REQUEST FOR PROPOSAL - Municipal Corporation Jalandhar

these requirements may result in disqualification. Decision of MCJ on equivalency of candidates
shall be final.
4.6 Signing of Contract and Commencement
Promptly after notification, the Client shall send to the successful Consultant the Contract and the
Special Conditions of Contract. Pursuant to negotiations, the successful Consultant shall sign, date,
and return the Contract, along with necessary supporting documents and performance guarantee
(5% of contract value) to the Client. All formalities of negotiation and signing of contract will be
completed within Fifteen (15) days of receipt of notification of award from MCJ. Failure to do so
may result in forfeiture of EMD of the successful bidder. With this, MCJ shall be free to discuss,
negotiate and enter into an agreement with the next (II lowest) bidder.
The Consultant is expected to commence the Services on the date and at the location specified in
the Agreement. However, it is to be noted that project shall have to be completed within 180
days of signing of the agreement.
4.7 TERMINATION OF THE CONTRACT
Termination of the contract in the event of default of Agency
a) If contractor/agency fails to comply with the conditions of stipulated project schedule (as a
part of agreement) and does not carry out works as per stipulated project schedule,
Municipal Commissioner or his authorized representative shall call for explanation by issuing
notice to the contractor/agency.
b) The Municipal Commissioner shall be entitled to terminate this contract on account of an
Event of Default of the firm/agency and shall do so by issuing 10 days show cause notice
calling the explanation from the Agency as to why the contract shall not be terminated for the
reason stated therein. If the satisfactory explanation is not received in the views of Municipal
Commissioner, contract shall be terminated.
c) The Municipal Commissioner on such notice shall have powers to:
i) Take possession of the work done so far by the contractor/agency.
ii)
iii)
iv)
Carry out the remaining incomplete work by deploying another suitable agency at the
discretion of the Municipal Commissioner at the risk and cost of the original
contractor (whose contract has been terminated).
Undertake an assessment of the works and other aspects of the project to ascertain
the amount of work completed by the contractor. A Panel comprising of officials,
appointed by the Municipal Commissioner would undertake the assessment of the
payments to be made (or to be collected from the contractor), and decision of the
panel shall be final and binding on the contractor.
The Municipal Commissioner shall forfeit the EMD, security deposits/performance
guarantee without prejudice to the Municipal Commissioner right to recover from the
firm/Agency any amount that may be due to it.
v) The Contractor/Agency shall have no claim to compensation to any loss sustained to
him by reason of his having purchased or procured any material or entered into any
commitments or made any advance on account of or with a view to the execution of
the project of the performance of the contract and the Agency shall not be entitled to
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