CONSTRUCTION OF BOX CULVERT NEAR GUMANSINHJI SHOPPING CENTER AND VALMIKI AWAS IN WARD NO. 3, RAJKOT RETENDER

5. Opening of online technical bid 07-04-26 at 11.00 Hours onwards

6. Verification docume 07-04-26 at 11.00 Hours onwards

of submitted nts

(EMD, e - Tender fee, etc.)

7. Opening of Price Bid (If possible) 08-04-26 at 11.00 Hours onwards

8. Bid Validity 120 Days

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

ADD. CITY ENGINEER

RAJKOT MUNICIPAL CORPORATION

DR. AMBEDKAR BHAVAN,

CENTRAL ZONE, DHEBARBHAI ROAD,

RAJKOT – 360 005 (GUJARAT)

Rajkot Municipal Corporation

CONSTRUCTION OF BOX CULVERT NEAR GUMANSINHJI SHOPPING CENTER AND VALMIKI

AWAS IN WARD NO. 3, RAJKOT RETENDER.

Invitation to Bid, Instructions to Bidders and Formats

General Conditions of Contract

Technical Specifications

Schedule of Drawings

Bill of Quantities

Sr. No. Particulars

1 Invitation to Bid

2 Instructions to Bidders

4 General Conditions of Contract

5 Technical Specifications

6 Schedule of Drawings

7 Bill of Quantities

Rajkot Municipal Corporation

E-Tender Notice No.

RMC/CZ/24-25/97

CONSTRUCTION OF BOX CULVERT NEAR GUMANSINHJI SHOPPING CENTER AND VALMIKI AWAS IN

WARD NO. 3, RAJKOT RETENDER.

1. Rajkot Municipal Corporation invites bids with two-bid system for the construction of works detailed in the table

below from the bidders having experience for similar type of works, registered in State Government / Central

Government in appropriate class and meeting the qualifying criteria as specified.

a) Estimated cost.

Sr. b) EMD (Bid Security 1%)

No. c) E-TENDER fee.

d) Time limit for comp. of work

e) Registration Class

CONSTRUCTION OF BOX CULVERT NEAR GUMANSINHJI b) ₹. 1,74,500/-

1 SHOPPING CENTER AND VALMIKI AWAS IN WARD NO. c) ₹. 4,500/-

3, RAJKOT RETENDER. d) 11 Months

e) Class ‘B’ category

Milestone dates for e-tendering is as under

1. Downloading of e-Tender documents 12-03-26 To 30-03-26 upto 17.00 Hrs.

2. Pre-bid Meeting 18-03-26 at 16.00 Hrs.

3. Online submission of e – Tender 30-03-26 upto 18.00 Hrs.

4. Physical submission of EMD, Tender Before 06-04-26 and 18.00 Hours

feeand other documents required as per

Financial and Experience criteria. byRegd. Post. A.D. / Speed Post ONLY

5. Opening of online technical bid 07-04-26 at 11.00 Hours onwards

6. Verification docume 07-04-26 at 11.00 Hours onwards

of submitted nts

(EMD, e - Tender fee, etc.)

7. Opening of Price Bid (If possible) 08-04-26 at 11.00 Hours onwards

8. Bid Validity 120 Days

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

1. All bidders must submit tender fee and a bid security in person as above either directly deposited

in ICICI Bank Account No.015305010638 (Rajkot Municipal Corporation) IFSC Code ICIC0000153

or submit at below mentioned address only in form of DD or NEFT/RTGS or Online Transfer

respectively in Favor of “Rajkot Municipal Corporation”, Rajkot, from any Nationalized OR

Scheduled Bank (except yes bank and Cooperative Bank) in India. The receipt of professional tax

paid for current year, address proof, tender appendix detail & ID proof shall have to be submitted

along with physical submission. The DD No. or NEFT/RTGS reference no. or Online transaction

details, date and name of the bank, branch shall have to be mentioned online and subsequently

same shall have to be submitted during physical submission. The physical submission shall be

done at address mentioned below:

Office of the: -

Addl. City Enginer (Central Zone)

Rajkot Municipal Corporation,

Dr. Ambedkar bhawan,

Near Dhebar Road,

Rajkot – 360 001.Gujarat.

The tender of those bidders who fails to submit documents or to produce the originals for verification within

time schedule for these tenders will be out rightly rejected.

2. Security Deposit / Performance Guarantee:

 5 % of Contract Value in form of Bank Guarantee or FDR.

 If the Contract Value offered by the selected bidder is lower than 10% but up to 20% of the Estimated project

cost than the additional performance security shall be calculated @20% of the difference in the estimated

project cost minus 10 % of the estimated project cost and contract price offered by the selected bidder.

 If the Contract Value offered by the selected bidder is lower than 20% of the Estimated project cost than

the additional performance security shall be calculated @30% of the difference in the estimated project

cost minus 10% of the estimated project cost and contract price offered by the selected bidder.

 The additional performance security shall be treated as part of the performance security.

 The performance security shall be valid beyond 60 days of the defect liability period and the additional

performance security shall be valid beyond 28 days of project completion date.

 Final SD will be calculated on the time of Final Bill i.e. actual completion amount.

3. Price Escalation:

 Price Escalation will be applicable for the works above Rs. 100 lacs (1 Cr.).

 Contract Price shall be adjusted for increase or decrease in rates and price of labour, material, fuel &

lubricants in accordance with the following principles & procedures and as per formula given in the contract

A. The price adjustment shall apply for the work start from the start date given in the contract data up to

end of the initial intended completion date or extensions granted by the Competent Authority and shall

not apply to the work carried out beyond the stipulated time for reasons attributable to the contractor.

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

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

 The price adjustment for Material:

Vm = Increase or decrease in the cost of work during the month under consideration due to change in

rates for local materials other than cement, steel, bitumen & POL (fuels & lubricants).

Mo = The all-India wholesale price index (All commodities) on 28 days preceding the schedule date of

opening of bids, as published by the office of Economic Advisor, Dept. for promotion of Industry &

internal trade, Ministry of Commerce and Industry.

Mi = The all-India wholesale price index (All commodities) for the month under consideration as

published by the office of Economic Advisor, Dept. for promotion of Industry & internal trade, Ministry

of Commerce and Industry.

Pm = Percentage of local Material Component (other than cement, steel, bitumen & POL) of the work.

R = Total value of work done during the month. It would include the amount of secured advance granted,

if any, during the month less the amount of secured advance recovered.

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

4. Bitumen - Pb

6. Plant & Machinery spares - Pp

7. Other Material - Pm

Total 100.000 %

Note: The same formula will be applicable to steel Ps / Cement Pc / Bitumen Pb / Labour Pl / POL (Fuel

& Lubricants) Pf / Plant & Machinery spares Pp / Other Material Pm.

4. The pre-qualification requirement is as under:

Minimum Eligibility Criteria: -

For eligibility, the bidder shall fulfil following criteria.

I. Only single bidder permitted for bidding.

II. No Joint venture/Consortium permitted for bidding.

III. Contractor registered with Government of Gujarat in class ‘B’ category meeting the qualifying criteria as

A. Financial Criteria:

(1) The Applicant must have achieved annual turnover (defined as billing work in progress and

completed in all classes of civil engineering construction works only) in any one year over the

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

(2) The applicant should give undertaking that he has access to or has available liquid assets

(aggregate of working capital, cash in hand & uncommitted bank guarantees) and/or credit

facility equal to 25 % of the value of the contract / contracts applied.

(3) Solvency must not be less than Rs. 35 Lacs

(4) Available bid capacity- ABC must be more than the estimated tender amount

ABC is to be calculated as - ABC = 2*A*N – B

A = Maximum Value of works executed in any one year during the last seven years (updated

to present price level by applying enhancement factor) taking into account the

completed as well as works in progress.

N = No. of Years prescribed for completion of the work for which tender is invited

B = Value (*Price level) of existing commitments and ongoing works to be completed during

the next N Years (Period of completion of the work for which the tender is invited).

 The bidder(s) submitting the tender shall also have to submit the Professional Tax, EPF, ESIC,

GST & Contract Labour Act Registration document along with the other documents in the

electric format only, duly self-attested, failing which, the tender of such bidder(s) will be

considered as non-responsive and their online price bid will not be opened.

B. Experience Criteria:

The bidder should possess following minimum experience: -

a) Experience in successfully completing or substantially completing at least one contract of

similar nature of work of at least 40% of the value of proposed contract within the last seven

b) The works may have been executed by the applicant as prime contractor or as a member of

a joint venture. In case a project has been executed bey a joint venture, weight towards

experience of the project would be given to each joint venture in proportion of their final

participation in the joint venture.

c) Substantially completed works means those works which are at least 90% completed as on

the date of submission (i.e. gross value of work done up to the last date of submission is

90% or more of the original contract price) and continuing satisfactorily. (For these a

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

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

satisfactorily performance of the contractor & any other relevant information.)

d) Bidder should have enough machine for this project like Concrete compressor pump or boom,

Excavator, Dumpers, shuttering plate, Hydra Crane, Steel cutting and bending machine,

dewatering pump, needle vibrators, rock breaker with attachments, shuttering plates with

cribs and others are required to complete the Project on time.

e) Bidder should have enough experienced engineer staff to supervise the work.

Note: - Enhancement factor at 10% per year for last seven years will be applicable to arrive at average annual

turnover and finalized the magnitude of work done in last seven years. Year 2024-25 shall be effective

as base with zero enhancement i.e 1.0.

Sr. No. Year Enhance factor

1 Year of Inviting Tender (2024-25)

5. The Tender of those bidder(s) who fails to submit the required verification within the stipulated date and time,

will be treated as non-responsive and their Price Bid will not be opened. The physical submission of required

documents received after the prescribed time will be out rightly rejected.

6. The bidder should not have been Black Listed, suspended, terminated, backed out, debarred & delisted by any

Municipal Body / Urban Local Body / Development Authority in any State Government Body or undertaking / any

department or undertaking of Government of India, since inception of the firm / Company. Such a case will be

rejected out rightly. A Declaration in this regard on Rs. 300/- Stamp Paper duly Notarized shall have to be

submitted as per Annexure along with the tender documents. Submission of the bid document without such

Notarized declaration will be rejected out rightly.

7. The bidder should provide accurate information on any litigation history or arbitration resulting from contracts

completed or under execution by him over the last ten years. This should also include such cases, which are in

process / progress. A consistent history of awards against the bidder may result in failure of the bid. In case

the bidder has not provided such information and has come to the notice of the authority, the tender will be

rejected at what so ever stage and in such case all the losses that will arise out of this issue will be recovered

from the tenderer / bidder and he will not have any defence for the same.

8. After opening of Technical Bid, the procedure for the pre-qualification shall be adopted and the Price Bid of

only successful qualified bidder shall be opened for final evaluation of the contract. The decision of Municipal

Commissioner regarding the pre- qualification shall be final and binding to all the bidders.

9. Conditional Tenders will be out rightly rejected.

10. The contractor shall have to quote their rates without GST and including other taxes applicable. The invoice

should be submitted by contractor showing the breakup of GST in the submitted bill. The GST will be paid to

contractor, extra at the prevailing rate at the time of execution. The contractor shall have to purchase the

material required for this tender work only from the supplier having registered GST number. RMC shall not be

responsible to pay any amount towards the GST if the material is purchased from the unregistered supplier not

having GST number.

11. The bidder(s) submitting the tender shall also have to submit the Professional Tax, EPF, ESIC, GST & Contract

Labour Act Registration document along with the other documents in the electric format only, duly self-attested,

failing which, the tender of such bidder(s) will be considered as non-responsive and their online price bid will

12. Commissioner, Rajkot Municipal Corporation, Rajkot, reserves the right to accept / reject any or all e-tender(s)

without assigning any reasons thereof.

13. If no agency remains present and are no points for pre-bid meeting, ‘NIL’ minutes to be considered and the

same will not be uploaded.

Addl. City Engineer

Rajkot Municipal Corporation

RAJKOT MUNICIPAL CORPORATION

BID INFORMATION AND ELIGIBILITY CRITERIA

Municipal Commissioner, Rajkot Municipal Corporation, invites sealed tenders on Percentage

rate basis from the experienced contractors for CONSTRUCTION OF BOX CULVERT NEAR

GUMANSINHJI SHOPPING CENTER AND VALMIKI AWAS IN WARD NO. 3, RAJKOT RETENDER.

2. Estimated Amount put to tender Rs. 1,74,50,000/-

3. Time Limit: 11 months

4. Minimum Eligibility Criteria: -

For eligibility the bidder shall fulfil following criteria

I. Only single bidder permitted for bidding.

II. No Joint venture/Consortium permitted for bidding.

III. Contractor registered with Government of Gujarat in class ‘B’ category meeting the qualifying criteria as

Financial Criteria:

(1) The Applicant must have achieved annual turnover (defined as billing work in progress and completed in

all classes of civil engineering construction works only) in any one year over the last seven financial years

of the annual value of contracts applied for.

(2) The applicant should give undertaking that he has access to or has available liquid assets (aggregate of

working capital, cash in hand & uncommitted bank guarantees) and/or credit facility equal to 25 % of the

value of the contract / contracts applied.

(3) Solvency must not be less than Rs. 35 Lacs

(4) Available bid capacity- ABC must be more than the estimated tender amount

ABC is to be calculated as - ABC = 2*A*N-B

A = Maximum Value of works executed in any one year during the last seven years (updated

to present price level by applying enhancement factor) taking into account the

completed as well as works in progress.

N = No. of Years prescribed for completion of the work for which tender is invited

B = Value (*Price level) of existing commitments and ongoing works to be completed during

the next N Years (Period of completion of the work for which the tenders are invited).

Experience Criteria:

The bidder should possess following minimum experience.

a) Experience in successfully completing or substantially completing at least one

contract of similar nature of work of at least 40% of the value of proposed contract

within the last seven years.

b) The works may have been executed by the applicant as prime contractor or as a

member of a joint venture. In case a project has been executed bey a joint venture,

weight towards experience of the project would be given to each joint venture in

proportion of their final participation in the joint venture.

c) Substantially completed works means those works which are at least 90% completed

as on the date of submission (i.e. gross value of work done up to the last date of

submission is 90% or more of the original contract price) and continuing satisfactorily.

(For these a certificate from the employers shall be submitted along with the

application incorporating clearly the name of the work, contract value, billing amount,

date of commencement of works satisfactorily performance of the contractor & any

other relevant information.)

d) Bidder should have enough machine for this project like Concrete compressor pump

or boom, Excavator, Dumpers, shuttering plate, Hydra Crane, Steel cutting and bending

machine, dewatering pump, needle vibrators, rock breaker with attachments,

shuttering plates with cribs and others are required to complete the Project on time.

e) Bidder should have enough experienced engineer staff to supervise the work.

Note: - Enhancement factor at 10% per year for last seven years will be applicable to arrive average annual

turnover and finalized the magnitude of work done in last seven years.

After opening of Technical Bid, the procedure for the pre-qualification shall be adopted and the Price Bid of only

successful qualified bidder shall be opened for final evaluation of the contract. The decision of Municipal

Commissioner regarding the pre- qualification shall be final and binding to all the bidders.

The Tender of those bidder(s), those who fail to submit the required documents physically within the stipulated date

and time will not be accepted, will be treated as non-responsive and their Price Bid will not be opened.

Right to accept / reject any or all e-Tender(s) without assigning any reasons is here by reserved.

5. Tender Fee (Nonrefundable): Rs.4,500/- (only Demand Draft in Favor of Rajkot Municipal

Corporation, Rajkot) OR directly deposited in Account No.

015305010638 (Rajkot Municipal Corporation) IFSC Code

6. Bid Security (EMD): 1% of estimated cost Rs. 1,74,500/- in form of DD or NEFT/RTGS

or Online Transfer in Favor of Rajkot Municipal Corporation, Rajkot

to be submitted of any Nationalized OR Scheduled Bank (Except

Cooperative Bank) valid for 180 days OR directly deposited in Account

No. 015305010638 (Rajkot Municipal Corporation) IFSC Code

7. Downloading of e-tender documents: Date From: 24/10/2024 to 11/11/2024 up to 17:00 Hrs.

8. Submission of Bid Security and Tender Fees to be submitted in separate sealed cover on 11/11/2024 to

14/11/2024 up to 18:00 Hrs. At Office of the City Engineer through RPAD or speed post only and shall reach on

time. Delayed receipt shall not be opened and return to the bidder. The Addl. City Engineer (Central Zone), Rajkot

Municipal Corporation, Dr. Ambedkar Bhawan, Near Dhebar Road, Rajkot – 360 001.Gujarat.

9. Pre bid meeting: Date As prescribed in Milestone Dates.

Venue: Office of the Addl. City Engineer (Central Zone), Rajkot Municipal Corporation,

Dr. Ambedkar Bhawan, Near Dhebar Road, Rajkot – 360 001.Gujarat.

10. Last date of online submission of e-tender:

As prescribed in Milestone Dates

11. Time and Date of Opening of technical bid

As prescribed in Milestone Dates

12. Time and Date of Opening Financial Bid Opening of Qualified bidder’s financial bid

As prescribed in Milestone Dates.

13. Place of opening of technical bid & financial bid

Office of the Addl. City Engineer,

Central Zone, Rajkot Municipal Corporation,

Dr. Ambedkar Bhawan,

Near Dhebar Road,

Rajkot – 360 001.Gujarat.

14. Bid Validity Period: 120 days from date of opening of the bid.

15. Officer Inviting Bid: Municipal Commissioner,

Rajkot Municipal Corporation

16. Web site: www.nprocure.com and www.rmc.gov.in

The tender of those bidders who fails to submit documents or to produce the originals for verification within time

schedule for this tender will be out rightly rejected.

Conditional tenders will not be accepted. Rights to reject any or all the tenders without assigning any reasons are

hereby reserved.

Addl. City Engineer

Rajkot Municipal Corporation

Check List for submission of Documents

Tender Fee submitted as per Tender Yes / No

Tender Earnest Money Deposit submitted as per Tender Yes / No

Registration documents submitted as per tender requirement Yes / No

Financial Details:

Turnover details submitted as per requirement Yes / No

Working Capital as per requirement of tender is submitted Yes / No

Valid Bank Solvency submitted Yes / No

Validity of Bank Solvency Date:

Experience Details:

Details of Technical Staff and details of machineries

Address proof submitted Yes / No

Identity proof submitted Yes / No

Fresh Declaration on Non-Judicial Stamp Paper regarding not

black listed or Terminated or Debarred, is submitted

Professional Tax Receipt of current year Yes / No

Over and above, the agency shall also have to submit all other necessary documents as may be required for pre-

qualification, failing which, the agency will be treated as non-responsive and will be DISQUALIFIED and also the

online price bid of such agency will not be opened.

Signature of Contractor with Seal

AFFIDAVIT (Rs.300/- stamp paper)

a. I, the undersigned, do hereby certify that all the statements made in the required attachments are true and

b. The undersigned also hereby certifies that neither our firm M/s

have abandoned any work in India nor

any contract awarded to us for such works have been rescinded, during last seven years prior to the date of

c. The undersigned hereby authorize(s) and request(s) any bank, person, firm or corporation to furnish pertinent

information deemed necessary and requested by the Department to verify this statement or regarding my

(our) competence and general reputation.

d. The undersigned understand and agrees that further qualifying information may be requested, and agrees to

furnish any such information at the request of the Department / Project implementing agency.

e. Agency Have no objection for taking any sample from site during the construction, after concreting of any

concrete member to re-verify the quality of member. Either by core cutting or any manner and its final result

shall be binding to the contractor.

(Signed by an Authorized Officer of the Firm)

Title of Officer

I, the undersigned do hereby undertake that our firm M/s

would invest minimum cash up to 15 % (Fifteen) of the value of the work

or as required for implementation of this Contract.

(Signed by an Authorized Officer of the Firm)

Title of Officer

Letter of Acceptance

(Letter head paper of the Employer)

[Name and address of the Contractor]

This is to notify you that your Bid dated for execution of the

[name of the contract and identification

number, as given in the Instructions to Bidders] for the Contract Price of Rupees

( ) [Amount in words and figures], as corrected and modified in accordance with the

Instructions to Bidders is hereby accepted by our Agency.

We note that as per bid, you do not intend to subcontract any component of work.

You are hereby requested to furnish Performance Security, plus additional security for unbalanced Bids in terms of

ITB Clause ….., in the form detailed in Para …… of ITB for amount of Rs. within 10 days of the receipt

of this letter of acceptance valid up to 28 days from the date of expiry of Defects Liability Period i.e. and sign the

contract, failing which action as stated in Para Of ITB will be taken.

We have reviewed the construction methodology submitted by you along with the bid in response to ITB Clause …….

and our comments are given in the attachment. You are requested to submit a revised Program including

environmental management within 14 days of receipt of this letter.

Yours faithfully,

Authorized Signatory

Name and Title of Signatory

This agreement, made the day of 2024, between

[name and address of Employer] (hereinafter called “the

Employer”) of the one part and

[name and address of Contractor] (hereinafter called “the

Contractor” of the other part).

Whereas the Employer is desirous that the Contractor execute

, [name and identification number of

Contract] (hereinafter called “the Works”) and the Employer has accepted the Bid by the Contractor for the execution

and completion of such Works and the remedying of any defects therein, at a contract price of Rs.

NOW THIS AGREEMENT WITNESSETH as follows:

1) In this Agreement, words and expression shall have the same meanings as are respectively assigned to

them in the Conditions of Contract hereinafter referred to, and they shall be deemed to form and be read

and construed as part of this Agreement.

2) In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned,

the Contractor hereby covenants with the Employer to execute and complete the Works and remedy any

defects therein in conformity in all aspects with the provisions of the Contract.

3) The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of

the Works and the remedying the defects wherein the Contract Price or such other sum as may become

payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.

4) The following documents shall be deemed to form and be read and construed as part of this Agreement,

I. Letter of Acceptance;

II. Notice to proceed with the works;

III. Contractor’s Bid after amendments, addenda and corrections as mutually agreed with the Employer;

IV. The notice inviting bids,

V. The information to bidders,

VI. Minutes of Pre-bid meeting

VII. Contract Data;

VIII. General Conditions of contract;

IX. Technical Specifications; SOR, Special publication of IRC, MoRTH, BIS codes and manuals

XI. Schedule B;

XII. Any other document listed in the Contract Data as forming part of the contract;

In witness whereof the parties thereto have caused this Agreement to be executed the day and year

first before written.

The Common Seal of

was hereunto affixed in the presence of:

Signed, Sealed and Delivered by the said

Binding Signature of Employer

Binding Signature of Contractor

In the presence of

Issue of Notice to Proceed with the Work

(Letterhead of the Employer)

[name and address of the Contractor]

Pursuant to your furnishing the performance security as stipulated in Information to bidders (ITB) clause …… and

signing of the contract agreement for the construction of at the accepted Bid Price of Rs.

(In words), you are hereby instructed to proceed with the execution of the said works in accordance with

the contract documents.

Yours faithfully,

(Signature, name and title of signatory

Authorized to sign on behalf of Employer)

FORM OF PERFORMANCE SECURITY (BANK GUARANTEE)

To: (name of Employer)

(address of Employer)

WHEREAS (name and address of Contractor) (hereinafter called “the Contractor”) has

undertaken, in pursuance of Contract No. dated to execute (name of

Contract and brief description of Works) (hereinafter called “the Contract”);

AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you with a Bank

Guarantee by a recognized bank for the sum specified therein as security for compliance with his obligations in

accordance with the Contract;

AND WHEREAS we have agreed to give the Contractor such as Bank Guarantee;

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you as principal obligator, on behalf

of the Contractor, un conditionally and irrevocably guarantee the payment of an amount to total of

(amount of Guarantee) (amount in words), such sum being payable in the

types and proportions- of currencies in which the Contract Price is payable, and we undertake to pay you, upon your

first written demand and without cavil or argument, any sum or sums within the limits of

(amount of Guarantee) as aforesaid without your needing to prove or to show grounds

or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the Contractor before presenting us with the

We further agree that no change or addition to or other modification of the terms of the Contract or of the Works to

be performed thereunder or of any of the Contract documents which may be made between you and the Contractor

shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change,

addition or modification.

This guarantee shall be valid until the date of issue of the performance certificate.

SIGNATURE AND SEAL OF THE GUARANTOR

Details of Firm

Name of the Bidding Firm :

Telephone No. :

Income Tax Year :

Details of Firm Partners

Sr. Name of the firm Address with Phone No. Full details of

No. Proprietor / Partner Office Residence Income Tax Ward.

No. of Extra sheets used Pages to

FINANCIAL STATEMENT

To be given separately for the firm each partner / director – please use copies

Name of the firm / Partner / Director

- Issued and Paid-up

- FINANCIAL POSITION

- Current Assets

- Current Liabilities

- Ratio (Assets to Liabilities)

- Working Capital

Min. avg. annual

Min. avg. annual

Min. avg. annual

Net profit before

Please attach cop of Income tax return, audited balance sheet and profit and loss account for the last three years.

No. of Extra sheets used pages to

Details of Firm Partners / Dirctors

Phone Numbers Full details

Sr Name of person and Prop/Partner /

No. address Director Office Resi. Mobile Tax Ward

Details of Bankers of the Tenders

Sr Account type Manager /

Name of Bank Address Phone Number

No and number Contact person

No. of Extra Sheets used Pages to

Details of Similar works completed by Tenderer in Last Seven years.

(2018-2019 to 2024-2025 years wise)

In order of relevance to the work for which this pre-qualification is sought for:

Sr. Name and type of Address Tenderer’s role Year of Time taken Project Project

No work (Developer / completion for details cost

Builder / completion (in (in lacs)

Contractor months)

(Tenderer can enclose photographs of the above works, with project and bidder’s name on the back side).

No. of extra sheets used Pages to

The bidder should attach completion certificate (Form 3-A) for completed projects from client duly signed

& stamped by client with all details of pipeline work (Type of pipe, length, cost of pipeline work etc.)

DETAILS OF THE WORKS IN HAND AND WORKS TENDERED FOR AS ON THE DATE OF SUBMISSION OF THE TENDER.

Sr. Name of Work Place and WORKS IN HAND WORKS TENDERED FOR Remark

No. Country Tendered Cost Cost of work Anticipated Tender Cost Date When Stipulated

remaining to be Date of decision is date & period

executed as on Completion expected of Completion

Signature and Stamp of Contractor

Name of the Contractor

(Tenderer can enclose photographs of the above works, with project and Tenderer's name on the back side).

DETAILS OF PLANT & EQUIPMENT OWNED BY THE

Description Qty. Capacity or Make and Year of Details of Owned / Present

Output Model Manufact the RTO Hired / Location

ure registrati Leased

1. List of principal

Plant / Equipment

of the Contractor

a) Trucks/Dupers

c) Concrete Transit

d) Dewatering Pumps

f) Electrical tooling kit

g) Other (Bidder to

Note: The contractor shall have to submit proof of ownership of each equipment as otherwise it will be considered

that equipments are to be hired.

DETAILS OF KEY-PERSONNEL WITH TENDERER

Sr Name Qualification Type of Experience in Whether will be

No experience years involved in the

No. of extra sheets used Pages to

List of Attachments

Sr Attachment No. of pages Included Yes/No

No. of Extra Sheets used Pages to

Rajkot Municipal Corporation Bid Information

Name of Work : CONSTRUCTION OF BOX CULVERT NEAR GUMANSINHJI SHOPPING

CENTER AND VALMIKI AWAS IN WARD NO. 3, RAJKOT RETENDER.

Further information

(Any Further Information to Prove Tenderer's Capability for The Work)

Rajkot Municipal Corporation Bid Information

Rajkot Municipal Corporation

Instruction to Bidders

CONSTRUCTION OF BOX CULVERT NEAR GUMANSINHJI SHOPPING CENTER AND VALMIKI AWAS IN WARD

NO. 3, RAJKOT RETENDER.

1. The information contained in this bid document or subsequently provided to the bidders whether verbally or email

or text message or any other electronic media or in documentary form by or on behalf of the Rajkot Municipal

Corporation (hereinafter called as RMC) or any of their employees/ advisers/ consulting engineers is provided to

the bidder (s) on the terms and conditions set out in this bid document and any other terms and conditions subject

to which such information is provided.

2. This bid document and subsequent submissions of the bidders are not an agreement. These will subsequently

form a part of agreement between the successful bidder and the Rajkot Municipal Corporation after modifications/

additions/ alterations as mutually agreed to.

3. This document does not purport to contain all the information the bidder may find necessary for the completion

of works in a professional manner in accordance with good engineering practice. The bidder is required to check

the accuracy, reliability and completeness of the information in this bidding document regarding the site, the

movement of traffic, the accessibility, the working conditions, the climatic conditions, the availability of working

and storage spaces etc. RMC, its employees/ advisers/ consulting engineers do not incur any liability under any

law, rules or regulation as to the accuracy, reliability and completeness of the information in this bidding

INSTRUCTIONS TO BIDDERS

Section I: Instructions to Bidders

Table of Clauses

1. Scope of Bid

2. Source of Funds

3. Price Escalation

4. Eligible Bidders

6. Technical Information of the Bidder

7. Bidding and Site Visit

B. Bidding Documents

8. Content of Bidding Documents

9. Clarification of Bidding Documents

10. Amendment of Bidding Documents

C. Preparation of Bids

11. Language of the Bid

12. Documents comprising the Bid

14. Currencies of Bid and Payment

15. Bid Validity

16. Bid Security

17. Format and Signing of Bid

D. Submission of Bids

19. Sealing & Marking of Bid

20. Deadline for Submission of the Bids

22. Modification and Withdrawal of Bids

E. Bid Opening and Evaluation

23. Bid Opening

25. Clarification of Financial Bids

26. Examination of Bids and Determination of Responsiveness

27. Correction of Errors

28. Evaluation and Comparison of Bids

F. Award of Contract

29. Award Criteria

30. Employer has Right to accept any Bid and to reject any or all Bids

31. Notification of Award and Signing of Agreement

32. Performance Security

33. Dispute Review Expert /Arbitration

34 Corrupt or Fraudulent Practices

1. Scope of Bid

1.1 The Municipal Commissioner, Rajkot Municipal Corporation invites sealed bids for the construction of

works (as defined in these documents and referred to as “the work”) detailed in the table given in the

Invitation for Bid (hereinafter called as IFB.) from competent bidders The bidders may submit bids for the

works detailed in the table given in IFB.

1.2 The successful bidder will be expected to complete the works by the intended completion period specified

in the Contract data.

1.3 Throughout these bidding documents, the terms; ‘bid’ and ‘tender’ and their derivatives (bidder/ tenderer,

bidding/tendering etc.) are synonymous.

1.4 Blank bidding documents consisting of all the data for e-tender are available from RMC websites:

www.rmc.nprocure.com

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

i) If the quantity stipulated in the tender items varies or the scope of work changes and there by total

amount of work increases / decreases up to any extent.

ii) If the works is delayed / postponed for some, administrative / technical decision whatsoever.

iii) If the items stipulated in the tender shall not be executed as per site condition/ requirements. No claim

shall be entertained for the same.

iv) No idle charges shall be paid to contractor for machinery and man power if remains idle and no claim

shall be entertained for the same.

2. Source of Funds

3. Price Escalation:

 Price Escalation will be applicable for the works above Rs. 100 lacs (1 Cr.).

 Contract Price shall be adjusted for increase or decrease in rates and price of labour, material, fuel &

lubricants in accordance with the following principles & procedures and as per formula given in the contract

A. The price adjustment shall apply for the work start from the start date given in the contract data up to

end of the initial intended completion date or extensions granted by the Competent Authority and shall

not apply to the work carried out beyond the stipulated time for reasons attributable to the contractor.

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

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

 The price adjustment for Material:

Vm = Increase or decrease in the cost of work during the month under consideration due to change in

rates for local materials other than cement, steel, bitumen & POL (fuels & lubricants).

Mo = The all-India wholesale price index (All commodities) on 28 days preceding the schedule date of

opening of bids, as published by the office of Economic Advisor, Dept. for promotion of Industry &

internal trade, Ministry of Commerce and Industry.

Mi = The all-India wholesale price index (All commodities) for the month under consideration as

published by the office of Economic Advisor, Dept. for promotion of Industry & internal trade, Ministry

of Commerce and Industry.

Pm = Percentage of local Material Component (other than cement, steel, bitumen & POL) of the work.

R = Total value of work done during the month. It would include the amount of secured advance granted,

if any, during the month less the amount of secured advance recovered.

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

4. Bitumen - Pb

6. Plant & Machinery spares - Pp

7. Other Material - Pm

Total 100.000 %

Note: The same formula will be applicable to steel Ps / Cement Pc / Bitumen Pb / Labour Pl / POL (Fuel

& Lubricants) Pf / Plant & Machinery spares Pp / Other Material Pm.

4. Eligible Bidders

For eligibility the bidder shall fulfil following criteria

I. Only single bidder permitted for bidding.

II. No Joint venture/Consortium permitted for bidding.

III. Contractor registered with Government of Gujarat in class ‘B’ category, contractors registered in Other

State Government/ Central Government in appropriate class and meeting the qualifying criteria as

A. Financial Criteria:

(1) The Applicant must have achieved annual turnover (defined as billing work in progress and

completed in all classes of civil engineering construction works only) in any one year over the

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

(2) The applicant should give undertaking that he has access to or has available liquid assets

(aggregate of working capital, cash in hand & uncommitted bank guarantees) and/or credit

facility equal to 25 % of the value of the contract / contracts applied.

(3) Solvency must not be less than Rs. 35 Lacs.

(4) Available bid capacity- ABC must be more than the estimated tender amount

ABC is to be calculated as: - ABC = 2*A*N-B

A = Maximum Value of works executed in any one year during the last seven years (updated

to present price level by applying enhancement factor) taking into account the

completed as well as works in progress.

N = No. of Years prescribed for completion of the work for which tender is invited

B = Value (*Price level) of existing commitments and ongoing works to be completed during

the next N Years (Period of completion of the work for which the tender is invited).

B. Experience Criteria:

The bidder should possess following minimum experience: -

a) Experience in successfully completing or substantially completing at least one contract of

similar nature of work of at least 40% of the value of proposed contract within the last seven

b) The works may have been executed by the applicant as prime contractor or as a member of

a joint venture. In case a project has been executed bey a joint venture, weight towards

experience of the project would be given to each joint venture in proportion of their final

participation in the joint venture.

c) Substantially completed works means those works which are at least 90% completed as on

the date of submission (i.e. gross value of work done up to the last date of submission is

90% or more of the original contract price) and continuing satisfactorily. (For these a

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

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

satisfactorily performance of the contractor & any other relevant information.)

d) Bidder should have enough machine for this project like Concrete compressor pump or boom,

Excavator, Dumpers, shuttering plate, Hydra Crane, Steel cutting and bending machine,

dewatering pump, needle vibrators, rock breaker with attachments, shuttering plates with

cribs and others are required to complete the Project on time.

e) Bidder should have enough experienced engineer staff to supervise the work.

5. Technical Information of the Bidder

5.1 The Bidder is required to demonstrate his capability to execute the job within the specified time frame and

up to the required acceptable quality standards. The bidders, hence requested to go through Qualification

Document and furnish necessary data regarding plant and machinery, manpower experience and financial

resources to demonstrate his suitability for successful implementation of the project. The bidders should,

however, undertake their own studies and furnish with their Bid, a detailed construction planning and

methodology supported with necessary drawings and calculations to allow the employer to review their

proposals. The numbers, type sand capacities of each plant/equipment shall be mentioned in the proposals

along with the optimum cycle time for each operation for the given production capacity to match the

requirements. The bidder shall ensure the availability of required key personnel for this project. Detailed

bio data of Project Manager and Materials & Quality Control engineer shall be submitted as part of

Technical Bid. The bidder, however, can make its own assessment and is free to propose his/her own site

5.2 Even though the bidders meeting the qualifying criteria, they are subject to be disqualified if they have: -

mentioned misleading or false representations in the forms, statements and attachments submitted in

proof of the qualification requirements; and/or- record of poor performance such as abandoning the works,

not properly completing the contract, substantial delays in completion, litigation history, or financial

failures etc.; and/or

- Participated in previous bidding for the same work and have quoted unreasonably high Bid prices and

could not furnish rational justification to the employer.

- Colluded with other prospective bidders for this work to arrive at quoted prices for the purpose of

restricting competition.

- Indulged in inducement of any official of RMC and/or their consulting engineer and other advisors in any

manner whatsoever.

- Not submitted a safety manual

-Not submitted a proposed site organization chart, working methodology.

6. Bidding & Site Visit

7.1 Cost of Bidding

The bidder shall bear all costs associated with the preparation and submission of this Bid and the Employer

will in no case be responsible and liable to bare costs.

7.2 Site Visit:

The Bidder, at the Bidder’s own responsibility and risk is deemed to have inspected and examined the site

and its surroundings thoroughly and obtain all information that may be necessary for preparing the Bid and

entering into a contract for construction of the Works. The costs of visiting the Site shall be at the Bidder’s

own expense. If any person will be found misbehaving with RMC officials, then RMC can take necessary

Particular attention of bidders is invited to:

 The form and nature of work and subsurface conditions

 The climatic conditions

 The extent and nature of work and materials necessary for the execution and completion of the Works

 The means of access to the site

 All other information as to risks, contingencies and circumstances which may influence or affect bid.

Bidders have to work out their own construction methods based on standard practice and codal

stipulations and other relevant information about the site. Bidders shall not have any right to claim

compensation against any dispute arising

(i) If the quantity stipulated in the tender items varies or the scope of work changes and thereby total

amount of work increases / decreases up to any extent.

ii) If the works is delayed / postponed for some administrative / technical decision whatsoever taken

by RMC it shall be strictly follow by contractor.

B. Bidding Documents

7. Content of Bidding Documents

8.1 The set of bidding documents comprises the documents listed below and added issued in accordance with

Particulars Section I

a) Invitation for Bids

b) Instructions to Bidders & Form of Bid

c) General Conditions of Contract

a) Contract Data

b) Work Plan and Technical Specifications

d) Bill of Quantities

a) Financial Bid (to be submitted online)

8.2 The bidder is expected to examine carefully all instructions, conditions of contract, data, forms, terms,

technical specifications, Schedule B, forms, Annexes and drawings in the Bid Document. Failure to comply

with the requirements of Bid Documents shall be at the bidder’s own risk. Bids which are not substantially

responsive to the requirements of the Bid Documents will be liable for rejection.

8. Clarification of Bidding Documents

9.1 Pre-bid meeting

9.1.1 The bidder or his official representative is invited to attend a pre-bid meeting which will take place at

the address, venue, time and date as indicated in this document face sheet.

9.1.2 The purpose of the meeting will be to clarify issues and to answer queries on any matter which may

need clarifications.

9.1.3 Minutes of the meeting, including the text of the questions that are raised during the meeting (without

identifying the source of enquiry) will be issued to all bidders. Any modification of the bidding

documents which may become necessary as a result of the pre-bid meeting shall be published by the

employer exclusively either by issuance of an Addendum or through the minutes of the pre-bid

meeting. The minutes of the Pre-bid meeting will be considered as a part of bid document.

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

9. Amendment of Bidding Documents

10.1 Before the deadline of submission of bids, the Employer may modify the bidding documents by issuing

10.2 Any addendum thus issued shall be part of the bidding documents and shall be placed on n-procure website

www.rmc.nprocure.com and intimated accordingly. The prospective bidder is requested to refer to website

www.rmc.nprocure.com to check any addendum. RMC will not publish any advertisement for the same.

10.3 To give prospective bidders reasonable time, to incorporate an addendum into account in preparing their

bids, the Employer may extend, at his desecration and as necessary extend the deadline for submission of

C. Preparation of Bids

10. Language of the Bid

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

11. Documents comprising the Bid

11.1 The bid to be submitted by the Bidder through e-tender as bid document (refer clause 8.2) shall be in three

separate parts.

Part I Shall be named “Technical Bid” and shall comprise as below and submitted in electrical format only:

i. Technical Information of the Bidder for Qualification

ii. Undertaking that the bid shall remain valid for the period specified in Clause

iii. Acceptance / non-acceptance of dispute review expert in clause

iv. Affidavit as per format provided in Annexure – I

v. Forms of bid as specified

vi. Undertaking in form given in Annexure II

Part II shall be named Tender fee and Bid security and shall comprise as below and shall be submitted original

to Office of the Addl. City Engineer (Central Zone), Rajkot Municipal Corporation, Dr. Ambedkar Bhawan,

Near Dhebar Road, Rajkot – 360 001.Gujarat.

(i) Tender fee as submitted with specified scanned copy of DD or NEFT/RTGS or Online Transfer shall be

tender while original copy shall be submitted as mentioned in bid Information.

(ii) Bid security in the form as specified in clause 16.0. Each part will be separately submitted as specified.

Part III Shall be named “Financial Bid” and shall comprise as below:

Percentage rate tender specified in Part-II

11.2 The successful bidder will be required to sign each page of these documents and submit them to the

Employer. These signed documents along with the documents of accepted bid, shall form a part of the

contract agreement between the Employer and the bidder.

12.1 The contract shall be for the whole works as described in various documents as listed in Sub-Clause

including the schedule B.

12.2 Percentage rate tender – The bidder has to quote only % (percentage) above or below, at par the estimated

cost as per NIT and payment will be made as per actual quantity executed and the rate mentioned in price

bid with the % (percentage) above or below, at par as the case may be.

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

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

stated in the Bid document.

12.4 The rates and prices quoted by the bidder shall be fixed for the duration of the Contract or up to completion

of the project and shall not be subject to adjustment on any account, except where specified, otherwise, in

13. Currencies of Bid and Payment

13.1 The unit rates and the prices shall be quoted by the bidder entirely in Indian Rupees. All payments shall be

made in Indian rupees.

14. Bid Validity

14.1 Bids shall remain valid for a period not less than 120 days after the deadline date for tender specified. A

bid valid for a shorter period shall be rejected by the Employer considering the bid as non-responsive.

14.2 In exceptional circumstances, prior to expiry of the original time limit, the Employer may request that the

bidders may extend the period of validity for a specified additional period. The request and the bidders'

responses shall be made in writing or by cable. A bidder may refuse the request without forfeiting his bid

security. A bidder agreeing to the request will not be required or permitted to modify his bid, but will be

required to extend the validity of his bid security for a period of the extension, and incompliance with Clause

14.0 in all respects.

15. Bid Security

15.1 The Bidder shall furnish, as part of his Bid, a Bid Security of the amount as shown in of IFB for this particular

work. This bid security in the form of DD or NEFT/RTGS respectively in Favor of “Rajkot Municipal

Corporation”, Rajkot, from any Nationalized OR Scheduled Bank (except yes bank and Cooperative Bank)

or Online transfer in Account No. 015305010638 (Rajkot Municipal Corporation) IFSC Code ICIC0000153.

15.2 Any bid not accompanied by an acceptable Bid Security and not secured as indicated in Sub-Clauses

and 15.2 above shall be rejected by the Employer as non-responsive.

15.3 The Bid security of unsuccessful bidders will be returned within 30 days of the award of the contract. The

Bid security of successful bidder shall be returned after submitting Performance Security and entering into

15.4 The Bid Security of the successful bidder will be reimbursed when the bidder assigned the Agreement and

furnished the required Performance Security.

15.4.1 The Bid Security shall be forfeited

a) If the Bidder with draws the Bid after Bid opening during the period of Bid validity period.

b) If the Bidder does not accept the correction of the Bid Price, pursuant to Clause

c) In the case of a successful Bidder, if the Bidder fails within the specified time limit to

(i) Sign the Agreement.

(ii) Fail to furnish the required Performance Security.

In such case, the bidder will be debarring for any work in RMC for three years.

Bid security forfeited and amount shall be transferred to account of RMC.

16. Format and Signing of Bid

16.1 The Bidder shall submit the documents comprising the bid as described in Clause 12 of the Instructions to

Bidders, bound with the volume containing “The Technical Bid” in electronic format only through online by

16.2 The Bidder shall send the (1) Bid document fee / Tender fee and (2) Bid Security / EMD in original to the

Tender opening authority through RAPD so as to reach the City / Executive Engineer within 7 days from the

last day of submission of Bid.

16.3 The Bid shall be typed or written in indelible ink and shall be signed by a person or persons duly authorized

to sign on behalf of the Bidder. All pages of the Bid where entries or amendments have been made shall

be initiated by the person or persons signing the bid.

16.4 The Bid shall contain no alterations or additions, except those to comply within instructions issued by the

Employer, or as necessary to correct errors made by the bidder, in which case such corrections shall be

initiated by the person or person assigning the bid.

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

sufficiency of the bid and of the rates and prices stated in the schedule B, all of which shall, cover all his

obligations under the contract and all matters and things necessary for the proper execution and

completion of Works and the remedying of the defects there in.

D. Submission of Bid.

This e-tender shall be submitted in three parts as described as below:

Part I shall be named “Technical Bid” and shall be submitted online on schedule time. NO HARD copy shall be

submitted in the office.

Part II shall be named Tender Fee and Bid Security and shall be submitted with proper Speed post and RPAD

only and shall reach on schedule time to the Authorized authority of employer.

Part III shall be named “Financial Bid” and shall be submitted through e-tender online only. NO HARD copy shall

be submitted in the office.

18. Sealing & Marking of Bids

18.1 The bid shall be submitted online as describe in bid information.

Hard copies of documents Bid security & tender fee documents, etc. shall be submitted in separate sealed

envelopes duly marked as "Bid Security" and "Tender Fee". These envelopes (called as inner envelopes)

shall then be put inside one outer sealed envelope and will be submitted under formal forwarding letter

address to the Employer inter alia containing an undertaking that the bid documents do not modification

or change of any type whatsoever in the bid documents and to any amendment issued.

18.2 Each envelope shall be addressed to Employer as mentioned in Bid Information bearing the following

Identification.

 TO - Bid for (name of work)

 Bid reference No.

 DO NOT OPEN BEFORE (time & date for bid opening)

 From - Name and address of the Bidder.

18.3 If the outer envelopes are not sealed and marked as above, the Employer will assume no responsibility for

the misplacement or premature opening of the Bid.

19. Deadline for Submission of the Bids

19.1 Completed Bids (including Technical and Financial) shall be submitted through e-tender process as

specified not later than the date indicated on the face sheet of the document. In the event of the specified

date for the submission of bids falls on a holiday, the Bids will be accepted on the next working day by the

specified time schedule.

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

with Clause 8, in which case all rights and obligations of the Employer and the bidders previously subject

to the original deadline will then be incorporated with the new deadline.

19.3 All bidders are requested to see the website www.rmc.nprocure.com for corrigendum & addendums, if any.

20.1 Any Bid received after the deadline prescribed in Clause 18 will be rejected and will not be consider as Non

responsive tender bid.

21. Modification and Withdrawal of Bids

21.1 No modification or withdrawal is allowed.

21.2 No bid may be modified after the deadline for submission of Bids, except in pursuant to clause

21.3 Withdrawal or modification of a Bid between the deadline for submission of bids and the expiration of the

original period of bid validity specified in Clause 13.1 above or as extended pursuant to Clause 13.2 shall

result in the forfeiture of the Bid security pursuant to Clause

E. Bid Opening and Evaluation

22. Bid Opening

22.1 The Employer will open all the Bids received (except those received late), including modifications made

pursuant to Clause 22, in the presence of the Bidders or their representative. In the event of the specified

date of Bid opening being falls on a holiday, the Bids will be opened by the specified time and location on

the next working day or inform the bidder.

22.2 The file Part-I containing “Technical Bid” shall be opened. The bid amount, form and validity of the bid

security furnished with each bid will be announced. If the bid security furnished does not conform to the

amount and validity period as specified in the Invitation for Bid and has not been furnished in the specified

form in Clause 14, the bid may be considered as non-responsive.

(i) After receipt of confirmation of the bid security, the bidder will be asked for submission in writing (usually

within 10 days of opening of the Technical Bid) to clarify technical bid, if necessary, with respect to any

rectifiable mistakes which will also indicate the date, time and venue of opening of the Financial Bid.

(ii) The bidders will respond within 7 days of issue of the clarification letter.

(iii) After receipt of these clarifications, the list of responsive bidders whose financial bids are eligible for

consideration will be finalized.

22.3 In no case, the modification in financial bid will be allowed.

22.4 At the time of opening of “Financial Bid”, the names of the bidders who were qualified to open financial bid

& found responsive in accordance with Clause 22.3. will be announced (if withdrawal is not done). The

financial bids of these bidders will be opened online. The responsive Bidders’ names, the Bid prices, the

total amount of each bid, any discounts, bid modifications and Withdrawals and such other details as the

total amount of each bid, any discounts, bid modifications and Withdrawals and such other details as the

Employer may consider appropriate will be announced by the Employer at the opening. Any bid price or

discount, which is not read out and recorded, will not be taken into account in Bid Evaluation.

22.5 The Employer shall prepare minutes of the Bid opening, including the information disclosed to those

23.1 Information relating to the examination, clarification, evaluation, qualification and comparison of Bids and

recommendations for the award of a contract shall not be disclosed to Bidders or any other persons not

officially concerned with such process until the award to the successful Bidder has been announced. Any

effort by a Bidder to influence the Employer's processing of Bids or award decisions may result in the sole

rejection of his Bid.

24. Clarification of Financial Bids

24.1 To assist in the examination, evaluation, and comparison of Bids, the Employer may, at this discretion, ask

any Bidder for clarification of his Bid, including breakdowns of unit rates. The request for clarification and

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

offered, or permitted except as required to confirm the correction of arithmetic errors discovered by the

Employer in the evaluation of the Bids in accordance with Clause

24.2 Subject to sub-clause 25.1, no Bidder shall contact the Employer on any matter relating to his bid from the

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

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

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

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

25. Examination of Bids and Determination of Responsiveness

25.1 During the detailed evaluation of ‘Technical Bids’, the Employer will determine whether each bid (a) meets

the eligibility criteria defined in Clauses (b) has been properly signed; (c) is accompanied by required

securities and; (d) issue substantially responsive to the requirements of the ‘Bidding Documents’. During

the detailed evaluation of the “Financial Bid”, the responsiveness of the bids will be further determined with

respect to the remaining bid conditions, i.e., priced schedule B, technical specifications, and drawings.

25.2 A substantially responsive “Financial Bid” is one, which conforms to all the terms, conditions, and

specifications of the Bidding documents, without material deviation or reservation. A material deviation or

reservation is one (a) which affects in any substantial way the scope, quality, or performance of the Works;

(b) which limits in any substantial way, inconsistent with the Bidding documents, the Employer’s rights or

the Bidder’s obligations under the Contract; or (c) whose rectification would affect unfairly the competitive

position of other Bidders presenting substantially responsive Bids.

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

subsequently be made responsive by correction or withdrawal of then, on-conforming deviation or

26. Correction of Errors

26.1 “Financial Bids” determined to be substantially responsive will be checked by the Employer for any

arithmetic errors. Errors will be corrected by the Employer as follows:

a. Where there is a discrepancy between the rates in figures and in words, the rate in words shall govern;

26.2 The amount stated in the “Financial Bid” will be corrected by the Employer in accordance with the above

procedure and the bid amount adjusted with the concurrence of the Bidder in the following manner:

a. If the Bid price increases as a result of these corrections, the amount as stated in the bid, before

applying corrections, will be the ‘bid price’ and the increase will be treated as rebate;

b. If the bid price decreases as a result of the corrections, the decreased amount will be treated as the

27. Evaluation and Comparison of Bids

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

accordance with Sub-Clause

27.2 In evaluating the Bids, the Employer will determine for each Bid the evaluated Bid Price by adjusting the Bid

Price as follows:

a) Making any correction for errors pursuant to Clause 27; or

b) Making an appropriate adjustment for any other acceptable variations, deviations; and

c) Making appropriate adjustments to reflect discounts or other price modification so offered in

accordance with Clause 23.4.

27.3 The Employer reserves the right to accept or reject any variation or deviation and other factors, which are

in excess of the requirements of the Bidding documents or otherwise result in unsolicited benefits for the

Employer. However, the same shall not be taken into account in Bid evaluation

27.4 If the Bid of the successful Bidder is substantially unbalanced in relation to the Consulting Engineers

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

produce detailed price analysis for any or all items of the schedule B, to demonstrate the internal

consistency of those prices with the construction methods and schedule proposed. After evaluation of the

price analysis, the Employer may require that the amount of the performance security set forth in Clause

30 be increased at the expense of the successful Bidder to a level sufficient to protect the Employer against

financial loss in the event of default of the successful Bidder under the Contract.

27.5 A bid, which contains several items in the schedule B which are unrealistically priced on and which cannot

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

F. Award of Contract

28. Award Criteria

28.1 The Employer will award the Contract to the Bidder whose Bid has been determined

(i) To be substantially responsive to the Bidding documents and who has offered the lowest evaluated Bid

(ii) To be within the available bid capacity (In case of multiple similar works) adjusted to account for his bid

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

In no case, the contract shall be awarded to any bidder whose available bid capacity (In case of multiple

similar works) is less than the evaluated bid price, even if the said bid is the lowest evaluated bid. The

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

The same process will be continued in case the second-lowest bidder fails to meet with the bid capacity

criteria described above.

29. Employer's Right to Accept any Bid and to Reject any or all Bids

29.1 The Employer reserves the right to accept or reject any Bid and to cancel the Bidding process and reject all

Bids, at any time prior to the award of Contract, without there by incurring any liability to the affected Bidder

or Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for the Employer's

30. Notification of Award and Signing of Agreement

30.1 The Bidder whose Bid has been accepted will be notified for the award by the Employer prior to expiration

of the Bid validity period by writing, or e-mail confirmed by registered letter. This letter (hereinafter and in

the Conditions of Contract called the "Letter of Acceptance" as per format given in Annexure - II) will state

the sum that the Employer will pay the Contractor in consideration of the execution, completion, and

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

called the "Contract Price").

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

performance security.

30.3 The successful bidder is required to enter into the agreement and submit the Performance Security within

10 days from the issuance of Letter of Acceptance.

30.4 Upon entering into the agreement and furnishing by the successful Bidder of the Performance Security, the

Employer will promptly notify the other Bidders.

31. Performance Security

31.1 Within 10 days of issuance of the Letter of Acceptance, the successful Bidder shall deposit to the Employer

a Performance Security in of the forms given below for an amount equivalent to 5% of the Contract price

(plus additional security for unbalanced Bids. Bank Guarantee as indicated in Appendix. Alternatively, the

contractor may at his option deposit an amount of 2.5% of the value of the contract price within ten days

and the balance 2.5% to be recovered in instalments through deduction @ the rate of 10% from the running

31.2 The performance security provided by the successful Bidder, in the form of a Bank Guarantee, should be

issued by a nationalized / scheduled bank (Except Co-Operative Bank) only.

31.3 Failure of the successful Bidder to comply with the requirements shall constitute sufficient grounds for

cancellation of the award and forfeiture of EMD and RMC may debar from the works of RMC for the period

of three years.

31.4 The Performance Security shall remain in force until the issuance of the Defects Liability Certificate and

the security shall be returned to the Contractor within 28 days of the issuance of the completion of Defects

Liability Certificate and after engineer has certified that all defects notified by engineer to the contractor

before the end of this period have been corrected.

31.5 Prior to making a claim under the performance security the Employer shall, in every case, notify the

Contractor stating the nature of default in respect of which the claims to be made.

32. Dispute Review Expert /Arbitration

32.1 The word "Arbitration" or "Arbitration Clause" wherever mentioned in this tender document, is now to be

treated as "Deleted". In this context, an Order bearing No. RMC/Legal/1858 dated 18-02-2017 of Legal

Department of Rajkot Municipal Corporation is uploaded separately along with this tender, which Order, will

hereafter refer and taken into consideration for Arbitration related purpose. No extra claim for delay,

retention of manpower, material, machinery shall be payable. Only time extension is given for delay due to

shifting of utility, traffic diversion etc. as per actual record.

33. Corrupt or Fraudulent Practices

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

has engaged in corrupt or fraudulent practices in competing for the contract in question and will declare

the firm ineligible, indefinitely or for a stated period.

33.2 Furthermore, Bidders shall be aware of the provision stated in Sub-Clause

Financial & Other Statements

declared that I am / We partner(s) are not black listed or Terminated or Debarred or suspended,

backed out, delisted or connected with firm black listed or terminated or debarred or suspended

or backed out or delisted in any States, CPWD/ MES/ Railways or any Government, Semi-

Government or Private body since the inception of the firm / company. Also, no Police complaint

is lodged against the firm / company or Staff deployed by me / us.

At present I am / we are registered as approved contractor(s), firms in

State, CPWD / MES / Railways.

I, owner / We, the partners of this firm, hereby give an undertaking that we are jointly and

severally responsible to meet all the liabilities ever and above the business of this firm and make

good the above financial loss sustained by the Rajkot Municipal Corporation as a result of our

abandoning the works entrusted to us.

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

our tender/ contract stands to be cancelled/ terminated.

Place: Signature of Authorized Person

APPLICABILITY OF PROVIDENT FUND AND MISCELLANEOUS PROVISIONS ACT

Successful bidder i.e. the agency whose tender is accepted by the RMC shall have to comply the necessary

formalities under the employees provident fund and Miscellaneous Provisions Act, 1952 as Contributory Provident

Fund Scheme is applicable to labourers engaged in construction activity and shall have to submit proofs regarding

deduction of provident fund and other dues and depositing the same with government department under the act

and the scheme regularly on monthly basis failing which no running / final bill payment will be made by the RMC to

the contractor in any circumstances.

A certificate to the above effect has to be given by the contractor as under.

Depositing Provident Fund contribution

This to certify that we have deducted the employees’ P.F. and deposited the same along with employer’s

contribution towards provident fund on labour charges / wages paid by us to the labourers engaged for the work of

With Provident Fund Authority under our Provident Fund Code No.

We produce herewith the copies of the challans for the provident fund deduction and contribution deposited

as mentioned above.

Date: Seal and Signature of the Bidder

STATEMENT NO. –3

CURRICULUM VITAE

Sr. No. Details of person

3 Qualifications

4 Experience in Project Related field

5 Other experiences

6 Employment Record

Sr. No. Period From – To Organization under Status / position in the

1. Separate sheet for each person to be furnished as above.

2. The contractor’s Project Team should consist of person in the following disciplines.

a. Senior Engineer with experience of Building work

b. Senior material Engineer.

c. Senior Quantity Surveyor.

d. Project management expert.

e. Site in charge

INFORMATION REGARDING FINANCIAL CAPACITY OF THE CONTRACTORS

Sr. Details Amount (Rs. In lakhs) Remarks

1. Solvency Banker’s Certificate of current

financial year may please be

2. Annual Turnover for the last five Certified true copy to be

years. attached

3. Price of biggest (road work) job Certified true copy to be

BIDDER’S FINANCIAL CAPACITY

Sr. No. Financial Year Annual Net worth Rs. Net Cash Working Capital

Turnover in Rs. Rs.

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

2) Copies of the balance sheet to be attached.

3) The bidder shall have to provide that for a period of at least 18 months the bidder has ability to sustain

negative cash balance and how he proposes to meet with the same.

4) Cash Plan / Cash flow Statement.

AVAILABLE BID CAPACITY

The available bid capacity will be worked out as follows.

Bidding capacity = [2 * A * N] – B = (to be filled by Applicant)

A = Maximum value of works executed in any one year during the last seven years (updated to ……* price

level) taking into account the completed as well as works in progress.

N = Number of years prescribed for completion of the works for which tenders are Invited.

B = Value (…* price level) of existing commitments and on- going works to be completed during that next

N year (period of completion of the works for which the tenders are invited)

STATEMENT NO – 5/B

DETAILS OF IMPORTANT CONSTRUCTION PROJECTS

Sr. Name of Project Estimated Prescribed time of Actual Completion Actual Name,

No. cost performance completion Address

Note: Certificate from the owners in support of above works may be enclosed with this statement.

STATEMENT NO. -5/C

DETAILS OF ONGOING PROJECT

Sr. Name of Project Value of Start date Likely date of Name, address, telephone, fax no. of

No. remaining work completion project authority and contact person.

STATEMENT NO.-6

DETAILS OF PLANT & MACHINERY TO BE DEPLOYED ON THIS WORK

Name of the contractor /

proposed to Present value

Sr. Name of plants / available Present

be deployed of plant /

No machinery (with make & location

for this machineries

lant / machineries which are proposed to be procured shall have to be procured at the earliest

after award of the work and before the start of the work.

STATEMENT NO.-7

METHOD STATEMENT AND WORK PLAN

The Bidder shall have to provide a brief write up to be enclosed with the “Technical Bids” covering

his approach and methodology to handle the project construction activities including his details

work plan. The brief shall include the following aspects.

2 Construction equipment availability and plan

3 PERT / Construction chart / Bar chart.

Application Form (1)

General Information

All individual firms and each partner of a consortium applying for qualification are

requested to complete the information in this form. Nationality information to be

provided for all owners or applicants who are partnerships or individually-owned firms.

Where the Applicant proposes to use named subcontractors for critical components of

the works, or for work contents in excess of 10 percent of the value of the whole works

the following information should also be supplied for the specialist subcontractor(s).

1. Name of Firm

2. Head office address

3. Telephone Contact

5. Place of Incorporation / registration Year of Incorporation /

Nationality of owners

Name Nationality

Name of Bidders officers I Persons to be contacted

Name Address Phone Nos. Fax.

Application Form (1A)

Structure and Organization

The applicant is

a proprietary firm

a firm in partnership

a Limited Company or Corporation

a group of firms/consortium (if yes, give completion

information in respect of each partner)

Attach the Organization Chart showing the structure of the

organization including the names of the Directors and

position of officers

Number of years of experience:

as a Prime Contractor (contractor shouldering major

responsibility in own country other countries (specify

in a consortium

other countries (Specify country)

as a sub-contractor (specify main contractor)

other countries (Specify country)

Name and address of any associates the applicant has in

India (in case the applicant happens to be from foreign

country) who are knowledgeable in the procedures of

customs, immigration, taxes and other

information necessary to do the work.

For how many years has your organization been in business

of similar work under its present name? What were your

fields when your organization was established? Whether

any new fields were added in your organization? And if so,

ere you ever required to suspend construction for a period

of more than six months continuously after you started? If

so, give the name of project and give reasons thereof.

Have you ever left the work awarded to you incomplete? If

so, give name of project and reasons for not completing

In which fields of civil engineering construction do you

claim specialization and interest?

Give details of your experience in mechanized cement

concrete lining and in modern concrete technology for

manufacture and quality control.

Give details of your experience in using heavy earth moving

equipment and quality control in compaction of soils.

Give details of your experience in Underground Drainage

work in rocky area.

Give details of civil work for drainage pumping station

Give details for construction of sewerage treatment plant

Give details for pumping machinery in drainage pumping

GENERAL CONDITIONS

Rajkot Municipal Corporation

General Conditions of Contract

Table of Clauses

No. Description

GC-1 Definitions and Interpretations

GC-2 Location of site and accessibility

GC-3 Scope of work

GC-4 Ruling language

GC-5 Interpretation of Contract Document

GC-6 Contractor to understand himself fully

GC-7 Errors in submissions

GC-8 Sufficiency of E-TENDER

GC-9 Discrepancies

GC-10 Performance Guarantee (Security Deposit)

GC-11 Inspection of work

GC-12 Defect Liability

GC-13 Power of Engineer-In-Charge to give further instructions.

GC-15 Sub-letting of work

GC-16 Sub-Contracts for temporary works, etc.

GC-17 Time for completion

GC-18 Extension of time

GC-19 Contract Agreement

GC-20 Liquidated damages

GC-21 Forfeiture of Security Deposit

GC-22 Action of Forfeiture of Security Deposit

GC-23 No compensation for alteration in or restriction in work

GC-24 In the event of death of contractor

GC-25 Members of the owner not individually liable

GC-26 Owner not bound by personal representations

GC-27 Contractor's office at site

GC-28 Contractor's subordinate staff and their conduct

GC-29 Termination of sub-contract by owner

GC-30 Power of entry

GC-31 Contractor's responsibility with the other Contractor andAgencies.

GC-32 Other Agencies at site

GC-34 Rights of various interests

GC-35 Price adjustments

GC-36 Terms of Payment

GC-37 Retention Money

GC-38 Payments due from the Contractor

GC-39 Contingent Fee

GC-40 Breach of Contract by Contractor

GC-41 Default of Contractor

GC-42 Bankruptcy

GC-43 Ownership

GC-44 Declaration against waiver

GC-45 Laws governing the contract

GC-46 Over payment and under payment

GC-47 Settlement of disputes

GC-48 Disputes of differences to be referred to

GC-50 Termination of the Contract

GC-51 Special risks

GC-52 Change in Constitution

GC-53 Sub-contractual relations

Rajkot Municipal Corporation

GC-54 Patents and Royalties

GC-56 Execution of work

GC-57 Work in monsoon

GC-58 Work on Sundays and Holidays

GC-59 General Conditions for construction work

GC-60 Drawings to be supplied by the Owner

GC-61 Drawings to be supplied by the Contractor

GC-62 Setting outwork

GC-63 Responsibilities of Contractor for correctness of work

GC-64 Materials to be supplied by the Owner

GC-65 Conditions of issue of materials by the Owner

GC-66 Materials procured with assistance of the Owner

GC-67 Materials obtained from dismantling

GC-68 Article of value of treasure found during construction

GC-69 Discrepancies between instructions

GC-70 Alternations in specifications and designs and extra work.

GC-71 Action when no specifications are issued

GC-72 Abnormal rates

GC-73 Assistance to Engineer-In-Charge

GC-74 Tests for quality of work

GC-75 Action and compensation in case of bad workmanship

GC-76 Suspension work

GC-77 Owner may do part of the work

GC-78 Possession prior to completion

GC-79 Completion Certificate

GC-80 Schedule of Rates

GC-81 Procedure for measurement of work in progress

GC-82 Running account payments to be regarded as advances

GC-83 Notice for claim for additional payment

GC-84 Payment of Contractor's Bill

GC-85 Final Bill

GC-86 Receipt for payment

GC-87 Completion Certificate

GC-88 Taxes, Duties, etc.

GC-89 Insurance

GC-90 Damage to Property

GC-91 Contractor to Indemnify Owner

GC-92 Implementation of Apprentice Act

GC-93 Health and Sanitary arrangements for workers

GC-94 Safety Code

GC-95 Accidents

Rajkot Municipal Corporation

GC-01 DEFINITIONS AND INTERPRETATIONS:

1.0 In the contract (as hereinafter defined) the following words and expressions shall, unless repugnant to

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

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

Commissioner or other Officers authorized by the Corporation and also include owner's successors and

1.2 The "Contractor" shall mean the person or the persons, firm or Company whose e-Tender has been

accepted by the Owner and includes the Contractors legal representative, his successors and permitted

1.4 The "Engineer-In-Charge" shall mean the person designated as such by the owner from time to time and

shall include those who are expressly authorized by the Corporation to act for and on its behalf for all

functions pertaining to the operation of this contract.

1.5 “Engineer-In-Charge's Representative” shall mean any resident Engineer or Assistant to the Engineer-

In-Charge appointed from time to time by the owner to perform duties set forth in the E-TENDER Document

whose authority shall be notified in writing to the Contractor by the Engineer-In-Charge.

1.6 "E-TENDER" – the offer or proposal of the Bidder submitted in the prescribed form setting for the prices

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

1.7 "Contract Price" shall mean total money payable to the Contractor under the contract. (This includes

estimated amount as well as GST and Contractors’ premium)

1.8 "Addenda" shall mean the written or graphic notices issued prior to submission of e-Tender which modify

or interpret the contract documents.

1.9 "Contract Time" – the time specified for the completion of work.

1.10 "Contract" shall mean agreement between the parties for the execution of works including therein all

contract documents.

1.11 "Contract Document" shall mean collectively the e-Tender documents, designs, drawings,

specifications, agreed variations, if any and such other documents constituting the e-Tender and acceptance

1.12 The “Sub-Contractor" shall mean 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 representative successors and permitted assignee of such person, firm or company.

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

requirements attached to the contract which pertains to the method and manner of performing the work, to

the quantities and qualities of the work and the materials to be furnished under the contract for the work and

any order(s) or instruction(s) there under. It shall also mean the latest Indian Standard Institute Specification

relative to the particular work or part thereof, so far as they are not contrary to the E-TENDER specifications

and in absence of any other Country applied in Indian as a matter of standard engineering practice and

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

Rajkot Municipal Corporation

1.14 The "Drawings" shall include maps, plans, tracings, or prints thereof with any modification approved in

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

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

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

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

of the contract. It shall mean the totality of the work by expression or implication envisaged in the contract

and shall include all materials, equipment and labour required for or relative or incidental to or in connection

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

1.16 The "Permanent Work" shall mean works which will be incorporated in and form part of the work to be

handed over to the owner by the Contractor on completion of the contract.

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

completion and maintenance of the work.

1.18 "Site" shall mean the land and other places, on, under, in or through which the permanent works are to

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

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

1.19 The "Construction Equipment" shall mean all appliances / equipment of whatever nature required in or

for execution, completion or maintenance of works or temporary works (as herein before defined) but does

not include materials or other things intended to form or forming part of the permanent work.

1.20 "Notice in writing or written Notice" shall mean a notice written, typed or in printed form delivered

personally or sent by Registered Post to the last known private or business address or Registered Office /

Email or SMS on the Mobile of the Contractor and shall be deemed to have been received in the ordinary

course of post it would have been delivered.

1.21 The "Alteration / variation order" shall mean an order given in writing by the Engineer-In-Charge to effect

additions or deletions from or alterations in the work.

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

1.23 The "Completion Certificate" shall mean the certificate to be issued by the Engineer-In-Charge when

the work has been completed and tested to his satisfaction.

1.24 The "Final Certificate" shall mean the final certificate issued by the Engineer-In-Charge after the period

of defects liability is over and the work is finally accepted by the owner.

1.25 "Defects Liability Period" shall mean the specified period between the issue of Completion Certificate

and the issue of final certificate during which the Contractor is responsible for rectifying all defects that may

appear in the works.

1.26 "Approved" shall mean approved in writing including subsequent confirmation in writing of previous

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

1.27 "Letter of Acceptance" shall mean an intimation by a letter to Bidder that his e- Tender has been

accepted in accordance with the provisions contained therein.

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

In-Charge within the scope of his powers in terms of the contract.

Rajkot Municipal Corporation

1.29 "Running Account Bill" shall mean a bill for the payment of "On Account" money to the Contractor during

the progress of work on the basis of work done and the supply of non-perishable materials to be incorporated

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

of the contractual obligations.

1.31 The "Appointing Authority" for the purpose of Arbitration shall be the Municipal Commissioner, Rajkot

Municipal Corporation.

1.32."Retention Money" shall mean the money retained from R.A. Bills for the due completion of the "LET

1.33 Unless otherwise specifically stated, the masculine gender shall include the feminine and neuter

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

GC-02 LOCATION OF SITE AND ACCESSIBILITY:

The work is to be carried out in the city area. Non-availability of access roads shall in no case be the cause

to condone delay in the execution of the work and no claim or extra compensation will be paid. The intending

bidder should inspect the site and make himself familiar with site conditions.

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 maintenance of the

work. All material that goes with the work shall be approved by the Engineer-In-Charge prior to procurement

The Contractor shall make his own arrangement for power supply during installation.

Land for Contractor's Field Office, Godown Etc.:

Owner will not be in a position to provide land required for Contractor's field office, godown, etc. The

Contractor shall have to make his own arrangement for the same.

GC-04 RULING LANGUAGE:

The language according to which the contract shall be construed and interpreted shall be English. All entries

in the contract document and all correspondence between the contractor and the Corporation or the

Engineer-In-Charge shall be in English/Gujarati. All dimensions for the materials shall be given in metric units

only. A reasonable proportion of the contractor's superintending staff shall have a working knowledge of

Gujarati and/or Hindi language or the contractor shall have sufficient competent interpreters available for

communications.

GC-05 INTERPRETATION OF CONTRACT DOCUMENT:

1. The provision 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 have there be

any discrepancy, inconsistency, error or omission in the several documents forming the contract, the matter

Rajkot Municipal Corporation

may be referred to the Engineer-In-Charge for his instructions and decision. The Engineer-In-Charge's

decision in such case shall be final and binding to the Contractor.

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

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

3. The headings and the marginal notes to the clause of these General Conditions of Contract or to the

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

indication and not a summary of contents thereof. They shall never be deemed to be part thereof or be used

in the interpretation or construction of the contract.

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

vice-versa wherever the context so requires. Works imparting persons shall include relevant Corporations /

Body of individual / firm of partnership.

5. Notwithstanding the sub-division of the documents into separate section and volumes every part of each

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

so far as it may be practicable to do so.

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

of the Special Conditions of Contract, then, unless a different intention appears, the provisions of the special

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

extent of each repugnancy of variance.

7. The materials, design, and workmanship shall satisfy the relevant BIS, and codes referred to. If additional

requirements are shown in the specifications, the same shall be satisfied over and above BIS and other

8. If the specifications mention that the Contractor shall perform certain work or provide certain facilities, it

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

9. Contractor to Collect His Own Information -

The details given in the e-Tender are arranged making necessary investigations for framing an estimate.

However, when the work is being executed, changes in soil conditions are likely to be met with in view of the

formation of soil, strata in Rajkot District. It is, therefore, desirable that the Contractor makes his own

investigations or additional investigations as may be required for correctly assessing the cost of different

items of work and submit his e-Tender accordingly. Any change in description or quantity of an item shall

not vitiate the contract or release the Contractor from executing the work comprised in the contract

according to the drawings and specifications at the e-Tendered rates.

He is deemed to have known the scope, nature and magnitude of the work and the requirements of materials

and labour involved and as to whatever work he has to complete in accordance with the contract. The

Contractor is expected to visit the site and surroundings to satisfy himself as to the nature of all existing

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

of transport and communications whether by land, air or water and as to possible interruptions thereto and

the access and gross from the site, to have examined and satisfied himself as to the sites for obtaining sand,

stones, bricks and other materials, the site for disposal of surplus materials, the available accommodation

and make such enquiries as may be necessary for executing and completing the work, to have local enquiries

Rajkot Municipal Corporation

as to the sub-soil, subsoil water and variation thereof, storms, prevailing winds, climatic conditions and all

other similar matters, effecting work. He is expected to be familiar with his liability for payment of

Government taxes, customs and excise duty and other charges etc. in contract with the execution of this

contract. The contractor shall have to a certificate for this.

GC-06 CONTRACTOR TO UNDERSTAND HIMSELF FULLY:

The Contractor by e-Tendering shall be deemed to have satisfied himself, as to all considerations and

circumstances affecting the e-Tender price, as to the possibility of executing the works as shown and

described in the contract and to have fixed his prices according to his own view on these matters and to have

understood that no additional allowances except as otherwise expressly provided, will afterwards be made

beyond the contract price. The Contractor shall be responsible for any misunderstanding or incorrect

information, however, obtained.

GC-07 ERRORS IN SUBMISSIONS:

The Contractor shall be responsible for any errors or omissions in the particulars supplied by him, whether

such particulars have been approved by the Engineer-In- Charge or not.

GC-08 SUFFICIENCY OF e-TENDER:

The Contractor shall be deemed to have satisfied himself before e-Tendering as to the correctness of the e-

Tender rates which rates shall, except as otherwise provides for, cover all the Contractor's liabilities and

obligations set forth or implied in the contract for the proper execution of the work for compliance with

requirements of Article GC-19 thereof.

GC-09 DISCREPANCIES:

The drawings and specifications are to be considered as mutually explanatory of each other, detailed

drawings being followed in preference to small-scale drawings and figured dimensions in preference to scale

and special conditions in preference to General Conditions. The special directions or dimensions given in

the specifications shall super cede all else. Should any discrepancies however, appear or should any

misunderstanding arise as to the meaning and intent of the said specifications or drawings, or as to 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 work executed under this contract or as extra there upon, the

same shall be explained by the Engineer-In-Charge and his explanation shall be subject to the final decision

of the Municipal Corporation in case reference be made to it, be binding upon the Contractor and the

Contractor shall execute the work according to such explanation and without addition or to deduction from

the contract price and shall also do all such works and things necessary 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 the said specifications. In cases where no particular specifications are given for any

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

Rajkot Municipal Corporation

GC-10 PERFORMANCE GUARANTEE (SECURITY DEPOSIT):

• 5 % of Contract Value in form of Bank Guarantee or FDR.

• If the Contract Value offered by the selected bidder is lower than 10% but up to 20% of the Estimated

project cost than the additional performance security shall be calculated @20% of the difference in the

estimated project cost minus 10 % of the estimated project cost and contract price offered by the selected

• If the Contract Value offered by the selected bidder is lower than 20% of the Estimated project cost than

the additional performance security shall be calculated @30% of the difference in the estimated project cost

minus 10% of the estimated project cost and contract price offered by the selected bidder.

• The additional performance security shall be treated as part of the performance security.

• The performance security shall be valid beyond 60 days of the defect liability period and the additional

performance security shall be valid beyond 28 days of project completion date.

• Final SD will be calculated on the time of Final Bill i.e. actual completion amount.

GC-11 INSPECTION OF WORK:

1. The Engineer-In-Charge shall have full power and authority to inspect the work at any time wherever in

progress either on the site or at the Contractor's or any other manufacturer's workshop or factories wherever

situated and the Contractor shall afford to Engineer-In-Charge every facility and assistance to carry out such

inspection, Contractor or his authorized representative shall, at all time during the usual working hours and

all times when so notified, remain present to receive orders and instructions. Orders given to Contractor's

representative shall be considered to have the same force as if they had been given to the Contractor himself.

Contractor shall give not less than ten (10) days’ notice in writing to the Engineer-In-Charge before covering

up or otherwise placing beyond reach of inspection and measurement any work in order that the same may

be inspected and measured. In the event of breach of the above, the same shall be uncovered at Contractor's

expenses for carrying out such inspection or measurement.

2. No material shall be despatched from Contractor's store on site of work before obtaining approval in

writing of the Engineer-In-Charge. Contractor shall provide at all times during the progress of work and

maintenance period of proper means of access with ladders, gangways, etc. and make necessary

arrangement as directed for inspection or measurement of work by Engineer-In- Charge.

GC-12 DEFECT LIABILITY:

1. Contractor shall guarantee the work for a period of Three Years from the date of issue of Completion

Certificate. Any damage or defect that may arise or that may remain undiscovered at the time of issue

of Completion Certificate connected in any way with the equipment or materials supplied by him or in the

workmanship shall be rectified or replaced by Contractor at his own expense as desired by Engineer-In-

Charge or in default Engineer-In-Charge 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 or from his security deposit or the proceeds of sale thereof or of

a sufficient portion thereof.

Rajkot Municipal Corporation

2. From the commencement to completion of work Contractor shall take full responsibility for the care of the

work including all temporary works and in case any damages, occur from any cause whatsoever he shall at

his own cost, repair and make good the same so that on completion, work shall be in good order and in

conformity, in every respect, with the requirements of contract and as per the instructions of the Engineer-

3. If at any time before the work is taken over, the Engineer-In-Charge –

a) Decide that any work done or materials used by the Contractor are defective or not in accordance with

the contract or that work or any portion thereof is defective or do not fulfil the requirements of contract (all

such materials being herein after called defects in this clause) he shall, as soon as reasonably practicably,

give notice to Contractor in writing of the said defect specifying particulars of the same then Contractor shall

at his own expense and with all speed make good the defects so specified.

b) b) In case Contractor fails to do so, owner may take, at the cost of the Contractor, such stops as may in

all circumstances be responsible to make good such defects. The expenditure so incurred by owner 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-IN-CHARGE TO GIVE FURTHER INSTRUCTIONS:

The Engineer-In-Charge shall have the power and authority from time to time and at all times to give further

instructions and directions as may appear to him necessary or proper for the guidance of the Contractor and

the works and efficient execution of the works according to the terms of the specifications, and the

Contractor shall receive, execute, obey and be bound by the same, according to the true intent and meaning

thereof, as fully and effectively as though the same had accompanied or had been mentioned or referred to

in the specifications. No work which radically changes the original nature of the contract shall be ordered by

the Engineer-In-Charge and in the event of any deviation being ordered, which in the opinion of the Contractor

changes the original nature of the contract, he shall nevertheless carry it out and any disagreement as to the

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

The time of completion of works shall, in the event of any deviations being ordered resulting in additional

cost or reduction in cost over the contract sum, be extended or reduced reasonably by the Engineer-In-

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

GC-14 PROGRAMME:

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

commence from the date of notice of intimation to proceed. The Bidder at the time of submitting his e-Tender

shall indicate in the construction schedule his programme of execution of work commencement with the

total time specified. The Contractor shall provide the Engineer-In- Charge a detailed programme of time

schedule for execution of the works in accordance with the specifications and the completion date. The

entire programme to be finalized by the Contractor, has to conform to the execution period mentioned along

with the Bill of Quantities in the e-Tender documents. The Engineer-In-Charge upon scrutiny of such

submitted programme by Contractor, shall examine suitability of it to the requirement of contract and

suggest modifications, if found necessary.

Rajkot Municipal Corporation

GC-15 SUB-LETTING OF WORK:

No part of the contract nor any share of interest thereon shall in any manner or degree be transferred,

assigned or sublet by the Contractor directly or indirectly to any person, firm or Corporation whosoever

except as provided for in the succeeding sub-clause, without the consent in writing of the owner.

GC-16 SUB-CONTRACTS FOR TEMPORARYWORKS ETC. :(N.A.)

The owner may give written consent to sub-contractors for execution of any part of the works at the site,

being entered upon the contractor provided each individual contract is submitted to the Engineer-In-Charge

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

Not-withstanding any subletting with such approval as aforesaid and notwithstanding the Engineer-In-Charge

shall have received of any sub- contractors, the Contractor shall be and shall remain solely responsible for

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

contract in all respects as if such subletting or subcontracting had not taken place and as if such works had

been done directly by the Contractor.

GC-17 TIME FOR COMPLETION:

1. The work covered under this contract shall be commenced from the date the Contractor is served with a

notice to proceed with the work and shall be completed before the date as mentioned in the time schedule

of work. The time is the essence of the contract and unless the same is extended as mentioned in Clause

GC-18 "Extension of Time", the Contractor shall pay liquidated damages for the delay.

2. The general time schedule for construction is given in the e-Tender document. Contractor shall prepare a

detailed weekly or monthly construction programme in consultation with the Engineer-In-Charge soon after

the agreement and the work shall be strictly executed accordingly.

3. Monsoon period from 1st July to 30th September shall be considered as non- working period hence

excluded in time limit. The time for construction includes the time required for testing, rectifications, if any,

retesting and completion of the work 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 Corporation in

supplying the materials or equipment, it has undertaken to supply under the contract or from delays on the

quantity of work to be done under the contract, or force majeure an appropriate extension of time will be

given by the Corporation. The Contractor shall request for such extension within one month of the cause of

such delay and in any case before expiry of the contract period.

GC-19 CONTRACT AGREEMENT:

The successful Bidder shall enter into and execute the contract agreement within 10 (ten) days of the notice

of award, in the form shown in e-Tender documents with such modifications as may be necessary in the

opinion of the Corporation. It shall be incumbent on the Contractor to pay the stamp duty and the legal

charges for the preparation of the contract agreement.

Rajkot Municipal Corporation

GC-20 LIQUIDATED DAMAGES:

If the Contractor fails to complete the work or designated part thereof within the stipulated completion date

for the work or for the part, he shall pay liquidated damages at 0.1 (zero point one) percent of contract value

for per day of delay subject to maximum of 10% of the contract value or as decided by Municipal

Commissioner. The Contractor shall complete one-sixth quantum of work within one fourth period, four-tenth

quantum of work within one-half period and eight-tenth quantum of work within three-fourth period, failing

which, the Contractor shall be liable to pay liquidated damages an amount as specified above, or as decided

by Municipal Commissioner. The amount of liquidated damages shall, however, be subjected to a maximum

of 10 percent of the contract value. Delay in excess of 100 days shall be a cause for termination of the

contract and forfeiture of all security for performance.

GC-21 FORFEITURE OF SECUEITY DEPOSIT:

Whenever any claim against the Contractor for the payment of a sum of money out of or under the contract

arises, the Corporation shall be entitled to recover such sum by appropriating in part or whole, the security

deposit of the Contractor. In case the security deposit is insufficient, the balance recoverable shall be

deducted from any sum then due or which at any time thereafter may become due to the Contractor. The

Contractor shall pay to the owner on demand any balance remaining 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 commit a breach of

any of the terms contained in this contract, the owner shall have power to adopt any of the following courses

as he may deem best suited to his interest.

a) To rescind the contract (of which recession notice in writing to the contractor under the hand of the

owner shall be conclusive evidence) in which case the security deposit of the Contractor shall stand forfeited

and be absolutely at the disposal of the owner.

b) To employ labour and to supply materials to carry out the balance work debiting Contractor with the cost

of labour employed and the cost of materials supplied for which a certificate of the Engineer-In-Charge shall

be final and conclusive against the Contractor and 10% of costs on above 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 thereof as shall be unexecuted out of his

hand and give it to another Contractor to complete, the same. in this case the excess expenditure incurred

than what would have been paid to the original Contractor, if the whole work had been executed by him, shall

be borne and paid by the original Contractor and shall be deducted from any money due to him by the 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 courses being adopted by the owner, the Contractor shall have no claims for

compensation for any loss sustained by him by reason of his having purchased or procured any materials or

Rajkot Municipal Corporation

entered into any agreements or made any advance on account of or with a view to the execution of the work

or the performance of the contract.

In purchase the Contractor shall not be entitled to recover or be paid any sum for any work actually performed

under this contract unless the Engineer-In- Charge will certify in writing the performance of such work and

the value payable in respect thereof and he 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

proceeding clause, he may, if he so desires, take possession of all or any tools and plant, materials and

stores in or upon the works or the site thereof belonging to the Contractor, or procured by him and intended

to be used for the execution of the work or any part thereof paying or allowing for the same in account at the

contract rates to be certified by the Engineer-In-Charge. 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 the event of the Contractor failing to comply with any

such notice, the Engineer-In- Charge may remove them at the Contractor's expenses or sell them by auction

or private sale on account of the Contractor and his risks in all respects without any further notice as to the

date, time or place of the sale and the certificate of Engineer-In-Charge as to the expense of any such removal

and the amount of the proceeds and the expenses of any such sale shall be final and conclusive against the

GC-23 COMPENSATION FOR ALTERATION IN OR RESTRICTION IN WORK If

at any time from the commencement of the work, the owner shall for any reasons whatsoever not require

the whole work or part thereof as specified in the e-Tender to be carried out, the Engineer-In-Charge shall

give notice in writing of the fact to 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 the execution of the

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

out. He also shall not have any claim for compensation by reasons of any alterations having been made in

original specifications, drawings, designs and instructions which shall involve any curtailment of the work as

originally contemplated.

When the Contractor is a partnership firm, the prior approval in writing of the owner shall be obtained before

any change is made in the Constitution of the firm. Where the Contractor is an individual or a Hindu Undivided

Family or business concern, such approval as aforesaid shall, likewise be obtained before Contractor enters

into an agreement with other parties where under, the reconstituted firm would have the right to carry out the

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 contravention of subletting clause hereof and the same action

may be taken and the same consequence shall ensure as provided in the subletting clause.

GC-24 IN THE EVENT OF DEATH OF THECONTRACTOR:

Without prejudice to any of the rights or remedies under the contract, if the Contractor dies, the owner shall

have the option of terminating the contract without compensation to the Contractor.

Rajkot Municipal Corporation

GC-25 MEMBERS 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 obligation

of the owner under the contract, or answerable for any default or omission in the observance or performance

of any acts, matters or things, which are herein, contained.

GC-26 OWNER NOT BOUND BY PERSONAL REPRESENTATIONS:

The Contractor shall not be entitled to any increase on the schedule of rates or any other rights or claims

whatsoever by reason of representation, promise or guarantees given or alleged to have been given to him

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 remain open at all reasonable hours to receive information, notices 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, 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, competent sub-agents, foreman and loading hands including those specially qualified by

previous experience to supervise the type of works comprised in the contract in such manner as will ensure

work of the best quality and expeditious working. If, in the opinion of the Engineer-In- Charge additional

properly qualified supervision staff is considered necessary, it shall be employed by the Contractor, without

additional charge on account thereof. The Contractor shall ensure to the satisfaction of the Engineer-In-

Charge that sub-contractors, if any, shall provide competent and efficient supervision over the work entrusted

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

other employees shall, in the opinion of the Engineer-In- Charge, be guilty of any misconduct or be

incompetent or insufficiently qualified or negligent in the performance of their duties or that in the opinion

of the owner or Engineer-In-Charge, it is undesirable for administrative or any other reason for person or

persons to be employed in the works, the Contractor if so directed by the Engineer-In-Charge, shall at once

remove such person or persons from employment thereon. Any person or persons so removed shall not

again be re-employed in connection with the works without the written permission of the Engineer-In-Charge.

Any person, so removed from the works shall be immediately replaced at the expense of the Contractor by a

qualified and competent substitute. Should the Contractor be required to repatriate any person removed from

the works he shall do so after approval of Engineer-In-Charge and shall bear all costs in connection therewith.

3. The Contractor shall be responsible for the proper behaviour of all the staff, foreman, workmen and others

and shall exercise proper control over them and in particular and without prejudice to the said generality, the

Contractor shall be bound to prohibit and prevent any employee from trespassing or acting in any way

detrimental or prejudicial to the interest of the community or of the properties or occupiers of land and

Rajkot Municipal Corporation

properties in the neighbourhood and in the event of such employees so trespassing, the Contractor shall be

responsible therefore and relieve the owner of all consequent claims, actions for damages or injury or any

other ground whatsoever. The decision of the Engineer-In-Charge upon any matter arising under this claim

shall be final.

4. If and when required by the owner, the Contractor's personnel entering upon the owner's premises shall

be properly identified by badges of a type acceptable to the owner which must be worn at all times on owner's

GC-29 TERMINATION OF SUB-CONTRACT BY OWNER: (N.A.)

If any sub-contractor engaged upon the works at the site execute any work which in the opinion of Engineer-

In-Charge is not accordance with the contract documents, the owner may by written notice to the Contractor

request him to terminate such sub-contract and the Contractor upon the receipt of such notice shall terminate

such sub-contracts and the latter shall forthwith leave the works, failing which, the owner shall have the right

to remove such sub-contractors from the site.

No action taken by the owner under the above clause shall relieve the Contractor of his liabilities under the

contract or give rise to any right to compensation, extension of time or otherwise.

GC-30 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 –Fail to carry out works in conformity with the

contract documents, or Fail to carry out the works in accordance with the time schedule, or Substantially

suspend work or the works for a period of seven days without authority from Engineer-In-Charge, or Fail to

carry out and execute the work to the satisfaction of the Engineer-In- Charge, or Fail to supply sufficient or

suitable construction plant, temporary works, labour, materials or things, or Commit breach of any other

provisions of the contract on his part to be performed or observed or persists in any of the above mentioned

breaches of the contract for seven days after notice in writing shall have been given to the Contractor by the

Engineer-In-Charge requiring such breach to be remedied, or Abandon the work, or 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 merely a voluntary

liquidation for the purpose of amalgamation or reconstruction then in any such case.

The owner shall have the power to enter upon the works and take possession thereof and of the materials,

temporary works, constructional plant and stores therein and to revoke the Contractor's license to use the

same and to complete the works by his agents, other Contractor or workmen, to relate the same upon any

terms 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 authorize the use of any materials, temporary works,

constructional plant, and stores as aforesaid with making payments or allowance to the Contractor for the

said materials other than such as may be certified in writing by the Engineer-In- 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 loss or damage thereto. If the owner shall be reason of his

Rajkot Municipal Corporation

taking possession of the works or of the work being got completed by other Contractor incurred excess

expenditure be deducted from any money which may be

due for the work done by the Contractor under the contract and not paid for. Any deficiency shall forthwith

be made good and paid to the owner by the Contractor and the owner shall have power to sell in such manner

and for such price as he may think fit all or any of the constructional plant, materials etc., consist constructed

by or belonging to and to recoup and retain the said deficiency or any part thereof out of the proceeds of the

GC-31 CONTRACTOR'S RESPONSIBILITY WITH THE OTHER CONTRACTOR AND AGENCIES:

Without repugnance to any other conditions, it shall be the responsibility of the Contractor executing the

work; to work in close co-operation and co-ordination with other Contractors or their authorized

representatives and the Contractor will put a joint scheme with the concurrence of other contractors or their

authorized representatives showing the arrangements for carrying 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

bylaws of any local or duly constituted authorities or public bodies which may be applicable from time to

time to works or any temporary works. The Contractor s shall keep the owner indemnified against all

penalties and liabilities of every kind arising out of non-adherence to such statutes, ordinance, laws, rules,

regulations etc.

GC-32 OTHER AGENCIES AT SITE:

The Contractor shall have to execute the work in such place and condition where other agencies will also be

engaged for other works, such as site grading, filling and levelling, electrical and mechanical engineering

works etc. No claim shall be entertained for works being executed in the above circumstances.

Any notice under this contract may be served on the Contractor or his duly authorized representative at the

job site or may be served by Registered Post direct to the official address of the Contractor. Proof of issue

of any such notice could be conclusive of the Contractor having been duly informed of all contents therein.

GC-34 RIGHTS 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 Contractor s for access to the works, for the carriage and

storage of materials and execution of their works. Whenever the work being done by department of the owner

or by other Contractor employed by the owner is contingent upon work covered by this contract, the

respective rights of the various interests shall be determined by the Engineer-In-Charge to secure the

completion of various portions of the work in general harmony.

Rajkot Municipal Corporation

GC-35 PRICE ADJUSTMENTS:

Prices are firm and fix and no adjustment in price shall be allowed and no price escalation will be allowed

for the contract period or extended period, if any.

GC-36 TERMS OF PAYMENT:

The payment of bills shall be made progressively according to the rules and practices followed by the

Corporation. The progressive payment unless otherwise

provided in the contract agreement or subsequently agreed to by the parties shall be made generally monthly

on submission of a bill by the Contractor in prescribed form of an amount according to the value of the work

performed less the price of materials supplied by owner aggregate of previous progressive payments and as

required by Clause GC-37 (Retention of Money) herein. All such progressive payments shall be regarded as

payments by way of advance against final payment. Payment for the work done by the Contractor will be

based on the measurement at various stages of the work, in accordance with the condition at clause GC-81

(measurement of work in progress).

GC-37 RETENTION MONEY:

Pursuance to clause GC-36 (Terms of Payment) any on at money due to the Contractor for work done,

Corporation will hold as Retention money five (5) percent of the value of work. The retention money will not

normally be due for payment until the completion of the entire work and till such period the work has been

finally accepted by the Corporation and a completion certificate issued by the Corporation in pursuant to

Clause-GC 79 (Completion Certificate).

GC-38 PAYMENTS DUE FROM THE CONTRACTOR:

All costs, damages or expenses, for which under the contract, Contractor is liable to the Corporation, may be

deducted by the Corporation from any money due or becoming due to the Contractor under the contract or

from any other contract with the Corporation or may be recovered by action at law or otherwise from the

GC-39 CONTINGENT FEE:

i) The Contractor warrants that he has not employed a person to solicit or secure the contract upon any

agreement for a commission, percentage, and brokerage contingent fee. Breach of this warranty shall give

the Corporation the right to cancel the contract or to take any drastic measure as the Corporation may deem

fit. The warranty does not apply to commissions payable by the Contractor to establish commercial or selling

agent for the purpose of securing business.

ii) No officer, employer or agent of the Corporation shall be admitted to any share or part of this contract

or to any benefit that may rise there from.

GC-40 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 instructions given to him in writing by the Engineer-In-Charge in accordance with the contract,

Rajkot Municipal Corporation

or shall contravene the provisions of the contract, the Corporation may give notice in writing to the Contractor

to make good such failure, neglect, or contravention. Should the Contractor fail to comply with such written

notice within 14 (fourteen) days of receipt, it shall be lawful for the Corporation, without prejudice to any

other rights the Corporation may have under the contract, to terminate the contract for all or part of the

works, forfeit the Security Deposit and make any other arrangements it shall deem necessary to complete

the work outstanding under the contract at the time of termination and Black List / Debar / Terminate for the

period of three years from the works of RMC. In this event the performance Bond shall immediately become

due and payable to the Corporation. The value of the work done on the date of termination and not paid for

shall be kept as deposit for adjustment of excess expenditure incurred in getting the remaining work

completed and the 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:

i) The Corporation may upon written notice of default to the Contractor terminate the contract circumstances

detailed as under:

a) If in the opinion of the Corporation, the Contractor fails to make completion of works within the time

specified in the completion schedule or within the period for which extension has been granted by the

Corporation to the Contractor.

b) If in the opinion of the Corporation, the Contractor fails to comply with any of the other provisions of this

ii) In the event, the Corporation terminates the contract in whole or in part as provided in Article GC-50

(Termination of the Contract) the Corporation reserves the right to purchase upon such terms and in such

manner as it may be deem appropriate, plant similar to one which is not supplied by the Contractor and the

Contractor will be liable to the Corporation for any additional costs for such similar plant and / or for

liquidated damages for delay until such time as may be required for the final completion of works.

iii) If this contract is terminated as provided in this paragraph GC-30 (Power of Entry) (1) the Corporation in

addition to any other rights provided in this clause, may require the Contractor to transfer title and deliver to

the Corporation.

Any completed works

Such partially completed information and contract rights as the Contractor has specifically produced or

acquired for the performance of the contract so terminated.

iv) In the event, the Corporation does not terminate the contract as provided in the paragraph GC-50

(Termination of Contract) the Contractor shall continue performance of the contract, in which case, he shall

be liable to the Corporation for liquidated damages for delay until the works are completed and accepted.

GC-42 BANKRUPTCY:

If the Contractor shall become bankrupt or insolvent or has a receiving order made against him, or compound

with his creditors, or being the Corporation commence to be wound up not being a member 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 Corporation shall be at liberty to either (a) terminate the contract forthwith

Rajkot Municipal Corporation

by giving notice in writing to the Contractor or to the receiver or liquidator or to any person or Organization

in whom the contract may become vested and to act in the manner provided in Article GC-41 (Default of

Contractor) as thought the last mentioned notice had been the notice referred to in such article or (b) to give

such receiver, liquidator or other persons in whom the contract may become vested the option of carrying

out the contract subject to his providing a satisfactory guarantee for the due and faithful, performance of the

contract up to an amount to be agreed. In the event that the Corporation terminates the contract in

accordance with this article, the performance bond shall immediately become due and payable on demand

to Corporation.

GC-43 OWNERSHIP:

Works hand over pursuant to the contract shall become the property of the Corporation from whichever is

the earlier of the following times, 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 condemnation by the Corporation of any breach or breaches by the Contractor or an authorized sub-

contractor of any of the stipulations and conditions contained in the contract, shall in no way prejudice or

affect or be construed as a waiver of the Corporation's rights, powers and remedies under the contract in

respect of any breach or breaches.

GC-45 LAWS GOVERNING THE CONTRACT:

This contract shall be construed according to and subject to the laws of India and the State of Gujarat and

under the jurisdiction of the Courts of Gujarat at Rajkot.

GC-46 OVER PAYMENT AND UNDER PAYMENT:

Whenever any claim for the payment of a sum to the Corporation arises out of or under this contract against

the Contractor, the same may be deducted by the Corporation from any sum then due or which at any time

thereafter may become due to the Contractor under this contract and failing that under any other contract

with the Corporation (which may be available with the Corporation), or from his retention money or he shall

pay the claim on demand. The Corporation reserves the right to carry out post payment audit and technical

examinations of the final bill including all supporting vouchers, abstracts etc. The Corporation further

reserves the right to enforce recovery of any payment when detected, notwithstanding the fact that the

amount of the final bill may be included by one of the parties as an item of dispute before an Arbitrator,

appointed under Article GC-49 (Arbitration) of this contract and notwithstanding the fact that the amount of

the final bill figures in the arbitration award. If as a result of such audit and technical examinations any over

payment is discovered in respect of any work done by the Contractor or alleged to have been done by him

under the contract, it shall be recovered by the Corporation from the Contractor as prescribed above. If any

under payment is discovered by the Corporation, the amount due to the Contractor under this contract, may

Rajkot Municipal Corporation

be adjusted against any amount then due or which may at any time thereafter become due before payment

is made to the Contractor.

GC-47 SETTLEMENT OF DISPUTES:

Except as otherwise specifically provided in the contract, all disputes concerning questions of fact arising

under the contract shall be decided by the Engineer-In- Charge subject to a written appeal by the Contractor

to the Engineer-In-Charge and those decisions shall be final and binding on the parties hereto. Any disputes

or differences including those considered as such by only one of the parties arising out of or in connection

with this contract shall be to the extent possible settled amicably between the parties. If amicable settlement

cannot be reached then all disputed issues shall be settled as provided in Article GC-48 (Disputes or

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

GC-48 DISPUTES OF DIFFERENCES TO BE REFERRED TO:

If at any time, any question, disputes or differences of any kind whatsoever shall arise 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 or difference as to any

decision, opinion, instruction, direction, certificate or evaluation of the Engineer-In- Charge.

GC-49 ARBITRATION:

In case of any dispute arising during the course of execution, the matter should be referred to Municipal

Commissioner who will be sole Arbitrator whose decisions will be final and binding to the Contractor.

The word "Arbitration" or "Arbitration Clause" wherever mentioned in this tender document, is to be treated

to be referred to GC-49. In this context, an Order bearing No. RMC/Legal/1858 dated 18-02-2017 of Legal

Department of Rajkot Municipal Corporation is uploaded separately along with this tender, which Order, will

be hereafter referred and taken into consideration for Arbitration related purpose.

GC-50 TERMINATION OF THE CONTRACT:

i) If the Contractor finds it impracticable to continue operation owing to force majeure reasons or for any

reasons beyond his control and/or the Corporation find it impossible to continue operation, then prompt

notification in writing shall be given by the party affected to the other.

ii) If the delay or difficulties so caused cannot be expected to cease or become unavoidable or if operations

cannot be resumed within two (2) months then either party shall have the right to terminate the contract upon

ten (10) days written notice to the other. In the event of such termination of the contract, payment to the

Contractor will be made as follows:

a) The Contractor shall be paid for all works approved by the Engineer-In- Charge and for any other

legitimate expenses due to him.

b) If the Corporation terminates the contract owing to Force Majeure or due to any cause beyond its control,

the Contractor shall additionally be paid for any work done during the said two (2) months period including

any financial commitment made for the proper performance of the contract and which are not reasonably

defrayed by payments under (a) above.

Rajkot Municipal Corporation

c) The Corporation shall also release all bonds and guarantees at its disposal except in cases where the

total amount of payment made to the Contractor exceeds the final amount due to him in which case the

total amount of payment made to the Contractor exceeds the final amount due to him in which case the

Contractor shall refund the excess amount within thirty (30) days after the termination and the Corporation

thereafter shall release all bonds and guarantees. Should the Contractor fail to refund the amounts received

in excess within the said period such amounts shall be deducted from the bonds or guarantees provided.

iii) On termination of the contract for any cause the Contractor shall see the orderly suspension and

termination of operations, with due consideration to the interests of the Corporation with respect to

completion safeguarding of storing materials procured for the performance of the contract and the salvage

and resale thereof.

GC-51 SPECIAL RISKS:

If during the contract, there shall be an outbreak of war (whether war is declared or not), major epidemic,

earthquake or similar occurrence in any part of the world beyond the control of either party to the contract

which 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 endeavours to complete

the execution of the contract, provided always that the Corporation shall be entitled at any item 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.

The Contractor shall not be liable for payment of compensation for delay or for failure to perform the

contract for reasons of Force Majeure such as acts of public enemy, acts of Government, fires, floods,

cyclones, epidemics, quarantine restrictions, lockouts, strikes, freight embargoes and provided that the

Contractor shall within 10 (ten) days from the beginning of such delay notify the Engineer-In-Charge in writing,

of the cause of delay, the Corporation shall verify the facts and grant such extension as the facts justify.

GC-52 CHANGE IN CONSTITUTION:

Where the Contractor is a partnership firm, the prior approval in writing of the owner shall be obtained before

any change is made in the constitution of the firm. Where the Contractor is an individual or undivided family

business concern such approval as aforesaid shall likewise be obtained before the Contractor enters into

any partnership agreement where under the partnership firm would have the right to carry out the works

hereby undertaken by the Contractor. If prior approval as aforesaid is not obtained, the contract shall be

deemed to have been assigned in contravention of contract.

GC-53 SUB-CONTRACTUAL RELATIONS (N.A.)

All works performed for the contract by a sub-contractor shall be pursuant to an appropriate agreement

between the Contractor and the sub-contractor, which shall contain provision to –

a) Protect and preserve the rights of the Corporation and the Engineer-In-Charge with respect to the works

to be performed under the sub-contracting party will not prejudice such rights.

b) Require that such work be performed in accordance with the requirements of contract documents.

Rajkot Municipal Corporation

c) Require under such contract to which the contractor is a party, the submission to the Contractor of

application for payment and claims for additional costs, extension of time, damages for delay or otherwise

with respect to the sub- contracted portions of the work in sufficient time, that the Contractor may apply for

payment comply in accordance with the contract documents for like claims by the Contractor upon the

d) Waive all rights the contracting parties may have against one another for damages caused by fire or other

perils covered by the property insurance except such rights as they may have to the proceeds of such

insurance held by the Corporation as trustee and,

e) Obligate each sub-contractor specifically to consent to the provisions of this Article.

GC-54 PATENTS AND ROYALTIES:

1. Contractor, if licensed under any patent covering equipment, machinery, materials or composition of

matter to be used or supplied or methods and process to be practiced or employed in the performance of

this contract agrees to pay all royalties and license fees, which may be due with respect thereto. If any

equipment, machinery, materials, composition matters to be used or supplied or methods practiced or

employed in the performance of this contract, is covered by a patent under which Contractor is not licensed,

then the Contractor before supplying / using the equipment, machinery, materials, compositions, methods of

process shall obtain such license and pay such royalties and license fees as may be necessary for

performance of this contract. In the event Contractor fails to pay such royalty or to obtain any such license,

any suit for infringement of such patents which is brought against the Contractor or the owner as a result of

such failure will be defended by the Contractor at his own expenses and the Contractor will pay any damages

and costs awarded in such suit. The Contractor shall promptly notify the owner if the Contractor has acquired

knowledge of any plant under which a suit for infringement could be reasonably brought because of the use

by the owner of any equipment machinery, materials, process methods to be supplied in hereunder.

Contractor agrees to and does hereby grant to owner together with the right to extend the same to any of the

subsidiaries of the owner an irrevocable royalty fee license to use in any Country, any invention made by the

Contractor or his employees in or as a result of the performance of work under contract.

2. With respect to any sub-contract entered into by Contractor pursuant to the provisions of the relevant

clause hereof, the Contractor shall obtain from the sub-contractor an understanding to provide the owner

with the same patent protection that contracts are required to provide under the provisions of the clause.

3. The Contractor shall indemnify and save harmless the owner from any loss on account of claims against

owner for the contributory infringement of patent rights arising out of and based upon the claim that the use

by the Corporation of the process included in the design prepared by the Contractor and used in the operation

of the plant infringes on any patent rights.

If, at any time, there should be evidence of any lien or claim for which owner might have become liable and

which is chargeable to the Contractor, the owner shall have the right to retain out of any payment then due

or thereafter to become due an amount sufficient to completely indemnify the owner against such lien or

claim or if such lien or claim be valid the owner may pay and discharge the same and deduct the amount as

Rajkot Municipal Corporation

paid from any money which may be due 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 costs and reasonable

GC-56 EXECUTION OF WORK:

The whole work shall be carried out in strict conformity with the provisions of the contract document, detailed

drawings, specifications and the instructions of the Engineer-In-Charge from time to time The Contractor

shall ensure that the whole work is executed in the most substantial, and proper manner with best

workmanship using materials of best quality in strict accordance with the specifications to the entire

satisfaction of the Engineer-In-Charge.

GC-57 WORK IN MONSOON:

When the work continues in monsoon if required, the Contractor shall maintain minimum labour force

required for the work and plan and execute the construction and erection work according to the prescribed

schedule. No extra rate will be considered for such work in monsoon. During monsoon and entire

construction period, the Contractor shall keep the site free from water at his own cost. However, monsoon

period from 1st July to 30th September will be excluded from time limit.

GC-58 WORK ON SUNDAYS AND HOLIDAYS:

No work except curing shall be carried out on Sunday and holidays. However, if the exigencies of the work

need continuation of work on Sundays and Holidays, written permission of the Engineer-In-Charge shall be

obtained in advance.

GC-59 GENERAL CONDITIONS FOR CONSTRUCTION WORK:

Working hours shall be eight every day. The overtime work in two shifts could be carried out with the written

permission of the Engineer-In-Charge but no compensation shall be paid for the same. The rate quoted shall

include this. The Contractor shall plan his work in such a way that his labourers do not remain idle. The owner

will not be responsible for idle labour of the Contractor. The Contractor shall submit to the owner progress

report every week. The details and proforma of the report will be as per mutual agreement.

GC-60 DRAWINGS TO BE SUPPLIED BY THE OWNER: (N.A.)

The drawings attached with the e-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. Detail working drawings

according to which the work is to be done shall be prepared by the Contractor for executing the work.

GC-61 DRAWINGS TO BE SUPPLIED BY THE CONTRACTOR:

Where drawings, data are to be furnished by the Contractor they shall be as enumerated in special conditions

of contract and shall be furnished within the specified time. Where approval of drawings has been specified

it shall be Contractor's responsibility to have these drawings got approved before any work is taken up with

Rajkot Municipal Corporation

regard to the same. Any changes becoming necessary in those drawings during the execution of the work

shall have to be carried out by the Contractor at no extra cost. All final drawings shall bear the certification

stamp as indicated below duly signed by both the Contractor and Engineer-In-Charge.

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-62 SETTING OUT WORK:

The Contractor shall set out the work on the site handed over by the Engineer- In- Charge and shall be

responsible for the correctness of the same. The work shall be carried out to the entire satisfaction of

Engineer-In-Charge. The approval thereof or partaking by Engineer-In-Charge or setting out work shall not

relieve Contractor of any of his responsibilities. The Contractor shall provide at his own cost all necessary

level posts, pegs, bamboos, flags, ranging rods, strings and other materials and labourers required for proper

setting out of the work. The Contractor shall provide fix and be responsible for the maintenance of all stakes,

templates, level markets, profiles and similar other things and shall take all necessary precautions to prevent

their removal or disturbance and shall be responsible for the consequences for such removal or disturbance.

The Contractor shall also be responsible for the maintenance of all existing survey marks, boundary marks,

and distance marks and centreline marks either existing or face lines and cross lines shall be marked by

small masonry 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 choked and approved by Engineer-In-Charge in writing but

such approval shall not relieve the Contractor of his responsibilities about the correctness of setting out.

The Contractor shall provide all materials, labour and other facilities necessary for checking at his own cost.

Pillars bearing geodetic marks on site shall be protected by the Contractor. On completion of the work, the

Contractor shall submit the geodetic documents according to which the work has been carried out.

GC-63 RESPONSIBILITIES OF CONTRACTOR FOR CORRECTNESS OF THE WORK:

The Contractor shall be entirely and exclusively responsible for the correctness of every part of the work and

shall rectify completely any errors therein at his own cost when so instructed by Engineer-In-Charge. If any

error has crept in the work due to non-observance of this clause, the Contractor will be responsible for the

error and bear the cost of corrective work.

1. Materials to be supplied by the Contractor:

Contractor shall procure and provide all the material required for the execution and maintenance of work

including M S rods; all tools, tackles, construction plant and equipment except, the materials to be supplied

by the owner detailed in the contract documents. Owner, shall make recommendations for procurement of

materials to the respective authorities if desired by the Contractor but assumes no responsibility of any

nature. Owner shall insist for procurement of materials with ISI marks supplied by reputed firms of the DGS

Rajkot Municipal Corporation

2. If, however, the Engineer-In-Charge feels that the work is likely to be delayed due to Contractor's inability

to procure materials, the Engineer-In-Charge shall have the right to procure materials, from the market and

the Contractor will accept these materials at the rates decided by Engineer-In-Charge.

GC-64 MATERIALS TO BE SUPPLIED BY THE OWNER:

1. If the contract provided certain materials or stores to be supplied by the owner, such materials and stores

transported by the Contractor at his cost from owner's stores or Railway Station. The cost from Contractor

for the value of materials supplied by the owner will be recovered from the R.A.Bill on the basis of actual

consumption of materials in the work covered and for which R A Bill has been prepared. After completion of

the work, the Contractor has to account for the full quantity of materials supplied to him.

2. The value of store materials supplied by owner to the Contractor shall be charged at rates shown in the

contract document and in case any other material not listed in the schedule of materials is supplied by the

owner, the same shall be charged at cost price including carting and other expenses incurred in procuring

the same. All materials so supplied shall remain the property of the owner and shall not be removed from

the site on any account. Any material remaining unused at the time of completion of work or termination of

contracts shall be returned to owner's store or any other place as directed by the Engineer-In-Charge in

perfectly good condition at Contractor's cost. When materials are supplied free of cost for use in work and

surplus and unaccounted balance thereof are not returned to the owner, recovery in respect of such balance

will be affected at double the applicable issue rate of the material or the market rates whichever is higher.

GC-65 CONDITIONS OF ISSUE OF MATERIALS BY THE OWNER: (N.A.)

The materials specified to be issued by the owner to the Contractor shall be issued by the owner at his store

and all expenses for it carting site shall be borne by the Contractor will be issued during working hours and

as per rules of owner from time to time. Contractor shall bear all expenses for storage and safe custody at

site of materials issued to him before use in work. Material shall be issued by the owner in standard / non-

standard sizes as obtained from manufacturer.

Contractor shall construct suitable godowns at site for storing the materials to protect the same from

damage due to rain, dampness, fire, theft etc.

The Contractor should take the delivery of the materials issued by the owner after satisfying himself that

they are in good condition. Once the materials are issued, it will be the responsibility of the Contractor to

keep them in good condition and in safe custody. If the materials get damaged or if they are stolen, it shall

be the responsibility of the Contractor to replace them at his cost according to the instructions of the

Engineer-In-Charge.

For delay in supply or for non-supply of materials to be supplied by the owner, on account of natural

calamities, act of enemies, other difficulties beyond the control of the owner, the owner carries no

responsibilities. In no case the Contractor shall be entitled to claim any compensation for loss suffered by

him on this account.

None of the materials issued to the contractor, shall be used by the Contractor for manufacturing items which

can be obtained from the manufacturers. The materials issued by the owner shall be used for the work only

and no other purpose.

Rajkot Municipal Corporation

Contractor shall be required to execute indemnity bond in the prescribed form for the safe custody and

account of materials issued by the owner.

Contractor shall furnish sufficiently in advance a statement of his requirements of quantities of materials to

be supplied by the owner and the time when the same will be required for the work, so as to enable Engineer-

In-Charge to make arrangements to procure and supply the materials.

A daily account of materials issued by the owner shall be maintained by the contractor showing receipt,

consumption and balance on hand in the form laid down by Engineer-In-Charge with all connected paper and

shall be always available for inspection in the site office.

Contractor shall see that only the required quantities of materials are got issued and no more. The Contractor

shall be responsible to return the surplus materials at owner's store at his own cost.

GC-66 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 owner either by issue from owner's

stock or purchase made under orders or permits or licenses issued materials as trustees for owner, and use

such materials not disposed them off without the permission of owner and unserviceable materials that may

be left with him after completion of the contract or at its termination for any reason whatsoever on his

being paid or credited such price as Engineer-In-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 of breach of the aforesaid condition, the Contractor shall in terms of license or permits and/or for

criminal breach of trust be liable to compensate owner at double the rate or any higher rates. In the event of

these materials at that time having higher rate or not being available in the market then any other rate to be

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

GC-67 MATERIALS OBTAINED FROM DISMANTLING:

If the Contractor, in the course of execution of work, is called upon to dismantle any part of work for reasons

other than on account of bad or imperfect work, the materials obtained from dismantling will be property of

the owner and will be disposed off as per instructions of Engineer-In-Charge in the best interest of the owner.

GC-68 ARTICLE OF VALUE OF TREASURE FOUND DURING CONSTRUCTION:

All gold, silver and other minerals of any description and all precious stones, coins, treasures, relics, antiques

and other similar things which shall be found in, under or upon site shall be the property of the owner and

the Contractor shall properly preserve the same to the satisfaction of the Engineer-In-Charge and shall hand

over the same to the owner.

GC-69 DISCREPANCIES BETWEEN INSTRUCTIONS:

If there is any discrepancy between various stipulations of the contract documents or instructions to the

Contractor or his authorized representative or if any doubt arises as to the meaning of such stipulation or

instructions, the Contractor shall immediately refer in writing to the Engineer-In-Charge whose decision shall

be final and conclusive and no claim for losses caused by such discrepancy shall in any event be admissible.

Rajkot Municipal Corporation

GC-70 ALTERATIONS IN SPECIFICATIONS & DESIGNS & EXTRA WORK:

The Architect / Engineer-In-Charge shall have power to make any alterations in, omission from, addition to

substitution for, the schedule of rates, the original specifications, drawings, designs and instructions that

may appear to him to be necessary or advisable during the progress of work and the Contractor shall be

bound to carry out such altered / extra / new items of work in accordance with any instructions which may

be given to him in writing signed by Engineer-In- Charge and such alteration omissions, additions or

substitutions, shall not invalidate contract and any altered, additional or substituted work shall be carried

out by the Contractor on the same conditions of contract. The time of completion may be extended by

Architect as may be considered just and reasonable by him. The rates for such additional, altered or

substitute work shall be worked out as under:

a) If the rates for additional, altered or substitutes work are specified in the contract for work, the Contractor

is bound to carry out such work at the same rates as specified in the contract.

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

work, the rates will be derived from the rates of similar items of work in the contract work. The opinion of

Engineer-In-Charge as to whether the rates can be reasonably so derived the items of contract will be final

and binding to the Contractors.

c) If the rates of altered, additional or substitute work cannot be determined as specified in (a) or (b) above,

the rate shall be paid as per S.O.R. of RMC and if not available in RMC SOR then it will be paid according to

the SOR of R&B / GWSSB. In such case, if contractor's premium quoted in the tender is below, the rate will

be paid as per the premium quoted whereas if the premium quoted in the tender is above then it will paid as

per the rates of S.O.R. of Rajkot Municipal Corporation and if not available in RMC SOR then it will be paid

according to the SOR of R&B / GWSSB.

d) If the rates of altered, additional or substitute work cannot be determined as specified in (a) or (b) or (c)

above, the Contractor shall within seven days of the receipt of order to carry out the work inform the Architect

/ Engineer-In- Charge of the rate which he intends to charge for such work supported by rate analysis and the

Architect / Engineer-In-Charge will determine the rate on the basis of prevailing market rates of materials,

labour cost at schedule of labour plus 15% there on as Contractor's supervision overheads and profit. The

opinion of Architect / Engineer-In-Charge as to the market rates of materials and the quantity of labour

involved per unit of measurement will be final and binding on Contractor. But under no circumstances, the

Contractor suspends work or the plea of non-settlement of items falling under this clause.

GC-71 ACTION WHEN NO SPECIFICAITONS ARE ISSUED:

In case of any class of work for which no specifications are supplied by the owner in the e-Tender documents,

such work shall be carried out in accordance with relevant latest ISS and if ISS do not cover the same, the

work shall be carried out as per General Technical Specification for building work; and if not covered in then

it is to be with standard Engineering Practice subject to the approval of Engineer-In-Charge.

GC-72 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.

Rajkot Municipal Corporation

GC-73 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 setting out for taking measurement of work etc.

GC-74 TESTS FOR QUALITY OF WORK:

1. All workmanship shall be of the best kind described in the contract documents and in accordance with the

instructions of Engineer-In-Charge and shall be subjected from time to time to such tests at Contractor’s cost

as the Engineer- In-Charge may direct at the place of manufacture of fabrication or on the site or at any such

place. Contractor shall provide assistance, instruments, labour and materials as are normally required for

examining, measuring and testing of any work of workmanship as may be selected and required by Engineer-

2. All tests 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. Contractor shall furnish the Engineer-In-Charge for approval when requested or if required by the

specification, adequate samples of all materials and finished goods to be used in work sufficiently in

advance to permit tests and examination thereof. All materials furnished and finished goods applied in work

shall be exactly as per the approved samples.

GC-75 ACTION AND COMPENSATION IN CASE OF BAD WORKMANSHIP:

If it shall appear to the Engineer-In-Charge that any work has been executed with materials of inferior

description, or quality or are unsound or with unsound, imperfect or unskilled workmanship or otherwise not

in accordance with the contract, the Contractor shall, on demand in writing from Engineer-In-Charge or his

authorized representative specifying the work, materials or articles complained of, notwithstanding that the

same may have been inadvertently

passed, certified and paid for, forthwith rectify or remove and reconstruct the work, so specified. In the event

of failure to do so within a period to be specified by the Engineer-In-Charge in his aforesaid demand,

Contractor shall be liable to pay compensation at the rate of half a percent of the estimated cost of work for

every work limited to a maximum of ten (10%) percent of the value of work while his failure to do so continues

and in the case of any such failure, the Engineer-In- Charge may on expiry of the notice period rectify and

remove and re-execute the work or remove and replace with others 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

GC-76 SUSPENSION 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 one month) as ordered and shall not after receiving

such written notice proceed with the work until he shall have received a written order to proceed therewith.

The Contractor shall not be entitled to claim compensation for any loss or damage sustained by him by

reason of temporary suspension of work as aforesaid. An extension of time for completion of work will be

granted to the Contractor corresponding to the delay caused by such suspension of work if he applies for

Rajkot Municipal Corporation

the same provided the suspension was not consequent upon any default or failure on the part of the

GC-77 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 owner has the right to carry out such parts of work as the owner may designate whether by

purchasing materials and engaging labour or by the agency of another Contractor. In such case the owner

shall deduct from the amount which otherwise might become due to Contractor, the cost of such work and

materials with then (10) percent added to cover all departmental charges and should the total amount thereof

materials with then (10) percent added to cover all departmental charges and should the total amount thereof

exceed the amount due to contract, Contractor shall pay the difference to owner.

GC-78 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 contact. If such prior possession or use by Engineer-In-Charge delays the process of

work, equitable adjustment in the time of completion will be made and the contract shall be deemed to be

modified accordingly.

GC-79 COMPLETION CERTIFICATE:

As soon as the work has been completed in accordance with contact (except in minor respects that do not

affect their use for the purpose for which they are intended and except for maintenance thereof) as per

General Conditions of Contract the Engineer-In-Charge shall issue a certificate (hereinafter called completion

certificate) in which shall certify the date on which work has been completed and has passed the said tests

and owner shall be deemed to have taken over work on the date so certified. If work has been divided in

various groups in contract, owner shall be entitled to take over any group or groups before the other or others

and there upon the Engineer-In-Charge will issue a completion certificate, which will, however, be for such

group or groups so taken over.

In order that Contractor could get a completion certificate, he shall make good will all speed any defect

arising from the defective materials supplied by Contractor of workmanship or any act or omission of

Contractor that may have been discovered or developed after the work or groups of works has been taken

over. The period allowed for carrying out such work will be normally, one month. If any defect be not remedied

within the time specified, owner may proceed to do work at Contractor's (Agency, or Firm) risk and expenses

and deduct from the final bill such amount as may be decided by owner. If by reason of any default on the

part of the Contractor, a completion certificate has not been issued in respect of every portion of work within

one month after the date fixed by contract for completion of work, owner shall be at liberty to use work or

any portion thereof in respect of which a completion certificate has been issued, provided that work or the

portion thereof so used as aforesaid shall be afforded reasonable opportunity for completion of that work or

the portion thereof so used as aforesaid shall be afforded reasonable opportunity for completion of that work

for the issue of completion certificate.

Rajkot Municipal Corporation

GC-80 SCHEDULE OF RATES:

1. The rates quoted by the Contractor shall remain firm till the completion of the work and shall not be

subject to escalation. Schedule of rates shall be deemed to include and cover all costs, expenses and

liabilities of every description and risks or every kind to be taken in executing, completing and handing over

the work to owner by Contractor. The contractor shall be deemed to have known the nature, scope, magnitude

and the extent of work and materials required though 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 be reasonable and necessary to complete the work. The opinion

of Engineer-In-Charge as to the item of work which are necessary and reasonable for completion of the work

shall be final and binding on Contractor although the same may be not shown on drawings or described

specifically in contract documents.

2. The Schedule of Rates shall be deemed to include and cover the cost of all constructional plant,

temporary work, materials, labour and all other matters in connection with each item in Schedule of Rates

and the execution of work or any portion thereof finished complete in every 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 fees for the

articles and processes, protected by letters patent or otherwise incorporated in or used in connection with

work, also all royalties, rents and other payments in connection with obtaining material of whatsoever kind

for work and shall include an indemnity to owner which Contractor hereby gives against all action,

proceedings, claims, damages, costs and expenses arising from the incorporation in or use on the works

of any such articles, processes or materials. Other Municipal or local Board charges if levied on material,

equipment or machineries to be brought to site for use on work shall be borne by the Contractor.

4. No exemption or reduction of custom duties, excise duties, sales tax or any other taxes or charges of the

Central or State Government or of any Local Body whatsoever will be granted or obtained and all such

expenses shall be deemed to have been included in and covered by Schedule of Rates. Contractor shall also

obtain and pay for all permits or other privileges necessary to complete the work.

5. The Schedule of Rates shall be deemed to include and cover risk on account of delay and interference

with Contractor's conduct of work which may occur from any cause including orders of owner in the exercise

of his powers and on account of extension of time granted due to various reasons.

6. For work under unit rate basis, no alteration will be allowed in the Schedule of Rates by reasons of work

or any part of them being modified, altered, extended, diminished or omitted.

GC-81 PROCEDURE FOR MEASUREMENT OF WORK IN PROGRESS:

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

representative of Engineer-In-Charge and Contractor's authorized agent. Such measurements will be got

recorded in the Measurement Book by the Engineer-In-Charge or his authorized representative and signed by

the Contractor or his authorized agent in token of acceptance. If the Contractor or his authorized agent fails

to be present whenever required by the Engineer- In-Charge for taking measures for every reasons

whatsoever, the measurement will be taken by the Engineer-In-Charge or his authorized representative

Rajkot Municipal Corporation

notwithstanding the absence of Contractor and these measurements will be deemed to be correct and

binding on the Contractor.

2. Contractor will submit a bill in approved proforma in quadruplicate to the Engineer-In-Charge of the work

giving abstract and detailed measurements of various items executed during a month as mutually agreed.

The Engineer- In- Charge shall verify the bill and the claim, as far as admissible, adjusted, if possible, within

10 days of presentation of the bills.

GC-82 RUNNING ACCOUNT PAYMENTS TO BE REGARDED 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 rejected

or to be considered as an admission of the due performance of contract or any part thereof.

2. Five (5) percent of the gross R A Bill amount shall be retained from each bill as retention amount and the

same will be paid with the final bill.

GC-83 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

particulars of the nature of such claim with full details and amount claimed. Failure on the part of the

Contractor to put forward any claim with the necessary particulars as above, within the time above specified

shall be an absolute waiver thereof. No omission by owner to reject any such claim and no delay in dealing

therewith shall waiver by owner or any rights in respect thereof.

GC-84 PAYMENT OF CONTRACTOR'S BILL:

1. The price to be paid by the owner to Contractor for the work to be done and for the performance of all

the obligations undertaken by the Contractor under contract shall be based on the contract price and payment

to be made accordingly for the work actually executed and approved by the Engineer-In- Charge.

2. 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 shall be made

after necessary deductions as stipulated elsewhere in the contract documents for materials, security deposit

etc. The payment shall be released to the Contractor within two (2) months of submission of the bill duly pre-

occupied on proper revenue stamp. Payment due to Contractor shall be made by the owner through ECS

mode in Indian currency in the account of contractor. Owner shall not be responsible if the account number

is mislaid or misappropriated by unauthorized persons.

Rajkot Municipal Corporation

GC-85 FINAL BILL:

The final bill shall be submitted by Contractor within one (1) month of the date of physical completion of

work, otherwise the Engineer-In-Charge's certificate of the measurement and of total amount payable for

work, otherwise the Engineer-In-Charge's certificate of the measurement and of total amount payable for

work shall be final and binding on all parties.

GC-86 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 e-Tender as a limited

company in which case the receipt must be signed in the name of the Company by one of its principal officers

or by some person having authority to give effectual receipt for the Company.

GC-87 COMPLETION CERTIFICATE:

1. When the Contractor fulfils his obligation as per terms of contract, he shall be eligible to apply for

Completion Certificate. Contractor may apply for separate Completion Certificate in respect of each such

portion of work by submitting the completion documents along with such application for Completion

The Engineer-In-Charge shall normally issue to Contractor the Completion Certificate within one (1) month

after receiving an application thereof from Contractor after verifying, from the completion 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 documents. Contractor after obtaining the Completion Certificate is

eligible to present the final bill for work executed by him under the terms of contract.

2. Within one month of completion of work in all respects 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 (i) scaffolding, surplus materials and rubbish is cleaned off site completely, (ii)

until work shall have been measured by the Engineer-In-Charge whose measurement shall be binding and

conclusive and, (iii) until all the temporary works, labour and staff colonies etc. constructed are removed and

the work site cleaned to the satisfaction of the Engineer-In-Charge. If Contractor shall fail to comply with the

requirements as aforesaid or before date fixed for the completion of work, the Engineer-In-Charge may at the

expense of Contractor remove such scaffolding, surplus materials and rubbish and dispose off the same as

3. The following documents will form the completion documents: -

a) technical documents according to which the work has been carried out.

b) Three sets of construction drawings showing therein the modifications and corrections made during the

course of execution signed by the Engineer-In- Charge.

c) Completion Certificate for "Embedded" or "Covered" up work.

d) Certificate of final levels as set out for various works.

e) Certificate of test performed for various work.

f) Material appropriation statement for the materials issued by owner for work and list of surplus materials

returned to owner's store duly supported by necessary documents.

Rajkot Municipal Corporation

4. Upon expiry of the period of defect liability and subject to Engineer-In-Charge being satisfied that work

has been duly maintained by Contractor during the defect liability period of fixed originally or as extended

subsequently and that Contractor has in all respects made up any subsidence and performed all his

obligations under contract, the Engineer-In-Charge (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.

5. Final Certificate only evidence of completion:

Except the final certificate, no other certificate of payment against a certificate or on general account shall

be taken to be an admission by owner of the due performance of contract or any part thereof of occupancy

or validity or any claim by the Contractor.

GC-88 TAXES, DUTIES, ETC.:

1. Contractor agrees to and does hereby accept full and exclusive liability for the payment of any and all

taxes including Sales Tax, Duties, etc., now or hereinafter imposed, increased or modified from time to time

in respect of work and materials and all contributions and taxes for unemployment, compensation, insurance

and old age pension or annuities now or hereinafter imposed by the Central or State Government authorities

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

Contractor. If the Contractor is not liable to Sales Tax assessment, a certificate to that effect from the

Competent Authority shall be produced without which final payment to the Contractor shall not be made

No.P, 'C' and 'D' Form shall be supplied by the owner, and the Contractor shall be required to pay full tax as

2. Contractor shall be responsible for compliance with all obligations and restrictions imposed by the labour

law or any other law affecting employer- employee relationship.

3. Contractor further agrees to comply and to secure the compliance of all sub-contractors with applicable

Central, State, Municipal and local laws and regulations and requirement. Contractor also agrees to defend,

indemnify the hold harmless the owner from any liability or penalty which may be imposed by Central, State

or local authority by reasons of any violation by Contractor or sub Contractor of such laws, regulations or

requirements and also from all claims, suits or proceedings that may be brought against owner arising under,

growing out of or by reasons or work provided for by this Contract by third parties or by Central or State

Government authority or any administrative Sub-Division thereof. The Sales Tax on work contract will be

borne by Contractor.

GC-89 INSURANCE:

Contractor shall at his own expenses carry and maintain the reputable Insurance Companies to the

satisfaction of owner as follows:

1. Contractor agrees to and uses hereby accept full and exclusive liability for compliance with all

obligations imposed by the Employer's State Insurance Act, 1948 and Contractor further agrees to defend,

indemnify and hold owner hardness from any liability or penalty which may be imposed by the Central or

State Government or local authority by reasons of any assorted violation by Contractor or Sub-Contractor or

the Employees State Insurance Act, 1948 and also from all claims, suits or proceedings that may be brought

Rajkot Municipal Corporation

against owner arising under, 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 form and all forms which may be required in respect of Contractor's or sub-

Contractor's employees whose aggregate remuneration is Rs.400/- p.m. or less and who are employed in

work provided for or those covered by ESI from time to time under the agreement. The Contractor shall deduct

and secure the agreement of the sub-Contractor to deduct the employee’s 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 Indian Employees State Insurance Accounts, the employee's

contribution as required by the Act. Contractor agrees to maintain all cards and records as required under

the Act in respect of employees and payments and Contractor shall secure the agreements of the sub-

contractors to maintain in such records, any expenses incurred for the contributions, making contributions

or maintaining records shall be to Contractors or sub-contractors’ own 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 employee’s liability insurance: Insurance shall be affected for all

Contractors employees engaged in the performance of this contract. If any part of work is sublet, Contractor

shall require the sub- Contractor to provide workman's compensation and employer's liability insurance,

which may be required by owner.

3. Other Insurance required under law of regulations or by owner Contractor shall also carry and maintain

any and all other insurance which may be required under any law or regulation from time to time. He shall

also carry and maintain any other insurance, which may be required by owner.

GC-90 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 or being 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 of wilful act or omission of Contractor, his employees, agent, representatives or sub-

2. Contractor shall indemnify and keep owner harmless of all claims for damage to properties other than

property arising under by reasons of this agreement, such claims result from the fault and / or negligence or

wilful act or omission of Contractor, his employees, agents representative or sub-contractor.

GC-91 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 actions, claims, demands and liabilities whatsoever under the 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 under any laws, rules or regulations having force of laws, including

but not limited to claims against the owner under the workman compensation Act, 1923, the Employee's

Provident Funds Act, 1952 and / or the contract labour (Abolition and Regulations) Act,

Rajkot Municipal Corporation

2. PAYMENTS OF CLAIMS AND DAMAGE: If owner has to pay any money in respect of such claims or

demands 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,

or any other Act, owner be obliged to pay compensation to workmen employed by Contractor the

amount of compensation so paid, and without prejudice to the rights of owner under Section-(12) Sub-

section-(2) of the said Act, owner shall be at liberty to recover such amount from any surplus due to on to

become due to the Contractor or from the security deposit. Owner will not be bound to contest any claim

made under Section-(12) Sub-section-(2) of the said act except on written request of Contractor and giving

full security for all costs consequent upon the contesting of such claim.

The Contractor shall protect adjoining sites against structural, decorative and other damages that could be

cased to adjoining premises by the execution of these works and make good at his cost, any such damage,

GC-92 IMPLEMENTATION OF APPRENTICE ACT 1954:

Contractor shall comply with the provisions of the apprentice Act 1954 and the orders issued there under

from time to time. If he fails to do so, it will be a breach of contract.

GC-93 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 provide sanitary arrangements of all labour directly

or indirectly employed on the work of this contract.

GC-94 SAFETY CODE:

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

conditions and shall comply with owner's rules as set forth herein.

1.0 First Aid and Industrial Injuries:

1.1 Contractor shall maintain First-Aid facilities for its employees and those of his sub-contractors.

1.2 Contractor shall make outside arrangements for ambulance service and for the treatment of industrial

injuries. Name of those providing these services shall be furnished to Engineer-In-Charge prior to start of

construction, and their telephone numbers shall be prominently posted in Contractor's field office.

1.3 All injuries shall be reported promptly to Engineer-In-Charge and a copy of Contractor's report covering

each personal injury requiring the attention of a physician shall be furnished to owner.

2.0 General Rules:

2.1 Carrying and striking, matches, lighters inside the project area and smoking within the job site is strictly

prohibited. Violators of smoking rules shall be discharged immediately. Within the operation area, no 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-Contractor s / employees in this regard.

Rajkot Municipal Corporation

3.0 Contractor's Barricades:

3.1 Contractor shall erect and maintain barricades without any extra cost, required in connection with his

operation to guard or protect during the entire phase of the operation of this contract for Excavation Hoisting

areas adjudged hazardous by Contractor's OR Owner's inspectors. Owner's existing property liable to be

damaged by Contractor's operations, in the opinion of Engineer-In-Charge / Site Engineer.

3.2 Contractor's employees and those of his sub-contractors shall become acquainted with owner's

barricading practices and shall respect the provisions thereof.

3.3 Barricades and hazardous areas adjacent to but not located in normal routes of travel shall be marked

by red lantern at night.

4.0 Scaffolding:

4.1 Suitable scaffolding shall be provided for workman for all works that cannot safely be done from ladders.

When a ladder is used, an extra mazdoor shall be engaged for holding the ladder and if the ladder is used for

carrying materials as well suitable footholds and handholds shall be provided on the ladder and the same

shall be given an inclination not steeper that 1 in 4 (1 horizontal and 4 vertical).

4.2 Scaffolding or staging, 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 or 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 scaffolding or staging shall be so fastened as to prevent it from swaying from the

building or structure.

4.3 Working platforms, gangways, and stairways should be so constructed that they should not sag unduly

or inadequately and if the height of the platform or the gangway of the stairway is more than 3.6 (12') above

ground level or floor level, they should be closely boarded, should have adequate width and should be suitably

fastened as described in 4.2 above.

4.4 Every opening in the floor of a building or in a working platform be provided with suitable means to

prevent the failure of persons or materials by providing suitable fencing or railing whose minimum height

shall be 1.0 M (3'.0").

4.5 Safe means of access shall be provided to all working platforms and other working places. Every ladder

shall be securely fixed. No portable single ladder shall be over 9.0 M. (30') in length while the width between

the side rails in rung ladder shall in no case be less than 30 cms (12 inches) for ladder up to and including

3.0 M. (10'), in longer ladders this width would be increased at least 6 mm (1/4") for each addition 30 c.m.

(1.0) of length. Uniform step spacing shall not exceed 30 cms. (12"). Adequate precaution shall be taken to

prevent danger from electrical equipment. No materials on any of the side of work shall be so stacked or

placed as to cause danger or inconvenience to any person or public. The Contractor shall also provide all

necessary all necessary fencing and lights to protect the workers and staff from accidents, and shall be

bound to bear the expenses of defence of every suit action or other proceedings at law that may be brought

by any persons for injury sustained owning to neglect of the above precautions and to pay damages and

costs which may be awarded in any such suit or action or proceedings to any such person, or which, may be

with the consent of the Contractor be paid to compromise any claim by any such person.