Soil Investigation for various work at Various places in Junagadh, Porbandar, Girsomnath, Amreli, Bhavnagar & Boatd District.

Schedule A for completion of designated parts or percentages

of work and rates of Liquidated damages to be paid for delay

Schedule B showing items and rates of works to be executed

No defect and satisfactory maintenance certificate

Section- 5 Contract Agreement 62-63

Section- 6 Annexures

Annexure- Works completed by the tenderer

Annexure- 2 Declaration Regarding Works on hand with tenderer

Annexure- Plants and Equipment's available for use on this work

Annexure- Plants to be procured

Annexure- Details of key Technical Supervisory and Administrative Personnel

Annexure- 6 Indenture for Secured Advances

Annexure- 7 Information of Partners

Section -7 Specifications

Section- 8 Drawings

Gujarat State Police Housing Corporation Limited

PERCENTAGE RATE TENDER AND CONTRACT FOR CONSTRUCTION AND I OR ELECTRICAL WORK

Last date & time of online submission of tender _

Last date of physical submission (by registered post AD I Speed Post or by Hand Delivery) of tender

fee, EMD & Notarised undertaking in physical form.

Date Time 17:00 hrs.

Date & time of online Opening of Tender Date Time _

MEMORANDUM OF WORKS IN BRIEF

(1) Name of the Work

(3) Earnest Money:

(4) Validity period of tender offered :(A)-90 days for Estimated cost up to 10.00 lacs from the last date of

online submission of tender.(B)-120 days for Estimated cost above 10.00 lacs from the last date of

online submission of tender

(5) A Security Deposit: In case of works having estimated cost above Rs.10.00 lacs

(i) FDRs/Bank Guarantee of any of the Rs.5%of Contract value

specified banks only (see clauseNo.2

Of section-3fordetails)

(ii) To be deducted from current bills Rs. 5% of Contract Value

Total Rs.10%of Contract value

(5) B Security Deposit : In case of works having estimated cost up to Rs.10.00 lacs

(i) FDRs/Bank Guarantee of any of the Rs.2.5% of Contract value

Specified banks only (See Clause No.2

of section-3 for details

(ii) To be deducted from current bills Rs.2.5% of Contract value

Total Rs.5 %m Contract value

(5) C Security Deposit

(i) In Case of tenders for Annual Rate Contract {A.R.C), total10% security deposit of the contract value

(ii) Out of which, first 5% of the contract value will be payable in the form of FOR/Bank Guarantee of

any of the specified banks only (See Clause No.2 of Section 3 for details)

(iii) Balance 5% deposit of the contract price will be deducted @ 20% from each of the first 5 bills.

(6) Time allowed for completion of the work

from the date of written order to commence ................................................. Months

(7) Other details

(i) Mode of quoting rates in Schedule of In figures as well as in words.

items to be carried out.

MEMORANDUM OF WORKS IN BRIEF

1. Name of Work

3. Earnest Money

4. Validity period of tender offered :{A)-90 days for Estimated cost up to 10.00 lacs from

the last date of online submission of tender.(B)-120 days for Estimated cost above

lacs from the last date of online submission of tender

5. Security Deposit Total at Five/Ten percent of the Contract value

Total security deposit shall be 5% (Five percent)/10% (Ten percent) of contract price of

which half (50%) shall be payable in the form of FOR/Bank Guarantee of any of the specified

Banks only (see clause No.2 of sec.3 for details) in favour of Gujarat State Police Housing

Corporation Ltd. and balance amount of Security Deposit (50%) shall be recovered from

current running bills @ 10% {Ten percent) of the value of each bill and in case of ARC

works, 20% (Twenty percent) from each of the first five bills. No interest shall be payable

by the Corporation on Security Deposit lying with the Corporation I deducted by the

Corporation from RA bill. FOR/Bank Guarantee of a specified Bank must be more than

(six) months standing of expiry of stipulated date of completion of the work.

6.Time for completion of work from the

date of written order to commence ..................................................................... months.

7.Name of Office to which

Tender fee, EMD & notarized

undertaking to be sent Office of the Tender Inviting Authority

in physical form by registered

post AD or Speed Post or by

Hand Delivery :

Gujarat State Police Housing Corporation Limited

Contract for works

INFORMATION & INSTRUCTIONS FOR TENDERERS:

1.1 Competency of Tenderer:

1.2 No contract will be awarded except to responsible bidders capable of performing

the class of work completed. Before the award of the contract, any bidder may be required to

show that he has the necessary facilities, experience, ability and financial resources to

perform the work in satisfactory manner within the time stipulated. Tenderer may be required

to furnish the Corporation with the statements as to their experience, registration certificate

under Gujarat Sales Tax Act. and their financial status. Tenderer shall be a registered contractor

in appropriate class of the Roads & Buildings Department, Government of Gujarat and shall

also have registration certificate under Gujarat Sales Tax Act.

1.3 The tender fee (in the form of demand draft I banker's cheque favouring the

Corporation, payable at place of tender inviting authority or cash receipt) & Earnest Money

Deposit in physical form shall be received only under "Registered Post A.D. or Speed Post"

or by Hand Delivery.

2.0 Tenderer to inform Himself :

Tenderer will be deemed to have inspected the site and to have satisfied himself as to

the nature of all works, all existing roads, water-way and other means of communications and

access to and from the site of the work and the building that may be required for temporary

purpose in connection with the construction, completion and maintenance of the works and

must make his own inquiries as to work, yard sites and depot, and dumps as to acquisition

of such additional sites rates and areas as may be necessary for temporary purpose for

constructing, completing and maintaining the works and availability of water for construction

activities, power, quarries and labour.

3.1 Late I Delayed physical receipt of tender fee, EMD & notarized

3.2 After online submission of tender, tender fee, EMD & notarized undertaking should

reach the Corporation within time and last date stipulated for the purpose in any of the modes

of physical submission. In case, the same is not received within the time and stipulated last

date of receipt, their tender will not be opened online and will be considered as NON­

4.0 Adequacy of Rates:- The tenderer must understand clearly that the rates quoted

are for completed works and include all costs due to materials labour, scaffolding plant,

supervision, service work, power, royalties and octroietc., and to include all extras to cover

the cost of night work if and when required and no claim for additional payment beyond the

price/rates quoted will be entertained and the tenderers will not be entitled subsequently to

make any claim on the ground of misrepresentation or on the ground that he was supplied with

misleading information by any person (whether the member is the employee of the

Corporation or not).Any failure on his part to obtain all necessary information for the purpose

of making his tender and filling the several prices and rates therein shall not relieve him from

any risks or liabilities arising out of or consequent upon the submission of the tender.

5.0 Tender Forms : Every 'blank' in the form of the e-tender and in the schedule and

Annexures must be filled up by the tenderer and must be submitted online.

6.0 Quoting of Rates :-

The tenderer shall work out the total amount of his offer after adding or deducting the

The tenderer shall work out the total amount of his offer after adding or deducting the

percentage from the total cost as shown at the end of Memorandum showing items and rates

of work to be carried out.

Contractor's percentage whether applied to net or gross amount of the bill :

Percentage referred to above tender shall be deducted from I added to the gross amount of

the bill before deducting the value of any stock issued, while preparing the running and Final

7.1 Earnest Money:-

7.2 Earnest money at 1%I2% of the estimated cost of the work shall be submitted in the

physical form along with other supporting document of the tender within the time and

date stipulated & in the mode prescribed for the purpose. This Earnest money shall be

in favour of the Gujarat State Police Housing Corporation Ltd. and shall be in the form

(A) Cash receiptofG.S.P.H.C. Ltd.

(B) Fixed Deposit Receipt of Banks (See clause no.2 of section-3 for details) drawn in

favour of the Gujarat State Police HousingCorporation Ltd.

(C) Copy of the valid Earnest Money Deposit exemption certificate duly issued by the

Corporation under EMD exemption scheme of the Corporation.

7.2 The Earnest money submitted in the form (B) above shall need minimum validity of

one hundred and eighty (180) days from the last date of online submission of tender. If

the tenderer modifies or withdraws his tender, the Earnest Money (in case of EMD

exemption certificate, proportionate amount equivalent to EMD of a particular tender)

shall be forfeited and the tenderer may be disqualified from tendering for future work

under the Corporation.

7.3 The Earnest Money will be returned to the unsuccessful tenderers. The Earnest Money

will be returned to the successful tenderer after he furnishes security deposit and duly

enters into the contract.

7.4 Within fifteen days or within such time as may be decided by the Corporation from the

date of receipt of the letter accepting his tender, the successful tenderer shall furnish

the required security deposit and attend the office of the Corporation for execution of

the contract documents. If he fails to furnish the security deposit or execute the contract

document, his Earnest Money (in case of EMD exemption scheme, equivalent amount

therefrom) shall be forfeited and the tenderer may be disqualified from tendering for

further works under the Corporation.

7.5 Tenders not accompanied by Earnest Money shall be rejected outright as NON

RESPONSIVE. The act of the tenderer to submit documents in physical form without

Earnest Money shall be construed as "Misconduct" and would disqualify him for future

tendering for the Corporation works.

8.0 Accompaniments of Tender : (To be submitted in electronic format through

online (by scanning) up to last date of online submission of tender.)

Bidders are require to take note for submission of documents as below.

"A" -Mandatory pocuments (Jo be submjtted online)

For Preliminary stage - Mandatory documents to be submitted in electronic form .

i.e. by scanning along with submission of tender online.

(i) Copy of last I.T return filed, partnership deed or memorandum as well as Articles of

Association, in case of the company or copy of registration under co-operative society

All copies submitted shall be duly attested.

(ii) A certificate of Registration as approved contractor of prescribed category along with

validity period from authorities stipulated in notice inviting tenders.

(iii) Copy of Provident fund Registration along with code number.

{iv) A solvency certificate of an amount equal to 25 Percent of the amount of work put to

tender (having minimum validity on the date of online submission of tender) will have

to be produced. Such solvency certificate should be issued by the banks as per

clause2 (a) of section

(v) Tender fees - Pay order I Demand Draft Cash Receipt of the Corporation.(Non

(vi) Earnest Money Deposit inthe form of cash receipt of G.S.P.H.C. LTD. or Fixed Deposit

Receipt of Banks (See clause no.2 of section-3 for details) OR EMD exemption

certificate issued byG.S.P.H.C. LTD. Only.

(vii) Mandatory documents as per prequalification criteria/special tender conditions if

applicable copies of certificate regarding previous experience as required .

• Experience certificate in Form 3A issued by Government to substantiate successful

experience of similar work (i.e. Single similar Work). When Employer of similar work

is not a Government, following need also to be fumished (minimum for one such

a. Self Attested copy of work order/ Agreement

b. Self Attested copy of completion certificate

c. Self Attested copy of TDS certificates.

(viii) Goods & Service Tax Registration Copy (GST)

(ix) Income tax pan card copy.

Part B- C1lOther Documents :In addition to submission of documents in electronic form {by

scanning ),submit following mandatory documents inphvsical form within stipulated date mention

in NIT atofficeofthetenderinviting authority.

(i) Tender Fee (Non Refundable)

(ii) Earnest Money Deposit

(iii) Notarized undertaking on Rs.100 Stamp Paper as per attached Format.

part B- <2> Other pocuments:

(i) Duly filled in and signed declaration form as provided after as last item of section 1 &

memorandum duly filled in & signed as given in section-

{ii) Copies of certificate regarding previous experience as required.

(iii) Declaration showing all works completed during preceding 5 year and works on hand

with the contractor and the value of works that remained to be executed in each case

(Annexure 1& 2)

Note : Non submission of any of the above mandatory documents in prescribed form and

mode in partA& part B {1) will make the bidders non responsive at preliminary stage

only and nofurther tender evaluation process will be initiated in such bids.

For Tender Amount More than Rs. 7 Crore and For Special Work

Tender (Two Cover Bid.) Also For Separate Electrical Works Tender

more than Rs. 50.00 Lacs.

In addition to Part A and Part B Documents Following mandatory documents to be

submitted online for pre-qualification criteria. (Technical Bid}

PART - C Fortechnical Stage - Mandatory Documents dulyself attested to be submitted

inelectronic from .i.e. by scanning along with submission of tender online.

1.) Annual Turnover Certificate issued by Chartered Accountant for last five financial year i.e.

2.} Experience certificate in Form 3A issued by Government to substantiate successful experience

ofsimilarwork(i.e. Single similarWork}. When Employerofsimilarworkis nota Government

following need also to be furnished (minimum for one such work} (Schedule H)

a. Self Attested copy of work order/Agreement

b. Self Attested copy of completion certificate

c. Self Attested copy ofTDS certificates.

Note :Details of similar works completed needs to be shown clearly in Schedule - H Form

online and only such work will be considered for evaluation. Form3A scanned copy of

the same to be uploaded, (as shown in Schedule H) others separately attached

documents for single similar works will not be considered.

3.} Bid Capacity(please refer as per PQ criteria no15 (ii) C)

3a.Works on hand with the contractor and the value ofworks that remained to be executed

in each case as per tender documents (Schedule- E)

3b. Structure and Organization details (Schedule-A}

3c. Financial Statement (Schedule-B)

3d. Personal Details (Schedule-C)

3e. Plant and Machinery Details (Schedule-D)

3f. Details of Litigation (Schedule-F)

3g.Additional Information (Schedule-G)

3h. Consent letter of Bidderfor plant, Machinery and personnel (Schedule-!)

Note :Relevant documents of all schedules to be submitted at concern schedule stage.

Documents stated in Part- B (1)- Other documents are required to be submitted within

7 days of the last date of online submission of tender in physical form. Non submission

of any ofthe mandatory documents stated in PartA above, along with online submission

of tender and Part B (1) within stipulated time period will make the tender "NON­

RESPONSIVE" and E.M.D. will be refunded to the tenderer. No additional/ missing

documents can be submitted from later on Part A and Part C above which is

mandatory requirement of documents .

Inaddition to above, Corporation may call for any clarification regarding the submitted

documents and the same shall have to be complied within four working days after

intimation/instruction given bythe Corporation. Incase the tenderer fails to clarify within

stipulated time limit as stated above, the Corporation shall consider the tender as "NON­

RESPONSIVE" and EMD will be refunded. No extension of time will be given

in any case, as stated hereinabove. It may be noted that contractor shall be

allowed to submit only the clarification/documents for which clarification is called for. In

case of repeated such cases by the single agency is noticed, the Corporation reserves

the right to "BLACKLIST" the agency for further period as deemed appropriate and the

decision ofthe Managing Director inthis regard shall befinal and binding to the agency.

(A) In case if bidder is limited company than they shall submit Memorandum &Articles of

Association prior to execute the agreement.

(B) For Electrical Item :-Inthe composited tender, electrical work having total estimated

amount more than Rs.50.00 Lacs, the agency will the lowest bid will have to submit the copy of

MOU of the electrical agency bywhom the work isto be done, having R& B(Electrical) Registration

of appropriate class, Electrical Contracto s License & experience certificate as per the Performa

(Annexure-X and Annexure-Y) enclosed in the tender. Prior to execute the agreement. Failing

which it will be considered as misconduct and the EMD will be forfeited and agency will be black

listed for the future tendering.

The tender is subject to be disqualified, if the tenderer is found to have misled or furnished false

information on the forms I statements I certificates submitted in proof of qualification requirements

or record of performance such as abandoning execution of the works, litigation history and or

financial failures and or suppression of material facts and information.

The Corporation shall not hold any risk and responsibility for any problem(s) encountered bythe

Tenderers while submitting his bids online.

The bidder is requested to download the tender documents and read all the terms and condition

mentioned in the NIT and Tender documents before submitting online tender and physical

documents as mentioned above (PartA, B & C) and seek clarification, if any from the authorized

officers as mentioned inthe NIT well within the last date and time of submission of online tender

or physical documents as the case may be.

The bidder has to keep track of changes by viewing the addendum/ Corrigendum issued by the

Tender InvitingAuthority from time to time basis in theE-Procurement platform. The department

calling for tenders shall not be responsible for any claims/ problems arising out of this.

All other relevant conditions are incorporated on the tender document.

The user should complete all the processes and steps required for bid submission. The successful

bid submission can be ascertained once acknowledgement is given by the system through bid

submission number after completing the process and steps. Users may also note that the

incomplete bids will not be saved by the system and are not available for the Tender inviting

Authority for processing.

The bidder shall authenticate the bid with his digital certificate for submitting the bid electronically

on a-Procurement platform and the bids not authenticated by digital certificate of the bidder will

not be accepted on the a-Procurement platform.

9.0 Tender liable to be invalid :

It may please be noted that the tender is liable to be considered invalid

especially, if the requirements [(i) to (ix)] listed in above clause no.8 are not complied

10.0 Right of rejection of tenders.

(i) Right is reserved by the Tender InvitingAuthority to reject any or all tender(s) without

assigning any reason thereof.

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

(a) The tenderer proposes any alteration in the work specified or in the time allowed

for carrying out the work or in any condition.

(b) The tenderer i.e. in case of a proprietorship firm, the proprietor, in case of

partnership firm, the partner or in case of aimited company, the Drector or a person duly

authorized by the board of Directors does not sign Section 2 or his signature is/are not

attested by a witness.

(c) Any person who submits a tender shall fill forms online including the percentage

and rates of items put to tender. No single tender shall include more than one work but

contractors who wish to tender for two or more works shall submit a separate tender for each

11.1 Method of Tendering :

11.2 If the tender is made by an individual, it shall be signed by the individual above

his full name and current address.

11.3 If the tender is made by a proprietary firm, it shall be signed by the proprietor

above his full name and the full name of his firm with its current address.

11.4 If the tender is made by a firm of partnership, it shall be signed by a partner of the

firm holding the power of attorney and digital certificate for the firm. A certified copy of the

power of attorney shall be provided in physical form along with other documents. A certified

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

the current addresses of all the partners of the firm shall also be provided along with other

11.5 If the tender is made by a limited company or a limited corporation, it shall be

signed by a duly authorized person holding digital certificate for the company /corporation

and power attorney for signing the tender in which case a certified copy of the power of

attorney shall be provided separately in physical form along with other documents. Such

limited Company or Corporation may be required to furnish satisfactory evidence of its

existence before the contract is awarded.

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

occupations and addresses shall be stated below their signatures.

11.7 All signatures in the tender document shall be dated.

12.1 Eligibility and qualification requirement.

To establish acceptability of the offer to the satisfaction of Tender InvitingAuthority the

tenderer shall provide either in a physical fonn the following:

12.2 Details of plant and machinery immediate! y available with tenderer for use on the

works in the proforma prescribed inAnnexure-3.

12.3 Details of plant and machinery proposed to be procured for the works in the

profonna prescribed inAnnexure-4.

12.4 Details of technical, supervisory and administrative personnel already employed

by the tenderer that he proposes to utilize for this work and such other personnel he proposes

to employ further for this work in the profonna inAnnexure-5.

12.5 Separate notes in sufficient details on each of the following :

(i) Method and technique of construction

(ii) Sequence of various important components of the work;

(iii) Cash-flow arrangement

13.0 Deviation or modifications in Tender Documents:

13.1 All tenderers are cautioned that tender containing any condition and/or deviation

from the contractual terms and conditions, specifications, quoting I offering rates/prices in

different manner than specified in the tender and/or any other requirements of tender shall

make the tender liable for outright rejection and shall be considered as non-responsive for all

practical purposes. The decision of the corporation in this regard shall be final and binding to

13.2 Alternative tenders are not acceptable.

14.1 Submission of tender

14.2 Tender shall be submitted in an online manner only on website http://

gsphc.nprocure.com

Last date & time of online submission

14.3 Tender fee, EMD & Notarized undertaking in physical form should be submitted

on or before {date) 17:00 hrs. (time) to the Office of the Tender InvitingAuthority.

15.1 Evaluation of tenders

15.2 Technical evaluation will be made of the tenderer's proposed method and

technique of construction, construction program, sequence of components of the work,

proposed resources assigned to do the work to determine the acceptability, adequacy and

reasonability of rates, his past performance and present resourcefulness.

15.3 To assist in the examination, evaluation and comparison of tender, the tender

inviting authority may ask tenderer individually for clarification of their tenders including

breakdown of unit rates. The request for clarification and response shall be in writing but no

change in substance of the tender shall be sought, offered or permitted at that stage.

15.4 Award is to be made to the tenderer whose responsive tender is determined to

be the lowest evaluated tender and who meets the appropriate standards of capacity and

financial resources.

16. Receipt of Payments :

Receipt of payment made on account of any work, when executed by a firm shall be

signed by all the partners except where the contractors are described in their tender as firm

in which case the receipt shall be signed in the name of the firm by one of the partners or by

some other person having authority to give effectual receipts for the firm.

17.1 Opening of tenders :

17.2 The Authorised Officer I competent authority shall open tender online on website

: https://gsphc.nprocure.com on at hrs. or any other suitable time

thereafter, in his office in the presence of intending Tenderers or their representative who

wish to remain present at that time. He will enter the amount of the tenders in a comparative

statement in a suitable form. In the event of a tender being accepted, the contractor shall,

thereupon for the purpose of identification, sign copies of the specifications and other

documents mentioned in his tender.

18.1 General rules and directions :

18.2 No receipt for any payment made by a Contractor will be entertained by the

Corporation in regard to any matter relating to this tender or the contract shall be valid and

binding on the Employer unless it issigned by the Authorised staff members of the Corporation.

18.3 All works shall be measured net by standard measure and according to the rules

and customs of the Corporation or any other method approved by the Corporation without

reference to any local custom. The measurements of work will be taken according to the

usual method in use in the Roads & Buildings Department and no proposal to adopt

alternative method will be accepted. The Executive Engineer decision as to what is the usual

method in use in the Corporation/Roads & Building department will be final.

18.4 Under no circumstance shall any Contractor be entitled to claim enhanced rate

for any item in this contract except as provided in contract conditions.

18.5 No payment in foreign exchange will be made under this contract.

18.6 The contractor shall not be permitted to tender for the work in which his near

relative is working as the officer in the sphere of his jurisdiction in the Corporation.

Note : By term "near relative" is meant wife, husband, parents, children, brothers,

sisters uncles, aunts, cousins, and in-laws.

18.6 The contractor should compulsorily furnish his latest address(es) including

the latest address of his partners and the place(s) of filing his/their income-tax returns along

with the tender (in the Annexure form 7) Any changes, in such addresses, during the

tenure of contract should invariably and forthwith be intimated by the Contractor to the

Executive Engineer.

19.0 Submission of irformation I documents:

In addition to various specified documentsand information required to be submitted

along with tender, the bidder may be required to provide any other document I relevant

information as considered necessary by the tender inviting authority and the tenderer shall

be required to provide the same as per the requirement of the tender inviting authority. Even

the successful bidder may be required to provide the same as and when required by the

authority during subsistence of the contract.

20.0 Tender validity period :

The tender for the work shall remain open for a period of 90/120 days (90 days

for estimated cost below Rs. 10.00 Lacs & 120 days for estimated cost above 10.00 lacs.)

counted from the stipulated last date of receiving of the tenders online for this work. The

tenderer shall not be allowed to withdraw or make any modifications or additions in the terms

and conditions of his tender not acceptable to the Corporation after stipulated last date and

time of online submission of tender. In such cases, the Corporation shall without prejudice to

any right or remedy be at liberty to forfeit in full the earnest money absolutely. However, the

tenderer is at liberty to modify his offer, but the same should be submitted online before the

last date & time of online submission of tender.

21.0 Agreement of Stamp

Successful tenderer i.e. in case of a proprietorship firm, the proprietor, in case of

partnership firm, the partner or in case of a limited Company, the Director or a person duly

authorized by the Board of Directors will have to execute the agreement on a stamp paper of

the value as required under Indian Stamp act.

22.0 Declarations :

The tenderer will have to make declaration enlisted in the form attached herewith and

shall affix his signature to the form in token of correctness of declarations made therein.

DECLARATION FORM

(i) lf\Ne hereby declare that 1/we have visited the site and fully acquainted myself/

ourselves with the local situations regarding materials, labour and other factors pertaining to

the work before submitting this tender.

(ii) lf\Ne hereby declare that lf\Ne have carefully studied the conditions of contract,

specifications and other documents of this work and agree for executing the same accordingly.

(iii) lf\Ne hereby declare that my/our near relatives or in-laws are not working as an

officer in the sphere of jurisdiction for supervision of the work in the Gujarat State Police

Housing Corporation Ltd.

(Signature of the Contractor with Seal)

TENDER FOR WORKS AND MEMORANDUM

1/We hereby tender for the execution of the work specified in the underwritten memorandum

for the Gujarat State Police Housing Corporation Limited (hereinbefore and hereinafter

referred to as the Corporation) at the tendered rates specified by me/us in Schedule showing

items and rates of works to be carried out and in accordance in all respects with the

specifications, designs, drawings, and instructions in writing referred to in this tender and in

clauses of the annexed conditions.

Name of Project :

(b) Estimated Cost: Rs. _

(c) Earnest Money: At the rate of one /two percent of estimated cost Rs. _

(1.00% for estimate cost above Rs.10.00 lacs, & 2.00% for estimated cost up to Rs.10.00

(d) (1) Security Deposit:Ten percent of contract Price Rs. _

(For estimate cost above Rs.10.00 lacs.) See Clause 2 of section -3 for details

(A) Five percent in the form of FDR!Bank Guarantee of specified Banks only & having more than

6 monthsstanding of expiry of stipulated date of completion of work. Incase oftime

limitextended bank guarantee isto be renewed and submitted accordingly.

(B) Balance five percentto bedeductedfrom current bills@ 10% of total amount of the bill.

(B) Balance five percentto bedeductedfrom current bills@ 10% of total amount of the bill.

(C) Total Security Deposit: Ten percent of the contract price.

(d) (2) Security Deposit: Five percent of contract Price Rs. _

(For estimate cost up to Rs.10.00 lacs.) See Clause 2 of section -3 for details

{A) Two and half percent in the form of FDR I Bank Guarantee of specified Banks only &

having more than 6 months standing of expiry of stipulated date of completion of work. Incase

oftime limitextended bank guarantee isto be renewed and submitted accordingly.

(B) Balance two and half percent to be deducted from current bills @ 10% of total amount of the

(B) Balance two and half percent to be deducted from current bills @ 10% of total amount of the

(C) Total Security Deposit: five percent ofthe contract price

(d) (3) Security Deposit :

A. In Case of tenders for Annual Rate Contract (A.R.C), total 10% security deposit of the

contract value is payable.

B. Out of which, first 5% of the contract value will be payable in the form of FDR/Bank

Guarantee, of specified banks only(See clause no.2 of section-3 for details)

C. Balance 5% deposit of the contract price will be deducted @ 20% from each of the first

(e) Time allowed for the completion of work from the date of written order to commence

Should this tender beaccepted, 1/We hereby agree to abide byandfutfill allthe terms and conditions of

contract annexed hereto so far as applicable and in case of default, the Corporation shall have all

rights for forfeiture of security deposit bythe Corporation as perterms and conditions of contract.

(1) Cashreceipt/FDRreceiptNo.* ,dated forRs. _

(2) EMD EXEMPTION CERTIFICATE ISSUED BYCORPORATION BEARING NO. _

DATED OF RS. VALID UPTO ,is forwarded

herewith representing the EARNEST MONEY, the value of which is to be absolutely forfeited by the

Corporation, should 1/We do not deposit the full amount of security deposit as specified in the above

memorandum in accordance with Clause 2 of section - 3. On payment I deposit of required security

deposit in conformity with the contract condition, the said EMD(as per (1) above) shall be refunded..

**Signature of the contractor

(Witness)***-----------

Nameandaddress _

*Cash Receipt/FOR signed bythe authorized person ofthe Corporation.

**Signature of contractor before submission of tender

***Signature of witness to Contractor'a;ignature

The above tender is hereby accepted by me on behalf of the Corporation

datedthe dayof 200 _

Superintending Engineer

G.S.P.H.C. Ltd.

TERMS & CONDITIONS OF CONTRACT

Clause - 1.0 Definitions and Interpretation.

1.1 In the contract (as hereinafter defined), the following words and expressions will

have the meanings hereby assigned to them.

(a) Approved/Approval means approved in writing.

{b) Construction plant means all equipment's, appliances or things of whatsoever

nature required for the execution, completion or maintenance of the works or temporary

works but does not include materials or other things intended to form or forming part of the

permanent work.

(c) Contract means the instruction and general rules and direction for tenderers, terms

and conditions of contract, specification, drawings, tender (including the schedules of

quantities and tender prices), the formal agreement and all addenda and attachments related

(d) Contractor means the particular person, firm or the Company with whom the contract

has been made for executing the works.

(e) Contract value means the total tender amount indicated in the letter of acceptance

(f) Corporation means the Gujarat State Police Housing Corporation Ltd.

(g) Drawings means the drawings referred to in the specifications, any modification of

such drawings approved in writing and such other drawings as may from time to time be

furnished or approved in writing by the Executive Engineer.

(h) Employer/Owner means The Gujarat State Police Housing Corporation Limited.

(i) Engineer-in-charge means the Project Manager/Executive Engineer/Senior Officer

of the G.S.P.H.C. LTD concerned with the works or specified parts of the works under the

contract or such other assistants or subordinates to whom the Executive Engineer may have

delegated certain duties, acting separately within the scope of the particular duties entrusted

0) Superintending Engineer I Officer of the Corporation in overall charge of the work.

{k) Tendered Amount means the total tender amount indicated in the letter of acceptance

(I) ISS means Indian Standard Specifications.

(m) Day means a day from midnight to midnight.

(n) Month means from the beginning of a given date of a calendar month to the end of

the preceding date of the next calendar month.

(o) Week means seven consecutive days.

(p) Site means the lands and other places on, under in or through which, the works are

to be executed or carried out and any other lands or places provided by the owner for the

purpose of the contract together with such other places as may be specifically designated in

the contract or subsequently approved as forming part of site.

(q) Temporary works means all temporary works of every kind required for the

performance of the contract.

(r) The expression "work" or ''works" where used in these conditions shall, unless,

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

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

whether temporary or permanent and whether original, altered, substituted or additional.

1.2 (a) Singular and Plural.

Where the context so requires, words importing the singular only also include the plural

and vice-versa.

1.2 (b) Headings and Marginal notes to conditions :

Heading and Marginal Notes to these General Conditions shall not be deemed to form

part thereof or be taken into consideration in the interpretation or construction thereof or of

1.2 (c) Wherever the term "specification" is used, apart from a specified standard

specification, it shall mean the specification or plan prepared for a particular work as per the

instructions to the contractor in executing that item of work.

1.3 Errors, Omissions and Discrepancies :

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

requirement occurring in one is as binding as though occurring in all; they are intended to be

mutually explanatory and complementary and to describe and identify a complete work. In

the event of any discrepancy in the several documents forming the contract or in any one

documents, the following order of precedence should apply:

(i) Between the written description of the item in the Schedule of items and rates of

work to be carried out or written dimensions on the drawing and the corresponding one in the

specifications, the later shall apply;

(ii) Between the written description of the item in the Schedule of items and rates of

work to be carried out and the detailed description in the specifications of the same item, the

later shall be adopted.

(iii) Figured dimensions shall superseded sea led dimensions. The drawings on a larger

scale shall take precedence over those on smaller scale; and

(iv) Drawings issued as construction drawings from time to time shall supersede the

corresponding drawings previously issued.

In the case of defective description or ambiguity, the Executive Engineer is entitled to

issue further instructions directing in what manner the work is to be carried out. The contractor

cannot take any advantage of any apparent error or omission in drawings or specifications

and the Executive Engineer shall be entitled to make corrections and interpretations as

necessary to fulfil the plans and specifications.

Clause 2.0 SecucitvDeposit (Submission & refund)

(A) Submission of$ecuritvDeposit

The person/persons whose tender is accepted (hereinafter called the "Contractor' which expression shall,

unless excluded by, or repugnant to the context include his Legal heirs, executors, administrators and

assignees) shall deposit within a period of fifteen days from the date of receipt of letter of acceptance of his

tender, 50% (fifty percent) of the total security deposit in the form of FDR IBank Guarantee in favour of

Gujarat State Police Housing Corporation Ltd., Gandhinagar & FDRI Bank Guarantee must be of more than6

months standing of stipulated date of oompletion. The FDR IBank Guarantee to be deposited in favor of

Gujarat State Police Housing Corporation Ltd., Gandhinagar referred to above towards the security deposit

MUST be of ANY of the Banks mentioned below.

ICICI Bank Indian Bank

lOBI Bank Indian Overseas Bank

Bank Of Baroda State Bank Of India

Bank Of India Punjab & Sind Bank

Bank Of Maharashtra Punjab National Bank

Canara Bank HDFC Bank

Central Bank Of India UCO Bank

AXIS Bank Union Bank Of India

And also of the banks as notified by Finance department of government of gujarat from time

The Corporation shall be deemed to have been authorized to deduct the balance Fifty

percent of the security deposit as specified in the tender form from the amounts that become

payable to the contractor for the work done under the contract from time to time. Such deduction

shall be made@ ten percentage (10%) of the amount payable under R.A./ Final bill.

The Contracting agency at its discretion, at any time may submit FOR favouring Corporation (any

of the above mentioned banks) of the amount equivalent to security deposit so deducted and in

such case, amount deducted from R.A I Final Bill will be refunded. Such FOR /bank

guarantee/deducted from R.A bills shall be held by Gujarat State Police Housing Corporation Ltd.

Gandhinagar as security deposit.

The term of FOR submitted by the contracting agency should be up to the period of the Defect

Liability Period as per tender condition of the contract for which the FOR is being submitted.

If at any time during the contract period, the contracting agency submits FOR equivalent to the

balance amount or part thereof of security deposit liable to be deducted in future, then no security

deposit shall be deducted from the payments made to the agency from R.A/Final bill thereafter

The Corporation may, however, at its discretion deny the acceptance of FDR in lieu of security

deposit deducted from R.A/Final Bill. The decision of the Corporation in this regard shall be final

and binding upon the contracting agency.

All compensation, liquidated damages or other sums or money payable by the contractor to

Corporation under the terms of this contract shall be deducted from or recouped by the realization

of a sufficient part of his security deposit, or from the interest arising there from or from any sums

which may due or may become due by Corporation to the Contractor on any account whatsoever

in respect of this contract, or any other contract, or otherwise. In the event of his security deposit

being reduced by reason of any such deduction or recoupment as aforesaid, the contractor shall

within fifteen days thereafter, make good in cash as aforesaid any sum or sums required to make

good the shortfall in the amount of the security deposit. If the full amount of the security deposit

to be paid in cash within the period specified above, is not paid, the tender I contract already

accepted shall be considered as cancelled and available security deposit shall be forfeited and

the tenderer I contractor may be debarred from tendering for future works

If on preparation of final bill, it is noticed that final cost of work varies i.e. (by way of excess or

savings) in relation to contract price, the amount of security deposit will be adjusted with reference

to the final cost of the work at the time of payment of final bill.

B1. Refund ofSecyrjtv peposjt

From total 10 % of security deposit, First 50 % of security deposit (deposited in the form of FDR I

Bank Guarantee received at the time of contract), will be released after one month of final bill

o On submission of satisfactory completion report and recommendation for release of

security deposit from Executive Engineer

o Compliance of all statutory provisions including Clause No. 44.3 by the contracting agency

with regard to GST provisions.

Balance 50% of Security Deposit (Deducted from R.A bill payments) will be released after

completion of Defect Liability period as per Clause No. 26.2 on recommendation and

submission of satisfactory completion certificate No defect and satisfactory maintenance

certificate obtained from the beneficiary by the Executive Engineer in the prescribed form

No.1.(Page No.:-61)

In case of annual Rate Contract, Security deposit of 5% will be released after one month

from the payment of final bill payment of the last work under annual Rate Contract on

submission of satisfactory completion report and recommendation of the release of Security

deposit from the concerned Executive Engineer AND satisfactory compliance provision of all

statutory provision including of GST as per Clause No. 44.3.

Remaining 5% security deposit will be released after completion of defect liability period

(as per Clause No. 26.2) on submission of satisfactory completion reports/No defect and

satisfactory maintenance certificate by Executive Engineer obtained from beneficiary and

satisfactory maintenance in the prescribed format.

It may be clarified here that before release of final and balance security deposit,

Within expiry of the defect liability period and maintenance period, the amount of expenses

if any incurred by the corporation for the concerned project will be deducted from the

aforesaid security deposit available with the corporation under this contract or other

Clause : 3.0 Progress Schedule

(a) The contractor shall furnish within one month (unless extended by the Executive

Engineer) of the order to start the work, the progress schedule in quadruplicate indicating the

date of staring, the monthly progress expected to be achieved and the anticipated completion

date of each major item of work to be done by him, also indicating dates of procurement and

setting up the materials, plants and machinery. The schedule should include a statement of

proposed general and detailed arrangements for caring out works, and of item, order and the

manner in which it is proposed that these shall be executed. The schedule should be framed

keeping requirement of the clause 56 of tender form in view and be such as in practice to

respect in the achievement towards completion of the work in the time limit and of the

particular items on the dates specified in the contract and shall have the approval of the

Executive Engineer. Further, the dates for the progress, as in this schedule shall be adhered

(b) In case it is found necessary, at any stage to alter the schedule, the contractor shall

submit in good time a revised schedule incorporating necessary modification proposed and

get the same approved from the Executive Engineer. No revised schedule shall be operative

without such acceptance in writing. The Executive Engineer is further empowered to ask for

more detailed schedule or schedules, say week by week, for any item or items and the

contractor shall supply the same as and when asked for.

(c) The Executive Engineer shall have, at all times, the right, without in any way vitiating

this contract or forming grounds for any claim, to alter the order of the work or any part there

of and the contractor shall after receiving such direction, proceed in the order directed. The

contractor shall also revise the progress schedules accordingly and submit four copies of the

revised schedule to the Executive Engineer within seven days of the said Engineer's direction

to alter the order of works.

(d) The contractor shall fumish sufficient plant, equipment and labour and shall work for

such hours and shifts as may be necessary to maintain the progress of the work as per

approved progress-schedule. The working and shift hours shall comply with all the Government

regulations in force and shall be such, as may be approved by the Executive Engineer and

the same will not be varied without the prior approval of Executive Engineer.

(e) The contractor shall from time to time, as may be required by the Executive Engineer,

furnish the Executive Engineer with a statement in writing of the arrangements he proposes

to adopt for the execution of this contract and the Executive Engineer may, if he considers

necessary at any time advise alternation in the same, which the contractor shall adopt on

notice thereof.

(f) The progress-schedule(s) shall be in the form of progress chart, forms, statements

and/or reports as may be approved by the Executive Engineer.

The contractor shall submit four copies showing the progress of the work in the form of a

chart etc., at periodical intervals as may be specified by Executive Engineer.

(g) The approval of the progress schedules by the Executive Engineer shall not relieve

the contractor of any of his duties and responsibilities under the contract. The adoption of

any modification in the schedule required by the Executive Engineer shall not entitle the

contractor to any extra payment.

Clause 4.0 Setting out

The contractor shall be responsible for the true and proper setting out of the works

and the correctness of positions, levels, dimensions and alignments of all parts of the work

and for the provisions of all necessary instruments, appliance and labour in connection

therewith. If, at any time, during the progress of the work, any errors appear or arise in the

position, levels, dimensions or alignments of any part of the work, the contractor, on being

required to rectify such errors by the Executive Engineer shall at his own expense do so to

the satisfaction of the Executive Engineer. If however, such error is based on incorrect data

supplied in writing by the Executive Engineer,the expenses of rectifying the same shall be

borne by the Corporation. The checking of and setting out of any line or level by the Executive

Engineer or his representative shall not in any way, relieve the contractor of his responsibilities

for the correctness of the error. The contractor shall carefully protect and prepare all bench­

marks, site-nails, pegs and other things used in setting out of the work(s).

6.1.3 Cement Register :

A register in the prescribed form showing day-to-day receipt, consumption and balance

of cement on site of work will be maintained by the Corporation, which shall invariably be

signed daily by the contractor or his authorized representative in token of its correctness.

Clause 7.0 Testing Materials

(a) All materials before being utilized for works shall be inspected and tested, wherever

necessary, by the Executive Engineer or his representative. The nature and number of testing

will be done, as per frequency and acceptance criteria for building materials used for

construction as shown in "General Technical Specifications for Building" booklet enclosed.

However the Executive Engineer shall have powers to modify frequency of tests. in addition

shall be the day to day and periodical tests to be carried out on materials, mixes and placed

concrete, mortar etc. to be done on site shall be specified by the Executive Engineer from

time to time and the contractor shall provide all facilities towards collections of samples etc.

Over and above testing for other construction materials shall be got tasted prior to execution

of work as decided by Engineer lncharge. Unless otherwise specified, labourers for collecting

samples and the packing of the samples shall be provided free of cost by the contractors.

The materials shall be tested in GERIIaboratory or at any other place/laboratory as directed

by the Executive Engineer and the results given by such authorities shall be considered as

final. It shall then be the contractor's responsibility toprovide material s confirming to the

approved samples to the standards as determined by the laboratory tests.

(b) Consolidated record of results of tests will be maintained in the prescribed Quality

Control Register to be maintained jointly by the contractor and the Executive Engineer on the

(c) Testing charges for quality tests of materials and workmanship will be recovered

from running and final bill of the contractor athe rate of one percent of the value of work

(d) The contractor shall supply all materials required for testing free of cost.

(e) The contractor shall make suitable arrangements to see that one of his

representative remains present at the time of taking samples and shall authenticate the facts,

if so required. Should the contractor fail to keep his representative present at site at the time

of taking samples or fail to provide required labourers and ot her equipments to collect the

samples, it shall be taken by the Executive Engineer and the samples selected shall be

considered as authentic.

The cost incurred by the Executive Engineer when the contractor fails to provide

required men and materials for collecting samples shall be recovered from the contractor.

(f) For cement concrete items, in addition to the cube tests while items are executed,

the quality of concrete set may be tested at any time during Defect Liability period by non­

destructive tests, if any complains received from the concerned Police Officers about the

inferior quality of concrete work, then, and if so desired by the Executive Engineer subject to

review of the decision by Managing Director of the Corporation even after such items are

executed, accepted and paid. Depending upon non-destructive test result, testing charges

for this test will be borne by the contractor only if the result is negative. Further, if the result is

negative i.e. concrete is found sub-standard, the contractor shall remove the concrete and

execute a fresh concrete of the specified standard without extra payment.

8. Workmanship :

8.1 The contractor shall execute the whole and every part of the work in workman-like

manner and both as regard materials and in other respect in strict accordance with

specifications. The contractor shall also confirm exactly, fully and faithfully to the design,

drawings and instructions in writing for the work signed by the Executive Engineer. The design

and the drawings shall be lodged in the office of the Executive Engineer to which the contractor

shall be entitled to have access for the purpose of inspection at such office during office

Where the instructions referred to above are not contained in separate letters addressed

to the contractor the same shall be recorded in the Work Order book, which shall be maintained

and kept on the site of the work. The contractor shall be required to sign such entries in the work­

order book intoken of having noted instructions. However if the contractor fails to sign the work­

Order Bookfor any reasons whatsoever, the entry ofthe instructions in the Work Order Book shall

be deemed to be the due notice to him of the said instruction. The Work Order Book shall be

open for inspection to the contractor on the site of the work during officer hours.

8.2 The contractor will be entitled to receive the certified copy of the accepted tender

along with the work order free of cost and will also be entitled to receive, on request three

sets of contract and working drawings, according to the progress of work, as and when

needed, free of cost.

Clause 9.0 Machinery and Equipment :

The contractor shall give a list of machineries and equipment immediately available

with him for use on the work in Annexure 3 and which they propose to procure for the work in

Clause 10.0 Inspection and Approval :

All works shall be subject to examination and approval by the Executive Engineer at

each stage thereof and the contractor shall give due notice to the Executive Engineer or his

authorized representative when each stage is ready. In default of such notice, the Engineer­

in-charge shall be entitled to appraise the quality and extent thereof in the manner he deems

No work shall be covered up or put out of view without approval of the Executive

Engineer or his authorized representative without giving an opportunity for examination of

foundation before permanent work is placed thereon. The contractor shall give due notice to

the Executive Engineer or his representative without unreasonable delay, unless the Executive

Engineer considers it unnecessary and advises the contractor accordingly, to attend for the

purpose of examining and measuring such work or for examining such foundations. In the

event of the failure of the contractor to give such notice, he shall, if required by the Executive

Engineer uncover such work at the Contractor's expense.

Corporation Officers concerned with the contract and Vigilance Officers shall have

powers at any time to inspect and examine any part of the works and the contractor shall give

such facilities as may be required for such inspection and examination.

Clause 11.0 Duties and Powers of Executive Engineer's Representatives.

The duties of the Representative of the Executive Engineer, are to watch and supervise

the works and to test, examine any materials to be used or workmanship employed in

connection with the works. They shall have no authority to order any work involving any extra

payment by the employer nor to make any variation in the works.

Failure of the representative of the Executive Engineer to disapprove any work or

materials shall not prejudice the power of the Executive Engineer thereafter to disapprove

such work/materials and to order the pulling down, removal or breaking thereof, if the considers

such work sub-standard.

If the contractor shall be dis-satisfied with any decision of the representative of the

Executive Engineer, he shall be entitled to refer the matter to the Executive Engineer who

thereupon confirm, reverse or vary such decision.

Clause 12.0 Removal of Workmen

The contractor shall employ in and about the execution of works only such persons as

are skilled and experienced in their several trades and the Executive Engineer shall be at

liberty to object to and require the contractor to remove from the works any person employed

by the contractor in or about the execution of the works who in the opinion of the Executive

Engineer misconducts himself or is incompetent or negligent in the proper performance of

his duties concerning execution of work and such person shall not be again employed upon

the works without permission of the Executive Engineer.

Clause 13.0 Entering upon or Commencing any portion of work.

The contractor shall not enter upon or commence any portion of work except with the

written authority and instruction of the Executive Engineer or of his representative in charge

of the work. Failing such authority, the contractor shall have no claim to ask for measurement

of or payment for work.

Clause 14.0 Access to site and work on site

The Engineer may, if he considers fit from to time, enter upon any land(s) which may

be in possession of the contractor of this contract for the purpose of executing any work not

included in this contract and may execute such works not included in this contract by agents

or by other contractors, at his option and the contractor shall, in accordance with the

requirements of the Executive Engineer, afford all reasonable facilities for execution of the

work including occupation of lands or structure or otherwise to any other contractor employed

by the Corporation and his workmen or for the workmen of the Corporation who may be

employed in the execution on or near the site of the work not included in the contract or of any

contract in connection with or ancillary to the work and in default, the contractor shall be liable

to the Corporation for any delay or expense incurred by reason of such default. Provided always

that if the exercise of these powers shall cause any damage to the Contractor, he may, within

fifteen days of such damage arising, make a statement of the same to the Executive Engineer

who shall from time to time, assess the value in his judgment of such damage and the

Corporation shall from time to time pay to the contractor the amounts (if any) accepted as

justified by the Executive Engineer :

Clause 15.0 Lumpsum in Estimates

When the estimate on which a tender is made includes lump sum in respect of part of

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

or the part of the work in question at the same rates as are payable under this contract for

such items, or if the part of the work in question is not in the opinion of the Executive Engineer

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

amount entered in the estimate and the certificate in writing of the Executive Engineer shall

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

under the provisions of this clause.

Clause 16.0 Action where no specifications

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

out in accordance with the R & B Divisional Specification and in the event of there being no

R & B Divisional Specifications, then, in such case the work shall be carried out in all respects

in accordance with the instructions and requirements of the Executive Engineer.

Clause 17.0 Other Contractors

17.1 When two or more contractors are engaged on work in the same vicinity, they

shall work together in a spirit of cooperation and accommodation. The contractor shall not

take or cause to be taken any steps or actions that may cause disruptions, discontent or

disturbance to the works, labour and other arrangements of other contractors in the

neighboring project localities. In the case of any difficulties amongst the contractors the

Executive Engineer shall direct the manner in which each contractor shall conduct his works

so far as it affects the others.

17.2 It is possible that work at, or in the vicinity of the site of work will be performed by

the Corporation or by other contractors engaged in work for the Corporation during the

contract period. Under such circumstances, the contractor shall without charge permit the

Corporation and such other contractors and other workmen to use the access facilities

including roads, lighting installation and any other facilities constructed or acquired by the

contractor for use in the performance of the works till they are required to be maintained for

the purpose of this work.

Clause 18.0 Maintaining Public Traffic

18.1 Where public traffic is required to cross over or pass through the work,

construction operation shall be so conducted as to provide a reasonably smooth, even

dustless and unobstructed passage for traffic at all times. Water shall be sprinkled as directed

for the abatement of dust in connection with maintaining public traffic. The contractor shall

construct temporary connections of sufficient width for traffic between the existing road way

and new construction where necessary. At any and all points along with the work where the

nature of the construction operations in progress and the equipment and machinery in use

are of such character as to endanger passing traffic, the contractor shall provide such

personnel and set up arrangements as may be necessary to safeguard against accidents

and avoid damage or injury to passing traffic.

Clause 19.0 Ecological balance

19.1 The contractor shall maintain ecological balance by preventing deforestation,

water pollution and defacing of natural landscape. The contractor shall so conduct his

construction operations as to prevent any unnecessary destructions, scarring or defacing of

the natural surrounding in the vicinity of the work. In respect of ecological balance, contractor

shall observe the following instructions :

(a) Where unnecessary destruction, scarring damage or defacing may occur as a result

of the operations, the same shall be repaired, replanted or otherwise corrected at, the

contractors expenses. The contractor shall adopt precautions, when using explosives which

will prevent scattering of rocks or other debris outside the work area. All work areas shall be

smoothened and graded in a manner to confirm to the natural appearances of the landscape

as directed by the Executive Engineer.

(b) All trees and shrubbery which are not specifically required to be cleared or removed

for construction purpose shall be preserved and shall be protected from any damage that

may be caused by the contractor's construction operations and equipment. The removal of

trees or shrubs will be permitted only after prior approval by the Executive Engineer. Special

care shall be exercised where trees or shrubs are exposed to injuries by construction

equipment, blasting, excavation, dumping, chemical damage or other operation and the

contractor shall adequately protect such trees by use of protective barriers or other methods

approved by the Executive Engineer. Trees shall not be used for anchorages. The contractor

shall be responsible for injuries to trees and shrubs caused by his operations. The term

"injury'' shall include, without limitation, brushing, scarring, tearing and breaking of roots, trunk

or branches. All injured trees and shrub shall be restored as nearly as practicable without delay

to their original condition at the contractor's expenses.

(c) The contractor's construction activities shall be performed by methods that will

prevent entrance or accidental spillage of solid matter contaminants, debris and other

objectionable pollutants and wastes into river. Such pollutants and wastes include earth and

earth products, garbage, cement concrete, sewage effluent, industrial wastes, radio-active

substances, mercury, oil and other petroleum products, aggregate process tailing products,

minerals and thermal pollution. Pollutants and wastes shall be disposed off in a manner and

at sites approved by the Executive Engineer.

(d) In the conduct of construction activities and operation of equipments, the contractor

shall utilize such practicable methods and devices as are reasonably available to control,

prevent and otherwise minimize air pollution.

(e) Excessive emission of dust into the atmosphere will not be permitted during the

manufacture, handling and storage of concrete aggregate and the contractor shall use such

methods and equipment as are necessary for collection and disposal or prevention of dust

during these operations. The contractor's method of storing and handling cement shall also

include means of eliminating atmospheric discharge of dust. Equipment and vehicles that

give objectionable emission of exhaust gases shall not be operated. Disposal of materials

resulting from clearing of trees, brush combustible construction materials and rubbish may

be permitted only when atmospheric conditions for burning are considered favorable.

19.2 Separate payment will not be made for complying with provisions of this Clause

and all cost shall be deemed to have been included in costs of items in Memorandum of

items and rates of work to be executed.

Clause 20.0 Local Roads and Haul Roads

20.1 The existing public roads near the site of work are shown on the drawing. The

contractor may construct and maintain additional roads as required at his own expense.

20.2 The contractor's heavy construction traffic of tracked equipments shall not travel

on any public roads or bridges unless the contractor has made arrangements with the authority

concerned and approval ofthe Executive Engineer to such arrangements has been obtained.

20.3 The contractor shall plan transportation of construction materials to work site in

such a way that road accidents are avoided.

20.4 The contractor shall construct and maintain at his own cost all suitable temporary

haul roads at the work site as may be found necessary by him for the execution of work. For

construction of haul roads including those required for transport of construction materials and

installation of plant and equipments, the contractor shall give a proposal for lands required by

him. The employer will acquire additional lands, if required, for such purposes. The location of

all such haul roads and any subsequent modifications thereto shall be got approved by the

Executive Engineer.

20.5 During the period of the contract, the Employer and other contractors employed

by the Employer may be engaged on other works in the vicinity of the works covered by this

contract. The contractor shall allow the Executive Engineer and other contractors free and

reasonable use of all temporary haul roads except vital haul roads upon which the contractor

may impose restriction to prevent interruption to concrete hauling operations. Any such

restrictions must be approved by the Executive Engineer.

20.6 Separate payment will not be made for the construction and maintenance of the

temporary haul roads including any necessary special protections or strengthening required

and all cost of such works shall be deemed to have been included in the rates of items of

Clause 21.0 Road crossings or works crossing

21.1 Where the work to be performed under this contract crosses or otherwise

interferes with water, sewer, gas or oil pipeli nes, buried cable or other public utilities Electric,

Telephone, W.S. Sewarage, the contractor shall, provide for such utilities and shall perform

such construction operations during the progress of the work so that no damage will result to

either public or private interests. Employer does not claim that the locations of utilities shown

on the drawing are exact or exhaustive. It shall be responsibility of the contractor to determine

the actual locations of and make provision for all utilities.

21.2 Before utility is taken out of service, permission shall be obtained from the owners.

The contractor shall be liable for all damages that may result from failure to provide for utilities

during the progress of the work and the contractor shall indemnify and hold harmless the

Employer from claims of what-so-ever nature or kind arising out of or connected with damages

to utilities encountered during construction, damages resulting from disruption of service and

injury to persons or damages to property resulting from the negligent, accidental or intentional

breaching of utilities.

21.3 Irrigation systems disturbed by the work shall be restored in the location and in

as good a condition as originally found, except as otherwise approved. If construction of other

contractors cause damages or damages occur during planting or growing season, temporary

crossings must be implemented to provide uninterrupted service to the users.

21.4 If the contractor does not maintain the existing water source and utilities in such

condition that no damage will result to either public or private interests, the Employer will

cause the necessary repairs to be made and recover charges from the contractor for such

21.5 Except as otherwise provided below, the cost of all work described in this clause

shall be included in rates of items of work.

21.6 Where construction of new structures or modification of existing structures are required

to render the utilities inoperative beyond the period of the contract, the contractor shall notify the

Executive Engineer so that arrangement can be made with the owners for the construction or

modifications required.When itis determined that such works are to beperformed bythe contractor,

and such item of work is not provided for in the Memorandum of items and rates of work to be

executed, the contractor shall perform the necessary work on extra payment basis.

21.7 Where utilities are encountered but are not shown on the drawing or otherwise

provided for in these specifications, all additional works required to be performed by the

contractor as a result of encountering the watercourses or utilities shall be performed, on

extra payment basis.

22.0 Old curiosity

In the event of discovery by the contractor or his employees, during the progress of

work of any gold, silver, oil or other minerals of any description and precious stones, treasury,

coins, antiquities, relic, fossils or other articles or value of interest whether geological,

archaeological or any other branch of knowledge, such treasure and other things shall be

deemed to be the absolute property of the Corporation and the contractor shall duly preserve

the same to the satisfaction of the Executive Engineer, from time to time, and hand over the

same to the persons as the Executive Engineer may appoint.

The contractor shall take all reasonable precautions to prevent his workmen or any

other person from removing or damaging any such articles or things, immediately after the

discovery thereof and before removal acquaint the Executive Engineer with such discovery

and carry out his orders for the disposal of the same.

Clause 23.0 Observance of laws, Local regulation and attachments

The contractor shall confirm to all laws of the land and the regulations and bye laws of

any local authority and of any water or electricity supply companies with whose system the

structure is proposed to be connected. He shall before making any variations from the

drawings or specifications that may be necessitated for so confirming, give to the Executive

Engineer a written notice, specifying the variations proposed to be made and the reasons for

making them and apply for instructions thereon. In case the contractor does not receive such

instructions within seven days, he shall proceed with the work confirming to the provisions,

regulations or bye-laws in question and variation in the drawings or specifications so

necessitated shall be dealt with as per clause 51. The contractor shall give notices required by

the said Acts, regulations or bye-laws and pay the required fees in connection therewith.He

shall also ensure that no attachments are made against materials for works related to the

contracts. The contractor shall protect and indemnify Employer against all claims or liabilities

arising from or based on the violation of such laws, ordinances, regulations, bye-laws, decrees

or attachments by him or by his employees.

Clause-24.0 Contract documents and matter to be treated as confidential.

All documents, correspondence, decisions and orders concerning the contract shall

be considered as confidential and/or restricted in nature by the Contractor and he shall not

divulge or allow access to them by any unauthorized person.

Clause 25.0 Work during night or on Sundays and holidays

Unless otherwise provided, none of the permanent works shall be carried out during

night, Sundays or authorized holidays without permission in writing, However when work is

unavoidable or necessary for the safety of life, property or works, the contractor shall take

necessary action immediately and advise the Executive Engineer accordingly.

Clause 26.0 Action and compensation in case of bad work I and defect

liability period.

26.1 If at any time before the expiry of Defects Liability period as detailed in Clause

hereafter in clause 26.3 it shall appear to the Executive Engineer or his sub-ordinate in charge

of the work thaUany work has been executed unsound, imperfect or unskilled workmanship

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

execution of the work are unsound, or of a quality inferior to that contracted for orare otherwise not in

accordance with the contract, it shall be lawful for the Executive Engineerto intimate this fact in writing

to the contractor and then notwithstanding the fact that the work,materials or articles complained of

may have been passed, certified and paid for, the contractor shall be bound forthwith to rectify, or

remove and reconstruct the work so specifiedin whole or in part as the case may require, or if so

required, shall remove the materials or articles so specified in whole or in part and provide other

proper and suitable materials or articles at his own charge and cost, and in the event of his failing to

do so within a period to be specified by the Executive Engineer in the written intimation aforesaid, the

contractor shallbe liable to pay Liquidated Damages at the rate of one percent on the amount of the

estimateof the rectification for every day not exceeding ten days during which the failure so continues,

and in the event of any such failure as aforesaid continuing beyond ten days, the Engineer- in-charge

may rectify or remove, andre-execute the work or remove and replace the materials complained of

as the case may be at the risk and expense in all respects of the contractor. The management of the

Corporation should consider that any such inferior worker materials as described above may be

accepted or made use of, it shall be within his discretion to accept the same at such reduced rates as

he may fix therefore.

26.2 Defect Liability Period.

(i) The Defects Liability period For original Building Work shall be earlier of (a) & (b) stated Below:-

a. Three years from the date of possession of building taken over by user agency OR elapse of

three full monsoon periods following date ofpossession of building taken over by user

agency, whichever is later.

b. Four years from the Certified Date of completion or elapse of four full monsoon periods

following the certified date of completion, whichever is later.

(ii) The Defects Liability period shall be as under for repairing/renovation works:

D For repairing I renovation work costing Rs. 50,000 or less, three months following

the certified date of completion.

D For repairing I renovation work costing more than Rs. 50,000 and up to Rs. 100 Lacs, One

year OR elapse of one full monsoon period following the certified date of

completion, whichever is later.

D For repairing I renovation work costing more than Rs. 100 Lacs or more, three years OR

elapse of three full monsoon periods following the certified date of completion,

whichever is later.

For the purpose of this clause, full monsoon period shall be from 1st -June to 30th- September.

26.3 Contractor's Liability for damage during defect liability period.

Ifthe contractor or his workmen, or servant shall break, deface any part of the work in question

in/on which they may be working or any building, road fence, enclosure or grassland, cultivated ground

contiguous to the premises on which the work or any part thereof is being executed or if any damage

shall occur to the work from any cause whatever before completion of the work or before the completion

of the defect liability period whichever is later or damage occurred/caused due to normal flood or rain

or if any imperfection becomes apparent in it within defect liability period, or otherwise by the executive

engineer, the contractor shall make good the same at his own expenses or in default, the executive

engineer may cause the same to be made good by the other contractor and deduct the expenses (of

which the certificate of the executive engineer shall be final) from any sums that may thereafter

become due to the contractor or from his security deposit or the proceeds of sale thereof or a sufficient

portions thereof.

26.4 Liability of contractor during defect liability period shall be with respect to removing I

rectification of any defect or lacuna found in quality or workmanship or standard of

manufactured item or in required specification of tender.

It is clarified that the defect liability does not include running expenses of water pumps,

electrical motors or replacement of consumable articles for rendering utility services like

electrical lamps, tube rode and bell.

The Complaint Book will be maintained in the specified quarter/office and the

occupants/tenants will lodge their complaints in this book about necessity for above

maintenance. The contractor will attend to such demand within fifteen days from the date of

complain in the complaint Book. If the contractor does not attend to maintenance as above,

the authorized representative of the Corporation will give registered Notice to attend the same

within fifteen days from the date of notice. If the Contractor still fail to attend to maintenance,

the maintenance work will be carried out from the amount of security Deposit retained for this

purpose. The last instalment of security deposit (remaining five percent) will be released only

on production of the certificate of Executive Engineer and from the concerned police/ jail

authority about no defect and satisfactory maintenance of buildings as required under this

26.5 Penalty For Leakage:-

"Lump sum amount of Rs. 15,000/- (Rupees Fifteen Thousand Only) shall be

recovered/deducted for every leakage occurred in the building as penalty, whereas for leakage

in the terrace, the amount of penalty shall be worked out at Rs. 175/-(Rupees one hundred

and seventy five Only) per sq. meter for the terrace area of that building shall be recovered

from the remaining final security deposit available with the corporation. Such penalty/recovery

will be over and above the rectification/ compliance of such leakage by the agency towards

partial damage to the building affecting its life and inconvenience caused to the beneficiary for

Clause 27.0 Indemnity

The contractor shall indemnify the Corporation against all actions, suits, claims &

demands through or made against the Corporation in respect of work of this contract against

any loss damage to Corporation in consequence of any action or suit being brought against

the contractor for anything done or omitted to be done in execution of the work of this contract.

Clause 28.0 Liability of contractor for any damages done in or outside work

Compensation for all damages done intentionally or unintentionally by Contractor's

labourers whether in or beyond limits of Corporation property including any damage caused

by the spreading of fire shall be estimated by the Executive Engineer, which subject to review

of the decision by the Dy. General Manager (technicai)/Superintending Engineer, on appeal,

shall be final and the contractor shall be bound to pay the amount of the assessed

compensation on demand, failing which the same will be recovered from the Contractor as

damages in the manner prescribed in clause 2 or deducted by the Engineer-in-charge from

any sums that may be due or become due from Corporation to the contractor under this

contract or otherwise.

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

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

of precautions to prevent the spread of the fire and he shall also pay the damages and cost

that may be awarded by the court in consequence.

28.1 INSURANCE OF WORKS:-

The contractor shall be responsible to arrange for insurance of the works for the full

replacement cost of any loss of or damage to the Building or any part of it and to any other

structure or its part as stated in the tender document arising out of accident, bad foundations,

earthquake, tempest, flood, fire, theft, riot or any other causes whatsoever, from the

commencement of the works until the time the possession of the building is taken over or

given to the beneficiary/end user. The contractor shall have to produce a copy of the

insurance policy to the Executive Engineer along with the 1st RA Bill and subsequently

provide a copy of insurance policy when the same is renewed, failing which payment of bill

shall not be made. The contractor shall have to reconstruct the building or structure or any

part of it which has been damaged as above at his own cost.

Clause 29.0 Rescinding of contract in case of subletting or contractor

becoming insolvent, Change in the constitution of firm to be notified :

29.1 The contract shall not assigned or sublet without the written approval of the

Corporation and if the contractor shall assign or sublet the contract or attempt to do so in any

apparent or camouflaged way or become insolvent or commence any proceeding to get

himself adjudicated an insolvent or make any compromisation with his creditors, or attempt

to do so, the Corporation may, by notice in writing rescind the contract and decision of the

Corporation in this regard shall be final and binding to the contractor. Also if any bribe, gratuity, gift,

loan, perquisite, reward or advantage, pecuniary or otherwise, shall either directly or indirectly be given,

proposed or offered by the contractor, or any of his servants or agents to any public officer or person

in the employment of Corporation in any way relating to his office or employment, or if any such officer

or person shall become in any way directly or indirectly interested in contract, the Corporation may

thereupon by a notice in writing rescind the contract. In the event of contract being rescinded, the

Security Deposit of the contractor shall thereupon stand forfeited and be absolutely at the disposal of

Corporation and the same consequence shall ensure as if the contract had been rescinded under

Clause 57 hereof and in addition the contractor shall not be entitled to recover or be paid for any work

thereafter actually performed under the contract.

29.2 Inthe case of a tender by partnership firm or a limited company, any change in its

constitution shall be forthwith notified by the Contractor to Executive Engineer for his

Clause 30 Claim for compensation for delay in making available land

No compensation shall be allowed for any delay caused in execution of the work on

account of delay in making available the full site of land at a time. No compensation shall

also be allowed on account of work being hindered or delayed because of any utility services

like water, sewer, gas or oil pipe lines, electricity or telephone lines buried or overheads or

other public utilities existing at the site of work or because of time required to remove or

Clause 31 Claim for compensation for delay in the execution of work.

No compensation shall be allowed for any delay in execution of the work on account of

water standing in low lying area ofthe site as well as delay in shifting utilities by the authority.

The rates are inclusive of hard or cracked soil, excavation in mud, sub soil water in excavation

trenches and no claim for an extra shall be entertained unless otherwise expressly specified.

Clause 32.0 Safety Provisions

32.1.1 The contractor in his operations shall arrange for the safety measures as

required inclusive of the provisions in the Safety Manual published by the Central Water and

Power Commissions, New Delhi (January 1962 edition). In case the contractor fails to make

such arrangements the Executive Engineer shall be entitled to cause them to be provided

and to recover the costs thereof from the contractor.

32.1.2 For failure to comply with the provisions of the Safety Manual the contractor

shall without prejudice to any other liabilities, pay to the Employer a sum not exceeding one

thousand per day for each day of default, subject to a maximum of one percent of tendered

32.2. The contractor shall be responsible for and shall pay the expenses of providing

medical aid to any workmen who may suffer a bodily injury as a result of an accident. If such

expenses are incurred by Corporation, the same shall be recovered from the contractor

forthwith and be deducted, without prejudice to any other remedy of Corporation from any

amount due or that may become due to the Contractor by the employer.

32.3 The contractor shall provide all necessary personal safety equipment and first aid

appliances available for the use of the person employed on the site and shall maintain the

same in suitable condition for immediate use at any time and shall comply with the following

regulations in connection therewith:

(a) The workers shall be required to use the equipment so provided by the Contractor

and Contractor shall take adequate steps to ensure proper use of the equipment by those

(b) When work is carried on in proximity to any place where there is a risk of drowning,

all necessary equipments shall be provided and kept for use and all necessary steps shall be

taken for the prompt rescue of any person, in danger.

(c) Adequate provision shall be made for prompt first aid treatment of all injuries likely

to be sustained during the course of the work.

(d) The contractor shall employ only such labour who shall produce a valid certificate

of having been vaccinated against small -pox within a period of last three years.

32.4 Employment of famine or other labour :

The contractor shall employ any famine, convict or other labour of particular kind or

class, if ordered in writing to do so by the Executive Engineer.

32.5 Compliance to Labour Regulations.

(i) The contractor shall not employ in connection with the work any person who has not

completed his fifteen years of age.

(ii) The contractor shall furnish to the Executive Engineer information about the various

categories of labour employed by him in the form and at such intervals as may be specified.

(iii) The contractor shall in respect of labour em played by him comply with or cause to

be complied with the provisions of the various labour laws and rules and regulations as

applicable to them in regard to all matters provided therein and shall indemnify the employer

in respect of all claims that may be made against the employer for non-compliance thereof

by the contractor.

(iv) Notwithstanding anything contained herein, the Executive Engineer may take such

actions as may be necessary for compliance of the various labour laws and shall recover the

costs thereof from the contractor.

(v) In the event of the contractor committing a default or breach of any of the provisions

of the labour laws and rules and regulations applicable, the contractor shall without prejudice

to any other liability under the Acts, pay to the Employer a sum not exceeding Rupees one

thousand per day for each of the defaults subject to a maximum of one percent of the

tendered amount.

32.6 The contractor should asfar as possible obtain his requirement of labourers, skilled and

unskilled, from the nearest Employment Exchange so as to utilize the local employment potential. If

there are no local Employment Exchanges or such Exchanges are not able to provide the required

labourers locally, suitable local labourers should be utilized to the maximum extent possible.

32.7 Minimum Wages

If a Contractor fails to pay within '7' (Seven) days to the labourer(s)/worker(s) the

minimum wages prescribed by the Government under the Minimum Wages Act, 1948 as in

force from time to time, the Engineer-in-charge shall be at liberty to deduct the amount payable

to the labourer/workers from his (Contractors') bills or deposit(s) payable by the Contractor

and after making due inquiries and establishing the claim(s) of the labourer(s)/worker(s), will

pay the wages to labourers/workers.

The Contractor shall not be entitled to any payment of compensation on account of

any loss that the Contractor may have to incur on account of the action as aforesaid. Before

the action as aforesaid, is enforced, a notice in writing to the Contractor shall be issued by

the Engineer-in-charge to pay the wages as per Minimum Wages Act in force at the relevant

time. If Contractor does not act as aforesaid within seven days, then the action contemplated

as above shall be taken against him.

32.8 Local Labour on normal rates

The contractor shall have to engage local labour and person seeking employment

where available on normal rates.

Clause 33.0 Compensation under the Workmen's Compensation Act.

33.1 The contractor shall be responsible for and shall pay any compensation to his

workmen payable under the Workmen's compensation Act. 1923 (VIII of 1923) (hereinafter

called the said Act) for injuries caused to the workmen. If such compensation is paid by

Employer as principal under sub-section (i) of section 12 of the said Act, on behalf of the

contractor, it shall be recoverable by the Engineer-in-charge from the contractor under sub­

section of the said section, Compensation shall be recovered in the manner as decided by

the Executive Engineer.

33.2 Responsibilities and liabilities of the contractor under Workmen's Compensation

Act are given in the said Act. In addition, following shall also apply :

(a) On the occurrence of an accident which results in death of workmen employed by

the Contractor or which is serious and is likely to result in death of any such workmen, the

contractor, shall, within 24 hours of happening of such accident (s), intimate in writing to the

Executive Engineer the fact of such accident(s) and also submit report of accident(s) in the

prescribed proforma to the Commissioner under the Workmen's Compensation Act. The

contractor shall indemnify the Employer against all loss or damage sustained by the Employer

resulting directly or indirectly from his failure to give intimation in the manner aforesaid

including the penalties or fines, if any, payable by the Employer as a consequence of

Employer's failure to give notice under the Workmen's Compensation Act or otherwise to

conform to the provisions of the said act in regard to such accident(s).

(b) In the case of an accident, in respect of which compensation may become payable

under Workmen's Compensation Act, whether by the contractor or by the Engineer-in- charge

as principal Employer, it shall be lawful for the Engineer-in-charge to retain out of money due

and payable to the contractor such sum or sums of money as may, in the opinion of the

Executive Engineer be sufficient to meet such a liability. The opinion of the Engineer-in­

charge shall be final in regard to all matters arising under this clause.

(c) Contractor should have to submit workman compensation policy for labour at site

from the date of starting of the work with 1st R.A bill failing which amount of Rs. 1.00 Lacs.

will be deducted from the bill.

Clause 34.1 Licence under Contract Labour (Regulation and Abolition) Act.

of 1970 and Gujarat Rules of

Before starting the work the, contractor will have to obtain the license from the District

Assistant Labour Commissioner under the Contract Labour (Regulation and Abolition) Act

1970 and Contract Labour (regulation and Abolition) Gujarat Rules 1972 after paying

necessary fees and deposit on the basis of the number of labourers to be employed on the

work and will have to supply two true copies of the said license to the Deputy Project Manager

before the work is started.

Clause 34.2 The Gujarat building and other construction workers (regulation

of employment & condition of service) Rules, 2003:

The contracting agency shall also be required to comply with provisions of Building &

other Construction Workers (Regulation of Empoyment & Condition of Services) Act,

and also rules made thereunder - The Gujarat Building & other Construction Workers

(Regulation of Employment & Condition of Service) Rules,

Clause 35.0 Submission of monthly challans towards proof of deposit of P.F.

Along with every running bill and with final bill the contractor shall be required to submit

copy of monthly challans as proof of payment of P.F. dues with the appropriate authority in

respect of all the persons engaged by the contracting agency for the work of the corporation.

In case of non-submission, no payment towards running I final bill will be released. Payment

will be released only after submission of satisfactory proof towards payment in this regard by

the contracting agency.

Clause 36.0 Labour Regulations

36.1 Weekly day of rest : Every worker shall be given a weekly day of rest which shall

be fixed and notified at least TEN days in advance. A worker shall not be required or allowed

to work on the weekly rest day unless he has or will have a substituted rest day, on one of the

five days immediately before or after the rest day. Provided that no substitution shall be made

which will result in the worker working for more than ten days consecutively without arest day

for a whole day.

Where in accordance with the foregoing provisions a worker works on the rest day and

has been given a substituted rest day, he shall be paid wages for the work done on theweekly

rest day at the overtime rate of wages.

36.2 Display of notice regarding Wages, Weekly Day of Rest etc. : The Contractor

shall before he commences his work on contract, display and correctly maintain and continue

to display and correctly maintain in a clean and legible condition in conspicuous places on

the works, notices in English and in the local Indian language, spoken by majority of workers

indicating the rate of fair wages, the hours of work for which such wages are payable, and

the weekly rest day workers are entitled to.

36.3 Fixation of Wages Periods : The contractor shall fix wage period in respect of

which wages shall be payable. No wage period shall exceed one month.

36.4 Payment of Wages.

(i) Wages to every worker shall be paid to him direct. All wages be paid in current

coins or currency or in both.

(ii) Wages of every worker employed on the contract shall be paid where the wage

period is one week, within THREE days from thmnd of the Wage period and in any other

case before the expiry of the 7th day or 1Oth day from the end of the wages period according

as the number of workers does not exceed 1,000 or exceeds

(iii) When employment of any worker is terminated by or on behalf of the contractor,

the wages earned by him shall be paid before expiry of the day succeeding the one on which

his employment is terminated.

(iv) Payment of wages shall be made at the work site on a working day except when

the work is completed before expiry of the wage period. In such case final payment shall be

made at the work site within 48 hours of the last working day and during normal working time.

NOTE: The term "working day" means a day on which the work on which labour is

employed, is in progress.

36.5 Register of Workmen :Aregister of workmen shall be maintained in the prescribed

form and kept at the work site or as near to it as possible and the relevant particulars of every

workman shall be entered therein within THREE days of his employment.

36.6 Employment Card : The Contractor shall issue an employment card to each

worker on the day of work or entry into his employment. If a worker has already any such card

with him issued bythe previous employer, the contractor shall merely endorse that Employment

Card with relevant entries. On the termination of employment the Employment Card shall

again be endorsed by the Contractor and returned to the worker.

36.7 Register of Wages etc. :

(i) A Register of Wages-cum-Muster Roll in the prescribed Form shall be maintained

and kept at the work site or as near to it as possible.

(ii) A wage slip in the prescribed form shall be issued to every worker employed by

the Contractor at least a day prior to disbursement of wages.

36.8 Fines and Deductions which may be made from Wages :

(i) Wages of a worker shall be paid to him without any deduction of any kind except

(b) deduction for absence from duty i.e. from the place or the places where by the

terms of his employment he is required to work. The amount of deduction shall be in proportion

to the period for which he was absent :

(c) Deduction for damage to or loss of goods expressly entrusted to the employed

person for custody, or for loss of money which he is required to account for, where such

damage or loss is directly attributable to his neglect or default;

(d) Deduction for recovery of advance or for adjustment of overpayment of wages.

Advance granted shall be entered in a register; and

(e) Any other deduction which the Government may from time to time allow.

(ii) No fines shall be imposed on any worker save in respect of such acts and omissions

on his part as have been approved by the Commissioner of Labour.

(iii) No fine shall be imposed on a worker and no deductions for damage or loss shall

be made from his wages until the worker has been given an opportunity of showing cause

against such fines or deductions.

(iv) The total amount of fines which may be imposed in any one wage period on a

(iv) The total amount of fines which may be imposed in any one wage period on a

worker shall not exceed an amount equal to three paise in a rupee of the wages payable to

him in respect of that wage period.

(v) No fine imposed on a worker shall be recovered from him in installments or after

expiry o( sixty days from the date on which it was imposed. Every fine shall be deemed to

have been imposed on the day of the act or omission in respect of which it was imposed.

(vi) The Contractor shall maintain both in English and the local Indian language a list,

approved by the Labour Commissioner, clearly stating the acts and omissions for which

penaltyorfine maybe imposed on a workman and display it in good condition in a conspicuous

place on the worksite.

36.9 Preservation of Registers : The Register of workmen and the Register of

Wages-cum-Muster Roll required to be maintained under these Regulations shall be preserved

for 3 years after the date on which the last entry is made therein.

Clause 37.0 Report regarding labour

The Contractor shall submit the following reports to the Executive Engineer.

(i) A daily report in the forms as may be prescribed of the strength of labour both skilled

and unskilled employed by him on the work(s). The Contractor shall increase or decrease the

strength both skilled and unskilled labour. if directed by the Executive Engineer. The

submission of such reports shall not however, relieve the contractor of his responsibilitiesand

duties, regarding progress or any other obligations under the contract.

(ii) A classified weekly return in the prescribed form of the number of persons employed

on the works during the preceding week.

(iii) A weekly medical report in the prescribed form showing position the health of

labours at the Contractor's camp, the number of persons ill or incapacitated and the nature

of their illness.

(iv) A report of any accident, which may have occurred, to be sent within 24 hours of the

Clause 38.0 Insurance of labourers.

The contractor shall be responsible to arrange for insurance of all labourers skilled

and unskilled workers and supervisors etc. employed by him. He shall produce the copy of

insurance policy to the Executive Engineer with 1st R.A. bill.

Clause 39.0 Camp regulations

The contractor shall build sufficient number of huts on a suitable plot of land for the

use of the laborers according to the following specifications :

(i) Huts of bamboos and grass may be constructed.

(ii) A good site shall be selected. High ground removed from jungle but well

provided with trees shall be chosen wherever it is available. The neighborhood of tank, jungle,

grass or weeds should particularly be avoided. Camps should not be established close to

large cuttings of earth-work.

(iii) The lines of huts shall have open spaces of at least 10m. between rows. When a

good natural site cannot be procured, particular attention should be given to the drainage.

(iv) There should be no over-crowding. Floor spaces at the rate of 2.8 Sq.mt. per

head shall be provided. Care should be taken to see that the huts are kept clean and in

(v) The contractor must find out his own land. if he wants Government land, he

should apply for it and pay assessment for it.

39.2 Drinking Water :

The contractor shall as far as possible, provide an adequate supply of chlorinated pure

potable drinking water for the use of labourers. This provision shall be at the rate of notless

than 451iters per head. No provision need-be made where there is a suitable nalla, riveror well

within 0.4 km of the camp. However arrangement should as far as possible, be madeto

chlorinate water by chlorinated tablets before it is allowed for drinking purpose.

39.3. The contractor shall construct semi permanent latrines for the use of Labourers

on the following scale, namely;

(a) Where females are employed, there shall be at least one latrine for every 25 females

(b) Where males are employed, there shall be at least one latrine for every 25 males

Provided that where the number of males or female exceed 100, it shall be sufficient if

there is one latrine for every 25 males or females, as the case may be up to the first 100 and

one for every 50 thereafter.

39.4 Privacy in latrines :

Every latrine shall be under cover and so partitioned off as to secure privacy, and shall

have a proper door and fastenings.

39.5 Notice to be displayed outside latrines and urinals :

(i) Where workers of both sexes are employed there shall be displayed outside each

block of latrine and urinal a notice in the language understood by the majority of the workers

"For Men Only'' or "For Women Only" :as the case may be.

(ii) The notice shall also bear the figures of a man or of a women, as the case may be.

39.6 There shall be at least one urinal for male/female workers up to 50 employed at a

time. Provided that where the number of male or female workmen, as the case may be,

exceeds 500, it shall be sufficient if there is=>ne urinal for every 50 males or females up to

the first 500 and one for every 100 males or females or part thereof.

39.7 Latrines and Urinals to be accessible :

(i) The latrines and urinals shall be conveniently situated and accessible to workers at

all times at the establishment.

(ii) (a) The latrines and urinals shall be adequately lighted and shall be maintained in

a clean and sanitary condition at all times

(b) Latrines and urinals other than those connected with a flush sewage system shall

comply with the requirements of the Public Health Authorities.

39.8. Water for latrines and urinals :

Water shall be provided by means of pipes or taps or otherwise, and shall also be

conveniently accessible in or near the latrines and urinals.

39.9 The contractor shall construct sufficient number of bathing places; every unit of

20 persons being provided with a separate bathing place.

(ii) Washing places should also be provided for the purposes of washing clothes.

Every unit of 30 persons shall have at least one washing place.

(iii) such bathing and washing places should be suitably screened and separate places

provided for male and female workers.

(iv) Such facilities shall be conveniently accessible and shall be kept in clean and

hygienic condition.

39.10. Drainage :

The contractor shall make sufficient arrangement for draining away the sewerage water

as well as water from the bathing and washing places and shall dispose off this waste water

in such a way as not to cause nuisance. The contractor should obtain a permission from the

Gujarat Water Pollution Control Board, Gandhinagar if Water is so be drained in river or near

the well. The contractor would put malarial oil once in a week in stagnant water round about

39.11 Medical facilities:

The contractor shall engage a medical officer with a traveling dispensary for a camp

having 500 or more persons if there is no Government or other private dispensary situated

within 6 k.m. from the camp.

39. 12. Conservancy and cleanliness: The contractor shall provide the necessary staff

for effecting the satisfactory conservancy and cleanliness of the camp to the satisfaction of the

Engineer-in-charge. At least one sweeper per200 persons should be engaged. Conservancy

staff should dump refuge in compost pit, away from the labour camp.

39.13 Health Provisions : The District Health Officer of the District or the Deputy

irector of Health Services shall be consulted before opening a labour camp and his

instructions on matters, such as the water supply, sanitary convenience, the camp-site,

accommodation and food supply shall be followed by the contractor.

39.14 Precautions against epidemic : (i) The authorities in charge of the colonies

should get the labourers inoculated against cholera and plague and vaccinated against

smallpox at the time or recruitment, If they are not inoculated or vaccinated within 6 months

or 3 years respectively prior to the date of recruitment.

(ii) When, in any labour camp there is an epidemic disease or is threatened with such

an outbreak, the authorities in charge of the labour camps should ensure that all the inmates

of the labour colonies are inoculated or vaccinated as the case may be, depending on the

diseases, within 72 hours after the outbreak.

(iii) The authorities in charge of the labour colony should arrange to communicate by

wire regarding the outbreak of the epidemic diseases on the very day of the outbreak, to the

Mamalatdar of the Taluka, the District Health officer or to the Deputy Director of Public Health

in charge of that area and the Director of Public Health. Thereafter they should continue to

send daily reports to the above officers irthe prescribed form regarding the progress and

control of the epidemic disease.

(iv) When the authorities in charge of the labour colony suspect or have reason to

believe that any inmate of the labour colony is suffering from the infectious or contagious

disease, they shall forthwith arrange for the segregation of such persons to isolated huts to

be specifically provided for the purpose and also for their treatment.

(v) As regional malaria epidemic outbreaks are likely to occur in such project areas,

the authorities in charge of the labour colonies should report promptly the occurrence of

unusual incidence of cases of malaria and also inform the District Health Officers of the

District, Deputy Director of Public Healthy (Malaria) and the Director of Public Health and also

arrange to institute all necessary antimalarial measures as may be advised by the officials of the

Public Health Department.

(iv) The authorities in charge of the colonies should also arrange to carry out any other

measures that may be recommended by the officials of the Public Health Department

necessary to prevent or control the spread of disease.

39. 15. Rest rooms:

(i) In every place where in contract labour is required to halt at night in connection with

the contract works and in which employment of contract labour is likely to continue for three

months or more, the contractor shall provide and maintain rest rooms or other suitable

alternative accommodation within fifteen days of the employment of contract labour.

(ii) If the amenity referred to in sub rule is not provided by the contractor within the

period prescribed, the employer shall provide the same within a period of fifteen days of the

expiry of the period laid down in the sub-rule (i).

(iii) Separate rooms shall be provided for women employees.

(iv) Effective and suitable provision shall be made in every room for securing and

maintaining adequate ventilation for the circulation offresh air and there shall also be provided

and maintained sufficient and suitable natural or artificial lighting.

(v) The rest room or other suitable alternative accommodation shall be of such

dimensions as to provide at least a floor area or 1.1 sq. mt. for each person making use of

(vi) The rest room or other suitable alternative accommodation shall be so constructed

as to afford adequate protection against heat, wind, rain and shall have smooth, hard and

impervious surface.

(vii) The rest rooms or other suitable alternative accommodation shall be at a convenient

distance from the establishment and shall have adequate supply of whole some drinking

39.16. Canteen Facilities :

(i) In every establishment of contract work and wherein work regarding the employment

of contract labour is likely to continue for six months and wherein contract labour numbering

one hundred or more are ordinarily employed, the adequate canteen facilities shall be provided

by the contractor for the use of such contract labour within sixty days of the commencement

of the employment of contract labour.

(ii) If the contractor fails to provide the canteen facilities within the time laid down the

same shall be provided by the principal employer within sixty days of the expiry of the time

allowed to the contractor and the Executive Engineer shall be entitled to recover expenses

thereof from contractor's money due or to be due or his Security Deposit.

39.17. Accommodation in canteen :

(i) The canteen shall consist of at least dining hall, kitchen, storeroom, pantry and

washing places separately for workers and for utensils.

(ii) (a) The canteen shall be sufficiently lighted at all times where any person has

(b) The floor shall be made of smooth and impervious materials and inside walls shall

be lime-washed or colour-washed at least once in each year, provided that the inside walls

of the kitchen shall be lime-washed every four months.

(iii) (a) The premises of the canteen shall be maintained in clean and sanitary condition.

(b) Waste water shall be carried away in suitable covered drains and shall not be

allowed to accumulate so as cause nuisance.

(c) Suitable arrangements shall be made for the collection and disposal of garbage.

39.18. Accommodation in dining hall :

(i) The dining hall shall accommodate at a time, at least 30% of the contract labour

working at a time.

(ii) The floor area of the dining hall excluding the area occupied by the service counter

and any furniture except tables and chairs shall not be less than one square meter per dinner

to be accommodated as prescribed in sub-rule (1).

(iii) (a)A portion ofthe dining hall and service counter shall be partitioned and reserved

for women workers, in proportion to their numbers.

(b) Washing places for women shall be separate and screened to secure privacy.

(iv) Sufficient table, stools, chairs or benches shall be available for the number of

diners to be accommodated as prescribed in sub rule

39.19 Equipment in canteen :

(i) (a) There shall be provided and maintained sufficient utensils, crockery, cutlery,

furniture and any other equipment necessary for the efficient running of the canteen.

(b) The furniture, utensils and other equipment shall be maintained in a clean and

hygienic condition.

(ii) (a) Suitable clean clothes for the employees serving in the canteen shall also be

provided and maintained.

(b) A service counter, if provided, shall have a top of smooth and impervious materials.

(c) Suitable facilities including an adequate supply of hot water shall be provided for

the cleaning of utensils and equipment.

39.20 Food stuff to be served :

The food stuff and other items to be served in the canteen shall be in conformity with

the normal food habits of the contract labour.

39.21. Prices to be displayed :

The charges for food stuffs, beverages and any other item served in the canteen shall

be based on "no profit, no loss" and shall be conspicuously displayed in the canteen.

39.22 Canteen to be run on "No profit no loss" basis:

Inarriving the prices of food stuffs and other articles served in the canteen, the following

items shall not be taken into consideration as expenditure, namely.

(i) the rent for the land and building.

(ii) the depreciation and maintenance charges for the building and equipment provided

for in the canteen.

(iii) the cost of purchase, repairs and replacement of equipment including furniture,

crockery, cutlery and utensils.

The local officers should check up whether, facilities as offered and which are

admissible under the existing rules and orders are made available to the workers and enforce

upon the contractors the necessity of adhering to the instructions for promotion of welfare of

the workers according to the terms of the contract.

Clause 40.0 Amenities to labours engaged on concrete/asphalt work.

Contractor shall have to arrange for the supply of gumboots. Hand gloves, mask etc.

invariably to the labourers/workers engaged by the contractor on asphalt work.

Clause 41.0 No discrimination of the labour :

The Contractor shall not show any discrimination between Harijan and other class of

labourers/workers employed to carry out the work.

Clause 42.0 Employment of scarcity labour :

If Government declares a state of scarcity ofamine to exist in any village situated

within 16 kilo meters of the work, the Contractor shall employ upon such parts of the work, as

"The contracting agency will be required to submit a copy of invoice as per GST

Act at the time of delivery of materials at project site towards proof for the materials

purchased as per the specification I brand as mentioned in the tender document of the

Clause 45.0 Bills to be submitted monthly

45.1 The contractor on submitting a monthly bill be entitled to receive payment

proportionate to the part of the work done, approved and passed by the Corporation whose

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

against the contractor. All such intermediate payments shall be regarded as advance

payments for works actually done and completed and shall not preclude the Corporation from

requiring bad, unsound, imperfect or unskilled work to be removed and taken away and

reconstructed, or re-erected, nor shall any such payment be considered as an admission of

the due performance of the contract or any part thereof in any respect or the occurring of the

claims, nor shall it conclude, determine, or affect in any way the power of the Corporation as

to final adjustment of the accounts or otherwise or in any other way vary or affect the contract.

45.2 The rates for items of works shall be valid only when the items concerned is

accepted as having been completed fully in accordance with the sanctioned specifications.

In cases where the items of work are accepted as not so completed, the Executive Engineer

may make payment on account of such items at such part reduced rates as he may consider

reasonable in preparation of final or on account bill.

45.3 A bill shall be submitted by the contractor each month on or before the date fixed

by the Engineer-in-charge for all works executed in the previous month and Executive Engineer

shall take or cause to be taken the requisite measurement for the purpose of having the same

verified and the claim, so far as it is admissible, shall be adjusted, if possible, within ten days

from the presentation of the bill. If the contractor does not submit the bill within the time fixed

as aforesaid, the Executive Engineer may depute a subordinate to measure up the said work

in the presence of the contractor or his duly authorized agent whose countersignature to the

measurement list shall be sufficient warrant and the Executive Engineer may prepare a bill from

such list which shall be binding on the contractor in all respects.

45.4 The contractor shall submit all the bills on the printed forms to be had on

application at the office of the Executive Engineer. The charges to be made in the bills shall

always be entered at the rates specified in the agreement or at the partly reduced rates

subject to the approval by the Executive Engineer in the case of Items not completed/executed

as per agreements or in the case of any extra work ordered in pursuance of these conditions

and not mentioned or provided for in the tend at the rate here in after provided for such

45.5 Method of Payment

The contractor has to submit the following documents at the time of submitting first

R.A. bill, failing which the payment of First R.A. Bill will be withheld:

1. Copy of Labour Licence.

2. Copy of Provident Fund Registration.

3. In case where labour Licence is not required, letter to this effect duly confirmed

& signed by Executive Engineer.

4. Letter stating status of firm whether individual, firm, Partnership firm or

company, along with the copy of PAN issued by the Income tax authority.

5. Goods & Service Tax Registration Copy. (GST)

{v) At the time of payment of final bill, in case of handing over memo of the project duly signed

by the competent authority is not submitted. The corporation will withheld Rs. 50000/- or 0.5% of the

cost of work, whichever is more and this amount will be released only after submission of handing

Clause 48.0 Price Escalation and Price Variation (STAR RATE)

Price escalation and I or price variation (star rate) shall be payable on following terms

and conditions only.

48.1 Price Escalation :-

(i) Priceescalationwillbepayableincaseofproject saving estimated costputtotender

more than Rs.125.00 lacs AND having stipulated time limit of more than

(ii) No adjustment shall be done for the work done in first twelve months of the time

limit. Adjustment payable or recoverable will be calculated for the remaining

work done during the subsequent period after twelve months.

(iii) The sum of total price adjustment for (A) labour, (B) materials other than

cement and steel and (C) P.O.L. will be limited to 5% of estimated cost of work

put to tender or actual work done, whichever is lower, less the cost of the

materials supplied from the Corporation to the Contractor as Specified in

'Schedule-A' and cement, steel valued at input rates mentioned as under on

which the sanctioned estimate is based.

Quantity Basic Rate

Cement bags Rs. I bag

Mild Steel MT Rs I MT

TMT I HYSD bars MT. Rs I MT

Note:- ( DTP in Which month and year Approved ........................}

(iv) The quarter referred to in the above formula shall mean the quarter of the

calendar year January to March, April to June, July to September and October

to December. Even if the tenders are opened in the middle

of a quarter, the average index for the calendar quarter will be

considered. The same principle will be applied for identifying the quarter

when the work is completed in the middle of the calendar quarter.

(v) The value of the extra item will be excluded for the working out the value of

'R' in the below formula in all these cases.

(vi) Intermediate payment of escalation to be made under these clause on each

occasion shall be limited in a such manner that the total up-to-date payment of

escalation will not exceed the proportionate percentage of ceiling of escalation

as related to the proportionate value of the contract cost.

(vii) Price adjustment shall be applicable only for the works that is carried out within

the stipulated time or extensions thereof which are not attributable to the fault

of contractor. No claims for price adjustment other than those provided herein

shall be entertained.

Price escalation :for: {A} Labour (B) Materials and (C) P.O.L. The amounts payable

to the contractor for the work done shall be adjusted for increase or decrease in the

rate of labour I materials excepting those materials supplied by the Corporation as

per 'Schedule-A' and P.O.L. as under.

(A) Labour :-Increase or decrease in the cost due to labour shall be calculated quarterly

in accordance with the following formula.

VL= 0.75 X pi xRx i-io

VPOL = 0.75 X [

VPOL = Increase or decrease in the cost of work during the quarter under

consideration due to change in rate of Petrol/Diesel, Oil & Lubricant

R = The value of work done in rupees during the quarter under consideration,after

excluding the value of extra item and after deducting the cost of

(i) Materials supplied by the Corporation to the contractor as specified in

Schedule-A and.

(ii} Value of cement and steel brought by the contractor, valued at star

rate plus the increase/decrease for which price escalation is done under

clause 48.2 (i.e. price variation (star rate}}

Do= The average price of high speed diesel (HSD} fixed by Government of

India approved petrol pump agency at Gandhinagar is to be carried out

for the quarter in which the tender were opened.

D =The average price of high speed diesel (HSD} fixed by Government of India

approved petrol pump agency at Gandhinagar is to be carried out for the

quarter under consideration.

pd = Percentage of P.O.L. component 5% of the item

48.2 Price Variation (Star Rate) :

The amount payable to the contractor for the work done involving use of steel when these

materials are not supplied by the corporation per schedule A shall be adjusted for increase

or decrease in the rate of these materials as under:

The star rates for mild steel and tor steel to be brought by the contractor at work site shall

be considered as below.

Quantity star Rates DTP in Which Month Approved

{The above star rate are linked with Reserve bank of India price index for steel for

the month in which the DTPs are approved)

The month in which DTPs are approved will be specified in the tender document.

Star rates should be mentioned in the tender copy as under.

1. For steel TMT/HYSD rate of SAIL should be obtained for the month in which the

DTPs are approved and mentioned as star rate before issue of tender copy.

2. For basic index specific month in which the DTPs are approved should be

mentioned before issue of tender copy.

The Fluctuations in rates of steel shall be adjusted in the bills payable to the contractor as

A= Difference of amount payable or recoverable.

B= Star rate of steei,(As per above (1) )

C1 = The (quarterly) average corresponding index for steel for the quarter under

Consideration (as published in monthly bulletin of Reserve Bank of India).

CO = Price index of steel for the month in which DTPs are approved. (As published

in monthly bulletin of Reserve Bank of India).

D = Quantity of Steel actually brought by the contractor on site of work and

consumed in the work during the quarter duly supported with bills as recorded

in M.B. (Measurement Book).

A= Difference of amount payable or recoverable.

B= Star (basic) rate of cement, As per cement rate for project work

in the market for the month in which DTPs approved & as

L1 = The (quarterly) average corresponding index for the quarter under

consideration(as published in monthly bulletin of Reserve Bank of

LO = Price index of cement for the month in which DTPs are approved. (As

published in monthly bulletin of Reserve Bank of India).

Q = Quantity of cement actually brought from open market by the contractor on site

of work and consumed in the work during the quarter duly supported with bills

as recorded in cement consumption register.

Price variation (star rate) as per abovetmll be applicable only for the works that

is carried out within the stipulated time or extensions thereof which are not attributable

to the contractor. No claims for price adjustment other than those provided herein shallbe

Clause 49.0 Recoveries of Claims and Set-off Clause

Any sum of money due and payable to the Contractor (including the Security Deposit

returnable to the contractor) for executing any work of the Corporation shall be appropriated

and shall be set off against any claim of the Corporation for the paymentof a sum of

money arising out or under any other contractmade by the contractor with the Corporation.

When no such amount for purpose of the recovery from the contractor against any claim of

Corporation is available, such a recovery shall be made from the contractor as arrears of

land revenue without prejudice to other legal remedies.

Clause 50.0 Time limit for unforeseen claims

The Contractor shall not be entitled to any compensation from the Employer on any

account unless where allowed by the condition of this contract. In such cases, the Contractor

shall have to submit a claim in writing to the Executive Engineer within one month of the

cause of such claim occurring.

Clause 51.0 Schedule of Quantities and Extra Items

51.1 The Engineer-in-charge shall have power to make any alterations in or addition

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

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

to carry out the work in accordance with any instructions in this connection which may be

given to him in writing signed by the Executive Engineer and such alternation shall not

invalidate the contract and any additional work which the contractor may be directed to do in

the manner above specified as part of the work shall be carried out by the contractor on the

same conditions in all respects on which he agreed to do the main work and at the same

rates as are specified in the tender for the main work.

51.2 The quantities shown in the tender are approximate and no claim shall be

entertained for quantities of work executed being, less than those entered in the tender.

However, in the case of when the quantities of any item exceed the quantities as in the tender

by more than 10%, the contractor will be paid for the quantity in excess of 10% at the

rate entered in Schedule of Rates of the year during which the excess in quantity is first

executed or tendered rate, whichever is less.

i.e (A) Excess in quantity up to 10% -----------------Tendered rate will be paid

(B) Excess in quantity more than 10%------ Rate entered in the SOR of the year

during which the excess in quantity is

first executed or tendered rate,

whichever is less

51.3 If the additional or altered work includes any class of work for which no rate is

specified in this contract, then such class of work shall be carried out.

(i) At the rate derived from the item within the contract which is comparable to the one

involving additional or altered class of work; where there are more than one comparable

items, the item of the contract which is nearest in comparison with regard to class or classes

of the work involved shall be selected and the decision of the Superintending Engineer as to

the nearest comparable item shall be final and binding on the contractor.

(ii) If the rate cannot be derived in accordance with (i) above, such class of works shall

be carried out at the rate entered in the Schedule of Rates of Roads and Building Department

or of Gujarat Water Supply and Sewage Board Division for the year in which the tender was

received, increased or decreased by the percentage by which the tender amount is more or

less as compared to the amount arrived at the rates in the "Schedule of Rates" of Roads and

Building Department or of said GWSSB and in the year in which the tender was received. If

the said schedule of the Rates does not contain all the items the percentage increase of the

tender shall be calculated considering such items which are included in the said "Schedule

(iii) If it is not possible to arrive at the rate from (i) and (ii) above, such class of work

shall be carried out at the rate decided by the Superintending Engineer on the basis of detailed rate

analysis after hearing the contractor before the Managing Director of the Corporation.

51.4 If the additional or altered work, for which no rate is entered in the said

"Schedule of Rates" of Roads and Building Department or Gujarat Water Supply and Sewage

Board Division is ordered to be carried out before the rate is agreed upon, then the contractor

shall within seven days of the date of receipt by him of the order to carry out the work, inform

the Engineer-in-charge of the rate, which it is his intention to charge for such class of work

and if the Engineer in charge does not agree to this rates, he shall by notice in writing be at

liberty to cancel his order to carry out such class of work and arrange to carry it out in such

manner as he may consider it advisable, provided always that if the contractor shall commence

work or incur any expenditure in regard thereof before the rates shall have been determined

as lastly herein mentioned, then in such cases he shall only be entitled to be paid in respect

of the work carried out or expenditure incurred byhim prior to the date of the determination

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

Engineer. In the event of the dispute, the decision of the Managing Director of the Corporation

shall be final.

The time limit for the completion of the work shall be extended in the proportion that

the increase in the cost occasioned by alternations bears to the cost of the original contract.

The decision of the Engineer-in-charge as to such proportion shall be final and conclusive.

Clause 52.0 No claim for any payment of compensation or for restriction of work

If at any time after the execution of the contract the Corporation for any reason

whatsoever, does not require the whole or part of the works, to be carried out, the

ExecutiveEngineer shall give notice in writing to that effect to the Contractor. The

Contractor shall not have claim to any compensation whatsoever, on account of any

profit or advantage which he might have derived from the execution of such works.

Thereupon, the Contractor shall be paid at contract rates for works executed and a

reasonable amount as certified by the Executive Engineer for the items here under mentioned

which could not be fully utilized on the work because of the foreclosure.

(a) Preliminary site work such as temporary access roads, temporary labours huts,

staff quarters and the site offices storage accommodation and water storage tanks.

(b) Contractor's materials either brought to site or forwhich the Contractor is legally

bound to accept delivery from the suppliers, provided however, that the quantities of such

materials are not in excess of reasonable requirements of works. If the Contractor Wishes to

take away some of the materials, the Executive Engineer may permit him to do so.

(c) No compensation will be given to contractor for delay in R.A./Final bill Payment

from corporation & no time limit extension will be granted on this ground.

The contractor shall, if required, by Executive Engineer, furnish him books of account

and other relevant documents, as may be necessary to enable him to certify the reasonable

amount payable under this condition.

Clause 53.0 Extension of time :

(i) If the contractor shall desire an extension of the time for completion of the work

on the ground of his having been unavoidably hindered in its execution or any other ground

he shall apply in writing to the Executive Engineer before the expiration of the period stipulated

in the tender or before the expiration of 30 days from the date on which he was hindered

whichever is earlier and the Executive Engineer may, have to submit the time limit extension

proposal with his opinion, believe that there are reasonable grounds for granting an extension,

then the competent Authority of the corporation grant such extension, as think necessary or

proper. The decision of the Competent Authority of the Corporation in this matter shall be

(ii) Extension of Time limit will be given maximum for three times for valid reasons.

Even after expiry of third extension, agency fails to complete the work for any reason in

extended time limit, further extension will be given, and penalty equal to 3% (three percentage)

of contract value shall be recovered from the contractor. This penalty shall be over and above

liquidated damages referred to in Clause No.

Clause 54.0 Force Majeure

Neither party shall be liable to the other for any loss or damage occasioned by or

arising out of act of God, such as Unprecedented flood, Volcanic eruption, earthquake or

other convulsion of nature and other acts such as but not restricted to general strike, invasion,

the acts of foreign countries, hostilities, or war like operations before or after declaration of

war, rebellion, military or Usurped power which prevent performance of the contract and

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

Note : "Unprecedented flood" means the flood crossing the High Flood Level

during preceding ten years.

Clause 55.0 Action when the progress of any particular portion of the work

is unsatisfactory.

If the progress of any particular portion of the work under Contract is unsatisfactory,

the Executive Engineer shall, notwithstanding that the general progress of the work is

satisfactory, in accordance with Clause 56 be entitled to take necessary action under Clause

57, after giving the Contractor ten day's notice in writing and the contractor shall have no

claim whatsoever for any compensation for any loss caused to him due to such action.

Clause 56 - Liquidated damages for delay:

a) The schedule of completion of the work shall be as under:-

Rate of deduction of Deposit I

Liquidated Damages, as the case may

Time Percentage of work (Financial)

b) However, if the contractor fails to meet any of the milestone both in time (e.g. 25% for first

milestone) and corresponding Financial progress (e.g. 10% for first milestone) as mentioned above,

amount to be retained at the rate of 0.1 percentage of that milestone value per day till said designated

part (s) is completed. In case, if the contractor executes and meet the subsequent milestone criteria,

then the earlier retained amount shall be released. However, such retention I release for the slippage

of subsequent/other milestones shall be applicable in the similar manner.

c) However, if the contractor meets any of the next milestones of Financial completion of work within the

corresponding time limit as per the table above, the amount kept as deposit as per para (b) above, shall

be returned to the contractor after completing that milestone.

d) If the contractor does not complete the entire work under the scope on the date of Completion, (i.e.

100% of the Financial progress at the end of 100% of the time of completion), Liquidated damages at

the rate of 0.1% of the actual amount of work completed per day of delay, subject to maximum amount

of 10% of the actual amount of work completed shall be recovered from the contractor. In such case,

the amount retained as deposit, if any, shall be adjusted against the final amount of liquidated damages

levied on delay in 100% completion of the work.

e) In case the time limit for completing the work is extended under any circumstances by Corporation, the

milestone for completing the works will get changed according to the table as specified in Clause (a)

above. Subsequently in event of any amount deposited as per Clause (b) above shall be released to

the contractor to that extent. But in case, the work is not completed within the extended time limit, the

liquidated damages shall be payable as 0.1% of the actual amount of work completed per day subjected

to the maximum amount of 10% of the actual amount of work completed.

f) Delays requiring recovery of liquidated damages of ten percent of the contract value for performance

shall be sufficient cause for termination of contract and for forfeiture of security deposit including amount

of performance bond/security and registration of the contractor shall also be kept in abeyance for three

years from the date as fixed in all cases.

Clause 57 Action in case of breach of the contract by the Contractor.

If the Contractor neglects or fails to proceed with the work with due diligence or if he

violates any of the provision of the Contract, the Executive Engineer shall give the Contractor

a notice, identifying deficiencies in performance and demanding corrective action. Such

notice shall clearly state that it is given under the provision of this clause. After service of

such notice, the contractor shall not remove any plant, equipment and material from the site.

The Corporation. shall have a lien on all such plant, equipment and material from the date of

such notice till the said deficiencies have been corrected as mentioned in the said notice.

If the contractor fails to take satisfactory corrective action within ten days after receipt

of such notice, the Executive Engineer on behalf of Corporation shall terminate the contract in

whole. In case, the entire contract is terminated, the amount of available security deposit,

guarantee bond and liquidated damages, if any, together with the value of work done but not

paid for, shall stand forfeited to the Corporation. The plants, equipment and materials, held

under this clause shall then be at the disposal of the Corporation to recover the amount

equivalent to balance liquidated damages and contractor shall be debarred from tendering

future works of the Corporation for three years from the date as fixed in all such cases.

Corporation may recommend to concerned authority of the Government to keep the registration

of the contractor in abeyance.

The Executive Engineer if necessary shall direct that a part or the whole of such plant,

equipment and material be removed from the site within a stipulated period. If the Contractor

fails to do so, the Engineer-in-Charge shall cause them or any part of them to be sold holding

the net proceeds of such sale to the credit of the Contractor. After settlement of accounts, the

lien by the Corporation of the contractor's remaining plant equipment and balances of materials

shall be released.

Clause 58.0 Works to be under directions of the Superintending Engineer.

All works to be executed under the contract shall be executed under the direction and

subject to the approval in all respects of the Corporation, who shall be entitled to direct at

what point and in what manner they are to be commenced and from time to time carried on.

The decision of the superintending Engineer on the following issues shall be final and binding

to both the parties.

(1) Suitability of materials to be used.

(2) Acceptability of Workmanship.

(3) Quality of items of work.

(4) Suitability of the Contractor's Engineer Representative.

(5) Mode of Measurement.

(6) Interpretation of specifications and drawings.

Clause 59.0 Disputes to be referred to Arbitration Tribunal

The dispute relating to this contract, to any matter, whether such disputes, arise

during the progress of the work or after the completion or abandonment thereof, shall

be referred to the statutory "Gujarat PublicWorks DisputesArbitration Tribunal", Ahmedabad.

(a) The reference to arbitration proceedings under this Clause shall not :-

(i) affect the right of the Engineer-in-charge under clause 57.0 to take possession of

all or any tools, plants, materials and stores in or upon the works or site thereof or belonging

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

or any part thereof.

(ii) Preclude the Engineer-in-charge from utilizing the materials purchased by the

Contractor in any work or from removing such rna terials to other place, during the period, the

work is stopped or suspended in pursuance of notice given to the contractor under Clause

(iii) entitle the Contractor to stop the progress of the work or the carrying out the

additional or altered work in accordance with the provisions of Clause 51 or Clause 16 as the

Schedule A for completion of Designated Part or Percentage of work

(See Clause No. 56)

Time schedule, for completion of different designated parts of the woiBnd rate of deposit or liquidated

damages to be paid by the Contractor, if he fails to complete the part of work within stipulated time limit is as

detailed below:

Rate of deduction of Deposit I

Time Schedule of Completion Liquidated Damages, as the

Percentage of time of the total Percentage of work to be

time limit completed

25% 10% of Contract Value 0.1%

35% 20% of Contract Value

50% 40% of Contract Value

60% 55% of Contract Value

75% 80% of Contract Value

100% of actual cost of 0.1%

Signature of the Contractor Signature of the Authorised

Officer of the Corporation

Schedule B showing items and Rates of Works to be carried out :

Items Description of item Quantity Unit Total amount

Items Description of item Quantity Unit Total amount

No. Tendered rates in According to

estimated quantities

words figures Rupees

1/We am/are willing to carry out the work at .............................. %below/ ................................... %

above (should be written in figures and words ) of the rates mentioned above. Amount of my/our tender works out as

*Estimated amount * Estimated amount

Put to tender Rs................... Put to tender Rs.

Deduct........... percentage below Rs................... Add ....... percentage above Rs.

In words In words

Note 1 -All work shall be carried out as per Public Works Department Handbook and other specifications

of Corporation or as directed.

Note 2 -All the columns in the Schedule should be filled in with ink or ball pen and the total of the entries

in the last column should be returned by the contractor under his signature.

Note 3- Rates quoted include clearance of site (prior commencement of work and at its close) in all

respects and hold good for work under all conditions, site, moisture, weather etc.

Note 4- To be continued on additional sheets, if found necessary.

Signature of the contractor: Signature of the Authorised Officer of the

Format of ..No defect and satisfactory maintenance certificate..

No Defect and Satisfactory Maintenance Certificate

The Managing Director,

Gujarat State Police Housing Corporation Limited

This is to certify that the work of at:. _

district is carried out & completed satisfactorily by M/s. _

--------------· No defects are noticed.

Place: Signature of the Concerned Police I Jail Officers

SECTION - 5 DRAFT AGREEMENT

This Agreement made on the .............. day of ......................... 200 .................. between

the Gujarat State Housing Police corporation Limited (hereinafter called the Corporation of

called "the Contractor'') of the other part.

The Corporation has accepted a tender submitted by the Contractor for

NOW THIS AGREEMENT WITNESSTH as follows :

1. In this Agreement words and expression shall have the same meanings as are

respectively assigned to them in the Terms and Conditions of contract hereinafter referred

2. The following documents shall be deemed to form and be read and construed as

part of this Agreement viz.

a) Tender document (Percentage rate form No. B-1)

b) The specifications and drawings.

c) The Schedules and Annexures.

d) Tenderer's proposal as accepted by the Corporation.

e) Letter of Negotiations dated .................. and or all addenda or modifications to the

f) Letter of Acceptance of Tender.

g) Notice Inviting Tender.

3. In consideration of the payments to be made by the Corporation to the Contractor

as hereinafter mentioned, the Contractor hereby covenants with the Corporation to complete

construction in conformity in all respects with the provisions of the contract.

4. The Corporation hereby covenants to pay the Contractor Rs....................................... ..

(in words) or such other sum as may be arrived at under the relevant provision of the contract

relating to payment by final measurement at accepted tender rates in consideration of the

Construction and completion of the work at the times and the manner prescribed by the

In witness thereof the parties have hereinto set their respective hands and seals on

the day and year first above written.

Signed and sealed and Delivered by:

(For Contractor)

Signed and sealed and Delivered by:

(for Corporation)

in the capacity of

on behalf of Gujarat State Police Housing Corporation

In the presence of

Superintending Engineer

Necessary details may be filled in here or can be submitted in electronic form separately

LIST OF WORKS COMPLETED BY THE TENDERER

Sr. Name of work Place and Contract Cost on Original Time Reason for

No. Name of the amount completion time taken in delay in

Employer limit in months completion &

months to Remarks

Signature of the Tenderer ....................... '

Note : Necessary certificates from the Employer under whom the works were completed shall have to be

submitted in a scan copies in electronic form as certified true copy.

Necessary details may be filled in here or can be submitted in electronic form separately

ANNEXURE-2 /SCHEDULE-E

DECLARATION REGARDING WORKS ON HAND WITH THE TENDERER

Sr. Name of Place Contract Date of Stipulated Amount of Brief Remarks

No. work amount Issue of period of work done details of (Name of

work order completion on date of delay If Employer)

in months filling any

Date : Signature of Tenderer .................................. .

Note 1 : Amount of work done in column 6 should be given up to the month previous to the month in which tenders

Note 2 : Necessary certificates from the Employer under whom the works were completed shall have to be

submitted in a scan copies in electronic form as certified true copy.

ANNEXURE-3/SCHEDULE-

Plants and Equipments Available for use on this work

Details of Tenderer's Plants and Equipments immediately available with the tenderer for use

(Following information for each type of equipment shall be furnished}

1. Name of Equipment

2. Number of Units

3. Kind or make

6. Year of manufacture and date of purchase

7. Normal life specified by the manufacturer

8. Number of actual working hours

years/kilometers put in by the machine

9. Present Location

Date: Signature of Tenderer

Plants and Equipments to be procured

Details of Plants and Equipment to be procured for the work if awarded

(Following information for each type of equipment should be furnished}

1. Name of Description of Plant and Equipment

2. Number of Units

3. Kind or make

4. Name of Manufacturer and Country

6. Approximate cost in rupees at work site

Date: Signature of Tenderer

ANNEXURE-5/SCHEDULE-C

Details of key Technical Supervisory and Administrative Personnel {By type &

Particulars Key Technical Supervisory and Administrative Personal

and Consultants.

Already in employment Proposed to be

by the tenderer Employed for the work

1. Individual's Name

2. Qualification

3. Assigned position.

4. Professional Experience and details of works carried out

5. Years with the firm

Date : Signature of tenderer

Necessary details may be filled in here or can be submitted in physical form separately

Indenture for Secured Advances

(For use in case in which the contract is for finished work and the contractor has

entered into an agreement for the execution of a certain specified quantity of work in a given

THIS INDENTURE made the day of 200 _

BETWEEBN (hereinafter called the contractor which expression, shall where the context so

admits or implies be deemed to included his executors, administrators and assigns) of the

one part and the Gujarat State Police Housing Corporation Limited (hereinafter called the

Corporation which expression shall where the context so admits or implies be deemed to

include his successors in office and assignees) of the other part.

WHEREAS by an agreement number and dated

_- (hereinafter called the said agreement) the contractor

has agreed to perform the contract and WHEREAS the contractor has applied to the

Corporation that he may be allowed advance on the security of materials absolutely belonging

to him and brought by him to the site of the works subject to the said agreement for use in the

construction of such of the works as he has undertaken to execute at the rates fixed for the

finished work (inclusive of the cost of materials, labour and other charges) and whereas the

Corporation has agreed to advance to the contractor the sum of Rupees

-------------on the security of materials, the quantities and other

particulars of which are detailed in part II of a Running Account Bill (B) for said works signed

by the Contractor on and the Corporation has reserved to itself the option of

making any further advance or advances on the security of other materials broughtby the

contractor for the said works.

NOW THIS INDENTURE WITNESSTH that in pursuance of the said agreement and in

consideration of the sum of Rupees on or before the execution of these

presents paid to the Contractor by the Corporation (the receipt where of the Contractor both

acknowledge} and of such further advances (if any} as may be made to him as aforesaid the

Contractor do hereby covenant and agree with the Corporation and declare as follows :

(1) That the said sum of Rupees so advanced

by the Corporation to the Contractor as aforesaid and all or any further sum or sums advanced

as aforesaid shall be employed by the Contractor in or towards expediting the execution of

the said work and for no other purpose whatsoever.

(2) That the materials detailed in the said Running Account Bill (B) which have been

offered to and accepted by the Corporation as security are absolutely the Contractor's own

property and free from encumbrances of any kind and the contractor will not make any

application for or receive a further advance on the security of materials which are not absolutely

his own property and free from encumbrances of any kind and the contractor indemnifies the

Corporation against all claims to any materials in respect of which an advance has been

made to him as aforesaid.

(3) That the materials detailed in the said Running Account Bill (B) and all other

materials on the security of which any further advance or advances may hereafter be made

as aforesaid (hereinafter called the said materials) shall be used by the Contractor solely in

the execution of the said work in accordance with the direction of the Project Manager

(hereinafter called the Engineer-in-charge and in the terms of the

(4) That the Contractor shall make at his own cost all necessary adequate arrangements

for the proper watch, safe custody and protection against all risks of the said materials and

that until used in construction as aforesaid the said materials shall remain at the site of the

said works in the Contractor's custody and on his own responsibility and shall at all times be

open to inspection by the Engineer-in-charge or any office authorized by him. In the event of

the said materials or any part thereof being stolen, destroyed or damaged or deteriorated in

a greater degree than is due to reasonable use and wear thereof, the Contractor will forthwith

replace the same with other materials of like quality and make good the same as required by

the Engineer-in-charge.

(5) That the said materials shall not on any account be removed from the site of the

said works except with the written permission of the Engineer-in-charge or his subordinate

authorized by him on that behalf.

(6) That the advance shall be repayable in full within three months from the month of

payment of such advance.

(7) That if the Contractor shall at any time make any default in the performance or

observance in respect of any terms and provisions of the said agreement or of these presents,

the total amount of the advance or advances that may still be owing to the Corporation shall

the total amount of the advance or advances that may still be owing to the Corporation shall

immediately on the happening of such default be repayable by the Contractor to the

Corporation together with interest thereon at twenty percent per annum from the date of

respective payment of such advance to the date repayment and with all costs charges,

damages and expenses incurred by the Corporation in or for the recovery thereof of the

enforcement for this security or otherwise by reason of the default of the Contractor. The

contractor hereby covenants and agrees with the Corporation to repay and pay the same

respectively to him accordingly.

(8) That the Contractor hereby charge all the said materials with the repayment to

Corporation of the said sum of Rupees and any further sum or sums advanced as

aforesaid all and costs, charges damages and expenses payable under these presents

PROVIDED ALWAYS and it is hereby agreed and declared that not with standing anything in

the said agreement and without prejudice to the powers contained therein if and wherever

the covenant of or payment and repayment hereinbefore contained shall become enforceable

and the money owing shall not be paid in accordance wherewith, the Corporation may at any

time thereafter adopt all or any of following courses it may deem the best :

(a) Seize and utilize the said materials or any part thereof in the completion of the said

works on behalf of the Contractor with the actual cost of effecting such completion and the

amount due in respect of advances under these presents and crediting the Contractor with

the value of work done as if he had carried it out in accordance with the said agreement and at

the rates thereby provided. If the balance is against the Contractor he will pay the same to

the Corporation on demand.

(b) Remove and sell by public auction the seized materials or any part there of and

out of the moneys realizing and pay over the surplus (if any) to the contractor.

(c) Deduct all or any part of the moneys owing out of the security deposit bank

Guarantee for this Secured Advance or any sum due to the Contractor under the said

(9) That except in the event of such default on the part of the Contractor as aforesaid

interest on the said advance shall not be payable.

(10) That in the event of any conflict between the provisions of these presents and

the said agreement, the provisions of these presents shall prevail and in the event of any

dispute or difference arising over the construction or effect of these presents the settlement

of which has not been herein before expressly provided for, the same shall be referred to

the Superintending Engineer of the Corporation whose decision shall be final.

In witness whereof the said and by

the order and under the direction of the Corporation have hereinto set their respective hands

and seal the day and year first above written.

Signed, Sealed and delivered by the said contractor in the

In the presence of Signature of the Contractor I Agency

:Witness Name : Name

Address: Address

Gujarat State Police Housing Corporation Limited.

In the presence :

Necessary details may be filled in here or can be submitted in electronic form separately

INFORMATION OF PARTNERS

Sr. Name (s) of Full address of the Telephone Residential Telephone Full address

No. person/partner/ place of business No.(s) address(es) No.(s) of Income

Director of company (with pin code) (office) (Resi.) Tax office

Mobile. Income Tax

No. return isfiled.

1/We hereby agree to intimate to you about change, if any in the above address (es)

and telephone No. (s) within fifteen days of its occurrence till my/our security deposit, for

contract paid by me/us is not returned to me/us.

Date: Signature of Tenderer