ANNUAL RATE CONTRACT FOR REPAIRING AND MAINTAINANCE WORK IN VARIOUS MUNICIPAL SCHOOL BUILDINGS IN CENTRAL ZONE (SOUTH).

NAME OF WORK: ANNUAL RATE CONTRACT FOR REPAIRING AND

MAINTAINANCE WORK IN VARIOUS MUNICIPAL

SCHOOL BUILDINGS IN CENTRAL ZONE (SOUTH).

E-Tender (On Line) Notice No.ACE/CZ/05/2026-2027

VOLUME-I: TECHNICAL BID

Start date of download of tender : From Dt. 13/08/2026 to 24/08/2026, upto 17:00

documents from website smc.nprocure.com hrs.

Last date of submission of online tender : On or Before Dt. 24/08/2026 upto 18.00 hrs

(tender fees, EMD and other documents in

Last date of submission of tender fees, : On or Before Dt. 05/09/2026up to 17.00 hrs. in

EMD and other documents in hard copy sealed envelop by R.P.A.D./ Speed Post to

Chief Accountant, SMC, TAPIPURA, Surat-

Opening of Tender Fee, EMD & Other : On Dt. 07/09/2026(Probable)

Documents etc. in Hard Copy

Estimated amount : Rs. 56,79,379.67 + GST

Earnest money deposit. : Rs. 57,000/-

Document fees : Rs. 2832/-

Registratiion class : “D Class & Above.”

TENDER TO BE SUBMITTED TO:

THE CHIEF ACCOUNTANT,

SURAT MUNICIPAL CORPORATION, TAPIPURA

SURAT MUNICIPAL CORPORATION

TENDER DOCUMENT

SR. PARTICULARS PAGE NO.

1. NOTICE INVITING TENDER

INFORMATION TO TENDERER

STATEMENT-A (Performa for list of works of similar nature already completed by the Tenderer during

STATEMENT-B (Performa for declaration regarding work on hand with the tenderer.)

ANNEXURE-A (AFFIDAVIT)

ANTI-BLACKLISTING CERTIFICATE

DECLARATION FORM

2. CONTRACTOR TO PLEASE READ THIS CAREFULLY

3. INSTRUCTION TO TENDERER

4. GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE FOR CONTRACTOR

5. GENERAL CONDITIONS OF CONTRACT

8. CONDITION FOR THE WATER SUPPLY AND ELECTRIC SUPPLY

9. IMPORTANT INSTRUCTION-A TO THE CONTRACTOR

10. SPECIAL NOTE

11. SPECIAL CONDITION OF CONTRACT

12. IMPORTANT INSTRUCTION-B TO THE CONTRACTOR

13. DETAILED SPECIFICATION OF MATERIALS

14. GENERAL TECHNICAL SPECIFICATION FOR THE BUILDING WORKS

15. SCHEDULE FOR TESTING OF MATERIALS

16. ITEMWISE DETAILED TECHNICAL SPECIFICATIONS

17. APPROVED VENDOR LIST

18. COVERING LETTER

SURAT MUNICIPAL CORPORATION

1.0 NOTICE INVITING TENDER

(A) RECEIPT AND OPENING OF TENDER:

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

hours from Dt.13/08/2026 to 24/08/2026 up to 17.00 hrs. on website smc.nprocure.com. The

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

NAME OF WORK: ANNUAL RATE CONTRACT FOR REPAIRING AND

MAINTAINANCE WORK IN VARIOUS MUNICIPAL SCHOOL BUILDINGS IN

CENTRAL ZONE(SOUTH)

1. ESTIMATED COST : Rs. 56,79,379.67 + GST

2. EARNEST MONEY DEPOSIT : Rs.

3. TIME LIMIT : 12 (Twelve) months (Including monsoon)

4. DOCUMENT FEE : Rs.2832.00

5. REGISTRATION REQUIRED : ‘ D & Above’ Class

(C) OPENING OF TENDERS:

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

of Tender Fees & EMD & ANNEXURE- A (Affidavit) in hard copy in account department

(Main Office). But tenderer has to upload relevant documents as required /mentioned in the

technical bid in Soft Copy (By Scanning) .The tenders will be opened in two stages i.e.

Technical Bid and Commercial Bid.

(D) PURCHASE OF TENDER DOCUMENTS:

Tender Documents can be downloaded from smc.nprocure.com from Dt.13/08/2026 to

Tender documents fees of Rs.2832.00 (including CGST 9% + SGST 9%) per set which is

required for submission of tender towards the cost of tender documents in cash, pay order or by

demand draft of any nationalized bank, in favour of "The Commissioner, Surat Municipal

Corporation" payable at Surat and shall be submitted alongwith EMD and other documents. The

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

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

 E.M.D & Tender Fee shall be submitted in electronic format only through online (by

scanning) while uploading the bid. This submission shall mean that E.M.D and tender fee

are received for purpose of opening the bid. Accordingly, offer/tenders of those tenderers

who’s E.M.D & tender fee is received electronically, shall be opened. However, for the

purpose of realization of EMD and Tender fee ,bidder shall send the EMD as well as

Tender fee in required format in original through RPAD/Speed post so as to reach to

Account Department (Main office) within stipulated date as mentioned in tender notice for

the submission of tender FEE & E.M.D .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 SIX

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

 All documents must be coloured scanned to be seen as original. Scanning in black and white

or gray shall Not be acceptable.

 All the documents must be notarized with clearly displaying stamp, number and name of the

(E) CONTRACT PERIOD:

The total contract period is hereby fixed as 12 (Twelve) months (Including monsoon) from the

10th Day of issuance of work order.

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

Instructions to Tenderers, including requirements in the Contract Documents.

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

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

(c) Each tender must be accompanied by the Tender Security (EMD) Rs. 57,000.00/-as

specified in IT-07.

(d) The successful tenderer shall execute the Contract Agreement within fifteen days after

the date of Notice of award.

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

Deposit) of and amount equal to (2%) Two percent of the tendered amount. As per clause

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

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

period not exceeding fifteen days after the date of execution of the contract agreement.

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

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

other party is prohibited.

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

the online bidding process.

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

number under EPF Act, 1952 and are required to comply the applicable provisions

of said statute regularly and totally.

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

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

respect of work allotted by Surat Municipal Corporation, along with copies of Pay

Roll and Muster Roll. If the same are not produced, the bills will not be released.

(G) RECEIPT OF TENDER DOCUMENTS:

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

a. Document fees and EMD Details

b. Commercial Bid

c. Statement A to B along with all necessary supporting documents

d. Bank solvency

e.Ternover Certificate and Income-Tax clearance certificate.

g. GST Registration & P.F. Registration

h. Power of attorney

i. Partnership deed in case of Partnership firm.

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

k. Anti-Blacklist Certificate on Non Judicial Stamp Paper of Rs.300/-

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

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

a. Tender fees in prescribed format

b. Earnest Money Deposit in prescribed format

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

d. Anti-Blacklist Certificate on Non Judicial Stamp Paper of Rs.300/-

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

f. Other necessary documents mentioned in Technical Bid (if any)

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

circumstances. This will hold the tender liable for rejection.

(H) Tender Validity Period:

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

calendar days from date of opening of the price bid for this work and the Tenderer shall not be

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

(I) Rights Reserved:

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

lowest or any other or all tenders or part of its. To waive any informality or irregularity in any

tender, which in the opinion of the Surat Municipal Corporation does not appear to be in its best

interest and the tenderer shall have no cause of action or claim against the Surat Municipal

Corporation or its officers, employee, successors or assigners for rejection of this tender.

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

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

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

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

additions in the terms and conditions on his own in this tender, then The Surat Municipal

Corporation shall without prejudice to any right or remedy be at liberty to reject the tender and

forfeit the Earnest Money Deposit in full. Such Tenderer may be disqualified from tendering for

further works under the jurisdiction of The Surat Municipal Corporation.

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

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

EXECUTIVE ENGINEER

SIGNATURE OF CONTRACTOR SURAT MUNICIPAL CORPORATION

2.0 INFORMATION TO TENDERER:

[1] Tender validity period 120 days (One hundred & Twenty days) from the date of

opening of price bid

[2] Earnest Money Deposit RS. 57,000.00 as per IT-07

[3] Security Deposit 2% of Tender value after issuing Work Order & 2% from

the running bills.

[4] Time of Completion 12 (Twelve) months (Including monsoon)

[5] Period of liability for work. 12 (Twelve Months) from the date of issuing final

completion certificate.

[6] Penalty for delay Zero Point two percent (0.20 %) of the contract price per

day maximum up to ten percent of the contract price.

[7] Retention Money Deposit 5.00% (Five percent) of work done and to be deducted

from R.A. bill as per GC-37.

[8] Work Order Main work order shall be for work after approval form

[9] Date of download of tender Between Dt.13/08/2026 to 24/08/2026 up to

hrs from smc.nprocure.com

[10] Last date of submission of On or before Dt. 24/08/2026 up to 18.00 hrs.

[11] Last date of submission of On or before Dt. 05/09/2026 up to 17.00 hrs.

Tender fees, EMD and

Necessary Documents,

Certificates etc. in Hard

EXECUTIVE ENGINEER,

SIGNATURE OF CONTRACTOR SURAT MUNICIPAL CORPORATION

SURAT MUNICIPAL CORPORATION

Statement showing the similar works completed in the last seven years, i.e. for a period starting

Sr. Name Na Esti Tend Dat Target date Actu Time limit Perce Reaso Rem

No of me mate ered e of of al in year and ntage ns for arks

. Depar of d Amo awa completion Amo months rate delay

tment wo cost unt rd of work as unt and in

/ rk of of per of amou comp

Client work cont contract wor nt of letion

with put ract and date of k Penal of

Addre to completion com ty work

ss tend of work if plet

Tar Comp d Orig Exte

get letion inal nded

Signature of contractor

Statement showing the similar works on hand / in progress.

Sr. Name Na Estim Tend Date Target date Actu Time limit in Reaso Rem

No. of me ated ered of of al year and ns for arks

Depart of cost Amou awar completion Amo months delay

ment / wo of nt d of of work as unt in

Client rk work cont per of compl

with put to ract contract wor etion

Addres tende and date of k of

s r completion done work

Tar % Origi Exten

get Prog nal Y ded

Signature of the contractor

NAME OF WORK: ANNUAL RATE CONTRACT FOR REPAIRING AND

MAINTAINANCE WORK IN VARIOUS MUNICIPAL SCHOOL BUILDINGS IN

CENTRAL ZONE (SOUTH)

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

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

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

2.0 The undersigned also hereby certifies that neither our firm M/s _________

_____________________ nor any of its constituent partners have abandoned any work in India nor

any contract awarded to us for such works has been rescinded during last five years, prior to the date

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

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

requested by the SMC to verify our statements or our competence and general reputation.

4.0 The undersigned understands and agrees that further qualifying information may be requested, and

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

5.0 The SMC and its authorised representatives are hereby authorised to conduct any inquiries or

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

application and to seek clarification from our bankers and clients regarding any financial and

technical aspects. This Affidavit will also serve as authorisation to any individual or authorised

representative of any institution referred to in the supporting information, to provide such

information deemed necessary and requested by yourselves to verify statements and information

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

Signed by the authorised signatory of the firm

Title of the office

Name of the firm

It is mandatory to submit the above Affidavit through online (by scanning) and in hard copy.

*Note:- To be given on Non-judicial stamp paper of Rs 300/- duly signed by the authorized notary.

ANTI-BLACKLISTING CERTIFICATE

(on Non Judicial Stamp Paper of Rs.300/-)

(To be provided by Bidder)

I M/s. _______________ (Name of the Bidder along with name and address of registered office) hereby

certify and confirm that we or any of our promoter/s/ director/s are not barred by Government of Gujarat (GoG)/ any

other entity of GoG or blacklisted by any state government or central government/ department/ agency/local self

Government/Surat Municipal Corporation in India from participating in Project/s, either individually or as member

of a Consortium as on _______ (Bid Submission 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 ___________

To be signed by:

Authorised Signatory with name & designation

Name of the Bidder

DECLARATION FORM

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

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

submitting this tender.

(2) I/We hereby declare that I/We have carefully studied the conditions of contract, specifications and

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

EXECUTIVE ENGINEER

SURAT MUNICIPAL CORPORATION

Contractor Signature with

Seal & Address:

 E.M.D. & Tender fee shall be submitted in electronic format only through online (by scanning)

while uploading the bid. This submission shall mean that E.M.D. & Tender fee are received for

purpose of opening the bid. Accordingly, offer /tenders of those tenderers whose E.M.D. & tender

fee is receive electronically, shall be opened. However, for the purpose of realization of EMD and

Tender fee, bidder shall send the EMD as well as Tender fee in required format in original through

RPAD/Speed post so as to reach to Account Department (Main office) within 7 days from the last

date of submission of price bid. 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 one year. All documents in supporting of bid

shall be in electronic format only thorough online (by scanning) during the budding period & hard

copy will not be accepted separately.

 All documents must be coloured scanned to be seen as original, Scanning in black and white or gray

shall not be acceptable.

 All the documents must be notarized with clearly displaying stamp, number and name of the notary.

"Following Documents shall be submitted in HARD COPY to Surat Municipal Corporation by all

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

 Tender Fees as mentioned in the tender.

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

 Anti-Blacklist Certificate on Non Judicial Stamp Paper of Rs.300/-

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

 Other necessary documents mentioned in Technical Bid (if any)

SURAT MUNICIPAL CORPORATION

CONTRACTOR TO PLEASE READ THIS CAREFULLY

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

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

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

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

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

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

Earnest Money by cheque shall not be accepted.

(4) The contractor shall have to furnish income tax clearance certificate before his tender is

accepted and intimate assessment No. and Ward under he is which assessed

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

must accompany the tender. An attested copy of registration with MES, Various

department of State Govt., Surat Municipal Corporation, CPWD etc.

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

be executed in each case must accompany the tender.

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

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

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

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

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

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

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

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

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

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

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

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

originally tendered and considered for acceptance.

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

requirements as per instruction No.1 to 9 above are not complied with before submitting the

tender. Also please read carefully the face sheet and "General Rules and Direction for the

guidance of contractor" of his form.

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

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

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

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

specifications.

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

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

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

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

thereof does not signed or the signature/s is/are not attested by a witness on page-9 of the tender

in the space for the purpose.

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

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

tender or a certificate regarding the borrowing capacity if the society issued by the legal

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

(13) (1) The several documents forming the contract are the essential part of the contract and

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

mutually explanatory and complementary and to described and provide for a complete work.

(2) In the event of any discrepancy, the several documents forming the contract or in any the

document, the following order or precedence should apply:-

(a) Dimension & quantities:-

(ii) Schedule-B of the tender form.

(iii) Specification.

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

sealed dimensions.

(b) Description:

(i) Schedule-B of the tender form.

(ii ) Drawings.

(iii) Specifications.

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

instructions direction in what manner the work is to be carried out it being understood that the

best modern practice is too followed. The contractor should forthwith comply with such

(3) The contractor should take no advantage of any apparent error or omission in drawings or

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

necessary to fulfil the intent of the Plans and specifications.

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

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

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

progress of the work and the period of maintenance.

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

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

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

1. The Quantity mentioned in the scheduled "B" is Tentative (indicative) for each item. Tender

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

accordingly as per the actual measurement of the particular item.

16 As per Commissioner Note No.C.N.129, dtd. 9/9/2016

 E.M.D & Tender Fee shall be submitted in electronic format only through online(by

scanning) while uploading the bid. this submission shall mean that E.M.D and tender fee

are received for purpose of opening the bid. Accordingly, offer/tenders of those tenderers

whose E.M.D & tender fee is received electronically, shall be opened. However, for the

purpose of realization of EMD and Tender fee ,bidder shall send the EMD as well as

Tender fee in required format in original through RPAD/Speed post so as to reach to

Account Department (Main office) within stipulated date as mentioned in tender notice for

the submission of tender FEE & E.M.D .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 SIX

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

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

white or gray shall

Not be acceptable.

 All the documents must be notarized with clearly displaying stamp, number and name of

 Conractore should have write party code on back side of DD Compulsory.

EXECUTIVE ENGINEER

SIGNATURE OF CONTRACTOR SURAT MUNICIPAL CORPORATION

INSTRUCTION TO TENDERERS

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

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

IT-02 INVITATION TO TENDER:

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

for the work of ANNUAL RATE CONTRACT FOR REPAIRING AND MAINTAINANCE

WORK IN VARIOUS MUNICIPAL SCHOOL BUILDINGS IN CENTRAL ZONE

As per the specifications in the tender documents. The tenders shall be opened in presence of

opening authority, smc in the presence of tenderers or their representatives who are present. The

Corporation reserves the right to reject the lowest or any other or all tenders or part of it which in

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

have no cause of action or claim against the corporation or its officers, employees, successors or

assignees for rejection of his tender.

IT-03 LANGUAGE OF TENDER:

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

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

comply with this may make the tender liable to reject.

IT-04 QUALIFICATIONS OF TENDERERS:-

(A) Tenderer shall be required to submit the enlisted documents along with E.M.D. and tender

fees in soft copy (By Scanning). EMD and Tender fee shall be submitted in hard copy also and in

prescribed form for realization. If documents are insufficient or it does not match the required

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

Mainly tenderer shall fulfill following for the pre-qualification.

(A) Tenderer shall be required to submit the enlisted documents along with E.M.D. and tender

fees online. If documents are insufficient or it does not match the required criteria mentioned

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

Mainly tenderer shall fulfill following for pre-qualification,

(B) QUALIFYING CRITERIA OF BIDDER

Documents required for

Sr. No. Criteria

complete submission

1.1 Average Annual financial turnover during the last

Copy of certificate from

years, ending 31/03/2023, should be at least 30% of the

Chartered Accountant along with

estimated cost (i.e. 30% of 56.79 Lakh) copy of Balance sheets.

1.2 Solvency Certificate from bankers of schedule bank /

Fresh Solvency certificate from bankers of nationalized bank

schedule bank / nationalized bank. Minimum

value of solvency shall be 20% of estimated cost

of the Tender (Solvency certificate should not

be older than One year from Last date of

online Tender submission.)

(i.e. 20% of 56.79 Lakh)

2.0 Registration

2.1 Minimum “D & EXP." class” Registration Class with Registration Certificate

any government, semi government organization.

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

3.0 Relevant Experience

3.1 Similar works during last 7 years.

3.1.1 Three similar completed works, each costing not less than

Attested copies of certificates

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

from head of the office

tender(i.e. 40% of 56.79 Lakh)

concerned for completion of the

3.1.2 Two similar completed works, each costing not less the

Only Govt. or Semi Govt.

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

Works shall be considered for

tender(i.e. 50% of 56.79 Lakh)

Similar Works(Only consider

Building Work & Building

3.1.3 One similar completed works, each costing not less the

Maintainance work etc.)

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

tender. (i.e. 80%of 56.79 Lakh)

4.0 Other details

4.1 Black list.

The Bidders shall note that in case the Bidder is

blacklisted / stated as defaulter / barred participating in

tenders by any of government agencies / semi

government agencies or any other equivalent agencies

during last 5 years then in that case, the Bidders will be

disqualified and will not be allowed to participate in the

bidding process, though bidder satisfies all the

qualification conditions mentioned above. In this regard,

the decision of the Surat Municipal Corporation will be

final and binding to Bidder.

4.2 Works on hand & Litigation

The Bidder including any Member shall provide details

of all their on-going projects along with stage of STATEMENT-A & B

litigation, if so, against the Employer / Governments.

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

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

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

tender amount. Tenderer has to submit higher amount of bank solvency if so

desired by Commissioner, SMC (Solvency certificate should not be older

than One year from Last date of online Tender submission.)

(c) An attested copy of registration with MES, Various department of State Govt., Surat

Municipal Corporation, CPWD etc.

(d) List of the works already completed in last 7 years in prescribed proforma as per

STATEMENT-A and attested copies of certificates from head of the office concerned for

completion of the works.

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

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

Financial Year Multiplying factor

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

A without accounting for the above mentioned factors.

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

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

be attached as supporting documents.

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

(g) Attested copy of last 3(three) years IT return should be enclosed.

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

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

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

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

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

IT-05 TENDER DOCUMENTS :

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

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

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

taken as mutually explanatory and describe and provide for complete works.

IT-06 EXAMINATION BY TENDERERS:

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

contract Documents, (b) visit the site and determine local conditions which may affect the

work including the prevailing wages and other pertinent cost factors, (c) familiarize himself

with all CENTRAL, State and local laws, ordinance, rules, regulations and codes affecting

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

correlate his observations, investigations, and determinations with the requirements of the

Tender Documents.

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

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

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

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

shall form the Tender.

The Tenderer is required to complete:

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

Tender summary duly signed and stamped.

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

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

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

to Clause IT-17 hereof

IT-07 EARNEST MONEY DEPOSIT:

A.The Tender shall be accompanied by of Earnest Money Deposit Rs. 42,000.00/- The

tenderer shall pay Earnest Money Deposit to be deposited by pay order/demand draft issued in

favour of Commissioner, Surat Municipal Corporation, Surat through Nationalised/Schedule

Bank only. The Earnest Money Deposit in the form of FDR or cheque shall not be accepted. The

tenderer shall have to mention details of Earnest Money Deposit on the seal cover of Earnest

Money Deposit. The tender received without Earnest Money Deposit shall be out rightly rejected.

Fleance Department, GR. No: EMI/4/28/22/0002/DMO

(A) Gates imund by the following banka will be accepted as SD/EMD on permanent bania:

All Nationalized Banks

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

March 31, 2023. The validity cut-off date in the OR is with respect to the date of issue of Bank

Guarantee irrespective of the date of termination of Bank Guarante

Sr. No. Name of Banks Sr. No. Name of Banks

1 Axis Bank 22 Kotak Mahindra Bank

2 AU Small Finance Bank 23 South Indian Bank

3 Bandhan Bank 24 Tamilnadu Mercantile Bank

4 City Union Bank 25 Utkarsh Small Finance bank

5 CSB Bank 26 Ahmedabad Mercantile Co.op. bank

6 DBC Bank India Limited 27 Nutan Nagrik Sahakari Bank Limited

7 DBS Bank 28 Rajkot Nagarik Sahakari Bank Limited

8 Equitas Small Finance Bank 29 Saraswat Co-operative Bank Ltd.

9 FEDERAL Bank 30 SVC Co.operative bank Ltd.

10 HDFC Bank 31 The Cosmos Co-Op Bank Ltd.

11 HSBC bank 32 The Gujarat State Co-Operative Bank

12 ICICI Bank 33 The Mehsana Urban Co-op bank Ltd

13 IDBI Bank 34 The Surat District Co-operative Bank

14 IDFC First Bank 35 The Surat Peoples Co-Operative Bank

15 Jammu and Kashmir Bank 36 The Kalupur Commercial Co.op. Bank

16 Jana Small Finance Bank 37 Baroda Gujarat Gramin Bank

17 Karnataka Bank 38 Saurashtra Gramin Bank

18 Karur Vysya Bank 39 Standard Chartered Bank

19 Baroda District Co-Operative 40 YES Bank

20 Barclays Bank 41 SBPP Co-Operative Bank LTD.

21 ESAF Small Finance Bank 42 The Panchmahal District Co-Operative

All the eligible banks are instruted to collect the original documents/papers of

guarantee from the concerned tendering authority.

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

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

Guarantee Bond to the owner as stipulated in this tender documents within ten days

after receipt of notice of award of contract. In such case owner may disqualify the

tenderer from tendering for further works, under the jurisdictions of the

Corporation (S.M.C.).

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

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

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

IT-08 INCOME TAX CLEARANCE CERTIFICATE:

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

the contractor shall give zerox copy of the PAN card.

IT-09 PREPARATION OF TENDER DOCUMENTS:

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

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

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

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

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

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

probity and their full names, occupations and address shall be stated below their signatures.

All signatures in the Tender Documents shall be dated.

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

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

approved or refused by the Engineer at the time of adjudications of Tenders, and in either

case the Engineer is not obliged to give reasons for his decisions.

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

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

IT 10 SUBBMISSION OF TENDERER DOCUMENT:-

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

submission of Technical Bid as well as price bid does not absolve the bidders from any

liability created from the bid condition and bidding process. Technical-Bid and Price Bid in

hard copy shall be submitted by Successful bidder upon intimation from Surat Municipal

 As per Commissioner Note No.C.N.129, dtd. 9/9/2016

 E.M.D & Tender Fee shall be submitted in electronic format only through online(by

scanning) while uploading the bid. This submission shall mean that E.M.D and tender fee

are received for purpose of opening the bid. Accordingly, offer/tenders of those tenderers

whose E.M.D & tender fee is received electronically, shall be opened. However, for the

purpose of realization of EMD and Tender fee ,bidder shall send the EMD as well as

Tender fee in required format in original through RPAD/Speed post so as to reach to

Account Department (Main office) within stipulated date as mentioned in tender notice for

the submission of tender FEE & E.M.D .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 SIX

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

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

or gray shall not be acceptable.

 All the documents must be notarized with clearly displaying stamp, number and name of

 Following documents shall be submitted in HARD COPY TO Surat Municipal

 Earnest Money Deposit as mentioned in the Tender.

 Tender Fees as mentioned in the tender

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

 Anti-Blacklist Certificate on Non Judicial Stamp Paper of Rs.300/-

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

 Other necessary documents mentioned in Technical Bid (if any)

All necessary documents mentioned in Technical bid (if any). shall be submitted online.

(i) COVER-1: Technical Bid

E.M.D and Tender Fees for the work of ANNUAL RATE CONTRACT FOR REPAIRING

AND MAINTAINANCE WORK IN VARIOUS MUNICIPAL SCHOOL BUILDINGS IN

CENTRAL ZONE(SOUTH)

Along with other Documents in Hard Copy upto On or Before Dt.05/09/2026up to 17.00 hrs.

Also mention the name of tenderer, address, tender notice number etc. on the cover.

Price bid for the work of of ANNUAL RATE CONTRACT FOR REPAIRING AND

MAINTAINANCE WORK IN VARIOUS MUNICIPAL SCHOOL BUILDINGS IN

CENTRAL ZONE(SOUTH)

shall be submitted online.

The name of work to be written on cover shall be work of ANNUAL RATE CONTRACT FOR

REPAIRING AND MAINTAINANCE WORK IN VARIOUS MUNICIPAL SCHOOL

BUILDINGS IN CENTRAL ZONE(SOUTH)

Also mention the name and the address of tenderer, tender notice number on the cover and to be

submitted to the Chief Accountant, Surat Municipal Corporation, TAPIPURA, Surat –

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

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

(a) The tender shall be accompanied by Earnest Money Deposit of Rs.57,000.00 The

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

of "Commissioner, Surat Municipal Corporation, Surat" by Nationalized Bank. In the

form of Demand Draft and Pay Order

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

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

on relevant Page of the tender documents.

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

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

qualifications and experience.

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

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

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

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

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

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

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

execution and cost of the works.

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

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

Municipal Corporation, TAPIPURA, Surat-395003 On or Before Dt.05/09/2026up to

The same will be opened on the Dt. 07/09/2026, 16.00 hrs. (Technical Bid) onwards

(Probable) in the presence of the tenderers, who shall remain present in the office of "Tender

opening officer, Surat Municipal Corporation, Surat. Late tenders (i.e. tenders received after the

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

after due date and the time of receipt of tender) shall not be considered at all. Tenders

received by Registered Post A.D./ Speed Post after the time and the date specified in the tender

notice shall not be received by the client from the postman. Such tenders if received will not be

opened and will stand rejected.

 Note:-As per City Engineer Note No.61,Date 05/02/2025

Currently, in the tenders invited through e-tender system in Surat Municipal Corporation,

generally, the necessary documents related to the tender (tender fee, E.M.D., registration,

turnover, solvency certificate, experience certificate and other documents) are invited separately

in hard copy on some specified days after the last date of online price bid submission.

Considering the complaints received in this regard, in the e-tender system, the amount of the

guarantee (EMD) and the demand draft of the tender free will have to be scanned online and

uploaded in electronic format. The details submitted in this way will be considered as the amount

of the guarantee and tender fee received. And accordingly, the tender will be opened only for the

amount of the bid and the tender fee received in electronic format. For actual payment, the

tenderer will have to submit the original demand draft by registered post AD./Speed post to the

Account Department (Main Office) within 07 (seven) days from the last date of uploading. In the

first case of non-receipt of the original demand draft in the office of the Chief Accountant of

Surat Municipal Corporation within the stipulated time, penal action will be taken to recover the

penalty as per the table given below.

N Tender Amount Penalty Amount

1 Up to Rs. 1.00 crore 10,000/-

2 Rs. 1.00 crore and more than Rs. Up to 20,000/-

Rs. 10.00 crore

3 More than Rs. 10.00 crore and up to Rs. 30,000/-

4 More than Rs. 50.00 crore and up to Rs. 70,000/-

5 More than Rs. 100.00 crore 1,00,000/-

If the tenderer does not deposit the penalty amount with the Municipal Corporation

within 10 days and/or if the tenderer commits such a default/mistake for the second time, then in

case the demand draft is not actually received for the second time, punitive action will be taken

against the contractor (if the contractor does not pay the tender free and guarantee amount within

the stipulated time, the registration of the contractor will be kept in abeance for 06 (six) months

and the e-tendering code will be cancelled for 06 (six) months.) Any documents required for the

support of tender bids shall be scanned and sent online in electronic format and hard copies shall

not be accepted separately. (Reference:- Roads and Building Department Circular No.: Pachar-

102008-5-S, Secretariat Gandhinagar, dated 18/01/2008 and dated 27/11/2008).

6. Tender shall stand rejected if:

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

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

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

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

without assigning any reason for the same.

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

5. Stipulates his own conditions.

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

Central taxes in his rates.

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

8. Does not pay the Earnest Money Deposit by Demand Draft/Pay order or as mentioned in

the tender and Tender Fees with Technical Bid (Cover-1).

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

Office as directed.

10. Does not attach the document mentioned/ does not submit documents required in soft

copy (By scanning)

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

limit allowed for carrying out the work or any other condition.

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

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

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

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

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

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

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

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

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

to deploy for this work.

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

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

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

department, Surat Municipal Corporation, Surat.

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

after placing the work order for the said work from SMC.

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

paper if so desired by the Municipal Commissioner.

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

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

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

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

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

21. Surat Municipal Corporation reserves the right to open or not to open any or all Price-bid

without assigning any reason thereof.

IT-11 TENDER VALIDITY PERIOD :

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

Calendar day from the date of opening of price bid and that the tenderer shall not be allowed to

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

be allowed to withdraw the tender or make any modifications or additions in the terms and

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

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

IT-12 SIGNING OF TENDER DOCUMENTS :

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

address. If he tender is made by a Proprietary firm it shall be signed by the proprietor above his

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

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

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

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

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

partners of the firm shall also accompany the tender.

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

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

copy of the power of attorney shall accompany the Tender. Such limited company or

Corporation may be required to furnished satisfactory evidence of its existence before the

contract is award.

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

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

IT-13 WITHDRAWAL OF TENDERS :

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

(Earnest Money) shall be forfeited and the Tenderer may be disqualified from tendering for

further works under the jurisdiction of SURAT MUNICIPAL CORPORATION

IT-14 INTERPRETATIONS OF TENDER DOCUMENT :

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

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

tenderer find discrepancies or omission from the specifications or other documents, or should be

in doubt as to their meaning, he should at once address query to the Divisional Head provided for

concerned authority as referred in the Tender Document in Clause GC-01 (Definitions and

interpretations) of the (General Condition of Contract). Any resulting interpretation of the Tender

documents will be issued to all Tenderers as an addenda corrigendum. Verbal clarification and /

or information given by the SMC / Consulting Engineer shall not be binding on the Municipal

IT-15 ERRORS AND DISCREPANCIES IN TENDERS :

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

prevail and apply in such cases.

IT-16 MODIFICATION OF DOCUMENTS :

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

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

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

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

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

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

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

Tender to be rejected.

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

Such addenda may modify previously issued Addenda.

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

IT-18 TAXES AND DUTIES ON MATERIAL :

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

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

Contract agreed upon during the course of execution of this contract.

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

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

subject to the submission of Original Receipt/ Proof for the amounts actually remitted by the

successful Tenderer/ Contractor to the competent Authority along with a Certificate from

Chartered Accountant of Contactor/ Successful Bidder certifying that the amount of GST paid to

the Government and the same shall be intimated/ submitted/ claimed within 30 (thirty) Days from

the date of payment Remittance of GST within stipulated period shall be the sole responsibility

of the successful Bidder/ Contractor, failing which, SMC may recover the amount due, from any

other payable dues with SMC and decision of Municipal Commissioner shall be final and binding

on the Contractor / Successful Bidder in this regard Further, non-payment of GST to the

Government may lead to the termination of contract and forfeiture of Security Deposit/

Performance Guarantee Amount.

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

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

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

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

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

government undertaking public adventures published tenders amounting more then Rs.

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

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

2% TDS should be deducted of IGST.

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

with the prevailing norms of Govt. of Gujarat.

IT-19 EVALUATION OF TENDERS :

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

IT-20 EVALUATION OF TIME REQUIRED FOR COMPLETION :

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

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

is to be reckoned from 10th day from the date of work order to proceed. Total completion period

is calendar months from 10th day from date of issue of work order and tenderer s should adhere

to this delivery time.

IT-21 POLICY FOR TENDER UNDER CONSIDERATION :

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

an official announcement of award is made.

While tenders are under consideration, tenderer s and their representative or other interested

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

representatives on matters related to the tenders under study. The Engineer's representative if

necessary will obtain clarification on tenders by requesting information from any or all the

tenderer s either in writing or through personal contact, as may be necessary. The tenderers will

not be permitted to change the substance of his tender after price submission. Non-compliance

with this provision shall make the tender liable for rejection.

IT-22 PRICES AND PAYMENTS :

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

the total works quoted for and include all costs due to materials labour, equipment, supervisions,

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

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

entitled subsequently to make any claim on any ground excepting for the condition laid down in

GC-35 (Price Adjustment).

IT-23 PAYMENT TERMS :

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

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

consider any alternative payment terms. Tenderer s should therefore in their own interest note

this provision to avoid rejection of their tenders.

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

stated in the Notice Inviting Tenders.

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

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

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

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

contract documents.

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

Agreement within the stated time limit or fails or refuses to furnish the Bond as required

herein, the SMC may annul his award and declare the tender security forfeited.

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

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

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

acting as the Tenderer is duly authorized to do so.

IT-25 SIGNING OF CONTRACT :

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

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

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

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

T-26 DISQUALIFICATION :

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

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

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

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

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

Translation in case of other language adopted for tender preparation.

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

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

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

25 i.e. Signing of Contract).

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

(h) Conditional tender.

A. Tenderer may further be disqualified if :

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

provided in the Tender Documents.

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

defined and specified in tender documents.

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

Validity Period.

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

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

(f) Any erasure is made in the tender.

IT-27 PERFORMANCE GUARANTEE (SECURITY DEPOSIT) :

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

The successful tenderer shall have to pay initial security deposit at 2% (two) percent of the tendered amount.

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

Amount of work is less than Rs. 2.00 crore.

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

(encashable at Surat city)/ FDR if the tender Amount of work is more than Rs. 2.00 crore & 2.00 crore.

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

unless excluded by or repugnant to the context include his heirs, executors, administrators and assignees shall

(within 15 days of the receipt by him of the notification of the acceptance of his tender) deposit with Municipal

Commissioner cash or Government securities endorsed to the Commissioner sum sufficient which will make up the

full security deposit specified in the tender.

If the amount of the security deposit to be paid in lump sum within the period specified above is not paid the

tender contract already accepted shall be considered as cancelled. The security deposit lodged by Contractor shall

be refunded after the expiry of the Defects Liability period as shown in the attached Memorandum after deducting

dues, if any, which become liable to be recovered from the Contractor under the terms and conditions of this

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

supersede over and above all the clauses depicted in the tender document.

Tender costing Less than Rs.2.00 Crore.

(a) Remittance of SD/RMD

(i) The total security deposit shall be recovered at the rate of 4% from contractor. Out of which, 50% of

amount as Initial Security Deposit shall be payable at the rate of 2% of approved tender cost in form

of Cash or Demand Draft/ Pay Order of any Nationalised Bank (encashable at Surat city).

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

(iii) 5% Retention money deposit (RMD) to be retained from each running account bill.

(b) Release of SD/RMD

(i) The 2% Initial security deposit in form of Cash or Demand Draft/ Pay Order shall be released after

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

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

along with Final Bills according to Work Quality..

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

Tender costing Rs.2.00 Crore. & more than Rs.2.00 Crore.

(a) Remittance of SD/RMD

(i) The total security deposit shall be recovered at the rate of 4% from contractor. Out of which, 50% of

amount as Initial Security Deposit shall be payable at the rate of 2% of approved tender cost in form of in

Cash or Demand Draft/ Pay Order / FDR / Bank Guarantee of any Nationalised Bank (encashable at Surat

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

(iii) 5% Retention money deposit (RMD) to be retained from each running account bill.

(b 1) Release of SD/RMD

(i)The 2% Initial security deposit in form Demand Draft /Pay order / FDR shall be released after

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

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

along with Final Bills according to Work Quality.

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

(b 2) Release of SD/RMD

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

to Work Quality.

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

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

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

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

form of Bank Guarantee. However, the remaining 50% (2% of Security Deposit) of the amount so, deducted from

running bills will be allowed for conversion in the form of interest bearing fixed deposit receipt, (FDR) issued in

favour of the Municipal Commissioner, Surat Municipal Corporation, Surat by a Nationalized Bank located at Surat

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

It is clarified that the amount of security deposit shall be collected on the basis of contract price and not on the

basis of Estimated Amount put to tender. As initial Security Deposit as mentioned above, accepted by the

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

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

year, after completion of work. After that no further interest shall be paid for any extended period what so ever.

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

0.065% per day of the amount of Security Deposit will charged. If the Security Deposit is not paid within one

month with interest, necessary actions as per condition of contract will be taken.

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

tender provision, However BG shall be valid till final date of completion of work+1year (Whether final bill is

audited and paid or 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 at the rate of 0.065% of per day

The successful tenderer shall have to enter into an agreement on a non-judicial stamp paper of Rs. 300/- if initial

Security Deposite paid in form Bank Guarantee or Demand draft as per the form of the agreement approved by

the Municipal Corporation, Surat.

If initial Security deposit is paid in form of Fixed Deposit, additional stamp paper amounting As per

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

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

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

IT-28 STAMP DUTY :

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

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

agreement approved by the Municipal Corporation, Surat.

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

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

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

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

competition and the tenderer in such cases, may at their option freely use any other product,

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

Municipal Corporation approval.

IT-30 NON-TRANSFERABLE :

Tender documents are not transferable.

IT-31 COST OF TENDERING :

The owner will not defray expenses incurred by Tenderer s in tendering.

IT-32 DEFECT OF TENDER :

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

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

modify the offer on his own during the period. If any tenderer withdraws or makes any

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

Corporation, shall without prejudice to any right or remedy, be at liberty to reject the tender and

forfeit the earnest money in full.

IT-33 CHANGE IN A QUANTITY :

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

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

quantities of items or group as specified in the Schedule of price as may be necessary. Claim

what so ever by the contractor on the basis of variation of quantities shall not be entertained.

IT-34 NEW EQUIPMENT AND MATERIAL ;

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

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

be allowed to be used on work.

IT-35 RIGHTS RESERVED ;

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

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

issuance of the notice to proceed, after execution of the contract agreement, for the period of

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

successful tenderer on account of such withholding. The SMC is not obliged to give reasons for

any such action.

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

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

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

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

carry out the work in accordance with the details specifications. No conditions will be accepted.

The conditional tender will be liable to be rejected.

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

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

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

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

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

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

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

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

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

IT-42 Contractor must be submitted The cement/steel (Zerox copy) billwise.

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

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

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

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

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

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

IT-46 TESTING OF CEMENT AND STEEL

It should be specifically noted that the cement and steel brought by the contractor at site of work

shall be used only after the same is tested at the approved laboratory as per the direction of the

Engineer-in-charge. Such approved laboratory may be located at Surat, Baroda, and Ahmedabad

All the charge for the transport and testing of the samples shall have to be borne by the

contractor. The frequency of testing such material shall be in accordance to the relevant Indian

Standards as directed by Engineer-in-charge

EXECUTIVE ENGINEER,

SIGNATURE OF THE CONTRACTOR. SURAT MUNICIPAL CORPORATION

SURAT MUNICIPAL CORPORATION

PERCENTAGE RATE TENDER & CONTRACT FOR WORKS

GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF CONTRACTORS :-

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

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

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

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

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

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

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

specifications, designs and drawings and estimated rated scheduled rates and any other

documents required in connection with the work which shall be signed by the Engineer- in-

charge for the purpose of identification shall also be open for inspection by contractors at the

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

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

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

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

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

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

person holding a power of attorney authorizing him to do so.

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

signed by all the partners, except where the contractor are described in their tender as a firm, in

which case the receipts shall be signed in the name of the firm by one of the partners or by some

other persons having authority to give effectual receipts for the firm.

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

total according to estimated quantities, stating at what rate he is willing to undertake the

each item of the works, Tenders which proposal any alterations in the work specified in the said

form of invitation to tender or in the time allowed for carrying out the work or which contain

any other conditions of any short, will liable to be rejection No.signle tender include more

than one will liable to be rejection No. single tender include more then one work but contractors

who wishes to tender for each. Tender shall have (to which they refer) written outside the

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

intending contractors who have submitted tender or their representatives who may be present at

the time.In the event of a tender being accepted, the contractor shall there upon for the

purpose of identification, sign the copies of the specifications and other documents mentioned

in this tender. In the event of the tender being rejected, the divisional officer shall authorized

the accountant to refund the amount of earnest money deposited to the contractor making the

tender on his giving a receipt for the returned of the money.

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

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

matter to this tender shall be valid and binding on corporation unless it is signed by the

Engineer-in- charge.

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

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

Engineer- in-charge before the tender form is issued. If a form issued an intending tenderer

has not been so filled in and completed, he shall request the said officer to have this done

before he completes and delivers his tender.

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

the Public Works Department without reference to any local custom.

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

(11) Every contractor shall unless excepted in writing by the Additional City Engineer

concerned, produced along with the tender, a solvency certificate of his financial stability

from the Collector of the District within which he resides or a Bankers certificates. If he fails

to produce such a certificate, his tender may not be considered.

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

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

works department and no proposals to adopt alternative methods will be accepted. The

Engineer-in-charge decision as to what is "the usual method in use in the public works

department" will be final.

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

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

obtained from the Income Tax Officer.

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

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

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

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

from Engineer- in-charge.

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

required for the execution of the work contracted for.

(18) Controlled materials (Essentiality certificate)

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

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

contractor in securing the same. All incidental charges met with in procuring these materials

shall be borne by the contractor himself. Though the Corporation will help to arrange for the

permit as far as possible and help the contractor in obtaining the materials it shall not accept

any responsibility for any delay or loss on account of delay caused to the contractor while

obtaining the same.

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

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

materials during the month.

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

stock of the controlled materials stored by him at any time, whenever the Engineer-in- charge

or his representatives so desired (s).

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

price bid for this works and that the tenderer shall not be allowed to withdraws or modify the

offer on his own during this period. If any tenderer withdraws or makes any modifications or

addition/s in the terms and conditions of his tender, not acceptable to the corporation them the

corporation shall without prejudice to any right or remedy be at liberty in full the said earnest

money absolutely (in figures as well as in words). This Blank Space should be filled in while

preparing the draft tender papers.

(20) The contractor shall employ only such laborers who shall produce a valid certificate of having

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

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

tender without which the tender will not be considered.

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

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

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

entertained at later date.

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

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

EXECUTIVE ENGINEER,

SIGNATURE OF CONTRACTOR SURAT MUNICIPAL CORPORATION

GENERAL CONDITION OF CONTRACT

GC-01 DEFINITIONS AND INTERPRETATIONS :

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

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

1.1 The "Owner/Municipal Corporation, Surat represented by Municipal Commissioner/Add. City

Engineer, any officer authorised by the Municipal Corporation.

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

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

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

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

and on its behalf for the operation of this contract.

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

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

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

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

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

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

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

modify or interpret the contract documents.

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

as stated in the executed contract agreement.

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

therein all contract documents.

1.10 "Tender document” shall mean Designs, Drawings, specifications, agreed variations, if any, and

such other documents constituting the tender and acceptance thereof.

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

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

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

person, firm or company.

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

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

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

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

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

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

specifications of any other country applied in India as a matter of Standard Engineering practice

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

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

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

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

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

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

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

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

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

any work and/or for incorporation in the work.

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

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

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

the execution, completion and maintenance of the work.

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

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

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

1.18 "The Construction Equipment" means all appliance/equipment’s of whatever nature required in

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

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

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

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

Registered Office of the Contractor.

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

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

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

provisions of the Contract.

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

when the work has been completed to his satisfaction.

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

the work is finally accepted by the owner.

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

Certificate and the final certificate as specified in the tender.

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

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

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

accepted in accordance with provisions contained therein.

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

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

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

contractor during the progress of work on the basis of work done and the non-perishable materials to

be incorporated in the work supplied by the Contractor.

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

performance of contractual obligations.

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

Commissioner, Surat Municipal Corporation, Surat.

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

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

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

GC-02 LOCATION OF SITE AND ACCESSIBILITY :

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

weather roads and Western Railway Broad Gauge line, Government Irrigation Canal Crossing. The

intending Tenderer should inspect the site and make himself familiar with site conditions and available

communication facilities. Non availability of access/roads shall in no case be the cause to Condon any

delay in the execution of the work or be the cause for any claims or extra compensation.

GC-03 SCOPE OF WORK :

The scope of work is defined broadly in the special conditions of Contract and specifications. The

Contractor shall provide all necessary materials equipment and labour etc. for the execution and of

the work till completion. All materials that go with the work shall be approved by the Engineer-in-

charge prior to procurement and use.

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

at one point at the rate charged for such works.

The contractor shall make his own arrangement for the distribution pipe net works from the source of

supply after getting prior permission for the same from the Engineer-in-charge. Supply of water

shall not be free and the necessary charges as fixed by the Local Body shall have to be paid by the

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

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

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

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

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

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

his labour and supervisory comp and other service facilities.

GC-04 RULLING LANGUAGE :

The language according to which the contractor shall be constructed and interpreted shall

be English. All entries in the contract documents and all correspondence between the contractor and

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

be given in metric units only.

GC-05 INTERPRETATION OF CONTRACT DOCUMENT :

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

shall prevail over those of any other documents of the contract unless specifically provided otherwise.

Should there be any discrepancy, inconsistency error or omission in the several documents forming

the contract, the matter may be referred to the Engineer-in-charge for his instructions and decision.

The Engineer-in-charge's decision in such case shall the final and binding to the contractor.

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

specific specifications without showing on the drawings shall be taken as described in the specifications

and shown on the drawings.

3. The heading and the marginal notes to the clauses of those general conditions of contract or to the

specifications or to any other part of tender documents are solely for the purpose of giving a concise

indication and not a summary of contents thereof or be used in the interpretation or construction

thereof of the contract.

4. Unless otherwise stated specifically, in this contract documents the singular shall include the

plural and vice versa wherever the context so requires. Works implementing persons shall include

relevant corporate companies/ registered associations / body of individual / firm of partnership.

5. Notwithstanding the sub-divisions of the documents into separate sections and volumes every part

of each shall be supplementary to and complementary of every other part and shall be read with and

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

6. Where any portion of the General Conditions of contract is repugnant to or are variance with any

provisions of the special conditions of contract, then, unless a different intension appears, the

provisions of the special conditions of contract shall be deemed to override the provisions of General

conditions of Contract and shall to the extent of such repugnancy or variance prevail.

7. The materials, Design and Workmanship shall satisfy the relevant I.S.S.and Codes referred to. If

Additional require- ments are shown in the specifications, the same shall be satisfied over and above

I.S.S. and Codes.

8. If the specification mention that the contract shall perform certain work or provide certain facilities,

it will mean that the contractor shall do so at his own cost.

9. The correctness of the details given in the tender documents is not guaranteed. The contractor shall

independently obtain all necessary information for making the tender. The contractor shall be

deemed to have examined the Contract Documents, to have generally obtained his own information in

all matters that might affect the carrying out of the work or the Tenderer rates. Any error in

description of quantity or commission there from shall not vitiate the contract or release the contractor

from executing the work comprised in the contract according to the Drawings and specifications at the

tendered rates. He is deemed to have known the scope, nature and magnitude of the work and the

requirements of materials and labour involved and as to what all works he has to complete in accordance

with the contract what-so ever be the defects, omissions, or errors that may be found in the contract

documents. The contractor shall be deemed to have visited the site and the surroundings, to have satisfied

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

railways, roads, bridges and culverts, means of transport and communications, whether by land, air or

water and as to possible interceptions thereto and the access and agrees from the site, to have made

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

materials, the sites for disposal of surplus materials, the available accommodation as to whatever

required, the depicts and such other buildings as may be necessary for executing and completing the

work, to have local independent inquiries as to the subsoil, subsoil water and variation thereof, storms,

prevailing winds, climatic conditions and all other similar matters effecting the work. He is deemed to

have acquainted himself as to his liability for payment of Government taxes, custom duty and other

Any neglect or failure on the part of the contractor in obtaining necessary and reliable information

upon the forgoing or any other matters affecting the contract shall not relieve him from any risks or

liabilities or the entire responsibility from completion of the work at the tendered rates and time in

strict accordance with the contract documents.

No verbal agreement or inference from conversation with any officer or employee of the wormer either

before or after the execution of the Contract Agreement shall in any way effect or modify any of the

terms of obligations herein contained.

GC-06 CONTRACTOR TO UNDERSTAND HIMSELF FULLY ;

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

circumstances affecting the tender price, as to the possibility of executing the works as shown and

described in the contract and to have fixed his prices according to his own view on these matters and to

have understand that no additional allowances except as otherwise expressly provided, will after

words be made beyond the contract price. The contractor shall be responsible for any

misunderstanding or incorrect information given in writing by the Engineer.

GC-07 ERROR IN SUBMISSION ;

The contractor shall be responsible for any errors or omissions in the particulars supplied

by him. Whether such particulars have been approved by the Engineer or not, provided that such

discrepancies, errors or omissions be not due to inaccurate information or particular furnished in

writing to the Contractor by the Municipal Corporation or the Engineer.

GC-08 SUFFICIENCY OF TENDER :

The Contractor shall be deemed to have satisfied himself before tendering as to the

correctness of the tender rates which rates shall, except as or other wise provided for, cover all the

Contractor's liabilities and obligation set further or implied in the contract for the proper execution of

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

GC-09 DISCREPANCIES :

The drawings and specifications are to be considered as mutually explanatory of each other,

detailed drawings being followed in preference to small scale drawings and figures dimension in

preference to scale and special conditions in preference to general conditions. Special direction or

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

appear or should any misunderstanding arise as to the meaning and intent of the said specifications or

drawings, or as to the dimensions or the quality of the materials or the due and proper execution of the

works, or as to the measurement or quality and valuation of the works executed under this contract or as

extra there upon the same shall be explained by the Engineer-in-charge and his explanation shall

subject to the final decision of the Additional City Engineer, in case reference be made to him, be

binding upon the contractor shall execute the work according to such explanation (subject to aforesaid)

and without addition to or deduction from the contract and shall also do all such works and things

necessary for the proper completion of the works as implied by the Drawings and specifications,

even though such works and things are not specially shown and described in said specifications. In

cases where not particular specifications are given for any article to be used under the contract, relevant

specifications of the Indian Standard Institution shall apply.

GC-10 PERFORMANCE GUARANTEE : (Security Deposit)

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

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

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

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

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

Guarantee (encashable at Surat city)/ FDR if the tender Amount of work is more than Rs.

crore & 2.00 crore.

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

shall unless excluded by or repugnant to the context include his heirs, executors, administrators and

assignees shall (within 15 days of the receipt by him of the notification of the acceptance of his tender)

deposit with Municipal Commissioner cash or Government securities endorsed to the Commissioner sum

sufficient which will make up the full security deposit specified in the tender.

If the amount of the security deposit to be paid in lump sum within the period specified above is not paid

the tender contract already accepted shall be considered as cancelled. The security deposit lodged by

Contractor shall be refunded after the expiry of the Defects Liability period as shown in the attached

Memorandum after deducting dues, if any, which become liable to be recovered from the Contractor

under the terms and conditions of this Agreement.

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

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

Tender costing Less than Rs.2.00 Crore.

(a) Remittance of SD/RMD

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

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

cost in form of Cash or Demand Draft/ Pay Order of any Nationalised Bank (encashable at Surat

(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 retained from each running account bill.

(b) Release of SD/RMD

(i) The 2% Initial security deposit shall be released after clearance of Final bill by Audit Dept

and completion of defect liability period.

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

released along with Final Bills according to Work Quality..

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

Tender costing Rs.2.00 Crore. & more than Rs.2.00 Crore.

(a) Remittance of SD/RMD

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

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

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

Bank (encashable at Surat city).

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

(iii) 5% Retention money deposit (RMD) to be retained from each running account bill.

(b 1) Release of SD/RMD

(i)The 2% Initial security deposit in form Demand Draft /Pay order / FDR shall be

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

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

released along with Final Bills according to Work Quality.

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

(b 2) Release of SD/RMD

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

Bills according to Work Quality.

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

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

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

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

the form of Bank Guarantee. However, the remaining 50% (2% of Security Deposit) of the amount so,

deducted from running bills will be allowed for conversion in the form of interest bearing fixed deposit

receipt, (FDR) issued in favour of the Municipal Commissioner, Surat Municipal Corporation, Surat by a

Nationalized Bank located at Surat only. Additional stamp duty payable as per government prevailing

rule shall be paid by contractor for remittance of this FDR.

It is clarified that the amount of security deposit shall be collected on the basis of contract price and not

on the basis of Estimated Amount put to tender. As initial Security Deposit as mentioned above, accepted

by the competent Authority shall have to be paid toward Security Deposit at the time of execution of

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 form of

the agreement approved by the Municipal Corporation, Surat.

If initial Security deposit is paid in form of Fixed Deposit, additional stamp paper amounting As

per government’s prevailing rule of Security Deposit shall be used to execute the agreement.

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

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

GC-11 INSPECTION OF WORK :

1. The Engineer in charge will have full power and authority to inspect the work at any time

wherever in progress either on the site or at the contractor's any other manufacturers workshops or

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

assistance to carry out such inspection. Contractor or his authorized representative shall, at all time

during the usual working hours and all other times when so notified, remain present to receive orders

and instructions, orders given to Contractor's representative shall considered to have the same force as if

they had been given to the contractor himself. Contractor shall give not less than 7 days notice in

writing to the Engineer-in- charge before covering up or otherwise placing beyond reach of inspection

and measuring any work in order that the same may be inspected and measured. In the event of

breach of the above, the same shall be recovered at Contractor's expenses for carrying out such

inspection or measurement.

2. No material shall be dispatched from contract store on site of work before obtaining

approval in writing of the Engineer-in-charge, Contractor shall provide at all time during the

progress of work and maintenance period proper means of access with ladders, gangways, etc. and

the necessary attendance to move and adopt as directed for inspection or measurement of work by

Engineer-in-charge.

GC-12 DEFECT LIABILITY :

1. Contractor shall guarantee the work for a period of 12 months from the date of actual

completion of work as per completion certificate. Any damage or defect that may arise or that may

remain undiscovered at the time of issue of completion certificate connected in any way with the

equipment or materials supplied by him or in the workmanship be rectified or replaced by contractor

at his own expenses as desired by Engineer-in-charge or in default may cause the same to be made

good by other agency and deduct expenses of which the certificate of Engineer-in-charge shall be final

from any sums that may then or any time thereafter become due to contractor of sale thereof or of a

sufficient portion thereof.

2. From the commencement to completion of work contractor shall take full responsibility for

the case of the work including all temporary works and in case any damage, loss or injury shall happen

to work or any part thereof or to any temporary works from any cause whatsoever and shall at his own

cost repair and make good the same so that at completion work shall be in good order and in

conformity in every respect with the requirements of contract and as per the instructions of the

Engineer-in-charge.

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

(a) Decide that any work done or materials used by the contractor are defective or not in

accordance with contract or that work of any portion thereof is defective or do not fulfill the

requirements of contract (all such materials being hereinafter called defects in this clause and (b) as

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

particulars of the defects alleged to exist or to have occurred, then contractor shall at his own

expenses and with all speed make good the defects so specified.

(b) In case contractor fails to do so, owner may take at the cost of the contractor, such steps

as may in all circumstances, be reasonable to make good such defects. The expenditure so incurred by

S.M.C. will be recovered from the amount due to contractor. The decision of Engineer-in-charge with

regard to the amount to be recovered from contractor will be final and binding on the contractor.

GC-13 POWER OF ENGINEER TO GIVE FURTHER INSTRUCTIONS :

The Engineer shall have the power and authority from time to time and at all times to give further

instructions and directions as may appear to him necessary or proper for the guidance of contractor

and the works and efficient execution of the works according to the terms of the specifications, and the

contractor shall receive, execute, obey and be bound by the same, according to the true intent and

meaning thereof, as fully and effectually as though the same had accompanied or had been mentioned or

referred to in the specifications. No work which radically changes the original nature of the contract

shall be ordered by the Engineer and in the event of any deviation being ordered, which in the opinion

of the contractor changes the original nature of the contract, the shall nevertheless carry it out and any

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

completion of works, in the event of any deviations, resulting in additional cost over the contract sum

being ordered, then be extended or reduced reasonable by the Engineer. The Engineer's decision in the

case shall be final and binding.

GC-14 PROGRAMME :

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

commence from date of Notice of intimation to proceed. The tenderer at the time of submitting his tender

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

of the works and shall confirm the same within fourteen (14) days of the acceptance of his Tender.

The contractor shall provide to the Engineer-in-charge a detailed programme of time schedule for

execution of the works in accordance with the specifications & the completion date. The entire

programme to be finalized by the Contractor, has to confirm to the execution period mentioned along

with the Bill of Quantities in the Tender Documents. The Engineer upon scrutiny of such submitted

programme by contractor, shall examine suitability of it to the requirement of contract and suggest

modifications, if found necessary.

GC-15 SUBLETTING OF WORKS :

No part of the contract nor any share or interest thereon shall in any manner or degree be transferred,

assigned or sublet by the contractor directly or indirectly to any firm or Corporation whatsoever except

as provided for in the succeeding sub clause without the consent in writing of the owner.

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

The owner may give written consent to sub-contractors for execution of any part of the work at the

site being entered upon by the contractors provided each individuals contractor is submitted to the

Engineer-in-charge before being entered into and in approved by him. List of Sub-Contractors is to

be supplied. Not with standing any subletting with such approval as aforesaid and not with standing the

Engineer-in-charge shall have received copies of any sub-contractors, the contractors shall be and shall

remain solely responsible for the quality and proper expeditions and execution of the works and the

performance of all the conditions of contract in all respects as if such submitting or sub-contracting had

not taken place and as if such work had done directly by the Contractor.

GC-17 TIME FOR COMPLETION:

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

served with a notice to proceed with the work and shall be completed before the date as mentioned

in the time schedule of work. The time is the essence of the contract and unless the same is extended as

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

2. The general time schedule for work is given in the tender document. Contractor shall prepare a

detailed weekly or monthly programme of work in consultation with Engineer-in-charge soon after

the agreement and the work shall be strictly executed accordingly. The time for as construction of

road given includes, the time required for testing, rectification if any, retesting and completion in all

respects to the entire satisfaction of the Engineer- in-charge.

GC-18 EXTENSION OF TIME :

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

Contractor to complete the work as per the stipulated dates referred to above arises from delays on

the part of Municipal Corporation in supplying the materials of equipment it has undertaken to

supply under the contract or from delays in handing over sites or from increase in the quantity of work

to be done under the contract, or force Majeure an appropriate extension of time will be given. The

Contractor shall request such extension within one month of the cause of such delay and in any case

before expiry of the contract period.

GC-19 CONTRACT AGREEMENT :

The successful tenderer shall when called upon to do so, enter into and execute the Contract

Agreement within (10) Ten days of the Notice of Award, in the form shown in tender documents

with such modifications as may be necessary in the opinion of the Municipal Commissioner. It should

be incumbent on the contract to pay the stamp duty and the legal charges for the completion of the

contract agreement.

GC-20A. PENALTY FOR DELAY :

If the contractor fails to complete the work within the stipulated completion date for the work or

he shall pay liquidated damages at one tenth of Two percent of contract value per day of delay in

completion and handing over the work or part thereof as the case may to the Municipal Commissioner.

The amount of liquidated damages shall, however, be subjected to a maximum of ten (10) percent of

the contract value. Delays in excess of one hundred days will be a cause for termination of the contract

and forfeiture of all security for performance.

The successful tenderer shall have to submit the progress bar-chart within fifteen days after the

contract, and the contractor should work as per the approved bar-chart, failing which the contractor

shall have to pay the compensation for delay as per the decision of Municipal Commissioner.

GC-21 FORFEITURE OF SECURITY DEPOSIT :

Whenever any claim arises against the contractor for the payment of a sum of money out of or under the

contract, the owner shall be entitled to recover such sum by appropriating in part of whole, the security

deposit of the contractor. In case the Security deposit is insufficient the balance recoverable shall be

deducted from any sum then due or which at any time thereafter may become due to the contractor

shall pay to the owner on demand may balance remaining due.

GC-22 ACTION OF FORFEITURE OF SECURITY DEPOSIT :

In any case in which under any clause or clauses of the contract, the contractor shall have forfeited

the whole of his Security deposit or have committed a breach of any of the terms contained in this

contract, the owner shall have power to adopt any of the following courses as he may deem best

suited to his interest -

(a) To rescind the contract (of which rescission notice in writing to the contractor under the hand of

the owner shall be conclusive evidence) in which case, the security deposit of the contractor shall stand

forfeited and be absolutely at the disposal of the owner.

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

cost of labour employed and the cost of materials supplied for which a certificate of the Engineer-in-

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

departmental charges and crediting him with the value of work done at the same rates as if it has

been carried out by the contractor under the terms of his contract. The certificate of Engineer-in-

charge as to the value of the work done shall be final and conclusive against the contractor.

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

his hand to give it to another contractor to complete. In this case the excess -expenditure incurred

than what whole have been paid to the original contractor, if the would work had been executed by

him, shall be earnest and paid by the original contractor and shall be deducted from any money due

to him by the owner under the contract or otherwise and for the excess expenditure, the certificate of the

Engineer- in-charge shall be final and conclusive.

In the event any of the above course being adopted by the owner, the contractor shall have no claim to

compensation for any less sustained by him by reason of his having purchased or procured any

materials or entered into any agreement so or made by advance on account of or with a view to the

execution of the work of the performance of the contract. In such case the contractor shall not be

entitled to recover or be paid by sum for any work actually performed under this contract unless the

Engineer-in-charge will certify in writing the performance of such work and the value payable in

respect thereof and the shall only be entitled to be paid the value so certified. In the event of the owner

putting in force the powers as stated in a, b, c, above vested in him under the preceding clause, he

may, if he so desire, take possession of all or any tools and plant, materials and stores in or upon the

work or the site thereof belonging to the contractor, or procured by him and intended to be used for

the execution of the work or any part thereof paying or allowing for the same in account at the contract

rates to be certified by the Engineer-in-charge whose certificate thereof shall be final otherwise the

Engineer-in-charge may give notice in writing to the contractor or his representative requiring him to

remove such tools plant materials or stores from the premises within the time specified in the notice

and in if the contractor fails to comply with any such notice, the Engineer-in-charge may remove them

at the Contractor's expenses or sell them by auction or private sale on account of the contractor and his

risks in all respects without any further notice as to the date, time to place of the sale and the

certificate of Engineer-in-charge as to the expenses of any such removal and the amount of the

proceeds and the expenses of any such sale shall be final and conclusive against the contractor.

GC-23 NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORK :

If at any time from the commencement of work, the owner shall for any reasons whatsoever not require

the whole or part thereof a specified in the tender to be carried out, the Engineer-in- charge shall give

notice in writing of the contractor, who shall have no claim to any payment or compensation

whatsoever on account of any profit or advantage which he might have derived from execution of work

in full, but which he did not derive in consequence of the full amount of the work not having been

carried neither shall be have any claim for compensation by reason if any alternations having been

made in original specifications, drawings, designs and instructions which shall involve any curtailment

of the work as originally contemplated.

When the contractor is a partnership firm, the prior approval in writing of the S.M.C.shall be obtained

before any change is made in the constitution of the firm, where the contractor is an individual or a

Hindu Undivided Family business concern, such approval as aforesaid shall, likewise be obtained

before sub- contractor enters into any agreement with other parties where under the reconstituted

firm would have the right to carry out the work hereby undertaken by the contractor. In either case if

prior approval as aforesaid is not obtained, the contract shall be deemed to have been allotted in

contravention of sub- letting clause hereof and the same action may be taken and the same consequence

shall ensure as provided in the sub-letting clause.

GC-24 IN EVENT OF DEATH OF CONTRACTOR :

Without prejudice to any of the right or remedies under the contract, if the contractor dies, the

owner shall have the option of terminating the contract without compensation to the contractor.

GC-25 MEMBER OF THE OWNER NOT INDIVIDUALLY LIABLE :

No official or employee of the owner shall in any way be personally bound or liable for the acts

or obligations of the owner under the contract or answerable for any default or omission in the

observance or performance of the acts, matters or things which are herein contained.

GC-26 OWNER NOT BOUND BY PERSONAL REPRESENTATIONS :

The contractor shall not be entitled to any increase on the Schedule of rates or any other rights or

claims whatsoever by reason of representation, explanation or statement or alleged representation,

promise or guarantees given or alleged to have been given to him by any person.

GC-27 CONTRACTOR'S OFFICE AT SITE :

The Contractor shall provide and maintain an office at the site for the accommodation of his agent and

staff and such office shall be opened at all reasonable hours to receive instructions, notice or other

communications.

GC-28 CONTRACTOR'S SUBORDINATE STAFF AND THEIR CONDUCT :

1. The contractor on award of the work shall name and depute a qualified Engineer, having experience

of carrying out work of similar nature, to whom equipment’s, materials, if, any, shall be issued and

instructions for work given. The contractor shall also provide to the satisfaction of Engineer in-

charge sufficient and qualified staff to superintend the execution of the work, competent sub-

agents, foremen and leading hands including those specially qualified by previous expeditions to a

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

quality and expeditions working, it, in the opinion of the Engineer-in-charge, additional properly

qualified supervision staff is considered necessary, if shall be employed by the contractor without

additional charge on account thereof. The contractor shall ensure to the satisfaction of the Engineer- in-

charge that sub - contractors, it any shall provide competent and efficient supervision over the work

entrusted to them.

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

other employees shall, in the opinion of Engineer-in-charge, be guilty of any misconduct or be

incompetent or insufficiently qualified or intelligent in the performance of their duties or that in opinion

of the owner or Engineer-in-charge, it is undesirable for administrative or any other reason for person or

persons to be employed in the works, the contractor, if so directed by the Engineer-in-charge, shall at

once remove person or persons from employment thereon. Any person or persons so removed shall not

again be reemployed in connection with the works without the written permission of the Engineer-in-

charge. Any person so removed from the works shall be immediately replaced at the expenses of

the contractor by acqualified and competent substitute. Should the contractor be required to repatriate

any person removed from the works he shall do so and shall bear all costs in connection therewith.

3. The contractor shall be responsible for the proper behavior of all the staff, foremen, workmen and

others shall exercise proper control over them and in particular and without prejudice to the same.

Generally, the contractor shall be bound to prohibit, and prevent any employee from trespassing or acting

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

of land and properties in the neighborhood and in the event of such employees so trespassing, the

contractor shall be responsible therefore and relieve the owner of all consequent claims, actions for

damages or injury or any other grounds whatsoever. The decision of the Engineer-in- charge upon any

matter arising under this clause shall be final.

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

be properly identified by badges of a type acceptable to the S.M.C. which must be worn at all times

on owner's premises.

GC-29 TERMINATION OF SUB-CONTRACTOR BY OWNER :

If any sub-contractor engaged upon the works at the site executes any work which in the opinion of

Engineer-in-charge is not in accordance with the contract documents, the S.M.C. may be give written

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

such notice shall terminate such sub-contract and the letter shall forthwith leave the works failing which

the owner shall have the right to remove such sub-contractors from the site.

No action taken by the owner under the above clause shall relieve the contractor of his liabilities

under the contract or give rise to any right to compensation, extension of time or otherwise.

GC-30 POWER OF ENTRY :

If the contractor shall not commence the work in the manner previously described in the contract

documents or if he shall, at any time, in the opinion of Engineer-in-charge.

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

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

(iii) Substantially suspend work or the works for a period of fourteen days without authority from

Engineer-in-charge or

(iv) Fail to carry out and execute the work to the satisfaction of the Engineer-in-charge or

(v) Fail to supply sufficient or suitable construction plant, temporary works, labour, materials or things

(vi) Commit breach of any other provisions of the contract on his part to be performed or observed or

persist in any of the above mentioned breaches of the contract for fourteen days after notice in writing

shall have been given to the contractor by the Engineer-in-charge requiring such breach to be remedied or

(vii) Abandon the work or

(viii) During the continuance of the contract becomes bankrupt, make any arrangement or compromise

with his creditors, or permit any execution to be levied or go into liquidation whether compulsory or

voluntary not being merely a voluntary liquidation for the purpose of amalgamation or

reconstruction then in any such case.

The owner shall have the power to enter upon the works and take possession thereof and of the

materials, temporary works, constructional plant and stock therein, and to revoke the contractor's

license to use the same and to complete the works by his agents, other contractor or workman or to

relate the same upon any terms and to such other person, firm or corporation as the owner in his absolute

discretion may think proper to employ, and for the purpose aforesaid to use or authorize the use of any

materials, temporary works, constructional plant, and stock as aforesaid, without making payment or

allowance to the Contractor for the said materials other than such as may be certified in written by the

Engineer-in-charge to be reasonable and without making any payment or allowance to the contractor for

the use of said temporary works, constructional plant and stock or being liable for any less or damage

thereto. If the owner shall be reason of his taking possession of the works or of the work being got

completed by other contractor incur excess certified by the Engineer-in-charge shall be deducted from

any money which may be due for the work done by the contractor under the contract and not paid

for. Any deficiency shall forthwith be made good and paid to the owner by the contractor and the owner

shall have power to sell in such manner and for such price as he may think fit all or any of the

constructional plant, materials etc. constructed by or belonging to and recoup and retain the said

deficiency or any part thereof out of the proceeds of the sale.

GC-31 CONTRACTOR'S RESPONSIBLITY WITH THE OTHER CONTRACTOR & AGENCIES:

Without repugnance to any other condition, it shall be the responsibility of the contractor executing the

work of civil construction to work in close co-operation and co-ordinate the work with other

contractors or their authorised representative and the contractor will put a joint scheme with the

concurrence of other contractors showing the arrange-ments for carrying his portion of the work to the

Engineer-in-charge and get the approval. The Engineer-in-charge before approving the joint scheme

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

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

statutory regulations, ordinances or by laws of any local or locally constituted authorities or public

bodies which may be applicable from time to time to works or any temporary works. The contractor

shall keep the owner indemnified against all penalties and liabilities of every kind arising out of

non-adherence to such statutes, ordinance, laws, rules, regulations, etc.

GC-32 OTHER AGENCIES AT SITE :

The Contractor shall have to execute the work in such place and condition where other agencies will

also be engaged for other works, such as site grading, filling and levelling, electrical and mechanical

engineering works, etc. No claim shall be entertained for works being executed in the above

GC-33 NOTICES :

Any notice under this contract may be served on the contractor or his duly authorised representative at

the job site or may be served by registered post direct to the official address of the contractor proof of

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

contents therein.

GC-34 RIGHT OF VARIOUS INTERESTS :

The owner reserves the right to distribute the work between more than one contractor. Contractor shall

co-operate and afford reasonable opportunity to other contractors for access to the works for the

carriage and storage of materials and execution of their works.

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

the owner is contingent upon work covered by this contract, the respective rights of the various

interests shall be determined by Engineer-in-charge to secure the completion of various portions of the

work in general harmony.

GC-35 PRICE ADJUSTMENT :

No adjustment in price shall be allowed as the time limit for completion of the project is less than One

GC-36 TERMS OF PAYMENT :

The payment of Bills shall be made progressively according to the rules and practice followed by the

Municipal Corporation. The progressive payment unless otherwise provided in the Contract

Agreement or subsequently agreed to by the parties, shall be made generally monthly on submission

of a bill by the Contractor in prescribed form in an amount according to the value of the work

performed less the aggregate of previous progressive payments and as required by clause GC-37

(Retention money) herein. All such progressive payment shall be regarded as payment by way of advance

against final payment.

Payment for the work done by the contractor will be based on the measurement at various stages of

the work, in accordance with the conditions at Clause GC-77 (Measurement of Work in Progress)

GC-37 RETENTION MONEY :

Pursuant to Clause GC-36 Terms of Payment) on all money due to the contractor for work done,

Municipal Corporation will hold as retention money of Seven percent (5% + 2%) of the value of work.

The retention money will not normally be due for payment until the completion of the entire work and

till such period the work has been finally accepted by the Municipal Corporation and completion

certificate issued by the Municipal Corporation in pursuant to Clause No.GC-83 (Completion

However, after the assurance of completion certificate, and Municipal Commissioner may at its own

discretion and having considered the Contractor's performance and diligence during the contract time

allow the retention money to converted into a Bond as stipulated in the Clause GC-10 (Performance

Bond Security Deposit).

GC-38 PAYMENT DUE FROM THE CONTRACTOR :

All costs, damages or expenses, for which under the Contract the Contractor is liable to the Municipal

Corporation deducted by the Municipal Corporation from any money due or becoming due to the

Contractor under the contract or from any other contract with the Municipal Corporation or may be

recovered by action at law or other-wise from the Contractor.

GC-39 CONTINGENT FEE :

1. The Contractor warrants that he has not employed any person to solicit or secure the contract upon

any agreement for a commission, percentage, brokerage or contingent fee. Breach of this warranty

shall give the Municipal Commissioner the right to cancel the contract or to take any other measure as

the Municipal Commissioner may deem fit. The warranty does not apply to commissions payable by

the contractor to establish commercial or selling agent for the purpose of securing business.

2. No officer, employer of the Municipal Corporation be admitted to any share or part of this contract or

to any benefit that may rise therefrom.

GC-40 BREACH OF CONTRACT BY CONTRACTOR :

If the contractor fails to perform the work under the contract with due diligence or shall refuse or

neglect to comply with instruction given to him in by the Engineer-in-charge accordance with the

contract, or shall contravene the provisions of the contract, the S.M.C. may give notice in writing to the

contractor to make good such failure, neglect or contravention. Should the Contractor fail to comply with

such written notice within twenty eight (28) days or receipt, if the Municipal Commissioner shall think

fit, it shall be lawful for the Municipal Corporation, without prejudice to any other rights, the

contractor may have under the contract, to terminate the contract for all or part of the works, and to

make any other arrangements it shall deem necessary to complete the work outstanding under the

contract at the time of termination. In this event Article GC-15 (Subletting of work)and GC-16 (Sub-

Contracts for Temporary Works etc.)hereof shall be invoked and the performance Bond shall

immediately become due and payable to the Municipal Commissioner the value of the work done on the

date of termination and not paid for shall stand forfeited to the Municipal Corporation and the

Municipal Corporation shall have free use of any works which the contractor may have at the site at the

time of termination of the contract.

GC-41 DEFAULT OF CONTRACTOR :

1. The Municipal Corporation may upon written notice of default to the contractor terminate the

contract in circumstance detailed hereunder :

(a) If in the judgement of the Municipal Corporation the contractor fails to make completion of

works within the time specified in the completion schedule or within the period for which extension has

been granted by the Municipal Corporation /Engineer to the Contractor.

(b) If in the judgement of the Municipal Corporation the contractor fails to comply with any of the

provisions of this contract.

2. In the event the Municipal Commissioner terminates the contract in whole or in part as

provided in Article GC-48 (Termination of Contract), the Municipal Corporation reserves the right to

purchase upon such terms and in such manner as it may deem appropriate, plant similar to that terminated

and the contractor will be liable to the Municipal Corporation for any additional costs for such

similar and / or for liquidated damaged for delay until such reasonable time as may be required for the

final completion of works.

3. If this contract is terminated as provided in this paragraph GC - 30 (Power of entry) (1) the

Municipal Corporation in addition to any other rights provided in this clause, may require the

Contractor to transfer title and deliver to the Municipal Corporation under any of the following cases

in the manual and as directed by the Municipal Corporation. (a) Any partially completed information

and contract rights as the contractor has specifically produced or acquired for the performance of the

contract so terminated.

4. In the event the Municipal Corporation does not terminate the contract as provided in the

paragraph GC- 48 (Termination of Contract) the Contractor shall continue performance of the

contract, in which case the shall be liable to the Municipal Corporation for liquidated damages for

delay until the works are accepted.

GC-42 BANKRUPTCY :

If the Contractor shall become bankrupt or insolvent or have a receiving order made against him, or

compound with the creditors, or being the Municipal Corporation commence to be wound up, not

being a member's Voluntary winding up for the purpose of amalgamation or reconstruction, or carry

on its business under a receiver for the benefit of his creditors or any of them, the owner shall be at

liberty to either (a) terminate the contract forthwith by giving notice in writing to the contractor or

to the receiver or liquidator or to any person or organization in whom the contract may become vested

and to act in the manner provided in Article GC-41 (Default of Contractor) as though the last

mentioned notice had been the notice referred to in such Article of (b) to give such receiver liquidator

or other person in work the contract may become vested the option of carrying out the contract

subject to his providing a satisfactory guarantee for the due and faithfully performance of the contract

subject to his providing a satisfactory guarantee for the due and faithful performance of the contract

upto an amount to be agreed. In the event that the Municipal Corporation terminates the Contract in

accordance with this article, the performance Bond shall immediately become due and payable on

demand to Municipal Corporation.

GC-43 OWNERSHIP :

Works supplied pursuant to the Contract shall become the property of the Municipal Corporation

from whichever is the earlier of the following times, namely,

(a) When the works are completed pursuant to the Contract.

(b) When the Contractor has been paid any sum to which he may become entitled in respect thereof

pursuant to clause GC-36 (Terms of Payment).

GC-44 DECLARATION AGAINST WAIVER :

The condonation by the Municipal Corporation of any breach of breaches by the stipulations and

conditions contained in the contract shall in no way prejudice or effect to the constructed as a waiver of

the Municipal Corporation rights, powers and remedies under the contract in respect of any breach

GC-45 LAWS GOVERNING THE CONTRACT :

The contract shall be constituted according to and Subject to the laws of India and the State of

Gujarat and under the jurisdiction of the courts of Gujarat at Surat.

GC-46 OVERPAYMENT AND UNDERPAYMENT :

Whenever any claim forth payment of a sum to the Municipal Corporation arises out of or under this

Contract against the contractor the same may be deducted by the Municipal Corporation from any sum

then due or which at any time thereafter may become due to the contractor under this contract and failing

that under any other contract with the Municipal Corporation or from any sum due to the contractor

with the Municipal Corporation (which may be available with Municipal Corporation), or from his

retention money, or he shall pay the claim on demand. The Municipal Corporation reserves the

right to carry out post payment audit and technical examination of the final bill including all

supporting vouchers, abstracts, etc.

The Municipal Corporation further reserves the right to enforce recovery of any over payment when

detected no withstanding the fact that the amount of the final bill may be included by the Contractor.

It as a result of such audit and technical examination any over payment is discovered in respect of

any work done by the Contractor or alleged to have been done by him under the contract, it shall

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

above or if any under payment is discovered by the Municipal Corporation, any amount due to the

contractor under this contract or under payment may be adjusted against any amount then due or which

may at any time thereafter become due before payment is made to the contractor from him to the

Municipal Corporation on any other contract account whatsoever.

GC-47 SETTLEMENT OF DISPUTES :

Except or otherwise specifically provided in the contract, all disputes concerning questions of fact

arising under the contract shall be decided by the Commissioner, subject to a written appear by the

Contractor to the Commissioner, and these decisions shall be final and binding to the contractor.

GC-48 TERMINATION OF THE CONTRACT:

1. If the Contractor finds it impracticable to continue operation owing to Force Majeure reasons or for

any reason beyond his and/or the Municipal Commissioner find site impossible to continue operation

when prompt notification in writing shall be given by the party affected to the other.

2. If the delay or difficulties so caused can not be expected to cease or become unavoidable or if

operations can not be resumed within six(6) months the party shall have the right to terminate the

contract upon Ten (10) days written notice to the other. In the event of such termination of the

contract, payment to the Contractor will be made as follows :

a) The Contractor shall be paid for all works approved by the Engineer and for any other legitimate

expenses due to him.

b) If the Municipal Commissioner terminates the contract owing to Force Majeure or due to any cause

beyond its control, the contractor shall additionally be paid for any work done during the said Six (6)

months period including any financial commitment made for the proper performance of the Contract

and which are not reasonable defrayed by payment under (a) above;

c) The Municipal Commissioner also release all bonds and guarantees at its disposal except is cause

where the total amount of payments made to the contractor exceeds the final amount due to him in which

where the total amount of payments made to the contractor exceeds the final amount due to him in which

case the contractor shall refund the excess amount within Sixty (60) days after termination and the

Municipal Commissioner thereafter shall release all bonds and guarantees, should the contractor fail to

refund the amount received in excess within the said period such amounts shall be deducted from the

bonds or guarantees provided.

3. On the termination of the contract for any cause the contractor shall see the orderly suspension

and termination of operations, with due consideration to the interests of the Municipal Corporation

with respect to completion, safeguarding or storing of materials procured for the performance of the

contract and the salvage and resale thereof.

GC-49 CHANGES IN CONSTITUTION :

Where the contractor is a partnership firm, the prior approval in writing of the Municipal Commissioner

shall be obtained any change is made in the constitution of the firm. Where the contractor is an

individual or an undivided family business concern such approval as aforesaid shall like wise be

obtained before the contractor enters into any partnership agreement where under the partnership firm

would have the right to carry out the works hereby undertaken by the contractor. If prior approval as

aforesaid is not obtained the contract shall be deemed to have been assigned in contravention of Article

GC-50 SUB-CONTRACTUAL RELATIONS :

All work performed for the contract by sub-contractor shall be pursuant to an appropriate agreement

between the contractor and sub-contractor which shall contain provisions to :

a) Protect and preserve the rights of the Municipal Corporation and the Engineer with respect to

the work to be performed under the sub-contract so that the sub-contractor thereof will not prejudice such

b) Require that such work be performed in accordance with requirements of the Contract

c) Require under such contract of which the contractor is a party, the submission to the

contractor of application for payment and claims for additional costs, extension of time, damages for

delay or otherwise with respect to the sub- contracted portions of the work in sufficient time, that the

contractor may apply for payment and comply in accordance with the contract Documents for like claim

by the Contractor upon the Municipal Corporation.

d) Waive all rights the contracting parties may have against one another for damages caused by fire

or other perils covered by the property insurance except such rights as they may have to the proceeds

so such insurance held by the Municipal Corporation as trustee and,

e) Obligate each sub-contractor specifically to consent to the provisions of this Article.

If, at any time, there should be evidence of any lien or claim for which owner might have become liable

and which is chargeable to the contractor, the owner shall have the right to retain out of any payment

then due or thereafter to become due an amount sufficient to completely indemnify the owner

against such lien or claim or if such lien or claim be valid the owner may be or become due and

payable to the contractor. If any lien or claims remaining, unsettled after all payments are made, the

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

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

GC-52 EXECUTION OF WORK :

The whole work shall be carried out in strict conformity with the provisions of the Contract Documents,

detailed drawings, specifications and the instructions of the Engineer-in-charge from time to time. The

Contractor shall ensure that the whole work is executed in the most substantial, proper and best

workmanship using materials of best quality in strict accordance with the specifications to the entire

satisfaction of the Engineer-in- charge.

GC-53 WORK IN MONSOON :

When the work continues in monsoon, the contractor shall maintain minimum labour force required, for

the work and plan and execute the construction and erection work according to the prescribed schedule.

No extra rate will be considered for such work in monsoon. During monsoon and entire

constructing period the contractor shall keep the site free from water at his own cost.

GC-54 WORK CLOSED ON SUNDAYS & HOLIDAYS & BETWEEN SUNSET AND SUNRISE:

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

between sunset and sunrise. Except with the special permission of Engineer-in-charge in writing

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

contractor or cause for compensation to them. Working period shall be maximum eight (8) hours per

GC-55 EXTRA SUPERVISION CHARGES TO BE BORNE BY CONTRACTOR :

Further to clause No.GC-54 when Engineer-in-charge feels necessary to give permission to contractor

for carrying out work for period of more than Eight hours working period in a day and/or to continue

work on Sunday and Corporation holidays. Extra Supervision charges arising due to overtime working of

Corporation's staff shall be borne by the contractor at prevailing rates from time to time. Such extra

supervision charges shall be deducted by Corporation from the running bill/s of the contractor at Surat

Municipal Corporation's description.

GC-56 DRAWING TO BE SUPPLIED BY THE OWNER :

The drawings attached with the tender documents shall be for general guidance of the contractor to

enable him to visualize the type of work contemplated and scope of work involved. Detailed working

drawings according to which the work is to be done shall be furnished from time to time as the work

progresses. The contractor shall study the drawings thoroughly in connection with other connected

details and discrepancy if any bring to the notice of the Engineer-in-charge before actually carrying

GC-57 DRAWINGS TO BE SUPPLIED BY THE CONTRACTOR :

Where drawings, date are to be furnished by the contractor they shall be as enumerated in special

condition of contract and shall be furnished within the specified time. Where approval of drawings

has been specified it shall be the Contractor's responsibility to have these drawings got approved

before any work is taken up with regard to the same. Any changes becoming necessary in these

drawings during the execution of the work shall have to be carried out by the contractor at no extra cost.

All final drawings shall bear the certification stamp as indicated below duly signed by both the contractor

and Engineer- in-charge.

"Certified true for ___________________________________project Agreement

Contractor Engineer-in-charge Drawings will be approved within three (3) weeks of the receipt of the

same by the Engineer-in-charge.

GC-58 SETTING OUT WORK :

The contractor shall set out the work on the site handed by the Engineer-in-charge and shall be

responsible for the correctness of the same. The work shall be carried out to the entire satisfaction of

Engineer-in-charge. The approval thereof or partaking by Engineer-in-charge in setting out work shall

not relieve contractor of any of his responsibilities.

The contractor shall provide at his own cost all necessary level posts, pegs, bamboos, flage, ranging,

rods, strings and other materials and labourers required for proper setting out of the work. The

Contractor shall provide, fix and be responsible for the maintenance of all stakes, temples level marks

profiles and similar other things and shall take and necessary precautions to prevent their removal or

disturbance and shall be responsible for the consequence for such removal or disturbance. The contractor

shall also be responsible for the maintenance of all existing Survey Marks, Boundary Marks, Distance

Marks and Centre line marks either existing or fixed by the Contractor. The Centre, longitudinal or

face lines and cross lines shall be marked by small masonry pillars. Each pillar shall have distance

mark at the centre for setting up the theodolite. The work shall not be started unless the setting out is

checked by Engineer-in-charge in writing but such approval shall not relive the contractor of his

responsibilities. The contractor shall provide all materials, labour and other facilities necessary for

checking at his own cost.

Pillars bearing geodetic marks on site shall be protected by the Contractor. On completion of the work

the contractor shall submit the Geodetic documents according to which the work has been carried out.

GC-59 RESPONSIBILITIES OF CONTRACTOR FOR CORRECTTNESS OF WORK:

The contractor shall be entirely and exclusively responsible for the correctness of every part of the

work and shall rectify completely and errors thereon at his own cost when so instructed by Engineer-in-

1. Materials to be supplied by Contractor :

Contractor shall procure and provide all the materials required for the execution and maintenance of

work including M.S. rods, all tools, tackle, construction plant and equipment except the materials to be

supplied by the owner detailed in the contract documents and for the transport thereof, owner, shall

made recommendations to the respective authorities if designed by the contractor but assumes no

responsibility or any nature. Owner shall insist for procurement of materials with ISI Marks supplied

by reputed firms on the DGS & D List. 2. If however the Engineer-in-charge feels that work is likely to

be delayed due to contractor's inability to procure the materials, the Engineer-in-charge shall have

the right to procure materials from the market and the contractor will accept these materials at the rates

decided by Engineer-in-charge

GC-60 MATERIALS TO BE SUPPLIED BY THE OWNER :

1. If the contract provides certain materials or stores to be supplied by the S.M.C. such

materials and stores shall be transported by the contractor at his cost from S.M.C's stores or Railway

Station. The sum due from contractor for the value of materials supplied by the owner will be

recovered from the R.A.Bill on the basis of actual consumption of materials in the work covered and for

which R.A.Bill has been prepared. After completion of the work contract has to account for the full

quantity of materials supplied to him.

2. The value of store materials supplied by the S.M.C. to the contract shall be charged at rates

shown in the contract document and in case any other material not listed in the schedule of materials

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

incurred in procuring the same. All materials so supplied shall remain the property of the owner and

shall not be removed from the site on any account. Any material remaining un-used at the time of

completion of work or termination of contract shall be returned to S.M.C.'s store or any other place

as directed by the Engineer-in-charge in perfectly good condition at contractor's cost. When materials are

supplied free of cost for us in work and surplus and unaccounted balances thereof are not returned

to the Municipal Corporation, recovery in respect of such balance will be effected at double the

applicable issue rate of the materials or the market rate whichever is higher.

GC-61 CONDITIONS OF ISSUE OF MATERIALS BY THE S.M.C.:

a) The materials specified to be issued by the S.M.C. to the contractor shall be issued by the

S.M.C.'s store or at Railway Station and all expenses for its shifting to site shall be borne by the

contractor. The materials will be issued during working hours and as per rules of S.M.C. from time to

b) Contractor shall bear all expenses for storage and safe custody at site of materials issued to

him before use in work.

c) Material shall be issued by the S.M.C.in Standard/non-standard sizes as obtained from

d) Contractor shall construct suitable godowns at site for storing the materials to protect the

same from damage due to rain, dampness, fires, theft etc.

e) The contractor should take the delivery of the materials issued by the S.M.C. after satisfying

himself that they are in good conditions. Once the materials are issued, it will be the responsibility of

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

they are stolen, it shall be the responsibility of the contractor to replace them at his according to the

instructions of the Engineer-in-charge.

f) For delay in supply or for non supply of materials to be supplied by the S.M.C., on account of

natural calamities, act of enemies, other difficulties beyond the control of the S.M.C., the S.M.C.

carries non-responsibilities. In no case the contractor shall be entitled to claim any compensation for

loss suffered by him on this account.

g) None of the materials issued to the contractor, shall be used by the Contractor for manufacturing

items which can be obtained from manufacturer. The materials issued by the owner shall be used for the

work only and no other purpose.

h) Contractor shall be required to execute indemnity bond in the prescribed form for the same custody

and account of materials issued by the owner.

i) Contractor shall furnish sufficiently in advance a Statement of his requirements of quantities of

materials to be supplied by the S.M.C. and the time when the same will be required for the work, so as

to enable Engineer-in-charge to make arrangements to procure and supply the materials.

j) A daily account of materials issued by the owner shall be maintained by the Contractor showing

receipt, consumption and balance in head in the form laid down by Engineer-in-charge with all

connected paper and shall be always available for inspection in the site office. k) Contractor shall see that

only the required quantities of materials are got issued and no more. The contractor shall be

responsible to return the surplus materials in good condition at S.M.C.'s store at his own cost.

GC-62 MATERIALS PROCURED WITH ASSISTANCE OF THE OWNER :

Notwithstanding anything contained to the contrary in any of the clauses of this contract, where any

materials for the execution of the contract are procured with the assistance of the S.M.C. either by issue

from S.M.C. stock or purchase made under orders or permits or licenses issued by the Government, the

contractor shall hold the same materials as trustees for owner and use such materials economically and

solely for the purpose of contract and not dispose them off without the permission of S.M.C.and return, if

required by Engineer-in-charge, all surplus or unserviceable materials that may be left with him after the

completion of the contract or at its termination for any reason whatsoever on his being paid or credited

such prices as Engineer-in-charge shall determine having due regard to the conditions of the materials.

The price allowed to contractor shall not exceed the amount charged to him excluding the storage

charges if any. The decision of Engineer-in-charge shall be final and conclusive in such matters. In

the event of breach of the aforesaid condition, the contractor shall in terms of license of permits and/or

for criminal breach of trust be liable to compensate S.M.C. at double rate or any higher rates. In the event

of these materials at that time having higher rate or not being available in the market then any other rate

to be determined by the Engineer-in-charge and his decision shall be final and conclusive.

GC-63 MATERIALS OBTAINED FROM DISMANTLING :

If the contractor, in the course of execution of work is called upon to dismantle any part for reasons

other than on account of bad or imperfect work, the materials obtained from dismantling will be the

property of the S.M.C. and will be disposed of as per instruction of Engineer-in-charge in the best

interest of the S.M.C.

GC-64 ARTICLE OF VALUE OR TREASURE FOUND DURING CONSTRUCTION:

All gold, silver and other minerals of any description and all previous stones, coins, treasures, relics,

antiquities and other similar things which shall be found in under or upon site shall be the property of

the owner and the contractor shall property preserve the same to the satisfaction of Engineer-in-charge

and shall hand over the same to the owner.

GC-65 DISCREPANCIES BETWEEN INSTRUCTIONS :

If there is any discrepancy between the various stipulations of the contract documents of instructions to

the contractor or his authorised representative or if any doubt arises as in the meaning of such

stipulation or instructions, the contractor shall immediately refer in writing to the Engineer-in-charge

whose decision shall be final and conclusive and no claim for losses caused by such discrepancy, shall

in any event be admissible.

Incase there is any discrepancy in measurements showing drawing and specifications, the same shown in

drawing shall be considered as final and will be binding upon the contractor.

GC-66 SCHEDULE OF QUANTITIES AND EXTRA ITEMS :

A. Schedule of Quantities :

Variations in the quantities of work in schedule of quantities shall not vitiate the contract. The rates

quoted for the individual items shall apply for the quantities of work increased or decreased by not

more than twenty percent for each of the items, should the quantities of work actually involved under

any item vary by more than thirty (30%)percent, the rate for such item of work shall be revised in

accordance with the procedures indicated under clause "Extra Items". The payment for the items will,

however, continue to be at the original rate till the revised rate decided.

B. Extra Items :

Extra Items of work shall not vitiate the contract. The contractor shall be bound to execute extra

items of work as directed by the Engineer-in-charge. The rates for extra items shall be derived

from the S.O.R.(R&B Division) Year 2024-2025 and quoted premium of tender. If the rate of extra

item is not available in S.O.R. it will be derived on prevailing market rate.

GC-67 ACTION WHEN NO SPECIFICATION IS ISSUED :

In case of any class of work for which no specification is supplied by the S.M.C. in the tender

documents, such work shall be carried out in accordance with I.S.S. do not cover the same, the work

should be carried out as per standard Engineering practice subject to the approval of Engineer-in-

GC-68 ABNORMAL RATES :

Contractor is expected to quote rate for each item after careful analysis of cost involved for the

performance of the completed item considering all specifications and conditions of contract. This will

avoid loss of profit or gain in case of curtailment or change or specification for any item. In case it is

notice that the rates quoted by a tenderer for any item is usually high or unusually low, it will be

sufficient cause for rejection of tender unless the S.M.C. is convinced about the reasonableness of

the rates on scrutiny of the analysis for such rate to the furnishing by the tenderer or demand.

GC-69 ASSISTANCE TO ENGINEER-IN-CHARGE :

Contractor shall make available to Engineer-in-charge free of cost all necessary instruments and

assistance in checking of any work made by the contractor for taking measurement of work.

GC-70 TEST OF QUALITY OF WORK :

1. All workmanship shall be of the best kind described in the contract document and in accordance

with the instructions of Engineer-in-charge and shall be subjected from time to time to such test at

contractor's cost as the Engineer-in-charge may directed at the place of manufacture of fabrication or on

site or at any such place. Contractor shall provide assistance, instruments labour and materials as are

normally required for examining measuring and testing any work workmanship as may be selected and

required by Engineer-in-charge.

2. All tests will be necessary in connection with the execution of work as decided by Engineer-in-charge

shall be carried out at an approved laboratory at contractor's cost.

3. The contractor shall furnish to Engineer - in - charge for approval when requested or if required by

the specification adequate samples of all materials and finished goods to be used in work and

sufficiently in advance to permit test and examination thereof. All materials furnished and finished

goods applied in work shall be exactly as per the approved samples.

4. All the testing charges shall be borne by the Contractor.

GC-71 ACTION AND COMPENSATION IN CASE OF BAD WORKMANSHIP :

If it shall appear to the Engineer-in-charge that any work has been executed with materials of inferior

description, or quality or are unsound or with unsound imperfect or unskilled workmanship or otherwise

not in accordance with the contractor shall, no demand in writing from Engineer-in-charge or his

authorised representative specifying the work, materials or articles companied of, notwithstanding

that the same may have been inadvertently passed, certified and paid for forthwith rectify or remove

and reconstruct the work, specified and in the event of failure to do so within a period to be specified

by Engineer- in-charge in his aforesaid demand, contractor shall be liable to pay compensation at the rate

of one (1) percent of the tendered cost of work for every Ten (10) days limited to a maximum of Ten

(10%) Percent of the value of work while his failure to do so continue and in the case of any such

failure the Engineer-in- charge may on expiry of the notice period rectify and remove and reexecute the

work or remove and replace with other at the risk and cost of the Contractor. The decision of the

Engineer-in- charge as to any question arising under this clause shall be final and conclusive.

GC-72 SUSPENSION OF WORK :

Contractor shall, if ordered in writing by Engineer-in-charge or his representative temporarily suspended

the work or any part thereof for such time (not exceeding two months) as ordered and shall not after

receiving such written order proceed with the work until he shall have received a written order to

proceed therewith the contractor shall not be entitled to claim compensation for any loss or damage

sustained by him by reason of temporary suspension of work as aforesaid. An extension of time for

completion of work will be granted to the contractor corresponding to the delay caused by such

suspension of work if the applied for the same provided the suspension was not consequent upon any

default or failure on the part of the contractor.

GC-73 OWNER MAY DO PART OF THE WORK :

When the contractor fails to comply with any instructions given in accordance with the provisions of

this contract, the S.M.C. has the right to carry out such parts of work as the S.M.C. may designate

whether by purchasing materials and engaging labour or by the agency of another contractor. In such

case the S.M.C.shall deduct from the amount which otherwise might become due to contractor the

cost of such work and materials with Ten (10%) percent added to cover all departmental charges and

should the total amount thereof exceed the amount due to contractor, contractor shall pay the

should the total amount thereof exceed the amount due to contractor, contractor shall pay the

difference to S.M.C.

GC-74 POSSESSION PRIOR TO COMPLETION :

The Engineer-in-charge shall have the right to take possession of or to use any completed or partly

completed work or part of work, such possession or use shall not be deemed to be an acceptance of

any work completed in accordance with the contractor. If such prior possession or use by

Engineer-in- charge delays the progress of work, equitable adjustment in the time of completion will be

made and the contract shall be deemed to be modified accordingly.

GC-75 COMPLETION CERTIFICATE :

As soon as the work has been completed in accordance with contract (except in minor respect that

do not effect their use for the purpose for which they are intended and except for maintenance thereof)

as per general conditions of contract and has passed the tests on completion, the Engineer-in-charge

shall issue a certificate (hereinafter called completion certificate) in which he shall certify the date on

which work has been completed and has passed the said tests and S.M.C. shall be deemed to have

taken over work on the date so certified. If work has been divided in various groups in contract, S.M.C.

shall be entitled to take over any group or groups before the other or others and there-upon the

Engineer-in-charge will issue a completion certificate which will, however, be for such group or

groups so taken over only. In order that contractor could obtain a completion certificate, he shall

made good, with all speed any defect arising from the defective materials supplied by contractor or

workmanship or any act or commission of contract that may have been discovered or developed after

the work or group of works has been taken over. The period allowed for carrying out such work will

be normally, one month. If any defect be not remedied within a reasonable time, S.M.C. may proceed to

do work at contractor's risk and expenses and deduct from the final bill such amount as may be decided

by S.M.C. If by reason of any default on the part of the contractor, a completion certificate has not

been issued in respect of every portion of work within one month after the date fixed by contractor

for completion of work, S.M.C. shall be at liberty to use work or any portion thereof in respect of which

a completion-certificate has been issued, provided that work or the portion thereof so used as aforesaid

shall be afforded reasonable opportunity for completion of this work for the issue of completion

GC-76 SCHEDULE OF RATES :

1. The price/rates quoted by the contractor shall be remain firm till the issue of final certificate and shall

be subject to price ADJUSTMENT CLAUSE GC-35. Schedule of rates shall be deemed to include

and cover all costs expenses and liabilities of every description and all risks of every kind to be taken in

executing, completing and handling overwork to owner by contractor. Contractor shall be deemed to

have known the nature, scope, magnitude and the extent of work and materials required through

contract documents may not fully and precisely furnish them. He shall make such provision in the

schedule of rates as he may consider necessary to cover the cost of such items of work and materials as

may be reasonable and necessary to completion work. The opinion of Engineer-in-charge as to the item

of work shall be final and binding on Contractor although the same may be not shown on or described

specifically in contract documents.

2. The Schedule of rates shall be deemed to include and cover the cost of all constructional plant,

temporary work, pumps, materials, labour and all other materials in connection with each item in

schedule of rates and the execution of work or any portion thereof furnished complete in every respect

and maintained as shown or described in the contract document or as may be ordered in writing during

the continuance of the contract.

3. The Schedule of rates shall be deemed to include and cover the cost of all royalties and free for the

articles and processes, protected by letters patent or otherwise incorporated in or used in connection with

work, also all royalties, and other payments in connection with materials of whatsoever kind for work

and shall include an indemnity to-owner which contractor hereby gives against all action, proceeding,

claims, damages, costs and expenses arising from the incorporation in use of work of any such articles,

processes or materials. Octroi of other Municipal or Local Board charges if levied on materials

equipment of machineries to be brought to site for use on work shall be borne by the contractor.

4. No exemption or reduction of custom duties excise duties, sales-tax or any other taxes or charges of

the Central or State Government any local body whatsoever will be granted to obtained. All of such

expenses shall be deemed to have been included in and covered by schedule of rates. Contractor will

also obtained and pay for all permits or other privileges necessary to complete work.

5. The schedule of rates shall be deemed to include and cover risk on account of delay or interference

with contractor's conduct of work which may occure from any cause including orders of S.M.C. in the

exercise of his power and no account of extension of time granted due to various reasons.

6. For work under unit rate basis no alteration will be allowed in the schedule of rates by reason of work

or any part of them being field, altered extended, diminished or omitted.

GC-77 PROCEDURE FOR MEASUREMENT OF WORK IN PROGRESS :

1. All measurements shall be in metric system. All the work in progress will be jointly measured by

the representative of Engineer-in-charge and contractor's authorised agent. Such measurements will be

got recorded in the measurement book by the Engineer or his authorised representative and signed by

contractor or his authorised agent in token of acceptance. If the contract or his authorised agent fails

to be present when even required by the Engineer-in-charge for taking measurements for any reasons

whatsoever, the measurement will be taken by the Engineer - in - charge or his authorised

representative not withstanding the absence of contract and these measurement will be deemed to be

correct and binding on contractor.

2. Contractor will submit a bill in approved performa in duplicate to the Engineer - in - charge of

the work giving abstract and detailed measurements of various items executed during a month as

mutually agreed. The Engineer-in-charge shall verify the bill and the claim, as far as admissible,

adjusted if possible, within 10 days of presentation of the bills.

3. In case of Tenders for completed items of work, contractor may be allowed 'Secured Advance' on

the Security of materials brought to site for execution of the constructed items of work the extent of 75%

of the value of materials of unperishable nature and an agreement be drawn up with contractor under

which the owner secured a lien on these materials and is safe guarded against losses due to any

reasons whatsoever. Recoveries of advance paid would not be postponed till the whole work is

completed but shall be adjusted from his work done or the materials used, the necessary deductions

being made when the items of work in which they are used and are billed for. When the mode of

measurement is not covered by contract for any item of work it shall be as per latest I.S.I.

GC-78 RUNNING ACCOUNT PAYMENT TO BE RECOVERDED AS ADVANCES :

1. All running account payments shall be regarded as payments by way of advance against the final

payment only and not as payment for work actually done and completed and shall not preclude the

requiring of bad, unsound and imperfect or unskilled work to be removed and taken away and

reconstructed or to be considered as an admission of the due performance of contract or any part thereof.

GC-79 NOTICE FOR CLAIM FOR ADDITIONAL PAYMENT :

If the contractor considers that he is entitled to extra payment or compensation or any claim whatsoever

in respect of work, he shall forthwith give notice in writing to the Engineer-in-charge about his extra

payment and/or compensation. Such notice shall be given to the Engineer-in-charge within Ten (10)

days from the happening of any event upon which contractor basis such claims and such notice shall

contain full particular of the nature of such claim with full details and amount claimed. Failure on

the part of the contractor to put forward any claim with the necessary particulars as above within the

time above specified shall be an absolute waiver thereof. No commission by S.M.C. to reject any such

claim and no delay in dealing therewith shall be waiver by S.M.C. of any rights in respect thereof.

GC-80 PAYMENT OF CONTRACTOR'S BILL :

1. The price to be paid by the S.M.C. to contractor for the work to be done and for the performance of

all the obligations under taken by the contractor under contract shall be based on the contract price and

payment to be made accordingly for the work actually executed and approved by the Engineer-in-

2. No payment shall be made for work costing less than Rs.5,000/-till the work is completed and a

certificate of completion given. But in case of work estimated to cost more than Rs.5,000/- contractor

on submitting the bill thereof will be entitled to receive a monthly payment, proportionate to the part

thereof, approved and passed by Engineer-in-charge whose certificate of such approval and passing of

the sum so payable shall be final and conclusive against contractor. This payment will be made after

making necessary deductions as stipulated elsewhere in the contract documents for materials,

security deposit, etc. The payment shall be released to the contractor within Thirty ( 30 ) days of

submission of the bill in case of running bill and with in two (02) months in case of final bill, contractor

shall present the bill duly pre-receipted on proper revenue stamp.

Payment due to Contractor shall be made by the by crossed Accounts payee cheque in Indian currency

forwarding the same to the registered office of the contractor. Owner shall not be responsible if the

cheque is mislaid or misappropriated by unauthorized person.

GC-81 FINAL BILL :

The final bill shall be submitted by Contractor within two (02) month of the date of physical

completion of work, Otherwise the Engineer-in-charge certificate of the measurement and of total

amount payable for work shall be finalized binding on all parties.

GC-82 RECEIPT FOR PAYMENT :

Receipt for payment made on account of work when executed by a firm must be signed by a person

holding power of attorney in this respect on behalf of contractor except when described in the tender as

a limited company in which case the receipt must be signed in the name of the company by one of

its principal officers or by some other person having authority to give effectual receipt for the

GC-83 COMPLETION CERTIFICATE :

1. When the contractor fulfil his obligation as per terms of contract he shall be eligible to apply for

completion certificate. Contractor may apply for separate completion certificate in respect of each

such portion of work by submitting the completion documents alongwith such application for

completion certificate.

The Engineer-in-charge shall normally issue to contractor the completion certificate within 2 (Two)

month after receiving an application thereof from contractor after verifying from the complete

documents and satisfying himself that work has been completed in accordance with and as set out in

the construction and erection drawings and the contract document. Contractor after obtaining the

completion certificate is eligible to present the final bill for work executed by him under the terms of

2. Within 2 (Two) month of completion of work in all respect contractor shall be furnished with a

certificate by the Engineer-in-charge of such completion but no certificate shall be given nor shall work

be deemed to have been executed, until all (1) scaffolding, surplus materials and rubbish is clearing off

site completely (2) until work shall have been measured by the Engineer-in-charge whose measurement

shall be binding and conclusive and (3) until all the temporary works, labour and staff colonies etc.

constructed are removed and the work site cleaned to the satisfaction of the Engineer-in-charge. If

contractors shall fail to comply with the requirements as aforesaid or before date fixed for the

completion of work, the Engineer-in-charge may at the expenses of contractor remove such scaffolding,

surplus materials and rubbish and dispose of the same he thinks fit.

3. The following documents will form the completion documents :

(a) Technical documents according to which work was carried out.

(b) Construction drawings showing therein the modifications and corrections made during the course of

execution signed by Engineer-in-charge.

(c) Completion certificate for "Embedded" or "Covered" up work.

(d) Certificate of final levels as set out for various works.

(e) Material appropriation statement for the materials issued by owner for work and list of surplus

materials returned to S.M.C.'s store duly supported by necessary documents.

4. Upon expiry of the period of defects liability and subject to Engineer-in-charge being satisfied

that work has been duly maintained by contractor during the defects liability period as fixed

originally, or as external subsequently and the contractor has in all respects made up by subsidence

and performed all his obligations under contract, the Engineer- in-charge shall (without prejudice to

the rights of owner in any way) give final certificate to that effect. The Contractor shall not be

considered to have fulfilled the whole of his obligation until final certificate shall have been given

by the Engineer-in-charge notwithstanding previous entry upon and taking possession, working or using

of the same or any part thereof by owner.

5. Final Certificate only Evidence of Completion :

Except the final certificate no other certificate or payments against a certificate or an general account

shall be taken to be an admission by owner of the due performance of contract or any part thereof or of

occupancy validity of any claim by the contractor.

GC-84 TAXES, DUTIES, OCTROI, ETC. :

The Contractor shall be liable to payment of all the Central/ State/Local Bodie's Levies, taxes or duties

etc. The SMC shall neither bear it nor reimburse at any time but will ensure deduction of

Central/State/Local levies and taxes at Source at the rate provided under the relevant statutes from time

to time inforce. Further the work contract tax or sale tax shall be borne by the Contractor as per Rules and

Regulations of Government.

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

the prevailing norms of Govt. of Gujarat.

GC-85 INSURANCE :

Contractor shall at his own expenses carry and maintain with reputable Insurance Companies to the

satisfaction of owner as follows :

1. Employees State Insurance Act :

Contractor agrees to and does hereby accept full and exclusive liability for compliance with all

obligations imposed by the Employees' State Insurance Act 1948, and Contractor further agree to

defend, indemnify and hold owner harmless from any liability or penalty which may be imposed by the

Central or State Government of Local authority by reasons of any asserted violation by contractor or

Sub-Contractor of the Employees' State Insurance Act, 1948 and also from all claims, suits or

proceedings that may be brought against owner arising tender, growing out of or by reasons of the work

provided for by this contract whether brought by employees of Contractor, by third parties or by Central

or State Government authority or any administrative Sub-division thereof. Contractor agrees to fill in

with the Employees State Insurance Corporation, the declaration from and all forms which may be

required in respect Contractor's or Sub-contractor's employees these aggregate remuneration is Rs.

400/-p.m. or less and who are employed in work provided for or those covered by E.S.I from time to

time under the agreement. The Contractor shall deduct and secure the agreement of the Sub-

contractor to deduct the employees' contribution as per the first Schedule of the Employees' State

Insurance Act from wages. Contractor shall remit and secure the agreement of Sub-contractor to remit to

the State Bank of India Employees' State Insurance Corporation Accounts, the employees contribution as

required by the Act Contractor agrees to maintain all cares and record as required under the Act in

respect of employees and payments and contractor shall secure the agreements of the sub-contractors to

maintain such records, any expenses incurred for the contributions or maintaining records shall be to

contractor's or sub- contractor' account. Owner shall retain such sum as may be necessary from the

contract value until contractor shall furnish satisfactory proof that all contribution as required by the

Employees' State Insurance Act 1948 have been paid.

2. Workman's Compensation And Employees Liability Insurance :

Insurance shall be effected for all contractors employees engaged in the performance of this contact.

If any part of work is sublet, contractor shall require the sub-contractor to provide workman’s'

compensation and employer's liability insurance which may be required by owner.

3. Other Insurance required under law or regulation by owner :

Contractor shall also carry and maintain any and all other insurance which may be required under any

law or regulation from time to time. He shall also carry and maintain any other insurance which may

be required by owner.

GC-86 DAMAGE TO PROPERTY :

1. Contractor shall be responsible for making good to the satisfaction of owner any loss of and any

damage to all structures and properties belonging to owner or being executed or Procured by owner or of

other Agencies within the premises of all work of owner, if such loss or damage is due to fault and / or

the negligence or will full act or omission of contractor, his employees, agent representatives or Sub-

2. Contractors shall indemnify and keep owner harmless of all claims for damage to properties

other than S.M.C's property arising under or by reasons of this agreement if such claims result from the

fault and / or negligence or willful act of omission of contractor, his employees, agents, representatives

or sub-contractors.

GC-87 LABOUR LAWS AND REGULATIONS :

1. The contractor shall be responsible for the strict compliance of and shall ensure strict

compliance by his sub contractor employees and agents of all labours and others laws, rules or

regulations having the force of law affecting the relationship of employer and employee between

the contractor/ sub-contractor and their respective employees.

2. No labour below the age of eighteen (18) year be employed on work.

3. Contractor shall pay to the labours engaged on work according the law.

4. The Contractor and sub-contractors o f the contractor shall obtain proper authority designated

in this behalf under any application law, rules or regulations (including but not restricted to the

factories Act and Contract Labour Abolition and Regulation Act 1970, ) in so far as applicable) any and

all such licences, consents, Registration and / or other authorisation as shall from time to time be

or become necessary for relating to the execution of work or any part of portion thereof or the storage

or supply of any materials or otherwise in connection with the performance of the contract and

shall at all times observance by the sub- contractors, employees and agents of all terms and

conditions of the said licences, consents, regulation and other authorisation and laws, rules and

regulations applicable thereto.

GC-88 CONTRACTOR TO INDEMNIFY OWNER :

1. The Contractor shall indemnify and keep indemnified the owner and every member, officer

and employee of owner from and against all action, claims, demands and liabilities whatsoever and in

respect of the breach of any of the above clauses and/or against any claim, action or demand by any

workman/ employee of the contractor or any sub-contractor and or from any liability and way to any

workman / employee of the contractor or any sub-contractor under any law, rule or regulations

having the force of law, including but not limited to claims against the owner under the workman

compensation Act 1923. The employees' Provident Funds Act 1952 and/or the Contract Labour

(Abolition and Regulations) Act,

2. Payment of claims and damages :

If owner has to pay any money in respect of such claims or demands as aforesaid, the amount

so paid and the cost incurred by the owner shall be charged to and paid by contractor without any

dispute notwithstanding the same may have been paid without the consent or authority of the Contractor.

3. In every case in which by virtue of any provision applicable in the workman's Compensation

Act 1923 or any other Act, be obliged to pay compensation to workman employed by Contractor the

amount of compensation so paid, and without prejudice to the rights of S.M.C. under sec.(12) Sub-

section (2) of the said Act, S.M.C. shall be at liberty to recover such amount from any surplus due to

the contractor or the security deposit. S.M.C. will not be bound to contest any claim made under

section (12) Sub-section (2) of the said Act except or written request of Contractor and upon the

contesting of such claim.

4. The Contractor shall protect adjourning sites against structural decorative and other damages

that could be caused to adjourning premises by the execution of these works and made good at his

cost, any such damage, so caused.

GC-89 IMPLEMENTATION OF APPRENTICE ACT 1964 :

Contractor shall comply with the provisions of the Apprentice Act 1964 and the orders issued

thereunder from time to time. If the fails to do so, it will be a breach of contract. Contractor shall also be

liable for any particular liability arising on account of any violation of the provisions of the Act by

GC-90 HEALTH AND SANITARY ARRANGEMENTS FOR WORKERS :

Contractor shall comply with all the rules and regulations of the local sanitary authorities or as framed by

owner from time to time for the protection of health and sanitary arrangements of all labour directly

or indirectly employed on the work of this contract.

GC-91 SAFETY CODE :

Contractor shall adhere to safe construction practice and guard against hazardous and unsafe working

conditions and shall comply with owner's safety rules and set fourth herein.

1. First Aid and Industrial Injuries :

1.1 Contractor shall maintain first aid facilities for its employees and chose of his sub-contractor.

1.2 Contractor shall make outside arrangements for ambulance service and for the treatment of

industrial injuries. Name of those providing these services shall be furnished to Engineer-in-charge

prior to start of construction, and their telephone numbers shall be prominently posted in contractor's

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

2. General Rules :

2.1 Carrying, striking, matches, lighters inside the project area & smoking within the job site is

strictly prohibited Violators of smoking rules shall be discharged immediately. Within the

operation area, not hot work shall be permitted without valid gas safety, fire permits. The Contractor

shall also be held liable and responsible for all lapses of his sub-contractors/ employees in this

3. Scaffolding :

3.1 Suitable scaffolding shall be provided for workmen for all works that can not safely be done

from the ground or from solid construction except such short period work as can be done safely from

ladders. When a ladder is used, an extra mazdoor shall be engaged for holding the ladder and if the latter

is used for carrying materials as well, suitable foothold sand handholds shall be provided on the

ladder and the same shall be given inclination not steeper than 1 to 4 (1 horizontal and 4 vertical).

3.2 Scaffolding or staging more than 3.6 M (12') above the ground or floor, swing or suspended

from an overhead support or erected with stationary support shall have a guard rail properly attached,

bolted, braced and otherwise fixed at least 1.0 M (3') high above the floor or platform of scaffolding or

staging and extending along the entire length of the outside ends thereof with only such openings as may

be necessary for the delivery of materials. Such scaffolding or staging shall be so fastened as to prevent

it from swaying from the building or structure.

4. Maintenance of Safety Devices :

4.1 All scaffolds, ladders and other safety devices mentioned or described herein shall be

maintained in some conditions and no scaffold, ladder or equipment shall be altered or removed

while it is in use. Adequate washing facilities should be provided at or near place or work.

5. Display or Safety Instructions :

5.1 These safety provisions should be brought to the notice of all concerned by display on a

notice board at a prominent place at the work-spot. The person responsible for compliance of the safety

code shall be named therein by the Contractor.

6. Enforcement of Safety Regulations :

6.1 To ensure effective enforcement of the rules and regulations relating safety precautions, the

arrangements made by the contractor shall be open to inspection by the welfare Officer, Engineer-in-

charge of safety Engineer of the owner or their representatives.

7. No Exemption :

7.1 Notwithstanding the above clause 1.0 to 13.0 there is nothing to exempt the contractor from the

operations of any other Act or rules in force in the Republic of India.

7.2 In addition to the above, the Contractor shall abide by the safety code provision as per

C.P.W.D. Safety Code framed from time to time.

GC-92 ACCIDENTS :

It shall be the contractor's responsibility to protect against accidents on the work. He shall indemnify

the Municipal Corporation against any claim for damage or for injury to persons or property resulting

from, and in the course of work and also under the provision of the Workman's Compensation Act. On

the occurrence of an accident arising out of the works which results in death or which is so serious as

to be likely to result in death, the contractor shall within twenty four hours of such accident, report in

writing to the Engineer-in-charge, the facts stating clearly and is sufficient details the circumstances of

such accident and the subsequent action. All other accidents on the works involving injuries to persons

or damage to property other than that of the contractors shall be promptly reported to the Engineer-

in-charge stating clearly and in sufficient details and facts and circumstances of the accidents and

the action taken. In all cases the contractor shall indemnify the Municipal Corporation against all loss

of damage resulting directly or indirectly from the Contractor's failure to report in the manner

aforesaid. This includes penalties or fine consequency of failure to give notice under the

workman's compensation Act or failure to confirm to the provisions of the said. Act in regard to such

In the event of an accident in respect of which compensation may become payable under the

workmen’s compensation Act VIII of 1923 including all modification thereof whether such compensation

may become payable by the contractor or by the Municipal Corporation as principal employer, the

Engineer-in-charge may retain out of money due and payable to the contractor such sum or sums of

money as may, in the opinion of the Engineer-in-charge be sufficient to meet such liability. On receipt

of award from the labour commission in regard to quantum of compensation, the difference in amount

will be adjusted.

GC-93 It is clarified that if the contractor makes his own arrangements for water required for

construction and labour camp etc. by drilling bore. No water charges will be recovered from the

contractor. On the other hand, even if the contractor is not taking connection and makes other

arrangement to use Municipal water by tanker or tapping water from near private connection even so

water charges shall be recovered as per relevant condition of the tender.

GC-93 (A) PRICE VARIATION CLAUSE:

No PRICE VARIATION difference will be paid to the contractor for Labour, Materials, P.O.L.

(Fuel) or any other material for the work

GC-93 (B) STAR RATE & DIFFERENCE FOR REINFORCEMENT STEEL & CEMENT:

No star rate or basic rate difference will be paid to the contractor for cement, steel reinforcement

or any other material for the work

GC-94 GOODS AND SERVICE TAX (GST):

GST (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

terms of Contract agreed upon during the course of execution of this contract.

During the execution of contract, if there is any change in rate of GST (Goods & Service

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

the submission of original receipt / proof for the amounts actually remitted by the successful

tenderer / Contractor to the competent authority alongwith a certificate from chartered accountant

of contractor / successful bidder certifying that the amount of GST paid to the Government and the

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

Remittance of GST within stipulated period shall be the sole responsibility of the successful bidder /

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

SMC and decision of Municipal Commissioner shall be final and binding on the Contractor /

Successful Bidder in this regard. Further, the non-payment of GST to the Government may lead to

the termination of contract and forfeiture of Security Deposit / Performance Guarantee amount.

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

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

GST) are imposed during the course of the contract, in no case SMC shall be liable for the same.

GC-95 SECURED ADVANCES:

No Secured advances shall be paid.

GC-96 SUBMISSION / COMPULSION BY CONTRACTOR

The contractor registered with S.M.C. or any other Govt. organisation is required to employ minimal

technical staff as detailed in the certificate issued to him. If contractor does not employ same technical

staff over works entrusted to him, should submit photo-identity and education qualification of technical

staff appointed at site.

"The contractor shall have to keep the record of the labourers employed for the concerned work. The

contractor should provide attendance card, identification card, pay slip etc to the labourers employed.

Further, the amount of E.S.I. & Provident Fund should be deducted from the salary of the labourers

employed and such amount should invariably be deposited to the concerned Government Departments. In

addition, the amount of social security under E.P.F. & M.P. act 1952 shall be recovered every month &

such amount should invariably be deposited directly to the concern Government Departments. In the

same context, the details regarding such amount deposited to the concern Govt. Deptt. and labourers

employed shall be furnished to the office of Traffic Cell Department of S.M.C. every month.In case of

failure, such amount shall be deducted/recovered from the running bill directly in accordance with the

details given by contractor regarding labourers employed and as per the prevailing rules of

Government.In absence of detail, an adhoc suitable amount of the total amount of work done shall be

Government.In absence of detail, an adhoc suitable amount of the total amount of work done shall be

recovered directly from the running bills. On submission of evidence of recovery of such amount, the

amount recovered/deducted shall be released in the next bill after due sanction of Competent Authority of

GC-97 SPECIAL RISK

If during the contract, there shall be outbreak of war (whether war is declared or not), major epidemic,

earthquake, or similar occurrence in any part of the world beyond the control of either party to the

contract which whether financially or otherwise materially affects the execution of the contract, the

contractor shall unless and until, the contract is terminated under the provisions of this article, use his best

endeavors to complete the execution of the contract, provided always that the Corporation shall be

entitled at any time after the onset of such special risks, to terminate the contract by giving written notice

to the contractor and upon such notice being given this contract shall terminate but without prejudice to

the rights of either party in respect of any antecedent breach thereof. If any of the works, or materials to

be deli subjected to damage or distribution by reasons for the special risks, the contractor shall be entitled

to payment for such damage or destroyed materials and to any costs involved in making good damages or

destroyed materials as may be required by the Municipal Corporation.

The contractor shall not be liable for payment of compensation for delay or for failure to perform the

contract for reasons of Force Majeure such as acts of public enemy, acts of Government fires, floods,

cyclone, epidemics, quarantine restrictions, lockouts, strikes, freight embargoes and provided that the

contractor shall within Ten (10) days from the beginning of such delay notify the Engineer-in-charge in

writing the cause of delay. The Municipal Commissioner shall verify the facts and grant such extension as

the facts justify.

GC-98 SECURITY DEPOSIT

The person/persons whose tender may be accepted (hereinafter called the contractor, which expression

shall unless excluded by or repugant to the context include his heirs, executors, administrators and

assignees) shall (within 15 days of the receipt by him of the notification of the acceptance of his tender

otherwise 0.065% per day of S.D. amount will be charged as penalty) deposit with Municipal

Commissioner in cash or Government securities endorsed to the Commissioner sum sufficient which

will make up the security deposit specified in the tender.

If the amount of the security deposit to be paid in lump sump within the period specified above is not

paid the tender contract already accepted shall be considered as cancelled. The security deposit lodged

by contractor shall be refunded after the expiry of the Defects Liability period as shown in the attached

Memorandum after deducting dues, ifany, which become liable to be recovered from the contractor

under the terms and conditions of this Agreement.

GC-99 COMPENSATION OF THE DELAY

The time allowed for carrying out the work as entered in the ender shall be strictly observed by the

contractor and shall be reckoned from the date on which the order to commence work is given to the

contractor. The work shall through out the stipulated period of the contract be proceeded with, all

due diligence (time being deemed to be the assence of the contract on the part of the contractor) and the

contractor shall pay as conpensation a percentage amount (shown in the attached Memorandum) of the

tendered cost of the whole work as shown by the tender for every day that the work remains

uncommenced or unfinished after the proper days, And further to ensure good progress during the

execution of the work the contractor shall be bound, in all cases in which the time allowed for any work

exceeds one month, to complete parts of the work during the period shown in the attached

In the event of the contractor failing to comply with these conditions he shall be liable to pay as

compensation, the amount mentioned above for every day that the due quantity of work remained

incomplete provided always that the total amount of compensation to be paid under the provision of this

incomplete provided always that the total amount of compensation to be paid under the provision of this

clause shall not exceed 10 percent of the Tendered cost of the work as shown in the tender.