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THANE MUNICIPAL CORPORATION

PUBLIC WORKS DEPARTMENT

CONTRACT DOCUMENT

FOR

Design and Construction of Foot-Over-Bridges at various location in the

Thane Municipal Limit with Private Financing & Advertisement Rights

on B.O.T. Basis

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THANE MUNICIPAL CORPORATION

PUBLIC WORKS DEPARTMENT

Design & Construction of Foot Over Bridge at various locations in

Thane Municipal Limit on Build, Operate and Transfer basis

PRICE: Rs. 5000/- PER COPY

SR. No.:

Issued to:

E- Tender TO BE RECEIVED ON: 05.09.2011 UPTO: 12.00 Hours

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INDEX

Chapter No. Name of the Chapter Page No.

1 Notice Inviting Tender & Invitation for Bids 4 6

2 Chapter No I Detailed Tender Notice 7 10

3 Chapter No II Instructions to Bidders 11 28

4 Chapter No III Scope of Work 29 33

5 Chapter No IV General Conditions of contract 34 59

6 Chapter No V Special conditions of contract 60 84

7 Chapter No VI Work Specification for

construction

85 96

8 Chapter No VII Design criteria 97 109

9 Chapter No VIII Specification for

maintenance

110 113

10 Chapter No IX Form for submission of bid

and Sample Forms

114 132

11 Annexure I & II 133 134

12 Chapter No X Drawings 135 136

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THANE MUNICIPAL CORPORATION

(Public Works Department)

(2nd call)

TENDER NOTICE

Thane Municipal Corporation invites tender in E-tender System for the work

"Construction of Foot over bridge on BOT basis" from experienced

entrepreneurs, this is second call for the work which was published earlier

vide Tender Notice No: TMC/PRO/Advetisement/107/2011-12 dated

01.06.2011.

Blank tender paper can be down loaded from the website of TMC,

www.thanemahapalika.com and www.tmc.abcprocure.com from 20.08.2011 to

05.09.2011 upto 12.00 hours. Online tender shall be received on the website

up to 12.00 hours on 05.09.2011 and will be opened on 05.09.2011 at 4.00 pm

if possible in the presence of the willing entrepreneurs or their representatives.

Sd/-

City Engineer,

Thane Municipal Corporation

TMC/PRO/Advt./ 234/2011-12/dt 18/8/11

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INVITATION FOR BID

THANE MUNICIPAL CORPORATION

PUBLIC WORKS DEPARTMENT

Thane Municipal Corporation, Public Works Department has decided to undertake the

following project of Design and Construction of Foot Over Bridge at various location in

Thane Municipal Limit on Design, Build Operate and Transfer Basis by giving

Advertising Display rights to Entrepreneurs.

1 Name of Work

Design and Construction of Foot Over Bridge at

various locations in Thane Municipal Limit on

Build, Operate and Transfer basis

2 Earnest Money Deposit Rs. 9,00,000/- only in the form of challan in

favour of Thane Municipal Corporation, Thane.

3 Amount of performance

Security.

Rs. 18,18,000/-

4 Period of Construction Twelve Months

5 Downloading of Bid

documents

From 20/08/2011 to 05/09/2011 upto 12.00 hrs.

6 Last date of online submission

of tender

05/09/2011 upto 12.00 hrs.

7 Cost of Document Rs. 5,151/- (including E-tender charges) per

copy in the form of challan in favour of Thane

Municipal Corporation, Thane.

The Entrepreneurs should note:

1) The agency intending to apply for concession should be eligible and competent to

enter into contract under the Indian Contract Act, 1872.

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2}Entrepreneur should have successfully completed in his own name at least two Foot

Over Bridges on road /railway line on PPP/BOT /Department funding basis in last five

years. Experience of Flyover Bridges/Rail Over Bridges (ROBs) will be also considered.

3)The average annual turnover for the last 3 years should be more than

Rs 680 lakhs.

4) The agency should also produce solvency certificate to the tune of 100% of the cost of

work i.e Rs.900.00 lakhs.

5) The Entrepreneur should have been in field of outdoor /out of home advertising/B.O.T.

projects of road/Bridges, Business in India for at least three years.

6) Joint venture share shall be clearly defined in terms of percentage in the registered J.V.

agreement. The registered joint venture deed should be irrevocable till the completion

of work for which they have combine and till all the liabilities thereof are liquidated

and share of contractor of higher category should not be less than 50%. Further, the

percentage share of the Entrepreneur of the lower category in joint venture

partnership/combination should not be more than his limit of eligibility to quote for

works divided by estimated cost of work put to tender.

7) The validity of the tender documents submitted by the tenderer will be 180 days from

the date of opening of the tender and it will be binding on tenderer.

8) The tender notice and tender documents are available on the web site

www.thanemahapalika.com and www.tmc.abcprocure.com .

9) Municipal Commissioner, TMC, Thane reserves the rights to accept the tender in full

or in part or reject any or all tenders without assigning any reason.

Sd/-

City Engineer,

Thane Municipal Corporation, Thane

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CHAPTER 1

DETAILED TENDER NOTICE

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CHAPTER-1

DETAILED TENDER NOTICE

Detailed notice inviting tender for Design and Construction of Foot Over Bridge at

various location in Thane Municipal Limit on Design, Build Operate and Transfer Basis

by giving Advertising Display rights to Entrepreneurs.

1.0 General

1.1 The scheme is formulated with a view to encourage and involve private

Entrepreneurs in implementation of infrastructure projects by mobilizing and

deploying their own resources for the purpose. City Engineer, TMC invites

tenders on behalf of Thane Municipal Corporation for Construction of Foot

Over Bridges at following ten locations on Build, Operate and Transfer basis.

1.2 Features

Preparation of Total Designs for Foot Over Bridges at the locations & in

conjunction with the existing site conditions, environment, community demand.

The FOB designs shall meet the functional and material specifications prescribed

by Thane Municipal Corporation.

Construction of Foot Over Bridges with all essential facility at locations and

designs approved by Thane Municipal Corporation in respective locations.

The revenue generation from the Foot Over Bridges shall primarily be from

Advertisements displayed on the FOB structure.

The Locations of the Foot over Bridges are as below.

1. In front of RTO office on Eastern Express Highway.

2.In front of Sri Maa Bal Niketan School on Eastern Express Highway.

3.In front of Forest office, LBS road.

4. In front of Jupiter hospital on Eastern Express Highway.

5. Near Raheja Gardens on LBS road.

6. In front of Singhania School, Pokhran road no1.

7. Near Balkum Pada No 1 on Bhiwandi Road

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1.3 The Entrepreneur is expected to recover his total capital outlay, which includes

cost of the project, interest on cost of work, overheads and other incidental

expenses through the display of advertisements in the area shown in relevant

departmental drawing/ Annexure.

1.4 The Entrepreneur may be:

a) An agency should be eligible and competent to enter into contract under

the Indian Contract Act, 1872.

b) A Company registered under Companies Act 1956. It may be noted that the

following conditions must be fulfilled.

1.5 The Entrepreneur must satisfy following criteria:-

1) Entrepreneur should have successfully completed in his own name at least two

Foot Over Bridges on road /railway line on PPP/BOT /Department funding basis

in last five years. Experience of Flyover Bridges/Rail Over Bridges (ROBs) will

be also considered.

2) The average annual turnover for the last 3 years should be more than

Rs 680 lakhs.

3) The Entrepreneur should have been in field of outdoor /out of home

advertising/B.O.T. projects of road/Bridges, Business in India for at least three

years.

4) The agency should also produce solvency certificate to the tune of 100% of the

cost of work i.e Rs.900 lakhs .

5) The bidder should have total liquid asset and credit facility for a minimum

amount of Rs 2.70 crores. The necessary documents/letter from

Nationalised/Schedule Bank shall compulsory accompany the completed tender

document.

6) Joint venture share shall be clearly defined in terms of percentage in the

registered J.V. agreement. The registered joint venture deed should be

irrevocable till the completion of work for which they have combine and till all

the liabilities thereof are liquidated and share of contractor of higher category

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should not be less than 50%. Further, the percentage share of the contractor of

the lower category in joint venture partnership/combination should not be more

than his limit of eligibility to quote for works divided by estimated cost of work

put to tender.

1.6 Deleted.

1.7 Submission of Bids

Bids will be received on 05/09/2011 upto 12.00 hrs and the same will be opened

on 05/09/2011 at 16.00 hrs (If Possible).

Right to reject any or all offers without assigning any reason thereof is reserved.

Sd/-

City Engineer,

Thane Municipal Corporation

11

CHAPTER II

INSTRUCTIONS TO BIDDERS

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CHAPTER II

Instructions to Bidders

1 THE SCHEME

The Entrepreneur shall construct and handover to the Thane Municipal

Corporation the following works at the following project site as per approved

details.

a) Design and Construction of Foot Over Bridge across the road at following

locations.

1. In front of RTO office on Eastern Express Highway.

2. In front of Sri Maa Bal Niketan School on Eastern Express Highway.

3 .In front of Forest office,LBS road.

4. In front of Jupiter hospital on Eastern Express Highway.

5. Near Raheja Gardens on LBS road.

6. In front of Singhania School,Pokhran road no1.

7. Near Balkum Pada No 1 on Bhiwandi Road

b) Electrification and providing adequate lighting arrangement over the foot

over bridge and stairs

c) Providing watch and ward on the FOB and Maintenance throughout

concession period.

1.1 Though the successful Entrepreneur shall be solely & fully responsible for

planning, designing, construction and maintaining the structure in accordance

with specifications and sound engineering practice, it is considered necessary in

public interest that these aspects are got approved from Thane Municipal

Corporation for this purpose. The City Engineer or his representative shall

administer the project on behalf of the Thane Municipal Corporation.

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1.2 Thane Municipal Corporation shall advise on all matters pertaining to this

project, including tender evaluation, checking of designs and supervision of

works including quality control etc. during the entire project. The advice of

Thane Municipal Corporation shall be binding on the Entrepreneurs. The Thane

Municipal Corporation may also appoint proof consultants, for the entire

projects necessary for expert advice on design, quality control, specifications,

supervision etc. If as a result of their advice accepted by the Thane Municipal

Corporation, any extra work outside the scope defined in these documents is

required, the Entrepreneur shall carry out the same at rates based on the current

D.S.R. of Thane Circle of State PWD or alternately the concession period will

be extended by the Engineer, depending upon the cost of extra work involved,

Exercise of either of the two options shall be at the discretion of the City

Engineer, TMC and shall be final and binding on the part of entrepreneur.

1.3 The Entrepreneur at his cost shall also provide temporary diversion road if

required and traffic regulations and signal modifications during construction.

The Entrepreneur shall be solely responsible for traffic management and safety

during the execution.

1.4 The Entrepreneur will be permitted to let out on rental basis the space marked

for advertisement as mentioned in the Annexure I. The entrepreneur can thus

raise money from the rent collected to finance the above works. However, to

ensure the safety of the structure, Thane Municipal Corporation will exercise

full control in the matter pertaining to the use of space marked for

advertisement. The entrepreneur shall not allow to display or shall not display

advertisements of the products, materials etc. as may be restricted by applicable

laws.

1.5. The entrepreneur shall be fully responsible for the safety of construction as well

as traffic safety during execution of work.

2,1, 2.2Deleted

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2.3 The offer Submitted by the Entrepreneur shall be based on the bid document

revised / amended as per Para No. 1 .1 & 1.2. The offer shall be unconditional.

Conditional offers shall be summarily rejected.

Bidders are cautioned that the offers containing any material deviation from the

contractual terms and conditions, specifications, or other requirements shall be

rejected. Conditional offer, if accepted inadvertently, shall be liable for rejection

on noticing such condition at any stage.

2.4 The evaluation of bids shall be as per NIT. Rights to cause evaluation of

consultants appointed for the same are reserved.

3 EARNEST MONEY DEPOSIT:

3.1 The amount of Earnest Money Deposit of Rs 900000.00 should be paid on line

through challan. The challan for the EMD is available online and the same

should be downloaded. Four copies of the same should be made and deposited

in any branch of Bank of Maharashtra. The stamped copy should be scanned

and uploaded in Envelope No-1 submission.

3.2 The Earnest Money Deposited by the unsuccessful Bidders will be refunded

only after the expiry of the validity period of the Bid i.e. 180 days after

opening of financial offer or after selection of the preferred bidder.No refund

will be entertained before the prescribed period.

3.3 The Earnest Money deposit of the successful bidders can be adjusted against the

Security Deposit to be paid within 15 days from the date of work order.

3.4 The Earnest Money will be forfeited:

a) If the Bid is withdrawn after the closing and before the expiry of

the last date of the period of validity. If the successful bidder fails

to deposit the Security Deposit as per the Conditions of Contract.

b) If it should at any time be discovered that the bidder has submitted

more than one Bid under different names, all his Bids will be

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rejected or agreement cancelled and Earnest Money and/or

Security Deposit forfeited.

4 TENDER FORM FEE:

Cost of blank tender document Rs 5151.00 (including E-tendering charges

of Rs 151/-).

Budget code: 413108 Function code -211 Department code -1000

5 MANNER OF SUBMISSION OF THE TENDER:

The tenders shall be submitted on line E-Tendering system. The concession

period, total landed project cost, total O & M cost and total of both costs shall

be quoted in words as well as figures.

5.1 The offer for the project shall contain the following documents and shall be

submitted in soft copy (scanned documents) in the manner prescribed below:

5.2 The offer shall be submitted in three separate bids appropriately numbered and

marked as mentioned below:

5.2.1 Prequalification Bid (Envelop No 1)

This contains the following information:

a) Thane Municipal Corporation Treasury Challan (Bank of Maharashtra) for an

Earnest Money Deposit of an amount of Rs. 9,00,000.00 and Rs 5151/- towards

the tender form fee (including E-tender charges of Rs 151/-).These documents

should be deposited on-line as per E-tendering procedure. Receipted challan of

the same should be submitted online along with tender.

b) Certificate from concerned department not ranked below Executive Engineer or

equivalent, showing that the Entrepreneur has successfully completed in his

own name at least two Foot Over Bridges on road/railway line on PPP/BOT

/Department funding basis in last five years. Experience of Flyover Bridges/Rail

Over Bridges (ROBs) will be also considered.

c) Certificate showing average annual turnover for the last 3 years should be

more than Rs 680 lakhs certified by Chartered Account.

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d) The Entrepreneur should also produce solvency certificate to the tune of 100%

of the cost of works i.e Rs.900 lakhs.

e) Certificate /Document showing the Entrepreneur should have been in field of

outdoor /out of home advertising/B.O.T. projects of road/Bridges, Business in

India for at least three years.

f) Certificate from Nationalised bank/Schedule Bank showing that the bidder has

credit facility for a minimum amount of Rs 2.7 crores. The necessary

documents/letter from Nationalised/Scheduled Bank shall compulsory

accompany the completed tender document.

g) Audited balance sheets for last three years.

h) The organizational setup of the Entrepreneurs / Partner, associates, if any.

i) Copies of the agreements entered into, between the Entrepreneurs / Partners of

the group, associates for executing this project.

j) Joint venture share shall be clearly defined in terms of percentage in the

registered J.V. agreement. In case of successful bidder, the JV agreement shall

be registered & M.O.U. with article of association of each company should be

submitted before the execution of agreement with TMC. The registered joint

venture deed should be irrevocable till the completion of work for which they

have combine and till all the liabilities thereof are liquidated and share of

contractor of higher category should not be less than 50%. Further, the

percentage share of the contractor of the lower category in joint venture

partnership/combination should not be more than his limit of eligibility to quote

for works divided by estimated cost of work put to tender.

k) The annual turnover for the past three years. Net present worth and audited

balance sheet of the Entrepreneur.

l) Scheme and method of resource mobilization proposed for the execution of this

project, with proper undertakings.

m) Organizational setup proposed for execution of the project.

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n) Reputation and experience of the design and project management consultant to

be associated, with curriculum vitae of the key personnel.

o) Any other details which may be relevant to assessment of the financial and

technical competence of the Entrepreneur and associates.

p) Common Set of deviations duly signed in token of acceptance.

5.2.2 Technical Bid (Envelope No. 2)

Envelope No. 2 shall contain the following:

(i) Preliminary design, outline and broad technical details of the project. This

includes following details

a. Conceptual design showing all details viz span, staircase locations with

arrangement, vertical clearance, construction and finishing material

details, advertisement display location, etc. according to the requirements

mentioned in ANNEXURE I and II. It should be true scale. The

conceptual drawing shall be submitted in PDF format in soft copy (A-3

Size document). For each location separate drawing shall be prepared.

After opening of this bid for detail scrutiny purpose the cad drawing for

the same shall be submitted to the concerned Executive Engineer.

b. Broad technical details viz type of foundation, service utilites, sizes of

member, staircase details, flooring details, lighting arrangement etc.

(ii) Works program including scheduling and bar chart for the project.

(iii) The names of the consultants, to be employed, for various components of the

project and their experience. The consultant must have experience of designing

at least two Foot Over Bridges on road/railway line in last five years.

Experience of Flyover Bridges/Rail Over Bridges (ROBs) will be also

considered. FOB ,Flyover /ROB must have been opened to pedestrian/ traffic in

last five years& must submit copy of certificate issued by client, certified by

office not below Executive Engineer rank

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(iv) Arrangements proposed for collection of Advertisement charges and the

conditions on which the rights will be offered on hire.

(v) Experience of the executing agency/ work contractor.

(vi) Any other relevant details.

5.2.3 Financial Bid (Envelope No. 3):

The bidder shall submit the financial proposal giving the following details

(i) Cost estimates of a FOBs

The bidder shall prepare a cost (item wise) and cash flow estimates for

executing the work, along with a break-up of the O & M expenses for the

Concession Period

(ii) Revenue Generation and Financial Analysis

The Bidder shall indicate the estimated Revenue Generation during the

concession period. Provide details of cash flows and detailed financial

analysis

(iii) Concession Period

The bidder shall quote the concession period based on the cost estimates and

the revenue projections. (Cash flow statement) It is expected that the post tax

return on investment between 12%- 15 % of project cost will be considered as

reasonable.

Bidders shall submit financial information prescribed in Table No. 1 to 4

of Appendix 4 in sealed envelop at the time of opening of bid. This

information shall tally with the bid submitted online.

Bidders shall carryout due diligence, shall provide justification while

submitting the above. Thane Municipal Corporation reserve the right to seek

additional clarification / information and to carryout negotiations with

preferred bidder

5.3 SUBMISSION OF OFFER:

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5.3.1 Entrepreneurs should ensure that E-tenders should be submitted online before

the expiry of the due date and time, delayed offers shall not be entertained

irrespective of any cause. The bid offered or received after due date and time,

shall either not be accepted or if inadvertently accepted, shall not be opened.

5.3.2 Deleted.

5.3.3 Cost information in any form whatsoever, shall not be enclosed in

Prequalification bid & Technical bid (Envelope no.1 and 2) Tenders with Cost

information submitted in bid no. 1 & 2 shall be summarily rejected.

5.4 OPENING OF BIDS:

On the date, specified in the Notice, following procedure shall be adopted for

opening of the Pre-qualification Bid (Envelope No. 1):- Envelope No. 1 of the

Bid will be opened first to verify its contents as per requirements. If the various

documents contained in this envelope do not meet the requirements, a note will

be recorded accordingly by the Bid opening authority and the remaining

envelopes shall not be considered for further action. However, the right to ask

for the missing/ incomplete information stands reserved. The City Engineer

shall post-qualify Entrepreneurs on the basis of evaluation of the information

contained in this bid.

The documents submitted by all tenderers online as per E-tendering

procedure will be opened to verify its contents as per tender requirements.

All the tenderers should produce original documents for verifications of online

submitted documents by the tenderers at the time of opening of the Pre-

qualification Bid ,then only technical/price bid will be opened.

If the required documents do not meet the tender requirements, it will be

recorded accordingly by the tender opening authority and the said tenderer's

Price-bid will not be considered/opened for further action and the reason will be

recorded.

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Technical Bid (Envelope No. 2):- After post qualification mentioned above,

Envelope No. 2 of only post qualified Entrepreneurs shall be opened. Necessary

clarification for compliance with conditions in the bid document may be

demanded from the Entrepreneur if found necessary after the scrutiny. Refusal

for compliance or giving clarification may render the offer invalid and Envelope

No. 3 in that case shall not be opened, but recorded with a suitable note. The

City Engineer shall post-qualify Entrepreneurs on the basis of evaluation of the

information contained in Envelope No. 2. The post-qualification criteria shall

mainly consist of the following:

1. The conceptual design of proposed bridge and all its technical details

2. . The consultant must have experience of designing 2 Foot Over Bridge

which must have been opened to pedestrian/ traffic in last five years& must

submit copy of certificate issued by client, certified by office not below

Executive Engineer rank Experience in designing of Flyover Bridges/Rail Over

Bridges (ROBs) will also be considered.

3. The executing agency/contractor shall have adequate experience of executing

similar type of works.

Financial Bid (Envelope No. 3): - Envelope No. 3 of only those Entrepreneurs

who have fulfilled the requirements stipulated in the Envelope No. 2 above shall

be opened. Scrutiny of the contents of the Envelope No. 1 and Envelope No. 2

may take quite some time, as it involves evaluation financial capabilities,

technical capabilities, references, past performance of the Entrepreneur etc. and

soundness of the technical proposal, and also asking for missing information,

clarification or compliance with bid documents. It may not be possible to open

the financial bid in Envelope No. 3 on the date of opening of Envelope No. 2. A

suitable date and time for opening the Envelope No. 3 will be intimated and it

shall be opened in the presence of only those Entrepreneurs whose Envelope

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No. 3 is to be opened. The financial bid shall be read out to the Entrepreneurs

present at the time of opening.

5.5 EVALUATION AND ACCEPTANCE:

5.5.1 Financial bid shall be evaluated on the basis of the concession period offered by

the Entrepreneurs. The most beneficial offer from the point of view of the

Thane Municipal Corporation shall be considered for acceptance.

5.5.2 The right to negotiate with any of the Entrepreneurs whose offer has been found

to be responsive and attractive to the Thane Municipal Corporation is reserved.

5.5.3 The acceptance of Bid offer shall be communicated to the Entrepreneur,

telegraphically or otherwise either by the bid opening authority or any

representative of the City Engineers office. The Entrepreneur shall be asked to

deposit necessary performance security and enter into the agreement with the

Thane Municipal Corporation.

5.5.4 The Entrepreneur and the Thane Municipal Corporation will enter into an

agreement comprising the original copy of the bid document including C.S.D.

revisions and amendments, correspondence with and by the Department and the

drawing, in the form of agreement.

5.5.5 The Earnest Money Deposit of the successful Entrepreneur shall be returned

after the Entrepreneurs enter into an agreement with the Thane Municipal

Corporation as stipulated as above. However, if so desired, the Entrepreneur

may convert the Earnest Money deposit as a part of performance security. The

Earnest Money deposit of all other Entrepreneurs will be returned after the

agreement is signed with the successful Entrepreneur as above or after expiry of

validity period whichever is earlier.

6. PERFORMANCE SECURITY:

6.1 The Entrepreneur whose bid has been accepted shall deposit an amount of

Rs.18,18,000/- as performance security, out of which 20% i.e Rs.363600/- shall

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be paid in cash and remaining in the shape of bank guarantee from Nationalised

Bank in form enclosed or total amount in cash and complete the agreement.

6.2 All compensation or other sums payable by the Entrepreneur under the terms of

this contract or on any account, may be deducted from this performance security

or from any sums which may be due to him or may become due to him on any

account by the Thane Municipal Corporation or Government.

6.3 There shall be no liability on the Thane Municipal Corporation to pay any

interest on the Performance security amount deposited by the Entrepreneur.

6.4 The performance security shall remain with the Thane Municipal Corporation.

After completion of the facility and its satisfactory commissioning, 80% of the

performance security which is in the form of bank guarantee shall be returned to

the Entrepreneur after 24 months from the date of commissioning of last Foot

over bridge, after adjusting the dues payable to the Thane Municipal

Corporation if any. The balance 20% amount which is in cash shall be returned

3 months after the facility is transferred back to the Thane Municipal

Corporation in satisfactory condition and without any encumbrances.

7 Special Instructions

The Entrepreneur shall be deemed to have studied all the plans, specifications,

terms and conditions of the tender and Thane Municipal Corporation Rules and

regulation. The Entrepreneur is advised to get himself fully acquainted with the

site conditions viz. Traffic conditions, Nallas, drains, Overhead cables,

underground services, ducts etc, availability of labor, basic materials, water &

electricity etc. before submitting the proposal. If he desires to have any further

information in regard to the project he may contact Executive Engineer

(Bridges), Thane Municipal Corporation, Thane.

The proposal shall be subject to the stipulation detailed in para 7.1 below:

7.1 CONDITIONS & STIPULATIONS Obligations and Rights of

Entrepreneur TO BE OBSERVED WHILE MAKING THE

PROPOSAL.

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7.1.1 The cost of the project and other field data given in document mentioned herein

are approximate and Thane Municipal Corporation shall not accept any

responsibility for their accuracy. The Entrepreneur should carry out his own

studies and assessment independently to arrive at likely revenue from

advertisement etc. Similarly, he should carry out his own field survey and

investigations including soil investigation and collect necessary, data and

prepare his own cost and time estimate for formulating the proposal. These

locations has to be finalized with the main consideration of providing facility of

Pedestrians and not to increase Opportunity to See (OTS) of advertisements to

maximize the advertising revenue potential. While submitting the proposals the

bidders should submit the baseline data which was generated for identification

of locations for the proposed Foot Over Bridges. Thane Municipal Corporation

reserves the rights to alter the numbers and the locations mentioned in the bid/

proposed by the bidder during the course of contract considering the site

conditions, utility etc.

Entrepreneur shall also take at least one trial bore at each foundation location

before staring actual construction to ascertain correctness of the founding level

etc.

7.1.2 The Thane Municipal Corporation for the proposed project will furnish no

foreign exchange. The Entrepreneur will have to make his own arrangement in

this regard.

7.1.3 The Entrepreneur will have to make arrangements for financing the scheme

from his own resources or from open market borrowing.

7.1.4 Thane Municipal will not give guarantee for repayment of loans or debentures

floated by the Entrepreneur.

7.1.5 The Thane Municipal Corporation will provide no advance or loan for the

project. The structure will be the property of Thane Municipal Corporation and

at no stage the Entrepreneur can mortgage the Foot Over Bridges for any

reason.

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7.1.6 The Entrepreneur will be allowed to let out on rental basis the advertising area

as per existing rules and regulations. The taxes/ duties if any, that are payable to

Thane Municipal Corporation or to any other Government department shall be

the responsibility of the Entrepreneur.

7.1.7 The change of use shall not be altered except by prior approval of the City

Engineer and by following the prescribed procedure.

7.1.8 No permanent structures except those, which are ancillary to the project (site

office etc.), shall be permitted to be constructed by the entrepreneur/ contractor.

The location and the layout of these ancillary structures will have to be got

approved from the Engineer, which shall be removed immediately after

completion of the project.

7.1.9 No acquisition of land will be possible for accommodating temporary structures,

construction yards, labour hutments etc. of the Entrepreneur and Entrepreneur

will have to make his own arrangements for the same at his own cost.

7.1.10 No quarries will be acquired or made available by Department for proposed

project. The Entrepreneur will have to make his own arrangements in this

regard, including fulfilling the environmental and other requirements of the

concerned authorities without any cost to Thane Municipal Corporation.

7.1.11 The Entrepreneur will have to make his own arrangements for procuring

cement, steel and other materials required for the work.

7.1.12 The structural designs and other details of all the component of the proposed

scheme shall basically be the responsibility of the Entrepreneur. Also these

design shall be proofed checked from V.J.T.I Mumbai or I.I.T. Mumbai before

actual commencement of work. These design and details, however, shall have to

be in public interest got approved from the City Engineer, Thane Municipal

Corporation or any other agency nominated by the Thane Municipal

Corporation for his purpose The design Criterion to be followed is given in the

tender document. The modifications required in the tender proposal to meet the

specifications will be at Entrepreneurs cost.

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7.1.13 The Entrepreneur shall carry out all the required Geo-technical, hydraulic and

other site investigations at his own cost.

7.1.14 The Entrepreneur shall base their proposal on the area mentioned for each Foot

over bridge mentioned in Annexure I

7.1.15 The Entrepreneur shall appoint expert consultant approved by the City

Engineer, TMC for designing and supervising the entire project during

construction unless he produces adequate evidence to the satisfaction of City

Engineer to show that he possesses In house expertise and experience in this

regard.

7.1.16 It is clearly understood that the ownership of the proposed facility and the

resultant reclamation if any shall vest in the Thane Municipal Corporation and

the Entrepreneur shall not be entitled to any revenue except from the display of

advertisement in the demarcated area on the foot over bridge.

7.1.17 Deleted

7.1.18 The proposed structure will have to be insured by the Entrepreneur. All

insurance to be effected by the Entrepreneur shall be taken from the Directorate

of Insurance, Government of Maharashtra, Mumbai. The insurance cost shall be

for the entire capital outlay and shall cover:

(i) Against possible structural failure or distress during the construction or after

completion of the project.

(ii) The possibility that the scheme may be abandoned or dropped midway by the

Entrepreneur for any reason whatsoever, the insurance shall cover the entire

construction period and the entire concession period and the year thereafter.

7.1.19 The Thane Municipal Corporation reserves absolute right to take over the

facility at any time after compensating the entrepreneur/ contractor to the extent

of his unrecovered investments and interest liabilities including repair and

maintenance cost etc. up to that period after adjusting for the amount collected

by the Entrepreneur from the display advertisements as mentioned in NIT.

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7.1.20 The Thane Municipal Corporation reserves the right to carry out the work of

road side facilities in any section of the roads at any time during the period of

construction and maintenance of the facility. Entrepreneur shall give access to

such roadside facility works without any claim for damages, compensation,

time, delay etc.

7.1.21 The proposal should be accompanied by Earnest Money equal to Rs.9,00,000/-

(Rs. Nine Lakhs only). This earnest money shall be in the form of cash challan

in favour of Thane Municipal Corporation, Thane. The said amount of earnest

money shall not carry any interest whatsoever. In the case of the Entrepreneur

whose proposal is accepted his earnest money will be returned only after he

pays the security deposit and submits the insurance policy mentioned above and

signs the requisite agreement. In case the tenderer fails to sign the agreement,

his entire earnest money shall be forfeited to Thane Municipal Corporation.

7.1.22 The proposal should be valid for a period of 180 days.

7.1.23 Thane Municipal Corporation reserves the right to delete any of the Foot Over

Bridges at any stage without assigning any reason thereof.

7.1.24 After the Entrepreneur proposal is accepted by the Thane Municipal

Corporation, he will have to enter into an agreement for this purpose. After

agreement, Thane Municipal Corporation reserves the right to delete any of the

Foot Over Bridges without assigning any reason thereof. The Entrepreneur is

not eligible for any extension of concession period or monetary compensation

arising due to this deletion. The work will not be considered as completed

unless all the foot over bridge is opened for pedestrians and the City Engineer

issues a relevant completion certificate. In case of delay of any Foot Over

Bridge beyond the control of Entrepreneur, he should take special permission

from Thane Municipal Corporation, regarding commencement of concession

period for completed Foot Over Bridges.

7.1.25 The Entrepreneur is required to deposit Rs. 18,18,000/- (Rs. Eighteen Lakhs

Eighteen Thousand only) in form of cash, Bank guarantee issued by

27

Nationalized Bank in enclosed format as security deposit within 30 days from

the date of letter of intimating acceptance of the tender failing which his/their

Earnest Money will he forfeited to the Thane Municipal Corporation.

7.1.26 If at the time of execution the length of the foot over bridge is increased or

decreased than that shown table in Annexure I, the concession period will not be

extended or reduced as the case may be. Hence entrepreneur shall take

necessary care as mentioned in clause no 1.6.1.

7.1.27 The total scope of work as mentioned in the Annexure I may reduce i.e the

some Foot over Bridge may be deleted even after the acceptance of offer.

However the concession period will not be extended or reduced as the case may

be. Also due to local site constrain the location of Foot over bridge may be

shifted 50mtr on each side however no compensation or extension of concession

period shall be sanctioned.

7.1.28 The Entrepreneur can quote the maximum concession period for this work

is 30 (Thirty) year. In any case the concession period more than Thirty year

shall not be accepted.

7.1.29 The Entrepreneur shall be responsible for the upkeep, maintenance and provide

adequate illumination of the structures during the concession period.

7.1.30 The Entrepreneur shall obtain on his own all the necessary approvals from the

relevant authorities like Traffic Police, MCGM, Fire Department, PWD etc,

required for construction of the structures. He shall also obtain the necessary

electric connection & water connection at his own cost.

7.1.31 The Entrepreneur shall pay all the necessary electricity bills, taxes etc during the

entire concession period.

7.1.32. The Entrepreneur shall provide traffic diversion, reinstate the works affected by

his construction activities.

7.1.33 The Entrepreneur shall hand over the constructed structures to TMC free of cost

at the end of the concession period in a state satisfactory to TMC without any

cost or charge. After thirty days of handing over of the structure in satisfactory

28

condition .Remaining Security deposit of the Entrepreneur shall be returned

after deduction of expenses incurred on his behalf by TMC as mentioned above.

7.1.34 The Entrepreneur shall provide security and protection and ensure that there are

no unauthorized encroachment and illegal uses.

7.1.35 The Entrepreneur shall not charge from the pedestrians any fees for using the

structure for crossing the road.

7.1.36 Procure, as required, the appropriate proprietary rights, licenses, agreements and

permissions for materials, methods, processes and systems used or incorporated

into the Project:

7.1.37 Take reasonable efforts to maintain harmony and good industrial relations

among the personnel employed in connection with the performance of the

Entrepreneurs obligations under this Agreement.

7.1.38 Take all reasonable precautions for the prevention of accidents on the FOBs.

7.1.39 Indemnify TMC against all actions, suits, claims, demands and proceedings and

any loss or damage or cost or expense that may be suffered by them on account

of anything done or omitted to be done by the Entrepreneur in connection with

the performance of its obligations under this Agreement during and on cessation

of Concession agreement, so entered:

7.1.40 Take its own arrangements for project construction, and observe and fulfill the

environmental and other requirements under the Applicable Laws ands

Applicable Permits at Entrepreneurs own cost and expense:

7.1.41 Obtain an approval of the traffic diversion plan proposed during the

Construction period from the traffic police.

8. Concession Period & Rights

a) The bidder must specify in their bid the concession period in number of days is

required by them along with proper justification such as Financial / Cost-Benefit

Analysis and cash /Fund flow statements of the entire scheme for approval of

TMC.

29

b) The Entrepreneur will retain the rights of advertisement during the period of

concession only after obtaining necessary permissions from relevant City

Engineer Thane Municipal Corporation and completion certificate from TMC.

30

CHAPTER III

SCOPE OF THE WORK

31

CHAPTER-III

SCOPE OF THE WORK

Broadly the scope of the work shall in general include all investigations surveys, designs

/ drawing and construction of foot-over-bridge at following locations.

1. In front of RTO office on Eastern Express Highway.

2.In front of Sri Maa Bal Niketan School on Eastern Express Highway.

3.In front of Forest office,LBS road.

4. In front of Jupiter hospital on Eastern Express Highway.

5. Near Raheja Gardens on LBS road.

6. In front of Singhania School,Pokhran road no1.

7. Near Balkum Pada No 1 on Bhiwandi Road

Functional Requirements of Foot Over Bridges

The primary objective of construction of FOBs is to provide pedestrian

crossing facility at the busy intersections of the road and at mid blocks for safe and

convenient crossing. The FOB should serve as feeder/ dispersal for BRT from either side

of the road corridors. The structures should cater to basic features for pedestrian

movement. The structure should be designed in such a way that mechanized / automatic

movement features for vertical movement of people by way of Escalators or Lifts can be

provided in future. The structures shall also be protected from the environment like sun

light / rains etc. They shall also meet the provisions of accessibility for disabled persons.

Preference will be given to such designs incorporating the above

features in innovative manner using steel / pre engineered /composite structures adding

aesthetics to the scheme. The Concessionaire shall construct structurally sound and

aesthetically appealing facilities as per plans approved by the T.M.C. However, in areas

where deviations are necessitated due to space or location constraints,

Tentative length of foot over bridges, minimum width of FOB and

staircase width are mentioned separately in the Annexure I. The vertical clearance of the

32

inner FOB at the central verge of bridges shall be 4.0 meters and the minimum clear

soffit height will be 5.50 mtrs from road finished surface, as per IRC code. The

entrepreneur shall note that the dimensions given are for guidelines only and shall not

form the base of variation. The entrepreneur shall quote his offer based on actual site

measurements and conceptual GAD. The bridge shall be constructed as per the General

Arrangement approved by City Engineer, TMC. No variation shall be allowed for

increase in bridge length/ obligatory span of bridge etc.

The entrepreneur shall furnish details of project cost in form No.4

(Appendix-4) of this bid document. He should also furnish financial details of the

proposal in form No. 2 and yearly cash flow statement in form No.3. The form No. 2, 3

and 4 as stated above duly filled in shall be submitted in sealed envelop at the time of

opening of bid.

The entrepreneur has to construct the foot over bridge including

electrification and advertisement display at his own cost covering the items listed below

(from Sr. No. 1 to 18). Entrepreneur has to maintain, repair and upkeep the bridge and

electrification work during concession period offered by him. The entrepreneur shall be

allowed to recover his investment in project by way of advertisements rights which will

be provided in two ways subject to fulfillment of relevant rules for each FOB as per

ANNEXURE II

The detailed advertising area of each FOB is enclosed in ANNEXURE II.

He should hand over the bridge and facilities to the Thane Municipal

Corporation in good working condition after completion of concession period.

1) Carrying out all investigations including locating service lines such as water

supply pipelines, sewerage lines, and electric and telephone lines. If some of

these lines required to be shifted, Entrepreneur shall inform the concerned

Department well in advance so that utility services department can be informed

to shift the lines. The shifting charges for Electricity or Telephone cables shall

have to be borne by the Entrepreneur.

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2) Finalizing the alignment, preparing and finalizing the General Arrangement

Drawing of foot over bridge and obtaining approval thereto, of the City

Engineer, Thane Municipal Corporation. The enclosed drawing is tentative and

for guidelines of entrepreneurs. The said tentative/ conceptual General

Arrangement Drawing shall not form the base of variation.

3) Marking out the centerline of the foot over bridge with concrete pillars for the

theodolite stations, benchmarks etc. as per specifications and as directed.

4) Taking out at least bore holes with double tube drill and with NX diamond bits

one at each ends and one at the center of the foot over bridge and carrying out

necessary tests as per specifications and as directed by Engineer.

5) Providing foundations for piers

6) Providing sub-structure for the foot over bridge

7) Providing super structure of the foot over bridge.

8) Providing necessary expansion joints, bearings, parapet wall, waterspouts,

Grating, chequered tiles or steps and deck slab, as per approved design.

9) Providing anticorrosive treatment to reinforcement and protective coating to the

bridge structure including waterproofing as per specification and as directed by

Engineer.

10) Providing staircase to the foot over bridge as indicated on the enclosed plan.

11) Making arrangement for diversion and regulation of traffic till the completion of

work.

12) Clearing the site after completion of work.

13) Entrepreneur shall prepare the layout of electrical installation for lighting of foot

over bridge, staircase area and obtain the approval from the City Engineer

before Execution. Necessary wiring, cable laying from electric supply source

and installation of light fitting of I.S. approved work shall be done by the

Entrepreneur for illumination of Foot over bridge. The Entrepreneur shall

sanction electric supply from concerned electrical supply distribution company

and also pay for the connection charges to concerned electric supply company,

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Also the Entrepreneur shall pay the energy charges during whole concession

period; Thane Municipal Corporation will render necessary cooperation for

getting electric connection from concerned City Engineer Thane Municipal

Corporation. If any room is required to house electric meter, the construction of

such room will be permitted. However, Entrepreneur must obtain City

Engineers prior approval about the size and location of such room.

14) Architectural treatment: Entrepreneur shall prepare the scheme of architectural

treatment in consultation with City Engineer and provide the same to the foot

over bridge to give aesthetically pleasing appearance. Also Entrepreneur shall

provide vision barriers between foot over bridge and adjacent private property,

using composite aluminum panels for the some area of Foot Over bridge as

directed by City Engineer.

15) Environmental requirement: Mitigate measures are to be taken, both during

construction and operative phase with a view to minimize environmental

impact.

16) Entrepreneur shall maintain and carry out all the major and minor repairs of the

foot over bridge during the period of concession and defect liability period.

17) Providing stainless steel handrail in staircase and foot over bridge as directed by

City Engineer.

18) Completion drawing and maintenance manual for each part i.e. foundation,

substructure etc. of all the structures as executed should be submitted to

Engineer by the Entrepreneur.

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CHAPTER IV

GENERAL CONDITIONS OF CONTRACT

36

CHAPTER - IV

GENERAL CONDITIONS OF CONTRACT

3.1 DEFINITIONS:

3.1.1 ENTREPRENEUR:

Entrepreneur may be (i) an individual (ii) a registered firm (iii) a company

registered under the Companies Act, 1956, (iv) a joint venture or a consortium

formed out of (i), (ii), (iii) & / or (iv) above and shall include their legal heirs,

representatives, assignees and employees engaged on the work.

3.1.2 COMMISSIONER:

The Commissioner shall mean the Municipal Commissioner, Thane Municipal

Corporation, Thane.

3.1.2 CITY ENGINEER:

The City Engineer shall mean the City Engineer, Thane Municipal Corporation,

Thane and shall include his authorized representative, defined in para-3.2.2.

3.1.3 ENGINEER:

The Engineer shall mean the Executive Engineer in charge of the work / project

or other Engineer including supervision consultant appointed by the City

Engineer to carry out the duties as the Engineer for the work.

3.1.4 DEPARTMENT:

The Department shall mean the Public Works Department in the Thane

Municipal Corporation.

3.1.5 CONSULTANT:

The Consultant shall mean the consulting firm/ Company so appointed by

Entrepreneur to give advice on any matter pertaining to the work / project.

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3.1.6 AUTHORIZED REPRESENTATIVE:

The authorized representative shall mean the authorized representative of the

Entrepreneur.

3.1.7 CORPORATION:

The corporation shall mean the Thane Municipal Corporation.

3.1.8 WORKS:

The Works shall mean the work to be executed in accordance with the

agreement and shall include all extra or additional or substituted works as

required for the fulfillment of the agreement and as approved by the

Department.

3.1.9 PROJECT:

The project shall mean study, identification, design and construction of foot

over bridge including temporary works, fulfilling and maintaining

environmental requirements, advertisement display charges collection

arrangements and all other works connected with the same, as well as

maintenance of the facility and collection of advertisement display charges.

3.1.10 PROJECT COST:

Project cost shall mean the cost offered to be invested by the Entrepreneur for

covering all the activities mentioned in chapter-2. It shall be deemed to be

inclusive of all taxes, reasonable profit and interest on such costs.

3.1.11 CONCESSION PERIOD:

Concession period shall mean, the period starting from the stipulated date of

commencement of work to the prescribed date of taking over of the project by

the Thane Municipal Corporation.

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3.1.12 CONSAISSONER:

Entrepreneur whose offer is accepted by Competent Authority.

3.1.13 Deleted

3.1.14. TEMPORARY WORKS:

The temporary works shall mean all the works of every kind required for or in

connection with the execution of the project, but which will not form permanent

part of the project.

3.1.15. FOOT OVER BRIDGE:

Foot-over-bridge means a bridge exclusively for pedestrians.

3.1.16. ADVERTISEMENT DISPLAY CHARGES:

Advertisement display charges shall mean the charges for displaying different

advertisements, which are to be collected and retained by the Entrepreneur in

the concession period.

3.1.17. USER:

The user shall mean those Advertisement agencies / Companies who want to

display their advertisement / products on Foot over bridge from whom charges

are to be collected by the Entrepreneur in concession period only.

3.1.15. CONTRACT DOCUMENT:

The contract document shall comprise the following:

(i) Letter of acceptance of offer in favour of the Entrepreneur.

(ii) The bid document signed by the Entrepreneur in token of acceptance.

(iii) Common set of deviations, signed by the Entrepreneur in token of acceptance.

(iv) All correspondence between the Thane Municipal Corporation and the Entrepreneur.

39

(v) Any other document mutually agreed to form a part of the contract document.

The entire above documents and letters shall be collectively referred as the Contract

Document.

3.2 TECHNICAL CONTROL OF THE WORK

3.2.1 The City Engineer, Thane Municipal Corporation shall be the technical officer

under whose direction and control the work shall be carried out. He shall be the

final City Engineer Thane Municipal Corporation on all technical matters. The

Entrepreneurs shall comply with all the instructions of the City Engineer for

proper control on the quality and progress of the work. The alignment and other

details of the foot over bridge shall be got approved from the City Engineer or

his representative. The work shall be treated as completed only after the City

Engineer issues a completion certificate on completion of the works. The

Executive Engineer shall coordinate the activities of the Entrepreneur, the other

Government organization and Consultants whenever necessary. The Executive

Engineer, TMC shall function as an authorized representative of the City

Engineer.

3.2.2 The Engineer shall be responsible for day to day inspection; supervision and

quality control of the work and City Engineer shall have overall control on the

execution of the work.

3.2.3. No work on any component shall be started without obtaining approval to the

drawings and designs by the City Engineer, Thane Municipal Corporation.

3.2.4 SPECIFICATIONS

The construction of the foot over bridge shall be as per the Works Specification

for construction in chapter-4 in this document. If the Entrepreneurs design

envisages or provides for the use of any special type or technique not covered

by these specifications, the Entrepreneur shall furnish its specification along

with his proposal for prior approval of the department. Work Specifications for

40

construction given in Chapter 4 are the minimum specifications specified for the

project. The Entrepreneur may always improve on the same with prior approval

of the City Engineer.

3.2.5 The work of construction of foot over bridge shall be executed without the

stoppage or disruption of the movement of vehicles on the Thane-Belapur Road.

3.3 INSPECTION OF WORK

All work under or in course of execution or executed in pursuance of the

contract shall at all time open to the inspection and supervision of the Engineer

or his authorized representative. It will be responsibility of the Entrepreneur to

ensure that either the Entrepreneur or his authorized agent shall remain present

to receive orders and instructions of the Engineer.

3.4 ADDITIONAL CONDITIONS

3.4.1 General

The Entrepreneur shall be deemed to have carefully studied the work and site

conditions, specifications, schedules and drawings and various other data and

shall be deemed to have visited the site of the work and to have fully informed

himself regarding the local conditions. He shall be deemed to have carried out

his own surveys and investigations and assessment of site conditions. He is

deemed to be fully aware of all statutory requirements including those

concerning with labor and the local conditions/ status of availability and

employment of laborers. The Entrepreneur shall accordingly work out his

proposal. The data given by the department is made available in good faith only

for general information without any commitment, responsibility on the part of

department about its accuracy.

3.4.2. Order of Precedence

41

For this document in case of errors, omission and/ or disagreement between

written and scaled dimension on the drawings or between the drawings and

Specifications etc. the following order of preference shall apply.

(a) Between scaled and written dimensions or description on a drawing, the

latter shall be accepted.

(b) Between the written or shown description/ and dimensions in the

drawing and the corresponding one in specifications, the latter shall

apply.

(c) In Execution stage the following order of precedence shall apply: -

(i) Execution drawing / notes instruction specifically approved for

constructions.

(ii) Specific provision of specifications and conditions of this

contract document.

(iii) In the absence of above, standard specifications for Roads and

Bridges of the Ministry of Surface Transport (latest edition) and

sound engineering practices in that order.

(iv) However, not withstanding anything contended above the

interpretation / decision of the City Engineer will be final and

binding.

3.4.3 The Entrepreneur shall submit within the time stipulated by the Engineer in

writing the details of the actual method that would be adopted by him for the

execution of any item and obtain prior approval of the Engineer in advance

before starting the work.

3.4.4 The Entrepreneur shall also submit the program of work indicating the date of

actual start and monthly progress report to the Engineer. He shall also update

the construction program (CPM\PERT\Bar chart) from time to time on taking a

review of actual achievements and submit three copies of it to Engineer for his

approval.

42

3.4.5 The Entrepreneur shall engage an authorized Engineer representative (Resident

Engineer) on the works. He shall take orders as will be given by the Engineer

and shall be responsible for carrying them out. The Entrepreneur shall maintain

the work order book on site and it shall be property of the department. City

Engineer or his authorized representative will record instructions in the work

order book and the Resident Engineer shall promptly acknowledge the orders

given therein by the Engineer and comply with them. It shall, however, be

clearly understood that the Entrepreneur shall be primarily and fully responsible

for executing the work as stipulated in the scope of work to the specified

standards and quality. He shall be liable for implementing the necessary

corrective measures as may be ordered by the City Engineer/ Executive

Engineer from time to time and that Engineer shall not issue the completion

certificate unless the rectification are carried out to his (Engineer) entire

satisfaction.

3.4.6 For proper measurement of the works it is necessary to have an initial set of

levels or other measurements taken and the same is recorded in the authorized

field book, measurements book of the Department by the Engineer.

3.4.7 The Engineer on written request by the Entrepreneur will, if in his opinion the

request is reasonable and in the interest of the work and its progress, assist the

Entrepreneur in securing the priorities for deliveries, transport permits for

controlled materials, permit for quarries and other similar permits etc. Where

such are needed, the Entrepreneur shall however himself arrange for quarries

required for quarrying the materials for construction.

43

3.4.8 All materials to be used on works shall be got approved in advance from the

Engineer. The Entrepreneur shall at his risk and costs make all arrangements

and provide all such facilities as the Engineer may require for testing materials.

3.4.9 The Entrepreneur at his own expenses shall make his own arrangements for

housing of his staff with all necessary amenities and protective measures. He

shall take necessary precautions for safety of the workers and preserving their

health while working on such jobs.

3.4.10 The Entrepreneur shall indemnify the department against all actions, suits,

claims and demands including infringement of patent rights brought or made

against it in respect of anything done or omitted to be done by the Entrepreneur

in contention with the work and against any loss or damage to the department in

consequences of any action or suit being brought against the Entrepreneur for

anything done or omitted to be done in the execution and maintenance work.

3.4.11 The Entrepreneur shall take all precautions against damages, from accidents.

The Entrepreneurs shall comply with all rules and regulations, bye laws and

directions given from time to time by any local or public authority in

connections with this work and shall pay all fees, which are livable on him.

Structures shall be fully ensured by Entrepreneur during concession period.

3.4.12 On receipt of the order, the Entrepreneur shall at his own expenses clear the site

and take the centerline plan from the Engineer. He shall then layout the entire

foot over bridge and get it approved from City Engineer. The Entrepreneur

himself shall be fully responsible for the correctness of the layout.

3.4.13 The Entrepreneur shall inform the Engineer in writing when any item of the

work is ready for inspections giving him sufficient notice to enable him to

44

inspect the same. The Entrepreneur shall provide at his cost all necessary

arrangements and facilities and assistance for proper inspections of all parts of

the work by Engineer or his authorized representative.

3.4.14 In the event of discovery by the Entrepreneur or his employees during the

progress of the work of any treasure, fossils, minerals or any other articles of the

Engineer such treasure or things which shall be the property of Government.

The Entrepreneur after completion of work shall clear the site of all debris and

remove all unused material, plants and equipment, tools etc. The Entrepreneur

shall also have to clear the site of all temporary structures; site office, labor

camps, utility lines etc. constructed/ erected for the execution of the project and

obtain a completion certificate from the Engineer. The work shall be treated as

complete only after the Engineer issues a relevant completion certificate.

3.4.15 The Entrepreneur shall provide a temporary office shed of with suitable

partitions etc. at suitable locations for the exclusive use of department field staff

and consultant free of cost on site of work. The shed shall be provided with all

amenities, furniture, a personal computer (all in one) of specifications

mentioned below shall by Engineer, shall be provided

-`P.C. all in one processor core Intel i5-450M loaded with Microsoft window 7

genuine Home Premium and Quickheal Total internet Security 2011 with 24

month validity

- SATA HDD of 320 GB minimum with DDR3 RAM of 4 G.B.

- ATI mobility graphic card Radion I GB or Nivida Graphic card 1GB

- 19 inch Touch screen HDD monitor

- Wirless mouse and Keyboard.

- Blue Ray optical device with RW

45

The Entrepreneur shall provide a A.C. car (TATA Indica) not more than 3 year

old along with driver & all consumables to departmental staff for the 50 % of

construction period.

3.5 Defect liability period:

If during five years from the date of completion of concession period, the said

work is found defective in any manner whatsoever, the Entrepreneur shall

forthwith on receipt notice in that behalf from the Engineer, duly commence

execution and completely carry out at his cost in every respect all the work that

may be necessary for rectifying and setting right the defects specified therein

including dismantle and re-construction of unsafe portions strictly in accordance

with and in the manner prescribed and under the supervision of the Engineer. In

the event of the Entrepreneur failing or neglecting to commence the said

rectification work, the same will be carried out by the Department at the risk

and the cost of the Entrepreneur.

3.6 PATENT / COPY RIGHT:

If the Entrepreneur desires to use any designed device, materials or any process

covered by letters of PATENT OR COPY RIGHT, the right of such use

shall be secured by the Entrepreneur by suitable legal arrangements and

agreement with the patent owner and a copy of their agreement shall be filed

with the Engineer-in-charge

3.7 MATERIALS FOR WORKS:

All materials to be used on the work shall be got approved in advance from the

Engineer. The Entrepreneur shall at his risk and cost, make all arrangements and

provide all such facilities for testing of materials as may be ordered by the

Engineer. The Thane Municipal Corporation will not be responsible for

violation of patent rights, if any.

46

3.8 ENTREPRENEURS STAFF AND WORKERS:

The Entrepreneur, at his own expenses, shall make his own arrangements for

housing of his staff with all-necessary amenities and protective measures. He

shall take all necessary precautions for safety of the workers and for-preserving

their health while working on any job in the project. Erection of labour huts

during construction period or during concession period for maintenance work of

foot over bridge will not be allowed in Road land.

3.9 EXPLOSIVES:

The Entrepreneur shall not use any type of explosives at site.

3.10 SAFETY PROVISIONS:

The Entrepreneur shall make arrangements at his own expense for the safety of

his plant and people as required. In case the Entrepreneur fails to make such

arrangements, the Engineer shall be entitled to cause them to be provided and to

recover the cost thereof from the Entrepreneur

3.11 SITE CLEARANCE:

The Entrepreneur after completion of the work shall clear the site of all debris

and remove all unused materials, plant, machinery equipments tools etc. The

Entrepreneur Shall also have to clear the Site of all temporary works, Structures,

site office labour camps, utility lines etc. constructed / erected for the execution

of the project and obtain a completion certificate from the Engineer. The work

shall be treated as complete only after the Engineer issues a relevant completion

certificate.

3.12 SETTLEMENT OF DISPUTES:

47

Under no circumstances whatever shall the Entrepreneur be entitled to submit

any claim for consideration of the Thane Municipal Corporation on any account

unless the Entrepreneur shall have given sufficient prior intimation and shall

have submitted the details in writing to the Engineer within one month of the

cause of such claim.

(i) Except where otherwise specified in the contract document and subject to the

powers delegated to him by the Thane Municipal Corporation under the codes /

rules then in force the decision of the Commissioner, Thane Municipal

Corporation shall be final, conclusive and binding on all parties to the contract,

upon all questions relating to the meaning of the specifications, designs,

drawings, and instructions herein before mentioned and as to the quality or

workmanship or materials used on the work or as to any other question claim

right matter or thing whatsoever if in way arising out of or relating to the

contract, designs, drawing, specifications, estimates, instructions, orders or

these conditions or otherwise concerning the works or the execution or allure to

execute the same, Whether arising during the progress of the work or after the

completion or abandonment lent thereof or during operation or maintenance.

(ii) The Entrepreneur may within thirty days of receipt by him of any order by the

Executive Engineer as aforesaid, appeal against it to the City Engineer, TMC

provided that the amount of claim is not less than Rs. One Lakh

(iii) The conditions stipulated in the notice inviting tender shall also be applicable

and shall form part of the contract.

3.13 EXCEPTED RISKS :

In case the work is damaged, due to any of the excepted risks listed below and if

the insurance tit-ell Out by the Entrepreneur does not cover damage due to

excepted risks, then the Government shall compensate the Entrepreneur for the

damage due to Such excepted risks in a manner as may be decided by the

Government Such compensation shall be in any form as may be decided by the

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Government, including extension in concession period, War, hostilities (whether

war be declared or not), Invasion, act of foreign enemies, rebellion, revolution,

insurrection or military rule or usurped power, civil war, or unless solely

restricted to employees of the Entrepreneur or- of his Subcontractors and arising

for the conduct of the works riot, commotion or disorder, or use or occupation

by the employer of any part of the permanent works or radiation or

contamination by radioactivity from any nuclear fuel or from any nuclear waste

from combustion of nuclear fuel, radioactive toxic explosive or other hazardous

properties of any explosive, nuclear assembly or nuclear component thereof, of

pressure waves caused by aircraft or other aerial devices traveling at sonic or

supersonic speeds or any such operation of the force of nature as an experienced

Entrepreneur could not foresee or reasonably make provision for or insure

against, all of which shall herein collectively be referred to as the excepted

risks.

3.14 FORCE MAJURE:

If at any time during the execution / completion of the project, the Entrepreneur

is not able to proceed with construction / completion of the project for more

than a month due to any reasons beyond his control such as fire earthquake,

floods, storm or any other such natural calamity, riots, civil commotions, the

Thane Municipal Corporation shall compensate the Entrepreneur for such loss

in a manner and form as may be decided by the Thane Municipal Corporation.

The demand for such force major claim shall be submitted to the Thane

Municipal Corporation. The Thane Municipal Corporation however, shall have

the option of extending the concession period, in lieu of such payment for any

other reason; the Thane Municipal Corporation shall not compensate the deficit,

loss or shortfall.

3.15 LABOUR

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The Entrepreneur shall comply with all the statutory provision in respect of all

the employees employed by him on the project such as the Minimum Wages

Act 1948 Payment of Wages Act 1936, Apprentices Act 1961, Contractor

Labour (Regulation and Abolition) Act 1970 the E.P.F. Act 1952, Mines Act,

Workmens Compensation Act, Migrant Labour Act etc.

3.16 LOCAL LABOUR:

The Entrepreneur shall employ a least 80 percent of the total number of required

unskilled labour to be employed by him on the said work, from the persons

ordinarily residing, in the district in which the site of the work stands located.

This shall be binding and obligatory on the part of Entrepreneur provided

however that if the required number of unskilled labour are not available from

the district, the Entrepreneur shall in the first instance, employ such number of

persons as are available and thereafter shall with the previous permission in

writing of the Engineer obtain the rest of the required unskilled labour from

other districts only from the State of Maharashtra

3.17 LANGUAGE:

All notices, certificates, correspondence or other communications under or in

connection with this Contract Document, the project and all words shall be in

English/Marathi

3.1 8 NOTICES:

Any notice to be given hereunder shall be in writing and shall either be

delivered personally or sent by registered post, telex, facsimile transmission or

other means of telecommunication in permanent written from The addresses and

numbers for service of the Department and of the Entrepreneur shall be those

stated therein or such other address or number for service as the part to be

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served may have previously notified in writing to the other party. A notice shall

be deemed to have been served as follows:

(a) If personally delivered at the time of delivery,

Or

(b) If sent by registered post A.D., telex, facsimile transmission or other

means of telecommunication, at the time of delivery or transmission

thereof

3.19 LAWS:

The Entrepreneur shall be all times during he continuance of the contract,

comply fully with all existing Acts, regulations and bye-laws, including all

statutory amendments and re-enactment of State Government or Government of

India and other local authorities and any other enactment, notifications and acts,

that may be passed In future, either by the, State Government or the

Government of India or local authorities including Indian Workmens

Compensation Act, Contract labour (Regulation and Abolition) Act, 1970 and

Equal Remuneration Act, 1976, Industrial Disputes Act, Maharashtra Contract

Labour Regulation and Abolition Rules, 1971, Dock Workers Scheme 1961,

Factories Act Minimum Wages Act, Provident Fund Regulations, Employees

Provident Fund Act and scheme made under same act, health and sanitary

arrangements for workmen, insurance and other benefits and shall keep the

Thane Municipal Corporation indemnified in case any action is commenced for

contravention by the Entrepreneur. If the Thane Municipal Corporation is

caused to pay or reimburse such amounts as may be necessary to cause or

observe or for non-observance of the provisions stipulated henceforth on the

part of the Entrepreneur, the Thane Municipal Corporation shall have the right

to deduct from any money due to the Entrepreneur or from his amount of

performance Security or recover from the Entrepreneur personally any sums

required or estimated to be required for making good the loss or damages

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suffered by the Thane Municipal Corporation. If the amount of performance

Security is not sufficient to make up loss or damage caused to the Thane

Municipal Corporation and the Entrepreneur does not pay the requisite amount

within 30 days, the Thane Municipal Corporation shall have a right to file a suit

against him in the appropriate Court of Law or confiscate his properties in order

to make-up the loss or recover the amount as Arrears of land Revenue.

3.20 PERMISSION FROM POLICE DEPARTMENT (TRAFFIC):

The Entrepreneur shall obtain the necessary clearance from the Police

Department (Traffic) regarding the manner in which the Construction of foot

over-bridge will be carried out without causing any hindrance to movement of

traffic on the Road. The Thane Municipal Corporation shall, however, render

assistance not involving financial burden on TMC. However the Engineer shall

decide the sequence of construction.

3.21 CANCELLATION OF CONTRACT IN FULL OR IN PART:

3.21.1 If the Entrepreneur:

(a) Commits default in complying with any of the terms and conditions of

contract and does not complete the agreement within fourteen days after

a notice in writing is given to him in that behalf by the Engineer or,

(b) Shall offer or give or agree to give to any person in Thane Municipal

Corporation service or to any other persons on his behalf a gift or

consideration of any kind as an inducement or reward for doing or for

bearing to do or for having done or forborne to do any act in relation to

the obtaining or execution of this or any other contract from the

Government or,

(c) Shall obtain a contract with the Thane Municipal Corporation as a result

of ring bidding or other non-bonafide methods or competitive bidding

or,

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(d) Being an individual or a firm, any partner thereof shall at any time be

adjudged insolvent or have a receiving order for administration of his

estate made against him or shall take any proceedings for liquidation or

composition (Other than voluntary liquidation for the purpose of

amalgamation or reconstruction) under any insolvency Act for the time

being in force or make any conveyance of assignment of his effects or

composition or arrangement for the benefit of his creditors or purport so

to do or if any application be made under any Insolvency Act for the

time being in force for the sequestration of his estate or it a trust deed be

executed by him for his creditors or,

(e) Being a company, shall pass a resolution or the court shah make an order

for the liquidation of his affairs or a receiver or a manager on behalf of

the debenture holders shall be appointed or circumstances shall arise

which entitle the Court or debenture holders to appoint a receiver or a

manager or,

(f) Shall suffer an execution being levied on his goods and allow it to be

continued for a period of 21 days or,

(g) Assigns, transfers, sublets (engagement of labour on a piecework basis

or labour with materials not to be incorporated in the work shall not be

deemed to be subletting or attempts to assign, transfer or sub-let the

entire works or any portion thereof without the prior written approval of

the Engineer. The Engineer may without prejudice to any other right or

remedy which shall have accrued or shall accrue there after to the

Government by written notice, cancel work as a whole or only such

items of work in default from the contract.

3.21.2 The Engineer shall on such cancellation, have powers to:

(a) Take possession of site and any materials, construction equipments,

plants, equipments stores etc. thereon and / or

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(b) Carry out the remaining incomplete work by any means, at the risk and

cost of the Entrepreneur.

3.21.3 On cancellation of the contract in full or in a part, the Thane Municipal

Corporation shall determine what amount, if any, is payable to the Entrepreneur

for the value of the work executed by him up to the time of cancellation. This

valuation shall be based on the D.S.R. applicable for the works under execution

plus 15%. Entrepreneur shall be eligible to get only 90% of this value amount.

This amount shall be paid to him in Suitable Installments at 9% rate of simple

interest from the date of termination. The performance security of the

Entrepreneur shall be forfeited. Suitable rates or prices shall be agreed between

the Executive Engineer and Entrepreneur for items not covered under D.S.R. In

event of disagreement, the City Engineer shall fix such rates or prices that in his

opinion be reasonable and proper.

3.22 VARIATION:

3.22.1 The expression Variation shall mean an order issued by the Engineer

requiring a variation, change modification or alteration in or to the general

characteristics or any of the design criteria, objectives, standards or

requirements or the scope of any item of the timing or sequence of construction

covering the entire project.

3.22.2 The Engineer may order Variation as above, if such Order does not involve any

material change in the scope of nature of the project.

3.22.3 In the event that the Engineer proposes to Issue a Variation Order he shall give

written notice thereof to the Entrepreneur who shall indicate as soon as

reasonably practicable, after receipt of the notice but not later than fifteen days:

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(a) The requirements as to the adjustments to the completion date, project

cost and the concession period, which the Entrepreneur then considers

appropriate as a result of such variation.

(b) Whether the said variation may lead to a defective design, which may

prevent the Entrepreneur from complying with his duties, obligations

and warranties there under and propose a modification or modifications

to the proposed variation necessary in order to enable compliance with

duties, obligations and warranties.

3.22.4 (i) If the Entrepreneur proposes a variation, written notice thereof shall be

given to the Engineer.

(ii) On receipt of a proposal under sub-clause (i), the Engineer shall indicate

in writing within 30 days whether or not he has any objection to the

proposed variation, and in case the Engineer has no objection he shall

give a written approval to the proposed variation.

3.22.5 For avoidance of doubts, it is hereby clarified that approval by the Engineer of a

variation proposed by the Entrepreneur shall not, unless exclusively agreed,

constitute variation order or in itself entitled the Entrepreneur to an adjustment

to the completion date, project cost or cancellation period as in para 4.5.3 (a)

above.

3.22.6 As result of such variation, the target date and project cost shall be adjusted by

the Engineer by modifying the concession period. All the items included in the

variation order shall be valued at the rates and prices based on DSR rates

prevailing at the time of variation order plus 15 percent. Suitable rates or prices

shall be agreed between Executive Engineer and the Entrepreneur for items not

covered in the D S.R. In the event of disagreement the City