DRAINAGE MAIN LINE UPGRADATION WORK AT KANAK NAGAR, BHOJALRAM AND RAJARAM SOCIETY, PARSHURAM INDUSTRIES IN MANDADUNGAR AREA, SITARAM NAGAR, MAYUR NAGAR ETC. AREA, CHUNARAWAD, BEDIPARA SHRAMJIVI AREA, BALKRUSHNA SOCIETY AND GOKULNAGAR AREA IN WARD NO.6 (6th ATTEMPT)

5. Opening of Technical Bid 21-09-26

6.Verification of submitted documents 21-09-26

(EMD, e - Tender fee, etc.)

7.Opening of Price Bid (For Technically 23-09-26

qualified bidders only)

8.Bid Validity 120 Days

CITY ENGINEER (SPL)

RAJKOT MUNICIPAL CORPORATION

SHRI ZAVERCHAND MEGHANI BHAWAN

EAST ZONE OFFICE, BHAVNAGAR ROAD,

RAJKOT - 360003 (GUJARAT)

RAJKOT MUNICIPAL CORPORATION

BID DOCUMENT FOR

DRAINAGE MAIN LINE UPGRADATION WORK AT KANAK

NAGAR, BHOJALRAM AND RAJARAM SOCIETY,

PARSHURAM INDUSTRIES IN MANDADUNGAR AREA,

SITARAM NAGAR, MAYUR NAGAR ETC. AREA,

CHUNARAWAD, BEDIPARA SHRAMJIVI AREA,

BALKRUSHNA SOCIETY AND GOKULNAGAR AREA IN

WARD NO.6 (6th ATTEMPT)

Section-1 Invitation to Bid, Instructions to Bidders

Section-2 General Conditions of Contract

Section-3 Technical Specifications

Bill of Quantities ( With Price )

Statement showing the details of abbreviations

Full Form Abbreviation

CITY ENGINEER (SPL) ACE

Operation and Maintenance O&M

Net Present Value NPV

Engineering Procurement and Construction EPC

Paschim Gujarat Vij Co. Ltd. PGVCL

Critical Path Method CPM

Reinforced Cement Concrete RCC

High Ground Level Reservoir HGLR

Bureau of Indian Standard BIS

American Water Works Association AWWA

American Petroleum Industries API

Million Liter per Day MLD

High Yield Strength Deformed bar HYSD

Corrosion Residence Steel CRS

Ordinary Portland Cement OPC

American Standard for Testing of Material ASTM

Flux Compensated Magnetic Amplifier FCMA

Cost Insurance and Freight CIF

Free On Board FOB

INVITATION FOR BIDS

RAJKOT MUNICIPAL CORPORATION

e-TENDER NOTICE

The e-Tenders are invited with two bid system by e-Tendering from the

experienced contractors registered in GWSSB / State Government / Central

Government / Semi Government in appropriate class for below mentioned

a) Estimated cost in Rs.

Sr Name of work b) EMD

No c) E-TENDER fee

d) Time limit for

completion of work

1 DRAINAGE MAIN LINE UPGRADATION a.1) Rs.4,26,68,000/- (without GST)

WORK AT KANAK NAGAR, BHOJALRAM a.2) Rs.5,03,00,000/- (with GST)

AND RAJARAM SOCIETY, PARSHURAM b) Rs.4,26,680/-

INDUSTRIES IN MANDADUNGAR AREA, c) Rs.7,500/-

SITARAM NAGAR, MAYUR NAGAR ETC. d) 12 months

AREA, CHUNARAWAD, BEDIPARA

SHRAMJIVI AREA, BALKRUSHNA SOCIETY

AND GOKULNAGAR AREA IN WARD NO.6

e-TENDER No.RMC/ENGG/CZ/25-26/57

Milestone dates for e-tendering are as under

1. Downloading of e-documents 20-08-26 To 11-09-26 upto 17.00 Hrs.

2. Pre-bid meeting in the O/o CE 25-08-26 at 16.00 Hrs.

3. Last date for online submission of e- 11-09-26 upto 18.00 Hrs.

4. Submission of EMD, Tender fee and Before 19-09-26 and 18.00 Hours

other documents for verification by

Regd.Post.A.D. / Speed Post

5. Opening of Technical Bid 21-09-26

6.Verification of submitted documents 21-09-26

(EMD, e - Tender fee, etc.)

7.Opening of Price Bid (For Technically 23-09-26

qualified bidders only)

8.Bid Validity 120 Days

1. The e-tender fee will be accepted only in form of Demand Draft in favor

of "Rajkot Municipal Corporation" Rajkot, payable at Rajkot from any

Nationalized Bank or Scheduled Bank (except Co-operative Bank) in

India and must be delivered to above address.

2. All bidders must submit Bid security (EMD) as above either directly

deposited in ICICI Bank Account No.015305010638 (Rajkot Municipal

Corporation) IFSC Code ICIC0000153 or submit at the below mentioned

address in form of Demand Draft in favour of "Rajkot Municipal

Corporation", Rajkot, from any Nationalized Bank or Scheduled Bank

(except Co-operative Bank) in India. Bank Guarantee will also be

3. Submission of required documents shall have to be done at the below

mentioned address:

Office of the CITY ENGINEER (SPL)

Rajkot Municipal Corporation

SHRI ZAVERCHAND MEGHANI BHAWAN,

Construction Branch, BHAVNAGAR ROAD,

4. The pre-qualification requirement is as under:

i) Financial Criteria:

1. The Bidder must have achieved a minimum annual turnover in

any one year over the last seven financial years of the annual

value of contracts value.

2. The Bidder should give undertaking that he has access to or has

available, liquid assets and/or credit facility equal to 25% of the

value of the contract / contracts applied.

3. Available Bid Capacity (ABC) must be more than the estimated

Available bid capacity (ABC) = (A x N x 2) – B,

A = Maximum of updated total amount of work executed in any

A = Maximum of updated total amount of work executed in any

one year of the last seven financial years taking into account

the completed as well as works in progress

B = Amount of the existing commitments and ongoing works to

be completed during time interval of N years from the bid

N = Number of years prescribed for completion of the proposed

4. Bidder must have minimum “A” Class registration.

ii) Experience Criteria:

The bidder should posses following minimum experience in similar

1. Bidder should have completed OR substantially completed at

least one work of 40% of tender amount either in Government

or Semi-Government or Government Autonomous Body as a

main contractor in period of last seven years.

i) Substantially completed works means those works which are

completed atleast 90% of original contract price on the date

of submission of this tender and execution is satisfactory.

ii) The work may have been executed by the applicant as

prime contractor or as a member of a joint venture. In case

a project has been executed as a joint venture, joint

venture proportion will be taken into consideration.

2. Bidder should have enough machinery and experienced

personnel to supervise the work.

Note on pre-qualification requirement:

1. Enhancement factor at 10% per year for last seven years will be

applicable to arrive at average annual turnover and experience to

finalize the magnitude of work done in last seven years.

1 Current Year (2026-27)

2 Current Year – 1 (2025-26)

3 Current Year – 2 (2024-25)

4 Current Year – 3 (2023-24)

5 Current Year – 4 (2022-23)

6 Current Year – 5 (2021-22)

7 Current Year – 6 (2020-21)

8 Current Year – 7 (2019-20)

2. For Financial and Experience criteria, the estimated cost of

Rs.4,26,68,000/- will be considered.

5. Price Escalation:

‐ The work is to be carried out at various places in the ward

‐ Contract price shall be adjusted for increase or decrease in rates

and price of Labour, Materials, Fuels & Lubricants in accordance

with the following principles & procedures and as per formula

given in the contract data.

A. The price adjustment shall apply for the work done from the

start date given in the contract data up to end of the initial

intended completion date or extensions granted by the

Competent Authority and shall not apply to the work carried

out beyond the stipulated time for reasons attributable to the

B. The price adjustment shall be determined during each month

from the formula given in the contract dat.

C. Following expressions and meanings during to the work done

during each month.

The price adjustment for Material

Vm = Increase or decrease in the cost of work during the

month under consideration due to change in rates for local

materials other than Cement, Steel, Bitumen & POL (Fuel &

Mo = The all-India wholesale price index (All commodities) on

28 days preceding the schedule date of opening of technical

bids, as published by the office of Economic Advisor, Dept. for

promotion of Industry & internal trade, Ministry of Commerce

Mi = The all-India Whole sale price index (all commodities)

for the month under consideration as published by the office

of Economic Advisor, Dept. for promotion of Industry &

internal trade, Ministry of Commerce and Industry.

Pm = Percentage of local Material Component (other than

Cement, Steel, Bitumen & POL) of the work.

R= Total value of work done during the month. It would

include the amount of secured advance granted, if any,

during the month less the amount of secured advance

The following percentage will govern the price adjustment for

the entire contract.

1. Labour – Pl 30.75 %

2. Cement – Pc 2.20 %

3. Steel – Ps -- %

4. Bitumen – Pb -- %

6. Plant & Machinery spares – Pp 7.39 %

7. Other Material – Pm 59.48 %

Total… 100.00 %

Note: The same formula will be applicable to Steel Ps /

Cement Pc / Bitumen Pb / Labor Pl / POL (Fuel & Lubricants)

Pf / Plant & machinery spares Pp / Other Material Pm.

6. Bidder has to quote their rates without GST and including other taxes. The

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

7. The contractor shall have to purchase the material required for this

tender work, only from the supplier having registered GST Number.

RMC will not be responsible to pay any amount towards GST if the

material is purchased from the unregistered supplier / not having GST

8. After opening of Technical Bid, the procedure for the pre-

qualification shall be adopted and the Price Bid of only successful

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

decision of Municipal Commissioner regarding the pre-qualification shall

be final and binding to all the bidders.

9. The Tender of those bidder(s) those who fails to produce the required

documents physically within the stipulated date and time, will be treated

as non responsive and their Price Bid will not be opened.

10. The bidder should not have been Black Listed, suspended, terminated,

backed out, debarred & delisted by any Municipal Body / Urban Local

Body / Development Authority in any State Government Body or

undertaking / any department or undertaking of Government of India,

since inception of the firm / Company. Such a case will be rejected out

rightly. A Declaration in this regard on Rs.300/- Stamp Paper duly

Notarized shall have to be submitted as per Annexure along with the

tender documents. Submission of the bid document without such

Notarized declaration will be rejected out rightly.

11. The bidder should provide accurate information on any litigation history

or arbitration resulting from contracts completed or under execution by

him over the last ten years. This should also include such cases, which

are in process / progress. A consistent history of awards against the

bidder may result in failure of the bid. In case the bidder has not

provided such information and has come to the notice of the authority,

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

the losses that will arise out of this issue will be recovered from the

Bidder / bidder and he will not have any defense for the same.

12. Joint Venture is not permitted for this tender.

13. Conditional Tenders will be out rightly rejected.

14. If no agency remains present and are no points for Prebid meeting,

“NIL” minutes to be considered and the same will not be uploaded.

15. Rajkot Municipal Corporation, Rajkot, reserves the right to accept /

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

CITY ENGINEER (SPL)

Rajkot Municipal Corporation

CHECKLIST FOR SUBMISSION OF DOCUMENTS

(ONLINE AND OFFLINE)

The bidder must submit the relevant documents as per below:

Sr Document Name ONLINE OFFLINE

No SUBMISSION SUBMISSION

1 Tender Fee Scan Image Original

2 EMD Scan Image Original

3 Agency Registration Certificate Scan Image --

4 GST Registration Scan Image --

5 PAN Card Scan Image --

6 PF Registration Scan Image --

7 ESIC Registration Scan Image --

8 Labour License & CESS As per Prevailing --

Registration Govt.Rules

9 Non-Blacklist Declaration on Scan Image Original

10 Turnover Certificate from CA Scan Image --

11 Work Experience Certificates Scan Image --

12 Other document, if any Scan Image --

13 Working Capital Certificate From Scan Image --

C.A. Or Under taking

14 Available Bid Capacity Certificate Scan Image --

with Sign and Stamp of CA (For

Work More Than Rs. 1Cr)

Note: The bidder must submit all relevant documents as per qualification

criteria and tender conditions. No correspondence to the agency will be done

for shortfall documents.

Original documents to be brought by bidder/authorized person for verification

on the date and time as communicated by engineer-in-charge. Successful

bidder to submit hard copy of tender documents including

addenda/Corrigendum, if any and other supportive documents as required in

this tender, duly stamped & signed on all pages.

CITY ENGINEER (SPL)

Rajkot Municipal Corporation

Name and signature of Bidder

Check List for submission of Documents Tab

Tender Fee submitted as per Tender Yes / No

Tender Earnest Money Deposit Yes / No

submitted as per Tender

Registration documents submitted as Yes / No

per tender requirement

Financial Details:

Turnover details submitted as per Yes / No

Working Capital as per requirement of Yes / No

tender is submitted

Experience Details:

Details of Technical Staff and details of Yes / No

machineries submitted

Address proof submitted Yes / No

Identity proof submitted Yes / No

Fresh Declaration on Non-Judicial Yes / No

Stamp Paper regarding not black listed

or Terminated or Debarred, is submitted

Professional Tax Receipt of current year Yes / No

Over and above, the agency shall also have to submit all other necessary

documents as may be required for pre-qualification, failing which, the

agency will be treated as Non-responsive and will be DISQUALIFIED and

also the online price bid of such agency will not be opened.

Signature of contractor with seal

Details of Firm

Name of the Bidding firm :

Telephone No. :

Income Tax Year :

Details of Firm Partners

Sr Name of the firm Address with Phone Full details of

No. Proprietor/Partner No. Income Tax Ward.

Office Residence

No.of Extra sheets used ________ Pages ________ to ________

Financial Statement

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

Name of the firm / Partner /

- Issued and Paid-up

- FINANCIAL POSITION

-Current Assets

- Current Liabilities

- Ratio (Assets to Liabilities)

- Working Capital

Please attach copy of Income tax return, audited balance sheet and

profit and loss account for the last three years.

No. of Extra sheets used _______ pages _______ to ________

Details of Firm Partners / Directors

Sr Name of person and Prop/ Phone Numbers Full

No address Partner/ Office Resi. Mobile details

Details of Bankers of the Tenderer

Sr Name of Bank Account Manager / Address Phone

No type and Contact Number

No.of Extra Sheets used _______ Pages ____ to _______

Details of works completed by Tenderer in last Seven years.

(2018-19 to 2024-25 years wise)

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

Sr Name Address Tenderer Year of Time Project Project

No and 's role comple- taken details cost

type (Develo- tion for (in

of per / comple- lacs)

work Builder/ tion (in

Contractor months)

(Tenderer can enclose photographs of the above works, with project

and bidder's name on the back side).

No. of extra sheets used ______ Pages ______ to ________

SUPPLYING, LAYING AND COMMISSIONING EXPERIENCE OF DUCTILE IRON/M.S.

PIPELINE IN KMS IN LENGTH (MINIMUM) IN SINGLE CONTRACT IN LAST SEVEN

Sr.No Name of Total Name of Client Length in Length in Delay in Whether

Scheme Length with address, Km for Km for Months from Project

in contact Diameter Diameter Scheduled Under

Kms number and < Completion Litigation

fax no. >=300mm 300mm Time (Yes /

Signature of Contractor

Name of the Contractor

Stamp of Company

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

EXPERIENCE IN EXECUTION OF SIMILAR PROJECTS AS A MAIN CONTRACTOR – MINIMUM

REQUIREMENT ONE PROJECT

(With Similar Nature in Last 7 Years) Cost of the project should not be less than Rs. -----Crores.

Sr. Name of Project / Project Capacity Cost of the Brief Details Year of Delay in

No. Client project of Project work months from

in Rs. Lakhs. components done the Scheduled

Signature and Stamp of Contractor

Name of the Contractor

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

DETAILS OF PLANT & EQUIPMENT OWNED BY THE CONTRACTOR

Description Qt Capacit Make Year Details of Owned Present

y. y or and of the RTO / Locatio

Output Mode Manuf registrati Hired/ n

l acture on Leased

principal Plant

g) Other ( Bidder

Note: The contractor shall have to submit proof of ownership of each equipment as

otherwise it will be considered that equipments are to be hired.

DETAILS OF KEY-PERSONNEL WITH TENDERER

Sr Name Qualification Type of Experience Whether

No experience in years will be

No. of extra sheets used _______ Pages ______ to _______

List of Attachments

Sr Attachment No. of Included Yes/No

No. of Extra Sheets used _______ Pages _______ to _______

Name of Work : DRAINAGE MAIN LINE UPGRADATION WORK AT

KANAK NAGAR, BHOJALRAM AND RAJARAM SOCIETY,

PARSHURAM INDUSTRIES IN MANDADUNGAR AREA,

SITARAM NAGAR, MAYUR NAGAR ETC. AREA,

CHUNARAWAD, BEDIPARA SHRAMJIVI AREA,

BALKRUSHNA SOCIETY AND GOKULNAGAR AREA IN

WARD NO.6 (6th ATTEMPT).

Further information

(Any Further Information To Prove Tenderer's Capability For The

No. of Extra Sheets used _______ Pages ______ to _________

MEMORANDUM OF UNDERSTANDING (MOU)

This MOU made and entered into on th day of , 202 for the , DRAINAGE

MAIN LINE UPGRADATION WORK AT KANAK NAGAR, BHOJALRAM

AND RAJARAM SOCIETY, PARSHURAM INDUSTRIES IN

MANDADUNGAR AREA, SITARAM NAGAR, MAYUR NAGAR ETC. AREA,

CHUNARAWAD, BEDIPARA SHRAMJIVI AREA, BALKRUSHNA SOCIETY

AND GOKULNAGAR AREA IN WARD NO.6 (6th ATTEMPT).

M/s. Principal Contractor having registered office,

………………………………. referred to as “PC” which expression shall unless

repugnant to the context or contrary to the meaning thereof includes

its successors, legal heirs, representatives and permitted assignee of

M/s. Pipe Manufacturer , having registered factory at” ……………..

HERE INAFTER referred to as “ PM” which expression shall unless

repugnant to the context or contrary to the meaning thereof

includes its successors, legal heirs, representatives and permitted

assignees of Second part

WHEREAS RAJKOT MUNICIPAL CORPORATION ( herein after referred to as

CLIENT ) has invited tender for the work of ( e- tender -

) DRAINAGE MAIN LINE UPGRADATION WORK AT KANAK NAGAR,

BHOJALRAM AND RAJARAM SOCIETY, PARSHURAM INDUSTRIES IN

MANDADUNGAR AREA, SITARAM NAGAR, MAYUR NAGAR ETC. AREA,

CHUNARAWAD, BEDIPARA SHRAMJIVI AREA, BALKRUSHNA SOCIETY

AND GOKULNAGAR AREA IN WARD NO.6 (6th ATTEMPT).under control

of The Municipal Commissioner, Rajkot Municipal Corporation . Here in after

referred to as work.

The purpose of this MOU is to ensure successful Manufacture, Testing & Supply of pipes of

the said project and to respond to the well defined requirements stipulated in the tender

specification duly amendment if any during pre-bid conference and the requirements of

WHEREAS “ PC ” shall be the principal contractor / Bidder who have relevant experience

Providing, laying, jointing, testing & commissioning of DI pipeline of various diameter for

in required length for state / central or any semi govt. organization for their water supply

scheme successfully and desires to undertake the said work after award of Contract for the

AND WHEREAS “PM” is having own manufacturing unit for manufacturing of Ductile Iron

pipes as per the standards laid down in the tender document of this project and agrees to

Manufacture, testing, marking and supply required total quantity as per tender in 50% of

time limits shown in the tender with a provision to provide all testing facilities at factory site

to the authorized engineer and his team of Rajkot Municipal Corporation for this project.

NOW THEREFORE in consideration of all the above, it is hereby agreed upon

by and between the parties as follows:

1 “PM” agrees to manufacture, testing and supply pipes as per the

relevant IS code of practice and specifications laid down in the tender

document to “PC”, if the same are desired and requested by the client.

2 “PM” in this association will provide all Technical Assistance for

Design & Manufacturing of pipes as per the standards and

specifications within a period prescribed in the tender. “PC” shall in

all normal circumstances carry out the said work at site at the price

quoted by them.

3 Both the companies “PC” and “PM” are jointly and severally

responsible for performance in totality for their respective scope of

work included in the above said work up to liability period.

4 The parties hereto further agree that each of them treat the

TECHNICAL AND FINANCIAL DATA and information supplied by one to

the other as strictly confidential and confine to any tender only and

shall not part with the same to be third party.

5 When “PC” gets the work order for the above said work from the

CLIENT, “PM ” shall automatically get its part of order from “PC”.

6 In the event, liquidated damages are imposed by the CLIENT, for

the non fulfillment of any requirement or conditions pertaining to

completion of this work by “PC” shall be prime responsible &

“PM” shall be responsible for Manufacturing, testing, supply of

required pipes under scope of work.

7 All questions/disputes related to this contract or consequence to

this MOU which cannot be settled, mutually shall within 30 days

from the date that either PARTY informs the other in writing

that such disputes or disagreement, all necessary Assistance for

performance under this contract shall continue during the

arbitration proceedings. The venue of Arbitration shall be Rajkot and

municipal commissioner shall be the sole arbitrator for this work.

8 Each PARTY shall inform, in a timely manner, to the other PARTY the

specifications and other details available with one PARTY and required

by the other Party to enable the other PARTY to properly perform their

own scope of work.

9 “PC” shall bear all cost and expenses incurred in connection or

otherwise related to all parts and aspects of the project work.

10 Manufacture & Supply understanding letter of “PM” dated

20 shall be considered as part of Agreement.

11 Payment to sub contractor / pipe manufacturer for this work shall

be made by “PC” However if further amount on sub contract etc. will

be levied by the Govt., any further taxes of central or state govt., PC

shall be responsible for it.

IN WITNESS WHEREOF the parties have caused there duly

authorized representative to sign below:

Signed for & on behalf of

Proprietor. Director.

Form of Bid Security (Bank Guarantee) (DELETED)

(hereinafter called “the Bidder") has submitted his bid dated

_______________________ [Date] for the construction of'

______________ [Name of Contract] (hereinafter called "the Bid").

KNOW ALL MEN by these presents that We

________________________________ [Name of Country] having our

registered office at ______________________________________

(hereinafter called "the Bank) are bound as principal obligator unto

(hereinafter called "the Employer") and unconditionally and irrevocably

guarantee the payment to the sum of ______________________ for which

payment well and. truly to be made to the said Employer the Bank binds

himself, his successors and assigns by these presents.

SEALED with the Common Seal of the said Bank this ________ day of

THE CONDITIONS of this obligation are:

(1) If the Tenderer withdraws his Bid during the period of bid validity

specified in the Form of Bid:

(2) If the Tenderer refuses to accept the correction of errors in his

(3) if the Tenderer, having been notified of the acceptance of his Bid

by the Employer during the period of Bid validity;

(a) fails or refuses to execute the Form of Contract Agreement

in accordance with the' Instructions to Bidders, if required;

(b) fails or refuses to furnish the Performance Security, in

accordance with the Instructions to Bidders;

We undertake to pay to the Employer up to the above amount upon receipt

of its first written demand, without the Employer having to substantiate its

demand, provided that in its demand the Employer will note that the amount

claimed by it is due to it owing to the occurrence of one or all of the three

conditions, specifying the occurred condition or conditions.

This Guarantee will remain in force up to and including the date

________________ days after the deadline for submission of bids as such

deadline is stated in the Instructions to Bidders or as it may be extended by

the Employer, notice of which extension(s) to the Bank is hereby waived.

Any demand in respect of this Guarantee should reach the Bank not later

than the above date.

DATE ________________________ SIGNATURE OF THE BANK

(Signature, Name, and Address)

FORM OF CONTRACT AGREEMENT

THIS AGREEMENT made the____________day

___________(hereinafter called “the Employer”) of the one part

called “the Contractor” of the other part.

WHEREAS the Employer is desirous that certain Works should be executed

by the Contractor, viz.,

and has accepted a e-Tender by the Contractor for the execution and

completion of such Works and the remedying of any defects therein at a cost

NOW THIS AGREEMENT WITNESSETH as follows:

In this Agreement, words and expressions shall have the same meanings

as are respectively assigned to them in the Conditions of Contract

hereinafter referred to.

The following documents shall be deemed to form and be read and

construed as part of this Agreement, viz:

a) The Contract Agreement.

b) The Letter of Acceptance.

c) The Employer’s Requirements.

e) The Conditions of Contract - Volume -I

f) The Technical Specifications - Volume-II

g) The Bid Drawings;

h) The Price Bid. Volume-III

i) The Contractor’s Proposal

j) Minutes of Pre bid meeting

k) Addenda, Corrigendum etc.

In consideration of the payments to be made by the Employer to the

Contractor as hereinafter mentioned, the Contractor hereby covenants

with the Employer to execute and complete the Works and remedy any

defects therein in conformity in all respects with the provisions of the

The Employer hereby covenants to pay the Contractor in consideration of

the execution and completion of the Work and the remedying of defects

therein the Contract Price or such other sum as may become payable

under the provisions of the Contract at the times and in the manner

prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be

executed the day and year first before written.

The Common Seal

was hereunto affixed in the presence of:

Signed, sealed, and delivered by the said

in the presence of:

Binding Signature of Employer

Binding Signature of Contractor

FORM OF PERFORMANCE SECURITY (BANK GUARANTEE)

WHEREAS_________________________(name and address of

Contractor) (hereinafter called “the Contractor”) has undertaken, in

pursuance of Contract No.________dated______________to execute

___________________(name of Contract and brief description of

Works) (hereinafter called “the Contract”);

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

the Contractor shall furnish you with a Bank Guarantee by a

recognized bank for the sum specified therein as security for

compliance with his obligations in accordance with the Contract;

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

NOW THEREFORE we hereby affirm that we are the Guarantor and

responsible to you as principal obligator, on behalf of the Contractor,

un conditionally and irrevocably guarantee the payment of an amount

words), such sum being payable in the types and proportions- of

currencies in which the Contract Price is payable, and we undertake to

pay you, upon your first written demand and without cavil or

argument, any sum or sums within the limits of

__________________________(amount of Guarantee) as aforesaid

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

demand for the sum specified therein.

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

the Contractor before presenting us with the demand.

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

the terms of the Contract or of the Works to be performed there under

or of any of the Contract documents which may be made between you

and the Contractor shall in any way release us from any liability under

this guarantee, and we hereby waive notice of any such change,

addition or modification.

this guarantee shall be valid until the date of issue of the performance

SIGNATURE AND SEAL OF THE GUARANTOR

FORM OF ADVANCE PAYMENT SECURITY (BANK GUARANTEE)

(DELETED - N.A.)

In accordance with the provisions of the Conditions of Contract, (“Advance

Payment”) of the above-mentioned Contract,________________________

_____________________________[name and address of Contractor]

(hereinafter called “the Contractor”) shall deposit with

(name of the Employer) a bank guarantee to guarantee his proper and

faithful performance under the Clause of the Contract in an amount of

______________________________(amount of Guarantee)

We, the ____________________(bank or financial institution), as instructed

by the Contractor, agree unconditionally and irrevocably to guarantee as

primary obligator and not as Surety merely, the payment to

____________________________(name of Employer) on his first demand

without whatsoever right of objection on our part and without his first claim

to the Contractor, in the amount not

______________________________(amount in words), such amount to be

reduced periodically by the amounts recovered by you from the proceeds of

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

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

the Contract documents which may be made between

____________________________________ (name of Employer) and the

Contractor, shall in any way release us from any liability under this

guarantee, and we hereby waive notice of any change, addition, or

This guarantee shall remain valid and in full effect from the date of the

advance payment under the Contract until

___________________________________(name of Employer) receives full

repayment of the same amount from the Contractor.

SIGNATURE AND SEAL: ________________________

Name of Bank or Financial Institution: ________________________

Signature of Contractor Executive Engineer

Rajkot Municipal Corporation

INSTRUCTIONS TO BIDDER

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

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

construction of the work.

IT 2. INVITATION TO E-TENDER

The Rajkot Municipal Corporation hereinafter referred as the Corporation will receive

e-Tenders for the work of as per the specifications and schedule of prices in the e-

Tender document. The e-Tenders shall be opened online as specified in the e-Tender

notice in the presence of interested Bidders or their representatives. The Corporation

reserves the right to reject the lowest or any other or all e-Tenders or part of it

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

the Bidder shall have no cause of action or claim against the Corporation or its

officers, employees, successors or assignees for rejection of his e-Tender.

IT 3. LANGUAGE OF e-TENDER

E-TENDERs shall be submitted in English, and all information in the e-Tender shall

also be in English, Information in any other language shall be accompanied by its

translation in English. Failure to comply with this may make the e-Tender liable to

IT 4. QUALIFICATIONS OF BIDDERS

A. The Bidders shall abide by the laws of the Union of India and of Gujarat State and legal

jurisdiction of the place where the works are located.

B. The Bidder shall furnish a written statement of financial and technical parameters

with details and documents along with his e-Tender which contains namely as below:

i. The Bidder’s experience in the fields relevant to this contract

ii. The Bidder’s financial capacity/resources and standing over at least 7 (Seven)

iii. The Bidder’s present commitments (Jobs on hand

iv. The Bidder’s capability and qualifications of himself and his regular staff etc

v. Plants and Machinery available with the Bidder for the work e-Tendered

C. Joint venture : (N.A.)

i. For the work mentioned above Joint Venture shall be allowed with maximum

number of partner two, however all the fees, guarantee amount etc will be in

the name of lead partner.

ii. In Joint Venture, the lead partner as well as any other partner should have

experience of similar nature of work, minimum 15 % of the estimated cost.

In case of Joint venture the tender evaluation will be as under:

The finance of each partner will be consider proportionate to their share in the

Joint venture agreement.

The experienced of each partner will be added in the tender evaluation.

Bids submitted by a joint venture of two firms as partners shall comply with the

following requirements.

i. Tender fee, Earnest Money Deposit, Security Deposit and other financial details will

be in the name of the lead partner.

ii. All the partners shall have to enter into the Joint venture agreement and original

agreement duly notarized shall have to be submitted along with tender

iii. The bid, and in case of a successful bid, the Form of Contract Agreement, shall be

signed so as to be legally binding on all partners.

iv. One of the partners shall be authorized to be in charge, and his authorization

shall be evidenced by submitting a power of attorney by legally authorized

signatories of all the partners.

v. The partner in charge shall be authorizes to incur liabilities, receive payments and

receive instructions for and on behalf of any or all partners of the joint venture

and the entire execution of the Contract.

vi. All partners of the joint venture shall be jointly and severally liable for the

execution of the Contract in accordance with the Contract terms and relevant

statement to this effect shall be included in the authorization mentioned under (iv)

above as well as in the Bid Form and the Form of Contract Agreement ( in case of

successful bid ); and

vii. Permissible Joint venture partners shall be restricted to two numbers.

The owner or the Engineer-in-charge is not obliged to disclose his findings or his

The Bidder shall furnish original documents on the date mentioned in tender notice.

The bid for those bidder will be treated as non-responsive who failing to produce

original documents on specified date.

IT 5. e-TENDER DOCUMENTS

The e-Tender documents and drawings shall comprehensively be referred to as e-

TENDER document. The several sections form in the document are the essential

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

though occurring in all, they are to be taken as mutually, explanatory and describe

and provide for complete works.

IT 6. EXAMINATION BY BIDDERS

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

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

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

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

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

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

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

B. The e-Tender is invited on ..%. rate and contractor shall have to quote his price on

have to be completed in all respect as stated in the e-Tender document to the

satisfaction of the Corporation.

C. The following comprises in Contract Documents at a price of Rs.7,500-00.

e-TENDER Document:

1. Notice inviting Bidders.

2. Instructions to the Bidder.

5. General conditions of contract

Technical specifications

a. Bid Form (With Price )

General Specifications

1. General note & site description.

3. Scope of Contract.

4. e-Tender price.

5. Completion Schedule.

6. Site investigation.

7. Contractor’s responsibility.

9. Quality Assurance.

10. Classification of Strata.

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

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

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

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

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

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

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

IT 7. EARNEST MONEY DEPOSIT:

A. Each Bidder must submit a receipt of deposit as Tender guarantee towards Earnest

money amounting to Rs.4,26,680/- in any form mentioned below:

a) By a Demand Draft on the Rajkot Branch of any Nationalized Bank or Scheduled

Bank except co-operative bank.

b) It can be directly deposited in the account of Rajkot Municipal Corporation.

c) A Bank Guarantee from Rajkot Branch of any Nationalized Bank or Scheduled

Bank except co-operative bank. It shall be valid for a period of not less than

Three hundred and Sixty (360) days from the date of submission.

EMD shall comply with the requirements for Bond as stipulated in the General

conditions of contract. The Tender guarantee bond will be held by the owner as a

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

agreement in good faith and furnish the required bonds. Any e-Tender not

accompanied by a Tender guarantee in the form of earnest money deposited for the

sum stipulated in the e-Tender Document will be summarily rejected.

B. The Earnest Money Deposit will be refunded to the unsuccessful Bidders after an

award has been finalized.

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

successful Bidder fails to accept the contract and fails to submit the “Performance

Guarantee Bonds to the Owner as stipulated in this e-Tender document within ten

(10) days after receipt of notice of award of contract.

The successful Bidder shall furnish the required Security Deposit for performance and

plus additional security if any for unbalanced bids in accordance with the condition of

the contract and attend the office of the Engineer In-charge for execution of the

contract documents. If he fails to furnish the Security Deposit for performance or

enter into an agreement to execute the contract for the work offered to him, his

Earnest Money Deposit will be forfeited and the Bidder will be Black Listed / Debarred

from tendering for further works of Rajkot Municipal Corporation for the period of

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

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

E. No interest shall be paid by the owner on any e-Tender guarantee.

IT 8. INCOME TAX CLEARANCE CERTIFICATE: (DELETED)

Latest Income Tax clearance Certificates must accompany with the e-Tender without

which the e-Tender is liable to be summarily rejected. The Income Tax Clearance

Certificate obtained from the Income Tax Officer shall clearly indicate the Income

Tax Pan No/Circle/Ward, District and the reference number of the assessment along

with the assessment year.

IT 9. PREPARATION OF e-TENDER DOCUMENTS

Bidders are required to note the following while preparing the e-TENDER Documents:

A. e-TENDER shall be submitted on the e-TENDER form bound here in English. All

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

in figures were so indicated.

B. All entries or prices and arithmetic shall be checked before submission of the e-

TENDER. If there is discrepancy between the rates quoted in figures and in words,

the rates expressed in words shall be considered as binding.

C. Each e-Tender shall be accompanied by the prescribed e-Tender security bond and

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

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

shall be stated below their signature.

D. Variation to the contract Documents requested by the Bidder may be affixed and

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

Corporation is not obliged to give reason for his decisions.

IT 10. SUBMISSION OF e-TENDER DOCUMENTS

Bidders are requested to submit the e-TENDER Documents on following lines.

A. Volume containing following documents:

I. Earnest Money Deposit

II. Certificates as registered contractor in appropriate class with Government of

Gujarat or appropriate authority

III. Bidder’s financial capability statement including last three years Income tax

returns, balance sheet, duly signed by registered chartered account.

IV. Bidder’s experience in the field relevant to this contract.

V. A list of the equipment the Bidder possesses and that which he proposed to

acquire and use for the purpose related to the work.

The time limit for receipt of e-Tender shall strictly apply in all cases. The Bidders

should therefore ensure that their e-Tender is received by the competent authority

The Rajkot Municipal Corporation at before expiry of the time limit. No delay on

account of any cause for receipt of e-Tender shall be entertained.

The e-Tender must contain the name address of residence and place of business of

the person or persons submitting the e-Tender and must be digitally signed.

e-TENDER by partnership firm must be furnished with the full names and addresses

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

legally authorized representative holding power of attorney followed by signature

and designation of the person of person signing.

e-TENDER by Corporations/Companies must be signed with the legal name of the

Corporation/Companies by the president/or by the secretary or other person or

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

IT 11 TENDER VALIDITY PERIOD

The validity period of the e-Tender submitted for this work shall be of One Hundred

and Twenty (120) calendar days from the date opening of the Technical bid of

eTender and that the Bidder shall not be allowed to withdraw or modify the e-Tender

offer on his own during the validity period. The Bidder will not be allowed to

withdrawn the e-Tender or make any modifications or additions in the terms and

conditions on his own e-Tender. If this is done then the owner shall, without

prejudice to any other right or remedy, be at liberty to reject the e-Tender and

forfeit the earnest money deposit in full.

IT 12 GENERAL PERFORMANCE DATA

Bidder shall present all the information which sought for in the e-Tender document in

form of various schedules if given. e-TENDERs may not be considered if left blank or

the schedules are not properly filled in.

IT 13 SIGNING OF e-TENDER DOCUMENTS

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

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

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

If the e-Tender is made by a firm in partnership, it shall be signed by all the partners

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

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

shall accompany the e-TENDER. A certified copy of the partnership deed, current

addresses of all the partners of the firm shall also accompany the e-Tender.

If the e-Tender is made by a limited company or a limited corporation, it shall be

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

the e-Tender. Such limited company or corporation may be required to furnish

satisfactory evidence of its existence before the contract is awarded.

If the e-TENDER is made by a group of firms, the sponsoring firm shall submit

complete information pertaining to each firms in the group and state along with the

bid as to which of the firms shall have the responsibility for e-Tendering and for

completion of the contract documents and furnish evidence admissible in law in

respect of the authority to such firms on behalf of the group of firms for e- Tendering

and for completion of contract documents. The full information and satisfactory

evidence pertaining to the participation of each member of the group of firms in the

e-Tender shall be furnished along with the e-Tender.

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

occupations and addresses shall be stared below their signatures. All the signatures

in the e-Tender document shall be dated.

IT 14 WITHDRAWAL OF TENDERS

If, during the tender validity period, the Bidder withdraws his Tender, Tender

security (Earnest Money) shall be forfeited and Bidder will be debarred for next three

years to quote in R.M.C.

IT 15 INTERPRETATIONS OF e-TENDER DOCUMENTS

Bidders shall carefully examine the e-TENDER Document and fully inform themselves

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

thereof. If a Bidder finds 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 CITY ENGINEER (SPL), R.M.C. The result of interpretation of the e-

TENDER will be issued as addendum.

IT 16 ERRORS AND DISCREPANCIES IN e-TENDERS

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

words shall prevail and apply in such cases.

IT 17 MODIFICATION OF DOCUMENTS

Modification of specifications and extension of the closing date of the e-Tender, if

required will be made by an addendum. Each addendum will be made available

online to all Bidders. These shall form a part of e-Tender. The Bidder shall not add to

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

comply with any addendum.

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

to all Addenda in the preparation of e-Tender. Bidders shall verify the number of

Addenda issued, if any and acknowledge the receipt of all Addenda in the e-TENDER

Failure to so acknowledge may cause the e-Tender to be rejected.

A. RMC may issue Addenda to advise Bidders of changed requirements. Such

addenda may modify previously issued Addenda.

B. No addendum may be issued after the time stated in the notice inviting e-Tenders.

IT 18 TAX AND DUTIES ON MATERIALS

All charge on account of excise duties, Central / State, sales tax, work contract tax

and other duties etc. on materials obtained for the works from any source shall be

borne by the contractors. No (P) or ‘C’ or ‘D’ form shall be supplied.

IT 19 EVALUATION OF e-TENDERS

While comparing e-Tenders, the Rajkot Municipal Corporation shall consider factors

like price offer is workable with the market price, efficiency and reliability of

construction method proposed, compliance with the specifications, relative quality,

work done in past with Rajkot Municipal Corporation or other Government

Organizations, litigation issues etc. Evaluation criteria specifically mentioned in the

specification will also be taken into consideration in the evaluation of e- Tenders.

IT 20 TIME REQUIRED FOR COMPLETION

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

notice to proceed. Total completion period is 12 months from the date of issue of

notice to proceed and contractor should adhere to this completion time. Monsoon

period from 1st July to 30th September will be considered as non-working period and

hence excluded in time limit.

IT 21 POLICY FOR TENDER UNDER CONSIDERATION

TENDER shall be termed to be under consideration from the opening of the e-Tender

until such time any official announcement or award is made.

While e-Tenders are under consideration, Bidders and their representative or other

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

Corporation personnel or representatives on matters related to the e-Tenders under

study. The Corporation’s representatives if necessary will obtain clarification on e-

Tenders by requesting such information from any or all the Bidders, either in writing

or through personal contact, as may be necessary. The Bidder will not be permitted

to change the substance of his e-Tender after e-Tenders have been opened. This

includes any post Tender price revision. Non-compliance with his provision shall

make the Tender liable for rejection.

IT 22 PRICES AND PAYMENTS

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

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

equipment, supervision, other services, royalties, taxes etc. and to include all extra

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

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

IT 23 PAYMENT TERMS

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

Technical specifications. The Corporation shall not under any circumstances relax

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

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

Award of the contract or the rejection or e-TENDERs will be made during the Tender

requested to quote their price offer in % below or above on the given price in

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

the successful Bidder shall execute the Contract Agreement within the time

stated and shall furnish the Bond as required herein. The contract Agreement

shall be executed, in form stipulated by the Owner.

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

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

Bond as required herein. The Owner may annul his award and declare the e-

Tender security forfeited and will take action as deemed fit.

C. A Corporation, partnership firm or other consortium acting as the Bidder and

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

officer signing the contract agreement and Bonds for the corporation, partnership

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

IT 25 SIGNING OF CONTRACT

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

days of receipt of intimation to execute the contract, failing which the Corporation

will be entitled annul to the award and forfeit the Earnest Money Deposit. The person

to sign the contract document shall be person as detailed in Article IT.13 (signing of

e-Tender documents).

IT 26 DISQUALIFICATION

A e-Tender shall be disqualified and will not be taken for consideration if,

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

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

tender document)

(b) The Tender fee and Tender Earnest Money Deposit is not deposited in full and in

the manner as specified as per Article IT.7 i.e. Earnest Money Deposit.

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

Translation in case of other language adopted for e-Tender preparation.

(d) The e-Tender documents are not signed by an authorized person (as per Article

IT. 13 i.e. signing of e-Tender documents).

(e) The general performance data for qualification is not submitted fully (as per

Article IT 12 i.e. General performance Data).

(f) Bidder does not agree to payment terms defined as per Article IT. 23 i.e.

A. A e-Tender may further be disqualified if,

(a) Price variation is proposed by the Bidder on any principle other than those

provided in the e-TENDER Documents

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

defined and specified in e-Tender document

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

Tender validity period

(d) Any of the page or pages of e-Tender is/are removed or replaced

(e) Any conditional tender.

(f) All corrections or posted slips are not initiated by Bidder.

(g) Any erasure is made in the e-tender.

IT 27 PERFORMANCE GUARANTEE (SECURITY DEPOSIT)

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

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

price to guarantee the faithful performance, completion and maintenance of the

works of the contract in accordance with all conditions and terms specified herein

and to the satisfaction of the Engineer-in-charge and ensuring the discharge of all

obligations arising from the execution of contract.

Additional performance guarantee is payable if,

1. the contract price offered by the selected bidder is lower than 10% but upto 20%

of the estimated project cost than the additional performance security shall be

calculated @ 20% of the difference in the estimated project cost minus 10%of

the estimated project cost and Contract price offered by the selected bidder.

2. the contract price offered by the selected bidder is lower than 20% of the

Estimated project cost than the additional performance security shall be

calculated @ 30% of the difference in the Estimated project cost minus 10%of

the Estimated project cost and Contract price offered by the selected bidder.

This additional performance security shall be treated as part of the performance

Performance security shall be valid beyond 60 days of the defect liability period and

the additional performance security shall be valid beyond 28 days of project

completion date.

Final SD will be calculated at the time of final bill i.e. actual completion amount.

Performance as mentioned above may be in the forms mentioned below:

a) By a Demand Draft on the Rajkot Branch of any Nationalized Bank or Scheduled

Bank except co-operative bank.

b) A fixed deposit receipt of any Schedule Bank or Nationalized Bank (except Co-

operative Bank) duly endorsed in favour of the Rajkot Municipal Corporation,

c) A Bank Guarantee from Rajkot Branch of any Nationalized Bank or Scheduled

Bank except co-operative bank.

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

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

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

Alternatively, the contractor may at his option deposit an amount of 2.5% of the

value of the contract price within ten days and the balance 2.5% to be recovered in

installments through deduction @ the rate of 10% from the running account bills. It

is further clarified that Performance Guarantee (SD) for extra work will also be recovered

@ 10% from the bill of extra work i.e. works beyond tender amount.

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

PERFORMANCE GUARANTEE (SECURITY DEPOSIT) WILL BE

RELEASED TO THE CONTRACTOR WITHOUT ANY INTEREST

AFTER DEFECT LIABILITY PERIOD IS OVER.

IT 28 STAMP DUTY

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

paper of amount as per Stamp Duty Act in the form of the agreement approved by

the Corporation. The cost of stamp paper and adhesive stamp shall be borne by the

IT 29 BRAND NAMES

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

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

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

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

standard mentioned and meets Corporation approval.

IT 30 NON TRANSFERABLE

e-TENDER documents are not transferable.

IT 31 COST OF e-Tendering

The owner will not defray expense incurred by Bidders in e-Tendering.

IT 32 EFFECT OF e-Tender

The e-Tender for the work shall remain for a period of One hundred and Twenty

(120) calendar days from the date of opening of the e-Tenders for this work and that

the Bidder shall not be allowed to withdraw or modify the offer in his own during the

period. If any Bidder withdraws or makes any modification or additions in the terms

and conditions of his own e-Tender, then the Corporation shall, without prejudice to

any other right or remedy, be at liberty to reject the e-Tender and forfeit the earnest

IT 33 CHANGE IN QUANTITY

The Corporation reserves the right to waive any information in any e-Tender and to

reject one or all e-Tenders without assigning any reasons for such rejection and also

to vary the quantities of items or group as specified in the scheduled of prices as

may be necessary.

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 works.

IT 35 RIGHTS RESERVED

The owner reserves the right to reject any or all e-Tenders, to waive any informality

or irregularity in any e-Tender without assigning any reason. The owner further

reserves the right to withhold issuance of the notice to proceed, even after execution

of the contract agreement. No payment will be made to the successful Bidder on

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

IT 36 ADDITIONAL RIGHTS RESERVED

The Commissioner, Rajkot Municipal Corporation, reserves the right to reduce the

scope of work & split the e-Tender in two or more parts without assigning any reason

even after the awards of contract.

IT 37 MOBILIZATION ADVANCE

No mobilization advance or advance on machinery will be given.

IT 38 CONDITIONAL e-Tenders

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

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

condition will be accepted. The conditional e-Tender will liable to be rejected.

IT 39 CESS & REGISTRATION:

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

to take the registration with competent authority as per Circular

No.CWA/2004/841/M-3 dated 30-01-2006 of Government of Gujarat. Rajkot

Municipal Corporation will deduct prevailing CESS of the value of work and will

deposit the same in Government.

IT 40 ESI REGISTRATION:

The contractors who are liable to be registered under ESI Act must possess ESI

registration number at the time of filling of tender. The agency should follow all the

rules and regulations of ESI Act as per prevailing norms.

IT 41 PROFESSIONAL TAX

The bidder shall have to pay the Professional Tax for current financial year imposed

by Government of Gujarat, and also the bidder shall have to produce Enrollment

Certificate for the same.

The contractors who are liable to be registered under EPF Act, 1950 must possess

EFP code at the time of filling of tender. The agency should follow all the rules and

regulations of the Act as prevailing currently.

IT 43 LABOUR LICENSE:

The contractors who are liable to be registered under Contract Labour Act,

must possess online Labour License at the time of filling of tender. The agency

should follow all the rules and regulations of the Act as prevailing currently.

IT 44 FILLING OF e-TENDER

The bidder shall have to fill all the details required in on-line bidding form of e-

Tender. Incomplete OR inappropriate OR wrong information filled may cause the e-

Tender to be rejected.

Add. Asst. Engineer Dy. Executive Engineer CITY ENGINEER (SPL)

Rajkot Muni. Corporation Rajkot Muni. Corporation Rajkot Muni. Corporation

Signature of Contractor

Financial & Other Statements

Information / Details to be submitted by the Bidders in the Performa mentioned

under Statement no 1 to 9. All the documents submitted herewith as supporting

documents shall be duly attested and certified true copy.

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

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

debarred or suspended or backed out or delisted in any States, CPWD/ MES/ Railways

or any Government, Semi- Government or Private body since the inception of the firm

/ company. Also, no Police complaint is lodged against the firm / company or Staff

deployed by me / us.

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

State, CPWD / MES / Railways.

I, owner / We, the partners of this firm, hereby give an undertaking that

we are jointly and severally responsible to meet all the liabilities ever and above

the business of this firm and make good the above financial loss sustained by the

Rajkot Municipal Corporation as a result of our abandoning the works entrusted to

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

or misleading, our tender/ contract stands to be cancelled/ terminated.

Place: Signature of Authorized Person

APPLICABILITY OF PROVIDENT FUND AND MISCELLANEOUS

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

comply the necessary formalities under the employees provident fund and Miscellaneous

Provisions Act, 1952 as Contributory Provident Fund Scheme is applicable to labourers

engaged in construction activity and shall have to submit proofs regarding deduction of

provident fund and other dues and depositing the same with government department

under the act and the scheme regularly on monthly basis failing which no running / final bill

payment will be made by the RMC to the contractor in any circumstances.

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

Depositing Provident Fund contribution

This to certify that we have deducted the employees’ P.F. and deposited the

same along with employer’s contribution towards provident fund on labour charges

/ wages paid by us to the labourers engaged for the work of

Fund Authority under our Provident Fund Code No.

We produce herewith the copies of the challans for the provident fund

deduction and contribution deposited as mentioned above.

Date: Seal and Signature of the

STATEMENT NO. –3

CURRICULAM VITAE

Sr.No. Details of person

3. Qualifications

4. Experience in Project Related field

5. Other experiences

6. Employment Record.

Organization under Status /position in

which work the organization

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

(2) The contractor’s Project Team should consist of persons

in the following disciplines.

a) Senior Engineer with experience of Building work

b) Senior material Engineer.

c) Senior Quantity Surveyor.

d) Project management expert.

e) Site in charge

INFORMATION REGARDING FINANCIAL CAPACITY

OF THE CONTRACTORS

Sr. Details Amount Remarks

1. Solvency A Banker’s Certificate of

current financial year

may please be attached.

2. Annual Turnover for the last Certified true copy to

five years. be attached

3. Price of biggest similar job Certified true copy to

carried out be attached

STATEMENT NO. – 4/A

BIDDER’S FINANCIAL CAPACITY

Turnover in Net Cash

Sr. No. Financial Year worth Capital

Engineering Rs.

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

attested true copy

2) Copies of the balance sheet to be attached..

3) The bidder shall have to provide that for a period of at least

months the bidder has ability to sustain negative cash balance

and how he proposes to meet with the same.

4) Cash Plan / Cash flow Statement.

STATEMENT NO. – 4 / B

AVAILABLE BID CAPACITY

The available bid capacity will be worked out as follows.

Available bid capacity = (A x N x 2) – B,

A = Maximum of updated total amount of work executed in any one

A = Maximum of updated total amount of work executed in any one

year of the last five financial years.

B = The amount of the existing commitments and ongoing works to be

discharge during time interval of N years from the bid due date.

N = Number of years prescribed for completion of the proposed works

STATEMENT NO. –

LIST OF SINGLE PROJECT WORK OF NOT LESS THAN 70% OF THE

ESTIMATED COST COMPLETED DURING THE LAST FIVE YEARS.

Sr. Name of Tot Tot Date Date of

No Year of Name of owner & al al of Actual

. Constru Project contact cost valu starti completi

ct- ion person of e of ng on of

work of the the wor work work

Note: Certificate from the owners in support of above works may be

enclosed with this statement.

STATEMENT NO. 5/ A

Detailed information of similar type of work costing not less than tender amount completed with good

quality and workmanship in the past seven years.

Name of Contractor:

Sr. Nam Nam Estimate Tender Date Target Actual Reas Amount of work done Amount o f Remarks

No e of e of dc o s t ed of date of date of on during last five years w o r k done

. wor clien o f w ork amount award completi completi for preceding this tender after March

k t (R s. Rs. of on on delay (Rs. Lakhs).

Lakhs) (Lakhs) contra (Rs.

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

STATEMENT NO – 5/B

DETAILS OF IMPORTANT CONSTRUCTION PROJECTS

Sr. Name of Estimat Prescribed Actual Completion Actual Name,

No Project ed time of Completion address

. cost performance Cost Rs. and

Start Completion Start Completion

Date Date Date Date

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

STATEMENT NO. – 5/C

DETAILS OF ONGOING PROJECT

Sr. Name of project Value of Start Likely Name, address,

No remaining date date of telephone, fax no. of

work Rs. in completi project authority and

lakhs. on contact person.

STATEMENT NO.-6

DETAILS OF PLANT & MACHINERY TO BE DEPLOYED ON THIS

Name of the contractor/company

Sr. Name of available Present value of

No plants/machinery (with make location plant/

& year) machineries

Plant / machineries which are proposed to be procured shall have to

be procured at the earliest after award of the work and before the

start of the work.

METHOD STATEMENT AND WORK PLAN

The Bidder shall have to provide a brief write up to be enclosed with

the “Technical Bids” covering his approach and methodology to handle

the project construction activities including his details work plan. The

brief shall include the following aspects.

2. Construction equipment availability

and plan of deployment.

3. PERT / Construction chart / Bar chart.

Application Form(1)

General Information

All individual firms and each partner of a consortium applying for

qualification are requested to complete the information in this form.

Nationality information to be provided for all owners or applicants who are

partnerships or individually-owned firms.

Where the Applicant proposes to use named subcontractors for critical

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

the value of the whole works the following information should also be

supplied for the specialist subcontractor(s).

1. Name of Firm

2. Head office address

3. Telephone Contact

5. Place of incorporation/registration Year of incorporation/

Nationality of owners

Name Nationality

Name of Bidders officers / Persons to be contacted

Name. Address Phone Nos. Fax.

Application Form (1A)

Structure and Organization

1. The applicant is,

- an individual

- a proprietary firm

- a firm in partnership

- a Limited Company or Corporation

- a group of firms/consortium (if

Yes, give completion information in

respect of each partner)

2. Attach the Organization Chart showing

the structure of the organization

including the names of the Directors

and position of officers

3. Number of years of experience :

a) as a Prime Contractor (contractor

shouldering major responsibility)

- in own country

- other countries (specify country)

b) in a consortium

- in own country

- other countries (Specify country)

c) as a sub-contractor (specify main

- in own country

- other countries (Specify country)

4. Name and address of any associates

the applicant has in India (in case the

applicant happens to be from foreign

country) who are knowledgeable in

the procedures of customs,

immigration, taxes and other

information necessary to do the work.

5. For how many years has your

organization been in business of

similar work under its present name?

What were your fields when your

organization was established?

Whether any new fields were added in

your organization? And if so, when?

6. Were you ever required to suspend

construction for a period of more than

six months continuously after you

started? If so, give the name of

project and give reasons thereof.

7. Have you ever left the work awarded

to you incomplete? If so, give name

of project and reasons for not

completing work.

8. In which fields of civil engineering

construction do you claim

specialization and interest?

9. Give details of your experience in

mechanized cement concrete lining

and in modern concrete technology

for manufacture and quality control.

10. Give details of your experience in

using heavy earth moving equipment

and quality control in compaction of

11.Give details of your experience in

Underground Drainage work in rocky

12.Give details of civil work for drainage

pumping station

13.Give details for construction of

sewerage treatment plant

14.Give details for pumping machinery in

drainage pumping station

GENERAL CONDITIONS

:: TABLE OF CONTESTS ::

No. Description

GC-1 Definitions and Interpretations

GC-2 Location of site and accessibility

GC-3 Scope of work

GC-4 Ruling language

GC-5 Interpretation of Contract Document

GC-6 Contractor to understand himself fully

GC-7 Errors in submissions

GC-8 Sufficiency of E-TENDER

GC-9 Discrepancies

GC-10 Performance Guarantee (Security Deposit)

GC-11 Inspection of work

GC-12 Defect Liability

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

GC-14 Programme

GC-15 Sub-letting of work

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

GC-17 Time for completion

GC-18 Extension of time

GC-19 Contract Agreement

GC-20 Liquidated damages

GC-21 Forfeiture of Security Deposit

GC-22 Action of Forfeiture of Security Deposit

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

GC-24 In the event of death of contractor

GC-25 Members of the owner not individually liable

GC-26 Owner not bound by personal representations

GC-27 Contractor's office at site

GC-28 Contractor's subordinate staff and their conduct

GC-29 Termination of sub-contract by owner

GC-30 Power of entry

GC-31 Contractor's responsibility with the other Contractor and

GC-32 Other Agencies at site

GC-34 Rights of various interests

GC-35 Price adjustments

GC-36 Terms of Payment

GC-37 Retention Money

GC-38 Payments due from the Contractor

GC-39 Contingent Fee

GC-40 Breach of Contract by Contractor

GC-41 Default of Contractor

GC-42 Bankruptcy

GC-43 Ownership

GC-44 Declaration against waiver

GC-45 Laws governing the contract

GC-46 Over payment and under payment

GC-47 Settlement of disputes

GC-48 Disputes of differences to be referred to

GC-49 Arbitration

GC-50 Termination of the Contract

GC-51 Special risks

GC-52 Change in Constitution

GC-53 Sub-contractual relations

GC-54 Patents and Royalties

GC-56 Execution of work

GC-57 Work in monsoon

GC-58 Work on Sundays and Holidays

GC-59 General Conditions for construction work

GC-60 Drawings to be supplied by the Owner

GC-61 Drawings to be supplied by the Contractor

GC-62 Setting outwork

GC-63 Responsibilities of Contractor for correctness of work

GC-64 Materials to be supplied by the Owner

GC-65 Conditions of issue of materials by the Owner

GC-66 Materials procured with assistance of the Owner

GC-67 Materials obtained from dismantling

GC-68 Article of value of treasure found during construction

GC-69 Discrepancies between instructions

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

GC-71 Action when no specifications are issued

GC-72 Abnormal rates

GC-73 Assistance to Engineer-In-Charge

GC-74 Tests for quality of work

GC-75 Action and compensation in case of bad workmanship

GC-76 Suspension work

GC-77 Owner may do part of the work

GC-78 Possession prior to completion

GC-79 Completion Certificate

GC-80 Schedule of Rates

GC-81 Procedure for measurement of work in progress

GC-82 Running account payments to be regarded as advances

GC-83 Notice for claim for additional payment

GC-84 Payment of Contractor's Bill

GC-85 Final Bill

GC-86 Receipt for payment

GC-87 Completion Certificate

GC-88 Taxes, Duties, etc.

GC-89 Insurance

GC-90 Damage to Property

GC-91 Contractor to Indemnify Owner

GC-92 Implementation of Apprentice Act

GC-93 Health and Sanitary arrangements for workers

GC-94 Safety Code

GC-95 Accidents

GC-01 DEFINITIONS AND INTERPRETATIONS :

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

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

the following means as signed to them.

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

shall include its Municipal Commissioner or other Officers authorized by

the Corporation and also include owner's successors and assignees.

1.2 The "Contractor" shall mean the person or the persons, firm or Company

whose e-Tender has been accepted by the Owner and includes the

Contractors legal representative, his successors and permitted assigned.

1.4 The "Engineer-In-Charge" shall mean the person designated as such by

the owner from time to time and shall include those who are expressly

authorized by the Corporation to act for and on its behalf for all functions

pertaining to the operation of this contract.

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

Assistant to the Engineer-In-Charge appointed from time to time by the

owner to perform duties set forth in the E-TENDER Document whose

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

1.6 "E-TENDER" – the offer or proposal of the Bidder submitted in the

prescribed form setting for the prices for the work to be performed, and

the details thereof.

1.7 "Contract Price" shall mean total money payable to the Contractor under

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

submission of e-Tender which modify or interpret the contract documents.

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

1.10 "Contract" shall mean agreement between the parties for the execution of

works including therein all contract documents.

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

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

documents constituting the e-Tender and acceptance thereof.

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

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

Contractor with the written consent of the Engineer-In-Charge and the

legal representative successors and permitted assignee of such person,

firm or company.

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

Specifications, provisions and requirements attached to the contract which

pertains to the method and manner of performing the work, to the

quantities and qualities of the work and the materials to be furnished

under the contract for the work and any order(s) or instruction(s) there

under. It shall also mean the latest Indian Standard Institute Specification

relative to the particular work or part thereof, so far as they are not

contrary to the E-TENDER specifications and in absence of any other

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

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

1.14 The "Drawings" shall include maps, plans, tracings, or prints thereof with

any modification approved in writing by the Engineer-In-Charge and as

such other drawings as may, from time to time, be furnished or approved

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

1.15 The "Work" shall mean the works to be executed in accordance with the

contract or the part thereof as the case may be and shall include extra,

additional, altered or substituted works as required for the purpose of the

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

implication envisaged in the contract and shall include all materials,

equipment and labour required for or relative or incidental to or in

connection with the commencement, performance and completion of any

work and / or incorporation in the work.

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

form part of the work to be handed over to the owner by the Contractor on

completion of the contract.

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

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

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

which the permanent works are to be carried out and any other lands or

places provided by the Corporation for the purpose of the contract

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

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

whatever nature required in or for execution, completion or maintenance

of works or temporary works (as herein before defined) but does not

include materials or other things intended to form or forming part of the

permanent work.

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

typed or in printed form delivered personally OR sent by Registered Post

to the last known private or business address or Registered Office of the

Contractor OR through e-mail OR mobile message shall be deemed to

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

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

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

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

owner within the provisions of the contract.

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

Engineer-In-Charge when the work has been completed and tested to his

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

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

work is finally accepted by the owner.

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

of Completion Certificate and the issue of final certificate during which the

Contractor is responsible for rectifying all defects that may appear in the

1.26 "Approved" shall mean approved in writing including subsequent

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

approved in writing including as aforesaid.

1.27 "Letter of Acceptance" shall mean an intimation by a letter to Bidder that

his e-Tender has been accepted in accordance with the provisions

contained therein.

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

instruction given by the Engineer-In-Charge within the scope of his powers

in terms of the contract.

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

money to the Contractor during the progress of work on the basis of work

done and the supply of non-perishable materials to be incorporated in the

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

security for the due performance of the contractual obligations.

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

Municipal Commissioner, Rajkot Municipal Corporation.

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

due completion of the "LET WORS".

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

feminine and neuter genders and vice-versa and the singular shall include

the plural and vice-versa.

GC-02 LOCATION OF SITE AND ACCESSIBILITY :

The site of tendered work is city roads in Rajkot. The intending bidders

should inspect the site & make thyself familiar with site conditions and

available communication facilities. An existing pipeline network shall be

kept as it is up to final jobs done.

Non-availability of access roads shall in no case be the cause to condone

delay in the execution of the work and no claim or extra compensation will

GC-03 SCOPE OF WORK :

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

and specifications. The Contractor shall provide all necessary materials,

equipment and labour etc. for the execution and maintenance of the work.

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

Charge prior to procurement and use.

The Contractor shall make his own arrangement for power supply during

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

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

field office, godown, etc. The Contractor shall have to make his own

arrangement for the same.

GC-04 RULING LANGUAGE :

The language according to which the contract shall be construed and

interpreted shall be English. All entries in the contract document and all

correspondence between the contractor and the Corporation or the

Engineer-In-Charge shall be in English/Gujarati. All dimensions for the

materials shall be given in metric units only.

GC-05 INTERPRETATION OF CONTRACT DOCUMENT :

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

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

unless specifically provided otherwise, should have there be any

discrepancy, inconsistency, error or omission in the several documents

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

Charge for his instructions and decision. The Engineer-In-Charge's

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

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

described in the specifications without showing on the drawings shall be

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

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

Conditions of Contract or to the specifications or to any other part of e-

Tender documents are solely for the purpose of giving a concise indication

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

be part thereof or be used in the interpretation or construction of the

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

singular shall include the plural and vice-versa wherever the context so

requires. Works imparting persons shall include relevant Corporations /

Body of individual / firm of partnership.

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

and volumes every part of each shall be supplementary to and

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

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

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

at variance with any provisions of the Special Conditions of Contract, then,

unless a different intention appears, the provisions of the special

conditions of contract shall be deemed to over ride the provisions of

General Conditions of Contract to the extent of each repugnancy of

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

codes referred to. If additional requirements are shown in the

specifications, the same shall be satisfied over and above IS and other

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

or provide certain facilities, it shall mean that the Contractor shall do so at

9. Contractor to Collect His Own Information -

The details given in the e-Tender are arranged making necessary

investigations for framing an estimate. However, when the work is being

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

formation of soil, strata in Rajkot District. It is, therefore, desirable that

the Contractor makes his own investigations or additional investigations as

may be required for correctly assessing the cost of different items of work

and submit his e-Tender accordingly. Any change in description or

quantity of an item shall not vitiate the contract or release the Contractor

from executing the work comprised in the contract according to the

drawings and specifications at the e-Tendered rates.

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

and the requirements of materials and labour involved and as to whatever

work he has to complete in accordance with the contract. The Contractor

is expected to visit the site and surroundings to satisfy himself as to the

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

conditions of railways, roads, bridges and culverts, means of transport and

communications whether by land, air or water and as to possible

interruptions thereto and the access and gross from the site, to have

examined and satisfied himself as to the sites for obtaining sand, stones,

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

available accommodation and make such enquiries as may be necessary

for executing and completing the work, to have local enquiries as to the

sub-soil, subsoil water and variation thereof, storms, prevailing winds,

climatic conditions and all other similar matters, effecting work. He is

expected to be familiar with his liability for payment of Government taxes,

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

execution of this contract.

GC-06 CONTRACTOR TO UNDERSTAND HIMSELF FULLY :

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

as to all considerations and circumstances affecting the e-Tender price, as

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

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

matters and to have understood that no additional allowances except as

otherwise expressly provided, will afterwards be made beyond the contract

price. The Contractor shall be responsible for any misunderstanding or

incorrect information, however, obtained.

GC-07 ERRORS IN SUBMISSIONS :

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

particulars supplied by him, whether such particulars have been approved

by the Engineer-In-Charge or not.

GC-08 SUFFICIENCY OF e-TENDER :

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

Tendering as to the correctness of the e-Tender rates which rates shall,

except as otherwise provides for, cover all the Contractor's liabilities and

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

the work for compliance with requirements of Article GC-19 thereof.

GC-09 DISCREPANCIES :

The drawings and specifications are to be considered as mutually

explanatory of each other, detailed drawings being followed in preference

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

special conditions in preference to General Conditions. The special

directions or dimensions given in the specifications shall supercede all

else. Should any discrepancies however, appear or should any

misunderstanding arise as to the meaning and intent of the said

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

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

measurement or quality and valuation of the work executed under this

contract or as extra there upon, the same shall be explained by the

Engineer-In-Charge and his explanation shall be subject to the final

decision of the Municipal Corporation in case reference be made to it, be

binding upon the Contractor and the Contractor shall execute the work

according to such explanation and without addition or to deduction from

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

the proper completion of the works as implied by the drawings and

specifications, even though such works and things are not specially shown

and described in the said specifications. In cases where no particular

specifications are given for any article to be used under the contract, the

relevant specifications of the Indian Standard Institution shall apply.

GC-10 PERFORMANCE GUARANTEE (SECURITY DEPOSIT) :

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

a performance guarantee (Security deposit) for the amount of 5% of the

contract price to guarantee the faithful performance, completion and

maintenance of the works of the contract in accordance with all conditions

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

charge and ensuring the discharge of all obligations arising from the

execution of contract.

Additional performance guarantee is payable if,

1. the contract price offered by the selected bidder is lower than 10% but

upto 20% of the estimated project cost than the additional

performance security shall be calculated @ 20% of the difference in

the estimated project cost minus 10%of the estimated project cost and

Contract price offered by the selected bidder.

2. the contract price offered by the selected bidder is lower than 20% of

the Estimated project cost than the additional performance security

shall be calculated @ 30% of the difference in the Estimated project

cost minus 10%of the Estimated project cost and Contract price

offered by the selected bidder.

This additional performance security shall be treated as part of the

performance security.

Performance security shall be valid beyond 60 days of the defect liability

period and the additional performance security shall be valid beyond

days of project completion date.

Final SD will be calculated at the time of final bill i.e. actual completion

Performance as mentioned above may be in the forms mentioned below:

a. By a Demand Draft on the Rajkot Branch of any Nationalized Bank or

Scheduled Bank except co-operative bank.

b. A fixed deposit receipt of any Schedule Bank or Nationalized Bank

(except Co-operative Bank) duly endorsed in favour of the Rajkot

Municipal Corporation, Rajkot.

c. A Bank Guarantee from Rajkot Branch of any Nationalized Bank or

Scheduled Bank except co-operative bank.

The performance guarantee shall be delivered to the Corporation within

ten (10) days of the notice of award and at least three (3) days before the

contract agreement is signed unless otherwise specified by the Engineer-

in-charge. Alternatively, the contractor may at his option deposit an

amount of 2.5% of the value of the contract price within ten days and the

balance 2.5% to be recovered in installments through deduction @ the

rate of 10% from the running account bills. It is further clarified that

Performance Guarantee (SD) for extra work will also be recovered @ 10%

from the bill of extra work i.e. works beyond tender amount.

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

PERFORMANCE GUARANTEE (SECURITY DEPOSIT) WILL BE

RELEASED TO THE CONTRACTOR WITHOUT ANY INTEREST AFTER

DEFECT LIABILITY PERIOD IS OVER.

GC-11 INSPECTION OF WORK :

1. The Engineer-In-Charge shall have full power and authority to inspect the

work at any time wherever in progress either on the site or at the

Contractor's or any other manufacturer's workshop or factories wherever

situated and the Contractor shall afford to Engineer-In-Charge every

facility and assistance to carry out such inspection, Contractor or his

authorized representative shall, at all time during the usual working hours

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

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

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

Contractor shall give not less than ten (10) days notice in writing to the

Engineer-In-Charge before covering up or otherwise placing beyond reach

of inspection and measurement any work in order that the same may be

inspected and measured. In the event of breach of the above, the same

shall be uncovered at Contractor's expenses for carrying out such

inspection or measurement.

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

before obtaining approval in writing of the Engineer-In-Charge. Contractor

shall provide at all times during the progress of work and maintenance

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

necessary arrangement as directed for inspection or measurement of work

by Engineer-In-Charge.

GC-12 DEFECT LIABILITY :

1. Contractor shall guarantee the work for a period of 24 months. Any

damage or defect that may arise or that may remain undiscovered at the

time of issue of Completion Certificate connected in any way with the

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

rectified or replaced by Contractor at his own expense as desired by

Engineer-In-Charge or in default Engineer-In-Charge may cause the same

to be made good by other agency and deduct expenses of which the

certificate of Engineer-In-Charge shall be final from any sums that may

then or any time thereafter become due to Contractor or from his security

deposit or the proceeds of sale thereof or of a sufficient portion thereof.

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

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

case any damages, occur from any cause whatsoever he shall at his own

cost, repair and make good the same so that on completion, work shall be

in good order and in conformity, in every respect, with the requirements of

contract and as per the instructions of the Engineer-In-Charge.

3. If at any time before the work is taken over, the Engineer-In-Charge -

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

defective or not in accordance with the contract or that work or any

portion thereof is defective or do not fulfill the requirements of contract

(all such materials being herein after called defects in this clause) he shall,

as soon as reasonably practicably, give notice to Contractor in writing of

the said defect specifying particulars of the same then Contractor shall at

his own expense and with all speed make good the defects so specified.

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

Contractor, such stops as may in all circumstances be responsible to make

good such defects. The expenditure so incurred by owner will be

recovered from the amount due to Contractor. The decision of Engineer-

In-Charge with regard to the amount to be recovered from Contractor will

be final and binding on the Contractor.

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

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

time and at all times to give further instructions and directions as may

appear to him necessary or proper for the guidance of the Contractor and

the works and efficient execution of the works according to the terms of

the specifications, and the Contractor shall receive, execute, obey and be

bound by the same, according to the true intent and meaning thereof, as

fully and effectively as though the same had accompanied or had been

mentioned or referred to in the specifications. No work which radically

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

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

in the opinion of the Contractor changes the original nature of the

contract, he shall nevertheless carry it out and any disagreement as to the

nature of the work and the rate to be paid to thereof shall be resolved.

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

ordered resulting in additional cost or reduction in cost over the contract

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

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

GC-14 PROGRAMME :

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

contract. The contract period shall commence from the date of notice of

intimation to proceed. The Bidder at the time of submitting his e-Tender

shall indicate in the construction schedule his programme of execution of

work commencement with the total time specified. The Contractor shall

provide the Engineer-In-Charge a detailed programme of time schedule for

execution of the works in accordance with the specifications and the

completion date. The entire programme to be finalized by the Contractor,

has to conform to the execution period mentioned along with the Bill of

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

scrutiny of such submitted programme by Contractor, shall examine

suitability of it to the requirement of contract and suggest modifications, if

found necessary.

GC-15 SUB-LETTING OF WORK :

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

manner or degree be transferred, assigned or sublet by the Contractor

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

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

writing of the owner.

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

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

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

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

before being entered into and is approved by him. List of sub-contractors

to be supplied.

Not-withstanding any subletting with such approval as aforesaid and

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

contractors, the Contractor shall be and shall remain solely responsible for

the quality and proper and expeditious execution of the works and the

performance of all the conditions of contract in all respects as if such

subletting or subcontracting had not taken place and as if such works had

been done directly by the Contractor.

GC-17 TIME FOR COMPLETION :

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

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

be completed before the date as mentioned in the time schedule of work.

The time is the essence of the contract and unless the same is extended

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

pay liquidated damages for the delay.

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

document. Contractor shall prepare a detailed weekly or monthly

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

after the agreement and the work shall be strictly executed accordingly.

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

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

the entire satisfaction of the Engineer-In-Charge except the items which

are not coming in the way to commission the project.

3. Monsoon period from 1st July to 30th September shall be considered as

non-working period hence excluded in time limit.

GC-18 EXTENSION OF TIME :

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

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

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

supplying the materials or equipment, it has undertaken to supply under

the contract or from delays on the quantity of work to be done under the

contract, or force majeure an appropriate extension of time will be given

by the Corporation. The Contractor shall request for such extension within

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

contract period.

GC-19 CONTRACT AGREEMENT :

The successful Bidder shall enter into and execute the contract agreement

within 10 (ten) days of the notice of award, in the form shown in e-Tender

documents with such modifications as may be necessary in the opinion of

the Corporation. It shall be incumbent on the Contractor to pay the stamp

duty and the legal charges for the preparation of the contract agreement.

GC-20 LIQUIDATED DAMAGES :

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

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

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

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

as decided by Municipal Commissioner.

The Contractor shall complete one-sixth quantum of work within one

fourth period, four-tenth quantum of work within one-half period and

eight-tenth quantum of work within three-fourth period, failing which, the

Contractor shall be liable to pay liquidated damages an amount as

specified above, or as decided by Municipal Commissioner.

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

maximum of 10 percent of the contract value.

GC-21 FORFEITURE OF SECUEITY DEPOSIT :

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

money out of or under the contract arises, the Corporation shall be

entitled to recover such sum by appropriating in part or whole, the

security deposit of the Contractor. In case the security deposit is

insufficient, the balance recoverable shall be deducted from any sum then

due or which at any time thereafter may become due to the Contractor.

The Contractor shall pay to the owner on demand any balance remaining

GC-22 ACTION OF FORFEITURE OF SECURITY DEPOSIT :

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

Contractor shall committed a breach of any of the terms contained in this

contract, the owner shall have power to adopt any of the following courses

as he may deem best suited to his interest.

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

contractor under the hand of the owner shall be conclusive evidence) in

which case the security deposit of the Contractor shall stand forfeited and

be absolutely at the disposal of the owner.

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

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

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

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

to cover all departmental charges and crediting him with the value of work

done at the same rates as if it has been carried out by the Contractor

under the terms of his contract. The certificate of Engineer-In-Charge as

to the value of the work done shall be final and conclusive against the

c) To measure up the work of the contractor and to take such part thereof as

shall be unexecuted out of his hand and give it to another Contractor to

complete, the same. in this case the excess expenditure incurred than

what would have been paid to the original Contractor, if the whole work

had been executed by him, shall be borne and paid by the original

Contractor and shall be deducted from any money due to him by the

owner under the contract or otherwise and for the excess expenditure, the

certificate of the Engineer-In-Charge shall be final and conclusive.

In the event any of the above courses being adopted by the owner, the

Contractor shall have no claims for compensation for any loss sustained by

him by reason of his having purchased or procured any materials or

entered into any agreements or made any advance on account of or with a

view to the execution of the work or the performance of the contract.

In purchase the Contractor shall not be entitled to recover or be paid any

sum for any work actually performed under this contract unless the

Engineer-In-Charge will certify in writing the performance of such work

and the value payable in respect thereof and he shall only be entitled to be

paid the value so certified.

In the event of the owner putting in force the powers as stated in a, b, c,

above vested in him under the proceeding clause, he may, if he so desires,

take possession of all or any tools and plant, materials and stores in or

upon the works or the site thereof belonging to the Contractor, or

procured by him and intended to be used for the execution of the work or

any part thereof paying or allowing for the same in account at the contract

rates to be certified by the Engineer-In-Charge. The Engineer-In-Charge

may give notice in writing to the Contractor or his representative requiring

him to remove such tools, plant, materials or stores from the premises

within the time specified in the notice and in the event of the Contractor

failing to comply with any such notice, the Engineer-In-Charge may

remove them at the Contractor's expenses or sell them by auction or

private sale on account of the Contractor and his risks in all respects

without any further notice as to the date, time or place of the sale and the

certificate of Engineer-In-Charge as to the expense of any such removal

and the amount of the proceeds and the expenses of any such sale shall

be final and conclusive against the Contractor.

GC-23 COMPENSATION FOR ALTERATION IN OR RESTRICTION IN WORK :

If at any time from the commencement of the work, the owner shall for

any reasons whatsoever not require the whole work or part thereof as

specified in the e-Tender to be carried out, the Engineer-In-Charge shall

give notice in writing of the fact to the Contractor, who shall have no claim

to any payment or compensation whatsoever on account of any profit or

advantage which he might have derived from the execution of the work in

full but which he did not derive in consequence of full amount of the work

not having been carried out. He also shall not have any claim for

compensation by reasons of any alterations having been made in original

specifications, drawings, designs and instructions which shall involve any

curtailment of the work as originally contemplated.

When the Contractor is a partnership firm, the prior approval in writing of

the owner shall be obtained before any change is made in the Constitution

of the firm. Where the Contractor is an individual or a Hindu Undivided

Family or business concern, such approval as aforesaid shall, likewise be

obtained before Contractor enters into an agreement with other parties

where under, the reconstituted firm would have the right to carry out the

work hereby undertaken by the Contractor. In either case, if prior

approval as aforesaid is not obtained, the contract shall be deemed to

have been allotted contravention of subletting clause hereof and the same

action may be taken and the same consequence shall ensure as provided

in the subletting clause.

GC-24 IN THE EVENT OF DEATH OF THE CONTRACTOR :

Without prejudice to any of the rights or remedies under the contract, if

the Contractor dies, the owner shall have the option of terminating the

contract without compensation to the Contractor.

GC-25 MEMBERS OF THE OWNER NOT INDIVIDUALLY LIABLE :

No official or employee of the owner shall in any way be personally bound

or liable for the acts or obligation of the owner under the contract, or

answerable for any default or omission in the observance or performance

of any acts, matters or things, which are herein, contained.

GC-26 OWNER NOT BOUND BY PERSONAL REPRESENTATIONS :

The Contractor shall not be entitled to any increase on the schedule of

rates or any other rights or claims whatsoever by reason of

representation, promise or guarantees given or alleged to have been given

to him by any person.

GC-27 CONTRACTOR'S OFFICE AT SITE :

The Contractor shall provide and maintain an office at the site for the

accommodation of his agent and staff and such office shall remain open at

all reasonable hours to receive information, notices or other

communications.

GC-28 CONTRACTOR'S SUBORDINATE STAFF AND THEIR CONDUCT :

1. The Contractor on award of the work shall name and depute a qualified

Engineer having experience of carrying out work of similar nature, whom

equipments, materials, if any, shall be issued and instructions for work

given. the Contractor shall also provide to the satisfaction of Engineer-In-

Charge sufficient and qualified staff, competent sub-agents, foreman and

loading hands including those specially qualified by previous experience to

supervise the type of works comprised in the contract in such manner as

will ensure work of the best quality and expeditious working. If, in the

opinion of the Engineer-In-Charge additional properly qualified supervision

staff is considered necessary, it shall be employed by the Contractor,

without additional charge on account thereof. The Contractor shall ensure

to the satisfaction of the Engineer-In-Charge that sub-contractors, if any,

shall provide competent and efficient supervision over the work entrusted

2. If and whenever any of the Contractor's or sub-contractor's agents, sub-

agents, assistants, foreman or other employees shall, in the opinion of the

Engineer-In-Charge, be guilty of any misconduct or be incompetent or

insufficiently qualified or negligent in the performance of their duties or

that in the opinion of the owner or Engineer-In-Charge, it is undesirable

for administrative or any other reason for person or persons to be

employed in the works, the Contractor if so directed by the Engineer-In-

Charge, shall at once remove such person or persons from employment

thereon. Any person or persons so removed shall not again be re-

employed in connection with the works without the written permission of

the Engineer-In-Charge. Any person, so removed from the works shall be

immediately replaced at the expense of the Contractor by a qualified and

competent substitute. Should the Contractor be required to repatriate any

person removed from the works he shall do so after approval of Engineer-

In-Charge and shall bear all costs in connection therewith.

3. The Contractor shall be responsible for the proper behavior of all the staff,

foreman, workmen and others and shall exercise proper control over them

and in particular and without prejudice to the said generality, the

Contractor shall be bound to prohibit and prevent any employee from

trespassing or acting in any way detrimental or prejudicial to the interest

of the community or of the properties or occupiers of land and properties

in the neighborhood and in the event of such employees so trespassing,

the Contractor shall be responsible therefore and relieve the owner of all

consequent claims, actions for damages or injury or any other ground

whatsoever. The decision of the Engineer-In-Charge upon any matter

arising under this claim shall be final.

4. If and when required by the owner, the Contractor's personnel entering

upon the owner's premises shall be properly identified by badges of a type

acceptable to the owner which must be worn at all times on owner's

GC-29 TERMINATION OF SUB-CONTRACT BY OWNER :

If any sub-contractor engaged upon the works at the site execute any

work which in the opinion of Engineer-In-Charge is not accordance with

the contract documents, the owner may by written notice to the

Contractor request him to terminate such sub-contract and the Contractor

upon the receipt of such notice shall terminate such sub-contracts and the

latter shall forthwith leave the works, failing which, the owner shall have

the right to remove such sub-contractors from the site.

No action taken by the owner under the above clause shall relieve the

Contractor of his liabilities under the contract or give rise to any right to

compensation, extension of time or otherwise.

GC-30 POWER OF ENTRY :

If the Contractor shall not commence the work in the manner previously

described in the contract documents or if he shall at any time, in the

opinion of Engineer-In-Charge –

i) Fail to carry out works in conformity with the contract documents, or

ii) Fail to carry out the works in accordance with the time schedule, or

iii) Substantially suspend work or the works for a period of seven days

without authority from Engineer-In-Charge, or

iv) Fail to carry out and execute the work to the satisfaction of the Engineer-

v) Fail to supply sufficient or suitable construction plant, temporary works,

labour, materials or things, or

vi) Commit breach of any other provisions of the contract on his part to be

performed or observed or persists in any of the above mentioned breaches

of the contract for seven days after notice in writing shall have been given

to the Contractor by the Engineer-In-Charge requiring such breach to be

vii) Abandon the work, or

viii) During the continuance of the contract becomes bankrupt, make any

arrangement or compromise with his creditors, or permit any execution to

be levied or go into liquidation whether compulsory or voluntary not being

merely a voluntary liquidation for the purpose of amalgamation or

reconstruction then in any such case.

The owner shall have the power to enter upon the works and take

possession thereof and of the materials, temporary works, constructional

plant and stores therein and to revoke the Contractor's license to use the

same and to complete the works by his agents, other Contractor or

workmen, to relate the same upon any terms to such other person firm or

Corporation as the owner in his absolute discretion may think proper to

employ, and for the purpose aforesaid to use or authorize the use of any

materials, temporary works, constructional plant, and stores as aforesaid

with making payments or allowance to the Contractor for the said

materials other than such as may be certified in writing by the Engineer-

In-Charge to be reasonable and without making any payment or allowance

to the Contractor for the use of said temporary works, constructional plant

and stock or being liable for loss or damage thereto. If the owner shall be

reason of his taking possession of the works or of the work being got

completed by other Contractor incurred excess expenditure be deducted

from any money which may be due for the work done by the Contractor

under the contract and not paid for. Any deficiency shall forthwith be

made good and paid to the owner by the Contractor and the owner shall

have power to sell in such manner and for such price as he may think fit

all or any of the constructional plant, materials etc., consist constructed by

or belonging to and to recoup and retain the said deficiency or any part

thereof out of the proceeds of the sale.

GC-31 CONTRACTOR'S RESPONSIBILITY WITH THE OTHER CONTRACTOR

Without repugnance to any other conditions, it shall be the responsibility

of the Contractor executing the work, to work in close co-operation and

co-ordination with other Contractors or their authorized representatives

and the Contractor will put a joint scheme with the concurrence of other

contractors or their authorized representatives showing the arrangements

for carrying his portion of the work to the Engineer-In-Charge and get the

approval. The Engineer-In-Charge before approving the joint scheme will

call the parties concerned and modify the scheme if required. No claim

will be entertained on account of the above. The Contractor shall conform

in all respects with the provisions of any statutory regulations, ordinances

or bylaws of any local or duly constituted authorities or public bodies

which may be applicable from time to time to works or any temporary

works. The Contractor s shall keep the owner indemnified against all

penalties and liabilities of every kind arising out of non-adherence to such

statutes, ordinance, laws, rules, regulations etc.

GC-32 OTHER AGENCIES AT SITE :

The Contractor shall have to execute the work in such place and condition

where other agencies will also be engaged for other works, such as site

grading, filling and leveling, electrical and mechanical engineering works

etc. No claim shall be entertained for works being executed in the above

GC-33 NOTICES :

Any notice under this contract may be served on the Contractor or his duly

authorized representative at the job site or may be served by Registered

Post direct to the official address of the Contractor. Proof of issue of any

such notice could be conclusive of the Contractor having been duly

informed of all contents therein.

GC-34 RIGHTS OF VARIOUS INTERESTS :

The owner reserves the right to distribute the work between more than

one Contractor. Contractor shall co-operate and afford reasonable

opportunity to other Contractor s for access to the works, for the carriage

and storage of materials and execution of their works. Whenever the work

being done by department of the owner or by other Contractor employed

by the owner is contingent upon work covered by this contract, the

respective rights of the various interests shall be determined by the

Engineer-In-Charge to secure the completion of various portions of the

work in general harmony.

GC-35 PRICE ADJUSTMENTS :

No adjustment in price shall be allowed and no price escalation will be

GC-36 TERMS OF PAYMENT :

The payment of bills shall be made progressively according to the rules

and practices followed by the Corporation. The progressive payment

unless otherwise provided in the contract agreement or subsequently

agreed to by the parties shall be made generally monthly on submission of

a bill by the Contractor in prescribed form of an amount according to the

value of the work performed less the price of materials supplied by owner

aggregate of previous progressive payments and as required by Clause

GC-37 (Retention of Money) herein. All such progressive payments shall

be regarded as payments by way of advance against final payment.

Payment for the work done by the Contractor will be based on the

measurement at various stages of the work, in accordance with the

condition at clause GC-81 (measurement of work in progress).

GC-37 RETENTION MONEY :

Pursuance to clause GC-36 (Terms of Payment) any on at money due to

the Contractor for work done, Corporation will hold as Retention money

five (5) percent of the value of work. The retention money will not

normally be due for payment until the completion of the entire work and

till such period the work has been finally accepted by the Corporation and

a completion certificate issued by the Corporation in pursuant to Clause-

GC 79 (Completion Certificate).

Hydraulic Test: As prescribed in the technical specifications, percentage

amount of value of work be withheld against hydraulic test of the civil

works & piping work. The said amount shall be released on giving the

satisfactory hydraulic test.

GC-38 PAYMENTS DUE FROM THE CONTRACTOR :

All costs, damages or expenses, for which under the contract, Contractor

is liable to the Corporation, may be deducted by the Corporation from any

money due or becoming due to the Contractor under the contract or from

any other contract with the Corporation or may be recovered by action at

law or otherwise from the Contractor.

GC-39 CONTINGENT FEE :

i) The Contractor warrants that he has not employed a person to solicit or

secure the contract upon any agreement for a commission, percentage,

and brokerage contingent fee. Breach of this warranty shall give the

Corporation the right to cancel the contract or to take any drastic measure

as the Corporation may deem fit. The warranty does not apply to

commissions payable by the Contractor to establish commercial or selling

agent for the purpose of securing business.

ii) No officer, employer or agent of the Corporation shall be admitted to any

share or part of this contract or to any benefit that may rise there from.

GC-40 BREACH OF CONTRACT BY CONTRACTOR :

If the Contractor fails to perform the work under the contract with due

diligence or shall refuse or neglect to comply with instructions given to him

in writing by the Engineer-In-Charge in accordance with the contract, or

shall contravene the provisions of the contract, the Corporation may give

notice in writing to the Contractor to make good such failure, neglect, or

contravention. Should the Contractor fail to comply with such written

notice within 10 (Ten) days of receipt, it shall be lawful for the

Corporation, without prejudice to any other rights the Corporation may

have under the contract, to terminate the contract for all or part of the

works, and make any other arrangements it shall deem necessary to

complete the work outstanding under the contract at the time of

termination. In this event, the performance Bond shall immediately

become due and payable to the Corporation. The value of the work done

on the date of termination and not paid for shall be kept as deposit for

adjustment of excess expenditure incurred in getting the remaining work

completed and the Corporation shall have free use of any works which the

Contractor may have at the site at the time of termination of the contract.

If Contractor fails to carry out the work in timely manner as mentioned in

clause 20 (Liquidated damages), Rajkot Municipal Corporation may give

notice in writing to the Contractor to expedite the work, so that the work

can be completed as per time schedule. If Contractor fails to expedite the

work within 10 days of receipt of notice, Rajkot Municipal Corporation may

terminate the contract and debar the Contractor for three years and the

remaining work will be executed through other agency at the risk and cost

of the Contractor.

GC-41 DEFAULT OF CONTRACTOR :

i) The Corporation may upon written notice of default to the Contractor

terminate the contract circumstances detailed as under:

a) If in the opinion of the Corporation, the Contractor fails to make

completion of works within the time specified in the completion schedule

or within the period for which extension has been granted by the

Corporation to the Contractor.

b) If in the opinion of the Corporation, the Contractor fails to comply with any

of the other provisions of this contract.

ii) In the event, the Corporation terminates the contract in whole or in part

as provided in Article GC-50 (Termination of the Contract) the Corporation

reserves the right to purchase upon such terms and in such manner as it

may be deem appropriate, plant similar to one which is not supplied by the

Contractor and the Contractor will be liable to the Corporation for any

additional costs for such similar plant and / or for liquidated damages for

delay until such time as may be required for the final completion of works.

iii) If this contract is terminated as provided in this paragraph GC-40 AND/OR

GC-30 (Power of Entry) (1) the Corporation in addition to any other rights

provided in this clause, may require the Contractor to transfer title and

deliver to the Corporation.

a) Any completed works

b) Such partially completed information and contract rights as the Contractor

has specifically produced or acquired for the performance of the contract

iv) In the event, the Corporation does not terminate the contract as provided

in the paragraph GC-50 (Termination of Contract) the Contractor shall

continue performance of the contract, in which case, he shall be liable to

the Corporation for liquidated damages for delay until the works are

completed and accepted.

GC-42 BANKRUPTCY :

If the Contractor shall become bankrupt or insolvent or has a receiving

order made against him, or compound with his creditors, or being the

Corporation commence to be wound up not being a member voluntary

winding up for the purpose of amalgamation or reconstruction, or carry on

its business under a receiver for the benefit of his creditors or any of

them, the Corporation shall be at liberty to either (a) terminate the

contract forthwith by giving notice in writing to the Contractor or to the

receiver or liquidator or to any person or Organization in whom the

contract may become vested and to act in the manner provided in Article

GC-41 (Default of Contractor) as thought the last mentioned notice had

been the notice referred to in such article or (b) to give such receiver,

liquidator or other persons in whom the contract may become vested the

option of carrying out the contract subject to his providing a satisfactory

guarantee for the due and faithful, performance of the contract up to an

amount to be agreed. In the event that the Corporation terminates the

contract in accordance with this article, the performance bond shall

immediately become due and payable on demand to Corporation.

GC-43 OWNERSHIP :

Works hand over pursuant to the contract shall become the property of

the Corporation from whichever is the earlier of the following times,

a) When the works are completed pursuant to the contract.

b) When the contractor has been paid any sum to which he may become

entitled in respect thereof pursuant to Clause GC-36 (Terms of Payment).

GC-44 DECLARATION AGAINST WAIVER :

The condemnation by the Corporation of any breach or breaches by the

Contractor or an authorized sub-contractor of any of the stipulations and

conditions contained in the contract, shall in no way prejudice or affect or

be construed as a waiver of the Corporation's rights, powers and remedies

under the contract in respect of any breach or breaches.

GC-45 LAWS GOVERNING THE CONTRACT :

This contract shall be construed according to and subject to the laws of

India and the State of Gujarat and under the jurisdiction of the Courts of

Gujarat at Rajkot.

GC-46 OVER PAYMENT AND UNDER PAYMENT :

Whenever any claim for the payment of a sum to the Corporation arises

out of or under this contract against the Contractor, the same may be

deducted by the Corporation from any sum then due or which at any time

thereafter may become due to the Contractor under this contract and

failing that under any other contract with the Corporation (which may be

available with the Corporation), or from his retention money or he shall

pay the claim on demand. The Corporation reserves the right to carry out

post payment audit and technical examinations of the final bill including all

supporting vouchers, abstracts etc. The Corporation further reserves the

right to enforce recovery of any payment when detected, not withstanding

the fact that the amount of the final bill may be included by one of the

parties as an item of dispute before an Arbitrator, appointed under Article

GC-49 (Arbitration) of this contract and notwithstanding the fact that the

amount of the final bill figures in the arbitration award. If as a result of

such audit and technical examinations any over payment is discovered in

respect of any work done by the Contractor or alleged to have been done

by him under the contract, it shall be recovered by the Corporation from

the Contractor as prescribed above. If any under payment is discovered

by the Corporation, the amount due to the Contractor under this contract,

may be adjusted against any amount then due or which may at any time

thereafter become due before payment is made to the Contractor.

GC-47 SETTLEMENT OF DISPUTES :

Except as otherwise specifically provided in the contract, all disputes

concerning questions of fact arising under the contract shall be decided by

the Engineer-In-Charge subject to a written appeal by the Contractor to

the Engineer-In-Charge and those decisions shall be final and binding on

the parties hereto. Any disputes or differences including those considered

as such by only one of the parties arising out of or in connection with this

contract shall be to the extent possible settled amicably between the

parties. If amicable settlement cannot be reached then all disputed issues

shall be settled as provided in Article GC-48 (Disputes or differences to be

referred to) and Article No.GC-49 (Arbitration).

GC-48 DISPUTES OF DIFFERENCES TO BE REFERRED TO :

If at any time, any question, disputes or differences of any kind

whatsoever shall arise between the Engineer-In-Charge and the contractor

upon or in relation to or in connection with this contract either party may

forthwith give to the other, notice in writing of the existence of such

question, dispute or difference as to any decision, opinion, instruction,

direction, certificate or evaluation of the Engineer-In-Charge. The

question, dispute or differences shall be settled by the Municipal

Commissioner, Rajkot Municipal Corporation, who shall state his decision

in writing and give notice of same to the Engineer-In-Charge and to the

Contractor. Such decision shall be final and binding upon both parties.

The contract and work on contract if not already breached or abandoned

shall proceed normally unless and until the same shall be revised (or

uphold) by any arbitration proceedings as hereinafter provided. Such

decisions shall be final and binding on the Engineer-In-Charge and the

Contractor unless the Contractor shall require the matter to be referred to

an Arbitration panel as hereinafter provided.

GC-49 ARBITRATION :

In case of any dispute arising during the course of execution, the matter

should be referred to Municipal Commissioner who will be sole Arbitrator

whose decisions will be final and binding to the Contractor.

The word "Arbitration" or "Arbitration Clause" wherever mentioned in this

tender document, is to be treated to be referred to GC-49. In this context,

an Order bearing No.RMC/Legal/1858 dated 18-02-2017 of Legal

Department of Rajkot Municipal Corporation is uploaded separately along

with this tender, which Order, will hereafter referred and taken into

consideration for Arbitration related purpose.

GC-50 TERMINATION OF THE CONTRACT :

i) If the Contractor finds it impracticable to continue operation owing to force

majeure reasons or for any reasons beyond his control and/or the

Corporation find it impossible to continue operation, then prompt

notification in writing shall be given by the party affected to the other.

ii) If the delay or difficulties so caused cannot be expected to cease or

become unavoidable or if operations cannot be resumed within two (2)

months then either party shall have the right to terminate the contract

upon ten (10) days written notice to the other. In the event of such

termination of the contract, payment to the Contractor will be made as

a) The Contractor shall be paid for all works approved by the Engineer-In-

Charge and for any other legitimate expenses due to him.

b) If the Corporation terminates the contract owing to Force Majeure or due

to any cause beyond its control, the Contractor shall additionally be paid

for any work done during the said two (2) months period including any

financial commitment made for the proper performance of the contract

and which are not reasonably defrayed by payments under (a) above.

c) The Corporation shall also release all bonds and guarantees at its disposal

except in cases where the total amount of payment made to the

except in cases where the total amount of payment made to the

Contractor exceeds the final amount due to him in which case the

Contractor shall refund the excess amount within thirty (30) days after the

termination and the Corporation thereafter shall release all bonds and

guarantees. Should the Contractor fail to refund the amounts received in

excess within the said period such amounts shall be deducted from the

bonds or guarantees provided.

iii) On termination of the contract for any cause the Contractor shall see the

orderly suspension and termination of operations, with due consideration

to the interests of the Corporation with respect to completion safeguarding

of storing materials procured for the performance of the contract and the

salvage and resale thereof.

GC-51 SPECIAL RISKS :

If during the contract, there shall be an outbreak of war (whether war is

declared or not), major epidemic, earthquake or similar occurrence in any

part of the world beyond the control of either party to the contract which

financially or otherwise materially affects the execution of the contract, the

Contractor shall unless and until, the contract is terminated under the

provisions of this article use his best endeavors to complete the execution

of the contract, provided always that the Corporation shall be entitled at

any item after the onset of such special risks, to terminate the contract by

giving written notice to the contractor and upon such notice being given

this contract shall terminate but without prejudice to the rights of either

party in respect of any antecedent breach thereof.

The Contractor shall not be liable for payment of compensation for delay

or for failure to perform the contract for reasons of Force Majeure such as

acts of public enemy, acts of Government, fires, floods, cyclones,

epidemics, quarantine restrictions, lockouts, strikes, freight embargoes

and provided that the Contractor shall within 10 (ten) days from the

beginning of such delay notify the Engineer-In-Charge in writing, of the

cause of delay, the Corporation shall verify the facts and grant such

extension as the facts justify.

GC-52 CHANGE IN CONSTITUTION :

Where the Contractor is a partnership firm, the prior approval in writing of

the owner shall be obtained before any change is made in the constitution

of the firm. Where the Contractor is an individual or undivided family

business concern such approval as aforesaid shall likewise be obtained

before the Contractor enters into any partnership agreement where under

the partnership firm would have the right to carry out the works hereby

undertaken by the Contractor. If prior approval as aforesaid is not

obtained, the contract shall be deemed to have been assigned in

contravention of contract.

GC-53 SUB-CONTRACTUAL RELATIONS :

All works performed for the contract by a sub-contractor shall be pursuant

to an appropriate agreement between the Contractor and the sub-

contractor, which shall contain provision to –

a) Protect and preserve the rights of the Corporation and the Engineer-In-

Charge with respect to the works to be performed under the sub-

contracting party will not prejudice such rights.

b) Require that such work be performed in accordance with the requirements

of contract documents.

c) Require under such contract to which the contractor is a party, the

submission to the Contractor of application for payment and claims for

additional costs, extension of time, damages for delay or otherwise with

respect to the sub-contracted portions of the work in sufficient time, that

the Contractor may apply for payment comply in accordance with the

contract documents for like claims by the Contractor upon the Corporation.

d) Waive all rights the contracting parties may have against one another for

damages caused by fire or other perils covered by the property insurance

except such rights as they may have to the proceeds of such insurance

held by the Corporation as trustee and,

e) Obligate each sub-contractor specifically to consent to the provisions of

GC-54 PATENTS AND ROYALTIES :

1. Contractor, if licensed under any patent covering equipment, machinery,

materials or composition of matter to be used or supplied or methods and

process to be practiced or employed in the performance of this contract

agrees to pay all royalties and license fees, which may be due with respect

thereto. If any equipment, machinery, materials, composition matters, to

be used or supplied or methods practiced or employed in the performance

of this contract, is covered by a patent under which Contractor is not

licensed, then the Contractor before supplying / using the equipment,

machinery, materials, compositions, methods of process shall obtain such

license and pay such royalties and license fees as may be necessary for

performance of this contract. In the event Contractor fails to pay such

royalty or to obtain any such license, any suit for infringement of such

patents which is brought against the Contractor or the owner as a result of

such failure will be defended by the Contractor at his own expenses and

the Contractor will pay any damages and costs awarded in such suit. The

Contractor shall promptly notify the owner if the Contractor has acquired

knowledge of any plant under which a suit for infringement could be

reasonably brought because of the use by the owner of any equipment

machinery, materials, process methods to be supplied in hereunder.

Contractor agrees to and does hereby grant to owner together with the

right to extend the same to any of the subsidiaries of the owner an

irrevocable royalty fee license to use in any Country, any invention made

by the Contractor or his employees in or as a result of the performance of

work under contract.

2. With respect to any sub-contract entered into by Contractor pursuant to

the provisions of the relevant clause hereof, the Contractor shall obtain

from the sub-contractor an understanding to provide the owner with the

same patent protection that contracts is required to provide under the

provisions of the clause.

3. The Contractor shall indemnify and save harmless the owner from any loss

on account of claims against owner for the contributory infringement of

patent rights arising out of and based upon the claim that the use by the

Corporation of the process included in the design prepared by the

Contractor and used in the operation of the plant infringes on any patent

If, at any time, there should be evidence of any lien or claim for which

owner might have become liable and which is chargeable to the

Contractor, the owner shall have the right to retain out of any payment

then due or thereafter to become due an amount sufficient to completely

indemnify the owner against such lien or claim or if such lien or claim be

valid the owner may pay and discharge the same and deduct the amount

as paid from any money which may be due or become due and payable to

the Contractor. If any lien or claims remaining unsettled after all

payments are made, the Contractor shall refund or pay to the owner all

money that the latter may be compelled to pay in discharging such lien or

claim including all costs and reasonable expenses.

GC-56 EXECUTION OF WORK :

The whole work shall be carried out in strict conformity with the provisions

of the contract document, detailed drawings, specifications and the

instructions of the Engineer-In-Charge from time to time. The Contractor

shall ensure that the whole work is executed in the most substantial, and

proper manner with best workmanship using materials of best quality in

strict accordance with the specifications to the entire satisfaction of the

Engineer-In-Charge.

GC-57 WORK IN MONSOON :

When the work continues in monsoon if required, the Contractor shall

maintain minimum labour force required for the work and plan and

execute the construction and erection work according to the prescribed

schedule. No extra rate will be considered for such work in monsoon.

During monsoon and entire construction period, the Contractor shall keep

the site free from water at his own cost. However, monsoon period from

1st July to 30th September will be excluded in time limit.

GC-58 WORK ON SUNDAYS AND HOLIDAYS :

No work except curing shall be carried out on Sunday and holidays.

However, if the exigencies of the work need continuation of work on

Sundays and Holidays, written permission of the Engineer-In-Charge shall

be obtained in advance.

GC-59 GENERAL CONDITIONS FOR CONSTRUCTION WORK :

Working hours shall be eight every day. The over time work in two shifts

could be carried out with the written permission of the Engineer-In-Charge

but no compensation shall be paid for the same. The rate quoted shall

include this. The Contractor shall plan his work in such a way that his

labourers do not remain idle. The owner will not be responsible for idle

labour of the Contractor. The Contractor shall submit to the owner

progress report every week. The details and proforma of the report will be

as per mutual agreement.

GC-60 DRAWINGS TO BE SUPPLIED BY THE OWNER :

The drawings attached with the e-Tender documents shall be for general

guidance of the Contractor to enable him to visualize the type of work

contemplated and scope of work involved. Detail working drawings

according to which the work is to be done shall be prepared by the

Contractor for executing the work.

GC-61 DRAWINGS TO BE SUPPLIED BY THE CONTRACTOR:

Where drawings, data are to be furnished by the Contractor they shall be

as enumerated in special conditions of contract and shall be furnished

within the specified time. Where approval of drawings has been specified

it shall be Contractor's responsibility to have these drawings got approved

before any work is taken up with regard to the same. Any changes

becoming necessary in those drawings during the execution of the work

shall have to be carried out by the Contractor at no extra cost. All final

drawings shall bear the certification stamp as indicated below duly signed

by both the Contractor and Engineer-In-Charge.

Certified true for………………………………………………………………………….Project

Contractor Engineer-

Drawings will be approved within three (3 weeks of the receipt of the same

by the Engineer-In-Charge.

GC-62 SETTING OUT WORK :

The Contractor shall set out the work on the site handed over by the

Engineer-In-Charge and shall be responsible for the correctness of the

same. The work shall be carried out to the entire satisfaction of Engineer-

In-Charge. The approval thereof or partaking by Engineer-In-Charge or

setting out work shall not relieve Contractor of any of his responsibilities.

The Contractor shall provide at his own cost all necessary level posts,

pegs, bamboos, flags, ranging rods, strings and other materials and

labourers required for proper setting out of the work. The Contractor shall

provide fix and be responsible for the maintenance of all stakes,

templates, level markets, profiles and similar other things and shall take

all necessary precautions to prevent their removal or disturbance and shall

be responsible for the consequences for such removal or disturbance. The

Contractor shall also be responsible for the maintenance of all existing

survey marks, boundary marks, and distance marks and centerline marks

either existing or face lines and cross lines shall be marked by small

masonry pillars. Each pillar shall have distance mark at the center for

setting up the theodolite. The work shall not be started unless the setting

out is choked and approved by Engineer-In-Charge in writing but such

approval shall not relieve the Contractor of his responsibilities about the

correctness of setting out. The Contractor shall provide all materials,

labour and other facilities necessary for checking at his own cost. Pillars

bearing geodetic marks on site shall be protected by the Contractor. On

completion of the work, the Contractor shall submit the geodetic

documents according to which the work has been carried out.

GC-63 RESPONSIBILITIES OF CONTRACTOR FOR CORRECTNESS OF THE

The Contractor shall be entirely and exclusively responsible for the

correctness of every part of the work and shall rectify completely any

errors therein at his own cost when so instructed by Engineer-In-Charge.

If any error has crept in the work due to non-observance of this clause,

the Contractor will be responsible for the error and bear the cost of

corrective work.

1. Materials to be supplied by the Contractor:

Contractor shall procure and provide all the material required for the

execution and maintenance of work including M S rods; all tools, tackles,

construction plant and equipment except, the materials to be supplied by

the owner detailed in the contract documents. Owner, shall make

recommendations for procurement of materials to the respective

authorities if desired by the Contractor but assumes no responsibility of

any nature. Owner shall insist for procurement of materials with ISI

marks supplied by reputed firms of the DGS & D list.

2. If however, the Engineer-In-Charge feels that the work is likely to be

delayed due to Contractor's inability to procure materials, the Engineer-In-

Charge shall have the right to procure materials, from the market and the

Contractor will accept these materials at the rates decided by Engineer-In-

GC-64 MATERIALS TO BE SUPPLIED BY THE OWNER :

1. If the contract provided certain materials or stores to be supplied by the

owner, such materials and stores transported by the Contractor at his cost

from owner's stores or Railway Station. The cost from Contractor for the

value of materials supplied by the owner will be recovered from the

R.A.Bill on the basis of actual consumption of materials in the work

covered and for which R A Bill has been prepared. After completion of the

work, the Contractor has to account for the full quantity of materials

supplied to him.

2. The value of store materials supplied by owner to the Contractor shall be

charged at rates shown in the contract document and in case any other

material not listed in the schedule of materials is supplied by the owner,

the same shall be charged at cost price including carting and other

expenses incurred in procuring the same. All materials so supplied shall

remain the property of the owner and shall not be removed from the site

on any account. Any material remaining unused at the time of completion

of work or termination of contracts shall be returned to owner's store or

any other place as directed by the Engineer-In-Charge in perfectly good

condition at Contractor's cost. When materials are supplied free of cost for

use in work and surplus and unaccounted balance thereof are not returned

to the owner, recovery in respect of such balance will be effected at double

the applicable issue rate of the material or the market rates whichever is

GC-65 CONDITIONS OF ISSUE OF MATERIALS BY THE OWNER: (N.A.)

The materials specified to be issued by the owner to the Contractor shall

be issued by the owner at his store and all expenses for it carting site shall

be borne by the Contractor will be issued during working hours and as per

rules of owner from time to time.

Contractor shall bear all expenses for storage and safe custody at site of

materials issued to him before use in work.

Material shall be issued by the owner in standard / non-standard sizes as

obtained from manufacturer.

Contractor shall construct suitable godowns at site for storing the

materials to protect the same from damage due to rain, dampness, fire,

The Contractor should take the delivery of the materials issued by the

owner after satisfying himself that they are in good condition. Once the

materials are issued, it will be the responsibility of the Contractor to keep

them in good condition and in safe custody. If the materials get damaged

or if they are stolen, it shall be the responsibility of the Contractor to

replace them at his cost according to the instructions of the Engineer-In-

For delay in supply or for non-supply of materials to be supplied by the

owner, on account of natural calamities, act of enemies, other difficulties

beyond the control of the owner, the owner carries no responsibilities. In

no case the Contractor shall be entitled to claim any compensation for loss

suffered by him on this account.

None of the materials issued to the contractor, shall be used by the

Contractor for manufacturing items which can be obtained from the

manufacturer's. The materials issued by the owner shall be used for the

work only and no other purpose.

Contractor shall be required to execute indemnity bond in the prescribed

form for the safe custody and account of materials issued by the owner.

Contractor shall furnish sufficiently in advance a statement of his

requirements of quantities of materials to be supplied by the owner and