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Tender Value
₹4.9 Cr
EMD Value
₹5.0 L
Closing Date
20 Apr 2026, 6:00 pmClosed
Deputy Municipal Commissioner
Construction of Cement Concrete Pavement, Allied Works & Utility Shifting Of 18.00 mt.T.P. Road From Narola Farm To Dholakia Farm Via Jalaram Chok (F.P. No. 37/1 To 90) In P.T.P.S. No. 50 (Ved-Katargam) In North Zone (Katargam). (2nd Attempt)
295144
Deputy Municipal Commissioner/North Zone/ 18 / 2025-26,( WORK NO.02 )
Open
Civil Works - Roads
Surat
3 documents required · 3 mandatory
₹7,080
Commissioner, Surat Municipal Corporation
₹5.0 L
7 Apr 2026
7 Apr 2026
7 Apr 2026
20 Apr 2026
7 Apr 2026
VOLUME I – Technical Bid
Bidding Documents for
Name of Work:- Construction of Cement Concrete Pavement,
Allied Works & Utility Shifting Of 18.00 mt.T.P.
Road From Narola Farm To Dholakia Farm Via
Jalaram Chok (F.P. No. 37/1 To 90) In P.T.P.S.
(Ved Katargam) In North Zone
No. 50 (Ved-Katargam)
(Katargam). (2nd Attempt)
(Instruction to Bidders (PQ), Qualification Forms, GCC, SCC, Technical Specifications, Format of
Securities, Form of Agreement, Drawings)
BIDDING DOCUMENT – PERCENTAGE RATE CONTRACT
LAST DATE FOR ONLINE SUBMISSION OF TENDERS:
TENDERS 20/04/2026 UP TO 18.00 Hrs(IST)
/2026 18.00 Hrs(IST)
LAST DATE & TIME OF PHYSICAL SUBMISSION: UP TO 01/05/2026
TENDER DOCUMENT SMC
SURAT MUNICIPAL CORPORATION
Tender Notice (Online) No: DMC/NZ/18/2025-26 (WORK NO. 01)
Name of work: Construction of Cement Concrete Pavement, Allied Works & Utility Shifting Of
18.00 mt.T.P. Road From Narola Farm To Dholakia Farm Via Jalaram Chok (F.P. No. 37/1 To 90)
In P.T.P.S. No. 50 (Ved-Katargam) In North Zone (Katargam). (2nd Attempt)
BIDDING DOCUMENTS FOR PERCENTAGE RATE CONTRACT BID DOCUMENT
SECTION DESCRIPTION PAGE NO
TENDER NOTICE 3-6
INVITATION FOR BID (IFB) 7-8
I INSTRUCTIONS TO BIDDERS (ITB) 9 to
II (A) CONDITION OF PARTICULARAPPLICATION
III QUALIFICATION INFORMATION FORMS 41 to
IV(A) GENERAL CONDITIONS OF CONTRACT 54 to
IV(B) SPECIAL CONDITIONS OF CONTRACT 106 to
V TECHNICAL SPECIFICATIONS
VI BILL OF QUANTITIES (BOQ) 129 to
VII STANDARD FORMS OF SECURITIES, FORMS OF
ACCEPTANCE AND FORM OFAGREEMENT
TENDER DOCUMENT SMC
VOLUME-1:TENDER NOTICE
(Can be seen online and to be submitted online through https://smctender.nprocure.com)
Tender Notice (Online) No: DMC/NZ/18/2025-26 (WORK NO. 01)
Online tender consisting of EMD, Tender fee and other undertakings/ Affidavit are invited by Regd. Post /
Speed Post through postal authority only, so as to reach “Chief Accountant, Surat Municipal Corporation,
Surat-395003.” on or before the date mentioned below.
Tender Notice No. DMC/NZ/18/2025-26 (WORK NO. 01)
Organization Name Surat Municipal Corporation (SMC) Surat,Gujarat
Department/Zone Name North (Katargam) Zone.
Name of Work Construction of Cement Concrete Pavement, Allied Works & Utility
Shifting Of 18.00 mt.T.P. Road From Narola Farm To Dholakia Farm
Via Jalaram Chok (F.P. No. 37/1 To 90) In P.T.P.S. No. 50 (Ved-
Katargam) In North Zone (Katargam). (2nd Attempt)
Tender Type Online Open – Percentage rate basis.
Bidder Nationality National Competitive Bidding (NCB)
Type of Contract Single Work
Bidding Currency Single- Indian National Rupees.
Joint Venture/ Consortium
Schedule of E-Tender Downloading of Tender Dt.01/04/2026 To Dt.20/04/2026
Documents up to 17:00 hrs. (IST).
Bidders shall have to send their
queries on E-mail address
Bidder Queries Submission [email protected] on
or before Dt.10/04/2026
Last date of Online Bid Dt.20/04/2026 Up to
Submission hrs.(IST)
Physical submission of Earnest up to dt.01/05/2026 upto
Money Deposit (EMD), tender Hrs. (IST). To The Chief
fee and all necessary Accountant, Surat Municipal
documents, supporting Corporation, Shri Tapi Bhavan,
documents specified in the Surat-395003 by R.P.A.D / Speed
TENDER DOCUMENT SMC
Opening of Technical Bid (Online) along with
Eligibility and Qualification Submission documents Dt. 02/05/2026 onwards
(i.e., Opening of Physically submitted Documents)
Opening of Price Bid, (Online) INTIMATED LATER (ONLINE)
Bid validity period 120 days.
Project Completion 24 months(Excluding monsoon)
= Rs. 7,080/- In form of pay order
OR Account Payee Demand Draft
Payment payable in favour of The
Details Commissioner, Surat Municipal
Estimated Value Rs.4,94,32,531.93/- +GST
Tender document, and Post
Addenda Corrigendum if any.
TENDER DOCUMENT SMC
Rs. 4,95,000/- to the extent of
100% in the form of Demand Draft
or pay order OR 50% in the form
of Bank Guarantee & balance 50%
In form of Demand Draft or Pay
EMD (BID SECURITY) order from approved Banks as per
attached list in Form 5 specified in
section VII only in favor of
Commissioner, Surat Municipal
Corporation, Surat and payable at
Bidders who wish to participate in this E-Tender will have to procure valid digital
certificate as per information Technology Act.2000. Bidders can procure this certificate
from any of the Government approved certifying agency i.e. (n) Code Solution. Bidders
shall upload the tender documents after submitting the DD details for tender fees and EMD
details online. The Demand Draft toward Tender Document fees can be submitted along
with Earnest Money Deposit before the due date as specified above. This should be as per
details given online and it should be drawn before last date of the uploading of the tender.
DOWNLOAD OF TENDER DOCUMENT:
The tender documents for this work are available only in electronic format which can be
downloaded free of cost by the bidder.
SUBMISSION OF TENDER:
Bidder shall submit their offer in electronic format on above mentioned website on or
before the scheduled date and time as mentioned, after Digitally Signing the same. No Price
bid in physical form will be accepted and any such offer if received by SURAT
MUNICIPAL CORPORATION will be out rightly rejected. Bidders need not to submit
Technical Bid in Hard Copy. Bidder shall have to submit separate account payee DD for
Tender Fee and EMD drawn in favour of Commissioner, Surat Municipal Corporation,
OPENING OF TENDER:
The Technical Bid will be opened on the specified date online on website
https://smctender.nprocure.com. Bidders or their representative who wish to participate in
online tender opening can log on to https://smctender.nprocure.com on the due date and
time, mark their presence and participate in online tender opening. Bidders who wish to
remain present at Surat Municipal Corporation, North Zone at the time of tender opening
can do so. Only one representative of each firm will be allowed to remain present.
1. Internet site address for e-Tendering activities will be https://smctender.nprocure.com
2. Interested bidders can view detailed tender notice and download tender document from
the above-mentioned website.
3. Bidders who wish to participate in online tender have to register with the website
through the ‘’New User Registration’’ link provided on the home page. Bidder will
create login id & password on their own in registration process.
4. Bidders who wish to participate in this tender need to procure Digital Certificate as per
Information Technology Act-2000 using that they can digitally sign their electronic
bids. Bidders can procure the same from any of the CCA approved certifying agencies,
or they may contact (n) code Solution at below mentioned address and they will assist
TENDER DOCUMENT SMC
them in procuring the same. Bidders who already have a valid Digital Certificate need
not to procure the same. In case bidders need any clarification regarding online
participation, they can contact –
M/s (n)code solution
301, G.N.F.C. Info Tower,
Near Grant Bhagwati Hotel, Ahmedabad 380 015 INDIA
URL:https://smctender.nprocure.com
5. Bidders who wish to participate in e-Tender need to fill data in predefined forms of
tender fee, EMD, and Price bid only.
6. Bidder shall have to upload scanned copies of reference documents in support of their
eligibility of the bid with tender fee & EMD Demand Draft in Electronic format
through online (by scanning) system.
7. All documents must be colored scanned to be seen as original.
8. All the black and grey documents must be notarized with clearly displaying stamp,
number and name of the notary.
9. After filling data in predefined forms, bidders need to click on final submission link to
submit their encrypted bid. Bidder must submit Tender Fees, EMD and also affidavit/
undertakings in electronic format as well in hardcopy.
10. For the purpose of realization of tender fee and EMD
The bidder should submit the demand draft for EMD & tender fee in electronic format
(by scanning) through online while uploading the bid. However, for the purpose of
realization of Demand draft, the bidder should submit the demand draft in original
through RPAD/ Speed post so as to reach to the account department (SMC Main
office) within 7 days from the last date of uploading bid. as per Annexure-D Punitive
action for not submitting demand draft in Original to Account department (Main
office) by bidder shall be initiated and action shall be taken for abeyance of registration
and cancellation e-tendering code for year. Any document in supporting of bid shall be
in electronic format only through online (by scanning) and its hard copy will not be
accepted separately.
TENDER DOCUMENT SMC
DOMESTIC COMPETITIVE BIDDING
INVITATION FOR BID (IFB)
The Deputy Municipal Commissioner, North Zone, Surat on behalf of Surat Municipal Corporation invites
bids for the works detailed in Table 1 given here.
Approximate value
Sr. Bid Security/ Completion
Name of Works of works(Estimated
No. EMD (Rs.) Period
Project Cost) (Rs.)
Construction of Cement
Concrete Pavement, Allied
Works & Utility Shifting Of
18.00 mt.T.P. Road From 24 months
1 Narola Farm To Dholakia Farm 4,95,000/- (excluding
Via Jalaram Chok (F.P. No. Monsoon)
(Ved-Katargam) In North Zone
The above work shall be executed on a Percentage rate contract. The Contractor is also required to
maintain the above works for a Defect Liability Period after construction. Abrief description of the work is
as specified in Table
1. Bidding is open to all eligible and qualified bidders meeting the eligibility and qualification criteria as
specified in clause no.3 and 4 of Instructions to Bidders. Bidders should, however, be registered with the
Central /State Governments, or Central/State Government undertakings or registered in Surat Municipal
Corporation as “AA” or equivalent Special Road Category class-“I” contractor.
2. Bidding documents can be downloaded from the SMC website www.smctender.nprocure.com from
Dt.01/04/2026 To Dt.20/04/2026 up to 17:00 Hrs (IST). The Bidders are required to submit a refundable
Tender fee and EMD as specified in Tender Notice from enlisted Banks in Form 5specified in Section VII
to SMC along with other Eligibility and Qualification Submissions specified in clause 4.2 and clause 12 of
Instruction to Bidder. Any bid without Tender Fee and/or EMD shall be out rightly rejected.
3. Dully filled and signed copies of Form no 1 to 11 specified in Section III of Instruction to Bidder section
shall be submitted online along with Eligibility and Qualification Submissions online.
4. Tender Fee, EMD/Bid Security specified in the Tender document and addenda Corrigendum, if any; and
undertaking/ Affidavit only should be submitted physically as per the relevant clauses of Instruction to
Bidder section. Details of Eligibility and Qualification Submissions are specified in clauses 12 and 4.2 of
Instruction to Bidder section.
5. Price Bid shall be submitted online only.
6. Details required in hard copy (i.e Tender fee, E.M.D and undertaking/Affidavit and addenda/Corrigendum,
if any) must be delivered to Chief Accountant, Surat Municipal Corporation, Mugalisara, Surat 395003 by
R.P.A.D/ Speed Post, on or before up to dt.01/05/2026 up to 18:00 hours (IST) through Registered
Post/speed post of Indian postal department (Hand delivery or delivery through courier is not allowed).
Technical Bid (online) along with Eligibility and Qualification Submissions will be opened on
Dt.02/05/2026 onwards, if possible, in the presence of the bidders who wish to attend. If the office
TENDER DOCUMENT SMC
happens to be closed on the date of receipt of the bids as specified, the bids will be received and opened on
the next working day at the same time and venue.
7. Bids must be accompanied by the earnest money (Bid Security) of the amount specified for the work in
the Table-1 of the IFB. The earnest money will have to be in the form as specified in Tender Notice and
Tender Document.
8. No Physical Pre-bid meeting shall be held. Bidders shall have to send their queries on email address:
[email protected] on or before Dt.10/04/2026 and Time. Answers to the queries shall be
circulated electronically.
9. Bid document consists of Instruction to Bidders, BOQs, General Conditions of Contract, Technical
Specifications and Drawings. Details of each can be seen in the Bidding documents.
10. If SMC is convinced that the Bidder has resorted to material misrepresentation or provided fraudulent
information/statement, the said Bidder will be liable for disqualification/rejection any stage.
11. Surat Municipal Corporation, Surat reserves the right to reduce/ increase the scope of work and contract
without assigning any reason thereof.
12. The Price Bids of those bidders who are shortlisted and qualified as per the eligibility and qualification
criteria will be opened on the date to be intimated to them later.
13. A bidder shall not be permitted to bid for works in the division responsible for award and execution of
contracts in which his or his spouse near relative (defined as first blood relations, and their spouses) is
posted as an officer in any capacity between the grades of City Engineer and Technical Supervisor (both
inclusive) or equivalent post.
14. No Engineer of officer rank or other officer employed in Engineering or Administrative duties in an
Engineering Department of the Surat Municipal Corporation is allowed to work as a Contractor for a
period of two years after his retirement from Surat Municipal Corporation service, without Surat
Municipal Corporation’s permission. This contract is liable to be cancelled if either the Contractor or any
of his employees is found any time to be such a person who had not obtained the permission of the
Government as aforesaid before submission of the tender or engagement in the Contractor’s service.
15. Conditional Bid shall not be accepted and liable for rejection.
16. SMC’s decision for selection or rejection of the offers shall be final and binding to all.
Demand Draft for E.M.D. & Tender fee shall be submitted in electronic format 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/tender of those tenderers whose E.M.D. & Tender fee are
received electronically, shall be opened. However, for the purpose of realization of D.D., bidder shall send
the D.D.in original through RPAD/ Speed Post so as reach to Account Department (main Office) within
(Seven) days from the last date of uploading bid. as per Annexure-D Punitive action shall be initiated for
non-submission of D.D. in original to Account Department (Main Office) by bidder shall be initiated and
action shall be taken for abeyance of registration and cancellation of E-tendering code for one year. Any
documents in supporting of bid shall be in electronic format only through online (by scanning) & hard
copy will not be accepted separately.
All documents must be colored scanned to be seen as original.
All the black and grey documents must be notarized with clearly displaying stamp, number
and name of notary.
Executive Engineer
North (Katargam) Zone
Surat Municipal Corporation
TENDER DOCUMENT SMC
SECTION I – INSTRUCTIONS TO BIDDERS (ITB)
Table of Contents
Clause A. General Clause D. Submission of Bids
1 Scope of work 19 Sealing and Marking of Bids
2 Source of Funds 20 Deadline for Submission of Bids
3 Eligibility of Bidders 21 Late Bids
4 Qualification of the Bidders 22 Modification and Withdrawal of Bids
5 Cost of Bidding E. Bid Opening
Opening of Eligibility and Qualification
Examination of Eligibility, Qualification
Eligible Material, Equipment and
7 24 Submissions, Determination of
Eligibility, and Qualifications
B. Bidding Documents and
25 Opening of Price Bids
Examination of Price Bids and
8 Content of Bidding Documents 26 Determination of Responsiveness of Price
Pre bid Meeting and Clarification of
9 27 Correction of Errors
Bidding Documents
Evaluation and Comparison of Price
10 Amendment of Bidding Documents
C. Preparation of Bids 29 Rate Analysis
11 Language of Bid 30 Clarification of Bids
12 Documents Comprising the Bid 31 Process to be Confidential
13 Bid Prices F. Award of Contract
14 Currencies of Bid and Payment 32 Award
Employer's Right to Accept any Bid and to
15 Bid Validity
Reject any or all Bids
16 Bid Security 34 Notification of Award
17 Alternative Proposals by Bidders 35 Signing of Agreement
18 Format and Signing of Bid 36 Initial Security &Performance Security
37 Corrupt or Fraudulent Practices
TENDER DOCUMENT SMC
1. Scope of Work
1.1 Surat Municipal Corporation hereinafter called "Employer" or “SMC” invites bids for the
construction of works (as defined in these documents, hereinafter referred to as "the Works")
detailed in the table given in the Notice Inviting Tenders.
1.2 The Scope of Works comprising followings:
a) Construction of Cement Concrete Pavement, Allied Works & Utility Shifting Of 18.00 mt.T.P.
Road From Narola Farm To Dholakia Farm Via Jalaram Chok (F.P. No. 37/1 To 90) In
P.T.P.S. No. 50 (Ved-Katargam) In North Zone (Katargam) as per the BOQs specified in
Section VI, Drawings specified in Section VIII and Technical Specification specified in
Section V. The Works also includes following as well as other works specified elsewhere in
the bidding document.
i. Site clearance, removal of tree stumps and dismantling of obstructions, encroachments,
liaisoning for utility shifting with respective authorities/agencies etc. if any before
ii. The scope of work includes construction of all the items specified in BOQ, drawings &
specifications along with incidental work to complete the project as per conditions laid
in the contract document.
iii. True and proper setting out and layout of the Works, setting of benchmarks, preparation
of working drawings where required and provisions of all necessary labour, instruments,
and appliances;
iv. Any other item of work as may be required to be carried out for completing the work in
all respects in accordance with the provisions of the Contract.
b) Regular Repair and Maintenance: The Contractor is required to carry out Regular
Repair/Maintenance/Improvement Work during the Defect Liability cum Maintenance
c) Repair/Maintenance/Improvement Work to be done in accordance with the Indent.
i. Employer or representative of employer shall issue Indent/Maintenance Notice during
the Defect Liability Period cum Maintenance Period specifying the need for repair &
maintenance work (the “Indent”). Such Indent shall be in writing and shall also specify
the types of Works to be carried out and also Intended Completion Date of all such
Work. It will also specify work that arise owing Vandalism and Accident or regular
defects in initial work, manufacturing defect or requirement of regular maintenance. The
decision of Engineer in charge shall be final. All such Work shall be completed in an
Intended Completion Date specified in the Indent after consulting the contractor.
However, the decision of Employer/Engineer in Charge shall be final in this regard. Any
breach or delay in work shall be resulted in to damages. Damages shall be commensurate
with types of breach.
ii. The Contractor is further also required to carry out inspection of the site during the
Defect Liability cum Maintenance Period and send an inspection report to Engineer In-
charge in interval of every six months. The Contractor shall indicate status of elements,
need of maintenance/repair/replacement and name, designation and contact details of
Supervisor deployed for Inspection. The format of the Inspection Report shall be
finalized in consultation with Engineer-In-charge. The engineer-in-charge shall also give
TENDER DOCUMENT SMC
the contractor a notice through phone calls/email/fax writing about the defect and
contractor shall make rectify the same if urgent/critical need of rectification arises.
iii. The cost of any Repair and Maintenance Works required to be carried out owing to
defect in works/manufacturing, wear and tear, damages attributable to the Contractor’s or
to accident/ vandalism by the employee or people hired by Contractor shall be borne by
the contractor himself. Only the cost of repair and maintenance on account of Vandalism
or Accidents by third parties shall be reimbursed by the Employer.
iv. The Contractor shall ensure quality assurance of various components of the Repair and
Maintenance Works as per the Technical Specification and relevant standards of BIS and
v. The Contractor is required to maintain adequate inventory of major Items.
vi. Upon completion of repair/ maintenance work, Contractor is required to clear the Project
Site from the debris and additional non-consumables immediately.
d) The Contractor is required to take appropriate safety measures and ensure the safety of its
employee and users of the Project Site during the Construction and Repair& Maintenance
Period as per the relevant clause of GCC, IRC, MoRT&H guideline and Technical
e) The works under this Contract shall be carried out in accordance with the bidding
documents constituting the contract.
f) The Works shall also include followings -
i. Coordinate and on liaison with concerned authorities for cutting of trees, shifting of
utilities both surfaced and underground if required and removal of encroachments etc.
and making the site unencumbered from the project construction area required for
completion of work. This will include initial and frequent follow-up
meetings/actions/discussions with concerned service provider/authorities. The contractor
will not be entitled for any payment for the coordination work other than specified in
tender document. The Contractor is required do all liaison work related to above-
specified work with concern agency like forest department, traffic police, utility
providers like DGVCL, GGCL, BSNL, ONGC etc.
ii. Payment for cutting of trees and shifting of utilities as required by the concerned
department shall be made by the Employer. But necessary approval and liaisoning for
documentation of such approvals shall be done by contractor. The Employer will only
assist for expediting and facilitating cutting of trees, shifting of utilities and removal of
encroachment etc.
iii. All officials’ fees to be paid to any government agency shall be borne by SMC and all
liaison work expenses shall be borne by contractor to complete those activities.
iv. Carry out the work of tree cutting, all liaisons for utility shifting, relocation of religious
places, wells, tanks etc. and payment for the same shall be made on the basis of
proposals/estimate submitted by concerned state authorities and as per the Engineer’s
v. During the period of the Contract, all existing roads within the Right Of Way (ROW)
shall be kept open for traffic and maintained in a safe and usable condition. Residents
along and adjacent to the Works are to be provided with safe convenient access to their
properties at all times. Traffic control and traffic diversions shall be provided and
TENDER DOCUMENT SMC
maintained as necessary to protect the Works as directed by the Engineer. Traffic safety
measures during construction shall be provided in accordance with Indian Standards /
MoRT&H and IRC guidelines. All required approvals from the Traffic Police
Department shall be obtained by the Contractor.
vi. The contractor shall in accordance with the requirement of the Engineer-in-charge accord
all reasonable facilities for any other contractors or piece workers engaged by the
Owner/Employer and their work in and of any other properly authorized authorities or
statutory bodies who may be employed on the execution on or near the site of any work
not included in the contract or of any contract which the Owner/Employer may enter
into, in connection with ancillary works if any.
vii. The Contractor shall conduct his work so as not to interfere with or hinder the progress
or completion of the work being performed by other contractor or piece workers or by
the Owner/Employer and shall as far as possibly arrange his work and shall place and
dispose of the materials being used or removed so as not to interfere with the operations
of the other contractors, piece workers or the Owner/Employer. He shall co-ordinate his
work with that of the other in an acceptable manner and shall perform it in proper
sequence to that of others.
viii.Ensuring quality assurance of various components of the Works as per Technical
Specifications and relevant standards of BIS, IRC and MoRT&H.
ix. Providing and maintaining fully equipped laboratory for testing and site office, including
the supply of testing equipment and consumables; all as prescribed in the relevant
specifications. If an in-house laboratory is not maintained, then testing shall be done at a
laboratory directed/ approved by Engineer-in-charge.
x. Submission of Completion Drawings/As-Built drawings and other related documents as
directed by Engineer-in-charge.
xi. Any other item as directed by the Engineer-in-charge including insurance cover.
xii. All stipulated measures regarding labour employment and their welfare are to be
complied with as per prevailing laws.
xiii.Clearing of site from debris and contractor’s equipment’s before handing over of the
g) Availability of the Project Area: The Employer shall provide the right-of-way for Works to
the contractor. However, the Contractor shall have to make his own arrangements for the
land required by him for borrow areas, quarries, site offices, fabrication yard, testing
laboratories, labour camps, other camps, etc.
h) The successful bidder is required to complete the work within the period stipulated in
Table given in the Notice Inviting Tenders from the Date of Site Handover.
i) The Employer may engage a Supervision Consultant or any other person to act as
Engineer-in-Charge for the project. There may be a Project Director of the Employer
acting as the Employer’s representative.
2. Source of Funds
2.1 The expenditure on this work will be met by Surat Municipal Corporation (SMC).
3. Eligibility of Bidders
TENDER DOCUMENT SMC
3.1 Bidders shall not be under a declaration of ineligibility for corrupt and fraudulent practices by
the Central Government, the State Government, Local Self Government body or any public
undertaking, autonomous body, authority by whatever name called under the Central, the State
Government or Local Self-Government body in India and any Government body abroad.
3.2 Invitation for Bids is open to all the contractors having experience of similar work as indicated
in eligibility criteria.
3.3 Bidder should not be blacklisted by any government organization/ company/ institution/body.
3.4 A bidder (including all subcontractors of the bidders) shall not be affiliated with a firm or
i) Has provided consulting services during the preparatory stages of the works or of the
project of which the works form a part, or
ii) Has been hired (or is proposed to be hired) by the Employer as Engineer for the Contract.
3.5 Only bidders which are constituted as Companies under the Indian Companies Act, 1956, or
are Partnerships under the Indian Partnership Act, shall be eligible to participate in bidding as
single bidder only. Individuals and Proprietorships or any other forms of legal entities shall
strictly not be eligible.
3.6 The Bidder should be profit making firm (As per last audited financial statement of the year
2022-23) and its Net worth of last audited three financial years should be positive.
3.7 Bidders are not allowed to Bid by forming Consortium or Joint Venture. Only Single bidder is
allowed to participate in bidding.
4 Qualification of Bidders
4.1 The applicant who is not capable of meeting requirement listed below shall not be qualified for
the works. Pre-qualification will be based on the following minimum criteria regarding their
particular experience, financial position, personal and equipment capabilities and other relevant
information as demonstrated by the Applicant’s responses in the forms attached to the letter of
the application. The qualifications, capacity and resources of the proposed subcontractors will
not be taken into account in determining the Applicants compliance with the qualifying
criteria. The applicant should note specifically that all information given including those in the
form of various formats must be supported by the certificates from respective authorities (not
less than Executive Engineer or equivalent) which must be attached with the tender. This
invitation for bids is open to bidders who have sufficient necessary bid capacity and who meet
the following requirements:
(a) Average Annual financial turnover for specific civil works during the last 3 years, ending
31st March of the previous financial year, should be at least 30% of the estimated cost Put
Turnover Figure shall be multiplied with the multiplication factors/Indexation factors
specified in clause 4.1 (b1)to bring to prices of year 2025-26.
(b) The Bidder should have successfully completed/implemented similar work during last
7(seven) years (i.e., from F.Y. 2018-19 to till last date of online tender submission), either
(1) as a Single Contractor or (2) in a Joint Venture/Consortium. similar work shall mean
any works (1) Construction of Cement Concrete Road with Pavement Quality Concrete
(PQC) with Slip Form Paver/ Fix Form Paver With minimum M-30 or Higher Grade Of
TENDER DOCUMENT SMC
Concrete which may or may not include Kerbs, pavement marking, road signage’s, street
furniture etc. (2) Bridge works should be either of the following:
The Bidder should have satisfactorily completed work mentioned below.
(i) At least three similar completed works, each costing not less than the amount equal to
40% of the Estimated Cost. i.e., Rs.1,97,73,012.77
(ii) At least two similar completed works, each costing not less than the amount equal to
50% of the Estimated Cost. i.e., Rs.2,47,16,265.97
(iii) One similar completed works costing not less than the amount equal to 80% of the
Estimated Cost. i.e., Rs.3,95,46,025.54
It is further to clarify that if any of the work (s) is/are on hand with the applicant (bidder), but if
the amount of the work done at the site is more than 80% of the total project/ Tender cost as on
last day of month previous to the one in which applications (bids) are invited then amount of
work done for those work(s) will also be taken into consideration while evaluation.
(b1) Bidder shall also demonstrate cement concrete work for bridge/road of at least 1650 Cum
(Tender Quantity) (M-30 OR higher) out of which 825 Cum (50% Of Tender Quantity) of PQC
(M-30 OR higher) Executed with slip form paver/ Fix Form Paver is mandatory in any one
year during last 7 years and evident of paver use also required. (i.e., from F.Y. 2018-19 to till
last date of online tender submission) in which applications are invited.
The meaning of Prime Contractor for evaluation of Project Execution Experience only is as
“The contractor acted (1) as either single contractor or (2) may or may not as a Prime Contractor
of the consortium/Joint Venture for execution of similar nature of project defined as above for
which it is claiming credit for experience. The bidders displaying experience as lead member of
consortium/joint venture, the weightage towards experience in the project would be given in
proportion of its participation share in the Joint Venture/Consortium to derive its project
execution experience. (For example, Bidder A has executed Similar Nature of Project of value
Rs 100 crore by forming Consortium/JV with Party B. The Share of A in Consortium was 60%.
Thus, Project Execution Experience of Bidder A is considered as Rs 60 crore. This example is
for understanding of meaning of Prime Contractor.)”. (Those Projects which Bidder has
executed as sub-contractor shall not be considered as eligible projects and hence not been
considered for evaluation).
It is to be noted that Certificates from private individual, for whom the bidder has worked, shall
not be considered. Certificates from only those organizations/institutions/bodies will be
considered which execute work in public view and maintain verifiable records. As such,
organizations/bodies from which the certificate will be considered are as follows:
Government/Semi-Government Departments, PSUs and other Government institutions.
Bidder is required to submit evidences in terms of necessary supporting documents AND client
However, the certificates should be on the organization’s letter pad bearing contact address,
telephone no. and fax no., email address etc. Further the certificates from sources should
invariably be accompanied with proof of the organization’s registration with, or recognition by
Government, without which such certificates shall not be considered as adequate proof for the
purpose of this tender.
Multiplication/ indexation factors shall be applied to the financial value of Similar Nature of
Work that Bidder has executed (as specified in Completion Certificate) to bring it to 2026-27
prices. These factors are specified below.
TENDER DOCUMENT SMC
Financial Year Multiplication/Indexation Factor
(c) The bidding capacity of the Bidder has to be equal to or more than the bid value of bidder as
well as Estimated Cost. The bid value shall be the price bid quoted by bidder. The bidding
capacity shall be worked out using the formula: -
Bidding capacity = [A * N * 2] – B =_____________ (to be filled by Bidder)
A = Maximum value of Civil construction works executed in any one year during the last
years updated to current price level.
N = No. of years prescribed for completion of works for which bids has been invited (2.0
B = Value of existing commitments and ongoing works to be completed during the period
of completion of work for which bid has been invited (relevant sheet to be attached by
Note: The Bidder is required to submit the annual income/ turnover for specific civil
construction works in last five (5) financial years certified by statutory auditors and also
submit evidence in terms of work orders/ LOA of existing commitments and ongoing
works to be completed during the period of completion of work for which bids has been
invited (relevant sheet to be attached by bidder).
(d) The bidders shall have “AA” class contractor or equivalent Special Category Road “I”
registration with any State PWD, and/or CPWD and/or any Government department/ Local
Self Government/SMC for civil construction works. The Bidder is required to submit the
evidence of the same.
(e) The bidder shall demonstrate availability for this work of a Project Manager (Graduate
Civil Engineer) with not less than 15 years of experience in implementation/construction of
engineering works and 10 years in similar engineering works and other key personnel with
adequate experience as below;
Key Personnel Experience
No Qualification
1. Project Manager (01) B.E. Civil 15 Years
2. Senior Civil Engineer (01) B.E. Civil 10 Years
5 years in Urban lighting
3. Electrical Engineer (01) B.E. (Elec.)
Works (Preferable)
Material Engineer/ Quality Control Engineer B.E. Civil (Or) 7 years
(02) Diploma (Civil) 10 years
5. Surveyor (01) I.T.I. 7 years
TENDER DOCUMENT SMC
EMPLOYMENT OF A QUALIFIED SITE ENGINEER BY THE CONTRACTOR: -
The Engineer so employed for the work must have sufficient competence to handle the work
independently. Such an Engineer shall have to stay at the site of work, and he shall not be entrusted
with any other duty except of this work.
In case the Contractor or as partner of the Contractor firm is a Civil Graduate Engineer, employment
of a separate Engineer will not be necessary provided that the Engineer partner himself attends the
executions of the work on site.
Provide signed CVs of above-mentioned key personnel along with qualification and experience
During the actual execution of work, if the performance of project Manager & material engineer/ QC
is found unsatisfactory, the contractor should replace them with in 1 month with competent key
professional as approved by the Engineer-in-charge failing which the penalty of Rs.1500.00 per day
shall be applicable in absence of each key personnel.
(f) Bidder should submit a Solvency Certificate of at least 20% of the total estimates cost put to the
tender. Solvency Certificate shall be issued by schedule/Nationalized Bank only and should be Valid
till the last date of submission of tender Online. (Considering validity as 1 year from date of issue of
Solvency Certificate).
(g) Bidder should not be blacklisted by any government organization/company/institution body.
(h) The Bidder should also demonstrate availability (either owned or leased or procured or to be
procured) of the following key and critical equipment for this work as given below:
Essential Equipment’s for Cement Concrete Road works
Essential Plant or Equipment’s Quantity Required Capacity
1. Fully automatic Concrete Batching With computerized 1 60 cum/hr or above
controls with digital display.
2. Concrete Transit mixer 4 10 MT or above
3. Concrete Slip form paver finisher with electronic sensor 1 3 to 5m wide
and texturizing & curing compound sprayer unit.
4. Screed vibrators 2 -
5. Needle vibrator 2 60 mm
6. Diamond cutter 2 -
7. Vibratory Road Roller 2 8 to 10 MT
8. Tandem Roller 2 8 to 10 MT
9. Pneumatic Tyred Road Roller 1 10-12 MT
10. Tipper or dumpers 5 7 cum
TENDER DOCUMENT SMC
Essential Equipment’s for Bituminous Road works
Essential Plant or Equipment’s Quantity Required Capacity
1. Disc Harrowing and/or Rotavator 1 Nos. -
2. Grader 1 Nos. -
3. WMM Plant 1 Nos. 100 TPH or above
4. Sensor paver finisher for laying WMM and Bituminous
course and/or Paver finisher for laying Bituminous capable to do work up to
course (if required for manual laying of bituminous 5.50 mt. width
5. Fully automatic Hot Mix asphalt plant (Batch mix type) 1 Nos. 80 TPH or above
6. Mechanical Bitumen/Emulsion sprayer 1 Nos. -
7. Truck/Hywa/MTV 7 Nos. 7 Cum.
8. Integrated manual machine with cylinder for 1 Nos. -
thermoplastic road marking
9. Plate Vibrator 1 Nos. 3 to 5 Ton
Attested copy of ownership proof and/or leased agreements or procurement proof made from date of
submission of tender as supporting documents, shall be produced. The lease agreements should be on
stamp paper of necessary amount valid until completion of contract for all the equipment’s and plants.
(i) Bidders have to provide letter of support regarding machinery/equipment to be purchased from
manufacturers to be procured along with undertaking on stamp paper of Rs. 300/- that bidder shall
make available all such machinery and equipment (to be purchased) within 2 months from date of
issue of LOI (letter of intent)/Work Order
4.2 Bidder shall submit following documents/ information as a part of Eligibility and Qualification
submissions. Eligibility and Qualification Submissions is defined in clause no
(a) Bid Security/EMD and Tender Fees as required under the Tender Notice section of this
Tender. The Bid of the Bidder shall summarily be rejected if it does not contain Bid Security
and Tender Fees.
(b) General information, Legal Status including Memorandum of Associations (MOA), Articles of
Associations (AOA) and Partnership Deed; as the case may be; as per Form No 2 in Section
(d) Solvency Certificate as per clause 4.1 (f).
(e) The Bidder is required to submit the annual income/ turnover from for last five financial years
and as certified by statutory auditors (As per Form No 3 in Section III).
(g) Registration certificate as per clause 4.1 (d).
(h) Notarized Power of Attorney to authorized signatory of Bidder (As per Form No 7 in Section
TENDER DOCUMENT SMC
(i) Summary of Current Contract Commitments/ Works in Progress (As per Form No 5 in
Section III) and Evidence in terms of Work Order, LOA for the Work in progress as listed in
(l) Availability of Equipment (As per Form No 11 in Section III). An attested copy of ownership
proof for equipment as supporting documents shall be produced as per clause 4.1 (I).
(m) Evidence in terms of necessary supporting documents AND client certificates (i.e., Completion
Certificate) for quantities of work executed as per clause 4.1(b) and 4.1(b1).(As per Form No
10 in Section III).
(n) Anti- Blacklisting certificate as per clause 4.1 (g)(As per the Form No 09 in section III).
(r) Details of key personnel as specified in clause 4.1(e) and (As per Form No 6 in Section III)
(u) Necessity Arise, Bidders shall provide required documents satisfactory to the Employer as the
Employer shall request.
(v) Additional information regarding litigation, debarment, arbitration, etc. (As per Schedule B of
Section IV (A)).
(w) Signed Copy of Addenda and corrigendum if any.
(x) ANNEXURE-A(As per SECTION VII)
(y) ANNEXURE-B(As per SECTION VII)
(z) ANNEXURE-C(As per SECTION VII)
(aa) ANNEXURE-D(As per SECTION VII)
(bb) Undertaking of site visit (As per Form No 12 in Section III)
All the documents comprising the Eligibility and Qualification submission shall be signed by
Authorized Signatories of Bidder.
It is to be noted that Bidder shall have to submit all qualification documents (as mentioned in
qualifying criteria), forms, schedules and other supporting documents in electronics (soft)
format only. Technical bid & Price bid are not to be submitted in physical form. Please note
that non-submission of Prequalification documents, forms, schedules and other supporting
documents as well as price bid does not absolve the bidders from any liability created from the
bid conditions and bidding process. Technical bid in Hard copy shall be submitted by
successful bidder upon intimation from SMC afterwards.
4.3 Disqualification
Even though the Bidders may meet the above criteria, they are subject to be disqualified for any
of the following reasons:
a) Misleading or false representation in the forms, statements and attachments submitted under
b) Record of poor performance such as abandoning the work, rescinding of contract for which the
reasons are attributable to the non-performance of the contractor, consistent history of litigation
awarded against the applicant or financial failure due to bankruptcy.
c) Has been identified by the Employer as poor performer in implementation of ongoing Surat
Municipal Corporation’s/ or other Government department or Local Body’s works.
TENDER DOCUMENT SMC
4.4 Debarment/ Black Listing
Notwithstanding the above, the Employer may debar or blacklist any of the bidder(s) for their
misleading or false representations in the form’s statements, etc. for the period to be decided by the
4.5 One Bid per Bidder
Each bidder shall submit only one bid either as a single bidder. A bidder who submits more than
one bid under this contract will be disqualified.
5 Cost of Bidding
The bidder shall bear all costs associated with the preparation and submission of his bid and the
Employer will in no case be responsible or liable for those costs.
6.1 The bidder is advised to visit and examine the Project Site of Works and its surroundings and
obtain for itself on its own responsibility all information that may be necessary for preparing the
bid and entering into a contract for construction of the Works. The costs of visiting the Site shall
be at the bidder's own expense.
6.2 The bidder and any of its personnel or agents will be granted permission by the Employer to
enter its premises and lands for the purpose of such inspection, but only upon the express
conditions that the bidder, its personnel and agents, will release and indemnify the Employer
and its personnel and agents from and against all liability in respect thereof and will be
responsible for death or personal injury, loss of or damage to property and any other loss,
damage, costs and expenses incurred as a result of the inspection.
6.3 The bidder shall provide an affidavit on a Rs 300/- government stamp paper in the format as
attached FORM-12 in Section-III with the submission of Tender copy.
7 Eligible Material, Equipment and Services
At the Employer's request, the bidder having offered the lowest evaluated Price Bid may be
required to provide evidence of the origin of materials, equipment, and services to the
satisfaction of the Employer.
TENDER DOCUMENT SMC
B. Bidding Documents
8 Contents of Bidding Documents
8.1 The set of bidding documents comprises the documents listed below and should be read in
conjunction with any Addenda issued in accordance with Clause 10:
SECTION DESCRIPTION
INVITATION FOR BID (IFB)
I INSTRUCTIONS TO BIDDERS (ITB)
II CONDITION OF PARTICULAR APPLICATION
III QUALIFICATION INFORMATION FORMS
IV(A) GENERAL CONDITIONS OF CONTRACT
IV(B) SPECIAL CONDITIONS OF CONTRACT
V TECHNICAL SPECIFICATIONS
VI BILL OF QUANTITIES
VII FORMAT OF SECURITIES, FORMS OF ACCEPTANCE AND FORM OF
TENDER DOCUMENT SMC
VOLUME 2: FORM OF PRICE BID
(Can be seen online and to be submitted online throughhttps://smctender.nprocure.com)
8.2 The bidder is expected to examine carefully the contents of all the above bid documents. Failure
to comply with the requirements of bid documents will be at the bidder's own risk. Pursuant to
Clauses 24 and 26 of ITB, bids that are not substantially responsive to the requirements of the
bidding documents will be rejected.
8.3 Employer may ask, at its sole discretion, for additional information from bidders at any stage of
the bidding process.
9 Pre-Bid Meeting and Clarification of Bidding Documents
9.1 No Physical Pre-bid meeting shall be held. Bidders shall have to send their queries on email
address: [email protected] on or before Dt. 10/04/2026 Answers to the queries
shall be uploaded on the website www.smctender.nprocure.com and if possible circulated
electronically.
9.2 Any modification of the bid document, which may become necessary as a result of the pre-bid
meeting, shall be made by the Employer exclusively through the issue of an Addendum
pursuant to Clause
10 Amendment of Bidding Documents
10.1 Before the deadline for submission of bids, the Employer may modify the bidding documents by
10.2 Any addendum thus issued shall be part of the bidding documents. The addendums shall be
posted on www.smctender.nprocure.com. Bidders are required to regularly check the website for
10.3 To give prospective bidders reasonable time in which to take an addendum into account in
preparing their bids, the Employer may its sole discretion, extend as necessary the deadline for
submission of bid.
TENDER DOCUMENT SMC
C. Preparation of Bids
11 Language of Bid
The bid and all correspondence and documents related to the bid exchanged between the bidder
and the Employer shall be written in the English language. Supporting documents and printed
literature furnished by the bidder may be in another language provided they are accompanied by an
accurate translation of the relevant passages in the English language, in which case, for purposes of
interpretation of the bid, the English translation shall prevail.
12 Documents comprising the Bid
Eligibility and Qualification submissions specified in Clause 4.2 and defined hereunder shall be
submitted through online only(or specified otherwise), which shall comprise the following
a) Eligibility and Qualification Submissions
The following shall constitute the “Eligibility and Qualification Submissions” which are to
be submitted in online:
i) Tender Fees and Bid Security/EMD for an amount as specified in the Tender Notice
and in the form specified in Clause 16 of ITB. (Online and hard copy)
ii) Eligibility and Qualification Information as specified in Sub Clause 3, Clause 4.1 and
Clause 4.2 of ITB. These are detailed information lists which the bidder may carefully
review and provide as specified online.
iii) Any other material/ information required to be submitted in accordance with the
Instructions to Bidders (ITB).
b) Price Bid (Volume 2 of this Tender Document)
(Can be seen online and to be submitted online through https://smctender.nprocure.com)
The Price Bid shall consist of- Form of Price Bid which can be seen online as per Volume
of this Tender document and duly filled by filling percentage rates of above/below than
estimated cost mentioned in BOQ both in words and figures online through
https://smctender.nprocure.com.
The bidder shall submit the Price Bid online through e- tendering only. No Price bid in
physical form will be accepted and any such offer if received by SURAT MUNICIPAL
CORPORATION will be out rightly rejected.
The above Price Bid shall be submitted as per Volume 2 of this Tender (can be seen online)
before the Bid submission Date and time specified in Tender Notice section online through
www.smctender.nprocure.com. The Price Bid shall not be submitted in hard copy and shall
be submitted online as mentioned above only.
Dully filled and signed copies of all forms and necessary to shall be submitted online along
with Eligibility and Qualification Submissions.
It is to be noted that the following qualified bid/ qualification Documents and other necessary
shall be submitted in Hardcopy too.
• Earnest Money Deposit as mentioned in the tender,
• Tender Fee as mentioned in Section II (B),
TENDER DOCUMENT SMC
• Addenda corrigendum (if any)& Affidavit and undertaking duly signed by the contractor.
13.1 Unless stated otherwise in the bidding documents, the Contract shall be for the whole Works as
described in bidding documents, based on the percentage rate amount in the Bill of Quantities
submitted by the bidder.
13.2 The bidder shall fill in percentage rate above and below and total amount (Both in figures and
13.2 The bidder shall fill in percentage rate above and below and total amount (Both in figures and
words) for overall items of the works provided in the Bill of Quantities (the “Total Price Bid”).
14 All duties, taxes, and other levies except GST payable by the contractor under the contract, or for
any other cause shall be included in the rates, prices and total Bid Price submitted by the Bidder.
(GST will be paid extra).
14.1 GST (Goods & Service Tax) has come in existence from 1st July, 2017. Contractor/Successful
Bidder is bound to pay any amount of GST prescribed by the Govt of India as per the Term of
Contract agreed upon during the course of execution of this Contract. During the course of
execution of contract if there is any change in Rate of GST (Goods & Service tax) by the
Government, the same shall be reimbursed/recovered separately by SMC, subject to the
submission of original Receipt /Proof for the amount actually remitted by the Successful
Tenderer / Contractor to the Competent Authority along with a Certificate from Chartered
Account 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.
Payment of GST (prevailing rates) on the amount payable under the contract to the Contractor
will be made by the Employer. Hence, it is the responsibility of the contractor to pay the GST to
the concerned Authority.
The rates quoted by the Contractor must be inclusive of all taxes prevailing on due date of bid
submission except GST. However, any subsequent changes in the tax structure by Government
after due date of bid submission will be compensated (+/-) on availability or submission of
factual documentation. Contractor will have to intimate Engineer regarding changes occurred in
the tax structure after bid submission. If the contractor fails to provide such information and if
any financial obligation may arise due to change in tax structure, same will be recovered from
the contractor.
GST will be paid separately on the bills. Hence, it is the responsibility of the contractor to pay
the GST to the concerned Authority.
The Construction labour welfare cess shall be deducted from R.A. bill of the contractor at the
prevailing rate. The current rate of labor cess is 1% of the capital amount.
If imposition of any other new Taxes / Duties / Levies / Cess or any other incidentals etc. or any
increase in the existing Taxes / Duties / Levies / Cess or any other incidentals etc. (Excluding
GST) are imposed during the course of the contract, the same shall be borne by the Contractor /
Successful Bidder only in no case SMC shall be liable for the same.
The contractor will submit the invoice to the SMC having GSTIN of SMC mentioned therein
and the taxes shall be shown separately on the face of the invoice so as to claim as ITC by SMC.
TENDER DOCUMENT SMC
15 Currencies of Bid and Payment
15.1 The rates and the prices shall be quoted by the bidder in Indian Rupees only. In no circumstances
shall the price bid be quoted in any other currency except the INR.
16 Bid Validity
16.1 Bids shall remain valid for a period of 120 days (one hundred and twenty days) from the date of
opening of Price Bid.
16.2 In exceptional circumstances, prior to expiry of the original bid validity period, the Employer
may request the bidders to extend the period of validity for a specified additional period. The
request and the responses thereto shall be made in writing. A bidder may refuse the request
without forfeiting his Bid Security. A bidder agreeing to the request will not be required or
permitted to modify his bid but will be required to extend the validity of his Bid Security for the
period of the extension, and in compliance with Clause 16 of ITB in all respects.
17 Bid Security
17.1 The value of EMD/Bid Security is Rs. 4,95,000/- to the extent of 100% in the form of Demand
Draft or pay order OR 50% In form of Demand Draft or Pay order & 50% in the form of Bank
Guarantee in favor of Commissioner, Surat Municipal Corporation, Surat (B.G. shall be as per
Form No. 1 of Section VII for bid Security) from the Bank given in Form 5of section VII
payable at Surat only. The validity of Bank Guarantee submitted as EMD shall of 180 days from
Bid Submission Date and shall be liable for extension in future
17.2 The earnest money deposit in the form of FDR or Cheque shall not be accepted.
EMD should be in the form of Demand Draft/Pay Order should be from Nationalized/Schedule
Banks, while Bank Guarantee for the purpose of this tender shall be from Approved Bank only
(See Form no. 5 of Section VII).
17.3 Any bid not accompanied by Tender Fee and an acceptable Bid security and not secured as
indicated in Sub Clause 16.1 and 16.2 of ITB above shall be out rightly rejected by the
Employer as non–responsive and Bid Shall be considered as not in compliance with
requirement of Bid Documents.
17.4 The earnest money/Bid Security of the unsuccessful bidders other than mentioned in 16.5 shall
be returned as promptly as possible, on finalization of acceptance/rejection of the tenders
received or as decided by the SMC.
17.5 The EMD/Bid Security of the successful bidder, and second and third lowest tenders, will be
returned/ discharged when the successful bidder has furnished the required Initial Security.
17.6 Bid Security is non-interest-bearing deposit.
17.7 The Bid Security may be forfeited-
a) if the bidder withdraws or modifies his bid during the period of bid validity;
b) if the bidder does not accept the correction of his bid price, pursuant to Clause 27;
c) in the case of a successful bidder, if bidder fails within the specified time limit to:
i) Furnish the required Performance Security, or
ii) Sign the Agreement given in Form no. 4 of Section VII.
18 Alternative Proposals by Bidders
Bidders shall submit offers, which comply with the requirements of the bidding documents,
including the conditions of contract, basic technical design as indicated in the Drawings and
Specifications. Conditional offer or alternative offers will not be considered further in the
process of bid evaluation. Bids based on alternative designs shall not be considered.
TENDER DOCUMENT SMC
19 Format and Signing of Bid
19.1 All witnesses and sureties shall be persons of status and probity and their full names,
occupations and addresses shall be printed below their signatures. All signatures shall be dated.
TENDER DOCUMENT SMC
D. Submission of Bids
20 Sealing and Marking of Bids
The bidder shall submit the Bid in two parts, the Eligibility & Qualification Submissions and
the Price Bid pursuant to clause 12 of this ITB.
20.1 The bidder shall seal and send the demand drafts (relevant to tender fee, bid security (EMD)&
Affidavit, undertaking, and addenda corrigendum (if any)) in original in separate covers. Cover
shall be the outer cover. Cover 2 shall contain documents. The main outer Bid envelope shall be
marked as follows:
Construction of Cement Concrete Pavement, Allied Works & Utility Shifting Of
mt.T.P. Road From Narola Farm To Dholakia Farm Via Jalaram Chok (F.P. No. 37/1 To
90) In P.T.P.S. No. 50 (Ved-Katargam) In North Zone (Katargam).
Eligibility and Qualification Submissions – The following details are to be submitted online on
www.smctender.nprocure.com
i. P.Q. documents along with all necessary supporting documents.
ii. Tender Document fees and EMD Detail.
iii. Affidavits and undertakings on Non judicial stamp paper Rs.300/.
iv. Addenda Corrigendum, If any.
The following details shall also be submitted in hard copy at prescribed address:
ii. Earnest Money Deposit
iii. Affidavits and Undertakings on Non judicial stamp paper Rs.300/-.
iv. Addenda Corrigendum, If any.
Please note that price bid shall not be submitted in hard copy under any circumstances. This will
hold the tender liable for rejection.
20.2 The cover containing above documents specified above in clause no 19.1 shall be placed under
the main outer envelope. The main outer envelope shall:
a) Be addressed to the Employer at the following address and shall be sent through Speed
Post/RPAD only.
Chief Accountant Shri,
Surat Municipal Corporation,
Mugalisara, Surat-395003.Gujarat.
b) Bear the following identification:
1. Tender notice no.: DMC/NZ/18/2025-26(WORK NO.02)
2. Department/Zone : Road Department (NZ)
Name of work: Construction of Cement Concrete Pavement, Allied Works & Utility Shifting
Of 18.00 mt.T.P. Road From Narola Farm To Dholakia Farm Via Jalaram Chok (F.P. No. 37/1
To 90) In P.T.P.S. No. 50 (Ved-Katargam) In North Zone (Katargam).
c) Have endorsement on outer cover:
Do not open before Dt.01/05/2026.
20.3 If the outer envelope is not sealed and marked as above, the Employer will assume no
responsibility for the misplacement or premature opening of the bid.
TENDER DOCUMENT SMC
20.4 The Price Bid (Volume 2 of this Tender Document) shall be submitted online in the format
specified in Volume 2 of this Tender (can be seen online) by filling percentage rates over BOQ
through e- tendering only. No Price bid in physical form will be accepted and any such offer if
received by SURAT MUNICIPAL CORPORATION will be out rightly rejected.
The above Price Bid shall be submitted as per Volume 2 of this Tender (can be seen online)
before the Bid submission Date and time specified in Tender Notice section online through
www.smctender.nprocure.com. The Price Bid shall not be submitted in hard copy and shall be
submitted online as mentioned above.
20.5 The Technical Bid (Vol. I,II&III) when intimated shall be submitted to Surat Municipal
Corporation later on.
21 Deadline for Submission of Bids
21.1 Refer “Schedule of E tender” & “General terms & conditions” mentioned in the E tender
invitation notice. Bidder shall quote their offer in electronic format only on website https://
smctender.nprocure.com on or before Dt.20/04/2026 up to 18.00 hrs (IST).
21.2 The Employer may, at his discretion, extend the deadline for submission of bids by issuing an
amendment in accordance with Clause 10 of ITB, in which case all rights and obligations of the
Employer and the bidders previously subject to the original deadline will thereafter be subject to
the deadline as extended.
22.1 Any bid received by the Employer after the deadline for submission of bids prescribed in Clause
20 above will be rejected returned unopened to the bidder.
22.2 No bid may be modified or withdrawn after the deadline for online submission of bids
22.3 Withdrawal or modification of a bid between the deadline for online submission of bids and the
expiry of the original period of bid validity specified in Clause 15 above or as extended pursuant
to Clause 15 above shall result in the forfeiture of the bid security pursuant to Clause 16 above.
23 Modification and Withdrawal of Bids
23.1 The bidder may modify or withdraw his Eligibility and Qualification Submissions after bid
submission, provided that written notice of the modification or withdrawal is received by the
Employer prior to the deadline for submission of bids/Bid Due Date. Any modifications in
respect of Eligibility and Qualification Submissions shall be submitted in separate sealed
envelope duly marked so.
23.2 The bidder's modification or withdrawal notice shall be prepared, sealed, marked and delivered
in accordance with the provisions of Clause 19, with the outer and inner envelopes additionally
marked "MODIFICATIONS" or "WITHDRAWAL" as appropriate.
23.3 No bid shall be modified by the bidder after the deadline for submission of bids.
23.4 Withdrawal of a bid during the interval between the deadline for submission of bids and the
expiration of the period of bid validity specified in Clause 15 may result in the forfeiture of the
Bid Security pursuant to Clause 16 of the ITB.
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E. Bid Opening and Evaluation
24 Opening of Eligibility and Qualification Submissions
The Employer will open the Technical Bid online and Eligibility and Qualification
Submissions (submitted online) on the date, time and place specified in Tender Notice and IFB
section. In the event of specified date of bid opening being declared as a holiday for the
Employer, then if possible, Technical Bid (Online) and Eligibility and Qualification
Submissions will be opened at the appointed time and location on the next working day.
24.2 Bids for which acceptable notice of withdrawal has been submitted pursuant to Clause 22 shall
not be opened and shall be returned.
24.3 Envelopes marked Eligibility and Qualification Submissions shall then be opened. Bidder’s
names, ‘Modification of Eligibility and Qualification Submissions’, the presence/or absence of
Bid Security, the amount and validity of Bid Security and Tender Fee furnished with each bid
and such other details, as the Employer may consider appropriate will be announced by the
Employer at the opening.
24.4 If any Bid contains any deviation from the Bids documents and /or if the same does not contain
Bid security and Tender Fee in the manner prescribed in the Bid documents, then that Bid will
be rejected and the Bidder informed accordingly.
24.5 The Price Bid shall not be opened at this stage.
25 Examination of Eligibility and Qualification Submissions and Determination of Eligibility
and Qualifications
25.1 Prior to evaluation of Eligibility and Qualification Submissions, the Employer will determine
whether the bid is accompanied by the required Bid Security and Tender Fee.
25.2 If the Bid Security furnished does not conform to the amount and validity period as specified in
the Invitation for Bids and has not been furnished in the form specified in Clause 16 and not
from the list of Approved Banks, the bid shall be rejected by the Employer as nonresponsive
and the Bids will be returned to the bidder.
25.3 Subject to confirmation of the Bid Security by the issuing bank, the Eligibility and
Qualification Submissions of bidder will be taken up for further evaluation. In case, the Bank
does not confirm the Bid Security, the bid shall be rejected as non-responsive and no further
evaluation carried out for that particular bidder.
25.4 The Eligibility and Qualification Submissions will further be examined to determine whether
the bid has been properly signed and meets the eligibility and qualification criteria as per
clause 3 and clause 4 of Instruction to Bidders section, has the required available bid capacity
and is accompanied by the requisite certificates/ documents, undertaking and other relevant
information specified in the bid documents and is substantially complied with the requirement
of the bidding documents and provides any clarification for ascertaining the correctness of the
information/ details that the Employer may require pursuant to Bid Evaluation.
25.5 If the Eligibility and Qualification Submissions is not complied with eligibility and
qualification requirements of bidding documents, it will be termed as non-responsive and
rejected by the Employer. It will not subsequently be made in compliance with bidding
documents by correction or modification or withdrawal of the non-conforming deviation or
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reservation. The Employer at its sole discretion, reserves the right to ask for further
information/ documents from the bidder/s.
25.6 Bidders whose bids meet eligibility and qualification requirements of bidding documents
specified in Clause 3 and 4 of ITB and submitted required Tender Fees and Bid Security in
accordance with clause 16 shall be termed as technically responsive bids.
25.7 The Price Bid of those bidders whose Eligibility and Qualification Submissions is determined
to be non-responsive and not in compliance with the requirement of bidding documents
pursuant to this Clause 24 shall not be opened.
26 Opening of Price Bids
26.1 Price Bids of the bidders whose bid capacity has already been exhausted shall not be opened on
the bid opening date.
26.2 Price Bids of those bidders whose Eligibility and Qualification Submission has been determined
to be in compliance with bidding document and responsive in accordance with Clause 24 (i.e.
meeting eligibility criteria specified in clause 3, qualification criteria specified in clause
4,submitted all necessary documents specified in clause no 4.2, and submitted required Tender
Fee and Bid Security, shall be opened in presence of the bidders or their representatives who
choose to attend on the date intimated to such bidders. In the event of specified date of Price Bid
opening being declared a holiday for Employer, the ‘Price Bids’ shall be opened at the appointed
time and location, if possible, on the next working day.
26.3 The prices quoted by the bidders meeting the bid capacity criteria will be compared (i.e., Total
Bid Price quoted by the bidders shall not exceed their respective Bid Capacity) and would be
considered for determination of responsiveness of Price Bids pursuant to clause
26.4 The names of the bidders whose Eligibility and Qualification Submission is found to be
substantially responsive (as per clause no 24 and 25.1, 25.2,25.3), the bid prices, the total
amount of each bid, any discount, and such other details, as the Employer may consider
appropriate will be announced by the Employer at the opening of the Price Bid. Any bid price,
which is not read out and recorded at the bid opening, will not be taken into account in Bid
26.5 Bidders or their representatives who are present shall sign attendance sheet evidencing their
26.6 The Employer shall prepare besides the record of bid opening, minutes of the Price Bid opening
including the information disclosed to those in accordance with Sub-Clause 25.4.
27 Examination of Price Bids and Determination of Responsiveness of Price Bid
27.1 The Employer will determine responsiveness of each Price Bid with respect to filled amount
against the Bill of Quantities, Technical Specifications, Drawings and other relevant requirement
of bidding documents.
27.2 A substantially responsive Price Bid is one which conforms to all the terms, conditions and
specifications of the bidding documents, without material deviation or reservation. A material
deviation or reservation is one (I) which affects in any substantial way the scope, quality or
performance of the Works; (II) which limits in any substantial way, inconsistent with the bidding
documents, the Employer's rights or the bidder's obligations under the Contract; or (iii) whose
rectification would affect unfairly the competitive position of other bidders presenting
substantially responsive Price Bids.
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27.3 If the Price Bid is not substantially responsive pursuant to this Clause 26.1 and 26.2, it will be
rejected by the Employer.
28 Correction of Errors
28.1 Price Bids determined to be substantially responsive will be checked by the Employer for any
arithmetic errors. Arithmetic errors will be rectified on the following basis: -
i) Where there is a discrepancy between the rates in figures and in words, the rate in words
will govern; and
ii) Where there is a discrepancy between the unit rate and the line-item total resulting from
multiplying the unit rate by the quantity, the unit rate as quoted will govern.
28.2 The amount stated in the Price Bid will be adjusted by the Employer in accordance with the
above procedure for the correction of errors and shall be considered as binding upon the
bidder. If the bidder does not accept the corrected amount of bid, his bid will be rejected, and
his Bid Security may be forfeited in accordance with Clause
29 Evaluation and Comparison of Price Bids
29.1 The Employer will evaluate and compare only those Price Bids which are determined to be
substantially responsive in accordance with Clause 26 and qualified for award of Contract in
accordance with Clause 3 and 4 of ITB.
29.2 In evaluating the Price Bids, the Employer will determine for each Price Bid the evaluated
Bid Price by adjusting the Bid Price as follows: -
a) Making any correction for errors pursuant to Clause 27 of ITB;
b) Making an appropriate adjustment for any other acceptable variations, deviations; and
c) Making appropriate adjustments to reflect discounts or other price modifications offered in
accordance with relevant clause.
29.3 After adjusting the bid prices as stated above, final bid evaluation will be done as follows:
a) Bidder needs to quote in percentage of rates (above /below as indicated in BOQ) against BOQ. It
is mandatory for further evaluation of bids & payment. Payment of items of each part/section of
BOQ shall be made as per quoted or later sanctioned percentage (whichever is lower) for each
part/section of BOQ.
b) Successful bidder will be decided based on overall percentage quoted above/below of Total
estimated amount as indicated in Vol-II for the complete project.
29.4 If the Bid of the successful Bidder is seriously unbalanced in relation to the Employer’s
estimate of the cost of the items of the Works to be performed under the Contract, the
Employer may require the bidder to produce detailed price analysis for any or all items of the
Bill of Quantities, to demonstrate the internal consistency of those prices with the construction
methods and schedule proposed. After evaluation of the price analysis, the Employer may
require that the amount of the performance security set forth in Clause 36 be increased up to an
additional 4 (four) per cent at the expense of the successful bidder to protect the Employer
against financial loss in the event of default of the successful bidder under the Contract.
29.5 The Employer reserves the right to accept or reject any variation, deviation, or alternative offer
except in case of structures where alternative offers are called for. Variations, deviations and
alternative offers and other factors which are in excess of the requirements of the bidding
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documents or otherwise result in unsolicited benefits for the Employer shall not be taken into
account in bid evaluation.
29.6 A bid, which is unrealistically lower then estimate and which could not be substantiated
satisfactorily by the bidder, may be rejected as non-responsive.
30 Rate Analysis
30.1 Requirement of submission of analysis by the contractor shall be complied and submitted to
the Employer or his nominee within the stipulated time fixed by the Employer or his nominee
failing which the bid shall be treated as non-responsive. After evaluation of the price analysis,
the Employer may require that the amount of the performance security set forth in clause
may be increased at the expense of the successful bidder to a level sufficient to protect the
Employer against financial loss in the event of default of the successful bidder under the
31 Clarification of Bids
31.1 To assist in the examination, evaluation and comparison of bids, the Employer may, at his
discretion, ask any bidder for authentication the correctness of the information/ details
furnished by him in his bid. Such request by the Employer and the response by bidder shall be
in writing or by email, but no change in the price or substance of the bid shall be sought,
offered or permitted except as required to confirm the correction of arithmetical errors
discovered by the Employer in the evaluation of the bids in accordance with Clause
31.2 Subject to Sub Clause 30.1, no bidders shall contact the Employer on any matter relating to his
bid from the time of bid to the time contract is awarded.
31.3 Any effort by the bidder to influence the Employer in the Employer’s bid evaluation, bid
comparison or contract award decisions may result in the rejection of his bid.
Information relating to the examination, clarification, evaluation and comparison of bids and
recommendations for the award of a contract shall not be disclosed to bidders or any other
persons not officially concerned with such process until the award to the successful bidder has
been announced. Any effort by a bidder to influence the Employer's processing of bids or
award decisions may result in the rejection of his bid.
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F. Award of Contract
33.1 Subject to Clause 33, the Employer will award the Contract to the bidder whose bid has been
determined to be substantially responsive to the bidding documents and who has offered the
lowest Evaluated Bid Price pursuant to Clause 28, provided that such bidder has been
determined to be (i) eligible in accordance with the provisions of Clause 3; and (ii) qualified in
accordance with the provisions of Clause 4 of ITB.
33.2 In case of overall bidder’s offer is less than 90% of the Engineer’s estimate of the cost of work,
additional security in the form as specified in Clause 36 for a period equal to the period of
contract and for an amount equal to the difference of the bidder’s offer and 90% of Engineer’s
estimate of the cost of work shall be delivered as per clause 36 hereof.
33.3 The employer reserves the right to award the whole package and/or only any section of tender to
a bidder with the lowest Evaluated Bid Price provided that such bidder satisfies the eligibility
criteria specified elsewhere in the Bid documents
34 Employer's Right to Accept any Bid and Reject any or all Bids
34.1 Notwithstanding Clause 32, the Employer reserves the right to accept or reject any bid and to
annul the bidding process and reject all bids, at any time prior to award of Contract, without
thereby incurring any liability to the affected bidder or bidders or any obligation to inform the
affected bidder or bidders of the grounds for the Employer's action.
35 Notification of Award
35.1 Prior to expiration of the period of bid validity prescribed by the Employer, the Employer will
notify the successful bidder by email or confirmed by registered letter that his bid has been
accepted. This letter (hereinafter and in the Conditions of Contract called "the Letter of
Acceptance") shall name the sum which the Employer will pay the Contractor in consideration
of the execution, completion and maintenance of the Works by the Contractor as prescribed by
the Contract (hereinafter and in the Conditions of Contract termed "the Bid Price/Contract
35.2 The notification of award will constitute the formation of the Contract subject only to the
furnishing of a performance security in accordance with the provisions of Clause
36 Signing of Agreement
36.1 At the same time that the Employer notifies the successful bidder that his bid has been accepted,
the Employer will direct him to submit the Performance Security and attend the Employer's
office on a date determined by the Employer for signing the Form of Agreement specified in
section VII of this document.
36.2 Within 28 (twenty-eight) days of the date of signing the Form of Agreement, the successful
bidder shall, if required, have the same engrossed, have the correct amount of stamp duty
adjudicated by the Inspector General of Registrations and return the same duly signed and
executed on behalf of the successful bidder to the Employer.
36.3 Upon the furnishing by the successful Bidder of the Performance Security, the Employer will
promptly notify the other Bidders that their Bids have been unsuccessful and then release Bid
security of L1, L2 & L3 Bidders.
TENDER DOCUMENT SMC
37 Initial Security and Performance Security
37.1 Within 15 days of receipt of the Letter of Acceptance, the Successful Bidder is required to pay
Initial Security to the extent of 2% of Sanctioned Tender Amount plus Additional Security (if
required) in the form of D.D or FDR or pay order or in form of Bank Guarantee from Approved
Banks only in favor of Commissioner, Surat Municipal Corporation and payable at Surat. Initial
security deposit of 2 (%) will become refundable after payment of final bill, subject to deduction
of amount due for expenses, if any. The Bank Guarantee if submitted as initial security shall be
valid till 1 year post the date of completion of the work or shall be extended till further notice
from the department. Contractor will be liable to pay penalty as prevailing policy of Surat
Municipal Corporation for any gap between validity of Bank guarantee and its Renewal. The
List of Approved Banks is specified in Form no 5 of Section VII.
37.2 In case of overall bidder’s offer is less than 90% of the Engineer’s estimate of the cost of work,
Additional Security for the period equal to contract period and for the amount equal to the
difference of 90% of Engineer’s estimate and bidder’s offer for unbalanced bids as per sub
clause 32.2 above in accordance with the condition of contract.
Performance Security: The 2% of the Performance Security is to be deposited through
deduction from each running bills/final bill.
The amount recovered from the running bills as performance security shall not be allowed to
be transferred in the form of Bank Guarantee.
37.3 The initial security deposit at 2% of contract price submitted shall be refunded after payment
of final bill, subject to deduction of account due for expenses and remaining 2% of work done in
terms of performance security deposit deducted from the running and final bill shall be refunded
at the end of the defect liability period, after payment of final bill and after rectifying the defects
found and also after deducting dues, if any, as intimated by employer.
37.4 Failure of the successful Bidder to comply with the requirements of Sub-Clause 36.1 shall
constitute sufficient grounds for cancellation of the award of work and forfeiture of the Bid
37.5 If the security deposit is not paid within 15 days from the date of work order, then the penalty at
the rate of 0.065% per day of the amount of security deposit shall be charged. If, the security
deposit is not paid within one month with interest, necessary actions as per the conditions of
contract shall be taken.
37.6 Performance Security is non-interest-bearing deposit.
38 Corrupt or Fraudulent Practices
38.1 The Employer requires that Bidders/Suppliers/Contractors under this contract, observe the
highest standard of ethics during the procurement and execution of this contract. In pursuance of
this policy, the Employer.
(a) Defines, for the purpose of these provisions, the terms set forth below as follows:
i. corrupt practice: means the offering, giving, receiving or soliciting of anything of value
to influence the action of a public official in the procurement process or in contract
ii. fraudulent practice means a misrepresentation of facts in order to influence a
procurement process or the execution of a contract to the detriment of the Employer, and
includes collusive practice among Bidders (prior to or after bid submission) designed to
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establish bid prices at artificial non-competitive levels and to deprive the Employer of
the benefits of free and open competition.
(b) Will reject a proposal for award of work if Employer determines that the Bidder
recommended for award has engaged in corrupt or fraudulent practices in competing for
the contract in question.
(c) Will declare a Bidder ineligible, either indefinitely or for a stated period of time, to be
awarded a SMC contract/contract if he at any time determines that the Bidder has engaged
in corrupt or fraudulent practices in competing for, or in executing, the contract.
38.2 The Employer will reject a proposal for award if he determines that the Bidder recommended for
award has engaged in corrupt or fraudulent practices in competing for the contract in question.
The Employer will declare the firm ineligible, either indefinitely or for a stated period of time, to
be awarded a contract by Surat Municipal Corporation if it at any time determines that the firm
has engaged in corrupt or fraudulent practices in competing for the contract, or during execution.
Executive Engineer
North (Katargam) Zone
Surat Municipal Corporation
Date & Signature of the Contractor
TENDER DOCUMENT SMC
SECTION II (A)-CONDITIONS OF PARTICULAR APPLICATION
1. The selection process will lay high emphasis on the ability and competency of contractors to
do high-quality work within the given time schedule.
2. The onus of providing, all necessary company/project-related information, in an appropriate
manner and medium, so as to demonstrate the competency of the bidder and to allow proper
evaluation, will rest entirely on the Bidder.
3. All pages of the necessary Eligibility and Qualification Submissions have to be initialed by the
bidder. Further to above, Bidder is required to submit dully signed Bid copy (Vol. I, II & III)
after intimation from the department.
4. All information has to be submitted in the prescribed format only. Projects for which
incomplete information has been provided will not be considered for evaluation.
5. The scope of work, project description mentioned in the document is indicative and may
change during detail design.
6. Conditional bids will not be accepted and will be liable for rejection.
7. SMC’s decision for selection or rejection of the bidder shall be final and binding to all.
8. Bidder should provide information as mentioned in the prescribed forms for projects.
Information other than that related to similar projects shall not be considered for evaluation.
9. If Surat Municipal Corporation is convinced that the Bidder has resorted to material
misrepresentation or provided fraudulent information/ statement, the said Bidder will be liable
for disqualification/ rejection at any stage.
10. Proof for fulfillment of eligibility criteria should be submitted along with Eligibility and
Qualification Submission. If the Eligibility and Qualification Submission is submitted without
valid documents and without proof of eligibility criteria will be rejected.
11. Those who do not meet with the eligibility criteria need not submit the Bid.
12. Bids, which do not fulfill all or any of condition or are submitted incomplete in any respect or
are conditional tenders, will be rejected.
13. Engineer In-charge reserves the rights to reduce/ increase the scope of work and contract
without assigning any reason thereof.
14. All the expenses regarding the plant and its installation shall be borne by the contractor. The
contractor shall at his own expenses, provide erect, operate and maintain in sound and through
working condition all constructional plants/ machineries and temporary works to complete the
work within the time prescribed in the contract. He shall also at his own expense when so
directed by the Engineer-in-charge in writing shall,
(a) Add, extend or improve the plants and temporary works already on site.
(b) Remove and replace any time of plant or temporary work which in the opinion of the
Engineer-in-charge is unsafe, inadequate or unsuitable.
The issuing of any directions by the Engineer-in-charge as mentioned in the preceding sub-
Para shall not however relieve the contractor of any of his duties and representatives under the
contract in procurement by him plants / machines in working conditions.
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15. Explosive and Inflammable Materials:
The Owner/Employer does not anticipate use of any explosive or any inflammable material on
this work, however in the event, explosives of inflammable materials are to be used for the
execution of the works, the contractor shall at his own expense, obtain such license or licenses
as may be required for storing and using explosives and or inflammable materials and locate,
construct and maintain magazines if such and its required for storage in accordance with the
requirements of the relevant Government Rules in force. Such magazines shall be in the care
of competent watchman all the time. All these shall be done under intimation and after getting
assurance from Engineer in charge.
The contractor shall exercise utmost care while using explosives and or inflammable materials
not to endanger life or property and shall be solely responsible for any and all damages
resulting from their storage and use, and shall indemnify absolutely Owner/Employer and its
Officers and employees against any claim or liability arising out of any accident or violation of
any law, rules, orders etc.
16. Contractor shall have to make his own arrangements for water and electricity for the purpose
of construction work at site at his own expense.
17. If the contractor fails to execute the said works within prescribed time limit, the said work will
be carried out at the risk and cost by other contractors with 15 % supervision charges as may
be decided by the Engineer In-charge.
18. Availability of Drawings
The drawing and related details for the work prepared by the consultant and approved by SMC
shall be made available from the office of Engineer In-charge.
19. Office set up at site:
Contractor has to set up a site office at a centrally located area making it accessible from all the
work area, which shall be mutually agreed upon with SMC. The office shall have computer
facilities (02 Laptops & 2 Desktops of latest Configuration i9 of HP/Dell/ASUS) with printers and
Internet connection for Email Correspondence ensuring faster communication. Digital Camera with
Data Transfer capabilities. The contractor shall take photographs and prepare videography of site
prior to commencement of work, during construction and after completion of work as suggested
and shall submit the same in soft and hard copies to SMC. The Contractor is also required to
provide office space for Project Management Consultant/ Employer’s representative as directed by
Engineer In charge.
20. Safety and Signage
Contactor has to arrange for the complete safety of the persons working for project, users of
the road i.e., public and vehicles adjoining property/ properties also. All the arrangements of
traffic drums, metal/fiber cones, traffic blinkers, traffic signs as per design, safety tapes etc. to
be arranged at site. Necessary florescent marking on traffic signs to be provided so that it
should be visible at night. During night working hours safety in charge personnel shall be
provided with florescent jackets.
21. Convenience of Traffic:
The contractor shall notify in writing to the Engineer in charge or representative of SMC of the
starting of any construction or other operation that may in any way to inconvenience or
endanger traffic, at the earliest possible date and minimum a week in advance to enable the
Engineer in charge to take action as per rules. Under no circumstances the contractor shall
close any road traffic without the permission of the Engineer in charge.
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Whenever necessary, temporary detours or diversions shall be made at service road also and
maintained for traffic by the contractor at his cost. Such diversions shall have a width of not
less than 7.5 meters throughout and shall be provided with necessary road signs clearly visible
at a distance by day or night. There shall be a preliminary warning by red flags by day and red
lamps/ blinkers by night at a distance of 150meter from the ends of diversion. All diversions
shall be clearly demarcated by white washed stones or other such means. The contractor shall
also prepare and get approved, the Work Zone Traffic Management Plan from concerned
department/ authority.
All operations necessary for the execution of works and for the construction of any temporary
works as shall be carried out so as not to interfere unnecessarily or improperly with public
convenience or with the access to the and occupation of public or private roads and foot paths.
Least possible obstruction shall be caused to traffic.
22. Tax, Duties on Materials
All charge on account of Goods and Service tax (GST) and other tax, etc. on material
procurement or any other component for the works from any source shall be borne by the
23. Submission of project schedule
Contractor shall submit the detailed Project schedule showing break up for the various tasks to
be performed in order of their occurrence during the project in Microsoft Project/Primavera
24. Water Supply: The contractor shall arrange at his own cost, a suitable supply of potable
water for the construction of the works. The Contractor is required to provide Test
certification of Water quality from approved laboratory to Engineer-in-charge for its approval
prior to its use for Construction Work. All cost related to water supply shall be borne by the
FOR WATER CHARGE (As per City Engineer Note No.386, dtd.30/7/2012)
In case of Municipal Network or distribution center available or not at nearby area-
Contractor has to make his own arrangement for construction work whether from private
boring or tankers. Contractor has to submit test report of water weather it is of good quality for
construction work or not and contractor has to inform about it within 30 days of starting the
work. Contractor shall have to inform in writing in the case of using or making own
arrangement of water for the purpose of this work before starting the work.
If a contractor wants to use Municipal Water, he has to follow procedure within below:
a) Contractor has to apply for water connection by Municipal Licensed plumber in
prescribed form.
b) Contractor has to follow all procedure at his own expenses.
c) According to rule of Surat Municipal Corporation issued bill to contractor for
consumption of water, contractor has to pay it within stipulated time and to submit
one copy of bill and payment receipt to concern department. If contractor fail to pay
the amount of bill/paid receipt, it can be recovered from contractor's bill.
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d) If Municipal Corporation network is not available then Contractor can make
arrangement of water tanker from nearby distribution center after depositing required
e) After completion of work contractor has to cancel the water connection and inform
the concerned department.
f) If the network and distribution center/network are both not available in that case
contractor has to make his own arrangement for good quality construction water and
has to follow option-1.
25. Electricity:
The Contractor is required to make its own arrangement, at its cost, for obtaining electricity
connection. Payment of all costs in this regard will be the responsibility of the contractors. In
case if there is any delay in supply of power at site or any interruption or fault in the power
during the work. No compensation shall be paid for idle labor staff, machineries and for use of
diesel operating sets etc. as the case may be and no extra time limit shall be granted. In case of
failure of the non-payment of power consumption charges, SMC reserves the right to deduct
the same from the RA/ Final Bills of the contractor.
FOR ELECTRICITY CHARGE
The contractor shall make his own arrangement at his cost for electric supply required for
operating various plants and machineries required for the works and for general lighting
purpose for site, office labour colony etc. The energy bills shall also be paid by the contractor.
26. The contractor will be required to arrange for total station survey for carrying out the work
and for measurements wherever needed as per the instruction of the Engineer in-charge. No
extra payment shall be made towards this.
27. Contractor shall have to deploy adequate plant, machinery, manpower, equipment, DG set,
supervisory staff etc. to carry out simultaneous work on all locations.
28. Accident liabilities:
The contractor shall be responsible for all liabilities under workman compensation act, and
other relevant acts as under:
(a) Contractor shall take all necessary safety precautions during execution of work to
avoid any type of accident at project site & plant site. No work shall continue at site in
absence of necessary and adequate safety measures.
(b) Any accidents occurring at project & plant site during the contract period shall be the
sole responsibility of the contractor.
(c) Contractor shall inform the owner regarding any accidents occurring at site within
Executive Engineer
North (Katargam) Zone
Surat Municipal Corporation
Date & Signature of the Contractor
TENDER DOCUMENT SMC
SECTION II (B) – MEMORANDUM
Items Particular Conditions for this Contract
Construction of Cement Concrete Pavement, Allied Works &
Utility Shifting Of 18.00 mt.T.P. Road From Narola Farm To
Dholakia Farm Via Jalaram Chok (F.P. No. 37/1 To 90) In
P.T.P.S. No. 50 (Ved-Katargam) In North Zone (Katargam).
2 Length of the Road Total Length of the Corridor: 0.620 km
Estimated Value of the
• The amount of EMD is Rs. 4,95,000/-.
• 100% in the form of Demand Draft or pay order OR 50% in
the form of Bank Guarantee & 50% In form of Demand Draft
4 Earnest Money Deposit or Pay order of Nationalized/ Scheduled Bank only in favor of
Commissioner, Surat Municipal Corporation, Surat through
enlisted in form 5 Bank to SMC only and payable at Surat
Rs. 6,000/- +18%GST = Rs. 7,080/- In form of Account Payee
5 Tender Fee Demand Draft payable in favour of “The Commissioner, Surat
Municipal Corporation”.
(i) Initial Security Deposit • @ 2% of the Sanctioned Tendered Amount
(ii) Performance security:
6 • @ 2% of the work done amount which will be deducted from
To be deducted from each
each running and final bill.
running bills as
@ 5% of total amount of work done from each interim(running)
@ 5% of total amount of work done from each interim(running)
Deduction of Retention
7 bill, which will be released along with the Final Bill.
Money from each RA Bill
Time allowed for the
completion of work from
8 24 months (Excluding Monsoon)
date fix in a written order
Note: Monsoon period (Equal to 90 days) from 15th June to 15th September will be excluded for
calculating mile stones. It is important to note that not meeting the specified mile stones within
the stipulated time allocated for it shall be considered as “FUNDAMENTAL BREACH OF
CONTRACT” and based on this the work can be terminated by the employer.
9 Tender validity period 120 days from the date of opening of price bid.
1. The Employer is: Surat Municipal Corporation, Mugalisara,
Surat- 395 003, Gujarat.
2. Hard copy submissions shall be submitted to: Chief
Accountant, Surat Municipal Corporation, Mugalisara, Surat-
3. Price Bid shall be submitted online through
https://smctender.nprocure.com before time and date specified
in List of Important Dates.
TENDER DOCUMENT SMC
Milestone of Work
Completion Period in Months
30 days from the date of
Notice to Proceed with works.
60 days from the date of
Milestone of Work Notice to Proceed with works.
Completion (Asper section 240 days from the date of
IV (A) clause 38 of GCC Notice to Proceed with works.
360 days from the date of
Notice to Proceed with works.
600 days from the date of
Notice to Proceed with works.
720days from the date of
Notice to Proceed with works.
Amount of liquidated
12 0.2% of contract price per day of delay
Limit of liquidated
13 10% of sanction tender account
Defect liability period shall be
1. For CEMENT CONCRETE & BITUMINOUS ROAD
WORKS, PAVEMENT QUALITY CONCRETE (PQC) is
60Months from the date of completion of entire project.
2. For FOOTPATH, WALKWAY, PARKING, SEATING
AND CYCLE TRACK WORK12 Months from the date of
completion of entire project.
14 Defect Liability Period 3. For ROAD SIGNAGES, 12 Months from the date of
completion of entire project.
4. For STREET LIGHTING & ELECTRICAL WORKS,
06 Months from the date of completion of entire project.
5. For HORTICULTURE Woks, 06 Months from the date of
completion of entire project
6. For Defected panels of PQC (due to surface cracks or any
other reason as per IRC-15:2012 DLP shall be, 84 Months
from the date of awarding certificate of work completion.
15 Joint Venture/ Consortium Joint Venture/ Consortium is not allowed.
16 Sub-contracting Sub-Contracting work is not allowed.
Variation permitted upto +5% of the sanction tender price/
Whether water charge shall
Contractor shall have to arranged water for execution, curing. etc.
18 have to be paid by the
at his own cost.
Date & Signature of the Contractor
Executive Engineer
North (Katargam) Zone
Surat Municipal Corporation
TENDER DOCUMENT SMC
SECTION III – QUALIFICATION INFORMATION FORMS
Form Number Particulars
1. Letter of Bid
2. General Information
Turnover, Profit and Net worth of last three years from civil construction
contractual activities only duly audited.
4. Summary of similar projects completed in last Seven years
5. Summary of Current Contract Commitments/Works in Progress
6. Details of availability of key personnel
7. Power of Attorney
8. Affidavit on stamp paper stating that Bidder has provided true information
9. Anti-Black listing Information
10. Quantities of work executed during last 7 Years
11 Availability of equipment’s
12 Affidavit for site visit
Date & Signature of the Contractor Executive Engineer
North (Katargam) Zone
Surat Municipal Corporation
TENDER DOCUMENT SMC
(On the letterhead of the bidder)/ (Online only)
Deputy Municipal Commissinor,
On behalf of Surat Municipal Corporation (The Employer)
Subject: With respect to tender for
Construction of Cement Concrete Pavement, Allied Works & Utility Shifting Of 18.00 mt.T.P.
Road From Narola Farm To Dholakia Farm Via Jalaram Chok (F.P. No. 37/1 To 90) In P.T.P.S.
No. 50 (Ved-Katargam) In North Zone (Katargam).
With respect to above mentioned subject, we are pleased to submit the bid. This offer is subject
to all terms and conditions contained in the tender document. We have not made any changes either
directly or indirectly in terms and conditions of the Tender. In additions to terms and conditions of this
tender, we are not given any written or oral promise from the Employer.
The EMD details are as follows:
Amount: Rs. 4,95,000/-, DD No./ Pay Order No/Bank Guarantee No._______________________
Payable at Surat on Bank: ____________________________________
The Tender Fee Draft details are as follows:
Payable at Surat on Bank: ____________________________________
We are pleased to submit the following towards the same.
1) Eligibility and Qualification Submissions, etc. (online)
2) Price bid through e- Tendering. (online)
We are fully aware that the Employer has a right to accept any tender or reject any/ all tenders without
giving any reason and upon rejection of tender/ tenders we shall not be entitled to any right with related
to the Employer.
We have thoroughly read and understand all the terms and conditions of this tender and promise to
observe all the terms and conditions of this tender. We have signed and sealed each and every page of
this tender document.
(Signature and stamp of the Bidder with date)
TENDER DOCUMENT SMC
General Information
All Bidders are required to furnish the information in this format.
1 Type of the Bidder
(Company/Partnership):
2 Name of firm/s
3 Head office address
4 Year of incorporation/ registration
5 Local office address (if any)
6 Telephone & Contact Details of
Concerned person/s with name & position
7 Email address
8 Place of incorporation/ registration
9 Main field of business
All Bidders are required to furnish the documents such as MOA, AOA, Partnership Deed, Sales
tax registration, GST Number, Factory and Shop & Establishment registration as may be
(Signature and stamp of the Authorized signatory of Bidder with date)
TENDER DOCUMENT SMC
Turnover, Profit and Net worth of last three years from civil construction contractual
activities only duly audited.
Name of Bidder:
A Annual Turnover
All Bidders individually must complete the information in this form. The information supplied shall be
the annual turnover of the Bidder in term of the amounts billed to clients for each year for work in
progress or completed.
Annual turnover for the following years
Year Turnover (in Rs.)
Average of last 5years
(Such turnover certificate as certified by Statutory Auditor/ Registered Chartered Accountant shall have to be
B Profit and Net worth
Year Profit (in Rs.) Net worth (in Rs.) *
Net worth*: = Equity Capital + Reserve and Surplus - Revaluation Reserve - Accumulated losses - Intangible
(Above statement /certificate as certified by Statutory Auditor/ Registered Chartered Accountant shall have to be
(Seal and Signature of Statutory Auditor / Registered Chartered Accountant with Registration
(Also provide front page copies of audited financial statements for last three years)
TENDER DOCUMENT SMC
Summary of Similar nature of projects (as defined in clause 4.1(b) of ITB) completed in
last seven years.
(2019-20 to 2025-26 and till date)
Bidders shall provide information on such similar projects executed during last 7 years in the form of a
table as given below:
Name of Bidder:
Name of Name of Name of Contract % of Total Actual Actual Evidence
Employer contract, consulting amount participation Value of date date of provided
location Engineer or in Indian of company work of work from
and agency Rupees& in the project completed start completion client
nature responsible date of if project is and of (Form
of their for contract completed as certified in work 3A, etc.)
work supervision Prime Indian
Contractor of Rupees
Bidder shall provide evidences in terms of Work Orders & project completion certificates from client
for all mentioned projects from clients.
TENDER DOCUMENT SMC
Summary of Current Contract Commitments/ Works in Progress& possible future
prospects of work in which bided
Bidders must provide information on its current commitments on all similar civil contracts that have
been awarded or for which a letter of intent or acceptance has been received, or for contracts
approaching completion, but for which full completion certificate has yet to be issued.
of Name of participation
Contract of work
contrac consulting of company Evidenc
amount comple Actual
Name of t Engineer or in the project Actual date e
in Indian ted and date of
Employe locatio agency if project is of work provide
Rupees certifie start
r n and responsible completed as completion d from
& date of d in works
nature for Lead member client
contract Indian
of their supervision of Joint
Bidder shall provide evidences in terms of Work Orders, Letter of Acceptance, etc. for all such projects
mentioned in the table. If the work has to be carried out under Joint Venture, the share of each Joint Venture
partner has to be indicated.
Work completed Performa for declaration regarding works on hand with the tenderer:
Name Date of Brief
Sr. Stipulated previous Remaining/ Name Litigation Document
of work Tender issue of details of
period of month to outstanding of /dispute if supporting
No. with Cost work delay, if
completion the commitments Client any the details
place order any
ALL PROJECTS BIDDED LIST OF PROJECTS BIDDED BUT NOT AWARDED.
Employer Consultant Location and Expected Staff Position in
of Supervising, description of Percentage part Date of bid date of connected on Bid if
Employer if any Company award the project known
NOTE: - A Certificate from Qualified Chartered Accountant shall be attached.
TENDER DOCUMENT SMC
Details of Project Manager and Key Personnel
Name of Work: Construction of Cement Concrete Pavement, Allied Works & Utility Shifting
Of 18.00 mt.T.P. Road From Narola Farm To Dholakia Farm Via Jalaram Chok (F.P. No.
37/1 To 90) In P.T.P.S. No. 50 (Ved-Katargam) In North Zone (Katargam).
The Bidder shall provide the details and information of availability of key personnel in table
provided below. (See Clause 4.1 (e) of Instructions to Bidders section):
Name of the Exp. in / Skill
Sr. No. Designation Qualifications Total Experience
Employee set work
Bidder is also required to provide the CVs along with qualification certificates of all personnel
as mentioned in the table above in the following format:
2 Qualification
Project details on which Name of the Project:
3 personnel has working Details of the Project:
experience Tenure for which the personnel worked on that Project:
Any other important
5 Signature of the personnel
TENDER DOCUMENT SMC
Power of Attorney
(On a Stamp Paper of appropriate value also notarized)
(Applicable in case of bid not being signed by the person directly authorized by the firm)
Deputy Municipal Commissinor,
Surat Municipal Corporation, Surat.
REF: Your Tender Ref.: <Name of the tender, tender no., Issue date, etc.>
<Bidder’s name> hereby authorizes <Designated Representative’s name> to act as a representative of
<Bidder’s name> for the following activities vide its Board Resolution/ Power of Attorney attached
To attend all meetings with Surat Municipal Corporation or other entities associated with tender for
“Construction of Cement Concrete Pavement, Allied Works & Utility Shifting Of 18.00 mt.T.P. Road
From Narola Farm To Dholakia Farm Via Jalaram Chok (F.P. No. 37/1 To 90) In P.T.P.S. No. 50 (Ved-
Katargam) In North Zone (Katargam)” and to discuss, negotiate, finalize and sign any bid or agreement
and subsequent Contract.
Yours faithfully,
<Signature of appropriate authority of the Bidder >Name of
appropriate authority of the Bidder:
<Signature and name of the Designated Representative of the Bidder for acceptance of this Power of
<Name of Bidder >
Encl: Board Authorization
TENDER DOCUMENT SMC
(On a Non-Judicial Stamp Paper of Rs.300/-)
(To be provided by Bidder)
It is certified that the information furnished here in and as per the document submitted is true and
correct and nothing has been concealed or tampered with. We have gone through all the conditions of
tender and are liable to any punitive action for furnishing false information/ documents.
Dated this ____ day of _______
In the capacity of duly authorized to sign bids for and on behalf of:
To be signed by:
Authorized Signatory with name and designation
TENDER DOCUMENT SMC
Anti-Blacklisting Certificate
(On a 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
To be signed by:
Authorized Signatory with name & designation
Name of the Bidder
TENDER DOCUMENT SMC
Quantities of work executed from F.Y. 2019-20 to till last date previous
month in which of online tender is invited(Clause 4.1 (b1))
Name of the Bidder:
Name of Name of
Year Quantity of work performed in Cum Remarks
PQC work using Concrete work Indicate
Bituminous (Cum)
Slip Formwork contract
NB: Bidders are required to submit supporting documents such as client certificates, not less than
Executive Engineer, as evidence for each work and quantity mentioned as above.
Sign and Seal of the Bidder.
TENDER DOCUMENT SMC
Availability of Equipment’s (Clause 4.1 (h))
Item of equipment Tender Requirement Availability with Bidder
Requirement Capacity Actual Owned,
Number Quantity Leased or
provided Actual procured or to
Capacity be procured Remarks
For Cement Concrete Road work
Fully Automatic Concrete 1 60 cum/hr
Batching or above
Concrete Transit mixer
Concrete Slip form paver 1 3 to 5m
finisher with electronic sensor wide
with texturizing & curing
compound sprayer unit.
Screed vibrators 2 -
Needle vibrator 2 60 mm
Diamond cutter 2 -
Vibratory Road Roller 2 8 to 10 MT
Tandem Roller 2 8 to 10 MT
Pneumatic Tyred Road Roller 1 10-12 MT
Tipper or dumpers 5 7 cum
For Bituminous Road work
Disc Harrowing and/or 1 Nos. -
Grader 1 Nos. -
1 Nos. 100 TPH or
Sensor paver finisher 1 Nos.
1 Nos. 80 TPH or
Hot mix Asphalt Plant
Mechanical 1 Nos. -
Bitumen/Emulsion sprayer
Truck/Hywa/MTV 07 Nos. 7 Cum.
Integrated manual machine 1 Nos. -
with cylinder for thermoplast
Plate Vibrator 1 Nos. 3 to 5 Ton
(Also see List of Essential Equipment’s for Cement Concrete/Bituminous Road works in Clause 4.1 (h))
TENDER DOCUMENT SMC
AFFIDAVIT FOR SITE VISIT
(On Rs300/- non- judicial stamp paper)
To………………… (Name and address of the Contractor).
I hereby assure that, I/my authorized representative have visited and examined the site fully and have
considered all the parameters including visible/hidden hindrances which may or may not be affect
quoting of bid as well as execution.
Yours faithfully,
Authorized Signature
Name and Title of Signatory
Name of Agency.
TENDER DOCUMENT SMC
SECTION IV (A)-GENERAL CONDITIONS OF CONTRACT
Table of Contents
A. General B. Time Control
1. Definitions 38. Progress Schedule
2. Interpretation 39.Approval by the Engineer for Temporary Works
3. Scope of Work 40. Extension of the Intended Completion Date
4. Language and Law 41. Delays Ordered by the Engineer
5. Engineer’s Decision 42. Management Meetings
6. Delegation 43.Liquidated Damages
7. Communication C. Quality Control
8. Joint Venture 44. Accuracy
9. Assignment 45. Works to be under direction of Employer
10. Sub-letting 46. Quality Checks Register
11. Documents mutually explanatory and
47. Identifying Defects
12.Subcontracting 48. Tests
49. Correction of defects or unsatisfactory &poor-
13.Programme of works
14. Disposal of surplus excavated materials D. Cost Control
15.Patented devices, materials and processes 50. Bills of Quantities
16. Trespass 51. Variations in Quantities
17. Police protection 52. Payment for Variations
18.Office set up at the site 53. Payment Certificates and Payment
19.Obligations of Contractor 54. Tax
19.1 General Obligations of Contractor 55. Currencies
19.2 Cooperation with Other Contractors 56. Retention
19.3 No Advertisement on Corridor by
57. Performance Security
19.4 Employment of competent Personnel 58. Price Escalation
19.5 Contractor to carry out the Works 59. Cost of Repairs
60. Events Leading to Extension of Intended
19.6 Electricity, Water and other services
Completion Date
19.7 The Works to be completed by the
61. Damages by storms, fire, rain or accidents.
Intended Completion Date
19.8Safety 62. Cooperation with other construction agencies.
19.9Liability in case of Damage done in
surrounding areas
19.10 Obligations regarding labour laws E. Finishing the Contract
19.11 Contractor to Execute the Works 64. Completion Certificate/ Final Certificate
TENDER DOCUMENT SMC
19.12 Obligations relating to Ownership of
64.1Test on Completion
Contractor Company
19.13 Contractor’s Risk 64.2 Completion Certificate
19.14 Approval of temporary work 64.3 Rescheduling of Tests
20. Obligations of Employer 64.4 Clearance of Site
21. Liability of accidents to persons 64.5 Taking Over
22. Residential accommodation and sanitary
and medical arrangements to be provided to the 65.Defect Liability Period
labours employed by the contractor.
23. Change in prices, rates, wages & taxes etc. 66. Remedy of Defects or Poor-Quality Work During
Subsequent to the acceptance of the tender. the Defect Liability Period
24. Permitslicenses, priorities, certificates etc. 67. Vandalism
25.Insurance during the Construction Period
68. Certificate of Performance
and Defect Liability Period
25.1 Application of Insurance Proceeds 69. Maintenance during Defect Liability Period
25.2 Validity of the Insurance Cover 70. Maintenance Manual and Drawings
26. Discoveries 71. Final Account
27. Possession of the Site 72. Termination in Event of Default of Contractor
28. Supervision of Works 73. Termination in Event of Default of Employer
29. Instructions and Actions where no
74. Termination Payment for Event of Default
30. Dispute Redressal System 75. Property
31.Claim for compensation for delay in the
starting of work
32.Claim for compensation for delay in the
77.Force Majeure
execution of work
33. Entering Upon and Commencement of work 78. Survival
79. No Refund of quarry fees and royalties
34. Fair Wages to Contractor’s workers
80 Construction and Demolition Waste (C & D
35 Severability and Waiver
36. Representation and Warranties of
37. Representation and Warranties of Employer 81. Cement, steel & other materials (Schedule A)
82. Litigations History (Schedule B)
Executive Engineer
North (Katargam) Zone
Date & Signature of the Contractor Surat Municipal Corporation
TENDER DOCUMENT SMC
(Terms which are defined in the Technical Specifications are not defined in the Conditions of Contract
but have their defined meanings. Capital initials are used to identify defined terms.)
1.1. Accounting Year means the financial year commencing from the first day of April of any
calendar year and ending on the thirty-first day of March of the next calendar year.
1.2. Applicable Laws means all statutes and laws promulgated or brought into force and effect by
the Central Government of India or any State Government(s) or Local Government(s),
including regulations and rules made by them, and judgments, decrees, injunctions, writs and
orders of any court of record, as may be in force and effect during the subsistence of this
Agreement or Contract.
1.3. Applicable Permits means all clearances, permits, authorizations, consents and approvals
required to be obtained or maintained under Applicable Laws in connection with the
constructions, operations and maintenance of the Works/Project during the subsistence of this
1.4. Bid shall mean all necessary submission pursuant to Eligibility and Qualification requirement
as per the Tender document (hereunder called “Eligibility and Qualification Submission”),
Technical Bid and Price Bid submission Online through www.smctender.nprocure.com. Bid
shall be submitted in three parts i.e., “Eligibility and Qualification Submission” submitted
online. Technical Bid and Price Bid shall be submitted online as per tender requirement.
1.5. Bill of Quantities means the priced and completed Bill of Quantities as specified in Section VI
of this Tender and forming part of the Bid.
1.6. Completion Date is the date of completion of the Works as certified by the Engineer and
Completion Certificate issued in accordance with Clause 64.2 of General Conditions of
1.7. Completion Period shall be 24 (Twenty-four )months(excluding monsoon months) from date
of issue of Notice of Award.
1.8. Contract or Agreement is the Contract between the Employer and the Contractor to execute,
complete, and maintain the Works. It consists of the documents listed in Clause 2.2 of General
Conditions of Contract.
1.9. Contractor is a person or corporate body whose Bid to carry out the Works, including routine
maintenance, has been accepted by the Employer.
1.10. Contractor's Bid is the completed bidding document submitted by the Contractor to the
1.11. Contract Price/Bid Price is the price stated in the Letter of Acceptance and thereafter as
adjusted in accordance with the provisions of the Contract.
1.12. Contract Period shall start from the date of issue of Notice to Proceed and end at end of Defect
Liability Period.
1.13. Days are calendar days; months are calendar months.
1.14. Defect is any part of the Works not completed in accordance with the Contract.
1.15. Defects Liability Period: The Defect Liability Period for Cement Concrete Road, Bituminous
Road Work, Pavement Quality Concrete (PQC)is 60 months and for footpath, walkway,
parking, seating and Cycle Track Work 12 months and for road signages 12 Months and for
street lighting & electrical works and Horticulture 06 months and for remaining work specified
in BOQ will be 12 Months from the date of completion of entire project and Defect Liability
TENDER DOCUMENT SMC
Period for defected panels of PQC is 84 months from date of awarding certificate of work
1.16. Drawings include drawing specified in section VIII and calculations and other information
provided or approved by the Engineer for the execution of the Contract.
1.17. Estimated Project Cost means Engineer’s estimates of value of Works as specified in point 1 of
Invitation for Bidder (IFB) section.
1.18. Eligibility and Qualification Submissions is defined in clause no 12 of Instruction to Bidder
section. It comprises all necessary PQ supporting documents specified in clause 4.2 of ITB,
Tender Fee and EMD as per relevant clauses of ITB and addenda, corrigendum if any.
Eligibility and Qualification Submission shall be submitted physically dully signed before the
time, mode, address and place specified in Tender Notice.
1.19. Employer is the party (Surat Municipal Corporation or SMC), who employs the Contractor to
carry out the Works, including routine maintenance during the Defect Liability Period,
Employer, may delegate any or all functions to a person or body nominated by him for
specified functions.
1.20. The Engineer is the Executive Engineer or Construction Supervision Consultant as appointed
by the Employer (or any other competent person appointed by the Employer and notified to the
Contractor, to act in replacement of the Engineer) who is responsible for supervising the
execution of the Works and administering the Contract. He is also known as Engineer in
Charge or Engineer-in-Charge.
1.21. Engineer In Charge: The “Engineer in charge” or the “Engineer” shall mean the technical
person designated as such by the owner from time to time and shall include those who are
expressly authorized by the Surat Municipal Corporation to act for and in its behalf for the
operation of this contract viz, Executive Engineer of concerned department/Zone.
1.22. Equipment is the Contractor's machinery and vehicles brought temporarily to the Site to
construct the Works.
1.23. Force Majeure Event shall have the meaning set forth in Clause 77 of this GCC.
1.24. Good Industry Practice shall mean the exercise of that degree of skill, diligence, prudence and
foresight in compliance with the undertakings and obligations under this Contract which would
reasonably and ordinarily be expected of a skilled and an experienced person engaged in the
implementation, operation and maintenance or supervision or monitoring thereof of any of them
of a project similar to that of the Project.
1.25. Initial Contract Price is the Contract Price listed in the Employer's Letter of Acceptance.
1.26. Intended Completion Date is the date on which it is intended that the Contractor shall complete
the Works. The Intended Completion date shall be 24 months (excluding monsoon) from the
date of issue of Notice to Proceed. The Intended Completion Date may be revised only by the
Road Department Engineer by issuing an extension of time after approval from respected
Municipal Commissioner.
1.27. Materials are all supplies, including consumables, used by the Contractor for incorporation in
1.28. Material Adverse Effect means any act or event of either Party which causes a material
financial burden or loss to the counter party.
1.29. Parties shall mean the parties to this Agreement and “Party” shall mean either of them, as the
context may admit or require.
1.30. Performance Certificate is the certificate issued by Engineer, after the Defect Liability Period
has ended and upon correction of Defects by the Contractor to the satisfaction of Engineer.
TENDER DOCUMENT SMC
1.31. Plant is any integral part of the Works that shall have a mechanical, electrical, electronic,
chemical, or biological function as may be required for execution of this Contract.
1.32. Routine Maintenance is the maintenance of corridors for the Defect Liability Period.
1.33. Site/ Project Site is the area defined in which project is executed.
1.34. Site Investigation Reports are those that were included in the bidding documents and are reports
about the surface and subsurface conditions at the Site.
1.35. Start Date the start date shall be from 10th day of date of issue of notice to proceed with the
work and possession of site given to the Contractor.
1.36. Sub-Contractor is a person or corporate body who has a Contract with the Contractor to carry
out a part of the construction work in the Contract, which includes work on the Site.
1.37. Dully filled and signed copies of form no 1 to 12 specified in section III of ITB shall be
submitted online along the Eligibility and Qualification Submissions.
1.38. Technical Specifications means the Specifications of the Works as mentioned in Section V and
included in the Contract and any modification or addition made or approved by the Engineer.
1.39. The Owner/Employer shall mean Surat Municipal Corporation, Surat represented by Municipal
Commissioner/City Engineer/Add. City Engineer or any officer authorized by the Surat
Municipal Corporation.
1.40. Termination shall mean early termination of this Agreement pursuant to Termination Notice or
otherwise in accordance with the provisions of this Agreement but shall not, unless the context
otherwise requires, include expiry of this Agreement due to efflux of time in the normal course.
1.41. Termination Date shall mean the date specified in the Termination Notice or Notice of
Termination as the date on which Termination occurs.
1.42. Termination Notice means communication issued in accordance with this Agreement by one
Party to the other Party terminating this Agreement.
1.43. Temporary Works are works designed, constructed, installed and removed by the Contractor
that are needed for construction or installation of the Works.
1.44. Quantity Variation means difference in quantities of items from estimated and actual, which is
required to complete the Works as per the Technical Specification.
1.45. Vandalism means destroying or damaging project property, deliberately and for no good reason
by the persons other than the employee or Contractor.
1.46. Works or Project is defined as the scope of works defined in clause 1 of Instructions to Bidders
and clause 3 of GCC or elsewhere specified in these Bidding documents, which contractors
shall be required to perform.
2 Interpretation
2.1 In interpreting these Conditions of Contract, singular also means plural, male also means female
or neuter, and the other way around. Headings have no significance. Words have their normal
meaning under the language of the Contract unless specifically defined. The Engineer will
provide instructions clarifying queries about these Conditions of Contract.
2.2 The following documents shall be deemed to form and be read and construed as part of
Agreement/Contract, and shall be interpreted in the following order of priority:
i. Agreement signed between two parties
ii. Any correspondence between the two parties that the signatories have agreed to include
as part of the Agreement for validating and clarifying any points in the Agreement, or
by way of revised or improved understanding of any terms of the Agreement
iii. Notice to Proceed with the Work.
TENDER DOCUMENT SMC
iv. Letter of Acceptance.
v. Special Conditions of Contract
vi. General Conditions of Contract and any other terms specified elsewhere in the Tender.
vii. Technical Specifications as mentioned in this tender document. &MoRT&H
viii. Technical Specifications - Revised Clauses
ix. Technical Specifications - Additional Special Specifications.
x. Scope of work
xi. Performance Security
xiii. Bill of Quantities.
xiv. Contractor's Bid.
xv. Any modification/amendments issued by Employer prior to bid submission date.
It is clarified that in case of conflict between the documents mentioned above, the detailed terms
specified in the Agreement, the Agreement shall have over-riding effect.
2.3 Priority of Contract Documents
In case of any ambiguities or discrepancies, the priority shall be as under:
a) Letter of Acceptance
b) Priced Bill of Quantities, Correspondence after submitting bid and before letter of
acceptance/ modification/ addenda.
c) Additional Technical Specifications.
d) Technical Specifications revised clauses of MoRT&H
e) Technical Specifications Clause MoRT&H
g) Special Conditions of Contract; contract data.
h) General Conditions of Contract
i) Additional/General Conditions of Contract
3 Scope of Work
The Scope of the Work of this Project shall mean and includes followings.
a) “Construction of Cement Concrete Pavement, Allied Works & Utility Shifting Of
mt.T.P. Road From Narola Farm To Dholakia Farm Via Jalaram Chok (F.P. No. 37/1 To 90) In
P.T.P.S. No. 50 (Ved-Katargam) In North Zone (Katargam).” for Surat City as specified in
clause 1 of ITB and as per Technical Specifications specified in section V, BOQs specified in
section VI, Drawing specified in section VIII.
b) Regular Maintenance of the Project as per Tender terms and MoRT&H
c) Performance and fulfillment of all obligations of the Contractors in accordance with the
provisions of Contract Conditions and matters incidental thereto or necessary for the
performance of any or all of the obligations of the Contractor under this Contract.
4 Language and Law
The language of the Contract documents is English and the law, which applies to the Contract, is
the law of Union of India and applicable State laws of Gujarat State.
TENDER DOCUMENT SMC
5 Engineer – In-charge
5.1 Authority of the Engineer-in-charge:
Save in so, as it is legally or physically impossible, the contractor shall execute, complete and
maintain the works in strict accordance with the contract under the directions and to the entire
satisfaction of the Owner/Employer / Engineer-in-charge and shall comply with and adhere strictly
to the Owner/Employer/Engineer-in-charge’s instructions and directions on any matter (whether
mentioned in the contract or not).
Subject to overall control of Owner/Employer / Engineer-in-charge, he shall decide all issues
which may arise as to quality and acceptability of materials furnished and work executed, manner
of execution, rate of progress of the works, interpretation of the plans and specifications and
acceptable fulfillment of the contract on the part of the contractor etc. He shall determine the
amount and quality of work performed and materials furnished and his decision and measurements
shall be final. In all such matters and in any technical questions which may arise touching the
contract, his decision shall be binding on the contractor.
The Owner/Employer / Engineer-in-charge shall have the power to force such decisions and orders
if the contractor fails to carry them out promptly. If the contractor fails to execute work ordered by
the Owner/Employer / Engineer-in-charge, he may give notice to the contractor specifying a
reasonable period therein and on the expiry of that period, proceed to execute such work as may be
deemed necessary and recover the cost thereof from the contractor.
The Engineer-in-charge shall have no authority to alter or waive the provision of plans and
estimates and specifications. He shall however have the authority to inform the contractor in
writing to replace any materials considered defective and to suspend, re-do or rectify any work
improperly performed or not according to plans and estimates or specifications in his judgment and
the contractor shall comply with all these requirements forthwith.
5.2 Authorized Representative of Engineer-in-charge:
The owner may employ supervision consultants who will act in the capacity of authorized
representative of the Engineer–in-Charge. The supervision consultants will be responsible for
day-to-day supervision of works, to test and examine any materials to be used or workmanship
employed to ensure that the works are performed in conformity with the plans, estimates and
specifications in all respects and to keep the Engineer-in-charge informed as to the progress of
the works and the manner in which they are done. The powers which may be delegated to the
supervision consultants by the Owner/Employer shall be binding on the contractor.
5.3 Limitations of Engineer-in-charge and his Representative:
Failure of the Owner/Employer’s supervision consultant to disapprove any work or materials
shall not prejudice the power of the Engineer-in-charge thereafter to disapprove such work or
materials or to order pulling down, removal or breaking up thereof. If the contractor shall be dis-
satisfied by any reason on decision of the Engineer-in-charge or his representative, he shall be
entitled to refer the matter to the higher authority in Owner/Employer who shall there upon
confirm reverse or vary such decision, if considered necessary in terms of contract conditions.
5.4 Except where otherwise specifically stated, the Engineer-in-charge will decide contractual matters
between the Employer and the Contractor in the role representing the Employer.
However, if the Engineer is required under the rules and regulations and orders of the Employer
to obtain approval of some other authorities for specific actions, he will so obtain the approval.
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5.5 Except as expressly stated in the Contract, the Engineer shall not have any authority to relieve the
Contractor of any of his obligations under the contract.
The Engineer, with the approval of the Employer, may delegate any of his duties and
responsibilities to other people, after notifying the Contractor, and may cancel any delegation after
notifying the Contractor.
7 Communications
Communications between parties that are referred to in the Conditions shall be effective only when
in writing. A notice shall be effective only when it is delivered.
8 Joint Ventures
8.1 Consortium/Joint Venture is not allowed to participate in Bid. The Contract shall be terminated if
Single Contractor forms Joint Venture/Consortium after award of Work.
The contractor shall not assign, transfer or otherwise dispose of the contract or any part or share
thereof, in respect of any right, title, benefit or interest thereof or there under, No installment or
other sum of money become payable under the contract shall be payable to any person other than
the contractor, unless the written consent of the Engineer-in-charge to the assignment or transfer of
such money to such person, be produced when such payment is claimed as due.
The contractor shall not sublet the whole or part of the works except where otherwise provided by
the contractor for any part of the works, with the written consent of the client. Notwithstanding
such consent, the contractor shall not be relieved of any of his liabilities or obligations under the
contract. The contractor will stand responsible for all the acts, defaults, and neglects, if any, by
such sub-contractor, his agents, servants or workmen as if they were the acts, defaults and neglects
of the contractor himself. It is provided always that the provision of labour on a piece work basis
shall not be deemed to be a subletting under this clause.
When asking for consent from the client, the contractor shall submit names of sub-contractors and
of the actual makers in case the sub-contractors are not the actual makers. If and when the client
has consented in writing, the contractor shall send two copies of the sub-contract to the engineer-
The sublet order shall contain all necessary information given in the specifications of the contract
to enable the sub-contractor supply the materials or execute the work in accordance therewith and
adhere to the time in which the sub-contractor is to procure the materials and complete the works.
11 Documents mutually explanatory and complementary:
The several documents forming the contract are essential part of the contract and a requirement
occurring in one is as binding as though occurring in all. They are intended to be mutually
explanatory and complementary and to describe and provide for a complete work.
In the event of any discrepancy between the several documents forming the contract in any one
document, the following order of precedence shall apply for dimensions and quantities of
ii) Bill of Quantities.
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iii) Broad specifications given in the tender, on drawings.
Figured dimensions, unless obviously incorrect, will be followed in performance to scaled
dimensions for description of Works:
iv) Bill of Quantities.
vi) Broad specifications given in the tender
In case of defective description or ambiguity, the Engineer-in-charge shall issue further
instructions directing in what manner the work is to be carried out, it being understood that the best
modern practice is to be followed and the contractor shall forthwith comply with such instructions
without any extra cost.
The contractor shall take no advantage of any apparent error or omission in drawings or
specifications or in Bill of Quantities and the Engineer-in-charge shall be permitted to make such
corrections and interpretations as necessary to fulfill the intent of the plans and specifications.
12 Subcontracting
12.1 The contractor cannot subcontract the whole or any part of the work assigned to him under the
13 Programme of works:
The contractor shall furnish a detail programme of work with detail scheduling and planning of all
activities, and cash flow chart in writing for approval of the Owner/Employer / Engineer-in-charge,
within 14 days after the work order to commence execution of the work contract is given and
wherever required thereafter, a programme of construction and no change shall be made, except
with the approval of or at the instance of the Owner/Employer / Engineer-in-charge.
The approval of a programme shall not relieve the contractor of any of his duties and
responsibilities under the contract. The adoption of any modification in the programme required by
the Owner/Employer/Engineer-in-charge to make good deficiency in progress shall not entitle the
contractor to any extra payments etc.
14 Disposal of Surplus Excavation Materials:
Surplus material, which in the opinion of the Engineer cannot be used in the works, shall be
removed from site by the Contractor and disposed off at all lead and lifts. The Contractor will
locate the place for disposal of surplus material, SMC will not make available the place for
disposal of material and no claim will be entertained on that account, surplus material in the
opinion of Engineer-In-Charge will be the properties of contractor.
Engineer in charge may instruct the contractor to stack some useful materials to be utilized either
in monsoon period or at some specific locations at required and affected spots.
After completion and consolidation, if any shortfall of earth is found then contractor has to bring
the same to the required quantity of required quality in order to meet short fall at his / their own
cost. Moreover, if any settlement of road after reinstatement is observed during the defect liability
period of work, the contractor shall be fully responsible for the defective work and
patches/depressions/ settlements shall be repaired to be good so original at the contractor’s own
cost. If contractor fails to repair the patches/depressions/settlements in time, corporation will repair
it at all risk & cost of contractor.
15 Patented Devices, materials and Processes:
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Whenever the contractor desires to use any design device, drawing information’s, materials or
process covered by a patent or copyright, he shall procure the rights for such use by suitable legal
agreement with the patentee or owner at his own expenses and a copy of the agreement shall be
filed with the Engineer-in-charge.
The contractor shall indemnify the Owner/Employer from and against all claims, proceedings
damages, costs and expenses which may be brought or made against the Owner/Employer or to
which they may be put by reason of the contract infringing or being held to have infringed any
patent rights or copyright in relation to any design, device drawing, materials or process at any
time during the prosecution or after the completion of the work and in the event of any injunction
being obtained against the use of the same, the contractor shall replace the same with other
materials design, drawing, device, process etc. which do not infringe any such patent right or copy
right, to the satisfaction of the Engineer-in-charge.
The contractor shall at all times be responsible for any damages due to trespass committed by his
agents and work people in carrying out the work, unless authorized by the Engineer-in-charge in
writing in which case, all repair work shall be done by the contractor at his own cost to restore the
original condition.
17 Police protection:
If the police are asked for by the contractor for special protection of his camp of work, the
SMC/Employer may issue recommendation letter for such protection so far as possible with the
authorities concerned and the full cost of such protection shall be paid by the contractor directly to
the concerned police station.
18 Office set up at site:
The Contractor has to set up a site office at a centrally located area making it accessible from all
the work area, which shall be mutually agreed upon with SMC/Employer. The office shall have
computer facilities with printers and Internet connection for Email Correspondence ensuring faster
communication. The contractor should also have Digital Camera with Data Transfer capabilities at
the site. The contractor shall take photographs& videography of site prior to commencement of
work, during construction and after completion of work as suggested and shall submit the
photographs in soft and hard copies to SMC. The Contractor is also required to provide office
space for Project Management Consultant/ Employer’s representative as directed by Engineer In
19 Obligations of the Contractor
19.1 General Obligations of Contractor
a) Subject to and terms and conditions of this Contract, the Contractor at its cost and expense shall
undertake survey, engineering, procurement, construction and maintenance of the Project and
fulfill, comply with all obligations set out in the Contract Conditions, Scope of Work, Technical
Specifications and Drawings.
b) Comply with applicable laws and permits in performance of its obligations during Construction
and Maintenance Period.
c) Performance of all obligations under this Contract in accordance with the Good Industry Practice
and as a reasonable and prudent person.
d) The Contractor shall remedy all loss or damage to the Project or Material to be incorporated in
the Project from the Start Date till the end of the Defect Liability Period at Contractor’s cost if
such loss or damage is attributable to the Contractor’s acts or omissions.
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e) Make efforts to maintain harmony and good industrial relations among the personnel employed
in connection with the performance of the Contractor’s obligations under this Contract.
f) Contractor shall not do or omit to do any act, deed or thing which may in any manner be violate
any of the provisions of the Contract/Agreement.
g) Contractor shall support, cooperate with and facilitate the Employer in the implementation and
operation of the Project in accordance with the provisions of this Contract.
h) The Contractor should take up the Works as decided by the Engineer to ensure there is least
hindrance to the smooth flow of traffic including movement of vehicles and equipment of other
Contractors till the completion of the Works.
i) Contractor shall take insurance policies of Works, Plant& Materials, its employees and Third-
party insurance as per the provision of this Contract.
j) The Contractors shall also give a list of machineries in his possession and that he proposes to use
exclusively for this the work.
k) The Contractor is responsible for safety of its people deployed on Project. He shall have to
arrange for the supply of gumboots, hand gloves, mask, safety helmets etc. invariably to the
laborers/workers engaged by the contractor on work.
l) The Contractor shall have to deploy adequate plant, machinery, manpower, equipment, DG set,
supervisory staff etc. to carry out simultaneous work on all locations.
m) The Contractor shall deploy adequate and good quality of equipment’s required for maintenance.
It also has to abide by the directions of the Engineer during the work.
n) The Contractor shall not have any legal rights on the Site and the Contractor is required to use
Project site to carry out the Project Works only.
o) No waiving of legal rights and powers:
The Owner/Employer shall not be precluded or stopped by any measurement, estimates or
certificate made either before or after the completion and acceptance of the work and payment
therefore, from showing the true amount and character of the work performed and materials
furnished by the contractor and from showing that any measurement, estimate or certificate is
untrue or incorrectly made, and that the Owner/Employer shall not be precluded or stopped from
recovering from the contractor such damages as it may sustain by reason of his failure to comply
with the terms of the contract. Neither the acceptance by the Owner/Employer or any
representative of the Owner/Employer nor any payment for or acceptance of the whole or any
part of the work nor any extension of time nor any possession taken by the Owner/Employer
shall operate as a waiver of any portion of the contractor any power herein reserved or of any
right to damages. A waiver of any breach of the contract shall not be held to be a waiver of any
other or subsequent breach.
p) The Contractor is required to provide the colour photograph with necessary drawing displaying
the date and time of Completed Work along with the Bill as and when demanded by Engineer In-
19.2 Cooperation with Other Contractors
The Contractor shall cooperate or provide any facilities and share the Site with other
Contractors, public authorities, utilities and the Employer, if Employer so demands or as
referred in Technical Specifications.
19.3 No Advertisement shall be done by the Contractor
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Project or any part thereof shall not be used in any manner to advertise any commercial
product or services by Contractor. It is agreed that Contractor can only display diversion or
safety related displays during the execution of Works only.
19.4 Employment of competent Personnel
a) The Contractor shall employ competent technical personnel or other technical persons approved
by the Engineer for the construction work and maintenance works of the Project. The Engineer
will approve any proposed replacement of technical personnel only if their relevant qualifications
and abilities are substantially equal to or better than existing competent technical personnel.
Inability to depute proper staff (technical & non-technical) will attract penalty as felt suitable to
engineer in charge.
b) If the Engineer-in-charge asks the Contractor to remove a person who is a member of the
Contractor's staff or work force, stating the reasons, the Contractor shall ensure that the person
leaves the Site within seven days and has no further connection with the Works in the Contract.
c) The Contractor shall not employ any retired officer who has worked in the Engineering
Department of the Surat Municipal Corporation and has either not completed two years after the
date of retirement or has not obtained Surat Municipal Corporation’s permission to employment
with the Contractor.
19.5 Contractor to carry out the Works
a) The Contractor shall carry out engineering, survey, construction, repair and maintain the Works
in accordance with the Technical Specifications, Scope of Work, Drawings and Good Industry
Practice at Project Site as per the direction of Engineer-in -charge. Any breach or deviation from
the Technical Specifications, quality, and Safety aspects leads to Damages and Penalties. The
Damages and Penalties shall be commensurate with the type and nature of the Default or breach.
The deviation from the Technical Specifications shall only be permitted to the extent permitted
by the Engineer.
b) Contractor shall bear full risk in and take full responsibility for the care of the Works/Project and
Materials, equipment’s for incorporation therein from Start Date until the end of Defect Liability
Period except to the extent that any loss of or damage to the same shall arise out of any default or
neglect of Employer.
19.6 Electricity, Water and other services
a) Water Supply: The contractor shall arrange at his own cost, a suitable supply of potable water for
the construction of the works. The Contractor is required to provide Test certification of Water
quality from approved laboratory to Engineer for its approval Prior to its use for Construction
Work. All cost related to water supply shall be borne by the Contractor.
b) Electricity: The Contractor is required to make its own arrangement, at its cost, for obtaining
electricity connection. Payment of all costs in this regard will be the responsibility of the
contractors. In case if there is any delay in supply of power at site or any interruption or fault in
the power during the work, no compensation shall be paid for idle labour staff, machineries and
for use of diesel operating sets etc. as the case may be and no extra time limit shall be granted. In
case of failure of the non-payment of power consumption charges, SMC reserves the right to
deduct the same from the RA/ Final Bills of the contractor.
c) The contractor will be required to arrange for total station survey for carrying out the work and
for measurements wherever needed as per the instructions of the Engineer-in-Charge. No extra
payment shall be made towards this.
d) Contractor will be required to establish a laboratory, fully equipped with test apparatus as per
schedule provided in tender, inability to do so will attract penalty as felt suitable to engineer-in-
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e) The Contractor is also required to set up material storage area.
19.7 The Works are to Be Completed by the Intended Completion Date
The Contractor may commence execution of the Works on the Start Date and shall carry out the
Works in accordance with the Programme submitted by the Contractor, as updated with the
approval of the Engineer, and complete them by the Intended Completion Date. Any delay leads
to the Liquidated Damages as specified under clause 43 of this General Conditions of Contract.
a) The Contractor shall be responsible for the safety in all activities on the Site and safety of
adjoining properties and adjoining property dwellers to the extent it (safety of adjoining
properties and adjoining property dwellers) is affected by construction activities. The contractor
is responsible to follow all the safety measures stated in IRC: SP:55 throughout the ongoing
work and also shall submit Work Traffic Management Plan on regular basis as intimated by
Engineer-in-charge. He shall be responsible for any of damage, causalities, and inconvenience
due to lacking of safety on site and hence liable to compensate /penalized for all such damage,
causalities and inconvenience in terms of money as decided by the engineer and such amount
shall be deducted from his running bill for that month or other deposits of contractor.
b) The contractor shall, unless otherwise specified, be responsible for the proper fencing, lighting
grading and taking of the necessary safety measures for all works comprised in the contract and
for the proper provision of temporary road, way, foot way, guards, fences, caution notices etc., as
far as the same may be rendered necessary by reasons of the work for the accommodation of
workmen, foot passengers or other traffic and of owners and occupiers of adjacent property and
the public and shall remain responsible for any accidents that may occur on account of his failure
to take proper & timely precautions.
c) The contractor shall take all necessary precautions to prevent any nuisance or inconvenience to
the owners, tenants or occupations of adjacent properties and to the public generally and to
prevent any damage to such properties and any pollution. He shall make immediately good at his
own expense and the satisfaction of the Engineer-in-charge, any damage to roads, paths, cross-
drainage works, underground utilities like water line, drainage network, cables of electric line,
telephone line etc. or public or private property when-so-ever and whatsoever caused due to the
execution of the work or by traffic brought thereon by the contractor. All waste or superfluous
materials shall be cleaned away by the contractor.
d) All the arrangements made for fencing and lighting shall be maintained by the contactor
throughout the contract till the physical taking over of the work by the Employer.
e) The Contractor shall provide all necessary personal safety equipment and first aid apparatus
available for the use of persons and workers employed on the site and shall maintain them in the
same conditions suitable for immediate use at any time and shall comply with the BOCW Act
1996, National Building Code of India (2016), and relevant all safety codes and the Acts.
f) The workers shall be required to use the equipment so provided by the Contractor and the
Contractor shall take adequate steps to ensure proper use of the equipment by those concerned.
g) When work is carried on in proximity to any place where there is a risk of drawing all necessary
equipment shall be provided and kept ready for use and necessary steps shall be taken for the
prompt rescue of any person in danger.
h) Adequate provision shall be made for prompt first aid treatment or injuries likely to be sustained
during the course of the work.
i) The Contractor shall be responsible for and shall pay the expense of providing medical to any
workmen or any personnel who may suffer a bodily injury as a result of an accident. If such
expenses are incurred by the Employer the same shall be recoverable from the Contractor
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forthwith and be deducted without prejudice to any other remedy of Employer from any amount
due to that may become due to the Contractor
19.9 Liability in case of Damage done in surrounding areas
a) Compensation for all damage done intentionally or unintentionally by Contractor's labourers/
machinery whether in or beyond limits of Municipal Corporation properties, Service Provider’s
properties, Any Government Agencies properties, all Third party properties whether
underground or above ground shall be estimated by the Engineer, or such other officer as he
may appoint and the estimates of the Engineer, subject to the decision of the Additional City
Engineer, on appeal, shall be final and the contractor shall be bound to pay the amount of the
assessed compensation on demand, failing which the same will be recovered from the
Contractor as damages from Performance Security or deducted by the Engineer from any sums
that may be due or become due from Municipal Corporation to the contractor under this
contract or otherwise.
b) The Contractor shall bear the expenses of defending any action or other legal proceeding that
may be brought by any person for injury sustained by him owing to neglect of precautions to
prevent the spread of the fire and he shall also pay the damages and cost that may be awarded
by the court in consequence.
19.10 Obligations regarding labour laws
The Contractor shall have to adhere to the applicable labour laws including for wages during
LABOUR LICENCE: -
Before starting the work, the Contractor will have to obtain the license from the District
Assistant Labour Commissioner under the Contract labour (Regulation and abolition) Act
as contract labour (Regulation and abolition) Gujarat Rules 1972 after paying necessary fees and
deposit on the basis of the number of labourers to be employed on the work and will have to
supply two true copies of the said license to the Executive Engineer before starting the work.
19.11 Contractor to Execute the Works
(i) The contractor shall execute the whole and every part of the work in the most substantial and
workman-like manner and both as regards materials and in other respects in strict accordance
with Technical Specifications, Drawings and Good Industry Practice.
(ii) The contractor shall also conform exactly, fully and faithfully to the design, drawings and
instructions in writing for the work signed by the Engineer-in-charge. The design and the
drawings shall be lodged in the office of the Engineer-in-charge to which the contractor shall be
entitled to have access for the purpose of inspection at such office during office hours.
(iii) Where the instructions referred to above are not contained in separate letters addressed to the
contractor the same shall be recorded in the work order book, which shall be maintained and kept
on the site of the work. The contractor shall be required to sign such entries in the work-order
book, which shall be maintained and kept on the site of the work. The contractor shall be
required to sign such entries in the work-order book in token of having noted the instructions.
However, if the contractor fails to sign the work-order book for any reason whatsoever, the entry
of the instructions in the work-order book shall be deemed to be the due notice to him of the said
instructions. The work-order book shall be open for inspections to the contractor on the site of
the work during office hours.
19.12 Obligations relating to Ownership of Contractor Company
Contractor shall not undertake or permit any changes in its ownership, except with the prior
approval of the Authority during the Construction Period.
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19.13 Contractor’s Risk
a) All risks of loss or damage to physical property and of personal injury and death which arise
during and in consequence of the performance of the Contract on any default or neglect of
Contractor is the responsibility of the Contractor.
20 Obligations of the Employer
20.1 General Obligations of Employer
(i) Employer is responsible for correctness and completeness of the Scope of the Project.
(ii) Employer shall provide Site to Contractor for carry out its obligations under this Contract and
(iii) Procure all applicable permits relating to the environment protection and site conservation if
(iv) Upon written request from the Contractor, subject to Contractor complying with applicable law,
provide reasonable support to Contractor for obtaining applicable permits.
21 Liability of accidents to persons
21.1 Responsibilities and liabilities of the Contractor under Workmen's Compensation Act following
shall also apply:
a) On the occurrence of an accident, which result in death of workmen employed by the contractor
or which is so serious as is likely to result in death of any such workmen, the Contractor, shall
within 24 hours of happening of such accident(s) intimate, in writing to the Engineer in charge
the fact of such accident(s). The contractor shall indemnify Surat Municipal Corporation (SMC)
against, all loss or damage sustained by the SMC resulting directly or indirectly from his failure
to give intimation in the manner aforesaid including the penalties or fines, if any, payable by the
SMC as a consequence of SMC failure to give notice under the Workmen's Compensation Act or
otherwise to conform to the provisions of the said act in regard to such accident(s).
b) In the case of an accident, in respect of which compensation may become payable under
Workmen's Compensation Act, whether by the contractor or by the Government as principal
Employer, it shall be lawful for the Engineer in charge to retain cut of money due and payable to
the contractor, such sum or sum of money as, may, in the opinion of the Engineer in charge, be
sufficient to meet such a liability. The opinion of the Engineer in charge shall be final in regard
to all matters arising under this clause.
22 Residential accommodation and sanitary and medical arrangements to be provided to the labour
employed by the contractor:
a. Before opening a labour camp, the contractor shall obtain and follow the advice of the
Medical Officer of the City regarding the campsite, accommodation, water and food
supply, sanitary arrangement, etc.
b. The contractor shall build sufficient number of camps as per letter from mission director,
Gujarat saheri aajivika mission dated 25/10/2023 for the labour on a suitable plot of land
according to the following specifications.
(i) A good site shall be selected; High ground removed from jungle but well provided
with trees shall be chosen wherever it is available. The neighborhood of heavily built-
up areas should be particularly avoided. Camps should not be established closed to
railways, highways, and canals. When a good natural site cannot be procured,
particular attention should be given to drainage.
(ii) The lines of camps shall have open space of at least 5 meters between rows.
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(iii) Accommodation should be comfortable and hygienic.
(iv) There should be no overcrowding. Floor space on a scale of 30 sq. ft. per head shall be
(v) Care shall be taken to see that the camps are kept clean and in good order.
(vi) The contractor must find of his own the land for the purpose. If he wants
Owner/Employer’s hand, he should apply for it and pay assessment for it.
c. The contractor shall provide at his own cost an adequate supply of pure and potable water
for the labourers at a rate of not less than forty liter per head per day. No provision needs
to be made if there is well or adequate tap water arrangement within a half kilometer of the
d. The contractor shall construct at his own cost trench or semi-permanent latrines for the
labourers on a scale of not less than five for every 50 persons or part thereof. Separate
latrines shall be provided for men and for women. The labourers, may at their option be
allowed to use either the trench system or the latrine system.
e. The contractor shall construct at his own cost.
(i) Screened bathing places on a scale of not less than one for every 20 persons or part
thereof. Separate bathing place shall be provided for men and women.
(ii) Washing places for washing clothes on a scale of not less than one for every 30 persons
or part thereof.
(iii)Efficient drainage arrangement for removing sludge water from bathing and washing
places and for its disposal without causing nuisance.
f. The contractor shall provide at his own cost necessary staff for effecting conservancy.
Sanitation and cleanliness to the satisfaction of the Engineer in charge. Sweepers shall be
employed on a scale of not less than one sweeper for every 200 persons or part thereof.
g. The contractor shall arrange at his own cost for all anti-malaria measures for the labour
employed on the work as directed by the medical officer health department.
h. The contractor shall provide at site, suitable measures for fire protection and control to the
satisfaction of the Engineer in charge.
i. The land required for the erection / construction of labour camp will have to be arranged
by the contractor at his own cost. With land owners on such terms as may be mutually
agreed between the contractor and the owner. The SMC will however give assistance
within its competence to enable him to obtain the land without accepting any responsibility
for delay if any.
23 Change in prices, rates, wages & taxes etc. subsequent to the acceptance of the tender:
The contractor shall not be entitled to claim or any compensation on the ground that subsequent to the
acceptance of the tender, there was change in prices, rates & wages etc.
However, any new direct taxes imposed by Government during contract period should be suitably
reimbursed after verifying satisfactory production of documentary evidence. No indirect taxes and / or
any price variation on petroleum products and transportation will be considered for payment.
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24 Permits licensees, priorities, certificates etc:
The contractor shall make his own arrangements at his own cost, if required.
(a) To obtain permits, licensees, quota certificates, foreign exchange etc. for any materials
or items of work etc. if required by him.
(b) To obtain rail and other priorities for transport of his plants, tools equipment’s, stores,
machinery, materials, labour staff etc.
(c) To arrange with civil supply authorities for release of controlled goods if so, for his
labour and staff.
The Owner/Employer will not undertake to arrange for these but will tender reasonable help within its
competence without accepting any responsibility for delay, if any.
25 Insurance during the Construction Period and Defect Liability Period (Contractor’s All Risk
Policy (CAR Policy)
The Contractor shall, at its cost and expense, purchase and maintain during the Construction Period
and Defect Liability Period, such insurances as are necessary including but not limited to the
(a) Fire and allied natural calamities for the Project;
(b) Contractor’s all risk insurance.
(c) Comprehensive third-party liability insurance including injury or death to such third parties
who may enter or are in the vicinity of the Project Site;
(d) Workmen’s compensation insurance;
(e) Loss of or damage to property (except the Works, Plant, Materials, and Equipment) in
connection with the Contract; and
(f) Loss or damage to the plant, material and equipment.
(g) Personal injury or death of employee of Contractor/ Employer.
The contractor shall take “all contract risk insurance policy” for the estimated cost of the roadwork
“Workmen's compensation policy” for all workers and labourers of contractor and Owner/Employer
working at site and “Third Party Insurance Policy” to fully cover all third-party type risk. The
insurance policy so taken by the contractor for such purposes shall be in the joint name of the
contractor and the Owner/Employer and the policy shall be deposited with the Owner/Employer.
Any other insurance that may be necessary to protect the Contractor, its employees and the Project
against loss, damage or destruction at replacement value including all Force Majeure Events that are
insurable and not otherwise covered in items (a) to (g).
Insurance policies and certificates for insurance shall be delivered by the Contractor to the Engineer for
the Engineer's approval before execution work has been started, and all such insurance shall provide
for compensation to rectify the loss or damage incurred or injury of death as specified in clause 25.1 of
25.1 Application of Insurance Proceeds
(a) All money received under insurance policies shall be promptly applied by the Contractor towards
repair or renovation or restoration or substitution of the Project or any part thereof which may
have been damaged or destroyed.
(b) Contractor shall carry out such repair or renovation or restoration or substitution to the extent
possible in such manner that the Project, or any part thereof, shall, after such repair or renovation
or restoration or substitution is as far as possible in the same conditions as they were before such
damage or destruction, normal wear and tear excepted.
25.2 Insurance by Sub-Contractors
Sub-Contracting any part of work is not allowed.
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25.3 Validity of the Insurance Cover
The Contractor shall pay the premium payable on such insurance Policy/Policies so as to keep the
insurance in force and valid throughout the Construction period and furnish copies of the same to the
Employer for each year/policy period. If at any time Contractor fails to purchase and maintain in full
force and affect any and all of the Insurances required under this Contract, the Employer may at its
option purchase and maintain such insurance and all sums incurred by the Employer therefore shall be
reimbursed by the Contractor forthwith on demand, failing which the same shall be recovered by the
Contractor by encashment of performance security or deduct from the remaining bills of the
Anything of historical or other interest or of significant value unexpectedly discovered on the Site
shall be the property of the Employer. The Contractor shall notify the Engineer of such discoveries
and carry out the Engineer's instructions for dealing with them.
27 Possession of the Site
27.1 Contractor shall have to make their own arrangement for the land required for Plant, Casting yard
etc. Surat Municipal Corporation, upon written request of contractor, may arrange the land fully
on allows borisfor establishing the Batching Plant, Casting yard etc.as with charge as per practice
by SMC which shall be deducted from R.A. bill generated by contractor on every month. It shall
be clearly noted that SMC does not give any guarantee for providing such land. Delay in
providing land by SMC shall not alter or delay the overall project duration and time limit. Also,
the same shall not be entertained for any sort of compensation and claim regarding the delay in
providing land for the same. The rental charges & taxes at prevailing policies shall be applicable
in case of land provided by SMC.
28 Supervision of Work
All works under or in course of execution or executed in pursuance of the contract shall, at all
times be open to the inspection and supervision of the Engineer-in-charge and his subordinates or
its authorized representatives, the Contractor shall, at all times during the usual working hours, and
all other times for which reasonable notice of the intimation of the Engineer-In-charge or his
subordinate or its authorized representatives to visit the works shall have been given to the
Contractor, either himself be present to receive orders and instructions or have a responsible agent
duly accredited in writing present, for that purpose. Orders given to the contractor's duly authorized
agent shall be considered to have the same force and effect as if they had been given to the
Contractor himself.
29 Instructions and Actions where no specification is given-
29.1 The Contractor shall carry out all instructions of the Engineer in Charge, which comply with
the applicable laws where the Site is located.
29.2 In the case of any class of work for which there is no such specification such work shall be
carried out in accordance with the event of there being no specification then in such case the
work shall be carried out in all respect in accordance with the instructions and requirements
of the Engineer-in-Charge.
30 Dispute Redressal System
30.1 Settlement of disputes
a) Except or otherwise specifically provided in the contract, all the disputes concerning
questions of fact arising under the contract shall be decided by the Engineer-in-charge,
subject to a written appeal by the Contractor to the Engineer-in-charge, and these decisions
shall be final and binding on the parties hereto. Any dispute or differences including those
considered as such by only one of the parties arising out of or in connection with this contract
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shall be to the extent possible settled amicably between the parties. If amicable settlement
cannot be reached then all disputed issues shall be settled as provided in (b).
b) Dispute or difference to be referred to:
If at any time, any question, disputes or differences of any kind what so ever shall arises
between the Engineer-in-charge and the Contractor upon or in relation to or in connection
with this contract, either party may forthwith give to the other, notice in writing of the
existence of such questions, disputes or differences as to any decision, opinion, instruction,
direction certificate or evaluation of the Engineer-in-charge.
The question or difference shall be settled by the Municipal Commissioner, who shall state
his decision in writing and give notice of the same to the Engineer-in-charge and to the
Contractor and such decisions shall be final and binding upon both parties to the contract and
work on contact if not already breached or abandoned shall proceed normally unless and until
the same shall be revised (or upheld) due to any judicial proceeding.
Should the Municipal Commissioner fail to give a decision within two (2) calendar months
after issuance of notice of a question, dispute or difference or if the Contractor is dissatisfied
with any such decision of the Municipal Commissioner, then the matter may be referred to
standing committee of Surat Municipal Corporation. Then also if the question or difference
remains unsettled and if the Contractor is dissatisfied with any such decision of standing
committee of SMC the question or dispute or matter may be referred to the court of law
subject to Surat Jurisdiction.
31 Claim for compensation for delay in the starting of work
31.1 No compensation shall be allowed for any delay caused in the starting of the work on
account of clearance to be obtained by the Contractor or on account of any delay in
according sanction to estimates.
32 Claim for compensation for delay in the execution of work
32.1 No compensation shall be allowed for any delay in execution of the work on account of
delay attributable to Contractor’s fault/breach.
33 Entering upon or commencing any portion of work
33.1 The Contractor shall not enter upon or commence any portion or work except with written
authority and instruction of the Engineer-in-Charge or of his subordinate in charge of the
work failing such authority, the Contractor shall have no claim to ask for measurements of
or payment for work.
34 Fair Wages to Contractor’s workers
34.1 If a contractor fails to pay within "7' (seven) days to its labourer(s) employed for this
Project, the minimum wages prescribed by the Government under the Minimum wages. Act
1948 as in force time to time the Engineer-in-Charge shall be at liberty of deduct the amount
payable to the labourer(s) worker(s) from his Contractor's bill or deposit(s) payable by the
contractor after making due inquiries and establishing the claim(s) of the labour(s)
worker(s). The Contractor shall not be entitled to any payment or compensation on account
of loss that he contractor may have to incur on account of the action as forced a notice in
writing to be Contractor shall be issued by the Engineer-in-Charge to the wages as per
Minimum wages Act in force at the relevant time. If the Contractor does not be as aforesaid
within seven days the action contemplated as above shall be taken against him.
35 Severability and Waiver
35.1 If any provision of this Contract, or any part thereof, shall be found by any court or
administrative body of competent jurisdiction to be illegal, invalid or unenforceable the
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illegibility, invalidity or unenforceability of such provision or part provision shall not affect
the other provisions of this Contract or the remainder of the provisions in question which
shall remain in full force and effect. The relevant Parties shall negotiate in good faith in
order to agree to substitute for any illegal, invalid or unenforceable provision a valid and
enforceable provision, which achieves to the greatest extent possible the economic, legal
and commercial objectives of the illegal, invalid or unenforceable provision or part
provision. No failure to exercise or enforce and no delay in exercising or enforcing on the
part of either Party to this Contract of any right, remedy or provision of this Contract shall
operate as a waiver of such right, remedy or provision in any future application nor shall
any single or partial exercise or enforcement of any right, remedy or provision preclude any
other or further such right, remedy or provision or the exercise or enforcement of any other
right, remedy or provision.
36 Representation and Warranties of Contractor
The Contractor represents and warrants to the Employer that:
(i) It is duly organized and validly existing under the laws of India (and their respective
countries in case of foreign bidders), and has full power and authority to execute and
perform its obligations and carry out the work as per the terms of contract.
(ii) It has taken all necessary actions under the Applicable Laws to authorize execution and
delivery of this contract and to validly exercise its rights and perform its obligations under
(iii) This Contract constitutes its legal, valid and binding obligations, enforceable against it in
accordance with terms hereof, and its obligations under this Contact will be legally valid,
binding and enforceable obligations against it in accordance with the terms hereof.
(iv) It is subject to civil and commercial laws of India with respect to the Tender and this
Contract/ Agreement and it hereby expressly and irrevocably waives any immunity in any
jurisdiction in respect thereof.
(v) The information furnished in the Bid and as updated on or before the date of this
agreement/contract is true and accurate in all respects as on the date of this Contract.
(vi) The execution, delivery and performance of this Tender and Contract thereof will not
conflict with, result in the breach of, constitute a default under or accelerate performance
required by any of the terms of the Contractor’s Memorandum and Articles of Association
or any Applicable Laws or any covenant, agreement, understanding, decree or order to
which it is a party or by which it or any of its properties or assets is bound or affected.
(vii) There are no actions, suits, proceedings, or investigations pending or, to the
Contractor’s knowledge, threatened against it at law or in equity before any court or before
any other judicial, quasi-judicial or other authority, the outcome of which may result in the
breach of or constitute a default of the Contractor under the Tender or which individually
or in the aggregate may result in any Material Adverse Effect.
(viii) It has no knowledge of any violation or default with respect to any order, writ,
injunction or any decree of any court or any legally binding order of any Government
Agency which may result in any material adverse effect or impairment of the Contractor’s
ability to perform its obligations and duties under this Tender and Agreement.
(ix) It has complied with all Applicable Laws and has not been subject to any fines, penalties,
injunctive relief or any other Civil or criminal liabilities which in the aggregate have or
may have Material Adverse Effect.
(x) No representation or warranty by the Contractor contained herein or in any other document
furnished by it to Authority or to any Government Agency in relation to Applicable Permits
contains or will contain any untrue statement of material fact or omits or will omit to state a
material fact necessary to make such representation or warranty not misleading; and
(xi) No sums, in cash or kind, have been paid or will be paid, by or on behalf of the Contractor,
to any person by way of fees, commission or otherwise for securing the Tender or entering
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into of the Agreement or for influencing or attempting to influence any officer or employee
of Employer in connection therewith.
37 Representation and Warranties of Employer
The Employer represents and warrants to the Contractor that:
i) It has full power and authority to grant the Tender and enter into Agreement with the
ii) It has taken all necessary action under Applicable Law to authorize the execution, delivery and
performance of this tender.
iii) The tender constitutes its legal, valid and binding obligation enforceable against it in
accordance with the terms hereof.
iv) It has good and valid rights for Site.
v) It has no knowledge of any violation or default with respect to any order, writ, injunction or any
decree of any court or any legally binding order of any Government Agency which may result
in any material adverse effect or impairment of the Contractor’s ability to perform its
obligations and duties under this Tender.
Executive Engineer
North (Katargam) Zone
Surat Municipal Corporation
Date & Signature of the Contractor
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B. Time Control
38 Progress Schedule (Detailed Programme of Implementation of Works)
(i) The Contractor shall furnish within 15 (Fifteen) days (Unless extended by Engineer-In
Charge) from LOA to the Engineer in Charge for approval a Progress Schedule showing date
of starting, general methods, arrangements, order, and timing for all the activities (i.e.,
procurement of materials, setting up of plant and materials, construction activities etc.) in the
Works including monthly progress schedule, anticipated completion date of each major item.
The Progress Schedule submitted by the Contractor shall be adhering to the milestone
specified below.
Milestone of Work Completion
Sr.No Period in Months
(% of Work to be Completed)
Submission and getting approval from Engineer in Charge for
detailed work program, methodology with scheduling and
planning of all activities and cash flow chart. Deployment of all 30 days from the date of
MS-1 critical and other staff (submission of CVs of Key personnel and Notice to Proceed with
Insurance Policy for the project) as per tender conditions. works.
Submission of mobilization details and erection details of plant,
machineries and equipment’s and fully equipped laboratory.
Establishment of fully equipped field laboratory as per Tender
requirements. Commissioning of Batch Mix Plants (Concrete
and Asphalt), Marking center line on ground based on Good for
60 days from the date of
construction drawing and shall obtain approval of Engineer In-
MS-2 Notice to Proceed with
charge. Finalization of mix designs for GSB, WMM, DLC,
PQC (and Other required grade of Concrete), DBM+ BC, etc.
Execution of trial patch and its approval with necessary
rectification / modifications.
240 days from the date of
MS-3 Completion of 25% of total value of work as per BOQ. Notice to Proceed with
360 days from the date of
MS-4 Completion of 50% of total value of work as per BOQ. Notice to Proceed with
600 days from the date of
MS-5 Completion of 100% of total value of work as per BOQ. Notice to Proceed with
720 days from the date of
MS-6 Completion of all works in all respect. Notice to Proceed with
Note: Monsoon period (equal to 90 days) from 15th June to 15th September will be excluded for
calculating milestones. It is important to note that not meeting the specified milestones within the
stipulated time allocated for it shall be considered as “FUNDAMENTAL BREACHOF CONTRACT”
and based on this the work can be terminated by the employer.
(ii) In case it is found necessary, at any stage to alter the schedule, the contractor shall submit in
good, time a revised schedule incorporating necessary modification proposed by
Engineer/Employer and get the same approved from the Engineer in charge. No revised
schedule shall be operative without such acceptance in writing. The Engineer in charge is
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further empowered to ask for more detailed schedule or schedules, any week by week, for
any item or items and the contractor shall supply the same as and when asked for.
(iii) The Engineer in charge shall have, at all times, the right, without in any way vitiating this
contract forming grounds for any claim, to alter the order of the work of any part thereof and
the contractor shall after receive such direction, proceed in the order directed. The contractor
shall also revise the progress, schedules accordingly and submit four copies of the revised
schedule to the Engineer in charge within seven days of the said Engineer's direction to alter
the order of works.
(iv) The contractor shall furnish sufficient plant, equipment and labour and shall work such hours
and shifts as may be necessary to maintain the progress of the work as per approved progress
schedule. The working and shift hours shall comply with all the Government regulations in
force and shall be such, as may be approved by the Engineer in charge and the same not be
varied without the prior approval of Engineer in charge.
(v) The contractor shall from time to time, as may be required by the Engineer in charge, furnish
the Engineer in charge with a statement in writing of the arrangements he proposes to adopt
for the execution of this contract and the Engineer in charge may, if he considers necessary at
any time advise alternation in the same, which the contractor shall adopt on notice thereof.
(vi) The progress schedule(s) shall be in the form of progress chart, forms, statements and/or
reports as may be approved by the Engineer in charge.
(vii) The contractor shall submit four copies showing the progress of the work in the form of
a chart etc., at periodical intervals as may be specified by Engineer in charge.
38.1 Reports regarding labour:
i. A daily report in a form as may be prescribed of the strength of labour, both skilled and
unskilled, employed by him on the works. The contractor shall increase or decrease the
strength both skilled or unskilled if directed by the Engineer in charge. The submission of such
reports shall not, however relieve the contractor of his responsibilities and duties regarding
progress or any other obligations under the contractor.
ii. A classified weekly return in the prescribed form the number of persons employed on the
works during the preceding week.
iii. A weekly medical report in the prescribed form showing the health of the contractor’s camp,
the number of persons ill or incapacitated and the nature of their illness.
iv. A report of any accident which may have occurred to be sent within 24 hours of the
v. Such other reports as may be prescribed.
vi. The contractor shall be responsible to arrange for insurance of all labourers, skilled, unskilled
workers, supervisions employed by him as per labour regulation of the state.
38.2 The approval of the progress schedules by the Engineer in charge shall not relieve the
contractor of schedule required by the Engineer in charge and it shall not entitle the
contractor to any extra payment.
38.3 The Contractor is also required to submit updated programme every month (30 days from
previous submission of updated programme). An update of the Program shall be a program
showing the actual progress achieved on each activity and the effect of the progress
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achieved on the timing of the remaining work including any changes to the sequence of the
38.4 If the Contractor does not submit an updated Program within the period specified above in
clause 38.3, the Engineer may at its sole discretion withhold the amount of Rs5,00,000/-
(Rs. 5 Lakh) from the next payment certificate and continue to withhold this amount until
the next payment after the date on which the overdue Program has been submitted. The
Engineer’s approval of the Program shall not alter the Contractor’s obligations. The
Contractor may revise the Program and submit it to the Engineer again at any time.
38.5 Notice to be given before work is covered up.
38.6 The contractor shall give not less than five days’ notice in writing to the Engineer-in-charge
or his subordinate in charge of the work before covering up or otherwise placing beyond the
reach of measurement any work in order that the same may be measured and correct
dimensions there of taken before the same is so covered up or placed beyond the reach of
measurement and if any work shall be covered up or placed beyond the reach of
measurement without such notice having been given or consent obtained, the same shall be
uncovered at the contractor's expense and in default thereof, no payment or allowance shall
be made for such work or for the materials with which the same was executed.
39 Approval by the Engineer-in-charge for Temporary Works
39.1 The Contractor shall submit Specifications and Drawings showing the proposed Temporary
Works to the Engineer-in-Charge for approval, which is expected to be implemented by
Contractor. The Temporary Works shall be as specified in either Technical Specifications
section or as specified by Engineer-in-Charge.
39.2 A copy of the AutoCAD Drawings shall be provided to the Engineer on a periodic basis for
approval and to record all details relating to progress and developments. On the basis of all
Drawings relating to the Works the Contractor shall prepare ‘As-Built’ drawings using the
computing software AutoCAD Version 16 or latest version to record the precise details of
the Works complete.
39.3 The final copy of the AutoCAD Drawings shall be provided at the time of issue of the
Statement of Completion. The Contractor shall also arrange to take photographs and video
graphs as directed by the Engineer, depicting various details and stages of progress of works
and submit them in duplicate in proper albums for records.
39.4 In case the contractor fails to submit ‘As-Built’ drawings within 30 days of project
completion, amount as stated in the contract data shall be withheld from the dues payable to
the contractor.
39.5 The Contractor shall be responsible for design of Temporary Works.
39.6 The Engineer's approval shall not alter the Contractor's responsibility for design of the
Temporary Works.
39.7 The Contractor shall obtain approval of third parties to the design of the Temporary Works,
where required.
39.8 All Drawings prepared by the Contractor for the execution of the temporary or permanent
Works, are subject to prior approval by the Engineer-in-Charge before their use.
40 Extension of the Intended Completion Date
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40.1 The Employer shall extend the Intended Completion Date if a Compensation Event occurs
or a Variation is issued which makes it impossible for Completion to be achieved by the
Intended Completion Date without the Contractor taking steps to accelerate the remaining
Works, which would cause the Contractor to incur the additional cost.
40.2 The Engineer-in-Charge shall decide whether and by how much time to extend the Intended
Completion Date within 15 days of the Contractor asking the Engineer-in-Charge for a
decision upon the effect of a Compensation Event or Variation and submitting full
supporting information. If the Contractor has failed to cooperate in dealing with a delay, the
delay by this failure shall not be considered in assessing the new Intended Completion Date.
40.3 If the Contractor shall desire an extension of the time for completion of the work on the
ground of his having been unavoidably hindered in its execution or any other ground, he
shall apply in writing to the Engineer-in-Charge before the expiration of the period
stipulated in the tender or before the expiration of 30 days from the date on which he was
hindered as aforesaid or on which the cause for asking for extension occurred, whichever is
earlier and the Engineer-in-Charge may, if in his opinion, believe that there are reasonable
grounds for granting an extension, with prior permission from the Municipal Commissioner,
can grant such extension as he thinks necessary or proper. The decision of the city engineer/
head divisional in this matter shall be final.
41 Delays Ordered by the Engineer-in-charge
41.1 The Engineer-in-Charge may instruct the Contractor to delay the start or progress of any
activity within the Works. Delay/delays to telling more than 30 days will require prior
written approval of the Employer. In such case Intended Completion Date shall be extended
for a period delay has been caused.
42 Management Meetings
42.1 The Engineer-in-Charge may require the Contractor to attend a management meeting. The
business of a management meeting shall be to review the progress and plans for the Works.
42.2 The contractor shall depute his representative not below the rank of Project Manager to
attend periodic review meetings notified by the Engineer-in-Charge. The Engineer-in-
Charge shall record the business of management meetings and provide copies of the record
to those attending the meeting. The responsibility of the parties for actions to be taken shall
be decided by the Engineer-in-Charge either at the management meeting or after the
management meeting and stated in writing to all those who attended the meeting.
43 Liquidated Damages
43.1 The Contractor shall pay liquidated damages to the Employer at the rate of 0.2% of Contract
Price for per day delay for the period that the Completion Date is later than the Intended
Completion Date (for the whole work or the milestone as specified in approved Progress
Schedule). Liquidated Damages at the same rate shall be withheld if the Contractor fails to
achieve the milestones specified in approved Progress Schedule. The total amount of
achieve the milestones specified in approved Progress Schedule. The total amount of
Liquidated Damages shall not exceed the 10% of the Contract Price quoted by the
Contractor and agreed for this Works. In case Liquidated Damages exceed the 10% of the
Contract Price, the Employer may consider Termination of Contract. The Employer may
deduct Liquidated Damages from payments due to the Contractor and/or from the
Performance Security. Payment of Liquidated Damages shall not affect Contractor's other
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43.2 If the Intended Completion Date is extended after Liquidated Damages have been paid, the
Engineer-in-Charge shall correct any overpayment of Liquidated Damages by the
Contractor by adjusting the next payment certificate.
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C. Quality Control
44.1 The contractor shall be responsible for the true and proper setting out of the works and the
correctness of positions, levels, dimensions and alignments of all parts of the work and for
the provisions of all necessary instruments, appliance and labour in connection therewith.
44.2 The Contractor shall abide by the standards and provisions specified in Technical
Specifications, Drawings and BOQs.
44.3 If, at any time, during the progress of the work, any errors, appear or arise in the position,
levels, dimensions or alignments of any part of the work, the contractor, on being required
to rectify such errors by the Engineer in charge shall at his own expense do so to the
satisfaction or the Engineer in charge. If, however, such error is based on incorrect data
supplied in writing by the Engineer in charge, the expenses of rectifying the same shall be
borne by the Department. The checking of and setting out of any line or level by the
Engineer in charge or his representative shall not in any way, relive the contractor of his
responsibilities for the correctness of the error. The contractor shall carefully protect and
observe all benchmarks and other things used in the Works.
44.4 The Owner/Employer / Engineer-in-charge shall have the power to order removal or
replacement of all unauthorized/defective materials/works which in his opinion should be
removed or replaced All defects, be removed, replaced, or corrected as may be directed by
the Engineer in charge, where after the refund of Performance Security could be considered
and, in that case, he will take action under clause 13 of SECTION IV (B) - SPECIAL
CONDITIONS OF CONTRACT.
45 Works to be under direction of Employer
45.1 All works to be executed under the contract shall be executed under the direction and
subject to the approval in all respects of Engineer in charge of the Surat Municipal
Corporation, who shall be entitled to direct at what point and in what manner they are to be
commenced and from time to time carried on.
46 Quality Checks Register
46.1 A register in the prescribed form showing day to day receipt, consumption and balance of
inventory for the Works will be maintained by the Contractor, which shall invariably be
signed daily by the contractor or his authorized representative in token of its correctness.
The Engineer shall inspect the storage facility and in case of mismatch between actual
balance and balance in register, take appropriate action including payment of work done at
46.2 A register in the prescribed from showing day to day receipt, consumption and balance, of
cement/Steel on site of work by the Contractor and every entry thereof shall invariably be
signed by the Engineer-in-Charger his authorized representative in token of its correctness.
47 Identifying Defects
47.1 The Engineer or authorized Supervision Engineer appointed by Employer shall check the
Contractor's work and notify the Contractor of any Defects that are found. Such checking
shall not affect the Contractor's responsibilities. The Engineer may instruct the Contractor to
search for a Defect and to uncover and test any work that the Engineer considers may have a
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47.2 The Contractor is responsible to remedy any such defects identified by Engineer or its
representative. In such cases, Contractor shall take appropriate measures indicated by
48.1 The Contractor shall be solely responsible for:
a) Carrying out the mandatory tests prescribed by the MoRTH / Specifications for Building Works of
Surat Municipal Corporation / Relevant Indian Roads Congress Specifications / Relevant Bureau
of Indian Standards (BIS)/ Test mentioned in the Technical Specification and any other relevant
standards as specified by Engineer or Employer.
b) For the correctness of the test results, whether preformed in his laboratory or elsewhere.
48.2 If the Engineer instructs the Contractor to carry out a test not specified above, to check
whether any work has a Defect and the test shows that it does, the Contractor shall pay for
the test and any samples.
48.3 The cost of all such Tests shall be borne by the Contractor.
48.4 Approval to samples of construction materials.
48.5 Samples of each class of material shall be submitted by the contractor for the approval of
the Engineer in charge and after satisfying the test of samples, quality and approved by the
engineer in charge, these samples, shall be deposited at place, which the Engineer in charge
may suggest and the contractor shall be required to perform all the works of this contract in
accordance with the approved samples.
49 Correction of Defects or unsatisfactory and Poor-quality works
49.1 The contractor shall be responsible to make good and remedy at his own expense any defect
or unsatisfactory works or not as per the Technical Specifications/ Elements guidelines
which may be noticed or observed during the testing or inspection/supervision of Engineer.
49.2 The Engineer shall give the contractor a notice through phone call/ email/ fax writing about
the defects and the contractor shall make rectify the same within time period specified by it
on receipt of the notice. In the case of failure on the part of the contractor, the Engineer-in
charge may rectify or remove or re-execute the work at the risk & cost of the Contractor.
The Engineer-in-charge shall be entitled to appropriate the whole or any part of the amount
of security deposit (i.e., Performance Security) or from the outstanding bills towards the
expenses, if any, incurred by him in rectification, removal of defects.
49.3 The Engineer-in-charge may impose penalties/damages for non-rectification of defects or
defects itself or liabilities in specified time period. The amount of penalties/damages shall
be commensurate with types of breach.
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D. Cost Control
50 Bills of Quantities
50.1 The Bill of Quantities shall contain items for the construction, supply, installation, testing
and commissioning work to be done by the Contractor.
50.2 The Bill of Quantities is used to calculate the Contract Price. The Contractor shall be paid
for the quantity of the work done at the rate in the Bill of Quantities for each completed item
for the Works carried out by the Contractor.
51 Variations in Quantities
51.1 Variation in individual items of quantities permitted provided that it shall not exceed ± 30%
in quantity of each individual item, and ± 5% of the total/Initial Contract Price.
51.2 In above conditions, the Engineer shall adjust the rate(s), to allow for the change.
51.3 The Engineer shall not adjust rates from changes in quantities if thereby the Initial Contract
Price is exceeded by more than 5 percent except with the Prior approval of the Employer.
51.4 If requested by the Engineer where the quoted rate (s) of any item(s) is abnormally high, the
Contractor shall provide the Engineer with a detailed cost breakdown of such rate in the Bill
51.5 All variations shall be included in updated programme.
52 Payment for Variations
52.1 Variation permitted shall not exceed ± 30% in quantity of each individual item, and ± 5% of
the total contract price. The payment for varied quantity of work shall be made as per rates
quoted by the Contractor in its prices Bid and as agreed between the Employer and the
Contractor prior to award and specified in LOA (Letter of Award) if the quantity variation
falls up to the prescribed limit under this clause. If the Variation exceeds this limit, the rate
shall be derived under the provisions of clause 52.3 for quantities exceeding the prescribed
limit. For the items not existing in the Bills of Quantities or substitutions to items in BOQ,
rate payable shall be determined as per clause 52.2.
52.2 For items not existing in the Bill of Quantities or substitution to items in the Bill of
Quantities, rate payable should be determined by methods given below and, in the order
i. Rates and prices in Contract, if applicable plus escalation as per contract.
ii. Rates and prices in the Schedule of Rates from applicable to the Contract plus escalation as per
iii. Market rates of materials and labour, hire charges of plant and machinery used, plus 10% for
overheads and profits of contractor.
52.3 For items in the Bill of Quantities but where quantities have increased beyond the variation
limits, the rate payable for quantity in excess of the quantity in the Bill of Quantity plus the
permissible variation should be:
i. Rates and prices in contract, if reasonable plus escalation, failing it, sub-clauses (ii) and (iii)
below will apply.
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ii. Rates and prices in the schedule of Rates will be applicable to the contract plus escalation as
iii. Market rates of material and labour, hire charges of plant and machinery used plus 10% for
overheads and profits of contractor.
52.4 If there is delay in the Employer and the contractor coming to an agreement on the rate of an
extra item, rates as proposed by the Employer shall be payable provisionally till such time
as the rates are finally determined or till a date mutually agreed.
52.5 If the Engineer decides that the urgency of varying the work prevent a quotation being given
and considers not delaying the work, no quotation shall be given and the Variation shall be
treated as a Compensation Event.
52.6 Extra Items:
If any additions & alteration in work is done for which no rate is specified in the Contract, such
work shall be paid at latest Gujarat State Govt. S.O.R. of year 2023-24 of R &B Division AND
G.W.S.S.B S.O.R. of year 2022-23 division for civil works AND Gujarat State Govt. S.O.R. of
year 2023-24 for Electrical works, plus/minus which the accepted tender is higher/lower
estimated cost put to tender or rates mutually agreed upon between the owner/employer and the
contractor, whichever or lower.
The rates of an extra item which cannot be arrived from the Gujarat State Govt. S.O.R will be
treated as non-SOR items. The rate for such items shall be inclusive of profit overheads and all
taxes @ 10% as per the prevailing practice of SMC. The extra items shall be approved within
months of submission of proposal by the contractor along with mutually acceptable rates. In case
of any delay in approvals of the rates for extra items, SMC will not give compensation of any
kind. For executing such extra items additional compensation of any kind will not be given.
For the item not specified in SOR or BOQs, mutually agreed rates for the Engineer- InCharge
and the Contractor or as determined as per clause 52.2 (iii), whichever is lower shall be arrived
and paid. The decision of division head/ City Engineer will be final and binding to all.
53 Payment Certificate and Payment
53.1 The payment to the contractor will be made as per following procedures for the Works
a) The contractor shall submit monthly bills on or before the date fixed by the Engineer-in-
Charges for all works executed in the previous month supported with detailed measurement
specifying the quantities of each item executed, rates quoted by the Contractor in its prices
Bid and as agreed between the Employer and the Contractor prior to award and specified in
LOA (Letter of Award). This statement shall also state estimated value of the work completed
less the cumulative amount certified previously.
b) Items of the works for which no rate or price has been entered by the Contractor will not be
paid for by the Employer and shall be deemed covered by other rates and prices in the
c) The Contractor is required to provide the colour photographs displaying the date and time of
Completed Work along with the Bill as and when demanded by Engineer In-Charge.
d) The Engineer-in-charge, if required shall check the Contractors’ monthly statement within
days and certify the amount to be paid to the Contractor.
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e) The value of work executed shall be determined by the Engineer and it shall also include the
valuation of Variations and Compensation Events.
f) The Engineer may exclude any item certified in a previous certificate or reduce the proportion
of any item previously certified in any certificate in the light of later information.
g) Engineer- In-Charge shall verify the quantities claimed in the bill with the progress registered
in measurement books or through the actual measurement of Engineer. Joint measurement
shall also be taken continuously and need not be connected with billing stage. Measurement
recorded in the measurement books shall be signed by both contractor and Engineer’s
representative. Payments shall be adjusted for deduction for Performance Securities,
damages/penalties and other recoveries in terms of contract and taxes, at source, as applicable
h) Upon above process specified in above (a) to (g), the Engineer shall issue Payment
Certificate. The Employer shall pay the Contractor the amounts certified by the Engineer
within 14 days of the date of each certificate.
i) No Advance Payment shall be made. There shall not be Mobilization Advance.
j) Quantities shown in the tender are approximate and no claim shall be entertained for
quantities of work executed being either more or less than those entered in the tender of
k) No compensation shall be allowed for any delay caused in the starting of the work on account
of any acquisition of land and in the case of clearance work, for any delay in accordance to
l) No compensation shall be allowed for any delay in execution of the work on account of water
standing in borrow pits or compartments. The rates are inclusive for hard or cracked soil,
excavation in mud, sub-soil water or water standing in borrow pits, and no claim for an extra
rate shall be entertained, unless otherwise expressly specified.
54.1 The rates quoted by the Contractor shall be deemed to be inclusive of the all levies, duties,
royalties, any cess, toll, taxes of Central and State Governments, local bodies and
authorities. labour, materials, shuttering, scaffoldings, plants, equipment’s, supervision,
survey works, power, water, royalties, testing charge and other taxes, duties etc., that may
be levied and all liaison with concerned authorities like traffic police, utility providers like
DGVCL, GGCL, BSNL departments of S.M.C. and Forest department of Govt. that the
Contractor will have to pay for the performance of this Contract.
54.2 The rates quoted by the Contractor must be inclusive of all taxes prevailing on due date of
bid submission except GST. However, any subsequent changes in the tax structure by
Government after due date of bid submission will be compensated (+/-) on availability or
submission of factual documentation. Contractor will have to intimate Engineer regarding
changes occurred in the tax structure after bid submission. If the contractor fails to provide
such information and if any financial obligation may arise due to change in tax structure,
same will be recovered from the contractor.
54.3 GST (Goods & Service Tax) has come in existence from 1st July,
Contractor/Successful Bidder is bound to pay any amount of GST prescribed by the Govt of
India as per the Term of Contract agreed upon during the course of execution of this
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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 amount
actually remitted by the Successful Tenderer / Contractor to the Competent Authority along
with a Certificate from Chartered Account 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.
54.4 All duties, taxes, and other levies except GST payable by the contractor under the contract,
or for any other cause shall be included in the rates, prices and total Bid Price submitted by
the Bidder. (GST will be paid extra).
54.5 Payment of GST (prevailing rates) on the amount payable under the contract to the
Contractor will be made by the Employer. Hence, it is the responsibility of the contractor to
pay the GST to the concerned Authority.
54.6 GST will be paid separately on the bills. Hence, it is the responsibility of the contractor to
pay the GST to the concerned Authority.
The Construction labour welfare cess shall be deducted from R.A. bill of the contractor at
the prevailing rate. The current rate of labor cess is 1% of the capital amount.
55.1 All payments will be made in Indian Rupees only.
55.2 Mode of payments
Payment to Contractors shall be made through e- Payment only.
Retention money shall be charged from the Contractor as per memorandum. The Retention money
will be released with payment of Final Bill.
57 Performance Security
The Contractor hereby assures, entrusts and covenants unto the Employer that:
a) The Contractor shall provide the Performance Security of amount, form (Bank Guarantee or
FDR or Cash or Demand Draft) and by the date specified in the Clause 36 of ITB. The validity
period of Performance Security shall be as specified in Clause 36 of ITB.
b) Provided that if the contract is terminated for reasons other than that which can be attributable to
the Contractor, the Performance Security, shall, subject to the Employer’s right to receive
amounts, if any, due from the Contractor under this contract, be duly discharged and released to
the Contractor.
57.1 Encashment of Performance Guarantee
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The Employer shall be entitled to encash the Performance Security fully or partially as the case
may be, through a notice of 30 days (“Encashment Notice”) under the following circumstances:
i. Non-payment of any dues by the Contractor to the Employer as required to be paid as per the
terms of the Contract including Liquidated Damages as provided.
ii. An Event of Default not being remedied by the Contractor in reasonable Period specified by
the Engineer during construction and Defect Liability Period despite repeated notice as
provided in this regard.
iii. Non removal of deficiencies during the handover or Defect liability period as per the terms of
Provided the extend of such encashment shall be no greater in amount than that required to
remedy the circumstances warranting encashment stipulated above and provided further that in
case of any encashment of the Performance Security pursuant to the Encashment Notice, the
Employer may return the amount so encashed if the circumstances requiring the encashment
have been remedied to the full satisfaction of the Employer.
The provision under this Sub-Clause authorizing the Employer to encash the Performance
Security shall be exercisable in addition to and without prejudice to the Employer’s right to do
so under any other similar provision in this Contract permitting encashment.
57.2 Fresh Performance Security
In the event of the encashment of the Performance Security by the Employer pursuant to
Encashment Notice issued, the Contractor shall within 20 (twenty) days of the Encashment
Notice furnish fresh Performance Security to the Employer, failing which the Employer shall be
entitled to terminate the Contract by giving 30 days’ notice in accordance with the provisions
58 Price Escalation
The price escalation shall be paid only after completion of one year from the date of
commencement of the work. If the work is not completed in prescribed time limit by the
contractor’s own reason, then price escalation shall not be paid. Further, the price escalation shall
be paid after one year from the date of commencement of the work or amount of work required to
be done in a year as per Milestones mentioned in bidding data whichever is later. For calculation
of amount of work required to be done in a year, only stipulated time allowed for completion of
work mentioned in contract i,e. 18 Months (Excluding Monsoon) shall be taken
For (a) Labour,
Increase or decrease in the cost due to labour shall be calculated quarterly in accordance with the
following formula.
Vi = Increase or decrease in the cost of the work done during the quarter under consideration
due to change in rates for labour.
Rp = Value of net work done in rupee during the quarter under consideration after deducting
the cost of material on which price escalation / variations or star rate difference is being
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paid separately and deducting the cost of extra items, whose rates are derived by rate
analysis based on market rates and the cost of those materials which are being supplied
by Surat Municipal Corporation and full assessed value of secured advance or any
advance payment.
L0 = The average consumer Price index (whole sale prices) for industrial workers for the
month in which tenders was received as applicable to Surat as published by Reserve
Bank of India for Consumer Price Index Numbers for Industrial workers.
L= The average consumer Price index (whose sale prices) for industrial workers for the
quarter under consideration as above.
P1 = Percentage of labour components of the item = 5 %
The increase or decrease in the cost of materials shall be calculated quarterly in accordance with
the following formula.
Vm = 0.85 x PmxRp x (I – Io)
Vm = Increase or decrease in the cost of work during the quarter under consideration due to
change in rates for material.
Rp = Value of net work done in rupee during the quarter under consideration after deducting the
cost of material on which price escalation / variations or star rate difference is being paid
separately and deducting the cost of extra items, whose rates are derived by rate analysis
based on market rates the cost of those materials which are being supplied by Surat
Municipal Corporation and full assessed value of secured advance or any advance payment.
Io = The average wholesale price index (all commodities) as published by Office of Economic
Advisor (OEA) for month in which the tenders was received.
I= The average wholesale price index (All commodities) as published by Office of Economic
Advisor (OEA) for the quarter under consideration as above.
Pm = Percentage of material components = 90%
Vd. = 0.85 x Pdx RP x (D – Do)
Vd = Increase or decrease in the cost of the work done during the quarter under consideration due
to change in the rates of petrol, oil and Lubricants (P. O. L.).
Pd = Percentage of P. O. L, component of the item = 5%
Rp = Value of net work done in rupee during the quarter under consideration after deducting the
cost of material on which price escalation / variation or star rate difference is being paid
separately and deducting the cost of extra items, whose rates are derived by rate analysis
based on market rates the cost of those materials which are being supplied by Surat
Municipal Corporation and full assessed value of secured advance or any advance payment.
Do = The average price of high-speed diesel for Surat from either IOCL or BPCL or HPCL for
the month in which the tenders are received.
D= The average price of high-speed diesel for Surat from either IOCL or BPCL or HPCL for
the quarter under consideration as above.
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i) The Price escalation shall be paid on the work done after one year from the date of commencement
of the work of amount of work required to be done in a year as per memorandum of works of
tender whichever is later till the completion of the work/ extended time limit.
ii) Price escalation clause shall be applicable for the work that is carried out within the stipulated time
or approved extension thereof, as are not attributed to the contractor. No claim for price
adjustment other than those provided herein shall be entertained.
iii) The percentage of Material, Labour and Fuel for the entire work will be as under;
a) Material M: 90% (b) Labour L: 05% (c) POL: 05%
iv) “Ceiling limit in respect of percentage for escalation shall be up to 7.5% of the sanctioned tender
amount or total amount of work done under this tender whichever is less. In short, no payment
amount or total amount of work done under this tender whichever is less. In short, no payment
shall be made beyond the ceiling limits in any case.
v) If liquidated damages/work delay penalty to be imposed than price escalation for that period shall
not be payable.
vi) Star Rate difference on cement / reinforcement are paid separately, therefore to derive “Rp”,
amount deduction shall be done based on basic rate multiply by Quantity of cement/steel used.
vii) Cost of the materials issued by Surat Municipal Corporation to be deducted from Rp.
viii) Quarter shall be considered as per the Calendar quarter i.e., from Jan. to March, from April to June
ix) Star rate for cement Rs.5200/- per MT (Without GST) & for high strength TMT steel Rs 53000/-
per MT (Without GST) & for high strength TMT CRS steel Rs 55500/- per MT (Without GST)
x) The decision of Divisional Head shall be conclusive final and binding to the contractor.
59 Cost of Repairs
Loss or damage to the Works or Materials to be incorporated in the Works between the Start Date
and the end of the Defects Liability period shall be remedied by the Contractor at his cost if the
loss or damage arises from the Contractor's acts or omissions.
60 Events Leading to Extension of Intended Completion Date
60.1 The following shall be Compensation Events unless they are caused by the Contractor:
a) The Engineer orders a delay or delays exceeding a total of 30 days.
b) The Employer does not give access to a part of the Site before the Site Possession Date as stated
by the Employer/ Engineer.
c) The Employer modifies the schedule of other Contractors in a way which affects the work of the
Contractor under the contract.
d) Ground conditions are substantially more adverse than could reasonably have been assumed
before issuance of Letter of Acceptance from the information issued to Bidders (including the
Site Investigation Reports), from information available publicly and form a visual inspection of
e) The Engineer gives an instruction for dealing with unforeseen conditions, caused by the
f) Other contractors, public authorities, utilities or the Employer does not work within the dates and
other constraints stated in the Contract that cause delay or extra cost to the Contractor.
g) The Engineer unreasonably delays issuing a Certificate of Completion.
h) Other Compensation Events listed in this document.
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60.2 If a Compensation Event would prevent the Works being completed before the Intended
Completion Date, the Intended Completion Date shall be extended. The Engineer shall decide
whether and by how much the Intended Completion Date shall be extended.
60.3 In the event of delay or extension due to reasons other than the Compensation Event, the
Liquidated Damages shall apply to the Contractor.
61 Damage by storms, fire, rains or accidents:
The contractor shall take all precautions against damage by storms, fire or rains or from accidents
in protecting the works done and the materials, plants procured by him. No compensation will be
allowed to the contractor for damages to works or for his plant or materials lost or damaged by
storm, fire or rains or from any other causes. The contractor shall be liable to make good any plant
or materials of every description belonging to Owner/Employer’s loss or damages by storm, fire, or
rains or from any other causes while in charge of the Contractor.
62 Co-Operation with other construction Agencies:
The contractor shall in accordance with the requirement of the Engineer-in-charge accord all
reasonable facilities for any other contractors or piece workers engaged by the Owner/Employer
and their work in and of any other properly authorized authorities or statutory bodies who may be
employed on the execution on or near the site of any work not included in the contract or of any
contract which the Owner/Employer may enter into, in connection with ancillary works if any.
The Contractor shall conduct his work so as not to interfere with or hinder the progress or
completion of the work being performed by other contractor or piece workers or by the
Owner/Employer and shall as far as possible arrange his work and shall place and dispose of the
materials being used or removed so as not to interfere with the operations of the other contractors,
piece workers or the Owner/Employer. He shall co-ordinate his work with that of the other in an
acceptable manner and shall perform it in proper sequence to that of others.
Contractor shall have to carry out all types of liasioning with Forest Dept., DGVCL, Irrigation
dept, GGCL, BSNL etc. if requirement arises to get permission to work/ shifting etc. of hindrances
which effects the project or to carryout work & shifting of unwanted elements from carriageway of
subjected work.
The contractor shall assume all liability, financial or otherwise, in connection with his contract and
shall protect and save harmless to Owner/Employer from any and all damages and claims that may
arise because of inconvenience, delay or loss, experienced by him because of the presence and
operations of other working or residing on or near the site if any. He shall assume all responsibility
for all work not completed or accepted because of the presence and operations of other contractors
or piece workers of the Owner/Employer.
63 Star Rate Difference
The star rate will be considered as per the tender of similar works of SMC and guidelines of SMC.
BASIC RATE DIFFERENCE FOR REINFORCEMENT STEEL AND, CEMENT
The amount payable/ recoverable to the contractors for the work done including use of cement and
reinforcement steel.
The fluctuation in rates of cement & steel shall be adjusted in the bills payable/recoverable to the
contractor as per the formula as under:
Cement Vc = Bc x Dc x [ (C1-Co)/Co]
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Reinforcement Steel Vs = Bs x Ds x[(S1-So)/So]
Vc /Vs = Difference of amount payable or recoverable during the quarter under
Consideration due to change in the rates for cement/reinforcement steel
Bc /Bs = Basic rate of cement Rs.5200/- per MT (Without GST) & for high strength TMT steel
Rs 53000/- per MT (Without GST) & for high strength TMT CRS steel Rs 55500/- per MT
(Without GST), Make- SAIL, TATA, RashtriyaIspat Nigam Ltd. (RINL), J.S.W. Steel Ltd.,
Electrotherm (India) Ltd, RamSwaroop,National,Gallant Metal Ltd., PolaadTMTSteel. Only)
and any amendment carried out by Surat Municipal Corporation in list of brands of Steel and
Cement during course of Execution work.
Dc = Quantity of cement actually brought by the contractor on site of work for bonafide use.
Ds = Quantity of reinforcement steel actually brought by the contractor on site of work for
CI/SI = The (monthly) average corresponding index for cement/reinforcement steel etc. for the
month in which goods are received at site (Date of delivery chalan). Index as published on
website of Office of Economic Advisor (OEA).
Co/So = Price Index of cement/reinforcement etc. for the month in which the tender documents
are received, (as published on website of Office of Economic Advisor (OEA)).
1. No ceiling for escalation for difference of Cement/reinforcement steel will be applicable.
2. This clause shall be operative from the date of issue of work order and up to the expiry of
original and extended time limit.
3. This formula shall be individually for individual item for cement/reinforcement steel etc. for
calculating adjustment.
4. If during progress of work or at the time of completion of work, it is noticed that any
material brought at site is in excess of requirement (actual consumption), then amount of
escalation if paid earlier on such excess quantity of material shall be recovered on the basis of
cost indices as applied at the time of payment of escalation or as prevailing at the time of
effecting recovery, whichever is higher.
5. Following table should be used for computation of the Star Rate difference. The sub groups
consider for the Cement and Steel are “Steel long” and “Grey Cement” The subgroup for
cement and steel shall be taken based on the base year 2011-12 and those shall be “Mild steel
long products” and “Ordinary Portland Cement”
Items Mention in Tender Corresponding reference in RBI Indices
For Reinforcement Steel / HYSD “Mind steel long products”
“Ordinary Portland Cement”/ Portland
Pozzolana Cement
BASIC RATE DIFFERENCE FOR BITUMEN.
Star Rate for VG-30 Bitumen= 66,900.00 + GST/MT
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Actual Net Rate
Amount as per Star Rate
Gate as included Star Rate
Sr. Vehicle Weight as per Gate Pass Gate Pass Difference
Date Pass in Difference
No. No. (MT) with GST & (With GST Amount
No. Tender/MT (Rs.)/MT
Discount & (Rs.)
(Rs.) Discount)/MT
Conditions for variation in rates of Bitumen/Asphalt: -
1. The Contractor shall procure asphalt directly only from HPCL/IOCL/BPCL or any other
2. The Contractor will have to produce in original all the gate passes issued by the refinery and
also the bill in original to the Engineer-in-charge.
3. The number of transport tanker carrying the asphalt shall be furnished by the contractor.
4. The test certificate regarding the grade of asphalt as well as test result of asphalt shall have to
5. The difference between the actual rates of purchase as per original bill of the refinery produced
and the star rate shown above in this shall be payable / recoverable for the quantity of asphalt
actually used in this work. This difference shall be payable/ recoverable for the asphalt
consumed in the work executed during original & extended time limit, if time limit is extended
for reasons of delay attributable to the Department. This difference shall not be payable for the
work executed in extended time limit, when extension is given for the reason of delay
attributable to the contractor.
6. The difference will be-payable/recoverable from the date of issue of work order and this star
rate difference will not be subjected to any ceiling.
7. No advance payment or secured advance will be payable against asphalt/bitumen to contractor.
8. The Discount provided by the refineries on bitumen shall have to the passed onto the SURAT
MUNICIPAL CORPORATION. The same shall be calculated along with calculating star rate
difference amount.
Cement, Reinforcement steel and other materials:
The cement and steel shall not be issued by SMC
1. Maximum ceiling of escalation shall be up to 7.5 % of the tender amount only.
2. Details of penalty is mentioned in Schedule A.
3. If liquidated damages/work delay penalty to be imposed then price escalation for that
period shall not be payable.
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E. Finishing the Contract
64 Completion Certificate/ Final Certificate
64.1 Test on Completion
a) At least 20 (Twenty) days prior to likely completion of Project/ Works or any parts thereof, the
Contractor shall notify the Employer/ Engineer to its intent subject to Project/ Works or any
parts thereof to Test. The date and time of each of the Tests shall be determined by the Engineer
in consultation with the Contractor to carry out Tests. The Contractor shall provide such
assistance as Engineer or authorized representative of the Employer may reasonably require for
conducting the Tests.
b) All Tests shall be conducted as per clause 48of GCC. The Engineer shall observe, monitor and
review the results of the Tests to determine compliance of the Project/Works with Technical
Specifications and Designs and if it is reasonably anticipated or determined by the Engineer
during the course of any Test that the performance of the Project or any part thereof does not
meet the Technical Specifications or Design Specification, it shall have the right to suspend or
delay such Test and require the Contractor to remedy and rectify the defects or deficiencies.
Upon completion of each Test, the Contractor shall provide to the Engineer copies of all Test
data including detailed Test results. For the avoidance of doubt, it is expressly agreed that
Engineer may require the Contractor to carry out additional Tests, in accordance with Good
Industry Practice, for determining the compliance of the Project with Technical Specifications
c) The cost of Tests shall be borne by the Contractor.
64.2 Completion Certificate
a) Upon completion of Works and Engineer determining the Tests to be Successful and no defect to
be found during the joint inspection and thereafter acceptance report be signed jointly by the
contractor and the Engineer. This joint acceptance report shall be treated as “Completion
b) The Completion Certificate shall be issued / (i.e., Joint Inspection Report shall be signed) subject
to clearance of site specified in Clause 64.4 of this GCC, the defects any pointed out by the
Engineer shall be rectified by the contractor to the satisfaction of Engineer. The engineer may
perform required test on whole/part of construction site/items when he has doubt about the
quality of work and the cost of such test shall be borne by the contractor.
64.3 Rescheduling of Test
a) If the Engineer certifies to the Employer and Contractor that it is unable to issue Completion
Certificate because of events or circumstances on account of which the Tests could not be held
or suspended, the Contractor shall be entitled to re- schedule the Tests and held the same as soon
as reasonably practical. All the cost of Test shall be borne by the Contractor.
64.4 Clearance of Site
a) All unused materials and all plants, implements not removed by the contractor within two
months of the completion date of the works or extension granted if any, it shall become the
property of Owner/Employer and the contractor shall not entitled to any payment or
compensation whatever in respect thereof, except for any sum actually realized by the sale
thereof, less the Owner/Employer’s other expenses incurred in transporting, storing in safe
custody there of etc.
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b) The Works shall be deemed to be considered complete only after the Contractor shall have
removed the debris, surplus material, machineries, scaffolding from the Project Site upon
completion of work. The Contractor is responsible for clearing the site from all debris and
surplus materials.
c) If the contractor shall fail to comply with requirements of this clause as to the removal of
scaffolding surplus materials and rubbish and cleaning off dirt on or before the date fixed for the
completion of the work, the Engineer-in-Charge may at the expense of the contractor remove
such scaffolding, surplus material and rubbish and dispose of as the thinks fit and clean off such
dirt as aforesaid and the contractor shall forth with pay the amount off all expenses so incurred
but shall have no claim in respect of any such scaffolding or surplus materials as aforesaid
except for any sum act by realized by the sale thereof.
64.5 Taking Over
a) The Employer shall take over the Site and the Works within seven days of the Engineer's issuing
a certificate of Completion. The Contractor shall continue to remain responsible for its
maintenance during the Defect Liability Period.
65 Defect Liability Period
a) The Defect Liability Period for Cement Concrete Road, Bituminous Road Work, Pavement
Quality Concrete (PQC)is 60 months and for footpath, walkway, parking & seating and Cycle
Track Work 12 months and for road signages 12 Months and for street lighting & electrical
works and Horticulture 6 months and for remaining work specified in BOQ will be 12 Months
from the date of completion of entire project and Defect Liability Period for defected panels of
PQC is 84 months from date of awarding certificate of work completion.
b) The Contractor shall be responsible for all Defects/ deficiencies during the Defect Liability
Period cum Maintenance Period and remedy at his own expense any defect or deficiencies on
account of regular wear and tear, regular repair and maintenance requirements which may be
notice or observed by Engineer/Contractor. The Contractor shall also be responsible for
repair/maintenance required owing to accident and vandalism at a cost of Employer, which may
be noticed or observed by Engineer during the Defect Liability Period cum Maintenance Period.
c) Employer shall issue Indent/Maintenance Notice during the Defect Liability Period cum
Maintenance Period specifying the need for repair & maintenance work (the “Indent”). Such
Indent shall be in writing and shall also specify the types of Works to be carried out and also
Intended Completion Date of all such Work. It will also specify work arises owing Vandalism
and Accident or regular defects in initial work, manufacturing defect or requirement of regular
maintenance. The decision of Engineer in charge shall be final. All such Work shall be
completed in an Intended Completion Date specified in the Indent after consulting the
contractor. However, the decision of Employer/ Engineer-in-charge shall be final in this regard.
Any breach or delay in work shall be resulted in to damages. Damages shall be commensurate
with types of breach.
d) The Contractor is further also required to carry out weekly inspection of the site during the
Defect Liability cum Maintenance Period and send a weekly inspection report to Engineer-in-
charge. The Contractor shall indicate status of elements, need of maintenance/repair/replacement
and name, designation and contact details of Supervisor deployed for daily Inspection. The
format of the Inspection Report shall be finalized in consultation with SMC Engineer. The
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engineer shall also give the contractor a notice through phone calls/email/fax writing about the
defect and contractor shall make rectify the same if urgent/critical need of rectification arise.
e) The Contractor is required to carry out repair and maintenance work as per the Indent and in
conformity with Technical Specification in time period specified in clause 65 (c) above.
f) The contractor shall be obliged to regular maintenance and repair, during this Defect liability
cum maintenance period, and keeping the Project/Works in proper condition through repair or
remedy of any defective, broken, or worn-out parts or elements of the works, irrespective of
whether this requirement is owing to defect of initial works, wear and tear, vandalism, of any
other reason. The cost of repair and maintenance shall be Bourne by the Contractor except for
the vandalism and accidents. The decision of Engineer-in-charge shall be final in establishing the
fact that vandalism or accident has been incurred or not.
g) Upon completion of Works specified in Indent/Maintenance Notice and Engineer determining
the Tests to be Successful and all the defects/unsatisfactory work/poor quality work has been
remedied pursuant to clause 47 and 48 of GCC, Engineer-in-charge in charge shall proceed for
payment for repair and maintenance work arise owing to vandalism and accident.
h) The Contractor is required to maintain adequate inventory of material/consumables as prescribed
in relevant Technical Specification and BOQs and as directed by the Engineer-in-charge and
complete the repair and maintenance Work in time period as per the clause above.
i) Upon completion of repair/ maintenance work, Contractor is required to clear the Project Site
from the debris and additional consumables immediately.
j) The Contractor is required to take appropriate safety measures and ensure the safety of its
employee and users of the Project Site during the Construction and Repair& Maintenance Period
as per the relevant clause of GCC and Technical Specification.
k) In the case of failure on the part of the contractor, the Engineer-in-charge may rectify or remove
or re-execute the work at the risk & cost of the Contractor. The Engineer-in-charge shall be
entitled to appropriate the whole or any part of the amount of security deposit (i.e Performance
Security) or from the outstanding bills towards the expenses, if any, incurred by him in
rectification, removal of defects to the satisfaction of Engineer. The Engineer-in-charge may
impose penalties for non-rectification of defects or liabilities in specified time period. The
amount of penalties shall be commensurate with types of breach.
l) Even after repeatedly(maximum three times) directed by Engineer if Contractor shall not take
any action towards remedy or fully rectify the defects without any valid reason, in such events,
Engineer-in-charge shall terminate the contract and forfeit Performance Guarantee (i.e., Security
66 Remedy of Defects or Poor-Quality Work During the Defect Liability Period
66.1 The Contractor shall be responsible for maintenance of the Works/Project till the Defect Liability
If, at any time before the expiry of Defect Liability period , It shall appear to the Engineer-in-
charge or his sub-ordinate in charge of the work that/ any work has been executed unsound,
imperfect or unskilled workmanship or with materials of inferior quality or that any materials or
articles provided by him for the execution of the work are unsound, or of a quality inferior to that
contracted for or are otherwise not in accordance with the contract, it shall be lawful for the
Engineer-in-charge to intimate this fact in writing to the contractor and then notwithstanding the
fact that the work; materials or articles complained of may have been passed, certificate and paid
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for the contractor shall be bound forthwith to rectify, or remove and reconstruct the work so
specified in whole or in part as the case may require, or if so required, shall remove the materials
or articles so specified in whole or in part and provide other proper and suitable materials or
articles at his own charge and cost, and in the event of his failing to do so within a period to be
specified by the Engineer-in-charge in the written intimation aforesaid, the Engineer- in- charge
may take following actions.
a) The Engineer-in-charge may rectify or remove, and re-execute the work or remove and
replace the materials complained of as the case may be at the risk and expense in all respects
of the contractor and in such events the contractor shall be liable to pay compensation in
addition to the cost of rectification at the rate of one percent on the amount of the estimate of
the rectification for every day not exceeding ten days.
b) To employ labour paid by the Employer and to supply material and carry out the work or any
part of the works, debiting the Contractor with the cost of the labour and the price of the
materials (as to the correctness of which cost and price the certificate of the Engineer shall be
final and conclusive against the Contractor) and crediting him with the value of the work
done, in all respects in the same manner and at the same rates as if it had been carried out by
the Contractor under the terms of this contract, and in that case the certificate of the Engineer
as to the value of the work done shall be final and conclusive against the Contractor.
c) Employ another Contractor and any expenses may be incurred shall be borne and paid by the
original Contractor and shall be deducted from any money due to him by Employer under the
contract or otherwise or from his security deposit or the part thereof.
66.2 In the event of any of above course specified in clause above being adopted by the Engineer the
Contractor shall have no claim to compensation for any loss sustained by him by reason of his
having purchased or procured any materials or entered into any engagements or any advance on
account of or with a view to the execution of the work or the performance of the contract. And in
case the contract shall be rescinded under the provision aforesaid, the contractor shall not be
entitled recover or be paid any sum for any work therefore actually performed by him under this
contract unless and until the Engineer shall have certified in writing the performance of such
work and the amount payable in respect thereof and he shall only be entitled to be paid the
amount so certified.
67.1 In the event that any damages or need for repairs to the works arises during the defect liability
period on account of vandalism, the contractor shall be required to make good the damages and
repair and rectify the works at the cost of the Employer. The contractor may claim re-
imbursement of the cost for such repair and rectification calculated at the rate approved for such
work by the Employer at the time of award of tender.
68 Certificate of Performance
a) The Contractor shall request the Engineer within 28 (Twenty-Eight) days after the completion of
Defect Liability Period, to issue a Certificate of Performance (the “Certificate of Performance”)
of completion of all maintenance obligation during the Defect Liability Period in accordance
with the terms of Contract. The Engineer shall issue Certificate of satisfactory Performance upon
deciding that Maintenance Works were completed and effects, if any, brought to the Notice of
the Contractor under the Defect Liability Period have been Remedied.
69 Maintenance during the Defect Liability Period
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a) During the Defect Liability Period, the Contractor shall maintain the Project/ Works in
accordance with the Best Industry Practice, Technical Specifications and terms specified in the
b) The Contractor is obliged to undertake routine maintenance including prompt repairs of the
Works (i.e., structures and any other components).
c) The Contractor shall comply with all Safety requirements specified in Technical Specifications,
relevant MORTH guidelines and IRC guidelines.
d) The Contractor shall comply with the Maintenance Standards specified in the Maintenance
Manual and Monthly maintenance programme during the Defect Liability Period.
e) The Contractor shall carry out the maintenance of Works in a manner so as to minimum
disruption of the Traffic.
f) The Contractor shall carry out joint maintenance inspection every month during the Defect
Liability Period and undertake the maintenance work accordingly.
g) The Maintenance work shall be as per the satisfaction of Engineer.
h) In case of any Deficiencies, Defect found during the Defect Liability Period, the Contractor is
obliged to take prompt actions and remedied the Defect or Deficiencies to the Satisfaction of
70 Maintenance Manual and Drawings
a) The Contractor shall in consultation with Engineer shall prepare, Maintenance Manual before
completion of Works and incorporate any suggestions, modification received from the Engineer.
The Maintenance Manual shall be in conformity of Technical Specifications, MORTH and IRC
relevant guidelines about the Maintenance, and Good Industry Practice.
b) The Maintenance Manual shall comprise the monthly maintenance programme detailing the plans
for monthly maintenance works to be undertaken.
c) Upon completion of Works, the Contractor shall submit the "as built" Drawings and any other
information or manuals requested by Engineer on or before the period specified in such request.
d) If the Contractor does not submit the Drawings and/or manuals by the dates stated in request, or
they do not receive the Engineer's approval, the Engineer shall withhold the outstanding amount
from payments due to the Contractor.
71 Final Account
a) The Contractor shall supply the Engineer with a detailed account of the total amount that the
a) The Contractor shall supply the Engineer with a detailed account of the total amount that the
Contractor considers payable under the Contract before the end of the Defects Liability Period. The
Engineer shall issue Defect Liability Certificate after verification of rectification of any defects
found subsequent to at the Completion Date. The Engineer shall then certify any final payment that
is due to the Contractor within 60 days of receiving the Contractor’s account if it is correct and
complete. If it is not, the Engineer shall issue within 15 days a schedule that states the scope of the
corrections, additions or alterations that are necessary for the correction. The Contractor shall
resubmit the bill, with correction within 30 days of the return by the Engineer. If the Final Account
is still unsatisfactory after it has been resubmitted the Engineer shall decide on the amount payable
to the Contractor and issue a payment certificate, within 60 days of receiving the Contractor’s
revised account.
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b) Before payment of final bill on completion of the work, total amount of that work done at
b) Before payment of final bill on completion of the work, total amount of that work done at
sanctioned rate shall be considered with the total amount of work done, had it been executed at the
sanctioned rate shall be considered with the total amount of work done, had it been executed at the
rate of second lowest Bidder. While comparing total amount, quantity to be taken into
rate of second lowest Bidder. While comparing total amount, quantity to be taken into
consideration will be the quantity executed and not quantity put to tender and will also include
variation of quantity within the limit of quantity executed as per clause 51 of GCC i.e., 30% of the
estimated quantity. In case later is less the total amount of work done at sanctioned rate; than the
estimated quantity. In case later is less the total amount of work done at sanctioned rate; than the
amount of difference the two shall be deducted from the final bill before making payment. In other
words, the work when executed shall not exceed as compared to the rate of second lowest Bidder.
It may be noted that extra item shall not be included in comparing the rates with the second lowest
72 Termination in Event of Default of Contractor
Occurrence of following Events shall be considered as the Default by Contractor (the “Contractor’s
Event of Default”):
c) Repeatedly fails to carry out any obligation under the contract event after repeatedly directed by
Engineer/Employer in a reasonable time period.
d) Fails to carry out any obligation under the contract which has Material Adverse Effect for this
e) Without reasonable excuse fails -
a To commence the works on Site within the period stated in the Notice to Proceed Work
after signing the agreement or
b To proceed with the works, or any section thereof as indicated by the Employer, within
days after received notice.
f) Has failed to comply with a notice issued or an instruction issued within 28 days after having
g) Abandons the works or otherwise plainly demonstrates the intention not to continue performance
of his obligation under the contract.
h) The Contractor does not maintain a Performance Security, which is required as per terms of this
i) Sub-contracts the Value of Works exceeds the subcontracting permissible under this contract.
j) Has failed to furnish the required Performance Security or extension of its validity period thereof
as per the terms of this contract.
k) Becomes bankrupt or insolvent, goes into liquidation, has a receiving or administration order made
against him, compounds with his creditors, or carries on business under receiver, trustee or
manager for the benefit of his creditors, or if any act is done or event occurs which (under
applicable Laws) has a similar effect to any of these acts or events.
l) Change in Contractor’s Ownership during this Contract with prior consent of Employer.
m) The Contractor fails to provide insurance cover as required as per terms of this Contract.
n) The amount of Liquidated Damages exceeds the 10% of the Contract Price.
o) Contractor carries out any other activities other than the execution of Works on the Project Site.
p) Any time it is found that the Contractor has carried out Fraudulent Practice or Malpractice in
execution of Works.
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q) The Contractor fails to make any payments/damages/penalties due to Employer within period
specified in the Contract without any valid reason.
r) The Contractor repudiates this Agreement or otherwise evidences an intention not to be bound by
this Agreement.
s) The Contractor fails to accompany with the applicable laws, rules, regulation.
t) Any representation made or warranties given by the Contractor under this Agreement is found to
be false or misleading.
u) The Contractor repudiates this Contract.
v) If the Contractor, in the judgment of the Employer has engaged in corrupt or fraudulent practices in
competing for or in the executing the Contract.
(i) Corrupt practice: means the offering, giving, receiving or soliciting of anything of value to
influence the action of a public official or Engineer in the procurement process or in contract
(ii) Fraudulent practice means a misrepresentation of facts in order to influence a procurement
process or the execution of a contract to the detriment of the Employer, and includes
collusive practice.
On occurrence of any of above events or circumstances, the Employer shall provide notice to
Contractor to remedy the breach/ Default in reasonable time period specified in the notice. If the
Contractor shall not cure or remedy the default/ breach then Employer may at its sole discretion,
upon giving 15 days’ notice to the contractor, terminate the contract and expel the contractor from
The Employer’s election to terminate the contract shall not prejudice any other rights of the
Employer, under the contract or otherwise. Employer may at its sole discretion forfeit the
Performance Security and may recover from the amount due to the contractor on occurrence of any
of the Contractor’s Event of Default.
If the Contract is terminated the Contractor shall stop work immediately, make the Site safe and
secure and leave the Site as soon as reasonably possible.
After termination, the Employer may complete the Works and/or arrange for any other entities to do
so. The Employer and these entities may then use any goods, contractor’s documents and other
design documents made by or on behalf of the contractor.
73 Termination in Event of Default of Employer
Occurrence of following Events shall be considered as the Default by the Employer (The
“Employer’s Event of Default”).
a) Employer fails to handover the Project Site for carrying out Works.
b) The Employer repudiates this Contract or otherwise evidences an intention not to be bound by this
c) The Employer failed to make any payments due to the Contractor within period specified in the
Contract without any valid reason.
d) Employer or any Governmental Agency has by an act of commission created circumstances that
have a Material Adverse Effect on the performance of its obligations by the Contractor and has
failed to cure the same within 60 days of notice thereof by the Contractor.
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e) Any representation made or warranties given by the Employer under this Agreement is found to be
false or misleading.
Upon occurrence of all such events, Contractor may send notice to Employer indicating the types
of Breach/default and reasons for which progress of Woks cannot be achieved. Upon non cure of
default in reasonable time period, Contractor may upon giving 15 days’ notice to the Employer,
terminate the contract and expel the contractor from the site.
74 Termination Payment for Event of Default
a) If the Contract is terminated because of an Event of Default of Contractor then there shall not be
any Termination Payment to be paid to the Contractor.
b) If the Contract is terminated at the Employer's Event of Default or convenience then the Engineer
shall issue a certificate for the value of the work done, the reasonable cost of removal of Equipment
and the Contractor's costs of protecting and securing the Works and less advance payments
received up to the date of the certificate, less other recoveries due in terms of the Contract, and less
taxes due to be deducted at source as per applicable law. The amount derived shall be payable to
a) All Materials on the Site, Plant, Equipment, Temporary Works, and Works shall be deemed to be
the property of the Employer for use for completing balance construction work if the Contract is
terminated because of the Contractor's default, till the Works is completed after which it will be
transferred to the Contractor and credit, if any, given for its use.
b) Treasure Trove: -
In the event of the discovery by the Contractor or his employees during the progress of the works
of any treasure, coins, antiquities, fossils, minerals or other articles or things of value or interest,
whether geological, archaeological or any other such treasure or other things also like a metal,
rubble, etc. shall be deemed to be the absolute property of Owner/Employer.
The contractor shall take all reasonable precautions to prevent his workmen or any other persons
from removing such things as above and shall immediately upon discovery thereof and before
removal, acquaint the Engineer-in-charge of such discovery and carry out his orders as to the
disposal of the same which will be at the contractor’s expense.
a) The Contractor shall on behalf of the Owner/Employer shall indemnify their officers, employees
etc. against all actions, suits, claims and demands of any character brought, in respect of any matter
or thing done or omitted to be done by the contractor in the execution of or in connection with the
works of this contract and against any loss or damage to Owner/Employer his workman/labourers
in consequence, for any action or suit being brought against the contractor for anything done or
omitted to be done in the execution of the works of the contract or compensation to be paid by
contractor to his workman/labourers in consequence of accidents causing damage or loss of life of
his workman/labourers etc. All such payments made by the Owner/Employer shall be recovered
from the contractor from his dues outstanding, or remains to be paid or that which becomes
b) The Owner/Employer shall not be liable to the contractor for damages or losses of delays resulting,
from work by third parties or by injunction or other restraining orders obtained by third parties.
77 Force Majeure
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77.1 Neither party shall be to liable to the other for any loss or damage occasioned by or arising out of
Acts of God, and in particular, unprecedented Floods, volcanic eruption, earth quake or other
convulsion of nature, and other acts such as but not restricted to general strike, invasion, the act of
foreign countries, hostilities or war like operations before or after declaration of war, rebellion,
military or usurped power, strikes or boycotts (other than those involving the Contractor or their
respective employees/representatives or attributable to any act or omission of any of them) , An act
of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy,
blockade, embargo, riot, insurrection, terrorist or military action, civil commotion, or politically
motivated sabotage, Expropriation or compulsory acquisition by any Government Agency of any
Project Assets or rights of the Contractor, which prevent performance of the contract and which
could not have been for seen or avoided by a contractor or Employer (the “Force Majeure”).
77.2 On occurrence of Force Majeure Event, Parties are excused from the Performance of their
77.3 In the Event of occurrence of Force Majeure Event both the party shall try to continue to perform
their obligation stipulated in this contract. If Force Majeure Event subsists for 120 days, then either
party may by notice to other party terminate the Contract.
77.4 In the event that Parties are unable to agree in good faith about the occurrence of or existence of a
Force Majeure event, such dispute shall be finally settled in accordance with the Dispute
Resolution Procedure; provided that the burden of the proof as to the occurrence of Force Majeure
Event shall be upon the Party claiming relief and/or excuse on account of such Force Majeure
Termination of the Contract (a) shall not relieve the Contractor or Employer of any obligations
hereunder which expressly or by implication survives Termination hereof, and (b) except as
otherwise provided in any provision of the Tender expressly limiting the liability of either Party,
shall not relieve either Party of any obligations or liabilities for loss or damage to the other Party
arising out of or caused by acts or omissions of such Party prior to the effectiveness of such
Termination or arising out of such Termination.
79 No Refund of quarry fees and royalties
All quarry fees and royalties shall be paid by the contractor. All octroi, taxes shall also be paid
by the contractor according to the rules in force at the time and no refund shall be given.
80 Construction and Demolition Waste (C & D Waste)
Responsibility of contractor under Construction and Demolition Waste (C & D Waste) rues
a) Contractor shall remove all construction and demolition waste and clean the area every day,
if possible, or depending upon the duration of the work, the quantity and type of waste
generated, appropriate storage and collection, and for that reasonable timeframe shall be
worked out in consultation with engineer in charge of the project.
b) If it's found that contractor is irregular and showing negligence to management of C & D
Waste, then engineer in charge is empowered to disposed the said C & D Waste through
Surat Municipal Corporation Authorized C & D Waste Contractor/agency named Surat
Green precast pvt ltd. All the necessary expenditure made towards disposal of this C & D
Waste shall be recovered from the contractor at actual.
c) Contractor should have to bear the expenses towards management of C & D waste
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