Supply, Installation, Testing and Commissioning of 8/10 Passanger Lift (Ground Plus 2 Upper Floor) for Health Center at mojeGabheni R.S.No.218/paikee (Amenities space) in South Zone -B (kanakpur)

Name of work : Supply, Installation, Testing and Commissioning of 8/10 Passanger Lift

(Ground Plus 2 Upper Floor) for Health Center at mojeGabheni

R.S.No.218/paikee (Amenities space) in South Zone-B

Zone (Kanakpur)

TENDER (ON LINE) NOTICE NO. DMC/SZ-B/05/2026--27

VOLUME-I : TECHNICAL BID

Start date of download of tender documents : From Dt.10/08/2026 to 24/08/2026 upto

from website smc.nprocure.com 17.00 hrs.

Last date of submission of online tender : On or Before Dt. 24/08

8/2026 upto 18.00 hrs

(tender fees, emd and other documents in soft

Last date of submission of tender fees, EMD : Upto Dt.31/08/2026 to Chief Accountant,

and other documents in hard copy Surat Municipal Corporation, Muglisara, Surat

by R.P.A.D./Speed Postupto

Post 18.00 hrs.

Opening of Online Technical Bid : On Dt.25/08/2026 11.00 hrs. (Probable)

Opening of Tender Fee, EMD & Other : On Dt.02/09/2026 (Probable)

Documents etc. in Hard Copy

Estimated amount : Rs.

Earnest money deposit. : Rs. 12,500/-

Document fees : Rs.

Registratiion class : " Experience"

TENDER TO BE SUBMITTED TO:

THE CHIEF ACCOUNTANT,

SURAT MUNICIPAL CORPORATION, MUGLISARA

SURAT – 395 003. SURAT MUNICIPAL CORPORATION

Tender Notice No.DMC/SZ-A/10

/2025-26 Work No.

TENDER DOCUMENT

PARTICULARS PAGE NO.

1. NOTICE INVITING TENDER

ANNEXURE-I (Performa for list of works of similar nature already completed by the

Tenderer during last 7 years.)

ANNEXURE-II (Performa for declaration regarding work on hand with the tenderer.)

2. ANNEXURE-A & B

3. CONTRACTOR TO PLEASE READ THIS CAREFULLY

4. DECLARATION FORM

5. INSTRUCTION TO TENDERER

6. GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE FOR CONTRACTOR

7. GENERAL CONDITIONS OF CONTRACT

RESPONSIBILITY OF CONTRACTOR UNDER CONSTRUCTION AND DEMOLITION WASTE

( C & D WASTE) RULES

10. CONDITION FOR THE WATER SUPPLY AND ELECTRIC SUPPLY

11. IMPORTANT INSTRUCTION-A TO THE CONTRACTOR

12. IMPORTANT INSTRUCTION-B TO THE CONTRACTOR

13. TECHNICAL/ SERVICE PROFILE PERTAINING TO TENDERER

14. SPECIAL NOTE

15. SPECIAL CONDITION

16. DETAILED SCOPE OF WORK

17. GENERAL DESCRIPTION OF S.I.T.C. work of LIFTS

18. VENDOR LIST

19. CHECKLIST FOR THE BIDDER

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

SURAT MUNICIPAL CORPORATION

1.0 NOTICE INVITING TENDER

(A) RECEIPT AND OPENING OF TENDER :

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

hours from Dt.10/08/2026 to Dt.24/08/2026upto 18.00 hrs. on website smc.nprocure.com. The

tender received after due time and date specified will not be accepted.

1. Name of Work:-Supply, Installation, Testing and Commissioning of 8/10 Passanger Lift

(Ground Plus 2 Upper Floor) for Health Center at moje Gabheni R.S. No.218/paikee

(Amenities space) in South Zone-B (Kanakpur).

2. Estimated Cost : Rs.

3. Earnest Money Deposit : Rs. 12,500/-

4. Time Limit : SETC work shall be 05 (Five) months

5. Document Fee : Rs.

6. Registration required : " Experience"

(C) OPENING OF TENDERS:

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

Tender Fees & EMD in hard copy in account department (Main Office).But tenderer has to upload

relevant documents as required /mentioned in the technical bid in Soft Copy (By Scanning) .The

tenders will be opened in two stages i.e Technical Bid and Commercial Bid.

(D) PURCHASE OF TENDER DOCUMENTS :

Tender Documents can be downloaded from smc.nprocure.com from Dt.10/08/2026 to

Dt.24/08/2026up to 18.00 hrs.

 Tender documents fees of Rs.1,062.00 per set which is required for submission of tender towards the

cost of tender documents in cash, pay order or by demand draft of any nationalized bank,infavour of "The

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

other documents. The cost of the Tender Documents will not be refunded in any circumstances. The Surat

Municipal Corporation shall not be liable for any postal delay in any case.

 Demand Draft(D.D) /Bank Guarantee (B.G) for EMD & Tender Fee shall be submitted in electronic format

through online (By colored Scanning) while uploading the bid. This submission shall mean that EMD &

Tender Fee are received for purpose of opening the bid. Accordingly offer of those shall be opened whose

EMD & Tender Fee is received electronically. However, for the purpose of realization of D.D./B.G Bidder

shall send the valid D.D/B.G. in original through RPAD/Speed Post so as to reach to Accountant

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

Department (Main Office) within 7 Day from the last date of online submission of the bid or as per date

mentioned tender notice. In case of Non submission / receiving of Valid D.D./B.G in Original to Account

Department (Main Office) by bidder shall be initiated and necessary Punitive action shall be taken for

abeyance of registration and cancellation of E-tendering code for as follows.

 At first instance following amount is to be paid to SMC

Sr No. Tender Amount Amount to be paid

2 Above 1.00 Cr up to 10.00 Cr Rs. 20,000/-

3 Above 10.00 Cr up to 50.00 Cr Rs. 30,000/-

4 Above 50.00 Cr up to 100.00 Cr Rs. 70,000/-

 If bidder fails to submit the said amount within 10 days for the First instanceOR in case of second

instance of this similar of mistake i.e. non submission of Valid original Demand Draft (D.D.)/B.G. to the

Accounts Department (Main Office) within the specified time limit, punitive action of

abeyance/cancellation of E-tendering code for 6 months shall be taken.

 Any documents in supporting of bid shall be in electronic format only through online (By colored

Scanning) & hard copy will not be accepted separately.”

 “Following Documents shall only be submitted in HARD COPY as well as upload online to Surat Municipal

Corporation by all bidders.”

 Earnest Money Deposit as mentioned in tender. (i. e. D.D. / Pay Order/B.G.)

 Tender Fees as mentioned in the tender.

 Affidavit on Non Judicial Stamp Paper of Rs. 300.00 (Annexure - A)

 Undertaking on Non Judicial Stamp Paper of Rs. 300.00 (Annexure - B) (Only For a Tender Estimate

Amount More than 1.00 Cr.)

(E) CONTRACT PERIOD :

1. The total contract period is hereby fixed as 05 (Five) Months.

from the 10th Day of issuance of work order for SETC work.

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

Instructions to Tenderers, including requirements in the Contract Documents.

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

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

(c) Each tender must be accompanied by the Tender Security (EMD) Rs. 12,500/-

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

(d) The successful tenderer shall execute the Contract Agreement within ten days after the date of

Notice of award.

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

and amount equal to (2%) Two percent of the tendered amount.

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

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

not exceeding ten days after the date of execution of the contract agreement.

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

Agency in whose name tender has been issued. Transfer of tender documents to any other

party is prohibited.

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

online bidding process.

(j) All the applicant contractors are required to have their own employers code number under

EPF Act, 1952 and are required to comply the applicable provisions of said statute regularly

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

challans in respect of employees/workers employed by said contractor in respect of work

allotted by Surat Municipal Corporation, along with copies of Pay Roll and Muster Roll. If

the same are not produced, the bills will not be released.

(G) RECEIPT OF TENDER DOCUMENTS:

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

a. Document fees and EMD Details

b. Commercial Bid

c. Annexure I to II along with all necessary supporting documents

d. Bank solvency

f. GST Registration

g. Power of attorney

h. Partnership deed in case of Partnership firm.

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

j. Affidavit of Annexure B on Non Judicial Stamp Paper of Rs.300/-

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

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

a. Tender fees in prescribed format

b. Earnest Money Deposit in prescribed format

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

d. Affidavit of Annexure B on Non Judicial Stamp Paper of Rs.300/-if required

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

This will hold the tender liable for rejection

(H) Tender Validity Period :

The validity period of the tender submitted for this work shall be of one hundred twenty (120)

calendar days from the last date of online submission of tender for this work and the Tenderer shall

not be allowed to withdrawor modify the tender offer on his own during the validity period.

(I) Rights Reserved :

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

or any other or all tenders or part of its. To waive any informality or irregularity in any tender, which in

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

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

employee, successors or assignees for rejection of this tender.

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

proceed, after execution of the contract agreement by the successful Tenderer. The Surat Municipal

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

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

the terms and conditions on his own in this tender, then The Surat Municipal Corporation shall without

prejudice to any right or remedy be at liberty to reject the tender and forfeit the Earnest Money

Deposit in full. Such Tenderer may be disqualified from tendering for further works under the

jurisdiction of The Surat Municipal Corporation.

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

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

Executive Engineer

South Zone - B (Kanakpur)

Surat Municipal Corporation

Signature of the Contractor:

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

ANNEXURE-I TO II FOR PRE-QUALIFICATION TO BE FILLED IN BY TENDERER

Performa for list of works of similar nature already completed by the Tenderer during last 7 years.

Sr. Name of work and Place Cost on Time taken in Client name Date of

No. Completion months to completion

Note: Bidder shall give completion certificate from client. In absent of such completion certificate,

experience shall not be considered for evaluation. If completion certificate covers "Similar work (as per IT-04)

with other work" then bidders shall have to submit copied of final bill indicating similar work or certificate of

amount including "Similar work" from relevant authority.

Please Fill above details attached separate sheet.

Signature of the Contractor

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

Performa for declaration regarding work on hand with the tender:

Sr. No. Name of Estimated Date of Stipulated Amount of Brief Name of

work with Cost Issue of period of work done details of client

place work order completion delay if any

Present liability = Total of column 3 - Total of column-6

Signature of the Contractor

Note: Amount of work done in Column 6, should be given up to the month previous to the month in which

tender are invited.

Please Fill above details attached separate sheet.

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

• I, the undersigned, do hereby certify that all the statements made in the required attachments are

ture and correct. I also understand that in case of wrongful/false information, corporation is entitled to

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

• The undersigned also hereby certifies that neither our firm M/s____________________

nor any of its constituent partners have abandoned any work in India nor any contract awarded to us

has been rescinded during last five years, prior to the date of this bid.

• The undersigned hereby authorize(s) and request(s) any bank, person, authorities, government or

public limited institutions, firm or corporation to urnish pertinent information deemed necessary and

requested by the SMC to verify our statements of our competence and general requtation etc.

• The undersigned understands and agrees that further qualifying information may be

requested,and agrees to furnish any such information at the request of the SMC.

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

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

bid and to seek clarification from our bankers and clients regarding any financial and technical aspects.

This Affidavit will also serve as authorization to any individual or authorized representative to any

institution referred to in the supporting informantion, to provide such information deemed necessary

and requested by representative of Surat Municipal Corporation to verify statements and information

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

Signed by the Authorize signatory of the firm

Title of the office

Name of the firm

Note:- The affidavt format as indicated above to be furnished on non-judical stamp paper of Rs.300 and duly

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

UNDER TAKING BY THE TENDERER FOR NOT BLACK LISTED

Solemnly affirm and state that on oath that............................................. (Name of Tenderer)

has not been black listed by any Government/Semi Government/Public Sector

Undertaking/Public limited and not has been banned/suspended business dealings with the

The information given above is true to the best of my knowledge.

I/We agree that if any notice in future, my/our bid/tender shall be rejected/terminated

SIGNATURE AND SEAL OF THE CONTRACTOR:

Note:- The affidavit format as indicated above to be furnished on non-judical stamp paper of Rs.300 and duly

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

SURAT MUNICIPAL CORPORATION

SOUTH ZONE - B (KANAKPUR)

CONTRACTOR TO PLEASE READ THIS CAREFULLY

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

may have signed the tender for the conpany, must accompany the tender.

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

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

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

of a crossed demand draft of a local Bank drawn in favour of the Municipal Commissioner. Earnest

Money by cheque shall not be accepted.

(4) In view of the latest circular of IT Department IT clearance certificate is not required. However the

contractor shall give zerox copy of the PAN card. Also provide GST Number and necessary

documents as per Govt- resolution..

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

accompany the tender.

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

be executed in each case must accompany the tender.

(7) All pages of 'Scope of Work'& specification should be intialed by the contractor.

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

(9) Descripanciesand adjustment of errors:-Any error in quantity or amount in Schedule-`B' showing item

of words to be carried out shall be adjusted in accordance with the following rules:-

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

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

(b) In the event of and error occuring in the amount column of the Schedule- `B' showing items of

works as a result of worng multiplication of the unit rate and quantity, the units rate shall be

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

(c) All the errors in totalling in amount column and in carrying forwarded total shall be corrected.

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

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

originally tendered and considered for accetpance.

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

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

as per insiruction No.1 to 9 above are not compleied with before submitting the tender. Also

please read carefully the face sheet and "General Rules and Direction for the suidance of contractor"

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

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

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

the work or any conditions or correction made in any code or made of Schedule-`B' or

specifications.

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

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

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

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

attornythereofdoes not signed or the signature/s is/are not attested by awitness on page-9 of the

tender in the spacefor the purpose

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

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

tender or a certificate regarding the borrowing capacity if the society issued by the leagal Assistant,

Directorate of Cottage Industries will have to be produced alongwith the tender.

(13) (1) The serveral documents formining the contract are the essential part of the contract and

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

explantory and complementary and to described and provide for a complete work.

(2) In the event of any descrpeaney, the serveral documents forming the contract or in any the

document, the following order or precedence should apply:-

(a) Dimension & quantities :-

(ii) Schedule-B of the tender form.

(iii) Specification.

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

seeled dimensions.

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

(b) Description :

(i) Scheudule-B of the tender form.

(ii ) Drawings.

(iii) Specifications.

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

direction in what meanner the work is to be carried out it being understood that the best modern

practice is to followed. The contractor should forthwith comply with such instructions.

(3) The contractor should taken no advantage of any apparent error or ommission in drawings or

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

necessary to fulfil the intent of the Plans and specifications.

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

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

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

work and the period of maintance.

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

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

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

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

have to execute the concerned work/item as per the site condition and payment shall be made

accordingly as per the actual measurement of the particular item.

Executive Engineer

South Zone - B (Kanakpur)

Surat Municipal Corporation

Signature of the Contractor:

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

DECLARATION FORM

[1] I/We hereby declare that I/We have visited the site and fully acquainted myself/ourselves with the

local situation regarding Materials, labour and other factors pertaining to the work before submitting

[2] I/We hereby declare that I/We have carefully studied the conditions of contract for this contract

,specifications and other tender documents of this work and agree to execute the same accordingly.

Executive Engineer

South Zone - B (Kanakpur)

Surat Municipal Corporation

Signature of the Contractor:

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

INSTRUCTION TO TENDERERS

IT-01 GENERAL :

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

called. The work shall include supply and installation work.

IT-02 INVITATION TO TENDER:

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

work of Supply, Installation, Testing and Commissioning of 8/10 Passanger Lift (Ground

Plus 2 Upper Floor) for Health Center at mojeGabheni R.S. No.218/paikee (Amenities

space) in South Zone-B (Kanakpur) as per the specifications in the tender documents. The

tenders shall be opened in presence of opening authority Surat in the presence of tenderers or their

representatives who are present. The Corporation reserves the right to reject the lowest or any other

or all tenders or part of it which in the opinion of the Corporation does not appear to be in its best

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

employees, successors or assignees for rejection of his tender.

IT-03 LANGUAGE OF TENDER :

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

Information in any other language shall be accompanies by its translation in English. Failure to comply

with this may make the tender liable to reject.

IT-04 QUALIFICATIONS OF TENDERERS:-:-

(A) Tenderer shall be required to submit the enlisted documents along with Technical Bid, E.M.D.

and tender fees. If documents are insufficient or it does not match the required criteria

mentioned below, then the Price Bid of the tenderer shall not be opened.

Mainly tenderer shall fulfill following the pre-qualification.

(a) QUALIFYING CRITERIA OF BIDDER

Documents required for complete

Sr. No. Criteria

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

ending 31/03/2026, should be at least 30% of the estimated Accountant along with copy of

cost (i.e. 30% of Estimate Amount i.e.(Rs.3.75 Lakh) Balance sheets.

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

1.2 Solvency Certificate from bankers of schedule bank /

Fresh Solvency certificate from bankers of schedule bank / nationalized bank

nationalized bank. Minimum value of solvency shall be 20% of

estimated cost of the Tender (Solvency certificate should not

be older than One year from Last date of online Tender

(i.e. 20% of of Estimate Amount i.e. (Rs.2.50 Lakh)

2.0 Registration

2.1 Minimum "Experience"Registration Class with any Registration Certificate

government, semi government organization

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

3.0 Relevant Experience

3.1 Similar works during last 7 years. (Consider Similar work shall

mean SETC work of lift)

3.1.1 Three similar completed works, each costing not less than

amount equal to 40% of the estimated cost put to the tender

(i.e. 40% of of Estimate Amount i.e. (Rs.5.00 Lakh)

Attested copies of certificates

from head of the office concerned

3.1.2 Two similar completed works, each costing not less the

for completion of the works.

amount equal to 50% of the estimated cost put to the tender

Only Govt. or Semi Govt. Works

(i.e. 50% of of Estimate Amount i.e. (Rs.6.25 Lakh)

shall be considered for Similar

3.1.3 One similar completed works, each costing not less the

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

(i.e. 80%of of Estimate Amount i.e. (Rs.10.00 Lakh)

4.0 Other details

4.1 Black list.

The Bidders shall note that in case the Bidder is blacklisted /

stated as defaulter / barred participating in tenders by any of

government agencies / semi government agencies or any other

equivalent agencies during last 5 years then in that case, the

Bidders will be disqualified and will not be allowed to

participate in the bidding process, though bidder satisfies all AFFIDAVIT

the qualification conditions mentioned above. In this regard,

the decision of the Surat Municipal Corporation will be final

and binding to Bidder.

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

4.2 Works on hand & Litigation ANNEXURE-I & II

The Bidder including any Member shall provide details of all

their on-going projects along with stage of litigation, if so,

against the Employer / Governments.

5.0 The tenderer shall be the OEM itself or any other experienced agency/dealer who must be

auhorised by original OEM to quote this tender with assurance of full technical after sales support

during contract period (such assurance cum authority letter from OEM is must for bidders other

then OEM, without which offer/tender will be out rightly rejected)

NOTE:-Similar work shall mean SETC work of lift.

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

30% of Estimated Cost. An attested copy of annual turnover for last 3 years should be enclosed.

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

Tenderer has to submit higher amount of bank solvency if so desired by Commissioner, SMC (Solvency

certificate should not be older than One year from Last date of online Tender submission.)

(c) List of the works already completed in last 7 years in prescribed proforma as per Annexure-I and

attested copies of certificates from head of the office concerned for completion of the works.

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

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

Cut of month shall be considered from month of tender submission.

Financial Year Multiplying factor

Immediate last year of the assessment year* (2025-26)

 Here assessment year shall be reckoned from year and month in which tender is submitted.

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

Statement-A without accounting for the above mentioned factors.

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

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

performa as per Statement-B. Attested copies of work orders, interim certificates if any shall also be

attached as supporting documents.

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

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

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

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

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

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

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

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

in proof of the qualification requirements; and /or

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

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

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

corruption, coercive practice or debarred/blacklisted in last 05 years by Any Govt. /

Organization in respect of performance of Bidder, SMC authority requires that bidders under

this contracts, observe the highest standard of ethics during the procurement and execution of

such contracts.

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

fraudulent practices in competing for this contract or in past history and

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

Government/ PSU in last 05 years.

IT-05 TENDER DOCUMENTS :

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

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

requirement occurring in one shall be binding as though occurring in all. They are to be taken as

mutually explanatory and describe and provide for complete works.

IT-06 EXAMINATION BY TENDERERS :

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

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

Documents, (b) visit the site and determine local conditions which may effect the work including the

prevailing wages and other pertinent cost factors, (c) familiarize himself with all CENTRAL, State and

local laws, ordinance, rules, regulations and codes affecting the material supply including the cost of

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

determinations with the requirements of the Tender Documents.

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

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

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

and returned together with the Tender Security Bond by the stipulated date, which shall form the

The Tenderer is required to complete :

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

summary duly signed and stamped.

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

documents and the tenderer shall not take out or add to or amend the text of any of the documents

except in so far as may be necessary to comply with any addenda issued pursuant to Clause IT-17

IT-07 EARNEST MONEY DEPOSIT:

A. The Tender shall be accompanied by of Earnest Money Deposit Rs.12,500.00 The tenderer shall pay

Earnest Money Deposit by pay order/demand draft issued in favour of Commissioner, Surat Municipal

Corporation, Surat of below mentioned banks only. The Earnest Money Deposit in the form of FDR or

cheque shall not be accepted. The tenderer shall have to mention details of Earnest Money Deposit on

the seal cover of Earnest Money Deposit. The tender received without Earnest Money Deposit shall be

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

of the said banks only.

(A) Guarantees issued by following banks will be accepted as SD/EMD on permanent basis

 All Nationalized Banks

(B) Gaurantees issued by following Banks will be accepted as SD/EMD for the period up to March

2026 as per GR NO. FD/MSM/c-file/04/2024/2859/D.M.O. Dt. 01/05/2025. The Validity cut-off date in

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

the GR is with respect to the date of issue of Bank Guarantee irrespective of the date of termination of

Bank Guarantee.

1 AXIS Bank 23 South Indian Bank

2 AU Small Finance Bank 24 Standard Chartered Bank

3 Bandhan Bank 25 Tamilnadu Mercantile Bank

4 City Union Bank 26 Utkarsh Small Finance Bank

5 CSB Bank 27 YES Bank

6 DBS Bank India Limited 28 Ahmedabad Mercantile Co.op. Bank

7 DCB Bank 29 NutanNagarikSahakari Bank Ltd.

8 Dhanlaxmi Bank 30 Rajkot NagarikSahakari Bank Ltd.

9 Equitas Small Finance Bank 31 Saraswat Co-Operative Bank Ltd.

10 FEDERAL Bank 32 SBPP Co-Operative Bank Ltd.

11 HDFC Bank 33 SVC Co-Operative Bank LTD.

12 HSFC Bank 34 The Cosmos Co-Op Bank Ltd.

13 ICICI Bank 35 The Gujarat State Co-operative Bank

14 IDBI Bank 36 The Surat District Co-Operative Bank

15 IDFC First Bank 37 The Surat People’s Co-Op.Bank Ltd.

16 IndusInd Bank 38 The Baroda Central Co-operative Bank

The Panchmahal District Co-operative

17 Jammu and Kashmir Bank

18 Jana Small Finance Bank 40 The kalupur Commercial Co-op.Bank

The Karnatak Commercial Co-operative

19 Karnataka Bank

20 KarurVysya Bank 42 The BanaskanthaMercanttile Co-op Bank

21 Kotak Mahindra Bank 43 The BanaskanthaMercanttile Co-op Bank

22 RBI Bank 44 Gujarat Gramin Bank

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

tenderer fails to accept the contract and fails to submit the Performance Guarantee Bond to the

owner as stipulated in this tender documents within ten days after receipt of notice of award of

contract. In such case owner may disqualify the tenderer from tendering for further works,under

the jurisdictions of the Corporation (S.M.C.).

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

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

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

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

IT-08 INCOME TAX CLEARANCE CERTIFICATE

In view of the latest circular of IT Department IT clearance certificate is not required. However the

contractor shall give zerox copy of the PAN card.

IT-09 PREPARATION OF TENDER DOCUMENTS

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

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

English.All tender items and statements shall be properly filled in. Numbers shall be stated both in

words and in figures where so indicated, and signatures of all persons signing shall be in longhand.

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

documents and drawings. All witnesses and sureties shall be persons of status and probity and their

full names, occupations and address shall be stated below their signatures. All signatures in the Tender

Documents shall be dated.

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

Document in the space available and duly signed and stamped. Such variations may be approved or

refused by the Engineer at the time of adjudications of Tenders, and in either case the Engineer is not

obliged to give reasons for his decisions.

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

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

IT 10 SUBBMISSION OF TENDERER DOCUMENT

Following documents shall be submitted in hard copy to Surat Municipal Corporation:

 Earnest Money Deposit as mentioned in the Tender.

 Tender Fees as mentioned in the tender

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

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

Technical bid and price bid are not to be submitted in physical form. Please note that non submission of

Technical Bid as well as price bid in physical form does not absolve the bidders from any liability created

from the bid condition and bidding process. Technical-Bid and Price Bid in hard copy shall be submitted by

Successful bidder upon intimation from Surat Municipal Corporation.

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

 Demand Draft(D.D) /Bank Guarantee (B.G) for EMD & Tender Fee shall be submitted in electronic format

through online (By colored Scanning) while uploading the bid. This submission shall mean that EMD &

Tender Fee are received for purpose of opening the bid. Accordingly offer of those shall be opened whose

EMD & Tender Fee is received electronically. However, for the purpose of realization of D.D./B.G Bidder

shall send the valid D.D/B.G. in original through RPAD/Speed Post so as to reach to Accountant

Department (Main Office) within 7 Day from the last date of online submission of the bid or as per date

mentioned tender notice. In case of Non submission / receiving of Valid D.D./B.G in Original to Account

Department (Main Office) by bidder shall be initiated and necessary Punitive action shall be taken for

abeyance of registration and cancellation of E-tendering code for as follows.

 At first instance following amount is to be paid to SMC

Sr No. Tender Amount Amount to be paid

2 Above 1.00 Cr up to 10.00 Cr Rs. 20,000/-

3 Above 10.00 Cr up to 50.00 Cr Rs. 30,000/-

4 Above 50.00 Cr up to 100.00 Cr Rs. 70,000/-

 If bidder fails to submit the said amount within 10 days for the First instanceOR in case of second

instance of this similar of mistake i.e. non submission of Valid original Demand Draft (D.D.)/B.G. to the

Accounts Department (Main Office) within the specified time limit, punitive action of

abeyance/cancellation of E-tendering code for 6 months shall be taken.

 Any documents in supporting of bid shall be in electronic format only through online (By colored

Scanning) & hard copy will not be accepted separately.”

 “Following Documents shall only be submitted in HARD COPY as well as upload online to Surat Municipal

Corporation by all bidders.”

 Earnest Money Deposit as mentioned in tender. (i. e. D.D. / Pay Order/B.G.)

 Tender Fees as mentioned in the tender.

 Affidavit on Non Judicial Stamp Paper of Rs. 300.00 (Annexure -A

 Undertaking on Non Judicial Stamp Paper of Rs. 300.00 (Annexure -B )(Only For a Tender Estimate

Amount More than 1.00 Cr.)

(i) COVER-1 : Technical Bid

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

1.E.M.D and Tender Fees for the work ofSupply, Installation, Testing and Commissioning of 8/10

Passanger Lift (Ground Plus 2 Upper Floor) for Health Center at mojeGabheni R.S.

No.218/paikee (Amenities space) in South Zone-B (Kanakpur).along with other Documents in

Hard Copy upto Dt.31/08/2026 up to 18:00 hrs. Also mention the name of tenderer, address, tender

notice number etc. on the cover.

2.(ii) PRICE BID Price bid for the work of Supply, Installation, Testing and Commissioning of 8/10

Passanger Lift (Ground Plus 2 Upper Floor) for Health Center at mojeGabheni R.S.

No.218/paikee (Amenities space) in South Zone-B (Kanakpur). shall be submitted online.

3.The name of work to be written on cover shall be Supply, Installation, Testing and Commissioning

of 8/10 Passanger Lift (Ground Plus 2 Upper Floor) for Health Center at mojeGabheni

R.S.No.218/paikee (Amenities space) in South Zone-B (Kanakpur) . Also mention the name and

the address of tenderer, tender notice number on the cover and to be submitted to the Chief Accountant,

Surat Municipal Corporation, Muglisara, Surat – 395

2. Tenderer shall be required to submit the enlisted documents as mentioned below in Cover-1. If

necessary document founds insufficient then the Price Bid of the tenderer shall not be opened.

(a) The tender shall be accompanied by Earnest Money Deposit of Rs. 12,500.00 The tenderer

will pay Earnest Money Deposit by Pay Order/Demand Draft issued in favour of

"Commissioner, Surat Municipal Corporation, Surat" by Nationalized Bank.

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

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

relevant Page of the tender documents.

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

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

qualifications and experience.

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

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

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

and has made himself aware of the scope and specifications of the work to be done and of

conditions and nature of required quantities of Materials stores, tools and plants etc. that may be

required by him in carrying out the work and of local conditions and laws and bylaws of the

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

Government, Surat Municipal Corporation and other factors bearing influence on the execution and

cost of the works.

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

A.D. or by Speed Post through Postal Authority only by the "Chief Accountant, Surat Municipal

Corporation, Muglisara, Surat-395003 upto 31/08/2026up to 18:00 hrs.

The same will be opened probably on the 25/08/2026, 11:00 hrs (Technical Bid- Soft Copy)(Probable)

& 02/09/2026, (Technical Bid-Hard copy) onwards (Probable) in the presence of the tenderers, who

shall remain present in the office of "Tender opening officer, Surat Municipal Corporation, Surat. Late

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

received before the time of opening but after due date and the time of receipt of tender) shall not

be considered at all. Tenders received by Registered Post A.D./ Speed Post after the time and the

date specified in the tender notice shall not be received by the client from the postman. Such

tenders if received will not be opened and will stand rejected.

6. Tender shall stand rejected if:

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

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

the notice tender documents, failing which the tender will be liable for rejection.

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

without assigning any reason for the same.

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

5. Stipulates his own conditions.

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

taxes in his rates.

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

8. Does not pay the Earnest Money Deposit by Demand Draft/Pay order and Tender Fees with

Technical Bid (Cover-1).

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

10. Does not attached the document mentioned.

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

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

allowed for carrying out the work or any other condition.

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

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

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

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

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

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

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

reject any or all quotations/tenders and no reasons will be given for acceptance or rejection thereof.

12. The contractor shall also attach list of machineries, tools, plants, equipments which he propose to

deploy for this work.

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

14. Tender once accepted shall be binding on the contractor even if the formal agreement is not signed.

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

department, Surat Municipal Corporation, Surat.

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

placing the work order for the said work from SMC.

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

paper if so desired by the Municipal Commissioner.

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

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

it will be presumed the prices quoted are inclusive of the all taxes and no claim will be entertained

for payment of extra taxes on the bills submitted by them.

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

21. Surat Municipal Corporation reserves the right to open or not to open any or all Price-bid without

assigning any reason thereof.

IT-11 TENDER VALIDITY PERIOD

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

The validity period of the tender submitted for this work shall be of one hundred twenty (120)

Calendar day from the last date of online submission of tender and that the tenderer shall not be

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

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

conditions of his own in his tender. If this is done then the owner shall, without prejudice to any right

or remedy, be at liberty to reject the tender and forfeit the Earnest Money Deposit in full.

IT-12 SIGNING OF TENDER DOCUMENTS

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

he tender is made by a Proprietary firm it shall be signed by the proprietor above his name and the

name of his firm with his current address.

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

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

signing the Tender in which case a certified copy of the power of attorney shall accompany the

Tender. A certified copy of the partnership deed, current addresses of all the partners of the firm

shall also accompany the tender.

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

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

power of attorney shall accompany the Tender. Such limited company or Corporation may be required

to furnished satisfactory evidence of its existence before the contract is award.

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

addresses shall be stated below their signatures. All signatures in the Tender document shall be dated.

IT-13 WITHDRAWAL OF TENDERS

If, during the Tender validity period, the Tenderer withdraws his Tender, the Tender Security (Earnest

Money) shall be forfeited and the Tenderer may be disqualified from tendering for further works

under the jurisdiction of Surat Municipal Corporation.

IT-14 INTERPRETATIONS OF TENDER DOCUMENT

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

conditions and matters which may in any way effect the work or the cost thereof. Should a tenderer

find discrepancies or omission from the specifications or other documents, or should be in doubt as

to their meaning, he should at once address querry to the Divisional Head provided for concerned

authority as referred in the Tender Document in Clause GC-01 (Definitions and interpretations) of the

(General Condition of Contract). Any resulting interpretation of the Tender documents will be issued to

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

all Tenderers as an addenda corrigendum. Verbal clarification and / or information given by the SMC /

Consulting Engineer shall not be binding on the Municipal Corporation.

IT-15 ERRORS AND DISCREPANCIES IN TENDERS

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

prevail and apply in such cases.

IT-16 MODIFICATION OF DOCUMENTS

Modification of specifications and extension of the closing date of the tender, if required, will be

made by an addendum. Copies of each addendum will be sent to all tenderers. These shall be Signed

and shall form a part of tender. The tenderer shall not add to or amend the text of any of the

documents except in so far as may be necessary to comply with any addenda.

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

preparation of tenders. Tenderers shall verify the number of addenda issued, if, any and acknowledge

the receipt of all Addenda in the Tender. Failure to acknowledge may cause the Tender to be rejected.

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

Such addenda may modify previously issued Addenda.

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

IT-18 TAXES AND DUTIES ON MATERIAL

GST (Goods & Service Tax) has come in existence from 1st July, 2017. Contractor/ Successful Bidder is

bound to pay any amount of GST proscribed by the govt. of India as per the Terms of Contract agreed

upon during the course of execution of this contract.

During the course of execution of Contract, if there is any change in Rate of GST (Goods & Service Tax)

by the Government, the same shall be reimbursed/ recovered separately by SMC, subject to the

submission of Original Receipt/ Proof for the amounts actually remitted by the successful Tenderer/

Contractor to the competent Authority along with a Certificate from Chartered Accountant of

Contactor/ Successful Bidder certifying that the amount of GST paid to the Government and the same

shall be intimated/ submitted/ claimed within 30 (thirty) Days from the date of payment Remittance of

GST within stipulated period shall be the sole responsibility of the successful Bidder/ Contractor, failing

which, SMC may recover the amount due, from any other payable dues with SMC and decision of

Municipal Commissioner shall be final and binding on the Contractor / Successful Bidder in this regard

Further, non-payment of GST to the Government may lead to the termination of contract and

forfeiture of Security Deposit/ Performance Guarantee Amount.

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

If imposition of any other new Taxes/ Duties/ Levies/ Cess or any other incidentals etc. or any increase

in the existing Taxes/ Duties/ Levies/ Cess or any other incidentals etc. (Excluding GST ) are imposed

during the course of the contract, the same shall be borne by the Contractor/ Successful Bidder only,

in no case SMC shall be liable for the same.

As per the central goods and Service Tax Act-2017 Any Goverment department, local bodies and

government undertaking public adventures published tenders amounting more thenRs. 2,50,000 &

which commodities / servies are comes under taxation than 2% TDS (1% for SGST & 1% for CGST)

should be deducted. And if commodities/Servies are provided from interstate then 2% TDS should be

deducted of IGST.

1% Construction Cess will be deducted from respective R.A. Bill and Final bill in accordance with the

prevailing norms of Govt. of Gujarat, if applicable.

IT-19 EVALUATION OF TENDERS

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

IT-20 EVALUATION OF TIME REQUIRED FOR COMPLETION

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

completion schedule attached with the tender. The completion period mentioned in this schedule is to

be reckoned from 11th day from the date of work order to proceed. Total completion period is calendar

months from 11th day from date of issue of work order and tenderers should adhere to this delivery

IT-21 POLICY FOR TENDER UNDER CONSIDERATION

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

official announcement of award is made.

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

are advised to refrain from connecting by any means Municipal Corporation or representatives on

matters related to the tenders under study. The Engineer's representative if necessary will obtain

clarification on tenders by requesting information from any or all the tenderers either in writing or

through personal contact, as may be necessary. The tenderers will not be permitted to change the

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

tender liable for rejection.

IT-22 PRICES AND PAYMENTS

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

total works quoted for and include all costs due to Materials labour, equipment, supervisions, other

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

services, royalties and Octroi etc. and to include all extras to cover the cost. No claim for additional

payment beyond the prices quoted will be entertained and the tenderer will not be entitled

subsequently to make any claim on any ground excepting for the condition laid down in GC-35 (Price

IT-23 PAYMENT TERMS

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

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

payment terms. Tenderers should therefore in their own interest note this provision to avoid rejection

of their tenders.

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

in the Notice Inviting Tenders.

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

Tenderer shall execute the Contract Agreement within the time stated in the Notice Inviting

Tenders and shall furnish the Bond as required herein. The Contract Agreement shall be executed

in the form stipulated by the owner. A copy of the required form is included in the contract

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

within the stated time limit or fails or refuses to furnish the Bond as required herein, the SMC may

annul his award and declare the tender security forfeited.

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

Award shall furnish evidence of its existence and evidence that the officer signing the Contract

Agreement & Bonds for the Corporation, partnership firm or other consortium acting as the

Tenderer is duly authorised to do so.

IT-25 SIGNING OF CONTRACT :

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

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

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

document shall be person detailed in Article IT-12.

IT-26 DISQUALIFICATION :

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

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

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

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

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

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

other language adopted for tender preparation.

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

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

(f) The tenderer does not agree to deposit security amount as specified (as per Article IT-25 i.e.

Signing of Contract).

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

(h) Conditional tender.

A. Tenderer may further be disqualified if :

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

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

in tender documents.

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

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

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

(f) Any erasure is made in the tender.

IT-27 PERFORMANCE GUARANTEE (SECURITY DEPOSIT)

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

Deposit) for amount equal to Two percent (2%) of the contract price to guarantee the faithful performance

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

specified herein and to the satisfaction of theEngineer and ensuring the discharge of all obligations arising

from the execution of contract, inone of the forms mentioned below.

(a) Initial Security Deposit of 2% (Shall be Released after completion of final bill& on completion of audit

related procedure)

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

(b) 5% Retention money to be deducted from each running bills (Shall be Released with final bill)+ 2%

Securutydeposit to be deducted from each running bills (Shall be Released after completion of final bill as well

as defect liability period & on completion of audit related procedure)

Note: 2% Initial Security deposit shall be deposited in the form of Cash/DD/Pay order only.

Security deposit shall be paid in time and if it is paid after ten (10) days from the date of preliminary work

order then the penalty of 0.065 % per day of the amount of security deposit shall be recovered from the

contractor while receiving the security deposit. On due performance and completion of the contract in all

respects, the performance guarantee (security deposit) will be returned to the contractor after the defect

liability period and on completion of audit related procedure. It is clarified that the amount of security deposit

shall be collected on the basis of Contract Price and not on the basis of estimated amount put to tender. As

initial Security Deposit Two percent (2%) of the tendered amount accepted by the competent authority shall

have to be paid towards security deposit at the time of execution of agreement. This will be known as initial

security deposit which will be released after the total completion of contract after completion of final bill & on

completion of audit related procedure.

Five percent (5%) shall be deducted from running bills as retention money.

IT-28 STAMP DUTY

The successful tenderer shall have to enter into an agreement on a non-judicial stamp paper of Rs.4.90

% of S.D. Amount, if S.D. Amount in FDR and otherwise as per the form of the agreement approved by

the Municipal Corporation, Surat.

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

The Undertaking and Surety shall be executed on stamp paper worth Rs. 300.00/- + Rs.300.00/-.

IT-29 BRAND NAMES :

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

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

and thetenderer in such cases, may at their option freely use any other product, provided that it

ensures and equal or higher quality than the standard mentioned and meets Municipal Corporation

IT-30 NON-TRANSFERABLE

Tender documents are not transferable.

IT-31 COST OF TENDERING

The owner will not defray expenses incurred by Tenderers in tendering.

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

IT-32 DEFECT OF TENDER

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

of the tenders for this work and that the tenderer shall not be allowed to withdraw or modify the offer

on his own during the period. If any tenderer withdraws or makes any modifications or additions in the

terms and conditions on his own, then the Municipal Corporation, shall without prejudice to any right

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

IT-33 CHANGE IN A QUANTITY

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

one or all tenders without assigning any reasons for such rejections and also to very to quantities of

items or group as specified in the Schedule of price as may be necessary. Claim what so ever by the

contractor on the basis of variation of quantities shall not be entertained.

IT-34 NEW EQUIPMENT AND MATERIAL

All Materials, equipment and spare parts thereof shall be new, unused and originally coming from

manufacturer's plant to the Corporation. The rebuilt or overhauled equipment/Materials will not be

allowed to be used on work.

IT-35 RIGHTS RESERVED

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

tender without assigning any reasons. The SMC further reserves the right to withhold issuance of the

notice to proceed, after execution of the contract agreement, for the period of time stated in the

notice inviting tenders and no additional payment will be made to the successful tenderer on account

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

IT-36 Municipal Commissioner reserves the right to reduce the scope of work and split the tender in two or

more parts without assigning any reason even after the award of contract.

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

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

the work in accordance with the details specifications. No conditions will be accepted. The conditional

tender will be liable to be rejected.

IT-39 The surplus excavated earth, after backfilling the trenches shall have to be removed from the site as

directed. After compaction and consolidation, if any short fall of earth is found then contractor has to

bring the same to the required quantity in order to meet shortfall at his own cost. More over, if any

settlement of road after reinstatement is observed during the defect liability period of the work.

Contractor shall be fully responsible for the defective work and patches/ depression / settlement shall

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

be repaired with quarry spoil or metal at contractor's own cost. If contractor fails to repair the patches

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

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

GST CLAUSE FOR CONSTRUCTION / ERECTION / COMMISSIONING / INSTALLATION /

REPAIRS / MAINTENANCE / RENOVATION / FABRICATION OF STRUCTURE INCLUDING BUILDING (MEANS ALL

WORKS CONTRACT / TURN KEY PROJECTS / SUPPLY OF MATERIAL /GOODS).

GST (Goods & Service Tax) has come in existence from 1st July, 2017. Contractor / Successful Bidder is

bound to pay any amount of GST prescribed by the Govt. of India as per the Terms of Contract agreed

upon during the course of execution of this Contract.

During the course of execution of Contract, if there is any change in Rate of GST (Goods & Service Tax)

by the Government, the same shall be reimbursed / recovered separately by SMC, subject to the

submission of Original Receipt / Proof for the amounts actually remitted by the Successful Tenderer /

Contractor to the Competent Authority along with a Certificate from Chartered Accountant of

Contractor / Successful Bidder certifying that the amount of GST paid to the Government and the same

shall be intimated / submitted / claimed within 30 (Thirty) Days from the date of payment. Remittance

of GST within stipulated Period shall be the sole responsibility of the Successful Bidder / Contractor,

failing which, SMC may recover the amount due, from any other payable dues with SMC and decision

of Municipal Commissioner shall be final and binding on the Contractor / Successful Bidder in this

regard. Further, the non-payment of GST to the Government may lead to the termination of contract

and forfeiture of Security Deposit / Performance Guarantee Amount.

If imposition of any other new Taxes / Duties / Levies / Cess or any other incidentals etc. or any

increase in the existing Taxes / Duties / Levies / Cess or any other incidentals etc. (Excluding GST) are

imposed during the course of the contract, the same shall be borne by the Contractor / Successful

Bidder only, in no case SMC shall be liable for the same.

The Contractor will submit the invoice to the SMC having GSTIN of SMC mentioned therein and the

taxes shall be shown separately on the face of the Invoice so as to claim as ITC by SMC.

IT-41 No escalation charge/rates shall be paid by SMC in anycase.

IT-42 Contractor must be submitted The cement/steel/Chemical Bill (Original Bill) billwise.

IT-43 Contractor must be submitted royalty pass(zerox).

IT-44 All the taxes should be bear by agency & it should be applicable as per government resolution (of

change periodically) & No compensation/Reimbersion should be given to theagency.

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

IT-45 TAX INVOICE FOR PAYMENT OF WORK (AS PER GST RULES)

The contractor shall submit all bills on the Prescribed format, include in Tender for purpose of

payment of the work to the office of the Engineer-in-charge.

Executive Engineer

South Zone-B (Kanakpur)

Surat Municipal Corporation

Signature of the Contractor:

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

SURAT MUNICIPAL CORPORATION

PERCENTAGE RATE TENDER & CONTRACT FOR WORKS

GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF CONTRACTORS :-

(1) All work proposed to be executed by contract shall be notified in a form of invitation to tender

pasted on a board hung up in the office of the Engineer & signed by the Engineer.

This form will state the work to be carried out as well as the date/or submitting and opening

tenders and the time allowed for carrying out work, also the amount of earnest money to be

deposited with the tender and the amount of the Security Deposit to be paid by the successful

tenderer and the percentage, if any, to be deducted from bills. It will also state whether a refund of

quarry fees, royalties, octroi dues and ground rent will be granted. Copies of the specifications,

designs and drawings and estimated rated scheduled rates and any other documents required in

connection with the work which shall be signed by the Engineer- in-charge for the purpose of

identification shall also be open for inspection by contractors at the office of the Engineer-in- charge

during office hours.

Where the work are proposed to be executed according to the specifications recommended by a

contractor and approved by a competent authority on behalf of the corporation, such specifications

with designs and drawings shall form part of the accepted tender.

(2) In the event of the tender being submitted by a firm, it must be signed separately by each partner

thereof, or in the event of the absence of any partner,it shall be signed on his behalf by a person

holding a power of attorney authorising him to do so.

(3) Receipts for payments made on account of any work,when executed by a firm, shall also be signed by

all the partners, except where the contractor are described in their tender as a firm, in which case

the receipts shall be signed in the name of the firm by one of the partners or by some other persons

having authority to give effectual receipts for the firm.

(4) Any persons,who submit tender shall fill up the usual printed form including the `Column' total

according to estimated quantities, stating at what rate he is willing to undertake the each item of the

works, Tenders which proposal any alterations in the work specified in the said form of invitation to

tender or in the time allowed for carrying out the work or which contain any other conditions of

any short, will liable to be rejection No.single tender include more than one will liable to be

rejection No. single tender include more then one work but contractors who wishs to tender for each.

Tender shall have (to which they refer) written outside the envelope.

(5) The Commissioner or his duly authorised assistant shall open tender in the presence of any intending

contractors who have submitted tender or their representatives who may be present at the time.In

the event of a tender being accepted, the contractor shall there upon for the purpose of

identification, sign the copies of the specifications and other documents mentioned in this tender. In

the event of the tender being rejected, the divisional officer shall authorised the accountant to

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

refund the amount of earnest money deposited to the contractor making the tender on his giving a

receipt for the returned of the money.

(6) The officer competent to dispose of the tender shall have the right of rejecting all or any of the

(7) No receipts for any payment alleged to have been made by a contractor in regard to any matter to

this tender shall be valid and binding on corporation unless it is signed by the Engineer-in- charge.

(8) The memorandum of work to be tendered for and the schedule of Materials to be supplied by the

concern department and their rates shall be filled in and completed by the officer of the Engineer- in-

charge before the tender form is issued. If a form issued an intending tenderer has not been so

filled in and completed, he shall request the said officer to have this done before he completes

and delivers his tender.

(9) All works shall be measured net by standard measure and according to the rules and customs of the

Public Works Department without reference to any local custom.

(10) Under no circumstances shall any contractor be entitled to claim enhanced rates for any items in this

(11) Every contractor shall unless excepted in writing by the Zonal Chief concerned, produced

alongwith the tender, a solvency certificate of his financial stability from the Collector of the

District within which he resides or a Bankers certificates. If he fails to produce such a certificate, his

tender may not be considered.

(12) All corrections and additions or pasted slips should be initiated.

(13) The measurement of work will be taken according to the usual method in use in the public works

department and no proposals to adopt alternative methods will be accepted. The Engineer-in-charge

decision as to what is "the usual method in use in the public works department" will be final.

(14) A.The Insurance Company's bond will not be accepted against the Security Deposit.

(15) The contractor shall have to attach to his tender Income Tax Clearance Certificate to be obtained

from the Income Tax Officer.

(16) The Contractor will have to construct a shed for storing control and valuable Materials issued to him

under Schedule-`A' of the agreement at work site having double locking arrangement. The

Materials will then be taken for use in the presence of the department person. No Materials will be

allowed to be removed from the site of work except with the written permission from Engineer- in-

(17) No foreign exchange will be released by the Corporation for the purpose of plant and machineries

required for the execution of the work contracted for.

(18) Controlled Materials (Essentiality certificate)

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(i) As regard controlled Materials the Corporation will help to arrange for the permit as far as

possible and help the contractor in securing for the permit as far as possible and help the contractor

in securing the same. All incidental charges met with in procuring these Materials shall be borne by

the contractor himself. Though the Corporation will help to arrange for the permit as far as

possible and help the contractor in obtaining the Materials it shall not accept any responsibility for

any delay or loss on account of delay caused to the contractor while obtaining the same.

(ii) The contractor shall submit to Engineer-in-charge on Close of every calender months, the monthly

returns in the prescribed forms as to the receipt and actual use of the controlled Materials during

(iii) The contractor shall permit the Engineer- in- charge or his representatives to inspect the stock

of the controlled Materials stored by him at any time, whenever the Engineer-in- charge or his

representatives so desired (s).

(19) The tender for work shall remain open for a period of 120 days from the last date of online submission

of tender for this works and that the tenderer shall not be allowed to withdraws or modify the offer

on his own during this period. If any tenderer withdraws or makes any modifications or addition/s in

the terms and conditions of his tender, not acceptable to the corporation them the corporation shall

without prejudice to any right or remedy be at liberty in full the said earnest money absolutely (in

figures as well as in words). This Blank Space should be filled in while preparing the draft tender

(20) The contractor shall employee only such labourer who shall produce a valid certificate of having been

vaccinated against small pox within a period of last 3 years.

(21) Tenderer should submit True Copy of the Certificate of Registration alongwith the tender

without which the tender will not be considered.

(22) The contractor shall have to give in writing the date completion of the work within a fortnight from

the date of work completed by him. Otherwise the date noted on the record by the department

shall be reawakened as final and no excuse or representation in that behalf shall be entertained at

(23) "What ever sales tax is levied by the Government on works contract and if paid by the contractor in

the first instance, shall be refunded to the concerned contractor by Corporation.

Executive Engineer

South Zone-B (Kanakpur)

Surat Municipal Corporation

Signature of the Contractor:

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

GENERAL CONDITION OF CONTRACT

GC-01 DEFINITIONS AND INTERPRETATIONS

1.0 In the contract documents, as herein defined the following words and expression used shall,

unless, repugnant to the subject or context thereof, have the following meanings assigned to them.

1.1 The "Owner/Municipal Corporation, Suratrepresen-ted by Municipal Commissioner/Add.City

Engineer, any officer authorised by the Municipal Corporation.

1.2 The "Contractor" shall mean the person or the persons, firm of company whose tender has been

accepted by the owner and includes his legal representative successors and permitted assignes.

1.3 The "Engineer-in-charge" shall mean the person designated as such by the owner from time to time

and shall include those who are expressly authorised by the Municipal Corporation to act for and

on its behalf for the operation of this contract.

1.4 "Engineer - in - charge's Representative" shall mean any Engineer or Asstt. to the Engineer-in-

charge designated from time to time by the Engineer-in-charge to perform duties set forth in the

Tender documents whose authority shall be notified in writing to the Contractor by the Engineer-

1.5 "Tender" The offer or proposal of the Tenderer submitted in the prescribed form setting forth the

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

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

1.7 "Addenda" shall mean the written or graphic notices prior to submission of tender which modify

or interpret the contract documents.

1.8 "Contract Time" - The number of consecultative calendar months for the completion of work as

stated in the executed contract agreement.

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

therein all contract documents.

1.10 "Tender document" shall mean Designs, Drawings, specifica- tions, agreed variations, if any, and such

other documents constituting the tender and acceptance thereof.

1.11 "The Sub-Contractor" means any person, firm or company (other than the contractor) to whom

any part of the work has been entrusted by the Contractor with the written consent of the

Engineer-in-charge and the legal personnel representative, successors and permitted assigness of

such person, firm or company.

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1.12 "The Specifications" shall mean all directions' the various technical specifications provisions and

requirements attached to the contract which pertain to the method and manner or performing the

work to the quality of the work and the Materials to be furnished under the contract for the work

and any order(s) or instruction (a) thereunder. It shall also mean the latest Indian Standards

Institution Specifications for or relative to the particular work or part there of, so far as they are

not contrary to the Tender specifications or I.S.I. specifications, and in absence of any tender

specifications, the specifications of any other country applied in India as a matter of Standard

Engineering practice and apprroved in writing by the Engineer-in-charge with or without modifications.

1.13 The "Drawing" shall include maps, plans, tracings or prints thereof with any modifications approved in

writing by the Engineer-in-charge and such other drawings, as may, from time to time, be furnished

or approved in writing by the Engineer-in-charge in connection with the work.

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

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

required for the purpose of the Contract. It shall mean the totally of the work by expression or

implication envisaged in the contract and shall include all material, equipment and labour required

for or relative or incidental to or in connection with the commencement, performance and

completion of any work and/or for incorporation in the work.

1.15 The "Permanent work"means works which will be incorporation in and form part of the work to be

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

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

execution, completion and maintenance ofthe work.

1.17 "Site shall mean the land and other place on, under, on or through which the work is to be carried

out and any other lands or places provided by the Municipal Corporation for the purpose of the

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

1.18 "The Construction Equipment" means all appliance/equipments of whatever nature required in or for

execution, completion or maintenance of work or temporary works (as hereinafter defined) but does

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

1.19 "Notice in Writing or Written Notice" means a notice written, types or printed form delivered

personally or sent by Regisgered post to the latest know private of business address at

Registered Office of the Contractor.

1.20 The "Alteration/Variation order" means an orders given in writing by the Engineer-in-charge to

effect additions to or deletion from and alterations in the work.

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

provisions of the Contract.

1.22 The "Completion Certificate" shall mean a certificate to be issued by the Engineer-in-charge when

the work has been completed to his satisfaction.

1.23 The "Final Certificate" shall mean the final certificate issued by the Engineer-in-charge after the

work is finally accepted by the owner.

1.24 "Defect Liability Period" shall mean the specified period between the issue of completion Certifi-cate

and the final certificate as specificed in the tender.

1.25 "Approved" shall mean approved in writing including subsequent modification in writing of

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

1.26 "Letter of Acceptance"shall mean an intimated by a letter to tenderer that the tender has been

accepted in accordance with provisions contained therein.

1.27 "Order" and "Instruction" shall respectively mean any written order or instruction given by the

Engineer-in- charge within the scope of his powers in terms of the Contract.

1.28 "Running Account Bill" shall mean a Bill for the payment of "On Account" money to the contractor

during the progress of work on the basis of work done and the non-perishable Materials to be

incorporated in the work supplied by the Contractor.

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

performance of contractual obligations.

1.30 "The appointing authority" for the purpose of Arbitration shall be the Municipal Commissioner,

Surat Municipal Corporation, Surat.

1.31 Retention Money shall mean the money retained from R.A.Bill for due completion of "NET WORK'.

1.32 Unless otherwise specifically stated, the masculine gender shall include the faminine and natural

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

GC-02 LOCATION OF SITE AND ACCESSIBILITY

The site of works is within the limits of Surat Municipal Corporation. It is served by all weather roads and

Western Railway Broad Guage line, Government Irrigation Canal Crossing. The intending Tenderer should

inspect the site and make himself familier with site conditions and available communication facilities. Non

availability of access/roads shall in no case be the cause to condon any delay in the execution of the work or

be the cause for any claims or extra compensation.

GC-03 SCOPE OF WORK

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The scope of work is defined broadly in the specifications. The Contractor shall provide all necessary Materials

equipment and labour etc. for the execution and of the work till completion. All Materials that go with the

work shall be approved by the Engineer-in-charge prior to procurement and use.

Owner at his discretion may endeavour to provide water to the Contractor at the owner's source of supply at

one point at the rate charged for such works.

The contractor shall make his own arrangement for the distribu- tion pipe net works from the source of

supply after getting prior permission for the same from the Engineer-in-charge. Supply of water shall not be

free and the necessary charges as fixed by the Local Body shall have to be paid by the contractor.

However,owner does not guarantee the supply of water and this does not relieve the contractor of his

responsibility in making his own arrangements and for the timely completion of the work as stipulated.

The Contractor shall have to make his own arrangement for power supply. However, Contractor shall be

allowed to use electricity only for the repair &maintenace activity from the existing power supply free of cost,

if the same is available, at site.

LAND FOR CONTRACTOR'S FIELD OFFICE, GODOWN & WORKSHOP

Owner will not be a position to provide land required for Contractors shall have to make his own

arrangement for the same. No land will be provided by S.M..C. to the contractor for constructing his labour

and supervisory comp and other service facilities.

GC-04 RULLING LANGUAGE

The language according to which the contractor shall be constructed and interpreted shall be English. All

entries in the contract documents and all correspon-dence between the contractor and the Municipal

Corporation or the Engineer shall be in English. All dimensions for the Materials shall be given in metric

GC-05 INTERPRETATION OF CONTRACT DOCUMENT

1. The provisions of the General Conditions of Contract shall prevail over those of any other documents

of the contract unless specifically provided otherwise. Should there be any discrepancy,

inconsistency error or ommission in the several documents forming the contract, the matter may

be referred to the Engineer-in-charge for his instructions and decision. The Engineer-in-charge's

decision in such case shall the final and binding to the contractor.

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

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

specifications and shown on the drawings.

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3. The heading and the marginal notes to the clauses of those general conditions of contract or to the

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

indication and not a summary of contents thereof or be used in the interpretation or construction

thereof of the contract.

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

and vice versa wherever the context so requires. Works implementing persons shall include relevant

corporated companies/ registered associations / body of individual / firm of partnership.

5. Not with standing the sub-divisions of the documents into separate sections and volumes every

partof 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 ar variance with any

provisions of the conditions of contract, then, unless a different intension appears, the provisions of

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

Contract and shall to the extent of such repugnancy or variance prevail.

7. The Materials, Design and Workmanship shall satisfy the relevant I.S.S.and Codes referred to. If

Additional require- ments are shown in the specifications, the same shall be satisfied over and above

I.S.S. and Codes.

8. If the specification mention that the contract shall perform certain work or provide certain facilities,

it will mean that the contractor shall do so at his own cost.

9. The correctness of the details given in the tender documents is not guaranteed. The contracotr shall

independently obtain all necessary information for making the tender. The contractor shall be

deemed to have examined the Contract Documents, to have generally obtained his own information

in all matters that might affect the carrying out of the work or the Tenderer rates. Any error in

description of quantity or commission there from shall not vitiate the contract or release the

contractor from executing the work comprised in the contract according to the Drawings and

specifications at the tendered rates. He is deemed to have known the scope, nature and magnitude

of the work and the requirements of Materials and labour involved and as to what all works he has to

complete in accordance with the contract what-soever be the defects, omissions, or errors that may

be found in the contract documents. The contractor shall be deemed to have visited the site and the

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

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

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

access and agrees from the site, to have made inquires, examined and satisfied himself as to the sites

for obtaining sand, stones, bricks and other Materials, the sites for disposal of surplus Materials,

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

the available accommodation as to whatever required, the depicts and such other buildings as

may be necessary for executing and completing the work, to have local independent inquiries as to

the subsoil, subsoil water and variation thereof, storms, prevailing winds, climatic conditions and all

other similar matters effecting the work. He is deemed to have acquintedhimself as to his liability for

payment of Government taxes, custom duty and other charges.

Any neglect or failure on the part of the contractor in obtaining necessary and reliable information upon

the forgoing or any other matters affecting the contract shall not relieve him from any risks or liabilities or

the entire responsibility from completion of the work at the tendered rates and time in strict accordance

with the contract documents.

No verbal agreement or inference from conversation with any officer or employee of the worner either before

or after the execution of the Contract Agreement shall in any way effect or modify any of the terms of

obligations herein contained.

GC-06 CONTRACTOR TO UNDERSTAND HIMSELF FULLY

The contractor by tendering shall be deemed to have satisfied himself, as to consideration and

cirucmstances affecting the tender price, as to the possibility of executing the works as shown and

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

have understand that no additional allowances except as otherwise expressely provided, will after words

be made beyond the contract price. The contractor shall be responsible for any misunder-standing or

incorrect information given in writting by the Engineer.

GC-07 ERROR IN SUBMISSION

The contractor shall be responsible for any errors or ommissions in the particulars supplied by him.

Whether such particulars have been approved by the Engineer or not, provided that such discrepancies, errors

or ommissions be not due to inaccurate information or particular furnished in writing to the Contractor by

the Municipal Corporation or the Engineer.

GC-08 SUFFICIENCY OF TENDER

The Contractor shall be deemed to have satisfied himself before tendering as to the correctness of the tender

rates which rates shall, except as or other wise provided for, cover all the Contractor's liabilities and obligation

set forther or implied in the contract for the proper execution of work for compliance with requirements of

Article GC-19 thereof.

GC-09 DISCREPANCIES

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

drawings being followed in preference to small scale drawings and figures dimension in preference to scale

and preference to general conditions. Special direction ordimen- sions given in the specifications shall

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

supersede all else. Should any discrepanies however, appear or should any misunderstanding arise as to

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

Materials or the due and proper execution of the works, or as to the measurement or quality and valuation of

the works executed under this contract or as extra there upon the same shall be explained by the

Engineer-in-charge and his explanation shall subject to the final decision of the Additional City Engineer,

in case reference be made to him, be binding upon the contractor shall execute the work according to such

explanation (subject to aforesaid) and without addition to or deduction from the contract and shall also do

all such works and things necessary for the proper completion of the works as implied by the Drawings

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

specifications. In cases where not particular specifications are given for any article to be used under the

contract, relevant specifications of the Indian Standard Institution shall apply.

GC-10 PERFORMANCE GUARANTEE : (Security Deposit)

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

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

Amount of work is less than Rs. 2.00 crore.

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

Guarantee (encashable at Surat city)/ FDR if the tender Amount of work is more than Rs. 2.00 crore&

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

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

(within 10 days of the receipt by him of the notification of the acceptance of his tender) deposit with Municipal

Commissioner cash or Government securities endorsed to the Commissioner sum sufficient which will make up

the full security deposit specified in the tender.

If the amount of the security deposit to be paid in lump sum within the period specified above is not paid the

tender contract already accepted shall be considered as cancelled. The security deposit lodged by Contractor

shall be refunded after the expiry of the Defects Liability period as shown in the attached Memorandum after

deducting dues, if any, which become liable to be recovered from the Contractor under the terms and

conditions of this Agreement.

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

will supersede over and above all the clauses depicted in the tender document.

Tender costing Less than Rs.2.00 Crore.

(a) Remittance of SD/RMD

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(i) The total security deposit shall be recovered at the rate of 4% from contractor. Out of which, 50%

of amount as Initial Security Deposit shall be payable at the rate of 2% of approved tender cost in form of

Cash or Demand Draft/ Pay Order of any Nationalised Bank (encashable at Surat city).

(ii) 7% Retention money (remaining 2% SD + 5% Additional retention Money) deposit to be retained

from each running account bill.

(b) Release of SD/RMD

(i) Initial Security Deposit of 2% (Shall be Released after completion of final bill as well as defect liability

period & on completion of audit related procedure)

(ii) 7% Retention money (2% SD + 5% Additional retention Money) deposit to be deducted from

running bills (Shall be released with final bills)

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

(a) Remittance of SD/RMD

(i) The total security deposit shall be recovered at the rate of 4% from contractor. Out of which, 50%

of amount as Initial Security Deposit shall be payable at the rate of 2% of approved tender cost in form

of in Cash or Demand Draft/ Pay Order / FDR / Bank Guarantee of any Nationalised Bank (encashable

at Surat city).

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

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

(b) Release of SD/RMD

(i) The 2% Initial Security deposit Shall be released only after clearance of Final bill by Audit Dept.

(ii)Whereas, the 2% Security deposit recovered from the each running account bills Shall be released

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

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

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

form of Bank Guarantee. However, the remaining 50% (2% of Security Deposit) of the amount so, deducted

from running bills will be allowed for conversion in the form of interest bearing fixed deposit receipt, (FDR)

issued in favour of the Municipal Commissioner, Surat Municipal Corporation, Surat by a Nationalized Bank

located at Surat only. Additional stamp duty payable as per government prevailing rule shall be paid by

contractor for remittance of this FDR.

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It is clarified that the amount of security deposit shall be collected on the basis of contract price and not on the

basis of Estimated Amount put to tender. As initial Security Deposit as mentioned above, accepted by the

competent Authority shall have to be paid toward Security Deposit at the time of execution of agreement.

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

One year, after completion of work. After that no further interest shall be paid for any extended period what

If the Security Deposit is not paid within 10 days from the date of L.O.I. / Work Order than penalty at the rate

0.065% per day of the amount of Security Deposit will charged. If the Security Deposit is not paid within one

month with interest, necessary actions as per condition of contract will be taken.

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

government’s prevailing rule of Security Deposit shall be used to execute the agreement.

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

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

GC-11 INSPECTION OF WORK

1. The Engineer in charge will have full power and authority to inspect the work at any time wherever

in progress either on the site or at the contractor's any other manufacturers workshops or factories

wherever situated and the contractor shall afford for Engineer-in-charge every facility and assistance

to carry out such inspection. Contractor or his authorised representative minimum ( B.E Civil ) shall,

at all time during the usual working hours and all other times when so notified or rehabilitation work

in progress ,( no work allowed without engineer from contracter and also without engineer from

department) , contracter engineer remain present to receive orders and instructions, orders given

to Contractor's representative shall considered to have the same force as if they had been given to

the contractor himself. Contractor shall give not less than 7 days notice in writing to the Engineer-

in- charge before covering up or otherwise placing beyond reach of inspection and measuring any

work in order that the same may be inspected and measured. In the event of breach of the above,

the same shall be recovered at Contractor's expenses for carrying out such inspection or

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

writing of the Engineer-in-charge, Contractor shall provide at all time during the progress of work

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

attendance to move and adopt as d irected for inspection or measurement of work by Engineer-in-

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GC-12 DEFECT LIABILITY

1. Contractor shall guarantee the work for a period of 12 months fromthe date of completion of work.

Any damage or defect that may arise or that may remain undis- covered at the time of issue of

completion certificate connected in any way with the equipment or Materials supplied by him or

in the Workmanship be rectified or replaced by contractor at his own expenses as desired by

Engineer-in-charge or in default may cause the same to be made good by other agency and deduct

expenses of which the certificate of Engineer-in-charge shall be final from any sums that may then

or any time thereafter become due to contractor of sale thereof or of a sufficient portion thereof.

2. From the commencencement to completion of work contractor shall take full responsibility for the

case of the work including all temporary works and in case any damage, loss or injury shall happen

to work or any part thereof or to any temporary works from any cause whatsoever and shall at his

own cost repair and make good the same so that at completion work shall be in good order and in

confirmity in every respect with the requirements of contract and as per the instructions of the

Engineer-in-charge.

3. If at any time before the work is taken over, the Engineer- in-charge shall -

(a) Decide that any work done or Materials used by the contractor are defective or not in

accordance with contract or that work of any portion thereof is defective or do not fulfill the

requirements of contract (all such Materials being hereinafter called defects in this clause and (b) as

soon as reasonably practicable given to contractor notice in writing of the said defect specifying

particulars of the defects alleged to exist or to have occured, then contractor shall at his own

expenses and with all speed make good the defects so specified.

(b) In case contractor fails to do so, owner may take at the cost of the contractor, such steps as

may in all circumstances, be reasonable to make good such defects. The expenditure so incurred by

S.M.C. will be recovered from the amount due to contractor. The decision of Engineer-in-charge

with regard to the amount to be recovered from contractor will be final and binding on the

GC-13 POWER OF ENGINEER TO GIVE FURTHER INSTRUCTIONS

The Engineer shall have the power and authority from time to time and at all times to give further

instructions and directions as may appear to him necessary or proper for the guidance of contractor and the

works and efficient execution of the works according to the terms of the specifications, and the contractor

shall receive, execute, obey and be bound by the same, according to the true intent and meaning thereof, as

fully and effectually as though the same had accompanied or had been mentioned or referred to in the

specifications. No work which readically changes the original nature of the contract shall be ordered by the

Engineer and in the event of any deviation being ordered,which in the opinion of the contractor changes the

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original nature of the contract, the shall nevertheless carry it out and any disagreement as to the nature of the

work & the rate to be paid thereof shall be resolved.The time of completion of works, in the event of any

deviations, resulting in additional cost over the contract sum being ordered, then be extended or reduced

reasonable by the Engineer. The Engineer's decision in the case shall be final and binding.

GC-14 PROGRAMME

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

from date of Notice of intimation to proceed. The tenderer at the time of submitting his tender shall indicate

the construction or pipeline schedule, the month-wise programme, daily work schedule or bar chart required

for the execution of the works and shall confirm the same within fourteen (14) days of the acceptance of

his Tender. The contractor shall provide to the Engineer-in-charge a detailed programme of time schedule

for execution of the works in accordance with the specifications & the completion date. The entire

programme to be finalised by the Contractor,has to confirm to the execution period mentioned alongwith

the Bill of Quantities in the Tender Documents.The Engineer upon scrutiny of such submitted programme by

contractor,shall examine suitability of it to the requirement of contract and suggest modifications, if found

GC-15 SUBLETTING OF WORKS

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

transferred,assigned or sublet by the contractor directly or indirectly to any firm or Corporation whatsoever

except as provided for in the succedingsubclause without the consent in writing of the owner.

GC-16 SUB-CONTRACTORS FOR TEMPORARY WORKS ETC.

The owner may give written consent to sub-contractors for execution of any part of the work at the site

being entered upon by the contractors provided each individuals contractor is submitted to the Engineer-in-

charge before being entered into and in approved by him. List of Sub-Contractors is to be supplied. Not

with standing any subletting with such approval as aforesaid and not with standing the Engineer-in-charge

shall have received copies of any sub-contractors, the contractors shall be and shall remain solely

responsible for the quality and proper expenditions and execution of the works and the performance of all

the conditions of contract in all respects as if such submitting or sub-contracting had not taken place and as if

such work had done directly by the Contractor.

GC-17 TIME FOR COMPLETION

1. The work covered under this contract shall be commenced from the date of contract is served with a

notice to proceed with the work and shall be completed before the date as mentioned in the time

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

mentioned in clause No. GC-18 (Extension of time) the contractor will be panalised for the delay.

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2. The general time schedule for work is given in the tender document. Contractor shall prepare a

detailed weekly or monthly programme of work in consultation with Engineer-in-charge soon after

the agreement and the work shall be strictly executed accordingly. The time includes,the time

required for testing, rectification if any, retesting and completion in all respects to the entire

satisfaction of the Engineer- in-charge.

GC-18 EXTENSION OF TIME

Time shall be considered as the essence of the contract. If however, the failure of the Contractor to

complete the work as per the stipulated dates referred to above arises from delays on the part of

Municipal Corporation in supplying the Materials or equipment it has undertaken to supply under the

contract or from delays in handing over sites or from increase in the quantity of work to be done under the

contract, or force Majeure an appropriate extension of time will be given. The Contractor shall request such

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

GC-19 CONTRACT AGREEMENT

The successful tenderer shall when called upon to do so, enter into and execute the Contract Agreement

within (10) ten days of the Notice of Award, in the form shown in tender documents with such

modifications as may be necessary in the opinion of the Municipal Commissioner. It should be incumbent on

the contract to pay the stamp duty and the legal charges for the completion of the contract agreement.

GC-20 A. LIQUIDATEDDAMAGE FOR DELAY

If the contractor fails to complete the work within the stipulated completion date for the work or he

shall pay liquidated damages at one tenth of Two percent of contract value per day of delay in completion

and handing over the work or part thereof as the case may to the Municipal Commissioner. The amount of

liquidated damages shall, however, be subjected to a maximum of ten (10) percent of the contract value.

Delays in excess of one hundred days will be a cause for termination of the contract and forfeiture of all

security for performance.

The successful tenderer shall have to submit the progress bar-chart within ten days after the contract, and

the contractor should work as per the approved bar-chart, failing the contractor shall have to pay the

compensation for delay as per the decision of Municipal Commissioner.

GC-21 FORFEITURE OF SECURITY DEPOSIT

Whenever any claim arises against the contractor for the payment of a sum of money out of or under the

contract, the owner shall be entitled to recover such sum by appropriating in part of whole, the security

deposit of the contractor. In case the Security deposit is insufficient the balance recoverable shall be

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deducted from any sum then due or which at any time thereafter may become due to the contractor

shall pay to the owner on demand may balance remaining due.

GC-22 ACTION OF FORFEITURE OF SECURITY DEPOSIT

In any case in which under any clause or clauses of the contract, the contractor shall have forfeited the

whole of his Security deposit or have committed a breach of any of the terms contained in this contract, the

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

(a) To rescind the contract (of which rescission notice in writing to the contractor under the hand of

the owner shall be conclusive evidence) in which case, the security deposit of the contractor shall

stand forfeited and be absolutely at the disposal of the owner.

(b) To employ labour and to supply Materials to carry out the balance work debiting contractor with the

cost of labour employed and the cost of Materials supplied for which a certificate of the Engineer-

in-charge shall be final and conclusive against the contractor and 10% costs on above to cover all

departmental charges and crediting him with the value of work done at the same rates as if it has

been carried out by the contractor under the terms of his contract. The certificate of Engineer-in-

charge as to the value of the work done shall be final and conclusive against the contractor.

(c) To measure up the work of the contractor and to take such part hereof as shall be unexecuted out of

his hand to give it to another contractor to complete. In this case the excess -expenditure

incurred than what whole have been paid to the original contractor, if the would work had been

executed by him, shall be earnest and paid by the original contractor and shall be deducted from

any money due to him by the owner under the contract or otherwise and for the excess expenditure,

the certificate of the Engineer- in-charge shall be final and conclusive.

In the event any of the above course being adopted by the owner, the contractor shall have no claim to

compensation for any less sustained by him by reason of his having purchased or procured any Materials

or entered into any agree-ment so or made by advance on account of or with a view to the execution of

the work of the performance of the contract. In such case the contractor shall not be entitled to recover or

be paid by sum for any work actually performed under this contract unless the Engineer-in-charge will certify

in writing the performance of such work and the value payable in respect thereof and the shall only be

entitled to be paid the value so certified. In the event of the owner putting in force the powers as stated in a,

b, c, above vested in him under the preceeding clause, he may, if he so desire, take possession of all or any

tools and plant, Materials and stores in or upon the work or the site thereof belonging to the contractor, or

procured by him and intended to be used for the execution of the work or any part thereof paying or

allowing for the same in account at the contract rates to be certified by the Engineer-in-charge whose

certificate thereof shall be final otherwise the Engineer-in-charge may give notice in writing to the contractor

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or his representative requiring him to remove such tools plant Materials or stores from the premises

within the time specified in the notice and in if the contractor fails to comply with any such notice, the

Engineer-in-charge may remove them at the Contractor's expenses or sell them by auction or private sale on

account of the contractor and his risks in all respects without any furhter notice as to the date, time to

place of the sale and the certificate of Engineer-in-charge as to the expenses of any such removal and

the amount of the proceeds and the expenses of any such sale shall be final and conclusive against the

GC-23 NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORK

If at any time from the commencement of work, the owner shall for any reasons whatsoever not require the

whole or part thereof a specified in the tender to be carried out, the Engineer-in- charge shall give notice in

writing of the contractor, who shall have no claim to any payment or compensation whatsoever on account

of any profit or advantage which he might have derived from execution of work in full, but which he did not

derive in consequence of the full amount of the work not having been carried neither shall be have any

claim for compensation by reason if any alternations having been made in original specifications,

drawings, designs and instructions which shall involve any curtailment of the work as originally contemplated.

When the contractor is a partnership firm, the prior approval in writing of the S.M.C.shall be obatined before

any change is made in the constitution of the firm, where the contractor is an individual or a Hindu

Undivided Family business concern, such approval as aforesaid shall, likewise be obtained before sub-

contractor enters into any agreement with other parties whereunder the reconstituted firm would have

the right to carry out the work hereby undertaken by the contractor. In either case if prior approval as

aforesaid is not obtained, the contract shall be deemed to have been allotted in contravention of sub- letting

clause hereof and the same action may be taken and the same consequence shall ensure as provided in the

sub-letting clause.

GC-24 IN EVENT OF DEATH OF CONTRACTOR

Without prejudice to any of the right or remdies under the contract, if the contractor dies, the owner

shall have the option of terminating the contract without compensation to the contractor.

GC-25 MEMBER OF THE OWNER NOT INDIVIDUALLY LIABLE

No official or employee of the owner shall in any way be personally bound or liable for the acts or

of the owner under the contract or answerable for any default or ommission in the observance or

performance of the acts, matters or things which are herein contained.

GC-26 OWNER NOT BOUND BY PERSONAL REPRESENTATIONS

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The contractor shall not be entitled to any incresse on the Schedule of rates or any other rights or claims

whatsoever by reason of representation, explanation or statement or alleged representation, promise or

guarantees given or alleged to have been given to him by any 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 be opened at all reasonable hours to receive instructions, notice or other

communications.

GC-28 CONTRACTOR'S SUBORDINATE STAFF AND THEIR CONDUCT

1. The contractor on award of the work shall name and depute a qualified Engineer , having experience

of carrying out work of similar nature, to whom 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 to superintend the execution of the work, competent sub- agents,

foremen and leading hands including those specially qualified by previous expeditions to a supervise

the type of works comprised in the contract in such manner as will ensure work of the best quality

and expeditions working, it, in the opinion of the Engineer-in-charge, additional properly qualified

supervision staff is considered necessary, if shall be employed by the contractor without additional

charge on account thereof. The contractor shall ensure to the satisfaction of the Engineer- in-charge

that sub - contractors, it any shall provide competent and efficient supervision over the work

entrusted to them.

2. If and whenever any of the contractor 's or sub-contractor agents, sub-agents, assistance, formen or

other employees shall, in the opinion of Engineer-in-charge, be guilty of any misconduct or be

incompetent or insufficiently qualified or inteligent in the performance of their duties or that in

opinion of the owner or Engineer-in-charge, it is undesirable for administrative or any other reason for

person or persons to be employed in the works, the contractor, if so directed by the Engineer-in-

charge, shall at once remove person or persons from employment thereon. Any person or persons

so removed shall not again be remployed in connection with the works without the written

permission of the Engineer-in- charge. Any person so removed from the works shall be

immediately replaced at the expenses of the contractor by acqualified and competent substitute.

Should the contractor be required to repatriate any person removed from the works he shall do so

and shall bear all costs in connection therewith.

3. The contractor shall be responsible for the proper behaviour of all the staff, foremen, workmen and

others shall exercise proper control over them and in particular and without prejudice to the

same. Generally, the contractor shall be bound to prohi-bit,and prevent any employee from

trespassing or acting in any way detrimental or prejudicial to the interest of the community or of

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the properties or occupiers of land and properties in the neigh-bourhood and in the event of such

employees so trespassing, the contractor shall be responsible therefore and relieve the owner of

all consequent claims, actions for damages or injury or any other grounds whatsoever. The decision

of the Engineer-in- charge upon any matter arising under this clause shall be final.

4. If and required by the owner, the contractor's personnel entering upon the owner's premises

shall be properly identified by badges of a type acceptable to the S.M.C. which must be worn at all

times on owner's premises.

GC-29 TERMINATION OF SUB-CONTRACTOR BY OWNER

If any sub-contractor engaged upon the works at the site executes any work which in the opinion

ofEngineer-in-charge is not in accordance with the contract documents, the S.M.C. may be give written

notice to the contractor request his to terminate such sub-contract and the contractor upon the receipt of

such notice shall terminate such sub-contract and the letter shall forthwith leave the works failing which the

owner shall have the right to remove such sub-contractors from the site.

No action taken by the owner under the above clause shall relieve the contractor of his liabilities under

the contract or give rise to any right to compensation, extension of time or 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 documents or

(ii) Fail to carry out the works in accordance with the time schedule.

(iii) Substantially suspend work or the works for a period of fourteen days without authority from

Engineer-in-charge or

(iv) Fail to carry out and execute the work to the satisfaction of the Engineer-in-charge or

(v) Fail to supply sufficient or suitable construc-tion plant temporary works, labour Materials or

(vi) Commit breach of any other provisions of the contract on his part to be performed or observed or

persist in any of the above mentioned breached of the contract for fourteen days after notice in

writing shall have been given to the contractor by the Engineer-in-charge requiring such breach to

(vii) Abandon the work or

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(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 merly a voluntary liquidation for the purpose

of amalgamation or reconstruction then in any such case.

The owner shall have the power to enter upon the works and take possession thereof and of the Materials,

temporary works, constructional plant and stock therein, and to revoke the contractor's licence to use the

same and to complete the works by his agents, other contractor or workman or to relate the same upon any

terms and to such other person, firm or corporation as the owner in his absolute discretion may think proper

to employ, and for the purpose aforesaid to use or authorise the use of any Materials, temporary works,

constructional plant, and stock as aforesaid, without making payment or allowance to the Contractor for the

said Materials other than such as may be certified in written by the Engineer-in-charge to be reasonable and

without making any payment or allowance to the contractor for the use of said temporary works,

constructional plant and stock or being liable for any less or damage thereto. If the owner shall be reason of

his taking possession of the works or of the work being got completed by other contractor incur excess

certified by the Engineer-in-charge shall be deducted from any money which may be due for the work

done by the contractor under the contract and not paid for. Any deficiency shall fortwith be made good and

paid to the owner by the contractor and the owner shall have power to sell in such manner and for such price

as he may think fit all or any of the constructional plant, Materials etc. constructed by or belonging to and

recoup and retain the said deficiency or any part thereof out of the proceeds of the sale.

GC-31 CONTRACTOR'S RESPONSIBLITY WITH THE OTHER CONTRACTOR & AGENCIES

Without repugnance to any other condition, it shall be the responsibility of the contractor executing the

work of civil construction to work in close co-operation and co-ordinate the work with other contractors or

their authorisedrepresaentative and the contractor will put a joint scheme with the concurrence of other

contractors showing the arrange-ments for carrying his portion of the work to the Engineer-in-charge and

get the approval. The Engineer-in-charge before approving the joint scheme will call the parties concerned

and modify the scheme if required. No claim will be entertained on account of the above. The contractor

shall conform in all respects with the provisions of any statutory regulations, ordinances or by laws of any

local or locally consitituted authorities or public bodies which may be applicable from time to time to works or

any temporary works. The contractor shall keep the owner indemnified against all penalties and liabilities of

every kind arising out of non-adherence to such statutes, ordinanace, laws, rules, regulations, etc.

GC-32 OTHER AGENCIES AT SITE

The Contractor shall have to execute the work in such place and condition where other agencies will also be

engaged for other works, such as site grading, filling and levelling, electrical and mechanical engineering

works, etc. No claim shall be entertained for works being executed in the above circumstances.

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Any notice under this contract may be served on the contractor or his duly authorised representative at the

job site or may be served by registered post direct to the official address of the contractor proof of issue of

any such notice could be conclusive of the contractor having been duly informed of all contents therein.

GC-34 RIGHT OF VARIOUS INTERESTS

The owner reserves the right to distribute the work between more than one contractor. Contractor shall co-

operate and afford reasonable opportunity to other contractors for access to the works for the carriage and

storage of Materials and execution of their works.

Wherever the work being done by any department of the owner or by other contractor employed by the

owner is contingent upon work covered by this contract, the respective rights of the various interests shall be

determined by Engineer-in-charge to secure the completion of various portions of the work in general

GC-35 PRICE ADJUSTMENT

No Price adjustment in price shall be paid.

GC-36 TERMS OF PAYMENT

The payment of Bills shall be made progressively according to the rules and practice followed by the

Municipal Corporation. The progressive payment unless otherwise provided in the Contract Agreement or

sub-sequently agreed to by the parties, shall be made generally Quaterly on submission of a bill by the

Contractor in prescribed form in an amount according to the value of the work performed less the

aggregate of previous progressive payments and as required by clause GC-37 (Retention money) herein. All

such progressive payment shall be regarded as payment by way of advance against final payment.

Payment for the work done by the contractor will be based on the measurement at various stages of the

work, in accordance with the conditions at Clause GC-77 (Measurement of Work in Progress)

GC-37 RETENTION MONEY

Pursuant to Clause GC-36 Terms of Payment on all money due to the contractor for work done, Municipal

Corporation will hold retention money as per clause IT -27. The retention money will not normally be due

for payment until the completion of the entire work and till such period the work has been finally accepted by

the Municipal Corporation and completion certificate issued by the Municipal Corporation in pursuant to

Clause No.GC-83 (Completion Certificate).

However,after the assurance of completion certificate, and Municipal Commissioner may at its own

discreation and having considered the Contractor's performance and diligence during the contract time allow

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the retention money to converted into a Bond as stipulated in the Clause GC-10 (Performance Bond Security

GC-38 PAYMENT DUE FROM THE CONTRACTOR

All costs, damages or expenses, for which under the Contract the Contractor is liable to the Municipal

Corporation deducted by the Municipal Corporation from any money due or becoming due to the Contractor

under the contract or from any other contract with the Municipal Corporation or may be recovered by

action at law or other-wise from the Contractor.

GC-39 CONTINGENT FEE

1. The Contractor warrants that he has not employed any person to solicit or secure the contract upon

any agreement for a commission, percentage, brokerage or contingent fee. Breach of this warranty

shall give the Municipal Commissioner the right to cancel the contract or to take any other measure as

the Municipal Commissioner may deem fit. The warranty does not apply to commissions payable by

the contractor to establish commercial or selling agent for the purpose of securing business.

2. No officer, employer of the Municipal Corporation be admitted to any share or part of this contract or

to any benefit that may rise therefrom.

GC-40 BREACH OF CONTRACT BY CONTRACTOR

If the contractor fails to perform the work under the contract with due diligence or shall refuse or neglect to

comply with instruction given to him by the Engineer-in-charge in accordance with the contract, or shall

contravence the provisions of the contract, the S.M.C. may give notice in writing to the contractor to make

good such failure, neglect or contravention. Should the Contractor fail to comply with such written notice

within twenty eight (28) days of receipt, if the Municipal Commissioner shall think fit, it shall be lawful for

the Municipal Corporation, without prejudice to any other rights, the contractor may have under the

contract, to terminate the contract for all or part of the works, and to make any other arrangements it shall

deem necessary to complete the work outstanding under the contract at the time of termination. In this event

Article GC-15 (Subletting of work)and GC-16 (Sub-Contracts for Temporary Works etc.)hereof shall be invoked

and the performance Bond shall immediately become due and payable to the Municipal Commissioner the

value of the work done on the date of termination and not paid for shall stand forfeited to the Municipal

Corporation and the Municipal Corporation shall have free use of any works which the contractor may have at

the site at the time of termination of the contract.

GC-41 DEFAULT OF CONTRACTOR

1. The Municipal Corporation may upon written notice of default to the contractor terminate the

contract in circumstance detailed hereunder :

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(a) If in the judgement of the Municipal Corporation the contractor fails to make completion of

works within the time specified in the completion schedule or within the period for which extension

has been granted by the Municipal Corporation /Engineer to the Contractor.

(b) If in the judgement of the Municipal Corporation the contractor fails to comply with any of the

provisions of this contract.

2. In the event the Municipal Commissioner terminates the contract inwhole or in part as provided

in Article GC-48 (Termination of Contract), the Municipal Corporation reserves the right to perchase

upon such terms and in such manner as it may deem appropriate, plant similar to that terminated and

the contractor will be liable to the Municipal Corporation for any additional costs for such similar

and / or for liquidated damaged for delay until such resonable time as may be required for the final

ompletion of works.

3. If this contract is terminated as provided in this paragraph GC - 30 (Power of entry) (1) the

Municipal Corporation in addition to any other rights provided in this clause, may require the

Contractor to transfer title and deliver to the Municipal Corporation under any of the following cases

in the manual and as directed by the Municipal Corporation. (a) Any partially completed information

and contract rights as the contractor has specifically produced or acquired for the performance of the

contract so termi-nated.

4. In the event the Municipal Corporation does not terminate the contract as provided in the

paragraph GC- 48 (Termination of Contract) the Contractor shall continue performance of the

contract, in which case the shall be liable to the Municipal Corporation for liquidated damages for

delay until the works are accepted.

GC-42 BANKRUPTCY

If the Contractor shall become bank rupt or insolvent or have a receiving order made against him, or

compound with the creditors, or being the Municipal Corporation commence to be wound up, not being

a member's Voluntary winding up for the purpose of amalgamation or reconstruction, or carry on its business

under a receiver for the benefit of his creditors or any of them, the owner shall be at liberty to either (a)

terminate the contract forthwith by giving notice in writing to the contractor or to the receiver or

liquidator or to any person or organisation in whom the contract may become vested and to act in the

manner provided in Article GC-41 (Default of Contractor) as though the last mentioned notice had been the

notice referred to in such Article of (b) to give such receiver liquidator or other person in work the contract

may become vested the option of carrying out the contract subject to his providing a satisfactory

guarantee for the due and faithfully performance of the contract subject to his providing a satisfactory

guarantee for the due and faithfull performance of the contract upto an amount to be agreed. In the event

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that the Municipal Corporation terminates the Contract in accordance with this article, the performance

Bond shall immediately become due and payable on demand to Municipal Corporation.

GC-43 OWNERSHIP

Works supplied pursuant to the Contract shall become the property of the Municipal Corporation from

whichever is the earlier of the following times, namely,

(a) When the works are completed pursuant to the Contract.

(b) When the Contractor has been paid any sum to which he may become entitled in respect thereof

pursuant to clause GC-36 (Terms of Payment).

GC-44 DECLARATION AGAINST WAIVER

The condonation by the Municipal Corporation of any breach of brenches by the stipulations and conditions

contained in the contract shall in no way prejudice or effect to the constructed as a waiver of the Municipal

Corporation rights, powers and remidies under the contract in respect of any breach or breaches.

GC-45 LAWS GOVERNING THE CONTRACT

The contract shall be constitued according to and Subject to the laws of India and the State of Gujarat

and under the jurisdiction of the courts of Gujarat at Surat.

GC-46 OVERPAYMENT AND UNDERPAYMENT

Whenever any claim forths payment of a sum to the Municipal Corporation arises out of or under this

Contract against the contractor the same may be deducted by the Municipal Corporation from any sum then

due or which at any time thereafter may become due to the contractor under this contract and failing that

under any other contract with the Municipal Corporation or from any sum due to the contractor with the

Municipal Corporation (which may be available with Municipal Corporation), or from his retention money, or

he shall pay the claim on demand. The Municipal Corporation reserves the right to carry out post payment

audit and technical examination of the final bill including all supporting vouchers, abstracts, etc.

The Municipal Corporation further reserves the right to enforce recovery of any over payment when

detected no withstanding the fact that the amount of the final bill may be included by the Contractor.

It as a result of such audit and technical examination any over payment is discovered in respect of any

work done by the Contractor or alleged to have been done by him under the contract, it shall be

recovered by the Municipal Corporation from the contractor by way of all the means prescribed above or if

any under payment is discovered by the Municipal Corporation, any amount due to the contractor under

this contract or under payment may be adjusted against any amount then due or which may at any time

thereafter become due before payment is made to the contractor from him to the Municipal Corporation on

any other contract account whatsoever.

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GC-47 SETTLEMENT OF DISPUTES

Except or otherwise specifically provided in the contract, all disputes concerning question of fact arising under

the contract shall be decided by the Engineer-in-charge, subjected to a written appeal by the Contractor to the

Engineer and these decisions shall be final and binding on the parties hereto. Any disputes or difference

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 dispute issues shall be settled as provided in (a).

(a) DISPUTES OR DIFFERENCE TO BE REFERRED TO:

If at any time, any question, disputes or differences of any kind whatsoever shall arises 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 of difference as to any

decision, opinion, instruction, direction certificate or evaluation of the Engineer.

The question or difference shall be settled by the Municipal Commissioner, who shall state his decision in

writing and give notice of same to the Engineer and to the Contractor such decision shall be final and binding

upon both parties to the contract and work on contract if not already breached or abandoned shall proceed

normally unless and until the same shall be revised (or upheld) due to any judicial proceeding.

Should the Municipal Commissioner fail to give a decision within three (3) calendar months after issuance of

notice of a question, dispute or difference or if the Contractor is dissatisfied with any such decision of the

Municipal Commissioner, then the matter may be referred to Standing Committee. Then also, if the said

question of difference or dispute remains unsolved / unsettled and if the contractor is dissatisfied with any

such decision of the Standing Committee, then the matter may be referred to the court of law subject to

SURAT JURISDICTION.

GC-48 RIGHT OF THE CORPORATION TO DETERMINE/TERMINATE CONTRACT

i The Corporation shall, at any time, be entitled to determine and terminate the contract, if in the opinion

of the Corporation the cessation of the work becomes necessary owing to paucity of funds or for any

other cause whatsoever, in which case the cost of approved materials at the site as verified and approved

by the Engineer-in-charge and of the value of the work done to date by the contractor shall be paid for in

full at the rate specified in the contract. A notice in writing from the Corporation to the Contractor of such

determination and the reason, thereof shall be the conclusive proof of the fact that the contract has been

so determined and terminated by the Corporation.

ii Should the contract be determined under sub-clause (I) of this clause and the contractor claims payments

to compensate expenditure incurred by him in the expectation of completing the whole of the work, the

Corporation shall consider and admit such claims as are deemed fair and reasonable and are supported

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by vouchers to the satisfaction of the Engineer-in-charge. The decision of the Commissioner on the

necessity and propriety of any such expenditure shall be final and conclusive and binding on the

GC-49 CHANGES IN CONSTITUTION

Where the contractor is a partnership firm, the prior approval in writing of the Municipal Commissioner shall

be obtained any change is made in the constitution of the firm. Where the contractor is an individual or

an undivided family business concern such approval as aforesaid shall like wise be obtained before the

contractor enters into any partnership agreement whereunder the partnership firm would have the right to

carry out the works hereby undertaken by the contractor. If prior approval as aforesaid is not obtained the

contract shall be deemed to have been assigned in contravention of Article thereof.

GC-50 SUB-CONTRACTUAL RELATIONS

All work performed for the contract by sub-contractor shall be pursuant to an appropriate agreement

between the contractor and sub-contractor which shall contain provisions to :

a) Protect and preserve the rights of the Municipal Corporation and the Engineer with respect to the

work to be performed under the sub-contract so that the sub-contractor thereof will not prejudice

b) Require that such work be performed in accordance with requirements of the Contract documents.

c) Require under such contract of which the contractor is a party, the submission to the contractor

of application for payment and claims for additional costs, extension of time, damages for delay or

otherwise with respect to the sub- contracted portions of the work in sufficient time, that the

contractor may apply for payment and comply in accordance with the contract Documents for like

claim by the Contractor upon the Municipal Corporation.

d) Waive all rights the contracting parties may have against one another for damages caused by fire or

other perils covered by the property insurance except such rights as they may have to the proceeds

so such insurance held by the Municipal Corporation as trustee and,

e) Obligate each sub-contractor specifically to consent to the provisions of this Article.

If, at any time, there should be evidence of any lien or claim for which owner might have become liable and

which is chargeable to the contractor, the owner shall have the right to retain out of any payment then due

or thereafter to become due an amount sufficient to completely indemnify the owner against such lien or

claim or if such lien or claim be valid the owner may be or become due and payable to the contractor. If any

lien or claims remaining, unsettled after all payments are made, the contractor shall refund or pay to the

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owner all money that the latter may be compelled to pay in discharging such lien or claim including all cost

and reasonable expenses.

GC-52 EXECUTION OF WORK

The whole work shall be carried out in strict conformity with the provisions of the Contract Documents,

detailed drawings, specifications and the instructions of the Engineer-in-charge from time to time. The

Contractor shall ensure that the whole work is executed in the most substantial, proper and best

Workmanship using Materials of best quality in strict accordance with the specifications to the entire

satisfaction of the Engineer-in- charge.

GC-53 WORK IN MONSOON

When the work continues in monsoon, the contractor shall maintain minimum labour force required, for the

work and plan and execute the construction and erection work according to the prescribed schedule. No

extra rate will be considered for such work in monsoon. During monsoon and entire constructing period

the contractor shall keep the site free from water at his own cost.

GC-54 WORK CLOSED ON SUNDAYS & HOLIDAYS & BETWEEN SUNSET AND SUNRISE

No work shall be carriedout on Sundays and Corporation Holidays and no work shall be carried out

between sunset and sunrise. Except with the special permission of Engineer-in-charge in writing perviously

obtained and with holding such permissions shall be no ground of complaint on the part of contractor or

cause for compensation to them. Working period shall be maximum eight (8) hours per days.

GC-55 EXTRA SUPERVISION CHARGES TO BE BORNE BY CONTRACTOR

Further to clause No.GC-54 when Engineer-in-charge feels necessary to give permission to contractor for

carrying out work for period of more than Eight hours working period in a day and/or to continue work on

sunday and Corporation holidays. Extra Supervision charges arising due to overtime working of Corporation's

staff shall be borne by the contractor at prevailing rates from time to time. Such extra supervision charges

shall be deducted by Corporation from the running bill/s of the contractor at Surat Municipal Corporation's

GC-56 DRAWING TO BE SUPPLIED BY THE OWNER

The drawings attached with the tender documents shall be for general guidance of the contractor to enable

him to visualize the type of work contemplated and scope of work involved. Detailed working drawings

according to which the work is to be done shall be furnished from time to time as the work progresses.

The contractor shall study the drawings thoroughly in connection with other connected details and

discrepancy if any bring to the notice of the Engineer-in-charge before actually carrying out the work.

GC-57 DRAWINGS TO BE SUPPLIED BY THE CONTRACTOR

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Where drawings, date are to be furnished by the contractor they shall be furnished within the specified

time. Where approval of drawings has been specified it shall be the Contractor's responsibility to have

these drawings got approved before any work is taken up with regard to the same. Any changes becoming

necessary in these drawings during the execution of the work shall have to be carried out by the contractor at

no extra cost. All final drawings shall bear the certification stamp as indicated below duly signed by both the

contractor and Engineer- in-charge.

"Certified true for ___________________________________project Agreement

Engineer-in-charge Drawings will be approved within three (3) weeks of the receipt of the same by the

Engineer-in-charge.

GC-58 SETTING OUT WORK

The contractor shall set out the work on the site handed by the Engineer-in-charge and shall be responsible

for the correctness of the same. The work shall be carried out to the entire satisfaction of Engineer-in-charge.

The approval thereof or partaking by Engineer-in-charge in setting out work shall not relieve contractor of

any of his responsibilities.

The contractor shall provide at his own cost all necessary level posts, pegs, bamboos, flage, ranging, rods,

strings and other Materials and labourers required for proper setting out of the work. The Contractor shall

provide, fix and be responsible for the maintenance of all stakes, temples level marks profiles and similar

other things and shall take and necessary precautions to prevent their removal or disturbance and shall be

responsible for the conse-quence for such removal or disturbance. The contractor shall also be responsible for

the maintenance of all existing Survey Marks, Boundary Marks, Distance Marks and Centre line marks

either existing or fixed by the Contractor. The Centre, longitudinal or face lines and cross lines shall be

marked by small masonary pillars. Each pillar shall have distance mark at the centre for setting up the

theodolite. The work shall not be started unless the setting out is checked by Engineer-in-charge in writing

but such approval shall not relive the contractor of his responsibilities. The contractor shall provide all

Materials, labour and other facilities necessary for checking at his own cost.

Pillars bearing geodetic marks on site shall be protected by the Contractor. On completion of the work the

contractor shall submit the Geodetic documents according to which the work has been carried out.

GC-59 RESPONSIBILITIES OF CONTRACTOR FOR CORRECTTNESS OF WORK

The contractor shall be entirely and exclusively responsible for the correctness of every part of the work

and shall rectify completely and errors thereon at his own cost when so instructed by Engineer-in-charge.

1. Materials to be supplied by Contractor

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Contractor shall procure and provide all the Materials required for the execution and maintenance of work

including M.S. rods, all tools, tackle, construction plant and equipment except the Materials to be supplied by

the owner detailed in the contract documents and for the transport thereof, owner, shall made

recommendations to the respective authorities if designed by the contractor but assumes no responsibility

or any nature. Owner shall insist for procurement of Materials with ISI Marks supplied by reputed firms on

the DGS & D List. 2. If however the Engineer-in-charge feels that work is likely to be delayed due to

contractor's inability to procure the Materials, the Engineer-in-charge shall have the right to procure

Materials from the market and the contractor will accept these Materials at the rates decided by Engineer-

GC-60 MATERIALS TO BE SUPPLIED BY THE OWNER

1. If the contract provides certain Materials or stores to be supplied by the S.M.C. such Materials and

stores shall be transported by the contractor at his cost from S.M.C's stores or Railway Station. The

sum due from contractor for the value of Materials supplied by the owner will be recovered from

the R.A. Bill on the basis of actual consumption of Materials in the work covered and for which R.A.Bill

has been prepared. After completion of the work contract has to account for the full quantity of

Materials supplied to him.

2. The value of store Materials supplied by the S.M.C. to the contract shall be charged at rates shown

in the contract document and in case any other material not listed in the schedule of Materials is

supplied by the S.M.C., the same shall be charged at cost price including carting and other expenses

inclurred in procuring the smae. All Materials so supplied shall remain the property of the owner and

shall not be removed from the site on any account.Any material remaining un-used at the time of

completion of work or termination of contract shall be returned to S.M.C.'s store or any other

place as directed by the Engineer-in-charge in perfectly good condition at contractor's cost. When

Materials are supplied free of cost for us in work and surplus and unaccounted balances thereof are

not returned to the Municipal Corporation, recovery in respect of such balance will be effected at

double the applicable issue rate of the Materials or the market rate whichever is higher.

GC-61 CONDITIONS OF ISSUE OF MATERIALS BY THE S.M.C.

a) The Materials specified to be issued by the S.M.C. to the contractor shall be issued by the S.M.C.'s

store or at Railway Station and all expenses for its shifting to site shall be borne by the contractor.

The Materials will be issued during working hours and as per rules of S.M.C. from time to time.

b) Contractor shall bear all expenses for storage and safe custody at site of Materials issued to him

before use in work.

c) Material shall be issued by the S.M.C.in Standard/non-standard sizes asobatined from manufacturer.

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d) Contractor shall construct suitable godowns at site for storing the Materials to proect the same

from damage due to rain, dampness, fires, theft etc.

e) The contractor should take the delivery of the Materials issued by the S.M.C. after satisfying

himself that they are in good conditions. Once the Materials are issued, it will be the responsibility of

the Contractor to keep them in good condition and in safe custody. If the Materials get damaged or

if they are stolen, it shall be the responsibility of the contractor to replace them at his according to

the instruc- tions of the Engineer-in-charge.

f) For delay in supply or for non supply of Materials to be supplied by the S.M.C., on account of

natural calamities, act of enemies, other difficulties beyond the control of the S.M.C., the S.M.C.

carries non-responsibilities. In no case the contractor shall be entitled to claim any compensation for

loss suffered by him on this account.

g) None of the Materials issued to the contractor, shall be used by the Contractor for manufacturing

items which can be obtained from manufacturer. The Materials issued by the owner shall be used for

the work only and no other purpose.

h) Contractor shall be required to execute indemnity bond in the prescribed form for the same custody

and account of Materials issued by the owner.

i) Contractor shall furnish sufficiently in advance a Statement of his requirements of quantities of

Materials to be supplied by the S.M.C. and the time when the same will be required for the work, so

as to enable Engineer-in-charge to make arrange-ments to procure and supply the Materials.

j) A daily account of Materials issued by the owner shall be maintained by the Contractor showing

receipt, consumption and balance in head in the form laid down by Engineer-in-charge with all

connected paper and shall be always available for inspection in the site office.

k) Contractor shall see that only the required quantities of Materials are got issued and no more. The

contractor shall be responsible to return the surplus Materials in good condition at S.M.C.'s store

at his own cost.

GC-62 MATERIALS PROCURED WITH ASSISTANCE OF THE OWNER

Notwithstanding anything contained to the contrary in any of the clauses of this contract, where any

Materials for the execution of the contract are procured with the assistance of the S.M.C. either by issue

from S.M.C. stock or purchase made under orders or permits or licences issued by the Government, the

contractor shall hold the same Materials as trustees for owner and use such Materials economically and solely

for the purpose of contract and not dispose them off without the permission of S.M.C.and return, iif required

by Engineer-in-charge, all surplus or unserviceable Materials that may be left with him after the completion

of the contract or at its termination for any reason whatsoever on his being paid or credited such prices as

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Engineer-in-charge shall determine having due regard to the conditions of the Materials. The price allowed

to contractor shall not exceed the amount charged to him excluding the storage charges if any. The

decision of Engineer-in-charge shall be final and conclusive in such matters. In the event of breach of the

aforesaid condition, the contractor shall in terms of licenceof permits and/or for criminal breach of trust be

liable to compensateS.M.C. at double rate or any higher rates.In the event of these Materials at that time

having higher rate or not being available in the market then any other rate to be determined by the

Engineer-in-charge and his decision shall be final and conclusive.

GC-63 MATERIALS OBTAINED FROM DISMANTLING

If the contractor, in the course of execution of work is called upon to dismantle any part for reasons other

than on account of bad or imperfect work, the Materials obtained from dismantling will be the property of

the S.M.C. and will be disposed of as per instruction of Engineer-in-charge in the best interest of the S.M.C.

GC-64 ARTICLE OF VALUE OR TREASURE FOUND DURING CONSTRUCTION

All gold, silver and other minerals of any discription and all previous stones, coins, treasures, relics,

antiquities and other similar things which shall be found in under or upon site shall be the property of the

owner and the contractor shall property preserve the same to the satisfaction of Engineer-in-charge and

shall hand over the same to the owner.

GC-65 DISCREPANCIES BETWEEN INSTRUCTIONS

If there is any discrepancy between the various stipulations of the contract documents of instructions to the

contractor or his authorised representative or if any doubt arises as in the meaning of such stipulation or

instructions, the contractor shall immediately refer in writing to the Engineer-in-charge whose decision shall

be final and conclusive and no claim for losses caused by such discrepancy,shall in any event be admissible.

Incase there is any descripancy in measurements shownindrawinge and specifications, the same shown in

drawing shall be considered as final and will be binding upon the contractor.

GC-66 SCHEDULE OF QUANTITIES AND EXTRA ITEMS

A. Schedule of Quantities

Variations in the quantities of work in schedule of quantities shall not vitiate the contract. The rates quoted

for the individual items shall apply for the quantities of work increased or decreased by not more than

twenty percent for each of the items,should the quantities of work actually involved under any item very by

more than twenty (20%) percent, the rate for such item of work shall be revised in accordance with the

procedures indicated under clause "Extra Items". The payment for the items will, however, continue to be at

the original rate till the revised rate decided.

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Extra Items of work shall not vitiate the contract. The contractor shall be bound to execute extra items

of work as directed by the Engineer-in-charge. The rates for extra items shall be derived from the prevailing

S.O.R.(R&B Division)and quoted premium of tender. If the rate of extra item is not available in S.O.R. it will be

derived on prevailing market rate.

GC-67 ACTION WHEN NO SPECIFICATION IS ISSUED

In case of any class of work for which no specification is supplied by the S.M.C. in the tender

documents,such work shall be carried out in accordance with I.S.S. do not cover the same, the work should be

carried out as per standard Engineering practice subject to the approval of Engineer-in- charge.

GC-68 ABNORMAL RATES

Contractor is expected to quote rate for each item after careful analysis of cost involved for the performance

of the completed item considering all specifications and conditions of contract. This will avoid loss of profit or

gain in case of curtailment or change or specification for any item. In case it is notice that the rates quoted by

a tenderer for any item is usually high or unusually low, it will be sufficient cause for rejection of tender

unless the S.M.C. is convinced about the reasonableness of the rates on scrutiny of the analysis for such

rate to the furnish-ing by the tenderer or demand.

GC-69 ASSISTANCE TO ENGINEER-IN-CHARGE

Contractor shall make available to Engineer-in-charge free of cost all necessary instruments and assistance

in checking of any work made by the contractor for taking measurement of work.

GC-70 TEST OF QUALITY OF WORK

1. All Workmanship shall be of the best kind described in the contract document and in accordance

with the instructions of Engineer-in-charge and shall be subjected from time to time to such test at

contractor's cost as the Engineer-in-charge may directed at the place of manufacture of fabrication or

on site or at any such place.Contractor shall provide assistance, instruments labour and Materials as

are normally required for examining measuring and testing any work Workmanship as may be selected

and required by Engineer-in-charge.

2. All tests will be necessary in connection with the execution of work as decided by Engineer-in-charge

s hall be carried out at an approved laboratory at contractor's cost.

3. The contractor shall furnish to Engineer - in - charge for approval when requested or if required by

the specification adequate samples of all Materials and finished goods to be used in work and

sufficiently in advance to permit test and examination thereof. All Materials furnished and finished

goods applied in work shall be exactly as per the approved samples.

4. All the testing charges shall be borne by the Contractor.

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GC-71 ACTION AND COMPENSATION IN CASE OF BAD WORKMANSHIP

If it shall appear to the Engineer-in-charge that any work has been executed with Materials of inferior

description, or quality or are unsound or with unsound imperfect or unskilled Workmanship or otherwise not

in accordance with the contractor shall, no demand in writing from Engineer-in-charge or his authorised

representative specifying the work, Materials or articles compained of, not with standing that the same may

have been inadvertantly passed, certified and paid for forthwith rectify or remove and reconstruct the work,

specified and in the event of failure to do so within a period to be specified by Engineer- in-charge in his

aforesaid demand, contractor shall be liable to pay compensation at the rate of one (1) percent of the

tendered cost of work for every Ten (10) days limited to a maximum of Ten (10%) Percent of the value of work

while his failure to do so continue and in the case of any such failure the Engineer-in- charge may on

expiry of the notice period rectify and remove and re-execut the work or remove and replace with other at

the risk and cost of the Contractor. The decision of the Engineer-in- charge as to any question arising

under this clause shall be final and conclusive.

GC-72 SUSPENSION OF WORK

Contractor shall, if ordered in writing by Engineer-in-charge or his representative temporarily suspended the

work or any part thereof for such time (not exceeding two months) as ordered and shall not after receiving

such written order proceed with the work until he shall have received a written order to proceed therewith

the contractor shall not be entitled to claim compensa- tion for any loss or damage sustained by him by

reason of temporary suspension of work as aforesaid. An extention of time for completion of work will be

granted to the contractor corresponding to the delay caused by such suspension of work if the applied for

the same provided the suspension was not conse- quent upon any default or failure on the part of the

GC-73 OWNER MAY DO PART OF THE WORK

When the contractor fails to comply with any instructions given in accordance with the provisions of this

contract,the S.M.C. has the right to carry out such parts of work as the S.M.C. may designate whether by

purchasing Materials and engaging labour or by the agency of another contractor. In such case the S.M.C.shall

deduct from the amount which otherwise might become due to contractor the cost of such work and

Materials with Ten (10%) percent added to cover all departmental charges and should the total amount

Materials with Ten (10%) percent added to cover all departmental charges and should the total amount

thereof exceed the amount due to contractor, contractor shall pay the difference to S.M.C.

GC-74 POSSESSION PRIOR TO COMPLETION

The Engineer-in-charge shall have the right to take possession of or to use any completed or partly

completed work or part of work,such possession or use shall not be deemed to be an acceptance of any

work completed in accordance with the contractor. If such prior possession or use by Engineer-in- charge

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delays the progress of work, equitable adjustment in the time of completion will be made and the contract

shall be deemed to be modified accordingly.

GC-76 SCHEDULE OF RATES

1. The price/rates quoted by the contractor shall be remain firm till the issue offinalcertificate and shall

be subject to price ADJUSTMENT CLAUSE GC-35. Schedule of rates shall be deemed to include and

cover all costs expenses and liabilities of every description and all risks of every kind to be taken in

executing, completing and handling overwork to owner by contractor. Contractor shall be deemed

to have known the nature, scope, magnitude and the extent of work and Materials required through

contract documents may not fully and precisely furnish them. He shall make such provision in the

schedule of rates as he may consider necessary to cover the cost of such items of work and Materials

as may bereasonable and necessary to completion work. The opinion of Engineer-in-charge as to the

item of work shall be final and binding on Contractor although the same may be not shown on or

described specifically in contract documents.

2. The Schedule of rates shall be deemed to include and cover the cost of all constructional plant,

temporary work, pumps, Materials, labour and all other Materials in connection with each item in

schedule of rates and the execution of work or any portion thereof furnished complete in every

respect and maintained as shown or described in the contract document or as may be ordered in

writing during the continuance of the contract.

3. The Schedule of rates shall be deemed to include and cover the cost of all royalties and free for the

articles and processes, protected by letters patent or otherwise incorporated in or used in connection

with work, also all royalities, and other payments in connection with Materials of whatsoever kind for

work and shall include an indemnity to-owner which contractor hereby gives against all action,

proceeding, claims, damages, costs and expenses arising from the incorporation in use of work of any

such articles, processes or Materials. Octroi of other Municipal or Local Board charges if levied on

Materials equipment of machineries to be brought to site for use on work shall be borne by the

4. No exemption or reduction of custom duties excise duties, sales-tax or any other taxes or charges of

the Central or State Government any local body whatsoever will be granted to obtained. All of such

expenses shall be deemed to have been included in and covered by schedule of rates. Contractor will

also obtained and pay for all permits or other privileges necessary to complete work.

5. The schedule of rates shall be deemed to include and cover risk on account of delay or intereference

with contractor's conduct of work which may occure from any cause including orders of S.M.C. in the

exercise of his power and no account of extension of time granted due to various reasons.

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6. For work under unit rate basis no alteration will be allowed in the schedule of rates by reason of work

or any part of them being field, altered extended, diminished or ommitted.

GC-77 PROCEDURE FOR MEASUREMENT OF WORK IN PROGRESS

1. All measurements shall be in metric system. All the work in progress will be jointly measured by the

representative of Engineer-in-charge and contractor's authorised agent. Such measurements will be

got recorded in the measurement book by the Engineer or his authorised representative and signed

by contractor or his authorised agent in token of acceptance. If the contract or his authorised agent

fails to be present when even required by the Engineer-in-charge for taking measurements for any

reasons whatsoever, the measurement will be taken by the Engineer - in - charge or his authorised

representative not withstanding the absence of contract and these measurement will be deemed to

be correct and binding on contractor.

2. Contractor will submit a bill in approved proforma in duplicate to the Engineer - in - charge of the

work giving abstract and detailed measurements of various items executed during a month as

mutually agreed. The Engineer-in-charge shall verify the bill and the claim, far as admissible,

adjusted if possible, within 10 days of presentation of the bills.

3. In case of Tenders for completed items of work, contractor may be allowed 'Secured Advance' on the

Security of Materials brought to site for execution of the constructed items of work the extent of 75%

of the value of Materials of unperishable nature and an agreement bedrawn up with contractor under

which the owner secured a lien on these Materials and is safe guarded against losses due to any

reasons whatsoever. Recoveries of advance paid would not be post-poned till the whole work is

completed but shall be adjusted from his work done or the Materials used, the necessary deductions

being made when the items of work in which they are used and are billed for. When the mode of

measurement is not covered by contract for any item of work it shall be as per latest I.S.I.

GC-78 RUNNING ACCOUNT PAYMENT TO BE RECOVERDED AS ADVANCES

1. All running account payments shall be regarded as payments by way of advance against the final

payment only and not as payment for work actually done and completed and shall not preclude

the requiring of bad, unsound and imperfect or unskilled work to be removed and taken away and

reconstructed or to be considered as an admission of the due performance of contract or any part

GC-79 NOTICE FOR CLAIM FOR ADDITIONAL PAYMENT

If the contractor considers that he is entitled to extra payment or compensation or any claim whatsoever in

respect of work, he shall forthwith give notice in writing to the Engineer-in-charge about his extra payment

and/or compensation. Such notice shall be given to the Engineer-in-charge within Ten (10) days from the

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happening of any event upon which contractor basis such claims and such notice shall contain full particular

of the nature of such claim with full details and amount claimed. Failure on the part of the contractor to

put forward any claim with the necessary particulars as above within the time above specifed shall be an

absolute waiver thereof. No commission by S.M.C. to reject any such claim and no delay in dealing therewith

shall be waiver by S.M.C. of any rights in respect thereof.

GC-80 PAYMENT OF CONTRACTOR'S BILL

1. The price to be paid by the S.M.C. to contractor for the work to be done and for the performance of

all the obligations under taken by the contractor under contract shall be based on the contract price

and payment to be made accordingly for the work actually executed and approved by the Engineer-

2. No payment shall be made for work costing less than Rs.5,000/-till the work is completed and a

certificate of completion given. But in case of work estimated to cost more than Rs.5,000/-

contractor on submitting the bill thereof will be entitled to receive a monthly payment,

proportionate to the part thereof, approved and passed by Engineer-in-charge whose certificate of

such approval and passing of the sum so payable shall be final and conclusive against contractor.

This payment will be made after making necessary deductions as stipulated elsewhere in the

contract documents for Materials, security deposit, etc. The payment shall be released to the

contractor within Thirty (30) days of submission of the bill in case of running bill and with in two (02)

months in case of final bill, contractor shall present the bill duly pre-receipted on proper revenue

Payment due to Contractor shall be made by the by crossed Accounts payee cheque in Indian currency

forwarding the same to the registered office of the contractor. Owner shall not be responsible if the

cheque is mislaid or misappropriated by unauthorised person.

GC-81 FINAL BILL

The final bill shall be submitted by Contractor within two (02) month of the date of physical completion of

work, Otherwise the Engineer-in-charge certificate of the measurement and of total amount payable for work

work, Otherwise the Engineer-in-charge certificate of the measurement and of total amount payable for work

shall be finalised binding on all parties.

GC-82 RECEIPT FOR PAYMENT

Receipt for payment made on account of work when executed by a firm must be signed by a person holding

power of attorney in this respect on behalf of contractor except when described in the tender as a limited

company in which case the receipt must be signed in the name of the company by one of its principal

officers or by some other person having authority to give effectual receipt for the Company.

GC-83 COMPLETION CERTIFICATE

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1. When the contractor fulfil his obligation as per terms of contract he shall be eligible to apply for

completion certificate. Contractor may apply for separate completion certificate in respecf of each

such portion of work by submitting the completion documents alongwith such application for

completion certificate.

The Engineer-in-charge shall normally issue to contractor the completion certificate within 2 (Two)

month after receiving an application thereof from contractor after verifying from the complete

documents and satisfying himself that work has been completed in accordance with and as set out in

the construction and erection drawings and the contract document. Contractor afterobatining the

completion certifi-cate is eligible to present the final bill for work executed by him under the terms of

2. Within 2 (Two) month of completion of work in all respect contractor shall be furnished with a

certificate by the Engineer-in-charge of such completion but no certificate shall be given nor shall

work be deemed to have been executed, until all (1) scaffolding, surplus Materials and rubbish is

clearing off site completely (2) until work shall have been measured by the Engineer-in-charge whose

measurement shall be binding and conclusive and (3) until all the temporary works, labour and staff

colonies etc.constructed are removed and the work site cleaned to the satisfaction of the Engineer-in-

charge. If contractors shall fail to comply with the requirements as aforesaid or before date fixed for

the completion of work,the Engineer-in-charge may at the expenses of contractor remove such

scaffolding, surplus Materials and rubbish and dispose of the same he thinks fit.

3. The following documents will form the completion documents :

(a) Technical documents according to which work was carried out.

(b) Construction drawings showing therein the modifications and corrections made during the

course of execution signed by Engineer-in-charge.

(c) Completion certificate for "Embedded" or "Covered" up work.

(d) Certificate of final levels as set out for various works.

(e) Material appropriation statement for the Materials issued by owner for work and list ofsurplus

Materials returned to S.M.C.'s store duly supported by necessary documents.

4. Upon expiry of the period of defects liability and subject to Engineer-in-charge being satisfied that

Has been duly maintained by contractor during the defects liability period as fixed originally, or as

external subsequently and the contractor has in all respects made up by subsidence and performed

all his obligations under contract, the Engineer- in-charge shall (without prejudice to the rights of

owner in any way) give final certificate to that effect. The Contractor shall not be considered to

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have fulfilled the whole of his obligation until final certificate shall have been given by the Engineer-

in-charge notwithstanding previous entry upon and taking possession, working or using of the same or

any part thereof by owner.

5. Final Certificate only Evidence of Completion

Except the final certificate no other certificate or payments against a certificate or an general account shall be

taken to be an admission by owner of the due performance of contract or any part thereof or of occupancy

validity of any claim by the contractor.

GC-84 TAXES, DUTIES, OCTROI, ETC.

The Contractor shall be liable to payment of all the Central/ State/Local Bodie's Levies,/ GST/ taxes or duties

etc. The SMC shall neither bear it nor reimburse at any time but will ensure deduction of

Central/State/Local levies/GST and taxes at Source at the rate provided under the relevant statutes from

time to time inforce.

1% Construction Cess will be deducted from respective R.A. Bill and Final bill in accordance with the

prevailing norms of Govt. of Gujarat.

GC-85 INSURANCE

Contractor shall at his own expenses carry and maintain with reputable Insurance Companies to the

satisfaction of owner as follows :

1. Employees State Insurance Act

Contractor agrees to and does hereby accept full and exclusive liability for compliance with all obliga-tions

imposed by the Employees' State Insurance Act 1948, and Contractor further agree to defend, indemnify and

hold owner harmless from any liability or penalty which may be imposed by the Central or State Government

of Local authority by reasons of any asserted violation by contractor or Sub-Contractor of the Employees'

State Insurance Act, 1948 and also from all claims, suits or proceedings that may be brought against owner

arising tender, growing out of or by reasons of the work provided for by this contract whether brought by

employees of Contractor, by third parties or by Central or State Government authority or any administrative

Sub-division thereof. Contractor agrees to fill in with the Employees State Insurance Corporation, the

declaration from and all forms which may be required in respect Contractor's or Sub-contractor's employees

these aggregate remuneration is Rs. 400/-p.m.or less and who are employed in work provided for or those

covered by E.S.I from time to time under the agreement. The Contractor shall deduct and secure the

agreement of the Sub-contractor to deduct the employees' contribution as per the first Schedule of the

Employees' State Insurance Act from wages. Contractor shall remit and secure the agreement of Sub-

contractor to remit to the State Bank of India Employees' State Insurance Corporation Accounts, the

employees contribution as required by the Act Contractor agrees to maintain all cares and record as required

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under the Act in respect of employees and payments and contractor shall secure the agreements of the sub-

contractors to maintain such records, any expenses incurred for the contributions or maintaining records

shall be to contractor's or sub- contractor' account. Owner shall retain such sum as may be necessary from

the contract value until contractor shall furnish satisfactory proof that all contribution as required by the

Employees' State Insurance Act 1948 have been paid.

2. Workman's Compensation And Employees Liability Insurance

Insurance shall be effected for all contractors employees engaged in the performance of this contact. If

any part of work is sublet, contractor shall require the sub-contractor to provide workmans' compensation and

employer's liability insurance which may be required by owner.

3. Other Insurance required under law or regulation by owner

Contractor shall also carry and maintain any and all other insurance which may be required under any law or

regulation from time to time. He shall also carry and maintain any other insurance which may be required

GC-86 DAMAGE TO PROPERTY

1. Contractor shall be responsible for making good to the satisfaction of owner any loss of and any

damage to all structures and properties belonging to owner or being executed or Procured by owner

or of other Agencies within the premises of all work of owner, if such loss or damage is due to fault

and / or the negligence or will full act or ommission of contractor, his employees, agent

representatives or Sub- contractors.

2. Contractors shall indemnify and keep owner harmless of all claims for damage to properties other

than S.M.C's property arising under or by reasons of this agreement if such claims result from the fault

and / or negliance or wilful act of ommission of contractor,his employees, agents, representatives or

sub-contractors.

GC-87 OUR LAWS AND REGULATIONS

1. The contractor shall be reponsible for the strict compliance of and shall ensure strict compliance by

his sub contractor employees and agents of all labours and others laws, rules or regulations having

the force of law affecting the relationship of employer and employee between the contractor/

sub-contractor and their respective employees.

2. No labour below the age of eighteen (18) year be employed on work.

3. Contractor shall pay to the labours engaged on work according the law.

4. The Contractor and sub-contractors o f the contractor shall obtain proper authority disignated in

this behalf under any application law, rules or regulations (including but not restricted to the factories

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Act and Contract Labour Abolition and Regulation Act 1970,) in so far as applicable) any and all such

licences, consents, Registration and / or other authorisation as shall from time to time be or

become necessary for relatint to the execution of work or any part of portion thereof or the storage

or supply of any Materials or otherwise in connection with the performance of the contract and

shall at all times observance by the sub- contractors, employees and agents of all terms and

conditions of the said licences,consents, regulation and other authorisa- tion and laws, rules and

regulations applicable thereto.

GC-88 CONTRACTOR TO INDEMNIFY OWNER

1. The Contractor shall indemnify and keep indemnified the owner and every member, officer and

employee of owner from and against all action, claims, demands and liabilities whatsoever and in

respect of the breach of any of the above clauses and/or against any claim, action or demand by

any workman/ employee of the contractor or any sub-contractor and or from any liability and way

to any workman / employee of the contractor or any sub-contractor under any law, rule or

regulations having the force of law, including but not limited to claims against the owner under the

workman compensation Act 1923. The employees' Provident Funds Act 1952 and/or the Contract

Labour (Abolition and Regulations) Act,

2. Payment of claims and damages

If owner has to pay any money in respect of such claims or demands as aforesaid, the amount so

paid and the cost incurred by the owner shall be charged to and paid by contractor without any

dispute notwithstanding the same may have been paid without the consent or authority of the

3. In every case in which by virtue of any provision applicable in the workman's Compensation Act

or any other Act, be obliged to pay compensation to workman employed by Contractor the amount

of compensation so paid, and without prejudice to the rights of S.M.C. under sec.(12) Sub-section

(2) of the said Act, S.M.C. shall be at liberty to recover such amount from any surplus due to the

contractor or the security deposit. S.M.C. will not be bound to contest any claim made under

section (12) Sub-section (2) of the said Act except or written request of Contractor and upon the

contesting of such claim.

4. The Contractor shall protect adjourning sites against structural decorative and other damages that

could be caused to adjourning premises by the execution of these works and made good at his cost,

any such damage, so caused.

GC-89 IMPLEMENTATION OF APPRENTICE ACT

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Contractor shall comply with the provisions of the Apprentice Act 1964 and the orders issued thereunder

from time to time. If the fails to do so, it will be a breach of contract. Contractor shall also be liable for any

particular liability arising on account of any violation of the provisions of the Act by him.

GC-90 HEALTH AND SANITARY ARRANGEMENTS FOR WORKERS

Contractor shall comply with all the rules and regulations of the local sanitary authorities or as framed by

owner from time to time for the protection of health and sanitary arrangements of all labour directly or

indirectly employed on the work of this contract.

GC-91 SAFETY CODE

Contractor shall adhere to safe construction practice and gurard against hazardous and unsafe working

conditions and shall comply with owner's safety rules and set fourth herein.

1. First Aid and Industrial Injuries

1.1 Contractor shall maintain first aid facilities for its employees and chose of his sub-contractor.

1.2 Contractor shall make outside arrangements for ambulance service and for the treatment of

industrial injuries. Name of those providing these services shall be furnished to Engineer-in-charge

prior to start of construction, and their telephone numbers shall be prominently posted in

contractor's field office.

1.3 All injuries shall be reported promptly to Engineer- in-charge, and a copy of Contractor's report

covering each personal injury requiring the attention of a physician shall be furnished to owner.

2. General Rules

2.1 Carrying, striking, matches, lighters inside the project area & smoking within the job site is strictly

probibited Violators of smoking rules shall be discharged immediately. Within the operation area, not

hot work shall be permitted without valid gas safety, fire permits. The Contractor shall also be held

liable and responsible for all lapses of his sub-contractors/ employees in this regards.

3.1 Suitable scaffolding shall be provided for workmen for all works that can not safely be done from

the ground or from solid construction except such short period work as can be done safely from

ladders. When a ladder is used, an extra mazdoor shall be engaged for holding the ladder and if the

latter is used for carrying Materials as well, suitable foothold sand handholds shall be provided

on the ladder and the same shall be given inclination not steeper than 1 to 4 (1 horizontal and

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3.2 Scaffolding or stagging more than 3.6 M (12') above the ground or floor, swing or suspended from

an overhead support or erected with stationary support shall have a guard rail properly attached,

bolted, braced and otherwise fixed at least 1.0 M (3') high above the floor or platform of scaffolding or

staging and extending along the entire length of the outside ends thereof with only such openings as

may be necessary for the delivery of Materials. Such scaffolfingor staging shall be so fastened as to

prevent it from swaying from the building or structure.

4. Maintenance of Safety Devices

4.1 All scaffolds,ladders and other safety devices mentioned or described herein shall be maintained in

some conditions and no scaffold, ladder or equipment shall be altered or removed while it is in

use. Adequate washing facilities should be provided at or near place or work.

5. Display or Safety Instructions

5.1 These safety provisions should be brought to the notice of all concerned by display on a notice

board at a prominent place at the work-spot. The person responsible for compliance of the safety code

shall be namedtherein by the Contractor.

6. Enforcement of Safety Regulations

6.1 To ensure effective enforcement of the rules and regula-tions relating safety precautions, the

arrangements made by the contractor shall be open to inspection by the welfare Officer, Engineer-in-

charge of safety Engineer of the owner or their representatives.

7. No Exemption

7.1 Notwithstanding the above clause 1.0 to 13.0 there is nothing to exempt the contractor from the o

perations of any other Act or rules in force in the Republic of India.

7.2 In addition to the above, the Contractor shall abide by the safety code provision as per C.P.W.D.

Safety Code framed from time to time.

GC-92 ACCIDENTS

It shall be the contractor's responsibility to protect against accidents on the work. He shall indemnify the

Municipal Corporation against any claim for damage or for injury to persons or property resulting from, and in

the course of work and also under the provision of the Workman's Compensation Act. On the occurance of an

accident arising out of the works which results in death or which is so serious as to be likely to result in

death, the contractor shall within twenty four hours of such accident, report in writing to the Engineer-in-

charge, the facts stating clearly and is sufficient details the circumstances of such accident and the

subsequent action. All other accidents on the works involving injuries to persons or damage to property

other than that of the contractors shall be promptly reported to the Engineer-in-charge stating clarly and

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in sufficient details and facts and circumstances of the accidents and the action taken. In all cases the

contractor shall indemnify the Municipal Corporation against all loss of damage resulting directly or

indirectly from the Contractor's failure to report in the manner aforesaid. This includes panalties or fine

consequency of failure to give notice under the workman's compensation Act or failure to confirm to the

provisions of the said. Act in regard to such accidents.

In the event of an accident in respect of which compensation may become payable under the workmens

compensation Act VIII of 1923 including all modification thereof whether such compensation may become

payable by the contractor or by the Municipal Corporation as principal employer, the Engineer-in-charge

may retain out of money due and payable to the contractor such sum or sums of money as may, in the opinion

of the Engineer-in-charge be sufficient to meet such liability. On receipt of award from the labourcommission

in regard to quantum of compensation, the difference in amount will be adjusted.

GC-93 It is clarified that if the contractor makes his own arrangements for water required for construction

and labour camp etc. by drilling bore. No water charges will be recovered from the contractor. On the

otherhand, even if the contractor is not taking connection and makes other arrangement to use Municipal

water by tanker or tapping water from near private connection even so water charges shall be recovered

as per relevant condition of the tender. As per City Engineer Note No.386, dtd.30/7/2012

GC-93 (A) PRICE VARIATION CLAUSE:

No Price Variation difference will be paid to the contractor for Labour, Materials, P.O.L. (Fuel) or any other

material for the work

GC-93 (B) STAR RATE & DIFFERENCE FOR REINFORCEMENT STEEL & CEMENT:

No star rate or basic rate difference will be paid to the contractor for cement , steel reinforcement or any

other material for the work.

GC-94 GOODS AND SERVICE TAX (GST)

GST CLAUSE FOR CONSTRUCTION / ERECTION / COMMISSIONING / INSTALLATION / REPAIRS / MAINTENANCE /

RENOVATION / FABRICATION OF STRUCTURE INCLUDING BUILDING (MEANS ALL WORKS CONTACT / TURN KEY

PROJECTS / SUPLY OF MATERIAL / GOODS)

GST (Goods & Service Tax) has come in existence from 1 July 2017. Contract / Successful Bidder is boundto

pay any amount of GST prescribed by the Govt. of India as per the Terms of Contract agreed upon during the

course of execution of this Contract.

During the course of execution of contract. if there is any change in Rate of GST (Goods & Service Tax) by the

Government the same shall be reimbursed / recovered separately by SMC subject to the submission of Original

Receipt / proof for the amounts actually remitted by the successful Tenderer / Contractor to the competent

authority along with a certificate from Chartered Accountant of Contractor / Successful Bidder certifying that

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the amount of GST paid to the Government and the same shall be intimated / submitted /claimed within

Days form the date of payment Remittance of GST within stipulated period shall be the sole responsibility of

the Successful Bidder / Contractor, failing which SMC and decision of Municipal Commissioner shall be final

and binding on the Contractor / Successful Bidder in this regard Further the non-payment of GST to the

Government may lead to the termination of contact and forfeiture of security Deposit / Performance

Guarantee Amount.

If imposition of any other new Taxes / Duties / Levies / Cess or any other incidentals etc. or any increase in the

existing Taxes / Duties / Levies / Cess or any other incidentals etc. (Excluding GST ) are imposed during the

course of the contract the same shall be borne by the Contractor / Successful Bidder only in no case SMC shall

be liable for the same.

The Contractor will submit the invoice to the SMC having GSTIN of SMC mentioned therein and the taxes shall

be shown separately on the face of the invoice so as to claim as ITC by SMC.

Note :- The Rates mentioned in BOQ are excluding GST.

GC-95 SECURED ADVANCES:

No Secured advances shall be paid.

GC-96 SUBMISSION / COMPULSION BY CONTRACTOR

The contractor registered with S.M.C. or any other Govt. organisation is required to employ minimal technical

staff as detailed in the certificate issued to him. If contractor does not employ same technical staff over works

entrusted to him, should submit photo-identity and education qualification of technical staff appointed at site.

"The contractor shall have to keep the record of the labourers employed for the concerned work. The

contractor should provide attendance card, identification card, pay slip etc to the labourers employed. Further,

the amount of E.S.I. & Provident Fund should be deducted from the salary of the labourers employed and such

amount should invariably be deposited to the concerned Government Departments. In addition, the amount of

social security under E.P.F. & M.P. act 1952 shall be recovered every month & such amount should invariably

be deposited directly to the concern Government Departments. In the same context, the details regarding

such amount deposited to the concern Govt. Deptt. and labourers employed shall be furnished to the office of

Traffic Cell Department of S.M.C. every month.In case of failure, such amount shall be deducted/recovered

from the running bill directly in accordance with the details given by contractor regarding labourers employed

and as per the prevailing rules of Government.In absence of detail, an adhoc suitable amount of the total

amount of work done shall be recovered directly from the running bills. On submission of evidence of recovery

of such amount, the amount recovered/deducted shall be released in the next bill after due sanction of

Competent Authority of S.M.C.”

GC-97 SPECIAL RISK

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If during the contract, there shall be 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 whether 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 time

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. If any of the works, or materials to be deli subjected to damage or

distribution by reasons for the special risks, the contractor shall be entitled to payment for such damage or

destroyed materials and to any costs involved in making good damages or destroyed materials as may be

required by the Municipal Corporation.

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, cyclone,

epidemics, quarantine restrictions, lockouts, strikes, freight embargoes and provided that the contractor shall

within Ten (10) days from the beginning of such delay notify the Engineer-in-charge in writing the cause of

delay. The Municipal Commissioner shall verify the facts and grant such extension as the facts justify.

GC-98 SECURITY DEPOSIT

The person/persons whose tender may be accepted (hereinafter called the contractor, which expression

shall unless excluded by or repugant to the context include his heirs, executors, administrators and assignees)

shall (within 10 days of the receipt by him of the notification of the acceptance of his tender otherwise 0.065%

per day of S.D. amount will be charged as penalty) deposit with Municipal Commissioner in cash or

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

specified in the tender.

If the amount of the security deposit to be paid in lump sump within the period specified above is not paid

the tender contract already accepted shall be considered as cancelled. The security deposit lodged by

contractor shall be refunded after the expiry of the Defects Liability period as shown in the attached

Memorandum after deducting dues, ifany, which become liable to be recovered from the contractor

under the terms and conditions of this Agreement.

GC-99 COMPENSATION OF THE DELAY

The time allowed for carrying out the work as entered in the ender shall be strictly observed by the

contractor and shall be reckoned from the date on which the order to commence work is given to the

contractor. The work shall through out the stipulated period of the contract be proceeded with, all due

diligence (time being deemed to be the assence of the contract on the part of the contractor) and the

contractor shall pay as conpensation a percentage amount (shown in the attached Memorandum) of the

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tendered cost of the whole work as shown by the tender for every day that the work remains uncommenced

or unfinished after the proper days, And further to ensure good progress during the execution of the work the

contractor shall be bound, in all cases in which the time allowed for any work exceeds one month, to

complete parts of the work during the period shown in the attached Memorandum.

In the event of the contractor failing to comply with these conditions he shall be liable to pay as

compensation in form of liquidated damages,the amount mentioned above for every day that the due

quantity of work remained incomplete provided always that the total amount of compensation to be paid

quantity of work remained incomplete provided always that the total amount of compensation to be paid

under the provision of this clause shall not exceed 10 percent of the Tendered cost of the work as shown in

GC-100 ACTION WHEN WHOLE OF SECURITY DEPOSIT IS FOREFITED

In any case in which under any clause of or clauses this contract the contractor shall have tendered himself

liable to pay compensation amounting to the whole of this security deposit (whether paid in one sum or

deducted by instalments) or in the case of abandonment of the work owing to serious illness or death of

the contractor or any other causes, the Commissioner on behalf of the Corporation shall have power to

adopt of the following courses, as he may deem best suited to the interest of Municipal Corporation .

(a) To rescind the contract (of which rescission notice in writting to the contractor under the hand of the

Commissioner shall be conclusive evidence) and in that case that security deposit of the contractor shall

stand forefeited and be absolutely at the disposal of Municipal Corporation .

(b) To employ labour paid by the related Zone and to supply material to carry out the works, or any part

of the work debitting, the contractor with errectness of which cost and price the certificate of Executive

Engineer shall be final and conclusive against the contractor and crediting him with the value of the work

done,in all respects in the same manner and at the same rates as if it had been carried out by the contractor

under the terms of his contract, and in that case the certifate of the Executive Engineer as to the value of

the work done shall be final and conclusive agains the contractor.

(c) To order that the work of the contractor be in measured up and to take such part thereof as shall

unexecuted out of his hands, and to give it to another contractor to complete, in which case any expenses

which may be incurred in excess of the sum which would have been paid to original ontractor, if the whole

work had been executed by him (as to the amount of which excess expenses the certificate in writing of the

Executive Engineer shall be finl and conclusive) be borne & paid by the original contractor shall be deducted

from any money due to him by Municipal Corporation under the contract or otherwise from his security

deposit or the proceeds of sale thereof, or a sufficient part thereof.

Action when the progress of any perticular portion of the work if unsatisfactory

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In the event of any of the above courses be adopted by the Commissioner the contractor shall have no

claim to compensation for any loss sustained by him by reason of his purchased or procured any materials

or entered into any engagements, or made any advances on account of or with a view to the execution of

the work or the performance of the contract.And in case the contract shall be reseinded under provision

aforesaid, the contractor shall not be entitled to recover, or be paid any sum for any work thereto actually

performed by him under this contract unless and until the Executive Engineer shall have certified in writing

the performance of such work and the amount payable to him in respect thereof, and he shall only be

entitled to paid the Particular amount so certified.

GC-101 COMPENSATION TO LOSS

Contractor remains liable to pay compensation if action not taken under GC-22. If the progress of any

particular portion of the work is unsatisfactory the Commissioner shall notwithstanding that the general

progress of the work is satisfactory in accordance with GC-99, be entitled to take action under GC-22 (b)

after giving the contractor 10 day's notice in writing and contractor will have no claim for compensation for

any loss sustaind by him owing to such action.

GC-102 Power to take possession of require to removal of, or self contractor's plan

In any case in which any of the powers conferred upon the Commissioner by GC-22 and GC-101 hereof shall

have become exercisable and same shall not have been exercised the non-exercise thereof shall not

constitute a waiver of any of the conditions hereof such powers shall notwithstanding be exercisable in any

future case default by the contractor for which by any cluase or clauses hereof he is declared liable to pay

compensation mounting to the whole of his security deposit require or and the liability of the contractor

for past and future compensation shall remain unaffected.

In the event of the Commissioner taking action under sub-caluse (a) or (c) of GC-22, he may, be he so desire

to take possession of all or any tools, plant materials and stores in or upon the works, or the site thereof or

belonging to the contractor, or procured by him and intended to be used for the execution of the work of

any part thereof, paying or allowing for the same in account at the contract rates, or in the case of contract

rates not being applicable, at current market rates,to be cartified by the Executive Engineer whose certificate

thereof shall be final. In the alternative the Commissioner may by notice in writing to the contractor or his

clerk of the works. Foremen or other authorised agent require him to remove such tools, plant, materials, or

stores from the premises within a time specified in such notice; & in the event of the contractor failing to

comply with any such requisition, the Commissioner may remove them at the contractor's expense or sell

them by action or private sale at the risk and account of the contractor in all respects, and certificate of the

Executive Engineer as to the expense of any such removal, and the amount of the proceeds and expense of

any of any sale shall be final and conclusive against the contractor.

GC-103 EXTENSION OF TIME

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If the Contractor shall desire an extension of the time for completion of the work on the ground of his

having been unavoidably hindered in its execution or on any other ground, he shall apply in writing to the

Competent authority within 30 days from the date on which he was hindered as aforesaid on or which the

cause for asking for extension occurred and the Competent authority may, if in his opinion, there are

reasonable grounds for granting an extension, grant such extension as he thinks necessary or proper. The

decision of the Competent authority in this matter shall be final and binding to all.

GC-104 FINAL CERTIFICATION

On completion of the work the contractor shall be furnished with a certificate by the Executive Engineer

(hereinafter called the Engineer- in- charge) of such completion, but no such certificate shall be given nor shall

the work be considered to complete until the contactor shall have removed from the premises on which the

work shall have been executed all scaffolding, surplus materials and rubbish, and shall have cleaned of the

dirt from all woodwork, doors, windows,walls, floors or other parts of any building, in or upon which the

work has been executed,or of which he may have had possession for the purpose of executing the work,nor

until the work shall have been measured by the Engineer-in-charge or w here the measurement have been

taken by his subordinates until they have received the approval of the Engineer-in- charge, the said

measurement being binding and conclusive against the contractor.

If the contractor shall fail to comply with the requirements of this clause as to the removal of scaffolding,

surplus materials and rubbish. And cleaning off dirt on or before the date fixed for the completion of the

work, the Engineer-in-charge may, at the expense of the contractor remove such scaffolding surplus material

and rubbish, and dispose off the same as he thinks fit and clean off such dirt as aforesaid; and contractor

shall forthwith pay the amount off all expenses so incurred,but shall have no claim in respect of any such

scaffolding or surplus materials as aforesaid except for any sum actually realized by the sale thereof.

GC-105 PAYMENT ON INTERMEDIATE CERTIFICATE TO REGARDED AS ADVANCE.

No payment shall be made for any work, on estimated to cost less than rupees one thousand, till after the

whole of the said work shall have been completed & a certificate of completion given. But in the case of works

estimated to cost more than rupees one thousand, the contractor shall, on submiting a monthly bill therefore

be entitled to received payment proportionate to the percentage shown in the attached Memorandum of the

part of the works than approved and passed by the Engineer-in-charge, whose certificate of such approval and

passing of the sum so payable shall be final and conclusive against the contractor.

All such intermediate payment shall be regarded as payment by way of advance against the final payments

only & not as payments for work actually done and completed and shall not preclude the Engineer-in-charge

from requiring bad, unsound imperfect of unskilful work to be removed & taken away & reconstructed, or re-

erected. nor shall any such payment be considered as an admission of the due performance of the contract or

any part thereof in any respect of the accruing of and claim; nor shall it conclude, determine or affect in any

Tender Notice No.DMC/SZ-B/05/2026-27 Work No.02

way the Powers of the Engineer-in-charge as to the final settlement and adjustment of the accounts or

otherwise, or in any other way very or affect the contract. The final bill shall be submitted by the contractor

within one month of the date fixed for the completion of the work, otherwise the Engineer-in-charge's

certificate of the measurement and of the total amount payable for the work shall be final and binding on all

certificate of the measurement and of the total amount payable for the work shall be final and binding on all

GC-106 PAYMENT AT REDUCED RATE ON ACCOUNT OF ITEM OF WORK NOT ACCEPTED AS COMPLETED TO BE

THE DISCRETION OF THE ENGINEER-IN-CHARGE

The rates for serveral items of the work agreed to within, shall be valid only when the item concerned is

accepted as having been completed fully in accordance with the sanctioned specifications. In cases where the

items of works are not accepted at so completed the Engineer-in-charge may make payment on account of

such items at such reduced rates as he may consider reasonable in the prepartion of final or on account bills.

A bill may be submitted by the contractor once in each month on or before the date fixed by the Engineer-in-

charge for all works executed in the previous months, and the Engineer -in- charge shall take or cause to be

taken the requisite measurement for the purpose of having the same verified, and the claim, so far as it is

admissible shall be adjusted if possible within fifteen days from the presentation of the bill. If the contractor

does not submit the bill within the time fixed as aforesaid, Engineer-in-charge may depute a subordinate to

measure up the said work in the presence of the contractor or his duly authorised agent whose counter

signature to the measurement list shall be sufficient warrant, and the Engineer-in-charge may prepare a bill

from such list which shall be binding on the contractor in all respects.

GC-107BILLS TO BE ON PRINTED FORMS

The contractor shall submit all bills on the printed forms to be had on application at the office of the Engineer-

in-charge. The charges to be made in the bills shall always be entered at the rates specified in the tender or in

the case of any extra work ordered in pursuance of these conditions, and not mentioned or provided for in the

tender at the rates hereinafter provided for such work.