bangladesh power development board tender document for ... - BPDB

initial commercial operation (ICO) as guaranteed in Schedule-A [Guarantee], Vol. 3of 3 applicable for the plant. Further, should the plant or the equipment furnishedby the Contractor fails to meet the specified Performance Guarantee stipulated inrespective Technical Requirements and Technical Particulars then the Contractorshall pay to the Board the Liquidated Damages computed in accordance with theprovisions of the Clause 30.0 of Chapter III, Special Conditions.To determine the LIQUIDATED DAMAGES for the delayed completion of ICO, thetotal contract price of the plant shall be considered.For early completion of the contract, Tenderer shall be rewarded at the rate of0.025% of contract price for each calendar day, which will not exceed 2.5% of theContract Price.In the matter of assessment of Liquidated Damages on account of failure toachieve guaranteed power output/heat rate and failure to complete the specifiedsupply and/or work within the period of time stipulated in Contract, considerationshall be made for the plant and Liquidated Damages assessed as per terms of theContract.The Board shall have the right to deduct any unpaid Liquidated Damages from anymonies in its hands or otherwise due, or to become due, to the Contractor, or tosue for and recover compensation for such Liquidated Damages includingencashment of the Performance Security.The payment by the Contractor of the Liquidated Damages is in lieu of all otherliabilities to the Board for damages arising from delays and the ceiling of LiquidatedDamages expressed constitute the ceiling of the Contractor's liability for delay incompletion of the Work, and beyond this ceiling the Contract can be terminatedunder the provision of this Contract.46.0 HINDRANCES AND DELAYSIn executing the Contract, the Contractor expressly covenants and agrees that . inundertaking to complete the Work within the time therein fixed, he has taken intoconsideration and made allowances for all hindrances and delays incident to suchWork, whether growing out of delays in securing materials or workmen orotherwise. No charge shall be made by the Contractor for hindrances or delaysfrom any cause during the progress of the Work, or any portion thereof, embracedin this Contract.47.0 EXTENSION OF TIMEShould the Contractor be delayed in the final completion of the Work by any causeor causes outside of and beyond the control of the Contractor, such as but notlimited to acts of the public enemy, war, blockades. insurrections, riots, epidemics,civil disturbances, strikes, fire, and other causes not within the control of theContractor, including acts of the Board, which makes the performance of theContract unfeasible and which by the exercise of due diligence the Contractor inperformance of the Contract is unable to overcome, then an extension of timesufficient to compensate for the delay, as recommended by the Engineer, shall begranted by the Board and the Contractor shall not be charged with LiquidatedDamages for such delay; provided, however, that the Contractor shall give theBoard and the Engineer notice in writing of the cause of delay in each case within87