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

The CONTRACTOR shall provide assistance, instruments, labour and materials as are normally
required for examining, measuring and testing any workmanship as may be selected and
required by the ENGINEER-IN-CHARGE.
74.2 All the tests that will be necessary in connection with the execution of the WORK as decided
by the ENGINEER- IN-CHARGE shall be carried out at the field testing laboratory of the
EMPLOYER by paying the charges as decided by the EMPLOYER from time to time. In case of
non- availability of testing facility with the EMPLOYER, the required test shall be carried out at
the cost of CONTRACTOR at Government or any other testing laboratory as directed by
ENGINEER-IN-CHARGE.
74.3 If any tests are required to be carried out in conjunction with the WORK or materials or
workmanship not supplied by the CONTRACTOR, such tests shall be carried out by the
CONTRACTOR as per instructions of ENGINEER-IN-CHARGE and cost of such tests shall be
reimbursed by the EMPLOYER.
75 Samples for approval:
75.1 The CONTRACTOR shall furnish to the ENGINEER-IN-CHARGE for approval, when requested
or if required by the specifications, adequate samples of all materials and finished to be used
in the WORK. Such samples shall be submitted before the WORK is commenced and in ample
time to permit tests and examinations thereof. All materials furnished and finishes applied in
actual WORK shall be fully equal to the approved samples.
76 Action and compensation in case of bad work:
76.1 If it shall appear to the ENGINEER-IN-CHARGE that any work has been executed with
unsound, imperfect or unskilled workmanship, or with materials of any inferior description, or
that any materials or articles provided by the CONTRACTOR for the execution of the WORK
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-IN-
CHARGE or his authorised representative specifying the WORK, materials or articles
complained of notwithstanding that the same may have been inadvertently passed, certified
and paid for, forthwith rectify or remove and reconstruct the WORK so specified and provide
other proper and suitable materials or articles at his own cost and in the event of failure to do
so within the period specified by the ENGINEER-IN-CHARGE in his demand aforesaid, the
CONTRACTOR shall be liable to pay compensation at the rate of 1 % (One percent) of the
estimated cost of the whole WORK, for every week limited to a maximum of 10% (ten
percent) of the value of the whole WORK, while his failure to do so shall continue and in the
case of any such failure the ENGINEER-IN-CHARGE may on expiry of notice period rectify or
remove and re-execute the WORK or remove and replaced with others, the materials or
articles complained of to as the case may be at the risk and expense in all respects of the
CONTRACTOR. The decision of the Engineering-in-charge as to any question arising under
this clause shall be final and conclusive.
77 Suspension of works:
77.1 i) Subject to the provisions of sub-para (ii) of this clause, the CONTRACTOR shall, if ordered
in writing by the ENGINEER-IN-CHARGE, or his representative, temporarily suspend the
WORKS or any part thereof for such written order, proceed with the WORK therein ordered to
be suspended until, he shall have received a written order to proceed therewith. The
CONTRACTOR shall not be entitled to claim compensation for any loss or damage sustained
by him by reason of temporary suspension of the WORKS aforesaid. An extension of time for
completion, corresponding with the delay caused by any such suspension of the WORKS as
Tender/Bid Document No: GAIL/NCR/C&P/6114
ARC for O&M Services
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