CONSTRUCTION OF TOILET BLOCK AT TALUKA SCHOOL SADAR MOTI TANKI CHOWK RMC WARD NO. 07 FOR RAJKOT MUNICIPAL CORPORATION RETENDER

5. Opening of Technical Bid Dt. 03-10-26 at 11.00 Hrs. onwards

6. Verification of submitted documents Dt. 03-10-26 at 11.00 Hrs. onwards

(EMD, e - Tender fee, etc.)

7. Agency to remain present with original Dt. 05-10-26 between 16.00 to

documents for verification Hrs.

8. Opening of Price Bid (For Technically Dt. 07-10-26 at 11.00 Hrs. onwards

qualified bidders only)

9. Bid Validity 120 Days

ADDL. CITY ENGINEER

RAJKOT MUNICIPAL CORPORATION

DR. AMBEDKAR BHAWAN CENTRAL ZONE,

DHEBARBHAI ROAD,

RAJKOT - 360 001 (GUJARAT)

RAJKOT MUNICIPAL CORPORATION

BID DOCUMENT FOR

CONSTRUCTION OF TOILET BLOCK AT TALUKA SCHOOL SADAR MOTI TANKI

CHOWK RMC WARD NO. 07 FOR RAJKOT MUNICIPAL CORPORATION, RAJKOT

Section-1 Invitation to Bid, Instructions to Bidders and Formats.

Section-2 General Conditions of Contract

Section-3 Technical Specifications

Bill of Quantities (With Price)

Statement showing the details of abbreviations

Full Form Abbreviation

ADDL. CITY ENGINEER ACE

Operation and Maintenance O&M

Net Present Value NPV

Engineering Procurement and Construction EPC

Paschim Gujarat Vij Co. Ltd. PGVCL

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 Freight CIF

Free On Board FOB

INVITATION FOR BIDS

RAJKOT MUNICIPAL CORPORATION

e-TENDER NOTICE

The e-Tenders are invited with two bid system by e-Tendering from the experienced

contractors registered in R&B/ GWSSB / State Government / Central Government /

Semi Government in appropriate class for below mentioned work:

Sr. Name of work a) Estimated cost in Rs.

c) E-TENDER fee

d) Time limit for completion of

1 CONSTRUCTION OF TOILET BLOCK AT a1) Rs. 18,13,400.00/- With GST

TALUKA SCHOOL SADAR MOTI TANKI a2) Rs. 15,36,800.00/- Without

CHOWK RMC WARD NO. 07 FOR GST

RAJKOT MUNICIPAL CORPORATION, b) Rs. 15,368.00/-

RAJKOT (RE-TENDER).

e-TENDER No. RMC/ENGG/CZ/26-

27/MRPLRMC-30/7

Milestone dates for e-tendering are as under

1. Downloading of e-documents Dt. 10-09-26 To Dt. 25-09-26 up to

2. Pre-bid meeting in the Engineer at Dt. 17-09-26 at 11:00 Hrs.

3. Last date for online submission of e- Dt. 25-09-26 up to 18.00 Hrs.

4. Submission of EMD, Tender fee and other Dt. 01-10-26 up to 18.00 Hrs.

documents for verification by Regd.

Post. A.D. / Speed Post

5. Opening of Technical Bid Dt. 03-10-26 at 11.00 Hrs. onwards

6. Verification of submitted documents Dt. 03-10-26 at 11.00 Hrs. onwards

(EMD, e-Tender fee, etc.)

7. Agency to remain present with original Dt. 05-10-26 between 16.00 to

documents for verification Hrs.

8. Opening of Price Bid (For Technically Dt. 07-10-26 at 11.00 Hrs. onwards

qualified bidders only)

9. Bid Validity 120 Days

1. 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.

2. All bidders will 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 in favour of "Rajkot Municipal Corporation", Rajkot, from any Nationalized

Bank or Scheduled Bank (except Co-operative Bank) in India. Bank Guarantee is

applicable only for Bid Estimated Amount of Rs. 1.00 Crore and above.

3. Submission of required documents shall have to be done at the below mentioned

Office of the ADDL. CITY ENGINEER,

Rajkot Municipal Corporation,

DR. AMBEDKAR BHAWAN,

CENTRAL ZONE Office,

DHEBARBHAI ROAD,

Rajkot - 360 001 (Gujarat)

4. The prequalification requirement is as under:

i. Financial Criteria:

a) The Bidder must have achieved a minimum annual turnover (defined as

billing work in progress and completed in all classes of civil engineering

construction works only) in anyone year over the last seven financial

years of the annual value of contracts value.

b) The Bidder should give undertaking that he has access to or has

available, liquid assets (Aggregate of Working capital, cash in hand &

uncommitted bank guarantees) and / or credit facility equal to 25% of

the value of the contract / contracts applied.

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

Available bid capacity (ABC) = (Ax N x 2)–B, where,

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

d) Bidder must have minimum “E1” Class registration.

e) Working Capital Required

The applicant should give undertaking.

ii. Experience Criteria:

The bidder should possess following minimum experience:

1) Bidder should have completed OR substantially completed at least one

contract of similar nature of at least 40% of tender amount either in

Government or Semi- Government or Government Autonomous Body as

a main contractor in period of last seven years.

2) The works may have been executed by the applicant as prime contractor

or as a member of a joint venture. In case a project has been executed

by a joint venture weight towards experience of the project would be

given to each joint venture in proportion of their final participation in the

3) Substantially completed works means those works which are at

least 90% completed as on the date of submission (i.e. Gross value of

work done up to the last date of submission is 90% or more of the

original contract price) and continuing satisfactorily.

For these, a certificate f rom the employers s h a l l be submitted along

with the application incorporating clearly the name of the work,

contract value, billing amount, date of commencement of works

satisfactory performance of the contract & any other relevant

NOTE: For O&M financial criteria will be calculated on Tender amount

4) Bidder should have enough machinery and experienced personnel to

supervise the work.

Note on pre-qualification requirement:

1. Enhancement factor at 10 % per year will be applicable to arrive at

average annual turnover and finalize the magnitude of work done in

last seven years.

Sr Year Enhance factor

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.

15,36,800.00/- will be considered.

5) Bidder has to quote their rates without GST. 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 execution.

6) The contractor shall have to purchase the material required for this tender

work, only from the supplier having registered GST Number. RMC will not

be responsible to pay any amount towards GST if the material is

purchased from the unregistered supplier / not having GST Number.

7) 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.

8) The Tender of those bidder(s) those who fails to produce the required

documents physically within the stipulated date and time, will be treated

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

9) 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 rightly.

10) 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.

11) Joint Venture is not permitted for this tender.

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.

15) The Contractor shall be fully responsible for carrying out the complete

structural design of the project at their own cost. No separate payment

shall be made by the Employer towards structural design, any related

services. All such costs shall be deemed to be included in the Contractor’s

quoted rates and prices.

ADDL. CITY ENGINEER

Rajkot Municipal Corporation

CHECK LIST 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 and EMD √ √

2 Agency Registration Certificate √ --

3 GST Registration √ --

4 PAN Card √ --

5 PF Registration √ --

6 ESIC Registration √ --

7 Labour License & CESS Registration (As Per Prevailing --

8 Profession Tax (PEC and PRC) √ --

9 Non-Blacklist Declaration on Rs.300 √ --

10 Turnover Certificate from CA √ --

11 Work Experience Certificates √ --

12 Working Capital Certificate from C.A. Or √ --

13 Available Bid Capacity Certificate with √ --

Sign and Stamp of CA (For Work More

Than Rs. 1 Cr.)

14 Other documents, if any √ --

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 documents.

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

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

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

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

ADDL.CITY ENGINEER

Rajkot Municipal Corporation

Signature of contractor with seal

Check List for submission of Documents Tab

Tender Fee submitted as per Tender Yes / No

Tender Earnest Money Deposit submitted as per Tender Yes / No

Registration documents submitted as per tender requirement Yes / No

Financial Details:

Turnover details submitted as per requirement Yes / No

Working Capital as per requirement of tender is submitted Yes / No

Valid Bank Solvency submitted Yes / No

Validity of Bank Solvency Date:

Experience Details:

Details of Technical Staff and details of machineries submitted Yes / No

Address proof submitted Yes / No

Identity proof submitted Yes / No

Fresh Declaration on Non-Judicial Stamp Paper regarding not black Yes / No

listed or Terminated or Debarred, is

Professional Tax Receipt of current 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 BIDDERS

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 rejection.

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-

C. Joint venture: N.A.

i) For the work mentioned above Joint Venture shall be allowed with

maximum number of partners two, however all the fees, guarantee

amount etc. will be in the name of lead partner.

ii) In Joint Venture, the lead partner as well as any other partner

should have experience of similar nature of work, minimum 15 % of

the estimated cost.

In case of Joint venture, the tender evaluation will be as under:

The finance of each partner will be considered proportionate to their share in

the Joint venture agreement.

The experienced of each partner will be added in the tender evaluation.

Bids submitted by a joint venture of two firms as partners shall comply with the

following requirements.

i) Tender fee, Earnest Money Deposit, Security Deposit and other financial

details will be in the name of the lead partner.

ii) All the partners shall have to enter into the Joint venture agreement and

original agreement duly notarized shall have to be submitted along with

tender documents.

iii) The bid, and in case of a successful bid, the Form of Contract Agreement,

shall be signed so as to be legally binding on all partners.

iv) One of the partners shall be authorized to be in charge, and his

authorization shall be evidenced by submitting a power of attorney by

legally authorized signatories of all the partners.

v) The partner in charge shall be authorized to incur liabilities, receive

payments and receive instructions for and on behalf of any or all partners

of the joint venture and the entire execution of the Contract.

vi) All partners of the joint venture shall be jointly and severally liable for

the execution of the Contract in accordance with the Contract terms and

relevant statement to this effect shall be included in the authorization

mentioned under (iv) above as well as in the Bid Form and the Form of

Contract Agreement (in case of successful bid); and Permissible Joint

venture partners shall be restricted to two numbers.

vii) Permissible Joint venture partners shall be restricted to two numbers.

The owner or the Engineer-in-charge is not obliged to disclose his findings or his

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

notice. The bid for those bidders 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 investigation.

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

his price on % bases above or below in the schedule -B / Price

Schedule. 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.

D. e-TENDER Document:

1. Notice inviting Bidders.

2. Instructions to the Bidder.

5. General conditions of contract

Technical specifications

1. Bid Form (With Price)

General Specifications

1. General note & site description.

3. Scope of Contract.

4. e- Tender price.

5. Completion Schedule.

6. Site investigation.

7. Contractor’s responsibility.

9. Quality Assurance.

10. Classification of Strata

E. 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-

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.17 hereof.

IT 7. EARNEST MONEY DEPOSIT:

A. Each Bidder must submit a receipt of deposit as Tender guarantee towards

Earnest money amounting to Rs. 15,368.00 in any form mentioned

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

Scheduled Bank except co-operative bank.

b) It can be directly deposited in the account of Rajkot Municipal

c) A Bank Guarantee from Rajkot Branch of any Nationalized Bank or

Scheduled Bank except co-operative bank. It shall be valid for a period

of not less than three hundred and Sixty (360) days from the date of

EMD 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 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

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

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 from

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

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

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

E. 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

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-TENDER. If there is discrepancy between the rates quoted in

figures and in words, the rates expressed in words shall be considered as

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

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. Earnest Money Deposit.

II. Certificates as registered contractor in appropriate class with

Government of Gujarat or appropriate authority.

III. Bidder’s financial capability statement including last three years

Income tax returns, balance sheet, duly signed by registered

chartered account.

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

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

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

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 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 of residence and place of

business of the person or persons submitting the e-Tender and must be

digitally signed.

e-TENDER 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

e- TENDER 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

IT 11 TENDER VALIDITY PERIOD

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

Hundred and Twenty (120) Calendar days from the date of opening of the e-

Tender 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 full.

IT 12 GENERAL PERFORMANCE DATA

Bidder 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 Tender is made by an individual, it shall be signed with his full name

above his current address. If the 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

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

submit complete information pertaining to each firm 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 WITHDRAWALS 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 query to the ADDL. CITY ENGINEER,

R.M.C. The result of interpretation of the e-TENDER will be issued as

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 MODIFICATIONS 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 online to all 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 any addendum.

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

IT 19 EVALUATIONS 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 04 Months 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- Tenders.

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

contractors are requested to quote their price offer in % below or above

A. 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.

B. 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.

C. 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 DISQUALIFICATIONS

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

(a) The envelope does not show on the outside the reference of bid and

thus gets opened before the due date of opening (as per Article IT

i.e. submission of tender document)

(b) The Tender fee and Tender Earnest Money Deposit is not deposited in

full and in the manner as specified as per Article IT.7 i.e. Earnest Money

(c) 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

(d) The e-Tender documents are not signed by an authorized person (as per

Article IT. 13 i.e. signing of e-Tender documents).

(e) The general performance data for qualification is not submitted fully (as

per Article IT 12 i.e. General performance Data).

(f) 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 bond 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 conditional tender.

(f) All corrections or posted slips are not initiated by Bidder.

(g) Any erasure is made in the e-tender.

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

Additional performance guarantee is payable if,

1. the contract price offered by the selected bidder is lower than 10% but

up to 20% of the estimated project cost than the additional performance

security shall be calculated @ 20% of the difference in the estimated

project cost minus 10%of the estimated project cost and Contract price

offered by the selected bidder.

2. the contract price offered by the selected bidder is lower than 20% of

the Estimated project cost than the additional performance security shall

be calculated @ 30% of the difference in the Estimated project cost

minus 10% of the Estimated project cost and Contract price offered by

the selected bidder.

This additional performance security shall be treated as part of the

performance security.

Performance security shall be valid beyond 60 days of the defect liability

period and the additional performance security shall be valid beyond

days of project completion date.

Final SD will be calculated at the time of final bill i.e. actual completion

Performance as mentioned above may be in the forms mentioned

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

or Scheduled Bank except co-operative bank.

• A fixed deposit receipt of any Schedule Bank or Nationalized Bank

(except Co-operative Bank) duly endorsed in favour of the Rajkot

Municipal Corporation, Rajkot.

• A Bank Guarantee from Rajkot Branch of any Nationalized Bank or

Scheduled Bank except co-operative bank.

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. It is further

clarified that Performance Guarantee (SD) for extra work will also be

recovered @ 10% from the bill of extra work i.e. works beyond tender

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

PERFORMANCE GUARANTEE (SECURITY DEPOSIT) WILL BE

RELEASED TO THE CONTRACTOR WITHOUT ANY INTEREST AFTER

DEFECT LIABILITY PERIOD IS OVER.

IT 28 STAMP DUTY

The successful Tenderer shall have to enter into an agreement on a non-

judicial stamp paper of amount as per Stamp Duty Act in the form of the

agreement approved by the Corporation. The cost of stamp paper and

adhesive stamp shall be borne by the contractor.

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.

IT 30 NON-TRANSFERABLE

e-TENDER documents are not transferable.

IT 31 COSTS OF e-Tendering

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

IT 32 EFFECTS OF e-Tender

The e-Tender for the work shall remain for a period of 180 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 CHANGES 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 be necessary.

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 advances 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 detail’s

specifications. No condition will be accepted. The conditional e-Tender will

liable to be rejected.

IT 39 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 prevailing CESS of the value of work

and will deposit the same in Government.

IT 40 ESI REGISTRATION:

The contractors who are liable to be registered under ESI Act must possess

ESI registration number at the time of filling of tender. The agency should

follow all the rules and regulations of ESI Act as per prevailing norms.

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, 1970 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

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.

Addl/Asst. Engineer Dy. Ex. Engineer ADDL. CITY ENGINEER

Signature of Contractor with Seal

FINANCIAL & OTHER STATEMENTS

Information / Details to be submitted by the Bidders in the Performa

mentioned under Statement no 1 to 9. All the documents submitted herewith

as supporting documents shall be duly attested and certified true copy.

I / We ___ hereby declared that I am / We partner(s)

are not black listed or Terminated or Debarred or suspended, backed out, delisted or

connected with firm black listed or terminated or debarred or suspended or backed out

or delisted 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 Staffdeployed 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 further undertake that if above declaration proves to be wrong/ incorrect or

misleading, our tender / contract stands to be cancelled / terminated.

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

Declaration Of 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 labourers engaged 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

CURRICULAM VITAE

Sr. Details of person

3. Qualifications

4. Experience in Project Related field

5. Other experiences

6. Employment Record.

Sr. Period Organization under Status /

No. which work Position in the

(1) Separate sheet for each person to be furnished as above.

(2) The contractor’s Project Team should consist of persons in the following

a) Senior Engineer with experience of Building work

b) Senior material Engineer.

c) Senior Quantity Surveyor.

d) Project management expert.

e) Site in charge

INFORMATION REGARDING FINANCIAL CAPACITY OF THE

Sr. Details Amount (Rs. in Remarks

1. Solvency A Banker’s Certificate of

current financial year may

please be attached.

2. Annual Turnover for the Certified true copy to be

last seven attached

3. Price of biggest (road Certified true copy to be

work) job attached

STATEMENT NO. 4/A

BIDDER’S FINANCIAL CAPACITY

Sr. Financial Year Annual Turnover Net worth Net Cash Working

No. inEngineering Rs. Rs. Capital Rs.

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

2) Copies of the balance sheet to be attached.

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

has ability to sustain negative cash balance and how he proposes to meet with

4) Cash Plan / Cash flow Statement.

STATEMENT NO. 4/B

AVAILABLE BID CAPACITY

Value of works executed in Rs.

The available bid capacity will be worked out as follows.

Available bid capacity = (A x N x 2) – B,

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 five 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.

STATEMENT NO. –

LIST OF SINGLE PROJECT WORK OF NOT LESS THAN 40% OF THE ESTIMATED COST COMPLETED DURING THE LAST

Sr. Year of Construction Name of Name ofowner & Total cost Total value of Date of Date of Actual

No. work Project contact person of of the work work done starting completion of

the project, work work

Note: Certificate from the owners in support of above works may beenclosed with this statement.

STATEMENT NO. 5/ A

Detailed information of similar type of work costing not less than 90% of tender amount completed with good quality

and workmanship in the past seven years.

Name of Contractor:

Sr. Name of Name Estimated Tendered Date of Target Actual Reas Amount of work done during last Amount of Rem

No. work of cost of amount Rs. Award of date of date of on seven years preceding this work done arks

client work (Rs. (Lakhs) contract comple comple for tender (Rs. Lakhs). after March

Lakhs) tion tion delay

Note: Certificate from the owners in support of above works may be enclosed with this statement.

STATEMENT NO – 5/B

DETAILS OF IMPORTANT CONSTRUCTION PROJECTS

Sr. Name of Project Estimated Prescribed time of Actual Completion Actual Name, address

No. cost performance Completion Cost and

Start Date Completion Start Date Completion

Note: Certificate from the owners in support of above works may be enclosed with this statement.

STATEMENT NO. – 5/C

DETAILS OF ONGOING PROJECT

Sr. Name of project Value of remaining work Start date Likely date of Name, address, telephone, fax

No. Rs. in lakhs. completion no. of project authority and

contact person.

STATEMENT NO. -

DETAILS OF PLANT & MACHINERY TO BE DEPLOYED ON THISWORK

Name of the contractor/company ___

Sr. Name of Nos. Nos. proposed Present Present value

No plants/ available to be location of plant/

machinery (with make deployed for machineries

& year) this project

Plant / machineries which are proposed to be procured shall have to be procured at

the earliest after award of the work and before the start of the work.

STATEMENT NO. -

METHOD STATEMENT AND WORK PLAN

The Bidder shall have to provide a brief write up to be enclosed with the “Technical

Bids” covering his approach and methodology to handle the project construction

activities including his details work plan. The brief shall include the following aspects.

2. Construction equipment availability

and plan of deployment.

3. PERT / Construction chart / Bar chart.

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 arepartnerships or individually-owned firms.

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

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

works the following information should also be supplied for the specialist

subcontractor(s).

1. Name of Firm

2. Head office address

3. Telephone Contact

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

Nationality of owners

Name Nationality

Name of Bidders officers / 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 andposition of officers

Number of years of experience:

As a Prime Contractor (contractor shouldering

major responsibility in own country other

countries (specify country)

in a consortium in own country other countries

(Specify country)

As a sub-contractor (specify maincontractor) in

own country other countries (Specify country)

Name and address of any associates the

applicant has in India (in case the applicant

happens to be from foreign country) who are

knowledgeable in the procedures of customs,

immigration, taxes and other information

necessary to do the work.

For how many years has your organization

been in business of similar work under its

present name? What were your fields when

your organization was established? Whether

any new fields were added in your

organization? And if so, when?

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

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 interest?

Give details of your experience in mechanized

cement concrete lining 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 Underground

Drainage work in rocky area.

Give details of civil work for drainage pumping

Give details for construction of sewerage

treatment plant

Give details for pumping machinery in

drainage pumping station

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-49 Arbitration

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 assigned 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 Representative 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-

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

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

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 modification.

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

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

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 of the

Contractor OR through e-mail OR mobile message 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

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

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

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

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".

1.33 Unless 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 site of tendered work at Near Taluka School Sadar Moti Tanki Chowk in

Rajkot. The intending bidders should inspect the site & make themself

familiar with site conditions and available communication facilities.

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 goes with the work shall be approved by the Engineer-In-

Charge prior to procurement and use.

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 the same.

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 dimensions for the

materials shall be given in metric units only.

GC-05 INTERPRETATION OF CONTRACT DOCUMENT:

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 override 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 ISS, and

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

the same shall be satisfied over and above ISS 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

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 known 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.

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-Charge or not.

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 supersede 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

GC-10 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

Additional performance guarantee is payable if,

1. The contract price offered by the selected bidder is lower than 10% but

up to 20% of the estimated project cost than the additional

performance security shall be calculated @ 20% of the difference in the

estimated project cost minus 10% of the estimated project cost and

Contract price offered by the selected bidder.

2. The contract price offered by the selected bidder is lower than 20% of

the Estimated project cost than the additional performance security

shall be calculated @ 30% of the difference in the Estimated project

cost minus 10% of the Estimated project cost and Contract price

offered by the selected bidder.

This additional performance security shall be treated as part of the

performance security.

Performance security shall be valid beyond 60 days of the defect liability

period and the additional performance security shall be valid beyond

days of project completion date.

Final SD will be calculated at the time of final bill i.e. actual completion

Performance as mentioned above may be in 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 any Schedule Bank or Nationalized Bank

(except Co-operative Bank) duly endorsed in favour of the Rajkot

Municipal Corporation, Rajkot.

C) A Bank Guarantee from Rajkot Branch of any Nationalized Bank or

Scheduled Bank except co-operative bank.

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. It is further clarified that Performance

Guarantee (SD) for extra work will also be recovered @ 10% from the bill

of extra work i.e. works beyond tender amount.

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

PERFORMANCE GUARANTEE (SECURITY DEPOSIT) WILL BE

RELEASED TO THE CONTRACTOR WITHOUT ANY INTEREST AFTER

DEFECT LIABILITY PERIOD IS OVER.

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. The material shall be dispatched 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-Charge.

GC-12 DEFECT LIABILITY:

1. Contractor shall guarantee the work for a period of 24 months. 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 as desired 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. 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 INSTRUCTIONS:

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 programmed of execution of

work commencement with the total time specified. The Contractor shall

provide the Engineer-In-Charge a detailed programmed of time schedule for

execution of the works in accordance with the specifications and the

completion date. The entire programmed 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 programmed 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

GC-16 SUB-CONTRACTS FOR TEMPORARY WORKS ETC.:

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

Not-withstanding any subletting with such approval as afore said 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 for the delay.

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 except the items which

are not coming in the way to commission the project.

3. Monsoon period from 1st July to 30th September shall be considered as

non-working period hence excluded in time limit.

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 Commissioner.

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 Commissioner.

The amount of liquidated damages shall, however, be subjected to a

maximum of 10 percent of the contract value.

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 remaining due.

GC-22 ACTION OF FORFEITURE OF SECURITY DEPOSIT:

In any case in which under any Clause or Clauses of the contract, the

Contractor shall commit 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 THE CONTRACTOR:

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

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’s, 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

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

GC-29 TERMINATION OF SUB-CONTRACT BY OWNER:

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 from the site.

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 –

i) Fail to carry out works in conformity with the contract documents, or

ii) Fail to carry out the works in accordance with the time schedule, or

iii) Substantially suspend work or the works for a period of seven days without

authority from Engineer-In-Charge, or

iv) Fail to carry out and execute the work to the satisfaction of the Engineer-

v) Fail to supply sufficient or suitable construction plant, temporary works,

labour, materials or things, or

vi) 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

vii) Abandon the work, or

viii) 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

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

GC-35 PRICE ADJUSTMENTS:

Price adjustment in price shall be allowed and price escalation will be

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 Contractor.

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 10 (Ten) 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, and make

any other arrangements it shall deem necessary to complete the work

outstanding under the contract at the time of termination. 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.

If Contractor fails to carry out the work in timely manner as mentioned in

clause 20 (Liquidated damages), Rajkot Municipal Corporation may give

notice in writing to the Contractor to expedite the work, so that the work

can be completed as per time schedule. If Contractor fails to expedite the

work within 10 days of receipt of notice, Rajkot Municipal Corporation may

terminate the contract and debar the Contractor for three years and the

remaining work will be executed through other agency at the risk and cost

of the Contractor.

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 Contractor.

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-40 AND / OR

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 Corporation.

a) Any completed works

b) Such partially completed information and contract rights as the

Contractor has specifically produced or acquired for the performance

of the contract so terminated.

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

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 Corporation.

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 Rajkot.

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, notwithstanding

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-Charge. The question, dispute or differences

shall be settled by the Municipal Commissioner, Rajkot Municipal

Corporation, who shall state his decision in writing and give notice of same

to the Engineer-In-Charge and to the Contractor. Such decision shall be

final and binding upon both parties. The contract and work on contract if

not already breached or abandoned shall proceed normally unless and until

the same shall be revised (or uphold) by any arbitration proceedings as

hereinafter provided. Such decisions shall be final and binding on the

Engineer-In-Charge and the Contractor unless the Contractor shall require

the matter to be referred to an Arbitration panel as hereinafter provided.

GC-49 ARBITRATION:

In case of any dispute arising during the course of execution, the matter

should be referred to Municipal Commissioner who will be sole Arbitrator

whose decisions will be final and binding to the Contractor.

The word "Arbitration" or "Arbitration Clause" wherever mentioned in this

tender document, is to be treated to be referred to GC-49. In this context,

an Order bearing No. RMC/Legal/1858 dated 18-02-2017 of Legal

Department of Rajkot Municipal Corporation is uploaded separately along

with this tender, which Order, will hereafter refer and taken into

consideration for Arbitration related purpose.

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

disposal 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 provided.

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 thereof.

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

GC-53 SUB-CONTRACTUAL RELATIONS:

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

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 contract.

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

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

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 in 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 overtime 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 No………………………………………………

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

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

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

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-

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 affected 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 this account.

None of the materials issued to the contractor, shall be used by the

Contractor for manufacturing items which can be obtained from the

manufacturers. The materials issued by the owner shall be used for the

work only and no other purpose.

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

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 than 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 of as per instructions of Engineer-In-

Charge in the best interest of the owner.

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

and shall hand over the same to the owner.

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 under:

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 than it will be paid according to SOR of

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 Contractor.

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 to contract,

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 measurement will be taken by the

Engineer-In-Charge or his authorized representative notwithstanding the

absence of Contractor and these measurements will be deemed to be

correct and binding on the Contractor.

2. Contractor will submit a bill in approved proforma in quadruplicate to the

Engineer-In-Charge of the work giving abstract and detailed measurements

of various items executed during a month as mutually agreed. The

Engineer-In-Charge shall verify the bill and the claim, as far as admissible,

adjusted, if possible, within 10 days of presentation of the bills.

GC-82 RUNNING ACCOUNT PAYMENTS TO BE REGARDED AS ADVANCES:

1. All running account payments shall be regarded as payments by way of

advance against the final payment only and not as payment for work

actually done and completed and shall not preclude the requiring of bad,

unsound and imperfect or unskilled work to be removed and taken away

and reconstructed or rejected or to be considered as an admission of the

due performance of contract or any part thereof.

2. Five (5) percent of the gross R A Bill amount shall be retained from each bill

as retention amount and the same will be paid with the final bill.

GC-83 NOTICE FOR CLAIM FOR ADDITIONAL PAYMENT:

If the Contractor considers that he is entitled to extra payment or

compensation or any claim whatsoever in respect of work, he shall forthwith

give notice in writing to the Engineer-In-Charge about his extra payment

and / or compensation. Such notice shall be given to the Engineer-In-Charge

within ten (10) days from the happening of any event upon which

Contractor basis such claims and such notice shall contain full particulars of

the nature of such claim with full details and amount claimed. Failure on

the part of the Contractor to put forward any claim with the necessary

particulars as above, within the time above specified shall be an absolute

waiver thereof. No omission by owner to reject any such claim and no delay

in dealing therewith shall waiver by owner or any rights in respect thereof.

GC-84 PAYMENT OF CONTRACTOR'S BILL:

1. The price to be paid by the owner to Contractor for the work to be done and

for the performance of all the obligations undertaken by the Contractor

under contract shall be based on the contract price and payment to be

made accordingly for the work actually executed and approved by the

Engineer-In-Charge.

2. No payment shall be made for work costing less than Rs.2,00,000/- till the

work is completed and a certificate of completion for Construction is given.

But in case of work estimated to cost more than Rs.2,00,000/-, Contractor

on submitting the bill thereof will be entitled to receive a monthly payment

proportionate to the part thereof, approved and passed by Engineer-In-

Charge, whose certificate of such approval and passing of the sum so

payable shall be final and conclusive against contractor. This payment shall

be made after necessary deductions as stipulated elsewhere in the contract

documents for materials, security deposit etc. The payment shall be

released to the Contractor within two (2) month of submission of the bill

duly pre-occupied on proper revenue stamp. Payment due to Contractor

shall be made by the owner by ECS/RTGS mode in Indian currency.

Successful bidder must furnish his Bank details for RTGS/ECS with Account

GC-85 FINAL BILL:

The final bill shall be submitted by Contractor within one (1) month of the

date of physical completion of work, otherwise the Engineer-In-Charge's

certificate of the measurement and of total amount payable for work shall

certificate of the measurement and of total amount payable for work shall

be final and binding on all parties.

GC-86 RECEIPT FOR PAYMENT:

Receipt for payment made on account of work when executed by a firm

must be signed by a person holding Power of Attorney in this respect on

behalf of Contractor except when described in the e-Tender as a limited

company in which case the receipt must be signed in the name of the

Company by one of its principal officers or by some person having authority

to give effectual receipt for the Company.

GC-87 COMPLETION CERTIFICATE:

1. When the Contractor fulfills his obligation as per terms of contract, he shall

be eligible to apply for Completion Certificate. Contractor may apply for

separate Completion Certificate in respect of each such portion of work by

submitting the completion documents along with such application for

Completion Certificate.

The Engineer-In-Charge shall normally issue to Contractor the Completion

Certificate within one (1) month after receiving an application thereof from

Contractor after verifying, from the completion documents and satisfying

himself that work has been completed in accordance with and as set out in

the construction and erection drawings and the contract documents.

Contractor after obtaining the Completion Certificate is eligible to present

the final bill for work executed by him under the terms of contract.

2. Within one month of completion of work in all respects Contractor shall be

furnished with a certificate by the Engineer-In-Charge of such completion

but no certificate shall be given nor shall work be deemed to have been

executed until all (i) scaffolding, surplus materials and rubbish is cleaned off

site completely, (ii) until work shall have been measured by the Engineer-In-

Charge whose measurement shall be binding and conclusive and, (iii) until

all the temporary works, labour and staff colonies etc. constructed are

removed and the work site cleaned to the satisfaction of the Engineer-In-

Charge. If Contractor shall fail to comply with the requirements as aforesaid

or before date fixed for the completion of work, the Engineer-In-Charge

may at the expense of Contractor remove such scaffolding, surplus

materials and rubbish and dispose of the same as he thinks fit.

3. The following documents will form the completion documents: -

a) Technical documents according to which the work has been carried

b) Three sets of construction drawings showing therein the modifications

and corrections made during the course of execution signed by the

Engineer- In-Charge.

c) Completion Certificate for "Embedded" or "Covered" up work.

d) Certificate of final levels as set out for various works.

e) Certificate of test performed for various work.

f) Material appropriation statement for the materials issued by owner

for work and list of surplus materials returned to owner's store duly

supported by necessary documents. (N.A.)

4. Upon expiry of the period of defect liability and subject to Engineer-In-

Charge being satisfied that work has been duly maintained by Contractor

during the defect liability period of fixed originally or as extended

subsequently and that Contractor has in all respects made up any

subsidence and performed all his obligations under contract, the Engineer-

In-Charge (without prejudice to the rights of owner in any way) give final

certificate to that effect. The Contractor shall not be considered to have

fulfilled the whole of his obligation until final certificate shall have been

given by the Engineer-In-Charge.

5. Final Certificate only evidence of completion: Except the final certificate, no

other certificate of payment against a certificate or on general account shall

be taken to be an admission by owner of the due performance of contract or

any part thereof of occupancy or validity or any claim by the Contractor.

GC-88 TAXES, DUTIES, ETC.:

1. Contractor agrees to and does hereby accept full and exclusive liability for

the payment of any and all taxes including Sales Tax, Duties, etc., now or

hereinafter imposed, increased or modified from time to time in respect of

work and materials and all contributions and taxes for unemployment,

compensation, insurance and old age pension or annuities now or

hereinafter imposed by the Central or State Government authorities with

respect to or covered by the wages, salaries or other compensation paid to

the persons employed by Contractor.

If the Contractor is not liable to Sales Tax assessment, a certificate to that

effect from the Competent Authority shall be produced without which final

payment to the Contractor shall not be made No. P, 'C' and 'D' Form shall

be supplied by the owner, and the Contractor shall be required to pay full

tax as applicable.

2. Contractor shall be responsible for compliance with all obligations and

restrictions imposed by the labour law or any other law affecting employer-

employee relationship.