part of the work has been entrusted by the Contractor

with the written consent of the Engineer-In-Charge and the legal representative

successors and permitted assignee of such person, firm or company.

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

Specifications, provisions and requirements attached to the contract which pertains

to the method and manner of performing the work, to the quantities and

qualities of the work and the materials to be furnished under the contract for the

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

Indian Standard Institute Specification relative to the particular work or part

thereof, so far as they are not contrary to the E-TENDER specifications and in

absence of any other Country applied in Indian as a matter of standard engineering

practice and approved in writing by the Engineer-In-Charge with or without

1.14 The "Drawings" shall include maps, plans, tracings, or prints thereof with

any modification approved in writing by the Engineer-In-Charge and as such

other drawings as may, from time to time, be furnished or approved in writing by

the Engineer-In-Charge in connection with the work.

1.15 The "Work" shall mean the works to be executed in accordance with the

contract or the part thereof as the case may be and shall include extra,

additional, altered or substituted works as required for the purpose of the contract.

It shall mean the totality of the work by expression or implication envisaged in the

contract and shall include all materials, equipment and labour required for or

relative or incidental to or in connection with the commencement, performance and

completion of any work and / or incorporation in the work.

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

form part of the work to be handed over to the owner by the Contractor on

completion of the contract.

1.17 The "Temporary Work" shall mean all temporary works of every kind

required in or about the execution, completion and maintenance of the work.

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

permanent works are to be carried out and any other lands or places

provided by the Corporation for the purpose of the contract together with any other

places designated in the contract as forming part of the site.

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

whatever nature required in or for execution, completion or maintenance of

works or temporary works (as herein before defined) but does not include materials

or other things intended to form or forming part of the permanent work.

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

printed form delivered personally or sent by Registered Post to the last known

private or business address or Registered Office / Email or SMS on the Mobile of the

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

post it would have been delivered.

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

Engineer-In-Charge to effect additions or deletions from or alterations in the work.

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

within the provisions of the contract.

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

Engineer-In-Charge when the work has been completed and tested to his

1.24 The "Final Certificate" shall mean the final certificate issued by the

Engineer-In-Charge after the period of defects liability is over and the work is

finally accepted by the owner.

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

Completion Certificate and the issue of final certificate during which the Contractor

is responsible for rectifying all defects that may appear in the works.

1.26 "Approved" shall mean approved in writing including subsequent

confirmation in writing of previous verbal approval and "Approval" means approved

in writing including as aforesaid.

1.27 "Letter of Acceptance" shall mean an intimation by a letter to Bidder that his e-

Tender has been accepted in accordance with the provisions contained therein.

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

instruction given by the Engineer-In-Charge within the scope of his powers in

terms of the contract.

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

money to the Contractor during the progress of work on the basis of work done and

the supply of non-perishable materials to be incorporated in the work.

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

security for the due performance of the contractual obligations.

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

Municipal Commissioner, Rajkot Municipal Corporation.

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

due completion of the "LET WORS".

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

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

and vice-versa.

GC-02 LOCATION OF SITE AND ACCESSIBILITY :

The work is to be carried out in the City area. Non-availability of access roads shall

in no case be the cause to condone delay in the execution of the work and no

claim or extra compensation will be paid. The intending bidder should inspect the

site and make himself familiar with site conditions.

GC-03 SCOPE OF WORK :

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

specifications. The Contractor shall provide all necessary materials, equipment

and labour etc. for the execution and maintenance of the work. All material that go

with the work shall be approved by the Engineer-In-Charge prior to procurement

The Contractor shall make his own arrangement for power supply during

Land for Contractor's Field Office, Godown Etc.:

Owner will not be in a position to provide land required for Contractor's field office,

godown, etc. The Contractor shall have to make his own arrangement for

GC-04 RULING LANGUAGE :

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

shall be English. All entries in the contract document and all correspondence

between the contractor and the Corporation or the Engineer-In-Charge shall be in

English/Gujarati. All dimensins for the materials shall be given in metric units only.

A reasonable proportion of the contractor's superintending staff shall have a

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

have sufficient competent interpreters available for communications.

GC-05 INTERPRETATION OF CONTRACTDOCUMENT :

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

Contract shall prevail over those of any other documents of the contract unless

specifically provided otherwise, should have there be any discrepancy,

inconsistency, error or omission in the several documents forming the contract,

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

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

binding to the Contractor.

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

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

as described in the specifications and shown on the drawings.

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

Contract or to the specifications or to any other part of e-Tender documents are

solely for the purpose of giving a concise indication and not a summary of

contents thereof. They shall never be deemed to be part thereof or be used in

the interpretation or construction of the contract.

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

shall include the plural and vice-versa wherever the context so requires. Works

imparting persons shall include relevant Corporations / Body of individual / firm

of partnership.

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

volumes every part of each shall be supplementary to and complementary of

every other part and shall be read with and into the context so far as it may be

practicable to do so.

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

variance with any provisions of the Special Conditions of Contract, then, unless a

different intention appears, the provisions of the special conditions of contract

shall be deemed to over ride the provisions of General Conditions of Contract to

the extent of each repugnancy of variance.

7. The materials, design, and workmanship shall satisfy the relevant BIS, and codes

referred to. If additional requirements are shown in the specifications, the same

shall be satisfied over and above BIS and other codes.

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

provide certain facilities, it shall mean that the Contractor shall do so at his own

9. Contractor to Collect His Own Information -

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

for framing an estimate. However, when the work is being executed, changes in

soil conditions are likely to be met with in view of the formation of soil, strata in

Rajkot District. It is, therefore, desirable that the Contractor makes his own

investigations or additional investigations as may be required for correctly

assessing the cost of different items of work and submit his e-Tender

accordingly. Any change in description or quantity of an item shall not vitiate the

contract or release the Contractor from executing the work comprised in the

contract according to the drawings and specifications at the e-Tendered rates.

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

the requirements of materials and labour involved and as to whatever work he has

to complete in accordance with the contract. The Contractor is expected to visit the

site and surroundings to satisfy himself as to the nature of all existing structures, if

any, and also as to the nature and the conditions of railways, roads, bridges

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

and as to possible interruptions thereto and the access and gross from the site, to

have examined and satisfied himself as to the sites for obtaining sand, stones,

bricks and other materials, the site for disposal of surplus materials, the

available accommodation and make such enquiries as may be necessary for

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

subsoil water and variation thereof, storms, prevailing winds, climatic conditions

and all other similar matters, effecting work. He is expected to be familiar with his

liability for payment of Government taxes, customs and excise duty and other

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

shall have to a certificate for this.

GC-06 CONTRACTOR TO UNDERSTAND HIMSELF FULLY :

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

considerations and circumstances affecting the e-Tender price, as to the possibility

of executing the works as shown and described in the contract and to have fixed

his prices according to his own view on these matters and to have understood that

no additional allowances except as otherwise expressly provided, will

afterwards be made beyond the contract price. The Contractor shall be

responsible for any misunderstanding or incorrect information, however, obtained.

GC-07 ERRORS IN SUBMISSIONS :

The Contractor shall be responsible for any errors or omissions in the particulars

supplied by him, whether such particulars have been approved by the Engineer-In-

GC-08 SUFFICIENCY OF e-TENDER :

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

the correctness of the e-Tender rates which rates shall, except as otherwise

provides for, cover all the Contractor's liabilities and obligations set forth or

implied in the contract for the proper execution of the work for compliance with

requirements of Article GC-19 thereof.

GC-09 DISCREPANCIES :

The drawings and specifications are to be considered as mutually explanatory of

each other, detailed drawings being followed in preference to small-scale

drawings and figured dimensions in preference to scale and special conditions in

preference to General Conditions. The special directions or dimensions given in the

specifications shall supercede all else. Should any discrepancies however, appear

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

specifications or drawings, or as to the dimensions or the quality of the materials or

the due and proper execution of the works, or as to the measurement or quality

and valuation of the work executed under this contract or as extra there upon, the

same shall be explained by the Engineer-In-Charge and his explanation shall be

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

to it, be binding upon the Contractor and the Contractor shall execute the work

according to such explanation and without addition or to deduction from the

contract price and shall also do all such works and things necessary for the proper

completion of the works as implied by the drawings and specifications, even though

such works and things are not specially shown and described in the said

specifications. In cases where no particular specifications are given for any

article to be used under the contract, the relevant specifications of the Indian

Standard Institution shall apply.

GC-10 PERFORMANCE GUARANTEE (SECURITY DEPOSIT) :

1. A sum of 5% of the accepted value of the e-Tender for FIVE YEARS shall be

deposited by the Bidder (hereinafter called the contractor when e-Tender is

accepted) as security deposit with the owner for the faithful performance,

completion and maintenance of the works in accordance with the contract

documents and to the satisfaction of the Engineer-In-Charge and assuring the

payment of all obligations arising from the execution of the contract. This shall

be deposited in one of the forms mentioned below :

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

Scheduled Bank except co-operative bank.

b. A Fixed Deposit Receipt of a any Nationalized Bank or Schedule Bank duly

endorsed in favour of the "RAJKOT MUNICIPAL CORPORATION", Rajkot.

c. The Contractor may pay 2.5% of the value of works as initial security deposit

and the balance 2.5% shall be recovered in installments through deductions at

the rate of 10 (ten) percent of the value of each Running Account Bill till the

total security execution exceeds the accepted value of e-Tender because of

allotment of further work, further recoveries towards security deposit shall be

effected at 10% of the R A Bills to make up the five percent security deposit of

the revised value of contract. Alternatively, the Contractor may at his option

deposit the full amount of 5 percent of security deposit within ten days of

receipt by him of the notification accepting the e-Tender in the form as

aforesaid.The Performance Guarantee (Security Deposit) will be

released to the contractor without any interest after defect liability

period is over.

2. If the Contractor, sub-contractor or their employees shall break, deface or

destroy any property belonging to the owner or other agency during the

execution of the contract, the same shall be made good by the contractor at his

own expense and in default thereof, the Engineer-In-Charge may cause the

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

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

These expense can be recovered from the security deposit if recovery from other

sources is not possible. The amount as reduced in security deposit will be made

good by deduction from the next R A Bill of the Contractor.

GC-11 INSPECTION OF WORK :

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

any time wherever in progress either on the site or at the Contractor's or any

other manufacturer's workshop or factories wherever situated and the

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

carry out such inspection, Contractor or his authorized representative shall, at all

time during the usual working hours and all times when so notified, remain

present to receive orders and instructions.

Orders given to Contractor's representative shall be considered to have the same

force as if they had been given to the Contractor himself. Contractor shall give

not less than ten (10) days notice in writing to the Engineer-In-Charge before

covering up or otherwise placing beyond reach of inspection and measurement

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

of breach of the above, the same shall be uncovered at Contractor's expenses

for carrying out such inspection or measurement.

2. No material shall be despatched from Contractor's store on site of work before

obtaining approval in writing of the Engineer-In-Charge. Contractor shall

provide at all times during the progress of work and maintenance period of

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

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

GC-12 DEFECT LIABILITY :

1. Contractor shall guarantee the work for a period of Five Years from the date

of issue of Completion Certificate. Any damage or defect that may arise or

that may remain undiscovered at the time of issue of Completion

Certificate connected in any way with the equipment or materials supplied by

him or in the workmanship shall be rectified or replaced by Contractor at his

own expense asdesired by Engineer-In-Charge or in default Engineer-In-Charge

may cause the same to be made good by other agency and deduct expenses of

which the certificate of Engineer-In-Charge shall be final from any sums that

may then or any time thereafter become due to Contractor or from his security

deposit or the proceeds of sale thereof or of a sufficient portion thereof.

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

responsibility for the care of the work including all temporary works and in case

any damages, occur from any cause whatsoever he shall at his own cost, repair

and make good the same so that on completion, work shall be in good order and

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

instructions of the Engineer-In-Charge.

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

a) Decide that any work done or materials used by the Contractor are

defective or not in accordance with the contract or that work or any

portion thereof is defective or do not fulfill the requirements of contract (all

such materials being herein after called defects in this clause) he shall, as

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

said defect specifying particulars of the same then Contractor shall at his

own expense and with all speed make good the defects so specified.

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

the Contractor, such stops as may in all circumstances be responsible to

make good such defects. The expenditure so incurred by owner will be

recovered from the amount due to Contractor. The decision of Engineer-

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

be final and binding on the Contractor.

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

The Engineer-In-Charge shall have the power and authority from time to time

and at all times to give further instructions and directions as may appear to him

necessary or proper for the guidance of the Contractor and the works and

efficient execution of the works according to the terms of the specifications, and

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

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

had accompanied or had been mentioned or referred to in the specifications. No

work which radically changes the original nature of the contract shall be ordered

by the Engineer-In-Charge and in the event of any deviation being ordered,

which in the opinion of the Contractor changes the original nature of the contract,

he shall nevertheless carry it out and any disagreement as to the nature of the

work and the rate to be paid to thereof shall be resolved.

The time of completion of works shall, in the event of any deviations being ordered

resulting in additional cost or reduction in cost over the contract sum, be extended

or reduced reasonably by the Engineer-In-Charge. The Engineer-In- Charge's

decision in the case shall be final and binding.

GC-14 PROGRAMME :

The time allowed for execution of works shall be the essence of the contract.

The contract period shall commence from the date of notice of intimation to

proceed. The Bidder at the time of submitting his e-Tender shall indicate in the

construction schedule his programme of execution of work commencement with the

total time specified. The Contractor shall provide the Engineer-In- Charge a

detailed programme of time schedule for execution of the works in accordance with

the specifications and the completion date. The entire programme to be finalized

by the Contractor, has to conform to the execution period mentioned along with

the Bill of Quantities in the e-Tender documents. The Engineer-In-Charge upon

scrutiny of such submitted programme by Contractor, shall examine suitability of it

to the requirement of contract and suggest modifications, if found necessary.

GC-15 SUB-LETTING OF WORK :

No part of the contract nor any share of interest thereon shall in any manner or

degree be transferred, assigned or sublet by the Contractor directly or indirectly to

any person, firm or Corporation whosoever except as provided for in the succeeding

sub-clause, without the consent in writing of the owner.

GC-16 SUB-CONTRACTS FOR TEMPORARYWORKS ETC. :(N.A.)

The owner may give written consent to sub-contractors for execution of any part of

the works at the site, being entered upon the contractor provided each individual

contract is submitted to the Engineer-In-Charge before being entered into and is

approved by him. List of sub-contractors to be supplied.

Not-withstanding any subletting with such approval as aforesaid and

notwithstanding the Engineer-In-Charge shall have received of any sub-

contractors, the Contractor shall be and shall remain solely responsible for the

quality and proper and expeditious execution of the works and the performance of

all the conditions of contract in all respects as if such subletting or subcontracting

had not taken place and as if such works had been done directly by the Contractor.

GC-17 TIME FOR COMPLETION :

1. The work covered under this contract shall be commenced from the date the

Contractor is served with a notice to proceed with the work and shall be

completed before the date as mentioned in the time schedule of work. The time

is the essence of the contract and unless the same is extended as mentioned in

Clause GC-18 "Extension of Time", the Contractor shall pay liquidated damages

2. The general time schedule for construction is given in the e-Tender document.

Contractor shall prepare a detailed weekly or monthly construction programme

in consultation with the Engineer-In-Charge soon after the agreement and the

work shall be strictly executed accordingly.

The time for construction includes the time required for testing, rectifications, if

any, retesting and completion of the work in all respects to the entire satisfaction of

the Engineer-In-Charge.

GC-18 EXTENSION OF TIME :

Time shall be considered as the essence of the contract. If, however, the failure of

the Contractor to complete the work as per the stipulated dates referred to above

arises from delays on the part of Corporation in supplying the materials or

equipment, it has undertaken to supply under the contract or from delays on the

quantity of work to be done under the contract, or force majeure an appropriate

extension of time will be given by the Corporation. The Contractor shall request for

such extension within one month of the cause of such delay and in any case before

expiry of the contract period.

GC-19 CONTRACT AGREEMENT :

The successful Bidder shall enter into and execute the contract agreement within

10 (ten) days of the notice of award, in the form shown in e-Tender documents

with such modifications as may be necessary in the opinion of the Corporation. It

shall be incumbent on the Contractor to pay the stamp duty and the legal charges

for the preparation of the contract agreement.

GC-20 LIQUIDATED DAMAGES :

If the Contractor fails to complete the work or designated part thereof within the

stipulated completion date for the work or for the part, he shall pay liquidated

damages at 0.1 (zero point one) percent of contract value for per day of delay

subject to maximum of 10% of the contract value or as decided by Municipal

The Contractor shall complete one-sixth quantum of work within one fourth period,

four-tenth quantum of work within one-half period and eight-tenth quantum of

work within three-fourth period, failing which, the Contractor shall be liable to

pay liquidated damages an amount as specified above, or as decided by Municipal

The amount of liquidated damages shall, however, be subjected to a maximum of

10 percent of the contract value. Delay in excess of 100 days shall be a cause for

termination of the contract and forfeiture of all security for performance.

GC-21 FORFEITURE OF SECUEITY DEPOSIT :

Whenever any claim against the Contractor for the payment of a sum of money out

of or under the contract arises, the Corporation shall be entitled to recover such

sum by appropriating in part or whole, the security deposit of the Contractor. In

case the security deposit is insufficient, the balance recoverable shall be deducted

from any sum then due or which at any time thereafter may become due to the

Contractor. The Contractor shall pay to the owner on demand any balance

GC-22 ACTION OF FORFEITURE OF SECURITY DEPOSIT :

In any case in which under any Clause or Clauses of the contract, the Contractor

shall committed a breach of any of the terms contained in this contract, the

owner shall have power to adopt any of the following courses as he may deem

best suited to his interest.

a) To rescind the contract (of which recession notice in writing to the contractor

under the hand of the owner shall be conclusive evidence) in which case the

security deposit of the Contractor shall stand forfeited and be absolutely at the

disposal of the owner.

b) To employ labour and to supply materials to carry out the balance work

debiting Contractor with the cost of labour employed and the cost of materials

supplied for which a certificate of the Engineer-In-Charge shall be final and

conclusive against the Contractor and 10% of costs on above to cover all

departmental charges and crediting him with the value of work done at the

same rates as if it has been carried out by the Contractor under the terms of his

contract. The certificate of Engineer-In-Charge as to the value of the work done

shall be final and conclusive against the Contractor.

c) To measure up the work of the contractor and to take such part thereof as

shall be unexecuted out of his hand and give it to another Contractor

to complete, the same. in this case the excess expenditure incurred than

what would have been paid to the original Contractor, if the whole work had

been executed by him, shall be borne and paid by the original Contractor and

shall be deducted from any money due to him by the owner under the contract

or otherwise and for the excess expenditure, the certificate of the Engineer-In-

Charge shall be final and conclusive.

In the event any of the above courses being adopted by the owner, the

Contractor shall have no claims for compensation for any loss sustained by him by

reason of his having purchased or procured any materials or entered into any

agreements or made any advance on account of or with a view to the execution of

the work or the performance of the contract.

In purchase the Contractor shall not be entitled to recover or be paid any sum

for any work actually performed under this contract unless the Engineer-In- Charge

will certify in writing the performance of such work and the value payable in

respect thereof and he shall only be entitled to be paid the value so certified.

In the event of the owner putting in force the powers as stated in a, b, c, above

vested in him under the proceeding clause, he may, if he so desires, take

possession of all or any tools and plant, materials and stores in or upon the

works or the site thereof belonging to the Contractor, or procured by him and

intended to be used for the execution of the work or any part thereof paying or

allowing for the same in account at the contract rates to be certified by the

Engineer-In-Charge. The Engineer-In-Charge may give notice in writing to the

Contractor or his representative requiring him to remove such tools, plant,

materials or stores from the premises within the time specified in the notice and in

the event of the Contractor failing to comply with any such notice, the Engineer-In-

Charge may remove them at the Contractor's expenses or sell them by auction or

private sale on account of the Contractor and his risks in all respects without

any further notice as to the date, time or place of the sale and the certificate of

Engineer-In-Charge as to the expense of any such removal and the amount of the

proceeds and the expenses of any such sale shall be final and conclusive against

the Contractor.

GC-23 COMPENSATION FOR ALTERATION IN OR RESTRICTION IN WORK If

at any time from the commencement of the work, the owner shall for any

reasons whatsoever not require the whole work or part thereof as specified in

the e-Tender to be carried out, the Engineer-In-Charge shall give notice in

writing of the fact to the Contractor, who shall have no claim to any payment or

compensation whatsoever on account of any profit or advantage which he might

have derived from the execution of the work in full but which he did not derive in

consequence of full amount of the work not having been carried out. He also

shall not have any claim for compensation by reasons of any alterations having

been made in original specifications, drawings, designs and instructions which shall

involve any curtailment of the work as originally contemplated.

When the Contractor is a partnership firm, the prior approval in writing of the

owner shall be obtained before any change is made in the Constitution of the

firm. Where the Contractor is an individual or a Hindu Undivided Family or

business concern, such approval as aforesaid shall, likewise be obtained before

Contractor enters into an agreement with other parties where under, the

reconstituted firm would have the right to carry out the work hereby undertaken by

the Contractor. In either case, if prior approval as aforesaid is not obtained, the

contract shall be deemed to have been allotted contravention of subletting clause

hereof and the same action may be taken and the same consequence shall

ensure as provided in the subletting clause.

GC-24 IN THE EVENT OF DEATH OF THECONTRACTOR :

Without prejudice to any of the rights or remedies under the contract, if the

Contractor dies, the owner shall have the option of terminating the contract without

compensation to the Contractor.

GC-25 MEMBERS OF THE OWNER NOT INDIVIDUALLY LIABLE :

No official or employee of the owner shall in any way be personally bound or

liable for the acts or obligation of the owner under the contract, or answerable

for any default or omission in the observance or performance of any acts,

matters or things, which are herein, contained.

GC-26 OWNER NOT BOUND BY PERSONAL REPRESENTATIONS :

The Contractor shall not be entitled to any increase on the schedule of rates or any

other rights or claims whatsoever by reason of representation, promise or

guarantees given or alleged to have been given to him by any person.

GC-27 CONTRACTOR'S OFFICE AT SITE :

The Contractor shall provide and maintain an office at the site for the

accommodation of his agent and staff and such office shall remain open at all

reasonable hours to receive information, notices or other communications.

GC-28 CONTRACTOR'S SUBORDINATE STAFF AND THEIR CONDUCT :

1. The Contractor on award of the work shall name and depute a qualified Engineer

having experience of carrying out work of similar nature, whom equipment,

materials, if any, shall be issued and instructions for work given. the

Contractor shall also provide to the satisfaction of Engineer-In-Charge sufficient

and qualified staff, competent sub-agents, foreman and loading hands including

those specially qualified by previous experience to supervise the type of works

comprised in the contract in such manner as will ensure work of the best

quality and expeditious working. If, in the opinion of the Engineer-In-

Charge additional properly qualified supervision staff is considered necessary, it

shall be employed by the Contractor, without additional charge on account

thereof. The Contractor shall ensure to the satisfaction of the Engineer-In-

Charge that sub-contractors, if any, shall provide competent and efficient

supervision over the work entrusted to them.

2. If and whenever any of the Contractor's or sub-contractor's agents, sub- agents,

assistants, foreman or other employees shall, in the opinion of the Engineer-In-

Charge, be guilty of any misconduct or be incompetent or insufficiently qualified

or negligent in the performance of their duties or that in the opinion of the

owner or Engineer-In-Charge, it is undesirable for administrative or any other

reason for person or persons to be employed in the works, the Contractor if so

directed by the Engineer-In-Charge, shall at once remove such person or

persons from employment thereon. Any person or persons so removed shall

not again be re-employed in connection with the works without the written

permission of the Engineer-In-Charge. Any person, so removed from the

works shall be immediately replaced at the expense of the Contractor by a

qualified and competent substitute. Should the Contractor be required to

repatriate any person removed from the works he shall do so after approval of

Engineer-In-Charge and shall bear all costs in connection there with.

3. The Contractor shall be responsible for the proper behavior of all the staff,

foreman, workmen and others and shall exercise proper control over them

and in particular and without prejudice to the said generality, the Contractor

shall be bound to prohibit and prevent any employee from trespassing or acting

in any way detrimental or prejudicial to the interest of the community or of the

properties or occupiers of land and properties in the neighborhood and in the

event of such employees so trespassing, the Contractor shall be responsible

therefore and relieve the owner of all consequent claims, actions for damages or

injury or any other ground whatsoever. The decision of the Engineer-In-Charge

upon any matter arising under this claim shall be final.

4. If and when required by the owner, the Contractor's personnel entering upon

the owner's premises shall be properly identified by badges of a type acceptable

to the owner which must be worn at all times on owner's premises.

GC-29 TERMINATION OF SUB-CONTRACT BY OWNER : (N.A.)

If any sub-contractor engaged upon the works at the site execute any work

which in the opinion of Engineer-In-Charge is not accordance with the contract

documents, the owner may by written notice to the Contractor request him to

terminate such sub-contract and the Contractor upon the receipt of such notice

shall terminate such sub-contracts and the latter shall forthwith leave the works,

failing which, the owner shall have the right to remove such sub-contractors

No action taken by the owner under the above clause shall relieve the Contractor of

his liabilities under the contract or give rise to any right to compensation, extension

of time or otherwise.

GC-30 POWER OF ENTRY :

If the Contractor shall not commence the work in the manner previously

described in the contract documents or if he shall at any time, in the opinion of

Engineer-In-Charge –

Fail to carry out works in conformity with the contract documents, or Fail to carry

out the works in accordance with the time schedule, or Substantially suspend work

or the works for a period of seven days without authority from Engineer-In-Charge,

or Fail to carry out and execute the work to the satisfaction of the Engineer-In-

Charge, or Fail to supply sufficient or suitable construction plant, temporary

works, labour, materials or things, or Commit breach of any other provisions of

the contract on his part to be performed or observed or persists in any of the

above mentioned breaches of the contract for seven days after notice in writing

shall have been given to the Contractor by the Engineer-In-Charge requiring such

breach to be remedied, or Abandon the work, or During the continuance of the

contract becomes bankrupt, make any arrangement or compromise with his

creditors, or permit any execution to be levied or go into liquidation whether

compulsory or voluntary not being merely a voluntary liquidation for the purpose

of amalgamation or reconstruction then in any such case.

The owner shall have the power to enter upon the works and take possession

thereof and of the materials, temporary works, constructional plant and stores

therein and to revoke the Contractor's license to use the same and to complete the

works by his agents, other Contractor or workmen, to relate the same upon any

terms to such other person firm or Corporation as the owner in his absolute

discretion may think proper to employ, and for the purpose aforesaid to use or

authorize the use of any materials, temporary works, constructional plant, and

stores as aforesaid with making payments or allowance to the Contractor for the

said materials other than such as may be certified in writing by the Engineer-In-

Charge to be reasonable and without making any payment or allowance to the

Contractor for the use of said temporary works, constructional plant and stock or

being liable for loss or damage thereto. If the owner shall be reason of his

taking possession of the works or of the work being got completed by other

Contractor incurred excess expenditure be deducted from any money which may be

due for the work done by the Contractor under the contract and not paid for. Any

deficiency shall forthwith be made good and paid to the owner by the Contractor

and the owner shall have power to sell in such manner and for such price as he

may think fit all or any of the constructional plant, materials etc., consist

constructed by or belonging to and to recoup and retain the said deficiency or any

part thereof out of the proceeds of the sale.

GC-31 CONTRACTOR'S RESPONSIBILITY WITH THE OTHER CONTRACTOR

Without repugnance to any other conditions, it shall be the responsibility of the

Contractor executing the work, to work in close co-operation and co-ordination

with other Contractors or their authorized representatives and the Contractor will

put a joint scheme with the concurrence of other contractors or their authorized

representatives showing the arrangements for carrying his portion of the work to

the Engineer-In-Charge and get the approval. The Engineer-In-Charge before

approving the joint scheme will call the parties concerned and modify the

scheme if required. No claim will be entertained on account of the above. The

Contractor shall conform in all respects with the provisions of any statutory

regulations, ordinances or bylaws of any local or duly constituted authorities or

public bodies which may be applicable from time to time to works or any temporary

works. The Contractor s shall keep the owner indemnified against all penalties and

liabilities of every kind arising out of non-adherence to such statutes, ordinance,

laws, rules, regulations etc.

GC-32 OTHER AGENCIES AT SITE :

The Contractor shall have to execute the work in such place and condition where

other agencies will also be engaged for other works, such as site grading, filling

and leveling, electrical and mechanical engineering works etc. No claim shall be

entertained for works being executed in the above circumstances.

GC-33 NOTICES :

Any notice under this contract may be served on the Contractor or his duly

authorized representative at the job site or may be served by Registered Post direct

to the official address of the Contractor. Proof of issue of any such notice could be

conclusive of the Contractor having been duly informed of all contents therein.

GC-34 RIGHTS OF VARIOUS INTERESTS :

The owner reserves the right to distribute the work between more than one

Contractor. Contractor shall co-operate and afford reasonable opportunity to

other Contractor s for access to the works, for the carriage and storage of materials

and execution of their works. Whenever the work being done by department of the

owner or by other Contractor employed by the owner is contingent upon work

covered by this contract, the respective rights of the various interests shall be

determined by the Engineer-In-Charge to secure the completion of various portions

of the work in general harmony.

GC-35 PRICE ADJUSTMENTS :

Prices are firm and fix and no adjustment in price shall be allowed and no price

escalation will be allowed for the contract period or extended period, if any.

GC-36 TERMS OF PAYMENT :

The payment of bills shall be made progressively according to the rules and

practices followed by the Corporation. The progressive payment unless otherwise

provided in the contract agreement or subsequently agreed to by the parties shall

be made generally monthly on submission of a bill by the Contractor in prescribed

form of an amount according to the value of the work performed less the price of

materials supplied by owner aggregate of previous progressive payments and as

required by Clause GC-37 (Retention of Money) herein. All such progressive

payments shall be regarded as payments by way of advance against final payment.

Payment for the work done by the Contractor will be based on the measurement

at various stages of the work, in accordance with the condition at clause GC-81

(measurement of work in progress).

GC-37 RETENTION MONEY :

Pursuance to clause GC-36 (Terms of Payment) any on at money due to the

Contractor for work done, Corporation will hold as Retention money five (5) percent

of the value of work. The retention money will not normally be due for payment

until the completion of the entire work and till such period the work has been finally

accepted by the Corporation and a completion certificate issued by the Corporation

in pursuant to Clause-GC 79 (Completion Certificate).

GC-38 PAYMENTS DUE FROM THE CONTRACTOR :

All costs, damages or expenses, for which under the contract, Contractor is liable to

the Corporation, may be deducted by the Corporation from any money due or

becoming due to the Contractor under the contract or from any other contract with

the Corporation or may be recovered by action at law or otherwise from the

GC-39 CONTINGENT FEE :

i) The Contractor warrants that he has not employed a person to solicit or

secure the contract upon any agreement for a commission, percentage, and

brokerage contingent fee. Breach of this warranty shall give the

Corporation the right to cancel the contract or to take any drastic measure

as the Corporation may deem fit. The warranty does not apply to

commissions payable by the Contractor to establish commercial or selling

agent for the purpose of securing business.

ii) No officer, employer or agent of the Corporation shall be admitted to

any share or part of this contract or to any benefit that may rise there from.

GC-40 BREACH OF CONTRACT BY CONTRACTOR :

If the Contractor fails to perform the work under the contract with due diligence or

shall refuse or neglect to comply with instructions given to him in writing by the

Engineer-In-Charge in accordance with the contract, or shall contravene the

provisions of the contract, the Corporation may give notice in writing to the

Contractor to make good such failure, neglect, or contravention. Should the

Contractor fail to comply with such written notice within 14 (fourteen) days of

receipt, it shall be lawful for the Corporation, without prejudice to any other

rights the Corporation may have under the contract, to terminate the contract

for all or part of the works, forfeit the Security Deposit and make any other

arrangements it shall deem necessary to complete the work outstanding under the

contract at the time of termination and Black List / Debar / Terminate for the period

of three years from the works of RMC. In this event, the performance Bond

shall immediately become due and payable to the Corporation. The value of the

work done on the date of termination and not paid for shall be kept as deposit for

adjustment of excess expenditure incurred in getting the remaining work completed

and the Corporation shall have free use of any works which the Contractor may

have at the site at the time of termination of the contract.

GC-41 DEFAULT OF CONTRACTOR :

i) The Corporation may upon written notice of default to the Contractor terminate

the contract circumstances detailed as under :

a) If in the opinion of the Corporation, the Contractor fails to make completion of

works within the time specified in the completion schedule or within the

period for which extension has been granted by the Corporation to the

b) If in the opinion of the Corporation, the Contractor fails to comply with any of

the other provisions of this contract.

ii) In the event, the Corporation terminates the contract in whole or in part as

provided in Article GC-50 (Termination of the Contract) the Corporation reserves

the right to purchase upon such terms and in such manner as it may be deem

appropriate, plant similar to one which is not supplied by the Contractor and the

Contractor will be liable to the Corporation for any additional costs for such

similar plant and / or for liquidated damages for delay until such time as may be

required for the final completion of works.

iii) If this contract is terminated as provided in this paragraph GC-30 (Power of

Entry) (1) the Corporation in addition to any other rights provided in this

clause, may require the Contractor to transfer title and deliver to the

Any completed works

Such partially completed information and contract rights as the Contractor has

specifically produced or acquired for the performance of the contract so

iv) In the event, the Corporation does not terminate the contract as provided in the

paragraph GC-50 (Termination of Contract) the Contractor shall continue

performance of the contract, in which case, he shall be liable to the Corporation

for liquidated damages for delay until the works are completed and accepted.

GC-42 BANKRUPTCY :

If the Contractor shall become bankrupt or insolvent or has a receiving order

made against him, or compound with his creditors, or being the Corporation

commence to be wound up not being a member voluntary winding up for the

purpose of amalgamation or reconstruction, or carry on its business under a

receiver for the benefit of his creditors or any of them, the Corporation shall be at

liberty to either (a) terminate the contract forthwith by giving notice in writing to

the Contractor or to the receiver or liquidator or to any person or Organization in

whom the contract may become vested and to act in the manner provided in Article

GC-41 (Default of Contractor) as thought the last mentioned notice had been the

notice referred to in such article or (b) to give such receiver, liquidator or other

persons in whom the contract may become vested the option of carrying out

the contract subject to his providing a satisfactory guarantee for the due and

faithful, performance of the contract up to an amount to be agreed. In the event

that the Corporation terminates the contract in accordance with this article, the

performance bond shall immediately become due and payable on demand to

GC-43 OWNERSHIP :

Works hand over pursuant to the contract shall become the property of the

Corporation from whichever is the earlier of the following times, namely;

A) When the works are completed pursuant to the contract.

B) When the contractor has been paid any sum to which he may become

entitled in respect thereof pursuant to Clause GC-36 (Terms of Payment).

GC-44 DECLARATION AGAINST WAIVER :

The condemnation by the Corporation of any breach or breaches by the

Contractor or an authorized sub-contractor of any of the stipulations and conditions

contained in the contract, shall in no way prejudice or affect or be

construed as a waiver of the Corporation's rights, powers and remedies under

the contract in respect of any breach or breaches.

GC-45 LAWS GOVERNING THE CONTRACT :

This contract shall be construed according to and subject to the laws of India

and the State of Gujarat and under the jurisdiction of the Courts of Gujarat at

GC-46 OVER PAYMENT AND UNDER PAYMENT :

Whenever any claim for the payment of a sum to the Corporation arises out of or

under this contract against the Contractor, the same may be deducted by the

Corporation from any sum then due or which at any time thereafter may become

due to the Contractor under this contract and failing that under any other

contract with the Corporation (which may be available with the Corporation), or

from his retention money or he shall pay the claim on demand. The Corporation

reserves the right to carry out post payment audit and technical examinations of

the final bill including all supporting vouchers, abstracts etc. The Corporation

further reserves the right to enforce recovery of any payment when detected,

not withstanding the fact that the amount of the final bill may be included by

one of the parties as an item of dispute before an Arbitrator, appointed under

Article GC-49 (Arbitration) of this contract and notwithstanding the fact that the

amount of the final bill figures in the arbitration award. If as a result of such

audit and technical examinations any over payment is discovered in respect of any

work done by the Contractor or alleged to have been done by him under the

contract, it shall be recovered by the Corporation from the Contractor as prescribed

above. If any under payment is discovered by the Corporation, the amount due

to the Contractor under this contract, may be adjusted against any amount then

due or which may at any time thereafter become due before payment is made to

the Contractor.

GC-47 SETTLEMENT OF DISPUTES :

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

questions of fact arising under the contract shall be decided by the Engineer-In-

Charge subject to a written appeal by the Contractor to the Engineer-In-Charge and

those decisions shall be final and binding on the parties hereto. Any

disputes or differences including those considered as such by only one of the

parties arising out of or in connection with this contract shall be to the extent

possible settled amicably between the parties. If amicable settlement cannot be

reached then all disputed issues shall be settled as provided in Article GC-48

(Disputes or differences to be referred to) and Article No.GC-49 (Arbitration).

GC-48 DISPUTES OF DIFFERENCES TO BE REFERRED TO :

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

arise between the Engineer-In-Charge and the contractor upon or in relation to or

in connection with this contract either party may forthwith give to the other, notice

in writing of the existence of such question, dispute or difference as to any

decision, opinion, instruction, direction, certificate or evaluation of the Engineer-In-

GC-50 TERMINATION OF THE CONTRACT :

i) If the Contractor finds it impracticable to continue operation owing to force

majeure reasons or for any reasons beyond his control and/or the

Corporation find it impossible to continue operation, then prompt notification

in writing shall be given by the party affected to the other.

ii) If the delay or difficulties so caused cannot be expected to cease or become

unavoidable or if operations cannot be resumed within two (2) months

then either party shall have the right to terminate the contract upon ten (10)

days written notice to the other. In the event of such termination of the

contract, payment to the Contractor will be made as follows :

a) The Contractor shall be paid for all works approved by the Engineer-In-

Charge and for any other legitimate expenses due to him.

b) If the Corporation terminates the contract owing to Force Majeure or due

to any cause beyond its control, the Contractor shall additionally be paid for

any work done during the said two (2) months period including any financial

commitment made for the proper performance of the contract and which are

not reasonably defrayed by payments under (a) above.

c) The Corporation shall also release all bonds and guarantees at its disposal

except in cases where the total amount of payment made to the Contractor

except in cases where the total amount of payment made to the Contractor

exceeds the final amount due to him in which case the Contractor shall

refund the excess amount within thirty (30) days after the termination and

the Corporation thereafter shall release all bonds and guarantees. Should

the Contractor fail to refund the amounts received in excess within the said

period such amounts shall be deducted from the bonds or guarantees

iii) On termination of the contract for any cause the Contractor shall see the

orderly suspension and termination of operations, with due consideration to

the interests of the Corporation with respect to completion safeguarding of

storing materials procured for the performance of the contract and the

salvage and resale thereof.

GC-51 SPECIAL RISKS:

If during the contract, there shall be an outbreak of war (whether war is

declared or not), major epidemic, earthquake or similar occurrence in any part of

the world beyond the control of either party to the contract which financially or

otherwise materially affects the execution of the contract, the Contractor shall

unless and until, the contract is terminated under the provisions of this article

use his best endeavors to complete the execution of the contract, provided

always that the Corporation shall be entitled at any item after the onset of such

special risks, to terminate the contract by giving written notice to the contractor

and upon such notice being given this contract shall terminate but without

prejudice to the rights of either party in respect of any antecedent breach

The Contractor shall not be liable for payment of compensation for delay or for

failure to perform the contract for reasons of Force Majeure such as acts of

public enemy, acts of Government, fires, floods, cyclones, epidemics, quarantine

restrictions, lockouts, strikes, freight embargoes and provided that the

Contractor shall within 10 (ten) days from the beginning of such delay notify the

Engineer-In-Charge in writing, of the cause of delay, the Corporation shall verify

the facts and grant such extension as the facts justify.

GC-52 CHANGE IN CONSTITUTION :

Where the Contractor is a partnership firm, the prior approval in writing of the

owner shall be obtained before any change is made in the constitution of the

firm. Where the Contractor is an individual or undivided family business concern

such approval as aforesaid shall likewise be obtained before the Contractor

enters into any partnership agreement where under the partnership firm would

have the right to carry out the works hereby undertaken by the Contractor. If prior

approval as aforesaid is not obtained, the contract shall be deemed to have been

assigned in contravention of contract.

GC-53 SUB-CONTRACTUAL RELATIONS (N.A.)

All works performed for the contract by a sub-contractor shall be pursuant to an

appropriate agreement between the Contractor and the sub-contractor, which shall

contain provision to –

a) Protect and preserve the rights of the Corporation and the Engineer-In-Charge

with respect to the works to be performed under the sub-contracting party will

not prejudice such rights.

b) Require that such work be performed in accordance with the requirements of

contract documents.

c) Require under such contract to which the contractor is a party, the submission to

the Contractor of application for payment and claims for additional costs,

extension of time, damages for delay or otherwise with respect to the sub-

contracted portions of the work in sufficient time, that the Contractor may apply

for payment comply in accordance with the contract documents for like claims by

the Contractor upon the Corporation.

d) Waive all rights the contracting parties may have against one another for

damages caused by fire or other perils covered by the property insurance except

such rights as they may have to the proceeds of such insurance held by the

Corporation as trustee and,

e) Obligate each sub-contractor specifically to consent to the provisions of this

GC-54 PATENTS AND ROYALTIES :

1. Contractor, if licensed under any patent covering equipment, machinery,

materials or composition of matter to be used or supplied or methods

and process to be practiced or employed in the performance of this contract

agrees to pay all royalties and license fees, which may be due with respect

thereto. If any equipment, machinery, materials, composition matters, to

be used or supplied or methods practiced or employed in the performance of

this contract, is covered by a patent under which Contractor is not

licensed, then the Contractor before supplying / using the equipment,

machinery, materials, compositions, methods of process shall obtain such

license and pay such royalties and license fees as may be necessary for

performance of this contract. In the event Contractor fails to pay such royalty

or to obtain any such license, any suit for infringement of such patents which is

brought against the Contractor or the owner as a result of such failure will be

defended by the Contractor at his own expenses and the Contractor will pay any

damages and costs awarded in such suit. The Contractor shall promptly notify

the owner if the Contractor has acquired knowledge of any plant under which a

suit for infringement could be reasonably brought because of the use by the

owner of any equipment machinery, materials, process methods to be supplied

in hereunder. Contractor agrees to and does hereby grant to owner together

with the right to extend the same to any of the subsidiaries of the owner an

irrevocable royalty fee license to use in any Country, any invention made by the

Contractor or his employees in or as a result of the performance of work under

2. With respect to any sub-contract entered into by Contractor pursuant to the

provisions of the relevant clause hereof, the Contractor shall obtain from the

sub-contractor an understanding to provide the owner with the same patent

protection that contracts is required to provide under the provisions of

3. The Contractor shall indemnify and save harmless the owner from any loss on

account of claims against owner for the contributory infringement of

patent rights arising out of and based upon the claim that the use by the

Corporation of the process included in the design prepared by the Contractor

and used in the operation of the plant infringes on any patent rights.

If, at any time, there should be evidence of any lien or claim for which owner might

have become liable and which is chargeable to the Contractor, the owner shall have

the right to retain out of any payment then due or thereafter to become due an

amount sufficient to completely indemnify the owner against such lien or claim

or if such lien or claim be valid the owner may pay and discharge the same and

deduct the amount as paid from any money which may be due or become due and

payable to the Contractor. If any lien or claims remaining unsettled after all

payments are made, the Contractor shall refund or pay to the owner all money

that the latter may be compelled to pay in discharging such lien or claim

including all costs and reasonable expenses.

GC-56 EXECUTION OF WORK :

The whole work shall be carried out in strict conformity with the provisions of the

contract document, detailed drawings, specifications and the instructions of the

Engineer-In-Charge from time to time. The Contractor shall ensure that the

whole work is executed in the most substantial, and proper manner with best

workmanship using materials of best quality in strict accordance with the

specifications to the entire satisfaction of the Engineer-In-Charge.

GC-57 WORK IN MONSOON :

When the work continues in monsoon if required, the Contractor shall maintain

minimum labour force required for the work and plan and execute the construction

and erection work according to the prescribed schedule. No extra rate will be

considered for such work in monsoon. During monsoon and entire construction

period, the Contractor shall keep the site free from water at his own cost.

However, monsoon period from 1st July to 30th September will be excluded

from time limit.

GC-58 WORK ON SUNDAYS AND HOLIDAYS :

No work except curing shall be carried out on Sunday and holidays. However, if

the exigencies of the work need continuation of work on Sundays and Holidays,

written permission of the Engineer-In-Charge shall be obtained in advance.

GC-59 GENERAL CONDITIONS FOR CONSTRUCTION WORK :

Working hours shall be eight every day. The over time work in two shifts could be

carried out with the written permission of the Engineer-In-Charge but no

compensation shall be paid for the same. The rate quoted shall include this.

The Contractor shall plan his work in such a way that his labourers do not

remain idle. The owner will not be responsible for idle labour of the Contractor. The

Contractor shall submit to the owner progress report every week. The details

and proforma of the report will be as per mutual agreement.

GC-60 DRAWINGS TO BE SUPPLIED BY THE OWNER : (N.A.)

The drawings attached with the e-Tender documents shall be for general

guidance of the Contractor to enable him to visualize the type of work contemplated

and scope of work involved. Detail working drawings according to which the work

is to be done shall be prepared by the Contractor for executing the work.

GC-61 DRAWINGS TO BE SUPPLIED BY THE CONTRACTOR:

Where drawings, data are to be furnished by the Contractor they shall be as

enumerated in special conditions of contract and shall be furnished within the

specified time. Where approval of drawings has been specified it shall be

Contractor's responsibility to have these drawings got approved before any work is

taken up with regard to the same. Any changes becoming necessary in those

drawings during the execution of the work shall have to be carried out by the

Contractor at no extra cost. All final drawings shall bear the certification stamp as

indicated below duly signed by both the Contractor and Engineer-In-Charge.

Certified true for… ................................................................ Project Agreement

Contractor Engineer-In-Charge

Drawings will be approved within three (3 weeks of the receipt of the same by the

Engineer-In-Charge.

GC-62 SETTING OUT WORK :

The Contractor shall set out the work on the site handed over by the Engineer- In-

Charge and shall be responsible for the correctness of the same. The work shall

be carried out to the entire satisfaction of Engineer-In-Charge. The

approval thereof or partaking by Engineer-In-Charge or setting out work shall

not relieve Contractor of any of his responsibilities. The Contractor shall provide at

his own cost all necessary level posts, pegs, bamboos, flags, ranging rods, strings

and other materials and labourers required for proper setting out of the work. The

Contractor shall provide fix and be responsible for the maintenance of all stakes,

templates, level markets, profiles and similar other things and shall take all

necessary precautions to prevent their removal or disturbance and shall be

responsible for the consequences for such removal or disturbance. The Contractor

shall also be responsible for the maintenance of all existing survey marks,

boundary marks, and distance marks and centerline marks either existing or

face lines and cross lines shall be marked by small masonry pillars. Each pillar shall

have distance mark at the center for setting up the theodolite. The work shall not

be started unless the setting out is choked and approved by Engineer-In-Charge in

writing but such approval shall not relieve the Contractor of his responsibilities

about the correctness of setting out. The Contractor shall provide all materials,

labour and other facilities necessary for checking at his own cost. Pillars

bearing geodetic marks on site shall be protected by the Contractor. On completion

of the work, the Contractor shall submit the geodetic documents according to which

the work has been carried out.

GC-63 RESPONSIBILITIES OF CONTRACTOR FOR CORRECTNESS OF THE

The Contractor shall be entirely and exclusively responsible for the correctness of

every part of the work and shall rectify completely any errors therein at his own

cost when so instructed by Engineer-In-Charge. If any error has crept in

the work due to non-observance of this clause, the Contractor will be responsible

for the error and bear the cost of corrective work.

1. Materials to be supplied by the Contractor:

Contractor shall procure and provide all the material required for the execution

and maintenance of work including M S rods; all tools, tackles, construction

plant and equipment except, the materials to be supplied by the owner detailed

in the contract documents. Owner, shall make recommendations for

procurement of materials to the respective authorities if desired by the

Contractor but assumes no responsibility of any nature. Owner shall insist for

procurement of materials with ISI marks supplied by reputed firms of the DGS &

2. If however, the Engineer-In-Charge feels that the work is likely to be delayed

due to Contractor's inability to procure materials, the Engineer-In-Charge shall

have the right to procure materials, from the market and the Contractor will

accept these materials at the rates decided by Engineer-In-Charge.

GC-64 MATERIALS TO BE SUPPLIED BY THE OWNER :

1. If the contract provided certain materials or stores to be supplied by the

owner, such materials and stores transported by the Contractor at his cost

from owner's stores or Railway Station. The cost from Contractor for the

value of materials supplied by the owner will be recovered from the R.A.Bill on

the basis of actual consumption of materials in the work covered and for which R

A Bill has been prepared. After completion of the work, the Contractor has to

account for the full quantity of materials supplied to him.

2. The value of store materials supplied by owner to the Contractor shall be

charged at rates shown in the contract document and in case any other material

not listed in the schedule of materials is supplied by the owner, the same

shall be charged at cost price including carting and other expenses incurred in

procuring the same. All materials so supplied shall remain the property of

the owner and shall not be removed from the site on any account. Any

material remaining unused at the time of completion of work or termination of

contracts shall be returned to owner's store or any other place as

directed by the Engineer-In-Charge in perfectly good condition at Contractor's

cost. When materials are supplied free of cost for use in work and surplus and

unaccounted balance thereof are not returned to the owner, recovery in respect

of such balance will be effected at double the applicable issue rate of the

material or the market rates whichever is higher.

GC-65 CONDITIONS OF ISSUE OF MATERIALS BY THE OWNER: (N.A.)

The materials specified to be issued by the owner to the Contractor shall be

issued by the owner at his store and all expenses for it carting site shall be

borne by the Contractor will be issued during working hours and as per rules of

owner from time to time.

Contractor shall bear all expenses for storage and safe custody at site of

materials issued to him before use in work.

Material shall be issued by the owner in standard / non-standard sizes as

obtained from manufacturer.

Contractor shall construct suitable godowns at site for storing the materials to

protect the same from damage due to rain, dampness, fire, theft etc.

The Contractor should take the delivery of the materials issued by the owner

after satisfying himself that they are in good condition. Once the materials are

issued, it will be the responsibility of the Contractor to keep them in good condition

and in safe custody. If the materials get damaged or if they are stolen, it

shall be the responsibility of the Contractor to replace them at his cost according to

the instructions of the Engineer-In-Charge.

For delay in supply or for non-supply of materials to be supplied by the owner, on

account of natural calamities, act of enemies, other difficulties beyond the

control of the owner, the owner carries no responsibilities. In no case the

Contractor shall be entitled to claim any compensation for loss suffered by him on

None of the materials issued to the contractor, shall be used by the Contractor

for manufacturing items which can be obtained from the manufacturer's. The

materials issued by the owner shall be used for the work only and no other

Contractor shall be required to execute indemnity bond in the prescribed form

for the safe custody and account of materials issued by the owner.

Contractor shall furnish sufficiently in advance a statement of his requirements of

quantities of materials to be supplied by the owner and the time when the same will

be required for the work, so as to enable Engineer-In-Charge to make

arrangements to procure and supply the materials.

A daily account of materials issued by the owner shall be maintained by the

contractor showing receipt, consumption and balance on hand in the form laid down

by Engineer-In-Charge with all connected paper and shall be always available for

inspection in the site office.

Contractor shall see that only the required quantities of materials are got issued

and no more. The Contractor shall be responsible to return the surplus materials at

owner's store at his own cost.

GC-66 MATERIALS PROCURED WITH ASSISTANCE OF THE OWNER :

Notwithstanding anything contained to the contrary in any of the clauses of this

contract, where any materials for the execution of the contract are procured with

the assistance of the owner either by issue from owner's stock or purchase made

under orders or permits or licenses issued materials as trustees for owner, and

use such materials not disposed them off without the permission of owner and

unserviceable materials that may be left with him after completion of the

contract or at its termination for any reason whatsoever on his being paid or

credited such price as Engineer-In-Charge shall determine having due regard to

the conditions of the materials. The price allowed to Contractor shall not exceed

the amount charged to him excluding the storage of breach of the aforesaid

condition, the Contractor shall in terms of license or permits and/or for criminal

breach of trust be liable to compensate owner at double the rate or any higher

rates. In the event of these materials at that time having higher rate or not

being available in the market then any other rate to be determined by the

Engineer-In-Charge at his decision shall be final and conclusive.

GC-67 MATERIALS OBTAINED FROM DISMANTLING :

If the Contractor, in the course of execution of work, is called upon to dismantle

any part of work for reasons other than on account of bad or imperfect work, the

materials obtained from dismantling will be property of the owner and will be

disposed off as per instructions of Engineer-In-Charge in the best interest of the

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

All gold, silver and other minerals of any description and all precious stones, coins,

treasures, relics, antiques and other similar things which shall be found in, under or

upon site shall be the property of the owner and the Contractor shall properly

preserve the same to the satisfaction of the Engineer-In-Charge and shall hand

over the same to the owner.

GC-69 DISCREPANCIES BETWEEN INSTRUCTIONS:

If there is any discrepancy between various stipulations of the contract

documents or instructions to the Contractor or his authorized representative or if

any doubt arises as to the meaning of such stipulation or instructions, the

Contractor shall immediately refer in writing to the Engineer-In-Charge whose

decision shall be final and conclusive and no claim for losses caused by such

descripancy shall in any event be admissible.

GC-70 ALTERATIONS IN SPECIFICATIONS & DESIGNS & EXTRA WORK :

The Architect / Engineer-In-Charge shall have power to make any alterations in,

omission from, addition to substitution for, the schedule of rates, the original

specifications, drawings, designs and instructions that may appear to him to be

necessary or advisable during the progress of work and the Contractor shall be

bound to carry out such altered / extra / new items of work in accordance with any

instructions which may be given to him in writing signed by Engineer-In- Charge

and such alteration omissions, additions or substitutions, shall not invalidate

contract and any altered, additional or substituted work shall be carried out

by the Contractor on the same conditions of contract. The time of completion

may be extended by Architect as may be considered just and reasonable by him.

The rates for such additional, altered or substitute work shall be worked out as

a) If the rates for additional, altered or substitutes work are specified in the

contract for work, the Contractor is bound to carry out such work at the same

rates as specified in the contract.

b) If the rates for additional, altered or substituted work are not specifically

provided in the contract for the work, the rates will be derived from the rates of

similar items of work in the contract work. The opinion of Engineer-In-Charge

as to whether the rates can be reasonably so derived the items of contract will

be final and binding to the Contractors.

c) If the rates of altered, additional or substitute work cannot be determined as

specified in (a) or (b) above, the rate shall be paid as per S.O.R. of RMC and if

not available in RMC SOR then it will be paid according to the SOR of R&B /

GWSSB. In such case, if contractor's premium quoted in the tender is below, the

rate will be paid as per the premium quoted whereas if the premium quoted

in the tender is above then it will paid as per the rates of S.O.R. of Rajkot

Municipal Corporation and if not available in RMC SOR then it will be paid

according to the SOR of R&B / GWSSB.

d) If the rates of altered, additional or substitute work cannot be determined as

specified in (a) or (b) or (c) above, the Contractor shall within seven days of the

receipt of order to carry out the work inform the Architect / Engineer-In-Charge

of the rate which he intends to charge for such work supported by rate analysis

and the Architect / Engineer-In-Charge will determine the rate on the basis of

prevailing market rates of materials, labour cost at schedule of labour plus

15% there on as Contractor's supervision overheads and profit. The opinion of

Architect / Engineer-In-Charge as to the market rates of materials and the

quantity of labour involved per unit of measurement will be final and binding on

But under no circumstances, the Contractor suspends work or the plea of non

settlement of items falling under this clause.

GC-71 ACTION WHEN NO SPECIFICAITONS ARE ISSUED :

In case of any class of work for which no specifications is supplied by the owner in

the e-Tender documents, such work shall be carried out in accordance with

relevant latest ISS and if ISS do not cover the same, the work shall be carried

out as per General Technical Specification for building work; and if not covered in

then it is to be with standard Engineering Practice subject to the approval of

Engineer-In-Charge.

GC-72 ABNORMAL RATES :

Contractor is expected to quote rate for each item after careful analysis of cost

involved for the performance of the completed item considering all specifications

and conditions of contract.

GC-73 ASSISTANCE TO ENGINEER-IN-CHARGE:

Contractor shall make available to Engineer-In-Charge free of cost all necessary

instruments and assistance in checking of any work made by the Contractor setting

out for taking measurement of work etc.

GC-74 TESTS FOR QUALITY OF WORK :

1. All workmanship shall be of the best kind described in the contract documents

and in accordance with the instructions of Engineer-In-Charge and shall be

subjected from time to time to such tests at Contractor's cost as the

Engineer- In-Charge may direct at the place of manufacture of fabrication or on

the site or at any such place. Contractor shall provide assistance, instruments,

labour and materials as are normally required for examining, measuring and

testing of any work of workmanship as may be selected and required by

Engineer-In-Charge.

2. All tests necessary in connection with the execution of work as decided by

Engineer-In-Charge shall be carried out at an approved laboratory

at Contractor's cost.

3. Contractor shall furnish the Engineer-In-Charge for approval when requested

or if required by the specification, adequate samples of all materials and finished

goods to be used in work sufficiently in advance to permit tests and examination

thereof. All materials furnished and finished goods applied in work shall

be exactly as per the approved samples.

GC-75 ACTION AND COMPENSATION IN CASE OF BAD WORKMANSHIP :

If it shall appear to the Engineer-In-Charge that any work has been executed

with materials of inferior description, or quality or are unsound or with unsound,

imperfect or unskilled workmanship or otherwise not in accordance with the

contract, the Contractor shall, on demand in writing from Engineer-In-Charge or his

authorized representative specifying the work, materials or articles

complained of, notwithstanding that the same may have been inadvertently

passed, certified and paid for, forthwith rectify or remove and reconstruct the

work, so specified. In the event of failure to do so within a period to be specified by

the Engineer-In-Charge in his aforesaid demand, Contractor shall be liable to pay

compensation at the rate of half a percent of the estimated cost of work for every

work limited to a maximum of ten (10%) percent of the value of work while his

failure to do so continues and in the case of any such failure, the Engineer-In-

Charge may on expiry of the notice period rectify and remove and re-execute the

work or remove and replace with others at the risk and cost of the Contractor.

The decision of the Engineer-In-Charge as to any question arising under this

clause shall be final and conclusive.

GC-76 SUSPENSION WORK:

Contractor shall, if ordered in writing by Engineer-In-Charge or his representative

temporarily suspended the work or any part thereof for such time (not exceeding

one month) as ordered and shall not after receiving such written notice proceed

with the work until he shall have received a written order to proceed

therewith. The Contractor shall not be entitled to claim compensation for any

loss or damage sustained by him by reason of temporary suspension of work as

aforesaid. An extension of time for completion of work will be granted to the

Contractor corresponding to the delay caused by such suspension of work if he

applies for the same provided the suspension was not consequent upon any default

or failure on the part of the Contractor.

GC-77 OWNER MAY DO PART OF THE WORK :

When the Contractor fails to comply with any instructions given in accordance with

the provisions of this contract, the owner has the right to carry out such parts

of work as the owner may designate whether by purchasing materials and

engaging labour or by the agency of another Contractor. In such case the owner

shall deduct from the amount which otherwise might become due to Contractor,

the cost of such work and materials with then (10) percent added to cover all

departmental charges and should the total amount thereof exceed the amount due

departmental charges and should the total amount thereof exceed the amount due

to contract, Contractor shall pay the difference to owner.

GC-78 POSSESSION PRIOR TO COMPLETION :

The Engineer-In-Charge shall have the right to take possession of or to use any

completed or partly completed work or part of work. Such possession or use

shall not be deemed to be an acceptance of any work completed in accordance

with the contact. If such prior possession or use by Engineer-In-Charge delays the

process of work, equitable adjustment in the time of completion will be made and

the contract shall be deemed to be modified accordingly.

GC-79 COMPLETION CERTIFICATE :

As soon as the work has been completed in accordance with contact (except in

minor respects that do not effect their use for the purpose for which they are

intended and except for maintenance thereof) as per General Conditions of

Contract the Engineer-In-Charge shall issue a certificate (hereinafter called

completion certificate) in which shall certify the date on which work has been

completed and has passed the said tests and owner shall be deemed to have

taken over work on the date so certified. If work has been divided in various

groups in contract, owner shall be entitled to take over any group or groups before

the other or others and there upon the Engineer-In-Charge will issue a completion

certificate, which will, however, be for such group or groups so taken over.

In order that Contractor could get a completion certificate, he shall make good will

all speed any defect arising from the defective materials supplied by Contractor of

workmanship or any act or omission of Contractor that may have been discovered

or developed after the work or groups of works has been taken over. The period

allowed for carrying out such work will be normally, one month. If any defect

be not remedied within the time specified, owner may proceed to do work at

Contractor's (Agency, or Firm) risk and expenses and deduct from the final bill

such amount as may be decided by owner. If by reason of any default on the

part of the Contractor, a completion certificate has not been issued in respect of

every portion of work within one month after the date fixed by contract for

completion of work, owner shall be at liberty to use work or any portion thereof in

respect of which a completion certificate has been issued, provided that work or

the portion thereof so used as aforesaid shall be afforded reasonable opportunity

for completion of that work or the portion thereof so used as aforesaid shall be

afforded reasonable opportunity for completion of that work for the issue of

completion certificate.

GC-80 SCHEDULE OF RATES :

1. The rates quoted by the Contractor shall remain firm till the completion of the

work and shall not be subject to escalation. Schedule of rates shall be

deemed to include and cover all costs, expenses and liabilities of every

description and risks or every kind to be taken in executing, completing and

handing over the work to owner by Contractor. The contractor shall be

deemed to have known the nature, scope, magnitude and the extent of

work and materials required though contract documents may not fully and

precisely furnish them. He shall make such provision in the Schedule of Rates

as he may consider necessary to cover the cost of such items of work and

materials as may be reasonable and necessary to complete the work. The

opinion of Engineer-In-Charge as to the item of work which are necessary

and reasonable for completion of the work shall be final and binding on

Contractor although the same may be not shown on drawings or described

specifically in contract documents.

2. The Schedule of Rates shall be deemed to include and cover the cost of all

constructional plant, temporary work, materials, labour and all other matters in

connection with each item in Schedule of Rates and the execution of work or

any portion thereof finished complete in every respect and maintained as shown

or described in the contract document or as may be ordered in writing during

the continuance of the contract.

3. The Schedule of Rates shall be deemed to include and cover the cost of all

royalties and fees for the articles and processes, protected by letters patent or

otherwise incorporated in or used in connection with work, also all royalties,

rents and other payments in connection with obtaining material of whatsoever

kind for work and shall include an indemnity to owner which Contractor hereby

gives against all action, proceedings, claims, damages, costs and

expenses arising from the incorporation in or use on the works of any such

articles, processes or materials. Other Municipal or local Board charges if levied

on material, equipment or machineries to be brought to site for use on work

shall be borne by the Contractor.

4. No exemption or reduction of custom duties, excise duties, sales tax or any

other taxes or charges of the Central or State Government or of any Local Body

whatsoever will be granted or obtained and all such expenses shall be deemed

to have been included in and covered by Schedule of Rates. Contractor shall

also obtain and pay for all permits or other privileges necessary to

complete the work.

5. The Schedule of Rates shall be deemed to include and cover risk on account of

delay and interference with Contractor's conduct of work which may occur from

any cause including orders of owner in the exercise of his powers and on account

of extension of time granted due to various reasons.

6. For work under unit rate basis, no alteration will be allowed in the Schedule of

Rates by reasons of work or any part of them being modified, altered, extended,

diminished or omitted.

GC-81 PROCEDURE FOR MEASUREMENT OF WORK IN PROGRESS:

1. All measurements shall be in metric system. All the work in progress will be

jointly measured by the representative of Engineer-In-Charge and Contractor's

authorized agent. Such measurements will be got recorded in the Measurement

Book by the Engineer-In-Charge or his authorized representative and signed by

the Contractor or his authorized agent in token of acceptance. If the Contractor

or his authorized agent fails to be present whenever required by the

Engineer- In-Charge for taking measures for every reasons whatsoever, the