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Tender Value
₹35.5 L
EMD Value
₹35,500
Closing Date
24 Mar 2026, 6:00 pmClosed
Deputy Municipal Commissioner (D)
ANNUAL RATE CONTRACT MAINTENANCE AND REPAIRING WORK OF VARIOUS MUNICIPAL SCHOOL BUILDINGS IN TPS. NO. 04(ASHWINIKUMAR-NAVAGAM), TPS. NO.15(FULPADA) ,TPS. NO.17(FULPADA) & FULPADA GAMTAL IN EAST (VARACHHA) ZONE-A, SURAT.
284964
DMC(D)/EZ-A /20/2025-2026,Work No.10
Open
Repair and Maintenance
Surat
3 documents required · 3 mandatory
₹1,770
Commissioner, Surat Municipal Corporation
₹35,500
10 Mar 2026
10 Mar 2026
10 Mar 2026
24 Mar 2026
10 Mar 2026
NAME OF WORK : ANNUAL RATE CONTRACT MAINTENANCE AND REPAIRING WORK OF
VARIOUS MUNICIPAL SCHOOL BUILDINGS IN TPS. NO.
04(ASHWINIKUMAR-NAVAGAM), TPS. NO.15(FULPADA) ,TPS.
NO.17(FULPADA) & FULPADA GAMTAL IN EAST (VARACHHA) ZONE-A,
Tender (On Line) Notice No. DMC(D)/EZ-A /20/2025-2026
VOLUME-I: TECHNICAL BID
START DATE OF DOWNLOAD OF : From Dt.09/03/2026 to 24/03/2026, upto
TENDER DOCUMENTS FROM website 18:00 hrs.
smc.nprocure.com
On line Query Submission Work No.10 : -
LAST DATE OF SUBMISSION OF ONLINE : Upto Dt. 24/03/2026 up to 18.00 hrs
TENDER (TENDER FEES, EMD AND
OTHER DOCUMENTS IN SOFT COPY)
LAST DATE OF SUBMISSION OF TENDER : During Up to Dt. 08/04/2026 up to 18.00 hrs.
FEES, EMD AND OTHER DOCUMENTS IN in sealed envelop by R.P.A.D./ Speed Post to
HARD COPY Chief Accountant, SMC, Muglisara, Surat-
ON LINE SUBMISIION OF PRICE BID : On or before upto Dt.24/03/2026 18.00hrs.
OPENING OF TECHNICAL BID ALONG : On Dt.25/03/2026 10.00 hrs onwards
WITH OTHER DOCUMENT SUBMITTED (Probable)
TENTATIVE PRICE BID OPENING : Dt.13/04/2026 10.00 hrs onwards (Probable)
ESTIMATED AMOUNT : Rs. 35,49,609.30/- ( Excluding GST )
EARNEST MONEY DEPOSIT. : Rs.35,500.00/-
DOCUMENT FEES : Rs.1,770.00 (including CGST 9% + SGST 9%)
CLASS : “E-1" Class with experience
TENDER TO BE SUBMITTED TO:
THE CHIEF ACCOUNTANT,
SURAT MUNICIPAL CORPORATION, MUGLISARA
SURAT MUNICIPAL CORPORATION
TENDER DOCUMENT
SR. NO. PARTICULARS PAGE NO.
1. NOTICE INVITING TENDER
INFORMATION TO TENDERER
ANNEXURE-A (AFFIDAVIT)
ANTI-BLACKLISTING CERTIFICATE
DECLARATION FORM
2. CONTRACTOR TO PLEASE READ THIS CAREFULLY
3. INSTRUCTION TO TENDERER
4. GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE FOR
5. GENERAL CONDITIONS OF CONTRACT
8. CONDITION FOR THE WATER SUPPLY AND ELECTRIC SUPPLY
9. IMPORTANT INSTRUCTION-A TO THE CONTRACTOR
10. SPECIAL NOTE
11. SPECIAL CONDITION OF CONTRACT
12. IMPORTANT INSTRUCTION-B TO THE CONTRACTOR
13. DETAILED SPECIFICATION OF MATERIALS
14. GENERAL TECHNICAL SPECIFICATION FOR THE BUILDING WORKS
15. SCHEDULE FOR TESTING OF MATERIALS
16. ITEMWISE DETAILED TECHNICAL SPECIFICATIONS
17. APPROVED VENDOR LIST
18. COVERING LETTER
SURAT MUNICIPAL CORPORATION
EAST (VARACHHA) ZONE -A
1.0 NOTICE INVITING TENDER
(A) RECEIPT AND OPENING OF TENDER:
Online Tenders will be received from the established and reliable contractors on or before
24.00 hours from Dt.09/03/2026 to 24/03/2026 up to 18.00 hrs. on website
smc.nprocure.com. The tender received after due time and date specified will not be accepted.
ANNUAL RATE CONTRACT MAINTENANCE AND REPAIRING WORK OF VARIOUS
MUNICIPAL SCHOOL BUILDINGS IN TPS. NO. 04(ASHWINIKUMAR-NAVAGAM), TPS.
NO.15(FULPADA) ,TPS. NO.17(FULPADA) & FULPADA GAMTAL IN EAST (VARACHHA)
1. ESTIMATED COST : Rs. 35,49,609.30/- ( Excluding GST )
2. EARNEST MONEY DEPOSIT : Rs. 35,500.00/-
3. TIME LIMIT : 12 (Twelve) months (Including monsoon)
4. DOCUMENT FEE : Rs. 1,770.00 (including CGST 9% + SGST 9%)
5. REGISTRATION REQUIRED : “E1" Class with experience
(C) OPENING OF TENDERS:
The tenders will be opened online in presence of bidders and opening authority subject to
receipt of Tender Fees & EMD & ANNEXURE- A (Affidavit) in hard copy in account
department (Main Office). But tenderer has to upload relevant documents as required
/mentioned in the technical bid in Soft Copy (By Scanning) .The tenders will be opened in
two stages i.e. Technical Bid and Commercial Bid.
(D) PURCHASE OF TENDER DOCUMENTS:
Tender Documents can be downloaded from smctender.nprocure.com from Dt.09/03/2026
to 24/03/2026 upto 18.00 hrs.
Tender documents fees of Rs.1,770.00 (including CGST 9% + SGST 9%) per set which is
required for submission of tender towards the cost of tender documents in cash, pay order or
by demand draft of any nationalized bank, in favour of "The Commissioner, Surat Municipal
Corporation" payable at Surat and shall be submitted alongwith EMD and other documents.
The cost of the Tender Documents will not be refunded in any circumstances. The Surat
Municipal Corporation shall not be liable for any postal delay in any case.
Demand Draft for E.M.D. & Tender (Bid) fee shall be submitted in electronic format through online
mode (by scanning) while uploading the bid. This submission shall mean that E.M.D. & tender fee
are received for purpose of opening of the bid. Accordingly offer of those shall be opened whose
E.M.D. & tender (bid) fee is received electronically. However, for the purpose of realization of D.D.
bidder shall send the D.D. in original through RPAD / Speed post so as to reach to Chief
Accountant, SMC as per schedule from the last date of online submission of the bid as per tender
Following Penalty based actions for not submitting D.D.in original shall be initiated by SMC.
biding If Situation arise Relaxation /Punitive action
Relaxation : Bidder shall pay Penalty as per
If bidder fails to submit following table within 10 Days from the last date of
the original D.D. (For the hard bid submission as mentioned in published
tender fee and E.M.D.) tender notice.
within stipulated time If bidder fails to deposite the penalty amount (as
mentioned in published per following table) Punitive action will be taken as
Tendere's First Time tender notice for this below. Punitive action : Abeyance of registration
work, in this situation….. for 06 (six) months with cancelation of E-
tendering code for 06 (six) months
If bidder fails to submit
the original D.D. (For
tender fee and E.M.D.) Punitive action : Abeyance of registration for
Tendere's Second
within stipulated time (six) months with cancelation of E- tendering code
mentioned in published for 06 (six) months
tender notice for this
work, in this situation…..
Tabel for Penalty
Sr.No. Tender Amount in Rs. Penalty Amount in Rs.
2 More Than 1.00 Cr. And Up to 10.00Cr 20,000/-
3 More Than 10.00Cr.And Up to 50.00Cr 59,000/-
4 More Than 50.00Cr.And Up to 100.00Cr 70,000/-
5 More Than 100.00Cr 1,00,000/-
Any documents in supporting of bid shall be in electronic format only through online
(by scanning) & hard copy will not be accepted separately.
All documents must be coloured scanned to be seen as original. Scanning in black and
white or gray shall not be acceptable.
All the documents must be notarized with clearly displaying stamp, number and name
(E) CONTRACT PERIOD:
The total contract period is hereby fixed as 12 (Twelve) months (Including monsoon) from
the 10th Day of issuance of work order..
(F) Tenderer must comply with and agree to all instructions & requirements in the Notice and in
the Instructions to Tenderers, including requirements in the Contract Documents.
(a) All tenders must be submitted in the prescribed Tender form.
(b) Each Tender must be accompanied by the completion Schedule.
(c) Each tender must be accompanied by the Tender Security (EMD) Rs. 35,500.00 as
specified in IT-07.
(d) The successful tenderer shall execute the Contract Agreement within fifteen days after
the date of Notice of award.
(e) The successful Tenderer will be required to furnish a performance bond (Security
Deposit) of and amount equal to (2%) Two percent of the tendered amount. As per
clause no. IT-27.
(f) The successful Tenderer shall furnish insurance in accordance with the contract
(g) The Surat Municipal Corporation may withhold issuance of the Notice of proceed for a
period not exceeding fifteen days after the date of execution of the contract
(h) The tender and tender guarantee bond (Earnest Money Deposit) shall be submitted by
the Agency in whose name tender has been issued. Transfer of tender documents to
any other party is prohibited.
(i) All intending tenderers will have to purchase digital signatures in order to participate
in the online bidding process.
(j) All the applicant contractors are required to have their own employers code
number under EPF Act, 1952 and are required to comply the applicable
provisions of said statute regularly and totally.
(k) Further the contractors for services are required to produce the certified copies
of paid challans in respect of employees/workers employed by said contractor
in respect of work allotted by Surat Municipal Corporation, along with copies
of Pay Roll and Muster Roll. If the same are not produced, the bills will not be
(G) RECEIPT OF TENDER DOCUMENTS:
The following details are to be submitted online on smctender.nprocure.com :
a. Document fees and EMD Details
b. Commercial Bid
c. Statement A to B along with all necessary supporting documents
d. Bank solvency
e.Ternover Certificate and Income-Tax Return certificate.
g. GST Registration & P.F. Registration
h. Power of attorney
i. Partnership deed in case of Partnership firm.
j. Affidavit of Annexure A on Non Judicial Stamp Paper of Rs.50/-
k. Anti-Blacklist Certificate on Non Judicial Stamp Paper of Rs.50/-
l. Addenda-Corrigendum (if any) duly signed by Contractor
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.50/-
d. Anti-Blacklist Certificate on Non Judicial Stamp Paper of Rs.50/-
e.Addenda-Corrigendum (if any) duly signed by Contractor.
f. Other necessary documents mentioned in Technical Bid (if any)
Please note that commercial bid shall not be submitted in hard copy under any
circumstances. This will hold the tender liable for rejection.
(H) Tender Validity Period:
The validity period of the tender submitted for this work shall be of one hundred twenty
(120) calendar days from date of opening of the price bid for this work and the Tenderer shall
not be allowed to withdraw or modify the tender offer on his own during the validity period.
(I) Rights Reserved:
Without assigning any reason, The Surat Municipal Corporation reserves the right to reject
the lowest or any other or all tenders or part of its. To waive any informality or irregularity in
any tender, which in the opinion of the Surat Municipal Corporation does not appear to be in
its best interest and the tenderer shall have no cause of action or claim against the Surat
Municipal Corporation or its officers, employee, successors or assigners for rejection of this
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
EXECUTIVE ENGINEER,
EAST (VARACHHA)ZONE - A
SIGNATURE OF CONTRACTOR SURAT MUNICIPAL CORPORATION
2.0 INFORMATION TO TENDERER:
[1] Tender validity period 120 days (One hundred & Twenty days) from the date of
opening of price bid
[2] Earnest Money Deposit RS.35,500.00/- as per IT-07
[3] Security Deposit 2% of Tender value after issuing Work Order & 2% from
the running bills.
[4] Time of Completion 12 (Twelve) months (Including monsoon)
[5] Period of liability for work. 12 (Twelve Months) from the date of issuing final
completion certificate.
[6] Penalty for delay Zero Point two percent (0.20 %) of the contract price per
day maximum up to ten percent of the contract price.
[7] Retention Money Deposit 5.00% (Five percent) of work done and to be deducted
from R.A. bill as per GC-37.
[8] Work Order Main work order shall be for Capital work
[9] Date of download of tender Between Dt.09/03/2026 to 24/03/2026up to 18.00 hrs
from smc.nprocure.com
[10] Last date of submission of Dt. 24/03/2026 up to 18.00 hrs
[11] Last date of submission of During Up to Dt. 08/04/2026 up to 18.00 hrs..
Tender fees, EMD and
Necessary Documents,
Certificates etc. in Hard
EXECUTIVE ENGINEER,
EAST (VARACHHA)ZONE -A
SIGNATURE OF CONTRACTOR SURAT MUNICIPAL CORPORATION
SURAT MUNICIPAL CORPORATION
Statement showing the similar works completed in the last seven years, i.e. for a period starting from
Sr.N Name of Nam Estimate Tendere Date of Target date of Actual Time limit in Percenta Reasons Remark
o. Departme e of d cost of d award completion of Amount year and months ge rate for delay s
nt / Client wor work Amount of work as per of work and in
with k put to contra contract and date complete amount completio
Address tender ct of completion of d of n of work
work if Penalty
Targe Completio Origin Extende
t n Date al Y dY M
Signature of contractor
Statement showing the similar works on hand / in progress.
Sr.No. Name of Name Estimated Tendered Date of Target date of Actual Time limit in year Reasons Remarks
Department of cost of Amount award completion of Amount and months for delay in
/ Client work work put of work as per of work completion
with to tender contract contract and date done of work
Address of completion of
Target % Original Extended
Date Progress Y M (if any)
Signature of the contractor
NAME OF WORK:- ANNUAL RATE CONTRACT MAINTENANCE AND REPAIRING
WORK OF VARIOUS MUNICIPAL SCHOOL BUILDINGS IN
TPS. NO. 04(ASHWINIKUMAR-NAVAGAM), TPS.
NO.15(FULPADA) ,TPS. NO.17(FULPADA) & FULPADA
GAMTAL IN EAST (VARACHHA) ZONE-A, SURAT.
1.0 I, the undersigned, do hereby certify that all the statements made in the required
attachments are true and correct. I also understand that in case of wrongful/false
information, corporation is entitled to take any civil & criminal punitive action against
2.0 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 for such works has been rescinded during last five years, prior to the date of
3.0 The undersigned hereby authorize(s) and request(s) any bank, person, authorities,
government or public limited institutions, firm or corporation to furnish pertinent
information deemed necessary and requested by the SMC to verify our statements or our
competence and general reputation.
4.0 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.
5.0 The SMC and its authorised representatives are hereby authorised to conduct any
inquiries or investigations to verify the statements, documents, and information submitted
in connection with this application and to seek clarification from our bankers and clients
regarding any financial and technical aspects. This Affidavit will also serve as authorisation
to any individual or authorised representative of any institution referred to in the
supporting information, to provide such information deemed necessary and requested by
yourselves to verify statements and information provided in the Tender or with regard to
the resources, experience and competence of the Applicant.
Signed by the authorised signatory of the firm
Title of the office
Name of the firm
It is mandatory to submit the above Affidavit through online (by scanning) and in hard
*Note:- To be given on Non-judicial stamp paper of Rs 50/- duly signed by the authorized
ANTI-BLACKLISTING CERTIFICATE
(on Non Judicial Stamp Paper of Rs.50/-)
(To be provided by Bidder)
NAME OF WORK:- ANNUAL RATE CONTRACT MAINTENANCE AND REPAIRING
WORK OF VARIOUS MUNICIPAL SCHOOL BUILDINGS IN TPS.
NO. 04(ASHWINIKUMAR-NAVAGAM), TPS. NO.15(FULPADA)
,TPS. NO.17(FULPADA) & FULPADA GAMTAL IN EAST
(VARACHHA) ZONE-A, SURAT.
I M/s. __________________________________________ (Name of the Bidder along with name
and address of registered office) hereby certify and confirm that we or any of our
promoter/s/ director/s are not barred by Government of Gujarat (GoG)/ any other entity
of GoG or blacklisted by any state government or central government/ department/
agency/local self Government/Surat Municipal Corporation in India from participating in
Project/s, either individually or as member of a Consortium as on _______ (Bid Submission
We further confirm that we are aware that our Bid for the captioned Project would be
liable for rejection in case any material misrepresentation is made or discovered with
regard to the requirements of this Tender at any stage of the Bidding Process or thereafter
during the agreement period. Dated this ____ day of ___________
To be signed by:
Authorised Signatory with name & designation
Name of the Bidder
It is mandatory to submit the above Affidavit through online (by scanning) and in hard
*Note:- To be given on Non-judicial stamp paper of Rs 50/- duly signed by the
authorized notary.
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 this tender.
(2) I/We hereby declare that I/We have carefully studied the conditions of contract,
specifications and other tender documents of this work and agree to execute the same
EXECUTIVE ENGINEER
EAST (VARACHHA)ZONE -A
SURAT MUNICIPAL CORPORATION
Contractor Signature with
Seal & Address:
Demand Draft for E.M.D. & Tender (Bid) fee shall be submitted in electronic format through
online mode (by scanning) while uploading the bid. This submission shall mean that E.M.D. &
tender fee are received for purpose of opening of the bid. Accordingly offer of those shall be
opened whose E.M.D. & tender (bid) fee is received electronically. However, for the purpose of
realization of D.D. bidder shall send the D.D. in original through RPAD / Speed post so as to reach
to Chief Accountant, SMC as per schedule from the last date of online submission of the bid asper
Following Penalty based actions for not submitting D.D.in original shall be initiated by SMC.
biding If Situation arise Relaxation /Punitive action
Relaxation : Bidder shall pay Penalty as
If bidder fails to submit the per following table within 10 Days from
original D.D. (For tender fee the last date of the hard bid submission
and E.M.D.) within stipulated as mentioned in published tender notice.
time mentioned in published If bidder fails to deposite the penalty
tender notice for this work, amount (as per following table)
Tendere's First Time in this situation….. Punitive action will be taken as below.
Punitive action : Abeyance of
registration for 06 (six) months with
cancelation of E- tendering code for
If bidder fails to submit the Punitive action : Abeyance of
original D.D. (For tender fee registration for 06 (six) months with
and E.M.D.) within stipulated cancelation of E- tendering code for
Tendere's Second
time mentioned in published (six) months
tender notice for this work,
in this situation…..
Tabel for Penalty
Sr.No. Tender Amount in Rs. Penalty Amount inRs.
2 More Than 1.00 Cr. And Up to 10.00Cr 20,000/-
3 More Than 10.00Cr.And Up to 50.00Cr 59,000/-
4 More Than 50.00Cr.And Up to 100.00Cr 70,000/-
5 More Than 100.00Cr 1,00,000/-
Any documents in supporting of bid shall be in electronic format only through online (by
scanning) & hard copy will not be accepted separately.
All documents must be colored scanned to be seen as original, Scanning in black and white
or gray shall not be acceptable.
All the documents must be notarized with clearly displaying stamp, number and name of
"Following Documents shall be submitted in HARD COPY to Surat Municipal Corporation by all
Earnest Money Deposit as mentioned in the tender. (i.e. D.D./Pay Order)
Tender Fees as mentioned in the tender.
Affidavit on Non Judicial Stamp Paper of Rs.50/-
Anti-Blacklist Certificate on Non Judicial Stamp Paper of Rs.50/-
Addenda-Corrigendum (if any) duly signed by Contractor.
Other necessary documents mentioned in Technical Bid (if any)
SURAT MUNICIPAL CORPORATION
EAST (VARACHHA) ZONE -A
CONTRACTOR TO PLEASE READ THIS CAREFULLY
(1) If the tender is taken in favour of the company, a copy of attorney in favour of the
person who may have signed the tender for the company, must accompany the
(2) Solvency certificate of current year Bank or a Revenue Officer of an amount upto
20% of the tender cost plus works on the hand still to be executed will have to be
produced by the contractor.
(3) Voucher for earnest money must accompany the tender. Tenderer may pay earnest
money in form of a crossed demand draft of a local Bank drawn in favour of the
Municipal Commissioner. Earnest Money by cheque shall not be accepted.
(4) The contractor shall have to furnish income tax clearance certificate before his
tender is accepted and intimate assessment No. and Ward under he is which
(5) Copies of certificate as regards previous experience of Govt. or Semi Govt.
Dept., if any must accompany the tender. An attested copy of registration with
MES, Various department of State Govt., Surat Municipal Corporation, CPWD
(6) Declaration showing all works on hand with the contractor and the value of works
that remains to be executed in each case must accompany the tender.
(7) All pages of Schedule: `A & B' & specification should be initiated by the contractor.
(8) All corrections, erasures & over writing should be initialed by the contractor.
(9) Discrepancies and adjustment of errors:-Any error in quantity or amount in
Schedule-`B' showing item of words to be carried out shall be adjusted in
accordance with the following rules:-
(a) In the event of a discrepancy between description in works and figures quoted by a
tenderer in the `rates' column, the descriptions in words shall prevail.
(b) In the event of an error occurring in the amount column of the Schedule- `B'
showing items of works as a result of wrong multiplication of the unit rate and
quantity, the units rate shall be regarded as firm and multiplication shall be
amended on the basis of the rate.
(c) All the errors in totaling in amount column and in carrying forwarded total shall be
(d) Any rounding of amounts against item' or in totals’ shall be ignored.
The tendered sum so altered shall, for the purpose of the tenders, be substituted
for the sum originally tendered and considered for acceptance.
(10) (i) It may please be noted that the tender shall be considered as invalid specially, if
the requirements as per instruction No.1 to 9 above are not complied with before
submitting the tender. Also please read carefully the face sheet and "General Rules
and Direction for the guidance of contractor" of his form.
(ii)Right is reserved to reject any or all tender (s) without assigning any person (s)
(11) In addition to the above the tender will also b e liable to rejected outright if :-
(i) The tenderer proposes any alteration in the works specified or in the time allowed
for carrying out the work or any conditions or correction made in any code or
made of Schedule-`B' or specifications.
(ii) Any of the page or pages of the tender is removed or replaced.
(iii) All corrections, additions or pasted slips are not initialed by the tenderer.
(iv) Any erasures is made by him in the tender
(v) The tenderer or in the case of a firm, each partner or person holding the power of
attorney thereof does not signed or the signature/s is/are not attested by a
witness on page-9 of the tender in the space for the purpose.
(12) In respect of the tenders from the co-operative society, a solvency certificate of
an amount equal to 20% of the amount of the work put to tender will have to be
produced alongwith the tender or a certificate regarding the borrowing capacity if
the society issued by the legal Assistant, Directorate of Cottage Industries will
have to be produced alongwith the tender.
(13) (1) The several documents forming the contract are the essential part of the
contract and requirement occurring in one is as binding as through occurring in all,
they are intended to be mutually explanatory and complementary and to described
and provide for a complete work.
(2) In the event of any discrepancy, the several documents forming the contract or
in any the document, the following order or precedence should apply:-
(a) Dimension & quantities:-
(ii) Schedule-B of the tender form.
(iii) Specification.
On drawings, figures, dimensions, unless obviously incorrect will followed in
preference to sealed dimensions.
(b) Description:
(i) Schedule-B of the tender form.
(ii ) Drawings.
(iii) Specifications.
In case of defective description or ambiguity, the Engineer- in-charge should issue
further instructions direction in what manner the work is to be carried out it being
understood that the best modern practice is too followed. The contractor should
forthwith comply with such instructions.
(3) The contractor should take no advantage of any apparent error or omission in
drawings or specification and the Engineer in charge shall make such corrections
and interpretation as necessary to fulfil the intent of the Plans and specifications.
(4) No withstanding that all proper precautions may have been taken by contractor at
all the times during the progress of the work, the contract shall be held
responsible for all damages whether to the work under execution or to any other
property or to lives of persons during the progress of the work and the period of
(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
14. The contractor should appoint a qualified engineer and he must remain present on
site during working hours.
15. The Quantity mentioned in the scheduled "B" is Tentative (indicative) for each
item. Tender shall have to execute the concerned work/item as per the site
condition and payment shall be made accordingly as per the actual measurement of
the particular item.
16 As per Commissioner Note No.C.N.61, dtd. 05/02/2025
Demand Draft for E.M.D. & Tender (Bid) fee shall be submitted in electronic format
through online mode (by scanning) while uploading the bid. This submission shall mean
that E.M.D. & tender fee are received for purpose of opening of the bid. Accordingly
offer of those shall be opened whose E.M.D. & tender (bid) fee is received electronically.
However, for the purpose of realization of D.D. bidder shall send the D.D. in original
through RPAD / Speed post so as to reach to Chief Accountant, SMC as per schedule
from the last date of online submission of the bid as per tender notice.
Following Penalty based actions for not submitting D.D.in original shall be initiated by SMC.
biding If Situation arise Relaxation /Punitive action
Relaxation : Bidder shall pay Penalty as
If bidder fails to submit the per following table within 10 Days from
original D.D. (For tender fee the last date of the hard bid submission as
and E.M.D.) within stipulated mentioned in published tender notice.
time mentioned in published If bidder fails to deposite the penalty
tender notice for this work, in amount (as per following table) Punitive
Tendere's First this situation….. action will be taken as below. Punitive
Time action : Abeyance of registration for
(six) months with cancelation of E-
tendering code for 06 (six) months
If bidder fails to submit the
original D.D. (For tender fee
and E.M.D.) within stipulated Punitive action : Abeyance of
time mentioned in published registration for 06 (six) months with
tender notice for this cancelation of E- tendering code for
work, in this situation….. (six) months
Tabel for Penalty
Sr.No. Tender Amount in Rs. Penalty Amount in Rs.
2 More Than 1.00 Cr. And Up to 10.00Cr 20,000/-
3 More Than 10.00Cr.And Up to 50.00Cr 59,000/-
4 More Than 50.00Cr.And Up to 100.00Cr 70,000/-
5 More Than 100.00Cr 1,00,000/-
Any documents in supporting of bid shall be in electronic format only
through online (by scanning) & hard copy will not be accepted separately.
All documents must be coloured scanned to be seen as original.
Scanning in black and white or gray shall not be acceptable.
All the documents must be notarized with clearly displaying stamp,
number and name of the notary.
EXECUTIVE ENGINEER,
EAST (VARACHHA)ZONE - A
SURAT MUNICIPAL CORPORATION
SIGNATURE OF CONTRACTOR
INSTRUCTION TO TENDERERS
The Contract documents may be secured in accordance with the notice Inviting
Tender for the work called. The work shall include supply of materials necessary
for construction of the work.
IT-02 INVITATION TO TENDER:
The Surat Municipal Corporation hereinafter referred to as the Corporation will
receive tenders for the work of ANNUAL RATE CONTRACT MAINTENANCE AND
REPAIRING WORK OF VARIOUS MUNICIPAL SCHOOL BUILDINGS IN TPS. NO.
04(ASHWINIKUMAR-NAVAGAM), TPS. NO.15(FULPADA) ,TPS.
NO.17(FULPADA) & FULPADA GAMTAL IN EAST (VARACHHA) ZONE-A, SURAT
As per the specifications in the tender documents. The tenders shall be opened in
presence of opening authority, smc in the presence of tenderers or their
representatives who are present. The Corporation reserves the right to reject the
lowest or any other or all tenders or part of it which in the opinion of the
Corporation does not appear to be in its best interest, and the tenderer shall have no
cause of action or claim against the corporation or its officers, employees,
successors or assignees for rejection of his tender.
IT-03 LANGUAGE OF TENDER:
Tenders shall be submitted in English, and all information in the tender shall also be
in English, Information in any other language shall be accompanies by its translation
in English. Failure to comply with this may make the tender liable to reject.
IT-04 QUALIFICATIONS OF TENDERERS:-
(A) Tenderer shall be required to submit the enlisted documents along with E.M.D.
and tender fees in soft copy (By Scanning). EMD and Tender fee shall be submitted
in hard copy also and in prescribed form for realization. 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 for the pre-qualification.
(A) Tenderer shall be required to submit the enlisted documents along with E.M.D.
and tender fees online. If documents are insufficient or it does not match the
required criteria mentioned below, then the Price Bid of the tenderer shall not be
Mainly tenderer shall fulfill following for pre-qualification,
(B) QUALIFYING CRITERIA OF BIDDER
Sr. No. Criteria
1.1 Average Annual financial turnover during the last 3 Copy of certificate
years, ending 31/03/2025, should be at least 30% of from Chartered
the estimated cost. An attested copy of annual turnover Accountant along
for last 3 years should be enclosed (i.e. 30% of 35.49 with copy of
Lakh) Balance sheets.
1.2 Solvency Certificate from bankers of
Fresh Solvency certificate from bankers of schedule schedule bank /
bank / nationalized bank. Minimum value of solvency nationalized bank
shall be 20% of estimated cost of the Tender (Solvency
certificate should not be older than One year from
Last date of online Tender submission.) (i.e. 20% of
2.0 Registration
2.1 Minimum “E-1” Class WITH EXPERIENCE . Registration
Registration Class with any government, semi Certificate
government organization
2.2 Power of attorney, Partnership deed or Registration Attested copy
deed. should be
3.0 Relevant Experience
3.1 Similar works during last 7 years.
3.1.1 Three similar completed works, each costing not less Attested copies of
than amount equal to 40% of the estimated cost put to certificates from
the tender(i.e. 40% of 35.49 Lakh) head of the office
Or concerned for
3.1.2 Two similar completed works, each costing not less the completion of the
amount equal to 50% of the estimated cost put to the works.
tender(i.e. 50% of 35.49 Lakh) Only Govt. or Semi
Or Govt. Works shall
3.1.3 One similar completed works, each costing not less the be considered for
amount equal to 80% of the estimated cost put to the Similar Works
tender. (i.e. 80%of 35.49 Lakh)
4.0 Other details
The Bidders certify that all the statements made in the AFFIDAVIT
required attachments are true and correct.and also on non-judical
understand that in case of wrongful/false information, stamp paper of
corporation is entitled to take any civil & criminal Rs.50/-
punitive action against him.
4.2 The Bidders shall note that in case the Bidder is
blacklisted / stated as defaulter / barred participating ANTI
in tenders by any of government agencies / semi BALCKLISTING
government agencies or any other equivalent agencies CERTIFICATE
during last 5 years then in that case, the Bidders will be on non-judical
disqualified and will not be allowed to participate in the stamp paper of
bidding process, though bidder satisfies all the Rs.50/-
qualification conditions mentioned above. In this
regard, the decision of the Surat Municipal Corporation
will be final and binding to Bidder.
4.3 Works on hand & Litigation
The Bidder including any Member shall provide details
of all their on-going projects along with stage of STATEMENT-A & B
litigation, if so, against the Employer / Governments.
NOTE:- SIMILAR WORK MEANS CONSTRUCTION OF R.C.C. FRAME STRUCTURE
BUILDINGS WORKS ONLY.
(a) Turnover during last 3 years, ending 31st March of previous financial year
should be atleast 30% of Estimated Cost. An attested copy of annual turnover
for last 3 years should be enclosed.
(b) Solvency certificate from bankers of schedule bank / nationalized bank for the
20% of tender amount. Tenderer has to submit higher amount of bank solvency
if so desired by Commissioner, SMC (Solvency certificate should not be older
than One year from Last date of online Tender submission.)
(c) An attested copy of registration with MES, Various department of State Govt.,
Surat Municipal Corporation, CPWD etc.
(d) List of the works already completed in last 7 years in prescribed proforma
as per STATEMENT-A and attested copies of certificates from head of the
office concerned for completion of the works.
Following enhancement factors will be used for the cost of works executed and
financial figures to amount base for the value of the works completed in India.
Financial Year Multiplying factor
Three (2022-23)
Seven (2018-19)
Bidder should indicate actual figures of cost and the amount for the work executed
in Statement-A without accounting for the above mentioned factors.
(e) Declaration regarding the work on hand with the tenderer should also be given
in prescribed performa as per Statement-B. Attested copies of work orders, interim
certificates if any shall also be attached as supporting documents.
(f) Attested copy of partnership deed, power of attorney etc.
(g) Attested copy of last 3(three) years IT return should be enclosed.
(h) Attested copy of machinery and tools,staff list should be enclosed.
(i) Application Received from joint venture / consortium shall not be
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.
IT-05 TENDER DOCUMENTS :
Printed and online documents and set of drawings shall comprehensively be
referred to as Tender documents. The several sections forming the documents are
the essential parts of the contract and a requirement occurring in one shall be
binding as though occurring in all. They are to be taken as mutually explanatory and
describe and provide for complete works.
IT-06 EXAMINATION BY TENDERERS:
A. At his own expenses and prior to submitting his tender, each tenderer shall (a)
examine the contract Documents, (b) visit the site and determine local
conditions which may affect the work including the prevailing wages and other
pertinent cost factors, (c) familiarize himself with all CENTRAL, State and local
laws, ordinance, rules, regulations and codes affecting the material supply
including the cost of permits and licenses required for the work and (d)
correlate his observations, investigations, and determinations with the
requirements of the Tender Documents.
B. The tender quantity is approximate and may increase or decrease. Any increase
or decrease in quantity will not entitle tenderer to claim any extra over the
C. Tender Documents be completed by legible ink, checked in a responsible manner,
signed, stamped and returned together with the Tender Security Bond by the
stipulated date, which shall form the Tender.
The Tenderer is required to complete:
(I) The form of tender, including the Appendices thereto Tender Security Bond
and the Tender summary duly signed and stamped.
All the pages in which entries are required to be made by the tenderer are
contained in the tender documents and the tenderer shall not take out or add to
or amend the text of any of the documents except in so far as may be necessary
to comply with any addenda issued pursuant to Clause IT-17 hereof
IT-07 EARNEST MONEY DEPOSIT:
A.The Tender shall be accompanied by of Earnest Money Deposit Rs. 67,000.00/-
The tenderer shall pay Earnest Money Deposit to be deposited by pay
order/demand draft issued in favour of Commissioner, Surat Municipal
Corporation, Surat through Nationalised/Schedule Bank 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 out rightly
Finance Department, GR. No: FD/MSM/e-file/4/2024/2859/D.M.O.
(A) Gautantees issued by the following bank will be accepted as SD/EMD on permanent
All Nationalized Banks
(B) Guarantees issued by the following Banks will be accepted as SD/EMD for the period up
to March 31, 2026. The validity cut-off date in the GR is with respect to the date of issue of
Bank Guarantee irrespective of the date of termination of Bank Guarante
Axis Bank South Indian Bank
AU Small Finance Bank Standard Chartered Bank
Bandhan Bank Tamilnadu Mercantile Bank
Barclays Bank Utkarsh Small Finance bank
City Union Bank YES Bank
CSB Bank Ahmedabad Mercantile Co.op. bank
DBS Bank India Limited Nutan Nagrik Sahakari Bank Limited
DCB Bank Rajkot Nagarik Sahakari Bank Limited RBL Bank
Equitas Small Finance Bank Saraswat Co-Operative Bank Ltd.
ESAF Small Finance Bank SBPP Co-Operative Bank Ltd.
HDFC Bank SVC Co.operative bank Ltd.
HSBC bank The Cosmos Co-op Bank Ltd.
ICICI Bank The Gujarat State Co-Operative Bank
IDBI Bank The Mehsana Urban Co-operative bank Limited
IDFC First Bank The Surat District Co-operative Bank
Induslnd Bank The Surat Peoples Co-Operative Bank
jammu and Kashmir Bank The Kalupur COmmercial Co.op. Bank
Jana Small Finance Bank The Panchmahal District Co-operative Bank
Karnataka Bank The Baroda District Co-operative Bank
Karur Vysya Bank Baroda Gujarat Gramin Bank
Kotak Mahindra Bank Saurashtra Gramin Bank
All the eligible banks are instruted to collect the original documents/papers of
guarantee from the concerned tendering authority.
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.
D. No interest shall be paid by the owner on any tender guarantee.
IT-08 REMOVAL OF CONSTRUCTION DEBRIES :
The Contractor has to clear the site incl. removal of dusts, stones, excess excavated
soils and other materials from all parts, left out concrete, brick bats, and wastage of
tiles, granite etc., plaster residues, Color residue and any other debris before
handing over site to the Municipal Corporation. No additional payment for the same
will be made from corporation regarding cleaning of site and carting of debris from
the site to the disposal area.
Conditions should be followed as per GC-151 (C & D waste).
IT-09 PREPARATION OF TENDER DOCUMENTS:
Tenderers are requested to note the following while preparing the Tender
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
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
E. Price Bid shall be submitted online. Tenderers are requested to quote for all
parts of the tender.
IT 10 SUBBMISSION OF TENDERER DOCUMENT:-
SUBBMISSION OF TENDERER DOCUMENT:-
Technical bid and price bid are not to be submitted in physical form. Please
note that non submission of Technical Bid as well as price bid does not
absolve the bidders from any liability created from the bid condition and
bidding process. Technical-Bid and Price Bid in hard copy shall be submitted
by Successful bidder upon intimation from Surat Municipal Corporation.
As per Commissioner Note No.C.N.61, dtd. 05/02/2025
Demand Draft for E.M.D. & Tender (Bid) fee shall be submitted in electronic format
through online mode (by scanning) while uploading the bid. This submission shall
mean that E.M.D. & tender fee are received for purpose of opening of the bid.
Accordingly offer of those shall be opened whose E.M.D. & tender (bid) fee is
received electronically. However, for the purpose of realization of D.D. bidder shall
send the D.D. in original through RPAD / Speed post so as to reach to Chief
Accountant, SMC as per schedule from the last date of online submission of the bid
as per tender notice.
Following Penalty based actions for not submitting D.D.in original shall be initiated by SMC.
biding If Situation arise Relaxation /Punitive action
Relaxation : Bidder shall pay
If bidder fails to submit the Penalty as per following table within
original D.D. (For tender fee 10 Days from the last date of the
and E.M.D.) within stipulated hard bid submission as mentioned
time mentioned in published in published tender notice.
tender notice for this work, in If bidder fails to deposite the
Tendere's First Time this situation….. penalty amount (as per following
table) Punitive action will be taken
as below. Punitive action :
Abeyance of registration for 06 (six)
months with cancelation of E-
tendering code for 06 (six) months
If bidder fails to submit the
original D.D. (For tender fee
and E.M.D.) within stipulated Punitive action : Abeyance of
Tendere's Second Time
time mentioned in published registration for 06 (six) months with
tender notice for this cancelation of E- tendering code for
work, in this situation….. 06 (six) months
Tabel for Penalty
Sr.No. Tender Amount in Rs. Penalty Amount in
2 More Than 1.00 Cr. And Up to 10.00Cr 20,000/-
3 More Than 10.00Cr.And Up to 50.00Cr 30,000/-
4 More Than 50.00Cr.And Up to 100.00Cr 70,000/-
5 More Than 100.00Cr 1,00,000/-
Any documents in supporting of bid shall be in electronic format only through
online (by scanning) & hard copy will not be accepted separately.
All documents must be colored scanned to be seen as original. Scanning in
black and white or gray shall not be acceptable.
All the documents must be notarized with clearly displaying stamp, number
and name of the notary
Following documents shall be submitted in HARD COPY TO Surat Municipal
Earnest Money Deposit as mentioned in the Tender.
Tender Fees as mentioned in the tender
Affidavit of Annexure A on Non Judicial Stamp Paper of Rs.50/-
Anti-Blacklist Certificate on Non Judicial Stamp Paper of Rs.50/-
Addenda-Corrigendum (if any) duly signed by Contractor.
Other necessary documents mentioned in Technical Bid (if any)
All necessary documents mentioned in Technical bid (if any). shall be
submitted online.
(i) COVER-1: Technical Bid
E.M.D and Tender Fees for the work of : ANNUAL RATE CONTRACT
MAINTENANCE AND REPAIRING WORK OF VARIOUS MUNICIPAL SCHOOL
BUILDINGS IN TPS. NO. 04(ASHWINIKUMAR-NAVAGAM), TPS.
NO.15(FULPADA) ,TPS. NO.17(FULPADA) & FULPADA GAMTAL IN EAST
(VARACHHA) ZONE-A, SURAT along with other Documents in Hard Copy Up to Dt.
08/04/2026 up to 18.00 hrs. Also mention the name of tenderer, address, tender
notice number etc. on the cover .
Price bid for the work : ANNUAL RATE CONTRACT MAINTENANCE AND
REPAIRING WORK OF VARIOUS MUNICIPAL SCHOOL BUILDINGS IN TPS. NO.
04(ASHWINIKUMAR-NAVAGAM), TPS. NO.15(FULPADA) ,TPS.
NO.17(FULPADA) & FULPADA GAMTAL IN EAST (VARACHHA) ZONE-A, SURAT
shall be submitted online.
The name of work to be written on cover shall be work : ANNUAL RATE
CONTRACT MAINTENANCE AND REPAIRING WORK OF VARIOUS MUNICIPAL
SCHOOL BUILDINGS IN TPS. NO. 04(ASHWINIKUMAR-NAVAGAM), TPS.
NO.15(FULPADA) ,TPS. NO.17(FULPADA) & FULPADA GAMTAL IN EAST
(VARACHHA) ZONE-A, SURAT Also mention the name and the address of tenderer,
tender notice number on the cover and to be submitted to the Chief Accountant,
Surat Municipal Corporation, Muglisara, 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 35,500.00 The
tenderer will pay Earnest Money Deposit by Pay Order/Demand Draft issued
in favour of "Commissioner, Surat Municipal Corporation, Surat" by
Nationalized Bank. In the form of Demand Draft and Pay Order
(b) A covering letter detailing various considerations considered in tender shall
invariably be given.
(c) Passport size photographs of all the partners (incase of partnership firm) to
be fixed on relevant Page of the tender documents.
3. (a) List of tools, plants and equipments with tenderer in detail.
(b) Technical establishment/staff of the tenderer in required Performa with
their names, qualifications and experience.
(c) Tenderer shall furnish along with the tender, information regarding
Income tax circle of the district in which he is assessed for income tax with
4. Submission of a tender by a tenderer shall mean that he has read this notice and
contract documents and has made himself aware of the scope and specifications
of the work to be done and of conditions and nature of required quantities of
materials stores, tools and plants etc. that may be required by him in carrying out
the work and of local conditions and laws and bylaws of the Government, Surat
Municipal Corporation and other factors bearing influence on the execution and
cost of the works.
5. E.M.D., Tender Fee and other necessary document in hard copy shall be received by
Registered Post A.D. or by Speed Post through Postal Authority only by the "Chief
Accountant, Surat Municipal Corporation, Muglisara, Surat-395003 Up to Dt.
The same will be opened on the Dt. 25/03/2026, 10.00 hrs. (Technical Bid)
onwards (Probable) in the presence of the tenderers, who shall remain present in
the office of "Tender opening officer, Surat Municipal Corporation, Surat. Late
tenders (i.e. tenders received after the specified time of opening), delayed tender
(i.e. tenders received before the time of opening but after due date and the time of
receipt of tender) shall not be considered at all. Tenders received by Registered
Post A.D./ Speed Post after the time and the date specified in the tender notice
shall not be received by the client from the postman. Such tenders if received will
not be opened and will stand rejected.
6. Tender shall stand rejected if:
1. Any eraser is made in the tender unauthenticated or any page or pages is/are
removed or replaced.
2. The tenderer shall submit the tender which satisfied each and every
conditions laid down in the notice tender documents, failing which the tender
will be liable 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 firm.
8. Does not pay the Earnest Money Deposit by Demand Draft/Pay order or as
mentioned in the tender and Tender Fees with Technical Bid (Cover-1).
9. Does not submit the tender before the stipulated time and specified date in
the Account Office as directed.
10. Does not attach the document mentioned/ does not submit documents
required in soft copy (By scanning)
11. The tenderer proposes any alteration in the work specified in the tender or
in the time limit allowed for carrying out the work or any other condition.
7. All corrections, additions or posted slips to be initialed by the tenderer.
8. All page of tender documents including specifications should be initialed by the
9. The tenderer shall submit the tender which satisfies each and every conditions
laid down in this notice and tender documents failing which the tender is liable for
10. Notice of inviting tenders shall be a part of the contract documents.
11. Acceptance of tenderer/quotation will rest with the competent authority of Surat
Municipal Corporation who does not bind himself to accept the lowest and reserves
the right to accept or to reject any or all quotations/tenders and no reasons will be
given for acceptance or rejection thereof.
12. The contractor shall also attach list of machineries, tools, plants, equipment s
which he propose to deploy for this work.
13. All octroi duty and other taxes chargeable by the Municipal Corporation shall be
payable by the Contractor.
14. Tender once accepted shall be binding on the contractor even if the formal
agreement 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 tenderer s are requested to give complete specification of work quoted.
19. Unless specifically mentioned by the tenderer for the extra payment of taxes on
price quoted by them it will be presumed the prices quoted are inclusive of the all
taxes and no claim will be entertained for payment of extra taxes on the bills
submitted by them.
20. The Price-bid will be opened only after technical clarifications are clarified.
21. Surat Municipal Corporation reserves the right to open or not to open any or all
Price-bid without assigning any reason thereof.
IT-11 TENDER VALIDITY PERIOD :
The validity period of the tender submitted for this work shall be of one hundred
twenty (120) Calendar day from the date of opening of price bid and that the
tenderer shall not be allowed to withdraw or modify the tender offer on his own
during the validity period. The tenderer will not be allowed to withdraw the tender
or make any modifications or additions in the terms and conditions of his own in
his tender. If this is done then the owner shall, without prejudice to any right or
remedy, be at liberty to reject the tender and forfeit the Earnest Money Deposit in
IT-12 SIGNING OF TENDER DOCUMENTS :
If the Tender is made by an individual it shall be signed with his full name above his
current address. If he tender is made by a Proprietary firm it shall be signed by the
proprietor above his name and the name of his firm with his current address.
If the tender is made by a firm in partnership it shall be signed by all the partners of
the firm above their full names and current addresses, or by a partner holding the
power of attorney for the firm signing the Tender in which case a certified copy of
the power of attorney shall accompany the Tender. A certified copy of the
partnership deed, current addresses of all the partners of the firm shall also
accompany the tender.
If the tender is made by a limited company or a limited Corporation, it shall be by a
duly authorized person holding the power of attorney for signing the Tender in
which case a certified copy of the power of attorney shall accompany the Tender.
Such limited company or Corporation may be required to furnished satisfactory
evidence of its existence before the contract is award.
All witnesses and sureties shall be persons of status and probity and their full
names, occupations and addresses shall be stated below their signatures. All
signatures in the Tender document shall be dated.
IT-13 WITHDRAWAL OF TENDERS :
If, during the Tender validity period, the Tenderer withdraws his Tender, the
Tender Security (Earnest Money) shall be forfeited and the Tenderer may be
disqualified from tendering for further works under the jurisdiction of SURAT
MUNICIPAL CORPORATION
IT-14 INTERPRETATIONS OF TENDER DOCUMENT :
Tenderers shall carefully examine the tender documents and fully inform
themselves as to all the conditions and matters which may in any way effect the
work or the cost thereof. Should a tenderer find discrepancies or omission from the
specifications or other documents, or should be in doubt as to their meaning, he
should at once address query to the Divisional Head provided for concerned
authority as referred in the Tender Document in Clause GC-01 (Definitions and
interpretations) of the (General Condition of Contract). Any resulting interpretation
of the Tender documents will be issued to all Tenderers as an addenda
corrigendum. Verbal clarification and / or information given by the SMC /
Consulting Engineer shall not be binding on the Municipal Corporation.
IT-15 ERRORS AND DISCREPANCIES IN TENDERS :
In case of conflict between the figures and words in the rates, the rates expressed in
words shall prevail and apply in such cases.
IT-16 MODIFICATION OF DOCUMENTS :
Modification of specifications and extension of the closing date of the tender, if
required, will be made by an addendum. Copies of each addendum will be sent to all
tenderers. These shall be Signed and shall form a part of tender. The tenderer shall
not add to or amend the text of any of the documents except in so far as may be
necessary to comply with any addenda.
Addenda form part of the contract documents & full consideration shall be given to
all addenda in the preparation of tenders. Tenderers shall verify the number of
addenda issued, if, any and acknowledge the receipt of all Addenda in the Tender.
Failure to acknowledge may cause the Tender to be rejected.
A. The Engineer of the owner may issue Addenda to advise Tenderers of changed
requirements. Such addenda may modify previously issued Addenda.
B. No Addendum may be issued after the time stated in Notice Inviting Tenders.
IT-18 TAXES AND DUTIES ON MATERIAL :
GST (Goods & Service Tax) has come in existence from 1st July,
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.
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 then Rs. 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
NOTE:- The Rates mentioned in Tender BOQ/Schedule-B are excluding GST. GST will
be reimbursed separately (if applicable as per the opinion of Account
department of SMC / GST Consultant of SMC) as per the prevailing GST
Rates decided by the Government. The contractor is invariably bound to
any changes in GST Rates made during the course of the work. The
payment (if applicable) for GST will be only released only after the
applicable Amount reflects on Government portal. Decision of Account
Department of SMC regarding applicable GST Rates will be final.
1% Construction Cess will be deducted from respective R.A. Bill and Final bill in
accordance with the prevailing norms of Govt. of Gujarat.
IT-19 EVALUATION OF TENDERS :
As per IT (04), Experience of the Contractor shall be considered for Similar kind of
IT-20 EVALUATION OF TIME REQUIRED FOR COMPLETION :
The time required for completion of work shall be considered as indicated by the
tenderer in the completion schedule attached with the tender. The completion
period mentioned in this schedule is to be reckoned from 10th day from the date of
work order to proceed. Total completion period is calendar months from 10th day
from date of issue of work order and tenderer s should adhere to this delivery time.
IT-21 POLICY FOR TENDER UNDER CONSIDERATION :
Tenders shall be termed to be under consideration from the opening of the tender
until such time an official announcement of award is made.
While tenders are under consideration, tenderer s and their representative or other
interested parties are advised to refrain from connecting by any means Municipal
Corporation or representatives on matters related to the tenders under study. The
Engineer's representative if necessary will obtain clarification on tenders by
requesting information from any or all the tenderer s either in writing or through
personal contact, as may be necessary. The tenderers will not be permitted to
change the substance of his tender after price submission. Non-compliance with
this provision shall make the tender liable for rejection.
IT-22 PRICES AND PAYMENTS :
The tenderer must understand clearly that the price quoted are for the total works
or the part of the total works quoted for and include all costs due to materials
labour, equipment, supervisions, other services, royalties and Octroi etc. and to
include all extras to cover the cost. No claim for additional payment beyond the
prices quoted will be entertained and the tenderer will not be entitled subsequently
to make any claim on any ground excepting for the condition laid down in GC-35
(Price Adjustment).
IT-23 PAYMENT TERMS :
The terms of payment are defined in the General Conditions of Contract. The
Municipal Corporation shall not under any circumstances relax, their terms of
payment and will not consider any alternative payment terms. Tenderer s should
therefore in their own interest note this provision to avoid rejection of their
Award of the Contract or the rejection of tenders will be made during the Tender
validity period stated in the Notice Inviting Tenders.
A. After all contract contingencies are satisfied and the Notice of Award is issued,
the successful Tenderer shall execute the Contract Agreement within the time
stated in the Notice Inviting Tenders and shall furnish the Bond as required
herein. The Contract Agreement shall be executed in the form stipulated by the
owner. A copy of the required form is included in the contract documents.
B. If the Tenderer receiving the Notice of Award fails or refuses to execute the
Contract Agreement within the stated time limit or fails or refuses to furnish the
Bond as required herein, the SMC may annul his award and declare the tender
security 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 authorized
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 :-
(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
(d) The tender documents are not signed by an authorized person.
(e) The general performance data for qualification not submitted fully.
(f) The tenderer does not agree to deposit security amount as specified
(as per Article IT-25 i.e. Signing of Contract).
(g) The tenderer does not agree to payment terms defined as per Article
IT-23 i.e. Payment Terms.)
(h) Conditional tender.
A. Tenderer may further be disqualified if :
(a) Price variation is proposed by the Tenderer on any principles other
than provided in the Tender Documents.
(b) Completion schedule offered is not consistent with the completion
schedule defined and specified in tender documents.
(c) The validity of tender is less than that mentioned in Article IT-11 i. e.
Tender Validity Period.
(d) Any of the page or pages of tender is/are removed or replaced.
(e) All corrections or pasted slips are not initialed by tenderer.
(f) Any erasure is made in the tender.
IT-27 PERFORMANCE GUARANTEE (SECURITY DEPOSIT) :
The total Security Deposit is 4% (Four) percent of contract value and shall be as under:
The successful tenderer shall have to pay initial security deposit at 2% (two) percent of
the tendered amount.
Initial Security Deposit (2%) shall be paid in form of Cash or Demand Draft/ Pay
Order if the Tender Amount of work is less than Rs. 2.00 crore.
Initial Security Deposit (2%) shall be paid in form of Cash or Demand Draft/ Pay
Order / bank Guarantee (encashable at Surat city)/ FDR if the tender Amount of
work is more than Rs. 2.00 crore & 2.00 crore.
The person/persons whose tender may be accepted [here-in after called the Contractor,
which expression shall unless excluded by or repugnant to the context include his heirs,
executors, administrators and assignees shall (within 15 days of the receipt by him of the
notification of the acceptance of his tender) deposit with Municipal Commissioner cash or
Government securities endorsed to the Commissioner sum sufficient which will make up
the full security deposit specified in the tender.
If the amount of the security deposit to be paid in lump sum within the period specified
above is not paid the tender contract already accepted shall be considered as cancelled.
The security deposit lodged by Contractor shall be refunded after the expiry of the Defects
Liability period as shown in the attached Memorandum after deducting dues, if any, which
become liable to be recovered from the Contractor under the terms and conditions of this
Regarding remittance and release of Security Deposit (SD), Retention money deposit
(RMD) following clause will supersede over and above all the clauses depicted in the
tender document.
Tender costing Less than Rs.2.00 Crore.
(a) Remittance of SD/RMD
(i) The total security deposit shall be recovered at the rate of 4% from contractor.
Out of which, 50% of amount as Initial Security Deposit shall be payable at the
rate of 2% of approved tender cost in form of Cash or Demand Draft/ Pay Order
of any Nationalised Bank (encashable at Surat city).
(ii) The remaining amount of the Security Deposit i.e. 2% to be deducted from each
running account bill.
(iii) 5% Retention money deposit (RMD) to be retained from each running account
(b) Release of SD/RMD
(i) The 2% Initial security deposit shall be released after clearance of Final bill by
Audit Dept and completion of defect liability period.
(ii) Whereas, the 2% security deposit recovered from the each running account bills
Shall be released along with Final Bills according to Work Quality..
(iii) 5% Retention money deposit (RMD) to be released along with final bill.
Tender costing Rs.2.00 Crore. & more than Rs.2.00 Crore.
(a) Remittance of SD/RMD
(i) The total security deposit shall be recovered at the rate of 4% from contractor.
Out of which, 50% of amount as Initial Security Deposit shall be payable at the
rate of 2% of approved tender cost in form of in Cash or Demand Draft/ Pay
Order / FDR / Bank Guarantee of any Nationalised Bank (encashable at Surat
(ii) The remaining amount of the Security Deposit i.e. 2% to be deducted from each
running account bill.
(iii) 5% Retention money deposit (RMD) to be retained from each running account
(b 1) Release of SD/RMD
(i) The 2% Initial security deposit in form Demand Draft /Pay order / FDR shall
be released after clearance of Final bill by Audit Dept & completion of defect
liability period.
(ii) Whereas, the 2% security deposit recovered from the each running account bills
Shall be released along with Final Bills according to Work Quality.
(iii) 5% Retention money deposit (RMD) to be released along with final bill.
(b 2) Release of SD/RMD
(i) The 2% Initial security deposit in form Bank Guarantee shall be released along
with Final Bills according to Work Quality.
(ii) Whereas, the 2% security deposit recovered from the each running account bills
Shall be released after clearance of Final bill by Audit Dept & completion of
defect liability period.
(iii) 5% Retention money deposit (RMD) to be released along with final bill.
The amount recovered from the running bills as security deposit shall not be allowed
to the transferred in the form of Bank Guarantee. However, the remaining 50% (2% of
Security Deposit) of the amount so, deducted from running bills will be allowed for
conversion in the form of interest bearing fixed deposit receipt, (FDR) issued in favour
of the Municipal Commissioner, Surat Municipal Corporation, Surat by a Nationalized
Bank located at Surat only. Additional stamp duty payable as per government
prevailing rule shall be paid by contractor for remittance of this FDR.
It is clarified that the amount of security deposit shall be collected on the basis of
contract price and not on the basis of Estimated Amount put to tender. As initial
Security Deposit as mentioned above, accepted by the competent Authority shall have
to be paid toward Security Deposit at the time of execution of agreement.
Interest will be payable on FDR (that is deducted from Running Bill and
converted in to FDR for initial SD) for One year, after completion of work. After that
no further interest shall be paid for any extended period what so ever.
If the Security Deposit is not paid within 15 days from the date of L.O.I. /
Work Order than penalty at the rate of 0.065% per day of the amount of Security
Deposit will charged. If the Security Deposit is not paid within one month with
interest, necessary actions as per condition of contract will be taken.Initial Security
Deposit ( i.e. 2% Of Tender Amount) in form of Bank Guarantee may be
accepted as per relevant tender provision, However BG shall be valid till final
date of completion of work+1year (Whether final bill is audited and paid or
It shall be contractor's responsibility to extent the BG On Or Before
expiry of time limit of BG. In case of late renewal of BG, penalty of security
deposit shall be levied interest at the rate of 4.00% per year of BG amount.(As
per City Engineer note No.626,Dt.04/07/2022)
The successful tenderer shall have to enter into an agreement on a non-
judicial stamp paper of Rs. 300/- if initial Security Deposite paid in form Bank
Guarantee or Demand draft as per the form of the agreement approved by the
Municipal Corporation, Surat.
If initial Security deposit is paid in form of Fixed Deposit, additional
stamp paper amounting As per government’s prevailing rule of Security
Deposit shall be used to execute the agreement.
The undertaking shall be executed on stamp paper worth Rs. 300/-.
The Surety shall be executed on stamp paper worth Rs. 300/-.
IT-28 STAMP DUTY :
The successful tenderer shall have to enter into an agreement on a non-judicial
stamp paper of Rs.4.90% of S.D. Amount, if S.D. Amount in FDR and otherwise as
per the form of the agreement approved by the Municipal Corporation, Surat.
The agreement shall be executed on stamp paper worth Rs.4.90% of S.D. Amount.
The Undertaking and Surety shall be executed on stamp paper worth Rs.300/- +
Specific references in the specifications to any materials by tender's name, or
catalogue number shall be construed as establishing a standard or quality and
performance and not as limiting competition and the tenderer in such cases, may at
their option freely use any other product, provided that it ensures and equal or
higher quality than the standard mentioned and meets Municipal Corporation
All Stamp Duty consider as per Urban Development & Urban Housing
Development Dept, Gandhinagar Letter no.PRC/802021/567/P, Dt.
IT-30 NON-TRANSFERABLE :
Tender documents are not transferable.
IT-31 COST OF TENDERING :
The owner will not defray expenses incurred by Tenderer s in tendering.
IT-32 DEFECT OF TENDER :
The Tender for the work shall remain open for a period of 120 calendar days from
the date of receipt of the tenders for this work and that the tenderer shall not be
allowed to withdraw or modify the offer on his own during the period. If any
tenderer withdraws or makes any modifications or additions in the terms and
conditions on his own, then the Municipal Corporation, shall without prejudice to
any right or remedy, be at liberty to reject the tender and forfeit the earnest money
IT-33 CHANGE IN A QUANTITY :
The Surat Municipal Corporation reserves the right to waive any informality in any
tender and to reject one or all tenders without assigning any reasons for such
rejections and also to very to quantities of items or group as specified in the
Schedule of price as may be necessary. Claim what so ever by the contractor on the
basis of variation of quantities shall not be entertained.
IT-34 NEW EQUIPMENT AND MATERIAL ;
All materials, equipment and spare parts thereof shall be new, unused and originally
coming from manufacturer's plant to the Corporation. The rebuilt or overhauled
equipment/materials will not be allowed to be used on work.
IT-35 RIGHTS RESERVED ;
The SMC reserves the right to reject any or all tenders, to waive any informality or
irregularity in any tender without assigning any reasons. The SMC further reserves
the right to withhold issuance of the notice to proceed, after execution of the
contract agreement, for the period of time stated in the notice inviting tenders and
no additional payment will be made to the successful tenderer on account of such
withholding. The SMC is not obliged to give reasons for any such action.
IT-36 Municipal Commissioner reserves the right to reduce the scope of work and split the
tender in two or more parts without assigning any reason even after the award of
IT-37 No mobilization advance or advance on machinery will be given.
IT-38 The scope of work is clearly mentioned in the tender documents. The contractor
shall have to carry out the work in accordance with the details specifications. No
conditions will be accepted. The conditional tender will be liable to be rejected.
IT-39 The surplus excavated earth, after back-filling the trenches shall have to be removed
from the site as directed.
After compaction and consolidation, if any short fall of earth is found then
contractor has to bring the same to the required quantity in order to meet shortfall
at his own cost. More over, if any settlement of road after reinstatement is
oobserved during the defect liability period of the work. Contractor shall be fully
responsible for the defective work and patches/ depression / settlement shall be
repaired with quarry spoil or metal at contractor's own cost. If contractor fails to
repair the patches / depression / settlement in time, corporation will repair it at all
risk and cost of contractor.
Surplus earth shall not be disposed off in a way that leads to nuisance to the public
IT-41 No escalation charge/rates shall be paid by SMC in anycase.
IT-42 Contractor must be submitted The cement/steel (Zerox copy) 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.
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.
IT-46 TESTING OF CEMENT AND STEEL
It should be specifically noted that the cement and steel brought by the contractor at
site of work shall be used only after the same is tested at the approved laboratory as
per the direction of the Engineer-in-charge. Such approved laboratory may be
located at Surat, Baroda, and Ahmedabad or Mumbai.
All the charge for the transport and testing of the samples shall have to be borne by
the contractor. The frequency of testing such material shall be in accordance to the
relevant Indian Standards as directed by Engineer-in-charge
IT-47 : GIS DATA
"The Contractor/Agency shall prepare and submit accurate GIS-ready spatial and
non-spatial (attribute) data of the infrastructure work as per the SMC GIS Project
Data Model for integration into the City GIS Project. The Contractor may use
DGPS/GNSS survey, Total Station/ETS survey, mobile GPS survey, preparation.of.
AutoCAD/As-Built Drawings, Google Earth KML/KMZ method - for. GIS data
preparation. (select appropriate method) GIS data shall be integrated into the City
GIS Project in two stages: (1) after issuance of the Work Order and before release of
the First RA Bill, by submitting the Proposed Drawing of the work; and (2) after
completion of the work and before release of the Final Bill, by submitting the As-
Built Drawing prepared as per the actual executed site conditions. All costs towards
accurate survey and data preparation shall be borne by the Contractor, and
payments shall be released only after verification and successful integration of the
submitted data into the City GIS Project.
EXECUTIVE ENGINEER,
EAST (VARACHHA)ZONE - A
SURAT MUNICIPAL CORPORATION
SIGNATURE OF THE CONTRACTOR.
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
Where the work are proposed to be executed according to the
specifications recommended by a contractor and approved by a competent
authority on behalf of the corporation, such specifications with designs and
drawings shall form part of the accepted tender.
(2) In the event of the tender being submitted by a firm, it must be signed
separately by each partner thereof, or in the event of the absence of any
partner, it shall be signed on his behalf by a person holding a power of attorney
authorizing him to do so.
(3) Receipts for payments made on account of any work, when executed by a firm,
shall also be signed by all the partners, except where the contractor are described
in their tender as a firm, in which case the receipts shall be signed in the name of
the firm by one of the partners or by some other persons having authority to give
effectual receipts 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.signle tender include more than one
will liable to be rejection No. single tender include more then one work but
contractors who wishes to tender for each. Tender shall have (to which they
refer) written outside the envelope.
(5) The Commissioner or his duly authorized assistant shall open tender in the
presence of any intending contractors who have submitted tender or their
representatives who may be present at the time.In the event of a tender being
accepted, the contractor shall there upon for the purpose of identification, sign
the copies of the specifications and other documents mentioned in this tender.
In the event of the tender being rejected, the divisional officer shall authorized
the accountant to refund the amount of earnest money deposited to the
contractor making the tender on his giving a receipt for the returned of the
(6) The officer competent to dispose of the tender shall have the right of rejecting
all or any of the tenders.
(7) No receipts for any payment alleged to have been made by a contractor in
regard to any matter to this tender shall be valid and binding on corporation
unless it is signed by the Engineer-in- charge.
(8) The memorandum of work to be tendered for and the schedule of materials to
be supplied by the concern department and their rates shall be filled in and
completed by the officer of the Engineer- in-charge before the tender form is
issued. If a form issued an intending tenderer has not been so filled in and
completed, he shall request the said officer to have this done before he
completes and delivers his tender.
(9) All works shall be measured net by standard measure and according to the rules
and customs of the Public Works Department without reference to any local
(10) Under no circumstances shall any contractor be entitled to claim enhanced rates
for any items in this contract.
(11) Every contractor shall unless excepted in writing by the Additional City
Engineer concerned, produced along with the tender, a solvency certificate of
his financial stability from the Collector of the District within which he resides
or a Bankers certificates. If he fails to produce such a certificate, his tender may
not be considered.
(12) All corrections and additions or pasted slips should be initiated.
(13) The measurement of work will be taken according to the usual method in use
in the public works department and no proposals to adopt alternative methods
will be accepted. The Engineer-in-charge decision as to what is "the usual method
in use in the public works department" will be final.
(14) A.The Insurance Company's bond will not be accepted against the Security
(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-
(17) No foreign exchange will be released by the Corporation for the purpose of plant
and machines required for the execution of the work contracted for.
(18) Controlled materials (Essentiality certificate)
(i) As regard controlled materials the Corporation will help to arrange for
the permit as far as possible and help the contractor in securing for the permit
as far as possible and help the contractor in securing the same. All incidental
charges met with in procuring these materials shall be borne by the contractor
himself. Though the Corporation will help to arrange for the permit as far as
possible and help the contractor in obtaining the materials it shall not accept
any responsibility for any delay or loss on account of delay caused to the
contractor while obtaining the same.
(ii) The contractor shall submit to Engineer-in-charge on Close of every
calendar months, the monthly returns in the prescribed forms as to the receipt
and actual use of the controlled materials during the month.
(iii) The contractor shall permit the Engineer- in- charge or his
representatives to inspect the stock of the controlled materials stored by him
at any time, whenever the Engineer-in- charge or his representatives so desired
(19) The tender for work shall remain open for a period of 120 days from the date of
opening of the price bid for this works and that the tenderer shall not be
allowed to withdraws or modify the offer on his own during this period. If any
tenderer withdraws or makes any modifications or addition/s in the terms and
conditions of his tender, not acceptable to the corporation them the corporation
shall without prejudice to any right or remedy be at liberty in full the said
earnest money absolutely (in figures as well as in words). This Blank Space
should be filled in while preparing the draft tender papers.
(20) The contractor shall employ only such laborers who shall produce a valid
certificate of having been vaccinated against small pox within a period of last
(21) Tenderer should submit True Copy of the Certificate of Registration along-
with the tender without which the tender will not be considered.
(22) The contractor shall have to give in writing the date completion of the work
within a fortnight from the date of work completed by him. Otherwise the date
noted on the record by the department shall be reawakened as final and no
excuse or representation in that behalf shall be entertained at later date.
(23) "What ever sales tax is levied by the Government on works contract and if paid by
the contractor in the first instance, shall be refunded to the concerned
contractor by Corporation.
EXECUTIVE ENGINEER,
EAST (VARACHHA)ZONE-A
SURAT MUNICIPAL CORPORATION
SIGNATURE OF CONTRACTOR
GENERAL CONDITION OF CONTRACT
GC-01 DEFINITIONS AND INTERPRETATIONS :
1.0 In the contract documents, as herein defined the following words and expression
used shall, unless, repugnant to the subject or context thereof, have the following
meanings assigned to them.
1.1 The "Owner/Municipal Corporation, Surat represented by Municipal
Commissioner/Add. City Engineer, any officer authorised by the Municipal Corporation.
1.2 The "Contractor" shall mean the person or the persons, firm of company whose
tender has been accepted by the owner and includes his legal representative
successors and permitted assigns.
1.3 The "Engineer-in-charge" shall mean the person designated as such by the owner
from time to time and shall include those who are expressly authorised by the
Municipal Corporation to act for and on its behalf for the operation of this contract.
1.4 "Engineer - in - charge's Representative” shall mean any Engineer or Asstt. to the
Engineer-in-charge designated from time to time by the Engineer-in-charge to
perform duties set forth in the Tender documents whose authority shall be notified in
writing to the Contractor by the Engineer-in-charge.
1.5 "Tender” The offer or proposal of the Tenderer submitted in the prescribed form
setting forth the prices for the work to be performed, and the details thereof.
1.6 "Contract Price shall mean total money payable to the Contractor under the
contract 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 consecutive calendar months for the
completion of work as stated in the executed contract agreement.
1.9 "Contract" shall mean agreements between the parties for the execution of works
including therein all contract documents.
1.10 "Tender document” shall mean Designs, Drawings, specifications, agreed
variations, if any, and such other documents constituting the tender and acceptance
1.11 "The Sub-Contractor" means any person, firm or company (other than the
contractor) to whom any part of the work has been entrusted by the Contractor with
the written consent of the Engineer-in-charge and the legal personnel representative,
successors and permitted assigns of such person, firm or company.
1.12 "The Specifications" shall mean all directions' the various technical
specifications provisions and requirements attached to the contract which pertain to
the method and manner or performing the work to the quality of the work and the
materials to be furnished under the contract for the work and any order(s) or
instruction (a) thereunder. It shall also mean the latest Indian Standards Institution
Specifications for or relative to the particular work or part thereof, so far as they are
not contrary to the Tender specifications or I.S.I. specifications, and in absence of any
tender specifications, the specifications of any other country applied in India as a
matter of Standard Engineering practice and approved in writing by the Engineer-in-
charge with or without modifications.
1.13 The "Drawing" shall include maps, plans, tracings or prints thereof with any
modifications approved in writing by the Engineer-in-charge and such other drawings,
as may, from time to time, be furnished or approved in writing by the Engineer-in-
charge in connection with the work.
1.14 The "Work" shall mean the works to be executed in accordance with the
context or the part thereof as the case may be and shall include extra, additional
altered or substituted works as required for the purpose of the Contract. It shall
mean the totally of the work by expression or implication envisaged in the contract
and shall include all material, equipment and labour required for or relative or
incidental to or in connection with the commencement, performance and completion
of any work and/or for incorporation in the 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
1.16 The "Temporary Work" shall mean all temporary works of every kind
required in or about the execution, completion and maintenance of the work.
1.17 "Site shall mean the land and other place on, under, on or through which
the work is to be carried out and any other lands or places provided by the Municipal
Corporation for the purpose of the Contract together with any other places designated
in the Contract as forming part of the site.
1.18 "The Construction Equipment" means all appliance/equipment’s of whatever
nature required in or for execution, completion or maintenance of work or temporary
works (as hereinafter defined) but does not include materials or other things
intended to form or forming part of the permanent work.
1.19 "Notice in Writing or Written Notice" means a notice written, types or
printed form delivered personally or sent by Registered post to the latest know
private of business address at Registered Office of the Contractor.
1.20 The "Alteration/Variation order" means an orders given in writing by the
Engineer-in-charge to effect additions to or deletion from and alterations in the work.
1.21 "Final Test Certificate" shall mean the final test Certificate issued by the
owner within the provisions of the Contract.
1.22 The "Completion Certificate" shall mean a certificate to be issued by the
Engineer-in-charge when the work has been completed to his satisfaction.
1.23 The "Final Certificate" shall mean the final certificate issued by the
Engineer-in-charge after the work is finally accepted by the owner.
1.24 "Defect Liability Period" shall mean the specified period between the issue
of completion Certificate and the final certificate as specified in the tender.
1.25 "Approved" shall mean approved in writing including subsequent
modification in writing of previous verbal approval and "Approval" means approved
in writing including as 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 vice versa and the singular shall include the
plural and vice-versa. 1.0 In the contract documents, as herein defined the
following words and expression used shall, unless, repugnant to the subject or
context thereof, have the following meanings assigned to them.
1.1 The "Owner/Municipal Corporation, Surat represented by Municipal
Commissioner/Add. City Engineer, any officer authorised by the Municipal Corporation.
1.2 The "Contractor" shall mean the person or the persons, firm of company whose
tender has been accepted by the owner and includes his legal representative
successors and permitted assigns.
1.3 The "Engineer-in-charge" shall mean the person designated as such by the owner
from time to time and shall include those who are expressly authorised by the
Municipal Corporation to act for and on its behalf for the operation of this contract.
1.4 "Engineer - in - charge's Representative” shall mean any Engineer or Asstt. to the
Engineer-in-charge designated from time to time by the Engineer-in-charge to
perform duties set forth in the Tender documents whose authority shall be notified in
writing to the Contractor by the Engineer-in-charge.
1.5 "Tender” The offer or proposal of the Tenderer submitted in the prescribed form
setting forth the prices for the work to be performed, and the details thereof.
1.6 "Contract Price shall mean total money payable to the Contractor under the
contract 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 consecutive calendar months for the
completion of work as stated in the executed contract agreement.
1.9 "Contract" shall mean agreements between the parties for the execution of works
including therein all contract documents.
1.10 "Tender document” shall mean Designs, Drawings, specifications, agreed
variations, if any, and such other documents constituting the tender and acceptance
1.11 "The Sub-Contractor" means any person, firm or company (other than the
contractor) to whom any part of the work has been entrusted by the Contractor with
the written consent of the Engineer-in-charge and the legal personnel representative,
successors and permitted assigns of such person, firm or company.
1.12 "The Specifications" shall mean all directions' the various technical
specifications provisions and requirements attached to the contract which pertain to
the method and manner or performing the work to the quality of the work and the
materials to be furnished under the contract for the work and any order(s) or
instruction (a) thereunder. It shall also mean the latest Indian Standards Institution
Specifications for or relative to the particular work or part thereof, so far as they are
not contrary to the Tender specifications or I.S.I. specifications, and in absence of any
tender specifications, the specifications of any other country applied in India as a
matter of Standard Engineering practice and approved in writing by the Engineer-in-
charge with or without modifications.
1.13 The "Drawing" shall include maps, plans, tracings or prints thereof with any
modifications approved in writing by the Engineer-in-charge and such other drawings,
as may, from time to time, be furnished or approved in writing by the Engineer-in-
charge in connection with the work.
1.14 The "Work" shall mean the works to be executed in accordance with the
context or the part thereof as the case may be and shall include extra, additional
altered or substituted works as required for the purpose of the Contract. It shall
mean the totally of the work by expression or implication envisaged in the contract
and shall include all material, equipment and labour required for or relative or
incidental to or in connection with the commencement, performance and completion
of any work and/or for incorporation in the 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
1.16 The "Temporary Work" shall mean all temporary works of every kind
required in or about the execution, completion and maintenance of the work.
1.17 "Site shall mean the land and other place on, under, on or through which
the work is to be carried out and any other lands or places provided by the Municipal
Corporation for the purpose of the Contract together with any other places designated
in the Contract as forming part of the site.
1.18 "The Construction Equipment" means all appliance/equipment’s of whatever
nature required in or for execution, completion or maintenance of work or temporary
works (as hereinafter defined) but does not include materials or other things
intended to form or forming part of the permanent work.
1.19 "Notice in Writing or Written Notice" means a notice written, types or
printed form delivered personally or sent by Registered post to the latest know
private of business address at Registered Office of the Contractor.
1.20 The "Alteration/Variation order" means an orders given in writing by the
Engineer-in-charge to effect additions to or deletion from and alterations in the work.
1.21 "Final Test Certificate" shall mean the final test Certificate issued by the
owner within the provisions of the Contract.
1.22 The "Completion Certificate" shall mean a certificate to be issued by the
Engineer-in-charge when the work has been completed to his satisfaction.
1.23 The "Final Certificate" shall mean the final certificate issued by the
Engineer-in-charge after the work is finally accepted by the owner.
1.24 "Defect Liability Period" shall mean the specified period between the issue
of completion Certificate and the final certificate as specified in the tender.
1.25 "Approved" shall mean approved in writing including subsequent
modification in writing of previous verbal approval and "Approval" means approved
in writing including as 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 vice versa and the singular shall include the
plural and vice-versa.
GC-02 LOCATION OF SITE AND ACCESSIBILITY :
The site of works is within the limits of Surat Municipal Corporation. It is served
by all weather roads and Western Railway Broad Gauge line, Government Irrigation
Canal Crossing. The intending Tenderer should inspect the site and make himself
familiar with site conditions and available communication facilities. Non availability
of access/roads shall in no case be the cause to Condon any delay in the execution of
the work or be the cause for any claims or extra compensation.
GC-03 SCOPE OF WORK :
The scope of work is defined broadly in the special conditions of Contract and
specifications. The Contractor shall provide all necessary materials equipment and
labour etc. for the execution and of the work till completion. All materials that go with
the work shall be approved by the Engineer-in-charge prior to procurement and use.
Owner at his discretion may endeavor to provide water to the Contractor at the
owner's source of supply at one point at the rate charged for such works.
The contractor shall make his own arrangement for the distribution pipe net works
from the source of supply after getting prior permission for the same from the
Engineer-in-charge. Supply of water shall not be free and the necessary charges as fixed
by the Local Body shall have to be paid by the contractor.
However, owner does not guarantee the supply of water and this does not relieve the
contractor of his responsibility in making his own arrangements and for the timely
completion of the work as stipulated.
The Contractor shall have to make his own arrangement for power supply.
LAND FOR CONTRACTOR'S FIELD OFFICE, GODOWN & WORKSHOP:
Owner will not be a position to provide land required for Contractors shall have
to make his own arrangement for the same. No land will be provided by S.M..C. to the
contractor for constructing his labour and supervisory comp and other service
GC-04 RULLING LANGUAGE :
The language according to which the contractor shall be constructed and
interpreted shall be English. All entries in the contract documents and all
correspondence between the contractor and the Municipal Corporation or the
Engineer shall be in English. All dimensions for the materials shall be given in metric
GC-05 INTERPRETATION OF CONTRACT DOCUMENT :
1. The provisions of the General Conditions of Contract and special conditions
of contract shall prevail over those of any other documents of the contract unless
specifically provided otherwise. Should there be any discrepancy, inconsistency
error or omission in the several documents forming the contract, the matter may be
referred to the Engineer-in-charge for his instructions and decision. The Engineer-in-
charge's decision in such case shall the final and binding to the contractor.
2. Works shown upon the drawings but not described in the specifications of
described in the specific specifications without showing on the drawings shall be taken
as described in the specifications and shown on the drawings.
3. The heading and the marginal notes to the clauses of those general conditions of
contract or to the specifications or to any other part of tender documents are solely
for the purpose of giving a concise indication and not a summary of contents thereof or
be used in the interpretation or construction thereof of the contract.
4. Unless otherwise stated specifically, in this contract documents the singular shall
include the plural and vice versa wherever the context so requires. Works
implementing persons shall include relevant corporate companies/ registered
associations / body of individual / firm of partnership.
5. Notwithstanding the sub-divisions of the documents into separate sections and
volumes every part of each shall be supplementary to and complementary of every
other part and shall be read with and into the context so far as it may be practicable to
6. Where any portion of the General Conditions of contract is repugnant to or are
variance with any provisions of the special conditions of contract, then, unless a
different intension appears, the provisions of the special conditions of contract shall be
deemed to override the provisions of General conditions of Contract and shall to the
extent of such repugnancy or variance prevail.
7. The materials, Design and Workmanship shall satisfy the relevant I.S.S.and Codes
referred to. If Additional require- ments are shown in the specifications, the same shall
be satisfied over and above I.S.S. and Codes.
8. If the specification mention that the contract shall perform certain work or provide
certain facilities, it will mean that the contractor shall do so at his own cost.
9. The correctness of the details given in the tender documents is not guaranteed. The
contractor shall independently obtain all necessary information for making the
tender. The contractor shall be deemed to have examined the Contract Documents, to
have generally obtained his own information in all matters that might affect the
carrying out of the work or the Tenderer rates. Any error in description of quantity or
commission there from shall not vitiate the contract or release the contractor from
executing the work comprised in the contract according to the Drawings and
specifications at the tendered rates. He is deemed to have known the scope, nature
and magnitude of the work and the requirements of materials and labour involved and
as to what all works he has to complete in accordance with the contract what-so ever be
the defects, omissions, or errors that may be found in the contract documents. The
contractor shall be deemed to have visited the site and the surroundings, to have
satisfied himself to the nature of all existing structures, if any, and also as to the
nature and the conditions of railways, roads, bridges and culverts, means of transport
and communications, whether by land, air or water and as to possible interceptions
thereto and the access and agrees from the site, to have made inquires, examined and
satisfied himself as to the sites for obtaining sand, stones, bricks and other materials,
the sites for disposal of surplus materials, the available accommodation as to
whatever required, the depicts and such other buildings as may be necessary for
executing and completing the work, to have local independent inquiries as to the
subsoil, subsoil water and variation thereof, storms, prevailing winds, climatic
conditions and all other similar matters effecting the work. He is deemed to have
acquainted himself as to his liability for payment of Government taxes, custom duty
and 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
wormer either before or after the execution of the Contract Agreement shall in any way
effect or modify any of the terms of obligations herein contained.
GC-06 CONTRACTOR TO UNDERSTAND HIMSELF FULLY ;
The contractor by tendering shall be deemed to have satisfied himself, as to
consideration and circumstances affecting the tender price, as to the possibility of
executing the works as shown and described in the contract and to have fixed his
prices according to his own view on these matters and to have understand that no
additional allowances except as otherwise expressly provided, will after words be
made beyond the contract price. The contractor shall be responsible for any
misunderstanding or incorrect information given in writing by the Engineer.
GC-07 ERROR IN SUBMISSION ;
The contractor shall be responsible for any errors or omissions in the
particulars supplied by him. Whether such particulars have been approved by the
Engineer or not, provided that such discrepancies, errors or omissions be not due to
inaccurate information or particular furnished in writing to the Contractor by the
Municipal Corporation or the 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 further or implied in the
contract for the proper execution of work for compliance with requirements of Article
GC-09 DISCREPANCIES :
The drawings and specifications are to be considered as mutually explanatory of
each other, detailed drawings being followed in preference to small scale drawings
and figures dimension in preference to scale and special conditions in preference to
general conditions. Special direction or dimensions given in the specifications shall
supersede all else. Should any discrepancies however, appear or should any
misunderstanding arise as to the meaning and intent of the said specifications or
drawings, or as to the dimensions or the quality of the materials or the due and proper
execution of the works, or as to the measurement or quality and valuation of the works
executed under this contract or as extra there upon the same shall be explained by
the Engineer-in-charge and his explanation shall subject to the final decision of the
Additional City Engineer, in case reference be made to him, be binding upon the
contractor shall execute the work according to such explanation (subject to aforesaid)
and without addition to or deduction from the contract and shall also do all such works
and things necessary for the proper completion of the works as implied by the
Drawings and specifications, even though such works and things are not specially
shown and described in said specifications. In cases where not particular specifications
are given for any article to be used under the contract, relevant specifications of the
Indian Standard Institution shall apply.
GC-10 PERFORMANCE GUARANTEE : (Security Deposit)
The total Security Deposit is 4% (Four) percent of contract value and shall be as under:
The successful tenderer shall have to pay initial security deposit at 2% (two) percent of
the tendered amount.
Initial Security Deposit (2%) shall be paid in form of Cash or Demand Draft/ Pay
Order if the Tender Amount of work is less than Rs. 2.00 crore.
Initial Security Deposit (2%) shall be paid in form of Cash or Demand Draft/ Pay
Order / bank Guarantee (encashable at Surat city)/ FDR if the tender Amount of work is
more than Rs. 2.00 crore & 2.00 crore.
The person/persons whose tender may be accepted [here-in after called the Contractor,
which expression shall unless excluded by or repugnant to the context include his heirs,
executors, administrators and assignees shall (within 15 days of the receipt by him of
the notification of the acceptance of his tender) deposit with Municipal Commissioner
cash or Government securities endorsed to the Commissioner sum sufficient which will
make up the full security deposit specified in the tender.
If the amount of the security deposit to be paid in lump sum within the period specified
above is not paid the tender contract already accepted shall be considered as cancelled.
The security deposit lodged by Contractor shall be refunded after the expiry of the
Defects Liability period as shown in the attached Memorandum after deducting dues, if
any, which become liable to be recovered from the Contractor under the terms and
conditions of this Agreement.
Regarding remittance and release of Security Deposit (SD), Retention money
deposit (RMD) following clause will supersede over and above all the clauses
depicted in the tender document.
Tender costing Less than Rs.2.00 Crore.
(a) Remittance of SD/RMD
(i) The total security deposit shall be recovered at the rate of 4% from contractor. Out of
which, 50% of amount as Initial Security Deposit shall be payable at the rate of 2% of
approved tender cost in form of Cash or Demand Draft/ Pay Order of any Nationalised
Bank (encashable at Surat city).
(ii) The remaining amount of the Security Deposit i.e. 2% to be deducted from each
running account bill.
(iii) 5% Retention money deposit (RMD) to be retained from each running account bill.
(b) Release of SD/RMD
(i) The 2% Initial security deposit shall be released after clearance of Final bill by Audit
Dept and completion of defect liability period.
(ii) Whereas, the 2% security deposit recovered from the each running account bills
Shall be released along with Final Bills according to Work Quality..
(iii) 5% Retention money deposit (RMD) to be released along with final bill.
Tender costing Rs.2.00 Crore. & more than Rs.2.00 Crore.
(a) Remittance of SD/RMD
(i) The total security deposit shall be recovered at the rate of 4% from contractor. Out of
which, 50% of amount as Initial Security Deposit shall be payable at the rate of 2% of
approved tender cost in form of in Cash or Demand Draft/ Pay Order / FDR / Bank
Guarantee of any Nationalised Bank (encashable at Surat city).
(ii) The remaining amount of the Security Deposit i.e. 2% to be deducted from each
running account bill.
(iii) 5% Retention money deposit (RMD) to be retained from each running account bill.
(b 1) Release of SD/RMD
(i)The 2% Initial security deposit in form Demand Draft /Pay order / FDR shall be
released after clearance of Final bill by Audit Dept & completion of defect liability
(ii) Whereas, the 2% security deposit recovered from the each running account bills
Shall be released along with Final Bills according to Work Quality.
(iii) 5% Retention money deposit (RMD) to be released along with final bill.
(b 2) Release of SD/RMD
(i)The 2% Initial security deposit in form Bank Guarantee shall be released along with
Final Bills according to Work Quality.
(ii) Whereas, the 2% security deposit recovered from the each running account bills
Shall be released after clearance of Final bill by Audit Dept & completion of defect
liability period.
(iii) 5% Retention money deposit (RMD) to be released along with final bill.
The amount recovered from the running bills as security deposit shall not be allowed to
the transferred in the form of Bank Guarantee. However, the remaining 50% (2% of
Security Deposit) of the amount so, deducted from running bills will be allowed for
conversion in the form of interest bearing fixed deposit receipt, (FDR) issued in favour of
the Municipal Commissioner, Surat Municipal Corporation, Surat by a Nationalized Bank
located at Surat only. Additional stamp duty payable as per government prevailing rule
shall be paid by contractor for remittance of this FDR.
It is clarified that the amount of security deposit shall be collected on the basis of
contract price and not on the basis of Estimated Amount put to tender. As initial Security
Deposit as mentioned above, accepted by the competent Authority shall have to be paid
toward Security Deposit at the time of execution of agreement.
Interest will be payable on FDR (that is deducted from Running Bill and converted in to
FDR for initial SD) for One year, after completion of work. After that no further interest
shall be paid for any extended period what so ever.
If the Security Deposit is not paid within 15 days from the date of L.O.I. / Work Order
than penalty at the rate of 0.065% per day of the amount of Security Deposit will
charged. If the Security Deposit is not paid within one month with interest, necessary
actions as per condition of contract will be taken.
Initial Security Deposit ( i.e. 2% Of Tender Amount) in form of Bank Guarantee
may be accepted as per relevant tender provision, However BG shall be valid till
final date of completion of work+1year (Whether final bill is audited and paid or
It shall be contractor's responsibility to extent the BG On Or Before expiry of time
limit of BG. In case of late renewal of BG, penalty of security deposit shall be levied
interest at the rate of 4.00% per year of BG amount.(As per City Engineer note
The successful tenderer shall have to enter into an agreement on a non-judicial
stamp paper of Rs. 300/- if initial Security Deposite paid in form Bank Guarantee
or Demand draft as per the form of the agreement approved by the Municipal
Corporation, Surat.
If initial Security deposit is paid in form of Fixed Deposit, additional stamp paper
amounting As per government’s prevailing rule of Security Deposit shall be used
to execute the agreement.
The undertaking shall be executed on stamp paper worth Rs. 300/-.
The Surety shall be executed on stamp paper worth Rs. 300/-.
GC-11 INSPECTION OF WORK :
1. The Engineer in charge will have full power and authority to inspect the work at
any time wherever in progress either on the site or at the contractor's any other
manufacturers workshops or factories wherever situated and the contractor shall
afford for Engineer-in-charge every facility and assistance to carry out such
inspection. Contractor or his authorized representative shall, at all time during the
usual working hours and all other times when so notified, remain present to receive
orders and instructions, orders given to Contractor's representative shall considered
to have the same force as if they had been given to the contractor himself. Contractor
shall give not less than 7 days notice in writing to the Engineer-in- charge before
covering up or otherwise placing beyond reach of inspection and measuring any work
in order that the same may be inspected and measured. In the event of breach of the
above, the same shall be recovered at Contractor's expenses for carrying out such
inspection or measurement.
2. No material shall be dispatched from contract store on site of work before
obtaining approval in writing of the Engineer-in-charge, Contractor shall provide at
all time during the progress of work and maintenance period proper means of access
with ladders, gangways, etc. and the necessary attendance to move and adopt as
directed for inspection or measurement of work by Engineer-in-charge.
GC-12 DEFECT LIABILITY :
1. Contractor shall guarantee the work for a period of 12 months from the date of
actual completion of work as per completion certificate. Any damage or defect that may
arise or that may remain undiscovered at the time of issue of completion certificate
connected in any way with the equipment or materials supplied by him or in the
workmanship be rectified or replaced by contractor at his own expenses as desired
by Engineer-in-charge or in default may cause the same to be made good by other
agency and deduct expenses of which the certificate of Engineer-in-charge shall be
final from any sums that may then or any time thereafter become due to contractor of
sale thereof or of a sufficient portion thereof.
2. From the commencement to completion of work contractor shall take full
responsibility for the case of the work including all temporary works and in case any
damage, loss or injury shall happen to work or any part thereof or to any temporary
works from any cause whatsoever and shall at his own cost repair and make good the
same so that at completion work shall be in good order and in conformity in every
respect with the requirements of contract and as per the instructions of the Engineer-
3. If at any time before the work is taken over, the Engineer- in-charge shall -
(a) Decide that any work done or materials used by the contractor are defective
or not in accordance with contract or that work of any portion thereof is defective
or do not fulfill the requirements of contract (all such materials being hereinafter called
defects in this clause and (b) as soon as reasonably practicable given to
contractor notice in writing of the said defect specifying particulars of the defects
alleged to exist or to have occurred, then contractor shall at his own expenses and
with all speed make good the defects so specified.
(b) In case contractor fails to do so, owner may take at the cost of the contractor,
such steps as may in all circumstances, be reasonable to make good such defects. The
expenditure so incurred by S.M.C. will be recovered from the amount due to
contractor. The decision of Engineer-in-charge with regard to the amount to be
recovered from contractor will be final and binding on the contractor.
GC-13 POWER OF ENGINEER TO GIVE FURTHER INSTRUCTIONS :
The Engineer shall have the power and authority from time to time and at all times
to give further instructions and directions as may appear to him necessary or
proper for the guidance of contractor and the works and efficient execution of the
works according to the terms of the specifications, and the contractor shall receive,
execute, obey and be bound by the same, according to the true intent and meaning
thereof, as fully and effectually as though the same had accompanied or had been
mentioned or referred to in the specifications. No work which radically changes the
original nature of the contract shall be ordered by the Engineer and in the event of
any deviation being ordered, which in the opinion of the contractor changes the original
nature of the contract, the shall nevertheless carry it out and any disagreement as to the
nature of the work & the rate to be paid thereof shall be resolved. The time of
completion of works, in the event of any deviations, resulting in additional cost over the
contract sum being ordered, then be extended or reduced reasonable by the Engineer.
The Engineer's decision in the case shall be final and binding.
GC-14 PROGRAMME :
The time allowed for execution of works shall be essence of the contract. The contract
period shall commence from date of Notice of intimation to proceed. The tenderer at the
time of submitting his tender shall indicate the construction or pipeline schedule, the
month-wise programme required for the execution of the works and shall confirm the
same within fourteen (14) days of the acceptance of his Tender. The contractor
shall provide to the Engineer-in-charge a detailed programme of time schedule for
execution of the works in accordance with the specifications & the completion date.
The entire programme to be finalized by the Contractor, has to confirm to the
execution period mentioned along with the Bill of Quantities in the Tender Documents.
The Engineer upon scrutiny of such submitted programme by contractor, shall examine
suitability of it to the requirement of contract and suggest modifications, if found
GC-15 SUBLETTING OF WORKS :
No part of the contract nor any share or interest thereon shall in any manner or degree
be transferred, assigned or sublet by the contractor directly or indirectly to any firm
or Corporation whatsoever except as provided for in the succeeding sub clause without
the consent in writing of the owner.
GC-16 SUB-CONTRACTORS FOR TEMPORARY WORKS ETC. :
The owner may give written consent to sub-contractors for execution of any part of
the work at the site being entered upon by the contractors provided each individuals
contractor is submitted to the Engineer-in-charge before being entered into and in
approved by him. List of Sub-Contractors is to be supplied. Not with standing any
subletting with such approval as aforesaid and not with standing the Engineer-in-
charge shall have received copies of any sub-contractors, the contractors shall be and
shall remain solely responsible for the quality and proper expeditions and execution
of the works and the performance of all the conditions of contract in all respects as if
such submitting or sub-contracting had not taken place and as if such work had done
directly by the Contractor.
GC-17 TIME FOR COMPLETION:
1. The work covered under this contract shall be commenced from the date of
contract is served with a notice to proceed with the work and shall be completed
before the date as mentioned in the time schedule of work. The time is the essence of
the contract and unless the same is extended as mentioned in clause No. GC-18
(Extension of time) the contractor will be penalized for the delay.
2. The general time schedule for work is given in the tender document. Contractor
shall prepare a detailed weekly or monthly programme of work in consultation with
Engineer-in-charge soon after the agreement and the work shall be strictly
executed accordingly. The time for as construction of road given includes, the time
required for testing, rectification if any, retesting and completion in all respects to the
entire satisfaction of the Engineer- in-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 of
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 period.
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. PENALTY FOR DELAY :
If the contractor fails to complete the work within the stipulated completion date
for the work or he shall pay liquidated damages at one tenth of Two percent of
contract value per day of delay in completion and handing over the work or part
thereof as the case may to the Municipal Commissioner. The amount of liquidated
damages shall, however, be subjected to a maximum of ten (10) percent of the
contract value. Delays in excess of one hundred days will be a cause for termination of
the contract and forfeiture of all security for performance.
The successful tenderer shall have to submit the progress bar-chart within fifteen days
after the contract, and the contractor should work as per the approved bar-chart,
failing which the contractor shall have to pay the compensation for delay as per the
decision of Municipal 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 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 interest -
(a) To rescind the contract (of which rescission notice in writing to the contractor
under the hand of the owner shall be conclusive evidence) in which case, the security
deposit of the contractor shall stand forfeited and be absolutely at the disposal of the
(b) To employ labour and to supply materials to carry out the balance work debiting
contractor with the cost of labour employed and the cost of materials supplied for
which a certificate of the Engineer-in-charge shall be final and conclusive against the
contractor and 10% costs on above to cover all departmental charges and crediting
him with the value of work done at the same rates as if it has been carried out by
the contractor under the terms of his contract. The certificate of Engineer-in-charge
as to the value of the work done shall be final and conclusive against the contractor.
(c) To measure up the work of the contractor and to take such part hereof as shall be
unexecuted out of his hand to give it to another contractor to complete. In this case
the excess -expenditure incurred than what whole have been paid to the original
contractor, if the would work had been executed by him, shall be earnest and paid
by the original contractor and shall be deducted from any money due to him by the
owner under the contract or otherwise and for the excess expenditure, the certificate of
the Engineer- in-charge shall be final and conclusive.
In the event any of the above course being adopted by the owner, the contractor shall
have no claim to compensation for any less sustained by him by reason of his having
purchased or procured any materials or entered into any agreement so or made by
advance on account of or with a view to the execution of the work of the performance
of the contract. In such case the contractor shall not be entitled to recover or be paid
by sum for any work actually performed under this contract unless the Engineer-in-
charge will certify in writing the performance of such work and the value payable in
respect thereof and the shall only be entitled to be paid the value so certified. In the
event of the owner putting in force the powers as stated in a, b, c, above vested in him
under the preceding clause, he may, if he so desire, take possession of all or any tools
and plant, materials and stores in or upon the work or the site thereof belonging to
the contractor, or procured by him and intended to be used for the execution of the
work or any part thereof paying or allowing for the same in account at the contract
rates to be certified by the Engineer-in-charge whose certificate thereof shall be final
otherwise the Engineer-in-charge may give notice in writing to the contractor or his
representative requiring him to remove such tools plant materials or stores from the
premises within the time specified in the notice and in if the contractor fails to
comply with any such notice, the Engineer-in-charge may remove them at the
Contractor's expenses or sell them by auction or private sale on account of the
contractor and his risks in all respects without any further notice as to the date, time
to place of the sale and the certificate of Engineer-in-charge as to the expenses of
any such removal and the amount of the proceeds and the expenses of any such sale
shall be final and conclusive against the contractor.
GC-23 NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORK :
If at any time from the commencement of work, the owner shall for any reasons
whatsoever not require the whole or part thereof a specified in the tender to be carried
out, the Engineer-in- charge shall give notice in writing of the contractor, who shall
have no claim to any payment or compensation whatsoever on account of any profit
or advantage which he might have derived from execution of work in full, but which he
did not derive in consequence of the full amount of the work not having been carried
neither shall be have any claim for compensation by reason if any alternations
having been made in original specifications, drawings, designs and instructions
which shall involve any curtailment of the work as originally contemplated.
When the contractor is a partnership firm, the prior approval in writing of the
S.M.C.shall be obtained before any change is made in the constitution of the firm,
where the contractor is an individual or a Hindu Undivided Family business concern,
such approval as aforesaid shall, likewise be obtained before sub- contractor enters
into any agreement with other parties where under the reconstituted firm would
have the right to carry out the work hereby undertaken by the contractor. In either case
if prior approval as aforesaid is not obtained, the contract shall be deemed to have
been allotted in contravention of sub- letting clause hereof and the same action may be
taken and the same consequence shall ensure as provided in the sub-letting clause.
GC-24 IN EVENT OF DEATH OF CONTRACTOR :
Without prejudice to any of the right or remedies under the contract, if the
contractor dies, the owner shall have the option of terminating the contract without
compensation to the 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 obligations of the owner under the contract or answerable for any
default or omission in the observance or performance of the acts, matters or things
which are herein contained.
GC-26 OWNER NOT BOUND BY PERSONAL REPRESENTATIONS :
The contractor shall not be entitled to any increase on the Schedule of rates or any
other rights or claims whatsoever by reason of representation, 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 equipment’s,
materials, if, any, shall be issued and instructions for work given. The contractor shall
also provide to the satisfaction of Engineer in-charge sufficient and qualified staff
to superintend the execution of the work, competent sub- agents, foremen and
leading hands including those specially qualified by previous expeditions to a supervise
the type of works comprised in the contract in such manner as will ensure work of the
best quality and expeditions working, it, in the opinion of the Engineer-in-charge,
additional properly qualified supervision staff is considered necessary, if shall be
employed by the contractor without additional charge on account thereof. The
contractor shall ensure to the satisfaction of the Engineer- in-charge that sub -
contractors, it any shall provide competent and efficient supervision over the work
entrusted to them.
2. If and whenever any of the contractor 's or sub-contractor agents, sub-agents,
assistance, foremen or other employees shall, in the opinion of Engineer-in-charge, be
guilty of any misconduct or be incompetent or insufficiently qualified or intelligent in
the performance of their duties or that in opinion of the owner or Engineer-in-charge, it
is undesirable for administrative or any other reason for person or persons to be
employed in the works, the contractor, if so directed by the Engineer-in-charge, shall at
once remove person or persons from employment thereon. Any person or persons so
removed shall not again be reemployed in connection with the works without the
written permission of the Engineer-in- charge. Any person so removed from the
works shall be immediately replaced at the expenses of the contractor by acqualified
and competent substitute. Should the contractor be required to repatriate any person
removed from the works he shall do so and shall bear all costs in connection
3. The contractor shall be responsible for the proper behavior of all the staff, foremen,
workmen and others shall exercise proper control over them and in particular and
without prejudice to the same. Generally, the contractor shall be bound to prohibit, and
prevent any employee from trespassing or acting in any way detrimental or
prejudicial to the interest of the community or of the properties or occupiers of land and
properties in the neighborhood and in the event of such employees so trespassing, the
contractor shall be responsible therefore and relieve the owner of all consequent
claims, actions for damages or injury or any other grounds whatsoever. The decision
of the Engineer-in- charge upon any matter arising under this clause shall be final.
4. If and required by the owner, the contractor's personnel entering upon the
owner's premises shall be properly identified by badges of a type acceptable to the
S.M.C. which must be worn at all times on owner's premises.
GC-29 TERMINATION OF SUB-CONTRACTOR BY OWNER :
If any sub-contractor engaged upon the works at the site executes any work which in
the opinion of Engineer-in-charge is not in accordance with the contract documents,
the S.M.C. may be give written notice to the contractor request his to terminate such
sub-contract and the contractor upon the receipt of such notice shall terminate such
sub-contract and the letter shall forthwith leave the works failing which the owner
shall have the right to remove such sub-contractors from the site.
No action taken by the owner under the above clause shall relieve the contractor of
his liabilities under the contract or give rise to any right to compensation, extension of
time or 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-
(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
(v) Fail to supply sufficient or suitable construction plant, temporary works, labour,
materials or things or
(vi) Commit breach of any other provisions of the contract on his part to be performed
or observed or persist in any of the above mentioned breaches of the contract for
fourteen days after notice in writing shall have been given to the contractor by the
Engineer-in-charge requiring such breach to be remedied or
(vii) Abandon the work or
(viii) During the continuance of the contract becomes bankrupt, make any arrangement
or compromise with his creditors, or permit any execution to be levied or go into
liquidation whether compulsory or voluntary not being merely a voluntary
liquidation for the purpose of amalgamation or reconstruction then in any such case.
The owner shall have the power to enter upon the works and take possession thereof
and of the materials, temporary works, constructional plant and stock therein, and
to revoke the contractor's license to use the same and to complete the works by his
agents, other contractor or workman or to relate the same upon any terms and to such
other person, firm or corporation as the owner in his absolute discretion may think
proper to employ, and for the purpose aforesaid to use or authorize the use of any
materials, temporary works, constructional plant, and stock as aforesaid, without
making payment or allowance to the Contractor for the said materials other than such as
may be certified in written by the Engineer-in-charge to be reasonable and without
making any payment or allowance to the contractor for the use of said temporary
works, constructional plant and stock or being liable for any less or damage thereto. If
the owner shall be reason of his taking possession of the works or of the work being
got completed by other contractor incur excess certified by the Engineer-in-charge
shall be deducted from any money which may be due for the work done by the
contractor under the contract and not paid for. Any deficiency shall forthwith be made
good and paid to the owner by the contractor and the owner shall have power to sell in
such manner and for such price as he may think fit all or any of the constructional plant,
materials etc. constructed by or belonging to and recoup and retain the said deficiency
or any part thereof out of the proceeds of the sale.
GC-31 CONTRACTOR'S RESPONSIBLITY WITH THE OTHER CONTRACTOR &
Without repugnance to any other condition, it shall be the responsibility of the
contractor executing the work of civil construction to work in close co-operation and
co-ordinate the work with other contractors or their authorised representative and the
contractor will put a joint scheme with the concurrence of other contractors showing
the arrange-ments for carrying his portion of the work to the Engineer-in-charge
and get the approval. The Engineer-in-charge before approving the joint scheme will
call the parties concerned and modify the scheme if required. No claim will be
entertained on account of the above. The contractor shall conform in all respects
with the provisions of any statutory regulations, ordinances or by laws of any local or
locally constituted authorities or public bodies which may be applicable from time to
time to works or any temporary works. The contractor shall keep the owner
indemnified against all penalties and liabilities of every kind arising out of non-
adherence to such statutes, ordinance, laws, rules, regulations, etc.
GC-32 OTHER AGENCIES AT SITE :
The Contractor shall have to execute the work in such place and condition where other
agencies will also be engaged for other works, such as site grading, filling and levelling,
electrical and mechanical engineering works, etc. No claim shall be entertained for
works being executed in the above circumstances.
GC-33 NOTICES :
Any notice under this contract may be served on the contractor or his duly authorised
representative at the job site or may be served by registered post direct to the official
address of the contractor proof of issue of any such notice could be conclusive of the
contractor having been duly informed of all contents therein.
GC-34 RIGHT OF VARIOUS INTERESTS :
The owner reserves the right to distribute the work between more than one contractor.
Contractor shall co-operate and afford reasonable opportunity to other contractors for
access to the works for the carriage and storage of materials and execution of their
Wherever the work being done by any department of the owner or by other contractor
employed by the owner is contingent upon work covered by this contract, the
respective rights of the various interests shall be determined by Engineer-in-charge to
secure the completion of various portions of the work in general harmony.
GC-35 PRICE ADJUSTMENT :
No adjustment in price shall be allowed as the time limit for completion of the project is
less than One year.
GC-36 TERMS OF PAYMENT :
The payment of Bills shall be made progressively according to the rules and practice
followed by the Municipal Corporation. The progressive payment unless otherwise
provided in the Contract Agreement or subsequently agreed to by the parties, shall be
made generally monthly on submission of a bill by the Contractor in prescribed form
in an amount according to the value of the work performed less the aggregate of
previous progressive payments and as required by clause GC-37 (Retention money)
herein. All such progressive payment shall be regarded as payment by way of advance
against final payment.
Payment for the work done by the contractor will be based on the measurement at
various stages of the work, in accordance with the conditions at Clause GC-77
(Measurement of Work 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 as retention money of Seven percent
(5% + 2%) of the value of work. The retention money will not normally be due for
payment until the completion of the entire work and till such period the work has been
finally accepted by the Municipal Corporation and completion certificate issued by the
Municipal Corporation in pursuant to Clause No.GC-83 (Completion Certificate).
However, after the assurance of completion certificate, and Municipal Commissioner
may at its own discretion and having considered the Contractor's performance and
diligence during the contract time allow the retention money to converted into a Bond as
stipulated in the Clause GC-10 (Performance Bond Security Deposit).
GC-38 PAYMENT DUE FROM THE CONTRACTOR :
All costs, damages or expenses, for which under the Contract the Contractor is liable
to the Municipal Corporation deducted by the Municipal Corporation from any money
due or becoming due to the Contractor under the contract or from any other contract
with the Municipal Corporation or may be recovered by action at law or other-wise
from the 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 in by the Engineer-in-
charge accordance with the contract, or shall contravene the provisions of the contract,
the S.M.C. may give notice in writing to the contractor to make good such failure, neglect
or contravention. Should the Contractor fail to comply with such written notice within
twenty eight (28) days or receipt, if the Municipal Commissioner shall think fit, it shall
be lawful for the Municipal Corporation, without prejudice to any other rights, the
contractor may have under the contract, to terminate the contract for all or part of the
works, and to make any other arrangements it shall deem necessary to complete the
work outstanding under the contract at the time of termination. In this event Article GC-
15 (Subletting of work)and GC-16 (Sub-Contracts for Temporary Works etc.)hereof shall
be invoked and the performance Bond shall immediately become due and payable to
the Municipal Commissioner the value of the work done on the date of termination
and not paid for shall stand forfeited to the Municipal Corporation and the Municipal
Corporation shall have free use of any works which the contractor may have at the site
at the time of termination of the contract.
GC-41 DEFAULT OF CONTRACTOR :
1. The Municipal Corporation may upon written notice of default to the contractor
terminate the contract in circumstance detailed hereunder :
(a) If in the judgement of the Municipal Corporation the contractor fails to make
completion of works within the time specified in the completion schedule or within the
period for which extension has been granted by the Municipal Corporation /Engineer
to the Contractor.
(b) If in the judgement of the Municipal Corporation the contractor fails to comply with
any of the provisions of this contract.
2. In the event the Municipal Commissioner terminates the contract in whole or in
part as provided in Article GC-48 (Termination of Contract), the Municipal Corporation
reserves the right to purchase upon such terms and in such manner as it may deem
appropriate, plant similar to that terminated and the contractor will be liable to the
Municipal Corporation for any additional costs for such similar and / or for
liquidated damaged for delay until such reasonable time as may be required for the final
completion of works.
3. If this contract is terminated as provided in this paragraph GC - 30 (Power of
entry) (1) the Municipal Corporation in addition to any other rights provided in
this clause, may require the Contractor to transfer title and deliver to the Municipal
Corporation under any of the following cases in the manual and as directed by the
Municipal Corporation. (a) Any partially completed information and contract rights as
the contractor has specifically produced or acquired for the performance of the contract
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
GC-42 BANKRUPTCY :
If the Contractor shall become bankrupt or insolvent or have a receiving order made
against him, or compound with the creditors, or being the Municipal Corporation
commence to be wound up, not being a member's Voluntary winding up for the
purpose of amalgamation or reconstruction, or carry on its business under a
receiver for the benefit of his creditors or any of them, the owner shall be at liberty
to either (a) terminate the contract forthwith by giving notice in writing to the
contractor or to the receiver or liquidator or to any person or organization in whom
the contract may become vested and to act in the manner provided in Article GC-41
(Default of Contractor) as though the last mentioned notice had been the notice
referred to in such Article of (b) to give such receiver liquidator or other person in
work the contract may become vested the option of carrying out the contract subject
to his providing a satisfactory guarantee for the due and faithfully performance of the
contract subject to his providing a satisfactory guarantee for the due and faithful
performance of the contract upto an amount to be agreed. In the event that the
Municipal Corporation terminates the Contract in accordance with this article, the
performance Bond shall immediately become due and payable on demand to
Municipal Corporation.
GC-43 OWNERSHIP :
Works supplied pursuant to the Contract shall become the property of the
Municipal Corporation from whichever is the earlier of the following times, namely,
(a) When the works are completed pursuant to the Contract.
(b) When the Contractor has been paid any sum to which he may become entitled in
respect thereof pursuant to clause GC-36 (Terms of Payment).
GC-44 DECLARATION AGAINST WAIVER :
The condonation by the Municipal Corporation of any breach of breaches by the
stipulations and conditions contained in the contract shall in no way prejudice or effect
to the constructed as a waiver of the Municipal Corporation rights, powers and
remedies under the contract in respect of any breach or breaches.
GC-45 LAWS GOVERNING THE CONTRACT :
The contract shall be constituted according to and Subject to the laws of India and
the State of Gujarat and under the jurisdiction of the courts of Gujarat at Surat.
GC-46 OVERPAYMENT AND UNDERPAYMENT :
Whenever any claim forth payment of a sum to the Municipal Corporation arises out
of or under this Contract against the contractor the same may be deducted by the
Municipal Corporation from any sum then due or which at any time thereafter may
become due to the contractor under this contract and failing that under any other
contract with the Municipal Corporation or from any sum due to the contractor with
the Municipal Corporation (which may be available with Municipal Corporation), or
from his retention money, or he shall pay the claim on demand. The Municipal
Corporation reserves the right to carry out post payment audit and technical
examination of the final bill including all supporting vouchers, abstracts, 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.
GC-47 SETTLEMENT OF DISPUTES :
Except or otherwise specifically provided in the contract, all disputes concerning
questions of fact arising under the contract shall be decided by the Commissioner,
subject to a written appear by the Contractor to the Commissioner, and these
decisions shall be final and binding to the contractor.
GC-48 TERMINATION OF THE CONTRACT:
1. If the Contractor finds it impracticable to continue operation owing to Force Majeure
reasons or for any reason beyond his and/or the Municipal Commissioner find site
impossible to continue operation when prompt notification in writing shall be given by
the party affected to the other.
2. If the delay or difficulties so caused can not be expected to cease or become
unavoidable or if operations can not be resumed within six(6) months the party shall
have the right to terminate the contract upon Ten (10) days written notice to the other.
In the event of such termination of the contract, payment to the Contractor will be
made as follows :
a) The Contractor shall be paid for all works approved by the Engineer and for any
other legitimate expenses due to him.
b) If the Municipal Commissioner terminates the contract owing to Force Majeure or
due to any cause beyond its control, the contractor shall additionally be paid for any
work done during the said Six (6) months period including any financial
commitment made for the proper performance of the Contract and which are not
reasonable defrayed by payment under (a) above;
c) The Municipal Commissioner also release all bonds and guarantees at its disposal
except is cause where the total amount of payments made to the contractor exceeds the
except is cause where the total amount of payments made to the contractor exceeds the
final amount due to him in which case the contractor shall refund the excess amount
within Sixty (60) days after termination and the Municipal Commissioner thereafter
shall release all bonds and guarantees, should the contractor fail to refund the amount
received in excess within the said period such amounts shall be deducted from the
bonds or guarantees provided.
3. On the termination of the contract for any cause the contractor shall see the
orderly suspension and termination of operations, with due consideration to the
interests of the Municipal Corporation with respect to completion, safeguarding or
storing of materials procured for the performance of the contract and the salvage and
resale thereof.
GC-49 CHANGES IN CONSTITUTION :
Where the contractor is a partnership firm, the prior approval in writing of the
Municipal Commissioner shall be obtained any change is made in the constitution of
the firm. Where the contractor is an individual or an undivided family business
concern such approval as aforesaid shall like wise be obtained before the contractor
enters into any partnership agreement where under the partnership firm would have
the right to carry out the works hereby undertaken by the contractor. If prior approval
as aforesaid is not obtained the contract shall be deemed to have been assigned in
contravention of Article thereof.
GC-50 SUB-CONTRACTUAL RELATIONS :
All work performed for the contract by sub-contractor shall be pursuant to an
appropriate agreement between the contractor and sub-contractor which shall contain
provisions to :
a) Protect and preserve the rights of the Municipal Corporation and the Engineer
with respect to the work to be performed under the sub-contract so that the sub-
contractor thereof will not prejudice such rights.
b) Require that such work be performed in accordance with requirements of the
Contract 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
If, at any time, there should be evidence of any lien or claim for which owner might have
become liable and which is chargeable to the contractor, the owner shall have the right
to retain out of any payment then due or thereafter to become due an amount
sufficient to completely indemnify the owner against such lien or claim or if such lien
or claim be valid the owner may be or become due and payable to the contractor. If any
lien or claims remaining, unsettled after all payments are made, the contractor shall
refund or pay to the owner all money that the latter may be compelled to pay in
discharging such lien or claim including all cost and reasonable expenses.
GC-52 EXECUTION OF WORK :
The whole work shall be carried out in strict conformity with the provisions of the
Contract Documents, detailed drawings, specifications and the instructions of the
Engineer-in-charge from time to time. The Contractor shall ensure that the whole
work is executed in the most substantial, proper and best workmanship using
materials of best quality in strict accordance with the specifications to the entire
satisfaction of the Engineer-in- charge.
GC-53 WORK IN MONSOON :
When the work continues in monsoon, the contractor shall maintain minimum labour
force required, for the work and plan and execute the construction and erection work
according to the prescribed schedule. No extra rate will be considered for such work
in monsoon. During monsoon and entire constructing period the contractor shall
keep the site free from water at his own cost.
GC-54 WORK CLOSED ON SUNDAYS & HOLIDAYS & BETWEEN SUNSET AND
No work shall be carried out on Sundays and Corporation Holidays and no work shall
be carried out between sunset and sunrise. Except with the special permission of
Engineer-in-charge in writing previously obtained and with holding such permissions
shall be no ground of complaint on the part of contractor or cause for compensation
to them. Working period shall be maximum eight (8) hours per days.
GC-55 EXTRA SUPERVISION CHARGES TO BE BORNE BY CONTRACTOR :
Further to clause No.GC-54 when Engineer-in-charge feels necessary to give
permission to contractor for carrying out work for period of more than Eight hours
working period in a day and/or to continue work on Sunday and Corporation holidays.
Extra Supervision charges arising due to overtime working of Corporation's staff shall
be borne by the contractor at prevailing rates from time to time. Such extra
supervision charges shall be deducted by Corporation from the running bill/s of the
contractor at Surat Municipal Corporation's description.
GC-56 DRAWING TO BE SUPPLIED BY THE OWNER :
The drawings attached with the tender documents shall be for general guidance of the
contractor to enable him to visualize the type of work contemplated and scope of work
involved. Detailed working drawings according to which the work is to be done shall be
furnished from time to time as the work progresses. The contractor shall study the
drawings thoroughly in connection with other connected details and discrepancy if
any bring to the notice of the Engineer-in-charge before actually carrying out the work.
GC-57 DRAWINGS TO BE SUPPLIED BY THE CONTRACTOR :
Where drawings, date are to be furnished by the contractor they shall be as
enumerated in special condition of contract and shall be furnished within the specified
time. Where approval of drawings has been specified it shall be the Contractor's
responsibility to have these drawings got approved before any work is taken up with
regard to the same. Any changes becoming necessary in these drawings during the
execution of the work shall have to be carried out by the contractor at no extra cost. All
final drawings shall bear the certification stamp as indicated below duly signed by both
the contractor and Engineer- in-charge.
"Certified true for ___________________________________project Agreement
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 consequence for such removal or disturbance. The contractor
shall also be responsible for the maintenance of all existing Survey Marks, Boundary
Marks, Distance Marks and Centre line marks either existing or fixed by the
Contractor. The Centre, longitudinal or face lines and cross lines shall be marked by
small masonry pillars. Each pillar shall have distance mark at the centre for setting up
the theodolite. The work shall not be started unless the setting out is checked by
Engineer-in-charge in writing but such approval shall not relive the contractor of his
responsibilities. The contractor shall provide all materials, labour and other facilities
necessary for checking at his own cost.
Pillars bearing geodetic marks on site shall be protected by the Contractor. On
completion of the work the contractor shall submit the Geodetic documents according
to which the work has been carried out.
GC-59 RESPONSIBILITIES OF CONTRACTOR FOR CORRECTTNESS OF WORK:
The contractor shall be entirely and exclusively responsible for the correctness of
every part of the work and shall rectify completely and errors thereon at his own cost
when so instructed by Engineer-in-charge.
1. Materials to be supplied by Contractor :
Contractor shall procure and provide all the materials required for the execution and
maintenance of work including M.S. rods, all tools, tackle, construction plant and
equipment except the materials to be supplied by the owner detailed in the contract
documents and for the transport thereof, owner, shall made recommendations to the
respective authorities if designed by the contractor but assumes no responsibility or
any nature. Owner shall insist for procurement of materials with ISI Marks supplied by
reputed firms on the DGS & D List. 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-in-charge
GC-60 MATERIALS TO BE SUPPLIED BY THE OWNER :
1. If the contract provides certain materials or stores to be supplied by the S.M.C.
such materials and stores shall be transported by the contractor at his cost from S.M.C's
stores or Railway Station. The sum due from contractor for the value of materials
supplied by the owner will be recovered from the R.A.Bill on the basis of actual
consumption of materials in the work covered and for which R.A.Bill has been prepared.
After completion of the work contract has to account for the full quantity of materials
supplied to him.
2. The value of store materials supplied by the S.M.C. to the contract shall be
charged at rates shown in the contract document and in case any other material not
listed in the schedule of materials is supplied by the S.M.C., the same shall be charged
at cost price including carting and other expenses incurred in procuring the same. All
materials so supplied shall remain the property of the owner and shall not be removed
from the site on any account. Any material remaining un-used at the time of completion
of work or termination of contract shall be returned to S.M.C.'s store or any other
place as directed by the Engineer-in-charge in perfectly good condition at contractor's
cost. When materials are supplied free of cost for us in work and surplus and
unaccounted balances thereof are not returned to the Municipal Corporation,
recovery in respect of such balance will be effected at double the applicable issue rate
of the materials or the market rate whichever is higher.
GC-61 CONDITIONS OF ISSUE OF MATERIALS BY THE S.M.C.:
a) The materials specified to be issued by the S.M.C. to the contractor shall be issued
by the S.M.C.'s store or at Railway Station and all expenses for its shifting to site shall
be borne by the contractor. The materials will be issued during working hours and as
per rules of S.M.C. from time to time.
b) Contractor shall bear all expenses for storage and safe custody at site of
materials issued to him before use in work.
c) Material shall be issued by the S.M.C.in Standard/non-standard sizes as obtained
from manufacturer.
d) Contractor shall construct suitable godowns at site for storing the materials to
protect the same from damage due to rain, dampness, fires, theft etc.
e) The contractor should take the delivery of the materials issued by the S.M.C. after
satisfying himself that they are in good conditions. Once the materials are issued, it will
be the responsibility of the Contractor to keep them in good condition and in safe
custody. If the materials get damaged or if they are stolen, it shall be the responsibility
of the contractor to replace them at his according to the instructions of the Engineer-
f) For delay in supply or for non supply of materials to be supplied by the S.M.C., on
account of natural calamities, act of enemies, other difficulties beyond the control of
the S.M.C., the S.M.C. carries non-responsibilities. In no case the contractor shall be
entitled to claim any compensation for loss suffered by him on this account.
g) None of the materials issued to the contractor, shall be used by the Contractor for
manufacturing items which can be obtained from manufacturer. The materials issued
by the owner shall be used for the work only and no other purpose.
h) Contractor shall be required to execute indemnity bond in the prescribed form for
the same custody and account of materials issued by the owner.
i) Contractor shall furnish sufficiently in advance a Statement of his requirements of
quantities of materials to be supplied by the S.M.C. and the time when the same will be
required for the work, so as to enable Engineer-in-charge to make arrangements to
procure and supply the 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 licenses issued by the Government, the contractor shall hold the
same materials as trustees for owner and use such materials economically and solely for
the purpose of contract and not dispose them off without the permission of S.M.C.and
return, if required by Engineer-in-charge, all surplus or unserviceable materials that
may be left with him after the completion of the contract or at its termination for any
reason whatsoever on his being paid or credited such prices as Engineer-in-charge
shall determine having due regard to the conditions of the materials. The price allowed
to contractor shall not exceed the amount charged to him excluding the storage
charges if any. The decision of Engineer-in-charge shall be final and conclusive in such
matters. In the event of breach of the aforesaid condition, the contractor shall in terms of
license of permits and/or for criminal breach of trust be liable to compensate S.M.C. at
double rate or any higher rates. In the event of these materials at that time having
higher rate or not being available in the market then any other rate to be determined by
the Engineer-in-charge and his decision shall be final and conclusive.
GC-63 MATERIALS OBTAINED FROM DISMANTLING :
If the contractor, in the course of execution of work is called upon to dismantle any part
for reasons other than on account of bad or imperfect work, the materials obtained
from dismantling will be the property of the S.M.C. and will be disposed of as per
instruction of Engineer-in-charge in the best interest of the S.M.C.
GC-64 ARTICLE OF VALUE OR TREASURE FOUND DURING CONSTRUCTION:
All gold, silver and other minerals of any description and all previous stones, coins,
treasures, relics, antiquities and other similar things which shall be found in under or
upon site shall be the property of the owner and the contractor shall property
preserve the same to the satisfaction of Engineer-in-charge and shall hand over the
same to the owner.
GC-65 DISCREPANCIES BETWEEN INSTRUCTIONS :
If there is any discrepancy between the various stipulations of the contract documents
of instructions to the contractor or his authorised representative or if any doubt
arises as in the meaning of such stipulation or instructions, the contractor shall
immediately refer in writing to the Engineer-in-charge whose decision shall be final
and conclusive and no claim for losses caused by such discrepancy, shall in any event be
Incase there is any discrepancy in measurements showing drawing and specifications,
the same shown in drawing shall be considered as final and will be binding upon the
GC-66 SCHEDULE OF QUANTITIES AND EXTRA ITEMS :
A. Schedule of Quantities :
Variations in the quantities of work in schedule of quantities shall not vitiate the
contract. The rates quoted for the individual items shall apply for the quantities of
work increased or decreased by not more than twenty percent for each of the items,
should the quantities of work actually involved under any item vary by more than
thirty (30%)percent, the rate for such item of work shall be revised in accordance with
the procedures indicated under clause "Extra Items". The payment for the items will,
however, continue to be at the original rate till the revised rate decided.
B. Extra Items :
Extra Items of work shall not vitiate the contract. The contractor shall be bound
to execute extra items of work as directed by the Engineer-in-charge. The rates
for extra items shall be derived from the S.O.R.(R&B Division) Year 2024-2025
and quoted premium of tender. If the rate of extra item is not available in S.O.R. it
will be derived on prevailing market rate.
GC-67 ACTION WHEN NO SPECIFICATION IS ISSUED :
In case of any class of work for which no specification is supplied by the S.M.C. in
the tender documents, such work shall be carried out in accordance with I.S.S. do not
cover the same, the work should be carried out as per standard Engineering practice
subject to the approval of Engineer-in- charge.
GC-68 ABNORMAL RATES :
Contractor is expected to quote rate for each item after careful analysis of cost involved
for the performance of the completed item considering all specifications and
conditions of contract. This will avoid loss of profit or gain in case of curtailment or
change or specification for any item. In case it is notice that the rates quoted by a
tenderer for any item is usually high or unusually low, it will be sufficient cause for
rejection of tender unless the S.M.C. is convinced about the reasonableness of the
rates on scrutiny of the analysis for such rate to the furnishing by the tenderer or
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 shall be carried out at an approved laboratory at contractor's cost.
3. The contractor shall furnish to Engineer - in - charge for approval when requested
or if required by the specification adequate samples of all materials and finished
goods to be used in work and sufficiently in advance to permit test and examination
thereof. All materials furnished and finished goods applied in work shall be exactly
as per the approved samples.
4. All the testing charges shall be borne by the Contractor.
GC-71 ACTION AND COMPENSATION IN CASE OF BAD WORKMANSHIP :
If it shall appear to the Engineer-in-charge that any work has been executed with
materials of inferior description, or quality or are unsound or with unsound imperfect
or unskilled workmanship or otherwise not in accordance with the contractor shall,
no demand in writing from Engineer-in-charge or his authorised representative
specifying the work, materials or articles companied of, notwithstanding that the
same may have been inadvertently passed, certified and paid for forthwith rectify or
remove and reconstruct the work, specified and in the event of failure to do so within a
period to be specified by Engineer- in-charge in his aforesaid demand, contractor shall
be liable to pay compensation at the rate of one (1) percent of the tendered cost of
work for every Ten (10) days limited to a maximum of Ten (10%) Percent of the value
of work while his failure to do so continue and in the case of any such failure the
Engineer-in- charge may on expiry of the notice period rectify and remove and
reexecute the work or remove and replace with other at the risk and cost of the
Contractor. The decision of the Engineer-in- charge as to any question arising under
this clause shall be final and conclusive.
GC-72 SUSPENSION OF WORK :
Contractor shall, if ordered in writing by Engineer-in-charge or his representative
temporarily suspended the work or any part thereof for such time (not exceeding two
months) as ordered and shall not after receiving such written order proceed with the
work until he shall have received a written order to proceed therewith the contractor
shall not be entitled to claim compensation for any loss or damage sustained by him
by reason of temporary suspension of work as aforesaid. An extension of time for
completion of work will be granted to the contractor corresponding to the delay
caused by such suspension of work if the applied for the same provided the suspension
was not consequent upon any default or failure on the part of the contractor.
GC-73 OWNER MAY DO PART OF THE WORK :
When the contractor fails to comply with any instructions given in accordance with the
provisions of this contract, the S.M.C. has the right to carry out such parts of work as
the S.M.C. may designate whether by purchasing materials and engaging labour or by
the agency of another contractor. In such case the S.M.C.shall deduct from the amount
which otherwise might become due to contractor the cost of such work and
materials with Ten (10%) percent added to cover all departmental charges and should
the total amount thereof exceed the amount due to contractor, contractor shall pay
the total amount thereof exceed the amount due to contractor, contractor shall pay
the difference to S.M.C.
GC-74 POSSESSION PRIOR TO COMPLETION :
The Engineer-in-charge shall have the right to take possession of or to use any
completed or partly completed work or part of work, such possession or use shall
not be deemed to be an acceptance of any work completed in accordance with the
contractor. If such prior possession or use by Engineer-in- charge delays the progress
of work, equitable adjustment in the time of completion will be made and the contract
shall be deemed to be modified accordingly.
GC-75 COMPLETION CERTIFICATE :
As soon as the work has been completed in accordance with contract (except in
minor respect that do not effect their use for the purpose for which they are intended
and except for maintenance thereof) as per general conditions of contract and has
passed the tests on completion, the Engineer-in-charge shall issue a certificate
(hereinafter called completion certificate) in which he shall certify the date on which
work has been completed and has passed the said tests and S.M.C. shall be deemed
to have taken over work on the date so certified. If work has been divided in various
groups in contract, S.M.C. shall be entitled to take over any group or groups before the
other or others and there-upon the Engineer-in-charge will issue a completion
certificate which will, however, be for such group or groups so taken over only. In
order that contractor could obtain a completion certificate, he shall made good, with
all speed any defect arising from the defective materials supplied by contractor or
workmanship or any act or commission of contract that may have been discovered or
developed after the work or group of works has been taken over. The period allowed
for carrying out such work will be normally, one month. If any defect be not remedied
within a reasonable time, S.M.C. may proceed to do work at contractor's risk and
expenses and deduct from the final bill such amount as may be decided by S.M.C. If by
reason of any default on the part of the contractor, a completion certificate has not
been issued in respect of every portion of work within one month after the date fixed
by contractor for completion of work, S.M.C. shall be at liberty to use work or any
portion thereof in respect of which a completion-certificate has been issued, provided
that work or the portion thereof so used as aforesaid shall be afforded reasonable
opportunity for completion of this work for the issue of completion certificate.
GC-76 SCHEDULE OF RATES :
1. The price/rates quoted by the contractor shall be remain firm till the issue of final
certificate and shall be subject to price ADJUSTMENT CLAUSE GC-35. Schedule of
rates shall be deemed to include and cover all costs expenses and liabilities of every
description and all risks of every kind to be taken in executing, completing and
handling overwork to owner by contractor. Contractor shall be deemed to have
known the nature, scope, magnitude and the extent of work and materials required
through contract documents may not fully and precisely furnish them. He shall
make such provision in the schedule of rates as he may consider necessary to cover the
cost of such items of work and materials as may be reasonable and necessary to
completion work. The opinion of Engineer-in-charge as to the item of work shall be
final and binding on Contractor although the same may be not shown on or described
specifically in contract documents.
2. The Schedule of rates shall be deemed to include and cover the cost of all
constructional plant, temporary work, pumps, materials, labour and all other materials
in connection with each item in schedule of rates and the execution of work or any
portion thereof furnished complete in every respect and maintained as shown or
described in the contract document or as may be ordered in writing during the
continuance of the contract.
3. The Schedule of rates shall be deemed to include and cover the cost of all royalties
and free for the articles and processes, protected by letters patent or otherwise
incorporated in or used in connection with work, also all royalties, and other payments
in connection with materials of whatsoever kind for work and shall include an
indemnity to-owner which contractor hereby gives against all action, proceeding, claims,
damages, costs and expenses arising from the incorporation in use of work of any such
articles, processes or materials. Octroi of other Municipal or Local Board charges if
levied on materials equipment of machineries to be brought to site for use on work shall
be borne by the contractor.
4. No exemption or reduction of custom duties excise duties, sales-tax or any other
taxes or charges of the Central or State Government any local body whatsoever will be
granted to obtained. All of such expenses shall be deemed to have been included in and
covered by schedule of rates. Contractor will also obtained and pay for all permits or
other privileges necessary to complete work.
5. The schedule of rates shall be deemed to include and cover risk on account of delay
or interference with contractor's conduct of work which may occure from any cause
including orders of S.M.C. in the exercise of his power and no account of extension of
time granted due to various reasons.
6. For work under unit rate basis no alteration will be allowed in the schedule of rates
by reason of work or any part of them being field, altered extended, diminished or
GC-77 PROCEDURE FOR MEASUREMENT OF WORK IN PROGRESS :
1. All measurements shall be in metric system. All the work in progress will be jointly
measured by the representative of Engineer-in-charge and contractor's authorised
agent. Such measurements will be got recorded in the measurement book by the
Engineer or his authorised representative and signed by contractor or his authorised
agent in token of acceptance. If the contract or his authorised agent fails to be present
when even required by the Engineer-in-charge for taking measurements for any
reasons whatsoever, the measurement will be taken by the Engineer - in - charge or
his authorised representative not withstanding the absence of contract and these
measurement will be deemed to be correct and binding on contractor.
2. Contractor will submit a bill in approved performa in duplicate to the Engineer -
in - charge of the work giving abstract and detailed measurements of various items
executed during a month as mutually agreed. The Engineer-in-charge shall verify the
bill and the claim, as far as admissible, adjusted if possible, within 10 days of
presentation of the bills.
3. In case of Tenders for completed items of work, contractor may be allowed 'Secured
Advance' on the Security of materials brought to site for execution of the constructed
items of work the extent of 75% of the value of materials of unperishable nature and an
agreement be drawn up with contractor under which the owner secured a lien on
these materials and is safe guarded against losses due to any reasons whatsoever.
Recoveries of advance paid would not be postponed till the whole work is completed
but shall be adjusted from his work done or the materials used, the necessary
deductions being made when the items of work in which they are used and are billed
for. When the mode of measurement is not covered by contract for any item of work it
shall be as per latest I.S.I.
GC-78 RUNNING ACCOUNT PAYMENT TO BE RECOVERDED AS ADVANCES :
1. All running account payments shall be regarded as payments by way of advance
against the final payment only and not as payment for work actually done and
completed and shall not preclude the requiring of bad, unsound and imperfect or
unskilled work to be removed and taken away and reconstructed or to be considered as
an admission of the due performance of contract or any part thereof.
GC-79 NOTICE FOR CLAIM FOR ADDITIONAL PAYMENT :
If the contractor considers that he is entitled to extra payment or compensation or any
claim whatsoever in respect of work, he shall forthwith give notice in writing to the
Engineer-in-charge about his extra payment and/or compensation. Such notice shall be
given to the Engineer-in-charge within Ten (10) days from the happening of any event
upon which contractor basis such claims and such notice shall contain full particular of
the nature of such claim with full details and amount claimed. Failure on the part of
the contractor to put forward any claim with the necessary particulars as above
within the time above specified shall be an absolute waiver thereof. No commission by
S.M.C. to reject any such claim and no delay in dealing therewith shall be waiver by
S.M.C. of any rights in respect thereof.
GC-80 PAYMENT OF CONTRACTOR'S BILL :
1. The price to be paid by the S.M.C. to contractor for the work to be done and for the
performance of all the obligations under taken by the contractor under contract shall
be based on the contract price and payment to be made accordingly for the work
actually executed and approved by the Engineer-in-charge.
2. No payment shall be made for work costing less than Rs.5,000/-till the work is
completed and a certificate of completion given. But in case of work estimated to
cost more than Rs.5,000/- contractor on submitting the bill thereof will be entitled to
receive a monthly payment, proportionate to the part thereof, approved and passed by
Engineer-in-charge whose certificate of such approval and passing of the sum so
payable shall be final and conclusive against contractor. This payment will be made
after making necessary deductions as stipulated elsewhere in the contract
documents for materials, security deposit, etc. The payment shall be released to the
contractor within Thirty ( 30 ) days of submission of the bill in case of running bill
and with in two (02) months in case of final bill, contractor shall present the bill duly
pre-receipted on proper revenue stamp.
Payment due to Contractor shall be made by the by crossed Accounts payee cheque in
Indian currency forwarding the same to the registered office of the contractor. Owner
shall not be responsible if the cheque is mislaid or misappropriated by unauthorized
GC-81 FINAL BILL :
The final bill shall be submitted by Contractor within two (02) month of the date of
physical completion of work, Otherwise the Engineer-in-charge certificate of the
measurement and of total amount payable for work shall be finalized binding on all
measurement and of total amount payable for work shall be finalized binding on all
GC-82 RECEIPT FOR PAYMENT :
Receipt for payment made on account of work when executed by a firm must be signed
by a person holding power of attorney in this respect on behalf of contractor except
when described in the tender as a limited company in which case the receipt must be
signed in the name of the company by one of its principal officers or by some other
person having authority to give effectual receipt for the Company.
GC-83 COMPLETION CERTIFICATE :
1. When the contractor fulfil his obligation as per terms of contract he shall be
eligible to apply for completion certificate. Contractor may apply for separate
completion certificate in respect of each such portion of work by submitting the
completion documents alongwith such application for completion certificate.
The Engineer-in-charge shall normally issue to contractor the completion certificate
within 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 after obtaining the completion
certificate is eligible to present the final bill for work executed by him under the
terms of contract.
2. Within 2 (Two) month of completion of work in all respect contractor shall be
furnished with a certificate by the Engineer-in-charge of such completion but no
certificate shall be given nor shall work be deemed to have been executed, until all
(1) scaffolding, surplus materials and 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 of surplus materials returned to S.M.C.'s store duly supported by necessary
4. Upon expiry of the period of defects liability and subject to Engineer-in-charge
being satisfied that work 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 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
GC-84 TAXES, DUTIES, OCTROI, ETC. :
The Contractor shall be liable to payment of all the Central/ State/Local Bodie's Levies,
taxes or duties etc. The SMC shall neither bear it nor reimburse at any time but will
ensure deduction of Central/State/Local levies and taxes at Source at the rate provided
under the relevant statutes from time to time inforce. Further the work contract tax or
sale tax shall be borne by the Contractor as per Rules and Regulations of Government.
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 obligations 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
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 workman’s' 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 by owner.
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
omission 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 negligence or willful act of omission of
contractor, his employees, agents, representatives or sub-contractors.
GC-87 LABOUR LAWS AND REGULATIONS :
1. The contractor shall be responsible 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
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 designated in this behalf under any application law, rules or regulations
(including but not restricted to the factories 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 relating 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 authorisation 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 Contractor.
3. In every case in which by virtue of any provision applicable in the workman's
Compensation Act 1923 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 1964 :
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
GC-91 SAFETY CODE :
Contractor shall adhere to safe construction practice and guard against hazardous and
unsafe working conditions and shall comply with owner's safety rules and set fourth
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 prohibited 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. Scaffolding :
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 4 vertical).
3.2 Scaffolding or staging 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 scaffolding or 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 named therein by the Contractor.
6. Enforcement of Safety Regulations :
6.1 To ensure effective enforcement of the rules and regulations 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 operations of any other Act or rules in force in the Republic of
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 occurrence 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 clearly and
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 penalties 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 workmen’s 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 labour commission 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 other hand, 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.
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 other hand, 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.
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 and Service Tax) has come in existence from 1st July,
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 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 alongwith 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
(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, in no case SMC shall be liable for the same.
NOTE:- The Rates mentioned in BOQ are excluding GST. GST will be
reimbursed separately (if applicable as per the opinion of Account
department of SMC / GST Consultant of SMC) as per the prevailing GST Rates
decided by the Government. The contractor is invariably bound to any
changes in GST Rates made during the course of the work. The payment (if
applicable) for GST will be only released only after the applicable Amount
reflects on Government portal. Decision of Account Department of SMC
regarding applicable GST Rates will be final.
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
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
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
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 15 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 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, the amount mentioned above for every day that the due
quantity of work remained incomplete provided always that the total amount of
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 the tender.
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 be 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
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 clause(3) 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
clause 2, be entitled to take action under clause 3 (b) after giving the contractor
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 clause
and 4 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 clause
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
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 Commissioner 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 Commissioner 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 Commissioner in thismatter shall be final.
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 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
certificate of the measurement and of the total amount payable for the work shall be
final and binding on all parties.
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
CLAUSA0 Time for Bills to be submitted
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-107 BILLS 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.
GC-108 STORES SUPPLIED BY SMC
If the specification or estimate of the work provides for the use of any special
description of materials to be supplied from the Municipal Store or if it is required that
the contractor shall use certain stores to be provided by the Engineer-in-charge (such
materials and stores and the prices to be charged thereof as hereinafter mentioned
being so far as practicable for the convenience of the contractor but not so as in any way
to control meaning or effect of the contract specified in the schedule or memorandum
hereto annexed) the contractor shall be supplied with such materials and stores as may
be required from time to time to be used by him for the purpose of the contract only and
the value of the full quantity of materials and stores so supplied shall be set off deducted
form any sums then due, or thereafter to become due to the contractor under the
contract, or otherwise or from the security deposit, or the proceeds of sale thereof shall
be deposit is held in Governement securities the same or a sufficient portion there of
shall in that case be sold for the purpose. All material supplied to the contactor shall
remain the absolute property of Municipal Corporation and shall on no account be
removed from the site of the work, and shall at all times be opened to inspection by the
Engineer-in-charge. Any such materials unused and in perfectly good condition at the
time of completion or determation of the contract shall be returned to the related zone
store, if the Engineer-in-charge so requires by a notice in writing given under his hand,
but the contractor shall not be entitled to return any such materials except with such
consent and he shall have no claim for compensation on account of any such materials
supplied to him as aforesaid but remaining unused by him or for any wastage in or
damage thereto.
GC-109 WORKS TO BE EXECUTED IN ACCORDANCE WITH SPECIFICATIONS,
DRAWINGS ORDERS ETC.
The contractor shall execute the whole and every part of the work in the most
substantial and workman like manner, and both as regards materials and in every other
respect in strict accordance with the specifications. The contractor shall also conform
exactly, fully and faithfully to designs, drawings and instructions in writing relating to
the work signed by the Engineer-in-charge and lodged in his office and to which the
contractor shall be entitled to have access for the purpose of inspection at such office, or
on the site of the work during office hours, and the contractor shall, if he so requires, be
entitled at his own expense to make or cause to be made copies of the specifications and
of all such designs, drawings and instruction on aforesaid.
GC-110 ALTERNATION ON SPECIFICATIONS AND DESIGN NOT TO INVALIDATE
CONTRACTORS. RATES FOR WORKS NOT ENTERED IN ESTIMATE OR SCHEDULE TO
RATES OF THE SMC
The Engineer-in-charge shall have power to take any alteration in, or addition to the
original specifications, drawings, designs and instruction that may appear to him to be
necessary or advisable during the progress of the work, and the contractor shall be
bound to carry out the work in accordance with any instructions in this connection
which may be given to him in writing signed by the Engineer- in-charge and such
alteration shall not invalidate the contract and any additional work which the contractor
may be directed to do in the manner above specified as part of the work shall be carried
out by the contractor on the same conditions in all respect on which he agreed to do the
main work and at the same rates as are specified in the tender for the main work. And if
the additional and altered work includes any class of work for which on rates is specified
in this contract than such class of work shall be carried out at the rates entered in the
schedule of rates of Municipal Corporation or at the rates mutually agreed upon
between the Engineer-in-charge and the contractor whichever are lower if the
additional or altered work for which no rate is entered in the schedule of Rates of
Municipal Corporation is ordered to be carried out before the rates are agreed upon
then the contractor shall, within seven days of the date of receipt by him of the order to
carry out the work, inform the Engineer-in-charge of the rate which it is his intention to
charge for such class of work and if the Engineer-in-charge does not agree to this rate he
shall by notice in writing be at liberty to cancel his order to carry out such class of work,
and arrange to carry it out in such manner as he may consider advisable provided
always that if the contractor shall commence the work or incure any expenditure in
regards thereto before the rates shall have been determined as lastly herein before
mentioned, then in such case he shall only be entitled to be paid in such case he shall
only be entitled to be paid in respect of the work carried out or expenditure incurred by
him prior to the date of the determination of the rate as aforesaid according to such rate
or rates as shall be fixed by the Engineer-in-charge. In the event of a dispute, the
decision of the Commissioner will be final.
Where, however, the work shall have to be executed according to the designs; drawings
and specifications recommended by the contractor and accepted by the competent
authority the alteration above referred to shall within the scope of such designs
drawings and specification appended to the tender.
Extension of time in consequence of additions or alterations. The time limit for the
completion of work shall be extended in the proportion that the increase in its cost
occasioned by alterations or addition the cost of the original contract work, and the
certificate of the Engineer-in-charge as to such proportion shall be conclusive.
GC-111 NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORKS TO
If at any time after the execution of the contract documents the engineer-in-charge shall
for any reason whatsoever, require the whole or any part of the work as specified in the
tender to be stopped for any period or shall not require the whole or part of the work to
be carried out at all or to be carried out by the contractor, he shall give notice in writing
of the fact to the contractor who shall thereupon suspend or stop, the work totally or
partially, as the case may be. In any such case, except as provided hereunder, the
contractor shall have no claim to any payment or compensation whatsoever on account
of any profit or advantage which he might have derived from the execution of the work
in full but which he did not so derive in consequence of the full amount of the work nor
having been carried out, or on account of any loss that he may be put to on account of
materials purchased or agreed to be purchased, or for unemployment of labour
recruited by him. He shall not also have any claim for compensation by reason of any
alteration having been made in the original specifications, drawings, designs and
instructions may involve any curtailment of the work as originals contemplated. Where
which however, materials have already been purchased or agreed to be purchased by
the contractor, before receipt by him of the said notice, the contractor shall be paid for
such materials at the rate determined by the Engineer-in-charge, provided they are not
in excess of requirements and are of approved quality and/or shall be compensated for
the loss, if any that he may be put to in respect of materials agreed to be purchased by
him, the amount of such compensation to be determined by the Engineer-in-charge,
whose decision shall be final. If the contractor suffers any loss on account of his having
to pay labour charges during the period during which to stoppage of work has been
ordered under this clause the contractor shall on application be entitled to such
compensation on account of labour charges as the Engineer-in-charge, whose decision
shall be final, may consider reasonable, provided that the contractor shall not be entitled
to any compensation on account of labour charges if, in the opinion of the Engineer-in-
charge, the labour could have been employed by the contractor elsewhere for the whole
or part of the period during which the stoppage of the work has been ordered as a
GC-112 ON CLAIM TO COMPENSATION ON ACCOUNT OF LOSS DUE TO DELAY IN
SUPPLY OF MATERIALS BY SMC.
The contractor shall not be entitled to claim any compensation from Municipal
Corporation for the loss suffered by him on account of delay by Municipal Corporation in
the supply of materials entered in schedule A' where such delay is caused by
(1) Difficulties relating to the supply of Railway wagons & availability of Government
controlled materials-
(2) Force Majeure.
(3) Act of God.
(4) Act of the Nation's enemies or any other reasonable cause beyond the control of
Municipal Corporation .
In the case of such delay in the supply of material the Municipal Corporation shall grant
such extension of time for the completion of the work as shall appear to the
Commissioner to be reasonable in accordance with the circumstances of the case. The
decision of the Commissioner as to the extension of time shall be accepted as final by the
The contractor is to set out and levi the work & will be responsible for the accuracy of
same. He is to provide and maintain measuring and surveying instruments including
steel tapes, theodolite and dumpy level at all times for proper carrying of the work and
for the use of Executive Engineer and his representative including skilled attendance.
The Contractor is to cover up and protect the works from the weather, and is suspend
all `wet' operations during weather which, in the Executive Engineer opinion, will be
detrimental to the work.
Samples of each class of material and workmanship shall be submitted by the
Contractor for the approval of Executive Engineer and after such approval these
samples shall be deposited at any place the Executive Engineer may appoint and the
Contractor shall be required to perform all the works of this contract in accordance with
On completion, all work must be cleaned down; rubbish removed and the works and
land cleaned of rubbish; surplus materials and other accumulations, and everything
left in a clean and ordinary condition.
The contractor shall provide, erect and maintain proper sheds and temporary buildings
for the storage and protection of materials and goods and for the execution of work
which may be fabricated or brought on the site.
The contractor is to set out and level the works and will be responsible for the accuracy
of the same. He shall also be responsible for the correctness of the positions, levels,
dimensions and alignment of all parts of the structures as shown in the drawings
supplied to him.If at any time any error shall appear during the progress of any part of
the work, the contractor shall at his own expense rectify such error if called upon to
the satisfaction of the Executive Engineer.
The contractor shall permit the execution of the work not provided for in the tender by
artists; tradesman, or others engaged by the Municipal Corporation . The contractor
shall allow all reasonable facilities and the use of his scaffolding and water for the
execution of such work, but is not required to provide any special scaffolding for the
execution of such work except by special arrangement with Municipal Corporation .
GC-120 TIME LIMIT FOR UNFORESEEN CLAIM
Under no circumstance whatsoever shall the contractor be entitled to any compensation
from Municipal Corporation on any account unless the contractor shall have submitted a
claim in writing to the Engineer-in-charge within one month of cause of such claim
GC-121 ACTION AND COMPENSATION PAYABLE IN CASE OF BAD WORK:
If at any time before the security deposit is refunded to the contactor, it shall appear to
the Engineer-in-charge or his subordinate in charge of the work that any work has been
executed with unsound imperfect, or unskillful workmanship or with materials of
inferior quality; or that any materials or articles provided by him for the execution of the
work are unsound, or of a quality inferior to that contracted for, or other- wise not in
accordance with the contract, it shall be lawful for the Engineer-in-charge to intimate
this fact in writing to the contractor and them not withstanding the fact that the work,
materials or articles complained of may have been inadvertently passed, certified and
paid for, the contractor shall be bound forthwith to rectify, or remove and reconstruct
the work so specified in whole or in part as the case may require, or if so required shall
remove the materials or articles so specified and provide other proper and suitable
materials or articles at his own charge and cost; and in the event of his failing to do so
within a period to be specified by the Engineer-in-charge in the written intimation
aforesaid, the contractor shall be liable to pay compensation at the rate of one percent
on the amount of the tender for every day not exceeding ten days, during which the
failure so contimate and in the event of any such failure as aforesaid the Engineer-in-
charge may rectify or remove and execute the work or remove and replace the materials
or articles complained or as the case may be at the risk and expense in all respects of the
contractor, should the Engineer-in-charge consider that any such inferior work or
materials as described above may be accepted or made use of it; shall be within his
discretion to accept the same at such reduced rates along with the appropriate penalty
as the Commissioner may deem fit.
The period to be counted from that date of final completion and handing over of the
work to the Municipal Corporation during which the contractor is so liable for any
defects in the work shall be the Defects Liability Period shown in the attached
GC-122 WORK TO OPEN BE INSPECTION
Contractor is responsible agent to be present. All works under in course of execution or
executed in pursuance of the contract shall at all time be open to the inspection and
supervision of the Engineer-in- charge and his subordinates, and the contractor shall at
all times during the usual working hours, and at all other times at which reasonable
notice of the intention of the Engineer-in-charge or his subordinate to visit the work
shall have been given to the contractor, either himself be present to receive orders and
instructions, or have a responsible agent duly accredited in writing present for that
purpose. Orders given to the contractor's duly authorised agent shall be considered to
have the same force and effect as if they had been given to the contactor himself.
GC-123 NOTICE TO BE GIVEN BEFORE WORK IS CONVERED UP
The contactor shall give not less than five day's notice in writing to the Engineer-in-
charge or his subordinate in charge of the work before covering up or other wise placing
beyond the reach of measurement any work in order that the same may be measured;
and correct dimensions thereof taken before the same is so covered up or placed beyond
the reach of measurement any work without the consent in writing of the Engineer- in-
charge or his subordinate in charge of the work, and if any work shall be covered up or
placed beyond the reach of measurement without such notice having been given or
consent obtained, the same shall be uncovered at the contractor's expense, and in
default thereof no payment or allowance shall be made for such work or for the
materials with which the same was executed.
GC-124 Contractor Liable For Damage Done, And Or Imperfection For Three
Months After Certificate.
If the contactor or his workmen; or servants shall break, deface injure or destroy any
part of a building in which they may be working, or any building, road, fence enclosure
or grass land or cultivated ground continuous to the premises on which the work of any
part thereof is being executed; or if any damage shall be done to the work for any cause
whatever while if is in progress or if any imperfection become apparent in it within the
Defect liability period mentioned above by Engineer- in- charge the contactor shall make
good the same at his own expense, or in default the Engineer in charge may cause the
same to be made good by other workmen and deduct the expenses (of which certificate
of Engineer-in- charge shall be final) from any sum that may be due or thereafter
became due to the contractor or from his security deposit or the proceed of sale thereof
or of a sufficient portion thereof.
GC-125 CONTRACTOR TO SUPPLY PLANT, SCAFFOLDING ETC
The contractor shall supply at his own cost all materials ( except such special
materials, if any, as may be
supplied from the Pubub works department Stores in accordance with the
contract).plant tools, appliances implements, ladders, cordage, scaffolding and any
temporary works which may be required for the proper execution of the work, in the
original; altered or substituted from, and whether included in these specification or,
other documents forming part of the contract or referred to in these conditions or not
and which may be necessary for the purpose of satisfying or complying with the
requirements of the Engineer-in-charge as to any matter on which under these
conditions he is entitle to be satisfied, or which he is entitled to require together
with carriage thereof. To and from the work. The contractor shall also supply without
charge the requisite number of persons with the means and materials necessary for
the purpose of setting out works and counting, weighing and assisting in the
measurement or examination at any time and from time to time of the work or
materials, Failing this the same may be provided by the Engineer-in-charge at the
expense of the contractor and the expense may be deducted from any money due to
the contractor under the contract, or from his security deposit or the proceeds of
sale thereof or of a sufficient portion thereof. The contractor shall provide all necessary
fencing and lights required to protect the public from accident; and shall also be
bound to bear the expenses of every suit. Action or other legal proceedings, at law,
that may be brought by any person for Injury sustained owing to negligence of the
above precautions, and to pay damages and costs which may be awarded in any such
suit action or proceedings, to any such person, or which may with the consent of the
contractor be paid in compromising any claim by any such person.
The contractor shall make his own arrangement for drinking water for the labour
employed by him.
GC-127 LIABILITY OF CONTRACTOR FOR ANY DAMAGE DONE IN OR OUTSIDE
Compensation for all damage done intentionally or unintentionally or by contractor's
labourers whether in or beyond the limits of municipal property shall be estimated
by the Engineer-in-charge or such other office as he may appoint & estimates of
Engineer-in-charge subject to the decision of the Commissioner on appeal be final & the
contractor shall be bound to pay the amount of the assessed compensation of demand
failing which the same will be recovered from the contractor as damage from the
security deposit or deducted by the Engineer-in-charge from any sum that may by due
or become due from Mahanagar Seva Sadan to the contractor under this contract or
The contractor shall bear the expenses of defending any action or other legal
proceedings that may be brought by any person from injury sustained by him owing to
negligence of precautions to prevent the spread of fire & he shall also pay any damages
and cost that may be awarded by the court in consequence.
GC-128 WORK ON SUNDAY
No work shall be done on Sunday without the sanction in writing of the Engineer-in -
Contract may be rescinded by and security deposit forfeited for subletting it without
approval or for be inging a public officer or if contractor becomes in solvent:
The contract shall not be assigned or subject without the written approval of the
Engineer- in-charge, and if the contactor shall assign or sublet his contract or attempt
to do so or become insolvent or commence any proceedings to be adjudicated an
insolvent or make any composition with his creditors, or attempt to do the Engineer-in-
charge may, by notice in writing rescind the contract. Also if any bribe, gratuity gift,
loan, perquisite, reward or directly advantage, pecuniary or otherwise, shall either or
indirectly be given, promised, or offered by the contractor, or any of his servants agents
to any public officer or person in the employ of Municipal Corporation in any way
relating to his office or employment, or if any such officer or person shall become in any
way directly or indirectly interested in the contract the Engineer- in-charge may be
notice in writing rescind the contract. In the event of contract being rescinded, the
security deposit of the contractor shall thereupon stand forfeited and be absolutely at
the deposit of the Mahanagar Seva Sadan & the same consequences shall ensue as if
the contract had been rescinded under clause-3 hereof and in addition the
contactor, shall not be entitled to recover or be paid for any work thereto for, actually
performed under the contract.
GC-130 SUM PAYABLE BY WAY OF COMPENSATING TO BE CONSIDERED AS
REASONABLE COMPENSATION WITHOUT REFERENCE ACTUAL LOSS
All sums payable by a contractor by way of compensation under any of these conditions
shall be considered as a reasonable compensation to be applied to the use of Municipal
Corporation without reference to the actual loss or damage sustained and whether
any damage has or has not been sustained.
GC-131 CHANGES IN THE CONSTITUTION OF FIRM TO BE NOTIFIED.
In the case of a tender by partners any change in the constitution of a firm shall be
forthwith notified by the contractor to the Engineer-in-charge for his information.
GC-132 WORKS TO BE UNDER THE DIRECTION OF EXECUTIVE ENGINEER
All works to be executed under the control shall be executed under the directions and
subject to the approval in the respects of the Executive Engineer who shall be entitled
to direct at what point or points and in what manner they are to be commenced, and
from time to time carried on.
GC-133 DECISION OF THE COMMISSIONER TO BE FINAL
Except where otherwise specified in the contract decision of the Commissioner shall be
final conclusive and binding on all parties to the contract upon all questions relating to
the meaning of the specification designs, drawings and instructions here in before
mentioned and as to the quality of workmanship, or materials used on the work, or as
to any ot her question, claim, right, matter, or thing whatsoever in any way arising or
relating to the contract, designs, drawings, specifications, estimates, instructions, orders
or these conditions, or otherwise concerning the works or the execution or failure to
execute the same, whether arising, during the progress of the work or after the
completion or abandonment thereof.
GC-134 LUMP SUM IN ESTIMATES:
When the estimate on which a tender is made includes lump sums in respect of parts of
the work the contractor shall be entitled to payment in respect of the item of work
involved or the part of the work in question at the same rates as are payable under this
contract of such items of if the part of the work in question is not in the opinion of the
Engineer-in-charge capable of measurement the Engineer-in-charge may at his
discretion pay the lump sum amount entered in the estimate, and the certificate in
writing of the Engineer-in-charge shall be final and conclusive under the provision of
GC-135 ACTION WHERE NO SPECIFICATION
In the case of any class of work of which there are on such specifications as are
mentioned in Rule 1 such work shall be carried out in accordance with the Municipal
or Gujarat Government P.W.D. specifications, and in event of there being no Municipal
or Government P.W.D. specifications, then in such case the work shall be carried out in
all respects in accordance with the instructions & requirement of the Engineer- in-
GC-136 DEFINITION OF WORKS
The expression "works" or "Work" where used in these conditions shall, unless there
be something in the subject or context repugnant to such construction be constructed
to mean the work of works the contracted to be executed under or in virtue of the
contract, whether temporary or permanent, and whether original altered, substituted
GC-137 REFUND OF QUARRY FEES AND ROYALTIES
All quarry fees and royalties shall be paid by the contractor All octroi taxes shall also
be paid contractor according to the Municipal rules in force at the time and no refund
shall be given Certificate for refund of quarry fees and royalties in admissible under
existing rules shall be given by the Municipal to the contractor after successful
completion of the contract. For the levy of water charges for construction work, please
see the attached Memorandum.
GC-138 COMPENSATION UNDER WORKMEN'S COMPENSATION ACT
The contactor shall be responsible for and shall pay any compensation to his workmen
payable under the workmen's Compensation Act 1923 ( VIII of 1923 ) or any statutory
modification thereof for injuries caused to workmen.
GC-139 CLAIM FOR QUANTITIES OF WORK ENTERED IN THE TENDER ESTIMATE
Quantities shown in the tender are approximate and no claim shall be entertained for
quantities of work executed being either more or less then those entered in the
tender of estimate.
GC-140 CLAIM FOR COMPENSATION DELAY IN STARTING THE WORK
No. compensation shall be allowed for any delay caused in the starting of the work on
account of any acquisition of land and in the case of clearence work, for any delay in
accordance to estimate.
GC-141 CLAIM FOR COMPENSATION FOR DELAY IN THE EXCAVATION OF WORK
No compensation shall be allowed for any delay in execution of the work on account
of water standing in borrow pits or compartments. The rates are inclusive for hard
or cracked soil , excavation in mud, sub- soil water or water standing in borrow
pits, and no claim for an extra rate shall be entertained, unless otherwise expressly
GC-142 ENTERING UPON OR COMMENCING ANY PORTION OF WORK
The contractor shall not enter upon or commence any portion of work except with
the written authority and instructions of the Engineer-in-charge or of his subordinate
in charge of the work failing such authority the contractor shall have no claim to ask
for measurements for payment of work,
GC-143 MINIMUM AGE OF PERSONS EMPLOYED THE EMPLOYMENT OF DONKEYS
AND OR OTHER ANIMALS & THE PAYMENT OF FAIR WAGES
(i) No contractor shall employ any person who is under the age of 12 years.
(ii) No contractor shall employ donkeys or other animals with breching of string or
thin rope. The breeching must be atleast three inches wide and should be of tape
(iii) No animals suffering from sores, lameness or emaciation or which
isimmature shall be employed on the work.
(iv) The Engineer-in-charge or his agent is authorised to remove from the work any
person or animal found working which does not satisfy these conditions and no
responsibility shall be accepted by Municipal Corporation for any delay caused in the
completion of the work by such removal.
(v) The contractor shall pay fair & reasonable wages to the workmen employed by him
in the contract undertaken by him in the event of any dispute arising between the
contractor and his workmen onthe grounds that the wages paid are not fair and
reasonable, the dispute shall be referred without delay to the Executive Engineer who
shall decide the same.
The decision of the Executive Engineer shall be conclusive and binding.
On the contractor but such decision shall not in any way affect the condition in
the contract regarding the payment to be made by Municipal Corporation at the
sanctioned tender rates.
GC-144 METHOD OF PAYMENT
Payment to contractors shall be made by cheques drawn on any Bank in Surat,
provided the amount exceeds Rs.10. Amounts not exceeding Rs.10 will be paid in cash.
GC-145 ACCEPTANCE OF CONDITION COMPULSORY BEFORE TENDERING FOR
Any contractor who does not accept these conditions shall not be allowed to tender for
GC-146 CLAUSE HEADINGS
The clause headings in these conditions are for purposes of reference only and are not
to be deemed to from part of this contract.
Disputes if any, shall be discussed and mutually settled and in case of disagreement
the same shall be referred to Commissioner/Standing Committee. After referring to
Commissioner/Standing Committee if the said dispute is not solved, the same shall be
referred to the court subject to Surat Jurisdiction only.
GC-148 THE FOLLOWING CONDITION ARE BEING INCLUDED IN THIS TENDER
AND SHALL BE CONSIDERED AS A PART OF TENDER DOCUMENT.
(i) In case the total amount of work done is less than 5% of the contract value, prorate
(i) In case the total amount of work done is less than 5% of the contract value, prorate
S.D. to that extent may be refunded to the contractor while releasing the payment of final
bill. In short, the S.D. to be retained by the Corporation after payment of final bill shall be
equal to 2% of the amount of final bill as per the prevailing norms or as per the norms
decided from time to time.
(ii) If there is increase in amount of work more than 5% of the Contract value. The
Additional S.D. shall be recovered from the running bill. When the total of any of work
done by the Contractor up to running bills under consideration is more than 5% of the
contract value. However, such S.D. shall be recovered in the round figure of Rs. 1000/-
i.e. the amount of work done when it exceeds 5% of the contract value it shall be
refunded of to the nearest multiple of Rs.25000/- such additional S.D. shall be
recovered for the works amount to Rs. 5 Lacs or more at the rate of 4% of the additional
(iii) In many cases, the contractors are stopping the work half-way due to number of
reason and when the department has to take actions in accordance to clause 3(a) or
(b) or (c) of the contract the remaining work has to be carried out by advertising the
tender for the remaining work and the whole administrative process right from inviting
tenders to finalising the tender etc.
In such cases a fixed amount of Rs.1000/- should be reversal from the original
contract towards the cost of advertisement and other administrative charges incurred
by the department in finalising the contract for the remaining work. In case a separate
advertisement is issued for a single work actual cost of advertisement shall be recovered
such recovery shall be in addition to the recovery to be made under clause-3 or such
other relevant clauses.
In continuation of clause No.46(i) if any contractor found employing person or persons
under the age of 12 years, during course of the construction at any stage, legal actions
shall be taken against him as stipulated in Child Labour (Prohibition & Regulation) Act
1986 and also, a penalty of Rs.20,000/-(Rupees Twenty thousand) shall be imposed
which shall be deposited with District Collector in Child Labour Rehabilitation cum
GC-150 EVALUATION OF SUBMITTED QUALIFICATION OFFER BASED ON
SUBMISSIONSMADE BY THE TENDERER
The tenderer shall be fully responsible for correctness of submissions made whether
same has been examined and approved by employer or not. In the event of
misrepresentation or suppression of the matter/ fact by the tenderer, the action will be
taken on the wrong tenderer as per procedure/ provision outlined in the tender
document. Price bid will be opened of those tenderers, whose post qualification bids
meet requirements of the qualifying criteria as laid down in tender
GC-151 RESPONSIBILITY OF CONTRACTOR UNDER CONSTRUCTION AND
DEMOLITION WASTE (C & D WASTE) RULES
Contractor shall remove all condtruction and demolition waste (C & D waste) and
clean the area every day, or depending upon (1) The type & schedule of the work,
(2) The quantity and type of waste generated, appropriate storage and collection
facility shall be developed at site. Reasonable timeframe shall be worked out in
consultation with engineer in charge of the project, for storage & usage of C & D
If it's found that contractor is irregular and showing negligence to management of C
& D waste, them if deem fit, engineer in charge would arrange to dispose the said C
& D waste through an authorized C &D waste contractor/agency of surat municipal
corporation and all the expenditure made towaers disposal of this C & D waste shall
be recovered from the contractor as per the prevailing charges.
Contractor shall have to bear the expenses towards management of C & D waste as
per the prevailing norms, no extra payment shall be entertained for the same.
Contractor shall keep record of generation and disposal of construction and
demolation waste (C & D waste) and proof of its disposal as per the provision of C
& D waste rules and he has to submit alone with running bills.
If contractor fails to upkeep and maintain records of C & D waste generation-
disposal records etc., Than it shall be calculated as per the provision of the standing
committee resoluction no 1621/2016, dt.01/10/2016 and charges shall be
recovered from due of contractor with surat municipal corporation.
Contractor shall also ensure use of recycled products made from SMC authorized C
& D waste agency as far as possible to promote the C & D waste management
EXECUTIVE ENGINEER,
EAST(VARACHHA) ZONE -A
SURAT MUNICIPAL CORPORATION,
SIGNATURE OF THE CONTRACTOR
ADDITIONAL INSTRUCTION FOR CEMENT AND STEEL :
Surat Municipal Corporation shall not issued cement and reinforcement steel to be
used for this work.The cement and reinforcement steel required for the above said work
shall be procured by contractor at its own cost.
The brands for cement shall be as mentioned in the table below.
The cement to be used shall be 53 The Reinforcement steel i.e. HYSD bars shall
grade OPC Cement and out of be only of following makes and shall be
following brands only: Thermo-Mechanically treated (TMT).
2. Rastriya Ispat Nigam Ltd. (RINL)
1. Ultrateck 3. TATA
2. Ambuja 4. Electrotherm(India) ltd.
3. Sanghi 5. National
4. Hathi 6. JSW steel Ltd
5. Siddhi 7. Ramswaroop
6. J.K.laxmi 8. Mono Steel India Ltd
9. Metaroll Ispat Pvt.Ltd.
10.Welspun Shield TMT
The brands for structural steel to be used shall be of make TATA, Jindal, SAIL or
All structural steel shall conform to I.S. 226-1975. The steel shall be free from the defects
mentioned in I.S. 226- 1975 and shall have a smooth finish. The material shall be free
from loose mill scale, rust pits or other defects affecting the strength and durability.
Rivet bars shall conform to I.S. 1148-1992.
When the structural steel is supplied by the contractor test certificates of the
manufacturers shall be obtained according to I.S. 226-1975 and other relevant
Indiand Standards.
Coloured galvanized Roofing sheet shall be of TATA or Jindal make trafford sheet
WASTAGE OF CEMENT AND REINFORCEMENT STEEL :
As the contractor is to bring the cement and steel, the question of considering the
wastage on the basic of issue rate does not arise i.e. no saparate payment shall be made
for any kind of wastage in the materials. The payment for reinforcement bar will be
made on theoritical weight basis. The weight shall be computed on the basis of the
length of the steel used in the work multiplied by the standard unit weight of
MS/HYSD/TMT bar as mentioned in IS code No.1786.
The steel consumption eighter less than 7.5% of the standard consumption shall be
penalised either at the double existing corporation issue rate or the prevailing market rate,
whichever is more.
Similarly, for cement also, the less consumption beyond 5% shall be penalised at
the double existing corporation issue rate or the prevailing market rate, whichever is
Dt.04/02/2026 Basic Rate for the month of FEBRUARY-2026 (1) High strenth TMT
steel Rs.52,500/- Per MT(W/O GST) (2) High strenth TMT CRS steel Rs.55,000/- Per
MT (W/O GST) (3) Cement is Rs.5,200/- Per MT (W/O GST).
Any of the above mentioned brands of Cement and Reinforcement steel shall only be used
by the contractor at the time of execution.
TESTING OF CEMENT AND STEEL :
It should be specifically noted that the cement and steel brought by the contractor at site of
work shall be used only after the same is tested at the approved laboratory as per the
direction of the Engineer- in-charge. Such approved laboratory may be located at Surat,
Baroda, Ahmedabad or Mumbai.
All the charge for the transport and testing of the samples shall have to be borne by the
contractor. The frequency of testing such material shall be in accordance to the relevant
Indian Standards as directed by Engineer-in-charge.
EXECUTIVE ENGINEER,
EAST (VARACHHA)ZONE-A
SURAT MUNICIPAL CORPORATION.
Signature of the Contractor:
1. General Description of work : ANNUAL RATE CONTRACT
MAINTENANCE AND REPAIRING WORK
OF VARIOUS MUNICIPAL SCHOOL
BUILDINGS IN TPS. NO.
04(ASHWINIKUMAR-NAVAGAM), TPS.
NO.15(FULPADA) ,TPS.
NO.17(FULPADA) & FULPADA GAMTAL
IN EAST (VARACHHA) ZONE-A, SURAT
2. Estimated Cost : Rs.35,49,609.30/- ( Excluding GST )
3. Earnest Money Deposit : Rs.35,500.00/-
4. Security Deposit :- Rs. 2 % of tender amount
(i) Initial Security Deposit Rs. 2% of each and every Bill amount
(ii) To be Deduced From R.A. Bill
Total Deposit : Rs. 4% of Tender Amount
5. Time allowed for the completion of : 12 (Twelve) months (Including
work from date fixed in written order monsoon)
6. Compensation for delayed work under : Zero Point two percent (0.2%) of the
GC 20A contract price per day maximum up to
ten percent (10%) of the contract price.
7. The progress of work should confirm
to the following schedule
10% of the work in : 25% of the time.
40% of the work in 50% of the time.
70% of the work in 75% of the time.
100% of the work in 100 % of the time
8. Percentage to be retained from : 5% (Five Percent) (refer GC-10)
running Account Bills
9. Defect Liability Period : 12 (Twelve) Months From the date of
actual completion of work.
10. Water Charges : CONDITION FOR THE WATER SUPPLY
& ELECTRIC SUPPLY on next page.
12. Construction Cess will be deducted : 1% of Work Done Amount in R.A.Bills and
from respective R.A. Bill and Final bill Final Bill
in accordance with the prevailing
norms of Govt. of Gujarat.
13 Goods and Service Tax (GST) As per GC
EXECUTIVE ENGINEER,
EAST (VARACHHA)ZONE - A
SURAT MUNICIPAL CORPORATION
Signature of the Contractor:
SURAT MUNICIPAL CORPORATION
EAST(VARACHHA) ZONE - A
CONDITION FOR THE WATER SUPPLY & ELECTRIC SUPPLY
FOR WATER CHARGE (As per City Engineer Note No.386, dtd.30/7/2012)
In case of Municipal Network or distribution center available or not at nearby area
Contractor has to make his own arrangement for construction work whether
from private boring or tankers. Contractor has to submit test report of water
weather it is of good quality for construction work or not and contractor has to
inform about it within 30 days of starting the work. If the contractor makes his own
arrangement for water required for construction and labour camp etc. by drilling own
bore or tankers, no water charges will be recovered from the contractor .
If contractor wants to use Municipal Water he has to follow procedure within below:
1. Contractor has to apply for water connection by Municipal Licensed plumber in
prescribed form.
2. Contractor has follow all procedure with his own expenses.
3. According to rule Municipal Corporation issue bill to contractor for consumption
of water and contractor has to paid it within stipulated time and contractor has
submit one copy of bill and payment receipt to concern department. If
contractor fail to pay the bill the amount of bill/paid receipt can be recover from
contractor's bill.
4. If Municipal Corporation network is not available then Contractor can make
arrangement of water tanker from nearby distribution center after depositing
required amount.
5. After completion of work contractor has to can-celled the water connection and
inform the concern department.
6. If network and distribution center/network are both not available in that case
contractor has to make his own arrangement for good quality construction
water and has to follow the option-1.
7. if contractor is taking water connection or 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, water charges shall be recovered
at the rate of 3% (Three Percent) of the civil items in which water consumed.
(2) The contractor shall make his own arrangement at his cost for electric supply
required for operating various plants and machineries required for the works and for
general lighting purpose for site, office, labour colony etc.
The energy bills shall also be paid by the contractor.
EXECUTIVE ENGINEER,
EAST (VARACHHA)ZONE - A
SURAT MUNICIPAL CORPORATION,
SIGNATURE OF THE CONTRACTOR.
IMPORTANT INSTRUCTION-A TO THE CONTRACTOR
(1) This tender document containing Page No. 01 to 276 duly signed by the
tenderer, should be furnished to Corporation treasury along with the amount of
earnest money deposit as mentioned in tender notice. If any of the drawings or
papers removed from the tender, the tender shall be rejected and E.M.D. shall be
(2) The tenderer who wants to propose something in written, he should write it
on his letter pad or another paper. Anything written on tender papers shall not
be considered by Corporation and Contractor shall not be intend to do so.
(3) Following Certificate shall be enclosed with tender.
(a) Solvency Certificate amounting of 20% of tender amount.
(b) Registration Certificate of required class given by Government or
Semi-Government organisation.
(c) Turnover Certificate and Last 03 Years ncome-Tax Returns.
(d) List of work done by Contractor with its volume.
(e) GST No. along with registration certificate under GST
(f) P.F. No. along with registration certificate
EXECUTIVE ENGINEER,
EAST (VARACHHA) ZONE -A
SURAT MUNICIPAL CORPORATION
SIGNATURE OF THE CONTRACTOR.
(1) The work shall be carried out strictly accoriding the specifications given in
Bombay Public Works Department Hand Book Vol.1 and II (The latest edition)
whenever applicable as directed by Executive Engineer.
(2) The work shall have to be started by the contractor at as many places as ordered
by the Executive Engineer.
(3) If during excavation or carrying out of any item of the work, any electric pole,
electric cable, telephone cables, telegraph cable, gas line, drain connection
pipeline,water service pipeline, sewer main, water mains,etc. is/are damaged by
the contractor shall be liable to pay the full expenditure required and to repair
the same or charges for the same (as the case may be ) decided by the electric
company, Gas Company, Government Authority or the Surat Municipal
Corporationwhich ever may be.
(4) The work shall be carried out in workman like manner, and best skilled worker
should be employed. If any defect in the work is found out the contractor shall have
to rectify within the time fixed by Executive Engineer. If he fails to rectify the
defect Executive Engineer after giving due notice shall rectify the defect at the
risk and cost of the contractor.
(5) All the work shall be done strictly according to the instruction of Executive
(6) No compensation shall be paid if the work is stoped due to defective work or as
per the instruction from Engineer-in-charge due to any reasons.
(7) The rates given in the schedule shall hold good for all works done under this
contract without reference to quantities or location of work.
(8) The contractors are particularly directed to observe from the specification what is
to be included in the items and rates for the serveral portion of the work frame
out all their rates for items accordingly.
(9) The date of starting of the work is considered to be the date specificied in the final
(10) If any Clause of Arbitration is there in tender document is deleted here with.
(11) The project under this tender may be executed under strict supervision of P.M.C.
if deployed by S.M.C. Contractor shall carryout the instructions of P.M.C.
(12) Third Party Inspection shall be deployed by S.M.C.
(13) The contractor shall submit the advance Pour Card in prescribed form for the type
of work which he planned to carryout with the skilled / unskilled labour deployed
by him for the work.
(14) The contractor shall establish concrete cube testing machine and other equipments
required for quality checking of materials as per instructions of PMC/ Engineer-In-
(15) The contractor shall use the materials of the specified brands only. Request for
equivalent brands will be considered only if specified brand is not available in
(16) ACCIDENT LIABILITIES:
The Contractor shall be responsible for all liabilities under workman compensation
(a) On occurrence of accident, resulting in death of workman employed by the
Contractor which is so serious as is likely to result in death of such workman who
meet with accident, the Contractor shall within 24 hours of accident, will intimate
in writing to Engineer-in-charge of such incidence. The Contractor shall indemnify
client, against all looses/damages sustained by the client resulting directly or
indirectly from his failure to give such intimation to client including penalties/fins
if any, payable by client as a consequence of client's failure to give notice under
workman’s compensation act or otherwise to conform the provision of this act in
regard to such accidents.
(b) In case when such compensations as above becomes payable under workman’s
compensation act, whether by contractor or by client as principal employer, it shall
be law full for the Engineer-in-charge to retain out of money due and payable to the
Contractor, such sum or sums of money as may in the opinion of the Engineer-in-
charge be sufficient to meet such a liability, the opinion of the Engineer-in-charge
shall be final in regard to all matters arising under this clause.
(17) INSURANCE:
The Contractor shall take "All Contract Risk Insurance Policy" for the estimated cost
of this work "Work's Man Compensation Policy" for all workers and labours of
contractor and client working at
site and "Third Party Insurance Policy" to fully cover all third party type risk. The
insurance policy so taken by the Contractor for such purposes shall be in the joint
name of the Contractor and the client and the policy shall be deposited with the
Contractors shall have to use maximum machinery for the work as per the direction
of Engineer-In-Charge. If possible, space for stacking the surplus excavated earth
will be provided by SMC. Otherwise the contractor shall arrange for the same at no
extra cost to SMC.
(18) Contractor has to fixed display board describing the necessary information /
particulars of work at specific location and shall submit the evidence to engineer-in-
charge along with photographs.otherwise , 0.25% to 1.0% of tender amount as per
description of engineer-in-charge shall be kept hold,while making payment to the
contractor until the evidences as stated above is submitted. No extra payment shall
be payable for fixing display boards.
(19) The Contractor shall paint building numbers & Flat numbers as per guideline of SMC
without any extra payment.
(20) PLEASE READ CAREFULLY
Following details pertaining to work progress is mandatory.
(A) Bar chart: Contractor shall submit barchart showing schedule of execution
of various activities within stipulated time limit
(B) Material Management : Contractor shall provide following details
Source of materials i.e. yellow earth, Coarse aggregate, Grit, fine
aggregates, bricks, cement, steel etc.
Supply schedule : According to bar chart, the flow diagram of
(1) Man power management :
The contractor shall submit details of manpower of various categories
(skilled & unskilled labours) to be deployed for the work as under.
Minimum no. of skilled and unskilled labors to be deployed on the
List of supervisors & engineers for supervision & quality control of
(21) 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 and totaly.
(22) 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.
(23) Neutral Technology option:
If Contractor wish to submit a Bid with Neutral Technology construction then
contractor has to submit detail methodology and Subsidised Material used in
constrcution with detail specification of each and every material. Contractor
have also to submit detail total estimate with rate justification of each and
evey non-conventional item in a seperate offer documents.
The contractor has to provide following certificates for any non-conventional
materials / technology from CBRI (Central Buliding Rsearch Institute) or IIT
(Indian Institute of Technology) or International Affiliate Institution
1. Certificate of minimum life of structure of 50 years
2. Certificate of testing of materials which includes
Fire resistance capacity of the structure
Thermal and energy efficienct certificate
Stability certificate of resistance to the natural Disasters like Flood,
Earth quake, Cyclone.
The material / Technology should be Eco-friendly.
Executive Engineer
East (Varachha)Zone - A
SIGNATURE OF THE CONTRACTOR Surat Municipal Corporation
SPECIAL CONDITIONS OF CONTRACT
Clause given under these special conditions shall be read in conjunction with
conditions of the contract and in case of any conflict the provisions of special
conditions will override the provisions of general conditions of contract.
The tenderer shall acquaint himself with the access to site, availability of
local facilities such as transport, materials, labour and shall price his tender
1.2 ROAD INFRASTRUCTURE :
The bidder shall acqaint himself with the access to site. The successful
tenderer shall have make road and other infrastructure facility for the easy
access to the site at his own cost.
All the safety and entry rules shall be strictly followed. The contractor is
fully responsible for the safety of his staff and workmen and must equip them
with safety appliances and tools.
1.4 TIME SCHEDULE :
The work shall be executed strictly as per the time schedule/bar chart
submitted alongwith price bid offer. The entire job/project has to be completed
within a period of 12 (Twelve) months Including Monsoon from the Date of
placement of order .The time limit includes the time limit required for testing,
rectification, if any, retesting and completion in all respect to the entire
satisfaction of the Engineer-in-charge. The timely completion of this project is
very very important for the citizen of Surat City, and hence weightage will be
given on strict compliance of work as per the sanctioning schedule of work/bar
1.5 Penalty for delay :
If the contractor fails to complete the whole project by the stipulated
completion date, he shall also pay liquidated damages at one fifth of one percent
i.e. 0.2% of tender amount per day of delay in completion and handing over the
work to the Surat Municipal Corporation. The amount of liquidated damages
shall however be subjected to maximum of ten (10) percent of the tender
amount. Delays in excess of one hundred days will be a cause for termination
of contract and for feiture of all per performance security.
1.6 Scope of Supply of material :
(a) Supply of material :
All materials, consumables, testing applicances, tools, tackles and spares etc.
necessary for the successful execution completion, and maintenance till handing
over to S.M.C. shall be procured and provided by the tenderer. No materials will
be supplied by the owner. Except mention in Schedule -`A.
Contractor shall have to make his own arrangement for water required for
construction, testing and for his labour/employees too.
Power required for the constructions, erection and other allied job shall be
arranged by the contractor at his own cost.
The Contractor shall have to make his own arrangement for getting electric
power. The S.M.C. will issue only recommendation letter to the contractor if
required. No compensation shall be paid for delay in getting power supply.
Cement required for the construction shall be arranged by the contractor at his own
All types of TMT reinforcement steel shall be arranged by the contractor at his own
1.7 Construction of Stores and site office :
Suitable areas will be allocated by the S.M.C. to the Contractor to build storages
for storing his equipments, plant, materials etc. and also to build his site offices.
He will be solely responsible for watching and guarding of his stores, offices etc.
The contractor shall cover all his equipments and materials at site with
requisite insurance against theft, larceny, dacoit, fire tempest, flood earthquake
On completion of the works undertaken by the contractor, he shall remove all
temporary works erected by him and have the site cleaned as directed by the
Engineer. The S.M.C. reserves the right to ask the contractor any time during the
tenure of the contract to vacate the land by giving 7 day's notice on security
reasons or on national interest or otherwise.
1.8 Labour and supervisory Camps:
No land will be provided by the S.M.C. to the Contractor for constructing his
labour and supervisory camps and other service facility. Contractor shall make
his own arrangements outside the site boundary.
1.9 Construction Equipments :
The contractor shall make his own arrangement to procure all constructional
plant and equipments for his own. He shall also state the type and number of
different equipments with their capacities in good working conditions which he
will use on the site to ensure completion of the work in the specified time.
All materials, construction plants and equipments once brought by the
contractor to site are not to be removed from there without the written
authority of the Engineer-in-charge. Also, the Contractor shall have adequate
stock of spare parts for the equipment on the site and work shall not be
delayed on this account. Similarly all temporary works built by the Contractor
for the main construction undertaken by him, are not be dismantled and removed
without the written authority of the the Engineer-in- charge.
1.10 Co-operation with other contractors :
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