CONSTRUCTION OF SUMAN SCHOOL AT T.P.S. NO. 51 (DABHOLI) F. P. NO. 210 IN NORTH ZONE (KATARGAM), SURAT.

VOLUME-I: TECHNICAL BID

START DATE OF DOWNLOAD OF TENDER : From Dt.19/02/2026 to 05/03/2026, upto 17:00

DOCUMENTS FROM WEBSITE:- hrs.

smctender.nprocure.com

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

[email protected] on or before

LAST DATE OF SUBMISSION OF ONLINE : Upto Dt. 05/03/2026 up to 18.00 hrs

TENDER (TENDER FEES, EMD AND OTHER

DOCUMENTS IN SOFT COPY)

SUBMISSON OF PQ SUPPORTING : During Dt.06/03/2026 to 16/03/2026 up to

DOCUMENTS MENTIONED IN TECHNICAL hrs. in sealed envelop by R.P.A.D./ Speed Post to

BID I.E. TENDER FEE, EMD & ADDENDA- Chief Accountant, SMC, Muglisara, Surat-395003

CORRIGENDUM, AFFIDAVIT IF ANY IN HARD

COPY. (PHYSICAL SUBMISSON ONLY)

ON LINE SUBMISIION OF PRICE BID : On or before upto Dt.05/03/2026 18.00hrs.

OPENING OF TECHNICAL BID ALONG WITH : On Dt.06/03/2026 11.00 hrs onwards (Probable)

OTHER DOCUMENT SUBMITTED ONLINE

TENTATIVE PRICE BID OPENING : Dt.18/03/2026 10.00 hrs onwards (Probable)

ESTIMATED AMOUNT : Rs. 11,45,60,745.80 + G.S.T.

EARNEST MONEY DEPOSIT. : Rs.

DOCUMENT FEES : Rs.

CLASS : “AA” Class & Special Category – I (Building) With

TENDER TO BE SUBMITTED TO:

THE CHIEF ACCOUNTANT,

SURAT MUNICIPAL CORPORATION, MUGLISARA

SURAT MUNICIPAL CORPORATION

TENDER DOCUMENT

SR. NO. PARTICULARS PAGE NO.

1. NOTICE INVITING TENDER

STATEMENT-A (Performa for list of works of similar nature already completed by the Tenderer

during last 7 years.)

STATEMENT-B (Performa for declaration regarding work on hand with the tenderer.)

2. ANTI-BLACKLISTING CERTIFICATE

3. ANNEXURE-A (AFFIDAVIT)

5. CONTRACTOR TO PLEASE READ THID CAREFULLY

6. DECLARATION FORM

7. INSTRUCTION TO TENDERER

8. FORMAT FOR BANK GAURANTEE

9. GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE FOR CONTRACTOR

10. GENERAL CONDITIONS OF CONTRACT

11. SCHEDULE-A8

13. CONDITION FOR THE WATER SUPPLY AND ELECTRIC SUPPLY

14. IMPORTANT INSTRUCTION-A TO THE CONTRACTOR

15. SPECIAL NOTE

16. SPECIAL CONDITION OF CONTRACT

17. IMPORTANT INSTRUCTION-B TO THE CONTRACTOR

18. DETAILED SPECIFICATION OF MATERIALS

19. SCHEDULE FOR TESTING OF MATERIALS

20. GENERAL TECHNICAL SPECIFICATION FOR THE BUILDING WORKS

21. ITEMWISE DETAILED TECHNICAL SPECIFICATIONS

22. SPECIFICATION FOR ELECTRICAL INSTALLATION

23. FIRE PROTECTION WORK & FURNITURE WORK

24. APPROVED VENDOR LIST (CIVIL MATERIAL,ELECTRICAL & FIRE SYSTEM) & I.S.CODE

25. COVERING LETTER

SURAT MUNICIPAL CORPORATION

NORTH (KATARGAM) ZONE

1.0 NOTICE INVITING TENDER

(A) RECEIPT AND OPENING OF TENDER:

Online Tenders will be received from the established and reliable contractors on or

before 24.00 hours from 19/02/2026 to 05/03/2026 up to 18.00 hrs. on website

smc.nprocure.com. The tender received after due time and date specified will not be

CONSTRUCTION OF SUMAN SCHOOL AT T.P.S. NO. 51 (DABHOLI) F. P. NO. 210 IN NORTH

ZONE (KATARGAM), SURAT.

1. ESTIMATED COST : Rs. 11,45,60,745.80 + G.S.T.

2. EARNEST MONEY DEPOSIT : Rs.

3. TIME LIMIT : 24 (Twenty Four) Month

4. DOCUMENT FEE : Rs.7,080 .00

5. REGISTRATION REQUIRED : “AA” Class & Special Category – I

(Building) With Experience.

(C) OPENING OF TENDERS:

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

to receipt of Tender Fees & EMD,Addenda Corrigendum(if any) & ANNEXURE- A

(Affidavit) in hard copy in account department (Main Office). But tenderer has to

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

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

Commercial Bid.

(D) PURCHASE OF TENDER DOCUMENTS:

Tender Documents can be downloaded from smctender.nprocure.com from

Tender documents fees of Rs.21,240.00 (including CGST 9% + SGST 9%) per set

which is required for submission of tender towards the cost of tender documents in

cash, pay order or by demand draft of any nationalized bank, in favour of "The

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

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

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

any postal delay in any case.

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

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

submission shall mean that E.M.D. & tender fee are received for purpose of

opening of the bid. Accordingly offer of those shall be opened whose E.M.D. &

tender (bid) fee is received electronically. However, for the purpose of realization

of D.D. bidder shall send the D.D. in original through RPAD / Speed post to Chief

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

per tender notice.

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

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

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

Sr. No. Tender Amount Penalty Amount in Rs.

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

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

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

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

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

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

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

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

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

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

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

 All documents must be coloured scanned to be seen as original. Scanning in black

and white or gray shall not be acceptable.

 All documents must be notarized with clearly-displaying stamp, number and name

 EMD FORMATE The Tender shall be accompanied by of Earnest Money Deposit Rs.

11,46,000.00. The tenderer shall pay Earnest Money Deposit to the 100% in the form

of Pay Order/ Demand Draft from the Nationalized Bank only issued in favour of

Commissioner, Surat Municipal Corporation, Surat through Nationalized Bank only

payable at Surat. The earnest money deposit in the form of FDR or Cheque shall not be

(E) CONTRACT PERIOD:

The total contract period is hereby fixed as 24 (Twenty Four) Months from the 10th

Day of issuance of work order.

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

and in the Instructions to Tenderers, including requirements in the Contract Documents.

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

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

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

(d) The successful tenderer shall execute the Contract Agreement within fifteen days

after the date of Notice of award.

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

(Security Deposit) of an amount equal to (2% or 4%) Two or four percent of the

tendered amount.

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

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

for a period not exceeding fifteen days after the date of execution of the contract

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

submitted by the Agency in whose name tender has been issued. Transfer of

tender documents to any other party is prohibited.

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

participate in the online bidding process.

(j) All the applicant contractors are required to have their own employer’s

code number under EPF Act, 1952 and are required to comply the

applicable provisions of said statute regularly and totally.

(k) Further the contractors for services are required to produce the certified

copies of paid challans in respect of employees/workers employed by said

contractor in respect of work allotted by Surat Municipal Corporation,

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

the bills will not be released.

(G) RECEIPT OF TENDER DOCUMENTS:

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

a. Document fees and EMD Details

b. Commercial Bid

c. Statement A to B along with all necessary supporting documents

d. Bank solvency

f. GST Registration

g. Power of attorney

h. Partnership deed in case of Partnership firm.

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

j. Anti-Blacklist Certificate on Non Judicial Stamp Paper of Rs.300/-

k. CA Certified Turn Over Certificate Of Last 3 Finacial Year As Per Tender

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

a. Tender fees in prescribed format

b. Earnest Money Deposit in prescribed format

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

d. Anti-Blacklist Certificate on Non Judicial Stamp Paper of Rs.300/-

e. Other necessary documents mentioned in Technical Bid (if any)

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

circumstances. This will hold the tender liable for rejection.

(H) Tender Validity Period:

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

(120) calendar days from date of opening of the price bid for this work and the Tenderer

shall not be allowed to withdraw or modify the tender offer on his own during the

validity period.

(I) Rights Reserved:

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

reject the lowest or any other or all tenders or part of its. To waive any informality or

irregularity in any tender, which in the opinion of the Surat Municipal Corporation does

not appear to be in its best interest and the tenderer shall have no cause of action or

claim against the Surat Municipal Corporation or its officers, employee, successors or

assigners for rejection of this tender.

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

notice to proceed, after execution of the contract agreement by the successful Tenderer.

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

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

additions in the terms and conditions on his own in this tender, then The Surat

Municipal Corporation shall without prejudice to any right or remedy be at liberty to

reject the tender and forfeit the Earnest Money Deposit in full. Such Tenderer may be

disqualified from tendering for further works under the jurisdiction of The Surat

Municipal Corporation.

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

work and split the tender in two or more parts without assigning any reason even after

the award of contract.

EXECUTIVE ENGINEER,

NORTH (KATARGAM) ZONE

SURAT MUNICIPAL CORPORATION

SIGNATURE OF CONTRACTOR

SURAT MUNICIPAL CORPORATION

Statement showing the similar works completed in the last seven years, i.e. for a period starting

Sr. Name Na Esti Ten Dat Target date Actu Time limit Perce Reas Rem

No of m mate dere e of of al in year and ntage ons arks

. Depar e d d awa completion Amo months rate for

tment of cost Amo rd of work as unt and delay

/ w of unt of per of amou in

Client or wor con contract work nt of comp

with k k put trac and date of com Penal letio

Addre to t completion plete ty n of

ss tend of work if d work

Ta Comp Ori Exte

rge letion gin nde

t Date al Y d Y

Signature of contractor

Statement showing the similar works on hand / in progress.

Sr. Name Na Estim Tend Date Target date Actu Time limit in Reaso Rem

No. of me ated ered of of al year and ns for arks

Depart of cost Amo awa completion Amo months delay

ment / wo of unt rd of of work as unt in

Client rk work cont per of compl

with put to ract contract wor etion

Addres tende and date of k of

s r completion don work

Tar % Orig Exten

get Prog inal ded

Signature of the contractor

ANTI-BLACKLISTING CERTIFICATE

(on Non Judicial Stamp Paper of Rs.300/-)

(To be provided by Bidder)

with name and address of registered office) hereby certify and confirm that we or any of our

promoter/s/ director/s are not barred by Government of Gujarat (GoG)/ any other entity of GoG

or blacklisted by any state government or central government/ department/ agency/local self

Government/Surat Municipal Corporation in India from participating in Project/s, either

individually or as member of a Consortium as on _____________________ (Bid Submission Date).

We further confirm that we are aware that our Bid for the captioned Project would be liable for

rejection in case any material misrepresentation is made or discovered with regard to the

requirements of this Tender at any stage of the Bidding Process or thereafter during the

agreement period. Dated this __________ day of ___________

To be signed by:

Authorised Signatory with name & designation

Name of the Bidder

Name Of Work :- Construction Of Suman School At T.P.S. No. 51 (Dabholi) F. P. No.

210 In North Zone (Katargam), Surat.

1. I, the undersigned, do, hereby, certify that all the statements made in the required attachments

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

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

2. The undersigned also, hereby, certifies that neither our firm M/s. ________________________________ nor

any of its constituent partners, have abandoned any work of any Government or Semi-

government organization in India, no any contract awarded to us for such works has been

rescinded, during the last 05 years prior to the date of this Bid.

3. The undersigned hereby authorize(s) and request(s) any bank, person, authorities, government

or public limited institutions, firm or corporation to furnish pertinent information deemed

necessary and requested by the SMC to verify our statements or our competence and general

4. The undersigned understands and agrees that further qualifying information may be requested,

and agrees to furnish any such information at the request of the project implementing unit.

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

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

with this application and to seek clarification from our bankers and clients regarding any

financial and technical aspects. This Affidavit will also serve as authorization to any individual or

Authorized representative of any institution referred to in the supporting information, to provide

such information deemed necessary and requested by you to verify statements and information

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

Signed by an Authorized Officer of the Firm

Title of Officer

* To be given on Non-judicial stamp paper or Rs. 300/- duly signed by authorized notary.

* It is mandatory to submit the above Affidavit through online (by scanning) and in hard copy.

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

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

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

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

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

send the D.D. in original through RPAD / Speed post to Chief Accountant, SMC within

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

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

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

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

Sr. Tender Amount Penalty Amount in Rs.

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

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

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

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

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

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

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

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

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

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

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

 All documents must be coloured scanned to be seen as original. Scanning in black and

white or gray shall not be acceptable.

 All documents must be notarized with clearly-displaying stamp, number and name of

"Following Documents shall be submitted in HARD COPY to Surat Municipal Corporation by all

 Earnest Money Deposit as mentioned in the tender. (i.e. D.D./Pay Order)

 Tender Fees as mentioned in the tender.

 Affidavit on Non Judicial Stamp Paper of Rs.300/-

 Anti-Blacklist Certificate on Non Judicial Stamp Paper of Rs.300/-

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

 Other necessary documents mentioned in Technical Bid (if any)

SURAT MUNICIPAL CORPORATION

NORTH (KATARGAM) ZONE

CONTRACTOR TO PLEASE READ THIS CAREFULLY

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

who may have signed the tender for the company, must accompany the tender.

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

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

the contractor.

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

money in form of a crossed demand draft of a local Bank drawn in favour of the

Municipal Commissioner. Earnest Money by cheque shall not be accepted.

(4) The contractor shall have to furnish income tax clearance certificate before his tender is

accepted and intimate assessment No. and Ward under he is which assessed.

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

any must accompany the tender. An attested copy of registration with MES,

Various department of State Govt., Surat Municipal Corporation, CPWD etc.

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

remains to be executed in each case must accompany the tender.

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

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

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

showing item of words to be carried out shall be adjusted in accordance with the

following rules:-

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

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

(b) In the event of an error occurring in the amount column of the Schedule- `B' showing

items of works as a result of wrong multiplication of the unit rate and quantity, the

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

(c) All the errors in totaling in amount column and in carrying forwarded total shall be

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

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

the sum originally tendered and considered for acceptance.

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

requirements as per instruction No.1 to 9 above are not complied with before

submitting the tender. Also please read carefully the face sheet and "General Rules and

Direction for the guidance of contractor" of his form.

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

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

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

carrying out the work or any conditions or correction made in any code or made of

Schedule-`B' or specifications.

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

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

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

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

attorney thereof does not signed or the signature/s is/are not attested by a witness on

page-9 of the tender in the space for the purpose.

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

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

produced alongwith the tender or a certificate regarding the borrowing capacity if the

society issued by the legal Assistant, Directorate of Cottage Industries will have to be

produced alongwith the tender.

(13) (1) The several documents forming the contract are the essential part of the contract and

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

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

(2) In the event of any discrepancy, the several documents forming the contract or in any the

document, the following order or precedence should apply:-

(a) Dimension & quantities:-

(ii) Schedule-B of the tender form.

(iii) Specification.

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

(b) Description:

(i) Schedule-B of the tender form.

(ii ) Drawings.

(iii) Specifications.

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

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

best modern practice is too followed. The contractor should forthwith comply with such

(3) The contractor should take no advantage of any apparent error or omission in drawings or

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

necessary to fulfil the intent of the Plans and specifications.

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

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

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

the progress of the work and the period of maintenance.

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

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

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

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

Tender shall have to execute the concerned work/item as per the site condition and

payment shall be made accordingly as per the actual measurement of the particular

15. As per City Engineer Note No.61, dtd. 05/02/2025

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

online mode (by scanning) while uploading the bid. This submission shall mean that E.M.D.

& tender fee are received for purpose of opening of the bid. Accordingly offer of those shall

be opened whose E.M.D. & tender (bid) fee is received electronically. However, for the

purpose of realization of D.D. bidder shall send the D.D. in original through RPAD / Speed

post to Chief Accountant, SMC within 7 days from the last date of online submission of the

bid as per tender notice.

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

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

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

Sr. No. Tender Amount Penalty Amount in Rs.

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

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

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

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

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

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

and/or bidder will not submit the demand draft in original for the second time and after,

Penaltative action shall be taken for abeyance of registration and cancellation of E-

tendering code for 6 (six) months.

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

scanning) & hard copy will not be accepted separately.

 All documents must be coloured scanned to be seen as original. Scanning in black and white

or gray shall not be acceptable.

 All documents must be notarized with clearly-displaying stamp, number and name of the

EXECUTIVE ENGINEER,

NORTH (KATARGAM) ZONE,

SURAT MUNICIPAL CORPORATION

SIGNATURE OF CONTRACTOR

DECLARATION FORM

I / We, hereby, declare that I / We have visited the site and fully acquainted myself /

ourselves with the local situation regarding Materials, labour and other factors pertaining

to the Work before submitting this tender.

I / We, hereby, declare that I / We have carefully studied the Conditions of Contract,

Specifications and other Tender Document of this Work, and agree to execute the same

EXECUTIVE ENGINEER

NORTH (KATARGAM) ZONE

SURAT MUNICIPAL CORPORATION

Contractor Signature with

Seal & Address:

INSTRUCTION TO TENDERERS

The Contract documents may be secured in accordance with the notice Inviting Tender

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

construction of the work.

IT-02 INVITATION TO TENDER:

The Surat Municipal Corporation hereinafter referred to as the Corporation will receive

tenders for the work of Construction Of Suman School At T.P.S. No. 51 (Dabholi) F. P.

No. 210 In North Zone (Katargam), Surat. As per the specifications in the tender

documents. The tenders shall be opened in presence of opening authority, smc in the

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

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

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

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

employees, successors or assignees for rejection of his tender.

IT-03 LANGUAGE OF TENDER:

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

English, Information in any other language shall be accompanies by its translation in

English. Failure to comply with this may make the tender liable to reject.

IT-04 QUALIFICATIONS OF TENDERERS:-

Sr. Documents required for

No. complete submission

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

years, ending 31/03/2025, should be at least 30% of Chartered Accountant along

the estimated cost (i.e. 30% of 1145.60 lakh) with copy of Balance sheets.

1.2 Solvency Certificate from bankers of schedule

Fresh Solvency certificate from bankers of schedule bank / nationalized bank

bank / nationalized bank. Minimum value of solvency

shall be 20% of estimated cost of the Tender

(Solvency certificate should not be older than One

year from Last date of online Tender submission.)

(i.e. 20% of 1145.60 lakh)

2.0 Registration

2.1 Minimum “AA” Class & Above Registration Class with Registration Certificate

any government, semi government organization

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

deed. submitted

3.0 Relevant Experience

3.1 Similar works during last 7 years. (Only consider

Building Work, E.G.- School Building,University

Building,Health Center Building,Hospital&hostel

Building etc.) Attested copies of certificates

3.1.1 Three similar completed works, each costing not less from head of the office

than amount equal to 40% of the estimated cost put to concerned for completion of

the tender(i.e. 40% of 1145.60 lakh) the works.

Or Only Govt. or Semi Govt.

3.1.2 Two similar completed works, each costing not less Works shall be considered

the amount equal to 50% of the estimated cost put to for Similar Works.

the tender(i.e. 50% of 1145.60 lakh)

3.1.3 One similar completed works, each costing not less

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

the tender. (i.e. 80% of 1145.60 lakh)

4.0 Other details

4.1 Black list.

The Bidders shall note that in case the Bidder is

blacklisted / stated as defaulter / barred participating

in tenders by any of government agencies / semi

government agencies or any other equivalent agencies

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

be disqualified and will not be allowed to participate

in the bidding process, though bidder satisfies all the

qualification conditions mentioned above. In this

regard, the decision of the Surat Municipal

Corporation will be final and binding to Bidder.

4.2 Works on hand & Litigation

The Bidder including any Member shall provide

details of all their on-going projects along with stage STATEMENT-A & B

of litigation, if so, against the Employer /

NOTE:- Similar work shall mean Construction of R.C.C Frame Structure For Building

work (Only consider Building Work E.G.- School Building,University

Building,Health Center Building,Hospital&hostel Building etc.)done for Govt. or

Semi Govt. only.

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

atleast 30% of Estimated Cost. An attested copy of annual turnover for last 3 years

should be enclosed.

(b) Solvency certificate from bankers of schedule bank / nationalized bank for the 20%

of tender amount. Tenderer has to submit higher amount of bank solvency if so

desired by Commissioner, SMC (Solvency certificate should not be older than

One year from Last date of online Tender submission.)

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

Municipal Corporation, CPWD etc.

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

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

completion of the works.

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

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

Financial Year Multiplying factor

Three (2022-23)

Seven (2018-19)

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

Statement-A without accounting for the above mentioned factors.

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

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

certificates if any shall also be attached as supporting documents.

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

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

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

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

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

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

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

disqualified if they have

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

attachments submitted in proof of the qualification requirements; and /or

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

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

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

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

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

authority requires that bidders under this contracts, observe the highest

standard of ethics during the procurement and execution of such contracts.

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

any corrupt or fraudulent practices in competing for this contract or in past

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

of India/ Semi Government/ PSU in last 05 years.

IT-05 TENDER DOCUMENTS :

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

as Tender documents. The several sections forming the documents are the essential

parts of the contract and a requirement occurring in one shall be binding as though

occurring in all. They are to be taken as mutually explanatory and describe and provide

for complete works.

IT-06 EXAMINATION BY TENDERERS:

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

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

which may 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 Tender Documents.

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

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

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

signed, stamped and returned together with the Tender Security Bond by the

stipulated date, which shall form the Tender.

The Tenderer is required to complete:

(I) The form of tender, including the Appendices thereto Tender Security Bond and

the Tender summary duly signed and stamped.

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

contained in the tender documents and the tenderer shall not take out or add to or

amend the text of any of the documents except in so far as may be necessary to

comply with any addenda issued pursuant to Clause IT-17 hereof.

IT-07 EARNEST MONEY DEPOSIT:

Where the contractor is required to submit bank guarantee against payment

towards any deposit e.g. EMD, SD, etc., such bank guarantees shall be produced only

from any one of the following Nationalized/Schedule banks as listed below :

As Per Annexure 1 Finance Department, GR. No. FD/MSE/e-file/4/2024/2859/D.M.O,

A. Gaurantees Isuued By the following bank will be accepted as SD/EMD on Permanent

All Nationalized Banks

B. Gaurantees Isuued By the following bank will be accepted as SD/EMD for the period up

to March 31, 2026. The Validity Cut Off Date in the OR is with respect to the date of issue

of Bank Guarantee irrespective of the date of termination of Bank Gaurantee.

 Axis Bank  South Indian Bank

 AU Small Finance Bank  Standard Chartered Bank

 Bandhan Bank  Tamilnadu Mercantile Bank

 Barclays Bank  Utkarsh Small Finance Bank

 City Union Bank  Yes Bank

 CSB Bank  Ahmedabad Mercantile Co.Op. Bank

 DBS Bank India Limited  Nutan Nagrik Sahakari Bank Limited

 DCB Bank  Rajkot Nagarik Sahakari Bank Ltd. RBL

 Equitas Small Finance Bank Bank

 ESAF Small Finance Bank  Saraswat Co. Operative Bank Ltd.

 Federal Bank  SBPP Co. Operative Bank Ltd.

 HDFC Bank  SVC Co. Operative Bank Ltd.

 HSBC Bank  The Cosmos Co-Op Bank Ltd.

 ICICI Bank  The Gujarat State Co. Operative Bank

 IDBI Bank  The Mehsana Urban Co. Op. Bank Ltd.

 IDFC First Bank  The Surat District Co. Op. Bank Ltd.

 Jammu & Kashmir Bank  The Surat People’s Co. Op. Bank Ltd.

 Jana Small Finance Bank  The Kalupur Commercial Co. Op.Bank Ltd.

 Karnataka Bank  The Panchmahal District Co. Op. Bank Ltd.

 Karur Vysya Bank  The Baroda District Co. Op. Bank Ltd.

 Kotak Mahindra Bank  Baroda Gujarat Gramin Bank

 Saurashtra Gramin Bank

A. The Tender shall be accompanied by of Earnest Money Deposit Rs. 3,80,500.00. The

tenderer shall pay Earnest Money Deposit to the extent of 50% in the form of Bank

Guarantee from the Nationalized/Schedule Bank only. The balance 50% of the Earnest

Money Deposit is to be deposited by pay order/demand draft issued in favour of

Commissioner, Surat Municipal Corporation, Surat through Nationalised/ Schedule Bank only.

OR the tenderer shall pay Earnest Money Deposit to the 100% in the form of Pay Order/

Demand Draft from the Nationalized Bank only issued in favour of Commissioner, Surat

Municipal Corporation, Surat through Nationalized Bank only payable at Surat. The earnest

money deposit in the form of FDR or Cheque shall not be accepted

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

Branch of the said nationalized bank.

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

bank guarantee shall be for minimum period of 180 days. The tenderer shall have to mention

details of Earnest Money Deposit on the sealed cover of Earnest Money Deposit. The tender

received without Earnest Money Deposit shall be out rightly rejected.

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

Branch of the said nationalized bank.

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

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

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

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

tenderer from tendering for further works, under the jurisdictions of the

Corporation (S.M.C.).

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

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

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

IT-08 REMOVAL OF CONSTRUCTION DEBRIES :

The Contractor has to clear the site incl. removal of dusts, stones, excess excavated soils

and other materials from all parts, left out concrete, brick bats, and wastage of tiles,

granite etc., plaster residues, Color residue and any other debris before handing over

site to the Municipal Corporation. No additional payment for the same will be made

from corporation regarding cleaning of site and carting of debris from the site to the

Conditions should be followed as per GC-151 (C & D waste).

IT-09 PREPARATION OF TENDER DOCUMENTS:

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

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

herein in English. All tender items and statements shall be properly filled in.

Numbers shall be stated both in words and in figures where so indicated, and

signatures of all persons signing shall be in longhand.

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

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

of status and probity and their full names, occupations and address shall be stated

below their signatures. All signatures in the Tender Documents shall be dated.

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

the Tender Document in the space available and duly signed and stamped. Such

variations may be approved or refused by the Engineer at the time of adjudications

of Tenders, and in either case the Engineer is not obliged to give reasons for his

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

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

IT 10 SUBMISSION OF TENDERER DOCUMENT:-

Technical bid and price bid are not to be submitted in physical form. Please note

that non submission of Technical Bid as well as price bid does not absolve the

bidders from any liability created from the bid condition and bidding process.

Technical-Bid and Price Bid in hard copy shall be submitted by Successful bidder

upon intimation from Surat Municipal Corporation.

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

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

online mode (by scanning) while uploading the bid. This submission shall mean that E.M.D.

& tender fee are received for purpose of opening of the bid. Accordingly offer of those shall

be opened whose E.M.D. & tender (bid) fee is received electronically. However, for the

purpose of realization of D.D. bidder shall send the D.D. in original through RPAD / Speed

post to Chief Accountant, SMC within 7 days from the last date of online submission of the

bid as per tender notice.

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

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

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

Sr. No. Tender Amount Penalty Amount in Rs.

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

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

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

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

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

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

and/or bidder will not submit the demand draft in original for the second time and after,

Penaltative action shall be taken for abeyance of registration and cancellation of E-

tendering code for 6 (six) months.

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

scanning) & hard copy will not be accepted separately.

 All documents must be coloured scanned to be seen as original. Scanning in black and white

or gray shall not be acceptable.

 All documents must be notarized with clearly-displaying stamp, number and name of the

"Following Documents shall only be submitted in HARD COPY to Surat Municipal

Corporation by all bidders."

 Earnest Money Deposit as mentioned in the Tender.

 Tender Fees as mentioned in the tender

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

 Anti-Blacklist Certificate on Non Judicial Stamp Paper of Rs.300/-

 Other necessary documents mentioned in Technical Bid (if any)

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

All necessary documents mentioned in Technical bid (if any). shall be submitted

(i) COVER-1: Technical Bid

E.M.D and Tender Fees for the work of Construction Of Suman School At T.P.S. No.

(Dabholi) F. P. No. 210 In North Zone (Katargam), Surat. along with other

Documents in Hard Copy upto 06/03/2026 to 16/03/2026 up to 18.00 hrs. Also

mention the name of tenderer, address, tender notice number etc. on the cover .

Price bid for the work of Construction Of Suman School At T.P.S. No. 51 (Dabholi) F.

P. No. 210 In North Zone (Katargam), Surat. shall be submitted online.

The name of work to be written on cover shall be work Construction Of Suman School

At T.P.S. No. 51 (Dabholi) F. P. No. 210 In North Zone (Katargam), Surat. Also

mention the name and the address of tenderer, tender notice number on the cover and

to be submitted to the Chief Accountant, Surat Municipal Corporation, Muglisara,

2. Tenderer shall be required to submit the enlisted documents as mentioned below in

Cover-1. If necessary document founds insufficient then the Price Bid of the tenderer

shall not be opened.

(a) The tender shall be accompanied by Earnest Money Deposit of Rs.

The tenderer will pay Earnest Money Deposit by Pay Order/Demand Draft

issued in favour of "Commissioner, Surat Municipal Corporation, Surat" by

Nationalized Bank. In the form of Demand Draft and Pay Order

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

invariably be given.

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

be fixed on relevant Page of the tender documents.

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

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

names, qualifications and experience.

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

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

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

contract documents and has made himself aware of the scope and specifications of the

work to be done and of conditions and nature of required quantities of materials stores,

tools and plants etc. that may be required by him in carrying out the work and of local

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

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

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

Registered Post A.D. or by Speed Post through Postal Authority only by the "Chief

Accountant, Surat Municipal Corporation, Muglisara, Surat-395003 upto 06/03/2026

to 16/03/2026 upto 18.00 hrs.

Opening of Technical Bid along with other Documents submitted online through on Dt.

06/03/2026, 11.00 hrs. (Technical Bid) onwards (Probable) & Tentative Price Bid

Opening on Dt. 18/03/2026 11.00 hrs. onwards (Probable) in the presence of the

tenderers, who shall remain present in the office of "Tender opening officer, Surat

Municipal Corporation, Surat. Late tenders (i.e. tenders received after the specified time

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

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

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

the tender notice shall not be received by the client from the postman. Such tenders if

received will not be opened and will stand rejected.

6. Tender shall stand rejected if:

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

removed or replaced.

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

laid down in the notice tender documents, failing which the tender will be liable

3. Tenderer's tender/quotation containing conditions shall be liable for rejection

out rightly without assigning any reason for the same.

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

5. Stipulates his own conditions.

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

or Central taxes in his rates.

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

partnership firm.

8. Does not pay the Earnest Money Deposit by Demand Draft/Pay order or as

mentioned in the tender and Tender Fees with Technical Bid (Cover-1).

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

Account Office as directed.

10. Does not attach the document mentioned/ does not submit documents required

in soft copy (By scanning)

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

the time limit allowed for carrying out the work or any other condition.

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

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

9. The tenderer shall submit the tender which satisfies each and every conditions laid

down in this notice and tender documents failing which the tender is liable for rejection.

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

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

Municipal Corporation who does not bind himself to accept the lowest and reserves the

right to accept or to reject any or all quotations/tenders and no reasons will be given

for acceptance or rejection thereof.

12. The contractor shall also attach list of machineries, tools, plants, equipment s which he

propose to deploy for this work.

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

payable by the Contractor.

14. Tender once accepted shall be binding on the contractor even if the formal agreement

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

concerned department, Surat Municipal Corporation, Surat.

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

Corporation after placing the work order for the said work from SMC.

17. The successful tenderer may be required to furnish surety of 20% of the contract value

on stamp paper if so desired by the Municipal Commissioner.

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

19. Unless specifically mentioned by the tenderer for the extra payment of taxes on price

quoted by them it will be presumed the prices quoted are inclusive of the all taxes and

no claim will be entertained for payment of extra taxes on the bills submitted by them.

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

21. Surat Municipal Corporation reserves the right to open or not to open any or all Price-

bid without assigning any reason thereof.

IT-11 TENDER VALIDITY PERIOD :

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

(120) Calendar day from the date of opening of price bid and that the tenderer shall not

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

The tenderer will not be allowed to withdraw the tender or make any modifications or

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

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

and forfeit the Earnest Money Deposit in full.

IT-12 SIGNING OF TENDER DOCUMENTS :

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

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

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

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

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

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

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

addresses of all the partners of the firm shall also accompany the tender.

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

duly authorized person holding the power of attorney for signing the Tender in which

case a certified copy of the power of attorney shall accompany the Tender. Such limited

company or Corporation may be required to furnished satisfactory evidence of its

existence before the contract is award.

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

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

Tender document shall be dated.

IT-13 WITHDRAWAL OF TENDERS :

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

Security (Earnest Money) shall be forfeited and the Tenderer may be disqualified from

tendering for further works under the jurisdiction of SURAT MUNICIPAL CORPORATION

IT-14 INTERPRETATIONS OF TENDER DOCUMENT :

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

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

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

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

query to the Divisional Head provided for concerned authority as referred in the Tender

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

Contract). Any resulting interpretation of the Tender documents will be issued to all

Tenderers as an addenda corrigendum. Verbal clarification and / or information given

by the SMC / Consulting Engineer shall not be binding on the Municipal Corporation.

IT-15 ERRORS AND DISCREPANCIES IN TENDERS :

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

words shall prevail and apply in such cases.

IT-16 MODIFICATION OF DOCUMENTS :

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

required, will be made by an addendum. Copies of each addendum will be sent to all

tenderers. These shall be Signed and shall form a part of tender. The tenderer shall not

add to or amend the text of any of the documents except in so far as may be necessary to

comply with any addenda.

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

addenda in the preparation of tenders. Tenderers shall verify the number of addenda

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

acknowledge may cause the Tender to be rejected.

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

requirements. Such addenda may modify previously issued Addenda.

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

IT-18 TAXES AND DUTIES ON MATERIAL :

All charges on account of Octroi, terminal tax or Sales tax or other taxes for time being in

force etc. and other duties on material obtain for the works from any source shall be

borne by the Contractor. 'P' and 'C' form shall not be supplied by the Municipal

IT-19 EVALUATION OF TENDERS :

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

IT-20 EVALUATION OF TIME REQUIRED FOR COMPLETION :

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

tenderer in the completion schedule attached with the tender. The completion period

mentioned in this schedule is to be reckoned from 10th day from the date of work order

to proceed. Total completion period is calendar months from 10th day from date of issue

of work order and tenderer s should adhere to this delivery time.

IT-21 POLICY FOR TENDER UNDER CONSIDERATION :

Tenders shall be termed to be under consideration from the opening of the tender until

such time an official announcement of award is made.

While tenders are under consideration, tenderer s and their representative or other

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

Corporation or representatives on matters related to the tenders under study. The

Engineer's representative if necessary will obtain clarification on tenders by requesting

information from any or all the tenderer s either in writing or through personal contact,

as may be necessary. The tenderers will not be permitted to change the substance of his

tender after price submission. Non-compliance with this provision shall make the

tender liable for rejection.

IT-22 PRICES AND PAYMENTS :

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

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

equipment, supervisions, other services, royalties and Octroi etc. and to include all

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

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

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

IT-23 PAYMENT TERMS :

The terms of payment are defined in the General Conditions of Contract. The Municipal

Corporation shall not under any circumstances relax, their terms of payment and will

not consider any alternative payment terms. Tenderer s should therefore in their own

interest note this provision to avoid rejection of their tenders.

Award of the Contract or the rejection of tenders will be made during the Tender

validity period stated in the Notice Inviting Tenders.

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

successful Tenderer shall execute the Contract Agreement within the time stated in

the Notice Inviting Tenders and shall furnish the Bond as required herein. The

Contract Agreement shall be executed in the form stipulated by the owner. A copy of

the required form is included in the contract documents.

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

Agreement within the stated time limit or fails or refuses to furnish the Bond as

required herein, the SMC may annul his award and declare the tender security

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

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

officer signing the Contract Agreement & Bonds for the Corporation, partnership

firm or other consortium acting as the Tenderer is duly authorized to do so.

IT-25 SIGNING OF CONTRACT :

The successful tender shall be required to pay the security deposit and to execute the

contract within 10 days of receipt of intimation to execute the contract, failing which the

Municipal Corporation will be entitled to annul the award and forfeit the Earnest Money

Deposit. The person to sign the contract document shall be person detailed in Article IT-

IT-26 DISQUALIFICATION :

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

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

opened before the due date of opening (as per Article IT-10 i.e. Submission of

Tender Document).

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

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

Translation in case of other language adopted for tender preparation.

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

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

(f) The tenderer does not agree to deposit security amount as specified (as per Article

IT-25 i.e. Signing of Contract).

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

Payment Terms.)

(h) Conditional tender.

A. Tenderer may further be disqualified if :

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

provided in the Tender Documents.

(b) Completion schedule offered is not consistent with the completion schedule

defined and specified in tender documents.

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

Validity Period.

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

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

(f) Any erasure is made in the tender.

(g) Affidavit of Annexure A on Non Judicial Stamp Paper of Rs.300/- is not attach

(h) Anti-Blacklist Certificate on Non Judicial Stamp Paper of Rs.100 is not attch

IT-27 PERFORMANCE GUARANTEE (SECURITY DEPOSIT) :

The total Security Deposit is 4% (Four) percent of contract value and shall be as under:

The successful tenderer shall have to pay initial security deposit at 2% (two) percent of the

tendered amount.

 Initial Security Deposit (2%) shall be paid in form of Cash or Demand Draft/ Pay Order if

the Tender Amount of work is less than Rs. 2.00 crore.

 Initial Security Deposit (2%) shall be paid in form of Cash or Demand Draft/ Pay Order /

bank Guarantee (encashable at Surat city)/ FDR if the tender Amount of work is more

than Rs. 2.00 crore & 2.00 crore.

The person/persons whose tender may be accepted [here-in after called the Contractor, which

expression shall unless excluded by or repugnant to the context include his heirs, executors,

administrators and assignees shall (within 15 days of the receipt by him of the notification of

the acceptance of his tender) deposit with Municipal Commissioner cash or Government

securities endorsed to the Commissioner sum sufficient which will make up the full security

deposit specified in the tender.

If the amount of the security deposit to be paid in lump sum within the period specified above is

not paid the tender contract already accepted shall be considered as cancelled. The security

deposit lodged by Contractor shall be refunded after the expiry of the Defects Liability period as

shown in the attached Memorandum after deducting dues, if any, which become liable to be

recovered from the Contractor under the terms and conditions of this Agreement.

Regarding remittance and release of Security Deposit (SD), Retention money deposit

(RMD) following clause will supersede over and above all the clauses depicted in the

tender document.

Tender costing Less than Rs.2.00 Crore.

(a) Remittance of SD/RMD

(i) The total security deposit shall be recovered at the rate of 4% from contractor. Out of

which, 50% of amount as Initial Security Deposit shall be payable at the rate of 2%

of approved tender cost in form of Cash or Demand Draft/ Pay Order of any

Nationalised Bank (encashable at Surat city).

(ii) The remaining amount of the Security Deposit i.e. 2% to be deducted from each

running account bill.

(iii) 5% Retention money deposit (RMD) to be retained from each running account bill.

(b) Release of SD/RMD

(i) The 2% Initial security deposit in form of Cash or Demand Draft/ Pay Order shall

be released after clearance of Final bill by Audit Dept and completion of defect

liability period.

(ii) Whereas, the 2% security deposit recovered from the each running account bills

Shall be released along with Final Bills according to Work Quality..

(iii) 5% Retention money deposit (RMD) to be released along with final bill.

Tender costing Rs.2.00 Crore. & more than Rs.2.00 Crore.

(a) Remittance of SD/RMD

(i) The total security deposit shall be recovered at the rate of 4% from contractor. Out of

which, 50% of amount as Initial Security Deposit shall be payable at the rate of 2% of

approved tender cost in form of in Cash or Demand Draft/ Pay Order / FDR / Bank

Guarantee of any Nationalised Bank (encashable at Surat city).

(ii) The remaining amount of the Security Deposit i.e. 2% to be deducted from each

running account bill.

(iii) 5% Retention money deposit (RMD) to be retained from each running account bill.

(b 1) Release of SD/RMD

(i)The 2% Initial security deposit in form Demand Draft /Pay order / FDR shall be

released after clearance of Final bill by Audit Dept & completion of defect liability

(ii) Whereas, the 2% security deposit recovered from the each running account bills

Shall be released along with Final Bills according to Work Quality.

(iii) 5% Retention money deposit (RMD) to be released along with final bill.

(b 2) Release of SD/RMD

(i)The 2% Initial security deposit in form Bank Guarantee shall be released along with

Final Bills according to Work Quality.

(ii) Whereas, the 2% security deposit recovered from the each running account bills

Shall be released after clearance of Final bill by Audit Dept & completion of defect

liability period.

(iii) 5% Retention money deposit (RMD) to be released along with final bill.

The amount recovered from the running bills as security deposit shall not be allowed to the

transferred in the form of Bank Guarantee. However, the remaining 50% (2% of Security

Deposit) of the amount so, deducted from running bills will be allowed for conversion in the

form of interest bearing fixed deposit receipt, (FDR) issued in favour of the Municipal

Commissioner, Surat Municipal Corporation, Surat by a Nationalized Bank located at Surat only.

Additional stamp duty payable as per government prevailing rule shall be paid by contractor for

remittance of this FDR.

It is clarified that the amount of security deposit shall be collected on the basis of contract price

and not on the basis of Estimated Amount put to tender. As initial Security Deposit as mentioned

above, accepted by the competent Authority shall have to be paid toward Security Deposit at

the time of execution of agreement.

Interest will be payable on FDR (that is deducted from Running Bill and converted in to FDR for

initial SD) for One year, after completion of work. After that no further interest shall be paid for

any extended period what so ever.

If the Security Deposit is not paid within 15 days from the date of L.O.I. / Work Order than

penalty at the rate of 0.065% per day of the amount of Security Deposit will charged. If the

Security Deposit is not paid within one month with interest, necessary actions as per condition

of contract will be taken.

Initial Security Deposit ( i.e. 2% Of Tender Amount) in form of Bank Guarantee may be

accepted as per relevant tender provision, However BG shall be valid till final date of

completion of work+1year (Whether final bill is audited and paid or not). It shall be

contractor's responsibility to extent the BG On Or Before expiry of time limit of BG. In

case of late renewal of BG, penalty of security deposit shall be levied at the rate of 0.065%

of per day of BG amount.

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

paper of Rs. 300/- if initial Security Deposite paid in form Bank Guarantee or Demand

draft as per the form of the agreement approved by the Municipal Corporation, Surat.

If initial Security deposit is paid in form of Fixed Deposit, additional stamp paper

amounting As per government’s prevailing rule of Security Deposit shall be used to

execute the agreement.

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

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

IT-28 STAMP DUTY :

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

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

of the agreement approved by the Municipal Corporation, Surat.

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

The Undertaking and Surety shall be executed on stamp paper worth Rs.300/- +

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

shall be construed as establishing a standard or quality and performance and not as limiting

competition and the tenderer in such cases, may at their option freely use any other product,

provided that it ensures and equal or higher quality than the standard mentioned and meets

Municipal Corporation approval

IT-30 NON-TRANSFERABLE :

Tender documents are not transferable.

IT-31 COST OF TENDERING :

The owner will not defray expenses incurred by Tenderer s in tendering.

IT-32 DEFECT OF TENDER :

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

date of receipt of the tenders for this work and that the tenderer shall not be allowed to

withdraw or modify the offer on his own during the period. If any tenderer withdraws

or makes any modifications or additions in the terms and conditions on his own, then

the Municipal Corporation, shall without prejudice to any right or remedy, be at liberty

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

IT-33 CHANGE IN A QUANTITY :

The Surat Municipal Corporation reserves the right to waive any informality in any

tender and to reject one or all tenders without assigning any reasons for such rejections

and also to very to quantities of items or group as specified in the Schedule of price as

may be necessary. Claim what so ever by the contractor on the basis of variation of

quantities shall not be entertained.

IT-34 NEW EQUIPMENT AND MATERIAL ;

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

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

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

IT-35 RIGHTS RESERVED ;

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

irregularity in any tender without assigning any reasons. The SMC further reserves the

right to withhold issuance of the notice to proceed, after execution of the contract

agreement, for the period of time stated in the notice inviting tenders and no additional

payment will be made to the successful tenderer on account of such withholding. The

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

IT-36 Municipal Commissioner reserves the right to reduce the scope of work and split the

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

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

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

have to carry out the work in accordance with the details specifications. No conditions

will be accepted. The conditional tender will be liable to be rejected.

IT-39 The surplus excavated earth, after back-filling the trenches shall have to be removed

from the site as directed.

After compaction and consolidation, if any short fall of earth is found then contractor

has to bring the same to the required quantity in order to meet shortfall at his own cost.

More over, if any settlement of road after reinstatement is oobserved during the defect

liability period of the work. Contractor shall be fully responsible for the defective work

and patches/ depression / settlement shall be repaired with quarry spoil or metal at

contractor's own cost. If contractor fails to repair the patches / depression / settlement

in time, corporation will repair it at all risk and cost of contractor.

Surplus earth shall not be disposed off in a way that leads to nuisance to the public or

IT-40. RIGHT OF WAY :

The site of the Work (the “Site”) shall comprise the site described in contract in

respect of which the Right of Way shall be provided by the Surat Municipal Corporation

to the Contractor.

Special/temporary Right of Way

The Contractor shall bear all costs and charges for any special or temporary

right of way required by it in connection with access to the Site. The Contractor shall

obtain at its cost such facilities on or outside the Site as may be required by it for the

purposes of the Work and the performance of its obligations under this Agreement.

Geological and archaeological finds

It is expressly agreed that mining, geological or archaeological rights do not form

part of this Agreement with the Contractor for work, and the Contractor hereby

acknowledges that it shall not have any mining rights or interest in the underlying

minerals, fossils, antiquities, structures or other remnants or things either of particular

geological or archaeological interest and that such rights, interest, and property on or

under the Site shall vest in and belong to the Surat Municipal Corporation or the

concerned Government Instrumentality. The Contractor shall take all reasonable

precautions to prevent its workmen or any other person from removing or damaging

such interest or property and shall inform the Surat Municipal Corporation forthwith of

the discovery thereof and comply with such instructions as the concerned Government

Instrumentality may reasonably give for the removal of such property. For the

avoidance of doubt, it is agreed that any reasonable expenses incurred by the Contractor

hereunder shall be reimbursed by the Surat Municipal Corporation. It is also agreed that

the Surat Municipal Corporation shall procure that the instructions hereunder are

issued by the concerned Government Instrumentality within a reasonable period.

IT-41. UTILITIES AND TREES :

Existing utilities and roads

Not with standing anything to the contrary contained herein, the Contractor

shall ensure that the respective entities owning the existing roads, right of way, level

crossings, structures, or utilities on, under or above the Site are enabled by it to keep

them in continuous satisfactory use, if necessary, by providing suitable temporary

diversions with the Surat Municipal Corporation of the controlling body of that road,

right of way or utility.

The Contractor shall allow, subject to such conditions as the SMC may specify,

access to, and use of the Site for laying telephone lines, water pipes, electric cables, or

other public utilities.

The SMC may, by notice, require the Contractor to connect any adjoining road to the

Work, and the connecting portion thereof falling within the Site shall be constructed by

the Contractor at the SMC’s cost which shall be pre-negotiated between the parties.

The SMC may by notice require the Contractor to connect, through a paved road,

any adjoining service station, hotel, motel or any other public facility or amenity to the

Work, whereupon the connecting portion thereof that falls within the Site shall be

constructed by the Contractor on payment of the cost. The cost to be paid by the SMC to

the Contractor shall be determined by the SMC’s Engineer.

In the event the construction of any Works is affected by a new utility or works

undertaken, the Contractor shall be entitled to a reasonable Time Extension as

determined by the SMC’s Engineer.

EXECUTIVE ENGINEER,

NORTH (KATARGAM) ZONE

SIGNATURE OF THE CONTRACTOR. SURAT MUNICIPAL CORPORATION

FORMAT FOR BANK GAURANTEE

The Commissioner,

Surat Municipal Corporation,

[1] In consideration of the Terms and Conditions of an "Agreement made between

Commissioner, Surat Municipal Corporation, Surat (herein after called" Surat Municipal

Corporation") and…………………………… (Contractor) (hereinafter called "Contractor" for

……………. (Name of work) for the …………………… deposit for the due fulfillment by the

contractor of the terms and conditions contained in the said agreement, We Bank of

…………………………………….. (hereinafter referred to as the Bank) at the request of

……………………………. (Name of Contractor) do hereby undertake to pay the Surat

Municipal Corporation an Amount not exceeding Rs………….. (i.e. 50% of Total……………….

Deposit Amount) against any loss or damage caused to or suffered by Surat Municipal

Corporation by reason of any breach of any term or condition contained in the said

agreement by the said Contractor.

[2] We Bank of……………………………… do hereby undertake to pay the amount due and

payable under this Guarantee without any demur merely on a demand from the Surat

Municipal Corporation stating that the amount claimed in due by way of loss of damage

caused to or would be caused to or suffered by the Surat Municipal Corporation by the

reason of breach by the said contractor of any of the terms and conditions in the said

agreement of by reason of the contractor failure to perform the said agreement. Any

such demand made on the Bank shall be conclusive as regards the amount due and

payable by the Bank under this guarantee shall be restricted to an amount not exceeding

Rs……..….. (50% of Total of Amount of…………………….. Deposit).

[3] We undertake to pay the Surat Municipal Corporation any money so demanded

notwithstanding dispute or disputes raised by the contractor. In any suit of proceeding

pending before any Court or Tribunal relating thereto our liability under this present

being absolute and unequivocal. The payment so made by under this bond shall be a

valid discharge of our liability for payment there under and the contractor shall have no

claim against us for making such payment.

[4] We Bank of ……………………, ………………………. further agree that the guarantee herein

contained shall remain in full force and effecting during the period that would be taken

for the performance of the said agreement and that under or by virtue of said agreement

have been fully paid and its clime satisfied or discharged or till Commissioner, Surat

Municipal Corporation, Surat clarified that the terms and conditions of the said

agreement have been fully and properly carried out by the said contractor and

accordingly discharge this guarantee. Unless a demand or claim under this agreement is

made on us in writing on or before (dt.) …………………… we shall be discharged from all

liability under this Guarantee thereafter.

[5] We Bank of ……………………………………………… further agree with the Surat Municipal

Corporation that the Surat Municipal Corporation shall have the fullest liberty without

our consent and without in any manner our obligations hereunder to very and of the

terms and conditions of the said agreement or to extend the time of performance by the

said contractor from time to time or to postpone for any time or time to time any of the

power exercisable by the Surat Municipal Corporation against the said contractor and to

Forbes or enforce any of the terms and conditions relating to the said agreement and we

shall not be relieved from our liability by reason of any variation or extension being

granted to the said contractor or for any béarnaise, act or omission of the part of the

Surat Municipal Corporation or any indulgence by the Surat Municipal Corporation to

the said contractor or by any such matter or thing whatsoever which under the law

relating to sureties would but for his provision have of a relieving us.

[6] This guarantee will not be discharged due to the change in the constitution of the Bank

or the Contractor.

[7] We Bank of ……………………………… lastly under take not to revoke during its urgency

except with the previous consent of the Surat Municipal Corporation in writing.

NOT WITH STANDING ANYTHING CONTAINED HERE IN :

[1] Our liability under this bank guarantee is restricted to Rs. ………………. (50 % Amount of

………………. Deposit)

[2] This bank guarantee is valid up to ………………………..

[3] Our liability to make payment shall arise and we are liable to pay the guarantee amount

or any part there of under this guarantee, only if served upon us a written claim a

demand in terms of the guarantee on or before dt. ……………

[4] In written of bank has executed this present the day and year first written.

Date the …………… , Month ………………. , Year ……….. for …………. (Bank name).

Seal, stamp and signature

of Bank's authorized Signatory

SURAT MUNICIPAL CORPORATION

PERCENTAGE RATE TENDER & CONTRACT FOR WORKS

GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF CONTRACTORS :-

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

tender pasted on a board hung up in the office of the Engineer & signed by the Engineer.

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

opening tenders and the time allowed for carrying out work, also the amount of

earnest money to be deposited with the tender and the amount of the Security Deposit

to be paid by the successful tenderer and the percentage, if any, to be deducted from

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

ground rent will be granted. Copies of the specifications, designs and drawings and

estimated rated scheduled rates and any other documents required in connection with

the work which shall be signed by the Engineer- in-charge for the purpose of

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

Engineer-in- charge during office hours.

Where the work are proposed to be executed according to the specifications

recommended by a contractor and approved by a competent authority on behalf

of the corporation, such specifications with designs and drawings shall form part of

the accepted tender.

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

each partner thereof, or in the event of the absence of any partner, it shall be signed

on his behalf by a person holding a power of attorney authorizing him to do so.

(3) Receipts for payments made on account of any work, when executed by a firm, shall

also be signed by all the partners, except where the contractor are described in their

tender as a firm, in which case the receipts shall be signed in the name of the firm by

one of the partners or by some other persons having authority to give effectual receipts

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

`Column' total according to estimated quantities, stating at what rate he is willing to

undertake the each item of the works, Tenders which proposal any alterations in the

work specified in the said form of invitation to tender or in the time allowed for

carrying out the work or which contain any other conditions of any short, will liable

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

single tender include more then one work but contractors who wishes to tender for

each. Tender shall have (to which they refer) written outside the envelope.

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

any intending contractors who have submitted tender or their representatives who

may be present at the time.In the event of a tender being accepted, the contractor shall

there upon for the purpose of identification, sign the copies of the specifications and

other documents mentioned in this tender. In the event of the tender being rejected,

the divisional officer shall authorized the accountant to refund the amount of earnest

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

returned of the money.

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

any of the tenders.

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

any matter to this tender shall be valid and binding on corporation unless it is signed by

the Engineer-in- charge.

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

supplied by the concern department and their rates shall be filled in and completed by

the officer of the Engineer- in-charge before the tender form is issued. If a form

issued an intending tenderer has not been so filled in and completed, he shall request

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

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

customs of the Public Works Department without reference to any local custom.

(10) Under no circumstances shall any contractor be entitled to claim enhanced rates for

any items in this contract.

(11) Every contractor shall unless excepted in writing by the Additional City Engineer

concerned, produced along with the tender, a solvency certificate of his financial

stability from the Collector of the District within which he resides or a Bankers

certificates. If he fails to produce such a certificate, his tender may not be considered.

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

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

public works department and no proposals to adopt alternative methods will be

accepted. The Engineer-in-charge decision as to what is "the usual method in use in

the public works department" will be final.

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

(15) The contractor shall have to attach to his tender Income Tax Clearance Certificate to

be obtained from the Income Tax Officer.

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

issued to him under Schedule-`A' of the agreement at work site having double

locking arrangement. The materials will then be taken for use in the presence of the

department person. No materials will be allowed to be removed from the site of work

except with the written permission from Engineer- in-charge.

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

machines required for the execution of the work contracted for.

(18) Controlled materials (Essentiality certificate)

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

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

and help the contractor in securing the same. All incidental charges met with in

procuring these materials shall be borne by the contractor himself. Though the

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

contractor in obtaining the materials it shall not accept any responsibility for any

delay or loss on account of delay caused to the contractor while obtaining the same.

(ii) The contractor shall submit to Engineer-in-charge on Close of every calendar months,

the monthly returns in the prescribed forms as to the receipt and actual use of the

controlled materials during the month.

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

the stock of the controlled materials stored by him at any time, whenever the

Engineer-in- charge or his representatives so desired (s).

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

of the price bid for this works and that the tenderer shall not be allowed to withdraws

or modify the offer on his own during this period. If any tenderer withdraws or makes

any modifications or addition/s in the terms and conditions of his tender, not

acceptable to the corporation them the corporation shall without prejudice to any

right or remedy be at liberty in full the said earnest money absolutely (in figures as

well as in words). This Blank Space should be filled in while preparing the draft tender

(20) The contractor shall employ only such laborers who shall produce a valid certificate of

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

(21) Tenderer should submit True Copy of the Certificate of Registration along-with

the tender without which the tender will not be considered.

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

fortnight from the date of work completed by him. Otherwise the date noted on the

record by the department shall be reawakened as final and no excuse or

representation in that behalf shall be entertained at later date.

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

contractor in the first instance, shall be refunded to the concerned contractor by

EXECUTIVE ENGINEER,

NORTH (KATARGAM) ZONE,

SURAT MUNICIPAL CORPORATION

SIGNATURE OF CONTRACTOR

GENERAL CONDITION OF CONTRACT

GC-01 DEFINITIONS AND INTERPRETATIONS :

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

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

assigned to them.

1.1 The "Owner/Municipal Corporation, Surat represented by Municipal

Commissioner/Add. City Engineer, any officer authorised by the Municipal Corporation.

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

tender has been accepted by the owner and includes his legal representative successors and

permitted assigns.

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

from time to time and shall include those who are expressly authorised by the Municipal

Corporation to act for and on its behalf for the operation of this contract.

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

Engineer-in-charge designated from time to time by the Engineer-in-charge to perform

duties set forth in the Tender documents whose authority shall be notified in writing to the

Contractor by the Engineer-in-charge.

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

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

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

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

which modify or interpret the contract documents.

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

work as stated in the executed contract agreement.

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

including therein all contract documents.

1.10 "Tender document” shall mean Designs, Drawings, specifications, agreed variations, if

any, and such other documents constituting the tender and acceptance thereof.

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

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

written consent of the Engineer-in-charge and the legal personnel representative, successors

and permitted assigns 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 pertain to the method and

manner or performing the work to the quality of the work and the materials to be furnished

under the contract for the work and any order(s) or instruction (a) thereunder. It shall also

mean the latest Indian Standards Institution Specifications for or relative to the particular

work or part thereof, so far as they are not contrary to the Tender specifications or I.S.I.

specifications, and in absence of any tender specifications, the specifications of any other

country applied in India as a matter of Standard Engineering practice and approved in

writing by the Engineer-in-charge with or without modifications.

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

modifications approved in writing by the Engineer-in-charge and such other drawings, as

may, from time to time, be furnished or approved in writing by the Engineer-in-charge in

connection with the work.

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

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

works as required for the purpose of the Contract. It shall mean the totally of the work

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

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

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

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

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

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

about the execution, completion and maintenance of the work.

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

to be carried out and any other lands or places provided by the Municipal Corporation for the

purpose of the Contract together with any other places designated in the Contract as forming

part of the site.

1.18 "The Construction Equipment" means all appliance/equipment’s of whatever nature

required in or for execution, completion or maintenance of work or temporary works (as

hereinafter defined) but does not include materials or other things intended to form or

forming part of the permanent work.

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

delivered personally or sent by Registered post to the latest know private of business

address at Registered Office of the Contractor.

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

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

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

within the provisions of the Contract.

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

charge when the work has been completed to his satisfaction.

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

charge after the work is finally accepted by the owner.

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

completion Certificate and the final certificate as specified in the tender.

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

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

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

has been accepted in accordance with provisions contained therein.

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

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

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

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

materials to be incorporated in the work supplied by the Contractor.

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

due performance of contractual obligations.

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

Commissioner, Surat Municipal Corporation, Surat.

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

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

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

GC-02 LOCATION OF SITE AND ACCESSIBILITY :

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

all weather roads and Western Railway Broad Gauge line, Government Irrigation Canal

Crossing. The intending Tenderer should inspect the site and make himself familiar with site

conditions and available communication facilities. Non availability of access/roads shall in

no case be the cause to Condon any delay in the execution of the work or be the cause for

any claims or extra compensation.

GC-03 SCOPE OF WORK :

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

The Contractor shall provide all necessary materials equipment and labour etc. for the

execution and of the work till completion. All materials that go with the work shall be

approved by the Engineer-in-charge prior to procurement and use.

Owner at his discretion may endeavor to provide water to the Contractor at the owner's

source of supply at one point at the rate charged for such works.

The contractor shall make his own arrangement for the distribution pipe net works from the

source of supply after getting prior permission for the same from the Engineer-in-charge.

Supply of water shall not be free and the necessary charges as fixed by the Local Body shall

have to be paid by the contractor.

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

contractor of his responsibility in making his own arrangements and for the timely

completion of the work as stipulated.

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

LAND FOR CONTRACTOR'S FIELD OFFICE, GODOWN & WORKSHOP:

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

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

contractor for constructing his labour and supervisory comp and other service facilities.

GC-04 RULLING LANGUAGE :

The language according to which the contractor shall be constructed and

interpreted shall be English. All entries in the contract documents and all correspondence

between the contractor and the Municipal Corporation or the Engineer shall be in English.

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

GC-05 INTERPRETATION OF CONTRACT DOCUMENT :

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

contract shall prevail over those of any other documents of the contract unless specifically

provided otherwise. Should there be any discrepancy, inconsistency error or 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

the final and binding to the contractor.

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

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

specifications and shown on the drawings.

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

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

giving a concise indication and not a summary of contents thereof or be used in the

interpretation or construction thereof of the contract.

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

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

shall include relevant corporate companies/ registered associations / body of individual /

firm of partnership.

5. Notwithstanding the sub-divisions of the documents into separate sections and volumes

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

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

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

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

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

provisions of General conditions of Contract and shall to the extent of such repugnancy or

variance prevail.

7. The materials, Design and Workmanship shall satisfy the relevant I.S.S.and Codes referred

to. If Additional require- ments are shown in the specifications, the same shall be satisfied

over and above I.S.S. and Codes.

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

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

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

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

contractor shall be deemed to have examined the Contract Documents, to have generally

obtained his own information in all matters that might affect the carrying out of the work or

the Tenderer rates. Any error in description of quantity or commission there from shall not

vitiate the contract or release the contractor from executing the work comprised in the

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

have known the scope, nature and magnitude of the work and the requirements of materials

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

what-so ever be the defects, omissions, or errors that may be found in the contract documents.

The contractor shall be deemed to have visited the site and the surroundings, to have satisfied

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

conditions of railways, roads, bridges and culverts, means of transport and communications,

whether by land, air or water and as to possible interceptions thereto and the access and

agrees from the site, to have made inquires, examined and satisfied himself as to the sites for

obtaining sand, stones, bricks and other materials, the sites for disposal of surplus materials,

the available accommodation as to whatever required, the depicts and such other buildings

as may be necessary for executing and completing the work, to have local independent

inquiries as to the subsoil, subsoil water and variation thereof, storms, prevailing winds,

climatic conditions and all other similar matters effecting the work. He is deemed to have

acquainted himself as to his liability for payment of Government taxes, custom duty and

Any neglect or failure on the part of the contractor in obtaining necessary and reliable

information upon the forgoing or any other matters affecting the contract shall not relieve him

from any risks or liabilities or the entire responsibility from completion of the work at the

tendered rates and time in strict accordance with the contract documents.

No verbal agreement or inference from conversation with any officer or employee of the

wormer either before or after the execution of the Contract Agreement shall in any way effect

or modify any of the terms of obligations herein contained.

GC-06 CONTRACTOR TO UNDERSTAND HIMSELF FULLY ;

The contractor by tendering shall be deemed to have satisfied himself, as to

consideration and circumstances affecting the tender price, as to the possibility of executing

the works as shown and described in the contract and to have fixed his prices according to his

own view on these matters and to have understand that no additional allowances except as

otherwise expressly provided, will after words be made beyond the contract price. The

contractor shall be responsible for any misunderstanding or incorrect information given in

writing by the Engineer.

GC-07 ERROR IN SUBMISSION ;

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 or not, provided

that such discrepancies, errors or omissions be not due to inaccurate information or

particular furnished in writing to the Contractor by the Municipal Corporation or the

GC-08 SUFFICIENCY OF TENDER :

The Contractor shall be deemed to have satisfied himself before tendering as to the

correctness of the tender rates which rates shall, except as or other wise provided for, cover

all the Contractor's liabilities and obligation set further or implied in the contract for the

proper execution of work for compliance with requirements of Article GC-19 thereof.

GC-09 DISCREPANCIES :

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

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

figures dimension in preference to scale and special conditions in preference to general

conditions. Special direction or dimensions given in the specifications shall supersede all else.

Should any discrepancies however, appear or should any misunderstanding arise as to the

meaning and intent of the said specifications or drawings, or as to the dimensions or the

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

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

same shall be explained by the Engineer-in-charge and his explanation shall subject to the

final decision of the Additional City Engineer, in case reference be made to him, be binding

upon the contractor shall execute the work according to such explanation (subject to aforesaid)

and without addition to or deduction from the contract and shall also do all such works and

things necessary for the proper completion of the works as implied by the Drawings and

specifications, even though such works and things are not specially shown and described in

said specifications. In cases where not particular specifications are given for any article to be

used under the contract, relevant specifications of the Indian Standard Institution shall

GC-10 PERFORMANCE GUARANTEE : (Security Deposit)

The total Security Deposit is 4% (Four) percent of contract value and shall be as under:

The successful tenderer shall have to pay initial security deposit at 2% (two) percent of the

tendered amount.

 Initial Security Deposit (2%) shall be paid in form of Cash or Demand Draft/ Pay Order if

the Tender Amount of work is less than Rs. 2.00 crore.

 Initial Security Deposit (2%) shall be paid in form of Cash or Demand Draft/ Pay Order /

bank Guarantee (encashable at Surat city)/ FDR if the tender Amount of work is more

than Rs. 2.00 crore & 2.00 crore.

The person/persons whose tender may be accepted [here-in after called the Contractor, which

expression shall unless excluded by or repugnant to the context include his heirs, executors,

administrators and assignees shall (within 15 days of the receipt by him of the notification of

the acceptance of his tender) deposit with Municipal Commissioner cash or Government

securities endorsed to the Commissioner sum sufficient which will make up the full security

deposit specified in the tender.

If the amount of the security deposit to be paid in lump sum within the period specified above is

not paid the tender contract already accepted shall be considered as cancelled. The security

deposit lodged by Contractor shall be refunded after the expiry of the Defects Liability period as

shown in the attached Memorandum after deducting dues, if any, which become liable to be

recovered from the Contractor under the terms and conditions of this Agreement.

Regarding remittance and release of Security Deposit (SD), Retention money deposit

(RMD) following clause will supersede over and above all the clauses depicted in the

tender document.

Tender costing Less than Rs.2.00 Crore.

(a) Remittance of SD/RMD

(i) The total security deposit shall be recovered at the rate of 4% from contractor. Out of

which, 50% of amount as Initial Security Deposit shall be payable at the rate of 2%

of approved tender cost in form of Cash or Demand Draft/ Pay Order of any

Nationalised Bank (encashable at Surat city).

(ii) The remaining amount of the Security Deposit i.e. 2% to be deducted from each

running account bill.

(iii) 5% Retention money deposit (RMD) to be retained from each running account bill.

(b) Release of SD/RMD

(i) The 2% Initial security deposit in form of Cash or Demand Draft/ Pay Order shall

be released after clearance of Final bill by Audit Dept and completion of defect

liability period.

(ii) Whereas, the 2% security deposit recovered from the each running account bills

Shall be released along with Final Bills according to Work Quality..

(iii) 5% Retention money deposit (RMD) to be released along with final bill.

Tender costing Rs.2.00 Crore. & more than Rs.2.00 Crore.

(a) Remittance of SD/RMD

(i) The total security deposit shall be recovered at the rate of 4% from contractor. Out of

which, 50% of amount as Initial Security Deposit shall be payable at the rate of 2% of

approved tender cost in form of in Cash or Demand Draft/ Pay Order / FDR / Bank

Guarantee of any Nationalised Bank (encashable at Surat city).

(ii) The remaining amount of the Security Deposit i.e. 2% to be deducted from each

running account bill.

(iii) 5% Retention money deposit (RMD) to be retained from each running account bill.

(b 1) Release of SD/RMD

(i)The 2% Initial security deposit in form Demand Draft /Pay order / FDR shall be

released after clearance of Final bill by Audit Dept & completion of defect liability

(ii) Whereas, the 2% security deposit recovered from the each running account bills

Shall be released along with Final Bills according to Work Quality.

(iii) 5% Retention money deposit (RMD) to be released along with final bill.

(b 2) Release of SD/RMD

(i)The 2% Initial security deposit in form Bank Guarantee shall be released along with

Final Bills according to Work Quality.

(ii) Whereas, the 2% security deposit recovered from the each running account bills

Shall be released after clearance of Final bill by Audit Dept & completion of defect

liability period.

(iii) 5% Retention money deposit (RMD) to be released along with final bill.

The amount recovered from the running bills as security deposit shall not be allowed to

the transferred in the form of Bank Guarantee. However, the remaining 50% (2% of Security

Deposit) of the amount so, deducted from running bills will be allowed for conversion in the

form of interest bearing fixed deposit receipt, (FDR) issued in favour of the Municipal

Commissioner, Surat Municipal Corporation, Surat by a Nationalized Bank located at Surat only.

Additional stamp duty payable as per government prevailing rule shall be paid by contractor for

remittance of this FDR.

It is clarified that the amount of security deposit shall be collected on the basis of

contract price and not on the basis of Estimated Amount put to tender. As initial Security

Deposit as mentioned above, accepted by the competent Authority shall have to be paid toward

Security Deposit at the time of execution of agreement.

Interest will be payable on FDR (that is deducted from Running Bill and converted in to

FDR for initial SD) for One year, after completion of work. After that no further interest shall be

paid for any extended period what so ever.

If the Security Deposit is not paid within 15 days from the date of L.O.I. / Work Order

than penalty at the rate of 0.065% per day of the amount of Security Deposit will charged. If the

Security Deposit is not paid within one month with interest, necessary actions as per condition

of contract will be taken.

Initial Security Deposit ( i.e. 2% Of Tender Amount) in form of Bank Guarantee

may be accepted as per relevant tender provision, However BG shall be valid till final

date of completion of work+1year (Whether final bill is audited and paid or not). It shall

be contractor's responsibility to extent the BG On Or Before expiry of time limit of BG. In

case of late renewal of BG, penalty of security deposit shall be levied at the rate of 0.065%

of per day of BG amount.

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

stamp paper of Rs. 300/- if initial Security Deposite paid in form Bank Guarantee or

Demand draft as per the form of the agreement approved by the Municipal Corporation,

If initial Security deposit is paid in form of Fixed Deposit, additional stamp paper

amounting As per government’s prevailing rule of Security Deposit shall be used to

execute the agreement.

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

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

GC-11 INSPECTION OF WORK :

1. The Engineer in charge will have full power and authority to inspect the work at any

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

workshops or factories wherever situated and the contractor shall afford for Engineer-in-

charge every facility and assistance to carry out such inspection. Contractor or his authorized

representative shall, at all time during the usual working hours and all other times when so

notified, remain present to receive orders and instructions, orders given to Contractor's

representative shall considered to have the same force as if they had been given to the

contractor himself. Contractor shall give not less than 7 days notice in writing to the

Engineer-in- charge before covering up or otherwise placing beyond reach of inspection and

measuring any work in order that the same may be inspected and measured. In the event of

breach of the above, the same shall be recovered at Contractor's expenses for carrying out

such inspection or measurement.

2. No material shall be dispatched from contract store on site of work before

obtaining approval in writing of the Engineer-in-charge, Contractor shall provide at all time

during the progress of work and maintenance period proper means of access with ladders,

gangways, etc. and the necessary attendance to move and adopt as directed for inspection or

measurement of work by Engineer-in-charge.

GC-12 DEFECT LIABILITY :

1. Contractor shall guarantee the work for a period of 12 months from the date of actual

completion of work as per 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 be rectified

or replaced by contractor at his own expenses as desired by Engineer-in-charge or in default

may cause the same to be made good by other agency and deduct expenses of which the

certificate of Engineer-in-charge shall be final from any sums that may then or any time

thereafter become due to contractor of sale thereof or of a sufficient portion thereof.

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

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

damage, loss or injury shall happen to work or any part thereof or to any temporary works from

any cause whatsoever and shall at his own cost repair and make good the same so that at

completion work shall be in good order and in 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 Engineer- in-charge shall -

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

not in accordance with contract or that work of any portion thereof is defective or do not

fulfill the requirements of contract (all such materials being hereinafter called defects in this

clause and (b) as soon as reasonably practicable given to contractor notice in writing of the

said defect specifying particulars of the defects alleged to exist or to have occurred, then

contractor shall at his own expenses and with all speed make good the defects so specified.

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

steps as may in all circumstances, be reasonable to make good such defects. The expenditure

so incurred by S.M.C. will be recovered from the amount due to contractor. The decision of

Engineer-in-charge with regard to the amount to be recovered from contractor will be final

and binding on the contractor.

GC-13 POWER OF ENGINEER TO GIVE FURTHER INSTRUCTIONS :

The Engineer shall have the power and authority from time to time and at all times to give

further instructions and directions as may appear to him necessary or proper for the

guidance of contractor and the works and efficient execution of the works according to the

terms of the specifications, and the contractor shall receive, execute, obey and be bound by the

same, according to the true intent and meaning thereof, as fully and effectually as though the

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

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

and in the event of any deviation being ordered, which in the opinion of the contractor

changes the original nature of the contract, the shall nevertheless carry it out and any

disagreement as to the nature of the work & the rate to be paid thereof shall be resolved. The

time of completion of works, in the event of any deviations, resulting in additional cost over

the contract sum being ordered, then be extended or reduced reasonable by the Engineer.

The Engineer's decision in the case shall be final and binding.

GC-14 PROGRAMME :

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

shall commence from date of Notice of intimation to proceed. The tenderer at the time of

submitting his tender shall indicate the construction or pipeline schedule, the month-wise

programme required for the execution of the works and shall confirm the same within fourteen

(14) days of the acceptance of his Tender. The contractor shall provide to the Engineer-in-

charge a detailed programme of time schedule for execution of the works in accordance with

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

Contractor, has to confirm to the execution period mentioned along with the Bill of Quantities

in the Tender Documents. The Engineer upon scrutiny of such submitted programme by

contractor, shall examine suitability of it to the requirement of contract and suggest

modifications, if found necessary.

GC-15 SUBLETTING OF WORKS :

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

transferred, assigned or sublet by the contractor directly or indirectly to any firm or

Corporation whatsoever except as provided for in the succeeding sub clause without the

consent in writing of the owner.

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

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

work at the site being entered upon by the contractors provided each individuals contractor is

submitted to the Engineer-in-charge before being entered into and in approved by him. List

of Sub-Contractors is to be supplied. Not with standing any subletting with such approval as

aforesaid and not with standing the Engineer-in-charge shall have received copies of any

sub-contractors, the contractors shall be and shall remain solely responsible for the quality

and proper expeditions and execution of the works and the performance of all the conditions

of contract in all respects as if such submitting or sub-contracting had not taken place and as if

such work had done directly by the Contractor.

GC-17 TIME FOR COMPLETION:

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

is served with a notice to proceed with the work and shall be completed before the date as

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

same is extended as mentioned in clause No. GC-18 (Extension of time) the contractor will be

penalized for the delay.

2. The general time schedule for work is given in the tender document. Contractor shall

prepare a detailed weekly or monthly programme of work in consultation with Engineer-in-

charge soon after the agreement and the work shall be strictly executed accordingly. The

time for as construction of road given includes, the time required for testing, rectification if

any, retesting and completion in all respects to the entire satisfaction of the Engineer- in-

GC-18 EXTENSION OF TIME :

Time shall be considered as the essence of the Contract. If, however, the failure of the

Contractor to complete e the Work as per the stipulated dates referred to above arises from

delays on the part of the Owner in supplying the Materials or equipment, it has undertaken to

supply under the Contract or from delays in handing over sites or from increase in the quantity

of the Work to be done under the Contract, or Force Majeure an appropriate extension of time

shall be given. The Contractor shall request such extension within one month of the cause of

such delay and in any case, before expiry of the Contract Period. In case of extension of time

limit, decision of the Competent Authority shall be considered final & binding upon the

Subject to any requirement in the contract as to completion of any portions or portions of the

works before completion of the whole, the contractor shall fully and finally complete the whole

of the works comprised in the contract (with such modifications as may be directed under

conditions of this contract) by the date entered in the contract or extended date in terms of the

following clauses:

1. Extension Due To Modification: If any modifications have been ordered which in the

opinion of the Engineer have materially increased the magnitude of the work, then such

extension of the contracted date of completion may be granted as shall appear to the

Competent Authority to be reasonable in the circumstances, provided moreover that the

Contractor shall be responsible for requesting such extension of the date as may be

considered necessary as soon as the cause thereof shall arise and in any case not less

than one month before the expiry of the date fixed for completion of the works.

2. Extension For Delay Not Due To SMC or Contractor: If in the opinion of the

Competent Authority, the progress of work has any time been delayed by any act or

neglect of SMC's employees or by other contractor employed by the SMC or in executing

the work not forming part of the contract but on which contractor's performance

necessarily depends or by reason of proceeding taken or threatened by or dispute with

adjoining or to neighbouring owners or public authority arising otherwise through the

Contractor's own default etc. or by the delay authorized by the Engineer pending

arbitration or in consequences of the contractor not having received in due time

necessary instructions from the SMC for which he shall have specially applied in writing

to the Engineer or his authorized representative then upon happening of any such event

causing delay, the Contractor shall immediately give notice thereof in writing to the

Engineer within 15 days of such happening, but shall nevertheless make constantly his

best endeavours to bring down or make good the delay and shall do all that may be

reasonably required of him to the satisfaction of the Engineer to proceed with the

works. The contractor may also indicate the period for which the work is likely to be

delayed and shall be bound to ask for necessary extension of time. The Competent

Authority on receipt of such request from the contractor shall consider the same and

shall grant such extension of time as in his opinion is reasonable having regard to the

nature and period of delay and the type and quantum of work affected thereby. No other

compensation shall be payable for works so carried forward to the extended period of

time, the same rates, terms and conditions of contract being applicable as if such

extended period of time was originally provided in the original contract itself.

3. Extension For Delay Due To SMC: In the event of any failure or delay by SMC to hand

over the Contractor possession of the lands necessary for the execution of the works or

to give the necessary notice to commence the works or to provide the necessary

drawings or instructions or any other delay caused by SMC due to any other cause

whatsoever, then such failure or delay shall in no way affect or vitiate the contract or

alter the character thereof or entitle the contractor to damages or compensation

therefor, but in any such case, the SMC may grant such extension or extensions of the

completion date as may be considered reasonable.

GC-19 CONTRACT AGREEMENT :

The successful tenderer shall when called upon to do so, enter into and execute the

Contract Agreement within (10) Ten days of the Notice of Award, in the form shown in

tender documents with such modifications as may be necessary in the opinion of the

Municipal Commissioner. It should be incumbent on the contract to pay the stamp duty and

the legal charges for the completion of the contract agreement.

GC-20A. PENALTY FOR DELAY :

If the contractor fails to complete the work within the stipulated completion date for the

work or he shall pay liquidated damages at one tenth of Two percent of contract value per day

of delay in completion and handing over the work or part thereof as the case may to the

Municipal Commissioner. The amount of liquidated damages shall, however, be subjected to a

maximum of ten (10) percent of the contract value. Delays in excess of one hundred days will

be a cause for termination of the contract and forfeiture of all security for performance.

The successful tenderer shall have to submit the progress bar-chart within fifteen days after

the contract, and the contractor should work as per the approved bar-chart, failing which the

contractor shall have to pay the compensation for delay as per the decision of Municipal

GC-21 FORFEITURE OF SECURITY DEPOSIT :

Whenever any claim arises against the contractor for the payment of a sum of money out of or

under the contract, the owner shall be entitled to recover such sum by appropriating in part of

whole, the security deposit of the contractor. In case the Security deposit is insufficient the

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

thereafter may become due to the contractor shall pay to the owner on demand may balance

GC-22 ACTION OF FORFEITURE OF SECURITY DEPOSIT :

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

forfeited the whole of his Security deposit or have committed a breach of any of the terms

contained in this contract, the owner shall have power to adopt any of the following

courses as he may deem best suited to his interest -

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

hand of the owner shall be conclusive evidence) in which case, the security deposit of the

contractor shall stand forfeited and be absolutely at the disposal of the owner.

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

contractor with the cost of labour employed and the cost of materials supplied for which a

certificate of the Engineer-in-charge shall be final and conclusive against the contractor and

10% costs on above to cover all departmental charges and crediting him with the value of

work done at the same rates as if it has been carried out by the contractor under the terms

of his contract. The certificate of Engineer-in-charge as to the value of the work done shall

be final and conclusive against the contractor.

(c) To measure up the work of the contractor and to take such part hereof as shall be

unexecuted out of his hand to give it to another contractor to complete. In this case the

excess -expenditure incurred than what whole have been paid to the original contractor, if

the would work had been executed by him, shall be earnest and paid by the original

contractor and shall be deducted from any money due to him by the owner under the

contract or otherwise and for the excess expenditure, the certificate of the Engineer- in-charge

shall be final and conclusive.

In the event any of the above course being adopted by the owner, the contractor shall have no

claim to compensation for any less sustained by him by reason of his having purchased or

procured any materials or entered into any agreement so or made by advance on account

of or with a view to the execution of the work of the performance of the contract. In such case

the contractor shall not be entitled to recover or be paid by sum for any work actually

performed under this contract unless the Engineer-in-charge will certify in writing the

performance of such work and the value payable in respect thereof and the shall only be

entitled to be paid the value so certified. In the event of the owner putting in force the powers

as stated in a, b, c, above vested in him under the preceding clause, he may, if he so desire,

take possession of all or any tools and plant, materials and stores in or upon the work or the

site thereof belonging to the contractor, or procured by him and intended to be used for the

execution of the work or any part thereof paying or allowing for the same in account at the

contract rates to be certified by the Engineer-in-charge whose certificate thereof shall be final

otherwise the Engineer-in-charge may give notice in writing to the contractor or his

representative requiring him to remove such tools plant materials or stores from the

premises within the time specified in the notice and in if the contractor fails to comply with

any such notice, the Engineer-in-charge may remove them at the Contractor's expenses or sell

them by auction or private sale on account of the contractor and his risks in all respects

without any further notice as to the date, time to place of the sale and the certificate of

Engineer-in-charge as to the expenses of any such removal and the amount of the proceeds

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

GC-23 NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORK :

If at any time from the commencement of work, the owner shall for any reasons whatsoever

not require the whole or part thereof a specified in the tender to be carried out, the Engineer-

in- charge shall give notice in writing of the contractor, who shall have no claim to any

payment or compensation whatsoever on account of any profit or advantage which he might

have derived from execution of work in full, but which he did not derive in consequence of the

full amount of the work not having been carried neither shall be have any claim for

compensation by reason if any alternations having been made in original specifications,

drawings, designs and instructions which shall involve any curtailment of the work as

originally contemplated.

When the contractor is a partnership firm, the prior approval in writing of the S.M.C.shall be

obtained before any change is made in the constitution of the firm, where the contractor is an

individual or a Hindu Undivided Family business concern, such approval as aforesaid shall,

likewise be obtained before sub- contractor enters into any agreement with other parties

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 in contravention of sub- letting clause hereof

and the same action may be taken and the same consequence shall ensure as provided in the

sub-letting clause.

GC-24 IN EVENT OF DEATH OF CONTRACTOR :

Without prejudice to any of the right or remedies under the contract, if the contractor dies,

the owner shall have the option of terminating the contract without compensation to the

GC-25 MEMBER OF THE OWNER NOT INDIVIDUALLY LIABLE :

No official or employee of the owner shall in any way be personally bound or liable for the

acts or obligations of the owner under the contract or answerable for any default or

omission in the observance or performance of the acts, matters or things which are herein

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, explanation or statement or alleged

representation, promise or guarantees given or alleged to have been given to him by any

GC-27 CONTRACTOR'S OFFICE AT SITE :

The Contractor shall provide and maintain an office at the site for the accommodation of his

agent and staff and such office shall be opened at all reasonable hours to receive

instructions, notice or other communications.

GC-28 CONTRACTOR'S SUBORDINATE STAFF AND THEIR CONDUCT :

1. The contractor on award of the work shall name and depute a qualified Engineer, having

experience of carrying out work of similar nature, to whom equipment’s, materials, if, any,

shall be issued and instructions for work given. The contractor shall also provide to the

satisfaction of Engineer in-charge sufficient and qualified staff to superintend the

execution of the work, competent sub- agents, foremen and leading hands including those

specially qualified by previous expeditions to a supervise the type of works comprised in the

contract in such manner as will ensure work of the best quality and expeditions working, it, in

the opinion of the Engineer-in-charge, additional properly qualified supervision staff is

considered necessary, if shall be employed by the contractor without additional charge on

account thereof. The contractor shall ensure to the satisfaction of the Engineer- in-charge that

sub - contractors, it any shall provide competent and efficient supervision over the work

entrusted to them.

2. If and whenever any of the contractor 's or sub-contractor agents, sub-agents, assistance,

foremen or other employees shall, in the opinion of Engineer-in-charge, be guilty of any

misconduct or be incompetent or insufficiently qualified or intelligent in the performance of

their duties or that in opinion of the owner or Engineer-in-charge, it is undesirable for

administrative or any other reason for person or persons to be employed in the works, the

contractor, if so directed by the Engineer-in-charge, shall at once remove person or persons

from employment thereon. Any person or persons so removed shall not again be reemployed

in connection with the works without the written permission of the Engineer-in- charge. Any

person so removed from the works shall be immediately replaced at the expenses of the

contractor by acqualified and competent substitute. Should the contractor be required to

repatriate any person removed from the works he shall do so and shall bear all costs in

connection therewith.

3. The contractor shall be responsible for the proper behavior of all the staff, foremen,

workmen and others shall exercise proper control over them and in particular and without

prejudice to the same. Generally, the contractor shall be bound to 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 grounds whatsoever. The decision of the Engineer-in- charge upon any matter

arising under this clause shall be final.

4. If and required by the owner, the contractor's personnel entering upon the owner's

premises shall be properly identified by badges of a type acceptable to the S.M.C. which

must be worn at all times on owner's premises.

GC-29 TERMINATION OF SUB-CONTRACTOR BY OWNER :

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

opinion of Engineer-in-charge is not in accordance with the contract documents, the S.M.C.

may be give written notice to the contractor request his to terminate such sub-contract and

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

shall forthwith leave the works failing which the owner shall have the right to remove such

sub-contractors from the site.

No action taken by the owner under the above clause shall relieve the contractor of his

liabilities under the contract or give rise to any right to compensation, extension of time or

GC-30 POWER OF ENTRY :

If the contractor shall not commence the work in the manner previously described in the

contract documents or if he shall, at any time, in the opinion of Engineer-in-charge.

(i) Fail to carry out works in conformity with the documents or

(ii) Fail to carry out the works in accordance with the time schedule.

(iii) Substantially suspend work or the works for a period of fourteen days without authority

from Engineer-in-charge or

(iv) Fail to carry out and execute the work to the satisfaction of the Engineer-in-charge or

(v) Fail to supply sufficient or suitable construction plant, temporary works, labour, materials

(vi) Commit breach of any other provisions of the contract on his part to be performed or

observed or persist in any of the above mentioned breaches of the contract for fourteen days

after notice in writing shall have been given to the contractor by the Engineer-in-charge

requiring such breach to be remedied or

(vii) Abandon the work or

(viii) During the continuance of the contract becomes bankrupt, make any arrangement or

compromise with his creditors, or permit any execution to be levied or go into liquidation

whether compulsory or voluntary not being 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 stock therein, and to revoke the

contractor's license to use the same and to complete the works by his agents, other contractor

or workman or to relate the same upon any terms and to such other person, firm or corporation

as the owner in his absolute discretion may think proper to employ, and for the purpose

aforesaid to use or authorize the use of any materials, temporary works, constructional plant,

and stock as aforesaid, without making payment or allowance to the Contractor for the said

materials other than such as may be certified in written by the Engineer-in-charge to be

reasonable and without making any payment or allowance to the contractor for the use of said

temporary works, constructional plant and stock or being liable for any less or damage

thereto. If the owner shall be reason of his taking possession of the works or of the work

being got completed by other contractor incur excess certified by the Engineer-in-charge shall

be deducted from any money which may be due for the work done by the contractor under

the contract and not paid for. Any deficiency shall 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. constructed by or

belonging to and recoup and retain the said deficiency or any part thereof out of the proceeds

GC-31 CONTRACTOR'S RESPONSIBLITY WITH THE OTHER CONTRACTOR & AGENCIES:

Without repugnance to any other condition, it shall be the responsibility of the contractor

executing the work of civil construction to work in close co-operation and co-ordinate the

work with other contractors or their authorised representative and the contractor will put a

joint scheme with the concurrence of other contractors showing the arrange-ments for

carrying his portion of the work to the Engineer-in-charge and get the approval. The

Engineer-in-charge before approving the joint scheme will call the parties concerned and

modify the scheme if required. No claim will be entertained on account of the above. The

contractor shall conform in all respects with the provisions of any statutory regulations,

ordinances or by laws of any local or locally constituted authorities or public bodies which may

be applicable from time to time to works or any temporary works. The contractor shall keep

the owner indemnified against all penalties and liabilities of every kind arising out of non-

adherence to such statutes, ordinance, laws, rules, regulations, etc.

GC-32 OTHER AGENCIES AT SITE :

The Contractor shall have to execute the work in such place and condition where other

agencies will also be engaged for other works, such as site grading, filling and levelling,

electrical and mechanical engineering works, etc. No claim shall be entertained for works

being executed in the above circumstances.

GC-33 NOTICES :

Any notice under this contract may be served on the contractor or his duly authorised

representative at the job site or may be served by registered post direct to the official address

of the contractor proof of issue of any such notice could be conclusive of the contractor

having been duly informed of all contents therein.

GC-34 RIGHT OF VARIOUS INTERESTS :

The owner reserves the right to distribute the work between more than one contractor.

Contractor shall co-operate and afford reasonable opportunity to other contractors for access

to the works for the carriage and storage of materials and execution of their works.

Wherever the work being done by any department of the owner or by other contractor

employed by the owner is contingent upon work covered by this contract, the respective

rights of the various interests shall be determined by Engineer-in-charge to secure the

completion of various portions of the work in general harmony.

GC-35 PRICE ADJUSTMENT :

No adjustment in price shall be allowed as the time limit for completion of the project is less

GC-36 TERMS OF PAYMENT :

The payment of Bills shall be made progressively according to the rules and practice followed

by the Municipal Corporation. The progressive payment unless otherwise provided in the

Contract Agreement or subsequently agreed to by the parties, shall be made generally

monthly on submission of a bill by the Contractor in prescribed form in an amount according

to the value of the work performed less the aggregate of previous progressive payments and

as required by clause GC-37 (Retention money) herein. All such progressive payment shall be

regarded as payment by way of advance against final payment.

Payment for the work done by the contractor will be based on the measurement at various

stages of the work, in accordance with the conditions at Clause GC-77 (Measurement of Work

GC-37 RETENTION MONEY :

Pursuant to Clause GC-36 Terms of Payment) on all money due to the contractor for work

done, Municipal Corporation will hold as retention money of Five percent (5%) of the

value of work. The retention money will not normally be due for payment until the

completion of the entire work and till such period the work has been finally accepted by the

Municipal Corporation and completion certificate issued by the Municipal Corporation in

pursuant to Clause No.GC-83 (Completion Certificate).

However, after the assurance of completion certificate, and Municipal Commissioner may at

its own discretion and having considered the Contractor's performance and diligence during the

contract time allow the retention money to converted into a Bond as stipulated in the Clause

GC-10 (Performance Bond Security Deposit).

GC-38 PAYMENT DUE FROM THE CONTRACTOR :

All costs, damages or expenses, for which under the Contract the Contractor is liable to the

Municipal Corporation deducted by the Municipal Corporation from any money due or

becoming due to the Contractor under the contract or from any other contract with the

Municipal Corporation or may be recovered by action at law or other-wise from the

GC-39 CONTINGENT FEE :

1. The Contractor warrants that he has not employed any person to solicit or secure the

contract upon any agreement for a commission, percentage, brokerage or contingent fee.

Breach of this warranty shall give the Municipal Commissioner the right to cancel the contract

or to take any other measure as the Municipal Commissioner may deem fit. The warranty does

not apply to commissions payable by the contractor to establish commercial or selling

agent for the purpose of securing business.

2. No officer, employer of the Municipal Corporation be admitted to any share or part of this

contract or to any benefit that may rise therefrom.

GC-40 BREACH OF CONTRACT BY CONTRACTOR :

If the contractor fails to perform the work under the contract with due diligence or shall

refuse or neglect to comply with instruction given to him in by the Engineer-in-charge

accordance with the contract, or shall contravene the provisions of the contract, the S.M.C. may

give notice in writing to the contractor to make good such failure, neglect or contravention.

Should the Contractor fail to comply with such written notice within twenty eight (28) days or

receipt, if the Municipal Commissioner shall think fit, it shall be lawful for the Municipal

Corporation, without prejudice to any other rights, the contractor may have under the contract,

to terminate the contract for all or part of the works, and to make any other arrangements it

shall deem necessary to complete the work outstanding under the contract at the time of

termination. In this event Article GC-15 (Subletting of work)and GC-16 (Sub-Contracts for

Temporary Works etc.)hereof shall be invoked and the performance Bond shall immediately

become due and payable to the Municipal Commissioner the value of the work done on the

date of termination and not paid for shall stand forfeited to the Municipal Corporation and

the Municipal Corporation shall have free use of any works which the contractor may have at

the site at the time of termination of the contract.

GC-41 DEFAULT OF CONTRACTOR :

1. The Municipal Corporation may upon written notice of default to the contractor terminate

the contract in circumstance detailed hereunder :

(a) If in the judgement of the Municipal Corporation the contractor fails to make completion

of works within the time specified in the completion schedule or within the period for which

extension has been granted by the Municipal Corporation /Engineer to the Contractor.

(b) If in the judgement of the Municipal Corporation the contractor fails to comply with any of

the provisions of this contract.

2. In the event the Municipal Commissioner terminates the contract in whole or in part as

provided in Article GC-48 (Termination of Contract), the Municipal Corporation reserves the

right to purchase upon such terms and in such manner as it may deem appropriate, plant

similar to that terminated and the contractor will be liable to the Municipal Corporation for

any additional costs for such similar and / or for liquidated damaged for delay until such

reasonable time as may be required for the final completion of works.

3. If this contract is terminated as provided in this paragraph GC - 30 (Power of entry)

(1) the Municipal Corporation in addition to any other rights provided in this clause, may

require the Contractor to transfer title and deliver to the Municipal Corporation under any

of the following cases in the manual and as directed by the Municipal Corporation. (a) Any

partially completed information and contract rights as the contractor has specifically produced

or acquired for the performance of the contract so terminated.

4. In the event the Municipal Corporation does not terminate the contract as provided in

the paragraph GC- 48 (Termination of Contract) the Contractor shall continue performance of

the contract, in which case the shall be liable to the Municipal Corporation for liquidated

damages for delay until the works are accepted.

GC-42 BANKRUPTCY :

If the Contractor shall become bankrupt or insolvent or have a receiving order made against

him, or compound with the creditors, or being the Municipal Corporation commence to be

wound up, not being a member's Voluntary winding up for the purpose of amalgamation or

reconstruction, or carry on its business under a receiver for the benefit of his creditors or

any of them, the owner shall be at liberty to either (a) terminate the contract forthwith by

giving notice in writing to the contractor or to the receiver or liquidator or to any person or

organization in whom the contract may become vested and to act in the manner provided

in Article GC-41 (Default of Contractor) as though the last mentioned notice had been the

notice referred to in such Article of (b) to give such receiver liquidator or other person in

work the contract may become vested the option of carrying out the contract subject to his

providing a satisfactory guarantee for the due and faithfully performance of the contract

subject to his providing a satisfactory guarantee for the due and faithful performance of the

contract upto an amount to be agreed. In the event that the Municipal Corporation terminates

the Contract in accordance with this article, the performance Bond shall immediately

become due and payable on demand to Municipal Corporation.

GC-43 OWNERSHIP :

Works supplied pursuant to the Contract shall become the property of the Municipal

Corporation from whichever is the earlier of the following times, namely,

(a) When the works are completed pursuant to the Contract.

(b) When the Contractor has been paid any sum to which he may become entitled in respect

thereof pursuant to clause GC-36 (Terms of Payment).

GC-44 DECLARATION AGAINST WAIVER :

The condonation by the Municipal Corporation of any breach of breaches by the stipulations

and conditions contained in the contract shall in no way prejudice or effect to the constructed

as a waiver of the Municipal Corporation rights, powers and remedies under the contract in

respect of any breach or breaches.

GC-45 LAWS GOVERNING THE CONTRACT :

The contract shall be constituted according to and Subject to the laws of India and the State

of Gujarat and under the jurisdiction of the courts of Gujarat at Surat.

GC-46 OVERPAYMENT AND UNDERPAYMENT :

Whenever any claim forth payment of a sum to the Municipal Corporation arises out of or

under this Contract against the contractor the same may be deducted by the Municipal

Corporation from any sum then due or which at any time thereafter may become due to the

contractor under this contract and failing that under any other contract with the Municipal

Corporation or from any sum due to the contractor with the Municipal Corporation (which may

be available with Municipal Corporation), or from his retention money, or he shall pay the

claim on demand. The Municipal Corporation reserves the right to carry out post payment

audit and technical examination of the final bill including all supporting vouchers, abstracts,

The Municipal Corporation further reserves the right to enforce recovery of any over payment

when detected no withstanding the fact that the amount of the final bill may be included by the

It as a result of such audit and technical examination any over payment is discovered in

respect of any work done by the Contractor or alleged to have been done by him under

the contract, it shall be recovered by the Municipal Corporation from the contractor by way

of all the means prescribed above or if any under payment is discovered by the Municipal

Corporation, any amount due to the contractor under this contract or under payment may be

adjusted against any amount then due or which may at any time thereafter become due before

payment is made to the contractor from him to the Municipal Corporation on any other

contract account whatsoever.

GC-47 SETTLEMENT OF DISPUTES :

Except or otherwise specifically provided in the contract, all disputes concerning questions

of fact arising under the contract shall be decided by the Commissioner, subject to a written

appear by the Contractor to the Commissioner, and these decisions shall be final and binding

to the contractor.

GC-48 TERMINATION OF THE CONTRACT:

1. If the Contractor finds it impracticable to continue operation owing to Force Majeure

reasons or for any reason beyond his and/or the Municipal Commissioner find site

impossible to continue operation when prompt notification in writing shall be given by the

party affected to the other.

2. If the delay or difficulties so caused can not be expected to cease or become unavoidable or

if operations can not be resumed within six(6) months the 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 and for any other

legitimate expenses due to him.

b) If the Municipal Commissioner 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 Six (6) months period including any financial commitment made for the proper

performance of the Contract and which are not reasonable defrayed by payment under (a)

c) The Municipal Commissioner also release all bonds and guarantees at its disposal except

is cause where the total amount of payments made to the contractor exceeds the final amount

is cause where the total amount of payments made to the contractor exceeds the final amount

due to him in which case the contractor shall refund the excess amount within Sixty (60) days

after termination and the Municipal Commissioner thereafter shall release all bonds and

guarantees, should the contractor fail to refund the amount received in excess within the said

period such amounts shall be deducted from the bonds or guarantees provided.

3. On the 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

Municipal Corporation with respect to completion, safeguarding or storing of materials

procured for the performance of the contract and the salvage and resale thereof.

GC-49 CHANGES IN CONSTITUTION :

Where the contractor is a partnership firm, the prior approval in writing of the Municipal

Commissioner shall be obtained any change is made in the constitution of the firm. Where

the contractor is an individual or an undivided family business concern such approval as

aforesaid shall like wise be obtained before the contractor enters into any partnership

agreement 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 Article thereof.

GC-50 SUB-CONTRACTUAL RELATIONS :

All work performed for the contract by sub-contractor shall be pursuant to an appropriate

agreement between the contractor and sub-contractor which shall contain provisions to :

a) Protect and preserve the rights of the Municipal Corporation and the Engineer with

respect to the work to be performed under the sub-contract so that the sub-contractor thereof

will not prejudice such rights.

b) Require that such work be performed in accordance with requirements of the Contract

c) Require under such contract of which the contractor is a party, the submission to

the contractor of application for payment and claims for additional costs, extension of time,

damages for delay or otherwise with respect to the sub- contracted portions of the work in

sufficient time, that the contractor may apply for payment and comply in accordance with the

contract Documents for like claim by the Contractor upon the Municipal Corporation.

d) Waive all rights the contracting parties may have against one another for damages

caused by fire or other perils covered by the property insurance except such rights as they may

have to the proceeds so such insurance held by the Municipal Corporation as trustee and,

e) Obligate each sub-contractor specifically to consent to the provisions of this Article.

If, at any time, there should be evidence of any lien or claim for which owner might have

become liable and which is chargeable to the contractor, the owner shall have the right to

retain out of any payment then due or thereafter to become due an amount sufficient to

completely indemnify the owner against such lien or claim or if such lien or claim be valid

the owner may be or become due and payable to the contractor. If any lien or claims

remaining, unsettled after all payments are made, the contractor shall refund or pay to the

owner all money that the latter may be compelled to pay in discharging such lien or claim

including all cost and reasonable expenses.

GC-52 EXECUTION OF WORK :

The whole work shall be carried out in strict conformity with the provisions of the Contract

Documents, detailed drawings, specifications and the instructions of the Engineer-in-charge

from time to time. The Contractor shall ensure that the whole work is executed in the most

substantial, proper and best workmanship using materials of best quality in strict accordance

with the specifications to the entire satisfaction of the Engineer-in- charge.

GC-53 WORK IN MONSOON :

When the work continues in monsoon, the contractor shall maintain minimum labour force

required, for the work and plan and execute the construction and erection work according to

the prescribed schedule. No extra rate will be considered for such work in monsoon. During

monsoon and entire constructing period the contractor shall keep the site free from water at

GC-54 WORK CLOSED ON SUNDAYS & HOLIDAYS & BETWEEN SUNSET AND SUNRISE:

No work shall be carried out on Sundays and Corporation Holidays and no work shall be

carried out between sunset and sunrise. Except with the special permission of Engineer-in-

charge in writing previously obtained and with holding such permissions shall be no ground

of complaint on the part of contractor or cause for compensation to them. Working period

shall be maximum eight (8) hours per days.

GC-55 EXTRA SUPERVISION CHARGES TO BE BORNE BY CONTRACTOR :

Further to clause No.GC-54 when Engineer-in-charge feels necessary to give permission to

contractor for carrying out work for period of more than Eight hours working period in a day

and/or to continue work on Sunday and Corporation holidays. Extra Supervision charges arising

due to overtime working of Corporation's staff shall be borne by the contractor at prevailing

rates from time to time. Such extra supervision charges shall be deducted by Corporation from

the running bill/s of the contractor at Surat Municipal Corporation's description.

GC-56 DRAWING TO BE SUPPLIED BY THE OWNER :

The drawings attached with the tender documents shall be for general guidance of the

contractor to enable him to visualize the type of work contemplated and scope of work

involved. Detailed working drawings according to which the work is to be done shall be

furnished from time to time as the work progresses. The contractor shall study the drawings

thoroughly in connection with other connected details and discrepancy if any bring to the

notice of the Engineer-in-charge before actually carrying out the work.

GC-57 DRAWINGS TO BE SUPPLIED BY THE CONTRACTOR :

Where drawings, date are to be furnished by the contractor they shall be as enumerated in

special condition of contract and shall be furnished within the specified time. Where

approval of drawings has been specified it shall be the Contractor's responsibility to have

these drawings got approved before any work is taken up with regard to the same. Any

changes becoming necessary in these drawings during the execution of the work shall have to

be carried out by the contractor at no extra cost. All final drawings shall bear the certification

stamp as indicated below duly signed by both the contractor and Engineer- in-charge.

"Certified true for ___________________________________project Agreement

in-charge Drawings will be approved within three (3) weeks of the receipt of the same by the

Engineer-in-charge.

GC-58 SETTING OUT WORK :

The contractor shall set out the work on the site handed by the Engineer-in-charge and shall be

responsible for the correctness of the same. The work shall be carried out to the entire

satisfaction of Engineer-in-charge. The approval thereof or partaking by Engineer-in-charge in

setting out work shall not relieve contractor of any of his responsibilities.

The contractor shall provide at his own cost all necessary level posts, pegs, bamboos, flage,

ranging, rods, strings and other materials and labourers required for proper setting out of

the work. The Contractor shall provide, fix and be responsible for the maintenance of all

stakes, temples level marks profiles and similar other things and shall take and necessary

precautions to prevent their removal or disturbance and shall be responsible for the

consequence for such removal or disturbance. The contractor shall also be responsible for the

maintenance of all existing Survey Marks, Boundary Marks, Distance Marks and Centre line

marks either existing or fixed by the Contractor. The Centre, longitudinal or face lines and

cross lines shall be marked by small masonry pillars. Each pillar shall have distance mark at

the centre for setting up the theodolite. The work shall not be started unless the setting out is

checked by Engineer-in-charge in writing but such approval shall not relive the contractor of

his responsibilities. The contractor shall provide all materials, labour and other facilities

necessary for checking at his own cost.

Pillars bearing geodetic marks on site shall be protected by the Contractor. On completion of

the work the contractor shall submit the Geodetic documents according to which the work

has been carried out.

GC-59 RESPONSIBILITIES OF CONTRACTOR FOR CORRECTTNESS OF WORK:

The contractor shall be entirely and exclusively responsible for the correctness of every part

of the work and shall rectify completely and errors thereon at his own cost when so instructed

by Engineer-in-charge.

1. Materials to be supplied by Contractor :

Contractor shall procure and provide all the materials required for the execution and

maintenance of work including M.S. rods, all tools, tackle, construction plant and equipment

except the materials to be supplied by the owner detailed in the contract documents and for

the transport thereof, owner, shall made recommendations to the respective authorities if

designed by the contractor but assumes no responsibility or any nature. Owner shall insist

for procurement of materials with ISI Marks supplied by reputed firms on the DGS & D List.

If however the Engineer-in-charge feels that work is likely to be delayed due to contractor's

inability to procure the materials, the Engineer-in-charge shall have the right to procure

materials from the market and the contractor will accept these materials at the rates decided

by Engineer-in-charge

GC-60 MATERIALS TO BE SUPPLIED BY THE OWNER :

1. If the contract provides certain materials or stores to be supplied by the S.M.C. such

materials and stores shall be transported by the contractor at his cost from S.M.C's stores or

Railway Station. The sum due from contractor for the value of materials supplied by the owner

will be recovered from the R.A.Bill on the basis of actual consumption of materials in the work

covered and for which R.A.Bill has been prepared. After completion of the work contract has

to account for the full quantity of materials supplied to him.

2. The value of store materials supplied by the S.M.C. to the contract shall be charged at

rates shown in the contract document and in case any other material not listed in the

schedule of materials is supplied by the S.M.C., the same shall be charged at cost price

including carting and other expenses 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 un-used at the time of completion of work or termination of contract

shall be returned to S.M.C.'s store or any other place as directed by the Engineer-in-charge in

perfectly good condition at contractor's cost. When materials are supplied free of cost for us in

work and surplus and unaccounted balances thereof are not returned to the Municipal

Corporation, recovery in respect of such balance will be effected at double the applicable

issue rate of the materials or the market rate whichever is higher.

GC-61 CONDITIONS OF ISSUE OF MATERIALS BY THE S.M.C.:

a) The materials specified to be issued by the S.M.C. to the contractor shall be issued by

the S.M.C.'s store or at Railway Station and all expenses for its shifting to site shall be borne

by the contractor. The materials will be issued during working hours and as per rules of S.M.C.

from time to time.

b) Contractor shall bear all expenses for storage and safe custody at site of materials

issued to him before use in work.

c) Material shall be issued by the S.M.C.in Standard/non-standard sizes as obtained from

d) Contractor shall construct suitable godowns at site for storing the materials to

protect the same from damage due to rain, dampness, fires, theft etc.

e) The contractor should take the delivery of the materials issued by the S.M.C. after

satisfying himself that they are in good conditions. Once the materials are issued, it will be the

responsibility of the Contractor to keep them in good condition and in safe custody. If the

materials get damaged or if they are stolen, it shall be the responsibility of the contractor to

replace them at his according to the instructions of the Engineer-in-charge.

f) For delay in supply or for non supply of materials to be supplied by the S.M.C., on account

of natural calamities, act of enemies, other difficulties beyond the control of the S.M.C., the

S.M.C. carries non-responsibilities. In no case the contractor shall be entitled to claim any

compensation for loss suffered by him on this account.

g) None of the materials issued to the contractor, shall be used by the Contractor for

manufacturing items which can be obtained from manufacturer. The materials issued by the

owner shall be used for the work only and no other purpose.

h) Contractor shall be required to execute indemnity bond in the prescribed form for the same

custody and account of materials issued by the owner.

i) Contractor shall furnish sufficiently in advance a Statement of his requirements of quantities

of materials to be supplied by the S.M.C. and the time when the same will be required for the

work, so as to enable Engineer-in-charge to make arrangements to procure and supply the

j) A daily account of materials issued by the owner shall be maintained by the Contractor

showing receipt, consumption and balance in head in the form laid down by Engineer-in-

charge with all connected paper and shall be always available for inspection in the site office. k)

Contractor shall see that only the required quantities of materials are got issued and no

more. The contractor shall be responsible to return the surplus materials in good condition

at S.M.C.'s store at his own cost.

GC-62 MATERIALS PROCURED WITH ASSISTANCE OF THE OWNER :

Notwithstanding anything contained to the contrary in any of the clauses of this contract,

where any materials for the execution of the contract are procured with the assistance of the

S.M.C. either by issue from S.M.C. stock or purchase made under orders or permits or licenses

issued by the Government, the contractor shall hold the same materials as trustees for owner

and use such materials economically and solely for the purpose of contract and not dispose

them off without the permission of S.M.C.and return, if required by Engineer-in-charge, all

surplus or unserviceable materials that may be left with him after the completion of the

contract or at its termination for any reason whatsoever on his being paid or credited such

prices as Engineer-in-charge shall determine having due regard to the conditions of the

materials. The price allowed to contractor shall not exceed the amount charged to him

excluding the storage charges if any. The decision of Engineer-in-charge shall be final and

conclusive in such matters. In the event of breach of the aforesaid condition, the contractor

shall in terms of license of permits and/or for criminal breach of trust be liable to compensate

S.M.C. at double rate or any higher rates. In the event of these materials at that time having

higher rate or not being available in the market then any other rate to be determined by the

Engineer-in-charge and his decision shall be final and conclusive.

GC-63 MATERIALS OBTAINED FROM DISMANTLING :

If the contractor, in the course of execution of work is called upon to dismantle any part for

reasons other than on account of bad or imperfect work, the materials obtained from

dismantling will be the property of the S.M.C. and will be disposed of as per instruction of

Engineer-in-charge in the best interest of the S.M.C.

GC-64 ARTICLE OF VALUE OR TREASURE FOUND DURING CONSTRUCTION:

All gold, silver and other minerals of any description and all previous stones, coins, treasures,

relics, antiquities and other similar things which shall be found in under or upon site shall be

the property of the owner and the contractor shall property preserve the same to the

satisfaction of Engineer-in-charge and shall hand over the same to the owner.

GC-65 DISCREPANCIES BETWEEN INSTRUCTIONS :

If there is any discrepancy between the various stipulations of the contract documents of

instructions to the contractor or his authorised representative or if any doubt arises as in

the meaning of such stipulation or instructions, the contractor shall immediately refer in

writing to the Engineer-in-charge whose decision shall be final and conclusive and no claim

for losses caused by such discrepancy, shall in any event be admissible.

Incase there is any discrepancy in measurements showing drawing and specifications, the same

shown in drawing shall be considered as final and will be binding upon the contractor.

GC-66 SCHEDULE OF QUANTITIES AND EXTRA ITEMS :

A. Schedule of Quantities :

Variations in the quantities of work in schedule of quantities shall not vitiate the contract. The

rates quoted for the individual items shall apply for the quantities of work increased or

decreased by not more than twenty percent for each of the items, should the quantities of

work actually involved under any item vary by more than thirty (30%)percent, the rate for such

item of work shall be revised in accordance with the procedures indicated under clause "Extra

Items". The payment for the items will, however, continue to be at the original rate till the

revised rate decided.

B. Extra Items :

Extra Items of work shall not vitiate the contract. The contractor shall be bound to

execute extra items of work as directed by the Engineer-in-charge. The rates for extra

items shall be derived from the S.O.R.(R&B Division) Year 2023-2024 and quoted

premium of tender. If the rate of extra item is not available in S.O.R. it will be derived on

prevailing market rate.

GC-67 ACTION WHEN NO SPECIFICATION IS ISSUED :

In case of any class of work for which no specification is supplied by the S.M.C. in the tender

documents, such work shall be carried out in accordance with I.S.S. do not cover the same, the

work should be carried out as per standard Engineering practice subject to the approval of

Engineer-in- charge.

GC-68 ABNORMAL RATES :

Contractor is expected to quote rate for each item after careful analysis of cost involved for the

performance of the completed item considering all specifications and conditions of contract.

This will avoid loss of profit or gain in case of curtailment or change or specification for any

item. In case it is notice that the rates quoted by a tenderer for any item is usually high or

unusually low, it will be sufficient cause for rejection of tender unless the S.M.C. is convinced

about the reasonableness of the rates on scrutiny of the analysis for such rate to the

furnishing by the tenderer or demand.

GC-69 ASSISTANCE TO ENGINEER-IN-CHARGE :

Contractor shall make available to Engineer-in-charge free of cost all necessary instruments

and assistance in checking of any work made by the contractor for taking measurement of

GC-70 TEST OF QUALITY OF WORK :

1. All workmanship shall be of the best kind described in the contract document and in

accordance with the instructions of Engineer-in-charge and shall be subjected from time to

time to such test at contractor's cost as the Engineer-in-charge may directed at the place of

manufacture of fabrication or on site or at any such place. Contractor shall provide assistance,

instruments labour and materials as are normally required for examining measuring and testing

any work workmanship as may be selected and required by Engineer-in-charge.

2. All tests will be necessary in connection with the execution of work as decided by Engineer-

in-charge shall be carried out at an approved laboratory at contractor's cost.

3. The contractor shall furnish to Engineer - in - charge for approval when requested or if

required by the specification adequate samples of all materials and finished goods to be

used in work and sufficiently in advance to permit test and examination thereof. All materials

furnished and finished goods applied in work shall be exactly as per the approved samples.

4. All the testing charges shall be borne by the Contractor.

GC-71 ACTION AND COMPENSATION IN CASE OF BAD WORKMANSHIP :

If it shall appear to the Engineer-in-charge that any work has been executed with materials of

inferior description, or quality or are unsound or with unsound imperfect or unskilled

workmanship or otherwise not in accordance with the contractor shall, no demand in writing

from Engineer-in-charge or his authorised representative specifying the work, materials

or articles companied of, notwithstanding that the same may have been inadvertently

passed, certified and paid for forthwith rectify or remove and reconstruct the work, specified

and in the event of failure to do so within a period to be specified by Engineer- in-charge in his

aforesaid demand, contractor shall be liable to pay compensation at the rate of one (1) percent

of the tendered cost of work for every Ten (10) days limited to a maximum of Ten (10%)

Percent of the value of work while his failure to do so continue and in the case of any such

failure the Engineer-in- charge may on expiry of the notice period rectify and remove and

reexecute the work or remove and replace with other at the risk and cost of the Contractor.

The decision of the Engineer-in- charge as to any question arising under this clause shall be

final and conclusive.

GC-72 SUSPENSION OF WORK :

Contractor shall, if ordered in writing by Engineer-in-charge or his representative temporarily

suspended the work or any part thereof for such time (not exceeding two months) as ordered

and shall not after receiving such written order proceed with the work until he shall have

received a written order to proceed therewith the contractor shall not be entitled to claim

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 the applied for the

same provided the suspension was not consequent upon any default or failure on the part of

the contractor.

GC-73 OWNER MAY DO PART OF THE WORK :

When the contractor fails to comply with any instructions given in accordance with the

provisions of this contract, the S.M.C. has the right to carry out such parts of work as the

S.M.C. may designate whether by purchasing materials and engaging labour or by the agency of

another contractor. In such case the S.M.C.shall deduct from the amount which otherwise

might become due to contractor the cost of such work and materials with Ten (10%)

percent added to cover all departmental charges and should the total amount thereof exceed

percent added to cover all departmental charges and should the total amount thereof exceed

the amount due to contractor, contractor shall pay the difference to S.M.C.

GC-74 POSSESSION PRIOR TO COMPLETION :

The Engineer-in-charge shall have the right to take possession of or to use any completed or

partly completed work or part of work, such possession or use shall not be deemed to be an

acceptance of any work completed in accordance with the contractor. If such prior

possession or use by Engineer-in- charge delays the progress of work, equitable adjustment in

the time of completion will be made and the contract shall be deemed to be modified

GC-75 COMPLETION CERTIFICATE :

As soon as the work has been completed in accordance with contract (except in minor

respect that do not effect their use for the purpose for which they are intended and except

for maintenance thereof) as per general conditions of contract and has passed the tests on

completion, the Engineer-in-charge shall issue a certificate (hereinafter called completion

certificate) in which he shall certify the date on which work has been completed and has

passed the said tests and S.M.C. shall be deemed to have taken over work on the date so

certified. If work has been divided in various groups in contract, S.M.C. shall be entitled to take

over any group or groups before the other or others and there-upon the Engineer-in-charge

will issue a completion certificate which will, however, be for such group or groups so taken

over only. In order that contractor could obtain a completion certificate, he shall made good,

with all speed any defect arising from the defective materials supplied by contractor or

workmanship or any act or commission of contract that may have been discovered or

developed after the work or group 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 a

reasonable time, S.M.C. may proceed to do work at contractor's risk and expenses and deduct

from the final bill such amount as may be decided by S.M.C. 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 contractor for completion of work, S.M.C.

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 this work for the issue of completion

GC-76 SCHEDULE OF RATES :

1. The price/rates quoted by the contractor shall be remain firm till the issue of final certificate

and shall be subject to price ADJUSTMENT CLAUSE GC-35. Schedule of rates shall be deemed

to include and cover all costs expenses and liabilities of every description and all risks of every

kind to be taken in executing, completing and handling overwork to owner by contractor.

Contractor shall be deemed to have known the nature, scope, magnitude and the extent of

work and materials required through contract documents may not fully and precisely

furnish them. He shall make such provision in the schedule of rates as he may consider

necessary to cover the cost of such items of work and materials as may be reasonable and

necessary to completion work. The opinion of Engineer-in-charge as to the item of work shall

be final and binding on Contractor although the same may be not shown on or described

specifically in contract documents.

2. The Schedule of rates shall be deemed to include and cover the cost of all constructional

plant, temporary work, pumps, materials, labour and all other materials in connection with

each item in schedule of rates and the execution of work or any portion thereof furnished

complete in every respect and maintained as shown or described in the contract document or

as may be ordered in writing during the continuance of the contract.

3. The Schedule of rates shall be deemed to include and cover the cost of all royalties and free

for the articles and processes, protected by letters patent or otherwise incorporated in or used

in connection with work, also all royalties, and other payments in connection with materials of

whatsoever kind for work and shall include an indemnity to-owner which contractor hereby

gives against all action, proceeding, claims, damages, costs and expenses arising from the

incorporation in use of work of any such articles, processes or materials. Octroi of other

Municipal or Local Board charges if levied on materials equipment of machineries to be brought

to site for use on work shall be borne by the contractor.

4. No exemption or reduction of custom duties excise duties, sales-tax or any other taxes or

charges of the Central or State Government any local body whatsoever will be granted to

obtained. All of such expenses shall be deemed to have been included in and covered by

schedule of rates. Contractor will also obtained and pay for all permits or other privileges

necessary to complete work.

5. The schedule of rates shall be deemed to include and cover risk on account of delay or

interference with contractor's conduct of work which may occure from any cause including

orders of S.M.C. in the exercise of his power and no account of extension of time granted due to

various reasons.

6. For work under unit rate basis no alteration will be allowed in the schedule of rates by

reason of work or any part of them being field, altered extended, diminished or omitted.

GC-77 PROCEDURE FOR MEASUREMENT OF WORK IN PROGRESS :

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

measured by the representative of Engineer-in-charge and contractor's authorised agent.

Such measurements will be got recorded in the measurement book by the Engineer or his

authorised representative and signed by contractor or his authorised agent in token of

acceptance. If the contract or his authorised agent fails to be present when even required

by the Engineer-in-charge for taking measurements for any reasons whatsoever, the

measurement will be taken by the Engineer - in - charge or his authorised representative not

withstanding the absence of contract and these measurement will be deemed to be correct and

binding on contractor.

2. Contractor will submit a bill in approved performa in duplicate to the Engineer - in -

charge of the work giving abstract and detailed measurements of various items executed

during a month as mutually agreed. The Engineer-in-charge shall verify the bill and the

claim, as far as admissible, adjusted if possible, within 10 days of presentation of the bills.

3. In case of Tenders for completed items of work, contractor may be allowed 'Secured

Advance' on the Security of materials brought to site for execution of the constructed items of

work the extent of 75% of the value of materials of unperishable nature and an agreement be

drawn up with contractor under which the owner secured a lien on these materials and is

safe guarded against losses due to any reasons whatsoever. Recoveries of advance paid

would not be postponed till the whole work is completed but shall be adjusted from his work

done or the materials used, the necessary deductions being made when the items of work in

which they are used and are billed for. When the mode of measurement is not covered by

contract for any item of work it shall be as per latest I.S.I.

GC-78 RUNNING ACCOUNT PAYMENT TO BE RECOVERDED AS ADVANCES :

1. All running account payments shall be regarded as payments by way of advance against the

final payment only and not as payment for work actually done and completed and shall not

preclude the requiring of bad, unsound and imperfect or unskilled work to be removed and

taken away and reconstructed or to be considered as an admission of the due performance of

contract or any part thereof.

GC-79 NOTICE FOR CLAIM FOR ADDITIONAL PAYMENT :

If the contractor considers that he is entitled to extra payment or compensation or any claim

whatsoever in respect of work, he shall forthwith give notice in writing to the Engineer-in-

charge about his extra payment and/or compensation. Such notice shall be given to the

Engineer-in-charge within Ten (10) days from the happening of any event upon which

contractor basis such claims and such notice shall contain full particular of the nature of such

claim with full details and amount claimed. Failure on the part of the contractor to put

forward any claim with the necessary particulars as above within the time above specified

shall be an absolute waiver thereof. No commission by S.M.C. to reject any such claim and no

delay in dealing therewith shall be waiver by S.M.C. of any rights in respect thereof.

GC-80 PAYMENT OF CONTRACTOR'S BILL :

1. The price to be paid by the S.M.C. to contractor for the work to be done and for the

performance of all the obligations under taken by the contractor under contract shall be based

on the contract price and payment to be made accordingly for the work actually executed and

approved by the Engineer-in-charge.

2. No payment shall be made for work costing less than Rs.5,000/-till the work is completed

and a certificate of completion given. But in case of work estimated to cost more than

Rs.5,000/- contractor on submitting the bill thereof will be entitled to receive a monthly

payment, proportionate to the part thereof, approved and passed by Engineer-in-charge

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

conclusive against contractor. This payment will be made after making necessary deductions

as stipulated elsewhere in the contract documents for materials, security deposit, etc.

The payment shall be released to the contractor within Thirty ( 30 ) days of submission of

the bill in case of running bill and with in two (02) months in case of final bill, contractor shall

present the bill duly pre-receipted on proper revenue stamp.

Payment due to Contractor shall be made by the by crossed Accounts payee cheque in Indian

currency forwarding the same to the registered office of the contractor. Owner shall not be

responsible if the cheque is mislaid or misappropriated by unauthorized person.

GC-81 FINAL BILL :

The final bill shall be submitted by Contractor within two (02) month of the date of physical

completion of work, Otherwise the Engineer-in-charge certificate of the measurement and of

total amount payable for work shall be finalized binding on all parties.

total amount payable for work shall be finalized binding on all parties.

GC-82 RECEIPT FOR PAYMENT :

Receipt for payment made on account of work when executed by a firm must be signed by a

person holding power of attorney in this respect on behalf of contractor except when

described in the tender as a limited company in which case the receipt must be signed in the

name of the company by one of its principal officers or by some other person having

authority to give effectual receipt for the Company.

GC-83 COMPLETION CERTIFICATE :

1. When the contractor fulfil his obligation as per terms of contract he shall be eligible to

apply for completion certificate. Contractor may apply for separate completion certificate

in respect of each such portion of work by submitting the completion documents alongwith

such application for completion certificate.

The Engineer-in-charge shall normally issue to contractor the completion certificate within

(Two) month after receiving an application thereof from contractor after verifying from the

complete documents and satisfying himself that work has been completed in accordance with

and as set out in the construction and erection drawings and the contract document.

Contractor after obtaining the completion certificate is eligible to present the final bill for

work executed by him under the terms of contract.

2. Within 2 (Two) month of completion of work in all respect contractor shall be furnished

with a certificate by the Engineer-in-charge of such completion but no certificate shall be given

nor shall work be deemed to have been executed, until all (1) scaffolding, surplus materials and