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RfP&Tor - Model I

The document is a Request for Proposal (RFP) issued by the Urban Affairs Department of Meghalaya for selecting a concessionaire to repair, retrofit, develop, operate, and transfer existing government-funded vacant houses into Affordable Rental Housing Complexes (ARHCs) for a period of 25 years. It outlines the project details, eligibility criteria, proposal submission guidelines, and evaluation processes for interested bidders. The RFP emphasizes the importance of adhering to the provided instructions and the potential for amendments before the submission deadline.

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0% found this document useful (0 votes)
69 views117 pages

RfP&Tor - Model I

The document is a Request for Proposal (RFP) issued by the Urban Affairs Department of Meghalaya for selecting a concessionaire to repair, retrofit, develop, operate, and transfer existing government-funded vacant houses into Affordable Rental Housing Complexes (ARHCs) for a period of 25 years. It outlines the project details, eligibility criteria, proposal submission guidelines, and evaluation processes for interested bidders. The RFP emphasizes the importance of adhering to the provided instructions and the potential for amendments before the submission deadline.

Uploaded by

baddie4u
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

REQUEST FOR PROPOSAL (RFP)

FOR

Selection of Concessionaire for Repair/Retrofit, Develop, Operate & Transfer


(RDOT) by converting existing Government funded vacant houses into Affordable
Rental Housing Complexes (ARHCs) for a period of 25 years.

Project Location/Site: NONGMYNSONG, SHILLONG-MEGHALAYA.

Issued on: 14th July, 2021

Reference No.

Organization: URBAN AFFAIRS DEPARTMENT, MEGHALAYA-SHILLONG.


_______________________________________________________________________________

Represented by: MEGHALAYA URBAN DEVELOPMENT AUTHORITY, SHILLONG.


_______________________________________________________________________________
INDEX

Sl. Description Page No.


No.
1 Letter of Invitation 5
2 Disclaimer 6
Section 01 – General Instructions to the Bidders
1 Definitions 8
2 Introduction 9
3 Clarification and Amendment of RFP Documents 9
4 Conflict of Interest 10
5 Unfair Advantage 12
6 Eligibility 13
7 Proposal 17
8 Proposal Validity 17
9 Preparation of Proposals 17
10 Financial Proposals 18
11 Taxes 19
12 Earnest Money Deposit (EMD) 19
13 submission and opening of proposal 20
14 Evaluation of proposal 20
15 Evaluation of Technical proposals 20
16 Public opening & evaluation of the Financial Proposals 20
17 Award of Contract 21
18 Confidentiality 22
19 Conditions for Bidder 22
20 Pre- Bid Meeting 23
21 List of Documents to be uploaded for bid submission 23
22 Data Sheet 24
Section 02 - Terms of Reference
1 Background 28
2 ARHC Scheme Brief 29
3 Project details 30
4 Scope of Work 31
5 Payment Schedule 33
6 Viability Gap Funding (VGF) 34
7 Implementation Methodology 34
8 Incentives/ Benefits to the Concessionaire 37
9 Requirement of Professionals 37

3
Section 03 - Technical Bid
1 Technical Evaluation Criteria 39
2 Financial Evaluation Criteria 40
3 Letter of transmittal 41
4 Financial information 42
5 Form of Bankers’ Solvency Certificate from a scheduled bank 43
6 Details of eligible similar nature of works completed in last seven 44
years ending previous day of last date of submission of bid
7 Performance Report of Works referred in Form-C 45
8 Structure & Organization 46
9 EMD receipt format 48
10 Form of Earnest Money Deposit (Bank Guarantee Bond) 49
11 Affidavit 50
12 GST Registration Details of Agency 51
13 EPC & Contract for Works 52
SECTION 04 - Financial Bid
1 Financial Proposal Submission Form 54
2 Financial Bid Format 55
3 Acceptance of Bid 58
4 Memorandum 59
5 Performa for Joint Venture Agreement (JVA) 60
6 Establishing site laboratory and testing of materials 63
7 A suggestive list of plant and equipment at site 64
Section 05 - Design & Drawings and Conditions & Specifications of Civil 65-78
and E&M Works
Section 06 - Project development and management agreement between 79-116
Concessionaire and Project Authority

4
No. ……..........
Government of Meghalaya
Department of Urban Affairs
(Meghalaya)

(Shillong)
Dated. 14/07/2020

Letter of Invitation

Project Title: Selection of Concessionaire for Repair/Retrofit, Develop, Operate


& Transfer (RDOT) by converting existing Government funded vacant houses into
Affordable Rental Housing Complexes (ARHCs) for a period of 25 years.

Dear Mr./Ms……..

Government of Meghalaya, Department of Urban Affairs (hereinafter called


“Issuing Authority”) invites willing bidders/ entities for selection of concessionaire
for Repair/Retrofit, Develop, Operate and Transfer (RDOT) by converting existing
Government Funded Vacant Houses – at Nongmynsong into Affordable Rental
Housing Complexes (ARHCs) for a period of 25 years through Public Private
Partnership(PPP) mode or by public agency.

1. Issuing Authority hereby invites the proposals from bidders/ entities for RDOT
of Government funded vacant houses. Further details regarding the Scope of Work
are provided in the Terms of Reference (ToR) in this RFP document.

2. The RFP includes the following documents:

Section 01 - Instructions to the bidders


Section 02 - Terms of Reference
Section 03 - Technical Bid- Standard Forms
Section 04 - Financial Bid - Standard Forms
Section 05 - Design & Drawings
Section 06 - Draft agreement between Concessionaire and Project Authority

3. The participating bidder will be selected as per the stipulated procedure and
the conformity of the proposal with the requirement of the RFP. This RFP is being
issued on ‘no cost and no commitment basis’ and Issuing Authority reserve the right
to withdraw this RFP at any time without assigning any reasons.

Your’s sincerely,

Director,
Urban Affairs Department.
Government of Meghalaya
5
DISCLAIMER

The information contained in this Request for Proposal document (the “RFP”)
or subsequently provided to Bidder(s), whether in documentary or any other form by
or on behalf of the Department of Urban Affairs, Government of Meghalaya, is
provided to Bidder(s) on the terms and conditions set out in this RFP and such other
terms and conditions subject to which such information provided. The purpose of
this RFP is to provide interested parties with information that may be useful to them
in making their Technical and Financial bids pursuant to this RFP.

2. This RFP includes statements, which reflect various assumptions and


assessments arrived at by the ULB of State Government in relation to the Project.
Such assumptions, assessments and statements do not purport to contain all the
information that each Bidder may require in respect of technical specifications,
drawings, layouts, soil investigation report, Total Station Survey (TSS) etc. The
assumptions, assessments, statements and information contained in the RFP
Documents, may not be complete, accurate, and adequate or correct in respect of
above. Each Bidder should, therefore, conduct its own investigations and analysis
and should check the accuracy, adequacy, correctness, reliability and completeness
of the assumptions, assessments, statements and information contained in this
RFP and obtain independent advice from appropriate sources.

3. Information provided in this RFP to the participating agencies is on a wide range


of matters, some of which may depend upon interpretation of law. The information
given is not intended to be an exhaustive account of statutory requirements and
should not be regarded as a complete or authoritative statement of law. Project
Authority of State Government accepts no responsibility for the accuracy or otherwise
for any interpretation or opinion on law expressed herein.

4. The Project Authority of State Government make no representation or


warranty and shall have no liability to any person, including any Applicant or Bidder
under any law, statute, rules or regulations or tort, principles of restitution or unjust
enrichment or otherwise for any loss, damages, cost or expense which may arise from
or be incurred or suffered on account of anything contained in this RFP or otherwise,
including the accuracy, adequacy, correctness, completeness or reliability of the RFP
and any assessment, assumption, statement or information contained therein or
deemed to form part of this RFP or arising in any way for participation in this BID
Stage.

5. The Project Authority of State Government also accepts no liability of any


nature whether resulting from negligence or otherwise howsoever caused arising
from reliance of any bidder upon the statements contained in this RFP. The Project
Authority may in its absolute discretion, but without being under any obligation to
do so, update, amend or supplement the information, assessment or assumptions
contained in this RFP.

6. Issuance of this RFP does not imply that the Project Authority of State
Government is bound to select a bidder or to appoint the selected agency or bidder,

6
as the case may be, for the Project and the Project Authority of State Government
reserves the right to reject all or any of the Bidder or bids without assigning any
reason whatsoever.

7. The Bidder shall bear all its costs associated with or relating to the preparation
and submission of its bid including but not limited to preparation, copying, postage,
delivery fees, expenses associated with any demonstrations or presentations which
may be required by the Project Authority of State Government or any other costs
incurred in connection with or relating to its BID. All such costs and expenses will
remain with the bidder and the Project Authority of State Government shall not be
liable in any manner whatsoever for the same or for any other costs or other expenses
incurred by a Bidder in preparation for submission of the bids, regardless of the
conduct or outcome of the Bidding Process.

7
SECTION - 1: GENERAL INSTRUCTIONS TO THE BIDDERS

1. DEFINITIONS

a. Affordable Rental Housing Complex” shall mean-


i. A complex of vacant EWS/ LIG houses constructed with Govt. fund-
ed schemes and consisting of at least one bed room, one living
room, kitchen, bathroom and toilet, room dimensions conforming to
relevant NBC norms with all basic infrastructure facilities such as
water, sanitation, sewerage/ septage, road, electricity along with
necessarysocial/ commercial infrastructure.
ii. Initial affordable rent to be fixed by Local Authority based on local
survey of surrounding area, where the project is situated and shall
be operated and maintained for a period of 25 years.

b. “Project Authority” means the concerned Urban Local Body i.e. The
Urban Affairs Department, Government of Meghalaya who have invited
the Technical and Financial bids for converting existing Government
funded vacant houses into ARHCs Repair/Retrofit, Develop, Operate
and Transfer (RDOT) for a period of 25 years through Public Private
Partnership (PPP) or by public agency as per the terms and conditions
of the RFP.
c. “Concessionaire” means any agency selected for Repair/Retrofit, De-
velop, Operate and Transfer (RDOT) by converting existing Govern-
ment funded vacant houses into ARHCs for a period of 25 years.
d. “Contract” means the concession agreement signed between Project
Authority and selected agency.
e. “Project specific information” means such part of the Instructions to
agencies used to reflect specific project and assignment conditions.
f. “Day” means calendar day.
g. “Government” means the Government of Meghalaya.
h. “Instructions to agencies” means the document which provides Agen-
cies with all information needed to prepare their proposals.
i. “Proposal” means the Technical Proposal and the Financial Proposal.
j. “RFP” means the Request for Proposal prepared by the Project Authority
for selection of Concessionaire.
k. “Assignment/ Job” means the work to be performed by the concession-
aire pursuant to the Contract.
l. “Terms of Reference” (TOR) means the document included in the RFP
which explains the objectives, scope of work, activities, tasks to be
performed, respective responsibilities of the Project Authority and the
agencies, and expected results and deliverables of the Assignment/Job.

8
2. INTRODUCTION

Project Authority will select a Concessionaire (the Agency, in accordance


with the method of selection specified in the RFP).

The name of assignment/ job has been mentioned in Section- I Data


Sheet. Detailed scope of the assignment/ job/services has been described
in the Terms of Reference.

The date, time and address for submission of the proposals have been
given in Section- I Data Sheet.

Agencies are invited to submit their Proposal, for the Assignment/


Job named in Section- I Data Sheet. The Proposal will be the basisfor
contract negotiations and ultimately for a signed contract with the
selected “Agency” as Concessionaire.

The participating agencies should familiarize themselves with the local


conditions and take them into account in preparing their Proposals. To
obtain first-hand information on the Assignment/Job and local
conditions, agencies are encouraged to meet the Project Authority’s
representative named in Section- I Data Sheet before submitting a
proposal and to attend a pre-bid meeting, if such a meeting is specified in
the Section- I Data Sheet. Attending the pre-bid meeting is optional.
Agencies should contact the Project Authority’s representative to arrange for
their visit or to obtain additional information on the pre-bid meeting.
Agencies should ensure that these representatives are advised to visit in
adequate time to allow them to make appropriate arrangements.

The Project Authority will provide to the Agencies the inputs and facilities
specified in the Section- I Data Sheet, assist the Agencies in obtaining
licenses/permits/approvals/NOCs needed to carry out the Assignment/
Job, and make available relevant data and reports, if necessary.

Agencies shall bear all costs associated with the preparation and
submission of their proposals and contract negotiation. The Project
Authority is not bound to accept any conditional proposal and reserves
the right to annul the selection process at any time prior to Contract
award, without thereby incurring any liability to the Agencies.

3. CLARIFICATION AND AMENDMENT OF RFP DOCUMENTS

Participating Agencies may request a clarification on any clause of the


RFP documents up to the number of days indicated in the RFP before the
proposal submission date. Any request for clarification must be sent in
writing in English, or by standard electronic means to the Project
Authority’s address indicated in the Section-I Data Sheet. The Project
Authority will respond in writing, or by standard electronic means and

9
will send written copies of the response (including an explanation of
the query but without identifying the source of inquiry) to all Agencies.
Should the Project Authority deem it necessary to amend the RFP as a
result of a clarification, it shall do so following the procedure under para
below.

3.2 At any time before the submission of Proposals, the Project Authority
may amend the RFP by issuing an Addendum online. To give Agencies
reasonable time in which to take an amendment into account in their
Proposals, the Project Authority may, if the amendment is substantial,
extend the deadline for the submission of Proposals.

The Participating Agency may modify or withdraw his bid after submission,
provided that the written notice of modification or withdrawal is received by
the Project Authority prior to deadline prescribed for submission of bids,
if permissible in Urban Affairs (www.megurban.gov.in) portal. No bid
shall be modified after the deadline for submission of bids. No bid may be
withdrawn in the interval between the deadline for submission of bids
and expiration of the period of bid validity specified. Withdrawal of a bid
during this period will result in Participating Agency’s forfeiture of
Earnest Money Deposit (EMD).

During evaluation and comparison of bids, the Project Authority may, at


its discretion, ask the Participating Agency for clarification of his bid. The
request for clarification will be given in writing and no change in prices or
substance of the bid will be sought, offered or permitted. No post-bid
clarification on the initiative of the Participating Agency will be
entertained.

All participating Agencies have to mandatorily upload all requisite


documents along with necessary documentary support serially by
indicating the page no. in the index, otherwise bids will be rejected
without assigning any reason.

Rejection of Bids: Canvassing by the Participating Agency in any form,


unsolicited letter and post-tender correction may invoke summary
rejection with forfeiture of EMD. Conditional Proposals will be rejected.

4. CONFLICT OF INTEREST

Project Authority requires the Agencies to provide professional, objective,


and impartial advice and at all times hold the Project Authority’s interest’s
paramount, strictly avoid conflicts with other Assignment/Jobs or their
own corporate interests and act without any consideration for future work.

Without limitation on the generality of the foregoing, Agencies and any of


their affiliates, shall be considered to have a conflict of interest and shall
not be recruited, under any of the circumstances set forth below:

10
i. Conflicting Assignment/Job: The Agency shall not be contracted for
any Assignment/Job that, by its nature, may be in conflict with an-
other Assignment/Job of the Agencies to be executed for the same or
for another Project Authority.
ii. Conflicting relationships: (a) The Agency that has a business or
family relationship with a member of the Project Authority’s staff who
is directly or indirectly involved in any part of (b) preparation of the
Terms of Reference of the Assignment/Job, (c) the selection process for
such Assignment/Job, or (d) supervision of the Contract, may not be
awarded a Contract, unless the conflict stemming from this relation-
ship has been resolved in a manner acceptable to the Project Authority
throughout the selection process and the execution of the Contract.

Agencies have an obligation to disclose any situation of actual or potential


conflict that impacts their capacity to serve the best interest of their Project
Authority, or that may reasonably be perceived as having this effect. Any
such disclosure shall be made as per the Standard forms of technical
proposal provided herewith in the RFP. If the Agency fails to disclose said
situations and if the Project Authority comes to know about any such
situation at any time, it may lead to the disqualification of the Agency
during bidding process or the termination of its Contract/Agreement
during execution of assignment.

WORK NOT TO BE SUBLET. ACTION IN CASE OF INSOLVENCY


The contract shall not be assigned or sublet without the written approval of
the Competent Authority. And if the selected agency shall assign or sublet
his contract, or attempt to do so, or become insolvent or any insolvency
proceedings commenced or make any composition with his creditors or
attempt to do so, or if any bribe, gratuity, gift, loan, perquisite, reward or
advantage pecuniary or otherwise, shall either directly or indirectly, be
given, promised or offered by the participating agency, or any of his servants
or agent to any public officer or person in the employ of Government 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
Competent Authority on behalf of the Governor/Administrator of
Meghalaya shall have power to adopt the course specified in Clause 3
hereof in the interest of Government and in the event of such course being
adopted, the consequences specified in the said Clause 3 shall ensue.

If the selected agency assigns, (excluding part(s) of work assigned to other


agency(s) by the selected agency as per terms of contract), transfers, sublets
(engagement of labour on a piece-work basis or of labour with materials
not to be incorporated in the work, shall not be deemed to be subletting)
or otherwise parts with or attempts to assign, transfer, sublet or otherwise
parts with the entire works or any portion thereof without the prior written
approval of the Competent Authority.

No tenant/aggregators shall sublet whole or part of ARHCs except entering

11
into supplementary agreement to existing tenancy agreement. In case, any
of the tenant found be indulged in subletting activities, suitable action
shall be taken including but not limited to eviction of such tenant and
recovery of dues etc.

5. UNFAIR ADVANTAGE

Penalty for use of undue influence: -The Agency undertakes that it


has not given, offered or promised to give, directly or indirectly, any gift,
consideration, reward, commission, fees, brokerage or inducement to any
person in service of the Project Authority or otherwise in procuring the
Contracts or forbearing to do or for having done or forborne to do any act in
relation to the obtaining or execution of the present Contract or any other
Contract with the Government of Meghalaya for showing or forbearing to
show favour or disfavor to any person in relation to the present Contract
or any other Contract with the Government of Meghalaya. Any breach of
the aforesaid undertaking by the Agencies or any one employed by him
or acting on his behalf (whether with or without the knowledge of the
Agencies) or the commission of any offers by the Agencies or anyone
employed by him or acting on his behalf, as defined in Chapter IX of the
Indian Penal Code, 1860 or the Prevention of Corruption Act,1986 or any
other Act enacted for the prevention of corruption shall entitle the Project
Authority to cancel the contract and all or any other contracts with the
Agencies and recover from the Agencies the amount of any loss arising
from such cancellation. A decision of the Project Authority or his nominee
to the effect that a breachof the undertaking had been committed shall be
final and binding on the Agencies. Giving or offering of any gift, bribe or
inducement or any attempt at any such act on behalf of the Agencies
towards any officer/employee of the Project Authority or to any other
person in a position to influence any officer/employee of the Project
Authority for showing any favour in relation to this or any other contract,
shall render the Agencies to such liability/ penalty as the Project
Authority may deem proper, including but not limited to termination of
the contract, imposition of penal damages, forfeiture of the Bank
Guarantee and refund of the amounts paid by the Project Authority.

If a Agency could derive a competitive advantage from having provided


Assignment/Job related to the Assignment/Job in question and which is
not defined as conflict of interest as per above, the Project Authority shall
make available to all Agencies together with this RFP, all information that
would in that respect give such Agencies any competitive advantage over
competing Agencies.

DISPUTE RESOLUTION
In case, any dispute, difference, conflict or question of whatever nature
(the “Dispute”) arises between the Entity/Concessionaire and States/UTs/
ULBs/Parastatals in terms of implementation, operation, maintenance etc.
of ARHCs, the same shall in the first instance be attempted to be settled

12
amicably through mutual discussion. If such Dispute does not get settled
through mutual discussions, the same shall be referred to an independent
mediator to be appointed by the District Collector/ District Magistrate or
an officer of equivalent rank, within his jurisdiction.

Further, if any Dispute which is not settled amicably and/ or through


mediation, same shall be resolved under the provisions of the Arbitration
and Conciliation Act, 1996. The place of Arbitration proceedings shall be
place of execution of Agreement between the Parties, unless otherwise
agreed between the parties. During the pendency of mediation and
arbitration proceedings, until the arbitral award is published; the Parties
shall continue to perform their respective obligations under terms of
Agreement without prejudice to a final adjustment in accordance with
such award.

Any party aggrieved by the order of arbitrator may approach to the Civil
Court having territorial jurisdiction, under provisions of the aforesaid Act,
1996.

6. ELIGIBILITY CRITERIA

Agency’s Incorporation:

a) Participating Agencies eligible for participating in the bidding process shall


be any one of the following two categories, otherwise bids will be considered
as non-responsive:
i. Category 1: Single Business Entity (Private/ Public Agency)
Or,
ii. Category 2: A consortium of Business Entities (hereinafter referred to
as “Consortium”)
The term Participating Agency would herein after apply to both the above-
mentioned categories.

b) For the purpose of this RFP, the participating agency shall mean a
business Entity incorporated under the Indian Companies Act 1956/2013
or incorporated under such equivalent laws. Participating Agency should
submit Registration/ Incorporation Certificates & GST Registration under
the governing legislations. The Agency shall be required to submit a true
copy of its Registration/ Incorporation Certificate along with the Proposal.

c) A Consortium of a maximum of three (3) members of above such entities,


comprising one Lead Member with two other members, who may get
associated for arrangement of project finance, project implementation
and management etc. shall be allowed and shall hereinafter be referred as
“Consortium”.

d) The Participating Agency should submit a Power of Attorney authorizing


the signatory of the Bids in case of Consortium.

13
e) Bids submitted by a Consortium should comply with the following
additional requirements:
1. The number of members in the Consortium would be limited to three
(3) only;
2. The application should contain the information required from each
member;
3. The application should include a description of clearly defined roles
and responsibilities of all members;
4. Members of the Consortium shall nominate one member as the Lead
Member;
5. A Participating Agency who has participated in this Bid in its individu-
al capacity or as part of a Consortium cannot participate as a separate
Agency of any other Consortium participating in this tender;
6. The members of the Consortium shall execute a Power of Attorney for
Lead Member of Consortium.
7. The members of the Consortium shall enter into a Memorandum of
Understanding (MoU), for the purpose of submission of the bids. The
MoU should, inter alia,
i. Clearly outline the proposed roles and responsibilities of each
member of the Consortium; and
ii. Include a statement to the effect that all members of the Consortium
shall be liable jointly and severally for the assignments arising out
of the States/Union Territories (UTs), as the case may be and in
accordance with the terms of the contract agreement therefore;
iii. A copy of MoU signed by all members should be submitted along
with the Technical Bid. MoU entered between the members of the
Consortium should contain the above requirements, failing which
the Application shall be considered non-responsive and MoU will
not be changed later on.

f) The Participating Agency or Consortium which has earlier been barred


by Project Authority or blacklisted by any State/UT Government or
Central Government/department/agency/Central or State Public Sector
Undertakings in India from participating in Bidding Process, shall not be
eligible to submit bids, either individually or as member of a Consortium,
if such bar subsists as on the submission due date. The Participating
Agency or Consortium shall be required to furnish an affidavit that there
is no such bar imposed and existing as on date.

g) The Participating Agencies declared ineligible by multilateral agencies


or Government of India or State/UT Governments and debarred from
such type activities in India shall be ineligible to submit bids. In case the
Participating agency or any member of Consortium is declared ineligible
by multilateral agencies or Government of India or State/UT Governments
during the evaluation period, then such bids shall be excluded from the
evaluation process.

h) A Participating agency or member of Consortium should have, during the

14
last three years, neither failed to perform on any agreement/contract,
as evidenced by imposition of a penalty or a judicial pronouncement
or arbitration award against the Participating Agency or member of
Consortium, nor been expelled from any project or agreement, nor have
had any agreement terminated for breach by such Participating Agencies
or member of Consortium. In case the Participating Agencies or member
of Consortium during period of Empanelment/contract, fails to perform
on any agreement, as evidenced by imposition of a penalty or a judicial
pronouncement or arbitration award against the Participating Agency or
member of Consortium, or been expelled from any project or agreement
or have had any agreement terminated for breach by such Participating
Agency or member of Consortium, such Participating Agency shall cease
to be selected with Project Authority.

i) Each participating Agency/Consortium shall submit only one proposal


for the project. Any participating Agency/Consortium, who submits
or participates in more than one proposal for the same project will be
disqualified.

j) The bid and all related correspondence and documents should be furnished
by the participating agency with the bid may be in any other language
provided that these are accompanied by appropriate translations of the
pertinent passages in the English language by approved/authorized/
licensed translator. Supporting material, which are not translated into
English, may not be considered. For the purpose of interpretation and
evaluation of the bid, English language translation shall prevail.

k) Participating Agency/Consortium should be profit making organization.


Audited balance sheet for the last five years may be attached with the
technical bids, otherwise bids will be rejected.

l) Any change in the composition of a Consortium during the term of


evaluation process shall not be permitted after submission of bids and
during the contract period.

Work Experience:

a. Experience of having successfully completed similar works during the


last 5 years ending previous day of last date of submission of bids:
i. Three similar works each costing not less than 40% of the estimated cost
of project
OR
ii. Two similar works each costing not less than 60% of the estimated cost
of project
OR
iii. One similar work costing not less than 80% of the estimated cost of proj-
ect

15
“Similar works” here means Construction/Repair/Retrofit/ Development &
Maintenance and Management of the housing complexes/social housing/
residential societies/hostels/hotels by Agency/Consortium themselves in
last five years.

b. Previous experience in similar nature of work should be supported by cer-


tificates issued by the client’s organization. In case the work experience is
of Private sector the certificate shall be supported with copies of Letter of
Award and copies of corresponding TDS certificates.

c. The value of executed works shall be brought to the current level by en-
hancing the actual value of work done at a simple rate of 7% per annum,
calculated from the date of completion to previous day of last day of sub-
mission of bids.

Financial Strength:

a. The average annual financial turnover of the Agency of last 5 consecutive


financial years shall be at least 50% of the estimated project cost in the
RFP. The requisite Turnover shall be duly certified by a Chartered Accoun-
tant with his Seal/ signatures and registration number.

b. Net Worth of the Agency as on 31st March of previous Financial Year should
be positive. In case due to COVID-19, the audited balance sheet for the
year 2019-20 is not available, the balance sheet of the previous year i.e.
2018-19 will be considered.

c. In case the annual accounts for the latest financial year are not audited
and therefore the Agency could not make available the same, the Agency
shall give an undertaking to that effect and the statutory auditor shall
certify the same. In such case, the Agency may provide the unaudited An-
nual Account (with Schedules) for the latest financial year. In any case,
the Audited Annual Financial Statements for the year proceeding the latest
financial year would have to provided, failing which the Proposal will be
rejected as non responsive.

d. In case of a Partnership agency or any other , if the audited annual finan-


cial statements of the Agency for the financial year immediately preceding
the Proposal Due Date are not available, a certificate from the Chartered
Accountant certifying the Net worth along with the certificate from the
valuator with regard to the Land and Building is required to be submitted.
Failure to do so would be considered as a non-responsive Proposal.

e. Agency should not have incurred any loss in more than two years during
available last five consecutive balance sheets. Agencies are required to
upload and submit page of summarized Balance Sheet (Audited) and also
page of summarized Profit & Loss Account (Audited) for last five years.

16
f. In case the Agency is a Consortium, the Financial Capacity of both the lead
Member as well as the other Members shall be considered for the purpose
of evaluation of financial capacity.

g. Financial Capacity of parent/subsidiary/associated company (ies) of the


bidder would not be considered for evaluation.

h. Self certified copy of Bank Solvency Certificate issued from Nationalized or


any Schedule Bank should be at least 40% of estimated project cost in this
bid. The certificate should have been issued within 6 months from original
last date of the submission of the bid.

7. PROPOSAL

E-tenders are invited under two bid systems i.e. Technical Bid and
Financial Bid. Interested agencies are advised to submit their bids “by
visiting www.megurban.gov.in / Govt. of India e-procurement portal i.e
http://eprocure.gov.in. Bids will be accepted as e-tender only.

8. PROPOSAL VALIDITY

Section 01 Data Sheet indicates on how long Agencies Proposals must


remain valid after the submission date. The Project Authority will make
its best effort to complete negotiations within this period. Should the need
arises, however, the Project Authority may request Agencies to extend the
validity period of their proposals. Agencies who agree to such extension
shall confirm that their financial proposal remain unchanged, or in their
confirmation of extension of validity of the Proposal. Agencies who do not
agree have the right to refuse to extend the validity of their proposals;
under such circumstance the Project Authority shall not consider such
proposal for further evaluation.

9. PREPARATION OF PROPOSALS

While preparing the proposal, Agencies are expected to examine in detail


the documents comprising the RFP. Material deficiencies in providing the
information requested may result in rejection of a Proposal.

While preparing the Technical Proposal, Agencies are required to give


particular attention to the following:
a) The participating agencies/consortium shall not be permitted to
associate with other Agencies.
b) Submission of the wrong type of Technical Proposal will result in the
Proposal being deemed non-responsive. Form Tech – I in Section-II is a
sample letter of technical proposal which is to be submitted along with
the technical proposal.

17
Depending on the nature of the Assignment/Job, Agencies are required
to submit a Technical Proposal (TP) as per forms provided in Section-II.
Section-II indicates the formats of the Technical Proposal to be submitted.
Submission of the wrong type of Technical Proposal will result in the
Proposal being deemed non-responsive. The Technical Proposal shall
provide the information indicated in the following para from (a) to (g) using
the attached Standard Forms (Section II).

(a) A brief description of Agencies will be provided in Form Tech-2 (Section


II). In the same Form, Agencies and in the case of a consortium/ joint
venture, each partner will provide details of experience of assignments
which are similar to the proposed assignment/ Job as per the Terms of
Reference (ToR). For each Assignment/Job, the outline should indicate
the names of Agencies/ Professional staff who participated, duration
of the Assignment/Job, contract amount and Agencies involvement.
Information should be provided only for those Assignment/Jobs for
which the Agencies were legally not contracted by the Project Authority
as a corporation or as one of the major agencies within a consortium/
joint venture. Assignment/Jobs completed by individual working
privately or through other agencies cannot be claimed as the experience
of the Agencies, or that of the Agencies associates, but can be claimed
by the individual themselves in their CVs. Agencies should be prepared
to substantiate the claimed experience along with the proposal and
must submit letter of award/ copy of contract for all the assignments
mentioned in the proposal.

The Technical Proposal shall not include any financial information


otherwise the proposal will be declared as non responsive.

10. FINANCIAL PROPOSALS:

Project Period: The project period will commence from the date of signing
of contract agreement and would continue for a project period of 25 years,
after completion of Repair/Retrofit and infrastructure development with
respect of the project. The period may also be further extended on the
basis of same terms and conditions after approval of competent authority.
State Government of Meghalaya however, reserve the right to terminate
the initial contract at any time after giving one week notice to the
awardee agencies.

Performance Bank Guarantee: The Participating Agency will be required


to furnish a Performance Guarantee by way of Bank Guarantee through
a public sector bank or a private sector scheduled bank authorized to
conduct government business for a sum equal to 10% of the contract value
within 60 days of receipt of the conformed order/contract as per format.
Performance Bank Guarantee should be valid up to 60 days beyond
the contract period. No interest will be payable on Performance Bank
Guarantee.

18
Tolerance Clause - To take care of any change in the requirement during
the contract period, Project Authority reserves the right to increase or
decrease number of vacant houses up to 100% without any change in the
terms & conditions and prices quoted by the Agencies.

Liquidated Damages: In the event of the Agency’s failure to submit the


bonds, guarantees, and documents or complete the Repair/Retrofit,
Develop, Operate & Maintenance the ARHCs for a period of 25 years etc.,
as specified in this contract. The Project Authority shall deduct from the
Performance Bank Guarantee (PBG) of the Agencies as agreed, liquidated
damages to the sum of 0.5% of the Annual Positive premium amount for
week of delay or part of a week, subject to the maximum value of the
Liquidated Damages being not higher than 10% of the value of contract .

11. TAXES

Agencies shall fully familiarize themselves about the applicable Domestic


taxes (such as GST and other applicable taxes) on amounts payable by the
Project Authority under the Contract. All such taxes must be included by
the Agencies in the financial proposal.

12. EARNEST MONEY DEPOSIT (EMD)

Earnest Money Deposit


i. An EMD of Rs. 4,26,000/- (Indian rupees only), in the form of BG or
DD drawn in favour of “Director, Urban Affairs Department, Govt. of
Meghalaya” payable at Shillong must be submitted along with the
Proposal.
ii. Participating agency has to mandatorily submit EMD, otherwise bids
will be considered as non-responsive and no exemption will be granted
to any agency.
iii. No interest shall be payable by the Project Authority for the sum depos-
ited as EMD.
iv. EMD of unsuccessful Participating Agencies would be returned back by
the Project Authority within one month of signing of the contract with
successful Participating Agency.

EMD shall be forfeited by the Project Authority in the following events:


i. If Proposal is withdrawn during the validity period or any extension
agreed by the Agencies thereof.
ii. If the Proposal is varied or modified in a manner not acceptable to the
Project Authority after opening of Proposal during the validity period
or any extension thereof.
iii. If the Agencies tries to influence the evaluation process.
iv. If the first ranked agency withdraws his proposal during negotiations
(failure to arrive at consensus by both the parties shall not be con-
strued as withdrawal of proposal by the Agency).

19
13. SUBMISSION AND OPENING OF PROPOSALS

Bid along with all copies of documents should be submitted in the elec-
tronic form only through the e-tendering system. Before the bid is upload-
ed, bid comprising of all attached documents should be digitally signed
using digital signatures issued by an acceptable Certifying Authority (CA)
in accordance with the Indian IT Act 2000.

Bid shall be opened online as per the date & time mentioned in RFP.

Price Bids of only those Participating Agencies shall be considered for elec-
tronic opening & evaluation, whose bid is determined to be technically ac-
ceptable to the Project Authority.

14. EVALUATION OF PROPOSAL

From the time the Proposals are opened to the time the Contract is
awarded, the Agencies should not contact the Project Authority officials
on any matter related to its Technical and/or Financial Proposal. Any
effort by the Agencies to influence the Project Authority officials in the
examination, evaluation, ranking of Proposals, and recommendation for
award of Contract may result in the rejection of the Agencies Proposal.

Evaluation of Technical and Financial bids will be carried out by the Tender
Evaluation Committee (TEC) constituted by the Project Authority at the
Meghalaya ULB level.

15. EVALUATION OF TECHNICAL PROPOSALS:

TEC while evaluating the Technical Proposals shall have no access to the
Financial Proposals until the technical evaluation is concluded, and the
competent authority accepts the recommendation of TEC.

The TEC shall evaluate the Technical Proposals on the basis of their
responsiveness to the Terms of Reference (ToR) and by applying the
evaluation criteria, sub-criteria specified in the Section –I Data sheet.
In the first stage of evaluation, a Proposal shall be rejected if it is found
deficient as per the requirement indicated in the Section –I Data sheet for
responsiveness of the proposal. Only responsive proposals shall be further
taken up for evaluation. Evaluation of technical proposal will start first
and at this stage and the financial bid (proposal) will remain unopened.
Qualification of the Agencies and the evaluation criteria for the technical
proposal shall be as defined in the Section –I Data sheet.

16. PUBLIC OPENING & EVALUATION OF THE FINANCIAL PROPOSALS:

Financial bids of only those agencies who are technically qualified shall
be opened publicly on the date & time specified, in the presence of the

20
Agencies representatives who choose to attend. The name of the Agencies
and their financial bids shall be read aloud.

The Agencies shall fully familiarize themselves about the applicable


Domestic taxes (such as GST etc.) on amounts payable by the Project
Authority under the Contract. All such taxes must be included by the
Agencies in their financial bids.

Only those offers shall be evaluated which are found to be fulfilling all the
eligibility and qualifying requirements of the tender, both technically and
financially.

Financial Evaluation Criteria:

i. Bidder who shall quote the most competitive financial bid (in terms
of highest positive premium in the form of revenue share to Urban
Affairs Department, Meghalaya, will be considered for award of
work. In case of negative premium, bidder who quotes lowest
requirement of Viability Gap Funding (VGF) from Urban Affairs
Department, Meghalaya and offers maximum revenue share to the
above concerned Authority/Department will be considered for award
of work. However, Bidder should not quote more than 20% of the
total project cost as Viability gap Funding (VGF). In both situations,
contract will be awarded to that Bidder who will offer Highest Net
Revenue Share to the ULB.

Notes:
a) VGF amount will be released by ULB against the submission of
Bank Guarantee (BG) by Concessionaire as per payment terms.
Interest on BG amount will not be paid in this situation. The
quoted rates shall remain agency and fixed during the period of
the contract.
b) Total quoted occupancy shall not be considered less than 80% of
the total vacant houses of the ARHCs.

ii. Concessionaire has to return the VGF amount within a period of 3


years from the date of operation of ARHCs along with applicable inter-
est rates.

17. AWARD OF CONTRACT

After completing the evaluation process, the Project Authority shall issue a
Letter of Intent (LoI) to the selected agency and promptly notify all other
agencies who have submitted proposals about the decision taken.

The selected agency will sign the contract after fulfilling all the formalities/
pre-conditions mentioned in the standard form of contract in Section-6,
within 15 days of issuance of the letter of intent.

The Agency is expected to commence the Assignment/Job after signing of

21
the contract or on the date specified in the Section –I of Data Sheet which
ever earlier.

18. CONFIDENTIALITY

Information relating to evaluation of Proposals and recommendations


concerning awards shall not be disclosed to the Agencies who submitted
the Proposals or to other persons not officially concerned with the process,
until the publication of the award of Contract. The undue use by any
Agencies of confidential information related to the process may result in
the rejection of its Proposal and may be subject to the provisions of the
Project Authority’s antifraud and corruption policy.

19. CONDITIONS FOR BIDDER

The agencies are required to quote strictly as per terms and conditions,
specifications, and standards.

The highest positive premium shall constitute the sole criteria for evalua-
tion of the financial proposal.

The agencies are advised to submit complete details with their bids as
Technical Bid Evaluation will be done on the basis of documents uploaded
on website by the Bidder with the bids. The information should be submit-
ted in the prescribed Performa. Bids with Incomplete/Ambiguous informa-
tion will be rejected.

The Bank Guarantee for EMD submitted by the Bidder shall be strictly in
the format prescribed in Form-G. In case, EMD is not found verbatim in
the prescribed format, the bid will be liable for rejection.

The agencies are advised in their own interest to submit their bid docu-
ments well in advance from last date/ time of submission of bids so as to
avoid problems which the Bidder may face in submission at last moment/
during rush hours.

When it is desired by Project Authority of State/UT Government to submit


revised financial bid within the validity period then it shall be mandatory
to submit revised financial bid. If not submitted then the bid submitted
earlier shall become invalid and EMD will be forfeited.

Notwithstanding anything stated above, Project Authority of State/UT


Government reserves the right to assess the capabilities and capacity of
the Bidder to perform the contract, in the overall interest of Project Author-
ity of State/UT Government. In case, Participating Agency’s capabilities
and capacities are not found satisfactory, Project Authority of State/UT
Government reserves the right to reject the bid.

22
Canvassing in connection with the bid are strictly prohibited, and such
canvassed bids submitted by the Bidder will be liable to be rejected and his
earnest money shall be absolutely forfeited.

20. PRE-BID MEETING

Pre-bid meeting shall be held with the eligible and intending Bidder in the
Office of the Director, Urban Affairs Department, Govt. of Meghalaya at
11:00 am on 23rd August 2021 to clear the doubt of intending Bidder, if
any. Bidder may send all their queries by Email, before pre-bid meeting,
latest by 3:00 pm. on 16th August 2021 to the office of the Director, Urban
Affairs Department, Govt. of Meghalaya (Telephone No: 0364-2210037
FAX No: 2210037, e-mail: [email protected]. As a result of pre-bid
meeting, certain modifications may be issued to all eligible Bidder by
Project Authority of State/UT Government corrigendum, if felt necessary.
All modifications/addendums/corrigendum issued regarding this bidding
process, shall be uploaded on website only and shall not be published in
any Newspaper.

Attending the pre-bid meeting is optional. Bidder should contact Project


Authority of State Government to arrange for their visit or to obtain ad-
ditional information on the pre-bid meeting. Agencies should ensure that
these representatives are advised of the visit in adequate time to allow
them to make appropriate arrangements. The Pre-Bid meeting shall be at-
tended by the intending Bidder only and not by vendors/manufacturers.
Further, the intending Bidder should depute their authorized person with
authorization letter in original to attend the pre-bid meeting.

21. LIST OF DOCUMENTS TO BE UPLOADED FOR BID SUBMISSION:

Bank Guarantee of any Nationalized or all Commercial Scheduled Bank


against EMD.
Memorandum Annex-I.
Unconditional Letter of Acceptance of Bid Conditions (in original) (Annex-II
of Contract Conditions) (On Letter Head of the Applicant/ Bidder).
Details of Work Experience Certificates - FORM-A.
Details of Similar Works - FORM-B.
Financial Details- FORM-C.
TDS details for Private Sector Projects - FORM-D.
Self-certified copy of Bank Solvency Certificate- FORM-E.
Documents regarding Net Worth of the Company/Agency.
Form-H of Contract Conditions -Affidavit duly notarized by Notary Public
on Non Judicial Stamp Paper of Rs. 100 for correctness of Documents /
Information.
Power of Attorney of the person authorized for signing/submitting the bid.
Valid GST registration/EPF registration/PAN NO.
All pages of the entire Corrigendum (if any) duly signed by the authorized
person.
Pre-bid clarifications, if any.
General Information Form-F

23
Work Experience Certificates consisting of details as mentioned in Form-G
Registration Details of the Bidder in the GST Act in the State at the loca-
tion of the Project– Form-I

NOTE: All uploaded documents should be in readable, printable and legible form,
failing which the Bids shall not be considered for evaluation. The relevant Annexure
may be tabled with proper indexing with paging.
22. DATA SHEET

DATA SHEET
Sl. Parameters Details
No.
1 Bid Document No. ULB (State/UT)/ ARHCs/ RDOT/
Bidder /2020/Project Code (By ULB)
2 Name of the Work Retrofit/Repair – Develop – Operate
– Transfer (RDOT) 56 DU’s and 1
commercial facility at Nongmynsong
, Shillong as Affordable Rental
Housing Complexes.
3 Project Constructed under Scheme ARHC

4 Project Location and Address Nongmynsong, Shillong

5 Name of Implementing Agency/ Urban Affairs Department


Urban Local body
6 No of houses to be provided on rent

7 Year of completion 1 year from the date of approval of


work order
8 Estimated Project Cost for Repair / Rs 4,26,70,569
Retrofitting / Development, if any (Four crores, twenty six lakhs,
seventy thousand, five hundred and
sixty nine rupees)
9 Period of Completion of repair/ 12 Months
retrofitting

10 Earnest Money Deposit (EMD Rs 4,26,000


should be 2% to 5% of estimated (Four lakhs twenty six thousand
cost and it should be predefined in rupees)
the RFP)
11 Last date & time of submission of Up to 12th October 2021
Online Bid
12 Period during which hard copy On or before the date of
in original of EMD, Cost of Bid opening of Technical Bid
Document to be submitted
13 Date & Time of Opening of Technical 18th October 2021
Bid

14 Pre-Bid Meeting & Venue 23rd August 2021, Office of the


Director, Urban Affairs Department,
Govt. of Meghalaya

24
15 Date & Time of Opening of Financial 18th October 2021
Bid
16 Validity of offer 120 days
17 Evaluation Criteria: Criteria, Sub As per RFP
criteria, for evaluation of Technical
Proposal have been prescribed
18 Method of selection As per RFP
19 Concession period 25 years

In case of any query, please contact Shri S. Shullai, Senior Architect Urban Affairs
Department, Govt. of Meghalaya, cum Mission Director PMAY-U , Ph. No. 0364-
2210037 during office hours.

INFORMATION AND GUIDELINES FOR BIDDER

1. General

Letter of transmittal and forms for deciding eligibility are given in Section
III.

All information called for, in the enclosed forms should be furnished


against the relevant columns in the forms. If for any reason, information is
furnished on a separate sheet, this fact should be mentioned against the
relevant column. Even, if no information is to be provided in a column,
a ‘nil’ or ‘no such case’ entry should be made in that column. If any
particulars/query is not applicable in case of the Bidder, it should be stated
as ‘Not applicable’. The Bidder are cautioned that not giving complete
information called for in the application forms or not giving it in clear terms
or making any change in the prescribed forms (or) deliberately suppressing
the information may result in the bid being summarily disqualified. Bid
made by telegram or telex and those received late will not be entertained.

Technical bid should be written in English. The participating Agency should


sign on each page of application, forms and documents before scanning &
uploading and to ensure proper numbering and indexing.

Corrections if any should be made by neatly crossing out, initialing, dating


and rewriting. Pages of the eligibility criteria document are numbered.
Additional Sheets if any added by the Agency should also be numbered
by him. They should be submitted as a package with signed letter of
transmittal. Over writing should be avoided.

References, information and certificate from the respective clients certifying


suitability, technical knowledge or capability of the Agency should be
signed by an authorized officer.

25
The Agency may furnish any additional information which is necessary
to establish their capabilities to successfully complete envisaged work.
The Agency is, however advised not to furnish superfluous information.
No information shall be entertained after submission of eligibility criteria
document unless it is called for by the Urban Affairs Department, Government
of Meghalaya.

If private works are shown in support of eligibility, certified copy of the


TDS shall be submitted along with the experience certificate and the TDS
amount shall tally with the actual amount of work done.

2. Final Decision Making Authority

The Government of Meghalaya reserves the right to accept or reject any bid
and to annul the process and reject all bids at any time without assigning
any reason or incurring any liability to the participating agencies.

3. Addendum/ Corrigendum

Addendum/Corrigendum to the bid documents may be issued prior to the


date of submission of the bid to clarify or effect modification in specification
and/or contract terms included in various bid documents. The Agency
shall suitably take into consideration such Addendum/Corrigendum while
submitting his bid. The Agency shall return such Addendum/Corrigendum
duly signed and stamped as confirmation of its receipt & acceptance and
submit along with the bid document. All Addendum/Corrigendum shall be
signed and stamped on each page by the Agency and shall become part of
the bid and contract documents.

4. Site Visit

It is incumbent upon the Agency to visit at his own cost, and examine it
and its surroundings to himself collect all information that is considered
necessary for proper assessment. It is expected that while bidding, the
Agency will take utmost care and diligence by visiting the sites and
collecting the required parameters necessary. In case of any discrepancies
later, Project Authority will not be held responsible. Contact details of the
nodal officer for the site are mentioned below:

< Detail of Nodal Officer to be mentioned >

5. Financial Information

Agency should furnish the following financial information:


i. Annual financial statement for the last five years in Form ‘A’ and
ii. Solvency certificate in Form ’B’

26
6. Agency should furnish the following:

List of all works of similar nature successfully undertaken during last Sev-
en years in Form ‘C’

Performance reports (corresponding to work mentioned in (Form-C) in


Form-D. If needed, the Bidder may attach a separate certificate in this
regard from performance report issuing authority.

7. Organization Information:

Agency is required to submit the information in respect of his/her/their


organization in Form- ‘E’.

7.1.1 The Agency should have sufficient number of Technical and


Administrative employees for proper execution of the contract. The
Agency should have to submit a list of these employees stating clearly
how these would be involved in this work within 15 days of award of
work.

8. Construction Plant and Equipment:

The Agency should furnish the list of construction plant and equipment
required to be used in carrying out the work.

9. Testing Equipment

The Agency shall furnish list of testing equipment to be placed at site for
routine testing of materials

10. Letter of Transmittal:

The Agency should submit the letter of transmittal attached with the
document.

27
SECTION-II

TERMS OF REFERENCE
A. Background:

1. There has been reverse migration of workers/ poor in the country due
to COVID-19 pandemic. Urban migrants/ poor consisting of workers in
manufacturing industries, domestic/ commercial establishments, health
sector, service providers, hospitality industry, construction or other such
sectors play an important role in urban economy. They come from rural
areas or small towns for seeking better employment opportunities in urban
areas. In order to maximize savings, they often compromise with living
conditions to send remittances to families left behind at their native places.
Usually, they live in slums, informal/ unauthorized colonies or peri-urban
areas to save on high rental charges. They spend lot of time on roads by
walking/ cycling to workplaces, risking their lives to cut on expenses. It also
causes drudgery/ anxiety/ psychological breakdown and health problems
because they compromise on rest, recuperation and hygiene conditions.
Provision of rental housing options closer to workplace will improve their
productivity. Therefore providing ease of living through access to dignified
affordable housing close to their workplace is an imperative.

2. Housing is one of the basic necessities of life and the same is also
espoused in Directive Principles of State Policy enshrined in Constitution
of India. A large proportion of urban migrants/ poor from all categories
may already have a house or own a piece of land in their respective place
of domicile. They may not be interested in ownership housing in urban
areas and generally look for affordable rental accommodation to save on
expenses. The affordable rental housing will promote inclusive urban
development and planned growth of slums.

3. Government of India aims to promote economic activities aligned with the


vision of ‘AatmaNirbhar Bharat’. Moving forward, Ministry of Housing
and Urban Affairs has initiated a scheme for development of Affordable
Rental Housing Complexes (ARHCs) for urban migrants/ poor under Prad-
han Mantri Awas Yojana -Urban (PMAY -U).

4. ARHCs aim at creating vibrant, sustainable and inclusive affordable rental


housing avenues for urban migrants/ poor by ‘aggregation of their demand
at a given site’. These ARHCs will provide them dignified living with all civic
amenities in proximity to their work place by utilizing existing Government
funded vacant houses in cities by converting them into ARHCs under Pub-
lic Private Partnership (PPP) mode or by Public agencies.

5. Targeted tenants for ARHCs will be urban migrants/ poor from Economi-
cally Weaker Section (EWS)/ Low Income Group (LIG). They include labour,
urban poor (street vendors, rickshaw pullers, other service providers etc.),
industrial workers, and migrants working with market/ trade associations,

28
educational / health institutions, hospitality sector, long term tourists /
visitors, students or any other persons of such category. Preference un-
der the Scheme shall be given to persons belonging to Scheduled Castes/
Scheduled Tribes/Other Backward Classes, Widows and working Women,
Divyang, Minorities, subject to tenants being from EWS/LIG segments as
provisioned by the Government.

6. As a part of this endeavour, the State/UT Govt. intends to under -


take convert exiting Government funded vacant Houses at
Nongmynsong, Shillong- East Khasi Hills District Meghalaya
constructed under AHP into ARHCs. Accordingly, The Urban Affairs
Department is the inviting Agencies, either as single entity or as
Consortium, to take up the project on Retrofit/Repair, Develop,
Operate, Transfer (RDOT) mode.

B. ARHC scheme brief

1. Agency selected (to be called as Concessionaire) will Repair/Retrofit the


existing building and ensure all civic infrastructure gaps like water, sew-
er/ septage, sanitation, internal road etc to make these livable. Thereafter,
these will be Developed as ARHCs and Operated for concession period of
25 years and on completion of the agreement period, the complexes will be
Transferred back to concerned ULB in the livable condition.

2. Necessary Social Infrastructure (e.g. health centre, anganwadi, creche,


community centres etc.) and Neighbourhood Commercial facilities (e.g.
shops, grocery store, Medical shops, milk booths, ATM etc.) within the
campus may also be developed by Concessionaire as per the prescribed
norms/requirement of States/UTs/ULBs.

3. The local authority (to be called as ULB/Parastatals) will fix the initial af-
fordable rent of ARHCs, based on local survey. Subsequently, rent may be
enhanced biennially by maximum of 8%, subject to maximum increase of
20% in aggregate over a period of 5 years effective from the date of signing
the contract. Same mechanism shall be followed over the entire concession
period i.e. 25 years.

4. Concessionaire and tenants (including institutions) will sign a rent agree-


ment abiding to applicable rules and regulations. Tenants will abide by the
contract terms and vacate premises without any dispute. In the event that
Tenant is found indulging in any unlawful activities and fails to abide to
the terms and conditions of rent agreement, Concessionaire can evict the
tenants during the contract period.

5. In order to safeguard the interest of stakeholders and avoid conflict/com-


plication, ARHCs will be kept outside the purview of existing State Rent-
al Laws by States/UTs. ARHCs shall be governed by Model Tenancy Act
(MTA) or modification of their existing laws in the line of MTA for speedy
resolution.
29
6. Suitable grievance redressal mechanism will be set up by Concessionaire
to address the grievances in implementing this scheme from various stake-
holders.

7. ARHCs will be exclusively used for rental housing for the eligible tenants
for a minimum period of 25 years. In case, ARHCs are found being used for
any other purposes than rental, appropriate action will be taken against
the Concessionaire, as per applicable provisions/ Acts of State/UT Govt.
of Meghalaya. Further, all incentives/benefits already availed by Conces-
sionaire will be recovered with applicable interest.

C. Project details

a. Details of project assessed by ULB are as follows:

Sl. Item Details


No.
1 Name of the State/UT Meghalaya
2 Name of the City Shillong
3 Project Location Nongmynsong
4 Physical Details
4.1 No. of Blocks 4 residential, 1 commercial
4.2 No. of Floors in each Block 2 blocks G+3, 2 blocks G+2
4.3 No. of Houses in each Floor 4
4.4 Area of DU (in Sqm) a. Carpet Area 38 Sqm
b. Built up Area 44.4 Sqm
5 Physical Status of Infrastructure Status
5.1 Water Supply Yes
5.2 Sewerage No
5.3 Road Yes
5.4 Strom Water Drain Yes
5.5 External Electrification Yes
5.6 Solid Waste Management Yes
5.7 Any Other, Specify -
6 Housing Details:
6.1 No. of Vacant Houses proposed for ARHC 56 DU’s
6.2 No. of Vacant Houses need for Repair/ 56 DU’s
Retrofitting (list out items), if needed
6.2.1 Plaster 56 DU’s
6.2.2 Painting 56 DU’s
6.2.3 Doors/ windows 56 DU’s
6.2.4 Plumbing/ Hardware/ Sanitary 56 DU’s
6.2.5 Electricity 56 DU’s
6.2.6 Flooring/Tiling 56 DU’s
6.2.7 Any Other, Specify Retrofitting of exiting columns,
beams and slabs and re-erection of
walls
7 Infrastructure Details:
7.1 Internal Infrastructure – new/gap filling

30
Sl. Item Details
No.
7.1.1 Roads Gap filling
7.1.2 Drainage Gap filling
7.1.3 Electricity Gap filling
7.1.4 Storm Water Drains Gap filling
7.1.5 Any Other, Specify Gap filling
7.2 Social Infrastructure – new/gap filling (Yes/No)
7.2.1 Health center Yes
7.2.2 Anganwadi No
7.2.3 Creche No
7.2.4 Community Centre Yes
7.2.5 Any Other, Specify (if needed) -
7.3 External Infrastructure and its (Yes/No)
connectivity with internal infrastructure
7.3.1 Water Supply Yes
7.3.2 Sewerage No
7.3.3 Road Yes
7.3.4 Storm Water Drainage Yes
7.3.5 External Electrification Yes
7.3.6 Solid Waste Management Yes
7.3.7 Any Other, Specify -

As a part of this endeavour, the State/UT Govt. intends to under -take


convert exiting Government funded vacant Houses at Nongmynsong,
Shillong- East Khasi Hills District Meghalaya constructed under AHP into
ARHCs. Accordingly, The Urban Affairs Department is the inviting
Agencies, either as single entity or as Consortium, to take up the project
on Retrofit/ Repair, Develop, Operate, Transfer (RDOT) mode.

D. Scope of Work

i. Work details assessed by ULB


Following activities needs to be completed by the Concessionaire:

Component Details of work required


Housing Repair/Retrofitting of existing houses including following:
(a) Repair/ replacement of brickwork,
(b) Repair of Plasters
(c) Making openings in B/W as per directions or as required
(d) Removing of old putty and replacing with new or repairing
as decided by ULB
(e) Renewing of glass panes
(f) Fixing of tiles on floor ,wall ,dado
(g) Renewing of M.S work
(h) Cleaning and desilting of gully trap chamber
(i) Cleaning of choked sewer line
(j) Fixing of Water Closet squatting Pan along with its traps(‘S’
or ‘P’)

31
(k) Repair/ replacement of door shutters, Chowkhats
(l) Fixing of kitchen slab, sink dado as required.
(m) Repair of parapet
(n) Fixing / replacement of hinges, L drop and other hardwares
(o) Providing Water proofing treatment (from the specialized
agency) in wet areas of building including roof and below
the water tanks.
(p) Repair of staircase
(q) Fixing of Hardware, C.I. Fittings, G.I. fittings as per instruc-
tions from ULB
(r) Internal and external white washing, distempering, paint-
ing as per requirement of the building and also instructions
from the ULB
(s) Any other as may be required by ULB
Infrastructure Repair/ replacement /retrofitting of the following infrastructure
Components (within campus) components as per given specification:
a) Water Supply
b) Sewerage/ Septage
c) Storm Water Drains
d) Repairing or constructing of internal roads
e) Mechanical Work, DG set
f) Rain water harvesting
g) Development of external area which is damaged or not done
h) Repairing or constructing of boundary wall
i) External Electrical work
j) Using power saving street lights/lights is mandatory
k) Redevelopment of parks and other amenities
l) Any other as may be required by ULB
Development of a) Health Centre
Social/ b) Creche
Neighborhood c) Anganwadi
commercial d) Shops
Amenities (as e) Milk booth
per norms / f) ATM
requirement) g) Others, (ULB to specify)
NOTE: Above details are suggestive works only. However, State/UT/ Parasatals may
include or exclude any work as per project requirement.

Developing and submitting Architectural and structural design for the addi-
tional amenities based on the local soil condition, geo-climatic condition, natu-
ral hazard condition, design parameters as per relevant Indian Standards &
National Building Code or given by Project Authority; taking all approvals as
required and construction of the amenities as per approved plan and specifica-
tions and taking completion certificate. The location plan, site layout and other
related Architectural drawings of existing vacant houses is attached for refer-
ence in this document as Section-D.

ii. Operation and Maintenance of ARHCs

a) Regular Operation & Maintenance (O&M), repair, operation etc. of ARHC


shall be done by the Concessionaire as per the standard practice followed
for housing and infrastructure projects. Concessionaire shall ensure that
the complexes remain in good condition.

32
b) O & M may include the following components:

Component Details of work required


1. Preventive 1. Cleanliness of roofs, inlet of rain water pipes, Khurra, Chhajja/
Maintenance sunshade top, outlet of rain water pipes, plinth protection and
drains minimum twice a year and particularly before monsoon.
a. Cracks on gola and top of parapet
b. Cleanliness and waterproofing of mumty roof
c. Leakage from terrace tanks

2. Damage of water proofing due to installation of various services on


roof like Dish antenna, solar panels, etc or weed/vegetation.
3. Cracks on grit plaster, spilling of concrete, cladding stone coming
out of substrate etc
4. Leakages/seepages
5. Rusting of GI pipes and fittings showing seepage
6. Shafts for the leakage/seepage
7. Sagging false ceiling
8. Termite affected areas and wooden members
9. The cleaning of manholes and sewer line and checking for rain
water getting mixed in sewer lines.
10. Damaged cables & other abandoned service lines
11. Electrical systems like main boards etc. should be checked
annually.
12. Fire services particularly during hot weather and assessment of
electric load due to additional services installed
13. Whether unprotected heaters in use likely to cause fire inside
14. Annual Maintenance
2. Day to Day a) Removing Chokage of drainage pipes,
maintenance: b) Manholes, restoration of water supply,
c) Repairs to faulty switches,
d) Watering of plants,
e) Lawn mowing, hedge cutting,
f) Street Sweeping
3. Annual Repair Annual maintenance including White washing, Colour washing,
and Maintenance Distempering, painting etc.

NOTE: Above details are not exhaustive. However, State/UT/ULBs/Parasatals may


include or exclude any work as per project requirement.

E. Payment Schedule

a. The required investment for development, operation and maintenance of AR-


HCs will be made by Concessionaire which would be recovered through rental
income during the Concession period i.e. 25 years.

b. Concession Fee:
i. In case, Concessionaire offers positive premium, it will be shared with the
ULBs as per the quoted rates. The Concessionaire will pay the Concession
Fee on a monthly basis to ULB on or before 10th day of that particular
month. The Concessionaire will not be entitled to any revision of Conces-
sion Fee during the entire contract period. The Concession Fee paid by the
Concessionaire to ULB shall be exclusive of Taxes and all Taxes shall be

33
paid over and above the Concession Fee. The payment of Taxes in respect
of the Concession Fee, the usage of the Location, operations of the ARHCs
shall be the obligation of the Concessionaire and shall be borne by the
Concessionaire at its own risk and costs.

ii. All payments towards Concession Fee, payable by the Concessionaire to


ULB, shall be by way of electronic fund transfer system to provide for real
times inter- bank payment in favour of such account as may be prescribed
by ULB from time to time. All payments towards Concession Fee, payable
by the Concessionaire to Authority, shall be in INR.

iii. Under any circumstances, Concessionaire fails to provide Concession


Fee to ULBs for consecutive three months, Concessionaire will vacate the
premises without any further delay and handover the project to ULB after
clearing all dues. In this case, PBG will be forfeited by ULB without any
prior intimation.

iv. Independent Audit Authority appointed by ULB shall conduct an inde-


pendent audit of the accounts of the Concessionaire pertaining to any one
or more of the Location(s). The Concessionaire will co-operate with the
Audit Authority and its agents in the conduct of the independent audit,
and for such purpose to provide access to the officials of Authority or its
agents to all location(s)/ Service Area(s), to allow Authority or its agents to
inspect and have access, at any time, to the books of accounts, audited/
unaudited statements, the gross sales/itemized sales reports/statements,
audit rolls maintained by the Concessionaire, receipts generated at the
electronic point of sale terminals as maintained by the Concessionaire and
any other information as may be required by Authority or its auditors for
the purpose of such independent audit.

F. Viability Gap Funding (VGF)

a. In case VGF is required, payment will be released by Urban Affairs


Department,Meghalaya on receipt of Bank Guarantee to Concessionaire
in two installments as follows:
i. 1st instalment of 80% will be released after development of ARHCs with
all housing and infrastructure component, in all respect.
ii. 2nd and final instalment of 20% will be released after operational of
ARHCs in all respect along with utilisation certificates of all earlier re-
leases with project completion report.

b. However, Concessionaire will share the Concession Fees with the ULB as
per the quoted rates.

G. Implementation Methodology

a. A dedicated Escrow account shall be opened by Concessionaire for all fi-


nancial transaction of this project. Income accrued as rent from these
projects will be kept in a separate account maintained by concerned Con-

34
cessionaire. The account shall be managed as per the prescribed account-
ing system of the Ministry of Housing and Urban Affairs, Govt. of India
(PFMS).

b. All major maintenance along with other routine and daily maintenance is-
sues arising out of normal wear and tear of items used in ARHCs will be
responsibility of concerned Concessionaire and expenditure shall be met
from revenue generated through rent.

c. All projects under this scheme will be listed as ‘ARHC Projects’ by the
Government of Meghalaya after selection of Concessionaire and the
Urban Affairs Department will award the contract after approval of State
Level Sanctioning and Monitoring Committee (hereinafter referred as
SLSMC). Details of listed ARHC project will be uploaded by the Urban
Affairs Department, Meghalaya on ARHC Website i.e.
https://www.arhc.mohua.gov.in for monitoring, information and record
of the project.

d. Once the project is Listed as ARHCs, Concessionaire will be eligible to re-


ceive the incentives/ benefits in ToR.

e. For sustained occupancy and continued revenue, Concessionaire shall


tie up with other Entities/Organizations/local industry/ manufacturers/
service providers/ educational/ health institutions/ market associations/
others employing urban migrants/ poor to provide accommodation in-
block and remit rental by deducting directly from their salary/ fees/ any
kind of remuneration, as feasible. These rental housing complexes may
also be run through partnership with Aggregators.

f. In-block allotment of ARHCs on rent to tenants will be the responsibility of


Concessionaire through an appropriate and transparent mechanism. Use
of Aadhaar or any other Govt. approved identification document of tenants
will be mandatory for allotment.

g. After completion of contract period i.e. 25 years from the date of signing of
contract, Concessionaire will hand over the ARHCs in functional and liv-
able condition (as it was during the initial rent) to Urban Affairs
Department, Meghalaya either for renewal of contract or by running
through Urban Affairs Department, Meghalaya either on its own.

h. Concessionaire shall enter into an agreement as per Annex- with Urban


Affairs Department, Meghalaya to Repair, Retrofit, Develop, Maintain and
Operate the ARHCsfor 25 years from the date of signing of contract.

i. Concessionaire shall submit an annual Schedule of works in advance for


Operation and Maintenance of work related to Housing and Infrastructure
activities of ARHCs.

j. The flowchart showing steps for implementation of ARHCs is as under:

35
Model 1
Utilizing Existing Government Funded Vacant Houses

Creation of Inventory of
vacant Projects/ Houses
by States/UTs/ULBs

Project wise estimation


for repair/retro t,
infrastructure development
by States/UTs/ULBs

Fixation of affordable rent


through Local Survey for
States/UTs/ULBs

Issuance of Request for


Proposal (RFP) by ULBs

Selection of Selection of
Concessionaire Concessionaire
based on highest with lowest negative
positive premium premium

Repair/Retro t & Gap SLSMC Approval &


lling of Infrastructure presentation to CSMC for
by Concessionaire information and record

Operation and Listing of Project by


Maintenance by State as ARHC for
Concessionaire for 25 providing incentives
years & Pro t Sharing to Concessionaire States/UTs/ULBs to
utilize funds already
released under JnNURM/
RAY projects including
Handover the project
Projects details their corresponding share
to States/UTs/ULBs
as VGF.
after contract period to be entered on
ARHC website
States/ UTs to bear
additional VGF, if needed.
ULBs to restart next
cycle like earlier or Repair /Retro t & Gap
operate the complexes lling of Infrastructure
on their own by Concessionaire

36
H. Incentives/ Benefits to the Concessionaire

a) Concessionaire shall be eligible for following incentives through Govern-


ment of India:
i. Exemption of Income Tax on any profits and gains derived from operation
of ARHCs on similar lines as that of ‘Affordable Housing’ under section 80-
IBA of Income Tax Act, 1961.
ii. Exemption of GST on any profits and gains derived from operation of AR-
HCs, at par with rental services of residential premises, vide Notification
number 12 of 2017- Central Tax (Rate) dated 28th June 2017.
iii. Project finance/loan at lower interest rate through concessional window
under Affordable Housing Fund (AHF) by Housing Finance Companies
(HFCs) and Priority Sector Lending (PSL) by Commercials Banks, upon in-
clusion of ARHCs in Harmonized Master List (HML) on the same lines of
‘Affordable Housing’.

b) Additionally, Concessionaire shall receive following benefits through


States/UTs/ULBs/Parastatals:
i. Approval of design/ drawings and other statutory approvals within 30 days
through single window system, after which proposed project will be consid-
ered as deemed approved for construction.
ii. Necessary trunk infrastructure facilities like road, sanitation services, wa-
ter, sewerage/septage, drainage, electricity etc. up to project site without
any additional cost to Concessionaire.
iii. Municipal services such as water supply, electricity, house/ property tax,
sewerage/ septage charge etc. for operation of ARHCs will be levied at par
with residential projects.

I. Requirement of Professionals:

a. Illustrative lists of professionals to be deployed by the Concessionaire at


the project site during the construction (repair/retrofit/development) pe-
riod are detailed below. ULB may revise the details as per requirement.

Sl. Key Experience Required Required


No. Professionals man power
1 Manager Over 7 to 10 years of working
experience in construction of
01
residential/ commercial/ institutional
building/Infrastructure Management.
2 MEP Engineer 05 to 07 years of working experience
as Mechanical Electrical and Plumbing 01
(MEP) Engineer.
3 Civil Engineer 03 to 05 years of working experience in
residential/commercial/institutional 02
building/Infrastructure Management.

37
b. The Concessionaire shall submit a certificate of employment of the techni-
cal representative(s)
c. Concessionaire shall place a team for O&M of ARHCs for the contract pe-
riod with following key professionals with required experience.

Sl. Key Min. Qualifications and Experience Required


No. Professionals man power
1. ARHC Over 07 years in leading/ supporting/
Manager building/ Infrastructure Management.

Preference will be given to persons with


experience of leading in monitoring and 01
implementation of large infrastructure
projects funded by the public/private
agency.
2. Account Over 03 years experience of working
Officer in accounting/ financial management.
Preference will be given to those having 01
experience in accounting package (like
Tally, Quickbooks etc.).
3. Electrician 10th Pass with diploma in electro-technical
services/ITI in electrical with at least 03 01
years of working experience.
4. Plumbers 10th pass with diploma or ITI in plumbing
services. With at least 03 years of working 01
experience.
5. Security Staff Based on requirement 06 (At least)

Note: The technical manpower required stated above are indicative only,
State/UT/ULB may like to revise as per the requirement of the project
before issuance of RFP and above indicated manpower will be deployed by
Concessionaire after start of Operation & Maintenance of ARHC project.

38
SECTION-III

TECHNICAL BID

1. TECHNICAL EVALUATION CRITERIA

The details submitted by the Agencies will be evaluated in the following


manner:-
After opening of Technical bids, a test of responsiveness will be carried
out. Only those bids, which are submitted with the required documents/
details, as per stipulated time, will be considered responsive for further
evaluation.
In the next stage, Agency’s eligibility for the project will be determined on
the basis of initial criteria prescribed in the RFP in respect of experience of
similar work experience, eligibility, solvency and financial strength etc.
Agencies qualifying the initial criteria as mentioned above, will be further
evaluated as per the criteria mentioned below by scoring method on the
basis of details furnished by the Agencies (s)-

Sl. Attributes Maximum Evaluation Criteria


No. Marks
1 Financial 30 Marks
Strength
a Average annual 20 Marks i. 60% marks for minimum eligibility cri-
turnover teria- 12 Marks
ii. 100% marks for twice the minimum
eligibility criteria- 20 Marks
In between (i) & (ii) - on pro-rata basis
b Solvency 10 Marks i. 60% marks for minimum eligibility cri-
teria- 06 Marks
ii. 100% marks for twice the minimum
eligibility criteria- 10 Marks
In between (i) & (ii) - on pro-rata basis
2. Past Experience 20 Marks (i) 60% marks for minimum eligibility cri-
in similar work teria- 12 Marks
(ii) 100% marks for twice the minimum
eligibility criteria or more - 20 Marks
In between (i) & (ii) - on pro-rata basis
3 Previous 35 Marks
Experience
a No of years of 15 Marks i. Operation & Maintenance of one simi-
operation lar work for minimum 5 years– 7.5
marks
ii. Operation & Maintenance of one simi-
lar work for minimum 5 years and oth-
er similar works for a total minimum of
10 or more years– 15 marks
In between (i) & (ii) - on pro-rata basis
b Performance of 10 marks
similar works
[Time Over Run
(TOR)]:

39
Parameter Calculation Score Maximum
for points Marks
If TOR = 1.00 2.00 3.00 >3.50
(i) Without levy of compensation 10 7.5 5 5
(ii) With levy of compensation 10 2.5 0 0 10
(iii) Levy of compensation not 10 5 0 0
Decided
TOR = AT/ST, where AT =Actual Time; ST= Stipulated Time.
Note: Marks for value in between the stages indicated above is to be determined
by straight line variation basis.
c Performance of works ( overall Quality): Maximum 10 Marks
(i) Outstanding 10 Marks
(ii) Very Good 07 Marks
(iii) Good 05 Marks
(iv) Poor 0 Marks
4 Assessment in terms of Work Plan and Methodology for Project
Implementation, Operation and Maintenance consulting capabilities: Max
15 Marks
a Work Plan and Methodology for
05 Marks
project implementation
b Technical and operating staffs,
05 Marks
existing consultation partners
c Capacity of Operation and
05 Marks
Maintenance of projects
Grand Total 100 Marks

To become eligible for shortlisting and for opening the Financial Bid, the
Bidder must secure at least 50% (Fifty percent) marks in each category
and 60% (Sixty percent) marks in aggregate.

2. FINANCIAL EVALUATION CRITERIA

Bidder who shall quote the most competitive financial bid (in terms of highest
positive premium in the form of revenue share to Urban Affairs Department,
Meghalaya will be considered for award of work. In case of negative premium,
bidder who quoteslowest requirement of Viability Gap Funding (VGF) from
Urban Affairs Department, Meghalaya and offers maximum revenue share to
the concerned Department/Agency will be considered for award of work.
However, Bidder should not quote more than 20% of the total project cost as
Viability gap Funding (VGF). In both situations, contract will be awarded to that
Bidder who will offer Highest Net Revenue Share to the ULB.

Notes:
a) VGF amount will be released by ULB against the submission of Bank
Guarantee (BG) by Concessionaire as per payment terms. Interest on BG
amount will not be paid in this situation. The quoted rates shall remain
agency and fixed during the period of the contract.
b) Total quoted occupancy shall not be considered less than 80% of the total
vacant houses of the ARHCs.
c) Concessionaire has to return the VGF amount within a period of 3 years
from the date of operation of ARHCs along with applicable interest rates.

40
LETTER OF TRANSMITTAL

From

To
………………………

Name of Work:

Sir,

Having examined details given in the RFP for the above work, I/we hereby submit the
relevant information.

1. I/We hereby certify that all the statements made and information supplied in the
enclosed Forms A to ............ and accompanying statement are true and correct.

2. I/we have furnished all information and details necessary for eligibility and have
no further pertinent information to supply.

3. I/we submit the requisite certified solvency certificate and authorize the
……………….to approach the Bank issuing the solvency certificate to conagency
the correctness thereof. I/ We also authorize ................................................ to approach
individuals, Project Authority of State/UT Government, agencies and corporation
to verify our competence, work experience, and general reputation.

I/we submit the following certificates in support of our suitability, technical knowledge
and capability for having successfully completed the following works:

Certificate

It is certified that the information given in the enclosed eligibility bid are correct. It
is also certified that I/We shall be liable to be debarred, disqualified/cancellation of
enlistment in case any information furnished by me/us found to be incorrect.

Enclosures:

Date of submission

Seal of Agency &


Signature(s)
of Agency(s)

41
FORM ‘A’

FINANCIAL INFORMATION

Name of the agency ……………………………….:

I. Financial Analysis-Details to be furnished duly supported by figures in balance


sheet/profit & loss account for the last five years duly certified and audited by
the Chartered Accountants, as submitted by the applicant to the Income Tax
Department (Copies to be attached). If latest is not available due to COVID-19
unaudited balance sheet may be considered duly signed by Chartered Accountant.
In case, in special circumstances preceding 5 years financial statement may be
considered.
Rs. in Lakh
Sl. Particulars Indicative Financial Years
No. 2015-16 2016-17 2017-18 2018-19 2019-20
i) Turnover of
similar work as
defined in para
6.2

ii) Profit/ Loss

II. Financial arrangements for carrying out the proposed work.

III. Solvency Certificate from Bankers of Agency in the prescribed Form “B”

SIGNATURE OF AGENCY(S)

Signature of Chartered Accountant with Seal

42
FORM ‘B’

FORM OF BANKERS’ SOLVENCY CERTIFICATE FROM A SCHEDULED BANK

This is to certify that to the best of our knowledge and information that Ms./ Shri
……………………………………… having marginally noted address, a customer of our
bank are/is respectable and can be treated as good for any engagement up to a limit
of Rs. ..................................... ).

This certificate is issued without any guarantee or responsibility on the bank or any
of the officers.

(Signature) For the Bank

NOTE:

i. Bankers’ certificate should be on letter head of the Bank, addressed to Project


Authority of State Government ……………….
ii. In case of partnership agency, certificate should include names of all partners
as recorded with the Bank.

43
FORM ‘C’

DETAILS OF ELIGIBLE SIMILAR NATURE OF WORKS COMPLETED IN LAST


SEVEN YEARS ENDING PREVIOUS DAY OF LAST DATE OF SUBMISSION OF
BID

Name of the agency…………………………….

S. No. Details
1. Name of work/project and location
2. Type of project: housing complexes, guest house, hotel/ hostels/any other
3. Size of project: no of rooms / houses/ dormitories/ guest rooms
4. Owner or sponsoring organization
5. Cost of work in Rs. in Lakh
6. No of Occupants
7. Date of commencement as per contract
8. Period of Operation and maintenance
9. Stipulated date of completion of repair/retrofitting/ repair/construction
10. Actual date of completion of repair/retrofitting / construction
11. *Litigation/arbitration cases pending/in progress with details
12. Name and Address (Postal & E-mail)/telephone number of officer to whom
reference may be made
13. Whether the work was done on back to back basis

Certified that the above list of works is complete and no work has been left out and
that the information given is correct to my/our knowledge and belief.

SIGNATURE OF AGENCY(S)

WITH STAMP

*indicate gross amount claimed and amount awarded by the Arbitrator

44
FORM ‘D’

PERFORMANCE REPORT OF WORKS REFERRED IN FORM-C

S. No Details
1. Name of work/Project & Location
2. Client name and address
3. Agreement No.
4. Housing Complex/ Hostel/Guest House/any other
5. Size of project: No of Rooms / dormitories
6. Estimated Cost of repair/retrofit/ construction/
Development
7. Bid Cost
8. Date of Start of repair/ retrofitting/Construction /
development
9. Date of completion of repair/retrofit/Construction
/ development
i) Stipulated Date of Completion
(as mentioned in work order)
ii) Actual Date of Completion
10. i) Whether case of levy of compensation for delay Yes/ No.
has been decided or not
ii) If decided, amount of compensation levied for
delayed completion, if any.
11. Period of Maintenance &operation
12. Details scope of work undertaken with regard to its
operation and Management
13. Performance Report
1) Overall Quality of Work Outstanding/Very
Good/Good/Poor
2) Financial Soundness Outstanding/Very
Good/ Good/Poor
3) Technical Proficiency Outstanding/Very
Good/ Good/Poor
4) Resourcefulness Outstanding/Very
Good/ Good/Poor
5) General Behavior Outstanding/Very
Good/ Good/ Poor
Competent
Dated:
Authority

Note: This certificate should be issued by the owner of the project. However, the
quality and performance shall be established by the committee constituted by Project
Authority of State/UT Government by conducting site visits to the selected project
sites as felt necessary.

45
FORM ‘E’

STRUCTURE & ORGANIZATION

S. Details
No
1. Name & Address of the Agency
2. Telephone No. /
Email id /Telex No./Fax No.
3. Legal status of the Agency (attach copies of original
document defining the legal status).
a) A Business Entity
b) A Proprietary Agency
c) A Agency in Partnership
d) A Limited Company or Corporation
e) Organization
f) Industrial Body
g) Associations
h) Institution
i) Central Govt. Organization
j) State Parastatals
4. Particulars of registration with various Government bodies (attach attested
photo-copy).
ORGANIZATION/PLACE OF REGISTRATION REGISTRATION No.
1.
2.
3.
5. Names and Titles of Directors & Officers with
designation to be concerned with this work.
6. Designation of individuals authorized to act for the
organization.
7. Has the Agency or any constituent partner in case
of partnership agency, ever abandoned the awarded
work before its completion? If so, give name of the
project and reasons for abandonment.
8. Details of supporting Staff to be employed
9. Has the Agency or any constituent partner in case of
partnership agency/limited company/ joint venture,
ever been convicted by the court of law? If so, give
details.
10. In which field of Civil Engineering Construction, the
Agency has specialization and interest?
11. Any other information considered necessary but not
included above.

46
In case of Consortium

a) The information above (1-6) should be provided for all the members of the con-
sortium
b) Information regarding role of each member should be provided as per table below:

Sl. No. Name of Member Role (specify whether lead Member or


other Member)

The following information shall also be provided for all Member of Consortium

S. No Criteria Yes No
1 Has the Applicant/ Constituent of the Consortium
been barred by [Central /State/UT] Government , or
any entity controlled by it, from participating in any
project ( BOT or otherwise)
2 If the answer to 1 is yes , does the bar exist as on date
of application
3 Has the Applicant/ constituent of the Consortium paid
liquidated damages of more than 5% (five per cent) of
the contract value in a contract due to delay or has
been penalized due to any other reason in relation to
execution of a contract, in the last three years?

A statement by the Applicant and each of the Members of its Consortium (where
applicable) disclosing material non-performance or contractual non-compliance in
past projects, contractual disputes and litigation/ arbitration in the recent past are
given below (Attach extra sheets, if necessary):

Signature of Agency(s) with stamp

47
FORM ‘F’

EMD RECEIPT FORMAT

Receipt of deposition of original Bank Guarantee as EMD

Receipt No…………*……………. /date………*……….

Name of Work:

1. RFP No:

2. Amount of Earnest Money Deposit:

i) In the form of Bank Guarantee Rs………issued by……. …. Date….(as


per Form- G)

3. Last date of submission of bid:


1. Name of Agency: .................................. #

2. Total EMD Deposited: .......................................................... #

3. Amount of EMD: ........................................ #

i) In the form of Bank Guarantee Rs………issued by…….….Date….(as


per Form- G)

4. Date of submission of EMD: .............................................#

Signature, Name and Designation of EMD receiving officer

(Along with Office stamp)

48
FORM ‘G’

FORM OF EARNEST MONEY DEPOSIT (BANK GUARANTEE BOND)

WHEREAS, Agency. ...................... (Name of Agency) (Herein after called “the Agency”)
has submitted his bid dated............. (Date) for the construction of...........................
................... (Name of work) (Herein after called “the bid”)

KNOW ALL PEOPLE by these presents that we......................................... (Name of


bank) having our registered office at................................... (Herein after called “the
Bank”) are bound unto ………..(name of office) in the sum of Rs. .........................
(Rs. in words ............................................................... ) for which payment well and truly to be
made to the said ................ (Name of beneficiary), the Bank binds itself, his successors
and assigns by these presents.

SEALED with the Common Seal of the said Bank this................. Day of.................
2. .... THE CONDITIONS of this obligation are:

(1) If after bid opening ................... of bid; the Agency withdraws, his bid during the
period of validity of bid (including extended validity of bid) specified in the
Form of Bid;
(2) If the Agency having been notified of the acceptance of his bid by the
…………………….
(a) Fails or refuses to execute the Form of Agreement in accordance with the
Instructions to Bidder, if required;
OR
(b) Fails or refuses to furnish the Performance Guarantee, in accordance with
the provisions of bid document and Instructions to Agency,

We undertake to pay to the either up to the above amount or part thereof upon receipt
of his first written demand, without the ………………… having to substantiates his
demand, provided that in his demand ………………….. will note that the amount
claimed by him is due to him owing to the occurrence of one or any of the above
conditions, specifying the occurred condition or conditions.

This Guarantee will remain in force up to and including the date * after the deadline
for submission of bid as such deadline is stated in the Instructions to Agency or as
it may be extended by the ........................................................ , notice of which extension(s)
to the Bank is hereby waived. Any demand in respect of this Guarantee should reach
the Bank not later than the above date.

DATE ............. SIGNATURE OF THE BANK

WITNESS .................. SEAL

(SIGNATURE, NAME AND ADDRESS)

*Date to be worked out on the basis of validity period of 6 months from the last date
of uploading the bid.
49
FORM ‘H’

AFFIDAVIT

(To be submitted by bidder on non-judicial stamp paper of Rs.100/(Rupees


Hundred only) duly attested by Notary Public)

Affidavit of Mr. .........................S/o............... R/o..............................................

I, the deponent above named do hereby solemnly afagency and declare as under:

1. That I am the Proprietor/Authorized signatory of M/s …………Having its Head


Office/Regd. Office at …………………
2. That the information/documents/Experience certificates submitted by
M/s……………along with the tender for ………… (Name of work)… To Project
Authority are genuine and true and nothing has been concealed.
3. I shall have no objection in case Project authority verifies them from issuing
authority (ies). I shall also have no objection in providing the original copy of the
document(s), in case Project Authority demands so for verification.
4. I hereby conagency that in case, any document, information & / or certificate
submitted by me found to be incorrect / false / fabricated, Project Authority at
its discretion may disqualify / reject / terminate the bid/contract and also forfeit
the EMD / All dues.
5. I shall have no objection in case Project Authority verifies any or all Bank
Guarantee(s) under any of the clause(s) of Contract including those issued
towards EMD and Performance Guarantee from the Zonal / Branch office of
issuing Bank and I/We shall have no right or claim on my submitted EMD before
Project Authority receives said verification.
6. That the Bank Guarantee issued against the EMD issued by (name and address of
the Bank) is genuine and if found at any stage to be incorrect / false / fabricated,
Project Authority shall reject my bid, cancel pre-qualification and debar me from
participating in any future tender for three years.
7. I hereby conagency that our agency /company is not blacklisted/ barred /banned
from tendering by Project Authority/ Central Govt./ State Govt./ UT/ ULB/
PSUs. If this information is found incorrect, Project Authority at its discretion
may disqualify / reject / terminate the bid/contract.
8. The person who has signed the tender documents is our authorized representative.
The Company is responsible for all of his acts and omissions in the tender.

I..............the Proprietor / Authorized signatory of M/s...................... do hereby conagency


that the contents of the above Affidavit are true to my knowledge and nothing has
been concealed there from. ........................ and that no part of it is false.

DEPONENT
Verified at ...........this.................day of.........
DEPONENT
ATTESTED BY (NOTARY PUBLIC)

50
FORM ‘I’

GST Registration Details of Agency

Sl. Particulars Details


No.

1 Name

2 Address (As per registration with


GST)

3 City

4 Postal Code

5 Region/State (Complete State


Name)

6 Permanent Account Number

GSTIN ID/Provisional ID No.:


7
(copy of Acknowledgement required)

8 Type of Business (As per


registration with GST)

9 Service Accounting Code/HSN


Code:

10 Contact Person

11 Phone Number and Mobile Number

12 Email ID

13 Compliance Rating (if updated by


GSTN)

51
URBAN LOCAL BODY/ STATE/ UT GOVERNMENT

Contract for Works

Name of Work:

a) To be uploaded up to……………on website: www…………

b) To be opened in the presence of agencies who may be present in the office


of the… .......................................... BID

I/We have read and examined the notice inviting bid, including all documents and
amendments up to the last date of submission of bids, clauses of contract, special
conditions, bill of quantities & other documents and rules referred to in the conditions
of contract and all other contents in the bid document for the work.

I/We hereby bid for the execution of the work specified for Project Authority of State/
UT Government within the time specified in.............viz., schedule of quantities and in
accordance in all respect with the specifications, designs, drawing and instructions
and conditions of contract given in this document.

We agree to keep the bid open for one hundred twenty (120) days from the date of
opening of technical bid and not to make any modification in its terms and conditions.

A copy of receipt of deposition of earnest money Rs….. Lakh in receipt Treasury


Challan/ Deposit at call Receipt of scheduled bank/Fixed Deposit receipt of scheduled
bank/Demand Draft or pay order or Banker’s cheque of scheduled bank/bank
guarantee issued by a scheduled bank is scanned and uploaded. If I/We, fail furnish
to the prescribed performance guarantee within prescribed period, I/We agree that
the said President of India or his successors, in office shall without prejudice to
any other right or remedy, be at liberty to forfeit the said Earnest Money absolutely.
Further, if I/We fail to commence work as specified, I/We agree that President of
India or the successors in office shall without prejudice to any other right or remedy
available in law, be at liberty to forfeit the said performance guarantee absolutely, the
said performance guarantee shall be a guarantee to execute all the works referred to
in the bid documents upon the terms and conditions contained or referred to those
in excess of that limit at the rates to be determined in accordance with the provision
contained in RFP.

Further, I/We agree that in case of forfeiture of Earnest Money or Performance


Guarantee as aforesaid, I/We shall be debarred for participation in the re-bidding
process of the work.

I/we undertake and conagency that eligible similar work(s) has/have not been got
executed through another agency on back to back basis. Further that, if such a
violation comes to the notice of Department, then I/we shall be debarred for bidding
in Project Authority of State Government in future forever. Also, if such a violation
comes to the notice of Department before date of start of work, the Competent

52
Authority shall be free to forfeit the entire amount of Earnest Money Deposited/
Performance Guarantee.

I/ We hereby declare that I/ We shall treat the bid documents drawings and other
records connected with the work as secret/ confidential documents and shall not
communicate information/ derived there from to any person other than a person to
whom I/ We am/ are authorized to communicate the same or use the information in
any manner prejudicial to the safety of the State/UT.

Dated: …………. **…………….


Signature of Agency**

Witness: **

Address: ** Postal Address **

Occupation: **

[** to be filled by Agency]

53
SECTION - 04: FINANCIAL BID (Standard Forms)

FORM FIN-1

FINANCIAL PROPOSAL SUBMISSION FORM

[Location, Date]

To:

[Name and address of State Government of...................... ]

Dear Sir:

We, the undersigned, offer to provide the services for Repair/Retrofit, Develop,
Operate & Transfer (RDOT) by converting existing Government funded vacant houses
into Affordable Rental Housing Complexes (ARHCs) for a period of 25 years in
……………….. (City Name and project location address) for State/UT Government
of ............................... (Name of State/UT) in accordance with your Request for Proposal
dated ...................2020 and our Technical Proposal. Our attached Financial Proposal is
for the sum of [Insert amount(s) in words and figures1]. This amount is inclusive of
the applicable taxes. We hereby confirm that the financial proposal is unconditional,
and we acknowledge that any condition attached to financial proposal shall result in
reject of our financial proposal. If the project is awarded to us, we agree to make the
following payments to State/UT Govt. of .................... (State/UT Name) as per the terms
given in the Request for Proposal (RFP) Document & Concession Agreement.

Our Financial Proposal shall be binding upon us up to expiration of the validity


period of the Proposal, i.e. before the date indicated in clause 7 of the Section -1 Data
Sheet.

Yours sincerely,

Authorized Signature [In full and initials]:

Name and Title of


Signatory:
Name of Agency:
Address:

54
FORM FIN-2

NAME OF WORK: Request for Proposal For selection of concessionaire for Repair/Retrofit, Develop, Operate & Transfer (RDOT) by
converting existing Government funded vacant houses into Affordable Rental Housing Complexes (ARHCs) for a period of 25 years

RFP No: …………………..

Name of Agency:…………………………..

Financial Bid

A. Construction Phase
Indicators No. of Occupancy Per unit Total Investment Amount Required Rent per Cost of Total Rental Net Income Revenue
unit ratio per year Cost of in (Rs. in crore) as VGF month O&M per Income after Sharing with
Sl.No. Retrofitting month 25 years (Rs. ULB
in crore)

1 2 3 4 5 6 7 8 9 10 11 12
55

Cost of Repair
Develop and
1
operate the
ARHCs

B. Operation & Maintenance (O&M) for 25 years

Year 1 O&M

Year 2 O&M

Year 3 O&M

Year 4 O&M

Year 5 O&M
Year 6 O& M

Year 7 O& M

Year 8 O& M

Year 9 O& M

Year 10 O& M

Year 11 O& M

Year 12 O& M

Year 13 O& M
56

Year 14 O& M

Year 15 O& M

Year 16 O& M

Year 17 O& M

Year 18 O& M

Year 19 O& M

Year 20 O& M

Year 21 O& M

Year 22 O& M
Year 23 O& M

Year 24 O& M

Year 25 O& M

Total

Notes:
a) Model Format in Excel is available at ARHC website i.e www.arhc.mohua.gov.in.
b) Figure mentioned in above table is illustrative. Figures will be filled in by the respective ULB such as Rent (Cl No-8, No of Unit (Cl NO-3)
and remaining columns shall be filled by the Bidders.

We are submitting this bid after taking into consideration all the terms and conditions stated in the RFP document, and after
careful assessment of the site, all risks and contingencies and all other conditions that may affect the financial proposal.

Yours sincerely,
57

Authorized Signature [In full and initials]:

Name and Title of Signatory:


Name of Agency:
Address:
ACCEPTANCE OF BID

The above bid (as modified by you as provided in the letters mentioned hereunder) is
accepted by me for an on behalf of Project Authority of State Government for a sum
of Rs.……………….……. (Rupee… ............................................................................ )

The letters referred to below shall form part of this contract agreement: -

(a)
(b)
(c)

For & on behalf of Project Authority of State Government

Signature ………………………………………

Designation …………………………………..

Dated: ………………………………………….

58
MEMORANDUM

Sl. Description Values/Description to be Applicable for


No. Relevant Clause(s)
1 Name of Work
2 Client/Owner
3 Type of Bid EPC
4 Earnest Money Deposit Rs……….. Lakh (Rupees ................... only)
5 Estimated Cost Rs ……. Lakh (Rupees ................... Only)
6 Time allowed for Completion Within 12 Months from the date of handing
of Work over the site and approvals.
7 Performance Guarantee 10% of contract value
8 Security Deposit / Retention 5.00% (Five Percent Only) of the contract
Money amount.
9 Time allowed for starting the The date of start of contract shall be 15
work days from the date of handing over the site
and approvals.
10 Defect Liability Period Five Years after issuance of date
of Completion Certificate by State
Government
11 Technical representatives As per Appendix-IV
required to be engaged at site

59
Appendix- I

PERFORMA FOR JOINT VENTURE AGREEMENT (JVA)

JOINT VENTURE AGREEMENT (ON NON-JUDICIAL STAMP PAPER OF


APPROPRIATE VALUE)

JOINT VENTURE AGREEMENT BETWEEN M/S …… AND M/S ................. FOR


SUCCESSFUL PERFORMANCE OF THE CONTRACT FOR …… (INSERT NAME OF
CONTRACT, BRIEF DESCRIPTION OF WORKS AND NAME OF CLIENT)

This Joint Venture Agreement executed on this ………….. day of ................. two thousand
and ……………… between M/s… ................................ a Company incorporated under the
law of ………………. And having its Registered Office at ………. (Member-1 having
more than 51% of share interest in the JV,
Herein after called the “Lead member” Which expression shall include its successors,
administrators, executors and permitted assigns) and M/s ................................... a
Company incorporated under the law of ………………… and having its Registered
Office at………………….. (hereinafter called the “Member-2” which expression
shall include its successor, administrators Executors and permitted assigns)
for the purpose of submitting a bid and entering into a Contract (in case of
award) against Bid document No………………………………… invited by PROJECT
AUTHORITY. ...........................................................................................................AND WHEREAS
The Bidding Documents stipulates that the Agency for participation in the Selection
Process may be a single entity or a Joint Venture (JV) of two entities. AND WHERAS
the bid is being submitted to the Project Authority on behalf of the JV in accordance
with the requirements of the Joint Venture criteria as stipulated in the Bid documents.
NOW THEREFORE, THIS DEED WITNESSETH AS UNDER:

1. That All the responsibilities and obligations of each of the Members delineated
in this agreement are expressly understood and agreed between the Members. The
share of Lead Member shall be ………% and share of other Member shall be ................ %
in the JV.

2. That in consideration of the Award of Contract by Project Authority to the Member-1


on behalf of JV, we the members to the JVA do hereby agree that Member-1 shall act
as lead member of the JV. The lead member is authorized to deal with the bid, make
all correspondence with Project Authority and further to sign the agreement, enter
into contract and similar such actions in respect of the bided work.
3. The lead member which shall represent the JV in all the dealings with Project
Authority shall be solely and severally responsible for performance of the entire
contract for and on behalf of any or both the members of the JV.

4. JVA shall be valid during the entire currency of the contract including the period
of extension, if any. Both the members of the JV shall remain associated with the
project till completion of the project. There shall be significant technical contribution
of both the members for the project. However, after completion of the project, lead
member shall be solely responsible for all responsibilities and liabilities of JV.

60
5. Once the bid is submitted, the JVA shall not be modified/altered/terminated during
the validity of the bid. In case any member of the JV fails to observe /comply with
this stipulation, the full Earnest Money Deposit (EMD) shall be liable to be forfeited.
Similarly, after the contract is awarded, the constitution of JV shall not be allowed to
be altered during the currency of contract. Failure to observe this stipulation shall be
deemed to be the breach of contract with all contractual consequences.

6. No member of the JV shall have the right to assign or transfer the interest right or
liability in respect of contract without the written consent of the other member and
that of Project Authority.

7. In case of any breach of this Contract committed by any of the Members of the
JVA, both the Members do hereby undertake, declare and Conagency that both the
members shall be solely and severally responsible for Performance of the works in
accordance with the terms and conditions of the NIT, for the work of
Bid Document and/or Contract and undertake to carry out
all the obligations and responsibilities under this JVA.

8. If the owner sustains any loss or damage on account of any breach of the contract,
the lead member of JV undertake to pay such loss/damages, caused to the Project
Authority on its written demand without any demur, reservation, contest or protest
in any manner whatsoever. This is without prejudice to any rights of the Project
Authority against the JV/lead member under the contract and/or guarantees.

9. We agree that this Agreement shall be without any prejudice to the various liabilities
of the JV Members including the performance security as well as other obligations of
Joint Venture members in terms of the contract.

10. The JV members will be fully governed by the terms and conditions of the contract
and shall be responsible for the quality of all the works and timely execution thereof
to meet the completion schedule under the contract.

11. This Agreement shall be construed and interpreted in accordance with the Laws of
India and the respective courts of India shall have exclusive jurisdiction to adjudicate
upon the disputes between the parties.

12. We, the JV members agree that this Agreement shall be irrevocable and shall
form an integral part of the Contract. We further agree that this agreement shall
continue to be enforceable till the successful completion of contract and till the Project
Authority discharges it.

13. On award of contract, a single Performance Bank Guarantee shall be submitted


by the lead member on behalf of JV as per bid conditions.

14. This Agreement shall not be construed as establishing or giving effect to any legal
entity such as, a company, a partnership, etc. It shall relate solely towards Project

61
Authority/the Project Authority for submission of Bid/Bid and related execution of
works to be performed pursuant to the contract and shall not extend to any other
activities.

15. That this Agreement shall be operative from the effective date of the contract.

IN WITNESS WHEREOF, the JV members through their authorized Representatives


have executed these presents and affixed common seal of their respective companies,
on the day, month and year first mentioned above.

For M/s ..................(JV - Lead Member)


Witness: 1…………………………………………….

For M/s ..................(JV - Member-2)


Witness: 1 …………………………………………….

62
Appendix-II

ESTABLISHING SITE LABORATORY AND TESTING OF MATERIALS

Equipments for conducting necessary tests shall be provided and installed at site in
the well-furnished site laboratory by the agency at its own cost to establish that the
work is being done as per contract specifications and standards.

63
Appendix-III

A SUGGESTIVE LIST OF PLANT AND EQUIPMENT AT SITE


to be provided by the Agency

The plant and equipment as required for repair/ retrofit/ construction to be provided
by Agency here.

64
SECTION 05

DESIGN & DRAWINGS AND CONDITIONS & SPECIFICATIONS OF


CIVIL AND E&M WORKS

1. General Conditions for Civil Works

The work in general shall be carried out in accordance with the CPWD
Specifications Agency(s) shall provide permanent bench marks, flag tops
and other reference points for the proper execution of work and these
shall be preserved till the end of the work. All such reference points shall
be in relation to the levels and locations, given in the Architectural and
plumbing drawings. On completion of work, the Agency(s) shall submit
four prints of “as built” drawings to the Competent Authority.
The Agency(s) should engage approved, licensed plumbers for the work and
get the materials (fixtures/fittings) tested, by the ULB wherever required.
The Agency (s) shall submit for the approval of the Competent Authority,
the nameof the plumbing Agency proposed to be engaged by him.
The Agency shall give performance test of the entire installation(s) as per the
specifications in the presence of the Competent Authority or his
authorized representative before the work is finally accepted.
The work shall be carried out in accordance with the Architectural drawings
and structural drawings approved by the Competent Authority.
Before commencement of any item of work the Concessionaire shall correlate
all the relevant architectural and structural drawings, and specifications
etc. and satisfy him that the information available is complete and
unambiguous. The Concessionaire alone shall be responsible for any loss
or damage occurring by the commencement of work he works of services
will be executedsimultaneously.
If the work is carried out in more than one shift or during night, the Agency
must take permission from the police authorities etc. The Agency shall be
responsible for the watch and ward/guard of the buildings safety, fittings
and fixtures provided by him against pilferage and breakage during the
period of installations and thereafter till the building is physically handed
over to the department. Sample of building materials, fittings and other
articles required for execution of work shall be got approved from the
Competent Authority before use in the work. The quality of samples
brought by the agency shall be judged by standards laid down in the
relevant CPWD/BIS specifications. All materials and articles brought by
the agency to the site for use shall conform to the samples approved by
the Competent Authority which shall be preserved till the completion of
the work.
BIS marked materials except otherwise specified shall be subjected to quality
test at the discretion of the Competent Authority besides testing of other
materials as per the specifications described for the item/material.
Wherever BIS marked materials are brought to the site of work, the
agency shall, if required, by the Competent Authority, furnish
manufacturer’s test certificate or test certificate from approved testing
laboratory to establish that the material/ procured by the agency for
incorporation in the work satisfies the provisions of

65
specifications/BIS codes relevant to the material and/or the work done.
The Concessionaire shall procure the required materials in advance so that
there is sufficient time to testing of the materials and clearance of the
same before use in the work. The Concessionaire shall provide at his own
cost suitable weighing and measuring arrangements at site for checking
the weight/dimensions as may be necessary for execution of work.
Regarding testing of civil & electrical materials, the testing of materials shall be
conducted in Govt. Laboratory/Govt. colleges/IITs/NITs or from the
laboratory approved by Competent Authority, as required. The charges of
testing of materials in approved laboratory shall be borne by the agency.
Agency shall submit minimum “Quality Assurance” plan within 45 days after
award of work which shall be consisting of:
Lot size, number of required tests and frequency of testing. While
deciding these criteria CPWD specifications &provisions of BIS Code and
standard practices may be referred. Volume of work, practical difficulties
and site conditions etc. may also be kept in view. The lot size, number of
tests and frequencies of testing can be altered or modified by the
Competent Authority from the prescribed limits.
Should clearly indicate the machinery and other Tool & plants re-
quired to be deployed at site by the Receipt of Material, testing of the same
&maintenance of Register of Tests.
All the registers of tests carried out at construction site or in out- side
laboratories shall be maintained by the Concessionaire, which may be
inspected by Competent Authority or his/her designee at anypoint of time.
All the test in field lab setup at construction site shall be carried out
by the Quality control team to be engaged by the agency which can be
witnessed by Competent Authority or his/her design. All the entries in
the registers will be made by the designated Engineering Staff of the
agency.
Agency shall be responsible for safe custody of all the test registers.

Method Statement

The Agency shall submit a ‘Methods statement’ for each important activity for the
approval of the Competent Authority soon after the award of work to him. The
‘Methods statement’ is a statement by which the construction procedures for
any activity of construction are formulated and stated in chronological order.
The ‘Methods statement’, should have a description of the item with elaborate
procedures in steps to implement the same, the specifications of the materials
involved, their testing and acceptance criteria, equipment to be used,
Precautions to be taken, steps of measurement, etc. Further ULB has the right
to modify or change the ‘Method statement’ as per their own requirement and
need of the Project at any stage of project.

Conditions for environment protection

The Agency shall not store/dump construction material or debris on the

66
metal road.
The Agency shall get prior approval from Competent Authority for the
area where the construction material or debris can be stored beyond the
metal road. This area shall not cause any obstruction to the free flow of
traffic/ inconvenience to the pedestrians. It should be ensured by the
agency that no accidents occur because such permissible storage.
The Agency shall ensure that all the trucks or vehicles of any kind which
are used for construction purposes/or are carrying construction mate-
rial like material like cement, sand and other allied material are fully
covered. The agency shall take every necessary precaution that the ve-
hicles are properly cleaned and dust free to ensure that enroute their
destination, the dust, sand or any other particles are not released in
air/contaminate air.
The Agency shall provide mask to every worker working on the construc-
tion site and involved in loading, unloading and carriage of construction
material and construction debris to prevent inhalation of dust particles.
The Agency shall comply all the preventive and protective environmen- tal
steps as stated in the MoEF&CC guidelines 2010 and/ or any other
guidelines issued later on.
The Agency shall carry out on- road-inspection for black smoke generat-
ing machinery. The agency shall use cleaner fuel.
The Agency shall ensure that all DG set comply emission norms notifiedby
MoEF&CC.
The Agency shall use vehicles having pollution under control certificate.
The emissions can be reduced by a large extent by reducing the speed of a
vehicle to 20Kmph. Speed bumps shall be used to ensure speed reduc-
tion. In case where reduction speeds cannot effectively reduce fugitive
dust, the agency shall divert traffic to nearby paved areas.
The Agency shall ensure that the construction material is covered by
tarpaulin. The Agency shall take all other precaution to ensure that no
dust particles are permitted to pollute air quality because of such stor-
age.
The paving of the path for plying of vehicles carrying construction mate-
rial is more permanent solution to dust control and suitable for longer
duration projects.
It is mandatory to use of wet jet in grinding and stone cutting.
The Agency shall take appropriate protection measures like raising wind
breakers of appropriate height on all sides of the plot/area using CGI
sheets or plastic and / or other similar material to ensure that no con-
struction material dust fly outside the plot area.
Any violation of orders of MoEF&CC including guidelines of State Gov-
ernment, SPCB or any officer of any department shall lead to stoppage of
work for which Agency shall be responsible and no hindrance shall be
accounted in this regard.

2. Specifications for Civil Works

The broad specifications for Repair/Retrofitting of Dwelling Unit including

67
infrastructure of JnNURM & RAY projects are as per RFP and need to be followed
wherever applicable. As regards material cement, steel reinforcement, design mix
concrete from batching plant, RMC, water proofing, etc. and any other required
material shall be as per CPWD specifications.

3. Approved Makes

The following specification/brands names of materials to be used as listed below


wherever required or equivalent or as per the requirement of State/ULB. However,
wherever possible only approved Makes to be used. The efforts should be made by the
agency to use indigenous products. The Agency should also consider the availability
of spares parts/components for maintenance purposes while proposing any brand/
manufacturer. The materials of any other brand/manufacturer may be proposed for
use by the agency in case the brands specified below are not available in the market
and/or agency intends to use some other brand better than the brands mentioned
in this list. The alternate brand can be used only after the approval of Competent
Authority.

Note: The list given below is suggestive makes of materials and components that can
be used in RDOT model. However, State/UT Government may finalize their own list
based on availability and requirement.

Sl. No. Materials Approved make


For Civil Works
1. PPC / OPC Cement ACC / ULTRATECH / AMBUJA / JK BIRLA
2. White Cement J.K. WHITE / BIRLA WHITE / TRAVANCORE
3. Reinforcement Steel TATA / SAIL / JINDAL STEEL / RINL
4. Structural steel SAIL / TATA STEEL Ltd. /RINL AND JINDAL
sections STEEL & POWER Ltd
5. AAC block BUILTECH / MAGICRETE BUILDING SOLUTION
/ AEROCON/INDO BHUTAN CONSTRUCTION
SOLUTION
6. AAC Block Adhesive ULTRATECH / FERROUSCRETE / BAL ENDURA
7. Polymer Modified BAL ENDURA / WEBBER / MYK LATICRETE
Cementitious Grout
8. Epoxy mortar FOSROC / SIKA / CICO / LATICRETE
9. Flush doors GREEN / DURO / MERINO / MAYUR / ARCHID
/ KUTTY
10. UPVC windows/ doors ENCRAFT / ALUPLAST / REHAU / DUROPLAST
/ ventilators
11. Wooden / metal / NAVAIR / SUKRI / PROMAT / KUTTY /
glaze- fire rated door BHAWANI / PACIFIC
shutters
12. Hinges & brassware SHALIMAR/ INDO-BRASS / AMARBHOY
DOSSAJI / EARL BIHARI / MAGNUM/KICH
13. All types of glass AIS / MODIGUARD / PILKINGTON /
GLAVERBEL / SAINT GOBBIN
14. Fire-rated glass (two GLAVERBEL / SAINT GOBBIN / PYROGUARD /
hour fire rating) SHOTT
transparent clear glass

68
15. All hardware and DORMA / HAFELE / GEZEI / KICH / GODREJ
fittings for all types / ASSA-ABLOY
of glazing / doors /
windows etc.
16. Adhesives ANCHOR / DUNLOP / PIDILITE-FEVICOL
17. Stainless steel door DORMA / HAFELE / GEZE / GODREJ / KICH /
handles / locks and IPSA / ASSA-ABLOY
fittings
18. SS mesh GKD / WMW
19. Commercial ply / DURO / CENTURY / ARCHID / DURIAN
board
20. Hardware accessories INDERSOLL ROND / DORMA/ GEZE / HAFELE
for fire doors / panic / ASSA-ABLOY / KICH
bar / panic trim /
door closer / hinges /
mortise lock
21. Vitreous China Ware HINDWARE / PARRYWARE / CERA / JOHNSON
/ KEROVIT
22. RCC pipes PRAGATI / LAKSHMI / SOOD & SOOD / JAIN &
CO
23. UPVC / CPVC pipes & SUPREME / PRINCE / ASTRAL / FINOLEX /
fittings SURYA ROSHNI / ASHIRWAD
24. Stainless steel sinks NEELKANTH / NIRALI / CERA
25. Spun cast iron pipes & JAISWAL NECO/ RIF / SKF / BIC
fittings (is:3989)
26. Stoneware pipes and PERFECT / BURN / ANAND / PARRY
gully traps
27. Gunmetal valves (full ZOLOTO / CASTLE/ KARTAR
way valve) class-i
28. CI double flanged KIRLOSKAR / IVC / SONDHI / KEJRIWAL
sluice valve
29. CI manhole frame & NECO / RIF / SKF / BIC
covers and CI grating
30. sanitary CP fittings & ORIENTAL SERIES OF MARC OR EQUIVALENT
accessories SERIES OF JAQUAR / PARRYWARE / GROHE /
KOHLER
31. Floor traps JAYNA / CHILLY / NIRALI
32. PVC water tank SINTEX / POLYCON / SPL.
33. Ceramic tiles / H & R JOHNSON / SOMANY / KAJARIA / ASIAN
Vitrified Tiles (AGL)
34. Synthetic enamel paint 1st QUALITY PRODUCTS OF: ASIAN / BERGER
/ primer / distemper / ICI (DULUX) / NEROLAC
/ exterior decorative
paint
35. Wall putty / course 1st QUALITY PRODUCTS OF: BIRLA WHITE /
putty J.K WHITE / FERROUS CRETE / BERGER
36. Tile adhesive / epoxy FERROUS CRETE / BALLL ENDURA / PIDILITE
grouts / LATI CRETE
37. Pavers / grass pavers / UNISTONE / ULTRA / HINDUSTAN / K.K.
kerb stone

69
38. Building Signage HINDUSTAN SIGNAGE PVT.LTD / PR
GRAPHICS / MOTIVATTE SOLUTION / GALAXY
SIGNAGE, SIGNSUTRA
For Electrical Works
1 FRLS PVC insulated L&T / HAVEL’S / POLYCAB / FINOLEX / SKY
copper wire /Power TONE.
cable / XLPE Cable /
Telephone cable

2 Co-axial TV cable L&T / HAVEL’S / POLYCAB / FINOLEX / SKY


TONE.
3 Steel Conduit RM CON / AKG / BEC ISI MARKED.
4 PVC Conduit AKG / POLYCAB / PRINCE ISI MARKED.
5 L. T. Panel / Meter ADLECMUNDKA / ASSOCIATED SWITCHGEARS
Board AND PROJECT LTD. / SUDHIR GENSET LTD.
/ CONTROL AND SWITCHGEARS PVT. LTD /
KEPL /TRICOLITE
6 MCB/MCB DB, LEGRAND / SIEMENS / L&T / ABB /
prewired MCB DB SCHNEIDER
and sheet steel Metal
enclosed industrial
socket, plug top and
Isolators
7 Modular type switch/ LEGRAND (MYLINC / HAVEL’S (PICCADILLY) /
Socket, Telephone HONEYWELL (MIDAS) /NORTH WEST (NOVA)
socket, cable TV
Antenna socket,
Electronic fan regulator
and GI Boxes
8 LED fitting PHILIPS / CROMPTON / WIPRO / GE /
ZUMPOBEL / TRILUX
9 Ceiling Fan / Exhaust CROMPTON GREAVES / ALMONARD /
fan HAVELLS / USHA.
10 Octagonal steel pole BAJAJ/ TWINKLE / VALMART
11 Air Circuit Breaker / L&T-U POWER / SIEMENS-3WL / ABB-EMAX /
MCCB. SCHNEIDER-MASTERPACT-NW

12 Fire Extinguishers SAFEX/ MINIMEX / SUPEREX / CEASFIRE


13 Diesel operated Power CUMMINS INDIA / CATERPILLAR / PERKINS /
Generating Engine KOEL GREEN
14 Alternator STAMFORD / LEROY SOMER / CATERPILLAR /
KOEL GREEN
15 LIFTS 1. M/S OTIS
2. M/S KONE
3. M/S MITSUBISHI
4. M/S SCHINDLER
5. M/S JOHNSON LIFTS PVT. LTD. CHEN-
NAI
16 Copper Conductor BONTON / LAPP CABLE / HAVELLS / RR
Control Cable KABEL / L&T / RAJNIGANDHA
17 Communication Cable LAPP CABLE / FUSION POLYMER / BELDON
/ Signal Cable

70
18 Fire / Sprinkler Main MATHER & PLATT INDIA LIMITED / GRUNDFOS
Pump / Jockey Pump / KIRLOSKAR / KSB
19 Diesel Engine CUMMINS / KIRLOSKAR / CATEPILLAR
20 Motor ABB/ SIEMENS/ KIRLOSKAR / CROMPTON
GREAVES
21 Anti Vibration KANWAL INDUSTRIAL CORPORATION/
Mounting RESISTOFLEX / EWREN
22 Starter L&T/ SIEMENS / CROMPTON/ GE / ABB /
BCH
23 Addressable Multi NOTIFIER / SIEMENS / BOSCH / EDWARD.
criteria Smoke
Detectors With
base / Addressable
Duct Type Smoke
Detectors With base/
Fault Isolator with
base/ Addressable
Heat Detectors with
base/ Addressable
Manual Call points /
Addressable Control
Module / Addressable
Monitor Module /
Sounder/ Hooter
cum Strobe/ Fire
Alarm Control Panel/
PA System Panel/
Telephone Jack /
Hand Set/ Software/
Speaker
24 Fireman Axe/ SAFEX/ PADMINI / GETECH
Installation Control
Valve
25 2-way/4-way FBC SAFEX/ NEWAGE (MUMBAI) / GETECH
26 Window Sprinkler TYCO / HD
27 Deluge Valve SAFEX/ TYCO / HD
28 Air release valve SUPEREX/ GETECH / NEWAGE / SAFEX

ROADS

a. Internal Roads: The internal roads feeding the houses will be of 100 mm
thick RCC of not less than M25 grade over a base course of PCC not less
than M7.5 grade (100mm thick).

b. Peripheral Roads and pathways. “Providing and laying factory made cham-
fered edge Rubber Moulded concrete colored paver blocks of required strength,
thickness & size/shape, made by table vibratory method, to attain superior
smooth finish using PU or equivalent moulds, laid in required mix of colour
& pattern over 50mm thick compacted bed of coarse sand, compacting and
proper embedding / laying of inter locking paver blocks into the sand bedding
layer through vibratory compaction by using plate vibrator, filling the joints

71
with fine sand and cutting of paver blocks as per required size and pattern,
finishing and sweeping extra sand in footpath, parks, lawns, drive ways or
light traffic parking etc. all complete as per manufacturer’s specifications &
direction of Competent Authority: 80 mm thick c.c. paver block of M-30 grade
with approved colour design”.

The peripheral road, pathways and internal roads should be as per the
CPWD specifications.

WATER SUPPLY

50 mm Dia 6 Kg/cm2 UPVC including all required fitting etc. as required


including connection with existing line.

SEVERAGE SYSTEM

150 mm Dia. PVC pipe as per IS: 14333 and IS: 10910 with required size of
Manholes etc. to be provided.

RAIN WATER HARVESTING TANK

Rain Water Harvesting will be constructed as per the CPWD specifications.

EXTERNAL ELECTRIFICATION WORK

Electric Panel: As necessary for the layout Feeder Pillar Floor mounting totally
enclosed compartmentalized cubical, dust vermin proof and outdoor type with
required earthling plate and bus bar complete including connections etc.
 Providing and Laying require Electrical cable for providing electrical
supply to units, as approved.
 Providing and fixing street solar Lights as required including fixture and
ESL, as per CPWD specifications.
 Making required connections to Building and flats.
 Providing and fixing solar light connection in stair case and common
area and wherever possible.
 P/Laying XLPE insulated / P.V.C. sheathed cable of 1.1 KV grade with
armoured aluminum conductor of IS:7098-I/1554-1 approved make in
ground as per IS:1255 including excavation of 30cmx75cm size trench,
25 cm thick under layer of sand, 2nd class bricks covering, refilling
earth, compaction of earth, making necessary connection, testing etc.
as required of size.
a. 35.0 Sq.mm 3.5 core
b. 6.0 Sq.mm 2 core
c. 4.0 Sq.mm 2 Core

BOUNDARY WALL with gates

The selected agency may like to use prefabricated technology for construction of
boundary walls. Its height shall be minimum 2.1 m high and 0.6 m fencing with

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proper water proofing and drainage.
Or,
Brick / Block Masonry with R.C.C intermittent columns having grill of approved
pattern and coping of CC 1:2:4 (1 cement: 2 Coarse sand: 4 graded stone aggregate)
on top of wall with pointing as per approved drawing. Height of boundary wall shall
be minimum 2.1 Mtr. height solid walls and 0.6 Mtr fencing above solid wall to
make area secured.

4. EXTERNAL DEVELOPMENT WORKS

A. SPECIFICATIONS FOR WATER SUPPLY:

1. Scope: It includes excavation for pipes, laying of Ductile Iron pipes K-9 with
necessary fittings, sluice valves, fire hydrants, air valves with necessary brick
chambers, jointing of pipes and fittings, accessories, refilling of trenches and
testing for leakage disinfection etc. complete to the satisfaction of Competent
Authority as per approved scheme in the specified boundary / area.

2. The water line system shall be laid as per the scheme approved by local
authority. The sluice valves, fire-hydrants and air valves shall be IS marked.
Any modification in this scheme approved by the Competent Authority shall
not violate terms of contract. The work shall be executed as per latest CPWD
Specification with upto date correction slips and the relevant IS Codes shall be
followed.

3. Excavation: The work includes excavation in all types of strata. For proper
jointing of pipes and fittings the bottom of the trench and sides at the relevant
places should be sufficient for doing proper lead caulking of joints. The top of
the pipes would have at least cushion of 60 cm from the finished surface under
road beams and 1.2 M under roads or as per direction of Competent Authority.

4. Ductile Iron pipes K-9 pipes duly approved by the Competent Authority shall
be used in the work. All collar jointed/flanged/ socketed fittings shall be of
heavy class.

5. Laying: The Ductile Iron pipes K-9 shall be laid as per alignment shown in
the approved drawings. In case it is considered necessary by the Competent
Authority to alter the alignment as per site situations, so as to accommodate
laying of other services viz. storm water drain, sewerage, horticulture pipes,
and electric cables, no extra claims for the same would be entertained. While
laying the pipes, it may be ensured that these water supply pipes have a
horizontal and vertical separation of 3 meters and 0.5meter respectively from
the sewer pipes. The water line should in no case run below sewer line.

6. Jointing: Water supply pipes, fittings and specials shall be jointed together
with pig lead or flanged joints where necessary as per direction of Competent
Authority. The pig lead brought at site shall be got tested from laboratory and
only after the results are found to be satisfactory the same would be allowed

73
to be used in the work and shall remain in joint custody. The day to day
consumption of lead shall be maintained by the Junior Competent Authority
and the same would be signed by the participating agency as well. The quantity
of lead to be used in joints of pipes, fittings and specials would be as per CPWD
Specifications / IS Codes.

7. Chambers: Suitable fly ash brick chambers for housing the fire hydrants
and sluice valves shall be constructed in brick masonry with bricks of class
designation 75 in CM 1:5. The brick chambers shall have leveling course of
CC 1:5:10, the chamber shall be plastered with CM 1:3, 12mm thick with a
floating coat of neat cement. The chambers shall have RCC slab on top with
required opening for operation of valves as per MS Specifications, indicating
plate showing the positions of fire hydrants, and sluice valves also be provided.

8. Cement Concrete 1:2:4, thrusts blocks shall be provided as per CPWD


Specifications for the various fittings/accessories.

9. Disinfection/Testing: After the work has been completed the lines shall be
flushed with water containing bleaching powder @ 0.5gms/ litre of water and
cleaned with fresh water and the operation repeated 3 times till the sample of
water is approved by Municipal Laboratory.

Pipes laid shall be tested at twice the maximum allowable pressure to check
water tightness of the joints and to detect any hair cracks in the pipes. After
satisfactory completion of the work, 5 sets of completion plans, showing the
alignment of lines, location of air valves, sluice valves, fire hydrants along with.

10. The work may be inspected by officials of local municipal/statutory authority


or any other agency designated by Project Authority during execution.

11. UGR of required capacity with boosting arrangement in pump house i/c
necessary installation for supply of water in the houses as per approval accorded.
The design of UGR along with its capacity and pump house details such as
power, motor details and others shall be as per the CPWD specifications.
12. The work shall be executed as per approval accorded by local authority and
the design and drawings by Competent Authority, shall be final and binding
on the participating agency and will not be open to questions.

B. SPECIFICATION FOR SEWERAGE:

The work shall be executed as per approval accorded by local authority and the design
and drawings by Competent Authority, shall be final and binding on the participating
agency and will not be open to questions. This work shall include excavation in all
stratas, laying stone ware, RCC, NP2/NP3, S&S pipes, construction of manholes,
providing SFRC manhole covers, frames, heavy duty, foot rests with necessary brick
work in cement mortar, plaster, bed concrete and concrete up to haunches and
around the pipes wherever required.

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C. GENERAL:

1. Circular Manholes:
a) Manholes shall be provided:
(i) At starting point of each line,
(ii) At all change points,
b) Gradient, size of the pipe, alignment)
(i) At all junction points of two or more lines. Manholes should be
so spaced that each properly discharged in the direction of flow,
and maximum centre to centre spacing of manholes will be as per
prevailing Bye-laws.

2. Sizes of manholes:

S. No. For depth of manhole between Bottom diameter of


manhole
1. 0.914 m to 1.68 m 0.914 m (3’-0”)
(3’-0” to 5’-6”)
2. 1.68 m to 2.28 m 1.220 m (4’-0”)
(5’-6” to 7’-6”)
3. Beyond 2.28m 1.520 m (5’-0”)
(3’-0” to 5’-6”)

c) For depth less than 0.914 m, rectangular manholes of size 90x80 cm


shall be provided.

3. All manholes to be plastered both inside and outside with cement mortar 1:4
(1 cement: 4 coarse sand) with a floating coat of neat cement inside.

4. When sewer is being laid under sub-soil water 15cm thick stone soiling shall
be provided under concrete bedding and 23cm thick under manholes.

5. Heavy duty SFRC manhole frames and covers 560mm internal dia. will be
provided weighing 182 Kg. and to be tested as per IS: 1726 (Part-I) for heavy
duty loads. The covers shall be embossed with its year of manufacture and
work ‘SEWER’ and IS Mark.

6. Drop Connection: Normally, no sewer line shall have a drop of more than 0.610
Mtr. in any case. Wherever, the drop is more, a drop connection arrangement
shall be provided as per sketch in CPWD Specification 1996, with amendments
till date.

7. Pipes: Laying of sewerage lines shall include excavation in all types of soils,
providing and laying of RCC, S&S pipes, NP2/NP3 as specified with rubber
ring joints, testing and refilling etc., the completion of job to the satisfaction of
Competent Authority and according to the specifications prescribed.

(i) The S&S, RCC, NP-2/NP-3 pipes as per requirement / approved scheme

75
IS marked will be used, with rubber ring and cement mortar joints.

(ii) Pipes laid at a depth less than 0.910m under road berms and green
belts, and more than 4.57m shall be encased with 1:4:8 (1 cement : 4
fine sand : 8 graded stone agg. 40mm nominal size) cement concrete
15cm thick on all sides including under the pipes.

(iii) Extra excavation of at least 0.23m width in each side will be done for
proper jointing of pipes at the location of sockets.

(iv) No sewer line shall be laid within a distance of 3.25m from building line
- in case of roads. In case of service lanes / roads the sewer line shall
be laid at centre of the lanes.

(v) The minimum size of pipe to be used shall be as per approved scheme.

(vi) In case the pipe are laid under sub-soil water level, the encasement
shall be done with 1:3:6 (1 cement: 3 coarse sand: 6 graded stone agg.
40mm nominal size) instead of CC 1:4:8.

(vii) In other cases 0.15m bed encasement with 1:4:8 (1 cement : 4 fine sand :
8 graded stone agg. 40mm nominal size) cement concrete upto haunches
of pipes shall be provided, the stone ballast shall be of 40mm nominal
size for bed concrete and 20mm nominal size for around encasement
of pipe. Where cushion is less than 0.90m around encasement of pipe
with same mix will be done.

(viii) Where the invert level of the manhole is 1.22m or more below the
subsoil water level, 0.115m thick core of CC 1:2:4 (1 cement : 2 coarse
sand : 4 graded stone ballast 20mm nominal size) shall be provided
in the walls of the manhole upto 0.61m above sub-soil water level in
order to prevent in-filtration of sub-soil water level, from the sides of the
manhole shall be provided with 15cm thick 1:2:4 (1 cement : 2 coarse
sand : 4 stone agg. 20mm nominal size) RCC slab, monolithically with
the core of the wall of the manhole lean concrete of 1:5:10 (1 cement :
5 fine sand : 10 graded stone agg. 40mm nominal size) of 0.075m thick
shall be provided under the slab.

8. The sewer line laid will be subject of following three tests:


a) Smoke Test: To check the air tightness of joints.
b) Mirror Test: To check the straight alignment of pipes.
c) Disc Test: To see that lines are free of dead/set concrete/ mortar/
other blockages and lines laid are in straight line from manhole to
manhole.

9. Any other tests, if required during course of execution will be decided by the
Competent Authority and will be binding on the participating agency.

76
10. The participating agency will submit to Competent Authority adequate sets of
completion plan of sewerage system laid showing position of manholes with its
centre to centre distance dia. of lines, gradients, location of drop connections,
connecting point with ground levels and invert levels at each point within
10 days of completion of the sewerage work. The service plan (in original)
approved by the local body along with their forwarding letter be also submitted
to the Competent Authority.

11. The following gradient shall be maintained while laying the pipes:
S. No. Dia. of Pipe Slope
1. 250mm 1 in 190
2. 300mm 1 in 245
3. 350mm 1 in 300
4. 400mm 1 in 360
5. 450mm 1 in 510
6. 500mm 1 in 590

12. Crossing over Nallahs shall be done by C.I. pipe with necessary support.

13. The conditions mentioned in the approved scheme of local authority shall be
followed strictly.

C. SPECIFICATIONS FOR STORM WATER DRAINAGE:

Storm water drainage shall include excavating in all types of soils, providing and
laying brick work with FPS bricks of CD-75 in CM 1:4 (1 cement : 4 coarse sand.
Plastering of inside and top of both walls of drain shall be in CM 1:3 (1 cement : 3 fine
sand) with floating coat of neat cement and outside plastering 6” in depth both side,
CC 1:5:10 (with coarse sand) in bottom & CC 1:2:4 in channel of drain then covering
of all drains with SFRC covers of design mix M-25.

Following specifications will be used for providing underground pipe drainage in the
complex.
1. The work will be executed as per the design and layout approved by the local
municipal authority.
2. FPS bricks of CD-75 shall be used.
3. Minimum width of the drains shall be 230mm or as per CPWD specifications.
4. SFRC covers of design mix M-25 shall be provided on all the drains.
5. Any other details, if required during course of execution will be decided by the
Competent Authority and will be binding on the participating agency.

D. SPECIFICATIONS FOR ROADS, PARKINGS & PATHWAYS:

1. Construction of internal approach roads and parkings will be done as per layout
plan and standard laid down by local municipal authority. The participating
Agency will ensure that roads are developed to the dull right of way. The
required metalled width will be provided to the exact crust thickness as per
norms. The participating agency will ensure that nowhere the right of way of
roads reduces. The roads will be laid to camber longitudinal as well as cross-

77
section wise.

The job of construction of roads consists of preparation of sub-grade,


consolidation of the same, filling and compacting the earth work in embankment
under optimum moisture conditions to give at least 95% of the maximum dry
density (proctor density), supplying locally available stone and screening of
blue texture of the required laying of base and sub-base courses using binding
and blinding material and necessary rolling as per specification, brick on edge
and pre-mixing etc. The surface dressing of the berms of roads will be done
in such a fashion so as to discharge the rain water of the open areas to the
storm water pipe drainage. MORTH guidelines will be followed in case of any
omissions.

2. Surface dressing of the berms with slope towards drainage system.

3. CC 1:2:4 (1 cement : 2 coarse sand : 4 graded stone agg. 20mm nominal


size) pre-cast kerb stone fair face finish in uniform colour, of 0.30m long and
0.20m x 0.20m section as per CPWD Specifications / direction of Competent
Authority jointed with the mix 1:2 (1 cement : 2 fine sand) to be provided as
per architectural drawings.

4. Toe walls in brick masonry with bricks of class designation 75 in cement mix
1:4 for pavements/footpaths wherever necessary.

5. RCC NP2 S&S pipe joints in rubber rings and cement mortar 1:2 (1 cement :
2 fine sand) for cross drainage with gully chambers of size 50x45x60cms with
M.S. grating of size 500x450mm wherever necessary as per decision of the
Competent Authority.

6. Any other details that crop up depending upon site conditions will be decided
by the Competent Authority and will be binding on the participating agencies.

7. The specifications of CC pavement/footpath shall be as under:


a) 100mm thick CC 1:5:10 (1Cement: 5 find sand: 10 graded stone agg.
40mm nominal size)
b) 100mm thick CC 1:2:4 (1 cement: 2 coarse sand: 4 graded stone agg.
20mm nominal size) over under layer of CC 1:5:10 as per para ‘a’ above.
c) Toe wall brick masonry with FPS bricks of class designation 75 in
cement mortar 1:4 (1 cement: 4 coarse sand) to retain the edge of the
paving.

8. The work will be done as per latest CPWD Specifications with up to date
corrections. Any other width of road as per approved development plan shall
be as per prevailing norms.

9. The participating Agency shall submit to the Competent Authority, adequate


sets of completion plans for roads, paths after its completion showing right
of way of each road/path and their respective cross section within 10 days of
completion of road/path work.

78
SECTION- 06

PROJECT DEVELOPMENT AND MANAGEMENT AGREEMENT BETWEEN


CONCESSIONAIRE AND PROJECT AUTHORITY

PROJECT DEVELOPMENT AND MANGEMENT AGREEMENT

The Project Development and Management Agreement (“PDMA” or Agreement) mutually


agreed and entered into on this the day of , Two
Thousand and at Location
and address

BETWEEN

Project Authority (Address) (hereinafter referred to as the “Authority” or which


expression shall unless repugnant to the context include the administrators,
successors, successors and assigns on the First Part.

AND

a company incorporated under the Companies Act, 1956/a partnership


agency registered under the Partnership Act, 1932 / or a sole proprietorship
agency registered under the Proprietorship Act 1908 having its office at
(hereinafter referred to as the “Concessionaire”)
which expression shall repugnant to the context include the successor and permitted
assigns, on the Other Part.

The Authority and Concessionaire are collectively referred to as “Parties” and


individually as “Party”

WHEREAS,

A. Pursuant thereto, the Authority through an open, transparent and competitive


bidding process invited proposals from interested parties for the Projects by issuing
Request for Proposal (RPF) documents dated 2020 containing
inter-alia the minimum qualification criteria and the terms and conditions for
implementing the Projects

B. After Evaluating the proposals, the Authority has accepted the proposal submitted
[insert the name of the successful Agency/Consortium], as the
Successful Agency (the “Successful Agency”) and issued Letter of Award (“LOA”) No
dated [ insert the number and date issue of LOA
and the same has been acknowledged by the Successful Agency]

C. The Successful Agency has requested the Authority to accept the Concessionaire as
the Concessionaire which shall undertake and perform the obligations and exercise
the rights of the successful agency under the LOA, including the obligations to enter

79
into this Agreement pursuant to the LOA for executing the Project

D. The Authority acknowledges that the Concessionaire has submitted the following
to the Authority:

i. An irrevocable Bank Guarantee for Rs (Rupees


Only) towards Performance Security Deposit.
ii. An amount of /-(Rupees
Only) exclusive of GST if applicable being non – refundable Suc-
cess Fee by means of a demand draft bearing No
date from [name of bank]
iii. An amount of /-(Rupees
Only) exclusive of GST if any being non – refundable Project Develop-
ment Expense by means of a demand draft bearing No
date from [name of bank].

E. The Parties hereto are required to enter into an Agreement, being these presents,
to record the terms, conditions and covenants set forth hereunder.

NOW THEREFORE THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED


BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

80
ARTICLE 1- DEFINITIONS

In this Agreement, the following words and expressions shall, unless repugnant to
the context or meaning thereof, have the meaning hereinafter respectively ascribed
to them hereunder:
“Affected Party” shall mean the Party claiming to be affected by a Force Majeure
Event.
“Agreement” means this Agreement, the schedules, annexure hereto and includes
any amendments hereto made in accordance with the provisions hereof.
“Agreement Period” shall have the meaning that the period of contract i.e. 25 years.
“Applicable Law” means all laws in force and effect as of the date hereof and which
may be promulgated or brought into force and effect hereinafter in India including
judgments’, decrees, injunctions, writs or orders of any court of record, as may be in
force and effect during the subsistence of this Agreement and applicable to the Project
/ the Parties in relation to the Project.
“Applicable Permits” means all clearances, permits, authorizations, consents and
approvals required to be obtained or maintained by the respective Parties under the
Applicable Laws in connection with the repair/ retrofitting, operation, maintenance &
management of the Project during the subsistence of this Agreement.
“Appointed Date” means the date of signing of this Agreement.
“Arbitration Act” means the Arbitration and Conciliation Act, 1996 and shall include
any amendment to or any re-enactment thereof as in force from time to time.
“Book Value” shall mean the expenditure incurred for repair/retrofitting of Project
Facilities as per the books of the Developer, net of depreciation charged on the basis of
straight line method and amortized equally over the operations period, duly verified
and certified by an independent auditor in accordance with IGAAP (Indian Generally
Accepted Accounting Principles). Revaluation of the land and building shall not be
included for calculation of book value during the Agreement Period and at the end
of Agreement Period by the Developer. For the purpose of calculation of the Book
Value only the cost incurred on the repair/retrofitting of Project Facilities upto the
Commercial Operation Date shall be considered.
“Consortium” shall mean the consortium consisting of (i) , (ii)
and (iii) formed pursuant to the Joint Bidding Agreement
dated for the purpose of undertaking the Project.]
[“Consortium Member(s)” shall mean any or all of the members of Consortium and
in the event of reconstitution of the Consortium; it shall include members of such
reconstituted Consortium.]
“Due Date” means the due date for payment of Fee as set out.
“Emergency” shall mean a condition or situation that is likely to endanger the safety
of the individuals on or about the Project including the safety of the users thereof or
which poses an immediate threat of material damage to the Project.
“Encumbrance” means any encumbrance such as mortgage, charge, pledge, lien,

81
hypothecation, security interest, assignment, privilege or priority of any kind having
the effect of security or other such obligations and shall include without limitation
any designation of loss payees or tenants or any similar arrangement under any
insurance policy pertaining to the Project, physical encumbrances, claims for any
amounts due on account of taxes, cesses, electricity, water and other utility charges
and encroachments on the Project Site or Project Facilities.
“Expiry” means expiry of this Agreement by efflux of time “Expiry Date” means the
date on which Expiry occurs.
“Financing Documents” means collectively the documents evidencing Lenders’
commitment to finance the Project.
“Financial Year” means the period commencing from April 1 of any given year to
March 31 of the succeeding year.
“Fee” means the fee payable by the Developer to the Authority in accordance with
Article 7 and Schedule 1 of this Agreement.
“Force Majeure” or “Force Majeure Event” means an act, event, condition or
occurrence as specified in Article 8.
“Good Industry Practice” means the exercise of that degree of skill, diligence,
prudence and foresight in compliance with the undertakings and obligations under
this Agreement which would reasonably and ordinarily be expected of a skilled and
an experienced person engaged in the implementation, operation & management or
supervision or monitoring thereof of any of them of a project similar to that of the
Project.
“Government Agency” shall mean Government of ……., Any State/UT Government
or governmental department, commission, board, body, bureau, agency, authority,
instrumentality, court or other judicial or administrative body, central, state, or
local, having jurisdiction over the Developer, the Project or any portion thereof, or
the performance of all or any of the services or obligations of the Developer under or
pursuant to this Agreement.
“Lenders” means financial institutions, banks, funds and trustees for bond holders
or debenture holders, who have provided financial assistance to the Developer for
financing any part of the Project.
“Material Adverse Effect” means a material adverse effect on (a) the ability of
the Developer to exercise any of its rights or perform/discharge any of its duties/
obligations under and in accordance with the provisions of this Agreement and/or (b)
the legality, validity, binding nature or enforceability of this Agreement.
“Material Breach” means a breach by either Party of any of its obligations under this
Agreement which has or is likely to have a Material Adverse Effect on the Project and
which such Party shall have failed to cure.
“Performance Security” shall mean the Bank Guarantee submitted to the Authority
by the Developer for due performance of its obligations under this Agreement, in
accordance with Article 5.1.
“Person” shall mean (unless otherwise specified or required by the context), any

82
individual, company, corporation, partnership, joint venture, trust, society, sole
proprietorship, unincorporated organization, government or Government Agency or
any other legal entity.
“Preliminary Notice” means the notice of intended Termination by the Party entitled
to terminate this Agreement to the other Party setting out, inter alia, the underlying
Event of Default.
“Project” means and includes repair/retrofitting of the Project Facilities, operation,
maintenance & management thereof and transfer of the Project Facilities in accordance
with the terms and conditions of this Agreement.
“Project Facilities” means the Project Site, the existing Project Facilities on the Project
Site more fully described in the Schedule 4 and includes all the structures, fittings &
fixtures, common areas, infrastructure, all amenities/ facilities proposed to be build,
provided or procured within the Project Site by the Developer, consistent with Good
Industry Practice and the terms of this PDMA.
“Project Site means the property belonging to the Authority more fully described in
Schedule 3.
“Project Implementation Plan” shall mean the detail plan submitted by the
Developer with regard to repair/retrofitting of Project Facilities and its operation and
management thereof as per Schedule 6 of this Agreement.
“Rights” shall have the meaning ascribed thereto in Article 3.1 of this Agreement.
“Repair/ Retrofitting Period” shall mean 12 month from the date of approval of
Project Implementation Plan by the Authority.
“Tax” shall mean and includes all taxes including service tax, fees, cesses, duties
(including stamp duties), levies that may be payable by the Concessionaire for execution
of this Agreement and during the Agreement Period under Applicable Law.
“Termination” means early termination of this Agreement pursuant to Termination
Notice or otherwise in accordance with the provisions of this Agreement but shall not,
unless the context otherwise requires, include Expiry.
“Termination Date” means the date specified in the Termination Notice as the date
on which Termination occurs.
“Termination Notice” means the notice of Termination by either Party to the other
Party, in accordance with the applicable provisions of this Agreement.
“User Fee” means all charges, costs, fees, tariff and other amounts by whatever
name called, collected by the Developer from the users, pursuant to this Agreement,
for usage of the Project.

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ARTICLE 2- SCOPE OF THE PROJECT
1.1 Scope of the Project
i. Work details
Following activities needs to be complete by the Concessionaire:

Component Details of work required


Housing Repair/Retrofit of existing houses including following:
(a) Repair/ replacement of brickwork,
(b) Repair of Plasters
(c) Making openings in B/W as per directions or as required
(d) Removing of old putty and replacing with new or repairing
as decided by ULB
(e) Renewing of glass panes
(f) Fixing of tiles on floor ,wall ,dado
(g) Renewing of M.S work
(h) Cleaning and desilting of gully trap chamber
(i) Cleaning of choked sewer line
(j) Fixing of Water Closet squatting Pan along with its traps(‘S’
or ‘P’)
(k) Repair/ replacement of door shutters, Chowkhats
(l) Fixing of kitchen slab, sink dado as required.
(m) Repair of parapet
(n) Fixing / replacement of hinges, L drop and other hardwares
(o) Providing Water proofing treatment (from the specialized
agency) in wet areas of building including roof and below
the water tanks.
(p) Repair of staircase
(q) Fixing of Hardware, C.I. Fittings, G.I. fittings as per instruc-
tions from ULB
(r) Internal and external white washing, distempering, paint-
ing as per requirement of the building and also instructions
from the ULB
Infrastructure Repair/ replacement /retrofitting of the following infrastructure
Components (within campus) components as per given specification:
a) Water Supply
b) Sewerage/ Septage
c) Storm Water Drains
d) Repairing or constructing of internal roads
e) Mechanical Work, DG set
f) Rain water harvesting
g) Development of external area which is damaged or not
done
h) Repairing or constructing of boundary wall
i) External Electrical work
j) Using power saving street lights/lights is mandatory
k) Redevelopment of parks and other amenities

84
Development of a) Health Centre
Social/ b) Creche
Neighborhood c) Anganwadi
commercial d) Shops
Amenities e) Milk booth
f) ATM
g) Others, (ULB to specify)
NOTE: Above details are suggestive works only. However, State/UT/ Parasatals
may include or exclude any work as per project requirement.

Developing and submitting Architectural and structural design for the addi-
tional amenities based on the local soil condition, geo-climatic condition, natu-
ral hazard condition, design parameters as per relevant Indian Standards &
National Building Code or given by Project Authority; taking all approvals as
required and construction of the amenities as per approved plan and specifica-
tions and taking completion certificate. The location plan, site layout and other
related Architectural drawings of existing vacant houses is attached for refer-
ence in this document as Section-D.

ii. Operation and Maintenance of ARHCs

a) Regular Operation & Maintenance (O&M), repair, operation etc. of ARHC shall
be done by the Concessionaire as per the standard practice followed for hous-
ing and infrastructure projects. Concessionaire shall ensure that the com-
plexes remain in good condition.

b) O & M may include the following components:

Component Details of work required


1. Preventive 1. Cleanliness of roofs, inlet of rain water pipes, Khurra,
Maintenance Chhajja/sunshade top, outlet of rain water pipes,
plinth protection and drains minimum twice a year and
particularly before monsoon.
a. Cracks on gola and top of parapet
b. Cleanliness and waterproofing of mumty roof
c. Leakage from terrace tanks
2. Damage of water proofing due to installation of various
services on roof like Dish antenna, solar panels, etc or
weed/vegetation.
3. Cracks on grit plaster, spilling of concrete, cladding stone
coming out of substrate etc
4. Leakages/seepages
5. Rusting of GI pipes and fittings showing seepage
6. Shafts for the leakage/seepage
7. Sagging false ceiling
8. Termite affected areas and wooden members
9. The cleaning of manholes and sewer line and checking
for rain water getting mixed in sewer lines.
10. Damaged cables & other abandoned service lines

85
11. Electrical systems like main boards etc. should be
checked annually.
12. Fire services particularly during hot weather and
assessment of electric load due to additional services
installed
13. Whether unprotected heaters in use likely to cause fire
inside
14. Annual Maintenance
2. Day to Day a) Removing Chokage of drainage pipes,
maintenance: b) Manholes, restoration of water supply,
c) Repairs to faulty switches,
d) Watering of plants,
e) Lawn mowing ,hedge cutting,
f) Street Sweeping
3. Annual Repair Annual maintenance including White washing, Colour
and Maintenance washing, Distempering, painting etc.

ARTICLE 3- RIGHTS
Grant of Rights

Subject to and in accordance with the terms and conditions set forth in this
Agreement, the Authority hereby grants the following rights (the “Rights”)
and authorizes the Concessionaire:
i. To carry out surveys, for Repair/Retrofit, Develop, Operate & Transfer
(RDOT) by converting existing Government funded vacant houses into
Affordable Rental Housing Complexes (ARHCs) in accordance with this
Agreement and for this purpose it may regulate the entry into and use
of the same by 3rd parties and
ii. To exercise and/ or enjoy the rights, powers, benefits, privileges, au-
thorizations and entitlements as set forth in this Agreement including
the right to collect, retain and appropriate refund fee as fixed by Project
Authority from the users of the ARHCs during the Agreement Period.

The Concessionaire shall not lease, mortgage, assign, transfer or create any
lien or Encumbrance on the whole or any part of the Project Site or
Project Facilities, save and except as expressly permitted by this
Agreement.

Agreement Period

The tenure of the Agreement shall be for a period of 25 (Twenty five) years
commencing from the Appointed Date and ending on the Expiry Date (the
“Agreement Period”).

Provided that in the event of Termination, the Agreement Period shall mean
and be limited to the period commencing from the Appointed Date and
ending with the Termination Date.
Acceptance of Rights

In consideration of the rights, privileges and benefits conferred upon by the


Authority and other good and valuable consideration expressed herein,
the

86
ARHCs hereby accepts the Rights and agrees and undertakes to perform/
discharge all of its obligations in accordance with the provisions of this
Agreement.

Access rights to the Authority and others

The Concessionaire shall allow free access to the Project Site and Project
Facilities at all times for the authorized representatives and vehicles of
the Authority and for the persons and vehicles duly authorized by any
Govern- ment Instrumentality upon reasonable notice to inspect the
Project Site and the Project Facilities and investigate any matter within
their authority
Provided further, that to the extent such access and use allowed by the
Concessionaire affects the performance of any of its obligations
hereunder, the Concessionaire shall not be deemed or construed to be in
breach of its obligations nor shall it incur/ suffer any liability on account
thereof.

ARTICLE 4 - PROJECT SITE


Handover of Project Site
Prior to the handover of Project Site to the Concessionaire, the Authority
and the Concessionaire shall within 15 (fifteen) days from the Appointed
Date conduct joint inspection of the Project Site and agree to the exact
area and inventory of the existing facilities therein and jointly prepare
and sign a joint inspection report. The joint inspection report shall form
part of Schedule 3.
The Authority shall, within 15 (fifteen) days from the date of signing of
the joint inspection report by both the Parties handover to the Conces-
sionaire, on as-is-where-is basis, vacant and peaceful physical posses-
sion of the Project Site, free from Encumbrance and encroachment, for
the purpose of implementing the Project.
Upon handover of the Project Site, the Concessionaire shall have the
right to enter upon, use and make at its own costs such investigation
necessary or appropriate to prepare the Project Implementation Plan for
repair/retrofitting of Project Facilities on the Project Site and opera- tion
and management thereof in accordance with the provisions of this
Agreement and the Approved Project Implementation Plan.

Peaceful Possession

The Authority hereby warrants that:

A. The Project Site has been acquired through the due process of law and
belongs to and is vested with the Authority and that the Authority has
full powers to hold, dispose of and deal with the same consistent, inter
alia, with the provisions of this Agreement.
B. In the event the Concessionaire is obstructed by any Person claiming any
right, title or interest in or over the Project Site and Project Facilities or
any part thereof, or in the event of any enforcement action including any
attachment, distrait, appointment of receiver or liquidator being initiated

87
by any Person claiming to have any interest in/charge or the Project Site
and Project Facilities or any part thereof, the Authority shall, if called
upon by the Concessionaire, defend such claims and proceedings and
also keep the Concessionaire indemnified against any consequential loss
or damages which the Concessionaire may suffer, on account of any such
right, title, interest or charge.

ARTICLE 5 - OBLIGATIONS OF THE CONCESSIONAIRE

In addition to and not in derogation or substitution of any of its other obligations


under this Agreement, the Concessionaire shall have the following obligations:

Performance Security
The Concessionaire shall, for due and punctual performance of its obliga-
tions relating to the Project, simultaneously to the execution of this Agree-
ment has submitted to the Authority, an irrevocable and revolving bank
guarantee from a nationalized bank acceptable to the Authority, for a sum
of Rs. /- (Rupees only) in the form set forth in Sched-
ule 2 (the “Performance Security”). The Performance Security shall be kept
valid throughout the Agreement Period.
In case of Concessionaire Event of Default, the Authority shall, without prej-
udice to its other rights and remedies hereunder or in law, are entitled to
in cash and appropriate the relevant amounts from the Performance Secu-
rity as damages for such Concessionaire default. Upon such encashment
and appropriation from the Performance Security, the Concessionaire shall,
within 30 (thirty) days thereof, replenish, in case of partial appropriation, to
its original level of the Performance Security, and in case of appropriation
of the entire Performance Security provide a fresh Performance Security, as
the case may be, and the Concessionaire shall, within the time so granted,
replenish or furnish fresh Performance Security as aforesaid failing which
the Authority shall be entitled to terminate this Agreement in accordance
with Article 9.

Submission of Project Implementation Plan


The Concessionaire shall within 2 (two) months from the date of handover
of Project Site submit to the Authority a detailed project implementation
plan detailing out the repair/retrofitting plan, proposed facilities, provision
for appropriate and adequate lighting and ventilation devices, rain water
harvesting, landscaping, appropriate security system, waste management
system, etc operation and management of Project Facilities in conformity
to the Applicable Laws and Good Industry Practices and deployment of re-
sources, personnel etc (“Project Implementation Plan”) and make a pre-
sentation on the same to the Authority.
The Authority shall review the Project Implementation Plan for compliance
with applicable provisions of the Agreement and either approve or convey
its comments/observations, if any within 30 (thirty) days from the date of
receipt of the Project Implementation Plan by the Concessionaire. On
receipt of such comments/observation from the Authority, the
Concessionaire shall

88
within 15 (fifteen) days submit a revised Project Implementation Plan to the
Authority for its approval. After approval by the Authority, the Project Imple-
mentation Plan (“Approved Project Implementation Plan”) shall be signed
by the Parties and appended to this Agreement as Schedule 7.

If the Concessionaire is unable to submit the Project Implementation Plan


within the period of 60 (sixty) days from the date of handover of the Proj-
ect Site, it should in writing convey the reasons for non submission of the
same within the said period of 60 (sixty) days. Upon such request, the
Au- thority may for valid reasons and for reasons beyond the control of
Parties, waive the delay to submit the Approved Project Implementation
Plan and extend the date for submission of Project Implementation Plan
but not later than for a further period of 30 (thirty) days, subject to
payment of penalty amount calculated at the rate of 0.2% (zero point two
per cent) of the Perfor- mance Security for each day’s delay until the
submission of the same to the Authority. In case the Project
Implementation Plan is not submitted within the extended period of 30
(thirty) days, the Authority shall, subject to the provisions of Article 9.2,
be entitled to terminate this Agreement. The said penalty amount should
be submitted by the Concessionaire to the Author- ity in the form of
Demand Draft (DD) from any nationalized or scheduled bank in favour of
Authority

Notwithstanding any review or failure to review or the comments/observa-


tions of the Authority, the Concessionaire shall be solely responsible for
the adequacy of the Approved Project Implementation Plan and shall not
be relieved or absolved in any manner whatsoever of any of its obligations
set forth in this Agreement. The Approved Project Implementation Plan
shall besigned by the Parties and appended to this Agreement as Schedule
7.
Repair/Retrofit Obligations of the Concessionaire
The Concessionaire has the right to use the existing Project Site and
Project Facilities for repair, retrofitting and development of ARHCs

The Concessionaire shall complete the Repair/Retrofit of the Project Fa-


cilities within 12 (Twelve) months from the date of approval of the Proj-
ect Implementation Plan by the Authority. Except for reasons of a Force
Majeure Event and reasons attributable to the Authority, the Conces-
sionaire shall not be entitled to any extension of time in the Repair/
retrofitting Period.
The Concessionaire shall undertake repair/retrofitting of Project Facili-
ties in accordance with the Approved Project Implementation Plan, other
Applicable Laws and as per Good Industry Practices.
If the Concessionaire fails to complete the repair/retrofitting of Project
Facilities within 12 month (Twelve) months as stated above, unless such
failure has occurred due to Force Majeure or for reasons solely attribut-
able to the Authority, the Concessionaire should in writing convey the
reasons for non completion of the same within the said period of 12 month
(Twelve) months from the date of signing of contract. Upon such request,

89
the Authority may waive the delay and extend the date for completion of
repair/retrofitting of Project Facilities but not later than for a further pe-
riod of 60 (sixty) days, subject to payment of penalty amount calculated at
the rate of 0.2% (zero point two per cent) of the Performance Security for
each day’s delay until the completion of repair/retrofitting of Project Fa-
cilities. In case the repair/retrofitting of Project Facilities is not completed
within the extended period of 60 (sixty) days, the Authority shall, subject
to the provisions of Article 9.2, be entitled to terminate this Agreement.
The said penalty amount should be submitted by the Concessionaire to
the Authority in the form of Demand Draft (DD) from any nationalized or
scheduled bank in favour of project authority.

Upon completion of repair/retrofitting work, the Concessionaire shall re-


quest the Authority to issue the Completion Certificate.
The Concessionaire shall be entitled to operate the Project Facilities only
after Completion Certificate is obtained from the Authority. The date
of issuance of Completion Certificate shall be the commercial operation
date (“Operation Date/OD”).

Operation and Management Obligations


The Concessionaire shall ensure that the Project Facilities are opened for
usage within 7 (seven) days from the Operation Date and operate and
manage the same till the Expiry Date or the Termination Date as the case
may be.

The Concessionaire shall operate, manage & maintain the Project Site
and the Project Facilities entirely at its own cost in accordance with the
Good Industry Practice.
The Concessionaire shall from the OD and till the Expiry Date have the
sole and exclusive right to determine, revise, charge, demand, collect,
recover, retain and appropriate the User Charges at market driven rates
from Users of the Project and for the goods, services, facilities and ame-
nities etc. relating to the Project Facilities that are provided, arranged or
procured by the Concessionaire by itself.

5.4.1 The Concessionaire shall, during the Agreement Period have requisite
organization and designate and appoint suitable officers/ representa-
tives as it may deem appropriate to or operate the Project Facilities, to
deal with the Authority and be responsible for all necessary exchange of
information required pursuant to this Agreement;
Repair/Retrofit and Operation & Management Report
The Concessionaire shall, no later than 7 (seven) days after the close of
each month, furnish to the Authority a monthly repair/retrofit report on
progress of the repair/retrofit of the Project Facilities. The Concession-
aire shall also promptly give such other relevant information as may be
required by the Authority in its repair/retrofitting including the details
mentioned in Schedule 3.

90
The Concessionaire shall, no later than 7 (seven) days after the close of
each year, furnish to the Authority a yearly operation & management re-
port on progress of the operation & management of the Project Facilities.
The Concessionaire shall also promptly give such other relevant infor-
mation as may be required by the Authority in its operation & manage-
ment including the details mentioned in Schedule 3.
Environmental and Safety Compliance
The Concessionaire shall conform to the laws pertaining to environment,
health and safety aspects including, policies and guidelines related
thereto, including rainwater harvesting, energy conservation and other
such ecological/ sustainable solutions/mechanisms and conforming to
Good Industry/construction Practice for securing the safety of the us- ers
of the Project Facilities.
Alterations, Modifications or Expansion
In case of any such damages due to bad keeping of the premises of AR-
HCs, the Concessionaire shall bear all such costs related to such dam-
ages. In case the Concessionaire does not rectify the damages within the
time specified by the Authority, the Authority may rectify the said
damages and deduct the cost incurred in rectifying the damages from the
Performance Security.
General Obligations
Subject to and on the terms and conditions of this Agreement, the Con-
cessionaire shall at its own cost and expense during the Agreement
Period:
(a) Protect the Project Site and the Project Facilities from any encroach-
ments or Encumbrances, or illegal activities.
(b) Ensure that the Project Site and the Project Facilities is not used for
any activities which are prohibited under the Applicable Laws.
(c) Procure and maintain in full force and effect, as necessary, appropri-
ate proprietary rights, licenses, agreements and Applicable Permits
and keep in force in conformity with the Applicable Laws.
(d) Pay all taxes including service tax, property tax, duties (including
stamp duties) and outgoings, utility charges relating to the execution
of the Agreement; repair/retrofitting of Project Facilities and opera-
tion & management thereof.
(e) Make efforts to maintain harmony and good industrial relations
among the personnel employed in connection with the performance
of its obligations under this Agreement and shall be solely respon-
sible for compliance with all labour laws and all possible claims and
employment related liabilities of its staff employed in relation with
the Project Facilities. The Concessionaire shall indemnify the Au-
thority against any claims, damages, expenses or losses in this re-
gard and in no case the Authority shall be treated as employer;
(f) Pay all utility charges (including electricity consumption and water
supply charges) relating to the Project Facilities.

91
Specific Obligations
The Concessionaire shall erect a signboard of a size not less than 2 ft X4ft
(0.61 m x 1.22 m) and mention that the Project Site belongs to the
Authority. The said signboard should be of fire retardant, low smoke, zero
halogen material and comply with all Indian and international stan- dards
and the Concessionaire shall maintain the same in good condition
throughout the Agreement Period.
The Concessionaire shall also erect outdoor display system of a size not
less than 2 ft X 4ft adjacent to the main entrance to the Project Site and
handover the same to the Authority for promotion of ARHCs and the
Concessionaire shall maintain the same in good condition throughout
the Agreement Period. The said signboard should be of fire retardant, low
smoke, zero halogen material and comply with all Indian and inter-
national standards.
The Concessionaire shall conduct proper due diligence and police verifi-
cation while recruiting staff for the Project.
The Concessionaire shall ensure security in the Project by deploying suf-
ficient security personnel as per good industry practice.
In the event of any accident at the Project Site, the Concessionaire shall
immediately inform the concerned civil and police authorities and also
the Authority and take necessary actions.
All gold, silver, oil, minerals, precious stones, treasures, fossils, coins,
articles of value or antiquity and structures and other relics or remains or
things of geological or archeological interest discovered on the Project Site
shall be the property of the Authority. The Concessionaire shall take
reasonable precautions to prevent any person from removing or dam-
aging any such article or thing. The Concessionaire shall immediately
upon the discovery of such article or thing inform the Authority and
follow the instructions for dealing therewith that may be issued by the
Authority.
Insurance
During the Agreement Period

The Concessionaire shall at its cost and expense, purchase & maintain by
due re-instatement or otherwise, during the Repair/Retrofit of the Project
Facilities, such insurance as are necessary including but not limited to the
following:

(i) Concessionaire’s all risk insurance;


(ii) Loss, damage or destruction of the Project Facilities at replacement value;
(iii) Comprehensive third party liability insurance including injury or death
to personnel / representatives of Persons who may enter the Project Site;
(iv) Workmen’s compensation insurance;
(v) Any other insurance that may be necessary to protect the Concession-
aire, its employees and its assets against loss, damage, destruction, busi-
ness interruption or loss of profit including insurance against all Force
Majeure Events that are insurable.

92
Validity of Insurance

a. The Concessionaire shall from time to time promptly pay insurance


premium, keep the insurance policies in force and valid throughout the
Agreement Period and furnish copies thereof to the Authority.
b. If at any time the Concessionaire fails to obtain or maintain in full force
and effect any and all of the insurance required under this Agreement,
the Authority may at its option (but not being obliged to do so) obtain and
maintain such insurance and all sums incurred by the Authority thereof
shall be reimbursed by the Concessionaire to the Authority together with
interest thereon at 5% over SBI PLR from the date the respective sums
were incurred by the Authority , within 7 (seven) days from the receipt of
claim in respect thereof made by the Authority

Application of Insurance Proceeds

a. Subject to the provisions of the Financing Documents and unless otherwise


provided herein, the proceeds of all insurance policies received shall be
promptly applied by the Concessionaire towards repair, repair/retrofitting
restoration or re-instatement of the Project Facilities or any part thereof
which may have been damaged or destroyed. The Concessionaire may
designate the Lenders as the loss payees under the insurance policies or
assign the insurance policies in their favour as security for the financial
assistance provided by them to the Project. The Concessionaire shall
carry out such repair, repair/retrofitting, restoration or re-instatement
to the extent possible in such manner that the Project after such repair,
repair/retrofitting, restoration or re-instatement be as far as possible in
the same condition as it were prior to such damage or destruction,
normal wear and tear excepted.

No Breach of Obligations
The Concessionaire shall not be considered to be in breach of its obliga-
tions under this Agreement nor shall it incur or suffer any liability if and to
the extent performance of any of its obligations under this Agreement is
affected by or on account of any of the following:

i. Force Majeure Event, subject to Article 8.3 and


ii. The Authority Event of Default.
Consortium
Participating Agencies eligible for participating in the bidding process
shall be any one of the following two categories, otherwise bids will be
considered as non-responsive:
i. Category 1: Single Business Entity (Private/ Public Agency)
Or,
ii. Category 2: A consortium of Business Entities (hereinafter re-
ferred to as “Consortium”)
The term Participating Agency would herein after apply to both the
above-mentioned categories.

93
For the purpose of this RFP, the participating agency shall mean a busi-
ness Entity incorporated under the Indian Companies Act 1956/2013 or
incorporated under equivalent such laws. Participating Agency should
submit Registration/ Incorporation Certificates & GST Registration un-
der the governing legislations. The Agency shall be required to submit a
true copy of its Registration/ Incorporation Certificate along with the
Proposal.
A Consortium of a maximum of three (3) members of above such en-
tities comprising one Lead Member with two other members such as
project finance, project implementation and management etc. shall be
allowed and shall hereinafter be referred as “Consortium”.

The Participating Agency should submit a Power of Attorney authorizing


the signatory of the Bids in case of Consortium.

Bids submitted by a Consortium should comply with the following ad-


ditional requirements:

1. The number of members in the Consortium would be limited to


three (3) only;
2. The application should contain the information required from each
member;
3. The application should include a description of the roles and re-
sponsibilities of all members;
4. Members of the Consortium shall nominate one member as the
Lead Member;
5. A Participating Agency who has participated in this Bid in its in-
dividual capacity or as part of a Consortium cannot participate as
a separate agency of any other Consortium participating in this
tender;
6. The members of the Consortium shall execute a Power of Attorney
for Lead Member of Consortium.
7. The members of the Consortium shall enter into a Memorandum
of Understanding (MoU), for the purpose of submission of the bids.
The MoU should, inter alia,
i. Clearly outline the proposed roles and responsibilities of each
member of the Consortium; and
ii. Include a statement to the effect that all members of the
Consortium shall be liable jointly and severally for the
assignments arising out of the States, Union Territories (UTs)
and million plus cities, as the case may be and in accordance
with the terms of the contract agreement therefore;
iii. A copy of the MoU signed by all members should be submitted
along with the Technical Bids. MoU entered between the members
of the Consortium should contain the above requirements, failing
which the Application shall be considered non-responsive and
MoU will not be changed later on.

A Participating Agency or Consortium which has earlier been barred by

94
Project Authority or blacklisted by any State /UT Government or Cen-
tral Government/department/agency in India from participating in Bid-
ding Process, shall not be eligible to submit bids, either individually or as
member of a Consortium, if such bar subsists as on the submission due
date. The Participating Agency or Consortium shall be required to furnish
an affidavit that there is no such bar imposed and existing as on date.

A Participating Agencies declared ineligible by multilateral agencies or


Government of India or State/UT Governments and debarred from such
type activities in India shall be ineligible to submit bids. In case the Par-
ticipating agency or any member of Consortium is declared ineligible by
multilateral agencies or Government of India or State/UT Governments
during the evaluation period, then such bids shall be excluded from the
evaluation process.
A Participating agency or member of Consortium should have, during the
last three years, neither failed to perform on any agreement/con- tract,
as evidenced by imposition of a penalty or a judicial pronounce- ment or
arbitration award against the Participating Agency or member of
Consortium, nor been expelled from any project or agreement nor have
had any agreement terminated for breach by such Participating Agencies
or member of Consortium. In case the Participating Agencies or member
of Consortium during period of Empanelment/contract, fails to perform on
any agreement, as evidenced by imposition of a penalty or a judicial
pronouncement or arbitration award against the Participat- ing Agency or
member of Consortium, or been expelled from any proj- ect or agreement
or have had any agreement terminated for breach by such Participating
Agency or member of Consortium, such Participating Agency shall cease to
be selected with Project Authority.

Each participating Agency/Consortium shall submit only one proposal for the
project. Any participating Agency/Consortium, who submits or
participates in more than one proposals for the same project will be dis-
qualified.

The bid and all related correspondence and documents should be fur- nished by
the participating agency with the bid may be in any other lan- guage
provided that these are accompanied by appropriate translations of the
pertinent passages in the English language by approved/autho-
rized/licensed translator. Supporting material, which are not translated
into English, may not be considered. For the purpose of interpretation
and evaluation of the bid, English language translation shall prevail.
Participating Agency/Consortium should be profit making organization. Audited
balance sheet for the last five years may be attached with the technical
bids, otherwise bids will be rejected.
Any change in the composition of a Consortium during the term of eval- uation
process shall not be permitted after submission of bids and dur- ing the
contract period.

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6. ARTICLE 6- AUTHORITY ‘S OBLIGATIONS

In addition to and not in derogation or substitution of any of its other obli-


gations under this Agreement, the Authority shall have the following obliga-
tions:

Specific Obligations
The Authority shall grant in a timely manner all such approvals, permis-
sions and authorizations which the Concessionaire may require under this
Agreement, in connection with implementation of the Project and the
performance of its obligations. Provided where authorization for avail- ability
of utilities such as power, water, sewerage, telecommunications or any
other incidental services/utilities is required, the same shall be provided
by the Authority, within fifteen days (15) days from receipt of request from
the Concessionaire to make available such authorization.
The Authority shall subsequent to signing of joint inspection report by
both the Parties hand over to the Concessionaire, on as-is-where-is ba-sis,
vacant and peaceful physical possession of the Project Site free from
Encumbrance and encroachment, for preparation of the Project Imple-
mentation Plan and for repair/retrofitting operation and management of the
Project Facilities.
The Authority shall upon satisfactory completion of repair/retrofit of
Project Facilities on the Project Site issue a certificate of completion
(“Completion Certificate”) within 15 (fifteen) days from the date of re-
ceipt of request from the Concessionaire.

General Obligations
The Authority shall where appropriate provide necessary assistance to the
Concessionaire in securing Applicable Permits.
Observe and comply with all its obligations set forth in this Agreement.

7. ARTICLE 7 - FEE PAYMENT

Payment Schedule

a. The required investment for development, operation and maintenance


of ARHCs will be made by Concessionaire which would be recovered
through rental income during the bid period i.e. 25 years.

b. Concession Fees:

i. The positive premium offered by the Concessionaire will be shared


with the Urban Affairs Department, Govt. of Meghalaya as per the
quoted rates. The Con-cessionaire will pay the Concession Fee on a
monthly basis to ULB on or before 10th day of that particular
month. The Concessionaire will not be entitled to any revision of
Concession Fee during the en- tire contract period. The Concession
Fee paid by the Concessionaire to ULB shall be exclusive of Taxes
and all Taxes shall be paid over and above the Concession Fee.

96
The payment of Taxes in respect of the Concession Fee, the usage
of the Location, operations of the AR- HCs shall be the obligation of
the Concessionaire and shall be borne by the Concessionaire at its
own risk and costs.

ii. All payments towards Concession Fee, payable by the Concessionaire


to ULB, shall be by way of electronic fund transfer system to provide
for real times inter- bank payment in favour of such account as may
be prescribed by ULB from time to time. All payments towards Con-
cession Fee, payable by the Concessionaire to Authority, shall be in
INR.

iii. Under any circumstances, Concessionaire fails to provide Concession


Fee to ULBs for consecutive three months, Concessionaire will vacate
the premises without any further delay and handover the project to
ULB after clearing all dues. In this case, PBG will be forfeited by ULB
without any prior intimation.

iv. Independent Audit Authority appointed by ULB shall conduct an in-


dependent audit of the accounts of the Concessionaire pertaining to
any one or more of the Location(s). The Concessionaire will co-op-
erate with the Audit Authority and its agents in the conduct of the
independent audit, and for such purpose to provide access to the of-
ficials of Authority or its agents to all location(s)/ Service Area(s), to
allow Authority or its agents to inspect and have access, at any time,
to the books of accounts, audited/ unaudited statements, the gross
sales/itemized sales reports/statements, audit rolls maintained by
the Concessionaire, receipts generated at the electronic point of sale
terminals as maintained by the Concessionaire and any other infor-
mation as may be required by Authority or its auditors for the pur-
pose of such independent audit.

Viability Gap Funding (VGF)

a. In case VGF is required, payment will be released to Concessionaire in


two installments as follows:
i. 1st instalment of 80% will be released development of ARHCs with all
housing and infrastructure component, in all respect.
ii. 2nd and final instalment of 20% will be released after operational of
ARHCs in all respect along with utilisation certificates of all earlier re-
leases with project completion report.

b. However, Concessionaire will share the Concession Fees with the ULB as
per the quoted rates.

8. ARTICLE 8 - FORCE MAJEURE

Force Majeure Event

Any of the following events which are beyond the control of the Party claiming to be
affected thereby (“Affected Party”) despite exercise of due care and diligence, and
prevents the Affected Party from performing or discharging its obligations under this
Agreement, shall constitute Force Majeure Event:

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(a) Act of god or
(b) Strikes, labour disruptions, riots or any other industrial disturbances
not arising on account of the acts or omissions of the Concessionaire,
for which no offsetting compensation is payable to the Concessionaire;
(c) Acts of expropriation, compulsory takeover of the Project Site and Proj-
ect Facilities by the Government or any part thereof or
(d) Any judgment or any order of a court of competent jurisdiction or stat-
utory authority in India made against the Concessionaire in any pro-
ceedings which is non-collusive and duly prosecuted by the Conces-
sionaire.

Termination due to Force Majeure Event

(a) Termination
i. In case of an event described under Clause 8.1(a), (b) and (d), continues
or is in the reasonable judgments of the Parties likely to continue beyond
a period of 120 (one hundred and twenty) days, the Parties may mutually
decide to terminate this Agreement or continue this Agreement on mu-
tually agreed revised terms. If the Parties are unable to reach an agree-
ment in this regard, the Affected Party shall after the expiry of the said
period of 120 (one hundred and twenty) days, be entitled to terminate
this Agreement.
ii. In case of an event described in Clause 8.1 (c) and the Concessionaire
having exhausted the remedies available to him under the Applicable
Laws, has been unable to secure the remedy, the Concessionaire shall
be entitled to terminate this Agreement. Provided further, the Authority
may at its sole discretion have the option to terminate this Agreement
any time after the occurrence of any event described under Clause 8.1(c)

(b) Termination Notice


If either Party, having become entitled to do so, decides to terminate this Agreement
pursuant to the preceding Clause 8.2 (a) (i) or 8.2 (a) (ii), it shall issue Termination
Notice setting out ;
(a) In detail the underlying Force Majeure Event;
(b) The Termination Date which shall be a date occurring not earlier than 60
(sixty) days from the date of Termination Notice;
(c) The estimated Termination Payment including the details of computation
thereof and
(d) Any other relevant information.
(c) Obligation of Parties
Upon issue of Termination Notice by either Party, the Parties shall promptly take all
such steps as may be necessary or required to ensure that;
(a) The Termination Payment, if any, payable by the Authority in accordance
with the following Clause 8.2 (d) is paid to the Concessionaire on the Termi-
nation Date and,
(b) The Project Site along with the Project Facilities are handed back to the
Authority by the Concessionaire on the Termination Date free from all En-
cumbrance.

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(d) Termination Payment
Upon Termination of this Agreement due to a Force Majeure Event, Termination
Payment shall be made to the Concessionaire by the Authority in accordance with the
following:
(a) If Termination is due to a Force Majeure Event, described under Clauses
8.1(a), 8.1 (b) and 8.1 (d), no Termination Payment shall be made by the
Authority to the Concessionaire but, the Concessionaire shall be entitled to
receive and appropriate the proceeds of any amounts under its own insur-
ance policies. The Performance Security shall be released to the Conces-
sionaire, if subsisting.
(b) If Termination is due to the occurrence of any event described under Clause
8.1 (c), the Authority shall pay to the Concessionaire Termination Payment
equal to 100% of the Book Value. Provided the Authority shall be entitled
to deduct from the Termination Payment any amount due and recoverable
by the Authority from the Concessionaire as on the Termination Date and
release the Performance Security.

Liability for other losses, damages etc.

Save and except as expressly provided in this Article, neither Party hereto shall be
liable in any manner whatsoever to the other Party in respect of any loss, damage, cost,
expense, claims, demands and proceedings relating to or arising out of occurrence or
existence of any Force Majeure Event.

9. ARTICLE 9 - EVENTS OF DEFAULT AND TERMINATION

Events of Default

Event of Default means either Concessionaire Event of Default or the Authority Event
of Default or both as the context may admit or require.

(a) Concessionaire Event of Default

Any of the following events shall constitute an event of default by the Concessionaire
(“Concessionaire Event of Default”) unless such event has occurred as a result of
a Force Majeure Event or the Authority Event of Default or any governmental action
for reasons other than any breach, default or lapse on the part of the Concessionaire:
i) The Performance Security has been enchased and appropriated by the
Authority in accordance with this Agreement and the Concessionaire
fails to replenish or provide fresh Performance Security within 60 (sixty)
days;
ii) The Concessionaire has failed to make any Payment on Due Date there-
of and more than 60 days have elapsed since such default;
iii) The Concessionaire has failed to complete the repair/retrofitting within
the stipulated time period in this Agreement and any extension thereof;
iv) The Concessionaire has failed to provide additional facilities as provided
in 5.8 (e) within the stipulated time period in this Agreement and any
extension thereof;
v) The Project Facilities are damaged or modified without obtaining ap-
proval from the Authority;
vi) The Concessionaire is in Material Breach of any of its other obligations

99
under this Agreement on account of its own acts of omission or commis-
sion and the same has not been remedied for more than 60 (sixty) days;
vii) Any representation made or warranty given by the Concessionaire un-
der this Agreement is found to be false or misleading;
viii) A resolution for voluntary winding up has been passed by the share-
holders of the Concessionaire;
ix) Any petition for winding up of the Concessionaire has been admitted
and liquidator or provisional liquidator has been appointed or the Con-
cessionaire has been ordered to be wound up by Court of competent
jurisdiction, except for the purpose of amalgamation or reconstruction
with the prior consent of the Authority , provided that, as part of such
amalgamation or reconstruction and the amalgamated or reconstructed
entity has unconditionally assumed all surviving obligations of the Con-
cessionaire under this Agreement.
x) The Concessionaire has abandoned or manifests intention to abandon
the repair/retrofitting of and /or operation & management of the Proj-
ect Facilities without the prior written consent of the Authority.
xi) The Concessionaire has unlawfully repudiated this Agreement or has
otherwise expressed an intention not to be bound by this Agreement;
xii) If the Concessionaire fails to pay the necessary insurance premiums in
terms of this Agreement and thereby causes the insurance coverage to
diminish, terminate or expire.
xiii) The Concessionaire has leased, mortgaged, assigned, transferred or cre-
ated any lien or Encumbrance on the whole or any part of the Project
Site or Project Facilities, save and except as expressly permitted by this
Agreement.

(b) Authority Event of Default

Any of the following events shall constitute an event of default by the Authority
(“Authority Event of Default”), when not caused by a Concessionaire Event of Default:
i. The Authority is in Material Breach of any of its obligations under this
Agreement and has failed to cure such breach within 60 (sixty) days of re-
ceipt of notice thereof issued by the Concessionaire;
ii. The Authority has unlawfully repudiated this Agreement or otherwise ex-
pressed its intention not to be bound by this Agreement;

Termination due to Event of Default

(a) Termination due to Parties Event of Default

i. Without prejudice to any other right or remedy under this Agreement,


upon the occurrence of Event of Default, the Affected Party shall be en-
titled to terminate this Agreement by issuing a Preliminary Notice to other
Party.
ii. Within 30 days of receipt of Preliminary Notice, the other Party shall for-
ward to the Affected Party its proposal to remedy/ cure the underlying
Event of Default (the “Authority Proposal to Rectify”). In case of non
submission of the Proposal to rectify by the other Party within the period
stipulated therefore, the Affected Party shall be entitled to terminate this

100
Agreement by issuing Termination Notice.
iii. If the Proposal to Rectify is forwarded by the other Party to the Affected
Party within the period stipulated therefore, the other Party shall have
further period of 30 days to remedy/ cure the underlying Event of Default.
If, however the other Party fails to remedy/ cure the underlying Event of
Default within such further period allowed, the Affected Party shall be en-
titled to terminate this Agreement by issuing Termination Notice.

(b) Termination Notice

If a Party having become entitled to do so decides to terminate this Agreement


pursuant to the preceding Clause 9.2 (a) it shall issue Termination Notice setting out:
a) In sufficient detail the underlying Event of Default;
b) The Termination Date which shall be a date occurring not earlier than 60
days from the date of Termination Notice;
c) The estimated termination payment including the details of computation
thereof; and,
d) Any other relevant information.

(c) Obligation of Parties


Following issue of Termination Notice by either Party, the Parties shall promptly take
all such steps as may be necessary or required to ensure that;
a) Until Termination the Parties shall, to the fullest extent possible, discharge
their respective obligations so as to maintain the continued operation of the
Project Facilities;
b) The termination payment, if any, payable by the Authority in accordance
with the following Clause 9.2 (e) is paid to the Concessionaire on the Termi-
nation Date and
c) The Project Site and the Project Facilities are handed over to the Authority
by the Concessionaire on the Termination Date free from any Encumbrance
along with any payment that may be due by the Concessionaire to the Au-
thority.

(d) Withdrawal of Termination Notice

Notwithstanding anything inconsistent contained in this Agreement, if the Party who


has been served with the Termination Notice cures the underlying Event of Default
to the satisfaction of the other Party at any time before the Termination occurs, the
Termination Notice shall be withdrawn by the Party which had issued the same.

Provided that the Party in breach shall compensate the other Party for any direct
costs/consequences occasioned by the Event of Default which caused the issue of
Termination Notice.

(e) Termination Payments


i. Upon Termination of this Agreement on account of Concessionaire’s Event
of Default, the Authority shall be entitled to receive Termination Payment
equal to 2 (two) times the Fee payable by the Concessionaire as on the 2 nd
year of entering into this Agreement immediately succeeding the Termina-
tion Date and appropriate the Performance Security.
ii. Upon Termination of this Agreement on account of the Authority Event of

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Default, the Authority shall release the Performance Security, subsisting if
any.
Rights of the Authority on Termination

(a) Upon Termination of this Agreement for any reason whatsoever, the Au-
thority shall upon making the Termination Payment, if any, to the Conces-
sionaire have the power and authority to:
(i) enter upon and take possession and control of the Project Site and
Project Facilities; and
(ii) prohibit the Concessionaire and any person claiming through or un-
der the Concessionaire from entering upon/ dealing with the Project
Facilities;

(b) Notwithstanding anything contained in this Agreement, the Authority shall


not, as a consequence of Termination or otherwise, have any obligation
whatsoever including but not limited to obligations as to compensation for
loss of employment, continuance or regularization of employment, absorp-
tion or re-employment on any ground, in relation to any person in the em-
ployment of or engaged by the Concessionaire in connection with the Proj-
ect, and the handback of the Project Site along with the Project Facilities by
the Concessionaire to the Authority shall be free from any such obligation.
Accrued Rights of Parties

Notwithstanding anything to the contrary contained in this Agreement, Termination


pursuant to any of the provisions of this Agreement shall be without prejudice to
accrued rights of either Party including its right to claim and recover money damages
and other rights and remedies which it may have in law or contract. The rights and
obligations of either Party under this Agreement, including without limitation those
relating to the termination payment, shall survive the Termination but only to the
extent such survival is necessary for giving effect to such rights and obligations.

Termination on Mutual Consent

The Parties may mutually agree to terminate this Agreement at any point of time and
in such an event, the estimated Termination Payments may also be mutually agreed
by the Parties.

10. ARTICLE 10 - EXIT MANAGEMENT

Ownership
Without prejudice and subject to this Agreement, the ownership of the
Project Site along with the Project Facilities, including all improvements
made therein by the Concessionaire, shall at all-time remain that of the
Authority.

Concessionaire’s Obligations
(a) Upon the expiry of the Agreement Period by efflux of time and in the normal
course, the Concessionaire shall on the Expiry Date, hand back vacant and
peaceful possession of Project Site and the Project Facilities to the Authority
free of cost and in good operable condition.

102
(b) At least 12 months before the Expiry Date a joint inspection of the Project
Site and Project Facilities shall be undertaken by the Authority and the
Concessionaire. The Authority shall, within 45 (forty five) days of such in-
spection prepare and furnish to the Concessionaire a list of works, if any,
to be carried out so as to keep the Project Facilities in good operational
condition. The Concessionaire shall promptly undertake and complete such
works at least 4 (four) months prior to the Expiry Date and also ensure that
the Project Facilities continue to meet such requirements until the same are
handed back to the Authority on the Expiry Date.
(c) The Authority shall, within 45 (forty five) days of the joint inspection under-
taken under Clause 10.2(b) prepare and furnish to the Concessionaire a list
of items, if any, with corresponding distinctive descriptions, which are to
be compulsorily handed back to the Authority along with the Project Site
and Project Facilities.
(d) The Concessionaire hereby acknowledges Authority’s rights specified in Ar-
ticle 9.3 enforceable against it upon Termination and its corresponding ob-
ligations arising there from. The Concessionaire undertakes to comply with
and discharge promptly all such obligations.

11. ARTICLE 11 - DISPUTE RESOLUTION

Amicable Resolution

(a) Save where expressly stated to the contrary in this Agreement, any dispute,
difference or controversy of whatever nature between the Parties, howsoever
arising under, out of or in relation to this Agreement (the “Dispute”) shall in
the first instance be attempted to be resolved amicably in accordance with
the procedure set forth in Clause 11.1 (b) below.
(b) Either Party may require such Dispute to be referred to the Authority, and
the Chief Executive Officer/Director/Partner of the Concessionaire for the
time being, for amicable settlement. Upon such reference, the two shall meet
at the earliest mutual convenience and in any event within 15 days of such
reference to discuss and attempt to amicably resolve the Dispute. If the Dis-
pute is not amicably settled within 15 (fifteen) days of such meeting between
the two, either Party may refer the Dispute to arbitration in accordance with
the provisions of Article 11.2 below.

Arbitration

(a) Procedure
Subject to the provisions of Article 11.1, any Dispute which is not resolved
amicably shall be finally settled by binding arbitration under the Arbitration
and Conciliation Act, 1996.

(b) Place of Arbitration


The place of arbitration shall ordinarily be (city name) by agreement of the
Parties, the arbitration hearings, if required, may be held elsewhere.

(c) English Language


The request for arbitration, the answer to the request, the terms of reference,
any written submissions, any orders and awards shall be in English and,

103
if oral hearings take place, English shall be the language to be used in the
hearings.

(d) Enforcement of Award


The Parties agree that the decision or award resulting from arbitration
shall be final and binding upon the Parties and shall be enforceable in
accordance with the Provision of the Arbitration Act subject to the rights of
the aggrieved parties to secure relief from any higher forum.

Performance during Dispute Resolution

Pending the submission of and/or decision on a Dispute and until the


arbitral award is published; the Parties shall continue to perform their
respective obligations under this Agreement without prejudice to a final
adjustment in accordance with such award.

12. ARTICLE 12 - REPRESENTATIONS AND WARRANTIES

Representations and Warranties of the Concessionaire

The Concessionaire represents and warrants to the Authority that:


(a) It is duly organized, validly existing and in good standing under the laws of
India;
(b) it has taken all necessary corporate and other action under Applicable Laws
and its constitutional documents to authorize the execution, delivery and
performance of this Agreement;
(c) it has the financial standing and capacity to undertake the Project;
(d) this Agreement constitutes its legal, valid and binding obligation enforce-
able against it in accordance with the terms hereof;
(e) the execution, delivery and performance of this Agreement will not conflict
with, result in the breach of, constitute a default under or accelerate perfor-
mance required by any of the terms of the Concessionaire ‘s Memorandum
and Articles of Association or any Applicable Laws or any covenant, agree-
ment, understanding, decree or order to which it is a party or by which it or
any of its properties or assets are bound or affected;
(f) there are no actions, suits, proceedings or investigations pending or to the
Concessionaire’s knowledge threatened against it at law or in equity before
any court or before any other judicial, quasi judicial or other authority, the
outcome of which may constitute Concessionaire Event of Default or which
individually or in the aggregate may result in Material Adverse Effect;
(g) it has no knowledge of any violation or default with respect to any order,
writ, injunction or any decree of any court or any legally binding order of
any Government Agency which may result in Material Adverse Effect;
(h) it has complied with all Applicable Laws and has not been subject to any
fines, penalties, injunctive relief or any other civil or criminal liabilities
which in the aggregate have or may have Material Adverse Effect;
(i) subject to receipt by the Concessionaire from the Authority of any amount
due under any of the provisions of this Agreement, in the manner and to
the extent provided for under the applicable provisions of this Agreement all

104
rights and interests of the Concessionaire in and to the Project shall pass
to and vest in the Authority on the Termination Date free and clear of all
Encumbrances without any further act or deed on the part of the Conces-
sionaire or the Authority ;
(j) no representation or warranty by the Concessionaire contained herein or in
any other document furnished by it to the Authority or to any Government
Agency in relation to Applicable Permits contains or will contain any untrue
statement of material fact or omits or will omit to state a material fact neces-
sary to make such representation or warranty not misleading;
(k) Without prejudice to any express provision contained in this Agreement, the
Concessionaire acknowledges that prior to the execution of this Agreement,
the Concessionaire has after a complete and careful examination made an
independent evaluation of the Project, and the information provided by the
Authority, and has determined to its satisfaction the nature and extent of
risks and hazards as are likely to arise or may be faced by the Concession-
aire in the course of performance of its obligations hereunder.

The Concessionaire also acknowledges and hereby accepts the risk of


inadequacy, mistake or error in or relating to any of the matters set forth
above and hereby contingencies that the Authority shall not be liable for
the same in any manner whatsoever to the Concessionaire.

Representations and Warranties of the Authority

The Authority represents and warrants to the Concessionaire that:

(a) The Authority has full power and authority to grant the Project;
(b) The Authority has taken all necessary action to authorize the execu-
tion, delivery and performance of this Agreement;
(c) This Agreement constitutes the Authority ’s legal, valid and binding
obligation enforceable against it in accordance with the terms hereof;
(d) There are no suits or other legal proceedings pending or threatened
against the Authority in respect of the Project Site or the Project Fa-
cilities.

Obligation to Notify Change

In the event that any of the representations or warranties made/given by a


Party ceases to be true or stands changed, the Party who had made such
representation or given such warranty shall promptly notify the other of the
same.

13. ARTICLE 13 - MISCELLANEOUS

Assignment and Charges

The Concessionaire shall not assign in favour of any person this Agreement or the
rights, benefits and obligations hereunder save and except with prior consent of the

105
Authority.
The Concessionaire shall also not create nor shall permit to subsist any Encumbrance
over the Project except with prior consent in writing of the Authority, which consent the
Authority is entitled to decline without assigning any reason whatsoever.

Interest and Right of Set Off

Any sum which becomes payable under any of the provisions of this Agreement by
one Party to the other Party shall, if the same be not paid within the time allowed
for payment thereof, shall be deemed to be a debt owed by the Party responsible
for payment thereof to the Party entitled to receive the same. Such sum shall until
payment thereof carry interest at SBI PLR plus 5% per annum from the due date for
payment thereof until the same is paid to or otherwise realised by the Party entitled to
the same. Without prejudice to any other right or remedy that may be available under
this Agreement or otherwise under law, the Party entitled to receive such amount shall
also have the right of set off.

Provided the stipulation regarding interest for delayed payments contained in this
Article 13.2 shall neither be deemed nor construed to authorise any delay in payment
of any amount due by a Party nor be deemed or construed to be a waiver of the
underlying breach of payment obligations.

Governing Law and Jurisdiction

This Agreement shall be governed by the laws of India. The Courts at (Place of ARHCs)
shall have jurisdiction over all matters arising out of or relating to this Agreement.

Waiver

(a) Waiver by either Party of any default by the other Party in the observance and
performance of any provision of or obligations under this Agreement:
(i) Shall not operate or be construed as a waiver of any other or subsequent
default hereof or of other provisions or obligations under this Agreement;
(ii) Shall not be effective unless it is in writing and executed by a duly autho-
rized representative of such Party; and
(iii) Shall not affect the validity or enforceability of this Agreement in any man-
ner.

(b) Neither the failure by either Party to insist on any occasion upon the perfor-
mance of the terms, conditions and provisions of this Agreement or any obliga-
tion hereunder nor time or other indulgence granted by a Party to the other
Party shall be treated or deemed as waiver/breach of any terms, conditions or
provisions of this Agreement.

Survival
Termination of this Agreement

(a) shall not relieve the Concessionaire or the Authority of any obligations al-

106
ready incurred hereunder which expressly or by implication survives Termi-
nation hereof, and

(b) except as otherwise provided in any provision of this Agreement expressly


limiting the liability of either Party, shall not relieve either Party of any ob-
ligations or liabilities for loss or damage to the other Party arising out of or
caused by acts or omissions of such Party prior to the effectiveness of such
Termination or arising out of such Termination.

Amendments

This Agreement and the Schedules together constitute a complete and exclusive
understanding of the terms of the Agreement between the Parties on the subject
hereof and no amendment or modification hereto shall be valid and effective unless
agreed to by all the Parties hereto and evidenced in writing.

Notices

Unless otherwise stated, notices to be given under this Agreement including but not
limited to a notice of waiver of any term, breach of any term of this Agreement and
termination of this Agreement, shall be in writing and shall be given by hand delivery,
recognized international courier, mail, telex or facsimile transmission and delivered
or transmitted to the Parties at their respective addresses set forth below:
If to the Concessionaire:
……………………….
………………………

Or such address, telephone no and email, as may be duly notified by the respective
Parties from time to time, and shall be deemed to have been made or delivered

(i) in the case of any communication made by letter, when delivered by hand,
by recognized international courier or by mail (registered, return receipt
requested) at that address,

Severability

If for any reason whatsoever any provision of this Agreement is or becomes invalid,
illegal or unenforceable or is declared by any court of competent jurisdiction or any
other instrumentality to be invalid, illegal or unenforceable, the validity, legality or
enforceability of the remaining provisions shall not be affected in any manner, and the
Parties shall negotiate in good faith with a view to agreeing upon one or more provisions
which may be substituted for such invalid, unenforceable or illegal provisions, as
nearly as is practicable. Provided failure to agree upon any such provisions shall not
be subject to dispute resolution under this Agreement or otherwise.

No Partnership

Nothing contained in this Agreement shall be construed or interpreted as constituting

107
a partnership between the Parties. Neither Party shall have any authority to bind the
other in any manner whatsoever.

Language

All notices required to be given under this Agreement and all communications,
documentation and proceedings which are in any way relevant to this Agreement shall
be in writing and in English language.

Exclusion of Implied Warranties etc.

This Agreement expressly excludes any warranty, condition or other undertaking


implied at law or by custom or otherwise arising out of any other agreement between
the Parties and any representation by any Party not contained in a binding legal
agreement executed by the Parties.

Counterparts

This Agreement may be executed in two counterparts, each of which when executed and
delivered shall constitute an original of this Agreement but shall together constitute
one and only the Agreement.

IN WITNESS WHEREOF THE, PARTIES HAVE EXECUTED AND DELIVERED THIS


AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.

SIGNED SEALED AND DELIVERED


For and on behalf of PROJECT AUTHORITY:

(Signature) (Name) (Designation)

For and on behalf of (Concessionaire) by:

(Signature)
(Name)
(Designation)

In the presence of :

1) 2)

108
SCHEDULE 3- REPORTING REQUIREMENTS

The reporting and information that generally need to be provided by the Concessionaire
are given below. The requirements given below are indicative of the type of information
to be provided. The format of such reports, recording requirements, software standards
and number of copies required would be finalized in consultation with the Project
Authority. All reports and records shall be in the English language.

1. Monthly Repair/Retrofit – Develop – Operate- Transfer (RDOT) Report

During the Repair/ Retrofit/ Development Period, within 7 (seven) days of the end of each
month, the Concessionaire shall provide to the Authority a monthly report (Monthly
Repair/ Retrofit/ Development) containing the progress made, identify slippages if
any, and project the future activities to be undertaken (including rectifications as per
ToR).

2. Yearly Operation and Management Report

During the Agreement Period, within 7 days of the end of each year, the Concessionaire
shall provide to the Authority a yearly report on operation and management which
shall be done as per ToR.

109
SCHEDULE 4 – JOINT INSPECTION REPORT

110
SCHEDULE 5 - LETTER OF AWARD ISSUED TO THE CONCESSIONAIRE

No.
Date:

Mr
Phone: Email Id:

Dear Sir,

111
SCHEDULE 6 – FINANCIAL PROPOSAL OF THE CONCESSIONAIRE

112
SCHEDULE 7 – APPROVED PROJECT IMPLEMENTATION PLAN

Insert the Approved Project Implementation Plan with respect to the ARHCs for which
the successful bidder is entering into this agreement

Implementation Plan shall include the following:

1. Repair/ Retrofit/ Development Works

A. Housing Component

Repair/ Retrofit of housing components include following activities (actual list to be


included as suggested by Project Authority based on the requirement) with bar chart
giving time frame for execution of work:

Component Details of work required


Housing Repair/Retrofit of existing houses including following:
(a) Repair/ replacement of brickwork,
(b) Repair of Plasters
(c) Making openings in B/W as per directions or as required
(d) Removing of old putty and replacing with new or repairing
as decided by ULB
(e) Renewing of glass panes
(f) Fixing of tiles on floor ,wall ,dado
(g) Renewing of M.S work
(h) Cleaning and desilting of gully trap chamber
(i) Cleaning of choked sewer line
(j) Fixing of Water Closet squatting Pan along with its traps(‘S’
or ‘P’)
(k) Repair/ replacement of door shutters, Chowkhats
(l) Fixing of kitchen slab, sink dado as required.
(m) Repair of parapet
(n) Fixing / replacement of hinges, L drop and other hardwares
(o) Providing Water proofing treatment (from the specialized
agency) in wet areas of building including roof and below
the water tanks.
(p) Repair of staircase
(q) Fixing of Hardware, C.I. Fittings, G.I. fittings as per instruc-
tions from ULB
(r) Internal and external white washing, distempering, paint-
ing as per requirement of the building and also instructions
from the ULB

113
Infrastructure Repair/ replacement /retrofitting of the following
Components infrastructure (within campus) components as per given
specification:
a) Water Supply
b) Sewerage/ Septage
c) Storm Water Drains
d) Repairing or constructing of internal roads
e) Mechanical Work, DG set
f) Rain water harvesting
g) Development of external area which is damaged or not
done
h) Repairing or constructing of boundary wall
i) External Electrical work
j) Using power saving street lights/lights is mandatory
k) Redevelopment of parks and other amenities
Development of a) Health Centre
Social/ b) Creche
Neighborhood c) Anganwadi
commercial d) Shops
Amenities e) Milk booth
f) ATM
g) Others, (ULB to specify)
NOTE: Above details are suggestive works only. However, State/UT/ Parasatals
may include or exclude any work as per project requirement.

B. Infrastructure components

Repair/ replacement /retrofitting of the following infrastructure components as per


given specification (actual list and specification to be as suggested by the Project
Authority) with bar chart giving time frame for execution of work.

Component Details of work required

114
1. Preventive 1. Cleanliness of roofs, inlet of rain water pipes, Khurra,
Maintenance Chhajja/sunshade top, outlet of rain water pipes,
plinth protection and drains minimum twice a year and
particularly before monsoon.
a. Cracks on gola and top of parapet
b. Cleanliness and waterproofing of mumty roof
c. Leakage from terrace tanks
2. Damage of water proofing due to installation of various
services on roof like Dish antenna, solar panels, etc or
weed/vegetation.
3. Cracks on grit plaster, spilling of concrete, cladding
stone coming out of substrate etc
4. Leakages/seepages
5. Rusting of GI pipes and fittings showing seepage
6. Shafts for the leakage/seepage
7. Sagging false ceiling
8. Termite affected areas and wooden members
9. The cleaning of manholes and sewer line and checking
for rain water getting mixed in sewer lines.
10. Damaged cables & other abandoned service lines
11. Electrical systems like main boards etc. should be
checked annually.
12. Fire services particularly during hot weather and
assessment of electric load due to additional services
installed
13. Whether unprotected heaters in use likely to cause fire
inside
14. Annual Maintenance
2. Day to Day maintenance:

a) Removing Chokage of drainage pipes,


b) Manholes, restoration of water supply,
c) Repairs to faulty switches,
d) Watering of plants,
e) Lawn mowing ,hedge cutting,
f) Street Sweeping
3. Annual Repair Annual maintenance including White washing, Colour
and Maintenance washing, Distempering, painting etc.

C. Development of Additional Amenities

Additional amenities, as required, such as convenience shops, rest rooms, common


room, milk booth etc with detailed architectural Drawings and specification and bar
chart giving time frame for execution of work to be included.

NOTE: Above A), B) and C) are the few listed and suggestive work which should be carried
out in JnNURM & RAY houses in RDOT model. The State/UT Government listing of work
will be final and Concessionaire should follow the instructions as given by ULBs.

2) Operation and Maintenance (O & M)


A detailed Operation and Maintenance Manual with the approval of the Project

115
Authority to be added.
The O & M Manual may be prepared on the basis of CPWD Operation and Maintenance
Manual or State/UT’s own ) O & M Manual for such complexes.

The O & M may include the following

Preventive Maintenance
I. Cleanliness of roofs, inlet of rain water pipes, Khurra, Chhajja/sunshade
top, outlet of rain water pipes, plinth protection and drains minimum
twice a year and particularly before monsoon.
a. Cracks on gola and top of parapet
b. Cleanliness and waterproofing of mumty roof
c. Leakage from terrace tanks
II. Damage of water proofing due to installation of various services on roof
like Dish antenna, solar panels, etc or weed/vegetation.
III. Cracks on grit plaster, spalling of concrete, cladding stone coming out
of substrate etc
IV. Leakages/seepages
V. Rusting of GI pipes and fittings showing seepage
VI. Shafts for the leakage/seepage
VII. Sagging false ceiling
VIII. Termite affected areas and wooden members
IX. The cleaning of manholes and sewer line and checking for rain water
getting mixed in sewer lines
X. Damaged cables & other abandoned service lines
XI. Electrical systems like main boards etc. should be checked annually.
XII. Fire services particularly during hot weather and assessment of electric
load due to additional services installed
XIII. Whether unprotected heaters in use likely to cause fire inside
XIV. Annual Maintenance

Day to Day maintenance


a) Removing Chokage of drainage pipes,
b) Manholes, restoration of water supply,
c) Repairs to faulty switches,
d) Watering of plants,
e) Lawn mowing ,hedge cutting,
f) Sweeping of leaf falls etc.
Annual Repair – may include the following:
a) White washing,
b) Colour washing,
c) Distempering, painting etc.

*****

116
The Director,
Urban Affairs Department;
Government of Meghalaya.
Raitong Building, Secretariat Hills.
Shillong-793002
Phone No: /Fax No:
Website:

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