CONSTRUCTION OF FOOT OVER BRIDGE AT GONDAL CHOWKDI IN WARD NO. 13 ON 150 FEET RINGROAD, RAJKOTWITH 5 YEAR OPERATION AND MAINTANANCE(Re-Tender)

5.Opening of Technical Bid 28/05/2026 at 11.00 Hours onwards

6.Verificationofsubmitteddocuments 29/05/2026 at 11.00 Hours onwards

(EMD,e-Tenderfee, etc.)

7. Agency to Remain present with 30/05/2026 at 16:00 to 18:00 Hours

original documents for Verification onwards

8.Opening of Price Bid(For Technically 05/06/2026 at 11:00 Hours onwards

qualified bidders only)

9.Bid Validity 120Days

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

Office of the CITY ENGINEER

RAJKOTMUNICIPALCORPORATION AMBEDKAR

BHAVAN CENTRAL ZONE NEAR BUS STAND,

RAJKOT - 360005 (GUJARAT)

RAJKOTMUNICIPALCORPORATION

CONSTRUCTION OF FOOT OVER BRIDGE AT GONDAL CHOWKDI

IN WARD NO. 13 ON 150 FEET RINGROAD, RAJKOT WITH

5 YEAR OPERATION AND MAINTANANCE (Re-Tender)

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

FullForm Abbreviation

CITYENGINEER 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 Resistance 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

INVITATIONFORBIDS

RAJKOTMUNICIPALCORPORATION

Thee-Tendersareinvitedwithtwobidsystembye-Tenderingfromtheexperienced

contractorsregisteredinGWSSB/StateGovernment/CentralGovernment/Semi

Government in appropriate class for below mentioned work:

a) Construction Cost(Civil+Elec.)

Sr Nameofwork b) O&M Cost in Rs. (5 Years)

No c) Total Estimated Cost

e) E-TENDER fee

f) Time limit for

completion ofwork

1 CONSTRUCTION OF FOOT OVER BRIDGE AT a) Rs.4,74,32,716/-(withoutGST)

GONDAL CHOWKDI IN WARD NO. 13 ON 150 b) 47,43,271/-(withoutGST)

FEET RING ROAD, RAJKOT WITH 5 YEAR c) 5,21,75,987/-(withoutGST)

OPERATION AND MAINTANANCE (Re-Tender) d) Rs.521759/-

e-TENDERNo.RMC/ENGG/CZ/26-27/ f) 12Months

g) Sp. Cat-I (Bridge) and "A" Class

Milestone dates for e-tendering are as under

1.Downloadingofe-documents 01-05-2026 To 18-05-2026 up-to

2. Pre-bid Meeting 08-05-2026 at 16:00 Hours on wards

3.Last date for online submission of 18-05-2026 up-to18.00Hrs.

4.Submission of EMD, Tender fee and 25/05/2026 up-to18.00Hrs.

Other documents for verification by

Regd.Post.A.D. / Speed Post

5.OpeningofTechnicalBid 28/05/2026 at 11.00 Hours onwards

6.Verificationofsubmitteddocuments 29/05/2026 at 11.00 Hours onwards

(EMD,e-Tenderfee, etc.)

7. Agency to Remain present with 30/05/2026 at 16:00 to 18:00 Hours

original documents for Verification onwards

8.Opening ofPriceBid(For Technically 05/06/2026 at 11:00 Hours onwards

qualified bidders only)

9.BidValidity 120Days

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

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

"Rajkot Municipal Corporation" Rajkot, payable at Rajkot fromany Nationalized

Bank or Scheduled Bank (except Co-operative Bank) in India and must be

delivered to above address.

2. All bidders must submit Bid security (EMD) as above (1% of Tender Amount)

either directly deposited in ICICI Bank Account No.015305010638 (Rajkot

Municipal Corporation) IFSC Code ICIC0000153 (NEFT/RTGS or ONLINE

TRANSFER) or submit at the below mentioned address in form of Demand

Draft in favor 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 Submission

of required documents shall have to be done at the below mentioned address:

Office of the CITY ENGINEER

RAJKOTMUNICIPALCORPORATION

AMBEDKARBHAVAN CENTRAL ZONE

NEAR BUS STAND, RAJKOT -

3. The pre-qualification requirement is as under:

i) Financial Criteria:

(1) 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 any one year over the

last seven financial years of the annual value of contracts value.

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

available, liquid assets(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.

(3) Available BidCapacity(ABC)must be more than the estimated tender

Available bid capacity(ABC)=(AxNx2)–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 seven financial years.

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

discharge during time interval ofN years from the bid due date.

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

(4) Bidde rmust have minimum “A” Class registration.

ii) Experience Criteria:

The bidder should possess following minimum experience:

(1) Experience in successfully completing or substantially completing at least

one contract of similar nature of work of at least 40 percent of the value

of proposed contract within the last seven years.

 Definition of similar nature of work:

(1) Bidder should have completed at least one work of similar nature of 40% of

tender amount is completed in last seven years.

 Similar nature work shall mean construction of Railway ROB Railway Span of

greater than 24m length / Railway Foot over Bridge of greater than 24m length.

 At least one completed work of similar nature of 40% of tender amount.

(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 joint venture.

(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 from the employers shall be submitted along with the application incorporating

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

satisfactory performance of the contract & any other relevant information.

NOTE: -For O&MfinancialcriteriawillbecalculatedonTenderamount of 1 Year.

(4) The work shall be awarded irrespective of any experience tounemployed Engineer.

NOTE:-OnlyapplicableforEle/Mech/CivilWork

For Diploma Holder:- Up to tender amount of Rs.5 LacsFor Degree

Holder:- Up to tender amount of Rs.10 Lacs

Noteonpre-qualificationrequirement:

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

applicable to arrive at average annual turnover and experience to

finalize the magnitude of work done in last seven years.

1 CurrentYear(2026-27)

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

Rs5,21,75,987/-will be considered.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. Joint Venture is not permitted for this tender.

11. For this work L-1 agency has to appoint a Project engineer as proposed by

RMC whose educational qualification of MINIMUM DIPLOMA in CIVIL

ENGINEERING with minimum 5 Years of Experience and whose salary must be

minimum Rs.26,000/- per month given by L-1 agency. In case of failing that

the same amount is deducted by RMC from agency’s Bill. For that no other

extra payment is given by RMC.

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. O&M (Total Cost of 5 Years, GST Will Not Paid by RMC to the Bidder on O&M

CITYENGINEER(I/C)

RajkotMunicipalCorporation

CHECKLISTFORSUBMISSIONOFDOCUMENTS(ONLINEANDOFFLINE)

Thebiddermustsubmittherelevantdocumentsasperbelow:

Sr DocumentName ONLINE OFFLINE

No SUBMISSION SUBMISSION

1 TenderFee  

3 AgencyRegistrationCertificate  --

4 GSTRegistration  --

5 PANCard  --

6 PFRegistration  --

7 ESICRegistration  --

8 LabourLicense & CESS AsPerPrevailing --

Registration Govt. Rules

9 Non blacklist Declaration on  

10 TurnoverCertificatefromCA  --

11 WorkExperienceCertificates  --

12 WorkingCapitalCertificate from  --

13 Otherdocuments,ifany  --

14 Available Bid Capacity Certificate  --

with Sign and Stamp of CA

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

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

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

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

submit hard copyof tender documents including addenda/Corrigendum,if any and

othersupportivedocumentsasrequiredinthistender,dulystamped&signedonall pages.

CITYENGINEER(I/C)

RajkotMunicipalCorporation

NameandsignatureofBidder

CheckListforsubmissionofDocumentsTab

TenderFeesubmittedasperTender Yes/No

Tender Earnest Money Deposit Yes/No

submitted as per Tender

Registrationdocumentssubmitted as Yes/No

per tender requirement

FinancialDetails:

Turnoverdetailssubmittedas per Yes/No

Working Capital as per requirement Yes/No

of tender is submitted

ExperienceDetails:

Details of TechnicalStaff and details Yes/No

of machineries submitted

Addressproofsubmitted Yes/No

Identityproofsubmitted Yes/No

Fresh Declaration on Non-Judicial Yes/No

Stamp Paper regarding not black

listed or Terminated or Debarred, is

ProfessionalTaxReceiptofcurrent 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, theagency will be treated as Non-responsive and will be

DISQUALIFIED and also the online pricebidofsuchagencywillnot

Signatureofcontractorwithseal

INSTRUCTIONSTOBIDDER

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.

IT2.INVITATIONTOE-TENDER

TheRajkotMunicipalCorporationhereinafterreferredastheCorporationwill

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

specifiedinthee-TendernoticeinthepresenceofinterestedBiddersortheir

representatives. The Corporation reserves the right to reject the lowest or

anyotheroralle-TendersorpartofitwhichintheopinionoftheCorporation

doesnotappeartobeinitsbestinterest,andtheBiddershallhavenocause of action

or claim against the Corporation or its officers, employees, successors or

assignees for rejection of his e-Tender.

IT3.LANGUAGEOFe-TENDER

E-TENDERsshallbesubmittedinEnglish,andallinformationinthee-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.

IT4.QUALIFICATIONSOFBIDDERS

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. TheBidder’sexperienceinthefieldsrelevanttothiscontract.

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

iii. TheBidder’spresentcommitments(Jobsonhand).

iv. TheBidder’scapabilityandqualificationsofhimselfandhisregularstaff etc.

v. PlantsandMachineryavailablewiththeBidderfortheworke-Tendered.

C. Jointventure:(N.A.)

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

maximum number of partner 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.

IncaseofJointventurethetenderevaluationwillbeasunder:

Thefinanceofeachpartnerwillbeconsiderproportionatetotheir share in

the Joint venture agreement.

Theexperiencedofeachpartnerwillbeaddedinthetender 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 authorizes 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. Allpartners ofthe joint venture shall bejointlyandseverallyliable forthe

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

vii. PermissibleJointventurepartnersshallberestrictedtotwonumbers.

TheownerortheEngineer-in-chargeisnotobligedtodisclosehisfindingsor his

The Bidder shall furnish original documentson the date mentioned in tender

notice.Thebidforthosebidderwillbetreatedasnon-responsivewhofailing to

produce original documents on specified date.

D. Price Escalation: -

Price escalation will be applicable for the works above Rs 100 Lakh. (1 Cr.)

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

Materials, Fuels & Lubricants in accordance with the followin principles & procedures

and as per formula given in the contract data.

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

contract data up to end of the initial intended completion date or extensions granted by

the Competent Authority and shall not apply to the work carried out beyond the

stipulated time for reasons attributable to the contractor.

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

in the contract dat.

C. Following expressions and meanings during to the work done during cach month.

The price adjustment for Material

Vm0.85 *(Pm/100)*R*(Mi-Mo) / Mo, Where.

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

consideration due to change in rates for local materials other than Cement, Steel.

Bitumen & POL (Fuel & Lubricants)

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

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

Economic Advisor, Dept. for promotion of Industry & internal trade, Ministry of

Commerce and Industry.

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

consideration as published by the office of Economic Advisor, Dept. for promotion

of Industry & internal trade, Ministry of Commerce and Industry.

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

& POL) of the work.

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

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

advance recovered.

 The following percentage will govern the price adjustment for the entire contract.

2. Cement-Pc……………….. 1.57%

4. Bitumen-Pb……………….. 0.00%

6. Plant & Machinery spares - Pp……………….. 8.33%

7. Other Material - Pm……………….. 62.91%

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

Pb/Labor P1/POL (Fuel & Lubricants) Pf/Plant & machinery spares Pp/Other

IT5.E-TENDERDOCUMENTS

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

as e-TENDER document. The several sections form in the document are the

essentialpartsofthecontractandarequirementoccurringinoneshallbeas binding

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

and describe and provide for complete works.

IT6.EXAMINATIONBYBIDDERS

A. Atthisownexpenseandpriortosubmittinghise-Tender,eachBiddershall

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

conditions which may affect the work including the prevailing wages and

otherpertinentcostfactors,(c)familiarize,himselfwithallcentral,stateand 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..%. Rateand contractor shall have to quote his

Theworksshallhavetobecompletedinallrespectasstatedinthee-Tender

document to the satisfaction of the Corporation.

a) ThefollowingcomprisesinContractDocumentsatapriceofRs15,000-00.

e-TENDERDocument:

1. NoticeinvitingBidders.

2. InstructionstotheBidder.

5. Generalconditionsofcontract

Technicalspecifications

a. BidForm(WithPrice)

b. PreambletoPriceschedule

c. PriceSchedule(Schedule-B)

GeneralSpecifications

1. Generalnote&sitedescription.

3. ScopeofContract.

4. E-Tenderprice.

5. CompletionSchedule.

6. Siteinvestigation.

7. Contractor’sresponsibility.

9. QualityAssurance.

10. ClassificationofStrata.

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-Tender.

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

required to be made bythe Bidderarecontainedinthee-Tender documents and

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

documentsexceptinsofarasmaybenecessarytocomplywithanyaddenda issued

pursuant to Clause IT.17 hereof.

IT7.EARNESTMONEYDEPOSIT:

A. EachBiddermustsubmitareceiptofdepositasTenderguaranteetowards

EarnestmoneyamountingtoRs.521759/-/-inanyformmentionedbelow:

a) ByaDemandDraftontheRajkotBranchofanyNationalizedBankor 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

ScheduledBankexceptco-operativebank.Itshallbevalidforaperiodof not

less than Three hundred and Sixty (360) days from the date of

EMDshallcomplywiththerequirementsforBondasstipulatedintheGeneral

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-

TendernotaccompaniedbyaTenderguaranteeintheformofearnestmoney

depositedforthesumstipulatedinthee-TenderDocumentwillbesummarily

B. TheEarnestMoneyDepositwillberefundedtotheunsuccessfulBiddersafter an

award has been finalized.

C. TheEarnestMoneyDeposit(Tender Guarantee)willbeforfeitedin eventthe

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 receiptof 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

willbeforfeitedandtheBidderwillbeBlackListed/Debarredfromtendering for

further works of Rajkot Municipal Corporation for the period of three years.

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

theperformanceguaranteebond,asrequired,isfurnishedbythecontractor.

E. Nointerestshallbepaidbytheowneronanye-Tenderguarantee.

IT8.INCOMETAXCLEARANCECERTIFICATE:

LatestIncomeTaxclearanceCertificatesmustaccompanywiththe 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.

IT9.PREPARATIONOFe-TENDERDOCUMENTS

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 were so indicated.

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

thee-TENDER.Ifthere isdiscrepancybetweenthe ratesquotedin figures

andinwords,theratesexpressedinwordsshallbeconsideredasbinding.

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

affixedanddulysignedandstamped.Suchvariationsmaybeapprovedor

refused by the Corporation is not obliged to give reason for his decisions.

IT10.SUBMISSIONOFe-TENDERDOCUMENTS

Biddersarerequestedtosubmitthee-TENDERDocumentsonfollowinglines.

A.Volumecontainingfollowingdocuments:

I. EarnestMoneyDeposit.

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

Incometaxreturns,balancesheet,dulysignedbyregisteredchartered

IV. Bidder’sexperienceinthefieldrelevanttothiscontract.

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-TENDERbyCorporations/Companies mustbesignedwiththelegalname

oftheCorporation/Companiesbythepresident/orbythesecretaryorother

person or persons legally authorized to bind the Corporation/Company in

IT11TENDERVALIDITYPERIOD

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

Hundred and Twenty (120) calendar days from the date opening of the

TechnicalbidofeTenderandthattheBiddershallnotbeallowedtowithdraw 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

modificationsoradditionsinthetermsandconditionsonhisowne-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

IT12GENERALPERFORMANCEDATA

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.

IT13SIGNINGOFe-TENDERDOCUMENTS

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

copyofthepartnershipdeed,currentaddressesofallthepartnersofthefirm 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,

shallaccompanythe e-Tender.Such limited companyor corporation maybe

required to furnish satisfactory evidence of its existence before the contract

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

submit complete information pertaining to each firms in the group and state

alongwiththebidastowhichofthefirmsshallhavetheresponsibilityfore-

Tenderingandforcompletionofthecontractdocumentsandfurnishevidence

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.

Allwitnessesandsuretiesshallbepersonsofstatusandprobityandtheirfull

names,occupationsandaddressesshallbestaredbelowtheirsignatures.All the

signatures in the e-Tender document shall be dated.

IT14WITHDRAWALOFTENDERS

If,duringthetendervalidityperiod,theBidderwithdrawshisTender,Tender

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

next three years to quote in R.M.C.

IT15INTERPRETATIONSOFe-TENDERDOCUMENTS

Bidders shall carefully examine the e-TENDER Document and fully inform

themselves astoalltheconditions and matterswhich mayinanyway affect

theworkorthecostthereof.IfaBidderfindsdiscrepanciesoromissionfrom the

specifications or other documents or should be in doubt as to their

meaning,heshouldatonceaddressquerytotheADDL.CITYENGINEER,

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

IT16ERRORSANDDISCREPANCIESINe-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.

IT17MODIFICATIONOFDOCUMENTS

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

madeavailableonlinetoallBidders.Theseshallformapartofe-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.

AddendaformpartoftheContractDocuments,andfullconsiderationshallbe 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

Addendainthee-TENDERFailuretosoacknowledgemaycausethee-Tender to be

A. RMCmayissueAddendatoadviseBiddersofchangedrequirements.Such

addenda may modify previously issued Addenda.

B. Noaddendummaybeissuedafterthetimestatedinthenoticeinvitinge-

IT18TAXANDDUTIESONMATERIALS

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

IT19EVALUATIONOFe-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

CorporationorotherGovernmentOrganizations,litigationissuesetc.

Evaluation criteria specifically mentioned in the specification will also be

taken into consideration in the evaluation of e- Tenders.

IT20TIMEREQUIREDFORCOMPLETION

Thecompletionperiodmentionedinthisscheduleistobereckonedfromthe

dateofnoticetoproceed.Totalcompletionperiodis12Monthsfromthedate

ofissueofnoticetoproceedandcontractorshould adheretothiscompletion time.

Monsoon period from 1stJuly to 30thSeptember will be considered as non-

working period and hence excluded in time limit.

IT21POLICYFORTENDERUNDERCONSIDERATION

TENDERshallbetermedtobeunderconsiderationfromtheopeningofthee- Tender

until such time any official announcement or award is made.

Whilee-Tendersareunderconsideration,Biddersandtheirrepresentativeor

otherinterestedpartiesareadvisedtorefrainfromcontactingbyanymeans any

Corporation 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.TheBidderwillnotbepermittedtochangethesubstanceofhise- Tender

after e-Tenders have been opened. This includes any post Tender

pricerevision.Non-compliancewithhisprovisionshallmaketheTenderliable for

IT22PRICESANDPAYMENTS

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

paymentbeyondthepricesquotedwillbeentertainedandtheBidderwillnot be

entitled subsequently to make any claim on any ground.

IT23PAYMENTTERMS

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.

Awardofthecontractortherejectionore-TENDERswillbe made duringthe Tender

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,thesuccessfulBiddershallexecutetheContractAgreementwithin 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

furnishtheBondasrequiredherein.TheOwnermayannulhisawardand

declarethee-Tendersecurityforfeited andwilltakeactionasdeemedfit.

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

thecorporation,partnershipfirmorotherconsortiumactingastheBidder is

duly authorized to do so.

IT25SIGNINGOFCONTRACT

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

MoneyDeposit.Thepersontosignthecontractdocumentshallbepersonas

detailed in Article IT.13 (signing of e-Tender documents).

IT26DISQUALIFICATION

Ae-Tendershallbedisqualifiedandwillnotbetakenforconsiderationif,

(a) The envelope does not show on theoutside thereferenceof bid andthus

gets opened before the due date of opening (as per Article IT 10 i.e.

submission of tender document)

(b) The TenderfeeandTenderEarnestMoneyDepositisnotdepositedinfull and in

the manner as specified as per Article IT.7 i.e. Earnest Money Deposit.

(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.Ae-Tendermayfurtherbedisqualifiedif,

(a) PricevariationisproposedbytheBidderonanyprincipleotherthanthose

provided in the e-TENDER Documents.

(b) Completionscheduleofferedisnotconsistentwiththecompletion schedule

defined and specified in e-Tender document.

(c) Thevalidityofe-TenderbondislessthanthatmentionedinArticleIT.

i.e.e-Tendervalidityperiod.

(d) Anyofthepageorpagesofe-Tenderis/areremovedorreplaced.

(e) Anyconditionaltender.

(f) AllcorrectionsorpostedslipsarenotinitiatedbyBidder.

(g) Anyerasureismadeinthee-tender.

IT27PERFORMANCEGUARANTEE(SECURITYDEPOSIT)

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

Additionalperformanceguaranteeispayableif,

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. thecontractpriceofferedbytheselectedbidderislowerthan20%ofthe

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

periodandtheadditionalperformancesecurityshallbevalidbeyond28days of

project completion date.

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

Performanceasmentionedabovemaybeintheformsmentionedbelow:

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

Scheduled Bank except co-operative bank.

e) A fixed deposit receipt of any Schedule Bank or Nationalized Bank

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

RajkotMunicipal Corporation, Rajkot.

f) ABankGuaranteefromRajkotBranchofanyNationalizedBankorScheduled

Bank except co-operative bank.

TheperformanceguaranteeshallbedeliveredtotheCorporationwithinten

(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) forextra work willalsoberecovered@ 10% from thebillof

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.

ThesuccessfulBiddershallhavetoenterintoanagreementonanon-judicial stamp

paper of amount as per Stamp Duty Act in the formofthe agreement

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

shall be borne by the contractor.

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

name,orcatalogueshallbeconstructedasestablishingastandardorquality 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

IT30NONTRANSFERABLE

e-TENDERdocumentsarenottransferable.

IT31COSTOFe-Tendering

TheownerwillnotdefrayexpenseincurredbyBiddersine-Tendering.

IT32EFFECTOFe-Tender

The e-Tender for the work shall remain for a period of One hundred and

Twenty (120) calendar days from the date of opening of the e-Tenders for

this work and that the Biddershall not be allowed to withdrawor 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 thee-Tender and forfeit the earnest money in full.

IT33CHANGEINQUANTITY

The Corporation reservestherighttowaiveanyinformationinanye-Tender and

to reject one or all e-Tenders without assigning any reasons for such

rejectionandalsotovarythequantitiesofitemsorgroupasspecifiedinthe

scheduled of prices as may be necessary.

IT34NEWEQUIPMENTANDMATERIAL

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

originallycomingfrommanufacturer’splanttotheCorporation.Therebuiltor

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

IT35RIGHTSRESERVED

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

informalityorirregularityin anye-Tenderwithout assigninganyreason.The

owner further reserves the right to withhold issuance of the notice to

proceed,evenafterexecutionofthecontractagreement.Nopaymentwillbe made

to the successful Bidder on account of such withholding. The owner is not

obliged to give reasons for any such action.

IT36ADDITIONALRIGHTSRESERVED

TheCommissioner,RajkotMunicipalCorporation,reservestherighttoreduce

thescopeofwork&splitthee-Tenderintwoormorepartswithoutassigning any

reason even after the awards of contract.

IT37MOBILIZATIONADVANCE

Nomobilizationadvanceoradvanceonmachinerywillbegiven.

IT38CONDITIONALe-Tenders

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

contractor shall have to carry out the work in accordance with the details

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

liable to be rejected.

IT39CESS&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-3dated30-01-2006ofGovernmentofGujarat.Rajkot

Municipal Corporation will deduct prevailing CESS of the value of work and

will deposit the same in Government.

IT40ESIREGISTRATION:

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 ofESI Act as per prevailing norms.

IT41PROFESSIONALTAX

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

possessEFPcodeatthetimeoffillingoftender.Theagencyshouldfollowall the rules

and regulations of the Act as prevailing currently.

IT43LABOURLICENSE:

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

1970mustpossessonline LabourLicenseatthetimeoffillingoftender.The agency

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

IT44FILLINGOFe-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 CITYENGINEER(SPL)

SignatureofContractorwithSeal

Financial&OtherStatements

Information/DetailstobesubmittedbytheBiddersinthePerformamentioned

underStatementno1to9.Allthedocuments submitted herewith assupporting

documents shall beduly 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,backedout,delistedorconnectedwithfirmblacklistedorterminatedor

debarredorsuspendedorbackedoutordelistedinanyStates,CPWD/MES/Railways

oranyGovernment,Semi-GovernmentorPrivatebodysincetheinceptionofthefirm

/ company. Also, no Police complaint is lodged against the firm / company or Staff

deployed by me / us.

AtpresentIam/weareregisteredasapprovedcontractor(s),firmsin

State,CPWD/MES/Railways.

I, owner / We, the partners of this firm, hereby givean undertakingthat 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

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

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

Place: SignatureofAuthorizedPerson

APPLICABILITYOF PROVIDENT FUND AND MISCELLANEOUS

Successfulbidder i.e. the agencywhosetender is accepted bytheRMCshall 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

providentfundandotherduesanddepositingthesamewithgovernmentdepartmentunder 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.

Acertificatetotheaboveeffecthastobegivenbythecontractoras under.

DepositingProvidentFundcontribution

Thisto certify that we have deducted the employees’ P.F. and deposited the

samealongwithemployer’scontributiontowardsprovidentfundonlabourcharges

/wagespaidbyustothelaborersengagedfortheworkof

Fund Authority under our Provident Fund Code No.

Weproduceherewiththecopiesofthechallansfortheprovidentfund deduction

and contribution deposited as mentioned above.

Date: SealandSignatureoftheBidder

CURRICULAMVITAE

Sr.No. Detailsofperson

3. Qualifications

4. ExperienceinProjectRelatedfield

5. Otherexperiences

6. EmploymentRecord.

Sr.No. Perid Organization Status

From- To under which /positionin

(1) Separatesheetforeachpersontobefurnishedasabove.

(2) Thecontractor’s Project Team should consist ofpersons

in the following disciplines.

a) Senior EngineerwithexperienceofBuildingwork

b) SeniormaterialEngineer.

c) SeniorQuantitySurveyor.

d) Projectmanagementexpert.

e) Siteincharge

INFORMATIONREGARDINGFINANCIALCAPACITY OF

THE CONTRACTORS

Sr. Details Amount(Rs.inlakhs) Remarks

1. Solvency ABanker’sCertificateof

current financial year

maypleasebeattached.

2. AnnualTurnoverforthe Certifiedtruecopy to

lastsevenyears. beattached

3. Priceofbiggestsimilar Certifiedtruecopyto

nature job carriedout be attached

STATEMENTNO.–4/A

BIDDER’SFINANCIALCAPACITY

Turnover in NetCash

Sr.No. FinancialYear worth Capital

Engineering Rs.

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

attested true copy

2) Copiesofthebalancesheettobeattached..

3) Thebiddershallhavetoprovidethatforaperiodofatleast1

Monthsthebidderhasabilitytosustainnegativecashbalance and

how he proposes to meet with the same.

4) CashPlan/CashflowStatement.

STATEMENTNO.–4/B

AVAILABLEBIDCAPACITY

Theavailablebidcapacitywillbeworkedoutasfollows.

Availablebidcapacity=(AxNx2)–B,

A=Maximumof updatedtotal amount of work executedin any one year of

A=Maximumof updatedtotal amount of work executedin any one year of

the last five financialyears.

B=Theamountoftheexistingcommitmentsandongoingworkstobe discharge

during timeintervalof N years fromthebidduedate.

N=Numberofyearsprescribedforcompletionoftheproposedworks

LIST OF SINGLE PROJECT WORK OF NOT LESS THAN OF THE ESTIMATED

COST COMPLETED DURING THE LAST SEVEN YEARS.

Sr. Nameof Tot Tot Date Date of

No Year of Nameof owner& al al of Actual

. Construc Project contact cost valu starti completio

t ion person of eof ng n of work

work of the the wor work

Note:Certificatefromtheownersinsupportofaboveworksmaybe enclosed

with this statement.

STATEMENTNO.5/A

Detailed information of similar type of work costing not less than 50% of tender amountcompleted

withgoodqualityandworkmanshipin thepastsevenyears.

Name of Contractor:

Sr. Nam Nam Estimate Tender Date Target Actual Reas Amount of work done Amount of Remarks

No e of e of dcost ed of date of date of on during last sevenyears workdone

. wor clien o f work amount award completi completi for preceding this tender afterMarch

k t (Rs. Rs. of on on delay (Rs. Lakhs).

Lakhs) (Lakhs) contra (Rs.

Note:Certificatefromtheownersinsupportofaboveworksmaybeenclosedwiththisstatement.

STATEMENTNO–5/B

DETAILSOFIMPORTANTCONSTRUCTIONPROJECTS

Sr. Nameof Estimat Prescribed ActualCompletion Actual Name,

No Project ed time of Completion address

. cost performance Cost Rs. and

Start Completion Start Completion

Date Date Date Date

Note:Certificatefromtheownersinsupportofaboveworksmaybeenclosedwiththisstatement.

STATEMENTNO.–5/C

DETAILSOFONGOINGPROJECT

Sr. Nameofproject Value of Start Likely date Name, address,

No remaining date of telephone, fax no. of

workRs.in completion project authority and

lakhs. contact person.

DETAILS OF PLANT & MACHINERY TO BE DEPLOYED ON THIS

Nameofthecontractor/company

Sr. Name of available Present value of

No plants/machinery (withmake location plant/

& year) machineries

Plant/machinerieswhichareproposedtobeprocuredshallhaveto be

procured at the earliest after award of the work and before the

start of the work.

METHODSTATEMENTANDWORKPLAN

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. Constructionequipmentavailability and

plan of deployment.

3. PERT/Constructionchart/Barchart.

ApplicationForm(1)

GeneralInformation

All individual firms and each partner of a consortium applying for

qualification are requested to complete the information in this form.

Nationalityinformationtobeprovidedforallownersorapplicantswhoare

partnerships or individually-owned firms.

Where the Applicant proposes to use named subcontractors for critical

componentsoftheworks,orforworkcontentsinexcessof10percentof the

value of the whole works the following information should also be

supplied for the specialist subcontractor(s).

2. Headofficeaddress

3. Telephone Contact

5. Placeofincorporation/registration Year of incorporation/

Nationalityofowners

Name Nationality

NameofBiddersofficers/Personstobecontacted

Name. Address PhoneNos. Fax.

ApplicationForm(1A)

StructureandOrganization

aproprietaryfirm

afirminpartnership

aLimitedCompanyorCorporation

agroupoffirms/consortium(ifYes,give

completion information in respect of

Attach the Organization Chart showing

the structure of the organization

includingthenamesoftheDirectorsand

position of officers

Numberofyearsofexperience:

as a Prime Contractor (contractor

shouldering major responsibility

othercountries(specifycountry)

othercountries(Specifycountry)

as a sub-contractor (specify main

othercountries(Specifycountry)

4. Name and address of any associates

theapplicanthasinIndia(incasethe

applicant happens to be from foreign

country)whoareknowledgeablein the

procedures of customs,

immigration,taxesandother

informationnecessarytodothework.

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?

Whetheranynewfieldswereaddedin

your organization? And if so, when?

5.Wereyoueverrequiredtosuspend

constructionforaperiodofmorethan

sixmonthscontinuouslyafteryou

started? If so, give the name of

project and give reasons thereof.

6. Have you ever left the work awarded

to you incomplete? If so, give name of

project and reasons for not completing

In which fields of civil engineering

construction do you claim specialization

Give details of your experience in

mechanized cement concrete lining and

in modern concrete technology for

manufacture and quality control.

Givedetailsofyourexperienceinusing

heavy earth moving equipment and

quality control in compaction of soils.

Give details of your experience in

Underground Drainage work in rocky

Givedetailsofcivilworkfordrainage

pumping station

Givedetailsforconstructionofsewerage

treatment plant

Givedetailsforpumpingmachineryin

drainage pumping station

GENERALCONDITIONS

::TABLEOFCONTESTS::

No. Description

GC-1 DefinitionsandInterpretations

GC-2 Locationofsiteandaccessibility

GC-3 Scopeofwork

GC-4 Rulinglanguage

GC-5 InterpretationofContractDocument

GC-6 Contractortounderstandhimselffully

GC-7 Errorsinsubmissions

GC-8 SufficiencyofE-TENDER

GC-9 Discrepancies

GC-10 PerformanceGuarantee(Security Deposit)

GC-11 Inspectionofwork

GC-12 DefectLiability

GC-13 PowerofEngineer-In-Chargetogivefurtherinstructions.

GC-14 Programme

GC-15 Sub-lettingof work

GC-16 Sub-Contractsfortemporaryworks, etc.

GC-17 Timeforcompletion

GC-18 Extensionoftime

GC-19 ContractAgreement

GC-20 Liquidateddamages

GC-21 ForfeitureofSecurityDeposit

GC-22 ActionofForfeitureofSecurityDeposit

GC-23 Nocompensationforalterationinorrestrictioninwork

GC-24 Intheeventofdeathofcontractor

GC-25 Membersoftheownernotindividuallyliable

GC-26 Ownernotboundbypersonalrepresentations

GC-27 Contractor'soffice at site

GC-28 Contractor'ssubordinatestaff andtheirconduct

GC-29 Terminationofsub-contractbyowner

GC-30 Powerofentry

GC-31 Contractor'sresponsibility withtheotherContractorand

GC-32 OtherAgenciesatsite

GC-34 Rightsofvariousinterests

GC-35 Priceadjustments

GC-36 TermsofPayment

GC-37 RetentionMoney

GC-38 PaymentsduefromtheContractor

GC-39 Contingent Fee

GC-40 BreachofContractbyContractor

GC-41 DefaultofContractor

GC-42 Bankruptcy

GC-43 Ownership

GC-44 Declarationagainstwaiver

GC-45 Lawsgoverningthecontract

GC-46 Overpaymentandunderpayment

GC-47 Settlementofdisputes

GC-48 Disputesofdifferencestobereferredto

GC-49 Arbitration

GC-50 TerminationoftheContract

GC-51 Specialrisks

GC-52 ChangeinConstitution

GC-53 Sub-contractualrelations

GC-54 PatentsandRoyalties

GC-56 Executionofwork

GC-57 Workinmonsoon

GC-58 WorkonSundaysandHolidays

GC-59 GeneralConditionsfor constructionwork

GC-60 DrawingstobesuppliedbytheOwner

GC-61 DrawingstobesuppliedbytheContractor

GC-62 Settingoutwork

GC-63 ResponsibilitiesofContractorforcorrectnessofwork

GC-64 MaterialstobesuppliedbytheOwner

GC-65 ConditionsofissueofmaterialsbytheOwner

GC-66 MaterialsprocuredwithassistanceoftheOwner

GC-67 Materialsobtainedfromdismantling

GC-68 Articleofvalueoftreasurefoundduringconstruction

GC-69 Discrepanciesbetweeninstructions

GC-70 Alternations inspecificationsand designs andextrawork.

GC-71 Actionwhennospecificationsareissued

GC-72 Abnormalrates

GC-73 AssistancetoEngineer-In-Charge

GC-74 Testsforqualityofwork

GC-75 Actionandcompensationincaseofbadworkmanship

GC-76 Suspensionwork

GC-77 Ownermaydopartofthework

GC-78 Possessionpriortocompletion

GC-79 CompletionCertificate

GC-80 ScheduleofRates

GC-81 Procedureformeasurementofworkinprogress

GC-82 Runningaccountpaymentstoberegardedasadvances

GC-83 Noticeforclaimforadditionalpayment

GC-84 PaymentofContractor'sBill

GC-85 FinalBill

GC-86 Receiptforpayment

GC-87 CompletionCertificate

GC-88 Taxes,Duties,etc.

GC-89 Insurance

GC-90 DamagetoProperty

GC-91 ContractortoIndemnifyOwner

GC-92 Implementation ofApprenticeAct1954

GC-93 HealthandSanitaryarrangementsforworkers

GC-94 SafetyCode

GC-95 Accidents

GC-01 DEFINITIONSANDINTERPRETATIONS :

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

expressionsshall,unlessrepugnanttothesubjectorcontextthereof,have the

following means as signed to them.

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

shall include its Municipal Commissioner or other Officers authorized by

the Corporation and also include owner's successors and assignees.

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

whose e-Tender has been accepted by the Owner and includes the

Contractors legal representative, his successors and permitted assigned.

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

the owner from time to time and shall include those who are expressly

authorized by the Corporation to act for and on its behalf for all functions

pertaining to the operation of this contract.

1.5 Engineer-In-Charge's 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 contract. (This includes estimated amount as well as GST and

Contractors’ premium)

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

submissionofe-Tenderwhichmodifyorinterpretthecontractdocuments.

1.9 "ContractTime"–thetimespecifiedforthecompletionofwork.

1.10 "Contract"shallmean agreementbetweenthepartiesfor theexecution 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 "TheSub-Contractor"shallmeananyperson,firmorcompany(otherthan the

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

Contractor with the written consent of the Engineer-In-Charge and the

legal representative successors and permitted assignee of such person,

firm or company.

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

Specifications,provisionsandrequirementsattachedtothecontractwhich

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. ItshallalsomeanthelatestIndianStandardInstituteSpecification

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

CountryappliedinIndianasamatterofstandardengineeringpracticeand

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

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

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

such other drawings as may, from time to time, be furnished or approved

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

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

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

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

contract.Itshallmeanthetotalityoftheworkbyexpressionorimplication

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"PermanentWork"shallmeanworkswhichwillbeincorporatedinand

formpartoftheworktobehandedovertotheownerbytheContractoron

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 andother places, on, under, in or through which

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

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

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

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

whatever nature required in or for execution, completion or maintenance

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

include materials or other things intended to form or forming part of the

permanent work.

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

typed or in printed form delivered personally OR sent by Registered Post

to the last known private or business address or Registered Office 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

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

theEngineer-In-Chargeto effectadditionsor deletionsfrom 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"shallmean 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 "DefectsLiabilityPeriod"shallmeanthespecifiedperiodbetweentheissue of

CompletionCertificate andthe issue of finalcertificate duringwhich 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 therein.

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

instructiongivenbytheEngineer-In-Chargewithinthescopeofhispowers 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 Unlessotherwisespecificallystated,themasculinegendershallincludethe

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

the plural and vice-versa.

GC-02 LOCATIONOFSITEANDACCESSIBILITY:

The intending bidders should inspect the site & make thyself

familiar with site conditions and available communication facilities.

Non-availability of access roads shall in no case be the cause to

condone delay in the execution of the work and no claim or extra

compensation will be paid.

GC-03 SCOPEOFWORK:

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

and specifications. The Contractor shall provide all necessary materials,

equipmentandlabouretc.fortheexecutionandmaintenanceofthework. All

material that go 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

LandforContractor'sFieldOffice,GodownEtc.:

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 RULINGLANGUAGE:

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 INTERPRETATIONOFCONTRACTDOCUMENT:

1. TheprovisionoftheGeneralConditionsofContractandSpecialConditions

ofContractshallprevailoverthoseofanyotherdocumentsofthecontract 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-

Chargeforhisinstructionsanddecision.TheEngineer-In-Charge'sdecision in

such case shall be final and binding to the Contractor.

2. Worksshownuponthedrawingsbutnotdescribedinthespecificationsor

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-

Tenderdocumentsaresolelyforthepurposeofgiving aconcise indication

andnotasummaryofcontentsthereof.Theyshallneverbedeemedtobe 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. WhereanyportionoftheGeneralConditionsofContractisrepugnanttoor

atvariancewithanyprovisionsoftheSpecialConditionsofContract,then, unless

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

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

of Contract to the extent of each repugnancy of variance.

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

codes referred to. If additional requirements are shown in the

specifications, the same shall be satisfied over and above IS and other

8. IfthespecificationsmentionthattheContractorshallperformcertainwork

orprovidecertainfacilities,itshallmeanthattheContractorshalldosoat his own

9. ContractortoCollectHisOwnInformation-

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

investigations for framing an estimate. However, when the work is being

executed,changesinsoilconditionsarelikelytobemetwithinviewofthe

formation of soil, strata in Rajkot District. It is, therefore, desirable that

theContractormakeshisowninvestigationsoradditionalinvestigationsas

maybe required forcorrectly assessing the cost ofdifferent items ofwork

andsubmithise-Tenderaccordingly.Anychangeindescriptionorquantity of an

item shall not vitiate the contract or release the Contractor from

executing the work comprised in the contract according to the drawings

and specifications at the e-Tendered rates.

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

andtherequirementsofmaterialsandlabourinvolved andastowhatever

workhehastocompleteinaccordancewiththecontract.TheContractoris

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

conditionsofrailways,roads,bridgesandculverts,meansoftransportand

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

expectedtobefamiliarwithhisliabilityforpaymentofGovernmenttaxes,

customs and excise duty and other charges etc. in contract with the

execution of this contract.

GC-06 CONTRACTORTOUNDERSTANDHIMSELFFULLY :

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

asto allconsiderations andcircumstancesaffectingthee-Tenderprice, 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

otherwiseexpresslyprovided,willafterwardsbemadebeyondthecontract

price. The Contractor shall be responsible for any misunderstanding or

incorrect information, however, obtained.

GC-07 ERRORSINSUBMISSIONS:

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

particulars supplied by him, whether such particularshave been approved

by the Engineer-In-Charge or not.

GC-08 SUFFICIENCYOFe-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 andspecial conditions in preference to General

Conditions. The special directions or dimensions given in the

specifications shall supercede all else. Should any discrepancies

however, appear or should any misunderstanding arise as to the

meaning and intent of the said specifications or drawings, or as to

thedimensionsorthequalityofthe materialsorthedueandproper

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 finaldecision 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

forthe proper completion of the works as implied by the drawings

and specifications, even though such works and things are not

specially shownand described in the said specifications. In cases

where no particular specifications are given for any article to be

used under the contract, the relevant specifications of the Indian

Standard Institution shall apply.

GC-10 PERFORMANCEGUARANTEE(SECURITYDEPOSIT)

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

Additionalperformanceguaranteeispayableif,

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

upto 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.

4. the contractpriceofferedbytheselectedbidderislowerthan20%ofthe

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

periodandtheadditionalperformancesecurityshallbevalidbeyond28days of

project completion date.

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

Performanceasmentionedabovemaybeintheformsmentionedbelow:

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

Scheduled Bank except co-operative bank.

e) A fixed deposit receipt of any Schedule Bank or Nationalized Bank

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

RajkotMunicipal Corporation, Rajkot.

f) ABankGuaranteefromRajkotBranchofanyNationalizedBankorScheduled

Bank except co-operative bank.

TheperformanceguaranteeshallbedeliveredtotheCorporationwithinten

(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) forextra work willalsoberecovered@ 10% from thebillof

extraworki.e.worksbeyondtenderamount.

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 INSPECTIONOFWORK:

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

authorizedrepresentativeshall, at all timeduring theusualworkinghours and

all times when so notified, remain present to receive orders and

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

beforeobtainingapprovalinwritingoftheEngineer-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

necessaryarrangementasdirectedforinspectionormeasurementofwork by

Engineer-In-Charge.

GC-12 DEFECTLIABILITY:

1. Contractor shall guarantee the work for a period of 60 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-Chargeor indefaultEngineer-In-Chargemaycausethesame 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

thenor any timethereafter becomeduetoContractor or from hissecurity

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

responsibilityforthecareoftheworkincludingalltemporaryworksandin case

any damages, occur from any cause whatsoever he shall at his own

cost,repair andmakegoodthesamesothatoncompletion,workshallbe

ingoodorderandinconformity,ineveryrespect,withtherequirementsof

contract and as per the instructions of the Engineer-In-Charge.

3. Ifatanytimebeforetheworkistakenover,theEngineer-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

(allsuchmaterialsbeinghereinaftercalleddefectsinthisclause)heshall,

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,suchstopsasmayinallcircumstancesberesponsibletomake

goodsuchdefects.Theexpendituresoincurredbyownerwillberecovered 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

FURTHERINSTRUCTIONS:

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-Chargeandintheeventofanydeviationbeingordered,which in

the opinion of the Contractor changes the original nature of the

contract,heshallneverthelesscarryitoutandanydisagreementastothe nature

of the work and the rate to be paid to thereof shall be resolved.

Thetimeofcompletionofworksshall,intheeventofanydeviations being

ordered resulting in additional cost or reduction in cost over the contract

sum, be extended or reduced reasonably by the Engineer-In-Charge. The

Engineer-In-Charge's decision in the case shall be final and binding.

GC-14 PROGRAMME:

The time allowed for execution of works shall be the essence of the

contract. The contract period shall commence from the date of notice of

intimation to proceed. The Bidder at the time of submitting his e-Tender

shall indicate in the construction schedule his programme of execution of

work commencement with the total time specified. The Contractor shall

providetheEngineer-In-Chargeadetailedprogrammeoftimeschedulefor

execution of the works in accordance with the specifications and the

completion date. The entire programme to be finalized by the Contractor,

has to conform to the execution period mentioned along with the Bill of

Quantities in the e-Tender documents. The Engineer-In-Charge upon

scrutiny of such submitted programme by Contractor, shall examine

suitabilityofittotherequirementofcontractandsuggestmodifications,if found

GC-15 SUB-LETTINGOFWORK:

No part of the contract nor any share of interest thereon shall in any

manner or degree be transferred, assigned or sublet by the Contractor

directly or indirectly to any person, firm or Corporation whosoever except

as provided for in the succeeding sub-clause, without the consent in

writing of the owner.

GC-16 SUB-CONTRACTSFORTEMPORARYWORKSETC.:

The owner may give written consent to sub-contractors for execution of

any part of the works at the site, being entered upon the contractor

provided each individual contract is submitted to the Engineer-In-Charge

before being entered into and is approved by him. List of sub-contractors

to be supplied.

Not-withstanding any subletting with such approval as aforesaid and

notwithstanding the Engineer-In-Charge shall have received of any sub-

contractors,theContractorshallbeandshallremainsolelyresponsiblefor 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 TIMEFORCOMPLETION:

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

constructionprogrammeinconsultationwiththeEngineer-In-Chargesoon

after the agreement and the work shall be strictly executed accordingly.

The time for construction includes, the time required for testing,

rectifications,ifany,retestingandcompletionoftheworkinallrespectsto the

entire satisfaction of the Engineer-In-Charge except the items which are

not coming in the way to commission the project.

3. Monsoonperiodfrom1stJulyto30thSeptembershallbeconsidered as non-

working period hence excluded in time limit.

GC-18 EXTENSIONOFTIME:

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

bythe Corporation. The Contractor shallrequest for suchextensionwithin

onemonthofthecause ofsuchdelayand inany casebeforeexpiryofthe

contract period.

GC-19 CONTRACTAGREEMENT:

ThesuccessfulBiddershallenterinto andexecutethecontractagreement

within10(ten)daysofthenoticeofaward,inthe formshownine-Tender

documents with such modifications as may be necessary in the opinion of

theCorporation. Itshall beincumbent ontheContractor topay the stamp

duty and the legal charges for the preparation of the contract agreement.

GC-20 LIQUIDATEDDAMAGES:

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 FORFEITUREOFSECUEITYDEPOSIT:

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

GC-22 ACTIONOFFORFEITUREOFSECURITYDEPOSIT:

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

Contractor shall committed a breach of any of the terms contained in this

contract,theownershallhavepowertoadoptanyofthefollowingcourses 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

tocoveralldepartmentalchargesandcreditinghimwiththevalueofwork 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

c) Tomeasureuptheworkofthecontractorandtotakesuchpartthereofas 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

ownerunderthecontractorotherwiseandfortheexcessexpenditure,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

Contractorshallhavenoclaimsforcompensationforanylosssustainedby him

by reason of his having purchased or procured any materials or

enteredintoanyagreementsormadeanyadvanceonaccountoforwitha 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

andthevaluepayableinrespectthereofandheshallonlybeentitledtobe paid the

value so certified.

In the event of the owner putting in force the powers as stated in a, b, c,

abovevestedinhimundertheproceedingclause,hemay,ifhesodesires, 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

anypartthereofpayingorallowingforthesameinaccountatthecontract rates to

be certified by the Engineer-In-Charge. The Engineer-In-Charge

maygivenoticeinwritingtotheContractororhisrepresentativerequiring 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

withoutanyfurthernoticeastothedate,timeorplaceofthesaleandthe 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 COMPENSATIONFORALTERATIONINORRESTRICTIONINWORK:

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

givenoticeinwritingofthefacttotheContractor,whoshallhavenoclaim to any

payment or compensation whatsoever on account of any profit or

advantagewhichhe mighthave derivedfrom the executionof thework 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

theownershallbeobtainedbeforeanychangeismadeintheConstitution 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

workherebyundertakenbytheContractor.Ineithercase,ifpriorapproval as

aforesaid is not obtained, the contract shall be deemed to have been

allottedcontraventionofsublettingclausehereofandthesameactionmay be

taken and the same consequence shall ensure as provided in the

subletting clause.

GC-24 INTHEEVENTOFDEATHOFTHECONTRACTOR:

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 MEMBERSOFTHEOWNERNOTINDIVIDUALLYLIABLE:

No officialor 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 OWNERNOTBOUNDBYPERSONALREPRESENTATIONS :

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,promiseorguaranteesgivenorallegedtohavebeengiven to

him by any person.

GC-27 CONTRACTOR'SOFFICEATSITE:

The Contractor shall provide and maintain an office at the site for the

accommodationofhisagentandstaff andsuchofficeshallremainopenat all

reasonable hours to receive information, notices or other communications.

GC-28 CONTRACTOR'SSUBORDINATESTAFFANDTHEIRCONDUCT:

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

loadinghandsincludingthosespeciallyqualifiedbypreviousexperienceto

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

opinionoftheEngineer-In-Chargeadditionalproperlyqualifiedsupervision

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

2. If and whenever any of the Contractor's or sub-contractor's agents, sub-

agents,assistants,foremanorotheremployeesshall,intheopinionofthe

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

personremovedfrom the worksheshalldoso after approval of Engineer- In-

Charge and shall bear all costs in connection therewith.

3. TheContractorshallberesponsiblefortheproperbehaviorofallthestaff,

foreman,workmenandothersandshallexercisepropercontroloverthem 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

upontheowner'spremisesshallbeproperlyidentifiedbybadgesofatype

acceptable to the owner which must be worn at all times on owner's

GC-29 TERMINATIONOFSUB-CONTRACTBYOWNER:

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 requesthimtoterminatesuch sub-contractandtheContractor

uponthereceiptof suchnoticeshallterminatesuchsub-contractsandthe 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 POWEROFENTRY:

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) Failtocarryoutworksinconformitywiththecontractdocuments,or

ii) Failtocarryouttheworksinaccordancewiththetimeschedule,or

iii) Substantially suspend work or the works for a period of seven days

without authority from Engineer-In-Charge, or

iv) FailtocarryoutandexecutetheworktothesatisfactionoftheEngineer-

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

performedorobservedorpersistsinanyoftheabovementionedbreaches

ofthecontractfor seven daysafternoticeinwritingshallhavebeengiven to the

Contractor by the Engineer-In-Charge requiring such breach to be

vii) Abandonthework,or

viii) During the continuance of the contract becomes bankrupt, make any

arrangementorcompromisewithhiscreditors,orpermit anyexecutionto

beleviedorgo into liquidationwhethercompulsoryorvoluntarynotbeing

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, torelatethesameupon any termstosuchotherpersonfirm 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-Chargetobereasonableandwithoutmakinganypaymentorallowance

totheContractorfortheuseofsaidtemporaryworks,constructionalplant 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

alloranyoftheconstructionalplant,materialsetc.,consistconstructedby or

belonging to and to recoup and retain the said deficiency or any part

thereof out of the proceeds of the sale.

CONTRACTOR'SRESPONSIBILITYWITHTHEOTHERCONTRACTORAN

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 hisportion of thework to theEngineer-In-Chargeandgetthe

approval. The Engineer-In-Charge before approving the joint scheme will

callthepartiesconcernedandmodifytheschemeifrequired.Noclaimwill be

entertained on account of the above. The Contractor shall conform in

allrespectswiththe provisionsof anystatutoryregulations,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 OTHERAGENCIESATSITE:

The Contractor shallhave 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

AnynoticeunderthiscontractmaybeservedontheContractororhisduly

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 RIGHTSOFVARIOUSINTERESTS:

The owner reserves the right to distribute the work between more than

one Contractors. Contractor shall co-operate and afford reasonable

opportunity to other Contractor s for access to the works, for the carriage

andstorageofmaterialsandexecutionof theirworks.Wheneverthework 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 PRICEADJUSTMENTS:

No adjustment in price shall be allowed and no price escalation will be

GC-36 TERMSOFPAYMENT:

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

agreedtobythepartiesshallbemadegenerallymonthlyonsubmissionof 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 RETENTIONMONEY:

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 PAYMENTSDUEFROMTHECONTRACTOR :

All costs, damages or expenses, for which under the contract, Contractor

is liabletotheCorporation, may bededucted bytheCorporationfrom 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 CONTINGENTFEE:

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

Corporationtherighttocancelthecontractortotakeanydrasticmeasure 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 BREACHOFCONTRACTBYCONTRACTOR:

If the Contractor fails to perform the work under the contract with due

diligenceorshallrefuseorneglecttocomplywithinstructionsgiventohim 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

haveunderthecontract,toterminatethecontractforallorpartofthe

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

completedandtheCorporationshallhavefreeuseofanyworkswhichthe

Contractormayhave atthesiteatthetimeoftermination ofthecontract.

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

workwithin10daysofreceiptofnotice,RajkotMunicipalCorporationmay

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

remainingworkwillbeexecutedthroughotheragencyattheriskandcost of the

GC-41 DEFAULTOFCONTRACTOR:

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) IfintheopinionoftheCorporation,theContractorfailstocomplywithany of the

other provisions of this contract.

ii) In the event, the Corporation terminates the contract in whole or in part

asprovidedinArticleGC-50(TerminationoftheContract)theCorporation

reserves the right to purchase upon such terms and in such manner as it

maybedeemappropriate,plantsimilartoonewhichisnotsuppliedbythe

Contractor and the Contractor will be liable to the Corporation for any

additional costs for such similar plant and / or for liquidated damages for

delayuntilsuchtimeasmayberequiredforthefinalcompletionofworks.

iii) IfthiscontractisterminatedasprovidedinthisparagraphGC-40AND/OR GC-30

(Power of Entry)(1)the Corporation in additionto any other rights provided

in this clause, may require the Contractor to transfer title and deliver to

the Corporation.

a) Anycompletedworks

b) Suchpartiallycompleted informationandcontract rightsastheContractor has

specifically produced or acquired for the performance of the contract so

iv) In the event, the Corporation does not terminate the contract as provided

in the paragraph GC-50 (Termination of Contract) the Contractor shall

continue performance of the contract, in which case, he shall be liable to

the Corporation for liquidated damages for delay until the works are

completed and accepted.

GC-42 BANKRUPTCY:

If the Contractor shall become bankrupt or insolvent or has a receiving

ordermadeagainsthim,orcompoundwithhiscreditors,orbeingthe

Corporation commence to be wound up not being a member voluntary

windingupforthepurposeofamalgamationorreconstruction,orcarryon 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,

a) Whentheworksarecompletedpursuanttothecontract.

b) Whenthecontractorhasbeenpaidanysumtowhichhemaybecome entitled in

respect thereof pursuant to Clause GC-36 (Terms of Payment).

GC-44 DECLARATIONAGAINSTWAIVER:

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

beconstruedasawaiveroftheCorporation'srights,powersandremedies under

the contract in respect of any breach or breaches.

GC-45 LAWSGOVERNINGTHECONTRACT:

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 OVERPAYMENTANDUNDERPAYMENT:

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

postpaymentauditandtechnicalexaminationsofthefinalbillincludingall

supporting vouchers, abstracts etc. The Corporation further reserves the

righttoenforcerecoveryofanypaymentwhendetected,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

theContractorasprescribedabove.Ifanyunderpaymentisdiscoveredby

theCorporation,theamountduetotheContractorunderthiscontract,

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 SETTLEMENTOFDISPUTES:

Except as otherwise specifically provided in the contract, all disputes

concerningquestions offactarisingunderthecontractshallbedecidedby 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

shallbesettled asprovidedin Article GC-48(Disputesordifferences tobe

referred to) and Article No.GC-49 (Arbitration).

GC-48 DISPUTESOFDIFFERENCESTOBEREFERRED TO:

If at any time, any question, disputes or differences of any kind

whatsoevershallarisebetweentheEngineer-In-Chargeandthecontractor

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.Suchdecisionshallbefinalandbindinguponbothparties.The

contract and work on contract if not already breached or abandoned shall

proceednormallyunlessanduntilthesameshallberevised(oruphold)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,

whichOrder,willhereafterreferredandtakenintoconsiderationforArbitration

related purpose.

GC-50 TERMINATIONOFTHECONTRACT:

i) IftheContractorfindsitimpracticabletocontinueoperationowingtoforce

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

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 allbonds and guarantees at its disposal

except in cases where the total amount of payment made to the

except in cases where the total amount of payment made to the

Contractor exceeds the final amount due to him in which case the

Contractorshallrefundtheexcessamountwithinthirty(30)daysafterthe

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

totheinterestsoftheCorporationwithrespecttocompletionsafeguarding of

storing materials procured for the performance of the contract and the

salvage and resale thereof.

GC-51 SPECIALRISKS:

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

financiallyorotherwisemateriallyaffectstheexecutionofthecontract,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

anyitemaftertheonsetofsuchspecialrisks,toterminatethecontractby 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 CHANGEINCONSTITUTION :

Wherethe Contractor isapartnershipfirm,thepriorapprovalinwritingof

theownershallbe obtainedbefore anychange is made inthe constitution of

the firm. Where the Contractor is an individual or undivided family

business concern such approval as aforesaid shall likewise be obtained

before the Contractor enters into any partnership agreement where under

the partnership firm would have the right to carry out the works hereby

undertaken by the Contractor. If prior approval as aforesaid is not

obtained, the contract shall be deemed to have been assigned in

contravention of contract.

GC-53 SUB-CONTRACTUALRELATIONS:

Allworksperformedforthecontractby asub-contractorshallbepursuant 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) Requirethatsuchworkbeperformedinaccordancewiththerequirements 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

contractdocumentsforlikeclaimsbytheContractorupontheCorporation.

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 PATENTSANDROYALTIES:

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

agreestopayallroyaltiesandlicensefees,whichmaybeduewithrespect thereto.

If any equipment, machinery, materials, composition matters, to

beusedor suppliedor methods practicedor employedinthe 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

patentswhichisbroughtagainsttheContractorortheownerasaresultof 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 of the clause.

3. TheContractorshallindemnifyandsaveharmlesstheownerfromanyloss 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

aspaidfrom any money whichmay bedueor becomedueandpayableto

theContractor.Ifanylienorclaimsremainingunsettledafterallpayments 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 EXECUTIONOFWORK:

Thewholeworkshallbecarriedoutinstrictconformitywiththeprovisions 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 WORKINMONSOON:

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 WORKONSUNDAYSANDHOLIDAYS:

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 theEngineer-In-Chargeshall

be obtained in advance.

GC-59 GENERALCONDITIONSFORCONSTRUCTIONWORK:

Working hours shall be eight every day. The over time work in two shifts

couldbecarriedoutwiththewrittenpermissionoftheEngineer-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

progressreporteveryweek.Thedetailsandproformaofthereportwillbe as per

mutual agreement.

GC-60 DRAWINGSTOBESUPPLIEDBYTHEOWNER:(N.A.)

The drawings attached with the e-Tender documents shall be for general

guidanceoftheContractortoenablehimtovisualizethetypeofwork

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 DRAWINGSTOBESUPPLIEDBYTHECONTRACTOR:

Where drawings, data are to be furnished by the Contractor they shall be

as enumerated in special conditions of contract and shall be furnished

withinthespecifiedtime.Whereapprovalofdrawingshasbeenspecifiedit 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.

Contractor Engineer-In-Charge

Drawings willbe approved within three (3 weeks of the receipt of the same

by the Engineer-In-Charge.

GC-62 SETTINGOUTWORK:

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

allnecessaryprecautionstopreventtheirremovalordisturbanceandshall be

responsible for the consequences for such removal or disturbance. The

Contractor shall also be responsible for the maintenance of all existing

survey marks, boundary marks, and distance marks and centerline marks

either existing or face lines and cross lines shall be marked by small

masonry pillars. Each pillar shall have distance mark at the center for

setting up the theodolite. The work shall not be started unless the setting

out is choked and approved by Engineer-In-Charge in writing but such

approval shall not relieve the Contractor of his responsibilities about the

correctness of setting out. The Contractor shall provide all materials,

labour and other facilities necessary for checking at his own cost. Pillars

bearing geodetic marks on site shall be protected by the Contractor. On

completion of the work, the Contractor shall submit the geodetic

documents according to which the work has been carried out.

RESPONSIBILITIESOFCONTRACTORFORCORRECTNESSOFTHEWOR

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 anyerrorhascreptintheworkduetonon-observanceofthisclauseThe

Contractor will be responsible for the error and bear the cost of corrective

1. MaterialstobesuppliedbytheContractor:

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

anynature.OwnershallinsistforprocurementofmaterialswithISImarks

supplied by reputed firms of the DGS & D list.

2. If however, the Engineer-In-Charge feels that the work is likely to be

delayedduetoContractor'sinabilitytoprocurematerials,theEngineer-In-

Charge shallhave the right to procure materials, from the market and the

ContractorwillacceptthesematerialsattheratesdecidedbyEngineer-In-

GC-64 MATERIALSTOBESUPPLIEDBYTHEOWNER:

1. If the contract provided certain materials or stores to be supplied by the

owner,suchmaterialsandstorestransportedbytheContractorathiscost 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

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

conditionatContractor'scost.Whenmaterialsaresuppliedfreeofcostfor

useinworkandsurplusandunaccountedbalancethereofarenotreturned

totheowner,recoveryinrespectofsuchbalancewillbeeffectedatdouble the

applicable issue rate of the material or the market rates whichever is

GC-65 CONDITIONSOFISSUEOFMATERIALSBYTHEOWNER:(N.A.)

The materials specified to be issued by the owner to the Contractor shall

beissuedbytheownerathisstoreandallexpensesforitcartingsiteshall

bebornebytheContractor willbeissuedduringworkinghoursand asper 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,

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-

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

nocasetheContractorshallbeentitledtoclaimanycompensationforloss

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 accountof 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 MATERIALSPROCUREDWITHASSISTANCEOFTHEOWNER:

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

materialsastrusteesforowner,andusesuchmaterialsnotdisposedthem 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-Chargeshalldeterminehavingdueregardtotheconditionsof

thematerials.ThepriceallowedtoContractorshallnotexceedtheamount

chargedto him excluding the storageof breachof the aforesaidcondition,

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

rateornotbeingavailableinthemarketthenanyotherratetobe

determined by the Engineer-In-Charge at his decision shall be final and

GC-67 MATERIALSOBTAINEDFROMDISMANTLING:

If the Contractor, in the course of execution of work, is called upon to

dismantle any part of work for reasons other than on account of bad or

imperfect work, the materials obtained from dismantling will be property

of the owner and will be disposed off as per instructions of Engineer-In-

Charge in the best interest of the owner.

GC-68 ARTICLE OF VALUE OF TREASURE FOUND DURING CONS-

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 DISCREPANCIESBETWEENINSTRUCTIONS:

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 themeaningof 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 ALTERATIONSINSPECIFICATIONS&DESIGNS&EXTRAWORK:

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 boundto carry outsuch altered/ extra /

newitemsofworkinaccordancewithanyinstructionswhichmaybegiven to him

in writing signed by Engineer-In-Charge and such alteration omissions,

additionsor substitutions, shallnotinvalidatecontract andany altered,

additional or substituted work shall be carried out by the

Contractoronthesameconditionsofcontract.Thetimeofcompletionmay 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

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

asperS.O.R.ofRMCandifnotavailableinRMCSORthanitwillbe paid

according to SOR of R&B/GWSSB.

d) If the rates of altered, additionalor substitute work cannot be determined

asspecifiedin(a)or(b)or (c)above,theContractorshallwithinseven

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 ACTIONWHENNOSPECIFICAITONSAREISSUED:

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 ABNORMALRATES:

Contractor isexpectedto quoterateforeachitem aftercarefulanalysisof cost

involved for the performance of the completed item considering all

specifications and conditions of contract.

GC-73 ASSISTANCETOENGINEER-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 TESTSFORQUALITYOFWORK:

1. All workmanship shall be of the best kind described in the contract

documents and in accordance with the instructions of Engineer-In-Charge

andshallbesubjectedfromtimetotimetosuchtestsat Contractor'scost 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, labourandmaterialsasarenormallyrequiredfor

examining,measuring andtestingof any work of workmanshipasmay be

selected and required by Engineer-In-Charge.

2. Alltestsnecessary inconnectionwiththe executionof work as decidedby

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 ACTIONANDCOMPENSATIONINCASEOFBADWORKMANSHIP:

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

inhisaforesaiddemand, Contractorshallbeliabletopaycompensation 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-

Chargemay onexpiryofthenoticeperiodrectifyandremove andre-

executetheworkorremoveandreplacewithothersattheriskand 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 SUSPENSIONWORK:

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

entitledtoclaimcompensationforanylossordamagesustainedbyhimby

reasonoftemporarysuspensionofworkasaforesaid.Anextensionoftime 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 OWNERMAYDOPARTOFTHEWORK:

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 POSSESSIONPRIORTOCOMPLETION:

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

inthetimeofcompletionwillbemadeandthecontractshallbedeemedto be

modified accordingly.

GC-79 COMPLETIONCERTIFICATE:

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

thedateonwhichworkhasbeencompletedandhaspassed thesaidtests

andownershallbedeemedtohavetakenoverworkonthedateso

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,whichwill,however,beforsuchgrouporgroupssotakenover.

In order that Contractor could get a completion certificate, he shall make

goodwillallspeedanydefectarisingfromthedefectivematerialssupplied by

Contractor of workmanship or any act or omission of Contractor that

mayhavebeendiscoveredordevelopedaftertheworkorgroupsofworks

hasbeentakenover.Theperiodallowedforcarryingoutsuchworkwillbe

normally, one month. If any defect be not remedied within the time

specified,ownermayproceedtodoworkatContractor's(Agency,orFirm) 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,acompletioncertificatehasnotbeenissuedinrespectofevery

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

affordedreasonableopportunityforcompletionofthatworkortheportion

thereof so used as aforesaid shall be afforded reasonable opportunity for

completion of that work for the issue of completion certificate.

GC-80 SCHEDULEOFRATES:

1. The rates quoted by the Contractor shallremain firm tillthe 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

andhandingovertheworktoownerbyContractor.Thecontractorshallbe

deemed to have known the nature, scope, magnitude and the extent of

workandmaterialsrequiredthoughcontractdocumentsmaynotfullyand

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. TheScheduleofRatesshallbedeemedtoincludeandcoverthecostof 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

respectandmaintainedasshownordescribedinthecontractdocumentor as

may be ordered in writing during the continuance of the contract.

3. TheScheduleofRatesshallbedeemedtoincludeandcoverthecostof 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

accountof delay and interferencewithContractor'sconduct ofworkwhich

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

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 PROCEDUREFORMEASUREMENTOFWORKINPROGRESS:

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'sauthorizedagent.Suchmeasurements willbegotrecordedin 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

presentwheneverrequiredbytheEngineer-In-Chargefortakingmeasures for

every reasons whatsoever, the measurement will be taken by the

Engineer-In-Charge or his authorized representative not withstanding 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

GC-82 RUNNINGACCOUNTPAYMENTSTOBEREGARDEDASADVANCES:

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 NOTICEFORCLAIMFORADDITIONALPAYMENT:

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-Chargewithinten(10) daysfromthe happeningof anyevent

uponwhich Contractor basis such claims and such notice shallcontain 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

suchclaim andno delay indealing therewithshall waiver byowner or any

rights in respect thereof.

GC-84 PAYMENTOFCONTRACTOR'SBILL:

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. NopaymentshallbemadeforworkcostinglessthanRs.2,00,000/-tillthe

workiscompletedandacertificateofcompletionforConstructionisgiven.

ButincaseofworkestimatedtocostmorethanRs.2,00,000/-,Contractor

onsubmittingthebillthereofwillbeentitledtoreceiveamonthlypayment

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 Branch of RMC.

GC-85 FINALBILL:

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 RECEIPTFORPAYMENT:

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 COMPLETIONCERTIFICATE:

1. WhentheContractorfulfilshisobligationaspertermsofcontract,heshall be

eligible to apply for Completion Certificate. Contractor may apply for

separateCompletionCertificate in respectof each suchportionof work by

submitting the completion documents along with such application for

Completion Certificate.

TheEngineer-In-Chargeshallnormally issuetoContractor theCompletion

Certificatewithinone(1)monthafterreceivinganapplicationthereoffrom

Contractor after verifying, from the completion documents and satisfying

himselfthatworkhasbeencompletedinaccordancewithandassetoutin 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. Withinonemonthofcompletionofworkin allrespectsContractorshall 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

requirementsasaforesaidor beforedatefixedfor thecompletionof work, the

Engineer-In-Charge may at the expense of Contractor remove such

scaffolding, surplus materials and rubbish and dispose off the same as he

3. Thefollowingdocuments willformthecompletion documents:-

a) Technicaldocumentsaccordingtowhichtheworkhasbeencarriedout.

b) Threesetsofconstructiondrawings showingthereinthemodificationsand

corrections made during the course of execution signed by the Engineer-

c) CompletionCertificatefor"Embedded"or"Covered"upwork.

d) Certificateoffinallevelsassetoutforvariousworks.

e) Certificateoftestperformedforvariouswork.

f) Material appropriation statement for the materials issued by owner for

workandlistofsurplusmaterialsreturnedtoowner'sstoredulysupported 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