RfP&Tor - Model I
RfP&Tor - Model I
FOR
Reference No.
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
Dear Mr./Ms……..
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.
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.
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
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
The date, time and address for submission of the proposals have been
given in Section- I Data Sheet.
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.
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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).
4. CONFLICT OF INTEREST
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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.
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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
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
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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.
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:
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.
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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.
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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.
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.
Work Experience:
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“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.
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:
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.
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.
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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.
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
9. PREPARATION OF PROPOSALS
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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).
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.
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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.
11. TAXES
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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.
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.
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.
Financial bids of only those agencies who are technically qualified shall
be opened publicly on the date & time specified, in the presence of the
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Agencies representatives who choose to attend. The name of the Agencies
and their financial bids shall be read aloud.
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.
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.
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.
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the contract or on the date specified in the Section –I of Data Sheet which
ever earlier.
18. CONFIDENTIALITY
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.
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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.
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.
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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
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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.
1. General
Letter of transmittal and forms for deciding eligibility are given in Section
III.
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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.
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
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:
5. Financial Information
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6. Agency should furnish the following:
List of all works of similar nature successfully undertaken during last Sev-
en years in Form ‘C’
7. Organization Information:
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
The Agency should submit the letter of transmittal attached with the
document.
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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.
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.
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.
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
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 -
D. Scope of Work
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(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.
32
b) O & M may include the following components:
E. Payment Schedule
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.
b. However, Concessionaire will share the Concession Fees with the ULB as
per the quoted rates.
G. Implementation Methodology
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.
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.
35
Model 1
Utilizing Existing Government Funded Vacant Houses
Creation of Inventory of
vacant Projects/ Houses
by States/UTs/ULBs
Selection of Selection of
Concessionaire Concessionaire
based on highest with lowest negative
positive premium premium
36
H. Incentives/ Benefits to the Concessionaire
I. Requirement of Professionals:
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.
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
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.
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
41
FORM ‘A’
FINANCIAL INFORMATION
III. Solvency Certificate from Bankers of Agency in the prescribed Form “B”
SIGNATURE OF AGENCY(S)
42
FORM ‘B’
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.
NOTE:
43
FORM ‘C’
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
44
FORM ‘D’
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’
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:
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):
47
FORM ‘F’
Name of Work:
1. RFP No:
48
FORM ‘G’
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”)
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 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
I, the deponent above named do hereby solemnly afagency and declare as under:
DEPONENT
Verified at ...........this.................day of.........
DEPONENT
ATTESTED BY (NOTARY PUBLIC)
50
FORM ‘I’
1 Name
3 City
4 Postal Code
10 Contact Person
12 Email ID
51
URBAN LOCAL BODY/ STATE/ UT GOVERNMENT
Name of Work:
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.
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.
Witness: **
Occupation: **
53
SECTION - 04: FINANCIAL BID (Standard Forms)
FORM FIN-1
[Location, Date]
To:
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.
Yours sincerely,
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
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
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
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)
Signature ………………………………………
Designation …………………………………..
Dated: ………………………………………….
58
MEMORANDUM
59
Appendix- I
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.
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.
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.
62
Appendix-II
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
The plant and equipment as required for repair/ retrofit/ construction to be provided
by Agency here.
64
SECTION 05
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.
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.
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
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.
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
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
SEVERAGE SYSTEM
150 mm Dia. PVC pipe as per IS: 14333 and IS: 10910 with required size of
Manholes etc. to be provided.
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
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
72
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
78
SECTION- 06
BETWEEN
AND
WHEREAS,
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:
E. The Parties hereto are required to enter into an Agreement, being these presents,
to record the terms, conditions and covenants set forth hereunder.
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.
83
ARTICLE 2- SCOPE OF THE PROJECT
1.1 Scope of the Project
i. Work details
Following activities needs to be complete by the Concessionaire:
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.
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.
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
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.
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.
Peaceful Possession
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.
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.
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.
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.
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.
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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:
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Validity of Insurance
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:
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”.
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.
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.
95
6. ARTICLE 6- AUTHORITY ‘S OBLIGATIONS
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.
Payment Schedule
b. Concession Fees:
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.
b. However, Concessionaire will share the Concession Fees with the ULB as
per the quoted rates.
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:
97
(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.
(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)
98
(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.
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.
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.
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.
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;
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.
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.
101
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;
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.
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.
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.
103
if oral hearings take place, English shall be the language to be used in the
hearings.
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.
(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.
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.
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.
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
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
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.
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.
(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.
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).
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
A. Housing Component
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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
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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:
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.
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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.
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
*****
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The Director,
Urban Affairs Department;
Government of Meghalaya.
Raitong Building, Secretariat Hills.
Shillong-793002
Phone No: /Fax No:
Website: