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b-1 tender form - Maharashtra Industrial Development Corporation

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29<br />

contractor shall forthwith on receipt of notice in that behalf from the Executive<br />

Engineer (E&M), duly commence execution and completely carry out at his cost in<br />

every respect all the work that may be necessary for rectifying & setting right the<br />

defects specified therein including dismantling and reconstruction of unsafe portions<br />

strictly in accordance with and in the manner prescribed and under the supervision<br />

of the Executive Engineer (E&M). In the event of the contractor failing or neglecting<br />

to commence execution of the said rectification work within the period prescribed<br />

therefore in the said notice and/or to complete the same as aforesaid as required by<br />

the said notice, the Executive Engineer (E&M) get the same executed and carried out<br />

departmentally or by any other agency at the risk on account and at the cost of<br />

contractor. The contractor shall forthwith on demand pay to the MIDC the amount<br />

of such costs, charges and expenses sustained or incurred by the MIDC of which the<br />

certificate of the Executive Engineer (E&M) shall be final and binding on the<br />

contractor. Such costs, charges and expenses shall be deemed to be appears of land<br />

revenue. The MIDC shall also be entitled to deduct the same from any amount<br />

which may then be payable or which may thereafter become payable by the MIDC<br />

(of which the certificate of Engineer in Charge shall be final) from any sums that<br />

may then be dur or may thereafter become due to the contractor or from his security<br />

deposit or the proceeds of sale thereof, or of a sufficient portion thereof.<br />

CLAUSE 20 : Contractor to supply plant, ladders, scaffoldings etc. : The<br />

contractor shall supply at his own cost all materials (except such special materials, if<br />

any, in accordance with the contract, be supplied from the MIDC stores) plant, tools,<br />

appliances, implements, ladders, cordage, tackles, scaffolding, and temporary works<br />

requisite or proper for the proper execution of the work, whether, in the original<br />

altered or substituted <strong>form</strong> and whether included in the specifications, or other<br />

documents <strong>form</strong>ing part of the contract or referred to in these conditions or not and<br />

which may be necessary for the purpose of satisfying or complying with the<br />

requirements of the Engineer in charge As to any matter as to which under these<br />

conditions he is entitled to be satisfied, or which is entitled to require together with<br />

carriage therefore, to and from the work.<br />

Contractor is liable for damages arising from non-provisions of lights, fencing etc.<br />

The contractor shall also supply without charge the requisite number of persons<br />

with the means and materials necessary for the purpose of setting out works, and,<br />

counting, weighing and assisting the measurement or examination at any time and<br />

from time to time of the work or the materials. Failing this the same may be<br />

provided by the Engineer in charge at the expense of the contractor and the expenses<br />

may be deducted from any money due to the contractor under the contract or from<br />

his security deposit or the proceeds of sale thereof, or of a sufficient portion thereof.<br />

The contractor shall provide all necessary fencing and lights required to protect the<br />

public from accident, and shall also be bound to bear expenses of defense of every<br />

suit, action or other legal proceedings, that may be brought by any persons for injury<br />

sustained owing to neglect of the above precautions, and to pay any damages and<br />

costs which may be awarded in any such suit, action or proceedings to any such<br />

Contractor.<br />

Executive Engineer(E&M).

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