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UTTAR PRADESH JAL NIGAM
TENDER
FOR
CONSTRUCTION OF R.C.C. OVER HEAD TANK
CAPACITY 750 KL & 18 M. STAGING UNDER
NIGOHI
VILLAGE W/S SCHEME (NRWSP)
DISTT- SHAHJAHANPUR
Last Date for sale of tender 16-08-2010Date of Receiving of Tender 17-08-2010
Date of opening of Tender 18-08-2010
Cost of Tender Document Rs. 5675.00
Earnest Money Rs. 50000.00
Time of Completion 9 Months
EXECUTIVE ENGINEER
CONSTRUCTION DIVISION
U.P. JAL NIGAM, SHAHJAHANPUR
dk;kZy; vf/kkklh vfHk;urk] fuekZ.k [k.M] m0iz0 ty fuxe]kkgtgkaiqj A
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i=kad % 1017@ ,e&17 @ 126 fnukad09-07-2010
fufonk &lwpuk
v/;{k] m0iz0 ty fuxe] dh vksj ls kkgtgkaiqj iquxZBu is;ty ;kstuk;w0vkbZ0Mh0,l0,l0,e0Vh0 Hkkx &1 ds vUrZxr ,oa fuxksgh xzke is;ty;kstuk ds vUrZxr
fuEu dk;ksZa gsrq foHkkx esa fufnZV Js.kh esa iathd`r Bsdsnkjksa lsfnukad 17-08-2010 dh vijkUg
3-00 cts rd eksgjcan fufonk;sa vkeaf=r dh tkrh gSa] tks fnukad 18-08-2010 dh nksigj
12-00 cts v/kh{k.k vfHk;Urk ] prqFkZ e.My m0iz0 ty fuxe] cjsyh ds
dk;kZy; esa
mifLFkr fufonknkrkvksa vFkok muds }kjk euksfur izfrfuf/k;ksa dhmifLFkfr esa [kksyh
tk;saxhA fufonk;sa fdlh Hkh dk;Z fnol esa dk;kZy; v/kh{k.k vfHk;Urk ]prqFkZ e.My ] m0iz0
ty fuxe cjsyh] fuekZ.k [k.M] m0iz0 ty fuxe ] kkgtgkaiqj @ fuekZ.k ][k.M] m0iz0 ty
fuxe] ihyhHkhr ,oa cnk;wa ls fnukad 16-08-2010 dh vijkUg 5-00 cts rddz; dh tk
ldrh gSaA
dz0la0
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60-00 60000-00 :0 5675@& 6 ekg
2 kkgtgkaiqj iquxZBuis;ty ;kstuk;w0vkbZ0Mh0,l0,l0,e0
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Vh Hkkx& 1 ds vUrZxrtksu la[;k&9 esa LVkQDokVZj dk fuekZ.k ,oarRlaca/kh dk;ZA
20-00 20000-00 :0 2270@& 6 ekg
3
fuxksgh xzke is;ty
;sktuk ds vUrZxr 750fd0yh0 {kerk ,oa 18ehVj LVsftax ds fkjksifjtykk; dk fuekZ.k ,oarRlaca/kh dk;ZA
50-00 50000-00 :0 5675@& 6 ekg
krsZ&
1& lHkh fufonk,a vxys dk;Z fnol esa dk;kZy; v/kh{k.k vfHk;Urk ]prqFkZ e.My] m0iz0 ty
fuxe] cjsyh esa [kksyh tk;saxhA
2& Mkd }kjk fufonk eaxk;s tkus ij 250-00 vfrfjDr Mkd O;; Hkqxrkudjuk gksxk]Mkd }kjk fufonk eaxk;s tkus ij ;fn fufonk Bsdsnkj dks izkIr gksus
esa foyEc gksrk gS rks;g foHkkx mRrjnk;h ugh gksxkA
3& /kjksgj /kujkfk tuin kkgtgkaiqj ds Mkd?kj ds ,u0,l0lh0@jkVh;d`r
cSad dh
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fuekZ.k [k.M] m0iz0 ty
fuxe] kkgtgkaiqj ds in uke esa cU/kd gksuh pkfg, ,oa fufonk ds
lkFk i`Fkd fyQkQs esa
layXu djuk vfuok;Z gSaA /kjksgj /kujkfk layXu u gksus dh nkk
esa fufonk ij fopkj
ugh fd;k tk;sxkA
4& fcuk dksbZ dkj.k crk;s ,d vFkok leLr fufonk;sa fujLr djus dk vf/kdkj
v/kksgLrk{kjh
dks lqjf{kr gSaA
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6& fufonk izi= ds lkFk 100-00 :0 dk LVkEi isij layxu djuk gksxk] ftls
fufonk fujLr
gksus dh fLFkfr esa okil ugh fd;k tk;sxkA
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7& fufonk;s [kqyus dh frfFk dks vodkk gksus ij vxys dk;Z fnol esa
fufonk;sa [kksyh
Tkk;saxhA
8& fdlh Hkh fookn ds fuLrkj.k gsrq U;k;ikfydk {ks= kkgtgkaiqjgksxkA
9& dk;Z dh ek=k vko;drkuqlkj ?kVkbZ ;k c
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fufonk gsrq egRoiw.kZ krsZ
1- fufonk v/kksgLrk{kjdrkZ vFkok muds izfrfuf/k;ksa }kjk[kksyh tk;sxhA
2- fufonk [kqyrs le; Bsdsnkj vFkok muds izfrfuf/k mifLFkr jg
ldrs gSaA
3- /kjksgj /kujkfk fu/kkZfjr :Ik esa gh ekU; gksxh fcuk /kjksgj
/kujkfk dsfufonk ij fopkj ugh fd;k tk;sxkA
4- Mkd ls fufonk Hkstus ij foyEc dk mRrjnkf;Ro foHkkx dk
ugh gksxkA
5- fcuk dkj.k crk;s ,d ;k leLr fufonk,a fujLr djus dk vf/kdkj
lqjf{kr gSaA
6- fufonk [kqyus dh frfFk dks vodkk gksus ij nwljs fnu
fufonk [kksyh tk;sxhA
7- lkRkZ fufonk fujLr dh tk ldrh gSaA
8- dk;Z ,d ls vf/kd fufonk nkrkvksa dks ckaVk tk ldrk gSaA
9- tks QeZ m0iz0 ty fuxe esa iathd`r gS mUgs /kjksgj /kujkfk
esa NwV mlh voLFkk esa nh tk;sxh tc os bl NwV ds vkk;
ls iathd`r ekU; lR;izfrfyfi layXu djsA
10- /kjksgj /kujkfk vyx fyQkQs esa eksgjcan gksuk pkfg,rFkk fufonk ds lkFk vU; fyQkQksa esa j[kk tkuk pkfg,A
fyQkQs ds ij fufonk la[;k ij uke vafdr gksuk pkfg,A cU/kd
4 ekg dh vof/k ls de Lohdkj ugh gksxhA /kjksgj jkfk fdlh
Hkh Mkd?kj dh fMikftV jlhn@,u0,l0lh0 ds :Ik esa
v/kksgLrk{kjh ds inuke esa cU/kd gksuh pkfg,A
11- dk;Z fdlh Hkh lhek rd c
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12- fufonk ds lkFk :0 100@& ek= /kujkfk dk uke
tqfMfk;y LVkEi isij ,d :Ik;s ds jlhnh fVdV ij gLrk{kfjr layXu
djuk vfuok;Z gSa] ftlds vLohd`r gksus dh nkk esa okil
ugh fd;k tk;sxkA13- fufonknkrk fufonk Mkyus ls iwoZ dk;Z dh
ifjfLFkfr;ka ] dk;ZLFky ,oa Mkbax dk Hkyh Hkkafr
fujh{k.k djus ds mijkUr gh fufonk Mkys og mldk
mRrjnkf;Ro gksxkA
14- ;fn fdlh Hkh dkj.k fdlh Hkh vkbVe esa fufonk dh
kSM~;wy ^^th** esa nh x;h ek=k esa dksbZ c
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NOTE:
1. Conditional tender shall not be considered & it shall be
straightway rejected.
2. Tender without earnest money shall not be accepted, earnest
money should be in proper shape. It is must from registered
contractors also.
3. 10% security shall be deposited before the agreement.
EXECUTIVE ENGINEER
CHECK LIST
Tenders are advised to check the following points especially
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before final dispatch or tender.
(1) There shall be three envelops named ENVELOP No. 1
ENVELOP No. 2 and ENVELOP No. 3
(2) ENVELOP No. 2 shall contain the following documents-
(i) Earnest money documents in its desired shape.
(ii) Credential Certificates duly filled.
(iii) Partnership deed/ firms registration certificate in case of
registered firm.
(iv) Power of attorney (if required)
(v) Agreement on stamp paper of Rs. 100.00.
(3) ENVELOP No. 3 shall contain tender form duly
completed in all respects.
(4) Above envelope, No.2 & 3 shall be kept in large
envelope No. 1.
(5) All the ENVELOP No. 1 , 2 & 3 shall bear on the top-
CONSTRUCTION OF STAFF QUARTER & OTHER
APPURTUNENT WORKS AT ZONE - 9 UNDER
SHAHJAHANPUR REORGANISATION WATER SUPPLY
SCHEME DISTT-SHAHJAHANPUR.
(6) ENVELOP No. 1 containing ENVELOP No. 2 & 3 shall
be posted or submitted at the following address.
(7) If the documents in ENVELOP No. 2 are found
satisfactory then only the ENVELOP No. 3 Containing
tender form shall be opened and rate dictated.
(8) Provision, requirements of tender should be read and
understood.
EXECUTIVE ENGINEER
CONSCTRUCTION DIVISION
U.P. JAL NIGAM, SHAHJAHANPUR
1. Name of work CONSTRUCTION OF STAFF
QUARTER & OTHER
APPURTUNENT WORKS AT ZONE
- 9 UNDER SHAHJAHANPUR
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REORGANISATION WATER
SUPPLY SCHEME DISTT-
SHAHJAHANPUR.
2. Name of Contractor to whom :
Tender is issued :
Mrs. /Mr. :
S/O :
3. Postal Address of contractor :
In which letters are to be :
Posted :
4. Cost of tender form received : Rs. 2270.00
5. Signature of Accountant for :
Receiving the amount for :
Cost of tender form and :
Issuing the tender forms. :
6. Earnest Money : Rs. 0.20 lacs
7. Time of execution : 6 (Six) months.
8. Date of Start :
9. Date of completion :
10. .. :
OFFICE OF THE EXECUTIVE ENGINEER CONSTRUCTION DIVISION
U.P. JAL NIGAM, SHAHJAHANPUR
Contractor should state whether they are approved contractors
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in the public works department, U.P. Jal Nigam etc and so give class and
attach copy of the certificate.
Particulars of various contracts upon which the contractor has
been for construction of Pipe line work engaged should be entered in the
form below.
S. No. Name of
Department
Name and
general
description
of contract
Value Rs. In
Lacks.
Period
and date
Name of
Division
Note: The above particulars should be filed in by each tenderer and
returned with the tender.
SIGNATURE OF THE CONTRACTOR
2. DEFINITIONS AND ABBREVIATION
2.1 DEFINITIONS
In this contract, as here, in after defined, the following works and
expressions shall have the meaning hereby assigned to (except where
the contract requires otherwise).
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2.1.1 Owner means U,P. Jal Nigam, Executive Engineer/Superintending
Engineer.
2.1.2 Contractor means the person(s), firm or company whose tender has
been accepted by the Engineer and who has concluded a contract
with the Engineer to execute the works included in the tender and
contract agreement. This includes the Contractor's personal
representatives, successors and assignees.
2.1.3 'Sub Contractor' means any person, firm or company other than the
contractor named in the contract for any part of work included in the
contract has been subject with the consent in writing of the Engineer,
and the sub contractor's legal personal representatives, successors
and permitted assignees.
2.1.4 'Engineer/Engineer-in-charge' means the Executive Engineer /
Superintending Engineer who has called for tender and incharge of
execution of the works and administration of the subordinates who
assist him in execution of works and administration of Contract. His
subordinates shall be termed as Executive Engineer, Assistant
Engineer, Junior Engineer, as the case may be. These subordinates
shall be Engineer's representatives at the site of work. The Engineer's
representatives will carry out such duties of the Engineer, like issuing
of instructions, certificates and orders as are required in the execution
of the works. Engineer's representative will watch and supervise the
Works, test and examine the material, equipment, plant and machinery
and workmanship employed in connection with the works under
the contract. The Engineer's representatives with the approval of the
Engineer will have the authority the relieve the contractor of any of its
obligations under the contract and to order any extra work involving
delay in the completion of the works and also requiring any extra
payment to the contract.
2.1.5 "Department" means the Uttar Pradesh Jal Nigam. The work
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department and Ex.En./S.E. and his representatives have been used
interchangeably at places and means the same i.e. the Engineer or
his representatives.
2.1.6 'Work' means all the items of work to be conducted by the contractor,
provisions of plant land installation of it under the contract, testing,
commissioning and handing over the same in a complete manner to
Nagar Palika Parishad for maintenance.
2.1.7 Contract means promise to execute the works in accordance with the
conditions of contract, specifications, drawing, schedule, tender,
the letter of acceptance and the contract agreement.
2.1.8 Drawing means the drawing referred to in the list of drawing attached
to the tender and any modification of such drawings approved /issued
in writing by the Engineer and such other drawings as may from time
to time be furnished or approved in writing by the Engineer.
2.1.9 The contract sum means the sum identified in the contract for the
completion of works as per contract.
2.1.10Contract price means of the contract sum adjusted to give effect to
such additions or deductions as are provided for the contract which is
properly apparitional to the work or plant in question having regard to
the state condition and location of the plant, the amount of work done
and all other relevant circumstance in the cost of executing the work.
21.11 'Contractor's equipment' means all appliances or things of whatsoever
nature, required for the purpose of completing the works but does not
include, plant materials or other things intended to form or forming part
of the work.
2.1.12'Plant' means machinery apparatus, material, and article of all kinds to
be provided under the contract other than the contractor's equipment.
2.1.13'Portion of the work' means a part of the work or section of the work.
2.1.14'Sections of the work' means the sections into which the works are
divided for the purposes described and set out in the specifications.
2.1.15'Specification' means all the specifications and details given in the
chapter 'Specification Journal of the tender form'.
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2.1.16 'Month' means 30 days.
2.1.17'Day' means calendar day and week means 7 days Monday to
Sunday.
2.1.18 Time of completion' means the time as stipulated for completion of
the work or any section or portion thereof as stated in the contract or
as extended under clause and shall be calculated from, the date
specified in the contract. It will be the date when the contract enters
into force or fulfillment of any obligation as per necessary legal,
financial or administrative requirements.
2.1.19'Defect liability period' or maintenance period means the period after
actual completion of the work during which the contractor will carry the
full liability to make good to the complete satisfaction o the Engineer,
any defect in the completed work or any bad work visible or detected
after wards.
2.1.20'Cost' means the amount which shall be deemed to include all
overhead cost whether incurred on or off the site, all taxes, excise
duties, royalties, etc as applicable on the materials, labour or any other
item which is required to complete the works.
2.1.21'Competent 'Authority' means the Engineer next higher to the
Engineer signing the contract bond that is if Executive Engineer is
signing the bond then the Superintending Engineer will be competent
authority and soon.
2.1.22Approval committee hereto referred as committee means, a
committee of following officer's of U.P. Jal Nigam nominated by
Chairman UP. Jal Nigam vide his circular No. 151/PC/Comp-MM
(Tender Scrutiny Samiti) dated 06-08-2001
Members of committee.
(1) Zonal Chief Engineer
(2) Respective S.E (Civil)
(3) Respective S.E (E&M)
(4) Respective Zonal Account Officer
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(5) Respective Executive Engineer (Civil)
2.2 ABBREVIATIONS :
The abbreviations used in the tender documents or any other
correspondence will stand the full forms given as under:
U.P. Jal Nigam Uttar Pradesh Jal Nigam
M.D. Managing Director
C.E.(I) Chief Engineer (Lucknow Zone) U.P.
Jal Nigam, Lucknow.
S.E. Superintending Engineer, IVth Circle,
U.P. Jal Nigam, Bareilly.
Superintending Engineer, 23rd Circle,
U.P. Jal Nigam, Lucknow.
Ex. En. Executive Engineer Construction
Division , U.P. Jal Nigam,
Shahjahanpur
Executive Engineer, E&M Division ,
U.P. Jal Nigam, Bareilly.
A.E. Assistant Engineer Construction
Division, U.P. Jal Nigam,
Shahjahanpur
Assistant Engineer (E & M) Division,
U.P. Jal Nigam, Bareilly.
J.E. Junior Engineer Construction Division ,
U.P. Jal Nigam, Shahjahanpur
Junior Engineer (E&M) Division, U.P.
Jal Nigam, Bareilly.
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3. CHECK LIST:
The contractors are advised to check the following points before final
dispatch of tender.
3.1 The tender will be submitted under two separate covers as follows:-
3.1.1 First envelope will contain (1) Earnest money in desired shape,
(2) Experience certificate of having completed similar work
successfully, (3) Notarized copy of Certificate, (5) Notarized
copy of Sales Tax registration Certificate, (6) Technical offer
including necessary drawings and designs, (7) Details of their
technical specifications to be given by the contractor 'C' of the
contract otherwise technical bid shall be rejected.
3.1.2 Financial offer in desired shape in other envelope.
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3.1.3 The contract includes different nature of Civil, Electrical &
Mechanical works, hence the contractor should clearly mention
in his technical offer that how he shall perform the particular
work or part of work for which he is not registered in Jal Nigam .
He would clearly mention what agencies he shall employ for
completing such works. This implies that if the contractor is
desirous of subletting such part of work, he should clearly
mention the named & credentials of such agencies, their
experience & certificates, etc. However, the Tender Approval
committee will scrutiny this aspect & reserves the right to reject
the offer on this ground. Such subletting shall be subject to
approval by Chief Engineer.
3.2 Scrutiny of the technical offers of all the tenderers will be done by the
approval committee. The financial offers, of all the successful
tenderers whose technical offers are found proper & suitable by the
committee, shall be opened by the Engineer in presence of such
tenderers after giving a suitable date. Thereafter financial offer shall
be finalized by committee after scrutiny.
3.3 Credential certificate should be filled in without hiding any fruitful facts
on prescribed forms.
3.4 Partnership Deed/Firm registration certificate in case of registered firm
should be attached.
3.4.1 Contractor should be 'A' - Class Registered Contractor, registered in
U.P. Jal Nigam.
3.5 In case of signatory is a representative of the firm a registered power
of attorney should be attached.
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3.6 'AGREEMENT on Rs. 1007- Court Stamp Paper with prescribed
language.
And
'VALIDITY1 on Rs. 100/- Court Stamp paper with prescribed language
of tender form should be attached herewith, failing which tender shall
not be considered.
3.7 Provisions, requirement of tender should be carefully read and
Understood, it will be presumed that the contractor has filled up all the
entries with full confidence and knowledge.
3.8 Both envelopes containing tender documents in duplicate duly
completed shall be posted to reach or put into the tender box on
due date and time to following address :
1. Executive Engineer 2. Executive Engineer 3. Executive Engineer
Const. Division, Const. Division, Const. Division,
U.P. Jal Nigam, U.P. Jal Nigam, UP. Jal Nigam,
Shahjahanpur(U.P.) Badaun (U.P.) Pilibhit (U.P.)
(4) Superintending Engineer,
IVth Circle, U.P. Jal Nigam,
Bareilly
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NOTICE
4.1 Sealed Tenders will be received upto 3.00 p.m. on ...................... by
the Executive Engineer , Construction Division , UP. Jal Nigam,
Shahjahanpur, Badaun, Pilibhit and S.E. IVth Circle, U.P. Jal Nigam,
Bareilly for following works CONSTRUCTION OF STAFF QUARTER &
OTHER APPURTUNENT WORKS AT ZONE - 9 UNDER
SHAHJAHANPUR REORGANISATION WATER SUPPLY SCHEME,
DISTT - SHAHJAHANPUR
4.2 The work shall be completely finished to the satisfaction of the
Engineer within Six calendar months from the date of the receipt of
the order to commence the work.
4.3 The amount of security to be deposited by the Tenderer for the due
performance of all the conditions of the contract shall be a sum of 10%
of approved cost of tender including earnest money or Bank
Guarantee as the case may be which is to be deposited with the Ex.
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Engr. Construction Division, UP. Jal Nigam, Shahjahanpur.
4.4 Blank form of Tenders which is in English and all other particulars
regarding the proposed contract and nature of security deposit
required in case of accepted. Tender may be obtained from the offices
shown in the tender notice issued vide letter No. ..............................
Dated ............................... every day (except Sunday and other
holidays) during office hours, the charge in cash for each set of
complete forms supplied is Rs. 2270 + Rs. 250/- for Postage (if
desired by post).
4.5 Each tender must be accompanied by deposit receipt of Rs. 0.20 lacs
only as earnest money, which should be deposited in a shape of Post
Office Saving Bank. National Saving Certificates or FDR/CDR duly
pledged in favour of Executive Engineer, Construction, Division, UP.
Jal Nigam Shahjahanpur. No cash money shall be accepted and
tender is likely to be rejected on this account.
4.6 The tenders from A-class contractor who are registered in U.P. Jal
Nigam will be received on upto 3.00 p.m. by the Executive
Engineer or his authorized agent at his office at Construction division,
U.P. Jal Nigam, Shahjahanpur, Badaun, Pilibhit & IVth Circle Bareilly.
4.7 Authority reserves right to reject any or all of the Tenders received,
and no explanation may be demanded of the cause of the rejection of
his tender by any person making a tender.
4.8 The deposit of the successful candidate, which accompanies the
tender, will be forfeited in case he declines to sign the agreement of
contract and deposit of security within 7 days of being called upon to
do so after acceptance of his tender.
4.9 In consideration of U.P. Jal Nigam having treated the tenderer to be
an eligible person whose tender may be considered, the tenderer shall
agree to the condition that proposal in response to his invitation shall
not be withdrawn by the tenderer within three months from the date of
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opening of the tender and also the condition that if thereafter the
tenderer does withdraw his proposal within the said period the earnest
money deposited by him may be forfeited to the U.P. Jal Nigam in the
discretion of the later.
N.B. If a tenderer who is exempted from furnishing earnest money
withdraws his proposal within the said period he may be in discretion
of the U.P, Jal Nigam debarred from tendering for a period of one year
reckoned from the date of opening of the tender.
For the compliance of the clause an agreement, on Stamp
Paper worth Rs. 1007- or as applicable is to be submitted by the
tenderer positively with the tender failing which the tender may likely
to be rejected. Performa of the aforesaid agreement is given with the
tender.
4.10 Tenderes from skilled and experienced contractors or firm who can
submit proof of having successfully carried out similar work will be
considered. However, competent authority reserves the right to accept
or reject the tender on any such ground as to which deems to be fit in
his opinion entirely to his sole discretion.
4.11 Tenderers are advised to visit the site of work prior to filling up of
tender and rates so as to access and have correct knowledge of local
site Conditions, job works, labour, and quantum of work involved.
Executive Engineer
Construction Division
U.P. Jal Nigam,
Shahjahanpur.
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4. FORMS, DECLARATIONS AND CERTIFICATES
5.1 Form of Tender
(To be filled in, signed, witnessed and submitted)From:
----------------------------
----------------------------
To,
The Executive Engineer,
Construction Division,
UP. Jal Nigam,
Shahjahanpur.
Dear Sir,
I/We................................. have read the various conditions
governing the contract for" CONSTRUCTION OF STAFF QUARTER & OTHER
APPURTUNENT WORKS AT ZONE - 9 UNDER SHAHJAHANPUR
REORGANISATION WATER SUPPLY SCHEME, DISTT- SHAHJAHANPUR "
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The drawing, specification contract conditions and all documents
forming part of the contract, posses the knowledge of the site conditions,
availability of materials, labour and local practice. I/We also agree to keep
my/our this offer valid upto three months from the date of opening of the
tender.
5.1.2 I/We agree to complete the works within the period of Six months
from the date of issue of the work order.
5.1.3 A sum of Rs. ........................................ (Rs. ................ lacs) towards
the earnest money is deposited in the form of ................drawn on
bank .....................dated................... pledged in the name of Ex. En.
Construction Davison, U.P. Jal Nigam, Shahjahanpur is enclosed.
5.1.4 The full amount of earnest money shall stand forfeited without any
prejudice to other rights or reminders if.
5.1.4.1 I/We do not execute the contract documents within seven days
from the date of issue of letter or intent from you indicating your
decision to award the contract to me/us.
5.1.4.2 I do not commence the work within 10 days of receipt of the
order to that effect.
Enclosures: One tender along with enclosures
Yours Faithfully,
Place
Date Signature
Name
Witness Address
1. 2.
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5.2 DECLARATION BY THE TENDERER
(To be entered on Rs. 100/- general stamp)
TENDER FOR WORKS OF: " CONSTRUCTION OF STAFF QUARTER &
OTHER APPURTUNENT WORKS AT ZONE
- 9 UNDER SHAHJAHANPUR
REORGANISATION WATER SUPPLY
SCHEME, DISTT- SHAHJAHANPUR
DECLARATION
5.2.1 I /We hereby tender for the works specified in the tender all written
memorandum within the time specified in such memorandum at the
rates given in the schedule of rates attached herewith and in
accordance with all said instructions, conditions, schedules,
specifications and drawing contained in this tender which have been
inspected at site and understood by me/us and also undertake to
make written compliance of such other written instruction as may be
given from time to time for carrying out the said work.
5.2.2 I/We undertake to abide by the Government/Departmental orders
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regarding deduction made in the bills like Income Tax, Trade Tax,
Security Deposits, agreement stamp and stamp duty.
5.2.3 I/We undertake to complete the works and hand over the works within
the stipulated/allotted time for the completion of the works in good
workman like manner.
5.2.4 I/We keep the validity of our offer for three months from the date of
opening of the tender.
5.2.5 I/We stand guarantee for the repair of the works to full satisfaction of
the department during the maintenance period of twelve calendar
months.
5.2.6 I/We have no doubts or any uncleared ambiguities regarding the
specifications, details in the drawings, scope of work, and have fully
understood our responsibilities in executing and completing the works
to the full satisfaction of the department.
5.2.7 That I/We do hereby solemnly state that I/We do not intend to migrate
to any foreign country during the period of the contract and that I/We
will produce a clearance certificate from the Income/Sales Tax Officer
at the time of final payment or taking refund at the security deposit if
demanded.
5.2.8 I/We have based our tender rates having the full knowledge of the
statement and facts.
5.2.9 I/We hereby declare that the complete tender document is in the same
shape and form and nowhere in the tender have I/We entered any
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conditions. If it is found incorrect, my/our earnest money shall be
forfeited.
Place ....................
Signature ................................
Date ................... Name .....................................
Address ................................
1. Witness Sig ...................... 2. Witness Sig ...
Name .............................. Name.....................................
Address ......................... Address .....
5.3 QUALIFICATIONS & CERTIFICATES:
Tenderers are required to give the following information's about the
qualifications, without which tender will not be considered.
5.3.1 REGISTRATION:
Tenderers from contractor registered Suitable class in U.P. Jal Nigam
are invited. The details which are to be furnished in the following table:
S. No. Description of
Department
Registration Number &
Dates and its Validity
date
Class & Limit
of Tender
Value.
1
2
3
4
5
6
5.3.2 ORGANISATIONAL STRUCTURE:
(a) Give a brief over all organizational structure of the firm/
Company/ individual contractor in the following table:
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S. No. Designation of
employee along
with the
Qualifications
No. Gross pay Their
Experience
1
2
3
4
5
5.3.3 INCOME TAX CLEARANCE CERTIFICATE
Tenderer shall enclose certificate copies of latest income tax
clearance certificate.
5.3.4 SOLVANCY CERTIFICATE
Tenderer shall obtain and attach solvency certificate by District
Magistrate on the prescribed proforma.
Essential notes for filling different qualification tables
and certificates.
1. The above qualifications information and declaration are
Mandatory obligation on the part of the contractor/ tenderer.
2. Tenderer must attach proof of all such references and
statements, failing which their tender are liable to be rejected.
3. The above particulars are invariably to be filled in by tenderer.
4. Due weightage will be given to the result of evaluation analysis
of bids information in the award of the contract.
5. Stamp duty as applicable shall be paid by the contractor /
tenderer.
6. The plant/ equipments, if desired, will be open for inspection of
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Jal Nigam representative(s) before making consideration of the
tender.
7. All certificates to be submitted should be duly attested by a
Notary.
Place :.......................... Signature........................
Date ............................ Name of Contractor
Address :.........................
OFFICE OF THE EXECUTIVE ENGINEER CONSTRUCTION
DIVISION U.P. JAL NIGAM. SHAHJAHANPUR
TO BE SUBMITTED ON STAMP PAPER OF RUPEES 100.00
AGREEMENT
TENDER INVITED BY : EXECUTIVE ENGINEER,
CONST. DIVISION, U.P. JAL
NIGAM, SHAHJAHANPUR.
TENDER FOR : CONSTRUCTION OF STAFF
QUARTER & OTHER APPURTUNENT
WORKS AT ZONE - 9 UNDER
SHAHJAHANPUR REORGANISATION
WATER SUPPLY SCHEME, DISTT-SHAHJAHANPUR ."
TENDER NOTICE No. : Letter No .......
dated ..................................
NAME & ADDRESS : .
OF THE TENDERER : .
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.
The agreement made on .................. day of
..................................... between S.E. / Ex. En. of U.P. Jal Nigam
(hereinafter called 'Jal Nigam') and
(hereinafter called 'Contractor').
Whereas, Jal Nigam has caused specifications, drawings, and
other contract documents to be proposed works and schedule of
rates, material, etc whereas contractor has offered to perform the
proposed work in accordance with the terms of contract documents.
Now therefore in consideration of the mutual convents and
agreement of the parties herein contained and to be performed,
contractor hereby agrees to complete the works at the price and in the
terms and conditions herein contained and Jal Nigam agrees to pay
him the contract prices provided herein for the fulfillment of the works
and the performance of the convenient set forth herein.
The contractor hereby agrees that- In consideration of the U.P.
Jal Nigam having treated the tenderer/contractor to be an eligible
person, whose tender may be considered, the tenderer here by
agrees to the condition that the proposal in response to the above
invitation shall not be withdrawn within three months from the date of
opening of tender, also to the conditions that if thereafter the tenderer
does with draw his proposal within the said period, the earnest money
deposited by him may be forfeited to the U.P. Jal Nigam are debarred
from tendering for a period of Nine Months reckoned from the date of
start of the tender in the discretion of U.P. Jal Nigam.
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The further terms and conditions and comments of the
contracts and set forth in the following parts each of which is attached
here to and by this reference made a part thereof.
a. The said tender and appendix thereto.
b. The conditions of contract and annexure thereto.
c. The guarantee bond.
d. The specifications and drawings.
e. All schedules of the contract.
f. All extra works, other that the schedule 'G' having relevance
with the said work shall be done by the contractor on the terms
and conditions given in tender.
g. The addenda numbered from .......................... to
.
h. The communication numbered from .................. to
.
The contractor hereby agrees with the Jal Nigam to execute the works
in conformity with the provisions of the contract, for which the
payments shall be made as per conditions of the bond Iby the Jal
Nigam to the contractor as herein after mentioned.
Name of work:
CONSTRUCTION OF STAFF QUARTER & OTHER APPURTUNENT
WORKS AT ZONE - 9 UNDER SHAHJAHANPUR REORGANISATION
WATER SUPPLY SCHEME -D1STT- SHAHJAHANPUR
Contract Value: i. In Figures Rs.......................
ii. In Words Rs.........................
'Agreement' has been executed in triplicate on the day and year
written above.
For & on behalf of Jal Nigam Contractor
By ......................................... ...............................
Signature Signature
Title Title
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Witness Witness
By ......................................... ...............................
Name
Occupation Occupation
Address Address
Approved by
UTTAR PRADESH JAL N1GAM
Lump-sum-cum-item Rate Contract
GENERAL RUES AND DIRECTIONS FOR THE GUIDANCE OF
TENDERERS
1. All work proposed to be executed will be notified in a form of
invitation to tender for the same either by posting the said invitation
or a board hung up in the office of the Executive Engineer, or by
public advertisement, such invitation to be signed by the Executive
Engineer.
The form will contain and set forth the following
(a) The dates for submitting the tender: . . . . . . . . . . . . . . .
(b) The time allowed for carrying out the work: ..............Months
(c) The amount of earnest money to be deposited with the tender.
It must be early understood that no interest will be payable on
any earnest money deposited Rs. .......................... only.
(d) The amount of the security to be deposited by the successful
tender 10 % of approved cost of tender including earnest
money in the form of deposit receipt of Scheduled Bank or NSC
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or Bank guarantee.
(e) The percentage, if any to be deducted from bills.
Copies of the specifications, drawings schedule of rates and
other documents effecting the work will be opened for
inspection at the office of the Executive Engineer, Construction
Division, U.P. Jal Nigam, Shahjahanpur during office hours.
2. In the event of tender being submitted by a firm it must be signed
separately by each member thereof, or in the even of absence of any
partner it must be signed on his behalf by a person holding a power of
attorney authorizing him to do so or in the case of a Company the
tender should be executed in the manner and down in the said
Company's Article of Association.
3. Receipts for payments made on account of work executed by a firm or
Company must be signed by some person or persons having authority
to give actual receipt for such firm or company.
4. Any person who submits a tender shall fill up the usual printed form
stating at what stage he is willing to undertake each item or work
Tenders which propose any alteration in the work specified in he said
form of invitation to tender, or in the time allowed for carrying out the
work or which contain any other condition of any sort whatsoever will
be liable to rejection, tender shall have the name and number of the
work of which they refer written outside the envelope.
The printed form mentioned above is obtainable from the office
of the Executive Engineer , Construction Division, U.P. Jal Nigam ,
Shahjahanpur upon payment of Rs. + Rs. 250, 00 for postage
(if required by post).
5. After scrutiny of technical offer by the Committee, the Engineer or his
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duly authorized assistant will fix suitable date and intimate those
tenderers whose technical offer is found proper and open financial
offers of tenders in the presence of any tenderer who may be present
at the time and will enter the amount of the several tenderers in a
comparative statement in suitable form. In the event of a tender being
accepted by the committee a receipt for the earnest money forwarded
therewith shall thereupon be given to the contractor who shall
thereupon' for the purpose of identification, sign copies of the
specification and other documents mentioned in rule 9. In the event of
a tender being rejected the earnest money forwarded with such
unaccepted tender shall thereupon be returned to the tenderer making
the same.
6. The committee shall have the right of rejecting all or any of the tenders
without giving any reason for the same.
7. The person or persons whose tender is accepted shall sign an
agreement embodying the conditions of contract thereto attached
within 7 days after receiving written notice from the Engineer that his
tender has been accepted and shall pay for all stamps and legal
expenses incident thereto and shall deposit in the form of
deposits of any Scheduled bank or N.S.C. endorsed to the Executive Engineer,
Construction Division, U.P. Jal Nigam Shahjahanpur a sum amount of
Rs. 10% of the tenderered cost as security for the due performance of
the contract. In the event of failure by the said tenderer to sign the
agreement of contract or to deposit the said security within the period
mentioned aforesaid, after being called upon to do , the Executive
Engineer , Construction Division, U.P. Jal Nigam , Shahjahanpur the
whole amount of the earnest money deposited as aforesaid shall be
forfeited to the Jal Nigam the transaction affected by the tender shall
cease and determine.
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8. The receipt of an accountant or clerk for any money paid by the
contractor will not be considered as any acknowledgement of payment
to the Executive Engineer and the contractor shall be responsible for
seeing that he procures a receipt signed by the Executive Engineer.
9. The contract document shall include the following:-
(i) Agreement and conditions of contract.
(ii) Specification of work.
(iii) Schedules of quantities and rates with totals.
(iv) Drawings.
10. Canvassing either before or after seals are broken will tender the offer
the inedible for consideration.
Date
The , 200 Executive Engineer
Construction Division,
U.P, Jal Nigam,
Shahjahanpur
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UTTAR PRADESH JAL N1GAM
LUM- SUM -CONTRACT
TENDER FOR WORKS
I/We hereby tender for the work specified in the underwritten
memorandum within the time specified in such memorandum at the
rates given in the Schedule of Rates hereto attached, and in
accordance in all respect with the specifications and drawings have
been prepared by the Executive Engineer of the Construction Division,
U.P. Jal Nigam , Shahjahanpur and have been inspected and
understood by me/us and such other written instructions and as may
be given from time to time for the due carrying out of the said works
and with such materials as are provided for by and in all other
respects in accordance with the conditions hereto attached.
MEMORANDUM
(a) General Description : Annexed
(b) Estimated Cost : .............lacs
(c) Earnest Money : Rs.........................
(d) Security money (including earnest money) Rs. 10% of
Approved Tender.
(e) Time allowed for the work from date of written order to
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Commence : ............ calendar months.
Should this tender be accepted I/We hereby agree to abide by
and fulfill at the terms and provisions of the said conditions of contract
annexed there to an within seven (7) days from the time when called
upon to do so, execute a contract embodying the conditions hereto
attached and also deposit the said security with the Executive
Engineer, Construction Division , U.P. Jal Nigam Sahjahanpur for the
performance of the said contract.
The sum of Rs. 10% of approved amount has been deposited
in the form of deposit receipt of Scheduled Bank of N.S.C. or Bank
Guarantee is herewith forwarded the full amount of which is to be
absolutely forfeited to the said Managing Director or his successor in
office should. I/We not when called upon to do so by the Executive
Engineer, Construction Division, U.P. Jal Nigam , Shahjahanpur within
7 days to execute the said contract and deposit the full amount of the
security deposit specified in the above memorandum, and in the even
of such default the vans action affected by the tender cease and
determine.
Dated the Day of 200
Witness: Contractor
Address:
Occupation:
I hereby accept the accompanying tender on behalf of the
Managing Director of Uttar Pradesh Jal Nigam subject to the current
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financial year's allotment.
Dated Day 200
Signature of the officer by who accepted...................
Designation
UTTAR PRADESH JAL NIGAM
Note - This form is not to be filled in by the tenderer
LUMP-SUM-CUM-ITEM RATE CONTRACT
FORM OF AGREEMENT
THIS INDENTURE made the.......................................... day of
....................... 200 between
.
.
Hereinafter called the contractor, which expression shall where the
context so admits or implies be deemed to include his heirs, executors and
administrators of the one part, and the Managing Director of Uttar Pradesh ,
Jal Nigam hereinafter called the M.D. which expression shall, where the
context so admits or implies, be deemed to include his successors in office
and assigns of the other part, WHEREAS the said M.D. requires the
execution of certain works for.
Hereinafter called the said works which said works are more
particularly described in the drawing and specifications hereto annexed AND
ALSO requires the provision of necessary material there for the have caused
the necessary drawings and specifications and schedules of rates to be
prepared and the contractor has delivered to the said M.D. A Tender for the
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execution of the said works of the provision of the said materials AND
WHEREAS the M.D. has accepted such Tender subject to the provisions and
Conditions hereto attached. NOW THIS INDENTURE WITNESSETH as
follows. In consideration of the covenant, for the payment by and on behalf
of the said JAL NIGAM hereinafter constrained, the contractor hereby
covenants with the M.D. that he will supply all necessary materials land
complete and thoroughly sound and work manlike manner and afterwards
maintain for the requisite period stated in the said conditions all the works set
out in the said specification and schedule of rates hereto attached, signed, by
the contractor and as explained in the said drawing hereto attached, and in
accordance in every respect with the requirements, stipulation and
conditions, etc. attached.
In consideration of the covenant by the contractor hereinafter
contained me said M.D. hereby covenant with the contractor to pay to him for
the execution, completion and maintenance of work as aforesaid according
to the rates hereto attached and at the times and in the manner and subject
to the additions and deductions set out, and declared in the said conditions
hereto attached.
It is agreed and declared that all the provision of the said conditions,
drawing specification and schedules of rates market as in Schedule "G" and
hereto attached shall be binding upon the Contractor and upon the said M.D.
as the same has been repeated herein and shall be read as part of these
presents.
In witness whereof the parties hereto have affixed their signature
Dated the Day of 200
Witness: Contractor
Witness: Signed on behalf of the M.D. by
Designation of Officer
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Witness:
Witness:
UTTAR PRADESH JAL NIGAM
LUMP-SUM-CUM-ITEM RATE CONTRACT
CONDITIONS OF CONTRACT
1. INTERPRETATION:
In these conditions and in the specifications which are herein attached
the term. "THE CHEIF ENGINEER" shall mean the Chief Engineer
(Lucknow Zone) U.P, Jal Nigam , Lucknow.
The S.E. shall mean the Superintending Engineer, IVth Circle, U.P.
Jal Nigam Bareilly for civil works and Superintending Engineer, (E/M)
23rd Circle , U.P. Jal Nigam Lucknow for E/M works or his authorized
representative hereinafter called Engineer.
"The EXECUTIVE ENGINEER" shall mean the Executive Engineer,
Construction Davison, U.P. Jal Nigam, Shahjahanpur for Civil works
and Executive Engineer , E/M Division, U.P. Jal Nigam, Bareilly for
E/M works.
"WORK" or "WORKS" where used in these conditions and
specifications shall unless there be something either in the subject or context
repugnant to such construction be construed and taken
to mean "WORK" by or by virtue of the contract contracted to be
executed whether temporary or permanent and whether original,
altered, substituted or additional.
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2. TIME OF COMPLETION OF WORKS:
The time allowed for carrying out the works shall be 6 calendar
months, shall be strictly observed by the contractor, and shall be
reckoned from the receipt of the written order to commence the work.
3. CONTRACTOR'S LIABILITY TO PAY COMPLENSATION:
The works shall throughout the stipulated period of the contract
be proceeded with all due diligence (time being deemed to be
essence of the contract) and the contractor shall pay as compensation
an amount equal to one percent or such smaller amount as the Chief
Engineer (whose decision in writing shall be final) may decide. On the
amount of the estimated cost of the whole work, that is to pay Rs. 1%
for every day that the works remain uncommented or unfinished after
the proper dates and further to ensure good progress during the
execution of the work the contractor shall be bound to complete one
fourth of the whole time allowed under this contract has elapsed, one
- half of the works before one-half of such time has elapsed and
three-fourths of the works before three-fourths of such time has
elapsed. In the event of the contractor failing to comply with this
condition he shall be label to pay as (whose decision in writing shall
be final) may decide on the said estimated cost of the whole work for
every day that the due quantity of works remain incomplete
PROVIDED ALWALYS that the entire amount of compensation to be
paid under the provision of the clause shall not exceed ten percent of
the estimated cost of the works.
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4. RIGHTS OF BREACH OF CONTRACT:
In any case in which UP. Jal Nigam under any clause or clauses of
these conditions the contractor shall have rendered himself liable to
pay compensation amounting to the whole of the security deposit
whether deducted in one sum or deducted by installment the
Engineer, on behalf of the M.D. of Jal Nigam, shall have power to
adopt any of the following course as he may deem best suited to the
interest of JAL NIGAM.
(a)To rescind the contract (of which rescission notice in writing to
contractor under the hand of the Engineer shall be conclusive
evidence) and in which case the security deposit of the contractor
together with such sum or sums due to him under this contract
shall stand forfeited and be absolutely at the disposal of the said
M.D.
(b)Determine the contract and call in another contractor or employ daily
labour to dismantle bad work, if necessary (the bad work to
be certified by the Engineer whose decision shall be final).and to
renew and complete the said work land pay the cost of such
contractor for the daily labour and price of material required for
such dismantling , renewing and completion out of the said security
deposit for such sum or sums as may be due to the contractor
under this contra t and if such cost be more than the amount made
up of the security money and the sum or sums due to the
contractor under this contra t, the difference between it and sum
made by the security money and the balanced due to the
contractor as aforesaid shall be a debt due from the said contractor
to the said M.D. In the event of either of the above course being
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adopted by the Engineer, the contractor shall have no claim to
compensation for any loss sustained by him by reasons of his
having purchased or procured any materials or entered into any
agreements, or made any advances on account of or with view to
the execution of the work or the performance of the contract. And
in case the contract shall be rescinded under the provision
aforesaid, the contractor shall not be entitled to recover or be paid
any sum for any work therefore actually performed under this
contract, unless and until the Engineer shall have certified in
writing the performance of such work and the value payable in
respect there of, and he shall only be entitled to be paid the value
so certified.
5. NON - EXERCISE OF CONTRACTOR'S LIABILITY TO PAY
COMPENSATION:
In any case in which any of the power conferred upon the
Engineer by Clause 4 hereof, shall have become exercisable and the
same shall not be exercised, the non-exercise thereof shall not
constitute a waiver of any the conditions hereof, any such powers
shall not with standing be exercisable in the event of any future case
of default by the contractor for which, by any clause or clauses hereto
be is declared liable to pay compensation amounting to whole of his
security deposit and the liability of the contractor for past and future
compensation shall remain unaffected. In the even of the Engineer
putting in force either of the powers (a) or (b) vested in him under the
preceding clause, he may, if he so desires, take possession of all or
any tools, plant, material, and stores in or upon the works the site
there of or belonging to the contractor or procured by him intended to
be used for the execution of the work or any part thereof, paying or
allowing for the same in account at prevailing market rates to be
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certified by the Engineer whose certificate thereof shall be final,
otherwise 'the Engineer may by notice in writing to the contractor or
his other authorized agent require him to remove such tools, plants,
materials or stores from the premises ( within a time to be specified in
such notice and in the event of the contract or failing to comply with
any such requisition, the Engineer may remove them at the
contractor's expense or sell them by Auction or private sale on
account of the contractor and at his risk in all respects, and the
certificate of the Engineer as to the expense of any such removal, and
the amount of the proceeds and the expense of any such sale be final
and the conclusive against the contractor.
6. EXTENSTION OF TIME:
If the contractor shall desire an extension of time for completion
of the work on the ground of his having been unavoidably hindered in
its execution or any other ground, he shall apply in writing to the
competent authority through the Engineer within seven days after the
date of hindrance on account of which he desires such extension as
aforesaid, and the Engineer shall, if in his opinion (which shall be
final), reasonable grounds be shown therefore authorize such
extension of time, if any, as may in his opinion be necessary or
proper.
7. ENGINEER'S CERTIFICATE OF COMPLETION:
On completion of the work the contractor shall be furnished with
a certificate by the Engineer of such completion, but not such
certificates shall be given nor shall the work be considered to be
completed until the works shall have been measured by the Engineer,
whose measurement shall be binding and conclusive against the
contractor and the contractor shall have removed from the premises
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on which the work has been executed all scaffolding, surplus materials
and rubbish and cleaned off all dirt and debris in upon or about the
premises of which he may had possession for the purpose of
executing the said works, If the contractor shall fall to comply with the
requirements of this clause as to removal of scaffolding , surplus
materials and rubbish and be cleaning of all dirt and debris on or
before the date fixed, for the completion of works the Engineer may at
the expenses of contractor remove such Scaffolding, surplus material
and rubbish and dispose of the same as he thinks fit and clean off
such dirt and debris of all expenses so incurred and shall have no
claim in respect of any such scaffolding or surplus materials as
aforesaid except for any sum actually realized by the sale thereof after
deducting the aforesaid expenses,
8. PAMENTS:
On measurements of the work done for the convenience of the
contractor, interim payments shall ordinarily be made monthly but final
payment shall not be made until the whole of the work shall have been
completed and certificate of the completion of the work given,
provided always that the Engineer may refuse to advance such
payments if in his opinion the progress of the work or the conduct of
the contractor is not satisfactory or the contractor has in any other way
done or neglected to do anything so as to make it doubtful whether the
works will be completed by him in accordance with the contract. But all
such interim payments shall be recorded as payments by way of
advance against the final payments only and as payment of work
actually done and completed and not regular the requiring of bad
unsound and imperfect or unskillful works to be removed and taking a
way or reconstructed or re-erected or be reconsidered as on
admission of the due performance of the contract or any part thereof
in any respect of the accruing of any claim, not shall it conclude,
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determine or effect in any way the powers of the Engineer under
these conditions or any of them as to the final settlement and adjustment of
the account or otherwise or in any otherwise way vary or affect this
contract. The final bill shall be submitted by the Contractor within one
month of the date fixed for the completion of the work, otherwise the
Engineer certificate of the measurements (due notice having given
before hand to the Contractor of the date of such measurements) and
of total amount payable for the works accordingly shall be final and
binding on all parties.
9. BILL TO BE SUBMITTED ON PRESCRIBED FORM:
The contractor shall submit all bills on the prescribed forms to
be had on application at the office of the Ex. En. Construction Division,
U.P, Jal Nigam , Shahjahanpur and the charges in the bills shall
always be entered at the rates given in the schedule of rates hereto
attached , or in the case of an extra work ordered in pursuance of
these conditions and not mentioned or provided for the Tender, at the
rates hereinafter to be agreed upon.
10. STORES SUPPLIED BY GOVERNMENT:
All materials will be supplied by the contractor; however, on
written request Engineer may arrange such materials at the cost of
Contractor. However, this will not be a binding to the Engineer to do
so. The rates of such materials will be as prevalent in Jal Nigam, thenor as per market rates cost of which be dues to the contractor. All
materials that may be supplied from the Engineer's store or as may be
provided by the Executive Engineer (such materials will be charged for
the prevalent rates as specified by Engineer, shall be used by
the contractor for the purpose of this contract only ^and the value of the full
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quantity of materials so supplied may be set off or deducted from any
sums then due on thereafter to become due to the contractor under
this contract or otherwise on against or form the security deposit.
11. MATERIAL AND PLANT OF CONTRACTOR
All materials brought by the contractor upon the site of the
works shall be deemed to be the property of the Managing Director
and shall not on any account be removed from the site or the works
during the execution of the works and shall at all times be open to
inspection by the Engineer or his representative. The Engineer on the
completion of, the works or upon the stoppage of the works as
provided for in clause 14 of this contract shall have an option of taking
over any such unused materials at prevailing market rates, with the
provision that the price allowed to the contractor shall not exceed the
amount originally paid by him for the same as he (the Engineer) shall
desire upon giving a notice in writing under his signature within Seven
days of the completion of the works to that effect, and all materials notso taken over by the Engineer shall cease to be the property of the
M.D. and the contractor shall have no claim for compensation on
account of any such materials as aforesaid which are not so taken
over by the said Engineer, unused by him (the Contractor) or for any
wastage in or damage to any such materials.
12. WORKS TO BE EXECUTED IN ACCORDANCE WITH THE
SPECIFICATION:
The contractor shall execute the whole and every part of the
work in a most substantial and workman like manner both as regards
to materials and otherwise in every respect in strict accordance with
the specifications. The contractor shall also confirm exactly and
faithfully to the drawings and instructions in writing relating to the work
signed by the Engineer.
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13. ALTERATION IN SPECIFICATION AND DRAWINGS:
The Engineer shall have powers to make any alteration or
additions to the original specifications, drawing and instructions that
may appear to him, to be necessary or advisable during the progress
of the work and the contractor shall be bound to carry out the work in
accordance with any instruction which may be given to him in writing
signed by the Engineer and such alterations shall not invalidate this
contract and any additional work which the contractor may be directed
to do in the man nor above specified as part of the work shall be
carried out by the contractor on the same conditions in all respect on
which he agreed to do the main work, and at the same rates as are
specified in the Schedule of rates marked, 'G' for the main work. And
should any alteration necessitate a curtailment of the work described
in the specifications and shown on the drawings it shall be lawful for
the Engineer to deduct from the sum of Rs.............................. value of
this contract as a sum equal to the amount that the curtailed portion of
the work if carried out would have cost based upon the rates set forthin the schedule of rates marked 'G'. The time for the completion of the
work shall be extended if applied for by contractor in writing in the
proportion that the additional work bear to the original contract work
and the certificate of the Engineer shall be conclusive as to such
extension. And if the additional work includes any class of work for
which no rates provided in this contract, then such class of work shall
be carried out at rates to be agreed upon between the Engineer andcontractor in writing prior to the work being taken in hand. The basis
for fixing such rates shall ordinarily be the U.P. Jal Nigam erstwhile
L.S.G.E.D. schedule of rates for the district.
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PROVIDED ALWAYS that if the contractor shall commence
work or incur any expenditure in regard thereto before the rate shall
have been determined as lastly therein before, mentioned, then and in
such case he shall only be entitled to be paid in respect of the rates as
aforesaid according to such rate or rates as shall be fixed by the
Engineer, In the even of a dispute, the decision of the Chief Engineer,
U.P. Jal Nigam shall be final.
14. No compensation for alteration in or reduction of work
to be carried out:
If at any time after the commencement of the work the M.D.
U.P. Nigam or Chief Engineer, U.P. Jal Nigam shall for any reason
What so ever not require the whole thereof as specified in this contract
to be carried out, the Engineer shall give notice in writing of the fact to
the contractor and upon the receipt of such notice in writing the works
under this contract shall cease and the contractor shall have no claim
to any payment or compensation whatsoever on account of any profit
or advantage which he might have derived from the execution of the
works in full, but which he did not derive in consequence of the full
amount of the works not having been carried out, neither shall he have
any claim for compensation by reason of any alterations having been
made in the original specifications, drawings and instruction which
shall involve any curtailment of the work as originally contemplated.
15. ACTION AND COMPENSATION PAYABLE IN CASE OF BAD
WORK:
If it shall appear to the Engineer or his subordinate in charge of
the works that any works has been executed with imperfect or
unskilled workmanship or with materials of any inferior description or
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that any materials or articles provided by the contractor, for the
execution of the works are unsound or of a quality inferior to that
contracted for or otherwise not in accordance with the contract, the
contractor shall on demand in writing from the Engineer specifying the
work materials or articles complained of forthwith rectify remove
demolish and reconstruct the work so specified in whole or in part as
the case may require or as the case may be, remove the material or
articles so specified and provide other proper and suitable materials or
articles at his own proper charge and cost, land in the even of his
falling to do so within a period to be specified by the Engineer in his
demand aforesaid, then the contractor shall be liable to pay
compensation at the rate of one percent for such smaller amount as
the Chief Engineer ( whose decision in writing shall be final) may
decide , on the amount of the const of the whole work for every day
not exceeding ten days, while his failure to do shall continue and in
case of any such failure the Engineer may rectify remove, demolish
and reconstruct the work, or remove and replace with others the
materials or articles complained of, as the case may be at the risk and
expense in ail respect of the contractor and such expenses may be
deducted from such sum as may be due to the contractor or may
become due to him and from his security deposit.
16. WORKS TO BE OPEN TO INSPECTION:
All works under or in course of execution or executed in
pursuance of the contract shall at all times be open to the inspection
of engineer and his subordinate and the contractor shall all times
during the usual working hours and at the all other times of which
reasonable notice of the intention of the Engineer or his subordinate to
visit the works shall have been given to the contractor, either himself
be present to revive orders and instructions or have a reasonable
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agent duly accredited in writing present for the purpose. Orders given
to the contractor's agent shall be considered to have the same force
as if they had been given to the contractor himself. Verbal orders shall
not be considered as binding on either party until they are confirmed
in writing signed by the Engineer.
17. NOTICE TO BE GIVEN BEFORE WORK IS COVERED UP:
The contractor shall give not less than five day's notice in
writing to the Engineer or his duly authorized assistant in charge of the
work before covering up. for otherwise placing by beyond the reach of
measurement any work in order that the same may be measured andcorrect dimensions thereof be taken before the same is so covered up
or placed beyond the reach of measurement and shall not cover up or
place beyond the reach of measurement any work without the
consent in writing of the Engineer or his duly authorized assistant in
charge of the work, and if any work shall be covered, up or replaced
beyond the reach of measurement without such notice having been
given or consent obtained the same shall be uncovered at thecontractors expense, or in default thereof no payment or allowance
shall be made for such work or the materials with the same was
executed.
18. CONTRACTOR LIABLE FOR DAMAGE DONE ANDIMPERFECTION:
If the contractor or his work people or servants shall break,
defense, injury or destroy and part of a building, in which they may be
working or any building, road, fence, enclosure, lad or cultivated
ground continuous to the premises on which the work of any part of it
is being or executed, if any damage shall happen to the work, which in
progress, from any cause whatever or any imperfections become
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apparent in it within months after the final certificate of its completion
shall have been given by the Engineer as aforesaid the contractor
shall make the same good at his own expense, or in default the
Engineer may cause the same to be made good by other workman,
and deduct the expenses (of which the certificate of the Engineer shall
be final). From any sum that may be then or at any time there after
may become, due to the contractor or from his security deposit.
19. CONTRACTOR TO SUPPLY LABOUR. PLANT. LADDRS.
SCAFFOLDINGS. ETC.
The contractor shall supply at his own cost all labour skilled andunskilled and all things necessary (except such special things, if any,
as may, in accordance with the specification, be supplied from the
Engineer stores), such as plants, tools, appliances, implements,
ladders, cordage, tackle, scaffolding, shoring, shattering, pumps,
boilers, fuel, oils, patching, derrick , boring tools, wrenches and power
as well as all other apparatus and temporary work requisite or proper
for the proper execution of the works, whether original, altered orsubstituted and whether included in the specifications or other
documents forming part of the contract or referred to in these
considerations or not which may be necessary for the purpose of
satisfying or complying with the requirements of the Engineer as to
any matter as to which under these conditions he is entitled to be
satisfied or which he is entitled to require, together with carriage
therefore to and from the work. The contractor shall also supply
without charge the requisite number of persons, with the means and
things necessary for the purpose of setting out the works, and
counting, weighing and assisting the measurement and examination at
any time and from time to time of the work done or materials supplied
by him. Failing his so doing the same may be provided by the
Engineer at the expense and risk of the contractor and the expenses
(of which the certificate of the Engineer shall be final) may be
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deducted from any money due to the contractor under this contract or
from his security deposit. The contractor shall also provide at his own
expense all necessary fencing and light required to protect the public
from accident, and shall assume all liability for and indemnity against
all actions or suits arising out of or in connection with the carrying out
of the works whether such actions are brought by members of the
public, neighboring owner or workmen employed on works, save only
actions for permanent interference with casements to which the site
may be subject at law or in equity or otherwise arising out title of the
site. The contractor shall in carrying out works conform to the
Statutory and other legal enactment applicable to them and give all
notices and pay all fees payable to local authorities and others in
respect of them. The contractor shall be responsible for the adequacy,
strength and safety of all shoring, structuring, bonding, curbing,
brickwork, masonry concrete permanent or temporary, appliances,
matter and things furnished by him for the purpose of this contract.
20. FEMALE LABOUR:
No female labour shall be employed within the limits of a cantonment.
21. WORKS NOT TO BE SUBLET WITHOUT SANCTION:
This contract or any part thereof shall not be assigned or sublet
without the written approval of the Chief Engineer, And if the
contractor shall assign or sublet his contract or attempt to do so or
become insolvent commence any insolvency proceedings or make
any com position with his creditor or attempt to do so or if any bribe,
gratuity, gift, loan perquisite, reward or a advantage, pecuniary or
otherwise shall either directly or indirectly be given, promised or
offered by the contractor or any of his servants or agent to any public
officer of person in the employ of UP. Jal Nigam in any way relating to
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his office of employment , or if any such officer or person shall
become any way directly or indirectly interacted in the contract, the
Chief Engineer may thereupon by notice in writing rescind the contract
and the security deposit shall thereupon stand forfeited and be
absolutely at the disposal of the said M.D, and the same
consequences shall ensure as if the contract has been rescinded
under clause 4 thereof, and in addition the contractor shall not be
entitled to recover or be paid for any work that has already been
performed under this contract.
22. SUM PAYABLE BY WAY OF COMPENSATION:
All slums payable by way of compensation under any of these
conditions shall be considered as reasonable compensation to be
applied to the use of the said Governor without reface to the actual
loss or damage sustained, and whether or not any damage shall have been
sustained.
WORKS TO BE LUNDER DIRECTION OF ENGINEER;
All works to be executed under the contract shall be executed
under the direction and subject to the approval in all respect of the
Engineer for the time being who shall be entitled in direct at what point or
points and in what manner they are to be commenced and from
time to time carried on.
24. DECISION OF CHIEF ENGINEER TO BE FINAL:
Except where otherwise specified in this contract, the decision
of the Chief Engineer, U.P. Jal Nigam for the time being shall be final,
conclusive and binding on all parties to the contract upon all question
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relating to the measuring of the specification, drawings and
instructions herein before mentioned and as to the quality of
workmanship or materials used on the work, or as to any other
question, claim, right matter or things whatsoever, in any way arising
out of relating to, the contract, drawings, specifications, estimate,
instructions orders or these conditions or otherwise concerning the
contract, drawing, specifications, estimates instructions under the
works or the execution, or failure to execute the same whether arising
during the progress of the work or after the completion of the sooner
determination thereof the contract.
25. ACTIONS WHERE NO SPECIFICATION:
In the case of any class of work of which there is no mention in the
specification such work shall be carried out in all respect
in accordance with the instructions and requirements of the Engineer.
26. CONTRACTOR TO EMPLY COMPETENT AGENT AND FOREMAN:
During the execution of the works and until the work is taken
over by the order of the executive Engineer, the contractor shall
employ competent agent and such foreman as may be necessary for
the proper execution of the "WORKS" ( and then work is carried on
day and night there shall be a foreman in charge of each shift) who
shall be engaged constantly on the works to ensure proper
management and efficient control.
27. RECEIPT OF AND POWER AS TO SECURITY MONEY:
(a) The M.D. has received from the Contractor the sum of Rs. as
earnest money the receipt of which is hereby acknowledged. This
said sum together with the sum made up of the ten percent
including Security deposit described in clause 8 of this contract
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shall beheld as security for the performance of all the conditions
and stipulation of the contract, and the Engineer is empowered to
deduct from time to time from such security money all or any sum
or any sums which may become due from the contractor as
liquidated damages for the breach of any or al the covenants or
provisions of this contract. If not confirmed under the provisions of
this contract the security money or such balance thereof as may be
left after making the deduction of deductions aforementioned will
be returned to the contractor after twelve months after the final
certificate of the completions of the works shall have been given by
the Engineer and after the Engineer shall have satisfied himself
that all the terms of the contract have been duly and faithfully
carried out by the contractor.
(b) Fixed deposits of the State Bank of India, Allahabad Bank and Central Bank
shall also be accepted as security provided that all
such fixed deposits receipts must be issued in the name of the
U.P. Jal Nigam, and that they will be accepted as security and on the
conditions that Nigam will hold the deposit at the risk of
depositor and will not be failure of the Bank or to any other clause,
and that if the security is lost the loss will fall on the depositor who
will have to deposit fresh security.
28. COMPENSATION TOWORKMEN:
(a) In every case in which by virtue of the provision of section 12,
subsection (i) of the Workmen's Compensation Act, 1993, U.P.
Jal Nigam is obliged to pay compensation to a workman
employed by the contractor or by any sub-contractor from him
in the execution of the said work, U.P Jal Nigam will recover
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from the contractor the amount of the compensation so paid,
and without prejudice to the rights of Government under section
12 sub section (2) of the said Act, Jal Nigam shall be at liberty
to recover such amount or any part thereof by deducting it
either from the earnest money deposited by the contractor or to
his credit under clause 27 of these conditions or from any other
sum due by Jal Nigam to the contractor whether under this
contractor or otherwise.
(b) Jal Nigam shall not be bound to contest any claim made
against it under section 12, sub section (i) of the said Act ,
except on the written request of the contractor and upon his
given to Jal Nigam full security for all costs for which Jal Nigam
might become liable inconsequence of contesting the claim.
29. ARBITRATION CLAUSE:
In case of any dispute between the contractor and Engineer or
the consignee, the matter shall be referred to the S.E. for his decision.
And in case, where the contractor is not satisfied matter shall be
referred to Chief Engineer whose decision shall be final, conclusive
and binding on both the parties upon all questions, matters and
meaning of clause relating to this contract.
30. RECORD OF HINDRANCE:
Contractor shall be liable to inform within three days from the
event of any hindrance in work due to the circumstances beyond his
control delay in issue of stores with regard to materials needed
immediately during the progress of work, or hindrance in work by any
department i.e. P.W.D, Nagar Palika or housing board whose roads
are to be cut however contractor shall be responsible for applying well
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before in advance for permission of road cutting through the Engineer
Incharge. Delay on his part in applying for permission of road cutting
shall not entitled him for any extension of time or as justifiable , in the
opinion of Engineer Incharge. Engineer or his authorized
representative not below the rank of Assistant Engineer shall receive
and may allow the record of hindrance, to the extent as considered
justifiable by Engineer, in the following for prescribed below which will
become the part of agreement.
Date of
start of
hindrance
Date of
end of
Hindrance
Nature
and
details of
hindrance
Remarks and
recommendation
Sign. of
EE
allowing
the record
of
hindrance
JE AE DA
Contractor should note that the above record of hindrance shall
not untitled him for any claim or increase in rates but shall only verify
and record his eligibility considerations with regard to extension of
time if he at all applies.
31. SAMPLE:
The contractor shall submit samples of materials supplied as
required by the Engineer at his own expenses, No extra rates should
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be allowed the rates quoted by the contractor should also cover these
expenses.
32. TESTING:
The contractor shall allow in his rates sufficient margin to cover
the cost of testing of materials and finished work/plant/machinery as
desired necessary by the Engineer. The materials and finished work/
plant/machinery shall be got tested by the contractor in accordance
with the relevant ISS code of practice and to the satisfaction of
the Engineer.
33. PAYMENT SCHEDULE:
The payment shall be made in accordance with the schedule provided
in Schedule J.
34. SPECIFICATION OF WORK:
The specification journal is attached herewith
Signed by Contractor
Signed on behalf of the M.D. Uttar Pradesh Jai Nigam
Designation of Officer
OFFICE OF THE EXECUTIVE ENGINEER CONSTRUCTION DIVISION
U.P. JAL NIGAM. SHAHJAHANPUR.
TENDER FOR WORK DECLARATION
I/We hereby tender for the work specified in the under
Memorandum within the time specified. Such Memorandum at the rates
given in the schedule of rate hereto attached, and in accordance with all
said specifications and drawings which have been prepared by the
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Executive Engineer Construction Division U.P. Jal Nigam, Shahjahanpur
and have been inspected and understood by me/us and also undertaken
to make compliance of such other written instruction as may be given
from time to time for carrying out the said works.
That I/We do hereby solemnly state that I/We reside in India &
do not intend to migrate to any other country during the period of the
contract and that I/We will produce a clearance certificate from the
Income Tax Officer at the time to final payment or taking refund of the
security deposit, if demanded.
Witness................................. Contractor
..........
Date ...................................... Date
Address................................. Address...
.. .
.. .
Copy of enclosure to G.O. No. G.2-1893/X-916-49, dated 7th
June, 1960. No person who has retired from Government Services as an
Engineer Gazetted Officer employed on Engineering or Administrative
duties in an Engineering Department/Office is not entitled to tender for the
notified work up to two years from the date of such retirement unless a
special permission of the Government has been obtained is furnished by
the contractor, along with this tender. If any contractor is found to have
violated the aforesaid provision, his tender and the contract , if entered
into with him shall at option of Chief Engineer ( Lucknow Zone) /
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Superintending Engineer IV Circle , U.P. Jal Nigam , Bareilly be liable to
immediate cancellation in which case his earnest money or the security
deposit ( as the case may be) shall stand, forfeited, and the Contractor,
shall have no right to claim any compensation, what so ever, on account
of the cancellation of his tender or contract.
SIGNATURE OF CONTRACTOR EXECUTIVE ENGINEER
DATED :
ADDRESS
..
.
OFFICE OF THE EXECUTIVE ENGINEER CONSTRUCTION DIVISION
U.P. JAL NIGAM. SHAHJAHANPUR
TO BE SUBMITTED ON STAMP PAPER OF RLUPEES 100.00
AGREEMENT
TENDER INVITED BY : EXECUTIVE ENGINEER.CONST.
: DIVISION, U.P. JAL NIGAM,
: SHAHJAHANPUR.
TENDER NOTICE No. : ........................................................
NAME & ADDRESS OF THE : ..........................................
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TENDERER : ..........................................
..........................................
In consideration of the U.P. Jal Nigam, having treated the
tenderer to be an eligible person whose tender may be considered, thetenderer hereby agrees to the condition that the proposal in response to
invitation shall not be withdrawn within three months from the date of opening
of the tender also to the condition that , if thereafter, the tenderer does
withdraw his proposal within the said period, the earnest money deposited by
him may be forfeited by U.P. Jal Nigam in the discretion of the later.
And tenderer hereby also agrees that, if subsequent to the
submission of his tender the tenderer amends alters or modifies the contentsof his tender which are not acceptable to department, and then the tenderer
shall, for the purposes of the aforesaid conditions, be deemed to have
withdrawn his proposal.
SIGNED THIS DAY OF 200
WITNESSES:
1.
2.
TENDERER
DETAILS OF PLANT AND CONSTRUCTION EQUIPMENT/ MACHINERIES
OWNED/PROPOSED TO BE DEPLOYED BY THE TENDERER
Details of plan/
Construction Equipment/
Machinery with theircapacity
OWNS Proposed to be
deployed at this
contracts
Tick for
Yes and
cross for
no
Numbers Tick for
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