Maintenance And Repairing Work Of Surat Castle Located At Chowk Bazaar, Surat.

BIDDING DOCUMENT – PERCENTAGE RATE CONTRACT

LAST DATE FOR ON LINE SUBMISSION OF TENDERS: 30/09/2026 UP TO 18.00 hrs. (IST)

LAST DATE & TIME OF PHYSICAL SUBMISSION: 09/10/2026 UP TO 18.00 hrs. (IST)

SEPTEMBER -2026

VOL -1 Technical Bid | SURAT MUNICIPAL CORPORATION

SURAT MUNICIPAL CORPORATION

Tender Notice (On line) No: AMC/HR/01/2026-27

Name of work : Maintenance And Repairing Work Of Surat Castle

Located At Chowk Bazaar, Surat.

BIDDING DOCUMENTS FOR PERCENTAGE RATE CONTRACT BID DOCUMENT

SECTION DESCRIPTION PAGE

- TENDER NOTICE

- INVITATION FOR BID (IFB)

I INSTRUCTIONS TO BIDDERS (ITB)

II(A) CONDITION OF PARTICULAR APPLICATION

II(B) MEMORANDUM

III QUALIFICATION INFORMATION FORMS

IV(A) GENERAL CONDITIONS OF CONTRACT

IV(B) SPECIAL CONDITIONS OF CONTRACT

V TECHNICAL SPECIFICATIONS

VI BILL OF QUANTITIES

VII STANDARD FORMSOF SECURITIES, FORMS OF

ACCEPTANCE AND FORM OF AGREEMENT

VIII CHECK LIST

VOL -1 Technical Bid | SURAT MUNICIPAL CORPORATION

Tender Notice (On line) No: AMC/HR/01/2026-27

On line tender consisting of Post-Qualification, Technical & Price Bid duly super scribed are

invited on https://smctender.nprocure.com and by Regd. Post/Speed Post through postal

authority only, so as to reach “Chief Accountant, Surat Municipal Corporation, Surat-395003.” on

or before the date mentioned below.

Tender Notice No. DMC/HR/01/2026-27

Organization Name Surat Municipal Corporation (SMC) Surat,Gujarat

Department Name Heritage Cell

Name of Work Maintenance And Repairing Work Of Surat Castle Located At Chowk Bazaar,

Tender Type On line Open – Percentage rate basis.

Bidder Nationality National Competitive Bidding (NCB)

Type of Contract Single Work

Bidding Currency Single- Indian National Rupees.

Joint Venture/ Not Allowed.

Schedule of E- Tender Downloading of Tender Documents Upto Dt.30/09/2026 up to 18:00 hrs. (IST).

Pre-Bid Queries Bidder shall have to post queries on Email

address [email protected] on

or before 22/09/2026 up to 18.00 hrs.

Last date and time of online Dt. 30/09/2026 Up to 18.00 hrs. (IST)

Physical submission of Tender fee, On all working days from 01/10/2026 to

EMD, affidavit, and Addenda 09/10/2026 From 11.00 Hrs. to 18.00 Hrs, at

Corrigendum if any. the office of “The Chief Accountant, Surat

Municipal Corporation, Tapi Bhawan, Tapi

pura, Surat by Speed Post/ RPAD only.” In

sealed cover duly super scribed with name of

work and tender notice no.

Opening of Technical Bid (Online) Dt.01/10/2026 after 11.00 Hrs (IST) onwards.

Tentative along with Eligibility and

Qualification Submissions documents.

Opening of Price Bid, (Online) INTIMATED LATER

Bid validity period 120 days. (After Price Bid Opening)

Project Completion 12 Months. (Excluding Monsoon)

Payment Details Document Fee Rs.1500/-+@18%GST = Rs.1770/- In form of

Account Payee Demand Draft payable in favour

VOL -1 Technical Bid |

of The Commissioner, Surat Municipal

Estimated Value Rs.

EMD (BID SECURITY) Rs.47,000.00

100 % in the form of Demand Draft or pay order

of nationalized / Scheduled bank only in favour

of Commissioner , Surat Municipal Corporation,

General Terms & Bidders who wish to participate in this E-Tender will have to procure valid digital

Conditions certificate as per information Technology Act 2000. Bidders can procure this certificate

from any of the Government approved certifying agency i.e. (n) Code Solution. Bidders

shall upload the tender documents after submitting the DD details for tender fees and

EMD details online. The Demand Draft toward Tender Document fees can be submitted

along with Earnest Money Deposit before the due date as specified above. This should be

as per details given online and it should be drawn before last date of the uploading of the

tender. The intending bidders shall have to submit the following documents along with

the EMD (BID SECURITY). The Bidder should submit all the forms electronically only.

I. The CD containing technical & financial details required for evaluation dully

digitally signed.

II. Power of attorney.

III. Company’s profile and certificate of registration of company under the law.

DOWNLOAD OF TENDER DOCUMENT :

The tender document for these work are available only in Electronic format which can be

downloaded free of cost by the bidder.

SUBMISSION OF TENDER

Bidder shall submit their offer in electronic format on above mentioned website on or

before the scheduled date and time as mentioned, after Digitally Signing the same. No

Price bid in physical form will be accepted and any such offer if received by SURAT

MUNICIPAL CORPORATION will be out rightly rejected. Bidders need not to submit

Technical Bid , P.Q. (i.e. Eligibility and Qualification Submission specified in clause

2&3 of ITB) documents in Hard Copy. Bidder shall have to submit separate account

payee DD for Tender Fee & EMD drawn in favour of Commissioner, Surat Municipal

Corporation, Surat.

OPENING OF TENDER:

The Technical Bid will be opened on the specified date online on website

https://smctender.nprocure.com. Bidders or their representative who wish to participate

in online tender opening can log on to https://smctender.nprocure.com on the due date

and time, mark their presence and participate in online tender opening. Bidders who wish

to remain present at Surat Municipal Corporation, Heritage Cell at the time of tender

opening can do so. Only one representative of each firm will be allowed to remain

Information for online 1. Internet site address for e-Tendering activities will be

participation https://smctender.nprocure.com

2. Interested bidders can view detailed tender notice and download tender document

from the above mentioned website.

3. Bidders who wish to participate in online tender have to register with the website

through the ‘’New User Registration’’ link provided on the home page. Bidder will

create login id &password on the own in registration process.

4. Bidders who wish to participate in this tender need to procure Digital Certificate as

per Information Technology Act-2000 using that they can digitally sign their

electronic bids. Bidders can procure the same from any of the CCA approved

certifying agencies, or they may contact (n) code Solution at below mentioned address

and they will assist them in procuring the same. Bidders who already have a valid

Digital Certificate need not to procure the same. In case bidders need any clarification

VOL -1 Technical Bid |

regarding online participation, they can contact –

(n)code solution (Adivision of GNFC Ltd.)

14th Floor,Tower one Road,5C,Zone5,

Gujarat International Finance,

Tech City (Gift City)

Gandhinagar-382355.

Toll Free No:-1800-419-4455.

URL:https://smctender.nprocure.com

5. Bidders who wish to participate in e-Tender need to fill data in predefined forms of

tender fee, EMD, and Price bid only.

6. Bidder shall have to upload scanned copies of reference documents support of their

eligibility of the bid withVolume-1 of tender i.e. PQ (Technical) or experience details

and tender fee & EMD Demand Draft in Electronic format through online (By

scanning) system.

7. All documents must be colored scanned to be seen as original. Scanning in

black and white or gray shall not be acceptable.

8. All the documents must be notarized with clearly displaying stamp, number

and name of the notary.

9. After filling data in predefined forms, bidders need to click on final submission link

to submit their encrypted bid. Bidder must submit Tender Fees & EMD (D.D/ Pay

order),Affidavit ( Form No.08), Anti blacklisted Ceritificate Affidavit ( Form

No.09), Site Visit Affidavit ( Form No.11) , Annexure-B on non-judicial stamp

paper of Rs.300/- with Notorized submit, and Annexure-C (SPECIMEN

SIGNATURE AND PHOTOGRAPHS OF THE BIDDER) in electronic format as

well in hardcopy.

10. For the purpose of realization of tender fee and EMD

(A)The bidder should submit the Demand Draft for E.M.D. &Tender (Bid) fee shall be

submitted in electronic format through online mode (by scanning) while uploading the

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

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

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

shall send the D.D. in original through RPAD / Speed post so as to reach to Chief

Accountant, SMC upto Dt.09/10/2026 up to 18:00 Hrs. as per schedule from the last

date of online submission of the bid as per tender notice.

VOL -1 Technical Bid |

Following Penalty based actions for not submitting D.D. in original shall be initiated by

Biding If Situation arises Relaxation / Punitive action

Tenderer's First If bidder fails to submit the Relaxation: Bidder shall pay Penalty as per below

Time original D.D. (For tender fee mentioned table within 10 Days from the last date of the

and E.M.D.) within stipulated Hard Copy Submission as mentioned in published tender

time mentioned in published notice.

tender notice for this work, in If bidder fails to deposit the penalty amount (as per

this situation. following table) Punitive action will be taken as below.

Punitive action : Abeyance of registration for 06 (six)

months with cancelation of E-tendering code for 06 (six)

Tenderer's If bidder fails to submit the Punitive action :Abeyance of registration for 06 (six)

Second Time original D.D. (For tender fee months with cancelation of E-tendering code for 06 (six)

and E.M.D.) within stipulated months

time mentioned in published

tender notice for this work, in

this situation.

Table for Penalty

Sr.No. Tender Amount in Rs. Penalty Amount in Rs.

2 More Than 1.00 Cr. And Up to 10.00 Cr 20,000/-

3 More Than 10.00 Cr. And Up to 50.00 Cr 30,000/-

4 More Than 50.00 Cr. And Up to 100.00 Cr 70,000/-

5 More Than 100.00 Cr 1,00,000/-

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

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

Assistant Municipal Commissioner

Surat Municipal Corporation

VOL -1 Technical Bid |

SURAT MUNICIPAL CORPORATION

DOMESTIC COMPETITIVE BIDDING

INVITATION FOR BID (IFB)

1. The Deputy Commissioner, Surat Municipal Corporation, Surat on behalf of Surat Municipal

Corporation invites bids for the works detailed in Table-1 given here.

Approximate value of Bid Completion

Sr. No. Name of Works works(Estimated Security/

Project Cost) (Rs.) EMD (Rs.)

1 Maintenance And Repairing Rs. 46,77,019.50 Ps. Rs. 47,000/- 12 Months.

Work Of Surat Castle Located (Excluding

At Chowk Bazaar, Surat. Monsoon)

The above work shall be executed on Percentage rate contract. The Contractor is also required

to maintain the above works for a Defect Liability Period after construction. The Project site for

the work is on the plot specified in Table-1.

2. Bidding is open to all eligible and qualified bidders meeting the eligibility and qualification

criteria as specified in clause no.2 and 3 of Instructions to Bidders. Bidders should, however,

be registered with the “E-1” class registration with Various Department of State

Government, CPWD & Surat Municipal Corporation.

3. Bidding documents can be downloaded from the website https://smctender.nprocure.com

upto 30/09/2026 up to 18:00 hrs. (IST). The Bidders are required to submit a non refundable

Tender fee and EMD as specified in Tender Notice from any Approved Banks to SMC. Any bid

without Tender Fee and EMD shall be rejected.

4. While Duly filled and signed copies of form no 1 to 11 specified in section III (Qualification of

Information Forms) shall be submitted online along with Eligibility and Qualification

5. Price Bid shall be submitted online.

6. Details required in hardcopy (i.e Tender fee,E.M.D, Affidavit and addenda/Corrigendum if

any) must be delivered to The Chief Accountant, Surat Municipal Corporation, Mugalisarai

Surat 395003 by R.P.A.D/ Speed Post, on or before 09/10/2026 up to 18:00 hours (IST)

through Registered Post/speed post of Indian postal department (Hand delivery or delivery

through courier is not allowed). Technical Bid (online) along with Eligibility and Qualification

Submissions will be opened on Dt.01/10/2026 after 11:00 (IST) onwards if possible, in the

presence of the bidders who wish to attend. If the office happens to be closed on the date of

receipt of the bids as specified, the bids will be received and opened on the next working day at

7. Bids must be accompanied by the earnest moneydeposit (Bid Security) of the amount specified

for the work in the Table-1 of the IFB. The earnest money will have to be in the form as

specified in Tender Notice and Tender Document from any of the Approved Banks to SMC.

VOL -1 Technical Bid |

8. Bid document consists of Instruction to Bidders, BOQs, General Conditions of Contract,

Technical Specifications can be seen in the Bidding documents.

9. No Physical Pre bid meeting shall be held. Bidders shall have to send their queries on email

address: [email protected] on or before 22/09/2026 and Time: up to 18:00

Hrs (IST). Answers to the queries shall be circulated electronically.

10. If SMC is convinced that the Bidder has resorted to material misrepresentation or provided

fraudulent information / statement, the said Bidder will be liable for disqualification / rejection

11. Surat Municipal Corporation, Surat reserves the rights to reduce/ increase the scope of work

and contract without assigning any reason thereof.

12. The Price Bids of those bidders who are shortlisted and qualified as per the eligibility and

qualification criteria will be opened on the date to be intimated to them later.

13. A bidder shall not be permitted to bid for works in the division responsible for award and

execution of contracts in which his or his spouse’s near relative (defined as first blood relations,

and their spouses) is posted as an officer in any capacity between the grades of Deputy

Commissioner and Technical Supervisor (both inclusive) or equivalent post.

14. No Engineer of officer rank or other officer employed in Engineering or Administrative

duties in an Engineering Department of the Surat Municipal Corporation is allowed to work as a

Contractor for a period of two years after his retirement from Surat Municipal Corporation service,

without Surat Municipal Corporation’s permission. This contract is liable to be cancelled if either

the Contractor or any of his employees is found any time to be such a person who had not obtained

the permission of the Government as aforesaid before submission of the tender or engagement in

the Contractor’sservice.

15. Conditional Bid shall not be accepted and liable for rejection.

16. SMC’s decision for selection or rejection of the offers shall be final and binding to all.

17. Tender Fee DD and EMD DD details (Bank Name, DD Number, Date of issue etc.) are to be

filed in the provided online form on https://smctender.nprocure.com Scanned copy of these

Tender Fee DD and EMD DD are to uploaded as a part of Technical Bid document submission.

These Tender Fee DD and EMD DD to be dispatch physically by RPAD/ Speed Post so as reach

to The Chief Accountant, Surat Municipal Corporation (main Office) up to Dt: 09/10/2026 up to

18:00 Hrs. 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 and

cancellation of E-tendering code for 06 months. 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. (Refer. page no.5 & 6 of this volume for details of punitive action)

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

and white or gray shall not be acceptable.

 If photo copies are to be uploaded, all these documents must be attested and

notarized with clearly displaying stamp, number and name of notary.

 Please verify before Online submission that Necessary Documents, Certificates etc.

are signed, Sealed and Attested wherever required in each and every respect.

VOL -1 Technical Bid |

18. It is to be noted that "Following Documents shall only be submitted in HARD

COPY to Surat Municipal Corporation by all bidders as Per ANNEXURE-A"

i Earnest Money Deposit as mentioned in tender.(i.e. D.D./Pay order)

ii Tender Fees as mentioned in the tender

iii Affidavit onRs.300 Non Judicial Stamp Paper stating that Bidder has provided true

information (As per the Form NO:-8 Page No:-49).

iv. Affidavit onRs.300 Non Judicial Stamp PaperAnti-Blacklisting Certificate(As per the

Form NO:-9 .PageNo:-50).

v. Affidavit onRs.300 Non Judicial Stamp Paper for Site Visit.(As per the Form NO:-11

vi. ANNEXURE-BAffidavit on Non Judicial stamp Paper of Rs.300/-(As per ,PageNO:-122).

vii. ANNEXURE-C SPECIMEN SIGNATURE AND PHOTOGRAPHS OF THE BIDDER

with duly Signed.(As per Page NO:-123).

viii. Addenda/corrigendum to this tender document, if issued must be signed and submitted.

Executive Engineer

Surat Municipal Corporation

VOL -1 Technical Bid |

SURAT MUNICIPAL CORPORATION

SECTION I – INSTRUCTIONS TO BIDDERS (ITB)

Table of Contents

Clause A. General Clause D. Submission of Bids

1 Scope of work 18 Sealing and Marking of Bids

2 Eligibility of Bidders 19 Deadline for Submission of Bids

3 Qualification of the Bidders 20 Late Bids

4 Cost of Bidding 21 Modification and Withdrawal of Bids

5 Site Visit E. Bid Opening

Eligible Material, Equipment and Opening of Eligibility and Qualification

Services Submissions

Examination of Eligibility and Qualification

B. Bidding Documents and Evaluation 23 Submissions and Determination of

Eligibility and Qualifications

7 Content of Bidding Documents 24 Opening of Price Bids

Prebid Meeting and Clarification of Examination of Price Bids and Determination

Bidding Documents of Responsiveness of Price Bid.

9 Amendment of Bidding Documents 26 Correction of Errors

Evaluation and Comparison of Price

C. Preparation of Bids

10 Language of Bid 28 Rate Analysis

11 Documents Comprising the Bid 29 Clarification of Bids

12 Bid Prices 30 Process to be Confidential

13 Currencies of Bid and Payment F. Award of Contract

14 Bid Validity 31 Award

Employer's Right to Accept any Bid and to

15 Bid Security

Reject any or all Bids

16 Alternative Proposals by Bidders 33 Notification of Award

17 Format and Signing of Bid 34 Signing of Agreement

35 Initial Security &Performance Security

36 Corrupt or Fraudulent Practices

38 Change in Quantity

39 New Equipment and Material

40 Rights Reserved

41 Royalty Pass

VOL -1 Technical Bid |

1. Scope of Work

1.1 Surat Municipal Corporation hereinafter called "Employer" or “SMC” invites bids forthe

construction of works (as defined in these documents, hereinafter referred to as "the Works")

detailed in the table given in the Notice Inviting Tenders.

1.2 The Scope of Works comprising followings:

(a) Repair/Restoration,Re-use and development work: as per the as per the BoQs specified in

Section VI, Drawings specified in section VIII and Technical Specification specified in

section V. The Works also includes following as well as other works specified elsewhere in

the bidding document.

i. Site clearance, removal of tree stumps and dismantling of obstructions, encroachments

etc. if any before commencement of the Works.

ii. The scope of work includes construction of all the items specified in BoQ, drawings &

specifications along with incidental work to complete the project as per conditions laid

in the contract document.

iii. True and proper setting out and layout of the Works, setting of benchmarks, preparation

of working drawings where required and provisions of all necessary labour,

instruments, and appliances;

iv. Any other item of work as may be required to be carried out for completing the Project

in all respects in accordance with the provisions of the Contract.

(b) Repair and Maintenance: The Contractor is required to carry out Repair/ Maintenance/

Improvement Work during the Defect Liability Period.

.(c) Restoration /Improvement and Repair Work to be done in accordance with the Indent

i. Employer shall issue Indent/Maintenance Notice during the Defect Liability Period cum

Maintenance Period specifying the need for repair & maintenance work (the“Indent”). Such

Indent shall be in writing and shall also specify the types of Works to be carried out and also

Intended Completion Date of all such Work. It will also specify work that arise owing

Vandalism and Accident or regular defects in initial work, manufacturing defect or

requirement of regular maintenance. The decision of Engineer in charge shall be final. All

such Work shall be completed in an Intended Completion Date specified in the Indent after

consulting the contractor. However, the decision of Employer/Engineer in Charge shall be

final in this regard. Any breach or delay in work shall be resulted in to damages. Damages

shall be commensurate with types of breach.

ii. The cost any repair and maintenance work required to be carried out owing to defection

works/manufacturing, wear and tear, damages attributable to the Contractor’s or to accident/

vandalism by the employee or people hired by Contractor shall be borne bythe contractor

iii. The Contractor shall ensure quality assurance of various components of the repair and

maintenance Works as per the Technical Specification and relevant standards of BIS.

iv. The Contractor is required to maintain adequate inventory of major Items.

v. Upon completion of repair/ maintenance work, Contractor is required to clear the project Site

from the debris and additional non-consumables immediately.

VOL -1 Technical Bid |

d) The Contractor is required to take appropriate safety measures and ensure the safety of its

employee and users of the Project Site during the Construction and Repair& Maintenance Period

as per the relevant clause of GCC and Technical Specification.

e) The works under this Contract shall be carried out in accordance with the bidding documents

constituting the contract.

f) The Works shall also include followings

i The contractor shall in accordance with the requirement of the Engineer-in-chargeaccord all

reasonable facilities for any other contractors or piece workers engaged by the

Owner/Employer and their work in and of any other properly authorized authorities or

statutory bodies who may be employed on the execution on or near the site of any work not

included in the contract or of any contract which the Owner/Employer may enter into, in

connection with ancillary works if any.

ii The Contractor shall conduct his work so as not to interfere with or hinder the progress or

completion of the work being performed by other contractor or piece workers or by the

Owner/Employer and shall as far as possible arrange his work and shall place and dispose of

the materials being used or removed so as not to interfere with the operations of the other

contractors, piece workers or the Owner/Employer.He shall co-ordinate his work with that of

the other in an acceptable manner and shall perform it in proper sequence to that of others.

iii Ensuring quality assurance of various components of the Works as per Technical

specifications and relevant standards of BIS and other restoration works related standards.

iv Providing and maintaining fully equipped laboratory for testing and site office, including the

supply of testing equipment and consumables; all as prescribed in the relevant

specifications. If an in-house laboratory is not maintained, then testing shall be done at a

laboratory directed/ approved by Engineer-in-charge.

V Submission of Completion Drawings/as built drawings and other related documents as

directed by Engineer in charge.

vi Any other item as directed by the Engineer including insurance cover.

vii All stipulated measures regarding labour employment and their welfare are to be complied

with as per prevailing laws. Provide appropriate bath and toilet facilities.Providing mosquito

nets for workers staying overnight at the site. Ensuring no stagnant water remains at the site

that could lead to mosquito breeding at the site or around the site.Co-operate with VBDC

staff that might inspect the site periodically for the same.

Viii Clearing of site from debris and contractor’s equipment’s before handing over of the Works;

 Availability of the Project Area: The Employer shall provide the right-of-way for Works to the

contractor. However, the Contractor shall have to make his own arrangements for the land

required by him for borrow areas, quarries, site offices, fabrication yard, testing laboratories,

labour camps, other camps, etc.

i. The successful bidder is required to complete the work within the period stipulated in table

given in the Notice Inviting Tenders from the Date of Site Handover Date.

ii. The Employer may engage a Supervision Consultant or any other person to act as Engineer

for the project. There may be a Project Director of the Employer acting as the Employer’s

representative.

VOL -1 Technical Bid |

h) All type application contractors are required to have their own employer's code number under

EPF Act. 1952 and are required to comply the applicable provisions of said statuted regularly

i) Further the contractors for services are required to produce the certified copies of paid chalans in

respect of employees / workers employed by said contractor in respect of work allotted by Surat

Municipal Corporation, along with copies of pay roll and muster roll. If the same are not

produced, the bills will not be released.

j) The contractor shall take utmost care during excavation to protect existing underground utilities.

All water main lines / water connections, storm / sewage main / house connection, electricity

cable, telephone cable, gas pipeline or any other utilities and structures shall be protected by the

contractor. However, if met during excavation, any damage caused shall be rectified by the

contractor at the earliest and all the rectification cost shall be borne by the contractor. If the bill

for rectification work (if carried out by the concerned agencies / departments) is put by such

agencies / department, the same shall be payable by the contractor, if not so it will be deducted

and recovered from the running bills to be paid to contractor.

k) Before starting execution, the contractor shall take all existing levels, demarcation of plot

boundaries for total area, boundaries of independent structures and landscape profiles, marking of

co-ordinates of different structures, various other components, lineing out and levelling with total

station instruments including constructing necessary grit pillars for line and levels with

establishing necessary bench marks, also take levels once again after the completion of each task

at his own cost and get it approved from the engineer-in-charge or PMC. The quantity of

excavated earth will be measured on the basis of R.L. before excavation and R.L of final

excavation only.

l) The variation in quantity may be increased or decreased up-to any extent as per progress and

specific requirement for Client (SMC) / Consultant (PHC) and contractor shall not entitle to carry

any sorts of compensation.

M) The contractor shall make all arrangements necessary for execution as per site condition (like

dewatering, making of bund/retaining of earth including soaring / strutting etc ) at his own cost and

no extra cost shall be paid for the same.

N) All material shall have to be

a) Approved by engineer/ consultant before execution

b) All natural material like stone / Kota stone/marble/granite/wood etc. has to be approved by

engineer/PMC/ TPI/consultant before execution.

C) For all cement concrete work, the contractor will comply with all obligations

imposed/requested by the consultant i.e. he may readily agree to provide RMC if required and

asked by the consultant

2. Eligibility of Bidders

2.1 Bidders shall not be under a declaration of ineligibility for corrupt and fraudulent practices by the

Central Government, the State Government, Local Self Government body or any public

undertaking, autonomous body, authority by whatever name called under the Central, the State

Government or local self Government body in India and any Government body abroad.

2.2 Invitation for Bids is open to all the contractors having experience of similar work as indicated in

clause 3.1(B) of this section.

VOL -1 Technical Bid |

2.3 Bidder should not be blacklisted by any government organization/ company/ institution/body.

2.4 A bidder shall not be affiliated with a firm or entity which;

i) Has provided consulting services during the preparatory stages of the Works or of the project

of which the Works form a part, or

ii) Has been hired (or is proposed to be hired) by the Employer as Engineer for the Contract.

2.5 Only bidders which are An Individuals, Proprietorships, constituted as Companies under the

Indian Companies Act, 1956, or are Partnerships under the Indian Partnership Act, shall be

eligible to participate in bidding as single bidder only.

2.6 Bidders are not allowed to Bid by forming Consortium or Joint Venture. Only Single bidder is

allowed to participate in bidding.

2.7 The Bidder should be profit making firm (As per last audited financial statement of the year

2025-26) and its Net worth of last audited three financial years should be positive.

3. Qualification criteria of Bidders

3.1 The applicant, who is not capable of meeting the requirements listed below, shall not be qualified

for the work. Qualification shall be based on the Applicant satisfying all of the following

minimum criteria regarding their particular experience, financial position, personnel and

equipment capabilities and other relevant information as demonstrated by the applicant’s

responses in the statements. The qualifications, capacity and resources of proposed sub-

contractors shall not be taken into account in determining the applicant’s compliance with the

qualifying criteria.

A. The contractor shall have an active experience of at least 07 (Seven) years in similar

B. Experience of having successfully completed similar works during the last 07 years, in similar

works., ending on the last day of the month previous to the one in which bids are invited,

should be either of the following:

(i) 03 similar completed work costing not less than the amount equal 40% of the

estimated cost,

(ii) 02 similar completed work costing not less than the amount equal 50% of the

estimated cost,

(iii) 01 similar completed work costing not less than the amount equal 80% of the

estimated cost.

Note: (1) Evidence in terms of necessary supporting documents and client certificates (i.e.Completion

Certificate) for similar work executed (Form no:-4).

(2) Work completion certificates shall be in form of 3-A issued by Government / semi

Government/Local Government authorities. Only work order copies shall not be considered

for work experience.

C. Definition of similar type of works:

Similar Works means ''Conservation, Restoration, Strengthening, Repair and Maintenance

ofa Heritage structure "during the last 7 years ending on the last day of the month /previous

to the one in which bids are invited. Bidder having working experience of Lime work and

Wood work shall be preferable. ( Note- if required site visit of completed work will be visted

to evaluated the bidder.)

VOL -1 Technical Bid |

D. Average Annual Financial Turnover during the last 03 years, ending on 31st of March of the

previous financial year , should be at least 30% of total estimated amount of the tender.

E. Fresh solvency certificate from bankers of scheduled bank/ nationalized bank. Minimum value

of solvency shall be atleast 20% of the estimated cost of the tender.

F. The contractor shall have a valid PAN registration .

G. The contractor shall have a valid GST registration certificate.

H. The bidders shall have Registration certificate of appropriate class either

with Various Department of State Government, CPWD, PWD, MES &

Surat Municipal Corporation for civil construction works. The Bidder is

required to submit the valid registration certificate.

I. Any other documents /certificates/Annexure/Statements/Declaration/Affidavits etc. mentioned

elsewhere in proposed tender.

J. Experience as joint venture or as sub contractor shall not be considered.

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

figures to common base for the value of the works completed in India.Cut of month shall be

considered from month of tender submission

Financial Year Multiplying factor

* Here assessment year shall be reckon from year and month in which tender is submitted.

L Bidder should not be blacklisted by any government organization / company / institution

M (i) The Contractor shall employ adequate numbers of full time technically qualified engineers

during the execution of this work. The Engineers so employed for the work must have

sufficient experience to handle the work independently. Such Engineers shall have to stay at

the site of work and they shall not be entrusted with any other duty except of this work. Even

if the contractor or a partner of the Contractor, firm is a Graduate Civil Engineer, employment

of adequate number of engineers will however be necessary for the execution of the work on

site as may be decided by the Engineer-In-Charge.

(ii) The bidder should provide for- (i) One Team leader (B.E.Civil / B. Arch /Conservation

Architect) of Minimum Five years relevant experience

(i) One Site Engineer for civil works (B.E. Civil)) with minimum 3 years of specific

experience in conservation works.

VOL -1 Technical Bid |

(iii) One project manager to co-ordinate and smoothly execute the project, with five (05) years or

more experience in the management of conservation - execution sites.

3.2 Bidder shall submit following documents/ information as a part of Eligibility

and Qualification submissions Online.

(a) The Bid Security/EMD and Tender Fees as required under the Tender Notice section of

thisTender. (colored scanned).

(b) Letter of Bid as per Form No: - 1(Page NO-43). (Colored scanned).

(c) General information, Legal Status including Memorandum of Associations(MOA), Articles of

Associations (AOA)& Partnership Deed; as the case may be; as per Form no 2.(PageNO-44)

(colored scanned & Attested).

(d) Average Annual Financial Turnover during the last 03 years, ending on 31st of Marchof the

previous financial year, should be at least 30% of total estimated amount of the tenderas per Form

no 3.(Page NO-45) (colored scanned & Attested).

(e) Summary of Similar nature of projects (as defined in clause 3.1( A to C)) completed in last seven

years as per Form No:-4 (Page No:-46) (colored scanned & Attested).

(f) Summary of Current Contract Commitments/ Works in Progress as per FormNo: -5 (PAGE No:-

47) (colored scanned & Attested)

(g) Provide signed CVs of key personnel and supporting educational certificate as specified in clause

3.1(M) and as per theFormNo:- 6 (Page no:-48) in section III. (Colored scanned & attested)

(h) Power of Attorney to authorized signatory of Bidder (As per the Form no:-7 Page NO:-49).

(Colored scanned & notarized)

(i) Affidavit onRs.300 Non-Judicial Stamp Paper stating that Bidder has provided true information

(As per the FormNO:-8 Page No:-50). (Colored scanned & notarized).

(j) Affidavit onRs.300 Non Judicial Stamp Paper Anti-Blacklisting Certificate (As per the Form NO:-

9 .PageNo:-51). (Colored scanned & notarized).

(k) Availability of Equipment’s (As per the FormNO:-10 PageNo:-52). (Colored scanned)

(l) Affidavit onRs.300 Non Judicial Stamp Paper for Site Visit.(As per the Form NO:-11.PageNo:-53).

(Colored scanned & notarized).

(m) The bidders shall have “E-1” class registration with with Various Department of State

Government, CPWD, PWD, MES & Surat Municipal Corporation for civil

construction works. (Colored scanned &attested).

(n) Balance Sheet for the last 3 years. (Colored scanned & attested).

(o) ANNEXURE-B Affidavit on Non Judicial stamp Paper of Rs.300/-(As per,PageNO:-131).

(Colored scanned & notarized).

(p)ANNEXURE-C SPECIMEN SIGNATURE AND PHOTOGRAPHS OF THE BIDDER (As per

PageNO: -132). (Colored scanned & attested).

VOL -1 Technical Bid |

(q) Fresh solvency certificate from bankers of scheduled bank/ nationalized bank. Minimum value of

solvency shall be atleast 20% (Rs.9,35,405.00) of the estimated cost of the tender. (colored

scanned & attested)

(r) A valid PAN, and GST registration certificates. (Colored scanned & attested).

(s) Provident Fund Registration Certification. (Colored scanned & attested).

(t) Additional information regarding litigation, debarment, arbitration, etc. (colored scanned &

(u) Signed Copy of Addenda and corrigendum if any. (Colored scanned & Attested).

 Please note that submission of all above essential documents are

mandatory, else bidder may be liable for rejection and no communication

shall be made thereof.

 Please verify before Online submission all the Original document must be colored

scanned,that Necessary Documents, Certificates etc. are signed,Sealed ,Attested and

notarized with clearly displaying stamp, number and name of notary wherever required

in each and every respect.

 Scanning in black and white or gray shall not be acceptable

 All the documents comprising the Eligibility and Qualification submission shall be signed by

Authorized Signatories of Bidder.

 Please note that non-submission of Prequalification documents, forms, schedules and other

supporting documents as well as price bid does not absolve the bidders from any liability created

from the bid conditions and bidding process..

 Technical Bid & Schedule-B (duly signed & stamped) in Hard copy shall be

submitted by successful bidder upon intimation from SMC.

3.3 Disqualification

Even though the Bidders may meet the above criteria, they are subject to be disqualified for any of

the following reasons:

a) Misleading or false representation in the forms, statements and attachments submitted under

b) Record of poor performance such as abandoning the work, rescinding of contract for which

the reasons are attributable to the non-performance of the contractor, consistent history of

litigation awarded against the applicant or financial failure due to bankruptcy.

c) Has been identified by the Employer as poor performer in implementation of ongoing Surat

Municipal Corporation’s/ or other Government department or Local Body’s works.

3.4 Debarment/ Black listing

Notwithstanding the above, the Employer may debar or blacklist any of the bidder(s) for their

misleadingor false representations in the forms statements, etc. for the period to be decided by

VOL -1 Technical Bid |

4. Cost of Bidding

The bidder shall bear all costs associated with the preparation and submission of his bid and the

Employer will in no case be responsible or liable for those costs.

5.1 The bidder is advised to visit and examine the Project Site of Works and its surroundings

and obtain for itself on its own responsibility all information that may be necessary for

preparing the bid and entering into a contract for construction of the Works. The costs of

visiting the Site shall be at the bidder's own expense.

5.2 The bidder and any of its personnel or agents will be granted permission by the Employer to

enter its premises and lands for the purpose of such inspection, but only upon the express

conditions that the bidder, its personnel and agents, will release and indemnify the Employer

and its personnel and agents from and against all liability in respect thereof and will be

responsible for death or personal injury, loss of or damage to property and any other loss,

damage, costs and expenses incurred as a result of the inspection.

5.3 The bidder shall provide an affidavit on a Rs 300/- government stamp paper in the format as

attached FORM-11 in the Tender copy.

6 Eligible Material, Equipment and Services

At the Employer's request, the bidder having offered the lowest evaluated Price Bid may be

required to provide evidence of the origin of materials, equipment, and services to the satisfaction

of the Employer.

B. Bidding Documents

7 Contents of Bidding Documents

7.1 The set of bidding documents comprises the documents listed below and should be read in

conjunction with any Addenda issued in accordance with Clause 9 ITB.

7.2 The bidder is expected to examine carefully the contents of all the above bid documents. Failure

to comply with the requirements of bid documents will be at the bidder's own risk. Pursuant to

Clause 24 and 26 of ITB, bids which are not substantially responsive to the requirements of the

bidding documents will be rejected.

7.3 Employer may ask, at its sole discretion, for additional information from bidders at any stage of

the bidding process.

8. Pre Bid Meeting and Clarification of Bidding Documents

8.1 No Physical Pre bid meeting shall be held. Bidders shall have to send their queries on email

address: [email protected] on or before Dt. 22/09/2026 and Time: up to 18:00

hrs. Answers to the queries shall be uploaded on the website https://smctender.nprocure.com

possible circulated electronically.

8.2 Any modification of the bid document, which may become necessary as a result of the pre bid

meeting, shall be made by the Employer exclusively through the issue of an Addendum pursuant to

9 Amendment of Bidding Documents

9.1 Before the deadline for submission of bids, the Employer may modify the bidding documents by

VOL -1 Technical Bid |

9.2 Any addendum thus issued shall be part of the bidding documents. The addendums shall be posted

on https://smctendr.nprocure.com. Bidders are required to regularly check the website for such

9.3 To give prospective bidders reasonable time in which to take an addendum into account in

preparing their bids, the Employer may its sole discretion, extend as necessary the deadline for

submission of bids.

C. Preparation of Bids

10. Language of Bid

The bid, and all correspondence and documents related to the bid exchanged between the bidder

and the Employer shall be written in the English language. Supporting documents and printed

literature furnished by the bidder may be in another language provided they are accompanied by

an accurate translationof the relevant passages in the English language, in which case, for

purposes of interpretation of the bid, the English translation shall prevail.

11. Documents comprising the Bid

 Eligibility and Qualification submissions specified in Clause 2 &3 and defined hereunder

shall be submitted through online only.all the original document must be colored

scanned, that Necessary Documents, Certificates etc.) are signed,Sealed ,Attested and

notarized with clearly displaying stamp, number and name of notary wherever

required in each and every respect.

a) Eligibility and Qualification Submissions

The following shall constitute the “Eligibility and Qualification Submissions” which are to be

submitted in online:

i) Tender Fees and Bid Security/EMD for an amount as specified in the Tender Notice and in the

form specified in Clause 15 of ITB.

ii) Eligibility and Qualification Information as specified in Clause2, Clause 3 in sub clause 3.1 and

Clause 3.2 of ITB. These are detailed information lists which the bidder may carefully review

and provide as specified.

iii) Any other material/ information required to be submitted in accordance with the Instructions to

b) Price Bid (Volume-II of this Tender Document)

(Can be seen online and to be submitted online through https://smctender.nprocure.com)

The Price Bid shall consisting of Form of Price Bid which can be seen online as per Volume-II

of this Tender document and duly filled by filling percentage rates of above/below than estimated

cost mentioned in BoQ both in words and figures online through

https://smctender.nprocure.com .

The bidder shall submit the Price Bid online through e-tendering only. No Price bid in physical

form will be accepted and any such offer if received by SURAT MUNICIPAL CORPORATION

will be out rightly rejected.

11. The above Price Bid shall be submitted as per Volume-II of this Tender (can be seen online)

before the Bid submission Date and time specified in Tender Notice section online through

https://smctender.nprocure.com

The Price Bid shall not be submitted in hard copy and shall be submitted online as mentioned

VOL -1 Technical Bid |

12.1 Unless stated otherwise in the bidding documents, the Contract shall be for the whole Works

as described in bidding documents, based on the percentage rate amount in the Bill of

Quantities submitted by the bidder.

12.2 The bidder shall fill in percentage rate above and below and total amount (Both in figures and

12.2 The bidder shall fill in percentage rate above and below and total amount (Both in figures and

words) for overall items of the works provided in the Bill of Quantities (the “Total Price

12.3 GST (Goods and Service Tax) has come in existence from 1st July, 2017. Contractor /

Successful Bidder is bound to pay any amount of GST prescribed by the Govt. of India as per

the Term 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 and

Service Tax) by the Government, the same shall be reimbursed / recovered separately by

SMC, subject to submission of Original Receipt / Proof for the amount actually remitted by

the Successful Tender / 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

(Thirty) Days from the date of payment. Remittance of GST within stipulated period shall be

the sole responsibility of the Successful Bidder / Contractor, failing which, SMC may recover

the amount due, from any other payable dues with SMC and decision of Municipal

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

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

and forfeiture of Security Deposit / Performance Guarantee Amount.

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

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

(Excluding GST) are imposed during the course of the contract, the same shall be borne by the

Contractor / Successful Bidder only in no case SMC shall be liable for the same and obliged

to reimbursed and no dispute regarding same shall be entertained by SMC. Bidder / firm

should have to produce attested copy of sale tax certificate with proof of residence.

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

The Construction labour welfare cess shall be deducted from R.A. bill of the contractor at the

prevailing rate. The current rate of labourcess is 1% of the capital amount.

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

and government undertaking public adventures published tenders amounting more then Rs.

2,50,000 & which commodities/ servies are comes under taxation than 2% TDS (1% for

SGST & 1% for CGST) should be deducted. And if commodities/Servies are provided from

interstate then 2% TDS should be deducted of IGST.

NOTE:-The Rates mentioned in BOQ are excluding GST. GST will be reimbursed separately (if

applicable as per the opinion of Account department of SMC / GST Consultant of SMC)

as per the prevailing GST Rates decided by the Government.The contractor is

invariably bound to any changes in GST Rates made during the course of the work. The

payment (if applicable) for GST will be only released only after the applicable Amount

reflects on Government portal. Decision of Account Department of SMC regarding

applicable GST Rates will befinal.

VOL -1 Technical Bid |

13 Currencies of Bid and Payment

13.1 The rates and the prices shall be quoted by the bidder in Indian Rupees only. In no circumstances

shall the price bid be quoted in any other currency except the INR.

14 Bid Validity

14.1 Bids shall remain valid for a period of 120 days (one hundred and twenty days) from the date

of opening of Price Bid.

14.2 In exceptional circumstances, prior to expiry of the original bid validity period, the Employer

may request the bidders to extend the period of validity for a specified additional period. The

request and the responses thereto shall be made in writing. A bidder may refuse the request

without forfeiting his Bid Security. A bidder agreeing to the request will not be required or

permitted to modify his bid but will be required to extend the validity of his Bid Security for the

period of the extension, and in compliance with Clause 15 of ITB in all respects.

15 Bid Security

15.1 The value of EMD/Bid Security is Rs.47,000.00/- 100 % in the form of Demand Draft or pay

order of nationalized / scheduled bank only in favour of Commissioner, Surat Municipal

Corporation, Surat through Approved Bank to SMC only and payable at Surat only.

15.2 The earnest money deposit in the form of FDR or Cheque shall not be accepted. Demand Draft/

Pay Order for the purpose of this tender shall be from Approved Bank only (See Form no. 5 of

Section VII). The List of Approved Banks is specified in Form no 5 of Section VII (Page N0:-

15.3 Any bid not accompanied by Tender Fee and an acceptable Bid security and not secured as

indicated in Sub Clause 15.1 and 15.2 of ITB above shall be out rightly rejected by the

Employer as non–responsive and Bid Shall be considered as not in compliance with

requirement of Bid Documents.

15.4 The earnest money/Bid Security of the unsuccessful bidders shall be returned as promptly as

possible, on finalization of acceptance/rejection of the tenders received or as decided by the

15.5 The Bid Security of the successful bidder, along with second lowest tenders, will be returned/

discharged when the bidder has furnished the required Performance Security and signed the

15.6 Bid Security is non interest bearing deposit.

15.7 The Bid Security may be forfeited-

a) if the bidder withdraws or modifies his bid during the period of bid validity;

b) if the bidder does not accept the correction of his bid price, pursuant to Clause 27;

c) in the case of a successful bidder, if bidder fails within the specified time limit to:

 Furnish the required Performance Security or

 ii) Sign the Agreement.

15.8 The Bid Security of bidders other than first (L1), second and third lowest (L2 & L3) will be

returned within 30 days of opening of financial bids.

16 Alternative Proposals by Bidders

VOL -1 Technical Bid |

Bidders shall submit offers, which comply with the requirements of the bidding documents,

including the conditions of contract, basic technical design as indicated in the Drawings and

Specifications. Conditional offer or alternative offers will not be considered further in the process

of bid evaluation. Bids based on alternative designs shall not be considered.

17 Format and Signing of Bid

17.1 The Price Bid shall be dully signed and submitted in online format only. While form No. 1 to

dully filled and signed as specified in section III of ITB shall be submitted online and

mentioned in as per. IFB-18 (Page N0-9) document Submited in Hard Copy.

17.2 Eligibility and Qualification Information as specified in Clause2, Clause 3 in sub clause 3.1 and

Clause 3.2 of ITB Shall be submitted online. Please verify before Online submission all the

original document must be colored scanned ,that Necessary Documents, Certificates

etc.) are signed,Sealed, Attested and notarized with clearly displaying stamp, number

and name of notary wherever required in each and every respect.

17.3 The bid shall contain no alterations, omissions or additions, except those to comply with

instructions issued by the Employer, or as necessary to correct errors made by the bidder, in

which case all such corrections shall be initialed by the person or persons signing the bid.

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

and addresses shall be printed below their signatures. All signatures shall be dated.

VOL -1 Technical Bid |

D. Submission of Bids

18 Sealing and Marking of Bids

The bidder shall submit the Bid in two parts, the Eligibility and Qualification Submissions and

the Price Bid pursuant to clause 11 of this ITB. The Eligibility and Qualification Submissions

shall be submitted online through e- tendering process only (through n- procure).

18.1 The Hardcopy Submissions Envelope shall contain following Document..

Maintenance And Repairing Work Of Surat Castle Located At Chowk Bazaar, Surat.

Eligibility and Qualification Submissions –

 The details are to be submitted online on https://smctender.nprocure.com as per Clause

Page No:- : 13 &

 It is to be noted that "Following Documents shall only be submitted in HARD

COPY to Surat Municipal Corporation by all bidders as Per ANNEXURE-

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

ii Tender Fees as mentioned in the tender

iii Affidavit on Rs.300 Non-Judicial Stamp Paper stating that Bidder has provided

true information. (As per the Form No: -8 Page No: -50).

iv Affidavit on Rs.300 Non-Judicial Stamp PaperAnti-Blacklisting Certificate (As per the

Form NO: -9 Page No:-51).

v Affidavit on Rs.300 Non Judicial Stamp Paper for Site Visit. (As per the Form NO:-11.

Page No: - 53).

vi ANNEXURE-B Affidavit on Non Judicial stamp Paper of Rs.300/-(As per,PageNO:-

vii ANNEXURE-C SPECIMEN SIGNATURE AND PHOTOGRAPHS OF THE BIDDER

with duly Signed. (As per Page No:-132).

viii. Addenda/corrigenda to these tender documents, if issue must be signed and

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

circumstances. This will hold the tender liable for rejection.

18.2 Hard Copy documents specified above clause no 18.1 shall be placedunder envelope. The

envelope shall:

a) Be addressed to the Employer at the following address and shall be sent through Speed

Post/RPAD only.

Chief Accountant,

Surat Municipal Corporation,

Mugalisarai, Surat-395003. Gujarat.

b) Bear the following identification:

1. Tender notice no.: AMC/HR/01/2026-27

2. Department :Heritage Cell

VOL -1 Technical Bid |

18.3 Name of work: Maintenance and Repairing Work of Surat Castle Located at Chowk

If the outer envelope is not sealed and marked as above, the Employer will assume no

responsibility for themisplacement or premature opening of the bid.

18.4 The Price Bid (Volume 2 of this Tender Document) shall be submitted online in the format

specified in Volume 2 of this Tender (can be seen online) by filling rates of each item of BoQ

through e-tendering only. No Price bid in physical form will be accepted and any such offer if

received by SURAT MUNICIPAL CORPORATION will be out rightly rejected.

The above Price Bid shall be submitted as per Volume-II of this Tender (can be seen online)

before the Bid submission Date and time specified in Tender Notice section online through

https://smctender.nprocure.com. The Price Bid shall not be submitted in hard copy and shall be

submitted online as mentioned above only.

18.4 The Technical Bid as specified in clause no 11 of ITB shall be submitted online.

19 Deadline for Submission of Bids

19.1 Refer “schedule of E tender” & “General terms & conditions” mentioned in E tender invitation

notice. Bidder shall quote their offer in electronic format only on website https://

smctender.nprocure.com on or before Dt.30/09/2026 up to 18.00 hrs (IST).

19.2 The Employer may, at his discretion, extend the deadline for submission of bids by issuing an

amendment in accordance with Clause 9 of ITB, in which case all rights and obligations of the

Employer and the bidders previously subject to the original deadline will thereafter be subject to

the deadline as extended.

20.1 Any bid received by the Employer after the deadline for submission of bids prescribed in

Clause19 above will be rejected returned unopened to the bidder.

20.2 No bid may be modified or withdrawn after the deadline for on line submission of bids

20.3 Withdrawal or modification of a bid between the deadline for on line submission of bids and the

expiry of the original period of bid validity specified in Clause 14 above or as extended pursuant

to Clause 14 above shall result in the forfeiture of the bid security pursuant to Clause 15 above.

21 Modification and Withdrawal of Bids

21.1 Only Price Bid can be modified by bidder at any time before online submission uptolast

E. Bid Opening and Evaluation

22 Opening of Eligibility and Qualification Submissions

22.1 The Employer will open the Technical Bid online and Eligibility and Qualification Submissions

(submitted online) on the date, time and place specified in Tender Notice and IFB section.. In the

event of specified date of bid opening being declared as a holiday for the Employer, then if

possible, Technical Bid (Online) and Eligibility and Qualification Submissions will be opened at

the appointed time and location on the next working day.

After opening of the Qualification bid, Surat Municipal Corporation. will examine verify the

details & submission by the bidders thoroughly. The Qualification bid not fulfulling the

requirement as per the qualification criteria will be rejected outrightly. And price-bid of the

unsuccessful tenderers will not be opened.

VOL -1 Technical Bid |

22.2 If any Bid contains any deviation from the Bids documents and /or if the same does not contain

Bid security and Tender Fee in the manner prescribed in the Bid documents, then that Bid will be

rejected andthe Bidder informed accordingly.The Price Bid shall not be opened at this stage.

23 Examination of Eligibility and Qualification Submissions and Determination of Eligibility

and Qualifications

23.1 Prior to evaluation of Eligibility and Qualification Submissions, the Employer will determine

whether the bid is accompanied by the required Bid Security and Tender Fee.

23.2 If the Bid Security furnished does not conform to the amount and validity period as specified

in the Invitation for Bids and has not been furnished in the form specified in Clause 15 and

not from the list of Approved Banks, the bid shall be rejected by the Employer as

nonresponsive and the Bids will be returned to the bidder.

232.3 Subject to confirmation of the Bid Security by the issuing bank, the Eligibility and

Qualification Submissions accompanied with valid Bid Security will be taken up for further

evaluation. In case, the Bank does not confirm the Bid Security, the bid shall be rejected as

non-responsive and no further evaluation carried out for that particular bidder.

23.4 The Eligibility and Qualification Submissions will further be examined to determine whether

the bid has been properly signed and meets the eligibility and qualification criteria as per

clause 2 and clause 3 of Instruction to Bidders section, has the required available bid capacity

and is accompanied by the requisite certificates/ documents, undertaking and other relevant

information specified in the bid documents and is substantially complied with the requirement

of the bidding documents and provides any clarification for ascertaining the correctness of the

information/ details that the Employer may require pursuant to Bid Evaluation.

23.5 If the Eligibility and Qualification Submissions is not complied with eligibility and

qualification requirements of bidding documents, it will be termed as non responsive and

rejected by the Employer. It will not subsequently be made in compliance with bidding

documents by correction or modification or withdrawal of the non-conforming deviation or

reservation. The Employer at its sole discretion, reserves the right to ask for further

information/ documents from the bidder/s.

23.6 Bidders whose bids meet eligibility and qualification requirements of bidding documents

specified in Clause 2 and 3 of ITB and submitted required Tender Fees and Bid Security in

accordance with clause 15 shall be termed as technically responsive bids.

23.7 The Price Bid of those bidders whose Eligibility and Qualification Submissions is determined

to benon responsive and not in compliance with the requirement of bidding documents

pursuant to this Clause23 shall not be opened.

24 Opening of Price Bids

24.1 Price Bids of the bidders whose bid capacity has already been exhausted shall not be opened

on the bid opening date.

24.2 Price Bids of those bidders whose Eligibility and Qualification Submission has been

determined to be in compliance with bidding document and responsive in accordance with

Clause 23 (i.e. meeting eligibility criteria specified in clause 2, qualification criteria specified

in clause 3,submitted all necessary documents specified in clause no 3.2, and submitted

required Tender Fee and Bid Security also provided online) shall be opened in presence of the

bidders or their representatives who choose to attend on the date intimated to such bidders. In

the event of specified date of Price Bid opening being declared a holiday for Employer, the

‘Price Bids’ shall be opened at the appointed time and location, if possible, on the next

VOL -1 Technical Bid |

24.3 The prices quoted by the bidders meeting the bid capacity criteria will be compared (i.e. Total

Bid Price quoted by the bidders shall not exceed their respective Bid Capacity) and would be

consideredfor determination of responsiveness of Price Bids pursuant to clause

24.4 The names of the bidders whose Eligibility and Qualification Submission is found to be

substantially responsive (as per clause no 23 and 24.1, 24.2,24.3) the bid prices, the total

amount of each bid, any discount, and such other details, as the Employer may consider

appropriate will be announced by the Employer at the opening of the Price Bid. Any bid price,

which is not read out and recorded at the bid opening, will not be taken into account in Bid

24.5 Bidders or their representatives who are present shall sign attendance sheet evidencing their

24.6 The Employer shall prepare besides the record of bid opening, minutes of the Price Bid

opening including the information disclosed to those in accordance with Sub-Clause 24.4.

25 Examination of Price Bids and Determination of Responsiveness of Price Bid

25.1 The Employer will determine responsiveness of each Price Bid with respect to filled amount

for each item of Bill of Quantities, Technical Specifications, Drawings and other relevant

requirement of bidding documents.

25.2 A substantially responsive Price Bid is one which conforms to all the terms, conditions and

specifications of the bidding documents, without material deviation or reservation. A material

deviation or reservation is one (i) which affects in any substantial way the scope, quality or

performance of the Works; (ii) which limits in any substantial way, inconsistent with the

bidding documents, the Employer's rights or the bidder's obligations under the Contract; or

(iii) whose rectification would affect unfairly the competitive position of other bidders

presenting substantially responsive Price Bids.

25.3 If the Price Bid is not substantially responsive pursuant to this Clause 25.1 and 25.2, it will be

rejected by the Employer.

26. Correction Error

26.1 Price Bids determined to be substantially responsive will be checked by the Employer for any

arithmetic errors. Arithmetic errors will be rectified on the following basis:

(i) Where there is a discrepancy between the rates in figures and in words, the rate in words will

(ii) Where there is a discrepancy between the unit rate and the line-item total resulting from

multiplying the unit rate by the quantity, the unit rate as quoted will govern.

26.2 The amount stated in the Price Bid will be adjusted by the Employer in accordance with the

above procedure for the correction of errors and shall be considered as binding upon the bidder. If

the bidderdoes not accept the corrected amount of bid, his bid will be rejected, and his Bid

Security may be forfeited in accordance with Clause

27 Evaluation and Comparison of Price Bids

27.1 The Employer will evaluate and compare only those Price Bids which are determined to be

substantially responsive in accordance with Clause 25 and qualified for award of Contract in

accordance with Clause 2 and 3 of ITB.

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27.2 In evaluating the Price Bids, the Employer will determine for each Price Bid the evaluated Bid

Price by adjusting the Bid Price as follows:-

a) Making any correction for errors pursuant to Clause 26 of ITB;

b) Making an appropriate adjustment for any other acceptable variations, deviations; and

c) Making appropriate adjustments to reflect discounts or other price modifications offered in

accordance with relevant clause.

27.3 After adjusting the bid prices as stated above, final bid evaluation will be done as follows:

a) Bidder needs to quote in percentage of rates (above /below as indicated in BOQ) for each

part/section of BOQ. It is mandatory for further evaluation of bids & payment. Payment of

items of each part/section of BOQ shall be made as per quoted percentage for each

part/section of BOQ.

b) Successful bidder- will be decided based on overall percentage quoted above/below of Total

estimated amount as indicated in Vol-II for the complete project.

27.4 If the Bid of the successful Bidder is seriously unbalanced in relation to the Employer’s

estimate of the cost of the items of the Works to be performed under the Contract, the Employer

may require the bidder to produce detailed price analysis for any or all items of the Bill of

Quantities, to demonstrate the internal consistency of those prices with the construction

methods and schedule proposed. After evaluation of the price analysis, the Employer may

require that the amount of the performance security set forth in Clause 35 be increased up to an

additional 4 (four) per cent at the expense of the successful bidder to protect the Employer

against financial loss in the event of default of the successful bidder under the Contract.

27.5 The Employer reserves the right to accept or reject any variation, deviation, or alternative offer

except in case of structures where alternative offers are called for. Variations, deviations and

alternative offersand other factors which are in excess of the requirements of the bidding

documents or otherwise result in unsolicited benefits for the Employer shall not be taken into

account in bid evaluation.

27.6 A bid, which is unrealistically lower then estimate and which could not be substantiated

satisfactorily by the bidder, may be rejected as non-responsive.

28 Rate Analysis

28.1 Requirement of submission of analysis by the contractor shall be complied and submitted to the

Employer or his nominee within the stipulated time fixed by the Employer or his nominee failing

which the bid shall be treated as non responsive. After evaluation of the price analysis, the

Employer may require that the amount of the performance security set forth in clause 35 may be

increased at the expense of the successful bidder to a level sufficient to protect the Employer

against financial loss in the event of default of the successful bidder under the Contract.

29 Clarification of Bids

29.1 To assist in the examination, evaluation and comparison of bids, the Employer may, at his

discretion, ask any bidder for authentication the correctness of the information/ details furnished

by him in his bid. Such request by the Employer and the response by bidder shall be in writing or

by cable/ fax, but no change in the price or substance of the bid shall be sought, offered or

permitted except as required toconfirm the correction of arithmetical errors discovered by the

Employer in the evaluation of the bids in accordance with Clause

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29.2 Subject to Sub Clause 29.1, no bidders shall contact the Employer on any matter relating to his

bid from the time of bid opening to the time contract is awarded.

29.3 Any effort by the bidder to influence the Employer in the Employer’s bid evaluation, bid

comparison or contract award decisions may result in the rejection of his bid.

Information relating to the examination, clarification, evaluation and comparison of bids and

recommendations for the award of a contract shall not be disclosed to bidders or any other persons

not officiallyconcerned with such process until the award to the successful bidder has been

announced. Any effort by a bidder to influence the Employer's processing of bids or award

decisions may result in the rejection of his bid.

F. Award of Contract

31.1 Subject to Clause 32, the Employer will award the Contract to the bidder whose bid has been

determined to be substantially responsive to the bidding documents and who has offered the

lowest Evaluated Bid Price pursuant to Clause 27, provided that such bidder has been

determined to be (i) eligible in accordance with the provisions of Clause 2; and (ii) qualified in

accordance with the provisions of Clause 3 of ITB.

31.2 In case of overall bidder’s offer is less than 90% of the Engineer’s estimate of the cost of work,

additional security in the form as specified in Clause 35 for a period equal to the period of

contract and for an amount equal to the difference of the bidder’s offer and 90% of Engineer’s

estimate of the cost of work shall be delivered as per clause 35thereof.

31.3 The employer reserves the right to award the whole package and/or only any section of tender

to a bidder with the lowest Evaluated Bid Price provided that such bidder satisfies the eligibility

criteria specified elsewhere in the Bid documents

32 Employer's Right to accept any Bid and Reject any or all Bids

32.1 Notwithstanding Clause 31, the Employer reserves the right to accept or reject any bid and to

annul the bidding process and reject all bids, at any time prior to award of Contract, without

thereby incurring any liability to the affected bidder or bidders or any obligation to inform the

affected bidder or bidders of the grounds for the Employer's action.

33 Notification of Award

33.1 Prior to expiration of the period of bid validity prescribed by the Employer, the Employer will

notify the successful bidder by cable/ fax/ and confirmed by registered letter that his bid has been

accepted. This letter (hereinafter and in the Conditions of Contract called "the Letter of

Acceptance") shall name the sum which the Employer will pay the Contractor in consideration of

the execution, completion and maintenance of the Works by the Contractor as prescribed by the

Contract (hereinafter and in the Conditions of Contract termed "the Bid Price/Contract Price").

33.2 The notification of award will constitute the formation of the Contract subject only to the

furnishing of a performance security in accordance with the provisions of Clause

34 Signing of Agreement

34.1 At the same time that the Employer notifies the successful bidder that his bid has been accepted,

the Employer will direct him to submit the Performance Security and attend the Employer's office

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on a date determined by the Employer for signing the Form of Agreementspecified in section VII

of this document.

34.2 Within 28 (twenty eight) days of the date of signing the Form of Agreement, the successful bidder

shall, if required, have the same engrossed, have the correct amount of stamp duty adjudicated by

the Inspector General of Registrations and return the same duly signed and executed on behalf of

the successful bidder to the Employer.

34.3 Upon the furnishing by the successful Bidder of the Performance Security, the Employer will

promptly notify the other Bidders that their Bids have been unsuccessful and release their Bid

35 Initial Security and Performance Security

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

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

tendered amount.

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

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

 Initial Security Deposit ( 2%) Shall be paid in form of Cash or Demand Draft /PayOrder/

Bank Guarantee (encashable at Surat City)/ F.D.R. if the tender amount of the work is more

than Rs. 2.00 Crore& above 2.00 Crore.

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

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

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

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

Government securities endorsedto the Commissioner sum sufficient which will make up the

full security deposit specified in the tender.

If the amount of the security deposit to be paid in lumpsum within the period specified

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

security deposit lodged by Contractor shall be refunded after the expiry of the Defect

Liability period as shown in the attached Memorandum after deducting dues, if any, which

become liable to be recovered from the Contractor under the terms and conditions of this

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

following clause will supersede over and above all the clauses depicted in the tender

(a) Remittance of SD/RMD

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

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

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

Nationalised Bank (encashable at Surat city).

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

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

(b1) Release of SD/RMD

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(iv) The 2% Initial security deposit in form Demand Draft /Pay order / FDRshall be released after

clearance of Final bill by Audit Dept & completion of defect liability period.

(v) Whereas, the 2% security deposit recovered from the each running account bills shall be

released along with Final Bills according to Work Quality.

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

b2) Release of SD/RMD

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

Bills according to Work Quality.

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

released after clearance of Final bill byAudit Dept & completion of defect liability period.

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

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

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

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

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

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

only. Additional stamp duty payable as per government prevailing rule shall be paid by

contractor for remittance of this FDR.It is clarified that the amount of security deposit shall

be collected on the basis of contract price and not on the basis of Estimated Amount put to

tender As initial Security Depositas mentioned above, accepted by the competent Authority

shall have to be paid toward Security Deposit at the time of execution of agreement.

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

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

any extended period what so ever.

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

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

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

contract will be taken.

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

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

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

responsibility to extent the BG On Or Before expiry of time limit of BG. In case of late renewal

of BG, penalty of security deposit shall be levied interest at the rate of 4.00% per year of BG

amount.(As per City Engineer note No.626,Dt.04/07/2022)

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

Rs. 300/- if initial Security Deposite paid in form Bank Guarantee or Demand draft as per the

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form of the agreement approved by the Municipal Corporation, Surat. If initial Security deposit

is paid in form of Fixed Deposit, additional stamp paper amounting As per government’s

prevailing rule of Security Deposit shall be used to execute the agreement.

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

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

The undertaking shall be executed on stamp paper as per prevailing norms of Government. The Surety

shall be executed on stamp paper as per prevailing norms of Government Within 15 days of receipt of

the Letter of Acceptance, the Successful Bidder is required to pay Initial Security to the extent of 2%

of Tender Amount plus Additional Security (if required) in the form of Bank Guarantee or in form of

D.D or pay order Nationalized Approved Banks only in favour of Commissioner, Surat Municipal

Corporation Surat .

In case of overall bidder’s offer is less than 90% of the Engineer’s estimate of the cost of work,

Additional Security for the period equal to contract period and for the amount equal to the difference

of 90% of Engineer’s estimate and bidder’s offer for unbalanced bids as per sub clause 31.2 above in

accordance with the condition of contract. The List of Approved Banks is specified in Form no 5 of

Performance Security: The 2% of the Performance Security is to be deposited through deduction

from the Running bills (2% of work done shall be deducted from every running bills and final bills).

36 Corrupt or Fraudulent Practices

36.1 The Employer requires that Bidders/Suppliers/Contractors under this contract, observe the highest

standard of ethics during the procurement and execution of this contract. In pursuance of this

policy, the Employer.

(a) Defines, for the purpose of these provisions, the terms set forth below as follows:

i.. corrupt practice: means the offering, giving, receiving or soliciting of anything of value to

influence the action of a public official in the procurement process or in contract execution; and

ii fraudulent practice means a misrepresentation of facts in order to influence a procurement

process or the execution of a contract to the detriment of the Employer, and includes collusive

practice among Bidders (prior to or after bid submission) designed to establish bid prices at

artificial non-competitive levels and to deprive the Employer of the benefits of free and open

(b) Will reject a proposal for award of work if Employer determines that the Bidder recommended for

award has engaged in corrupt or fraudulent practices in competing for the contract in question.

VOL -1 Technical Bid |

(c) Will declare a Bidder ineligible, either indefinitely or for a stated period of time, to be awarded a

SMC contract/contracts if he at any time determines that the Bidder has engaged in corrupt or

fraudulent practices in competing for, or in executing, the contract.

36.2 The Employer will reject a proposal for award if he determines that the Bidder recommended for

award has engaged in corrupt or fraudulent practices in competing for the contract in question. The

Employer will declare the firm ineligible, either indefinitely or for a stated period of time, to be

awarded a contract by Surat Municipal Corporation if it at any time determines that the firm has

engaged in corrupt or fraudulent practices in competing for the contract, or during execution.

37 STAMP DUTY :

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

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

approved by the Municipal Corporation, Surat. The agreement shall be executed on stamp paper worth

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

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.

All Stamp Duty consider as per Urban Development & Urban Housing Development Dept,

Gandhinagar Letter no.PRC/802021/567/P, Dt. 27/05/2021.

38 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

The quantities against each item given in Bills of Quantities may change and/or be totally omitted due

to any reason, however, the Contractor shall execute the same with the rates quoted and shall not ask

for revision of rates due to any variations and/or omission of Quantities.

The items mentioned above can be altered/ changed as per the conditions prevalent on site on that

moment. The contractor is adhered to shift arrangements in accordance and comply to the client and

architect for smooth progress of the site.

39. NEW EQUIPMENT AND MATERIAL; All materials, equipment and spare parts thereof shall be

new, unused and originally coming from manufacturer's plant to the Corporation. The rebuilt or

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

40 RIGHTS RESERVED;

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40.1 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.

40.2. 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. No mobilization advance or

advance on machinery will be given.

40.3. 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.

41. Contractor Must submit royalty pass(photocopy) of important materials whenever asked to

submit by the authority.

Date & Signature of the Contractor Executive Engineer

Surat Municipal Corporation

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SECTION II (A)-CONDITIONS OF PARTICULAR APPLICATION

1. The selection process will lay high emphasis on the ability and competency of contractors to

do high quality work within the given time schedule.

2. The onus of providing, all necessary company / project related information, in appropriate

manner and medium, so as to demonstrate the competency of the bidder and to allow proper

evaluation, will rest entirely on the Bidder.

3. Eligibility and Qualification submissions specified in Clause 2 &3 and defined hereunder

shall be submitted through online only.all the original document must be colored

scanned, that Necessary Documents, Certificates etc.) are signed, Sealed ,Attested

and notarized with clearly displaying stamp, number and name of notary wherever

required in each and every respect.

4. Price Bid Submitted online only.

5. ALL INFORMATION HAS TO BE SUBMITTED IN THE PRESCRIBED FORMAT ONLY

Projects for which incomplete information has been provided will not be considered for

6. The scope of work, project description mentioned in the document is indicative and may

change during detail design.

7. There is no option of submitting any conditional bid .All participating bidders are assumed to

agreed 100% on all clauses.

8. SMC’s decision for selection or rejection of the bidder shall be final and binding to all.

9. Bidder should provide information as mentioned in the prescribed forms for projects.

Information other than that related to similar projects shall not be considered for evaluation.

10. If Surat Municipal Corporation is convinced that the Bidder has resorted to material

misrepresentation or provided fraudulent information/ statement, the said Bidder will be liable

for disqualification/ rejection at any stage.

11. Proof for fulfillment of eligibility criteria should be submitted along with Eligibility and

Qualification Submission. If the Eligibility and Qualification Submission is submitted without

valid documents and without proof of eligibility criteria will be rejected.

12. Those who do not meet with the eligibility criteria need not submit the Bid.

13. Bids, which do not fulfill all or any of condition or are submitted incomplete in any respect or

are conditional tenders, will be rejected.

14. Engineer In-charge reserves the rights to reduce/ increase the scope of work and contract

without assigning any reason thereof.

15. All the expenses regarding the plant and its installation shall be borne by the contractor. The

contractor shall at his own expenses, provide erect, operate and maintain in sound and through

working condition all constructional plants and temporary works to complete the work within

the time prescribed in the contract. He shall also at his own expense when so directed by the

Engineer-in-charge in writing shall,

a. Add, extend or improve the plants and ion works already on site.

b. Remove and replace any time of plant or temporary work which in the opinion of the

Engineer-in-charge is unsafe, inadequate or unsuitable.The issuing of any directions by the

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Engineer-in-charge as mentioned in the preceding sub-para shall not however relieve the

contractor of any of his duties and representatives under the contract in procurement by him

plants / machines in working conditions.

15 Explosive and Inflammable Materials:

The Owner/Employer does not anticipate use of any explosive or any inflammable material on

this work, however in the event, explosives of inflammable materials are to be used for the

execution of the works, the contractor shall at his own expense, obtain such license or licenses

as may be required for storing and using explosives and or inflammable materials and locate,

construct and maintain magazines if such and its required for storage in accordance with the

requirements of the relevant Government Rules in force. Such magazines shall be in the care

of competent watchman all the time. All these shall be done under intimation and after getting

assurance from Engineer in charge.

16. The contractor shall exercise utmost care while using explosives and or inflammable materials

not to endanger life or property and shall be solely responsible for any and all damages

resulting from their storage and use, and shall indemnify absolutely Owner/Employer and its

Officers and employees against any claim or liability arising out of any accident or violation

of any law, rules, orders etc.

17. Contractor shall have to make his own arrangements for water and electricity for the purpose

of construction work at site at his own expense.

18. If the contractor fails to execute the said works within prescribed time limit, the said work will

be carried out at the risk and cost by other contractors with 15 % supervision charges as may

be decided by the Engineer In-charge.

19. Availability of Drawings

The drawing and related details for the work prepared by the consultant and approved by

SMC shall be made available from the office of Engineer In-charge, Surat.

20. Office set up at site:

Contractor has to set up a site office at a centrally located area making it accessible from all

the work area, which shall be mutually agreed upon with SMC. The office shall have

computer facilities with printers and Internet connection for Email Correspondence ensuring

faster communication. Digital Camera with Data Transfer capabilities. The contractor shall

take photographs of site prior to commencement of work, during construction and after

completion of work as suggested and shall submit the photographs in soft and hard copies to

SMC. The Contractor is also required to provide office space for Project Management

Consultant/ Employer’s representative as directed by Engineer In-charge.

21. Safety and Signage

 Contactor has to arrange for the complete safety of the persons working for project, users of

the road i.e. public and vehicles also. All the arrangements of traffic drums, metal / fiber

cones, traffic blinkers, traffic signs as per design, safety tapes etc. to be arranged at site.

Necessary florescent marking on traffic signs to be provided so that it should be visible at

night. During night working hours safety in charge personnel’s shall be provided with

florescent jackets

. GENERAL: SAFETY CODE: Contractor shall adhere to safe construction practice and guard

against hazardous and unsafe working conditions and shall comply with owner's safety rules

and set fourth herein.

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21.1. First Aid and Industrial Injuries:

21.1.1 Contractor shall maintain first aid facilities for its employees and chose of his sub contractor.

21.1.2 Contractor shall make outside arrangements for ambulance service and for the treatment of

industrial injuries. Name of those providing these services shall be 66 furnished to Engineer-

in-charge prior to start of construction, and their telephone numbers shall be prominently

posted in contractor's field office.

21.1.3 All injuries shall be reported promptly to Engineer- in-charge, and a copy of Contractor's

report covering each personal injury requiring the attention of a physician shall be furnished to

21. 2. General Rules:

21.2.1 Carrying, striking, matches, lighters inside the project area & smoking within the job site is

strictly prohibited Violators of smoking rules shall be discharged immediately. Within the

operation area, not hot work shall be permitted without valid gas safety, fire permits. The

Contractor shall also be held liable and responsible for all lapses of his sub-contractors/

employees in this regards.

21.3. Scaffolding:

21.3.1 Suitable scaffolding shall be provided for workmen for all works that can not safely be done

from the ground or from solid construction except such short period work as can be done

safely from ladders. When a ladder is used, an extra mazdoor shall be engaged for holding the

ladder and if the latter is used for carrying materials as well, suitable foothold sand handholds

shall be provided on the ladder and the same shall be given inclination not steeper than 1 to

(1 horizontal and 4 vertical).

21.3.2 Scaffolding or staging more than 3.6 M (12') above the ground or floor, swing or suspended

from an overhead support or erected with stationary support shall have a guard rail properly

attached, bolted, braced and otherwise fixed at least 1.0 M (3') high above the floor or

platform of scaffolding or staging and extending along the entire length of the outside ends

thereof with only such openings as may be necessary for the delivery of materials. Such

scaffolding or staging shall be so fastened as to prevent it from swaying from the building or

21.4. Maintenance of Safety Devices:

21.4.1 All scaffolds, ladders and other safety devices mentioned or described herein shall be

maintained in some conditions and no scaffold, ladder or equipment shall be altered or

removed while it is in use. Adequate washing facilities should be provided at or near place or

21.5. Display or Safety Instructions:

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21.5.1 These safety provisions should be brought to the notice of all concerned by display on a

notice board at a prominent place at the work-spot. The person responsible for compliance of

the safety code shall be named therein by the Contractor.

21.6. Enforcement of Safety Regulations:

21.6.1 To ensure effective enforcement of the rules and regulations relating safety precautions, the

arrangements made by the contractor shall be open to inspection by the welfare Officer,

Engineer-in-charge of safety Engineer of the owner or their representatives.

21.7. No Exemption:

21.7.1 Notwithstanding the above clause 1.0 to 7.0 there is nothing to exempt the contractor from

the operations of any other Act or rules in force in the Republic of India. 7.2 In addition to the

above, the Contractor shall abide by the safety code provision as per C.P.W.D. Safety Code

framed from time to time.

22. Convenience of Traffic:

The contractor shall notify in writing to the Engineer in charge or representative of SMC of

the starting of any construction or other operation that may in any way to inconvenience or

endanger traffic, at the earliest possible date and minimum a week in advance to enable the

Engineer in charge to take action as per rules. Under no circumstances the contractor shall

close any road traffic without the written permission of the Engineer in charge.

Whenever necessary, temporary detours or diversions shall be made at service road also and

maintained for traffic by the contractor at his cost. Such diversions shall have a width of not

less than 6 meters throughout and shall be provided with necessary road signs clearly visible

at a distance by day or night. There shall be a preliminary warning by red flags by day and red

lamps/ blinkers by night at a distance of 150meter from the ends of diversion. All diversions

shall be clearly demarcated by white washed stones or other such means.

All operations necessary for the execution of works and for the construction of any temporary

works as shall be carried out so as not to interfere unnecessarily or improperly with public

convenience or with the access to the and occupation of public or private roads and foot paths.

Least possible obstruction shall be caused to traffic.

23. Tax, Duties on Materials

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

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

Contract agreed upon during the course of execution of this contract.During the course of

execution of Contract, if the reisany change in Rate of GST (Goods & Service Tax) by the

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

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

Tenderer/ Contractor to the competent Authority along with a Certificate from Chartered

Accountant of Contactor/ Successful Bidder certifying that the amount of GST paid to the

Government and the same shallbe intimated/ submitted/ claimed within 30 (thirty) Days from

the date of payment Remittance of GST within stipulated period shall be the sole responsibility

of the successful Bidder/ Contractor, failing which, SMC may recover the amount due, from

any other payable dues with SMC and decision of Municipal Commissioner shall be final and

binding on the Contractor / Successful Bidder in this regard Further, non- payment of GST to

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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 existingTaxes/Duties/Levies/Cessoranyother incidentalsetc.(Excluding GST)

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

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

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

and government undertaking public adventures published tenders amounting more than

Rs.2,50,000 & which commodities/ services are comes under taxation more than 2% TDS (1%

for SGST & 1% for CGST) should be deducted. And if commodities/ Services are provided

from inter state then 2% TDS should be deducted of IGST.

NOTE:-The Rates mentioned in BOQ are excluding GST. GST will be reimbursed

separately (if applicable as per the opinion of Account department of SMC / GST

Consultant of SMC) as per the prevailing GST Rates decided by the Government.The

contractor is invariably bound to any changes in GST Rates made during the course of

the work. The payment (if applicable) for GST will be only released only after the

applicable Amount reflecton Government portal. Decisionof Account Department of

SMC regarding applicable GST Rates will be final.

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

accordance withthe prevailing norms of Govt. of Gujarat.

24. Submission of project schedule

Contractor shall submit the detailed Project schedule showing break up for the various tasks to

be performed in order of their occurrence during the project in Microsoft Project/Prima Vera

25. Water Supply: The contractor shall arrange at his own cost, a suitable supply of potable

water for the construction of the works. The Contractor is required to provide Test

certification of Water quality from approved laboratory to Engineer for its approval prior to its

use for Construction Work. All cost related to water supply shall be borne by the Contractor.

26. Electricity: The Contractor is required to make its own arrangement, at its cost, for obtaining

electricity connection. Payment of all costs in this regard will be the responsibility of the

contractors. In case if there is any delay in supply of power at site or any interruption or fault

in the power during the work. No compensation shall be paid for idle labor staff,

machineries and for use of diesel operating sets etc. as the case may be and no extra time

limit shall be granted. In case of failure of the non-payment of power consumption charges,

SMC reserves the right to deduct thesame from the RA/ Final Bills of the contractor.

27. The contractor will be required to arrange for total station survey for carrying out the work

and for measurements wherever needed as per the instruction of the Engineer in-charge. No

extra payment shall be made towards this.

28. Contractor shall have to deploy adequate plant, machinery, manpower, equipment, DG set,

supervisorystaff etc. to carry out simultaneous work on all locations.

29. Accident liabilities:The contractor shall be responsible for all liabilities under workman

compensation act, and other relevant acts as under:

VOL -1 Technical Bid |

a. Contractor shall take all necessary safety precautions during execution of work to

avoid any type of accident at project site & plant site. No work shall continue at site in

absence of necessary and adequate safety measures.

i. Any accidents occurring at project & plant site during the contract period shall be the sole

responsibility of the contractor.

b. Contractor shall inform the owner regarding any accidents occurring at site within

Date & Signature of the Contractor Executive Engineer

Surat Municipal Corporation

VOL -1 Technical Bid |

SECTION II (B) – MEMORANDUM

Sr.No Items Particulars/ Conditions for this Contract

1 Name of Work Maintenance And Repairing Work Of Surat Castle

Located At Chowk Bazaar, Surat.

2 Estimated Value of the Work Rs.

3 Earnest Money Deposit  The amount of EMD is Rs. 47,000.00/-

100 % in the form of Demand Draft or pay order of

nationalized / Scheduled bank only in favour of

Commissioner, SuratMunicipal Corporation, Surat.

4 Tender Fee Rs. 1500/- + 270 (18% GST ) = Rs. 1770/- In form of

Demand Draft or Pay order of Nationalized/ Scheduled

Bank only in favour of Commissioner, Surat Municipal

Corporation, Surat.

5 (i) Initial Security Deposit :-  @ 2% of the Sanctioned Tendered Amount(Shall be

(D.D. / Payorder / F.D.R.orIn form released after clearance of Final bill by Audit Dept.)

of In form of Bank guarantee of • @ 2% of the work done amount which will be deducted

any from each running and final bill. 2% (Shall be released only

NationalisedBank) after clearance of Final bill by Audit Dept. & completion of

(ii) Performance security : defect liability period)

To be deducted from each running

bills as (As per Clause ITB-35).

6 Deduction of Retention Money from @ 5% of total amount of work done from each interim

6 Deduction of Retention Money from @ 5% of total amount of work done from each interim

each RA Bill (running) bill. Which will be released at the time of final bill.

7 Time allowed for the completion of 12 Months (Excluding Monsoon)

work from date fix in written order to

8 Tender validity period 120 days from the date of opening of price bid.

9 Address 1. The Employer is: Surat Municipal Corporation, Tapi

Bhawan, Tapi pura, Surat- 395 003, Gujarat.

2. Tender Fee, EMD, Affidiviate, Annexure-B & C shall be

submitted to: Chief Accountant, Surat Municipal

Corporation, Mugalisara Surat

3. Eligibility and Qualification & Price Bid shall be

submitted online through https://smctender.nprocure.com

before time and date specified in List of Important Dates.

10 The progress of work should (% of Work to be Completed) Period

confirm the following schedule. 25% of work to be done in 25% of time

(as per section IV (A) clause 50% of work to be done in 50% of time

38 of GCC page no:73)

75% of work to be done in 75% of time

100% of work to be done in 100% of time

11 Penalty for delay 0.2 % (Zero point Two percent) of the contract price per

day& maximum upto 10% (Ten Percent) of the Tender

VOL -1 Technical Bid |

12 Advance Payment There will not be any kind of Advance Payment from the

13 Defect Liability Period The Defect Liability Period for whole work shall be 1 years

from date of issue of Completion Certificate.Water proofing

items Defect Liability Period shall be 10 years from date of

issue of Completion Certificate. Contractor will furnish

Guarantee Bond for water proofing items for the duration of

14 Joint Venture/ Consortium Joint Venture/ Consortium is not allowed.

15 Whether water charge shall have to Contractor shall have to arrange water for execution,

be paid by the contractor curingetc. at his own cost.

16 Amount of water charges As per Clause no. 19.6 (General)

17 Construction Cess 1% of Total work done & to be deducted in every bill.

Date & Signature of the Contractor Executive Engineer

Surat Municipal Corporation

VOL -1 Technical Bid |

SECTION III – QUALIFICATION INFORMATION FORMS

Form Number Particulars

1. Letter of Bid

2. General Information

Turnover, Profit and Net worth of last three years from civil construction

contractual activities only duly audited.

4. Summary of similar projects completed in last Seven years

5. Summary of Current Contract Commitments/Works in Progress

6. Details of availabilityof key personnel

7. Power of Attorney

8. Affidavit on stamp paper stating that Bidder has provided true information

9. Anti Blacklisting Information

10 Availability of equipment’s

11 Affidavit for site visit

Date & Signature of the Contractor Executive Engineer

Surat Municipal Corporation

VOL -1 Technical Bid |

(On the letterhead of the bidder)

Assistant municipal Commissioner, on behalf of

Surat Municipal

Corporation (The Employer) Surat.

Subject: With respect to tender for

Maintenance And Repairing Work Of Surat Castle Located At Chowk Bazaar, Surat.

With respect to above mentioned subject, we are pleased to submit the bid. This offer is subject

to all terms and conditions contained in the tender document. We have not made any changes

either directly or indirectly in terms and conditions of the Tender. In additions to terms and

conditions of this tender, we are not given any written or oral promise from the Employer.

The EMD details are as follows:

Amount: __________, DD No. / Pay Order No. /Bank Gurantee No ____________ Dated:

Payable at Surat on Bank: _____________________

The Tender Fee Draft details are as follows:

Payable at Surat on Bank: _______________________

We are pleased to submit the following towards the same.

1. Eligibility and Qualification Information as specified in Clause2, Clause 3 in sub clause 3.1 and

Clause 3.2 of ITB is submitted online.

2. Online Submitted form No. 1 to 11 dully filled and signed (specified in section III of ITB) and

Price bid through e-tendering and mentioned Documents as per. IFB-18 (Page N0-9) in Hard

We are fully aware that the Employer has a right to accept any tender or reject any/ all tenders

without giving any reason and upon rejection of tender/ tenders we shall not be entitled to any

right with related to the Employer.

We have thoroughly read and understand all the terms and conditions of this tender and promise

to observe all the terms and conditions of this tender. We have signed and sealed each and every

page of this tender document.

(Signature and stamp of the Bidder with date)

VOL -1 Technical Bid |

General Information

All Bidders are required to furnish the information in this format.

1 Type of the Bidder (Company/Partnership):

2 Name of firm/s

3 Head office address

4 Year of incorporation/ registration

5 Local office address (if any)

6 Telephone & Contact Details of Concerned person/s

8 Place of incorporation/ registration

9 Main lines of business

All Bidders are required to furnish the documents such as MOA, AOA, Partnership Deed,

Sales tax registration, GST Number, Factory and Shop & Establishment registration as

may be applicable.

(Signature and stamp of the Authorized signatory of Bidder with date)

VOL -1 Technical Bid |

Turnover, Profit and Net worth of last three years from civil construction

contractual activities only duly audited.

Name of Bidder:

A Annual Turnover

All Bidders individually must complete the information in this form. The information

supplied shall be the annual turnover of the Bidder from Civil Construction Contractual

work only in term of the amounts billed to clients for each year for work in progress or

Annual turnover (Civil Construction Contractual Work only) for the

following years

Year Turnover (in Rs.)

Average of last three years

(Such turnover certificate as certified by Statutory Auditor/ Registered Chartered Accountant shall

have to be provided)

B Profit and Net worth

Year Profit (in Rs.) Net worth (in Rs.)*

Networth*: = Equity Capital + Reserve and Surplus - Revaluation Reserve - Accumulated losses -

Intangible assets

(Above statement /certificate as certified by Statutory Auditor/ Registered Chartered Accountant shall

have to be provided)

Seal and Signature of Statutory Auditor / Registered Chartered Accountant with Registration

(Also provide copied of audited financial statements for last three years)

Seal and Signature of Statutory Auditor / Registered Chartered Accountant with Registration

VOL -1 Technical Bid |

Summary of Similar nature of projects (as defined in clause 3.1(b) of ITB)

completed in last seven years.

Bidders shall provide information on such similar projects executed during last

years in the form of a table as given below:

Name of Bidder:

Name of Name of contract Name of consulting Contract Value of work Actual Actual Evidence

Employer location and Engineer or agency amount in completed and date of date of provided

nature of their responsible for Indian certified in start work from

work supervision Rupees & Indian Rupees work completion client

Bidder shall provide evidences in terms of Work Orders AND project completion

certificates from client for all mentioned projects from clients. Contractor should be

the Sole bidder of the projects listed/mentioned above. Projects executed as a Joint-

venture shall not be mentioned.

VOL -1 Technical Bid |

Summary of Current Contract Commitments/ Works in Progress

Bidders must provide information on its current commitments on all similar civil contracts that

have been awarded or for which a letter of intent or acceptance has been received, or for contracts

approaching completion, but for which full completion certificate has yet to be issued.

Name of Name of Name of Contract Value Value Actual Estimated

Employer the contract consulting g amount in of work of date of completion

location and Engineer or Indian completed and outstanding start date

nature of agency Rupees & certified in work

their work* responsiblefor date of Indian Rupees (in Indian

supervision contract Rupees)

Bidder shall provide evidences in terms of Work Orders, Letter of Acceptance, etc. for all

such projects mentioned in the table. Contractor should be the Sole bidder of the projects

listed/mentioned above. Projects executed as a Joint-venture shall not be mentioned.

Performa for declaration regarding works on hand with the tenderer:

Sr. N. Name of Estimated Date of issue Stipulated period of Amount of Brief Name Litigation

work with Cost of work order completion work done details of of /dispute if any

place delay, if Client

ALL PROJECTS BIDDED LIST OF PROJECTS BIDDED BUT NOT AWARDED.

Employer of Consultant Location and Value of Date of bid Expected date of Staff connected on Position in

Employer Supervising, description of Contract in award the project Bid if known

if any Company Indian

NOTE: - A Certificate from Qualified Chartered Accountant shall be attached. Contractor should be the Sole bidder of the

projects listed/mentioned above. Projects executed as a Joint-venture shall not be mentioned.

VOL -1 Technical Bid |

Details of Project Manager and Key Personnel

The Bidder shall provide the details and information of availability of key personnel in table

provided below. (See Clause 3.1 (L) of Instructions to Bidders section):

Sr. Name of the Total Expertise/

Designation Qualifications

No. Employee Experience Skill set

Bidder is also required to provide the CVs along with qualification certificates of all personnel as

mentioned in the table above in the following format:

Sr. Particulars

2 Qualification

3 Project details on which Name of the Project:

personnel has working Details of the Project:

Experience Tenure for which the personnel worked on that Project:

4 Any other important information

5 Signature of the personnel

NOTE:-Contractor shall submit all Documents related to the employment of the staff within 15 days

of allotment of work.

VOL -1 Technical Bid |

Power of Attorney

(On a Stamp Paper of appropriate value also notarized)

(Applicable in case of bid not being signed by the person directly authorized by the firm)

Deputy Commissioner,

Surat Municipal Corporation,

REF: Your Tender Ref.: <Name of the tender, tender no., Issue date, etc.>

<Bidder’s name> hereby authorizes <Designated Representative’s name> to act as a

representative of <Bidder’s name> for the following activities vide its Board Resolution/ Power

of Attorney attached herewith.

To attend all meetings with Surat Municipal Corporation or other entities associated with tender

for Maintenance And Repairing Work Of Surat Castle Located At Chowk Bazaar, Surat.

and to discuss, negotiate, finalize and sign any bid or agreement and subsequent Contract.

Yours faithfully,

<Signature of appropriate authority of the Bidder >Name of

appropriate authority of the Bidder:

<Signature and name of the Designated Representative of the Bidder for acceptance of this Power

<Name of Bidder >

Encl: Board Authorization

VOL -1 Technical Bid |

Affidavit on Rs.300 Non Judicial Stamp Paper

(To be provided by Bidder)

It is certified that the information furnished here in and as per the document submitted is true and

correct and nothing has been concealed or tampered with. We have gone through all the conditions

of tender and are liable to any punitive action for furnishing false information/ documents.

Dated this ____ day of _______ Year _________

In the capacity of duly authorized to sign bids for and on behalf of:

To be signed by:

Authorized Signatory with name and designation

VOL -1 Technical Bid |

Anti-Blacklisting Certificate

(On a Stamp Paper of Rs.300)

(To be provided by Bidder)

I/We M/s. _______________ (Name of the Bidder along with name and address of registered

office) hereby certify and confirm that we or any of our promoter/ s/ director/s are not barred by

Government of Gujarat (GoG)/ any other entity of GoG or blacklisted by any state government

or central government/ department/ agency/local self Government/Surat Municipal Corporation

in India from participating in Project/s, either individually or as member of a Consortium as on

_______ (Bid Submission Date).

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

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

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

agreement period. Dated this ____ day of Year _________

To be signed by:

Authorized Signatory with name & designation

Name of the Bidder

VOL -1 Technical Bid |

Availability of Equipment’s (Clause 3.1 (i))

Sr. No. Equipment Year of Current Ownership detail Remarks

Name purchase status

VOL -1 Technical Bid |

AFFIDAVIT FOR SITE VISIT

(On Rs 300/- government stamp paper)

I hereby assure that, I/my authorized representative have visited and examined the site fully and

have considered all the parameters including visible/hidden hindrances which may or may not

be affect quoting of bid as well as execution.

Yours faithfully,

Authorized Signature

Name and Title of Signatory

Name of Agency.

VOL -1 Technical Bid |

SECTION IV (A)-GENERAL CONDITIONS OF CONTRACT

Table of Contents

A. General B. Time Control

1. Definitions 38. Progress Schedule

2. Interpretation 39.Approval by the Engineer for Temporary

3. Scope of Work 40. Extension of the Intended Completion Date

4. Language and Law 41. Delays Ordered by the Engineer

5. Engineer-In-Charge 42. Management Meetings

6. Delegation 43.Liquidated Damages

7. Communication C. Quality Control

8. Joint Venture 44. Accuracy

9. Assignment 45. Works to be under direction of Employer

10. Sub-letting 46. Quality Checks Register

11. Documents mutually explanatory and 47. Identifying Defects

12.Subcontracting 48. Tests

13.Programme of works 49. Correction of defects or unsatisfactory &poor

14. Disposal of surplus excavated materials D. Cost Control

15.Patented Devices, materials and processes 50. Bills of Quantities

16. Trespass 51. Variations in Quantities

17. Police protection 52. Payment for Variations

18.Office set up at the site 53. Payment Certificates and Payment

19.Obligations of Contractor 54. Tax

19.1 General Obligations of Contractor 55. Currencies

19.2 Cooperation with Other Contractors 56. Retention

19.3 No Advertisement on Corridor by 57. Performance Security

19.4 Employment of competent Personnel 58. Price Variation

19.5 Contractor to carry out the Works 59. Cost of Repairs

19.6 Electricity, Water and other services 60. Events Leading to Extension of Intended

Completion Date

19.7 The Works are to Be Completed by 61. Damages by storms, fire, rain or accidents.

theIntended Completion Date

19.8 Safety 62. Cooperation with other construction agencies.

19.9 Liability in case of Damage done in

63. Price Escalation

surrounding areas

19.10 Obligations regarding labour laws E. Finishing the Contract

19.11 Contractor to Execute the Works 64. Completion Certificate/ Final Certificate

19.12 Obligations relating to Ownership 64.1Test on Completion

ofContractor Company

19.13 Contractor’s Risk 64.2 Completion Certificate

VOL -1 Technical Bid |

19.14 Approval of temporary work 64.3 Rescheduling of Tests

20. Obligations of Employer 64.4 Clearance of Site

21. Liability of accidents to persons 64.5 Taking Over

22. Residential accommodation and sanitary and 65.Defect Liability Period

medical arrangements to be provided to the

labours employed by the contractor.

23. Change in prices, rates, wages & taxes etc. 66. Remedy of Defects or Poor Quality Work

Subsequent to the acceptance of the tender. During the Defect Liability Period

24. Permits licences, priorities, certificates etc. 67. Certificate of Performance

25.Insurance during the Construction Period and 68. Maintenance during Defect Liability Period

Defect Liability Period

25.1 Application of Insurance Proceeds 69. Maintenance Manual and Drawings

25.2 Insurance by Sub Contractors

25.3 Validity of the Insurance Cover 70. Final Account

26. Discoveries 71. Termination in Event of Default of Contractor

27. Possession of the Site 72. Termination Payment for Event of Default

28. Supervision of Works 73. Property

29. Instructions and Actions where no 74. Indemnity

30. Dispute Redressal System 74 75.Force Majeure

31.Claim for compensation for delay in the 76 Survival

starting of work

32.Claim for compensation for delay in the F. Schedule – A

execution of work

33. Entering Upon and Commencement of work 77. Cement, steel & other materials

34. Fair Wages to Contractor’s workers 78.Responsibility of contractor under construction

and demolition waste (c & d waste) rules

35 Severability and Waiver 79 .Monsoon

36.Representation and Warranties of Contractor

37.Representation and Warranties of Employer

Date & Signature of the Contractor Executive Engineer

Surat Municipal Corporation

VOL -1 Technical Bid |

Terms which are defined in the Technical Specifications are not defined in the Conditions of

Contract but have their defined meanings. Capital initials are used to identify defined terms.

"Client" shall mean "The Commissioner, Surat Municipal Corporation, Surat or his authorized

City Engineer/Deputy Commissioner/equivalent" who is the authority vested with all powers in

implementing the project in execution through his Engineer-in-charge or any other authorized

“Employer” means The Surat Municipal Corporation and is the party who will employ the

Contractor to carry out the Works.

“Engineer” shall mean the officer of CLIENT who is designated as such for the time being in

whose jurisdiction the work lies.

“Contractor” shall have the meaning attributed thereto in the array of Parties here in above as set

forth in the Recitals.

Accounting Year means the financial year commencing from the first day of April of any

calendaryear and ending on the thirty-first day of March of the next calendar year.

Applicable Laws means all statutes and laws promulgated or brought into force and effect by the

Central Government of India or any State Government(s) or Local Government(s), including

regulations and rules made by them, and judgments, decrees, injunctions, writs and orders of any

court of record, as may be in force and effect during the subsistence of this Agreement or

Applicable Permits means all clearances, permits, authorizations, consents and approvals required

to be obtained or maintained under Applicable Laws in connection with the constructions,

operations and maintenance of the Works/Project during the subsistence of this Agreement.

Bid shall mean all necessary submission pursuant to Eligibility and Qualification requirement as

per the Tender document (hereunder called “Eligibility and Qualification Submission”), Price Bid

submission online through www.smctender.nprocure.com.

Bill of Quantities means the priced and completed Bill of Quantities as specified in Section VI of

this Tender and forming part of the Bid.

Completion Date is the date of completion of the Works as certified by the Engineer and

Completion Certificate issue accordance with Clause 64.2 of General Conditions of Contract.

Completion Period shall be 12 (Twelve) Months (Excluding monsoon) from date of issue of

Notice of Award.

Contract or Agreement is the Contract between the Employer and the Contractor to execute,

complete, and maintain the Works. It consists of the documents listed in Clause 2.2 of General

Conditions of Contract.

Contractor is a person or corporate body whose Bid to carry out the Works, including routine

maintenance, has been accepted by the Employer.

Contractor's Bid is the completed bidding document submitted by the Contractor to the Employer.

Contract Price/Bid Price is the price stated in the Letter of Acceptance and thereafter as adjusted

in accordance with the provisions of the Contract.

VOL -1 Technical Bid |

Contract Period shall start from the date of issue of Notice to Proceed and end at end of Defect

Liability Period.

Days are calendar days; months are calendar months.

Defect is any part of the Works not completed in accordance with the Contract.

Defects Liability Period: The Defect Liability Period for whole work shall be 1 years from

date of issue of Completion Certificate. Water proofing items Defect Liability Period shall be

10 years from date of issue of Completion Certificate. Contractor will furnish Guarantee Bond

for water proofing items for the duration of 10 years.

Drawings include drawing specified in section VIII and calculations and other information

provided or approved by the Engineer for the execution of the Contract.

Estimated Project Cost means Engineer’s estimates of value of Works as specified in point 1 of

Invitation for Bidder (IFB) section.

Eligibility and Qualification Submissions is defined in clause no 11 of Instruction to Bidder

section. It comprises all necessary PQ supporting documents specified in clause 3.2 of ITB,

Tender Fee and EMD as per relevant clauses of ITB and addenda, corrigendum if any. Eligibility

and Qualification Submission shall be submitted online.

The Price Bid shall be dully signed and submitted in online format only. While form No. 1 to

dully filled and signed as specified in section III of ITB shall be submitted online and mentioned

in as per. IFB-18(Page N0-9) document Submited in Hard Copy at the time, mode, address and

place specified in Tender Notice.

Employer is the party (Surat Municipal Corporation or SMC), who employs the Contractor to

carry out the Works, including routine maintenance during the Defect Liability Period, Employer,

may delegate any or all functions to a person or body nominated by him for specified functions.

The Engineer is the Deputy Commissioner or Construction Supervision Consultant as appointed

by the Employer (or any other competent person appointed by the Employer and notified to the

Contractor, to act in replacement of the Engineer) who is responsible for supervising the

execution of the Works and administering the Contract. He is also known as Engineer in Charge

or Engineer-in-Charge.

Engineer In Charge, The “Engineer in charge” or the “Engineer” shall mean the technical person

designated as such by the owner from time to time and shall include those who are expressly

authorized by the Municipal Corporation to act for and in its behalf for the operation of this

contract viz, Executive Engineer of concerned department.

Equipment is the Contractor's machinery and vehicles brought temporarily to the Site to construct

Force Majeure Event shall have the meaning set forth in Clause 75 of this GCC.

Good Industry Practice shall mean the exercise of that degree of skill, diligence, prudence and

foresight in compliance with the undertakings and obligations under this Contract which would

reasonably and ordinarily be expected of a skilled and an experienced person engaged in the

implementation, operation and maintenance or supervision or monitoring thereof of any of them

of a project similar to that of the Project.

Initial Contract Price is the Contract Price listed in the Employer's Letter of Acceptance.

VOL -1 Technical Bid |

Intended Completion Date is the date on which it is intended that the Contractor shall complete

the Works. The Intended Completion date shall be 12 Months (Excluding monsoon) from the

date of issue of Notice to Proceed. The Intended Completion Date may be revised only by the

Engineer by issuing an extension of time.

Materials are all supplies, including consumables, used by the Contractor for incorporation in the

Material Adverse Effect means any act or event of either Party which causes a material financial

burden or loss to the counter party.

Parties shall mean the parties to this Agreement and “Party” shall mean either of them, as the

context may admit or require.

Performance Certificate is the certificate issued by Engineer, after the Defect Liability Period has

ended and upon correction of Defects by the Contractor to the satisfaction of Engineer.

Plant is any integral part of the Works that shall have a mechanical, electrical, electronic,

chemical, or biological function as may be required for execution of this Contract.

Routine Maintenance is the maintenance of corridors for the Defect Liability Period.

Site/ Project Site is the area defined in which project is executed.

Site Investigation Reports are those that were included in the bidding documents and are reports

about the surface and subsurface conditions at the Site.

Start Date the start date shall be date of issue of notice to proceed with the work and possession

of site given to the Contractor.

Tender Document shall comprise signed copy of Volume-I( Technical Bid) ,Volume-II(Price

Bid),Volume-III (Technical Specification Civil) ,Volume-IV( Technical Specification Electrical),

Volume-V(Drawings). All Such Document (duly signed & stamped) in Hard copy shall be

submitted by successful bidder upon intimation from SMC.

Technical Specifications means the Specifications of the Works as mentioned in Section V and

included in the Contract and any modification or addition made or approved by the Engineer.

The Owner/Employer shall mean Surat Municipal Corporation, Surat represented by Municipal

Commissioner/City Engineer/Deputy Commissioner or any officer authorized by the Surat

Municipal Corporation

Termination shall mean early termination of this Agreement pursuant to Termination Notice or

otherwise in accordance with the provisions of this Agreement but shall not, unless the context

otherwise requires, include expiry of this Agreement due to efflux of time in the normal course.

Termination Date shall mean the date specified in the Termination Notice or Notice of

Termination as the date on which Termination occurs.

Termination Notice means communication issued in accordance with this Agreement by one

Party to the other Party terminating this Agreement.

Temporary Works are works designed, constructed, installed, and removed by the Contractor that

are needed for construction or installation of the Works.

Quantity Variation means difference in quantities of items from estimated and actual, which is

required to complete the Work as per the Technical Specification.

VOL -1 Technical Bid |

Vandalism means destroying or damaging project property, deliberately and for no good reason

by the persons other than the employee or sub contractor of the Contractor.

Works or Project is defined as the scope of works defined in clause 1 of Instructions to Bidders

and clause 3 of GCC or elsewhere specified in this Bidding documents, which contractors shall

be required to perform (construct, install, maintain, and give back to the Employer).

2 Interpretation

2.1 In interpreting these Conditions of Contract, singular also means plural, male also means

female or neuter, and the other way around. Headings have no significance. Words have their

normal meaning under the language of the Contract unless specifically defined. The Engineer

will provide instructions clarifying queries about these Conditions of Contract.

2.2 Thefollowing documents shall be deemed to form and be read and construed as part of

Agreement/Contract, and shall be interpreted in the following order of priority:

1) Agreement signed between two parties

2) Any correspondence between the two parties that the signatories have agreed to include as

part of the Agreement for validating and clarifying any points in the Agreement, or by way

of revised or improved understanding of any terms of the Agreement

3) Notice to Proceed with the Work.

4) Letter of Acceptance.

5) Special Conditions of Contract

6) General Conditions of Contract and any other terms specified elsewhere in the Tender.

7) Technical Specifications as mentioned in this tender document.

8) Technical Specifications - Revised Clauses

9) Technical Specifications - Additional Special Specifications.

10) Scope of work

11) Performance Security

13) Bill of Quantities.

14) Contractor's Bid.

15) Any modification/amendments issued by Employer prior to bid submission date.

It is clarified that in case of conflict between the documents mentioned above, the detailed

terms specified in the Agreement, the Agreement shall have overriding effect.

2.3 Priority of Contract Documents

In case of any ambiguities or discrepancies, the priority shall be as under:

1. Letter of Acceptance

2. Priced Bill of Quantities, Correspondence after submitting bid and before letter of

acceptance / modification/ addenda.

3. Additional Technical Specifications.

5. Special Conditions of Contract; contract data.

6. General Conditions of Contract

7. Additional/General Conditions of Contract

3 Scope of Work

The Scope of the Work of this Project shall mean and includes followings.

VOL -1 Technical Bid |

1. 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 of the maintenance work till completion. All materials that go with the

work tests as required and provision of standard specification and furnish test report from

acceptable testing laboratories shall be approved by the Engineer-in-charge prior to

procurement and use.

2. Performance and fulfillment of all obligations of the Contractors in accordance with

the provisions of Contract Conditions and matters incidental thereto or necessary for the

performance of any or all of the obligations of the Contractor under this Contract.

4 Language and Law

The language of the Contract documents is English and the law, which applies to the

Contract, is the law of Union of India and applicable State laws of Gujarat State.

5 Engineer – In-charge

5.1 Authority of the Engineer-in-charge:

Save in so, as it is legally or physically impossible, the contractor shall execute, complete and

maintain the works in strict accordance with the contract under the directions and to the entire

satisfaction of the Owner/Employer / Engineer-in-charge and shall comply with and adhere

strictly to the Owner/Employer/Engineer-in-charge’s instructions and directions on any matter

(whether mentioned in the contract or not).

Subject to over all control of Owner/Employer / Engineer-in-charge, he shall decide all issues

which may arise as to quality and acceptability of materials furnished and work executed,

manner of execution, rate of progress of the works, interpretation of the plans and

specifications and acceptable fulfillment of the contract on the part of the contractor etc. He

shall determine the amount and quality of work performed and materials furnished and his

decision and measurements shall be final. In all such matters and in any technical questions

which may arise touching the contract, his decision shall be binding on the contractor.

The Owner/Employer / Engineer-in-charge shall have the power to force such decisions and

orders if the contractor fails to carry them out promptly. If the contractor fails to execute

work ordered by the Owner/Employer / Engineer-in-charge, he may give notice to the

contractor specifying a reasonable period therein and on the expiry of that period, proceed to

execute such work as may be deemed necessary and recover the cost thereof from the

The Engineer-in-charge shall have no authority to alter or waive the provision of plans and

estimates and specifications or to relieve the contractor of any of his duties or obligations

under the contract except with the full concurrence of competent authority of the

Owner/Employer. He shall however have the authority to inform the contractor in writing to

replace any materials considered defective and to suspend, re-do or rectify any work

improperly performed or not according to plans and estimates or specifications in his

judgment and the contractor shall comply with all these requirements forthwith.

5.2 Authorized Representative of Engineer-in-charge:

The owner may employ supervision consultants who will act in the capacity of

authorizerepresentative of the Engineer–in-Charge. The supervision consultants will be

responsible for day to day supervision of works, to test and examine any materials to be used

or workmanship employed to ensure that the works are performed in conformity with the

plans, estimates and specifications in all respects and to keep the Engineer-in-charge informed

as to the progress of the works and the manner in which they are done. The powers which may

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be delegated to the supervision consultants by the Owner/Employer shall be binding on the

5.3 Limitations of Engineer-in-charge and his Representative:

Failure of the Owner/Employer’s supervision consultant to disapprove any work or materials

shall not prejudice the power of the Engineer-in-charge thereafter to disapprove such work or

materials or to order pulling down, removal or breaking up thereof. If the contractor shall be

dis-satisfied by any reason on decision of the Engineer-in-charge or his representative, he

shall be entitled to refer the matter to the higher authority in Owner/Employer who shall

there upon confirm reverse or vary such decision, if considered necessary in terms of contract

5.4 Except where otherwise specifically stated, the Engineer-in-charge will decide contractual

matters between the Employer and the Contractor in the role representing the

Employer.However, if the Engineer is required under the rules and regulations and orders of

the Employer to obtain approval of some other authorities for specific actions, he will so

obtain the approval.

5.5 Except as expressly stated in the Contract, the Engineer shall not have any authority to

relieve the Contractor of any of his obligations under the contract.

The Engineer, with the approval of the Employer, may delegate any of his duties and

responsibilities to other people, after notifying the Contractor, and may cancel any

delegation after notifying the Contractor.

7. Communications

Communications between parties that are referred to in the Conditions shall be effective

only when in writing. A notice shall be effective only when it is delivered.

8. Joint Ventures

Consortium/Joint Venture is not allowed to participate in Bid. The Contract shall be

terminated if Single Contractor forms Joint Venture/Consortium after award of Work.

The contractor shall not assign, transfer or otherwise dispose of the contract or any part

or share thereof, in respect of any right, title, benefit or interest thereof or there under,

without the written consent of the Engineer-in-charge. No installment or other sum of

money become payable under the contract shall be payable to any person other than the

contractor, unless the written consent of the Engineer-in-charge to the assignment or

transfer of such money to such person, be produced when such payment is claimed as

10. Sub-letting

The contractor shall not sublet the whole or part of the works except where otherwise

provided by the contractor for any of the works, with the written consent of the client not

withstanding such consent, the contractor shall not be relieved of any of his liabilities or

obligations under the contract and he will stand responsible for all the acts, defaults and

neglects if any, by such sub contractor, his agents, servants or workmen as if they were

the acts, defaults and neglects of the contractor himself, provided always that the

provision of labour on a piece work basis shall not be deemed to be a subletting under

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When asking consent from the client, the contractor shall submit names of sub-contractors

and of the actual makers in case the sub-contractors are not the actual makers. If and when

the client has consented in writing, the contractor shall send two copies of the sub contract

to the engineer-in charge.

The sub contract or sublet order shall contain all necessary information’s given in the

specifications of the contract to enable sub-contractor supply the materials or execute the

work in accordance therewith and adhere to the time in which the sub-contractor is to

procure the materials and complete the works.

11 Documents mutually explanatory and complementary:

The several documents forming the contract are essential part of the contract and a

requirement occurring in one is as binding as though occurring in all. They are intended to

be mutually explanatory and complementary and to describe and provide for a complete

In the event of any discrepancy between the several documents forming the contract in any

one document, the following order of precedence shall apply.

11.1 Dimensions and quantities.

ii. Bill of Quantities.

iii. Broad specifications given in the tender, on drawings.

Figured dimensions unless obviously incorrect will be followed in performance to scaled

11.2 Description:

i) Bill of Quantities.

iii) Broad specifications given in the tender

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

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

the best modern practice is to be followed and the contractor shall forthwith comply with

such instructions without any extra cost.

The contractor shall take no advantage of any apparent error or omission in drawings or

specifications or in Bill of Quantities and the Engineer-in-charge shall be permitted to

make such corrections and interpretations as necessary to fulfill the intent of the plans and

specifications.

12 Subcontracting

12.1 The contractor may subcontract with the approval of the engineer but may not assign the

contract without the approval of the employer in writing. Subcontracting does not alter the

contract’s obligations and it shall not absolve Contractor from its obligations.

12.2 Any default of the sub-contractor shall not absolve the Contractor from its obligations.

13 Programme of works:

The contractor shall furnish detail programme of work with CPM/PERT chart and cash flow

chart in writing for approval of the Owner/Employer / Engineer-in-charge, within 30 days

after the work order to commence execution of the work contract is given and wherever

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required thereafter, a programme of construction and no change shall be made, except with the

approval of or at the instance of the Owner/Employer / Engineer-in-charge.

The approval of a programme shall not relieve the contractor of any of his duties and

responsibilities under the contract. The adoption of any modification in the programme

required by the Owner/Employer /Engineer-in-charge to make good deficiency in progress

shall not entitle the contractor to any extra payments etc.

14 Disposal of Surplus Excavation Materials:

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

the site as directed. after compaction and consolidation, if any short fall of earth is found

then contractor has to bring the same to the required quantity in order to meet shortfall at his

own cost. More over, if any settlement of road after reinstatement is 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.Surplusearthshall not be

disposed off in a way that leads to nuisance to the public or SMC.

15 Patented Devices, materials and Processes:

Whenever the contractor desires to use any design device, drawing information’s, materials

or process covered by a patent or copyright, he shall procure the rights for such use by

suitable legal agreement with the patentee or owner at his own expenses and a copy of the

agreement shall be filed with the Engineer-in-charge.

The contractor shall indemnify the Owner/Employer from and against all claims,

proceedings damages, costs and expenses which may be brought or made against the

Owner/Employer or to which they may be put by reason of the contract infringing or being

held to have infringed any patent rights or copyright in relation to any design, device

drawing, materials or process at anytime during the prosecution or after the completion of

the work and in the event of any injunction being obtained against the use of the same, the

contractor shall replace the same with other materials design, drawing, device, process

etc. which do not infringe any such patent right or copy right, to the satisfaction of the

Engineer-in-charge.

The contractor shall at all times be responsible for any damages due to trespass committed

by his agents and work people in carrying out the work, unless authorized by the Engineer-

in-charge in writing in which case, all repair work shall be done by the contractor at his own

cost to restore the original condition.

17 Police protection:

If the police is asked for by the contractor for special protection of his camp of work, the

Owner/Employer may issue recommendation letter for such protection so far as possible with

the authorities concerned and the full cost of such protection shall be paid by the contractor

directly to the concerned police station.

18 Office set up at site:

The Contractor has to set up a site office at a centrally located area making it accessible from

all the work area, which shall be mutually agreed upon with SMC/Employer. The office shall

have computer facilities with printers and Internet connection for Email Correspondence

VOL -1 Technical Bid |

ensuring faster communication. The contractor should also have Digital Camera with Data

Transfer capabilities at the site. The contractor shall take photographs of site prior to

commencement of work, during construction and after completion of work as suggested and

shall submit the photographs in soft and hard copies to SMC. The Contractor is also required

to provide office space for ProjectConsultant/ Employer’s representative as directed by

Engineer In charge.

19 Obligations of the Contractor

19.1 General Obligations of Contractor

a) Subject to and terms and conditions of this Contract, the Contractor at its cost and

expense shall undertake survey, engineering, procurement, construction and

maintenance of the Project and fulfill, comply with all obligations set out in the

Contract Conditions, Scope of Work, Technical Specifications and Drawings.

b) Comply with applicable laws and permits in performance of its obligations during

Construction and Maintenance Period.

c) Performance of all obligations under this Contract in accordance with the Good

Industry Practice and as a reasonable and prudent person.

d) The Contractor shall remedy all loss or damage to the Project or Material to be

incorporated in the Project from the Start Date till the end of the Defect Liability Period

at Contractor’s cost if such loss or damage is attributable to the Contractor’s acts or

e) Make efforts to maintain harmony and good industrial relations among the personnel

employed in connection with the performance of the Contractor’s obligations under this

f) Contractor shall not do or omit to do any act, deed or thing which may in any manner

be violate any of the provisions of the Contract/Agreement.

g) Contractor shall support, cooperate with and facilitate the Employer in the

implementation and operation of the Project in accordance with the provisions of this

h) The Contractor should take up the Works as decided by the Engineer to ensure there is

least hindrance to the smooth flow of traffic including movement of vehicles and

equipment of other Contractors till the completion of the Works.

i) Contractor shall take insurance policies of Works, Plant& Materials, its employees and

Third party insurance as per the provision of this Contract.

j) The Contractors shall also give a list of machineries in his possession and that he

proposes to use the work.

k) The Contractor is responsible for safety of its people deployed on Project. He shall

have to arrange for the supply of gumboots, Hand gloves, mask etc. invariably to the

labourers/workers engaged by the contractor on work.

l) The Contractor shall have to deploy adequate plant, machinery, manpower, equipment,

DG set, supervisory staff etc to carry out simultaneous work on all locations.

VOL -1 Technical Bid |

m) The Contractor shall deploy adequate and good quality of Equipments required for

maintenance of the Project. It also has to abide by the direction Engineer during the

n) The Contractor shall not have any legal rights on the Site and the Contractor is required

to use Project site to carry out the Project Works only.

o) No waiving of legal rights and powers:

The Owner/Employer shall not be precluded or stopped by any measurement, estimates

or certificate made either before or after the completion and acceptance of the work and

payment therefore, from showing the true amount and character of the work

performed and materials furnished by the contractor and from showing that any

measurements, estimate or certificate is untrue or incorrectly made, and that the

Owner/Employer shall not be precluded or stopped from recovering from the contractor

such damages as it may sustain by reason of his failure to comply with the terms of the

contract. Neither the acceptance by the Owner/Employer or any representative of the

Owner/Employer nor any payment for or acceptance of the whole or any part of the work

nor any extension of time nor any possession taken by the Owner/Employer shall operate

as a waiver of any portion of the contractor any power herein reserved or of any right to

damages. A waiver of any breach of the contract shall not be held to be a waiver of any

other or subsequent breach.

p) The Contractor is required to provide the colour photograph displaying the date and

time of Completed Work along with the Bill as and when demanded by Engineer In

19.2 Cooperation with Other Contractors

The Contractor shall cooperate and share the Site with other Contractors, public

authorities, utilities and the Employer if Employer so demands or as referred in

Technical Specifications. The Contractor shall also co-operate with them or provide any

facilities as demanded by Employer.

19.3 No Advertisement on Project Corridor by Contractor

Project or any part thereof shall not be used in any manner to advertise any commercial

product or services by Contractor. It is agreed that Contractor can only display diversion

or safety related displays during the execution of Works only.

19.4 Employment of competent Personnel

a) The Contractor shall employ competent technical personnel or other technical persons

approved by the Engineer for the construction work and maintenance works of the

Project. The Engineer willapprove any proposed replacement of technical personnel only

if their relevant qualifications and abilities are substantially equal to or better than

existing competent technical personnel.

b) If the Engineer asks the Contractor to remove a person who is a member of the

Contractor's staff or work force, stating the reasons, the Contractor shall ensure that the

person leaves the Site within seven days and has no further connection with the Works in

c) The Contractor shall not employ any retired officer who has worked in the Engineering

Department of the Surat Municipal Corporation and has either not completed two years

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after the date of retirement or has not obtained Surat Municipal Corporation’s permission

to employment with the Contractor.

19.5 Contractor to carry out the Works

a) The Contractor shall carry out engineering, survey, construction, repair and maintain

the Works in accordance with the Technical Specifications, Scope of Work, Drawings

and Good Industry Practice at Project Site as per the direction of Engineer-in -charge.

Any breach or deviation from the Technical Specifications, quality, and Safety

aspects leads to Damages and Penalties. The Damages and Penalties shall be

commensurate with the type and nature of the Default or breach. The deviation from

the Technical Specifications shall only be permitted to the extent permitted by

b) Contractor shall bear full risk in and take full responsibility for the care of the

Works/Project and Materials, equipment’s for incorporation therein from Start Date

until the end of Defect Liability Period except to the extent that any loss of or damage

to the same shall arise out of any default or neglect of Employer.

19.6 Electricity, Water and other services

a) Water Supply: The contractor shall arrange at his own cost, a suitable supply of potable

water for the construction of the works. The Contractor is required to provide Test

certification of Water quality from approved laboratory to Engineer for its approval

prior to its use for Construction Work. All cost related to water supply shall be borne

by the Contractor.

b) Electricity: The Contractor is required to make its own arrangement, at its cost, for

obtaining electricity connection. Payment of all costs in this regard will be the

responsibility of the contractors. In case if there is any delay in supply of power at site

or any interruption or fault in the power during the work. No compensation shall be

paid for idle labour staff, machineries and for use of diesel operating sets etc. as the

case may be and no extra time limit shall be granted. In case of failure of the non-

payment of power consumption charges, SMC reserves the right to deduct the same

from the RA/ Final Bills of the contractor.

c) The contractor will be required to arrange for total station survey for carrying out the

work and for measurements wherever needed as per the instruction of the Engineer-in-

Charge. No extra payment shall be made towards this.

d) Contractor will be required to establish a laboratory, fully equipped with test apparatus

as mentioned in Technical Specification.

e) The Contractor is also required to set up material storage area.

VOL -1 Technical Bid |

CONDITION FOR THE WATER SUPPLY & ELECTRIC SUPPLY

FOR WATER CHARGE (As per City Engineer Note No.386, dtd.30/7/2012) In case of

Municipal Network or distribution center available or not at nearby area

Contractor has to make his own arrangement for construction work whether from private

boring or tankers. Contractor has to submit test report of water weather it is of good quality

for construction work or not and contractor has to inform about it within 30 days of

starting the work. Contractor shall have to inform in writing in the case of using or making

own arrangement of water for the purpose of this work before starting the work.

If contractor wants to use Municipal Water, he has to follow procedure within below:

1. Contractor has to apply for water connection by Municipal Licensed plumber in prescribed

2. Contractor has followed all procedure with his own expenses.

3. According to rule of Surat Municipal Corporation issued bill to contractor for consumption

of water, contractor has to pay it within stipulated time and to submit one copy of bill and

payment receipt to concern department. If contractor fail to pay the amount of bill/paid

receipt, it can be recovered from contractor's bill.

4. If Municipal Corporation network is not available then Contractor can make arrangement of

water tanker from nearby distribution center after depositing required amount.

5. After completion of work contractor has to cancel the water connection and inform the

concerned department.

6. If network and distribution center/network are both not available in that case contractor has

to make his own arrangement for good quality construction water and has to follow the

7. The contractorshall makehis own arrangement at his cost for electric supplyrequired

foroperating various plants and machineries required for the works and for general

lighting purpose for site, office labour colony etc. The energy bills shall also be paid

by the contractor.

19.7 The Works are to Be Completed by the Intended Completion Date

The Contractor may commence execution of the Works on the Start Date and shall carry out

the Works in accordance with the Programme submitted by the Contractor, as updated with

the approvalof the Engineer, and complete them by the Intended Completion Date. Any delay

leads to the Liquidated Damages as specified under clause 43 of this General Conditions of

a) The Contractor shall be responsible for the safety in all activities on the Site and

safety of adjoining properties and adjoining property dwellers to the extent it (safety

of adjoining properties and adjoining property dwellers) is affected by construction

activities. The contractor is responsible to follow all the safety measures stated in BIS

throughout the ongoing work. He shall be responsible for any of damage, causalities,

and inconvenience due to lacking of safety on site and hence liable to compensate

VOL -1 Technical Bid |

/penalized for all such damage, causalities and inconvenience in terms of money as

decided by the engineer and such amount shall be deducted from his running

bill for that month or other deposits of contractor.

b) The contractor shall, unless otherwise specified, be responsible for the proper fencing,

lighting grading and taking of the necessary safety measures for all works comprised

in the contract and for the proper provision of temporary road, way, foot way, guards,

fences, caution notices etc., as far as the same may be rendered necessary by reasons

of the work for the accommodation of workmen, foot passengers or other traffic and

of owners and occupiers of adjacent property and the public and shall remain

responsible for any accidents that may occur on account of his failure to take proper

& timely precautions.

c) The contractor shall take all necessary precautions to prevent any nuisance or

inconvenience to the owners, tenants or occupations of adjacent properties and to the

public generally and to prevent any damage to such properties and any pollution. He

shall make immediately good at his own expense and the satisfaction of the Engineer-

in-charge, any damage to roads, paths, cross-drainage works, underground utilities

like water line, drainage network, cables of electric line, telephone line etc. or

public or private property when-so-ever and whatsoever caused due to the execution

of the work or by traffic brought thereon by the contractor. All waste or superfluous

materials shall be cleaned away by the contractor.

d) All the arrangements made for fencing and lighting shall be maintained by the

contactor throughout the contract till the physical taking over of the work by the

e) The Contractor shall provide all necessary personal safety equipment and first aid

apparatus available for the use of persons employed on the site and shall maintain

them in the same conditions suitable for immediate use at any time and shall comply

with the following regulations in connection there with :

f) The workers shall be required to use the equipment so provided by the Contractor and

the Contractor shall take adequate stops to ensure proper use of the equipment by

those concerned.

a) When work is carried on in proximity to any place where there is a risk of drawing all

necessary equipment shall be provided and kept ready for use and necessary steps

shall be taken for the prompt rescue of any person in danger.

b) Adequate provision shall be made for prompt first aid treatment or injuries likely to

be sustained during the course of the work.

c) The Contractor shall be responsible for and shall pay the expense of providing

medical to any workmen or any personnel who may suffer a bodily injury as a result

of an accident. If such expenses are incurred by the Employer the same shall be

recoverable from the Contractor forthwith and be deducted without prejudice to any

other remedy of Employer from any amount due to that may become due to the

19.9 Liability in case of Damage done in surrounding areas

a) Compensation for all damage done intentionally or unintentionally by Contractor's labourers

whether in or beyond limits of Municipal Corporation properties, Service Provider’s

properties, Any Government Agencies properties, all Third party properties whether

VOL -1 Technical Bid |

underground or above ground shall be estimated by the Engineer, or such other officer as he

may appoint and the estimates of the Engineer, subject to the decision of the Deputy

Commissioner, on appeal, shall be final and the contractor shall be bound to pay the amount

of the assessed compensation on demand, failing which the same will be recovered from the

Contractor as damages from Performance Security or deducted by the Engineer from any

sums that may be due or become due from Municipal Corporation to the contractor under

this contract or otherwise.

b) The Contractor shall bear the expenses of defending any action or other legal proceeding that

may be brought by any person for injury sustained by him owing to neglect of precautions to

prevent the spread of the fire and he shall also pay the damages and cost that may be

awarded by the court in consequence.

19.10 Obligations regardinglabour laws

The Contractor shall have to adhere to the applicable labour laws including for wages during

LABOUR LICENCE:-

Before starting the work, the Contractor will have to obtain the license from the District

Assistant Labour Commissioner under the Contract labour (Regulation and abolition) Act

1970 as contract labour (Regulation and abolition) Gujarat Rules 1972 after paying necessary

fees and deposit on the basis of the number of labourers to be employed on the work and will

have to supply two true copies of the said license to the Executive Engineer before starting the

19.11 Contractor to Execute the Works

i. The contractor shall execute the whole and every part of the work in the most substantial and

workman-like manner and both as regards materials and in other respects in strict accordance

with Technical Specifications, Drawings and Good Industry Practice.

ii. The contractor shall also conform exactly, fully and faithfully to the design, drawings and

instructions in writing for the work signed by the Engineer-in-charge. The design and the

drawings shall be lodged in the office of the Engineer-in-charge to which the contractor shall

be entitled to have access for the purpose of inspection at such office during office hours.

iii. Where the instructions referred to above are not contained in separate letters addressed to the

contractor the same shall be recorded in the work order book, which shall be maintained and

kept on the site of the work. The contractor shall be required to sign such entries in the work-

order book, which shall be maintained and kept on the site of the work. The contractor shall

be required to sign such entries in the work-order book in token of having noted the

instructions. However, if the contractor fails to sign the work-order book for any reason

whatsoever, the entry of the instructions in the work-order book shall be deemed to be the due

notice to him of the said instructions. The work-order book shall be open for inspections to the

contractor on the site of the work during office hours.

19.12 Obligations relating to Ownership of Contractor Company

Contractor shall not undertake or permit any changes in its ownership, except with the prior

approval of the Authority during the Construction Period.

19.13 Contractor’s Risk

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a) All risks of loss of or damage to physical property and of personal injury and death which

arise during and in consequence of the performance of the Contract on any default or neglect

of Contractor is the responsibility of the Contractor.

19.14 Approval of Temporary Work

(i) The Contractor shall submit Specifications and Drawings showing the proposed Temporary

Works to the Engineer, who is to approve them if they comply with the specifications and

(ii) The Contractor shall be responsible for design of Temporary Works.

(iii) The Engineer’s approval shall not alter the Contractor’s responsibility for design of the

Temporary Works.

(iv) All Drawings prepared by the Contractor for the execution of the temporary or permanent

Works, are subject to prior approval by the Engineer before their use.

20 Obligations of the Employer

20.1General Obligations of Employer

(i) Employer is responsible for correctness and completeness of the Scope of the Project.

(ii) Employer shall provide Site to Contractor for carry out its obligations under this Contract and

(iii) Procure all applicable permits relating to the environment protection and site conservation if

(iv) Upon written request from the Contractor, subject to Contractor complying with applicable

law, provide reasonable support to Contractor for obtaining applicable permits.

21 Liability of accidents to persons

21.1 Responsibilities and liabilities of the Contractor under Workmen's Compensation Act

following shall also apply:

a) On the occurrence of an accident, which result in death of workmen employed by the

contractor or which is so serious as is likely to result in death of any such workmen, the

Contractor, shall within 24 hours of happening of such accident(s) intimate, in writing to the

Engineer in charge the fact of such accident(s). The contractor shall indemnify Surat

Municipal Corporation (SMC) against, all loss or damage sustained by the SMC resulting

directly or indirectly from his failure to give intimation in the manner aforesaid including the

penalties or fines, if any, payable by the SMC as a consequence of SMC failure to give notice

under the Workmen's Compensation Act or otherwise to conform to the provisions of the said

act in regard to such accident(s).

b) In the case of an accident, in respect of which compensation may become payable under

Workmen's Compensation Act, whether by the contractor or by the Government as principal

Employer, it shall be lawful for the Engineer in charge to retain cut of money due and payable to

the contractor, such sum or sum of money as, may, in the opinion of the Engineer in charge, be

sufficient to meet such a liability. The opinion of the Engineer in charge shall be final in regard to

all matters arising under this clause.

c) In any event of death of the worker or employee of the bidder, SMC will not held responsible

in any case . If Police case occurs then it will be sole responsibility /liabilities of the successful

bidder and SMC will not held responsible for any case.

VOL -1 Technical Bid |

22 Residential accommodation and sanitary and medical arrangements to be provided to the

labour employed by the contractor:

a. Before opening a labour camp, the contractor shall obtain and follow the advice of the

Medical Officer of the City regarding the campsite, accommodation, water and food supply,

sanitary arrangement, etc.

b. The contractor shall build a sufficient number of huts for the labour on a suitable plot of land

according to the following specifications.

(i) A good site shall be selected; High ground removed from jungle but well provided with

trees shall be chosen wherever it is available. The neighborhood of heavily built up

areas should be particularly avoided. Camps should not be established closed to

railways, highways, and canals. When a good natural site cannot be procured, particular

attention should be given to drainage.

(ii) The lines of huts shall have open space of at least 5 meters between rows.

(iii) Huts of bamboos and grass may be considered.

(iv) There should be no overcrowding. Floor space on a scale of 30 sq. ft. per head shall be

(v) Care shall be taken to see that the huts are kept clean and in good order.

(vi) The contractor must find of his own the land for the purpose. If he wants

Owner/Employer’s hand, he should apply for it and pay assessment for it.

c. The contractor shall provide at his own cost an adequate supply of pure and potable water for

the labourers at a rate of not less than forty liter per head per day. No provision needs to be

made if there is well or adequate tap water arrangement within a half kilometer of the camp.

d. The contractor shall construct at his own cost trench or semi-permanent latrines for the

labourers on a scale of not less than five for every 50 persons or part thereof. Separate

latrines shall be provided for men and for women. The labourers may at their option be

allowed to use either the trench system or the latrine system.

e. The contractor shall construct at his own cost.

(i) Screened bathing places on a scale of not less than one for every 20 persons or part

thereof. Separate bathing place shall be provided for men and women.

(ii) Washing places for washing clothes on a scale of not less than one for every

persons or part thereof.

(iii) Efficient drainage arrangement for removing sludge water from bathing and washing

places and for its disposal without causing nuisance.

f. The contractor shall provide at his own cost necessary staff for effecting conservancy.

Sanitation and cleanliness to the satisfaction of the Engineer in charge. Sweepers shall be

employed on a scale of not less than one sweeper for every 200 persons or part thereof.

g. The contractor shall arrange at his own cost for all anti-malaria measures for the labour

employed on the work as directed by the medical officer health department.

h. The contractor shall provide at site, suitable measures for fire protection and control to the

satisfaction of the Engineer in charge. The land required for the erection / construction of

labour camp will have to be arranged by the contractor at his own cost. With land owners on

such terms as may be mutually agreed between the contractor and the owner. The SMC will

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however give assistance within its competence to enable him to obtain the land without

accepting any responsibility for delay if any.

i. The land required for the erection / construction of labour camp will have to be arranged by

the contractor at his own cost. With land owners on such terms as may be mutually agreed

between the contractor and the owner. The SMC will however give assistance within its

competence to enable him to obtain the land without accepting any responsibility for delay if

23 Change in prices, rates, wages & taxes etc. subsequent to the acceptance of the tender:

The contractor shall not be entitled to claim or any compensation on the ground that

subsequent to the acceptance of the tender, there was change in prices, rates & wages etc.

However, any new direct taxes imposed by Government during contract period should be

suitably reimbursed after verifying satisfactory production of documentary evidence. No

indirect taxes and /or any price variation on petroleum products and transportation will be

considered for payment.

24 Permits licensees, priorities, certificates etc:

The contractor shall make his own arrangements at his own cost, if required.

(a) To obtain permits, licensees, quota certificates, foreign exchange etc. for any materials or

items of work etc. if required by him.

(b) To obtain rail and other priorities for transport of his plants, tools equipment’s, stores,

machinery, materials, labour staff etc.

(c) To arrange with civil supply authorities for release of controlled goods if so, for his labour

The Owner/Employer will not undertake to arrange for these but will tender reasonable help

within its competence without accepting any responsibility for delay if any.

25 Insurance during the Construction Period and Defect Liability Period (Contractor’s All

Risk Policy (CAR Policy)

The Contractor shall, at its cost and expense, purchase and maintain during the Construction

Period and Defect Liability Period, such insurances as are necessary including but not

limited to the following:

(a) Fire and allied natural calamities for the Project;

(b) Contractor’s all risk insurance.

(c) Comprehensive third party liability insurance including injury or death to such thirdparties

who may enter or are in the vicinity of the Project Site;

(d) Workmen’s compensation insurance;

(e) Loss of or damage to property (except the Works, Plant, Materials, and Equipment) in

connection with the Contract; and

(f) Loss or damage to the plant, material and equipment.

(g) Personal injury or death of employee of Contractor/ Employer.

The contractor shall take “all contract risk insurance policy” for the estimated cost of the

work.“Workmen's compensation policy” for all workers and labourers of contractor and

Owner/Employer working at site and “Third Party Insurance Policy” to fully cover all

thirdpartytype risk. The insurance policy so taken by the contractor for such purposes shall

be in the joint name of the contractor and the Owner/Employer and the policy shall be

deposited with the Owner/Employer.

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Any other insurance that may be necessary to protect the Contractor, its employees and the

Project against loss, damage or destruction at replacement value including all Force Majeure

Events that are insurable and not otherwise covered in items (a) to (g).

Insurance policies and certificates for insurance shall be delivered by the Contractor to the

Engineer for the Engineer's approval before the Start Date and all such insurance shall

provide for compensation to rectify the loss or damage incurred or injury of death as

specified in clause 25.1 of GCC.

25.1 Application of Insurance Proceeds

(a) All money received under insurance policies shall be promptly applied by the Contractor

towards repair or renovation or restoration or substitution of the Project or any part thereof

which may have been damaged or destroyed.

(b) Contractor shall carry out such repair or renovation or restoration or substitution to the extent

possible in such manner that the Project, or any part thereof, shall, after such repair or

renovation or restoration or substitution is as far as possible in the same conditions as they

were before such damage or destruction, normal wear and tear excepted.

25.2 Insurance by Sub-Contractors

The Contractor shall ensure that similar insurance policies are taken out by his Subcontractor (if

any) and shall be responsible for any claims or losses to Employer resulting from their failure

toobtain adequate insurance protection in connection thereof. The Contractor shall procure or

cause to be produced by his SubContractors (if any) as the case may be relevant policy or

policies and premium receipts as and when required by the Engineer.

25.3 Validity of the Insurance Cover

The Contractor shall pay the premium payable on such insurance Policy/Policies so as to keep

the insurance in force and valid throughout the Construction and Defect Liability Period and

furnish copies of the same to the Employer for each year/policy period. If at any time

Contractor fails to purchase and maintain in full force and effect any and all of the Insurances

required under this Contract, the Employer may at its option purchase and maintain such

insurance and all sums incurred by the Employer therefore shall be reimbursed by the

Contractor forthwith on demand, failing which the same shall be recovered by the Contractor by

encashment of performance security or deduct from the remaining bills of the Contractor.

Anything of historical or other interest or of significant value unexpectedly discovered on the

Site shall be the property of the Employer. The Contractor shall notify the Engineer of such

discoveries and carry out the Engineer's instructions for dealing with them.

27 Possession of the Site

27.1 Contractor shall have to make their own arrangement for the land required for Plant, Casting

yardetc.Surat Municipal Corporation, upon written request of contractor, may arrange the land

for establishing the Batching Plant, Casting yard etc. as with charge of Rs. 10/Sq. Mt./month or

as per practice by SMC and which shall be deducted from R.A. bill generated by contractor. It

shall be clearly noted that SMC does not give any guarantee for providing such land. Delay in

providing land by SMC shall not alter or delay the overall project duration and time limit. Also

the same shall not be entertained for any sort of compensation and claim regarding the delay in

providing land for the same. The rental charges & taxes at prevailing policies shall be

applicable in case of land provided by SMC.

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28 Supervision of Work

All works under or in course of execution or executed in pursuance of the contract shall, at all

times be open to the inspection and supervision of the Engineer-in-charge and his subordinates

or its authorized representatives, the Contractor shall, at all times during the usual working

hours, and all other times for which reasonable notice of the intimation of the Engineer-In-

charge or his subordinate or its authorized representatives to visit the works shall have been

given to the Contractor, either himself be present to receive orders and instructions or have a

responsible agent duly accredited in writing present, for that purpose. Orders given to the

contractor's duly authorized agent shall be considered to have the same force and effect as if

they had been given to the Contractor himself.

29 Instructions and Actions where no specification is given

29.1 The Contractor shall carry out all instructions of the Engineer in Charge, which comply with

the applicable laws where the Site is located.

29.2 In the case of any class of work for which there is no such specification such work shall be

carried out in accordance with the event of there being no specification then in such case the

work shall be carried out in all respect in accordance with the instructions and requirements of

the Engineer-in-Charge.

30 Dispute Redressal System

30.1 Settlement of disputes

a) Except or otherwise specifically provided in the contract, all the disputes concerning

questions of fact arising under the contract shall be decided by the Engineer-in-charge,

subject to a written appeal by the Contractor to the Engineer-in-charge, and these decisions

shall be final and binding on the parties hereto. Any dispute or differences including those

considered as such by only one of the parties arising out of or in connection with this

contract shall be to the extent possible settled amicably between the parties. If amicable

settlement cannot be reached then all disputed issues shall be settled as provided in (b).

b) Dispute or difference to be referred to:

If at any time, any question, disputes or differences of any kind what so ever shall arises

between the Engineer and the Contractor upon or in relation to or in connection with this

contract, either party may forthwith give to the other, notice in writing of the existence of

such questions, disputes or differences as to any decision, opinion, instruction, direction

certificate or evaluation of the Engineer.

The question or difference shall be settled by the Municipal Commissioner, who shall state

his decision in writing and give notice of the same to the Engineer and to the Contractor and

such decisions shall be final and binding upon both parties to the contract and work on

contact if not already breached or abandoned shall proceed normally unless and until the

same shall be revised (or upheld) due to any judicial proceeding.

Should the Municipal Commissioner fail to give a decision within two (2) calendar months

after issuance of notice of a question, dispute or difference or if the Contractor is dissatisfied

with any such decision of the Municipal Commissioner, then the matter may be referred to

standing committeeofSuratMunicipal Corporation. Then also if the question or difference

remains unsettled and if the Contractor is dissatisfied with any such decision of standing

committee of SMC the question or dispute or matter may be referred to the court of law

subject to Surat Jurisdiction.

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31 Claim for compensation for delay in the starting of work

31.1 No compensation shall be allowed for any delay caused in the starting of the work on account

of clearance to be obtained by the Contractor or on account of any delay in according sanction to

32 Claim for compensation for delay in the execution of work

32.1 No compensation shall be allowed for any delay in execution of the work on account of delay

attributable to Contractor’s fault/breach.

33 Entering upon or commencing any portion of work

33.1 The Contractor shall not enter upon or commence any portion or work except with written

authority and instruction of the Engineer-in-Charge or of his subordinate in charge of the work

failing such authority, the Contractor shall have no claim to ask for measurements of or

payment for work.

34 Fair Wages to Contractor’s workers

34.1 If a contractor fails to pay within "7' (seven) days to its labourer(s) employed for this

Project, the minimum wages prescribed by the Government under the Minimum wages. Act

1948 as in force time to time the Engineer-in-Charge shall be at liberty of deduct the amount

payable to the labourer(s) worker(s) from his Contractor's bill or deposit(s) payable by the

contractor after making due inquiries and establishing the claim(s) of the labour(s)

Worker(s) The Contractor shall not be entitled to any payment or compensation on account

of loss that he contractor may have to incur on account of the action as forced a notice in

writing to be Contractor shall be issued by the Engineer-in-Charge to the wages as per

Minimum wages Act in force at the relevant time. If the Contractor does not be as aforesaid

within seven days the action contemplated as above shall be taken against him.

35 Severability and Waiver

35.10 If any provision of this Contract, or any part thereof, shall be found by any court or

administrative body of competent jurisdiction to be illegal, invalid or unenforceable the

illegibility, invalidity or unenforceability of such provision or part provision shall not affect the

other provisions of this Contract or the remainder of the provisions in question which shall

remain in full force and effect. The relevant Parties shall negotiate in good faith in order to

agree to substitute for any illegal, invalid or unenforceable provision a valid and enforceable

provision, which achieves to the greatest extent possible the economic, legal and commercial

objectives of the illegal, invalid or unenforceable provision or part provision. No failure to

exercise or enforce and no delay in exercising or enforcing on the part of either Party to this

Contract of any right, remedy or provision of this Contract shall operate as a waiver of such

right, remedy or provision in any future application nor shall any single or partial exercise or

enforcement of any right, remedy or provision preclude any other or further such right, remedy

or provision or the exercise or enforcement of any other right, remedy or provision.

36 Representation and Warranties of Contractor

The Contractor represents and warrants to the Employer that:

i) It is duly organized and validly existing under the laws of India (and their respective countries

in case of foreign bidders), and has full power and authority to execute and perform its

obligations and carry out the work as per the terms of contract.

ii) It has taken all necessary actions under the Applicable Laws to authorize execution and

delivery of this contract and to validly exercise its rights and perform its obligations under

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