Providing and Applying colour work on Newly constructed/Existing Road Divider, Chanelizer,Island,Guard Stone Kerb and Grill inCentral zone.

Name of work:Providing and Applying colour work on Newly

constructed/Existing Road Divider, Chanelizer,

Island,Guard Stone Kerb and Grill inCentral zone.

Tender (On Line) Notice No. ACE/CZ/01/2026-27

VOLUME-I : TECHNICAL BID

DOWNLOAD OF TENDER DOCUMENTS : From 01/05/2026 to 15/05/2026 upto

FROM website smc.nprocure.com 17.00 hrs.

DATE OF PRE-BID CONFERENCE : Bidder shall have to post queries on Email

address [email protected] on

or before Dt.08/05/2026

LAST DATE OF SUBMISSION OF : On or Before 15/05/2026 upto

ONLINE TENDER ( soft copy) hrs

LAST DATE OF SUBMISSION OF : Upto 25/05/2026, to Chief Accountant,

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

DOCUMENTS IN HARD COPY R.P.A.D./Speed Post upto 17.00 hrs.

Opening of Online technical bid : Dt.16/05/2026, 11.00 hrs. (probable

Opening of tender fee, EMD and other : Dt.26/05/2026, (probable date)

documents etc. in hard copy

ESTIMATED AMOUNT : Rs.55,35,690.00+G.S.T.

DOCUMENT FEES : Rs. 2832/-

TENDER TO BE SUBMITTED TO:

THE CHIEF ACCOUNTANT,

SURAT MUNICIPAL CORPORATION, MUGLISARA

SURAT MUNICIPAL CORPORATION

TENDER DOCUMENT

PARTICULARS PAGE NO.

1. NOTICE INVITING TENDER

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

during last 7 years.)

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

3. CONTRACTOR TO PLEASE READ THIS CAREFULLY

4. DECLARATION FORM

5. INSTRUCTION TO TENDERER

6. GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE FOR CONTRACTOR

7. GENERAL CONDITIONS OF CONTRACT

RESPONSIBILITY OF CONTRACTOR UNDER CONSTRUCTION AND DEMOLITION

WASTE ( C & D WASTE) RULES

9. SPECIAL CONDITIONS OF CONTRACT

12. CONDITION FOR THE WATER SUPPLY AND ELECTRIC SUPPLY

13. IMPORTANT INSTRUCTION-A TO THE CONTRACTOR

14. IMPORTANT INSTRUCTION-B TO THE CONTRACTOR

15. SPECIAL NOTE

16. SPECIFICATIONS OF MATERIALS

17. GENERAL TECHNICAL SPECIFICATION FOR THE BUILDING WORKS

18. ITEMWISE DETAILED TECHNICAL SPECIFICATIONS

19. APPROVED VENDOR LIST

SURAT MUNICIPAL CORPORATION

1.0 NOTICE INVITING TENDER

(A) RECEIPT AND OPENING OF TENDER :

Online Tenders will be received from the established and reliable contractors From 01/05/2026 to

15/05/2026 upto 17.00 hours on website smc.nprocure.com. The tender received after due time and date

specified will not be accepted.

(B) Providing and Applying colour work on Newly constructed/Existing Road Divider,

Chanelizer, Island,Guard Stone Kerb and Grill inCentral zone.

1.ESTIMATED COST : Rs. 55,35,690.90/-

2.EARNEST MONEY DEPOSIT : Rs. 55,500/-

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

4.Document Fee : Rs.2832/-

5.Registration required : ‘D’ class

(C) OPENING OF TENDERS:

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

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

upload relevant documents as required /mentioned in the technical bid in Soft Copy (By

Scanning) .The tenders will be opened in two stages i.e Technical Bid and Commercial Bid.

(D) PURCHASE OF TENDER DOCUMENTS :

Tender Documents can be downloaded from smc.nprocure.com from Dt. 01/05/2026 to

Dt.15/05/2026 up to 17.00 hrs.

Tender documents fees of Rs. 2832/- per set which is required for submission of tender towards the

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

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

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

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

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

through online mode (by scanning) while uploading the bid. This submission shall

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

Accordingly, offer of those shall be opened whose E.M.D. & tender (bid) fee is

received electronically. However, for the purpose of realization of D.D. bidder shall

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

Accountant, SMC within 7 days from the last date of online submission of the bid as

per tender notice.

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

account department of Surat Municipal Corporation within 7 days from the last date

of online submission of the bid for the first time as mentioned below.

Sr. No. Tender Amount Penalty Amount in

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

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

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

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

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

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

Corporation and/or bidder will not submit the demand draft in original for the

second time and after, Penaltative action shall be taken for abeyance of registration

and cancellation of E-tendering code for 6 (six) months.

 Any documents in supporting of bid shall be in electronic format only through

online (by scanning) & hard copy will not be accepted separately.

(E) CONTRACT PERIOD :

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

10th Day of issuance of work order.

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

Instructions to Tenderers, including requirements in the Contract Documents.

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

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

(c) Each tender must be accompanied by the Tender Security (Earnest Money Deposit)

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

of Notice of award.

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

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

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

(g) The Surat Municipal Corporation may withhold issuance of the Notice of proceed for a

period not exceeding fifteen days after the date of execution of the contract agreement.

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

Agency in whose name tender has been issued. Transfer of tender documents to any other

party is prohibited.

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

online bidding process.

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

Act, 1952 and are required to comply the applicable provisions of said statute regularly and

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

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

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

produced, the bills will not be released.

(G) RECEIPT OF TENDER DOCUMENTS :

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

a. Document fees and EMD Details

b. Commercial Bid

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

d. Bank solvency

f. GST Registration

g. Power of attorney

h. Partnership deed in case of Partnership firm.

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

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

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

a. Tender fees in prescribed format

b. Earnest Money Deposit in prescribed format

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

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

Demand Draft for E.M.D & Tender fee shall be submitted in electronic format only through online

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

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

& Tender fee is received electronically. However for the purpose of relization of D.D bidder shall

send the D.D in original through RPAD/ speed post so as to reach to Account department (Main

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

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

for abeyance of registration & cancellation of E-Tendering code for 1 year. Any documents in

supporting of bid shall be in electronic format only through online (by scanning) and electronic

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

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

will hold the tender liable for rejection

(H) Tender Validity Period :

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

calendar days from date of opening of the price bid for this work and the Tenderer shall not be

allowed to withdraw or modify the tender offer on his own during the validity period.

(I) Rights Reserved :

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

lowest or any other or all tenders or part of its. To waive any informality or irregularity in any

tender, which in the opinion of the Surat Municipal Corporation does not appear to be in its best

interest and the tenderer shall have no cause of action or claim against the Surat Municipal

Corporation or its officers, employee, successors or assignees for rejection of this tender.

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

proceed, after execution of the contract agreement by the successful Tenderer. The Surat Municipal

Corporation is not obliged to give reasons for any such action.

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

in the terms and conditions on his own in this tender, then The Surat Municipal Corporation shall

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

Money Deposit in full. Such Tenderer may be disqualified from tendering for further works under

the jurisdiction of The Surat Municipal Corporation.

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

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

Executive Engineer,

Surat Municipal Corporation.

Signature of the Contractor With seal.

ANNEXURE-I TO II FOR PRE-QUALIFICATION

TO BE FILLED IN BY TENDERER

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

Tenderer during last 7 years.

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

No. Completion months to completion

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

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

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

work" from relevant authority.

Please Fill above details attached separate sheet.

Signature of the Contractor

Performa for declaration regarding work on hand with the tender:

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

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

place work order completion any

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

Signature of the Contractor

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

Please Fill above details attached separate sheet.

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

and correct. I also understand that in case of wrongful/false information, corporation is entitled to

take any civil & criminal punitive action against me / us.

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

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

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

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

public limited institutions, firm or corporation to urnish pertinent information deemed necessary and

requested by the SMC to verify our statements of our competence and general requtation etc.

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

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

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

investigations to verify the statements, documents, and information submitted in connection with

this bid and to seek clarification from our bankers and clients regarding any financial and technical

aspects. This Affidavit will also serve as authorization to any individual or authorized representative

to any institution referred to in the supporting informantion, to provide such information deemed

necessary and requested by representative of Surat Municipal Corporation to verify statements and

information provided in the Tender or with regard to the resources, experience and competence of

Signed by the Authorize signatory of the firm

Title of the office

Name of the firm

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

UNDER TAKING BY THE TENDERER FOR NOT BLACK LISTED

of Tenderer) has not been black listed by any Government/Semi Government/Public Sector

Undertaking/Public limited and not has been banned/suspended business dealings with the said firm.

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

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

SIGNATURE AND SEAL OF THE CONTRACTOR:

SURAT MUNICIPAL CORPORATION

CONTRACTOR TO PLEASE READ THIS CAREFULLY

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

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

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

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

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

form of a crossed demand draft of a local Bank drawn in favour of the Municipal Commissioner.

Earnest Money by cheque shall not be accepted.

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

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

documents as per Govt- resolution..

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

accompany the tender.

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

Municipal Corporation, CPWD etc.

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

to be executed in each case must accompany the tender.

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

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

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

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

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

the `rates' column, the descriptions in words shall prevail.

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

works as a result of worng multiplication of the unit rate and quantity, the units rate shall be

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

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

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

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

originally tendered and considered for accetpance.

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

as per insiruction No.1 to 9 above are not compleied with before submitting the tender. Also

please read carefully the face sheet and "General Rules and Direction for the suidance of

contractor" of his form.

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

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

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

the work or any conditions or correction made in any code or made of Schedule-`B' or

specifications.

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

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

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

(v) The tenderer or in the case of a firm, each partner or person holding the power of attorny

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

the spacefor the purpose

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

equal to 20% of the amount of the work put to tender will have to be produced alongwith the

tender or a certificate regarding the borrowing capacity if the society issued by the leagal

Assistant, Directorate of Cottage Industries will have to be produced alongwith the tender.

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

requirement occuring in one is as binding as through occuring in all, they are intended to be

mutually explantory and complementary and to described and provide for a complete work.

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

document, the following order or precedence should apply:-

(a) Dimension & quantities :-

(ii) Schedule-B of the tender form.

(iii) Specification.

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

to seeled dimensions.

(b) Description :

(i) Scheudule-B of the tender form.

(ii ) Drawings.

(iii) Specifications.

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

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

modern practice is to followed. The contractor should forthwith comply with such instructions.

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

specification and the Engineer in charge shall make such corrections and interpretation as

necessary to fulfil the intent of the Plans and specifications.

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

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

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

of the work and the period of maintance.

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

corporation during the course of execution the same will supersede previous plans

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

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

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

accordingly as per the actual measurement of the particular item.

Executive Engineer

Surat Municipal Corporation.

DECLARATION FORM

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

with the local situation regarding materials, labour and other factors pertaining to the work

before submitting this tender.

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

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

Executive Engineer,

Surat Municipal Corporation.

Contractor Signature with

INSTRUCTION TO TENDERERS

IT-01 GENERAL :

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

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

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

Corporation will receive tenders forthe work Providing and Applying colour work on Newly

constructed/Existing Road Divider, Chanelizer, Island,Guard Stone Kerb and Grill in Central

zone.per the specifications in the tender documents. The tenders shall be opened in presence of

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

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

the opinion of the Corporation does not appear to be in its best interest, and the tenderer shall have

no cause of action or claim against the corporation or its officers, employees, successors or assignees

for rejection of his tender.

IT-03 LANGUAGE OF TENDER :

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

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

the tender liable to reject.

IT-04 QUALIFICATIONS OF TENDERERS:-

(A) Tenderer shall be required to submit the enlisted documents along with Technical Bid,

E.M.D. and tender fees. If documents are insufficient or it does not match the required

criteria mentioned below, then the Price Bid of the tenderer shall not be opened.

Mainly tenderer shall fulfill following the pre-qualification.

(a) QUALIFYING CRITERIA OF BIDDER

Documents required for

Sr. No. Criteria

complete submission

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

years, ending 31/03/2026, should be at least 30% of Chartered Accountant along with

the estimated cost (i.e. 30% of Estimate Amount i.e, copy of Balance sheets.

16.60 lacs ) An attested copy of annual turnover for

last 3 years should be enclosed.

1.2 Solvency Certificate from bankers of schedule bank /

Recent/Fresh Solvency certificate from bankers of nationalized bank

schedule bank / nationalized bank. Minimum value of

solvency shall be 20% of estimated cost of the Tender

(i.e. 20% of Estimate Amount i.e, 11.07 lacs )

Tenderer has to submit higher amount of bank

solvency if so desired by Commissioner. (Solvency

certificate should not be older than One year from

Last date of online Tender submission.)

2.0 Registration

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

government, semi government organization

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

Sr. Documents required for complete

3.0 Relevant Experience

3.1 Similar works during last 7 years

3.1.1 Three similar completed works, each costing not less than

amount equal to 40% of the estimated cost put to the

tender (i.e. 40% of Estimate Amount i.e, 22.14 lacs )

Or Attested copies of certificates from

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

amount equal to 50% of the estimated cost put to the completion of the works.

tender (i.e. 50% of Estimate Amount i.e, 27.67 lacs ) Only Govt. or Semi Govt. Works

Or shall be considered for Similar

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

amount equal to 80% of the estimated cost put to the

tender. (i.e. 80%of Estimate Amount i.e 44.28 lacs )

4.0 Other details

4.1 Black list.

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

defaulter / barred participating in tenders by any of government AFFIDAVIT

agencies / semi government agencies or any other equivalent agencies

during last 5 years then in that case, the Bidders will be disqualified

and will not be allowed to participate in the bidding process, though

bidder satisfies all the qualification conditions mentioned above. In

this regard, the decision of the Surat Municipal Corporation will be

final and binding to Bidder.

4.2 Works on hand & Litigation ANNEXURE-I & II

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

going projects along with stage of litigation, if so, against the

Employer / Governments.

NOTE:- (1) Similar work shall mean Colour work of Footpath, Divider, Kerb and B.R.T.S

Grill etc and any type of colour work.

(a) Turnover during last 3 years, ending 31st March of previous financial year should be

atleast RS. 16.60 lacs. An attested copy of annual turnover for last 3 years should be

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

11.07 lacs. Tenderer has to submit higher amount of bank solvency if so desired by

Commissioner. (Solvency certificate should not be older than One year from Last

date of online Tender submission.)

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

Municipal Corporation, CPWD etc.

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

Annexure-I and attested copies of certificates from head of the office concerned for

completion of the works.

Following enhancement factors will be used for the cost of works executed and financial

figures to amount base for the value of the works completed in India.

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

Financial Year Multiplying factor

Immediate last year of the assessment year*

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

 Bidder should indicate actual figures of cost and the amount for the work executed in

Statement-A without accounting for the above mentioned factors.

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

prescribed performa as per Statement-B. Attested copies of work orders, interim certificates

if any shall also be attached as supporting documents.

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

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

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

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

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

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

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

disqualified if they have

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

submitted in proof of the qualification requirements; and /or

 During verification if it is found from client that of poor performance such as

abandoning the works, for financial failure or abnormal delay in work etc.

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

activities of corruption, coercive practice or debarred/blacklisted in last 05 years by

Any Govt. / Organization in respect of performance of Bidder, SMC authority

requires that bidders under this contracts, observe the highest standard of ethics

during the procurement and execution of such contracts.

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

corrupt or fraudulent practices in competing for this contract or in past history and

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

India/ Semi Government/ PSU in last 05 years.

IT-05 TENDER DOCUMENTS :

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

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

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

and provide for complete works.

IT-06 EXAMINATION BY TENDERERS :

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

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

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

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

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

determinations with the requirements of the Tender Documents.

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

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

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

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

The Tenderer is required to complete :

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

duly signed and stamped.

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

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

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

IT-07 EARNEST MONEY DEPOSIT:

A. The Tender shall be accompanied by of Earnest Money Deposit Rs. 55,500/-The tenderer shall

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

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

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

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

The instruments for A. The Tender shall be accompanied by of Earnest Money Deposit Rs.

55,500/-The tenderer shall pay Earnest Money Deposit by pay order/demand draft issued in

favour of Commissioner, Surat Municipal Corporation, Surat of below mentioned banks only. The

Earnest Money Deposit in the form of FDR or cheque shall not be accepted. The tenderer shall

have to mention details of Earnest Money Deposit on the seal cover of Earnest Money

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

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

Branch of the said banks only.

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

- All Nationalized Banks

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

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

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

(2) A U Small Finance Bank

(3) Bandhan Bank

(4) Barclays Bank

(5) City Union Bank

(7) DBS Bank India Limited

(9) Equitas Small Finance Bank

(10) ESAF Small Finance Bank

(11) FEDERAL Bank

(14) ICICI Bank

(16)IDFC First Bank

(17) Jammu and Kashmir Bank

(18) Jana Small Finance Bank

(19) Karnataka Bank

(20) Karur Vysya Bank

(21) Kotak Mahindra Bank

(22) South Indian Bank

(23) Standard Chartered Bank

(24) Tamilnadu Mercentile Bank

(25) Utkarsh Small Finance Bank

(27) Ahmedabad Mercantile Co-Op. Bank

(28) Nutan Nagrik Sahakari Bank Ltd.

(29) Rajkot Nagrik Sahakari Bank Ltd.

(30) Saraswat Co-Operative Bank Ltd.

(31) SBPP Co-operative Bank Ltd.

(32) SVC Co-Operative Bank LTD.

(33) The Cosmos Co-op Bank Ltd.

(34) The Gujarat State Co-Operative Bank

(35) The Mehsana Urban Co-Op. Bank

(36) The Surat District Co-Operative Bank

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

(38) The Kalupur Commercial Co-Op. Bank

(39) The Panchmahal District Co-operative Bank

(40) The Baroda District Co-operative Bank

(41) Baroda Gujarat Gramin Bank

(42) Saurashtra Gramin Bank

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

successful tenderer fails to accept the contract and fails to submit the Performance

Guarantee Bond to the owner as stipulated in this tender documents within ten days after

receipt of notice of award of contract. In such case owner may disqualify the tenderer

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

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

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

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

IT-08 INCOME TAX CLEARANCE CERTIFICATE

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

contractor shall give zerox copy of the PAN card.

IT-09 PREPARATION OF TENDER DOCUMENTS :

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

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

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

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

B. Technical Bid shall be accompanied by the prescribed tender security bond and other required documents

and drawings. All witnesses and sureties shall be persons of status and probity and their full names,

occupations and address shall be stated below their signatures. All signatures in the Tender Documents

shall be dated.

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

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

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

reasons for his decisions.

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

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

IT 10 SUBBMISSION OF TENDERER DOCUMENT

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

 Earnest Money Deposit as mentioned in the Tender.

 Tender Fees as mentioned in the tender

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

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

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

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

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

Successful bidder upon intimation from Surat Municipal Corporation.

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

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

format through online mode (by scanning) while uploading the bid. This submission

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

Accordingly, offer of those shall be opened whose E.M.D. & tender (bid) fee is received

electronically. However, for the purpose of realization of D.D. bidder shall send the

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

within 7 days from the last date of online submission of the bid as per tender notice.

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

account department of Surat Municipal Corporation within 7 days from the last date

of online submission of the bid for the first time as mentioned below.

Sr. No. Tender Amount Penalty Amount in

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

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

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

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

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

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

Corporation and/or bidder will not submit the demand draft in original for the second

time and after, Penaltative action shall be taken for abeyance of registration and

cancellation of E-tendering code for 6 (six) months.

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

hard copy will not be accepted separately.

(i) COVER-1 : Technical Bid

Providing and Applying colour

1.E.M.D and Tender Fees for the work of

work on Newly constructed/Existing Road Divider, Chanelizer,

Island,Guard Stone Kerb and Grill in Central zone along with other

Documents in Hard Copy upto Dt. 25/05/2026 17:00 hrs. Also mention the name of

tenderer, address, tender notice number etc. on the cover.

2.(ii) PRICE BID Price bid for the work of Providing and Applying colour work

on Newly constructed/Existing Road Divider, Chanelizer, Island,Guard Stone

Kerb and Grill in Central zone.shall be submitted online.

3.The name of work to be written on cover shall be Providing and Applying colour

work on Newly constructed/Existing Road Divider, Chanelizer, Island,Guard

Stone Kerb and Grill in Central zone.Also mention the name and the address of

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

Surat Municipal Corporation, Muglisara, Surat – 395

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

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

(a) The tender shall be accompanied by Earnest Money Deposit of Rs.55,500=00 The tenderer

will pay Earnest Money Deposit by Pay Order/Demand Draft issued in favour of

"Commissioner, Surat Municipal Corporation, Surat" by Nationalized Bank.

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

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

relevant Page of the tender documents.

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

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

and experience.

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

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

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

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

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

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

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

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

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

Muglisara, Surat-395003 upto 25/05/2026 up to 17:00 hrs.

The same will be opened probably on the 16/05/2026, 18:00 hrs (Technical Bid- Soft Copy) (Probable) &

26/05/2026, 16:00 hrs. (Technical Bid-Hard copy) onwards (Probable) in the presence of the tenderers,

who shall remain present in the office of "Tender opening officer, Surat Municipal Corporation, Surat. Late

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

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

Tenders received by Registered Post A.D./ Speed Post after the time and the date specified in the tender

notice shall not be received by the client from the postman. Such tenders if received will not be opened and

will stand rejected.

6. Tender shall stand rejected if:

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

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

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

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

assigning any reason for the same.

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

5. Stipulates his own conditions.

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

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

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

Technical Bid (Cover-1).

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

10. Does not attached the document mentioned.

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

for carrying out the work or any other condition.

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

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

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

tender documents failing which the tender is liable for rejection.

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

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

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

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

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

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

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

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

Surat Municipal Corporation, Surat.

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

the work order for the said work from SMC.

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

desired by the Municipal Commissioner.

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

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

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

of extra taxes on the bills submitted by them.

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

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

any reason thereof.

IT-11 TENDER VALIDITY PERIOD :

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

from the date of opening of price bid and that the tenderer shall not be allowed to withdraw or modify the

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

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

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

Earnest Money Deposit in full.

IT-12 SIGNING OF TENDER DOCUMENTS :

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

tender is made by a Proprietary firm it shall be signed by the proprietor above his name and the name of his

firm with his current address.

If the tender is made by a firm in partnership it shall be signed by all the partners of the firm above their full

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

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

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

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

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

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

evidence of its existence before the contract is award.

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

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

IT-13 WITHDRAWAL OF TENDERS :

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

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

jurisdiction of SURAT MUNICIPAL CORPORATION

IT-14 INTERPRETATIONS OF TENDER DOCUMENT :

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

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

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

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

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

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

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

Municipal Corporation.

IT-15 ERRORS AND DISCREPANCIES IN TENDERS :

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

apply in such cases.

IT-16 MODIFICATION OF DOCUMENTS :

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

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

of tender. The tenderer shall not add to or amend the text of any of the documents except in so far as may be

necessary to comply with any addenda.

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

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

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

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

addenda may modify previously issued Addenda.

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

IT-18 TAXES AND DUTIES ON MATERIAL

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

GST/ taxes or duties etc. The SMC shall neither bear it nor reimburse at any time but

will ensure deduction of Central/State/Local levies/GST and taxes at Source at the rate

provided under the relevant statutes from time to time inforce.

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

accordance with the prevailing norms of Govt. of Gujarat.

GST CLAUSE FOR CONSTRUCTION / ERECTION / COMMISSIONING /

INSTALLATION / REPAIRS / MAINTENANCE / RENOVATION / FABRICATION OF

STRUCTURE INCLUDING BUILDING (MEANS ALL WORKS CONTACT / TURN

KEY PROJECTS / SUPLY OF MATERIAL / GOODS )

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

Bidder is bound to pay any amount of GST prescribed by the Govt. of India as per the

Terms of Contract agreed upon during the course of execution of this Contract.

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

Service Tax) by the Goverment the same shall be reimbursed / recovered separately by

SMC subject to the submisson of Original Recepit / proof for the amounts actually

remitted by the successful Tenderer / Contractor to the competent authority along

with a certificate from Chartered Accountant of Contractor / Succesful Biddder

certifying that the amount of GST paid to the Goverment and the same shall be intimated

/ submitted /claimed within 30 Days form the date of payment Remittance of GST within

sipulated period shall be the sole responsibility of the Succesful Bidder / Contracter

failier which SMC and decision of Municipal Commissioner shall be final and binding on

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

Goverment may lead to the termination of contact and forfeiture of security Deposite /

Performence Gurantee Amount.

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

any increase in the existing Taxes / Duties / Levies / Cess or any other incidentals etc.

(Excluding GST ) are imposed during the course of the contract the same shall be borne by

the Contracter / Succesful Bidder only in no case SMC shall be liable for the same.

IT-19 EVALUATION OF TENDERS :

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

IT-20 EVALUATION OF TIME REQUIRED FOR COMPLETION :

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

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

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

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

IT-21 POLICY FOR TENDER UNDER CONSIDERATION :

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

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

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

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

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

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

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

IT-22 PRICES AND PAYMENTS :

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

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

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

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

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

IT-23 PAYMENT TERMS :

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

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

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

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

Notice Inviting Tenders.

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

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

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

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

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

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

award and declare the tender security forfeited.

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

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

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

IT-25 SIGNING OF CONTRACT :

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

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

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

person detailed in Article IT-12.

IT-26 DISQUALIFICATION :

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

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

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

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

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

language adopted for tender preparation.

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

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

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

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

(h) Conditional tender.

A. Tenderer may further be disqualified if :

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

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

in tender documents.

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

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

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

(f) Any erasure is made in the tender.

IT-27 PERFORMANCE GUARANTEE (SECURITY DEPOSIT)

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

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

performance completion and maintenance of the works of the contract in accordance with all the conditions

and terms specified herein and to the satisfaction of theEngineer and ensuring the discharge of all obligations

arising from the execution of contract, inone of the forms mentioned below.

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

of audit related procedure)

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

bills (Shall be released with final bills)

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

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

order then the penalty of 0.065 % per day of the amount of security deposit shall be recovered from the

contractor while receiving the security deposit. On due performance and completion of the contract in all

respects, the performance guarantee (security deposit) will be returned to the contractor after the defect

liability period and on completion of audit related procedure. It is clarified that the amount of security

deposit shall be collected on the basis of Contract Price and not on the basis of estimated amount put to

tender. As initial Security Deposit Two percent (2%) of the tendered amount accepted by the competent

authority shall have to be paid towards security deposit at the time of execution of agreement. This will be

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

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

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

IT-28 STAMP DUTY :

The successful tenderer shall have to enter into an agreement on a non-judicial stamp paper of

Rs.4.90% of S.D. Amount, if S.D. Amount in FDR and otherwise as per the form of the agreement

approved by the Municipal Corporation, Surat.

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

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

IT-29 BRAND NAMES :

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

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

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

higher quality than the standard mentioned and meets Municipal Corporation approval.

IT-30 NON-TRANSFERABLE :

Tender documents are not transferable.

IT-31 COST OF TENDERING :

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

IT-32 DEFECT OF TENDER :

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

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

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

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

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

IT-33 CHANGE IN A QUANTITY :

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

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

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

variation of quantities shall not be entertained.

IT-34 NEW EQUIPMENT AND MATERIAL ;

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

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

be used on work.

IT-35 RIGHTS RESERVED ;

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

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

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

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

SMC is not obliged to give reasons for any such action.

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

parts without assigning any reason even after the award of contract.

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

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

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

will be liable to be rejected.

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

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

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

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

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

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

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

to the public or SMC

GST CLAUSE FOR CONSTRUCTION / ERECTION / COMMISSIONING / INSTALLATION /

REPAIRS / MAINTENANCE / RENOVATION / FABRICATION OF STRUCTURE INCLUDING

BUILDING (MEANS ALL WORKS CONTRACT / TURN KEY PROJECTS / SUPPLY OF MATERIAL

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

Bidder is bound to pay any amount of GST prescribed by the Govt. of India as per the Terms of

Contract agreed upon during the course of execution of this Contract.

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

Tax) by the Government, the same shall be reimbursed / recovered separately by SMC, subject to

the submission of Original Receipt / Proof for the amounts actually remitted by the Successful

Tenderer / Contractor to the Competent Authority along with a Certificate from Chartered

Accountant of Contractor / Successful Bidder certifying that the amount of GST paid to the

Government and the same shall be intimated / submitted / claimed within 30 (Thirty) Days from the

date of payment. Remittance of GST within stipulated Period shall be the sole responsibility of the

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

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

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

may lead to the termination of contract and forfeiture of Security Deposit / Performance Guarantee

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

increase in the existing Taxes / Duties / Levies / Cess or any other incidentals etc. (Excluding GST)

are imposed during the course of the contract, the same shall be borne by the Contractor / Successful

Bidder only, in no case SMC shall be liable for the same.

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

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

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

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

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

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

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

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

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

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

IT-46 TESTING OF CEMENT AND STEEL

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

shall be used only after the same is tested at the approved laboratory as per the direction of the

Engineer-in-charge. Such approved laboratory may be located at Surat, Baroda, and Ahmedabad or

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

The frequency of testing such material shall be in accordance to the relevant Indian Standards as

directed by Engineer-in-charge.

Executive Engineer,

Surat Municipal Corporation

SIGNATURE OF THE CONTRACTOR.

SURAT MUNICIPAL CORPORATION

PERCENTAGE RATE TENDER & CONTRACT FOR WORKS

GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF CONTRACTORS :-

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

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

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

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

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

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

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

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

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

Engineer-in- charge during office hours.

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

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

with designs and drawings shall form part of the accepted tender.

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

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

attorney authorising him to do so.

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

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

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

effectual receipts for the firm.

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

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

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

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

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

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

outside the envelope.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Works Department without reference to any local custom.

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

(11) Every contractor shall unless excepted in writing by the City Engineer concerned, produced alongwith

the tender, a solvency certificate of his financial stability from the Collector of the District within

which he resides or a Bankers certificates. If he fails to produce such a certificate, his tender may not be

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

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

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

as to what is "the usual method in use in the public works department" will be final.

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

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

Income Tax Officer.

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

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

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

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

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

for the execution of the work contracted for.

(18) Controlled materials (Essentiality certificate)

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

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

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

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

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

caused to the contractor while obtaining the same.

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

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

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

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

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

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

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

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

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

Space should be filled in while preparing the draft tender papers.

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

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

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

which the tender will not be considered.

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

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

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

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

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

Executive Engineer,

Surat Municipal Corporation

Contractor Signature with

GENERAL CONDITION OF CONTRACT

GC-01 DEFINITIONS AND INTERPRETATIONS

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

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

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

Engineer, any officer authorised by the Municipal Corporation.

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

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

1.3 The "Engineer-in-charge" shall mean the person designated as such by the owner from time to

time and shall include those who are expressly authorised by the Municipal Corporation to act for and

on its behalf for the operation of this contract.

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

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

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

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

the prices for the work to be performed, and the details thereof.

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

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

or interpret the contract documents.

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

as stated in the executed contract agreement.

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

therein all contract documents.

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

such other documents constituting the tender and acceptance thereof.

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

any part of the work has been entrusted by the Contractor with the written consent of the Engineer-in-

charge and the legal personnel representative, successors and permitted assigness of such person, firm or

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

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

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

or instruction (a) thereunder. It shall also mean the latest Indian Standards Institution Specifications for or

relative to the particular work or part there of, so far as they are not contrary to the Tender specifications

or I.S.I. specifications, and in absence of any tender specifications, the specifications of any other

country applied in India as a matter of Standard Engineering practice and apprroved in writing by the

Engineer-in-charge with or without modifications.

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

in writing by the Engineer-in-charge and such other drawings, as may, from time to time, be furnished or

approved in writing by the Engineer-in-charge in connection with the work.

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

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

for the purpose of the Contract. It shall mean the totally of the work by expression or implication

envisaged in the contract and shall include all material, equipment and labour required for or relative or

incidental to or in connection with the commencement, performance and completion of any work and/or

for incorporation in the work.

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

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

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

execution, completion and maintenance ofthe work.

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

carried out and any other lands or places provided by the Municipal Corporation for the purpose of the

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

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

execution, completion or maintenance of work or temporary works (as hereinafter defined) but does not

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

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

personally or sent by Regisgered post to the latest know private of business address at Registered

Office of the Contractor.

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

effect additions to or deletion from and alterations in the work.

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

provisions of the Contract.

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

when the work has been completed to his satisfaction.

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

work is finally accepted by the owner.

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

cate and the final certificate as specificed in the tender.

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

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

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

accepted in accordance with provisions contained therein.

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

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

1.28 "Running Account Bill" shall mean a Bill for the payment of "On Account" money to the

contractor during the progress of work on the basis of work done and the non-perishable Materials to be

incorporated in the work supplied by the Contractor.

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

performance of contractual obligations.

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

Surat Municipal Corporation, Surat.

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

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

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

GC-02 LOCATION OF SITE AND ACCESSIBILITY

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

and Western Railway Broad Guage line, Government Irrigation Canal Crossing. The intending Tenderer

should inspect the site and make himself familier with site conditions and available communication

facilities. Non availability of access/roads shall in no case be the cause to condon any delay in the

execution of the work or be the cause for any claims or extra compensation.

GC-03 SCOPE OF WORK

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

Contractor shall provide all necessary Materials equipment and labour etc. for the execution and of the

work till completion. All Materials that go with the work shall be approved by the Engineer-in-charge prior

to procurement and use.

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

one point at the rate charged for such works.

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

supply after getting prior permission for the same from the Engineer-in-charge. Supply of water shall not

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

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

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

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

LAND FOR CONTRACTOR'S FIELD OFFICE, GODOWN & WORKSHOP

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

arrangement for the same. No land will be provided by S.M..C. to the contractor for constructing his

labour and supervisory comp and other service facilities.

GC-04 RULLING LANGUAGE

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

entries in the contract documents and all correspon-dence between the contractor and the Municipal

Corporation or the Engineer shall be in English. All dimensions for the Materials shall be given in metric

GC-05 INTERPRETATION OF CONTRACT DOCUMENT

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

prevail over those of any other documents of the contract unless specifically provided otherwise. Should

there be any discrepancy, inconsistency error or ommission in the several documents forming the

contract, the matter may be referred to the Engineer-in-charge for his instructions and decision. The

Engineer-in-charge's decision in such case shall the final and binding to the contractor.

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

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

and shown on the drawings.

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

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

indication and not a summary of contents thereof or be used in the interpretation or construction thereof

of the contract.

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

plural and vice versa wherever the context so requires. Works implementing persons shall include

relevant corporated companies/ registered associations / body of individual / firm of partnership.

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

part of each shall be supplementary to and complementary of every other part and shall be read with and

into the context so far as it may be practicable to do so.

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

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

of the special conditions of contract shall be deemed to override the provisions of General conditions of

Contract and shall to the extent of such repugnancy or variance prevail.

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

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

8. If the specification mention that the contract shall perform certain work or provide certain

facilities, it will mean that the contractor shall do so at his own cost.

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

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

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

that might affect the carrying out of the work or the Tenderer rates. Any error in description of quantity

or commission there from shall not vitiate the contract or release the contractor from executing the work

comprised in the contract according to the Drawings and specifications at the tendered rates. He is

deemed to have known the scope, nature and magnitude of the work and the requirements of Materials and

labour involved and as to what all works he has to complete in accordance with the contract what-soever be

the defects, omissions, or errors that may be found in the contract documents. The contractor shall be

deemed to have visited the site and the surroundings,to have satisfied himself to the nature of all existing

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

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

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

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

Materials, the available accommodation as to whatever required, the depicts and such other buildings

as may be necessary for executing and completing the work, to have local independent inquiries as to the

subsoil, subsoil water and variation thereof, storms, prevailing winds, climatic conditions and all other

similar matters effecting the work. He is deemed to have acquinted himself as to his liability for payment

of Government taxes, custom duty and other charges.

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

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

liabilities or the entire responsibility from completion of the work at the tendered rates and time in

strict accordance with the contract documents.

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

before or after the execution of the Contract Agreement shall in any way effect or modify any of the terms

of obligations herein contained.

GC-06 CONTRACTOR TO UNDERSTAND HIMSELF FULLY

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

cirucmstances affecting the tender price, as to the possibility of executing the works as shown and

described in the contract and to have fixed his prices accordingg to his own view on these matters and to

have understand that no additional allowances except as otherwise expressely provided, will after words

be made beyond the contract price. The contractor shall be responsible for any misunder-standing or

incorrect information given in writting by the Engineer.

GC-07 ERROR IN SUBMISSION

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

Whether such particulars have been approved by the Engineer or not, provided that such discrepancies,

errors or ommissions be not due to inaccurate information or particular furnished in writing to the

Contractor by the Municipal Corporation or the Engineer.

GC-08 SUFFICIENCY OF TENDER

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

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

obligation set forther or implied in the contract for the proper execution of work for compliance with

requirements of Article GC-19 thereof.

GC-09 DISCREPANCIES

The drawings and specifications are to be considered as mutually explanatory of each other, detailed

drawings being followed in preference to small scale drawings and figures dimension in preference to

scale and special conditions in preference to general conditions. Special direction or dimen- sions given

in the specifications shall supersede all else. Should any discrepanies however, appear or should any

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

dimensions or the quality of the Materials or the due and proper execution of the works, or as to the

measurement or quality and valuation of the works executed under this contract or as extra there upon the

same shall be explained by the Engineer-in-charge and his explanation shall subject to the final

decision of the Additional City Engineer, in case reference be made to him, be binding upon the

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

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

completion of the works as implied by the Drawings and specifications, even though such works and

things are not specially shown and described in said specifications. In cases where not particular

specifications are given for any article to be used under the contract, relevant specifications of the Indian

Standard Institution shall apply.

GC-10 PERFORMANCE GUARANTEE : (Security Deposit)

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

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

 Initial Security Deposit (2%) shall be paid in form of Cash or Demand Draft/ Pay Order if the

Tender Amount of work is less than Rs. 2.00 crore.

 Initial Security Deposit (2%) shall be paid in form of Cash or Demand Draft/ Pay Order / bank

Guarantee (encashable at Surat city)/ FDR if the tender Amount of work is more than Rs.

crore & 2.00 crore.

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

shall unless excluded by or repugnant to the context include his heirs, executors, administrators and

assignees shall (within 15 days of the receipt by him of the notification of the acceptance of his tender)

deposit with Municipal Commissioner cash or Government securities endorsed to the Commissioner sum

sufficient which will make up the full security deposit specified in the tender.

If the amount of the security deposit to be paid in lump sum within the period specified above is not paid the

tender contract already accepted shall be considered as cancelled. The security deposit lodged by Contractor

shall be refunded after the expiry of the Defects Liability period as shown in the attached Memorandum after

deducting dues, if any, which become liable to be recovered from the Contractor under the terms and

conditions of this Agreement.

Regarding remittance and release of Security Deposit (SD), Retention money deposit (RMD) following

clause will supersede over and above all the clauses depicted in the tender document.

Tender costing Less than Rs.2.00 Crore.

(a) Remittance of SD/RMD

(i) The total security deposit shall be recovered at the rate of 4% from contractor. Out of which,

50% of amount as Initial Security Deposit shall be payable at the rate of 2% of approved tender

cost in form of Cash or Demand Draft/ Pay Order of any Nationalised Bank (encashable at Surat

(ii) 7% Retention money (remaining 2% SD + 5% Additional retention Money) deposit to be

retained from each running account bill.

(b) Release of SD/RMD

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

on completion of audit related procedure)

(ii) 7% Retention money (2% SD + 5% Additional retention Money) deposit to be deducted

from running bills (Shall be released with final bills)

Tender costing Rs.2.00 Crore. & more than Rs.2.00 Crore.

(a) Remittance of SD/RMD

(i) The total security deposit shall be recovered at the rate of 4% from contractor. Out of which,

50% of amount as Initial Security Deposit shall be payable at the rate of 2% of approved tender cost

in form of in Cash or Demand Draft/ Pay Order / FDR / Bank Guarantee of any Nationalised Bank

(encashable at Surat city).

(ii) The remaining amount of the Security Deposit i.e. 2% to be deducted from each running account

(iii) 5% Retention money deposit (RMD) to be retained from each running account bill.

(b) Release of SD/RMD

(i)The 2% Initial security deposit shall be released after clearance of Final bill by Audit Dept.

(ii)Whereas, the 2% security deposit recovered from the each running account bills Shall be released

only after clearance of Final bill by Audit Dept. & completion of defect liability period.

(iii) 5% Retention money deposit (RMD) to be released along with final bill.

The amount recovered from the running bills as security deposit shall not be allowed to the transferred in

the form of Bank Guarantee. However, the remaining 50% (2% of Security Deposit) of the amount so,

deducted from running bills will be allowed for conversion in the form of interest bearing fixed deposit

receipt, (FDR) issued in favour of the Municipal Commissioner, Surat Municipal Corporation, Surat by a

Nationalized Bank located at Surat only. Additional stamp duty payable as per government prevailing rule

shall be paid by contractor for remittance of this FDR.

It is clarified that the amount of security deposit shall be collected on the basis of contract price and not on

the basis of Estimated Amount put to tender. As initial Security Deposit as mentioned above, accepted by

the competent Authority shall have to be paid toward Security Deposit at the time of execution of agreement.

Interest will be payable on FDR (that is deducted from Running Bill and converted in to FDR for initial SD)

for One year, after completion of work. After that no further interest shall be paid for any extended period

If the Security Deposit is not paid within 10 days from the date of L.O.I. / Work Order than penalty at the

rate of 0.065% per day of the amount of Security Deposit will charged. If the Security Deposit is not paid

within one month with interest, necessary actions as per condition of contract will be taken.

If initial Security deposit is paid in form of Fixed Deposit, additional stamp paper amounting As per

government’s prevailing rule of Security Deposit shall be used to execute the agreement.

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

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

GC-11 INSPECTION OF WORK

1. The Engineer in charge will have full power and authority to inspect the work at any time wherever in

progress either on the site or at the contractor's any other manufacturers workshops or factories

wherever situated and the contractor shall afford for Engineer-in-charge every facility and assistance to

carry out such inspection. Contractor or his authorised representative minimum ( B.E Civil ) shall, at all

time during the usual working hours and all other times when so notified or rehabilitation work in progress ,(

no work allowed without engineer from contracter and also without engineer from department) , contracter

engineer remain present to receive orders and instructions, orders given to Contractor's representative

shall considered to have the same force as if they had been given to the contractor himself. Contractor shall

give not less than 7 days notice in writing to the Engineer-in- charge before covering up or otherwise

placing beyond reach of inspection and measuring any work in order that the same may be inspected and

measured. In the event of breach of the above, the same shall be recovered at Contractor's expenses for

carrying out such inspection or measurment.

2. No material shall be despatched from contract store on site of work before obtaining approval in

writing of the Engineer-in-charge, Contractor shall provide at all time during the progress of work and

maintenance period proper means of access with ladders, gangways, etc. and the necessary attendance

to move and adopt as d irected for inspection or measurement of work by Engineer-in-charge.

GC-12 DEFECT LIABILITY

1.Contractor shall guarantee the work for a period of 12 months fromthe date of issue of completion

certificate. Any damage or defect that may arise or that may remain undis- covered at the time of issue

of completion certificate connected in any way with the equipment or Materials supplied by him or in

the Workmanship be rectified or replaced by contractor at his own expenses as desired by Engineer-in-

charge or in default may cause the same to be made good by other agency and deduct expenses of which

the certificate of Engineer-in-charge shall be final from any sums that may then or any time thereafter

become due to contractor of sale thereof or of a sufficient portion thereof.

2.From the commencencement to completion of work contractor shall take full responsibility for the case

of the work including all temporary works and in case any damage, loss or injury shall happen to work or

any part thereof or to any temporary works from any cause whatsoever and shall at his own cost repair and

make good the same so that at completion work shall be in good order and in confirmity in every respect

with the requirements of contract and as per the instructions of the Engineer-in-charge.

3.If at any time before the work is taken over, the Engineer- in-charge shall -

(a) Decide that any work done or Materials used by the contractor are defective or not in accordance

with contract or that work of any portion thereof is defective or do not fulfill the requirements of

contract (all such Materials being hereinafter called defects in this clause and (b) as soon as reasonably

practicable given to contractor notice in writing of the said defect specifying particulars of the defects

alleged to exist or to have occured, then contractor shall at his own expenses and with all speed make

good the defects so specified.

(b) In case contractor fails to do so, owner may take at the cost of the contractor, such steps as may in

all circumstances, be reasonable to make good such defects. The expenditure so incurred by S.M.C. will be

recovered from the amount due to contractor. The decision of Engineer-in-charge with regard to the

amount to be recovered from contractor will be final and binding on the contractor.

GC-13 POWER OF ENGINEER TO GIVE FURTHER INSTRUCTIONS

The Engineer shall have the power and authority from time to time and at all times to give further

instructions and directions as may appear to him necessary or proper for the guidance of contractor and

the works and efficient execution of the works according to the terms of the specifications, and the

contractor shall receive, execute, obey and be bound by the same, according to the true intent and meaning

thereof, as fully and effectually as though the same had accompanied or had been mentioned or referred to

in the specifications. No work which readically changes the original nature of the contract shall be

ordered by the Engineer and in the event of any deviation being ordered,which in the opinion of the

contractor changes the original nature of the contract, the shall nevertheless carry it out and any

disagreement as to the nature of the work & the rate to be paid thereof shall be resolved.The time of

completion o f works, in the event of any deviations, resulting in additional cost over the contract sum

being ordered, then be extended or reduced reasonable by the Engineer. The Engineer's decision in the

case shall be final and binding.

GC-14 PROGRAMME

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

commence from date of Notice of intimation to proceed. The tenderer at the time of submitting his tender

shall indicate the construction or pipeline schedule, the month-wise programme, daily work schedule or bar

chart required for the execution of the works and shall confirm the same within fourteen (14) days of the

acceptance of his Tender. The contractor shall provide to the Engineer-in-charge a detailed programme

of time schedule for execution of the works in accordance with the specifications & the completion date.

The entire programme to be finalised by the Contractor,has to confirm to the execution period mentioned

alongwith the Bill of Quantities in the Tender Documents.The Engineer upon scrutiny of such submitted

programme by contractor,shall examine suitability of it to the requirement of contract and suggest

modifications, if found necessary.

GC-15 SUBLETTING OF WORKS

No part of the contract nor any share or interest thereon shall in any manner or degree be

transferred,assigned or sublet by the contractor directly or indirectly to any firm or Corporation

whatsoever except as provided for in the succeding subclause without the consent in writing of the owner.

GC-16 SUB-CONTRACTORS FOR TEMPORARY WORKS ETC.

The owner may give written consent to sub-contractors for execution of any part of the work at the site

being entered upon by the contractors provided each individuals contractor is submitted to the Engineer-

in-charge before being entered into and in approved by him. List of Sub-Contractors is to be supplied.

Not with standing any subletting with such approval as aforesaid and not with standing the Engineer-in-

charge shall have received copies of any sub-contractors, the contractors shall be and shall remain solely

responsible for the quality and proper expenditions and execution of the works and the performance of

all the conditions of contract in all respects as if such submitting or sub-contracting had not taken place and

as if such work had done directly by the Contractor.

GC-17 TIME FOR COMPLETION

1. The work covered under this contract shall be commenced from the date of contract is served with

a notice to proceed with the work and shall be completed before the date as mentioned in the time

schedule of work. The time is the essence of the contract and unless the same is extended as mentioned in

clause No. GC-18 (Extension of time) the contractor will be panalised for the delay.

2. The general time schedule for work is given in the tender document. Contractor shall prepare a detailed

weekly or monthly programme of work in consultation with Engineer-in-charge soon after the agreement

and the work shall be strictly executed accordingly. The time for as construction of road given includes,the

time required for testing, rectification if any, retesting and completion in all respects to the entire

satisfaction of the Engineer- in-charge.

GC-18 EXTENSION OF TIME

Time shall be considered as the essence of the contract. If however, the failure of the Contractor to

complete the work as per the stipulated dates referred to above arises from delays on the part of

Municipal Corporation in supplying the Materials of equipment it has undertaken to supply under the

contract or from delays in handing over sites or from increase in the quantity of work to be done under the

contract, or force Majeure an appropriate extension of time will be given. The Contractor shall request

such extension within one month of the cause of such delay and in any case before expirry of the

contract period.

GC-19 CONTRACT AGREEMENT

The successful tenderer shall when called upon to do so, enter into and execute the Contract Agreement

within (10) Ten days of the Notice of Award, in the form shown in tender documents with such

modifications as may be necessary in the opinion of the Municipal Commissioner. It should be incumbent

on the contract to pay the stamp duty and the legal charges for the completion of the contract agreement.

GC-20 A.PENALTY FOR DELAY

If the contractor fails to complete the work within the stipulated completion date for the work or he

shall pay liquidated damages at one tenth of Two percent of contract value per day of delay in completion

and handing over the work or part thereof as the case may to the Municipal Commissioner. The amount of

liquidated damages shall, however, be subjected to a maximum of ten (10) percent of the contract value.

Delays in excess of one hundred days will be a cause for termination of the contract and forfeiture of all

security for performance.

The successful tenderer shall have to submit the progress bar-chart within Ten days after the contract,

and the contractor should work as per the approved bar-chart, failing the contractor shall have to pay the

compensation for delay as per the decision of Municipal Commissioner.

GC-21 FORFEITURE OF SECURITY DEPOSIT

Whenever any claim arises against the contractor for the payment of a sum of money out of or under the

contract, the owner shall be entitled to recover such sum by appropriating in part of whole, the security

deposit of the contractor. In case the Security deposit is insufficient the balance recoverable shall be

deducted from any sum then due or which at any time thereafter may become due to the contractor

shall pay to the owner on demand may balance remaining due.

GC-22 ACTION OF FORFEITURE OF SECURITY DEPOSIT

In any case in which under any clause or clauses of the contract, the contractor shall have forfeited the

whole of his Security deposit or have committed a breach of any of the terms contained in this contract,

the owner shall have power to adopt any of the following courses as he may deem best suited to his

(a) To rescind the contract (of which rescission notice in writing to the contractor under the hand of

the owner shall be conclusive evidence) in which case, the security deposit of the contractor shall stand

forfeited and be absolutely at the disposal of the owner.

(b) To employ labour and to supply Materials to carry out the balance work debiting contractor with

the cost of labour employed and the cost of Materials supplied for which a certificate of the Engineer-

in-charge shall be final and conclusive against the contractor and 10% costs on above to cover all

departmental charges and crediting him with the value of work done at the same rates as if it has been

carried out by the contractor under the terms of his contract. The certificate of Engineer-in-charge as

to the value of the work done shall be final and conclusive against the contractor.

(c) To measure up the work of the contractor and to take such part hereof as shall be unexecuted out of his

hand to give it to another contractor to complete. In this case the excess -expenditure incurred than

what whole have been paid to the original contractor, if the would work had been executed by him,

shall be earnest and paid by the original contractor and shall be deducted from any money due to him

by the owner under the contract or otherwise and for the excess expenditure, the certificate of the Engineer-

in-charge shall be final and conclusive.

In the event any of the above course being adopted by the owner, the contractor shall have no claim to

compensation for any less sustained by him by reason of his having purchased or procured any Materials

or entered into any agree-ment so or made by advance on account of or with a view to the execution of

the work of the performance of the contract. In such case the contractor shall not be entitled to recover

or be paid by sum for any work actually performed under this contract unless the Engineer-in-charge will

certify in writing the performance of such work and the value payable in respect thereof and the shall only

be entitled to be paid the value so certified. In the event of the owner putting in force the powers as stated

in a, b, c, above vested in him under the preceeding clause, he may, if he so desire, take possession of all

or any tools and plant, Materials and stores in or upon the work or the site thereof belonging to the

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

paying or allowing for the same in account at the contract rates to be certified by the Engineer-in-charge

whose certificate thereof shall be final otherwise the Engineer-in-charge may give notice in writing to the

contractor or his representative requiring him to remove such tools plant Materials or stores from the

premises within the time specified in the notice and in if the contractor fails to comply with any such

notice, the Engineer-in-charge may remove them at the Contractor's expenses or sell them by auction or

private sale on account of the contractor and his risks in all respects without any furhter notice as to the

date, time to place of the sale and the certificate of Engineer-in-charge as to the expenses of any such

removal and the amount of the proceeds and the expenses of any such sale shall be final and conclusive

against the contractor.

GC-23 NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORK

If at any time from the commencement of work, the owner shall for any reasons whatsoever not require the

whole or part thereof a specified in the tender to be carried out, the Engineer-in- charge shall give notice in

writing of the contractor, who shall have no claim to any payment or compensation whatsoever on

account of any profit or advantage which he might have derived from execution of work in full, but which

he did not derive in consequence of the full amount of the work not having been carried neither shall be

have any claim for compensation by reason if any alternations having been made in original

specifications, drawings, designs and instructions which shall involve any curtailment of the work as

originally contemplated.

When the contractor is a partnership firm, the prior approval in writing of the S.M.C.shall be obatined before

any change is made in the constitution of the firm, where the contractor is an individual or a Hindu

Undivided Family business concern, such approval as aforesaid shall, likewise be obtained before sub-

contractor enters into any agreement with other parties whereunder the reconstituted firm would have

the right to carry out the work hereby undertaken by the contractor. In either case if prior approval as

aforesaid is not obtained, the contract shall be deemed to have been allotted in contravention of sub-

letting clause hereof and the same action may be taken and the same consequence shall ensure as provided

in the sub-letting clause.

GC-24 IN EVENT OF DEATH OF CONTRACTOR

Without prejudice to any of the right or remdies under the contract, if the contractor dies, the owner

shall have the option of terminating the contract without compensation to the contractor.

GC-25 MEMBER OF THE OWNER NOT INDIVIDUALLY LIABLE

No official or employee of the owner shall in any way be personally bound or liable for the acts or

of the owner under the contract or answerable for any default or ommission in the observance or

performance of the acts, matters or things which are herein contained.

GC-26 OWNER NOT BOUND BY PERSONAL REPRESENTATIONS

The contractor shall not be entitled to any incresse on the Schedule of rates or any other rights or claims

whatsoever by reason of representation, explanation or statement or alleged representation, promise or

guarantees given or alleged to have been given to him by any person.

GC-27 CONTRACTOR'S OFFICE AT SITE

The Contractor shall provide and maintain an office at the site for the accommodation of his agent and

staff and such office shall be opened at all reasonable hours to receive instruc- tions, notice or other

communications.

GC-28 CONTRACTOR'S SUBORDINATE STAFF AND THEIR CONDUCT

1. The contractor on award of the work shall name and depute a qualified Engineer , having experience

of carrying out work of similar nature, to whom equipments, Materials, if, any, shall be issued and

instructions for work given.The contractor shall also provide to the satisfaction of Engineer in-charge

sufficient and qualified staff to superintend the execution of the work, competent sub- agents, foremen and

leading hands including those specially qualified by previous expeditions to a supervise the type of works

comprised in the contract in such manner as will ensure work of the best quality and expeditions working,

it, in the opinion of the Engineer-in-charge, additional properly qualified supervision staff is considered

necessary, if shall be employed by the contractor without additional charge on account thereof. The

contractor shall ensure to the satisfaction of the Engineer- in-charge that sub - contractors, it any shall

provide competent and efficient supervision over the work entrusted to them.

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

other employees shall, in the opinion of Engineer-in-charge, be guilty of any misconduct or be

incompetent or insufficiently qualified or inteligent in the performance of their duties or that in opinion of

the owner or Engineer-in-charge, it is undesirable for administrative or any other reason for person or

persons to be employed in the works, the contractor, if so directed by the Engineer-in-charge, shall at once

remove person or persons from employment thereon. Any person or persons so removed shall not again be

remployed in connection with the works without the written permission of the Engineer-in- charge. Any

person so removed from the works shall be immediately replaced at the expenses of the contractor by

acqualified and competent substitute. Should the contractor be required to repatriate any person removed

from the works he shall do so and shall bear all costs in connection therewith.

3. The contractor shall be responsible for the proper behaviour of all the staff, foremen, workmen and others

shall exercise proper control over them and in particular and without prejudice to the same. Generally,

the contractor shall be bound to prohi-bit,and prevent any employee from trespassing or acting in any way

detrimental or prejudicial to the interest of the community or of the properties or occupiers of land and

properties in the neigh-bourhood and in the event of such employees so trespassing, the contractor shall

be responsible therefore and relieve the owner of all consequent claims, actions for damages or injury

or any other grounds whatsoever. The decision of the Engineer-in- charge upon any matter arising under

this clause shall be final.

4. If and required by the owner, the contractor's personnel entering upon the owner's premises shall

be properly identified by badges of a type acceptable to the S.M.C. which must be worn at all times on

owner's premises.

GC-29 TERMINATION OF SUB-CONTRACTOR BY OWNER

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

ofEngineer-in-charge is not in accordance with the contract documents, the S.M.C. may be give written

notice to the contractor request his to terminate such sub-contract and the contractor upon the receipt of

such notice shall terminate such sub-contract and the letter shall forthwith leave the works failing which

the owner shall have the right to remove such sub-contractors from the site.

No action taken by the owner under the above clause shall relieve the contractor of his liabilities under

the contract or give rise to any right to compensa-tion, extension of time or otherwise.

GC-30 POWER OF ENTRY

If the contractor shall not commence the work in the manner previously described in the contract

documents or if he shall, at any time, in the opinion of Engineer-in-charge.

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

(ii) Fail to carry out the works in accordance with the time schedule.

(iii) Substantially suspend work or the works for a period of fourteen days without authority from

Engineer-in-charge or

(iv) Fail to carry out and execute the work to the satisfaction of the Engineer-in-charge or

(v) Fail to supply sufficient or suitable construc-tion plant temporary works, labour Materials or

(vi) Commit breach of any other provisions of the contract on his part to be performed or observed

or persist in any of the above mentioned breached of the contract for fourteen days after notice

in writing shall have been given to the contractor by the Engineer-in-charge requiring such

breach to be remedied or

(vii) Abandon the work or

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

compromise with his creditors, or permit any execution to be levied or go into liquidation

whether compulsory or voluntary not being merly a voluntary liquidation for the

purpose of amalgamation or reconstruction then in any such case.

The owner shall have the power to enter upon the works and take possession thereof and of the Materials,

temporary works, constructional plant and stock therein, and to revoke the contractor's licence to use the

same and to complete the works by his agents, other contractor or workman or to relate the same upon any

terms and to such other person, firm or corporation as the owner in his absolute discretion may think proper

to employ, and for the purpose aforesaid to use or authorise the use of any Materials, temporary works,

constructional plant, and stock as aforesaid, without making payment or allowance to the Contractor for the

said Materials other than such as may be certified in written by the Engineer-in-charge to be reasonable

and without making any payment or allowance to the contractor for the use of said temporary works,

constructional plant and stock or being liable for any less or damage thereto. If the owner shall be reason

of his taking possession of the works or of the work being got completed by other contractor incur excess

certified by the Engineer-in-charge shall be deducted from any money which may be due for the work

done by the contractor under the contract and not paid for. Any deficiency shall fortwith be made good and

paid to the owner by the contractor and the owner shall have power to sell in such manner and for such price

as he may think fit all or any of the constructional plant, Materials etc. constructed by or belonging to and

recoup and retain the said deficiency or any part thereof out of the proceeds of the sale.

GC-31 CONTRACTOR'S RESPONSIBLITY WITH THE OTHER CONTRACTOR & AGENCIES

Without repugnance to any other condition, it shall be the responsibility of the contractor executing the

work of civil construction to work in close co-operation and co-ordinate the work with other contractors

or their authorised represaentative and the contractor will put a joint scheme with the concurrence of other

contractors showing the arrange-ments for carrying his portion of the work to the Engineer-in-charge

and get the approval. The Engineer-in-charge before approving the joint scheme will call the parties

concerned and modify the scheme if required. No claim will be entertained on account of the above.

The contractor shall conform in all respects with the provisions of any statutory regulations,

ordinances or by laws of any local or locally consitituted authorities or public bodies which may be

applicable from time to time to works or any temporary works. The contractor shall keep the owner

indemnified against all penalties and liabilities of every kind arising out of non-adherence to such statutes,

ordinanace, laws, rules, regulations, etc.

GC-32 OTHER AGENCIES AT SITE

The Contractor shall have to execute the work in such place and condition where other agencies will also

be engaged for other works, such as site grading, filling and levelling, electrical and mechanical

engineering works, etc. No claim shall be entertained for works being executed in the above

Any notice under this contract may be served on the contractor or his duly authorised representative at the

job site or may be served by registered post direct to the official address of the contractor proof of issue

of any such notice could be conclusive of the contractor having been duly informed of all contents

GC-34 RIGHT OF VARIOUS INTERESTS

The owner reserves the right to distribute the work between more than one contractor. Contractor shall co-

operate and afford reasonable opportunity to other contractors for access to the works for the carriage and

storage of Materials and execution of their works.

Wherever the work being done by any department of the owner or by other contractor employed by the

owner is contingent upon work covered by this contract, the respective rights of the various interests shall

be determined by Engineer-in-charge to secure the completion of various portions of the work in general

GC-35 PRICE ADJUSTMENT

No Price adjustment in price shall be paid.

GC-36 TERMS OF PAYMENT

The payment of Bills shall be made progressively according to the rules and practice followed by the

Municipal Corporation. The progressive payment unless otherwise provided in the Contract Agreement or

sub-sequently agreed to by the parties, shall be made generally monthly on submission of a bill by the

Contractor in prescribed form in an amount according to the value of the work performed less the

aggregate of previous progressive payments and as required by clause GC-37 (Retention money) herein. All

such progressive payment shall be regarded as payment by way of advance against final payment.

Payment for the work done by the contractor will be based on the measurement at various stages of the

work, in accordance with the conditions at Clause GC-77 (Measurement of Work in Progress)

GC-37 RETENTION MONEY

Pursuant to Clause GC-36 Terms of Payment on all money due to the contractor for work done, Municipal

Corporation will hold retention money as per clause IT -27. The retention money will not

normally be due for payment until the completion of the entire work and till such period the work has been

finally accepted by the Municipal Corporation and completion certificate issued by the Municipal

Corporation in pursuant to Clause No.GC-83 (Completion Certificate).

However,after the assurance of completion certificate, and Municipal Commissioner may at its own

discreation and having considered the Contractor's performance and diligence during the contract time allow

the retention money to converted into a Bond as stipulated in the Clause GC-10 (Performance Bond

Security Deposit).

GC-38 PAYMENT DUE FROM THE CONTRACTOR

All costs, damages or expenses, for which under the Contract the Contractor is liable to the Municipal

Corporation deducted by the Municipal Corporation from any money due or becoming due to the Contractor

under the contract or from any other contract with the Municipal Corporation or may be recovered by

action at law or other-wise from the Contractor.

GC-39 CONTINGENT FEE

1. The Contractor warrants that he has not employed any person to solicit or secure the contract upon

any agreement for a commission, percentage, brokerage or contingent fee. Breach of this warranty shall

give the Municipal Commissioner the right to cancel the contract or to take any other measure as the

Municipal Commissioner may deem fit. The warranty does not apply to commissions payable by the

contractor to establish commercial or selling agent for the purpose of securing business.

2. No officer, employer of the Municipal Corporation be admitted to any share or part of this contract

or to any benefit that may rise therefrom.

GC-40 BREACH OF CONTRACT BY CONTRACTOR

If the contractor fails to perform the work under the contract with due diligence or shall refuse or neglect to

comply with instruction given to him by the Engineer-in-charge in accordance with the contract, or shall

contravence the provisions of the contract, the S.M.C. may give notice in writing to the contractor to make

good such failure, neglect or contravention. Should the Contractor fail to comply with such written notice

within twenty eight (28) days of receipt, if the Municipal Commissioner shall think fit, it shall be lawful

for the Municipal Corporation, without prejudice to any other rights, the contractor may have under the

contract, to terminate the contract for all or part of the works, and to make any other arrangements it shall

deem necessary to complete the work outstanding under the contract at the time of termination. In this event

Article GC-15 (Subletting of work)and GC-16 (Sub-Contracts for Temporary Works etc.)hereof shall be

invoked and the performance Bond shall immediately become due and payable to the Municipal

Commissioner the value of the work done on the date of termination and not paid for shall stand forfeited

to the Municipal Corporation and the Municipal Corporation shall have free use of any works which the

contractor may have at the site at the time of termination of the contract.

GC-41 DEFAULT OF CONTRACTOR

1. The Municipal Corporation may upon written notice of default to the contractor terminate the

contract in circumstance detailed hereunder :

(a) If in the judgement of the Municipal Corporation the contractor fails to make completion of works

within the time specified in the completion schedule or within the period for which extension has been

granted by the Municipal Corporation /Engineer to the Contractor.

(b) If in the judgement of the Municipal Corporation the contractor fails to comply with any of the

provisions of this contract.

2. In the event the Municipal Commissioner terminates the contract inwhole or in part as

provided in Article GC-48 (Termination of Contract), the Municipal Corporation reserves the right to

perchase upon such terms and in such manner as it may deem appropriate, plant similar to that terminated

and the contractor will be liable to the Municipal Corporation for any additional costs for such similar

and / or for liquidated damaged for delay until such resonable time as may be required for the final

completion of works.

3. If this contract is terminated as provided in this paragraph GC - 30 (Power of entry) (1) the

Municipal Corporation in addition to any other rights provided in this clause, may require the Contractor

to transfer title and deliver to the Municipal Corporation under any of the following cases in the manual

and as directed by the Municipal Corporation. (a) Any partially completed information and contract rights as

the contractor has specifically produced or acquired for the performance of the contract so termi-nated.

4. In the event the Municipal Corporation does not terminate the contract as provided in the

paragraph GC- 48 (Termination of Contract) the Contractor shall continue performance of the contract, in

which case the shall be liable to the Municipal Corporation for liquidated damages for delay until the

works are accepted.

GC-42 BANKRUPTCY

If the Contractor shall become bank rupt or insolvent or have a receiving order made against him, or

compound with the creditors, or being the Municipal Corporation commence to be wound up, not

being a member's Voluntary winding up for the purpose of amalgamation or reconstruction, or carry on its

business under a receiver for the benefit of his creditors or any of them, the owner shall be at liberty

to either (a) terminate the contract forthwith by giving notice in writing to the contractor or to the

receiver or liquidator or to any person or organisation in whom the contract may become vested and to

act in the manner provided in Article GC-41 (Default of Contractor) as though the last mentioned notice

had been the notice referred to in such Article of (b) to give such receiver liquidator or other person in

work the contract may become vested the option of carrying out the contract subject to his providing a

satisfactory guarantee for the due and faithfully performance of the contract subject to his providing a

satisfactory guarantee for the due and faithfull performance of the contract upto an amount to be agreed. In

the event that the Municipal Corporation terminates the Contract in accordance with this article, the

performance Bond shall immediately become due and payable on demand to Municipal Corporation.

GC-43 OWNERSHIP

Works supplied pursuant to the Contract shall become the property of the Municipal Corporation

from whichever is the earlier of the following times, namely,

(a) When the works are completed pursuant to the Contract.

(b) When the Contractor has been paid any sum to which he may become entitled in respect thereof

pursuant to clause GC-36 (Terms of Payment).

GC-44 DECLARATION AGAINST WAIVER

The condonation by the Municipal Corporation of any breach of brenches by the stipulations and

conditions contained in the contract shall in no way prejudice or effect to the constructed as a waiver of the

Municipal Corporation rights, powers and remidies under the contract in respect of any breach or

GC-45 LAWS GOVERNING THE CONTRACT

The contract shall be constitued according to and Subject to the laws of India and the State of Gujarat

and under the jurisdiction of the courts of Gujarat at Surat.

GC-46 OVER PAYMENT AND UNDER PAYMENT

Whenever any claim forths payment of a sum to the Municipal Corporation arises out of or under this

Contract against the contractor the same may be deducted by the Municipal Corporation from any sum then

due or which at any time thereafter may become due to the contractor under this contract and failing that

under any other contract with the Municipal Corporation or from any sum due to the contractor with the

Municipal Corporation (which may be available with Municipal Corporation), or from his retention

money, or he shall pay the claim on demand. The Municipal Corporation reserves the right to carry out

post payment audit and technical examination of the final bill including all supporting vouchers, abstracts,

The Municipal Corporation further reserves the right to enforce recovery of any over payment when

detected no withstanding the fact that the amount of the final bill may be included by the Contractor.

It as a result of such audit and technical examination any over payment is discovered in respect of any

work done by the Contractor or alleged to have been done by him under the contract, it shall be

recovered by the Municipal Corporation from the contractor by way of all the means prescribed above or

if any under payment is discovered by the Municipal Corporation, any amount due to the contractor

under this contract or under payment may be adjusted against any amount then due or which may at any

time thereafter become due before payment is made to the contractor from him to the Municipal

Corporation on any other contract account whatsoever.

GC-47 SETTLEMENT OF DISPUTES

Except or otherwise specifically provided in the contract, all disputes concerning question of fact arising

under the contract shall be decided by the Engineer-in-charge, subjected to a written appeal by the

Contractor to the Engineer and these decisions shall be final and binding on the parties hereto. Any disputes

or difference including those considered as such by only one of the parties arising out of or in connection

with this contract shall be to the extent possible settled amicably between the parties. If amicable settlement

cannot be reached then all dispute issues shall be settled as provided in (a).

(a) DISPUTES OR DIFFERENCE TO BE REFERRED TO:

If at any time, any question, disputes or differences of any kind whatsoever shall arises between the

Engineer-in-charge and the Contractor upon or in relation to or in connection with this contract, either party

may forthwith give to the other, notice in writing of the existence of such question, dispute of difference as

to any decision, opinion, instruction, direction certificate or evaluation of the Engineer.

The question or difference shall be settled by the Municipal Commissioner, who shall state his decision in

writing and give notice of same to the Engineer and to the Contractor such decision shall be final and

binding upon both parties to the contract and work on contract if not already breached or abandoned shall

proceed normally unless and until the same shall be revised (or upheld) due to any judicial proceeding.

Should the Municipal Commissioner fail to give a decision within three (3) calendar months after issuance

of notice of a question, dispute or difference or if the Contractor is dissatisfied with any such decision of the

Municipal Commissioner, then the matter may be referred to Standing Committee. Then also, if the said

question of difference or dispute remains unsolved / unsettled and if the contractor is dissatisfied with any

such decision of the Standing Committee, then the matter may be referred to the court of law subject to

SURAT JURISDICTION.

GC-48 RIGHT OF THE CORPORATION TO DETERMINE/TERMINATE CONTRACT

i The Corporation shall, at any time, be entitled to determine and terminate the contract, if in the

opinion of the Corporation the cessation of the work becomes necessary owing to paucity of

funds or for any other cause whatsoever, in which case the cost of approved materials at the

site as verified and approved by the Engineer-in-charge and of the value of the work done to

date by the contractor shall be paid for in full at the rate specified in the contract. A notice in

writing from the Corporation to the Contractor of such determination and the reason, thereof

shall be the conclusive proof of the fact that the contract has been so determined and

terminated by the Corporation.

ii Should the contract be determined under sub-clause (I) of this clause and the contractor claims

payments to compensate expenditure incurred by him in the expectation of completing the

whole of the work, the Corporation shall consider and admit such claims as are deemed fair

and reasonable and are supported by vouchers to the satisfaction of the Engineer-in-charge.

The decision of the Commissioner on the necessity and propriety of any such expenditure shall

be final and conclusive and binding on the contractor.

GC-49 CHANGES IN CONSTITUTION

Where the contractor is a partnership firm, the prior approval in writing of the Municipal Commissioner

shall be obtained any change is made in the constitution of the firm. Where the contractor is an

individual or an undivided family business concern such approval as aforesaid shall like wise be

obtained before the contractor enters into any partnership agreement whereunder the partnership firm

would have the right to carry out the works hereby undertaken by the contractor. If prior approval as

aforesaid is not obtained the contract shall be deemed to have been assigned in contravention of Article

GC-50 SUB-CONTRACTUAL RELATIONS

All work performed for the contract by sub-contractor shall be pursuant to an appropriate agreement

between the contractor and sub-contractor which shall contain provisions to :

a) Protect and preserve the rights of the Municipal Corporation and the Engineer with respect to

the work to be performed under the sub-contract so that the sub-contractor thereof will not prejudice

b) Require that such work be performed in accordance with requirements of the Contract documents.

c) Require under such contract of which the contractor is a party, the submission to the contractor

of application for payment and claims for additional costs, extension of time, damages for delay or

otherwise with respect to the sub- contracted portions of the work in sufficient time, that the

contractor may apply for payment and comply in accordance with the contract Documents for like

claim by the Contractor upon the Municipal Corporation.

d) Waive all rights the contracting parties may have against one another for damages caused by fire or

other perils covered by the property insurance except such rights as they may have to the proceeds

so such insurance held by the Municipal Corporation as trustee and,

e) Obligate each sub-contractor specifically to consent to the provisions of this Article.

If, at any time, there should be evidence of any lien or claim for which owner might have become liable and

which is chargeable to the contractor, the owner shall have the right to retain out of any payment then

due or thereafter to become due an amount sufficient to completely indemnify the owner against such

lien or claim or if such lien or claim be valid the owner may be or become due and payable to the

contractor. If any lien or claims remaining, unsettled after all payments are made, the contractor shall

refund or pay to the owner all money that the latter may be compelled to pay in discharging such lien or

claim including all cost and reasonable expenses.

GC-52 EXECUTION OF WORK

The whole work shall be carried out in strict conformity with the provisions of the Contract Documents,

detailed drawings, specifications and the instructions of the Engineer-in-charge from time to time. The

Contractor shall ensure that the whole work is executed in the most substantial, proper and best

Workmanship using Materials of best quality in strict accordance with the specifications to the entire

satisfaction of the Engineer-in- charge.

GC-53 WORK IN MONSOON

When the work continues in monsoon, the contractor shall maintain minimum labour force required, for the

work and plan and execute the construction and erection work according to the prescribed schedule. No

extra rate will be considered for such work in monsoon. During monsoon and entire constructing

period the contractor shall keep the site free from water at his own cost.

GC-54 WORK CLOSED ON SUNDAYS & HOLIDAYS & BETWEEN SUNSET AND SUNRISE

No work shall be carriedout on Sundays and Corporation Holidays and no work shall be carried out

between sunset and sunrise. Except with the special permission of Engineer-in-charge in writing

perviously obtained and with holding such permissions shall be no ground of complaint on the part of

contractor or cause for compensation to them. Working period shall be maximum eight (8) hours per days.

GC-55 EXTRA SUPERVISION CHARGES TO BE BORNE BY CONTRACTOR

Further to clause No.GC-54 when Engineer-in-charge feels necessary to give permission to contractor for

carrying out work for period of more than Eight hours working period in a day and/or to continue work on

sunday and Corporation holidays. Extra Supervision charges arising due to overtime working of

Corporation's staff shall be borne by the contractor at prevailing rates from time to time. Such extra

supervision charges shall be deducted by Corporation from the running bill/s of the contractor at Surat

Municipal Corporation's description.

GC-56 DRAWING TO BE SUPPLIED BY THE OWNER

The drawings attached with the tender documents shall be for general guidance of the contractor to

enable him to visualize the type of work contemplated and scope of work involved. Detailed working

drawings according to which the work is to be done shall be furnished from time to time as the work

progresses. The contractor shall study the drawings thoroughly in connection with other connected details

and discrepancy if any bring to the notice of the Engineer-in-charge before actually carrying out the

GC-57 DRAWINGS TO BE SUPPLIED BY THE CONTRACTOR

Where drawings, date are to be furnished by the contractor they shall be as enumerated in special condition

of contract and shall be furnished within the specified time. Where approval of drawings has been

specified it shall be the Contractor's responsibility to have these drawings got approved before any

work is taken up with regard to the same. Any changes becoming necessary in these drawings during the

execution of the work shall have to be carried out by the contractor at no extra cost. All final drawings shall

bear the certification stamp as indicated below duly signed by both the contractor and Engineer- in-charge.

"Certified true for ___________________________________project Agreement

Contractor Engineer-in-charge Drawings will be approved within three (3) weeks of the receipt of the same

by the Engineer-in-charge.

GC-58 SETTING OUT WORK

The contractor shall set out the work on the site handed by the Engineer-in-charge and shall be responsible

for the correctness of the same. The work shall be carried out to the entire satisfaction of Engineer-in-

charge. The approval thereof or partaking by Engineer-in-charge in setting out work shall not relieve

contractor of any of his responsibilities.

The contractor shall provide at his own cost all necessary level posts, pegs, bamboos, flage, ranging, rods,

strings and other Materials and labourers required for proper setting out of the work. The Contractor

shall provide, fix and be responsible for the maintenance of all stakes, temples level marks profiles and

similar other things and shall take and necessary precautions to prevent their removal or disturbance and

shall be responsible for the conse-quence for such removal or disturbance. The contractor shall also be

responsible for the maintenance of all existing Survey Marks, Boundary Marks, Distance Marks and

Centre line marks either existing or fixed by the Contractor. The Centre, longitudinal or face lines and

cross lines shall be marked by small masonary pillars. Each pillar shall have distance mark at the centre

for setting up the theodolite. The work shall not be started unless the setting out is checked by Engineer-

in-charge in writing but such approval shall not relive the contractor of his responsibilities. The contractor

shall provide all Materials, labour and other facilities necessary for checking at his own cost.

Pillars bearing geodetic marks on site shall be protected by the Contractor. On completion of the work the

contractor shall submit the Geodetic documents according to which the work has been carried out.

GC-59 RESPONSIBILITIES OF CONTRACTOR FOR CORRECTTNESS OF WORK

The contractor shall be entirely and exclusively responsible for the correctness of every part of the work

and shall rectify completely and errors thereon at his own cost when so instructed by Engineer-in-charge.

1. Materials to be supplied by Contractor

Contractor shall procure and provide all the Materials required for the execution and maintenance of work

including M.S. rods, all tools, tackle, construction plant and equipment except the Materials to be supplied

by the owner detailed in the contract documents and for the transport thereof, owner, shall made

recommendations to the respective authorities if designed by the contractor but assumes no responsibility

or any nature. Owner shall insist for procurement of Materials with ISI Marks supplied by reputed firms

on the DGS & D List. 2. If however the Engineer-in-charge feels that work is likely to be delayed due to

contractor's inability to procure the Materials, the Engineer-in-charge shall have the right to procure

Materials from the market and the contractor will accept these Materials at the rates decided by Engineer-

GC-60 MATERIALS TO BE SUPPLIED BY THE OWNER

1. If the contract provides certain Materials or stores to be supplied by the S.M.C. such Materials and

stores shall be transported by the contractor at his cost from S.M.C's stores or Railway Station. The sum due

from contractor for the value of Materials supplied by the owner will be recovered from the R.A. Bill on

the basis of actual consumption of Materials in the work covered and for which R.A.Bill has been prepared.

After completion of the work contract has to account for the full quantity of Materials supplied to him.

2. The value of store Materials supplied by the S.M.C. to the contract shall be charged at rates

shown in the contract document and in case any other material not listed in the schedule of Materials is

supplied by the S.M.C., the same shall be charged at cost price including carting and other expenses

inclurred in procuring the smae. All Materials so supplied shall remain the property of the owner and shall

not be removed from the site on any account.Any material remaining un-used at the time of completion of

work or termination of contract shall be returned to S.M.C.'s store or any other place as directed by the

Engineer-in-charge in perfectly good condition at contractor's cost. When Materials are supplied free of cost

for us in work and surplus and unaccounted balances thereof are not returned to the Municipal

Corporation, recovery in respect of such balance will be effected at double the applicable issue rate of

the Materials or the market rate whichever is higher.

GC-61 CONDITIONS OF ISSUE OF MATERIALS BY THE S.M.C.

a) The Materials specified to be issued by the S.M.C. to the contractor shall be issued by the

S.M.C.'s store or at Railway Station and all expenses for its shifting to site shall be borne by the

contractor. The Materials will be issued during working hours and as per rules of S.M.C. from time to time.

b) Contractor shall bear all expenses for storage and safe custody at site of Materials issued to him

before use in work.

c) Material shall be issued by the S.M.C.in Standard/non-standard sizes as obatined from

d) Contractor shall construct suitable godowns at site for storing the Materials to proect the same

from damage due to rain, dampness, fires, theft etc.

e) The contractor should take the delivery of the Materials issued by the S.M.C. after satisfying

himself that they are in good conditions. Once the Materials are issued, it will be the responsibility of the

Contractor to keep them in good condition and in safe custody. If the Materials get damaged or if they are

stolen, it shall be the responsibility of the contractor to replace them at his according to the instruc-

tions of the Engineer-in-charge.

f) For delay in supply or for non supply of Materials to be supplied by the S.M.C., on account of

natural calamities, act of enemies, other difficulties beyond the control of the S.M.C., the S.M.C. carries

non-responsibilities. In no case the contractor shall be entitled to claim any compensation for loss suffered

by him on this account.

g) None of the Materials issued to the contractor, shall be used by the Contractor for manufacturing

items which can be obtained from manufacturer. The Materials issued by the owner shall be used for the

work only and no other purpose.

h) Contractor shall be required to execute indemnity bond in the prescribed form for the same custody

and account of Materials issued by the owner.

i) Contractor shall furnish sufficiently in advance a Statement of his requirements of quantities of

Materials to be supplied by the S.M.C. and the time when the same will be required for the work, so as to

enable Engineer-in-charge to make arrange-ments to procure and supply the Materials.

j) A daily account of Materials issued by the owner shall be maintained by the Contractor

receipt, consumption and balance in head in the form laid down by Engineer-in-charge with all connected

paper and shall be always available for inspection in the site office.

k) Contractor shall see that only the required quantities of Materials are got issued and no more.

The contractor shall be responsible to return the surplus Materials in good condition at S.M.C.'s store

at his own cost.

GC-62 MATERIALS PROCURED WITH ASSISTANCE OF THE OWNER

Notwithstanding anything contained to the contrary in any of the clauses of this contract, where any

Materials for the execution of the contract are procured with the assistance of the S.M.C. either by issue

from S.M.C. stock or purchase made under orders or permits or licences issued by the Government, the

contractor shall hold the same Materials as trustees for owner and use such Materials economically and

solely for the purpose of contract and not dispose them off without the permission of S.M.C.and return, iif

required by Engineer-in-charge, all surplus or unserviceable Materials that may be left with him after the

completion of the contract or at its termination for any reason whatsoever on his being paid or credited

such prices as Engineer-in-charge shall determine having due regard to the conditions of the Materials.

The price allowed to contractor shall not exceed the amount charged to him excluding the storage

charges if any. The decision of Engineer-in-charge shall be final and conclusive in such matters. In the

event of breach of the aforesaid condition, the contractor shall in terms of licence of permits and/or for

criminal breach of trust be liable to compensateS.M.C. at double rate or any higher rates.In the event of

these Materials at that time having higher rate or not being available in the market then any other rate to be

determined by the Engineer-in-charge and his decision shall be final and conclusive.

GC-63 MATERIALS OBTAINED FROM DISMANTLING

If the contractor, in the course of execution of work is called upon to dismantle any part for reasons other

than on account of bad or imperfect work, the Materials obtained from dismantling will be the property of

the S.M.C. and will be disposed of as per instruction of Engineer-in-charge in the best interest of the

GC-64 ARTICLE OF VALUE OR TREASURE FOUND DURING CONSTRUCTION

All gold, silver and other minerals of any discription and all previous stones, coins, treasures, relics,

antiquities and other similar things which shall be found in under or upon site shall be the property of the

owner and the contractor shall property preserve the same to the satisfaction of Engineer-in-charge and

shall hand over the same to the owner.

GC-65 DISCREPANCIES BETWEEN INSTRUCTIONS

If there is any discrepancy between the various stipulations of the contract documents of instructions to the

contractor or his authorised representative or if any doubt arises as in the meaning of such stipulation or

instructions, the contractor shall immediately refer in writing to the Engineer-in-charge whose decision

shall be final and conclusive and no claim for losses caused by such discrepancy,shall in any event be

Incase there is any descripancy in measurements shownin drawinge and specifications, the same shown in

drawing shall be considered as final and will be binding upon the contractor.

GC-66 SCHEDULE OF QUANTITIES AND EXTRA ITEMS

Schedule of Quantities

Variations in the quantities of work in schedule of quantities shall not vitiate the contract. The rates quoted

for the individual items shall apply for the quantities of work increased or decreased by not more than

twenty percent for each of the items,should the quantities of work actually involved under any item very

by more than twenty (20%) percent, the rate for such item of work shall be revised in accordance with the

procedures indicated under clause "Extra Items". The payment for the items will, however, continue to be

at the original rate till the revised rate decided.

Extra Items of work shall not vitiate the contract. The contractor shall be bound to execute extra

items of work as directed by the Engineer-in-charge. The rates for extra items shall be derived from

the S.O.R.(R&B Division) Year 2024-2025 and quoted premium of tender. If the rate of extra item is

not available in S.O.R. it will be derived on prevailing market rate.

GC-67 ACTION WHEN NO SPECIFICATION IS ISSUED

In case of any class of work for which no specification is supplied by the S.M.C. in the tender

documents,such work shall be carried out in accordance with I.S.S. do not cover the same, the work should

be carried out as per standard Engineering practice subject to the approval of Engineer-in- charge.

GC-68 ABNORMAL RATES

Contractor is expected to quote rate for each item after careful analysis of cost involved for the

performance of the completed item considering all specifications and conditions of contract. This will

avoid loss of profit or gain in case of curtailment or change or specification for any item. In case it is

notice that the rates quoted by a tenderer for any item is usually high or unusually low, it will be sufficient

cause for rejection of tender unless the S.M.C. is convinced about the reasonableness of the rates on

scrutiny of the analysis for such rate to the furnish-ing by the tenderer or demand.

GC-69 ASSISTANCE TO ENGINEER-IN-CHARGE

Contractor shall make available to Engineer-in-charge free of cost all necessary instruments and

assistance in checking of any work made by the contractor for taking measurement of work.

GC-70 TEST OF QUALITY OF WORK

1. All Workmanship shall be of the best kind described in the contract document and in accordance

with the instructions of Engineer-in-charge and shall be subjected from time to time to such test at

contractor's cost as the Engineer-in-charge may directed at the place of manufacture of fabrication or on site

or at any such place.Contractor shall provide assistance, instruments labour and Materials as are normally

required for examining measuring and testing any work Workmanship as may be selected and required by

Engineer-in-charge.

2. All tests will be necessary in connection with the execution of work as decided by Engineer-in-

charge shall be carried out at an approved laboratory at contractor's cost.

3. The contractor shall furnish to Engineer - in - charge for approval when requested or if required

by the specification adequate samples of all Materials and finished goods to be used in work and

sufficiently in advance to permit test and examination thereof. All Materials furnished and finished goods

applied in work shall be exactly as per the approved samples.

4. All the testing charges shall be borne by the Contractor.

GC-71 ACTION AND COMPENSATION IN CASE OF BAD WORKMANSHIP

If it shall appear to the Engineer-in-charge that any work has been executed with Materials of inferior

description, or quality or are unsound or with unsound imperfect or unskilled Workmanship or otherwise

accordance with the contractor shall, no demand in writing from Engineer-in-charge or his authorised

representative specifying the work, Materials or articles compained of, not with standing that the same may

have been inadvertantly passed, certified and paid for forthwith rectify or remove and reconstruct the

work, specified and in the event of failure to do so within a period to be specified by Engineer- in-charge

in his aforesaid demand, contractor shall be liable to pay compensation at the rate of one (1) percent of the

tendered cost of work for every Ten (10) days limited to a maximum of Ten (10%) Percent of the value of

work while his failure to do so continue and in the case of any such failure the Engineer-in- charge may

on expiry of the notice period rectify and remove and re-execut the work or remove and replace with other

at the risk and cost of the Contractor. The decision of the Engineer-in- charge as to any question arising

under this clause shall be final and conclusive.

GC-72 SUSPENSION OF WORK

Contractor shall, if ordered in writing by Engineer-in-charge or his representative temporarily suspended the

work or any part thereof for such time (not exceeding two months) as ordered and shall not after receiving

such written order proceed with the work until he shall have received a written order to proceed therewith

the contractor shall not be entitled to claim compensa- tion for any loss or damage sustained by him by

reason of temporary suspension of work as aforesaid. An extention of time for completion of work will

be granted to the contractor corresponding to the delay caused by such suspension of work if the applied

for the same provided the suspension was not conse- quent upon any default or failure on the part of the

GC-73 OWNER MAY DO PART OF THE WORK

When the contractor fails to comply with any instructions given in accordance with the provisions of this

contract,the S.M.C. has the right to carry out such parts of work as the S.M.C. may designate whether by

purchasing Materials and engaging labour or by the agency of another contractor. In such case the

S.M.C.shall deduct from the amount which otherwise might become due to contractor the cost of such

work and Materials with Ten (10%) percent added to cover all departmental charges and should the total

amount thereof exceed the amount due to contractor, contractor shall pay the difference to S.M.C.

GC-74 POSSESSION PRIOR TO COMPLETION

The Engineer-in-charge shall have the right to take possession of or to use any completed or partly

completed work or part of work,such possession or use shall not be deemed to be an acceptance of any

work completed in accordance with the contractor. If such prior possession or use by Engineer-in-

charge delays the progress of work, equitable adjustment in the time of completion will be made and the

contract shall be deemed to be modified accordingly.

GC-76 SCHEDULE OF RATES

1. The price/rates quoted by the contractor shall be remain firm till the issue of finalcertificate and

shall be subject to price ADJUSTMENT CLAUSE GC-35. Schedule of rates shall be deemed to include

and cover all costs expenses and liabilities of every description and all risks of every kind to be taken in

executing, completing and handling overwork to owner by contractor. Contractor shall be deemed to

have known the nature, scope, magnitude and the extent of work and Materials required through contract

documents may not fully and precisely furnish them. He shall make such provision in the schedule of

rates as he may consider necessary to cover the cost of such items of work and Materials as may

bereasonable and necessary to completion work. The opinion of Engineer-in-charge as to the item of work

shall be final and binding on Contractor although the same may be not shown on or described specifically

in contract documents.

2. The Schedule of rates shall be deemed to include and cover the cost of all constructional plant,

temporary work, pumps, Materials, labour and all other Materials in connection with each item in schedule

of rates and the execution of work or any portion thereof furnished complete in every respect and

maintained as shown or described in the contract document or as may be ordered in writing during the

continuance of the contract.

3. The Schedule of rates shall be deemed to include and cover the cost of all royalties and free for the

articles and processes, protected by letters patent or otherwise incorporated in or used in connection with

work, also all royalities, and other payments in connection with Materials of whatsoever kind for work and

shall include an indemnity to-owner which contractor hereby gives against all action, proceeding, claims,

damages, costs and expenses arising from the incorporation in use of work of any such articles, processes or

Materials. Octroi of other Municipal or Local Board charges if levied on Materials equipment of

machineries to be brought to site for use on work shall be borne by the contractor.

4. No exemption or reduction of custom duties excise duties, sales-tax or any other taxes or charges

of the Central or State Government any local body whatsoever will be granted to obtained. All of such

expenses shall be deemed to have been included in and covered by schedule of rates. Contractor will also

obtained and pay for all permits or other privileges necessary to complete work.

5. The schedule of rates shall be deemed to include and cover risk on account of delay or

intereference with contractor's conduct of work which may occure from any cause including orders of

S.M.C. in the exercise of his power and no account of extension of time granted due to various reasons.

6. For work under unit rate basis no alteration will be allowed in the schedule of rates by reason of

work or any part of them being field, altered extended, diminished or ommitted.

GC-77 PROCEDURE FOR MEASUREMENT OF WORK IN PROGRESS

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

the representative of Engineer-in-charge and contractor's authorised agent. Such measurements will be got

recorded in the measurement book by the Engineer or his authorised representative and signed by

contractor or his authorised agent in token of acceptance. If the contract or his authorised agent fails to

be present when even required by the Engineer-in-charge for taking measurements for any reasons

whatsoever, the measurement will be taken by the Engineer - in - charge or his authorised representative not

withstanding the absence of contract and these measurement will be deemed to be correct and binding on

2. Contractor will submit a bill in approved proforma in duplicate to the Engineer - in - charge of

the work giving abstract and detailed measurements of various items executed during a month as mutually

agreed. The Engineer-in-charge shall verify the bill and the claim, far as admissible, adjusted if

possible, within 10 days of presentation of the bills.

3. In case of Tenders for completed items of work, contractor may be allowed 'Secured Advance' on

the Security of Materials brought to site for execution of the constructed items of work the extent of 75% of

the value of Materials of unperishable nature and an agreement bedrawn up with contractor under which the

owner secured a lien on these Materials and is safe guarded against losses due to any reasons

whatsoever. Recoveries of advance paid would not be post-poned till the whole work is completed but

shall be adjusted from his work done or the Materials used, the necessary deductions being made when the

items of work in which they are used and are billed for. When the mode of measurement is not covered

by contract for any item of work it shall be as per latest I.S.I.

GC-78 RUNNING ACCOUNT PAYMENT TO BE RECOVERDED AS ADVANCES

1. All running account payments shall be regarded as payments by way of advance against the final

payment only and not as payment for work actually done and completed and shall not preclude the

requiring of bad, unsound and imperfect or unskilled work to be removed and taken away and

reconstructed or to be considered as an admission of the due performance of contract or any part thereof.

GC-79 NOTICE FOR CLAIM FOR ADDITIONAL PAYMENT

If the contractor considers that he is entitled to extra payment or compensation or any claim whatsoever in

respect of work, he shall forthwith give notice in writing to the Engineer-in-charge about his extra payment

and/or compensation. Such notice shall be given to the Engineer-in-charge within Ten (10) days from the

happening of any event upon which contractor basis such claims and such notice shall contain full

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

contractor to put forward any claim with the necessary particulars as above within the time above

specifed shall be an absolute waiver thereof. No commission by S.M.C. to reject any such claim and no

delay in dealing therewith shall be waiver by S.M.C. of any rights in respect thereof.

GC-80 PAYMENT OF CONTRACTOR'S BILL

1. The price to be paid by the S.M.C. to contractor for the work to be done and for the performance

of all the obligations under taken by the contractor under contract shall be based on the contract price and

payment to be made accordingly for the work actually executed and approved by the Engineer-in-charge.

2. No payment shall be made for work costing less than Rs.5,000/-till the work is completed and a

certificate of completion given. But in case of work estimated to cost more than Rs.5,000/- contractor on

submitting the bill thereof will be entitled to receive a monthly payment, proportionate to the part thereof,

approved and passed by Engineer-in-charge whose certificate of such approval and passing of the sum

so payable shall be final and conclusive against contractor. This payment will be made after making

necessary deductions as stipulated elsewhere in the contract documents for Materials, security

deposit, etc. The payment shall be released to the contractor within Thirty (30) days of submission of

the bill in case of running bill and with in two (02) months in case of final bill, contractor shall present the

bill duly pre-receipted on proper revenue stamp.

Payment due to Contractor shall be made by the by crossed Accounts payee cheque in Indian currency

forwarding the same to the registered office of the contractor. Owner shall not be responsible if the cheque

is mislaid or misappropriated by unauthorised person.

GC-81 FINAL BILL

The final bill shall be submitted by Contractor within two (02) month of the date of physical completion of

work, Otherwise the Engineer-in-charge certificate of the measurement and of total amount payable for work

work, Otherwise the Engineer-in-charge certificate of the measurement and of total amount payable for work

shall be finalised binding on all parties.

GC-82 RECEIPT FOR PAYMENT

Receipt for payment made on account of work when executed by a firm must be signed by a person holding

power of attorney in this respect on behalf of contractor except when described in the tender as a limited

company in which case the receipt must be signed in the name of the company by one of its principal

officers or by some other person having authority to give effectual receipt for the Company.

GC-83 COMPLETION CERTIFICATE

1. When the contractor fulfil his obligation as per terms of contract he shall be eligible to apply

for completion certificate. Contractor may apply for separate completion certificate in respecf of each

such portion of work by submitting the completion documents alongwith such application for completion

The Engineer-in-charge shall normally issue to contractor the completion certificate within 2 (Two) month

after receiving an application thereof from contractor after verifying from the complete documents and

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

erection drawings and the contract document. Contractor after obatining the completion certifi-cate is

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

2. Within 2 (Two) month of completion of work in all respect contractor shall be furnished with a

certificate by the Engineer-in-charge of such completion but no certificate shall be given nor shall work be

deemed to have been executed, until all (1) scaffolding, surplus Materials and rubbish is clearing off site

completely (2) until work shall have been measured by the Engineer-in-charge whose measurement shall be

binding and conclusive and (3) until all the temporary works, labour and staff colonies etc.constructed are

removed and the work site cleaned to the satisfaction of the Engineer-in-charge. If contractors shall fail to

comply with the requirements as aforesaid or before date fixed for the completion of work,the Engineer-in-

charge may at the expenses of contractor remove such scaffolding, surplus Materials and rubbish and

dispose of the same he thinks fit.

3. The following documents will form the completion documents :

(a) Technical documents according to which work was carried out.

(b) Construction drawings showing therein the modifications and corrections made during the

course of execution signed by Engineer-in-charge.

(c) Completion certificate for "Embedded" or "Covered" up work.

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

(e) Material appropriation statement for the Materials issued by owner for work and list of

surplus Materials returned to S.M.C.'s store duly supported by necessary documents.

4. Upon expiry of the period of defects liability and subject to Engineer-in-charge being satisfied that

Has been duly maintained by contractor during the defects liability period as fixed originally, or as external

subsequently and the contractor has in all respects made up by subsidence and performed all his

obligations under contract, the Engineer- in-charge shall (without prejudice to the rights of owner in

any way) give final certificate to that effect. The Contractor shall not be considered to have fulfilled

the whole of his obligation until final certificate shall have been given by the Engineer-in-charge

notwithstanding previous entry upon and taking possession, working or using of the same or any part thereof

5. Final Certificate only Evidence of Completion

Except the final certificate no other certificate or payments against a certificate or an general account shall

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

occupancy validity of any claim by the contractor.

GC-84 TAXES, DUTIES, OCTROI, ETC.

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

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

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

time to time inforce.

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

prevailing norms of Govt. of Gujarat.

GC-85 INSURANCE

Contractor shall at his own expenses carry and maintain with reputable Insurance Companies to the

satisfaction of owner as follows :

1. Employees State Insurance Act

Contractor agrees to and does hereby accept full and exclusive liability for compliance with all obliga-tions

imposed by the Employees' State Insurance Act 1948, and Contractor further agree to defend, indemnify

and hold owner harmless from any liability or penalty which may be imposed by the Central or State

Government of Local authority by reasons of any asserted violation by contractor or Sub-Contractor of the

Employees' State Insurance Act, 1948 and also from all claims, suits or proceedings that may be brought

against owner arising tender, growing out of or by reasons of the work provided for by this contract

whether brought by employees of Contractor, by third parties or by Central or State Government authority

or any administrative Sub-division thereof. Contractor agrees to fill in with the Employees State

Insurance Corporation, the declaration from and all forms which may be required in respect Contractor's or

Sub-contractor's employees these aggregate remuneration is Rs. 400/-p.m.or less and who are employed in

work provided for or those covered by E.S.I from time to time under the agreement. The Contractor shall

deduct and secure the agreement of the Sub-contractor to deduct the employees' contribution as per the

first Schedule of the Employees' State Insurance Act from wages. Contractor shall remit and secure the

agreement of Sub-contractor to remit to the State Bank of India Employees' State Insurance Corporation

Accounts, the employees contribution as required by the Act Contractor agrees to maintain all cares and

record as required under the Act in respect of employees and payments and contractor shall secure the

agreements of the sub-contractors to maintain such records, any expenses incurred for the contributions or

maintaining records shall be to contractor's or sub- contractor' account. Owner shall retain such sum as

may be necessary from the contract value until contractor shall furnish satisfactory proof that all

contribution as required by the Employees' State Insurance Act 1948 have been paid.

2. Workman's Compensation And Employees Liability Insurance

Insurance shall be effected for all contractors employees engaged in the performance of this contact. If

any part of work is sublet, contractor shall require the sub-contractor to provide workmans' compensation

and employer's liability insurance which may be required by owner.

3. Other Insurance required under law or regulation by owner

Contractor shall also carry and maintain any and all other insurance which may be required under any law

or regulation from time to time. He shall also carry and maintain any other insurance which may be

GC-86 DAMAGE TO PROPERTY

1. Contractor shall be responsible for making good to the satisfaction of owner any loss of and any damage

to all structures and properties belonging to owner or being executed or Procured by owner or of other

Agencies within the premises of all work of owner, if such loss or damage is due to fault and / or the

negligence or will full act or ommission of contractor, his employees, agent representatives or Sub-

2. Contractors shall indemnify and keep owner harmless of all claims for damage to properties other than

S.M.C's property arising under or by reasons of this agreement if such claims result from the fault and / or

negliance or wilful act of ommission of contractor,his employees, agents, representatives or sub-contractors.

GC-87 OUR LAWS AND REGULATIONS

1.The contractor shall be reponsible for the strict compliance of and shall ensure strict compliance by his

sub contractor employees and agents of all labours and others laws, rules or regulations having the force

of law affecting the relationship of employer and employee between the contractor/ sub-contractor and

their respective employees.

2.No labour below the age of eighteen (18) year be employed on work.

3.Contractor shall pay to the labours engaged on work according the law.

4. The Contractor and sub-contractors o f the contractor shall obtain proper authority disignated in this

behalf under any application law, rules or regulations (including but not restricted to the factories Act and

Contract Labour Abolition and Regulation Act 1970,) in so far as applicable) any and all such licences,

consents, Registration and / or other authorisation as shall from time to time be or become necessary

for relatint to the execution of work or any part of portion thereof or the storage or supply of any Materials

or otherwise in connection with the performance of the contract and shall at all times observance by

the sub- contractors, employees and agents of all terms and conditions of the said licences,consents,

regulation and other authorisa- tion and laws, rules and regulations applicable thereto.

GC-88 CONTRACTOR TO INDEMNIFY OWNER

1. The Contractor shall indemnify and keep indemnified the owner and every member, officer and

employee of owner from and against all action, claims, demands and liabilities whatsoever and in respect

of the breach of any of the above clauses and/or against any claim, action or demand by any workman/

employee of the contractor or any sub-contractor and or from any liability and way to any workman /

employee of the contractor or any sub-contractor under any law, rule or regulations having the force of

law, including but not limited to claims against the owner under the workman compensation Act

The employees' Provident Funds Act 1952 and/or the Contract Labour (Abolition and Regulations) Act,

2. Payment of claims and damages

If owner has to pay any money in respect of such claims or demands as aforesaid, the amount so paid and

the cost incurred by the owner shall be charged to and paid by contractor without any dispute

notwithstanding the same may have been paid without the consent or authority of the Contractor.

3. In every case in which by virtue of any provision applicable in the workman's Compensation Act

1923 or any other Act, be obliged to pay compensation to workman employed by Contractor the amount

of compensation so paid, and without prejudice to the rights of S.M.C. under sec.(12) Sub-section (2) of

the said Act, S.M.C. shall be at liberty to recover such amount from any surplus due to the contractor

or the security deposit. S.M.C. will not be bound to contest any claim made under section (12) Sub-

section (2) of the said Act except or written request of Contractor and upon the contesting of such

4. The Contractor shall protect adjourning sites against structural decorative and other damages that

could be caused to adjourning premises by the execution of these works and made good at his cost, any

such damage, so caused.

GC-89 IMPLEMENTATION OF APPRENTICE ACT

Contractor shall comply with the provisions of the Apprentice Act 1964 and the orders issued thereunder

from time to time. If the fails to do so, it will be a breach of contract. Contractor shall also be liable for any

particular liability arising on account of any violation of the provisions of the Act by him.

GC-90 HEALTH AND SANITARY ARRANGEMENTS FOR WORKERS

Contractor shall comply with all the rules and regulations of the local sanitary authorities or as framed by

owner from time to time for the protection of health and sanitary arrangements of all labour directly or

indirectly employed on the work of this contract.

GC-91 SAFETY CODE

Contractor shall adhere to safe construction practice and gurard against hazardous and unsafe working

conditions and shall comply with owner's safety rules and set fourth herein.

1. First Aid and Industrial Injuries

1.1 Contractor shall maintain first aid facilities for its employees and chose of his sub-contractor.

1.2 Contractor shall make outside arrangements for ambulance service and for the treatment of

industrial injuries. Name of those providing these services shall be furnished to Engineer-in-charge prior

to start of construction, and their telephone numbers shall be prominently posted in contractor's field

1.3 All injuries shall be reported promptly to Engineer- in-charge, and a copy of Contractor's

report covering each personal injury requiring the attention of a physician shall be furnished to owner.

2. General Rules

2.1 Carrying, striking, matches, lighters inside the project area & smoking within the job site is strictly

probibited Violators of smoking rules shall be discharged immediately. Within the operation area, not hot work

shall be permitted without valid gas safety, fire permits. The Contractor shall also be held liable and responsible

for all lapses of his sub-contractors/ employees in this regards.

3.1 Suitable scaffolding shall be provided for workmen for all works that can not safely be done from the

ground or from solid construction except such short period work as can be done safely from ladders. When a

ladder is used, an extra mazdoor shall be engaged for holding the ladder and if the latter is used for carrying

Materials as well, suitable foothold sand handholds shall be provided on the ladder and the same shall be

given inclination not steeper than 1 to 4 (1 horizontal and 4 vertical).

3.2 Scaffolding or stagging more than 3.6 M (12') above the ground or floor, swing or suspended from

an overhead support or erected with stationary support shall have a guard rail properly attached, bolted, braced

and otherwise fixed at least 1.0 M (3') high above the floor or platform of scaffolding or staging and extending

along the entire length of the outside ends thereof with only such openings as may be necessary for the delivery

of Materials. Such scaffolfing or staging shall be so fastened as to prevent it from swaying from the building or

4. Maintenance of Safety Devices

4.1 All scaffolds,ladders and other safety devices mentioned or described herein shall be maintained in

some conditions and no scaffold, ladder or equipment shall be altered or removed while it is in use.

Adequate washing facilities should be provided at or near place or work.

5. Display or Safety Instructions

5.1 These safety provisions should be brought to the notice of all concerned by display on a notice board

at a prominent place at the work-spot. The person responsible for compliance of the safety code shall be named

therein by the Contractor.

6. Enforcement of Safety Regulations

6.1 To ensure effective enforcement of the rules and regula-tions relating safety precautions, the

arrangements made by the contractor shall be open to inspection by the welfare Officer, Engineer-in-charge of

safety Engineer of the owner or their representatives.

7. No Exemption

7.1 Notwithstanding the above clause 1.0 to 13.0 there is nothing to exempt the contractor from the

operations of any other Act or rules in force in the Republic of India.

7.2 In addition to the above, the Contractor shall abide by the safety code provision as per C.P.W.D. Safety

Code framed from time to time.

GC-92 ACCIDENTS

It shall be the contractor's responsibility to protect against accidents on the work. He shall indemnify the

Municipal Corporation against any claim for damage or for injury to persons or property resulting from, and in

the course of work and also under the provision of the Workman's Compensation Act. On the occurance of an

accident arising out of the works which results in death or which is so serious as to be likely to result in

death, the contractor shall within twenty four hours of such accident, report in writing to the Engineer-in-

charge, the facts stating clearly and is sufficient details the circumstances of such accident and the subsequent

action. All other accidents on the works involving injuries to persons or damage to property other than that of

the contractors shall be promptly reported to the Engineer-in-charge stating clarly and in sufficient details

and facts and circumstances of the accidents and the action taken. In all cases the contractor shall indemnify

the Municipal Corporation against all loss of damage resulting directly or indirectly from the Contractor's

failure to report in the manner aforesaid. This includes panalties or fine consequency of failure to give

notice under the workman's compensation Act or failure to confirm to the provisions of the said. Act in regard

to such accidents.

In the event of an accident in respect of which compensation may become payable under the workmens

compensation Act VIII of 1923 including all modification thereof whether such compensation may become

payable by the contractor or by the Municipal Corporation as principal employer, the Engineer-in-charge

may retain out of money due and payable to the contractor such sum or sums of money as may, in the opinion of

the Engineer-in-charge be sufficient to meet such liability. On receipt of award from the labour commission in

regard to quantum of compensation, the difference in amount will be adjusted.

GC-93 It is clarified that if the contractor makes his own arrangements for water required for construction and

labour camp etc. by drilling bore. No water charges will be recovered from the contractor. On the

otherhand, even if the contractor is not taking connection and makes other arrangement to use Municipal

water by tanker or tapping water from near private connection even so water charges shall be recovered as

per relevant condition of the tender. As per City Engineer Note No.386, dtd.30/7/2012

GC-93 (A) PRICE VARIATION CLAUSE:

No Price Variation difference will be paid to the contractor for Labour, Materials, P.O.L. (Fuel) or any other

material for the work

GC-93 (B) STAR RATE & DIFFERENCE FOR REINFORCEMENT STEEL & CEMENT:

No star rate or basic rate difference will be paid to the contractor for cement , steel reinforcement or any other

material for the work.

GC-94 GOODS AND SERVICE TAX (GST)

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

RENOVATION / FABRICATION OF STRUCTURE INCLUDING BUILDING (MEANS ALL WORKS CONTACT / TURN

KEY PROJECTS / SUPLY OF MATERIAL / GOODS)

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

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

upon during the course of execution of this Contract.

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

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

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

authority along with a certificate from Chartered Accountant of Contractor / Successful Bidder certifying that the

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

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

Successful Bidder / Contractor, failing which SMC and decision of Municipal Commissioner shall be final and

binding on the Contractor / Successful Bidder in this regard Further the non-payment of GST to the Government

may lead to the termination of contact and forfeiture of security Deposit / Performance Guarantee Amount.

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

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

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

liable for the same.

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

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

Note :- The Rates mentioned in BOQ are excluding GST. GST will be reimbursed separately (if applicable as per

the opinion of Account department of SMC / GST Consultant of SMC) as per the prevailing GST Rates decided

by the Government. The contractor is invariably bound to any changes in GST Rates made during the course of

the work. The payment (if applicable) for GST will be only released only after the applicable Amount reflects on

Government portal. Decision of Account Department of SMC regarding applicable GST Rates will be final.

GC-95 SECURED ADVANCES:

No Secured advances shall be paid.

GC-96 SUBMISSION / COMPULSION BY CONTRACTOR

The contractor registered with S.M.C. or any other Govt. organisation is required to employ minimal

technical staff as detailed in the certificate issued to him. If contractor does not employ same technical staff

over works entrusted to him, should submit photo-identity and education qualification of technical staff

appointed at site.

"The contractor shall have to keep the record of the labourers employed for the concerned work. The

contractor should provide attendance card, identification card, pay slip etc to the labourers employed.

Further, the amount of E.S.I. & Provident Fund should be deducted from the salary of the labourers

employed and such amount should invariably be deposited to the concerned Government Departments. In

addition, the amount of social security under E.P.F. & M.P. act 1952 shall be recovered every month & such

amount should invariably be deposited directly to the concern Government Departments. In the same

context, the details regarding such amount deposited to the concern Govt. Deptt. and labourers employed

shall be furnished to the office of Traffic Cell Department of S.M.C. every month.In case of failure, such

amount shall be deducted/recovered from the running bill directly in accordance with the details given by

contractor regarding labourers employed and as per the prevailing rules of Government.In absence of detail,

an adhoc suitable amount of the total amount of work done shall be recovered directly from the running

an adhoc suitable amount of the total amount of work done shall be recovered directly from the running

bills. On submission of evidence of recovery of such amount, the amount recovered/deducted shall be

released in the next bill after due sanction of Competent Authority of S.M.C.”

GC-97 SPECIAL RISK

If during the contract, there shall be outbreak of war (whether war is declared or not), major epidemic,

earthquake, or similar occurrence in any part of the world beyond the control of either party to the contract

which whether financially or otherwise materially affects the execution of the contract, the contractor shall

unless and until, the contract is terminated under the provisions of this article, use his best endeavors to

complete the execution of the contract, provided always that the Corporation shall be entitled at any time

after the onset of such special risks, to terminate the contract by giving written notice to the contractor and

upon such notice being given this contract shall terminate but without prejudice to the rights of either party

in respect of any antecedent breach thereof. If any of the works, or materials to be deli subjected to damage

or distribution by reasons for the special risks, the contractor shall be entitled to payment for such damage

or destroyed materials and to any costs involved in making good damages or destroyed materials as may be

required by the Municipal Corporation.

The contractor shall not be liable for payment of compensation for delay or for failure to perform the

contract for reasons of Force Majeure such as acts of public enemy, acts of Government fires, floods,

cyclone, epidemics, quarantine restrictions, lockouts, strikes, freight embargoes and provided that the

contractor shall within Ten (10) days from the beginning of such delay notify the Engineer-in-charge in

writing the cause of delay. The Municipal Commissioner shall verify the facts and grant such extension as

the facts justify.

GC-98 SECURITY DEPOSIT

The person/persons whose tender may be accepted (hereinafter called the contractor, which expression

shall unless excluded by or repugant to the context include his heirs, executors, administrators and

assignees) shall (within 10 days of the receipt by him of the notification of the acceptance of his tender

otherwise 0.065% per day of S.D. amount will be charged as penalty) deposit with Municipal Commissioner

in cash or Government securities endorsed to the Commissioner sum sufficient which will make up the

security deposit specified in the tender.

If the amount of the security deposit to be paid in lump sump within the period specified above is not paid

the tender contract already accepted shall be considered as cancelled. The security deposit lodged by

contractor shall be refunded after the expiry of the Defects Liability period as shown in the attached

Memorandum after deducting dues, ifany, which become liable to be recovered from the contractor

under the terms and conditions of this Agreement.

GC-99 COMPENSATION OF THE DELAY

The time allowed for carrying out the work as entered in the ender shall be strictly observed by the

contractor and shall be reckoned from the date on which the order to commence work is given to the

contractor. The work shall through out the stipulated period of the contract be proceeded with, all due

diligence (time being deemed to be the assence of the contract on the part of the contractor) and the

contractor shall pay as conpensation a percentage amount (shown in the attached Memorandum) of the

tendered cost of the whole work as shown by the tender for every day that the work remains

uncommenced or unfinished after the proper days, And further to ensure good progress during the

execution of the work the contractor shall be bound, in all cases in which the time allowed for any work

exceeds one month, to complete parts of the work during the period shown in the attached Memorandum.

In the event of the contractor failing to comply with these conditions he shall be liable to pay as

compensation in form of liquidated damages, the amount mentioned above for every day that

the due quantity of work remained incomplete provided always that the total amount of

the due quantity of work remained incomplete provided always that the total amount of

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

Tendered cost of the work as shown in the tender.

GC-100 ACTION WHEN WHOLE OF SECURITY DEPOSIT IS FOREFITED

In any case in which under any clause of or clauses this contract the contractor shall have tendered himself

liable to pay compensation amounting to the whole of this security deposit (whether paid in one sum or

deducted by instalments) or in the case of abandonment of the work owing to serious illness or death

of the contractor or any other causes, the Commissioner on behalf of the Corporation shall have power to

adopt of the following courses, as he may deem best suited to the interest of Municipal Corporation .

(a) To rescind the contract (of which rescission notice in writting to the contractor under the hand of

the Commissioner shall be conclusive evidence) and in that case that security deposit of the contractor

shall stand forefeited and be absolutely at the disposal of Municipal Corporation .

(b) To employ labour paid by the related Zone and to supply material to carry out the works, or any

part of the work debitting, the contractor with errectness of which cost and price the certificate of

Executive Engineer shall be final and conclusive against the contractor and crediting him with the value of

the work done,in all respects in the same manner and at the same rates as if it had been carried out by the

contractor under the terms of his contract, and in that case the certifate of the Executive Engineer as to

the value of the work done shall be final and conclusive agains the contractor.

(c) To order that the work of the contractor be in measured up and to take such part thereof as shall

unexecuted out of his hands, and to give it to another contractor to complete, in which case any expenses

which may be incurred in excess of the sum which would have been paid to original ontractor, if the whole

work had been executed by him (as to the amount of which excess expenses the certificate in writing of the

Executive Engineer shall be finl and conclusive) be borne & paid by the original contractor shall be

deducted from any money due to him by Municipal Corporation under the contract or otherwise from his

security deposit or the proceeds of sale thereof, or a sufficient part thereof.

Action when the progress of any perticular portion of the work if unsatisfactory

In the event of any of the above courses be adopted by the Commissioner the contractor shall have no

claim to compensation for any loss sustained by him by reason of his purchased or procured any

materials or entered into any engagements, or made any advances on account of or with a view to the

execution of the work or the performance of the contract.And in case the contract shall be reseinded

under provision aforesaid, the contractor shall not be entitled to recover, or be paid any sum for any work

thereto actually performed by him under this contract unless and until the Executive Engineer shall have

certified in writing the performance of such work and the amount payable to him in respect thereof, and

he shall only be entitled to paid the Particular amount so certified.

GC-101 COMPENSATION TO LOSS

Contractor remains liable to pay compensation if action not taken under GC-22. If the progress of

any particular portion of the work is unsatisfactory the Commissioner shall notwithstanding that the

general progress of the work is satisfactory in accordance with GC-99, be entitled to take action

under GC-22 (b) after giving the contractor 10 day's notice in writing and contractor will have no

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

GC-102 Power to take possession of require to removal of, or self contractor's plan

In any case in which any of the powers conferred upon the Commissioner by GC-22 and GC-101

hereof shall have become exercisable and same shall not have been exercised the non-exercise

thereof shall not constitute a waiver of any of the conditions hereof such powers shall

notwithstanding be exercisable in any future case default by the contractor for which by any

cluase or clauses hereof he is declared liable to pay compensation mounting to the whole of his

security deposit require or and the liability of the contractor for past and future compensation

shall remain unaffected.

In the event of the Commissioner taking action under sub-caluse (a) or (c) of GC-22, he may, be

he so desire to take possession of all or any tools, plant materials and stores in or upon the works,

or the site thereof or belonging to the contractor, or procured by him and intended to be used for

the execution of the work of any part thereof, paying or allowing for the same in account at the

contract rates, or in the case of contract rates not being applicable, at current market rates,to be

cartified by the Executive Engineer whose certificate thereof shall be final. In the alternative the

Commissioner may by notice in writing to the contractor or his clerk of the works. Foremen or

other authorised agent require him to remove such tools, plant, materials, or stores from the

premises within a time specified in such notice; & in the event of the contractor failing to comply

with any such requisition, the Commissioner may remove them at the contractor's expense or sell

them by action or private sale at the risk and account of the contractor in all respects, and

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

proceeds and expense of any of any sale shall be final and conclusive against the contractor.

GC-103 EXTENSION OF TIME

If the Contractor shall desire an extension of the time for completion of the work on the ground of his

having been unavoidably hindered in its execution or on any other ground, he shall apply in writing to

the Commissioner within 30 days from the date on which he was hindered as aforesaid on or which the

cause for asking for extension occurred and the Commissioner may, if in his opinion, there are reasonable

grounds for granting an extension, grant such extension as he thinks necessary or proper. The

decision of the Competent authority in this matter shall be final and binding to all.

GC-104 FINAL CERTIFICATION

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

(hereinafter called the Engineer- in- charge) of such completion, but no such certificate shall be given nor

shall the work be considered to complete until the contactor shall have removed from the premises on which

the work shall have been executed all scaffolding, surplus materials and rubbish, and shall have cleaned

of the dirt from all woodwork, doors, windows,walls, floors or other parts of any building, in or upon

which the work has been executed,or of which he may have had possession for the purpose of executing

the work,nor until the work shall have been measured by the Engineer-in-charge or w here the measurement

have been taken by his subordinates until they have received the approval of the Engineer-in- charge,

the said measurement being binding and conclusive against the contractor.

If the contractor shall fail to comply with the requirements of this clause as to the removal of scaffolding,

surplus materials and rubbish. And cleaning off dirt on or before the date fixed for the completion of the

work, the Engineer-in-charge may, at the expense of the contractor remove such scaffolding surplus

material and rubbish, and dispose off the same as he thinks fit and clean off such dirt as aforesaid; and

contractor shall forthwith pay the amount off all expenses so incurred,but shall have no claim in respect

of any such scaffolding or surplus materials as aforesaid except for any sum actually realized by the sale

GC-105 PAYMENT ON INTERMEDIATE CERTIFICATE TO REGARDED AS ADVANCE.

No payment shall be made for any work, on estimated to cost less than rupees one thousand, till after the

whole of the said work shall have been completed & a certificate of completion given. But in the case of

works estimated to cost more than rupees one thousand, the contractor shall, on submiting a monthly bill

therefore be entitled to received payment proportionate to the percentage shown in the attached

Memorandum of the part of the works than approved and passed by the Engineer-in-charge, whose

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

All such intermediate payment shall be regarded as payment by way of advance against the final payments

only & not as payments for work actually done and completed and shall not preclude the Engineer-in-charge

from requiring bad, unsound imperfect of unskilful work to be removed & taken away & reconstructed, or

re-erected. nor shall any such payment be considered as an admission of the due performance of the contract

or any part thereof in any respect of the accruing of and claim; nor shall it conclude, determine or affect in

any way the Powers of the Engineer-in-charge as to the final settlement and adjustment of the accounts or

otherwise, or in any other way very or affect the contract. The final bill shall be submitted by the contractor

within one month of the date fixed for the completion of the work, otherwise the Engineer-in-charge's

certificate of the measurement and of the total amount payable for the work shall be final and binding on all

certificate of the measurement and of the total amount payable for the work shall be final and binding on all

GC-106 PAYMENT AT REDUCED RATE ON ACCOUNT OF ITEM OF WORK NOT ACCEPTED

AS COMPLETED TO BE THE DISCRETION OF THE ENGINEER-IN-CHARGE

The rates for serveral items of the work agreed to within, shall be valid only when the item concerned is

accepted as having been completed fully in accordance with the sanctioned specifications. In cases where the

items of works are not accepted at so completed the Engineer-in-charge may make payment on account of

such items at such reduced rates as he may consider reasonable in the prepartion of final or on account bills.

A bill may be submitted by the contractor once in each month on or before the date fixed by the Engineer-in-

charge for all works executed in the previous months, and the Engineer -in- charge shall take or cause to be

taken the requisite measurement for the purpose of having the same verified, and the claim, so far as it is

admissible shall be adjusted if possible within fifteen days from the presentation of the bill. If the contractor

does not submit the bill within the time fixed as aforesaid, Engineer-in-charge may depute a subordinate to

measure up the said work in the presence of the contractor or his duly authorised agent whose counter

signature to the measurement list shall be sufficient warrant, and the Engineer-in-charge may prepare a bill

from such list which shall be binding on the contractor in all respects.

GC-107BILLS TO BE ON PRINTED FORMS

The contractor shall submit all bills on the printed forms to be had on application at the office of the

Engineer-in-charge. The charges to be made in the bills shall always be entered at the rates specified in the

tender or in the case of any extra work ordered in pursuance of these conditions, and not mentioned or

provided for in the tender at the rates hereinafter provided for such work.

GC-108STORES SUPPLIED BY SMC

If the specification or estimate of the work provides for the use of any special description of materials to be

supplied from the Municipal Store or if it is required that the contractor shall use certain stores to be

provided by the Engineer-in-charge (such materials and stores and the prices to be charged thereof as

hereinafter mentioned being so far as practicable for the convenience of the contractor but not so as in any

way to control meaning or effect of the contract specified in the schedule or memorandum hereto annexed)

the contractor shall be supplied with such materials and stores as may be required from time to time to be

used by him for the purpose of the contract only and the value of the full quantity of materials and stores so

supplied shall be set off deducted form any sums then due, or thereafter to become due to the contractor

under the contract, or otherwise or from the security deposit, or the proceeds of sale thereof shall be deposit

is held in Governement securities the same or a sufficient portion there of shall in that case be sold for the

purpose. All material supplied to the contactor shall remain the absolute property of Municipal Corporation

and shall on no account be removed from the site of the work, and shall at all times be opened to inspection

by the Engineer-in-charge. Any such materials unused and in perfectly good condition at the time of

completion or determation of the contract shall be returned to the related zone store, if the Engineer-in-

charge so requires by a notice in writing given under his hand, but the contractor shall not be entitled to

return any such materials except with such consent and he shall have no claim for compensation on account

of any such materials supplied to him as aforesaid but remaining unused by him or for any wastage in or

damage thereto.

GC-109WORKS TO BE EXECUTED IN ACCORDANCE WITH SPECIFICATIONS, DRAWINGS

The contractor shall execute the whole and every part of the work in the most substantial and workman like

manner, and both as regards materials and in every other respect in strict accordance with the specifications.

The contractor shall also conform exactly, fully and faithfully to designs, drawings and instructions in

writing relating to the work signed by the Engineer-in-charge and lodged in his office and to which the

contractor shall be entitled to have access for the purpose of inspection at such office, or on the site of the

work during office hours, and the contractor shall, if he so requires, be entitled at his own expense to make

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

GC-110 ALTERNATION ON SPECIFICATIONS AND DESIGN NOT TO INVALIDATE

CONTRACTORS. RATES FOR WORKS NOT ENTERED IN ESTIMATE OR SCHEDULE TO

RATES OF THE SMC

The Engineer-in-charge shall have power to take any alteration in, or addition to the original specifications,

drawings, designs and instruction that may appear to him to be necessary or advisable during the progress of

the work, and the contractor shall be bound to carry out the work in accordance with any instructions in this

connection which may be given to him in writing signed by the Engineer- in-charge and such alteration shall

not invalidate the contract and any additional work which the contractor may be directed to do in the manner

above specified as part of the work shall be carried out by the contractor on the same conditions in all

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

main work. And if the additional and altered work includes any class of work for which on rates is specified

in this contract than such class of work shall be carried out at the rates entered in the schedule of rates of

Municipal Corporation or at the rates mutually agreed upon between the Engineer-in-charge and the

contractor whichever are lower if the additional or altered work for which no rate is entered in the schedule

of Rates of Municipal Corporation is ordered to be carried out before the rates are agreed upon then the

contractor shall, within seven days of the date of receipt by him of the order to carry out the work, inform

the Engineer-in-charge of the rate which it is his intention to charge for such class of work and if the

Engineer-in-charge does not agree to this rate he shall by notice in writing be at liberty to cancel his order to

carry out such class of work, and arrange to carry it out in such manner as he may consider advisable

provided always that if the contractor shall commence the work or incure any expenditure in regards thereto

before the rates shall have been determined as lastly herein before mentioned, then in such case he shall only

be entitled to be paid in such case he shall only be entitled to be paid in respect of the work carried out or

expenditure incurred by him prior to the date of the determination of the rate as aforesaid according to such

rate or rates as shall be fixed by the Engineer-in-charge. In the event of a dispute, the decision of the

Commissioner will be final.

Where, however, the work shall have to be executed according to the designs; drawings and specifications

recommended by the contractor and accepted by the competent authority the alteration above referred to

shall within the scope of such designs drawings and specification appended to the tender.

Extension of time in consequence of additions or alterations. The time limit for the completion of work shall

be extended in the proportion that the increase in its cost occasioned by alterations or addition the cost of the

original contract work, and the certificate of the Engineer-in-charge as to such proportion shall be

GC-111 NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORKS TO BE

If at any time after the execution of the contract documents the engineer-in-charge shall for any reason

whatsoever, require the whole or any part of the work as specified in the tender to be stopped for any period

or shall not require the whole or part of the work to be carried out at all or to be carried out by the contractor,

he shall give notice in writing of the fact to the contractor who shall thereupon suspend or stop, the work

totally or partially, as the case may be. In any such case, except as provided hereunder, the contractor shall

have no claim to any payment or compensation whatsoever on account of any profit or advantage which he

might have derived from the execution of the work in full but which he did not so derive in consequence of

the full amount of the work nor having been carried out, or on account of any loss that he may be put to on

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

He shall not also have any claim for compensation by reason of any alteration having been made in the

original specifications, drawings, designs and instructions may involve any curtailment of the work as

originals contemplated. Where which however, materials have already been purchased or agreed to be

purchased by the contractor, before receipt by him of the said notice, the contractor shall be paid for such

materials at the rate determined by the Engineer-in-charge, provided they are not in excess of requirements

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

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

Engineer-in-charge, whose decision shall be final. If the contractor suffers any loss on account of his having

to pay labour charges during the period during which to stoppage of work has been ordered under this clause

the contractor shall on application be entitled to such compensation on account of labour charges as the

Engineer-in-charge, whose decision shall be final, may consider reasonable, provided that the contractor

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

charge, the labour could have been employed by the contractor elsewhere for the whole or part of the period

during which the stoppage of the work has been ordered as a foresaid.

GC-112ON CLAIM TO COMPENSATION ON ACCOUNT OF LOSS DUE TO DELAY IN SUPPLY

OF MATERIALS BY SMC.