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

TENDER NOTICE NO. ______FOR 2023-2024

FOR

Managing Director

STEM Water Distribution and Infrastructure Co. Pvt. Ltd.

Vardan Commercial Complex, 9th Floor, MIDC, Road No.16, Wagale Estate,

Thane (w) - 400 604.

Sr. No.

Description

Page No.

1

Detailed Tender Notice

2

Form B-1

3

Condition of Contract

4

General Conditions of Contract

5

Material Schedule – A

6

Detailed Itemwise Specification 

7

Schedule – B

8

Letter of Application

9

Affidavit

10

Undertaking

11

Affidavit (on Rs.500/- Stamp Paper)

12

Form of Bid

13

Performance of Bank Guarantee

14

Letter of Acceptance

15

Agreement Form

16

Notice to Proceed Work

17

Annexure (If Any)

18

Layout / General Arrangement Drawings

Sr. No.

Name of Work

Estimated cost 

(In Rs.)

Earnest Money Deposit

(In Rs.)

Cost of Tender

(In Rs.)

Period of Completion

1

/-

/-

/-

(Excluding GST)

(From Bidders own Bank Account)

(Including 18% GST)

Calendar months including monsoon

1% plus ____% below more than 10%

(Example If offer is below 14%: 1% + (14% - 10%) = 5%)

6% Plus Double of the % more than 15%

below (Example If offer is below 19% then (19%- 15%) x 2= 8%+6%= 14%)

(a)

Where the amount or value set forth in such contract does not exceed rupees ten lakh.

Five Hundred rupees stamp duty

(b)

Where it exceeds rupees ten lakhs

Five hundred rupees plus one hundred rupees for every Rs.1,00,000/- or part thereof, above rupees ten lakh subject to the maximum of rupees twenty- five lakh stamp duty

DIVISION: Operation/ Project/ FDC

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 Managing Director/ Published in News Paper's. 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. Copies of any other documents required in connection with the work shall be signed by the Managing Director for the purpose of identification and shall also be open for Inspection by Contractors at the office of the Managing Director during office hours/ Available On-line. 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.

2. A (i)

The Contractor shall pay along with the tender the sum of Rs. 2,100/- (Rupees Two Thousand One Hundred only) as and by way of Earnest Money. The said amount of earnest money shall not carry any interest whatsoever. The contractors should have to submit EMD as per E- Tendering procedure.

(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, Contractor 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 thereto forfeited under the provisions of Sub-Clause (iii) above, be refunded to him on his passing receipt therefore.

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 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/ As per e- tender procedure.

5

The Managing Director or the competent authority or General Manager 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 event 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 Managing Director 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 rights of rejecting all or any of the tenders. (MD- STEM/ BoD- STEM).

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 Managing Director.

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" for brevity) and their rates shall be filled in and completed by the office of the Managing Director 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.(Now as per Detail Tender Notice and as per PWD G. M GR’s Circulars in force.)

12

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 Managing Director’s decision as to what is the usual method in use in the Stem Water Distribution & Infrastructure Co. Pvt. Ltd., Thane will be final.

13

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.

14

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.

15

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 work contracted for.

16

Every contractor / bidder should furnish along with tender a statement showing previous experience and technical staff employed by him.

17

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.

18

The contractor shall comply with the provisions of the Apprentices Act 1961 and the rules and orders issued there under from time to time. If he fails to do so, his failure will be a breach of the contract and the Managing Director, STEM Water Dist. & Infra. Co. Pvt. Ltd., Thane 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.

in figure as well as in words.

I/We hereby tender for the execution for the Stem Water Distribution Infrastructure Co. Pvt. Ltd., Thane (hereinbefore and hereinafter referred to as STEM of the work specified in the underwritten memorandum within the time specified in such memorandum at__________________________________________________________________________________________________________________________________________percent below/above (in figure and word) to 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 and 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 here. As per E-Tender Procedure)

MEMORANDUM

1.(A)

Name of Work:-

a) If several sub works are included, same should be detailed in a separate list.

B)

Estimated cost (Excluding GST):/-

C)

Earnest money: Rs. /-

c) The amount of earnest money to be deposited shall be in accordance with the provision of paras 206 and 207 ofthe MPW Manual/ As per PWD, GR dtd. 27/09/2018.

D)

Security deposit: Total 2% of estimated cost

d) This deposit shall be in accordance with the paras 213 and 214 of the MPW Manual/ As per PWD, GR Dtd. 27/09/2019. C/R.CAT/2017/PK-08/E2.

2% Initial Security Deposit shall be in form of FDR / DD from any Nationalized / Scheduled Bank- 

E)

-

e)                              -

F)

Additional Performance Security Deposit/ D.D./ FDR/ B.G. of any Nationalised/ As per PWD GR dtd. 29.09.2018.Circular Dt.26.11.2018 (At/2017/DK-8/EM-2)

f) If additional security deposit  

i) If offer upto 10% below

1% of estimated cost put to tender.

ii) If offer more than 10%

1% plus ____% below more than 10%    (e.g. If offer is below 14% : 1% + (14% -10%) = 5%)

iii) If offer more than 15% below

6% Plus Double of the % more than 15% below (e.g. If offer is below 19% then    (19% - 15%) x 2= 8% + 6%= 14%)

G)

Time allowed for the work from date of written order to completion 1 (One) calendar months including monsoon.  

g) Give Schedule where necessary showing 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 60 days from the last date fixed for bid submission specified 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. e-EMD/ Term Deposit Receipt No. / Demand Draft No. ________ dated _______________). And date in respect of sum of Rs.______________inwords (Rs._______________________________________________________) 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 Managing Directorand 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

Rules and Conditions of the contract are subject to amendment till the timeof acceptance of tender. The Successful contractor will have to enter into agreement in form specified by STEM Water Distri. & Infra. Co. Pvt. Ltd., Thane on a stamp of required amount as per rules in force. The stamp charges shall be borne by the contractor.

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.

*Amount to be specified in words & figures

Term Deposit Receipt No. _______________ dated ___________ from the Bank.*

* Name of the bank to be specified

At___________________________________________________ in respect of the sum of *Rs._____________/- (Rupees________________________________________________________________________________________________ only) 

Strike out (a) if no case security deposit is to be taken

is herewith forwarded representing the earnest money (a) the full value of which is to be absolutely forfeited to Stem Water Distribution & Infrastructure Co. Pvt. Ltd., Thane should I/We not deposit the full amount of security deposit specified in the above memorandum in accordance with (d) of clause (1) of the tender for works shall be refunded.

(**) Signature of Contractor before submission of tender.

Contractor                                         (**)

Address

Dated the

day of

200

# Signature of witness 

(Witness)#

(Witness)#

Address

(Occupation)

PAN No.

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

(*) Signature of the officer by
whom
accepted.

Accepted for Rs. ____________ in words (Rupees_____________________________________________________________________) ______% above/ below/ at par to the estimated cost put to tender Rs._______________. (Rupees.______________________________________________________________________)

Managing Director

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

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 assigns ) shall (A) within 10 days (which may be extended by Managing Director, STEM concerned upto 15 days if Managing Director, STEM thinks fit to do so) of the receipt by him of the notification of the acceptance of his tender deposit with the Managing Director, STEM in cash or D.D./ FDR or Government securities endorsed to the Managing Director, STEM(if deposited for more than 12 months) of the sum sufficient which will made up the full security deposit specified in the tender or (B) (Permit STEM at the time of making any payment to him for work done under the contract to deduct such as will amount to two percent of all moneys so payable such deductions to be held by STEM by way of security deposit.) Provided always that in the event of the Contractor depositing a lump sum by way of security deposit as contemplated at above, then and in such case, if the sum so deposited shall not amount to two percent of the total estimated cost of the work, it shall be lawful for STEM at the time of making any payment to the Contractor for work done under the contract to make up the full amount of two percent by deducting sufficient sum from every such payment as last aforesaid until the full amount of the security deposit is made up. All compensation or other sums of money payable by the Contractor to STEM 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 form, or from any sums which may be due or may become due by STEM to the Contractor under any other contract or transaction of any nature 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 any sum or sums which may have been deducted from, or raised by sale of his security deposit or any part thereof. The security deposit referred 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. The security deposit will not be accepted in forms of insurance company bonds. If the amount of the security deposit 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 taken against the Contractor for recovery of the amounts. The amount of the security deposit lodged by a Contractor shall be refunded after satisfactory completion of Defect Liability Period. In the event of the Contractor failing or neglecting to complete rectification work within the period upto which the Contractor has agreed to maintain the work in good order, then subject to provision of Clauses 17 and 20 hereof the amount of Security Deposit retained by STEM shall be adjusted towards the excess cost incurred by STEM on rectification work. (for refund of S.D provisions of PWD GR No.(AT/2017/PK-8 Dt.29.01.2019 are applicable)

Security Deposit

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 the work is given to the Contractor. The work shall through the stipulated period of the contract be proceeded with, with all due diligence (time being deemed to be the essence of the contract on the part of the Contractor) and Contractor shall pay as compensation an amount equal to one percent or such smaller amount as the Managing Director, STEM (whose decision in writing shall be final) may decide, of the amount of the estimated cost of the whole work as shown by the tender for every day that the work remains uncommenced or unfinished after the proposed dates . 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. 25 % of the work in ** 1/4 of the time 50 % of the work in 1/2 of the time 100 % of the work in 1 (One)months Full work to be completed in1 (One)months including monsoon. In the event of the contractor failing to comply with this condition he shall be liable to pay as compensation an amount equal to one percent or such smaller amount as Managing Director, STEM (whose decision in writing shall be final) may decide of the said estimated cost of the whole work for every day that 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 per cent of the estimated cost of the work as shown in the tender. Managing Director, STEM shall be the final authority in this respect, irrespective of the fact that the tender is accepted by Managing Director, STEM.

Compensation for delay

Clause 3:- In any case in which under any clause of this contract the contractor shall have rendered himself liable to pay compensation amounting to the whole of this security deposit (whether paid in one sum or deducted by installments) or in the case of abandonment of the work owing to serious illness or death of the contractor or any other cause, the Managing Director, of the STEM Water Dist. & Infra. Co. Pvt. Ltd., shall have power to adopt any of the following courses, as he may deem best suited to the interest of STEM :- (a) To rescind the contract (for which rescission notice in writing to the contractor under the hand of Managing Director, STEM 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. (b) To carry out the work or any part of the work departmentally debiting the contractor with the cost of the work, expenditure incurred on tools and plant, and charges on additional supervisory staff including the cost of work-charged establishment employed for getting unexecuted part of the work completed and crediting him with the value of the work done departmentally 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 Managing Director, STEM as to the costs and other allied expenses so incurred and as 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 upto and 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 charged establishment and the cost of the executed by the new contract agency will be debited to the contractor and at the value of the work done or executed through the new contractor shall be credited to the contractor in all respects and in the same manner and at the same rates as if it had been carried out by the contractor under the term of his contract. The certificate of the Managing Director, STEM as to all the cost of the work and other expenses incurred as aforesaid for or in getting Action when whole of security deposit is forfeited. 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 there for actually performed by him under this contract unless and until the Managing Director, STEM shall have certified in writing the performance of 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 of the courses referred to in clause (b) or (c) being adopted and the cost of work executed departmentally or through a new contractor and other allied expenses exceeding the value of such work credited to the Contractors, the amount of excess shall be deducted from any money due to the Contractor, by STEM 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 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) or (c) is adopted by the Managing Director, STEM, the Contractor shall have no claim to compensation for any loss sustained by him by reason of his having purchased, or procured any materials, or entered into any engagements or made any advances 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 others contract 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.

Action when whole of security deposit is forfeited.

Clause 4:- If the progress of any particular portion of the work is unsatisfactory, the General Manager, STEM shall not withstanding that the general progress of the work is in accordance with the conditions mentioned in clause 2, be entitled to take action under clause 3(b) after giving the Contractor 10 days notice in writing. The Contractor will have no claim for compensation, for any loss sustained by him owing to such action.

Action when the progress of any particular portion of the work is unsatisfactory.

Clause 5:- In any case in which any of the powers conferred upon the Managing Director, STEM by clause 3 and 4 hereof shall have become exercisable and the same shall not have been exercised, the non exercise thereof shall not constitute a waiving of any of the conditions hereof and such powers shall notwithstanding be exercisable in the event of any future case of default by the contractor for which under any clause hereof he is declared liable to pay compensation amounting to the whole of his security deposit and the liability of the contractor for past and future compensation shall remain unaffected. In the event of the Managing Director, STEM taking action under sub - clause (a) or (c) of clause 3,he may, if he so desires, take possession of all or any tools, plant, materials and stores, in or upon the works or the site thereof or belonging to the contractor, or 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 Managing Director, STEM whose certificate thereof shall be final. In the alternative, the Managing Director, STEM 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 and plants, 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 Managing Director, STEM may remove them at the contractor’s expenses 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 Managing Director, STEM as to the expenses of any such removal and the amount of the proceeds and expense of such sale shall be final and conclusive against the Contractor.

Contractor remains liable to pay compensation if action not taken under Clause 3 &4

Clause 6:- If the Contractor shall desire an extension of the time for completion of work on the ground of his having been unavoidably hindered in its execution or on any other grounds, he shall apply in writing to the General Manager, STEM before the expiry 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, STEM, may if in his opinion, there were reasonable grounds for granting an extension, grant such extension as he thinks necessary or proper. The decision of the Managing Director, STEM in this matter shall be final.

Extension of time.

Clause 7:- On the completion of the work the Contractor shall be furnished with a certificate by the Managing Director, STEM of such completion, but no such certificate shall be given nor shall the work be considered to be completed until the Contractor shall have remove from the premises on which the work shall have been executed, all scaffolding, surplus materials and rubbish 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 wok 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 the cleaning of 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, surplus materials and rubbish, and dispose off the same as he 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 or surplus materials as aforesaid except for any sum actually realised by the sale thereof.

Final Certificate

Clause 8:- No payment shall be made for any work, estimated to cost less than Rupees One Thousand till after the whole of work shall have been completed and a certificate of completion given. But in the case of works estimated to cost more than Rupees One Thousand, the Contractor shall on submitting a monthly bill therefore, be entitled to receive payment proportionate to the part of the work then approved and passed by the Engineer - in- charge, whose certificate if 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 payments by way of advance against the final payments only and not as payments for work actually done and completed, and shall not preclude the Engineer-in- charge from 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 in any other way vary 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.

Payment on intermediate certificate to be regarded as advances.

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

Payment at reduced rates on account of items of work not accepted as completed to be at the desecration of the Engineer in charge.

Clause 10:-A bill shall be submitted by the Contractor in each month on or before date fixed by the Engineer-in-charge for all works executed in the previous month, and the Engineer-in-charge shall take or cause to be taken the requisites measurement for the purpose of having the same verified and the claim, so far as it is admissible, shall be adjusted, 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 countersignature 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 respect.

Bill to be submitted monthly.

Clause 11:- The Contractor shall submit all bills in the electronic forms to be 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 hereinafter provided for such work.

Bills to be in electronic form.

Clause 12:- If the specification or estimate of the work provides for the use of any special description of material to be supplied from the stores of the STEM store or if it is 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 therefore as hereinafter mentioned being so far as practicable for the convenience of the contractor but not so as in any way to control the 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 purpose of the contract only, and the 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 the sale thereof, if the security deposit is held in STEM securities, the same or a sufficient portion thereof shall in that case be sold for the purpose. All materials supplied to the contractor shall remain the absolute property of STEM and shall on 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 unused and in perfectly good condition at the time of completion or determination of the contract shall be returned to the STEM 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 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 utilisation of such material from the total quantity that was issued by the Engineer-in-charge. Cost of any material issued free of cost by 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 Distri. & Infra. Co. Pvt. Ltd., Thane or market rate whichever is more.

Stores supplied by
STEM Water
Dist. & Infra.
Co. Pvt. Ltd.

Clause 12 ( A ):- All stores of controlled materials such as cement, steel etc., to be supplied by STEM to the contractor should be kept by the contractor under lock and key and will be accessible for inspection by the General Manager, STEM or his agent at all the times.

Storage of controlled material

Clause 13:- The contractor, shall execute the whole and every part of the work in the most substantial and workman like manner, and both as regards materials and every other respect in strict accordance with specifications. The contractors shall also conform exactly, fully and faithfully to the designs, drawings and instructions in writing relating to the work signed by the Engineer-in-charge and lodged in his office and to which the contractor 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 entitled to receive three sets of contract drawings 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 required by him, shall be supplied at the rate of Rs.300/- per set of contract drawings and Rs.150/- per working drawing except where otherwise specified.

Works to be executed in accordance with specifications drawings, orders, etc.

Clause 14:- The Managing Director shall have power to make any alterations in or additions to the original specifications, drawings, designs, and instructions that may appear to him to be necessary or advisable during the progress of the work, and the Contractor shall be bound to carry out the work in accordance with any instructions in this connection which may be given to him in writing signed by the Managing Director and such alteration 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 rates 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 prevailing at the time when the extra items crop up or at the rates mutually agreed upon between the STEM and the contractor whichever are lower. If the additional or altered work for which no rate is entered in the Schedule of Rates, 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 Managing Director through General Manager of the rate which it is his intention to charge for such class of work, and if the Managing Director does not agree to this rate, he shall by notice in writing be at liberty to cancel his order to carry out such class of work, and arrange to carry it out in such manner as he may consider advisable provided always that the Contractor shall commence work or incur any expenditure in regard thereto before the rates shall have been determined as lastly here in before mentioned, then in such case he shall only be entitled to be paid in respect of the work carried out or expenditure incurred by him prior to the date of the determination of the rates as aforesaid according to such rate or rates as shall be fixed by the Managing Director. In the event of a dispute, the decision of the BoD, STEM will be final. Where, however, the work is to be executed according to the designs, drawings and specifications recommended by the contractor and accepted by the competent authority the alterations above referred to shall be within the scope of such designs, drawings and specifications appended to the 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.

Rates for works not entered in estimate, or schedule of rates of the contract.

Clause 15:- Clause 15: (1) If at any time after the execution of the contract documents, the Managing Director shall for any reason what-so-ever (other than default on the part of the Contractor for which the STEM is entitled to rescind the contract) desires that the whole or any part of the work specified in the tender should be suspended for any period or that the whole or part of the work should not be carried out at all, he shall give to the Contractor a notice in writing of such desire and upon the receipt of such notice the Contractor shall forthwith suspend or stop the work wholly or in part as required, after having due 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 Managing Director as to the stage at which the work or any part of it 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 10 days prior notice in writing to the Managing Director through General Manager, within 30 days of the expiry of the said period of 90 days, of such intention 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 Managing Director requires 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 the Managing Director through General Manager and Engineer in-charge 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 account of his having had 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 Managing Director in this regard shall be final and conclusive against the Contractor.
(4) In the event of - i) Any total stoppage of work on notice from the STEM under clause (1) in that behalf.
ii) Withdrawal by the Contractor from the contractual obligations to complete the remaining unexecuted work under sub-clause (2) on account of continued suspension of work for a period exceeding 90 days.
OR
iii) Curtailment in the quantity of item or items originally tendered on account of any alteration, omission or substitutions in the specifications drawing, designs, or instructions under clause 14(1) where such curtailment exceeds 25% in quantity and the value of the quantity curtailed beyond 25 percent at the rates for the item specified in the tender is more than Rs. 5,000/-.It shall be open to the Contractor, within 90 daysfrom the service of (i) the notice of stoppage of work or (ii) the notice of withdrawal from the contractual obligations under the contract on account of the continued suspension of work or (iii) notice under clause 15(1) resulting in such curtailment, to produce to the Engineer satisfactory documentary evidence that he had purchased for agreed to purchase material for use in the contract work, before receipt by him of the notice of stoppage, suspension or curtailment and require STEM to take over on payment such material at the rates determined by the STEM, provided, however such rates shall in no case exceeds the rates at which the same were acquired by the Contractor. STEM 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 STEM.

No claim to any payment or compensation for alteration in or restriction of work.

Clause 15(A):-The Contractor shall not be entitled to claim any compensation from STEM for the loss suffered by him on account of delay by STEM in the supply of materials entered in Schedule A where such delay in caused by – i) Difficulties relating to the supply of railway wagons. ii) Force majeure. iii) Act of God. iv) Act of enemies of the State or any other reasonable cause beyond the control of STEM. In the case of such delay in the supply of materials, STEM shall grant such extension of time for the completion of the works as shall appear to the Managing Director, STEM to be reasonable in accordance with the circumstances of the case. The decision of the Managing Director, STEM as to the extension of time shall be accepted as final by the Contractor.

No claim to compensation on account of loss due to delay in supply of materials by STEM Water Dist. & Infra. Co. Pvt. Ltd.

Clause 16:- Under no circumstances whatever shall the Contractor be entitled to any compensation from STEM on any account unless the Contractor shall have submitted claim in writing to the Managing Director through General Manager and Engineer-in Charge within one month of the case of such claim occurring.

Time limit for unforeseen claims

Clause 17:- If at any time before the security deposit or any part thereof is refunded to the Contractor it shall appear to the Managing Director or General Manager or his subordinate in charge of the work, that any work has been executed with unsound, imperfect or unskilful workmanship or with materials of inferior quality or that any materials or articles provided by him for the execution of the work are unsound or of a quality inferior to the that Contracted for, or are otherwise not in accordance with the Contract, it shall be lawful for the Managing Director through General Manager and 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 be 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 Managing Director through General Manager and 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 10 days during which the failure so continuous and in the case of any such failure the General Manager and 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 Contractor. Should the General Manager and Engineer-in-charge consider that any such inferior work or materials as described above may be accepted or made use of it shall be within his discretion to accept the same at such reduce rates as he may fix there for, approval by Managing Director.

Action and compensation payable in case of bad work.

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 supervision of the General Manager and his Engineer, subordinates, and the Contractor shall at all times during the usual working hours, and at all other times at which reasonable notice of the intention of the Managing Director through General Manager and Engineer-in- charge and his subordinates 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 Contractors duly authorized agent shall be considered to have the same force and effect as if they had been given to the Contractor himself.

Work's to be opened to inspection.
Contractor or responsible agent to be present.

Clause 19:-The Contractor shall give not less than five days notice in writing to the General Manager and Engineer-in-charge or his subordinate in charge of the work before covering up or otherwise placing beyond the reach of measurement any work in order that the same may be measured and correct dimension thereof 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 General Manager and 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 having been given or consent obtained the same shall be uncovered at the Contractors 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.

Notice to be given before work is covered up.

Clause 20:- If during the period of 06 months from the date of completion or as certified by the Engineer-in-charge pursuant to clause-7 of the contract or in the opinion of the Managing Director, STEM the said work is defective in any manner whatsoever, the Contractor shall forthwith on receipt of notice in that behalf from the Managing Director, STEM, duly commence execution and completely carry out at his cost in every respect all the work that may be necessary for rectifying and setting right the defects specified therein including dismantling and reconstruction of unsafe portions strictly in accordance with and in the manner prescribed and under the supervision of the Managing Director, STEM In the event of the Contractor failing or neglecting to commence execution of the said rectification work within the period prescribed there for in the said notice and /or to complete the same as aforesaid as required by the said notice, the Managing Director, STEM may get the same executed and carried out departmentally or by any other agency at the risk, on account and at the cost of the Contractor. The Contractor shall forthwith on demand pay to the STEM the amount of such cost, charges and expenses sustained or incurred by the STEMof which the certificate of the Managing Director, STEM shall be final and binding on the Contractor. Such costs, charges and expenses shall be deemed to be arrears ofland revenue and in the event of the Contractor failing or neglecting to pay the same on demand as aforesaid without prejudice to any other rights and remedies of the STEM, the same may be recovered from the contractor as arrears of land revenue. The STEM 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 to the contractor either in respect of the said work or any other work whatsoever or from the amount of security deposit retained by STEM.

Contractor liable for damage done, and for imperfections.

ANNEXURE TO CLAUSE 20 :

Clause 21: The Contractor shall supply at his own cost all material (except such special materials, if any as may, in accordance with the contract, be supplied from the Departmental stores), plant, tools appliances, implements, ladders, cordage, tackles, scaffolding and temporary works requisite or proper for the proper execution of the work, whether in the original, altered or substituted from, and whether included in the specification or other documents forming part of the contract or referred to in these conditions or not and which may be necessary for the purpose of 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 therefor 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 contractor and the expenses may be deducted from any money due to the Contractor under the contract or from his security deposit or the proceeds of sale thereof, or of sufficient portion thereof. The Contractor shall provide all necessary fencing and lights required to protect the public from accident, and shall also be bound to bear the expenses of defence of every suit, action or other legal proceeding, that may be brought by any person for injury sustained owing to neglect of the above precautions, and to pay any damages and cost which may be awarded in any such suit, action or proceedings to any such person, or which may with the consent of the Contractor be paid for 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 works 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 and appliances connected therewith and all 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) Scaffold 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 regulations herein specified.
i) Working platform, gangway, stairways shall -
i) be so constructed that no part thereof can sag unduly on unequally.
ii) be so constructed and maintained, having regard to the prevailing conditions as to reduce as for 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 3.00 metres,
i) every working platform and every gangway shall be closely boarded unless other adequate measures are taken to ensure safety,
ii) every working platform and gangway shall have adequate width; and
iii) every working platform and gangway, working place and stairway shall be suitable fenced.
k) Every opening in the floor of a building or in a working platform shall expect for the time and to the extent require to allow the excess of persons or the transport or shifting of material be provided be suitable means to prevent the fall of persons or material.
l) When persons are employed on a roof where there is a danger of falling from a height exceeding 3.00 metres (to be specified) suitable precautions shall be taken to prevent the fall of persons or materials.
m) Suitable precautions shall be taken to prevent persons being struck by articles, which might fall from scaffolds or other working places.
n) Safe means of access shall be provided to all working platforms and other working places.
o) The Contractor/(s) will have to make payments to labourers as per Minimum Wages Act.

Clause 21(B) : The Contractor shall comply with the following regulations as regards the Hoisting Appliances to be used by him :-
a) Hoisting machines and tackles, 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 of suspension shall be of suitable quality and adequate strength and free from patent defect.
c) Hoisting machines and tackles shall be examine and adequately tested after erection on the site and before use and be re-examined in position at intervals to be prescribed by the STEM Water Dist. & Infra. Co. Pvt. Ltd.
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 18 years shall be in control of any hoisting machine, including any scaffold, or give signals to the operator.
g) In case of every hoisting machine and of every chain, ring, hook, shackle, swivel and 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 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 parts of hoisting appliances shall be provided with efficient safeguards.
l) Hoisting appliances shall be provided with such means as will reduce to a minimum the risk of the accidental descent 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.

Clause 22: The Contractor shall not set fire to any standing jungle, trees, brushwood or grass without a written permit from the STEM 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 measures to prevent such fire spreading to or otherwise damaging surrounding property. The Contractor shall make his own arrangements for drinking water for the labour employed by him and provide sanitary and other arrangements.

Clause 23: Compensation for all damages done intentionally or unintentionally by Contractors labour whether in or beyond the limits of the STEM property including any damage caused by the spreading of fire mentioned in Clause 22 shall be estimated by the Engineer-in-charge and General Manager subject to the decision of the Managing Director, STEM 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 damage in the manner prescribed in Clause 1 or deducted by the STEM from any sums that may be due or become due from STEM to Contractor under this contract or otherwise. The Contractor shall bear the expenses of defending any action or other legal proceedings that may be brought by any person for injury the spread sustained by him owing to 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.

Clause 24: The employment of female labours on works in neighbourhood of soldiers barracks should be avoided as far as possible.

Clause 25: No work shall be done on a Sunday/ Public Holiday without the sanction in writing of the Engineer-in-charge

Clause 26: The contract shall not be assigned or sublet without the written approval of the Managing Director/ BoD, and if the Contractor shall assign or sublet his contract, or attempt to do so, or become insolvent or commence any proceedings to get himself adjudicated and insolvent or make any composition with his creditors, or attempt so to do or if bribe, gratuity, gift loan, perquisite, reward or advantage, pecuniary or otherwise shall either directly or indirectly be given, promised or offered by the Contractor or any of his servants or agents to any public officer or person in the employ of STEM in any way relating to his office or employment, or if any such officer or person shall become in any way directly or indirectly interested in the contract, the Managing Director may thereupon by notice in writing rescind the contract, and the security deposit of the Contractor shall thereupon stand forfeited and be absolutely at the disposal of STEM, and the same consequences shall ensure as if the contract had been rescinded under Clause 3 thereof and in addition the Contractor shall not be entitled to recover or be paid for any work therefor actually performed under the contract

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 without reference to the actual loss or damages sustained, and whether any damage has or has not been sustained.

Clause 28: In the case of tender by partners or limited company, any change in the constitution of a firm shall be forthwith notified by the Contractor to the Managing Director through General Manager for his information.

Clause 29: All works to be executed under the contract shall be executed under the direction and subject to the approval in all respects of the Managing Director, STEM for the time being, who shall be entitled to direct at what point or points and in what manner they are to be commenced, 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 STEM / BoD under the code, rules, resolutions then in the force, the decision of the Managing Director, STEM 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 instruction 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 things whatsoever, if any way arising out of, or relating to the contract, designs, drawings, specifications, estimates , instructions, orders, or other conditions, or otherwise concerning the works, or the execution, or failure to execute the same, whether arising during the progress of the work, or after the completion or abandonment thereof. After completion of work in all respect contractor shall submit final record drawings of executed under this contract dully signed to Managing Director through General Manager and Engineer-in-charge with final bill.

Clause 30 (2): The Contractor may within thirty days of receipt by him of any order passed by the Managing Director, STEM as aforesaid appeal against it to the BoD, STEM , concerned with the contract work or project.

Clause 30 (3): If the Contractor is not satisfied with the order passed by the Managing Director, STEM as aforesaid, the Contractor may, within thirty days of receipt by him of any such order appeal against it to the BoD, STEM who, if convinced that Prima-facie the Contractors claim rejected by Managing Director, STEM is not frivolous and that there is some substance in the claim of the Contractor as would merit a detailed examination and decision by the BoD, STEM.

Clause 31 : (Deleted) Stores of European or American manufacture to be obtained from STEM

Clause 32: When the estimate on which a tender is made includes lump sums in respect of part 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 payable under this Contract for each items, or if the parts of the work in question is not in the opinion of the Engineer-in-charge capable of measurement, the Managing Director may at his discretion pay the lump sum amount entered in the estimate and the certificate in writing of the Managing Director shall be final and conclusive against the Contractor with regard to any sum or sums payable to him under the provisions of this clause.
Clause 33: In the case of any class of work for which there is no such specification as is mentioned in Rule 1 of Form B-1 such work shall be carried out in accordance with the Divisional specifications, and in the event of there being no Divisional/ STEM's 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 through General Manager, approval by Managing Director, STEM.

Clause 34: The expression "Work" or "Works" where used in these conditions, shall unless there be something in the subject or context repugnant to such construction, be constructed 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.

Clause 35: The percentage referred to in the tender shall be deducted from/added to the gross amount of the bill before deducting the value of any stock issued.

Clause 36: All quarry fees, royalties, octroi dues and ground rent for stacking materials, if any, should be paid by the contractor. If the royalty paid challans in government account is not submitted by the contractor, amount of royalty due shall be recovered from contractor’s bill at prevailing rate. Contractor will not be entitled to refund such charges from STEM Water Dist. & Infra. Co. Pvt. Ltd., Thane.

Clause 37 (A): The Contractor shall be responsible for and shall pay the expenses of providing medical aid to any workmen who may suffer a bodily injury as a result of an accident. If such expenses are incurred by STEM the same shall be recoverable from the Contractor forthwith and be deducted without prejudice to any other remedy of the STEM 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’s 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 of drowning 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" (III of 1961) the rules made there under and the orders that may be issued from time to time under the said Act and the said Rules and on his failure or neglect to do so he shall be subjected to all the liabilities and penalties provided by the said Act and said Rules.
 

ii) The contractor shall engage apprentice such as brick layer, carpenter, wiremen, plumber, as well as blacksmith by recommended by the State Apprenticeship Advisor Director of Technical Education, Dhobi Talaw, Mumbai :400 001.

Clause 38: Excess Quantity: Excess quantity shall be executed only after prior approval of the competent authority granting Administrative Approval to the work and it shall be paid at accepted tender rate only. Contractor shall execute excess quantity only after written approval/ order by the competent Authority/ Managing Director/BOD according to power delegated to them as the case may be. Clause 38-:1) 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 and 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/-
ii)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
a) derived from the rates entered in the current schedule of rates and in the absence of such rates
b) 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 upon the schedule of rates applicable to the year in which the tenders were accepted
For the purpose of operation of this clause, the cost of work shall be worked out from the DSR prevailing at the time of inviting of Tender. The cost of clause 38 is Rs. 2,03,489/-in words (Rupees Two lakh Three Thousand Four Hundred Eighty Nine only) as per D.S.R. 2022 - 2023.
(iii) This clause is not applicable to extra items.
(iv)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.
(v) 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/-.
(vi) 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.
Clause 38 -A: The Executive engineer shall see that claim towards excess quantity under this clause 38 is submitted to higher authority immediately on its cropping up. The Executive Engineer while making such payment shall see that the total expenditure shall not exceed sanctioned cost of the scheme. If the proposal of Clause 38 is submitted to competent authority for payment then interim 50% payment will be released as under
a) At accepted tender rate or current schedule rate whichever is less subject to condition that total expenditure on the tender shall not exceed sanctioned cost of the scheme
Clause 38 -B:If the rate entered in to schedule B for the work of excavation of pipeline is a combined rate for different strata then the rate entered in Schedule−B will be applicable for quantity 25% in addition to the quantity mentioned in schedule−B of all items of excavation for pipe line trenches and for excess over 25% of Schedule−B quantity ,the rate payable to the contractor shall be worked out from the CSR by considering following percentage of excavation in different strata irrespective of actual strata met at the site for the increased quantity.
1) Excavation in all types of soils,. Sand,gravel and soft murum with lead up to 50 meter and lift as involved. Including dewatering, shoring and strutting etc. excluding refilling etc.% of average rate for lift 0.00 to 1.50 meter and_ % for lift .
2)Excavation in hard murum and boulders with lead up to 50 m and lead and lift as involved including dewatering, shoring and strutting etc. excluding refilling etc._% of average rate for lift meter and %_ for lift_.
3)Excavation in soft rock and old cement and lime masonry with lead upto 50 m and lift as involved, including dewatering, shoring and strutting, excluding refilling etc.% of average rate for liftand% for lift.
4)Excavation in hard rock and concrete road by chiseling wedging line drilling by mechanical means or by all means other than blasting with lead upto 50m and lift as involved, including dewatering, shoring and strutting etc. excluding refilling % of average rate for lift 0.00 to 1.50 m% and 1.50 to 3.00 m

Clause 39: The Contractor shall employ any famine, convict or other labour of a particular kind or class if ordered in writing to do so by the Engineer-in-charge.

Clause 40: No compensation shall be allowed for any delay caused in the starting of the work on account of acquisition of land or, in the case of clearance works, on account of any delay in according sanction to estimates.

Clause 41: No compensation shall be allowed for any delay in the execution of the work on account of water, standing in borrow pits or compartments. The rates are inclusive for hard or cracked soil, excavation in mud, sub-soil water or water standing in borrows pits and no claim for an extra rate shall be entertained unless otherwise expressly specified.
Clause 42: The Contractor shall not enter upon or commence any portion of work except with written authority and instructions of the Engineer-in- charge or his subordinate in charge of the work. Failing such authority, the Contractor shall have no claim to ask for measurements of the payment for work.

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

Clause 43(i): No contractor shall employ any person who is under the age of 18 years.

(ii) No contractor shall employ donkeys or other animals with breaching of string or thin ropes. The breaching must be at least three inches wide and should be of tape (Nawar).

(iii) No animal suffering from sores, lameness or emaciation or which is immature shall be employed on the work.

(iv) The Engineer-in-charge or his subordinate in charge 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 for any delay caused in the completion of the work by such removal.

(v) The contractor shall pay fair and reasonable wages 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 Managing Director, STEM through General Manager 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 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) All facilities provided in the contract labour (Regulation and Abolition Act 1971), The Maharashtra Contract Labour Regulation and Abolition Rule 1971 should be provided.

Clause 44: Payment to contractors shall be made by cheque drawn on any treasury within the division convenient to them, provided the amount exceeds Rs.10. Amounts not exceeding Rs.10 will be paid in cash./As per procedure force in & laid down by STEM

Clause 45: Any contractor who does not accept these conditions shall not be allowed to tender for works. Entering into contract by the contractor with STEM Water Distri. & Infra. Co. Pvt. Ltd., Thane by the contractor shall be considered as incontrovertible proof of acceptance of all conditions of the contract by the contractor.

Clause 46: If Government declares a state of scarcity of famine to exist in any village situated within 10 miles of the work the Contractor shall employ upon such parts of the work, as are suitable for unskilled labour, any person certified to him by the Managing Director, STEM, or by any person to whom the Managing Director, STEM 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 Government may have fixed in this behalf. Any disputes which may arise in connection with the implementation of this clause shall be decided by the Managing Director, STEM whose decision shall be final and binding on the Contractor.

Clause 47: The price quoted by the Contractor shall not in any case exceed the control price, if any, fixed by STEM or reasonable price which it is permissible for him to charge a private purchaser for the same class and description of goods under the provision of Hoarding and Profiteering Prevention 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 along with 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. This discretion will be exercised without prejudice to any other action that may be taken against the Contractor.

Clause 48: The Bidder shall quote his offer considering all prevailing taxes, cesses, levies, duties, service charge, custom duty etc. excluding Good and Service Tax. No extra payment on this account and due to rise in or new taxes will be made to the contractor.

Clause 49: In case of materials that may remain surplus with the Contractor from those issued 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 GST and the GST will be recovered on such sale.

Clause 50: The Contractor shall employ at least 80% of the unskilled labour to be employed by him on the said work from locally available labour and shall give preference to those persons enrolled under Maharashtra Government Employment and Self Employment Department's Scheme. Provided, however, that if the required unskilled labours from that district is are not available locally, 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 Engineer-in-charge of the said work, obtain the rest of requirement of unskilled the labour from outside the above scheme.

Clause 51: The contractor shall pay the labourers (skilled and unskilled) according to the wages prescribed by the Minimum Wages Act of 1948 applicable to the area in which the work of the contract is located. The contractor shall comply with the provision of the Apprentices Act, 1961, and the rules and orders issued there under from time to time, if he fails to do so his failure will be a breach of the contract and the Managing Director, STEM, may in his discretion may cancel the contract. The Contractor shall also be liable, for any precautionary liability, arising on account of any violation by him of the provision of Act. The contractor shall pay labourers skilled and unskilled according to the wages prescribed by the Minimum Wages Act, of 1948 applicable to the area in which work lies. The contractor to take precautions against accidents which take place on account of labour using loose garments while working machinery.

Clause 52: All amounts whatsoever which the contractor is liable to pay to the STEM Water Distri. & Infra. Co. Pvt. Ltd. in connection with the execution of the work including the amount payable in respect of (i) materials and / or stores supplied/ issued hereunder by the STEM to the contractor. (ii) hire charges in respect of heavy plant, machinery and equipment given on hire, by the STEM Water Distri. & Infra. Co. Pvt. Ltd. to the contractor for execution by him of the work and/or on which advances have been given by the STEM Water Distri. & Infra. Co. Pvt. Ltd. Thane to the contractor.

(iii) excess amount incurred by STEM WaterDistri. & Infra. Co. Pvt. Ltd., Thane over the security deposit furnished by the contractor for completion of work in view of provision of clause 3(b), 3(c) and clause 5(iv). Liquided 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 recovered from any payment due to the collector or from Security Deposit available with Managing Director, (vi) amount of compensation recoverable under clause 17 which could not be recovered from the amount of Security Deposit, (vii) extra expenditure incurre by the STEM for carrying out rectification of defective works under Clause 20, (viii) any other Payment/ compensation/ Penalty/ dues etc. recoverable by the Managing Director 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 Distri. & Infra. Co. Pvt. Ltd., Thane and STEM Water distri. & Infra. Co. Pvt. Ltd., Thane without prejudice to any other right and remedies of the STEM Water distri. & Infra. 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 Contractor shall duly comply with all the provisions of the Contract Labour (Regulation and Abolition) Act, 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 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 to such workers shall be deemed to be an arrears of land revenue and the STEM shall be entitled to recover the same as such from the contractor or deduct the same from the amount payable by the STEM to the Contractor hereunder or from any other amount/s payable to him by the STEM.

Clause 54: i) Where the workers are required to work near machine and are liable to accident they should not be allowed to wear loose cloth like Dhoti, Jhabba etc. ii) The contractor shall engage apprentice such as brick layer, carpenter, wiremen, plumber, as well as blacksmith by recommended by the State Apprenticeship Advisor Director of Technical Education, Dhobi Talaw, Mumbai :400 001.

Clause 55: Provision of all applicable Indian Laws shall be treated as applicable for this contract.

Clause 56: A. The anti malaria and other health measures shall be as directed by the joint Director (Malaria and Filaria) of Health Service, Pune. 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/ Mumbai. D. In case of default in carrying out prescribed anti-malaria measures resulting in increase in malaria incidence, contractor shall be liable to pay to Corporation the amount spent by STEM on anti malaria measures to control the situation in addition to fine.

Clause 57:The Contractor shall make sufficient arrangements for draining away the sewage 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 charges which are leviable on him without any extra cost of STEM.

Clause 58:The Successful contractor will have to enter in to agreement in form specified by STEM on stamp paper of required amount as per rules inforce. The stamp charges shall be borne by the contractor.

Clause 59: Price Variation Clause(Deleted)

Clause 60: Building and Other Construction Workers Welfare Cess at one percent or at the rates amended from time to time as intimated by the competent authority under Building and Other Constructions Worker Welfare Act 1996 will be deducted from the Bill.

Clause 61:The Contractor shall take out necessary Insurance Policy / Policies viz. Contractor's All Risks Insurance Policy, Erection All Risks Insurance Policy etc. so as to provide adequate insurance cover for execution of the awarded contract work for total contract value and complete contract period including for extended period & up to Defect Liability Period, Compulsorily from the " Directorate of Insurance, Maharashtra State, Mumbai" only. Its postal address for Correspondence is “264, MHADA, First Floor, Opposite Kalanagar, Bandra (East), Mumbai- 400051." Similarly all workmen's appointed to complete the contract work are required to insure under workmen's compensation Insurance Policy. Insurance Policy / Policies taken out from any other company will not be accepted. If any Contractor has not taken out the insurance policy from the “Directorate of Insurance, Maharashtra State, Mumbai” or has effected Insurance with any Insurance Company, the same will not be accepted and 1% of the tender amount or such amount calculated by the STEM & will be recovered directly from the amount payable to the Contractor for the executed contract work and paid required premium to the Directorate of Insurance Fund, Maharashtra State, Mumbai. The Director of Insurance reserves the right to distribute the risks of insurance among the other insurers. Managing Director of STEM is the final authority. for imposition of penalty, fine/ compensation on contractor, if insurance requirements are not complied with by contractor and recover appropriate amount from their bills/ payment dues.

Section

Particular

1

Invitation for Bids

2

Instruction to Bidders (DTN)

3

Qualification information and other forms (Pre & Post)

4

Conditions of Contract, Undertakings, Affidavits.

5

Contract Data

6

Technical Specifications

7

Form of Bid

8

Bill of Quantities

9

Other forms, Minutes of Pre bid Meeting (if any)

10

Drawings

11

Documents to be furnished by bidder, D.D./F.D.R/B.G.

Sr. No.

Particulars

Qty.

Unit

Rate at which material will be supplied

Place of Delivery

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STAMP

STAMP