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

ten (10) days after determination of the cause has been made, and shalldemonstrate that he has used all reasonable means to minimize the delay. If suchnotice is not given within ten (10) days in writing, then no claim shall be made foran extension of time for the period of delay.If any such delays last for more than ninety (90) days or if the cumulative effect ofthe prior delays plus the then current delay is the total delay of more than ninety(90) days, the parties shall at any time thereafter on the basis on which theContractor shall immediately consult with each other for the purpose of agreeingupon the basis on which the Contractor shall resume work at the end of the delay.If they do not agree upon a solution of the problems involved, including adjustmentof the price, if justified, within sixty (60) days from the ninetieth (90 th ) day of suchdelay, then either party may, by written notice, cancel that portion of the Workwhich is delayed and in such event the Board shall pay to the Contractorreasonable and proper cancellation charges as mutually agreed.Extension of time will not be granted for delays caused by inadequate work force,or the failure of the Contractor to place orders for equipment or materials sufficienttime in advance to ensure delivery when needed, unless such causes are beyondthe Contractor's control in which case the foregoing paragraphs shall apply.Extension of time may be granted for unfavourable weather only in those caseswhere the weather is unseasonal and sufficiently severe or unusually extended toprevent the Contractor from working. In each such case, the Contractor'sauthorised representative shall notify the Engineer's representative immediately foragreement and confirmation, whereupon the Engineer shall confirm with approvalof the Board, the authorisation in writing to the Contractor within seven (7) days ofsuch notification.48.0 MATERIALS AND EQUIPMENTUnless specifically provided otherwise in each case, all materials and equipmentfurnished for permanent installation in the Work shall conform to applicablestandard specifications and shall be new, unused, and undamaged when installedor otherwise incorporated in the Work. No such material or equipment shall beused by the Contractor for any purpose other than that intended or specified,unless such use is specifically authorised by the Engineer in each case.After signing of the Contract, Contractor shall not change the manufacturer,specification of any equipment/ materials without prior approval of the BOARD. Ifany such change is detected before issuance of Final Acceptance Certificate,Contractor have to replace the Equipment/ materials by those as mentioned in thecontract at his own cost. If Contractor failed to oblige, BOARD has the right todeduct full cost of such equipment/ materials form the amount payable againstContractor's bill/ invoice/ performance guaranty.When equipment or material furnished by the Contractor cannot be installed asspecified or as shown on the plans, the Contractor shall, without extra cost to theBoard, make all modifications required to properly install the equipment or materialsuch modifications shall be subject to approval of the Engineer.Excess and un-used goods imported for permanent installation for which customsduties, sales tax etc. have been paid by the Board shall be the property of theBoard. At the completion of the Project, the Contractor shall prepare a properinventory of the excess and un-used goods and hand over the same to the Board.88