kashmir irrigation & flood control department, srinagar… new tender... · kashmir irrigation...
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Page No.: 0
Kashmir Irrigation & Flood Control
Department,
Srinagar.
T e n d e r
For
DREDGING OF RIVER JHELUM
"Under immediate Dredging Plan Phase I of OFC (River Jhelum)”
from Sopore to Sheeri Baramulla at various spots
State/Central Assistance Plan-(FMP).
T e n d e r D o c u m e n t
July – 2015
Head Office, Implementing Agency
Chief Engineer, Irrigation & FC Division Baramulla
Kashmir Irrigation & Flood Control Department, Email:- [email protected]
Silk Factory Road RaghBagh Srinagar 190008. [email protected]
Email: - [email protected]
Kmrirrigation @rediffmail.com
Page No.: 1
GOVERNMENT OF JAMMU & KASHMIR
OFFICE OF THE EXECUTIVE ENGINEER,
IRRIGATION AND FLOOD CONTROL DIVISION BARAMULLA KASHMIR
Fresh Tender Notice No.: 18 of 2015-16. (e-Tender)
SUBJECT WORK: Dredging of OFC (River Jhelum) from Sopore to Sheeri Baramulla at various
Spots.
For and on behalf of the Governor of J&K State (India), the Department of Irrigation and Flood
Control, Kashmir, intends to invite online tenders (Two cover system) from intending
parties/firms/companies/joint venture consortiums /National/ International level and repute on
comprehensive and extensive basis for the following works to be expedited within a period of
twenty calendar months on turnkey basis, possessing the following pre-qualification criteria;
a) Have proper license/registration or have entered in a memorandum of understanding
(M.O.U)/Agreement duly notarized in Court by not less than the rank of a Magistrate with any
registered firms/companies/joint venture consortiums/consultants National/ International level
and repute who are licensed or authorized to take such kind and nature of contracts/works by the
competent authority/board of state or by the Govt. of India (State of India) or from an international
regulatory authority (in case of international consortium/company).
b) Have sufficient experience and establishment, expertise, specialization, and infrastructure facility/s
available with expertise logistic support etc. in the field of Dredging activity in
Ports/Harbors/Rivers/Lakes by deploying suitable men and machinery, demonstrated through execution
of Dredging works.
FOR Dredging of (OFC) River Jhelum in Northern part of Kashmir valley at various spots/ sections
utilizing the services of suitable combination of earth moving / water borne machines such as a Cutter
Suction Dredger (CSD), Trailer Suction Hopper Dredger (TSHD), Backhoe/Grab/Plough dredger, etc. for
the specified detailed scope of work along with skilled and highly experienced operational / supervisory
work force.
The bidding documents consisting of qualifying information, eligibility criteria, Bill of Quantities
[B.O.Q.] set of terms and conditions of contract and other details can be seen/downloaded from the
website www.jktenders.gov.in as per schedule of dates given hereunder:
1. Date of issue of Tender Notice 28/07/2015 01:00 PM
2. Start of downloading 29/07/2015 01:30 PM
3. Bid submission start date 29/07/2015 11:00 AM
4. Pre Bid consultation & Venue
03/08/2015 Chief Engineer Kashmir
Irrigation & Flood Control
Department Srinagar office
at Rajbagh Srinagar
11:00 AM
5. Bid Submission end date 08/08/2015 04:00 PM
6. Date of submission of Hard copy 11/08/2015 04:00 PM
7. Date of opening of 1st cover 12/08/2015 12:00 Noon
8. Bid Document Fee ( Non Refundable )
Rs. 20000.00 in the shape of crossed Indian
postal order, Demand draft or Cash through
G.R. in favour Executive Engineer Flood
Control Division Baramulla.
9. EMD (INR)
Rs. 65.00 Lacs in the form of CDR/FDR/ BG, of
Scheduled/ Nationalized Bank, having branch in
Srinagar.
Page No.: 2
1. Bid documents can be seen at and downloaded from the website http://jktenders.gov.in from the date of
document download.
2. The Bids shall be deposited on the website http://jktenders.gov.in from the date of bid submission date to
bid closing date.
3. The original copy of EMD and other relevant documents as specified in tender document must reach the
office of the Chief Engineer, Kashmir Irrigation and Flood Control Department Srinagar through registered
/ speed post /by hand within 02 days during Office hours (i.e., 10:00 am to 4:00 pm) after due date of
uploading of the Tender Document.
4. The complete bidding process will be online through http://jktenders.gov.in.
5. Bids must be accompanied by bid security and cost of Tender Document as specified in the NIT, payable at
Srinagar. Bid security will have to be in the form of CDR/FDR or an irrevocable BG of any scheduled bank
and shall have to be valid for two months beyond the bid validity period. The cost of downloaded tender
documents should be in form of postal order, Demand draft payable at Srinagar or Cash through G.R. in
favour of the Executive Engineer, I&FC Division Baramulla.
6. The bid for the said work shall remain open for acceptance for a period of 120 days from the date of opening
of bids. If any bidder/tenderer withdraws his bid/tender before the said period or makes any modifications
in the terms and conditions of the bid, the said earnest money shall stand forfeited.
7. Other details can be seen in the bidding documents from the website http://jktenders.gov.in.
8. Instruction to bidders regarding e-tendering process a. The interested bidder can download the NIT/bidding document from the websitehttp://jktenders.gov.in
To participate in bidding process, bidders have to get (DSC) “Digital Signature Certificate” as per
Information Technology Act-2000, to participate in online bidding. This certificate will be required for
digitally signing the bid. Bidders can get above mentioned digital certificate from any approved vendor.
The Bidders, who already possess valid (DSC) Digital Signature Certificates, need not to procure new
Digital Signature Certificate.
b. The bidders have to submit their bids online in electronic format with Digital Signature. The bids cannot
be uploaded without Digital Signature. No Proposal will be accepted in physical form.
c. Bids will be opened online as per time schedule.
d. Before submission of online bids, bidders must ensure that scanned copies of all the necessary
documents have been attached with bid.
e. The department will not be responsible for delay in online submission of bids whatsoever reasons may
be
f. All the required information for bid must be filled and submitted online.
g. Bidders should get ready with the scanned copies of cost of documents & EMD as specified in the tender
documents. The original instruments in respect of cost of documents, EMD and relevant documents be
submitted to the Tender Inviting Authority by Speed/Registered post/courier as per time schedule
specified.
h. The details of cost of documents, EMD specified in the tender documents should be the same, as
submitted online (scanned copies) otherwise bid will not be accepted.
i. Bidders are advised to use “My Documents” area in their user on jktenders.gov.in, e-tendering portal
to store important documents like Experience certificate, Balance sheet, VAT Certificate, sales Tax
Clearance Certificate and other related documents etc., and attach these certificates as Non Statutory
documents while submitting their bids.
j. Bidders are advised not to make any change in BOQ (Bill of Quantities) contents or its name. In no case
they should attempt to create similar BOQ manually. The BOQ downloaded should be used for filling
the net item rate inclusive of all taxes and it should be saved with the same as it contains.
k. Bidders are advised to scan their documents at 100 DPI (Dots per Inch) resolutions with Black
and White, JPEG Scan properly, convert scanned images to PDF
l. The guidelines for submission of bid online can be downloaded from the website
http://jktenders.gov.in
Executive Engineer
Irrigation & FC Division
Baramulla
No.: I&FCDB / 3492-3528.
Dated: 28/07/2015.
Page No.: 3
Copy to the:-
1. Divisional commissioner Kashmir for information
2. Secretary to Govt. Department of PHE/ I&FC for information
3. Chief Engineer Irrigation and Flood Control Department, Srinagar for information.
4. District Development Commissioner Baramulla for information.
5. Superintending Engineer Hydraulic Circle Baramulla/Bandipora for information.
6. Superintending Engineer Mechanical circle Srinagar for information
7. Director Information Department, Srinagar for information. He is requested to get the NIT
published in two leading local national & daily before its due date
8. Private Secretary to Chief Minister J&K State civil secretariat Srinagar for information of
Hon’ble Chief Minister.
9. Private secretary to Minister for PHE/I&FC department J&K State Civil Secretariat Srinagar for
information of Hon’ble Minister
10. Private secretary to MOS for PHE/I&FC, Animal Husbandry and Forest department J&K State
Civil Secretariat Srinagar for information of Hon’ble Minister
11. Private secretary to Chief secretary Government of Jammu and Kashmir Civil Secretariat
Srinagar for information of chief Secretary
12. Private Secretary to Principal Secretary planning and development department civil secretariat
Srinagar for information of Principal Secretary Planning and Development.
13. Private Secretary to Commissioner Secretary Finance civil secretariat Srinagar for information of
Commissioner Secretary Finance.
14 Executive Engineer I&FC Division Sumbal for information.
15 Executive Engineer Flood Mechanical Division Baramulla for information
16 Assistant Executive Engineer Flood Sub Division Baramulla for information.
17-33 Contractors Association Baramulla / R&B Baramulla / Rafiabad / Bandipora / Pattan / Uri/
Sheikh Bagh/ Court road / Narbal / Sada Bahar Sonar Qalipora/ Sumbal/ /National Contract
Association, Chadoora/ Pirpanchal / Anantnag/ Kulgam/ Pulwama & Srinagar.
34-36 H.D/ H.A /A.A.O/ Divisional office for information.
37. Notice Board.
Page No.: 4
INDEX
S. No. Description Page No
1. Notice Inviting E-Tender 1-3
2. Broad Band Information 5-6
3. Appendices 37-45
4. Instructions To Tenderer/s 46
5. General Conditions Of Contract 46
6. Special Conditions Of The Contract 57-58
7. Form Of Bid 68-69
8 Sample of Form-25 double 70-73
9. Typical Drawing. 74
onwards
Page No.: 5
GOVERNMENT OF JAMMU & KASHMIR
OFFICE OF THE EXECUTIVE ENGINEER,
IRRIGATION AND FLOOD CONTROL DIVISION BARAMULLA KASHMIR
The Bidding documents consisting of eligibility criteria, specification, bill of quantities (B.O.Q) set
of terms & conditions of contract and other details can be seen/ downloaded from the departmental
website WWW.JKtenders.gov.in and the broad band information is given below;
BROAD BAND INFORMATION
General
Client Name Kashmir, I&FC Department Srinagar
Division 1. Executive Engineer I&FC Division Baramulla
Name of Work Dredging of OFC (River Jhelum) from Sopore to Sheeri
Baramulla at various Spots.
Quantity 9.15 Lac cum
Bidding Type Open
Completion Period Twenty Calendar Months from the date of Issue of letter of Intent
or Allotment, whichever is earlier.
Amount Details
Bid Document Fee
( Non Refundable )
Rs. 20000.00 in the shape of crossed Indian postal order, Demand
draft or Cash through G.R. in favour Executive Engineer
Irrigation & Flood Control Division Baramulla.
EMD (INR)
Rs. 65.00 Lacs in the form of CDR/FDR/ BG, of Scheduled/
Nationalized Bank, having branch in Srinagar.
EMD in favour of Chief Engineer Kmr. I&FC Department Srinagar
Tender Dates
Date of issue of Tender Notice 28/07/2015 01:00 PM
Start of downloading 29/07/2015 01:30 PM
Bid submission start date 29/07/2015 11:00 AM
Pre Bid consultation & Venue
03/08/2015 Chief Engineer Kashmir Irrigation & Flood Control
Department Srinagar office at Rajbagh Srinagar
11:00 AM
Bid Submission end date 08/08/2015 04:00 PM
Date of submission of Hard
copy 11/08/2015 04:00 PM
Date of opening of 1st cover 12/08/2015 12:00 Noon
Bid Validity Period 120 days from the last date of online submission of the tender
Page No.: 6
Submission of physical
documents
Physical documents:
(1) Tenders Fees
(2)Letter of Application
(3)EMD
(4)Company Profile & Other supportive Documents
(5) PAN Card
(6) Service Tax Number
Joint venture Applicable
Officer Inviting Bids Executive Engineer
Irrigation & FC Division Baramulla
Bid Opening
Authority
Chief Engineer
Kmr. I&FC Department Srinagar
Address Chief Engineer
Kmr. I&FC Department Srinagar at Rajbagh Srinagar.
Page No.: 7
GOVERNMENT OF JAMMU & KASHMIR
OFFICE OF THE EXECUTIVE ENGINEER,
IRRIGATION AND FLOOD CONTROL DIVISION BARAMULLA KASHMIR
Fresh Tender Notice No.: 18 of 2015-16. (e-Tender)
TENDER DOCUMENT
GENERAL TERMS AND CONDITIONS:
1. SCOPE OF WORK:-The scope of work generally includes the following:
1.1. To mobilize suitable heavy earth moving /water borne combination of machines such as Cutter
Suction Dredger (CSD), Trailer Suction Hopper Dredger (TSHD), Backhoe/Grab/Plough
dredger, etc. for the specified detailed scope of work along with skilled and highly experienced
work force.
1.2. To mobilize requisite survey spread for carrying out the in-survey, out-survey, progress surveys
etc. for monitoring and measurement of the dredging works.
1.3. To carryout dredging as a turnkey job in the River Jhelum at various designated sites without
disturbing the embankments by mechanized means up to required depth, width and gradient in
all kinds of soil/silt/mud/various grades of sand/gravel/boulder etc. within the proposed time
schedule, as per the existing width of the river and in consultation with EIC.
1.4. Disposal of dredged out material through a lead of 300 meters to 3000 mtrs,
(Ref Chart on Annexure (I) at Page No.: 15). The dredged out material to be finally disposed
by the agency himself by way of sale of the material.
1.5. The work shall be done as per the directions and close supervision of in charge site Engineer or
his authorized representative.
2. Bidders can get digital certificate from any approved vendor. The bidders have to submit their bids
online in electronic format.
3. Bidders must ensure to upload scanned copy of all necessary documents with bid. Besides
original/photocopies of documents related to the bid be submitted physically through registered
post/ courier or by hand before the due date of receipt of bids. Contractor/Bidder who fails to submit
the hard copies for their uploaded tenders shall be summarily rejected.Only those bidders shall be
qualified to quote for the job who shall furnish the self-attested copies of the following documents
as applicable:
3.1. Registration Certificate with TIN.
3.2. Sales Tax Clearance Certificate of the latest quarter or Sales Tax Return on Form ‘64’
showing TIN No. therein.
3.3. Certificate of Experience of having successfully executed works of similar nature issued from
any govt. /semi govt./corporation/semi govt. undertaking.
3.4. Annual turnover for the last three years.
3.5. Pan Card Number certificate.
4. The bids shall be submitted in electronic format on the website www.jktenders.gov.in from
29/07/2015 ( 11:00 am) to 08/08/2015 ( 04:00 pm ). The bids uploaded on the website up to due
date and time will be opened on the time and date (given in the list of important dates enclosed), in
the office of the Chief Engineer I&FC Department Kashmir Srinagar in presence of the bidders
who wish to attend. In case Offices happen to be closed on the scheduled date of opening due to
holiday or any other reason, the bids will be opened on the next working day at the scheduled time
and venue.
5. SUBMISSION OF TENDERS: The Bid should be prepared by the bidder and shall be submitted
online in two covers.
5.1. COVER 1ST : First cover shall contain:
5.1.1. Techno-commercial / Un-priced Bid.
5.1.2. Bid Security, Bidding document fee and No deviation Certificate.
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5.2. COVER 2ND: shall contain Price Bid.
6. TECHNO-COMMERCIAL/ UNPRICED BID (COVER 1ST ):The bid prepared by the bidder
shall comprise the following components:
6.1. Scanned copy of covering letter
6.2. Scanned Details of work experience meeting the tender requirement submitted by bidder.
6.3. Scanned copy of Details of dredging equipment and logistic owned by bidder or their Group.
6.4. Scanned copy of covering Bidder queries for pre-bid meeting.
6.5. Scanned copy of covering “Schedule of Rates” with prices blanked out mentioning “Quoted/
Not quoted” against each item.
6.6. Tenderers Information Appendix – I
6.7. Statement of Similar Works as per eligibility Criteria, Executed/Completed /substantially
completed during the last 5 years ending 31.03.2015 Appendix-II
6.8. Statement of works abandoned/left Incomplete Appendix – III
6.9. Annual Turnover Record Appendix – IV along with copy of certified Annual Reports
6.10. Litigation History Appendix – V
6.11. Undertaking by Tenderer Appendix – VI
6.12. Affidavit by Tenderer/ JV partners Appendix –VII
6.13. Joint Venture Agreement Appendix – VIII
6.14. Certificate of Familiarization Appendix- IX
6.15. Scanned copy of covering ‘Letter of Authority’ in favour of any one of bidder’s
executive having authority to attend the un-priced and price bid opening on specified
dates and venue .
6.16. Scanned copy of Power of Attorney in favour of person (s) signing the bid that such person
(s) is/are authorized to sign the bid on behalf of the bidder and any consequence resulting
due to such signing shall be binding on the bidder.
6.17. Scanned copy of All necessary documents to establish the Bidders’ Qualification Criteria
6.18. Scanned copy of Details regarding PF, PAN and Service Tax Registration certificates.
6.19. Any other information/ details required as per Bidding Documents
6.20. Scanned copy of Requisite Bid Security / EMD as per Bidding document
7. PRICE BID (COVER 2ND ): Price bid shall contain following:
7.1. Bid form as per BOQ
8. BID PRICES:-
8.1. Unless stated otherwise in the Bidding Documents, the Contract shall be for the total works
as described in Bidding Document, based on the Schedule of Rates submitted by the bidder
and accepted by the department.
8.2. Rates must be filled in formats for ‘Schedule of Rates' enclosed as part of bidding
Document. If bidder quotes in separate typed sheets and any variation in item
description, unit of measurement, etc. is noticed, then the bid is liable to be rejected.
8.3. Bidder shall quote for all the items of ‘Schedule of Rates’ after careful analysis of cost
involved for the performance of the completed item considering all parts of the Bidding
Document. In case any activity though specifically not covered in description of item
under ‘Schedule of Rates' but is required to complete the work as per Scope of Work,
Specifications, Standards, General Conditions of Contract, Special Condition of Contract
or any other part of Bidding Document, the prices quoted shall deemed to be inclusive of
cost incurred for such activity.
9. TAXES AND DUTIES:
9.1. The quoted prices shall be inclusive of all taxes and duties including Excise Duty, Sales Tax,
State Entry Tax, VAT (on goods consigned to department), VAT on Works Contract and any
other taxes/duties / levies as applicable. Service Tax @ 12.60%, Income Tax @ 2.10 % & 1%
Labour cess. Contractor shall not be compensated for any change in taxes and duties due to
wrong assessment. It shall be presumed that bidders have ascertained all applicable taxes,
duties, levies etc. for the said work and quoted rates accordingly. Service tax and cess thereon
Page No.: 9
(including statutory variation, if any) shall be paid, wherever service provider is liable to pay
service tax, on submission of invoice(s) as per Service Tax Rule. In addition to above, invoice
/ bill shall be serially numbered and should also specify following:
9.1.1. The name, address and registration number of the service provider.
9.1.2. The name and address of the recipient of the taxable service.
9.1.3. Description, classification and value of taxable service provided and
9.1.4. The service tax payable on such services.
9.2. Bidder shall be solely responsible for ascertaining all types of taxes and duties
applicable for providing the services as mentioned in the scope of work. Department shall
deduct income tax/withholding tax as applicable from the payments due to the bidder
under the contract.
9.3. Rates shall be firm and fixed until the completion of work in all respect. No variation on any
account shall be payable, except if provided in SCC (Special Conditions of Contract) / GCC
(General Conditions of Contract).
9.4. The bidder shall quote the prices both in figures as well as in words. There should not be any
discrepancies between the price indicated in figures and the price indicated in words.
9.5. Quoted rates shall also be inclusive of all costs towards carrying out any surveys, travel, site
visits by the personnel, boarding, lodging, incidental expenses etc. required for scope of work.
10. BID CURRENCY: Bidder shall quote in Indian Rupees only and shall receive the payment
in such currency.
11. BID VALIDITY: Bid submitted by bidder shall remain valid for a minimum period of 120 days
from the date of opening of un-priced bids. Bidder shall not be entitled during the said period of
four months, without the consent in writing of the department, to revoke or cancel their Bid or to
vary the Bid given or any term thereof.
12. BID SECURITY/EARNEST MONEY DEPOSIT (EMD):
12.1. Bidder shall furnish, as part of its Bid, a Bid Security for an amount as indicated in the
‘Invitation for Bids’. The Bids not accompanied with Bid Security or Bid Security not as per
the Bidding Document shall be considered as non-responsive and such bids shall be
summarily rejected and returned unopened.
12.2. The bid security (interest free) for the amount indicated in ‘Invitation for Bids’ shall be in the
form of FDR/CDR drawn on any Indian Scheduled Bank situated in Jammu and Kashmir
state of India and Registered with Reserve Bank of India in favour of Chief Engineer Kmr
Irrigation & Flood Control or in the form of a non-revocable bank guarantee which should
be valid for 2 months beyond validity of bid i.e. 6 (six) months beyond deadline for bid
submission. Department shall not be liable to pay any bank charges, commission or interest
on the amount of bid security. The EMD of non-responsive bidders who have not been
short-listed for price bid opening shall be returned before price bid opening. However,
EMD of unsuccessful bidders whose price bids have been opened shall be returned
only after award of contract.
12.3. Bid Security of the successful bidder will be discharged or returned upon the bidder's
executing the Contract and furnishing the Contract Performance Guarantee.
12.4. The bid security may be forfeited:
12.5. If a bidder withdraws its bid during the period of bid validity. Or
12.5.1. if a bidder modifies his bid during the period of bid validity, except if such
modification is solicited by department in writing, or
12.5.2. if a bidder does not accept the correction of arithmetical errors if any, or
12.5.3. In case of a successful bidder, If the bidder fails, within the specified period:
to sign the Contract Agreement
to accept the arithmetic corrections AND/OR
to furnish the Contract Performance Guarantee
Page No.: 10
if bidder commits any fraud while competing for the contract as per fraud
prevention policy.
13. In case the 'Cover First' of the tender, scheduled to be opened, cannot be opened on that day, the
subsequent date of opening will be informed to the tenderers separately.
14. Any tender uploaded on expiry of prescribed date & time, will be treated as an invalid tender.
15. After the tenders are opened, no tenderer shall be allowed to make any change of specification or
the Prices or terms and conditions quoted by him, unless specifically asked to do so by the
Department in writing by way of clarifications.
16. The Chief Engineer I&FC Department Kashmir Srinagar reserves the right to himself to reject, or,
accept any or all tenders in part or in full, without assigning any reason thereof.
17. For any typographical error or omission in the various conditions and contents of the tender
document, the interpretation as given by the Department will be final and binding upon the
tenderers.
18. Conditional tenders such as “subject to market fluctuation” etc. will not be accepted.
19. The earnest money deposit shall be refunded in favor of unsuccessful tenderer immediately after
finalization of the tender, whereas it shall be retained in case of successful tenderer and treated as
security deposit to be refunded after successful completion of the contract.
20. The earnest money deposit of the tenderer/s shall be forfeited if they withdraw their tender or revise
the prices of their offer within the validity period or violate any of the terms and conditions
contained herein.
21. Any change in the specification of the job as a result of expert advice to Government, will be
accepted by the contractor.
22. Tenders not submitted on the lines indicated are liable to be rejected without correspondence.
23. The prices are firm and final except to any revision in tax structure to be allowed as applicable
subject to production of documentary proof.
24. The site of work is proposed in district Baramulla/ Bandipora of Northern part of Valley, Jammu
and Kashmir State of India.
25. BIDDERS’ QUALIFICATION CRITERIA :To be eligible tenderer shall provide satisfactory
evidence to the department of their eligibility, capability and adequacy of resources. For this, all
offers submitted shall include the following information to meet the minimum Bidders’
Qualification Criteria:
25.1. TECHNICAL CRITERIA:
25.1.1. Bidder should have experience of having successfully completed either of the
following similar works during last03 years ending last day of month previous to
one in which bids are invited:
25.1.2. Three similar works of quantity not less than 9.00 lac cum or
25.1.3. Two similar works of quantity not less than 6.50 lac cum or
25.1.4. One similar work of quantity not less 4.50 lac cum
25.1.5. Each work should have been done under single contract at single site.
25.2. FINANCIAL CRITERIA:
25.2.1. The average annual turnover of the Bidder, in the preceding three financial years as
on the date of Techno-Commercial bid opening, should not be less than
INR 20 Crore.
25.2.2. The Bidder should have valid PAN and Service Tax Registration.
25.2.3. Bidders shall submit following documents in support of above:
25.2.4. Legible copies of the Letter of award/Relevant Work order for the qualifying jobs,
job completion certificate/ performance certificate etc. clearly indicating the ‘Name
of Work’, ‘Contract Value’, ‘Scope of Work’, ‘Contract period’, actual date
Page No.: 11
of execution, executed quantity of dredging work etc. as documentary evidence in
support of successful execution of the qualifying jobs.
25.2.5. Copy of audited Balance Sheet and Profit & Loss Account Statement for
immediate preceding three completed financial years.
25.2.6. Bids must be accompanied with scanned copies of (1) Requisite Bid
Security/EMD as per prescribed norms (2) Requisite Bidding document fee
and (3) ‘No Deviation Certificate’. In case the requisite documents are not
accompanied, shall be considered as non–responsive and such bids shall be
summarily rejected and returned un-opened to the bidder.
25.2.7. An affidavit that, tenderer:-
has not been declared bankrupt by any institution or Government.
has not been black listed by the Government or any other organization for failure to
any dues.
has not been adjudged by any court as insolvent or was/were not under any law for
an offence involving moral turpitude or any criminal activities etc.
was not detained under any preventive law.
25.2.8. Tenderer should attach the proof with regard to Permanent Income Tax.
25.2.9. In case of a J.V./Consortium it is obligatory that all constituents of the bidder shall
provide their M.O.U. and their consent in writing to establish the legality, credibility
of their association. In the case of a partnership firm or consortiums, names of
all partners should be disclosed and the offer shall be signed by all the partners or
in the event of absence of any partner, it shall be signed on his behalf by a
person holding a power of attorney, authorizing him to do so along with duly
attested copy of the partnership deed should be furnished along with the offer. In the
case of a limited Company/Joint venture, the names of all the Directors should be
mentioned and the offer should be accompanied by a certificate certifying that the
person signing the offer is empowered by a resolution of the Board of Directors to
do so on behalf of the company and a certified copy of the resolution along with a
copy Memorandum and Articles of Association of the company should be furnished.
The Member/ Members of Joint venture should have satisfactorily completed
similar nature of work as required.
26. Irrespective of their registration status with their offer, Department reserve the right to get the
credibility of any tenderer re-verified through the inspecting agencies to be nominated by the
Government of Jammu and Kashmir.
27. A firm/company or joint venture will upload his/their tender either as individual firm/company or
as joint venture only. In case any firm/company submits his/their Price bid both as individual
firm/company and as JV with other firm/company, both the offers shall be considered as invalid.
28. In case of JVs having common partner/s shall upload their bid under one JV only. In case bids are
received from more than one JV having common partner/s, their offers shall be considered as
invalid.
29. If it is found that any tenderer/s has/have furnished misleading/wrong or fraudulent
information/documents, his/their tender shall not be considered and the EMD of the tenderer/s will
be forfeited.
30. If the documents/information submitted is found to be wrong /fraudulent at any stage after award
of work, the contract may be terminated and the work shall be executed at the risk and cost of the
Tenderer /contractor.
31. e-Tender received without Earnest Money in the form and value specified in the tender document
shall be summarily rejected.
32. The Chief Engineer I & FC Srinagar reserves the right to postpone the tender submission/opening
date and to accept/reject any or all tenders without assigning any reasons thereof. The decision of
Page No.: 12
the Chief Engineer Kashmir Irrigation & Flood Control Department Srinagar after assessment of
suitability as per eligibility criteria shall be final and binding.
33. SITE VISIT:
33.1. Bidder is advised to visit and examine the site, its surroundings and familiarize himself with
the existing facilities and environment, and collect all other information which he
may require for preparing and submitting the bid and entering into the Contract.
Claims and objections due to ignorance of existing conditions or inadequacy of information
will not be considered after submission of the bid and during implementation.
33.2. The bidder and any of his personnel or Agents will be granted permission by the
department to enter upon his premises and lands for the purpose of such inspection.
Department shall provide necessary assistance with regard to acquaintance of the site, if
required, to the bidder(s) for the purpose of site visit.
33.3. The tenderer should visit the sites and assess by himself the availability of resources such
as disposal sites, water, electricity, fuel, land for disposal and skilled/ unskilled manpower
as these shall have important bearing on the cost.
34 Proposal :-
34.1 The work in question envisage the dredging of River Jhelum including disposal of dredged
out material by way of sale of material by the executing agency.
35. The bidder shall bear all costs associated with the preparation and delivery of its Bid,
including costs and expenses related to visits to the site and the department will in no case
be responsible or liable for these costs regardless of the outcome of the bidding process.
36. No accommodation will be available with the department for the contractor or for any of the
workman engaged by him.
37. No launch shall be provided by the department for the purpose of dredging. The contractor has to
make his own arrangements for launching etc.
38. The contractor will make his own arrangements for electric power requirements at his own risk and
cost.
39. The material to be dredged out consist of mainly of silt, sand, gravel, peat, boulders etc. However,
no responsibility is taken by the department that material actually to be dredged out will correspond
with that described, the contractor shall satisfy himself by any means he require and at his own cost
40. The contractor shall program his dredging in such a manner that whole of the work is completed
within allotted time & the contractor has to give the considering amount against the lifting / sale of
dredged out material (comprised of sand, silt, earth & boulders of different size) carried by himself
at various reaches.
41. BIDDING DOCUMENT, CLARIFICATIONS AND AMENDMENT:
41.1. BIDDING DOCUMENT:
41.1.1. The Bidding Document shall be read in conjunction with any Amendment /
Corrigendum / Addendum/ Clarifications, etc. issued from time to time.
41.1.2. The bidder is expected to examine the Bidding Document, including all
instructions, forms, terms, specifications and drawings in the Bidding Document.
Failure on part of bidder to furnish all information required as per the Bidding
Document or submission of a bid not substantially responsive to the Bidding
Document may result in the rejection of the bid.
41.1.3. All Amendments / Corrigendum / Addendum / Clarifications, etc. (if any), shall
be hosted on the website http://www.jktenders.gov.inonly and shall not be
published in newspapers or sent by post/e-mail. Hence, all interested /prospective
bidders are advised to regularly visit website for any updates. Bidders who submit
their bids shall be presumed that they have gone through and are aware of all
Amendments / Corrigendum / Addendum / Clarifications / etc. to bidding
document (if any) issued and any claim from bidder that such Amendments /
Page No.: 13
Corrigendum / Addendum / Clarifications / etc. to bidding document (if any) were
not received by them, will not be entertained.
41.2. CLARIFICATION OF BIDDING DOCUMENT:
41.2.1. Although the details presented in this Bidding document consisting of
Conditions of Contract, Scope of Work and Specifications and Drawings
have been compiled with all reasonable care, however it is the bidder’s
responsibility to ensure that the information provided is adequate and clearly
understandable.
41.2.2. Bidder shall examine the Bidding document thoroughly in all respect and
if any conflict, discrepancy, error or omission is observed, bidder may
request information/ clarification/query of the Bidding Document in writing
at Department’s mailing address indicated in the ‘Instructions. Department
will respond to such clarification or queries by issuing Amendment /
Corrigendum / Addendum / Clarifications / etc. which shall be hosted on the
website http://www.jktenders.gov.in only and shall not be published in
newspapers or sent by post/e-mail to bidders. Bidders who submit their bids shall
be presumed that they have gone through and are aware of all Amendments
/ Corrigendum / Addendum / Clarifications / etc. to bidding document (if any)
issued and any claim from bidder that such Amendments / Corrigendum /
Addendum / Clarifications / etc. to bidding document (if any) were not
received by them will not be entertained.
41.3. PRE-BID MEETING:
41.3.1. The prospective bidder (s) or his designated representative, who have downloaded
the bid document are invited to attend a pre-bid meeting which will take
place as per date and venue given in instructions.
41.3.2. The purpose of meeting will be to clarify issues and to answer queries on any
matter that may be raised by the due date.
41.3.3. The bidder is requested, as far as possible, to submit queries (if any) by
e-mail to reach office not later than 2 days before the pre-bid meeting. It may not
be practicable at the meeting to answer queries received late, but queries
and responses/clarifications will be hosted on website.
41.3.4. Any modifications of the bidding documents that may become necessary as a result
of the pre-bid meeting shall be made by department exclusively through the issue
of an Amendment / Corrigendum / Addendum / Clarifications / etc. which shall
be hosted on the website http://www.jktenders.gov.in.
41.3.5. Non- attendance of the pre-bid meeting will not be a cause for
disqualification of the bidder.
41.3.6. Any failure by Bidder to comply with the aforesaid requirement shall not excuse
the bidder, after subsequent award of contract, from performing the work in
accordance with the agreement.
41.3.7. Bidders are requested to resolve all their clarifications/queries to the Bidding
Document before due date of submission of bid. Thereafter bidders are requested
to submit their bid in total compliance to Bidding Document without any deviation
/ stipulation / clarification / assumption.
41.4. AMENDMENT OF BIDDING DOCUMENT:
41.4.1. At any time prior to the deadline for submission of bids, the department or
his authorized representative may, for any reason whether at its own initiative
or in response to a clarification requested by Bidders, modify the Bidding
Document by Amendments /Corrigendum / Addendum / Clarifications / etc.
Page No.: 14
41.4.2. The Amendment shall be part of the Bidding Document. All Amendments /
Corrigendum / Addendum / Clarifications / etc. (if any) and shall be hosted on
the website http://www.jktenders.gov.in only and shall not be published in
newspapers or sent by post/e-mail to bidders.
41.4.3. Bidders have to take into consideration of all such Amendments / addendum/
corrigendum/ clarifications, etc. web hosted, before submitting the bid.
41.4.4. In order to accord bidder reasonable time to take the Amendment into account in
preparing their bids, the department or his authorized representative(s) may, at its
discretion, extend the deadline for the submission of bids.
42. CONFIDENTIALITY OF BIDDING DOCUMENT: The Bidding Document is and shall
remain the exclusive property of the department without any right to Bidder to use them for
any purpose except for the purpose of bidding.
43. CONSORTIUM / JOINT VENTURE BIDS: Bids from Consortium and Joint Venture are acceptable.
44. Chief Engineer/Executive Engineer may at its discretion extend the deadline for submission of the
tenders at any time before the time of submission of the tenders.
45. Site Data: The general specifications of various reaches of river Jhelum where dredging has to be
carried out have been tabulated as Annexure (I):
Page No.: 15
Annexure (I)
REAECH S
No SPOT / REACH
Avg.
tentative qty.
to be
dredged out
in phase I
(Lac Cum)
Avg.
Static
head
from bed
of river
to
delivery
point
Nature of
River bed
Material
Avg.
dredging
depth
Avg. Max
water
depth
(M)
Summer
Avg. Min
water
depth (M)
Winter
Avg. lead
of
disposal
Out Fall
Channel
1 OFC RD 5.30 Km 10.2 Km (D/s Sopore Bridge) 4.05
10
mtrs.
Silt/ Coarse
Sand/ gravel/
etc. 1.50 m
to
2.00 m
5.00 m
to
6.00 m
3.00 m
to
4.00 m
300 m
to
3000 m 2
O.F.C from D/s Khanpora bridge to Sheeri Bla
from RD 22.00 Km to 26.50 Km (Eco Park). 5.09
Silt/ Coarse
Sand/ gravel/
boulders etc.
However the agency has to satisfy with his own survey / resources regarding the site
specifications etc.
Page No.: 16
46. CARE IN SUBMISSION: 46.1. Before submitting the tender, the tenderer will be deemed to have satisfied himself by his
actual inspection of the site, climatic condition records from state government and/or Indian
Meteorological Department and the locality of the works that all conditions liable to be
encountered during execution of the works are taken into account and that the rates quoted
by the tenderer in the tender schedule are adequate and all inclusive for the completion of
works to the entire satisfaction of the Engineer in charge.
46.1. No claim by the Contractor for additional payment or any extension of time shall be allowed
on the ground of any misunderstanding or misapprehension in respect of the matters on the
grounds that incorrect or insufficient information was given to the Contractor by any person
whether or not in them employment of the Department or that the Contractor failed to obtain
correct and sufficient information.
46.2. 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.
46.3. The Department of Irrigation & Flood Control will not be bound by any Power of Attorney
granted by the tenderer or by changes in the composition of the firm made subsequent to
the execution of contract. It may, however, recognize such Power of Attorney and changes
after obtaining proper legal advice, the cost of which will be chargeable to the contractor.
47. RETURN OF EARNEST MONEY: The Earnest money by the tenderer shall be refunded (except
three lowest tenderer). The earnest money of the successful tenderer will be refunded after
successful and satisfactory completion of the contract. However EMD of 3rd lowest tenderer shall
be released after finalization of the contract & that of 2nd lowest tenderer, after the 1st lowest starts
the work.
48. IDENTITY OF TENDERER: Tenderer/s should specifically and fully disclose in their respective
tenders, their respective constitutions and submit along with each tender attested Photostat copies
of documents like partnership deed, Articles and Memorandum of Association, Certificate of
incorporation etc. If a tenderer is a firm i.e. partnership business, it should be stated whether the
same is registered under the Partnership Act, and the name and address of all the partners of the
firm should be fully disclosed.
The Department shall always have the liberty to demand production of the original of the
said documents and also to make such further and other requisitions regarding the constitution of
the tenderer as may be considered necessary.
49. Joint venture
If the work is tendered by Joint venture,
i) It shall be accompanied by MOU signed by all parties to the joint venture outlining therein clear
representation and the definite manner of working and the proposed administrative and financial
arrangement for the management and execution of assignment as per the signed agreement.
ii) The authorization of lead partner shall be evident by a power of attorney signed by legally
authorized signatories of all the partners
iii) The Executive Engineer/s shall interact with the lead partner for the entire duration of the contract
including making payment and lead partner shall make all correspondence on behalf of the Joint
Venture.
v) The joint agreement should state that all partners shall jointly and severally be responsible for the
execution of the contract.
v) Lead partner should be authorized to incur liability and receive instructions for and on behalf
of any or all partners.
vi) The bid documents are to be purchased in the name of joint venture only. All financial
transactions shall be from a separate account in the name of joint venture.
Page No.: 17
vii) The joint venture agreement shall be submitted on Standard Performa, which is a part of this
tender document. (Appendix - VIII)
A firm/Company or joint venture will submit his/their Price bid either as individual
firm/company or as joint venture. In case any firm/company submits his/their tender both as
individual firm/company and as JV with other firm/company, both the offers shall be considered
as invalid.
50. LANGUAGE OF BID: The bid prepared by the Tenderer and all documents related to the bid
shall be written in English only.
51. SIGNING OF ALL BID PAPERS AND COMPLETING STATEMENT OF ADVERTISED
QUANTITIES
51.1. The tender documents, drawings and statement of advertised Quantities uploaded by
tenderer shall be signed by the tenderer or his representative holding the Power of
Attorney (Enclose Original Power of Attorney).
51.2. In case of sole proprietorship, an Affidavit of Sole Proprietorship and if the tender is
signed by any other person, Power of Attorney by the Sole Proprietor in favour of
Signatory.
51.3. In case of Partnership, if tender is not signed by all the partners, Power of Attorney in
favour of the signatory authorizing him to sign the documents. The person signing the
documents should also have a specific authority to refer disputes with the partnership
firm to arbitration.
51.4. In case of a Company, copy of the Board Resolution authorizing the signatory to sign on
behalf of the Company.
51.5. All the members of the joint venture shall be jointly and severally responsible for all the acts
done on behalf of the joint venture & tender bids shall be jointly signed by all members of
the Joint Venture so as to legally bind them jointly and severally. In case tender is signed by
legally authorized signatory, a certified copy of Power of Attorney from each partner of the
joint venture should be submitted. Tenders must be submitted with a copy of Joint Venture
agreement as per Appendix –VIII, in case work is tendered for by Joint Venture.
51.6. While filling up the rates in the Statement of advertised Quantities, tenderer/s shall ensure
that there is no discrepancy in the rates mentioned in figures and words. In case of any
discrepancy, the unit rate mentioned in the words shall be taken as final and binding.
51.7. The tenderer must fill and submit the prices as per instructions given in Statement of
advertised Quantities. He shall not make any addition or alteration in the tender documents.
The requisite details should be filled in by the tenderer wherever required in the documents.
Incomplete tender or tender not submitted as per instructions is liable to be rejected. If a
tenderer does not quote a price/rate for any Statement of advertised Quantities item, his
tender shall be summarily rejected.
51.8. Any documents containing erasers, use of correction fluids and alterations in tender
documents are liable to be rejected. In case of any corrections, the same should be in INK
and must be attested by tenderers under full signature, date and stamp/seal.
.
52. DEVIATIONS, OMISSIONS & DISCREPANCIES:
551. It shall be understood that every endeavor has been made to avoid any error which can
materially affect the basis of the tender and the successful tenderer shall take upon himself
and provide for the risk of any error which may subsequently be discovered and shall make
no subsequent claim on account hereof.
52.1. The tenderer should clearly read and understand all the terms and conditions, specifications,
drawings, etc. mentioned in the original tender documents. If the tenderer has any
observations, the same may be brought up in pre-bid meeting. Tenderers are advised not to
make any corrections, additions or alterations in the original tender documents. If tenderer/s
makes any correction in his own entries the same shall be initialed and stamped by him. If
this condition is not complied with, tender is liable to be rejected
53. PERIOD OF VALIDITY OF THE TENDER: 53.1. The tender shall remain valid for the period indicated in “General Information” after the
date of the opening of the “Un-Price Bid”. If the Tenderer gives validity period less than
that fixed/prescribed by Chief Engineer Kashmir Irrigation & Flood Control Department
Srinagar, the tenderers shall be asked for its extension otherwise liable to be rejected.
Page No.: 18
53.2. Notwithstanding the above clause, Chief Engineer Kashmir Irrigation & Flood Control
Department Srinagar may solicit the tenderers’ consent to an extension of the validity period
of the tender. The request and the response shall be made in writing.
54. DEADLINE FOR SUBMISSION OF TENDER: The tender may be uploaded on web site not
later than the date and time mentioned in the “NIT”.
55. WITHDRAWAL OF TENDER: No tender can be withdrawn during tender validity period,
however can be withdrawn as per options available in e-tendering i.e. before last date of submission
of tenders.
55.1. Submission of a tender by a tenderer implies that he has read all the tender documents
including amendments if any, visited the site and has made himself aware of the scope and
specifications of the work to be done, local conditions and other factors having any bearing
on the execution of the work.
56. OPENING OF THE TENDER: 56.1. Tenders will be opened at the address mentioned in “Notice Inviting Tender” in presence
of tenderers or authorized representatives of tenderers who wish to attend the opening of
tenders and is not compulsory as they can refer to the web site to know the status of tender.
56.2. Tenderer’s name, presence or absence of requisite Earnest Money, total cost of work quoted
or any other details can be viewed on the departmental web site www.jktenders.gov.in.
57. CLARIFICATION OF THE TENDERS: To assist the examination, evaluation and comparison
of the tenders, Chief Engineer Kashmir Irrigation & Flood Control Department Srinagar may at his
discretion ask the tenderers for any clarifications as considered essential. All such correspondence
shall be in writing and no change in price or substance of the tender shall be sought or permitted.
The above clarification for submission of the details shall form part of the tender and shall be
binding on tenderer.
58. PRELIMINARY EXAMINATION OF TENDERS:
58.1. The Department will examine the tenders in first stage to determine whether they are
complete, or any computational errors have been made, or the documents have been properly
signed and in general whether the tenders are in order.
58.2. If there is a discrepancy between the unit price and the total price, which is obtained by
multiplying the unit price and quantity, or between Sub totals and the total price, the unit or
subtotal price shall prevail, and the total price shall be corrected accordingly. If there is a
discrepancy between words and figures, the rate in words shall prevail.
58.3. Prior to the detailed evaluation, the Department will also determine whether each bid is of
acceptable quality, is generally complete and is substantially responsive to the bidding
documents. For purposes of this determination, a substantially responsive bid is one that
conforms to all the terms, conditions and specifications of the bidding documents without
material deviations, objections, conditionality or reservation. A material deviation,
objections, conditionality or reservation is one;
58.3.1. That affects in any substantial way the scope, quality or performance of the contract.
58.3.2. Whose rectification would unfairly affect the competitive position of other
Tenderers who are presenting substantially response Bids.
59. EVALUATION AND COMPARISON OF TENDERS: The tenders, which are determined as
substantially responsive, shall be evaluated based on criteria as given in NIT. The tenderer must
submit all necessary authentic data with necessary supporting certificates of the various items of
evaluation criteria failing which his tender is liable to be rejected.
60. NEGOTIATIONS:
60.1 The competent authority reserves the right to negotiate the offer submitted by the tenderer to
withdraw certain conditions or to bring down the rates to a reasonable level. The tenderer
called for negotiations shall be required to furnish the following form of declaration before
commencement of negotiation:-“I ______________________________________________
do declare that in the event of failure of contemplated negotiations relating to Tender
No._____________________ dated _____________ my original tender shall remain open
for acceptance on its original terms and conditions.”
60.1. The tenderer must note that during negotiations of rates of items of statement of advertised
quantity, the rate can only be reduced and not increased by the tenderer. In case the tenderer
Page No.: 19
introduces any new condition or increases rates of any item of statement of advertised
quantity, his negotiated offer is liable to be rejected and the original offer shall remain valid
and binding on him.
61. CANVASSING: 61.1 No tenderer is permitted to canvass to the Department on any matter relating to this tender.
Any tenderer found doing so may be disqualified and his bid may be rejected.
62. CORRUPT AND FRAUDULENT PRACTICES: Department requires that Bidders
/Contractors observe the highest standard of ethics during the execution of Contract. In pursuance
of this policy, Department defines, for the purposes of this provision, the terms set forth below as
follows:
62.1 “Corrupt Practice” means the offering, giving, receiving, or soliciting of anything of value to
influence the action of public official in contract execution; and
62.2 “Fraudulent Practice” means a misrepresentation of facts in order to influence the execution
of a Contract which is detrimental to the department, and includes collusive practice among
bidders (prior to or after bid submission) designed to establish bid prices at artificial non-
competitive levels and to deprive department of the benefits of free and open competition.
62.3 Department will reject a proposal for award of contract, if it determines that the bidder
recommended for award has engaged corrupt or fraudulent practices in competing for the
Contract in question.
62.4 Fraud Prevention Policy: The bidder along with its associate / collaborator / sub-contractors /
sub-vendors / consultants / service providers shall strictly adhere to the Fraud Prevention
Policy of Employer and shall immediately apprise the Employer about any fraud or suspected
fraud as soon as it comes to their notice. If in terms of above policy it is established that
the bidder/ his representatives have committed any fraud while competing for this contract
then the bid security of the bidder shall be forfeited.
63 RIGHT TO ACCEPT ANY TENDER OR REJECT ALL TENDERS: 63.1 The Chief Engineer Kashmir Irrigation & Flood Control Department Srinagar /Engineer
reserves the right to accept, split, divide, Negotiate, cancel or reject any tender or to annul
and reject all tenders at any time prior to the award of the contract without incurring any
liability to the affected tenderers or any obligation to inform affected tenderer, the grounds
of such action.
63.2 If the tenderer deliberately gives wrong information in his tender or creates illegal
circumstances for the acceptance of his tender, the Department reserves right to forfeit their
Earnest Money and reject such tender at any stage. Such tenderer shall also be liable to be
debarred from all future tendering in the state of J&K (India)
63.3 If the tenderer, as individual or as a partner of partnership firm, expires after the submission
of his tender but before award of work, the Chief Engineer Kashmir Irrigation & Flood
Control Department Srinagar /Engineer shall deem such tender as invalid.
64 AWARD OF CONTRACT: 64.1 The Chief Engineer Kashmir Irrigation & Flood Control Department Srinagar shall notify the
successful tenderer in writing by mail/ a Registered Letter/Courier/ or through bearer that his
tender has been accepted.
64.2 Letter of intent shall constitute a legal and binding contract between the department and the
contractor till such time the contract agreement is signed.
65 EXECUTION OF CONTRACT DOCUMENT: 65.1 The tenderer whose tender is accepted shall be required to appear at the office of the Chief
Engineer Kashmir Irrigation & Flood Control Department Srinagar or before the State
contract committee in person or if a firm or corporation, the duly authorized representative
shall so appear, to sign the contract documents. Failure to do so, shall constitute a breach of
contract affected by the acceptance of tender in which case the full value of the earnest money
accompanying the tender shall stand forfeited without prejudice to any other rights or
remedies.
65.2 In the event of any tenderer whose tender is accepted shall refuse to execute the contract
agreement, there upon his tender and the acceptance thereof shall be treated as cancelled and
Page No.: 20
the Chief Engineer Kashmir Irrigation & Flood Control Department Srinagar shall be entitled
to forfeit the full amount of earnest money and to recover the liquidated damages for such
default as decided by the Chief Engineer Kashmir Irrigation & Flood Control Department
Srinagar.
66 FORM OF CONTRACT DOCUMENTS: 66.1 Every contract shall be complete in respect of the documents it shall constitute. Necessary
copies of the contract documents shall be signed by the competent authority i.e. The Chief
Engineer Kashmir Irrigation & Flood Control Department Srinagar and contractor and one
copy given to the contractor.
66.2 These instructions to the tenders shall be deemed to form a part of the tender documents.
67 COMPLETION PERIOD: The entire work is required to be completed in all respects within the
time mentioned in “General Information” from the date of issue of the letter of intent/allotment,
whichever is earlier.
68 SETTING OUT OF WORKS
68.1 The Center Line co-ordinates of the work will initially be provided by the Engineer or his
representative to the contractor. The contractor shall thereafter, set out the work and every
part thereof. The contractor shall be responsible for the accuracy of the lines, levels and
dimensions of the work in accordance with the drawings. The contractor shall also alter or
amend any error in the dimensions, lines or levels or work set out or constructed by him to
the satisfaction of the Engineer.
68.2 The earthwork in embankment and cuttings should be true to line and grade. For this purpose,
the contractor will, establish permanent benchmarks and stationery points as directed by
Engineer-in-charge. With reference to these, the alignment shall be set out and controlled by
the contractor. The alignment, level and grade shall be checked and controlled by the
contractor from time to time with reference to the directions of the site Engineer /as per the
scope of the work.
68.3 The works shall be set out to the satisfaction of the Engineer but his approval thereto shall
not, nor shall his joining with the contractor in setting out the work, relieve the contractor
from his entire and sole responsibility thereof.
69 COMPLETION 69.1 Cost of Remedying Defects: All works required to remedy defects or damage as may be
notified by Department shall be executed at the cost of the contractor, if and to the extent that
the work is attributable to:-
69.1.1 Any design for which the contractor is responsible.
69.1.2 Plant, Materials or Workmanship not being in accordance with the Contract, or
69.1.3 Failure by the contractor to comply with any other obligation.
69.2 Failure to Remedy Defects: The remedial work will be executed at the cost of the
contractor or if the contractor fails to remedy any defect or damage within a reasonable time,
Department may:-
69.2.1 Carry out the work itself or by others, in a reasonable manner and at contractor’s
cost,
69.2.2 If the defect or damage deprives Department of substantially the whole benefit of
the Works or any major part of the Works, terminate the Contract as a whole, or
in respect of such major part, which cannot be put to the intended use. Without
prejudice to any other rights, under the contract or otherwise, Department shall
then be entitled to recover all sums paid for the works or for such part plus
financing cost and the cost of dismantling the same, clearing the site and returning
Plant and Materials to the contractor.
70 Risk and Cost in Case of Failure of the Contractor 70.1 Time is the essence of the contract. All works awarded to the contractor shall be completed
in all respects within the stipulated period of completion.
70.2 In the event of failure on the part of the contractor for maintaining the pro-rata progress of
work as per agreed programme, Department reserves its right to make good the balance total
quantity of work awarded to the contractor by fixing any other agency on single tender basis
Page No.: 21
or through Departmental means as decided by the Engineer-in-charge at the risk and cost of
the contractor and the cost so incurred on this shall be to the account of the contractor.
71 The decision of the Engineer-in-Charge regarding the quantity of work to be carried out at the risk
and cost of the contractor, the rates at which various items of work to be executed and the selection
of the alternate agency to carry out such works will be final and binding on the contractor. The
extra amount incurred by Department due to such risk and cost of the contract will be recovered
from the contractor’s running bills, security deposit, or any other dues available with Department.
72 Guarantee and Warranty Within 28 days of issue of the Letter of intent from the competent authority, the successful
tenderer shall furnish the following documents.
72.1 An Undertaking and/or Guarantee in the approved format from a parent company, the identity
of which shall have been submitted in writing to the Chief Engineer prior to acceptance of
the Tender and against which the Chief Engineer shall have raised no objection.
72.2 In the event that the contractor comprise of two or more members/ corporations acting in
partnership/ joint venture, each such member or corporation shall submit a parent company
Undertaking and Guarantee.
72.3 Notwithstanding any other provision of the Contract Submission by the Contractor of the
requisite Performance Guarantee, Parent Company Undertakings and Written Guarantees
shall be condition precedent to the Contractor's entitlement to any payment, under the
Contract; and
72.4 Failure by the Contractor to provide Undertakings and/or Guarantees from parent company
shall entitle the Chief Engineer / Engineer-In-Charge either to suspend the Works or to
terminate the Contract forthwith by a notice in writing to that effect. Notwithstanding that the
Contractor may have been permitted to proceed with the Works and the Contractor shall not
be entitled to any compensation whatsoever as a consequence of such suspension or
termination.
73 DETERMINATION OF CONTRACT
73.1 Settlement of Disputes: All disputes or differences of any kind whatsoever that may arise
between the Department and the Contractor in connection with or arising out of the contract
or subject matter thereof or the execution of works, whether during the progress of works or
after their completion, whether before or after determination of contract shall be settled as
under:-
73.2 Mutual Settlement: All such disputes or differences shall in the first place be referred by the
Contractor to the Engineer-In-Charge in writing for resolving the same through mutual
discussions, negotiations, deliberation etc. associating representatives from both the sides and
concerted efforts shall be made for reaching amicable settlement of disputes or differences.
73.3 Arbitration 73.3.1 In case of doubt, dispute or difference/s arising out of contract, the same shall be
referred to the state Arbitration act, as per State Arbitration Act, as per standard
arbitration clause-29 provided in the agreement from which is reproduced here
under :
If at any time any question, any dispute or any difference/s, whatsoever, shall arise
between the parties upon or in relation to or in connection with the contract, either
of the parties may give to the other, notice in writing of the existence of such a
question, dispute or difference and same shall be referred to the arbitration of a
person to be mutually agreed upon or failing such agreement within 30days of such
notice of some person appointed by the Govt. of Jammu & Kashmir State India. This
submission shall be deemed to be a submission to arbitration within the meaning of
Jammu & Kashmir arbitration act & all rules framed here under or any statutory
modification thereof shall apply to such proceeding, disputes if any requiring
reference to courts shall be subjected to the jurisdiction of local courts of Srinagar,
Kashmir, J&K State (India)
78. No suspension of work
i) The obligations of the Department, the Engineer and the Contractor shall not be altered by
reasons of conciliation/arbitration being conducted during the progress of works. Neither
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party shall be entitled to suspend the work on account of conciliation/arbitration. Payments
to the Contractor shall continue to be made in terms of the contract.
79. Award to be binding on all Parties: The award of the Panel of Arbitrator, unless challenged in
court of law, shall be binding on all parties.
80. PHOTOGRAPHS OF CONSTRUCTION SITES (Progress) 80.1. The contractor is required to take and supply to Engineer-in-charge colored photographs and
films or CD’s of construction activities.
80.2. All the cost of CD’s etc, taking, developing and printing etc shall be deemed to have been
included in rates quoted against various items and nothing extra shall be paid for the above.
80.3. The Department shall have full ownership and copyright of all the photographs, and the
contractor shall indemnify Department against any claim of any sort.
.
81. QUANTITY VARIATION
81.1. CONTRACTOR shall not be entitled for any compensation for any decrease in quantity
executed and will be paid for reduced quantity of work only at the accepted rates.
81.2. For increase in quantities for all works, the accepted variation of each individual item of the
contract would be up to 25% of the quantity originally contracted.
The Contractor shall be bound to carry out the work at the agreed rates, terms & conditions
and shall not be entitled to any claim or any compensation whatsoever up to the limit of 25%
variation in quantity of individual item of work, subject to the approval of Chief Engineer
Kashmir Irrigation &F.C. Department Srinagar. The permissible rules of public works
accounts code and book of financial powers in vogue in the State of J& K shall apply. The
Engineer shall have a right to get these executed from any other agency or by his own labour,
materials and resources.
82. TENDER DRAWINGS: The information contained in the tender drawings shall be binding on the
contractor for the Performance of construction unless and otherwise stated in the specification or
shown in the approved construction drawings or as approved by Engineer in-charge. The change /
alteration to the proposed drawings / designs supplied by the Department has to be abided by the
bidder during execution.
83. GENERAL DESCRIPTION OF SITE AREA & CLIMATIC CONDITIONS 83.1. The alignment traverses through fairly level/marsh ground with canals and streams crossing
across.
83.2. The river Jhelum is serpentine in nature originating from Anantnag passing through center of
Srinagar and after enrooting through Wullar Lake it moves through Baramulla town and
finally flows into Pak occupied Kashmir.
83.3. The contractor while making sale of the dredged out material, has to dispose off of the
material at his own cost from dumping site & arrange the transporting facility by himself.
83.4. The regional geology and tectonic framework of the area indicates that the region is capable
of generating earthquake. The area falls in seismic zone-V of Indian standard seismic zoning
map of the country.
83.5. The J&K State climatically is distinctly divided in three parts namely the Jammu region, the
valley region and the Leh-Ladakh region. The climate in the project area for most parts of the
year is temperate. During the winter season the minimum temperature drops down below zero
degree and snowfall on the high mountains surrounding the valley occurs. The minimum
temperature around the site does not touch below minus12 degree centigrade and maximum
temperature of 36 degree centigrade.
83.6. Srinagar is the summer capital of J&K state having air connectivity with rest of country. The
airport is situated at about 12 kms from Srinagar city of Kashmir. The nearest railway station
is about 300 km from Srinagar at Jammu. The southern district head quarter Anantnag is about
55 kms from Srinagar, while as northern district Baramulla is also about 55 kms from
Srinagar.
84. RAIN FALL
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84.1. The rainfall in the project area is affected by western disturbances from December to May.
While there is rainfall throughout the year in the valley, March to April is generally the wettest
month and September to November is the driest. The Contractor is advised to satisfy himself
by his actual inspection of the site and also ascertain for himself the climatic condition records
from state government and/or Indian Meteorological Department Barzullah Srinagar before
submitting the tender.
85. LAND 85.1. Land needed for contractors’ labour camps, site offices and workshop/laboratory and also for
dumping of excavated material etc. at work site shall be arranged by Contractor/s at his/their
own cost. Departmental land if available, which can be spared, may also be given to the
Contractor for this purpose, however, the contractor shall have no claim on this account.
86. WATER SUPPLY: Water for safe drinking is scarce in the project area. The contractor shall be
responsible for making reliable arrangements for suitable water supply at his own cost for his
workmen. However the water required for the construction is available at the site.
87. POWER SUPPLY: Any electric supply required at the site of works for whatsoever purpose shall
have to be arranged by contractor. Contractor shall make his own arrangements for electric power
supply/installation of diesel generating sets etc. as required for the work at his own cost and the
rates quoted shall include the cost of providing such electric supply arrangements required for the
works and offices / accommodations etc.
88. WORKING CAMPS
88.1. It shall be desirable if the contractor/s have their labour camps, site offices & workshops in
one area keeping the security in view.
The contractor/s must establish labour camps with proper facilities and should keep the
areas in a neat and hygienic condition. The contractor/s shall also provide some office
accommodation for the Department. Officials in the so established camps free of any
charges. After completion of the work, the camps, if any, put up on the Department land shall
be removed by the contractor and the land handed over free of any encumbrance.
89. ANCILLARY WORKS: All other ancillary works and works incidental to main works shall be
carried out as per codes of practices and manual of instructions of the public works
Departments/Irrigation & Flood Control Department and as per the instructions of Engineer-in-
charge.
90. SCHEDULE OF RATES TO COVER RISKS OF DELAY: The Schedule of Rates shall be
deemed to include and cover the risk of all possibilities of delay and interference with the
contractor's conduct of work which occur from any causes including orders of the department
in the exercise of his power and on account of extension of time granted due to various reasons
and for all other possible or probable causes of delay.
91. SCHEDULE OF RATES CANNOT BE ALTERED: For work under unit rate basis,
no alteration will be allowed in the schedule of rates by reason of works or any
part of them being modified, altered, extended, diminished or committed. the
schedule of rates are fully inclusive of rates which have been fixed by the
contractor and agreed to by the department and cannot be altered. or lump sum
contracts, the payment will be made according to the work actually carried out,
for which purpose an item wise, or work wise schedule of rates shall be furnished,
suitable for evaluating the value of work done and preparing running account bill.
Payment for any additional work which is not covered in the Schedule of Rates, shall
only be released on issuance of change order.
Page No.: 24
92. MODE AND CERTIFICATE OF PAYMENT :
92.1. PAYMENT CERTIFICATE NOT TO EFFECT RIGHTS OF ENGINEER OR
CONTRACTOR: No certificate of the Engineer or any sum paid on account by him shall
effect or prejudice his right against the contractor or relieve the contractor of his obligations
for the due performance of the contract or be interpreted as approval of materials supplied and
no certificate shall make the Engineer liable to pay for alterations, amendments, variation or
additional work not ordered in writing by the Engineer or discharge the liquidity of contractor
for payment of damage whether duly ascertained or certified or not, or of any sum the payment
of which he is bound to indemnify the J&K Government , nor shall any such certificate not
the acceptance by him of any sum paid on account otherwise effect or prejudice the right of
the contractor against the J&K Government.
92.2. NO INTEREST ON CONTRACTOR’S DUES: No claim for interest shall be entertained
by the Engineer, with respect to any money or balance which may be in his hands in the
event of any dispute between the Department and the contractor or with respect to any delay
on the part of engineer in making interim or final payment or otherwise.
92.3. OVER PAYMENTS: In case of over payments in the running bills the same shall be
immediately recovered in the next ensuring bill or security deposit.
92.4. CURRENCY/PLACE AND TERMS OF PAYMENT: All payments shall be made to the
contractor in Indian currency. All payments to the contractor shall be subject to Income Tax,
Service Tax and other taxes in vogue in state PWD at the time of payment
92.5. All payments for the contractor shall be governed by all accounting and auditing provisions,
procedures, rules regulations, decrees. Laws etc. legislated enacted or in force in India and as
applicable to the State of J&K during the period of contract.
92.6. The 90% payment corresponding to actual work done quantities shall be made after
completion of every 10% of the job as a whole subject to subsequent check and verification
of bills duly attached with necessary documents.
93. BILLING PROCEDURE: Following procedures shall be adopted for billing of works executed
by the contractor.
93.1. All measurements shall be recorded on standard measurement sheets supplied by department
and submitted to department for scrutiny and passing.
93.2. Department shall scrutinize and check the measurements recorded on the sheets and
shall certify correctness of the same on the measurement sheets.
93.3. Engineer-in-charge of respective shall pass the bills after carrying out the comprehensive
checks in accordance with the terms and conditions of the contracts, within 7 days of
submission of the bills, complete in all respects and send the same to the department to effect
payment to the contractor.
93.4. Department shall make all Endeavour to make payments of undisputed amount of the bills
submitted based on the joint measurements within 15 (Fifteen) days from the date of
certification by the Engineer-in-Charge.
93.5. Measurements shall be recorded as per the methods of measurement spelt out in
specifications / contract document. department shall be fully responsible for checking
the measurements quantitatively and qualitatively as recorded in the Measurement Books/
Bills.
93.6. While preparing the final bills overall measurements will not be taken again. Only
volume of work executed since the last measured bill along with summary of final
measurements will be considered for the final bill. However, a detailed check shall be made
as to missing measurements and in case there are any missing items or measurements
the same shall be recorded.
93.7. The measurement of the quantity of the dredged out material will be calculated as per the
quantum of dredged out material present in the dyke. The procedure for calculation of quantum
will be carried as per the cross-sections recorded in the dyke before the use of dyke & after
the dyke is declared as filled, again the cross-sections will be again recorded. The cross-
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sections of the dyke will be recorded @ 20 mtrs c/c, however in case of any undulation in the
dyke surface, the c/c spacing of the cross-section will be accordingly reduced.
94. DISPUTE IN MODE OF MEASUREMENT: In case of any dispute as to the mode of
measurement not covered by the contract to be adopted for any item of work, mode of
measurement as per latest Indian Standard Specifications shall be followed.
95. ROUNDING OF AMOUNTS: In calculating the amount of each item due to the contractor in
every certificate prepared for payment, sum of less than 50 paise shall be omitted and the
total amount on each certificate shall be rounded off to the nearest rupees, i.e., sum of less than
50 paise shall be omitted and sums of 50 paise and more up to one rupee shall be reckoned as one
rupee.
96. LUMPSUM IN TENDER: The payment against any lump-sum item shall be made only on
completion of that item as per the provision of the contract after certification by engineer-in-
charge.
97. All running account payments shall be regarded as payment by way of advance against the final
payment only and not as payments for WORK actually done and completed and shall not preclude
the requiring of bad, unsound and imperfect or unskilled work to be removed and taken away
and reconstructed or re-erected or be considered as an admission of the due performance of
the contract, or any part thereof, in this respect, or of the accruing of any claim by the contractor,
nor shall it conclude, determine or affect in any way the powers of the department under these
conditions or any of them as to the final settlement and adjustment of the accounts or otherwise, or
in any other way vary or affect the contract. the final bill shall be submitted by the contractor within
one month of the date of physical completion of the work, otherwise, the engineer-in-charge's
certificate of the measurement and of total amount payable for the work accordingly shall be final
and binding on all parties.
98. NOTICE OF CLAIMS FOR ADDITIONAL PAYMENTS: Should the contractor consider
that he is entitled to any extra payment for any extra/additional works or material change in
original specifications carried out by him in respect of work he shall forthwith give notice in
writing to the engineer-in-charge that he claims extra payment. such notice shall be given to
the engineer-in-charge upon which contractor bases such claims and such notice shall contain full
particulars of the nature of such claim with full details of amount claimed. irrespective of any
provision in the contract to the contrary, the contractor must intimate his intention to lodge claim
on the department within 10 (ten) days of the commencement of happening of the event and
quantify the claim within 30 (thirty) days, failing which the contractor will lose his right to claim
any compensation/reimbursement/damages etc. or refer the matter to arbitration. failure on the
part of contractor to put forward any claim without the necessary particulars as above within
the time above specified shall be an absolute waiver thereof. No omission by Department to reject
any such claim and no delay in dealing therewith shall be waiver by Department of any of this rights
in respect thereof.
Engineer-in-charge shall review such claims within a reasonable period of time and cause
to discharge these in a manner considered appropriate after due deliberations thereon. However,
contractor shall be obliged to carry on with the work during the period in which his claims
are under consideration by the department, irrespective of the outcome of such claims, where
additional payments for works considered extra are justifiable in accordance with the contract
provisions, department shall arrange to release the same in the same manner as for normal work
payments. Such of the extra works so admitted by department shall be governed by all the terms,
conditions, stipulations and specifications as are applicable for the contract. The rates for extra
works shall generally be the unit rates provided for in the contract. in the event unit rates for extra
works so executed are not available as per contract, payments may either be released on day
work basis for which daily/hourly rates for workmen and hourly rates for equipment rental
shall apply, or on the unit rate for work executed shall be derived by interpolation/
extrapolation of unit rates already existing in the contract. in all the matters pertaining to
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applicability of rate and admittance of otherwise of an extra work claim of contractor the decision
of engineer-in-charge shall be final and binding.
99. PAYMENT OF CONTRACTOR'S BILL: No payment shall be made for works estimated to
cost less than Rs.10,000/- till the whole of the work shall have been completed and a certificate
of completion given. but in case of works estimated to cost more than Rs.10,000/-, that
contractor on submitting the bill thereof be entitled to receive payment as per para 94.6 The
payment will be made after making necessary corrections/deductions as stipulated elsewhere in
the contract document for materials, contract performance security, taxes etc.
100. RECEIPT FOR PAYMENT: Receipt for payment made on account of work when executed by a
firm, must be signed by a person holding due power of attorney in this respect on behalf of the
contractor, except when the CONTRACTOR's are described in their tender as a limited company
in which case the receipts must be signed in the name of the company by one of its principal
officers or by some other person having authority to give effectual receipt for the company.
101. The payments shall be made to the contractor in accordance with the procedure as laid
102. No mobilization advance shall be paid to the contractor/Firm
103. VARIATION AND ADJUSTMENTS
103.1. Price Variation Clause
103.2. The rates quoted by the tenderer and accepted by the department shall hold good till the
completion of work and no additional claim will be admissible on account of fluctuation in
market rates, tools etc.
103.3. No cognizance will be given for any sort of fluctuations in rates of any individual items for
the purpose of making adjustment in payments.
104. Performance Security: Within 28 days of issue of the Letter of intent / allotment, from the chief
competent authority, the successful tenderer shall furnish a Performance Security in the form of
bank guarantee on the proforma annexed as Appendix -XI from any Scheduled Bank for an amount
of 5% (five percent) of the original Contract value. The guarantee shall be valid for 60 days beyond
the contract period / the extended period of contract i.e., the time of completion.
The Bank Guarantee shall be operative till the same is approved for discharge by the
competent authority on satisfactory completion of work.
i) No payment under the contract shall be made to the Contractor before receipt of performance
security.
ii) Failure of the successful tenderer to furnish the required performance security shall be a
ground for the annulment of the award of the Contract and forfeiture of the Earnest Money
Deposit.
105. Retention Money (Security Deposit):- 105.1. Retention money/Security deposit for all contracts shall be recovered from on account/ final
bills of the Contractor @ 10% of amount of each bill and shall be released after preparation
of final bill & acceptance of the same by the contractor & satisfactory completion of the
work.
105.2. No interest shall be payable to the Contractor on the amount retained in cash towards
retention money.
106. Release of Performance Security:-
106.1. The whole of the Performance Security shall be liable to be forfeited by the competent
authority at his discretion in the event of any breach of contract on the part of the Contractor
or if the Contractor fails to perform or fulfil any of the conditions of the contract. On due
and faithful completion of the entire work, the Performance Security shall be returned to
the Contractor, subject to the issue of Completion Certificate by the Engineer. This shall
not relieve the Contractor from his obligations and liabilities, to make good any failures,
defects, imperfections, shrinkages, or faults that may be detected during the defect liability
period specified in the Contract.
107. APPLICATION FOR COMPLETION CERTIFICATE: When the contractor fulfils his
obligation as per scope he shall be eligible to apply for completion certificate. the Engineer-in-
charge shall normally issue to the contractor the completion certificate after receiving any
application& subsequent verification thereof.
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108. DEDUCTIONS FROM THE CONTRACT PRICE: All costs, damages or expenses which
department may have paid or incurred, which under the provisions of the contract, the contractor
is liable/will be liable, will be claimed by the department. All such claims shall be billed by the
department to the contractor regularly as and when they fall due. such claims shall be paid by the
contractor within 15 (fifteen) days of the receipt of the corresponding bills and if not paid by
the contractor within the said period, the department may, then, deduct the amount from any
moneys due i.e., contract performance security or becoming due to the contractor under the
contract or may be recovered by actions of law or otherwise, if the contractor fails to satisfy the
department of such claims.
109. If the contractor during the continuance of the contract shall become bankrupt, make any
arrangement or composition with his creditors, or permit any execution to be levied or go into
liquidation whether compulsory or voluntary not being merely a voluntary liquidation for the
purpose of amalgamation or reconstruction then in any such case, the department shall have the
power to enter upon the work and take possession thereof and of the materials, temporary
work, construction plant, and stock thereon, and to revoke the contractor's license to use the
same, and to complete the work by his agents, other contractors or workmen or to relate
the same upon any terms and to such other person, firm or corporation as the department
in his absolute discretion may think proper to employ and for the purpose aforesaid to use or
authorize the use of any materials, temporary work, construction plant, and stock as aforesaid,
without making payment or allowance to the contractor for the said materials other than such as
may be certified in writing by the engineer-in-charge to be reasonable, and without making any
payment or allowance to the contractor for the use of the temporary said works, construction
plant and stock or being liable for any loss or damage thereto, and if the department shall by
reason of his taking possession of the work or of the work being completed by other
contractor (due account being taken of any such extra work or works which may or be omitted) then
the amount of such excess as certified by the engineer-in- charge shall be deducted from any
money which may be due for work done by the contractor under the contract and not paid for.
any deficiency shall forthwith be made good and paid to the department by the contractor
and the department shall have power to sell in such manner and for such price as he may think
fit all or any of the construction plant, materials etc. constructed by or belonging to and to
recoup and retain the said deficiency or any part thereof out of proceeds of the sale.
110. WORKMEN COMPENSATION AND DEPARTMENT'S LIABILITY INSURANCE:
Insurance shall be effected for all the contractor's employees engaged in the performance of
this contract. if any of the work is sublet, the contractor shall require the sub-contractor to provide
workman's compensation and department's liability insurance for the later's employees if such
employees are not covered under the contractor's Insurance.
111. ACCIDENT OR INJURY TO WORKMEN: The department shall not be liable for or in respect
of any damages or compensation payable at law in respect or in consequence of any accident or
injury to any workman or other person in the employment of the contractor or any sub-contractor
save and except an accident or injury resulting from any act or default of the department, his agents
or servants and the contractor shall indemnify and keep indemnified the department against all
such damages and compensation (save and except and aforesaid) and against all claims,
demands, proceeding, costs, charges and expenses, whatsoever in respect or in relation thereto.
112. TRANSIT INSURANCE: In respect of all items to be transported by the contractor to the site of
work, the cost of transit insurance should be borne by the contractor and the quoted price shall be
inclusive of this cost.
113. COMPREHENSIVE AUTOMOBILE INSURANCE: This insurance shall be in such a form as to
protect the contractor against all claims for injuries, disability, disease and death to members of public
including department’s men and damage to the property of others arising from the use of motor
vehicles during on or off the `site’ operations, irrespective of the ownership of such vehicles.
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114. COMPREHENSIVE GENERAL LIABILITY INSURANCE:
114.1. This insurance shall protect the Contractor against all claims arising from injuries,
disabilities, disease or death of member of public or damage to property of others due to any
act or omission on the part of the Contractor, his agents, his employees, his representatives
and Sub-Contractor’s or from riots, strikes and civil commotion.
114.2. Contractor shall take suitable Group Personal Accident Insurance Cover for taking care of
injury, damage or any other risks in respect of his Engineers and other Supervisory staff who
are not covered under Employees State Insurance Act.
114.3. The policy shall cover third party liability. The third party (liability shall cover the loss/
disablement of human life (person not belonging to the Contractor) and also cover the risk
of damage to others materials/ equipment/ properties during construction, erection and
commissioning at site. The value of third party liability for compensation for loss of human
life or partial/full disablement shall be of required statutory value but not less than Rs. 2
lakhs per death, Rs. 1.5 lakhs per full disablement and Rs. 1 lakh per partial disablement and
shall nevertheless cover such compensation as may be awarded by Court by Law in
Jammu and Kashmir and cover for damage to others equipment/ property as approved by
the Purchaser. However, third party risk shall be maximum to Rs. 10(ten) lakhs to death.) The
Contractor shall also arrange suitable insurance to cover damage, loss, accidents, risks etc.,
in respect of all his plant, equipment and machinery, erection tools & tackles and all other
temporary attachments brought by him at site to execute the work.) The Contractor shall take
out insurance policy in the joint name of department and Contractor from one or more
nationalized insurance company from any branch office at Project site.) Any such insurance
requirements as are hereby established as the minimum policies and coverage which
Contractor must secure and keep in force must be complied with, Contractor shall at all
times be free to obtain additional or increased coverage at Contractor’s sole expenses.
115. ANY OTHER INSURANCE REQUIRED UNDER LAW OR REGULATIONS OR BY
DEPARTMENT: Contractor shall also carry and maintain any and all other insurance(s) which he
may be required under any law or regulation from time to time without any extra cost to
department. He shall also carry and maintain any other insurance which may be required by the
DEPARTMENT.
116. DAMAGE TO PROPERTY OR TO ANY PERSON OR ANY THIRD PARTY : contractor shall
be responsible for making good to the satisfaction of the department any loss or any damage to
structures and properties belonging to the department or being executed or procured or being
procured by the department or of other agencies within in the premises of all the work of the
department, if such loss or damage is due to fault and/or the negligence of the contractor, his
employees, agents, representatives or sub-contractors ,the cost of such damages including eventual
loss of production, operation or services in any plant or establishment as estimated by the department
or ascertained or demanded by the third party shall be borne by the contractor. the contractor shall
indemnify and keep the department harmless of all claims for damages to property other than
department's property arising under or by reason of this agreement, if such claims result from the fault
and/or negligence or willful acts or omission of the contractor, his employees, agents, representative
of sub-contractor.
117. CONTRACTOR’S EMPLOYEES/LABOUR:
117.1. The contractor shall employ labour in sufficient number to maintain the required progress and
of quality to ensure workmanship of the degree specified in the contract and to the satisfaction
of the Engineer. The contractor shall not employ in connection with the works any person who
has not completed Eighteen years of age.
117.2. The contractor shall furnish and deliver the credentials office establishment in all respects
engaged/dis-engaged for the contract during the act of execution.
117.3. The contractor shall pay to labour employed by him either directly or through sub-contractors
wages not less than wages as defined in the contract labour (regulation and abolition) Act 1970
with General rules framed there under and amendments made from time to time.
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117.4. The contractor shall be liable to pay the employees contributions to the State Insurance
Scheme in respect of all labor employed by him for the execution of the contract, in
accordance with the provision of the Employees labour law, the engineer without prejudice
to any other right or remedy under contract shall be empowered to deduct such sum or sums
from the bills of the contractor or from his security deposit or from the other payments due
under this contract or any other contract to satisfy within a reasonable time the provisions of
the various acts/laws/rules/codes mentioned under labour law, on the part of the contractor
under the make payment and/or provide amenities facilities/services accordingly. In this
regard the decision of the Engineer shall be conclusive and binding on the contractor.
117.5. The contractor shall at his own expense comply with or cause to be complied with the
provisions /rules provided for welfare and health of contract labour in the contract labour
(regulation and abolition) Act and other relevant Acts and Rules framed there under or any
other instructions issued by the Department in this regard for the protection of health and for
making sanitary arraignments for workers employed directly or indirectly on the works. In
case, the contractor fails to make arrangements as aforesaid, the Engineer shall be entitled
to do so and recover to cost thereof from the contractor.
117.6. The contractor shall at his own expense arrange for the safety provisions as required by the
Engineer, in respect of all labour directly or indirectly by the Engineer, in respect of all
labour directly or indirectly employed for performance of the works
118. JURISDICTION: The contract shall be governed by and constructed according to the laws in
force in Jammu and Kashmir. the contractor hereby submits to the jurisdiction of the courts
situated at Srinagar for the purposes of disputes, actions and proceedings arising out of the
contract, the courts at Srinagar only will have the jurisdiction to hear and decide such disputed,
actions and proceedings.
119. SAFETY REGULATIONS: In respect of all labour, directly employed in the work for the
performance of contractor’s part of this agreement, the contractor shall at his own expense arrange
for all the safety provisions as per safety codes of Indian standards institution. The electricity act,
the mines act and such other acts as applicable.
120. FIRST AID AND INDUSTRIAL INJURIES:
120.1. Contractor shall maintain first aid facilities for its employees and those of its sub-contractor.
120.2. Contractor shall make outside arrangements for ambulance service and for the treatment
of industrial injuries. Names of those providing these services shall be furnished to
department prior to start of construction and their telephone numbers shall be
prominently posted in contractor's field office.
120.3. All critical industrial injuries shall be reported promptly to department, and a copy
of contractor's report covering each personal injury requiring the attention of a physician
shall be furnished to the department.
121. GENERAL RULES: Smoking within the battery area, tank farm or dock limits is strictly
prohibited. Violators of the no smoking rules shall be discharged immediately.
122. Form of Agreement: All other Terms & Conditions shall remain same as in P.WD Form 25
(Double)
123. PROTECTION OF ENVIRONMENT:
123.1. The contractor shall take all reasonable steps to protect the environment on and off the site
and to avoid damage or nuisance to persons or to property of the public or others resulting
from pollution, noise or other causes arising as a consequence of his methods of operation.
123.2. During continuance of the contract, the contractor and his representative shall abide at all
times by all existing enactments on environmental protection and rules made there under,
regulations, notifications and bye-laws of the State and Central Government, or local
authorities and any other law, bye-law, regulations that may be passed or notifications that
may be issued in this respect in future by the State or Central Government or the local
authority.
Page No.: 30
123.3. The contractor shall implement the Environmental Management Plan (EMP) measures,
enhancement measures and measures as directed by ENGINEER from time to time. Some
of these measures as part of Environmental Management Plan (EMP).
123.4. The contractor shall submit a report on compliance as per the monitoring Plan approved by
state authorities. Submitted by the contractor. Salient features of some of the major laws that
are applicable are given below.
124. The Water (Prevention and control of Pollution) Act, 1974.
124.1. This provides for the prevention and control of water pollution and the maintaining and
restoring the wholesomeness of water.
124.2. “Pollution means such contamination of water or such alteration of the physical, chemical
or biological properties of water or such discharge of any sewage or trade effluent or of any
other liquid, gaseous or solid substance into water(whether directly or indirectly) as may or
is like to, create a nuisance or render such water harmful or injurious to public health or
safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the
life and health of animals and plants or of aquatic organisms.
125. The Air (Prevention and control of Pollution) Act, 1981.This provides for the prevention, control
and abatement of air pollution. ‘Air Pollution” means the presence in the atmosphere of any ‘air
pollutant” which means any solid, liquid or gaseous substance (including noise) present in the
atmosphere in such concentration as may be or tend to be injurious to human beings or other living
creatures or plants or properties or environment.
126. The Environment (Protection) Act, 1986.
127. This provides for the protection and improvement of environment and for matters connected
therewith, and the prevention of hazards to human beings, other living creatures, plants and
property. ‘Environment includes water, air and land and the inter-relationship, which exists among
and between water, air and land, and human beings, other living creatures, plants, microorganisms
and property.
128. The Public Liability Insurance Act, 1991. This provides for public liability insurance for the purpose of providing immediate relief to the persons
affected by accident occurring while handling hazardous substances and for matters connected herewith or
incidental thereto. Hazardous substance means any substance or preparation, which is, defined as hazardous
substance under the Environment (Protection) Act, 1986, and exceeding such quantity as may be specified
by notification by the State or Central government. Key Environmental legislation in India are reported in
Table below...
TABLE 1.1ENVIRONMENTAL MANAGEMENT PLAN DURING CONSTRUCTION
Environmental issue Mitigation Measure
Site Clearance All vegetation required to be cleared should be disposed at designated sites
of Municipal Corporation/Project.
Generation of dust due
to construction
activities
All vehicles delivering material to the site shall be covered to avoid material
spillage. Construction site should be watered adequately and periodically to
minimize fugitive dust generation so that SPM standards are not exceeded.
All possible and practical measures to control dust emission during drilling
operations shall be employed.
Idling of delivery trucks or other equipment should not be permitted
unnecessarily during periods of unloading or when they are not in active
use.
Emissions from
construction
equipments/vehicles
Concrete batching plant be located at or near the project site so that there is
no/minimum requirement of delivery trucks.
Exhaust emissions from all construction equipments shall adhere to vehicle
emission norms laid out by state Pollution Control Board (SPCB).
Page No.: 31
Escaping of dust from
Storage Earthwork
All earthwork and construction material should be stored in such a manner
so that generation of dust will be minimized.
Generation of Noise
due to construction
activities
Welding machines operating on electricity and gas should be used during
construction activities
Noise from
construction
equipment required to
be used.
The sitting of construction yard should be done leaving at least 100m
distance from any residential areas. This will allow the noise to attenuate.
Noise emitting equipment to be used, shall adhere to emission norms as laid
out by SPCB.
Special acoustic enclosures (by way of noise shields, which can, be either
brick masonry structure or any other physical barrier) should be provided
for individual noise generating construction equipment such as Cement
Concrete Mixers,
Generators, Dumpers / Trucks, Bulldozers, Excavators. Damaged silencers
to be promptly replaced by the contractor.
Operation hours for noise generating equipments such as pile driving,
drilling and other construction activities, etc. shall be according to
prevailing local laws and pre-approved by SPCB.
Drilling operation should be done intermittently wherever possible.
Construction activities involving noise-making equipment should be
avoided during night-time, especially in the residential areas.
Exposure to loud noise Earplugs/ear mufflers should be provided to workers exposed to loud noise
(As per Factory Act requirements)
Impact on drains Earth, stone or any other construction material should be properly stored
away from drains so as not to block the flow of drainage system.
Construction material containing fine particles should be stored in an
enclosure such that sediment laden water does not drain into nearby water
body especially near the south portal.
Siltation of water Body
Siltation of soil into river near the alignment shall be prevented as far as
possible by adapting soil erosion control measures such as
turfing/pitching/stepping etc. on the slopes.
Waste collection,
recycling and disposal
during construction
phase.
Construction waste includes waste arising from foundation excavation, land
excavation, site formation, civil / building construction, roadwork,
renovation or demolition activities and mixed site clearance materials.
The excavated material collected should directly be kept in the dumpers
used for transportation. These dumpers carrying soil should not spill during
transportation to the receiving point and they should be covered. The
soil/earth construction spoils will be dumped at designated sites.
Contamination by
aqueous waste and
sewage etc.
No lubricants, oils, solvents or paint products should be allowed to
discharge into water courses, either by direct discharge, or as contaminants
carried in surface water runoff from the construction site. All aqueous
wastes and Site runoff should comply with the CPCB standards.
Domestic sewage generated from any additional site toilets and washing
facilities provided for construction workers should be collected separately
and disposed off or appropriately treated to comply with statutory
requirements.
Sourcing quarry
materials
The contractor shall abide by the contract conditions and directions of the
Department /Engineer with respect to siting of labour camps, if provided.
Labour camps should be provided with proper water supply sanitation,
medical and educational facilities and labour welfare issues, etc.
Labour force in the labour camps should be provided with LPG cylinders to
avoid encroachment on forest area during construction phase.
Page No.: 32
Occupational health
and safety
The contractor is required to comply with all the precautions as required for
the safety of workmen as per the International Labour Organization (ILO)
convention No. 62, as far as those are applicable to the contract.
Provision of safety
accessories/appliances
to each worker
The contractor shall supply all necessary safety appliances such as safety
goggles, helmets, safety belts, earplugs, masks etc. to the workers and staff.
Safety precautions
Adequate precautions shall be taken to prevent danger from electrical
equipment. All machines/equipment used shall confirm to the relevant
Indian standards (IS) codes and shall be regularly inspected by the
Department.
Availability of first aid
kit at construction site
A readily available first aid unit including an adequate supply of sterilized
dressing material and appliances shall be provided as per the requirements
under the Factory Act. Depending upon the number, the health facilities
shall be arranged As WHO norms.
Workers and
Commuters
health and Hygiene
All anti-malarial measures as prescribed by the Health Department of J&K
shall be compiled with, including filling up of borrow pits.
Debris Disposal
Good disposal practices as recommended in DPR shall be followed.
Temporary disposal of demolition debris, felled trees or stockyard beyond
the project corridor must be avoided.
The top soil from the stockpile shall be used to cover disturbed areas and
also for re-development of borrow areas, landscaping and roadside
plantation.
Executive Engineer
Irrigation &FC Division
Baramulla
Page No.: 33
A P P E N D I C E S
List of Appendices
S. NO NO DESCRIPTION REFERENCES PAGE NO
1. Tenderers Information Appendix I 34
2. Statement of similar works completed
during last 5 years
Appendix II 35
3. Statement of works abandoned/left
incomplete
Appendix III 36
4. Turnover Appendix IV 37
5. Litigation History Appendix V (2 pages) 38-39
6. Undertaking by Tenderer Appendix VI 40
7. Affidavit Appendix VII 41
8. Joint Venture Agreement Appendix VIII 42-43
9. Certificate of Familiarization Appendix IX 44
10. Performance Bank Guarantee Appendix XI 45
Page No.: 34
Tenderer’s Information Appendix –I
All individual firms and each partner of a joint venture are requested to complete the information in this
form.
1. Name of Tenderer:-
2. Head office Address
2. Address on which Correspondence should be done with Tel. Nos., Fax No. & E-mail
address
3. Place of incorporation / registration
4. Year of incorporation / registration
5. Constitution of Tenderer/s
I) specify, if the Tenderer is
a. An individual
b. A proprietary firm
c. A firm in partnership
d. A Limited Company or Corporation
e. A group of firms / joint venture
(If yes, give complete information in respect of each
Member) _____________________
II) Attach a copy of Proprietorship or Partnership Deed or
Article of Association or Incorporation of Company or JV
Agreement as the case may be. _____________________
6. Give particulars of registration with Govt. /Semi Govt. / Public
Sector Undertakings/Local Bodies. ______________________
Page No.: 35
Appendix -II
Statement of Similar works as in Eligibility Criteria Executed/completed during the last 5 years
ending 31/03/2015
Nam
e of
work
Allotment
/award
No &
date
Name &
address of
client who
awarded
(Including
Tele /Fax
No.
Contract
value in
Rs.
Original
/revised
Date of
award
of work
Date of
comple
tion
origina
l/revise
d
Actual
date of
comp
Comp
. cost
Type
of
work
Remarks
explaining
reasons for
delay in
work
completion
if any
1 2 3 4 5 6 7 8 9 10
NOTE
1) The Tenderer should provide information as per this Proforma for the firm /company and
for each Member in case of joint venture for all completed similar works as per eligibility
criteria’s works during last 5 years ending 31.03.2015.
2) Certificate from client for the above information should be attached with the offer.
Page No.: 36
Appendix -III
Statement of Works Abandoned / left Incomplete
Tenderer should provide information as per this Proforma for the firm/company and for each
member in Case of joint venture for last five years ending 31.03.2015.
S.
No
Nam
e of
the
wok
Date
of
Awar
d of
work
Allott/
award
No &
date
Name &
address of
client who
awarded
(Including
Tele
/Fax.)
Contract
value
(Rupees)
Original/
revised
Percentage
of work
executed.
Month &
year since
abandoned `
Reasons for
abandoning
the work
1 2 3 4 5 6 7 8 9
Page No.: 37
Appendix - IV
Annual Turnover Record
Tenderer should provide information as per this Performa for the firm/company and for each member in
case of joint venture for the annual turnover from civil Engineering works in terms of Gross payment
received through various contracts during the last 5 years ending 31.03.2015
Use a separate sheet for each partner of a joint venture.
Annual Turnover Record
Financial Year Turnover (In Rs.)
1. 2010-2011
2. 2011-2012
3. 2012-2013
4. 2013-2014
5. 2014-2015
Please attach Annual Report, audited balance sheet & profit & loss account for the last five years ending
31.03.2015to support the above information for the firm/company and for each member in case of JV should
be submitted by the Tenderer /s.
Page No.: 38
Appendix – V(Page ½)
Litigation History
Tenderer should provide information as per this Performa for the firm/company and for each
member in case of joint venture on any history of litigation or arbitration resulting from contracts
executed in the last 5 years ending 31.03.2015 or currently in execution.
A separate sheet should be used for each partner of the joint venture.
A) ARBITRATION CASES
Year Name of work Name and address of
Client
Cause of litigation
and matter in
dispute
Disputed
amount
in Rs.
Actual
Award
amount in
Rs.
B) COURT CASES
Year Name of work Name and
address of Client
Cause of litigation
and matter in
dispute
Name of
court
If judgment
given whether
for or against
the Tenderer
Page No.: 39
Appendix – V (Page 2/2)
C) INFORMATION REGARDING CURRENT LITIGATION, DEBARRING/EXPELLING OF
Tenderer OR ABANDONMENT OF WORK BY Tenderer.
1 (a) Has the Applicant or its constituent partners consistent history of Litigation…..Yes/No
(b) If yes, give details:
2 (a) Has the Applicant or any of its constituent partner been debarred/ expelled by any Agency
in J&K state /India, during the last 5 year on the date of application except on account of reasons
other than on- performance, such as rescinding of joint venture due to one of the member of
joint venture pulling out, court directions leading to breaking up of a joint venture before start
of work… Yes/No
(b) If yes, give details:
3 (a) Has the Applicant or any of its constituent partners abandoned any contract work during
the last 5 years… Yes/No
(b) If yes, give details:
4 (a) Has the Applicant or any of its constituent partner been declared bankrupt during the last 5
years… Yes/No
(b) If yes, give details, including present status:
5 Has the Applicant or any of its constituent partner been debarred by client or by any
Department… Yes/No
Note: i) Separate sheet may be used for giving detailed information.
If any information in this schedule is found to be incorrect or concealed, pre-
Qualification application will be summarily rejected.
Note: i) Separate sheet may be used for giving detailed information.
ii) If any information in this schedule is found to be incorrect or concealed, pre-qualification
application will be summarily rejected.
Page No.: 40
Appendix - VI
UNDERTAKING BY TENDERER
Being duly authorized to represent and act on behalf of …………………. and having reviewed and fully
understood all the eligibility requirements and information provided, the undersigned hereby declare that:
i) The statement made and information provided in the bid application is completely true and correct in
every detail.
ii) This application is made in the full understanding that:
(a) Tenders by Applicants will be subject to verification of all information submitted at the time of
bidding & your organization or any authorized representative is hereby authorized to conduct
any inquiries or investigations to verify the statements, documents and information submitted in
connection with the application and to seek clarification from our bankers, clients regarding any
financial & technical aspects. ;
(b) In the event that the information/document submitted are found to be false or misleading, this
Bid application will be disqualified.
iii) Department reserves the right to:-
(a) Modify the scope of work including methodology of construction and the Tenderers shall have
no Claim on this account.
(b) Reject or accept any application, cancel the tender process, and reject all applications without
Assigning any reason therefore.
Signed
______________________________________
Name_________________________________
For & on behalf of______________________
Name of Applicant_______________-______
Firm/Company/JV
Page No.: 41
Appendix - VII
AFFIDAVIT*
(In case of Joint Venture to be given separately by each partner)
1. I, the undersigned, do hereby certify that all the statements made in the accompanying attachments
are true and correct.
2. The undersigned also hereby certifies that neither our concern M/s. ……………….. nor any of its
Constituent partners/Directors have abandoned any work Kmr .I&FC Department, Srinagar nor any
contracts awarded to us for such works have been rescinded, during the last five years prior to the
date of this application.
3. The undersigned hereby authorize(s) and request(s) our bank(s), our concerns and all of its partners
/Directors / officers to furnish such information as may be necessary or required by Executive
Engineer I & FC Division Baramulla& Chief Engineer, Kashmir Irrigation & Flood Control
Department, Srinagar to verify the truth of this statement contained in this affidavit and the
Accompanying attachments or regarding my (our) competence and general reputation
4. The undersigned understands that further qualifying information may be required by Chief Engineer
Kashmir Irrigation & Flood Control Department, Srinagar and hereby agrees to furnish any such
information at the request of the Kashmir Irrigation & Flood Control Department, Srinagar
________________________________
Signed by an Authorized Officer of the Firm
________________________________
Title of Officer
________________________________
Name of Firm
________________________________
Date
Page No.: 42
To be given on Non-judicial stamp paper duly signed by authorized notary.
Appendix – VIII
Page 1/2
JOINT VENTURE AGREEMENT
This Joint Venture Agreement executed at …………………………….. on …………. day of …………. ,
2015 between M/s. ………………………………… Registered office at ………………………. as the first
party and M/s…………………………………….. Registered office at …………………………………
represented through their constituted attorney Mr…………… S/o Mr………………………… as the
second party………………………………….. as the third party (The expression and words of the first and
second and third party shall mean and include their heirs, successors, assigns, nominees execution,
administrators and legal representative respectively)
Whereas all the parties are engaged mainly in the business of Civil Engineering and General Contracts for
various Government Departments and Organizations.
WHEREAS the parties herein above mentioned are desirous of entering into a Joint Venture for carrying
on Engineering and/or contract works, in connection with
……………………………………………………… and other works mentioned in tender notice no.
……………… dated -------------of chief Engineer, Kashmir Irrigation & Flood control Department,
Srinagar. Issued through Executive Engineer, I & FC Division Baramulla, in connection with any other
work, as mutually decided between the parties of this Joint Venture.
NOW THIS AGREEMENT WITNESSES AS UNDER:
1. That in and under this Joint Venture Agreement the work will be done jointly by the first party and second
party in the name & style of M/s. …………………. (Joint Venture M/s…………………………………..,
and M/s. …………………………………..)
* clarify whether a company or a partnership firm or a sole proprietary firm.
2. That all the parties shall be legally liable, severally and jointly responsible for the satisfactory/ successful
execution/ completion of the work in all respects and in accordance with terms & conditions of the contract.
3. That the role of each constituent of the said Joint Venture in details shall be as under
The first party shall be for …………………..
The second party shall be for …………………..
Page No.: 43
Appendix – VIII
(Page 2/2)
The share of Profit & Loss of each constituent of the said Joint Venture shall be as under:
(JV partners have to indicate here)
1. That all the parties of this Joint Venture shall depute their experienced staff as committed
commensurate with their role and responsibilities and as required for the successful completion of
the works in close consultation with each other.
2. That the investment required for the works under this Joint Venture shall be brought in by the parties
as agreed between them from time to time.
3. That all the Bank Guarantees shall be furnished jointly by all the parties in the name of Joint Venture.
4. That the party number ………………… to this Joint Venture shall be the prime (lead) contractor
and will be responsible for timely completion of work and to coordinate with the Executive Engineer
I & FC Division Baramulla to receive payments and also to make all correspondence on behalf of
this Consortium/Joint Venture.
5. That all the above noted parties i.e. ………………….…………. not to make any changes in the
agreement without prior written consent of the Executive Engineer I & FC Division Baramulla.
NOW THE PARTIES HAVE JOINED HANDS TO FORM THIS JOINT VENTURE ON
THIS…………………. DAY OF ……………. TWO THOUSAND ……. WITH REFERENCE TO AND
IN CONFIRMATION OF THEIR DISCUSSIONS AND UNDERSTANDING BROUGHT ON RECORD
ON …………………….
IN WITNESS THEREOF THE ABOVE NAMED PARTIES HAVE SET THEIR RESPECTIVE HANDS
ON THIS JOINT VENTURE AGREEMENT ON THE DAY, MONTH AND YEAR ABOVE
MENTIONED IN THE PRESENCE OF THE FOLLOWING WITNESSES:
WITNESSES
1. First Party
2. Second Party
Note:
1. In case of a company please submit the article of association along with power of
attorney/board resolution authorizing the person signing the agreement.
2. In case of a partnership firm please submit the partnership deed along with the power of
attorney.
3. In case of a sole proprietary firm please submit an affidavit authorizing the signatory to the
JV
Page No.: 44
Appendix - IX
CERTIFICATE OF FAMILIARISATION
A. I/We hereby solemnly declare that I/We have visited the site of work and have familiarized
myself/ourselves of the working conditions there in all respects and in particular, the following:-
a) Topography of the Area.
b) Soil & rock conditions at the site of work.
c) Sources & availability of construction material.
d) Borrow areas of earth and Muck dumping sites.
e) Rates for construction materials.
f) Availability of local labour, both skilled and unskilled and the prevailing labour rates.
g) Availability of water & electricity.
h) The existing roads and access to the site of work.
i) Availability of space for putting labour camps, Offices, stores, Explosive magazine, godown,
Engineering yard etc.
j) Climatic condition and availability of working days.
k) Law & Order, Security & Working conditions.
l) Methodology to be adopted for successful completion of work.
m) Working hours and shifts for completing the work as per tender conditions.
B. I/We have kept myself/ourselves fully informed of the provisions of this tender document comprising
NIT, General Information, Form of Bid, Instructions to the Tenderers & Appendices, General
Conditions of the Contract, Special Conditions of Contract, and Specifications, Annexure and
Statement of advertised Quantities apart from information conveyed to me / us through various other
provisions in this tender document.
C. I/We have quoted my / our rates for each of the items in “Schedule of Items, as per the SSR-2008
Quantities and Rates” /Statement of advertised Quantities taking into account all the factors given
above and elsewhere in tender document.
(Signature of Tenderer/s)
Page No.: 45
Appendix - X
PERFORMANCE BANK GUARANTEE (UNCONDITIONAL)
To
Chief Engineer
Kashmir Irrigation & Flood Control Department,
Silk Factory Road Rajbagh Srinagar -190008.
Name & Address of Project: - “Dredging of OFC (River Jhelum) from Sopore to Sheeri Baramulla
at various Spots”
[Acting through Executive Engineer I & FC Division Baramulla District Baramulla
(WHEREAS __________________ [Name and address of contractor] (hereinafter called “the Contractor”)
has undertaken, in pursuance of Contract No.____________________ dated __________ to execute
____________________________________________________ [name of Contract and brief description
of Works] (hereinafter called “the Contract.”) ;
AND WHEREAS it has been stipulated by you in the said Contract that the contractor shall furnish you
with a Bank Guarantee by a scheduled bank for the sum specified therein as security for compliance with
his obligations in accordance with the Contract;
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee;
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf of the
Contractor, up to a total of ______________________ [amount of Guarantee],
____________________________________________ [amount in words], such sum being payable in the
types and proportions of currencies in which the Contract Price is payable, and we undertake to pay you,
upon your first written demand and without cavil or argument, any sum or sums within the limits of
_______________[amount of Guarantee] as aforesaid without your needing to prove or to show grounds or
reasons for your demand for the sum specified therein. We hereby waive the necessity of your demanding
the said debt from the Contractor before presenting us with the demand. We further agree that no change or
addition to or other modification of the terms of the Contract or of the Works to be performed there under
or of any of the Contract documents which may be made between you and the Contractor shall in any way
release us from any liability under this guarantee, and we hereby waive notice of any such change, addition
or modification.
This guarantee shall be valid upto _______ (a date 60 days from the date of completion of the work).
SIGNATURE AND SEAL OF THE GUARANTOR
Name of Bank:
Address:
Date:
Page No.: 46
GENERAL CONDITIONS OF CONTRACT
1. The intending tenderer are advised in their interest to visit the site to assess fully the work and working
conditions before tendering. Any clarification shall be sought before submission of tenders.
2. Bidders are advised to download bide submission manual from the “Downloads” option as well as
from “Bidders Manual Kit” on Website www.jktenders.gov.in acquaint bid submission process. To
participate in bidding process, bidders have to get “Digital Signature Certificate (DSC)” as per
information Technology Act 2000. Bidders can get digital certificate from any approved vendor.
3. The bidders have to submit their bids online in electronic format with digital signature. No. financial
bid will be accepted in physical form.
4. Bids will be opened online as per time schedule mentioned on Top sheet etc.
5. Bids must ensure to upload scanned copy of all necessary documents with bid. Besides
original/photocopies of documents related to the bid be submitted physically/be registered
post/through courier before the date specified above.
Note:- Scan all the documents on 100dpi with black and white option.
6. The department will not be responsible for delay in online submission due to any reasons.
7. Scanned copy of cost of tender document in shape of Demand Draft in favour of the Executive
Engineer I & FC Division Baramulla and Earnest money/bid security in shape of CDR/FDR if
applicable pledged to Chief Engineer Kashmir Irrigation & F.C. Department , Srinagar must be
upload with the bid. The original demand draft (Cost of tender document), CDR/FDR (earnest
money/bid security) and relevant documents to be submitted to the tender opening authority by
registered post/courier/by hand before due date of submission of tender/as per time schedule specified.
8.(a) Bidders are advised not to make any change in BOQ/(Bill of quantities) contents. In no case they
should attempt to create similar BOQ manually. The BOQ download should be used for filling the
item rate inclusive of all taxes and it should be saved with the same name as it contains.
9.a (i).Contractor/Bidder who fails to submit the hard copies for their uploaded tenders will be
debarred form participating in the tendering process for a period of six months in the first
instance. Their online uploaded tenders will not be considered for the said period.
9,b(ii).The CDR/DD uploaded for the work shall be forfeited.
10. Price escalation and taxes:- The unit rates and prices shall be quoted by the bidder entirely in Indian
Rupees and the rates quoted shall be deemed to include price escalation and all taxes up to completion
of the work unless otherwise, specified. Deduction on account of taxes shall be made from the bills of
the contractor on gross amount of the bill as per the rates prevailing at the time of recovery.
11. Bidders are advised to use “My documents” area in their user on I& FC e-tendering portal to
store such documents as are required.
12. INSTRUCTIONS TO BIDDERS(ITB) 12-1. All bidders shall include the following information and documents with their bids:-
(a) Copies of original documents defining constitution/legal status, place of registration and
principal place of Business.
(b) Valid Tin No & PAN No.
12-2 All documents relating to the bid shall be in the English Language.
13. If the bidder does not quote rate for any item of the rate list/quantity schedule, cost of such Item / items
shall be deemed to be part of the overall/total contract value. No rate shall be allowed for such
item/items in the allotment of contract.
13.1. Intending contractor should ensure before tendering that the requisite men & machinery is
readily available with them. No excuse on this account shall be accepted.
Page No.: 47
13.2. The tenders should be accompanied by call deposit receipt in the shape of CDR/FDR pledged to
the tender receiving authority shown against each in the enclosed, without which the tenders
shall be rejected.
13.3. The rates quoted shall be on turnkey job of grudging and its subsequent disposal .No extra
charges what so ever shall be paid an account of dewatering, construction of diversion bund and
ramps, roads required during excavation. The offered rates shall be inclusive of such charges.
However items involved at site and as permissible under SSR-2012 shall be paid accordingly.
13.4. Permission for plying of machinery excavator and tippers/trucks for carrying excavated
materials from site to dumping point in Srinagar city limits is not permissible. The contractor
shall have to plan full arrangement for this activity only within permissible hours. No extra
charges on this account shall be paid.
14 Time is the essence of the contract. The work shall have to be completed within stipulated time what
so ever the conditions. Extension in time of excavation will be allowed, however under special
circumstances beyond human control shall be examined and allowed under rules.
14.1 In case the successful tenderer fails to start/execution the work within specified time as
mentioned in the NIT after issuance of allotment. The work shall be got executed through some
resourceful agency at his risk and cost without issuing any notice or reminder. If the work is
suspended by the Department for any reason no compensation on this account shall be payable
to the contractor. However extension in the time of completion of the work may be granted by
the contract allotting authority at the request of the contractor provided there are genuine reasons
to warrant extension in time limit. In case the completion of the work gets delayed beyond the
scheduled period due to the reasons other than those which involved delay on the part of
Department like finalizing the design, availability of the Department stores etc, extension in
time limit may be granted by the contract allotting authority provided the contractor makes a
written request to the Executive Engineer, for extension of time limit & in case there is no fault
of the Contractor for delay, the extension may be granted by the Competent Authority for a
reasonable period.
14.2 If the work increases by 25% the Contractor will be allowed to, execute the work in case of the
extreme urgency on the terms & Conditions & rates as per original allotment/agreement which
should be subject to approval from the Chief Engineer, I & F.C Department Srinagar or the
contract committee , whichever is applicable. Further the Department will be free to reduce the
extent of the works as may be warranted by the site conditions & no claim on this account from
the contractor shall be entertained & no compensation for the same shall be payable to him. The
Department will not be responsible for any loss or damage that may be caused by the floods,
rains, storms or any other natural catastrophe to the work during its execution & up to its
completion, however the Force Majeure clause shall apply as per the NIT conditions.
14.3 The contractor shall have to make reasonable & timely payments to all labours engaged by him,
should the Executive/Assistant Executive Engineer will pay the labourers by debits/dues of the
contractor. The labor act will be applied on the contractor.
15 If any item/s of the work not included in the advertised rate list is found necessary to be executed,
these will be paid according to the sanctioned schedule of rates in force in Irrigation & Flood Control
Department at the time of fixing of the contract plus or minus the contractor’s allotted tender
appreciation/depreciation. Rate for items not include in the sanctioned schedule of rates will be
allowed on the basis of analysis & after approval of the competent authority. Any typographical error
or omission in the rate list shall be subjected to corrections as per sanctioned schedule of rates in vogue
in the Department.
16 If the duty of the contractor to sign the works register, measurement Books wherein measurements
as recorded regularly & in case of his failure to do so measurements as recorded by the Department
staff supervision the execution of the work Viz junior Engineer & the Assistant Executive Engineer,
will be final & the Executive Engineer’s decision in this behalf will be binding upon the Contractor
& no claim on this account will be entertained by the Department.
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16.1 The items/quantities advertised are based on parameters adopted as per the design requirements
unless & otherwise modified during execution no deviation from the proposed parameters shall
be made. However the changes if any shall be subject to directions of competent authority.
Note:-
16.2 Any item or item (s) of same nomenclature not covered in the list of the N.I.T shall be Payable
in accordance with the S.S of rates 2012 after necessary approval from the competent authority.
17 OMMISSION AND DISCREPENCIES
Should a tenderer find discrepancies in or omissions from the drawings or any of the tender
forms or should he be in doubt as to their meaning, he should at once notify the authority inviting
tenders who may send written instruction to all tenderers. It shall be understood that every endeavor
has been made to avoid any error which can materially affect the basis of the tender and the successful
tenderer shall take upon himself and provide for the risk of any error which may subsequently be
discovered and shall make no subsequent claim on account thereof.
18 UNDERSTANDING OF DOCUMENTS 18.1 When there is any conflict between the Special conditions of contract /Specifications given in
this tender and the specifications issued by the Bureau of Indian Standards/Indian Roads
Congress or any other body / Institution / Authority as the case may be, mentioned in various
chapters, the specifications given in this tender shall prevail over the specifications issued by
BIS, IRC or any other Body/Institution. However, where there is any ambiguity, the decision
will be taken by Engineer-in-charge in this regard in consultation with all parties and his decision
shall be final and binding.
18.2 Any note(s) appearing in the contract Schedules will take precedence over Special Conditions
and General Conditions of contract.
18.3 Any specifications/conditions stated by the tenderer/s in the covering letter submitted by him
along with the tender shall be deemed to be a part of the contract only to such an extent as has
been explicitly accepted by Department.
18.4 All measurements, methods of measurements meaning and intent of specifications and
interpretation of special Conditions of contract given and made by Department. Shall be final
and binding. The Agency will make his arrangement to Record NSL’s, before & after with ETS
and submit same, along with the bill of quantities, photographic record before & after to the
Concern.
19 Rates
The tendered item rate for all items of the work shall be considered inclusive of all leads and
lifts, skilled or unskilled labour & material required for working at all heights and depths, as per the
drawings, royalty fee, terminal taxes, Octroi, entry tax etc, besides other taxes payable by the contractor
such as Income Tax and Sales Tax on work contract and the sales tax applicable on the goods/material.
Nothing extra shall be paid unless otherwise given in the description of item and no extra claim shall be
entertained due to any reasons whatsoever on this account.
20 Nothing extra shall be paid unless otherwise specified on account of cutting of grass, bushes, leveling
of undulation in the ground, existence of drain and temporary structures etc. requiring removal and
difficulty due to space constraints.
20.1 Nothing extra shall be paid for working in foul conditions, dewatering or diversion unless otherwise
specified. The tendered rates shall not be subject to any revisions for want of any information.
21 Bar Chart
The contractor shall be required to submit a detailed programme for completion of work within the
stipulated period, in the form of a Bar Chart, covering all major activities, to the Engineering- charge within
10 days from the date of award of work Modifications suggested by the Engineer-in charge shall be
incorporated in the Bar Chart. It will be ensured by the contractor that the time schedule as laid down in the
Page No.: 49
aforesaid Bar Chart/mile stone is adhered to. Action for not receiving the mile stone shall be taken as per
the provisions given in the clauses of contract.
22 Site office
The contractor shall construct a temporary site office for supervisory staff of the Department and shall also
provide necessary furniture. No extra payment for this shall be made on this account.
22.1 On completion of the work the contractor shall remove hutments failing which the Department
will dismantle and clear the site at his risk and cost.
23 Sign Board
The contractor shall provide board indicating complete name of work, date of start, date of completion, cost,
name of Department, name of the Executive Engineer with office address and telephone number, name of
the executive agency, at his own cost at the site of work.
24 Leveling Instrument/survey equipments
The contractor must always make available and accurate leveling instrument, ETS at the site of work.
Necessary levels will be given by the contractor or his authorized site engineer and the same will be checked
by the site staff of the Department.
25 Removal of a person/s
Any person employed by the contractor on any work, who shall appear to the Engineer-in-Charge to be
incompetent or to act in any improper manner shall be dismissed by the Engineer-in-Charge and such person
shall not again be employed on the work without permission from the Engineer-in-Charge.
26 Bench mark
The contractor shall establish at his own cost, at suitable points, additional reference points/lines, bench
marks as may be necessary. The contractor shall remain responsible for the sufficiency and accuracy of all
bench marks and reference lines. The temporary bench marks shall be connected with permanent standard
bench marks.
27 AGREEMENT
The contractor will have to draw his agreement with the stipulated time of 15days as mentioned in the
NIT, failing which no payment shall be made to the contractor/firm etc.
28 CHANGE OF ADDRESS OF CONTRACTOR
Any change in the address of the contractor shall be forthwith intimated in writing to Department.
Department will not be responsible for any loss or inconvenience suffered by the contractor on account
of his failure to comply with this.
29 CANCELLATION OF DOCUMENTS
The cancellation of any document such as power of attorney, partnership Deed etc., shall forthwith be
communicated by the contractor to Department in writing failing which Department shall have no
responsibility or liability for any action on the strength of said documents.
30 DISSOLUTION OF CONTRACTOR’S FIRM
If the contractor’s firm is dissolved due to death or retirement of any partner or for any reasons
whatsoever before fully completing the whole work or any part of it undertaken by the Principal
agreement, the partners shall remain jointly, severally and personally liable to complete the whole
work to the satisfaction of Department and to pay compensation for loss sustained, if any, by
Department due to such dissolution. The amount of such compensation shall be decided by the
Engineer-charge and his decision in the matter shall be final and binding.
31 DEPLOYMENT OF PLANT AND MACHINERY
The deployment of all plant and machinery including moving machines shall be such as not to infringe
or cause damage to Government or private properties. Operation of such equipment involving
infringement to moving dimensions prescribed in the handbook of the Schedule of Dimensions of the
Department shall not be undertaken without the prior approval of the Engineer-in-charge. For any loss
or damage resulting from violation of this clause the contractor(s) shall be wholly responsible.
32 SAFE WORKING METHODS
The contractor shall at all time, adopt such safe methods of work as will ensure safety of structures
equipment and labour. If at any time the Department finds the safety arrangements inadequate or
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unsafe the contractor shall take immediate corrective action as directed by Department representative
at site. Any dereliction in the matter shall in no way absolve the contractor of his sole responsibility
to adopt safe working methods.
33 EMPLOYMENT OF QUALIFIED GRADUATE ENGINEERS / DIPLOMA
HOLDERS BY CONTRACTOR
The contractor shall employ sufficient number of technical staff who shall be qualified Graduate
Engineers and Diploma holders, Surveyors as required for setting out checking alignment, surveying
, and also for efficient supervision of work as per specifications at different work spots.
The contractor’s technical staff should be available at site to take instructions from the Engineer-
in-charge.
34 ROYALTIES AND PATENT RIGHTS
The contractor shall defray the cost of all royalties, fees and other payments in respect of patent rights
and licenses which may be payable to any patentee, licensee or other person or corporation and shall
obtain all necessary licenses. In case of any breach (whether willfully or inadvertently) by the
contractor of this provision the contractor shall, indemnify the Department and their officers, servants,
representatives against all claims, proceedings, damages, cost charges, acceptances loss and liability
which they or any of them sustain incur or be put by reason or in consequence directly or indirectly
of any such breach and against payment of any royalties, damages other monies which the Department
may have to make to any person or any machine, instruments, process, articles, matters, or thing
constructed, manufactured, supplied or delivered by the contractor to his order under this contract.
35 SCOPE AND PERFORMANCE
a. CONTRACT DOCUMENTS
The contractor shall be furnished, free of charge, with one copy of the contract documents and one
set of all relevant drawings, which may be issued during the progress of the works. He shall keep
these documents on the site in good order, and the same at all reasonable times are available for
inspection and use by the Engineer-in-charge, his representative or by other inspecting Officers.
36. WORKS TO BE CARRIED OUT
The works to be carried out under the contract shall except as otherwise provided in these conditions,
include all labour, materials, tools, plant, equipment, and transport which may be required in
preparation of and for full entire execution and completion of the works. The descriptions given in the
Schedule of Quantities shall, unless otherwise stated, be held to include waste on materials, carriage
and cartage, carrying in return of empties, hoisting, setting for fitting and fixing in position and all
other labour necessary for the full and entire execution and completion as aforesaid in accordance
with good practice and recognized principles.
37. SUFFICIENCY TO TENDER
The contractor shall be deemed to have satisfied himself before tendering as to the correctness and
sufficiency of his tender for the works and of the rate quoted, which shall cover all his obligations
under the contract and all matters and things necessary for the proper completion and maintenance of
the works including defect liability period.
38. SUSPENSION OF WORKS
The contractor shall, on receipt of the order in writing of the Engineer-in-charge, suspend the progress
of the work or any part thereof for such time and such manner as the Engineer-in-charge may consider
necessary for any of the following reasons:
i) On account of any default on part of the contractor; or
ii) For improper execution of the work or part thereof for reasons other than the default of the
contractor; or
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i) For safety of the works or part thereof, the contractor shall, during such suspension properly protect
and secure the works to the extent necessary and carry out the instructions given in that behalf by the
Engineer-in-charge.
48. CONTRACTOR’S SUPERVISIONS
The contractor shall either himself supervise the execution of the works or shall appoint a competent
agent approved by the Engineer-in-charge. If the contractor has himself not sufficient knowledge and
experience to be capable of receiving instructions or cannot give his full attention to the works, the
contractor shall at his own expense, employ as his accredited agent an Engineer approved by the
Engineer-in-charge. Orders given to the Contractor’s agent shall be considered to have the same force
if these had been given to the contractor himself. If the Contractor fails to appoint a suitable agent as
directed by the Engineer-in-charge, the Engineer-in-charge shall have full powers to suspend the
execution of the works until such date as a suitable agent is appointed and the Contractor shall be held
responsible for the delay so caused to the works.
The Engineer-in-charge or his representative shall have powers at any time to inspect and examine
any part of the works and the contractor shall give such facilities as may be required for such
inspection and examination.
49. DUTIES AND POWERS OF ENGINEER - IN - CHARGE’S REPRESENTATIVE
i. The duties of the representative of the Engineer-in-charge are to watch and supervise the works
and to test and examine any materials to be used or Workmanship employed in connection with
the works. He shall have no authority to order any work involving any extra payment by
Department or make any variation in the works.
ii. The Engineer-in-charge may from time to time in writing delegate to his representative any of
the powers and authorities vested in the Engineer-in-charge and shall furnish to the Contractor
a copy of all such written delegation of powers and authorities. Any written instruction or written
approval given by the representative of the Engineer-in-charge to the contractor within the terms
of such delegation shall bind the contractor and the department as though it has been given by
the Engineer-in-charge.
iii. Failure of the Representative of the Engineer-in-charge to disapprove any work Shall not
prejudice the power of the Engineer-in-charge thereafter to disapprove such work or materials
and to order the pulling down removal or breaking up thereof.
The contractor shall employ in and about the execution of the works only such persons as are skilled
and experienced in their several trades and the Engineer-in-charge shall be at liberty to object to and
require the contractor to remove from the works any person employed by the contractor in or about
the execution of the works who in the opinion of the Engineer-in-charge misconducts himself or is
incompetent or negligent in the proper performance of his duties and such person shall not again be
employed upon the works without permission of the Engineer-in-charge.
50. FACILITIES TO OTHER CONTRACTORS
The contractor shall in, accordance with the requirements of the Engineer-in-charge afford all
reasonable facilities to other contractors engaged Contemporaneously on separate contracts in
connection with the works and for Departmental labour and labour of any other properly authorized
authority or Statutory body which may be employed at the site on execution of any work not included
in the contract or of any contract which the Department may enter in connection with or ancillary to
the works.
51. Sub-letting of Contracts
The contractor shall not sublet the work or any part thereof for any benefit or any interest thereon any
claim arising of the contract in any case. However contractor may adopt piece work system in respect
of supply of materials or supply of equipment s of special nature but shall be fully responsible to the
Govt. for the omissions and commissions of piece work and of person either directly or indirectly
employed.
52. INSTRUCTIONS AND NOTICES
Page No.: 52
Subject as otherwise provided in this contract all notices to be given on behalf of the Department and
other actions to be taken on its behalf may be given or taken by the Engineer-in-charge or any officer
for the time being entrusted with the functions, duties and powers of the Engineer-in-charge.
i. All instructions, notices and communications etc. under the contract shall be given in writing and
if sent by registered post to the last known place of above or business of the Contractor shall be
deemed to have been served on the date when in the ordinary course of post these would have
been delivered to him.
ii. The contractor or his Agent shall be in attendance at the Site(s) during all working hours and shall
superintend the execution of the works with such additional assistance in each trade as the
Engineer-in-charge may consider necessary. Orders given to the contractor’s agent shall be
considered to have the same force as if they had been given to the contractor himself.
iii. Site inspection register will be maintained by the Engineer-in-charge or his day representative in
whom the contractor or his agent will be bound to sign day to day entries made by the Engineer-
in-charge or his representative. The contractor is required to take note of the instruction given to
him in site inspection register and should comply within a reasonable time. The contractor will
also arrange to receive all the letters etc. issued to him at the site of work.
53. FORECLOSURE OF CONTRACT IN FULL OR IN PART DUE TO ABANDONMENT OR
REDUCTION IN SCOPE OF WORKS
If at any time after acceptance of the tender the Department shall decide to abandon or reduce the
scope of the works for any reason whatsoever and hence not require the whole or any part of the works
to be carried out, the Engineer-in-charge shall give notice in writing to that effect to the contractor and
the contractor shall have no claim to any payment of compensation otherwise whatsoever on account
of any profit or advantage which he might have derived from the execution of the works in full but
which he did not derive in consequence of the foreclosure of the whole or part of the works.
The contractor shall be paid at contract rates full amount for works executed at Site and in addition,
a reasonable amount as certified by the Engineer-in-charge for the items hereunder mentioned
which could not be utilized on the work to the full extent because of the foreclosure:
a) Any expenditure incurred on preliminary site work e.g. temporary access roads, temporary labour huts,
staff quarters and site offices, storage accommodation and water storage tanks.
The Department shall have the option to take over contractor’s materials or any part thereof either
brought to site or of which the contractor is legally bound to accept delivery from suppliers (for
incorporation in or incidental to the work) provided, however Department shall be bound to take
over the materials or such portions thereof as the Contractor does not desire to retain. For materials
taken over by the Department, cost of such materials, shall take into account purchase prices, cost
of transportation and deterioration or damage which may have been caused to materials while in
the custody of the contractor.
For the contractor’s materials not retained by the Department, reasonable cost of transporting such
material from site to Contractor’s permanent stores or to his other works whichever is less shall
be paid by Department. If materials are not transported to either of the said places, no cost of
transportation shall be payable.
54. TERMINATION OF CONTRACT FOR DEATH
If the contractor is an individual or a proprietary concern and the individual or the proprietor dies and
if the contractor is a partnership concern and one of the partners dies then unless the Accepting
Authority is satisfied that the legal representatives of the individual contractor or the proprietor of the
proprietary concern and in the case of partnership, the surviving partners, are capable of carrying out
and completing the contract, the Accepting Authority shall be entitled to cancel the contract as to its
incomplete part without the Department being in any way liable to payment of any compensation to
the estate of the deceased contractor and/or to the surviving partners of the contractor’s firm on
account of the cancellation of the contract. The decision of the Accepting Authority that the legal
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representative of the deceased contractor or the surviving partners of the contractor firms cannot carry
out and complete the contract shall be final and binding on the parties.
55. CANCELLATION OF CONTRACT IN FULL OR IN PART
If the Contractor:
a) At any time makes default in proceeding with the works with due diligence and continues to do
so after a notice in writing of 7 days from the Engineer-in-charge; or
b) Commits default in complying with any of the terms and conditions of the contract and does not
remedy it or take effective steps to remedy it within 7 days after a notice in writing is given to
him in that behalf by the Engineer-in-charge; or
c) Fails to complete the works or items of works with individual dates of completion on or before
the date(s) of completion, and does not complete them within the period specified in a notice
given in writing in that behalf by the Engineer-in-charge; or
d) Assigns, transfers, sublets (Engagement of labour on a piece work basis or of labour with
materials not be incorporated in the work, shall not be deemed to subletting) or attempted to
assign, transfer or sublet the entire works or any portion thereof without the prior written
approval of the Accepting Authority. The Accepting Authority may, without prejudice to any
other right or to remedy, which shall have accrued or shall accrue thereafter to Department by a
written notice of 48 hrs. cancel the contract as whole or only such items of work in default from
the contract.
56. The Accepting Authority shall on such cancellation have powers to:
a) Take possession of the Site and any materials, machinery & plants, implements, stores, etc.
thereon and/or,
b) Carry out the incomplete work by any means at the risk and cost of the contractor.
55.2. On cancellation of the contract in full or in part the Accepting Authority shall determine what amount,
if any, is recoverable from the Contractor for completion of works or part of the works or in case the
works or part of the works is to be completed the loss of damage suffered by the Department. In
determining the amount credit shall be given to the Contractor for the value of the work executed by
him upto the time of cancellation the value of contractor’s material taken over and incorporated in the
work and use of tackle and machinery belonging to the contractor.
55.3. Any excess expenditure incurred or to be incurred by the Department in completing the works or part
of the works of the excess loss or damage suffered or may be suffered by the Department as aforesaid
after allowing such credit shall be recoverable from any moneys due to the Contractor on any account,
and if such moneys are not sufficient the contractor shall be called upon in writing to pay the same
within 30 days.
55.4 If the contractor shall fail to pay the required sum within the aforesaid period of 30 days, the Engineer-
in-charge shall have the right to sell any or all of the Contractor’s unused materials, machinery &
plants, implements, temporary buildings etc., and apply the proceeds of sale thereof towards the
satisfaction of any sums due from contractor under the contract and if thereafter there be any balance
outstanding from the contractor, it shall be recovered in accordance with the provision of the contract.
55.5 Any sums in excess of the amounts due to the Department and unsold materials, machinery & plants
etc. shall be returned to the contractor, provided always that if cost of anticipated cost of completion
by the Department of the works or part of the works is less than the amount which the contractor
would have been paid had he completed the works or part of the work such benefit shall not accrue to
the Contractor.
56. LAWS GOVERNING THE CONTRACT
This contract shall be governed by the Laws as applicable in the J&K state for the time being in force.
57. COURTS JURISDICTION
In case of any disputes/differences between contractor & Department the jurisdiction shall be within
the courts situated in Srinagar only.
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58. SUPPLEMENTARY AGREEMENT
After the work is completed and taken over by Department as per terms and conditions of the contract
agreement or otherwise concluded by the parties with mutual consent and full and final payment is
made by Department to the contractor for work done under the contract the parties shall execute the
supplementary agreement annexed in tender document.
59. CERTIFICATE OF FAMILIARISATION
62.1 FAMILIARITY WITH THE SITE OF WORKS
As the terms of this Tender would require, the tenderer/s is expected to quote his rates only after
he has acquainted himself thoroughly with the various aspects and features of the site of works
and conditions obtaining therein.
60. CERTIFICATES BY THE TENDERER
In accordance with this Clause, the tenderer shall sign the certificates as per tender conditions and
submit them along with his offer to Department.
I/We agree to abide by the terms and conditions mentioned above.
Signature of the Tenderer/s
Address ……………………
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S P E C I A L C O N D I T I O N S OF C O N T R A C T :
Table of Contents
Clause No Particular Page No
A. COMPLETION
20-21
1. Cost of Remedying Defects
2. Failure to Remedy Defects
3. Risk and cost in case of failure of the contractor
4. Guarantees and warranties
B. DETERMINATION OF CONTRACT
21-22
5. Settlement of disputes
6. Excepted matters
7. Photo Graphs and Video Recording of Construction Sites
8. Quantity Variation
9. Tender Drawings
10. General Description of Site Area and Climatic Conditions
22-23
11. Rain Fall
12. Land
13. Water Supply
14. Power Supply
15. Service Roads
16. Working Camps
C. PAYMENTS
26-27 17. Performance security
18. Retention money
19. Release of performance security
D. LABOUR
29 20. Sufficiency of labour
21. Returns of labour employed
22. Claims on account of violation of labour laws
E. Definitions 57-58
F. GENERAL OBLIGATIONS
58-60
23. Subcontracting
24. Contractor’s Supervision
25. Instructions and notices
26. Protection of environment
27. Safety Procedures
28. Insurance
29. Occupation and use of land
30. Royalties and patent rights
31. Facilities to other contractors
32. Agreement
33. Cancellation of documents
34. Use of materials procured with Departments assistance
35. Dissolution of contractor’s firm
36. Joint and Several Liability
37. Temporary site office for Department
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G. EXECUTION OF WORKS
61-66
38. Contractor’s understanding
39. Official Secrets Act 1923
40. Priority of documents
41. Implementation of Quality Management System
42. Rate progress
43. Force Majeure
44. Delay and extension of contract period
45. Rejection
46. Working Hours
47. Duties and powers of Engineer-in-charge’s representative
48. Employment of qualified Engineers
49. Storage of material and approval of samples
50. Tools, Plant & Transport
51. Deployment of plant and machinery
52. Storage of petroleum products
53. Safe working methods
54. Priority of specification
55. Service Roads
56. Enabling works
57. Site clearance
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SPECIAL CONDITIONS OF CONTRACT:
2. Definitions: -
1.1In the General Conditions of Contract and Special Conditions of the Contract, the following terms
shall have the meanings assigned here under except where the context otherwise requires:
I. “DEPARTMENT” shall mean the Governor of Jammu & Kashmir or the Administrative
Officers of the Kashmir Irrigation & Flood Control Department Srinagar or of the successor
Kashmir Irrigation & Flood Control Department Srinagar authorized to deal with any
matters, which these presents are concerned on his behalf.
II. “SUPERINTENDING ENGINEER” shall mean the Officer in charge for the general
superintendence and control of the whole of the Hydraulic Circle Budgam/Srinagar and shall
also mean and include their successors, of the successor Kashmir Irrigation & Flood Control
Department Srinagar.
III. “EXECUTIVE ENGINEER” shall mean the implementing agency in charge of the project
and shall mean and include their successors.
IV. “CHIEF ENGINEER” shall mean the officer in charge of the Engineering Department of
the Kashmir Irrigation & Flood Control Department Srinagar and shall mean and include
their successors of the successor Department.
V. "TENDER or BID" means the offer (Technical and/or Financial) made by individual, firm,
Company, corporation, Joint Venture or Consortium for the execution of the works.
VI. “TENDERER” shall mean the person/ the firm or company whether incorporated or not
who tenders for the work with a view to execute the works on contract with the Department
and shall include their personal representatives, successors and permitted assigns.
VII. “WORKS” shall mean the works contemplated in the drawings and schedules set forth in
the tender forms and required to be executed according to specifications.
VIII. “SPECIFICATIONS” shall mean the specifications for materials and works of the
Department of the Kashmir Irrigation & Flood Control Department Srinagar issued under
the authority of the Chief Engineer or as amplified, added to or super ceded by specifications
appended to the tender forms.
IX. "Drawings" means the Drawings annexed to the Contract or referred in it and shall include
any modifications of such Drawings and further Drawings as may be issued or approved by
the Engineer.
X. "Statement of advertised Quantities /“Schedule of Rates” means list of items of work, their
quantities and rates as accepted and forming part of contract agreement.
XI. “CLIENT” means the Kashmir Irrigation & Flood Control Department Srinagar/
represented through the Chief Engineer.
XII. “CONTRACT” shall mean and include the Agreement or Letter of intent, the accepted
Statement of advertised Quantities and Rates, the General Conditions of Contract, Special
Conditions of Contract, Appendix to Tender, Form of Bid, and Instructions to the Tenderers,
Drawings, Specifications and other Tender Documents.
XIII. “CONTRACTOR/Representative” Shall mean the person or firm, company, corporation,
joint venture whether incorporated or not who enters into the contract with the Department
and shall include legal representatives of such individual or persons comprising such firm or
company or successors of such firm or company as the case may be and permitted assigns
of such individual, or firm or company.
XIV. "ENGINEER OR ENGINEER IN CHARGE" means the Executive Engineer I& FC
Division Baramulla. or any other officer authorized by the Chief Engineer Kashmir
Irrigation & Flood Control Department Srinagar to act on his behalf and for the purpose of
operating the contract.
XV. "APPROVAL OR APPROVED" means approval in writing including subsequent written
confirmation of previous verbal approval.
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XVI. “SITE” shall mean the lands and or other place on, under, in or through which the works are
to be executed under the contract including any other lands or places which may be allotted
by the Department or used for the purpose of contract.
XVII. “TEMPORARY WORKS” shall mean all temporary works of every kind required for the
execution, completion and/or maintenance of the works.
XVIII. “PERIOD OF MAINTENANCE” shall mean the specified period of the maintenance from
the date of completion of the works as certified by the Engineer.
1.2 Headings & Marginal Headings:- The top headings and marginal headings/notes in the tender or
Contract documents are solely for the purpose of facilitating reference and shall not be deemed
to be part thereof and shall not be taken into consideration in the interpretation or consideration
thereof.
1.3 Singular and Plural: - The singular includes the plural, the masculine includes the feminine, and
vice versa where the context requires.
1.4 Commencement Date: - The date of commencement shall be the seven days after date of issue
of Letter of Intent or allotment whichever is earlier.
1.5 Time for Completion: - Means the time for completing the work or a section with any extension
calculated from commencement date.
1.6 Defect Liability/Maintenance Period: - Means the period for notifying defects in works or a
section.
GENERAL OBLIGATIONS
1. Sub-Contracting: - No sub-contracting will be permissible. Any violation shall mean
disqualification/rejection of the allotted contract. However contractor may adopt piece work system
in respect of supply of materials or supply of equipment s of special nature but shall be fully
responsible to the Govt. for the omissions and commissions of piece work and of person either directly
or indirectly employed.
2. Contractor’s Supervision
3. The contractor shall, when he is not personally present on the site of the work place, keep a responsible
agent, approved by the Engineer-in-charge, at the works during working hours who shall on receiving
reasonable notice, present himself to the Engineer and orders given by the Engineer or the Engineer’s
representative to the agent shall be deemed to have the same force as if they had been given to the
contractor. If the contractor fails to appoint a suitable agent as directed by the Engineer-in-charge, the
Engineer-in-charge shall have full powers to suspend the execution of the works until such time a
suitable agent is appointed and the contractor shall be held responsible for the delay so caused to the
works
4. Instructions and Notices
4.1 Subject as otherwise provided in this contract all notices to be given on behalf of Department
and other actions to be taken on its behalf may be given or taken by the Engineer-in-charge or
any officer for the time being entrusted with the functions, duties and powers of the Engineer-
in-charge.
4.2 All Notices, communications, references and complaints made by the Department or the
Engineer-in-charge, or the representative of Engineer-in-charge or the contractor inter-se
concerning the works shall be in writing and no notice for communication, references or
complaint not in writing shall be recognized.
4.3 The contractor or his representative shall be in attendance at the Site(s) during all working hours
and shall superintend the execution of the works with such additional assistance in each trade as
the Engineer-in-charge may consider necessary.
4.4 Orders given to the contractor’s representative shall be considered to have the same force as if
they had been given to the contractor himself.
Page No.: 59
4.5 Site inspection register will be maintained by the Engineer-in-charge or his representative in
which the contractor or his agent will be bound to sign day to day entries made by the Engineer-
in-charge or his representative. The contractor is required to take note of the instruction given to
him in site inspection register and should comply within a reasonable time. The contractor will
also arrange to receive all the letters etc. issued to him at the site of work.
4.6 Any change in the address of the contractor shall forthwith be intimated in writing to by the
Department. The Department will not be responsible for any loss or inconvenience suffered by
the contractor on account of his failure to comply with this.
6. Safety Procedures
6.1 The contractor shall
i. Comply with all applicable safety regulations,
ii. Take care for the safety of all persons entitled to be on the Site,
iii. Use reasonable efforts to keep the Site and Works clear of unnecessary obstruction so as to
avoid danger to these persons,
iv. Provide fencing, lighting, guarding and watching of the Works until completion and taking
over,
v. Provide any Temporary Works (including roadways, footways, guards and fences) which
may be necessary, because of the execution of the Works, for the use and protection of the
public and of owners and occupiers of adjacent land.
vi. The contractor shall supply all necessary safety appliances such as safety goggles, helmets,
safety belts, ear plugs, masks etc. to the workers, staff and for consultants, Department,
visiting Officers/guests etc.
7. Insurance
7.1 Before commencement of works, it shall be obligatory for the Contractor to obtain, at his own
cost, insurance cover in the joint name of the contractor and the Department from reputed
companies under the following requirements:
i. Contractors’ All Risk Policy (CAR) for the labours as per agreement.
ii. Liability for death of or injury to any person or loss of or damage to any property (other than
the work arising out the performance of the Contract.
iii. Construction Plant, Machinery and Equipment brought to site by the Contractor.
iv. Any other insurance cover as may be required by the law of the land.
7.2 The Contractor shall provide evidence to the Department before commencement of work at site
that the insurances required under the contract have been effected and shall within 60 days of
the commencement date; provide the insurance policies to the Department. The Contractor shall,
whenever, called upon, produce to the Engineer or his representative the evidence of payment
of premiums paid by him to ensure that the policies indeed continue to be in force.
7.3 The Contractor shall also obtain any additional insurance cover as per the requirements of the
Contract.
7.4 The Department shall not be liable for or in respect of any damages or compensation payable to
any workman or other person in the employment of the Contractor. The Contractor shall
indemnify and keep indemnified the Department against all such damages and compensation for
which the Contractor is liable.
7.5 The Policies of the Contractor shall remain in force throughout the period of execution of the
works and till the expiry of the defect liability period except for any specific insurance covers
necessary for shorter period.
7.6 If the Contractor fails to effect or keep in force or provide adequate cover as acceptable to the
Engineer in the insurance policies mentioned above, then in such cases, the Engineer may effect
and keep in force any such insurance or further insurance on behalf of the Contractor. The
recovery shall be made at the rate of 1.5 times the premium/premiums paid by the Engineer-in-
charge, in this regard from the payment due to the Contractor or from the Contractor’s
Page No.: 60
Performance Security. However, the Contractor shall not be absolved from his responsibility
and/or liability in this regard.
8. Occupation and Use of Land
8.1 The contractor shall not be permitted to enter on (other than for inspection purpose) or take
possession of the site until instructed to do so by the Engineer-in-charge in writing. The portion
of the site to be occupied by the contractor shall be defined and/or marked by him on the site
plan failing which these shall be indicated by the Engineer-in-charge at site and the contractor
shall on no account be allowed to extend his operations beyond these areas.
8.2 Such use or occupation shall not confer any right of tenancy of the land to the contractor.
9. Royalties and Patent Rights
9.1 The contractor shall defray the cost of all royalties, fees and other payments in respect of patent
rights and licenses which may be payable to any patentee, licensee or any other person or
corporation and shall obtain all necessary licenses unless otherwise stated in the special
conditions. In case of any breach (whether willfully or inadvertently) by the contractor of this
provision, the contractor shall, indemnify the by the Department and their officers, staff,
representatives against all claims, proceedings, damages, cost charges, acceptances loss and
liability which they or any of them sustain, incur or be put by reason or in consequence directly
or indirectly of any such breach and against payment of any royalties, damages and other monies
which by the Department may have to make to any person or any machine, instruments, process,
articles, matters, or thing constructed, manufactured, supplied or delivered by the contractor to
his order under this contract.
10. Facilities to Other Contractors
10.1 The contractor shall, in accordance with the requirements of the Engineer-in-charge afford all
reasonable facilities to other contractors engaged concurrently on separate contracts in
connection with the works and for Departmental labour or statutory body which may be
employed at the site for execution of any work not included in the contract or of any contract
which the Department may enter into in connection with or ancillary to the works.
11. Agreement
11.1 The Parties shall enter into a Contract Agreement within 15 days after the contractor receives
allotment, unless they agree otherwise.
11.2 Cancellation of Documents 12.1 The cancellation of any document such as power of attorney, partnership deed etc., hall forthwith
be communicated by the contractor to the Department in writing failing which the Department
shall have no responsibility or liability for any action on the strength of said documents.
12. Dissolution of Contractor’s Firm
14.1 If the contractor’s firm is dissolved due to death or retirement of any partner or for any reasons
whatsoever before fully completing the whole work or any part of it, the partners shall remain
jointly, severally and personally liable to complete the whole work to the satisfaction of the
Department and to pay compensation for loss sustained, if any, by Department due to such
dissolution. The amount of such compensation shall be decided by the Engineer-in-charge and
his decision in the matter shall be final and binding.
13. Joint and Several Liabilities
15.1 If the contractor constitutes a joint venture of two or more firms/companies/persons:
i. These firms/companies/persons: shall be deemed to be jointly and severally responsible to
the Department for the performance of the Contract:
ii. These persons shall notify to the Department of their leader who shall have authority to bind
the contractor and each of these firms/companies/persons and
iii. The contractor shall not alter its composition or legal status without the prior consent of the
Department.
Page No.: 61
14. Temporary site office for use by the Department
i. The contractor shall provide furnished site office (Temporary) as required by Engineer for
his site Office
EXECUTION OF WORKS
15. Contractor Understands
17.1 Before submitting a tender, the contractor shall be deemed to have satisfied himself by actual
inspection of the site, nature, the conformation of the ground, locality of the works, the character,
quality and quantity of the materials to be encountered, the character of equipment and facilities
needed preliminary to and during the progress of works, the general and local conditions, the
labour conditions prevailing therein and all other matters which can in any way affect the works
under the contract and that all conditions liable to be encountered during the executions of works
are taken into account and that the rates he quoted in the tender are adequate to cover all his
obligations under the contract and all matters and things necessary for the proper completion
and maintenance of the works including defect liability period
18. Official Secrets Act 1923
18.1 The laws of official secret Act/S of J&K State /Indian Official Secrets Act 1923 (XIX of 1923)
& all the relevant act of shall apply to the contractor and persons employed by him for this
contract.
19. Priority of Documents
19.1 The documents forming the Contract are to be taken as mutually explanatory of one another. For
the purposes of interpretation, the priority of the documents shall be in accordance with the
following sequence:-
i. The Contract Agreement.
ii. Letter of Intent.
iii. Schedule of Items, Quantities & Rates/ Statement of advertised Quantities
iv. Notice Inviting Tender (with Annexure)
v. General Information
vi. Instructions to Tenderers & Appendices
vii. Special Conditions of Contract
viii. Specifications
ix. General Conditions of Contract
x. Tender documents submitted by Tenderer/s.
19.2 If any ambiguity arises as to the meaning and intent of any portion of specifications and drawings
or any documents forming part of the Contract, or as to execution or quality of any work or
material, or as to the measurement of the work the Engineer-in-charge shall issue necessary
clarifications or instruction. Decision of Engineer –in-charge shall be final.
19.3 Any error in description, quantity or rate in Schedule of Quantities or any omission there from
shall not vitiate the contract or release the contractor from the execution of the whole or any part
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of the works comprised therein according to drawings and specifications or from any of his
obligations under the contract. Wherever Indian Standard codes are available the same shall be
adopted. In case of any discrepancy, the decision of Engineer in-charge shall be final.
20. Implementation of Quality Management System
20.1 The Contractor shall follow and implement Quality Management System as per IS /ISO-9001-
2000.
20.2 The Contractor shall execute the work following the guide lines as per standard codes and
regulations for “Health and Safety during construction” and safety policy of the Department
which shall include providing safety equipment, safety shoes, helmets to all workers, erecting
of safety barricades and displaying safety posters and instructions about awareness for safety.
20.3 The Contractor shall arrange timely calibration of all his measuring and testing equipment at his
own cost from reputed laboratory and supply of calibration certificates to the Engineer.
20.4 The Contractor shall arrange to provide test certificates issued by manufacturers for materials
supplied by him or arrange to test the materials at his own cost in a reputed laboratory and supply
test certificates to the Engineer-in-charge.
20.5 The Contractor shall implement full process control by issue of work instructions and check lists
and maintaining latest drawings, specifications and codes.
20.6 The Contractor shall institute a quality assurance system to demonstrate compliance with the
requirements of the Contract. Such system shall be in accordance with the details stated in the
Contract. Compliance with the quality assurance system shall not relieve the Contractor of his
duties, Obligations or responsibilities.
21. Rate of Progress
21.1 If for any reason which does not entitle the Contractor to an extension of time, the rate of
progress of the works is at any time, in the opinion of the Engineer-in-Charge/ Engineer, too
slow to ensure timely completion of the Works or achievement of any Stage by the relevant
target the Engineer-in-Charge may so notify the Contractor in writing. The Contractor shall
thereupon take such steps as are necessary.
21.2 The contractor shall take such steps as the Engineer-in-Charge may reasonably instruct in
writing, to expedite progress so as to complete the works or any section in time or achieve any
stage by the relevant completion date. The Contractor shall not be entitled to any additional
payment for taking such steps.
22. Force Majeure
22.1 If, at any time during the currency of the contract, the performance of any obligation (in whole
or in part) by the Engineer-in-Charge or the Contractor shall be prevented or delayed by reason
of any war, hostilities, invasion, acts of public or foreign enemies, rebellion, revolution,
insurrection, civil commotion, sabotage, large scale arson, floods, earthquake or any other act of
God, large scale epidemics, nuclear accidents, any other catastrophic unforeseeable
circumstances, quarantine restrictions, any statutory, rules, regulations, orders or requisitions
issued by a Government Department or competent authority(hereinafter referred to as "event”)
then, provided notice of the happening of such an event is given by either party to the other
within 21 days of the occurrence thereof.
i. Neither party by reason of such event be entitled to terminate the contract or have claim for
damages against the other in respect of such non-performance or delay in performance.
ii. The obligations under the contract shall be resumed as soon as practicable after the event has
come to an end or ceased to exist.
Page No.: 63
iii. If the performance in whole or part of any obligation under the contract is prevented or
delayed by reason of the event beyond a period of 90 days, the contract may be fore-closed
with mutual consent by giving a notice of 21 days without any repercussions on either side.
iv. In case of doubt or dispute, whether a particular occurrence should be considered an “event”
as defined under this clause, the decision of the Chief Engineer shall be final and binding.
v. Works that have already been measured shall be paid for by the Engineer even if the same is
subsequently destroyed or damaged as a result of the event. The cost of rebuilding or
replacing any work that has been measured shall be borne by the Department.
vi. If the contract is fore-closed under this clause, the Contractor shall be paid fully for the work
done under the contract, but not for any defective work or work done which has been
destroyed or damaged before its measurement. The Engineer shall have the option to take
over any plant and material lying at site, at rates provided for in the contract, failing that, as
per rates which are determined to be fair and reasonable by the Engineer.
vii. If no notice is issued by either party regarding the event within 21 days of occurrence, the
said event shall be deemed not to have occurred and the contract will continue to have effect
as such.
23. Delay and Extension of Contract Period
23.1 The time allowed for execution and completion of the works or part of the works as specified in
the contract shall be strictly followed and the time shall be essence of the contract on the part of
the Contractor.
23.2 As soon as it becomes apparent to the Contractor, that the work and / or portions thereof,
cannot be completed within the period(s) stipulated in the programme submitted by contractor
and accepted by the Department or the extended periods granted, he shall forthwith inform the
Engineer and advise him of the reasons for the delay, as also the extra time required to complete
the works and / or portions of work, together with justification therefore. In all such cases,
whether the delay is attributable to the Contractor or not, the Contractor shall be bound to apply
for extension well within the period of completion/extended period of completion of the whole
works and / or portions thereof.
23.3 Extension due to Modifications i. If any modifications are ordered by the Engineer or site conditions actually encountered are
such, that in the opinion of the Engineer the magnitude of the work has increased materially,
then such extension of the stipulated date of completion may be granted, as shall appear to
the Engineer to be reasonable, with the approval of Chief Engineer I & F.C Srinagar.
23.4 Delays not due to Engineer-in-Charge /Contractor.
i. If the completion of the whole works (or part thereof which as per the contract is required
to be completed earlier), is likely to be delayed on account of:-
a) Any force majeure event referred to in Clause 22.0 or
b) Delay on the part of other Contractors engaged directly by the Client, on whose
Progress the performance of the Contractor necessarily depends or
c) Any relevant order of court or
d) Any other event or occurrence which, according to the Engineer is not due to the
Contractor’s failure or fault, and is beyond his control;
ii. The Engineer may grant such extensions of the completion period as in his opinion is
reasonable.
23.5 Delays due to Engineer-in-Charge /Engineer.
i. In the event of any failure or delay by the Engineer-in-Charge /Engineer in fulfilling his
obligations under the contract, then such failure or delay, shall in no way affect or vitiate
the contract or alter the character thereof; or entitle the Contractor to damages or
compensation thereof but in any such case, the Engineer shall grant such extension or
extensions of time to complete the work, as in his Opinion is / are reasonable.
Page No.: 64
23.6 Delays due to Contractor and Liquidated Damages:-
i. If the delay in the completion of the whole works or a part of the works, beyond stipulated
completion period as per programme, is due to the Contractor’s failure or fault, and the
Engineer feels that the remaining works or the portion of works can be completed by the
Contractor in a reasonable and acceptable short time, then, the Engineer may allow the
Contractor extension or further extension of time, for completion, as he may decide.
23.7 Time.
i) It is an agreed term of the contract that notwithstanding grant of extension of time under any of
the sub-clauses mentioned herein, time shall continue to be treated as the essence of contract on
the part of the contractor.
24. Rejection
24.1 If, as a result of an examination, inspection, measurement or testing, any Plant, Materials or
workmanship is found to be defective or otherwise not in accordance with the Contract, the
Engineer may reject the Plant, Materials or Workmanship by giving notice to the contractor,
with reasons. The contractor shall then promptly make good the defect and take remedial action
to ensure that the item complies with the Contract.
25. Working Hours
25.1 No work shall be carried out on the site on locally recognized days of rest or outside the normal
working hours unless (I) otherwise stated in the contract (ii) the Engineer-in-charge gives
permission or (iii) the work is unavoidable or necessary for the protection of life or property or
for the safety of the workers in which case the contractor will immediately advise the Engineer.
25.2 If the Engineer-in-charge is satisfied that the work is not likely to be completed in time except
by resorting to night working, he may permit the contractor(s) to carry out the works at night
without conferring any right on the contractor for claiming extra payment for the same. The
contractor, at his own costs, shall make all arrangements in this connection.
26. Duties and Powers of Engineer - in - Charge’s or his Representative 26.1 The duties of the representative of the Engineer-in-charge/Engineer or his representative are to
watch and supervise the works and to test and examine any materials to be used or workmanship
in connection with the works. He shall have no authority to order any work involving any extra
payment by the Department or make any variation in the works, except to the extent permissible
under Public works accounts code of J&K and Book of Financial Powers.
26.2 The Engineer-in-charge may from time to time in writing delegate to his representative any of
the powers and authorities vested in the Engineer-in-charge and shall furnish to the contractor a
copy of all such written delegation of powers and authorities.
Any written instruction or written approval given by the representative of the Engineer-in-
charge to the contractor within the terms of such delegation shall bind the contractor and the
Department as if such instructions had been given by the Engineer-in-charge.
26.3 Failure of the Representative of the Engineer-in-charge to disapprove any defective work shall
not prejudice the power of the Engineer-in-charge thereafter to disapprove such defective work
or materials and to order the pulling down or removal thereof.
27. Employment of Qualified Engineers:
27.1. The contractor shall employ sufficient number of technical staff who shall be qualified
Graduate Engineers, Diploma holders and surveyors as required for setting out alignment, taking
the established bench marks, and also for efficient supervision of various works at different work
spots.
27.2.The Contractor’s technical staff should be available at site to take instructions from the Engineer-
in-charge. In case the contractor fails to employ sufficient number of qualified technical staff,
the Department reserves its right to take necessary action under provisions of the General
Conditions of Contract.
Page No.: 65
28. Storage of Material and Approval of Samples 28.1 The contractor shall make his own arrangements at the site of work for the safe storage and
custody of materials. The materials should be stocked and stored as per specifications.
28.2 The Department reserves the right to inspect the storage yard of the contractor where the
materials are stored and take samples wherever considered necessary, get them tested by any
agency and the same if found unsuitable or not as per specifications, it shall be rejected. The
contractor cannot claim in such event, the losses, damages, expenditure incurred by him. The
Department shall not entertain any claims on this account.
28.3 All materials to be used or the work done by the contractor shall be subject to the prior approval
of the Engineer-in-charge. Before using materials on the works the contractor shall submit
samples of materials and arrange for the supplies duly submitting test certificate. All supplies
shall be made as per approved samples.
29. Tools, Plants and Transport 29.1 The contractor will be entirely responsible to arrange all necessary machinery, tools and plants
and their spare parts required for efficient and methodical execution of the work and transport
them to the site of work. Delay in procurement of such items due to their non-availability on
account of import difficulties or any other cause whatsoever will not be entertained for slow or
non-performance of the work.
30. Deployment of Plant and Machinery
30.1 The deployment of all plant and machinery including moving machines shall be such as not to
infringe or cause damage to existing structures or any other Government or private properties.
For any loss or damage resulting from violation of this clause the contractor(s) shall be wholly
responsible.
31. Storage of Petroleum Products
31.1 No petroleum spirit within the meaning of the J&K/Indian Petroleum Act shall be stored at site
or adjacent to it, until the approval of the Department and necessary license under the Act has
been obtained by the contractor.
32. Safe Working Methods 32.1 The contractor shall at all time be responsible to take all precautions and adopt such safe methods
of working as will ensure safety of public, structures equipment and workers. If at any time the
Department finds the safety arrangements inadequate or unsafe the contractor shall take
immediate corrective action as directed by the Department’s representative.
33. Priority of Specification:
33.1 When there is any conflict between the specifications given in this contract and the IRS, BIS,
IRC specifications or specifications of any other body / Institution / Authority as the case may
be, the specifications given in this contract shall prevail over the other specifications. However,
in case of any ambiguity, the decision of the Engineer-in-charge in this regard shall be final and
binding.
34. Service Roads
34.1 The contractor/s shall make his/their arrangements for service roads, paths etc. for carrying
his/their tools and plants labour and materials etc. and will also allow the department and other
Govt. bodies use of such paths and service roads etc. for plying its own vehicles free of cost.
The contractor will be deemed to have included the cost of making any service roads, roads or
paths etc. that may be required by him/them for plying his/their vehicles for the carriage of
his/their men and materials, tools, plants and machinery for successful completion of the work.
Similarly any other feeder road connecting any of the existing roads will be made by the
contractor at his/their own cost including any compensation that may be required to be paid for
the temporary and or private land and without in any way involving the Department in any
dispute for damage and/or compensation.
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34.2 In case the Department has its own paths, service roads, the contractor/s will be allowed use of
such paths or service roads free of cost. He/they shall however in no way involve the Department
in any claims or dispute of whatsoever kind due to the inaccessibility of such paths or service
roads or due to their poor condition and or maintenance or their being to be blocked and/or
closed.
35. Enabling Works
35.1 The rates quoted shall be inclusive of all enabling works such as construction of stores, Go-
downs, workshops, maintenance places, offices, housing, labour camp, medical facilities, access
roads/service roads, transport arrangements, drinking water facility, lighting etc. whether
expressly specified or not. All temporary access facility created during execution of works
including ramps in earthwork, concrete or masonry steps, ladders, etc. shall be treated as
enabling works.
36. Site Clearance 36.2 Before the work is started, the contractor shall clear all the jungle, grass, shrubs, trees etc., to the
extent needed for the works and as directed by the Engineer-in-charge. The ground has to be
leveled and rolled to achieve desired level of compaction before starting the earthwork. The
reference levels have to be taken at initially rolled ground level. These levels will have to be
taken at site by the contractor and the Department representatives.
37. Sufficiency of Construction Plants and Equipments 37.1 It will entirely be the responsibility of the contractor to mobilize sufficient plant and machinery
in very good working condition and to the satisfaction of Engineer–in–charge from his own
possession and if not, procure all the machinery, tools and plant including spare parts, fuel,
consumable stores and labour that are required for the efficient and methodical execution of the
works.
37.2 If during the course of execution of works, it is found that the plant and equipment mobilized by
the contractor are inadequate for the timely completion of works, the contractor shall undertake
to augment the plant and equipment to the satisfaction of Engineer- in- charge.
37.3 The contractor should also make sure that he has ready access to expert manpower to operate
the plant and machinery efficiently and effectively and indicate accordingly in his offer.
37.4 The contractor shall not remove from the site of works any plant and machinery mobilized by
him without prior written permission of the Engineer- in- charge during the course of or on
completion of works.
38. Urgent Work 38.1 If any Urgent work in the event of accident or failure occurring in or about the work or
arising out of or in connection with the construction (in respect whereof the decision of the
Engineer-in-charge shall be final and binding) becomes necessary and the contractor is unable or
unwilling at once to carry it out, the Engineer-in-charge may through another agency or on his
own, carry it out as he may consider necessary. If the urgent work shall be such as the contractor
is liable under the contract to carry it out at his expenses, all expenses incurred on it by the
Department shall be recoverable from the contractor and be adjusted or set off against any sum
payable to him.
39. Watch & Ward
The agency shall be responsible for watch & ward of dredged out material till same is taking-over
by the Department after proper measurement.
Page No.: 67
VOLUME _II
(Statement of advertised Quantity & Rates to be Quoted by the Tenderer)
“PRICE BID”
S.
No
Item Quantity
(cum)
Rate
1 Dredging of river Jhelum in all kinds of soil like
clay , silt, sand gravel, boulders, peat etc. by way
of mechanical means using any type of
machine/combination of machines such as Cutter
Suction Dredger (CSD), Trailor suction hopper
dredger (TSHD), Backhoe, Grab, Plough dredger
or any type of machine which may be required &
suitable as per the requirements of site conditions
/strata of the river bed including disposal of
dredged out material within lead of Avg. 300mtrs
to 3000mtrs using suitable carriers keeping in view
environmental angle as per the directions of
Engineer in charge, incl. cost of construction of
dumping spots/ dykes.
To be quoted by the
contractor
a) O.F.C from RD 5.30 to 10.2 Km D/s Sopore Bridge 405728.00 b) O.F.C from D/s Khanpora bridge to Sheeri
Baramulla from RD 22.00 Km to 26.50 Km (Eco Park). 509438.00
Total 915166.00
2 Consideration cost towards the sale of dredged
material composing of sand (about 30%), earth silt
(about 50%) & boulders shingle etc. (about 50%)
to be finally disposed off by the agency at his own
cost from dumping site.
915166.00 To be quoted by the
contractor
(Minus/ Less Cost)
3 Net Cost involved (S. No. 1 - 2)
To be quoted by the
contractor (1-2)
Executive Engineer
Irrigation & FC Division
Baramulla
Page No.: 68
Rate list offer form`
FORM OF BID Appendex - XI
The Chief Engineer,
Kashmir Irrigation & Flood Control Department,
Silk Factory road RajBagh Srinagar- 190008.
Tele: 0194-2311834 Fax= 0194-2311085.
Dear Sir,
I/We,
………………………………………………………………………………………………………………
………………………………………………………………………………………………………………
………………………………………………………………………………………………..(Name and
address of the tenderer) have read the various terms and conditions of the tender documents attached here
with duly signed by me/us and agree to abide by the same.
I/We also agree to keep this tender open for acceptance for a period of 120 days from the date fixed for
opening the same and on default thereof our Earnest Money is liable to be forfeited.
I/We hereby declare that we have visited the site of the work and have made ourselves fully conversant of
the conditions therein and including the topography of area, soil strata at site of work, sources and
availability of construction materials, rates of construction materials, water, electricity, all local taxes,
royalties, Octroi etc., availability of local labour (both skilled and unskilled), relevant labour rates and
labour laws, the existing road and approaches to the site of work, requirements for further service roads /
approaches to be constructed by me / us, the availability and rates of private land etc. that may be required
by me / us for various purposes, climatic conditions, law and order situation and availability of working
days.
I/We also hereby agree to abide by the “ All /General Conditions of Contract of Public works Department
with correction slips and to carry out the work according to conditions and specifications laid down in the
present tender by Chief Engineer, Kashmir Irrigation & Flood Control Department, Srinagar.
I/We have quoted our rates for various items in the Statement of advertised Quantities/Rate list taking into
account all the above factors and We offer to do the work “Dredging of OFC (River Jhelum) from Sopore
to Sheeri Baramulla at various Spots” at the rates quoted in the attached Statement of advertised
Quantities and hereby bind ourselves to complete the work in all respects within time schedule depicted in
tender documents from the date of issue of letter of acceptance of tender.
I /We quoted our rates as per the items referred in the, statement of advertised quantities /Rate list and have
thoroughly examined the rate list and sanctioned schedule of rates 2012.
A sum of Rs.____________ (Rupees ___________________________________)(amount of Earnest
money deposit) is herewith forwarded as Earnest Money. I/We understand that the full value of the Earnest
Money shall stand forfeited without prejudice to any other rights and remedies available to Chief Engineer
Kashmir Irrigation & Flood Control Department Srinagar in case our e-tender is accepted and if:-
Page No.: 69
i) In case, I/We do not execute the Contract Agreement within time period specified in the tender documents
I/We do not commence the work as soon as is reasonably possible after the receipt of the Letter of
intent/allotment or elsewhere stated in the Contract documents.
I/We also understand that until a formal Contract Agreement is executed, Letter of intent along with all
tender documents shall constitute a binding contract between me/us and Department of the Kashmir
Irrigation & Flood Control Department Srinagar.
Thanking you,
Yours faithfully,
Signature___________________
In capacity of_______________ duly authorized to sign bids for and on behalf
Of :
______________________________________________________ (In Block capital letters)
Date this________day of __________ 2015
Signature of witnesses:1.
Signature of witnesses:2.
Page No.: 70
P.W.D 25 double RGPJ- (Sample of Form-25 double)
035/92
Jammu and Kashmir Government P.W.D Form of contract
Order No ( ) Name:
Dated ----------------------------------- S/o .
R/o
Regd No.
Class:-
Tin No.
Authority:-
Advertisement Amount: -
Allotted amount: - Rs.)
Time for completion: -
(Herein called the contractor)
You are hereby authorized and directed to execute the work mentioned below, in strict accordance
with the conditions noted on reserve.
Sanction estimate No………………………………………. dated…………………………….amount……………………………
Name of work:-
Approximate amount of work
For which you will be paid at the rates enumerated in schedule “A” provide you fulfill those
conditions. But the Govt. Public Works Minister, Chief Engineer, or Divisional Engineer, as the case may be reserves to
himself the right of withdrawing this order, in so far as it shall not have been complied with by you at any time after you
once cease or fall to comply with any one of those conditions, and he also reserves to himself the right of deduction from
any money that may be at the time or, shall subsequently become due to you such fines, as he may thick proper to inflict
for neglect of any of these conditions up to a limit of Rs,……………. In addition to any cost incurred accordance with
condition No. 11 on the reverse whether his order be rescinded or not and without further notice.
1) Earnest money paid Rs. __________/= deposited vide C.D.R No. _____________, dated:- _________________
2) Security deposit lodged at 2% on the estimated worth Rs………………………
3) At least 10% of each payment to be kept running account.
Page No.: 71
Schedule “A”
S
ub
-hea
d
No
. Description of each kind of work to be executed. Rates at
which the
contractor
will be paid,
provided he
fulfils the
conditions of
this order.
Rate of progress required and date of
completion to be entered in this
column.
Rate Per
1. The contractor agree to execute the above mentioned work on the following rates.
S.No particulars Qty Rate Allotted Amount
Head Draftsman Contract Witness Executive Engineer
Terms and Conditions:-
1. The date of start of the work shall be reckoned within ____________ from the date of issue of allotment
and the work shall have to be completed within __________. A penalty up to 10% cost of work shall be
imposed upon the contractor in case of delay.
2. The work shall have to be executed as per specification, with high standard work ship and instructions
of the I/C site Engineer will be binding upon the contractor.
3. All other terms and conditions shall remain same as laid down in the NIT.
Contract Witness Executive Engineer
Irrigation & FC Division,
Baramulla
Page No.: 72
Conditions referred to on the reverse.
Signature…………………………………………………………
Divisional officer…………………………………………….
1.All work to be executed in strict accordance with the specification of the
public works department as a special specification attached.
12. The Divisional officer is not bound to pay the herein contractor more than 3/4th
value estimated by him of the work done and the materials supplied by contractor
until this order has been complied with to his satisfaction but he will pay the
contractor the balance of what he considers to be due to the contractor soon after
the date on which the work is completed to his satisfaction as of the date on which
he orders the contractor to top work if it is not thus completed.
2. The contractor is to make the progress required and to complete the work
in the time noted in the last column of schedule “A” unless he shall receive
written orders from the Divisional officer to the contrary, and no excuse
will be taken for delay except when necessity of such delay shall have
admitted in writing by the Engineer.
13.No order, that the contractor may subsequently receive from any person, which
is at variance with his order will be considered valid the Divisional officer in any
except it be in writing and initiated by him and if the contractor attends to such
order it will be entirely at his is on risk.
3. The work to be executed to the satisfaction of the Divisional Officer whose
decision on all points connected with the quantity, quality and progress of
the work herein ordered to be done will be final.
14. No one will be recognized as the contractor`s agent for this work unless the
contractor possesses the Divisional Officer`s consent in writing to his appointment.
4. If from oversight or any cause whatever, the rates for any works
necessary to the proper completion of the work have not been agreed upon
at the time of granting the contract it shall be the duty of the contractor to
call upon the Divisional Officer to settle such rates with the sanction of the
Chief Engineer before he undertakes such works. If the contractor fails to
do so he shall be paid for such works at the ordinary market rates or at the
rates entered in the authorized schedule of rates kept in the Divisional
Officer or if the rates for such works cannot be ascertained other manner
at such rates as the Chief Engineer may consider fair and reasonable and
the contractor is bound to accept such rates.
15.The contractor (or his authorized agent) is to be constantly present on the work,
and always in attendance with his order on the Divisional officer when the inspects
the work.
5. The contractor is required at all times all cases, to obey and carry out the
instructions of the person incharge of the work so far as they are not
contrary to anything contained in this order.
16.The contractor is bound to give the Divisional Engineer and address to which all
communications may be sent and all orders or notices duly posted by the Divisional
Engineer to such address shall be considered as having been delivered to the
contractor.
6. The contractor shall not execute more work or supply more materials,
than is necessary to fulfill this order according to specification, and if he
does so, he will have no claim to be paid for the excess.
17. The fact of the contractor having acknowledged the receipt of a copy of this
order and of his having commenced the work shall be considered as proof that he
has accepted it on these terms.
7. in the event of bad work, being executed, or of bad materials is being
supplied to used by the contractor and matter by whom such materials may
have been supplied in the work, or of his not making proper progress of his
neglecting orders, the Divisional Officer may, with sanction of the Chief
Engineer employ other agency either to assist the contractor or to set his
orders carried out, or to remove and replace bad work and materials and
the value of materials used and cost of labour incurred, in so doing will be
recovered from any amount due or that may become due to the contractor.
18. The contractor should not subject the work in whole or part without the
permission (in writing) of the Chief Engineer.
8. The contractor is clearly to understand that the several rates enumerate
in schedule “A” are intended to cover all expenditure necessary to
satisfactory completion of the work except specially otherwise herein
ordered and that he shall have no claim to assistance or to have anything
supplied or lent to him by person incharge of the work except such is
specially provided for in this order.
19.No claim for payment for any alternation made by the contractor without
authority (in writing) of the Divisional officer will be entertained.
9. All materials taken out of the site of the work is, and shall be, the property
of the states, and the full value of any and all material, tools and plant
belonging to the state, which shall be injured, lost, destroyed or unlawfully
removed by the contractor or his employees, will be deducted from any
amount due, or that may become due to the contractor.
20. The Chief Engineer`s decision will be final in case of any dispute between the
contractor and Divisional Officer and be binding upon the contractor.
10. The contractor I bound to render assistance to his power to the Chief
Engineer and his subordinates in carrying out such orders and precautions
as may be considered necessary by them for the maintenance of order and
cleanliness among his work prople on his work people they will be held
responsible that they do not give trouble or commit nuisance.
21. No advances, whether in cash or materials, will be made to execute the work,
any materials required for the work will, if available and if the Divisional officer
has no objection to supplying them, be supplied on cash payment of a bill to the
contractor, may be substituted for cash payment.
11.Nothing in this order authorities the contractor to trespass upon or
injure, any property belonging to the state or to private individuals or to
transgress such laws or orders, of the state or of the local authorities, and
employees to such property or of his having transgressed such laws or
orders, the Divisional Officer may recover from any sum due, or that may
become due to the contractors full compensation for such injury, or fins
such inflicted or fine inflicted for such transgression by the local authorities
and may pay the amount to the party whose property has been this injured,
or to the local authorities on the contractors behalf.
22. Before commencing work the contractor must ascertain from Divisional
Engineer in writing what materials will be issued to the contractor for the work and
any materials supplied by the Department must be paid to by the contractor at stock
rate as may be fixed by the Divisional Engineer.
Page No.: 73
I have received a copy of this order signed by the Divisional Officer and I undertake to execute the work and supply the material described
therein in accordance with terms of this order.
Signature or marks of………………………………………..
Dated the …………………..of…………….19. Residing at Contractor
Witness to contractor`s ----------------- --------------------------------
Signature or mark approves Accepted.
Page No.: 74
DRAWING
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1. ALL CHAINAGES AND LEVELS ARE IN METERS
UNLESS OTHERWISE MENTIONED.
DRAWING NO.
TITLE
DATE-
DESIGNED: APPROVED:
IRRIGATION & FLOOD CONTROL DEPARTMENT , KASHMIR
SITE PLAN OF OUTFALL CHANNEL FROM NINGLI TO GANTMULLAH
TENTATIVE CROSS SECTION OF OUTFALL CHANNEL ( REACH D/S SOPOREBRIDGE)
RD - 8.250 KM
-80 -70 -60 -50 -40 -30 -20 -10 0 10 20 30 40 50 60 70 80
1566 1566
1568 1568
1570 1570
1572 1572
1574 1574
1576 1576
1578 1578
1580 1580
8+250
-90 -80 -70 -60 -50 -40 -30 -20 -10 0 10 20 30 40 50 60 70 80
1562 1562
1564 1564
1566 1566
1568 1568
1570 1570
1572 1572
1574 1574
1576 1576
1578 1578
1580 1580
1582 1582
1584 1584
1564.638
TENTATIVE CROSS SECTION OF OUTFALL CHANNEL ( REACH KHANPORABRIDGE BARAMULLAH D/S)
RD - 22.050 KM
TENTATIVE CROSS SECTION OF OUTFALL CHANNEL ( REACH KHANPORABRIDGE BARAMULLAH D/S)
RD - 22.050 KM