Repairing of Road Potholes using Cold mix Injection potholes patching repairing machine at different road in Shahibaug ward of Central Zone of Ahmedabad Municipal Corporation (ARC)

Name of work: - Repairing of Road Potholes using Cold mix Injection potholes patching repairing machine at

different road in Shahibaug ward of Central Zone of Ahmedabad Municipal Corporation (ARC)

Tender Invited on Behalf of AMC, Central Zone.

Assistant Manager, Central Zone,

Central Zone Zonal Office”, B – Wing,

Third Floor,Sardar Patel Bhavan,

Danapith, Ahmedabad-380001.

Ahmedabad Municipal Corporation

Name of work :- Repairing of Road Potholes using Cold mix Injection potholes patching repairing machine at

different road in Shahibaug ward of Central Zone of Ahmedabad Municipal Corporation (ARC)

SR.NO. PARTICULARS PAGE NO.

1.A Notice inviting e-Tender

1.B Schedule of Bidding process

1.C Tender Declaration Form

SECTION – I SPECIAL CONDITIONS OF CONTRACT

SECTION – II INSTRUCTIONS TO BIDDERS

SECTION - IV GENERAL CONDITIONS OF CONTRACT

SECTION – IV TECHNICAL SPECIFICATIONS

SECTION – III QUALIFIACATION INFORMATION

Ahmedabad Municipal Corporation

AHMEDABAD MUNICIPAL CORPORATION

Notice inviting e-Tender

Municipal Commissioner of A.M.C. invites percentage rate sealed tenders from interested

contractors for the following work at different locations within the limit of A.M.C.

1 Name of work Repairing of Road Potholes using Cold mix Injection potholes

patching repairing machine at different road in Shahibaug

ward of Central Zone of Ahmedabad Municipal Corporation

2 Tender Amount Rs. 2900720.80 (exclusive of GST). GST will be paid extra

(Estimate put to Tender) by AMC/Authority at prevailing rate to the contractor

3 Tender fee Rs.1500.00

(Non refundable) (Demand Draft in favour of Municipal Commissioner, Ahmedabad)

4 Time Limit 12 Months (Excluding Monsoon)

5 Download of Tender complete bid documents can be downloaded with effect from Dt.

Documents 27.03.2026 to 07.04.2026 up to 18:00 Hrs. from the website

www.nprocure.com.

6 Required registration Register “E-1” class in Govt. R&B/CPWD/AMC or

equivalent register with any other state Govt. or

Bidder who is not registered in A.M.C., shall hastve to register in

same class (Class-B) in A.M.C. before claiming R.A. Bill.

7 Preliminary prequalification Average annual financial turnover during the last 3 years,

criteria of bidding firm ending 31st March of the previous financial year, should be at

(detailed criterias are given least 30% of the estimate put to tender for this work.

in the Bid Document) Experience of work of similar nature during last 7 years (in

a. Single work of 80 % of Estimate put to tender OR

b. Two works of 50 % of Estimate Put to Tender OR

c. Three works of 40 % of Estimate put to tender

8 Solvency certificate Solvency certificate issued and valid in current year for an

amount equal to 20% of the Estimate put to tender.

9 Earnest Money Deposit (Bid Rs.29,007.00 (Demand Draft / pay order / Bank Guarantee in

security) favour of Municipal Commissioner, Ahmedabad is to be

(1 % of Estimate put to submitted as prescribed in 10.0 below. Demand Draft/Bank

tender) Guarantee shall be from approved list of AMC of banks and the

issuing branch of bank guarantee shall be of Ahmedabad city

only and it should be valid for 120 days. E.M.D. shall be

submitted physical submission.

10 Submission of EMD and Tender Fee & EMD should Submitted physically along with

Tender Fees tender documents as described in the invitation of tender

should be submitted to Assistant Manager- Central Zone, 3rd

Floor, B – Wing, Sardar Patel Bhavan, Danapith, Ahmedabad-

Bid submitted without bid security & tender fee shall be

treated as non responsive and shall be summarily rejected.

11 Pre -Bid Meeting -

Ahmedabad Municipal Corporation

12 Mode of sending the Tender The whole tender shall be submitted by two mode.

Documents Whole tender shall be submitted only on www.nprocure.com website

before Date:-15.04.2026 up to 18.00 hrs. Each bidder must upload

the scanned copies of all the documents along with the submission of

online bidding. Tender Fee, EMD, technical bid and other relevant PQ

Documents as per check list given in tender shall be submitted

physically in two copies (Original & duplicate) in sealed envelope on or

before Date.16.04.2026 upto16.00 hrs. (by hand Delivery/ Courier/

Speed Post/Registered)

13 Last date of online Date:15.04.2026 before 18:00 hrs.

submission of tender

14 Submission of Price Bid The Price bid shall be submitted online only. It shall not be

submitted Physically.

15 Opening of Technical bid Technical Bid will be opened on line on Date:-16.04.2026 at 17:00 hrs. in the

office of to Assistant Manager- Central Zone, 3rd Floor, B

– Wing, Sardar Patel Bhavan, Danapith, Ahmedabad-380001.

16 Tender validity period 120 days from the last date of submission of Tender.

17 Security Deposit 5 % of Contract Value to be submitted in the form of Bank Guarantee.

Bank Guarantee shall be from approved list of AMC of banks and the

issuing branch of bank guarantee shall be of Ahmedabad City only. The

validity of the Security Deposit shall be up to valid till 90 days beyond

Date of completion of work. The Security Deposit shall be payable in

days from date of receipt of LOI failing which interest @4% per annum

charged by AMC.

19 Deductions from Running

a. Retention Money 2 % amount of each Running Bill shall be deducted as aRetention

Money. Such retention money shall be released in

the final bill of the said work.

b. Deductions against 5 % amount of each Running Bill including price escalation shall be

Performance of work deducted against Defect Liability / Performance Guarantee. Such Amount

shall be released only after completion of Defect Liability period (after

performance based recovery if any.)

c. Labour welfare cess 1% Labour welfare cess as per the Act, 1996 (non refundable)

shall be deducted from each running bill.

20 Defect liability period 12 months from the date of completion. The date of

completion is as mentioned in the completion certificate issued

21 GST GST will be paid extra by AMC/Authority at prevailing rate to the

(1) Conditional tenders will not be accepted in any case. Municipal Commissioner reserves the

rights to reject any or all the tenders without assigning any reasons thereof.

(2) The authorized signatory holding Power of Attorney shall only be the Digital Signatory. In

case authorized signatory holding Power of Attorney and Digital Signatory are not the same,

the bid shall be considered non-responsive.

Seal and Signature of the Bidder Add City Engineer

Date: Ahmedabad Municipal Corporation

Ahmedabad Municipal Corporation

SCHEDULE OF BIDDING PROCESS

Sr. No. Event Description Date

1 Sale of Bid Documents Dt.27.03.2026

2 Last date of Online submission Dt. 15.04.2026 up to 18:00 hrs

3 Last date of Physical submission Dt.16.04.2026. up to 16:00 hrs

4 Pre bid meeting

5 Opening of Technical Bid Dt.16.04.2026 up to 17:00 hrs

6 Opening of Price bid To be intimated

7 Validity of Bid 120 Days

Seal and Signature of the Bidder Add City Engineer

Date: Ahmedabad Municipal Corporation

Ahmedabad Municipal Corporation

TENDER DECLARATION FORM

Deputy City Engineer

Ahmedabad Municipal Corporation

Name of Work: Repairing of Road Potholes using Cold mix Injection potholes patching repairing machine at

different road in Shahibaug ward of Central Zone of Ahmedabad Municipal Corporation (ARC)

I/We the undersigned have carefully gone through and clearly understood the Tender

documents of above mentioned project comprising of Notice Inviting tenders, Articles of Agreement,

Scope of work, Definition of terms, notes Instructions/Information to Bidder, Condition of Contract,

special condition of contract, Appendices, Specifications, Bill of Quantities, Statements (1 to 6)

furnished by AHMEDABAD MUNICIPAL CORPORATION.

I/We do hereby offer to execute and complete the whole of the work within the time

specified all in accordance with the specification, designs, drawing and instruction in writing referred

to in the said document and with such materials as mentioned for, at the respective rates which I/we

have quoted in the Price Bid or at such other rates as may be fixed under the provisions of these

In the event of this tender being accepted I/We agree to enter into an agreement and when

required, execute the contract, according to your form 1 of agreement as or in default where of I/we

bound myself/ourselves to forfeit the "Earnest Money Deposit."

I/We understand that if I/We shall not enter in agreement within fifteen days or as decided

by AMC from the date of receipt of letter of acceptance, you will forfeit the earnest money paid by

me/us and take necessary action as deemed fit.

I/We have enclosed a Demand Draft / Bank Guarantee as an “Earnest Money Deposit", for

the sum as mentioned in NIT, the full value of which is to be absolutely forfeited to the Employer If

I/We fail to commence the work specified. Otherwise the Employer shall retain the said sum, as on

account of such Security Deposit as provided for in the aforesaid documents.

I/We agree not to employ sub-contractors other than those that may be approved in

accordance with conditions in the aforesaid documents.

I/We understand that Municipal Commissioner is not bound to accept the lowest or any

tender, which are received. I / We also understand & agree that Municipal Commissioner Reserves

the right to allot number of tenders to successful bidders at his sole discretion in case if I / We

am/are lowest in more than one tender.

I/We am/are bound to execute the job if the work order is issued within 120 days from the

date of opening of the tender.

I am bound to execute the work by maintaining all Quality aspects/parameters mentioned in

the tender terms and conditions. I am also bound to submit all supporting Genuine Original

documents as and when asked and if any discrepancy found in such documents as well as in the

executed Work with respect to Quality/Quantity at any stage of work or even after completion of

work, it will be solely my Responsibility. I am bound to prove originality of all documents submitted

by me and if any Documents found false/fake then Municipal Commissioner/AMC has right to take

any action/penalty/punishment against me.

Ahmedabad Municipal Corporation

I am also bound that if I/we, indulged into any malpractice and/or used any inferior quality

and/or the construction of road is found to be of an inferior quality under this contract than in such

case Municipal Commissioner/AMC has right to debar/ blacklist permanently.

I/We agree to pay the Government income-Tax, GST/Sales-Tax (Central and State), Octroi

duties, Royalty on material (i.e. Aggregate, Sand etc.) And any other taxes prevailing and from time to

time on such items on which the same are leviable and the rates quoted by me/us are inclusive of the all

tax, but excluding the GST.

Yours faithfully

Seal and Sign of Contractor

Ahmedabad Municipal Corporation

SPECIAL CONDITION OF CONTRACT

1. This contract envisages repairs to Potholes within limit of A.M.C. As A.M.C. is divided in six

different zone, Additional City Engineer will allot work to bidders. Bidders shall execute the

work in the co ordination with concern engineering staff.

2. The agency will provide regular days working facility for pot hole repairing.

3. The traffic permission, arrangement of lights reflectors, cones, reflective jackets, protection

of working site from regular moving traffic i.e. barricading etc if required will be

responsibility of the bidder.

4. Bidder shall obtain NOC from traffic police & concerned engineering department shall

provide all assistance in this regard.

5. Methodology of potholes repair shall be:

1. All the loose debris and water in the potholes shall be blowered off using high

volume blower of pothole.

2. The affected area shall be cleaned, prepared, sealed, filled, cured and ready for

traffic in one smooth operation. All potholes shall be repaired with Emulsion, lasting

as long as repairs using hot rolled asphalt.

3. High volume blower shall be used to easily blow out all loose debris from the

pothole, cleaning it & preparing the patch for an effective patch.

4. Applying uniform sprinkled tack coat of asphalt emulsion which covers the affected

surface uniformly & provided good bonding surface for upper layer.

5. Design mixed aggregates & emulsion shall be forcely grouted on affected patch

uniformly of required thickness to get uniform surface.

6. A highly efficient surface Compactor shall be applied on grouted surface to

get the affected surface properly leveled & compacted to get the smooth surface which

is integrated, smooth & uniform in texture & durable.

6. The bidder is shall have to repair below mentioned potholes within the limit of A.M.C.

2. Utility Cuts

3. Wheel path rutting

7. Pre surface dressing

7. The emulsion to be used for cold mix should be fresh and thus the asphalt mix prepared

instantly and on the spot with Emulsion coated aggregates to form asphalt mix and the

asphalt mix thus prepared instantly and on the spot should be sprayed with the help of

forced air draft at 50 psi by the operator in to the pothole or broken road edge to achieve

compaction & to achieve the density more than required.

8. The sand or dry aggregates shall be spread on the freshly sprayed patch surface of the

required area with the help of pothole patching and overlaying machine before opening for

9. The contractor shall have to arrange all necessary machinery like Emulsion mixture Tar

mechanical lime grinder, mixer, vibrator etc which are essential for the work and it shall

have to be arranged by the contractor at his own cost along with required calibration

Certificates/licenses if necessary.

10. The contractors will have to obtain permission from the traffic police department well in

advance either for closing down the road partially/fully or for diversion of diversion of traffic for

execution of the work.

11. All material required for the work can be stacked near the site of work in such manner so as

Ahmedabad Municipal Corporation

not to cause any inconvenience to the pedestrian and vehicular traffic. If no space is

available on site then tenderer shall make his own arrangement for stacking of material etc.

No extra payment will be made on this account.

12. The surplus excavated material from the site shall be removed free of cost to the

Municipal dumping ground within 24 hours, as directed. The necessary tipping charges at the

dumping ground, as applicable, shall be borne by the contractor.

13. Traffic Management:-

1. The contractor shall have to provide adequate number of wardens as per requirement of

Traffic Police Dept. at the contractor's cost.

2. Traffic signs at the contractor's cost.– Temporary traffic and construction signs are to be

provided during construction and maintenance operations for traffic diversion and

pedestrian safety as per Traffic Diversion Plan approved by the Engineer.

3. The contractor shall display at his cost the boards stating information of the name of the work,

date of starting, date of completion, name of the Dept. and contact telephone nos.

4. If any fatal accidents occurs due to improper traffic diversion during or after the work (before

clearing the site) shall be completely contractor’s responsibility.

14. The full time services of the Personnel Team of the contractor is mandatory during the entire

period of the project. No Extra cost towards the same

15. The photographs of work sites & works as and when directed by Engineer are to be taken.

16. TESTING OF MATERIAL

1. Contractors are required to send at least one sample per 2500 Sq.Mt. area of patch.

2. The test of samples of cold mix, used in the work shall be carried out at municipal laboratory or

government approved laboratory as directed by engineer in-charge.

3. The charges for testing of asphalt /cold mixes shall be as per the rates in force at the time of

testing of materials/asphalt mixes and the testing charges shall be borne by the contractor.

17. The work will be treated as completed only after cleaning the site in all respect, after

completion of the work.

18. Post Performance of Attended Potholes.

After repairs to potholes till end of Defect Liability Period following performance criteria

shall be observed.

a) Edges should not be damaged/deteriorated.

b) No depression / hump shall be observed.

c) Smoothness of surface shall be ensured.

d) There shall be no raveling on attended surface.

In case of failure of any of above said performance criteria, the work shall be redone by the

contractors at his own cost with the same cold mix material / paver blocks as applicable.

19. The photographs of the pothole to be repaired shall be taken by contractor at all stages and

contractor should produce the same to AMC if asked by AMC Engineers in charge.

1) Existing pothole.

2) Pothole Geometrical shape.

3) After laying of the cold mix layer

20. Minimum required Equipments for the work

The contractor should have minimum machinery of its own ownership as mentioned below:

1. Cold Mix Pothole Patching Jet Patcher Machine - – 01 Nos.

Ahmedabad Municipal Corporation

2. Surface Compactor – 02 Nos.

Contractor shall submit the list of above equipments along with proof of Ownership, like

R.C.Book/Purchase Invoice for above equipments. The ownership of 1 Jet Patcher machine and

compactors shall be necessary. The proof of ownership of machine shall be submitted.

21. Tax, Duties on Materials

All charge on account of Octroi, excise duties, terminal tax, GST/sales tax and Govt. duties/tax etc. on

material procured for the works from any source shall be borne by the contractor. No(P) or “C” or “D” form

shall be supplied by the AMC for this purpose. GST will be paid extra by AMC/Authority at prevailing rate to

the contractor.

22. Reserved Rights

Municipal Commissioner Reserve’s right,

(1) To waive any qualifying criteria or information in any tender as a special case and to

reject any or all tenders without assigning any reason thereof.

(2) To increase / decrease the scope of work & also split the tender in two or more

contracts without assigning any reason even after the work is awarded.

(3) To allot number of tenders to successful bidders, in case if any contractor is lowest in

more than one tender.

(4) To collect any required documents after bid opening and also reserves the right for

rejection/acceptance of any tender.

23.0 Performance Guarantee:

5 % amount of each Running Bill including price escalation shall be deducted against Defect

Liability / Performance Guarantee. Such Amount shall be released only after completion of

Defect Liability period. (After deductions of performance based recovery if any.)

24. Retention Money

2% amount shall be deducted as retention money from each running bill. This retention money

shall be released along with final bill. AMC reserves right to deduct any amount to compensate

the poor performance of the contractor i.e. poor quality or abandoned/incomplete work.

1. The samples of materials to be procured shall be got approved by the Engineer in

2. All the material required for the work shall be confirming to require standard and

requisite certificate will have to be produced/submitted for that.

3. Testing of all material shall be carried out as per required frequency.

4. All the testing charge for mix design etc if necessary shall be borne By the contractor.

5. The patch repair work will be with 12 months guarantee after the date of execution.

6. Contractor shall repair at his cost any patch/potholes which is found detective during

defect liability period. No payment shall be made for such repairs.

Seal and Signature of the Bidder Add City Engineer

Date: Ahmedabad Municipal Corporation

Ahmedabad Municipal Corporation

SECTION II INSTRUCTIONS

1. Scope of Bid

This contract covers the following works ;

Work of pothole filling on all the roads in Ward limit during Contract Period :- The

contractors shall be responsible for Repairs to the potholes/Bad Patches during any season

on all the roads in the ward except those roads which are in the Defect Liability Period of

contractors of Central Agency/ Any other Agency and Project Roads as per the specifications

and as directed by the Engineer.

The above is general description of the scope of work & the said work is required to be

executed as per the items under the methodology as submitted by cold mix technology as

mentioned in this document and relevant Specifications as updated upto the date of

invitation of the Tender. .

2.0 Source of Funds

Ahmedabad Municipal Corporation has arranged the fund for this project.

Eligible Bidders

The Invitation for Bids is open to all eligible bidders meeting the eligibility criteria as defined

in this tender.

All bidders shall provide Qualification Information and Forms of Bid mentioned in the Clause-

14. An agency that has been engaged by the Employer to provide consulting services for the

preparation or supervision of the works, and any of its affiliates, shall not be eligible to bid.

An enterprise / company may only participate in the bidding process if they are legally and

financially autonomous, operate under commercial law and are not a dependent agency of

(i) Bidders shall not be under a declaration of ineligibility for corrupt or fraudulent or

collusive or coercive practices in accordance with ITB clause No.

(ii) Bidder(s) found to have conflict of interest shall be disqualified. For clarification

purposes a conflict of interest is when bidders:

(a) are associated with an agency or any of its affiliates which have been engaged by the

Employer to provide consulting services for the preparation of the design,

specifications, and other documents to be used for the procurement of the

goods/works under these Bidding Documents ;

(b) or submit more than one bid in this bidding process. However, this does not limit the

participation of subcontractors in more than one bid.

Any entity which has been declared as non-performing by NHAI / GoG / AMC or the firms

those are blacklisted/ debarred for specified period by AMC, Governement of Gujarat,

Government of India or any other entity controlled by it, would not be eligible to submit the

Qualification of the Bidder

Experience of bidder

Experience of having successfully completed similar works during last 7 years ending last day

of month previous to the one in which applications are invited should be either of the

Ahmedabad Municipal Corporation

i. Three similar completed works costing not less than the amount equal to 40% of the

estimate put to tender.

ii. Two similar completed works costing not less than the amount equal to 50% of the

estimate put to tender.

iii. One similar completed works costing not less than the amount equal to 80% of the

estimate put to tender.

(Definition of similar works shall be as mentioned in Section-III)

(Escalation factor as mentioned below shall be used to bring the value of such completed

works to the level of financial year 2022-23)

Year Financial Year Enhancement Factor

Base (year of inviting tender) 2023-2024

Sub contractors experience and resources shall not be taken into account in determining the

bidder’s compliance with the qualifying criteria.

Organization & Management

a. Memorandum of association/ articles of association/ partnership agreement etc.

b. Certificate of class of registration

Financial Status

Achieved an Average Annual financial turnover during the last 3 years, ending 31st March of

the previous financial year should be at least 30% of the estimated cost put to Tender. It

should be duly certified by Chartered Accountant.

Escalation factor as mentioned above shall be used to bring the value of such completed

works to the level of financial year 20122-23

If company did not exist for the last 7 years, corresponding figure for the year is to be taken

The agency should also produce solvency certificate of 20% amount of the cost of work.

Bidders who meet the minimum qualification criteria will be qualified only if their available

bid capacity is more than the total bid value. The available bid capacity will be calculated as

Available Bid capacity = (A* N* 2 - B)

A = Maximum value of works executed in any one year during the last five years (escalation

factor as specified in this section shall be used to bring/calculate the maximum value of

works to the level of financial year 2022-23) taking into account the completed as well as

works in progress.

N = Number of years prescribed for completion of the works for which bid is invited.

B = Value of existing commitments and on-going works to be completed during the next N

years (period of completion of the works for which bid is invited)

Sub-Contractors' experience and resources shall not be taken into account in determining the

bidder's compliance with the qualifying criteria.

Ahmedabad Municipal Corporation

Performance of Bidder in AMC Work

If works carried out by the bidder in last three years are found to be inferior quality or if the

bidder is alleged for malpractice in the tenders allotted to him in last three year, then to accept

or reject his tender, shall be sole discretion of Municipal Commissioner, A.M.C. i.e. Municipal

Commissioner is at his sole discretion may accept or reject the tender and the decision of

Municipal Commissioner shall be bound to the bidder.

DISQUALIFICATION

Even though the bidders meet the above mentioned qualifying criteria, they are subject to

be disqualified if they have,

a. Made misleading or false representations in the forms, statements, affidavits and

attachments submitted in proof of the qualification requirements; and/or

b. Record of poor performance such as abandoning the works, not properly completing

the contract, inordinate delays in completion, litigation history, or financial failures

etc. or debarring from AMC work etc.

c. Tampered the bid document in any manner.

d. Colluded with other prospective bidders for this work to arrive at quoted prices for

the purpose of restricting competition.

e. Indulged in inducement of any official of AMC and/or their consulting engineer and

other advisors in any manner whatsoever.

f. Proposal not submitted in accordance with this tender.

g. During validity of the proposal, or its extended period, if any, the bidder changes his

commercial terms.

h. The bidder qualifies the proposal with his own conditions.

i. Proposal is received after due date and time.

j. Commercial proposal is enclosed with the same envelope as technical proposal

k. The envelope does not show on the outside the reference of bid and thus gets

opened before the due date of opening.

l. The E.M.D. is not deposited in full and in the manner as specified in the clause of

Earnest Money Deposit.

m. The tender is in a language other than English or dose not contains its English

Translation in case of other language adopted for tender preparation.

n. The tender documents received are not duly signed by authorized person.

o. The validity of tender is less than what is stated in the tender.

p. Any of the page or pages of tender is/are removed or replaced.

q. Any condition which affect the cost.

r. If it is joint venture.

6.0 Cost of Bidding

The bidder shall bear all costs associated with the preparation and submission of his Bid.

Employer will in no case be responsible and liable for those costs.

The Bidder, at his own cost, responsibility and risk, is encouraged to visit, examine and

familiarise himself with the site of Works and its surroundings including source of earth,

water, road aggregates etc. and obtain all information that may be necessary for preparing

the Bid and entering into a contract for construction of the Works. The costs of visiting the

Site shall be at the Bidder's own expense.

Bidders shall not have any dispute or claim for any kind of compensation in case of,

i. If the quantity stipulated in the tender items varies or the scope of work changes

and thereby total amount of work increases / decreases up to any extent.

and thereby total amount of work increases / decreases up to any extent.

Ahmedabad Municipal Corporation

ii. If the works gets delayed / postponed for some administrative / technical decision

iii. If the items stipulated in the tender shall not be executed as per site condition/

requirements. No claim shall be entertained for the same.

iv. No idle charges shall be paid to contractor for machinery and man power if remain

idle and no claim shall be entertained for the same.

B. BIDDING DOCUMENTS

Content of Bidding Documents

The set of bidding documents comprises the documents listed below and addendum (if any)

1. Notice inviting e-Tender

2. Special conditions of Contract

3. Instructions to Bidders

4. Qualification Information

5. Conditions of Contract

6. Technical Specifications

7. Forms of Bid

3. Bill of Quantities

The bidder is expected to examine carefully all instructions, conditions of contract, contract

data, forms, terms, technical specifications, Schedule B, forms, Annexers in the bid

document. Failure to comply with the requirements of bid documents shall be at the

bidder’s own risk. Bids which are not substantially responsive to the requirements of the bid

documents shall be rejected.

3.0 Clarification of bidding documents :- As mentioned in the clause - 11 of Pre Bid Meeting

Pre Bid Meeting

Prospective bidders requiring any clarification of the bidding documents may notify the

employer by email or through fax/ post/ courier at the Employer’s address indicated in the

Notice Inviting Tenders twenty four (24) hours before the Pre Bid Meeting. Employer, at its

sole discretion, may hold the Pre- Bid Meeting at the time, date, and Venue.

The purpose of the meeting will be to clarify issues and to answer the questions on any

matter that may be raised at that stage.

Any modifications of the bid documents listed in Clause 9.1, which may become necessary as

a result of the pre-bid meeting or which are required in the opinion of the Employer shall be

made by the Employer exclusively through the issue of an amendment pursuant to Clause

and not through the minutes of the pre-bid meeting.

Non-attendance at the pre-bid meeting will not be a cause for disqualification of a bidder.

Amendment of Bidding Documents

Before the deadline for submission of bids, the Employer may modify the bidding documents

by issuing addendum.

Any addendum thus issued shall be part of the bidding documents and shall be placed on

website www.nprocure.com The prospective bidder shall refer to website to check any

addendum before 48 hours of opening of bids. AMC will not give any advertisement for the

Ahmedabad Municipal Corporation

To give prospective bidders reasonable time in which to take an addendum into account in

preparing their bids, the Employer may, at his desecration, extend as necessary the deadline

for submission of bids.

Prospective bidders should attach the addendum made for the work & if fails to do so than

also the changes made through such addendum shall be applicable & bound to the bidder.

C. PREPARATION OF BIDS

13.0 Language of the Bid

All documents relating to the bid shall be in the English language only.

Documents comprising bid

The e bid submitted by the bidder shall be in two separate parts.

A. Technical Bid

B. Financial Bid

To qualify for award of the contract, each bidder must upload the scanned copies of

following documents along with the submission of online bidding:

1. Scanned copy of Tender Fee

2. Scanned Copy of EMD

3. Scanned Copy of Required Registration Certificate

4. Scanned copies of original documents defining the constitution or legal status,

place of registration, and principal place of business

5. Scanned Copy of Solvency Certificate

6. An affidavit on a Stamp Paper, duly attested from the Notary Public, that the

information furnished with the bid documents is correct in all respects.

7. scanned copy of valid written power of attorney of the signatory of the Bid to

commit the Bidder

Failure to submit these certificates/documents shall make the bid non-responsive.

Though, the scanned copies of above mentioned documents is required to be uploaded

during submission of e-bid on the e-tendering portal of (n) procure, however, following

original documents in physical form in two copies, one marked as “original” and other

marked as “Duplicate”, shall be submitted in a sealed envelope by 18:00 Hrs on the date of

physical submission of bid and addressed to the addressee given in the NIT duly super

scribed “Name of Work, Bid due date and time, Name and address of the bidder”

1. Bid security (EMD)

2. Tender Processing Fee

3. Certificate of “C” class in Road Works in PWD in Govt. R&B/CPWD/AMC or

equivalent register with any other state Govt. or institutions.

4. Memorandum of Association/Articles of Association as filed before the Register of

5. Original copy of valid written Power of Attorney of the signatory (whose digital

signature certificate is used during e-tender submission) of the bidder to commit the

bid. This power of Attorney shall not be older than 1 year from the date of last date

of online submission of tender.

6. If the application 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 of the firm by signing of the application in which case

a certified copy of power of attorney shall accompany the application. A certified

copy of the partnership deed, current address of the firm and the full names, and

current address of all the partners of the firm shall also accompany the application.

7. If the application is made by limited company or a limited corporation, it shall be

signed by a duly authorized person holding the power of attorney for signing the

Ahmedabad Municipal Corporation

application which case, a certified copy of the power of attorney shall accompany

the application. Such limited company or corporation will be required to furnish

satisfactory evidence of its existence before the contract is awarded.

8. Bidder shall have to submit the power of attorney for the person who will going to

sign the measurement book. In case of employee, If the holder of this power of

Attorney will leave the job, the contractor immediately shall have to submit the

fresh power of Attorney for the newly appointed person.

9. Bidder's financial capability and standing over at least past five years and relevant

10. Income Tax Return of last 3 consecutive financial Years.

11. Bidder's present commitments.

12. The technical ability and qualifications of the bidder. Details of technical personnel

with their qualification & experience as per Statement No.4.

13. A list of the equipment the bidder possessed and that which he proposed to

acquires and use for the purpose related to the work

14. Bank Solvency Certificate.

15. Affidavits duly notarized (as per the format provided in Section III)

16. Notarised copy of experience certificate from concerned department not ranked

below Executive Engineer or equivalent, showing that the Bidder has successfully

completed required numbers of similar work in his own name.

17. Undertakings mentioned in Section III (Qualification Information) of this document.

18. Statements no. 1 to 6 with notarized supporting documents

19. Audited balance sheets for last three years.

20. Any other material / information required to be submitted in accordance with these

Instructions to Bidders (ITB)

The contract shall be for the whole works as described in Bill of Quantity as described in sub-

Clause 1.0 including the schedule-B based on the percentage rate in the Bill of Quantities

submitted by the bidder..

All duties, taxes, and other levies payable by the contractor under the contract, or for any

other cause shall be included in the rates, prices and total Bid Price submitted by the Bidder,

except otherwise stated in the Bid document. Employer will not compensate the bidder

(contractor) for any change in duties, taxes and other levies payable by the contractor under

the contract and any other reasons.

The percentage rate and bid price quoted by the bidder shall be fixed up to the completion

of Work and shall not be subject to adjustment on any account, except where expressly

specified, otherwise, in the contract.

16.0 Currencies of Bid and Payment

The currency of bid and payment shall be in Indian Rupees. All payments shall be made in

Bids shall remain valid for 120 days from last date of submission of tender. A bid valid for a

shorter period shall be rejected by the Employer as non-responsive.

In exceptional circumstances, prior to expiry of the bid validity (120 days), the Employer may

request that the bidders may extend the period of validity for a specified additional period.

The request and the bidders' responses shall be made in writing or by cable. A bidder may

refuse the request without forfeiting his bid security. A bidder agreeing to the request will

not be required or permitted to modify his bid, but will be required to extend the validity of

his bid security for a period of the extension, and in compliance with Clause 36.0 in all

Ahmedabad Municipal Corporation

Earnest Money / Bid Security

The Bidder shall furnish, a Bid Security of the amount as shown in para 6 of the Table of IFB

as part of his bid, in the form of D.D. or pay order or Bank Guarantee in favour of Municipal

Commissioner, Ahmedabad valid for 120 days.

The issuing branch of the bank guarantee shall be of Ahmedabad City only.

As per Government of Gujarat G.R. No. - EMD/10/2019/50/DMO, Dtd-18.06.2019 & Circular

of Finance Department, AMC no. 12 Date: 22-07-2019, approved Banks are...

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

1. All Nationalized Banks including the Public Sector Bank – IDBI LTD.

2. Private Sector Banks authorized by RBI to undertake State Government Business (at

present: AXIS Bank, ICICI Bank, HDFC Bank).

(B) Guarantees issued by following Banks will be accepted as SD/EMD for the period up to

(1) Commercial Banks :

(1) Kotak Mahindra Bank

(2) RBL Bank (The Ratnakar Bank Ltd.)

(3) IndusInd Bank.

(4) Karur Vysya Bank

(6) FEDERAL Bank

(2) Co-Operative Banks of Gujarat :

(1) Rajkot Nagarik Sahakari Bank Ltd.

(2) The Mehsana Urban Co-Operative Bank Ltd.

(3) The Surat District Co.Operative Bank Ltd.

(4) The Ahmedabad Mercantile Co-Operative Bank Ltd.

(5) Nutan Nagrik Sahakari Bank Ltd.

(6) The Kalupur Commercial Co-Operative Bank Ltd.

(7) Saurashtra Gramin Bank.

(8) Baroda Gujarat Gramin Bank.

Any bid not accompanied by an acceptable Bid Security shall be rejected by the Employer as

non-responsive.

Any bid having bid security for lesser value and shorter validity period shall be treated as non-

(a) The bid security of the unsuccessful bidders, except for L1, L2 and L3 bidders will be

returned as promptly as possible.

(b) The bid security of the successful bidder, along with second and third lowest

tenders, will be returned when the successful bidder has furnished the required

security deposit and signed the agreement.

The Bid Security of the Successful Bidder will be discharged when the bidder has signed the

Agreement and furnished the required security deposit.

The Bid Security shall be forfeited,

a) if the Bidder withdraws the Bid after Bid opening during the period of Bid validity;

b) in the case of a successful Bidder, if the Bidder fails within the specified time limit to

(i) sign the Agreement; or

(ii) Furnish the required security deposit.

(iii) commence the work after signing the agreement within 15 days

No interest shall be paid by the owner on any tender guarantee. The issuing branch of the

bank guarantee shall be of Ahmedabad City only.

Ahmedabad Municipal Corporation

Bank Guarantee for Earnest Money Deposit should be executed on non-judicial Stamp

papers of requisite value in accordance with the stamp Act applicable to that particular state

of Indian Union, where executed.

The executing officers of the bank Guarantee for Earnest Money Bid Security shall clearly

indicate in (block letters) his name, designation, Power of Attorney No. / Signing Power No.

Each page of the bank guarantee for Earnest Money Deposit shall be duly signed/initialed by

the executing officers and the last page shall be signed in full, indicating the particulars as

aforesaid (sub-para 36.10) under the seal of the Bank.

19.0 Alternative Proposal by Bidders

Bidders shall submit offers that comply with the requirements of the bidding Documents.

Alternatives will not be considered, unless specifically asked for by the Employer.

Format and Signing of Bid

The Bidder shall prepare one original copy of the documents comprising the bid as described

in Clause 14.3 of these Instructions to Bidders, bound with the volume containing the

‘Technical Bid in separate parts and clearly marked "ORIGINAL" and "DUPLICATE" as

appropriate. In the event of discrepancy between them, the original shall prevail.

The original and duplicate of the Bid shall be typed or written in indelible ink and shall be

signed by a person or persons duly authorized to sign on behalf of the Bidder. All pages of

the Bid where entries or amendments have been made shall be initialled by the person or

persons signing the bid.

Pages of tender documents shall be initialed by the bidder with company’s seal.

The Bid shall contain no alterations or additions, except those to comply with instructions

issued by the Employer, or as necessary to correct errors made by the bidder, in which case

such corrections shall be initialled by the person or persons signing the bid.

Sufficiency of bid: The bidder shall be deemed to have satisfied himself as to the correctness

and sufficiency of the bid, all of which shall, cover all his obligations under the contract and

all matters and things necessary for the proper execution and completion of Works and the

remedying of the defects therein.

D. SUBMISSION OF BIDS

Sealing and Marking of Bids

The bidder shall submit the Technical Bid only. The Bid shall be sealed in separate envelopes

and the three sealed envelopes shall be sealed in an outer envelope. The Bid envelopes

shall be marked as follows:-

1. Tender fee -

2. Bid Security

1. Complete Tender Document with all necessary qualification related documents (in two

Above two envelopes shall be kept in one envelope and it should be marked as “Technical

Bid” and sealed. This Outer envelope should mention the name of firm of bidder, his

address, contact details & name of the work.

The inner and outer envelopes

a) Shall be addressed to the Employer at the following address:

Assistant Manager, Central Zone,

Central Zone Zonal Office”, B – Wing,

Third Floor,Sardar Patel Bhavan,

Danapith, Ahmedabad-380001.

Ahmedabad Municipal Corporation

b) Bear the following identification:

Indicate the name and address of the bidder.

If the outer envelope is not sealed and marked as above, the Employer will assume no

responsibility for the misplacement or premature opening of the bid.

DEADLINE FOR SUBMISSION OF THE BID

Complete Bids (including Technical bid and necessary documents) must be received by the

Employer at the address specified in bid information not later than the date indicated on the

face sheet of the document. In the event of the specified date for the submission of bids

declared a holiday for the Employer, the Bids will be received up to the appointed time on

the next working day. The Bidder is further required to submit Documents in Physical Form

on or before the Bid Due Date and before the time of submission as specified in NIT, at the

following address:

Assistant Manager, Central Zone,

Central Zone Zonal Office”, B – Wing,

Third Floor,Sardar Patel Bhavan,

Danapith, Ahmedabad-380001.

AMC assumes no responsibility for inability of a bidder to submit bids through (n) procure e-

tendering portal on account of delay in submission at bidder's end. Bidder shall ensure that

they submit the bid well before the "Due Date & Time of Bid- Submission". AMC shall not be

responsible if bidder is not able to submit the bid on account of failure in network/internet

connection or any other technical reason.

The Employer may extend the deadline for submission of bids by issuing an amendment in

accordance with Clause 12.0, in which case all rights and obligations of the Employer and the

bidders previously subject to the original deadline will then be subject to the new deadline.

All bidders are requested to see the website of (n) procure for corrigendum as per clause no.

Any Bid received by the Employer after the deadline prescribed in NIT will be rejected and

returned unopened to the bidder.

Any Bid received by the Employer after the deadline prescribed in NIT will be returned

unopened to the bidder.

MODIFICATION & WITHDRAWAL OF BID

Bid shall not be modified by the bidder after the deadline for submission of bids.

Withdrawal of a bid during the interval between the deadline for submission of bids and the

expiration of the period of bid validity specified in NIT may result in the forfeiture of the Bid

Security pursuant to Clause -18.

If during Tender validity period, the bidder withdraws his tender, the tender security

(Earnest Money Deposit) shall be forfeited.

E. BID OPENING & EVALUATION

The Employer will open all the Bids received (except those received late), in the presence of

the Bidders or their representative who choose to attend. In the event of the specified date

of Bid opening being declared a holiday for the Employer, the Bids will be opened at the

appointed time and location on the next working day.

Bids for which acceptable notice of withdrawal has been submitted pursuant to Clause -

shall not be opened and shall be returned.

The envelope containing “Technical Bid” shall be opened. The amount, form, and validity of

the bid security furnished with each bid will be announced. If the bid security furnished does

not confirm to the amount and validity period as specified in the NIT, and has not been

Ahmedabad Municipal Corporation

furnished as specified, the remaining technical bid will be returned to the bidder terming it

as non-responsive.

Representatives of the bidders (maximum of two) who choose to attend may attend the

online opening of the bids on the Place, date & time as mentioned above.

The bidders or their representatives who are present shall sign attendance sheet evidencing

their attendance.

(i) Subject to confirmation of the bid security by the issuing Bank, the bids

accompanied with valid bid security will be taken up for evaluation with respect to the

qualification Information and other information furnished in Part I of the bid pursuant to

(ii) After receipt of confirmation of the bid security, the bidder will be asked in writing

(usually within 7 days of opening of the Technical Bid) to clarify his technical bid, if

necessary, with respect to any rectifiable defects.

(iii) The bidders will respond in not more than 4 working days of issue of the clarification

(iv) On receipt of these clarifications AMC finalise the list of responsive bidders whose

financial bids are eligible for consideration.

As soon as possible, AMC will finalize the list of responsive bidders whose financial bids are

eligible for consideration. However, to assist in the examination, evaluation of technical bids,

the Employer may at his discretion, ask any bidder for clarification of his bid, and any

additional documents in support of clarification of bid.

The Employer shall inform the bidders, whose technical bids are found responsive, of the

date, time, and place of opening of the financial bids. The bidders so informed, or their

representative, may attend the meeting of opening of financial bids.

At the time of opening of “Financial Bid”, the names of the bidders who were found

responsive will be announced. The bids of only these bidders will be opened.

Information relating to the examination, clarification, evaluation, qualification, and

comparison of Bids and recommendations for the award of a contract shall not be disclosed

to Bidders or any other persons not officially concerned with such process until the award to

the Successful Bidder has been announced. Any effort by a Bidder to influence the

Employer's processing of Bids or award decisions may result in the rejection of his Bid.

CLARIFICATION OF FINANCIAL BID

To assist in the examination, evaluation, and comparison of Bids, the Employer may, at his

discretion, ask any Bidder for clarification of his Bid, including breakdowns of % above or

below amount put to tender. The request for clarification and the response shall be in

writing or fax or e-mail, but no change in the price or substance of the Bid shall be sought,

No Bidder shall contact the Employer on any matter relating to his bid from the time of the

bid opening to the time the contract is awarded. If the Bidder wishes to bring additional

information to the notice of the Employer, he should do so in writing.

Any effort by the Bidder to influence the Employer in the Employer's bid evaluation, bid

comparison or contract award decisions may result in the rejection of the Bidders’ bid.

EXAMINATION OF BID & DETERMINATION OF RESPONSIVENESS

Prior to evaluation of bids, the Authority shall determine whether each bid is responsive to

the requirements of the tender or not. Any bid shall be considered responsive only if:

(a) it is received as per format mentioned in the bid documents.

(b) it is received before the Application Due Date including any extension thereof.

(c) it is signed, sealed, bound together in hard cover, and marked as stipulated in

(d) it is accompanied by the Power of Attorney as specified in Clause 14.3.

Ahmedabad Municipal Corporation

(e) it contains all the information and documents (complete in all respects) as requested

in this TENDER;

(f) it contains information in formats same as specified in this TENDER;

(g) it contains certificates from its statutory auditors in the formats specified at Appendix-

I of the TENDER for each Eligible Project;

(h) it contains an attested copy of the receipt for payment of Tender fee & E.M.D.;

(i) it does not contain any condition or qualification; and

(k) it is not non-responsive in terms hereof.

A responsive Bid is the one which conforms to all the terms, conditions and specification of

the Bidding documents including time for completion, without material deviation or

reservation. A material deviation or reservation is the one which (a) affects in any substantial

way the scope, quality or performance of the Works; (b) which limits in any substantial way,

the Employer’s rights or the Bidder’s obligations under the Contract, or (c) whose

rectification would affect unfairly the competitive position of other Bidders presenting

responsive Bids.

If a “Technical Bid” is not substantially responsive, it will be rejected by the Employer, and

may not subsequently be made responsive by correction or withdrawal of the non-

conforming deviation or reservation.

EVALUATION OF BID

The Employer will evaluate and compare only the Bids determined to be substantially

responsive in accordance with Clause

If the Bid of the Successful Bidder is seriously unbalanced in relation to the Engineer's

estimate of the cost of work to be performed under the contract, the Employer may require

the Bidder to produce detailed % quote price analysis for any or all items of the BOQ, to

demonstrate the internal consistency of those prices with the construction methods and

schedule proposed. After evaluation of the % quote price analysis, the Employer may require

that the amount of the Security Deposit set forth in Clause -18 be increased at the expense

of the Successful Bidder to a level sufficient to protect the Employer against financial loss in

the event of default of the Successful Bidder under the Contract.

A bid which unrealistically % quoted priced low and which cannot be substantiated

satisfactorily by the bidder may be rejected as ‘non-responsive’.

In comparing tenders, the AMC shall consider factors such as the time of completion,

efficiency, and reliability of construction method proposed, compliance with the

specification, relative quality, the operation, maintenance and replacement cost of structure

and plant and also the qualifying criteria for the evaluation of tender. The price bids of only

those bidders who are pre / post qualified will be opened in the presence of the contractor.

EMPLOYER’S RIGHT TO ACCEPT OR REJECT ANY OR ALL BIDS

Notwithstanding anything contained in this Bid, the Authority reserves the right to accept or

reject any Application and to annul the Bidding Process and reject all Applications/ Bids, at

any time without any liability or any obligation for such acceptance, rejection or annulment,

and without assigning any reasons therefore. In the event that the Authority rejects or

annuls all the Bids, it may, in its discretion, invite all eligible Bidders to submit fresh Bids

The Authority reserves the right to reject any Application and/ or Bid if:

(a) at any time, a material misrepresentation is made or uncovered, or

(b) the Applicant does not provide, within the time specified by the Authority, the

supplemental information sought by the Authority for evaluation of the Application.

If such disqualification/ rejection occur after the Bids have been opened and the

Highest Bidder gets disqualified/ rejected, then the Authority reserves the right to:

(i) invite the remaining Bidders to match the Highest Bidder/ submit their Bids in

accordance with the TENDER; or

Ahmedabad Municipal Corporation

(ii) take any such measure as may be deemed fit in the sole discretion of the

Authority, including annulment of the Bidding Process.

33.3 In case it is found during the evaluation or at any time before signing of the agreement or

after its execution and during the period of work, that one or more of the pre-qualification

conditions have not been met by the Applicant, or the Applicant has made material

misrepresentation or has given any materially incorrect or false information, the Applicant

shall be disqualified forthwith if not yet appointed as the Concessionaire either by issue of

the LOA or entering into of the Concession Agreement, and if the Applicant/SPV has already

been issued the LOA or has entered into the Concession Agreement, as the case may be, the

same shall, notwithstanding anything to the contrary contained therein or in this TENDER, be

liable to be terminated, by a communication in writing by the Authority to the Applicant,

without the Authority being liable in any manner whatsoever to the Applicant and without

prejudice to any other right or remedy which the Authority may have under this TENDER, the

Bidding Documents, the Concession Agreement or under applicable law.

30.4 The Authority reserves the right to verify all statements, information and documents

submitted by the Applicant in response to the TENDER. Any such verification or lack of such

verification by the Authority shall not relieve the Applicant of its obligations or liabilities

hereunder nor will it affect any rights of the Authority hereunder.

F. AWARD OF CONTRACT

Subject to Clause 32, the Employer will award the Contract to the Bidder whose Bid has been

(i) to be substantially responsive to the Bidding documents and who has offered the

lowest evaluated Bid Price.

(ii) To be within the available bid capacity adjusted to account for his bid price

which is evaluated the lowest in any of the packages opened earlier than the one under

In no case, the contract shall be awarded to any bidder whose available bid capacity is less

than the evaluated bid price, even if the said bid is the lowest evaluated bid. The contract

will in such case be awarded to the next lowest bidder at his evaluated bid price.

NOTIFICATION OF AWARD & SIGNING OF AGREEMENT

The Bidder whose Bid has been accepted will be notified of the award by the Employer prior

to expiration of the Bid validity period by writing, facsimile or e-mail confirmed by registered

letter. This letter (hereinafter and in the Conditions of Contract called the “Letter of

Acceptance” as per format given in Annexure – IV) will state the sum that the Employer will

pay the Contractor in consideration of the execution, completion, and maintenance of the

Works by the Contractor as prescribed by the Contract (hereinafter and in the Contract

called the “Contract Price”).

The notification of award will constitute the formation of the Contract, subject only to the

furnishing of a Security Deposit in accordance with the provisions of Clause-34.

The agreement will incorporate all correspondences between the Employer and the

Successful Bidder. It will be signed by the Employer and the Successful Bidder.

SIGNING OF CONTRACT AGREEMENT

The Employer and the successful bidder shall enter into a Contract Agreement (the Form of

Agreement is placed at Annexure-V) within 28 days after the successful bidder (hereinafter

called the Contractor) receives the Letter of Acceptance, unless they agree otherwise,

subject to furnishing the performance security as laid down in ITB Clause-34 before signing

the Agreement with the Employer.

Ahmedabad Municipal Corporation

Upon issue of ‘Letter of Acceptance’ to the successful Bidder, the Employer will promptly

notify the other Bidders that their Bids have been unsuccessful and release their Earnest

Money Deposit/Bid Security.

SECURITY DEPOSIT

Within 15 days of receipt of the Letter of Acceptance, the Successful Bidder shall deliver to

the Employer a security deposit in the form of Bank Guarantee for an amount equivalent to

5% of the Contract Price valid for the period of valid till 45 days beyond Date of completion

of work. The Security Deposit shall be payable in 15 days from date of receipt of LOA failing

which interest @4% per annum will be charged by AMC.

The security deposit shall be in the form of a Bank Guarantee in the name of the Employer,

from Ahmedabad branch of any Banks mentioned in the clause no. 18.2 of this tender

This security deposit shall be released only after the clearance of final bill including pre &

Interest @ 4 % per annum shall be deducted from contractor in case of late submission of

Bank guarantee or late renewal of bank guarantee for the number of days delayed for

submission or discontinuity of the bank guarantee.

Bank Guarantee to be submitted in the prescribed format enclosed and shall be same

verbatim as per the format. Bank Guarantee shall be submitted on right value of stamp

paper and for correct value of contract.

Failure of the Successful Bidder to comply with the requirements of Sub-Clause 34.1 shall

constitute sufficient grounds for cancellation of the award and forfeiture of the Bid Security.

In case of any contract amendment during execution of the contract enhancing value of the

contract the BG value shall be enhanced accordingly. Validity of BG shall be commercial

terms and conditions of the tender.

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

the terms of this Contract or any other contract or on any other account whatsoever may be

deducted from Security Deposit. Also in the event of the Contractor's Security Deposit being

reduced by reasons of such deductions, as aforesaid, the Contractor shall, within 14 days of

receipt of notice of demand from the Engineer-in-Charge, make good the deficit in Security

Should there arise any occasion under the Contract due to which the periods of validities of

Bank Guarantees as may have been furnished by the Contractor from time to time, are

required to be extended/renewed, the Contractor shall get the validity periods of such

guarantees extended/renewed, and furnish these to the Engineer-in- Charge one month

before the expiry date of the aforesaid Guarantees originally furnished failing which the

existing Bank Guarantees shall be invoked by the Engineer – in – charge. Also in case of any

deficit in securities on any account as might occur or is noticed, the Contractor shall

forthwith recoup/replace the same with acceptable Security Deposit.

The Bank Guarantee shall be extended within the expiry dates wherever activities as per

contract are not completed in all respects.

The Security Deposit less any amount due shall, on demand, be returned to the contractor

after 45 days of completion date / Final Bill. No interest on the amount of Security Deposit

shall be paid to the Contractor at the time of release of Security Deposit as stated above.

34.5 The successful bidder to whom ‘LOA’ has been issued shall enter into an agreement at

Employer’s office within 15 days of LOA.

35.0 Advance Payment and Security

The Employer will not provide any advance payment.

36.0 Dispute Review Expert

In case of all the disputes, decision of the Municipal Commissioner, Ahmedabad shall be final

and binding to the bidder.

Ahmedabad Municipal Corporation

Corrupt or Fraudulent Practices

The Employer will reject a proposal for award if it determines that the Bidder recommended

for award has engaged in corrupt or fraudulent practices in competing for the contract in

question and will declare the firm ineligible, either indefinitely or for a stated period of time.

The bidder and their respective officers, employees, agents and advisers shall observe the

highest standard of ethics during the bidding process. Notwithstanding anything to the

contrary contained herein, the Employer may reject any bid without being liable in any

manner whatsoever to the bidder if it determines that the bidder has, directly or indirectly

or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice,

undesirable practice or restrictive practice in the bidding process.

Without prejudice to the rights of the Employer under Clause 30 hereinabove, if an bidder

is found by the Employer to have directly or indirectly or through an agent, engaged or

indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice

or restrictive practice during the bidding process, such bidder shall not be eligible to

participate in any tender issued by the Employer during a period of 2 (two) years from the

date such bidder is found by the Employer to have directly or indirectly or through an agent,

engaged or indulged in any corrupt practice, fraudulent practice, coercive practice,

undesirable practice or restrictive practice, as the case may be.

For the purposes of this Clause 37, the following terms shall have the meaning hereinafter

respectively assigned to them:

(a) “corrupt practice” means the offering, giving, receiving, or soliciting, directly

or indirectly, of anything of value to influence the actions of any person connected with

the bidding process (for avoidance of doubt, offering of employment to, or

employing, or engaging in any manner whatsoever, directly or indirectly, any official

of the Employer who is or has been associated in any manner, directly or indirectly,

with the bidding process or has dealt with matters concerning the Contract or arising

there from, before or after the execution thereof, at any time prior to the expiry of

one year from the date such official resigns or retires from or otherwise ceases to be

in the service of the Employer, shall be deemed to constitute influencing the actions

of a person connected with the bidding process); engaging in any manner

whatsoever, whether during the bidding process or after the award or after the

execution of the Contract, as the case may be, any person in respect of any matter

relating to the Works, who at any time has been or is a legal, financial or technical

adviser of the Employer in relation to any matter concerning the Works;

(b) “Fraudulent practice” means a misrepresentation or omission of facts or suppression

of facts or disclosure of incomplete facts, in order to influence the bidding process;

(c) “Coercive practice” means impairing or harming or threatening to impair or harm,

directly or indirectly, any person or property to influence any person’s participation

or action in the bidding process;

(d) “undesirable practice” means establishing contact with any person connected with

or employed or engaged by the Employer with the objective of canvassing, lobbying

or in any manner influencing or attempting to influence the bidding process; and

(f) “Restrictive practice” means forming a cartel or arriving at any understanding or

arrangement among bidder with the objective of restricting or manipulating a full

and fair competition in the bidding process.

38.0 POLICY FOR TENDER UNDER CONSIDERATION

Tender shall be termed to be under consideration from the opening of the tender until such

time any official announcement or award is made. While tenders are under consideration,

bidders and their representative or other interested parties are advice to refrain from

contracting by any corporation personnel or representative on matters related to the

Ahmedabad Municipal Corporation

tenders under study. The AMC representative if necessary will obtain clarification on tenders

by requesting such information from any or all the bidders, either in writing or through

personal contacts may be necessary. The tender will not be permitted to change the

substance of his tender after tenders have been opened. This includes any post tender price

revision. Non compliance with his provision shall make the tender liable for rejection.

39.0 LITIGATION HISTORY

The applicant should provide accurate information on litigation and/or arbitration resulting

from Contractors completed or under execution by him over last five yea` If the details of

Litigation History are hidden by the Bidder and later on it comes to the knowledge of the

Employer, the Bidder shall be disqualified for the proposed work and other appropriate

actions shall be taken against the bidder.

The Tenderer shall quote the rate per unit for all items listed in Schedule B in figures as well

as in words. Thereafter the system will work out the total amount of each item in Column

as in words. Thereafter the system will work out the total amount of each item in Column

No. 7 of Schedule B and sum-up the total at the end of column No.7 on each page and on

last page of Schedule B. After striking the total of all items, he may give rebate if he desires

on the total amount so worked out and thereafter express in the figures, as the net amount

on the total amount so worked out and thereafter express in the figures, as the net amount

of his offer which will termed as “Tendered Amount”.

Tenderers are normally not permitted to suggest any alteration in the works specified in the

tender form or in the time allowed for carrying out the work or any other conditions of any

sort. However, if it is felt necessary by the tenderer to have any conditions, he shall have to

clearly mention the same in very clear terms in the appropriate section of technical bid. The

tender will have to fill in necessary details online in ‘technical bid’ and ‘price-bid’ separately.

No such tender shall include more than one work but contracts who wish to tender for two

or more works shall submit a separate tender for each work online.

If price-bid contains any conditions, the same shall be rejected outright.

Seal and Signature of the Bidder Add City Engineer

Date: Ahmedabad Municipal Corporation

Ahmedabad Municipal Corporation

GENERAL CONDITIONS OF CONTRACT

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

meaning hereby assigned to them, except where the context otherwise requires.

Terms which are defined in the Contract Data are not also defined in the Conditions of

Contract but keep their defined meanings. Capital initials are used to identify defined terms.

“Commencement Date” means the date on which the Contractor receives from the Engineer

the notice to proceed with works.

“Time for completion” means the time for completing the execution of the works and

passing the tests on completion of the works calculated from the commencement date.

“Contract” means the contract agreement between the Employer and the Contractor to

execute, complete and maintain the work as described in details in various documents listed

in clause 4 of “ The Contract Agreement “.

“Specifications” means the specification of the works included in Contract and/or

modifications/alterations made thereto by Contractor and approved by the Engineer.

“Drawings” means all drawings, calculations, and technical information of a like nature

provided by the Engineer to the Contractor.

“Contract Data” means the documents and other information which comprise the Contract.

“Contractor” means a person / corporate body / registered company / consortium of

companies who's Bid to carry out the Works has been accepted by the Employer and the

legal successors in title to such person / corporate body / registered company / consortium

“Sub contractor” means any person/corporate body/ registered company/ a consortium of

companies to whom a part of the works have been subcontracted with the consent of the

“Contractor's Bid’ means the priced offer to the Employer for the execution of the works

and remedying defects therein in accordance with various terms and conditions set out in

the Contract as accepted by “ Letter of Acceptance.”.

Contract Price means the price stated in the Letter of Acceptance and thereafter as adjusted

in accordance with the provisions of the Contract.

“Retention money” means the aggregate of all monies retained by Employer pursuant to

clause 18 of these Special conditions of contract.

“Interim Payment Certificate” means any payment certificate issued by the Engineer other

than the final payment certificate.

“Final Payment Certificate” means the certificate of payment issued by the Engineer

pursuant to clause 40 of these Conditions of Contract.

Ahmedabad Municipal Corporation

A day means calendar days; months mean calendar months.

“Defect” means any part of the works not completed in accordance with the Contract.

“Employer” means The Ahmedabad Municipal Corporation and is the party who will employ

the Contractor to carry out the Works.

“Engineer” means the person / organization appointed by the Employer as named in the

Contract Data or as informed to the contractor in writing for the purposes of the contract..

The Contractor is obliged to accept the Engineer appointed by the Employer.

“Engineer’s Representative” means the person appointed by the Engineer for carrying out

such duties and exercising such authority as delegated to him from time to time by the

Engineer with written intimation to the Employer and the Contractor.

“Equipment” means the Contractor's machinery and vehicles brought temporarily to the

Site to construct the Works.

“Completion Date” means the date arrived at by counting the Contract period (inclusive of

any time extensions granted by the Engineer from time to time) after the commencement

“Plant” means any integral part of the Works, which is to have a mechanical, electrical,

electronic or chemical or biological function.

“Site” means the places provided by the Employer where the works are to be executed and

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

“Specification” means the Specification of the Works included in the Contract and any

modification or addition made or approved by the Engineer.

“Works” means permanent works and/or temporary works.

"Similar Works" means potholes patching repair work by cold mix mechanized patching work

with Jet patcher machine only.“

“Permanent works” means the permanent works to be executed in accordance with the

“Temporary Works” are works of every kind in or about the permanent works designed,

constructed, installed, and removed by the Contractor, which are needed for construction or

installation of the Works.

“Cost” means all expenditure on or off site properly accounted and incurred or to be

incurred including all overheads.

“Writing” means all handwritten or typewritten or printed communication including cable,

facsimile, or e mail communication.

Wherever in the contract provision is made for the giving of notice, consent, approval,

certificate or determination by any person such notice consent, approval, certificate or

determination by any person shall be given in writing unless otherwise specified in the

contract. Any such consent, approval, certificate, or determination shall not be unreasonably

delayed or withheld.

Ahmedabad Municipal Corporation

In interpreting these Conditions of Contract, singular also means plural, male also means

female or neuter, and the other way around. Headings and marginal notes have no

significance. Words have their normal meaning under the language of the Contract unless

specifically defined. All the notices, consents, approvals, certificates, decisions,

determinations to be given under this contract by all the concerned parties (Employer,

Engineer, and Contractor) shall be given in writing only.

If sectional completion is specified in the Contract Data, The completion date for each

section of work is arrived at by counting the period of completion assigned for that section

of work from the date of commencement assigned to that section of the work.

The several documents forming the Contract are to be taken as mutually explanatory to one

another, but in case of ambiguities and/or discrepancies the same shall be explained and

adjusted by the Engineer who shall thereupon issue to the contractor instructions thereon

and in such event unless otherwise provided in the contract, the priority of the documents

forming the Contract shall be as follows:

(1) The notice inviting bids (2)

The Contract Agreement (3)

The instructions to Bidders

(4) The Letter of Acceptance and notice to proceed with the works

(5) The accepted Contractor’s Bid

(6) The Contract Data

(7) The General Conditions of Contract and special conditions of contract

(8) The Technical Specifications

(9) The Drawings

(10) Any other document listed in the Contract Data as forming part of the Contract.

Language and Law

The language of the Contract shall be English and the law governing the Contract shall be the

Law as prevailing in India.

If the Contractor’s authorized representative is not in the opinion of the Engineer, fluent in

English, the Contractor shall have available on site at all times a competent interpreter to

ensure the proper transmission of instructions and information.

EMPLOYER’S REPRESENTATIVE OR HIS NOMINEE’S DECISIONS

The persons, duly named in the Contract Data as Employer’s Representative, will decide

contractual matters between the Employer and the Contractor in the role representing the

Except where otherwise specifically stated, the Engineer-in-Charge as mentioned in the

Contract Data shall be the Employer’s Representative who shall be responsible for

supervising the work being performed by the Contractor and administering the Contract.

The Employer’s Representative/Engineer-in-Charge may delegate any of the duties and

responsibilities to other people (Employer’s Representative’s nominee / Engineer-in-

Charges’ nominee) after notifying the Contractor and may cancel any such delegation after

notifying the Contractor.

A notice shall be effective only when it is delivered (in terms of the Indian Contract Act).

All communications from Engineer’s Representative shall have the same effect as though

given by the Engineer. The Engineer shall however retain the authority to disapprove any

work, materials, or Plant in the event of the Engineer’s Representative failing to do so or

revoke the decisions/instructions issued by the Engineer’s Representative.

Signature of Bidder Page

Ahmedabad Municipal Corporation

All certificates, notices, or instructions to be given to the Contractor by the Employer or the

Engineer under the terms of Contract shall be sent by post, cable, fax, and e-mail to or

placed at the Contractor’s principal place of business or such other address as the Contractor

shall nominate for that purpose.

Any notice to be given to Employer or to the Engineer under the terms of the Contract shall

be sent by post, cable, fax, or e mail to or left at the respective addresses nominated for that

purpose given in contract data.

Change of address shall be informed to respective parties well in advance.

Except where expressly specified in the Contract, the Contractor shall not subcontract any

portion of Work without the approval of the Employer’s Representative. Any subcontracting

shall not relieve the Contractor from any contractual obligations or responsibility under the

The Contractor shall not be required to obtain consent for a subcontract for which the name

of the subcontractor and scope of works activities to be performed by him is already stated

in the contract or supply of material or engagement of labour.

The Contractor shall employ the key personnel named in the Schedule of Key Personnel as

referred to in the Bid document to carry out the functions stated in the Schedule or other

personnel approved by the Engineer. The Engineer will approve any proposed replacement

of key personnel only if their qualifications, abilities, and relevant experience are

substantially equal to or better than those of the personnel listed in the Schedule.

If the Engineer asks the Contractor to remove a person, without assigning reasons thereof,

for his misconduct or inadequacy of technical skills and experience, who is a member of the

Contractor’s staff or his work force, the Contractor shall ensure that the person leaves the

Site within seven days and has no further connection with the work in the Contract.

No residential accommodation is allowed at the site of work. The labour huts shall not be

erected on the site of work and contractor shall make his own arrangements to provide such

accommodations as per the rules of the local bodies. He shall make his own arrangements

for housing, stores, field office etc. He shall submit a site layout plan indicating the location

of various site facilities to be created by him at his cost for the execution of work. The Owner

shall in no way be responsible for any delay on this account and no claim on this account

whatsoever shall be entertained. All Basic amenities shall be provided by the Contractor to

Labours as per the prevailing labour Laws.

Project Manager shall be of a graduate civil engineer having a minimum five years of

experience in similar nature work. The Project Manager shall always be available at the site

during the actual execution of the work. This is in addition to the number of graduate

engineers (of civil and other disciplines as required) who shall be appointed by contractor to

execute all items of work.

8.0 Employer’s and Contractor's Risks

The Employer carries the risks which this Contract states are Employer’s risks, and the

Contractor carries the risks which this Contract states are Contractor’s risks.

9.0 Employer's Risks

The Employer is responsible for the excepted risks which are in so far as they directly affect

the execution of the Works, the risks of war, hostilities, invasion, act of foreign enemies,

rebellion, revolution, insurrection or military or usurped power, civil war, or riot,

commotion, disorder (unless restricted to the Contractor’s employees), natural disaster and

contamination from any nuclear fuel or nuclear waste or radioactive toxic explosive.

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Ahmedabad Municipal Corporation

Contractor will execute rectification of damaged portions of work due to such risks and

Employer shall suitably compensate for works in accordance with the terms and conditions

of the contract.

Contractor’s Risks

All risks of loss or damage to physical property and of personal injury, death which arise

during and in consequence of the performance of the Contract, are the responsibility of the

Contractor. Contractor shall rectify damages to works, loss of materials, property, plant and

machinery, life etc. at his own costs.

The contractor shall assume all liability, financial or otherwise in connection with his

contract and shall protect and indemnify the Employer from any and all damages and claims

that may arise on any account. The Contractor shall indemnify the owner against all claims in

respect of patent rights, royalties, damages to adjacent buildings, roads or members of

public in course of execution of work or any other reason whatsoever and shall himself

defend all actions arising from such claims and shall keep the Owner saved harmless and

indemnified in all respect from such actions, costs and expenses. The contractor shall be

liable for any loss or damage to the Works occasioned by him in the course of operations

carried out by him. All such damage (except that arising out of excepted risks defined in

clause 11.1 above) to works will be rectified by contractor at his own cost.

Care of Works, Insurance & Indemnity

From commencement to completion of the work as a whole, the Contractor shall take full

responsibility for the care thereof and for taking precautions to prevent loss or damage

except the loss/damage occasioned by Employer’s Risks Clause 9 or Force Majeure Risks

Clause 63, which are not insurable as per hereof. He shall be liable for any damage or loss

that may happen to the works or any part thereof except the loss/damage occasioned by

Employer’s Risks or Force Majeure Risks. Any such loss or damage shall be restored in good

order and condition and in conformity in every respect with the requirements of the

Contract and instructions of the Engineer-in-Charge at Contractor’s cost. The re-doing or

repair of Permanent Works occasioned by Employer’s Risks or Force Majeure Risks which are

not insurable shall be paid by the Employer as per variation order provided such a loss or

damage could not have been foreseen or avoided by a prudent person.

Neither party to the Contract shall be liable to the other in respect of any loss or damage

which may occur or arise out of "Force Majeure" to the Works or any part thereof or to any

material or Plant at Site but not incorporated in the Works or to any person or anything or

material whatsoever of either party and the either party shall bear losses and damages in

respect of their manpower and materials. As such liability of either parties shall include

claims/compensation of the third party also.

Provided, however, in an eventuality as mentioned in sub-clause 11.1 & 11.2 above, the

following provisions shall also have effect:

(a) The Contractor shall, as may be directed in writing by the Engineer-in-Charge

proceed with the erection and completion of the works under and in accordance

with the Contract; and

(b) The Contractor shall, as may be directed in writing by the Engineer-in-Charge, re-

execute the works lost or damaged, remove from the Site any debris and so much of

the works as shall have been damaged. The cost of such re- execution of the works

shall be ascertained in the same manner as for deviations and this shall be paid

separately to the Contractor.

Provided always that the Contractor shall, at his own cost, repair and make good so much of

the loss or damage as has been by any failure on his part to perform his obligations under

the Contract or not taking precautions to prevent loss or damage or minimize the amount of

such loss or damage.

Signature of Bidder Page

Ahmedabad Municipal Corporation

The Contractor shall indemnify and keep indemnified the Employer against all losses and

claims for death, injuries or damage to any person or any property whatsoever which may

arise out of or in consequence of the construction and maintenance of works during the

Time for Completion and also against all claims, demands, proceedings, damages, costs,

charges and expenses whatsoever in respect of or in relation thereto, and such liabilities

shall include claims/compensations of the third party. Provided the same is attributable to

the contractor.

The Employer shall not be liable for in respect of any damages or compensation payable to

any workman or other person in the employment of the Contractor or any subcontractor,

other than death or injury resulting from any act or default of the Employer, his agents or

servants. The Contractor shall indemnify and keep indemnified the Employer against all such

damages and compensation, other than those for which the Employer is liable as aforesaid,

and against all claims, proceedings, damages costs, charges and expenses whatsoever in

respect thereof or in relation thereto.

Site Investigation Reports

The bidder is advised to inspect and examine the site and its surroundings and satisfy

himself with the nature and extent of site and work, the hydrological and climatic conditions

the means of access to the site, the constraints of space for stacking material/machinery,

labour etc. he requires, if any, weather conditions at site, general ground/subsoil conditions,

underground utilities, density of traffic etc. or any other circumstances which may affect or

influence their bid. No claim, whatsoever, shall be entertained from the bidder, on the plea

that the information supplied by the Owner Is insufficient or is at variance to the actual site

The contractor shall carry out soil investigations on demand of Engineer as part of this work

and detailed report shall be made available to consultant to prepare detail design of

foundations. Payment shall be made to him for this purpose as per item of financial bid. The

information and site data shown in the drawings and mentioned in the tender documents

have been furnished, in good faith, for general information and guidance only. The

Employer/Engineer in no case shall be held responsible for the accuracy thereof and/or

deductions, interpretations, or conclusions drawn there from by the contractor and all

consequences shall be borne by the contractor and no claim, whatsoever, shall be

entertained from the contractor. It is presumed that the contractor has satisfied himself for

all possible contingencies, situations, bottlenecks, and acts of coordination which may be

required between different agencies.

Queries about the Contract Data and Contract agreement

The Employer / Engineer in Charge will clarify queries on the Contract Data. These

clarifications shall form a part of the Contract and shall be binding on both the Employer and

the Contractor.

The Contractor shall enter into and execute the contract agreement to be prepared at the

cost of the Employer in the form given in the instructions to bidde`

Contractor to Construct the Works

The Contractor shall with due care and diligence design (to the extent as provided for in the

contract), execute and complete the works and remedy the defects if any in accordance with

the provisions of the contract, detailed design and drawing for permanent works shall be

made available by AMC.

Contractor shall provide all superintendence, labour, materials, plant, contractor’s

equipments, and all other things as may be required to design, execute, complete, and

maintain during defects liability period the works. (Refer clause 14.1 above).

Any defect, error, omission, fault shall be immediately brought to the notice of the Engineer

in Charge before or during the execution of the works.

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Ahmedabad Municipal Corporation

The Contractor shall take full responsibility for the adequacy, stability, safety of all site

operations and methods of construction. Contractor shall not be responsible for the design

and specifications of the Permanent Works not designed by him.

The Contractor shall be responsible for:

The accurate setting out of the Works in relation to original lines, levels, and points of

reference given and getting the same approved from the Engineer in Charge.

The correctness of all positions, levels, dimensions and alignment of all parts of the

The provision of all necessary instruments, appliances, and labour in connection with

the foregoing responsibilities.

Contractor shall rectify all errors during execution of works at his cost except for the

errors that occur due to supply of incorrect drawings or instructions by the Engineer.

The checking and approval by the Engineer of any alignments, levels and setting out shall not

relieve the Contractor of his responsibility for accuracy thereof.

The Contractor shall provide and maintain a site office with toilet facility for the Engineer

and his staffs for the complete duration of the contract at no cost to the Employer.

The Works to Be Completed by the Intended Completion Date

The Contractor may commence execution of the Works on the commencement date and

shall carry out the Works in accordance with the programme submitted by the Contractor, as

updated with the approval of the Engineer in Charge, and complete them by the Completion

The Employer shall in no way be responsible for either any delay in getting electric and/or

water connections for carrying out the work and no claim whatsoever on this account shall

be entertained from the contractor. Also contingency arrangement of standby water &

electric supply shall be made by the contractor for smooth progress of the work on account

of power failure or disconnection for any reason whatsoever it may be. No claim of any kind

whatsoever shall be entertained on this account from the contractor. Nothing extra shall be

payable on this account.

The Contractor shall provide necessary superintendence matching with working hou`

Contractor cannot claim for any extra payment in case there is no work front available due

The Contractor shall afford every facility for and every assistance in obtaining the right to

access for the Engineer in Charge or any of his representative at all reasonable times to the

site or plant and to all workshops, places where materials or plant are being manufactured,

fabricated or prepared. If materials, plant or parts of works are manufactured, fabricated or

prepared in places not belonging to the contractor, the contractor shall organise necessary

permissions from the owners of such facilities for the Engineer to inspect such where

materials or plant.

Suspension of work

The Contractor shall, on the instructions of the Engineer, suspend the progress of the works

or part thereof for such time and in such manner as the Engineer may consider necessary

and shall, during such suspension, properly protect and secure the works or any part thereof

so far as is necessary in the opinion of the Engineer in Charge. Unless such a suspension is:

i. otherwise provided in the contract,

ii. necessary by reason of some default or breach of contract by the Contractor or for

which he is responsible,

iii. necessary by reason of climatic conditions on site or

iv. necessary for the proper execution of the work or for safety of the works or any part

Following sub clause shall apply.

Effect of suspension.

Signature of Bidder Page

Ahmedabad Municipal Corporation

With reference to clause 15.5 the Engineer shall after due consultations with the Employer

and the Contractor determine

a. The time effect of such suspension on the contract period and

b. The cost effect of such suspension on the Contract Price.

and shall notify the Contractor with a copy to the Employer.

The Contractor shall have full regard throughout execution, completion and defects liability

period to following safety aspects and shall take all necessary steps to ensure that danger to

safety is avoided all the time in respect of,

a. Safety of the works

b. Safety of the Contractor’s employees and all the persons directly or indirectly engaged

by him for the works

c. Safety of all the employees including persons working on other contracts of Employer at

the same site of the Employer and Engineers employees engaged at work site.

d. Any authorised third party persons on the site.

e. Contractor’s plant and equipment

The Contractor shall provide and maintain at his costs all lights, guards, fencing, warning

signs, barricading, and cones; when and where necessary, or required by Engineer in Charge

or by any duly constituted authority for the protection of the works or for the safety and

convenience of the public or other.

The Contractor shall take all reasonable steps to protect the environment on and off the site

and avoid damage or nuisance to persons or property of the public and others arising as a

consequence of his method of operation.

The Contractor shall maintain in good condition all work throughout execution, completion,

and defects liability period. The contractor shall be responsible for and to make good all

injuries, damages and repairs, rendered necessary by fire, rain, traffic, floods or other

All the scaffolding work, wherever required for the execution of work, shall be provided by

the contractor. Nothing extra shall be payable on this account. It shall be provided strictly

with double scaffolding system with all the accessories etc. with adjustable suitable working

platforms to access the areas, with ease for working and inspection. It shall be designed to

take all incidental loads. It should cater to the safety features for workmen. It shall be

ensured that no damage is caused to any structure due to scaffolding.

All temporary warning/ caution boards display such as “Construction Work in progress”,

“Keep Away", “No parking”, “Speed limit”, Diversion”, etc. shall be provided and displayed

during day as well as night time by the contractor, wherever required and as directed by the

Engineer. A signboard with project description, Name of client Project, etc. should be

displayed at proper locations as directed by the Engineer at no extra cost.

Arrangement of temporary water and electricity and telephone connection required, by

him, shall be made by the Contractor at his own cost and also necessary permissions directly

from relevant Owners shall be obtained by him under intimation to the Owner. Also all initial

and running charges and security deposit, if any in this regard shall be borne by him. The

Contractor shall abide by all the rules/ bye laws applicable in this regard and he shall be

solely responsible for any penalty on account of violation of any of the rules and byelaws in

In any case if any fatal accident (major or minor) occurs due to poor safety precautions, the

same shall be completely contractor’s responsibility. All the losses due to such accidents and

expenses of legal matters shall be borne by contractor.

The Contractor shall be responsible for maintenance and watch and ward of the complete

installation and shall also be responsible for any pilferage, theft, damage, penalty etc. in this

regard. The Contractor shall indemnify the Owner against any claim arising out of pilferage /

theft, damage, penalty etc. whatsoever on this account. Security deposit for the work shall

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Ahmedabad Municipal Corporation

be released only after the clearance is obtained from the local authorities from whom

temporary electric/ water I telephone connection have been obtained by the contractor.

The Contractor shall depute Site Engineer & skilled workers as required for the work.

Necessary protective and safety equipments shall be provided to them by the Contractor at

his own cost and used at site.

Security & Traffic Arrangements

In event of any restriction being imposed by the Security Staff of Owner, Ahmedabad

Municipal Corporation, Government or any other local governing body having control over

the project, on the working or movement of labour, materials, the Contractor shall strictly

follow all such restrictions or instructions issued regarding the same and nothing extra shall

be payable to the Contractor on account of such restrictions or instructions. In case of loss of

time on this account if any, shall have to be made up by generating additional resources etc.

General security restrictions are given as under:

i. The movement of trucks and vehicles shall be regulated in accordance with rules and

regulations as approved by competent authorities.

ii. The Contractor shall inform in advance, if required, the truck registration numbers

ownership of the trucks, names, and addresses of the drivers for necessary action by

the security agency.

iii. As and when there will be security requirements, certain additional restrictions can

be imposed as per the requirement of the situation.

iv. No claim whatsoever will be entertained by the Owner on account of any restriction

that can be imposed as per the requirement of the situation.

No inflammable materials including P.O.L. shall be allowed to be stored in huge quantity at

site. However, reasonable quantity may be permitted for storage, subject to the compliance

of all rules & instructions issued by the relevant authorities and as per the direction of

Engineer -in- Charge in this regard.

Contractor shall be fully responsible for any person’s injury or death which arises during and

in consequence of the performance of the contract. Employer, Engineer, Engineer’s

representative shall not be responsible for the same.

18.0 Discoveries

Anything of geological or archaeological or other interest or articles of value or antiquity

discovered on the Site shall be the absolute property of the Employer. The Contractor is to

notify the Engineer of such discoveries and carry out the Engineer's instructions for dealing

with them without damages, thefts etc. In carrying out the Engineers instructions to dealing

with such articles if the Contractor incurs extra costs or suffers delays, the Engineer shall

determine after due consultation with the Employer and the Contractor amounts of such

costs and extension of time in accordance with the corresponding clauses of the contract.

Possession of the Site

The Contractor shall commence the work as soon as is reasonably possible on receipt of the

“Commencement of Work Notice” from the Engineer.

The Employer shall give possession of part / parts of the Site to the Contractor from time to

Access to site shall also be provided by the Employer to the Contractor in order and manner

as set out in the contract to enable the Contractor to commence and proceed with the

works in accordance with his construction programme and method of construction.

The site of work shall be always kept clean. The excavated material shall be disposed off as

directed by the Engineer, from the premises and all necessary permissions in this regard

from the local bodies shall be obtained by the contractor. The rubbish, construction debris

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Ahmedabad Municipal Corporation

etc. shall not be allowed to be collected at site or to be disposed into any public place. The

work shall be carried out in such a way that the area is kept clean and tidy without causing

any nuisance. Nothing extra shall be payable on this account.

20.0 Access to the Site

The Contractor shall allow the Engineer and any person authorized by the Engineer access to

the Site, to any place where work in connection with the Contract is being carried out or is

intended to be carried out and to any place where materials or plant are being

manufactured / fabricated / assembled for the works.

21.0 Instructions

The Contractor shall, unless it is legally or physically impossible, execute and complete the

works and remedy defects therein in strict accordance with the contract to the satisfaction

of the Engineer. The Contractor shall comply and adhere to the Engineer’s instructions on

any matter, whether mentioned in the contract or not, concerning the works. The

Contractor shall take instructions only from the Engineer (or his delegates).

22.0 Settlement of Disputes:

In case of all the disputes, decision of the Municipal Commissioner, Ahmedabad shall be final

and binding to the Bidder.

23.0 Avoidance to damage of roads.

The Contractor shall ensure that no damage to roads and bridges on the route to the sites

occurs due to him or his subcontractor’s traffic. He shall ensure minimum possible hindrance

to the traffic movements on public roads and bridges due to his materials, plant, temporary

works etc. No materials shall be stacked on public roads and thoroughfares. The

damaged/dug/excavated road shall be reinstating during construction within a period of

days on completion of activity to its original condition.

24.0 Transport of Contractor’s equipment

The Contractor shall specifically notify the Employer and the Engineer in case he plans to

transport materials, equipment, plant etc. which might induce such loads on roads and

bridges en route to site for which the roads and bridges are not designed. In every such case

the Contractor shall carry out all such strengthening works as may be necessary to ensure

the safety of the roads/ bridges. All such works should be approved by the Engineer in

writing. The Contractor, despite the strengthening measures and written approval by the

Engineer, shall be responsible for the safety of the roads and bridges as well as his own

plant, materials and equipments.

Opportunities and Facilities for other Contractors Opportunities:

The Contractor shall afford all reasonable opportunities to,

a. any other contractor and his workmen engaged by the Employer

b. the Workmen of the Employer

c. Workmen of any other agency permitted by the Employer to work in or around the site

d. Make available any roads or ways for the maintenance of which the Contractor is

e. Permit the use of any temporary works or Contractors Equipment on site. (to be charged

wherever applicable).

f. Provide any other services of whatsoever nature (to be chargeable wherever applicable.)

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Ahmedabad Municipal Corporation

26.0 Contractor to keep site clean:

During the execution of the work, the Contractor shall keep the site clean. All wreckage

rubbish, excess materials, temporary works no longer required will be removed from site

27.0 Clearance of site on completion:

The Contractor shall clear away and remove all Contractors equipment, surplus materials,

rubbish, temporary works of every kind, except those Contractors equipment, surplus

materials, rubbish, temporary works that may be required by him during the Defects Liability

period and leave the site clean and in a workmanlike condition to the satisfaction of the

Engineer on issue of the Taking Over Certificate.

B. TIME CONTROL

The Contractor should plan the work to be executed round the clock without violating labour

and environmental control norms specified by the governing bodies (National, State and

local) without disturbing and stopping normal traffic.

Within the time stated in the Contract Data the Contractor shall submit to the Engineer for

his consent a Programme showing the general methods of construction, arrangements,

order, and timing and sequence for all the activities including traffic diversion, resource

schedules including material, manpower and machinery and equipment scheduling monthly

cash flow forecast and any other details the Engineer may require.

If at any time it should appear to the Engineer that the actual progress of works does not

confirm to the programme to which consent has been given as per clause 28.2 above, the

Contractor shall produce, at the request of the Engineer, a revised programme showing

modifications to the programme consented to under clause 28.2 above necessary to ensure

completion of works within the Time for Completion.

If the Contractor fails to submit such a revised programme, the Engineer may withhold the

amount stated in the Contract Data from the next payment certificate and continue to

withhold this amount in all future payments until the date on which the revised Program is

The Engineer's consent to the Program shall not relieve the Contractor from his duties and

responsibilities under the contract.

The Engineer shall monitor the rate of progress of work. In case the Engineer finds that the

rate of progress of work is too slow to comply with the Time for completion, he shall notify

the Contractor who shall thereupon take necessary steps to expedite progress. No extra

payments on account of such actions shall be due to the Contractor.

Time for completion and Extension of the Intended Completion Date

The whole of the works, and if applicable any section of the works required to be completed

within a particular time as stated in the Contract data, shall be completed within the

stipulated time for the whole of the works or the Section (as the case may be) calculated

from the Commencement Date, or such extended time as may be allowed under following

The Engineer shall, after due consultation with the Employer and Contractor, determine the

amount of extension of time for completion to which the Contractor becomes fairly entitled

in the event of

i. Amount and nature of extra work

ii. Any cause of delay referred to in these conditions

iii. Exceptionally adverse climatic conditions

iv. Any delay, impediment or prevention by the Employer

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v. Other special circumstances which may occur, other than through a default or breach of

contract by the contractor

The Engineer shall notify the Contractor about all such extension of time with a copy to the

The Engineer shall however not be bound to make any determination unless the Contractor

a. has notified the Engineer within 28 days of occurrence of event

b. has furnished detailed particulars of the extension of time arising out of such an event

within 28 days of the issue of notice of occurrence of the event.

30.0 Delays Ordered by the Engineer

The Engineer may instruct the Contractor to delay the start or progress of any activity within

the Works. These delays shall be suitably compensated for time in accordance with the

provisions of the Contract and no compensation for cost shall be payable to the contractor

on this account.

Management Meetings

Either the Engineer or the Contractor may require the other to attend a management

meeting. The business of a management meeting shall be to review the plans for remaining

work and to deal with matters raised in accordance with the early warning procedure.

The Engineer shall record the business of management meetings and is to provide copies of

his record to those attending the meeting and to the Employer. The responsibility of the

parties for actions to be taken is to be decided by the Engineer either at the management

meeting or after the management meeting and stated in writing to all who attended the

The Contractor is to warn the Engineer at the earliest opportunity of specific likely future

events or circumstances that may adversely affect the quality of the work, increase the

Contract Price, or delay the execution of works. The Engineer may require the Contractor to

provide an estimate of the expected effect of the future event or circumstance on the

Contract Price and Completion Date. The estimate is to be provided by the Contractor as

soon as reasonably possible.

The Contractor shall cooperate with the Engineer in making and considering proposals for

how the effect of such an event or circumstance can be avoided or reduced by anyone

involved in the work and in carrying out any resulting instruction of the Engineer.

C. QUALITY CONTROL

Identifying Defects

The Employer’s Representative or his nominee, either themselves or through Employer’s

authorized Quality surveillance personnel, shall check the quality of Contractor’s Works

including design, procurement, manufacture, fabrication, construction, erection, testing and

commissioning activities, commensurate with Employer’s QA (Quality Assurance) program

stated in the Contract and notify the Contractor of any Defects that are found. Such checking

whether carried out at Site or at any other place of work shall not affect the Contractor’s

responsibilities.

The Employer’s Representative or his nominee or Employer’s authorized quality surveillance

engineer may instruct the Contractor to search for a Defect at any stage of an activity and to

uncover and test any work that the Employer’s Representative or his nominee considers may

The Contractor shall establish the Quality Control/Quality Assurance Systems and facilities

and shall at all time provide to the Employer reports about such checks and inspections.

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a. If the Engineer instructs the contractor to carry out a test not specified in the

specification to check whether any work has any defect or not, contractor shall perform

the same and submit the results to the Engineer at his own cost.

b. The contractor has to carry out the testes of all items as per the criteria mentioned in

the specifications.

Correction of Defects during Defects liability period

a. The Engineer shall give notice to the contractor of any defects before the end of the

defects Liability Period, which begins at completion and is defined in the contract data.

b. Every time notice of a defect is given, the contractor shall correct the notified defect

within the period of time specified by the Engineer’s notice.

Uncorrected Defects during Defects liability period

If the Contractor does not rectify or correct a defect within the time specified in the

engineer’s notice, the engineer will assess the cost of having the defect corrected, and the

contractor will bear the costs of such defective work as well as all works carried out over

such defective work until the defect is removed to the satisfaction of the Engineer. The cost

of such defective work will be recovered from the bank guarantee submitted against

performance for defect liability period.

Only the defects liability certificate referred to in following clause shall be deemed to

constitute the approval of the works.

Defects Liability Certificate: The Defects liability certificate shall be given by the Engineer in

Charge to the Employer, with a copy to the Contractor, within 28 days of the expiry of the

Defects Liability Period. The Contract shall remain incomplete until issue of the Defects

Liability Certificate.

The defects Liability Certificate shall mention clearly that the Contractor has completed his

obligations to execute and complete the works and remedy defects therein to the

satisfaction of the Engineer.

Unfulfilled obligations: Despite issuance of the Defects Liability Certificate, the contract

between the Employer and the Contractor shall remain in force in respect of unperformed

obligations incurred under the provisions of the Contract prior to the issue of the Defects

Liability Certificate.

Manual for maintenance during defect liability period is attached as Annexure-X

D. COST CONTROL

Bill of Quantities

a. The schedule-B shall contain Memorandum showing items for the construction,

installation, testing, and commissioning work to be done by the Contractor.

b. The quantities stated in the schedule B are estimated quantities. The Contractor shall be

paid only quantities calculated after taking measurements of executed work. The rate

stated in the schedule B for each item of work shall apply. The works shall be measured

by the Contractor jointly with the authorised representative of the Engineer and all

particulars required by the representative of the Engineer shall be supplied by the

c. The work shall be measured net. No allowance for general or local custom, working

space etc. is to be made.

The Engineer in Charge shall have power to make any variation of form, quality or quantity

of the works or any part thereof that may, in his opinion, be necessary and for that purpose,

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or if for any other reason it shall, in his opinion, be appropriate, he shall have the authority

to instruct the Contractor to do and the Contractor shall do any of the following:

Increase or decrease the quantity of any work up to any extent included in the

Omit any such work,

Change the character or quality or kind of any such work,

Execute additional work of any kind necessary for the completion of the Works or

Change any specified sequence or timing of construction of any part of work.

No such variation shall in any way vitiate or invalidate the contract, but the effects, if any, of

all such variations shall be valued in accordance with the following sub clauses. Provided

that where the issue of an instruction to vary the Works is necessitated by some default or

breach of contract by contractor or for which he is responsible, any additional cost

attributable to such default shall be borne by the Contractor.

The Contractor shall not make any such variation without an instruction of the Engineer. No

instruction is required for quantities varying from those provided for the items in the

contract schedule B.

The basis for the valuation of variations for addition to the Contract Price shall be as follows

in the same order of priority.

a) Variations in the quantities of work in schedule of quantities shall not vitiate the

b) The contractor shall be bound to execute extra items of work as directed by the Engineer-

c) Contract unit rates for individual items shall apply to varied quantities where there is a

quantity variation.

d) The price variations on extra item will not be given.

e) In case of other non tender items following procedure shall apply.

If any extra item crops up during the progress of work the same shall be carried out by the

Contractor and he shall be paid at the rate fixed by Employer which shall be fixed as lowest

of the rates derived by rate analysis based on the following three methods. , the priority of

the documents forming the Contract shall be as follows:

(i) If the extra item is included in the S.O.R. of Road & Building Department, Year 2015-16,

the rate of extra item shall be that rate and premium (above or below) quoted by

(ii) Rate analysis based on prevailing Govt. of Gujarat’s SOR rates.

(iii) Rate analysis based on current market rates. This shall be based on

The material costs, the labour costs, the cost of use of all plant, machinery and

equipment, the cost of all temporary and incidental works, the overheads and the

Contractors profit.

The overheads shall be taken at 5 % of the sum of material costs, the labour costs,

the cost of use of all plant, machinery, and equipment, the cost of all temporary and

incidental works.

In case of the rate is to be derived from prevailing market rate, the Contractors profit shall

be taken at 10 % of the final rate derived.

In the event of disagreement, the Engineer in Charge shall fix such rates and prices as are, in

his opinion appropriate and shall notify the Contractor accordingly with a copy to the

The Engineer shall determine provisional rates and prices to enable on account payments to

be included in the Interim Payment Certificates, until rates and prices are agreed as final by

the Employer, the Contractor, and the Engineer.

The Contractor shall not be entitled to additional payment for costs, which could have been

avoided by giving early warning.

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Payment Certificates

The Contractor shall submit to the Engineer a monthly statement after the end of each

calendar month in hard copies and soft copy on CDs each signed by the Contractors

authorised Representative in such form as the Engineer may prescribe from time to time.

The Monthly Statement shall state

The amount to which the Contractor is entitled.

The value of the permanent works executed.

Other sums such as secured advance payments, day works payments, price escalation

payments, and mobilisation advance.

Any other sums to which the Contractor may consider himself entitled.

The Engineer shall check the Contractor's monthly statement within 14 days and certify for

payment vide an Interim Payment Certificate the amount to be paid to the Contractor after

taking into account any credit or debit for the month a) in respect of materials for the works

in the relevant amounts and b) under various conditions set forth in these Conditions of

Contract and stated in brief in the Contract Data.

The value of work executed shall be determined, based on measurements by the Engineer.

The value of work executed shall comprise the value of the quantities of the items in the Bill

of Quantities completed.

The value of work executed shall also include the valuation of Variations and Compensation

The Engineer / Employer may exclude any item certified in a previous certificate or reduce

the proportion of any item previously certified in any certificate in the light of later

The final bill shall be submitted by the contractor within one month of the actual date of

completion of the work; otherwise the Engineers certificate of the measurement and of the

total amount payable for work accordingly shall be final and payment made accordingly

total amount payable for work accordingly shall be final and payment made accordingly

within a period of sixty days as far as possible.

No payment shall be recommended by the Engineer through Interim Payment Certificate

until he is fully satisfied that

All premiums towards the various insurance policies taken by the Contractor in

accordance with these General Conditions of Contract are paid.

Contractor has obtained the labour licences and PF code numbers for site staffs and

Payments shall be adjusted for deductions for advance payments, retention, other

recoveries in terms of the contract and taxes at source, as applicable under the law. The

Employer shall pay the Contractor the amounts certified by the Engineer.

If an amount certified is increased in a later date certificate due to corrections in previous

certificates or as a result of an award from disputes review experts, Contractor shall be paid

such amount only. The Contractor shall not be paid any interest upon such delayed

Items of the work for which no rate or price has been entered in will not be paid for by the

Employer and shall be deemed covered by other rates and prices in the Contract.

All payments shall be made in Ahmedabad.

Taxes and duties

The rates are inclusive of all the prevailing taxes and duties of the Central, State and Local

Governing bodies prevailing on the date of award of the contract. The Contractor will have

to pay all such taxes and duties for the performance of this Contract. The Employer will

deduct from the Contractor’s monthly and other payments all taxes and duties, which he is

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bound to recover in accordance with the applicable law.

The Contractor shall keep himself fully informed of all acts and laws of the Central & State

and local Governing bodies, all orders, decrees of bodies, tribunals having any jurisdiction or

authority which in any manner affect those engaged or employed, and anything related to

carrying out the work. All the bye-laws lay down by AMC/AUDA and any other local bodies

while executing the work shall be adhered to. All taxes of local bodies shall be borne by the

contractor. The Contractor shall arrange to give all notices required by any authority and to

pay to such authority all the fees that may have to be paid for the material, plants,

equipments etc. The Contractor shall also adhere to all traffic restrictions notified by the

local authorities. He shall protect and indemnify the Owner and its officials & employees

against any claim or liability arising out of violations of any such laws, ordinances, orders,

decree, whether by himself or by his employees or his authorised representatives. Nothing

extra shall be payable on these accounts.

43.0 Labour Welfare Cess

As per circular No. GHR/2005/04/CWA/2004/841/M-3 dt. 3/1/05 and G.R. No. CWA/2004-

1831-M(3) dt. 9/12/05 issued by G.O.G. 1 % cess tax (non-refundable) shall be deducted

from every bills which shall be deposited to Govt. Labour Department for Labour welfare

44.0 Currencies

All payments shall be made in Indian Rupees.

45.0 Advance Payment

No Advance Payment shall be made.

46.0 Cost of Repairs

Loss or damage to the Works or Materials to be incorporated in the Works between the

Start Date and the end of the Defects Correction periods shall be remedied by the

Contractor at the Contractor's cost if the loss or damage arises from the Contractor's acts or

E. FINISHING THE CONTRACT

47.0 Completion

The Contractor shall request the Engineer to issue a Certificate of Completion of the Works

and the Engineer will do so upon deciding that the Work is completed.

When the whole work have been substantially completed and have satisfactorily passed all

tests on completion prescribed by the contract, the Contractor may give a notice to that

effect to the Engineer in charge, with a copy to the Employer, accompanied by a written

undertaking to finish with due expedition any outstanding work during the Defects Liability

Period. Such notice and undertaking shall be deemed as a request by the contractor to the

Engineer to issue a Taking over Certificate in respect of the works. The Engineer shall, within

21 days of the delivery of such a notice, either issue to the Contractor with a copy to the

Employer, a Taking over Certificate, stating the date on which, in his opinion, the work were

substantially completed in accordance with the Contract, or give instructions in writing to

the Contractor, specifying all the work which, in the Engineer’s opinion, is required to be

done by the Contractor before the issue of such certificate. The Engineer shall also notify the

Contractor of any defects in the works affecting substantial completion that may appear

after the instruction and before completion of the works specified therein. The Contractor

shall be entitled to receive such taking over certificate within 21 days of completion, to the

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satisfaction of the Engineer, of the Works so specified and remedying any defects so

o Taking over of sections or parts:

Similarly, in accordance with the procedure set out in the sub clause 48.1, the Contractor

may request and the Engineer shall issue a Taking over certificate in respect of:

1. Any section in respect of which a separate Time for Completion is provided in the

2. Any substantial part of the permanent works, which has been both completed to the

satisfaction of the Engineer and, otherwise than provided for in the contract, occupied

or used by the Employer, or

3. Any part of the permanent works, which the Employer has elected to occupy or use prior

4. The Contractor shall be deemed to have undertaken to complete with due expedition

any outstanding work in that part of Permanent Works during the Defects Liability

49.0 Surfaces requiring reinstatement:

Any ground or surface requiring reinstatement at the time of issue of Taking over Certificate

for the whole of the works shall be reinstated by the Contractor without any extra costs

even of the Engineer has issued a Taking over Certificate in respect of section or part work

wherein is included such ground or surface requiring reinstatement.

Defects Liability Period

“Defects Liability Period” as stated in the contract data means the period calculated from: The

date of completion of the work certified by the Engineer in accordance with Clause 47 and

its sub clauses of these conditions of contract.

Completion of outstanding work and remedying defects:

a. The contractor shall complete the outstanding work with due diligence. All

such work as listed by the Engineer at the time of issue of “Taking over Certificate “and also.

b. The contractor shall execute all such work of amendment, reconstruction and remedying

defects, shrinkages or other faults as the Engineer may, during the defects liability

period or within 14 days of its expiration, as a result of an inspection made by or on

behalf of the Engineer, prior to its expiration, instruct the contractor to execute.

Costs of all works referred to in clause 50.2 above shall be borne by the contractor.

During the Defect Liability period, it shall appear to the Engineer-in-charge or his

subordinates that any work has been executed with unsound, imperfect, or unskilful

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 inferior quality, 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 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 be.

Failing which 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, in the event of

any such failure as aforesaid the Engineer-in-charge may rectify or remove and re-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.

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 Municipal Commissioner may deem

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The Employer shall be entitled to terminate the contract if the contractor:

(a) Fails to carry out any obligation under the contract.

(b) Without reasonable excuse fails –

1. To commence the works on site within the period stated in the Appendix to Bid after

receipt by him of a Notice to this effect from the Engineer/Employer after signing

the agreement or

2. To proceed with the works, or any section thereof, within 28 days after received

3. Has failed to comply with a notice issued or an instruction issued within 28 days

after having received.

4. Abandons the works or otherwise plainly demonstrates the intention not to

continue performance of his obligation under the contract.

5. Sub-contracts the works or assigns the contract without the specific prior written

permission of the engineer.

6. Has failed to furnish the required securities or extension thereof in terms of the

7. Becomes bankrupt or insolvent, goes into liquidation, has a receiving or

administration order made against him, compounds with his creditors, or carries on

business under receive, trustee or manager for the benefit of his creditors, or if any

act is done or event occurs which (under applicable Laws) has a similar effect to any

of these acts of event.

In any of these events or circumstances, the Employer may, upon giving 14 days notice to

the contractor, terminate the contract and expel the contractor from the site. However, in

the case of sub-paragraphs (h), the Employer may be notice terminate the contract

The Employer’s decision to terminate the contract shall not prejudice any other rights of the

Employer, under the contract or otherwise.

After termination, the Employer may complete the works and/or arrange for any other

entities to do so. The Employer and these entities may then use any goods, contractor’s

documents and other design documents made by or on behalf of the contractor.

The Employer or the Contractor may terminate the Contract if the other party causes a

fundamental breach of the Contract.

Fundamental breaches of Contract include, but shall not be limited to the following:

(a) the Contractor stops work for 14 days when no stoppage of work is shown on the

current Program and the stoppage has not been authorized by the Engineer;

(b) the Employer or the Contractor is made bankrupt or goes into liquidation other than for

a reconstruction or amalgamation;

(c) The contractor fails to fulfil requirements stated in clause 9.0;

(d) the Engineer gives Notice that failure to correct a particular Defect is a fundamental

breach of Contract and the Contractor fails to correct it within a reasonable period of

time determined by the Engineer;

(e) the Contractor does not maintain a security which is required;

(f) the Contractor has delayed the completion of works by the number of days for which

the maximum amount of liquidated damages becomes payable as defined in the

(g) if the Contractor, in the judgement of the Employer has engaged in corrupt or

fraudulent practices in competing for or in the executing the Contract.

(h) For the purpose of this paragraph: “corrupt practice” means the offering, giving,

receiving or soliciting of anything of value to influence the action of a public official in

the procurement process or in contract execution. “Fraudulent practice” means a

misrepresentation of facts in order to influence a procurement process or the execution

of a contract to the detriment of the Borrower, and includes collusive practice among

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Bidders (prior to or after bid submission) designed to establish bid prices at artificial non-

competitive levels and to deprive the Borrower of the benefits of free and open

When either party to the Contract gives notice of a breach of contract to the Engineer for a

cause other than those listed above, the Engineer shall decide whether the breach is

fundamental or not.

Notwithstanding the above, the Employer may terminate the Contract for convenience.

If the Contract is terminated the Contractor shall stop work immediately, make the Site safe

and secure and leave the Site as soon as reasonably possible and handover the site to the

Employer including all materials and plant and equipment existing there upon.

52 Payment upon Termination

If the Contract is terminated because of a fundamental breach of Contract by the Contractor,

the Engineer shall issue a certificate for the value of the work done less advance payments

received up to the date of the issue of the certificate, less other recoveries due in terms of

the contract, less taxes due to be deducted at source as per applicable law and less the

percentage to apply to the work not completed as indicated in the Contract Data. Additional

Liquidated Damages shall not apply. If the total amount due to the Employer exceeds any

Liquidated Damages shall not apply. If the total amount due to the Employer exceeds any

payment due to the Contractor the difference shall be a debt payable to the Employer.

52.1 If the Contract is terminated at the Employer's convenience or because of a fundamental

breach of Contract by the Employer, the Engineer shall issue a certificate for the value of the

work done, the cost of balance material brought by the Contractor and available at site the

reasonable cost of removal of Equipment, repatriation of the Contractor's personnel

employed solely on the Works, and the Contractor's costs of protecting and securing the

Works and less advance payments received up to the date of the certificate, less other

recoveries due in terms of the contract and less taxes due to be deducted at source as per

applicable law.

53 Default of Contractor:

If the Contractor enters into voluntary or involuntary bankruptcy, liquidation or dissolution

or becomes insolvent, or makes an arrangement with, or assignment in favour of, his

creditors, or agrees to execute the contract under a committee of inspection of his creditors,

or if a receiver, administrator, trustee or liquidator appointed over any substantial part of his

assets, or if, under any law or regulations relating to reorganisation, arrangement or

readjustment of debts, proceedings are commenced against the Contractor or resolution

passed in connection with dissolution or liquidation or if any steps are taken to enforce any

security interest over a substantial part of the Contractor’s assets, or if any act is done, or

event occurs with respect to the Contractor or his assets which, under any applicable law

has a substantially similar effect to any of the foregoing acts or events, or if the Contractor

has contravened the sub clause regarding assignment and subletting or has an execution

levied on his goods, or if the Engineer certifies to the Employer with a copy to the

Contractor, that, in his opinion, the Contractor:

a. has repudiated the Contract,

b. without reasonable excuse has failed

i. to commence the Works in accordance with sub clause 17.1 or

ii. to proceed with the Works, or any section thereof, within 28 days after receiving

notice pursuant to sub clause 29.3 and 29.4,

iii. to comply with a notice issued pursuant to sub clause 37 within 28 days after having

received it, or an instruction issued pursuant to sub clause 38 despite previous

warning from the Engineer, in writing, is otherwise persistently or flagrantly

neglecting to comply with any of his obligations under the contract or,

iv. has contravened sub clause regarding sub contracting, then the Employer may, after

giving 14 days notice to the Contractor, enter upon the site and the Works, and

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terminate the employment of the Contractor without thereby releasing the

Contractor from any of his obligations or liabilities under the Contract, or affecting

the rights and authorities conferred on the Employer or the Engineer by the

Contract,, and may complete the works, or employ any other contractor to complete

the Works. The Employer or such other contractor may use the Contractor’s

equipment, Temporary Works, or material as he or they may think proper.

Assignment of benefit of agreement: Unless prohibited by law, the Contractor shall, if so

instructed by the Engineer, within 14 days of such entry and termination referred to in

clause 59.1 above assign to the Employer the benefit of any agreement for the supply of any

goods or materials or services and/or for the execution of any work for the purposes of the

contract, which the Contractor may have entered into.

F. GENERAL DESCRIPTION OF SCOPE OF WORK

Scope of work, Planning and Site Condition

The scope of work and explanatory notes given are neither complete nor exhaustive but are

added to assist the Contractor to understand the project. The detail scope is as described in

the Bill of Quantity and specifications. However any item of work required to be carried out

for proper and satisfactory completion of work with the highest standard of workmanship is

deemed to be included in the scope of work whether or not it is specifically included in the

Standard bench marks of required numbers shall have to be established by contractor

before commencement of the work and connected to the nearest GTS bench mark according

to which, whole work shall be carried out. The Contractor shall establish reference

benchmark at intermediate suitable spots with reference to these benchmarks or as may be

directed. The maintenance of all these BM, till completion shall be the responsibility of the

The Contractor shall be solely responsible for the true and proper setting out of the

alignments and for the provision of all necessary instruments, at any time during the

execution of the work. In case of any error regarding location, levels, dimensions, or

alignment of any part of the work, the Contractor on being required to rectify such errors as

may be pointed out by the Engineer, shall at his own expense do so, to the satisfaction of

the Engineer. The checking of any setting out of any line or level by the Engineer or his

representative shall not, in any way, relieve the Contractor of his responsibilities for the

correctness thereof. The Contractor shall carefully protect and preserve all benchmarks, site

nails, pegs, reference pillars, and other measures used in setting out of the work.

56.0 Housing, Water Supply and Drainage etc.

Housing accommodation on hire is likely to be available in this area around the site. The

Contractor has to make his own arrangements for the housing of laboure` The land required

for setting up stacking of materials, site office, labour quarters, testing laboratory, etc. will

be arranged by contractor.

Water Supply for drinking purposes and construction purpose at the site shall also have to

be arranged by the Contractor at his own cost as may be required. The water can be

available by drilling bore hole.

All materials Plant and equipment and workmanship shall be:

a) of the respective kinds described in the contract and in accordance with the

Engineers instructions and

b) Subjected from time to time such tests as the Engineer may require at place of

manufacture, fabrication, or preparation, or on the Site OR at such other place or

places as may be specified in the contract or at all or any of such places.

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All Contractors materials, plant, machinery and equipment shall be deemed to have been

exclusively brought to site for the execution of the works and shall not be removed from site

without the consent of the Engineer.

Employer shall not be liable for damage to Contractors equipment at any time unless

otherwise expressly stated in the contract.

The coarse aggregates for concrete works shall be procured from Sevaliya quarries (black

trap chippings) or equivalent confirming as per Specification. The suitability of the same for

the required quality, quantity, transport facilities for the same etc. may be ascertained by

the bidder themselves before tendering and rates be quoted accordingly. Gravel shall not be

All samples shall be supplied and tested by the Contractor at his own cost.

The cost of all tests shall be borne by the Contractor except the tests that are required by

the Engineer are clearly beyond the Contractors obligations of proving the quality and

workmanship standards of all materials, equipment, plants and Works. The Engineer shall

determine the costs and time effects of such tests that are not a part of the Contractors

The Contractor will have to make his own arrangement for plants, equipments, and

machinery to be used in the execution of this work well in time after award of the contract

and as per work program given by him.

Contractor shall give Engineer a 24 hours notice for inspection of works or witnessing of test.

The Contractor shall proceed with the works or tests in case the Engineer does not attend.

Such tests and shall be deemed to have been carried out in the presence of the Engineer.

The Engineer may reject such material, plant, part of the works which are defective and/ or

otherwise not in accordance with the contract and notify the Contractor. The notice shall

state the Engineers objections and reasons. The Contractor shall then promptly rectify the

defect or ensure that rejected materials or plant are not used in the Works. In case the

Contractor wishes to retest such materials, plant or works declared defective by the

Engineer, he has to bear the time, and cost effects of such retests as mutually agreed with

the Employer in consultation with the Engineer.

The Contractor shall have to make his own arrangement to get the power supply from

concerned electric authority. The costs of electrical charges are to be borne by contractor.

Labour Employment

Contractor shall, unless otherwise provided in the Contract, make his own arrangements for

the engagement of all staff and labour, local or other, and their payment, housing, feeding

Contractor shall furnish the Engineer every week during the progress of the works, classified

weekly returns of the number of the people employed on the work during the week. The

report of skilled and unskilled labour shall be given in the prescribed form if asked by AMC.

The Contractor shall strictly observe all the requirements laid down in the contract labour

(Regulation and Abolition) Act, 1979 and the contract labour (Regulation and Abolition)

(Gujarat) Rules, 1972 and other acts as amended from time to time so far as applicable from

The Contractor shall pay all royalties for getting construction materials required for the

62.0 Urgent Remedial work:

If, by reason of any accident, or failure, or other event occurring to, in, or in connection with

the Works, or any part thereof, either during the execution of the Works, or during defects

liability period, any remedial or other work is, in the opinion of the Engineer, urgently

necessary for the safety of the Works and the Contractor is unable or unwilling at once to do

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such work, the Employer shall be entitled to employ and pay other persons to carry out

such work as the Engineer may consider necessary. If the work or repair so done by the

Employer is work which, in the opinion of the Engineer, the Contractor was liable to do at

his own cost under the Contract, then all costs consequent thereon or incidental thereto

shall, after due consultation with the Employer and the Contractor, be determined by the

Engineer and shall be recoverable by the Employer from the Contractor, and may be

deducted by the Employer from any monies due or to become due to the Contractor and

the Engineer shall notify the Contractor accordingly, with a copy to the Employer. Provided

that the Engineer shall, as soon after the occurrence of emergency as may be reasonably

practicable, notify the Contractor thereof.

63.0 Force Majeure

Neither party shall be to liable to the other for any loss of damage occasioned by or arising

out of acts of god, and in particulars, unprecedented Floods, volcanic eruption earth quake

or other convulsion of nature, and other acts such as but not restricted to general strike,

invasion, the act of foreign countries, hostilities or war like operations before or after

declaration of war, rebellion, military or usurped power which prevent performance of the

contract and which could not have been for seen or avoided by a prudent person.

64.0 Changes in Cost and Legislation

There shall be no addition or deduction from the Contract Price due to changes to any

National or State Statute, Ordinance, Decree, Law, Regulation, or byelaw.

65.0 Compliance with labour regulations:

During continuance of the contract, the Contractor and his sub contractors shall abide at all

times by all existing labour enactment and rules made there under, regulations, notifications

and bye laws of the State or Central Government or local authority and any other labour law

(including rules) regulations, bye laws that may be passed or notification that may be issued

under any labour law in future either by the State or Central Government or the local

authority. Salient features of some of the major labour laws that are applicable to

construction industry are given below. The Contractor shall keep the Employer indemnified

in case any action is taken against the Employer by the competent authority on account of

contravention of any of the provisions of any Act or rules made there under, regulations or

notifications including amendments. If the Employer is caused to pay or reimburse such

amounts as may be necessary to cause or observe, or for non-observance of the provisions

stipulated in the notifications/bye laws/Acts/Rules/regulations including amendments, if

any, on the part of the Contractor the Nodal Officer or his nominee/Employer shall have the

right to deduct any money due to the Contractor including his amount of performance

security. The Engineer or his nominee shall also have right to recover from the Contractor

any sum required or estimated to be required for making good the loss or damage suffered

by the Employer.

The employees of the Contractor and the Sub-Contractor in no case shall be treated as the

employees of the Employer at any point of time.

Salient features of some major laws

(a) Workmen Compensation Act 1923:- The Act provides for compensation in case of

injury by accident arising out of and during the course of employment.

b) Payment of Gratuity Act 1972: Gratuity is payable to an employee under the

Act on satisfaction of certain conditions on separation if an employee has completed

years service or more on death at the rate of 15 days wages for every completed year

of service. The Act is applicable to all establishments employing 10 or more

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c) Employees P.F and Miscellaneous Provision Act 1952: The Act Provides for monthly

contributions by the employer plus workers @ 12%/8.33%. The benefits payable under

(i) Pension to family pension on retirement or death, as the case may be.

(ii) Deposit linked insurance on the death in harness of the worker.

(iii) Payment of P.F accumulation on retirement/death etc.

d) Maternity Benefit Act 1951:- The Act provides for leave and some other benefits to

workmen/ employees in case of confinement or miscarriage etc.

e) Contract Labour (Regulation & Abolition) Act 1970:- The Act provides for certain

welfare measures to be provided by the Contractor to contract labour and in case the

Contractor fails to provide, the same are required to be provided, by the Principal

Employer by Law. The Principal Employer is required to- take Certificate of

Registration and the Contractor is required to take license from the designated Officer.

The Act is applicable to the establishments or Contractor of Principal Employer if they

employ 20 or more contract labor.

f) Minimum Wages Act 1948: The Employer is supposed to pay not less than

the Minimum Wages fixed by appropriate Government as per provisions of the Act if the

employment is a scheduled employment Construction of Buildings, Roads, Runways

are scheduled employment.

g) Payment of Wages Act 1936:- It lays down as to by what date the wages are

to be paid when it will be paid and what deductions can be made from the wages of the

h) Equal Remuneration Act 1979:- The Act provides for payment of equal wages for work

of equal nature to Male and Female workers and for not making discrimination against

Female employees in the matters of transfers, training and promotions etc.

i) Payment of Bonus Act 1965: The Act is applicable to all establishments employing

or more employees. The Act provides for payments of annual bonus subject to a

minimum of 8.33% of wages and maximum of 20% of wages to employees drawing `

3500/- per month or less. The bonus to be paid to employees getting ` 2500/- per

month or above up to ` 3500/- per month shall be worked out by taking wages as `

2500/- per month only. The Act does not apply to certain establishments. The newly set-

up establishments are exempted for five years in certain circumstances. Some of the

State Governments have reduced the employment size from 20 to 10 for the purpose of

applicability of this Act.

j) I ndustrial Disputes Act 1947:- The Act lays down the machinery and procedure for

resolution of Industrial disputes, in what situations a strike or lock out becomes illegal

and what are the requirements for laying off or retrenching the employees or closing

down the establishment.

k) Industrial Employment’s (Standing Orders) Act 1946:- It is applicable to all

establishments employing 100 or more workmen (employment size reduced by some

of the States and Central Government to 50). The act provides for laying down rules

governing the conditions of employment by the Employer on matters provided in the

Act and get same certified by the designated Authority.

l) Trade Unions Act 1926:- The Act lays down the procedure for registration of trade

union of workmen and employe` The Trade Union registered under the Act has been

given certain immunities from civil and criminal liabilities.

m) Child Labour (Prohibition & Regulation) Act 1986:- The Act prohibits employment of

children below 14 years of age in certain occupations and processes and provides for

regulation of employment of Children in all other occupations and processes.

Employment of Child Labour is prohibited in Building and Construction Industry.

n) I nter-State Migrant workmen’s (Regulation of Employment & Conditions of Service)

The Act is applicable to an establishment which employs 5 or more inter-state migrant

workmen through an intermediary (who has recruited workmen in one state for

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employment in the establishment situated in another state). The Inter-State migrant

workmen, in establishment to which this Act becomes applicable, are required to be

provided certain facilities such as housing, medical aid, travelling expenses from home

upon the establishment and back, etc.

o) The Building and Other Construction workers (Regulation of Employment and

Conditions of Service) Act 1996 and the Cess Act of 1996:- All the establishments who

carry on any building or other construction work and employ 10 or more workers are

covered under this Act. All such establishments are required to pay cess at the rate not

exceeding 2% of the cost of construction as may be modified by the Government. The

Employer of the establishment is required to provide safety measures at the Building

or Construction work and other welfare measures, such as Canteens, First-Aid

facilities, Ambulance, Housing accommodations for workers near the work place etc.

The Employer to whom the Act applies has to obtain a registration certificate from the

Registering Officer appointed by the Government.

p) Factories Act 1948:- The Act lays down the procedure for approval at plans before

setting up a factory, health and safety provisions, welfare provisions, working hours,

annual earned leave and rendering information regarding accidents or dangerous

occurrences to designated authorities. It is applicable to premises employing

persons or more with aid of power or 20 more persons without the aid of power

engaged in manufacturing process.

67.0 Contractor's own responsibility

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 per instructions given 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 Engineer in charge. The

contractor shall be required to construct before starting the works and maintain till the end

of the defect liability period, the temporary bench marks at regular interval preferably at the

interval of 100m. Longitudinally all along the stretch as per the design as approved by

Engineer in Charge. The Contractor shall not be paid extra for constructing and maintaining

the temporary bench marks.

Overpayment & Underpayment

Whenever any claim Fifths 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 notwithstanding the fact that the amount of the final bill may be

included by the Contractor.

If 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

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before payment is made to the contractor from him to the Municipal Corporation on any

other contract account whatsoever.

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.

70.0 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, flag,

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 consequence 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 masonry pilla` 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.

71.0 Materials obtain 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 A.M.C. and will be disposed of as per instruction of

Engineer-in-charge in the best interest of the A.M.C.

72.0 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 bidder for any item is usually high

or unusually low, it will be sufficient cause for rejection of tender unless the A.M.C. is

convinced about the reasonableness of the rates on scrutiny of the analysis for such rate to

the furnishing by the bidder or demand.

73.0 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

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Ahmedabad Municipal Corporation

from Engineer-in-charge or his authorized representative specifying the work, materials or

articles companied of, not withstanding that the same may have been inadvertently passed,

certified and paid for forth with 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 as directed by Engineer.

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-execute 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

Dispute to be referred to Arbitrator

The disputes relating to this contract, so far as they relate to any of the following matters,

whether such disputes arise during the progress of the work or after the completion or

abandonment thereof, shall be referred an independent Arbitrator appointed by AMC as far

possible in consultation with the agency if it is necessary and such disputes shall be settled in

accordance with the arbitration and conciliation Act.

(i) The rates of payment under clause 5 for any tools, materials and stores, in or upon

the works of the site thereof or belonging to the contractor or procured by him and

intended to be used for execution of the work or any part thereof possession of

which may have been taken by the Engineer-in-charge under the said clause –5.

(ii) The reduction in rates made by the Engineer-in-charge under clause 9 from the

items of works not accepted as completed fully in accordance with the sanctioned

specifications.

(iii) The rate of part of payment for any class of work which is included in the additional

or altered work carried out by the contractor in accordance with the instructions of

the Engineer-in-charge under clause 14 and the rates for which is to be determined

under the said clause

(iv) The rates of payment for materials already purchased or agreed to be purchased by

the contractor before receipt of notice given by the Engineer-in-charge under clause

15 and/or amount of compensation payable to the contractor under the said clause

for loss in respect of such materials.

(v) The amount of compensation which the contractor shall be liable to pay under

clause 17 in the event of this failure to rectify, remove or reconstruct the work

within the period specified in the written intimation or the amount of expenses

incurred by the Engineer-in-charge under the said clause17 in rectifying, removing or re-

executing the work or in removing and replacing the materials or articles complained

(vi) The reduction of rates as may be fixed by the Engineer-in-charge under clause 17 for

the inferior work or materials as accepted or made use of.

(vii) The amount of compensation payable by the contractor for damages as estimates

and assessed under clause

(viii) The amount payable to the contractor for the work carried out under clause 33 in

accordance with the instructions and the requirement of the Engineer-in-charge in

case where there are no specifications.

(ix) The awards declared by the arbitrator shall be speaking award giving reasons and

calculations to every item of claims. The decision will have to be implemented by all

(x) In case of dispute leading to the contractor or Ahmedabad Municipal Corporation

approaching on Court of Law. It shall be within the jurisdiction where the site of

work is situated.

The reference to arbitration proceeding under this clause shall not:

i) Entitle the contractor to stop the Affect the right of the Engineer-in-charge under clause

to take possession of all or any tools, plants, materials and stores in or upon the works of

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Ahmedabad Municipal Corporation

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.

ii) Preclude the Engineer-in-charge from utilizing the materials purchased by the contractor

in any work or from removing such materials to other places, during the period the work is

stopped or suspended in pursuance, of notice given to the contractor under clause

iii) Progress of the work or the carrying out the additional or altered work in accordance with

the provisions of clause 14 or as the case may be, of clause

Drawings and Photographs of the Works

The contractor shall do photography/ videography of the site as and when asked by AMC. No

separate payment will be made to the contractor for this. . The contractor shall have to

submit the same in hard copy as well as soft copy as and when demanded by the AMC.

No photograph of the works or any part thereof or plant employed thereon, except those

permitted under clause 59.1, shall be taken, or permitted to be taken by the Contractor or

by any of his employees or any employees of his sub-Contractors without the prior approval

of the Engineer in writing. No photographs/ videography shall be published or otherwise

circulated without the approval of the Engineer in writing.

Seal and Signature of the Bidder Add City Engineer

Date: Ahmedabad Municipal Corporation

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Ahmedabad Municipal Corporation

SECTION – IV TECHNICAL

DETAILS OF MANUFACTURERS/SUPPLIERS OF COLD MIXES

RECOMMENDED PROCEDURE:

Patchwork by Cold mix pothole patching by Jet Patcher technology with required machinary:-

Step – I:- Using the high volume blower, the patching machine easily blows all loose debris and even

water from pothole; cleaning it, and preparing the hole for an effective patch.

Step-II:- The pothole patching jet patcher machine now coats the potholes with an asphalt

emulsionwhich seals the potholes and prevents further damage from occurring, due to moisture.

Step-III:- The remote control switch on the conveyor is now activated by the operator to put

aggregate into the jet air stream. As a aggregate passes through the nozzle it is coated with fresh

emulsion and is spread by the operator into the hole or broken road edge. Because the Jet patcher

machine asphalt mix is spread at speed upto 100km/hr compaction from the bottom is achieved denser

than rolled asphalt.

Step-IV:- The wet top of the repaired area can now be protected from traffic flow using either dry

aggregates spread from the pothole patching jet patcher machine or for inner city work (where loose chip

is potential hazard) sand from the optional sand hopper can be built into the pothole patching jet

2. MATERIALS REQUIRED

The aggregate consists of crushed angular pieces of hard rock which range from 2 to 10 mm. A

mixture of sizes produces the best interlocking effect and therefore a much denser patch. The

aggregate should be reasonably dust free although sweeping form reseals are often usable.

Round river stones are not suitable. Damp aggregate is best, allowing the emulsion to adhere more

readily as it is propelled through the nozzle. Water injection supplied by the pressure tank via the

venturi feed system allows for moisture to be added to aggregates which are too dry.

The cold emulsions recommended are either anionic or cationic and have a 60 to 65% Emulsion

content. The emulsion needs to be medium to rapid setting. The industrial code would be CMS1,

CMS2. KMS1 or similar. The emulsion must be free of lumps or impurities which will block spray

The Cold emulsion should be cationic and have a 60 to 65% bitumen content. The emulsion to be

used should be rapid setting of code CRS-60. The emulsion must be free from lumps or impurities to

aroid the blockage of spray. The quantity of emulsion@5% by weight of total mix shall be taken in

mix and tack coat of 2.5kg/10 sqm.

N.B. Please refer to attached Information Sheet on Types of Emulsion

Volume / Weight Ratio

It takes and average of 1 cubic metre of aggregate mixed with 100 - 120 litres of emulsion to make

1.75 tonnes of asphalt material. This is with the use of average grade to dusty aggregate.

With clean aggregate, including provision for tack coating the area to repaired, an experienced

operator will use between 70 and 90 litres of emulsion per cubic metre of aggregate.

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Ahmedabad Municipal Corporation

Note: In case of the pot holes upto the depth of 40mm full thickness shall be of the New Technology

Product and in case of Pothole depth more than 40 mm, the minimum thickness of New Technology

Product shall be of 40 mm

Mode of Payment:-

The Payment to the Contractor will be on the per Sq. Mt. Basis . The Surface area of the Pothole / Bad

patch to be repaired will be measured . The rate quoted for the respective item depending on the

Depth of the Repaired Pothole / Bad patch will be applied

Seal and Signature of the Bidder Add City Engineer

Date: Ahmedabad Municipal Corporation

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SECTION - VI QUALIFICATION

1. The information to be filled in by the Bidder in these statements & supporting documents

submitted in physical form will be used for the purpose of pre qualification as provided in

Clause 4 of the Instructions to Bidder.

2. All statements given hereunder shall be submitted by bidders on their original letterpads

only with stamp of firm of bidder and sign of the bidder.

3. Photocopy of any statements shall not be considered as valid document.

4. Information / Details to be submitted by the Bidders in the Performa mentioned under

Statement no 1 to 6. All the documents submitted in the support of these statements shall

be duly attested and certified true copy.

STATEMENT NO. –

PLANT & EQUIPMENT PROPOSED TO BE DEPLOYES BY THE APPLICANT FOR USE ON THE ROAD

(Contractor has to submit these details only for the Machineries and Equipments that he intends to

provide for this work.)

Sr. Name of Equipment on hand

No equipment Total Requirement Equipment to be procured

. No. of Kind Capacit No. Year of Name No. Capacit Through

units for and y of Manu. of of y Purchase/

the make each & owne eac Lease

projects present r h

potholePatching

Contractor shall submit the list of above equipments along with proof of Ownership, like R.C.Book/

Purchase Invoice for above equipments. The ownership of 1 Pothole Patching Jet Patcher machine and

compactors shall be necessary. The proof of ownership of machine shall be submitted. Any conditional

evidence of deployment of above equipment or inadequate proof as required for any of the equipment

shall make the bid non-responsive and financial bid shall not be opened.

Seal and Signature of the Bidder Add City Engineer

Date: Ahmedabad Municipal Corporation

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STATEMENT NO. –2/A

WORK DONE AS PRIME CONTRACTOR DURING LAST SEVEN YEARS

Sr. Name of the Name of Value of Date of Stipulated Actual date Remarks explaining

No. project Employe the issue of date of of reasons for delay &

r contract work completion completion work Completed

Note: Attach certificate(s) from the Employer (to be given by an officer at the rank of Executive

Engineer or equivalent & also supply original or certified copy in physical form envelop)

Seal and Signature of the Bidder Add City Engineer

Date: Ahmedabad Municipal Corporation

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STATEMENT NO. – 2/B

EXISTING COMMITMENTS AND ON-GOING WORKS

(works for which bids have been submitted and accepted and works which are yet to be completed

as on the date 7 days before the last date for bid submission)

Description Name & Date Value of Stipulated Value of Escalation Escalated Anticipated

of works Address of Contract Period of works* factor value of date of

of work (Rs Cr) Completion remaining remaining completion

Employer order to be work

completed during

(Rs Cr) completion

Note: (1) Attach work order copy or certificate(s) from the Engineer(s)-in-Charge of the rank

of Executive Engineer or equivalent & also supply original or certified copy of

certificate in physical form envelop.

(2) Details showing in this statement shall be utilize to finalize the Bid capacity of the

Seal and Signature of the Bidder Add City Engineer

Date: Ahmedabad Municipal Corporation

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Ahmedabad Municipal Corporation

STATEMENT NO. – 2/C

DETAILS OF WORKS FOR WHICH BID SUBMITTED AND ACCEPTED (i.e. where contract sign is

Sr.No. Description Place Name & Date of Value Stipulated Value of work

of works & Address of issue of given period for During

State Employer Letter of In LOA completion completion

Acceptance period of work

(LOA) * for which bids

Note: Attach copy of LOA given by the concern department.

Seal and Signature of the Bidder Add City Engineer

Date: Ahmedabad Municipal Corporation

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Ahmedabad Municipal Corporation

STATEMENT NO. –3/A

DETAILS OF ANNUAL TURNOVER OF LAST CONSECUTIVE THREE YEARS

Annual Turnover in

Sr. No. Financial Year

Engineering Project (Rs.)

Average Annual Turn Over

1) Figures filled in the above table should to be taken from audited balance sheets and the

same should be attached herewith in duly certified attested true copy

2) Duly certified attested true copies of the balance sheets are to be attached..

Seal and Signature of the Bidder Add City Engineer

Date: Ahmedabad Municipal Corporation

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Ahmedabad Municipal Corporation

STATEMENT NO – 3/B

AVAILABLE BID CAPACITY

(Bidder shall calculate, mention his bid capacity and enclose the supporting calculation)

Value of similar works

executed in Rs. (Crores)

The available bid capacity will be worked out as follows:

Available Bid capacity = (A* N* 2 - B)

A = Maximum value of similar works executed in any one year during the last five years

(escalation factor as specified in this section shall be used to bring/calculate the

maximum value of works to the level of financial year 2018-19) taking into account the

completed as well as works in progress.

N = Number of years prescribed for completion of the works for which bid is invited.

B = Value of existing commitments and on-going works to be completed during the next N

years (period of completion of the works for which bid is invited)

Seal and Signature of the Bidder Add City Engineer

Date: Ahmedabad Municipal Corporation

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Ahmedabad Municipal Corporation

LIST OF KEY PERSONNEL TO BE DEPLOYED ON THIS CONTRACT WORK AS PER INSTRUCTION OF EIC.

S.No. Personnel Qualification

1 Site Engineer Dip. Civil 5 year Exp.

2 Traffic Safety Supervisor Dip./ ITI Civil 2 year

LIST OF KEY PERSONNEL CONTRACTOR HAVE

Sr. No. Details of person

3. Qualifications

4. Experience in Project Related field

5. Other experiences

6. Employment Record.

Sr. No. Period Organization under Status / position in

From - To which work the organization

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

(2) Minimum of 1 person of each category has to be provided

(3) Qualification of each personal along with full CV shall be submitted as a documentary proof

Seal and Signature of the Bidder Add City Engineer

Date: Ahmedabad Municipal Corporation

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Ahmedabad Municipal Corporation

STATEMENT NO.-5

DETAILS OF COMPLETED / ONGOING LITIGATION / ARBITRATION

Employer Value of the Reasons/Details for Remarks showing

Year Name of Project (`) litigation/arbitration Present Status

(1) The bidder shall furnish separate table for individual project.

(2) The above information shall be supported with necessary documents otherwise the same

shall be treat as null and void.

(3) A consistent history of arbitration awards? Judgments against the applicants or any

partner of a joint venture may result in disqualification for proposed work.

(4) If the details of litigation History is hidden by the applicant and later on it comes to

knowledge of the employer the bidder shall be disqualified for the proposed work and other

appropriate actions shall be taken against the bidder.

Seal and Signature of the Bidder Add City Engineer

Date: Ahmedabad Municipal Corporation

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Ahmedabad Municipal Corporation

METHOD STATEMENT AND WORK PLAN

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

approach and methodology to handle the project construction activities including his details work

plan. The brief shall include the following aspects.

Sr. No. Components

2. Construction equipment availability and plan of

3. PERT / Construction chart / Bar chart.

Seal and Signature of the Bidder Add City Engineer

Date: Ahmedabad Municipal Corporation

Signature of Bidder Page

Ahmedabad Municipal Corporation

To be notarized by Notary

1. I/We hereby declared that I/We am/are not partner(s) blacklisted or connected with firm

blacklisted in any states, CPWD / MES / Railways or any Government, Semi-Government or

2. The I / We also hereby certifies that our firm M/s has

neither abandon any work in India nor rescinded any contract awarded to us during last five

years prior to the date of this bid.

3. At present I/We am/are registered as approved contractor (s), firms in any state, CPWD /

MES / Railways.

4. We, the partners/owners of this firm, hereby give an undertaking that we are jointly and

severally responsible to meet all the liabilities ever and above the business of this firm and

make good the above financial loss sustained by the Ahmedabad Municipal Corporation as a

result of our abandoning the works entrusted to us.

5. I /We hereby certify that all the statements made in the required attachments are true and

6. The I / We undersigned hereby authorise(s) and request(s) any bank, person, firm or

corporation to furnish pertinent information deemed necessary and requested by the

Department to verify this statement or regarding my (our) competence and general

7. I /We hereby declare that I / We understand and agree that further qualifying information

may be requested, and I / We also agree to furnish any such information at the request of

the AMC within the prescribed time.

8. I / We further declare that my / our near relatives are not working in AMC as an Addl. C.E.,

Dy. C.E., A.C.E., A.E., and T.S. as on today.

(Signed by an Authorized Representative of the Firm)

Name of the Representative

Signature of Bidder Page

Ahmedabad Municipal Corporation

To be notarized by Notary

1. I / We hereby declare that I / we have visited the site and fully acquainted myself / ourselves

with the local situations regarding materials, labour and other factors pertaining to the work

before submitting this tender. I/We certify that I/We have inspected the location of the

proposed work before quoting my/our rates.

2. I/We have also inspected the quarries and borrow areas and satisfied myself/ourselves

regarding the quality, quantity, availability, and transport facilities for earth, stone, bricks,

and, cement etc. through the network of available roads and path ways required for the

3. I / We hereby declare that I / we have carefully studied all the terms and conditions of

contract, specifications mentioned in the tender documents and I / we do agree for

compliance with the same strictly.

4. I/We shall execute the contract agreement with the AMC after award of work and before

(Signed by an Authorized Representative of the Firm)

Name of the Representative

Signature of Bidder Page

Ahmedabad Municipal Corporation Section – I: Annexure - IV

APPLICABILITY OF PROVIDEND FUND AND MISCELLANEOUS PROVISIONS ACT

Successful bidder i.e. the agency whose tender is accepted by the AMC shall have to comply the necessary

formalities under the employees provided fund and Miscellaneous Provisions Act, 1952 as Contributory

Provident Fund Scheme is applicable to labourers engaged in construction activity and shall have to submit

proofs regarding deduction of provident fund and other dues and depositing the same with government

department under the act and the scheme regularly on monthly basis failing which no running / final bill

payment will be made by the AMC to the contractor in any circumstances.

A certificate to the above effect has to be given by the contractor as under.

Declaration of Depositing Provident Fund contribution

This to certify that we have deducted the employees’ P.F. and deposited the same along with

employer’s contribution towards provident fund on labour charges / wages paid by us to the labourers

engaged for the work of with

Provident Fund Authority under our Provident Fund Code No. _ _ _

We produce herewith the copies of the challans for the provident fund deduction and contribution

deposited as mentioned above.

(Signed by an Authorized Representative of the Firm)

Name of the Representative

To be notarized by Notary

Signature of Bidder Page

Ahmedabad Municipal Corporation Section – I: Annexure - IV

LETTER OF ACCEPTANCE

(Letterhead paper of the Employer)

[name and address of the Contractor]

This is to notify you that your Bid dated _ _ _ _ for execution of the

contract and identification number, as given in the Instructions to Bidders] for the Contract Price of Rupees

[amount in words and figures], as corrected and modified in accordance with the Instructions to Bidders is

hereby accepted by competent Authority.

We note that as per bid, you do not intend to subcontract any component of work.

[Delete whichever is not applicable]

You are hereby requested to furnish Security Deposit in terms of ITB Clause 34.0, in the form given in Annexure-

IV for amount of Rs. __ within 15 days of the receipt of this letter of acceptance,

valid up to 45 days after defect liability period of 18 months from the date of completion i.e. up to

_ _ _ and sign the contract.

Yours faithfully,

Authorised Signatory

Name and Title of Signatory

Signature of Bidder Page

Ahmedabad Municipal Corporation Section – I: Annexure -

This agreement, made the _ _ _ day of _ _ _ 2014, between

_ _ _ _ _ _ _ _ _ _ _ [name and address of Employer]

(hereinafter called “the Employer”) of the one part and

_ _ _ _ _ _ _ _ _ _ _ _[name and address of Contractor]

(hereinafter called “the Contractor” of the other part).

Whereas the Employer is desirous that the Contractor execute

identification number of Contract] (hereinafter called “the Works”) and the Employer has accepted the Bid

by the Contractor for the execution and completion of such Works and the remedying of any defects therein,

at a Contract Price of ` _.

NOW THIS AGREEMENT WITNESSETH as follows:

1. In this Agreement, words and expression shall have the same meanings as are respectively assigned

to them in the Conditions of Contract hereinafter referred to, and they shall be deemed to form and

be read and construed as part of this Agreement.

2. In consideration of the payments to be made by the Employer to the Contractor as hereinafter

mentioned, the Contractor hereby covenants with the Employer to execute and complete the Works

and remedy any defects therein in conformity in all aspects with the provisions of the Contract.

3. The Employer hereby covenants to pay the Contractor in consideration of the execution and

completion of the Works and the remedying the defects wherein the Contract Price or such other

sum as may become payable under the provisions of the Contract at the times and in the manner

prescribed by the Contract.

4. The following documents shall be deemed to form and be read and construed as part of this

Agreement, viz.:

i) Letter of Acceptance;

ii) Notice to proceed with the works;

iii) Contractor’s Bid after amendments, addenda and corrections as mutually agreed with the

iv) The notice inviting bids,

v) The information to bidders,

vi) Contract Data;

vii) General Conditions of contract and Special Conditions of Contract;

viii) Technical Specifications;

x) Any other document listed in the Contract Data as forming part of the contract;

In witness whereof the parties thereto have caused this Agreement to be executed the day and year first

before written.

The Common Seal of was hereunto