Municipal Corporation Yamuna Nagar-Jagadhri PUBLIC NOTICE/TENDER NOTICE

Transcription

1 Yamuna Nagar-Jagadhri PUBLIC NOTICE/TENDER NOTICE Jagadhri hereby invites online bids on its website: ocurement.gov.in from the Eligible Contracrs/Firms enlisted on the approved list of Haryana State PWD, CPWD, HUDA, HSAMB, ities etc. having expertise and experience in completion of the similar works in Single Stage Two Cover System i.e. Request for Pre-Qualification/Technical Bid (online Bid under PQQ / Technical Envelope) and Request for Financial Bid (Comprising of Price Bid Proposal under online available Commercial Envelope):- SR. NO NAME OF DEPARTMENT/BOA RD/CORP./AUTH NAME OF WORK/NOTICE/TENDER Const. of Street & Drain from H/o Sh. Lal Chand Park in Atam Nagar Colony, Const. of Rasta for Shivdham in Village Bhagwangarh. Const. of Street & Drain from H/o Jaswanti Devi H/o Sh. Sawan Singh in Bharat Sewak Nagar, Const. of Street & Drain from Aara machine of Sh. Paramanand Dhiman H/o Rajbir in Bharat Sewak Nagar, Const. of Street from Main Gali H/o Rajesh & Gulshan in Vill. Bhali. Const. of Shed of Shamshan Ghat & Boundary wall & Other Works in Village Bhali. OPENING DATE CLOSING DATE (TIME) up 6:00 PM up 6:00 PM up 6:00 PM up 6:00 PM up 6:00 PM up 6:00 PM AMOUNT/EMD (APPROX.) in Rupees Bid Docoument cost in Rs = = =1590 Society EMD Contracr Time Limit days days days days days days WEBSITE OF THE NODAL OFFICER/CONTACT DEPARTMENT/BOARD/COR DETAILS/ P.AUTH TENDERREF.N O / TENDER NO

2 7 Const. of Sitting Shed & Benches & Other Works in Village Buria. up 6:00 PM days Const. of Boundary Wall & Room in Shivdham in Village Chaneti. up 6:00 PM days Development works of Shamshan Ghat in Village Ghari Banjra. up 6:00 PM days Development works of Shamshan Ghat in village Madhuwala up 6:00 PM days Development works of Shamshan Ghat in village Mukarabpur up 6:00 PM days Const. of Shed Boundary Wall & Florring work in Village Nabh. Const. of Shed Boundary Wall & days up 6:00 PM Const. of Street & Drain from H/o Sh. Ram Saran Rana ji H/o Sh. Sanjeev Sharma in Ram Nagar Colony, up 6:00 PM = days Const. of Boundary Wall of Shamshan Ghat in Shankarpuri Colony, up 6:00 PM days Const. of Sitting Shed of Shamshan Ghat in Shankarpuri Colony, up 6:00 PM days

3 16 Flooring & Tiling work & Other works in Shamshanghat in Shankarpuri Colony, Jgadhri. up 6:00 PM days Development works of Shamshan Ghat in Village Telipura, up 6:00 PM days Const. of Street from H/o Sh. Ghanshyam Dass H/o Sh. Balram in Vasudev Colony, up 6:00 PM days Laying of Pipe Line Amit Medicose Chhachhroli Road in Vijay Nagar Colony, up 6:00 PM days Const. of Street Amit Medicose Chhachhroli Road, in Vijay Nagar Colony, up 6:00 PM days Const. of Street from Main Gal i Shiv Mandir in Ward No. 2, Const. of Street from Main Gal i days =1590 up 6:00 PM Const. of Street from H/o Rachna Ram Main Gali in Village Bhali, up 6:00 PM = days Const. of Street & Drain from Mandir Chowk H/o Satpal in Village Bhali, up 6:00 PM = days Development works of Shamshanghat in Gulab Nagar, up 6:00 PM days

4 25 Development works of Shamshan Ghat in Village Jaroda, up 6:00 PM days Cosnt. Of Street from Main road H/o Hukam Chand, in Village Manakpur, up 6:00 PM = days Const./ Completion of SC Chopal in Nalagarh, up 6:00 PM days Development works of Shamshan Ghat in Nalagarh, up 6:00 PM days Const. of Street from H/o Mahar Chand H/o Dalbir in Saraswati Colony, up 6:00 PM days Development works of Shamshan Ghat in Village Telimajra Development works of Shamshan days up 6:00 PM Const. of Street & Drain from H/o Chamela Ram H/o Suresh in Udhamgarh ki Majri, up 6:00 PM = days Development works of Shamshan Ghat in Village Udhamgarh, up 6:00 PM days

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10 Special Instruction for online bin Preparation Under this process, the Pre-qualification/ Technical online bid Application as well as online Price Bid shall be invited at single stage under two covers i.e. PQQ/Technical & Commercial Envelope. Eligibility and qualification of the Applicant will be first examined based on the details submitted online under first cover (PQQ or Technical) with respect eligibility and qualification criteria prescribed in this Tender document. The Price Bid under the second cover shall be opened for only those Applicants whose PQQ/ Technical Applications are responsive eligibility and qualifications requirements as per Tender document. 1. The payment for Tender Document Fee and e-service Fee shall be made by eligible bidders online directly through Debit Cards & Internet Banking Accounts and the payment for EMD can be made online directly through RTGS/NEFT available at the Single e-procurement portal of GoH (Govt. of Haryana) and also mentioned under the Tender Document. 2. Intending bidders will be mandarily required online sign-up (create user account) on the website be eligible participate in the e-tender. He/She will be required make online payment of wards EMD fee in due course of time. The intended bidder fails pay EMD fee under the stipulated time frame shall not be allow submit his / her bids for the respective event / Tenders. 3. The interested bidders must remit the funds at least T+1 working day (Transaction day + One working Day) in advance i.e. on or before; and make payment via RTGS /NEFT the beneficiary account number specified under the online generated challan. The intended bidder / Agency thereafter will be able successfully verify their payment online, and submit their bids on or before the expiry date & time of the respective events/tenders at The interested bidders shall have pay mandarily e-service fee (under document fee Non refundable) of Rs.1000/- (Rupee One Thousand Only) online by using the service of secure electronic gateway. The secure electronic payments gateway is an online interface between bidders & online payment authorization networks. The Payment for document fee/ e-service fee can be made by eligible bidders online directly through Debit Cards & Internet Banking. The Bidders can submit their tender documents (Online) as per the dates mentioned in the key dates:- Important Note: 1) The Applicants/bidders have complete Application / Bid Preparation & Submission stage on scheduled time as mentioned above. If any Applicant / bidder failed complete his / her aforesaid stage in the stipulated online time schedule for this stage, his / her Application/bid status will be considered as Applications / bids not submitted. 2) Applicant/Bidder must confirm & check his/her Application/bid status after completion of his/her all activities for e-bidding. 3) Applicant/Bidder can rework on his/her bids even after completion of Application/Bid Preparation & submission stage (Application/Bidder Stage), subject the condition that the rework must take place during the stipulated time frame of the Applicant/Bidder Stage. 4) In the first instance, the online payment details of tender document fee + e-service and EMD & PQQ/Technical Envelope shall be opened. Henceforth financial bid quoted against each of the item by the shortlisted bidder/ Agency wherever required shall be opened online in the presence of such bidders/ Agency who either themselves or through their representatives choose be present. The bidder can submit online their bids as per the dates mentioned in the schedule/key Dates above.

11 1. Eligibility Criterion: A) The eligible contracrs /firms enlisted on the approved list of Haryana State PWD, CPWD, HUDA, HSAMB/IRRIGRATION M.E.S., Railways, and others Central Governments or State Governments/State etc. 2. Bid documents can be downloaded online from the portal ocurement.gov.in by the Agencies/ Contracr/ L&C ( Societies) registered on the Portal. The bids be submitted online are required be digitally signed, the bidders are therefore advised obtain Digital Signature at the earliest. For further details, terms and conditions please visit the website ocurement.gov.in. 3. The Bidders are therefore required keep the scanned copies of prequalification and other documents of the above mentioned documents ready. The bids shall be submitted online in two separate envelopes: Envelope 1: Technical Bid The bidders shall upload the required eligibility & technical documents online in the Technical Bid. Envelope 2: Commercial Bid The bidders shall quote the prices in price bid format under Commercial Bid. 4. The contractual agencies should submit their tender documents (Online) strictly as per schedule dates. 5. In case, the day of opening of tenders happens be holiday, the tenders will be opened on the next working day. The time and place of receipt of tenders and other conditions will remain unchanged. 6. The L & C societies shall produce an attested copy of the resolution of the Co-Operative department for submission of online bids in the e-tendering system and should be submitted physically MC Sonipat office along with other Bid documents. 7. The tender of the bidder who does not satisfy the qualification criteria in the bid documents are liable be rejected summarily without assigning any reason and no claim whatsoever on this account will be considered. 8. If any tenderer, modifies or withdraws his tender subsequent submitting it the while on one hand he is liable be blacklisted, on the other hand his earnest money shall be forfeited without prejudice other rights and remedies available the MC. 9. The approval of the acceptance of tender will rest with the concerned competent authority who does not bind himself accept the lowest tender and reserves himself the authority reject any or all of tenders received without the assignment of any reason. 10. Sales / works Tax, Income Tax, Labour cess or any other tax will be deducted from the bills of contracr as per the instructions of the Govt.

12 Instructions bidder on Electronic Tendering System These conditions will over-rule the conditions stated in the tender documents, wherever relevant and applicable. 1. Registration of bidders on e-procurement Portal:- All the bidders intending participate in the tenders process online are required get registered on the centralized e - Procurement Portal i.e. Please visit the website for more details. 2. Obtaining a Digital Certificate: 2.1) The Bids submitted online should be encrypted and signed electronically with a Digital Certificate establish the identity of the bidder bidding online. These Digital Certificates are issued by an Approved Certifying Authority, by the Controller of Certifying Authorities, Government of India. 2.2) A Digital Certificate is issued upon receipt of mandary identity (i.e. Applicant s PAN Card) and Address proofs and verification form duly attested by the Bank Manager / Post Master / Gazetted Officer. Only upon the receipt of the required documents, a digital certificate can be issued. For more details please visit the website 2.3) The bidders may obtain Class-II or III digital signature certificate from any Certifying Authority or Sub-certifying Authority authorized by the Controller of Certifying Authorities or may obtain information and application format and documents required for the issue of digital certificate from. 2.4) The bidder must ensure that he/she comply by the online available important guidelines at the portal for Digital Signature Certificate (DSC) including the e-token carrying DSCs. 2.5) Bid for a particular tender must be submitted online using the digital certificate (Encryption & Signing), which is used encrypt and sign the data during the stage of bid preparation. In case, during the process of a particular tender, the user loses his digital certificate (due virus attack, hardware problem, operating system or any other problem) he will not be able submit the bid online. Hence, the users are advised keep a backup of the certificate and also keep the copies at safe place under proper security (for its use in case of emergencies). 2.6 In case of online tendering, if the digital certificate issued the authorized user of a firm is used for signing and submitting a bid, it will be considered equivalent a no-objection certificate /power of atrney / lawful authorization that User. The firm has authorize a specific individual through an authorization certificate signed by all partners use the digital certificate as per Indian Information Technology Act Unless the certificates are revoked, it will be assumed represent adequate authority of the user bid on behalf of the firm in the department tenders as per Information Technology Act The digital signature of this authorized user will be binding on the firm. 2.7 In case of any change in the authorization, it shall be the responsibility of management / partners of the firm inform the certifying authority about the change and obtain the digital signatures of the new person / user on behalf of the firm / company. The procedure for application of a digital certificate however will remain the same for the new user. 2.8 The same procedure holds true for the authorized users in a private/public limited company. In this case, the authorization certificate will have be signed by the direcrs of the company. 3. Pre-requisites for online bidding: In order operate on the electronic tender management system, a user s machine is required be set up. A help file on system setup/pre-requisite can be obtained from Nextenders (India) Pvt. Ltd. or downloaded from the home page of the website - The link for downloading required java applet & DC setup are also available on the Home page of the e-tendering Portal. 4. Online Viewing of Detailed Notice Inviting Tenders: The bidders can view the detailed N.I.T and the time schedule (Key Dates) for all the tenders floated through the single portal eprocurement system on the Home Page at 5. Download of Tender Documents: The tender documents can be downloaded free of cost from the eprocurement portal 6. Key Dates: The bidders are strictly advised follow dates and times as indicated in the online Notice Inviting Tenders. The date and time shall be binding on all bidders. All online activities are time tracked and the system enforces time locks that ensure that no activity or transaction can take place outside the start and end dates and the time of the stage as defined in the online Notice Inviting Tenders. 7. Online Payment of Tender Document Fee, eservice fee, EMD fees & Bid Preparation & Submission (PQQ/ Technical & Commercial/Price Bid): i) Online Payment of Tender Document Fee + e-service fee: The online payment for Tender document fee, eservice Fee & EMD can be done using the secure electronic payment gateway. The Payment for Tender Document Fee and eservice Fee shall be made by bidders/ Vendors online directly through Debit Cards & Internet Banking Accounts and the Payment for EMD shall be made online directly through RTGS / NEFT. The secure electronic payments gateway is an online interface between contracrs and Debit card / online payment authorization networks. ii). PREPARATION & SUBMISSION Of online APPLICATIONS/BIDS:

13 Detailed Tender documents may be downloaded from e-procurement website ( and tender mandarily be submitted online. Scan copy of Documents be submitted/uploaded for Prequalification or Technical bid under online PQQ/ Technical Envelope: The required documents (refer DNIT) shall be prepared and scanned in different file formats (in PDF /JPEG/MS WORD format such that file size is not exceed more than 10 MB) and uploaded during the on-line submission of PQQ or Technical Envelope. FINANCIAL or Price Bid PROPOSAL shall be submitted mandarily online under Commercial Envelope and original not be submitted manually) 8. ASSISTANCE TO THE BIDDERS:- Technical Support Assistance will be available between 09:00 am To 5:30 pm From Monday Friday , Office will remain closed on Saturday, Sunday and National Holidays. Important Note:- All queries would require be registered at our official - for on-time support. (Only those queries which are sent through along with appropriate screenshots or error description will be considered as registered with the Help-desk). Contact our helpdesk on or before prior 4 hours of the scheduled closing date & time of respective e-auction/ Tender event. For queries pertaining epayment of EMD, please contact the helpdesk at least 2 business days prior the closing date & time of eauction/tender event. Help-desk support will remain closed during lunch break i.e. from 1:30 PM up 2:15 PM on each working day. Office Address for Training workshop on 1 st, 2 nd Wednesday (from 3:30 pm up 5:00 pm) of each month Nextenders India Pvt.Ltd Faridabad Near B.K.Chowk, Opp. B.K.Hospital NIT, Faridabad Contact for Training Nextenders India Pvt.Ltd Public Health Division No 2 Hisar, Model Town, Opp. N.D Gupta Hospital, Hisar Contact for Training Nextenders (India) Pvt. Ltd. Nirman Sadan (PWD B&R) Plot No.- 01, Basement, Dakshin Marg, Sec- 33 A, Chandigarh Contact for Training ,2009 Help Desk contact details for Saturday and Sunday are as under for escalation Level-1 1.Mr.Lalit Saini Chandigarh@nextenders.com Timings- 9:00 am 5:30 pm 2.Mr. Tinku Singh Chandigarh@nextenders.com Timings-9:00 am 5:30 pm NOTE:- Bidders participating in online tenders shall check the validity of his/her Digital Signature Certificate before participating in the online Tenders at the portal For help manual please refer the Home Page of the e-procurement website at and click on the available link How...? download the file.

14 Guideline for Online Payments in e-tendering Post registration, bidder shall proceed for bidding by using both his digital certificates (one each for encryption and signing). Bidder shall proceed select the tender he is interested in. On the respective Department s page in the e-tendering portal, the Bidder would have following options make payment for tender document & EMD: A. Debit Card B. Net Banking C. RTGS/NEFT Operative Procedures for Bidder Payments A) Debit Card The procedure for paying through Debit Card will be as follows. (i) Bidder selects Debit Card option in e-procurement portal. (ii) The e-procurement portal displays the amount and the card charges be paid by bidder. The portal also displays the tal amount be paid by the bidder. (iii) Bidder clicks on Continue butn (iv) The e-procurement portal takes the bidder Debit Card payment gateway screen. (v) Bidder enters card credentials and confirms payment (vi) The gateway verifies the credentials and confirms with successful or failure message, which is confirmed back e-procurement portal. (vii) The page is aumatically routed back e-procurement portal (viii) The status of the payment is displayed as successful in e-procurement portal. The e-procurement portal also generates a receipt for all successful transactions. The bidder can take a print out of the same, (ix) The e-procurement portal allows Bidder process another payment attempt in case payments are not successful for previous attempt. B) Net Banking The procedure for paying through Net Banking will be as follows. (i) Bidder selects Net Banking option in e-procurement portal. (ii) The e-procurement portal displays the amount be paid by bidder. (iii) Bidder clicks on Continue butn (iv) The e-procurement portal takes the bidder Net Banking payment gateway screen displaying list of Banks (v) Bidder chooses his / her Bank (vi) The Net Banking gateway redirects Bidder the Net Banking page of the selected Bank (vii) Bidder enters his account credentials and confirms payment (viii) The Bank verifies the credentials and confirms with successful or failure message the Net Banking gateway which is confirmed back e-procurement portal. (ix) The page is aumatically routed back e-procurement portal (x) The status of the payment is displayed as successful in e-procurement portal. The e-procurement portal also generates a receipt for all successful transactions. The bidder can take a print out of the same. (xi) The e-procurement portal allows Bidder process another payment attempt in case payments are not successful for previous attempt. C) RTGS/ NEFT The bidder shall have the option make the EMD payment via RTGS/ NEFT. Using this module, bidder would be able pay from their existing Bank account through RTGS/NEFT. This would offer a wide reach for more than 90,000 bank branches and would enable the bidder make the payment from almost any bank branch across India. I. Bidder shall log in the client e-procurement portal using user id and password as per existing process and selects the RTGS/NEFT payment option. ii. Upon doing so, the e-procurement portal shall generate a pre-filled challan. The challan will have all the details that is required by the bidder make RTGS-NEFT payment. iii. Each challan shall therefore include the following details that will be pre-populated: Beneficiary account no: (unique alphanumeric code for e-tendering) Beneficiary IFSC Code: Amount: Beneficiary bank branch: Beneficiary name: iv. The Bidder shall be required take a print of this challan and make the RTGS/NEFT on the basis of the details printed on the challan. v. The bidder would remit the funds at least T + 1 day (Transaction + One day) in advance the last day and make the payment via RTGS / NEFT the beneficiary account number as mentioned in the challan. vi. Post making the payment, the bidder would login the e-tendering portal and go the payment page. On clicking the RTGS / NEFT mode of payment, there would be a link for real time validation. On clicking the same, system would do au validation of the payment made.

15 Sr no. Scenario Do's / Don t's Do s It is the bidder s responsibility ensure that RTGS/NEFT payments are made the exact details as mentioned in the challan which are: 1) Beneficiary account no: <client code> + <random number> 2) Beneficiary IFSC Code: As prescribed by ICICI Bank (this shall remain same across all tenders) 3) Amount: As mentioned on the challan. It is specific for every tender/transaction 4) Beneficiary bank branch: ICICI Bank Ltd, CMS 5) Beneficiary name: As per the challan For every tender, details in the challan are different and specific that tender only. Bidder should not make use of a challan for making payment for another tenders EMD It is advised that all the bidders make payment via RTGS/NEFT at least one day in advance the last day of tender submission as certain amount of time is required for settlement and various parites are involved. The payment may not be available for the bidder validation. In such cases bidder may not be able submit the tender Bidder has make only single payment against a challan as per the amount mentioned on the challan. Bidder must do the payment before tender validity gets expired 1 In the event of making Payment through NEFT/RTGS Don t s Bidder should not enter erroneous details while filling the NEFT/RTGS form at their bank. The following possibilities may arise: 1) Incorrect IFSC code mentioned:- Transaction would be rejected and the amount would be refunded back in the bidders account 2) Incorrect Beneficiary account number mentioned(<client code> + <random number>):- a) In case, the beneficiary account number mentioned is incorrect the transaction would be rejected and the bid would not be accepted. 3) Incorrect Amount mentioned: The amount would be rejected if the amount mentioned in while making the payment is incorrect. Such cases will be captured as unreconciled transactions and will be au-refunded directly bidder s account. In the event of any discrepancy, payment would not be considered and bidder would not be allowed bid/ participate. Bidder is not supposed use challan generated in one tender for payment against another tender since details in the challan are unique the tender and bidder combination. Bidder must not make multiple or split payments against a particular challan. Any split payment received against the same challan will be refunded back the bidder. Bidder would not be entitled claim that he is deprived of participating in the tender because his funds are blocked with the division on account of incorrect payment made by the bidder

16 CONDITIONS OF CONTRACT Clause-1 Security deposit. this will be the same percentage as that tender at (d) of Pre-page: The person/persons whose tender may be accepted (hereinafter called contracr) shall deposit an amount equal ten percent of the estimated cost of the work with the Executive Engineer (Earnest money shall be accounted for as per memorandum) within 10 days of the acceptance of the tender by way of security deposit, in case of a default, the earnest money already lying with the Executive Engineer shall stand absolutely forfeited the MUNICIPAL CORPORATION, YAMUNANAGAR-JAGADHRI. or his successor in office and the contract, shall stand terminated or in the alternative at the discretion of the Engineer-in charge, the contracr may be required permit MUNICIPAL CORPORATION, YAMUNANAGAR-JAGADHRI. at the time of making any payment him for the work done under the contract deduct such sum as will (with the earnest money deposit by him) amount of 10% of all money payable. Such deductions be held by MUNICIPAL CORPORATION, YAMUNANAGAR- JAGADHRI. by way of security deposit. All compensation or other sums of money payable by the contracr MUNICIPAL CORPRA-TION, YAMUNANAGAR-JAGADHRI. under the terms of this contract may be deducted from his security deposit or from any sums which may be due or become due the contracr by MUNICIPAL CORPORATION, YAMUNANAGAR-JAGADHRI. on any account whatsoever, and in the event of his security deposit or from any sums which may be due or become due the contracr by MUNICIPAL CORPORATION, YAMUNANAGAR-JAGADHRI. on any account whatsoever, and in the event of his security deposit being reduced by reason of any such deduction the contracr shall within 10 days thereafter make good in cash as aforesaid any sum or sums may have been deducted from his security deposit or any part thereof. Clause-2 Compensation of delay: The time allowed for carrying out the works as entered in the tender shall be strictly observed by the contracr and shall be reckoned from the date on which the order commence work is given the contracr. The work shall through out the stipulated period of the contract be proceeded with all due diligence (time being deemed be the essence of the contract on part of the contracr) and the contracr shall pay as compensation an amount of the equal one percent which the Executive Engineer-in-charge may levy on the amount of the estimated cost of the whole work as shown by the tender for everyday that the work remains uncommenced or unfinished, after the proper dates. And, further ensure good progress during the execution of the work, the contracr shall be bound in all cases in which the time allowed for any work exceeds one month, complete one fourth of the whole of the work before one fourth of the whole time allowed under the contact has elapsed; one half of the work, before one half of such time has elapsed; and three-fourth of the work, before threefourth of such time has elapsed. In the event of the contracr failing comply with this condition, he shall be liable pay as compensation an amount equal one percent which the Engineer-in-charge may levy on the said estimated cost of the whole work for everyday that the due quantity of work remains incomplete; provided always that the entire amount of compensation be paid under the provision of this clause shall not exceed ten percent on the estimated cost of work as shown in the tender. The Superintending Engineer MUNICIPAL CORPORATION, YAMUNANAGAR-JAGADHRI. may on representation from the contracr reduce the amount of compensation and his decision in writing shall be final. Clause-3 Action when whole of security deposit is forfeited In any case in which under any clause or clauses of this contract the contracr shall have rendered himself liable pay any compensation the Executive Engineer on behalf of the MUNICIPAL CORPORATION, YAMUNANAGAR-JAGADHRI shall have power adopt any of the following courses as he may deem best suited the interests of MUNICIPAL CORPORATION, YAMUNANAGAR- JAGADHRI Page 1

17 (a) To rescind the contract of which recision notice in writing the contracr under the hand of Executive Engineer shall be conclusive evidence, and in which case the security deposit of the contracr shall stand forfeited, and be absolutely at the disposal of the MUNICIPAL CORPORATION, YAMUNANAGAR-JAGADHRI (b) To employ labour paid by the MUNICIPAL CORPORATION, YAMUNANAGAR-JAGADHRI. and supply material carry out the work, or any part of the work, debiting the contracr with the cost of the labour and the price of the materials (as the amount of which cost and price a certificate of the Executive Engineer shall be final and conclusive against the contracr), and crediting him with the value of the work done, in all respects in the same manner and at the same rates as if it had been carried out by the contracr under the terms of his contract; The certificate of the Executive Engineer as the value of the work done shall be final and conclusive against the contracr. (c) To measure up the work of the contracr, and take such part thereof as shall be unexecuted out of his hands, and give it another contracr complete, in which case any expenses which may be incurred in excess of the sum which would have been paid the original contracr if the whole work had been executed by him ( as the amount of which excess the certificates in writing of the Executive Engineer shall be final and conclusive) shall be borne and paid by the original contracr, and may be deducted from any money due him by MUNICIPAL CORPORATION, YAMUNANAGAR-JAGADHRI. under the contract or otherwise or from his security deposit or the proceed of sale thereof, or a sufficient part thereof. In the event of any of the above courses being adopted by the the contracr shall have no claim compensation for any loss sustained by him by reason of his having purchased or procured any materials, or entered in any engagements, or made any advances on account of, or with a view, the execution for the work or the performance of the contract; and, in case the contract shall be rescinded under the provision aforesaid, the contracr shall not be entitled recover or be paid and sum for any work therefore actually performed under this contract unless and until the Executive Engineer shall have certified in writing the performance of such work and the value payable in respect thereof, and the contracr shall only be entitled be paid the value so certified. Clause-4 Contracr remains liable pay compensation if action not taken under Clauses 3: In any case in which any of the powers conferred upon the Executive Engineer by clause 3 hereof shall have become exercisable and the same are not exercised, the non exercise thereof shall not constitute waiver of any of the conditions hereof, and such powers shall, not withstanding be exercisable in the event of any future case of default by the contracr for which by any clause or clauses hereof he is declared liable pay compensation amounting the whole of his security deposits, and the liability of the contracr for past and future compensation shall remain unaffected. Power take possession or require removal or sell contracr s plant: In the event of the Executive Engineer putting in force either of the power (a) or (c) vested in him under the proceeding clause, he may, if he so, desires, take possession of all or any ols, plant; materials and sres, in or upon the works, or the site thereof, or belonging the contracr, or procured by him and intended be used for the execution of the work or any part thereof, paying or allowing for the same in account at the contract rates, or in case of these not being applicable at current market rates be certified by the Executive Engineer whose certificate there of shall be final otherwise the Executive Engineer may by notice in writing the contracr or his clerk of the works, foreman or other authorized agent require him remove such ols, plant, materials or sres from the premises (within a time be specified in such notice); and in the event of the contracr s failing comply with any such requisition, the Executive Engineer may remove them at the contracr s expenses or sell them by auction or private sale on account of the contracr and at his risk in all respects, and the certificate of the Executive Engineer as the expense of any such removal, and the amount of the proceeds and expense of any such sale, shall be final and conclusive against the contracr. Page 2

18 Clause 5 Extension of time: if the contracr shall desire an extension of the time for completion of the work on the ground of his having been unavoidably hindered in its execution or on any other ground, he shall apply in writing the Executive Engineer within 30 days from the date of the hindrance but before the expiry of the contractual period on account of which desires such extension as aforesaid, and the competent authority shall, if, in his opinion (which shall be final), reasonable grounds be shown therefore, authorise such extension of time, if any, as may, in his opinion, be necessary or proper. Clause 5 (a) Contracr submit a return every month on any work claimed as extra: District rate mean the Haryana PWD Building and Road Branch rates for that District The contracr shall deliver in the office of the Executive Engineer on or before 10 th day of every month during the continuance of the work covered by his contract a return showing details of any work claimed for as extra, and such return shall also contain the value of such work as claimed by the contracr, which value shall be based upon the rates and prices in the contract of Schedule of Rates in force in the District for the time being. The contracr shall include in such monthly return particulars of all claims of whatever kind, however, arising which at the date thereof he has or may claim have against the Executive Engineer or in respect of a manner arising out of execution of work and the contracr shall deemed have waived all claims not included in such return and will have no right enforce any such claim not so inclined whatever be the circumstances. Clause 6 Final Certificate: Without prejudice the rights of MUNICIPAL CORPORATION, YAMUNANAGAR- JAGADHRI. under any clause hereinafter contain on completion of the work, the contracr shall be furnished with the certificate by the Executive Engineer (hereinafter call the Engineer-in-charge) of such completion, but no such certificate shall be given, nor shall the work be considered be complete until the contracr shall have removed from premises on which the work shall be executed, all scaffolding, surplus materials and rubbish, and clean of the dirt, all woodwork, walls, floors other part of any building in, upon or about which the work is be executed, or of which he may have had possession for the purpose of execution thereof, and the measurement in the said certificate shall be binding and conclusive against the contracr; If the contracr shall fail comply with the requirements of this clause as removal of scaffolding, surplus materials and rubbishs and cleaning of dirt on or before the date fixed for the completion of the work, the Engineer-in-charge may, at the expense of the contracr, remove such scaffolding, surplus materials and rubbish, and dispose of the same as he thinks fit, and clean of such dirt as aforesaid; and the contracr shall forthwith pay the amount of all expenses so incurred and shall have no claim in respect of such scaffolding or surplus materials as aforesaid, except for any sum actually realized by the sale thereof. Clause 7 Payments on intermediate certificates be regarded as advances: No payment shall be made for works the estimated cost of less than one thousand Rs. till after the whole of the works shall have been completed and a certificate of completion is given. But in the case of works estimated cost more than rupees on thousand the contracr shall on submitting the bill therefore, be entitled receive a monthly payment proportionate the part thereof then approved and passed by Engineer-in-charge, whose certificate of such approval and passing of the sum so payable shall be final and conclusive against the contracr; But all such intermediate payments shall be regarded as payments by way of advance against the final payments only and not as payment for the work actually done and completed, and shall not preclude the requiring of bad, unsound and imperfect or unskillful work be removed an taken away and reconstructed, or re-erected, or be considered as an admission of the due performance of the contract, or any part thereof in any respect or the accruing of any claim, nor shall it conclude, determine or effect in any way the powers of the Engineer-in-charge under these terms and conditions or any of them as the final settlement and adjustment of accounts or otherwise, or in any other way vary or affect the contract. The final bill shall be submitted by the contracr within one month of the date fixed for completion of the work, Page 3

19 Otherwise the Engineer-in-charge s certificate of the measurement shall be final and binding on all parties. The amount payable, however, shall be determined after pre-audit of the bill by the accounts Department otherwise the amount already determined by the Engineer-in-charge shall become binding on both parties. Both the Engineer-in-charge and the Accounts Department shall inform the contracrs by registered post of the fact the movement of the final bill and the amount thereof. Clause-7(a) Security be released 3 months after the payment of final bill: The deduction referred in clause l herein before or such part-thereof as may be due the contracr under this contract shall be payable contracr after a period of three month has elapsed after the payment of final bill. Clause-8 Bills be submitted monthly : A bill shall be submitted by the contracr each month on or before the date fixed by the Engineer-in-charge for all works executed in the previous month, and the Engineer-in-charge shall take, or cause be taken, the requisite measurements for the purpose of having the same verified, and the claim, so far as admissible, adjusted, if possible, before the expiry of ten days from the presentation of the bill. If the contracr does not submit the bill with in the time fixed as aforesaid, the Engineer-in-charge may depute a subordinate measure up the said work in the presence of the contracr, whose counter signature the measurement list will be sufficient warrant, and the Engineer-in-charge may prepare a bill from such list which shall be binding on the contracr in all respect. Clause-9 Bill be on printed format : The contracr shall submit all bills in triplicate on printed forms be had on application from the office of the Engineer-in-charge and the charges in the bills shall always be entered at the rates specified in the tender, or, in the case of any extra work ordered in pursuance of these conditions, and not mentioned or provided for in the tender, at the rates hereinafter provided for such work. Clause-10 Sre supplied : If the specification or the estimate of the work provides for the use of any special description of materials be supplied from Engineer-in-charge s sre, or, if it is required that the contracr shall use certain sres be provided by the Engineer-in-charge (such materials & sres and the prices be charged therefore hereinafter mentioned being, so far as practicable, for the convenience of the contracr, but not so as in any way control the meaning or effect of this contract, specified in the schedule or memorandum here annexed), the contracr shall be supplied with such materials and sres as required from time be used by him for the purpose of the contract only, and values of the full quantities of materials and sres, required from time be used by him for the purpose of the contract only, and value of the full quantity of materials and sres so supplied at the rates specified in the said schedule or memorandum may be set off or deducted from any sums then due, or from the security deposit. All materials supplied the contracr shall remain the absolute property of the MUNICIPAL CORPORATION,, and shall be kept in safe cusdy of contracr but shall not on any account be removed from the site of the work without the written permission of the Engineer-in-charge, and shall at all times be open inspection by him. Any such materials unused and in perfectly good condition at the time of the completion of the contract, shall be returned the Engineer-in-charge s sre by a notice in writing under his hand he shall so required, but the contracr shall not be entitled return any such materials unless such consent, and shall have no claim for compensation on account of any such materials so supplied him as aforesaid being unused by him, or for any wastage in or damage any such materials. Page 4

20 Clause-11 Work be executed in accordance with specification drawings orders etc : The contracr shall execute the whole and every part of the work in the most substantial and workman like manner, and both as regards materials and otherwise in every respect in strict accordance with Haryana P.W.D. specifications 1990 edition specifications or otherwise as may be specifically provided. The contracr shall also conform exactly, fully and faithfully the designs, and instructions in writing relating the work signed by the Engineer-in-charge and lodged in his office, and which the contracr shall be entitled have access at such office, or on the site of the work for the purpose of inspection during office hours, and the contracr shall, if he so required, be entitled at his own expense make, or cause be made, copies of the specifications and of all such designs, drawings and instructions as aforesaid. Clause-11 (A) Removal of employee workman and foreman : The Engineer-in-charge shall have full power at all times object the employment of any workman, foreman other employee on the works by the contracr and if the contracr shall receive notice in writing from the Engineer-in-charge requesting the removal of any such man or men from the work, the contracr shall comply with the request forthwith. No such workman, foreman or other employees after his removal from the work by request of the Engineer-incharge, shall be re-employed or re-instated on the works by the contracr at any time except with the previous approval in writing of the Engineer-in-charge. The contracr shall not be entitled demand the reason from the Engineer-in-charge for requiring the removal of any such foreman or other employee. Clause-12 alterations in specifications and designs : The Engineer-in-charge shall have power make any alteration in, omissions from, additions, or substitutions for the original specifications drawings, designs and instructions, that may appear him be necessary or advisable during the progress of the work and the contracr shall be bound carry out the work in accordance with any instructions which may be given him in writing signed by the Engineer-in-charge and such alterations, omissions, additions or substitution shall not invalidate the contract; and any altered, additional or substituted work which the contracr; may be directed do in the manner above specified as part of the work shall be carried out by the contracr on the same conditions in all respects on which he agreed do the main work; and at the same rates as are specified in the tender for the main work. The time for the completion of the work shall be extended in the proportion that the altered, additional or substituted work bears the original contract work, and certificate of the Engineer-in-charge shall be conclusive as such proportion; and if the alternated, additional or substituted work concludes any clause of work for which no rate is specified in his contract, then such of work shall be carried out at the rates entered in the schedule of rates of the district; subject the same percentage above or below as for the items included in the contract and if such class of work is not entered in the schedule of rates of district, then the contracr shall, within seven days of the date of his receipt of the order carry out the work, inform the Engineer-in-charge of the rate which it is his intension charge for such class of work and if the Engineer-in-charge does not agree this rates, he shall, by notice in writing be at liberty cancel his order carry out such class of work, and arrange carry it out in such manner as he may consider advisable; provided always that if the contracr shall commence work or incur any expenditure in regard there before the rates shall have been determined as lastly herein before mentioned then and such case he shall only be entitled be paid in respect of the work carried out or expenditure incurred by him prior the date of the determination of the rates as aforesaid according such rate or rates as shall be fixed by the Engineerin-charge. In the event of a dispute the decision of the Superintending Engineer MUNICIPAL CORPORATION, YAMUNANAGAR-JAGADHRI. shall be final. Page 5

21 Clause-13 No compensation for alteration in or restriction of work be carried out : If at any time after the commencement of the work the MUNICIPAL CORPORATION, shall, for any reason whatsoever, not require the whole work thereof as specified in the tender be carried out, the Engineer-in-charge shall give notice in writing of the fact the contracr who shall have no claim any payment or compensation whatsoever on account of any profit or advantage which he might have derived from the execution of the work in full but which he did not derive in consequence of the full amount of the work not having been carried out; neither shall he have any claim for compensation by reason of any alteration having been made in the original specifications, drawings, designs and instruction which shall involve any curtailment of the work as originally contemplated. Clause-14 Action and compensation payable in case of bad work :- If it shall appear the Engineer-in-charge or his subordinate-in-charge of the work that any work has been executed with unsound, imperfect or unskillful workmanship, or with materials of any inferior description, or that any materials or articles provided by him for the execution of the work are unsound or of a quality inferior that contracted for, or otherwise not in accordance with the contract, the contracr shall, on demand in writing from the Engineer-in-charge, specifying the work, materials or articles complained of, not withstanding that the same may have been inevidently passed, certified and paid for, forthwith rectify, or remove and reconstruct the work so specified in whole or in part, as the case may require, or, as the case may be, remove the materials or articles so specified and provide other proper and suitable materials or articles at his own proper charge and cost, and, in the event of his failing do so within a period be specified by the Engineer-in-charge in his demand aforesaid, then the contracr shall be liable pay compensation at the rate of one percent on the amount of the estimate for every day no exceeding 10 days, while failure do so shall continue, and, in case of any such failure, the Engineer-in-charge may rectify or remove and reexecute the work or remove and the place with other, the materials or articles complained or as the case may be, at the risk and expense in all respects of the contracr. Clause 15 Work be open inspections, contracr or his responsible agent be present :- all work under, or in course, of execution or executed in pursuance of the contract, shall at all times be open the inspection and supervision of the Engineer-in-charge and his subordinates and the contracr shall at all times during the usual working hours and at all other times at which reasonable notice of the intention of the Engineer-in-charge or his subordinate visit the works shall have been given the contracr, either himself be present receive orders and instructions, or have a responsible agent duly accredited in writing present for the purpose. Orders be given the contracr's agent shall be considered have the same force as if they had been given the contracr himself. Clause-16 Notice be given before work is covered up :- The contracr shall give not less than five days, notice in writhing the Engineer-in-charge or his subordinate-in-charge of the work before covering up or otherwise placing beyond the reach of measurement any work in order that the same may be measured, and correct dimensions thereof be taken before the same is covered up or placed beyond the reach of measurements and shall not cover up or place beyond the reach of measurement any work without the consent in writing of the Engineer-in-charge or his subordinate-in-charge of the work; and, if any work shall be covered up or placed beyond the reach of measurement without such notice having been given or consent obtained, the same shall be uncovered at the contracr's expenses, or, in default thereof, no payment or allowance shall be made for such work or the materials with which the same was executed. Page 6