Annual Rate Contract For Repairing, Maintenance and new work of footpath and watertable, divider, chainlizer, traffic island, activity area, P.C.C and laying cement concrete Guard Stone and Setting or Resetting stone paving or Pever block work in Sub Zone-1 in South Zone-A (Udhana)

Name of work:Annual Rate Contract For Repairing, Maintenance and new work of

footpath & watertable, divider, chainlizer, traffic island, activity

area, P.C.C and laying cement concrete Guard Stone and

Setting/Resetting stone paving/ Pever block work in Sub Zone-1 in

South Zone-A (Udhana)

Tender (On Line) Notice No. DMC/SZ-A/05/2026-27

VOLUME-I : TECHNICAL BID

DOWNLOAD OF TENDER DOCUMENTS : From 27/07/2026 to 17/08/2026upto

FROM website smc.nprocure.com 18.00 hrs.

DATE OF PRE-BID CONFERENCE : -

LAST DATE OF SUBMISSION OF : On or Before 17/08/2026 upto

ONLINE TENDER( soft copy) hrs

LAST DATE OF SUBMISSION OF : Upto 25/08/2026, to Chief Accountant,

TENDER FEES, EMD AND OTHER SMC,Muglisara, Surat by

DOCUMENTS IN HARD COPY R.P.A.D./Speed Post upto 18.00 hrs.

Opening of Online technical bid : Dt.18/08/2026,11.00 hrs. (probable

Opening of tender fee, EMD and other : 27/08/2026, (probable date)

documents etc. in hard copy

ESTIMATED AMOUNT : Rs.88,26,035.92

DOCUMENT FEES : Rs.2400/- + 18% G.S.T.= Rs.

TENDER TO BE SUBMITTED TO:

THE CHIEF ACCOUNTANT,

SURAT MUNICIPAL CORPORATION, MUGLISARA

SURAT MUNICIPAL CORPORATION

TENDER DOCUMENT

PARTICULARS PAGE NO.

1 NOTICE INVITING TENDER

ANNEXURE-I (Performa for list of works of similar nature already completed by the Tenderer

during last 7 years.)

3 ANNEXURE-II (Performa for declaration regarding work on hand with the tenderer.)

5 CONTRACTOR TO PLEASE READ THIS CAREFULLY

6 DECLARATION FORM

7 INSTRUCTION TO TENDERER

8 GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE FOR CONTRACTOR

9 GENERAL CONDITIONS OF CONTRACT

RESPONSIBILITY OF CONTRACTOR UNDER CONSTRUCTION AND DEMOLITION

WASTE ( C & D WASTE) RULES

11 SPECIAL CONDITIONS OF CONTRACT

14 CONDITION FOR THE WATER SUPPLY AND ELECTRIC SUPPLY

15 IMPORTANT INSTRUCTION-A TO THE CONTRACTOR

16 IMPORTANT INSTRUCTION-B TO THE CONTRACTOR

17 SPECIAL NOTE

18 SPECIFICATIONS OF MATERIALS

19 GENERAL TECHNICAL SPECIFICATION FOR THE BUILDING WORKS

20 ITEMWISE DETAILED TECHNICAL SPECIFICATIONS

21 ANNEXURE-A AFFIDAVIT

(UNDERTAKING BY THE TENDERER FOR NOT BLACK LISTED)

24 CHECKLIST FOR THE BIDDER

SURAT MUNICIPAL CORPORATION

1.0 NOTICE INVITING TENDER

(A) RECEIPT AND OPENING OF TENDER :

Online Tenders will be received from the established and reliable contractors From 27/07/2026 to

17/08/2026 upto 18.0 hours on website smc.nprocure.com. The tender received after due time and date

specified will not be accepted.

(B) Annual Rate Contract For Repairing, Maintenance and new work of footpath & watertable, divider,

chainlizer, traffic island, activity area, P.C.C and laying cement concrete Guard Stone and

Setting/Resetting stone paving/ Pever block work in Sub Zone-1 in Sin South Zone-A (Udhana).

1.ESTIMATED COST : Rs.88,26,035.92

2.EARNEST MONEY DEPOSIT : Rs.

3.TIME LIMIT :12 (Twelve) months(Excluding monsoon)

4.Document Fee : Rs.2400/- + 18% G.S.T.= Rs. 2832/-

5.Registration required : ‘D’ class

(C) OPENING OF TENDERS:

The tenders will be opened online in presence of bidders and opening authority subject to receipt of Tender

Fees & EMD in hard copy in account department (Main Office). But tenderer has to upload relevant

documents as required /mentioned in the technical bid in Soft Copy (By Scanning) .The tenders will be

opened in two stages i.e Technical Bid and Commercial Bid.

(D) PURCHASE OF TENDER DOCUMENTS :

Tender Documents can be downloaded from smc.nprocure.com from Dt.27/07/2026 to 17/08/2026 up to

Tender documents fees of Rs.2400/- + 18% G.S.T.= Rs. 2832/-per set which is required for submission of

tender towards the cost of tender documents in cash, pay order or by demand draft of any nationalized bank,in

favour of "The Commissioner, Surat Municipal Corporation" payable at Surat and shall be submitted alongwith

EMD and other documents. The cost of the Tender Documents will not be refunded in any circumstances. The

Surat Municipal Corporation shall not be liable for any postal delay in any case.

 Demand Draft for E.M.D. & Tender (Bid) fee shall be submitted in electronic format through online

mode (by scanning) while uploading the bid. This submission shall mean that E.M.D. & tender fee are

received for purpose of opening of the bid. Accordingly, offer of those shall be opened whose E.M.D. &

tender (bid) fee is received electronically. However, for the purpose of realization of D.D. bidder shall

send the D.D. in original through RPAD / Speed post as per to reach to Chief Accountant, SMC within

days from the last date of online submission of the bid as per tender notice.

 Penaltative action will be taken for not submitting original Demand Draft in the account department

of Surat Municipal Corporation within 7 days from the last date of online submission of the bid for the

first time as mentioned below.

Sr. No. Tender Amount Penalty Amount in

1. Up to Rs. 1 Crore Rs. 10,000/-

2. More than Rs. 1 Crore and Upto Rs. 10 Crore Rs. 20,000/-

3. More than Rs. 10 Crore and Upto Rs. 50 Crore Rs. 30,000/-

4. More than Rs. 50 Crore and Upto Rs. 100 Crore Rs. 70,000/-

5. More than Rs. 100 Crore Rs. 1,00,000/-

 If bidder will not submit the penalty amount within 10 days to Surat Municipal Corporation

and/or bidder will not submit the demand draft in original for the second time and after, Penaltative

action shall be taken for abeyance of registration and cancellation of E-tendering code for 6 (six)

 Any documents in supporting of bid shall be in electronic format only through online (by scanning) &

hard copy will not be accepted separately.

(E) CONTRACT PERIOD :

The total contract period is hereby fixed as 12 (Twelve) months (Excluding monsoon)from the 10th Day of

issuance of work order.

(F) Tenderer must comply with and agree to all instructions & requirements in the Notice and in the Instructions to

Tenderers, including requirements in the Contract Documents.

(a) All tenders must be submitted in the prescribed Tender form.

(b) Each Tender must be accompanied by the completion Schedule.

(c) Each tender must be accompanied by the Tender Security (Earnest Money Deposit) Rs.89,000/-

(d) The successful tenderer shall execute the Contract Agreement within ten days after the date of Notice of

(e) The successful Tenderer will be required to furnish a performance bond (Security Deposit) of and

amount equal to (2%) Two percent of the tendered amount.

(f) The successful Tenderer shall furnish insurance in accordance with the contract documents.

(g) The Surat Municipal Corporation may withhold issuance of the Notice of proceed for a period not

exceeding fifteen days after the date of execution of the contract agreement.

(h) The tender and tender guarantee bond (Earnest Money Deposit) shall be submitted by the Agency in

whose name tender has been issued. Transfer of tender documents to any other party is prohibited.

(i) All intending tenderers will have to purchase digital signatures in order to participate in the online bidding

(j) All the applicant contractors are required to have their own employers code number under EPF Act,

and are required to comply the applicable provisions of said statute regularly and totally.

(k) Further the contractors for services are required to produce thecertified copies of paid challans in respect of

employees/workers employed by said contractor in respect of work allotted by Surat

Municipal Corporation, along with copies of Pay Roll and MusterRoll. If the same are not produced, the bills

will not be released.

(G) RECEIPT OF TENDER DOCUMENTS :

The following details are to be submitted online on smc.nprocure.com :

a. Document fees and EMD Details

b. Commercial Bid

c. Annexure I to II along with all necessary supporting documents

d. Bank solvency

f. GST Registration

g. Power of attorney

h. Partnership deed in case of Partnership firm.

i. Affidavit of Annexure A on Non Judicial Stamp Paper of Rs.300/-

j. Under Taking By The Tenderer For Not Black Listed Non Judicial Stamp Paper of

The following details shall be submitted in hard copy at prescribed address :

a. Tender fees in prescribed format

b. Earnest Money Deposit in prescribed format

c. Affidavit of Annexure A on Non Judicial Stamp Paper of Rs.300/-

d. Under Taking By The Tenderer For Not Black Listed Non Judicial Stamp Paper of Rs300/-

Demand Draft for E.M.D & Tender fee shall be submitted in electronic format only through online (by scanning) while

uploading the bid. This submission shall mean that E.M.D. & tender fee are received for purpose of opening the bid.

Accordingly offer of those shall be opened whose E.M.D. & Tender fee is received electronically. However for the

purpose of relization of D.D bidder shall send the D.D in original through RPAD/ speed post so as to reach to Account

department (Main Office) within 7 days from the last date of uploading. Penaltativeaction for not submitting D.D in

original to Account Department (Main Office) by bidder shall be initiated and action shall be taken for abeyance of

registration & cancellation of E-Tendering code for 1 year. Any documents in supporting of bid shall be in electronic

format only through online (by scanning) and electronic format only through online (by scanning) will not be accepted

Please note that commercial bid shall not be submitted in hard copy under any circumstances. This will hold the

tender liable for rejection

(H) Tender Validity Period :

The validity period of the tender submitted for this work shall be of one hundred twenty (120) calendar days

from last date of submission of tenderfor this work and the Tenderer shall not be allowed to withdraw or

modify the tender offer on his own during the validity period.

(I) Rights Reserved :

Without assigning any reason, The Surat Municipal Corporation reserves the right to reject the lowest or any

other or all tenders or part of its. To waive any informality or irregularity in any tender, which in the opinion of

the Surat Municipal Corporation does not appear to be in its best interest and the tenderer shall have no cause of

action or claim against the Surat Municipal Corporation or its officers, employee, successors or assignees for

rejection of this tender.

The Surat Municipal Corporation further reserves the right to withhold issuance of the notice to proceed, after

execution of the contract agreement by the successful Tenderer. The Surat Municipal Corporation is not obliged

to give reasons for any such action.

During Tender validity period, if any Tenderer withdraws or makes any modifications or additions in the terms

and conditions on his own in this tender, then The Surat Municipal Corporation shall without prejudice to any

right or remedy be at liberty to reject the tender and forfeit the Earnest Money Deposit in full. Such Tenderer

may be disqualified from tendering for further works under the jurisdiction of The Surat Municipal Corporation.

The Surat Municipal Corporation reserves the right to increase or decrease the scope of work and split the

tender in two or more parts without assigning any reason even after the award of contract.

Executive Engineer,

South Zone-A (Udhana)

Surat Municipal Corporation.

Signature of the Contractor With seal

ANNEXURE-I TO II FOR PRE-QUALIFICATION

TO BE FILLED IN BY TENDERER

Performa for list of works of similar nature already completed by the

Tenderer during last 7 years.

Sr. Name of work and Place Cost on Time taken in Client name Date of

No. Completion months to completion

Note: Bidder shall give completion certificate from client. In absent of such completion certificate, experience shall

not be considered for evaluation. If completion certificate covers "Similar work (as per IT-04) with other work" then

bidders shall have to submit copied of final bill indicating similar work or certificate of amount including "Similar

work" from relevant authority.

Please Fill above details attached separate sheet.

Signature of the Contractor

Performa for declaration regarding work on hand with the tender:

Sr. No. Name of Estimated Date of Stipulated Amount of Brief details Name of

work with Cost Issue of period of work done of delay if client

place work order completion any

Present liability = Total of column 3 - Total of column-6

Signature of the Contractor

Note: Amount of work done in Column 6, should be given up to the month previous to the month in which tender are

Please Fill above details attached separate sheet.

• I, the undersigned, do hereby certify that all the statements made in the required attachments are ture and

correct. I also understand that in case of wrongful/false information, corporation is entitled to take any civil &

criminal punitive action against me / us.

• The undersigned also hereby certifies that neither our firm M/s____________________

nor any of its constituent partners have abandoned any work in India nor any contract awarded to us has been

rescinded during last five years, prior to the date of this bid.

• The undersigned hereby authorize(s) and request(s) any bank, person, authorities, government or public limited

institutions, firm or corporation to urnish pertinent information deemed necessary and requested by the SMC to

verify our statements of our competence and general requtation etc.

• The undersigned understands and agrees that further qualifying information may be requested,and

agrees to furnish any such information at the request of the SMC.

• The SMC and its authorized representatives are hereby authorized to conduct any inquiries or investigations to

verify the statements, documents, and information submitted in connection with this bid and to seek clarification

from our bankers and clients regarding any financial and technical aspects. This Affidavit will also serve as

authorization to any individual or authorized representative to any institution referred to in the supporting

informantion, to provide such information deemed necessary and requested by representative of Surat Municipal

Corporation to verify statements and information provided in the Tender or with regard to the resources,

experience and competence of the Applicant.

Signed by the Authorize signatory of the firm

Title of the office

Name of the firm

Note:- The affidavt format as indicated above to be furnished on non-judical stamp paper of Rs.300 and duly notarized

UNDER TAKING BY THE TENDERER FOR NOT BLACK LISTED

Solemnly affirm and state that on oath that........................... (Name of Tenderer) has not been black

listed by any Government/Semi Government/Public Sector Undertaking/Public limited and not has been

banned/suspended business dealings with the said firm.

The information given above is true to the best of my knowledge.

I/We agree that if any notice in future, my/our bid/tender shall be rejected/terminated

SIGNATURE AND SEAL OF THE CONTRACTOR:

Note:- The affidavt format as indicated above to be furnished on non-judical stamp paper of Rs.300 and duly notarized

SURAT MUNICIPAL CORPORATION

SOUTHZONE-A(UDHANA)

CONTRACTOR TO PLEASE READ THIS CAREFULLY

(1) If the tender is taken in favour of the company, a company of attorney in favour of the person who may have

signed the tender for the conpany, must accompany the tender.

(2) Solvency certificate of current year Bank or a Revenue Officer of an amount upto 20% of the tender cost

plus works on the hand still to be executed will have to be produced by the contractor.

(3) Voucher for earnest money must accompany the tender. Tenderer may pay earnest money in form of a

crossed demand draft of a local Bank drawn in favour of the Municipal Commissioner. Earnest Money by

cheque shall not be accepted.

(4) In view of the latest circular of IT Department IT clearance certificate is not required. However the

contractor shall give zerox copy of the PAN card. Also provide GST Number and necessary documents as

per Govt resolution.

(5) Copies of certificate as regards previous experience of Govt. or Semi Govt. Dept., if any must accompany

An attested copy of registration with MES, Various department of State Govt., Surat Municipal

Corporation, CPWD etc.

(6) Declaration showing all works on hand with the contractor and the value of works that remains to be

executed in each case must accompany the tender.

(7) All pages of Schedule: `A & B' & specification should be intialed by the contractor.

(8) All corrections, errasures & over writing should be initialed by the contractor.

(9) Descripancies and adjustment of errors:-Any error in quantity or amount in Schedule-`B' showing item of

words to be carried out shall be adjusted in accordance with the following rules:-

(a) In the event of a discrepancy between description in works and figures quoted by a tenderer in the `rates'

column, the descriptions in words shall prevail.

(b) In the event of and error occuring in the amount column of the Schedule- `B' showing items of works as a

result of worng multiplication of the unit rate and quantity, the units rate shall be regarded as firm and

multiplication shall be amended on the basis of the rate.

(c) All the errors in totalling in amount column and in carrying forwarded total shall be corrected.

(d) Any rounding of amounts against item' or in totals' shall be ignored.

The tendered sum so altered shall, for the purpose of the tenders, be substitued for the sum originally

tendered and considered for accetpance.

(10) (i) It may please be noted that the tender shall be considered as invalid specially, if the requirements as per

insiruction No.1 to 9 above are not compleied with before submitting the tender. Also please read carefully

the face sheet and "General Rules and Direction for the suidance of contractor" of his form.

(ii) Right is reserved to reject any or all tender (s) without assigning any person (s) thereof.

(11) In addition to the above the tender will also be liable to rejected outright if :-

(i) The tenderer proposes any alteration in the works specified or in the time allowed for carryin out the work or

any conditions or correction made in any code or made of Schedule-`B' or specifications.

(ii) Any of the page or pages of the tender is removed or replaced.

(iii) All corrections, additions or pasted slips are not initaled by the tenderer.

(iv) Any erasures is made by him in the tender

(v) The tenderer or in the case of a firm, each partner or person holding the power of attorny thereofdoes not

signed or the signature/s is/are not attested by awitness on page-9 of the tender in the spacefor the purpose

(12) In respect of the tenders from the co-operative society, a solvency certificate of an amount equal to 20%

of the amount of the work put to tender will have to be produced alongwith the tender or a certificate

regarding the borrowing capacity if the society issued by the leagal Assistant, Directorate of Cottage

Industries will have to be produced alongwith the tender.

(13) (1) The serveral documents formining the contract are the essential part of the contract and requirement

occuring in one is as binding as through occuring in all, they are intended to be mutually explantory and

complementary and to described and provide for a complete work.

(2) In the event of any descrpeaney, the serveral documents forming the contract or in any the document,

the following order or precedence should apply:-

(a) Dimension & quantities :-

(ii) Schedule-B of the tender form.

(iii) Specification.

On drawings, figures, dimensions, unless obviously incorrect will followed in preference to seeled

(b) Description :

(i) Scheudule-B of the tender form.

(ii ) Drawings.

(iii) Specifications.

In case of defective description or ambiguity, the Engineer- in-charge should issue further instructions

direction in what meanner the work is to be carried out it being understood that the best modern practice is to

followed. The contractor should forthwith comply with such instructions.

(3) The contractor should taken no advantage of any apparent error or ommission in drawings or specification

and the Engineer in charge shall make such corrections and interpretation as necessary to fulfil the intent of

the Plans and specifications.

(4) No with standing that all proper precautions may have been taken by contractor at all the times during

the progress of the work, the contract shall be held responsible for all damages whether to the work under

execution or to any other property or to lives of persons during the progress of the work and the period of

(5) Plans are for rough guidance only when detailed plans are received from the Architect of corporation

during the course of execution the same will supersede previous plans

(14) The contractor should appoint a qualified engineer and he must remain present on site during working hours.

(15) The Quantity mentioned in the scheduled "B" is Tentative (indicative) for each item. Tenderer shall have to

execute the concerned work/item as per the site condition and payment shall be made accordingly as per the

actual measurement of the particular item.

Executive Engineer

South Zone-A (Udhana)

Surat Municipal Corporation.

DECLARATION FORM

(1) I/We hereby declare that I/We have visited the site and fully acquainted myself/ourselves with the local

situation regarding materials, labour and other factors pertaining to the work before submitting this tender.

(2) I/We hereby declare that I/We have carefully studied the conditions of contract, specifications and other tender

documents of this work and agree to execute the same accordingly.

Executive Engineer,

South Zone-A (Udhana)

Surat Municipal Corporation.

Contractor Signature with

INSTRUCTION TO TENDERERS

IT-01 GENERAL :

The Contract documents may be secured in accordance with the notice Inviting Tender for the work called. The

work shall include supply of materials necessary for construction of the work.

IT-02 INVITATION TO TENDER:The Surat Municipal Corporation hereinafter referred to as the Corporation will

receive tenders forthe work Annual Rate Contract For Repairing, Maintenance and new work of footpath

& watertable, divider, chainlizer, traffic island, activity area, P.C.C and laying cement concrete Guard

Stone and Setting/Resetting stone paving/ Pever block work in Sub Zone-1 in Sin South Zone-A

(Udhana).as per the specifications in the tender documents. The tenders shall be opened in presence of opening

authority Surat in the presence of tenderers or their representatives who are present. The Corporation reserves

the right to reject the lowest or any other or all tenders or part of it which in the opinion of the Corporation

does not appear to be in its best interest, and the tenderer shall have no cause of action or claim against the

corporation or its officers, employees, successors or assignees for rejection of his tender.

IT-03 LANGUAGE OF TENDER :

Tenders shall be submitted in English, and all information in the tender shall also be in English, Information in

any other language shall be accompanies by its translation in English. Failure to comply with this may make the

tender liable to reject.

IT-04 QUALIFICATIONS OF TENDERERS:-

(A) Tenderer shall be required to submit the enlisted documents along with Technical Bid, E.M.D. and

tender fees. If documents are insufficient or it does not match the required criteria mentioned below,

then the Price Bid of the tenderer shall not be opened.

Mainly tenderer shall fulfill following the pre-qualification.

(a) QUALIFYING CRITERIA OF BIDDER

Documents required for complete

Sr. No. Criteria

1.1 Average Annual financial turnover during the last 3 years, Copy of certificate from Chartered

ending 31/03/2026, should be at least 30% of the estimated Accountant along with copy of

cost(Rs.88.26 lacs) (i.e. 30% of Estimate Amount i.e, 26.47 Balance sheets.

lacs) An attested copy of annual turnover for last 3 years should

1.2 Solvency Certificate from bankers of schedule bank /

Recent/Fresh Solvency certificate from bankers of schedule bank nationalized bank

/ nationalized bank. Minimum value of solvency shall be 20% of

estimated cost (Rs.88.26 lacs)of the Tender (i.e. 20% of

Estimate Amount i.e, 17.65 lacs )

Tenderer has to submit higher amount of bank solvency if so

desired by Commissioner. (Solvency certificate should not be

older than One year from Last date of online Tender

2.0 Registration

2.1 Minimum “D" class” Registration Class with any government, Registration Certificate

semi government organization

2.2 power of attorney, partnership deed or registration deed. Attested copy should be submitted

Sr. Documents required for complete

3.0 Relevant Experience

3.1 Similar works during last 7 years

3.1.1 Three similar completed works, each costing not less than amount

equal to 40% of the estimated cost(Rs.88.26 lacs) put to the tender

(i.e. 40% of Estimate Amount i.e, 35.30 lacs )

Or Attested copies of certificates from

3.1.2 Two similar completed works, each costing not less the amount head of the office concerned for

equal to 50% of the estimated cost (Rs.88.26 lacs)put to the tender completion of the works.

(i.e. 50% of Estimate Amount i.e, 44.13 lacs ) Only Govt. or Semi Govt. Works

Or shall be considered for Similar

3.1.3 One similar completed works, each costing not less the amount equal Works.

to 80% of the estimated cost(Rs.88.26 lacs ) put to the tender. (i.e.

80%of Estimate Amount i.e,70.60 lacs )

4.0 Other details

4.1 Black list.

The Bidders shall note that in case the Bidder is blacklisted / stated as defaulter /

barred participating in tenders by any of government agencies / semi government AFFIDAVIT

agencies or any other equivalent agencies during last 5 years then in that case, the

Bidders will be disqualified and will not be allowed to participate in the bidding

process, though bidder satisfies all the qualification conditions mentioned above. In

this regard, the decision of the Surat Municipal Corporation will be final and binding

4.2 Works on hand & Litigation

ANNEXURE-I & II

The Bidder including any Member shall provide details of all their on-going projects

along with stage of litigation, if so, against the Employer / Governments.

NOTE:-(1)Similar work shall mean Fixing of Paver Block Works, Excavation, Soil Filling work, Compaction

work, laying of GSB Work etc and any type of Paver Block work.

(a) Turnover during last 3 years, ending 31st March of previous financial year should be atleast RS.26.47 lacs.

An attested copy of annual turnover for last 3 years should be enclosed.

(b) Solvency certificate from bankers of schedule bank / nationalized bank for the RS.17.65 lacs.Tenderer has

to submit higher amount of bank solvency if so desired by Commissioner. (Solvency certificate should

not be older than One year from Last date of online Tender submission.)

(c) An attested copy of registration with MES, Various department of State Govt., Surat Municipal

Corporation, CPWD etc.

(d) List of the works already completed in last 7 years in prescribed proforma as per Annexure-I

and attested copies of certificates from head of the office concerned for completion of the works.

Following enhancement factors will be used for the cost of works executed and financial figures to amount base

for the value of the works completed in India.

Cut of month shall be considered from month of tender submission.

Financial Year Multiplying factor

Immediate last year of the assessment year*

 Here assessment year shall be reckoned from year and month in which tender is submitted.

 Bidder should indicate actual figures of cost and the amount for the work executed in Statement-A without

accounting for the above mentioned factors.

(e) Declaration regarding the work on hand with the tenderer should also be given in prescribed performa as

per Statement-B. Attested copies of work orders, interim certificates if any shall also be attached as supporting

(f) Attested copy of partnership deed, power of attorney etc.

(g)Application Received from joint venture / consortium shall not be considered.

 attested copy of partnership deed, power of attoney etc.

 passport size photographs of partner / all partners on relevant page of technical bid.

 Tenderer shall submit only one tender for the work put to this tender.

 Tenderer shall submit the certificate of Employers code number under EPF Act.

(h). Even though the Bidder meets the above criteria, they are subject to be disqualified if they have

 Made misleading or false presentations in the forms, statements and attachments submitted in proof of

the qualification requirements; and /or

 During verification if it is found from client that of poor performance such as abandoning the works, for

financial failure or abnormal delay in work etc.

 Regarding Litigation, in case where Bidder is involved in illegal practice like any activities of

corruption, coercive practice or debarred/blacklisted in last 05 years by Any Govt. / Organization in

respect of performance of Bidder, SMC authority requires that bidders under this contracts, observe the

highest standard of ethics during the procurement and execution of such contracts.

1. Will reject a proposal for award if it determines that the bidder has engaged in any corrupt or fraudulent

practices in competing for this contract or in past history and

2. Will reject a proposal if it found debarred/blacklisted by any State Govt. /Govt. of India/ Semi

Government/ PSU in last 05 years.

IT-05 TENDER DOCUMENTS :

Printed and online documents and set of drawings shall comprehensively be referred to as Tender documents.

The several sections forming the documents are the essential parts of the contract and a requirement occurring

in one shall be binding as though occurring in all. They are to be taken as mutually explanatory and describe

and provide for complete works.

IT-06 EXAMINATION BY TENDERERS :

A. At his own expenses and prior to submitting his tender, each tenderer shall (a) examine the contract

Documents, (b) visit the site and determine local conditions which may effect the work including the

prevailing wages and other pertinent cost factors, (c) familiarize himself with all CENTRAL, State and local

laws, ordinance, rules, regulations and codes affecting the material supply including the cost of permits

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

with the requirements of the Tender Documents.

B. The tender quantity is approximate and may increase or decrease. Any increase or decrease in quantity will

not entitle tenderer to claim any extra over the quoted rate.

C. Tender Documents be completed by legible ink, checked in a responsible manner, signed, stamped and

returned together with the Tender Security Bond by the stipulated date, which shall form the Tender.

The Tenderer is required to complete :

(h) The form of tender, including the Appendices thereto Tender Security Bond and the Tender summary duly

signed and stamped.

All the pages in which entries are required to be made by the tenderer are contained in the tender

documents and the tenderer shall not take out or add to or amend the text of any of the documents except in

so far as may be necessary to comply with any addenda issued pursuant to Clause IT-17 hereof.

IT-07 EARNEST MONEY DEPOSIT:

A. The Tender shall be accompanied by of Earnest Money Deposit Rs.89,000/-The tenderer shall pay

Earnest Money Deposit by pay order/demand draft issued in favour of Commissioner, Surat Municipal

Corporation, Surat of below mentioned banks only. The Earnest Money Deposit in the form of FDR or cheque

shall not be accepted. The tenderer shall have to mention details of Earnest Money Deposit on the seal cover of

Earnest Money Deposit. The tender received without Earnest Money Deposit shall be out rejected.

The instruments for A. The Tender shall be accompanied by of Earnest Money Deposit Rs. 89,000/-The

tenderer shall pay Earnest Money Deposit by pay order/demand draft issued in favour of Commissioner, Surat

Municipal Corporation, Surat of below mentioned banks only. The Earnest Money Deposit in the form of FDR

or cheque shall not be accepted. The tenderer shall have to mention details of Earnest Money Deposit on the seal

cover of Earnest Money Deposit. The tender received without Earnest Money Deposit shall be out rejected.

The instruments for Earnest Money Deposity shall be issued by or payable/encashable at Surat Branch of the

said banks only.

(A) Guarantees issued by following banks will be accepted as SD/EMD on permanent basis

- All Nationalized Banks

(B) Gaurantees issued by following Banks will be accepted as SD/EMD for the period up to March 31, 2026 as

per GR NO. FD/MSM/c-file/04/2024/2859/D.M.O. Dt. 01/05/2025. The Validity cut-off date in the GR is with

respect to the date of issue of Bank Guarantee irrespective of the date of termination of Bank Guarantee.

(2) A U Small Finance Bank

(3) Bandhan Bank

(4) City Union Bank

(6) DBS Bank India Limited

(8) Dhanlaxmi Bank

(9) Equitas Small Finance Bank

(10) FEDERAL Bank

(13) ICICI Bank

(15)IDFC First Bank

(16)INDUSIN Bank

(17) Jammu and Kashmir Bank

(18) Jana Small Finance Bank

(19) Karnataka Bank

(20) Karur Vysya Bank

(21) Kotak Mahindra Bank

(23) South Indian Bank

(24) Standard Chartered Bank

(25) Tamilnadu Mercentile Bank

(26) Ujjivan Small Finance Bank

(28) Ahmedabad Mercantile Co-Op. Bank

(29) Nutan Nagrik Sahakari Bank Ltd.

(30) Rajkot Nagrik Sahakari Bank Ltd.

(31) Saraswat Co-Operative Bank Ltd.

(32) SBPP Co-operative Bank Ltd.

(33) SVC Co-Operative Bank LTD.

(34) The Cosmos Co-op Bank Ltd.

(35) The Gujarat State Co-Operative Bank

(36) The Surat District Co-Operative Bank

(37) The Surat Pepole’s Co-Op. Bank Ltd.

(38) The Baroda Central Co-operative Bank

(39) The Panchmahal District Co-operative Bank

(40) The Kalupur Commercial Co-Op. Bank

(41) The Rajkot Commercial Co-Op Bank

(42) The Banaskantha Mercantile Co-Op Bank LTD

(43) Gujarat Gramin Bank

B. The Earnest Money Deposit (Tender guarantee) will be forfeited in the event, the successful tenderer

fails to accept the contract and fails to submit the Performance Guarantee Bond to the owner as stipulated in

this tender documents within ten days after receipt of notice of award of contract. In such case owner may

disqualify the tenderer from tendering for further works,under the jurisdictions of the Corporation (S.M.C.).

C. The Earnest Money Deposit of the successful tender shall be returned after the performance

guarantee bond, as required, if furnished by the contractor.

D. No interest shall be paid by the owner on any tender guarant.

IT-08 INCOME TAX CLEARANCE CERTIFICATE

In view of the latest circular of IT Department IT clearance certificate is not required. However the contractor

shall give zerox copy of the PAN card.

IT-09 PREPARATION OF TENDER DOCUMENTS :

Tenderers are requested to note the following while preparing the Tender Documents:

A. Technical bid, EMD and Tender fees shall be submitted on the Tender Form bound herein in English. All

tender items and statements shall be properly filled in. Numbers shall be stated both in words and in figures

where so indicated, and signatures of all persons signing shall be in longhand.

B. Technical Bid shall be accompanied by the prescribed 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 address shall be stated below their signatures. All signatures in the Tender Documents

shall be dated.

C. Variations to the Contract Documents requested by the tenderer may be affixed to the Tender Document in

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

Engineer at the time of adjudications of Tenders, and in either case the Engineer is not obliged to give

reasons for his decisions.

D. Delivery of Tenders shall comply with Notice inviting tenders as to place, date and time.

E. Price Bid shall be submitted online. Tenderers are requested to quote for all four parts of the tender.

IT 10 SUBBMISSION OF TENDERER DOCUMENT

Following documents shall be submitted in hard copy to Surat Municipal Corporation:

 Earnest Money Deposit as mentioned in the Tender.

 Tender Fees as mentioned in the tender

 Affidavit of Annexure A on Non Judicial Stamp Paper of Rs.300/-

 Addenda-Corrigendum (if any) duly signed by Contractor.

Technical bid and price bid are not to be submitted in physical form. Please note that non submission of

Technical Bid as well as price bid does not absolve the bidders from any liability created from the bid

condition and bidding process. Technical-Bid and Price Bid in hard copy shall be submitted by Successful

bidder upon intimation from Surat Municipal Corporation.

As per City Engineer Shri Note No. 61, Dt. 05/02/2025

 Demand Draft for E.M.D. & Tender (Bid) fee shall be submitted in electronic format through

online mode (by scanning) while uploading the bid. This submission shall mean that E.M.D. & tender fee

are received for purpose of opening of the bid. Accordingly, offer of those shall be opened whose E.M.D.

& tender (bid) fee is received electronically. However, for the

purpose of realization of D.D. bidder shall send the D.D. in original through RPAD / Speed post as per to

reach to Chief Accountant, SMC within 7 days from the last date of online submission of the bid as per

Penaltative action will be taken for not submitting original Demand Draft in the account department of

Surat Municipal Corporation within 7 days from the last date of online submission of the bid for the first

time as mentioned below.

Sr. No. Tender Amount Penalty Amount in Rs.

1. Up to Rs. 1 Crore Rs. 10,000/-

2. More than Rs. 1 Crore and Upto Rs. 10 Crore Rs. 20,000/-

3. More than Rs. 10 Crore and Upto Rs. 50 Crore Rs. 30,000/-

4. More than Rs. 50 Crore and Upto Rs. 100 Crore Rs. 70,000/-

5. More than Rs. 100 Crore Rs. 1,00,000/-

If bidder will not submit the penalty amount within 10 days to Surat Municipal Corporation and/or

bidder will not submit the demand draft in original for the second time and after, Penaltative action shall

be taken for abeyance of registration and cancellation of E-tendering code for 6 (six) months.

Any documents in supporting of bid shall be in electronic format only through online (by Scanning) &

hard copy will not be accepted separately.

1 COVER-1 : Technical Bid

1.E.M.D and Tender Fees for the work of Annual Rate Contract For Repairing, Maintenance and

new work of footpath & watertable, divider, chainlizer, traffic island, activity area, P.C.C and

laying cement concrete Guard Stone and Setting/Resetting stone paving/ Pever block work in

Sub Zone-1 in Sin South Zone-A,(Udhana).along with other Documents in Hard Copy upto Dt.

25/08/202618:00 hrs. Also mention the name of tenderer, address, tender notice number etc. on the

2.(ii) PRICE BID Price bid for the work of Annual Rate Contract For Repairing, Maintenance

and new work of footpath & watertable, divider, chainlizer, traffic island, activity area, P.C.C

and laying cement concrete Guard Stone and Setting/Resetting stone paving/ Pever block work

in Sub Zone-1 in South Zone-A(Udhana).shall be submitted online.

3.The name of work to be written on cover shall be Annual Rate Contract For Repairing,

Maintenance and new work of footpath & watertable, divider, chainlizer, traffic island, activity

area, P.C.C and laying cement concrete Guard Stone and Setting/Resetting stone paving/ Pever

block work in Sub Zone-1 in Sin South Zone-A(Udhana).Also mention the name and the address

of tenderer, tender notice number on the cover and to be submitted to the Chief Accountant, Surat

Municipal Corporation, Muglisara, Surat – 395

2 Tenderer shall be required to submit the enlisted documents as mentioned below in Cover-1. If necessary

document founds insufficient then the Price Bid of the tenderer shall not be opened.

(a) The tender shall be accompanied by Earnest Money Deposit of Rs.89,000=00 The tenderer will pay

Earnest Money Deposit by Pay Order/Demand Draft issued in favour of "Commissioner, Surat

Municipal Corporation, Surat" by Nationalized Bank.

(b) A covering letter detailing various considerations considered in tender shall invariably be given.

(c) Passport size photographs of all the partners (incase of partnership firm) to be fixed on relevant

Page of the tender documents.

3. (a) List of tools, plants and equipments with tenderer in detail.

(b) Technical establishment/staff of the tenderer in required Performa with their names, qualifications and

(c) Tenderer shall furnish along with the tender, information regarding Income tax circle of the district

in which he is assessed for income tax with PAN No.

4. Submission of a tender by a tenderer shall mean that he has read this notice and contract documents and has

made himself aware of the scope and specifications of the work to be done and of conditions and nature of

required quantities of Materials stores, tools and plants etc.that may be required by him in carrying out the

work and of local conditions and laws and bylaws of the Government, Surat Municipal Corporation and other

factors bearing influence on the execution and cost of the works.

5. E.M.D., Tender Fee and other necessary document in hard copy shall be received by Registered Post A.D. or by

Speed Post through Postal Authority only by the "Chief Accountant, Surat Municipal Corporation, Muglisara,

Surat-395003 upto 25/08/2026up to 18:00 hrs.

The same will be opened probably on the 18/08/2026, 11:00 hrs.(Technical Bid- Soft Copy) (Probable) &

27/08/2026(Technical Bid-Hard copy) onwards (Probable) in the presence of the tenderers, who shall emain

present in the office of "Tender opening officer, Surat Municipal Corporation, Surat. Late tenders (i.e. tenders

received after the specified time of opening), delayed tender (i.e. tenders received before the time of opening

but after due date and the time of receipt of tender) shall not be considered at all. Tenders received by

Registered Post A.D./ Speed Post after the time and the date specified in the tender notice shall not be

received by the client from the postman. Such tenders if received will not be opened and will stand rejected.

6. Tender shall stand rejected if:

1. Any eraser is made in the tender unauthenticated or any page or pages is/are removed or replaced.

2. The tenderer shall submit the tender which satisfied each and every conditions laid down in the notice

tender documents, failing which the tender will be liable for rejection.

3. Tenderer's tender/quotation containing conditions shall be liable for rejection out rightly without

assigning any reason for the same.

4. Stipulates the validity period less than what is stated in the form or tender.

5. Stipulates his own conditions.

6. Does not quote his rates inclusive of Octroi duty and other terminal or sales tax or CENTRAL taxes in

7. Does not disclose the full names and address of all his partners in the case of partnership firm.

8. Does not pay the Earnest Money Deposit by Demand Draft/Pay order and Tender Fees with Technical

9. Does not submit the tender before the stipulated time and specified date in the Account Office as

10. Does not attached the document mentioned.

11. The tenderer proposes any alteration in the work specified in the tender or in the time limit allowed for

carrying out the work or any other condition.

7. All corrections, additions or posted slips to be initialed by the tenderer.

8. All page of tender documents including specifications should be initialed by the contractor.

9. The tenderer shall submit the tender which satisfies each and every conditions laid down in this notice and

tender documents failing which the tender is liable for rejection.

10. Notice of inviting tenders shall be a part of the contract documents.

11. Acceptance of tenderer/quotation will rest with the competent authority of Surat Municipal Corporation who

does not bind himself to accept the lowest and reserves the right to accept or to reject any or all

quotations/tenders and no reasons will be given for acceptance or rejection thereof.

12. The contractor shall also attach list of machineries, tools, plants, equipments which he propose to deploy for

13. All octroi duty and other taxes chargeable by the Municipal Corporation shall be payable by the Contractor.

14. Tender once accepted shall be binding on the contractor even if the formal agreement is not signed.

15. Tender once offered can not be withdrawn except with the permission of head of the concerned department,

Surat Municipal Corporation, Surat.

16. The successful tenderer shall be required to enter in to agreement with Municipal Corporation after placing

the work order for the said work from SMC.

17. The successful tenderer may be required to furnish surety of 20% of the contract value on stamp paper if so

desired by the Municipal Commissioner.

18. The tenderers are requested to give complete specification of work quoted.

19. Unless specifically mentioned by the tenderer for the extra payment of taxes on price quoted by them it will be

presumed the prices quoted are inclusive of the all taxes and no claim will be entertained for payment of

extra taxes on the bills submitted by them.

20. The Price-bid will be opened only after technical clarifications are clarified.

21. Surat Municipal Corporation reserves the right to open or not to open any or all Price-bid without assigning any

reason thereof.

IT-11 TENDER VALIDITY PERIOD :

The validity period of the tender submitted for this work shall be of one hundred twenty (120) Calendar day

from last date of submission of tender and that the tenderer shall not be allowed to withdraw or modify the

tender offer on his own during the validity period. The tenderer will not be allowed to withdraw the tender or

make any modifications or additions in the terms and conditions of his own in his tender. If this is done then

the owner shall, without prejudice to any right or remedy, be at liberty to reject the tender and forfeit the Earnest

Money Deposit in full.

IT-12 SIGNING OF TENDER DOCUMENTS :

If the Tender is made by an individual it shall be signed with his full name above his current address. If he

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 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 addresses, or by a partner holding the power of attorney for the firm signing the Tender in

which case a certified copy of the power of attorney shall accompany the Tender. A certified copy of the

partnership deed, current addresses of all the partners of the firm shall also accompany the tender.

If the tender is made by a limited company or a limited Corporation, it shall be by a duly authorised person

holding the power of attorney for signing the Tender in which case a certified copy of the power of attorney

shall accompany the Tender. Such limited company or Corporation may be required to furnished satisfactory

evidence of its existence before the contract is award.

All witnesses and sureties shall be persons of status and probity and their full names, occupations and addresses

shall be stated below their signatures. All signatures in the Tender document shall be dated.

IT-13 WITHDRAWAL OF TENDERS :

If, during the Tender validity period, the Tenderer withdraws his Tender, the Tender Security (Earnest Money)

shall be forfeited and the Tenderer may be disqualified from tendering for further works under the jurisdiction

of SURAT MUNICIPAL CORPORATION

IT-14 INTERPRETATIONS OF TENDER DOCUMENT :

Tenderers shall carefully examine the tender documents and fully inform themselves as to all the conditions and

matters which may in any way effect the work or the cost thereof. Should a tenderer find discrepancies or

omission from the specifications or other documents, or should be in doubt as to their meaning, he should at

once address querry to the Divisional Head provided for concerned authority as referred in the Tender

Document in Clause GC-01 (Definitions and interpretations) of the (General Condition of Contract). Any

resulting interpretation of the Tender documents will be issued to all Tenderers as an addenda corrigendum.

Verbal clarification and / or information given by the SMC / Consulting Engineer shall not be binding on the

Municipal Corporation.

IT-15 ERRORS AND DISCREPANCIES IN TENDERS :

In case of conflict between the figures and words in the rates, the rates expressed in words shall prevail and

apply in such cases.

IT-16 MODIFICATION OF DOCUMENTS :

Modification of specifications and extension of the closing date of the tender, if required, will be made by an

addendum. Copies of each addendum will be sent to all tenderers. These shall be Signed and shall form a part

of tender. The tenderer 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 addenda.

Addenda form part of the contract documents & full consideration shall be given to all addenda in the

preparation of tenders. Tenderers shall verify the number of addenda issued, if, any and acknowledge the receipt

of all Addenda in the Tender. Failure to acknowledge may cause the Tender to be rejected.

A. The Engineer of the owner may issue Addenda to advise Tenderers of changed requirements. Such

addenda may modify previously issued Addenda.

B. No Addendum may be issued after the time stated in Notice Inviting Tenders.

IT-18 TAXES AND DUTIES ON MATERIAL

The Contractor shall be liable to payment of all the Central/ State/Local Bodie's Levies,/ GST/ taxes or duties

etc. The SMC shall neither bear it nor reimburse at any time but will ensure deduction of

Central/State/Local levies/GST and taxes at Source at the rate provided under the relevant statutes from time

to time inforce.

1% Construction Cess will be deducted from respective R.A. Bill and Final bill in accordance with the

prevailing norms of Govt. of Gujarat.

GST CLAUSE FOR CONSTRUCTION / ERECTION / COMMISSIONING / INSTALLATION / REPAIRS /

MAINTENANCE / RENOVATION / FABRICATION OF STRUCTURE INCLUDING BUILDING (MEANS

ALL WORKS CONTACT / TURN KEY PROJECTS / SUPLY OF MATERIAL / GOODS )

GST (Goods & Service Tax) has come in existence from 1 july 2017. Contract / Successful Bidder is bound to

pay any amount of GST prescribed by the Govt. of India as per the Terms of Contract agreed upon during the

course of execution of this Contract.

During the course of execution of contract. if there is any change in Rate of GST (Goods & Service Tax) by the

Goverment the same shall be reimbursed / recovered separately by SMC subject to the submisson of Original

Recepit / proof for the amounts actually remitted by the successful Tenderer / Contractor to the competent

authority along with a certificate from Chartered Accountant of Contractor / Succesful Biddder certifying that

the amount of GST paid to the Goverment and the same shall be intimated / submitted /claimed within 30 Days

form the date of payment Remittance of GST within sipulated period shall be the sole responsibility of the

Succesful Bidder / Contracter failier which SMC and decision of Municipal Commissioner shall be final and

binding on the Contracter / Succesful Bidder in this regard Further the nonpayment of GST to the Goverment

may lead to the termination of contact and forfeiture of security Deposite / Performence Gurantee Amount.

If imposition of any other new Taxes / Duties / Levies / Cess orany other incidentals etc. or any increase in the

existing Taxes / Duties / Levies / Cess or any other incidentals etc. (Excluding GST ) are imposed during the

course of the contract the same shall be borne by the Contracter / Succesful Bidder only in no case SMC shall

be liable for the same.

IT-19 EVALUATION OF TENDERS :

As per IT (04), Experience of the Contractor shall be considered for Similar kind of works.

IT-20 EVALUATION OF TIME REQUIRED FOR COMPLETION :

The time required for completion of work shall be considered as indicated by the tenderer in the completion

schedule attached with the tender. The completion period mentioned in this schedule is to be reckoned from

11th day from the date of work order to proceed. Total completion period is calendar months from 11th day

from date of issue of work order and tenderers should adhere to this delivery time.

IT-21 POLICY FOR TENDER UNDER CONSIDERATION :

Tenders shall be termed to be under consideration from the opening of the tender until such time an official

announcement of award is made.While tenders are under consideration, tenderers and their representative or

other interested parties are advised to refrain from connecting by any means Municipal Corporation or

representatives on matters related to the tenders under study. The Engineer's representative if necessary will

obtain clarification on tenders by requesting information from any or all the tenderers either in writing or

through personal contact, as may be necessary. The tenderers will not be permitted to change the substance of

his tender after price submission. Non-compliance with this provision shall make the tender liable for

IT-22 PRICES AND PAYMENTS :

The tenderer must understand clearly that the price quoted are for the total works or the part of the total works

quoted for and include all costs due to materials labour, equipment, supervisions, other services, royalties and

Octroi etc. and to include all extras to cover the cost. No claim for additional payment beyond the prices quoted

will be entertained and the tenderer will not be entitled subsequently to make any claim on any ground

excepting for the condition laid down in GC-35 (Price Adjustment).

IT-23 PAYMENT TERMS :

The terms of payment are defined in the General Conditions of Contract. The Municipal Corporation shall not

under any circumstances relax, their terms of payment and will not consider any alternative payment terms.

Tenderers should therefore in their own interest note this provision to avoid rejection of their tenders.

Award of the Contract or the rejection of tenders will be made during the Tender validity period stated in the

Notice Inviting Tenders.

A. After all contract contingencies are satisfied and the Notice of Award is issued, the successful Tenderer

shall execute the Contract Agreement within the time stated in the Notice Inviting Tenders and shall furnish

the Bond as required herein. The Contract Agreement shall be executed in the form stipulated by the owner.

A copy of the required form is included in the contract documents.

B. If the Tenderer receiving the Notice of Award fails or refuses to execute the Contract Agreement within the

stated time limit or fails or refuses to furnish the Bond as required herein, the SMC may annul his award

and declare the tender security forfeited.

C. A Corporation, Partnership firm or other consortium acting as the Tenderer and receiving the Award shall

furnish evidence of its existence and evidence that the officer signing the Contract Agreement & Bonds for

the Corporation, partnership firm or other consortium acting as the Tenderer is duly authorised to do so.

IT-25 SIGNING OF CONTRACT :

The successful tender shall be required to pay the security deposit and to execute the contract within 10 days of

receipt of intimation to execute the contract, failing which the Municipal Corporation will be entitled to annul

the award and forfeit the Earnest Money Deposit. The person to sign the contract document shall be person

detailed in Article IT-12.

IT-26 DISQUALIFICATION :

A tender shall be disqualified and will not be taken for consideration if:-

(a) The outer envelope does not show on the outside the reference of bid and thus get opened before the due

date of opening (as per Article IT-10 i.e. Submission of Tender Document).

(b) The tender Security Deposit is not deposited in full and in the manner i.e. Earnest Money Deposit.

(c) The tender is in a language other than English or does not containits English Translation in case of other

language adopted for tender preparation.

(d) The tender documents are not signed by an authorised person.

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

(f) The tenderer does not agree to deposit security amount as specified (as per Article IT-25 i.e. Signing of

(g) The tenderer does not agree to payment terms defined as per ArticleIT-23 i.e. Payment Terms.)

(h) Conditional tender.

A. Tenderer may further be disqualified if :

(a) Price variation is proposed by the Tenderer on any principlesother than provided in the Tender

(b) Completion schedule offered is not consistent with thecompletion schedule defined and specified in

tender documents.

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

(d) Any of the page or pages of tender is/are removed or replaced.

(e) All corrections or pasted slips are not initialed by tenderer.

(f) Any erasure is made in the tender.

IT-27 PERFORMANCE GUARANTEE (SECURITY DEPOSIT)

As a contract security the tenderer to whom the award is made shall furnish a performanceguarantee (Security

Deposit) for amount equal to Two percent (2%) of the contract price to guarantee the faithful performance completion

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

satisfaction of theEngineer and ensuring the discharge of all obligations arising from the execution of contract, inone of

the forms mentioned below.

(a) Initial Security Deposit of 2% (Shall be Released after completion of final bill as well as on completion of audit

related procedure)

(b) 7% Retention money (2% SD + 5% Additional retention Money) deposit to be deducted from running bills (Shall be

released with final bills)

Note: 2% Initial Security deposit shall be deposited in the form of Cash/DD/Pay order only.

Security deposit shall be paid in time and if it is paid after ten (10) days from the date of preliminary work order then the

penalty of 0.065 % per day of the amount of security deposit shall be recovered from the contractor while receiving the

security deposit. On due performance and completion of the contract in all respects, the performance guarantee

(security deposit) will be returned to the contractor after the defect liability period and on completion of audit related

procedure. It is clarified that the amount of security deposit shall be collected on the basis of Contract Price and not on

the basis of estimated amount put to tender. As initial Security Deposit Two percent (2%) of the tendered amount

accepted by the competent authority shall have to be paid towards security deposit at the time of execution of

agreement. This will be known as initial security deposit which will be released after the total completion of contract

after completion of final bill as well as defect liability period & on completion of audit related procedure.

Seven percent (7%) shall be deducted from running bills as retention money.

IT-28 STAMP DUTY :

The successful tenderer shall have to enter into an agreement on a non-judicial stamp paper of Rs.4.90% of S.D.

Amount, if S.D. Amount in FDR and otherwise as per the form of the agreement approved by the Municipal

Corporation, Surat.

The agreement shall be executed on stamp paper worth Rs.4.90% of S.D. Amount.

The surety shall be executed on stamp paper worth Rs. 300/-

IT-29 BRAND NAMES :

Specific references in the specifications to any materials by tender's name, or catalogue number shall be

construed as establishing a standard or quality and performance and not as limiting competition and the tenderer

in such cases, may at their option freely use any other product, provided that it ensures and equal or higher

quality than the standard mentioned and meets Municipal Corporation approval.

IT-30 NON-TRANSFERABLE :

Tender documents are not transferable.

IT-31 COST OF TENDERING :

The owner will not defray expenses incurred by Tenderers in tendering.

IT-32 DEFECT OF TENDER :

The Tender for the work shall remain open for a period of 120 calendar days from the date of receipt of the

tenders for this work and that the tenderer shall not be allowed to withdraw or modify the offer on his own

during the period. If any tenderer withdraws or makes any modifications or additions in the terms and

conditions on his own, then the Municipal Corporation, shall without prejudice to any right or remedy, be at

liberty to reject the tender and forfeit the earnest money in full.

IT-33 CHANGE IN A QUANTITY :

The Surat Municipal Corporation reserves the right to waive any informality in any tender and to reject one or

all tenders without assigning any reasons for such rejections and also to very to quantities of items or group as

specified in the Schedule of price as may be necessary. Claim what so ever by the contractor on the basis of

variation of quantities shall not be entertained.

IT-34 NEW EQUIPMENT AND MATERIAL ;

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

manufacturer's plant to the Corporation. The rebuilt or overhauled equipment/materials will not be allowed to

be used on work.

IT-35 RIGHTS RESERVED ;

The SMC reserves the right to reject any or all tenders, to waive any informality or irregularity in any tender

without assigning any reasons. The SMC further reserves the right to withhold issuance of the notice to

proceed, after execution of the contract agreement, for the period of time stated in the notice inviting tenders

and no additional payment will be made to the successful tenderer on account of such withholding. The SMC

is not obliged to give reasons for any such action.

IT-36 Municipal Commissioner reserves the right to reduce the scope of work and split the tender in two or more parts

without assigning any reason even after the award of contract.

IT-37 No mobilisation advance or advance on machinery will be given.

IT-38 The scope of work is clearly mentioned in the tender documents. The contractor shall have to carry out the work

in accordance with the details specifications. No conditions will be accepted. The conditional tender will be

liable to be rejected.

IT-39 The surplus excavated earth, after backfilling the trenches shall have to be removed from the site as directed.

After compaction and consolidation, if any short fall of earth is found then contractor has to bring the same to

the required quantity in order tomeet shortfall at his own cost. More over, if any settlement of road after

reinstatement is observed during the defect liability period of the work. Contractor shall be fully responsible for

the defective work and patches/ depression / settlement shall be repaired with quarry spoil or metal at

contractor's own cost. If contractor fails to repair the patches / depression / settlement in time, corporation will

repair it at all risk and cost of contractor.Surplus earth shall not be disposed off in a way that leads to nuisance

to the public or SMC

GST CLAUSE FOR CONSTRUCTION / ERECTION / COMMISSIONING / INSTALLATION /REPAIRS /

MAINTENANCE / RENOVATION / FABRICATION OF STRUCTURE INCLUDING BUILDING (MEANS

ALL WORKS CONTRACT / TURN KEY PROJECTS / SUPPLY OF MATERIAL /GOODS).

GST (Goods & Service Tax) has come in existence from 1st July, 2017. Contractor / Successful Bidder is bound

to pay any amount of GST prescribed by the Govt. of India as per the Terms of Contract agreed upon during the

course of execution of this Contract.

During the course of execution of Contract, if there is any change in Rate of GST (Goods & Service Tax) by the

Government, the same shall be reimbursed / recovered separately by SMC, subject to the submission of Original

Receipt / Proof for the amounts actually remitted by the Successful Tenderer / Contractor to the Competent

Authority along with a Certificate from Chartered Accountant of Contractor / Successful Bidder certifying that

the amount of GST paid to the Government and the same shall be intimated / submitted / claimed within

(Thirty) Days from the date of payment. Remittance of GST within stipulated Period shall be the sole

responsibility of the Successful Bidder / Contractor, failing which, SMC may recover the amount due, from any

other payable dues with SMC and decision of Municipal Commissioner shall be final and binding on the

Contractor / Successful Bidder in this regard. Further, the non-payment of GST to the Government may lead to

the termination of contract and forfeiture of Security Deposit / Performance Guarantee Amount.

If imposition of any other new Taxes / Duties / Levies / Cess or any other incidentals etc. or any increase in the

existing Taxes / Duties / Levies / Cess or any other incidentals etc. (Excluding GST) are imposed during the

course of the contract, the same shall be borne by the Contractor / Successful Bidder only, in no case SMC shall

be liable for the same.

The Contractor will submit the invoice to the SMC having GSTIN of SMC mentioned therein and the taxes

shall be shown separately on the face of the Invoice so as to claim as ITC by SMC.

IT-41 No escalation charge/rates shall be paid by SMC in anycase.

IT-42 Contractor must be submitted The cement/steel/Chemical Bill (Original Bill) billwise.

IT-43 Contractor must be submitted royalty pass (zerox).

IT-44 All the taxes should be bear by agency & it should be applicable as per government resolution (of change

periodically) & No compensation/Reimbersion should be given to theagency.

IT-45 TAX INVOICE FOR PAYMENT OF WORK (AS PER GST RULES)

The contractor shall submit all bills on the Prescribed format, include in Tender for purpose of payment of the

work to the office of the Engineer-in-charge.

IT-46 TESTING OF CEMENT AND STEEL

It should be specifically noted that the cement and steel brought by the contractor at site of work shall be used

only after the same is tested at the approved laboratory as per the direction of the Engineer-in-charge. Such

approved laboratory may be located at Surat, Baroda, and Ahmedabad or Mumbai.

All the charge for the transport and testing of the samples shall have to be borne by the contractor. The

frequency of testing such material shall be in accordance to the relevant Indian Standards as directed by Engineer-in-

Executive Engineer,

South Zone-A (Udhana)

Surat Municipal Corporation

SIGNATURE OF THE CONTRACTOR.

SURAT MUNICIPAL CORPORATION

PERCENTAGE RATE TENDER & CONTRACT FOR WORKS

GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF CONTRACTORS :-

(1) All work proposed to be executed by contract shall be notified in a form of invitation to tender pasted on a

board hung up in the office of the Engineer & signed by the Engineer.

This form will state the work to be carried out as well as the date/or submitting and opening tenders and the

time allowed for carrying out work, also the amount of earnest money to be deposited with the tender and

the amount of the Security Deposit to be paid by the successful tenderer and the percentage, if any, to be

deducted from bills. It will also state whether a refund of quarry fees, royalties, octroi dues and ground rent

will be granted. Copies of the specifications, designs and drawings and estimated rated scheduled rates and

any other documents required in connection with the work which shall be signed by the Engineer- in-charge

for the purpose of identification shall also be open for inspection by contractors at the office of the Engineer-

in- charge during office hours.

Where the work are proposed to be executed according to the specifications recommended by a

contractor and approved by a competent authority on behalf of the corporation, such specifications with

designs and drawings shall form part of the accepted tender.

(2) In the event of the tender being submitted by a firm, it must be signed separately by each partner thereof, or in

the event of the absence of any partner, it shall be signed on his behalf by a person holding a power of

attorney authorising him to do so.

(3) Receipts for payments made on account of any work, when executed by a firm, shall also be signed by all the

partners, except where the contractor are described in their tender as a firm, in which case the receipts shall be

signed in the name of the firm by one of the partners or by some other persons having authority to give

effectual receipts for the firm.

(4) Any persons, who submit tender shall fill up the usual printed form including the `Column' total

according to estimated quantities, stating at what rate he is willing to undertake the each item of the works,

Tenders which proposal any alterations in the work specified in the said form of invitation to tender or in the

time allowed for carrying out the work or which contain any other conditions of any short, will liable to

be rejection No.single tender include more than one will liable to be rejection No. single tender include more

then one work but contractors who wishs to tender for each. Tender shall have (to which they refer) written

outside the envelope.

(5) The Commissioner or his duly authorised assistant shall open tender in the presence of any intending contractors

who have submitted tender or their representatives who may be present at the time.In the event of a tender

being accepted, the contractor shall there upon for the purpose of identification, sign the copies of the

specifications and other documents mentioned in this tender. In the event of the tender being rejected, the

divisional officer shall authorised the accountant to refund the amount of earnest money deposited to the

contractor making the tender on his giving a receipt for the returned of the money.

(6) The officer competent to dispose of the tender shall have the right of rejecting all or any of the tenders.

(7) No receipts for any payment alleged to have been made by a contractor in regard to any matter to this

tender shall be valid and binding on corporation unless it is signed by the Engineer-in- charge.

(8) The memorandum of work to be tendered for and the schedule of materials to be supplied by the concern

department and their rates shall be filled in and completed by the officer of the Engineer- in-charge before the

tender form is issued. If a form issued an intending tenderer has not been so filled in and completed, he

shall request the said officer to have this done before he completes and delivers his tender.

(9) All works shall be measured net by standard measure and according to the rules and customs of the Public

Works Department without reference to any local custom.

(10) Under no circumstances shall any contractor be entitled to claim enhanced rates for any items in this contract.

(11) Every contractorInstructed to provide,a solvency certificate of his financial stability from the bank

maintioned in this tender.

(12) All corrections and additions or pasted slips should be initiated.

(13) The measurement of work will be taken according to the usual method in use in the public works department

and no proposals to adopt alternative methods will be accepted. The Engineer-in-charge decision as to what is

"the usual method in use in the public works department" will be final.

(14) A.The Insurance Company's bond will not be accepted against the Security Deposit.

(15) The contractor shall have to attach to his tender Income Tax Clearance Certificate to be obtained from the

Income Tax Officer.

(16) The Contractor will have to construct a shed for storing control and valuable materials issued to him under

Schedule-`A' of the agreement at work site having double locking arrangement. The materials will then be

taken for use in the presence of the department person. No materials will be allowed to be removed from the

site of work except with the written permission from Engineer- in-charge.

(17) No foreign exchange will be released by the Corporation for the purpose of plant and machineries required for

the execution of the work contracted for.

(18) Controlled materials (Essentiality certificate)

(i) As regard controlled materials the Corporation will help to arrange for the permit as far as possible and

help the contractor in securing for the permit as far as possible and help the contractor in securing the same.

All incidental charges met with in procuring these materials shall be borne by the contractor himself. Though

the Corporation will help to arrange for the permit as far as possible and help the contractor in obtaining

the materials it shall not accept any responsibility for any delay or loss on account of delay caused to the

contractor while obtaining the same.

(ii) The contractor shall submit to Engineer-in-charge on Close of every calender months, the monthly returns in

the prescribed forms as to the receipt and actual use of the controlled materials during the month.

(iii) The contractor shall permit the Engineer- in- charge or his representatives to inspect the stock of the

controlled materials stored by him at any time, whenever the Engineer-in- charge or his representatives so

(19) The tender for work shall remain open for a period of 120 days from the date of opening of the price bid for this

works and that the tenderer shall not be allowed to withdraws or modify the offer on his own during this

period. If any tenderer withdraws or makes any modifications or addition/s in the terms and conditions of his

tender, not acceptable to the corporation them the corporation shall without prejudice to any right or remedy

be at liberty in full the said earnest money absolutely (in figures as well as in words). This Blank Space

should be filled in while preparing the draft tender papers.

(20) The contractor shall employee only such labourer who shall produce a valid certificate of having been

vaccinated against small pox within a period of last 3 years.

(21) Tenderer should submit True Copy of the Certificate of Registration alongwith the tender without

which the tender will not be considered.

(22) The contractor shall have to give in writing the date completion of the work within a fortnight from the date of

work completed by him. Otherwise the date noted on the record by the department shall be reawakened as

final and no excuse or representation in that behalf shall be entertained at later date.

(23) "What ever sales tax is levied by the Government on works contract and if paid by the contractor in the first

instance, shall be refunded to the concerned contractor by Corporation.

Executive Engineer,

South Zone -A (Udhana)

Surat Municipal Corporation

Contractor Signature with

GENERAL CONDITION OF CONTRACT

GC-01 DEFINITIONS AND INTERPRETATIONS

1.0 In the contract documents, as herein defined the following words and expression used shall, unless,

repugnant to the subject or context thereof, have the following meanings assigned to them.

1.1 The "Owner/Municipal Corporation, Surat represen-ted by Municipal Commissioner/Add.City

Engineer/Dy.Municipal Corporation any officer authorised by the Municipal Corporation.

1.2 The "Contractor" shall mean the person or the persons, firm of company whose tender has been accepted by

the owner and includes his legal representative successors and permitted assignes.

1.3 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 authorised by the Municipal Corporation to act for and on its behalf for the

operation of this contract.

1.4 "Engineer - in - charge's Representative" shall mean any Engineer or Asstt. to the Engineer-in-charge

designated from time to time by the Engineer-in-charge to perform duties set forth in the Tender documents whose

authority shall be notified in writing to the Contractor by the Engineer-in-charge.

1.5 "Tender" The offer or proposal of the Tenderer submitted in the prescribed form setting forth the prices for

the work to be performed, and the details thereof.

1.6 "Contract Price shall mean total money payable to the Contractor under the contract documents.

1.7 "Addenda" shall mean the written or graphic notices prior to submission of tender which modify or

interpret the contract documents.

1.8 "Contract Time" - The number of consecultative calendar months for the completion of work as stated in

the executed contract agreement.

1.9 "Contract" shall mean agreements between the parties for the execution of works including therein all

contract documents.

1.10 "Tender document" shall mean Designs, Drawings, specifica- tions, agreed variations, if any, and such other

documents constituting the tender and acceptance thereof.

1.11 "The Sub-Contractor" means any person, firm or company (other than the contractor) to whom any part of

the work has been entrusted by the Contractor with the written consent of the Engineer-in-charge and the legal

personnel representative, successors and permitted assigness of such person, firm or company.

1.12 "The Specifications" shall mean all directions' the various technical specifications provisions and

requirements attached to the contract which pertain to the method and manner or performing the work to the quality

of the work and the Materials to be furnished under the contract for the work and any order(s) or instruction (a)

thereunder. It shall also mean the latest Indian Standards Institution Specifications for or relative to the particular

work or part there of, so far as they are not contrary to the Tender specifications or I.S.I. specifications, and in

absence of any tender specifications, the specifications of any other country applied in India as a matter of

Standard Engineering practice and apprroved in writing by the Engineer-in-charge with or without modifications.

1.13 The "Drawing" shall include maps, plans, tracings or prints thereof with any modifications approved in writing

by the Engineer-in-charge and 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.

1.14 The "Work" shall mean the works to be executed in accordance with the context or the part thereof as the

case may be and shall include extra, additional altered or substituted works as required for the purpose of the

Contract. It shall mean the totally of the work by expression or implication envisaged in the contract and shall

include all material, equipment and labour required for or relative or incidental to or in connection with the

commencement, performance and completion of any work and/or for incorporation in the work.

1.15 The "Permanent work"means works which will be incorporation in and form part of the work to be handed

over to the owner by the contractor on completion of the contract.

1.16 The "Temporary Work" shall mean all temporary works of every kind required in or about the execution,

completion and maintenance ofthe work.

1.17 "Site shall mean the land and other place on, under, on or through which the work is to be carried out and

any other lands or places provided by the Municipal Corporation for the purpose of the Contract together with any

other places designated in the Contract as forming part of the site.

1.18 "The Construction Equipment" means all appliance/equipments of whatever nature required in or for execution,

completion or maintenance of work or temporary works (as hereinafter defined) but does not include Materials or

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

1.19 "Notice in Writing or Written Notice" means a notice written, types or printed form delivered personally

or sent by Regisgered post to the latest know private of business address at Registered Office of the Contractor.

1.20 The "Alteration/Variation order" means an orders given in writing by the Engineer-in-charge to effect

additions to or deletion from and alterations in the work.

1.21 "Final Test Certificate" shall mean the final test Certificate issued by the owner within the provisions of

1.22 The "Completion Certificate" shall mean a certificate to be issued by the Engineer-in-charge when the

work has been completed to his satisfaction.

1.23 The "Final Certificate" shall mean the final certificate issued by the Engineer-in-charge after the work is

finally accepted by the owner.

1.24 "Defect Liability Period" shall mean the specified period between the issue of completion Certifi-cate and the

final certificate as specificed in the tender.

1.25 "Approved" shall mean approved in writing including subsequent modification in writing of previous

verbal approval and "Approval" means approved in writing including as aforesaid.

1.26 "Letter of Acceptance"shall mean an intimated by a letter to tenderer that the tender has been accepted in

accordance with provisions contained therein.

1.27 "Order" and "Instruction" shall respectively mean any written order or instruction given by the Engineer-

in- charge within the scope of his powers in terms of the Contract.

1.28 "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 non-perishable Materials to be incorporated in the work

supplied by the Contractor.

1.29 "Security Deposit" shall mean the deposit to be held by the owner as security for the due performance of

contractual obligations.

1.30 "The appointing authority" for the purpose of Arbitration shall be the Municipal Commissioner, Surat

Municipal Corporation, Surat.

1.31 Retention Money shall mean the money retained from R.A.Bill for due completion of "NET WORK'.

1.32 Unless otherwise specifically stated, the masculine gender shall include the faminine and natural genders

and viceversa and the singular shall include the plural and vice-versa.

GC-02 LOCATION OF SITE AND ACCESSIBILITY

The site of works is within the limits of Surat Municipal Corporation. It is served by all weather roads and

Western Railway Broad Guage line, Government Irrigation Canal Crossing. The intending Tenderer should inspect the

site and make himself familier with site conditions and available communication facilities. Non availability of

access/roads shall in no case be the cause to condon any delay in the execution of the work or be the cause for any

claims or extra compensation.

GC-03 SCOPE OF WORK

The scope of work is defined broadly in the special conditions of Contract and specifications. The Contractor shall

provide all necessary Materials equipment and labour etc. for the execution and of the work till completion. All

Materials that go with the work shall be approved by the Engineer-in-charge prior to procurement and use.

Owner at his discretion may endeavour to provide water to the Contractor at the owner's source of supply at one point at

the rate charged for such works.

The contractor shall make his own arrangement for the distribu- tion pipe net works from the source of supply after

getting prior permission for the same from the Engineer-in-charge. Supply of water shall not be free and the necessary

charges as fixed by the Local Body shall have to be paid by the contractor.

However,owner does not guarantee the supply of water and this does not relieve the contractor of his responsibility in

making his own arrangements and for the timely completion of the work as stipulated.

The Contractor shall have to make his own arrangement for power supply.

LAND FOR CONTRACTOR'S FIELD OFFICE, GODOWN & WORKSHOP

Owner will not be a position to provide land required for Contractors shall have to make his own arrangement for

the same. No land will be provided by S.M..C. to the contractor for constructing his labour and supervisory comp

and other service facilities.

GC-04 RULLING LANGUAGE

The language according to which the contractor shall be constructed and interpreted shall be English. All entries in

the contract documents and all correspon-dence between the contractor and the Municipal Corporation or the

Engineer shall be in English. All dimensions for the Materials shall be given in metric units only.

GC-05 INTERPRETATION OF CONTRACT DOCUMENT

1. The provisions of the General Conditions of Contract and special conditions of contract shall prevail over

those of any other documents of the contract unless specifically provided otherwise. Should there be any

discrepancy, inconsistency error or ommission in the several documents forming the contract, the matter may be

referred to the Engineer-in-charge for his instructions and decision. The Engineer-in-charge's decision in such case

shall the final and binding to the contractor.

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

specifications without showing on the drawings shall be taken as described in the specifications and shown on the

3. The heading and the marginal notes to the clauses of those general conditions of contract or to the

specifications or to any other part of tender documents are solely for the purpose of giving a concise indication and

not a summary of contents thereof or be used in the interpretation or construction thereof of the contract.

4. Unless otherwise stated specifically, in this contract documents the singular shall include the plural and vice

versa wherever the context so requires. Works implementing persons shall include relevant corporated companies/

registered associations / body of individual / firm of partnership.

5. Not with standing the sub-divisions of the documents into separate sections and volumes every partof each

shall be supplementary to and complementary of every other part and shall be read with and into the context so far as

it may be practicable to do so.

6. Where any portion of the General Conditions of contract is repugnant to or ar variance with any provisions

of the special conditions of contract, then, unless a different intension appears, the provisions of the special

conditions of contract shall be deemed to override the provisions of General conditions of Contract and shall to the

extent of such repugnancy or variance prevail.

7. The Materials, Design and Workmanship shall satisfy the relevant I.S.S.and Codes referred to. If Additional

require- ments are shown in the specifications, the same shall be satisfied over and above I.S.S. and Codes.

8. If the specification mention that the contract shall perform certain work or provide certain facilities, it will

mean that the contractor shall do so at his own cost.

9. The correctness of the details given in the tender documents is not guaranteed. The contracotr shall

independently obtain all necessary information for making the tender. The contractor shall be deemed to have

examined the Contract Documents, to have generally obtained his own information in all matters that might affect the

carrying out of the work or the Tenderer rates. Any error in description of quantity or commission there from 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 tendered rates. He is deemed to have known the scope, nature and magnitude of

the work and the requirements of Materials and labour involved and as to what all works he has to complete in

accordance with the contract what-soever be the defects, omissions, or errors that may be found in the contract

documents. The contractor shall be deemed to have visited the site and the surroundings,to have satisfied himself to the

nature of all existing structures, if any, and also as to the nature and the conditions of railways, roads, bridges and

culverts, means of transport and communications, whether by land, air or water and as to possible interceptions thereto

and the access and agrees from the site, to have made inquires, examined and satisfied himself as to the sites for

obtaining sand, stones, bricks and other Materials, the sites for disposal of surplus Materials, the available

accommodation as to whatever required, the depicts and such other buildings as may be necessary for executing

and completing the work, to have local independent inquiries as to the subsoil, subsoil water and variation thereof,

storms, prevailing winds, climatic conditions and all other similar matters effecting the work. He is deemed to have

acquinted himself as to his liability for payment of Government taxes, custom duty and other charges.

Any neglect or failure on the part of the contractor in obtaining necessary and reliable information upon the

forgoing or any other matters affecting the contract shall not relieve him from any risks or liabilities or the entire

responsibility from completion of the work at the tendered rates and time in strict accordance with the contract

No verbal agreement or inference from conversation with any officer or employee of the worner either before or after

the execution of the Contract Agreement shall in any way effect or modify any of the terms of obligations herein

GC-06 CONTRACTOR TO UNDERSTAND HIMSELF FULLY

The contractor by tendering shall be deemed to have satisfied himself, as to consideration and cirucmstances affecting

the tender price, as to the possibility of executing the works as shown and described in the contract and to have

fixed his prices accordingg to his own view on these matters and to have understand that no additional allowances

except as otherwise expressely provided, will after words be made beyond the contract price. The contractor shall

be responsible for any misunder-standing or incorrect information given in writting by the Engineer.

GC-07 ERROR IN SUBMISSION

The contractor shall be responsible for any errors or ommissions in the particulars supplied by him. Whether

such particulars have been approved by the Engineer or not, provided that such discrepancies, errors or ommissions be

not due to inaccurate information or particular furnished in writing to the Contractor by the Municipal Corporation

or the Engineer.

GC-08 SUFFICIENCY OF TENDER

The Contractor shall be deemed to have satisfied himself before tendering as to the correctness of the tender rates

which rates shall, except as or other wise provided for, cover all the Contractor's liabilities and obligation set forther or

implied in the contract for the proper execution of 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 figures dimension in preference to scale and special

conditions in preference to general conditions. Special direction or dimen- sions given in the specifications shall

supersede all else. Should any discrepanies however, appear or should any misunderstanding arise as to the

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

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

under this contract or as extra there upon the same shall be explained by the Engineer-in-charge and his explanation

shall subject to the final decision of the Additional City Engineer, in case reference be made to him, be binding

upon the contractor shall execute the work according to such explanation (subject to aforesaid) and without addition to

or deduction from the contract and shall also do all such works and things necessary for the proper completion of

the works as implied by the Drawings and specifications, even though such works and things are not specially

shown and described in said specifications. In cases where not particular specifications are given for any article to be

used under the contract, relevant specifications of the Indian Standard Institution shall apply.

GC-10 PERFORMANCE GUARANTEE : (Security Deposit)

The total Security Deposit is 4% (Four) percent of contract value and shall be as under:

The successful tenderer shall have to pay initial security deposit at 2% (two) percent of the tendered amount.

 Initial Security Deposit (2%) shall be paid in form Demand Draft/ Pay Order if the Tender Amount of work is

less than Rs. 2.00 crore.

 Initial Security Deposit (2%) shall be paid in form Demand Draft/ Pay Order / bank Guarantee (encashable at

Surat city)/ FDR if the tender Amount of work is more than Rs. 2.00 crore & 2.00 crore.

The person/persons whose tender may be accepted [here-in after called the Contractor, which expression shall unless

excluded by or repugnant to the context include his heirs, executors, administrators and assignees shall (within 15 days

of the receipt by him of the notification of the acceptance of his tender) deposit with Municipal Commissioner cash or

Government securities endorsed to the Commissioner sum sufficient which will make up the full security deposit

specified in the tender.

If the amount of the security deposit to be paid in lump sum within the period specified above is not paid the tender

contract already accepted shall be considered as cancelled. The security deposit lodged by Contractor shall be refunded

after the expiry of the Defects Liability period as shown in the attached Memorandum after deducting dues, if any,

which become liable to be recovered from the Contractor under the terms and conditions of this Agreement.

Regarding remittance and release of Security Deposit (SD), Retention money deposit (RMD) following clause will

supersede over and above all the clauses depicted in the tender document.

Tender costing Less than Rs.2.00 Crore.

(a) Remittance of SD/RMD

(i) The total security deposit shall be recovered at the rate of 4% from contractor. Out of which,

50% of amount as Initial Security Deposit shall be payable at the rate of 2% of approved tender

cost in form of Cash or Demand Draft/ Pay Order of any Nationalised Bank (encashable at Surat

(ii) 7% Retention money (remaining 2% SD + 5% Additional retention Money) deposit to be retained from each

running account bill.

(b) Release of SD/RMD

(i) Initial Security Deposit of 2% (Shall be Released after completion of final bill as well as on completion of

audit related procedure)

(ii) 7% Retention money (2% SD + 5% Additional retention Money) deposit to be deducted from running bills

(Shall be released with final bills)

Tender costing Rs.2.00 Crore. & more than Rs.2.00 Crore.

(a) Remittance of SD/RMD

(i) The total security deposit shall be recovered at the rate of 4% from contractor. Out of which, 50% of amount

as Initial Security Deposit shall be payable at the rate of 2% of approved tender cost in form of in Cash or

Demand Draft/ Pay Order / FDR / Bank Guarantee of any Nationalised Bank (encashable at Surat city).

(ii) The remaining amount of the Security Deposit i.e. 2% to be deducted from each running account bill.

(iii) 5% Retention money deposit (RMD) to be retained from each running account bill.

(b) Release of SD/RMD

(i)The 2% Initial security deposit shall be released after clearance of Final bill by Audit Dept.

(ii)Whereas, the 2% security deposit recovered from the each running account bills Shall be released only

after clearance of Final bill by Audit Dept. & completion of defect liability period.

(iii) 5% Retention money deposit (RMD) to be released along with final bill.

The amount recovered from the running bills as security deposit shall not be allowed to the transferred in the form of

Bank Guarantee. However, the remaining 50% (2% of Security Deposit) of the amount so, deducted from running bills

will be allowed for conversion in the form of interest bearing fixed deposit receipt, (FDR) issued in favour of the

Municipal Commissioner, Surat Municipal Corporation, Surat by a Nationalized Bank located at Surat only. Additional

stamp duty payable as per government prevailing rule shall be paid by contractor for remittance of this FDR.

It is clarified that the amount of security deposit shall be collected on the basis of contract price and not on the basis of

Estimated Amount put to tender. As initial Security Deposit as mentioned above, accepted by the competent Authority

shall have to be paid toward Security Deposit at the time of execution of agreement.

Interest will be payable on FDR (that is deducted from Running Bill and converted in to FDR for initial SD) for One

year, after completion of work. After that no further interest shall be paid for any extended period what so ever.

If the Security Deposit is not paid within 10 days from the date of L.O.I. / Work Order than penalty at the rate of0.065%

per day of the amount of Security Deposit will charged. If the Security Deposit is not paid within one month with

interest, necessary actions as per condition of contract will be taken.

If initial Security deposit is paid in form of Fixed Deposit, additional stamp paper amounting As per

government’s prevailing rule of Security Deposit shall be used to execute the agreement.

The undertaking shall be executed on stamp paper worth Rs. 300/-.

The Surety shall be executed on stamp paper worth Rs. 300/-.

GC-11 INSPECTION OF WORK

1. The Engineer in charge will have full power and authority to inspect the work at any time wherever in progress

either on the site or at the contractor's any other manufacturers workshops or factories wherever situated and the

contractor shall afford for Engineer-in-charge every facility and assistance to carry out such inspection. Contractor

or his authorised representative minimum ( B.E Civil ) shall, at all time during the usual working hours and all other

times when so notified or rehabilitation work in progress ,( no work allowed without engineer from contracter and also

without engineer from department) , contracter engineer remain present to receive orders and instructions, orders

given to Contractor's representative shall considered to have the same force as if they had been given to the contractor

himself. Contractor shall give not less than 7 days notice in writing to the Engineer-in- charge before covering up or

otherwise placing beyond reach of inspection and measuring any work in order that the same may be inspected and

measured. In the event of breach of the above, the same shall be recovered at Contractor's expenses for carrying

out such inspection or measurment.

2. No material shall be despatched from contract store on site of work before obtaining approval in writing of the

Engineer-in-charge, Contractor shall provide at all time during the progress of work and maintenance period proper

means of access with ladders, gangways, etc. and the necessary attendance to move and adopt as d irected for

inspection or measurement of work by Engineer-in-charge.

GC-12 DEFECT LIABILITY

1.Contractor shall guarantee the work for a period of 12 months fromthe date of issue of completion certificate. Any

damage or defect that may arise or that may remain undis- covered at the time of issue of completion certificate

connected in any way with the equipment or Materials supplied by him or in the Workmanship be rectified or

replaced by contractor at his own expenses as desired by Engineer-in-charge or in default may cause the same to be

made good by other agency and deduct expenses of which the certificate of Engineer-in-charge shall be final from

any sums that may then or any time thereafter become due to contractor of sale thereof or of a sufficient portion

2.From the commencencement to completion of work contractor shall take full responsibility for the case of the

work including all temporary works and in case any damage, loss or injury shall happen to work or any part thereof or

to any temporary works from any cause whatsoever and shall at his own cost repair and make good the same so that at

completion work shall be in good order and in confirmity in every respect with the requirements of contract and

as per the instructions of the Engineer-in-charge.

3.If at any time before the work is taken over, the Engineer- in-charge shall -

(a) Decide that any work done or Materials used by the contractor are defective or not in accordance with

contract or that work of any portion thereof is defective or do not fulfill the requirements of contract (all such

Materials being hereinafter called defects in this clause and (b) as soon as reasonably practicable given to contractor

notice in writing of the said defect specifying particulars of the defects alleged to exist or to have occured, then

contractor shall at his own expenses and with all speed make good the defects so specified.

(b) In case contractor fails to do so, owner may take at the cost of the contractor, such steps as may in all

circumstances, be reasonable to make good such defects. The expenditure so incurred by S.M.C. will be recovered

from the amount due to contractor. The decision of Engineer-in-charge with regard to the amount to be

recovered from contractor will be final and binding on the contractor.

GC-13 POWER OF ENGINEER TO GIVE FURTHER INSTRUCTIONS

The Engineer 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 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 effectually as though the same

had accompanied or had been mentioned or referred to in the specifications. No work which readically changes the

original nature of the contract shall be ordered by the Engineer and in the event of any deviation being

ordered,which in the opinion of the contractor changes the original nature of the contract, the shall nevertheless carry it

out and any disagreement as to the nature of the work & the rate to be paid thereof shall be resolved.The time of

completion of works, in the event of any deviations, resulting in additional cost over the contract sum being ordered,

then be extended or reduced reasonable by the Engineer. The Engineer's decision in the case shall be final and binding.

GC-14 PROGRAMME

The time allowed for execution of works shall be essence of the contract. The contract period shall commence from date

of Notice of intimation to proceed. The tenderer at the time of submitting his tender shall indicate the construction or

pipeline schedule, the month-wise programme, daily work schedule or bar chart required for the execution of the works

and shall confirm the same within fourteen (14) days of the acceptance of his Tender. The contractor shall provide

to the Engineer-in-charge a detailed programme of time schedule for execution of the works in accordance with the

specifications & the completion date. The entire programme to be finalised by the Contractor,has to confirm to the

execution period mentioned alongwith the Bill of Quantities in the Tender Documents.The Engineer upon scrutiny of

such submitted programme by contractor,shall examine suitability of it to the requirement of contract and suggest

modifications, if found necessary.

GC-15 SUBLETTING OF WORKS

No part of the contract nor any share or interest thereon shall in any manner or degree be transferred,assigned or sublet

by the contractor directly or indirectly to any firm or Corporation whatsoever except as provided for in the succeding

subclause without the consent in writing of the owner.

GC-16 SUB-CONTRACTORS FOR TEMPORARY WORKS ETC.

The owner may give written consent to sub-contractors for execution of any part of the work at the site being

entered upon by the contractors provided each individuals contractor is submitted to the Engineer-in-charge before

being entered into and in approved by him. List of Sub-Contractors is to be supplied. Not with standing any

subletting with such approval as aforesaid and not with standing the Engineer-in-charge shall have received copies

of any sub-contractors, the contractors shall be and shall remain solely responsible for the quality and proper

expenditions and execution of the works and the performance of all the conditions of contract in all respects as if

such submitting or sub-contracting had not taken place and as if such work had done directly by the Contractor.

GC-17 TIME FOR COMPLETION

1. The work covered under this contract shall be commenced from the date of contract 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 No. GC-18 (Extension of time) the

contractor will be panalised for the delay.

2. The general time schedule for work is given in the tender document. Contractor shall prepare a detailed weekly or

monthly programme of work in consultation with Engineer-in-charge soon after the agreement and the work shall be

strictly executed accordingly. The time for as construction of road given includes,the time required for testing,

rectification if any, retesting and completion in all respects to the entire satisfaction of the Engineer- in-charge.

GC-18 EXTENSION OF TIME

Time shall be considered as the essence of the contract. If however, the failure of the Contractor to complete the

work as per the stipulated dates referred to above arises from delays on the part of Municipal Corporation in

supplying the Materials of equipment it has undertaken to supply under the contract or from delays in handing over

sites or from increase in the quantity of work to be done under the contract, or force Majeure an appropriate extension

of time will be given. The Contractor shall request such extension within one month of the cause of such delay and

in any case before expirry of the contract period.

GC-19 CONTRACT AGREEMENT

The successful tenderer shall when called upon to do so, enter into and execute the Contract Agreement within (10)

Ten days of the Notice of Award, in the form shown in tender documents with such modifications as may be

necessary in the opinion of the Municipal Commissioner. It should be incumbent on the contract to pay the stamp duty

and the legal charges for the completion of the contract agreement.

GC-20 A.PENALTY FOR DELAY

If the contractor fails to complete the work within the stipulated completion date for the work or he shall pay

liquidated damages at one tenth of Two percent of contract value per day of delay in completion and handing over the

work or part thereof as the case may to the Municipal Commissioner. The amount of liquidated damages shall,

however, be subjected to a maximum of ten (10) percent of the contract value. Delays in excess of one hundred days

will be a cause for termination of the contract and forfeiture of all security for performance.

The successful tenderer shall have to submit the progress bar-chart within Ten days after the contract, and the

contractor should work as per the approved bar-chart, failing the contractor shall have to pay the compensation for

delay as per the decision of Municipal Commissioner.

GC-21 FORFEITURE OF SECURITY DEPOSIT

Whenever any claim arises against the contractor for the payment of a sum of money out of or under the contract, the

owner shall be entitled to recover such sum by appropriating in part of 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 shall pay to the owner on demand may balance

GC-22 ACTION OF FORFEITURE OF SECURITY DEPOSIT

In any case in which under any clause or clauses of the contract, the contractor shall have forfeited the whole of

his Security deposit or have committed a breach of any of the terms contained in this contract, the owner shall have

power to adopt any of the following courses as he may deem best suited to his interest -

(a) To rescind the contract (of which rescission 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% costs on above to cover all departmental charges and crediting him

with the value of work done at the same rates as if it has been carried out by the contractor under the terms of

his contract. The certificate of Engineer-in-charge as to the value of the work done shall be final and conclusive

against the contractor.

(c) To measure up the work of the contractor and to take such part hereof as shall be unexecuted out of his hand to

give it to another contractor to complete. In this case the excess -expenditure incurred than what whole have

been paid to the original contractor, if the would work had been executed by him, shall be earnest and paid by

the original contractor and shall be deducted from any money due to him by the owner under the contract or

otherwise and for the excess expenditure, the certificate of the Engineer- in-charge shall be final and conclusive.

In the event any of the above course being adopted by the owner, the contractor shall have no claim to compensation

for any less sustained by him by reason of his having purchased or procured any Materials or entered into any

agree-ment so or made by advance on account of or with a view to the execution of the work of the performance of

the contract. In such case the contractor shall not be entitled to recover or be paid by sum for any work actually

performed under this contract unless the Engineer-in-charge will certify in writing the performance of such work and

the value payable in respect thereof and the shall only be entitled to be paid the value so certified. In the event of the

owner putting in force the powers as stated in a, b, c, above vested in him under the preceeding clause, he may, if he

so desire, take possession of all or any tools and plant, Materials and stores in or upon the work or the site thereof

belonging to the contractor, or procured by him and intended to be used for the execution of the work or any part

thereof paying or allowing for the same in account at the contract rates to be certified by the Engineer-in-charge

whose certificate thereof shall be final otherwise the Engineer-in-charge may give notice in writing to the contractor or

his representative requiring him to remove such tools plant Materials or stores from the premises within the time

specified in the notice and in if the contractor fails to comply with any such notice, the Engineer-in-charge may

remove them at the Contractor's expenses or sell them by auction or private sale on account of the contractor and his

risks in all respects without any furhter notice as to the date, time to place of the sale and the certificate of

Engineer-in-charge as to the expenses 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 NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORK

If at any time from the commencement of work, the owner shall for any reasons whatsoever not require the whole or

part thereof a specified in the tender to be carried out, the Engineer-in- charge shall give notice in writing of the

contractor, who shall have no claim to any payment or compensation whatsoever on account of any profit or

advantage which he might have derived from execution of work in full, but which he did not derive in consequence of

the full amount of the work not having been carried neither shall be have any claim for compensation by reason

if any alternations having been made in original specifications, drawings, designs and instructions which shall

involve any curtailment of the work as originally contemplated.

When the contractor is a partnership firm, the prior approval in writing of the S.M.C.shall be obatined before any

change is made in the constitution of the firm, where the contractor is an individual or a Hindu Undivided Family

business concern, such approval as aforesaid shall, likewise be obtained before sub- contractor enters into any

agreement with other parties whereunder the reconstituted firm would have the right to carry out the work hereby

undertaken by the contractor. In either case if prior approval as aforesaid is not obtained, the contract shall be deemed

to have been allotted in contravention of sub- letting clause hereof and the same action may be taken and the same

consequence shall ensure as provided in the sub-letting clause.

GC-24 IN EVENT OF DEATH OF CONTRACTOR

Without prejudice to any of the right or remdies under the contract, if the contractor dies, the owner shall have the

option of terminating the contract without compensation to the contractor.

GC-25 MEMBER OF THE OWNER NOT INDIVIDUALLY LIABLE

No official or employee of the owner shall in any way be personally bound or liable for the acts or obligations

of the owner under the contract or answerable for any default or ommission in the observance or performance of the

acts, matters or things which are herein contained.

GC-26 OWNER NOT BOUND BY PERSONAL REPRESENTATIONS

The contractor shall not be entitled to any incresse on the Schedule of rates or any other rights or claims whatsoever by

reason of representation, explanation or statement or alleged representation, promise or guarantees given or alleged to

have been given to him by any person.

GC-27 CONTRACTOR'S OFFICE AT SITE

The Contractor shall provide and maintain an office at the site for the accommodation of his agent and staff and such

office shall be opened at all reasonable hours to receive instruc- tions, notice or other communications.

GC-28 CONTRACTOR'S SUBORDINATE STAFF AND THEIR CONDUCT

1. The contractor on award of the work shall name and depute a qualified Engineer , having experience of carrying

out work of similar nature, to whom equipments, 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 to

superintend the execution of the work, competent sub- agents, foremen and leading hands including those specially

qualified by previous expeditions to a supervise the type of works comprised in the contract in such manner as will

ensure work of the best quality and expeditions working, it, in the opinion of the Engineer-in-charge, additional

properly qualified supervision staff is considered necessary, if 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, it any shall provide competent and efficient supervision over the work entrusted to them.

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

employees shall, in the opinion of Engineer-in-charge, be guilty of any misconduct or be incompetent or insufficiently

qualified or inteligent in the performance of their duties or that in 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 person or persons from employment thereon. Any person

or persons so removed shall not again be remployed 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 expenses of

the contractor by acqualified and competent substitute. Should the contractor be required to repatriate any person

removed from the works he shall do so and shall bear all costs in connection therewith.

3. The contractor shall be responsible for the proper behaviour of all the staff, foremen, workmen and others shall

exercise proper control over them and in particular and without prejudice to the same. Generally, the contractor

shall be bound to prohi-bit,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 neigh-

bourhood 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 grounds whatsoever. The

decision of the Engineer-in- charge upon any matter arising under this clause shall be final.

4. If and required by the owner, the contractor's personnel entering upon the owner's premises shall be properly

identified by badges of a type acceptable to the S.M.C. which must be worn at all times on owner's premises.

GC-29 TERMINATION OF SUB-CONTRACTOR BY OWNER

If any sub-contractor engaged upon the works at the site executes any work which in the opinion ofEngineer-in-

charge is not in accordance with the contract documents, the S.M.C. may be give written notice to the contractor

request his to terminate such sub-contract and the contractor upon the receipt of such notice shall terminate such sub-

contract and the letter 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 compensa-tion, extension of time or otherwise.

GC-30 POWER OF ENTRY

If the contractor shall not commence the work in the manner previously described in the contract documents or if he

shall, at any time, in the opinion of Engineer-in-charge.

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

(ii) Fail to carry out the works in accordance with the time schedule.

(iii) Substantially suspend work or the works for a period of fourteen days without authority from Engineer-in-

(iv) Fail to carry out and execute the work to the satisfaction of the Engineer-in-charge or

(v) Fail to supply sufficient or suitable construc-tion plant temporary works, labour Materials or things or

(vi) Commit breach of any other provisions of the contract on his part to be performed or observed or persist

in any of the above mentioned breached of the contract for fourteen days after notice in writing shall have

been given to the contractor by the Engineer-in-charge requiring such breach to be remedied or

(vii) Abandon the work or

(viii) During the continuance of the contract becomes bankrupt, make any arrangement or compromise with his

creditors, or permit any execution to be levied or go into liquidation whether compulsory or voluntary

not being merly a voluntary liquidation for the purpose of amalgamation or reconstruction then in any

The owner shall have the power to enter upon the works and take possession thereof and of the Materials, temporary

works, constructional plant and stock therein, and to revoke the contractor's licence to use the same and to complete

the works by his agents, other contractor or workman or to relate the same upon any terms and to such other person,

firm or corporation as the owner in his absolute discretion may think proper to employ, and for the purpose aforesaid to

use or authorise the use of any Materials, temporary works, constructional plant, and stock as aforesaid, without

making payment or allowance to the Contractor for the said Materials other than such as may be certified in written by

the Engineer-in-charge to be reasonable and without making any payment or allowance to the contractor for the use of

said temporary works, constructional plant and stock or being liable for any less 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 incur

excess certified by the Engineer-in-charge shall 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 fortwith be made good and paid to the owner

by the contractor and the owner shall have power to sell in such manner and for such price as he may think fit all or

any of the constructional plant, Materials etc. constructed by or belonging to and recoup and retain the said deficiency

or any part thereof out of the proceeds of the sale.

GC-31 CONTRACTOR'S RESPONSIBLITY WITH THE OTHER CONTRACTOR & AGENCIES

Without repugnance to any other condition, it shall be the responsibility of the contractor executing the work of civil

construction to work in close co-operation and co-ordinate the work with other contractors or their authorised

represaentative and the contractor will put a joint scheme with the concurrence of other contractors showing the

arrange-ments for carrying his portion of the work to the Engineer-in-charge and get the approval. The Engineer-

in-charge before approving the joint scheme will call the parties concerned and modify the scheme if required. No

claim will be entertained on account of the above. The contractor shall conform in all respects with the

provisions of any statutory regulations, ordinances or by laws of any local or locally consitituted authorities or public

bodies which may be applicable from time to time to works or any temporary works. The contractor shall keep the

owner indemnified against all penalties and liabilities of every kind arising out of non-adherence to such statutes,

ordinanace, laws, rules, regulations, etc.

GC-32 OTHER AGENCIES AT SITE

The Contractor shall have to execute the work in such place and condition where other agencies will also be engaged

for other works, such as site grading, filling and levelling, electrical and mechanical engineering works, etc. No

claim shall be entertained for works being executed in the above circumstances.

Any notice under this contract may be served on the contractor or his duly authorised 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 RIGHT OF VARIOUS INTERESTS

The owner reserves the right to distribute the work between more than one contractor. Contractor shall co-operate and

afford reasonable opportunity to other contractors for access to the works for the carriage and storage of Materials and

execution of their works.

Wherever the work being done by any 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

Engineer-in-charge to secure the completion of various portions of the work in general harmoney.

GC-35 PRICE ADJUSTMENT

No Price adjustment in price shall be paid.

GC-36 TERMS OF PAYMENT

The payment of Bills shall be made progressively according to the rules and practice followed by the Municipal

Corporation. The progressive payment unless otherwise provided in the Contract Agreement or sub-sequently agreed

to by the parties, shall be made generally monthly on submission of a bill by the Contractor in prescribed form in an

amount according to the value of the work performed less the aggregate of previous progressive payments and as

required by clause GC-37 (Retention money) herein. All such progressive payment shall be regarded as payment 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 conditions at Clause GC-77 (Measurement of Work in Progress)

GC-37 RETENTION MONEY

Pursuant to Clause GC-36 Terms of Payment on all money due to the contractor for work done, Municipal

Corporation will hold retention money as per clause IT -27. 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

Municipal Corporation and completion certificate issued by the Municipal Corporation in pursuant to Clause No.GC-83

(Completion Certificate).

However,after the assurance of completion certificate, and Municipal Commissioner may at its own discreation and

having considered the Contractor's performance and diligence during the contract time allow the retention money to

converted into a Bond as stipulated in the Clause GC-10 (Performance Bond Security Deposit).

GC-38 PAYMENT DUE FROM THE CONTRACTOR

All costs, damages or expenses, for which under the Contract the Contractor is liable to the Municipal Corporation

deducted by the Municipal Corporation from any money due or becoming due to the Contractor under the contract or

from any other contract with the Municipal Corporation or may be recovered by action at law or other-wise from

the Contractor.

GC-39 CONTINGENT FEE

1. The Contractor warrants that he has not employed any person to solicit or secure the contract upon any

agreement for a commission, percentage, brokerage or contingent fee. Breach of this warranty shall give the Municipal

Commissioner the right to cancel the contract or to take any other measure as the Municipal Commissioner 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.

2. No officer, employer of the Municipal Corporation be admitted to any share or part of this contract or to any

benefit that may rise therefrom.

GC-40 BREACH OF CONTRACT BY CONTRACTOR

If the contractor fails to perform the work under the contract with due diligence or shall refuse or neglect to comply with

instruction given to him by the Engineer-in-charge in accordance with the contract, or shall contravence the provisions

of the contract, the S.M.C. 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 twenty eight (28) days of receipt, if

the Municipal Commissioner shall think fit, it shall be lawful for the Municipal Corporation, without prejudice to any

other rights, the contractor may have under the contract, to terminate the contract for all or part of the works, and to

make any other arrangements it shall deem necessary to complete the work outstanding under the contract at the time of

termination. In this event Article GC-15 (Subletting of work)and GC-16 (Sub-Contracts for Temporary Works

etc.)hereof shall be invoked and the performance Bond shall immediately become due and payable to the Municipal

Commissioner the value of the work done on the date of termination and not paid for shall stand forfeited to the

Municipal Corporation and the Municipal Corporation shall have free use of any works which the contractor may have

at the site at the time of termination of the contract.

GC-41 DEFAULT OF CONTRACTOR

1. The Municipal Corporation may upon written notice of default to the contractor terminate the contract in

circumstance detailed hereunder :

(a) If in the judgement of the Municipal 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 Municipal

Corporation /Engineer to the Contractor.

(b) If in the judgement of the Municipal Corporation the contractor fails to comply with any of the provisions of this

2. In the event the Municipal Commissioner terminates the contract inwhole or in part as provided in

Article GC-48 (Termination of Contract), the Municipal Corporation reserves the right to perchase upon such terms

and in such manner as it may deem appropriate, plant similar to that terminated and the contractor will be liable to the

Municipal Corporation for any additional costs for such similar and / or for liquidated damaged for delay until such

resonable time as may be required for the final completion of works.

3. If this contract is terminated as provided in this paragraph GC - 30 (Power of entry) (1) the Municipal

Corporation in addition to any other rights provided in this clause, may require the Contractor to transfer title and

deliver to the Municipal Corporation under any of the following cases in the manual and as directed by the Municipal

Corporation. (a) Any partially completed information and contract rights as the contractor has specifically produced or

acquired for the performance of the contract so termi-nated.

4. In the event the Municipal Corporation does not terminate the contract as provided in the paragraph GC-

48 (Termination of Contract) the Contractor shall continue performance of the contract, in which case the shall be

liable to the Municipal Corporation for liquidated damages for delay until the works are accepted.

GC-42 BANKRUPTCY

If the Contractor shall become bank rupt or insolvent or have a receiving order made against him, or compound

with the creditors, or being the Municipal Corporation commence to be wound up, not being a member's Voluntary

winding up for the purpose of amalgamation or reconstruction, or carry on its business under a receiver for the

benefit of his creditors or any of them, the owner 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 organisation in

whom the contract may become vested and to act in the manner provided in Article GC-41 (Default of Contractor)

as though the last mentioned notice had been the notice referred to in such Article of (b) to give such receiver

liquidator or other person in work the contract may become vested the option of carrying out the contract subject to

his providing a satisfactory guarantee for the due and faithfully performance of the contract subject to his

providing a satisfactory guarantee for the due and faithfull performance of the contract upto an amount to be agreed.

In the event that the Municipal Corporation terminates the Contract in accordance with this article, the performance

Bond shall immediately become due and payable on demand to Municipal Corporation.

GC-43 OWNERSHIP

Works supplied pursuant to the Contract shall become the property of the Municipal Corporation from whichever

is the earlier of the following times, namely,

(a) When the works are completed pursuant to the Contract.

(b) When the Contractor has been paid any sum to which he may become entitled in respect thereof pursuant to clause

GC-36 (Terms of Payment).

GC-44 DECLARATION AGAINST WAIVER

The condonation by the Municipal Corporation of any breach of brenches by the stipulations and conditions

contained in the contract shall in no way prejudice or effect to the constructed as a waiver of the Municipal

Corporation rights, powers and remidies under the contract in respect of any breach or breaches.

GC-45 LAWS GOVERNING THE CONTRACT

The contract shall be constitued according to and Subject to the laws of India and the State of Gujarat and under

the jurisdiction of the courts of Gujarat at Surat.

GC-46 OVER PAYMENT AND UNDER PAYMENT

Whenever any claim forths payment of a sum to the Municipal Corporation arises out of or under this Contract

against the contractor the same may be deducted by the Municipal 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

Municipal Corporation or from any sum due to the contractor with the Municipal Corporation (which may be available

with Municipal Corporation), or from his retention money, or he shall pay the claim on demand. The Municipal

Corporation reserves the right to carry out post payment audit and technical examination of the final bill including all

supporting vouchers, abstracts, etc.

The Municipal Corporation further reserves the right to enforce recovery of any over payment when detected no

withstanding the fact that the amount of the final bill may be included by the Contractor.

It as a result of such audit and technical examination 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 Municipal

Corporation from the contractor by way of all the means prescribed above or if any under payment is discovered

by the Municipal Corporation, any amount due to the contractor under this contract or under payment may be adjusted

against any amount then due or which may at any time thereafter become due before payment is made to the

contractor from him to the Municipal Corporation on any other contract account whatsoever.

GC-47 SETTLEMENT OF DISPUTES

Except or otherwise specifically provided in the contract, all disputes concerning question of fact arising under the

contract shall be decided by the Engineer-in-charge, subjected to a written appeal by the Contractor to the Engineer and

these decisions shall be final and binding on the parties hereto. Any disputes or difference 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 dispute issues shall be settled as

provided in (a).

(a) DISPUTES OR DIFFERENCE TO BE REFERRED TO:

If at any time, any question, disputes or differences of any kind whatsoever shall arises between the Engineer-in-charge

and the Contractor upon or in relation to or in connection with this contract, either party may forthwith give to the other,

notice in writing of the existence of such question, dispute of difference as to any decision, opinion, instruction,

direction certificate or evaluation of the Engineer.

The question or difference shall be settled by the Municipal Commissioner, who shall state his decision in writing and

give notice of same to the Engineer and to the Contractor such decision shall be final and binding upon both parties to

the contract and work on contract if not already breached or abandoned shall proceed normally unless and until the same

shall be revised (or upheld) due to any judicial proceeding.

Should the Municipal Commissioner fail to give a decision within three (3) calendar months after issuance of notice of a

question, dispute or difference or if the Contractor is dissatisfied with any such decision of the Municipal

Commissioner, then the matter may be referred to Standing Committee. Then also, if the said question of difference or

dispute remains unsolved / unsettled and if the contractor is dissatisfied with any such decision of the Standing

Committee, then the matter may be referred to the court of law subject to SURAT JURISDICTION.

GC-48 RIGHT OF THE CORPORATION TO DETERMINE/TERMINATE CONTRACT

i The Corporation shall, at any time, be entitled to determine and terminate the contract, if in the opinion of the

Corporation the cessation of the work becomes necessary owing to paucity of funds or for any other cause

whatsoever, in which case the cost of approved materials at the site as verified and approved by the Engineer-in-

charge and of the value of the work done to date by the contractor shall be paid for in full at the rate specified in the

contract. A notice in writing from the Corporation to the Contractor of such determination and the reason, thereof

shall be the conclusive proof of the fact that the contract has been so determined and terminated by the

ii Should the contract be determined under sub-clause (I) of this clause and the contractor claims payments to

compensate expenditure incurred by him in the expectation of completing the whole of the work, the Corporation

shall consider and admit such claims as are deemed fair and reasonable and are supported by vouchers to the

satisfaction of the Engineer-in-charge. The decision of the Commissioner on the necessity and propriety of any

such expenditure shall be final and conclusive and binding on the contractor.

GC-49 CHANGES IN CONSTITUTION

Where the contractor is a partnership firm, the prior approval in writing of the Municipal Commissioner shall be

obtained any change is made in the constitution of the firm. Where the contractor is an individual or an undivided

family business concern such approval as aforesaid shall like wise be obtained before the contractor enters into any

partnership agreement whereunder 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 Article thereof.

GC-50 SUB-CONTRACTUAL RELATIONS

All work performed for the contract by sub-contractor shall be pursuant to an appropriate agreement between the

contractor and sub-contractor which shall contain provisions to :

a) Protect and preserve the rights of the Municipal Corporation and the Engineer with respect to the work to

be performed under the sub-contract so that the sub-contractor thereof will not prejudice such rights.

b) Require that such work be performed in accordance with requirements of the Contract documents.

c) Require under such contract of 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 and comply in accordance with the contract Documents for like claim by the Contractor

upon the Municipal Corporation.

d) Waive all rights the contracting parties may have against one another for damages caused by fire or other

perils covered by the property insurance except such rights as they may have to the proceeds so such

insurance held by the Municipal Corporation as trustee and

e) Obligate each sub-contractor specifically to consent to the provisions of this Article.

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 be or become due and payable to the contractor. If any lien or claims remaining,

unsettled after all payments are made, the contractor shall refund or pay to the owner all money that the latter may be

compelled to pay in discharging such lien or claim including all cost and reasonable expenses.

GC-52 EXECUTION OF WORK

The whole work shall be carried out in strict conformity with the provisions of the Contract Documents, 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, proper and best Workmanship using Materials of best

quality in strict accordance with the specifications to the entire satisfaction of the Engineer-in- charge.

GC-53 WORK IN MONSOON

When the work continues in monsoon, 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 constructing period the contractor shall keep

the site free from water at his own cost.

GC-54 WORK CLOSED ON SUNDAYS & HOLIDAYS & BETWEEN SUNSET AND SUNRISE

No work shall be carriedout on Sundays and Corporation Holidays and no work shall be carried out between sunset

and sunrise. Except with the special permission of Engineer-in-charge in writing perviously obtained and with

holding such permissions shall be no ground of complaint on the part of contractor or cause for compensation to

them. Working period shall be maximum eight (8) hours per days.

GC-55 EXTRA SUPERVISION CHARGES TO BE BORNE BY CONTRACTOR

Further to clause No.GC-54 when Engineer-in-charge feels necessary to give permission to contractor for carrying out

work for period of more than Eight hours working period in a day and/or to continue work on sunday and Corporation

holidays. Extra Supervision charges arising due to overtime working of Corporation's staff shall be borne by the

contractor at prevailing rates from time to time. Such extra supervision charges shall be deducted by Corporation

from the running bill/s of the contractor at Surat Municipal Corporation's description.

GC-56 DRAWING TO BE SUPPLIED BY THE OWNER

The drawings attached with the tender documents shall be for general guidance of the contractor to enable him to

visualize the type of work contemplated and scope of work involved. Detailed working drawings according to which

the work is to be done shall be furnished from time to time as the work progresses. The contractor shall study the

drawings thoroughly in connection with other connected details and discrepancy if any bring to the notice of the

Engineer-in-charge before actually carrying out the work.

GC-57 DRAWINGS TO BE SUPPLIED BY THE CONTRACTOR

Where drawings, date are to be furnished by the contractor they shall be as enumerated in special condition of contract

and shall be furnished within the specified time. Where approval of drawings has been specified it shall be the

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 these drawings during the execution of the work shall have to be carried out by the

contractor at no extra cost. All final drawings shall bear the certification stamp as indicated below duly signed by both

the contractor and Engineer- in-charge.

"Certified true for ___________________________________project Agreement No._____________________

Signed_________________ ____________________ Contractor Engineer-in-charge Drawings will be approved

within three (3) weeks of the receipt of the same by the Engineer-in-charge.

GC-58 SETTING OUT WORK

The contractor shall set out the work on the site handed 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 in 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, flage, 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, temples level marks profiles and similar other things and shall take and

necessary precautions to prevent their removal or disturbance and shall be responsible for the conse-quence for such

removal or disturbance. The contractor shall also be responsible for the maintenance of all existing Survey Marks,

Boundary Marks, Distance Marks and Centre line marks either existing or fixed by the Contractor. The Centre,

longitudinal or face lines and cross lines shall be marked by small masonary pillars. Each pillar shall have distance

mark at the centre for setting up the theodolite. The work shall not be started unless the setting out is checked by

Engineer-in-charge in writing but such approval shall not relive the contractor of his responsibilities. The contractor

shall provide all Materials, labour and other facilities necessary for checking at his own cost.

Pillars bearing geodetic marks on site shall be protected by the Contractor. On completion of the work the contractor

shall submit the Geodetic documents according to which the work has been carried out.

GC-59 RESPONSIBILITIES OF CONTRACTOR FOR CORRECTTNESS OF WORK

The contractor shall be entirely and exclusively responsible for the correctness of every part of the work and shall

rectify completely and errors thereon at his own cost when so instructed by Engineer-in-charge.

1. Materials to be supplied by Contractor

Contractor shall procure and provide all the Materials required for the execution and maintenance of work including

M.S. rods, all tools, tackle, construction plant and equipment except the Materials to be supplied by the owner detailed

in the contract documents and for the transport thereof, owner, shall made recommendations to the respective

authorities if designed by the contractor but assumes no responsibility or any nature. Owner shall insist for

procurement of Materials with ISI Marks supplied by reputed firms on the DGS & D List. 2. If however the Engineer-

in-charge feels that work is likely to be delayed due to contractor's inability to procure the Materials, the Engineer-in-

charge shall have the right to procure Materials from the market and the contractor will accept these Materials at the

rates decided by Engineer-in-charge

GC-60 MATERIALS TO BE SUPPLIED BY THE OWNER

1. If the contract provides certain Materials or stores to be supplied by the S.M.C. such Materials and stores shall

be transported by the contractor at his cost from S.M.C's stores or Railway Station. The sum due 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 contract has to

account for the full quantity of Materials supplied to him.

2. The value of store Materials supplied by the S.M.C. to the contract 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 S.M.C.,

the same shall be charged at cost price including carting and other expenses inclurred in procuring the smae. 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 un-used at the time of completion of work or termination of contract shall be returned to S.M.C.'s

store or any other place as directed by the Engineer-in-charge in perfectly good condition at contractor's cost. When

Materials are supplied free of cost for us in work and surplus and unaccounted balances thereof are not returned to the

Municipal Corporation, recovery in respect of such balance will be effected at double the applicable issue rate of the

Materials or the market rate whichever is higher.

GC-61 CONDITIONS OF ISSUE OF MATERIALS BY THE S.M.C.

a) The Materials specified to be issued by the S.M.C. to the contractor shall be issued by the S.M.C.'s store

or at Railway Station and all expenses for its shifting to site shall be borne by the contractor. The Materials will be

issued during working hours and as per rules of S.M.C. from time to time.

b) Contractor shall bear all expenses for storage and safe custody at site of Materials issued to him before use

c) Material shall be issued by the S.M.C.in Standard/non-standard sizes as obatined from manufacturer.

d) Contractor shall construct suitable godowns at site for storing the Materials to proect the same from

damage due to rain, dampness, fires, theft etc.

e) The contractor should take the delivery of the Materials issued by the S.M.C. after satisfying himself that

they are in good conditions. 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 according to the instruc- tions of the Engineer-in-

f) For delay in supply or for non supply of Materials to be supplied by the S.M.C., on account of natural

calamities, act of enemies, other difficulties beyond the control of the S.M.C., the S.M.C. carries non-

responsibilities. In no case the contractor shall be entitled to claim any compensation for loss suffered by him

on this account.

g) None of the Materials issued to the contractor, shall be used by the Contractor for manufacturing items

which can be obtained from manufacturer. The Materials issued by the owner shall be used for the work only

and no other purpose.

h) Contractor shall be required to execute indemnity bond in the prescribed form for the same custody and

account of Materials issued by the owner.

i) Contractor shall furnish sufficiently in advance a Statement of his requirements of quantities of Materials to be

supplied by the S.M.C. and the time when the same will be required for the work, so as to enable Engineer-in-

charge to make arrange-ments to procure and supply the Materials.

j) A daily account of Materials issued by the owner shall be maintained by the Contractor showing

receipt, consumption and balance in head in the form laid down by Engineer-in-charge with all connected

paper and shall be always available for inspection in the site office.

k) 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 in good condition at S.M.C.'s store at his own

GC-62 MATERIALS PROCURED WITH ASSISTANCE OF THE OWNER

Notwithstanding anything contained to the contrary in any of the clauses of this contract, where any Materials for the

execution of the contract are procured with the assistance of the S.M.C. either by issue from S.M.C. stock or

purchase made under orders or permits or licences issued by the Government, the contractor shall hold the same

Materials as trustees for owner and use such Materials economically and solely for the purpose of contract and not

dispose them off without the permission of S.M.C.and return, iif required by Engineer-in-charge, all surplus or

unserviceable Materials that may be left with him after the completion of the contract or at its termination for any

reason whatsoever on his being paid or credited such prices as Engineer-in-charge shall determine having due regard

to the conditions of the Materials. The price allowed to contractor shall not exceed the amount charged to him

excluding the storage charges if any. The decision of Engineer-in-charge shall be final and conclusive in such

matters. In the event of breach of the aforesaid condition, the contractor shall in terms of licence of permits and/or for

criminal breach of trust be liable to compensateS.M.C. at double rate or any higher rates.In the event of these Materials

at that time having higher rate or not being available in the market then any other rate to be determined by the

Engineer-in-charge and his decision shall be final and conclusive.

GC-63 MATERIALS OBTAINED FROM DISMANTLING

If the contractor, in the course of execution of work is called upon to dismantle any part for reasons other than on

account of bad or imperfect work, the Materials obtained from dismantling will be the property of the S.M.C. and will

be disposed of as per instruction of Engineer-in-charge in the best interest of the S.M.C.

GC-64 ARTICLE OF VALUE OR TREASURE FOUND DURING CONSTRUCTION

All gold, silver and other minerals of any discription and all previous stones, coins, treasures, relics, antiquities and

other similar things which shall be found in under or upon site shall be the property of the owner and the contractor

shall property preserve the same to the satisfaction of Engineer-in-charge and shall hand over the same to the owner.

GC-65 DISCREPANCIES BETWEEN INSTRUCTIONS

If there is any discrepancy between the various stipulations of the contract documents of instructions to the contractor

or his authorised representative or if any doubt arises as in the meaning of such stipulation or instructions, the

contractor shall immediately refer in writing to the Engineer-in-charge whose decision shall be final and conclusive

and no claim for losses caused by such discrepancy,shall in any event be admissible.

Incase there is any descripancy in measurements shownin drawinge and specifications, the same shown in drawing shall

be considered as final and will be binding upon the contractor.

GC-66 SCHEDULE OF QUANTITIES AND EXTRA ITEMS

Schedule of Quantities

Variations in the quantities of work in schedule of quantities shall not vitiate the contract. The rates quoted for the

individual items shall apply for the quantities of work increased or decreased by not more than twenty percent for

each of the items,should the quantities of work actually involved under any item very by more than twenty (20%)

percent, the rate for such item of work shall be revised in accordance with the procedures indicated under clause

"Extra Items". The payment for the items will, however, continue to be at the original rate till the revised rate decided.

Extra Items of work shall not vitiate the contract. The contractor shall be bound to execute extra items of

work as directed by the Engineer-in-charge. The rates for extra items shall be derived from the S.O.R.(R&B

Division) Year 2024-25 and quoted premium of tender. If the rate of extra item is not available in S.O.R. it will

be derived on prevailing market rate.

GC-67 ACTION WHEN NO SPECIFICATION IS ISSUED

In case of any class of work for which no specification is supplied by the S.M.C. in the tender documents,such

work shall be carried out in accordance with I.S.S. do not cover the same, the work should be carried out as per

standard Engineering practice subject to the approval of Engineer-in- charge.

GC-68 ABNORMAL RATES

Contractor is expected to quote rate for each item after careful analysis of cost involved for the performance of the

completed item considering all specifications and conditions of contract. This will avoid loss of profit or gain in case

of curtailment or change or specification for any item. In case it is notice that the rates quoted by a tenderer for any

item is usually high or unusually low, it will be sufficient cause for rejection of tender unless the S.M.C. is

convinced about the reasonableness of the rates on scrutiny of the analysis for such rate to the furnish-ing by the

tenderer or demand.

GC-69 ASSISTANCE TO ENGINEER-IN-CHARGE

Contractor shall make available to Engineer-in-charge free of cost all necessary instruments and assistance in

checking of any work made by the contractor for taking measurement of work.

GC-70 TEST OF QUALITY OF WORK

1. All Workmanship shall be of the best kind described in the contract document and in accordance with the

instructions of Engineer-in-charge and shall be subjected from time to time to such test at contractor's cost as the

Engineer-in-charge may directed at the place of manufacture of fabrication or on site or at any such place.Contractor

shall provide assistance, instruments labour and Materials as are normally required for examining measuring and testing

any work Workmanship as may be selected and required by Engineer-in-charge.

2. All tests will be necessary in connection with the execution of work as decided by Engineer-in-charge shall be

carried out at an approved laboratory at contractor's cost.

3. The contractor shall furnish to 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 and sufficiently in advance to

permit test and examination thereof. All Materials furnished and finished goods applied in work shall be exactly as

per the approved samples.

4. All the testing charges shall be borne by the Contractor.

GC-71 ACTION AND COMPENSATION IN CASE OF BAD WORKMANSHIP

If it shall appear to the Engineer-in-charge that any work has been executed with Materials of inferior description, or

quality or are unsound or with unsound imperfect or unskilled Workmanship or otherwise not in accordance with the

contractor shall, no demand in writing from Engineer-in-charge or his authorised representative specifying the work,

Materials or articles compained of, not with standing that the same may have been inadvertantly passed, certified and

paid for forthwith rectify or remove and reconstruct the work, specified and in the event of failure to do so within a

period to be specified by Engineer- in-charge in his aforesaid demand, contractor shall be liable to pay compensation at

the rate of one (1) percent of the tendered cost of work for every Ten (10) days limited to a maximum of Ten (10%)

Percent of the value of work while his failure to do so continue and in the case of any such failure the Engineer-in-

charge may on expiry of the notice period rectify and remove and re-execut the work or remove and replace with other

at the risk and cost of the Contractor. The decision of the Engineer-in- charge as to any question arising under this

clause shall be final and conclusive.

GC-72 SUSPENSION OF WORK

Contractor shall, if ordered in writing by Engineer-in-charge or his representative temporarily suspended the

work or any part thereof for such time (not exceeding two months) as ordered and shall not after receiving such

written order proceed with the work until he shall have received a written order to proceed therewith the contractor

shall not be entitled to claim compensa- tion for any loss or damage sustained by him by reason of temporary

suspension of work as aforesaid. An extention of time for completion of work will be granted to the contractor

corresponding to the delay caused by such suspension of work if the applied for the same provided the suspension was

not conse- quent upon any default or failure on the part of the contractor.

GC-73 OWNER MAY DO PART OF THE WORK

When the contractor fails to comply with any instructions given in accordance with the provisions of this contract,the

S.M.C. has the right to carry out such parts of work as the S.M.C. may designate whether by purchasing Materials

and engaging labour or by the agency of another contractor. In such case the S.M.C.shall deduct from the amount

which otherwise might become due to contractor the cost of such work and Materials with Ten (10%) percent

added to cover all departmental charges and should the total amount thereof exceed the amount due to contractor,

added to cover all departmental charges and should the total amount thereof exceed the amount due to contractor,

contractor shall pay the difference to S.M.C.

GC-74 POSSESSION PRIOR TO COMPLETION

The Engineer-in-charge shall have the right to take possession of or to use any completed or partly completed work

or part of work,such possession or use shall not be deemed to be an acceptance of any work completed in

accordance with the contractor. If such prior possession or use by Engineer-in- charge delays the progress of work,

equitable adjustment in the time of completion will be made and the contract shall be deemed to be modified

GC-76 SCHEDULE OF RATES

1. The price/rates quoted by the contractor shall be remain firm till the issue of finalcertificate and shall be

subject to price ADJUSTMENT CLAUSE GC-35. Schedule of rates shall be deemed to include and cover all costs

expenses and liabilities of every description and all risks of every kind to be taken in executing, completing and

handling overwork to owner by contractor. Contractor shall be deemed to have known the nature, scope, magnitude

and the extent of work and Materials required through contract documents may not fully and precisely furnish

them. He shall make such provision in the schedule of rates as he may consider necessary to cover the cost of such

items of work and Materials as may bereasonable and necessary to completion work. The opinion of Engineer-in-

charge as to the item of work shall be final and binding on Contractor although the same may be not shown on or

described specifically in contract documents.

2. The Schedule of rates shall be deemed to include and cover the cost of all constructional plant, temporary

work, pumps, Materials, labour and all other Materials in connection with each item in schedule of rates and the

execution of work or any portion thereof furnished complete in every respect and maintained as shown or described in

the contract document or as may be ordered in writing during the continuance of the contract.

3. The Schedule of rates shall be deemed to include and cover the cost of all royalties and free for the articles and

processes, protected by letters patent or otherwise incorporated in or used in connection with work, also all royalities,

and other payments in connection with Materials of whatsoever kind for work and shall include an indemnity to-owner

which contractor hereby gives against all action, proceeding, claims, damages, costs and expenses arising from the

incorporation in use of work of any such articles, processes or Materials. Octroi of other Municipal or Local Board

charges if levied on Materials equipment of machineries to be brought to site for use on work shall be borne by the

4. No exemption or reduction of custom duties excise duties, sales-tax or any other taxes or charges of the

Central or State Government any local body whatsoever will be granted to obtained. All of such expenses shall be

deemed to have been included in and covered by schedule of rates. Contractor will also obtained and pay for all

permits or other privileges necessary to complete work.

5. The schedule of rates shall be deemed to include and cover risk on account of delay or intereference with

contractor's conduct of work which may occure from any cause including orders of S.M.C. in the exercise of his

power and no account of extension of time granted due to various reasons.

6. For work under unit rate basis no alteration will be allowed in the schedule of rates by reason of work or any

part of them being field, altered extended, diminished or ommitted.

GC-77 PROCEDURE FOR MEASUREMENT OF WORK IN PROGRESS

1. All measurements shall be in metric system. All the work in progress will be jointly measured by the

representative of Engineer-in-charge and contractor's authorised agent. Such measurements will be got recorded in the

measurement book by the Engineer or his authorised representative and signed by contractor or his authorised agent

in token of acceptance. If the contract or his authorised agent fails to be present when even required by the

Engineer-in-charge for taking measurements for any reasons whatsoever, the measurement will be taken by the Engineer

- in - charge or his authorised representative not withstanding the absence of contract and these measurement will be

deemed to be correct and binding on contractor.

2. Contractor will submit a bill in approved proforma in duplicate 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, far as admissible, adjusted if possible, within 10 days of

presentation of the bills.

3. In case of Tenders for completed items of work, contractor may be allowed 'Secured Advance' on the Security

of Materials brought to site for execution of the constructed items of work the extent of 75% of the value of Materials

of unperishable nature and an agreement bedrawn up with contractor under which the owner secured a lien on these

Materials and is safe guarded against losses due to any reasons whatsoever. Recoveries of advance paid would not

be post-poned till the whole work is completed but shall be adjusted from his work done or the Materials used, the

necessary deductions being made when the items of work in which they are used and are billed for. When the mode

of measurement is not covered by contract for any item of work it shall be as per latest I.S.I.

GC-78 RUNNING ACCOUNT PAYMENT TO BE RECOVERDED AS ADVANCES

1. All running account payments shall be regarded as payments by way of advance against the final payment

only and not as payment for work actually done and completed and shall not preclude the requiring of bad, unsound

and imperfect or unskilled work to be removed and taken away and reconstructed or to be considered as an admission

of the due performance of contract or any part thereof.

GC-79 NOTICE FOR CLAIM FOR ADDITIONAL PAYMENT

If the contractor considers that he is entitled to extra payment or compensation or any claim whatsoever in respect of

work, he shall forthwith give notice in writing to the Engineer-in-charge about his extra payment and/or compensation.

Such notice shall be given to the Engineer-in-charge within Ten (10) days from the happening of any event upon which

contractor basis such claims and such notice shall contain full particular 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 specifed shall be an absolute waiver thereof. No commission by S.M.C. to reject any

such claim and no delay in dealing therewith shall be waiver by S.M.C. of any rights in respect thereof.

GC-80 PAYMENT OF CONTRACTOR'S BILL

1. The price to be paid by the S.M.C. to contractor for the work to be done and for the performance of all the

obligations under taken by the contractor under contract shall be based on the contract price and payment to be made

accordingly for the work actually executed and approved by the Engineer-in-charge.

2. No payment shall be made for work costing less than Rs.5,000/-till the work is completed and a certificate of

completion given. But in case of work estimated to cost more than Rs.5,000/- contractor on submitting the bill

thereof will be entitled to receive a monthly payment, proportionate to the part thereof, approved and passed by

Engineer-in-charge whose certificate of such approval and passing of the sum so payable shall be final and

conclusive against contractor. This payment will be made after making necessary deductions as stipulated elsewhere

in the contract documents for Materials, security deposit, etc. The payment shall be released to the contractor

within Thirty (30) days of submission of the bill in case of running bill and with in two (02) months in case of final

bill, contractor shall present the bill duly pre-receipted on proper revenue stamp.

Payment due to Contractor shall be made by the by crossed Accounts payee cheque in Indian currency forwarding the

same to the registered office of the contractor. Owner shall not be responsible if the cheque is mislaid or

misappropriated by unauthorised person.

GC-81 FINAL BILL

The final bill shall be submitted by Contractor within two (02) month of the date of physical completion of work,

Otherwise the Engineer-in-charge certificate of the measurement and of total amount payable for work shall be finalised

Otherwise the Engineer-in-charge certificate of the measurement and of total amount payable for work shall be finalised

binding on all parties.

GC-82 RECEIPT FOR PAYMENT

Receipt for payment made on account of work when executed by a firm must be signed by a person holding power of

attorney in this respect on behalf of contractor except when described in the 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 other

person having authority to give effectual receipt for the Company.

GC-83 COMPLETION CERTIFICATE

1. When the contractor fulfil his obligation as per terms of contract he shall be eligible to apply for

completion certificate. Contractor may apply for separate completion certificate in respecf of each such portion of

work by submitting the completion documents alongwith such application for completion certificate.

The Engineer-in-charge shall normally issue to contractor the completion certificate within 2 (Two) month after

receiving an application thereof from contractor after verifying from the complete documents and satisfying himself that

work has been completed in accordance with and as set out in the construction and erection drawings and the contract

document. Contractor after obatining the completion certifi-cate is eligible to present the final bill for work executed

by him under the terms of contract.

2. Within 2 (Two) month of completion of work in all respect contractor shall be furnished with a certificate by

the Engineer-in-charge of such completion but no certificate shall be given nor shall work be deemed to have been

executed, until all (1) scaffolding, surplus Materials and rubbish is clearing off site completely (2) until work shall have

been measured by the Engineer-in-charge whose measurement shall be binding and conclusive and (3) 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 contractors shall fail to comply with the requirements as aforesaid or before date fixed for the

completion of work,the Engineer-in-charge may at the expenses of contractor remove such scaffolding, surplus

Materials and rubbish and dispose of the same he thinks fit.

3. The following documents will form the completion documents :

(a) Technical documents according to which work was carried out.

(b) Construction drawings showing therein the modifications and corrections made during the

course of execution signed by Engineer-in-charge.

(c) Completion certificate for "Embedded" or "Covered" up work.

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

(e) Material appropriation statement for the Materials issued by owner for work and list of surplus

Materials returned to S.M.C.'s store duly supported by necessary documents.

4. Upon expiry of the period of defects liability and subject to Engineer-in-charge being satisfied that work Has

been duly maintained by contractor during the defects liability period as fixed originally, or as external subsequently

and the contractor has in all respects made up by subsidence and performed all his obligations under contract, the

Engineer- in-charge shall (without prejudice to the rights of owner in any way) give final certificate to that

effect. The Contractor shall not be considered to have fulfilled the whole of his obligation until final certificate

shall have been given by the Engineer-in-charge notwithstanding previous entry upon and taking possession, working

or using of the same or any part thereof by owner.

5. Final Certificate only Evidence of Completion

Except the final certificate no other certificate or payments against a certificate or an general account shall be taken to

be an admission by owner of the due performance of contract or any part thereof or of occupancy validity of any

claim by the contractor.

GC-84 TAXES, DUTIES, OCTROI, ETC.

The Contractor shall be liable to payment of all the Central/ State/Local Bodie's Levies,/ GST/ taxes or duties etc. The

SMC shall neither bear it nor reimburse at any time but will ensure deduction of Central/State/Local levies/GST

and taxes at Source at the rate provided under the relevant statutes from time to time inforce.

1% Construction Cess will be deducted from respective R.A. Bill and Final bill in accordance with the prevailing

norms of Govt. of Gujarat.

GC-85 INSURANCE

Contractor shall at his own expenses carry and maintain with reputable Insurance Companies to the satisfaction of

owner as follows :

1. Employees State Insurance Act

Contractor agrees to and does hereby accept full and exclusive liability for compliance with all obliga-tions imposed by

the Employees' State Insurance Act 1948, and Contractor further agree to defend, indemnify and hold owner harmless

from any liability or penalty which may be imposed by the Central or State Government of Local authority by reasons

of any asserted violation by contractor or Sub-Contractor of the Employees' State Insurance Act, 1948 and also from

all claims, suits or proceedings that may be brought against owner arising tender, growing out of or by reasons of the

work provided for by this contract whether brought by employees of Contractor, by third parties or by Central or State

Government authority or any administrative Sub-division thereof. Contractor agrees to fill in with the Employees

State Insurance Corporation, the declaration from and all forms which may be required in respect Contractor's or Sub-

contractor's employees these aggregate remuneration is Rs. 400/-p.m.or less and who are employed in work provided

for or those covered by E.S.I from time to time under the agreement. The Contractor shall deduct and secure the

agreement of the Sub-contractor to deduct the employees' contribution as per the first Schedule of the Employees'

State Insurance Act from wages. Contractor shall remit and secure the agreement of Sub-contractor to remit to the

State Bank of India Employees' State Insurance Corporation Accounts, the employees contribution as required by the

Act Contractor agrees to maintain all cares and record as required under the Act in respect of employees and

payments and contractor shall secure the agreements of the sub-contractors to maintain such records, any expenses

incurred for the contributions or maintaining records shall be to contractor's or sub- contractor' account. Owner shall

retain such sum as may be necessary from the contract value until contractor shall furnish satisfactory proof that all

contribution as required by the Employees' State Insurance Act 1948 have been paid.

2. Workman's Compensation And Employees Liability Insurance

Insurance shall be effected for all contractors employees engaged in the performance of this contact. If any part of

work is sublet, contractor shall require the sub-contractor to provide workmans' compensation and employer's liability

insurance which may be required by owner.

3. Other Insurance required under law or regulation by owner

Contractor shall also carry and maintain any and all other insurance which may be required under any law or

regulation from time to time. He shall also carry and maintain any other insurance which may be required by

GC-86 DAMAGE TO PROPERTY

1. Contractor shall be responsible for making good to the satisfaction of owner any loss of and any damage to all

structures and properties belonging to owner or being executed or Procured by owner or of other Agencies within the

premises of all work of owner, if such loss or damage is due to fault and / or the negligence or will full act or

ommission of contractor, his employees, agent representatives or Sub- contractors.

2. Contractors shall indemnify and keep owner harmless of all claims for damage to properties other than S.M.C's

property arising under or by reasons of this agreement if such claims result from the fault and / or negliance or wilful

act of ommission of contractor,his employees, agents, representatives or sub-contractors.

GC-87 OUR LAWS AND REGULATIONS

1.The contractor shall be reponsible for the strict compliance of and shall ensure strict compliance by his sub

contractor employees and agents of all labours and others laws, rules or regulations having the force of law

affecting the relationship of employer and employee between the contractor/ sub-contractor and their respective

2.No labour below the age of eighteen (18) year be employed on work.

3.Contractor shall pay to the labours engaged on work according the law.

4. The Contractor and sub-contractors o f the contractor shall obtain proper authority disignated in this behalf under

any application law, rules or regulations (including but not restricted to the factories Act and Contract Labour Abolition

and Regulation Act 1970,) in so far as applicable) any and all such licences, consents, Registration and / or other

authorisation as shall from time to time be or become necessary for relatint to the execution of work or any part

of portion thereof or the storage or supply of any Materials or otherwise in connection with the performance of the

contract and shall at all times observance by the sub- contractors, employees and agents of all terms and conditions

of the said licences,consents, regulation and other authorisa- tion and laws, rules and regulations applicable thereto.

GC-88 CONTRACTOR TO INDEMNIFY OWNER

1. The Contractor shall indemnify and keep indemnified the owner and every member, officer and employee of

owner from and against all action, claims, demands and liabilities whatsoever and in respect of the breach of any of

the above clauses and/or against any claim, action or demand by any workman/ employee of the contractor or any

sub-contractor and or from any liability and way to any workman / employee of the contractor or any sub-

contractor under any law, rule or regulations having the force of law, including but not limited to claims against the

owner under the workman compensation Act 1923. The employees' Provident Funds Act 1952 and/or the Contract

Labour (Abolition and Regulations) Act,

2. Payment of claims and damages

If owner has to pay any money in respect of such claims or demands as aforesaid, the amount so paid and the cost

incurred by the owner shall be charged to and paid by contractor without any dispute notwithstanding the same

may have been paid without the consent or authority of the Contractor.

3. In every case in which by virtue of any provision applicable in the workman's Compensation Act 1923 or any

other Act, be obliged to pay compensation to workman employed by Contractor the amount of compensation so paid,

and without prejudice to the rights of S.M.C. under sec.(12) Sub-section (2) of the said Act, S.M.C. shall be at

liberty to recover such amount from any surplus due to the contractor or the security deposit. S.M.C. will not be

bound to contest any claim made under section (12) Sub-section (2) of the said Act except or written request of

Contractor and upon the contesting of such claim.

4. The Contractor shall protect adjourning sites against structural decorative and other damages that could be

caused to adjourning premises by the execution of these works and made good at his cost, any such damage, so caused.

GC-89 IMPLEMENTATION OF APPRENTICE ACT

Contractor shall comply with the provisions of the Apprentice Act 1964 and the orders issued thereunder from time

to time. If the fails to do so, it will be a breach of contract. Contractor shall also be liable for any particular liability

arising on account of any violation of the provisions of the Act by him.

GC-90 HEALTH AND SANITARY ARRANGEMENTS FOR WORKERS

Contractor shall comply with all the rules and regulations of the local sanitary authorities or as framed by owner from

time to time for the protection of health and sanitary arrangements of all labour directly or indirectly employed on the

work of this contract.

GC-91 SAFETY CODE

Contractor shall adhere to safe construction practice and gurard against hazardous and unsafe working conditions

and shall comply with owner's safety rules and set fourth herein.

1. First Aid and Industrial Injuries

1.1 Contractor shall maintain first aid facilities for its employees and chose of his sub-contractor.

1.2 Contractor shall make outside arrangements for ambulance service and for the treatment of industrial

injuries. Name of those providing these services shall be furnished to Engineer-in-charge prior to start of

construction, and their telephone numbers shall be prominently posted in contractor's field office.

1.3 All injuries shall be reported promptly to Engineer- in-charge, and a copy of Contractor's report covering

each personal injury requiring the attention of a physician shall be furnished to owner.

2. General Rules

2.1 Carrying, striking, matches, lighters inside the project area & smoking within the job site is strictly probibited

Violators of smoking rules shall be discharged immediately. Within the operation area, not hot work shall be permitted

without valid gas safety, fire permits. The Contractor shall also be held liable and responsible for all lapses of his sub-

contractors/ employees in this regards.

3.1 Suitable scaffolding shall be provided for workmen for all works that can not safely be done from the ground

or from solid construction except such short period work as can be done safely from ladders. When a ladder is used, an

extra mazdoor shall be engaged for holding the ladder and if the latter is used for carrying Materials as well, suitable

foothold sand handholds shall be provided on the ladder and the same shall be given inclination not steeper than

to 4 (1 horizontal and 4 vertical).

3.2 Scaffolding or stagging more than 3.6 M (12') above the ground or floor, swing or suspended from an

overhead support or erected with stationary support shall have a guard rail properly attached, bolted, braced and

otherwise fixed at least 1.0 M (3') high above the floor or platform of scaffolding or staging and extending along the

entire length of the outside ends thereof with only such openings as may be necessary for the delivery of Materials.

Such scaffolfing or staging shall be so fastened as to prevent it from swaying from the building or structure.

4. Maintenance of Safety Devices

4.1 All scaffolds,ladders and other safety devices mentioned or described herein shall be maintained in some

conditions and no scaffold, ladder or equipment shall be altered or removed while it is in use. Adequate washing

facilities should be provided at or near place or work.

5. Display or Safety Instructions

5.1 These safety provisions should be brought to the notice of all concerned by display on a notice board at a

prominent place at the work-spot. The person responsible for compliance of the safety code shall be named

therein by the Contractor.

6. Enforcement of Safety Regulations

6.1 To ensure effective enforcement of the rules and regula-tions relating safety precautions, the arrangements made

by the contractor shall be open to inspection by the welfare Officer, Engineer-in-charge of safety Engineer of the

owner or their representatives.

7. No Exemption

7.1 Notwithstanding the above clause 1.0 to 13.0 there is nothing to exempt the contractor from the operations of

any other Act or rules in force in the Republic of India.

7.2 In addition to the above, the Contractor shall abide by the safety code provision as per C.P.W.D. Safety Code

framed from time to time.

GC-92 ACCIDENTS

It shall be the contractor's responsibility to protect against accidents on the work. He shall indemnify the Municipal

Corporation against any claim for damage or for injury to persons or property resulting from, and in the course of

work and also under the provision of the Workman's Compensation Act. On the occurance of an accident arising out

of the works which results in death or which is so serious as to be likely to result in death, the contractor shall within

twenty four hours of such accident, report in writing to the Engineer-in-charge, the facts stating clearly and is

sufficient details the circumstances of such accident and the subsequent action. All other accidents on the works

involving injuries to persons or damage to property other than that of the contractors shall be promptly reported to

the Engineer-in-charge stating clarly and in sufficient details and facts and circumstances of the accidents and the

action taken. In all cases the contractor shall indemnify the Municipal Corporation against all loss of damage

resulting directly or indirectly from the Contractor's failure to report in the manner aforesaid. This includes panalties

or fine consequency of failureto give notice under the workman's compensation Act or failure to confirm to the

provisions of the said. Act in regard to such accidents.

In the event of an accident in respect of which compensation may become payable under the workmens

compensation Act VIII of 1923 including all modification thereof whether such compensation may become payable by

the contractor or by the Municipal Corporation as principal employer, the Engineer-in-charge may retain out of

money due and payable to the contractor such sum or sums of money as may, in the opinion of the Engineer-in-charge

be sufficient to meet such liability. On receipt of award from the labour commission in regard to quantum of

compensation, the difference in amount will be adjusted.

GC-93 It is clarified that if the contractor makes his own arrangements for water required for construction and labour

camp etc. by drilling bore. No water charges will be recovered from the contractor. On the otherhand, even if the

contractor is not taking connection and makes other arrangement to use Municipal water by tanker or tapping water

from near private connection even so water charges shall be recovered as per relevant condition of the tender. As

per City Engineer Note No.386, dtd.30/7/2012

GC-93 (A) PRICE VARIATION CLAUSE:

No Price Variation difference will be paid to the contractor for Labour, Materials, P.O.L. (Fuel) or any other material for

GC-93 (B) STAR RATE & DIFFERENCE FOR REINFORCEMENT STEEL & CEMENT:

No star rate or basic rate difference will be paid to the contractor for cement , steel reinforcement or any other material

GC-94 GOODS AND SERVICE TAX (GST)

GST CLAUSE FOR CONSTRUCTION / ERECTION / COMMISSIONING / INSTALLATION / REPAIRS /

MAINTENANCE / RENOVATION / FABRICATION OF STRUCTURE INCLUDING BUILDING (MEANS ALL

WORKS CONTACT / TURN KEY PROJECTS / SUPLY OF MATERIAL / GOODS)

GST (Goods & Service Tax) has come in existence from 1 July 2017. Contract / Successful Bidder is boundto pay

any amount of GST prescribed by the Govt. of India as per the Terms of Contract agreed upon during the course

of execution of this Contract.

During the course of execution of contract. if there is any change in Rate of GST (Goods & Service Tax) by the

Government the same shall be reimbursed / recovered separately by SMC subject to the submission of Original Receipt /

proof for the amounts actually remitted by the successful Tenderer / Contractor to the competent authority along with a

certificate from Chartered Accountant of Contractor / Successful Bidder certifying that the amount of GST paid to the

Government and the same shall be intimated / submitted /claimed within 30 Days form the date of payment Remittance

of GST within stipulated period shall be the sole responsibility of the Successful Bidder / Contractor, failing which

SMC and decision of Municipal Commissioner shall be final and binding on the Contractor / Successful Bidder in this

regard Further the non-payment of GST to the Government may lead to the termination of contact and forfeiture of

security Deposit / Performance Guarantee Amount.

If imposition of any other new Taxes / Duties / Levies / Cess or any other incidentals etc. or any increase in the existing

Taxes / Duties / Levies / Cess or any other incidentals etc. (Excluding GST ) are imposed during the course of the

contract the same shall be borne by the Contractor / Successful Bidder only in no case SMC shall be liable for the same.

The Contractor will submit the invoice to the SMC having GSTIN of SMC mentioned therein and the taxes shall be

shown separately on the face of the invoice so as to claim as ITC by SMC.

Note :- The Rates mentioned in BOQ are excluding GST. GST will be reimbursed separately (if applicable as per the

opinion of Account department of SMC / GST Consultant of SMC) as per the prevailing GST Rates decided by the

Government. The contractor is invariably bound to any changes in GST Rates made during the course of the work. The

payment (if applicable) for GST will be only released only after the applicable Amount reflects on Government portal.

Decision of Account Department of SMC regarding applicable GST Rates will be final.

GC-95 SECURED ADVANCES:

No Secured advances shall be paid.

GC-96 SUBMISSION / COMPULSION BY CONTRACTOR

The contractor registered with S.M.C. or any other Govt. organisation is required to employ minimal technical staff as

detailed in the certificate issued to him. If contractor does not employ same technical staff over works entrusted to him,

should submit photo-identity and education qualification of technical staff appointed at site.

"The contractor shall have to keep the record of the labourers employed for the concerned work. The contractor should

provide attendance card, identification card, pay slip etc to the labourers employed. Further, the amount of E.S.I. &

Provident Fund should be deducted from the salary of the labourers employed and such amount should invariably be

deposited to the concerned Government Departments. In addition, the amount of social security under E.P.F. & M.P. act

1952 shall be recovered every month & such amount should invariably be deposited directly to the concern Government

Departments. In the same context, the details regarding such amount deposited to the concern Govt. Deptt. and labourers

employed shall be furnished to the office of Traffic Cell Department of S.M.C. every month.In case of failure, such

amount shall be deducted/recovered from the running bill directly in accordance with the details given by contractor

regarding labourers employed and as per the prevailing rules of Government.In absence of detail, an adhoc suitable

amount of the total amount of work done shall be recovered directly from the running bills. On submission of evidence

amount of the total amount of work done shall be recovered directly from the running bills. On submission of evidence

of recovery of such amount, the amount recovered/deducted shall be released in the next bill after due sanction of

Competent Authority of S.M.C.”

GC-97 SPECIAL RISK

If during the contract, there shall be 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 whether financially

or otherwise materially affects the execution of the contract, the contractor shall unless and until, the contract is

terminated under the provisions of this article, use his best endeavors to complete the execution of the contract, provided

always that the Corporation shall be entitled at any time after the onset of such special risks, to terminate the contract by

giving written notice to the contractor and upon such notice being given this contract shall terminate but without

prejudice to the rights of either party in respect of any antecedent breach thereof. If any of the works, or materials to be

deli subjected to damage or distribution by reasons for the special risks, the contractor shall be entitled to payment for

such damage or destroyed materials and to any costs involved in making good damages or destroyed materials as may

be required by the Municipal Corporation.

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, cyclone, epidemics, quarantine

restrictions, lockouts, strikes, freight embargoes and provided that the contractor shall within Ten (10) days from the

beginning of such delay notify the Engineer-in-charge in writing the cause of delay. The Municipal Commissioner shall

verify the facts and grant such extension as the facts justify.

GC-98 SECURITY DEPOSIT

The person/persons whose tender may be accepted (hereinafter called the contractor, which expression shall unless

excluded by or repugant to the context include his heirs, executors, administrators and assignees) shall (within 10 days

of the receipt by him of the notification of the acceptance of his tender otherwise 0.065% per day of S.D. amount will be

charged as penalty) deposit with Municipal Commissioner in cash or Government securities endorsed to the

Commissioner sum sufficient which will make up the security deposit specified in the tender.

If the amount of the security deposit to be paid in lump sump within the period specified above is not paid the tender

contract already accepted shall be considered as cancelled. The security deposit lodged by contractor shall be

refunded after the expiry of the Defects Liability period as shown in the attached Memorandum after deducting dues,

ifany, which become liable to be recovered from the contractor under the terms and conditions of this Agreement.

GC-99 COMPENSATION OF THE DELAY

The time allowed for carrying out the work as entered in the ender shall be strictly observed by the contractor

and shall be reckoned from the date on which the order to commence work is given to the contractor. The work shall

through out the stipulated period of the contract be proceeded with, all due diligence (time being deemed to be the

assence of the contract on the part of the contractor) and the contractor shall pay as conpensation a percentage amount

(shown in the attached Memorandum) of the tendered cost of the whole work as shown by the tender for every day

that the work remains uncommenced or unfinished after the proper days, And further to ensure good progress during

the execution of the work the contractor shall be bound, in all cases in which the time allowed for any work exceeds

one month, to complete parts of the work during the period shown in the attached Memorandum.

In the event of the contractor failing to comply with these conditions he shall be liable to pay as compensation in

form of liquidated damages, the amount mentioned above for every day that the due quantity of work remained

incomplete provided always that the total amount of compensation to be paid under the provision of this clause shall

incomplete provided always that the total amount of compensation to be paid under the provision of this clause shall

not exceed 10 percent of the Tendered cost of the work as shown in the tender.

GC-100 ACTION WHEN WHOLE OF SECURITY DEPOSIT IS FOREFITED

In any case in which under any clause of or clauses this contract the contractor shall have tendered himself liable to

pay compensation amounting to the whole of this security deposit (whether paid in one sum or deducted by

instalments) or in the case of abandonment of the work owing to serious illness or death of the contractor or any

other causes, the Commissioner on behalf of the Corporation shall have power to adopt of the following courses,

as he may deem best suited to the interest of Municipal Corporation .

(a) To rescind the contract (of which rescission notice in writting to the contractor under the hand of the

Commissioner shall be conclusive evidence) and in that case that security deposit of the contractor shall stand

forefeited and be absolutely at the disposal of Municipal Corporation .

(b) To employ labour paid by the related Zone and to supply material to carry out the works, or any part of the

work debitting, the contractor with errectness of which cost and price the certificate of Executive Engineer shall be

final and conclusive against the contractor and crediting him with the value of the work done,in all respects in the same

manner and at the same rates as if it had been carried out by the contractor under the terms of his contract, and in that

case the certifate of the Executive Engineer as to the value of the work done shall be final and conclusive agains the

(c) To order that the work of the contractor be in measured up and to take such part thereof as shall be

unexecuted out of his hands, and to give it to another contractor to complete, in which case any expenses which may be

incurred in excess of the sum which would have been paid to original ontractor, if the whole work had been executed

by him (as to the amount of which excess expenses the certificate in writing of the Executive Engineer shall be finl

and conclusive) be borne & paid by the original contractor shall be deducted from any money due to him by

Municipal Corporation under the contract or otherwise from his security deposit or the proceeds of sale thereof, or a

sufficient part thereof.

Action when the progress of any perticular portion of the work if unsatisfactory

In the event of any of the above courses be adopted by the Commissioner the contractor shall have no claim to

compensation for any loss sustained by him by reason of his purchased or procured any materials or entered into

any engagements, or made any advances on account of or with a view to the execution of the work or the

performance of the contract.And in case the contract shall be reseinded under provision aforesaid, the contractor shall

not be entitled to recover, or be paid any sum for any work thereto actually performed by him under this contract

unless and until the Executive Engineer shall have certified in writing the performance of such work and the amount

payable to him in respect thereof, and he shall only be entitled to paid the Particular amount so certified.

GC-101 COMPENSATION TO LOSS

Contractor remains liable to pay compensation in form of liquidated damages if action not taken under GC-

22. If the progress of any particular portion of the work is unsatisfactory the Commissioner shall

notwithstanding that the general progress of the work is satisfactory in accordance with GC-99, be entitled

to take action under GC-22 (b) after giving the contractor 10 day's notice in writing and contractor will

have no claim for compensation for any loss sustaind by him owing to such action.

GC-102 Power to take possession of require to removal of, or self contractor's plan

In any case in which any of the powers conferred upon the Commissioner by GC-22 and GC-101 hereof

shall have become exercisable and same shall not have been exercised the non-exercise thereof shall not

constitute a waiver of any of the conditions hereof such powers shall notwithstanding be exercisable in

any future case default by the contractor for which by any cluase or clauses hereof he is declared liable to

pay compensation mounting to the whole of his security deposit require or and the liability of the

contractor for past and future compensation shall remain unaffected.

In the event of the Commissioner taking action under sub-caluse (a) or (c) of GC-22, he may, be he so desire

to take possession of all or any tools, plant materials and stores in or upon the works, or the site thereof or

belonging to the contractor, or procured by him and intended to be used for the execution of the work of

any part thereof, paying or allowing for the same in account at the contract rates, or in the case of contract

rates not being applicable, at current market rates,to be cartified by the Executive Engineer whose certificate

thereof shall be final. In the alternative the Commissioner may by notice in writing to the contractor or his

clerk of the works. Foremen or other authorised agent require him to remove such tools, plant, materials, or

stores from the premises within a time specified in such notice; & in the event of the contractor failing to

comply with any such requisition, the Commissioner may remove them at the contractor's expense or sell

them by action or private sale at the risk and account of the contractor in all respects, and certificate of the

Executive Engineer as to the expense of any such removal, and the amount of the proceeds and expense of

any of any sale shall be final and conclusive against the contractor.

GC-103 EXTENSION OF TIME

If the Contractor shall desire an extension of the time for completion of the work on the ground of his having

been unavoidably hindered in its execution or on any other ground, he shall apply in writing to the Commissioner

within 30 days from the date on which he was hindered as aforesaid on or which the cause for asking for extension

occurred and the Commissioner may, if in his opinion, there are reasonable grounds for granting an extension,

grant such extension as he thinks necessary or proper. The decision of the Competent authority in this matter

shall be final and binding to all.

GC-104 FINAL CERTIFICATION

On completion of the work the contractor shall be furnished with a certificate by the Executive Engineer (hereinafter

called the Engineer- in- charge) of such completion, but no such certificate shall be given nor shall the work be

considered to complete until the contactor shall have removed from the premises on which the work shall have been

executed all scaffolding, surplus materials and rubbish, and shall have cleaned of the dirt from all woodwork, doors,

windows,walls, floors or other parts of any building, in or upon which the work has been executed,or of which he

may have had possession for the purpose of executing the work,nor until the work shall have been measured by the

Engineer-in-charge or w here the measurement have been taken by his subordinates until they have received the

approval of the Engineer-in- charge, the said measurement being binding and conclusive against the contractor.

If the contractor shall fail to comply with the requirements of this clause as to the removal of scaffolding, surplus

materials and rubbish. And cleaning off dirt on or before the date fixed for the completion of the work, the Engineer-

in-charge may, at the expense of the contractor remove such scaffolding surplus material and rubbish, and dispose

off the same as he thinks fit and clean off such dirt as aforesaid; and contractor shall forthwith pay the amount off

all expenses so incurred,but shall have no claim in respect of any such scaffolding or surplus materials as aforesaid

except for any sum actually realized by the sale thereof.

GC-105 PAYMENT ON INTERMEDIATE CERTIFICATE TO REGARDED AS ADVANCE.

No payment shall be made for any work, on estimated to cost less than rupees one thousand, till after the whole of the

said work shall have been completed & a certificate of completion given. But in the case of works estimated to cost

more than rupees one thousand, the contractor shall, on submiting a monthly bill therefore be entitled to received

payment proportionate to the percentage shown in the attached Memorandum of the part of the works than approved and

passed by the Engineer-in-charge, whose certificate of such approval and passing of the sum so payable shall be final

and conclusive against the contractor.

All such intermediate payment shall be regarded as payment by way of advance against the final payments only & not as

payments for work actually done and completed and shall not preclude the Engineer-in-charge from requiring bad,

unsound imperfect of unskilful work to be removed & taken away & reconstructed, or re-erected. nor shall any such

payment be considered as an admission of the due performance of the contract or any part thereof in any respect of the

accruing of and claim; nor shall it conclude, determine or affect in any way the Powers of the Engineer-in-charge as to

the final settlement and adjustment of the accounts or otherwise, or in any other way very or affect the contract. The

final bill shall be submitted by the contractor within one month of the date fixed for the completion of the work,

otherwise the Engineer-in-charge's certificate of the measurement and of the total amount payable for the work shall be

otherwise the Engineer-in-charge's certificate of the measurement and of the total amount payable for the work shall be

final and binding on all parties.

GC-106 PAYMENT AT REDUCED RATE ON ACCOUNT OF ITEM OF WORK NOT ACCEPTED AS

COMPLETED TO BE THE DISCRETION OF THE ENGINEER-IN-CHARGE

The rates for serveral items of the work agreed to within, shall be valid only when the item concerned is accepted as

having been completed fully in accordance with the sanctioned specifications. In cases where the items of works are not

accepted at so completed the Engineer-in-charge may make payment on account of such items at such reduced rates as

he may consider reasonable in the prepartion of final or on account bills.

A bill may be submitted by the contractor once in each month on or before the date fixed by the Engineer-in-charge for

all works executed in the previous months, and the Engineer -in- charge shall take or cause to be taken the requisite

measurement for the purpose of having the same verified, and the claim, so far as it is admissible shall be adjusted if

possible within fifteen days from the presentation of the bill. If the contractor does not submit the bill within the time

fixed as aforesaid, Engineer-in-charge may depute a subordinate to measure up the said work in the presence of the

contractor or his duly authorised agent whose counter signature to the measurement list shall be sufficient warrant, and

the Engineer-in-charge may prepare a bill from such list which shall be binding on the contractor in all respects.

GC-107BILLS TO BE ON PRINTED FORMS

The contractor shall submit all bills on the printed forms to be had on application at the office of the Engineer-in-charge.

The charges to be made in the bills shall always be entered at the rates specified in the tender or in the case of any extra

work ordered in pursuance of these conditions, and not mentioned or provided for in the tender at the rates hereinafter

provided for such work.

GC-108STORES SUPPLIED BY SMC

If the specification or estimate of the work provides for the use of any special description of materials to be supplied

from the Municipal Store or if it is required that the contractor shall use certain stores to be provided by the Engineer-in-

charge (such materials and stores and the prices to be charged thereof as hereinafter mentioned being so far as

practicable for the convenience of the contractor but not so as in any way to control meaning or effect of the contract

specified in the schedule or memorandum hereto annexed) the contractor shall be supplied with such materials and

stores as may be required from time to time to be used by him for the purpose of the contract only and the value of the

full quantity of materials and stores so supplied shall be set off deducted form any sums then due, or thereafter to

become due to the contractor under the contract, or otherwise or from the security deposit, or the proceeds of sale

thereof shall be deposit is held in Governement securities the same or a sufficient portion there of shall in that case be

sold for the purpose. All material supplied to the contactor shall remain the absolute property of Municipal Corporation

and shall on no account be removed from the site of the work, and shall at all times be opened to inspection by the

Engineer-in-charge. Any such materials unused and in perfectly good condition at the time of completion or determation

of the contract shall be returned to the related zone store, if the Engineer-in-charge so requires by a notice in writing

given under his hand, but the contractor shall not be entitled to return any such materials except with such consent and

he shall have no claim for compensation on account of any such materials supplied to him as aforesaid but remaining

unused by him or for any wastage in or damage thereto.

GC-109WORKS TO BE EXECUTED IN ACCORDANCE WITH SPECIFICATIONS, DRAWINGS ORDERS

The contractor shall execute the whole and every part of the work in the most substantial and workman like manner, and

both as regards materials and in every other respect in strict accordance with the specifications. The contractor shall also

conform exactly, fully and faithfully to designs, drawings and instructions in writing relating to the work signed by the

Engineer-in-charge and lodged in his office and to which the contractor shall be entitled to have access for the purpose

of inspection at such office, or on the site of the work during office hours, and the contractor shall, if he so requires, be

entitled at his own expense to make or cause to be made copies of the specifications and of all such designs, drawings

and instruction on aforesaid.

GC-110 ALTERNATION ON SPECIFICATIONS AND DESIGN NOT TO INVALIDATE CONTRACTORS.

RATES FOR WORKS NOT ENTERED IN ESTIMATE OR SCHEDULE TO RATES OF THE SMC

The Engineer-in-charge shall have power to take any alteration in, or addition to the original specifications, drawings,

designs and instruction that may appear to him to be necessary or advisable during the progress of the work, and the

contractor shall be bound to carry out the work in accordance with any instructions in this connection which may be

given to him in writing signed by the Engineer- in-charge and such alteration shall not invalidate the contract and any

additional work which the contractor may be directed to do in the manner above specified as part of the work shall be

carried out by the contractor on the same conditions in all respect on which he agreed to do the main work and at the

same rates as are specified in the tender for the main work. And if the additional and altered work includes any class of

work for which on rates is specified in this contract than such class of work shall be carried out at the rates entered in the

schedule of rates of Municipal Corporation or at the rates mutually agreed upon between the Engineer-in-charge and the

contractor whichever are lower if the additional or altered work for which no rate is entered in the schedule of Rates of

Municipal Corporation is ordered to be carried out before the rates are agreed upon then the contractor shall, within

seven days of the date of receipt by him of the order to carry out the work, inform the Engineer-in-charge of the rate

which it is his intention to charge for such class of work and if the Engineer-in-charge does not agree to this rate he shall

by notice in writing be at liberty to cancel his order to carry out such class of work, and arrange to carry it out in such

manner as he may consider advisable provided always that if the contractor shall commence the work or incure any

expenditure in regards thereto before the rates shall have been determined as lastly herein before mentioned, then in

such case he shall only be entitled to be paid in such case he shall only be entitled to be paid in respect of the work

carried out or expenditure incurred by him prior to the date of the determination of the rate as aforesaid according to

such rate or rates as shall be fixed by the Engineer-in-charge. In the event of a dispute, the decision of the Commissioner

Where, however, the work shall have to be executed according to the designs; drawings and specifications

recommended by the contractor and accepted by the competent authority the alteration above referred to shall within the

scope of such designs drawings and specification appended to the tender.

Extension of time in consequence of additions or alterations. The time limit for the completion of work shall be

extended in the proportion that the increase in its cost occasioned by alterations or addition the cost of the original

contract work, and the certificate of the Engineer-in-charge as to such proportion shall be conclusive.

GC-111 NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORKS TO BE CARRIED

If at any time after the execution of the contract documents the engineer-in-charge shall for any reason whatsoever,

require the whole or any part of the work as specified in the tender to be stopped for any period or shall not require the

whole or part of the work to be carried out at all or to be carried out by the contractor, he shall give notice in writing of

the fact to the contractor who shall thereupon suspend or stop, the work totally or partially, as the case may be. In any

such case, except as provided hereunder, the contractor shall have no claim to any payment or compensation whatsoever

on account of any profit or advantage which he might have derived from the execution of the work in full but which he

did not so derive in consequence of the full amount of the work nor having been carried out, or on account of any loss

that he may be put to on account of materials purchased or agreed to be purchased, or for unemployment of labour

recruited by him. He shall not also have any claim for compensation by reason of any alteration having been made in the

original specifications, drawings, designs and instructions may involve any curtailment of the work as originals

contemplated. Where which however, materials have already been purchased or agreed to be purchased by the

contractor, before receipt by him of the said notice, the contractor shall be paid for such materials at the rate determined

by the Engineer-in-charge, provided they are not in excess of requirements and are of approved quality and/or shall be

compensated for the loss, if any that he may be put to in respect of materials agreed to be purchased by him, the amount

of such compensation to be determined by the Engineer-in-charge, whose decision shall be final. If the contractor

suffers any loss on account of his having to pay labour charges during the period during which to stoppage of work has

been ordered under this clause the contractor shall on application be entitled to such compensation on account of labour

charges as the Engineer-in-charge, whose decision shall be final, may consider reasonable, provided that the contractor

shall not be entitled to any compensation on account of labour charges if, in the opinion of the Engineer-in-charge, the

labour could have been employed by the contractor elsewhere for the whole or part of the period during which the

stoppage of the work has been ordered as a foresaid.

GC-112ON CLAIM TO COMPENSATION ON ACCOUNT OF LOSS DUE TO DELAY IN SUPPLY OF

MATERIALS BY SMC.

The contractor shall not be entitled to claim any compensation from Municipal Corporation for the loss suffered by him

on account of delay by Municipal Corporation in the supply of materials entered in schedule A' where such delay is

(1) Difficulties relating to the supply of Railway wagons & availability of Government controlled materials-

(2) Force Majeure.

(3) Act of God.

(4) Act of the Nation's enemies or any other reasonable cause beyond the control of Municipal Corporation .

In the case of such delay in the supply of material the Municipal Corporation shall grant such extension of time

for the completion of the work as shall appear to the Commissioner to be reasonable in accordance with the

circumstances of the case. The decision of the Commissioner as to the extension of time shall be accepted as final by the

The contractor is to set out and levi the work & will be responsible for the accuracy of same. He is to provide and

maintain measuring and surveying instruments including steel tapes, theodolite and dumpy level at all times for proper

carrying of the work and for the use of Executive Engineer and his representative including skilled attendance.

The Contractor is to cover up and protect the works from the weather, and is suspend all `wet' operations during

weather which, in the Executive Engineer opinion, will be detrimental to the work.

Samples of each class of material and workmanship shall be submitted by the Contractor for the approval of

Executive Engineer and after such approval these samples shall be deposited at any place the Executive

Engineer may appoint and the Contractor shall be required to perform all the works of this contract in accordance with

On completion, all work must be cleaned down; rubbish removed and the works and land cleaned of rubbish;

surplus materials and other accumulations, and everything left in a clean and ordinary condition.

The contractor shall provide, erect and maintain proper sheds and temporary buildings for the storage and protection

of materials and goods and for the execution of work which may be fabricated or brought on the site.

The contractor is to set out and level the works and will be responsible for the accuracy of the same. He shall also be

responsible for the correctness of the positions, levels, dimensions and alignment of all parts of the structures as shown

in the drawings supplied to him.If at any time any error shall appear during the progress of any part of the work, the

contractor shall at his own expense rectify such error if called upon to the satisfaction of the Executive Engineer.

The contractor shall permit the execution of the work not provided for in the tender by artists; tradesman, or others

engaged by the Municipal Corporation . The contractor shall allow all reasonable facilities and the use of his

scaffolding and water for the execution of such work, but is not required to provide any special scaffolding for the

execution of such work except by special arrangement with Municipal Corporation .

GC-120 TIME LIMIT FOR UNFORESEEN CLAIM

Under no circumstance whatsoever shall the contractor be entitled to any compensation from Municipal Corporation on

any account unless the contractor shall have submitted a claim in writing to the Engineer-in-charge within one month of

cause of such claim occurring.

GC-121 ACTION AND COMPENSATION PAYABLE IN CASE OF BAD WORK:

If at any time before the security deposit is refunded to the contactor, it shall appear to the Engineer-in-charge orhis

subordinate in charge of the work that any work has been executed with unsound imperfect, or unskillful workmanship

or with materials of inferior quality; or that any materials or articles provided by him for the execution of the work are

unsound, or of a quality inferior to that contracted for, or other- wise not in accordance with the contract, it shall be

lawful for the Engineer-in-charge to intimate this fact in writing to the contractor and them not withstanding the fact that

the work, materials or articles complained of may have been inadvertently passed, certified and paid for, the contractor

shall be bound forthwith to rectify, or remove and reconstruct the work so specified in whole or in part as the case may

require, or if so required shall remove the materials or articles so specified and provide other proper and suitable

materials or articles at his own charge and cost; and in the event of his failing to do so within a period to be specified by

the Engineer-in-charge in the written intimation aforesaid, the contractor shall be liable to pay compensation at the rate

of one percent on the amount of the tender for every day not exceeding ten days, during which the failure so contimate

and in the event of any such failure as aforesaid the Engineer-in-charge may rectify or remove and execute the work or

remove and replace the materials or articles complained or as the case may be at the risk and expense in all respects of

the contractor, should the Engineer-in-charge consider that any such inferior work or materials as described above may

be accepted or made use of it; shall be within his discretion to accept the same at such reduced rates along with the

appropriate penalty as the Commissioner may deem fit.

The period to be counted from that date of final completion and handing over of the work to the Municipal Corporation

during which the contractor is so liable for any defects in the work shall be the Defects Liability Period shown in the

attached Memorandum.

GC-122 WORK TO OPEN BE INSPECTION

Contractor is responsible agent to be present. All works under in course of execution or executed in pursuance of the

contract shall at all time be open to the inspection and supervision of the Engineer-in- charge and his subordinates, and

the contractor shall at all times during the usual working hours, and at all other times at which reasonable notice of the

intention of the Engineer-in-charge or his subordinate to visit the work shall have been given to the contractor, either

himself be present to receive orders and instructions, or have a responsible agent duly accredited in writing present for

that purpose. Orders given to the contractor's duly authorised agent shall be considered to have the same force and effect

as if they had been given to the contactor himself.

GC-123 NOTICE TO BE GIVEN BEFORE WORK IS CONVERED UP

The contactor shall give not less than five day's notice in writing to the Engineer-in- charge or his subordinate in charge

of the work before covering up or other wise placing beyond the reach of measurement any work in order that the same

may be measured; and correct dimensions thereof taken before the same is so covered up or placed beyond the reach of

measurement any work without the consent in writing of the Engineer- in- charge or his subordinate in charge of the

work, and if any work shall be covered up or placed beyond the reach of measurement without such notice having been

given or consent obtained, the same shall be uncovered at the contractor's expense, and in default thereof no payment or

allowance shall be made for such work or for the materials with which the same was executed.

GC-124 Contractor Liable For Damage Done, And Or Imperfection For Three Months After Certificate.

If the contactor or his workmen; or servants shall break, deface injure or destroy any part of a building in which they

may be working, or any building, road, fence enclosure or grass land or cultivated ground continuous to the premises on

which the work of any part thereof is being executed; or if any damage shall be done to the work for any cause whatever

while if is in progress or if any imperfection become apparent in it within the Defect liability period mentioned above by

Engineer- in- charge the contactor shall make good the same at his own expense, or in default the Engineer in charge

may cause the same to be made good by other workmen and deduct the expenses (of which certificate of Engineer-in-

charge shall be final) from any sum that may be due or thereafter became due to the contractor or from his security

deposit or the proceed of sale thereof or of a sufficient portion thereof.

GC-125 CONTRACTOR TO SUPPLY PLANT, SCAFFOLDING ETC

The contractor shall supply at his own cost all materials ( except such special materials, if any, as may be supplied

from the Pubub works department Stores in accordance with the contract).plant tools, appliances implements, ladders,

cordage, scaffolding and any temporary works which may be required for the proper execution of the work, in the

original; altered or substituted from, and whether included in these specification or, other documents forming part of

the contract or referred to in these conditions or not and which may be necessary for the purpose of satisfying

or complying with the requirements of the Engineer-in-charge as to any matter on which under these conditions

he is entitle to be satisfied, or which he is entitled to require together with carriage thereof. To and from the work.

The contractor shall also supply without charge the requisite number of persons with the means and materials

necessary for the purpose of setting out works and counting, weighing and assisting in the measurement or examination

at any time and from time to time of the work or materials, Failing this the same may be provided by the

Engineer-in-charge at the expense of the contractor and the expense may be deducted from any money due to the

contractor under the contract, or from his security deposit or the proceeds of sale thereof or of a sufficient portion

thereof. The contractor shall provide all necessary fencing and lights required to protect the public from accident;

and shall also be bound to bear the expenses of every suit. Action or other legal proceedings, at law, that may be

brought by any person for Injury sustained owing to negligence of the above precautions, and to pay damages and

costs which may be awarded in any such suit action or proceedings, to any such person, or which may with the

consent of the contractor be paid in compromising any claim by any such person.

The contractor shall make his own arrangement for drinking water for the labour employed by him.

GC-127 LIABILITY OF CONTRACTOR FOR ANY DAMAGE DONE IN OR OUTSIDE WORK AREA

Compensation for all damage done intentionally or unintentionally or by contractor's labourers whether in or beyond

the limits of municipal property shall be estimated by the Engineer-in-charge or such other office as he may appoint

& estimates of Engineer-in-charge subject to the decision of the Commissioner on appeal be final & the contractor

shall be bound to pay the amount of the assessed compensation of demand failing which the same will be recovered

from the contractor as damage from the security deposit or deducted by the Engineer-in-charge from any sum that may

by due or become due from Mahanagar Seva Sadan to the contractor under this contract or otherwise.

The contractor shall bear the expenses of defending any action or other legal proceedings that may be brought by any

person from injury sustained by him owing to negligence of precautions to prevent the spread of fire & he shall also pay

any damages and cost that may be awarded by the court in consequence.

GC-128 WORK ON SUNDAY

No work shall be done on Sunday without the sanction in writing of the Engineer-in -charge.

Contract may be rescinded by and security deposit forfeited for subletting it without approval or for be inging a public

officer or if contractor becomes in solvent:

The contract shall not be assigned or subject without the written approval of the Engineer- in-charge, and if the

contactor shall assign or sublet his contract or attempt to do so or become insolvent or commence any proceedings to be

adjudicated an insolvent or make any composition with his creditors, or attempt to do the Engineer-in-charge may, by

notice in writing rescind the contract. Also if any bribe, gratuity gift, loan, perquisite, reward or directly advantage,

pecuniary or otherwise, shall either or indirectly be given, promised, or offered by the contractor, or any of his

servants agents to any public officer or person in the employ of Municipal Corporation in any way relating to his office

or employment, or if any such officer or person shall become in any way directly or indirectly interested in the

contract the Engineer- in-charge may be notice in writing rescind the contract. In the event of contract being

rescinded, the security deposit of the contractor shall thereupon stand forfeited and be absolutely at the deposit of the

Mahanagar Seva Sadan & the same consequences shall ensue as if the contract had been rescinded under clause-3

hereof and in addition the contactor, shall not be entitled to recover or be paid for any work thereto for, actually

performed under the contract.

GC-130 SUM PAYABLE BY WAY OF COMPENSATING TO BE CONSIDERED AS REASONABLE

COMPENSATION WITHOUT REFERENCE ACTUAL LOSS