TENDER NO.

: GMRC/CIVIL MAINTENANCE/NS/PH‐1/2023 Special Conditions of Contract

TENDER NOTIFICATION NO.

GMRC/CIVIL MAINTENANCE/NS/PH-1/2023

General Civil Maintenance of Viaduct N-S Corridor- 2 including 6 Stations (Shreyas

transition span – Paldi, Paldi – Gandhigram , Gandhigram- Old High Court, Old High
Court- Usmanpura, Usmanpura – Vijay Nagar, Vijay Nagar – Vadaj Station) of
Gujarat Metro Rail Corporation Ltd Phase-1

TENDER NO.: GMRC/CIVIL MAINTENANCE/NS/PH-1/2023

VOLUME-2

SPECIAL CONDITIONS OF CONTRACT

Gujarat Metro Rail Corporation (GMRC) Limited

(SPV of Govt. of Gujarat and Govt. of India)

Formerly known as Metro Link Express for Gandhinagar and Ahmedabad (MEGA) Co. Ltd.

Block No.1, First Floor, Karmayogi Bhavan, Behind Nirman Bhavan, Sector

10/A, Gandhinagar: 382010,

Gujarat, India

Corporate Identification No (CIN): U60200GJ2010SGC059407

Page 1 of 22
TENDER NO.: GMRC/CIVIL MAINTENANCE/NS/PH‐1/2023 Special Conditions of Contract

Special condition of contract

These Special Conditions of Contract (SCC) will supersede the corresponding

provision of General Conditions of Contract (GCC) wherever there is any
contradiction between the two. GCC clause shall remain in force unless the same is
modified, altered, substituted partially or fully by the provisions/
clauses/explanations furnished in the SCC.

1 Sub-Clause 1.4 Contract Agreement

The Form of Contract Agreement shall be in the format given in
Annexure – 17 of Instructions to Tenderers (ITT – Volume 1).

1.1 Sub-Clause 1.5 Priority of Document

The documents forming the Contract are to be taken as mutually
explanatory of one another. If there is an ambiguity or discrepancy in
the documents, the Engineer shall issue any necessary clarification or
instruction to the Contractor, and the priority of the documents shall be
as follows:
(a) The Contract Agreement;
(b) The Letter of Acceptance;
(c) Addenda
(d) Form of Tender
(e) The Special Conditions of Contract;
(f) The General Conditions of Contract;
(g) BOQ/Payment schedule
(h) Technical Specifications
(i) Tender Drawings
(j) The Employer’s Requirements
(k) NIT
(i) ITT
(m) The Contractor’s Proposal; and
(n) Any other document forming part of the Contract.

2 Sub-Clause 3.2 Functions of Engineer

In addition to the duties mentioned in Clause 3.2 of General
Conditions of Contract:
(i) shall watch and inspect the Works, monitor the test results and
examine any material to be used and workmanship employed
by the Contractor in connection with the Works;
(ii) shall carry out such duties and exercise such powers vested in
the Engineer in accordance with the provisions of the
Contract;
(iii) shall issue instructions which in his opinion are

Page 2 of 22
TENDER NO.: GMRC/CIVIL MAINTENANCE/NS/PH‐1/2023 Special Conditions of Contract

necessary for the execution of the Works; and

(iv) may issue any other instruction which in his opinion is
desirable in connection with the Works.
In case The Engineer is employee of any agency hired by the
Employer, the Engineer shall take the approval of the Employer for all
technical and financial matters otherwise he shall be deemed to have
taken the approval of the Employer.

3 Sub-Clause 4.2.4 Guarantees, Warranties and Undertakings

The forms of Contractor warranty shall be in the format given in
the Annexure – 16 of ITT. If the contractor comprises two or
more members / corporations acting in partnership, joint venture,
consortium or otherwise each such member or corporation shall
submit a Parent Company Undertaking (as per format given in
Annexure – 18 of ITT) and Parent Company Guarantee (as per
format given in Annexure – 19 of ITT).
4 Sub-Clause 4.5 Sub-Contractors
The sub-contracting, excluding design work shall be limited to
50% of the Contract Value. The value of a sub-contract, other
than for Design work as when awarded, should be intimated by
the Contractor to the Engineer and it should also be certified that
the cumulative value of the sub-contracts awarded so far is
within the aforesaid limit of 50%. A copy of the contract between
the Contractor and Sub-Contractor shall be given to the
Engineer within 15 days of signing and in any case 7 days
before the Sub Contractor starts the Work and thereafter the
Contractor shall not carry any modification without the consent in
writing of the Engineer. The terms and conditions of sub-
contracts and the payments that have to be made to the sub-
contractors shall be the sole responsibility of the Contractor. Payments
to be made to such sub-contractors will be deemed to
have been included in the Contract price. However, for
major sub-contracts (each costing over Rs. Five Million),
it will be obligatory on the part of the Contractor to obtain
consent of the Employer. The Employer will give his consent
after assessing and satisfying himself of the capability,
experience and equipment resources of the sub-contractor.
In case the Employer intends to withhold his consent, he
should inform the Contractor within 15 days to enable him to
make alternative arrangements to fulfil his programme.
The Contractor shall provide sufficient superintendence,
whether on the site or elsewhere, to ensure that the work to
be carried out by a sub-contractor complies with the

Page 3 of 22
TENDER NO.: GMRC/CIVIL MAINTENANCE/NS/PH‐1/2023 Special Conditions of Contract

requirements of the Contract.

In the case of sub-contracts for electrical and mechanical works,
which the Contractor intends to procure on the basis of outline
design, design briefs and performance specification, the
Contractor shall, prior to inviting tenders from sub-contractors,
submit such documents to the Engineer for review.
The proposed sub-contract terms and conditions shall impose on
the sub-contractor such terms of the Contract as are applicable
and appropriate to the part of the Works to be sub-contracted, to
enable the Contractor to comply with his obligations under the
Contract.
Notwithstanding any consent to sub-contract given by the
Engineer, if in his opinion it is consider necessary, the Engineer
shall have full authority to order the removal of any sub-
contractor from the Site or off-Site place of manufacture or
storage.

5 Sub-Clause 4.9 Site Data

The Geotechnical and other related data provided by the
Employer are based on the investigation conducted by GMRCL
and are for reference purposes only. The Tenderer should satisfy
himself with the data furnished and make his own investigations
if required for submitting his offer. Any change in design or
construction methodology later during execution on account of
change will be borne by the Contractor.
The Contractor shall not be relieved from any risk or obligation
imposed on or undertaken by him under the Contract on any such
ground or on the ground that he did not or could not foresee any
matter which may affect or have affected the execution of the
Works, or compliance with his other obligations under the
Contract..
6 Sub-Clause 4.11 Access Route
All operations for the execution of the Works shall be carried out so as
not to interfere unnecessarily with the convenience of the public or the
access to public or private roads or footpaths or properties owned by
the Employer or by any other person.

Page 4 of 22
TENDER NO.: GMRC/CIVIL MAINTENANCE/NS/PH‐1/2023 Special Conditions of Contract

The Contractor shall select routes, choose and use vehicles so that
movement of Contractor’s Equipment, Plant and Materials from and to
the Site is limited so that traffic is not delayed and damage to
highways and bridges is prevented. If there is any delay or damage or
injury, the cost of rectification or reconstruction of highways or
bridges shall be borne by the Contractor. The Contractor shall
indemnify the Employer in respect of all claims, demands,
proceedings, damages, costs, charges and expenses what so arising out
of or in relation to any such matters.
If during the execution of the Works the Contractor shall receive any
claim arising out of the execution of the Works in respect of damage
to highways or bridges, he shall immediately report the facts to the
Engineer. The Contractor shall negotiate a settlement in respect of
such claims and indemnify the Employer in respect of all claims,
proceedings, damages, costs, charges and expenses in relation thereto.
7 Sub-Clauses 4.13 Programmes
The Contractor shall prepare and submit his detailed Programme of
Work so as to achieve key dates of various activities. The Contractor
shall complete the work in a phased manner fixing priorities to the
different stretches of the work to give access to other interfacing
contracts as per the requirement of project from time to time.
The Engineer on receipt of a programme shall inform the Contractor
in writing within 21 days after receipt of the above information;
(a) that the programme has received his consent; or
(b) that the programme is rejected, in which case reasons for such
rejection shall be given; or
(c) that further information is required to clarify or substantiate
the programme or to satisfy the Engineer as to its
reasonableness, or
(d) that the programme has received his consent subject to
incorporation of comments attached to the Notice of No
Objection.
Provided that if none of the above actions is taken within the 30
day period, the Engineer shall be deemed to have given consent
to the programme submitted.

The Contractor shall, within 21 days of receiving notification

under sub-paragraphs (c) or (d) above, provide further
information requested or the programme shall be deemed to have
been rejected. The Engineer shall, within 21 days of

Page 5 of 22
TENDER NO.: GMRC/CIVIL MAINTENANCE/NS/PH‐1/2023 Special Conditions of Contract

receipt of such further information, either reject the programme

or give his consent.
In the event of a programme being rejected, or deemed to have
been rejected, the Contractor shall, within 21 days thereafter,
submit a revised programme taking account of the reasons given
for the rejection or incorporating further information requested by
the Engineer, as the case may be.
The Contractor, following receipt of consent to the Works
Programme, may at any time, submit to the Engineer an amended
version. In the event that the Engineer grants an extension of
time, instructs an Employer's Variation, or on the occurrence of
any event or happening or situation, which could materially affect
the progress of the Works, the Contractor shall submit a revised
programme to the Engineer for his consent.
If the Engineer feels that there is a significant deviation between
the actual or anticipated progress of the Works and the Works
programme, the Engineer may require the Contractor to submit a
revised/modified programme to ensure timely completion of
Whole of Works or a Key Date or a milestone. The Contractor
shall submit such revised programme within 14 days of the
Employer's Representative's instruction or within such other time
as the Employer's Representative will allow in writing.
Unless and until an amended version has the consent of the
Engineer, the existing programme shall remain as the Works
Programme for all purposes of the Contract.
Consent by the Engineer to a Works Programme shall not relieve
the Contractor of any of his duties or responsibilities under the
Contract, nor in the event that a Works Programme indicates that
a Key Date has not or will not be met, constitute any form of
acknowledgement that the Contractor is or may be entitled to an
extension of time in relation to such Key Date or a Mile Stone.
Design Submission Programme (for temporary works)
The Contractor shall submit to the Engineer, the Design
Submission Programme and updated versions thereof in the form
and content and at the times prescribed in the Contract, including
the dates on which major decisions should be made.
In the second and subsequent submissions of the Design
Submission Programme, the Contractor shall not, without the
prior written consent of the Engineer:

(a) revise the description or content of any design package

Page 6 of 22
TENDER NO.: GMRC/CIVIL MAINTENANCE/NS/PH‐1/2023 Special Conditions of Contract

identified in the initial version of Design Submission

Programme;
(b) reduce the periods provided for review by the Engineer of
any submission of Design Data as set out in the initial version
of the Design Submission Programme;
(c) revise the sequence of submissions of Design Data shown in
the initial version of the Design Submission Programme.
Any amendment of the Design Submission Programme in breach
of the above requirements shall have no effect whatsoever under
the Contract.
Manufacture, Installation and Construction Methods
The Contractor shall submit complete documents and information
pertaining to the methods of manufacture, installation and
construction which the Contractor proposes to adopt or use, (and
if applicable such calculations of stresses, strains and deflections
and the like that will or may arise in the Works or to the other
works comprising the Project or any parts thereof during
installation from the use of such methods). The Engineer will
then check to see whether, if such methods are adhered to, the
Works can be executed in accordance with the Contract and
without detriment to the Works (when completed) and to other
works comprising the Project and in a manner which minimises
disruption to road and pedestrian traffic.
The Engineer shall inform the Contractor in writing within 21
days after receipt of the above information;
(a) that the Contractor's proposed methods of manufacture,
installation and construction have the consent of the
Engineer; or
(b) in what respects, in the opinion of the Engineer the
Contractor's proposed methods of manufacture, installation
and construction:
(i) fail to comply with the Employer's Requirements
and/or the Definitive Design and/or the Final Design;
(ii) would be detrimental to the Works and/or to the
other works comprising the Project;
(iii) do not comply with the other requirements of the
Contract; or
(c) as to the further documents or information which are required
to enable the Engineer to properly assess the proposed
methods of manufacture, installation and

Page 7 of 22
TENDER NO.: GMRC/CIVIL MAINTENANCE/NS/PH‐1/2023 Special Conditions of Contract

construction.

In the event that the Engineer does not give his consent, the
Contractor shall take such steps or make such changes in the said
methods or supply such further documents or information as may
be necessary to meet the Engineer’s requirements and to obtain
his consent. The Contractor shall not change the methods of
manufacture, installation and construction which have received
the Engineer’s consent without further review and consent in
writing of the Engineer.
Notwithstanding the foregoing provisions of this Clause, or that
certain of the Contractor's proposed methods of manufacture,
installation and construction may be the subject of the consent of
the Engineer, the Contractor shall not be relieved of any liability
or obligation under the Contract.

8 Sub-Clauses 4.16 Safety Precautions

and 6.7 Within 8 weeks of the date of Notice to Proceed, the Contractor
shall submit a detailed and comprehensive contract-specific Site
Safety & Health Plan based on the Conditions of contract on
Safety & Health and Environment. The Contractor is required to
make himself aware of all the requirements of the Conditions of
contract on Safety & Health and Environment in this regard and
comply with them. The Site Safety & Health Plan shall include
detailed policies, procedures and regulations which, when
implemented, will ensure compliance with Sub-Clauses 4.16 and
6.7 of General Conditions of Contract.
The Contractor shall, from time to time and as necessary or
required by the Engineer, produce supplements to the Site Safety
& Health Plan such that it is at all times a detailed,
comprehensive and contemporaneous statement by the Contractor
of his site safety and health obligations, responsibilities, policies
and procedures (under the laws of India) or as stated in the
Contract or elsewhere relating to work on Site.
If at any time the Site Safety & Health Plan is, in the opinion of
the Engineer, insufficient or requires revision or modification to
ensure the security of the Works and the safety of all workmen
upon, and visitors to the Site, the Engineer may instruct the
Contractor to revise the Site Safety & Health Plan. The
Contractor shall, within 14 days, submit the revised plan to the
Engineer for review.
Any omission, inconsistency or error in the Site Safety & Health
Plan or the Engineer concurrence or rejection of the

Page 8 of 22
TENDER NO.: GMRC/CIVIL MAINTENANCE/NS/PH‐1/2023 Special Conditions of Contract

Site Safety & Health Plan and/or supplements thereto shall be

without prejudice to the Contractor's obligations with respect to
site safety and health and shall not excuse any failure by the
Contractor to adopt proper and recognised safety practices
throughout the execution of the Works.
The Contractor shall adhere to the Site Safety & Health Plan and
shall ensure, that all sub-contractors of all tiers have a copy of the
Site Safety & Health Plan and comply with its provisions.
The obligations and requirements for safety and health under this
Contract are entirely without prejudice to, and do not derogate
from, the Contractor’s statutory obligations, with respect to safety
and health.

Extension of 8.4
Time for
Completion The Extension of time will be discretion of GMRC only for
completion of work without extra cost to be payable to bidder.

9 Sub-Clause 4.17 Protection of the Environment

Outline Environment Plan means the environment plan forming
part of the Tender, setting out, in summary form, the Contractor's
proposed means of complying with his obligations in relation to
environment quality. Site Environment Plan means the site
environment plan including all supplements thereto, or any
amended or varied version thereof, as submitted by the
Contractor in accordance with Conditions of contract on Safety &
Health and Environment and which has received the Engineer’s
consent. The Site Environment Plan shall include detailed
policies, procedures and regulations which, when implemented,
will ensure compliance with this Clause. The Contractor is
required to make himself aware of all the requirements of the
Conditions of contract on Safety & Health and Environment, in
this regard and comply with them.
Within 8 weeks of the date of the Notice to Proceed, the
Contractor shall submit a detailed and comprehensive Site
Environment Plan based on the Conditions of contract on Safety
& Health and Environment, and shall include such further
material, which the Contractor considers necessary and relevant.
Upon the Engineer notifying his consent to the Site
Environmental Plan, or any supplemental part thereof, the
Contractor shall adhere to the principles and procedures

Page 9 of 22
TENDER NO.: GMRC/CIVIL MAINTENANCE/NS/PH‐1/2023 Special Conditions of Contract

contained in such document save to the extent that the Engineer

may give his consent to any amended or varied version thereof.
The Contractor shall provide all necessary access, assistance and
facilities to enable the Engineer and the Employer to monitor and
conduct tests to verify that the Site Environment Plan is being
properly and fully implemented.
“The penalties imposed, if any, by statutory requirement under
the applicable law for provision, if higher than values mentioned
in Clause 30 of SHE Manual, the higher value shall be recovered
from the contractor. However, two penalties for same offence
shall not be imposed”.

10 Sub-Clause 4.19 Employer Supplied Machinery and Materials

The Employer will not provide any machinery or materials
under the Contract.

11 Sub Clause 4.27 Security of the Site

The Contractor shall take all measures necessary to ensure such
security, including exercising control over all persons and
vehicles which are employed or engaged on the Site or in
connection with the Works or the other works comprising the
Project and with the security arrangements applicable to any other
site within the Project.
The Contractor shall arrange the issue of passes for the admission
of all persons and vehicles to the Site or to any part thereof and
may refuse admission to or remove from the Site any person or
vehicle failing to show an appropriate pass on demand to any
duly authorised person.
If required by the Engineer, the Contractor shall submit a list
identifying all persons to whom passes have been issued together
with two photographs of each person and all entities to which a
pass has been issued in respect of any vehicle and shall satisfy the
Engineer of the bonafides of any such person or entity.
The Contractor shall not, without the written permission of the
Engineer or otherwise in accordance with the Contract, allow
access to the Site to any person unless the presence on Site of
such person is necessary in connection with the execution of the
Works or with the discharge of the duties of any relevant
authority.
The Contractor, after obtaining any necessary consent from any
relevant authority, shall submit to the Engineer

Page 10 of 22
TENDER NO.: GMRC/CIVIL MAINTENANCE/NS/PH‐1/2023 Special Conditions of Contract

proposals showing the layout of pedestrian routes, lighting, signs,

and guarding any road opening or traffic diversion which may be
required in connection with the execution of the Works and
which the Contractor intends to construct. Any consent given by
the Engineer to such proposals shall not relieve the Contractor of
any obligation under the Contract or absolve the Contractor from
any liability for or arising from such proposals or the
implementation thereof.
All lights provided by the Contractor shall be so placed or
screened as not to interfere with signs, signals or lights. The
Contractor shall not in any way obscure or affect signs, signals or
lights, in use by any relevant authority. In the event that the
Contractor does so, the Contractor shall pay all costs associated
with the re-setting, re-instating or provision of alternatives for
any sign, signal or light, obscured or affected.
For the purposes of this Clause only, "Site" shall include off- Site
places of manufacture or storage and the Contractor's Work Areas
and shall include, areas provided to the Contractor by others.

12 Sub- Clause 5.1 Special Requirement

The Design and Construction Standards shall be in conformity
with the requirements of "Rules for Opening of a Railway or a
Section of a Railway for Public Carriage of Passengers” and
"Rules for Introduction of New Type of Rolling Stock" and to the
satisfaction of the Commissioner of Metro Railway Safety whose
sanction is mandatory for commissioning of the System.
Technology Transfer
The Contractor shall provide the Transfer of Technology as
stipulated in tender document. The Contractor shall use
indigenous Materials to the maximum extent and shall use non-
Indian substitutes only if Indian materials do not fit the
requirements and/or are costlier.
13 Sub-Clause 5.3 Submission of Documents (Other than Design Data)
The Contractor shall submit drawings and documents, as required
by the Contract, to the Engineer in accordance with any submittal
schedule agreed with the Engineer. This submittal shall be made
sufficiently before the Works are to be carried out to give the
Engineer and the Employer reasonable time to examine the
drawings or other documents, to prepare comments and for any
changes to be accommodated by the Contractor.

Page 11 of 22
TENDER NO.: GMRC/CIVIL MAINTENANCE/NS/PH‐1/2023 Special Conditions of Contract

Where the consent of the Engineer is required, the Engineer shall

notify the Contractor in writing of his decision either within such
period as may expressly be stipulated in the Contract or otherwise
within a reasonable time.
If the Engineer has reasonable cause for being dissatisfied with
the proposals set out in the Contractor's drawings or documents,
the Engineer shall, within a period of 28 days from the date of
submittal, require the Contractor in writing to make such
amendments thereto as the Engineer may consider necessary. The
Contractor shall make and be bound by such amendments at no
additional expense to the Employer and shall resubmit the
amended drawings or documents for Engineer’s consent.
Within 14 days of notification of the Engineer’s consent the
Contractor shall provide the Engineer with the type and number
of sets of the relevant drawings or documents as stipulated in the
Employer’s Requirement.
Should it be found at any time after notification of consent that
the relevant drawings or documents do not comply with the
Contract or do not agree with drawings or documents in relation
to which the Engineer has previously notified his consent, the
Contractor shall, at his own expense, make such alterations or
additions as, in the opinion of the Engineer, are necessary to
remedy such non-compliance or non-agreement and shall submit
all such varied or amended drawings or documents for the
consent of the Engineer.

No examination by the Engineer of the drawings or documents

submitted by the Contractor, nor any consent of the Engineer in
relation to the same, with or without amendment, shall absolve
the Contractor from any of his obligations under the Contract or
any liability for or arising from such drawings or documents.
The Operation and Maintenance Manuals and drawings submitted
by the Contractor shall, if required, be updated by him during the
Defects Liability Period and re-submitted for review by the
Employer’s Representative.
Submission of Design Data
In the case of submissions subsequent to the Definitive Design,
the Design Data shall be in accordance with Employer's
Requirements and the Definitive Design.
The Contractor shall submit to the Engineer all Design Data,
together with the relevant Design Certificates certified by the

Page 12 of 22
TENDER NO.: GMRC/CIVIL MAINTENANCE/NS/PH‐1/2023 Special Conditions of Contract

Contractor, on or before the respective dates for submission

shown on the Design Submission Programme or, as the case may
be, the Works Programme. In the event that a re- submission of
Design Data is required, such re-submission shall be made as
soon as practicable after the receipt of the relevant statement of
objections.
All submissions of Design Data shall include the copies as
stipulated in the Employer's Requirements.
Following receipt of a submission of Design Data the Engineer
shall, within 28 days, return one copy of the Design Data to the
Contractor, together with either a Notice of No Objection, or a
statement of objections which shall identify the aspects of the
Design Data which do not conform to the above requirements. If
the Engineer returns any Design Data with a Notice of No
Objection, the Contractor shall proceed with the Works in
accordance with the Contract.
If the Engineer provides that revisions to a submission of Design
Data are appropriate but that such revisions are of minor design
significance, the Engineer may issue a Notice of No Objection
subject to an appended schedule of comments identifying the
relevant revisions. The Contractor shall revise such Design Data
in accordance with such comments but shall not be obliged to re-
submit such Design Data solely on account of such revisions.
If the Engineer returns any Design Data with a statement of
objections the Contractor shall revise the Design Data to take
account of the stated objections and re-submit such Design Data
to the Engineer, together with new Design Certificates signed by
the Designer and the Contractor.
The issue of a Notice of No Objection in relation to any
submission of Design Data shall be entirely without prejudice to
the review of subsequent submissions of Design Data or to any
subsequent request for a Contractor's Variation, and shall not
bind or fetter the Engineer in any manner whatsoever when
deciding whether or not to raise objections in relation to any
subsequent submission of Design Data or when dealing with a
subsequent request for a Contractor's Variation.
Neither an objection raised to the Design Data nor revisions of
minor design significance under this Clause will, under any
circumstances, constitute an Employer's Variation.
14 Sub-Clause 6 Staff and Labour

Training of contractor’s Employees/Staff/Workers

Page 13 of 22
TENDER NO.: GMRC/CIVIL MAINTENANCE/NS/PH‐1/2023 Special Conditions of Contract

As per Conditions of contract on Safety & Health and

Environment.

15 Sub-Clause 6.7 Health and Safety

As per Conditions of contract on Safety & Health and

Environment.

16 Sub-Clause 7.0 Quality Control

Within 28 days of the issue of the Notice to Proceed, the
Contractor shall submit to the Engineer, for his consent, his
proposed Site Quality Plan based on the Outline Quality Plan and
the Employer's Requirements.
The quality manual should address the quality system as required
by ISO 9001-2015. Any supplement to the Site Quality Plan shall
be submitted at least 14 days before commencement of the
relevant work.
Upon the Engineer notifying his consent to the Site Quality Plan,
or any supplement thereto, the Contractor shall, adhere to the
principles and procedures contained in such document, except
where the Engineer gives his consent to any amended or varied
version thereof. The Contractor shall cause any sub-contractors to
adhere to this Plan.
The Contractor shall appoint a suitably qualified and experienced
person, not otherwise engaged in the performance of the Contract,
to act as manager of the quality assurance system and shall
provide such other personnel and resources as required to ensure
effective operation of the quality assurance system. The said
manager shall carry out audits of the application of the quality
assurance system, and ensure effective quality control and
delivery of quality assurance.
The Contractor shall provide all necessary access, assistance and
facilities to enable the Engineer to carry out surveillance visits
both on and off the Site to verify that the quality assurance
system is being properly and fully implemented. No extra
payment shall be made in this regard and the cost of the Work
under this element shall be deemed to be included in the Contract
Price.

17 Sub Clause 7.6 Rejection

Any rejected/ non-conforming material shall be removed from

site within 72 hours by the Contractor provided no retesting of
material has been permitted by the Engineer.

Page 14 of 22
TENDER NO.: GMRC/CIVIL MAINTENANCE/NS/PH‐1/2023 Special Conditions of Contract

18 Sub Clause 8.5 Liquidated damages for delay

The total contract value used in the GCC sub clause 8.5 for the
purpose of levy of liquidated damages on failure to achieve key
dates shall mean the ‘Total Contract Price’.

The total ceiling limit on liquidate damages is 10% of the

Contract value including liquidated damages levied under the
provision of Appendix 1 to the Form of Tender.

The payment or deduction of Liquidate damages shall not relieve

the Contractor from his obligations to complete the Works, or
from any of their other duties, obligations or responsibilities
under the Contract.

19 Sub Clause 10.1 Defect liability period

The Defect liability period (DLP) shall be 52 week
(6months)after the date of issue of the latest Taking over
Certificate for the whole of the works.
Work by persons other than the Contractor.
If by reason of any accident or failure or other event occurring to,
in, or in connection with the Works any remedial or other work
shall, in the opinion of the Engineer, be urgently necessary and
the Contractor is unable or unwilling at once to do such remedial
or other work, the Engineer may authorise the carrying out of
such remedial or other work by a person other than the
Contractor. If the remedial or other work so authorised by the
Engineer is work, which, in the Engineer’s opinion, the
Contractor was liable to do under the defect liability period
Contract, all expenses properly incurred in carrying out the same
shall be recoverable by the Employer from the Contractor,
provided that the Engineer shall, as soon after the occurrence of
any such emergency as may be reasonably practicable, notify the
Contractor thereof in writing.

20 Sub-Clause 11.1.3 Price Variation

Not Used.

21 Sub-Clause 11.1.4 Changes in Taxes/Duty:

i. “Change in Taxes/Duties/Levies” means the occurrence or
coming into force of the following, at any time after the date of
submission of tender.
(i) any new tax which is imposed on Composite Works
Contracts applicable on Metro Project.
(ii)Change in the rate of GST on Composite Works

Page 15 of 22
TENDER NO.: GMRC/CIVIL MAINTENANCE/NS/PH‐1/2023 Special Conditions of Contract

Contracts applicable on Metro Project as per GST Act.

ii. The Contract Price shall be adjusted due to any of the above
two conditions. Adjustment in Contract Price will be applicable
up to the stipulated date of completion of the Work including the
extended period of completion where such extension has been
granted under Sub-Clause 8.4.1 of GCC or it is specifically
mentioned that extension is with adjustment for changes as stated
above.
iii. If the extension of contract period is on account of
contractor’s fault under Sub-Clause 8.4.3 of GCC, no
compensation shall be made towards upward revision towards
“Change in Taxes and Duty” as mentioned at Sl. No. (a) (i) & (ii)
above. Any benefit on account of downward revision towards
“Change in Taxes and Duty” as mentioned at Sl. No. (a) (i) & (ii)
above, during the original contract period or extended contract
period shall be on employer’s account.
iv. Any other changes (except on account of Clause (a)(i) & (ii)
above) in existing taxes/new taxes on supply of
materials/services/works etc. will not be considered and its impact
shall be considered covered in the Price Variation Clause provided
in the Contract and in Contract where Price Variation Clause is not
provided, the impact on any other change (except on account of
Clause (a)(i) & (ii) above) in existing taxes/new taxes on supply of
materials/services/works etc. will be deemed to be included in the
quoted contract price
v. Also, the Contract price shall not be adjusted on account of
fluctuations in the rates of exchange between the foreign
currencies of the Contract and Indian Rupees from the last date of
submission of tender.

22 Sub-Clause 11.2.1 (Mobilisation Advance)

Not Used.
Sub-Clause 11.2.2 (Replace existing sub-clause with the
following) Advance against Plant & Machinery
Not Used.

23 Sub-Clause 12.0 Variations

Day work
For payment of extra items, the Engineer may decide to pay on
the basis of ‘Day Work’ concept instead of paying as per
clause no. 12.5 of GCC .In such a case the Engineer may, if in
his opinion it is necessary or desirable

Page 16 of 22
TENDER NO.: GMRC/CIVIL MAINTENANCE/NS/PH‐1/2023 Special Conditions of Contract

issue an instruction that any varied work or new item of work

shall be executed on a day work basis. The Contractor shall be
then paid for such item based on the actual expenditure made
on daily basis under the terms set out in day work schedule
included in the Contract and at the rates and prices affixed by
him in the tender.
The Contractor shall furnish such receipts or other vouchers as
may be necessary to prove the amounts paid and before
ordering Materials shall submit to the Engineer the quotations
for the same for his approval The Contractor shall furnish to
the Engineer or his representative, a daily list (with name,
occupation and shift time) of all workmen deployed on the
work, in duplicate for checking and approval. The Contractor
shall submit to the Engineer a priced statement of labour,
material, plant, etc., actually used on the work, together with
the output of work at the end of each calendar month and / or
as soon as the work is completed. The payment for the new
item of work will be certified by the Engineer based on this
submission of contractor.

24 Sub-Clause 12.3 “Employer’s Variation” means a change in the Employer's

Requirements which makes necessary alteration or modification
of the Design, quality or scope of Works as described by or
referred to in the Employer's Requirements. Changes to any
sequence, method or timing of construction, manufacture or
installation and changes to any part of the Site or the Works
Areas or access thereto will not constitute Employer's Variation.

An Employer's Variation shall be requested and implemented in

accordance with and subject to the following provisions:
i. Within 14 days (or such other period as the Engineer may
allow) of the Engineer informing the Contractor in writing of
the intention to request an Employer's Variation, the
Contractor shall notify the Engineer in writing whether in his
opinion the Employer's Variation would, if ordered:
1 give rise to any entitlement to an extension of time; or
2 affect the achievement of any Milestone; or
3 give rise to any entitlement to additional payment; or
4 affect the warranties of the Contractor set out in Clause 3
of Special Conditions of Contract, and shall submit his
proposals as to the terms upon which he would agree to
implement the Employer's Variation.

Page 17 of 22
TENDER NO.: GMRC/CIVIL MAINTENANCE/NS/PH‐1/2023 Special Conditions of Contract

ii. The Engineer shall determine the amount which should be

added to or deducted from the fixed lump sum price as a
result of the Variation and get it approved by the Employer.
In assessing work covered by any sub- contract, the Engineer
will have, where he deems necessary, access to the original
sub-contract conditions, rates, prices and details of the
variation claimed, to assist in evaluating any Variations and
the agreed rates if any of major items of work/ activities,
labour, plant and machinery and where appropriate the local
market rates for these items.
iii. If the Engineer withdraws the request for an Employer's
Variation, the Contractor shall have no claim of any kind
whatsoever arising out of the amount determined above. In
case the Employer’s Variation involves omission of part of
the Works, the agreement shall address the issue of reduction
in the Contract Price.
There shall be only deductions in the fixed lump price as a
result of Contractor’s variations. The Engineer shall take
prior approval of the Employer to the aforesaid valuation.
Any such amount determined by the Engineer shall be
denominated in the same currency as the relevant parts of the
fixed lump sum price.
In case of any variation, once the rates have been finalised by
the Engineer and approved by the Employer, the contractor
shall be bound to carry out with the same. No claims shall be
entertained by the Employer in this regard.

25 Sub-Clause 11.3.3 Recovery of Advances/ Provisional Payment against

Material at Site
(a) Not Applicable
(b) Not Applicable
(c) Not Applicable

26 Sub-Clause 11.6 Payment - Interim and Final

(a) After preliminary scrutiny and certification by the Engineer,
payment of 80% of the certified interim amount shall be made by
the Employer within 14 days. The amount certified shall account
for all deductions, including statutory deductions, recoveries for
advances and any amounts due from the Contractor. The balance
20% shall be paid within 28 days, from the date of the
preliminary certification of the bill by the Engineer.
(b) Next 80% interim payment shall be made only after 100%
payment of previous to preceding interim payment

Page 18 of 22
TENDER NO.: GMRC/CIVIL MAINTENANCE/NS/PH‐1/2023 Special Conditions of Contract

certified has been paid.

(c) Any such payment made to contractor by Employer, shall not
constitute any acceptance of the measurements or bill of
quantities by the Employer and the Employer shall have the right
to alter, modify, reduce or diminish the quantities or classification
entered in the measurement books or bills. The Employer shall
have right to recover any excess payment made in either 80%
interim payment of bill or earlier bill from balance 20% bill or
subsequent bill respectively. However, if such excess payment
exceeds the balance 20% bill or subsequent bill respectively, the
contractor shall on demand from the Engineer or Employer
immediately refund the extra amount to the Employer within 7
days, failing which the contractor shall have to pay interest at the
rate equal to State Bank of India's Marginal Cost of fund based
Lending Rate (MCLR) applicable for the tenure of 01 year
prevailing on date plus 3% Penal interest per annum with
monthly rest till the said extra amount is paid back by the
contractor.
(d) The Employer shall pay the amount certified in the Final
Payment Certificate within 56 days from the date of issue of the
Certificate.
Payments shall be made into a bank account, nominated by the
Contractor in Indian Rupees in a Bank in India unless otherwise
permitted in Special Conditions of Contract. If payments are to be
made in more than one currency, separate bank accounts may be
nominated by the Contractor for each currency, and payments
shall be made by the Employer accordingly.

27 Sub-Clause 12.5 Variation in Bill of Quantity (i)

For the purpose of applicability of this clause, the 'Group of items'
means 'Section No' mentioned in the ‘Summary sheet of bill of
quantity’ including its sub-part(s) [each sub-part is treated as a
Group of items] and 'item' means any item that has been priced
separately in BOQ or in SOR referred in 'Summary sheet of bill of
quantities'. The term 'Foundation' referred in this clause means
foundation work included in Section No. 'B, I.A and I.B' as the case
may be. The overall ceiling of 'Group of items' as per Clause 12.5 (a
& c) shall not exceed. Similarly, for all Sections, while applying
variation limit to a particular item under Clause 12.5 (e), the overall
limit of 'Group of items' shall be within the limit specified under
Clause
12.5 (a & c) of GCC.

28 Sub-Clause 15.1 Professional Indemnity Insurance

The Contractor shall effect and maintain professional

Page 19 of 22
TENDER NO.: GMRC/CIVIL MAINTENANCE/NS/PH‐1/2023 Special Conditions of Contract

indemnity insurance, preferably in the name of GMRC, for the

amount in Indian Rupees stipulated in Appendix -1 of FOT, S.No.
(vii) to the Form of Tender in respect of any design of the Works to
be carried out by, or on behalf of the Contractor. This insurance,
which shall ensure the Contractor’s liability by reason of
professional negligence and errors in the design of the works, shall
be valid from the date of commencement of Works, until 5 years
after the date of issue of Performance Certificate. Alternatively, the
Contractor shall renew the insurance before the expiry of the
Yearly Insurance in such a way that the entire validity period is
covered.
The Engineer will not issue Final Payment Certificate until the
Contractor has produced evidence that coverage of the professional
indemnity insurance has been provided for the aforesaid period.
29 Sub-Clause 15.3 Insurance against injury to Persons and Damage to
Property
The Contractor shall insure against liability to third parties in the
joint names of the Employer, the Contractor and Sub- contractors,
(wherever applicable) for any loss, damage, death or bodily injury
which may occur to any physical property (except things insured
under Sub-Clause 15.2) or to any person (except persons insured
under Sub-Clause 15.4), which may arise out of the performance of
the Contract and occurring before the issue of the Performance
Certificate. Such insurance shall be at least for the amount specified
in the Appendix -1 of FOT, S. No. (ix) to Form of Tender.

30 Sub-Clause 15.5 General Requirements for Insurances

The Contractor shall, within the respective periods stated in the
Appendix -1 of FOT, S. No. (xi) (Calculated from the
Commencement Date), submit to the Employer………..

31 Sub-Clause 16.9 COVID 19 Impact

The status of pandemic COVID 19 impact on cost to complete the
works in specified time will be deemed included in quoted
percentages quoted on BOQ rate, DSR etc. as on the date of
submission of bid. The financial impact on contract rates due to
subsequent changes in COVID 19 pandemic situation during
currency of Contract, including extended date of completion, will be
deemed factored in price indices applicable for adjustment of price
variation in terms of clause 11.1.3 of SCC.”

32 Sub-Clause 4.2.1 Performance Security Amount

In view of the circular / Office Memorandum from Ministry of
Housing and Urban Affairs (MoH&UA) regarding reduction of

Page 20 of 22
TENDER NO.: GMRC/CIVIL MAINTENANCE/NS/PH‐1/2023 Special Conditions of Contract

Performance Security vide letter no. K-14011/03/2020-MRTS-

Coord (E-9086215), dated: 18-11-2020, the Performance Security in
this tender shall be 3% of Accepted Value of Work instead of 10%.

33 Sub-Clause 11.1.1 Contract Price and Payment

(i) The Contract Price shall be all inclusive (including all taxes,
duties, royalties etc.).

34 Sub-Clause 11.1.2 Maintaining Records and Availing Exemptions

(i) In the event of exemption of custom duties, excise duties, GST
(CGST/IGST/SGST etc.) or any other cess/levy being granted by the
Government in respect of the Works, the benefit of the same shall be
passed on to Employer. The Contractor shall therefore maintain
meticulous records of all the taxes and duties paid and provide the
same as and when required by the Employer, so that the Employer is
able to avail the reimbursement for which GMRC may issue a
procedure order separately. Alternatively, the Employer may direct
the Contractor to get the reimbursements based on exemption
certificates / government’s order and it shall be obligatory on part of
the Contractor to get the reimbursements from the statutory
authorities and pass on the benefit to GMRC.

35. Other Conditions

Sr. No. Particular

1. Provision of Office Accommodation: The contractor shall provide the office
accommodation for its own staff. The office will be with a provision of Container Or
on Rental basis. The required space for the container will be provided by GMRC free
of cost.
2. The Contractor’s proposals for any ancillary and temporary works shall be in
conformity with the proposals submitted along with the tender and modifications
thereto as approved by the Engineer.
The Contractor shall submit details information where called for by the Engineer and
other relevant details of all such works to the Engineer for approval at least one month
before he desires to commence such works. Approval by the Engineer of any such
proposal shall not relieve the Contractor of his responsibility for the sufficiency of
such works.
Contractor is to provide design certificate for temporary works.
No extra payment will be made for complying with the provisions of this clause and
the cost of the work under this element shall be deemed to be included in the Bill of
Quantities
3. The responsibility of Contractor under General Conditions of Contract is full and final
and no claim by the Contractor for additional payment or extension of time shall be
allowed on the ground that of any misunderstanding or misapprehension by the
contractor or that incorrect or insufficient information was given to the Contractor or
that he failed to obtain correct and sufficient
information.

Page 21 of 22
TENDER NO.: GMRC/CIVIL MAINTENANCE/NS/PH‐1/2023 Special Conditions of Contract

4. The Contractor shall establish at his cost, at suitable points, additional reference lines
and bench marks as may be necessary. The Contractor shall remain responsible for the
sufficiency and accuracy of all his benchmarks and reference lines. He shall take
precautions to see that lines, points and bench
marks fixed by the Engineer are not disturbed by his work and shall make good any
damage thereto.
5. All garbage/debris shall remove from site daily or as they accumulate. All
surface and sub-soil drains shall be maintained in a clean, sound and satisfactory state
of performance.
6. Lighting and Fire Protection: Where night working is permitted by the Engineer to
facilitate the Contractor’s Work operations, temporary lighting equipment as per
approved layout shall be provided, installed, maintained for the duration of the
contract and removed after completion of work by and at the expense of the
Contractor. The Contractor shall take action to prevent damage to or destruction by
fire of trees, shrubs and grasses. No extra payment will be made to the Contractor for
the provision of temporary lighting and fire prevention
measures.
7. The quantities of items shown in the Bill of Quantities are approximate, and liable to
vary during the actual execution of the Work. Some items / group of items may have
to be altered, added or omitted. The Contractor shall be bound to carry out and
complete the stipulated work as instructed by the Engineer, irrespective of the
magnitude of variations including additions, alternations or omissions in the Bill of
Quantities (Price Bid Document), individual items or group of items, specified in the
Bill of Quantities.

8. Coordination with other Contractors

The contractor for this package shall plan and execute work in
coordination and in co-operation with other contractors working for adjacent/other
packages
9. All the items covered under the commercial bids are based on the Rates for DSR-
2021
(Schedule–A), NDSR (Schedule–B). The specifications are based on
specifications of CPWD-2021
10. The Contractor shall provide new equipment and software as listed and maintain
them for the exclusive use of GMRC staff after the issue of LOA, which shall be
a property of GMRC after completion of the contractor.
a) Computer (with computer table) – 1 NO
b) Processor: Intel i7 Processor 3.1 GHz
c) Memory: 12 GB RAM
d) Hard Disk: 120GB SSD & 500 GB HDD
e) Combo Drive (DVD-RW/CDRW)
f) Ports: 1 parallel, 1 serial, at least 2USB Ports, PS/2 ports for
mouse/keyboard
g) OS/Software: Pre-installed Window 10 Professional with latest Service Pack
h) Monitors: 14” color monitor
i) Keyboard and Mouse: USB Keyboard and USB Optical Mouse
j) Printer – 1nos (A4 size laserjet printer B/W) with wifi connectivity.

Page 22 of 22