ANNUAL RATE CONTRACT OF CIVIL WORK FOR NORTH ZONE VMC. (Second Trial)

each time of work. Any modifications or additions in the item of works or

in any other part of the tender made by the Tenderer will not be

5. The VMSS shall have the right to reject all or any of the tenders without

assigning any reason for such rejection.

6. Measurements for all the works shall be taken by standard measures

available with the VMSS and practice and rules framed by the VMSS from

7. The tenderers are required to quote only firm rates and any condition

attached to the rates quoted by them is likely to disqualify the tender for

evaluation and consideration for award of the work.

8. The tenderers are advised to send their tender by Registered / Speed

post so that tender reaches to VMSS on or before the due date. Any

tender received after due date shall not be considered.

9. Tender not accompanied by Earnest Money in the manner provided in

the tender notice shall not be considered. Amount of earnest money

shall not bear any interest and will be refundable to the Tenderer, if

tender is not accepted.

10. Tender shall be filled in and signed only by the duly authorized person or

persons of the Tenderer. If at any item during security and finalisation of

the tenders, it is found that any tender or tenders are signed by the

persons who are not duly authorized then the earnest money received

with such tender shall stand forfeited.

11. Tenderer shall have to pay Security Deposit in the time and manner

prescribed under Clause 1 of the General Conditions of Contract.

12. Successful Tenderer shall keep all documents ready for signing

“Agreement with the VMSS”. Tenderer will have to make himself/itself

available at fifteen days notice for executing such Agreement. The

tenderers are advised to carefully study the various conditions of he

contract, work specification, site conditions, VMSS’s rules and

regulations with regards to safety and security, etc.

13. The prices in tender shall be filled in English with neat handwriting and

all the figures and words shall be legible. No overwriting shall be done.

In case any cancellation or correction is required, the figure or word shall

be wholly crossed and re-written and authenticated under with initial/s of

the Tenderer. Rate shall be written for each item and the total amount

the Tenderer. Rate shall be written for each item and the total amount

for each item shall be properly calculated and clearly mentioned in the

relevant columns. All such amounts shall be signed by the Tenderer.

14. Tenderer shall submit along with the tender a list of equipment which he

proposes to use for this work.

15. Tendered rates shall include all the material, taxes, labour and

requirements of plants, machinery, equipment, supervision, handling,

cleaning, testing etc. (whether mentioned in the item or specifications

etc. or not) which is required and necessary to complete the item.

16. The tenderers are advised to read together with the specifications

including materials and drawings, as specifications are complimentary

part of the item. Items for which details are not given or are given

inadequately reference will be taken from ISI specifications or MORTH

or PWD handbook. Such details shall be deemed to have been included

in the item and the rates quoted shall be all inclusive. Whether

mentioned in the item or not material test as may be required by the

Additional City Engineer of VMSS shall be provided and no extra

payment will be made for that purpose.

17. Specifications are given for certain numbers of items only. However, the

items for which the specifications are not prescribed but which are

relevant to these specifications shall also be executed in accordance

with such specifications.

18. Suitable number of photographs and negatives shall be supplied free of

cost to the VMSS every month for the progress of various stages of the

19. Tenders are required to quote separate prices of different items of work

change in format is acceptable. Quoting for all items is also mandatory.

20. Validity of tenderer’s proposal shall be 120 days from the date of

opening of price bid or last negotiation date if at all allowed.

21. ALL PAGES TO BE INITIALED

All signature in Tender documents shall be dated as well as pages of all

sections of Tender documents shall be initialed at the lower right hand

corner or signed wherever required in the Tender papers by the

Tenderer or by any person holding power of Attorney authorizing him to

sign on behalf of the Tenderer before submission of Tender.

22. RATES TO BE IN FIGURES AND WORDS

The Tenderer shall quote the rates in English both in figures as well as

in words and the rates and amounts tendered by him in the schedule of

quantities as per proforma in Appendix II. The item wise tendered

amount for the work shall be entered in the abstract of estimate and duly

signed by the Tenderer.

23. EVALUATION OF TENDER’S PRICE BID

Any error in quantity or amount in Price bid of tender form showing items

of works to be carried out shall be adjusted in accordance with the

following rules :

i) In the event of a discrepancy between description in words and

figures quoted by a Tenderer in the rates column, the description

in word shall prevail.

ii) In the event of an error occurring in the amount column of the

Schedule B of Tender Form showing items of work as a result of

wrong multiplication of the rate and quantity, the unit shall be

regarded, as firm and multiplication shall be amended on the rate.

iii) All errors in totally in the amount and carrying forward totals shall

iv) Any rounding off of amounts against items or in totals shall be

v) For any item in price bid, the bidder has not quoted the rates (or

left blank), it is treated as ‘zero rate’ and all such item shall be

considered as executed free of cost.

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

submitted for the sum originally tendered and considered for

24. CORRECTIONS AND ERASURES

All corrections and Alterations in the entries of tender papers will be

signed in full by the Tenderer with date. No erasures or over writings are

25. SIGNATURE OF TENDERER

The tenderer shall contain the name, residence and place of business of

person or persons making the Tender and shall be signed by the

Tenderer with his usual signature. Partnership firms shall furnish the full

names of all the partners in the Tender. It should be signed in the

Partnership’s name by all partners or, by duly authorized representative

followed by the name and designation of the person signing. Tender by

a firm shall be signed by an authorized representatives and a power of

Attorney in that behalf shall accompany, the Tender. A copy of the

constitution of the firm with names of all partners shall be furnished.

Witness and sureties shall be persons of status and property and their

names, occupations and address shall be stated below their signature.

27. DETAILS OF EXPERIENCE

The Tenderer should enclose documents to show that he has previous

experience in having successfully completed in the recent past work of

this nature together with the name of Owner’s location of sites and value

28. ENGINEER OF CONTRACTOR

The contractor, on or after award of the work, shall name and depute a

qualified Engineer having sufficient experience in carrying out works of

similar nature, to whom the equipments, materials, if any shall be issued

and instructions for construction/execution shall be given.

29. TRANSFER OF TENDER DOCUMENTS

Transfer of Tender documents purchased by one intending tenderer to

another is not permissible.

30. EARNEST MONEY DEPOSIT

The tenderer must pay earnest money as given in the notice inviting

Tenders and attach the official receipt, if paid in cash with the Tender,

failing which the tender is liable to be rejected. The earnest money

can be paid in the form of Demand draft of any nationalizes Payble

Bank at Vadodara and shall be in favour of Municipal Commissioner,

Khanderao Market, Vadodara. EMD shall be attached with the

Tender.NO emd shall be accepted in the form of bank ganrantee.

NOTE: No interest shall be allowed on the earnest money deposit by

Tenderer. The earnest money of the unsuccessful tender

will be refundable within a reasonable period of the time

without any interest.

The earnest money deposit by successful Tenderer will be retained

towards the Security Deposit for the fulfillment of the contract, but shall

be forfeited, if the Tenderer fails to execute the agreement within

days after the letter of acceptance of Tender.

Tenders submitted by Tenderers shall remain valid for acceptance for a

period f 120 days from the date of opening of price bid or last negotiation

date if at all allowed. Any of the Tenderers shall not be entitled during

the said period of 120 days, without the consent of writing of the owner

to revoke or cancel his tender or to vary the tender given or any terms

thereof. In case of tenderer revoking or canceling his tender of revoking

the same or vary any terms in regar to thereof without the consent of

owner in writing, the owner shall forfeit earnest money paid by him along

with the Tender.

32. TIME LIMIT – PERIOD OF COMPLETION

The period of completion shall be calculated from the date of issue of

any notice to proceed with the work i.e. issue of work order. Any

extension of time limit demanded by contractor for their reason, shall not

entitle for any price escalation/delay compensation or liquidity damages.

Addenda to the Tender documents may be issued prior to the date of

opening of Tenders to clarify documents or to reflect modifications in the

design or contract terms.

Each addendum issued by the Engineer in charge will be distributed in

duplicate to each person or organization to whom a set of Tender

documents has been issued.

Each recipient will retain one copy of each addendum for submission

along with his tender and return one singed copy to the Engineer-in-

charge shall become part of Tender documents.

34. RIGHT OF OWNER TO ACCEPT OR REJECT TENDER

The acceptance of Tender will rest with the Owner. The Owner

however, does not bind itself to accept the lowest tender and reserves to

itself the authority to reject any or all the Tenders received without

assigning any reason whatsoever. The whole work may be split up

between two or more contractors or accepted in part and not entirely, if

considered expedient.

Tender in which any of the particulars and prescribed informations are

missing or are incomplete in any respect and/or the prescribed

conditions are not fulfilled are liable to be rejected.

Canvassing in connection with tender is strictly prohibited and tenders

submitted by the tenderers, who resort to canvassing, will be liable to

35. Security Deposit

The person / persons whose tender may be accepted (hereafter called

the contractor) shall within 7 days of receipt by him of the notification of

the acceptance of the tender or issuance of workorder, shall submit the

security deposit on the accepted value of the Tender to the Vadodara

Mahangar Seva Sadan.

36 The successful Tender shall be required to execute an agreement

days from the date of issue of the notice of acceptance of tender. In the

event of failure on the part of the successful tenderers to sign the

agreement within the above stipulated period, the earnest money or his

initial security deposit shall be forfeited and the acceptance of the tender

shall be considered as cancelled.

37 In the event of progress of work by the contractor, without executing the

contract agreement, the responsibility with all risk and cost shall be of

38 The successful Tenderer will be required to sign the contract agreement

on a stamp paper of the value as per prevailing norms of VMSS.

Alternatively, if the Tenderer wishes to sign the agreement, the same be

adjudicated by the State Level Authority competent to do so.

39 It is responsibility of tenderer to get authorized copy of tender

documents, map etc so that during the time of execution of work

contractor can proceed with work and all time the details of work is

known to the contractor.

40 The bidder shall have to submit resource/activity chart of whole work

divided in minimum 10 activities justifying the timely completion of work.

In case the bidder do not submit the schedule of work progress, it is

mandatory to follow the progress of work as decided by VMSS during

41 Enhancement Factors:

Following Enhancement factors will be applied to annual turnover and

completion cost of works to bring them to the base year. The current

financial year in which bid is invited shall be considered as the base year.

Year Financial Year Enhancement Factor

ANNUAL RATE CONTRACT OF CIVIL WORK FOR

NORTH ZONE VMC.

General Conditions Of Contract

DEFINITION OF TERMS :-

In the Contract documents as hereinafter defined the following words & expression

shall have the meanings hereby assigned to them except where the context

otherwise requires :-

1. “The Owner or Employer”, means the Municipal

Commissioner Vadodara Mahangar Seva Sadan, Vadodara which may abbreviated

as “VMSS” and includes the Owner’s or Municipal Commissioner, VMSS’s

authorized representatives or successors.

2. The abbreviation VMSS wherever used in contract shall mean Vadodara municipal

corporation and term shall be used to in place of authorized person or persons who

will be operating this contract as VMSS’s representative and will include namely

Municipal Commissioner, City Engineer and Executive Engineer or their authorized

representatives.

3. The “Additional City Engineer”, shall means the Additional City Engineer of

Vadodara municipal corporation and shall include those who are expressly

authorized by him to act on his behalf.

4. The “Executive Engineer”, shall means the Executive Engineer of Vadodara

Mahangar Seva Sadan, who is incharge of the project and shall include those who

are expressly authorized him to act for and on his behalf.

5. The “Engineer in charge”, shall means the Deputy Executive Engineer of

Vadodara Mahangar Seva Sadan, who is incharge of the project and shall include

those who are expressly authorized him to act for and on his behalf.

6. “The Contractor”, means the person or persons, firm or Company whose tender

has been accepted by the Owner and include the Contractor’s legal representatives,

his successor and permitted assignees.

7. The term “Work or Works” of the contract shall mean all of the various classes of

works to be executed in accordance with the contract, whether temporary or

permanent, and include all labour and material, machinery, instruments, construction

equipment, plant, plant operation and maintenance, all tools and all other items

required for the completion of the construction. It shall also mean the place of

working, where the context so includes.

8. “Contract”, shall mean the Agreement between the VMSS and the contractor for

the execution of works including therein all contract documents like Condition of

Contract, Specification, Drawings, Prices Bid, Schedule of quantities, Schedule of

rates and prices (if any), work order and all tender .

9. The “Contract Price”, means the sum named in the Tender subject to such

additional there to or deduction there from as may be under the provisions

hereinafter the contained.

10. “Construction Plant”, means all machinery, tools, appliances or thing of

whatsoever nature required for the execution, completion or maintenance of the

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

other things form or forming part to the permanent work.

11. “Temporary Works”, means all temporary works of every kind required in or about

the execution, completion or maintenance of the works. The cost of such work

associated with tender is included .

12. “Drawings”, means the drawings referred to in the Specification and any

modification such drawings approved in writing by the Additional City Engineer /

Executive Engineer, Consultant and such other drawings, diagrams, or sketches as

may from time to time be furnished or approved in writing by the Additional City

Engineer / Executive Engineer.

13. “Site”, means the land and other places on under in or through which the permanent

works are to be executed or carried out & any other land or places provided by the

Owner for purpose of the contract.

14. Words importing the singular number only also include the plural and vice versa

where the context requires.

15. ”Contract Documents”, means collectively the Tender documents, Designs,

Drawings, Specifications agreed variations if any, contract such other documents

constituting the Tender and acceptances thereof.

16. “The Specification”, shall mean the various technical specifications attached and

referred to in the Tender documents. It shall also include the latest edition of

relevant Indian Standard Specification published before entering into contract.

Further in absence of any specific reference in I.S.S. the standards and

specifications of P.W.D.H.B. or GWSSB as the case may be will be followed as per

the consent of city engineer.

17. The “Tender”, means the tender submitted by the contractor for acceptances by the

18. The “Alternation Order”, means the order given in writing by the Engineer-in-

charge to effect to or deleting from and alternations in the works.

19. The “Completion Certificates”, shall mean the certificate to be issued by the

Additional City Engineer, when the works have been completed to his satisfaction.

CLAUSE 1 SECURITY DEPOSIT

Within 10 (Ten) days of receipt of Letter of Acceptance, the successful Bidder

shall furnish to the Employer an irrevocable and unconditional guarantee from

a Bank in the form set forth in Section 8 (the “Performance Security”) for an

amount equal to 5% (five percent) of its Contract Price. In case of bids

mentioned below, the successful Bidder, along with the Performance Security,

shall also furnish to the Authority an irrevocable and unconditional guarantee

from a Bank in the same form given at Section 8 towards an Additional

Performance Security (The “Additional Performance Security”) for an amount

calculated as under:

(a) If the Contract Price offered by the Selected Bidder is lower than

10% but upto 20% of the Estimated Project Cost, then the Additional

Performance Security shall be calculated @ 20% of the difference in

the (i) Estimated Project Cost (as mentioned in Bid Document) -

Minus 10% of the Estimated Project Cost and (ii) Contract Price

offered by the selected Bidder.

(b) If the Contract Price offered by the Selected Bidder is lower than

the Estimated Project Cost, then the Additional Performance

Security shall be calculated @ 30% of the difference in the (i)

Estimated Project Cost (as mentioned in Bid Document) - Minus

10% of the Estimated Project Cost and (ii) Contract Price offered by

the selected Bidder.

(c) This Additional Performance Security shall be treated as part of the

Performance Security.

• The Performance Security shall be valid beyond 60(sixty) days of

the Defects Liability Period and the Additional Performance

Security shall be valid beyond 28 (twenty-eight) days of Project

Completion Date.

• If the performance security is provided by the successful Bidder

in the form of a Bank Guarantee, it shall be issued either (a) at

the Bidder’s option, by a Nationalized/Scheduled Indian bank or

(b) by a foreign bank located in India and acceptable to the

Employer. As per GoG Finance Department’s Circular No.

FD/MSM/e-file/4/2023/0057/D.M.O. Date 21/04/2023 or as per

their latest amendment.

Failure of the successful Bidder to comply with the requirement of Sub -C shall

constitute sufficient grounds for cancellation of the award and forfeiture of the

ટ3ડરના General condition of contract ના Clause No.38 તથા SBD ના Quality

Control ના defect Liability Period Clause Clause 33(a) and (b) <ુજબના વાિષક ઇ રાના

તો defect Liability Period Clause ૩૩.D <ુજબ કામ Yુણ% થયા તાર4ખથી પાંચ વષ%નો રહશે તથા

CLAUSE 2 : COMPENSATION OF DELAY AND PENALTY

The time allowed for carrying out the work as entered in the tender shall be strictly

observed by the contractor and shall be reckoned from the date of which the order to

commence work is given to the contractor. The work shall throughout the stipulated period

of the contract be proceeded with, with all due diligence (time being deemed to be of the

essence of the contract on the part of the contract) and the contractor shall pay as

compensation and or penalty for delay. Further contractor shall to ensure good progress

during the execution of the work. The work shall be completed stage wise as per the

schedule given at the time of tender submission (Refer qualification criteria) before award of

the job to contractor, and which will form the part of the contract, failing which intermediate

compensation shall be levied. In case contractor have not submitted it is confirmation the

schedule of work progress, on part of contractor follow the schedule of work decided by

VMSS/Consultant.

In the event of the contractor failing to comply with these conditions of Contract is

liable to be terminated at any stage and / or an amount equal to one half percent of

contract amount of whole work over stipulated time limit shall be levied as a penalty

for every week that the delay or penalty provided always that the total amount of

for every week that the delay or penalty provided always that the total amount of

compensation to be paid under the provision of this clause shall not exceed 10% of

the contract value of the work.

The decision of Additional City Engineer will be final for all such delay

CLAUSE 3: ACTION WHEN WHOLE OF SECURITY DEPOSIT IS FORFEITED

In any case in which under any clause of this contract, the contractor shall have

rendered himself liable to pay compensation amounting to the whole of his Security

Deposit (Whether paid in one sum or deducted by installment) or in the case of

abandonment of the work owing to serious illness or death of the contractor or any

other cause, the the additional city Engineer, on behalf of VMSS shall have power to

adopt any of the following courses as man, deemed best suited to the interest of

a) To rescinded the contract (of which recession notice in writing to the contractor

under the hand of the executive shall be conclusive evidence) and in that case, the

Security deposit of the contractor shall stand forfeited and be absolutely at the

disposal of the VMSS.

b) To employ labour paid the VMSS and to supply materials to carry out the work, or

any part of the works, debiting the contractor with the cost of the labour and price of

materials as to the correctness of which cost and price the certificate of the City

Engineer shall be final and conclusive against Contractor and crediting him with the

value of the work done, in all respect in the manner and at the same rate as if it had

been carried out by the contractor under the terms of this contract and in that case

the certificates of the Executive Engineer as to the value of the work done shall be

final and conclusive against the contractor.

c) To order that the work of the contractor be measured up and to take such part

thereof as shall be unexecuted out of his hands, and to give it to another contractor

to complete, in which case, any expenses which may be incurred in excess of the

sum which would have been executed by him (as to the amount of which expenses

the certificate in writing of the Additional City Engineer be final and conclusive) shall

be borne and paid by the original contractor and shall be deducted from any money

due to him by the VMSS under the contractor or otherwise or from his security

proceeds of sale thereof, of a sufficient part thereof. In the event of any of the above

courses being adopted by the Additional City Engineer the contractor shall have no

claim to compensation for any loss sustained by him by reason of his having

purchased, or prepared any materials, or entered into any engagements, or made

any advances on account of or with a view to execution of the work or the

performance of the contract.

And in case of the contract shall be rescinded under the provision aforesaid, the

contractor shall not be entitled to recover or be paid any sum, for any work therefore

actually performed by him under this contract unless and until the Executive

Engineer shall have certified in writing the performance of such work and the amount

payable to him in respect thereof and he shall only be entitled to be paid the amount

CLAUSE 4 : ACTION WHEN THE PROGRESS OF ANY PARTICULAR PORTION OF

THE WORK IS UNSATISFACTORY

If the progress of any particular portion of the work is unsatisfactory the City Engineer /

Executive Engineer shall, not withstanding that the general progress of the work is

satisfactory in accordance with Clause 2, be entitled to take action under clause 3(b)

after giving the contractor 10 days notice in writing and the contractor shall have no

claim for compensation for any loss sustained by him owing to such action.

CLAUSE 5: CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION, IF ACTION

NOT TAKEN UNDER CLAUSE 3 POWER TO TAKE POSSESSION OF OR

REQUIRE OF OR SELL CONTRACTOR PLANT AND MATERIAL

In any case in which any of powers conferred upon the Additional City Engineerby

Clause 3 and 4 hereof shall have become exercisable and the same not have been

exercised, the non-exercise thereof and such powers shall not constitute a waiver of any

of the conditions thereof and such powers shall not withstanding be exercisable in any

future case of default by the contractor for which by any clause or clauses thereof he is

declared liable to pay compensation amounting to the whole of his security deposit and

the liability of the contractor for past and future compensation shall remain unaffected.

In the event of the Additional City Engineer taking action under sub clause (a) or (c) of

Clause 3, he may, if he so desires, take possessions of all or any tools, plant, materials

and stores in upon the works or the site thereof of belonging to the contractor or

procured by him and intended to be used for the execution of the work or any part

thereof paying or allowing for the same in the account of the contract rates or in the

case of contract rates not beings applicable at current market rates, to be certified by

the Executive Engineer whose certificates thereof shall be final. In the alternative the

Additional city Engineer may be notice in writing to the contractor of his works foreman

or other authorized agent require him to remove such tools plants, materials or stores

from his premises within a time to be specified in such notice and in the event of the

contractor failing to comply with any such requisition, the Additional City Engineer may

remove them at the contractor’s expense or sell them by auction or private sale at the

risk and cost of the contractor in all respect, and the certificate of the Executive

Engineer as to the expense of any such removal, and the amount of the proceeds and

expenses of any such sale shall be final and conclusive against the contractor.

CLAUSE 6: FINAL CERTIFICATE

On completion of the work the contractor shall be furnished with a certificate by the

Additional City Engineer of such completion but no such certificate shall be given or

considered to be complete until the contractor shall have removed from the premises

on which the work shall have been executed all scaffolding, surplus materials and

rubbish and shall have cleaned off the dirt from site or any rubies or such other parts,

CLAUSE 7 : PAYMENT ON INTERMEDIATE CERTIFICATE [RUNNING ACCOUNT] TO

BE REGARDED AS ADVANCES

The Employer shall make advance payment (not to be paid less than two

installments except in special circumstances for which the reason to be Recorded

in writing) to the Contractor of the amounts stated in the Contract Date by the date

stated in the Contract Date, against provision by the Contactor of an Unconditional

Bank Guarantee in a form and by a bank acceptable to the Employer in amounts

and currencies equal to be at least 110% of the advance payment. The guarantee

shall remain effective until the advance payment has been repaid, but the amount

of the guarantee shall be progressively reduced by the amounts repaid by the

Contractor. The Mobilization advance would be deemed as interest bearing

advance at an interest rate of 10 % to be compounded, quarterly and a certificate

of completion is given. But in the case of works estimated to the cost more than

rupees 10% of the contract value the contractor shall on submitting a monthly bill

therefore, be entitled to receive payment proportionate to the part of the work then

approved and passed by the Consultant/the Executive Engineer whose certificate

of such approval and passing of the sum so payable shall be final and conclusive

against the contractor. All such intermediate payment, shall be regarded as

payments by way of advance against the final payments only and not as

payments, for work actually done and completed, and shall not preclude the

Additional CITY ENGINEER/ADD. CITY ENGINEER/Executive Engineer

/Consultant from requiring bad, unsound, imperfect or unskilled work to be

removed and taken away and reconstructed or re erected, nor shall any such

payments be considered

as an admission of the due performance of the contract or any part thereof in any

respect or the accruing of any claim nor shall it conclude determine or affect in any

way the powers of the CITY ENGINEER/ADD. CITY ENGINEER as to the final

settlement and adjustment of the accounts or otherwise, or in any way the powers

of the accounts or otherwise, or in any other way very or affect the contract.

The final bill shall be submitted by the contractor within one month of the date

fixed for the completion of the work, otherwise the Executive Engineer/ Consultant

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

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

final and binding on all parties.

Rates of items paid in running bills are for the purpose of advance payment

only and may be revised [reduced or increased] in the final bill after final

evaluation of the quantity of each item.

CLAUSE 8 : PAYMENT OF REDUCED RATES ON ACCOUNT OF ITEMS OF WORKS

NOT ACCEPTED AS COMPLETED TO BE AT THE DISCRETION OF THE

EXECUTIVE ENGINEER

The rates for several items of works estimated to cost more that Rs. 1,000/- agreed to

within, shall be valid only when the item concerned is accepted as having been

completed fully in accordance with the sanctioned specifications. In cases where the

items of work are not accepted as so completed the Executive Engineer may make

payments on account of such items at such reduced rates as he may consider

reasonable in the preparation of final or on account bills.

CLAUSE 9 : BILLS TO BE ON PRESCRIBED FORM

The contractor shall submit all bills in typed triplicate on the prescribed forms to

Consultant./ Engineer in charge. The charges to be made in the bills shall always be

entered at the rates specified in the tender or in the case of any extra work ordered in

pursuance of these conditions, and not mentioned or provided for in the tender, at the

rates herein after proved for such work.

CLAUSE 10: WORKS TO BE EXECUTED IN ACCORDANCE WITH SPECIFICATIONS,

DRAWINGS, ORDERS, ETC.

The contract shall execute the whole and every part of the work in the most substantial

and workman like manner, and both as regards materials and in every other respect in

strict accordance with the specifications. The contractor shall also confirm exactly full

and faithfully to the designs, and instructions in writing relating to work signed by the

Executive Engineer/ Consultant

And lodge in his office and to which the contractor shall be entitled to have access for the

purpose of inspection of such office or on the site of the work during the office hours and

the contractors shall if he so requires, be entitled at his own expenses to make or cause

to be made copies of the specifications and of all such designs, drawings or instruction

CLAUSE 11 : ALTERATIONS IN SPECIFICATIONS AND DESIGNS NOT TO BE

INVALIDATE CONTRACTS. RATES FOR WOKS NOT ENTERED OR

The Additional City Engineer/Consultant shall have power to make any alteration in

or addition to the original specifications, drawings and instructions that may appear to him

to be necessary or advisable during the progress of the work and the contractor shall be

bound to carry out the work in accordance with any instruction in this connection which may

be given to him in writing signed by the Additional City Engineer/Executive

Engineer/Consultant and such alteration shall not invalidate contract. Any additional work

which the contractor may be directed to do in the manner above specified as part of the

work shall be carried out by the contractor on the same conditions in all respect on which

he agreed to do the main work, and at the same rates as are specified in the tender for the

main work. And if the additional and altered in the tender for the work, and if the additional

and altered work includes any class of works for which no rate is specified in this contract,

then such class of works shall be carried out at the rates entered in the Scheduled Rates or

at the calculated rates whichever are lower. If the additional or altered work for which no

rate is entered in the Schedule of Rates in ordered to be carried out before the rates are

agreed upon then contractors shall within seven days of the date of receipt by him of the

order to carry out the work, inform theExecutive Engineer/ Consultant of the rate which he

is intention to charge for such class of work, and to arrange to carry out in such manner as

he may consider advisable provided always that if the contractor shall commence work or

incurred any expenditure in regard there to before the rates shall have been determined as

lastly here in before mentioned then in such cases, he shall only be entitled to be paid in

respect of the work carried out or expenditure incurred by him prior to such date of the

determination of the rate as aforesaid according to such rates as shall be fixed by Executive

Engineer /Consultant.

In the event of a dispute, the decision of theAdditional City Engineer/ Consultant will be

final. Where however, the work is to be executed according the designs, drawings and

specifications recommended by the contractor and accepted by VMSS/ Consultant, the

alteration above referred shall be within the scope of such design, drawings and

specifications appended to the tender. The time limit for completion of works shall be

extended in the proportion that the increase in cost occasioned by alterations or additions

bears to the cost of the original contract work, and the certificate of the Executive Engineer

as such proportion shall be conclusive.

CLAUSE 12 : NO COMPENSATION FOR ALTERATION OR RESTRICTION OF

If at any time after execution of the contract documents, the Additional City Engineer/

Consultant shall, for any reason what so ever, require the whole or any part of the work, as

specified in the tender, to be stopped for any period or shall not require the whole or part of

the work to be carried out at all or to be carried out by the contractor, he shall give notice in

writing of the fact to the contractor, who shall there upon suspend or stop the work totally or

partially, as the case may be. In any such case, except as provided here under, the

contractor shall have no claim to any payment or compensation what so ever on account of

any profit or advantage which he might have derived from the execution of the work in full

but which he did not so derive in consequence of the full amount of the work not having

been carried out, or on account of any loss that he may be put on account of materials

purchased or agreed to be purchased, or for unemployment of labour recruited by him. He

shall not have also any claim for compensation by reason of any alteration having been

made in the original specifications, drawings, designs and instructions which may involve

any curtailment of the work as originally contemplated. Where however, materials have

already been purchased or agreed to be purchased by the contractor before receipt by him

of the said notice, the contractor shall be paid for such materials at the rates determined by

the Executive Engineer they are not in excess of requirements and are of approved quality

and / or shall be compensated for the loss if any, that he may be put to, in respect of

materials agreed to be purchased by him, the amount of such compensation to be

determined by the Executive Engineer whose decision shall be final. If the contractor

suffers any loss on account of his having to pay labour charges during the period during

which the stoppage of work has been ordered under this clause, the contractor shall, on

application be entitled to any compensation on account of labour charge as the Executive

Engineer whose decision shall be final may consider reasonable. Provided that the

contractor shall not be entitled to any compensation on account of labour charges if, in the

opinion Executive Engineer, the labour could have been employed by the contractor

elsewhere for the whole or part of the period during which the stoppage of the work has

been ordered as aforesaid.

CLAUSE 13 : NO CLAIM TO COMPENSATION ON ACCOUNT OF LOSS DUE TO

DELAY IN PROCUREMENT OF MATERIAL FROM MARKET.

The contractor shall not be entitled to claim any compensation from the VMSS for the loss

suffered by him on account of delay in the procurement of material from market by

contractor where such delay is caused by

1. Force Majeure

3. Act of enemies of the State or any other reasonable cause beyond the control of

CLAUSE 14 : ACTION AND COMPENSATION PAYABLE IN CASE OF BAD

If at any time before the security deposit is refunded to the contractor, it shall appear

to the Additional City Engineer/ Consultant his subordinate in charge of the work that any

work has been executed with unsound, imperfect or unskilled workmanship or with

materials of inferior quality, or that any materials or articles provided by him for the

execution of the work are unsound or of a quality inferior to that contracted for, or are

otherwise not in accordance with the contract, it shall be lawful for the Additional City

Engineer/Consultant to intimate this fact in writing to the contractor and then not with

standing the fact that the work materials or articles complained of may have been

inadvertently passed, certified and paid for the contractor shall be bound forthwith to rectify

or remove and reconstruct the work so specified in whole of or in part as the case may

require, or if he is required, shall remove the material or articles so specified and provided

other proper and suitable materials or articles at his own charge and cost; and in the event

of his failing to do so within a period to be specified by

The Additional City Engineeer/ Consultant in the written intimation aforesaid the

contractor shall be liable to pay compensation at the rate of one per cent on the amount of

the contract sum for every day not exceeding ten days, during which the failure so

continues, and in the event of any such failure as aforesaid theAdditional City Engineer/

Consultant may rectify or remove and re-execute the work or remove and replace the

materials or articles as complained of as the case may be at the risk and expense in all

respect of the contractor. If the Additional City Engineer 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 as he may fix here fore.

CLAUSE – 15: WORKS TO BE OPEN TO INSPECTION. CONTRACTOR OR

REASONABLE AGENT TO BE PRESENT

All works under or in course of execution in pursuance of the contract shall at all

times be open to the inspection and supervision of theAdditional City Engineer/ Consultant

and his subordinates or agents appointed by VMSS and the contractor shall at all times

during the usual working hours and at all other times at which reasonable notice of the

intention of theAdditional City Engineer/ Consultantor his subordinate or agents appointed

by VMSS to visit the works shall have been given to included. In the specification or other

documents forming part of the contract referred to in these conditions or not and which may

be necessary for the purpose of satisfying or complying with the requirements of

theAdditional City Engineer/ Consultant as to any matter on which under these conditions

he is entitled to be satisfied or which he is entitles require together with carriage, therefore,

to and for the work.

The contractor shall also supply without charge the requisite number of persons with

the means and materials necessary for the purpose of setting out works, and counting,

weighing and assisting in the measurement or examination at any time of the work or

materials, failing this the same may be provided by the Executive Engineer/ Consultant at

the expense of the contractor and the expense may be deducted from any money due to

the contractor under the contract or from his Security Deposit. The contractor shall provide

all necessary fencing and lights required to protect the public from accident and shall also

be bound to bear the expense of defence of every suit, action or other legal proceedings, at

law, that may be brought by any person for injury sustained owing to neglect of the above

precautions, and to pay any damages and costs which may be awarded in any such suit,

action or proceedings to any such persons or which may be with the consent of the

contractor be paid in compromising any claim by any such person.

CLAUSE 16 : HOISTING APPLIANCES ETC.

The contractor shall comply with the following regulations as regards the

Hoisting Appliances to be used by him :

a. Hoisting machines and tackle : including their attachments, anchorages and

supports, shall

(I) be of good mechanical construction, sound material and adequate

strength and free patent defect; and

(II) be kept in good repair and in good working order.

b. Every rope used in hoisting or lowering materials or as a means or

suspension shall be of suitable quality and adequate strength and free from

c. Hoisting machines and tackle shall be examined and adequately tested after

erection on the site and be reexamined in position at intervals to be

prescribed by VMSS.

d. Every chain, ring, hook, shackle, swing and pulley block used in hoisting or

lowering materials or as means of suspension shall be periodically examined.

e. Every crane driver or hoisting appliance operator shall be properly qualified.

f. No person who is below the age of 20 years shall be in control of any hoisting

machine including any winch or give signals to the operator.

g. In the case of every hoisting machine and of every chain, ring, hook, shackle,

swivel and pulley used in hoisting or lowering or as a means of suspension

the safe working load shall be ascertained by adequate means.

h. Every hoisting machine and all gear referred to in the preceding regulation be

plainly marked with the safe working load.In the case of hoisting machine

having a variable safe working load each safe working load and the conditions

under which it is applicable shall be clearly indicated.

i. No part of any hoisting machine or any gear referred to in regulation above

shall be loaded beyond the safe working load except of the purpose of testing.

j. Motors, gearings, transmissions, electric wiring and other dangerous parts of

hoisting appliances shall be provided with efficient safeguards.

k. Hoisting appliances shall be provided with such means as will reduce to a

minimum the risk of the accident descent of the load.

l. Adequate precautions shall be taken to reduce to a minimum risk of any part

of a suspended load becoming accidentally displaced.

CLAUSE 17: MEASURES FOR PREVENTION OF FIRE

The Contractors shall not set fire to any standing jungle, trees brushwood or grass without

a written permit from the AdditionalCity Engineer. W hen such permit is given and also in all

cases when destroying out of a dug up trees, brushwood, grass etc. by fire, the contractor

shall take necessary measures to prevent such fire spreading to or other wise damaging

surrounding property.

CLAUSE 18 : LIABILITY OF CONTRACTOR FOR ANY DAMAGE DONE IN OR

OUTSIDE WORK AREA

Compensation for all damage done intentionally or unintentionally by contractor’s

laborer whether in or beyond the limits of the work site including any damages caused by

the spreading of Fire mentioned in clause 18 shall be estimated by the Executive Engineer

or such other officer as the VMSS may appoint and the estimates of the VMSS shall be final

and the contractor shall have to pay the amount of the assessed compensation on demand

failing which the same will be recovered from the contractor as damages in the manner

prescribed in clause 1 or deducted by the Additional City engineer from any sums that may

be due to or become due from the VMSS to the contractor under this contract or otherwise.

The contractor shall bear the expenses of defending any action or other legal

proceedings that may be brought by any person for injury sustained by him owing to neglect

of precautions to prevent the spread of Fire and shall be also pay any damage and cost that

may be the court in consequence. However in any case VMSS can not be suit under any

CLAUSE 19 : Deleted.

CLAUSE 20 : EXECUTION OF WORKS

All works to be executed under the direction and subject to the approval in all respect

of Executive Engineer/ the Consultant for the time being, who shall be entitled to direct at

what point or points and in what manner they are to be commenced and from time to time

CLAUSE 21 : DECISION OF THE VMSS TO BE FINAL

Except where otherwise specified in the contract and subject to the powers

delegated to the Executive Engineer/Consultant, the decision of the Additional City

Engineer for the time being shall be final conclusive and binding on all parties to the

contract upon all question relating to the meaning of the specifications, designs, drawings

and instruction herein before mentioned and as to the quality of workmanship or material

used on the work or as to any other question, claim, right, matter or thing whatsoever, in

anyway arising out of or relating to the contract designs, drawings, specifications estimates,

instructions, orders or these conditions or otherwise concerning the works or the execution

of failure to execute the same, whether arising during the progress of the work or after

completion of abandonment thereof.

CLAUSE 22 : WORK ON SUNDAY

No work shall be done on Sunday or on declared Public Holiday without written

permission of Executive Engineer.

CLAUSE 23 LUMPSUM IN TENDER

When the estimate on which a tender is made includes lump sums in respect of parts

of the work, the contractor shall be entitled to payment in respect of the items of work

involved or the part of the work in question is not in the opinion of the Executive Engineer

capable of measurement, the Executive Engineer at his discretion pay the lump sum

amount entered in the contract and the certificate in writing of theExecutive Engineer/ shall

be final and conclusive against the contract with regard to any sum or sums payable to him

under the provisions of this clause.

CLAUSE 24 : ACTION WHERE NO SPECIFICATIONS ARE AVAILABLE

In the case of work for which there is no such specification, work shall be carried out

in accordance with the P.W.D. or I.S.I. specifications and in the event of there being no

P.W.D. or I.S.I. specifications the work shall be carried out in all respects in accordance

with the instructions and requirements ofExecutive Engineer/theConsultant.

CLAUSE 25 : DEFINITION OF WORK

The expressions “Work” or “Works” whenever used in these conditions shall unless,

there be something in the subject or context repugnant to such construction be constructed

to mean the work or the works contracted to the executed under or by virtue of the contract,

where temporary or permanent and whether original altered substituted or additions.

CLAUE 26 : QUERRY FEES AND ROYALTIES, ETC.

All query fee, royalties, octroi dues and ground rent for stacking materials, if any

should be paid by the contractor.

CLAUSE 27 {A}: ACCIDENT OR INJURY TO WORKMAN

1. The contractor to Indemnify the VMSS/CONSULTANT:

The VMSS/Consultant shall not be liable for or in respect of any damages or

compensation payable by law in respect or in consequence of any accident of injury to any

workman or other person in the employment of the contractor or his any sub-contractor.

2. contractor shall indemnify the VMSS/Consultant against such damages and

compensation and against all claims, demands, proceedings, costs, charges, expenses

whatsoever in respect thereof or in relation thereto.

CLAUSE 28: INSURANCE:

Contractor at his cost for all such amounts shall secure and maintain insurances as may be

necessary as Workmens compensation and Employees Laibility Insurance and any other

insurance required Under Law or Regulation of VMSS and Transit insurance required in

respect of all items to be transported by the Contractor to the Site of work

CLAUSE 29: IMPLEMANTATION OF PROVIDENT FUND ACT:

It is to be noted that the subject contracat would be awarded only to those contractor that

have fulfilled havinf P.F. Registration Number allotted to them RPFC,The agency to submit

Cerificate.,Possessing License under Contract labour Act 1970 and to Submit.

Clause 30 : JURISDICTION

The Contract shall be goverened and be constituted according to laws in India.The

Contractor will submit to the jurisdiction of the courts situtated at Vadodara for the

purpose of disputes,actions,and proceedings arising out the contract and the courts at

Site location only wiil have the jurisdicatiion to hear and decide such disputes,actions,

and proceedins.

Clause 31: SAFETY CODE

Contractor shall adhere to safe practice and guard against hazardous unsafe working

condition and shall comply with central / State Government safet Rules.Safety Regulations

in respect of all labour ,directly or indirectly employed in the work for the performanceof

Contractors part of this agreement ,Contractor sahh at his won expens arrange to all safety

provision as per safety code of Bureau of Indian Standard,The Electricity Act, and such

other acts as applicable.Suitable scaffolding will be provided for workmen for all works that

canot be safely done from the ground up to any height as required for woking ,Scaffolding

shoul be strong enough to preven any collapse/Accident .The contrctor is responsible for

the stability of scaffolding.

Clause 32: QUANTUM OF WORK;

A bill of approximate qyantities for various items accompanies this Tender. It shall be

definitely understood by the contractor, VMSS/Consultant do not accept any

responsibility for the correctness or completeness of this Bill in respect of Items &

quantities & this schedule is liable to alteration by deletions, deductions, or addition to any

extent at discretion of the VMSS without affecting the terms of contract. The VMSS

reserves the right to increase or decrease the quantum of work to any extent at site

without assigning any reason/compensation.

Clause 33: REMOVAL OF WORKMEN:

The VMSS shall be at liberty to object & require the Contrctor to remove forth with from the

works any person employed by the contractor in or about the execution or maintenance of

the works who in the opinion of theVMSS mis-conducts himself or is incompetent or

negligent in the proprer performance of his duties or whose employment is otherwise

considered by the Executive Engineer to be undesirable &such person shall be replaced by

the contractor without delay by acompetent substitute approved by VMSS

Clause 36 : SITE FACILITY:

(1) All temporary structures put up for the works shall be removed and site handed over to

Employer without obstruction.Water Supply &Electicity for construction purpose wiil be

arrange by Contractor at his own cost.

The contractor shall provide electrification facility on site. It should be with separate meter

& electrification bill. This shall be provided by the contractor at his own cost

Clause 37 : DISPUTES AND ARBITRATION

(1) Where any difference or dispute arises out of these conditions of agreement or as to

interpretation of any terms of this agreement including scale of professional fees and

charges, the parties shall first endeavor to co-operate to resolve the dispute or

controversy by mutually determined otherwise such difference or dispute shall be

referred to the sole arbitrator as provided in Arbitration and Conciliation Act,

1996.Municipal Commissioner, VMC shall be sole arbitrator for this agreement. Any

differences or dispute arises it wil be bound as per Arbitration and consideration act

1996 and also bound as per judification of Vadodara Court.

CLAUSE 38 : DEFECT LIABILITY PERIOD / PERFORMANCE GAURANTEE :

Defect liability period : The contractor shall be responsible to make good and

remedy at his own expense any defect which may develop or may be noticed

before the period mentioned hereunder from the certified date of completion. The

Engineer in charge shall give the contractor a notice in writing about the defects

and the contractor shall make good the same within 15 days of receipt of the

notice. In the case of failure on the part of the contractor, the Engineer- in-charge

may rectify or remove or re- execute the work at the risk & cost of the contractor.

The Engineer -in- charge shall be entitled to appropriate the whole or any part of

the amount of security deposit towards the expenses, if any, Incurred by him in

rectification, removal or re-execution. The Defects Liability period shall be as

(a) For all works costing up to Rs. 50,000 (amount put to tender), the

period shall be 3 Months from the certified date of completion.

(a) For all works costing more than Rs. 50,000 and up to Rs. 1 crore

put tender), the period shall be 12 (Twelve) months from the

certified date of completion or one monsoon, whichever is later.

(c) For major projects costing more than Rs. 1 crore, the period shall be

36 Months from the certified date of completion which should include

three monsoons.

(d) For original building works the defect liability period will be 5 years or

elapse of 4 monsoon period following date of possession of building taken

over by user agency following the certified date of completion, whichever is

For the purpose of deciding the monsoon period, the 30th September shall

be treated as the last date

During Performance Gaurantee Period (5 year), contractor shall make good any

damaged or not Performer equipment or whatsoever nature observed in different

works, equipment, or in part of work, plant or equipment which has not satisfy

purposed of used by modifying / replacing / repairing of such defective units or

parts there at his own cost within period of three days on hearing from owner

about such Performance Guarantee period

In case if contractor’s failure to do so, it will be got done by owner and entire cost

shall be recovered from contractor’s performance GAURANTEE bond in the form

of bank GAURANTEE or other dues with the company.

CAUSE 39 : ERRORS AND OMMISSIONS

The contractor should take no advantage of any apparent error or omission in

drawing or specification and the City Engineer should be permitted to make such

correction and interpretation as necessary to full fill the intent of the plans and

specifications. Alterations, omissions or correct in the drawings, diagrams or

sketches or specifications shall not constitute a case for a claim or extra payment

or extension of time by the contractor.

CLAUSE 40 : INSURANCE AGAINST ACCIDENT ETC. TO WORKMEN

The contractor shall at his own expense carry and maintain insurance with

reputable Insurance Companies to his satisfaction but in no case VMC will be

responsible for any claim arise due to in-Adequate amount and or improper

provisions of insurance by the contractor under the employeesState Insurance

Acit, 1949.Workmen”scompesnsation and Employer’s liability insurance required

Under law or regulations from time to time for this contract.

CLAUSE 41 :ADDITIONAL SAFETY CODE

The contractor shall provide all necessary safety provisions as indicated in safety

code given along with this tender.

CLAUSE 42 : FOSSILS ETC

All fossils, coins, articles or value of antiquity and structure and other remains or

things of geological or archeological interest discovered on the site shall as

between the VMC and the contractor be deemed to be absolute property of the

CLAUSE 43 : PROGRAMME

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

contract period shall commence from date of notice of intimation to proceed. The

Tenderer at the time of submitting his tender shall indicate to the construction

schedule his program of execution of work commensurate with the total time

specified. The contractor shall provide the Engineer-in-charge a detailed program

of the time schedule for execution of the works in accordance with the

specifications and the completion date, the entire program to be finalized by the

contractor, has to confirm the execution period mentioned along with the bill of

quantities in the tender documents. The Engineer-in-charge upon scrutiny of such

submitted program by contractor, shall examine suitability of it to the requirement

of contract and suggest modifications, if found necessary.

The successful bidder will have to submit detailed schedule of progress of

work (Bar Chart) within 7 days of issued of work order and at every 3 month

interval it is to be revised and submitted according to progress of work, and get

submitted according to progress of work, and get it approved by VMC, If contractor

fails to submit the same, penalty of Rs. 15,000.0 will be imposed from prevailing

1. The contractor shall provide suitable scaffolds and working platforms,

gangways and stairwaysas per required.

2. All necessary personal safety equipments as considered adequate by the

Executive Engineer should be kept available for the use of persons employed

on the site and maintained in a condition suitable for immediate use and the

contractor should take adequate steps to ensure proper use of equipment by

those concerned of General Conditions of the Contract. To ensure effectively

enforcement of the rules and regulations relating to safety precautions, the

arrangements made by the contractor shall be opened to inspection by the

welfare officer, Safety Engineer or Executive Engineer of the VMC or their

representatives.

(A) In respect of all labor, directly or indirectly employed in the work for the

performance of contractor's part of this agreement, the contractor shall at his

own expense arrange for all the safety provision as per safety code of P.W.D.

and hand book on construction safety practice SP-70-2001 and building &

other construction workers.(Regulation of Employment & Condition of

Services) act 1996. The contractor shall serve and abide by all the fire and

safety security rules and regulations of the VMC.

(B) First Aid and Injuries

1. Contractor shall maintain first aid facilities to his employees and those of his

sub-contractors.

2. Contractor shall make outside arrangement for ambulance service and for

the treatment of injuries. Names of those providing these services shall be

furnished to VMC prior to start of construction and their telephone numbers shall

be prominently displayed in contractor's field office.

1. All critical injuries shall be reported promptly to VMC and copy of contractors

report covering each personal injury requiring the attention of a physician shall be

furnished to VMC.

CLAUSE 44 :ALTERATION IN SPECIFICATION AND DESIGN AND EXTRA WORK

A) The Executive Engineer-in-charge shall have power to make any alteration in,

omission from, addition to, substitution for the schedule of rates, the original

specifications, drawings, designs and instructions that may appear to him to be

necessary or advisable during the progress of work and the contractor shall be

bound to carry of such altered/extra/new items of work in accordance with any

instructions which may be given to him in writing signed by Executive Engineer

and such alteration omission, additions or carried out by the contractor on the

same conditions of contract. The time for completion may be extended by

Executive Engineer as may be considered just and reasonable by him. The

rates for such addition, altered or substituted work shall be worked out as under.

a) If the rates for addition, altered or substituted work are specified in the contract

for work, the contractor is bound to carry out such work at the same rates as

specified in the contract.

b) If the rates for additional, altered or substituted work are not specifically

provided in the contract for the work, the rates will be derived from the rates of

similar items or works in the contract of work. The opinion of Executive

Engineer as to whether the rates can be reasonably so derived from the item of

contract will be final and binding to the contractor.

c) If the rates altered, addition or substituted work cannot be determined as

specified in (a) or (b) above, the rates shall be paid as per S.O.R. of

VMC/PWD in the same of order preference. In absence of S.O.R. rate analysis

approved by the City Engineer shall be final.

d) If the rates of altered, addition or substituted work cannot be determined as

specified in (a) or (b) or(c) above the contractor shall within seven, days of the

receipt of order to carry out the work inform the Executive Engineer of the rate

which he intends to charge for such work supported by rate analysis and the

Executive Engineer will determine the rate on the basis of prevailing market

rates or materials, Labor cost at schedule of Labor plus 10% thereon as

contractor's supervision overhead and profits. The opinion of Engineer-in-

change as to market rate of materials and the quantity of Labor involved per unit

of measurement will be final and binding on contractor, But under no

Circumstance the Contractor suspends work on the place or Non Settlement of

item following under this clause.

CLAUSE 45 : TESTS FOR QUALITY OF WORK

1. The contractor shall be required to give satisfactory tests wherever required and

shall rectify the defects, if any free of cost. The necessary water, power, labor,

etc. required for the tests shall also be arranged by the contractor at his own

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

and in accordance with the instructions of Engineer-in-charge and shall be

subjected from time to time to such tests at contractor cost as the

Engineer-in-charge may direct at the place of manufacture or fabrication or on

the site or at any such place. Contractor shall provide assistance,

instruments, labor and materials as are normally

required for examining, measuring and testing of any work or workmanship as

may be selected and required by Engineer-in- charge.

3. All tests necessary in connection with the execution of work as decided by

Engineer-in-charge shall be carried out at an approval laboratory at

contractor's cost.

4. Contractor shall furnish the Engineer-in-charge for approval when requested or

if required by the specification, adequate samples of all materials and finished

goods to be used line work sufficiently in advance to permit tests and

examination thereof. All materials furnished and finished goods applied in work

shall be exactly as per approved samples.

5. 70% Test to be carried out in Govt. approved Laboratory and 30% test as

approved on site and submit to department.

CLAUSE 46 : PROCEDURE FOR MEASUREMENT OF WORK IN PROGRESS

1. All measurements shall be in metric system. All the work in progress will be

jointly measured by the representative of Engineer-in-charge and contractor's

authorized agent.

2. Such arrangements will be got recorder in the measurements book by the

Engineer-in-charge or his authorized representative PMC/DE/AAE and signed

by the contractor or his authorized representative and signed by the

contractor or his authorized agent in token of acceptance. If the contractor or

his authorized agent fails to be present whenever required by the Engineer-in-

change or his authorized representative notwithstanding the absence of

contractor and these measurements will be deemed to be correct and binding

on the contractor.

3. Contractor will submit a bill in approved proforma in duplicate to the Engineer-

in-charge of the wok giving abstract and detail measurements of various items

executed during a months as mutually agreed. The Engineer-in-charge shall

verify the bill and the claim, as far as admissible.

CLAUSE 47 :TAXES, DUTIES ETC.

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

payment of any and all taxes including sales-tax, duties, octroi or entry tax

etc. not or herein after imposed, increased or modified from time to time in

respect of work and materials and all contributions and taxes for

unemployment, compensation, insurance and old age pension or annuities

now or hereinafter imposed by the central or State Government authorities

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

to the parsons employed by contractor.

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

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

employee relationship.

3. Contractor further agree to comply and to secure the compliance of all sub-

contractor with applicable central, state, municipal and local laws and

regulations and requirement.

4. Contractor also agrees to depend indemnify and hold harmless the owner from

any liability or penalty which may be imposed by central, state or local

authority by reasons any violation by contractor or subcontractor of such laws,

regulations or contractor or subcontractor of such laws, regulations or

requirements and also from all claims, suits or proceedings that may be

brought against owner arising under growing out of or by reasons of work

provided for by this contract by third parties or by central or State Government

authority or any administrative sub-division thereof.

5. At present there is no sales tax on work contract. Even if at later stage same is

imposed by Govt. the sales tax on work contract shall be borne by contractor.

6. The contractor shall pay royalty tax as per the rate decided by Government.

7. The contractor shall pay all taxes like sales, income tax, VAT,GST, Service tax

or any other tax which are in force time to time. VMC may not be any

way hold responsible for any such taxes. However VMC can ask to produce

the tax payment on the request from detail concern departments of

Government. orVMC.

CLAUSE 48 :MOBILIZATION

As per SBD , Section no-04 , Clause no

51.1 The Employer shall make advance payment (not to be paid less than two

installments except in special circumstances for which the reason to be

Recorded in writing) to the Contractor of the amounts stated in the

Contract Date by the date stated in the Contract Date, against provision

by the Contactor of an Unconditional Bank Guarantee in a form and by a

bank acceptable to the Employer in amounts and currencies equal to be

at least 110% of the advance payment. The guarantee shall remain

effective until the advance payment has been repaid, but the amount of

the guarantee shall be progressively reduced by the amounts repaid by

the Contractor. The Mobilization advance would be deemed as interest

bearing advance at an interest rate of 10 % to be compounded, quarterly.

• The Contractor is to use the advance payment only to pay for

Equipment, plant and Mobilization expenses required specifically for

execution of the Works. The Contractor shall demonstrate that

advance payment has been used in this way by supplying copies of

invoices or other documents to the engineer.

• The advance payment shall be repaid by deduction proportionate

amount from payments otherwise due to the Contractor, following the

schedule of completed percentages of the Works on a payment basis.

No account shall be taken of the advance payment or its repayment

in assessing valuations of work done, variations, price adjustments,

Compensation Events, or Liquidated damages

Contractor City Engineer,

Date Vadodara Municipal Corporation

ANNUAL RATE CONTRACT OF CIVIL WORK FOR

Special Conditions Of Contract

(A) Special conditions of contract shall be read in conjunction with General Conditions of

Contract Material and job Specifications, Drawings and other documents forming

part of this contract.

(B) Now withstanding the sub-division of the documents into the separate sections and

volumes every part of each shall be deemed to be supplementary to the

complementary of every other part and shall be read and into the contract so far as it

may be practicable to do so.

1. All the materials required for the contract should be brought and well preserved well

in advance. Samples of the same should be shown and got approved in the very

beginning. As soon as material are brought they should be examined, if material is

not as per specifications it should be removed from site.

2. EXTRA ITEMS : This specified in clause no. (11) of General Conditions of Contract :

No extra items be paid within the present scope of work with drawings or details,. If

however, the tenderer feels that there is any extra item, he may write in his

forwarding letter each item, its quantities and cost. For the purpose of comparison

and evaluation, this will be considered and award of work may be made or not made

considering these. Later on if any change is required by the VMSS before executing

the items, a claim be made by the contractor before execution of such extra item

pointing out the exact extra item as desired by them, total quantity and amount. This

item be executed only after written sanction of the VMSS, if the contractor still claims

it as extra item in absence of any such written claims before execution of that item or

if such claim is rejected, it will be deemed to be contained in regular items of tender

and not an extra one. Rate of extra item, if any, will be settled on the basis of

rates tendered by the contractor and VMSS schedule of rates in force in the current

year at the time of execution of item. Rate analysis will be prepared and if require

after inquiry of labour and materials, the rate shall be decided. This calculated rate

will be arrived after due rate analysis by considering market rates of the labour and

material with contractor’s profit added to such cost thus arrived at. Contractor shall

have to produce vouchers/ bill of payment to support the rate analysis.

3. Every tender should be accompanied with a time schedule of progress of work at

various stages. In case these stages are not followed up, actions as stated in the

contract will have to be taken to bring the progress of work as scheduled.

4. The tendered shall have to work as per the time schedule enclosed in the tender.

The progress of work will be required every month against target set in time

schedule. If it is found inadequate or falling behind, contract shall take all the

necessary actions as suggested by the “Executive Engineer” to accelerate the speed

of work and again back the lost time. In case of contractor not complying suggestions

and instructions of Executive Engineer to speed up the work, the VMSS will have a

right to take action as per General Conditions of Contract Clause (2) and (3).

5. SUB-LETTING:

(1) No sub-letting of work

i) No part of the contract nor any share of interest there in shall in any manner or

degree be transferred, assigned or sub-let by the contract directly or indirectly to any

person, firm or corporation whomsoever except as provided for in the succeeding

sub-clause without the consent in writing of the city engineer.

ii) Sub-contract for Temporary Works Etc.

The City Engineer may give written consent to sub-contract for the execution of any

part of the works at the site, being entered into by the contractor provided each

individual sub contract is submitted to the city engineer or his subordinates before

being entered into and approved by him.

iii) List of sub-contractors to be supplied::

At the commencement of every month the contractor shall supply to the Executive

Engineer list of sub-contractors or other persons or firms engaged by the contractor

and working at the site during the previous month with particulars of the general

nature of the sub-contracts of works.

iv) Contractor’s Liability not Limited by Sub- Contractors :

Not withstanding any sub-letting with such approval as aforesaid and not withstanding

that the Executive Engineer shall have received copies of any sub-contracts, the

contractor shall be and shall remain solely responsible for the quality and proper and

expeditious execution of the works and the performance of all the conditions of the

contract in all respect as if such sub-letting had not taken place and as if such work

had been done directly by the contractor.

v) VMSS may terminate sub-contracts :

If any sub-contractor engaged upon the works at the site executes any work which in

the opinion of the Executive Engineer is not in accordance with the contract

documents, the VMSS may be written notice to the contractor require him to

terminate such sub-contract and the contractor upon the receipt of such notice shall

terminate such sub-contract and dismiss the sub-contractors sub the letters shall

forthwith leave the works., failing which the VMSS shall have the right to remove such

sub-contractors from the site.

vi) No remedy for action taken under this clause :

No action taken by the VMSS under the clause shall receive the contractor or any of

his liabilities under the contractor or give rise to any right to compensation, extension

of time or otherwise, failing which the owner shall have the right to remove such sub-

contactors from the site.

6. Inconvenience to the Public :

The contractor shall not deposit materials on any site which will cause seriously

inconvenience to the public. The Executive Engineer may require the contractor to

remove any material which are considered by him to be a danger or inconvenience to

the public or cause them to be removed at the Contractor’s cost.

8. Supply of Materials :

The contractor is required to keep himself in touch with the Deputy

Executive Engineer for the day-to-day position of supply of materials to be supplied

by owner, so as to adjust the program of work accordingly in advance to avoid his

labour remaining idle on account of non-receipt of materials. No claim of extra

payment due to or arising form delay in supplying the materials by the Owner shall be

entertained, but a reasonable extension of period of contractor may be considered if

found justified. This is specified in clause no. (14) of General Conditions.

9. Water Supply to Contractors:

The contractors shall make his own arrangement of water required for

construction, site office and labour camp. Contractor shall make arrangement for

receiving, storage and distribution of water as per established norms and practice.

VMSS shall not entertain any claim of contractor for delays resulting on account of

inadequate or irregular water supply.

Certified plumbers should be employed by the contractor on the work for all the

temporary sanitary and plumbing works.

11. Rates to Include Everything :

The rates quoted in the tender should include all charges for hired, if necessary, of

any tools, and plant, temporary plumbing, water connection, maintenance of sanitary

and water connection, supply of water, cost of cisterns, overhead storage tanks,

sheds for materials, his labour and plant office and staff, charges for getting electric

connections and maintaining the same, clearing the site, watering rolling etc. as

specified. The rates shall be inclusive of octroi duty and any other duties and / or

levied, by the Government or public body or body corporate.

12. Supply of Plant and Equipment Materials and Labour

The contractor shall make his own arrangements to produce all construction plant

and equipment for his work. He shall also forward along with tender a list of type and

number of the equipment with their capacities in good working condition which he will

use at site to ensure completion of the work in specified time.

All materials, construction plants and equipments, etc. once brought by the

contractor on the site are not to be removed from there without the written authority

from the Executive Engineer. Also, the contractor shall have adequate stock of spare

parts for the equipment on the site and work shall not be delayed on this account.

Similarly all enabling work built by the contractor for the main construction undertaken

by him are not be dismantled and removed without the written authority from the

Executive Engineer. Thus contractor shall at his own expenses supply and provide

all the construction plant, temporary works materials both for temporary and for

permanent works, labour (including the supervision thereof), transport to or from the

site and in and about the works and other things of every kind required for the

construction, completion and maintenance of the works.

13. Rubbish and Clearance of Site :

The contractor shall clean away all rubbish, vegetation, roots, sods etc. and dump

them in the area indicated by the Executive Engineer and to his satisfaction. No

separate rate shall be allowed for the above. After the work is completed and a group

of structures handed over, the contractor shall clear the area surrounding the work of

all hutments, temporary structure and excess stores and remnants of building

materials such as brickbats, sand, kapachi, timber, steel etc. at no extra cost the

VMC and land brought to its original conditions.

The contractors shall inspect the site of work and ascertain site conditions and the

nature of soil to be excavated.

16. Execution of Works :

The contractor is responsible for the correct execution of his work in accordance with

the drawings provided to him and for all mistakes due to working to wrong levels or

center lines. When levels, center lines and bench marks of reference have been

once given to him by the Deputy Executive Engineer/ Assistant Engineer/ Additional

Assistant Engineer in writing, it is his responsibility to record, protect and maintain the

said marks, and to work to the same, and no complains can afterwards be attended

to for excess work done inconsequence of such levels not having been kept up and

maintained by the Contractor.

17. The contractor shall obtain the permission of the Executive Engineer before

installation of fixed construction machineries, connections from pipelines, locations of

temporary buildings including labour camps and storage materials, points of tapping

electricity supply of connection. Also the contractor shall not energize any approval

of the Executive Engineer.

18. The work shall be carried out in such a manner as not to interfere with or affect,

retard or disturb the progress of other works being executes by other agencies.

19. The contractor shall submit to the Executive Engineer periodically as required,

information regarding the progress of work being carried out by him.

20. The contractor shall provide at his own cost adequate closets and sanitary

accommodation for all his workman employed on the site. These shall be in

accordance with the rules and regulations of the owner. The lavatories and sanitary

accommodation shall be maintained in good sanitary, working and disinfected

21. The contractor shall not allow any visitors on the works except with the approval of

22. If the headquarters of the tenderer are elsewhere than in Baroda, he shall have a duly

authorized agent at site from the commencement of work until completion of the

building work as specified. Such agent shall be authorized to act on behalf of the

contractor, to accept services of notices under the contract and agree to extra,

omissions and varied items of work and rates for the same. Such agent shall

maintain on his staff a qualified engineer and such other personnel as may be

required for the efficient execution of the work. Any notice under the contract shall be

deemed to have been serviced on the contractor is served upon such agent. The

contractor to carry out any rectification under the terms of the contractor after the

work is completed. The contractor shall have the same or another duly authorized

are using carried out. This is specified in clause no. (15) of General Conditions.

23. The successful tenderer shall send a duly authorized competent representative at his

expenses to meet the City Engineer at his office whenever called upon in writing to do

so by the City Engineer and any instructions, directions or explanations given by the

City Engineer to such representatives shall be held to have been given to the

successful tenderer.

24. The contractor shall afford facilities to the Executive Engineer for a physical check of

such materials in stock in his godowns or at the site of work, as and when desired by

doing so the Executive Engineer.

25. During the progress of the construction work, if in the drawings, diagrams and the

sketches issued if any to the contractor for the purpose of execution of work any

omissions or inaccuracies are found by the contractor, he shall bring the same

forthwith to the notice of the Executive Engineer and get them clarified immediately.

26. Metal,Brick bats,Sand,Yellow earth,stone dust, cement, steel, water,

machine/equipment man-power and any other material required for construction shall

be produced by contractor from open market. Contractor shall identify potential

sources of material and shall make arrangements for adequate and time bound

supply of these items. Contractor shall have to get the supply sources and material

approved by Deputy Executive Engineer before bringing material to site. No

extension of time shall be granted for completion of work on account of delays

resulting due to non-availability of material, work, electricity etc. at site.

27. Use of animals is prohibited.

28. Construction must keep on competent and experienced and qualified Civil Engineer

with experience or as directed by the Additional City Engineer to get best

workmanship and day-to-day progress.

29. All the materials and the workmanship shall be the respective kind described in the

contract and in accordance with the Executive Engineer instructions and shall be

subjected from time to time, such tests as the Executive Engineer may direct. The

costs of such tests shall be borne by the contractor. No extra claim will be

entertained for the materials, transport, labour, curing, preservation and supply of test

samples of interests and size and shape as directed by the Executive Engineer.

30. The contractor shall maintain an uptodate record register of the materials issued to

him, if any. One other register may also be kept showing the quantum of work

executed day-to-day together with materials particularly cement used against each

31. A work order register which will also be called site instruction book will be kept and

maintained at site by contractor wherein the day-to-day instruction may be noted

down by the Dy.Executive Engineer or his subordinate in charge of work. The

violation of the instructions written by the Dy. Executive Engineer or his subordinate

in charge of the work will be severely viewed. The obedience and strictly followed up

of the instructions will be obligatory on the part of the contractor.

32. The VMSS shall also deduct from running bills submitted by the contractor an amount

equivalent as applicable from time to time of the total amount of each of such running

equivalent as applicable from time to time of the total amount of each of such running

bills towards income tax at source under the relevant provisions of Income Tax Act.

33. The contractor shall indemnify the VMSS and every member and officer and

employees of the VMSS against all the actions, claims, demands, costs and

expenses whatsoever arising out of or in connection with the matter referred to in the

above clause. The contractor shall be liable to reimburse the VMSS and keep

indemnify the employer in respect of all actions, claims, procedures, demands, cost

expenses which the VMSS may have to incure on account of default of the contractor

under the above clause.

34. The VMSS will be entitled to deduct from the bills to be paid to the contractor any

sum or sums payable by the contractors and which sum the VMSS in required to pay

as a principle employer on account of default of the contractor in respect of all

liabilities referred to in above clause.

35. Force Majure

If the performance of the agreement arising out of the acceptance of the tenderer,

quotation of the tenderer by the VMSS, is prevented or delayed or interfered with by

any act of nature, wars, act of enemy, blockades, embargo, insurrections, riots,

political or commotions, strikes, lockouts, acts of Government or other industrial

disturbance, explosions or any other cause whether enumerated or otherwise not

within the reasonable control of the tenderer or VMSS, all of which by the exercise of

due diligence is unable to foresee or overcome the Tenderer or the VMSS shall not

be held responsible for the non-performance of such agreement or prevention, delay

interference or suspension in the performance of such agreement any thereof should

bone or both the parties to such agreement be prevented from fulfilling the

contractual obligation by a state of force.

Majeure lasting continuously for a period of three months, both the parties shall

consult with other regarding the future implementation of such agreement.

For the force Majeure that lasts for less than three months, the agreement shall remain

as it is and suitable period equipment to time of force Majeure shall be added in to

total time limit for performance of the contract.

37. Sole Arbitrator

Municipal Commissioner, VMSS shall be the sole Arbitrator. For any disputes &

differences of any kind arising out of or in connection with the contractor or the

carrying out of the works during the progress of the works or after their completion

shall be referred to & settled by Municipal Commissioner, VMSS. The decision of the

Municipal Commissioner shall be final & binding to both parties.

The contractor shall take full responsibility for loss damages and the care plant and

works until it is delivered to site, erected, commissioned and taken over by

the owner. Without limiting such responsibility, the contractor shall, in the joint

names of the contractor and the owner, to protect himself and the interest of

the owner, insure the plant and each part thereof for their full value until they

have been taken over. The contractor alone has to bear the premium / other

expenditure for such insurance. Such insurance shall cover the equipment

against loss, damages or destruction by fire, lighting, earthquake, thefts,

perils of the sea of by any cause whatsoever, throughout the duration of the

contract. The contractor shall deposit the policy or policies and receipts for

the premium paid with the owner. All money received under any policy shall

be applied in or towards the replacement and repair of the loss or damage.

The insurance must include provision for payment of foreign currency as may

be necessary in respect of any claim.

38. Advance Payment

The Employer shall make advance payment (not to be paid less than two

installments except in special circumstances for which the reason to be

Recorded in writing) to the Contractor of the amounts stated in the Contract

Date by the date stated in the Contract Date, against provision by the

Contactor of an Unconditional Bank Guarantee in a form and by a bank

acceptable to the Employer in amounts and currencies equal to be at least

110% of the advance payment. The guarantee shall remain effective until the

advance payment has been repaid, but the amount of the guarantee shall be

progressively reduced by the amounts repaid by the Contractor. The

Mobilization advance would be deemed as interest bearing advance at an

interest rate of 10 % to be compounded, quarterly.

T.P.I. AGENCY H # & - *.

- ., . " ) * P.W.D. MANNUALs # & *.

9. 9 O S c. 9CCC/-

>. 9F >C S /. ;CCC/-

B. >C #S /. =CCC/-

Minimum Wages Act, )% ,]% 2 2 . m~ # -

9; ' N # & * * # TERMINATE AND

BLACKLIST = * *.

" ) * P.W.D. MANNUALs # & *.

9F) & d ! . h &1 Z ( 2 ! Performance Guarantee bond

period D d ! & *. U * & * .

9૯) %0 General condition of contract Clause No.38 SBD Quality Control defect

Liability Period Clause Clause 33(a) and (b) # & Q! % Q! # !

# Q! M &1 ? / L0 & defect Liability Period

(Ref. Clause of general condition of contract)

ANNUAL RATE CONTRACT OF CIVIL WORK FOR NORTH ZONE VMC

(TO BE EXECUTED ON Rs.300 Stamp)

Where as MIS.___________________________________have been awarded a Contract

dated ________________________________for ANNUAL RATE CONTRACT OF CIVIL WORK

FOR NORTH ZONE VMC _______________________________________as specified in the

tender by the Vadodara municipal corporation andWhere as the said

__________Bank to provide a PERFORMANCE GUARANTEE bond to the VMSS for the work

Where as we, the _____________________Bank have agreed to provide such PERFORMANCE

GUARANTEE bond.

Now THEREFORE we the _____________________________Bank provide the following

Performance Bank Guarantee by way of this bond to the VMSS.

1. The contract value of the contract prbvided M/S.____________________by the VMSS is

Rs.___________________ This guarantee in the nature of PERFORMANCE GUARANTEE is

provided so as be ensure and indemnify the VMC for the full and proper performance of the

contract by M/S._____________ the __________________bank hereby indemnify the VMC for all

losses and/or damages to the project which would be laid or repaired by

M/S.___________________ and such PERFORMANCE GUARANTEE would include any

damage to Roof Covering & Trusses in the said complex are the part & pacel of the tender which

may be suffered by the VMC, as a result of poor workmanship, or at all. By way of this bond.

We the ________________________bank agree and promises that in the eventuality of the

contractors M/S. _____________________not repairing or reminding the problem, loss or damage

to the Roof Covering & Trusses in the said complex are the part & pacel of the tender. we shall

indentify and pay the VMC such expenses, losses and damages that may be incurred by the VMC

as a result of the VMC getting the work done itself or from other source.

1. WE ____________________Bank agree and undrestand that the decision as to whether

any losses or damages to the Roof Covering & Trusses in the said complex also are the part &

pacel of the tender have taken place or not and or whether the work suffers from poor

workmanship or not will be taken by the commissioner of VMC and on the Commissioner's

decision regarding such losses or damage or defect whatsoever being so notified by the VMC to

us. We shall immediately take steps and ensure that M/S __________________________

faithfully and diligently carry out the necessary remedial steps to the full satisfaction of the

commissioner of VMC . The opinion of the Commissioner as to whether full and complete

remedial steps, to the full satisfaction of the Commissioner of VMC has been taken or not will be

that the Commissioner of VMC For the purpose of arriving at such decision as aforesaid, it will be

open to the Commissioner of VMC to - take assistance of such technical people as may be

available and it will be also open to the Commissioner of VMC in case he so desires, to delegate

this power to a subordinate, like the Additional City Engineer, to take appropriate decisions and

the decisions referred to above will be deemed to be properly taken and as if taken by the

Commissioner of VMC. In the eventuality of M/S. ______________ not taking remedial action to

the atmost satisfaction of the Commissioner of VMC the VMC, will be entitled to get the work done

itself or from other sources. On the Commissioner of VMC notifying to us the total expenses

incurred for the purpose we hereby expressly undertake the pay to VMC the- said amount

forthewith and in any case not later tha 7 days from such itimation. We shall accept as final and

binding the amount indicated by the Commissioner of VMC and our obligation to pay such amount

will be a continuing obligation irrespective of any dispute or difference that may arise between us

and M/S. _________________________of between VMC and

3. The contract value is Rs. ___________________This PERFORMANCE GUARANTEE

is limited to 5% of the said contract value and accordingly it comes to Rs. ______________ our

liability will in all cases be limited to Rs. _________________.

4. We agree and undertake that this PERFORMANCE GUARANTEE will be valid for a period

of 5 years from the date issuance of completion certificate to M/S. _____________________or

The commissioner of VMC will notify such completion date to us. In case no such completion date

is notified, this PERFORMANCE GUARANTEE will be valid for 5 years from the date of execution

of this document. This PERFORMANCE GUARANTEE will come into effect from such completion

date. In case however, the contract consist of several parts it will be open to the Commissioner to

indicate separate completion dates for separate parts, and to simultaneously indicate a break up

of the contract value equivalent to the separate parts in, which case the PERFORMANCE

GUARANTEE to the extent of the different contract values will come into operation on such

different completions date. It is expressly understood on that in considering this period of 5 years,

the date by which the Corporation intimates the Bank about the losses, damages or problem as

the case may be, shall be considered and as long as such intimation is within a period of 5 years

from the completion date, we the _______________Bank will be liable irrespective of whether the

remedial actions or lack there of has taken place after the period of 5 years.

5. We ______________Bank agree that the PERFORMANCE GUARANTEE

Which is a continuing guarantee, will be binding and enforeceable against us irrespective of any

difference or dispute between VMC and M/S. _________________ or between us and

____________and irrespective of any change or variation or extension of

time or any for bearance or waiver made or granted by VMC to M/S.

6. In case any disputes arises as to the interpretation or implementation of this

PERFORMANCE GUARANTEE THE MATTER shall be referred to the sole arbitration of the

commissioner of VMC, whose decision in the matter will be final. In case any recourse to any

court .of law is necessitated. the appropriate Civil Court at Vadodara alone will have jurisdiction

This performance Guarantee shall be from Nationalised Bank only.

GENERAL MATERIAL SPECIFICATIONS FOR BRAND NAMES TO BE USED

FOR THE EXECUTION WORKS

GENERAL MATERIAL SPECIFICATIONS FOR BRAND NAMES TO BE USED FOR

THE EXECUTION WORKSLIST OF APPROVED MAKES

Sr. No. ITEMS APPROVED MAKE

Ultra-Tech, Ambuja, JK Laxshmi, Jaypee,

1 CEMENT(OPC) Hathi,Sidhee,Binani,sanghi,kamal,wonder,hi bond

Essar, NRE, Electrotherm, National,Tata, Jindal,

2 TMT REINFORCEMENT (FE-415)

Sail,hytuff,Gallalant,German,Nilkanth, Kothi Gold,

Ultra Tuff, GOD, Shree om, Vibrant, Rudra, Utkarsh

3 STRUCTURAL STEEL TATA Structure, Sail, Vizag, Essar

Good quality bricks confirming relevant I.S.CODES (I S

5 SAND For Masonry & Plaster work Zone - (Orsang River).

6 COURSE AGGREGATE SevaliyaTimba Region

7 RMC LA- FARGE, Ultratech, JK Laxshmi

FINISHING / PAINT

8 ACP SHEET EUROBOND, FLEXI-BOND, ALUDECOR

9 STRUCTURAL GLAZING EUROBOND, MODIGAURD, SAINTGOBIN

ACRYLIC EMULSION PAINT (in

door) ASIAN,JOHNSON, BURGER, NEROLAC

11 ACRYLIC EMULSION PAINT ASIAN, JOHNSON, BURGER, NEROLAC

12 SYNTHETIC ENEMAL

ASIAN, BURGER, NEROLAC

TEXTURE EXTERIOR PAINT REVA,NOVA,ASIAN OR EQUIVALENT

13 Putty/White cement BIRLA, J.K. WHITE,burger, Asian

14 ANTI-INSECT PAINT PEDILITE

ZYCOSIL, FOSROC,Dr. Fixit, Sikka,Laticate,CICO,

15 WATER PROOFING CHEMICAL

Fairmate,pidilite

B'Flex-50, TALSTAR,BIO,Thyodin by HOECHEST,Lyntric

16 Anti termite Treatment

by bayer India ,NOCIL (5 year warranty)

JOHNSON, NITCO , ASIAN,

17 VITRIFIED TILES KAJARIA,EURO,CERA,SOMANY,AGL,VERMORA, AGL

JOHNSON, NITCO , ASIAN,

18 GLAZED AND CERAMIC TILES KAJARIA,EURO,CERA,SOMANY,AGL,VERMORA and

JOHNSON, NITCO , ASIAN,

KAJARIA,EURO&EQUIVALENT and Equivalent

Century, Green ply

PLYWOOD/BLOCK BOARD,

20 ,Duro,KITPLY,Formica,anchor,neolyxlaminated,national

Termite Proof & water Proof

21 COMMERCIAL GRADE LAMINATES

22 WOOD (VISIBLE) GHANA TEAK WOOD(Without eye & clear grains)

BORDER PATTY FRAMING

23 GHANA, TEAK WOOD

24 ALLUMINIUM SECTION JINDAL/HINDALCO./ BANCO/INDAL

25 PVC DOOR SHUTTER SINTEX, NILKAMAL, CELLO

POLYPROPYLENE FIBER

REINFORCEMENT FOSROC, SIKKA, RECRON, ROFF, BASF

MODIGAURD, SAINT GOBIN, HNG

GLASS,TATA,PILKINGTON

28 HINGES, STOPPERS, KNOBS Of exclusive & good quality(Should be of SS)

29 HANDLES Of exclusive & good quality(Should be of SS)

30 LOCKS Godrej, Europa ,Supreme,Golden,Harrison

PLUMBING AND SANITARY

31 M.S.TUBES TATA, SAIL, VIZAG, JINDAL OR EQUIVALENT

32 G.I. PIPE Tata,Jindal,Suryaprakash, ASIAN

FINOLEX, ASTROL, ASHIRWAD, SUPREME, PRINCE, jain,

33 CPVC PIPE FITTINGS

FINOLEX, ASTROL, SUPREME, PRINCE, , jain,

34 UPVC PIPE FITTINGS

35 SANITARY VESSELS JAGUAR, CERA, JOHNSON, HINDUSTAN,PERRYWARE

SANITARY FIXTURES (BIB COCK,

36 STOP CASE, SPRAYER,FLUSH

JAGUAR, CERA, HINDUSTAN

37 WATER TANK EURO (Zero Bacteria), Syntex Supertank, RENO

38 Valves Durga,kirlaskar,IVC,leaderKartar

39 Sinks NIrali, Navkar

If in case of non avaibility of Specified brand of Material, necessary approval is to be

taken from concern authorities of VMC.All the Material to be approved and tested as

per latest relevant IS, prior to execution the work Material not mentioned in above

list should confirm to latest relevant IS revision

Signature of Contractor Date VMC