Design, Engineering and SITC of Vacuum feed Chlorination Systems Fixed Throat OR Induction unit type, Chlorine Leak absorption system and Auto shut off valve of chlorine cylinder/tonner route valve with Five years Comprehensive maintenance as per Tender’s specification at various WTP, ESR, Under Ground Sump of Navsari Municipal Corporation

Design, Engineering and SITC of Vacuum feed Chlorination

Systems Fixed Throat OR Induction unit type, Chlorine Leak

absorption system and Auto shut off valve of chlorine

cylinder/tonner route valve with Five years Comprehensive

maintenance as per Tender’s specification at various WTP, ESR,

Under Ground Sump of Navsari Municipal Corporation

:: Milestone dates of e-Tendering ::

1. Downloading of e-Tender documents

up to 18.00 Hrs.

2. Pre-Bid meeting At Main office of Navsari Municipal

3. Online submission of e-Tender 17/10/2026-up to 18.00 Hrs.

Physical submission of EMD, Tender fee,

Documents required for p r e - qualification

and other necessary documents. (By

RPAD/Speed post only)

Opening of online Primary Bid (Technical

Bid) and Verification of submitted documents

5. (EMD, Tender fee, Documents required for

25/10/2026 at 10.30 Hours onwards

pre- qualification and other necessary

Opening of online Commercial Bid. (Price

6. 25/10/2026 at 11.30 Hrs. onwards

Bid) for technically qualified bidders only.

One hundred eighty (180) calendar

7. Bid Validity

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NAVSARI MUNICIPAL CORPORATION | WATER WORKS PROJECT | E-TENDER NO. 19 OF 2026-27

Navsari Municipal Corporation

Mahanagar Sevasadan, Dudhiya Talav, Navsari

Statement showing the details of abbreviations.

Full Form Abbreviation

ADDL CITY ENGINEER ACE

Operation and Maintenance, Repair and Defect Liability Period O&M

Net Present Value NPV

Engineering Procurement and Construction EPC

Paschim Gujarat Vij Company Limited PGVCL

Critical Path Method CPM

Reinforced Cement Concrete RCC

High Ground Level Reservoir HGLR

Stainless Steel SS

Bureau of Indian Standard BIS

American Water Works Association AWWA

American Petroleum Industries API

Million Liter per Day MLD

High Yield Strength Deformed bar HYSD

Corrosion Resistance Steel CRS

Ordinary Portland Cement OPC

American Standard for Testing of Material ASTM

Flux Compensated Magnetic Amplifier FCMA

Cost Insurance and freight CIF

Free On Board FOB

Not Applicable NA / N.A.

Pumping Station PS

Goods & Service Tax GST

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NAVSARI MUNICIPAL CORPORATION | WATER WORKS PROJECT | E-TENDER NO. 19 OF 2026-27

NAVSARI MUNICIPAL CORPORATION

E-TENDER NOTICE

The e-Tender is invited with two bid system (Technical bid and Price bid) by Water Works,

Navsari Municipal Corporation, from the Original Equipment manufacturer (OEM) of

chlorinators, or Authorized dealer of OEM, or Experienced contractors & having authorization

from OEM of the approved vendor list for the following work:

a) Estimated Amount

(Without GST Tax)

b) Amount of EMD

Name of work d) Time limit for

completion of work

Design, Engineering and SITC of Vacuum feed (Without GST Tax)

Chlorinator System Fixed Throat OR Induction Unit

type and Chlorine Leak absorption system with Auto

1 shut off valve of chlorine cylinder/tonner route valve

with Five years Comprehensive maintenance as per d) 10 Months SITC

Tender’s specification at various WTP, ESR. Under + 60 Months

Ground Storage of Navsari Municipal Corporation. Comprehensive

:: Milestone dates of e-Tendering ::

1. Downloading of e-Tender documents

up to 18.00 Hrs.

3. Pre-Bid meeting At Main office of Navsari Municipal

4. Online submission of e-Tender 17/10/2026-up to 18.00 Hrs.

Physical submission of EMD, Tender fee,

Documents required for p r e - qualification and

other necessary documents. (By RPAD/Speed

Opening of online Primary Bid (Technical Bid)

and Verification of submitted documents (EMD,

Tender fee, Documents required for pre-

qualification and other necessary documents.

Opening of online Commercial Bid. (Price Bid)

7. 25/10/2026 at 11.30 Hrs. onwards

for technically qualified bidders only.

One hundred eighty (180)

8. Bid Validity

(1) All bidders must submit tender fee and bid security in person as above submit at the

below mentioned address with physical technical bid in form of Demand draft in favor of

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NAVSARI MUNICIPAL CORPORATION | WATER WORKS PROJECT | E-TENDER NO. 19 OF 2026-27

"Navsari Municipal Corporation", Navsari, from any Nationalized Bank or Scheduled bank

(except Co-operative Bank) in India. The address proof and identity proof shall have to

be submitted along with physical submission of required documents. Technical bid must

be submitted by RPAD/Speed post only.

(2) The pre-qualification requirement is as under:

i) Financial Criteria:

a) The bidder shall have the financial capability and having an average annual

turnover of last seven years, ending 31st March of the previous financial year (i.e.

2023-24), should not be less than 50% of the estimated tender cost. Bidder shall

have to enclose reports on its financial standing, such as profit and loss

statements and auditor’s reports, for the last seven financial years.

b) Working capital (to be demonstrated by the bidder in form of confirmed credit line

from reputed Bank or the bidder's own audited financial statement taking into

account current commitment) should not be less than 25% of the estimated tender

c) Bidder shall have a solvency equal to or more than 100.00 lacs certified banker’s

statement not older than 6 months shall be attached.

d) Available Bid Capacity-ABC must be more than the estimated tender cost.

1. Available Bid Capacity (ABC) will be derived by the

following method.

ABC is calculated as ABC= (2 x A x N)-B

Maximum value of works executed in any one year during the last seven

years (updated to present price level by applying enhancement factor)

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

Number of years prescribed for completion of the works for which tenders are

Value (present price level by applying enhancement factor) of existing

B= commitments and on-going works to be completed during that next N year (period

of completion of the works for which the tenders are invited.)

e). In financial criteria, enhancement factor at the rate of 10 % per year will be

applicable to arrive enhanced financial amount at current financial year.

ii) Experience Criteria:

The bidder should possess following minimum work experience:

A. Bidder should have completed at least One work of similar nature (i.e. SITC of

Vacuum feed chlorinator, Auto shut off valve, with scrubber system with allied

Electro-Mechanical works at sewage / water works of 60% one work OR Two

works of similar nature of 40% OR Three works of similar nature of 30% of the

estimated S.I.T.C tender amount (Capital cost i.e. Rs.7,05,40,000.00) of either

Government / Semi-Government as a main contractor in period of last seven

years from the month (i.e. from November-2020) of invitation of this tender

and should have been successfully commissioned and in operation for at least one

B. The bidder should have further additionally experience of successful completion

of Comprehensive Maintenance of minimum one similar system at sewage/water

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works at least for two years Comprehensive Maintenance of this tender shall

consider as "work of similar nature" completed by bidder with specified above at

(A) and considered for pre-qualification experience criteria for similar nature of

works for the comprehensive Maintenance.

C. Copy of original certificates duly notarized (original notarized copy) in support

of above requirements shall be enclosed in hard copy for verification, certified

by the respective employer or his authorized representative, not below the rank

of an Executive Engineer or equivalent. Original Certificates of the same shall

be produced for verification on demand by employer, failing which, will result in

to rejection of tender.

D. For the purpose of bid evaluation, the owner/owner’s representatives if feel

necessary to visit a pumping station as mentioned above by the bidder, the

bidder shall make necessary arrangements/approvals for the same. Cost for the

same shall be borne by the bidder.

E. Note: Enhancement factor at 10% per year for last Seven years will be

applicable to arrive annual turnover and finalize the magnitude of work done /

Experience criteria evaluation in last seven years.

(3) The bidder should not have been Black Listed by Government of

India /Government of Gujarat or any State Board / Corporations, since inception of

the firm/Company. A Declaration in this regard signed & Stamp with duly

Notarized, shall have to be submitted along with the tender documents.

(4) Notarized copy of Registration certificates/Documents as following must be

physically submit with authorized sign & stamp on each page of Technical bid

1. OEM / Authorized dealer / Experienced contractor having authorization

from OEM with Back-up guarantee letter from OEM for a period of

months guarantee period.

2. Provident Fund registration certificate and ESI certificate.

3. GST Tax registration copy

5. Professional tax registration certificate – If applicable

6. The Chartered Accountant’s audited financial report for last Three years for financial

strength of the bidder.

7. Solvency certificate from any Nationalized or Schedule bank (Except co-operative

8. Experience certificates regarding this work issued by competent authority not less than

Executive Engineer designation of any Govt. Board, Municipal Corporation. Experience

certificate of Pvt. Industries or any Pvt. Company shall not be accepted.

9. Working capital certificate authorized by chartered accountant.

10. Power of Attorney authorizing the person for signing the Tender and

attending pre-Bid meetings and give any clarification asked by department.

11. The agency should not be Black Listed anywhere in India, for which, agency will

have to submit fresh Notarized Affidavit.

12. Site visit confirmation letter.

(5) The bidder should provide accurate information on any litigation history or

arbitration resulting from contracts completed or under execution by him over the last

ten years. This should also include such cases, which are in process / progress. A

consistent history of awards against the bidder may result in failure of the bid. In case

the bidder has not provided such information and has come to the notice of the

authority, the tender will be rejected at what so ever stage and in such case all the

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losses that will arise due to this issue will be recovered from the tenderer / bidder and

any dispute in this regard will not be entertained by Navsari Municipal Corporation.

(6) Navsari Municipal Corporation reserve the right (i) to change, alter or to waive any

technical or commercial terms, condition and qualification (ii) to reject all the bids or

any bid in part or full without assigning any reason whatsoever (iii) for making changes

/ relaxation in eligibility criteria at any time in the interest of the public. The bidder

shall have no cause of action or claim against the Navsari Municipal Corporation or

its Officers / Employee’s successor or assignee for rejection of his tender/bid.

(7) After opening of Technical Bid, the procedure for the pre-qualification shall be

adopted and the Price Bid of only successful qualified bidder shall be opened for final

evaluation of the contract. The decision of Municipal Commissioner regarding the pre-

qualification shall be final and binding to all the bidders.

(8) The Tender of those bidder(s) who fail to submit the required documents

physically within the stipulated date and time will be treated as non-responsive and

their Price Bid will not be opened.

(9) Joint Venture is not allowed.

(10) The experience of sub-contractor/back to back work shall not be considered.

(11) Conditional Tenders will be out rightly rejected.

(12) Commissioner Navsari Municipal Corporation reserves the right of accept/reject any

or all the e-tender(s) without assigning any reasons thereof.

(13) A. The contractor shall have to quote their rates without GST and including other all

B. The invoice should be submitted by contractor showing the breakup of GST in the

C. The contractor shall have to purchase the material required for this tender work, only

from the supplier having registered GST Number.

D. NMC will not be responsible to pay any amount towards GST if the material

purchased from the unregistered supplier / not having GST Number. Applicable GST

shall be paid extra to the bidder.

Dy. Commissioner

Navsari Municipal Corporation

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NAVSARI MUNICIPAL CORPORATION | WATER WORKS PROJECT | E-TENDER NO. 19 OF 2026-27

This work is to be carried out for Design, Engineering and SITC of Vacuum feed Chlorination

Systems Fixed throat OR Induction Unit type, Chlorine Leak absorption system and Auto shut

off valve of chlorine tonner route valve with Five years Comprehensive maintenance as per

Tender’s specification at various WTP, ESR, Under ground of Navsari Municipal Corporation.

Sr. Estimated Cost of Project, in Rs.

No Name (Without GST Tax)

Capital O&M Total

Cost Cost Amount

SITC of Vaccume

WTP feed Chlorination

1 WPS Fixed throat OR 7,05,40,000.00 1,93,20,000.00

SWP Induction Unit type,

Auto shut off valve,

Scrubber etc with

The contractor Comprehensive

shall have to carry out the work as per tender specifications and good

engineering practices. The defect liability period shall be 5 years and contractor shall have

to maintain the above chlorination system with best industrial practice for 5 years from

the date of issue of completion certificate / successful commissioning.

Major civil works is already executed / under execution and bidders shall visit site and study

the site conditions prior to bidding. The civil G.A. Drawing of PS for which work is under

execution is also attached herewith for bidder’s reference only and may be subject to minor

changes during execution of civil works. Bidders are hereby advised to visit the pumping

station before bidding & get acquainted all details related to work.

GST Tax shall be paid extra as actual at the time of exact execution of job.

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2 : INFORMATION TO THE BIDDERS

:: INFORMATION TO THE TENDERER ::

1 Tender validity period 180 (one hundred eighty) calendar days

Amount of tender security

2 bond (Earnest Money) Rs.

Minimum amount of 5 (Five) percent of contract price or Total

3 performance bond price Estimated cost of tender, Whichever is

10 (Eight) months from notice to proceed

4 Time of completion

(including monsoon period)

5 (Five) Years after issuance of

5 Period of liability for defects the SITC certificate with Comprehensive

0.1 (zero point one) percent of the

contract value per each day of delay subject

6 Compensation for delay to a maximum up to 10 (ten) percent of the

contract value or as decided by the Municipal

Municipal Commissioner reserves the right

to reduce scope of work and entrust to

7 Remarks any other agency without assigning any

Signature of Contractor

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3 : TENDER DECLARATION FORM

The Municipal Commissioner

Navsari Municipal Corporation

Design, Engineering and SITC of Vacuum feed Chlorination Systems Fixed throat OR

Induction Unit type, Chlorine Leak absorption system and Auto shut off valve of chlorine tonner

route valve with Five years Comprehensive maintenance as per Tender’s specification at

various WTP, ESR, Under ground storage, Raw Water Storage of Navsari Municipal

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

documents comprising Notice Inviting Tenders, Articles of Agreement, Scope of work,

Definition of terms, Instructions to Bidder, Conditions of Contract, special conditions of

contract, Appendices, Specifications, Schedule of quantities and tendered drawings furnished

by The Navsari Municipal Corporation. I/We have satisfied myself/ourselves as to the location

of site, examined drawings.

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

all in accordance with the specifications, designs, drawings and instructions in writing referred

to in the said documents and with such materials as are provided for, at the respective rates

which I/We have quoted in the schedule-B or at such other rates as may be fixed under the

provisions of these conditions.

In the event of this Tender being accepted, I/We agree to enter into an agreement as and

when required and execute the Contract according to your Form of Agreement or in default

where of I/We bind myself/ourselves to forfeit the ‘Earnest Money Deposit’.

I/We understand that if I/We shall not enter in agreement within ten days from the date of

receipt of letter of acceptance, the Employer will forfeit the earnest money paid by me/us and

take necessary action as deemed fit.

I/We have enclosed a Demand draft / Cash deposit receipt as an “Earnest Money Deposit”

for the sum of Rs.8,98,600.00 the full value of which is to be absolutely forfeited to the

Employer should I/We fail to commence the works specified. Otherwise the said sum shall be

retained by the Employer as on account of such “Security Deposit” as provided for in the

aforesaid documents.

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

accordance with conditions in the aforesaid documents.

I/We understand that you are not bound to accept the lowest or any Tender which you may

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NAVSARI MUNICIPAL CORPORATION | WATER WORKS PROJECT | E-TENDER NO. 19 OF 2026-27

I/We am/are bound to execute the job if the work order is issued within 180 days from the date

of opening of the Tender.

I/We agree to pay the Government Income-Tax, GST, all the taxes and duties as applicable.

I/we agree that our rates are firm and fix without any price variations however the statutory

variation, if any, will be on account of Employer.

Yours faithfully,

Signature of Contractor

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NAVSARI MUNICIPAL CORPORATION | WATER WORKS PROJECT | E-TENDER NO. 19 OF 2026-27

STATEMENT OF FINANCIAL PARAMETERS

1. Annual turnover for last financial Three years

Average of last

Financial year 2023-24 2024-25 2025-26

2. Working Capital

Working Capital

As on date:-31/03/2026

01. The bidder shall have to submit the copies of Audited Report or certificate of

Chartered Accountant for last seven Financial Years. The bidder shall also have

to submit the Certificate regarding Turnover and Working Capital from the

registered Chartered Accountant.

Signature of Contractor

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NAVSARI MUNICIPAL CORPORATION | WATER WORKS PROJECT | E-TENDER NO. 19 OF 2026-27

INFORMATION REGARDING FINANCIAL CAPACITY OF THE TENDERER.

Sr. Details to Submitted

No Detail Amoun be Remark

1 Earnest Money Deposit EMD Details as per tender.

Solvency Certificate for all

bidder of current financial year

2. Solvency Certificates from the collector ofthe district

within which he

resides or a Banker’s

Certificate as peroftender.Original

Manufacturer / Authorized

Certificate of OEM/ Dealer of system of approved

Authorised Dealer make shall be attached. In case

3. of system of of authorization, the Bidder

approved make or should be Authorized

MOU etc dealer for current year and has

to submit back up guarantee

from the manufacturer for whole

Annual average contract

Certificates period

duly and defect

turnover for last liability period of

stamped from CA shall5 Years.

4. Seven Financial be attached with this schedule

Years. With along with the audited balance

Working capital sheets for the last Five financial

certification. years as

Data tender.to be filled in

Blank Data sheets to be

furnished as mentioned format attached in technical

7. in Technical bid specification and shall be

attached with this schedule.

A certified copy

Note: No Deviation with respect to technical guaranteed parameters and

commercial terms shall be acceptable.

Signature of the Tenderer with stamp: Company’s seal:

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The Contractor shall furnish the schedule for capacity in the following format for this

I. Annual average turnover for last Three financial years (A):

Financial Years:

II. Value of work the existing commitments and on-going works to be completed

during the next one year (B):

Name of work in progress

Available Bid Capacity-ABC must be more than the estimated tender cost.

Available Bid Capacity (ABC) will be derived by the following method.

ABC is calculated as

ABC=2*A*N-B Where,

A = Maximum value of works executed in any one year during the last seven years

(updated to present price level by applying enhancement factor) taking into

account the completed as well as works in progress.

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

B = Value (present price level by applying enhancement factor) of

commitments and on-going works to be completed during that next N

Signatures of the Tenderer with stamp Company’s Seal:

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

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DETAILS OF THE WORKS OF SIMILAR TYPE AND MAGNITUDE CARRIED OUT

BY THE TENDERER DURING LAST SEVEN YEARS PERIOD

Date of Completion

Place Date Prescribed Actual date

Sr. Name of Tendered Principal

and of date of of

No. Work Cost Features

State start completio completio

Note: Copy of original certificates duly notarized (original notarized copy) in support of above

requirements shall be enclosed in hard copy for verification, certified by the respective

employer or his authorized representative, not below the rank of an Executive Engineer or

equivalent. Original Certificates of the same shall be produced for verification on demand by

employer, failing which, will result in to rejection of tender.

If required separate sheet can be used for more details.

Signatures of the Tenderer with stamp Company’s seal:

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NAVSARI MUNICIPAL CORPORATION | WATER WORKS PROJECT | E-TENDER NO. 19 OF 2026-27

WORKS FOR WHICH BIDS ALREADY

Place Estimated Value Stipulated Date

Sr. Description when Remarks

and of works Rs. In period of

No. of work decision if any

State Lakhs completion

Signature of Contractor

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INFORMATION ON BID CAPACITY (WORK FOR WHICH BIDS HAVE BEEN SUBMITTED

AND WORKS WHICH ARE YET TO BE COMPLETED) AS ON THE DATE OF THIS BID

EXISTING COMMITMENTS AND ON-GOING WORKS

Contract Name and Value of

Place Stipulated works Anticipated

Sr. Address Contract

Description and No. period of remaining date of

no. of the Rupees

of Work state & Date completion to be completion.

Employer in Lakhs

Signature of Contractor

Note: Correct details of work on hand to be furnished. In case of hiding / not showing of the

details of work on hand, contractor shall not be considered technically qualified and their price

bid will not be opened.

If required separate sheet can be used for more details.

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DETAILS OF TECHNICAL PERSONNEL WITH TENDERER WHO ARE PROPOSED

FOR THIS CONTRACT.

experience Since

Sr. and details

Description how long

No Name Qualification of works Remarks

Category carried out with

Note: The complete bio-data of each personnel with qualification and experience

shall be furnished separately along with this schedule.

Signature of the Tenderer with stamp

Company’s seal:

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DETAILS OF THE EQUIPMENT IN POSSESSION OF THE CONTRACTOR AND

THE EQUIPMENT HE PROPOSES TO BRING TO THE SITE FOR THIS WORK

Sr. Age and Numbers the Numbers he

Description of the

No. Approximate Tenderer has proposes to

Value in possession bring on to site.

Tenderer hereby confirms that quantity and type of tools he will employ for execution

will not be less than those listed and agree to bring more equipment, if so warranted in

the opinion of the Engineer.

Signatures of the Tenderer with stamp

Company’s seal:

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NAVSARI MUNICIPAL CORPORATION | WATER WORKS PROJECT | E-TENDER NO. 19 OF 2026-27

(On Rs. 3 00/- Stamp paper with duly Notarized.)

hereby declare that our firm/Company is not blacklisted / and no

enquiries/cases are pending against us by Govt. of India / Govt. of Gujarat or

any State Board / Corporations / Urban Authority, since inception of the

firm / Company.

I further undertake that if above declaration is proves to be

wrong/incorrect r misleading, our Tender/Contract stands to be cancelled or

Signature of Authorized

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Application Form (A-1) General

1. Name of Applicant

2. Nationality of Applicant

4. Year and location of establishment

b) A proprietary firm

partnership d) A

limited company or

Corp. (if a firm in partnership)

Attach the organization chart showing

the structure of the organization including

the name of the Directors andposition of

Number of years of experience

a) As a Prime contractor

(Contractor shouldering major

responsibility)

b) As sub-contractor

(Specify main contractor)

For how many years has your

organization been in business of similar

8. work under it’s present name what were

your fields when your organization was

Were you ever disqualified /

considered ineligible for similar works?

Whether any new fields were added

to your organization? If, so, give

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11. Were you ever required to suspend

execution for period of more than Six months

continuously after you started? If so, give the

name of project and reasons

12. Whether you ever left the work awarded

to you incomplete?(if so, give name of

project and reasons for not completing

13. In how many of your projects penalties

were imposed for delays?

(Please give details)

14. In which field of electrical / mechanical

engineering do you claim specialization and

15. Give details of your experience in pumping

machinery for manufacture and quality

16. Give details of equipment, if any.

17. Give details of your plans for sub-

contracting if any, in terms of percentage

Signatures of the Tenderer with stamp

Name of Company &

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NAVSARI MUNICIPAL CORPORATION | WATER WORKS PROJECT | E-TENDER NO. 19 OF 2026-27

FORM OF CONTRACT AGREEMENT

This agreement is made on Date ___________ between Addl City Engineer Water works, of

Navsari Municipal Corporation, , Navsari. (Herein after called ‘the employer’) of the one part

after called as ‘the contractor’) of the other part.

Where as the employer is desirous that certain work should be executed by the Contractor,

viz, Supply, Installation, Testing & Commissioning (SITC) of Electro-Mechanical -

Instrumentation Works with 05 (Five) Year maintenance Under

____________________________________ at the tender cost & as per ( St com resolution

no-___________________). & Contractor had submitted Bank Guarantee / FDR of

____________ Bank, having No: ___________ of Rs. __________/- for validity of 06 Years

as a defect liability security deposit for this work.

1. In this agreement words and the expression shall have the same meaning as are

respectively assigned to them in the condition of the contracts hereinafter referred to the

following documents shall be deemed as to form and be read construed as part of this

agreement, viz-

a) The contract agreement.

b) The letter of acceptance.

c) Volumes of The Technical & price Bid.

d) Information to the bidder.

e) General conditions.

f) The specifications.

g) The schedules, Drawings.

h) Corrigendum’s.

i) Minutes of pre-bid meeting.

2. In consideration of payment to be made by the employer to the contractor as hereinafter

mentioned, the contractor hereby covenants with the employer to execute and complete

the work and remedy any defects therein conformity in all respects with the provisions of

the contracts & tender bid.

3. The employer here by covenants to pay the contractor in consideration of the execution

and completion of the work and remedying of defects therein the contracts price or such

other sum as may become payable under the provision of the contract at the times and

in the manner prescribed by the contract.

4. If time limit for this contract shall extended for suitable period on mutual consent at that

time this agreement shall deemed valid for such extended period.

5. Total responsibility towards Employee’s Provident Fund (E.P.F.) & Employee’s State

Insurance (E.S.I.) & all other statutory requirement for the employee engaged by the

contractor under this contract shall on the part of contractor/bidder/employer. Navsari

Municipal Corporation will not be responsible/answerable for the E.P.F & E.S.I. of

employee engaged by the contractor/ employer under this contract.

In witness thereof the parties here to have caused this agreement to be executed on the day

and year first above mentioned.

Addl City Engineer (w.w.) For. (Signature & common seal

Water Works M/s,

Navsari Municipal Corporation.

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Navsari Municipal Corporation.

Navsari Municipal Corporation.

Seal of Navsari Municipal Corporation

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FORM OF PERFORMANCE SECURITY (BANK GUARANTEE)

WHEREAS _________________________ (name and address of Contractor) (hereinafter

called “the Contractor”) has undertaken, in pursuance of Contract No. ________ dated

______________ to execute ___________________ (name of Contract and brief description

of Works) (hereinafter called “the Contract”);

AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall

furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as

security for compliance with his obligations in accordance with the Contract;

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

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you as

principal obligator, on behalf of the Contractor, unconditionally and irrevocably guarantee the

payment of an amount to total of Rs. ______________________________ (amount of

Guarantee) ____________________________________ (amount in words), such sum being

payable in the types and proportions- of currencies in which the Contract Price is payable and

we undertake to pay you upon your first written demand and without cavil or argument, any

sum or sums within the limits of __________________________ (amount of Guarantee) as

aforesaid without your needing to prove or to show grounds or reasons for your demand for

the sum specified therein.

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

presenting us with the demand.

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

Contract or of the Works to be performed there under or of any of the Contract documents

which may be made between you and the Contractor shall in any way release us from any

liability under this guarantee, and we hereby waive notice of any such change, addition or

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

SIGNATURE AND SEAL OF THE GUARANTOR

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INSTRUCTIONS TO TENDERER

The contract documents may be secured in accordance with the Notice Inviting Tender

for the work called. The work shall include supply of materials and necessary

installation and dismantling of the work.

IT-02 INVITATION TO TENDER:

The Navsari Municipal Corporation hereinafter referred so as the Corporation will

receive tenders for the work of as per the specifications and schedule of prices in the

tender document. The tenders shall be opened in the office of the Executive Engineer

in the presence of tenderers or their representatives who are present. The Corporation

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

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

tenderer shall have no cause of action or claim against the Corporation or its officers,

employees, successors or assignees for rejection of his tender.

IT-03 LANGUAGE OF TENDER:

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

IT-04 QUALIFICATIONS OF TENDERERS:

Specified in E-Tender notice.

IT-05 TENDER DOCUMENTS:

Tenderers to note last date and time of submission of Tenders. The prices shall have

to be quoted online whereas the draft of tender fee as well as bid security and other

technical documents are to be certified by self which are to be submitted in hard copy

within 3(three) Days from the date of online submission of price bid. The documents

to be submitted either by Speed Post or Registered Post at address mentioned in

check list in the document.

IT 6. EXAMINATION BY BIDDERS

A. At this own expense and prior to submitting his e-Tender, each Bidder shall (a)

examine the Contract Documents, (b) visit the site and determine local conditions

which may affect the work including the prevailing wages and other pertinent cost

factors, (c) familiarize, himself with all central, state and local laws, ordinance, rules

regulations and codes affecting the material supply including the cost of permits and

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

determinations with the requirements of the e-TENDER Documents, site & subsoil

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B. The e-Tender is invited on percentage rate on BOQ items and contractor shall have to

respect as stated in the e-Tender document to the satisfaction of the Corporation.

C. The Contract Documents comprises as under:

e-TENDER Document:

Volume-I (Technical bid)

1. Notice inviting Bidders.

2. Information to the Bidder.

3. E-TENDER declaration form

5. Instructions to the Bidder.

7. General conditions of contract

8. Technical specifications

Volume-II (Price bid)

a. Information To Bidder

D. Copy of the E-TENDER Document should be completed, checked in a responsible

manner, digitally signed, and submitted. Security Bond shall be submitted in person by

the stipulate date, which shall form the e-Tender.

The e-Tender is required to complete with all the pages in which entries are required

to be made by the Bidder are contained in the e-Tender documents and the Bidder

shall not take out or add to or amend the text of any of the documents except in so far

as may be necessary to comply with any addenda issued pursuant to Clause IT.

IT-07 EARNEST MONEY DEPOSIT:

A. Each tender must be accompanied by a receipt of deposit as tender guarantee in the

form of Earnest Money of Rs.8,98,600.00 in the form of crossed Demand Draft of any

any nationalized or Schedule Bank except co-operative banks acceptable to owner

drawn in favor of the Navsari Municipal Corporation, payable at Navsari. The tender

Bond shall be valid for a period of not less than 120 days from the date the tenders are

opened and shall comply with the requirements for Bond as stipulated in the General

Conditions of Contract. The tender guarantee Bond will be held by the owner as a

guarantee that the tenderer, if awarded the contract, will enter into the contract

agreement in good faith and furnish the required bonds. Any tender not accompanied

by a tender guarantee in the form of Earnest Money Deposit by Bank Draft for the sum

stipulated in the tender document will be summarily rejected.

B. The Earnest Money Deposit will be refunded to the unsuccessful tenderers only after

decision of work award.

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C. The Earnest Money Deposit (Tender Guarantee) will be forfeited in the event, the

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

Guarantee Bonds" to the Owner as stipulated in this tender document within Fifteen

(15) days after receipt of Notice of award of contract.

D. The Earnest Money Deposit of the successful tenderer shall be returned after the

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

E. No interest shall be paid by the owner on any tender guarantee.

IT-08 PREPARATION OF TENDER DOCUMENTS:

Tenderers are required to note the following while preparing the tender documents:

A. Tender shall be submitted online in English. All appendices and statements shall be

properly filled in. Numbers shall be stated both in words and in figures where so

indicated, and the signature of all persons signing shall be in longhand.

B. Percentage, prices, wordings and notations must be properly uploaded. All entries or

prices and arithmetic shall be checked before submission of the Tenders. If there is

discrepancy between the rates quoted in figures and in words, the rates expressed in

words shall be considered as binding.

C. Hard copies of technical bid shall be accompanied by the prescribed tender security

bond and other required documents and drawings. All witnesses and sureties shall be

persons of status and probity and their full names, occupations and addresses shall

be stated below their signature.

D. Variation to the contract documents requested by the tenderer may be affixed and duly

signed and stamped. Such variations may be approved or refused by the

Commissioner only he is not obliged to give reason for his decision.

E. Submission of tenders shall be online and will comply with the Notice Inviting Tenders

as to place, date and time. Tenders and tender security shall be enclosed with the

original copy of tender documents and shall be put in a sealed envelope.

IT-9 SUBMISSIONS OF TENDER DOCUMENTS:

Tenderers are requested to submit the Tender Documents on following lines:

The price bid shall be submitted online on or before due date and hard copies of

technical bid and original DD of EMD and tender fee etc. shall have to be submitted

within stipulated time period mentioned in e-tender notice.

The hard copies of documents should be submitted either by registered post/Speed

The time limit for receipt of tender shall strictly apply in all cases. The tenderers should

therefore ensure that their tender is received by the competent authority (Navsari

Municipal Corporation) at the required place before expiry of the time limit. No delay

on account of any cause for receipt of tender shall be entertained. Tenders received

after the time limit is over will not be accepted and inadvertently accepted, will not be

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opened and will be returned unopened. Tenders which may get opened before the due

date with no indication, having been given on the outside of the envelopes of containing

a tender is liable to be rejected.

The tender must contain the name address and residence and place of business of

the person or persons submitting the tender and must be signed and sealed by the

tenderer with his usual signature.

Tenders by partnership firm must be furnished with the full names and addresses of

all partners and be signed by one of the members of the partnership or by a legally

authorized representative holding power of attorney followed by a signature and

designation of the person of person signing.

Tenders by Corporation / Companies must be signed with the legal names of the

Corporation / Companies by the President / or by the Secretary or other person or

person legally authorized to bind the Corporation / Company in the matter.

IT-10 TENDER VALIDITY PERIOD:

The validity period of the tender submitted for this work shall be of 180 Calendar days

from the date of opening of the tender and that the tenderer shall not be allowed to

withdraw or modify the tender offer on his own during the validity period. The tenderer

will not be allowed to withdraw the tender or make any modifications or additions in the

terms and conditions on his own tender. If this is done then the owner shall, without

prejudice to any other right or remedy, be at liberty to reject the tender and forfeit the

Earnest Money Deposit in full.

IT-11 GENERAL PERFORMANCE DATA:

Tenderers shall present all the information which sought for in the tender document in

form of various schedules. Tenders may not be considered if every 'Blank' and the

schedules are not property filled in before submission of the tender.

IT-12 SIGNING OF TENDER DOCUMENTS:

If the tender is made by an individual, it shall be signed with his full name above his

current address. If the tender is made by a proprietary firm it shall be signed by the

proprietor above his name and the name of his firm with his current address.

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

the firm above their full names and current address, or by a partner holding the power

of attorney for the firm, in which case a certified copy of the power of attorney shall

accompany the Tender. A certified copy of the partnership deed, current addresses of

all the partners of the firm shall also accompany the Tender.

If the tender is made by a Limited Company or a Limited Corporation, it shall be signed

by a duly authorized person holding the power of attorney, shall accompany the tender.

Such Limited Company or Corporation may be required to furnish satisfactory

evidence of its existence before the contract is awarded.

Joint Venture is not permitted.

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

occupations and addresses shall be stated below their signatures. All signatures in the

tender document shall be dated.

JOINT VENTURE IS NOT PERMITTED.

IT-13 WITHDRAWAL OF TENDERS:

If during the tender validity period, the Tenderer withdraws his tender, the tender

security (Earnest Money) shall be forfeited.

IT-14 INTERPRETATIONS OF TENDER DOCUMENTS:

Tenderers shall carefully examine the Tender Document and fully inform themselves

as to all the conditions and matters which may in any way affect the work or the cost

thereof. Should a tenderer find discrepancies or omission from the specifications or

other documents or should be in doubt as to their meaning, he should at once address

query to the Deputy Engineer / Executive Engineer, Navsari Municipal Corporation.

Any resulting interpretation of the Tender will be issued to all Tenderers as Addendum.

IT-15 ERRORS AND DISCREPANCIES IN TENDERS:

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

words shall prevail and apply in such cases.

IT-16 MODIFICATION OF DOCUMENTS:

Modification of specifications and extension of the closing date of the tender, if

required, will be made by an Addendum. Copy of each Addendum will be uploaded on

the website www.rmc.nprocure.com. These shall be signed and shall form a part of

tender. The tenderer shall not add to or amend the text of any of the documents except

in so far as may be necessary to comply with any Addendum.

Addenda form part of the Contract Documents, and full consideration shall be given to

all Addenda in the preparation of tender. Tenderers shall verify the number of Addenda

issued, if any and acknowledge the receipt of all Addenda in the Tender. Failure to so

acknowledge may cause the tender to be rejected.

A. The owner of the in charge may issue Addenda to advise Tenderers of changed

requirements. Such Addenda may modify previously issued Addenda.

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

IT-17 TAX AND DUTIES ON MATERIALS:

Quoted price will be firm & fix with of all taxes, duties what so ever in force or may be

imposed by Government in any manner shall be on account of bidder/Contracting

agency. No price escalation or variation shall grant or paid by Navsari municipal

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IT-18 EVALUATION OF TENDERS:

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

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

the specifications, relative quality, the operation, maintenance and replacement cost

of structure and plant. Evaluation criteria specifically mentioned in the specification will

also be taken into consideration in the evaluation of tenders.

IT-19 TIME REQUIRED FOR COMPLETION:

The completion period mentioned in this schedule is to be reckoned from the date of

firm work order to proceed. Total completion period is 08 Months from the date of issue

of from work order to proceed and contractor should adhere to this completion time.

Comprehensive maintenance shall be for the 60 Months.

IT-20 POLICY FOR TENDER UNDER CONSIDERATION:

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

time any official announcement or award is made.

While tenders are under consideration, tenderers and their representative or other

interested parties are advised to refrain from contacting by any means any

Corporation's personnel or representatives on matters related to the tenders under

study. The Corporation representatives if necessary, will obtain clarification on tenders

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

personal contact, as may be necessary. The tenderer will not be permitted to change

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

tender price revision. Non-compliance with his provision shall make the tender liable

IT-21 PRICES AND PAYMENTS:

The tenderer must understand clearly that the prices quoted are for the total works or

the part of the total works quoted for an include all costs due to materials labour,

equipments, supervision, other services, royalties, octroi, taxes, etc., and to include all

extra to cover the cost. No claim for additional payment beyond the prices quoted will

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

IT-22 PAYMENT TERMS:

The terms of payment are defined in the General Conditions of Contract and Technical

specifications. The Corporation shall not under any circumstances relax these terms

of payment and will not consider any alternative payment terms. Bidders should

therefore in their own interest note this provision to avoid rejection of their e-Tenders.

Award of the contract or the rejection or tenders will be made during the tender validity

period stated in the Notice Inviting Tenders.

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

the successful Tenderer shall execute the Contract Agreement within the time

stated in the Notice Inviting Tenders and shall furnish the Bond as required

herein. The contract Agreement shall be executed in form stipulated by the

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

Contract Agreement within the stated time limit or fails or refuses to furnish the

Bond as required herein, the owner may annual his award and declare the

tender security forfeited and will take action as deemed fit.

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

receiving the award shall furnish evidence of its existence and evidence that

the officer signing the contract agreement and Bonds for the Corporation,

Partnership firm or other consortium acting as the Tenderer is duly authorized

IT-24 SIGNING OF CONTRACT:

The successful tenderer shall be required to execute the contract agreement within

days of receipt of intimation to execute the contract, failing which the R.M.C. will be

entitled to annual the award and forfeit the Earnest Money Deposit.

IT-25 DISQUALIFICATIONS:

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

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

opened before the due date of opening.

b. The tender Security Deposit and tender fee is not deposited in full and in the

manner as specified.

c. The tender documents are not signed by an authorized person.

d. The general performance data for qualification is not submitted fully.

e. Tenderer does not agree to payment terms defined as specified in tender

f. Authorization from approved Chlorinator, Auto shut off Valve, Scrubber

Manufacturer is not provided.

B. A tender may further be disqualified if,

a. Price variation is proposed by the Tenderer on any principle other than those

provided in the Tender Documents.

b. Completion schedule offered is not consistent with the completion schedule

defined and specified in tender document.

c. The validity of tender is less than that mentioned in Tender document.

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

e. All corrections or posted slips are not initiated by tenderer.

f. Any condition which affect the cost.

g. After opening of the Technical Bid till final evaluation, if any agency will try to

pressurize the evaluation committee through various means. The offer of such

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bidder will be found non-responsive and he will not be entitled to quote their

prices in any of the tender of Navsari Municipal Corporation for the period of

IT-26 PERFORMANCE GUARANTEE (SECURITY DEPOSIT):

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

performance guarantee (Security Deposit) for the amount of 5 % of the contract price

or Estimated cost of tender whichever is higher to guarantee the faithful performance,

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

conditions and terms specified herein and to the satisfaction of the Engineer-in-charge

and ensuring the discharge of all obligations arising from the execution of contract in

one of the forms mentioned below:

a. In form of demand draft payable at NAVSARI of any Nationalized or Scheduled

Bank in favour of NAVSARI MUNICIPAL CORPORATION.

b. A fixed deposit receipt or Bank Guarantee of any Nationalized or Scheduled

Bank other than Co-operative Bank or Government securities duly endorsed in

favour of the "Navsari Municipal Corporation".

The performance guarantee shall be delivered to the Corporation within Ten (10) days

of the notice of award and at least three (3) days before the contract agreement is

signed unless otherwise specified by the Engineer-in-charge.

On due performance and completion of the contract in all respects, THE

PERFORMANCE GUARANTEE WILL BE RETURNED TO THE CONTRACTOR

WITHOUT ANY INTEREST AFTER THE DEFECT LIABILITY PERIOD IS OVER.

IT-27 STAMP DUTY:

The successful Tenderer shall have to enter into an agreement on a non- judicial

stamp paper as per stamp duty act in the prescribed form of the agreement

approved by the Corporation. The cost of stamp paper and adhesive stamp

shall be borne by the contractor.

IT-28 BRAND NAMES:

Specific reference in the specifications to any material by manufacturer's name, or

catalogue shall be constructed as establishing a standard or quality and performance

and not as limiting competition and the tenderer in such cases, may at his option freely

use only other product, provided that it ensures an equal of higher quality than the

standard mentioned and meets Corporation approval.

IT-29 NON-TRANSFERABLE:

Tender documents are not transferable.

IT-30 COST OF TENDERING:

The owner will not defray expense incurred by tenderers in tendering.

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IT-31 EFFECT OF TENDER:

The tender for the work shall remain in force for a period of 120 calendar days from

the date of opening of the tenders for this work and that the tenderer shall not be

allowed to withdraw or modify the offer in his own during the period. If any tenderer

withdraws or makes any modifications or additions in the terms and conditions of his

own tender, then the Corporation shall, without prejudice to any other right or remedy,

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

IT-32 CHANGE IN QUANTITY:

The Corporation reserves the right to waive any information in any tender and to reject

one or all tenders without assigning any reasons for such rejection and also to vary the

quantities of items or groups as specified in the schedule of prices as may be

IT-33 NEW EQUIPMENT AND MATERIAL:

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

coming from manufacturer's plant to the Corporation. The rebuilt or overhauled

equipment / materials will not be allowed to be used on works.

IT-34 RIGHTS RESERVED:

The owner further reserves the right to reject any or all tenders, to waive any

information or irregularity in any tender without assigning any reason.

The owner further reserves the right to withhold issue of work order even after

agreement and no additional payment will be made to the successful tenderer on

account of such withholding. The owner is not obliged to give reasons for any such

IT-35 Municipal Commissioner reserve right to reduce the scope of work and split the

tender on two or more parts without assigning any reason even after the awards

IT-36 No mobilization advance or advance on machinery will be given.

IT 37 CONDITIONAL e-TENDERS

The scope of work is clearly mentioned in the e-Tender documents. The

contractor shall have to carry out the work in accordance with the details

specifications. No condition will be accepted. The conditional e-Tender will liable

to be rejected.

IT 38 1% CESS & REGISTRATION (IF APPLICABLE):

For the welfare of labour working under construction Industry, the agency shall have

to take the registration with competent authority as per a c t of Government

of Gujarat. Navsari Municipal Corporation will deduct 1% Cess of the value of

work and will deposit the same in Government.

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IT 39 PROFESSIONAL TAX

The bidder shall have to pay the Professional Tax for last / current financial

year imposed by Government of Gujarat, and also produced Enrollment Certificate

Signature of Contractor Dy. Municipal Commissioner

Navsari Municipal Corporation

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GENERAL CONDITIONS OF CONTRACT

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TABLE OF CONTENTS

No. Description

GC-1 Definitions and Interpretations

GC-2 Location of site and accessibility

GC-3 Scope of work

GC-4 Ruling language

GC-5 Interpretation of Contract Document

GC-6 Contractor to understand himself fully

GC-7 Errors in submissions

GC-8 Sufficiency of e-TENDER

GC-9 Discrepancies

GC-10 Performance Guarantee (Security Deposit)

GC-11 Inspection of work

GC-12 Defect Liability

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

GC-14 Programme

GC-15 Sub-letting of work

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

GC-17 Time for completion

GC-18 Extension of time

GC-19 Contract Agreement

GC-20 Liquidated damages

GC-21 Forfeiture of Security Deposit

GC-22 Action of Forfeiture of Security Deposit

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

GC-24 In the event of death of contractor

GC-25 Members of the owner not individually liable

GC-26 Owner not bound by personal representations

GC-27 Contractor's office at site

GC-28 Contractor's subordinate staff and their conduct

GC-29 Termination of sub-contract by owner

GC-30 Power of entry

Contractor's responsibility with the other Contractor and

GC-32 Other Agencies at site

GC-34 Rights of various interests

GC-35 Price adjustments

GC-36 Terms of Payment

GC-37 Retention Money

GC-38 Payments due from the Contractor

GC-39 Contingent Fee

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No. Description

GC-40 Breach of Contract by Contractor

GC-41 Default of Contractor

GC-42 Bankruptcy

GC-43 Ownership

GC-44 Declaration against waiver

GC-45 Laws governing the contract

GC-46 Over payment and under payment

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GC-47 Settlement of disputes

GC-48 Disputes of differences to be referred to

GC-49 Arbitration

GC-50 Termination of the Contract

GC-51 Special risks

GC-52 Change in Constitution

GC-53 Sub-contractual relations

GC-54 Patents and Royalties

GC-56 Execution of work

GC-57 Work in monsoon

GC-58 Work on Sundays and Holidays

GC-59 General Conditions for construction work

GC-60 Drawings to be supplied by the Owner

GC-61 Drawings to be supplied by the Contractor

GC-62 Setting outwork

GC-63 Responsibilities of Contractor for correctness of work

GC-64 Materials to be supplied by the Owner

GC-65 Conditions of issue of materials by the Owner

GC-66 Materials procured with assistance of the Owner

GC-67 Materials obtained from dismantling

GC-68 Article of value of treasure found during construction

GC-69 Discrepancies between instructions

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

GC-71 Action when no specifications are issued

GC-72 Abnormal rates

GC-73 Assistance to Engineer-In-Charge

GC-74 Tests for quality of work

GC-75 Action and compensation in case of bad workmanship

GC-76 Suspension work

GC-77 Owner may do part of the work

GC-78 Possession prior to completion

GC-79 Completion Certificate

GC-80 Schedule of Rates

GC-81 Procedure for measurement of work in progress

GC-82 Running account payments to be regarded as advances

GC-83 Notice for claim for additional payment

GC-84 Payment of Contractor's Bill

GC-85 Final Bill

GC-86 Receipt for payment

GC-87 Completion Certificate

GC-88 Taxes, Duties, etc.

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GC-47 Settlement of disputes

GC-89 Insurance

GC-90 Damage to Property

GC-91 Contractor to Indemnify Owner

GC-92 Implementation of Apprentice Act

GC-93 Health and Sanitary arrangements for workers

GC-94 Safety Code

GC-95 Accidents

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GC-01 DEFINITIONS AND INTERPRETATIONS:

1.0 In the contract (as hereinafter defined) the following words and

expressions shall, unless repugnant to the subject or context thereof, have the following

means as signed to them.

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

Municipal Commissioner or other Officers authorized by the Corporation and also include

owner's successors and assignees.

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

has been accepted by the Owner and includes the Contractors legal representative, his

successors and permitted assigned.

1.3 The "Engineer-In-Charge" shall mean the person designated as such by the owner from

time to time and shall include those who are expressly authorized by the Corporation to act

for and on its behalf for all functions pertaining to the operation of this contract.

1.4 Engineer-In-Charge's Representative shall mean any resident Engineer or Assistant

to the Engineer-In-Charge appointed from time to time by the owner to perform duties set

forth in the e-TENDER Document whose authority shall be notified in writing to the

Contractor by the Engineer- In-Charge.

1.5 "e-TENDER" – the offer or proposal of the Tenderer submitted in the prescribed

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

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

1.7 "Addenda" shall mean the written or graphic notices issued prior to

submission of e-Tender which modify or interpret the contract

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

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

including therein all contract documents.

1.10 "Contract Document" shall mean collectively the e-Tender documents,

designs, drawings, specifications, agreed variations, if any and such other documents

constituting the e-Tender and acceptance thereof.

1.11 "The Sub-Contractor" shall mean any person, firm or company (other than the

Contractor) to whom any part of the work has been entrusted by the Contractor with the

written consent of the Engineer-In-Charge and the legal representative successors and

permitted assignee of such person, firm or company.

1.12 The "Specifications" shall mean all directions, the various Technical

Specifications, provisions and requirements attached to the contract which pertains to

the method and manner of performing the work, to the quantities and qualities of the work

and the materials to be furnished under the contract for the work and any order(s) or

instruction(s) there under. It shall also mean the latest Bureau of

Indian standard Specification relative to the particular work or part thereof, so far

as they are not contrary to the e- TENDER specifications and in absence of any other

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Country applied in Indian as a matter of standard engineering practice and approved in

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

1.13 The "Drawings" shall include maps, plans, tracings, or prints thereof with any modification

approved in writing by the Engineer-In-Charge and as such other drawings as may, from

time to time, be furnished or approved in writing by the Engineer-In-Charge in connection

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

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

works as required for the purpose of the contract. It shall mean the totality of the work

by expression or implication envisaged in the contract and shall include all materials,

equipment and labour required for or relative or incidental to or in connection with the

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

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

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

1.17 The "Temporary Work" shall mean all temporary works of every kind

required in or about the execution, completion and maintenance of the work.

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

works are to be carried out and any other lands or places provided by the Corporation

for the purpose of the contract together with any other places designated in the contract

as forming part of the site.

1.19 The "Construction Equipment" shall mean all appliances / equipment of whatever

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

works (as herein before defined) but does not include materials or other things intended

to form or forming part of the permanent work.

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

delivered personally or sent by Registered Post to the last known private or business

address or Registered Office of the Contractor and shall be deemed to have been

received in the ordinary course of post it would have been delivered.

1.21 The "Alteration / variation order" shall mean an order given in writing by the

Engineer-In-Charge to effect additions or deletions from or alterations in the work.

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

provisions of the contract.

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

Charge when the work has been completed and tested to his satisfaction.

1.24 The "Final Certificate" shall mean the final certificate issued by the

Engineer-In-Charge after the period of defects liability is over and the work is finally

accepted by the owner.

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

Certificate and the issue of final certificate during which the Contractor is responsible for

rectifying all defects that may appear in the works.

1.26 "Approved" shall mean approved in writing including subsequent

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confirmation in writing of previous verbal approval and "Approval" means approved in

writing including as aforesaid.

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

been accepted in accordance with the provisions contained therein.

1.28 "Order" and "Instructions" shall respectively mean any written order or instruction

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

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

Contractor during the progress of work on the basis of work done and the supply of non-

perishable materials to be incorporated in the work.

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

performance of the contractual obligations.

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

Commissioner, Navsari Municipal Corporation.

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

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

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

GC-02 LOCATION OF SITE AND ACCESSIBILITY:

The work is to be carried out a t v a r i o u s p r e m i s e s o f R M C a s s p e c i f i e d i n

t e n d e r w h i c h a r e city area & in the periphery of RMC Limits. Non-availability of

access roads shall in no case be the cause to condone delay in the execution of the

work and no claim or extra compensation will be paid. Also work is to be carried

out in residential area and as such excavation will be carried out in hard rock with

controlled blasting and at low charge.

GC-03 SCOPE OF WORK:

The scope of work is defined broadly in the special conditions of contract and

specifications. The Contractor shall provide all necessary materials, equipment and

labor etc. for the execution and maintenance of the work.

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

procurement and use.

If RMC have power connection on site contractor can use power for the installation work

otherwise The Contractor shall make his own arrangement at his cost for power supply

during installation.

During Operation & Maintenance works required filled chlorine tonner – cylinder, power

supply & water shall be provided by RMC and its charges shall be borne by RMC. All other

equipments / parts and consumables required for satisfactory running of entire

chlorination system is in the scope of contracting agency under the comprehensive

maintenance schedule..

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

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

godown, etc. The Contractor shall have to make his own arrangement for the

GC-04 RULING LANGUAGE:

The language according to which the contract shall be construed and interpreted shall

be English. All entries in the contract document and all correspondence between the

contractor and the Corporation or the Engineer-In-Charge shall be in English/Gujarati.

All dimensions for the materials shall be given in metric units only.

GC-05 INTERPRETATION OF CONTRACT DOCUMENT:

1. The provision of the General Conditions of Contract and Special

Conditions of Contract shall prevail over those of any other documents of the contract

unless specifically provided otherwise, should have there be any discrepancy,

inconsistency, error or omission in the several documents

forming the contract, the matter may be referred to the Engineer-In-Charge for

his instructions and decision. The Engineer-In- Charge's decision in such case

shall be final and binding to the Contractor.

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

specifications or described in the specifications without showing on the drawings shall

be taken as described in the specifications and shown on the drawings.

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

Contract or to the specifications or to any other part of e- Tender documents are

solely for the purpose of giving a concise indication and

not a summary of contents thereof. They shall never be deemed to be part thereof

or be used in the interpretation or construction of the contract.

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

the plural and vice-versa wherever the context so requires. Works imparting persons

shall include relevant Corporations / Body of individual / firm of partnership.

5. Notwithstanding the sub-division of the documents into separate section and

volumes every part of each shall be supplementary to and

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

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

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

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

appears, the provisions of the special conditions of contract shall be deemed to over ride

the provisions of General Conditions of Contract to the extent of each repugnancy of variance.

7. The materials, design, and workmanship shall satisfy the relevant ISS, and codes referred

to. If additional requirements are shown in the specifications, the same shall be satisfied

over and above ISS and other codes.

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

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

9. Contractor to Collect His Own Information - The details given in the e-Tender are

arranged making necessary investigations for framing an estimate. However, when the

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

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formation of soil, strata in Navsari District. It is, therefore, desirable that the Contractor

makes his own investigations or additional investigations as may be required for

correctly assessing the cost of different items of work and submit his e-Tender accordingly. Any

change in description or quantity of an item shall not vitiate the contract or release the

Contractor from executing the work comprised in the contract according to the drawings and

specifications at the e-Tendered rates.

He is deemed to have know the scope, nature and magnitude of the work and the

requirements of materials and labour involved and as to whatever work he has to complete

in accordance with the contract. The Contractor is expected to visit the site and

surroundings to satisfy himself as to the nature of all existing structures, if any, and also as

to the nature and the conditions of railways, roads, bridges and culverts, means

of transport and communications whether by land, air or

water and as to possible interruptions thereto and the access and gross

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

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

accommodation and make such enquiries as may be necessary for executing and

completing the work, to have local enquiries as to the sub- soil, subsoil water and variation

thereof, storms, prevailing winds, climatic conditions and all other similar matters, effecting

work. He is expected to be familiar with his liability for payment of Government

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

of this contract.

GC-06 CONTRACTOR TO UNDERSTAND HIMSELF FULLY :

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

considerations and circumstances affecting the e- Tender price,

as to the possibility of executing the works as shown and described in the contract

and to have fixed his prices according to his own view on these matters and to have

understood that no additional allowances except as otherwise expressly provided,

will afterwards be made beyond the contract price. The Contractor shall be

responsible for any misunderstanding or incorrect information, however,

GC-07 ERRORS IN SUBMISSIONS :

The Contractor shall be responsible for any errors or omissions in the particulars

supplied by him, whether such particulars have been approved by the Engineer-In-

GC-08 SUFFICIENCY OF e-Tender :

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

the correctness of the e-Tender rates which rates shall, except as otherwise provides

for, cover all the Contractor's liabilities and

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

compliance with requirements of Article GC-19 thereof.

GC-09 DISCREPANCIES :

The drawings and specifications are to be considered as mutually explanatory of

each other, detailed drawings being followed in preference to small-scale

drawings and figured dimensions in preference to scale and special conditions in

preference to General Conditions. The special directions or dimensions

given in the specifications shall supercede all else. Should any discrepancies

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however, appear or should any misunderstanding arise as to the meaning and

intent of the said specifications or drawings, or as to the dimensions or the quality

materials or the due and proper execution of the works, or as to the measurement

or quality and valuation of the work executed under this contract or as extra there

upon, the same shall be explained by the Engineer-In-Charge and his explanation

shall be subject to the final decision of the Municipal Corporation in case reference

be made to it, be binding upon the Contractor and the Contractor shall execute the

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

contract price and shall also do all such works and things necessary for the proper

completion of the works as implied by the drawings and specifications, even

though such works and things are not specially shown and described in the said

specifications. In cases where no particular specifications are given for any article

to be used under the contract, the relevant specifications of the Indian Standard

Institution shall apply.

GC-10 PERFORMANCE GUARANTEE (SECURITY DEPOSIT):

1. may pay 2.5% of the value of works as initial security deposit and the balance 2.5% shall

be recovered in installments through deductions at the rate of 10 (ten) percent of the

value of each Running Account Bill till the total security execution exceeds the accepted

value of e-Tender because of allotment of further work, further recoveries towards

security deposit shall be effected at 10% of the R A Bills to make up the five percent

security deposit of the revised value of contract. Alternatively, the Contractor may at his

option deposit the full amount of 5 percent of security deposit within ten days of receipt

by him of the notification accepting the e-Tender in the form as aforesaid.

2. If the Contractor, or their employees shall break, deface or destroy any property

belonging to the owner or other agency during the execution of the contract, the same

shall be made good by the contractor at his own expense and in default thereof, the

Engineer-In-Charge may cause the same to be made good by other agencies and

recover expense from the Contractor (for which the certificate of the Engineer-In-Charge

shall be final). These expenses can be recovered from the security deposit if recovery

from other sources is not possible. The amount as reduced in security deposit will be

made good by deduction from the next R A Bill of the Contractor.

GC-11 INSPECTION OF WORK :

1. The Engineer-In-Charge shall have full power and authority to Inspect the work at

any time wherever in progress either on the site or at the Contractor's or any other

manufacturer's workshop or factories wherever situated and the Contractor shall

afford to Engineer-In-Charge every facility and assistance to carry out such

inspection. Contractor or his authorized representative shall, at all time during the

usual working hours and all times when so notified, remain present to receive orders

and instructions. The Employer/Client may check the operation of the Facilities or

designate an organization of his choice to carry out inspections regularly for this

Orders given to Contractor's representative shall be considered to have the same

force as if they had been given to the Contractor himself. Contractor shall give

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

up or otherwise placing beyond reach of inspection and measurement any work in

order that the same may be inspected and measured. In the event of breach of the

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above, the same shall be uncovered at Contractor's expenses for carrying out

such inspection or measurement.

2. The material shall be dispatched from Contractor's store on site of work after

obtaining approval in writing of the Engineer-In-Charge. Contractor shall provide at

all times during the progress of work and maintenance period of proper means of

access with ladders, gangways, etc. and make necessary arrangement as directed

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

3. Bidder shall note that materials which is to be supplied for SITC under this tender will be

inspected by Third Party Inspection(TPI) agency approved by RMC & its Quality

Acceptance(QA) certificate must be produce with materials. The cost of TPI is to be borne

by contractor. The TPI will be from any Government undertaking agency i.e RITES,CEIL,

MACON, SGS, WAPCOS or Gujarat Water Supply & Sewage Board approved Third

Party Inspection(TPI) agency .

4. Inspection and Tests: The purchaser (client) or its representative shall have the

right to inspect and / or to test the Goods for confirm their conformity to the Contract.

The special conditions of the contract and / or the Technical Specifications shall specify

what inspections and tests the Purchaser requires and where they are to be conducted.

If not specified or notwithstanding any mention, the contractor shall submit the

inspection plan of all major bought-out items for approval with client specifying the

stages of inspection as per manufacturer’s quality plan and shall arrange to carry out the

inspection along with client or it’s representative at manufacturer’s works as per the

approved plan. The Purchaser shall notify the Contractor in writing of the identifying of

any representatives retained for these purposes. All the expenses viz. lodging

& boarding, transportation, all facilities as required for this purpose shall be borne by

the successful bidder for up to three persons of client.

GC-12 DEFECT LIABILITY:

1. Contractor shall guarantee the work for a period of 60 Months from the date of issue

of Completion Certificate. Any damage or defect that may arise or that may remain

undiscovered at the time of issue of Completion Certificate connected in any

way with the equipment or materials supplied by him or in the workmanship shall be

rectified or replaced by Contractor at his own expense as desired by Engineer-In-

Charge or in default Engineer-In-Charge may cause the same to be made good by

other agency and deduct expenses of which the certificate of Engineer-In-Charge shall

be final from any sums that may then or any time thereafter become due to

Contractor or from his security deposit or the proceeds of sale thereof or of a sufficient

portion thereof.

2. From the commencement to completion of work Contractor shall take full

responsibility for the care of the work including all temporary works and in case any

damages, occur from any cause whatsoever he shall at his own cost, repair and

make good the same so that on completion, work shall be in good order and in

conformity, in every respect, with the requirements of contract and as per the

instructions of the Engineer-In- Charge.

3. If at any time before the work is taken over, the E n g i n e e r -In- Charge -

a) Decide that any work done or materials used by the Contractor are defective

or not in accordance with the contract or that work or any portion thereof is

defective or do not fulfill the requirements of contract (all such materials being

herein after called defects in this clause) he shall, as soon as reasonably

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practicably, give notice to Contractor in writing of the said defect specifying

particulars of the same then Contractor shall at his own expense and with all

speed make good the defects so specified.

b) In case Contractor fails to do so, owner may take, at the cost of the Contractor,

such steps as may in all circumstances be responsible to make good such defects.

The expenditure so incurred by owner will be recovered from the amount due to

Contractor. The decision of Engineer-In-Charge with regard to the amount to be

recovered from Contractor will be final and binding on the Contractor.

GC-13 POWER OF ENGINEER-IN-CHARGE TO GIVE FURTHER INSTRUCTIONS:

The Engineer-In-Charge shall have the power and authority from time to time and at

all times to give further instructions and directions as may appear to him necessary

or proper for the guidance of the Contractor and the works and efficient execution of

the works according to the terms of the specifications, and the Contractor shall

receive, execute, obey and be bound by the same, according to the true intent

and meaning thereof, as fully and effectively as though the same had accompanied

or had been mentioned or referred to in the specifications. No work which

radically changes the original nature of the contract shall be ordered by the

Engineer-In- Charge and in the event of any deviation being ordered, which in

the opinion of the Contractor changes the original nature of the contract, he shall

nevertheless carry it out and any disagreement as to the nature ofthe work and the

rate to be paid to thereof shall be resolved.

The time of completion of works shall, in the event of any

deviations being ordered resulting in additional cost or reduction in cost over the

contract sum, be extended or reduced reasonably by the Engineer-In-Charge.The

Engineer-In-Charge's decision in the case shall be final and binding.

GC-14 PROGRAMME:

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

The contract period shall commence from the date of notice of intimation to

proceed. The Tenderer at the time of submitting his e-Tender shall indicate in the

construction schedule his programme of execution of work commencement with the

total time specified. The Contractor shall provide the Engineer-In- Charge a detailed

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

specifications and the completion date. The entire programme to be finalized by

the Contractor, has to conform to the execution period mentioned along with the

Bill of Quantities in the e-Tender documents. The Engineer-In-Charge upon scrutiny

of such submitted programme by Contractor, shall examine suitability of it to the

requirement of contract and suggest modifications, if found necessary.

GC-15 SUB-LETTING OF WORK:

No part of the contract nor any share of interest thereon shall in any manner or

degree be transferred, assigned or sublet by the Contractor

directly or indirectly to any person, firm or Corporation whosoever except

as provided for in the succeeding sub-clause, without the consent in writing of the

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GC-16 SUB-CONTRACTS FOR TEMPORARY WORKS ETC. :

The owner may give written consent to sub-contractors for execution of any part

of the works at the site, being entered upon the contractor

provided each individual contract is submitted to the Engineer-In-Charge before being

entered into and is approved by him. List of sub-contractors to be supplied.

Not-withstanding any subletting with such approval as aforesaid and

notwithstanding the Engineer-In-Charge shall have received of any sub- contractors,

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

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

contract in all respects as if such subletting or subcontracting had not taken place and

as if such works had been done directly by the Contractor.

GC-17 TIME FOR COMPLETION:

1. The work covered under this contract shall be commenced from the date the

Contractor is served with a notice to proceed with the work and shall be

completed before the date as mentioned in the time

schedule of work. The time is the essence of the contract and unless the same

is extended as mentioned in Clause GC-18 "Extension of Time", the Contractor

shall pay liquidated damages for the delay.

2. The general time schedule for construction is given in the e- Tender

document. Contractor shall prepare a detailed weekly or monthly construction

programme in consultation with the Engineer-In- Charge soon after the

agreement and the work shall be strictly executed accordingly.

The time for construction includes, the time required for testing, rectifications,

if any, retesting and completion of the work in all respects to the entire

satisfaction of the Engineer-In- Charge exceptthe items which are not coming in

the way to commission the project.

GC-18 EXTENSION OF TIME:

Time shall be considered as the essence of the contract. If,

however, the failure of the Contractor to complete the work as per the stipulated dates

referred to above arises from delays on the part of Corporation in supplying the

materials or equipment, it has undertaken to supply under the contract or from delays

on the quantity of work to be done under the contract, or force majeure an appropriate

extension of time will be given by the Corporation. The Contractor shall request for

such extension within one month of the cause of such delay and in any case before

expiry of the contract period.

GC-19 CONTRACT AGREEMENT:

The successful Tenderer shall enter into and execute the contract agreement within

(ten) days of the notice of award, in the form shown

in e-Tender documents with such modifications as may be necessary in

the opinion of the Corporation. It shall be incumbent on the Contractor to pay the

stamp duty and the legal charges for the preparation of the

contract agreement.

GC-20 LIQUIDATED DAMAGES:

If the Contractor fails to complete the work or designated part thereof within the

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stipulated completion date for the work or for the part, he shall

pay liquidated damages at 0.1 (zero point one) percent of contract

value for per day of delay subject to maximum of 10% of the contract value or as

decided by Municipal Commissioner.

The Contractor shall complete one-sixth quantum of work within one fourth period,

four-tenth quantum of work within one-half period and eight-tenth quantum of work

within three-fourth period, failing which, the Contractor shall be liable to pay

liquidated damages an amount as specified above, or as decided by Municipal

The amount of liquidated damages shall, however, be subjected to a maximum

of 10 percent of the contract value.

GC-21 FORFEITURE OF SECURITY DEPOSIT:

Whenever any claim against the Contractor for the payment of a sum of money out

of or under the contract arises, the Corporation shall be entitled to recover such

sum by appropriating in part or whole, the security deposit of the Contractor.

In case the security deposit is insufficient, the balance recoverable

shall be deducted from any sum then due or which at any time

thereafter may become due to the Contractor. The Contractor shall pay to the

owner on demand any balance remaining due.

GC-22 ACTION OF FORFEITURE OF SECURITY DEPOSIT:

In any case in which under any Clause or Clauses of the contract, the Contractor shall

committed a breach of any of the terms contained in this contract, the owner shall

have power to adopt any of the following courses as he may deem best suited to his

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

under the hand of the owner shall be conclusive evidence) in which case the

security deposit of the Contractor shall stand forfeited and be absolutely at the

disposal of the owner.

b) To employ labour and to supply materials to carry out the balance work

debiting Contractor with the cost of labour employed and the cost of materials

supplied for which a certificate of the Engineer-In-Charge shall be

final and conclusive against the Contractor and 10% of costs on above to cover

all departmental charges and crediting him with the value of work done at the

same rates as if it has been carried out by the Contractor under the terms of his

contract. The certificate of Engineer-In-Charge as to the value of the work done

shall be final and conclusive against the Contractor.

c) To measure up the work of the contractor and to take such part thereof as

shall be unexecuted out of his hand and give it to another Contractor to

complete, the same. in this case the excess expenditure incurred than what

would have been paid to the original Contractor, if the whole work had been

executed by him, shall be borne and paid by the original Contractor and shall be

deducted from any money due to him by the owner under the contract or

otherwise and for the excess expenditure, the certificate of the Engineer-In-

Charge shall be final and conclusive.

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In the event any of the above courses being adopted by the owner, the Contractor

shall have no claims for compensation for any loss sustained by him by reason of

his having purchased or procured any materials or entered into any agreements or

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

performance of the contract.

In purchase the Contractor shall not be entitled to recover or be paid any sum for

any work actually performed under this contract unless the Engineer-In-Charge will

certify in writing the performance of such work and the value payable in respect thereof

and he shall only be entitled to be paid the value so certified.

In the event of the owner putting in force the powers as stated in a, b, c, above vested

in him under the proceeding clause, he may, if he so desires, take possession

of all or any tools and plant, materials and stores in or upon the

works or the site thereof belonging to the Contractor, or procured by him and

intended to be used for the execution of the work or any part thereof paying or allowing

for the same in account at the contract rates to be certified by the Engineer-

In-Charge. The Engineer-In-Charge may give notice in writing to the Contractor or

his representative requiring him to remove such tools, plant, materials or stores

from the premises within the time specified in the notice and in the event of the

Contractor failing to comply with any such notice, the Engineer- In-Charge may

remove them at the Contractor's expenses or sell them by auction or private sale

on account of the Contractor and his risks in all respects without any further notice

as to the date, time or place of the sale and the certificate of Engineer-In-Charge

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

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

GC-23 COMPENSATION FOR ALTERATION IN OR RESTRICTION IN WORK:

If at any time from the commencement of the work, the owner shall for any reasons

whatsoever not require the whole work or part thereof as specified in the e-Tender to

be carried out, the Engineer- In-Charge shall give notice in writing of the fact to the

Contractor, who shall have no claim to any payment or compensation whatsoever

on account of any profit or advantage which he might have derived from the execution

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

work not having been carried out. He also shall not have any claim for

compensation by reasons of any alterations having been made in original

specifications, drawings, designs and instructions which shall

involve any curtailment of the work as originally contemplated.

When the Contractor is a partnership firm, the prior approval in writing of the owner

shall be obtained before any change is made in the Constitutionof the firm.

Where the Contractor is an individual or a Hindu Undivided Family or business

concern, such approval as aforesaid shall, likewise be obtained before Contractor

enters into an agreement with other parties where under, the reconstituted firm

would have the right to carry out the work hereby undertaken by the Contractor. In

either case, if prior approval as aforesaid is not obtained, the contract shall be

deemed to have been allotted contravention of subletting clause hereof and the same

action may be taken and the same consequence shall ensure as provided in the

subletting clause.

GC-24 IN THE EVENT OF DEATH OF THE CONTRACTOR :

Without prejudice to any of the rights or remedies under the contract, if

the Contractor dies, the owner shall have the option of terminating the contract

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without compensation to the Contractor.

GC-25 MEMBERS OF THE OWNER NOT INDIVIDUALLY LIABLE:

No official or employee of the owner shall in any way be personally bound or liable

for the acts or obligation of the owner under the contract, or

answerable for any default or omission in the observance or performance

of any acts, matters or things, which are herein, contained.

GC-26 OWNER NOT BOUND BY PERSONAL REPRESENTATIONS:

The Contractor shall not be entitled to any increase on the schedule of rates or

any other rights or claims whatsoever by reason of representation, promise

or guarantees given or alleged to have been given to him by any person.

GC-27 CONTRACTOR'S OFFICE AT SITE:

The Contractor shall provide and maintain an office at the site for the accommodation

of his agent and staff and such office shall remain open at all reasonable hours to

receive information, notices or other communications.

GC-28 CONTRACTOR'S SUBORDINATE STAFF AND THEIR CONDUCT:

1. The Contractor on award of the work shall name and depute a qualified

Engineer having experience of carrying out work of similar nature, whom

equipment, materials, if any, shall be issued and

instructions for work given. the Contractor shall also provide to the satisfaction

of Engineer-In-Charge sufficient and qualified staff,

competent sub-agents, foreman and loading hands including those specially

qualified by previous experience to supervise the type of works comprised in the

contract in such manner as will ensure work of the best quality and expeditious

working. If, in the opinion of the Engineer-In- Charge additional properly qualified

supervision staff is considered necessary, it shall be

employed by the Contractor, without additional charge on

account thereof. The Contractor shall ensure to the satisfaction of

the Engineer-In- Charge that sub-contractors, if any, shall provide competent and

efficient supervision over the work entrusted to them.

2. If and whenever any of the Contractor's or sub-contractor's agents, sub- agents,

assistants, foreman or other employees shall, in the opinion of the Engineer-In-

Charge, be guilty of any misconduct or be incompetent or insufficiently qualified or

negligent in the performance of their duties or that in the opinion of the owner or

Engineer-In-Charge, it is undesirable for administrative or any other reason for

person or persons to be employed in the works, the Contractor if so directed by the

Engineer-In- Charge, shall at once remove such person or persons from employment

thereon. Any person or persons so removed shall not again be re- employed

in connection with the works without the written permission of the Engineer-In-Charge.

Any person, so removed from the works shall be

immediately replaced at the expense of the Contractor by a qualified and competent

substitute. Should the Contractor be required to repatriate any person

removed from the works he shall do so after approval of Engineer-In-Charge and shall

bear all costs in connection therewith.

3. The Contractor shall be responsible for the proper behavior of all the staff,

foreman, workmen and others and shall exercise proper control over them and in

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particular and without prejudice to the said generality, the Contractor shall be bound

to prohibit and prevent any employee from trespassing or acting in any way

detrimental or prejudicial to the interest of the community or of the properties or

occupiers of land and properties in the neighborhood and in the event of such

employees so trespassing, the Contractor shall be responsible therefore and

relieve the owner of all consequent claims,

actions for damages or injury or any other ground whatsoever. The decision

of the Engineer-In-Charge upon any matter arising under this claim shall be final.

4. If and when required by the owner, the Contractor's personnel

entering upon the owner's premises shall be properly identified by badges of a type

acceptable to the owner which must be worn at all times on owner's premises.

GC-29 TERMINATION OF SUB-CONTRACT BY OWNER:

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

in the opinion of Engineer-In-Charge is not accordance with

the contract documents, the owner may by written notice to the

Contractor request him to terminate such sub-contract and the Contractor upon the

receipt of such notice shall terminate such sub-contracts and the

latter shall forthwith leave the works, failing which, the owner shall have the right to

remove such sub- contractors from the site.

No action taken by the owner under the above clause shall relieve the Contractor of

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

time or otherwise.

GC-30 POWER OF ENTRY:

If the Contractor shall not commence the work in the manner

previously described in the contract documents or if he shall at any time, in the opinion

of Engineer-In-Charge –

(i) Fail to carry out works in conformity with the contract

(ii) Fail to carry out the works in accordance with the time schedule,

(iii) Substantially suspend work or the works for a period of seven

days without authority from Engineer-In-Charge, or

(iv) Fail to carry out and execute the work to the satisfaction of the

Engineer-In-Charge, or

(v) Fail to supply sufficient or suitable construction plant, temporary

works, labour, materials or things, or

(vi) Commit breach of any other provisions of the contract on his part to be

performed or observed or persists in any of

the above mentioned breaches of the contract for seven days after notice

in writing shall have been given to the Contractor by the

Engineer-In-Charge requiring such breach to be

(vii) Abandon the work, or

(viii) During the continuance of the contract becomes bankrupt, make any

arrangement or compromise with his creditors, or permit any

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execution to be levied or go into liquidation whether compulsory

or voluntary not being merely a voluntary liquidation for the purpose of

amalgamation or reconstruction then in any such case.

The owner shall have the power to enter upon the works and take possession thereof

and of the materials, temporary works, constructional plant and stores therein and to

revoke the Contractor's license to use the same and to complete the works by his

agents, other Contractor or workmen, to relate the same upon any terms to such

other person firm or Corporation as the owner in his absolute discretion may think

proper to employ, and for the purpose aforesaid to use or authorize the use of any

materials, temporary works, constructional plant, and stores as aforesaid with making

payments or allowance to the Contractor for the said materials other than such

as may be certified in writing by the Engineer- In-Charge to be

reasonable and without making any payment or

allowance to the Contractor for the use of said temporary works, constructional plant

and stock or being liable for loss or damage thereto. If the owner shall be reason of

his taking possession of the works or of the work being got completed by other

Contractor incurred excess expenditure be deducted from any money which may

be due for the work done by the Contractor under the contract and not paid for.

Any deficiency shall forthwith be made good and paid to the owner by

the Contractor and the owner shall have power to sell in such manner and for such

price as he may think fit all or any of the constructional plant, materials etc.,

consist constructed by or belonging to and to recoup and retain the said deficiency

or any part thereof out of the proceeds of the sale.

GC-31 CONTRACTOR'S RESPONSIBILITY WITH THE OTHER

CONTRACTOR AND AGENCIES:

Without repugnance to any other conditions, it shall be the responsibility of the

Contractor executing the work, to work in close co-operation and co-ordination with

other Contractors or their authorized representatives and the Contractor will put a

joint scheme with the concurrence of other

contractors or their

authorized representatives showing the arrangements for carrying

his portion of the work to the Engineer-In-Charge and get the approval. The

Engineer-In-Charge before approving the joint scheme will call the parties concerned

and modify the scheme if required. No claim will be

entertained on account of the above. The Contractor shall conform in all respects

with the provisions of any statutory regulations, ordinances or bylaws of any local or

duly constituted authorities or public bodies which may

be applicable from time to time to works or any temporary works. The

Contractors shall keep the owner indemnified against all penalties and liabilities of

every kind arising out of non-adherence to such statutes, ordinance, laws, rules,

regulations etc.

GC-32 OTHER AGENCIES AT SITE:

The Contractor shall have to execute the work in such place and condition where other

agencies will also be engaged for other works, such as

site grading, filling and leveling, electrical and mechanical engineering works etc.

No claim shall be entertained for works being executed in the above

Any notice under this contract may be served on the Contractor or his duly

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authorized representative at the job site or may be served by Registered Post

direct to the official address of the Contractor. Proof of issue of any such notice could

be conclusive of the Contractor having been duly informed of all contents therein.

GC-34 RIGHTS OF VARIOUS INTERESTS:

The owner reserves the right to distribute the work between more than one

Contractor. Contractor shall co-operate and afford reasonable

opportunity to other Contractors for access to the works, for the carriage

and storage of materials and execution of their works. Whenever the work being done

by department of the owner or by other Contractor employed by the owner is

contingent upon work covered by this contract,

the respective rights of the various interests shall be determined by the Engineer-In-

Charge to secure the completion of various portions of the work in general harmony.

GC-35 PRICE ADJUSTMENTS:

No adjustment in price shall be allowed and no price escalation will be allowed.

GC-36 TERMS OF PAYMENT:

The payment of bills shall be made progressively according to the rules and

practices followed by the Corporation. The progressive payment

unless otherwise provided in the contract agreement or subsequently agreed to

by the parties shall be made generally monthly on submission of a bill by the Contractor

in prescribed form of an amount according to the value of the work performed less the

price of materials supplied by owner,

aggregate of previous progressive payments and as required by Clause GC-37

(Retention of Money) herein. All such progressive payments shall be regarded as

payments by way of advance against final payment.

Payment for the work done by the Contractor will be based on the measurement

at various stages of the work, in accordance with the condition at clause GC-81

(measurement of work in progress).

GC-37 RETENTION MONEY:

i) Pursuance to clause GC-36 (Terms of Payment) any on at money due to the

Contractor for work done, the Corporation will retain Five (5) Percent of gross R.A. Bill

amount as retention amount as mentioned in Clause GC-82 (Running Account

Payments) and same shall be paid with the final SITC bill. No retention money shall be

kept for the Comprehensive maintenance period.

GC-38 PAYMENTS DUE FROM THE CONTRACTOR:

All costs, damages or expenses, for which under the contract, Contractor is

liable to the Corporation, may be deducted by the Corporation from any money

due or becoming due to the Contractor under the contract or from any

other contract with the Corporation or may be recovered by action at law or

otherwise from the Contractor.

GC-39 CONTINGENT FEE:

i) The Contractor warrants that he has not employed a person to solicit or secure

the contract upon any agreement for a commission, percentage,

and brokerage contingent fee. Breach of this warranty shall give the

Corporation the right to cancel the contract or to take any drastic

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measure as the Corporation may deem fit. The warranty does not

apply to commissions payable by the Contractor to establish commercial or selling

agent for the purpose of securing business.

ii) No officer, employer or agent of the Corporation shall be admitted to any share

or part of this contract or to any benefit that may rise there from.

GC-40 BREACH OF CONTRACT BY CONTRACTOR:

If the Contractor fails to perform the work under the contract with due diligence or

shall refuse or neglect to comply with instructions given to him in writing by

the Engineer-In-Charge in accordance with the contract,

or shall contravene the provisions of the contract, the Corporation may give

notice in writing to the Contractor to make good such failure, neglect, or

contravention. Should the Contractor fail to comply with such written notice within

14 (fourteen) days of receipt, it shall be lawful for the Corporation, without prejudice

to any other rights the Corporation may have under the contract, to terminate

the contract for all or part of the works, and make any other arrangements it shall

deem necessary to complete the work outstanding under the contract at the time

of termination.In this event, the performance Bond shall immediately become

due and payable to the Corporation. The value of the work done on the date of

termination and not paid for shall be kept as deposit for adjustment of excess

expenditure incurred in getting the remaining work completed and the Corporation

shall have free use of any works which the Contractor may have at the site at the

time of termination of the contract.

If Contractor fails to carry out the work in timely manner as mentioned in GC-20,

Navsari Municipal Corporation may give notice in writing to the Contractor to expedite

the progress of work, so that the work can be completed as per time schedule. If

Contractor fails to expedite the progress of work within 14 days, Navsari Municipal

Corporation may terminate the contract and put the Contractor in Black List for three

years and the remaining work will be executed through other agency at the risk cost

GC-41 DEFAULT OF CONTRACTOR:

i) The Corporation may upon written notice of default to the

Contractor terminate the contract circumstances detailed as under:

a) If in the opinion of the Corporation, the Contractor fails to make

completion of works within the time specified in the completion

schedule or within the period for which extension has been granted by the

Corporation to the Contractor.

b) If in the opinion of the Corporation, the Contractor fails to comply

with any of the other provisions of this contract.

ii) In the event, the Corporation terminates the contract in whole or in part as provided in

Article GC-50 (Termination of the Contract) the Corporation reserves the right to

purchase upon such terms and in such manner as it may be deem appropriate, plant

similar to one which is not supplied by the Contractor and the Contractor will be

liable to the Corporation for any additional costs for such similar plant and / or for

liquidated damages for delay until such time as may be required for the final completion

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iii) If this contract is terminated as provided in this paragraph GC-30 (Power of Entry)

the Corporation in addition to any other rights provided in this clause, may require

the Contractor to transfer title and deliver to the Corporation.

a) Any completed works

b) Such partially completed information and contract rights as the

Contractor has specifically produced or acquired for the performance

of the contract so terminated.

iv) In the event, the Corporation does not terminate the contract as provided in

the paragraph GC-50 (Termination of Contract) the Contractor shall continue

performance of the contract, in which case, he shall be liable to the Corporation

for liquidated damages for delay until the works are completed and accepted.

GC-42 BANKRUPTCY:

If the Contractor shall become bankrupt or insolvent or has a

receiving order made against him, or compound with his creditors, or being the

Corporation commence to be wound up not being a member voluntary winding up for

the purpose of amalgamation or reconstruction, or carry on its business under a

receiver for the benefit of his creditors or any of them, the Corporation shall be at

liberty to either (a) terminate the contract forthwith by giving notice in writing to

the Contractor or to the receiver or liquidator or to any person or Organization in whom

the contract may become vested and to act in the manner provided in Article GC-41

(Default of Contractor) as thought the last mentioned notice had been the notice

referred to in such article or (b) to give such receiver, liquidator

or other persons in whom the contract may

become vested the option of carrying out the contract subject to his

providing a satisfactory guarantee for the due and faithful,

performance of the contract up to an amount to be agreed. In the event that the

Corporation terminates the contract in accordance with this article, the performance

bond shall immediately become due and payable on demand to Corporation.

GC-43 OWNERSHIP:

Works hand over pursuant to the contract shall become the property of the

Corporation from whichever is the earlier of the following times, namely;

a) When the works are completed pursuant to the contract.

b) When the contractor has been paid any sum to which he may become

entitled in respect thereof pursuant to Clause GC-36 (Terms of Payment).

GC-44 DECLARATION AGAINST WAIVER:

The condemnation by the Corporation of any breach or breaches by the Contractor

or an authorized sub-contractor of any of the stipulations and conditions contained

in the contract, shall in no way prejudice or affect or be construed as a waiver of

the Corporation's rights, powers and remedies under the contract in respect of any

breach or breaches.

GC-45 LAWS GOVERNING THE CONTRACT:

This contract shall be construed according to and subject to the laws of India

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and the State of Gujarat and under the jurisdiction of the Courts of Gujarat at Navsari.

GC-46 OVER PAYMENT AND UNDER PAYMENT:

Whenever any claim for the payment of a sum to the Corporation arises out of or

under this contract against the Contractor, the same may be deducted by the

Corporation from any sum then due or which at any time thereafter may become due

to the Contractor under this contract and failing that under any other contract with

the Corporation (which may be available with the Corporation), or

from his retention money or he shall pay the claim on demand. The

Corporation reserves the right to carry out post payment audit and technical

examinations of the final bill including all supporting vouchers, abstracts etc.

The Corporation further reserves the right to enforce

recovery of any payment when detected, not withstanding the fact

that the amount of the final bill may be included by one of the parties as an item of

dispute before an Arbitrator, appointed under Article GC-49 (Arbitration) of this

contract and notwithstanding the fact that the amount of the final bill figures in

the arbitration award. If as a result of such audit and technical examinations any over

payment is discovered in respect of any work done by the Contractor or alleged to

have been done by him under the contract, it shall be recovered by the

Corporation from the Contractor as prescribed above. If any under payment is

discovered by the Corporation, the amount due to the Contractor under this contract,

may be adjusted against any amount then due or which may at any time thereafter

become due before payment is made to the Contractor.

GC-47 SETTLEMENT OF DISPUTES:

Except as otherwise specifically provided in the contract, all disputes concerning

questions of fact arising under the contract shall be decided

by the Engineer-In-Charge subject to a written appeal by the

Contractor to the Engineer-In-Charge and those decisions shall be final and binding

on the parties hereto. Any disputes or differences including those considered as

such by only one of the parties arising out of or in connection with this contract shall

be to the extent possible settled amicably between the parties. If amicable settlement

cannot be reached then all disputed issues shall be settled as provided in Article

GC-48 (Disputes or differences to be referred to) and Article No.GC-49

GC-48 DISPUTES OF DIFFERENCES TO BE REFERRED TO:

If at any time, any question, disputes or differences of any kind whatsoever

shall arise between the Engineer-In-Charge and the

contractor upon or in relation to or in connection with this contract either party may

forthwith give to the other, notice in writing of the existence of such question, dispute

or difference as to any decision, opinion, instruction,

direction, certificate or evaluation of the Engineer-In-Charge. The question, dispute or

differences shall be settled by the Municipal Commissioner, Navsari

Municipal Corporation, who shall state his decision in writing and give

notice of same to the Engineer-In-Charge and to the Contractor. Such

decision shall be final and binding upon both parties. The contract and work on

contract if not already breached or abandoned shall proceed normally unless and until

the same shall be revised (or uphold) by any arbitration proceedings as

hereinafter provided. Such decisions shall be final and binding on the Engineer-

In- Charge and the Contractor unless the Contractor shall require the matter to be

referred to an Arbitration panel as hereinafter provided.

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GC-49 ARBITRATION:

In case of any dispute arising during the course of execution, the matter should be

referred to Municipal Commissioner who will be sole Arbitrator whose decisions will

be final and binding to the Contractor

GC-50 TERMINATION OF THE CONTRACT:

i) If the Contractor finds it impracticable to continue operation owing to force

majeure reasons or for any reasons beyond his control and/or the Corporation find

it impossible to continue operation, then prompt notification in writing shall be given

by the party affected to the other.

ii) If the delay or difficulties so caused cannot be expected to cease or become

unavoidable or if operations cannot be resumed within two (2)

months then either party shall have the right to terminate the contract upon ten (10)

days written notice to the

other. In the event of such termination of the contract, payment to

the Contractor will be made as follows:

a) The Contractor shall be paid for all works approved by the Engineer-

In-Charge and for any other legitimate expenses due to him.

b) If the Corporation terminates the contract owing to Force Majeure or

due to any cause beyond its control, the Contractor shall additionally be paid

for any work done during the said two (2) months period including any

financial commitment made for the proper performance of the contract and

which are not reasonably defrayed by payments under (a) above.

c) The Corporation shall also release all bonds and

guarantees at its disposal except in cases where the total amount of

guarantees at its disposal except in cases where the total amount of

payment made to the Contractor exceeds the final amount due to him in

which case the Contractor shall refund the excess amount within thirty (30)

days after the termination and the Corporation thereafter

shall release all bonds and guarantees. Should

the Contractor fail to refund the amounts received in

excess within the said period such amounts shall be deducted from the

bonds or guarantees provided.

iii) On termination of the contract for any cause the Contractor shall see the

orderly suspension and termination of operations, with due consideration to the

interests of the Corporation with respect to completion

safeguarding of storing materials procured for the

performance of the contract and the salvage and resale thereof.

GC-51 SPECIAL RISKS:

If during the contract, there shall be an outbreak of war (whether war is declared or

not), major epidemic / pendemic, earthquake or similar occurrence in any part of

the world beyond the control of either party which affects to the contract, which

financially or otherwise materially affects the execution of the contract, the

Contractor shall unless and until, the contract is terminated under the provisions of

this article use his best endeavors to complete the execution of the contract, provided

always that the Corporation shall be entitled at any item after the onset of such special

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risks, to terminate the contract by giving written notice to the contractor and upon such

notice being given this contract shall terminate but without prejudice to the rights

of either party in respect of any antecedent breach thereof.

The Contractor shall not be liable for payment of compensation for delay or for failure

to perform the contract for reasons of Force Majeure such as acts of public enemy,

acts of Government, fires, floods, cyclones, epidemics,

quarantine restrictions, lockouts, strikes, freight embargoes and

provided that the Contractor shall within 10 (ten) days from the beginning of such

delay notify the Engineer-In-Charge in writing, of the cause

of delay, the Corporation shall verify the facts and grant such

extension as the facts justify.

GC-52 CHANGE IN CONSTITUTION:

Where the Contractor is a partnership firm, the prior approval in writing of the owner

shall be obtained before any change is made in the constitution

of the firm. Where the Contractor is an individual or undivided family

business concern such approval as aforesaid shall likewise be obtained before the

Contractor enters into any partnership agreement where

under the partnership firm would have the right to carry out the works

hereby undertaken by the Contractor. If prior approval as aforesaid is not

obtained, the contract shall be deemed to have been assigned in contravention of

GC-53 SUB-CONTRACTUAL RELATIONS:

All works performed for the contract by a sub-contractor shall be pursuant to an

appropriate agreement between the Contractor and the sub- contractor, which shall

contain provision to –

a) Protect and preserve the rights of the Corporation and the

Engineer-In-Charge with respect to the works to be performed under the sub-

contracting party will not prejudice such rights.

b) Require that such work be performed in accordance with the requirements

of contract documents.

c) Require under such contract to which the contractor is a party, the submission

to the Contractor of application for payment and claims

for additional costs, extension of time, damages for delay or otherwise with

respect to the sub-contracted portions of the work in sufficient time, that the

Contractor may apply for payment comply in accordance

with the contract documents for like claims by the Contractor upon

the Corporation.

d) Waive all rights the contracting parties may have against one another for

damages caused by fire or other perils covered by the property insurance except

such rights as they may have to the proceeds of such insurance held by the

Corporation as trustee and,

e) Obligate each sub-contractor specifically to consent to the

provisions of this Article.

GC-54 PATENTS AND ROYALTIES:

1. Contractor, if licensed under any patent covering equipment, machinery,

materials or composition of matter to be used or supplied or methods and

process to be practiced or employed in the performance of this contract agrees

to pay all royalties and license fees, which may be due with respect thereto.

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If any equipment,

machinery, materials, composition matters, to be used or supplied or

methods practiced or employed in the performance of this contract, is covered

by a patent under which Contractor is not licensed, then the Contractor before

supplying / using the equipment, machinery, materials, compositions, methods

of process shall obtain such license and pay such royalties and license fees

as may be necessary for performance of this contract. In the event

Contractor fails to pay such royalty or to obtain any such license, any suit for

infringement of such patents which is brought against the

Contractor or the owner as a result of such failure will be defended by the

Contractor at his own expenses and the Contractor will pay any damages and

costs awarded in such suit. The Contractor shall promptly notify the

owner if the Contractor has acquired knowledge of any plant under which a suit

for infringement could be reasonably brought because of the use by the owner

of any equipment machinery, materials, process methods to be supplied in

hereunder. Contractor agrees to and does hereby grant to owner together with

the right to extend the same to any of the subsidiaries of the owner an

irrevocable royalty fee license to use in any Country, any invention made

by the Contractor or his employees in or as a result of the performance of work

under contract.

2. With respect to any sub-contract entered into by Contractor pursuant to

the provisions of the relevant clause hereof, the Contractor shall obtain from the

sub-contractor an understanding toprovide the owner with the same patent

protection that contracts is required to provide under the provisions of the

3. The Contractor shall indemnify and save harmless the owner from any loss

on account of claims against owner for the contributory infringement of patent

rights arising out of and based upon the claim that the use by the Corporation

of the process included in the design prepared by the Contractor and used in

the operation of the plant infringes on any patent rights.

If, at any time, there should be evidence of any lien or claim for which owner might

have become liable and which is chargeable to the Contractor, the owner shall

have the right to retain out of any payment then due or thereafter to become due an

amount sufficient to completely indemnify the owner against such lien or claim or if

such lien or claim be valid the owner may pay and discharge the same and deduct

the amount as paid from any money which may be due or become due and payable

to the Contractor. If any lien or claims remaining unsettled after all

payments are made, the Contractor shall refund or pay to the owner all money

that the latter may be compelled to pay in discharging such lien or claim including

all costs and reasonable expenses.

GC-56 EXECUTION OF WORK :

The whole work shall be carried out in strict conformity with the provisions of the

contract document, detailed drawings, specifications and the instructions of the

Engineer-In-Charge from time to time. The Contractor

shall ensure that the whole work is executed in the most substantial, and proper

manner with best workmanship using materials of best quality in strict accordance

with the specifications to the entire satisfaction of the Engineer-In- Charge.

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GC-57 WORK IN MONSOON:

When the work continues in monsoon if required, the Contractor shall maintain

minimum labour force required for the work and plan and

execute the construction and erection work according to the prescribed

schedule. No extra rate will be considered for such work in monsoon. During

monsoon and entire construction period, the Contractor shall keep

the site free from water at his own cost. The completion period is including

monsoon period.

GC-58 WORK ON SUNDAYS AND HOLIDAYS:

No work except curing shall be carried out on Sunday and holidays. However, if

the exigencies of the work need continuation of work on Sundays and Holidays, written

permission of the Engineer-In- Charge shall be obtained in advance.

GC-59 GENERAL CONDITIONS FOR CONSTRUCTION WORK:

Working hours shall be eight every day. The overtime work in two shifts could be

carried out with the written permission of the Engineer-In-

Charge but no compensation shall be paid for the same. The rate quoted shall

include this. The Contractor shall plan his work in such a way that his labourers do

not remain idle. The owner will not be responsible for idle

labour of the Contractor. The Contractor shall submit to the owner

progress report every week. The details and proforma of the report will be as per mutual

GC-60 DRAWINGS TO BE SUPPLIED BY THE OWNER:

The drawings attached with the e-Tender documents shall be for general guidance of

the Contractor to enable him to visualize the type of work contemplated and scope

of work involved. Detail working drawings

according to which the work is to be done shall be prepared by the Contractor for

executing the work, as applicable.

GC-61 DRAWINGS TO BE SUPPLIED BY THE CONTRACTOR:

Where drawings, data are to be furnished by the Contractor, especially for

bought-out items, they shall be furnished within the

specified/reasonable time so as to obtain approval and clear for

manufacturing, procuring the material at site and in order to complete the work within

the specified time limit for completion. Where approval of drawings has been

specified/required it shall be Contractor's responsibility to have these drawings got

approved before any work is taken up with regard to the same. Any

changes becoming necessary in those drawings during the execution of the work

shall have to be carried out by the Contractor at no extra cost. All

final drawings shall bear the certification stamp as indicated below duly signed by

both the Contractor and Engineer-In-Charge.

Certified true for

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Contractor Engineer-In-Charge

Drawings will be approved within three (3) weeks of the receipt of the same by the

Engineer-In-Charge.

GC-62 SETTING OUT WORK:

The Contractor shall set out the work on the site handed over by the Engineer-In-

Charge and shall be responsible for the correctness of the same. The work shall be

carried out to the entire satisfaction of Engineer- In-Charge. The approval thereof

or partaking by Engineer-In-Charge or setting out work shall not

relieve Contractor of anyof his responsibilities. The

Contractor shall provide at his own cost all necessary level

posts, pegs, bamboos, flags, ranging rods, strings and other materials and labourers

required for proper setting out of the work. The Contractor shall provide fix and be

responsible for the maintenance of all stakes, templates, level markets, profiles

and similar other things and shall take all necessary precautions to prevent their

removal or disturbance and shall be responsible for the consequences forsuch

removal or disturbance. The Contractor shall also be responsible for the maintenance

of all existing survey marks, boundary marks, and distance marks and centerline

marks either existing or face lines and cross lines shall be marked by small masonry

pillars. Each pillar shall have distance mark at the center for setting up the theodolite.

The work shall not be started unless the setting out is choked and approved

by Engineer-In- Charge in writing but such approval shall not relieve the Contractor of

his responsibilities about the correctness of setting out. The Contractor

shall provide all materials, labour and other facilities necessary for checking at

his own cost. Pillars bearing geodetic marks on site shall be protected by the

Contractor. On completion of the work, the Contractor shall submit the geodetic

documents according to which the work has been carried out.

GC-63 RESPONSIBILITIES OF CONTRACTOR FOR CORRECTNESS OF THE WORK :

The Contractor shall be entirely and exclusively responsible for the correctness of

every part of the work and shall rectify completely any errors therein at his own cost

when so instructed by Engineer- In- Charge. If any error has crept in the work due to

non- observance of this clause, the Contractor will be responsible for the error and bear

the cost of corrective work.

1. Materials to be supplied by the Contractor:

Contractor shall procure and provide all the material required for the execution

and maintenance of work including M S rods; all tools,

tackles, construction plant and equipment except, the materials to be supplied by

the owner detailed in the contract documents. Owner, shall

make recommendations for procurement of materials to the respective

authorities if desired by the Contractor but assumes no

responsibility of any nature. Owner shall insist for procurement of materials

with ISI marks supplied by reputed firms of the DGS & D list.

2. If however, the Engineer-In-Charge feels that the work is likely to be

delayed due to Contractor's inability to procure materials, the Engineer-In-

Charge shall have the right to procure materials,

from the market and the Contractor will accept these

materials at the rates decided by Engineer-In-Charge.

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GC-64 MATERIALS TO BE SUPPLIED BY THE OWNER:

1. If the contract provided certain materials or stores to be

supplied by the owner, such materials and stores transported by the

Contractor at his cost from owner's stores or Railway Station.

The cost from Contractor for the value of materials supplied by the owner

will be recovered from the R.A. Bill on the basis of actual consumption of

materials in the work covered and for which R A Bill has been prepared.

After completion of the work, the

Contractor has to account for the full quantity of materials supplied to him.

2. The value of store materials supplied by owner to the

Contractor shall be charged at rates shown in the contract document and in case

any other material not listed in the schedule of materials is supplied by the owner,

the same shall be charged at cost price including carting and other expenses

incurred in procuring the same. All materials so supplied shall remain the property

of the owner and shall not be removed from the site on any account. Any

material remaining unused at the time of completion of work or termination of

contracts shall be returned to owner's store orany other place

as directed by the Engineer-In-Charge in perfectly good condition at

Contractor's cost. When materials are supplied free of cost for use in work

and surplus and unaccounted balance thereof are not returned to the owner,

recovery in respect of such balance will be effected at double the applicable

issue rate of the material or the market rates whichever is higher.

GC-65 CONDITIONS OF ISSUE OF MATERIALS BY THE OWNER: (N.A.)

The materials specified to be issued by the owner to the Contractor shall be issued

by the owner at his store and all expenses for it carting site shall be borne by the

Contractor will be issued during working hours and as per rules of owner from time to

Contractor shall bear all expenses for storage and safe custody at site of materials

issued to him before use in work.

Material shall be issued by the owner in standard / non-standard sizes as obtained

from manufacturer.Contractor shall construct suitable godowns at site for storing

the materials to protect the same from damage due to rain, dampness, fire, theft etc.

The Contractor should take the delivery of the materials issued by the owner after

satisfying himself that they are in good condition. Once the materials are issued, it will

be the responsibility of the Contractor to keep them in good condition and in safe

custody. If the materials get damaged or if they are stolen, it shall be the responsibility

of the Contractor to replace them at his cost according to the instructions of the

Engineer- In-Charge.

For delay in supply or for non-supply of materials to be supplied by the owner, on

account of natural calamities, act of enemies, other difficulties beyond the control of

the owner, the owner carries no responsibilities. In no case the Contractor shall be

entitled to claim any compensation for loss suffered by him on this account.

None of the materials issued to the contractor, shall be used by the Contractor

for manufacturing items which can be obtained from the manufacturer's. The

materials issued by the owner shall be used for the work only and no other purpose.

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Contractor shall be required to execute indemnity bond in the

prescribed form for the safe custody and account of materials issued by the

Contractor shall furnish sufficiently in advance a statement of his requirements of

quantities of materials to be supplied by the owner and the time when the same will

be required for the work, so as to enable Engineer-In-Charge to make arrangements

to procure and supply the materials.

A daily account of materials issued by the owner shall be

maintained by the contractor showing receipt, consumption and balance on hand in

the form laid down by Engineer-In-Charge with all connected paper and shall be

always available for inspection in the site office.

Contractor shall see that only the required quantities of materials are got issued

and no more. The Contractor shall be responsible to return the surplus materials at

owner's store at his own cost.

GC-66 MATERIALS PROCURED WITH ASSISTANCE OF THE OWNER :

Notwithstanding anything contained to the contrary in any of

the clauses of this contract, where any materials for the execution of the

contract are procured with the assistance of the owner either by issue from

owner's stock or purchase made under orders or permits or licenses issued

materials as trustees for owner, and use such materials not

disposed them off without the permission of owner andunserviceable

materials that may be left with him after completion of the

contract or at its termination for any reason whatsoever on his being paid

or credited such price as Engineer-In- Charge shall determine having due regard

to the conditions of the materials. The price allowed to

Contractor shall not exceed the amount charged to him excluding the storage

of breach of the aforesaid condition, the Contractor shall in terms of

license or permits and/or for criminal breach of trust be liable to compensate

owner at double the rate or any higher rates. In the event of these materials at

that time having higher rate or not being available in the market than any other

rate to be determined by the Engineer- In- Charge at his decision shall be final

and conclusive.

GC-67 MATERIALS OBTAINED FROM DISMANTLING:

If the Contractor, in the course of execution of work, is called upon to dismantle

any part of work for reasons other than on account of bad or imperfect work, the materials

obtained from dismantling will be property of the owner and will be disposed off as per

instructions of Engineer-In- Charge in the best interest of the owner.

GC-68 ARTICLE OF VALUE OF TREASURE FOUND DURING CONS-

All gold, silver and other minerals of any description and all

precious stones, coins, treasures, relics, antiques and other similar things which shall

be found in, under or upon site shall be the property of the

owner and the Contractor shall properly preserve the same to the satisfaction

of the Engineer-In-Charge and shall hand over the same to the owner.

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GC-69 DISCREPANCIES BETWEEN INSTRUCTIONS:

If there is any discrepancy between various stipulations of the

contract documents or instructions to the Contractor or his authorized

representative or if any doubt arises as to the meaning of such stipulation or

instructions, the Contractor shall immediately refer in writing to the Engineer-In-

Charge and shall hand over the same to the owner.

GC-70 ALTERATIONS IN SPECIFICATIONS & DESIGNS & EXTRA WORK:

The Architect / Engineer-In-Charge shall have power to make any alterations in,

omission from, addition to substitution for, the schedule of

rates, the original specifications, drawings, designs and instructions that

may appear to him to be necessary or advisable during the progress of work and the

Contractor shall be bound to carry out such altered / extra

/ new items of work in accordance with any instructions which may be

given to him in writing signed by Engineer-In-Charge and such alteration omissions,

additions or substitutions, shall not invalidate contract and

any altered, additional or substituted work shall be carried out by the Contractor

on the same conditions of contract. The time of completion may be

extended by Architect as may be considered just and reasonable

by him. The rates for such additional altered or substitute work shall be worked out

a) If the rates for additional, altered or substitutes work are

specified in the contract for work, the Contractor is bound to carry out such work

at the same rates as specified in the contract.

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

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

similar items of work in the contract work. The opinion of Engineer-In-Charge

as to whether the rates can be reasonably so derived the items of contract will

be final and binding to the Contractors.

c) If the rates of altered, additional or substitute work cannot be determined

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

RMC/GWSSB/R&B Dept.

d) If the rates of altered, additional or substitute work cannot be determined

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

the receipt of order to carry out the work inform the Architect / Engineer-In-

Charge of the rate which he intends to charge for such work supported

by rate analysis and the Architect / Engineer-In- Charge will determine the

rate on the basis of prevailing market rates of materials, labour cost at

schedule of labour plus 15% there on as Contractor's supervision overheads

and profit. The opinion of Architect / Engineer-In-Charge

as to the market rates of materials and the quantity of labour involved per

unit of measurement will be final and binding on Contractor.

But under no circumstances, the Contractor suspends work or the plea of non

settlement of items falling under this clause.

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GC-71 ACTION WHEN NO SPECIFICATIONS ARE ISSUED:

In case of any class of work for which no specifications is supplied by the owner in

the e-Tender documents, such work shall be carried out in accordance with

relevant latest ISS and if ISS do not cover the same, the work shall be carried out

as per General Technical Specification for building work; and if not covered in

then it is to be with standard Engineering Practice subject to the approval of

Engineer-In-Charge.

GC-72 ABNORMAL RATES:

Contractor is expected to quote rate for each item after careful analysis of cost involved

for the performance of the completed item considering all specifications and conditions

GC-73 ASSISTANCE TO ENGINEER-IN-CHARGE:

Contractor shall make available to Engineer-In-Charge free of cost all necessary

instruments and assistance in checking of any work made by the Contractor setting

out for taking measurement of work etc.

GC-74 TESTS FOR QUALITY OF WORK :

1. The Contractor shall be required to give satisfactory test where required

and shall rectify the defects, if any, free of cost. The necessary tools, tackles,

labour etc., required for the test shall also be arranged by the Contractor at his

own cost. Only power and water / sewage shall be provided free of cost by Owner.

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

contract documents and in accordance with the instructions of Engineer-In-

Charge and shall be subjected from time to time to such tests at Contractor's

cost as the Engineer-In-Charge may direct at the place of manufacture of

fabrication or on the site or at any such place. Contractor shall provide

assistance, instruments, labour and materials as are normally required for

examining, measuring and testing of any work of workmanship as may be

selected and required by Engineer-In-Charge.

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

by Engineer-In-Charge shall be carried out at an

approved laboratory at Contractor's cost.

4. Contractor shall furnish the Engineer-In-Charge for approval when requested

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

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

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

shall be exactly as per the approved samples.

GC-75 ACTION AND COMPENSATION IN CASE OF BAD WORKMANSHIP:

If it shall appear to the Engineer-In-Charge that any work has been executed

with materials of inferior description, or quality or are unsound or with unsound,

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imperfect or unskilled workmanship or otherwise not in accordance with the contract,

the Contractor shall, on demand in writing from Engineer-In-Charge or his authorized

representative specifying the work, materials or articles complained of,

notwithstanding that the same may have been inadvertently passed, certified and

paid for, forthwith rectify or remove and reconstruct the work, so specified. In

the event of failure to do so within a period to be specified by the Engineer-In-Charge

in his aforesaid demand, Contractor shall be liable to pay compensation at the rate of

0.1(zero point one) percent of the value of work for per day of delay limited to a

maximum of ten (10%) percent of the value of work while his failure to do so

continues and in the case of any such failure, the Engineer-In-Charge may on

expiry of the notice period rectify and remove and re-execute the work or remove

and replace with others at the risk and cost of the Contractor. The decision of

the Engineer-In- Charge as to any question

arising under this clause shall be final and conclusive.

GC-76 SUSPENSION WORK:

Contractor shall, if ordered in writing by Engineer-In-Charge or his representative

temporarily suspended the work or any part thereof for such time (not exceeding

one month) as ordered and shall not after receiving such written notice proceed

with the work until he shall have received a written order to proceed therewith. The

Contractor shall not be entitled to claim compensation for any loss or damage

sustained by him by reason of temporary suspension of work as aforesaid. An

extension of time for completion of work will be granted to the Contractor

corresponding to the delay caused by such suspension of work if he applies for the

same provided the suspension was not consequent upon any default or failure on

the part of the Contractor.

GC-77 OWNER MAY DO PART OF THE WORK:

When the Contractor fails to comply with any instructions given in accordance with the

provisions of this contract, the owner has the right to carry out such parts of work as

the owner may designate whether by purchasing materials and engaging labour or by

the agency of another Contractor. In such case the owner shall deduct from the

amount which otherwise might become due to Contractor, the cost of such work

and materials with then (10) percent added to cover all departmental charges and

should the total amount thereof exceed the amount due to contract, Contractor shall

should the total amount thereof exceed the amount due to contract, Contractor shall

pay the difference to owner.

GC-78 POSSESSION PRIOR TO COMPLETION:

The Engineer-In-Charge shall have the right to take possession of or to use any

completed or partly completed work or part of work. Such

possession or use shall not be deemed to be an acceptance of any work

completed in accordance with the contact. If such prior possession or use by

Engineer-In-Charge delays the process of work, equitable adjustment

in the time of completion will be made and the contract shall be deemed to

be modified accordingly.

GC-79 COMPLETION CERTIFICATE:

As soon as the work has been completed in accordance with contract

(except in minor respects that do not affect their use for the

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purpose for which they are intended and except for maintenance thereof) as per

General Conditions of Contract the Engineer-In- Charge shall issue a certificate

(hereinafter called completion certificate) in which shall certify the date on which

work has been completed and has passed the said tests and owner shall be

deemed to have taken over work on the date so certified. If work has been divided

in various groups in contract, owner shall be entitled to take over any group or groups

before the other or others and there upon the Engineer-In-Charge will issue a

completion certificate, which will, however, be for such group or groups so taken

In order that Contractor could get a completion certificate, he shall make good will all

speed any defect arising from the defective materials supplied by Contractor of

workmanship or any act or omission of Contractor that may have been discovered

or developed after the work or groups of works has been taken over. The period

allowed for carrying out such work will be normally, one month. If any defect

be not remedied within the time specified, owner may proceed to do work at

Contractor's (Agency, or Firm) risk and expenses and deduct from the final bill such

amount as may be decided by owner. If by reason of any default on the part

of the Contractor, a completion certificate has not been issued in respect of

every portion of work within one month after the date fixed by contract for completion

of work, owner shall be at liberty to use work or any portion thereof in respect of

which a completion certificate has been issued, provided that work or the

portion thereof so used as aforesaid shall be afforded reasonable

opportunity for completion of that work or the portion thereof so used as

aforesaid shall be afforded reasonable opportunity for

completion of that work for the issue of completion certificate.

GC-80 SCHEDULE OF RATES:

1. The rates quoted by the Contractor shall remain firm till the

completion of the work and shall not be subject to escalation. Schedule of rates

shall be deemed to include and cover all costs, expenses and liabilities of every

description and risks or every kind to be taken in executing, completing and

handing over the work to owner by Contractor. The

contractor shall be deemed to have known the nature, scope, magnitude and the

extent of work and materials required though contract documents may not fully and

precisely furnish them. He shall make such provision in the Schedule of

Rates as he may consider necessary to cover the cost of such items of work and

materials as may be reasonable and necessary to complete the work.The

opinion of Engineer-In-Charge as to the item of work which are necessary and

reasonable for completion of the work shall be final and binding on Contractor

although the same may be not shown on drawings or described specifically in

contract documents.

2. The Schedule of Rates shall be deemed to include and cover the cost of all

constructional plant, temporary work, materials, labour and all other matters in

connection with each item in Schedule of Rates and the execution of work or any

portion thereof finished complete in every respect and maintained as shown or

described in the contract document or as may be ordered in writing during the

continuance of the contract.

3. The Schedule of Rates shall be deemed to include and cover the cost of all

royalties and fees for the articles and processes, protected by letters patent or

otherwise incorporated in or used in connection with work, also all royalties, rents

and other payments in connection with obtaining material of whatsoever kind for

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work and shall include an indemnity to owner which Contractor hereby gives against

all action, proceedings, claims, damages, costs and expenses arising from the

incorporation in or use on the works of any such articles,

processes or materials. Other Municipal or local Board charges if levied

on material, equipment or machineries to be brought to site for use on work

shall be borne by the Contractor.

4. No exemption or reduction of custom duties, excise duties, sales tax or any

other taxes or charges of the Central or State Government or of any Local Body

whatsoever will be granted or obtained and all such expenses shall be deemed to

have been included in and covered by Schedule of Rates. Contractor

shall also obtain and pay for all permits or other privileges necessary to complete the

5. The Schedule of Rates shall be deemed to include and cover risk on account

of delay and interference with Contractor's conduct of work which may occur

from any cause including orders of owner in the exercise of his powers and on

account of extension of time granted due to various reasons.

6. For work under unit rate basis, no alteration will be allowed in the Schedule

of Rates by reasons of work or any part of them being modified, altered,

extended, diminished or omitted.

GC-81 PROCEDURE FOR MEASUREMENT OF WORK IN PROGRESS:

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

be jointly measured by the representative of Engineer- In-Charge and

Contractor's authorized agent. Such measurements will be got recorded in the

Measurement Book by the Engineer-In- Charge or his

authorized representative and signed by the Contractor

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

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

Charge for taking measures for every reasons

whatsoever, the measurement will be taken by the Engineer-In-Charge

or his authorized representative not withstanding the absence of Contractor and

these measurements will be deemed to be correct and binding on the Contractor.

2. Contractor will submit a bill in approved proforma in

quadruplicate to the Engineer-In-Charge of the work giving abstract and detailed

measurements of various items executed during a month as mutually agreed.

The Engineer-In-Charge shall verify the bill and the

claim, as far as admissible, adjusted if possible, within 10 days of presentation

GC-82 RUNNING ACCOUNT PAYMENTS TO BE REGARDED AS ADVANCES :

1. All running account payments shall be regarded as payments by way of advance

against the final payment only and not as payment for work actually done and

completed and shall not preclude the requiring of bad, unsound and imperfect

or unskilled work to be removed and taken away

and reconstructed or rejected or to be considered as an admission

of the due performance of contract or any part thereof.

2. Five (5) percent of the gross R A Bill amount shall be retained from each bill

as retention amount and the same will be paid with the final bill of SITC work.

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GC-83 NOTICE FOR CLAIM FOR ADDITIONAL PAYMENT:

If the Contractor considers that he is entitled to extra payment or compensation or

any claim whatsoever in respect of work, he shall forthwith give notice in writing

to the Engineer-In-Charge about his extra payment and / or compensation. Such

notice shall be given to the Engineer-In-Charge within ten (10) days from the

happening of any event upon which Contractor basis such claims and such notice

shall contain full particulars of the nature of such claim with full details and amount

claimed. Failure on the part of the Contractor to put forward any claim with the

necessary particulars as above, within the time above specified shall be an

absolute waiver thereof. No omission by owner to reject any such claim and no delay

in dealing therewith shall waiver by owner or any rights in respect thereof.

GC-84 PAYMENT OF CONTRACTOR'S BILL:

1. The price to be paid by the owner to Contractor for the work to be done and

for the performance of all the obligations undertaken by the

Contractor under contract shall be based on the contract price and payment to

be made accordingly for the work actually executed and approved by the

Engineer-In- Charge.

2. No payment shall be made for work costing less than

Rs.5,00,000/- till the work is completed and a certificate of completion given. But

in case of work estimated to cost more than Rs.5,00,000/-. Contractor on

submitting the bill thereof will be entitled to receive a monthly payment

proportionate to the part thereof, approved and passed by Engineer-In-Charge,

whose certificate of such approval and passing of the sum so payable shall be

final and conclusive against contractor. This payment shall be made after

necessary deductions as stipulated elsewhere in the contract documents for

materials, security deposit etc. The payment shall be released to the

Contractor within Two (2) month of submission of the bill duly pre- occupied

on proper revenue stamp. Payment due to Contractor shall be made by the owner

by Electronic clearing system or RTGS only in Indian currency. Successful

bidder must furnish his details for the ECS/RTGS.

GC-85 FINAL BILL:

The final bill shall be submitted by Contractor within one (1) month of the date of

physical completion of work, otherwise the Engineer- In-Charge's certificate of the

measurement and of total amount payable for work shall be final and binding on all

measurement and of total amount payable for work shall be final and binding on all

GC-86 RECEIPTS FOR PAYMENT:

Receipt for payment made on account of work when executed by a firm must be signed

by a person holding Power of Attorney in this respect on behalf of Contractor except

when described in the e- Tender as a limited company in which case the receipt must

be signed in the name of the Company by one of its principal officers or by

some person having authority to give effectual receipt for the Company.

GC-87 COMPLETION CERTIFICATE:

1. When the contractor fulfills his obligation as per terms of contract, he shall be

eligible to apply for completion certificate. Contractor may apply for separate

Completion Certificate in respect of each such portion of work by submitting the

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completion documents along with such application for Completion Certificate.

The Engineer-In-Charge shall normally issue to Contractor the

Completion Certificate within one (1) month after receiving an application thereof

from Contractor after verifying, from the completion documents and

satisfying himself that work has been completed in accordance with and as

set out in the construction and erection drawings and the

contract documents. Contractor after obtaining the Completion Certificate is

eligible to present the final bill for work executed by him under the terms of

2. Within one month of completion of work in all respects Contractor shall be

furnished with a certificate by the Engineer-In-Charge of such completion but

no certificate shall be given nor shall work be deemed to have been executed

until all (i) scaffolding, surplus materials and rubbish is cleaned off site completely, (ii)

until work shall have been measured by the Engineer-In-Charge whose

measurement shall be binding and conclusive and, (iii) until all the temporary works,

labour and staff colonies etc. constructed are removed and the work site cleaned

to the satisfaction of the Engineer- In-Charge.

If Contractor shall fail to comply with the requirements as aforesaid or before date

fixed for the completion of work, the Engineer- In-Charge may at the expense of

Contractor remove such scaffolding, surplus materials and rubbish and dispose off

the same as he thinks fit.

3. The following documents will form the completion documents:- Technical

documents according to which the work has been carried out.

a) Three sets of construction drawings showing therein the

modifications and corrections made during the course of execution signed by

the Engineer-In-Charge.

b) Completion Certificate for "Embedded" or "Covered" up work. c)

Certificate of final levels as set out for various works.

d) Certificate of test performed for various work.

e) Material appropriation statement for the materials issued by owner for work

and list of surplus materials returned to owner's store duly supported by

necessary documents.

4. Upon expiry of the period of defect liability and subject to Engineer

- In-Charge being satisfied that work has been duly maintained by Contractor

during the defect liability period of fixed originally or as extended subsequently

and that Contractor has in all respects made up any subsidence and

performed all his obligations under contract, the Engineer-In- Charge (without

prejudice to the rights of owner in any way) give final certificate to that effect.

The Contractor shall not be considered to have fulfilled the whole of his

obligation until final certificate shall have been given by the Engineer-In- Charge.

5. Final Certificate only evidence of completion:

Except the final certificate, no other certificate of payment against a certificate or

on general account shall be taken to be an admission by

owner of the due performance of contract or any part thereof of