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