Providing and Applying Hot Thermo Plastic road marking paint and floor marking with glass beads on various T.P. roads of Pal , Adajan gam and Adajan Patiya Depot area in West Zone (Rander) area of Surat Municipal Corporation.

NAME OF WORK: Providing and Applying Hot Thermo Plastic

road marking paint and floor marking with

glass beads on various T.P. roads of Pal

Adajan gam and Adajan Patiya Depot area in

West Zone (Rander) area of Surat Municipal

TENDER NOTICE NO.: Addi. City Engineer/West Zone/09/2026-

DOWNLOAD OF TENDER DOCUMENTS : From 17/09/2026 to

FROM website smc.nprocure.com 06/10/2026 upto 16.00 hrs

LAST DATE OF ONLINE QUERY : Bidder shall have to post

SUBMISSION there queries on E mail

[email protected].

on or before 23/09/2026,

LAST DATE OF SUBMISSION OF : On or before 06/10/2026 up

ONLINE TENDER to 18.00 hrs.

LAST DATE OF SUBMISSION OF : On or before 16/10/2026 to

TENDER FEES, EMD AND OTHER up to 17.00 hrs. To The

DOCUMENTS IN HARD COPY Chief Accountant, SMC, Tapi

Bhavan, Surat by R.P.A.D./

PROBABLE DATE OF OPENING : 07/10/2026 at 10.00 hrs

TECHNICAL BID onwards if possible

OPENING OF PRICE BID (ON : 17/10/2026 at 12.00 hrs. on

LINE) ETC. PROBABLE DATE wards if possible

ESTIMATED AMOUNT : Rs.1,23,92,164.00/-

DOCUMENT FEES : Rs.3600/- + Rs.648/- (18%

GST) = Rs.4248/-

TENDER TO BE SUBMITTED TO:

THE CHIEF ACCOUNTANT,

SURAT MUNICIPAL CORPORATION, TAPI BHAVAN, TAPIPURA,

SURAT MUNICIPAL CORPORATION

TENDER DOCUMENT

PARTICULARS PAGE NO.

1. NOTICE INVITING TENDER

2. CONTRACTOR TO PLEASE READ THIS CAREFULLY

3. DECLARATION FORM

4. INSTRUCTION TO TENDERERS

5. GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE FOR CONTRACTOR

6. GENERAL CONDITION OF CONTRACT

9. CONDITION FOR THE WATER SUPPLY AND ELECTRIC SUPPLY

10. IMPORTANT INSTRUCTION-A TO THE CONTRACTOR

11. IMPORTANT INSTRUCTION-B TO THE TENDERER

12. GENERAL TECHNICAL SPECIFICATION FOR THE WORKS

13. ITEMWISE DETAILED TECHNICAL SPECIFICATIONS

14. ADVANCE STAMP RECEIPT

15. ANNEXURE-C (AFFIDAVIT)

16. DRAWINGS 81 -

17. List of Banks

19. Schedule – B

SURAT MUNICIPAL CORPORATION

1.0 NOTICE INVITING TENDER

(A) RECEIPT AND OPENING OF TENDER :

Online Tenders will be received from the established and reliable

contractors From 17/09/2026 to 06/10/2026 upto 16.00 hrs. on

website smc.nprocure.com . The tender received after due time and date

specified will not be accepted.

(B) Providing and Applying Hot Thermo Plastic road marking paint and floor

marking with glass beads on various T.P. roads of Pal , Adajan gam and

Adajan Patiya Depot area in West Zone (Rander) area of Surat Municipal

Corporation.(Work No. 14)

1. ESTIMATED COST : Rs.1,23,92,164.00/-

2. EARNEST MONEY DEPOSIT : Rs.1,30,000/-

(Rupees One Crore Twenty Three lakhs Ninety Two Thousand One Hundred Sixty

Four Rupees Only)

3. TIME LIMIT : 12(Twelve) months [Excluding monsoon]

4.Document Fee : Rs.3600/- + Rs.648/- (18% GST) = Rs.4248/-

5. Registration required : "C" CLASS

(C) OPENING OF TENDERS :

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

authority subject to receipt of Tender Fees, EMD and other Documents in

Electronic format only through online (by scanning). The tenders will be

opened in two stages i.e. Technical Bid and Price Bid.

(D) PURCHASE OF TENDER DOCUMENTS:

Tender Documents can be downloaded from smc.nprocure.com From

17/09/2026 to 06/10/2026 upto 16.00 hrs. Tender documents fees of

Rs.4248.00 per set which is required for submission of tender towards

the cost of tender documents in cash, pay order or by demand draft of any

nationalized bank, in favour of "The Commissioner, Surat Municipal

Corporation" payable at Surat and shall be submitted along with EMD and

other documents in Electronic format only through online (by scanning).

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.

(E) CONTRACT PERIOD:

The total contract period is hereby fixed as 12(Twelve) months (Excluding

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 (Earnest

Money Deposit).

(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.

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

the contract documents.

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

of proceed for a period not exceeding fifteen days after the date of

execution of the contract agreement.

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

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

Transfer of tender documents to any other party is prohibited.

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

order to participate in the online bidding process.

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

employers code number under EPF Act, 1952 and are required to

comply the applicable provisions of said statute regularly and

(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 smc.nprocure.com :

a. Document fees and EMD Details.

c. All necessary supporting documents.

Please note that Price 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) 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

assignees for rejection of this tender.

The Surat Municipal Corporation further reserves the right to withhold

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

agreement by the successful Tenderer. The Surat Municipal Corporation is

not obliged to give reasons for any such action.

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

modifications or additions in the terms and conditions on his own in this

tender, then The Surat Municipal Corporation shall without prejudice to

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

Earnest Money Deposit in full. Such Tenderer may be disqualified from

tendering for further works under the jurisdiction of The Surat Municipal

The Surat Municipal Corporation reserves the right to increase or decrease

the scope of work and split the tender in two or more parts without

assigning any reason even after the award of contract.

 EMD & Tender fee shall be submitted in electronic format only

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

submission shall mean that EMD & tender fee are received for purpose

of opening the bid. Accordingly, offer/tenders of those tenderers

whose EMD & Tender fee is received electronically, shall be opened.

However, for the purpose of realization of EMD and Tender fee,

bidder shall send the EMD as well as the Tender fee in required

format in original through RPAD/speed post so as to reach to Account

department (Main Office) within stipulated date as mentioned in

tender notice for the submission of tender FEE & EMD. Punitive

action shall be initiated for non submission of EMD & Tender fees in

original to Account Department (Main Office) by bidder including

abeyance of registration & cancellation of E-Tendering code for one

year. All documents in supporting of bid shall be in electronic

format only through online (By scanning) during the bidding period &

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 notarised with clearly displaying stamp,

number and name of the notary.

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

Municipal Corporation by all bidders."

 Earnest money Deposit as mentioned in the tender. (i.e. D.D.)

 Tender Fees as mentioned in the tender.

 Errata, Addenda, Corrigendum if any.

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

Signature of the Contractor

Executive Engineer

West Zone (Rander)

Surat Municipal Corporation

ANNEXURE-I TO II FOR PRE-QUALIFICATION

TO BE FILLED IN BY TENDERER

Performa for list of works of similar nature already completed by the

Tenderer during last 7 years.

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

No. Place Completion in months completion

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

completion certificate, experience shall not be considered for evaluation.

If completion certificate covers "Similar work (as per IT-04) with other

work" then bidders shall have to submit copied of final bill indicating

similar work or certificate of amount including "Similar work" from

relevant authority.

Please Fill above details attached separate sheet.

Signature of the Contractor

Performa for declaration regarding work on hand with the tender:

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

work Cost Issue of period of of work details client

with work completion done of delay

place order if any

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

Signature of the Contractor

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

to the month in which tender are invited.

Please Fill above details attached separate sheet.

SURAT MUNICIPAL CORPORATION

WEST ZONE (RANDER)

2. CONTRACTOR TO PLEASE READ THIS CAREFULLY

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

favour of the person who may have signed the tender for the company,

must accompany the tender.

(2) Solvency certificate of current year from Bank or a Revenue Officer of an

amount up to 20% of the Estimated 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

(4) In view of the latest circular of IT Department IT clearance certificate

is not required. However the contractor shall give photo copy of the PAN

card. Also provide GST Number and necessary documents as per Government

(5) Copies of certificate as regards previous experience, if any must

accompany the tender.

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

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

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

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

(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

(b) In the event of and 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 corrected.

(d) Any rounding of amounts against items' 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

(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 completed 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) thereof.

(11) In addition to the above the tender will also be liable to

rejected outright if :-

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

time allowed for 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

(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 along with 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 along with the tender.

(13) (1) The several documents for signing 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

(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) Scheudule-B of the tender form.

(ii ) Drawings.

(iii) Specifications.

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

should issue further instructions direction in what manner the work is to

be carried out it being understood that the best modern practice is to

followed. The contractor should forthwith comply with such instructions.

(3) The contractor should taken no advantage of any apparent error or omission

in drawings or specification and the Engineer in charge shall make such

corrections and interpretation as necessary to fulfill the intent of the

Plans and specifications.

(4) No with standing that all proper precautions may have been taken by

contractor at all the times during the progress of the work, the

contract shall be held responsible for all damages whether to the work

under execution or to any other property or to lives of persons

during the progress of the work and the period of maintenance.

(5) Plans are for rough guidance only when detailed plans are received

from the Architect of corporation during the course of execution the

same will supersede previous plans

14. The contractor should appoint a qualified engineer and he must remain

present on site during working hours.

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

each item. Tenderer shall have to execute the concerned work/item as per

the site condition and payment shall be made accordingly as per the actual

measurement of the particular item.

Signature of the Contractor

EXECUTIVE ENGINEER

WEST ZONE (RANDER)

SURAT MUNICIPAL CORPORATION

3. 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 accordingly.

Signature of Contractor

EXECUTIVE ENGINEER

WEST ZONE (RANDER)

SURAT MUNICIPAL CORPORATION

4. 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 INVITATIONS TO TENDER:

The Surat Municipal Corporation hereinafter referred to as the Corporation will

receive tenders for the Providing and Applying Hot Thermo Plastic road

marking paint and floor marking with glass beads on various T.P. roads

of Pal , Adajan gam and Adajan Patiya Depot area in West Zone (Rander)

area of Surat Municipal Corporation.(WORK NO.14) as per the specifications

in the tender documents. The tenders shall be opened in presence of opening

authority Surat in the presence of tenderers or their representatives who are

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

all tenders or part of it which in the opinion of the Corporation does not

appear to be in its best interest, and the tenderer shall have no cause of

action or claim against the corporation or its officers, employees, successors

or assignees for rejection of his tender.

IT-03 LANGUAGE OF TENDER:

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

also be in English, Information in any other language shall be accompanies by

its translation in English. Failure to comply with this may make the tender

liable to reject.

IT-04 QUALIFICATIONS OF TENDERERS: - APPLICABLE ONLY FOR ESTIMATED/TENDER AMOUNT

MORE THAN 50.00 LACS

Tenderer shall be required to submit the enlisted documents along with Technical

Bid, E.M.D. and tender fees. If documents are insufficient or it does not match

the required criteria mentioned below, then the Price Bid of the tenderer shall

Mainly tenderer shall fulfill following the pre-qualification.

(a) Experience of having successfully completed similar works during last

years either of the following:

(1a) Three similar completed works, each costing not less than amount equal to

40% of the estimated cost.

(2a) Two similar completed works, each costing not less the amount equal to 50%

of the estimated cost.

(3a) One similar completed works, each costing not less the amount equal to 80%

of the estimated cost.

Definition of "Similar work" means work done of the thermoplastic paint

only from the overall work done of the awarded and completed

Work/Project. The tenderer shall furnish the details accordingly.

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

should be at least 30% of Estimated Cost. An attested copy of annual turnover

for last 3 years should be enclosed.

(c) Solvency certificate for current year (i.e. 2026-27) 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.

(d) An attested copy of registration with MES, Various department of State

Govt., Surat Municipal Corporation, CPWD etc.

(e) List of the works already complete last years in prescribed

Performa as per Annexure-I and attested copies of certificates from head of

the office concerned for completion of the works.

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

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

Financial Year Multiplying factor

Three (2023-24)

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

executed in Annexure-I without accounting for the above mentioned factors.

(f) Declaration regarding the work on hand with the tender should also be

given in prescribed Performa as per Annexure-II. Attested copies of work orders,

interim certificates if any shall also be attach as supporting documents.

(g) Attested cost of partnership deed, power of attorney etc.

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 EXAMINATIONS BY TENDERERS:

A. At his own expenses and prior to submitting his tender, each tenderer

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

conditions which may affect the work including the prevailing wages and other

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

local laws, ordinance, rules, regulations and codes affecting the material

supply including the cost of permits and licenses required for the work and (d)

correlate his observations, investigations, and determinations with the

requirements of the Tender Documents.

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

increase or decrease in quantity will not entitle tenderer to claim any extra

over the quoted rate.

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

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

the stipulated date, which shall form the Tender.

The Tenderer is required to complete:

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.1,24,000/- The tenderer shall pay Earnest Money Deposit to be deposited by

demand draft issued in favour of Commissioner, Surat Municipal Corporation,

Surat through Nationalized/Schedule Bank payable at Surat 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 rejected.

The instruments for Earnest Money Deposit shall be issued by or payable/

encashable at Surat Branch of the said nationalized bank.

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

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

the Performance Guarantee Bond to the owner as stipulated in this tender

documents within ten days after receipt of notice of award of contract. In

such case owner may disqualify the tenderer from tendering for further

works, under the jurisdictions of the Corporation (S.M.C.).

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

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

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

“Demand draft for EMD & Tender fee shall be submitted in electronic format only

trough online (by scanning) while uploading the bid. This submission shall mean

that EMD & Tender fee are received for purpose of opening of the bid.

Accordingly offer of those shall be opened whose EMD & Tender fee is received

electronically. However for the realization of D.D. bidder shall send the D.D.

in original through RPAD/ Speed Post so as to reach Account Department (Main

Office) within stipulated time mentioned in tender. Punitive action for not

submitting D.D. in original to Account Department (Main Office) by bidder shall

be initiated and action shall be taken for abeyance of registration and

cancellation of E- tendering code for One Year. Any Documents in supporting of

bid shall be in Electronic format only trough online (by scanning) & hard copy

will not be accepted separately.”

IT-08 INCOME TAX CLEARANCE CERTIFICATE:

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

required. However the contractor shall give attested photo copy of the PAN card

and a copy of last three years income tax return.

IT-09 PREPARATIONS 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 were so

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

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

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

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

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

shall be dated.

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

affixed to the Tender Document in the space available and duly signed and

stamped. Such variations may be approved or refused by the Engineer at the time

of adjudications of Tenders, and in either case the Engineer is not obliged to

give reasons for his decisions.

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

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

all four parts of the tender.

 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 as per IT-10 below so as to reach to Chief Accountant, SMC within

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

Penaltative action will be taken for not submitting original Demand Draft

in the account department of Surat Municipal Corporation within 7 days from the

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

Sr. Tender Amount Penalty Amount in

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

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

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

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

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

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

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

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

registration and cancellation of E-tendering code for 06 (six) months.

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

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

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

black and white or gray shall not be acceptable.

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

name of the notary.

IT-10 SUBMISSION OF TENDER DOCUMENT:-

1. Following documents shall be submitted in Electronic format only trough

online (by scanning) to Surat Municipal Corporation:

 All necessary documents mentioned in Technical bid (if any).

 Earnest Money Deposit as mentioned in the Tender.

 Errata, Addenda, Corrigendum (if any) duly signed by Contractor.

Technical bid and price bid are not to be submitted in physical

form. Please note that non submission of Technical Bid as well as

price bid 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.

(i) PHYSICAL COVER :

EMD and Tender Fees for the work of Providing and Applying Hot

Thermo Plastic road marking paint and floor marking with glass

beads on various T.P. roads of Pal , Adajan gam and Adajn Patiya

Depot area in West Zone (Rander) area of Surat Municipal

Corporation.(WORK NO.14) along with other Documents in Hard Copy on or

before 16/10/2026 up to 17.00 hrs. Also mention the name of tenderer,

address, tender notice number etc. on the cover.

The name of workto be written on cover shall be work of Providing and

Applying Hot Thermo Plastic road marking paint and floor marking

with glass beads on various T.P. roads of Pal , Adajan gam and

Adajn Patiya Depot area in West Zone (Rander) area of Surat

Municipal Corporation.(WORK NO.14) 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, Tapi Bhavan,

Tapipura, Surat – 395

Providing and Applying Hot Thermo Plastic

Price bid for the work of

road marking paint and floor marking with glass beads on various

T.P. roads of Pal , Adajan gam and Adajn Patiya Depot area in West

Zone (Rander) area of Surat Municipal Corporation.(WORK NO.14) shall

be submitted online.

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

below in Cover-1. If necessary document founds insufficient then the Price

Bid of the tenderer shall not be opened.

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

Rs.1,24,000/- The tenderer will pay Earnest Money Deposit by Demand

Draft issued in favour of "Commissioner, Surat Municipal

Corporation, Surat" by Nationalized Bank. In the form of Demand

(b) A covering letter detailing various considerations considered in

tender shall invariably be given.

(c) Passport size photographs of all the partners (in case of

partnership firm) to be fixed on relevant Page of the tender

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

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

with their names, qualifications and experience.

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

regarding Income tax circle of the district in which he is assessed

for income tax with PAN No.

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

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

and specifications of the work to be done and of conditions and nature

of required quantities of materials stores, tools and plants etc. that may

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

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

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

5. E.M.D., Tender Fee and other necessary document in Hard Copy to the

"Chief Accountant, Surat Municipal Corporation, Tapi Bhavan, Tapipura,

Surat - 395 003. on or before 20/12/2025 upto 17.00 hrs. The same will be

probably opened on the 12/12/2025 at 10.00 hrs. (ON LINE) on wards 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 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 attached the document mentioned.

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.

12. Does not submit all the addenda, corrigendum duly signed in hard

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

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

by the contractor.

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

conditions laid down in this notice and tender documents failing which

the tender is liable for rejection.

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

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

of Surat Municipal Corporation who does not bind himself to accept the

lowest and reserves the right to accept or to reject any or all

quotations/tenders and no reasons will be given for acceptance or

rejection thereof.

12. The contractor shall also attach list of machineries, tools, plants,

equipments which he propose to deploy for this work.

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

shall be payable by the Contractor.

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

formal agreement is not signed.

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

of the concerned department, Surat Municipal Corporation, Surat.

16. Item may vary with regards their quantities of necessities arise.

17. Every partner of the firm shall have to sign the tender documents

otherwise the same will not be considered.

18. If found necessary, the contractor may carry out the work in addition to

the specified hour, with the written permission of Executive Engineer, but

in that case, overtime to be paid to the staff engaged on site shall be

borne by the Contractor.

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

Municipal Corporation after placing the work order for the said work from

20. The successful tenderer may be required to furnish surety in accordance

with IT-28 on stamp paper.

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

22. 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.

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

24. 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) Calendar day from the date of opening of price bid

and that the tenderer shall not be allowed to withdraw or modify the

tender offer on his own during the validity period. The tenderer will not

be allowed to withdraw the tender or make any modifications or additions

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

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

to reject the tender and forfeit the Earnest Money Deposit in full.

IT-12. SIGNING OF TENDER DOCUMENTS:

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

name above his current address. If he tender is made by a Proprietary firm

it shall be signed by the proprietor above his name and the name of his

firm with his current address.

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

the partners of the firm above their full names and current addresses, or

by a partner holding the power of attorney for the firm signing the

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

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

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

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

shall be by a duly authorized person holding the power of attorney for

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

shall accompany the Tender. Such limited company or Corporation may be

required to furnished satisfactory evidence of its existence before the

contract is award. All witnesses and sureties shall be persons of status

and probity and their full names, occupations and addresses shall be

stated below their signatures. All signatures in the Tender document shall

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 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

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

changed requirements. Such addenda may modify previously issued

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

IT-18. TAXES AND DUTIES ON MATERIAL:

All charges on account of Octroi, terminal tax or Sales tax etc. and other

duties on material obtain for the works from any source shall be borne by

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

IT-19. EVALUATION OF TENDERS: DELETED

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

tenderers 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, tenderers and their representative or

other interested parties are advised to refrain from connecting by any

means Municipal Corporation or representatives on matters related to the

tenders under study. The Engineer's representative if necessary will

obtain clarification on tenders by requesting information from any or all

the tenderers either in writing or through personal contact, as may be

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

his tender after price submission. Non-compliance with this provision

shall make the tender liable for rejection.

IT-22. PRICES AND PAYMENTS:

The tenderer must understand clearly that the price quoted are for the

total works or the part of the total works quoted for and include all

costs due to materials labour, equipment, supervisions, other services,

royalties and Octroi etc. and to include all extras to cover the cost. No

claim for additional payment beyond the prices quoted will be entertained

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

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

IT-23. PAYMENT TERMS:

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

The Municipal Corporation shall not under any circumstances relax, their

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

Tenderers should therefore in their own interest note this provision to

avoid rejection of their tenders.

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

Tender validity period stated in the Notice Inviting Tenders.

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

is issued, the successful Tenderer shall execute the Contract Agreement

within the time stated in the Notice Inviting Tenders and shall furnish

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

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

included in the contract 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 to do so.

IT-25. SIGNING OF CONTRACT:

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

execute the contract within 10 days of receipt of intimation to execute

the contract, failing which the Municipal Corporation will be entitled to

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

the contract document shall be person detailed in Article IT-12.

IT-26. DISQUALIFICATION:

A. Tender shall be disqualified and will not be taken for consideration

(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

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.

B. 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) & RETENTION MONEY :

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

furnish a performance guarantee (Security Deposit) for amount equal to

Two percent (2%) of the contract price to guarantee the faithful

performance completion and maintenance of the works of the contract in

accordance with all the conditions and terms specified herein and to the

satisfaction of the Engineer and ensuring the discharge of all obligations

arising from the execution of contract, in one of the forms mentioned

(1) For the works up to Rs. 2.00 crores

(a) Initial Security Deposit of 2%, (Released after completion of both

final bill as well as defect liability period)

(b) 2% Retention money deposit to be deducted from running bills (Released

with final bills)

(c) 5% retention money deducted from running bills. (Released with final

Note: 2% Initial Security deposit shall be deposited in the form of

Cash/DD/Pay order only.

(2) For the works above Rs. 2.00 crores

If the initial security deposited If the initial security deposit (2%)

(2%) in the form of bank guarantee in cash/D.D/F.D.R/Pay order

(a) (2%) The initial security deposit (a) (2%) The initial security deposit

shall be released with final bill. shall be released after completion of

both final bill as well as defect

liability period.

(b) The security deposit (2%) (b) The S.D. (2%) deducted from

deducted from running bill shall be running bill shall be released with

released after completion of both final bill.

final bill as well as defect

liability period.

(c) 5% Retention money deducted from (c) 5% Retention money deducted from

running bills shall be released with running bills shall be released with

final bill. final bill.

(i) Security deposit shall be paid in time and if it is paid after ten (10)

days from the date of preliminary work order then the penalty of 0.065 % per

day of the amount of security deposit shall be recovered from the contractor

while receiving the security deposit. On due performance and completion of

the contract in all respects, the performance guarantee (security deposit)

will be returned to the contractor after the defect liability period and on

completion of audit related procedure. It is clarified that the amount of

security deposit shall be collected on the basis of Contract Price and not on

the basis of estimated amount put to tender. As initial Security Deposit Two

percent (2%) of the tendered amount accepted by the competent authority shall

have to be paid towards security deposit at the time of execution of

agreement. This will be known as initial security deposit which will be

released after the total completion of contract after payment of final bill.

(ii) The Tenderer shall place Tender Deposit/Earnest Money Deposit by Demand

Draft or pay order drawn on any Nationalized /Scheduled Bank situated

in Surat favouring "Commissioner" Surat Municipal Corporation and payable

at Surat only. The Tender Deposit/Earnest money deposit in any other form

shall not be accepted and in that case the tender shall be liable for

rejection without assigning any reason what so ever for such rejection.

(iii) On awarding the contract : The Awardee/Contractor/Supplier shall place

security deposit at such rate of the consideration of contract as the

authority may specifically require to place which shall not be in any form

other than in CASH, Demand Draft or Fixed Deposit of any branch of

Nationalized/Scheduled Bank having its branch at Surat. The fixed deposit

so placed as Security measure for due performance of the contract should

be strictly in the name of Commissioner, Surat Municipal Corporation

only. The Security so placed shall be liable for forfeiture for violation or

breach of any clause or clauses of the contract without assigning any reason

whatsoever for such forfeiture. Where the tenderer desires to place the

Security Deposit in form of fixed deposit receipt of any Scheduled Bank

outside Surat City, the Account of the same shall have to be transferred by

him to any of its branch at Surat. So as to make the amount of such FDR

encashable and payable at the branches of any Scheduled Bank situated at

(iv) No interest shall be paid on Tender Deposit/Earnest Money Deposit or

Security Deposit placed in Cash/D.D. at any time by the Surat Municipal

Corporation (The Contractee). Similarly, if the Awardee/Contractor/ Supplier

desire to place Security Deposit in the form of Fixed Deposit as above, the

same shall be strictly for minimum period of two years or entire contractual

liability period whichever is less. In case when the contract period is

for more than two years, the Security Deposit to be placed in the form of

Fixed Deposit as above shall be initially for a period of not less than two

years and the Corporation will renew fixed deposit receipt or reinvest the

amount thereof alongwith the interest accrued thereon for the remaining

period of the contractual liability. In any other case, the Corporation

will not and does not undertake responsibility to renew the Fixed Deposit

Receipt or reinvest the amount thereof nor will it should any responsibility

to collect and disburse interest accrued during the contractual

liability period. Any loss that might cause due to non renewal or such Fixed

Deposit Receipt(s) shall solely lie with the concerned

Awardee/Contractor/Supplier.

(v) If there is increase in amount of work more than 5% of the contract

value, the additional S.D. should be recovered from the running bill.

When the total amount of work done by the Contractor upto running bills

When the total amount of work done by the Contractor upto 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

rounded of 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 amount.

(vi) In many cases, the contractors are stopping the work half- way due to

number of reasons 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 finalizing the

tender etc. shall be repeated. In such cases a fixed amount of Rs.1000/-

should be recovered from the original contractor towards the cost of

advertisement and other administrative charges incurred by the department

in finalizing 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.

IT-28. STAMP DUTY:

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

judicial stamp paper of Gujarat State of necessary amount as per the form

of the agreement approved by the Municipal Corporation, Surat with

required Surety and Undertaking.

IT-29. BRAND NAMES:

Specific references in the specifications to any materials by tender's

name, or catalogue number shall be construed as establishing a standard or

quality and performance and not as limiting competition and the tenderer

in such cases, may at their option freely use any other product, provided

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

and meets Municipal Corporation approval.

IT-30. NON-TRANSFERABLE:

Tender documents are not transferable.

IT-31. COST OF TENDERING:

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

IT-32. DEFECT OF TENDER:

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

days from the date of receipt of the tenders for this work and that the

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

during the period. If any tenderer withdraws or makes any modifications or

additions in the terms and conditions on his own, then the Municipal

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

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

IT-33. CHANGE IN A QUANTITY:

The Surat Municipal Corporation reserves the right to waive any

informality in any tender and to reject one or all tenders without

assigning any reasons for such rejections and also to very to quantities

of items or group as specified in the Schedule of price as may be

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

of quantities shall not be entertained.

IT-34. NEW EQUIPMENT AND MATERIAL:

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

originally coming from manufacturer's plant to the Corporation. The

rebuilt or overhauled equipment/materials will not be allowed to be used

IT-35. RIGHTS RESERVED:

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

informality or irregularity in any tender without assigning any reasons.

The SMC further reserves the right to withhold issuance of the notice to

proceed, after execution of the contract agreement, for the period of

time stated in the notice inviting tenders and no additional payment will

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

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

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

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

after the award of contract.

IT-37. No 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 backfilling the trenches shall have to

be removed from the site as directed.

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

then contractor has to bring the same to the required quantity in order to

meet shortfall at his own cost. Moreover, if any settlement of road after

reinstatement is observed during the defect liability period of the work.

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

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

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

depression / settlement in time, corporation will repair it at all risk

and cost of contractor.

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

the public or SMC.

GST CLAUSE FOR CONSTRUCTION / ERECTION / COMMISSIONING /

INSTALLATION / REPAIRS / MAINTENANCE / RENOVATION / FABRICATION OF

STRUCTURE INCLUDING BUILDING (MEANS ALL WORKS CONTRACT / TURN KEY PROJECTS

/ SUPPLY OF MATERIAL / GOODS)

GST (Goods & Service Tax) has come in existence from 1st July,

Contractor / Successful Bidder is bound to pay any amount of GST

prescribed by the Govt. of India as per the Terms of Contract agreed upon

during the course of execution of this Contract.

During the course of execution of Contract, if there is any change

in Rate of GST (Goods & Service Tax) by the Government, the same shall be

reimbursed / recovered separately by SMC, subject to the submission of

Original Receipt / Proof for the amounts actually remitted by the

Successful Tenderer / Contractor to the Competent Authority along with a

Certificate from Chartered Accountant of Contractor / Successful Bidder

certifying that the amount of GST paid to the Government and the same

shall be intimated / submitted / claimed within 30 (Thirty) Days from the

date of payment. Remittance of GST within stipulated Period shall be the

sole responsibility of the Successful Bidder / Contractor, failing which,

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

decision of Municipal Commissioner shall be final and binding on the

Contractor / Successful Bidder in this regard. Further, the non-payment of

GST to the Government may lead to the termination of contract and

forfeiture of Security Deposit / Performance Guarantee Amount.

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

other incidentals etc. or any increase in the existing Taxes / Duties /

Levies / Cess or any other incidentals etc. (Excluding GST) are imposed

during the course of the contract, the same shall be borne by the

Contractor / Successful Bidder only, in no case SMC shall be liable for

The Contractor will submit the invoice to the SMC having GSTIN of

SMC mentioned therein and the taxes shall be shown separately on the face

of the Invoice so as to claim as ITC by SMC.

Note :- The Rates mentioned in BOQ/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.

SIGNATURE OF THE CONTRACTOR.

EXECUTIVE ENGINEER

WEST ZONE (RANDER0

SURAT MUNICIPAL CORPORATION

SURAT MUNICIPAL CORPORATION

PERCENTAGE RATE TENDER & CONTRACT FOR WORKS

a. 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 Posted on a board hung up in the Municipal

Office and signed by the authorized officer of SMC or shall be notified in

This form will state the work to be carried out, as well as the

date for submitting and opening tenders, and the time allowed for

carrying out the work; also the amount of earnest money to be

deposited with the tender, and the amount of the security deposit to be

deposited 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 ground rents & water-charges will be granted.

Copies of the specifications, designs drawings and estimated rates;

schedule rates and any other documents required in connection with the

work which will be signed by the Engineer-in-charge for the purpose of

identification shall also be opened for inspection by contractors at

the office of the Engineer-in-charge during office hours.

Where the works are proposed to be executed according to the

specifications recommended by a contractor and approved by a

competent authority on behalf of the Surat Municipal Corporation such

specification with designs and drawings shall form part of the accepted

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

by each partner thereof, and in the event of the absence of any partner,

it shall be signed on his behalf by a person holding a power of attorney

authorising him to do so.

(3) Receipt for payments made on account of any work when executed by a firm,

should also be signed by all the partners, except where the contractors

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 person having authority to give effectual receipt for the

(4) Any person who submits a 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 each item of the work. Tenders

which propose any alteration 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 sort, will be liable to

rejection. No single tender shall include more than one work, but

contractors who wish to tender for two or more works shall submit a

separate tender for each. Tenders shall have the name and the

number of the works to which they refer written outside the envelope.

(5) The Commissioner or his duly authorised Assistant will open present at

the time, and will enter the amounts of the several tenders in a

comparative statement in suitable form. In the event of a tender being

accepted, the contractors shall there upon for the purpose of

identification sign copies of the specifications and other

documents mentioned in Rule.1. In the event of a tender being rejected

the deposit will be refundable on application.

(6) The Municipal Corporation shall have the right of rejecting all or of the

tenders without assigning any reason.

(7) No receipt for any payment alleged to have been made by a

contractor regard to any matter relating to this tender or the

contract shall be valid and binding on Municipal Corporation unless it

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 Municipal Corporation and their rates

shall be filled in and completed by the office of the Engineer-in-

charge before the tender form is issued. If a form issued to an

intending tenderer has not been so filled in and completed, he

shall request the said office to have this done before he

completes and delivers his tender.

(9) All work shall be measured net by standard measure and according to the

rules and custom of the Municipal Department of Surat Municipal

Corporation without reference to any local custom.

(10) Under no circumstances shall any contractor be entitled to claim enhanced

rates for any items in this contract.

(11) Every contractor shall, if so desired by the Commissioner, produce

along with his tender a banker's certificate of his financial stability.

If he fails to produce such a certificate his tender will not be

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

(13) The measurements of work will be taken according to the usual method

in use in the Public Works Department of Govt. of Gujarat and no

proposals to adopts alternative methods will be accepted. The

Commissioner's decision at to what the usual method in use in the

Public Works Department will be final

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

Security Deposit.

(15) The contractor shall have to attach to his tender Income Tax

Clearance Certificate to be obtained from the Income Tax Officer.

(16) The Contractor will have to construct a shed for storing control and

valuable materials issued to him under Schedule-`A' of the agreement

at work site having double locking arrangement. The materials will

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

materials will be allowed to be removed from the site of work except with

the written permission from Engineer- in-charge.

(17) No foreign exchange will be released by the Corporation for the purpose

of plant and machineries required for the execution of the work contracted

(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

calender months, the monthly returns in the prescribed forms as to

the receipt and actual use of the controlled materials during the

(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 employee only such labour-er who shall produce a

valid certificate of having been vaccinated against small pox within a

period of last 3 years.

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

with the tender without which the tender will not be considered.

(22) Every partner of the firm shall have to sing the tender documents,

otherwise the same will not be accepted.

(24) Performance Guidelines :

For the due performance of the work and safety of the people around and to

ensure quality work the following performance guidelines is given to the

contractars which shall be strictly followed :

(I) Boards indicating “Caution-Work in Progress” shall be invariably

displayed at site, the boards shall be of enough size so as to be

visible and readable from a distance for night time, refective type

boards are from a distance for night time, refective type boards are

advisable : or proper lighting of the site shall be done to avoid

(25) 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.

(26) "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.

SIGNATURE OF THE CONTRACTOR

Executive Engineer

West Zone (Rander)

Surat Municipal Corporation

TENDER FOR WORKS

I/We hereby tender for the execution for the Surat Municipal

Corporation ( herein beforeand after referred to as " Municipal Corporation ")

of the work specified in the memorandum within the time specified in such

memorandum at the tendered rates specified in schedule-B (memorandum showing

items of work to be carried out) and in accordance in all respects with the

specification, designs,drawings, and instructions in writing referred

to the annexed general conditions of contract and agree that when materials

for the work are provided by Municipal Corporation such material and the rates

to be paid for them shall be as provided in schedule-A hereto.

Should this tender be accepted I/We hereby agree to abide by and fulfill all

the terms & provisions of the conditions of contract annexed hereto so far

as applicable, & in default thereof to forfeit & pay to Municipal

Corporation in office the sums of money mentioned in the said conditions.

* Receipt No.___________dated_______________from Amount to be

Municipal Corporation in respect of the sum of specified in

Rs._________________/A crossed order cheque word & figures

of Rs.____________No._________Dated__________on the

in favour of the Commissioner, Surat Municipal Strike out (a)if

Corporation is herewith forwarded representing the no cash security

earnest money the full value of which is to be deposit is to be

absolutely forfeited to Municipal Corporation taken

should I/We not deposit the full amount of security

deposit specified in the Memorandum, in accordance

with GC-10 of the said conditions.

Contractor : Signature of the

Contractor before

Address : submission of

Dated the day of

(Address) Signature of

(Occupation) contractor's

The above tender is hereby accepted by me on

behalf of the Surat Municipal Corporation.

Add.City Engineer

SURAT MUNICIPAL CORPORATION Signature of the

officer by whom

6. 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/Deputy Municipal Commissioner/City Engineer/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 assignees.

1.3 The "Engineer-in-charge" shall mean the person designated as such by

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

authorised by the Municipal Corporation to act for and on its behalf for the

operation of this contract.

1.4 "Engineer - in - charge's Representative" shall mean any Engineer or

Asstt. to the Engineer-in-charge designated from time to time by the

Engineer-in-charge to perform duties set forth in the Tender documents whose

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

1.5 "Tender" The offer or proposal of the Tenderer submitted in the

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

details thereof.

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

under the contract documents.

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

of tender which modify or interpret the contract documents.

1.8 "Contract Time" - The number of consecutive calendar months for the

completion of work as stated in the executed contract agreement.

1.9 "Contract" shall mean agreements between the parties for the execution

of works including therein all contract documents.

1.10 "Tender document" shall mean Designs, Drawings, specifications, agreed

variations, if any, and such other documents constituting the tender and

acceptance thereof.

1.11 "The Sub-Contractor" means any person, firm or company (other than

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

Contractor with the written consent of the Engineer-in-charge and the legal

personnel representative, successors and permitted assignees 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) there under. It shall also mean the

latest Indian Standards Institution Specifications for or relative to the

particular work or part there of, so far as they are not contrary to the

Tender specifications or I.S.I. specifications, and in absence of any

tender specifications, the specifications of any other country applied in

India as a matter of Standard Engineering practice and approoved in

writing by the Engineer-in-charge with or without modifications.

1.13 The "Drawing" shall include maps, plans, tracings or prints thereof with

any modifications approved in writing by the Engineer-in-charge and such other

drawings, as may, from time to time, be furnished or approved in writing by

the Engineer-in-charge in connection with the work.

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

with the context or the part thereof as the case may be and shall include

extra, additional altered or substituted works as required for the

purpose of the Contract. It shall mean the totally of the work by

expression or implication envisaged in the contract and shall include all

material, equipment and labour required for or relative or incidental to or

in connection with the commencement, performance and completion of any work

and/or for incorporation in the work.

1.15 The "Permanent work" means works which will be incorporation in and form

part of the work to be handed over to the owner by the contractor on

completion of the contract.

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

required in or about the execution, completion and maintenance 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/equipments of whatever

nature required in or for execution, completion or maintenance of work or

temporary works (as hereinafter defined) but does not include materials or

other things intended to form or forming part of the permanent work.

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

or printed form delivered personally or sent by Registered post to the

latest know private of business address at Registered Office of the

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

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 from actual

date of completion of work or as decided by Engineer-In-Charge.

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

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 feminine 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 condone 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 endeavour to provide water to the

Contractor at the owner's source of supply at one point at the rate charged

for such works.

The contractor shall make his own arrangement for the 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

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

relieve the contractor of his responsibility in making his own

arrangements and for the timely completion of the work as stipulated.

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

LAND FOR CONTRACTOR'S FIELD OFFICE, GODOWN & WORKSHOP:

Owner will not be a position to provide land required for

Contractors shall have to make his own arrangement for the same. No land will

be provided by S.M..C. to the contractor for constructing his labour and

supervisory comp and other service facilities.

GC-04 RULLING LANGUAGE :

The language according to which the contractor shall be

constructed and interpreted shall be English. All entries in the contract

documents and all correspondence between the contractor and the

Municipal Corporation or the Engineer shall be in English. All dimensions for

the materials shall be given in metric units only.

GC-05 INTERPRETATION OF CONTRACT DOCUMENT :

1. The provisions of the General Conditions of Contract and special

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

contract unless specifically provided otherwise. Should there be any

discrepancy, inconsistency error or commission 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 corporated

companies/ registered associations / body of individual / firm of

5. Not withstanding the sub-divisions of the documents into separate

sections and volumes every part of each shall be supplementary to and

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

so far as it may be practicable to do so.

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

or ar 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

7. The materials, Design and Workmanship shall satisfy the relevant I.S.S.

and Codes referred to. If Additional requirements 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

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 worner either before or after the execution of the Contract

Agreement shall in any way effect or modify any of the terms of obligations

herein contained.

GC-06 CONTRACTOR TO UNDERSTAND HIMSELF FULLY ;

The contractor by tendering shall be deemed to have satisfied himself,

as to consideration and 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 commissions

in the particulars supplied by him. Whether such particulars have been

approved by the Engineer or not, provided that such discrepancies, errors or

commissions 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-19 thereof.

GC-09 DISCREPANCIES :

The drawings and specifications are to be considered as mutually

explanatory of each other, detailed drawings being followed in preference

to small scale drawings and figures dimension in preference to scale and

special conditions in preference to general conditions. Special direction or

dimensions given in the specifications shall supersede all else. Should any

discrepancies however, appear or should any misunderstanding arise as to

the meaning and intent of the said specifications or drawings, or as to the

dimensions or the quality of the materials or the due and proper execution of

the works, or as to the measurement or quality and valuation of the works

executed under this contract or as extra there upon the same shall be

explained by the Engineer-in-charge and his explanation shall subject to

the final decision of the Additional City Engineer, in case reference be

made to him, be binding upon the contractor shall execute the work according

to such explanation (subject to aforesaid) and without addition to or deduction

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

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

specifications, even though such works and things are not specially

shown and described in said specifications. In cases where not particular

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

relevant specifications of the Indian Standard Institution shall apply.

GC-10 PERFORMANCE GUARANTEE : (Security Deposit) : as per IT-27.

GC-11 INSPECTION OF WORK :

1. The Engineer in charge will have full power and authority to inspect the

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

contractor's any other manufacturers workshops or factories wherever situated

and the contractor shall afford for Engineer-in-charge every facility and

assistance to carry out such inspection. Contractor or his authorised

representative 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

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 (twelve) months

from actual date of completion of work or as decided by Engineer-In-Charge. 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 confirmity in every respect with the requirements of

contract and as per the instructions of the Engineer-in-charge.

3. If at any time before the work is taken over, the Engineer- in-charge shall

(a) Decide that any work done or materials used by the contractor

are defective or not in accordance with contract or that work of any

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

(all such materials being hereinafter called defects in this clause and (b)

as soon as reasonably practicable given to contractor notice in writing of the

said defect specifying particulars of the defects alleged to exist or to

have 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 readically changes the original nature of the

contract shall be ordered by the Engineer and in the event of any deviation

being ordered, which in the opinion of the contractor changes the original

nature of the contract, the shall nevertheless carry it out and any disagreement

as to the nature of the work & the rate to be paid thereof shall be resolved.The

time of completion of works, in the event of any deviations, resulting in

additional cost over the contract sum being ordered, then be extended or

reduced reasonable by the Engineer. The Engineer's decision in the case shall

be final and binding.

GC-14 PROGRAMME :

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

The contract period shall commence from date of Notice of intimation to proceed.

The tenderer at the time of submitting his tender shall indicate the

construction or pipeline schedule, the month-wise programme required for the

execution of the works and shall confirm the same within fourteen (14) days

of the acceptance of his Tender. The contractor shall provide to the

Engineer-in-charge a detailed programme of time schedule for execution of the

works in accordance with the specifications & the completion date. The

entire programme to be finalized by the Contractor has to confirm to the

execution period mentioned along with the Bill of Quantities in the Tender

Documents. The Engineer upon scrutiny of such submitted programme by contractor

shall examine suitability of it to the requirement of contract and suggest

modifications, if found necessary.

GC-15 SUBLETTING OF WORKS :

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

manner or degree be transferred, assigned or sublet by the contractor directly

or indirectly to any firm or Corporation whatsoever except as provided for

in the succeeding sub clause without the consent in writing of the owner.

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

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

of any part of the work at the site being entered upon by the contractors

provided each individuals contractor is submitted to the Engineer-in-charge

before being entered into and in approved by him. List of Sub-Contractors

is to be supplied. Not with standing any subletting with such approval as

aforesaid and not with standing the Engineer-in-charge shall have received

copies of any sub-contractors, the contractors shall be and shall remain

solely responsible for the quality and proper expeditions and execution of

the works and the performance of all the conditions of contract in all respects

as if such submitting or sub-contracting had not taken place and as if such work

had done directly by the Contractor.

GC-17 TIME FOR COMPLETION:

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

of contract is served with a notice to proceed with the work and shall

be completed before the date as mentioned in the time schedule of work. The

time is the essence of the contract and unless the same is extended as mentioned

in clause No. GC-18 (Extension of time) the contractor will be panalised for

2. The general time schedule for work is given in the tender document.

Contractor shall prepare a detailed weekly or monthly program of work in

consultation with Engineer-in-charge soon after the agreement and the work

shall be strictly executed accordingly. The time for as construction of road

given includes the time required for testing, rectification if any, retesting

and completion in all respects to the entire satisfaction of the Engineer- in-

GC-18 EXTENSION OF TIME :

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

failure of the Contractor to complete 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 (15) fifteen 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.

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 10% (ten 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 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 owner.

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

debiting contractor with the cost of labour employed and the cost of

materials supplied for which a certificate of the Engineer-in-charge shall

be final and conclusive against the contractor and 10% costs on above to cover

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

the same rates as if it has been carried out by the contractor under the

terms of his contract. The certificate of Engineer-in-charge as to the value

of the work done shall be final and conclusive against the contractor.

(c) To measure up the work of the contractor and to take such part hereof as

shall be unexecuted out of his hand to give it to another contractor to

complete. In this case the excess -expenditure incurred than what whole

have been paid to the original contractor, if the would work had been

executed by him, shall be earnest and paid by the original contractor and

shall be deducted from any money due to him by the owner under the contract

or otherwise and for the excess expenditure, the certificate of the Engineer-

in-charge shall be final and conclusive.

In the event any of the above course being adopted by the owner, the

contractor shall have no claim to compensation for any less sustained by him

by reason of his having purchased or procured any materials or entered

into any agree-ment so or made by advance on account of or with a view to

the execution of the work of the performance of the contract. In such case

the contractor shall not be entitled to recover or be paid by sum for any work

actually performed under this contract unless the Engineer-in-charge will

certify in writing the performance of such work and the value payable in

respect thereof and the shall only be entitled to be paid the value so

certified. In the event of the owner putting in force the powers as stated in

a, b, c, above vested in him under the preciding 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 equipments, materials, if, any, shall be issued and instructions for

work given. The contractor shall also provide to the satisfaction of

Engineer in-charge sufficient and qualified staff to superintend the

execution of the work, competent sub- agents, foremen and leading hands

including those specially qualified by previous expeditions to a supervise the

type of works comprised in the contract in such manner as will ensure work of

the best quality and expeditions working, it, in the opinion of the Engineer-

in-charge, additional properly qualified supervision staff is considered

necessary, if shall be employed by the contractor without additional charge

on account thereof. The contractor shall ensure to the satisfaction of the

Engineer- in-charge that sub - contractors, it any shall provide competent

and efficient supervision over the work entrusted to them.

2. If and whenever any of the contractor 's or sub-contractor agents, sub-

agents, assistance, 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 deployed 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 a qualified and competent substitute. Should the contractor be

required to repatriate any person removed from the works he shall do so and

shall bear all costs in connection therewith.

3. The contractor shall be responsible for the proper behavior of all the

staff, foremen, workmen and others shall exercise proper control over them and

in particular and without prejudice to the same. Generally, the contractor

shall be bound to prohibit and prevent any employee from trespassing or acting

in any way detrimental or prejudicial to the interest of the community or of

the properties or occupiers of land and properties in the neighborhood and

in the event of such employees so trespassing, the contractor shall be

responsible therefore and relieve the owner of all consequent claims,

actions for damages or injury or any other grounds whatsoever. The decision

of the Engineer-in- charge upon any matter arising under this clause

shall be final.

4. If and required by the owner, the contractor's personnel entering upon

the owner's premises shall be properly identified by badges of a type

acceptable to the S.M.C. which must be worn at all times on owner's premises.

GC-29 TERMINATION OF SUB-CONTRACTOR BY OWNER :

If any sub-contractor engaged upon the works at the site executes

any work which in the opinion of Engineer-in-charge is not in accordance

with the contract documents, the S.M.C. may be give written notice to the

contractor request his to terminate such sub-contract and the contractor upon

the receipt of such notice shall terminate such sub-contract and the letter

shall forthwith leave the works failing which the owner shall have the right

to remove such sub-contractors from the site.

No action taken by the owner under the above clause shall relieve

the contractor of his liabilities under the contract or give rise to any

right to compensation, extension of time or otherwise.

GC-30 POWER OF ENTRY :

If the contractor shall not commence the work in the manner

previously described in the contract documents or if he shall, at any time,

in the opinion of Engineer-in-charge.

(i) Fail to carry out works in conformity with the documents or

(ii) Fail to carry out the works in accordance with the time schedule.

(iii) Substantially suspend work or the works for a period of fourteen days

without authority from Engineer-in-charge or

(iv) Fail to carry out and execute the work to the satisfaction of the

Engineer- in-charge or

(v) Fail to supply sufficient or suitable 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 breached

of the contract for fourteen days after notice in writing shall have been

given to the contractor by the Engineer-in-charge requiring such breach to

(vii) Abandon the work or

(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 r evoke 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 & AGENCIES:

Without repugnance to any other condition, it shall be the

responsibility of the contractor executing the work of civil construction to

work in close co-operation and co-ordinate the work with other contractors or

their authorized representative and the contractor will put a joint scheme with

the concurrence of other contractors showing the arrangements for carrying his

portion of the work to the Engineer-in-charge and get the approval. The

Engineer-in-charge before approving the joint scheme will call the parties

concerned and modify the scheme if required. No claim will be entertained on

account of the above. The contractor shall conform in all respects

with the provisions of any statutory regulations, ordinances or 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 leveling, 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 authorized representative at the job site or may be served by registered

post direct to the official address of the contractor proof of issue of any

such notice could be conclusive of the contractor having been duly informed

of all contents therein.

GC-34 RIGHT OF VARIOUS INTERESTS :

The owner reserves the right to distribute the work between more than one

contractor. Contractor shall co-operate and afford reasonable opportunity to

other contractors for access to the works for the carriage and storage of

materials and execution of their works.

Wherever the work being done by any department of the owner or by other

contractor employed by the owner is contingent upon work covered by this

contract, the respective rights of the various interests shall be determined

by Engineer-in-charge to secure the completion of various portions of the work

in general harmony.

GC-35 PRICE ADJUSTMENT :

No adjustment in price shall be allowed as the time limit for completion

of the project is less 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 : As per IT-27.

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 judgment 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 judgment 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-49 (Termination of Contract), the

Municipal Corporation reserves the right to purchase upon such terms and in

such manner as it may deem appropriate, plant similar to that terminated and the

contractor will be liable to the Municipal Corporation for any additional

costs for such similar and / or for liquidated damaged for delay until such

reasonable time as may be required for the final completion of works.

3. If this contract is terminated as provided in this paragraph GC

- 30 (Power of entry) (1) the Municipal Corporation in addition to any

other rights provided in this clause, may require the Contractor to

transfer title and deliver to the Municipal Corporation under any of the

following cases in the manual and as directed by the Municipal Corporation.

(a) Any partially completed information and contract rights as the contractor

has specifically produced or acquired for the performance of the contract so

4. In the event the Municipal Corporation does not terminate the

contract as provided in the paragraph GC-49 (Termination of Contract) the

Contractor shall continue performance of the contract, in which case the shall

be liable to the Municipal Corporation for liquidated damages for delay

until the works are accepted.

GC-42 BANKRUPTCY :

If the Contractor shall become bank rupt or insolvent or have a receiving

order made against him, or compound with the creditors, or being the

Municipal Corporation commence to be wound up, not being a member's

Voluntary winding up for the purpose of amalgamation or reconstruction, or

carry on its business under a receiver for the benefit of his creditors or

any of them, the owner shall be at liberty to either (a) terminate the

contract forthwith by giving notice in writing to the contractor or to the

receiver or liquidator or to any person or 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

(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

GC-44 DECLARATION AGAINST WAIVER :

The condonation by the Municipal Corporation of any breach of brenches

by the stipulations and conditions contained in the contract shall in no way

prejudice or effect to the constructed as a waiver of the Municipal

Corporation rights, powers and 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 forths payment of a sum to the Municipal

Corporation arises out of or under this Contract against the contractor the

same may be deducted by the Municipal Corporation from any sum then due or which

at any time thereafter may become due to the contractor under this contract and

failing that under any other contract with the Municipal Corporation or from

any sum due to the contractor with the Municipal Corporation (which may be

available with Municipal Corporation), or from his retention money, or he

shall pay the claim on demand. The Municipal Corporation reserves the

right to carry out post payment audit and technical examination of the

final bill including all supporting vouchers, abstracts, etc.

The Municipal Corporation further reserves the right to enforce recovery

of any over payment when detected no withstanding the fact that the amount of

the final bill may be included by the Contractor.

It as a result of such audit and technical examination any over payment

is discovered in respect of any work done by the Contractor or alleged

to have been done by him under the contract, it shall be recovered by the

Municipal Corporation from the contractor by way of all the means prescribed

above or if any under payment is discovered by the Municipal

Corporation, any amount due to the contractor under this contract or under

payment may be adjusted against any amount then due or which may at any time

thereafter become due before payment is made to the contractor from him to

the Municipal Corporation on any other contract account whatsoever.

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 DISPUTES OF DIFFERENCE TO BE REFERRED TO :

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

GC-49 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

at its disposal 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

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-50 CHANGES IN CONSTITUTION :

Where the contractor is a partnership firm, the prior approval in

writing of the Municipal Commissioner shall be obtained any change is made

in the constitution of the firm. Where the contractor is an individual or

an undivided family business concern such approval as aforesaid shall like

wise be obtained before the contractor enters into any partnership

agreement whereunder the partnership firm would have the right to carry out the

works hereby undertaken by the contractor. If prior approval as aforesaid is

not obtained the contract shall be deemed to have been assigned in contravention

of Article thereof.

GC-51 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 Article.

If, at any time, there should be evidence of any lien or claim for which

owner might have become liable and which is chargeable to the contractor, the

owner shall have the right to retain out of any payment then due or

thereafter to become due an amount sufficient to completely indemnify the

owner against such lien or claim or if such lien or claim be valid the owner

may be or become due and payable to the contractor. If any lien or claims

remaining, unsettled after all payments are made, the contractor shall refund

or pay to the owner all money that the latter may be compelled to pay in

discharging such lien or claim including all cost and reasonable expenses.

GC-53 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-54 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

GC-55 WORK CLOSED ON SUNDAYS & HOLIDAYS & BETWEEN SUNSET AND SUNRISE:

No work shall be carried out on Sundays and Corporation Holidays and no

work shall be carried out between sunset and sunrise. Except with the

special permission of Engineer-in-charge in writing previously obtained and

with holding such permissions shall be no ground of complaint on the part

of contractor or cause for compensation to them. Working period shall be

maximum eight (8) hours per days.

GC-56 EXTRA SUPERVISION CHARGES TO BE BORNE BY CONTRACTOR :

Further to clause No. GC-55 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-57 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-58 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

____________________ Contractor Engineer-in-charge Drawings will be approved

within three (3) weeks of the receipt of the same by the Engineer-in-charge.

GC-59 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 masonary pillars. Each pillar shall have distance mark at

the centre for setting up the theodolite. The work shall not be started

unless the setting out is checked by Engineer-in-charge in writing but such

approval shall not relive the contractor of his responsibilities. The

contractor shall provide all materials, labour and other facilities necessary

for checking at his own cost.

Pillars bearing geodetic marks on site shall be protected by the

Contractor. On completion of the work the contractor shall submit the Geodetic

documents according to which the work has been carried out.

GC-60 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-61 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

2. The value of store materials supplied by the S.M.C. to the contract

shall be charged at rates shown in the contract document and in case any

other material not listed in the schedule of materials is supplied by the

S.M.C., the same shall be charged at cost price including carting and other

expenses inclurred in procuring the 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-62 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

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

e) The contractor should take the delivery of the materials issued by the

S.M.C. after satisfying himself that they are in good conditions. Once the

materials are issued, it will be the responsibility of the Contractor to keep

them in good condition and in safe custody. If the materials get damaged or if

they are stolen, it shall be the responsibility of the contractor to

replace them at his according to the instructions of the Engineer-in-charge.

f) For delay in supply or for non supply of materials to be supplied by

the S.M.C., on account of natural calamities, act of enemies, other

difficulties beyond the control of the S.M.C., the S.M.C. carries non-

responsibilities. In no case the contractor shall be entitled to claim any

compensation for loss suffered by him on this account.

g) None of the materials issued to the contractor, shall be used by the

Contractor for manufacturing items which can be obtained from manufacturer.

The materials issued by the owner shall be used for the work only and no other

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-63 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, iif required

by Engineer-in-charge, all surplus or unserviceable materials that may be left

with him after the completion of the contract or at its termination for any

reason whatsoever on his being paid or credited such prices as 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

GC-64 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-65 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-66 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 drawings and

specifications, the same shown in drawing shall be considered as final and will

be binding upon the contractor.

GC-67 SCHEDULE OF QUANTITIES AND EXTRA ITEMS :

A. Schedule of Quantities :

Variations in the quantities of work in schedule of quantities shall not

vitiate the contract. The rates quoted for the individual items shall

apply for the quantities of work increased or decreased by not more than

twenty percent for each of the items, should the quantities of work actually

involved under any item very by more than thirty percent (30%), 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)

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-68 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-

GC-69 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-70 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-71 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-

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-72 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

complained 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 re-execute 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-73 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 extention of time for completion

of work will be granted to the contractor corresponding to the delay

caused by such suspension of work if the applied for the same provided the

suspension was not consequent upon any default or failure on the part of the

GC-74 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,

should the total amount thereof exceed the amount due to contractor,

contractor shall pay the difference to S.M.C.

GC-75 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-76 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 ommission 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 workfor the issue of completion

certificate. & As per GC-84.

GC-77 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

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 occur

from any cause including orders of S.M.C. in the exercise of his power and no

account of extension of time granted due to various reasons.

6. For work under unit rate basis no alteration will be allowed in the

schedule of rates by reason of work or any part of them being field, altered

extended, diminished or omitted.

GC-78 PROCEDURE FOR MEASUREMENT OF WORK IN PROGRESS :

1. All measurements shall be in metric system. All the work in progress

will be jointly measured by the representative of Engineer-in-charge and

contractor's authorised agent. Such measurements will be got recorded in the

measurement book by the Engineer or his authorised representative and

signed by contractor or his authorised agent in token of acceptance. If the

contract or his authorised agent fails to be present when even required

by the Engineer-in-charge for taking measurements for any reasons whatsoever,

the measurement will be taken by the Engineer - in - charge or his

authorised representative not withstanding the absence of contract and these

measurement will be deemed to be correct and binding on contractor.

2. Contractor will submit a bill in approved proforma in duplicate to

the Engineer - in - charge of the work giving abstract and detailed

measurements of various items executed during a month as mutually agreed.

The Engineer-in-charge shall verify the bill and the claim, far as

admissible, adjusted if possible, within 10 days of presentation of the

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

imperishable 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

GC-79 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-80 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 specifed shall be an absolute

waiver thereof. No commission by S.M.C. to reject any such claim and no delay

in dealing therewith shall be waiver by S.M.C. of any rights in respect

GC-81 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-

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 unauthorised person.

GC-82 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

charge certificate of the measurement and of total amount payable for work

shall be finalised binding on all parties.

GC-83 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-84 COMPLETION CERTIFICATE :

1. When the contractor fulfill 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 along with 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 documents.

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

5. Final Certificate only Evidence of Completion :

Except the final certificate no other certificate or payments against a

certificate or an general account shall be taken to be an admission by owner of

the due performance of contract or any part thereof or of occupancy validity of

any claim by the contractor.

Also See GC-76.

GC-85 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 in force. 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.