1

STEM WATER DISTRIBUTION AND

INFRASTRUCTURE CO. PVT. LTD.

TENDER NOTICE NO. 1 (1) FOR 2016 – 2017

FOR

Repairing of Doors and Windows of

Filter house at Temghar

General Manager (C/O&M)

STEM Water Distri. & Infra. Co. Pvt.Ltd.
Thane Muncipal Corporation’s old Majiwada Prabhag Samiti office
building, 2nd floor, Majiwada Thane (W) 400601.
 2

STEM WATER DISTRIBUTION & INFRASTRUCTURE

CO. PVT. LTD., THANE

Name of Work: Repairing of Doors and Windows of Filter house at Temghar

TENDER NOTICE NO. 1 (1) FOR 2016-2017

INDEX

Sr.
Description Page No.
No.
1. Short Description of Tender 3

2. Press Tender Notice Separate

Attach
3. Detailed Tender Notice 4-13

4. Form B-1 14-54

5. Material Schedule – A 55

6. Notes for Bill of Quantities 56

7. Schedule – B of B-1 Tender Separate

Attach
8. Detailed Item wise Specification 57-59

9. Mode of Payment 60

10. Undertaking for Guarantee 61

11. Declaration 62-63

 3

STEM WATER DISTRIBUTION & INFRASTRUCTURE

CO. PVT. LTD., THANE

Name of Work: Repairing of Doors and Windows of Filter house at Temghar

SHORT DESCRIPTION OF TENDER
1. Estimated cost put to tender : Rs.4,15,199/-

2. Earnest Money Deposit : Rs. 4155/-

The firm must have valid

3. Class of Contractor :
registration for having annual
turnover of Rs.7 lakhs & above for
Civil Contractor with any Govt. /
Semi Govt. organization like PWD,
MIDC, CIDCO etc.
OR
Class VII and above (Rs. 7.00 Lac’s
& Above) in Civil with MJP.
4. Cost of Tender Form : Rs. 1,000/-
5. Type of Tender : B-1 Tender
6. Period of Issue of Blank Tender : Dt.19.05.2016 to 26.05.2016 Online
Form at www.stem.abcprocure.com
7. Date and Time of Submission : Date 26.05.2016 up to 12:00 Hours.
8. Place of Submission : Online Through E-Tendering
System

9. Date and Place of Opening of : Date 26.05.2016 at 15.00 hrs. (if

Tender possible) in the office of the General
Manager (C/O&M), STEM Water
Distribution and Infrastructure Co.
Pvt. Ltd., Thane. Thane Municipal
Corporation, Old Ward Building, 2nd
Floor, Majiwada Village, Thane
(West).

Issued to M/s.________________________________________________
___________________________________________________________
Vide D.R. No. __________ Dated ________________________________

General Manager (C/O&M) / Chief Financial Officer

 4

STEM WATER DIST. & INFRA. CO. PVT. LTD., THANE

DETAILED TENDER NOTICE NO. 1 (1) FOR 2016-17

STEM Water Distribution & Infrastructure Co. Pvt. Ltd., Thane invites tenders through
E – Tendering System for the following work on percentage rate B1 tender basis from
The firm must have valid registration for having annual turnover of Rs.7 lakhs & above
for Civil. Contractor with any Govt. / Semi Govt. organization like PWD, MIDC, CIDCO
etc.

OR

Class ‘VII’ and above (Rs. 7.00 Lac’s and above) in Civil with MJP.

Sr.No. Name of Work Estimated Earnest Cost of Period of

cost Money Tender completion
(in Rs.) Deposit (in
1% Rs )
(In Rs.)

1 Repairing of Doors
and Windows of
Filter house at
Temghar 4,15,199/- 4,155/- 1,000/- 2 (Two) calendar
month including
monsoon

1). Security Deposit : Total 4% (four percent) security deposit will be recovered.
a) Initial Security Deposit will be 2% of the estimated cost or contract value
whichever is higher in the form of F.D.R. in the name of Managing
Director, STEM Water Distribution & Infrastructure Co. Pvt. Ltd., Thane
from any Nationalized/ Scheduled Bank for initial minimum period of One
year, extendable upto defect liability period of the work. It will be entirely
responsibility of the contractor for renewal the same till the defect liability
period of work. Lowest bidder may convert EMD into a part of initial S.D.

b) Balance 2% Security Deposit of estimated cost or contract value

whichever is higher will be recovered at 5% of bill amount through
running bills.
 5

c) a) Additional Security Deposit: If the tender is proposed to

be accepted at the rate quoted less than estimated cost put to tender,
security deposit over and above 4% at the rate below shall have to
be paid by the tenderer.

i) For offer upto 10% below : Nil.

ii) For offer from 10% and up to 15% below: 2% initial.
iii) For offer more than 15% below: 4% initial.
Additional S.D. shall be in the form of fixed deposit receipt of
nationalized/ scheduled Bank only. Additional Security Deposit on
account of below offers will be refunded with final bill only.
b) Stamp Duty – Stamp duty at 2% of total security deposit including
addition Security Deposit if any or at the rate in force on the date of
agreement, in addition to Rs.100/- stamp paper.

2) Time of Completion : 2 (Two) calendar months including monsoon. This will be counted
from the date of work order.

3) Eligibility Criteria :

1) The firm must have valid registration for having annual turnover of Rs.7
lakhs & above for Civil Contractor with any Govt. / Semi Govt.
organization like PWD, MIDC, CIDCO etc.

OR

Class ‘VII’ and above (Rs. 7.00 lac’s & above) in Civil with MJP.

2) The firm should have following minimum experience.

The contractor should have experience of same type of work.

3) All experience certificates shall be issued by the officer not below the rank
of Executive Engineer / General Manager and all paper of P.Q. shall be in
attested true copy. The original certificate shall be produced for
verification on demand.
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TENDER PROGRAMME.

Issue of blank tender form :

1 ) The blank tender forms are available for download at www.stem.abcprocure.com

on Dated : 19.05.2016 to 26.05.2016 upto 12.00 hrs.

2 ) For participating in the tender procedure the Contractor has to enroll himself with
www.stem.abcprocure.com

3 ) The digital signature is mandatory. The Contractor will have to purchase it from any
government digital certificate authority.

4 ) For any other queries, Contractor can contact Help Line No.9930121507

5 ) Blank tender forms can be download from above mentioned website. The Tender cost
Rs.1000/-(Rupees One Thousand Only) (Non-Refundable) shall be paid as per e tendering
procedure.

6 ) Earnest Money Deposit of Rs.4,155/- ( Rupees Four thousand One hundred Fifty Five
only) should be paid as per e-tendering procedure.

7 ) The Contractor has to submit the Tender online only.

8 ) STEM WATER DISTRIBUTION & INFRASTRUCTURE CO. PVT. LTD., THANE

reserves their right to make any changes in the above schedule.

METHOD FOR PURCHASING OF BLANK TENDER FORM:

Contractor can download the blank tender document online between 19.05.2016 to 26.05.2016.
The Contractors should have to submit the tender form fee on line
1 Pre-bid meeting.
 7

2 Procedure for payment of The Contractors should have to submit EMD & cost of
Cost of Blank Tender blank tender form as per E Tendering Procedure. EMD
Form and Submission of & Cost of Blank Tender shall be payable through one of
EMD the following modes only:
1. Net-Banking
2. Debit Card
3. 3.Credit Card
4. RTGS / NEFT
For paying the Documents Fees / EMD through the
option (4) above, that is, RTGS / NEFT, please
follow the below process :
1. Please mention the following details while
making the RTGS / NEFT payment from
your blank :
a. Beneficiary account number-
<STEM+Bidder Code> For example, in
case your bidder code is ABC6621,
kindly mentiohn STEMABC6621 as the
beneficiary account number.
(Bidder code shall be available through
the E-tendering portal)
b. Beneficiary bank branch – ICICI Bank,
CMS
c. Beneficiary IFSC code – ICIC0000104
2. One day after making the payment, please
log in to our portal. While making payment
for Document Fee / EMD, please select the
RTGS / NEFT payment option at the
document fee / EMD payment screen. Upon
doing so, you shall able to view the funds
remitted by you through NEFT / RTGS as
avilable balance.
3. Please proceed to make the payment. Upon
doing so, the required amount to be paid
through the Document fee / EMD, shall get
appropriately deducted from the available
balance and payment shall be confirmed real
time.
4. A receipt number would also get generated
after successful payment.
5. Kindly note that the payment is required to
be made one day before you would like to
make the document fee / EMD payment
through our portal.

Confirmation of Bank account details for

refunds:
1. Please note, you are requested to confirm
your blank account details i.e. Bank
Account Number, IFSC Code in the Refund
 8

Request from available in the e-tendering

website. It is mandatory, kindly fill it
correctly.

Refunds :
1. Bidders have the option to place request for
refund of unutilized available balance. On
submitting refund request, the amount
would be transferred to your refund account
bank details within T+1 day via NEFT.
2. In the event of unsuccessful bid, the amount
would get reflected as available balance
under this option if the amount has been
paid via RTGS / NEFT.
Please fill free to get in touch with our
e-procurement support team in case any
clarification is required.
Contractors are requested to note :-
1. It will be solely upon the bidder’s choice to
select any of these payment option best
suited to him. It is understood that the
bidder is aware of the payment cycle and
other technical requirements / payment
process under each of these mods. It is
bidder’s responsibility to see that the
amount of EMD & cost of Blank Tender
Form (BTC) are credited (in case of
payment by NEFT / RTGS, the payment
referred herein above may not mean final
submission of EMD / BTC etc to STEM.
The EMD / BTC etc shall be paid / credited
to STEM only when the bidder completes
the Tender Document and other formalities
online and submits the Tender, in the e-
tender system well before the scheduled
time and date, to be able to proceed with
final submission of his tender along with the
EMD & BTC to STEM.

STEM will not be responsible for any failure

on part of the bidder in submission of the
tender and / or the EMD / BTC etc. before
schedules time and date, for any reason
whatsoever, including, inter-alia, non-credit
of said amounts of EMD / cost of Blank
Tender Form, and therefore no claims shall
be entertained on these grounds.

Under this online payment system for e-

 9

tendering the tenders will not be submitted /

received by STEM unless the EMD & cost
of Bank Tender are received / credited
before scheduled time and date. Hence,
bidder shall remit the said amount well in
advance. It is clarified that the tenders –
both Technical and Financial – will not be
considered for opening if EMD and BTC are
not received / credited before schedule time
and date, for any reason whatsoever.

ALERT:- For the RTGS / NEFT payment

option, considering that the payments are
settled by RBI in batches, it is advisable that
the bidder completes the leg of transfer of
funds, from his bank account to his own
User Account in the e-tendering system, one
day before his desired day of submitting his
tender to STEM.

2. Bidder shall submit the copy of generated

receipt of Net-banking / Debit Card / RTGS
/ NEFT in the envelop No.1

“Upon successful payment of the EMD & Cost

of Blank Tender by Net-Banking / Debit Card /
Credit Card / RTGS / NEFT, the system will
generate a ‘Receipt having Number’.

3 Submission of tender Date: on or before 26.05.2016 on

online. www.stem.abcprocure.com up to Time: 12.00 Hrs.

4 Opening of Technical bid Date: On 26.05.2016

on website. Time: 15.00 Hrs.(if possible)
(Envelop no .1)

5 Opening of Financial bid Date: On 26.05 .2016

for prequalified Time: 15.00 Hrs. (if possible)
contractors
on website.(Envelop no .2)

5) Date of Submission of Online tender is:

On 26.05.2016 upto 12.00 hrs.
 10

6) Place of Submission :
The Contractor has to submit the Tender online only on www.stem.abcprocure.com

7) Cost of Blank Tender Form :

Rs.1000/- (Rupees One Thousand only) per set. (non refundable). Cost of
Blank Tender Form will be paid as per E – Tendering System.

8) Validity of the Offer :

180 (One hundred eighty) days from the date of opening of the tender.

9) Manner of Submission of Tender and it’s Accompaniments:

Tender shall be submitted in two separate sealed Envelopes. The Tender shall
submit the tender and documents in two sealed envelopes as below :
a) Envelope No.1 : ( Online Only )
The First Envelope clearly marked as Envelope No.1 and name of work
shall contain following documents.
i) Earnest Money Deposit as explained above.
ii) Registration certificate in appropriate class (true copy).
iii) Experience Certificate.

All above documents shall be enclosed in the Envelope No.1, if any, of the
above documents are not found in Envelope No.1, Envelope No. 2 will not
be opened.

b) Envelope No.2 : ( Online Only )

The second Envelope Clearly marked as Envelope No.2 with name of
work shall contain only main tender including unconditional covering
letter.

The Tenderer should quote his offer on printed B-1 forms of the tender as
percentage of estimated rates in word and figure at the appropriated place
of tender documents to be submitted only in Envelope No. 2 he should not
quote this offer any where directly or indirectly in Envelope No.1. The
 11

contractor shall quote for the work as per details given in the main tender.
Offer shall be unconditional.

c) Submission of Tender :
The Contractor has to submit the Tender online only on
www.stem.abcprocure.com

10) Opening of Tender :

The tenders will be opened on the date specified in the Tender Notice i.e. on
26.05.2016 at 15.00 hrs. (if possible) in the presence of the intending bidders or
their authorised representative to whom they may choose to remain present.
Following procedure will be adopted for opening of the Tender.

Envelope No. 1
First of all Envelope No.1 of the Tender will be opened to verify its contents as
per requirements. If the various documents contained in this envelope do not meet
the requirements of the STEM Water Distribution & Infrastructure Co. Pvt. Ltd.,
Thane, a note will be recorded accordingly by the tender opening authority and the
said Tenderer’s Envelope No.2 will not be considered for further action but the
same will be rejected.

Envelope No.2
After opening of Envelope No.1 if contents of Envelope No.1 are found to be
acceptable to the STEM Water Distribution & Infrastructure Co. Pvt. Ltd., Thane
then only this Envelope No.2 shall be opened immediately. The tendered rates in
B-1 Form on the basis of percentage above/ below / at par of the estimated rates
put to tender shall then be read out.

11) Works Contract Tax / VAT and Income Tax on gross value of the bill, at the
prevailing rate will be deducted From each R.A. / Final bill of the contractor till
the agency has produced certificate from sales Tax Dept./ Income Tax Dept. to the
effect that not to deduct work Contract Tax/ VAT / Income Tax for this contract at
source. No reimbursement on this account is admissible. 1% of actual value of
work will be deducted from each R.A. Bill and Final Bill as a cess under the
 12

provision of Building & other construction works welfare cess Act, 1996. No
reimbursement on this account will be admissible.

12) The tendered rate shall be inclusive of all taxes, duties, levies, service charges,
cess, LBT (including Sales Tax, Custom Duty, VAT, Income Tax, Works
Contract Tax, Service Tax / Service Tax - Reverse Charge Mechanism, Octroi
etc.) as amended from time to time. No extra payment on this account shall be
made to the contractor. Rise in rate of any type of taxes and duties or new taxes,
and duties imposed by the Govt. after quoting offer are also not admissible for
reimbursement. This provision / condition shall stand, supersedes to that any
contradictory provision and prevail. Bidder should quote accordingly.

13) All bidders are cautioned that tender containing any deviation from the contractual
terms and conditions. Specifications or other requirements are liable to be
rejected as non-responsive payment of excess quantities under clause 38,
escalation-price variation and extra items, will be made only after approval of
Board of Directors OR by appropriate authority of STEM Water Distribution &
Infrastructure Co. Pvt. Ltd., Thane. All materials/ equipments to be used for this
work shall be fully tested at manufacturer’s works as per International Standards
and in presence of Engineer-in-charge and Third Party inspection appointed by
STEM. All testing, inspection charges shall be borne by the contractor only.

14) Earnest Money Deposit of first three lowest bidder will be returned to the
tenderers after the first lowest/ successful tenderer furnishes initial Security
Deposit and Duly enters in to the Contract. E.M.D.’s of remaining bidders will be
returned immediately on their written request.

15) No arbitration is allowed. In case of dispute or difference of opinion arising

between Engineer-in-charge & Contractor matter will be refer to the Board of
Directors of STEM Water Distribution & Infrastructure Co. Pvt. Ltd., Thane,
through General Manager (C/O&M), STEM Water Distribution & Infrastructure
Co. Pvt. Ltd., Thane, and the decision of Board of Directors will be final and
binding.
 13

16) All other rules regarding insurance, workman’s compensation, labour etc. shall be
binding on the contractor. The contractor shall be responsible to pay
compensation to his staff, labours according to labour compensation rules, labour
laws, on account of any accident and loss of limb, or life, property due to accident
etc.

17) In case of any clarification required with reference to contradictory provisions at

B-1 Form and on other papers of tender, provision stated in this Detailed Tender
Notice shall stand, supersedes to that contradictory provision and prevail.

18) Right Reserved :

1) Conditional Tender will be rejected.
2) Right to reject any or all tenders without assigning any reason thereof is
reserved by the Competent Authority whose decision will be final and
binding on tenderers.

Contractor General Manager (C/O&M)

STEM Water Dist. & Infra. Co. Pvt. Ltd.,
Thane
 14

FORM B-1
STEM WATER DISTRIBUTION & INFRASTRUCTURE CO. PVT. LTD.,
THANE
PERCENTAGE RATE TENDER AND CONTRACT FOR WORKS

DEPARTMENT : STEM WATER DISTRIBUTION & INFRASTRUCTURE CO.

PVT. LTD., THANE
CIRCLE :
DIVISION :

GENERAL RULES & DIRECTIONS FOR THE GUIDANCE OF

CONTRACTORS

1. All works, proposed to be executed by Contract, shall be notified in

a Form of invitation to tender, pasted on a Notice Board hung up in
the office of the General Manager (C/O&M).

This form will state the works to be carried out as well as the date of
submitting and opening tenders, and the time allowed for carrying out
the work, also the amount of earnest money to be deposited with the
tender, and the amount of the security deposit to be deposited by the
successful Tenderer and the percentage, if any, to be deducted from
bills. It will also state whether refund of quarry fees, royalties and
ground rents will be granted. Copies of any other documents
required in connection with the work shall be signed by the General
Manager (C/O&M) for the purpose of identification and shall also be
open for Inspection by Contractors at the office of the General
Manager (C/O&M) during office hours.

Where the works are proposed to be executed according to the

specifications recommended to a Contractor and approved by a
competent authority on behalf of the Stem Water Distribution &
Infrastructure Co. Pvt. Ltd., Thane, such specifications with designs
and drawings shall form a part of the accepted tender.

2. In the event of the tender, being submitted by a firm, it must be

signed by Partner thereof, and in the event of the absence of any
Partner, it shall be signed on his behalf by a person holding a power
of attorney authorizing him to do so.
 15

2.A (i) The Contractor shall pay alongwith the tender the sum of
Rs._4,155/- (Rupees Four thousand One hundred Fifty Five
only) as and by way of Earnest Money. The Contractor may
pay the said amount of Tender by forwarding alongwith the
tender a Term Deposit Receipt for one year for the said
amount issued by a Scheduled / Nationalised Bank for the like
amount in favour of Managing Director, the said amount of
earnest money shall not carry any interest whatsoever.

ii) In the event of his tender being accepted to the provisions of

Sub-Clause (III) below, the said amount of Earnest Money
Deposit shall be appropriated towards the amount of security
deposit payable by him under conditions of General Conditions
of Contract if the contractor request so in writing.

(iii) If after submitting the tender, the Contractor withdraws his

offer or modifies the same, or if after the acceptance of his
tender, the Contractor neglects to furnish the balance amount of
Security Deposit without prejudice to any other rights and powers
of the Stem Water Distribution & Infrastructure Co. Pvt. Ltd.,
Thane hereunder, or in law Stem Water Distribution &
Infrastructure Co. Pvt. Ltd., Thane shall be entitled to forfeit the
full amount to the Earnest Money deposited by him.

(iv) In the event of his tender not being accepted, the amount of
Earnest Money deposited by the Contractor shall unless it is prior
there to forfeited under the provisions of Sub-Clause (iii) above,
be refunded to him on his passing receipt therefor.

3. Receipts for payments made on account of any work, when executed

by a firm should also be signed by all the partners except where the
contractors are described in their tender as firm, in which case the
receipt shall be signed in the name of the firm by one of the partners,
or by some other person having authority to give effectual receipts of
the firm.

4. Any person who submits a tender shall fill up usual printed form
stating to what percentage above or below the rates specified in
Schedule-B (Memorandum showing Item of work to be carried out)
he is willing to undertake the work. Only one rate or such percentage
 16

on all estimated rates/scheduled rates shall be named, tenders which

propose any alterations in the works specified in the said form of
invitation to tender or in the time allowed for carrying out the work or
which contain separate percentage over estimated rates / schedule
rates for different sub-work or item, or which contain any other
conditions, of any sort which are not filled with the percentage as the
space provided for the purpose and not signed at proper place in the
printed B-1 Tender Form will be liable for rejection. No printed form
of tender, shall include a tender for more than one work. But, if the
contractors who wish to tender two or more works, they shall submit a
tender for each work separately. Tenders shall have the name and
number of the work to which they refer, written outside the
Envelopes.

5. The General Manager (C/O&M) or the competent authority or his

duly authorized Assistant shall open tenders in the presence of
contractors who have submitted tenders or their representatives who
may be present at the time, and he will enter the amounts of the
several tenders in a comparative statement in a suitable, form. In the
even of a tender being accepted, the contractor shall for the purpose of
identification, sign copies of the specification and other documents
mentioned in Rule-1. In the event of tender being rejected, the
Divisional Officer shall arrange to refund the amount of the earnest
money deposited to the tenderer, on his giving a receipt for the return
of the money.

6. The officer competent to dispose of the tenders shall have the right of
rejecting all or any of the tenders.

7. No receipt for any payment alleged to have been made by a contractor

in regard to any matter relating to this tender or the contract shall be
valid and binding on STEM Water Distribution & Infrastructure Co.
Pvt. Ltd., Thane unless it is signed by the General Manager
(C/O&M).

8. The memorandum of work to be tendered for the schedule of

materials to be supplied by the STEM Water Distribution &
Infrastructure Co. Pvt. Ltd., Thane (hereinbefore and after called as
STEM WATER DISTRIBUTION & INFRASTRUCTURE CO. PVT.
LTD., THANE or Stem Water Distribution & Infrastructure Co. Pvt.
 17

Ltd., Thane for brevity) and their rates shall be filled in and
completed by the office of the General Manager (C/O&M) before the
tender form is issued. If a form issued to an intending Tenderer has
not been so filled in and completed he shall request the said office to
have this done before he completes and delivers his tender.

9. All work shall be measured net by standard measure and according to

the rules and customs of the Stem Water Distribution & Infrastructure
Co. Pvt. Ltd., Thane without reference to any local custom.

10. Under no circumstances shall any contractor be entitled to claim

enhanced rates for items in this contract.

11. Every registered contractor should produce along with his tender
certificate of registration as approved contractor in the appropriate
class and renewal of such registration with date of expiry.

12. All corrections and additions or pasted slips should be initialed.

13. The measurements of work shall be taken according to the usual

methods in use in the Stem Water Distribution & Infrastructure Co.
Pvt. Ltd., Thane and no proposals to adopt alternative methods will
be accepted. The General Manager (C/O&M)’s decision as to what
is the usual method in use in the Stem Water Distribution &
Infrastructure Co. Pvt. Ltd., Thane will be final.

14. The tendering Contractor shall furnish a declaration along with the
tender showing all works for which he has already entered into
contract, and the value of the work that remains to be executed in
each case on the date of submitting the tender such certificate shall be
in the proforma attached in the tender document.

15. Every Tenderer shall furnish along with the tender information
regarding the Income-tax Circle or Ward of the district in which he is
assessed to Income-tax, the reference to the number of the assessment
and the assessment year and a valid Income-tax clearance certificate.

16. In view of the difficult position regarding the availability of foreign

exchange, no foreign exchange would be released by the Stem Water
Distribution & Infrastructure Co. Pvt. Ltd., Thane for the purchase of
plant and machinery or any other purpose for the execution of the
 18

work contracted for.

17. Every registered or unregistered contractor should furnish along with
tender a statement showing previous experience and technical staff
employed by him.

18. Successful Tenderer will have to produce to the satisfaction of the

accepting authority a valid and current license issued in his favour
under the provision of Contract Labour (Regulation and Abolition
Act, 1973) before starting work failing which acceptance of the
tender will be liable for withdrawal and Earnest Money / Security
Deposit will be forfeited to Stem Water Distribution & Infrastructure
Co. Pvt. Ltd., Thane.

19. The contractor shall comply with the provisions of the Apprentices
Act 1961 and the rules and orders issued thereunder from time to
time. If he fails to do so, his failure will be a breach of the contract
and the General Manager (C/O&M), may, in his discretion cancel the
contract. The Contractor shall also be liable, for any pecuniary
liability arising on account of any violation by him of the provisions
of the Act.

I/We hereby tender for the execution for the Stem Water Distribution
& Infrastructure Co. Pvt. Ltd., Thane (hereinbefore and hereinafter
referred to as “Stem Water Distribution & Infrastructure Co. Pvt.
in figure as Ltd., Thane” or STEM WATER DISTRIBUTION &
well as in INFRASTRUCTURE CO. PVT. LTD., THANE) of the work
words. specified in the underwritten memorandum within the time specified
in such memorandum at_________________
_____________________________________ percent below/above
the estimated rates entered in Schedule B (memorandum showing
items of work to be carried out) and in accordance in all respects with
the specifications, designs, drawings and instructions in writing
referred to in Rule 1 hereof and in clause 12 of the annexed
conditions of contract and agree that what materials for the work are
provided by the Stem Water Distribution & Infrastructure Co. Pvt.
Ltd., Thane such materials and the rates to be paid for them shall be
as provided in Schedule ‘A’ here.
 19

MEMORANDUM
1.(A) Repairing of Doors and Windows of Filter house a) If several sub works
at Temghar are included, same
should be detailed in a
separate list.
B) Estimated cost: Rs.4,15,199/-

C) Earnest money: Rs. 4,155/- c) The amount of earnest

money to be deposited
shall be in accordance
with the provision of
paras 206 and 207 of
the MPW Manual.

D) Security deposit: Total 4% of estimated cost d) This deposit shall be in

accordance with the
paras 213 and 214 of
the MPW Manual,
instruction issued by
STEM WATER
DISTRIBUTION &
INFRASTRUCTURE
CO. PVT. LTD.,
THANE from time to
time

(i) ( 2% Initial Security Deposit shall be in form

of FDR from any Nationalized/Scheduled Bank.)

(ii) Balance 2% amount of security deposit, will be

recovered through each Running Bill at 5% of the
gross amount till the required total amount of
Security Deposit is recovered.

E) Percentage if any, to be deducted from bills so as e This percentage where

to make up the total amount required as security & no security deposit is
deposit @ 5 % percent. f) taken will vary from
5% to 10% .
F) Additional Security Deposit h) If additional security
If the tender is proposed to be accepted at the rate deposit
quoted less than estimated costs put to tender,
additional security deposit over and above 4% in
at the below rate shall have to be paid by the
tenderer.
a) For offer up to 10% below Nil
b) For offer up to 10% to 15% below 2%
c) For offer more than 15% below 4%
(Additional security deposit shall be based on
estimated cost put to tender)
 20

The additional security deposit in full in the form

of FDR / Bank Guarantee will have to deposited at
the time of agreement.
The additional S.D. will be refunded after
completion of work in all respect only.
G) Time allowed for the work from date of written g) Give Schedule where
order to completion – 2 calendar months including necessary showing
monsoon. dates by which the
various items are to be
completed.

2. I/We agree that the offer shall remain open for a minimum period of 120
days from the date fixed for opening the same and thereafter until it is
withdrawn by me/us by notice in writing duly addressed to the authority
opening the tenders and sent by registered post A. D. or otherwise
delivered at the office of the such authority. Term Deposit Receipt No. /
Demand Draft No. ________ dated _______________). And date in
respect of sum of Rs._____________ in words
(Rs.__________________________
_______________________________________________ only) is
enclosed. The amount of earnest money shall be liable to be forfeited to the
Stem Water Distribution & Infrastructure Co. Pvt. Ltd., Thane should I/We
fail to (i) abide by the stipulation to keep the offer open for the period
mentioned above or (ii) sign and complete the contract documents as
required by the Engineer and furnish the security deposit as specified in
item (d) of the memorandum contained in paragraph (1) above within the
time limit laid down in clause (1) of the annexed General Conditions of
Contract, the amount of earnest money may be adjusted towards the
security deposit or refunded to me/us if so desired by me/us in writing
unless the same or any part thereof has been forfeited as aforesaid.

3. Deleted.

4. Should this tender be accepted I/We hereby agree to abide by and fulfil all
the terms and provisions of the conditions of contact annexed hereto so far
as applicable and in default hereof to forfeit and pay to Stem Water
Distribution & Infrastructure Co. Pvt. Ltd., Thane the sums of money
mentioned in the said conditions.

* Term Deposit Receipt No. _______________ dated ___________ from the

Amoun Bank.*
t to be
 21

specifie
d in
words
and
figures
* Name At____________________________________________________
of the in respect of the sum of *Rs._____________/- (Rupees_________
Bank _________________________________________________ only)
to be
specifie
d
Strike is herewith forwarded representing the earnest money (a) the full value of
out (a) which is to be absolutely forfeited to Stem Water Distribution &
if no Infrastructure Co. Pvt. Ltd., Thane should I/We not deposit the full amount
case of security deposit specified in the above memorandum in accordance with
security (d) of clause (1) of the tender for works shall be refunded.
deposit
is to be
taken

(**) Contractor (**)

Signatu
re of
contrac
tor
before
submis
sion of
tender.

Address

Dated the day of 200

#
Signat (Witness)
ure of
witness
or
contrac
 22

tor’s
Signat
ure

(Witness)
Address
(Occupation)

The above tender is hereby accepted by me for and on behalf of the Stem
Water Distribution & Infrastructure Co. Pvt. Ltd., Thane.

(*) (*)
Signatu General Manager (C/O&M)
re of
the
officer
by
whom
accepte
d.

Dated day of 200

 23

Conditions of Contract

Clause 1 : The person/persons whose tender may be accepted (hereinafter

called the contractor which expression shall unless excluded by or repugnant
to the context include his heirs, executors, administrators and assignors)
Security
shall (A) within 10 days (which may be extended by the General Manager
Deposit (C/O&M) concerned upto 15 days if the General Manager (C/O&M) thinks
fit to do so) of the receipt by him of the notification of the acceptance of his
tender deposit with the General Manager (C/O&M) in cash or Government
securities endorsed to the General Manager (C/O&M) (if deposits for more
than 12 months) or Bank Guarantee from Schedule Bank of sum sufficient
which will make up the 50% of the total full security deposit specified in the
tender. Provided always that in the event of the contractor depositing a lump
sum by way of security deposit as contemplated at (A) above, then and in
such case, if the sum so deposited shall not amount to 4% OR as stated in 1
of General Conditions above the total estimated cost of the work, it shall be
lawful for Stem Water Distribution & Infrastructure Co. Pvt. Ltd., Thane at
the time of making any payment to the contractor for work done under the
contract to make-up the full amount of percent by deducting a sufficient sum
from every such payment as last aforesaid until the full amount to the
security deposit is made up. All compensation or other sums of moneys
payable by the contractor to Stem Water Distribution & Infrastructure Co.
Pvt. Ltd., Thane under the terms of his contract may be deducted from or
paid by the sale of sufficient part of his security deposit or from the interest
arising there from, from any sums which may be due or may become due by
Stem Water Distribution & Infrastructure Co. Pvt. Ltd., Thane to the
contractor under any other contract or transaction on any account
whatsoever and in the event of his security deposit being reduced by reason
of any such deduction or sale as aforesaid, the contractor shall, within ten
days thereafter, make good in cash or Government securities endorsed as
aforesaid or Bank Guarantee issued by Bank any sum or sums which may
have been deducted from or raised by sale of his security deposited or any
part thereof. The security deposit refund to, when paid in cash may, at the
cost of the depositor, be converted into interest bearing securities provided
that the depositor has expressly desired this in writing.

If the amount of the security deposit to be paid in a lump sum within the
period specified at (A) above is not paid the tender/contract already
accepted shall be considered as cancelled and legal steps will be taken
against the contractor for recovery of the amount. The amount of the
security deposit lodged by a contractor shall be refunded along with the
payment of the final bill, if the date upto, which the contractor has agreed to
maintain the work in good order, or if the date upto which the contractor has
guaranteed for any defect (whichever is later) is over. If such date is not
over only 50% amount of security deposit shall be refunded along with the
payment of the final bill and on certifying by the Engineer-in-charge that
50% Security Deposit will be sufficient to meet all the liability for the
balance defect liability period. The amount of security deposit retained by
the Stem Water Distribution & Infrastructure Co. Pvt. Ltd., Thane shall be
released after expiry of period upto, which the contractor has agree to
 24

maintain the work in good order or upto which the contractor has guaranteed
for any defect (whichever is later) is over. In the event of the contractor
failing or neglecting to complete rectification work within the period upto
which the contractor has agree to maintain the work in good order, then
subject to provisions of clause 17 and 20 hereof the amount of security
deposit retained by Stem Water Distribution & Infrastructure Co. Pvt. Ltd.,
Thane shall be adjusted towards the excess cost incurred by the STEM
WATER DISTRIBUTION & INFRASTRUCTURE CO. PVT. LTD.,
THANE on rectification work.

Compen
sation
for
delay

Clause 2 : The time allowed for carrying out the work as entered in the
tender shall be strictly observed by the contractor and shall be reckoned
from the date on which the order to commence work is given to the
contractor. The work shall throughout the stipulated period of the contract
be proceeded with, with all due diligence (time being deemed to be of the
essence of the as contract on the part of the contractor. And further to ensure
good progress during execution of the work, the contractor shall be bound in
all cases in which the time allowed for any work exceeds one month to
complete for complete minimum quantum of work as compared to accepted
tender cost as stated below :-

1. ¼ of the work in ¼ of the time

2. ½ of the work in ½ of the time.

3. ¾ of the work in ¾ of the time.

And abide by the programme of detailed progress laid down by the General
Manager (C/O&M). However, in case of ground water source adopted for
the scheme the work of development of source shall only be taken in hand
by the contractor first and only after ascertaining adequacy of the yield
through GSDA during the summer period, the remaining works shall be
undertaken for execution after obtaining written permission from the
General Manager (C/O&M). No material shall be purchased till the
adequacy of the source is confirmed and written orders to proceed for
remaining works are obtained from the General Manager (C/O&M). In case
of failure of the original source due to inadequate yield or any other reason
the contractor shall have to take up the work of other suitable source
suggested by GSDA and to ascertain its adequacy during summer. In such
case the General Manager (C/O&M) will ascertain the reasonable time
required for completion of remaining works included in the contract and
shall grant suitable extension to the Contractor the decision of the engineer-
in-charge regarding suitable extension shall be treated as final an binding on
the contractor. However, such extension shall not be less than ½ of period of
completion stated in the original contract. The Contractor shall prepare
 25

revised programme of work based on extended time limit granted and shall
get the same approved from the General Manager (C/O&M). Based on
approved revised programme the progress of the contractor shall be watched
for imposing compensation by the General Manager (C/O&M). The
Contractor shall prepare modified programme on completion of successful
yield test and get it approved from the Engineer-in-charge and such
approved and modified programme shall be binding on the Contractor in
case of all other schemes where ground water is not proposed as source and
have other assured water source, works of all the sub-works can be taken up
by the contractor simultaneously and for such scheme the time limit stated
in the Contract shall be treated as final and binding on the Contractor failing
which the compensation as stated in the clause shall be recoverable.

In the event of the contractor failing to comply with this condition he

shall be liable to pay as compensation an amount equal to 1% (one percent)
of the estimated cost put to tender or such smaller amount as the General
Manager (C/O&M) (whose decision in writing shall be final) may decide of
the said estimated cost of the whole work for every day that the due quantity
of work remains incomplete provided always that the total amount of
compensation to be paid under the provisions of this clause shall not exceed
10 percent of the estimated cost of the work as shown in the tender. General
Manager (C/O&M) should be the final authority in this respect irrespective
of the fact that the tender is accepted by Chief Engineer/ General Manager
(C/O&M) / General Manager (C/O&M).

Action Clause 3 : In any case in which under any clause of this contract the
when contractor shall have rendered himself liable to pay compensation
whole of amounting to the whole of his security deposit (actually in hand with the
security Engineer-in-charge on the date on which action under this clause is taken
deposit irrespective of Security Deposit specified in the contract whether paid in one
is sum or Deducted by installments) or in the case, of abandonment of the
forfeited work owing to serious illness or death of the contractor or any other cause
the Engineer, on behalf of the Stem Water Distribution & Infrastructure Co.
Pvt. Ltd., Thane, shall have power to adopt any of the following courses, as
he may deem best suited to interest of Stem Water Distribution &
Infrastructure Co. Pvt. Ltd., Thane :-

(a) To rescind the contract (for which recession notice in writing to the
contractor under the hand of General Manager (C/O&M) shall be conclusive
evidence) and in that case the Security Deposit of the contractor shall stand
forfeited and be absolutely at the disposal of Stem Water Distribution &
Infrastructure Co. Pvt. Ltd., Thane.

(b) To carry out the work or any part of the work departmentally or
through other contractor by debiting the original contractor with the cost of
the work, expenditure incurred on tools and plant, and charges for
advertisement for fixing new contractor and those on additional supervisory
staff including the cost of work charged, establishment for getting the
unexecuted part of the work completed and crediting him with the value of
 26

the work done departmentally / or through new contractor in all respects in

the same manner and at the same rates as if it had been carried out by the
contractor under the terms of his contract. The certificate of the General
Manager (C/O&M) as to the costs and other allied expenses so incurred and
as so to the value of the work so done departmentally shall be final and
conclusive against the contractor.

(c) To order that the work of the contractor be measured up and to take
such part thereof as shall be unexecuted out of his hands, and to give it to
another contractor to complete, in which case all expenses incurred on
advertisement for fixing a new contracting agency, additional supervisory
staff including the cost of work charge establishment and the cost of the
work executed by the new contract agency will be debited to other
contractor and the value of the work done or executed through the new
contractor be credited in the same manner and at the same rates as if it had
been carried out by the contractor under the terms of his contract. The
certificate of the General Manager (C/O&M) as to all the cost of the work
and other expenses incurred as aforesaid for getting the unexecuted work
done by the new contractor and as to the value of the work so done shall be
final and conclusive against the contractor.

In case the contract shall be rescinded under clause (a) above, the
contractor shall not be entitled to recover or be paid, any sum for any work
therefore actually performed by him under this contract unless and until the
General Manager (C/O&M) shall have certified in writing about the
performance of the such work and the amount payable to him in respect
thereof and he shall only be entitled to be paid the amount so certified. In
the event of either the courses referred to in clause (b) or (c) being adopted
and the cost of the work executed departmentally or through a new
contractor and other allied expenses exceeding the value of such work
credited the contractors, the amount of excess shall be deducted from any
money due to the contractor by Stem Water Distribution & Infrastructure
Co. Pvt. Ltd., Thane under the contract or otherwise howsoever or from his
security deposit or the sale proceeds thereof provided however that the
contractor shall have no claim against Stem Water Distribution &
Infrastructure Co. Pvt. Ltd., Thane even if the certified value of the work
done departmentally or through a new contractor exceeds the certified cost
of such work and allied expenses, provided always that whichever of the
three courses mentioned in clauses (a), (b) and (c) is adopted by the General
Manager (C/O&M), the contractor shall have no claim to compensation for
any loss sustained by him by reason of not having purchased or procured
any materials, or entered into any engagements, or made any advance on
account of or with a view to the execution of the work or the performance of
the contract. The extra cost involved in the completion of the balance work
carried out through the other contractor under Clause – 3(C) shall be
recoverable from the contractor over and above the compensation levied
under Clause 2 and the Security Deposit shall be apportioned against the
total recoveries for this purpose also.
 27

Action Clause 4 : If the progress of any particular portion of the work is

when unsatisfactory, the General Manager (C/O&M) shall notwithstanding that
the the general progress of the work is in accordance with the conditions
progress mentioned in clause 2 be entitled to take action under clause 3 (b) after
of any giving the contractor 10 days notice in writing. The contractor will have no
particul claim for compensation, for any loss sustained by him owing to such action.
ar
portion
of the
work is
unsatisf
actory.

Contrac Clause 5 : In any case in which any of the powers conferred upon the
tor General Manager (C/O&M) by clauses 3 and 4 hereof shall have become
remain exercisable and the same shall not have been exercised the non-exercise
liable to thereof shall not constitute waiving of any of the conditions hereof the such
pay powers shall notwithstanding be exercisable in the event of any future case
compen- of default by the contractor for which under any clauses hereof he is
sation if declared liable to pay compensation amounting to the whole of his security
action deposit and the liability of the contractor for past and future compensation
not shall remain unaffected. In the event of the General Manager (C/O&M)
taken taking action under Sub-Clause (a) or (c) of clause 3, he may, if he so
under desires, take possession of all or any tools and plants, materials and stores,
clauses in or upon the work or the site thereof or belonging to the contractor, or
3&4 procured by him and intended to be used for the execution of the work or
any part thereof paying or allowing for the same in account at the contract
rates or in the case of contract rates not being applicable at current market
rates to be certified by the General Manager (C/O&M) whose certificate
thereof shall be final. In the alternative the General Manager (C/O&M) may
after giving notice in writing to the contractor or his clerk of the work,
foreman or other authorized agent require him to remove such tools, plant,
materials or stores from the premises within a time to be specified in such
notice, and in the event of the contractor failing to comply with any such
requisition, the General Manager (C/O&M) may remove them at the
contractor’s expense or sell them by auction or private sale on account of
the contractor and at his risk in all respects, and the certificate of the
General Manager (C/O&M) as to the expenses of any such removal and the
amount of the proceeds and expense of any such sale shall be final and
conclusive against the contractor.

Extensi Clause 6 : If the contractor shall desire an extension of the time for
on of completion of work on the ground of his having been unavoidably hindered
time in its execution or on any other ground, he shall apply in writing to the
General Manager (C/O&M) before the expiration of the period stipulated in
the tender or before the expiration of 30 days from the date on which he was
hindered as aforesaid or on which the cause for asking for extension
occurred, whichever is earlier and the General Manager (C/O&M) or in the
opinion of General Manager (C/O&M) or Chief Engineer, as the case may
be, if in his opinion, there were reasonable grounds for granting the
 28

extension, grant such extension as he thinks necessary or proper. The

decision of the General Manager (C/O&M) in this matter shall be final.

Final Clause 7 : On the completion of the work the contractor shall be furnished
certifica with a certificate by the General Manager (C/O&M) (hereinafter and
te hereinbefore called the Engineer-in-charge) of such completion but neither
such certificate shall be given nor shall the work be considered to be
complete until the contractor shall have removed from the premises on
which the work shall have been executed, all scaffolding surplus materials
and rubbish his tools, plants and equipments and shall have cleaned off the
dirt from all woodwork, doors, windows, walls, floor or other parts of any
building in or upon which the work has been executed or of which he may
have had possession for the purpose of executing the work nor until the
work shall have been measured by the Engineer-in-charge or where the
measurements have been taken by his subordinates until they have received
approval of the Engineer-in-charge the said measurements being binding
and conclusive against the contractor. If the contractor shall fail to comply
with the requirements of this clause as to the removal of scaffolding, surplus
materials and rubbish and cleaning off the dirt on or before the date fixed for
the completion of the work, the Engineer-in-charge may at the expense of
the contractor, remove such scaffolding, tools and plants, equipments
surplus materials and rubbish and dispose off the same as the thinks fit and
clean off such dirt as aforesaid and the contractor shall forthwith pay the
amount of all expenses so incurred but shall have no claim in respect of any
such scaffolding tools and plants equipments or surplus materials as
aforesaid except for any sum actually realized by the sale thereof.

Payment on Clause 8 : No payment shall be made for any work estimated to cost less
intermediate than Rupees one thousand till the whole of work shall have been completed
certificate to and a certificate of completion given. But in the case of works estimated to
be regarded cost more than Rupees one thousand the contractor shall on submitting a
as advance monthly bill therefore be entitled to receive payment proportionate to the
part of the work than approved and passed by the Engineer-in-charge, whose
certificate of such approval and passing of the sum so payable shall be final
and conclusive against the contractor. All such intermediate payments shall
be regarded as payment by way of advance against the final payments only
as payments for work actually done and completed and shall not preclude
the Engineer-in-charge for requiring any bad, unsound, imperfect or
unskillful work to be removed or taken away and reconstructed or re-erected
nor shall any such payment be considered as an admission of the due
performance of the contract or any part thereof in any respect or the
occurring of any claim nor shall it conclude determine or affect in any other
way the powers of the Engineer-in-charge as to the final settlement and
adjustment of the accounts or otherwise or is any other way very or affect
the contract. The final bill shall be submitted by the contractor within one
month of the date fixed for the completion of the work otherwise the
Engineer-in-charge’s certificate of the measurements and of the total
amount payable for the work shall be final and binding on all parties.
 29

Payment at Clause 9 : The rates for several items of works estimated to cost more than
reduced rates Rs.1000/- agreed to within, shall be valid only when the item concerned is
on account of accepted as having been completed fully in accordance with the sanctioned
items of work specification. In cases where the items of work are not accepted as so
not accepted completed by the Engineer-in-charge may make payment on account of such
as completed, items at such reduced rates as he may consider reasonable in the preparation
to be at the of final or on account bills.
discretion of
the Engineer-
in-charge.

Bills to be Clause 10 : A bill shall be submitted by the contractor in each month on or

submitted before the date fixed by the Engineer-in-charge for all work executed in the
monthly previous month and the Engineer-in-charge shall take or cause to be taken
the requisite measurements for the purpose of having the same verified and
the claim, so far as it is admissible shall be adjusted and paid if possible
within ten days from the presentation of the bill. If the contractor does not
submit the bill within the time fixed as aforesaid the Engineer-in-charge
may depute a subordinate to measure up the said work in the presence of the
contractor or his duly authorized agent whose counter signature to the
measurement list shall be sufficient warrant and the Engineer-in-charge may
prepare a bill from such list which shall be binding on the contractor in all
respects monthly bill will be prepared even if no work is done during the
month.

Bills to be on Clause 11 : The contractor shall submit all bills on the printed forms to be
printed form had on application at the office of the Engineer-in-charge. The charges to
be made in the bills shall always be entered at the rates specified in the
tender or in the case of any extra work ordered in pursuance of these
conditions and not mentioned or provided for in the tender at the rates
specified in the tender or in the case of any extra work ordered in pursuance
of these conditions and not mentioned or provided for in the tender at the
rates hereinafter provided for such work.

Stores Clause 12 : If the specification or estimate of the work provides for the use
supplied by of any special description of materials to be supplied from the store of the
Stem Water Stem Water Distribution & Infrastructure Co. Pvt. Ltd., Thane or if it is
Distribution required that the contractor shall use certain stores to be provided by the
& Engineer-in-charge (such material and stores and the prices to be charged
Infrastructur therefore as hereinafter mentioned being so far as practicable for the
e Co. Pvt. convenience of the contractor but not so as in any way to control the
Ltd., Thane meaning or effect of this contract specified in the schedule or memorandum
hereto annexed) the contractor shall be supplied with such materials and
stores as may be required from time to time to be used by him for the
purposes of the contract only and value of the full quantity of the materials
and stores so supplied shall be set off or deducted from any sums then due,
or thereafter to become due to the contractor under the contract or otherwise
or from the security deposit or the proceeds of sale thereof if the security
deposit is held in Government securities, the same or a sufficient portion
thereof shall in that case be sold for the purpose. All materials supplied to
 30

the contractor shall remain the absolute property of Stem Water Distribution
& Infrastructure Co. Pvt. Ltd., Thane and shall no account be removed from
the site of the work and shall at all times be open to inspection by the
Engineer-in-charge. Any such materials issued at cost but remained unused
and in perfectly good condition at the time of completion or determination
of the contract shall be returned to the Stem Water Distribution &
Infrastructure Co. Pvt. Ltd., Thane’s store if the Engineer-in-charge so
requires by a notice in writing given under his hand, but the contractor shall
not be entitled to return any such materials except with consent of the
Engineer-in-charge and he shall have no claim for compensation on account
of any such material supplied to him as aforesaid but remaining unused by
him or for any wastage in or, damage to any such materials.

The contractor shall however, return all unused material at the time of
completion, which was issued to him free of cost by the Engineer-in-charge
and which has remained surplus with the Contractor after accounting for the
actual utilization of such material from the total quantity that was issued by
the Engineer-in-Charge. Cost of any material issued free of cost by the
Engineer and which has remained surplus with the contractor but has not
returned back by him to the Engineer, shall be recovered by the Engineer
from the contractor at the issue rate of STEM WATER DISTRIBUTION &
INFRASTRUCTURE CO. PVT. LTD., THANE or market rate whichever is
more.

Storage of Clause 12 (A) : All stores of materials such as cement, steel etc. supplied
controlled to the contractor by Stem Water Distribution & Infrastructure Co. Pvt. Ltd.,
materials. Thane should be kept by the contractor in a separate store near the work site
under lock and key and will be accessible for inspection by the General
Manager (C/O&M) or his agent at all the times.

Works to be Clause 13 : The contractor shall execute the whole and every part of the
executed in work in the most substantial and workmanlike manner and both as regards
accordance materials and every other respect in strict accordance with specifications.
with The contractor shall also conform exactly fully and faithfully to the designs,
specifications drawings and instructions in writing relating to the work signed by the
, drawings, Engineer-in-charge and lodged in his office and to which the contractor
orders etc. shall be entitled to have access for the purpose of inspection at such office
or on the site of the work, during office hours. The contractor will be
receive one sets of contract drawing and working drawings as well as one
certified copy of the accepted tender along with the work order free of cost.
Further, copies of the contract drawings and working drawings if requires by
him shall be supplied at the rate of Rs.2000/- per set of contract drawings
and Rs.100/- per working drawing except where otherwise specified.

Alteration in Clause 14 : The Engineer-in-charge shall have power to make any

specifications alterations in or additions to the original specifications, drawings, design
and designs and instructions that may appear to him to be necessary or advisable during
not to the progress of the work and the contractor shall be bound to carry out the
invalidate work in accordance with any instructions in this connection which may be
contracts. given to him in writing signed by the Engineer-in-charge and such
 31

alterations shall not invalidate the contract and any additional work which
the contractor may be directed to do in the manner above specified as part of
the work shall be carried out by the Contractor on the same conditions in all
respects on which he agreed to do the main work and at the same rates as are
specified in the tender for the main work. And if the additional and altered
work includes any class of work for which no rate is specified in this
contract, then such class of work shall be carried out at the rates entered in
the Schedule of Rates of the Division with due consideration for leads and
lifts involved for materials and labour or at the rates mutually agreed upon
between the Engineer-in-charge and the contractor, whichever are lower.
However, if the Engineer-in-charge is not empowered by STEM WATER
DISTRIBUTION & INFRASTRUCTURE CO. PVT. LTD., THANE to
approve the rates of such additional or altered work then as far as possible
he shall obtain prior approval to the changes and to the rates payable for
such changes from competent authority of STEM WATER
DISTRIBUTION & INFRASTRUCTURE CO. PVT. LTD., THANE before
ordering the Contractor to take up the alternation / additional work. If the
additional or altered work, for which no rate is entered in the schedule or
rates of the Division, is ordered to be carried out before the rates are agreed
upon then the contractor shall within seven days of the date of receipt by
him of the order to carry out the work, inform the Engineer-in-charge of the
rate which it is his intention to charge for such class of work, and if the
Engineer in charge does not agree to this rate he shall by notice in writing be
Rates for at liberty to cancel his order in carry out such class of work and arrange to
work not carry out in such manner as he may consider advisable provided always that
entered in if the contractor shall commence the work or incur any expenditure in
estimate or regard there to before the rates shall have been determined as lastly
schedule of hereinbefore mentioned than in such case he shall only be entitled to be paid
rates of the in respect of the work carried out or expenditure incurred by him prior to the
district. date of the determination of the rate as aforesaid according to such rate or
rates as shall be fixed by the Engineer-in-charge. In the event of a dispute
the decision of the General Manager (C/O&M) of the Circle will be final.

Extension of Where, however, the work is to be executed according to the designs,

time in drawings and specifications recommended by the contractor and accepted
consequence by the competent authority the alterations above referred to shall be within
of additions the scope of such designs, drawings and specifications appended to the
or alterations tender. The time limit for the completion of the work shall be extended in
the proportion that the increase in its cost occasioned by alterations or
additions bears to the cost of the original contract work and the certificate of
the Engineer-in-charge as to such proportion shall be conclusive.

No claim to Clause 15 : (1) If at any time after the execution of the contract
any payment documents the Engineer shall for any reason what-so-ever (other than
or default on the part of the contractor for which the Stem Water Distribution
compensation & Infrastructure Co. Pvt. Ltd., Thane is entitled to rescind the contract)
for alteration desires that the whole or any part of the work specified in the tender should
in or be suspended for any period of that the whole or part of the work should not
restriction of be carried out at all, he shall give to the contractor a notice in writing of
work except such desire and upon the receipt of such notice the contractor shall forthwith
 32

specified in suspend or stop the work wholly or in part as required after having due
this clause. regard to the appropriate stage at which the work should be stopped or
suspended so as not to cause any damage or injury to the work already done
or endanger the safety thereof provided that the decision of the Engineer as
to the stage at which the work or any part of its could be or could have been
safely stopped or suspended shall be final and conclusive against the
contractor. The contractor shall have no claim to any payment or
compensation whatsoever by reason of or in pursuance of any notice as
aforesaid on account of any suspension, stoppage or curtailment except to
the extent specified hereinafter.

(2) Where the total suspension of work ordered as aforesaid continued for a
continuous period exceeding 90 days the contractor shall be at liberty to
withdraw from the contractual obligations under the contract so far as it
pertains to the unexecuted part of the work by giving a 90 days prior notice
in writing to the Engineer, within 30 days of the expiry of the said period of
90 days, of such mention and requiring the Engineer to record the final
measurements of the work already done and to pay final bill. Upon giving
such notice the contractor shall be deemed to have been discharged from his
obligation to complete the remaining unexecuted work under his contract.
On receipt of such notice the Engineer shall proceed to complete the
measurement and make such payment as may be finally due to the
contractor within a period of 90 days, from the receipt of such notice in
respect of the work already done by the contractor. Such payment shall not
in any manner prejudice the right of the contractor to any further
compensation under the remaining provisions of this clause.

(3) Where the Engineer required the contractor to suspend the work for a
period in excess of 30 days at any time or 60 days in the aggregate, the
contractor shall be entitled to apply to Engineer within 30 days of the
resumption of work after such suspension for payment of compensation to
the extent of pecuniary loss suffered by him in respect of working
machinery rendered idle on the site or on the account of his having required
to pay the salary or wages of Labour engaged by him during the said period
of suspension, provided always that the contractor shall not be entitled to
any claim in respect of any such working machinery, salary or wages for the
first 30 days whether consecutive or in the aggregate of such suspension or
in respect of any suspension whatsoever occasioned by unsatisfactory work
or any other default on his part. The decision of the Engineer in this regard
shall be final and conclusive against the contractor.

(4) In the event of -

No claim to (i) Any total stoppage of work on notice from the Engineer under Sub
compensation clause (1) in that behalf.
on account of
loss due to
delay in
 33

supply of (ii) Withdrawal by the Contractor from the contractual obligation to

materials by complete the remaining unexecuted work under sub clause (2) on
Stem Water account of continued suspension of work for a period exceeding 90
Distribution days.
&
Infrastructur
e Co. Pvt.
Ltd., Thane.
(iii) Curtailment in the quantity of item or item originally tendered on
account of any alteration, omission or substitution in the
specifications, drawings, designs or instructions under clause 14
where such curtailment exceed 25% in quantity and the value of the
quantity curtailed beyond 25% at the rates for the item specified in
the tender is more than Rs.5000/-.

It shall be open to the contractor, within 90 days from the service of (I)
the notice of stoppage of work or (ii) the notice of withdrawal from
contractual obligations under the contract on account of the continued
suspension of work or (iii) notice under clause 14 resulting in such
curtailment to produce to the Engineer satisfactory documentary evidence
that he had purchased or agreed to purchase materials for use in the
contracted work, before receipt by him of the notice of stoppage, suspension
or curtailment and require the Stem Water Distribution & Infrastructure Co.
Pvt. Ltd., Thane to take over on payment such material at the rates
determined by the Engineer, provided, however, such rates shall in no case
exceed the rates at which the same was acquired by the contractor. The
Stem Water Distribution & Infrastructure Co. Pvt. Ltd., Thane shall
thereafter take over the material so offered provided the quantities offered
are not in excess of the requirements of the unexecuted work as specified in
the accepted tender and are of quality and specifications approved by the
Engineer.

No claim to Clause 15 (A) : The contractor shall not be entitled to claim any
compensation compensation from Stem Water Distribution & Infrastructure Co. Pvt. Ltd.,
on account of Thane for the loss suffered by him on account of delay by Stem Water
loss due to Distribution & Infrastructure Co. Pvt. Ltd., Thane in the supply of materials
delay in supply entered in Schedule ‘A’ where such delay is caused by -
of materials by (i) Difficulties relating to the supply of railway wagons.
Stem Water (ii) Force majeure.
Distribution & (iii) Act of God.
Infrastructure (iv) Act of enemies of the State or any other reasonable cause
Co. Pvt. Ltd., beyond the control of Stem Water Distribution & Infrastructure Co.
Thane Pvt. Ltd., Thane.

In the case of such delay in the supply of materials, Stem Water

Distribution & Infrastructure Co. Pvt. Ltd., Thane shall grant such extension
of time for the completion of the works as shall appear to the General
Manager (C/O&M) to be reasonable in accordance with the circumstances
of the case. The decision of the General Manager (C/O&M) as to the
extension of time shall be accepted as final by the contractor.
 34

Time limit for Clause 16: Under no circumstance whatever shall the contractor be entitled
unforseen to any compensation from Stem Water Distribution & Infrastructure Co.
claims Pvt. Ltd., Thane on any account unless the contractor shall have submitted
claim in writing to the Engineer-in-charge within one month case of such
claim occurring.

Action and Clause 17 : If any time before the security deposit or any part thereof is
compensation refunded to the contractor, it shall appear to the Engineer-in-charge or his
payable in subordinate in charge of the work, that any work has been executed with
case of bad unsound, imperfect or unskillful workmanship or with materials of inferior
work quality or that any materials or articles provided by him for the execution of
the work are unsound, or of a quality inferior to that contracted for, or
otherwise not in accordance with contract it shall be lawful for the Engineer-
in-charge to intimate this fact in writing to the contractor and then
notwithstanding the fact that the work, materials or articles complained of
may have been inadvertently passed, certified and paid for the contractor
shall be bound forthwith to rectify, or remove and reconstruct the work so
specified in whole or in part, as the case may require or if so required shall
remove the materials or articles so specified and provide other proper and
suitable materials or articles at his own charge and cost and in the event of
his failing to do so within a period to be specified by the Engineer-in-charge
in the written intimation aforesaid, the contractor shall be liable to pay
compensation at the rate of one percent on the amount of the estimate for
every day not exceeding ten days during which the failure so continues and
in the case of any such failure the Engineer-in-charge may rectify or remove
and re-execute the work or remove and replace the materials or articles
complained of as the case may be at the risk and expense in all respects of
the contract. Should the Engineer-in-charge consider that any such inferior
work or materials as described above may be accepted or may use of it shall
be within his discretion to accept the same at such reduced rates as he may
fix therefore.

Works to be Clause 18 : All works under or in course of execution or executed in

pursuance of the contract shall at all times be open to the inspection and
open to
supervision of the Engineer-in-charge and/or his subordinate and/or his
inspection superior and the contractor shall at all time during the usual working hours
and at all other times at which reasonable notice of the intention of the
Engineer-in-charge and his subordinate and/or his superior to visit the work
shall have been given to the contractor, either himself be present to receive
orders and instructions or have a responsible agent duly accredited in
writing present for that purpose. Orders given to the contractor’s duly
Contractor or
authorized agent shall be considered to have the same force and effect as if
responsible
they had been given to the contractor himself.
agent to be
present

Notice to be Clause 19 : The Contractor shall give not less than 5 days notice in writing
given before to the Engineer-in-charge or his subordinate in-charge of the work before
work is covering up or otherwise placing beyond the reach of measurement any
 35

covered work in order that the same may be measured and correct dimensions
therefore taken before the same is so covered up or placed beyond the reach
of measurement and shall not cover up or place beyond the reach of
measurement any work without the consent in writing of the Engineer-in-
charge or his subordinate in charge of the work, and if any work shall be
covered up or placed beyond the reach of measurement without such notice
have been given or consent obtained, the same shall be uncovered at the
contractor’s expense, and in default thereof no payment or allowance shall
be made for such work or for the materials with which the same was
executed.

Contractor Clause 20 : If during the period of 12 months from the date of completion
liable for as certified by the Engineer-in-charge pursuant to clause 7 of the contract
damage done from commissioning the work, whichever is earlier in the opinion of the
for General Manager (C/O&M), the said work is defective in any manner,
imperfections whatsoever, the contractor shall forthwith on receipt of notice in that behalf
. from the General Manager (C/O&M) duly commence execution and
completely carry out at his cost rectifying and setting right the defects
specified therein including dismantling and reconstruction of unsafe portion
strictly in accordance with and in the manner prescribed and under the
supervision of the General Manager (C/O&M) in the event of the contractor
failing or neglecting to commence execution of the said rectification work
within the period prescribed therefore in the said notice and/or to complete
the same as aforesaid as required by the said notice and/or to complete the
same as aforesaid as required by the said notice, the General Manager
(C/O&M) get the same executed and carried out departmentally or by any
other agency at the risk on account and at the cost of contractor. However
the defect shall not include the works of routine maintenance, repainting,
replacement of stolen items / damaged works for which contractor is not
responsible defect arise due to lack of timely maintenance, reduction in
performance due to use of the machinery and equipment to the extent such
are normally affects the performance/ efficiency, normal wear and tear of
machinery accessories and equipments, rewinding of electrical motors
damaged due to inadequate voltage/ damaged due to use in conditions not
recommended by the contractor / manufacturer, damages due to unusual
floods etc. The contractor shall forthwith on demand pay to the Stem Water
Distribution & Infrastructure Co. Pvt. Ltd., Thane the amount of such costs,
charges and expenses sustained or incurred by the Stem Water Distribution
& Infrastructure Co. Pvt. Ltd., Thane of which the certificate of General
Manager (C/O&M), shall be final and binding on the contractor. Such cost
charges and the expenses shall be deemed to be debt due from the contractor
and in the event of the contractor failing or neglecting to the same on
demand as aforesaid without prejudice to any other rights and remedies of
the Stem Water Distribution & Infrastructure Co. Pvt. Ltd., Thane the same
may be recovered from the contractor as arrears of land revenue through the
Collector of District. The Stem Water Distribution & Infrastructure Co. Pvt.
Ltd., Thane shall also be entitled to deduct the same from any amount which
may then be payable or which may thereafter become payable by the Stem
Water Distribution & Infrastructure Co. Pvt. Ltd., Thane to the contractor
either in respect of the said work or any other work whatsoever or from the
 36

amount of security deposit retained by the Stem Water Distribution &

Infrastructure Co. Pvt. Ltd., Thane.

ANNEXURE TO CLAUSE 20 :
The defect liability period shall be as under :
Types of Work Defect liability period after
commissioning

I. Head Works :
a) River Head works including those at Five Years
storage dams, infiltration galleries,
trench galleries, bank pitching, intake
works, connecting pipe approach
bridges etc.

b) Anicuts or weirs EARTNEN / Masonary Five Years

dams and ancillary

c) Nalla/canal Head works inclusive of Three Years

infiltration wells, connecting pipes
production and percolation wells etc.

d) Tube wells, Bore wells etc. Three Years

e) Repairs to above (a) to (d) above works One Year

II. Pumping Machinery :

a. Pumping machinery and other allied One Year

Mechanical, electrical installation
(excluding those provided in treatment
plant contract) surge arrestors, water
hammer control devices, chlorinators
(excluding those provided in treatment
plant).

b. Repairs to above (a) Six months

III. Treatment Plants:

a) Water treatment plant and sewage Five Years
treatment plant based on contractor’s
design.

b) Water treatment plant and sewage

treatment plant based on contractor’s
design based on Deptt., design
 37

c) Repairs to above treatment plant (a) &

(b)

IV. ESR/GSR/BPT/Sump and Pump

House etc. :
a) Based on Contractor’s own design Five Years

b) Based on departmental design Three Years

c) Special Repairs to ESR/GSR/BPT Two Years

d) Ordinary repairs to ESR/GSR/BPT/ One Year

Sump House etc.

V. Pipe Lines :

a) Pumping mains, Gravity mains, Leading Two Years

mains, including intercepting outfall
sewer in case of sewerage schemes.

b) Distribution system, laterals, branch One Year

sewers of sewerage system etc.

c) Repairs to pipe line under (a) & (b) Two Years

Contractor to Clause 21 : The contractor shall supply at his cost all materials (except
supply plant, such special materials, if any as may in accordance with the contract, be
ladders, supplied from the Stem Water Distribution & Infrastructure Co. Pvt. Ltd.,
scaffolding Thane’s stores) plant tools, appliances implements, ladders, tools, tackle
etc. scaffolding and temporary works requisite or proper for the proper
execution of the work whether in the original, altered or substituted from the
whether included in the specification or other documents forming part of the
contract of referred to in these conditions or not and which may be
necessary for the purpose or satisfying or complying with the requirements
of the Engineer-in-charge as to any matter as to which under these
conditions he is entitled to be satisfied or which he is entitled to require
together with the carriage here for to and from the work. The contractor
shall also supply without charge the requisite number of persons with the
means and materials necessary for the purpose of setting out works and
counting weighing and assisting in the measurement or examination at any
time and from time to time of the work or the materials failing which the
same may be provided by the Engineer-in-charge at the expense of the
And is liable contractor and the expenses may be deducted from any money due to the
for damages contractor under the contract or from his security deposit or the proceeds of
arising from sale thereof, or a sufficient portion thereof. The contractor shall provide all
non- necessary fencing and lights required to protect the public from accident and
provisions of shall also be bound to bear the expenses of defense of every suit, action or
lights fencing other legal proceeding, that may be brought by any person for injury
etc. sustained owing to neglect of the above precautions, and to pay any
 38

damages and costs which may be awarded in any such suit action or
proceedings to any such person, or which may with consent of the
contractor be paid or compromising any claim by any such person.

Clause 21 (A) : The contractor shall provide suitable scaffolds and

working platforms gangways and stairways and shall comply with the
following regulations in connection therewith -

(a) Suitable scaffolds shall be provided for workmen for all work that
cannot be safely done from a ladder or by other means.

(b) A scaffold shall not be constructed taken down or substantially

altered except -

i) under the supervision of a competent and responsible person

and

ii) as far as possible by competent workers possessing adequate

experience in this kind of work.
(c) All scaffolds appliances connected therewith and ladders shall
i) be of sound material

ii) be of adequate strength having regard to the loads and strains

to which they will be subjected, and

iii) be maintained in proper condition.

(d) Scaffolds shall be so constructed that no part thereof can be displaced

in consequence of normal use.

(e) Scaffolds shall not be over-loaded and so far as practicable the load
shall be evenly distributed.

(f) Before installing lifting gear on scaffolds special precautions shall be

taken to ensure the strength and stability of the scaffolds.

(g) Scaffolds shall be periodically inspected by a competent person.

(h) Before allowing a scaffold to be used by his workmen the contractor

shall, whether the scaffold has been erected by his workmen or not
take steps to ensure that it complies fully with the regulation here-in-
specified.

(i) Working platform gangways stairways shall -

i) be so constructed that no part thereof can sag unduly or

unequally

ii) be so constructed and maintained having regard to the

 39

prevailing conditions as to reduce as far as practicable risks of

persons tripping or slipping and

iii) be kept free from any unnecessary obstruction.

(j) In the case of working platform gangways, working places and

stairways at a height exceeding – 3.0 m.

i) Every working platform and every gangway shall be closely

check date unless other adequate measures are taken to ensure
safety.

ii) Every working platform and gangway shall have adequate

width and

iii) Every working platform gangway, working place and

stairway shall be provided with railing / baricading.

(k) Every opening in the floor of a building or in a working platform

shall except for the time and to the extent required to allow the access
of persons or the transport or shifting of material be provided with
suitable means to prevent the fall of persons or material.

(l) When persons are employed on roof where there is a danger of

falling from a height exceeding 4.0 meters suitable precautions shall
be taken to prevent the fall of persons or material.

(m) Suitable precautions shall be taken to prevent persons being struck by

articles which might fall from scaffolds or other working places.

(n) Suitable means of access shall be provided to all working platform

and other working places.

Clause 21 (B) : The contractor shall comply with the following

regulations as regards the Hoisting Appliances to be used by him -

(a) Hoisting machine and tackle, including their attachments anchorages

and supports, shall -

i) be of good mechanical construction, sound material and

adequate strength and free from patent defect, and
ii) be kept in good repair and in good working order.
(b) Every rope used in hoisting or lowering materials or as a means or
suspension shall be of suitable quality and adequate strength and free
from patent defect.

(c) Hoisting machines and tackle shall be examined and adequately

tested after erection on the site and before use and be re-examined in
position at intervals of 8 working hours.
 40

(d) Every chain, ring, hook, shackle, swivel and pulley block used in
hoisting or lowering materials or as a means of suspension shall be
periodically examined.

(e) Every crane driver or hoisting appliance operator shall be properly

qualified.

(f) No person who is below the age of 26 years shall be in control of any
hoisting machine, including any scaffold which or give signals to the
operator.
(g) In the case of every hoisting machine and of every chain, ring, hook,
shackle, swivel pulley block used in hoisting or lowering or as a
means of suspension the safe working load shall be ascertained by
adequate means.

(h) Every hoisting machine and all gear referred to in preceding

regulation shall be plainly marked with the safe working load.

(i) In the case of a hoisting machine having a variable safe working load
each safe working load and the conditions under which it is
applicable shall be clearly indicated.

(j) No part of any hoisting machine or of any gear referred to in

regulation (h) above shall be loaded beyond the safe working load
except for the purpose of testing.

(k) Motors, gearing, transmissions, electric wiring and other dangerous

part of hoisting appliance shall be provided with efficient safeguards.

(l) Hoisting appliances shall be provided with such means and will
reduce to a minimum the risk of the accidental descend of the load.

(m) Adequate precaution shall be taken to reduce to a minimum, the risk

of any part of a suspended load becoming accidentally displaced.

Measure for Clause 22 : The contractor shall not set fire to any standing jungle, trees,
prevention of brushwood or grass without a written permission from the General Manager
fire. (C/O&M).

When such permit is given and also in all cases when destroying cut or
dug up trees brushwood, grass etc. by fire, the contractor shall take
necessary measure to prevent such fire spreading to or otherwise damaging
surrounding property.

Liability of Clause 23 : Compensation for all damages done intentionally or

contractor for unintentionally by contractor’s labour directly or indirectly in connection
any damage with execution of the contracted work whether in or beyond the limits of
done in or Stem Water Distribution & Infrastructure Co. Pvt. Ltd., Thane’s property
outside work including any damage caused by the spreading at fire mentioned in clause
area. 22 shall be estimated by the Engineer-in-charge or such other officer as he
 41

may appoint and the estimate of the Engineer-in-charge subject to the

decision of the General Manager (C/O&M) on appeal shall be final and the
contractor shall be bound to pay the amount of the assessed compensation
on demand failing which the same will be recovered from the contractor as
damages in the manner prescribed in Clause –1 or deducted by the
Engineer-in-charge from any sums that may be due or become due from
Stem Water Distribution & Infrastructure Co. Pvt. Ltd., Thane to contractor
under this contract to otherwise.

The contractor shall bear the expenses of defending any action or other
legal proceedings that may be brought by any persons for injury sustained
by him owing or neglect of precautions to prevent the spread of fire and he
shall pay any damages and cost that may be awarded by the court in
consequence thereof.

Employment Clause 24 : The employment of female labour on works in neighborhood

of female of soldier’s barracks should be avoided as far as possible.
labour.

Work on Clause 25 : No work shall be done on a Sunday without the sanction in

Sunday writing of the Engineer-in-charge.

Work not to Clause 26 : The contractor shall not be assigned or sublet this work and if
sublet. the contractor without become insolvent or commence any proceedings to
get himself adjudicated and insolvent or make any composition with his
creditors, or attempt to do or if bribe, gratuity, gift, loan, perquisite, reward
or advantage pecuniary or otherwise, shall either directly or indirectly be
Contractor given, promised or offered by the contractor or any of his servants or agents
may be to any public officer or person in the employment of Stem Water
rescinded and Distribution & Infrastructure Co. Pvt. Ltd., Thane in any way relating to his
security office or employment, or if any such officer or person shall become in any
deposit way directly or indirectly interested in the contract, the Engineer-in-charge
forfeited for may thereupon by notice in writing rescind the contract, and the security
submitting it deposit of the contractor shall ensure as if the contract had been rescinded
without under Clause 3 hereof and in addition the contractor shall not be entitled to
approval or recover or be paid for any work therefor actually performed under the
for binding a contract.
public officer
or if
contractor
becomes
insolvent

Clause 27 : All sums payable by a contractor by way of compensation

under any of these conditions shall be considered as a reasonable
compensation to be applied to the use of Stem Water Distribution &
Infrastructure Co. Pvt. Ltd., Thane without reference to the actual loss or
damage sustained, and whether any damage has or has not been sustained.
 42

Change in the Clause 28 : In the case of tender by partners or a limited company any
constitution change in the constitution of a firm shall be forthwith notified by the
of firm to be contractor to the Engineer-in-charge for his information.
notified.
Direction and Clause 29 : All works to be executed under the contract shall be executed
control of the under the direction & subject to the approval in all respect of the General
General Manager (C/O&M) of the Circle, for the time being, who shall be entitled to
Manager direct at what point or points and in what manner they are to be commenced
(C/O&M) and from time to time carried on.

Clause 30 : (1) Except where otherwise specified in the contract and

subject to the powers delegated to him by the Stem Water Distribution &
Infrastructure Co. Pvt. Ltd., Thane under the code, rules, orders then in
force, the decision of the General Manager (C/O&M) of the Circle for the
time being shall be final, conclusive and binding on all parties of the
contract upon all questions relating to the meaning of the specifications,
designs, drawings and instructions hereinbefore mentioned and as to the
quality of workmanship or materials used on the work, or as to any other
question claim, right matter, or thing whatsoever, in anyway arising out of
or relating to the contract designs drawings, specifications, estimates
instructions, orders or these conditions, or otherwise concerning the works,
or the execution, or failure to execute the same whether arising during the
progress of work, or after the completion abandonment thereof.

(2) The contractor may within thirty days of receipt by him of any order
passed by the General Manager (C/O&M) of the circle as aforesaid appeal
against it to the Chief Engineer concerned with the contract work or project
provided that -

(a) The accepted Value of the Contract exceeds Rs.10 lakh (Rupees Ten
Lakhs).

(b) Amount of claim is not less than Rs.1.00 Lakh (Rupees One Lakh).

(3) If the contractor is not satisfied with the order passed by the Chief
Engineer as aforesaid, the contractor may, within thirty days of receipt by
him of any such order, appeal against it to the Member Secretary
(Technical), Stem Water Distribution & Infrastructure Co. Pvt. Ltd., Thane
who if convinced that prima facie, the contractor’s claim rejected by
General Manager (C/O&M)/Chief Engineer is not frivolous and that there is
some substance in the claim of the contractor as would merit a detailed
examination in the claim of the contractor as would merit a detailed
examination and decision by Stem Water Distribution & Infrastructure Co.
Pvt. Ltd., Thane shall put up to the Stem Water Distribution & Infrastructure
Co. Pvt. Ltd., Thane for suitable decision. The decision of the STEM
WATER DISTRIBUTION & INFRASTRUCTURE CO. PVT. LTD.,
THANE shall be final and binding on the contractor and the Engineer-in-
charge.
 43

Stores of Clause 31 : Deleted.

European or
American
manufacture
to be obtained
from Stem
Water
Distribution
&
Infrastructur
e Co. Pvt.
Ltd., Thane.

Lump sums Clause 32 : When the estimate on which a tender is made include lump
in estimate sum in respect of parts of the work, the contractor shall be entitled to
payment in respect of the items of work involved or the
part of the work in question at the same rates as are payable under this
contract for each items, or if the part of work in question is not in the
opinion of the Engineer-in-charge capable of measurement, the Engineer-in-
charge may as his discretion pay the lump sum amount entered in the
estimate and the certificate in writing of the Engineer-in-charge shall be
final and conclusive against the contractor with regard to any sum or sums
payable to him under the provisions of this clause.

Action where Clause 33 : In the case of any class of work for which there is no such
no specification as is mentioned in Rule 1 of form B-1 such work shall be
specifications carried out in accordance with the Divisional specifications and in the event
. of there being no Divisional specification, then in such case the work shall
be carried out in all respects in accordance with all instructions and
requirements of the Engineer-in-charge.

Definition of Clause 34 : The expression ‘works’ or ‘work’ where used in these

work conditions, shall unless there by something in the subject or context
repugnant to such construction, be construed to mean the work or works
contracted to be executed under or in virtue of the contract, whether
temporary or permanent and whether original, altered, substituted or
additional.

Contractor’s Clause 35 : The percentage referred to in the tender shall be deducted

percentage from/added to the gross amount of the bill before deducting the value of any
whether stock issued.
applied to net
or gross
amount of
bill.

Refund of Clause 36 : All quarry fees, royalties, Octroi duties and ground rent for
quarry fees stacking materials, if any should be paid by the contractor, who will not be
and royalties entitled to a refund of such charges from M.J.P.
 44

Compensatio Clause 37 : The contractor shall be responsible for and shall pay any
n under compensation to his workmen payable under the Workmen’s Compensation
Work-men’s Act, 1923 (VIII of 1923) (hereinafter called the said Act) for injuries caused
Comp- to the workmen. If such compensation is payable/paid by Stem Water
ensation Act. Distribution & Infrastructure Co. Pvt. Ltd., Thane as principal employer
under Sub-section (1) of section 12 of the said Act on behalf of the
contractor, it shall be recoverable by Stem Water Distribution &
Infrastructure Co. Pvt. Ltd., Thane from the contractor under sub section
(2) of the said section, such Compensation shall be recovered in the manner
laid down in Clause 1 above.

Clause 37 (A) : The contractor shall be responsible for and shall pay the
expenses of providing medical aid to any workman who may suffer a bodily
injury as a result of an accident. If such expenses are incurred by Stem
Water Distribution & Infrastructure Co. Pvt. Ltd., Thane, the same shall be
recoverable from the contractor forthwith and be deducted without prejudice
to any other remedy of Stem Water Distribution & Infrastructure Co. Pvt.
Ltd., Thane from any amount due or that may become due to the contractor.

Clause 37 (B) : The contractor shall provide all necessary personal safety
equipment and first aid apparatus available for the use of the persons
employed on the site and shall maintain the same in condition suitable for
immediate use at any time and shall comply with the following regulations
in connection therewith.

(a) The workers shall be required to use the equipment so provided by

the contractor and the contractor shall take adequate steps to ensure
proper use of the equipment by those concerned.

(b) When work is carried on in proximity to any Place where there is a

risk or drawing all necessary equipment shall be provided and kept
ready for use and all necessary steps shall be taken for the prompt
rescue of any person in danger.

(c) Adequate provision shall be made for prompt first aid treatment of all
injuries likely to be sustained during the course of the work.

Clause 37 (C) : The contractor shall duly comply with the provisions of
‘The Apprentices Act, 1961’ (LII of 1961) and the rules and orders made
there under and the orders that may be issued from time to time under the
Act. If he fails to comply the said rules and on his failure or neglect to do so,
he shall be subject to all the liabilities and penalties provided by the said Act
and said rules. Further his failure will be treated as breach of the contract
and the General Manager (C/O&M) may at his discretion cancel the
contract. The contractor shall also be liable pecuniary liability arising on
account of any violation by him of the provisions of the Act.
 45

Claim for Clause 38 : (1) Deleted.

quan-tities
entered in the
tender or
estimate.

(2) Quantities in respect of the several items shown in the tender

are approximate and no revision in the tendered rate shall be
permitted in respect of any of the items so long as, subject to any
special provision contained in the specifications prescribing a
different percentage of permissible variation the quantity of the item
does not exceed the tender quantity by more than 25 percent or so
long as the value of the excess quantity beyond the limit of tendered
quantities at the rate of the item specified in the tender, is not more
than Rs.5000/- (whichever is more).

(3) The contractor shall, if ordered in writing by the Engineer to do

also carry out any quantities in excess or the limit mentioned in sub
clause (1) hereof on the same conditions as and in accordance with
the specifications in the tender and at the rates (i) derived from the
rates entered in the current schedule of rates and in the absence of
such rates (ii) at the rate prevailing in the market, the said rates
being increased or decreased as the case may be by the percentage
which the total tendered amount bears to the estimated cost of the
work as put to tender based upon the schedule of rates applicable to
the year in which the tenders were invited (for the purpose of
operation of this clause, this cost shall be taken to be
Rs.__________ in words (Rupees ___________________________
____________________ only) as per D.S.R. 201 -201 .

(4) This clause is not applicable to extra items.

(5) Claims arising out of reduction in the tendered quantity of any

item beyond 25 percent will be governed by the provision of clause
15 only when the amount of such reduction beyond 25 percent at
the rate of the item specified in the tender is more than Rs.5000/-.
This reduction is exclusively of the reduction mentioned in clause
No.14 & 15 of work and site condition.

(6) There is no change in the rate if the excess is less than or equal
to 25%. Also there is no change in the rate if quantity of work done
is more than 25% of the tendered quantity, but value of the excess
work at the tender rates does not exceed Rs.5000/-.

(7) The quantities to be paid at tendered rate shall include :-

Tendered quantity plus.
25% excess of the tendered quantity or the excess quantity of the
value of Rs.5000/- at the tendered rate whichever is more.

(8) In the schedule B any probable item is included without

 46

stating its quantity but by stating the rate for such item, then the
tendered quantity for such item shall be treated as Zero for
applicability of this Clause.
(9) Till approval for excess quantity are accorded by competent
authority interium payment will only be released as under :-

(a) At accepted tender rate or current scheduled rate whichever is

less for quantity exceeding Schedule-B quantity by 25% or of cost
upto Rs.5000/- (i.e. for entire quantity) exceeding the quantity
stated in the tender) subject to condition that total expenditure on
the tendered work shall not exceed sanctioned cost of the scheme.

(b) The balance payment due or recoverable as per provision of

clause 38 will be released or recovered as the case may be by the
Engineer-in-Charge only after approval from the competent
authority is received by him.

Note :
1. If the quantity stated in the tender exceeds the tender quantity,
(i.e. quantity under clause 38) the General Manager (C/O&M) shall
obtain approval for excess quantity involved from the General
Manager (C/O&M) / Chief Engineer / Member Secretary according
to power delegated to them as the case may be.

2. The powers for approval of total excess quantity beyond

estimated quantity worth Rs.50,000/- for tenders costing Rs.10
lakhs and worth Rs.1,00,000/- for tenders costing more than
Rs.10.00 lakhs are vested with General Manager (C/O&M). The
Managing Director is empowered to approve proposals of excess
quantity worth Rs.5.00 lakhs only. Excess quantity proposals
involving approval of excess beyond Rs.5.00 lakhs are in the power
of Managing Director.

Employment Clause 39 : The contractor shall employ any famine, convict or

of famine other labour of a particular kind or class if ordered in writing in
labour etc. writing to do so by the Engineer-in-charge.

Claim for Clause 40 : No compensation shall be allowed for any delay

compensation caused in the starting of the work on account of acquisition of land
for delay in or in the case of clearance works on account of any delay in
starting the according to sanction of estimates.
work.
 47

Claim for Clause 41 : No compensation shall be allowed for any delay in the
compensation execution of the work on account of water standing in borrow pits
for delay in or compartments. The rates are inclusive for hard or cracked soil,
execution excavation in mud, sub-soil, water standing in borrow pits and no
work. claim for an extra rate shall be entertained, unless otherwise
expressly specified.

Entering Clause 42 : The contractor shall not enter upon or commence any
upon or portion of work except with the written authority and instructions of
commencing the Engineer-in-charge or of his subordinate-in-charge of the work.
any portion of Failing such authority the contractor shall have no claim to ask for
work. measurements of or payment for work.

Minimum age Clause 43 :

of persons i) No contractor shall employ any person who is under the age
employed the of 18 years
employment
of ii) No contractor shall employ donkeys or other animals with
donkeys & for breeching of string of thin rope. The breeching must be at
other animals least three inches wide and should be of tape (Newar).
& the
payment of iii) No animal suffering from sores, lameness or emaciation or
fair wages. which is immature shall be employed on the work.

iv) The Engineer-in-charge or his Agent is authorized to remove

from the work, any person or animal found working which
does not satisfy these conditions and no responsibility shall
be accepted by Stem Water Distribution & Infrastructure Co.
Pvt. Ltd., Thane for any delay caused in the completion of
the work by such removal.

v) The contractor shall pay fair and reasonable wage to the

workmen employed by him in the contract undertaken by
him. In the event of any dispute arising between the
contractor and his workmen on the grounds that the wages
paid are not fair and reasonable the dispute shall be referred
without delay to the General Manager (C/O&M) who shall
decide the same. The decision of the Engineer shall be
conclusive and binding on the contractor but such decision
shall not in any way affect the conditions in the contract
regarding the payment to be made by Stem Water
Distribution & Infrastructure Co. Pvt. Ltd., Thane to the
contractor at the sanctioned tender rates.

vi) Contractor shall provide drinking water facilities to the

workers. Similar amenities shall be provided to the workers
engaged on large work in urban areas.

vii) Contractor to take precaution against accidents which takes

 48

place on account of labour using loose garments while

working near machinery. He shall not allow his workers to
wear loose clothes like Dhoti, Jhabba etc. near machinery.

Method of Clause 44 : Payment to contractors shall be made by cheque

payment drawn on any Bank within the division convenient to them STEM
WATER DISTRIBUTION & INFRASTRUCTURE CO. PVT.
LTD., THANE provided the amount exceed Rs.1,000/-. Amounts
not exceeding Rs.1,000/- will be paid in cash.

Acceptance of Clause 45 : Any contractor who does not accept these conditions
conditions shall not be allowed to tender for works. Entering into contract by
compulsory the Contractor with STEM WATER DISTRIBUTION &
before INFRASTRUCTURE CO. PVT. LTD., THANE by the contractor
tendering for shall be considered as incontrovertible proof of acceptance of all
work conditions of the contract by the contractor.

Employment Clause 46 : If Government declares a state of scarcity of famine to

of Scarcity exist in any village situated within 16 kilometers of the work, the
labour contractor shall employ upon such parts of the work, as are suitable
for unskilled labour, any person certified to him by the General
Manager (C/O&M) or be any person to whom the General Manager
(C/O&M) may have delegated this duty in writing, to be in need of
relief and shall be bound to pay to such person wages not below the
minimum which Govt. may have fixed in his behalf. Any dispute
which may arise in connection with the implementation of this
clause shall be decided by the General Manager (C/O&M) whose
decision shall be final and binding on the Contractor.

Price not to Clause 47 : The price quoted by the contractor shall not in any
exceed case exceed the control price if any fixed by Govt. or reasonable
controlled price which it is permissible for him to charge a private purchaser
price fixed by for the same class and description, the controlled price or the price
Govt. permissible under Hoarding and Profiteering Ordinance 1948 as
amended from time to time, if the price quoted exceeds the
controlled price or the price permissible under Hoarding and
Profiteering Prevention Ordinance the contractor will specifically
mention this fact in his tender alongwith the reasons for quoting
such higher prices. The purchaser at his discretion will in such case
exercise the right of revising the price at any stage so as to conform
with the controlled price on the permissible under the Hoarding and
Profiteering Prevention Ordinance. The discretion will be exercised
without prejudice to any other action that may be taken against the
contractor.

Rate inclusive Clause 48 : The rates to be quoted by the contractor must be

of Sales Tax. inclusive of Sales Tax and other taxes. No extra payment on this
account will be made to the contractor.

Sales Tax on Clause 49 : In case of materials that may remain surplus with the
 49

surplus contractor from those issued by the STEM WATER

material DISTRIBUTION & INFRASTRUCTURE CO. PVT. LTD.,
THANE for the work contracted for the date of ascertainment of the
materials being surplus will be taken as the date of sale for the
purpose of sales tax and the sales tax will be recovered on such sale.

Employment Clause 50 : The contractor shall employ at least 80 per cent of the
of Local total number of unskilled labour to be employed by him on the said
Labour work from out of the persons ordinarily residing in the district in
which site of the said work is located.

Provided, however, that if the required number of unskilled

labour from that district is not available, the contractor shall in the
first instance employ such number of persons as is available and
thereafter may with previous permission in writing of the General
Manager (C/O&M)-in-charge of the said work, obtain the rest of the
requirement of unskilled labour from outside district.

Wages to be Clause 51 : The contractor shall pay the labourers skilled and
paid to the unskilled according to the wages prescribed by the Minimum
skilled and Wages Act applicable to the area in which the work of the
unskilled contractor is located.
labours
engaged by
the
contractor.

Clause 52 : All amounts whatsoever which the contractor is liable

to pay to the Stem Water Distribution & Infrastructure Co. Pvt.
Ltd., Thane in connection with the execution of the work including
the amount payable in receipt of (i) materials and/or stores
supplied/issued hereunder by the Stem Water Distribution &
Infrastructure Co. Pvt. Ltd., Thane to the contractor (ii) hire
charges in respect of heavy plant, machinery and equipment given
on hire by the Stem Water Distribution & Infrastructure Co. Pvt.
Ltd., Thane to the Contractor for execution by him of the work
and/or on which advances have been given by the Stem Water
Distribution & Infrastructure Co. Pvt. Ltd., Thane to the contractor.
(iii) excess amount incurred by STEM WATER DISTRIBUTION
& INFRASTRUCTURE CO. PVT. LTD., THANE over the
Security Deposit furnished by the Contractor for completion of
works in view of provision of Clause 3(b), 3(c) and Clause 5(iv).
Liquidated Damages / Compensation amount which could not be
recovered from the Security Deposit due to non-availability of
adequate Security Deposit to cover such compensation, (v) Penalty
under Clause 8 so far as the part which could not be recovered from
any payment due to the contractor or from Security Deposit
available with Engineer-in-Charge, (vi) amount of compensation
recoverable under Clause 17 which could not be recovered from the
 50

amount of Security Deposit, (vii) extra expenditure incurred by the

Engineer-in-charge for carrying out rectification of defective works
under Clause 20, (viii) any other payment / compensation/ penalty /
dues etc. recoverable by the Engineer-in-charge from contractor
which could not be recovered from the amount of security deposit
shall be deemed to be debt payable by the Contractor to the STEM
WATER DISTRIBUTION & INFRASTRUCTURE CO. PVT.
LTD., THANE and the Stem Water Distribution & Infrastructure
Co. Pvt. Ltd., Thane without prejudice to any other right and
remedies of the Stem Water Distribution & Infrastructure Co. Pvt.
Ltd., Thane may recover the same from the contractor as arrears of
land revenue through the Collector of the District.

Clause 53 : The successful tenders will be required to produce to

the satisfaction of the specified concerned authority a valid and
consequent license issued in favour under the provisions of the
Contract Labour (Regulation and Abolition) Act, 1970 before
starting the work. On failure to do so, the acceptance of tender
should be liable to be withdrawn and also Earnest Money / Security
Deposit forfeited.
“The Contractor shall duly comply with all the provisions of the
Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970)
and the Maharashtra Contract Labour (Regulation and Abolition)
Rules 1971 as amended from time to time and all other relevant
statutes and statutory provisions concerning payment of wages
particularly to workmen employed by the contractor and working
on the site of the work. In particular the contractor shall pay wages
to each worker employed by him on the site of the work at the rates
prescribed under the Maharashtra Contract Labour (Regulation and
Abolition) Rules 1971. If the contractor fails or neglects to pay
wages at the said rates or makes short payment and the Stem Water
Distribution & Infrastructure Co. Pvt. Ltd., Thane makes such
payment of wages in full or part thereof less paid by the contractor,
as the case may be, the amount so paid by the Stem Water
Distribution & Infrastructure Co. Pvt. Ltd., Thane to such workers
shall be deemed to be debt payable by the contractor and the Stem
Water Distribution & Infrastructure Co. Pvt. Ltd., Thane shall be
entitled to recover the same as such from the contractor or deduct
same from the amount payable by the Stem Water Distribution &
Infrastructure Co. Pvt. Ltd., Thane to the contractor hereunder or
from any other amounts payable to him by the Stem Water
Distribution & Infrastructure Co. Pvt. Ltd., Thane.

Clause 54 : Where the workers are required to work near Machine

and are liable to accident they should not be allowed to wear loose
clothes like Dhoti, Jhabba etc.

Clause 55 : Provision of all applicable Indian Laws shall be

treated as applicable for this contract.
 51

Clause 56 : In view of the difficult position regarding the

availability of the Foreign exchange, no foreign exchange, will be
released by the Department for the purchase of the Plant and
Machinery required for the execution for the work concerned.

Clause 57 : The tendered rates shall be inclusive of all taxes, tax

leviable in respect of works contract under the provisions of the
Maharashtra Sales Tax on transfer of property in goods involved in
the execution of works contract Act, 1985 (Maharashtra Act
No.XIX of 1985). However the works contract tax shall be
deducted from the Contractor's Running Account bills at the rates
applicable as per rules in force and the same shall be remitted in the
Govt. treasury / Bank and no reimbursement in this respect shall be
made by the department.
Anti-Malaria Clause 58 : (A) The anti malaria and the health measures shall be
& other as directed by the Joint Director (Malaria and Filaria) of Health
health Service, Pune.
services

(B) Contractor shall see that mosquitogenic conditions are not

created so as to keep vector population to minimum level.

(C) Contractor shall carry out anti malaria measures in the area
as per guidelines prescribed under National Malaria
Eradication Programme and as directed by the Joint Director
(M & F) of Health Services, Pune.

(D) In case of default in carrying out prescribed anti malaria

measures resulting in increase in malaria incidence
contractor shall be liable measures to control the situation in
addition to fine.

(E) Relations with Public Authorities :

The contractor shall make sufficient arrangements for
draining away the village water as well as water coming
from the bathing and washing places and shall dispose off
this water in such a way as not to cause, any nuisance. He
shall also keep the premises clean by employing sufficient
number of sweepers.

The contractor shall comply with all rules, regulations, bye-

laws and directions given from time to time by any local or
public authority in connection with this work and shall pay
fees or charge which are leviable on him without any extra
cost to Government.

Clause 58 : (B) The successful contractor will have to enter into

agreement in form specified by Stem Water Distribution &
Infrastructure Co. Pvt. Ltd., Thane on a stamp of required amount
 52

as per rules in force. The stamp charges shall be borne by the

contractor.

1. Receipts for payments made on account of any work, when

executed by a firm should also be signed by all the partners except
where the contractors are described in their tender as firm, in which
case the receipt shall be signed in the name of the firm by one of the
partners, or by some other person having authority to give effectual
receipts of the firm.
2. All works shall be measured net by standard measure and
according to the rules and customs of the STEM WATER
DISTRIBUTION & INFRASTRUCTURE CO. PVT. LTD.,
THANE and in absence of such rules and custom in STEM
WATER DISTRIBUTION & INFRASTRUCTURE CO. PVT.
LTD., THANE then as per rules and customs of P.W. Department
of Govt. of Maharashtra without reference to any local custom.
3. The measurements of work will be taken according to the
usual methods in use in the Stem Water Distribution &
Infrastructure Co. Pvt. Ltd., Thane and no proposals to adopt
alternative methods will be accepted. The General Manager
(C/O&M)’s decision as to what is the usual method in use in the
Stem Water Distribution & Infrastructure Co. Pvt. Ltd., Thane will
be final.

4. The contractor will have to construct shed, for storing

controlled and valuable materials issued to him under Schedule ‘A’
of the agreement, at work site having double locking arrangement.
The materials will be taken for use in the presence of the
Department person. No materials will be allowed to be removed
from the site of works.

5. The tendered rate shall be inclusive of all taxes, duties levies,

cess (including Sales Tax) as amended from time to time. No extra
payment on this account shall be made to the contractor.

Clause 59 : DELETED :

Clause 60 :
The contractor shall provided and maintain guards, guard rails,
temporary bridge and walkways, watermen headlights and danger
signals illuminated from sunset to sunrise and other necessary
appliances and safeguards to protect the work, life property, the
public, excavations, equipment and materials barricades shall be
substantial construction and shall be painted such as to increase then
visibility at night. For any accident arising out of the neglect of above
instructions, the contractor shall be bound to bear the expenses of
defence of every suit, action or other legal proceedings, at law that
may be brought by any person for injury sustained owing to neglect of
the above precautions and to pay all damages and costs which may be
 53

awarded in any such suit, action or proceedings to any such person or

which may with the consent of the contractor be paid in compromising
any claim by any such person.

Clause 61 : (Insurance)
Contractors shall take out necessary Insurance Policy / Policies so as
to provide adequate insurance cover for execution of the awarded
contract work from the Director of Insurance, Maharashtra State,
Mumbai – 51 only. Its postal address for correspondence is “264, 1st
Floor, MHADA, Opp. Kalanagar, Bandra (East), Mumbai – 400 051.
Tel. No. 6438403 / Fax : 6438461 / 6438690). Insurance however, if
the contractor desire to effect insurance with the local office of any
insurance company, the same should be under the co-insurance-cum-
servicing arrangements approved by the Director of Insurance. If the
policy taken out by the contractor is not on co-insurance basis (G.I.F.
60% and Insurance company 40%) the same will not be accepted and
the amount of premium calculated by the Director of Insurance will be
recovered directly from the amount payable to the contractors for the
executed contract work which may be noted.
a) Loss of or damage to the Civil and Mechanical equipment's
supplied / installed including the materials such as pipes, valves
specials etc. brought on site.
b) Loss of or damage to contractors equipment's including his
vehicles.

c) Loss of or damage to property (except the works, Plant Material

and Equipment ) in connection with the contractor. And ;

d) Personal injury or death due to vehicles of the contractor and / or

due to any accident that may arise at or around the site to the
Contractor personal or to the STEM WATER DISTRIBUTION &
INFRASTRUCTURE CO. PVT. LTD., THANE staff or to any
other person not connected with STEM WATER DISTRIBUTION
& INFRASTRUCTURE CO. PVT. LTD., THANE/contractor.

1. Policies and certificates for insurance shall be delivered by the

Contractor to the Engineer for the Engineer's approval before the
date of actual starting of work. All such insurance shall provide
for compensation to be payable in the types of proportions of
currencies required to rectify the loss or damage incurred.

2. If the contractor does not produce any of the policies and

certificates required, the engineer may effect the insurance for
which the contractor should have produced the policies and
certificates and recover the premiums it has paid from payments
otherwise due to the contractor or, if no payment is due, the
payment of the premiums shall be of debt due.

3. Alterations to the terms of an insurance shall not be made without

the approval of the engineer.
 54

4. The minimum insurance cover for loss and damages to physical,

injury and death shall be 10% of the contract cost per occurrence
with number of occurrences as 4 (four). After each occurrence the
contractor shall pay additional premium necessary so as to keep
the insurance policy valid always till the defect liability period is
over.

5. No payment will be released to the contractor until the insurance

coverage with the Govt. insurance fund, Maharashtra State is
provided and unless the proof of insurance coverage is produced
by the contractor to the Engineer- in- charge.

General Manager (C/O&M)

STEM Water Dist. & Infra. Co. Pvt. Ltd.,
Thane
 55

STEM WATER DISTRIBUTION & INFRASTRUCTURE

CO. PVT. LTD., THANE

Name of Work: Repairing of Doors and Windows of Filter house at Temghar.

MATERIAL SCHEDULE – A

Statement showing materials to be supplied to the contractor and approximate

quantities and rates that are to be charged for the contractor and place of delivery.

Sr. Particulars Qty. Unit Rate at which Place of

No. material will Delivery
be supplied

Nil

Contractor General Manager (C/O&M)

STEM Water Dist. & Infra. Co. Pvt. Ltd.,
Thane
 56

STEM WATER DISTRIBUTION & INFRASTRUCTURE

CO. PVT. LTD., THANE

Name of Work: Repairing of Doors and Windows of Filter house at Temghar

NOTES FOR BILL OF QUANTITIES

All the work shall be carried out as per standard specifications section published by
P.W.D. electrical dept. (Red Book) and as per detailed specification attached and also as
per directed by Engineer-in-charge.

The contractor shall see that figures in columns for quantity rate and amount are shown in
schedule ‘B’. The contractor has to quote his offer at percentage offer shall be written in
figure as well as in words and the contractor will have to sign below the same.

Contractor General Manager (C/O&M)

STEM Water Dist. & Infra. Co. Pvt. Ltd.,
Thane
 57

STEM WATER DIST. AND INFRA. CO. PVT. LTD., THANE.

Name of Work :- Repairing of Doors and Windows of Filter house at Temghar

DETAILED SPECIFICATIONS

General: The scope of work includes Repairing of Doors and Windows of Filter house
at Temghar
ITEM No.1 :-
Removing doors and windows with frames and stacking the materials as directed with all
lifts, lead Complete
As directed by Engineer-in-charge

ITEM No.2-
Providing &fixing in position alluminium openable window of any size as per detailed
drawing and as directed by Engineer- in - charge with all necessary alluminium sections
including necessary fixtures and fastening with 5mm thick clear float glass etc. complete

General: The item provide for fixing of aluminium windows of specified type and size.
The windows shall conform to IS:1948-1961.The windows shall be of type,size etc as
ordered by the Engineer.The type of the glass shall be as mentioned in the wording.The
glass shall not weigh less than 7.5 kg per square metre.No painting shall be done.The
sample shall be got approved from the Engineer before use.

Mode of measurement : The contract rate shall be for a unit of one square metre of the
clear unrebated opening of the door.

ITEM No.3-
providing and fixing 25mm thick C.C.T.W single swing shutter part size paneled as per
detailed drawings including double acting brass spring hinges and finishing with french
polishing etc complete(without Frame)
General: The item shall be carried out in conformity with I.S. 1003-1966.
(Specifications for timer, paneled and glazed doors and windows) for the requirements
of material construction, workmanship and the sizes (unless otherwise specified)
subject to the following additional specifications.
Material:
Timber: Timber shall be Burmah or superior Indian teak as specified in the item and
shall conform to A.16.
Iron bars: Iron bars 16mm. diameter shall be used for ventilators or fanlights together
with mild steel flats of 40mm. x 6mm. When included in the item.
Fixtures and fastenings: The scale of fixtures and fastenings shall be as indicated in
the table for the corresponding type of door. They shall be of brass or oxidized brass as
mentioned in the item and shall be of good workmanship.

All fixtures and fastenings shall be new, sound and strong. They shall be sectional
and of the best quality. The size, shape, design and finish shall be as shown on
drawings and approved by the Engineer. Samples of all fixtures and fastenings shall be
got approved by the Engineer and deposited in his office for reference.

Unless otherwise specified each leaf shall be hung, with three brass but hinges (or
back flap) with brass screws. Each door shall be tarnished with aldrop and lock. Brass
flush bolts. Etc.
 58

The fixtures and fastenings shall comply with the relevant Indian Standards 204 of
1974, 205-1966, 206-1973, 207-1964, 208-1972, 281-1973, 362-1962, 363-1970.
A superior brass mortise lock shall be provided when mentioned in the item.
All the fixtures shall be fixed to the joinery in a secure and efficient manner. Any of
the fixtures damaged during fixing shall be removed and new ones fixed in their place
and the surface of joinery made good where affected at the contractor’s expense. The
metal sockets shall be provided to all bolts where the shoots enter brick, stone,
concrete, etc. These shall be securely fixed flush with the surface into mortise and
cemented. Mortise plates over holes shall be used in situations where the shoots enter
wood. Parliamentary hinges shall be used when so shown in the drawing. Butt and
similar hinges shall be counter sunk on the leaf edge and wood frame to a depth equal
to the thickness of the flaps of the hinge.
Construction: The frame for door or door and ventilator or fanlight shall be
provided and erected as specified in Bd. T.1. The door shall have double leaf shutter.
The finished sizes of components of door shall be as given in tables or drawing unless
otherwise specified if there is a discrepancy between the two, the Engineer shall decide
which is to be followed and his decision shall be final.
The panels shall be of pattern and size as specified on the drawings or on detailed
drawings or as directed by the Engineer.
If the item is inclusive of ventilator the ventilator shall be hang or pivoted as shown
on the drawing or directed by the Engineer and shall be finished similar to the door.
The specifications for glazed or paneled ventilators or fanlight shall be as for the item
Bd. T.3.
Holdfasts shall be screwed securely to the outside of the frames and built into the
joints of the masonry.
Finishing: The joints of the frame with the wall shall be made neatly with Pointing or
plaster as the case may be. The wood work shall be finished by French polishing or
varnishing or oil-painting as mentioned in the item. The varnishing or French polishing
shall be done as per Bd. N. Oil painting shall be done in three coats of approved shade
of paint as specified in B. 21. (b). The iron bars it provided shall be finished with two
coats of oil paint of approved shade as per B. 21. (a).
B. T. 5.5. Item to include: The rate shall include all labour, materials and equipment
to carry out the following operations.
1) Supply of all the timber scantlings and fixtures and fastenings necessary for the
door frames and leaves and iron bars for ventilators or fanlight when included in the
item.
2) preparing the frames and leaves and fixing the door frames in the work and
shutters to the frame with all wood work. Holdfasts and fixtures and fastenings and iron
bars, when included.
3) Coal-tarring of the embedded parts of the wood work in the masonry.
4) The finishing of the wood work and iron bars when provided and joints with walls
as specified.
Mode of measurement : The contract rate shall be for a unit of one square metre of
the clear unrebated opening of the door. When doors are combined with fanlights or
ventilators, the height shall be measured between the unrebated opening between the
still of the door and the head of the ventilator and the width between the unrebated
opening between the posts.
When doors are combined with windows, they shall be measured separately for their
respective lear unrebated openings.
Linear dimensions shall be measured correct up to one centimeter and the area
worked out correct up to 3rd place of decimal of a square metre
 59

ITEM No.4-

Oil enamel paint/flat/glossy paint(ready mix)(with ISI mark)

As directed by Engineer-in-charge

ITEM No.5-
Scraping Sand paper size(30x20cm)
As directed by Engineer-in-charge

Contractor
General Manager (C/O&M)
STEM Water Dist. & Infra. Co.Pvt.Ltd,
Thane
 60

STEM WATER DISTRIBUTION & INFRASTRUCTURE

CO. PVT. LTD., THANE

Name of Work : Repairing of Doors and Windows of Filter house at Temghar

Mode of Measurement & Payment

The mode of payment to contractor for executed work shall be as detailed below.

100 % payment after satisfactory completion of job.

Contractor General Manager (C/O&M)

STEM Water Dist. & Infra. Co.Pvt.Ltd,
Thane
 61

STEM WATER DISTRIBUTION & INFRASTRUCTURE

CO. PVT. LTD., THANE

Name of Work : Repairing of Doors and Windows of Filter house at Temghar

UNDERTAKING FOR GUARANTEE

I/WE GUARANTEE THAT

1. I/we will replace, repair and adjust free of all charges to the employer, any part of
the work which fails to comply with the specifications and amendment to such
specification as referred to in specifications attached to tender for wear and tear expected
until the completion and for a period of 12 months from the date of acceptance certificate
issue under Clause-20 of General Conditions of Contract of Form B-1 from the date of
completion of work.

2. All the works will be of a type which has been proved in service, to be suitable for
the duty required by the specifications and will be manufactured by the specifications and
will be manufactured and tested in accordance with the appropriate standard
specifications approved by the Engineer-in-charge.

3. I/we accept and abide by the clause relating to quality and guarantee of work.

Contractor General Manager (C/O&M)

STEM Water Dist. & Infra. Co. Pvt. Ltd.,
Thane
 62

STEM WATER DISTRIBUTION & INFRASTRUCTURE

CO. PVT. LTD., THANE

Name of Work: Repairing of Doors and Windows of Filter house at Temghar

DECLARATION

I hereby declare that I have made myself thoroughly conversant with the local conditions
regarding all materials such as stones, murum, sand, availability of water etc. and labour
on which I have based my rates for this work. The specifications and requirements for this
work have been carefully studied and understood by me before submitting the tender. I
undertake to use only the best materials to be approved by the General Manager
(C/O&M)-in-charge of the work or his duly authorised representative before starting the
work and also to abide by this decision.

I hereby undertake to pay the labour engaged on the work as per minimum wages Act,
1984 applicable to the zone concerned or any other as applicable.

Contractor General Manager (C/O&M)

STEM Water Dist. & Infra. Co. Pvt. Ltd.,
Thane
 63

STEM WATER DISTRIBUTION & INFRASTRUCTURE

CO. PVT. LTD., THANE

Name of Work: Repairing of Doors and Windows of Filter house at Temghar

DECLARATION

In the Contractor Form B-1 the words “STEM Water Distribution & Infrastructure Co.
Pvt. Ltd., Thane” / Shahad Temghar (STEM) Water Authority, Thane appears, it should
be read as the “STEM Water Distribution & Infrastructure Co. Pvt. Ltd.” Thane.

Contractor General Manager (C/O&M)

STEM Water Dist. & Infra. Co. Pvt. Ltd.,
Thane