Annual Rate Contract for O&M Services for NCR GAS O&M ... - GAIL

24 Contract Performance Security:
24.1 The CONTRACTOR shall furnish to the EMPLOYER, within 15 days from the date of
notification of award, a security in the sum of 10% of the accepted value of the tender or the
actual value of work to be done whichever is applicable due to any additional work or any
other reasons, in the form of a Bank draft/Banker’s cheque or Bank Guarantee or irrevocable
Letter of credit (as per proforma enclosed) as Contract Performance Security with the
EMPLOYER which will be refunded after the expiry of DEFECTS LIABILITY PERIOD.
24.2 CONTRACTOR can furnish the Contract Performance Security in the form of Demand Draft or
through a Bank Guarantee or through an irrevocable Letter of Credit from any Indian
scheduled bank or a branch of an International bank situated in India and registered with
Reserve Bank of India as scheduled foreign bank. However, other than the Nationalised
Indian Banks, the banks whose BGs are furnished, must be commercial banks having net
worth in excess of Rs. 100 crores and a declaration to this effect should be made by such
commercial bank either in the bank guarantee itself or separately on a letter head. The bank
guarantee or the Letter of Credit shall be submitted in the prescribed format.
24.3 If the CONTRACTOR/SUB-CONTRACTOR or their employees or the CONTRACTOR’s agents
and representatives shall damage, break, deface or destroy any property belonging to the
EMPLOYER or others during the execution of the CONTRACT, the same shall be made good
by the CONTRACTOR at his own expenses and in default thereof, the ENGINEER-IN-CHARGE
may cause the same to be made good by other agencies and recover expenses from the
CONTRACTOR (for which the certificate of the ENGINEER- IN-CHARGE shall be final).
24.4 All compensation or other sums of money payable by the CONTRACTOR to the EMPLOYER
under terms of this CONTRACT may be deducted from or paid by the encashment or sale of a
sufficient part of his Contract Performance Security or from any sums which may be due or
may become due to the CONTRACTOR by the EMPLOYER of any account whatsoever and in
the event of his Contract Performance Security being reduced by reasons of any such
deductions or sale of aforesaid, the CONTRACTOR shall within ten days thereafter make good
in cash, bank drafts as aforesaid any sum or sums which may have been deducted from or
realised by sale of his Contract Performance Security, or any part thereof. No interest shall be
payable by the EMPLOYER for sum deposited as Contract Performance Security. 24.5 Failure
of the successful bidder to comply with the requirements of this Clause shall constitute
sufficient grounds for the annulment of the award and the forfeiture of bid security.
25 Time of Performance:
25.1 Time for Mobilisation The work covered by this CONTRACT shall be commenced within fifteen
(15) days, the date of letter/Fax of Intent and be completed in stages on or before the dates
as mentioned in the TIME SCHEDULE OF COMPLETION OF WORK. The CONTRACTOR should
bear in mind that time is the essence of this agreement. Request for revision of construction
time after tenders are opened will not receive consideration. The above period of fifteen (15)
days is included within the overall COMPLETION SCHEDULE, not over and above the
completion time to any additional work or any other reasons.
25.2 Time Schedule of Construction:
25.2.1 The general Time Schedule of construction is given in the TENDER DOCUMENT.
CONTRACTOR should prepare a detailed monthly or weekly construction program jointly with
the ENGINEER-IN-CHARGE within 15 days of receipt of LETTER/FAX OF INTENT or
ACCEPTANCE OF TENDER. The WORK shall be executed strictly as per the Time Schedule
given in the CONTRACT DOCUMENT. The period of construction given includes the time
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Tender/Bid Document No: GAIL/NCR/C&P/6114
ARC for O&M Services