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

employees or any of the employees of his Subcontractors during execution of theContract.56.0 CONTRACTOR'S BREAK DOWN ESTIMATEThe Contractor shall prepare and submit to the Engineer for approval a breakdownestimate for and covering each lump sum price of installation work stated in theContract. The breakdown estimate, showing the value of each kind of work, shallbe submitted to and approved by the Engineer before any partial payment estimateis prepared. Such items as Security premium, temporary facilities, and plant maybe listed separately in the breakdown estimate, provided that their costs can besubstantiated.The sum of the items listed in any breakdown estimate shall equal the ContractLump Sum Price or Prices listed as separate items. Overhead and profit shall not belisted as separate items.An unbalanced breakdown estimate, providing for overpayment of the Contractoron items of the Work which would be performed first under the lump sum item orthe Contract, will not be accepted and shall be revised and resubmitted untilacceptable to the Engineer.57.0 DEFENSE OF SUITSIn case any action at law or suit in equity is brought against the Board or theEngineer or any officer or agent of either of them, for or on account of the failure,omission, or neglect of the Contractor to do and perform any of the covenants,acts, matters, or things by this Contract undertaken to be done or performed, or forthe injury or damage caused by the negligence or alleged negligence of theContractor or his Subcontractors or his or their agents, or in connection with anyclaim or claims based on the lawful demands of Subcontractors, workmen, material,men, or supplies of machinery and parts thereof, equipment, power tools andsupplies incurred in the fulfillment of this Contract, the Contractor shall indemnifyand save harmless the Board and the Engineer and their officers and agents, of andfrom all losses, damages, costs, expenses, judgments, or decrees whatever arisingout of such action or suit that may be brought as aforesaid. The Contractor shall bepermitted to participate on the defense of any suit.58.0 GOVERNMENTAL AUTHORISATIONThe Board will assist the Contractor for obtaining any required authorisation andexport licenses for exporting tolls, equipment, test equipment, unused materials,and the like, all of which are and remain the property of the Contractor, fromBangladesh at the conclusion of the work. The Board shall have the first option topurchase for fair value any of the Contractor's plant, equipment, tools, materials,and supplies which are imported for use in the performance thereof andsubsequently offered for sale in Bangladesh, but the Contractor is relieved of anyresponsibility to recognise the option and may sell to anyone at the best priceobtainable in the event that Board does not exercise the option within thirty (30)days of Board's receipt from the Contractor of written notice of the intent to sell,provided, however, that the Contractor will observe usual Government Regulationwith regard to sale of such imported goods in Bangladesh.93