Office of the Executive Engineer Flood Spill

Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Kashmir Irrigation & Flood Control Department, Srinagar. T e n d e r for:- “Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland. (E-nit no:- 34 of 03/2018) "Urgent Priority Works –under advance action of Comprehensive Flood Management Plan works of River Jhelum & its tributaries Phase-II Top Sheet, Tender Notice, Form of Bid, General Information, Instructions to Tenderers & Appendices, General Conditions, Special Conditions, Specifications T e n d e r D o c u m e n t (Technical Bid-V o l u m e- I) March -2018 Head Office, Implementing Agency Chief Engineer, Executive Engineer, Kashmir Irrigation & Flood Control Department, Flood Spill Channel Div Narbal, Silk Factory Road Raj Bagh Srinagar 190008. District Budgam – 193401 Email: - [email protected] [email protected] Kmr irrigation @rediffmail.com [email protected] Tel (fax) 0194-2311085 Tel. (fax) No: - 01951-260223

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 0/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

TOP SHEET

E-NIT NO: - 34 of 03/2018 Dated: - 07 /03/2018.

E- T E N D E R F O R

“Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland. 1. Earnest Money : ` Rs 63.57 lacs in the form of CDR/FDR/irrevocable Bank Guarantee(BG). 2. Completion Period: Twelve calendar Months & shall be reckoned from the date of issue of letter of Intent or Allotment, whichever is earlier. 3. Bidding Document Fee:- ` 15000.00 4. 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 e-procurement Portal “http://www.jktenders.gov.in” and also on departmental web site “ ifckashmir.com” as per schedule of dates given below:-

01 Date of issue of Tender Notice 07/03/2018 02 Date of downloading of bidding documents 09/03/2018 from 11.00 AM 22 /03/2018 at 11.00am in the office of Chief 03 Date, Time & Venue of Pre-bid meeting Engineer, I&F.C. Kashmir at Silk factory road Rajbagh Srinagar-190008. Last date of submission of pre-bid quarries if 04 04/04/2018 any 05 Bid submission start date 10/03/2018 from 11.00AM 06 Bid Submission end date 11/04/2018 up to 04.00 PM Deadline for receiving the hard copy 07 (Original DD & EMD) to be submitted in the 18/04/2018 upto to 4.00 PM office of Chief Engineer I &FC Kmr. 08 Date & time of opening Bids (on line) 25/04/2018 at 3.00 PM

For and on behalf of The Governor of Jammu & Kashmir.

Executive Engineer, Flood Spill Channel Division, Narbal. I N D E X

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 1/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

S.No Description Page No 1. Notice inviting e-tender with Annexure –I 3-8

2. Scope of Work 9-18

3. General Information 19

4. Form of Bid 20-22

5. Instructions to tenderer/s 23-32

6. Appendices 33-45

7. General conditions of Contract 46-62

8. Special conditions of the contract 63-87

9 Performance Bank Guarantee 52-53

9. payments 79

9. Specifications 88-95

10 Drawings 96-109

15. Price Bid – Volume-II (sample) 110-112

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 2/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Notice inviting e-Tender

E- N.I.T No: - 34 of 03/2018 Date: - 07 /03/2018

For and on behalf of The Governor of J&K State e-tenders (Two cover System), are invited from reputed and resourceful A class contractors/Firms/companies/joint venture of repute on comprehensive and extensive basis, which should be uploaded on the e-Procurement web portal http://www.jktenders.gov.in, up to last bidding date:- 11-04-2018 up to 4.00 p.m for the subjected work referred below and as per the details mentioned in this e-tender notification and to whom all the terms and conditions of detailed NIT /Tender Documents/ PWD Form NO:- 25 are accepted. The detailed tender document, Specifications and drawings can be downloaded on the e-procurement Portal http://www.jktenders.gov.in and also on departmental web site “ifckashmir.com . The cost of the document (nontransferable /Nonrefundable) should be in the shape of crossed Indian postal order, Demand draft or Cash through G.R. in favour Executive Engineer Flood Spill Channel Division Narbal.

S Name of work Advertised Earnest Class of Cost of Period of Positi Tender . Cost of Money Docume completion on of receiving Contract N Work nt funds authority o 1Construction 1 of channel across

Hokersar Wetland along age old alignment Chief from RD 13182 Engineer, M to RD 16713 Rs 63.57 Demand Kashmir Lac. (In M of Flood 12 Irrigation Rs the shape Class A Spill Channel calendar & FC 3178.53 of CDR & Above `15000/= including its /FDR/ Months ed Deptt. lacs side slope Irrevocab Srinagar. protection & le BG. dredging of drainage/escap e channels flowing into the Hokersar wetland.

Note: Incase bid of the tenderer is found 15% below or more, than the advertised cost, the bidder shall have to deposit additional performance security equivalent to 3% of advertised cost in shape of FDR/CDR/irrevocable BG pledged to Chief Engineer Kashmir ,I & FC department Srinagar before issuance of allotment so as to protect the department against any financial loss in the event of default of the successful bidder/tenderer which the successful Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 3/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland. bidder should submit/deposit within 07 days from the date of formal intimation is issued in his favor from the department & failing which his earnest Money shall be forfeited & his tender shall not be considered & treated as invalid bid/tender & shall be rejected. The agency should have sufficient experience and establishment and infrastructure facilities available with expertise logistic support etc. in the field of earthwork in excavation /Dredging activity in Rivers / lakes/wetlands etc. and capable of deploying suitable machinery(ies) like earth moving machinery /Amphibian hydraulic machines or suitable dredgers , hydraulic excavators with long & short booms , tippers, dumpers, loaders etc. or any other equivalent machinery required for the work as specified in detailed scope of work along with skilled and highly experienced operational / supervisory work force, besides necessary manpower. The work is to be executed in the Hokersar Wetland, which is a declared RAMSAR site i.e. an internationally environmental sensitive Site. The Contractor will have to submit the List of below mentioned Machinery along with the ownership with the tender Cover-1after familiarization with the Site conditions. a. Suitable dredgers two numbers (02) with cutter power not less than 250 KW & age not over 6 years. b. Amphibious hydraulic Excavator : Two numbers (02) c. Hydraulic excavator with long boom: Two Numbers (02) d. Hydraulic excavator with short boom: Two Numbers (02) e. Loaders : Two numbers (02) f. Tippers/dumpers : Eight numbers (08)

The agencies will have to submit the brief work plan with Cover-I & each bidder will to satisfy the department by presenting a power point presentation before the State Contract Committee with regard to the planning of execution /methodology for completing the work within the stipulated time. 2. 0 ELIGIBILTY CRITERIA FOR ISSUING TENDER DOCUMENTS:-

CRITERIA FOR PARTICIPATION OF TENDERS:-

2.1 TECHNICAL I. The contractor should posses the experience having done similar works during last five years ending 31/03/2017 which should be any one of the following:- i) One similar work like earthwork /dredging works in wetlands, rivers, ports etc costing not less than 80% of advertised cost during the last five years. ii) Two similar works costing not less than 50% of advertised cost each during the last five years. iii) Three similar works costing not less than the 40% of advertised cost during the last five years. 2.2 FINANCIAL CRITERIA:- As a proof of sufficient financial capacity, the tenderer/s should have an average annual turnover of at least 30% of advertised cost , which shall be calculated for the three years ending on 31st March 2017. Note: a) Certified Annual reports including profit and loss account to be annexed. b) Valid GSTIN registration, latest GST returns & PAN No.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 4/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

2.3 Joint Ventures 2.3.1 Technical Criteria i) Any member or members of Joint Venture should have done at least: a. One work of similar nature costing not less than 80% of advertised cost during the last five years ending on 31.03.2017. b. Two similar works costing not less than 50% of advertised cost each during the last five years. c. Three similar completed works costing not less than 40% of advertised cost during the last five years. ii) Any member or members of the joint venture must have experience as required as per Para 2.1 , i,ii,iii. 2.3.2 Financial Criteria i) The arithmetic sum of average annual turnover of all members of the Joint Venture in last three year ending on 31.03.2017 should be more than 30% of the advertised Cost. ii) Average annual turnover shall be calculated for the three years ending on 31st March 2017. Note: a) Certified Annual reports including profit and loss account should be enclosed/uploaded. a) Joint Ventures are acceptable, with leading partner’s minimum share 55 % individual as 20 % and overall 100%. b) Valid GSTIN registration , latest GST returns & PAN No.

2.3.3 All the members of joint venture shall be jointly & severally responsible for all the acts done on behalf of joint venture & tender bid shall be jointly signed by the all members of the joint venture or their authorized representative so as to legally bind them jointly & severally. All tenders must be submitted with a copy of Joint Venture agreement duly registered by the First Class Judicial Magistrate. 2.3.4 All above criteria must be satisfied by the joint venture to qualify for opening of their Price bid Notes: i) Works are considered similar such as earthwork /dredging works in rivers, wetlands or ports. ii) The completed works shall includes the successfully completed work in last five years ending on 31.03.2017. iii) The contractor should submit performance certificate in reference to para.2.1 & 2.3.1 above from the client for having successfully done similar works in last five years. iv) Any tenderer can participate in the same tender in one entity only i.e. individual firm/company or a JV with other firms/companies. In case, any tenderer submit their offer in more than one entity for same tender, such offer shall be liable to be rejected.

3.0 ISSUE OF TENDER DOCUMENT:- 3.1 The tender documents can be downloaded on e-procurement Portal http://www.jktenders.gov.in & “ifckashmir.com” 3.2 The tender documents can be downloaded as per schedule shown in the e-nit. The e-tender so uploaded shall be accompanied with a Demand Draft/Pay order or cash through G.R drawn in favour Executive Engineer Flood Spill Channel Division Narbal Payable at Srinagar towards the cost of the tender documents (non transferable/Non refundable) as shown against each work above in the e-NIT , which shall not be refunded and shall be submitted upto the date

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 5/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

mentioned above. In case of the non-submission of hard /original copy of bank draft , postal address etc , the tenders submitted shall be rejected. 4.0 You are requested to visit the site of work to familiarize yourself with the Site conditions & attach the certificate to this effect with Cover-I.

5.0 SUBMISSION OF TENDER:- 5.1 The e-tender documents of conforming proposals shall be uploaded in two separate Covers viz. Cover-I containing Technical Bid (Volume – I) of tender and submission of tenderer/s and Cover-II containing Price Bid (Volume – II). Detailed credentials as per the requirement of eligibility criteria for participation in Tendering process and all tender papers including detailed statements as mentioned in the following chapters are to be submitted in “Technical Bid”. All conditions, both technical as well as financial/commercial shall be given in technical bid only. No condition should be quoted in the Price Bid containing Statement of advertised Quantities with rates duly filled in. 5.2 Technical as well as Price bid shall be uploaded separately under specified. 5.3 Bids must be accompanied with cost of tender document in shape of crossed Indian postal order, Demand draft or Cash through G.R in favour of Executive Engineer, Flood Spill Channel Division, Narbal ( Tender inviting authority) and earnest money / Bid Security in shape of CDR/FDR/irrevocable BG pledged to Chief Engineer , Kashmir , Irrigation & F.C. department Srinagar. 5.4 To participate in bidding process, bidders have to get “Digital Signature Certificate (DSC)” as per information Technology Act 2000. 5.5. Bidders can get digital certificate from any approved vendor. The bidders have to submit their bids online in electronic format with digital signature. No. financial bid will be accepted in physical form. 5.6 Bidders are advised to download bide submission manual from the “Downloads” option as well as from “Bidders Manual Kit” on Website http://www.jktenders.gov.in acquaint bid submission process. 5.7 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 5.8 Scanned copy of cost of tender document in shape of crossed Indian postal order, Demand draft or Cash through G.R in favour of the Executive Engineer Flood Spill Channel Division Narbal and Earnest money/bid security in shape of CDR/FDR/ irrevocable BG 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/ irrevocable BG (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 as per time schedule specified above in Top Sheet. 5.9 Contractor/Bidder who fails to submit the hard copies for their uploaded tenders will be rejected. Their online uploaded tenders will not be considered. 5.10 Bidders are advised to use “My documents” area in their user on I & FC e-tendering portal to store such documents as are required.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 6/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

6.0 Bids will be opened online as per time schedule mentioned in the office of Chief Engineer, Kashmir irrigation & Flood Control Department, Silk Factory road Raj Bagh, Srinagar- 190008 on the day as mentioned in the schedule referred on Top Sheet above or on any subsequent working day, (which shall be informed through E-mail , fax) in presence of such tenderers or the authorized representatives who wish to remain present at the time of opening of tenders Initially only the technical bids shall be opened and will be evaluated.

7.0 The Price Bids shall be opened online too only after assessing suitability of offers as per technical bids by Chief Engineer Kashmir Irrigation & Flood Control Srinagar. The opening of Price bids shall be intimated to the qualified tenderers.

8.0 Tender shall be uploaded as per “Instructions to Tenderers” forming part of the tender document. 9.0 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. 10.0 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. 11.0 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. 12.0 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. 13.0 e-Tender received without Earnest Money in the form and value specified in the tender document shall be summarily rejected.

14.0 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 the Chief Engineer Kashmir Irrigation & Flood Control Department Srinagar after assessment of suitability as per eligibility criteria shall be final and binding. 15.0 The validity of the offer shall be 90 days from the date of opening “Price Bid” .

16.0 In case of any disputes/differences, the jurisdiction shall be to the Courts situated in Srinagar only. Supplies if involved any, will be deducted at prevalent stock rates at the time of tender for such material. We look forward to your active participation. For and on behalf Of the Governor of Jammu & Kashmir.

Executive Engineer, Flood Spill Channel Division, Narbal

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 7/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

NO: - No: - FSCDN/CS/9005-37 Date: - 07/03/2018 Copy to the:- 1. Resident commissioner, J&K house, 5- Prithviraj Road, New Delhi-110003 for favour of information (Fax-011-24627047). Email ;- [email protected] 2. Divisional Commissioner Kashmir for information. [email protected], [email protected] 3. Secretary PHE, I&FC J&K State Civil secretariat Jammu for information. 4. Development commissioner J&K State New Secretariat Jammu for information. 5. Chief Engineer Irrigation and Flood Control Department, Srinagar for information. This is in reference to his authorization/instructions given during the meeting held on 05.03.2018 in his office Chambers. 6. Chief Engineer, design ,inspection & Quality Control J&K State for information & required necessary action. 7. Chief Engineer, R & B for information & required necessary action. 8. Chief Engineer, PHE Kashmir for information & required necessary action. 9. District Development commissioner Budgam for information. 8.0 Superintending Engineer, Hydraulic Circle, Budgam/Srinagar for information. 9.0 Director General, DGCI&S, 565, Anandapur, Plot No. 22, Sector-I, Kolkata – 700107 (FAX No.: 033-2443 4051, 033-2443 4053 ) E-mail: [email protected]. 10.0 Executive Engineer Irrigation Division, ______11.0 Wildlife warden Wetland Division Kashmir for information. 12.0 Director information Department, Srinagar for information. He is requested to get the e- NIT published in two leading National & local dailies before its due date for two days. 13.0 Private Secretary to Honb’le Chief Minister J&K State Civil secretariat Jammu for information of the Honb’le Chief Minister. 14.0 Private Secretary to Chief Secretary to J&K Government Civil secretariat Jammu for information of the Chief Secretary. 15.0 Private Secretary to Honb’le Minister of State for PHE, I&FC for information of the Honb’le Minister. 16.0 Private Secretary to Honb’le Minister of State for Forest, Ecology and Environment, Animal & Sheep Husbandry, Cooperative, Fisheries and PHE, I&FC for information of the Honb’le Minister. 17.0 Private Secretary to Principal Secretary Planning & Development Department Civil Secretariat Jammu for information of the Principal Secretary. 18.0 Private Secretary to Commissioner Secretary to Finance Department Civil Secretariat Jammu for information of the Commissioner Secretary. 19-23 Assistant Executive Engineer Flood Spill Channel, Sub-Division______24-30 Contractors Association, Sheikh Bagh/ Court road/Narbal/Sada BaharSonar Qalipora/ Sumbal /National Contract Association, Chadoora/ Pir panchal Contractors Association Zanigam Beerwah/ S.H.G of Engineers Association Narbal. 31-33. H.D/ H.A /A.A.O/ Divisional office for information. 34. 00 Notice Board

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 8/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

SCOPE OF WORK:- 1.1 The scope of work generally includes the following: i. Earthwork in excavation by mechanical means up to required depth ,width & gradient in all kinds of soils / silt / mud / under water under all conditions including Pumping out water or liquid mud & all other allowances such as hardness, wetness slush etc. including all leads & lifts by making arrangement with contractor's own plant and machinery like earth moving machinery /Amphibian hydraulic machines or suitable dredgers , hydraulic excavators with long & short booms , tippers, dumpers, loaders etc. or any other equivalent machinery required for the work including construction of temporary dykes , making ramps, diversion bunds, crossing of Channel / Nallahs/streams and any other obstructions. & removal of the same after execution and making good same. ii. Protection of side slopes of proposed channel by way of using Geo /Mega bags to be filled with available earth . iii. Transportation of excavated earth to be carried outside the periphery of Hokersar wetland by whatsoever means required at site & as per the directions of the Engineer-in-charge upto a maximum lead of 18 KM including loading ,unloading leveling & dressing . iv. Any other incidental/ancillary works as directed by Engineer-in-charge. • NOTE: The above items of work shall include but not limited to the following & for which contractor will include the provisions in the rates reasonably :- a. Excavation and disposal of all types of soils from excavation etc. b. Nallah diversions. c. All safety arrangements per relevant as per IS, IRC and IRS Codes of practice and as specified in the tender documents. d. Construction of all access haul roads as per site conditions and construction of all temporary diversions of haul roads, maintenance of all haul roads and dismantling same after completion. e. Constructions of all temporary cross drains as required and construction of all temporary diversions of streams/Nallah/Canals, construction of temporary dykes maintenance of all diversions/dyeks etc. as per site conditions and as directed by the Engineer. f. Provision of temporary site office including furnishing for use of by the Department. g. Submission of progress photographs (digital), vediographic record, required drone shoots through the professional person before, during & after construction including making of documentary film of 30 minutes & 60 minutes duration on completion of work and progress reports in both hard and soft copies. Taking Cross-Sections, L-sections by hydro survey/Auto Level / ETS before and after execution. Preparation of work abstract of executed work, preparation of Bills. The information and data stated and incorporated in tender document elsewhere is for the General guidance only and may vary as a result of more detailed construction drawings and as per site requirements. h. Providing of First Aid medical facilities to the Labourers , working staff at site of work in addition as mentioned at above site(s) i. Insurance of the staff /labours engaged at site.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 9/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Technical Report

1.1 Name of Work:- . Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland. 1.2 Global Positioning: - 34° 5'36.96"N 74°43'36.92"E START POINT OF WORK. 34° 6'44.90"N 74°40'53.63"E END POINT.

1.3 Altitude: - 1581.50 (Avg) above M.S.L

1.4 Brief History & necessity : With regard to floods, Kashmir is not an exception as the history of floods in Kashmir is dated back from times immemorial and has witnessed many devastating floods. Previously the low lying areas were available as detention basins to reduce flood hazards which are no more available now due to development and habitation having come up in these areas. Intentionally or unintentionally millions of cubic meters of earth have been filled in these low lying areas to raise buildings and other allied infrastructural facilities. Now the responsibility to provide means and ways to mitigate the floods has come on to Designers, Planners & Engineers to safeguard life and property against miseries and hardships brought by floods. In the past an arrangement was set in place by way of constructing of Flood spill channel for by passing excess flood water from river Jhelum at Padshahibagh to safeguard the Srinagar city & adjoining districts of Budgam, Baramulla and Bandipora.The spill channel was designed to take a discharge of 17000 cusecs but due to many reasons , is presently draining off a discharge of 6000 cusecs at off take point & about 20,000 cusecs in Tail at Naidkhai in Wullar. The Scope of present study on Flood Spill Channel is to provide ultimate Engineering solutions after implementation of works under DPR-Phase-II for ensuring a safe discharge of 25000 Cusses during floods to be diverted at the off take at Padshahibagh from river Jhelum and 39000 cusecs finally in tail reaches from Nowgam Jheel exit into Wullar owing to contribution of 14000 cusecs from its connected tributaries Like Doodhganga , Sukhnag Nallah including Shaliganga Nallah , Gogaldara Nallah & Two major branches of Ferozpora Nallah i.e. Magam branch & Tangmarg/Hanjivera Branches. The poor drainage due to fragmented & irregular course of flow in the spill channel has led to raising of bed level alarmingly more than 0.60m to 2.0 meters from Rambagh to D/S Bemina Bridge & Hokersar Entry i.e. RD-11.95 Km

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 10/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland. in the channel thereby reducing its carrying capacity. Enormous siltation has resulted in intercepting the regular course of flow. The spill channel in its present condition is not catering to the utility for which it had come up. The Flood Spill Channel is the only outlet available at present to mitigate the flood discharge by passing Srinagar city and other districts as well. So its restoration to designed capacity or to enhance its carrying capacity in not only unavoidable but essentially important in outlaying any Comprehensive Flood management programme for Kashmir valley to mitigate the flood threat of River Jhelum and have efficient management of floods of the magnitude of September, 2014, which was about 1,13,216 cusecs. Hokersar wetland is declared Conservation Reserve under “the Jammu & Kashmir Wildlife ( protection) Act, 1978”. It was declared RAMSAR site number 1570 on 8th November 2005. Hokera (Hokersar) wetland is one of the nine wetlands reserves in Jammu & Kashmir & is situated at 16th KM north of Srinagar. The proposed site is located in Budgam & Srinagar districts of Jammu & Kashmir State. It lies in flood Basin of Jhelum River & Sub basin of DoodhGanga & Sukhnag Nallah. Of the total water received by the wetland, 91% is contributed from surface inlets & just 9 % through precipitation. The wetland is roughly oval in outline & spreading over 13.26 SqKm .The valley has witnessed a series of floods during past history & the latest one was in September 2014. Flood Spill Channel is the sources of replenishment infusing new life to the Hokersar wetland have presently lost its regime conditions & the hydraulic parameters as the bed level have risen to the alarming position due to the environmental degradation problems in the upper catchments of Doodhganga & Sukhnag Sub basins of Jhelum Basin. The original detention capacity of the wetland was previously as 29120 Acre feet which have got reduced to 22669 acre feet at present. The required attractive force gets reduced in Hokersar in present conditions i.e below 1.00m/sec. Hokersar is a wetland where thousands of migratory birds come to Hokersar and Nowgam Jheel from Siberia and other regions in the winter season. Migratory birds from Siberia and Central Asia use wetlands in Kashmir as their transitory camps between September and October and again around spring. These wetlands play a vital role in sustaining a large population of wintering, staging and breeding birds. According to wild life experts Birds found in Hokersar and Nowgam Jheel are Migratory ducks and geese which include Brahminy Duck, Tufted Duck, Gadwall, Garganey,

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 11/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Greylag Goose, Mallard, Common Merganser, Northern Pintail, Common Pochard, Ferruginous Pochard, Red-Crested Pochard, Ruddy Shelduck, Northern Shoveler, Common Teal and Eurasian Wigeon. Flood spill channel a source of replenishment infusing fresh life to these wetlands every time is not presently in a position to feed the wetlands on account of raised bed levels. The continuous course of flow and obstructions to the free flow of Flood spill channel by these wetlands owing to raised levels has become detrimental from flood mitigation point of view and the treat to Srinagar city is eminent besides the wetlands may be deprived of the water in near future. The proposals for Construction of Channel across Hokersar Wetland stands approved by the: a) State Board for Wildlife J & K (SBWL) in its 6th meeting held on 25.07.2013 b) National Board for Wildlife (NBWL) in its 31st Meeting of the standing committee held on 12-13 August 2014 at IndraParyavaranBhawan New Dehli. c) Green Bench of the Supreme Court of India on 5th October 2015 d) Govt, order vide no: 230- FST of 2016 dt: 01.09.2016 An amount of Rs 5.535 crores ( Rs 5.24 crores NPV charges on account of land diversion + Rs 0.295 crores as development charges) stands paid in favour of the chief Wild Life Warden J & K Civil Secretariat in January to March,2017.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 12/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 13/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 14/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 15/112 `Signature of Tenderer

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 16/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

In this regard as a solution to the problem a channel has been proposed all along the Hokersar Jheel below the existing bed level. So that the drainage of Flood spill channel is continued unobstructed free drainage into Wullar. Geo bags/ Mega bags (being eco friendly) in channel slopes have been proposed on both sides to protect marshy banks from collapsing & sustain its regime conditions for longer periods & to make the channel maintainable. The Geo textile bags will be resistant to chemicals & biological organism normally founded in soil & will be stabilized against degradation due to shorter exposure to U.V. Radiations confirming to National & international codes i.e EN-13253-2000, EN-13254-2000, EN-13255-2000, ISO-10319, ISO- 12236, ISO- 12956 etc. Points of caution for execution of the Work:- The Channel across Hokersar wetland, which flow in the middle of the Wetland and is an old age channel is to be excavated along with its feeding channels by deployment of the suitable machineries, which can work in the swampy conditions. The Wetland has water flowing from its left side through various blocked feeding channels throughout the year and has marshy characteristics. The Left side portion of the wetland is combination of ponds , wetlands , Marshy land where it becomes some times difficult to even stand. The width of Wetland from the Start of the work varies from 3.75 Km to 2.50 Km , which gradually reduces to about 250m at the exit point at Sozeith village. As it is not permitted to keep or dispose off excavated soil inside wetland , thus same has to be taken outside the Hokersar Wetland immediately after excavation, which is to be kept in mind while execution of the Work. The excavated soil can be dumped temporarily in the vicinity of the Channel in temporary dykes to be constructed by the Contractor and same is to be disposed of as directed by the Engineer-in-charge within a radius of about 18.00 km. So mind application by the agency has be there all the time in disposing of the excavated earth got from the main proposed Channel & from the feeding channels on the Left. The disposal plan may be possible though its left side or the right side after same is rolled by any means. The

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 17/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland. agency will have to bear in mind that the prime execution season, in which maximum progress can be picked up will be around 15th September onwards upto December maximum , wherein movement of the machinery can be optimum, which coincides with the bird migration period also. The period of execution can extend up to February , but depend upon the weather. From Feb-March every year the rainy season starts and water levels increase in thee water bodies in the valley. Though the excavation is possible through amphibian machines ,Hydraulic excavators on pontoons etc. but to dump and dispose of the excavated earth will be a challenging job, which the bidder has to workout. As such the Selection of combination of the machineries will matter and bidder has to make himself conversant with the site conditions and will have to take support of the locals around, though department in consultation with the Wildlife Department will always facilitate for early execution of the work. The permission has already been granted in the instant case as mentioned above as such there will b no problem in execution of the Channel. The bidder will have to make plan for execution keeping in view the above facts and submit same for scrutiny of the department.

1.5 Time of Completion: - Twelve Calendar Months

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 18/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

G E N E R A L I N F O R M A T I O N e- Tender Notice No NIT No: 34 of 3/2018 Dated:- 07/03/2018 Name Construction of channel Across Hokersar Wetland along age old alignment from RD of the 11950M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland. work A Approximate cost Rs 3178.53 lacs B Completion period 12 calender Months. C Earnest Money ` Rs 63.57 lacs. D Date and time of downloading of e- 09/03/2018 from 11.00AM tender document. E Bid submission start date 10/03/2018from 11.00AM F Bid Submission end date 11/04/2018 up to 04.00 PM G Deadline for receiving the hard copy (Original DD & EMD) in the office of 18/04/2018 upto to 4.00 PM the Chief Engineer , I&FC Kmr. H Date and time of opening of tenders ( The tenders will be opened in the office of Technical bids only) Chief Engineer, Kashmir irrigation & Flood Control Department, Silk Factory road Raj Bagh, Srinagar-190008 on 25/04/2018 at 3.00 PM or on any subsequent working day, (which shall be informed through E-mail, fax) in presence of such tenderers or the authorized representatives who wish to remain present at the time of opening of tenders Initially only the technical bids shall be opened and will be evaluated. I Validity of offer 90 days from, the date of opening of Price bid. J Retention money/Security deposit Security deposit shall be recovered @10% through running account bills K Defective liability period (DLP) 06 months from date of issue of completion certificate L Performance Bank Guarantee To be submitted within 28 days from the date of issue of Letter of intent/allotment whichever is earlier by Chief Engineer Kashmir irrigation & Flood Control Department an unconditional Bank Guarantee for an amount 3% of the Contract value.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 19/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

F O R M

B I D

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 20/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

FORM OF BID

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 90 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 “Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage /escape channels flowing into the Hokersar wetland.” 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:-

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 21/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland. 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 ______2018 Signature of witnesses:

1. 2.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 22/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

I N S T R U C T I O N S TO

T E N D E R E R/S

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 23/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Instructions to Tenderer/s

1.0 Scope of Work: As indicated above at page 9 & as contained in the detailed e-document ANNEXURE – I of e-NIT. 1.1 The scope given is only indicative. The detailed scope has been described in the tender documents.

1.2 Approximate estimated cost of the work is as indicated in the e-NIT at Page 3 above.

1.3 Tenderers may carefully note that they are liable to be disqualified at any time during tendering process in case any of the information furnished by them is not found to be true. In addition, the EMD of such tenderer shall be forfeited. The decision of Chief Engineer/Engineer-in-charge in this respect shall be final and binding. 2.0 Cost of Bidding 2.1 The Tenderer shall bear all costs associated with the preparation and submission of the tender document and the Department will in no case be responsible or liable for these costs regardless of the conduct or the Outcome of the bidding process. 3.0 Content of Bidding Documents 3.1 The bidding documents include the following: VOLUME - I • Notice Inviting Tender (with Annexure) • Form of Bid • General Information • Instructions to tenderers and Appendices • Special Conditions of Contract • Specifications • General Conditions of Contract VOLUME - II • Statement of advertised Quantities/Rate list and Rate. 3.2 The Tenderer is expected to examine all instructions, terms, conditions, forms, specifications and other information in the bidding documents. Failure to furnish all information required by the bidding documents or submission of a bid not substantially responsive to the bidding documents in every respect will be at the Tenderers’ risk and shall result in rejection of his bid. 3.3 Except where specifically stated otherwise in the tender documents, the work is to be carried out in accordance with General Conditions of Contract read with PWD form – 25 Double wherein Department shall mean the “Chief Engineer Kashmir Irrigation & Flood Control Department Srinagar” details can be obtained from the office of Executive Engineer Flood Spill Channel Division Narbal District Budgam – 193401 Tel. (fax) NO:- 01952-260223 Email:[email protected] , [email protected] 4.0 Understanding and Amendment of Tender Documents 4.1 The Tenderer must obtain for itself on its own responsibility and its own cost all the information including risks, contingencies & other circumstances in execution of the work.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 24/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

He shall also carefully read and understand all its obligations & liabilities given in tender documents. 4.2 At any time prior to the deadline for submission of tenders, The Chief Engineer/Executive Engineer may for any reason whether at its own initiative or in response to any request by any prospective Tenderer amend the bidding documents by issuing Corrigendum, which shall be part of the Tender documents. The amendment shall be uploaded on the e- procurement Portal “http://www.jktenders.gov.in” and also on departmental web site “ ifckashmir.com” . 4.3 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. 4.4 The term “Correction slip” if and where referred to in this tender document includes the following terms also. a) Addendum slip. b) Correction slip. c) Addendum slip and Corrigendum slip which are issued in consecutive serials. 5.0 Site Data 5.1 The Chief Engineer/Executive Engineer will, wherever applicable, make available, as far as possible, to the Contractor all the data on hydrological and sub-surface conditions at the Site, and studies on environmental impact, which have been obtained from investigations for the such Works. The accuracy or reliability of the data/studies/reports and of any other information supplied at any time by the Chief Engineer or Engineer-in-charge shall be ascertained by the contractor. The Contractor shall be responsible for interpreting all data and shall conduct any further investigations considered necessary by him, at his own cost. The Contractor shall be deemed to have inspected and examined the Site, its surroundings, the above data and other available information, and to have satisfied himself before submitting the Tender, as to: i) The form and nature of the Site, including the sub-surface conditions; ii) The hydrological and climatic conditions; iii) The extent and nature of the work, Plant, and Materials necessary for the execution and completion of the Works and the remedying of any defects; iv) The means of communication with and access to the Site and the accommodation he may require. 5.2 The Contractor shall be deemed to have obtained all necessary information as to risks, contingencies and all other circumstances, which may influence or affect the Tender. 6.0 Care in Submission 6.1 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. 6.2 The tenderer should visit the sites and assess by himself the availability of resources such approach roads, disposal sites, water, electricity, fuel, land for disposal and skilled/ unskilled manpower as these shall have important bearing on the cost. 6.3 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 Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 25/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

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. The Contractor shall not be relieved from any risk or obligation imposed on or undertaken by him under the Contract on any such ground or on the ground that he did not or could not foresee any matter which may affect or have affected the execution of the Works, or compliance with his other obligations under the Contract. 6.4 The Department of Irrigation & Flood Control Department 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. 7.0 Right of the Chief Engineer to deal with Tenders 7.1 The Chief Engineer reserves the right to accept a tender in whole or in part or reject any tender or all tenders without assigning reasons for any such action. 8.0 Earnest Money 8.1 The tenderer must furnish the Earnest Money as indicated in “General Information” for the work as specified failing which the tender shall be summarily rejected. The Earnest 8.2 Forfeiture of Earnest Money i) The Earnest Money of the tenderer shall be forfeited if he withdraws his tender during the period of tender validity specified in “General Information” or extended validity period as agreed to in writing by the tenderer. ii) In case it is found that, the Tenderer/s has furnished misleading/wrong or fraudulent information /documents, the Earnest Money of the tenderer/s will be forfeited. iii) The Earnest Money of the successful tenderer is liable to be forfeited if he fails to; a) Sign the Contract Agreement in accordance with the terms of the tender, or b) Furnish Performance Guarantee in accordance with the terms of the tender, or c) Commence the work within the time period stipulated in the tender. 8.3 Return of Earnest Money. i) The Earnest Money deposited in shape as referred above pledged to the Chief Engineer Kashmir Irrigation & Flood Control Department, from any recognized/Scheduled Bank. The Earnest money by the tenderer shall be refunded (except three highest tenderer). The earnest money of the successful tenderer will be refunded after successful and satisfactory completion of the contract. However in case of 2nd & 3rd lowest tenderers DD shall be released under rules as applicable in this state. 9.0 Identity of tenderer. 9.1 Tenderer/s should specifically and fully disclose in their respective tenders, their respective constitutions and upload /submit along with hard copy of the 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.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 26/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

10.0 Joint venture 10.1 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 definite manner of working and the proposed administrative and financial arrangement for the management and execution of assignment. Joint Ventures are acceptable , with leading partner’s minimum share 55 % & individual as 20% and overall 100%. 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 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. iv) 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. vii) The joint venture agreement shall be submitted on Standard Performa, which is a part of this tender document. (Appendix - VIII) 10.2 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. 11.0 ELIGIBILITY CRITERIA. 11.1 Eligibility will be based upon the criteria mentioned in e-NIT 11.2 Disqualification i) Tenderers may note that even if they meet the eligibility criteria they are liable to be disqualified if the Tenderer or any of the members of joint venture have: • Given misleading or false information in the forms, statement and attachments submitted. 11.3 Any bidder if was blacklisted any time in past will be disqualify.  Financial failure due to bankruptcy etc. 12.0 Language of Bid 12.1 The bid prepared by the Tenderer and all documents related to the bid shall be written in English only. 13.0 Signing of all Bid papers and Completing Statement of advertised Quantities 13.1 The tender documents, drawings and statement of advertised Quantities uploaded by tenderer shall be digitally signed by the tenderer or his representative holding the Power of Attorney (Enclose Original Power of Attorney). i) 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. ii) 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

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 27/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

documents should also have a specific authority to refer disputes with the partnership firm to arbitration. iii) In case of a Company, copy of the Board Resolution authorizing the signatory to sign on behalf of the Company. iv) 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 and shall be executed/attested through the court. Tenders must be submitted with a copy of Joint Venture agreement as per Appendix –VIII, in case work is tendered for by Joint Venture ,duly registered in court etc. 13.2 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. 13.3 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. 13.4 Any documents containing erasures, 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. 14.0 Quantities 14.1 The quantities shown in the schedule are given as a guide and subject to variation according to needs. The Department shall accept no responsibility for the accuracy or otherwise of quantities and the Department shall not guarantee work under each item of the schedules. 15.0 Deviations, Omissions & Discrepancies 15.1 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. 15.2 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 16.0 Site Visit 16.1 A Site Visit of interesting Tenderers will be organized by themselves and in case of requirement of any assistance they may contact Executive Engineer , Flood Spill Channel Division Narbal OR Assistant Executive Engineer Flood Spill Channel Sub- Division

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 28/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Narbal District Budgam- 193401 Phone No.(Fax) 01951-260223 (o) Mobile No. 9419016507 or 9419465601 respectively .

17.0 Period of validity of the tender 17.1 The tender shall remain valid for the period indicated in “General Information” after the date of the opening of the “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. 12.2 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. 18.0 Deadline for submission of tender 18.1 The tender may bb uploaded on departmental web site not later than the date and time mentioned in the “e-NIT”. 19.0 Withdrawal of tender 19.1 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. 19.2 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. 20.0 Opening of the tender 20.1 Tenders will be opened at the address mentioned in “Notice Inviting e-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. 20.2 deleted. 20.3 Tenderer’s name, presence or absence of requisite Earnest Money, total cost of work quoted or any other details can be viewed on the e-procurement Portal “http://www.jktenders.gov.in” 21.0 Clarification of the tenders 21.1 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. 22.0 Preliminary examination of tenders 22.1 The Department will examine the tenders in first stage to determine whether they are complete, whether any computational errors have been made, whether the documents have been properly signed and whether the tenders are generally in order. 22.2 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.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 29/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

22.3 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; i) That affects in any substantial way the scope, quality or performance of the contract. ii) That limits in any substantial way, inconsistent with the bidding documents, the Chief Engineer Kashmir Irrigation & Flood Control Department Srinagar rights or the successful Tenderers obligations under the contracts; or iii) Whose rectification would unfairly affect the competitive position of other Tenderers who are presenting substantially response Bids. 23. Evaluation and comparison of tenders 23.1 The tenders, which are determined as substantially responsive, shall be evaluated based on criteria as given in e-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. 24.0 Negotiations 24.1 The Chief Engineer Kashmir Irrigation & Flood Control Department Srinagar /Engineer 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.” 24.2 The tenderer must note that during negotiations of rates of items of statement of advertised quantity & rate can only be reduced and not increased by the tenderer. In case the tenderer 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. 25.0 Canvassing 25.1 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. 26.0 Right to accept any tender or reject all tenders 26.1 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. 26.2 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 project

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 30/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

26.3 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.

27.0 Award of Contract 27.1 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. 27.2 Letter of intent shall constitute a legal and binding contract between the department and the contractor till such time the contract agreement is signed. 28.0 Execution of Contract Document 28.1 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 effected 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. 28.2 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 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. 29.0 Form of Contract Documents 29.1 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. 29.2 These instructions to the tenders shall be deemed to form a part of the tender documents. 30.0 Completion Period: 30.1 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. 31.0 Documents to be submitted by Tenderers 31.1 The documents required under the tender conditions for submission though e-tendering method along with the tender are listed below. The tenderer/s is advised to examine the various conditions and submit their offer with following details. VOLUME -I i) Earnest Money Deposit in the Shape of CDR/FDR/IRREVOCABLE BG only ii) Cost of the document in the shape of crossed Indian postal order, Demand draft or Cash through G.R. in favour Executive Engineer Flood Spill Channel Division Narbal. iii) Tenderers Information Appendix – I iv) Statement of Similar Works as per eligibility Criteria, Executed/Completed /substantially completed during the last 05 years ending 31.03.2017 Appendix-II Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 31/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland. v) Statement of works abandoned/left Incomplete Appendix – III vi) Annual Turnover Record Appendix – IV along with copy of certified Annual Reports vii) Litigation History Appendix – V viii) Undertaking by Tenderer Appendix – VI ix) Affidavit by Tenderer/ JV partners Appendix –VII x) Joint Venture Agreement Appendix – VIII xi) Certificate of Familiarization Appendix IX xii) Form of agreement PWD form -25 double. Appendix X xiii) Original power of attorney signing the tender documents. Attested copies of certificates issued by clients indicating percentage progress for work in progress of similar works & substantially completed and their credit is claimed for eligibility criteria. xiv) Attested copies of certificates issued by clients for completed works including their allotment copies. xv) Tender document duly signed & stamped in all pages (Volume I)

VOLUME -II xvi) Advertised Bill of Quantities, rates duly filled in all respects (Volume II)

• NOTE: - ALL THE DOCUMENTS SHALL BE SUBMITTED IN TWO COVERS IN ACCORDANCE WITH NOTICE INVITING e-TENDER.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 32/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

A P P E N D I C E S

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 33/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

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

3. Address on which Correspondence should be done with Tel. Nos., Fax No. & E-mail address

4. Place of incorporation / registration

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. ______

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 34/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Appendix -II

Statement of Similar works as in Eligibility Criteria Executed/completed /substantially completed during the last 5 years ending 31/03/2017

Name of Allotment Name & Contract Date of Date of Actual date of Completion Type of Remarks work /award address of value in Rs. award of completion completion cost work explaining No & date client who Original work original/revised reasons for awarded /revised delay in work (Including completion if Tele /Fax any No. 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 05 years ending 31.03.2017. 2) Certificate from client for the above information should be attached with the offer.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 35/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Appendix - III

Annual Turnover Record

Tenderer should provide information as per this proforma 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 3 years ending 31.03.2017 Use a separate sheet for each partner of a joint venture.

Annual Turnover Record Financial Year Turnover (In Rs.)

1. 2014-2015 2. 2015-2016 3. 2016-2017

Please attach Annual Report, audited balance sheet & profit & loss account ( certified by a chartered accountant) for the last three years ending 31.03.2017 to support the above information for the firm/company and for each member in case of JV should be submitted by the Tenderer /s.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 36/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Appendix – IV(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 three years ending 31.03.2017 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 Cause of litigation Disputed Actual Client and matter in amount Award dispute in Rs. amount in Rs.

B) COURT CASES

Year Name of Name and Cause of litigation Name If judgment work address of Client and matter in of court given whether dispute for or against the Tenderer

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 37/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Appendix – IV (Page 2/2)

C ) If applicant was ever blacklisted in part . If yes, give details 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 declared bankrupt during the last 3 years …..Yes/No (b) If yes, give details, including present status 3. Has the Applicant or any of its constituent partner been debarred/blacklisted by client or by any Department any time in history. …..Yes/No 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. 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

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 38/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Appendix - V 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

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 39/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Appendix - VI 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 three 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 Flood Spill Channel Division Narbal & Chief Engineer, Kmr .I&FC 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 Kmr .I&FC Department, Srinagar and hereby agrees to furnish any such information at the request of the Kmr .I&FC Department, Srinagar ______Signed by an Authorized Officer of the Firm ______

Title of Officer ______Name of Firm ______Date

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 40/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

To be given on Non-judicial stamp paper duly signed by authorized before Ist Class magistrate. Appendix – VII(Page1/2) JOINT VENTURE AGREEMENT This Joint Venture Agreement executed at …………………………….. On …………. day of …………. , 2018 between M/s. ………………………………… Registered office at ………………………. as the first party and M/s…………………………………….. Registered office at ………………………………… represented through their constituted attorney Sh…………… S/o Sh………………………… 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, Flood Spill Channel Division Narbal, 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 …………………..

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 41/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Appendix – VII (Page 2/2) 4. The share of Profit & Loss of each constituent of the said Joint Venture shall be as under:

(JV partners have to indicate here)

5. 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.

6. 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.

7. That all the Bank Guarantees shall be furnished jointly by all the parties in the name of Joint Venture. 8. 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 Flood Spill Channel Division Narbal to receive payments and also to make all correspondence on behalf of this Consortium/Joint Venture.

9. That all the above noted parties i.e. ………………….…………. not to make any changes in the agreement without prior written consent of the Executive Engineer Flood Spill Channel Division Narbal.

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 Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 42/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Appendix - VIII

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 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, 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-2012 Quantities and Rates” /Statement of advertised Quantities taking into account all the factors given above and else where in tender document.

(Signature of Tenderer/s)

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 43/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

PWD FORM NO.25 Appendix – IX

1.All work to be executed in strict accordance with the specification of the 12. The Divisional officer is not bound to pay the herein contractor public works department as a special specification attached. 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 13.No order, that the contractor may subsequently receive from any work in the time noted in the last column of schedule “A” unless he shall person, which is at variance with his order will be considered valid the receive written orders from the Divisional officer to the contrary, and no Divisional officer in any except it be in writing and initiated by him and excuse will be taken for delay except when necessity of such delay shall if the contractor attends to such order it will be entirely at his is on risk. have admitted in writing by the Engineer. 3. The work to be executed to the satisfaction of the Divisional Officer 14. No one will be recognized as the contractor`s agent for this work whose decision on all points connected with the quantity, quality and unless the contractor possesses the Divisional Officer`s consent in progress of the work herein ordered to be done will be final. writing to his appointment. 4. If from oversight or any cause whatever, the rates for any works 15.The contractor (or his authorized agent) is to be constantly present necessary to the proper completion of the work have not been agreed upon on the work, and always in attendance with his order on the Divisional at the time of granting the contract it shall be the duty of the contractor to officer when the inspects the work. 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. 5. The contractor is required at all times all cases, to obey and carry out 16.The contractor is bound to give the Divisional Engineer and address the instructions of the person incharge of the work so far as they are not to which all communications may be sent and all orders or notices duly contrary to anything contained in this order. 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, 17. The fact of the contractor having acknowledged the receipt of a copy than is necessary to fulfill this order according to specification, and if he of this order and of his having commenced the work shall be considered does so, he will have no claim to be paid for the excess. 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 18. The contractor should not subject the work in whole or part without supplied to used by the contractor and matter by whom such materials the permission (in writing) of the Chief Engineer. 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. 8. The contractor is clearly to understand that the several rates enumerate 19.No claim for payment for any alternation made by the contractor in schedule “A” are intended to cover all expenditure necessary to without authority (in writing) of the Divisional officer will be satisfactory completion of the work except specially otherwise herein entertained. 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. 9. All materials taken out of the site of the work is, and shall be, the 20. The Chief Engineer`s decision will be final in case of any dispute property of the states, and the full value of any and all material, tools and between the contractor and Divisional Officer and be binding upon the plant belonging to the state, which shall be injured, lost, destroyed or contractor. unlawfully removed by the contractor or his employees, will be deducted from any amount due, or that may become due to the contractor. 10. The contractor I bound to render assistance to his power to the Chief 21. No advances, whether in cash or materials, will be made to execute Engineer and his subordinates in carrying out such orders and the work, any materials required for the work will, if available and if precautions as may be considered necessary by them for the maintenance the Divisional officer has no objection to supplying them, be supplied on of order and cleanliness among his work prople on his work people they cash payment of a bill to the contractor, may be substituted for cash will be held responsible that they do not give trouble or commit nuisance. payment. 11.Nothing in this order authorities the contractor to trespass upon or 22. Before commencing work the contractor must ascertain from injure, any property belonging to the state or to private individuals or to Divisional Engineer in writing what materials will be issued to the transgress such laws or orders, of the state or of the local authorities, and contractor for the work and any materials supplied by the Department employees to such property or of his having transgressed such laws or must be paid to by the contractor at stock rate as may be fixed by the orders, the Divisional Officer may recover from any sum due, or that may Divisional Engineer. 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.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 44/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

PERFORMANCE BANK GUARANTEE (UNCONDITIONAL) Appendix- X( PG)

Chief Engineer Kashmir Irrigation & Flood Control Department, Silk Factory Road Rajbagh Srinagar -190008.

Name & Address of Project: - “ Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland”.

[Acting through Executive Engineer Flood Spill Channel Division Narbal District Budgam (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 90 days from the date of completion of the work). SIGNATURE AND SEAL OF THE GUARANTOR Name of Bank:

Address:

Date:

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 45/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

G E N E R A L

C O N D I T I O N S

C O N T R A C T

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 46/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

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 e-procurement Portal “http://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 crossed Indian postal order, Demand draft or Cash through G.R in favour of the Executive Engineer Flood Spill Channel Division Narbal and Earnest money/bid security in shape of CDR/FDR/IRREVOCABLE BG 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/IRREVOCABLE BG (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. 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 within or outside the State especially GST, income tax, entry tax, octroi , labour cess i.e. all taxes as applicable in the State of J&K and it should be saved with the same name as it contains besides charges as mentioned in this tender document.. 9. (i).Contractor/Bidder who fails to submit the hard copies for their uploaded tenders will be rejected. Their online uploaded tenders will not be considered . 10.i 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. 10. ii Bidders are advised to use “My documents” area in their user on I & FC e-tendering portal to store such documents as are required.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 47/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

11. Instructions to Bidders(ITB) 12-i. 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. Valid GSTIN registration, latest GST returns & PAN No. 12.ii All documents relating to the bid shall be in the English Language. 13.0 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 The agency should have sufficient experience and establishment ,specialization and infrastructure facilities available with expertise logistic support etc. in the field of earthwork in excavation/Dredging activity in Rivers / lakes/wetlands etc. and capable of deploying suitable machinery(ies) like earth moving /Amphibian hydraulic machines or suitable dredgers , hydraulic excavators with long & short booms , tippers, dumpers, loaders etc. or any other equivalent machinery required for the specified detailed scope of work along with skilled and highly experienced operational / supervisory work force, besides necessary manpower. . The agency will have to submit the List of Machinery along with the ownership as mentioned above at page 4 with the tender Cover-I. 13.2The tenders should be accompanied by call deposit receipt in the shape of CDR/FDR /IRREVOCABLE BG pledged to the tender receiving authority shown against each in the enclosed, without which the tenders shall be rejected. 13.3 No extra charges what so ever shall be paid an account of dewatering, construction of diversion bund and ramps, roads required during excavation, photographs , videography , charges of documentary of 30 minutes & 60 minutes including the required drone shoots . The offered rates shall be inclusive of such charges. However extra 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 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. The Department shall however facilitate the contractor. 13.5 Time is the essence of the contract. The work shall have to be completed within stipulated time what so ever the conditions. No extension in time of execution will be allowed , however under special circumstances beyond human control shall be examined and allowed under rules by the Chief Engineer , kmr. I & FC Department upon submission of revised work/catchup plan , bar Chart along with recommendations & justification from the Executive Engineer & Superintending Engineer .Contractor will have to submit a request application in this regard. 13.6 In case the successful tenderer fails to start/execution the work within specified time as mentioned in the e-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 allowed under rules by the Chief Engineer , kmr. I & FC Department upon submission of revised work/catchup plan , bar Chart along with recommendations & justification from the Executive Engineer & Superintending Engineer . 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 Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 48/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland. 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. 13.7 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, how ever the Force Majeure clause shall apply as per the NIT conditions. 13.8 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 Executive Engineer / Assistant Executive Engineer Shall be fully empowered to pay on certifying the due payments on account any activity like Labour , Photography , Vediographic , drone Shoots , Survey work , preparation of quantity schedules , if same is not paid in time by the agency or he fails to pay after issuing a notice giving him maximum 15days time. No further notices shall be served to agency in this regard and decision of the Engineer-in- charge will be final in this regard. 13.9 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. 14.0 It is 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 Supervisory departmental Staff 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. 14.1 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. 14.2 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.R of rates 2012. Overall percentage or as quoted by the contractor in price bid for such items, while as the other items shall be paid as per the analysis on the basis of prevailing rates and shall be subject to approval of Chief Engineer Kashmir I&FC Department Srinagar or the competent authority. 14.3 Valuation of extra items done in accordance with the approval of Chief Engineer not covered under the specifications of this schedule or not include in the schedule but forming the inseparable part of this contract, the reasonable rates shall be fixed by the Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 49/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Superintending Engineer or Chief Engineer on the basis of analysis from lowest market rates for labour and supply of materials labour required for completion of work plus 1% water Charges and 15% contractor’s profit & overheads. The correct account of costs supported with details shall be maintained by the contractor. The rates approved by the Chief Engineer shall be final and binding upon the contractor/firm. 15 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. 16.0 UNDERSTANDING OF DOCUMENTS 16.1 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. 16.2 Any note(s) appearing in the contract Schedules will take precedence over Special Conditions and General Conditions of contract. 16.3 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. 16.4 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 own arrangements to Record Nsl’s, before & after with ETS and may submit same , along with the bill of quantities , photographic/vediographic /required drone shoots record before , during & after incl. making documntry of 30 minutes & 60 minutes to the Concern for record and reference 17. Estimate 17.1 The estimate is based on SSR-2012. The work shall be carried out as per PWD specifications (1996-2002)/latest editions of the specifications, with up to date (the date of receipt of tender) correction slips, 18. Rates 18.1 The tendered rate for all items of the work shall be considered inclusive of all leads and lifts, construction of dykes , X-bunds, Haul roads ,dewatering , Disposal of earth outside the periphery of Hokersar wetland within 18KM as per the directions of Engineer-in-Charge , photographic/vediographic /required drone shoots record before , during & after incl. making documntry of 30 minutes & 60 minutes , Specialised Manpower skilled or unskilled labour & machinery required for working at all heights and depths, as per the drawings, royalty fee, terminal taxes, Octroi, entry tax , GST, income tax, labour cess , etc. 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. Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 50/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

19.0 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. 19.1 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. 20. 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 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.

21. 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. 21.1. 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. 22 Sign Board The contractor shall provide board indicating complete name of work, date of start, date of completion, cost, name of Department with office address and telephone number, name of the executive agency, at his own cost at the site of work. 23 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. 24. 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. 25. 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. 26.0 EARNEST MONEY DEPOSIT 26.1 MODE OF EARNEST MONEY In respect of this work, the tender must be accompanied with CDR/FDR/IRREVOCABLE BG for a sum as prescribed in tender notice, failing which the tender will not be considered and will be summarily rejected.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 51/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

26.2 CONVERSION / RETURN OF EARNEST MONEY It shall be understood that the tender documents have been downloaded by the tenderer and the tenderer is permitted to tender in consideration of stipulation on his part, that after submitting his tender, he will not retreat from his offer or modify the terms and conditions thereof in a manner not acceptable to Department. Should the tenderer fail to observe or comply with the said stipulation, the earnest money shall be liable to be forfeited. The earnest money of the other unsuccessful tenderers shall be returned to them 27.0 VALIDITY OF OFFER The tenderer shall keep his offer valid for acceptance for a minimum period of 90 days from the date of opening of Price bid . Should Department so require, the tenderer shall revalidate his offer without change of prices and terms for another period of 60 days on expiry of initial validity period of 90 days.

28.0 SECURITY DEPOSIT/RETENTION MONEY The Security Deposit applicable shall be 10% of the contract sum. Thus, the total security Deposit excluding the amount of Earnest Money deposited with the tender shall be 10% of the contract sum, which shall be deducted from each running bill.

29.0 SECURITY DEPOSIT/RETENTION MONEY The Earnest Money deposited by the Contractor with his tender will be retained by Department. as part of security for the due and faithful fulfillment of the contract by the contractor. The balance to make up the security deposit, the rates for which are given below, may be recovered by percentage deduction from the Contractor's "on account" bills. Provided also that in case of defaulting contractor the Department may retain any amount due for payment to the Contractor on the pending "on account bills" so that the amounts so retained may not exceed 10% of the total value of the contract. 30.0 Unless otherwise specified in the special conditions, if any, the Security Deposit/rate of recovery/mode of recovery shall be as under:- (a) Security Deposit for the work shall be 10% of the contract value, (b) The rate of recovery shall be 10% of the work done amount . (c) Security Deposits will be recovered only from the running bills of the contract and no other mode shall be accepted towards Security Deposit .After the work is physically completed, security deposit recovered from the running bills of a contractor will be returned to him under rules. 31. No interest will be payable upon the Earnest Money and Security Deposit or amounts payable to the Contractor under the Contract.

32.0 PERFORMANCE BANK GUARANTEE a) The successful Tenderer shall submit a Performance Guarantee (PG) in the form of an irrevocable bank guarantee amounting to 3 % of the contract value. b) A Performance Guarantee shall be submitted by the successful Tenderer after the letter of intent/allotment whichever is earlier has been issued, but before signing of the agreement. The agreement should normally be signed within 15 days after the issue of LOI and the Performance Guarantee shall also be submitted within the 28 days from the date of issue of LOI /Allotment, whichever is early. This guarantee shall be initially valid up to the stipulated date of completion plus 90 days beyond that. In case, the time for completion of work gets extended, the contractor shall get the validity of Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 52/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Performance Guarantee extended to cover such extended time for completion of work plus 90 days. c) The Performance Guarantee (PG) shall be released after the physical completion of the work based on the ‘Completion Certificate’ issued by the competent authority stating that the contractor has completed the work in all respects satisfactorily. d) Wherever the contract is rescinded, the security deposit shall be forfeited and the Performance Guarantee shall be en- cashed and the balance work shall be got done Independently without risk and cost of the failed contractor. The failed contractor shall be debarred from participating in the tender for executing the balance work. If the failed contractor is a JV or a partnership firm, then every member / partner of such a firm shall be debarred from participating in the tender for the balance work either in his / her individual capacity or as a partner of any other JV/partnership firm. e)i The Engineer shall not make a claim under the Performance Guarantee except for amounts to which Department is entitled under the contract (not withstanding and /or without prejudice to any other provisions in the contract agreement) in the event of Failure by the contractor to extend the validity of the Performance Guarantee as described herein above, in which event the Engineer may claim the full amount of the Performance Guarantee. ii) Failure by the contractor to pay department any amount due, either as agreed by the contractor or determined under any of the Clauses/Conditions of the agreement, within 30 days of the service of notice to this effect by Engineer. iii) The contract being determined or rescinded under provision of the GCC /SCC the Performance Guarantee shall be forfeited in full and shall be absolutely at the disposal of department.

33.0 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. 34.0 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.

35.0 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. 36.0 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. 37.0 DEPLOYMENT OF PLANT AND MACHINERY The deployment of machinery including moving machines shall be such as not to infringe or cause damage to Government or private properties. Operation of such equipment involving Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 53/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland. 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. 38.0 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 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. 39.0 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. 40.0 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. 41.0 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. 42.0 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. 43.0 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 Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 54/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland. under the contract and all matters and things necessary for the proper completion and maintenance of the works including defect liability period. 44.0 DISCREPANCIES AND ADJUSTMENT OF ERRORS a. In case of discrepancy between Schedule of Quantities, the Specifications and/or the Drawings, the order of priority shall be observed as per relevant clause of S.S.R. b. If there are varying or conflicting provisions made in any one documents forming part of the Contract, the accepting Authority shall be the deciding authority with regard to the intention of the document and whose decision shall be final and binding on the contractor. c. 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 of the works comprised there in according to drawings and specifications or from any of his obligations under the contract.

45.0 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 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.

46.0 LABOUR The contractor shall employ labour in sufficient number to maintain the required rate of progress and to ensure workmanship of the degree specified in the contract and to the satisfaction of the Engineer-in-charge. The contractor shall not employ in connection with the works any person who has not completed his fifteen years of age. i. The contractor shall furnish to the Engineer-in-charge at the intervals mentioned in prescribed form details of the number with description by trades of the work people employed on the works. The contractor shall also give details of (i) The accidents that occurred during the fortnight showing the circumstances under which they happened and the extent of damage and injury caused by them and (ii) The number of female workers who have been allowed maternity benefit as provided in the rule and the amount paid to them. iii. The contractor shall pay to labour employed by him either directly or through his representative, wages not less than fair wages as defined in the contract regulations. iv. The contractor shall in respect of labour employed by him or his sub-contractors Comply with or cause to be complied with the contract Labour Regulations in regard to all matters provided therein. v. The contractor shall comply with the provisions of the payment of wages Act, 1936 minimum wages Act, 1948, Employer’s liability Act, 1938. Workmen’s Compensation Act, 1923, Industrial Dispute Act 1947, Maternity Benefit Act 1961 & Mines Act 1952, Contract labour (Regulations and Abolition) Act 1970 and labour central rules 1971 or any modification thereof or any other law relating thereto and rules made there under from time to time where applicable and shall also Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 55/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland. indemnify the Department from and against any claim under the aforesaid Act & Rules and as in vogue in the state of Jammu and Kashmir. vi. The contractor/s shall thoroughly familiar himself /themselves about the provision of contract labour Acts in force and submit a certificate to the Engineer-in-charge of the work indicating whether the provision of such Acts & Rules as are applicable. The contractor/s shall observe all the formalities, perform all the acts and abide by all the provisions contained in these Contract Labour Acts of the State of J&K. vii) The contractor’s shall provide, running canteens, latrines and urinals, facilities and First Aid Facilities Strictly in accordance with the provisions of contract labour Acts. If these facilities are not provided by the contractors within the stipulated time, the same will be provided by the Department and the cost for the same will be debited to the contractor. c) The contractor/s shall pay wages to his labour in a manner laid down in contract labour Acts. In case the contractor/s labour performs the same or similar kind of work as the workmen directly employed by the Department, the wages rates, holidays, hours of work and other conditions of service of the workmen employed by the Department shall be applicable to the contractor labour also. The Executive Engineer / Assistant Executive Engineer Shall be fully empowered to pay on certifying the due payments on account any activity like Labour , Photography , Vediographic , drone Shoots , Survey work , preparation of quantity schedules , if same is not paid in time by the agency or he fails to pay after issuing a notice giving him maximum 15days time. No further notices shall be served to agency in this regard and decision of the Engineer-in-charge will be final in this regard. d) The contractor/s shall keep and maintain necessary register/records and issue employment cards/service certificates and display notices in accordance with contract labour Acts. e) In any case in which by virtue of section 20 (2) and 21 (4) of the contract labour regulation and Abolition Act, 1970 or any modification/revision thereafter, Department is obliged to provide amenities and / or pay wages to labour employed by the contractor directly or through petty contractor/s or sub-contractors under this contract, then the contractor shall indemnify the Department fully and the Department shall be entitled to recover from the contractor the expenditure incurred on providing the said amenities and/or wages so paid by deducting it from the security deposit or from any sum due by the Department to the contractor/s provided if any dispute arise as the expenditure incurred by the Department on provisions of the said amenities. The decision of the Engineer-in-charge thereof shall be final and binding. 21.0 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 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. i. Such use or occupation shall not confer any right of tenancy of the land to the contractor. ii. The contractor shall provide, if necessary or if required on the site, all temporary access there to and shall alter, adopt and maintain the same as required from time to time and shall take up and clear them away as and when no longer required and as and when ordered by the Engineer-in- charge and make good all damage done to the site. 22.0 The contractor shall not at any time do, cause or permit any nuisance on the site or do anything which shall cause unnecessary disturbance or inconvenience to owners, tenants or occupants of other properties near the site and to the Public generally.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 56/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

47.0 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.

48.0 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. 49.0 UNCOVERING AND MAKING GOOD The contractor shall uncover any part of the works and/or make openings in or through the same as the Engineer-in-charge may from time to time direct for his verification and shall reinstate and make good such part to the satisfaction of the Engineer-in-charge. If any such part has been covered up or put of view after being approved by Engineer-in-charge and is subsequently found on un-covering to be executed in accordance with contract, the expenses of uncovering and/of making opening in or through reinstating and making good the same shall be borne by the Department. In any other case all such expenses shall be borne by the contractor. 50.0 COMPLETION CERTIFICATE As soon as the work is completed, the contractor shall give notice of such completion to the Engineer-in-charge and within thirty days of receipt of such notice the Engineer-in-charge shall Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 57/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland. inspect the work and shall furnish the contractor with a certificate of completion indicating (a) the date of completion (b) defects to be rectified by the contractor and/or (c) items for which payment shall be made at reduced rates. No certificates of completion shall be issued nor shall the work be considered to be completed till the contractor shall have removed from the premises on which work has been executed all scaffoldings, sheds and surplus material except such are required for rectification of defects, rubbish and all huts and sanitary arrangements required for his workmen on the site in connection with the execution of the work as shall have been erected by the contractor or the workmen and cleaned all dirt from the parts of building(s) in upon or about which the work has been executed or of which he may have/had possession for the purpose of the execution thereof and cleaned floors, gutters and drains, eased doors and sashes oiled locks and fastenings labeled keys clearly and handed them over to the Engineer-in-charge and made the whole premises fit for immediate occupation or use to the satisfaction of the Engineer-in-charge. If the contractor shall fail to comply with any of the requirement of these conditions as aforesaid, on or before the date of completion of the works, the Engineer-in-charge may at the expense of the contractor fulfill such requirements and dispose of the scaffoldings, surplus materials and rubbish, etc. as he thinks fit and the contractor shall have no claim in respect of any such scaffolding or surplus materials except for any sum actually realized by the sale thereof less the cost of fulfilling the requirements and any other amount that may be due from the contractor. If the expenses of fulfilling such requirements are more than the amount realised on such disposal as aforesaid, the contractor shall forthwith on demand pay such excess. a) If at any time before completion of the entire work, items or group of items for which separate periods of completion have been specified have been completed the Engineer-in-charge can take possession of any part of the same (any such parts being hereinafter in this condition referred to as the relevant part) than not withstanding any thing expressed or implied elsewhere in this contract, the defects liability period in respect of such items and the relevant part shall be deemed to have commenced from the certified date of completion of such items or the relevant part as the case may be. 51.0 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. 52.0 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. 53.0 INSTRUCTIONS AND NOTICES 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.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 58/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland. 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.

54.0 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. 55.0 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 Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 59/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland. 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 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.

56.0 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. 57.1 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.

57.2 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.

57.3 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. 57.4 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 Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 60/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland. be any balance outstanding from the contractor, it shall be recovered in accordance with the provision of the contract. 57.5 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.

58.0 URGENT WORK If any Urgent work (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 by 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 out at his expenses all expenses incurred on it by the Department shall be recoverable from the contractor and be adjusted or set of against any sum payable to him. 59.0 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. 60.0 COURTS JURISDICTION In case of any disputes/differences between contractor & Department the jurisdiction shall be within the courts situated in Srinagar only. 61.0 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. 62.0 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 & shall submit in Cover-I. 62.2 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. 63.0 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:- 63.1. “Corrupt Practice” means the offering, giving, receiving, or soliciting of anything of value to influence the action of public official in contract execution; and 63.2. “Fraudulent Practice” means a misrepresentation of facts in order to influence the execution of a Contract to the detriment of department, and includes collusive practise 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. Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 61/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

63.3. Department will reject a proposal for award if it determines that the bidder recommended for award has engaged corrupt or fraudulent practices in competing for the Contract in question. 63.4. Fraud Prevention Policy : The bidder along with its associate / collaborator / sub-contractors / sub-endors / 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. I/We agree to abide by the terms and conditions mentioned above.

Signature of the Tenderer/s

Address ………………………

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 62/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

S P E C I A L

C O N D I T I O N S

C O N T R A C T

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 63/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

SPECIAL CONDITIONS OF CONTRACT 1.0 Definitions: - 1.1 In 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 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 superceded 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) " Advertised Bill of 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 Advertised Bill of Quantities /“Schedule of 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.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 64/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland. xvii) “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 Flood Spill Channel Division Narbal. 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. 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 ten 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.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 65/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

GENERAL OBLIGATIONS 2.0 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. 3.0 Contractor’s Supervision 3.1 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 4.0 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. 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. 5.0 Protection of Environment 5.1 During execution of works, the Contractor or his authorized representatives, shall abide at all times by all existing enactment on environmental protections and rules made there under, regulations, notifications and bye-laws of the State or Central Government or local authorities and any other law, bye-law, regulation that may be issued in this respect in future by the State or Central Government or local authority. Salient features of some of the laws that are applicable are given below:- Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 66/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland. i) The Water (Prevention and Control of Pollution) Act, 1974. This provides for the prevention and control of water pollution and maintaining and restoring of wholesomeness of water. “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 likely 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 or plants or of aquatic organisms. ii) The Air (Prevention and Control of Pollution) Act, 1981. This provides for 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 property or environment. iii) The Environment (Protection) Act, 1986. 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 interrelationship which exists among and between water, air and land, other living creatures, plants, micro-organism and property.

5.2 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 Central Government. 5.3 Protection of Trees i) The contractor must organize his work in such a way that the ecology of the area is not affected. The instructions issued in this regard will have to be carefully followed. ii) The section passes through forestland. The contractor or his workers are prohibited to cut trees. Cutting of trees as required under the items of works indicated in the tender schedules may be carried out strictly as directed by the Engineer-in-charge of the work. Unauthorized felling of trees will result in legal action for which contractor shall be responsible. 6.0 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.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 67/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland. 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. 7.0 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 works 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 through out 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 Performance Security. However, the Contractor shall not be absolved from his responsibility and/or liability in this regard. 8.0 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. 9.0 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 Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 68/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

special conditions. In case of any breach (whether willfully or inadvertently) by the contractor of this provision, the contractor shall, indemnify 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. 10.0 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. 11.0 Agreement 11.1 The Parties shall enter into a Contract Agreement within 15 days after the contractor receives allotment, unless they agree otherwise. The proforma of the agreement PWD Form 25 Double is enclosed at Appendix – X to Instruction to tenderers. 12.0 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. 13.0 Use of Materials Procured with Department’s Assistance:- 13.1 Where any materials for the execution of the contract are procured with the assistance of the Department either by issue from stocks or purchased under arrangements made or permits or licenses issued by the Government, the contractor shall hold said materials as a trustee for the Department and use such materials economically and solely for the purpose of the contract against which they are issued and not dispose them of without the permission of the Department. He shall also return if required by the Engineer-in-charge to such destination as may be directed, all or part of surplus or un service able materials that may be left with him after the completion of the contract or at its termination for any reason whatsoever on payment of such price as Engineer-in-charge may fix with due regard to the conditions of the materials. In the event of the contract being terminated for any default on the part of the tenderer, the freight charges for the return of the materials according to the direction of the Engineer-in-charge shall be borne by the contractor. The decision of the Engineer-in-charge shall be final and binding. 13.2 After the acceptance of tender, the Contractor shall make request in writing to the Engineer for the materials to be supplied, if any, in accordance with the approved programme for execution of works. 13.3 If the material is issued by the Department and consumed in the works by contractor then the recovery shall be made by Engineer from contractor’s dues at the prevalent stock rate at the time of tendering , issued by the Executive Engineer tenders were invited. 13.4 In the event of any breach of the aforesaid condition, the contractor shall in addition to making himself liable for action for contravention of the terms of the license or permit Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 69/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

and/or for criminal breach of trust, be liable to account to the Department for all moneys, advantages, profits resulting or which in the usual course would have resulted to him by reasons of such breach. The cost will be recovered double from contractors dues in case the materials are found to be misused or unreturned as directed by the Engineer-in- charge.

14.0 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. 15.0 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 . 16.0 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

17.0 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 18.0 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. 19.0 Priority of Documents 19.1 The documents forming the Contract are to be taken as mutually explanatory of one another.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 70/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

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) Bill of 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 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. 20.0 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.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 71/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

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…. 21.0 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. 22.0 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. 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 180 days, the contract may be fore- closed with mutual consent by giving a notice of 30 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.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 72/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland. 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. vi) 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. 23.0 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. Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 73/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland. iii) Penalty for Delay on account of Contractor In case of delay not justified & caused due to the faults of the Contractor a penalty @ 0.20% per week of the contract value but shall not exceed 5% of the Contract Value. 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, subject to the following: a) Without prejudice to any other right or remedy available to the Engineer, recover by way of Liquidated damages and not as penalty, a sum as mentioned below:- 1) Equivalent to one half (1/2%), the contract value of the works, for each week or part of a week in completion of the work. 2) The total amount of liquidated damages in respect of the Works in all stages shall, however, not exceed 5% of the contract value. ii) Liquidated damages recovered at Intermediate stage shall be refunded to the Contractor if subsequent targets are achieved without any effect on the programme of the Contractor provided further that there is no accepted claim by the Contractor on this account. iii) The liquidated damages are recovered by the Engineer-in-Charge from the Contractor for delay and not as penalty, which will be . iv) The Engineer-in-Charge may, without prejudice to any other method of recovery, deduct the amount of such damages from any monies due, or to become due, to the Contractor. In the event of an extension of time being granted, the amount due under this Sub-Clause shall be recalculated accordingly, and any over-payment refunded. v) The payment or deduction of such damages shall not relieve the Contractor from his obligations to complete the Works, or from any other of his duties, obligations or responsibilities under the Contract. vi) The Contractor shall use and continue to use his best endeavors to avoid or reduce further delay to the Works, or any relevant Stages. vii) At any time after the Engineer-in-Charge has become entitled to liquidate damages, the Engineer-in-Charge /Engineer may give notice to the Contractor, requiring the Contractor to complete the Works within a specified reasonable time. Such action shall not prejudice the Engineer-in-Charge's entitlements to recovery of liquidated damages, under this Sub- Clause and to terminate; viii) The recovery of such damages shall not relieve the Contractor from his obligation to complete the work or from any other obligation and liability under the contract. 23.7 Engineer’s Decision on Compensation Payable being Final i) The decision of the Engineer as to the compensation, if any, payable by the Contractor under this clause shall be final and binding. 23.8 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.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 74/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

24.0 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. 25.0 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. 26.0 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. 27.0 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. 27.0 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. 28.0 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/machinary.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 75/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

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. 29.0 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. 29.2 The Department may give on hire to contractor any plant or equipment if available, but it will not entertain any claim for compensation due to the Department ’s failure to do so nor can the Department ’s inability to supply such plant be taken as an excuse for slow progress or non-performance of the work. If any plant is loaned by the Department to the contractor hire charges will be levied as decided by the Department and a separate hire agreement will have to be executed before the plant is issued. 30.0 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. 31.0 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. 32.0 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. 33.0 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. 34.0 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

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 76/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

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. 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. 35.0 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. 36.0 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. 37.0 Use of Materials 37.1 No material shall be used by contractor until and unless the same has been tested and passed by Engineer-in-charge. 38.0 Sufficiency of Construction Plants and Equipments 38.1 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. 38.2 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. 38.3 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. Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 77/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

38.4 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. 39.0 Urgent Work 39.1 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.

VARIATION AND ADJUSTMENTS 39.2 Price Variation Clause 39.3 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. 39.4 No cognizance will be given for any sort of fluctuations in rates of any individual items for the purpose of making adjustment in payments. 40.0 Performance Security 40.1 Within 28 days of issue of the Letter of intent / allotment , from the chief Engineer, the successful tenderer shall furnish to Engineer-in-charge a Performance Security in the form of bank guarantee on the proforma annexed as Appendix -XI from any Scheduled Bank for an amount of 3 % (Three percent) of the original Contract value. The guarantee shall be valid for 90 days beyond the contract period / the extended period of contract i.e. the time of completion. 40.0 The Bank Guarantee shall be operative till the same is approved for discharge by the Engineer-in-charge 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. 41.0 Retention Money (Security Deposit):- 41.1 Retention money/Security deposit for all contracts shall be recovered from on account/ final bills of the Contractor @ 10% of amount of on each bill and shall be released as per clause 42.20 below. 41.2 No interest shall be payable to the Contractor on the amount retained in cash towards retention money. 42.0 Release of Performance Security:- 42.1 The whole of the Performance Security shall be liable to be forfeited by the Engineer-in- charge 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 observe 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 Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 78/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

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. 42.2 Release of Retention Money (Security Deposit): i) The Retention Money shall be released to the Contractor after preparation of final bill and acceptance of the same by the Contractor and after the expiry of the defect liability period specified in the Contract, reckoned from the date on which the Engineer shall have issued the Certificate of Completion comprising the whole of works. The retention money shall be released after all failures, defects, imperfections, shrinkages and faults have been rectified by the Contractor to the satisfaction of the Engineer and Defect Liability certificate is issued by the Engineer and as permissible under P.W. Accounts /Book of Financial Powers of J&K state. ii) Where different defect liability periods are applicable to different parts of the works, the expression -"expiration of the defect liability period" shall for the purpose of this clause be deemed to mean the expiry of last of such periods 43.0 ON ACCOUNT PAYMENTS. 43.1 Ist on account payment will be made after achieving 15% of the progress with deduction of taxes as in vogue .The other on account payments will be paid after achieving progress of multiple of 15% and final bill will be submitted after completion of work in stipulated time. The Department shall make all efforts in this regard and will ensure to avoid any financial problems on this account to the contractor. The decision of the Engineer-in- charge in this regard will be final. The increase in the deduction of rate o f GST,income tax etc. shall will be effective as per the notification and shall be borne by the contractor only. 43.2 The payments shall be made to the contractor in accordance with the procedure as laid by the P.W.D accounts code J&K state in vogue .All payments shall be made though digital transfers /PAO at Srinagar after deduction of income Tax, Labour cess, GST as applicable , cost of departmental supplies if any and labour claim if any. The intending tenders shall note that the department shall not make any advance Payment to the successful tenderer/s’ firm at the time of fixation of contract. a) No mobilization advance shall be paid to the contractor/Firm. 43.3 In case of detection of wrong or excess amount paid in the on account of bills, paid to the contractor, the excess amount will be deducted from his next due payments at the first instance . 43.3 Payment for the work done will be made to the contractor only when the formal agreement has been executed between the parties. 44.0 Taxes and Duties 44.1 GST, Octroi, royalty, toll tax or entry tax, any other tax, taxes levied by the Central or State Govt. or local bodies, up to the last date of receipt of tender shall be borne by the tenderer/s. No part of such taxes on contractor labour /materials or any other amount will be paid by Department. This should be kept in view before tendering. 44.2 If any further increase to the existing rates of GST or levies is made or imposed by the State Govt., Central Govt. or local bodies after the date of acceptance of tender, the same is required to be borne by the contractor, and will not be reimbursed to the contractor. The rates shall remain in vogue till completion of the contract.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 79/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

44.0 Deductions of Income Tax at Source 44.1 In terms of new section 194 C inserted by the Finance Act 1972 in the Income Tax Act 1961, Department shall at the time of arranging payments to the contractor, be entitled to deduct income tax at source. The deductions towards income tax to be made at source from the payments due to the non-residents shall continue to be governed by Section 195 of the Income Tax Act, 1961.

LABOUR 45.0 Sufficiency of Labour 45.1 The contractor shall employ labour in sufficient number to maintain the required rate of progress and to ensure workmanship of the degree specified in the contract and to the satisfaction of the Engineer-in-charge. 46.0 Returns of Labour Employed 46.1 The contractor shall provide to the Engineer-in-charge at the specific intervals the details of :- (i) The accidents that occurred during the fortnight showing the circumstances under which they happened and the extent of damage and injury caused by them and (ii) The number of female workers who have been allowed maternity benefit as provided in the rule and the amount paid to them. 47.0 Claims on account of violation of labour laws 47.1 If any moneys shall as a result of any instructions, directions or decisions from the authorities or claim or application made under any of the labour laws or regulations be directed to be paid by the Engineer because of any failure of the Contractor, such moneys shall be deemed to be moneys payable to the Engineer by the Contractor and on failure of the Contractor to repay the Engineer any moneys paid or to be paid as aforesaid within seven days after the same shall have been demanded, the Engineer shall be entitled to recover the amount from any moneys due or becoming due to the Contractor under this or any other contract with the Department. The Engineer shall not be bound to contest any such claim or demand unless the Contractor makes a written request for it, and Contractor’s reasons for contesting are considered reasonable by the Engineer and the Contractor deposits the full cost that the Engineer may have to incur in contesting the case.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 80/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

COMPLETION AND DEFECT LIABILITY

48.0 Cost of Remedying Defects 48.1 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:- i) Any design for which the contractor is responsible. ii) Plant, Materials or Workmanship not being in accordance with the Contract, or iii) Failure by the contractor to comply with any other obligation. 49.0 Failure to Remedy Defects 49.1 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:- i) Carry out the work itself or by others, in a reasonable manner and at contractor’s cost, ii) 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. 50.0 Maintenance/ Defects Liability Period 50.1 The maintenance period shall be 06 (Six) months from the date of issue of completion certificate by the Engineer-in-charge to the contractor after satisfying himself that the works have been carried out by the contractor fully according to specifications and quality requirements and are suitable for the intended purpose. 50.2 The Department shall be entitled to an extension of the Defects Liability Period for the works or a section if and to the extent that the works, section, after taking over, cannot be used for the purposes for which they are intended by reason of a defect or damage. 51.0 Risk and Cost in Case of Failure of the Contractor 51.1 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. 51.2 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 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. 51.3 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 a contract will be recovered from the contractor’s running bills, security deposit, or any other dues available with Department. 52.0 Guarantees and Warranties 52.1 Within 28 days of issue of the Letter of intent from the Chief Engineer Kashmir Irrigation and Flood Control Department Srinagar, the successful tenderer shall furnish to the Chief Engineer.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 81/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland. i) 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. ii) 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. 52.2 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 52.3 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

DETERMINATION OF CONTRACT 53.0 Settlement of Disputes 53.1 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:- 53.2 Mutual Settlement i) 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. 53.3 Conciliation/Arbitration i) It is a term of this contract that Conciliation/Arbitration of disputes shall not be commenced unless an attempt has first been made by the parties to settle such disputes through mutual settlement. ii) If the Contractor is not satisfied with the settlement by the Engineer-In-Charge on any matter in question, disputes or differences, the Contractor may refer to the Chief Engineer of the Engineer-In-Charge in writing to settle such disputes or differences through Conciliation or Arbitration provided that the demand for Conciliation or Arbitration shall specify the matters, which are in question or subject of the disputes or differences as also the amount of claim, item wise. Only such dispute(s) or difference(s) in respect of which the demand has been made, together with counter claims of the Engineer-In-Charge shall be referred to Conciliator or Arbitrator as the case may be and other matters shall not be included in the reference. iii) Chief Engineer of the Engineer-In-Charge may appoint Conciliator/s or Arbitrator/s as the case may be for this purpose a panel of names will be sent to the Contractor. Such persons may be working /retired employees of the Employer or working /retired employees of the Department, who had not been connected with the work. Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 82/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland. iv) This is an agreed term of this contract that the Conciliator/s and Arbitrator/s shall be appointed from the list of working /retired employees of Department or working /retired employees of Department as per the approval of Kashmir Irrigation & Flood Control Department Srinagar. v) The Conciliation and/or Arbitration proceedings shall be governed by the provisions of the Indian Arbitration and Conciliation Act 1996 or and arbitration and conciliation Act as applicable in the state of J & K for the time being in force shall apply to the conciliation and arbitration proceedings under this clause any statutory modification or re-enactment thereof and the rules made there under. vi) The language of proceedings, documents or communications shall be in English and the award shall be made in English in writing. vii) The Conciliation and Arbitration hearings shall be held in Srinagar only. The Arbitrators shall always give item-wise and reasoned awards in all cases where the total claim exceeds Rupees five lakh viii) The fees and other charges of the Conciliator/Arbitrator shall be as per the scales fixed by the Engineer-In-Charge and shall be shared equally between the Department and the Contractor.

ix) Arbitration Any Dispute which is not resolved amicably by conciliation, as provided in Clause 53.3, shall be finally decided by reference to arbitration by an Arbitral Tribunal appointed in accordance with Clause 53.3( x). Such arbitration shall be held in accordance with the Rules of Arbitration of state of Jammu & Kashmir –Srinagar , , or such other rules as may be mutually agreed by the Parties, and shall be subject to the provisions of the Arbitration and Conciliation Act, 1996. The venue of such arbitration shall be Srinagar and the language of arbitration proceedings shall be in English. x) There shall be an Arbitral Tribunal of three arbitrators, of whom each Party shall select one, and the third arbitrator shall be appointed by the two arbitrators so selected, and in the event of disagreement between the two arbitrators, the appointment a sole arbitrator whose appointment shall be made by the Chairman of local chapter of institution of Engineer’s India Srinagar Centre. xi) The arbitrators shall make a reasoned award (the “Aard”). Any Award made in any arbitration held pursuant to this Clause 53.3(ix) shall be final and binding on the Parties as from the date it is made, and the Consultant and the CE, I&FC, KASHMIR agree and undertake to carry out such Award without delay. xii) The Consultant and the CE, I&FC, KASHMIR agree that an Award may be enforced against the Contractor/bidder and/or the CE, I&FC, KASHMIR, as the case may be, and their respective assets wherever situated.

53.4 Settlement through Court i) It is a term of this contract that the Contractor shall not approach any Court of Law for settlement of such disputes or differences unless an attempt has first been made by the parties to settle such disputes or differences through clauses 60.2 and 60.3. 53.5 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

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 83/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

party shall be entitled to suspend the work on account of conciliation/arbitration nor payments to the Contractor shall continue to be made in terms of the contract.

53.6 Award to be binding on all Parties i) The award of the Sole Arbitrator, unless challenged in court of law, shall be binding on all parties. 53.7 Exception i) For settlement of disputes with exception, the procedure as per existing orders of Permanent Machinery for Arbitration of State of Jammu & Kashmir shall be followed. 53.8 Jurisdiction of Courts i) In case of any disputes/differences between contractor & Department the jurisdiction shall be of Srinagar Courts only. 54.0 Excepted Matters 54.1 Following items shall be considered as excepted matters and decision of Engineer-in- Charge there on shall be final and binding on the contractor. The excepted matters shall stand specifically excluded from the preview of Conciliation /Arbitration clause and shall not be referred to Conciliation /Arbitration. i) Measurement of work, ii) Interpretation & meaning and intent of specification & drawings, iii) Rates for extra items of work, ii) Right of Department to Determine the Contract.

55.0 Publicity 55.1 The contractor shall not publish or otherwise circulate alone or in conjunction with any other person, any articles, photographs or other materials relating to the Contract, the Site, the Works, the Project or any part thereof, nor impart to the Press, or any radio or television network any information relating thereto, nor allow any representative of the media access to the Site, contractor's Works Areas, or off-Site place of manufacture, or storage except with the permission, in writing, of the Engineer-In-Charge. The provisions of this Clause shall not exempt the contractor from complying with any statutory provision in regard to the taking and publication of photographs. 55.2 No claim for idle labour/idle machinery on any account shall be entertained. Similarly no claim shall be entitled for any business loss or any such loss. 56.0 GENERAL DESCRIPTION OF SITE AREA & CLIMATIC CONDITIONS 56.1 The alignment traverses through fairly level/marshy ground with canals and streams crossing across. 56.2 The alignment of proposed channel/ cunette from RD 13182 M to RD 16713 M of Flood Spill Channel practically flows along the age old alignment of Hokersar (wetland) and finally in Wullar lake , the largest flood absorption basin available in valley. The excavated earth quantity is to be disposed of outside the periphery of Hokersar wetland within a radius of 18 km at different spots.as per the directions of the site Engineers. 56.3 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.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 84/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

56.4 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. 57.0 RAIN FALL 57.1 The rainfall in the project area is affected by western disturbances from ending December to May. While there is rainfall through out 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 Barzulla Srinagar before submitting the tender. 58.0 LAND 58.1 Land needed for contractors’ labour camps, site offices and workshop/laboratory etc. at work site shall be arranged by Contractor/s at his/their own cost. Department 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. 58.2 Land for dumping of excavated material from open as well as the foundation excavation shall be made in the Flood Spill Channel on sides, without causing any obstruction in the flow of discharge as per the directions of the Engineer-in-charge. 59.0 WATER SUPPLY 59.1 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. 60.0 POWER SUPPLY 60.1 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. 61.0 SERVICE ROADS This shall be read in conjunction with Clause No. 34 of Special Conditions of Contract 61.1 The required access roads and service roads and temporary diversions etc. shall be constructed by the contractor at his own expenses and arranging the land 62.0 WORKING CAMPS 62.1 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 shall be removed by the contractor and the land handed over free of any encumbrance.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 85/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

63.0 COMPLETION PERIOD 63.1 The entire work is required to be completed in all respect within the time period as indicated in “General Information “ from the date of issue of the acceptance letter/telegram ,which the contractor should specially bear in mind.

64.0 PHOTOGRAPHS OF CONSTRUCTION SITES (Progress) 64.1 The contractor is required to take and supply to Engineer-in-charge colored photographs and films or CD’s of construction activities. 64.2 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. 64.3 The Department shall have full ownership and copyright of all the photographs, and the contractor shall indemnify Department against any claim of any sort.

65. 0 QUANTITY VARIATION 65.1 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. 65.2 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.

66.0 NON-ITEMISED WORKS 66.1 Should there arise any items which may be necessary for completion of work but which does not appear in the Schedule of Items, Rates and Quantities attached with tenders, the same shall be executed at the rates set forth in the Standard Schedule of Rates of state of Jammu and Kashmir, modified by the tender percentage and/or at the negotiated rate agreed upon and/or its rate will be fixed by analysis of actual inputs required of all types including labour & material before commencement of such works. No items of work requiring non-schedule rates will be carried unless ordered to do so by the Engineer. Such works may also be got executed through any other agency at the discretion of the Department. 67.0 FACILITIES TO OTHER CONTRACTORS 67.1 The contractor shall be required to hand over the site to Department immediately on completion of the same within the construction period as stipulated and/or as directed by the Engineer. The Contractor shall immediately remove his/her plant, equipment and machinery etc. from the site.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 86/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

68.0 TENDER DRAWINGS 68.1 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.

69.0 SCOPE OF SPECIFICATIONS 69.1 This Specification defines materials, methods and workmanship required for the Construction Works in Earthwork/dredging works. 69.2 This Specification defines the requirements for the main items for the Construction Works. For any item, which is not covered by this Specification, a Standard shall be applied as agreed between the Engineer and the contractor.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 87/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

SPECIFICATIONS

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 88/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

EARTHWORK /DREDGING/PROTECTION WORKS

1.0 SCOPE 1.1 The scope of work generally includes the following: i. Earthwork in excavation by mechanical means up to required depth ,width & gradient in all kinds of soils / silt / mud / under water under all conditions including Pumping out water or liquid mud & all other allowances such as hardness, wetness slush etc. including all leads & lifts by making arrangement with contractor's own plant and machinery including construction of temporary dykes , making ramps, diversion bunds, crossing of Channel / Nallahs/streams and any other obstructions. & removal of the same after execution. ii. Protection of side slopes of proposed channel by way of using Geo /Mega bags to be filled with available earth . iii. Transportation of excavated earth to be carried outside the periphery of Hokersar wetland as per the directions of the Engineer-in-charge upto a maximum lead of 18KM including loading ,unloading leveling & dressing as indicated in schedule of items/advertised list or statement of quantities. 1.2 Rates: The rates payable for item of earthwork excavation/dredging includes all lift, lead as mentioned in the advertised rate list of aforesaid N.I.T, disposal as mentioned in the Rate List and the N.I.T conditions material and equipment including that of, temporary works, safety arrangements, setting out, de-watering, clearing of site, benching in ground, providing berm etc. maintenance of slopes and formation till taken over by the Department. 1.3 The contractor should commence work systematically in consultation with and as per instructions of the Engineer-in-charge and maintain continuous progress completing the cutting. 1.4 The contractor at his own cost shall provide, fix and be responsible for the maintenance of all stakes, templates, Profiles, land marks, points, burjis, monuments, centre line pillars, reference pillars etc. and shall take all necessary precautions to prevent their being removed/altered or disturbed and will be responsible for the consequences of such removal, alterations or disturbance and for their efficient reinstatement. 1.5 For the earthwork in formation, diversion and training works, the toes of the slopes of bank, cutting on both sides of the centre line and also lines parallel to and 60cm outside the toes of slopes of banks should be demarcated by the contractor with a deep furrow at least 15cm deep. This is to be considered as part of the setting out of the work and preliminary to his being allowed to break ground. This is to be executed, maintained and renewed by him without any extra payment when necessary and when ordered by the Engineer. 1.6 Before the earthwork is started by the contractor the ground between the lines where excavation, cutting and training works shall be cleared of all trees along with the roots, shrubs, heavy grass and under growth of every kind. None of the items of work mentioned in this Para will entitle the contractor/s to any extra payment. No trees falling outside the proposed channel shall be allowed to cut

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 89/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

1.7 The widths, side slopes of proposed channel cutting may be changed by the Engineer, if so found necessary for stability of the cutting. The contractor shall have no claim whatsoever on account of change in side slopes or formation widths. The decision of the Engineer for determining the slopes initially or subsequently and for modifying the slopes and formation widths will be final and binding and no claim whatsoever shall be entertained by the Department. 1.8 Before the excavation is taken up, the contractor shall ensure that all bench marks and reference points, likely to be disturbed during excavation, are protected or transferred to enable their subsequent use. The excavation shall be done with vertical or sloping sides as instructed by the Engineer. It is to be clearly noted that rate of excavation includes supply and provision of timber shoring or timber Strutting wherever required. 1.9 The rate for excavation is for all type of soils and under all the conditions and include all operations and incidental charges, royalty etc. complete with all lift and lead as advertised in the N.I.T and arranging land for dumping site including disposal of surplus cut spoils at dumping site near the site arranged by contractor at his own cost, however the disposal of earth within 18 km radius at different places will be identified & communicated to the agency. No classification of soil shall be undertaken. The Soil comprises of the Silt, clay , sand & peat. The soil is varying from dry to mud to be executed under dry as well as in under water conditions. 1.10 Earthwork in formation at any level shall be required to be executed 50cm extra wide on either side than that required for final payment. This extra width shall be then trimmed and finished suitably thus compacting the slopes. The rate for earthwork shall be deemed to be inclusive of this work and trimming to the profile as per approved drawing. 1.11 The suitable cut spoils from cutting in formation catch water drains, side drains, trolley refuges etc. and diversion of Nallah shall be dumped for making embankment and guide bunds within the zone. No separate payment for carriage of cut spoil either by head lead or through trucks or any other machinery/ methods will be made. 1.12 Deductions on account of water content, vegetation and compaction/shrinkage shall be made as allowed by the book of specification and as found fit by the Engineer-in-charge. 2.0 EARTH WORK IN CUTTING 2.1 The tendered rates against relevant item of “Schedule of items, rates and quantities” for open excavation in cutting, in formation will be applicable to all classes of soils. This will be inclusive of all lift, ascent, descent, etc. and disposal of surplus cuttings as advertised in the N.I.T, at suitable dumping sites to be arranged by contractor at his own cost. 2.2 Spoils if dumped in the rain cuts or other places than as specified by Engineer-in-charge shall be the responsibility of the contractor to remove and make free flow of water. He shall see that the spoil are correctly dumped as directed by Engineer-in-charge otherwise payment for cutting for such quantity shall not be made / withdrawn. 2.3 All permissions needed from the concerned state/central authority, local bodies or private landowners shall be obtained by the tenderer for excavating and leading the same to the site of works or to the disposal sites , however the department will facilitate the contractor in getting such permission. Payment of royalty or any other charges for obtaining and leading earth to the site of works shall be the responsibility of the contractor.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 90/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

3.0 MEASUREMENTS 3.1 The payment for the quantity of earthwork in cutting will be made on cross-sectional measurements taken before & after execution with ETS or Auto Level. The existing ground profile will be taken by the Department in presence of contractor or his authorized representative before commencement of the work. The profile of the cutting as required to be provided, will also be plotted on the same sheets. The levels and cross-sections shall be signed by both the Engineers’ representative and the contractor or his authorized representative. (The drawings indicating profiles of the cutting as required to be provided are for the guidance of the contractor and not for purpose of measurement). 3.2 The profiles of the finished cutting will likewise be taken in the presence of the contractor or his authorized representative and super-imposed on the original ground profiles. The gross volume of earthwork in cutting will be calculated from the original ground profile and finished profile of the cutting for the purpose of payment i.e. after deduction for water content, shrinkage/compaction in accordance with book of specification and SSR-2012. 3.3 Final measurements will be taken only after the cutting has been completed to the required profile, irrespective of the prolongation of period of completion. 3.4 The rates also include maintenance of the cuttings to correct profile including repairs of all rain cuts and removal of silt and slips that may be accumulated in cutting during rains etc. until the final measurements have been recorded and formation taken over by the Department. The rate of all items of “Schedule of items, rates and quantities” will cover the full cost of finished work as advertised. 3.5 All cuttings are to be executed and made up neatly to the lines, shown in the cross-section. No payment will be made for excess work done outside these lines except when such work are so ordered in writing by the Engineer-in-charge or his authorized representative.

4.0 ANCILLARY WORKS 4.1 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

5.0 SETTING OUT OF WORKS 5.1 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. 5.2 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. 5.3 The contractor shall also provide, fix and be responsible for the maintenance of all stacks, templates, profiles, level marks, points, etc., and must take all necessary precautions to

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 91/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

prevent their being removed, altered or disturbed and will be held responsible for the consequences of such removal, alterations or disturbances, if taken place.

PROTECTION OF ENVIRONMENT 1.0 General 1.1 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. 1.2 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. 1.3 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) are summarized in Table 1.1 below. 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. 2.0 The Water (Prevention and control of Pollution) Act, 1974. 2.1 This provides for the prevention and control of water pollution and the maintaining and restoring the wholesomeness of water. “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. 3.0 The Air (Prevention and control of Pollution) Act, 1981. 3.1 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. 4.0 The Environment (Protection) Act, 1986. 4.1 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 interrelationship, which exists among and between water, air and land, and human beings, other living creatures, plants, microorganisms and property.

5.0 The Public Liability Insurance Act, 1991. 5.1 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 Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 92/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

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 is reported in Table 1.1 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 All vehicles delivering material to the site shall be covered to construction to avoid material spillage. Construction site should be activities 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 Exhaust emissions from all construction equipments shall machinary adhere to vehicle emission norms laid out by state /vehicles Pollution Control Board (SPCB). Escaping of dust from All earthwork and construction material should be stored Storage Earthwork in such a manner so that generation of dust will be minimized. Noise from The sitting of construction yard should be done leaving at construction equipment least 100m distance from any residential areas. This will required to be used. 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. Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 93/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Exposure to loud noise Earplugs/ear mufflers should be provided to workers exposed to loud noise (As per Factory Act requirements) 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, Construction waste includes waste arising from foundation recycling and disposal excavation, land excavation, site formation, during construction phase. 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 No lubricants, oils, solvents or paint products should be aqueous waste and allowed to discharge into water courses, either by direct sewage etc. 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 The contractor shall abide by the contract conditions and materials 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. Occupational health The contractor is required to comply with all the and safety 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 The contractor shall supply all necessary safety appliances accessories/appliances such as safety goggles, helmets, safety belts, earplugs, to each worker masks etc. to the workers and staff.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 94/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

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 A readily available first aid unit including an adequate supply of construction site 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 All anti-malarial measures as prescribed by the Health Department of health and Hygiene J&K shall be compiled with, including filling up of borrow pits.

Good disposal practices as recommended in DPR shall be followed. Debris Disposal 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.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 95/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

DRAWINGS

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 96/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 97/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 98/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 99/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 100/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 101/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 102/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 103/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 104/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 105/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 106/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 107/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 108/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 109/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

VOLUME-II PRICE BID

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 110/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Rate list offer form (sample). QUANTITY SCHEDULE Name of Work: Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Advertised Cost:- Rs3178.53 Lacs Rate to be quoted both in S.No Name Quantity Unit words & figures (in Rupees) Earth work in excavation by deploying suitable machinery(ies) like earth moving /Amphibian hydraulic machines or suitable dredgers , hydraulic excavators with long & short booms , tippers, dumpers, loaders etc. or any other equivalent machinery required for the specified detailed scope of work along with skilled and highly experienced operational / supervisory work force, besides necessary manpower. up to required depth width & gradient in all kinds of soil /silt/mud /Hard Soil under all difficult conditions, in or under Water & Liquid Mud with provision for allowance as 1 355278 Cum R.T.Q hardness, wetness, slush etc, including all leads & lifts, including cost of constructions of temporary dykes/ Ramps/crossing of Channels/Nallah/Stream to facilitate all operations & removal of the same, incld. Dewatering charges & ring bunds during laying of Geo/Mega bags etc ,including transportation of excavated earth to be carried outside the periphery of Hokersar wetland as per the directions of the Engineer-in-charge upto a maximum lead of 18KM including loading ,unloading leveling & dressing ,incld. all other connected charges for the complete Job.

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 111/112 `Signature of Tenderer Construction of channel across Hokersar Wetland along age old alignment from RD 13182 M to RD 16713 M of Flood Spill Channel including its side slope protection & dredging of drainage/escape channels flowing into the Hokersar wetland.

Providing & fixing of Continuous filament Nonwoven Geo-textile High quality 100% Polypropylene Fibres manufactured from high quality polypropylene staple fibres, mechanically bonded through needle punching to form a strong and dimensionally stable fabric structure with optimum pore and high permeability. The Geo-textile must be resistant to chemicals and biological organism normally founded in 2 25661.00 sqm R.T.Q soils and must be stabilized against degradation due shorter exposure to U.V.Radiations. Confirming to EN-13253:2000, EN-13254:2000, EN- 13255:2000, ISO-10319, ISO-12236, ISO-12956, ISO-9864, ISO- 9863, ISO-10319, ASTM D 4632, ASTM D4633, including carriage of material by mechanical / manual means for the complete job.

Providing and Laying of Geotextile bags of specified make filling with available excavated material as specified Geo-bag (400gsm-pp) including 3 cost of Geo-bags and labour of all sorts including carriage of material by 113830 no R.T.Q mechanical / manual means for the complete job. ( size of bag : 1.03m x 0.70m) Providing and Laying of Geo textile bags of specified make, filling with available excavated material as specified Mega-bag-210/140 including cost 4 of Mega-bags and labour of all sorts including carriage of material by 3858 no R.T.Q mechanical / manual means for the lcomplete job. ( Size of bag : 2.00m x 1.50m )

Implementing Agency: - Executive Engineer, Flood Spill Channel, Division, Narbal. 112/112 `Signature of Tenderer