2018-19 Srl Page No.01 Tender No. CE (P) SPK/21/2018

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CA NO CE (P) SPK/ /2018-19 Srl Page No.01 Tender No. CE (P) SPK/21/2018-19 BORDER ROADS ORGANISATION MINISTRY OF DEFENCE, GOVT. OF INDIA HEADQUARTERS CHIEF ENGINEER PROJECT SAMPARK NAME OF WORK: PROVIDING, LAYING AND COMPACTION OF 30 MM THICK BITUMINOUS CONCRETE INCLUDING TACK COAT INCLUDING CORRECTION WORK WITH 50 MM THICK BITUMINOUS MACADAM INCLUDING TACK COAT, PROVIDING EDGE LINE WITH WHITE THERMOPLASTIC ROAD MARKING PAINT ON BOTH EDGES OF WEARING COURSE AND MAKING UP LOSS OF MATERIALS/IRREGULARITIES ON SHOULDER WITH APPROVED MATERIAL AND COMPACTION UPTO DESIRED DENSITY FOR RESURFACING WORKS ON ROAD LAM BADLUN BETWEEN KM 0.00 TO KM 7.740 ON ROAD LAM-PATRARI- THANDIKASSI BETWEEN KM 0.00 TO KM 15.975 ON ROAD KALSIAN-FDL 546 BETWEEN KM 0.00 TO KM 5.413 AND ON ROAD SAROL KERI-PIRBHADESHWAR BETWEEN KM 0.00 TO KM 3.75, KM 4.250 TO KM 5.500 AND KM 12.160 TO KM 30.340 (TOTAL 51.02 KMS EQVT CL-9) UNDER 58 RCC IN 31 BRTF AREA UNDER PROJECT SAMPARK S/NO Contents Page No (A) PART-I (UNPRICED/TECHNICAL BID) 1 Content Sheet. 01 01 2 Tender forwarding letter including eligibility criteria, list and format of qualification documents and instruction to tenderers. 02 15 3 Notice inviting Tender including Integrity Pact Agreement 16 29 4* General condition of contact based on IAFW–2249, 2010 print covering amendment nos.01 to 16 and Appendices 1- 4 30 145 5 Special Conditions. 146 162 6 Particular/ technical specifications including list of drawing/ appendices and Undertaking 163 175 (B) PART-II (PRICED BID) 7 Item rate contract for works required I.A.F.W-1779-A including Schedule ‘A’ notes, Schedule A and Tender Page. 176 188 (C) OTHER DOCUMENTS FORMING PART OF CONTRACT AGREEMENT 8 Errata/Amendments to tender documents. 9 Relevant correspondence. 10 Acceptance letter. 11 Total No. of Pages. 12 Total No. of Drawings. Signature of the Contractor Dated: 2019 For Accepting Officer * Not attached, these documents can be seen in the Office of the Chief Engineer, Project Sampark, C/O 56 APO during working hours.

Transcript of 2018-19 Srl Page No.01 Tender No. CE (P) SPK/21/2018

CA NO CE (P) SPK/ /2018-19 Srl Page No.01 Tender No. CE (P) SPK/21/2018-19

BORDER ROADS ORGANISATION

MINISTRY OF DEFENCE, GOVT. OF INDIA HEADQUARTERS CHIEF ENGINEER PROJECT SAMPARK

NAME OF WORK: PROVIDING, LAYING AND COMPACTION OF 30 MM THICK BITUMINOUS CONCRETE INCLUDING TACK COAT INCLUDING CORRECTION WORK WITH 50 MM THICK BITUMINOUS MACADAM INCLUDING TACK COAT, PROVIDING EDGE LINE WITH WHITE THERMOPLASTIC ROAD MARKING PAINT ON BOTH EDGES OF WEARING COURSE AND MAKING UP LOSS OF MATERIALS/IRREGULARITIES ON SHOULDER WITH APPROVED MATERIAL AND COMPACTION UPTO DESIRED DENSITY FOR RESURFACING WORKS ON ROAD LAM BADLUN BETWEEN KM 0.00 TO KM 7.740 ON ROAD LAM-PATRARI-THANDIKASSI BETWEEN KM 0.00 TO KM 15.975 ON ROAD KALSIAN-FDL 546 BETWEEN KM 0.00 TO KM 5.413 AND ON ROAD SAROL KERI-PIRBHADESHWAR BETWEEN KM 0.00 TO KM 3.75, KM 4.250 TO KM 5.500 AND KM 12.160 TO KM 30.340 (TOTAL 51.02 KMS EQVT CL-9) UNDER 58 RCC IN 31 BRTF AREA UNDER PROJECT SAMPARK

S/NO Contents Page No

(A) PART-I (UNPRICED/TECHNICAL BID) 1 Content Sheet. 01 01

2 Tender forwarding letter including eligibility criteria, list and format of qualification documents and instruction to tenderers.

02 15

3 Notice inviting Tender including Integrity Pact Agreement 16 29 4* General condition of contact based on IAFW–2249, 2010 print

covering amendment nos.01 to 16 and Appendices 1- 4 30 145

5 Special Conditions. 146 162 6 Particular/ technical specifications including list of drawing/

appendices and Undertaking 163 175

(B) PART-II (PRICED BID) 7 Item rate contract for works required I.A.F.W-1779-A including

Schedule ‘A’ notes, Schedule A and Tender Page. 176 188

(C) OTHER DOCUMENTS FORMING PART OF CONTRACT AGREEMENT

8 Errata/Amendments to tender documents. 9 Relevant correspondence.

10 Acceptance letter. 11 Total No. of Pages. 12 Total No. of Drawings.

Signature of the Contractor Dated: 2019 For Accepting Officer * Not attached, these documents can be seen in the Office of the Chief Engineer, Project Sampark, C/O 56 APO during working hours.

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REGISTERED/ POST Tele: 0191-2484882/2480445 HQ CE (P) Sampark FAX: 091-2480547 PIN-931712 E-mail: [email protected] C/O 56 APO Feb 2019 No. 80339/Re-Surf/VRS/ /E8

M/S……………………………..............

…………………………………...............

…………………………………............... NAME OF WORK: PROVIDING, LAYING AND COMPACTION OF 30 MM THICK BITUMINOUS CONCRETE INCLUDING TACK COAT INCLUDING CORRECTION WORK WITH 50 MM THICK BITUMINOUS MACADAM INCLUDING TACK COAT, PROVIDING EDGE LINE WITH WHITE THERMOPLASTIC ROAD MARKING PAINT ON BOTH EDGES OF WEARING COURSE AND MAKING UP LOSS OF MATERIALS/IRREGULARITIES ON SHOULDER WITH APPROVED MATERIAL AND COMPACTION UPTO DESIRED DENSITY FOR RESURFACING WORKS ON ROAD LAM BADLUN BETWEEN KM 0.00 TO KM 7.740 ON ROAD LAM-PATRARI-THANDIKASSI BETWEEN KM 0.00 TO KM 15.975 ON ROAD KALSIAN-FDL 546 BETWEEN KM 0.00 TO KM 5.413 AND ON ROAD SAROL KERI-PIRBHADESHWAR BETWEEN KM 0.00 TO KM 3.75, KM 4.250 TO KM 5.500 AND KM 12.160 TO KM 30.340 (TOTAL 51.02 KMS EQVT CL-9) UNDER 58 RCC IN 31 BRTF AREA UNDER PROJECT SAMPARK Dear Sir (s), 1. A set of tender documents containing T-Bid (Technical Bid) and Q-Bid (Priced Bid) for the above work is forwarded herewith. Please note that tender will be received through on line only by the Chief Engineer (P) Sampark, C/o 56 APO upto 12.30 PM on 27 Feb 2019. T-Bid will be opened as per date/time as mentioned in the tender critical date sheet. After online opening of T-Bid the results of their qualification as well as Q-Bid opening will be intimated later. 2. Tenderers or their duly authorized representative who have submitted their tenders and who wish to be present at the time of opening of tenders may visit the office of Chief Engineer (P) Sampark, C/O 56 APO at the above mentioned time. However they can view online tender opening process at their premises. 3. Tender documents may also be downloaded from BRO website www.bro.gov.in (for reference only) and Central Public Procurement Portal (CPPP) website http://eprocure.gov.in/eprocure/app. Cost of tender is not required to be attached/submitted with downloaded tender. 4. Tendering procedure shall be single stage two bid system and tender documents shall be prepared in two parts as under:- Part-I (‘Technical Bid’ – ‘T’ Bid) Part-II (‘Price/commercial-‘Q’ Bid) 5. Part-I (‘Technical Bid – ‘T’ Bid) Signature of contractor For Accepting Officer

CA NO CE (P) SPK/ /2018-19 Srl Page No.03 Tender No. CE (P) SPK/21/2018-19 5.1 Part-I (‘Technical Bid’ –‘T’ Bid) shall comprise of the following.

(i) Eligibility/qualification documents. (ii) Tender forwarding letters including eligibility criteria, list of qualification

documents and instruction to tenderers. (iii) Notice inviting Tender (iv) Integrity Pact and Agreement (v) Undertaking for General Conditions of contracts (IAFW-1815 z) forming part

of contract agreement (vi) Special Conditions of Contract (vii) Particular/Technical specification including Drawings, if any (viii) Any other tender documents except Price bid (ix) Earnest money by “un-enlisted contractors” and “enlisted contractors who have not submitted standing security deposit”

5.2 Technical evaluation criteria 5.2.1 If contractor is not enlisted with BRO or enlisted with BRO has not submitted standing security deposit, he should submitted earnest money. 5.2.2 All the pages of T-bid should have been duly signed by the bidder/authorized rep 5.2.4.ELIGIBILITY CRITERIA (A) Tenderers shall meet the following eligibility criteria. A. 1 Capabilities (this criteria is exempted for tenderer enlisted with BRO in eligible class & above for works with estimated cost up to Rs.15 crores as given in NIT)

(a)Working Capital: - The tenderer should have working capital and /or credit facilities more than 10% of the estimated cost of work as given in NIT. (b)Immovable Property: - The tenderer should possess immovable property of residual market value (i.e. free from loan /mortgage) more than 10% of the estimated cost of work as given in NIT. (c)Engineering Establishment for execution contract only: Firm should have employed following Engineers on regular establishment for execution contracts only (For supply of materials, hiring of eqpt/plants/veh and handling & conveyance contracts this condition does not apply):- Estimated cost of work Nos. of Engineers Up to Rs. 01 Crore One Engineer (Graduate or Diploma) Between Rs. 01 Crores to 03 crores

Two Engineers (Graduate with minimum 2 years experience and /or diploma with 4 year experience)

Between Rs. 03 Crores to 06 crores

Three Engineers (Graduate with minimum 2 years experience and /or diploma with 4 year experience)

Between Rs. 06 Crores to 12 crores

Four Engineers (Graduate with minimum 2 years experience and /or diploma with 4 year experience)

Between Rs. 12 Crores to 18 crores

Five Engineers (Graduate with minimum 3 years experience and /or diploma with 6 year experience)

Between Rs. 18 Crores to 25 crores

Six Engineers (Graduate with minimum 3 years experience and /or diploma with 6 year experience)

Signature of contractor For Accepting Officer

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Between Rs. 25 Crores to 50 crores

Seven Engineers (Graduate with minimum 3 years experience and /or diploma with 6 year experience)

Between Rs. 50 Crores to 100 crores

Eight Engineers (Graduate with minimum 3 years experience and /or diploma with 6 year experience)

A. 2 Experience (this criteria is exempted for tenderer enlisted with BRO in eligible class &above for works with estimated cost up to Rs.15 crores as given in NIT) :-

Tenderer should have successfully completed or substantially completed three similar work

costing not less than the amount equal to 40% of estimated cost of work or two similar works costing not less than the amount equal to 50% of estimated cost of work or one similar work costing not less than the amount equal to 80% of estimated cost of work in “last seven & current” financial years. Similar Work: BITUMINOUS WORK Note : FOR MSME: If the firm registered with MSME of State/ National level, They will eligible for their bid against experience of similar works for execution contract upto Rs 12 Crore and supply contract upto 3 crore. The following documents must be submitting along with the bid:- (i) Registration certificate at state/ National level. (ii) Certificate regarding capability of firm issued by concerned Dir of Industries. (iii) Certificate issued by Dir of Industries regarding assessment of financial capability calculated according to the rates of state PWD for the concerned works. No relaxation will be given to MSME tenderer except experience criteria for works covered under MSME enlistment and other criteria will remain the same.

The work may have been preferably executed for Govt Organizations. In case the work has

been executed as JV or Sub Contractor, then the appropriate Govt. authority for sub letting the work and performance of client should be made mandatory for consideration. A. 3. Available Bid Capacity (ABC) as per formula given here-in-after should be more than estimated cost of work given in NIT. (This criteria is exempted for tenderer enlisted with BRO in eligible class &above for works with estimated cost up to Rs.15 crores as given in NIT) A.4 Vehicles, Equipments and Plants (VEP) (this criteria is exempted for tenderer enlisted with BRO in eligible class & above for works with estimated cost up to Rs.15 crores as given in NIT):-

Tenderer should own or have assured access (through hire/lease/ purchase

agreement/other commercial means) to the requisite Equipment, Plants and Vehicles in good working condition as given here under:-(to be indicated by Accepting officer)*** :

(i) HMP (40 TPH cap) - 01 Ns, (ii) Stone Crusher 20/30 TPH- 01 No (iii) JCB/Loader - 02 Nos, (iv) Road Roller Static/Vib - 01 each (v) Paver finisher - 01 No, (vi) Dumper/Tipper - 10 Nos (vii) BPD/Tar Boiler - 01 No, (viii) Road Marking machine- 01 No *** For hiring contracts: Requisite number of equipments/ Plants/Vehicles required for hiring. For other work: essential major Equipments, Plants and Vehicles required for execution of work.

A. 5 Performance and other requirements: - Signature of contractor For Accepting Officer

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(a) There should not be poor /slow progress in running works due to defaults of the tenderer. (b) There should not be serious defects observed in works which stand unrectified by the tenderer. (c) There should not be any Cancelled/abandoned contracts in which Govt unrealized recoveries exist. (d) Tenderer should have not been blacklisted by any Govt. Dept. (e) There should not be any Govt dues outstanding against the Tenderer. (f) Tenderer should not be habitual i.e more than 3 unsuccessful arbitration/court cases during last 5 year in which his views/ claims substantially rejected.

Note for (A):- (i) Eligible class shall be class E for works with estimated cost up to Rs. 0.25 crore (as per NIT), class D for works with estimated cost between Rs. 0.25 crore to Rs. 0.50 crore (as per NIT), class C for works with estimated cost between Rs. 0.50 crore to Rs. 1.00 crore (as per NIT), class B for works with estimated cost between Rs, 1.00 crore to Rs.3.00 crore (as per NIT), class A for works with estimated cost between Rs.3.00 crore to Rs. 7.50 crore (as per NIT), class S for works with estimated cost between Rs.7.50 crore to Rs.15.00 crore (as per NIT) and class SS for works with estimated cost of No limit (as per NIT). If contract is to be accepted in parts, eligible class shall be as per estimated cost of part(s) in which tenderer has participated..

(ii) For hiring of veh/eqpt/plants and supply of materials, execution of main works for which hiring/supply is required, shall also be treated as similar works. If contract is to be accepted in parts, tenderer shall meet the eligibility criteria as per estimated cost of part(s) in which tenderer has participated. (iii) The work have been executed by the tenderer as prime contractor or as a member of joint venture or sub contractor. In case project has been executed by a joint venture, weightage towards experience of the project would be given to each member in proportion to their participation in the joint venture. (iv) Substantially completed works means those works which are 90% completed on the date of submission (i.e. gross value of work done up to the last date of submission is 90% or more of the original contract price) and continuing satisfactorily. (v) Completion cost of works shall be brought to common base date of receipt of tender as per following formula. Completion cost X (1 + (Period in days from date of completion to date of receipt of tender/365 days ) X 0.1)). (vi) Available Bid Capacity (ABC) will be calculated as under :- Available Bid Capacity =2.5 X A X N –B A – Maximum value of all civil Engg works in any one year during the last 5 financial years (updated to the current price level with enhancement factors as given below) Year Multiplying factor

Last first year 1.10 Last second year 1.20 Last third year 1.30

Signature of contractor For Accepting Officer

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Last fourth year 1.40 Last fifth year 1.50

N – Number of years prescribed for completion of work for which the current bid is invited. B – Value of the balance ongoing works to be executed in period N. (vii) The tenderers shall indicate actual figures of completion cost of work and value of a without any enhancement as stated above. (viii) To determine the altitude of work, average of maximum and minimum altitudes of the work site shall be considered. (ix) No extension of time shall be given on account of delays in arranging/deploying and break down of requisite Equipments, Plants and Vehicles and also due to delays in obtaining clearance for installation of crushers, hot mix plant etc if work is awarded to tenderer. (x) Immovable property shall be exclusively in the name of contractor/company and not in the name of family members/relatives/others. In case of Limited Companies, these should also be reflected in Balance Sheet. (xi) Relaxation may be given in any one criteria (except in criteria’s of Experience and performance & other requirements) up to 25% extent i.e. ABC may be permitted up to 75% of estimated cost of work/VEP may be permitted up to 75% of total nos. of requisite VEP/Working capital nay be permitted up to 75% of requirements/Immovable property may be permitted up to 75% of requirement/Engineering establishment may be permitted up to 75% of requirement. No relaxation shall be permitted in criteria’s of Experience and performance & other requirements. (xii) The tenderer may be afforded an opportunity to clarify or modify his qualification documents, if necessary, with respect to any rectifiable defect. The tenderer will respond in not more than 15 days of issue of the clarification letter, failing which his tender is liable to be rejected. (B) JOINT VENTURE (JV):- Joint ventures are permitted for Bridge works with estimated cost more than Rs. 20 crores and for other works with estimated cost more than Rs.50 crores. Number of partners in joint ventures shall not be more than two. Evaluation shall be done as under :- Criteria

Method of evaluation

Experience All partners of JV must satisfy collectively. Available bid capacity Immovable property

Each partners of JV should meet the criteria in proportion of shares of partners in JV. For example, if any partner has 40%share in JV, he should have available bid capacity more than 40% of estimated cost of work and minimum immovable property equal to 40% of 10% i.e.4% of estimated cost of work.

Vehicles, Equipments and Plants Working capital Engineering Establishment for execution contracts

All partners of JV must satisfy collectively.

Performance and other requirements All partners of JV must satisfy individually Signature of contractor For Accepting Officer

CA NO CE (P) SPK/ /2018-19 Srl Page No. 07 Tender No. CE(P) SPK/21/2018-19 Bid shall be signed so as to legally bind all partners of JV, jointly and severally, and shall be submitted with a copy of the joint venture agreement providing the ‘joint and several’ liability with respect to the contract. Relaxation as per note (A)(xi) as stated above shall not be permissible in case of JV. Qualification of a joint venture does not necessarily qualify any of its partners individually or as a partner in any other joint venture. In case of dissolution of a joint venture, each one of the constituent firms may qualify if they meet all the qualification requirements, subject to the written approval of the accepting officer. Payment shall be made either in the name of JV or in the name of lead partner only. (C) Disqualification:-

Even though the tenderer meet the above criteria, they are liable to be disqualified if they have made misleading or false information in bidding documents submitted. (D) Documents to be submitted by the tenderers to prove eligibility :- (i) List of works completed/substantially completed in the last seven and current financial years and ongoing works in the following format:-

(a) Name of work &CA No. (b) Brief scope of work (c) Name and address of employer/clients (d) Accepted contract amount (e) Date of commencement of work (f)Original date of completion (g) Extended date of completion (h) Actual date of completion/Present progress (j) Cost of completed work (k) Remarks explaining reasons of delay if any

Note:-Works proving eligibility criteria of experience shall be highlighted and performance certificate from client in respect of these work shall be submitted. (ii) Available Bid Capacity :-

FOR-A :- Balance Sheets /certificates from chartered Accountant indicating annual turnover of civil Engg works constructed in last 5 year. FOR-B :- Contractor shall submit details of ongoing works as per format stated here-in-before. Tenderer shall calculate ABC and submit details duly signed.

(iii) Equipments, Plants and Vehicles :-

(a) Tenderer shall indicate source of requisite Equipments, Plants and Vehicles in good working condition required for execution of work in

following format :-

(i) Item (ii) Year of manufacture (iii) Source from where to be arranged (owned/leased etc) (iv) Location presently deployed (v) Based on known commitments, whether will be available for use in the

proposed contract

(b) Copy of documentary support of ownership/assured access source to the satisfaction of the Accepting officer.

Signature of contractor For Accepting Officer

CA NO CE (P) SPK/ /2018-19 Srl Page No. 08 Tender No. CE(P) SPK/21/2018-19 (iv) Performance and other requirements :- Tenderer shall submit undertaking that

a) There is no poor/slow progress in running work. (If yes he will submit details and reasons of delay to check that these are not attributable to him or are beyond his control). b) There are no serious defect observed in works which stand unrectified (If yes he will submit details and reasons) c) There are no cancelled/abandoned contracts in which Govt unrealized recoveries exist (If yes he will submit details and reasons) d) He/They have not been blacklisted by any Govt Deptt(If yes he will submit details and reasons) e) There are no any Govt dues outstanding against the firm (If yes he will submit details and reasons) f) Proprietor/partners/directors of firm are not involved in antinational/social activities and have neither been convicted nor any proceeding are pending in court for such activities (If yes he submit details)

(v) Tenderer shall submit information of all arbitration/court cases decided during last five & current financial years and also presently in progress as per following format :-

(a) Name and address of employer (b) Cause of dispute (c) Amounts involved (d) Brief of court judgement/arbitration award (if published) otherwise present progress

(vi) Working capital :-

Copy of latest balance sheet/ income tax return for working capital and/or Banker’s

certificate for credit facilities. If necessary deptt will make inquiries with the tenderer’s Banker. (vii) Immovable property :-

Tenderer shall submit affidavit for immovable property incorporating following

certificates in affidavit along- with valuation report from Registered (with any Govt body) valuer and registration certificate with any Govt body of regdvaluer :-

(a) That the immovable property is free from mortages, hypothecation or any other disputes and encumbrances and clearly belongs to the contractor.

Or That the immovable is free from any disputes and encumbrances and clearly

belongs to the contractor. The immovable property has been mortgaged /hypothecated for Rs…………………….. market value of immovable property as per valuation report given by Registered valuer is Rs……………………. Therefore Residual market value of property i.e. Rs……….. (market value minus mortgaged value) is free from any mortgage/hypothecation. (b) That the said immovable property has not been shown for seeking enlistment

of a sister concern in BRO. Signature of contractor For Accepting Officer

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(c) That the said immovable property will not be sold, transferred, gifted or

Otherwise disposed off till satisfactory completion of the work.

(viii) Engineering Establishment for execution contract only :- Tenderer shall submit list of Engineers on his permanent establishment with

qualification & experience along with affidavits from requisite numbers of Engineers regarding employment with firm and copies of Degree/Diploma certificates and experience certificate.

(ix) Constitution of firm along with copy of partnership deed (in case of partnership firms) and memorandum of articles and association (in case of limited companies) (x) Copies of passport of proprietor /partners/directors (if available). If not submitted and Accepting officer has doubt in character and antecedents of proprietor/partners/directors he may get these verified from police authorities. (xi) Copies of PAN card of proprietor/partners/directors. (xii) Lowest bidder (if his offer is decided for acceptance) will be required to fill enlistment form for provisional enlistment. Notes for (D):- (i) Documents as listed at Sl (i) to (iii) & (vi) to (viii) above are exempted for tenderers enlisted with BRO in eligible class & above for works with estimated cost up to Rs. 15 crores as given in NIT. (ii) Documents as listed at Sl (ix) to (xii) above are exempted for tenderers enlisted with BRO in any class. (iii) Affidavits shall be submitted on Non- judicial stamp papers of appropriate values duly attested by the Magistrate/Notary Public. (iv) Photocopies of documents shall be attested by Gazetted officer/public notary and also self attested. 5.3 The bidder should meet all the technical evaluation criteria indicated in the bid documents in order that the bid is considered to be technically responsive and the bidder qualifying to have its commercial Bid opened. 6. Part-II (Priced/commercial’- ‘Q’ Bid) 6.1 Part-II/(Price/commercial Bid’ –‘Q’ Bid) shall comprise of the following :- (i) Schedule –‘A’ Notes. (ii) Schedule ‘A’ (to be quoted by Bidder) (iii) Schedule ‘B’.

(iv) Tender Page 6.2 Q bid evaluation Commercial bids will be reviewed to ensure that the figures indicated therein are consistent will the details of the corresponding technical bids- Arithmetical corrections shall be made as per General Condition of Contracts of IAFW -1815 z. Signature of contractor For Accepting Officer

CA NO CE (P) SPK/ /2018-19 Srl Page No. 10 Tender No. CE(P) SPK/21/2018-19 Commercial Bids of “Technically Responsive‟ Bidders shall be evaluated on the following:-

(i) Commercial Bids shall only be furnished in Schedule “A‟ forming part of the Tender documents. (ii) All payment Terms as forming part of Clause of General Condition of Contract have been accepted. (iii) Completion Period as indicated in Schedule “A‟ have been accepted. (iv) All General Conditions of Contract have been accepted. (v) All Special Conditions of Contract have been accepted.

6.3 Determination of L :L1 shall be arrived at by taking into account the rates quoted in Sch ‟A‟ which shall be inclusive of all taxes and duties leviable. 6.4 “Conditional bids‟ shall be treated as being “Non Responsive‟ – NO “Conditional‟ bids shall be accepted. 6.5 Negotiations, if any, shall be carried out ONLY with the Lowest evaluated responsive bidder in accordance with CVC guidelines on the subject. 7. BLANK 8.(a) Bids shall be submitted online only at CPPP website:https://eprocure.gov.in/eprocure/app. Manual bids shall not be accepted. Tenderer/Contractor are advised to follow the instructions provided in the ‘Instructions to the Contractors/Tenderer for the e-submission of the bids online through the Central Public Procurement Portal for e-Procurement at https://eprocure.gov.in/eprocure/app’. 8.(b) The hard copy of original instruments in respect of cost of tender document, earnest money, original copy of Integrity Pact duly signed on each page, original copy of affidavit and credit facility certificate must be delivered to the Chief engineer Project Sampark, C/o 56 APO, PIN 931712 on or before bid opening date/time as mentioned in critical date sheet in compact sealed form. 9. Tender shall be opened as per date/time as mentioned in the tender critical date sheet indicated in Para I herein before in the presence of tenderers or their authorized representative whoever wish to be present. Part-I only shall be opened first on this day. Part-II (Price bid) shall not be opened Part-I (Un priced bid) will be opened and evaluated as per BRO technical evaluation criteria given in the tender documents. Qualified tenderer will accordingly be informed along with date & time of opening of their price bid(however date of opening of priced bid shall not be earlier than 7 days from date of opening of of Part-I). Unqualified tenderer will also be informed through e-mail. Part-II shall be opened on the appointed date/time in the presence of such tenderer who choose to be present and the amounts quoted by the tenderers shall be read out by the opening officer(s) to the tenderers. However they can view online tender opening process at their premises. 10. The Chief Engineer Project Sampark will be Accepting Officer here-in-after referred to as such for the purpose of this contract. 11. Tenderers are requested to quote rates in figure only in the provided column in Item Rate BOQ given in Excel sheet. Signature of contractor For Accepting Officer

CA NO CE (P) SPK/ /2018-19 Srl Page No. 11 Tender No. CE(P) SPK/21/2018-19 12. If tenderers desire that any condition or stipulation given in the tender documents is to be modified or deleted, they submit their comments/suggestion well before last date of submission of tender for consideration by the Deptt for issue of corrigendum/amendments to tender documents. If deptt considers comments/suggestion suitable, corrigendum/amendments to tender documents shall be issued and also uploaded on BRO website. If deptt does not consider comments/suggestion suitable, corrigendum/amendments to tender documents shall not be issued/uploaded on BRO website/Central Public Procurement Portal (CPPP) website https://eprocure.gov.in/eprocure/app. and tenderers shall quote strictly complying with the various provisions given in the tender documents. Any tender which stipulates any alterations to any of the conditions/provisions laid down in tender documents (including corrigendum/amendments) or which proposes any other conditions of any description whatsoever is liable to be rejected. 13. The tenderers are advised to visit the work site to acquaint themselves of working and site conditions, before submitting their tender. The submission of tender by a person implies that he has read this tender forwarding letter, the conditions of contract and has made himself aware of the scope and specifications of the work to be done and of the conditions and other factors, site conditions, taxes & levies prevailing etc which may affect the quotation and execution of the work. 14. Tenderer must be very careful to deliver a bonafide tender, failing which the tenders are liable to be rejected. Tenderers are therefore, advised to ensure that their tender must satisfy each and every condition laid down in the tender documents. 15. Tenderers must ensure that their tender is unambiguous and is completed in all respects. Their particular attention is drawn to the following requirements, which must be complied with :-

a) Tender documents are to signed, dated and witnessed as provided for the purpose.

b) In case they are submitting a BLANK TENDER word “BLANK” must be prominently endorsed on the envelope and in Sch ‘A’ inside the tender documents and general summary signed by the tender.

c) If a tender is submitted on behalf of a firm, it may be signed either by all

partners or a person holding a valid power of attorney from all the partners constituting the firm. The person signing the tender on behalf of another or on behalf of a firm shall attach with tender a proper power of attorney duly executed in his favour by such other person or by all the partners stating specifically that he has authority to bind such other persons(s) or the firm as the case may be in all matters pertaining to the contract including the arbitration clause. The power of attorney shall be executed as indicated below :-

(d) In case of proprietorship concern if tender is signed by other than proprietor,

person signing tender documents should hold power of attorney from proprietor. Signature of contractor For Accepting Officer

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(ii) In case of partnership concern, power of attorney shall be executed by all partners.

(iii) In case of company, power of attorney shall be executed in accordance with the constitution of company.

(e) The under taking is to be signed and attached by tenderer as per format given at appendix “C”.

16. Tenderer who has downloaded the tender from the BRO website www.bro.gov.in and Central Public Procurement Portal (CPPP) website https://eprocure.gov.in/eprocure/app,https://eprocure.gov.in/epublish/app shall not temper/modify the tender form in any manner. In case if the same is found to be tempered/modified in any manner, tender will be completely rejected and tenderer is liable to be banned from doing business with BRO.

17. Your attention is drawn to the Indian Official Secret Act-1923 (XIX of 1923) as amended up to date particularly Section 5 thereof.

18. Earnest Money

a) Earnest money is not required to be attached with tender by the enlisted contractor with BRO (term “enlisted contractor” used in tender document means “enlisted contractor with BRO”) who have submitted standing security but same is required from un enlisted contractor/enlisted contractors with BRO, who have not submitted standing security deposit. Original Manufacturers of Batteries are exempted for deposition of Earnest money provided they enclose proof of their registration with DGS&D of GOI & exemption given to the original manufacturers in depositions of earnest money, if any.

b) Un-enlisted contractors with BRO/enlisted contractors with BRO, who have not submitted standing security deposit will submit the tender accompanied with earnest money amounting to Rs. 5,90,781.00 (Rupees Five Lakh Ninety Thousand Seven Hundred Eighty One Only) in the form of Deposit at Call Receipt/Term Deposit Receipt/Special Term Deposit Receipt issued in favour of Chief Engineer (P) Sampark, C/O 56 APO by scheduled Bank. Tenders not accompanied with earnest money shall not consider for acceptance. The amount of this receipt should be basic amount and not their maturity value. Any deposit lying with the department in any form against any tender and/or contract shall not be considered for adjustment as the earnest money against this tender. Any tender not accompanied with the earnest money in the form as indicated here-in-before or accompanied with any letter / communication containing any request for adjustment of any other deposit as earnest money shall be treated as non bonafide tender.

c) Earnest money shall be returned to unsuccessful bidders (other than L-1) after opening of price bids and to successful (L-1) bidder after receipt of security deposit.

19. Security deposit

a) In case of a enlisted contractor, who has submitted the standing Security Deposit, but the tendered cost of the work exceeds the upper tendering limit of the contractor and the Accepting Officer decides to accept this tender, the contractor has to lodge additional Security Deposit (difference of security deposit of work and standing security deposit) as notified by the Accepting Officer in the prescribed form within 30 days of the receipt by him of notification of acceptance of the tender, failing which this sum shall be recovered from the first RAR payment and if the date of first RAR is prior to the period mentioned above, the same shall be recovered from such payment.

Signature of contractor For Accepting Officer

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b) In case of un-enlisted contractor who has not deposited the standing deposit, and the Accepting Officer decides to accept his tender, then contractor has to lodge security deposit as notified by the Accepting officer in the prescribed form within 30 days of the receipt by him of notification of acceptance of the tender, failing which this sum shall be recovered from the first RAR payment, and if the date of first RAR is prior to the period mentioned above, the same shall be recovered from such payment but in no case the same shall be more than Rs 1875000.00 (Rupees eighteen lakh seventy five thousand only).

c) The contractor may at his discretion furnish in lieu of Additional Security Deposit or Security Deposit a Bank Guarantee Bond executed by any nationalized/Schedule Bank for the said amount. The form of Bank Guarantee Bond may be seen in any office of BRO.

20. The Accepting Officer reserves the right to accept the tender submitted by a Public Sector Undertaking, giving a price/purchase preference over other tender(s), which may be lower, as are admissible under the Govt Policy No claim for any compensation or otherwise shall be admissible from those, whose tenders may be rejected on account of the said Policy. 21. The tender shall remain open for acceptance for a period of One Hundred Twenty days (120 days) from the last date of receipt of bid. 22. On acceptance of tender, the name of authorized representative (s) of the contractor who would be responsible for taking instructions from Engineer-in-charge or its authorized representative shall be intimated by the contractor within 7 days of Accepting letters. 23. Revision/Modification of quoted price

(a) The tenderer shall quote his rates in figures only in the provided column in Item Rate BOQ given in Excel sheet only. In case the tenderer has to revise/ modify the rates quoted in the Item Rate BOQ before tender submission end date as mentioned in critical data sheet, resubmission bid shall be allowed.

(b) In case the tenderer has to revise /modify /withdraw his quoted rates / offer after it is submitted, he may do so on his on line before the latest date & time fixed for submission of tenders. Any revision/ modification in offer / withdrawal of offer in the form of an open letter shall not be taken into account, while considering in his originally quoted offer.

(c) The tenderers shall not be permitted /modify /withdraw price bid unopened after closure of the time fixed for receipt of tender.

24. Revocation of offer :- In the event of lowest tenderer revokes his offer or revise his rates upward (which will be treated as revocation of offer), after opening of tenders and before expiry of original validity period stipulated in tender documents, the earnest money deposited by him shall be forfeited. In case of BRO enlisted contractors, the amount equal to the earnest money stipulated in the Notice of tender, shall be notified to the tenderer for depositing the amount through MRO, failing which the amount shall be recovered from any payment……….. Signature of contractor For Accepting Officer

CA NO CE (P) SPK/ /2018-19 Srl Page No. 14 Tender No. CE(P) SPK/21/2018-19 ……….due to such Contractor or shall be adjusted from the Standing Security Deposit. In addition, L-1 tenderer revoking offer and his related firms shall not be issued the tender in second or subsequent calls of subject work.

Yours faithfully SW

Signature of contractor For Accepting Officer Dated………

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TENDER/CONDITION ACCEPTANCE LETTER

(To be given on company Letter Head)

Date: To,

The Chief Engineer HQ CE (P) Sampark C/o 56 APO

Sub: Acceptance of Terms & Conditions of Tender. Tender Reference No: CE (P) SPK/21/2018-19

NAME OF WORK: PROVIDING, LAYING AND COMPACTION OF 30 MM THICK BITUMINOUS CONCRETE INCLUDING TACK COAT INCLUDING CORRECTION WORK WITH 50 MM THICK BITUMINOUS MACADAM INCLUDING TACK COAT, PROVIDING EDGE LINE WITH WHITE THERMOPLASTIC ROAD MARKING PAINT ON BOTH EDGES OF WEARING COURSE AND MAKING UP LOSS OF MATERIALS/IRREGULARITIES ON SHOULDER WITH APPROVED MATERIAL AND COMPACTION UPTO DESIRED DENSITY FOR RESURFACING WORKS ON ROAD LAM BADLUN BETWEEN KM 0.00 TO KM 7.740 ON ROAD LAM-PATRARI-THANDIKASSI BETWEEN KM 0.00 TO KM 15.975 ON ROAD KALSIAN-FDL 546 BETWEEN KM 0.00 TO KM 5.413 AND ON ROAD SAROL KERI-PIRBHADESHWAR BETWEEN KM 0.00 TO KM 3.75, KM 4.250 TO KM 5.500 AND KM 12.160 TO KM 30.340 (TOTAL 51.02 KMS EQVT CL-9) UNDER 58 RCC IN 31 BRTF AREA UNDER PROJECT SAMPARK Dear Sir, 1. I / We have downloaded / obtained the tender document(s) for the above mentioned ‘Tender/Work’ from the website(s) namely: __________________________________________________________________________________________________________________________________________ As per your advertisement, given in the above mentioned website(s). 2. I / We hereby certify that I / We have read entire terms and conditions of the tender documents from page No_____ to _____(including all documents like annexure(s), schedule(s), etc.), which form part of the contract agreement and I / We shall abide hereby the terms / conditions/ clauses contained therein. 3. The corrigendum(s) issued from time to time by your department/ organization too has also been taken into consideration, while submitting this acceptance letter. 4. I / We hereby unconditionally accept the tender conditions of above mentioned tender document(s) / corrigendum(s) in its totality/entirety. 5. In case any provision of this tender are found violated, your department / organization shall be at liberty to reject this tender/bid including the forfeiture of the full said earnest money deposit absolutely and we shall not have any claim/right against dept in satisfaction of this condition.

Yours Faithfully, (Signature of the Bidder, with official seal)

CA NO CE (P) SPK/ /2018-19 Srl Page No.16 Tender No. CE(P) SPK/21/2018-19

NOTICE INVITING TENDER (NATIONAL COMPETITIVE BIDDING) BORDER ROADS ORGANISATION

CHIEF ENGINEER PROJECT SAMPARK

1. Online bids are invited on single stage two bid system for “PROVIDING, LAYING, SPREADING AND COMPACTION OF 30 MM THICK BITUMINOUS CONCRETE INCLUDING TACK COAT INCLUDING CORRECTION WORK WITH 50 MM THICK BITUMINOUS MACADAM INCLUDING TACK COAT, PROVIDING EDGE LINE WITH WHITE THERMOPLASTIC ROAD MARKING PAINT ON BOTH EDGES OF WEARING COURSE AND MAKING UP LOSS OF MATERIALS/IRREGULARITIES ON SHOULDER WITH APPROVED MATERIAL AND COMPACTION UPTO DESIRED DENSITY FOR RESURFACING WORKS ON ROAD LAM BADLUN BETWEEN KM 0.00 TO KM 7.740 ON ROAD LAM-PATRARI-THANDIKASSI BETWEEN KM 0.00 TO KM 15.975 ON ROAD KALSIAN-FDL 546 BETWEEN KM 0.00 TO KM 5.413 AND ON ROAD SAROL KERI-PIRBHADESHWAR BETWEEN KM 0.00 TO KM 3.75, KM 4.250 TO KM 5.500 AND KM 12.160 TO KM 30.340 (TOTAL 51.02 KMS EQVT CL-9) UNDER 58 RCC IN 31 BRTF AREA UNDER PROJECT SAMPARK The title of above heading on CPPP site https://eprocure.gov.in/eprocure/app is “PROVIDING, LAYING AND COMPACTION OF 30 MM THICK BITUMINOUS CONCRETE INCLUDING TACK COAT INCLUDING CORRECTION WORK WITH 50 MM THICK BITUMINOUS MACADAM INCLUDING TACK COAT, PROVIDING EDGE LINE WITH WHITE THERMOPLASTIC ROAD MARKING PAINT ON BOTH EDGES OF WEARING COURSE AND MAKING UP LOSS OF MATERIALS/IRREGULARITIES ON SHOULDER WITH APPROVED MATERIAL AND COMPACTION UPTO DESIRED DENSITY FOR RESURFACING WORKS ON ROAD LAM BADLUN BETWEEN KM 0.00 TO KM 7.740 ON ROAD LAM-PATRARI-THANDIKASSI BETWEEN KM 0.00 TO KM 15.975 ON ROAD KALSIAN-FDL 546 BETWEEN KM 0.00 TO KM 5.413 AND ON ROAD SAROL KERI-PIRBHADESHWAR BETWEEN KM 0.00 TO KM 3.75, KM 4.250 TO KM 5.500 AND KM 12.160 TO KM 30.340 (TOTAL 51.02 KMS EQVT CL-9) UNDER 58 RCC IN 31 BRTF AREA UNDER PROJECT SAMPARK”

2. Tender documents may be downloaded from BRO website www.bro.gov.in (for reference only) and CPPP site https://eprocure.gov.in/eprocure/app as per the schedule as given in CRITICAL DATE SHEET as under.

CRITICAL DATE SHEET

Publish date 07 Feb 2019 (02.00 PM) Onwards Bid document download/Sale start date 08 Feb 2019 (10.00 AM) Clarification start date 08 Feb 2019 (11.00 AM) Clarification end date 09 Feb 2019 (02.00 PM) Pre bid meeting 11 Feb 2019 (11.00 AM) Bid submission start date 12 Feb 2019 (10.00 AM) Bid submission end date 27 Feb 2019 (12.30 PM) Bid opening date 28 Feb 2019 (12.30 PM) Onwards

Signature of Contractor For Accepting Officer

CA NO CE (P) SPK/ /2018-19 Srl Page No.17 Tender No. CE (P) SPK/21/2018-19 3. Bids shall be submitted online only at CPPP website: https://eprocure.gov.in/eprocure/app. Manual bids shall not be accepted. Tender/Contractor are advised to follow the instruction provided in the “Instruction to the contractors/Tenderer for the e-submission of the bids online through the Central Public Procurement Portal at https://eprocure.gov.in/eprocure/app”. 4. The work is estimated to cost Rs. 531.55 lakh (Rupees Five Hundred Thirty One Lakh Fifty Five Thousand only) approximately or as subsequently amended in tender documents or uploaded in BRO web site www.bro.gov.in and CPPP website https://eprocure.gov.in/eprocure/app. This estimate, however is not a guarantee and is merely given as a rough guide only and if the work cost more or less, tenderer shall have no claim on that account of what so ever nature. 5. The tender shall be based on drawing, specifications, General Conditions of contracts IAFW-2249 and item rate Contract form based on IAFW-1779 A/lump sum contract based on IAFW-2159 with schedule ‘A’ (list of works) to be priced by tenderers. 6. Not more than one tender shall be submitted by one contractor or contractors having business relationship. Under no circumstances will a father or his Son(s) or other close relations who have business relationship with one another (i.e. when one or more partner(s)/director(s) are common) be allowed to tender for the same contract as separate competitors. A breach of this condition will render the tenders of both parties liable to rejection.

7. The work is to be completed within 180 days or as subsequently amended in tender documents or uploaded in BRO web site www.bro.gov.in and CPPP website https://eprocure.gov.in/eprocure/app in accordance with the phasing, if any, indicated in the tender from the date of handing over the site, which will be generally within one month from the date of issue of acceptance letter. 8. The Chief Engineer Project Sampark, C/O 56 APO will be accepting Officer here in after referred to as such for the purpose of this contract. 9. Intending tenderers are advised to visit BRO website www.bro.gov.in and CPPP website https://eprocure.gov.in/eprocure/app three days prior to last date of submission of tender for any corrigendum/addendum/amendment. 10. Earnest money is not required to be attached with tender by the enlisted contractor with BRO who have submitted standing security deposite but it is required from other contractors to be attached with tender documents for Rs. 5,90,781/- (Rupees Five Lakh Ninety Thousand Seven Hundred Eighty One Only) in the shape of call deposit receipt in favour of Chief Engineer Project Sampark C/O 56 APO obtained from any Nationalized/schedule bank and having maturity/validity period 30 days more than validity period of his offer. Un-enlisted contractor may note that they will be required to lodge security deposit of the work in the prescribed form on receipt in writing from the Accepting officer if their offer is accepted. 11. Copies of drawings and other documents pertaining to the work (signed for the purpose of identification by the Accepting Officer or his accredited representative) and sample of materials and stores to be supplied by the contractor will be opened for inspection at the following locations :- Chief Engineer (P) Sampark C/O 56 APO Signature of Contractor For Accepting Officer

CA NO CE (P) SPK/ /2018-19 Srl Page No.18 Tender No. CE (P) SPK/21/ 2018-19

12. The tenderers are advised to visit the work site by making prior appointment with Director (Contract), HQ CE (P) Sampark /Commander 31 Task Force / OC 58 RCC C/O 56 APO. 13. A tenderers shall be deemed to have full knowledge of all relevant documents, samples, site etc whether he has inspected them or not. 14. Any qualification documents/tender which stipulates any alteration to any of the conditions laid down or which proposes any other conditions of any description whatsoever, is liable to be rejected.

15. Accepting Officer reserves his right to accept a tender submitted by a Public Undertaking giving a Price preference over other tender (s) which may be lower, as are admissible under the Government Policy. No claim for any compensation or otherwise shall be admissible from such tenderer(s) whose tenders may be rejected on account of the said Policy.

16. The submission of the tender by a tenderer implies that he had read this notice and conditions of contract and has made himself fully aware of the scope and specifications of the work to be done and of the conditions and rates at which stores, tools and plants etc will be issued to him and local conditions and other factors bearing on the execution of the work.

17. Tender documents may also be downloaded from BRO website www.bro.gov.in (for reference only) and Central Public Procurement Portal (CPPP) website http://eprocure.gov.in/eprocure/app.

18. The hard copy of original instruments in respect of Earnest Money Deposit, original copy of affidavits and credit facility certificate must be delivered to the Chief Engineer Project Sampark, C/O 56 APO on or before bid opening date/ time as mentioned in critical date sheet. Tenderer shall likely to be liable for legal action for non- submission of original payment instrument like Demand Draft etc, against the submitted bid.

19. The Accepting Officer does not bind himself to accept the lowest or any tender or to give any reasons for not doing so. 20. For any further particulars, you may refer BRO web site http://www.bro.gov.in and CPPP website https://eprocure.gov.in/eprocure/app.

21. In the event of lowest tenderer revoking his offer or revising his rates upward (which will be treated as revocation of offer), after opening of tenders, the Earnest Money deposited by him shall be forfeited. In case of BRO enlisted contractors, the amount equal to the Earnest Money stipulated in the Notice of tender, shall be notified to the tenderer for depositing the amount through MRO, failing which the amount shall be recovered from payment due to such contractor or shall be adjusted from the Standing Security Deposit. In addition, such tenderer and his related firm shall not be issued the tender in second call or subsequent calls.

22. Important- Above particulars may change due to Adm or any other reasons and shall be available on BRO web site www.bro.gov.in and CPPP website https://eprocure.gov.in/eprocure/app Therefore, bidders/contractors are requested to visit BRO website www.bro.gov.in and CPPP website https://eprocure.gov.in/eprocure/app frequently and at least once again 3 days prior to be bid submission date as per critical date sheet, for any changes in above particulars. Signature of Contractor For Accepting Officer

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23. The BRO has appointed Independent Monitors for Integrity Pact in BRO contracts in consultation with Central Vigilance Commission. Name and Address of the Monitors as amended from time to time, can be referred to on the MOD website at ww.mod.nic.in. Following are the independent monitors for this work :-

S No Name of IM Email ID (a) Shri Hem Kumar Pande, IAS (Retd) [email protected] 9810132693

(b) Shri Anjan Kumar Banarjee, IA&AS (Retd)

[email protected] 8853381627

24. Scanned copy of IP (Integrity Pact enclosed with NIT) duly signed on each page by the bidder (s) shall be uploaded as part of technical bid (Cover-1) and original IP duly signed on each page shall be forwarded by post along with bid of all the bidder (s). Who do not upload signed copy of IP along with technical bid, tender shall be rejected.

25. This notice of tender shall form part of the contract.

S/d-xxx.. (Signature of Contractor) SW

For Chief Engineer 06 Feb 2019

80339/Re-Surf/VRS/ 04 /E8

Headquarters Chief Engineer Project Sampark C/o 56 APO DISTRIBUTION FOR INFORMATION AND WIDE PUBLICITY 1.

HQ CE (P)......................... C/O 56 APO, 99 APO .......BRTF (GREF), C/O 56 APO

For info please along with a copy of NIT

2. All India Tenders Information Bureau, Post Box No. 25 (Post Office) Shastri Nagar ,Jaipur (Rajasthan)

For wide publicity at their end please.

3. Executive Engineer CPWD, Jammu -do- 4. Executive Engineer PWD, (R&B) Construction

Division Lok Nirman Bhawan, Rail Head Complex, Jammu.

-do-

5. Garrison Engineer MES, Kaluchak (Jammu) -do- 6. Supdt. Engineer Construction Division Railway,

Jammu -do-

7. Municipality, Jammu -do- 8. Cantonment Board, Jammu -do- 9. MES Builders association of India,

807, Sahyog, 58 Nehru Place, New Delhi -do-

10. Head Office, Builder Association of India, G-1/G-20 Commerce Centre, 7th floor, Dodajee road,Tardeo,Mumbai-400034

11. Internal / EDP Cell : Please paste the NIT on BRO Web site by mentioning last date of bid submission as 27 Feb 2019.

Signature of Contractor For Accepting Officer

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To be signed by the bidder and same signatory competent/authorized to sign the relevant

Contract on behalf of BRO

INTEGRITY AGREEMENT

This Integrity Agreement is made at …………. on this ……….. day of…….. 20……

BETWEEN

President of India represented through Chief Engineer Project Sampark, Border Roads Organisation, Ministry of Defence, PIN : 931712, C/O 56 APO. ‘Principal/Owner’, which expression shall unless repugnant to the meaning or context hereof include its successors and permitted assigns)

AND ………….. ……………………………….. …………………………… (Name and Address of the Bidder/Contractor) (Hereinafter referred as the through (Details of duty authorized signatory)

“Bidder/Contractor” and which expression shall unless repugnant to the meaning or context hereof include its successors and permitted assigns)

Preamble

WHEREAS the Principal/Owner has floated the Tender (NIT NO.CE (P) SPK/21/2018-19) (hereinafter referred to as “Tender/Bid”) and intends to award, under laid down organization procedure, contract for ……………………………………………………………………………..………………………….

PROVIDING, LAYING AND COMPACTION OF 30 MM THICK BITUMINOUS CONCRETE INCLUDING TACK COAT INCLUDING CORRECTION WORK WITH 50 MM THICK BITUMINOUS MACADAM INCLUDING TACK COAT, PROVIDING EDGE LINE WITH WHITE THERMOPLASTIC ROAD MARKING PAINT ON BOTH EDGES OF WEARING COURSE AND MAKING UP LOSS OF MATERIALS/IRREGULARITIES ON SHOULDER WITH APPROVED MATERIAL AND COMPACTION UPTO DESIRED DENSITY FOR RESURFACING WORKS ON ROAD LAM BADLUN BETWEEN KM 0.00 TO KM 7.740 ON ROAD LAM-PATRARI-THANDIKASSI BETWEEN KM 0.00 TO KM 15.975 ON ROAD KALSIAN-FDL 546 BETWEEN KM 0.00 TO KM 5.413 AND ON ROAD SAROL KERI-PIRBHADESHWAR BETWEEN KM 0.00 TO KM 3.75, KM 4.250 TO KM 5.500 AND KM 12.160 TO KM 30.340 (TOTAL 51.02 KMS EQVT CL-9) UNDER 58 RCC IN 31 BRTF AREA UNDER PROJECT SAMPARK Hereinafter referred to as the “Contract”. AND WHEREAS the Principal)/Owner values full compliance with all relevant laws of the land, rules, regulations. Economic use of resources and of fairness/transparency in its relation with its Bidder(s) and Contractor(s). Signature of contractor For Accepting Officer

CA NO CE (P) SPK/ /2018-19 Srl Page No.21 Tender No. CE (P) SPK/21/ 2018-19 AND WHEREAS to meet the purpose aforesaid both the parties have agreed to enter into its Integrity Agreement (hereinafter referred to as “Integrity Pact or “Pact”), the terms and conditions of which shall also be read as Integral part and parcel of the Tender/Bid documents and Contract between the parties.

NOW, THEREFORE, in consideration of mutual covenants contained in this Pact, the parties hereby agree as follows and this Pact witnesses as under :- 1. Commitment of the Principal/Owner

(a) The Principal/Owner commits itself to take all measures necessary to prevent corruption and to observe the following principles:

(i) No employee of the Principal/owner, personally or through any of his/her family members, will in connection with the Tender, or the execution of the Contract, demand, take a promise for or accept, for self or third person any material or immaterial benefit which the person is not legally entitled to.

(ii) The Principal/Owner will, during the Tender process, treat all Bidder(s) with equity and reason. The Principal /Owner will, in particular, before and during the Tender process, provide to all Bidder(s)/ the same information and will not provide to any Bidder(s) confidential/additional information through which the Bidder(s) could obtain an advantages in relation to the Tender process or the Contract execution. (iii) The Principal/Owner shall endeavor to exclude from the Tender process any person, whose conduct in the past has been of biased nature.

(b) If the Principal/Owner obtains information on the conduct of any of its employees which is a criminal offence under the Indian Penal code (IPC)/Prevention of Corruption Act, 1988 (PC Act) or is in violation of the principles herein mentioned or if there be a substantive suspicion in this regard, the Principal/owner will inform the Chief Vigilance Officer and in addition can also initiate disciplinary actions as per its internal laid down policies and procedures.

2. Commitment of Bidder(s)/Contractor(s)

(a) It is required that each Bidder/Contractor (including their respective officers, employees and agents) adhere to the highest ethical standards, and report to the Government/Department all suspected acts of fraud or corruption or Coercion or Collusion of which it has knowledge or becomes aware, during the tendering process and throughout the negotiation or award of a contract. (b) The Bidder(s)/Contractor(s) commits himself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the Tender process and during the Contract execution:

(i) The Bidder(s)/Contract(s) will not, directly or through any other person of firm, offer, promise or give to any of the Principal/Owner’s employees involved in the Tender process or execution of the Contract or to any third person any material or other benefit which he/she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the Tender process or during the execution of the Contract.

Signature of contractor For Accepting Officer

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(ii) The Bidder(s)/Contractor(s) will not enter with other Bidder(s) into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to cartelize in the bidding process. (iii) The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act. Further the Bidder(s)/Contract(s) will not use improperly, (for the purpose of competition or personal gain), or pass on to others, any information or documents provided by the Principal/Owner as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.

(iv) The Bidder(s)/Contractor(s) of foreign origin shall disclose the names and addresses of agents/representatives in India, if any. Similarly Bidder(s)/Contractor(s) of Indian Nationality shall disclose names and addresses of foreign agents/representatives, if any. Either the Indian agent on behalf of the foreign principal or the foreign principal directly could bid in a tender but not both. Further, in cases where an agent participate in a tender on behalf of one manufacturer, he shall not be allowed to quote on behalf of another manufacturer along with the first manufacturer in a subsequent/parallel tender for the same item. (v) The Bidder(s)/Contractor(s) will, when presenting his bid, disclose any and all payments he has made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the Contract.

(c) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined above or be an accessory to such offences. (d) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm indulge in fraudulent practice means a willful misrepresentation or omission of facts or submission of fake/forged documents in order to induce public official to act in reliance thereof, with the purpose of obtaining unjust advantage by or causing damage to justified interest of others and/or influence the procurement process to the detriment of the Government interests. (e) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm use Coercive Practices (means the act of obtaining something, compelling an action or influencing a decision through intimidation, threat or the use of force directly or indirectly, where potential or actual injury may befall upon a person, his/her reputation or property to influence their participation in the tendering process).

3. Consequences of Breach

Without prejudice to any rights that may be available to the Principal/owner under law or the Contractor its established policies and laid down procedures, the Principal/Owner shall have the following rights in case of breach of this Integrity Pact by the Bidder(s)/Contractor(s) and the Bidder/Contractor accepts and undertakes to respect and uphold the Principal/Owner’s absolute right:

(a) If the Bidder(s)/Contractor(s), either before award or during execution of Contract has committed a transgression through a violation of Para 2 above or in any other form, such as to put his reliability or credibility in question, the Principal/Owner after giving 14 days notice to the contractor shall have powers to disqualify the Bidder(s)/Contractor(s) from the Tender process or terminate/determine the Contract, if already executed or exclude the Bidder/Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Principal/Owner. Such exclusion may be forever or for a limited period as decided by the Principal/owner.

Signature of contractor For Accepting Officer

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(b) Forfeiture of EMD/Performance Guarantee/Security Deposit. If the Principal/Owner has disqualified the Bidder(s) from the Tender process prior to the award of the Contract or terminated/determined the Contract or has accrued the right to terminate/determine the Contract according to Para 3(a), the Principal/owner apart from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the entire amount of Earnest Money Deposit/Performance Guarantee/Security Deposit of the Bidder/Contractor.

(c) Criminal Liability: if the Principal/Owner obtains knowledge of conduct of a Bidder or Contractor, or of an employee or a representative or an associate of a Bidder or Contractor which constitutes corruption within the meaning of IPC Act, or if the Principal/Owner has substantive suspicion in this regard, the Principal/owner will inform the same to law enforcing agencies for further investigation.

4. Previous Transgression

(a) The Bidder declares that no previous transgressions occurred in the last 5 years with any other Company in any country confirming to the anticorruption approach or with Central Government or State Government or any other Central/State Public Sector Enterprises in India that could justify his exclusion from the Tender process. (b) If the Bidder makes incorrect statement on this subject, he can be disqualified from the Tender process or action can be taken for banning of business dealings/holiday listing of the Bidder/Contractor as deemed fit by the Principal/Owner. (c) If the Bidder/Contractor can prove that he has resorted/recouped the damage caused by him and has installed a suitable corruption prevention system, (he Principal/Owner may, at its own desecration, revoke the exclusion prematurely.

5. Equal Treatment of all Bidders/Contracts/Subcontractors

(a) The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors a commitment in conformity with this integrity Pact. The Bidder/Contractor shall be responsible for any violation(s) of the principles laid down in this agreement/P act by any of its Subcontractors/sub-vendors. (b) The Principal/owner will enter into pacts on identical terms as this one with all Bidders and Contractors. (c) The Principal/owner will disqualify Bidders, who do not submit, the any signed Pact between the Principal/owner and the bidder, alongwith the Tender or violate its provisions at any stage of the Tender process, from the Tender process.

6. Duration of the Pact

This Pact begins when both the parties have legally signed it, it expires for the Contractor/Vendor after the final payment under the contract has been made or till the continuation of defect liability period; whichever is more and for all other bidders, till the Contract has been awarded. If any claim is made/lodged during the time, the same shall be binding and continue to be valid despite the lapse of this Pacts as specified above, unless it is discharged/determined by the Competent Authority, BRO. 7. Other Provisions

(a) This Pact is subject to Indian Law, place of performance and jurisdiction is the Headquarters of the formation of the Principal/Owner, who has floated the Tender.

Signature of contractor For Accepting Officer

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(b) Changes and supplements need to be made in writing. Side agreements have not been made.

(c) If the Contractor is a partnership that any dispute or difference arising between the parties with regard to the terms of this Integrity Agreement/Pact, any action taken by the Owner/Principal in accordance with this Integrity Agreement/Pact or interpretation thereof shall not be subject to arbitration.

8. Legal and Prior Rights All rights and remedies of the parties hereto shall be in addition to all the other legal rights and remedies belonging to such parties under the Contract and/or law and the same shall be deemed to be cumulative and not alternative to such legal rights and remedies aforesaid. For the sake of brevity, both the Parties agree that this Integrity Pact will have precedence over the Tender/Contact documents with regard any of the provisions covered under this Integrity Pact. 9. Independent Monitors

(a) That the MoD has appointed following Independent Monitors for this Pact:- (i) Shri Hem Kumar Pande, IAS Retd, E Mail:- [email protected] MO:- 9810132693

(ii) Shri Anjan Kumar Banerjee, IA&AS Retd, E Mail:- [email protected] MO:- 8853381627

Any complaint with regard to violation of IP, whenever received, will be referred to the Independent Monitors for their comments/enquiry. (b) The task of the Monitor is to review independently and objectively, any complaint received with regard to violation of Integrity Pact and offer comments or carry out enquiry as deemed fit. (c) That the Monitor is not subject to any instructions by the representatives of the parties and would perform his functions neutrally and independently. (d) That the, Bidder/Contractor accepts that if the Monitor needs to access any records then the Monitor shall have the right to access without restriction to all project documentation of the Principal/owner including that provided by the Bidder/Contractor. The Bidder/Contractor will also grant the Monitor, upon his request and demonstration of valid interest, unrestricted and unconditional access to his project documentation including minutes of meeting. The same is applicable to Sub-Contractors and Associates. The Monitor is under obligation to treat the information and documents of the Principal/owner and Bidder/Contractor/Sub-Contractors/Associates with confidentially. (e) That if the Monitor has reported to the Principal/Owner a substantiated suspicion of an offence under relevant Anti Corruption Laws of India and the Principal/owner has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance Department, the Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India.

Signature of contractor For Accepting Officer

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(f) The word ‘Monitor’ would include singular and plural.

(For and on behalf of Principal/owner) (For and on behalf of Bidder/Contractor) WITNESSES: 1…………………….. 2……………………. (Signature, name and address) (Signature, name and address) Dated:

Signature of contractor For Accepting Officer

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INTEGRITY PACT

To, Sub : NIT NO.CE (P) SPK/21/2018-19 OF THE WORK “PROVIDING, LAYING AND COMPACTION OF 30 MM THICK BITUMINOUS CONCRETE INCLUDING TACK COAT INCLUDING CORRECTION WORK WITH 50 MM THICK BITUMINOUS MACADAM INCLUDING TACK COAT, PROVIDING EDGE LINE WITH WHITE THERMOPLASTIC ROAD MARKING PAINT ON BOTH EDGES OF WEARING COURSE AND MAKING UP LOSS OF MATERIALS/IRREGULARITIES ON SHOULDER WITH APPROVED MATERIAL AND COMPACTION UPTO DESIRED DENSITY FOR RESURFACING WORKS ON ROAD LAM BADLUN BETWEEN KM 0.00 TO KM 7.740 ON ROAD LAM-PATRARI-THANDIKASSI BETWEEN KM 0.00 TO KM 15.975 ON ROAD KALSIAN-FDL 546 BETWEEN KM 0.00 TO KM 5.413 AND ON ROAD SAROL KERI-PIRBHADESHWAR BETWEEN KM 0.00 TO KM 3.75, KM 4.250 TO KM 5.500 AND KM 12.160 TO KM 30.340 (TOTAL 51.02 KMS EQVT CL-9) UNDER 58 RCC IN 31 BRTF AREA UNDER PROJECT SAMPARK Dear Sir, It is hereby declared that BRO is committed to follow the principle of transparency, equity and competitiveness in public procurement. The subject Notice Inviting Tender (NIT) is an invitation to offer made on the condition that the Bidder will sign the integrity Agreement, which is an integral part of tender/bid documents, falling which the tenderer/bidder will stand disqualified from the tendering process and the bid of the bidder would be summarily rejected. This declaration shall form part and parcel of the Integrity/Agreement and signing of the same shall be deemed as acceptance and signing of the Integrity Agreement of behalf of the BRO.

Yours faithfully

For Accepting Officer

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INTEGRITY PACT

To,

The Chief Engineer Project Sampark Accepting Officer

Sub : Submission of Tender for the work of PROVIDING, LAYING AND COMPACTION OF 30 MM THICK BITUMINOUS CONCRETE INCLUDING TACK COAT INCLUDING CORRECTION WORK WITH 50 MM THICK BITUMINOUS MACADAM INCLUDING TACK COAT, PROVIDING EDGE LINE WITH WHITE THERMOPLASTIC ROAD MARKING PAINT ON BOTH EDGES OF WEARING COURSE AND MAKING UP LOSS OF MATERIALS/IRREGULARITIES ON SHOULDER WITH APPROVED MATERIAL AND COMPACTION UPTO DESIRED DENSITY FOR RESURFACING WORKS ON ROAD LAM BADLUN BETWEEN KM 0.00 TO KM 7.740 ON ROAD LAM-PATRARI-THANDIKASSI BETWEEN KM 0.00 TO KM 15.975 ON ROAD KALSIAN-FDL 546 BETWEEN KM 0.00 TO KM 5.413 AND ON ROAD SAROL KERI-PIRBHADESHWAR BETWEEN KM 0.00 TO KM 3.75, KM 4.250 TO KM 5.500 AND KM 12.160 TO KM 30.340 (TOTAL 51.02 KMS EQVT CL-9) UNDER 58 RCC IN 31 BRTF AREA UNDER PROJECT SAMPARK Dear Sir, I/We acknowledge that BRO is committed to follow the principles thereof as enumerated in the integrity Agreement enclosed with the tender/bid document. I/We agree that that Notice Inviting Tender (NIT) is an invitation to offer made on the condition that I/We will sign the enclosed integrity Agreement, which is an integral part of tender documents, failing which I/We will stand disqualified from the tendering process. I/We acknowledge that THE MAKING OF THE BID SHALL BE REGARDED AS AN UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this condition of the NIT. I/We confirm acceptance and compliance with the Integrity/Agreement in letter and spirit and further agree that execution of the said integrity Agreement shall be separate and distinct from the main contract, which will come into existence when tender/bid is finally accepted by BRO. I/We acknowledge and accept the duration of the Integrity Agreement, which shall be in the linen with para 1 of the enclosed Integrity Agreement. I/We acknowledge that in the event of my/our failure to sign and accept the Integrity Agreement, while submitting the tender/bid, BRO shall have unqualified, absolute and unfettered right to disqualify the tenderer/bidder and reject the tender/bid is accordance with terms and conditions of the tender/ bid. Yours faithfully (Duly authorized signatory of the Bidder)

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Instructions for online Bid Submission

Instructions to the Bidders to submit the bids online thro’ the Central Public Procurement Portal for e- Procurement at https://eprocure.gov.in//eprocure/app 1. Possession of valid Digital Signature Certificate (DSC) and enrollment/registration of the contractors/ bidders on the e-procurement / e-tender portal is a prerequisite for e- tendering. 2. Bidders should do the enrollment in the e- procurement site using the “Click here to enroll” option available on the home page. Portal enrollment is generally free of charge. During enrollment/registration, the bidders should provide the correct/ true information including valid e-mail_id. All the correspondence shall be made directly with the contractors/bidders through e-mail_id provided. 3. Bidder need to login to the site thro’ their user ID/password chosen during enrollment/registration. 4. Then the Digital Signature Certificate (Class II or Class III certificates with signing key usage) issued by SIFY/TCS/nCode/eMudra or any Certifying Authority recognized by CCA India on E Token/Smart card, should be registered. 5. The DSC that is registered only should be used by the bidder and should ensure safety of the same.

6. Contractor/Bidder may go through the tenders published on the site and download the required tender documents/Schedules for the tenders he/she is interested. 7. After downloading/ getting the tender document/Schedules, the bidder should go thro’ them carefully and then submit the documents as asked, otherwise bid will be rejected. 8. If there are no clarifications, this may be obtained online thro’ the tender site, of thro’ the contact details. Bidder should take in to account the corrigendum published before submitting the bids online. 9. Bidder then logs in to the site through the secured log in by giving the user id/password chosen during enrollment/registration and then by giving the password of the e Token/Smart card to access DSC. 10. Bidder select the tender which he/she is interested in by using the search option & then moves it to the ‘my tender folder’. 11. From my tender folder, he/she selects the tender to view all the details indicated. 12. It is construed that the bidder has read all the terms and conditions before submitting their offer. Bidder should go through the tender schedules carefully and upload the documents as asked, otherwise the bid will be rejected. 13. Bidder, in advance should get ready the bid documents to be submitted as indicated in the tender document/schedule and generally, they can be in PDF/xls/rar/dwf formats. If there is more than one document, they can be clubbed together and can be provided in the requested formats. Each document to be uploaded online for the tenders should be less than 2 MB. If any document is more than 2 MB, it can be reduced through zip/rar and the same can be uploaded, if permitted. Bidders bid documents may be scanned with 100 dpi with black and white option. However of the file size is less than 1 MB the transaction uploading time will be very fast. Signature of Contractor For Accepting Officer

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14. If there are any clarifications, this may be obtained through the site, on during the pre-bid meeting if any. Bidder should take in to account the corrigendum published from time to time before submitting the online bids. 15. The Bidders can update well in advance, the documents such as certificates, annual report details etc, under my Space option and these can be selected as per tender requirements and then send along with bid documents during bid submission. This will be facilitate the bid submission process faster by reducing upload time of bids. 16. Bidder should submit the EMD as specified in the tender. The original should be posted/couriered/given in person to the Tender Inviting Authority, within the bid submission due date & time for the tender. Scanned copy of the instruments should be uploaded as part of the offer. 17. While submitting the bids online, the bidders read the terms & conditions and accepts the same to proceeds further to submit the bid packets. 18. The bidder has to select the payment option as offline to pay the EMD as applicable and enter details of the instruments. 19. The details of the DD/any other accepted instrument, physically sent, should tally with the details available in the scanned copy and the data entered during bid submission time. Otherwise submitted bid will not be acceptable. 20. The bidder has to digitally sign and upload the required bid documents one by one as indicated. Bidders to note that the very act of using DSC for downloading the bids and uploading their offers shall be deemed to be a confirmation that they have read all sections and page of the bid document including General condition of contract without any exception and have understood the entire document and are clear about the requirements of the tender requirements. 21. The bidder has upload the relevant files required as indicated in the cover content. In case of any irrelevant files, the bid will be rejected. 22. If the priced bid format is provided in a spread sheet file like BOQ _xxxxx.xls, the rates offered should be entered in the allotted space only and uploaded after filling the relevant columns. The priced bid /BOQ template must not be modified/replaced by other bidder, else the bid submitted is liable to be rejected for this tender. 23. The bidder are requested to submit the bids through online e- tendering system to the Tender Inviting Authority (TIA) well before the bid submission end date & time (as per Server System Clock). The TIA will not be held responsible for any sort of delay of the difficulties faced during the submission of bids online by the bidders at the eleventh hour. 24. After the bid submission (ie after clicking “Freeze Bid Submission” in the portal), the acknowledgement number, given by the system should be printed by the bidder and kept as a record of evidence for online submission of bid for the particular tender and will also act as an entry pass to participate in the bid opening date. Signature of Contractor For Accepting Officer

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25. The time settings fixed in the server side & displayed at the top of the tender site, will be valid for all actions of requesting, bid submission, bid opening etc., in the e- tender system. The bidder should follow this time during bid submission. 26. All the date being entered by the bidders would be encrypted using PKI encryption techniques to ensure the secrecy of the data. The data entered will not viewable by unauthorized persons during bid submission & not be viewable by any one until the time of bid opening. 27. Any bid document that is uploaded to the server is subjected to symmetric encryption using a system generated symmetric key. Further this key is subjected to asymmetric encryption using buyers/bid openers public keys. Overall, the uploaded tender document becomes readable only after the tender opening by the authorized bid openers. 28. The confidentiality of the bid is maintained since the secured Socket Layer 128 bit encryption technology is used. Data storage encryption of sensitive fields is done. 29. The bidder should logout of the tendering system using the normal logout option available at the top right hand corner and not by selecting the (X) exit option in the browser. 30. For any queries regarding e-tendering process, the bidders are requested to contact as provided in the tender document. Parallely for any further queries, the bidders are asked to contact over phone: 1-800-233-7315 or send a mail over to –[email protected].

Signature of Contractor For Accepting Officer

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GENERAL CONDITIONS OF CONTRACT IAFW-2249 OF 2010 PRINT

NAME OF WORK: PROVIDING, LAYING AND COMPACTION OF 30 MM THICK BITUMINOUS CONCRETE INCLUDING TACK COAT INCLUDING CORRECTION WORK WITH 50 MM THICK BITUMINOUS MACADAM INCLUDING TACK COAT, PROVIDING EDGE LINE WITH WHITE THERMOPLASTIC ROAD MARKING PAINT ON BOTH EDGES OF WEARING COURSE AND MAKING UP LOSS OF MATERIALS/IRREGULARITIES ON SHOULDER WITH APPROVED MATERIAL AND COMPACTION UPTO DESIRED DENSITY FOR RESURFACING WORKS ON ROAD LAM BADLUN BETWEEN KM 0.00 TO KM 7.740 ON ROAD LAM-PATRARI-THANDIKASSI BETWEEN KM 0.00 TO KM 15.975 ON ROAD KALSIAN-FDL 546 BETWEEN KM 0.00 TO KM 5.413 AND ON ROAD SAROL KERI-PIRBHADESHWAR BETWEEN KM 0.00 TO KM 3.75, KM 4.250 TO KM 5.500 AND KM 12.160 TO KM 30.340 (TOTAL 51.02 KMS EQVT CL-9) UNDER 58 RCC IN 31 BRTF AREA UNDER PROJECT SAMPARK 1. A copy of the General Conditions of Contracts based on IAFW-2249 of 2010 print incorporated with amendments No 01 to 16 and details Supplementary Conditions (Addendas 1-4) is in my/our possession. 2. I/We have read and understood the provisions contained in the aforesaid General conditions of contracts before submission to this tender and I/We agree that I/We shall abide by the terms and conditions thereof, as modified if any elsewhere in these tender documents. 3. It is hereby further agreed and declared by me/us, that the General Conditions based on IAFW 2249 of 2010 print including conditions 70 thereto pertaining to settlement of dispute by arbitration condition 115 pages covering amendments 01 to 16 and details Supplementary Conditions (Addendas 1-4) form part of these tender documents. 4. Wherever the phrases Commander Works Engineer (CWE) and Garrison Engineer (GE) have been used in the General Conditions of contract IAFW-2249, the same are considered as Task Force Commander (TFC) and OC Contract respectively as applicable to the Border Roads Organization. Signature of Contractor

Dir (Contract) Dated 2019 For Accepting Officer Note: Copy of General conditions of contracts IAFW-2249of 2010 print can be referred in any office of BRO.

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SPECIAL CONDITIONS NAME OF WORK: PROVIDING, LAYING AND COMPACTION OF 30 MM THICK BITUMINOUS CONCRETE INCLUDING TACK COAT INCLUDING CORRECTION WORK WITH 50 MM THICK BITUMINOUS MACADAM INCLUDING TACK COAT, PROVIDING EDGE LINE WITH WHITE THERMOPLASTIC ROAD MARKING PAINT ON BOTH EDGES OF WEARING COURSE AND MAKING UP LOSS OF MATERIALS/IRREGULARITIES ON SHOULDER WITH APPROVED MATERIAL AND COMPACTION UPTO DESIRED DENSITY FOR RESURFACING WORKS ON ROAD LAM BADLUN BETWEEN KM 0.00 TO KM 7.740 ON ROAD LAM-PATRARI-THANDIKASSI BETWEEN KM 0.00 TO KM 15.975 ON ROAD KALSIAN-FDL 546 BETWEEN KM 0.00 TO KM 5.413 AND ON ROAD SAROL KERI-PIRBHADESHWAR BETWEEN KM 0.00 TO KM 3.75, KM 4.250 TO KM 5.500 AND KM 12.160 TO KM 30.340 (TOTAL 51.02 KMS EQVT CL-9) UNDER 58 RCC IN 31 BRTF AREA UNDER PROJECT SAMPARK

1. GENERAL

The following Special Conditions shall be read in conjunction with the General Conditions of Contract IAFW-2249 and whereas variation exists the special conditions shall take precedence over the aforesaid General Conditions.

The special conditions given in succeeding paragraphs shall be read in conjunction with Schedule ‘A’, particular specifications and General Conditions of contracts IAFW-2249. In case of any discrepancies in the various provisions of the contract, the following order of precedence shall be observed:-

(a) Description given in Schedule ‘A’ (b) Particular/Technical Specifications (c) Ministry of Road Transport & Highway (MORT&H) specifications for Road and

bridge works (5th revision) published by Indian Roads Congress New Delhi. (d) Drawing and sketches (e) Special Condition (f) General Condition of Contract

2. INSPECTION OF SITES The Contractor is particularly advised to inspect the site(s) of work by making prior appointment with the Director (Contract), HQ CE (P) Sampark /Commander 31 BRTF, C/O 56 APO so as to acquaint himself with regard to the nature and conditions of site, nature and means of local communication, working hours, conditions of access and all other cognate matters concerning the execution and completion of the work. Any paths, tracks, approaches etc, required for the movement of plants, equipments, machines and vehicles etc to the work site and platform, bund etc required for the execution of work will be the responsibility of the contractor and rates quoted must include these aspects also where required. The tenderer shall be deemed to have inspected the site and made himself familiar with various factors which may affect his quotation whether he actually inspects the site or not. No extra charges consequent on misunderstanding or otherwise will be allowed.

3. LAND FOR OFFICES ETC The contractor shall have to make his/her own arrangements for land as may be

required by him/her for housing of staff and labour and for erection of stores sheds, office, godowns etc required by him/her for the work. The Contractor must ensure that the staff, labour, plants, equipments, Machines, vehicles & stores etc. employed or collected in connection with the work are so located that there is no hindrance to the free flow of the traffic on the roads/ highway. Suitable warning & sign boards and other measures are to be installed/ provided by the contractor at his own cost, for safety of the traffic. Signature of contractor For Accepting Officer

CA NO CE (P) SPK/ /2018-19 Srl Page No. 147 Tender No. CE (P) SPK/21/2018-19 4. MINIMUM FARE WAGES PAYABLE TO LABOURERS

(a) The contractor shall pay wages not less than the fair wage fixed from time to time by the State Govt. or minimum wages fixed under the Minimum Wages Act by Central Govt. whichever is higher. He shall have no claim whatsoever, if on account of any local regulations or otherwise he is required to pay wages in excess of the wages so fixed.

(b) The contractor shall observe the Laws/Rules Regulations of Govt. of Jammu & Kashmir State regarding the employment of labour, mode of payment of wages and cognate matters relating to the local conditions.

c) In case local labourers are not available, the contractor may have to obtain written permit from appropriate authority of Govt. of Jammu & Kashmir State to import labour from outside the State.

(d) The contractor shall ensure compliance to all the labour wages laws and benefit rules for the labour employed by him.

(e) The Contractor shall maintain muster roll of labourer engaged in the work along with wages being paid to the labourer (trade wise). The muster roll shall be available at the site for inspection by Engineer-in-charge or any authorized Govt. officials.

5. ROYALTIES

The contractor shall make his own arrangement for procuring material required under contract and he shall ensure that the royalty for the material procured by him under this CA has been correctly paid to the concerned authority. Any claim of royalty by the concerned department on the material procured under this CA shall be settled with concerned authority directly by the contractor. Further the contractor should ensure that the supply of material is not arranged illegally. An undertaking to this account will be given by contractor before payment of RAR/final bill.

6. BLASTING ROCKS

(a) The contractor shall be responsible for the safe custody and storage of blasting materials in accordance with the rules on the subject. Written authority of the OC shall be obtained before any blasting operations are commenced. (b) The contractor shall ensure that the charges in blasting are not excessive and that the charged bore holes are properly protected before firing and that proper precautions are taken for the safety of men and property. (c) Blasting should be generally avoided. In case it is unavoidable less charge controlled blasting may be resorted with the prior permission of the Engineer-In-Charge. The contractor shall be bound to abide by the instruction of the OC regarding the necessity of blasting and the type, number size and pattern of holes to be drilled and also the type , amount and method of firing of explosive to be used. The OC shall reserve the right to restrict the number of charge to be fired at a time so that the hillside is not adversely affected. The contractor shall fire the charges only at such time as approved by the OC and shall have no claim, whatsoever, on account of any delay and extra cost due to carrying out the instruction of the OC and/or taking the safety precautions directed by him.

Signature of contractor For Accepting Officer

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7. MOVEMENT OF CONTRACTOR VEHICLES

7.1 Minimum classification of existing bridges on the roads are Class 18R bridges, contractor should not bring any heavier vehicle/plant/equipment as such vehicle/ plant/equipment shall not be allowed on the bridges. The contractor’s vehicles may be required to ply in convoys as per directions given by the concerned Civil/ Military authorities. No extra payment/time will be admissible on this account. 7.2 In case the condition of these bridges warrant further downward load classification due to any unforeseen circumstances, the same will be done by the OC Contract whose decision shall be final and binding. In case of any such eventuality, the contractor may have to unload his heavy load carried at locations, indicated to suit the load classification indicated by the OC Contract. Any such heavy load carriage thus necessitated across such indicated bridge (s) shall have to be done by the contractor without any additional payment and no claim whatsoever on these accounts will be entertained.

8. SECURITY RESTRICTIONS

8.1 Contractor intention is invited to condition No. 25 of IAFW-2249 Contractor shall employ only Indian National after verifying their antecedents and loyalty. The contractor shall on demand by the Engineer-in-Charge/OC Contract, submit list of his agents, employees and work people concerned and shall satisfy the Engineer-in-Charge/OC Contract as to the bonafide credential of such people. 8.2 The contractor and his workmen shall observe all the rules promulgated by the authority controlling the area in which work is to be carried out e.g. prohibition of smoking, lighting, fire precautions, search of persons on entry and exit, keeping to specified routes and restricted hours of work etc. Through search of all persons and transport may be conducted by the departmental authorities at the site of works at any time and any number of times for security reasons, necessary permits are to be obtained from Civil authorities by the contractor, for himself, his staff and labour. Nothing shall be paid extra on this account. 8.3 Necessary assistance will be extended to the contractor by the department for providing passes /permits to the contractor, his representative and workmen to enter the state.

9. FREE ACCESS TO SITES AND LOOKING AFTER OF WORKS The contractor shall give all responsible facilities to these department personnel for the inspection of the works being executed under this contract. He shall also provide free access to the woks if being executed by this department or other agencies and if such works are located near the sites covered under this contract. Responsibility of all the works covered in this contract will lie on the contractor and these works are fully completed and accordingly handed over to this department.

Signature of contractor For Accepting Officer

CA NO CE (P) SPK/ /2018-19 Srl Page No. 149 Tender No. CE (P) SPK/21/2018-19 10. TAXES ETC The tendered amount shall inter-alia be deemed to be inclusive of all taxes, viz Work Contract Tax, terminal taxes, toll taxes, Royalty, Octroi, GST, Service Tax, labour welfare cess or any other taxes and the like levies payable under the respective existing States etc. No claim on account of any taxes will be payable to contractor whatsoever except as provided in sub para 11 (b) here-in-after. 11. RE-IMBURSEMENT/REFUND ON VARIATION IN “TAXES DIRECTLY RELATED TO CONTRACT VALUE

(a) The rates quoted by the contractor shall be deemed to be inclusive of all taxes (including GST on material, GST on work contracts, Turnover Tax, Service Tax, Labour Welfare Cess/Tax etc), duties, Royalties, Octroi & other levies payable under the respective statues. No re-imbursement/refund for variation in rates of taxes, duties, royalties, Octroi & other levies, and/or imposition/abolition of any new/existing taxes, duties, Royalties, octroi & other levies shall be made except as provided in sub Para (b) here in below. (b) (i) The taxes which are levied by Govt. at certain percentage rates of contract

Sum/Amount shall be termed as “taxes directly related to contract value” such as GST on works contracts, Turnover Tax, Labour Welfare Cess/tax and like but excluding Income Tax. The tendered rates shall be deemed to be inclusive of all “taxes directly related to contract value” with existing percentage rates as prevailing on last due date for receipt of tenders. Any increase in percentage rates of “taxes directly related to contract value” with reference to prevailing rates on last due date for receipt of tenders shall be reimbursed to the contractor and any decrease in percentage rates of “taxes directly related to contract value “with reference to prevailing rates on last due date for receipt of tenders shall be refunded by the contractor to the Govt. from any payment due to the contractor. Similarly imposition of any new “taxes directly related to contract value” after the last due date for receipt of tenders shall be reimbursed to the contractor and abolition of any “taxes directly related to contract value prevailing on last due date of receipt of tenders shall be refunded by the contractor to the Govt. / deducted by the Govt. from any payments due to the contractor.

(ii) The contractor shall, within a reasonable time of his becoming aware of

variation in percentage rates and/or imposition of any “taxes” directly related to contract value” give written notice thereof to the OC Contract stating that the same is given pursuant to this special condition, together with all information relating thereto which he may be in a position to supply. The contractors shall submit the other documentary proof/information as the OC Contract may require.

(iii) The contractor shall, for the purpose of this condition keep such books of

account and other documents as are necessary and shall allow inspection of

Signature of contractor For Accepting Officer

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the same by a duly authorized representative of Govt. and shall further, at the request of the OC Contract furnish, verified in such a manner as the OC Contract may require, any documents so kept and such other information as the OC Contract may require.

(iv) Reimbursement for increase in percentage rates/imposition of “taxes directly

related to contract value” shall be made only if the contractor necessarily & properly pays additional “taxes directly related to contract value” to the Govt. without getting the same adjusted, against any other tax liability or without getting the same refunded from the concerned Govt. Authority and submit documentary proof for the same as the OC Contract may require.

12. SECURITY OF DOCUMENTS The contractor shall not communicate any classified information regarding works/organization either to sub contractor or others without prior approval of the Engineer-In-Charge. Any violation on this aspect will forfeit the right of the contractor to claim any amount due to the contractor whatsoever held with organization. 13. FOREIGN EXCHANGE/IMPORT LICENSE No foreign exchange and /or import license will be arranged by the Department in connection with the work under this contract. 14. CONTRACTOR’S VEHICLES/PLANT AND EQUIPMENT AT SITE

(a) The contractor shall furnish to the Engineer-in-Charge a distribution return of his plant/equipment on the site of works, stating the following particulars: -

(i) Particulars of Plant/equipment i.e. Make, Machine No, Model No, if any,

Registration No, if any, capacity, year of manufacture, year and place of purchase etc.

(ii) Total quantity on site of work. (iii) Location indicating quantity at the site of work.

(b) For the purpose of this condition, plant/equipment shall include vehicles, trucks and lorries but not the workmen’s tools and/or any manually operated tools/equipment. (c) The Engineer-in-Charge shall record the particulars supplied by the contractor as aforesaid, in the works diary and send a return to OC Contract for record in his office. (d) The first return shall be submitted immediately after any plant or equipment is brought to the site. Thereafter every week changes in the return shall be furnished in the following form: -

S/ No

Particulars of plant/ equipment

Total No at site of work

Location Remarks

Signature of contractor For Accepting Officer

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Addition since…………… Reduction since………… (e) A complete return showing the upto-date position of plant/equipment at site

shall be submitted on 15th of every month till the works are completed and the site cleared.

(f) The contractor’s attention is invited to condition 34 of General Conditions of Contracts according to which no tool, plant/equipment shall be removed off the site without written approval of the OC Contract.

15. TIME AND PROGRESS CHART

(a) The time and progress chart to be prepared as per General Conditions of Contracts shall consist of detailed network analysis and a time schedule. The critical path network will be drawn jointly by the OC Contract and the contractor soon after acceptance of the tender. The time scheduling of the activities including a net work for all preliminary arrangements for mobilization of resources e.g. manpower, plants & machinery will be done by the contractor, so as to complete the work within the stipulated time. (b) On completion of the time schedule a firm calendar date schedule will be prepared and submitted by the contractor to OC Contract who will approve it after due scrutiny. The schedule will be submitted in quadruplicate within six weeks from the date of handing over the site. (c) During the currency of the work the contractor is expected to adhere to the time schedule and this adherence will be a part of the contractor’s performance under the contract. During the execution of the work the contractor is expected to participate in the review and updating of the net work undertaken by OC Contract. Theses reviews may be undertaken at the discretion of the OC Contract either as periodic appraisal measures or when the quantum of work ordered on the contractor is substantially changed through deviation orders or amendments. Any revision of the schedule as a result of the review will be submitted by the contractor to the OC Contract within a week who will approve it after due scrutiny. The Contractor will adhere to the revised schedule thereafter. In case of the contractor’s not agreeing to the revise schedule the same will be referred to the Accepting Officer whose decision will be final, conclusive and binding. OC’s approval to the revised schedule resulting in a completion date beyond the stipulated date(s) of completion shall not automatically amount to grant of extension of time. Extension of time shall be considered and decided by the appropriate authority mentioned in condition 11 of General Conditions of Contracts and separately regulated. (d) The contractor is expected to mobilize and employ sufficient resources to achieve detailed time schedule within the broad frame work of the accepted methods of working and safety.

(e) No additional payments will be made to the contractor for any multiple shift of work or other incentive methods contemplated by him in his work schedule even through the time schedule is approved by the department.

Signature of contractor For Accepting Officer

CA NO CE (P) SPK/ /2018-19 Srl Page No. 152 Tender No. CE (P) SPK/21/2018-19 16. PERMIT FROM LOCAL AUTHORITY FOR PLYING VEHICLES Contractor shall make his own arrangements for obtaining necessary permit from local authority for plying his vehicles for the work in accordance with the Rules and Regulations of the land. 17. ELECTRICITY & WATER SUPPLY No electricity or water will be supplied by the Department. The Contractor shall make his own arrangement for execution of the work. 18. RATE QUOTED

(a) Unit rates shall be deemed to include the provisions for all materials, stores, labour, process, operations and requirements detailed in particular specifications irrespective of whether these appear as specific items or not in the Schedule ‘A’. (b) Unit rates quoted shall also deemed to include all charges/expenses on account of all Veh/ Eqpts required for completing the work as specified in Schedule “A”, Sales Tax, Service Tax, Work Contract Tax, Octroi, 1% labour welfare cess, Royalty, Stacking of materials, interstate barrier charges or any other charges which are required for completion of work as per Schedule “A”/ Work Order. (c) The rate quoted shall also include transportation of materials required for completing the work including loading/unloading charges.

19. APPOINTMENT OF ARBITRATOR IN CASE OF CONTRACT AGREEMENTS TO BE EXECUTED BETWEEN BRO AND GOVT OF INDIA UNDERTAKINGS/ENTERPRISES In the event of any dispute or difference between the parties hereto, such dispute of difference shall be resolved amicably by mutual consultation or through the good offices of Empowered agencies of the Government. In the event of any such dispute or differences relating to the interpretation and application of the provisions of contracts where such resolution is not possible then the unresolved dispute or differences shall be referred by either party to the Arbitration of one of the Arbitrators in the department of Public Enterprises to be nominated by the Secretary to the Government of India In charge of the Bureau of Public Enterprises, and in such case the Arbitration and Conciliation Act shall not be applicable to the arbitration under this clause. The award of the Arbitrator shall be binding upon both the parties in the dispute. Provided, however, any party, aggrieved by such award, may make a further reference for setting aside or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law & Justice, Govt. of India. Upon such reference the dispute shall be decided by the Law Secretary or the Special Secretary/Additional Secretary when so authorized by the Law Secretary, whose decision shall bind the parties finally and conclusively. The parties to the dispute will share equally the cost of arbitration as intimated by the Arbitrator. Signature of contractor For Accepting Officer

CA NO CE (P) SPK/ /2018-19 Srl Page No. 153 Tender No. CE (P) SPK/21/2018-19 20. MEASUREMENTS Measurements pertaining to the work completed under this contract will be recorded and signed in the measurement book (IAFW-2261) by the Junior Engineer after taking into account that the required laboratory tests have been done as per the limits stipulated, as per the frequencies laid down in the “Particular Specifications” of this contract agreement and MORT&H Specification for Road and Bridge Works (5th revision) and connected documents thereof and test results are found satisfactory and proper records are maintained.

(a) The measurement recorded by the Junior Engineer shall be 100% checked and signed by the Engineer-in-charge. (b) 25% test check will be carried out by OC Contract on each day of measurement by the Engineer-in-Charge. (c) 5% test check will be carried out by Cdr Task Force before making payments to the contractor. (d) The measurements should also be signed by the contractor as token of the acceptance of the measurement. (e) In case of discrepancies in arriving out work done details, the decision of the Accepting Officer will be final and binding for both the parties.

(f) All measurements for materials should be properly recorded in the measurement book as and when materials brought, stacked and measured at site. No payment on account shall be made to the contractor for materials which are not stacked and not measured at site as specified and not recorded in the measurement book. Immediately after measurement the stacks shall be marked by white wash or other means as directed by Engineer-In-Charge.

21. ACCEPTANCE OF WORK DONE The Engineer-In-Charge shall exercise control over the quality of materials and work done by carrying out tests for the specified properties as per frequencies given in particular specifications of MORT&H (Ministry of Road Transports and Highways) for roads and bridge latest revision. 22. RECORD/CONSUMPTION OF BITUMEN (i) For the purpose of keeping a record of bitumen procured and consumed in

works, the contractor shall maintain a pucca bound register in the form approved by the Engineer-in-Charge/OC Contract showing daily quantity used in works. The register shall be signed daily by the contractor's representative and the Engineer-in-Charge/OC Contract in token of their verification of its correctness. The check will not, however, absolve the contractor of his responsibility to justify the consumption of bitumen at the time of finalization of his work.

(ii) The register shall be kept at site in the safe custody of the contractor during progress of the work and shall, on demand, be produced for verification of inspecting officers/OC Contract.

(iii) Contractor shall produce original vouchers/bills from the manufactures for the bitumen purchased along with RAR & Final bill as the case may be. The bitumen shall be purchased from Govt. PSU like IOC, BPCL, HPCL, etc.

Signature of contractor For Accepting Officer

CA NO CE (P) SPK/ /2018-19 Srl Page No. 154 Tender No. CE (P) SPK/21/2018-19 23. PAYMENT Payment to the parties will be made in INR in the following manner:-

(a) No advance payment will be made to the contractor against any materials if not properly safeguarded against loss/damage due to natural calamities/theft. Condition 64 of IAFW-2249 shall be deemed amended to this extent. (b) No payment shall be made for any rejected work.

(c) Taxes (Income tax, GSTon works contracts, labour cess,etc) shall be deducted at source from the payment due to contractors as per prevailing laws/statutory orders and TDS certificates shall be issued to the contractor. The contractor may ascertain full details in this respect from the concerned Department(s).

(d) All payments will be made by e-payment/account payee Cheque.

24. CO-OPERATION WITH OTHER AGENCIES The contractor shall permit free access and generally afford reasonable facilities to other agencies or departmental workmen engaged by the Govt. to carry out their part of the work if any under separate arrangements. 25. SUPPLY OF COLOUR RECORD PHOTOGRAPHS, ALBUMS AND VIDEO CD’s

Contractor shall provide/ supply of colour record photographs, Album and video CD’s at various stages/facts of the work without any extra cost as per clause 125.1, 125.2 & 126.1 of MORT&H specification. 26. FIELD LABORATORY: To maintain proper quality control at site, contractor shall establish adequately equipped field laboratory without any extra cost as directed by EIC/OC contract. In case of any dispute decision of accepting officer shall be final and binding. 27. TRAFFIC MOVEMENT: Contractor shall ensure that no hindrances to Traffic movement shall occur during construction. However, if the traffic movement disrupt due to land slide or any other unforeseen reasons, then Contractor shall make all efforts to restore traffic movement within time as directed by the Cdr. If contractor is unable or unwilling to restore traffic movement, Engineer-in-charge may take action as per condition 8 of IAFW-2249. Contractor shall immediately intimate regarding closure of the road to Engineer-in-charge and local administrative authorities. 28. Venue of Arbitration: Place of arbitration hearing shall be at Jammu or as decided by the Sole Arbitrator. 28.1 ARBITRATION (REFER CLAUSE 70 OF CONDITION OF CONTRACT OF IAFW-2249).

28.2 All dispute or difference arising as aforementioned, other than those for which the decision of the Accepting Officer or any other person in by the contract expressed to be final and binding shall be referred to sole arbitration under condition No 70 of General Condition of Contract IAFW-2249 after written notice by either partly of the contract to the other of them. Signature of contractor For Accepting Officer

CA NO CE (P) SPK/ /2018-19 Srl Page No. 155 Tender No. CE (P) SPK/21/2018-19 29. DEFECT LIABILITY PERIOD (REFER CONDITION 46 OF IAFW-2249): Defects liability period shall be thirty six calendar months. 2.5% of value of work executed shall be retained from each bill of advances on account and final bill as special security deposit for defects liability period and shall be refunded to contractor after the expiration of defects liability period provided always that the contractor shall first have been paid the final bill and have rendered a No-demand certificate (IAFA-451). Provided further, the contractor may be paid special security deposit on his furnishing Guarantee Bond(s) or Fixed Deposit Receipt(s) from a scheduled bank in favour of Chief Engineer, Project Sampark for the amount of the special security deposit which should otherwise be recoverable from him under the contract. The Guarantee Bond(s) or Fixed Deposit Receipt(s) shall be executed for a period and on a form as directed by the Accepting Officer. The contractor shall further arrange to extend the period of Guarantee Bond(s) or Fixed Deposit Receipt(s) of similar value so as to cover the period as stated above for its refund.

30. RE-IMBURSEMENT/REFUND ON VARIATION IN “PRICES OF BITUMEN Increase or decrease in prices of bitumen shall be adjusted on the basis stipulated hereinafter irrespective of the actual variation in prices to the contractor:- EB = (QB) X (BI – Bo) X 1.15 Where:- EB = Variation in price of bitumen to be adjusted (in Rs) QB = Quantity of bitumen, brought at site for incorporation in work/incorporated in work (in MT) Bo = Ex-refinery price of bitumen inclusive of all taxes/duties at “refinery nearest to the work site” of Indian Oil Corporation as available on web site of IOC Ltd (i.e. www.iocl.com ) as on the last date of receipt of tender (in Rs/MT), which shall be notified in the Work Order No.01. BI = Ex-refinery price of bitumen of all taxes/duties, at “refinery nearest to the work site” of Indian Oil corporation as available on web site of IOC Ltd (i.ewww.iocl.com ) as on the date of purchase of bitumen (in Rs/MT) (Factor of 1.15 has been used to cover contractor’s overhead and profit) Notes: 1. No adjustments, whatsoever, due to variation in prices of bitumen on account of coming into force of any fresh law or statutory rule or order as provided in condition 63 of IAFW-2249 or otherwise than provided in this condition shall be made. 2. No adjustment in prices of bitumen shall be made for bitumen purchased at site after the stipulated date of completion given in work order No. 1 or extension of time granted under condition 11 of IAFW-2249 (whichever is later). Signature of contractor For Accepting Officer

CA NO CE (P) SPK/ /2018-19 Srl Page No. 156 Tender No. CE (P) SPK/21/2018-19 3. Any dispute arising out of interpretation of application of this condition shall be referred to the Accepting Officer whose decision shall be final and binding. 4. For purpose of calculation of retention money, liquidated damages sales tax/service tax on works contracts, deduction of income tax at source and recovery of water charges (in case of unmetered supply) the value of contract as revised by the above price variation will be taken into account. 31. CONTRACT LABOUR (R&A) ACT 1970 31.1 The contractor shall get himself registered with Astt Labour Commissioner, Jammu as required under contract labour (Regulation and Abolition) Act, 1970. If he does not fall within the pure view of said act, he shall be obtain a no objection certificate from ALC Jammu to above effect. A copy of the certificate of Registration or the no objection certificate (as the case may be) shall be submitted by him to the Accepting Officer within 15 days of the award of the work. In event of his non-compliance, the contractor shall be liable for punitive action under CL (R&A) Act 1970. 32. LOSS OR DAMAGE ON ACCOUNT OF ENEMY ACTION

(a) If as a result of enemy action, the contractor suffers any loss or damage, the Government shall reimburse to the contractor such loss or damage, to the extent and in the manner hereinafter provided:-

(i) The loss suffered by him on account of any damage or destruction of his plant/equipment (as defined in condition 14 (b) above) or materials or any part of parts thereof. The amount of loss assessed by the Accepting Officer of the contract on this account shall be final and binding. (ii) Compensation paid by him under any law for the time being in force to any workmen employed by him for any injury cause to him or the workmen’s legal successors for loss of the workmen’s life. (b) No reimbursement shall be made nor shall any compensation be payable under the above provisions unless the contractor had taken Air Defence precautions rdered in writing by OC concerned or in the absence of such orders, reasonable precautions. No reimbursement shall be made nor shall any compensation by payable for any plant/equipment or materials not lying on the site of work at the time of enemy action.

33. REGISTRATION FEE/TRADE TAX/INCOME TAX ETC Tendered rates/ amount shall also be deemed to include the payments of all taxes to be registration fee. Trade Tax, Income –tax and other taxes /levies to be paid to the Govt. of Jammu & Kashmir or Central Govt. already in force and as may be modified from time to time. The contractor may ascertain full details on this respect from the concerned departments (s). Signature of contractor For Accepting Officer

CA NO CE (P) SPK/ /2018-19 Srl Page No. 157 Tender No. CE (P) SPK/21/2018-19 34. ADJUSTMENT OF TAX CONSEQUENT UPON AMENDMENT TO CONSTITUTION The tendered rate shall also be inclusive of all statute levies and State/Union territory/shall tax on works contract payable under the respective statutes pursuant to the constitution stipulated by the tenderers regarding sales tax on works contracts will not be considered and such tender will be liable for rejection.

35. ESCALATION

No claim of reimbursement in increase of labour wages, cost of POL and materials is admissible under this contract including extended period if any. 36. INCOME TAX

Income tax along with education cess and service /works contract tax including labour welfare cess will be deducted at source as applicable.

37. DEDUCTION TAX AT SOURCE Income tax along with surcharge, service/work contract tax including 1% labour welfare cess shall be deducted at source as applicable.

38. REGISTRATION

Contractor is required to get his firm registered with Sales Tax Department and Asst Labour Commissioner Jammu under contract labour (R&A) Act and Building and other construction workers Act 1996. A copy of valid registration certificate issued will be submitted to Commander Contract while processing RARs/Bills. 39. PAYMENT OF WORK The payment will be released through E-payment mode, for which the contractor is required to submit the NEFT/RTGS Mandate Form (enclosed at Appx ‘B’) duly filled in the specified details. 40. LEGAL JURISDICTION Legal jurisdiction for this Contract Agreements shall be “J&K High Court, Jammu

only”. 41. ATTENDANCE ON DEPARTMENTAL WORKMAN AND OTHER AGENCIES. The contractor shall permit free access and generally afford all facilities and usual conveniences to other Agencies and or Departmental workmen to carry out works, if any

(a) The frequency of testing on materials shall be as per discretion of the Eng-In-Charge and OC Contract if the material obtained from one quarry location. In case the contractor obtains material from more than one quarry location, he shall be required to get the testing of aggregate from each quarry separately to the satisfaction of Engr-In-Charge and OC Contract. The materials not conforming to the Specifications/requirement given in the particular specification shall not be brought to the work site.

Signature of contractor For Accepting Officer

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(b) In case the materials brought by the contractor found inferior and does not confirm to the particular specifications of CA, the material will be rejected. The rejected materials shall be removed from the site by the contractor at his cost immediately. No payment/ compensation shall be made on this account.

(c) If testing is done in Departmental laboratories i.e. QCC HQ 31 BRTF, testing charges will be charged from the contractor and if the testing is done other than departmental laboratories due to any reason what so ever, the testing charges shall be borne by the contractor and nothing extra shall be admissible on this account.

42. CONTRACTOR’S REPRESENTATIVES AND WORKMEN Refer Condition 26 of IAFW-2249. The contractor may employ any Indian Nationals as his representatives, servants and workmen and after verifying their antecedents and loyalty before employing them for the works. He shall ensure that no person of doubtful antecedents and nationality is, in any way associated with work.

Signature of Contractor Dated: 2019 For Accepting Officer

SAMPLE

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Annexure-1 to Special Condition

FORMAT FOR BANK GUARANTEE FOR ADVANCE PAYMENT

From: Bank_______________________________ To The President of India Sir,

1. With reference to contract agreement No________________________ concluded between the President of India, hereinafter referred at as “The Government” and M/S ___________________________________hereinafter referred to as the “The Contractor” for ____________________________as detailed in the above contract agreement hereinafter referred to as “the said contract” and in consideration of the Government having agreed to make an advance payment in accordance with the terms of the said contract to the said contractor, we the _______________________________bank, hereinafter call “the bank” hereby irrevocably undertake and guarantee to you that if the said contractor would fail to provide works in accordance with the terms & conditions of the said conditions of the said contract for any reason whatsoever or fail to perform the said contract in any respect or should whole or part of the said on account payments to any time become repayable to you for any reason whatsoever, we shall, on demand and without demur pay to you all and any sum up to a maximum of Rs. ____________(Rupees__________________________ only) paid as advance to the said contractor in accordance with the provisions contained in clause____________________________ of the said contract. 2. We further agree that the Government shall be the sole judge as to whether the contractor has failed to provide works in accordance with the terms and conditions of the said contract or has failed to perform the said contract in any respect or the whole or part of the advance payment made to contractor has become repayable to the Government and to the extent and monetary consequences thereof by the Government. 3. We further hereby undertake to pay the amount due and payable under this Guarantee without any demur merely on a demand from the Government stating the amount claimed. Any such demand made on the bank shall be conclusive and binding upon us as regards the amounts due and payable by us under the guarantee and without demur. However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs.__________________(Rupees________________________________only) 4. We further agree that the Guarantee herein contained shall remain in full force and effect for a period up to ____________________(03 months + due date of recovery of advance) unless the Government in his sole discretion discharges the Guarantee earlier. 5. We further agree that any change in the constitution of the bank or the constitution of the contractor shall not discharge our liability hereunder. 6. We further agree that the Government shall have that fullest liability without affecting in any way our obligations hereunder with or without our consent or knowledge to vary any of the terms and conditions of the said contract or to extend the time of development/delivery from time to time or to postpone for any time or from time to time any Signature of contractor For Accepting Officer

SAMPLE CA NO CE (P) SPK/ /2018-19 Srl Page No. 160 Tender No. CE (P) SPK/21/2018-19 of the powers exercisable by the Government against the contractor and either to forebear or enforce any of the terms and conditions relating to the said contract and we shall not be relieved from our liability by reason of any such variation or any indulgence or for bearance shown or any act or omission on the Government or by any such matter or thing whatsoever which under the law relating to sureties would but for this provision have the effect of so relieving us. 7. We lastly undertake not to revoke the Guarantee during the currency of the above said contract except with the prior consent of the Government in writing.

Yours faithfully

For _____________________Bank (Authorized Attorney)

Place_________________________ Date _________________________ Seal of Bank Signature of contractor For Accepting Officer

SAMPLE

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Appendix “B‟ (Ref para-46 of Special Condition of tender)

NEFT/RTGS MANDATE FORM

(1) Name of firm/contractor as

per account in the Bank

(2) Beneficiary’s Account Number (As appearing on the Cheque Book)

(3) Name of Bank where a/c is held

(4) Name of Branch

(5) Address of Branch

(6) Telephone No of Branch

(7) IFSC Code of Branch

(8) 9-Digit MICR Code Number of the Bank & Branch

(9) E-Mail ID of Contractor

Note Please attach a blank cancelled cheque for verification of the above

particulars. I, hereby, declare that the particulars given above are correct and complete. If the transaction is delayed or not effected due to incomplete or incorrect information of the bank details, I will not hold the payment releasing authority responsible for it.

Dated: Signature of the contractor (Seal)

CERTIFICATE BY BANK

Certified that the particulars furnished above are correct as per our records. Seal of Bank Signature of the branch manager of the Bank Dated:- Signature of contractor For Accepting Officer

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PARTICULAR SPECIFICATIONS

NAME OF WORK: PROVIDING, LAYING AND COMPACTION OF 30 MM THICK BITUMINOUS CONCRETE INCLUDING TACK COAT INCLUDING CORRECTION WORK WITH 50 MM THICK BITUMINOUS MACADAM INCLUDING TACK COAT, PROVIDING EDGE LINE WITH WHITE THERMOPLASTIC ROAD MARKING PAINT ON BOTH EDGES OF WEARING COURSE AND MAKING UP LOSS OF MATERIALS/IRREGULARITIES ON SHOULDER WITH APPROVED MATERIAL AND COMPACTION UPTO DESIRED DENSITY FOR RESURFACING WORKS ON ROAD LAM BADLUN BETWEEN KM 0.00 TO KM 7.740 ON ROAD LAM-PATRARI-THANDIKASSI BETWEEN KM 0.00 TO KM 15.975 ON ROAD KALSIAN-FDL 546 BETWEEN KM 0.00 TO KM 5.413 AND ON ROAD SAROL KERI-PIRBHADESHWAR BETWEEN KM 0.00 TO KM 3.75, KM 4.250 TO KM 5.500 AND KM 12.160 TO KM 30.340 (TOTAL 51.02 KMS EQVT CL-9) UNDER 58 RCC IN 31 BRTF AREA UNDER PROJECT SAMPARK

1. GENERAL:- The specification contained in Ministry of Road, Transport & Highways book namely SPECIFICATIONS FOR ROAD AND BRIDGE WORK (fifth revision) published by the Indian road congress during year 2013 (here in after referred to as MORT&H specification) under clause 507, 504 & 803 dealing with Bituminous Concrete, Bituminous macadam and Road Marking respectively shall be generally followed as indicated hereinafter.

1.1 BITUMINOUS CONCRETE (30 mm thick) 1.1.1 SCOPE: - This work shall consist of construction of Bituminous Concrete, for using in wearing and profile corrective courses. This work shall consist of construction in a single layer of bituminous concrete on a previously prepared bound surface. A single layer shall be 30 mm thick.

1.1.2. MATERIALS:- 1.1.2.1 BITUMEN: The bitumen shall be viscosity graded paving bitumen complying with Indian standard specification for paving bitumen, IS: 73.The type and grade of bitumen to be used would depend upon the climatic condition and the traffic. Guidelines for selection of bitumen are given in Table 500-1 of MORT&H specification.

1.1.2.2 COARSE AGGREGATES: The coarse aggregate shall be generally as specified in clause 504.2.2 of MORT&H specification, except that the aggregate shall satisfy the physical requirement of Table 500-16 of MORT&H specification and where crushed gravel is proposed for use as aggregate, not less than 95% by weight of the crushed material retained on the 4.75 mm sieve shall have at least two fractured faces.

PHYSICAL REQUIREMENTS FOR COARSE AGGREGATE FOR BITUMINOUS CONCRETE

Property Test Requirement Test Method Cleanliness (dust)

Grain size analysis Max 5% passing 0.075 mm sieve

IS: 2386 Part I

Particle shape Combined Flakiness and Elongation Indices

Max 35% IS: 2386 Part I

Strength Los Angeles Abrasion Value or Aggregate Impact Value

Max 30% Max 24%

IS: 2386 Part IV

Signature of contractor For Accepting Officer

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Water Absorption Water absorption Max 2% IS: 2386 Part III

Stripping Coating and Stripping of

Bitumen Aggregate Minimum retained coating 95%

IS: 6241

Water Sensitivity Retained Tensile Strength*

Min 80% AASHTO 283

* If the minimum retained tensile strength falls below 80 percent, use of anti stripping agent is recommended to meet the minimum requirements. 1.1.2.3 FINE AGGREGATES: The fine aggregates shall be all as specified in clause 505.2.3 of MORT&H specification.

1.1.2.4 FILLER: filler shall be specified in clause 505.2.4 of MORT&H specification.

1.1.2.5 AGGREGATE GRADING AND BINDER CONTENTS: When tested in accordance with IS: 2386 Part 1 (Wet grading method). The combined grading of the coarse and fine aggregates and filler shall fall within the limits given in Table 500-17 of MORT&H specification.

COMPOSITION OF BITUMINOUS CONCRETE PAVEMENT LAYERS

Grading 1 2 Nominal maximum aggregate size *

19 mm 13.20 mm

Layer thickness 50 mm 30-40 mm IS Sieve¹ (mm) Cumulative % by weight of total aggregate passing 45 37.5 26.5 100 19 90-100 100 13.2 59-79 90-100 9.5 52-72 70-88 4.75 35-55 53-71 2.36 28-44 42-58 1.18 20-34 34-48 0.6 15-27 26-38 0.3 10-20 18-28 0.15 5-13 12-20 0.075 2-8 4-10 Bitumen content % by mass of total mix

Min 5.2* Min 5.4**

Signature of contractor For Accepting Officer

CA NO CE (P) SPK/ /2018-19 Srl Page No. 164 Tender No. CE (P) SPK/21/2018-19 * Nominal maximum aggregate size in the largest specified sieve size upon which any of the aggregate material is retained. ** Correspond to specific gravity of the aggregate being 2.7. In case aggregate have specific gravity more than 2.7, bitumen content can be reduced proportionately. Further, for regions where highest daily means air temperature is 30˚C or lower and lowest daily means air temperature is - 10˚C or lower, the bitumen content may be increased by 0.5%. 1.1.3 MIX DESIGN 1.1.3.1 REQUIREMENT FOR THE MIX

Apart from conformity with the grading and quality requirements for individual

ingredients, the mixture shall meet the requirements set out in Table 500-11 of MORT&H specification.

REQUIREMENTS FOR BITUMINOUS CONCRETE

Properties Viscosity

Grade Paving Bitumen

Modified Bitumen Test Method Hot Climate Cold Climate

Compaction Level 75 blow on each face of the specimen Minimum stability (KN at 600 C)

9.0 12.0 10.0 AASHTO T 245

Marshall flow (mm) 2-4 2.5-4 3.5-5 AASHTO T 245 Marshall Quotient (Stability/Flow)

2-5 2.5-5 MS-2 and ASTM D2041

% air voids 3-5 % voids Filled with Bitumen(VFB)

65-75

Coating of aggregate particle

95% minimum IS:6241

Tensile Strength ratio

80% minimum AASHTO T 283

% voids in mineral Aggregates (VMA)

Minimum percent voids in mineral aggregate (VMA) are set out in Table 500-13 of MORT&H specification

1.1.3.2 BINDER CONTENT

The Binder content shall be optimized to achieve the requirements of the mix set out in Table 500-11 of MORT&H specification. The binder content shall be selected to obtain 4 percent air voids in the mix design. The Marshall method for determining the optimum binder content shall be adopted as described in the Asphalt Institute Manual MS-2.

Signature of contractor For Accepting Officer

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Where maximum size of the aggregates is more than 26.50 mm, the modified

Marshall Method using 150 mm diameter specimen described in MS-2 and ASTM D 5581 shall be used. This method requires modified equipment and procedures. When the modified Marshall test is used, the specified minimum stability values in Table 500-12 of MORT&H specification shall be multiplied by 2.25, and the minimum flow shall be 3 mm.

MINIMUM PERCENT VOIDS IN MINERAL AGGREGATE (VMA)

Nominal Maximum Particle Size¹ (mm)

Minimum VMA Percent Related to Design Percentage Air voids

3.0 4.0 5.0 26.5 11.0 12.0 13.0 37.5 10.0 11.0 12.0

Note: Interpolate minimum voids in the mineral aggregate (VMA) for designed percentage air voids values between those listed. 1.1.3.3 JOB MIX FORMULA

The contractor shall submit to the Engineer–In-Charge for approval at least 21 days before the start the work, the Job Mix formula proposed for use in the work, together with the following details:

(i) Source and location of all materials.

(ii) Proportion of all materials expressed by weight of total mix:

a) Binder type, and percentage by weight of total mix. b) Coarse aggregate/Fine aggregate/Mineral filler as percentage by weight of total aggregate including mineral filler.

(iii) A single definite percentage passing each sieve for the mixed aggregate. (iv) The individual grading of the individual aggregate fraction, and the proportion of each in the combined grading. (v) The results of mix design such as maximum specific gravity of loose mix (Gmm), compacted specimen densities, Marshall stability, flow, air voids, VMA, VFB and related graphs and test results of AASHTO T 283 Moisture susceptibility test. (vi) Where the mixer is a batch mixer, the individual weights of each type of aggregate, and binder per batch. (vii) Test results of physical characteristic of aggregates to be used. (viii) Mixing temperature and compacting temperature.

Signature of contractor For Accepting Officer

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While establishing the job mix formula, the contractor shall ensure that it is

based on a correct and truly representative sample of the materials that will actually be used in the work and that the mix and its different ingredients satisfy the physical and strength requirements of these Specifications.

Approval of the job mix formula shall be based on independent testing by the

Engineer-In-charge for which sample of all ingredients of the mix shall be finished by the contractor as required by the Engineer-In-Charge.

The approval job mix formula shall remain effective unless and until a revised job mix formula is approved. Should a change in the source of materials be proposed, a new job mix formula shall be forwarded by the contractor to the Engineer-In-Charge for approval before the placing of the material. The job mix formula shall be approved by Cdr Contract. 1.1.3.4 PLANT TRIALS- PERMISSIBLE VARIATION IN JOB MIX FORMULA Once the laboratory job mix formula is approved, the contractor shall carry out plant trials to establish that the plant can produce a uniform mix confirming to the approved Job mix formula. The permissible variation of the individual percentage of the various ingredients in the actual mix form from the job mix formula to be used shall be within the limits as specified in Table 500-18 of MORT&H specification and shall remain within the gradation band. These variations are intended to apply to individual specimen taken for quality control test in accordance with Section 900 of MORT&H Specification.

PERMISSIBLE VARIATION IN PLANT MIX FROM THE JOB MIX FORMULA

Description Permissible Variation Aggregate passing 19 mm sieve or larger + 7%

Aggregate passing 13.20 mm,9.5 mm + 6%

Aggregate passing 4.75 mm + 5%

Aggregate passing 2.36 mm, 1.18 mm, 0.6 mm + 4%

Aggregate passing 0.3 mm, 0.15 mm + 3%

Aggregate passing 0.075 mm + 1.5%

Binder Content + 0.3%

Mixing temperature + 10º C

1.1.3.5 LAYING TRIALS

Once the plant trials have been successfully completed and approved, the contractor shall carry out laying trials, to demonstrate that the proposed mix can be successfully laid and compacted all in accordance with Clause 501 of MORT&H Specification. The laying trial shall be carried out on a suitable area which is not to form part of the works. The area of the laying trials shall be a minimum of 100 Sqm of construction similar to that of the project road, and it shall be in all respect, particularly compaction, the same as the project construction, on which the bituminous material is to be laid. Signature of contractor For Accepting Officer

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The Contractor shall previously inform the Engineer-In-Charge of the proposed method for laying and compacting the material. The plant trials shall then establish if the proposed laying plant, compaction plant and methodology is capable of producing satisfactory results. The density of the finished paving layer shall be determined by taking cores, no sooner than 24 hours after laying, or by other approved method. The compacted layers of bituminous concrete (BC) shall have a minimum field density equal to or more than 92% of the average theoretical maximum specific gravity (Gmm) obtained on the day of compaction in accordance with ASTM D2041. Once the laying trials have been approved, the same plant and methodology shall be applied to the laying of the material on the project, and no variation shall be acceptable, unless approved in writing by Engineer-In-Charge, who may at his discretion require further laying trials. 1.1.4 CONSTRUCTION OPERATIONS 1.1.4.1 WEATHER AND SEASONAL LIMITATIONS: The provisions of Clause 501.5.1 of MORT&H specifications shall apply. 1.1.4.2 PREPARATION OF THE BASE: The surface on which the bituminous concrete is to be laid shall be prepared in accordance with Clauses 501 and 902 of MORT&H Specification as appropriate, or as directed by the Engineer-In-Charge. The surface shall be thoroughly swept clean by the mechanical broom and dust removed by compressed air. In locations where a mechanical broom cannot get access, other approved method shall be used as directed by Engineer-In-Charge. 1.1.4.3 TACK COAT: A tack coat in accordance with Clause 503 of MORT&H specifications shall be applied or as directed by the Engineer-In-Charge. 1.1.4.4 MIXING AND TRANSPORTATION OF THE MIXTURE: The provisions of Clauses 501.3 and 501.4 of MORT&H specifications shall apply. 1.1.4.5 SPREADING: The provisions of Clauses 501.5.3 of MORT&H specifications shall apply, as modified by the approved laying trials.

MIXING, LAYING AND ROLLING TEMPERATURES FOR BITUMINOUS MIXES (DEGREE CELCIUS)

Bitumen Viscosity grade

Bitumen Temperature

Aggregate Temperature

Mixed Material Temperature

Laying Temperature

*Rolling Temperature

VG-40 160-170 160-175 160-170 150 Min 100 Min VG-30 150-165 150-170 150-165 140 Min 90 Min VG-20 145-165 145-170 145-165 135 Min 85 Min VG-10 140-160 140-165 140-160 130 Min 80 Min * Rolling must be completed before the mat cools to these minimum temperatures. Signature of contractor For Accepting Officer

CA NO CE (P) SPK/ /2018-19 Srl Page No. 168 Tender No. CE (P) SPK/21/2018-19 1.1.4.6 ROLLING: Compaction shall be carried out in accordance with the provisions of Clause 501.6 and 501.7 of MORT&H specifications, as modified by the approved laying trials. 1.1.5 OPENING TO TRAFFIC: The provisions of Clauses 504.5 of MORT&H specifications shall apply. 1.1.6 SURFACE FINISH AND QUALITY CONTROL OF WORK: The surface finish of the completed construction shall conform to the requirements of Clause 902 of MORT&H specifications. For control of the quality of materials supplied and the works carried out, the relevant provisions of Section 900 of MORT&H specifications shall apply. 1.1.7 ARRANGEMENT FOR TRAFFIC: During the period of construction, arrangements for traffic shall be made in accordance with the provision of Clause 112 of MORT&H specification. 1.1.8 MEASUREMENT FOR PAYMENT:Bituminous Concrete shall be measured as finished work in square meters. 1.1.9 RATE: The contract unit rate for bituminous concrete shall be payment in full for carrying out all the required operations as specified and shall include, to all components listed in Clause 501.8.8.2 including tack coat. The rate shall include the provision of bitumen, at 5.2% and 5.4% by weight of the total mixture for grading 1 and grading 2 respectively. The variation in actual percentage of bitumen used shall be assessed and the payment adjusted plus or minus accordingly. 1.2 Correction work: Correction work shall be done with BM 50 MM thick as per clause 3004.2 of MORT&H specification (vth revision). 1.3 BITUMINOUS MACADAM (50 mm thick) FOR CORRECTION WORK 1.3.1 Scope : The work shall consist of construction in single course having 50 mm thickness of compacted crush aggregates premixed with a bituminous binder on a previously prepared base to the requirement of this specification. Potholes and patch repair shall be done as per clause 3004.2.1of MORTH (5th) revision. 1.3.2 Materials 1.3.2.1 BITUMEN: The bitumen shall be viscosity graded paving bitumen complying with Indian standard specification for paving bitumen, IS: 73 .The type and grade of bitumen to be used would depend upon the climatic condition and the traffic. Guidelines for selection of bitumen are given in Table 500-1 of MORT&H specification. 1.3.2.2 COARSE AGGREGATES: The coarse aggregate shall consist of crushed stone/rock retained on 2.36 mm sieve. They shall be clean, hard, and durable, of cubical shape, free from dust or soft organic and other deleterious substances. The aggregate shall satisfy the physical requirement set forth in table below:- Signature of contractor For Accepting Officer

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Physical requirements for coarse aggregate for bituminous macadam

Property Test Requirement Test method Cleanliness Grain size analysis Max 5% passing75

Micron IS:2386 Part-I

Particle shape Combined Flakiness and Elongation Indices

Max 35% IS:2386 Part-I

Strength Los Angeles Abrasion Value or Aggregate Impact Value

Max 40% Max 30%

IS:2386 Part-IV IS:2386 Part-IV

Durability Soundness (Sodium or Magnesium) Sodium Sulphate Magnesium Sulphate

5 Cycles Max 12% Max 18%

IS:2386 Part-V IS:2386 Part-V

Water Absorption

Water absorption Max 2% IS:2386 Part-III

Stripping Coating and Stripping of Bitumen Aggregate

Minimum retained coating 95%

IS:6241

Water Sensitivity

Retained Tensile Strength*

Min 80% AASHTO 283

* If the minimum retained tensile strength falls below 80%, use of anti-stripping agent is recommended to meet the min requirements. 1.3.2.3 Fine aggregates: fine aggregate shall consist of crushed or natural occurring mineral materials, or a combination of two, passing 2.36 mm sieve and retained on 75 micron sieve. They shall be clean, hard, durable, dry and free from dust and soft organic and other deleterious substances. Natural sand should not be used in binder course. 1.3.2.4 Aggregate Grading and binder contents: The combined grading of coarse and fine aggregates, when tested in accordance with IS: 2386 Part I, wet sieving method, shall conform to limits given in table No 500-8 of MORT&H Specification. The type and quantity of bitumen and appropriate thickness is also set forth in table below:-

AGGREGATE GRADING AND BITUMEN CONTENT Grading 1 2

Nominal maximum aggregate size*

40 mm 19 mm

Layer thickness 80-100 mm 50-75 mm IS Sieve size (mm) Cumulative % by weight of total aggregates passing 45 100 37.5 90-100 26.5 75.100 100 19 - 90-100 13.2 35-61 56-88 4.75 13-22 16-36 2.36 4-19 4-19 0.3 2-10 2-10 0.075 0-8 0-8 Bitumen content** % by weightmass of total mix

3.3** 3.4**

Signature of contractor For Accepting Officer

CA NO CE (P) SPK/ /2018-19 Srl Page No. 170 Tender No. CE (P) SPK/21/2018-19 * Nominal maximum aggregates size is the largest specified sieve size upon which any of the aggregate material is retained. ** Corresponds to specific gravity of the aggregates being 2.7. In case aggregates have specific gravity more than 2.7, bitumen content can be reduced proportionately. Further, for regions where highest daily mean air temperature is 30°C or lower and lowest daily mean air temperature is -10°C or lower, the bitumen content may be increased by 0.5 percent. 1.3.2.5 Proportioning of material: The aggregates shall grading shall not vary from the lower limit on one sieve to the higher limit on adjacent sieve to avoid gap grading. The aggregates may be proportioned and blended to produce a uniform mix complying with the requirement in table 500-7 of MORT&H specification. The binder content shall be within a tolerance of ± 0.3 percent by weight of total mix when individual specimens are taken for quality control tests in accordance with the provisions of Section-900 of MORT&H specifications. 1.3.3 Construction Operations 1.3.3.1 Weather and seasonal limitations: The provisions of Clause 501.5.1 of MORT&H specifications shall apply. 1.3.3.2 Preparation of the base: The base on which bituminous macadam is to be laid shall be prepared, shaped and compacted to the required profile in accordance with Clauses 501.8 and 902.3 of MORT&H specifications as appropriate, and a prime coat shall be applied in accordance with Clause 502 of MORT&H specifications where specified, or as directed by the Engineer-in-Charge. 1.3.3.3 Tack coat : A tack coat in accordance with Clause 503 of MORT&H specifications shall be applied or as directed by the Engineer-in-charge. 1.3.3.4 Preparation and transportation of the mixture: The provisions of Clauses 501.3 and 501.4 of MORT&H specifications shall apply. 1.3.3.5 Spreading : The provisions of Clauses 501.5.3 of MORT&H specifications shall apply.

MANUFACTURING AND ROLLING TEMPERATURES

Bitumen Viscosity Grade

Bitumen Temperature

Aggregate Temperature

Mixed Material Temperature

Laying Temperature

Rolling Temperature

VG-40 160-170 160-175 160-170 150 Min 100 Min VG-30 150-165 150-170 150-165 140 Min 90 Min VG-20 145-165 145-170 145-165 135 Min 85 Min VG-10 140-160 140-165 140-160 130 Min 80 Min 1.3.3.6 Rolling: Compaction shall be carried out in accordance with the provisions of Clause 501.6 and 501.7 of MORT&H specifications. Signature of contractor For Accepting Officer

CA NO CE (P) SPK/ /2018-19 Srl Page No. 171 Tender No. CE (P) SPK/21/2018-19 Rolling shall be continued until the specified density is achieved or where no density is specified, until there is no further movement under the roller. The required frequency of testing is defined in Clause 903 of MORT&H specifications. 1.3.4 Surface Finish and Quality Control of Work: The surface finish of the completed construction shall conform to the requirements of Clause 902 of MORT&H specifications. For control of the quality of materials and the works carried out, the relevant provisions of Section 900 of MORT&H specifications shall apply. 1.3.5 Protection of the Layer The bituminous macadam shall be covered with either the next pavement course or wearing course, as the case may be, within a maximum of forty-eight hours. If there is to be any delay, the course shall be covered by a seal coat to the requirement of Clause 512 of MORT&H specifications before opening to any traffic. The seal coat in such cases shall be considered incidental to the work and shall not be paid for separately. 1.3.6 Arrangements for Traffic During the period of construction, arrangements for traffic shall be made in accordance with the provisions of Clause 112 of MORT&H specifications. 1.3.7 Measurement for payment

Bituminous macadam shall be measured as finished work in square meters. 1.3.8 Rate The contract unit rate for bituminous macadam shall be payment in full for carrying out the required operations as specified. The rate shall include all items as specified including tack coat/prime coat. 1.4. ROAD MARKINGS ON ROAD. 1.4.1 Scope This Clause specifies the road markings over the finished Bituminous Concrete Surface. This work shall consist of road markings on center line and edge lines of the road over newly prepared Bituminous Concrete Surface. This clause specifies Road marking with appropriate road marking machine as per IRC 35-1997 with thermoplastic compound of approved quality and additional glass beads of type-2 of white colour and uniform thickness of 2.5 mm after cleaning, brushing of all dusts, dirt, grease oil etc and all other impurities from the pavement. 1.4.2 Material The thermoplastic road marking paint shall be homogeneously composed of aggregate, pigment, resins and glass reflectorizing beads. The colour of the compound shall be white or yellow (IS colour No. 356) as specified or as directed by Engineer- in- charge. 1.4.3 Requirement Thermoplastic paint should conform to properties given as under:-

(Signature of contractor) For Accepting Officer

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(i) Composition: The pigment, beads and aggregate should be uniformly

dispersed in the resin. The material shall be free from all skins, dirt and foreign objects and shall comply with requirements indicated in Table 800-9 of MORST&H Specifications for Road and Bridge Works (Fifth Revision, reprint April 2013)

(ii) Properties The properties of thermoplastic material, when tested in accordance with ASTM D-36/BS-3262 (Part-I) shall be as below:

(a) Luminance:- White : Daylight luminance at 45 degree-65 percent min as per AASHTO M-249. Yellow : Day light luminance at 45 degree-45 percent min as per AASHTO M -249.

(b) Drying Time:- When applied at a temperature specified by the manufacturer and to the required thickness, the material shall set to bear traffic is not more than 15 minutes.

(c) Skid Resistance:- Not less than 45 as per BS 6044.

(d) Cracking Resistance at Low Temperature:- The material shall show no cracks on application to concrete blocks.

(e) Softening Point:- 102.5+9.50C as per ASTM D36.

(f) Flow Resistance:- Not more than 25 per cent as per AASHTO M-249.

(ii) Storage Life The material shall meet the requirements of these

specifications for a period of one year. The thermoplastic material should have no evidence of skins or unmelted particles for one year storage period. Any material not meeting the above requirements shall be replaced by the manufacturer/supplier/contractor.

(iii) Reflectorisation Shall be achieved by incorporation of beads, the grading and other properties of the beads shall be as specified in clause 803.4.2 of MORST&H Specifications for Road and Bridge Works (Fifth Revision, reprint April 2013).

(iv) Marking Each container of the thermoplastic material shall be clearly and

indelibly marked with the following information:-

(i) The name, trade mark or other means of identification of manufacturer.

(ii) Batch number. (iii) Date of manufacture.

(iv) Colour (White or Yellow) (v) Maximum application temperature and maximum safe beating temperature.

(v) Sampling and Testing The thermoplastic material shall be sampled and tested in accordance with the appropriate ASTM/BS method. The contractor shall furnish a copy of certified test reports from the manufactures of the thermoplastic material showing results of all tests specified herein and shall certify that the materials meets all requirement of this specification.

(Signature of contractor) For Accepting Officer

CA No. CE (P) SPK/ /2018-19 Serial Page No. 173 Tender No. CE (P) SPK/21/2018-19 1.4.4 Reflectorizing Glass Beads 1.4.4.1 General This specification covers Type II glass beads to be used for the production of reflectorised pavement markings.

Type-II beads are those which are to be sprayed on the surface vide clause 803.6. of MoRST&H Specifications for Road and Bridge Works (Fifth Revision). 1.4.4.2 The glass beads shall be transparent, colourless and free from milkiness, dark particles and excessive air inclusions. These shall conform to requirements spelt out in Clasue 803.4.2.3 of MORST&H Specifications for Road and Bridge Works (Fifth Revision.

1.4.4.3 Specification Requirements

Gradation:- The Glass beads shall meet the gradation requirements for Type II as given in Table 800-10 of MORST&H Specifications for Road and Bridge Works (Fifth Revision).

Sieve size Percent retained

Type II 1.18 mm - 850 micron 0 to 5 600 micron 5 to 20 425 micron - 300 mircon 30 to 75 180 micron 10 to 30 Below 180 micron 0 to 15

(ii) Roundness. The glass beads shall have a minimum of 70 percent true spheres. (iii) Refractive Index The glass beads shall have a minimum refractive index of 1.50.

(iv)Free Flowing Properties The glass beads shall be free of hard lumps and clusters and shall dispense readily under any conditions suitable for paint striping. They shall pass the free flow-test.

1.4.5 Sampling and Testing 1.4.5.1 The paint and glass beads shall be sampled and tested in accordance with the appropriate ASTM/BS method. The contractor shall furnish a copy of certified test report from a reputed laboratory showing results of all tests specified herein and shall certify that the material meets all requirements of this specification. However if so required, these test may be carried out as directed by Engineer-In-Charge/OC Contract.

(Signature of contractor) For Accepting Officer

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1.4.6 Road Markings The center line shall consist of single white broken line 10 cm wide. The length of segment and the gap between segments shall as approved by the Engr-in-charge.

1.4.7 Application The road marking paint shall be applied on road with appropriate road marking machinery as approved by Engineer-In-Charge. 1.4.7.1 Marking shall be done by machine. For locations where painting cannot be done by machine, approved manual methods shall be used with prior approval of Engineer-In-Charge. The Contractor shall maintain control over traffic while painting operations are in progress so as to cause minimum inconvenience to traffic compatible with protecting the workmen. 1.4.7.2 The pavement temperature shall not be less than 100C during application. All surfaces to be marked shall be thoroughly cleaned of all dust, dirt, grease, oil and all other foreign matter before application of the paint. 1.4.7.3 The finished lines shall be free from ruggedness on sides and ends may be parallel to the general alignment of the carriageway. The upper surface of the lines shall be level, uniform and free from streaks. 1.4.7.4 Laying thickness of road marking paint shall be 2.5 mm thick uniformly laid as specified. 1.4.8 Properties of Finished Road Marking

(a) The stripe shall not be slippery when wet. (b) The marking shall not be lift from the pavement in freezing weather. (c) After application and proper drying, the stripe shall show no appreciable deformation or discolouration under traffic and under road temperature upto 600C. The marking shall not deteriorate by contact with Sodium Chloride, Calcium Chloride or oil drippings from traffic. (d)The stripe or marking shall maintain its original dimensions and position. Cold ductility of the material shall be such as permit normal movement with the road surface without chopping or cracking. (e) The colour of yellow marking shall conform to IS Colour No. 356 as given in IS; 164

1.4.9 Arrangement for Traffic During road marking paints applied on surface, arrangement for traffic shall be made in accordance with the provisions of Clause 112 of MORTH specifications. 1.4.9.1 Measurement for Payment The painted marking shall be measured in square meters of actual area marked (excluding the gaps, if any). 1.4.9.2 Rate The contract unit rate for road marking shall be payment in full compensation for furnishing of all labour, material, tools, equipments, including all incidental costs necessary for carrying out the work at the site conforming to these specifications or as directed by the Engineer-In-Charge.

(Signature of contractor) For Accepting Officer

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Appendix ‘C’ (Ref para-15 (f) of forwarding letter)

UNDERTAKING BY AUTHORISED SIGNATORY

I, the under signed do hereby undertake that our firm M/s ___________ _________ __________ agree to abide by Terms and conditions of Tender No. CE (P) SPK/16/2018-19 for “PROVIDING, LAYING AND COMPACTION OF 30 MM THICK BITUMINOUS CONCRETE INCLUDING TACK COAT INCLUDING CORRECTION WORK WITH 50 MM THICK BITUMINOUS MACADAM INCLUDING TACK COAT, PROVIDING EDGE LINE WITH WHITE THERMOPLASTIC ROAD MARKING PAINT ON BOTH EDGES OF WEARING COURSE AND MAKING UP LOSS OF MATERIALS/IRREGULARITIES ON SHOULDER WITH APPROVED MATERIAL AND COMPACTION UPTO DESIRED DENSITY FOR RESURFACING WORKS ON ROAD LAM BADLUN BETWEEN KM 0.00 TO KM 7.740 ON ROAD LAM-PATRARI-THANDIKASSI BETWEEN KM 0.00 TO KM 15.975 ON ROAD KALSIAN-FDL 546 BETWEEN KM 0.00 TO KM 5.413 AND ON ROAD SAROL KERI-PIRBHADESHWAR BETWEEN KM 0.00 TO KM 3.75, KM 4.250 TO KM 5.500 AND KM 12.160 TO KM 30.340 (TOTAL 51.02 KMS EQVT CL-9) UNDER 58 RCC IN 31 BRTF AREA UNDER PROJECT SAMPARK” from page No. _______to __________ is advertised the CPPP site http://eprocure.gov.in/eprocure/app and it shall be binding on us and may be accepted at any time before the expiration of that tender condition.

______________________________________ (Signed by an Authorized Officer of the Firm)

_____________________ Title of Officer

_____________________ Name of Firm

____________ Date