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tender document part - i cmpdil ri-1 asansol - Tenders India

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a ) Any defect/defects in the work detected by the Engineer-in-Charge within a pe<strong>ri</strong>od of 1<br />

(one) year (defect liability pe<strong>ri</strong>od) from the date of issue of completion certificate.<br />

13.1 A programme shall be drawn by the contractor and the Engineer-in-Charge for carrying<br />

out the defects by the contractor detected within the defect liability pe<strong>ri</strong>od and if the contractor<br />

fails to adhere to this programme, the Engineer-in-Charge shall be at liberty to procure proper<br />

mate<strong>ri</strong>als and carry out the rectifications in any manner considered advisable under the<br />

circumstances and the cost of such procurement of mate<strong>ri</strong>als and rectification work shall be<br />

chargeable to the contractor and recoverable from any of the pending dues of the<br />

contractors.<br />

The company on getting request can extend the defect liability pe<strong>ri</strong>od from the contractor<br />

only for valid reasons.<br />

There will be no defect liability pe<strong>ri</strong>od for works like Grass Cutting, Jungle Cutting, Surface<br />

Dressing & any other work of similar nature to be decided by the Engineer-in-Charge.<br />

14. Operating and Maintenance Manual:<br />

If “as built” drawings and/or operating and Maintenance Manual are required the contractor<br />

shall supply them by the dates as per instruction of the Engineer-in-Charge.<br />

If the contractor does not supply the drawings and/or Manual by the dates as stated above, or<br />

they do not receive the Nodal Officer or his nominee’s approval, the Nodal Officer or his<br />

nominee shall withhold the amount as stated in the agreement.<br />

15. Abnormally High Rate (AHR) and Abnormally Low Rate (ALR) Items:<br />

15.1. For identification of AHR and ALR items the ceiling of +/- 20% respectively; when<br />

compared with the updated estimated rate; is considered as reasonable.<br />

15.2. For identified Abnormally Low Rate (ALR) items (For overall percentage rate <strong>tender</strong>s,<br />

for ALR, this shall be applicable for the entire items), the contractor will be required to<br />

deposit with the company the difference in amount calculated between the<br />

De<strong>part</strong>mental Justified Rate multiplied by the quantity of a <strong>part</strong>icular ALR item and the<br />

ALR quoted by the Contractor multiplied by the quantity of the same item. The total<br />

amount to be deposited will be the sum total of all the identified ALR items calculated as per<br />

the method outlined above.<br />

15.3 The amount so retained will be refunded on successful completion of the individual<br />

items of work.<br />

16. Settlement of Disputes<br />

16.1 Engineer-in-Charge of the work will make every effort to avoid litigation and disputes<br />

with the contractor du<strong>ri</strong>ng the course of execution. However, if such disputes takes place<br />

between the contractor and the de<strong>part</strong>ment, it should be mutually settled by a committee<br />

comp<strong>ri</strong>sing of Staff Officer © / Dy.GM ©, Area Finance Manager and a representative<br />

nominated by CGM ©/G.M © of the Area/Project. The contractor should make request in<br />

w<strong>ri</strong>ting to the Engineer-in-Charge for settlement of such disputes/claims within 30 days of<br />

a<strong>ri</strong>sing of the cause of dispute/claim and if in the opinion of EIC the dispute cannot be settled<br />

34

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