request for proposal for the design, … suvidha kendra, at karamba,tal-north...
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Page 1 of 196
REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
REQUEST FOR PROPOSAL
FOR THE
DESIGN, BUILD, FINANCE, CONSTRUCTION, DEVELOPMENT,
IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE
JAN SUVIDHA KENDRA, AT KARAMBA,TAL-NORTH
SOLAPUR,DIST-SOLAPUR,MAHARASHTRA
Address
Public Works Division,
Sat Rasta, Near Govt. Milk Dairy, Solapur 413 001
Page 2 of 196
REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
PUBLIC WORKS DEPARTMENT Government of Maharashtra
Request for Proposal No _________________
(“Request for Proposal”)
FOR
DESIGN, BUILD, FINANCE, CONSTRUCTION, DEVELOPMENT,
IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE JAN
SUVIDHA KENDRA,AT KARAMBA,TAL-NORTH SOLAPUR,DIST-
SOLAPUR,MAHARASHTRA
The Public Works Department, P. W. Division, Solapur. Government of Maharashtrainvites
bidsfrom eligible bidders who satisfy the requirements of terms and conditions of the Request
for Proposal, including without limitation, the technical and financial eligibility requirements, and
/ or who have already qualified in the Expression of Interest (EOI) bearing
,asperthetermsandconditionslaid downin thisRequest for Proposaland the Concession
Agreement,as set out in Section II of the Request for Proposal document.
The following persons may be contacted for visitingtheSite(s) withpriorintimation:
Name: Executive Engineer P.W. Division Solapur.
Contact Details: .(0217)2312310
Email: [email protected]
Copies of the Request for Proposal can be downloaded from
www.maharashtra.etenders.in from 20-12-2016 to 16-01-2017 between 10:00 hours to
23:00 hours (Indian Standard Time) on payment of Rs. 5,000/- (Rupees five thousand only)
through the online e – payment gateway.
A Pre – BidMeeting with the Bidders will be held on 06-01-2017 at 15.00 Hrs in the office of
Chief Engineer, Public Works Region, Pune.
The bids will be opened in the presence of the Bidders in the office of Superintending Engineer,
Public Works Circle, Solapur.
The date of opening for the technical bid shall be: 25-01-2017 and the date of opening of the
financial bid shall be: 30-01-2017
Bids shall be submitted online on at: www.maharashtra.etenders.in, or before 19-01-2017
till 23:00 hours. Late or delayed submissions will not be accepted.
Designationof theissuing authority,
OFFICE OF EXECUTIVE ENGINEER,
Public Works Division,Solapur. Sat Rasta, Near Govt. Milk Dairy,
Solapur 413 001 Ph.No.(0217)2312310
Email- [email protected]
Page 3 of 196
REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
TABLE OF CONTENTS
SECTION -I
DISCLAIMER ....................................................................................................................... 5
INVITATION FOR BIDS....................................................................................................... 8
GENERAL INFORMATION ........................................................................................................ 8
PROJECT BACKGROUND ....................................................................................................... 11
BACKGROUND OF JAN SUVIDHA KENDRAS ............................................................................ 11
GENERAL TERMS AND CONDITIONS FOR THE TENDER PROCESS ...................................15
EVALUATION OF BIDS .......................................................................................................... 15
MINIMUM ELIGIBILITY CRITERIA ........................................................................................... 15
BIDS TO BE SUBMITTED BY A JOINT VENTURE OR BY SINGLE BIDDERS: ..................................... 16
FEE AND DEPOSITS TO BE PAID BY THE BIDDER ...................................................................... 19
SUBMISSION OF FOREIGN DOCUMENTS AND OTHER REQUIREMENTS ........................................ 21
USING NET WORTH AND / OR EXPERTISE OF HOLDING / PARENT COMPANY ............................... 22
ONE BID PER BIDDER ........................................................................................................... 22
BID PREPARATION AND COSTS .............................................................................................. 22
DUE DILIGENCE, INSPECTION AND INVESTIGATION ................................................................. 23
VALIDITY OF BIDS ................................................................................................................ 23
RIGHT TO REJECT BIDS ........................................................................................................ 23
MISREPRESENTATION AND / OR FRAUD AND / OR BREACH OF TERMS AND CONDITIONS ............. 23
AMENDMENTS TO THE RFP .................................................................................................... 24
GOVERNING LAW AND JURISDICTION..................................................................................... 24
TENDERING PROCEDURE AND SCHEDULE .......................................................................25
GENERAL REQUIREMENTS .................................................................................................... 25
PRE – BIDMEETING .............................................................................................................. 25
PREPARATION AND SUBMISSION OF BIDS ............................................................................. 25
SCHEDULE OF THE TENDER PROCESS ................................................................................... 26
LANGUAGE ANDCURRENCY ................................................................................................... 27
GENERAL RESPONSIBILITIES OF THE BIDDER ....................................................................... 27
SUBMISSION OF BIDS .......................................................................................................... 28
MODIFICATION AND / OR WITHDRAWAL OF BIDS .................................................................. 29
OPENING OF THE BIDS ........................................................................................................ 29
EVALUATION OF BIDS .......................................................................................................... 30
CONFIDENTIALITY ............................................................................................................... 34
ACCEPTANCE OF BIDS .......................................................................................................... 34
EXECUTION OF THE CONCESSION AGREEMENT ...................................................................... 34
BIDS OF OTHER BIDDERS .................................................................................................... 35
MISCELLANEOUS ................................................................................................................. 36
PRESCRIBED FORMATS ....................................................................................................37
A. LETTER OF APPLICATION AND INTEREST ....................................................................... 37
B. GENERAL INFORMATION ON THE BIDDER ....................................................................... 40
C. FORMAT FOR FINANCIAL BID ........................................................................................ 41
D. AFFIDAVIT ................................................................................................................... 43
E. FORMAT FOR POWER OF ATTORNEY FOR SIGNING OF APPLICATION AND OTHER
REQUIRED DOCUMENTS ....................................................................................................... 45
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REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
F. FORMAT FOR BID SECURITY AS BANK GUARANTEE ......................................................... 46
G. POWER OF ATTORNEY BY EACH MEMBER OF THE JV IN FAVOUR OF LEAD MEMBER ........... 49
H. FORMAT OF PARENT / HOLDING COMPANY DEED OF GUARANTEE .................................... 50
I. FORMAT OF SELECTED BIDDER GUARANTEE TOWARDS SPC ............................................ 53
J. DRAFT JOINT VENTURE AGREEMENT .............................................................................. 56
K. FORMAT OF DEED OF GUARANTEE (IN CASE OF JV) TOWARDS SPC (IF APPLICABLE AND
AFTER LOA) ........................................................................................................................ 61
L. POWER OF ATTORNEY BY THE LEAD MEMBER OF THE JV IN FAVOUR OF ITS DULY
AUTHORIZED REPRESENTATIVE ............................................................................................ 64
M. FORMAT OF LETTER OF AWARD ..................................................................................... 65
SECTION – II The Concession
Agreement…………………………………………………………69
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REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
SECTION – I
Page 6 of 196
REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
DISCLAIMER
Theinformation contained in thisRequest forProposal (“RFP”)documentorsubsequently
providedtobidders,whetherverballyorindocumentary formby oronbehalfof (Executive Engineer, Public
WorksDivison, Solapur.)oranyofitsemployeesoritsadvisors,isprovided to bidders
onthetermsandconditionssetoutinthisRFP and the Concession Agreement as set out in Section – II
hereto, and any other terms and conditions subject to which such information is provided.
ThisRFPisnotanagreementandis notanofferorinvitationtoany other party.ThepurposeofthisRFPis to
providethebidderswithinformationto assisttheformulationoftheirbidsubmission.
ThisRFPdoesnotpurporttocontainalltheinformationeachbiddermay require. ThisRFPmay notbe
appropriate forallpersonsanditisnotpossiblefor(Executive Engineer, Public Works Division
Solapur.)andtheir employeesand / oradvisorstoconsiderthe investmentobjectives,financial
situationandparticularneedsofeachbidder.Certainbiddersmay haveabetter
knowledgeoftheproposedProject thanothers. Each recipientmustconductits own analysis of the
information contained in this RFP or to correct any
inaccuraciesthereinthatmayappearinthisRFPandisadvisedtocarryout its owninvestigationintothe
proposed Project, thelegislativeandregulatory regimes
whichappliestheretoandbyandallmatterspertinenttotheproposedProjectandto
seekitsownprofessionaladviceonthelegal,financial,regulatory andtaxation
consequencesofenteringintoany agreementorarrangementrelatingto theproposed Project.
The Executive Engineer, Public Works Division Solapur.Andtheir employeesandtheiradvisorsmake no
representationorwarrantyandshall incurnoliabilityunderapplicable lawsforany loss,expenseor
damage,accuracy,reliability orcompletenessof theRFP,whichmay arise fromorbe incurred orsuffered
in connectionwith anythingcontained inthis RFP,any matterdeemedto
formpartofthisRFP,theawardoftheProject,the informationandany otherinformationsuppliedby
oronbehalfExecutive Engineer, Public Works Division Solapurortheiremployees,any
consultantsorotherwisearisinginanyway from the selectionprocessfor theProject.The information
given is not intended to be an exhaustive account of statutory requirements and should not be
regarded as a complete or authoritative statement of law. The Executive Engineer, Public Works
Division Solapurhereby accepts no responsibility for the accuracy or otherwise for any interpretation
or opinion on law expressed herein. The Executive Engineer, Public Works Division Solapuralso
accepts no liability of any nature whether resulting from negligence or otherwise howsoever caused
arising from reliance of any bidder upon the statements or any information contained in this RFP.
The Executive Engineer, Public Works Division Solapurmay
initsabsolutediscretion,butwithoutbeingunderany obligationtodoso,can amend or supplement the
information/clauses/articles in this RFP. The information that theExecutive Engineer, Public Works
Division Solapurisinapositionto furnishhislimitedtothisRFP,alongwithany
amendments/clarificationsthereon.ThisRFPand
theinformationcontainedhereinareconfidentialandforuseonlybytheperson towhom
itisissued.Itmaynotbecopiedordistributedbythe recipientto thirdparties (otherthan inconfidence tothe
recipient'sprofessionaldvisors). Intheevent that therecipientdoes
notcontinuewiththeinvolvementintheProjectinaccordance withRFPtheinformation
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REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
containedintheRFPshallnotbedivulgedtoany other party.The informationcontained in theRFP
mustbekeptconfidential.Meresubmissionofa responsiveBid/Proposal doesnot
ensureselectionofthebidderasthe Concessionaire. The issue of this RFP does not imply that the
Executive Engineer, Public Works Divison, Solapur.is bound to select a bidder or to appoint the
successful bidder, for the execution of the scope of work and other requirements, and the Executive
Engineer, Public Works Divison, Solapur.Reserves the right to reject all or any of the bidders or bids
without assigning any reason whatsoever.
The bidder shall bear all costs associated with or relating to the preparation and submission of its bid
including but not limited to preparation, copying, delivery fees, expenses associated with any
demonstrations or presentations which may be required by the Executive Engineer, Public Works
Divison, Solapur.or any other costs incurred in connection with or relating to its bid. All payment of
such costs and expenses will lie with the bidder and the Executive Engineer, Public Works Divison,
Solapur.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 or submission of the bid, regardless of the conduct or
outcome of the bidding process.
The bidder on submission of the first bid shall be deemed to have acknowledged and undertaken that
based on the terms and conditions of the RFP, the bidder shall execute the works which are suitable
for the Project and shall recommend the same in its bid after taking into consideration the effort
estimated for implementation of the same. If any duties, responsibilities and / or obligations not
specifically described in the RFP and / or the Concession Agreement are an inherent, necessary or
customary part of the deliverables, performance of any duties, responsibilities and / or obligations
and are required for proper performance or provision of the deliverables or services in accordance
with the Concession Agreement, they shall be deemed to be included within the scope of the
deliverables, duties, responsibilities and / or obligations, as if such deliverables, duties,
responsibilities and / or obligations were specifically required and expressly described in the RFP and
/ or the Concession Agreement and shall be provided by the bidder as part of the performance of its
duties, obligations and responsibilities.
Page 8 of 196
REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
1. INVITATION FOR BIDS
1.1. GENERAL INFORMATION
1.1.1. The Public Works Department, the Government of Maharashtra(the “Authority”),
represented by the Executive Engineer, Public Works
Division,Solapur.IntendstodevelopJan Suvidha Kendra and the Project (as defined
under the Concession Agreement) including without limitation the construction of
toilets in general and ladies toilets with drinking water and other public amenities
atlocation mentioned in Schedule – IV of the Concession Agreement.
1.1.2. ThisRequestforProposal(“RFP”)isfortheProjectdesign, finance, inspection, survey,
development, construction, implementation, operationandmaintenanceoftheJan
Suvidha Kendra atthe Site (as defined under the Concession Agreement)mentioned in
Schedule – IV of the Concession Agreement,from the following eligible bidders (the
“Bidders”) or who have already qualified under the Expression of Interest
(EOI)bearing
(i) Individuals;
(ii) Partnership firms, within the meaning of the Indian Partnership Act, 1932;
(iii) Limited Liability Partnerships, within the meaning of the Limited Liability
Partnership Act, 2008;
(iv) Company and / or corporations, within the meaning of the Companies Act,
2013;
(v) Statutory corporations, incorporated under any act and / or statute of the
Government of India or any state government;
(vi) A registered society under any any act and / or statute of the Government of
India or any state government;
(vii) An association of persons, within the meaning of the Income Tax Act, 1961;
and,
(viii) A joint venture entity(whether or not having separate legal personality) of two
or more of the above.
1.1.3. Multiple Bidders may also bid under a joint venture arrangement, in accordance with
the requirements of this RFP and shall submit the duly executed joint venture
agreement, in the form and format as set out in this RFP, to the Authority. The
invitation for bids is also open to foreign bidders, provided that they are bidding
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REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
under the joint venture arrangement, with at least one (1) Indian Bidder as part of
such joint venture arrangement, with such Indian Bidder as the Lead Member (as
defined under the Concession Agreement)
1.1.4. The selectedBiddershall duly incorporate a special purpose vehicle, as a private
company under the provisions of the Companies Act, 2013 in order to execute the
Project and perform its duties, obligations and responsibilities in this regard. The
special purpose vehicle (herein after called as the “Concessionaire”)shall enter into
the Concession Agreement (the “Concession Agreement”) in the form and format
as set out in Section – II hereto,for the design, finance, inspection, survey,
development, construction, implementation, operationandmaintenance of the Project,
forthe Concession Period (as defined under the Concession Agreement) as mentioned
in this RFP.
1.1.5. Asingle stagebiddingprocessshall be conductedfordetermination ofthe SelectedBidder (as
defined under the Concession Agreement).TheBidders
wouldberequiredtomeettheminimum
thresholdtechnicalqualificationconditionsandqualify forundertakingthe
Projectassetoutinthis RFP.This qualificationassessmentwouldbe carriedoutas
partofthecurrentbiddingandevaluationprocess. Thefinancial bidsofonly
thoseBiddersthatpossesstheminimumtechnical qualificationconditions as set out under
this RFP and have been submitted in compliance with the requirements as stated
hereinwouldbeopenedand evaluated.
1.1.6. The RFP contains information about the Project, the Site, biddingprocess, proposal
submission, the evaluation of bids, qualification,financial proposal requirement and the
award of the Project.
1.1.7. Copies of the RFP can be downloaded from www.maharashtra.etenders.in from
20-12-2016 to 16-01-2017 between 10:00 hours to 23:00 hours (Indian Standard
Time) on payment of Rs. 5,000/- (Rupees five thousand only) through the online e –
payment gateway.
1.1.8. A Pre – BidMeetingwith the Bidders shall be held on 06-01-2017 at 15:00 Hrs. in the
office of Chief Engineer, Public Works Region, Pune.
1.1.9. The bids will be opened in the presence of the prospective parties in the office of
Superintending Engineer, Public Works Circle Solapur.The date of opening for the
technical bid shall be: 25-01-2017 and the date of opening of the financial bid shall be:
30-01-2017
1.1.10. TheBids shall be submitted online on or before 19-01-2017 Proposal Due Date”) till
23:00 hours. Late or delayed submissions will not be accepted. The Authority, may in
its sole discretion, amend the Proposal Due Date.
1.1.11. IncaseapplicantsneedanyfurtherinformationabouttheProjectorneedaccess toany
otherdocuments relatedtotheProject and / or the Site,as availablewiththe Executive
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REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
Engineer, Public Works Division, Solapur.Oranyother information,
theyarerequestedtocontactbelow:
OFFICE OF EXECUTIVE ENGINEER,
Public Works Division,Solapur. Sat Rasta, Near Govt. Milk Dairy,
Solapur 413 001 Ph.No.(0217)2312310 Email- [email protected]
1.1.12. All capitalized terms used but not defined herein, shall have the meanings as ascribed to
such terms, under the Concession Agreement as set out in ‘Section – II’ hereto.
Page 11 of 196
REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
2. PROJECT BACKGROUND
2.1 BACKGROUND OF JAN SUVIDHA KENDRAS
2.1.1 Maharashtra state has a wide network of roads which includes State Highways, major
district roads, and other roads. A lot of people travel through these roads daily, in
which women travellers comprise a large number. Facility for resting, restaurants and
toilets are available on the State transport bus stands or road side hotels like dhobis.
Yet taking into account the hygiene and privacy factors, many of the above
mentioned facilities are in inhumane condition, leave alone provision of adequate
security measures for the women travellers during the night time.
2.1.2 To address these issues, the Government of Maharashtra has entrusted the Public
Works Department with the requisite authority, in public interest,for the execution of
the Project titled “Design, Build, Finance, Construction, Development,
Implementation, Operation and Maintenance of the Jan Suvidha Kendra, at
KARAMBA Tal-NORTH SOLAPUR.Dist-Solapur., Maharashtra” for the design, build,
finance, construction, development, implementation, operation and maintenance of
Jan SuvidhaKendras (the “Jan SuvidhaKendras”), proposing to provide certain
essential facilities, in public interest, including but not limited to toilet facilities, park
– like areas, parking areas, vehicle service areas, restrooms, shops, telephone and
internet facilities, ATMs, restaurants, water purifiers, sanitary napkin disposal
systems, solar systems, external and internal beautification, internal roads,
compound wall, sewage treatment plant, effluent treatment plants, CCTV surveillance
system, other security measures for safety of the Users, etc. in accordance with the
requirements of this RFP, the Concession Agreement under Section – II hereto,
applicable laws and applicable permits and clearances.
2.1.3 This Jan Suvidha Kendra is a public facility which shall have the facilities as set out
under the Concession Agreement, under Section – II hereto, at which drivers and
passengers can rest, service their vehicles or refuel without exiting on to secondary
roads. The maximum built up area and minimum built up area of the proposed
facility for the construction of the Jan Suvidha Kendra and execution of the Project
shall be categorically stated, by the Bidders, as part of the bid submission.
2.1.4 The scope of the Project and the duties, responsibilities and obligations of the
Concessionaire are set out under Schedule – I of the Concession Agreement.
2.1.5 As a part of this process the Authority has identified the Site, the details of which are
set out in Schedule – IVof the Concession Agreement, for the construction of such Jan
Suvidha Kendra, the Project and for the performance of the duties, responsibilities and
obligations of the Concessionaire. The Site shall be provided to the Concessionaire, on
leave and license basis for a period of fifteen (15) years (“Concession Period”), in
accordance with the terms and conditions of the Concession Agreement.In consideration
of the grant of the Site in accordance with the terms as stated in the Concession
Agreement, the Bidder has to pay the License Fees(as defined under the Concession
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REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
Agreement) to the Authority, on being awarded the Project, and such other payments
as required in accordance with the terms and conditions of the Concession
Agreement. The Concessionaire has to provide the services to the Users (as defined
under the Concession Agreement) as are required under this RFP, during the
Concession Period.
2.1.6 On the completion of the Concession Period the Project, the Site and all Assets (as
defined under the Concession Agreement) therein, shall be handed over by the
Concessionaire to the Authority, in accordance with the terms and conditions of the
Concession Agreement. The Concessionaire shall only use the Site for the execution of
the Project and for the performance of its duties, obligations and responsibilities as
stipulated under the RFP and the Concession Agreement. Any use of the Site for any
other purpose not stipulated under the RFP and the Concession Agreement, without
prior permission/ approval of the Concessionaire, shall be liable for severe action from
the Authority and in such event, the Authority shall have the discretion to terminate
the Project without any claims and / or liabilities to the Concessionaire. In the event,
that the availability of land at the Site is less than that as stipulated in the RFP, the
Concessionaire shall submit a plan to accommodate to the extent of such land at the
Site, as available.
2.2 LOCATIONS OF SITES FOR JAN SUVIDHA KENDRA:
The following are the proposed locations of the Site as proposed for Jan Suvidha
Kendra and the Project in Public Works Division, Solapur.
Sr. No. District Name of road Location Available
area of land
(sq.metres)
1 Solapur NORTH
SOLAPUR-
Solapur Road
S.H. 204
KARAMBA
(km 22/100)
2105.68
2.3 PROJECT STRUCTURE, SOURCE OF FUNDS AND SOURCE OF REVENUE
(a) The scope of work of the Concessionaire includes without limitation the design,
build, finance, construction, development, implementation, operation and
maintenance of the Jan Suvidha Kendra and the Project and such other duties,
obligations and responsibilities of the Concessionaire, as set out in the
Concession Agreement, to be performed by the Concessionaire in accordance
with Applicable Laws (as defined under the Concession Agreement), Clearances
(as defined under the Concession Agreement) and Good Industry Practice (as
defined under the Concession Agreement).
(b) The Concessionaire shall propose to the Authority, the various facilities as
proposed to be built at the Jan Suvidha Kendra, in keeping with, the scope of
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REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
work as set out under Schedule – IV of the Concession Agreement, the
requirements of the Jan Suvidha Kendra, the Site, the Clearances and Applicable
Laws.
(c) The Concessionaire shall pay theLicence Fees to the Authority for the use of Site
during the Concession Periodandshall make such other payments as required in
accordance with the terms and conditions of the Concession Agreement.All
Taxes (including service tax and GST) applicable and/or payable on the Licence
Fees and the annual incremental premium shall be borne and discharged by the
Concessionaire at actuals as per the instructions of the Authority.
(d) TheConcessionaireshallhavetheexclusiveright,licensetodevelopthe Jan Suvidha
Kendra and the Project, subject to conditions as mentioned in the RFP and the
terms and requirements of the Concession Agreement.TheConcessionaire can
charge from the Users (as defined under the Concession Agreement) of the Jan
Suvidha Kendra and the Project, the Commercial Charges (as defined under the
Concession Agreement)and generate such other sources of revenue and to
recoup its investments, as proposed to the Authority during the tender process,
including but not limited to thefollowing:
(i) Commercial Chargesfrom proposedshops,
facilities,ATMcenters,rentablespaceother than mobile towers.
(ii) Commercial Chargesfrom displayingadvertisements at the Jan Suvidha
Kendra and the Project.
(iii) Commercial Chargesfrom restaurants, food stallstobebuilt, vehicle repair
centers, etc. at the Jan Suvidha Kendra and the Project.
(iv) Apart from theabove,anyotherrevenuestreamcanalsobeproposedby
theBidder to the Authority, during the tender process.Howeverthe
samehas to be approvedbytheAuthoritybeforeimplementation. The Bidder
shall provide such other information, in this regard, as may be requested
by the Authority.
(e) TheConcessionaireshall prepareadetailedProjectReport(as defined under the
Concession Agreement) withthe requisite designspecificationsand other
information, andpursuant toitsapproval,completetheProject
withinthestipulatedImplementationPeriodof 6 Months
(f) The Concessionaire can charge from the Users of the Jan Suvidha Kendra and
the Project, the Commercial Charges and generate such other sources of
revenue to recoup its investments, as proposed to the Authority during the
tender process. However the same shall be approved by the Authority /
Engineer in charge before implementation.
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REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
2.4 END OF THE CONCESSION PERIOD
AttheendoftheConcessionPeriod,byeffluxoftimeorprematuretermination
foranyreasonwhatsoever,allrights and / or benefitsaccordedundertheAgreement
shallceasetohaveeffectandtheJan Suvidha Kendra, the Project and the
Siteincludingwithout limitation theassets(i.e.bothmovableandimmovableassets,
whether provided by theAuthorityorbroughtinby
theConcessionaireduringthesubsistenceof theAgreement),thereofshall transferback
tothe AuthorityaspertheprovisionsoftheConcession Agreement.All
themovableandimmovable assetsattached shallreverttothe Authoritywithoutany
obligationonAuthority topay oradjustany considerationor make any other payment
totheConcessionaire.
2.5 SCOPE OF WORK
The scope of work of the Concessionaire includes without limitation the design, build,
finance, construction, development, implementation, operation and maintenance of
the Jan Suvidha Kendra and the Project and such other duties, obligations and
responsibilities of the Concessionaire as set out in the Concession Agreement in
accordance with Applicable Laws, Clearances and Good Industry Practice as more
particularly set out in the Concession Agreement.
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REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
3. GENERAL TERMS AND CONDITIONS FOR THE TENDER PROCESS
3.1. EVALUATION OF BIDS
Theevaluationof thebids by the Biddersshall be broadly conducted as follows:
(a) STEP1–Openingof technical proposalsandshort – listing of Bidders on the basis
of such technical evaluation; and,
(b) STEP 2– Opening of financial proposals of technically qualified Bidders and final
selection of the selected bidder as set out under this RFP.
3.1.1. Theentirebidding processhasbeenexplainedelaboratelyinClause4of Section–I of this RFP.
3.1.2. TheProjectshall beawarded tothetechnicallyqualifiedBidderscoring the maximum points
under the tender evaluation process, conducted in accordance with the requirements as
set outunder the RFP. The bids to be submitted by the Bidders shall include the
following information and other information as may be requested by the Authority
from the Bidders, from time to time:
(a) Thebidshallconsistof the detailed project plans of the proposed facilities to be
constructed at the Jan Suvidha Kendra and the Project, the documents and / or
information as required under this RFP and such other information as may be
requested by the Authority from the Bidder.
(b) The bidshallconsistofthe Bidder’s quote of theLicence Feesthat the bidder shall
pay to the Authority, for use of the Site for the period of the Concession Period,
upon due selection and award of the Project.
(c) Thebid shall consist ofthe facilities as proposed to be constructed by the bidder,
including without limitation,facilities for parking, drinking water, toilet facilities,
sanitary requirements for women in accordance with the scope of work, as set
out under the Schedule – IV of the Concession Agreement.
3.1.3. Theselected biddershallbe issued the Letter of Award (“LoA”) in the form and format as
set out in Clause 5 (M). After issuance of theLoA,by the Authority, in writing the
selected biddershallduly incorporate the Concessionaire and the Concessionaire shall
enter intothe Concession Agreement with the Authority within45 (forty –
five)daysofthe date of issuance of theLoA or thedateas mutuallyagreedbetween
theAuthority and the selected Bidder.
3.2. MINIMUM ELIGIBILITY CRITERIA
3.2.1. TheBidder shouldbelegally competent toenter intoacontractas per Applicable Laws.
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3.2.2. OnlythoseBidderswho satisfyboththe following conditions (“Minimum Eligibility
Criteria”) and submit otherrelevantdocumentsand / or information asper
Clause5andotherprovisionsofSection– Iof thisRFPshall bedeclared “Eligible”for
theProject.
(a) Technical Eligibility Criteria
Experiencein theconstruction, development / operation
andmaintenanceofprojectsmentionedin‘a’ and ‘b’.
a. Construction / developmentofatleastone (1)numberofeither Jan Suvidha
Kendra like facility which shall include toilet facilities, restaurant
facilities and parking facilities etc. / publictoiletorcommunity toiletand
itssatisfactoryoperation andmaintenance foraminimumperiodofthree
(3)yearsbefore theProposal DueDate;
AND
b. Operationandmaintenance of atleast one (1)Jan Suvidha Kendra like
facilityforaminimumof two (2) years and/ orthree
(3)numbersofeitherpublictoiletsor communitytoiletsforaminimum periodof
three (3)yearsbeforetheProposal DueDate.
(b) Financial Eligibility Criteria
The audited financial statements, by a duly appointed auditor, along with the
statement if the auditor and such information as requested by the Authority, in
support of these shall be furnished:
a. The Bidder should have minimum average annual turnover
ofRs.3crores(Rupees three crores only)for the last three years(i.e. 2013 –
14to2015 – 16);
AND
b. The Bidder should have minimum net worth of Rs.3crores(Rupees three
crores only).
3.3. BIDS TO BE SUBMITTED BY A JOINT VENTURE OR BY SINGLE BIDDERS:
3.3.1. Therecanbeamaximumof3(three) members inaJoint Venture(JV)arrangement.
3.3.2. TheLeadMember of a JV,independently,shallberequiredto satisfyheTechnical Eligibility
CriteriamentionedinClause3.2.2(a).However,for theFinancialEligibility Criteria,as
laiddowninClause3.2.2 (b),theaggregatefinancialsoftheJVmembersshall be considered.
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3.3.3. Any materialchangesin the member’shipofa Bidderwillberejected by the
Authority.Proposalssubmitted byajoint venture mustinclude duly executed joint venture
agreement, in the form and format as set out under Clause5(J) of this RFP, between
the various Joint Venture (“JV”) members stamped in accordance with Applicable
Laws,whichdescribestheresponsibilitiesandproposedequitycommitmentsof
eachmemberintheJV.OneoftheJVmemberswouldberequiredtobe nominatedasthe
LeadMemberand the same shallalsobementionedintheJoint Venture (JV)Agreement.
3.3.4. Theselected Biddershall,interaliaformaspecial purpose vehicle (“SPC”), a private
companyregisteredinIndiain accordance with Applicable Laws,
fortheimplementationoftheProject and the performance of the duties, obligations and
responsibilities as envisaged under the Concession Agreement.The SPCshallbe formed
within30(thirty)daysofthe dateofthe LetterofAward.TheSPCwouldenterinto
theConcession Agreementandsubsequently carry outalltheduties, obligations and
responsibilitiesof theselectedBidderandundertake theProject asstipulatedin
theConcession Agreement. The proposedshareholdingofthe membersoftheJVor the
Bidder intheSPC mustbeincompliancewith thecriteriaspecifiedin thisRFP.However,
themembershipstructureoftheBiddershallnotbechangedbytheBidder
withoutAuthority’spriorwrittenapproval.
3.3.5. Inaddition to theaboveobligations, theLeadMemberoftheJV / the selected Bidder shall
maintaina minimumquity shareholding in the SPCas mentioned below:
(a) The Lead Member/selected Bidder shall hold fifty – one percent (51%) Equity
(as defined under the Concession Agreement) in the Concessionaire till the
expiry of two (2) years from the date of issuance of the Implementation
Completion Certificate (as defined under the Concession Agreement); and,
(b) The Lead Member/selected Bidder shall continuously hold at least, twenty – six
(26%) percent Equity of the Concessionaire for the entire Concession Period.
3.3.6. MembersoftheJVshallbeliablejointly andseverally fortheexecutionofthe
Projectinaccordance withthetermsofthe Concession Agreementanda statement
tothiseffectshallbeincludedintheJointVenture (JV)Agreement
mentionedunderClause3.3.3above,aswellasinthebidand inthe Concession
Agreement.The Authoritymay requiresuch
documents/undertakings/indemnities,asitmaydeemfit,fromJVmembers and the Bidder
beforeoratthe timeofissuanceofLoA/executionofthe Concession Agreement.
3.3.7. EachoftheJVmembers shallberequiredtofurnishaDeedofGuaranteeas perthe
formatlaiddowninClause5(K), towardstheSPC,includingaresolutionfromthe Board of
Directors of suchJV members (in case of a company) or in other cases, by duly
authorized signatories of such entity in order to amount to a legal and binding
obligation on behalf of the JV members,pledgingtheirfinancial
strengthandtechnicalsupportandtheirexpertisetowardsthedevelopmentof theProject
and the performance of the duties, responsibilities and obligations as envisaged
under the Concession Agreement.
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3.3.8. Thesingle Bidder may also apply for the implementation of the Project. The single Bidder
would enter into the Concession Agreement and subsequently carry out all the
responsibilities of the selected Bidder and undertake the Project as stipulated in the
Concession Agreement.Thesingle Biddershallberequired to furnisha
DeedofGuaranteeaspertheformatlaiddowninClause5(I),includingaresolution of the
Board of Directors (in case of a company) fromsuch Bidderor in other cases, by duly
authorized signatories of such entity in order to amount to a legal and binding
obligation on behalf of the single Bidder, pledging its financial strength and technical
support and its expertise towardsthedevelopmentofthe Project.
3.3.9. The Lead Member nominated at the time of submission of the bids shall continue to
be the Lead Member of the SPC. Such Lead Member shall hold authorization in the
form of Power of Attorney. The bids must designate one or more person(s) to
represent the Bidder in its dealings with the Authority / the Engineer – in – charge.
Unless specifically informed to the contrary, prior to such performance, the
Authority will assume that the person(s) designated is authorized to perform
alltasks,including,butnotlimitedto,providinginformation,respondingto inquiries and
entering into contractual commitments on behalf of the Bidder or the JV as the case
maybe. Any and all limitations on the authority of the designated person(s) should
be detailed in the bids. The Lead Member should execute a Power of Attorney, in
the form and format as set out in Clause – 5 (L), in favour of the designated
person(s), who shall represent the Bidder. The Proposal must designate one or
more person(s) to represent the Bidder in its dealings with Engineer – in – charge.
Unless specifically advised to the contrary, Engineer – in – charge shall assume that
the person(s) designated is authorized to perform all tasks, including, but not
limited to, providing information, responding to inquiries and entering into
contractual commitments on behalf of the single/ individual Bidder as the case
maybe. Any and all limitations on the authority of the designated person(s) should
be detailed in the Proposal.The Bidder shall be required to give a guarantee for the
Project, if selected, in the form and format as set out in Clause – 5 (I) of this RFP.
3.3.10. EachmemberoftheJVshallsubmitasignedletter(ontheofficialletter head)with thebid,
whichstatesthat thesaid member:
(a) Hasreviewed theentirebid;
(b) Isinaccordwitheachkeyelementofthebid,including,butnotlimited to,its
technicaland pricecomponents,descriptionofthe member's
responsibilitiesandcommitmentstotheProject,andthedesignated
person(s)whowillrepresenttheJVduringthenegotiationprocess.Any
exceptionorqualification, for whatsoever reason,shouldbeaddressedinthenclosed
letter;
(c) Hasparticipatedinonlyonebidfor this Project; and,
(d) EachoftheJVmemberswillbejointlyandseverallyliabletothe Authority for the
purposes of execution of the Project.
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3.3.11. Allinformation that may adversely affect the performanceof the duties,
responsibilitiesand obligations, in accordance with the Concession Agreement, of a
Bidder or any JVmember–including without
limitationongoinglitigation,financialdistress,orany othersuch matter –mustbedisclosed
to the Authority.The bidders shall provide such evidence of their continued eligibility
satisfactory to the Authority as the Authority shall reasonably request from time to
time.The Authority reserves the right to verify all statements/ information submitted
to confirm the Bidder’s claim on experience, performance of equipment offered and
capabilities to perform the Project. The Authority may inspect such works of Bidders.
Bidder shall co – ordinate and arrange for visit to such works. However all expenses
of the Authority / Authority's representative will be borne by the Authority.
3.4. FEE AND DEPOSITS TO BE PAID BY THE BIDDER
3.4.1. BIDSECURITY
(a) Thebidshallbeaccompaniedby aninitialBidSecurity, in original,fora
valueofRs.50,000/-(Rupeesfifty thousandonly)inthe followingmanner:
Abankguarantee issuedbyascheduledbank, in accordance with the Reserve Bank
of India Act, 1934,infavourofExecutive Engineer, Public Works Division,Solapur
andin theformatgiveninClause5(F).
(b) TheBidSecurityshallbevalidforaminimumperiodof180( one hundred and eighty)
days fromthe ProposalDueDate.On a requestfromthe Engineer – in –
charge,theBidderswouldberequiredto extendthevalidity ofthe
BidSecurityonthesametermsandconditions.
(c) TheBidSecurity oftheselectedBiddershallbereturned after the signingof
theConcession Agreement.
(d) AnyBid submittedwithouttheBidSecurityin theformas specifiedin the RFPshall
besummarilyrejected.
(e) TheBidSecurityofBidderswhosebidisrejectedonaccount ofbeingnon –
responsiveornon – reasonableinaccordancewith
theRFP,shallbereturned/refunded withinaperiodofsixty (60)days
fromthedateofintimatingthe rejectionofthebidby the Authority
totheBidder.TheBidSecuritymay beencashedand appropriated bythe Engineer –
in – charge as liquidated damages as genuine pre-estimate of the loss caused
to the Authority,including but not limited to, the occurrence of the following
events at the sole discretion of the Authority:
a. IftheBidderwithdrawshisBidafterthe Proposal Due Date;
b. If the Bidder fails to accept and rectify the errors as intimated by the
Authority, within five (5) days from the date of such intimation;
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c. IftheselectedBidderfailswithinthespecifiedtimelimitto
furnishtherequiredPerformance Security;
d. If a Bidder engages in a corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice;
In this regard, the terms “corrupt practices”, “fraudulent practices”,
“coercive practices”, “undesirable practices” and “restrictive
practices” shall have the following meanings:
“Corrupt practice” means the offering, giving, receiving, directly or
indirectly, of anything of value to influence the action of a public official in
the bidding process;
“Fraudulent practice” means a misrepresentation or omission of facts
in order to influence the bidding process;
“Coercive practice” means harming or threatening to harm, directly or
indirectly, persons or their property to influence their participation in the
bidding process;
“undesirable practice” means establishing contact with any person
connected with or employed by the Authority with the objective of
canvassing, lobbying or in any manner influencing or attempting to
influence the bidding process; and,
“Restrictive practice” means forming a cartel or arriving at any
understanding or arrangement among bidders with the objective of
restrictive or manipulating a full and fair competition in the bidding
process.
e. Non – compliance with the requirements of the RFP or any other
document referred to herein or issued pursuant thereto or any Applicable
Laws relevant for the tender process;
f. Cancellation and / or rejection of the Bid by the Authority, for any reason
whatsoever;
g. Submission of more than one bid by the Bidder;
h. Non – extension of the bid validity period and / or the period of validity
of the Bid Security, at the request of the Authority, in accordance with
the terms and conditions of this RFP;
i. Any conditions and / or qualifications imposed by the Bidder, during the
submission of the bids and / or the conduct of the bidding process;
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j. At any time, a misrepresentation is made or discovered by the Authority;
k. the Bidder does not provide, within the time as may be specified by the
Authority (and if not specified within a reasonable period of time), the
supplemental information as sought by the Authority for evaluation of
the Bid;
l. The selected Bidder fails to incorporate the SPC within the stipulated time
period as per the RFP; and/or
m. Iftheselected Bidderfailswithinthespecifiedtimelimittoexecute the
Concession Agreement and/or the Land Licence Agreement and/or the
Selected Bidder Guarantee towards SPC.
Further, if on occurrence of any event,which in the solediscretion of the Authority,
should lead to the encashment and appropriation of the BidSecurityas liquidated
damages as genuine pre-estimate of the loss caused to the Authority, it shall lead to
the disqualification of the Bidder for participating in any tender process conducted by
the Authority for a period of one (1) year starting from the date of appropriation of
the Bid Security, in accordance with the decision of the Authority in this regard.
The Bid Securityofonlythe first three (3) rankedBidders with the highest marks at the
end of the bid evaluation process wouldberetainedtilltheConcession
AgreementisexecutedwiththeSPC.TheBidSecurity oftheotherBidderswouldbe
returnedwithin60(Sixty) dayofopeningof Financial Proposals.TheBidSecurity
oftheselectedBiddershallberetainedtilltheConcession Agreementisexecuted.
3.4.2. PERFORMANCE SECURITY
TheSelectedBidder,fordueand faithfulperformanceofits obligationsundertheConcession
Agreement, shallbe required toprovidea PerformanceSecurity ofRs.6,00,000/- (Rupees
six lakhs only)toExecutive Engineer, Public Works Division
Solapurwithin30(thirty)daysofreceiptoftheLoAfromthe Executive Engineer, Public
Works Public Works Division Solapur.
This Performance Security shall not be refunded to the Concessionaire except upon
successful completion of Concession Period, after issuance of the Agreement
Completion Certificate (as defined under the Concession Agreement) in accordance
with the terms and conditions of the Concession Agreement.
3.5. SUBMISSION OF FOREIGN DOCUMENTS AND OTHER REQUIREMENTS
IftheBidderissubmittingany documents,createdororiginatingfromoutsidethe
RepublicofIndia,suchasworkexperiencecertificate(s), financialdetail(s),
PowerOfAttorney(s),Undertaking(s),documentary evidence(s),qualifying
document(s),etc.ThentheBidder,beforeanysuchForeignDocument(s)are sentto India
forthepurposeofapplyingtowards thisProject,shallberequiredto
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geteachandeverypageofsuchForeignDocument(s),dulyauthenticated/
embossed/legalized/ apostiledfromtheIndianEmbassy/IndianHighCommissionsituated
inthecountry fromwheresuchforeigndocument(s)werecreated orare
originatingfrom.Suchauthentication/embossment/legalization/apostillizationfromtheInd
ian Embassy/IndianHighCommission shallalsoapply toallsuchdocument(s) that
areinalanguageotherthanEnglish,whichshallbecompulsorily berequiredto
betranslated(asthetruetranslatedcopiesoftheoriginal)by adulycertified/
authorized/qualified translator,supportedby theaffidavitofthesaid translator, certifying
thecorrectnessofthe Englishtranslation.The bidder shall not be from an ineligible
source country i.e. the one with which (i) as a matter of law or official regulation,
India prohibits commercial relations, or (ii) by an act of compliance with a decision of
the United Nations Security Council taken under Chapter VII of the Charter of the
United Nations, India prohibits any import of goods or any payments to persons or
entities in that country.
3.6. USING NET WORTH AND/OR TECHNICAL SUPPORT/ EXPERTISE OF HOLDING/
PARENT COMPANY
TheBidderswhohaveusedthenetworthand/ortechnicalsupport/expertise
oftheirholding/parentcompany tosatisfy the MinimumEligibility Criteriashall
berequiredtofurnishaDeedofGuaranteeasperformatattachedinClause5(H) from
theirholding/parentcompany (includingaresolutionfromthe Board of Directors of
suchholding/parentcompany) pledgingtheirfinancial strength andtechnical
supportandtheirexpertisetowardsthedevelopmentofthe
Project,apartfromauthorizingthesaidBiddertotakepartinthebidding process.Failureto
furnishsuchDeed ofGuarantee(accompaniedby
aBoardResolution)fromtheholding/parentcompanybytheBidderalongwith
theirbidmayentail automaticdisqualificationoftheirproposalsbythe Authority.
3.7. ONE BID PER BIDDER
EachBiddershallsubmitonly onebidfor each Project.Violationofthisrequirement
shallleadtodisqualification oftheBidder alongwiththeJVit isthepart of and may lead to
the disqualification of the Bidder for participating in any tender process conducted by
the Authority for a period of one (1) year starting from the date of appropriation of
the Bid Security. The bid shall be unconditional. The Bids accompanied by any
conditions shall be liable to be rejected without citing any reasons thereof.
3.8. BID PREPARATION AND COSTS
AllBiddersare required tosubmita detailedbidinaccordancewith theguideline setforthin
thisRFP.Biddersshould provide information soughtherein the prescribed formats
inorder toenable the Authority to accuratelyestablishand interpret the
informationprovided. The costofpreparation ofthe bidsand all related expensesshallbe
borne solely by the Bidders.
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3.9. DUE DILIGENCE, INSPECTION AND INVESTIGATION
TheBidders shallbedeemedto haveconductedaduediligenceexercisewith
respecttoallaspectsoftheProject,includingadetailedsurveyoftheProject, the Site
andinformation/dataprovidedbythe Authorityin thisRFP,when they submit the bids.
Interested Biddersare invited to visitand inspectthe Site attheirown expense.
Failuretoinvestigate theSite(s),whereupontheJan Suvidha Kendraand the Project
shallbeconstructedorsubsurfaceconditionsshallnotbeavalidgroundto
relievetheBiddersubsequently afterthe Proposal Due DatenorshallitrelievetheBidder
fromany responsibility for estimatingthedifficulty orcostsofsuccessfully completing
theProject.
3.10. VALIDITY OF BIDS
3.10.1. TheBidshallremainvalidforaperiodnotlessthanonehundredeighty
(180)daysfromtheProposal Due Date(“BidValidityPeriod”).The
Authorityreservestheright to rejectanyor all bids, without being required to ascribe any
reasons thereof.Validity ofbidshallbeextended foraspecifiedadditional periodat thesole
discretionofthe Authority, without being required to ascribe any reasons thereof.Such
Bidders will not be allowed to modify itsbids, but would be required to extend the
validity of his Bid Security for the period of extension.
3.10.2. For the avoidance of any doubt, it is hereby clarified that the Bid Validity Period of the
selected Bidder shall be extended automatically, till the date of execution of
theConcession Agreement.
3.11. RIGHT TO REJECT BIDS
3.11.1. The Authorityreservesthe rightto rejectany /allbids and / or
withdrawtheinvitationofbidsatanystagewithoutcitinganyreason whatsoever.
Nothingcontainedhereinshallconferany rightuponaBidder or createany obligation/
liabilityuponthe Authorityofanytypewhatsoever.At any time prior to issuance of the
LoA, the Authority reserves the right to accept or reject any bid, or to annul the
bidding process and reject all bids at his sole discretion without assigning any reason
thereof, and without thereby incurring any liability to the affected bidder or bidders or
any obligation to inform the affected bidder or bidders of the grounds for the
Authority’s action. The Authority shall not in any circumstance, way or manner
whatsoever be liable to the selected Bidder for any consequential loss or damage
including loss of profits. The Authority shall be the sole judge in the selection of the
qualified bidders as well as the selected Bidder.
3.12. MISREPRESENTATION AND / OR FRAUD AND / OR BREACH OF TERMS AND
CONDITIONS
IfitisdiscoveredatanypointoftimethattheBidderhassuppressedany material factor
givenafalsestatementorhasdonemisrepresentationorfraudorhasviolated any
ofthetermsofthis Bid,theBidshallbecancelled by the Authority.Insuch anevent,
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theBidderwillnotbeentitledto anycompensationwhatsoever,or refundofthe Bid Security
and / or anyother amountpaidto the Authority bythe Bidder.
3.13. AMENDMENTS TO THE RFP
3.13.1. At any time prior to the Proposal Due Date, Engineer – in – charge may, for any
reason, whether at its own initiative or in response to clarifications requested by a
Bidder, modify the RFP through the issuance of corrigenda, addenda and / or the
common set of deviations. This shall be hosted on the website of the Authority and
shall be binding upon the Bidders. The corrigenda, addenda and / or the common
set of deviations shall also include the pre – bid minutes. However, the Authority
reserves all rights to issue corrigenda, addenda and / or the common set of
deviations without being required to conduct the Pre – Bid Meeting prior to any
issuance of such corrigenda, addenda and / or the common set of deviations. The
bidding documents (including the RFP, any addenda, corrigenda and / or other
ancillary documents and clarifications) should be read as a whole, and the bidder
shall at all times be presumed to have full knowledge of the bidding documents and
shall agree to be in full compliance of the requirements of the bidding documents as
amended and / or revised from time to time.
3.13.2. In order to give the Bidders, reasonable time in which to take a corrigendum,
addendum and / or the common set of deviations into account, or for any other
reason, Engineer – in – charge may, at its sole discretion, extend the Proposal Due
Date.
3.14. GOVERNING LAW AND JURISDICTION
The governing law for this RFP shall be the laws in force in India from time totime.
The courts at Hon.District court Solapur, Maharashtra shall have exclusive jurisdiction
over all disputes arising under, pursuant to and / or in connection with this RFP and
the tender process hereunder.For the avoidance of any doubt, it is hereby clarified that
this jurisdiction clause shall not apply to any dispute resolution process conducted
after the execution of the Concession Agreement. Any dispute after the execution of
the Concession Agreement will be resolved as per the provisions of the Concession
Agreement.
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4. TENDERING PROCEDURE AND SCHEDULE
4.1. GENERAL REQUIREMENTS
TheBidders shall be required to send their queries,on the RFP and / or the
Project,online or by post to the Engineer – in – charge, Public Works Division Solapur,
email address:[email protected] at least 7 (seven) days prior to the date of
the Pre – Bid Meeting.
4.2. PRE – BIDMEETING
(a) ThepurposeofthePre – BidMeetingwillbetoclarifyanddiscussissueswithrespect
totheProject, theRFPor anyother related issues;
(b) TheBidderorhisauthorizedrepresentativeisinvitedtoattendaPre–
BidMeeting,whichshalltakeplaceat theconferenceroomofthe Chief Engineer,
Public Works RegionPune.
(c) TheBiddersand / or their designatedrepresentativesareinvitedtoattendthePre–
BidMeetingattheirowncost,tobeheldon 06-01-2017 at 15.00 Hrs theConference
Room of the Chief Engineer, Public Works Region Pune.
4.3. PREPARATION AND SUBMISSION OF BIDS
(a) Completedbidsshallbeacceptedas per schedule of tender process as provided in
this RFP;
(b) The Authority,atitssolediscretion,reservestheright,butisnot obliged, toextendthe
Proposal DueDateby issuinganaddendum and / or corrigendum;
(c) BiddersshallfurnishtheinformationstrictlyaspertheformatsgiveninClause5
ofthisRFPwithoutanyconditions, qualifications and / or ambiguity.The Authority
shallnotbeheldresponsibleifthe failureofany Biddertoprovidetheinformation in
theprescribedformatsresultsinlackofclarityininterpretationandconsequent
disqualification;
(d) IncaseofaJV,whereverrequired,theBidmustcontainsuchinformation
individuallyfor eachmember oftheJV;
(e) IncaseofaJV,themembersshallsubmitaJointVenture(JV)Agreement
conveyingtheirintenttojointly bidfortheProjectandincasetheProjectis
awardedtothem, to formtheSPCthatwillsubsequently carry outallits
responsibilitiesasthe Concessionaire.The Memorandum of
Associationshallalsoincludethe
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nominationoftheLeadMemberintheJVandclearlyoutlinetheproposed
shareholdingandresponsibilitiesofeachmember at eachstage;
(f) AllBidsshallbesignedby thedulyauthorized signatory ofthe Bidder. In case ofaJV,
theBid shallbe signedby thedulyauthorized signatoryoftheLead
Member.BiddersshallsubmitasupportingPowerof Attorney authorizing the
authorized signatory of the Bid tosubmit such bid on behalf of theBidderand
ratifying allacts,deeds, mattersand things lawfully done by thesaidattorney. In
case ofaJV,such Power of Attorney shallbesignedby all members of theJV
andshall be legallybindingonall of them;
(g) Theauthorized signatory shall initial theBid oneachpage.The authorized
signatory shall initial each page of the RFP including without limitation the
Concession Agreement and submit the duly signed RFP to the Authority along
with the Bid. The authorized signatory shallalso initial all
thealterations,omissions,additions,orany otheramendments made to theBid;
(h) All witnessesandsuretiesshallbe thepersons ofstatusandprobity and their full
names andaddresses shall bestatedbelow theirsignature. All signatures in the
Bidshall bedated;
(i) Biddersare required to submit onlineone originalset of theBid,including the
RFPandany corrigendum and / or addendaissued to them; and,
(j) Any Bidderwhichsubmitsorparticipates in more thanoneBid for thesaid
Projectshall bedisqualifiedandshall alsocause thedisqualification ofall theJV(s)in
which it isa member.
4.4. SCHEDULE OF THE TENDER PROCESS
The schedule of the tender process shall be as per the tentative timelines specified
below:
PARTICULARS TIMELINES
1. Commencement of availability of the RFP 20-12-2016 to 16-01-2017
2. Pre – Bid Meeting 06-01-2017
3. Proposal Due Date 20-12-2016 to 19-01-2017
4. Last date of submission of Bid Security and
the Deed of Guarantee by Parent Company
(if applicable)
24-01-2017
5. Opening of the Technical Bid 25-01-2017 to 30-01-2017
6. Declaration of Technically Qualified Bidders Will be Conveyed.
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7. Opening of the Financial Bid of Technically
Qualified Bidders
Will be Conveyed.
8. Issuance of Letter of Award to the selected
Bidder
Will be Conveyed.
9. Last date for:
(i) incorporation of the Concessionaire;
(ii) submission of the Performance
Security by the selected Bidder; and
(iii) Submission of the Selected Bidder
Guarantee towards SPC.
Will be Conveyed.
10. Execution of the Concession Agreement Will be Conveyed.
11. Execution of the Land License Agreement Will be Conveyed.
4.5. LANGUAGEANDCURRENCY
4.5.1. TheBidandall relatedcorrespondenceanddocumentsshall bewrittenin
Englishlanguage.Ifany supportingdocumentattachedtotheBidisin any
otherlanguage,the samewillbesupportedby anEnglishtranslation(duly authenticated/
attested/ apostil ledfrom IndianEmbassy in respectivecountries).
4.5.2. ThecurrencyforthepurposeoftheBidshallbeIndianRupees(INR).
4.6. GENERAL RESPONSIBILITIES OF THE BIDDER
4.6.1. Itwouldbedeemedthatpriortothesubmissionofthe Bid,theBidderhas
madeacompleteandcareful examinationof:
(a) Therequirementsof the Jan Suvidha Kendra, the Project and the Site
andotherinformationas set forthin thisRFP;
(b) TheBidder shall be solely responsible for the complete and careful examination
of the variousaspectsof theProject including but notlimitedtothefollowing:
a. Theexistingfacilitiesandstructures (ifany),accessroadsandpublic utilities,
water availability, etc.in thevicinityoftheProject; and,
b. AllothermattersthatmightaffecttheBidder’sperformanceunderthe
termsofthisRFP,includingall risks,costs,liabilitiesand
contingenciesassociatedwith theProject;
c. TheBidderspriortosubmittingtheirBidfortheProject,are expected to visitand
examine the Site(s)and surroundingsattheir own
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expenses,theSitewillbeofferedby Engineer – in – charge“as
iswhereis”basisandascertainon theirownresponsibility all requisite
information, technical data,trafficdata,etc.;
d. Itshallbeassumed thatallthese factors wereaccounted forby the Bidder
whilequotingisbid. Thebiddershall bedeemed tohavefull knowledgeof
theSitewhethertheBidder inspects it or not; and,
e. The Authorityshallnotbeliableforany mistakeorerroror neglectby the
Bidderinrespect oftheabove.Bidsthat arenot substantively
responsivetotherequirements ofthisRFPwillbe rejected.
4.7. SUBMISSION OF BIDS
4.7.1. An authorized representative of the Bidder shall initial all pages of the original Bids.
The signed technical and financial Bids shall be marked as “ORIGINAL”;
4.7.2. The Bids must be sent online on www.maharashtra.etenders.in and received online
no later than the time and the date indicated in the RFP, or any extension to this date
in accordance with the terms and conditions of this RFP. Any Bid received by the
Authority after the deadline for submission shall be returned unopened.
.
4.7.3. The Technical Bidshall be marked as the “TECHNICAL BID” contain thefollowing:
Relevantdocuments(likeCertificateofIncorporation, Memorandum of Association and
Articles of Association (for companies),Deeds (for partnership firms, trusts and limited
liability partnerships), JointVenture(JV) Agreement(ifapplicable),audited
financialstatementsof last three financial years andevidenceof
experiencelikeclientcertificate, work orders etc.,detailsof financingarrangements etc.)
confirming theMinimum Eligibility Criteria, as set out in this RFP:
(a) LetterofApplicationandInterest (as per Clause 5 (A));
(b) GeneralInformationon theBidder(as per Clause 5 (B));
(c) PowerofAttorneyforSigningofApplication(as per Clause 5 (E));
(d) Affidavit(as per Clause 5 (D));
(e) OriginalRFPDocumentdulysigned(oneachpage)byanauthorized representative
easatokenofacceptance;
(f) PowerofAttorneybyEachMemberoftheJVinFavourofLeadMember(as per Clause 5
(G));
(g) Power of Attorney by the Lead Member of the JV in favourof its duly authorized
representative (as per Clause 5 (L));
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REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
(h) DeedofGuarantee(as per Clause 5 (H)), ifapplicable;
(i) Aletter(oncompany’sletterhead)fromalltheJVmembersaslaiddownin Clause3.3.8;
(j) Allotherrequiredsubmissions,iftheBidderisapplyingthroughJVor as a single Bidder
andasstatedin thisRFP;
(k) A copy of Joint Venture agreement (if applicable);
(l) A copy of the Bid Security, in original.
4.7.4. Further the bidder should submit original of the Bid Security and the Deed of Guarantee
of the parent / holding company to the Authority within 2 (two) days of the Proposal
Due Date at the prescribed address.
4.7.5. The original and all copies of the Technical Bid shall be submitted online on
www.maharashtra.etenders.in. Further, the original Financial Bid shall be
submitted online on www.maharashtra.etenders.inclearly marked as
“FINANCIAL BID” followed by the name of the Project.
4.7.6. The Bids must be sent online on www.maharashtra.etenders.in and received online
no later than the Proposal Due Date, or any extension to this date in accordance with
RFP.
4.7.7. AnyBidreceivedbythe AuthorityafterProposal DueDatewill beliablefor rejection by the
Authority, without being required to provide any reasons whatsoever.
4.8. MODIFICATION AND/ OR WITHDRAWAL OF BIDS
4.8.1. NoBidshallbemodifiedorwithdrawnbytheBidderaftertheProposalDueDate.
4.8.2. Withdrawalofa Bid duringthe intervalbetweenProposalDueDateand
expirationoftheProposal Validity Periodwould resultinencashment and appropriation
oftheBid Security.
4.9. OPENING OF THE BIDS
4.9.1. The Bidsreceivedshallbeopenedby theAuthority or its
representativeinthepresenceoftheBidders ton dates as mentioned in this
RFP,unlessintimatedotherwise.
4.9.2. The Authorityreservestheright torejectanyBids,without being required to ascribe any
reasons whatsoever, including but not limited to the following events:
(a) It isnot signed, sealedand markedasstipulatedunder this RFP;
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(b) Theinformationanddocumentshavenot beensubmittedasrequestedandin
theformatsspecified intheRFP;
(c) ThereareinconsistenciesbetweentheBidsandthesupporting documents;
(d) Thereareconditionsproposedby the Bidder in itsBids;
(e) The Bidsprovidethe informationwith material deviations and / or reservations;
(f) Any non – compliance with the requirements as stated under this RFP.
4.9.3. A material deviationand / or reservationshall mean a deviation and / or reservation which
as per the Authority:
(a) Affectsinanymaterial manner thescope, quality,orperformanceof theJan Suvidha
Kendra and the Project, or,
(b) Limitsinanymaterialway, inconsistent with the RFP, rightsor the
Bidder’sobligations, or,
(c) Would potentially affectand / or unfairlyprejudice thecompetitivenessofthe Bids
of otherBidderswho have submittedsubstantially responsivebids
4.10. EVALUATION OF BIDS
Theevaluationshall be conductedin two (2) steps asfollows:
4.10.1. In STEP 1,theBidSecurityshallbefirstchecked by the
Authority.BidswithouttheappropriateBidSecurity shallberejected.Thenthe
submission(s)submitted onlineshall bechecked. All Bidderswho have in the opinion of
the Authority, duly provided the Bid
Securitywillbeconsideredresponsiveenoughtobeconsidered forthenext steps of
evaluation.
Marking for Technical Evaluation:
In order to be technically qualified, the Bidders have to obtain minimum fifty (50)
marks out of a maximum of hundred (100) marks, as per the mechanism of marking
as set out below:
Sr. No. Evaluation Point and Criteria Maximum Marks
1.
Specific experience of the Concessionaire, as
sole entity or Joint Venture, relevant to the
Project:
20 Marks
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a. Construction of Jan Suvidha Like facility.
One Project
Two Projects
Three or More Projects
10 Marks
6 marks
8 marks
10 marks
b. Operation and Maintenance of above facility.
One Project
Two Projects
Three or More Projects
10 Marks
6 marks
8 marks
10 marks
2.
Providing maximum facilities in proposed
construction to be quoted by the Concessionaire.
20 Marks
3.
Providing maximum free facilities like mineral
water, toilet and other sanitary requirements for
women.
20 Marks
4.
Key Professional staff for the Assignment.
5 Marks
5.
Quality management standards in design,
construction and operation and maintenance
services; safety standard in construction, new
methodologies, novel concepts, etc.
5 Marks
6.
Presentation: The bidders shall give a
presentation in Power point format with
walkthrough and shall include detail
methodology for execution of the Project,
planning for the operation and maintenance of
Jan Suvidha Kendra for the Concession Period,
deployment of the team, financial capability,
financial analysis and arrangement to finance the
Project and subsequent planning for provision of
premium to Authority (these shall include
detailed cash flows, the parameters considered
in calculating the premium, revenue resources
considered, etc.)It is clarified that the bidder
shall propose to construct and build the best
facilities. The marking under this head will be
linked to the quality of materials, fittings and
30 Marks
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overall structures used therein for the entire
facilities of the Project.
TOTAL 100 Marks
The Technical Bid will be given a weightage of seventy (70%) percent out of the
aggregate of marks (“Aggregate Marks”) awarded in both steps of the tender
process to be awarded to the Bidder and the method of evaluation of technical
qualification of the Bidders shall follow the procedure as given above. The Financial
Bids of only those Bidders who qualify technically and who score minimum fifty (50)
marks out of a maximum of hundred (100) marks will be declared as qualified in STEP
1 of the tender evaluation process.
4 .10 .2 . InSTEP 2ofthe tender evaluation process, theFinancialBidssubmitted onlineofonly
those Bidderswhohavequalified throughSTEP 1of the tender process shallbeopenedby
the Authorityinpresenceoftheduly authorized representatives
oftheBidders,whochoosetoattend thesame. The bidder getting the maximum Aggregate
Marks shall be qualified.
Marking for Financial Evaluation:
1. Providing maximum Licence Fees to
Government for use of land for the
Concession Period to be quoted by the
Concessionaire.
Rs. _______________________ to be
quoted by the Concessionaire.
The Bid with the maximum License Fees may be given a score of hundred (100)marks
out of a maximum of hundred (100)marks and the other Bidsshall be given scores that
are inversely proportionate to their quoted License Fees.
The financial Bid shall be allocated a weightage of thirty (30%) percent out of the
Aggregate Marks.
In order to calculate the Aggregate Marks, the Authority will use the following formula:
Aggregate Marks = T (w) x T (s) + F (w) x EC / MEC x 100
Where,
T (w) stands for weight of the Technical Bid
T (s) stands for marks awarded for the Technical Bid
F (w) stands for weight of the Financial Bid
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REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
EC stands for Evaluated Cost of the Financial Bid
MEC stands for Maximum Evaluated Cost of the Financial Bid
The Bids will be ranked in terms of Aggregate Marks scored by each Bidder. The Bid
with the highest Aggregate Marksmay be considered for award of the LoAand shall be
called for negotiations, if required.
All Taxes (including service tax and GST) applicable and/or payable on the Licence
Fees and the annual incremental premium shall be borne and discharged by the
Concessionaire at actuals as per the instructions of the Authority.
4 .10 .3 . Intheevent that twoor more Biddersquoteexactlythesame for theProject,
thentheAuthorityreservestheright either to:
(a) Identify theselectedBidderbythedraw oflots,whichshallbeconducted, withprior
notice,inthepresenceof the Bidders;
(b) Selecting theBidderwho has provided for maximumutilisationofthe available
spaceat the Site, keeping in mind the aims and objectives of the Project,
whilemaintaining compliance with all relevant rules, guidelines and Applicable
Laws;or,
(c) Takeanysuchmeasureasmaybedeemedfitinitssolediscretion,includingannulmento
f thebiddingprocess.
4.10.3.1. Intheevent that theBidder(“First Ranked Bidder”) with the highest Aggregate
Marks,withdrawsorisnot selectedforany reasoninthefirstinstance(the“First
RoundofBidding”), theAuthoritymay invitealltheremainingBiddersto revalidateand /
orextendtheirrespectiveBid Security,asnecessary, and matchthe Bidofthe First Ranked
Bidder at a second round of bidding(the “SecondRoundofBidding”).
IfintheSecondRoundofBidding,only oneBidder matchestheBid of the First Ranked
Bidder,it shall be theselectedBidder. If twoor more Bidders match thesaidFirst
RankedBidderin theSecondRound ofBidding, thenthe Bidderwho has provided for
themaximumutilisationofthe available spaceat the Site, keeping in mind the aims and
objectives of the Project, whilemaintaining compliance with all relevant rules,
guidelines and Applicable Lawsshall be theselectedBidder.
4.10.3.2. Intheeventthat noBidder offerstomatch theFirst Ranked BidderintheSecond
RoundofBiddingasspecifiedinClause4.10.3.1 of this
RFP,theAuthoritymay,annulthebidding processand initsdiscretion,invitefresh Bids.
4.10.4. The Authoritywould have the rightto review the Bidsand
seekclarificationswherenecessary.TheresponsefromtheBidder(s)shallonly
beinwritingbutnomaterial changeinthesubstanceand / or the content
oftheBidswouldbepermitted. Itisclarified thatBiddersare free tomake
suggestionsbutarenotallowedto submit anyconditional bids to the Authority.
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4.10.5. TheBids (Financial andTechnical) shouldbeunconditional andany conditionality
attached with the Bid may result in the rejection of the Bids.
4.10.6. Financial Bids of Bidders who do not qualify the STEP 1 of the tender evaluation
process shall not be opened.
4.10.7. The Bids submitted shall be evaluated by the Project Evaluation Committee as
mentioned hereunder:
A Chief Engineer, PW Region Pune. Chairman
B Superintending Engineer,PW Circle Solapur. Member
C Dy. Chief Architect Pune. Member
D Executive Engineer PW Division, Solapur. Member, Secretary
E Other technical expert or financial expert as
decided by the Chairman
Member
4.11. CONFIDENTIALITY
Information relatingto the examination, clarification,evaluation and recommendation
for the short– listedBiddersshallnotbedisclosedtoany person notofficiallyconcernedwith
theprocess.
4.12. ACCEPTANCE OF BIDS
4.12.1. The AuthorityshallissueLoAtotheselected Bidderfor the Project.
4.12.2. TheselectedBidderisrequiredtosendhisacceptanceoftheLoAwithin seven (7) daysfrom
thedateofitsreceipt as acknowledgement of the same.
4.12.3. The Authorityshallretaintherighttowithdraw theLoAinthe eventoftheselectedBidderfailure
to accepttheLoAwithinthe timelimit as specifiedin theaboveclause.
4.12.4. Insuchevent,the Authoritymay encashthe BidSecurityof theselectedBidder.
4.13. EXECUTION OF THE CONCESSION AGREEMENT
4.13.1. TheConcessionaireisrequiredtosign theConcession Agreementwithin forty – five
(45)daysofissuance of theLoAinwritingorthe dateas mutually agreedbetweentheParties
for the execution oftheConcession Agreement.Butpriorto executionoftheConcession
Agreement, theselectedBiddermustsatisfy the followingconditions,withinaperiodofthirty
(30)daysfromthe dateof the LoA:
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(a) The selected Bidder has submitted the requisitePerformance Security, in
original, to the Authority;
(b) FormationofaSPC,aspertheprovisionslaiddownin Clause3.3.4,withinthirty
(30)daysfromthe dateof the LoA by the selected Bidder.
(c) FurnishingofDeedofGuaranteebytheselectedBidder, in case ofaJV,thenas
performatprovidedinClause5 (K)andtobeprovidedbyalltheJV
memberstowardstheSPCorifasingleBidder,thenasperformat providedinClause5(I)
hereto.
The Authority shallnotexecutetheAgreement until these conditionshavebeensatisfied.
4.13.2. The selectedBiddershall not make any delaysinsubmissionofall requisite documents,as
detailed outinClause4.13.1of this RFP andin the event that the selected Bidder
requestsforextension then the Authority should have right to declare such other
Bidder who has obtained the second highest Aggregate Marks among all eligible Bids,
as selected Bidder.
4.13.3. Failuretomeettheconditions,aslaiddowninClause4.12of this RFP withinthe prescribed
time limit (including extension, if any) shall result in breach of the terms of this RFP
and the Authority shallbe entitled to cancel the LoAwithout being liable, in any
manner whatsoever, to the Bidderand shall be entitled to appropriate the Bid
Security andany other amounts deposited till such timein lieu of liquidated damages,
as genuine pre – estimate of the losses caused to the Authority.
4.13.4. The cost of any stamp duty, registration charges and any other related legal
documentation charges and other incidental charges payable under Applicable Laws,
for execution of the Concession Agreement shall beborne by theselected Bidder.
4.13.5. In case of failure to sign the Concession Agreement within the stipulated time for any
reason whatsoever, the Authorityshall retain the right to cancel the LoAand encash
the Bid Security of theselected Bidder andany other amount deposited till that time
without being liable in any mannerwhatsoever to the selected Bidder.
4.14. BIDS OF OTHER BIDDERS
4.14.1. The AuthorityshallreturntheBidSecurityreceivedfrom the Bidderswho have notqualified
in STEP 1ofthe tender evaluation process,within 180 (one hundredand
eighty)daysofthe openingofthe TechnicalBid.TheBidSecurityshall be
returnedwithoutpayment ofany interest, charges, duties and / or fees by the
Authority.
4.14.2. The BidSecurityreceivedfromalltheshortlistedBiddersafterSTEP 2of the tender
evaluationprocess(exceptthe first three ranked Bidders at the end of the tender
evaluation process)shallbereturnedwithin60(sixty)daysfrom thedateofopeningof
Financial Bid,and returned thereafter, without paymentofany interest, charges, duties
and / or fees by the Authority.
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4.15. MISCELLANEOUS
TheAuthority, in its sole discretion and without incurring any obligation and / or liability,
reserves the right at any time to:
(a) suspend and/or cancel thebidding process and/or amend and/or
supplementthebidding process ormodifythedatesorothertermsand conditions
relating thereto;
(b) ConsultwithanyBidderinordertoreceiveany clarifications;
(c) retain any information and/ or evidence submitted to theAuthority by or on
behalfof, and/ or in relation to any Bidder; and/ or,
(d) Independentlyverify,disqualify,rejectand/or acceptany andall submissions or other
information and/ or evidence submitted by or on behalf of any Bidder.
ItshallbedeemedthatbysubmittingtheBid,theBidderhas agreed to the terms and
conditions of this RFPandhas releasedthe Authority,itsemployees,agentsand
advisers,irrevocably,unconditionally,fully and finallyfromanyand allliability
forclaims,losses, damages,costs,expensesorliabilitiesin anywayrelatedtoorarisingfrom
theexercise ofanyrightsand/orperformance of any
obligationshereunder,pursuanthereto and/orinconnection withthebiddingprocessand
waives,tothefullestextentpermittedbyapplicableaws,anyandallrightsand/orclaims itmay
haveinthis RFP.
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5. PRESCRIBED FORMATS
A. LETTER OF APPLICATION AND INTEREST
(TobesubmittedandsignedbytheBidder’sAuthorizedSignatory)
To
The Executive Engineer,
Public Works Division,
Sat Rasta, Near Govt.
Milk Dairy,
Solapur 413 001
Sub: Request for Proposal (“RFP”) bearing No. __________________________ for the Project
titled“Design, Build, Finance, Construction, Development, Implementation,
Operation and Maintenance of the Jan Suvidha Kendra, at KARAMBA Tal-
NORTH SOLAPUR.Dist-Solapur, Maharashtra”
Sir,
Being duly authorized to represent and act for and on behalf of.…………… (hereinafter
referred to as the “applicant”), and having studied and fully understood all the
information provided in theRFP, the undersigned hereby appliesfor and on behalf ofthe
Bidder for “Design, Build, Finance, Construction, Development, Implementation,
Operation and Maintenance of the Jan Suvidha Kendra, at KARAMBA Tal-
NORTH SOLAPUR.Dist-Solapur, Maharashtra”
1. ” according to the terms and conditions of the RFP issued bythe Authority.
2. Our Technical and Financial Bidsare as per the requisite formats along with the supporting
documents, duly filled and signed on each page are enclosed in separate sealed
envelopes as specified.
3. The BidSecurity shall be submittedin original in accordance with the requirements of the
RFP.
4. Engineer - in - charge and its authorized representatives are hereby authorized to conduct
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REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
any inquiries / investigation to verify the statements, documents and information
submitted in connection with the application and to seek clarificationsregarding
anyfinancial and technical aspects. This letter of application will also serve as
authorization to any individual or authorized representative of any institution referred to
the supporting information, to provide such information deemed necessary and requested
by you to verify statements and information provided in the application or with regard to
the resources, experience and competenceof theapplicant and the Bidder.
5. Engineer – in – charge and its authorized representatives may contact the following
personsfor any further information:
Nameof theperson(s):The Executive Engineer
Address: Public Works Division,Sat Rasta, Near Govt.Milk Dairy,Solapur 413 001
Phone:(0217)2312310Email- [email protected]:____________
6. This application ismade withfull understanding that:
a. The AuthorityreservestherighttorejectoracceptanyBids,cancel
thebiddingprocess,and/ or rejectall Bids.
b. The Authorityshallnotbeliableforanyoftheabove actionsandshall
beundernoobligationto inform theapplicantof thesame.
7. We, the undersigned declare the statements made and the information provided in the
duly completed application forms enclosed, as complete, true and correct in everydetail.
8. We hereby confirm that we have read, understood and accepted all the detailed terms
and conditions of this RFP and Project related information as required for the Bid. We
have also visited the proposed Project sites and surroundings, for the assessment and
have made our own due diligence and assessment regarding the Project.
9. We agreetokeepour Bidvalid for onehundredeighty (180) daysfrom theProposal Due Date
(as may be changed from time to time)thereof and not to make any modifications in its
terms and conditions after the Proposal Due Date.We hereby agree to abide by and fulfil
all the terms, conditions and provisions of the RFP.
10. This application is made with the full understanding that the validity of bid submitted by
us will be subject to verification of all information, terms and conditions submitted at the
time of bidding and its final acceptance by the Authority. We agree that, without prejudice
to any other right or remedy, the Authority shall be at liberty to encashthe said Bid
Page 39 of 196
REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
Security absolutely.
Authorizedsignatory:Date:
Nameandseal ofBidder:Place:
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REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
B. GENERAL INFORMATION ON THE BIDDER
1. (a) Name:
(b) Countryofincorporation:
(c) Addressofthecorporateheadquartersanditsbranchoffice(s),ifany,in
India:
2. Detailsofindividual(s)whowillserveasthepointofcontact/communicationfor
Engineer - in –chargewithin theCompany:
(a) Name :
(b) Designation :
(c) Company :
(d) Address :
(e) Telephone Number:
(f) Fax Number :
(g) E-Mail Address :
3. Incaseof JV:
a. Theinformationabove(at 1and 2)shouldbeprovidedforallthemembersof theJV.
b. Information regarding roleofeachmember shouldbe provided:
Sl.No. NameofMember ProportionofEquitytobe
heldin
Role*
1
2
3
*SpecifywhetherLead Member/ ordinaryMember
Signed
(Nameof theAuthorisedSignatory)
Forandonbehalfof
(Nameof thebidder)
Designation: Place:
Date:
Tobeenclosed:
1. Documents certifying Bidder’s legal status i.e. certificateofincorporation /registration.
2. IncaseofaJV,JVAgreement&PowerofAttorneysignedbyeachJVpartner, clearly indicatingthe
leadpartner.
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REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
3. Latest brochures/organizationprofiles,etc.
C. FORMAT FOR FINANCIAL BID
(TobesubmittedandsignedbytheBidder’sAuthorizedSignatory)
To
The Executive Engineer,
Public Works Division,
Sat Rasta, Near Govt.
Milk Dairy,
Solapur 413 001
Sub: Request for Proposal (“RFP”) bearing No. __________________________ for the Project
titled“Design, Build, Finance, Construction, Development, Implementation, Operation
and Maintenance of the Jan Suvidha Kendra, at KARAMBA Tal-NORTH SOLAPUR.Dist-
Solapur, Maharashtra”
Sir,
WeherebysubmitourFinancialBidforthecaptionedProjectinresponsetothis RFPissuedbytheExecutive
Engineer, Public Works Division Solapur.
We aremakingthisBidaftertakingintoconsiderationallthetermsandconditions statedin
theRFP,andaftercareful assessmentoftheSite, all risksand contingenciesandall otherconditionsthat
mayaffect thefinancial proposal.
Wealsoherebyconfirm thefollowing:
a. ThisFinancial Bidisbeingsubmittedby[NAMEOFBIDDER] inaccordancewith the
conditionsstipulated in theRFP.
b. Wehaveexaminedindetail andunderstandandagreetoabidebyall termsand
conditionsstipulatedintheRFPissuedby the Authorityas amended, and in any subsequent
communication sent by the Authority. OurFinancial Bidisconsistentwithall
requirementsofsubmissionstatedin theRFPandinanysubsequentcommunication.Our Financial
Bidisasfollows:
Sr.
No.
Detail
Details
/Nos./
Amount in
INR
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REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
1 Facilities to be provided by us in the proposed Construction.
a. …(Give description of facilities like toilets, water, ATM,
restaurants, etc.)
b. …
c. …
d. …
e. ..
2
Providing maximum Licence Fees to the Authority for use of land for the
Concession Period
3 Free facilities to be provided by us –
a. …(give description of services)
b. …
c. …
d. ..
e. …
Total
WeagreetokeepourBidvalidfor a period 180 (one hundred and eighty) days from the Proposal
Due Date.
Authorized signatory Date:
Nameandseal ofBidder Place:
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REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
D. AFFIDAVIT
(TobegivenseparatelybyeachJVmember,incaseofaJVorotherwisebytheBidder
onaStamp Paper ofRs. 100/- and should be notarized)
I,.…………………..……….,S/o …………..…………..…………..,Resident of …………..……………….,
the ……………...(insertdesignation) of the ………………………..…..(insert name of the single
Bidder/JV Member if a JV), dosolemnlyaffirmandstateasunder :
1. ThatIam theauthorizedsignatory of…………..(insertnameofcompany /JVmember)
(Hereinafterreferredtoas“Bidder/JVMember”)andIamdulyauthorizedbythe
BoardofDirectors oftheBidder/JVMemberto swearanddeposethis affidaviton
behalfoftheBidder/JV member.
2. ThatIhavesubmittedinformationwitherspecttooureligibilityforthe project titled“Design,
Build, Finance, Construction, Development, Implementation, Operation and
Maintenance of the Jan Suvidha Kendra, at __________, Maharashtra.”
(hereinafter referred to as “Project”) and I further state that all the said information
submitted by us is accurate, true and correct and is based on our records available with
us.
3. ThatIherebyaffirmtofurnishany information,which mayberequestedbyAuthorityto
verifyourcredentials/informationprovidedbyusunderthis Bid
andasmaybedeemednecessarybythe Authority.
4. ThatifanypointoftimeincludingtheConcessionPeriod, incasethe Authorityrequests any
further/additional information regarding our financial and/ortechnicalcapabilities,orany
otherrelevantinformation,Ishallpromptly and immediately
makeavailablesuchinformationaccurately andcorrectly tothe satisfactionofthe Authority.
5. ThatIfullyacknowledgeandunderstandthatfurnishingofanyfalseormisleading
informationby usinourRFPshall entitlestobedisqualifiedfrom the tenderingprocess for
thesaidProject. The costsandrisks forsuchdisqualification shall be entirelybornebyus.
6. That,wefullyacknowledgeandunderstandthatincaseanyfalseormisleading information,
asfurnishedbyusinourRFP,isfoundatalaterstageaftertheexecutionof the Concession
Agreement,itshallentitleEngineer – in – chargeto terminate the said signed
ConcessionAgreement between the Parties.Thecostsandrisksfor suchterminationshall
areentirelybornebyus.
Thatall thetermsandconditionsoftheRequestforProposal(RFP)have beendulycompliedwith.
Page 44 of 196
REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
DEPONENT
VERIFICATION:
I,theabovenameddeponent,doverify thatthe contentsofparagraphs 1to6ofthis
affidavitaretrueandcorrect to my knowledge.Nopartofitis falseandnothingmaterial
hasbeenconcealed.
Verifiedat ………………………,onthis…………………. Dayof………….…….., 201____.
DEPONENT
Page 45 of 196
REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
E. FORMAT FOR POWER OF ATTORNEY FOR SIGNING OF APPLICATION AND
OTHER REQUIRED DOCUMENTS
(To be notarized)
Knowall menbythesepresents, we/ I ……………………………………. (name and
addressoftheregisteredoffice)dohereby constitute,appointandauthorize
Mr./Ms.…………………..(name andresidentialaddress)asourattorney,to doinour
nameandonourbehalf,allsuchacts,deedsand thingsnecessary inconnectionwithor
incidentaltoourBid for the Projectenvisaging“Design, Build, Finance, Construction,
Development, Implementation, Operation and Maintenance of the Jan Suvidha
Kendra, at __________, Maharashtra.” at ___________(location),(State
Maharashtra)intheUnionofIndia,includingigningandsubmission ofall
documentsandprovidinginformation/responsestothe Authority,
representingusinallmattersbefore the Authority,and generally dealingwiththe Authority, inall
mattersinconnectionwithourBidfor thesaidProject.
We herebyagreetoratifyallacts,deedsandthingslawfullydonebyoursaidattorney
pursuanttothisPowerofAttorneyandthatall acts,deedsandthingsdonebyour
aforesaidattorneyshallalwaysbedeemedtohavebeendonebyus.
For………………………………………….
Accepted
…………………...(Signature)
(Name,Titleandaddress)of theAttorney
N
ot
e:
The modeofexecution ofthePowerofAttorneyshouldbeinaccordancewiththe
procedure,ifany,laiddownbytheapplicablelaw andthecharterdocumentsofthe
executants(s)andwhenitissorequiredthesameshouldbeundercommonsealaffixed
inaccordancewith therequiredprocedure.
Page 46 of 196
REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
F. FORMAT FOR BID SECURITY AS BANK GUARANTEE
BIDSECURITYFORMAT
(tobevalidfor 180daysfrom theProposal DueDate)
UNCONDITIONALANDIRREVOCABLEBANK GUARANTEE
Bank GuaranteeNo.: Dated ________________
IssuerofBankGuarantee:
Name of the bank _____
_____________
________________
(hereinafter referredtoasthe“Bank”)
BeneficiaryofBank Guarantee:Executive Engineer, Public Works ___________ Division,
_______
NatureofBankGuarantee:
Unconditional andirrevocableBankGuarantee.
ContextofBankGuarantee:
In pursuanceof Clause3.4.1of Section1of the Requestfor ProposalDocument
dated(hereinafterreferredtoasthe “RFP”inclusiveofAgreement) for the “Design, Build, Finance,
Construction, Development, Implementation, Operation and Maintenance of the Jan
Suvidha Kendra, at KARAMBA.Tal-NORTH SOLAPUR.Dist-SolapurMaharashtra.”
(hereinafterreferredtoas the“Project”),providedhowever,suchcontextofthe
BankGuaranteeorreferencetotheConcession Agreement in this Bank Guarantee shall in no manner
to relied upon at any stagetoadversely affectordilutetheunconditionaland irrevocablenatureof
thisBank Guarantee.Thecontract of Bank Guarantee is an
independentcontractbetweentheBankandExecutive Engineer, P.W. Division Solapur.andisnot
dependentuponexecutionorperformanceofanyAgreementbetween Executive Engineer, P.W.
Division Solapur.and (NameoftheBidder).
Operativepart of theBank Guarantee:
1. At the request of the (Name andAddress of the Bidder), we_________, (Name and
Address of the bank), hereinafter referred to as the “Bank”), do hereby unconditionally and
irrevocably affirm and undertake that we are the Guarantor and are responsible to the
Executive Engineer, P.W. Division Solapur.i.e. the beneficiary on behalf of the Bidder, up
to a total sum of Rs. ________________ (Rupees ____________only), such sum being
payable by us to the Executive Engineer, P.W. Division Solapur.immediately upon receipt
of first written demand from Executive Engineer, P.W. Division Solapur.
Page 47 of 196
REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
2. We unconditionally and irrevocably undertake to pay to the Executive Engineer, P.W.
Division Solapur.on an immediate basis, upon receipt of first written demand from the
Executive Engineer, P.W. Division Solapur.and without any cavil or argument or delaying
tactics or reference by us to Bidder and without any need for the Executive Engineer, P.W.
Division Solapur.to convey to us any reasons for invocation of the Guarantee or to prove
the failure on the part of the Bidder to repay the amount of ___________ or to show
grounds or reasons for the demand or the sum specified therein, the entire sum or sums
within the limits of Rs. _______________ only).
3. Weherebywaive thenecessityoftheExecutive Engineer, P.W. Division Solapur.demanding
thesaidamount fromBidderprior toserving theDemandNoticeuponus.
4. We furtheragreeandaffirmthatnochangeoradditiontoorothermodificationto thetermsof
theAgreement,shallinany way releaseus fromany liability under
thisunconditionalandirrevocableGuaranteeand weherebywaivenoticeofany
suchchange,additionormodification.We furtherragreewiththeExecutive Engineer, P.W.
Division, No.2 Solapur.ThattheExecutive Engineer, P.W. Division
Solapur.Shallbethesoleand
theexclusivejudgetodeterminethatwhetherornotanysumorsumsaredue
andpayabletohimbyEntrepreneur,whicharerecoverablebythExecutive Engineer, P.W.
Division Solapur.by invocationofthisGuarantee.
5. This Guaranteewillnotbedischargeddue tothechange inconstitution ofthe
BankortheBidder.WeundertakenottowithdraworrevokethisGuarantee
duringitscurrency/validityperiod,exceptwith thepreviouswrittenconsent ofthe Executive
Engineer, P.W. Division, No.2 Solapur.
6. We unconditionally and irrevocably undertake to pay to the Executive Engineer, P.W.
Division, No.2 Solapur.any amount so demanded not exceeding Rs.
_______________________ (Rupees ________________ only), notwithstanding any dispute
or disputes raised by Bidder or anyone else in any suit or proceedings before any dispute
review expert, arbitrator, court, tribunal or other authority, our liability under this Guarantee
being absolute, unconditional and unequivocal. The payment so made by us under this
Guarantee to the Executive Engineer, P.W. Division Solapur.shall be a valid discharge of
our liability for payment under this Guarantee and the Bidder shall have no claim against us
for making such payment.
Page 48 of 196
REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
7. This Bank guarantee shall be payable at city of the P.W. Division Solapur at ____________
branch of the bank ____________________
8. ThisunconditionalandirrevocableGuaranteeshallremainin full forceandeffect
andshallremainvaliduntil (180daysfromtheProposalDue Date).
Notwithstanding anything contained herein :
1. Our liability under this Bank Guarantee shall not exceed Indian Rs.
__________________ (Rupees ____________________ only).
2. This unconditional and irrevocable Bank Guarantee shall be valid w.e.f.
_________________ (Date of Submission of Bid) to _____________________.
We are liable to pay the guaranteed amount or any part thereof under this
unconditional and irrevocable Bank Guarantee only and only if Executive Engineer, P.W.
Division Solapur.Serves upon us a written claim or demand on or before ________.
Authorized Signatory For Bank
Page 49 of 196
REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
G. POWER OF ATTORNEY BY EACH MEMBER OF THE JV IN FAVOUR OF LEAD
MEMBER
POWEROFATTORNEY
TOWHOMSOEVER ITMAYCONCERN
(To be notarized)
WHEREAS,we have decided to participate in the bidding process forthe “Design, Build, Finance,
Construction, Development, Implementation, Operation and Maintenance of the Jan
Suvidha Kendra, at KARAMBA, Tal-NORTH SOLAPUR.Dist-Solapur.Maharashtra”
(the“Project”)as
memberof_________________[nameoftheJV]independently,we,__________________nameofauthori
singcompany/agency],a______________ incorporatedunderthelawsof
______________,theregisteredaddressofwhichis___________________________,tolawfullyrepresen
tand actonourbehalfas theLeadMemberofthe JVtosignany qualificationstatement,
proposal,conductnegotiations,signcontracts,incurliabilitiesandreceiveinstructions
forusandonourbehalfandexecuteallothernecessary mattersinconnectionwiththe Project.
Weherebyconfirmthatwearejointlyandseverallyliable,togetherwithother membersof theJV, tothe
Engineer – in – chargeforallofthe obligationsof the JVinrespectfour
qualificationstatement,technicalandfinancialproposal forthe
Project,inaccordancewiththeRFPfortheProjectissued on______________________andas
amendedprior todatehereof.
We
herebyratifyandconfirmthatallactsdonebyoursaidattorney___________________________(nameofth
e Lead Member)shallbebindingonusasifthesamehasbeendonebyuspersonally. We hereby alsoratify
andconfirm thatifweareselectedas theSuccessfulBidder,weshall incorporate aCompanyunderThe
CompaniesAct,1956asperthe following shareholdingpattern:
Party % Shareholding
IN WITNESSWHEREOF,wehavehereuntosetourrespectivehandsthis________ dayof
___________________ 201___inthepresenceofthefollowingwitnesses
_________________________________________
Name, Signature of the Authorized Signatory
Witness1 Witness2
Signature ------------- Signature -----------
Name -------------- Name------------
Address -------------- Address---------
Page 50 of 196
REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
H. FORMAT OF PARENT / HOLDING COMPANY DEED OF GUARANTEE
FORMATOF PARENT/ HOLDING COMPANYDEED OFGUARANTEE (TOBEMADE ON
STAMPPAPER OF REQUISITEVALUEAND NOTORISED AND SHALL BE ADDRESSED
TO AUTHORITY)
DEED OFGUARANTEE
THIS DEED OF GUARANTEE executed at ___________ this _____________ day
of____________ by M/s ____________________ (mention complete name) a company duly
organized and existing under the laws of (insert jurisdiction / country), having its Registered
Office at_______________ hereinafter called the “Guarantor” which expression shall, unless
excluded by or repugnant to the subject or context thereof, be deemed to include its successors
and permitted assigns.
WHEREA
S
A. Executive Engineer, P.W. Division Solapur. The “Engineer – in – charge” which
expression shall unless excluded by or repugnant to the context thereof, be deemed to
include its successor and assigns), invited Bids / proposals for the Project titled “Design,
Build, Finance, Construction, Development, Implementation, Operation and
Maintenance of the Jan Suvidha Kendra, at __________, Maharashtra.” by
issuing Request For Proposal (“RFP”) bearing No. _____________________ (including its
addendums) to the prospective “Bidders” to implement the said Project for and on behalf
of the Engineer –in – charge.
B. M/s_____________ (mention compete name), a company duly organized and existing
under the laws of India (insert jurisdiction / country), having its Registered Office at
(give complete address) hereinafter called the “Subsidiary”, which expression shall,
unless excluded by or repugnant to the subject or context thereof, be deeded to include
its successor and permitted assigns, ( is a Subsidiary of the Guarantor, which has in
response to the above mentioned RFP document (including its addendums) is submitting
its Bid / Proposal to Executive Engineer, P.W. Division Solapurto fulfill the condition that
the Subsidiary shall arrange a guarantee from its Parent / Holding company, guaranteeing
due and satisfactory performance of the work covered under the said RFP document
(including its addendums) or any change made in may be deemed appropriate by the
Executive Engineer, P.W. Division Solapurat any stage.
C. TheGuarantor represents that theyhave gone through and understood the
requirementoftheabovesaidRFPdocument(includingitsaddendums) andare capableofand
committedtoprovidetechnical,financialandsuchothersupports
asmayberequiredbytheSubsidiaryfor thesuccessful executionof thesame.
D. The Guarantor is executing this Deed of Guarantee in favour of Executive Engineer, P.W.
Page 51 of 196
REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
Division Solapurwherein the Guarantor and the Subsidiary shall be jointly and severally
liable towards the Project and the Guarantor shall also be pledging / providing technical,
financial and such other supports as may be necessary to the Subsidiary for performance
of the work relating to the said Project as per the RFP document (including its
addendums) and as per the Agreement contained in the RFP document.
E. Accordingly,attherequestoftheSubsidiaryandinconsiderationofandasa
requirementforExecutive Engineer, P.W. Division Solapurtoenterintoagreement(s) with
the Subsidiary,theGuarantorherebyagreestogivethisguaranteeandundertakes asfollows:
1. TheGuarantor(Parent/HoldingCompany)unconditionallyagreesthatin caseofnon-
performance bytheSubsidiary ofanyofitsobligationsinany
respect,theGuarantorshall,immediately onreceiptofnoticeofdemand byExecutive
Engineer, P.W. Division Solapurtake upthe Projectwithoutanydemur or
objection,incontinuationandwithoutlossoftime andwithoutany costto Executive
Engineer, P.W. Division Solapuranddulyperformthe obligationsand
responsibilitiesoftheSubsidiary tothesatisfactionofExecutive Engineer, P.W.
Division SolapurIncasethe Guarantoralso failsto dischargeitsobligations
hereinandisnotabletocomplete theProjectsatisfactorily,Executive Engineer, P.W.
Division Solapurshallhaveabsoluterights foreffectingtheexecutionofthe Project
fromanyotherpersonat therisksandcostsoftheGuarantor.The
Guarantoralsoundertakestomake goodany lossthat may becauseto Executive
Engineer, P.W. Division Solapur,forany non-performanceorunsatisfactory
performance by the Guarantor or the Subsidiary of any of their obligations.
2. TheGuarantoragreesthattheGuaranteehereincontainedshallremain
validandenforceabletill thesatisfactory executionandcompletionofthe
Project(includingdischargeofthewarranty obligations)awardedtothe Subsidiary till
thecompletionoftheConcessionPeriod(includingany extension).
3. The Guarantor shall be jointly with the Subsidiary, as also severally responsiblefor
thesatisfactoryexecutionand performance of Project during the currency of the
“Agreement” to be entered amongst the SubsidiaryandExecutive Engineer, P.W.
Division Solapur.
4. TheGuarantorrepresentsthatthisGuaranteehasbeenissuedafterdue observance of
the appropriate laws in force in India. The Guarantor
herebyundertakesthattheGuarantorshallobtainandmaintaininfull
forceandeffectallthe governmentalandotherapprovals,permitsand consentsthat
arenecessaryanddoall otheractsand thingsnecessaryor desirable in
connectiontherewith orfor the due performance ofthe
Guarantor’sobligationshereunder
5. TheGuarantoralsoagreesthatthisGuaranteeshallbegovernedand construed
inaccordance withthelawsin forcein Indiaandsubjecttothe exclusive jurisdictionof
thecourtsof only Pune, Maharashtra, India.
6. TheGuarantorherebydeclaresandrepresentsthatthisGuaranteehas been
Page 52 of 196
REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
givenwithoutany undueinfluenceorcoercionfromanypersonand that theGuarantor
hasfullyunderstoodthe implicationsof thesame.
7. The Guarantor representsandconfirms that the Guarantorhas the legal
capacity,powerandauthority to issue this Guaranteeand that giving of this
Guaranteeand the performanceand observations of theobligations hereunder
donotcontraveneanyexisting lawor any judgment.
8. The Guarantor representsandconfirms that in pursuance to Para/ Point 7, the
Guarantorhas submittedand provided to Executive Engineer, P.W. Division
Solapur.(with this Deed of Guarantee),a valid Board Resolutionduly authorizing
the Guarantor topledge/provide technical, financial andsuch othersupports as
maybenecessary forperformance of the work relating to thesaid Project asper the
RFPand Agreement
Forandonbehalfof(Parent /HoldingCompany)
M/s
Witness:
1.
2.
Page 53 of 196
REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
I. FORMAT OF SELECTED BIDDER GUARANTEE TOWARDS SPC
Format of Successful Bidder GuaranteetowardsSPC (if applicableand afterLOA)
(ToBeMadeOn Stamp Paperofrequisitevalueandnotarised)
DEED OFGUARANTEE
THIS DEED OF GUARANTEE executed at _________ this _______ day of _____________ by
___________________________________________ (mention complete name) a company duly
organized and existing under the laws of ________________________ (insert jurisdiction /
country), having its Registered Office at _____________________ hereinafter called the
“Guarantor” or the “Successful Bidder”, which expression shall, unless excluded by or
repugnant to the subject or context thereof, be deemed to include its successors and permitted
assigns.
WHEREA
S
A. Executive Engineer, P.W. Division No. Solapur.or “Engineer –in- charge ”,which
expressionshallunlessexcludedby or repugnantto the contexthereof,bedeemed
toincludeitsuccessorand assigns), invitedBids/Proposalsforthe“Project”–“Construction
of Jan Suvidha Kendra and construction of toilets in general and ladies
toilets with drinking water and other public amenities along state
highways.”ByissuingRequest forProposal (“RFP”)document(includingitsaddendums)
totheprospective “Bidders” toimplementthesaidProject.
B. M/s _______________________(mention compete name), a company duly organized
and existing under the laws of India (insert jurisdiction / country), having its Registered
Office at _____________________ (give complete address) hereinafter called the special
purpose company,the “SPC”, which expression shall, unless excluded by or repugnant to
the subject or context thereof, be deemed to include its successor and permitted
assigns, (is an Associate of the Guarantor, and has been formed for the development of
the Project with one of the condition that the SPC shall arrange a guarantee from its
Parent / Holding Company, i.e. Guarantor, guaranteeing due and satisfactory
performance of the work covered under the said RFP document (including its
addendums) or any change made in may be deemed appropriate by the Executive
Engineer, P.W. Division No. 2, Solapur at any stage.
C. The Bid / Proposal submitted by the Guarantor was accepted by Executive Engineer,
P.W. Division No. 2, Solapur, and this Guarantor was declared the selectedBidder.
Accordingly, the Guarantor is executing this Deed of Guarantee towards / in favour of
its SPC after the issuance of Letter of Award (LOA) dated______________ by
Executive Engineer, P.W. ________ Division to the Guarantor / Successful Bidder.
Page 54 of 196
REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
D. The Guarantor represents that it has gone through and understood the requirement
of the above said RFP document (including its addendums) and are capable of and
committed to provide technical, financial and such other supports as may be required by
the SPC for the successful execution of the same.
E. TheGuarantorisexecutingthisDeedofGuaranteeinfavourofExecutive Engineer, P.W.
Division No. 2, Solapur,whereintheGuarantorandthe Associateshallbejointly and severally
liabletowardstheProjectand the Guarantorshallalsobepledging/
providingtechnical,financialandsuchothersupportsasmaybenecessaryto theAssociate
forperformanceoftheworkrelatingto the saidProjectas per the
RFPdocument(includingitsaddendums)andas pertheAgreement
containedintheRFPdocument.
F. Accordingly,at the requestoftheAssociateandinconsiderationofandasa requirement
forExecutive Engineer, P.W. Division No. 2, Solapur toenterintoagreement(s)with the
SPC,the Guarantorhereby agrees to givethisguaranteeandundertakes as follows:
1. TheGuarantor(Parent/HoldingCompany)unconditionallyagreesthatin case ofnon-
performance by the SPCofany ofits obligations in any
respect,theGuarantorshall,immediately onreceiptofnoticeofdemand byExecutive
Engineer, P.W. Division No. 2, Solapur, takeup theProjectwithoutanydemuror
objection,incontinuationandwithoutlossoftime andwithoutany costto Executive
Engineer, P.W. Division No. 2, Solapur andduly performtheobligationsand
responsibilitiesofthe SPCtothesatisfaction of Executive Engineer, P.W. Division
No. 2, Solapur. Incase the Guarantoralso failsto discharge itsobligations
hereinandisnotabletocomplete theProjectsatisfactorily,Executive Engineer, P.W.
Division No. 2, Solapur shallhaveabsoluterights foreffectingtheexecutionofthe
Project fromanyotherpersonat therisksandcostsoftheGuarantor.The
Guarantoralsoundertakestomake goodany lossthat may becausedto Executive
Engineer, P.W. Division No. 2, Solapur forany non-performanceorunsatisfactory
performancebytheGuarantor or the SPC ofany oftheirobligations.
2. TheGuarantoragreesthattheGuaranteehereincontainedshallremain
validandenforceabletill thesatisfactory executionandcompletionofthe
Project(includingdischargeofthewarranty obligations)awardedtothe SPC till the
completion of the Concession Period (including any extension).
3. TheGuarantorshallbejointlywiththeSPC,asalsoseverallyresponsible
forthesatisfactoryexecutionandperformance ofProjectduringthe currency
ofthe“Agreement” tobeenteredamongsttheSPC, Executive Engineer, P.W.
________ Division.
4. TheGuarantorrepresentsthatthisGuaranteehasbeenissuedafterdue observance of
the appropriate laws in force in India. The Guarantor
herebyundertakesthattheGuarantorshallobtainandmaintaininfull
forceandeffectallthegovernmentalandotherapprovals,permitsand consentsthat
arenecessaryanddoall otheractsand thingsnecessaryor desirable in
connectiontherewith orfor the due performance ofthe
Page 55 of 196
REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
Guarantor’sobligationshereunder.
5. The Guarantoralso agrees that this Guarantee shallbe governedand construed
inaccordance with the laws in force in Indiaandsubject to the paragraph 6 below
(Dispute Resolution), the courts of __________________, Maharashtra, India shall
have exclusive jurisdiction.
6. The provisions of the Dispute Resolution clause set out in the Concession
Agreement shall be deemed to have been incorporated herein and shall mutatis
mutandis apply this Guarantee.
7. TheGuarantorherebydeclaresandrepresentsthatthisGuaranteehas been
givenwithoutany undueinfluenceorcoercionfromanypersonand that theGuarantor
hasfullyunderstoodthe implicationsof thesame.
8. TheGuarantorrepresentsandconfirmsthattheGuarantorhasthelegal
capacity,powerandauthority toissuethisGuaranteeandthatgivingof thisGuaranteeand
the performanceand observationsoftheobligations hereunder
donotcontraveneanyexistinglawor any judgment.
9. TheGuarantorrepresentsandconfirmsthatinpursuancetoPara/Point 7,the
GuarantorhassubmittedandprovidedtoExecutive Engineer, P.W. Division No. 2,
Solapur.(with thisDeed ofGuarantee),a valid Board Resolution duly authorizingthe
Guarantortopledge/provide technical, financial andsuch
othersupportsasmaybenecessary forperformanceoftheworkrelating tothesaid
Project asper the RFPandAgreement
For and on behalf of (Parent / Holding Company
Witness
1.
2.
Page 56 of 196
REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
J. DRAFT JOINT VENTURE AGREEMENT
(ToBeMadeOn Stamp Paperof requisitevalueandnotarized)
ThisJointVentureAgreement(the “AGREEMENT”)madeat onthis dayof ,201__
BY AND AMONGST
M/s {Lead Member (JV Member 1)}, a _____________________ incorporated under
(name of the relevant act/law of under which registered in the country of registration) and
having its registered office / a company incorporated under the Laws of __________________
(hereinafter referred to as “ ”, which expression shall unless repugnant to the context or
meaning thereof be deemed to mean and include its successors in interest, subsidiaries and
assigns) of the ONE PART;
AND
M/s (JV Member 2), a incorporated under the ________________ and having its registered
office / a company incorporated under the Laws of ________________________-(hereinafter
referred to as “ ”, which expression shall unless repugnant to the context or meaning
thereof be deemed to mean and include its successors in interest, subsidiaries and assigns) of
the SECOND PART;
AND
M/s (member 3), a company incorporated under the ____________________ and having
its registered office / a company incorporated under the Laws of ______________- (hereinafter
referred to as “ ”, which expression shall unless repugnant to the context or
meaning thereof be deemed to mean and include its successors in interest, subsidiaries and
assigns) of the THIRD PART ( ____________________-, and shall be individually referred to
as the “Party” and jointly referred to as the “Parties” or “JV Members”).
WHEREAS:
1. Executive Engineer, P.W. _________ Division, ___________ andinvited
Bids/Proposals fromregistered PartnershipFirms,Company andJointVenture for
theworkof“Design, Build, Finance, Construction, Development,
Implementation, Operation and Maintenance of the Jan Suvidha Kendra, at
KARAMBA Tal-NORTH SOLAPUR.Dist-Solapur.,
Maharashtra.”(Hereinafterreferredtoasthe“Project”).
2. M/s. ______________________,M/s. ______________ and M/s.
______________have agreed to consolidate their resources and experience, and
apply jointly as a Joint Venture (hereinafter referred to as the “Joint Venture”), vide
Page 57 of 196
REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
this JointVenture Agreement, for the purpose of developing and completing the
Project, within time frame stipulated in the Request for Proposal Document
(hereinafter referred to as the “RFP”).
3. M/s ___________________, M/s _________________ and M/s ________________
have therefore agreedto enter into this Joint Venture Agreement in respect of the
submission of the Bid/Proposal for the Project on the terms set out below.
NOWTHEREFORE IN CONSIDERATION OF THEPREMISESANDTHE MUTUAL
CONVENANTS HEREIN CONTAINED THE PARTIES HEREBY AGREE AS FOLLOWS:
1. Therecitalhereincontainedshallconstituteandintegralandoperative part ofthis AGREEMENT.
2. ThePartiesheretoagreetoconsolidatetheirresourcesandherebyform
aJointVenturetojointlyprepare,submitandBidfortheProject,which
hasfinancingandcommercial benefits,asdetailedin theRFPdocument issuedby Executive
Engineer, P.W. _____ Division, _____________________for the
implementation/execution/ maintenance and operationandcompletionofthe Project.
3. ThePartiesheretoagreethat shall be
theLeadMemberandshallbetheJVMembers2&3respectively oftheJointVenture.
4. The Parties shall mutually and jointly take all the decisions in respect of the Project on
behalf of the Joint Venture. (Lead Member) shall be authorized to act on behalf of the
Joint Venture as their representative for up gradation, implementation/execution and
completion of the Project.
5. Undertakesthatithasthenecessaryqualificationto
fulfiltechnicalandfinancialcapabilitycriteriafortheupgradation,implementation/executionan
dcompletionofthe Projectasdetailedinthe RFP Document{includingthe
draftAgreement(Section-IIof theRFPdocument)}.
6. For the purpose of execution of the Project, in the event of award of the Project to the
Joint Venture, the Parties will set up a Special Purpose Company (“SPC”), formed under
the Companies Act, 1956. The common equity shareholding pattern of the SPC shall
consist of % shares to be held by , % shares to be held by , and
% shares to be held by . (Lead Member) shall individually and compulsorily
hold such minimum equity stake, as per the requirements of the RFP, in the SPC till the
end of the Concession Period. On successful award of the Project, the SPC shall enter
into “Agreement”) with Executive Engineer, P.W. Division, No.2 Solapur.(as per the RFP
Document), which shall specify the terms and conditions of the development and
completion of the Project and shall carry out all the responsibilities in the terms of the
RFP. The registered office of the Joint Venture/SPC shall be located at ____________
7. , and shallbejointlyandseverallyliablefor theDevelopment/ Construction, implementation,
operationandmaintenanceoftheProjectinaccordancewiththeterms of
theRFPDocument.ItisfurtherunanimouslyagreedbythePartiesthat theLeadMember, along
Page 58 of 196
REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
withotherJVMembersin the SPC shall:-
A. CoordinatethedaytodayactivitiesoftheJointVenture/SPC;
B. Undertaketobejointlyandseverallyliable/responsibleforallthe
obligationsandliabilitiesrelatingtotheProject,inaccordance withthetermsofthe
RFPDocumentandtheAgreementwithExecutive Engineer, P.W. Division, No.2
Solapurtill theendofthe ConcessionPeriod;
C. Completeallworks assigned undertheRFPDocument(including Agreement)within the
time periodstipulated in the RFPdocument; and
D. Executeindividual/independentDeedofGuaranteebyallJV Members, towards theSPC,
infavour of Executive Engineer, P.W. Division Solapurforthe
pledging/providingtechnical,financialandsuch other supports as may be necessary
for the performance of worksassignedunder theRFPDocument (includingdraft
Agreement)within the time periodstipulated in the RFPdocument.
8. The role and the responsibility of each Party for the Construction/
implementation,operation&maintenance andexecutionoftheProject shall beasfollows:
Name
of
Type of
Member
Role & Responsibility
JV Member 1
(Lead Member)
JV Member 2
JV Member 3
9. Allthebasic/fundamentaltermsandconditionsofthisAGREEMENTshall be incorporated in the
Article of Association of the SPC (to be incorporatedby theParties).Anyothertermsand
conditionstotheextent notagreeduponby thePartiesinthisAGREEMENT(andwhicharenot
contradictory to thebasic/fundamental provisionsofthisAGREEMENT) shallbemutually
agreeduponby thePartiesandincorporatedinthe ArticleofAssociationoftheSPC
10. Confidentiality–Allinformation,document,etc.Exchangedbetweenthe Partiesrelatedto
thisagreementor the preparationofany bidor the performance ofthe Projectshall remain
confidential and shallnotbe revealedtothirdparties foracertaintimeperiodtobeagreedupon.
Unlessotherwise required bylaw,the Partiesundertake notto disclose to any thirdparty
orany elseand/oruseany Information,withoutprior consentof theotherParty.
11. TermandDuration–ThisAGREEMENTshallcomeintoeffectonthe
dateofsubmissionoftheBid/Proposal fortheupgradation,
implementation/executionandcompletionofthe Project.This AGREEMENTshall
terminateupon thesuccessful completionofthe Projectand maybeextendedfurther
forsuchperiodasmaybe required bytheExecutive Engineer, P.W. Division, No.2
SolapurThisAGREEMENTcanbeterminated only upon Joint Venture’s/SPC’s Bid for the
Project is conclusively rejectedbytheExecutive Engineer, P.W. Division, No.2 Solapur.
12. Costs/Expenses–Allout-of-pocketexpenses/costsofandincidentalto
thisAGREEMENTincludingstampdutyandregistration fees,ifanyshall beborneandpaidby
thePartiesinproportionto theirshareholdinginthe SPC.EachParty shallpay
Page 59 of 196
REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
andbeartheirownadvocated/solicitors feesin thepreparationofthisAGREEMENT.
13. GoverningLaw–ThisAGREEMENTshallinallrespectbegoverned, construedand
interpretedinaccordancewithlawsofRepublicofIndia.
14. SettlementofDisputes–AnydisputesarisingoutofthisAGREEMENT shallbeamicably
settledbytheauthorizedrepresentativesoftheParties, failingwithany
suchdisputesshallberesolved by Arbitrationin
accordancewiththeArbitrationandConciliationAct,1996,byoneor more
arbitratorsappointedinaccordancewiththesaidAct.This Clause shall survive the
terminationofthisAGREEMENT.
LanguageofArbitrationshall beEnglish. TheseatoftheArbitration
proceedingsshallbein______________,India.TheParties jointly andseverally
undertakethat theup gradation, implementation/executionand
completionoftheProjectshall notbe affectedduring thedispute(s)or thesettlement of
dispute(s) period. TheAwardrenderedbytheArbitralTribunalshallbefinalandbinding upon
the Parties.
15. IntheeventofadisputebetweenthePartiesoverthesubjectofthis
AGREEMENT,theprevailingparty shallbeentitledtoreasonable advocates/solicitors’
feesandcostsincurredintheresolutionofsuch dispute.
16. Amendments–ThisAGREEMENTcanbeamendedorsuppressedby
furtheragreementmadeinwritingattherequestofanyoftheParties afterunanimousapprovalby
thePartiesandbyobtainingpriorconsent andwrittenapprovalfrom Executive Engineer, P.W.
Division Solapur.
17. Notices–Anynotices,requests,demandsoranycommunicationsfrom any party to the other
party under this Agreement shall be by Regd./Speed mailorfacsimiletransmissionsentto
the addressesas indicatedinthisAgreement.Any party may changeitsaddressbutshall
promptly informExecutive Engineer, P.W. Division Solapur.AndtheotherParties/JV
Membersofanysuchchange.
18. Language–TheofficiallanguageofthisAGREEMENTandallfuture agreementsshall beEnglish
19. Assignment–NoneofthePartiestothisAGREEMENTshallhavetheright toassignitsbenefitsor
liabilitiesunderthisAGREEMENTtoany othercompany,
firmorpersonwithoutobtainingpriorconsentandwritten approval ofExecutive Engineer,
P.W. Division Solapur.
20. Entire Agreement –This Agreement constitutesthe entire agreement
betweenthePartiesandsupersedesallprior writings,agreementsor understandingsrelatingto
thesubject matter thereof.
INWITNESSWHEREOFthePartiesheretohavecausedthisAGREEMENT tobe
executedbytheirdulyauthorized representativesthedayandyearfirstabovewritten.
Page 60 of 196
REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
SIGNED AND DELIVERED BY
By ________
Title ________
Date _________
Witness
1.
2.
Page 61 of 196
REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
K. FORMAT OF DEED OF GUARANTEE (IN CASE OF JV) TOWARDS SPC (IF
APPLICABLE & AFTER LOA)
(ToBeMadeOnStamp Paperofrequisitevalueandnotarised)
DEED OFGUARANTEE
THIS DEED OF GUARANTEE executed at _____________ this _____________ day of 20____
by ______________________ (mention complete name) a company duly organized and
existing under the laws of (insert jurisdiction / country), having its Registered Office at
______________________________ hereinafter called the “Guarantor” or the “Joint Venture
(JV) Member- (1/2/3)”, which expression shall, unless excluded by or repugnant to the subject
or context thereof, be deemed to include its successors and permitted assigns.
WHERE
AS
A. Executive Engineer, P.W. ___ Division, ______. Which expression shall unless excluded
by or repugnant to the context thereof, be deemed to include its successor and
assigns), invited Bids / Proposals for the Project titled “Design, Build, Finance,
Construction, Development, Implementation, Operation and Maintenance of
the Jan Suvidha Kendra, at KARAMBA Tal-NORTH SOLAPUR. Dist-
SolapurMaharashtra” by issuing Request For Proposal (“RFP”) document (including
its addendums) to the prospective “Bidders” to implement the said Project for and on
behalf of the Authority.
B. M/s (mention compete name), a company duly organized and existing under the
laws of India (insert jurisdiction / country), having its Registered Office at (give
complete address) hereinafter called the Special Purpose Company “the SPC”, which
expression shall, unless excluded by or repugnant to the subject or context thereof, be
deemed to include its successor and permitted assigns, ( is an Affiliate of the
Guarantor, and has been formed for the development of the Project with one of the
condition that the SPC shall arrange guarantees from its Joint Venture (JV) Members,
i.e. Guarantors, guaranteeing due and satisfactory performance of the work covered
under the said RFP document (including its addendums) or any change made in may be
deemed appropriate by the Executive Engineer, P.W. Division Solapur.at any stage.
C. The Bid / Proposal submitted by the Joint Venture (JV) Members i.e. (i) , (ii)
and (iii) [Guarantors] was accepted by Executive Engineer, P.W. Division
Solapuron behalf of Executive Engineer, P.W. Division Solapurand the Guarantors were
declared the “Successful Bidder”. Accordingly, this Guarantor i.e. Joint Venture (JV)
Member- (1/2/3) is executing this individual Deed of Guarantee towards / in favour of
this SPC after the issuance of Letter of Award (LOA) dated by Executive Engineer,
P.W. Division Solapurto the Successful Bidder.
D. The Guarantor represents that it has gone through and understood the
requirementoftheabovesaidRFPdocument(includingitsaddendums) andare capableofand
committedtoprovidetechnical,financialandsuchothersupports
asmayberequiredbytheSPCfor thesuccessful executionofthesame.
E. TheGuarantorisexecutingthisDeedofGuaranteeinfavourofExecutive Engineer, P.W. P.W.
Page 62 of 196
REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
Division Solapurwhereinthe Guarantor (alongwith otherJointVenture (JV) Members)and
theAffiliate(SPC)shallbe jointlyandseverally liabletowards the Projectandthe
Guarantorshallalsobepledging/providingtechnical,financial andsuchothersupportsas may
benecessary to theAffiliate (SPC) for performance ofthe workrelatingto the said
Projectasperthe RFP document
(includingitsaddendums)andaspertheAgreementcontainedin theRFPdocument.
F. Accordingly,attherequestoftheAffiliateandinconsiderationofandasa requirement
forExecutive Engineer, P.W. Division Solapurtoenterintoagreement(s)with the
SPC,theGuarantorhereby agreesto givethisGuaranteeandundertakesas follows:
1. TheGuarantor(JVMember-1/2)unconditionallyagreesthatincaseof non-performanceby
theSPCofany ofitsobligationsinany respect,the
Guarantorshall,immediatelyonreceiptofnoticeofdemandbyExecutive Engineer, P.W.
Division Solapurtakeup theProjectwithoutany demurorobjection,
incontinuationandwithoutlossoftimeandwithoutanycosttoExecutive Engineer, P.W.
Division Solapurand duly perform the obligations and responsibilitiesofthe
SPCtothesatisfaction of Executive Engineer, P.W. Division Solapur.Incase the
Guarantoralso failsto dischargeitsobligations hereinandisnotabletocomplete
theProjectsatisfactorily,Executive Engineer, P.W. Division
Solapur,shallhaveabsoluterights foreffectingtheexecutionofthe Project
fromanyotherpersonat therisksandcostsoftheGuarantor.The
Guarantoralsoundertakestomake goodany lossthat may becausedto Executive
Engineer, P.W. Division Solapurforany non-performanceorunsatisfactory
performancebytheGuarantor or the SPC ofany oftheirobligations.
2. The Guarantoragreesthatthe Guaranteehereincontainedshallremain
validandenforceabletill thesatisfactory executionandcompletionofthe
Project(includingdischargeofthewarranty obligations)awardedtothe SPC till the
completion of the Concession Period (including any extension).
3. The Guarantor shall be jointly with the SPC, as also severally responsible for the
satisfactory execution and performance of Project during the currency of the
“Agreement” to be entered amongst the SPC, Executive Engineer, P.W. Division
Solapur
4. The Guarantor represents thatthis Guarantee has been issued afterdue observance
of the appropriate laws in force in India. The Guarantor
herebyundertakesthattheGuarantorshallobtainandmaintaininfull forceandeffectallthe
governmentalandotherapprovals,permitsand consentsthat arenecessaryanddoall
otheractsand thingsnecessaryor desirable in connectiontherewith orfor the due
performance ofthe Guarantor’sobligationshereunder.
5. The GuarantoralsoagreesthatthisGuarantee shallbe governedand construed
inaccordance withthelawsinforcein Indiaandsubjecttothe paragraph 6 below
(Dispute Resolution), the courtsof __________________, Maharashtra,India shall
have exclusive jurisdiction.
6. The provisions of the Dispute Resolution clause set out in the Concession Agreement
shall be deemed to have been incorporated herein and shall mutatis mutandis apply
this Guarantee.
7. The Guarantorherebydeclaresandrepresentsthatthis Guaranteehas
beengivenwithoutany undueinfluenceorcoercionfromanypersonand that theGuarantor
hasfullyunderstoodthe implicationsof thesame.
Page 63 of 196
REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
8. TheGuarantorrepresentsandconfirmsthatthe Guarantorhasthelegal
capacity,powerandauthority toissuethisGuaranteeandthatgivingof thisGuaranteeand
the performanceand observationsoftheobligations hereunder
donotcontraveneanyexistinglawor anyjudgment.
9. TheGuarantorrepresentsandconfirmsthatinpursuancetoPara/Point7,the
Guarantorhassubmittedandprovidedto (Executive Engineer, P.W. Division
Solapur(with thisDeed ofGuarantee),a valid Board Resolution duly authorizingthe
Guarantortopledge/provide technical, financial andsuch
othersupportsasmaybenecessary forperformanceoftheworkrelating tothesaid Project
asper the RFPandAgreement
FOR & ON BEHALF OF
_________________________
Witness:
1.
2.
Page 64 of 196
REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
L. POWER OF ATTORNEY BY THE LEAD MEMBER OF THE JV IN FAVOUR OF ITS
DULY AUTHORIZED REPRESENTATIVE
POWEROFATTORNEY
TOWHOMSOEVER ITMAYCONCERN
(Notarized)
WHEREAS,the ----------[nameoftheJV] hasdecidedtoparticipate in the bidding process for the
“Design, Build, Finance, Construction, Development, Implementation, Operation and
Maintenance of the Jan Suvidha Kendra, at __________, Maharashtra” (the“Project”)
with us as the Lead Member,we hereby authorize,(i) ---- -----------[Name],an Indian inhabitant,
with PAN No. ____________________and residing at ___________________ (ii) (if
required),,tolawfullyrepresentand actonourbehalfas our authorized representativetosignany
qualificationstatement,
proposal,conductnegotiations,signcontracts,incurliabilitiesandreceiveinstructions
forusandonourbehalfandexecuteallothernecessary acts, deeds, matters and
thingsinconnectionwiththe Project.
We herebyratifyandconfirmthatallactsdonebyoursaidattorney(s)------
(name(s))shallbebindingonusasifthesamehasbeendonebyuspersonally.
IN WITNESSWHEREOF,wehavehereuntosetourrespectivehandsthis---------dayof --------201___
inthepresenceofthefollowingwitnesses
_________________________________________
Name , Signature of Authorized Signatory
Witness1 Witness2
Signature ------------- Signature-----------
Name -------------- Name------------
Address -------------- Address---------
Page 65 of 196
REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
M. FORMAT OF LETTER OF AWARD
(To be issued on letterhead of the Executive Engineer, Public Works
Division__________________________ in duplicate as per the RFP)
No. [___________________]
OFFICE OF EXECUTIVE ENGINEER,
Public Works Division,Solapur. Sat Rasta, Near Govt. Milk Dairy,
Solapur 413 001 Ph.No.(0217)2312310
Email- [email protected]
Dated: [___________________, 20___]
To,
[Name of Authorized Signatory of the selected Bidder]
[Designation of Authorized Signatory of the selected Bidder]
[Name of selected Bidder]
[Registered Address of the selected Bidder]
Re: (1) The Request for Proposal(“RFP”) dated ___________________________
bearing RFP No. ________________________ issued by the Executive
Engineer, Public Works Division, __________________, the Government of
Maharashtra for the “Design, Build, Finance, Construction, Development,
Implementation, Operation and Maintenance of the Jan Suvidha
Kendra, at KARAMBA Tal-NORTH SOLAPUR Dist-Solapur. ,
Maharashtra” (“Project”);
(2) The Bid submitted by you on ____________________________ in response to
the RFP.
Sub: The Letter of Award.
Dear Sir,
We refer to the Bid submitted by you on _____________________ in response to the RFP.
Based on the Bid submitted by you, we hereby convey our decision to declare you, [Name of
Entity] as the ‘Selected Bidder’ as per the terms and conditions of the RFP.
This declaration and award are subject to the fulfilment of the following terms and conditions by
you within the prescribed time as follows:
Page 66 of 196
REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
(a) You shall, within 7 (seven) days of the receipt of this Letter of Award, sign and return
the duplicate copy of the Letter of Award in acknowledgement thereof.
(b) You shall incorporate a company a project company (“SPC”) as a special purpose
vehicle, for carrying out the Project prior to the execution of the Concession Agreement
(“Agreement”)on or before _______________________________.
(c) You shall have submitted the Selected Bidder Guarantee towards SPC in the form and
format set out in the RFP on or before _______________________________, in
accordance with the requirements of the RFP.
(d) You shall submit or shall have procured that the SPC submits the Performance Security
on or before _______________________________, in accordance with the
requirements of the RFP prior to execution of the Concession Agreement.
(e) You shall have procured that the SPC duly sign and execute (i) the Concession
Agreement; (ii) the Land Licence Agreement, as per the requirement of the RFP on or
before _______________________________. For the said purpose, the authorised
signatory of the SPC shall be present on the execution date at the Office of the
Executive Engineer, Public Works Division______________________ with: (i) photo
identity issued by any Government authority confirming identity of such person along
with a self – attested photocopy; (ii) original certified true copy of a resolution passed
by the board of directors of the SPC authorising the Authorised Representative to
execute the said agreementsand do all such acts as may be necessary or incidental
thereto.
(f) You shall fulfil and take all necessary actions to fulfil each of the Conditions Precedent
within the period prescribed therefor in the Concession Agreement.
The Office of the Executive Engineer, Public WorksDivisionNo.2 Solapur.Reserves the right to
extend the time, at its sole discretion, for compliance of any of the aforesaid conditions.
In the event, the selected Bidder fails to comply with or breaches any of the aforesaid conditions
or any other provisions of the RFP, the Office of the Executive Engineer, Public WorksDivision
Solapur may, unless it consents to extension of time for submission thereof, may appropriate
and encash the Bid Security and/or terminate this Letter of Award.
Capitalised words and phrases used herein but not defined shall bear the same meaning as
ascribed to the same under the RFP and the Concession Agreement attached thereto.
________________
OFFICE OF THE EXECUTIVE ENGINEER,
Public Works Division,Solapur. Sat Rasta, Near Govt. Milk Dairy,
Page 67 of 196
REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
Solapur 413 001 Ph.No.(0217)2312310
Email- [email protected]
Page 70 of 196
FINAL DRAFT CONCESSION AGREEMENT FOR CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
SECTION – II
Page 71 of 196
FINAL DRAFT CONCESSION AGREEMENT FOR CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
DRAFT CONCESSION AGREEMENT
FOR THE
DESIGN, BUILD, FINANCE, CONSTRUCTION, DEVELOPMENT,
IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE
JAN SUVIDHA KENDRA, AT KARAMBA,TAL-NORTH
SOLAPUR,DIST-SOLAPUR,MAHARASHTRA
Executive Engineer Public Works Division,
Sat Rasta, Near Govt. Milk Dairy,
Solapur 413 001 Tel- (0217)2312310, e – mail: [email protected]
Page 72 of 196
FINAL DRAFT CONCESSION AGREEMENT FOR CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
TABLE OFCONTENTS
DEFINITIONS AND INTERPRETATION .................................................................................... 78
Definitions ...................................................................................................................................... 78
Relation between the Parties ......................................................................................................... 85
Measurements and Arithmetic Conventions .................................................................................. 87
Ambiguities within Agreement ....................................................................................................... 87
Priority of Documents .................................................................................................................... 87
SCOPEOF THE PROJECT ............................................................................................................ 89
CONCESSION ............................................................................................................................. 91
GrantofConcession .......................................................................................................................... 91
Actions in Support of the Concession ........................................................................................... 93
Concession Period ......................................................................................................................... 94
Implementation Period ................................................................................................................. 94
CONDITIONS PRECEDENT ....................................................................................................... 98
Obligations for satisfaction of Conditions Precedent forthe Concessionaire .................................... 98
General Obligations to satisfy Condition Precedents ..................................................................... 99
Non– satisfaction of Conditions Precedent .................................................................................. 100
COMMERCIAL CONSIDERATION ........................................................................................... 102
Commercial Charges .................................................................................................................... 102
Performance Security .................................................................................................................. 102
OBLIGATIONS OF THE AUTHORITY DURING THE IMPLEMENTATION PERIOD ............... 103
General Obligations of the Authority during the Implementation Period ..................................... 103
OBLIGATIONS OF THE CONCESSIONAIRE DURING THE IMPLEMENTATION PERIOD .... 104
Obligations of the Concessionaire during the Implementation Period ......................................... 104
Minimum Equity Requirements .................................................................................................... 107
GENERAL OBLIGATIONS IN RELATION TO THE PROJECT AGREEMENTS ......................... 108
FORMATION AND MEETINGS OF THE COMMITTEE ............................................................. 110
COMPLETION OF IMPLEMENTATION .................................................................................... 112
OPERATIONS AND MAINTENANCE PERIOD ......................................................................... 115
AGREEMENT COMPLETION CERTIFICATE............................................................................. 121
REPRESENTATIONS AND WARRANTIES ............................................................................... 122
VARIATIONS AND CHANGE OF SCOPE .................................................................................. 125
TERMINATION FOR EVENTS OF DEFAULT AND SUSPENSION ............................................ 127
CONSEQUENCES OF TERMINATION ...................................................................................... 131
Page 73 of 196
FINAL DRAFT CONCESSION AGREEMENT FOR CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
Termination Payment for Termination by the Authority ................................................................... 131
Other rights and obligations upon Termination ............................................................................... 134
Limitation of Termination Payments by the Authority ...................................................................... 135
FORCE MAJEURE ...................................................................................................................... 136
Force Majeure Events .................................................................................................................... 136
Non – Political Force Majeure Events .............................................................................................. 136
Indirect Political Force Majeure Event ............................................................................................. 137
Political Force Majeure Event ......................................................................................................... 137
Exceptions applicable to the Concessionaire................................................................................... 137
Exceptions Applicable to the Authority ............................................................................................ 138
Effect of Force Majeure before the issue of Notice to Commence .................................................... 138
Effect of Force Majeure after Compliance Date ............................................................................... 138
Allocation of costs during the subsistence of Force Majeure ............................................................ 139
Termination Notice ........................................................................................................................ 139
Termination Payments for Force Majeure Events ............................................................................ 139
Dispute Resolution ........................................................................................................................ 139
Liability for other losses, damages etc. ........................................................................................... 139
Duty to Report .............................................................................................................................. 139
Excuse from performance of obligations ......................................................................................... 140
DISPUTE RESOLUTION ........................................................................................................... 141
PERIODICAL AUDIT AND INSPECTION ................................................................................. 143
FINANCING DOCUMENTS ....................................................................................................... 144
TAXATION AND CONFIDENTIALITY ...................................................................................... 145
PROJECT REVENUES AND COMMERCIAL CHARGES ............................................................ 147
TRANSFER OF THE PROJECT .................................................................................................. 148
MISCELLANEOUS PROVISIONS ............................................................................................. 150
Governing Law and Jurisdiction...................................................................................................... 150
Waiver… ....................................................................................................................................... 150
Exclusion of implied warranties ...................................................................................................... 150
Severability ................................................................................................................................... 150
Entire Agreement .......................................................................................................................... 151
Custody of Documents .................................................................................................................. 151
Copyright ...................................................................................................................................... 151
Use of the Authority's Documents .................................................................................................. 151
Compliance with Laws and Directives ............................................................................................. 151
Page 74 of 196
FINAL DRAFT CONCESSION AGREEMENT FOR CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
Joint and Several Liability .............................................................................................................. 152
Notice………………………………………………………………………………………………………………………………..152
Language ………………………………………………………………………………………………………………………….153
No Assignment ............................................................................................................................ 153
No Termination ............................................................................................................................ 153
Counterparts ................................................................................................................................. 153
SCOPE OF WORK AND SPECIFICATIONS .............................................................................. 156
FORMAT OF PERFORMANCE SECURITY ................................................................................ 172
CALCULATION METHODFOR PREMIUM ................................................................................ 174
THE SITE ................................................................................................................................... 177
FORMAT OF AUDIT REPORT ................................................................................................... 178
SCHEDULE – VI CERTIFICATE BY EXECUTIVE ENGINEER AT TIME OF COMPLETION OF
IMPLEMENTATION .................................................................................................................. 181
FORMAT FOR WORKING OF PREMIUM PAID ....................................................................... 183
CONSENT FOR SUB LETTING .................................................................................................. 184
FORMAT FOR AGREEMENT COMPLETION CERTIFICATE ..................................................... 185
FINANCIAL MODEL AND VARIOUS FORMATS FOR CALCULATION OF TERMINATION
PAYMENT .................................................................................................................................. 186
PROVISIONAL COMPLETION CERTIFICATE ......................................................................... 187
Page 75 of 196
FINAL DRAFT CONCESSION AGREEMENT FOR CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
CONCESSION AGREEMENT
THIS CONCESSION AGREEMENT (the “Agreement”) is entered into on this the
________________ day of _______________________ at ____________________________
BETWEEN
PARTIES:
THE GOVERNOR OF MAHARASHTRA, through the Executive Engineer, Public Works
Division, Solapur (hereinafter referred to as the “Authority”)
whichexpressionshall,unlessthecontext otherwise requires,includeitsadministrators,
successorsandassigns)of theONEPART1;
AND
___________________________________ LIMITED,acompanywithin the meaning of
the Companies Act, 2013 with Corporate Identification Number (C.I.N.)
1The draft Concession Agreement issued to the Bidders may be customized for bid – specific purposes in accordance with the instructions below: Note 1: The provisions are to be retained in the draft Concession Agreement forming part of Bidding Documents and shall be suitably modified by the Bidders after the issue of Letter of Award (LOA) in order to reflect the bid-specific particulars in the Concession Agreement. The provisions in curly brackets are to be retained in the Concession Agreement if applicable based on bid – specific conditions. Note 2: Blank spaces are to be retained in the draft Concession Agreement and shall be suitably filled by the Bidders after the issue of LOA in order to reflect bid – specific particulars in the Concession Agreement. However, blank spaces shall be retained in all Schedules which contain formats that are to be used after the Concession Agreement is executed. These instructions are to be removed prior to execution of the finalized Concession Agreement.
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__________________________ andhavingitsregistered office at
_______________________________________________________ (hereinafter referred to as
the “Concessionaire” which
expressionshall,unlessthecontextotherwiserequires,includeitssuccessorsandpermittedassigns)ofthe
OTHERPART.
The Authority and the Concessionaire are hereinafter, collectively referred to as, the “Parties”
and each, individually as a “Party”.
RECITALS:
WHEREAS:
A. The Authority, seeks to construct ‘Jan Suvidha Kendras’ for the benefit of the users of
the National Highway (NH) No 65, which shall inter alia include general and ladies
toilets, provide clean drinking water and provide other public amenities, under the work
titled“DESIGN, BUILD, FINANCE, CONSTRUCTION, DEVELOPMENT,
IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE JAN SUVIDHA
KENDRA, AT AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR,
MAHARASHTRA” and seeks to involve private participation on design, build, finance,
construct, implement, operate, maintain and transfer basis.
B. The Parties are entering into this Agreement on the mutual understanding that the
design, build, finance, construction, development, operation and maintenance of the
Project (hereinafter defined) and / or the performance of any of the obligations of the
Concessionaire under this Agreement shall be entirely self – funded by the
Concessionaire and the Concessionaire shall not enter into any financing arrangement
with any lenders, banks to financial institutions in connection with the Project
(hereinafter defined) and / or shall not create any interest, title, lien, charge and / or
Encumbrance (hereinafter defined) over any of the Assets (hereinafter defined) of the
Project (hereinafter defined), at any time during the subsistence of the Agreement.
C. The Authority had accordingly invited proposals by its Expression of Interest No. 03 year
2016-17 dated 18.04.2016 (the “Expression of Interest” or “EOI”) for short listing of
bidders for the Project (hereinafter defined) AT KARAMBA,TAL-NORTH SOLAPUR,DIST-
SOLAPUR from eligible bidders. After the shortlisting of certain bidders, the Authority, in
consideration of public interest, decided to invite proposals from all bidders under a
Request for Proposal by setting out the technical and commercial terms of selection of the
selected bidder for the performance of the duties, obligations and responsibilities in
relation to the Project (hereinafter defined).
D. TheAuthority,in consideration of public interest, had accordingly invited proposals from all
bidders by its Request for Proposal (“RFP”) No ________________ and had prescribed the
technical and commercial terms and conditions to be satisfied by the selected bidder for
undertaking theProject (hereinafter defined).
E. The bidders acknowledged and confirmed that they had undertaken due diligence and
audit of all aspects of the Project (hereinafter defined) including without limitation the
technical and financial viability and legal due diligence and on the basis of its
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independent satisfaction decided to submit proposal as per the terms, conditions and
requirements of the RFP.
F. After evaluation of the bids received, the Authority had accepted the bid of the
selected bidder (the “Selected Bidder”) and issued its Letter of Award No.
_________________ dated _______________________ (hereinafter called the
“LOA”) to the Selected Bidder requiring, inter alia, the execution of this Agreement
within 45 (forty – five) days of the date of issue thereof.
G. The Selected Bidder has since promoted and incorporated the special purpose vehicle,
____________________________________________________ LIMITED as a limited
liability company under the Companies Act 2013, and has requested the Authority to
accept the Concessionaire as the entity which shall undertake and perform the
obligations and exercise the rights of the Selected Bidder under the LOA, including the
obligation to enter into this Agreement pursuant to the LOA for executing the Project
(hereinafter defined).
H. After the issue of the LOA, the Selected Bidder has duly submitted the Deed of
Guarantee/s to the Authority in favour of the Concessionaire and has provided the
Performance Security of Rs.____________lakhs (Rupees ___________ only)to the
Authority in accordance with the requirements in this regard under the RFP.
I. By its letter dated ______________________________, the Concessionaire has also
made the same request as the Selected Bidder to the Authority to accept it as the
entity which shall undertake and perform the obligations and exercise the rights of the
Selected Bidder including the obligation to enter into this Agreement pursuant to the
LOA. The Concessionaire has further represented to the effect that it has been
promoted by the Selected Bidder for the purposes hereof.
J. The Authority has agreed to the said request of the Selected Bidder and the
Concessionaire, and has accordingly agreed to enter into this Agreement with the
Company for the design, build, finance, construction, development, implementation
operation and maintenance of the Project (hereinafter defined), subject to and on the
terms and conditions set forth hereinafter.
NOW THEREFORE, inviewof theoffer,mutualpromises andconsiderationset outunder this
Agreement, the sufficiency and adequacy of which is hereby acknowledged, thePartieshereby
agreetobeboundby theprovisionsofthis Agreement, and hereby agree as follows:
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ARTICLE – 1
DEFINITIONS AND INTERPRETATION
1.1. Definitions
InthisAgreement,unlessrepugnant tothecontextor meaning thereof, the following words
and expressions shallhavethe meaningshereinafter respectively assignedtothem:
(a) “Agreement” means and includes this signed Agreement (including the schedules
thereto), the LOA, the RFP including without limitation the written clarification(s),
addendums, amendments, corrigenda, addenda, clarifications, proforma/s, declarations
and exhibits thereto, the bid submitted by the Selected Bidder dated ______________,
201__ including all annexures and other documents submitted along with that and all
documents, drawings, information, representations, warranties and undertakings made
by the Selected Bidder during the bid evaluation process as per the RFP.
(b) “Agreement Completion Certificate” means the certificate issued under Article 12 of
this Agreement.
(c) “ApplicableLaws”meansalllawswhichareapplicabletotheProjectand/or
theConcessionaireextendingto theStateofMaharashtrahavingbeenenacted orbroughtinto
forceby Government of India and / or the Government of Maharashtra including
regulationsand rules madethere under,andjudgments,decrees,injunctions,
writsandordersofanycourtofrecord,applicable to this Agreement and the exercise,
performance and discharge of the respective rights and obligations of the Parties
hereunder, asmaybein forceandeffectduring thesubsistenceofthis Agreement.
(d) “Assets” means all physical and other assets relating to and forming part of the Project
and / or Site including without limitation the movable and immovable properties
(excluding the underlying land, the Site and structures existing as per inspection report
provided by the Authority) thereof, as the case may be, including:
(i) rights over the Project and / or the Site in the form of Clearances;
(ii) the drawings, user manuals, plans, maps, survey reports and other documents, by
whatsoever name called, including the Project Report, pertaining to the Project,
the Site and any tangible assets therein;
(iii) tangible assets such as civil works and equipment including foundations,
embankments, electrical systems, communication systems and administrative
offices;
(iv) all rights of the Concessionaire under any agreements in relation to the Project
and / or the Site;
(v) financial assets, such as receivables, security deposits etc.;
(vi) insurance proceeds; and,
(vii) TheClearances in relation to the Project, the Site and / or the obligations of the
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Concessionaire under this Agreement.
(e) “Associates” means in relation to either Party and/or Joint Venture (JV) Members, a
person who controls, is controlled by, or is under the common control with such Party
or Joint Venture (JV) Member. As used in this definition, the expression “control”
means with respect to a person, the ownership, directly or indirectly, of more than 50%
of the voting shares of such Person, the power to direct the management and policies
of such Person, whether by operation of law or by contract or otherwise and / or the
power to directly or indirectly, appoint the majority of the directors on the Board of
Directors whether by operation of law, by contract or otherwise, of such Person.
(f) “Book Value” shall mean the written down value in the audited books of the
Concessionaire of a specific asset or class of asset in accordance with generally
accepted accounting principles and applicable accounting standards.
(g) “Change in Law” means the occurrence of any of the following events after the
Proposal Acceptance Date:
(i) Enactment of any new Applicable Law;
(ii) The repeal, modification or re – enactment of any existing Applicable law;
(iii) the commencement of any Applicable law, which has not entered into effect as of
the Proposal Acceptance Date;
(iv) a change in the interpretation or application of any Applicable Law, by a judgment of
a court of record which has become final, conclusive and binding, as compared to
such interpretation or application by a court of record prior to the Proposal
Acceptance Date; or,
(v) the enactment, commencement and / or imposition of any new Taxes or duties
which were not in existence on the Proposal Acceptance Date. It is specially clarified
that a change in the rate of a Tax or duty shall not be considered a Change in Law, if
the tax or duty itself was in existence on the Proposal Acceptance Date.
(h) “Clearances” means:
(i) in relation to the Clearances which are required to be obtained by the
Government, all clearances, consents, licenses, approvals, permits, exemptions,
no objection certificates, registrations, filings or other authorizations of whatever
nature, which is necessary for commencement of the construction of the Project;
or
(ii) in relation to the Clearances which are required to be obtained by the
Concessionaire or otherwise applicable, all clearances, consents, licenses,
approvals, permits, exemptions, no objection certificates, registrations, filings or
other authorizations of whatever nature, which is necessary for effective
implementation of the Project and required to be obtained or maintained under
Applicable Laws in connection with the construction, operation and maintenance
of the Project, the Site and / or the Assets, as the case may be, during the
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subsistence of this Agreement.
(i) “Commercial Charges” means the charges and / or fees that shall be levied by the
Concessionaire and / or its duly authorized agents and representatives, from various
Users of the Project, on and after the Compliance Date, in accordance with the
requirements of the Project Report and the terms and conditions of this Agreement and
after obtaining prior written consent from the Authority.
(j) “Competent Authority” means any agency, authority, department, ministry, public or
statutory Person of the Government of Maharashtra or Government of India, or any
local authority, or any department, division or other sub-division thereof with authority
over aspects of implementation of the Project having jurisdiction over all or any part of
the Project, the Site and / or the Assets or the performance of all or any of the services
or obligations of the Concessionaire under or pursuant to this Agreement and includes
any commission, board, authority, agency or municipal and other local authority or
statutory body including Panchayat under the control of the Government of India or the
Government of Maharashtra, as the case may be, and having jurisdiction over all or any
part of the Project, the Site and / or the Assets, as the case may be.
(k) “Compliance Date” means the date on which all the Condition Precedents are
satisfied or an earlier date that the Parties may by mutual consent determine, in
accordance with Article 4 of this Agreement. For the avoidance of doubt, every
Condition Precedent shall have been satisfied or waived prior to the Compliance Date
and in the event all Conditions Precedent are not satisfied or waived, as the case may
be, the Compliance Date shall be deemed to occur only when each and every Condition
Precedent is either satisfied or waived, as the case may be.
(l) “Concession Period” shall mean the Implementation Period and a period of fifteen
(15) years commencing on and from the date of Implementation Completion Certificate,
unless extended by the Authority, whose decision shall be final and binding in this
regard, and / or in accordance with the terms of this Agreement, in which event, the
Concession Period shall stand extended accordingly. For the avoidance of doubt, it is
hereby clarified that, in the event of any sooner determination of this Agreement, in
accordance with the terms of this Agreement, the Concession Period shall end on the
Transfer Date.
(m) “Conditions Precedent” means the conditions set out in Article 4 hereof.
(n) “Cost” means all expenditure properly incurred (or to be incurred) by the
Concessionaire, on the Project, the Site and / or the Assets, including overheads and
similar charges, but does not include profit.
(o) “Day” means calendar day, “Month” means 30 (thirty) days and “Year” means 365
days. For the avoidance of any doubt, it is clarified that Year shall mean 366 days in the
case of a leap year.
(p) “Directive” means any present or future requirement, instruction, direction, order, rule
or regulation issued by any Competent Authority which is legally binding or which is
notified by the Authority or the Government of Maharashtra to the Concessionaire, and
any modification, extension or replacement thereof from time to time in force.
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(q) “Encumbrances” means any encumbrances such as mortgage, charge, pledge, lien,
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 beneficiaries or any similar arrangement under any
insurance policy pertaining to the Project, the Site and / or the Assets, physical
encumbrances or encroachments on the Project, the Site and / or the Assets where
applicable herein.
(r) “Engineer – in – charge” means the Executive Engineer, Public Works
Division,Solapurhaving its office at Sat Rasta, Near Govt Milk Dairy, Solapur – 413 001.
(s) “Equity” shall mean the sum expressed in Indian Rupees representing the paid – up
equity share capital of the Concessionaire for meeting the equity component of its
financial obligations under this Agreement, and for the purposes of this Agreement shall
include compulsorily convertible instruments or other similar forms of capital, which
shall compulsorily convert into equity share capital of the Concessionaire.
(t) “Financial Model” means the financial model as approved by the Authority and
adopted by the Concessionaire setting forth the capital and operating costs of the
Project and revenues there from on the basis of which the financial viability of the
Project has been determined by the Concessionaire, and includes a description of the
assumptions and parameters used for making calculations and projections therein.
(u) “Financial Year” means the year commencing from 1st April of any calendar year to
the 31st March of the next calendar year except in the first and the last calendar year of
the subsistence of this Agreement. In the first year of subsistence of this Agreement, it
means the period from the Compliance Date to the 31st March of the next calendar year.
In the last year of subsistence of this Agreement, it means the period from 1st April to
the Transfer Date.
(v) “Force Majeure” or “Force Majeure Event” shall mean an act, event, condition or
occurrence specified in the Article 17.
(w) “Good Industry Practice” means those practices, methods, techniques, standards,
skill, diligence and prudence which are generally and reasonably expected and accepted
from a reasonably skilled, prudent and experienced operator engaged in in the same
type of undertaking as envisaged under this Agreement. It would include good
engineering practices in the design, construction, installation, and project management
which would be expected to result in the performance of its obligation by the
Concessionaire and in operation and maintenance of the Project, the Site and the
Assets in accordance with this Agreement, Applicable Laws and Clearances in a reliable,
safe, economical and efficient manner and in compliance with all requirements of
environmental law.
(x) “Implementation Completion Certificate” means the certificate issued under
Article 10.1.
(y) “Implementation Period” or “Time for Completion of Implementation” means
the period from the Compliance Date to the date of issue of Implementation Completion
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Certificate, wherein the designing, building, financing, constructing and development of
the Jan Suvidha Kendra has been duly completed and the Project shall be made
operational, as per Schedule- I and all other applicable provisions of this Agreement.
(z) “Independent Auditor/ Valuer” shall have the meaning as ascribed in this
Agreement.
(aa) “Jan Suvidha Kendra” shall have the meaning as ascribed to such term in the RFP
and to be designed, built, financed, constructed, implemented, developed, operated
and maintained in accordance with the terms of this Agreement.
(bb) {“Joint Venture (JV) Members” shall mean the members of the joint venture,
constituted for the purpose of bidding under the RFP, if applicable, comprising of the
following members:____________________________, __________________________
and_________________________________(if applicable)}.
(cc) “Land Licence Agreement” means the land licence agreement executed/to be
executed by the Authority in favour of the Concessionnaire in relation to the Site,
substantially in the form and format set out in Schedule – XII.
(dd) “Lead Member” shall mean the lead member among the Joint Venture (JV) Members,
and in the event there are no Joint Venture (JV) Members, the Selected Bidder;
(ee) “License Fees” shall mean the license fees, quoted by the Selected Bidder as set out in
the LOA, as payable by the Concessionaire, in consideration of the grant of leave and
license, right of way and constructive possession of the Site, for the purpose of
performance of its duties, obligations and responsibilities under the Agreement. For the
avoidance of any doubt, it is clarified that the Concessionaire shall be liable to pay an
incremental annual premium over and above the License Fees initially paid in
accordance with the requirements of Article 3 of this Agreement and the said
incremental annual premium shall form part of the License Fees.
(ff) “Material Adverse Effect” means consequences of events outside the control of the
Affected Party (as defined under Article 17.1 of this Agreement) which:
(i) render any right vested in a Party by the terms of this Agreement ineffective;
(ii) significantly impairs or frustrates the ability of any Party to observe and perform
in a timely manner its obligations under this Agreement; or,
(iii) frustrates a material provisions of this Agreement or any of the Project
Agreements.
(gg) “Operation and Maintenance Period” is the period commencing from the
Operations Date and shall expire at the end of the Concession Period.
(hh) “Operations Date” or “Date of Issuance of Implementation Completion
Certificate” means the date on which the Authority issues an Implementation
Completion Certificate for the Project and the Concessionaire commences the
commercial operation for the Project.
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(ii) “Party” means any of the parties to this Agreement.
(jj) “Performance Security” means a Bank Guarantee for an amount prescribed by the
Authority of and shall be in the format as set out in Schedule–II, from a scheduled bank
approved by the Authority.
(kk) “Person” means any natural person, firm, corporation, company, partnership, joint
venture, trust, government, state or agency of a state or any association or partnership
(whether or not having separate legal personality) of two or more of the above and
shall include successors and assigns.
(ll) “Project” means the design, build, finance, construction, development,
implementation, operation and maintenance of the Jan Suvidha Kendra at the Site in
accordance with the provisions of this Agreement, and includes without limitation:
(i) preparation and submission of the Project Report of the design, build,
construction, development, implementation and commissioning of the Jan
Suvidha Kendra and the Site; and,
(ii) completion of the development of the Jan Suvidha Kendra, as per the Project
Report and the provisions of the Agreement and its commissioning; and,
(iii) operation and maintenance, as per the terms and conditions of the Agreement
and Schedules hereof, and,
(iv) insurance on the Project, the Site and the Assets, for the purposes of providing
the services on a continuous basis; and,
(v) transfer of the Jan Suvidha Kendra, the Project, the Site and Assets (i.e. both
movable and immovable assets, whether provided by the Authority or brought in
by the Concessionaire during the subsistence of this Agreement), in good and
operational condition, to the Authority at the end of the Concession Period or on
prior termination of the Agreement, in accordance with the Specifications, Good
Industry Practice and the terms and conditions of this Agreement; and,
(vi) all works, services, duties, obligations and responsibilities relating to or in respect
of the Scope of the Project and the scope of work as set out under Schedule – I
of this Agreement.
(mm) “Project Agreements” means, collectively, this Agreement, and any other agreements
entered into by the Concessionaire with any Third Party in accordance with the
requirements of this Agreement, in each case as amended, supplemented or otherwise
modified from time to time.
(nn) “Project Insurance” means the insurance taken out by or on behalf of the
Concessionaire pursuant to the provisions and requirements of this Agreement.
(oo) “Project Report” means the project report including the drawings of each and every
site, as submitted by the Concessionaire as per Article 4.3 of this Agreement.
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(pp) “Project Revenues” means all sources of revenues, as specified in Article 22 of the
Agreement, accruing to the Concessionaire from the operation of the Project, in
accordance with the terms and conditions of this Agreement.
(qq) “Proposal Acceptance Date” means the date of execution of this Agreement.
(rr) “RFP” shall have the meaning as ascribed to it in Recital - D.
(ss) “Schedules” mean the schedules to this Agreement.
(tt) “Site” means the real estate described in Schedule – IV and in respect of which rights
of leave and license, right of way and constructive possession shall be provided and
granted by the Authority to the Concessionaire, in consideration of the payment of the
License Fees by the Concessionaire, under the terms and conditions of this Agreement,
for the performance of the duties, responsibilities and obligations of the Concessionaire
under the terms and conditions of this Agreement. For the avoidance of doubt, it is
hereby acknowledged and agreed that references to the Site shall be construed as
references to the real estate required for the Project.
(uu) “Specifications” means the specifications and standards relating to the quality,
standards, specifications and other requirements for the Project, the Site and / or the
Assets, as set forth in Schedule – I, and any modifications thereof, or additions thereto,
submitted by the Concessionaire to and expressly approved by the Authority.
(vv) “Taxes” shall include all statutory dues, taxes, duties, levies, cesses, surcharges,
charges, interest, penalties and any statutory levies including import duties, Central
Sales Tax (CST), State Sales Tax, Value Added Tax (VAT), Goods and Services Tax
(GST), octroi, entry tax, cess and stamp duty to be imposed on and / or assessed on
the Concessionaire at the time of performance of obligations, duties, roles and
responsibilities as provided under the Agreement by all municipal, local bodies, state or
national government authorities or any other government authority in connection with
the obligations, duties, roles and responsibilities of the Concessionaire as provided
under the Agreement.
(ww) “Tender”/”Bid”/”Proposal” means the tender, bid and / or proposal as submitted by
the Selected Bidder to the Authority and as accepted by the Authority vide the LOA.
(xx) “Termination Date” means the date on which this Agreement terminates by efflux of
time or on the issuance of a Termination Notice.
(yy) “TerminationNotice” means the communication issued in accordance with this
Agreement by the Authority to the Concessionaire for terminating this Agreement
(zz) “Termination Payment” means the amount payable, under and in accordance with
this Agreement, by the Authority to the Concessionaire upon the termination of this
Agreement. For the avoidance of doubt, it is expressly agreed that the amount payable
shall be subject to the limitations as specified under this Agreement.
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(aaa) “Third Party” means any Person, real or judicial, or entity other than the Parties to this
Agreement
(bbb) “Total Project Cost” means the Total Project Cost as approved by the Committee and
certified by the Engineer-in-charge in the certificate issued as per format given in
Schedule – VI of this Agreement.
(ccc) “Transfer Date” means the date of completion of the Concession Period by efflux of
time in accordance with the terms and conditions of this Agreement including but not
limited to the satisfaction of the requirements as set out in Article 23 of this Agreement
or termination of the Agreement by a Termination Notice.
(ddd) “Users” means Person(s) / tourists using the Project.
(eee) “Variation” means a modification, improvement or change in the Scope of the
Agreement, services, and facilities etc. to be carried out by the Concessionaire, such
that the cost of implementing the modification, improvement or change can be
recovered through a 30 (thirty) day adjustment of the Concession Period.
1.2. Relation between the Parties
Nothing contained herein shall be construed as establishing a relation of principal and
agent as between the Authority and the Concessionaire. The Concessionaire, subject to
this Agreement, has the complete charge over its agents, representatives, contractors,
personnel, if any, in performing this Agreement and shall be fully responsible for the
Agreement being performed by them or on their behalf hereunder.
The principles of interpretation of the provisions of this Agreement are as follows, unless
the context otherwise requires:
(i) Anyreferencetoastatutory provisionshallincludesuchprovisionasisfromtimeto time
modified orre – enactedorconsolidatedso farassuch formodification orre–
enactmentorconsolidationappliesoriscapableofapplyingtoany transactions
enteredintohereunder;
(ii) Reference to laws of Government of MaharashtralawsofIndiaorIndian
Lawsorregulationhavingforceoflaw shall include
thelaws,acts,ordinances,rules,regulations, guidelinesorbyelawswhich
havetheforceoflawin StateofMaharashtra;
(iii) Theheadingsare forconvenienceandreferenceonly andshallnotbeused inand shallnot
affect,theconstructionorinterpretationofthis Agreement;
(iv) Termsandwordsbeginningwithcapitalletters anddefinedinthisAgreement includingthe
Schedules;
(v) WordsimportingPersonorPartiesshallinclude firmsandcorporationsandany
organizationhavinglegalcapacitytosueandbesued in itsname;
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(vi) Wordsimportingthesingularshallincludethepluralandvice-versawherethe
Concessionrequires;
(vii) The words “include” and “including” are to be construed without limitation and
shall be deemed to be followed by “without limitation”or “but not limited
to” whether or not they are followed by such phrases;
(viii) References to the terms “construction” or “building” include, unless the
context otherwise requires, investigation, design, developing, engineering,
procurement, delivery, transportation, installation, processing, fabrication,
testing, commissioning and other activities incidental to the construction, and
“construct” or“build”shall be construed accordingly;
(ix) References to the term “development” include, unless the context otherwise
requires, construction, renovation, refurbishing, augmentation, upgradation and
other activities incidental thereto, and “develop” shall be construed accordingly;
(x) Any reference to any period of time shall mean a reference to that according to
Indian Standard Time;
(xi) References to any gender shall include the other and the neutral gender;
(xii) “lakh” means a hundred thousand (100,000) and “crore” means ten million
(10,000,000);
(xiii) Anyreferencetodayshallmeanareferencetoacalendarday;
(xiv) Anyreferencetomonthshallmeanareferencetoacalendarmonth;
(xv) TheSchedulesofthis Agreementformanintegralpart ofthis Agreement andwillbe in full
forceandeffectasthoughtheywereexpresslysetoutinthebodyofthis Agreement;
(xvi) Anyreferenceatanytimetoanyagreement,deed,instrumentordocumentofany
descriptionshallbeconstruedasreferenceto thatagreement,deed,instrumentor
otherdocumentasamended,varied,supplemented,modified orsuspended atthe
timeofsuchreference;
(xvii) Referencestorecitals,Articles,sub– articlesorSchedulesinthisAgreementshall,
exceptwherethecontextotherwiserequires,bedeemedtobereferences to
recitals,Articles,sub-articlesandSchedulesof ortothis Agreement;
(xviii) Any Agreement, consent, approval, authorisation, notice, communication,
informationorreportrequiredunderorpursuanttothisAgreementfromorbyany Party
shallbevalidand effectiveonly ifitisin writingunderthehands ofduly authorised
representativeofsuch party,as the casemay be,in this behalfandnot otherwise;
(xix) Any reference toany periodcommencing“from”a specifiedday ordateand “till”or
“until”aspecifieddayordateshallincludebothsuchdaysanddates;providedthat if
thelastdayofanyperiodcomputedunderthisAgreementisnotabusinessday,
thentheperiodshallrununtiltheendofnextbusinessday;
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(xx) Thedamagespayable by eitherParty to the otherofthemassetforthinthis
Agreement,whetheron perdiembasisorotherwise,are mutually agreed genuine pre-
estimatedlossand damagelikely to be sufferedand incurred by theParty
entitledtoreceivethesameandarenotby wayofpenalty;
(xxi) Time shall be of the essence in the performance of the Parties’ respective obligations.
If any time period specified herein is extended, such extended time shall also be of
the essence;
(xxii) The Parties hereby agree that the Parties have contributed equally to the
drafting and the preparation of this Agreement. The rule of construction, if any,
that an agreement should be interpreted against the parties responsible for the
drafting and preparation thereof, shall not be applicable;
1.3. Measurements and Arithmetic Conventions
Allmeasurementsandcalculationsshallbe inmetricsystemandcalculationsdonein2
decimalsplaces,with the third digitof5 orabove rounded up and below 5 belong
downexceptinfeecalculationwhichshallbe roundedofftonearestRupeeHundred (100).
1.4. Ambiguities within Agreement
Incase ofambiguities ordiscrepancieswithinthisAgreement,the followingshall apply:
(i) BetweentwoArticlesor moreof thisAgreement,theprovisionsof specific Article
relevantto the issueundertheconsiderationshallprevailoverthosein other Articles;
(ii) Between theArticles andtheSchedules,theArticlesshallprevail,save and except
asexpresslyprovidedintheArticlesortheSchedules;
(iii) BetweenthewrittendescriptionontheDrawingsandtheSpecificationsand
Standards,thelattershallprevail;
(iv) Between the written description on the Drawing and the specific written
dimension,thelattershallprevail; and,
(v) Betweenanyvaluewritteninnumeralsandthatinwords,thelater shallprevail.
1.5. Priority of Documents
This Agreement, and all other agreements and documents forming part of or referred to
in this Agreement are to be taken as mutually explanatory and, unless otherwise
expressly provided elsewhere in this Agreement, the priority of this Agreement and
other documents and agreements forming part hereof or referred to herein shall, in the
event of any conflict between them, be in the following order:
(a) this Agreement; and,
(b) all other agreements and documents forming part hereof or referred to herein;
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i.e. the Agreement at (a) above shall prevail over the agreements and documents at (b)
above.
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ARTICLE 2:
SCOPEOF THE PROJECT
ThescopeoftheProject(the“ScopeoftheProject”), as required to be performed by the
Concessionaire as per the terms, conditions, covenants and requirements of this Agreement
and in accordance with the Applicable Laws, Specifications, Clearances and Good Industry
Practice,shallmeanandinclude during the ConcessionPeriod:
(i) Surveying, investigation, planning, preparing and submitting the Project Report including
the drawings as provided by the Authorityof the Project
asperthelaiddownprovisionsoftheAgreementand scheduleshereof. The Project Report shall
clearly mention the Specifications to be adopted, facilities to be provided to the Users of
the Project and the Jan Suvidha Kendra, planning for operation and maintenance as well
as the space planned for advertising as per Applicable Laws. The Project Report shall be
approved by the Authority prior to commencement of construction.
(ii) Construction and commissioning after approval to Project report, installation of the toilet
Units for men and women as per the Specifications, construction of internal roads,
approach roads, landscaping, children’s play parks, electrification, solar systems, sewage
treatment plant, effluent treatment plant and the Project Reportapprovedby the Authority
and in accordance with the provisionsof this Agreement (including the schedules).
(iii) Operationand maintenance of the toilet units and overall Project, on a regular basis,
inaccordance with the provisionsof this Agreement and the scheduleshereof.
(iv) Performanceand fulfilment ofallotherobligations inaccordance with the provisionsof this
Agreement and matters incidental thereto or necessary for theperformance ofanyorall of
theobligations of the Concessionaire under this Agreement and its Schedules thereof.
(v) Provision for providing clean drinking water and clean toilet use in consideration of the
Commercial Charges, if applicable. Provision for water ATM, sanitary napkin vending and
disposal machines in consideration of the Commercial Charges, if applicable.
(vi) Provision of all electrical works including external electrification, installation of CCTV
cameras for whole campus surveillance.
(vii) Sewage treatment, rain water harvesting for the entire Project.
(viii) Any other services as may be desired by the Authority and intimated to the
Concessionaire.
(ix) Timely payment of the License Fees to Authority as per the terms and conditions of this
Agreement.
(x) Suggestion box in order to enable submission of suggestions by Usersand a Complaints
Register has to be maintained by the Concessionaire in the Project in accordance with
the requirements of this Agreement.
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For the avoidance of any doubt, itisclarifiedherewith thatinaddition to the Scope of the
Project,the Concessionaireshallberequired tocarryoutanyincidental worksandservicesas
requiredandtocomply withall theprovisionsoftheAgreement,the schedulestotheAgreementand
aspertherequirementsofApplicable Laws and Clearanceswhilecompleting the design, build,
construction, implementation, development, operation and maintenance of the Project.
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ARTICLE 3:
CONCESSION
3.1 GrantofConcession
Subjecttoandinaccordancewiththetermsand conditionssetforthinthisAgreement, the
Authority hereby grants the concession to the Concessionaire in order to conduct the
design, build, finance, construct, develop, implement, operate and maintain the Project,
the Site and / or the Assets commencing on and from theComplianceDate,in order to
perform its duties, responsibilities and obligations in accordance with this Agreement,
the Scope of the Agreement, the Specifications and Good Industry Practice.The
Authority will execute the Land Licence Agreement in favour of the Concessionaire in
the form and format set out in Schedule – XII hereto. It is expressly agreed and
understood by the Parties that this is a bare license and nothing herein contained shall
ever be construed to create any interest, right of tenancy, sub – tenancy, leases or sub
– leases in favour of the grant of concession and the juridical possession of the Site
shall at all times remain vested with the Authority and the Concessionaire shall at no
time claim any right, title or interest, whether as tenant, sub – tenant or any other
similar status, in the Site or any part thereof. It should also be clarified that the
Concessionaire shall not assign, sublet, transfer and / or create any lien and / or
encumbrance under this Agreement, and / or the Concession granted under this
Agreement on the whole or any part of the Project, nor transfer, lease or part
possession thereof, save and except as expressly permitted by the Authority in writing,
in accordance with the terms and conditions of this Agreement.
3.2 Licence Fees to be paid for the Concession period:
3.2.1 The Concessionaire shall pay the Licence Fees for the Concession Period in accordance
with the terms and conditions of this Agreement.
3.2.2 The Concessionaire shall be liable to pay an annual incremental premium, over and
above the payment of the License Fees, in consideration of the grant of the concession
as per Article 3.2.1 above, to the Authority, within thirty (30) days from the
commencement of the Financial Year. Notwithstanding anything to the contrary, the
decision of the Authority in this regard, shall be final and binding on the
Concessionaire. The annual incremental premium, including any revisions and / or
amendments thereto, shall be calculated in accordance with the following:
3.2.3 The same is calculated at Rs. ______ per year, assumed to be increased by _______%
for every year, discounted at Return on Investment of ____% and calculated at
_______________% of market value of land (calculated at five (5) times2 of ready
reckoner rate). In case it is observed by the Committee constituted as per Article 9 of
the Agreement that, ready reckoner rate or market value of land has increased beyond
such _______% as mentioned above, and the Authority is entitled to get additional
premium from the Concessionaire, then in that case Authority shall calculated such
2Multiplier of 5 has been considered for arriving at market value of land. As per guidelines of method of calculation of land acquisition cost, detailed explanation is given in instructions of financial model.
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amount of additional premium as per the Financial Model prepared at the time of
submission of the bid by the Selected Bidder.
3.2.4 In case there is negative growth in ready reckoner rate, there shall not be any
reduction in premium payable by the Concessionaire for the relevant Financial Year and
there shall not be any refund for that Financial Year. For the avoidance of any doubt, it
is clarified that the calculations shall be done only for years having positive growth in
ready reckoner value of the Site, and in the absence of any positive growth in the
ready reckoner value of the Site during the relevant Financial Year, the premium paid
during the immediately preceding Financial Year shall be payable by the Concessionaire
to the Authority.
3.2.5 Calculation method for premium, minimum amount of premium shall be calculated as
per Schedule III of this Agreement.
3.2.6 Amount of License Fees payable by the Concessionaire shall be taken into consideration
and per year premium shall be calculated as per the Financial Model for further
calculations.
3.2.7 For avoidance of doubt, financial cash flow of the Concessionaire for calculation of
premium is being attached with this Agreement as Schedule – VII of this Agreement.
3.2.8 Subjecttoandinaccordancewiththetermsand conditionssetforthinthisAgreement,
theconcessionhereby granted shallentitletheConcessionaire, with the exclusive right to
undertake thefollowing, in accordance with the provisionsof thisAgreement, the Scope
of the Agreement, theApplicable Laws, Specifications, Good Industry Practice and the
Clearances:
(i) ToimplementtheProjectaspertheScopeofthe Agreementmorespecifically set
outinArticle2 hereto andtheschedulesofthisAgreement;
(ii) To design, build, construct,install, finance, implement, operate,maintain the
Project andregulate theusebyThirdParties oftheProject(whichshouldbeclearly
andunambiguously informed to the Concessionaire)duringthe ConcessionPeriod;
(iii) Toenjoyleave and license, right of way and constructive possessiontotheSitefora
period thatshall beco-terminuswiththeConcession Period;
(iv) Tohaveaccessand liberty todevelop,upgrade,finance,operateand maintainthe
proposedProjectwiththeassociated facilitiesandservicesattheSite during the
Concession Period in accordance with the provisions of this
Agreementandschedules thereof, Applicable Laws, Clearances and Good Industry
Practice.Anydevelopmentmadeby the Concessionaireon theProject, the Site and /
or the Assetsin respectoftheProjectshall bedeemedto betheproperty
oftheAuthority andtheConcessionairerelinquishes all hisrights insuchproperty
infavour ofAuthority;
(v) Exclusive right and authority, during the Concession Period, to carry out the
specifiedactivitiesin relation tothe Project;
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(vi) UseoftheProjecttodetermine,demand,levy,collect,enforce,retain
andappropriateCommercialChargesand to periodically revisethesamein
conformitywith themarket rates, with prior consent of the Authority in writing;
(vii) Manage,operate andexecuterightsoverallorany partoftheAssetswithoutany
limitationorrestrictionotherthanthoseexpressly setoutinthisAgreement;
(viii) Tofulfilitsobligations underthis Agreement,undertake activitiesby itself,without
appointinganycontractors, sub– contractors etc.;
(ix) Make applications for obtaining of all the Clearances from the Competent
Authorities for performance of the duties, obligations and responsibilities of the
Concessionaire under this Agreement, as and when required;
(x) Exercisesuchother rightsas the Authority maydetermineasbeing
necessaryordesirable for thepurposes incidentalandnecessary for designing,
constructing, installing,financing,implementing,managing,operating,runningand
maintainingthe Project; and,
(xi) Bearandpayallexpenses,costsandchargesincurredinthefulfilmentofallthe
Concessionaire’sobligationsunder the terms and conditions of thisAgreement.
3.2.9 For the avoidance of any doubt, it is hereby clarified that notwithstanding anything to
the contrary as stated under this Agreement, nothingcontainedherein,includingtheactof
grantingpermission toupgrade the
ProjectattheSiteshallvestorcreateanyproprietaryinterestin the Projectorany
partthereofincludingany constructionorinstallationetc.Installedin
thestructureoftheProjectinfavouroftheConcessionaireorany personclaiming
throughorunder theConcessionaire.TheConcessionaireshallnotinany manner
sell,transfer,assign,mortgage,charge,create lien orotherwise Encumberordeal
withtheProjectinany manner. TheConcessionaireacknowledges,acceptsand confirmsthat
thecovenantcontainedhereinisanessenceofthis Agreement.
3.2.10 All Taxes (including service tax and GST) applicable and/or payable on the Licence Fees
and the annual incremental premium shall be borne and discharged by the
Concessionaire at actuals as per the instructions of the Authority.
3.3 Actions in Support of the Concession
(i) TheAuthority shall recognizeandundertakenot to, inany manner, violate or
cause breach ofthe terms of thisAgreement
(ii) The Authority undertake not to terminate or repudiate this Agreement prior to
the expiry of the Concession Period otherwise than in accordance with the
provisionsof thisAgreement;
(iii) The Authority shall provide assistance and recommendations to the
Concessionaire so as to enable the Concessionaire to obtain the requisite
Clearances from the Competent Authority(ies), including Government of
Maharashtra, in support of the Concessionaire’s applications for Clearances
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that may be needed from time to time for the implementation of the Project.
Provided that the Concessionaire shall make the requisite applications and is
in compliance with the necessary conditions for the grant of such Clearances.
3.4 Concession Period
3.4.1 Duringthe Concession Periodthe Concessionaireis authorizedto design, build, construct,
implement and developtheProjectandtooperate andmaintaintheProjectinaccordance
withtheprovisionshereof.Providedthatint
3.4.2 Heeventofearlytermination,theConcession Periodshall belimited
totheperiodcommencingfromthe Compliance DateandendingwiththeTransferDate.
3.4.3 Itisherebyagreed between the Parties that:
(i) In the eventofthe Concession Period beingextended by
Authoritybeyondtheperiodof fifteen (15) years from the Compliance Date,
inaccordance withtheprovisionsofthis Agreement, theConcessionPeriodshall stand
extended accordingly;and,
(ii) In the eventoftermination,the Concession Period shall mean and be limited to
theperiodcommencingfrom theComplianceDateandendingwiththe Transfer Date.
3.4.4 At the end of the Concession Period or sooner termination of this Agreementfor any
reason whatsoever, all rights given under this Agreementshallcease tohaveeffectand
theProject, the Site and the Assets,in goodand operationalcondition,shallstand
transferredto theAuthoritywithoutanyobligation ofAuthority topay
oradjustanyconsiderationorotherpaymenttothe Concessionaire. On expiry of the
Concession Period and / or sooner termination of the Agreement, in accordance with
the terms of this Agreement, all rights accorded to the Concessionaire under this
Agreement shall cease to be in effect and the Project, the Site and / or the Assets shall
be transferred to the Authority in accordance with Article 23 of this Agreement.
3.5 Implementation Period
The Implementation Period or the Time for Completion of Construction shallbe a period
ofsIX months, commencingfrom
theComplianceDate,whereintheConcessionaireshallberequired
tocomplywiththefollowingobligations:
(i) Complete the design, build, construction, implementation and developmentofthe
Project,asperthe ProjectReportasapproved by theAuthorityandalso,
inaccordancewiththe provisionslaiddownintheSchedule-Iofthis Agreement.
(ii) Procure full insurance cover for the Project, the Site and the Assets, in compliance
with the following requirements:The Concessionaire shall effect and maintain at its
own cost, during the Concession Period, such insurances for such maximum sums as
may be required under this Agreement and the Applicable Laws, and such
insurances as may be necessary or prudent in accordance with Good Industry
Practice. The Concessionaire shall also effect and maintain such insurances as may
be necessary for mitigating the risks that may devolve on the Authority as a
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consequence of any act or omission of the Concessionaire during the Concession
Period. The Concessionaire shall procure that in each insurance policy, the Authority
shall be a co – insured and that the insurer shall pay the proceeds of insurance to
the Authority in the event of termination.Within 5 (five) days of obtaining any
insurance cover, the Concessionaire shall furnish to the Authority, notarised true
copies of the certificate(s) of insurance, copies of insurance policies and premia
payment receipts in respect of such insurance, and no such insurance shall be
cancelled, modified, or allowed to expire or lapse until the expiry of at least 45
(forty five) days after notice of such proposed cancellation, modification or non –
renewal has been delivered by the Concessionaire to the Authority.All insurance
policies in respect of the insurance obtained by the Concessionaire shall include a
waiver of any and all rights of subrogation or recovery of the insurers thereunder
against, inter alia, the Authority, and its assigns, successors, undertakings and
their subsidiaries, affiliates, employees, insurers and underwriters, and of any
right of the insurers to any set – off or counterclaim or any other deduction,
whether by attachment or otherwise, in respect of any liability of any such
Person insured under any such policy or in any way connected with any loss,
liability or obligation covered by such policies of insurance.The Concessionaire
hereby further releases, assigns and waives any and all rights of subrogation or
recovery against, inter alia, the Authority and its assigns, undertakings and their
subsidiaries, affiliates, employees, successors, insurers and underwriters, which
the Concessionaire may otherwise have or acquire in or from or in any way
connected with any loss, liability or obligation covered by policies of insurance
maintained or required to be maintained by the Concessionaire pursuant to this
Agreement or because of deductible clauses in or inadequacy of limits of any
such policies of insurance.Without prejudice to the provisions as contained
hereinabove, the Concessionaire shall, during the Concession Period, procure and
maintain adequate insurance cover including but not limited to the following:
1. loss, damage or destruction of the Project, the Sites and the Assets in the
care and custody of the Concessionaire;
2. the Concessionaire’s general liabilities arising out of the Agreement;
3. the workmen’s compensation insurance; and,
4. any other insurance that may be necessary to protect the Concessionaire and
its employees, including all Force Majeure Events, in accordance with Article
17 of this Agreement, that are insurable and not otherwise covered in items 1
to 3 above.
(iii) Itisherebyagreed between the PartiesthattheConcessionaireshouldnot
alter/change any civilstructure including utilities of the Project, the Site and the
Assets unless as agreed and approvedbytheAuthority in writing
duringtheConcession Period.
(iv) The Concessionaireguarantees that the Time for Completion of Implementation
for the Projectshallbeachievedinaccordancewith the
provisionsofthisAgreementand notlaterthan the Implementation Periodfrom the
ComplianceDate, for any reason whatsoever.In the event that the Concessionaire
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does not ensure that the Time for Completion of Implementation for the Project
is not achieved within the Implementation Period and / or in accordance with the
terms and conditions of the Agreement, and the delay has not occurred as a
result of breach of this Agreement by the Authority or due to a Force Majeure
Event, the Concessionaire shall pay to the Authority, damages in an amount
calculated at the rate of 2% (z two per cent) of the Performance Security for
each day’s delay until due fulfilment. For the avoidance of any doubt, it is hereby
clarified that such right of the Authority to payment of damages by the
Concessionaire, as set out under this Article, shall not be in prejudice to any
other rights and / or remedies of the Authority, under this Agreement and / or
Applicable Laws and / or in equity.The Time for Completion of Implementation
for the Project may be extended, on prior written consent of the Authority. For
the avoidance of any doubt, it is hereby clarified that, in the event of such prior
written consent of the Authority, the Implementation Period shall also stand
extended accordingly.Intheeventthatthe Concessionaire does not ensure that the
Time for Completion of Implementation for the Project is not achieved within the
Implementation Period and / or in accordance with the terms and conditions of
the Agreement, and the delay has not occurred as a result of breach of this
Agreement by the Authority or due to a Force Majeure Event, the Authority shall
also have the right to terminate the Agreement, for a Concessionaire Event of
Default, by giving 15 (fifteen) days prior notice to the Concessionaire.
(v) Extensionoftime: TheConcessionaire mayapply
foranextensionoftheTimeforCompletion of Implementationifitisorshallbedelayed or
likely to be delayed beyond the expiry of the Implementation Period,
eitherbeforeorafterthe Time for
CompletionofImplementation,byanyofthefollowingcauses:-
1. Variation;
2. A Force Majeure Event;
3. Change of Scope;
4. A cause of delay giving an explicit and express entitlement to extension of
time under any Articles in this Agreement, unless the Concessionaire has not
complied with such Article;
5. Any delay, impediment or prevention by the Authority; and,
6. Any delay caused by Competent Authorities in providing the Clearances
pertaining to the performance of duties, obligations and responsibilities of the
Concessionaire.
(vi) TheConcessionaireshallatall timesuseitsbestendeavoursto minimizeany delayin
theperformanceofits obligations
underthisAgreement,whatevermaybethecauseofsuchdelay. For the avoidance of
any doubt, it is hereby clarified that the decision to extend the Time for
Completion of Implementation is an option and not an obligation and that the
decision of the Authority regarding waiver of any delay caused by the
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Concessionaire and any extension in the Concession Period and / or extension in
the prescribed time period under this Agreement shall be final and binding on
the Concessionaire.
(vii) Ifthe Concessionaire intendstoapplyforanextensionof theTimeforCompletion
ofImplementation,the Concessionaireshall givenotice to
theAuthorityofsuchintentionassoonaspossibleandinanycasewithin 10
(ten)daysofthestartoftheeventgivingrisetoanysuchdelay (other than for Change of
Scope),togetherwith anyothernotice requiredbythisAgreementand relevanttosuch
cause.Any suchnoticeshallstate theextentandanticipated delay
anditsanticipatedeffect ontheTime forCompletionofImplementation,andshall specify
thestepstheConcessionaireproposestotaketominimisesuchdelay. The Concessionaire
shallkeepsuch true and accurate recordsasmaybenecessarytosubstantiate
anyapplication,atalocationacceptable totheAuthorityand shall provide such
otherinformationasmay reasonably be requested by Authority.The
Concessionaireshallprovideandpermit the Authority toinspectall suchrecords.
(viii) Within10(ten)daysofthefirstdayofsuchdelay(orsuchotherperiod asmaybeagreedby
the Authority),theConcessionaireshall submit
fullsupportingdetailsofitsapplication.Except that,iftheConcessionairecannot submitall
relevantdetailswithinsuchperiod because thecauseofdelay continued foraperiod
exceeding 7 (seven)days,theConcessionaireshall
submitinterimdetailsatintervalsofnotmorethan10(ten)days(from the
firstdayofsuchdelay)and fulland finalsupportingdetailsofitsapplication
within14(fourteen)daysofthelastdayofdelay.
(ix) Provided that the Concessionairehas complied with this Article, the Authority shall
proceed in accordance with Article 14to determine
itherprospectivelyorretrospectivelysuchadjustmentasmaybedue, takingintoaccount
allrelevant circumstances.TheAuthorityshall notifytheConcessionaireaccordingly.
Whendeterminingeachextensionoftime, Authorityshallreview
itspreviousdeterminationsand mayrevise, butshallnotdecrease,theextension,and
provided thatthe extensionoftimeis not a consequence of any negligence, default
or breach of
AgreementbytheConcessionaireorthoseforwhomitisresponsible.However,theConcessi
onaireshallnotbeentitled toan extensionofthe Time for
CompletionofImplementation, totheextent thatthedelayinrespectofwhichthe
extensionoftimeis requestedis attributabletoany negligence,defaulttorbreach
ofthisAgreementbytheConcessionaireorthose forwhomitis
responsible,asdeterminedby theAuthority orany expert,as
appointedbytheAuthorityforthispurpose.
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ARTICLE 4:
CONDITIONS PRECEDENT
4.1 Subject to the express provisions to the contrary under this Agreement, or unless the
context otherwise requires,the rights and obligations under this Agreement shall take
effect only upon fulfilment of all the Conditions Precedent set out in Articles 4.2 and 4.3 of
this Agreement, on or before the expiry of a period of 60 (sixty) days from the
ProposalAcceptanceDate. However,theAuthority may atany timeatitssolediscretionandin
writing,waivefullyorpartiallyanyofthe ConditionsPrecedentof the Concessionaire.
4.2 Obligations for satisfaction of Conditions Precedent for the Authority
The Authorityshall have:
(i) HandedovertotheConcessionaire,the constructive possessionofthe Sitefree from
Encumbrances.This Conditions Precedentonthepartofthe Authorityshallbe fulfilled
only after allother ConditionsPrecedentofboththePartiesaremet/fulfilled and /
orwaived offas perthis Article.However,itisbeingclarified that
theAuthorityshallhandovertheSitein“as is where is”basisto the Concessionaire;
(ii) Carriedoutinspection (whereinone (1)representativeofAuthority,
andConcessionaireshallbemandatorily present) oftheSiteandprepareda
detailedreporton the Siteto betransferred,by theAuthority,tothe
ConcessionaireforthedevelopmentoftheProject.Itisbeingclarifiedherethat
theSiteshallbechecked,verified, confirmedandsignedby the representatives of the
Partiesandshall beconsideredasfinal. It is hereby agreed by the Parties that
such verification and / or confirmation shall not be unreasonably withheld, and
nothing in this Article shall prejudice the fact that the Site shall be provided by
the Authority, on “as is where is”basis. Thecopiesof thesameshallbekeptby the
Authority, andConcessionaire;
(iii) Issued government orders or gazette notifications,if necessary,for implementing
theProject; and,
(iv) Shall obtain all Clearances as required for construction at the Site.
4.3 Obligations for satisfaction of Conditions Precedent for the Concessionaire
The Concessionaire shallhave:
(i) Submitted the Project Report including detailed drawings of theProject and the
Site to the satisfaction of the Authority,and within a period of30 (thirty)days from
the Proposal Acceptance Date. The Project Report submitted by the
Concessionaire should include a technical details of the various facilities
proposed to be used in the Project;
(ii) Incorporated thecomments/observations (ifany)on the Project Report of the
Project,asproposedby the Authority and submitted forapproval, withina
periodof15 (fifteen)days from thedate of receipt ofcomments /observations from
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the Authority. However, it is clarifiedhere that the Concessionaire shallnotstart
the implementationuntil andunless the Authority approves the Project Report of
the Project again aftercarryingoutnecessary comments/observations (ifany),
whichshall not beundulydelayed;
(iii) Submit the Total Project Cost to the Authority for perusal;
(iv) Providedanundertaking thatallof the representationsand warranties of the
Concessionaire set forth in Article13 of this Agreement are true
andcorrectasondate of this Agreementandason the Compliance Dateand shall be
true and correct till the expiry of the Concession Period;
(v) Provided the Authority with certified true copies, by an authorised officer of the
Concessionaire, of its Memorandum of Association and Articles of Association of
the Concessionaire;
(vi) Shall obtain all Clearances (not relating to construction at the Site) for
commencement of performance of the obligations, duties and responsibilities of
the Concessionaire;
(vii) Provided the Authority, certified truecopies, by the Director of the
Concessionaire, ofall resolutionsadoptedby the Board of Directors of the
Concessionaire authorising theexecution,delivery andperformance of this
Agreementby the Concessionaire; and,
(viii) The Concessionaire has provided the Performance Security to the Authority in
accordance with the requirements of the Agreement, prior to the Proposal
Acceptance Date.
Providedthatuponrequestinwritingby theConcessionaire,the Authority,may,atits
solediscretionandinwriting,waivefully or partiallyanyorall theConditionsPrecedentset
forthin this Article.
4.4 General Obligations to satisfy Condition Precedents
(i) Each Party hereto shall use all reasonable endeavours at its cost and expense to
procure thesatisfaction in full of its respective Conditions Precedentsetout above
within60 (sixty) daysof Proposal Acceptance Date. The Parties undertake to
provide to each other all reasonable assistance, co – operate with each other
and to use all reasonable endeavours to ensure that the Conditions Precedent
are satisfied as soon as possible.
(ii) Uponsatisfaction in full ofall Conditions Precedent fora Party, the other Party
shall forthwith issue to such Party a Certificate of Compliance with Conditions
Precedent (the “Certificate of Compliance”) specifically setting out that the
Conditions Precedent as per the relevant Article of this Agreement has been duly
complied with.
(iii) The later of the date of issue of Certificate of Compliance to the Concessionaire
or the Authority shallbe the Compliance Date, whereupon theobligations of the
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Partiesunder this Agreement shallcommenceand whereon the Authorityshall issue
the notice to commence to the Concessionaire which shall set out the
Compliance Date of this Agreement. For the avoidance of any doubt, it
isherebyclarified thatany investigations,surveysetc. of whatsoevernature, which
the Concessionaire elects to carry out prior to the Proposal Acceptance Date,
shallbeentirely at the riskandcost of the Concessionaire. The Concessionaire
shallnotbepermitted tocommence the work and perform any of its duties,
obligations and responsibilities under this Agreement atanypart of Site prior to
the issuance of notice to commence by the Authority.
(iv) Each Partyshallbear its respectivecostsandexpensesofsatisfyingsuch Conditions
Precedents unlessotherwiseexpresslyprovided for under this Agreement.
4.5 Non – satisfaction of Conditions Precedent
(i) Without prejudice to any other provision under this Agreement and subject to
compliance with the requirements under Article 22 of this Agreement, the Parties
expressly agree that in the event, the Compliance Date does not occur, for any
reason whatsoever, before 60 (sixty) days from the Proposal Acceptance Date or
the extended period provided under this Agreement, all rights, privileges, claims
and entitlements of the Concessionaire under or arising out of this Agreement
shall be deemed to have been waived by, and to have ceased with the
concurrence of the Concessionaire, and the Agreement shall be deemed to have
been terminated by mutual agreement of the Parties. Provided however, that in
the event of non – occurrence of the Compliance Date is for reasons attributable
to the Concessionaire, the Performance Security shall beencashed and
appropriated by the Authority as liquidated damages as genuine pre – estimate
of damages caused to the Authority. For the avoidance of any doubt, it is hereby
clarified by the Parties that the right of the Authority to encash and appropriate
the Performance Security, shall not be in prejudice to any other rights and / or
remedies available with the Authority under the terms and conditions of this
Agreement, under Applicable Laws and under equity.
(ii) In the eventthatthe Concessionaire hasfulfilled itsConditionsPrecedentand
Authority has not procured fulfilment of any or all of the
ConditionPrecedentssetforthinArticle4.2within the period specified in respect
thereof, theAuthority shallnotbeliabletopay any damagestotheConcessionaire.The
Parties hereby agree that, in the event that the Authority, has not complied with
the Conditions Precedent within the period of 60 (sixty) days from the Proposal
Acceptance Date, the Authority shall provide a notice to the Concessionaire in
writing, providing for extension of the said period for due satisfaction of the
Conditions Precedent, and such period of compliance shall stand extended
accordingly as if mutually agreed by the Parties in writing.
(iii) IntheeventtheAuthorityhasterminatedthisAgreementunder Article4.5(i)due tonon–
fulfilmentofConditionsPrecedentby the Concessionaire,theAuthority
shallnotbeliableinany manner whatsoevertothe
Concessionaireoritscontractors,agentsandemployees.In
additiontothis,theAuthority shall have the right to encash and appropriate the
Performance Security as liquidated damages as genuine pre – estimate of
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damages caused to the Authority. For the avoidance of any doubt, it is hereby
clarified by the Parties that the right of the Authority to encash and appropriate
the Performance Security, shall not be in prejudice to any other rights and / or
remedies available with the Authority under the terms and conditions of this
Agreement, under Applicable Laws and under equity.
(iv) In the event that (a) the Concessionaire does not procure fulfilment of any or all
of the Conditions Precedent as set forth under this Agreement, within a period of
60 (sixty) days from the Proposal Acceptance Date, and (b) the delay has not
occurred as a result of breach of this Agreement by the Authority or due to Force
Majeure, the Concessionaire shall pay to the Authority, liquidated damages, as a
genuine pre – estimate of damages, in an amount calculated at the rate of 2%
(two per cent) of the Performance Security for each day’s delay until the
fulfilment of such Conditions Precedent.
(v) It is hereby agreed betweentheParties, that the Partiesmay
extendtheperiodforfulfillingtheConditions Precedent bymutual agreement in
writing.
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ARTICLE 5:
COMMERCIAL CONSIDERATION
5.1 Commercial Charges
(i) The Concessionaire shall have to maintain true and accurate books of accounts,
in accordance with Indian GAAP and Good Industry Practice, of all the records of
its Commercial Charges, receipts, income, expenditure, payments, assets,
liabilities and revenue collection, directly and / or indirectly, from the Project
including without limitation collection of any charges, fees, surcharge, tariff
collection, advertisement display collection and such other charges and / or fees
as collected from the Users of the Project, by whatsoever name called, after the
issuance of the Implementation Completion Certificate for the Project and
thesame willbeshared with the Authority at the end of each quarter of the
Financial Year.
(ii) The Concessionaire shall provide to the Authority, 2 (two) copies of its balance
sheet, cash flow statement and the profit and loss account statement, along with
a report thereon by its duly appointed auditors, within 60 (Sixty) days of the
close of the Financial Year to which they pertain.
(iii) The Authority may, at its sole discretion, extend theConcession Period. In such
event, the Concession Period shall stand extended accordingly.
5.2 Performance Security
(i) The Concessionaire shall provide the Performance Security, amounting to Rs.
_______________________ (Rupees __________________________________
only) to the Authority, prior to the Proposal Acceptance Date, in the format as
specified in Schedule – II of this Agreement and shall ensure that the
Performance Security shall be duly maintained for the entire Concession Period.
(ii) The Performance Security shall be from a scheduled bank approved by the
Authority,payable on demand without any demur, reservation, caveat, protest
and / or recourse atSolapur, Maharashtra.
(iii) Uponoccurrence ofa Concessionaire Eventof Default, the Authority shall,
withoutprejudice to itsother rightsand remedieshereunderor in law, be entitled to
encash and appropriate the Performance Security as liquidated damages, which
shall be genuine pre – estimate of the losses caused to the Authority in this
regard. Uponsuch encashmentandappropriation from the Performance Security,
the Concessionaire shall, within 10 (ten)days replenish, incase
ofpartialappropriation, to its original level, the Performance Securityand incase
ofappropriation of the entire Performance Security, provide a fresh Performance
Security and the Concessionaire shall, within the timeso granted replenish or
furnish to the Authority a fresh Performance Security as aforesaid, failing which
the Authority shall beentitled to terminate this Agreement.
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ARTICLE 6:
OBLIGATIONS OF THE AUTHORITY DURING THE IMPLEMENTATION
PERIOD
6.1 General Obligations of the Authority during the Implementation Period
Itshallbetheobligation of theAuthority toensurethatthefollowingare madeavailable to the
Concessionaire or duly executedbytheAuthority:
(i) All litigation involving the Site, prior to Compliance Date and wherein
theactionshavebeen filedagainst the Authority, thesame
shallbecontestedandconductedsolely by the Authority. The Concessionaire shall
be in no way held responsible or liable as a reason thereof for such litigation
involving the Project. The Authority shall indemnify the Concessionaire and shall
hold it free of any claim or consequent cost that may arise as a result of any
such litigation;
(ii) The Authority shall bear and be responsible for all costs, expenseorcharges
incurred in makingavailable the Site inaccordance with Article4,
includinganycompensation required tobepaid foracquisition ofsuchSite; and,
(iii) The Authority shallensure that from the date of the notice to commence and till
the expiry of the Concession Period, the Concessionaire hasaccess to theSite for
thepurpose ofcarryingout the Concessionaire'sobligationsunder this Agreement.
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ARTICLE 7:
OBLIGATIONS OF THE CONCESSIONAIRE DURING THE
IMPLEMENTATION PERIOD
7.1 Obligations of the Concessionaire during the Implementation Period
TheConcessionaireshallobserve,undertake,complywithandperform,inaddition to and notin
derogation ofitsobligations elsewheresetoutin thisAgreement,thefollowing:
(i) Comply with and observe at all times the requirements ofall Clearances,
approvals and Applicable Laws in the performance of its obligations under this
Agreement;
(ii) Submit 5 (five) copies each of the Project Report of the Project containing the
detailed and accurate visual representation of the internal and external facilities
of the Project to the Authority; along with the Financial Model and the calculation
of annual incremental premium;
(iii) Carryout its duties, responsibilities and obligations strictly inaccordance with the
Project Report as approved by the Engineer –in – charge, the terms and
conditions of this Agreementand the schedules thereto, andall duties,
responsibilities and obligations not mentioned in this Agreement but which may
be inferred tobenecessary for safe, reliableandefficient implementation and
operation of the Project in accordance with Applicable Laws, Clearances and / or
Good Industry Practice;
(iv) Undertake to achieve Time for Completion of Implementationnot later than the
Implementation Period, provided that the Concessionaire shallnotbe inbreach
ofthe terms and conditions of this Agreement, unless any non – fulfilment or the
delay in fulfilment of its obligation are caused by (i) the occurrence of an event
of Force Majeure or (ii)an event of default of the Authority;
(v) Be responsible for all liabilities arising out of design, construction, development,
furnishing, implementation, operation and maintenance of the Project. The
Concessionaireshall plan, organise and execute its duties, obligations and
responsibilities under this Agreementso that there is least disruption to the traffic
movement on adjoining roads and minimal inconvenience to the neighbouring
residents and pedestrians. The Authorityand shall assist the Concessionaire in all
respects with reference to such duties, obligations and responsibilities, but the
provision of assistance or denial thereof shall not release the Concessionaire
from its obligations under this Agreement;
(vi) To be responsible for safety, soundness and durability of the Project, including
other services forming part thereof and their compliance with the Applicable
Laws and Clearances.
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(vii) To ensure that no damage is caused to the existing roads, drainages, public
utilities etc. through any activities of the Concessionaire and / or any of its
agents, representatives, employees etc.;
(viii) To install full safety measures which aim at reduction in injuries, loss of human
life and damage to property resulting from accidents on account of the Project,
the Site and / or the Assets, irrespective of the person(s) at fault at the Site
during the Implementation Period and post the Implementation Period;
(ix) The Project shall not obstruct traffic, pedestrian movement, and should not
cause any difficulties to smooth functioning and operability of the roads in the
area;
(x) To ensure that the Project construction should not create unsecure public spaces
in or around it causing safety concerns to the adjoining areas, for any reason
whatsoever;
(xi) To provide all assistance to the expert/ Independent Auditor/ arbitrator as
appointed under this Agreement, as may be required for the performance of
their duties and services in accordance with the terms and conditions of this
Agreement and Applicable Laws;
(xii) To duly supervise, monitor and control the activities of its sub –
contractors/labourers, employees, agents and employees under their respective
Project Agreements as may be necessary and subject to the written consent of
the Authority;
(xiii) To effect and maintain, or cause to be effected and maintained, at its own
expense, insurance policies as may be required to be maintained by the
Concessionaire, under the terms and conditions of this Agreement, under
Applicable Laws and/ or such insurances that are necessary or desirable in
accordance with Good Industry Practice;
(xiv) To take all reasonable precautions for the prevention of accidents on or about
the Project and make provision for all reasonable assistance and emergency first
aid and medical aid to accident victims in the Project, at all times;
(xv) To ensure the due completion of all duties, obligations and responsibilities of the
Concessionaire as per the duly approved Project Report;
(xvi) Labour: The Concessionaire shall make its own arrangements for the
engagement of all its staff and labour, local or otherwise, The Concessionaire
shall be solely responsible for the liability, cost, and responsibility for all the laws
relating to labour employed by Concessionaire and for their conditions under this
Article. However, it is being clarified here that the Concessionaire shall be under
no obligation to recruit any or part of the staff and labour from amongst persons
in the service of the Authority;
(xvii) Shall be solely and primarily responsible to Authority for observance of all the
provisions of this Agreement on behalf of the Concessionaire, its employees and
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representatives or any person acting under or for and on behalf of the
Concessionaire as fully as if they were the acts or defaults of the Concessionaire;
(xviii) Shall be liable for and shall indemnify, protect, defend and hold harmless
Authority, Authority’s officers, employees and agents from and against any and
all demands, claims, suits and causes of action and any and all liability, costs,
expenses, settlements and judgements arising out of the failure of the
Concessionaire to discharge its obligations under this Agreement and to comply
with the provisions of Applicable Laws and Clearances;
(xix) The Concessionaire shall acknowledge and recognise that time is of the essence
of this Agreement and that the performance of its obligations shall be construed
accordingly;
(xx) The Concessionaire shall comply with suggestion, corrections, quarries of audit
and inspection as per Article 19 of this Agreement;
(xxi) The Concessionaire shall make reasonable efforts to maintain harmony and good
industrial relations among the personnel employed by it in connection with the
performance of its obligations under this Agreement;
(xxii) The Concessionaire shall ensure and procure that the Concessionaire and its
agents, representatives, personnel and labour shall comply with all Clearances
and Applicable Laws in the performance by them of any of the Concessionaire’s
obligations under this Agreement;
(xxiii) The Concessionaire shall not do or omit to do any act, deed or thing which may
in any manner be in violation of any of the provisions of this Agreement;
(xxiv) The Concessionaire shall ensure that the personnel engaged by it in the
performance of its obligations under this Agreement are at all times properly
trained for their respective functions;
(xxv) The Concessionaire should provide the copies of the Maintenance Manual in
accordance with Article 11 of the Agreement and shall comply with the
comments and / or instructions of the Authority with regards to the Provisional
Maintenance Manual as provided by the Authority;
(xxvi) The Concessionaire shall have the obligation and the Authority shall have the
right to appoint an expert, at its sole discretion, at any time during the
subsistence of this Agreement for the purposes of inspection and monitoring of
the Project, the Site and / or the Assets. The expert, as appointed by the
Authority, shall be responsible to check, verify and authenticate the progress by
the Concessionaire on the Project and the performance of the duties, obligations
and responsibilities of the Concessionaire under this Agreement;
(xxvii) The Concessionaire shall have the obligation and the Authority shall have right to
conduct the inspection of the Project, the Site and / or the Assets, for the
purpose of audit, once in every period of 180 (one hundred and eighty) days
from the Compliance Date, in accordance with the requirements of Article 19 of
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this Agreement. It is expressly agreed that the Concessionaire shall, at all times,
be responsible and liable for all its obligations under this Agreement
notwithstanding anything contained in the Project Agreements or any other
agreement, and no default under any Project Agreement or agreement shall
excuse the Concessionaire from its obligations or liability hereunder;
7.2 Minimum Equity Requirements
(i) The minimum shareholding of theJoint Venture (JV) Members (“Minimum
Equity Requirements”), incaseof Joint Venture (JV),or Selected Bidder in the
Equity of the Concessionaire shall beas follows:
1. The Lead Member/Selected Bidder shall hold fifty – one (51%) percent Equity
in the Concessionaire till the expiry of two (2) years from the date of issuance
of the Implementation Completion Certificate; and,
2. The Lead Member/Selected Bidder shall continuously hold at least, twenty –
six (26%) percent Equity of the Concessionaire for the entire Concession
Period.
(ii) Atnostageshallany change in theEquity of the Concessionaire be made by the
Joint Venture (JV) Membersorbyany of the Associates withoutobtaining prior
written approval from Authority. Onan application made for the purpose, the
Authority maypermit such change of Equity of the Concessionaire,provided that
the Authority issatisfied that theproposedchangesshallbe in the interest of the
implementation of the Project in futureand wouldnotbedetrimental toany of the
rights and / or benefitsof the Authority. For the avoidance of any doubt, it is
hereby clarified that nosuch change in the Equity of the Concessionaire
shallbepermittedby Authoritywhich would directly or indirectly result in non –
compliance with the Minimum Equity Requirements.
(iii) Incaseany suchchange incompositionofJoint Venture (JV) Members hasbeen
agreed upon, the modifiedJoint Venture (JV) Members wouldbe required
tosubmita revised Joint Venture Agreement to the Authority, prior to such
change.
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ARTICLE 8:
GENERAL OBLIGATIONS IN RELATION TO THE PROJECT AGREEMENTS
8.1. The Concessionaire shall procure that each of the Project Agreements contains
provisions that entitle the Authority to step into such agreement, in its sole discretion,
in substitution of the Concessionaire in the event of termination or any Concessionaire
Event of Default (the “Covenant”). For the avoidance of doubt, it is expressly agreed
that in the event the Authority does not exercise such rights of substitution within a
period not exceeding 90 (ninety) days from the Transfer Date, the Project Agreements
shall be deemed to cease to be in force and effect on the Transfer Date without any
liability whatsoever on the Authority and the Covenant shall expressly provide for such
eventuality. The Concessionaire expressly agrees to include the Covenant in all its
Project Agreements and undertakes that it shall, in respect of each of the Project
Agreements, procure and deliver to the Authority an acknowledgment and undertaking,
in a form acceptable to the Authority, from the counter party(s) of each of the Project
Agreements, where under such counter party(s) shall acknowledge and accept the
Covenant and undertake to be bound by the same and not to seek any relief or remedy
whatsoever from the Authority in any event of termination or Concessionaire Event of
Default.
8.2. The Concessionaire shall submit to the Authority the drafts of all Project Agreements or
any amendments or replacements thereto for its review and comments, prior to the
execution of such Project Agreements and the Authority shall have the right but not the
obligation to undertake such review and provide its comments, if any, to the
Concessionaire within 30 (thirty) days of the receipt of such drafts. The Concessionaire
shall not enter into any Project Agreements without obtaining the prior written consent
of the Authority. No review and / or observation of the Authority and / or its failure to
review and / or convey its observations on any document shall relieve the
Concessionaire of its obligations and liabilities under this Agreement in any manner nor
shall the Authority be liable for the same in any manner whatsoever. The
Concessionaire shall procure and ensure that all Project Agreements shall be subject to
the terms and conditions of this Agreement and the term of such Project Agreements
shall be co – terminus with this Agreement. The Concessionaire shall procure and
ensure that with regards to such Project Agreements in the event of any breach of the
terms of this Agreement, Applicable Laws, Clearance and / or Good Industry Practice,
the Concessionaire shall have the right to terminate such Project Agreement, in
accordance with the instructions of the Authority, which shall be final and binding on
the Concessionaire.
8.3. The Concessionaire shall obtain prior written consent of the Authority, for entering into
any Project Agreements with Third Parties and / or entering into any arrangement for
sub – lease, sub – license, assignment or in any manner create an Encumbrance on the
Project, the Site and / or the Assets in the prescribed form as mentioned in Schedule
VIII of the Agreement. The Concessionaire shall provide such information as may be
requested by the Authority in this regard including without limitation information
relating to the Third Party, the portion of the Project that is the subject matter of such
Project Agreement and / or the proposed use of the portion of the Project that is the
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subject matter of such Project Agreement, within a period of 7 (seven) days from the
date of such request by the Authority. The consent to be provided by the Authority
shall not be unreasonably withheld, otherwise than for the reason that the use of such
portion of the Project, the Site and / or the Assets shall be made and / or potentially, in
the opinion of the Authority, could be made for any restricted activities and / or in
violation of the terms and conditions of this Agreement and / or in violation of
Applicable Laws. The decision of the Authority is final and binding on the
Concessionaire.
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ARTICLE 9:
FORMATION AND MEETINGS OF THE COMMITTEE
9.1. Formation and Meetings of the Committee
(i) A committee shall be formed for taking decisions on certain matters relating to
the Project. The committee shall be constituted as follows:
A Chief Engineer, PW Region, Pune Chairman
B Superintending Engineer PW Circle Solapur Member
C Dy. Chief Architect Solapur Member
D Executive Engineer PW Division,Solapur Member
E Dy. Engineer P.W.Sub –Div. North Solapur. Member, Secretary
F Other technical expert or financial expert as required. Member
G Duly authorized representative of the Concessionaire Member
(ii) The Committee shall at all times comprise of seven (7) members, out of which,
the Concessionaire shall be entitled to appoint one (1) member and, the
Authority shall be entitled to appoint six (6) members, as set out in this Article of
this Agreement. Each Party shall be entitled to remove and / or replace its
representative member on the Committee which has been appointed by such
Party including the representative members as set out above in the table. The
Chief Engineer, Public Works RegionPune shall act as the chairman of the
Committee.
(iii) The Committee shall have the functions as set out under this Article of the
Agreement including of deliberation, analysis, consideration and making
recommendations in relation to the said matters. In this regard, the Committee
shall primarily rely on information and documents provided by the
Concessionaire. The recommendations of the Committee shall be final and
binding on the Concessionaire.
(iv) Each of the Parties shall provide all necessary support and co – operation, as
may be required by the Committee, to carry out its functions. Each Party shall
take all practicable steps and shall do all such other acts, deeds and things as
may be necessary or desirable including, without limitation, obtaining internal
and external approvals and authorisations, to ensure that the recommendations
of the Committee are complied with and implemented in a timely manner. The
Concessionaire shall ensure and direct its representative directors on the Board
of the Concessionaire to act in the manner to ensure implementation of the
recommendations of the Committee. The meetings of the Committee shall be
convened and held as may be required.
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(v) A meeting of the Committee can be convened by any member by giving a
written notice of fourteen (14) days to each of the members of the Committee.
Each notice of meeting shall specify the time, date and venue of the meeting and
be accompanied by an agenda setting out, in reasonable detail, the items of
business proposed to be transacted thereat together with necessary background
and other information and any relevant papers. A notice of meeting may be sent
by hard copy courier, fax or email PDF.
(vi) Participation in the proceedings of the Committee may be by either of the
following methods: (i) physical presence; (ii) telephonic participation; (iii) video
or web conferencing. No meeting of the Committee shall be held unless at least
two (2) representative members of the Authority and at least one (1)
representative member of the Concessionaire are present.
(vii) The decisions of the Committee including for instructions, comments and / or
recommendations to the Concessionaire, shall be taken by simple majority of its
members present and voting, provided that no decision shall be taken without
approval of two (2) representative members of the Authority.
(viii) The proceedings and minutes of a validly held meeting of the Committee shall be
recorded in writing and circulated to each Party with initials of the Chairman.
(ix) This Committee shall deliberate and take decisions on the following matters:
1. The audit and inspection as per Article 19 of this Agreement.
2. Finalisation of the Total Project Cost for the purpose of certificate to be
issued by Authority as per Schedule – VI of this Agreement.
3. Any other matter and / or item which may be decided to be delegated to
the Committee, from time to time, by the Authority.
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ARTICLE 10:
COMPLETION OF IMPLEMENTATION
10.1. Issuance of the ImplementationCompletion Certificate
(i) The duties, obligations and responsibilities of the Concessionaire during the
Implementation Period under this Agreement shall not be considered tobe
completeduntil the Implementation Completion Certificate, stating that the
Concessionaire hascompleted its duties, obligations and responsibilities during
the Implementation Period as laiddownunder this Agreement,hasbeensigned and
delivered by the Authority.
(ii) The Concessionaire shall submit all reports, documents, memoranda and
information, as may be requested by the Authority, so as to sufficiently enable
the Authority to provide the Implementation Completion Certificate. The
Implementation Completion Certificate may be given by the Authority within20
(twenty)days after the completion of all the following steps, to the satisfaction of
the Authority:
1. TheConcessionairehasprovidedtheProjectReport and the Project Report has
been approved by the Authority;
2. The Concessionairehasprovidedadetailed inventory oftheAssetsbrought inbythe
Concessionaire during theImplementationPeriod;
3. TheConcessionairehas completedandtested the safety, durability and
operability of alltheworks as required to be completed by the Concessionaire,
as per Applicable Laws with due Clearances from Competent
Authorities,asspecifiedby the Authority , externalexpert
appointedbytheAuthority; and,
4. TheConcessionaire has duly completed its duties, responsibilities and
obligations as required to be completed by the Concessionaire, during the
Implementation Period, to the satisfaction of the Authority including without
limitation the performance of the duties, obligations and responsibilities of
the Concessionaire under Article 7 of this Agreement to the satisfaction of
the Authority.
(iii) Inpursuance to the issueof the Implementation Completion Certificate, the
Concessionaire shall comply with all its duties, responsibilities and obligations,
under the provisions ofthe Agreement, under the Clearances, under Applicable
Law and as per Good Industry Practice, as required tobe metbeforeandafter the
issuance of the Implementation Completion Certificate. Notwithstanding anything
to the contrary, as stated under this Agreement, the decision of the Authority
whether or not to issue the Implementation Completion Certificate shall be final
and binding on the Concessionaire.
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(iv) The Implementation Completion Certificate shall be given in format specified in
Schedule –VI of this Agreement.
10.2. Implementation Completion Certificatenot a Cessation of Liability
The issuanceoftheImplementation Completion CertificateunderthisArticleshallnot inany
way:
(i) Alter, vary and / or revise the duties, liabilities, obligations and responsibilities of
the Concessionaire, without the prior written consent of the Authority;
(ii) Constituteas a waiver of unfulfilled duties, obligations and responsibilities of the
Concessionaire, without the prior written consent of the Authority;
(iii) Bar remedy and rectification of defects and deficiencies in quality and / or
performance; and,
(iv) Constitute an acceptance of the performance of the obligations, duties and
responsibilities of the Concessionaire, by the Authority.
10.3. Provisional Implementation Completion Certificate
(i) The Authority may at its sole discretion, issue a provisional Implementation
Completion Certificate (“Provisional Implementation Completion
Certificate”) to the Concessionaire, in the form and format as set out in
Schedule – XI of this Agreement, and submit an inspection report (the “Punch
List”) for the Project, the Site and / or the Assets specifying the defects and
deficiencies that shall be rectified by the Concessionaire and the time period
within which such items shall be rectified, in conformity with the terms and
conditions of the Agreement, the Specifications, Applicable Laws, Clearances and
Good Industry Practice. Notwithstanding anything to the contrary, as stated
under this Agreement, the Concessionaire shall, no later than 45 (forty - five)
days from the date of issuance of the Provisional Implementation Completion
Certificate, rectify each item in the Punch List and notify the Authority of the
same. The Authority may, in its discretion, inspect the Project, the Assets and /
or the Site and in the event that any defect or deficiency specified in the Punch
List shall have remained without rectification thereof, the Concessionaire shall
pay to the Authority as liquidated damages, 2% (two per cent) of the
Performance Security for each day of delay until all items of the Punch List are
rectified.
(ii) The Authority shall also have the right at any time, after the issuance of a
Provisional Implementation Completion Certificate, to revoke such Provisional
Implementation Completion Certificate unilaterally, if the Concessionaire fails to
rectify all defects and / or deficiencies in the Project, the Site and / or the Assets
to its satisfaction and / or fails to remedy all items listed in the Punch List within
such period as provided under this Article of this Agreement. The Provisional
Implementation Completion Certificate shall be deemed to have lapsed on and
from the date of such revocation by notice, in writing, by the Authority and the
Concessionaire shall immediately, cease and desist from carrying on any
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activities in relation to the Project, which can be carried out, only during the
Operations and Maintenance Period. In the event, that the Concessionaire does
not cease and desist from carrying on such activities, in a timely manner, the
Concessionaire shall be liable to pay to the Authority as liquidated damages, 2%
(two percent) of the Performance Security for each day of delay till the date of
compliance to the satisfaction of the Authority and such non – compliance shall
amount to a Concessionaire Event of Default. The decisions of the Authority,
under this Article of the Agreement, shall be final and binding on the
Concessionaire.
(iii) The issuance of the Implementation Completion Certificate and / or the
Provisional Implementation Certificate shall be a milestone for the
commencement of the Operations and Maintenance Period of the Project. For
the avoidance of any doubt, it is hereby clarified that in the event, that the
Concessionaire fails to comply with its duties, obligations and responsibilities,
under this Article of the Agreement, after the issuance of the Provisional
Implementation Certificate, the Operations and Maintenance Period for the
Project shall immediately come to a standstill and shall cease to be in force and
effect, from the date of revocation of the Provisional Implementation Certificate
by the Authority and the Concessionaire shall have the obligation to immediately
cease and desist from carrying on any activities in relation to the Project, which
can be carried out, only during the Operations and Maintenance Period.
10.4. General Obligations regarding rectification
IftheConcessionaireis obligedtocarryoutadjustments,repairs,replacementsor
modificationsafter the issuance of the Implementation Completion Certificatein order to
fulfil its duties, obligations and responsibilities under this Agreement, at his own cost
and expense, the AuthorityshallpermittheConcessionairetocarryoutallsuch
adjustments,repairs,replacements, rectifications and / ormodificationsas may
benecessary.Ifthe adjustment,repair,replacement or
modificationcannotbemadewithoutstoppingthe normal operation of the Project during the
Operations and Maintenance Period,thensuchrequest shallonly begrantedif
theConcessionaire'srequest is reasonableunderall
thecircumstances,havingregardtotheAuthority’sobligationstokeeptheoperationoftheProjecto
penduringallhoursof theday. The decision of the Authority shall be final and binding on
the Concessionaire.
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ARTICLE 11:
OPERATIONS AND MAINTENANCE PERIOD
11.1. CommencementandDuration of the Operations and Maintenance Period
TheOperationsandMaintenancePeriodofthe Projectshallcommence fromthe
dateofissuanceofImplementationCompletionCertificateand terminateat the end of the
Concession Period.
11.2. Obligationsof theConcessionaire during the
OperationsandMaintenancePeriod
(i) The Concessionaire shall during the Operations and Maintenance Period, be
responsible for the operation oftheJan Suvidha Kendra and the Project including
without limitation theregular maintenance, operation andcleaningoftheProject,
the Site and / or the Assetsandits surroundingareas, functioningof all
useramenities,provisionsofdedicatedpersonnel, maintenance,
supervisionandavailability ofbasicinfrastructure requirements suchaselectricity,
properdrainage,sewage,wasteremoval,in accordance with the requirements of this
Agreement, Applicable Laws, Clearances and Good Industry Practice.
(ii) The Concessionaire shall prepare a repair and maintenance manual (the
“Maintenance Manual”) for the predictive, preventive and curative maintenance
of Project and / or the Assets in conformity with Good Industry Practice. The
Concessionaire shall provide five (5) copies of a provisional maintenance manual
(the “Provisional Maintenance Manual”) to the Authority no later than the sixty
(60) days prior to the Time for Completion of Implementation. The Authority may
review the Provisional Maintenance Manual and convey its comments to the
Concessionaire within a period of 30 (thirty) days from the date of receipt thereof.
The comments and / or the instructions shall be binding on the Concessionaire and
shall be compulsorily complied with. The Concessionaire shall revise the Provisional
Maintenance Manual, as may be necessary, and provide five (5) copies of the
Maintenance Manual no later than the fifteen (15) days from the Implementation
Completion Certificate. The Maintenance Manual shall be revised and updated once
every 3 (three) years and the provisions of this Article shall apply, mutatis mutandis,
to such revision. For the avoidance of doubt, the Parties expressly agree that until
the Maintenance Manual is provided hereunder, the Provisional Maintenance Manual
shall apply. Copies of maintenance manual shall be supplied in hard and soft form.
(iii) In the event the Concessionaire does not maintain and / or repair the Project and /
or the Site in conformity with the provisions of this Agreement and the Maintenance
Manual, and fails to commence remedial works within 15 (fifteen) days of receipt of
a notice in this regard from the Authority, the Authority shall, without prejudice to its
rights under this Agreement including termination thereof, be entitled to undertake
such remedial measures at the risk and cost of the Concessionaire, and to recover its
cost from the Concessionaire. In addition to recovery of the aforesaid cost, a sum
equal to 20% (twenty per cent) of such cost as liquidated damages shall be paid by
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the Concessionaire to the Authority which shall be genuine pre – estimate of the loss
caused to the Authority.
(iv) If in the reasonable opinion of the Authority, the Concessionaire is in breach of its
obligations under this Agreement relating to its maintenance obligations, and such
breach is causing or is likely to cause hardship to the Authority, the Authority may,
without prejudice to any of its rights under this Agreement including termination
thereof, by notice, require the Concessionaire to take reasonable measures
immediately for rectifying or removing such hardship or unsafe condition, as the
case may be.
(v) During the Operations and Maintenance Period, the Concessionaire shall, no later
than 5 (seven) days after the end of each month, furnish to the Authority a monthly
report stating in reasonable details the frequency of the maintenance services
performed by the Concessionaire and the defects and deficiencies that required
rectification. The report shall also include the maintenance obligations as set out in
this Article and the Maintenance Manual. The Concessionaire shall promptly give
such other relevant information as may be required by the Authority.
(vi) The Authority shall be entitled to inspect the Project and / or the Site, as the case
may be, for evaluating the compliance with the maintenance obligations as set out in
this Article. It shall make a report of such inspection (the “Maintenance
Inspection Report”) stating in reasonable detail the defects or deficiencies, if any,
with particular reference to such maintenance obligations and notify the
Concessionaire of the same for taking adequate remedial measures in compliance
with the comments and / or instructions of the Authority. The Concessionaire shall
repair or rectify the defects or deficiencies, if any, set forth in the Maintenance
Inspection Report and furnish a report in respect thereof to the Authority within 5
(five) days of receiving the Maintenance Inspection Report.
(vii) The duties, responsibilities and obligations of the Concessionaire more
specifically includes without limitation, thefollowing:
1. The Concessionaireshall be responsible, at his own cost and expense, for
all the maintenanceand repairs of the Jan Suvidha Kendra, the Project, the
Site and theAssets. The Concessionaire shallalso carryout rectification of
anydefects and / or deficiencies in the Jan Suvidha Kendra, the Project,
the Site and / or the Assets during the Operationsand Maintenance Period.
2. Water supply: The Concessionaireshall ensure availability at all times of
adequate water for drinking purposes, general cleanliness of the Jan
Suvidha Kendra, the Project, the Site and theAssets for its Users. The
supply shall be arranged by Concessionaire.Laying of water line/
connection/ payment of usage charges shall be the responsibility of the
Concessionaire. The Concessionaire shall install a water purifier including
RO unit at the drinking point location. The facilities for dispensation of
clean drinking water shall be regularly maintained and cleaned during the
Operations and Maintenance Period, at the sole cost and expense of the
Authority.
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3. Electricity supply: The Concessionaire shall ensure adequate electricity
supply for proper lighting facilities inside the Jan Suvidha Kendra and the
Project, in accordance with Good Industry Practice.The supply shall be
arranged and paid for by the Concessionaire. Laying of electric cables/
connection/ payment of usage charges shall be the responsibility of the
Concessionaire.
4. Sewage connections: The Concessionaireshall arrange the sewage
connection for Jan Suvidha Kendra and the Project and lay the line at his
own cost for sewage connection.
5. Landscaping: The Concessionaire shall put plants in and around each
Jan Suvidha Kendra and the Project where space is available as per the
approval of the Authority and maintain the same in good condition at all
times.
6. Cleaning of Jan Suvidha Kendra and Information Panels: The
Concessionaire shall ensure maintenance and cleaning of the Jan Suvidha
Kendra, the Project, the Site and the Assets and the information panels
and / or displays on the Site, as per the cleaning schedule provided in the
Schedule A. Dedicated cleaning staff shall be provided by the
Concessionaire for the Project. The Concessionaire will ensure that quick
and timely cleaning is carried out by the attendants of the toilet after each
use. The Concessionaire shall ensure that the toilet is properly cleaned
regularly and maintained at all times, in hygienic conditions. The
consumables and other articles required for cleaning and operation of
toilets shall be procured at the sole cost and expense of the
Concessionaire.
7. Waste Disposal: The Concessionaire shall install litterbins, dustbins and
other waste disposal mechanisms as specified near the Jan Suvidha
Kendra and the Project and disposal of the collected waste, on a timely
basis, shall be the responsibility of the Concessionaire. The solid waste
(including menstrual waste) collected in the toilets or within areas around
the Jan Suvidha Kendra and the Project shall be regularly removed and
disposed in proper manner as per requirements of the Agreement and
Good Industry Practice.
8. The Concessionaire shall install bio degradation units for disposal of waste
from the Jan Suvidha Kendra and the Project.
9. Safety and Security: The duty, obligation and responsibility to maintain
the safety and security of the Jan Suvidha Kendra and the Project rests
with the Concessionaire. The Concessionaireshall ensure maintenance of
lighting arrangements to ensure proper illumination of the Jan Suvidha
Kendra including without limitation all the toilet areas as well as various
signboards and display boards. The Concessionaire shall deploy adequate
and well – trained staff and personnel so that minimum one (1) personnel
is available during operational hours for each toilet who shall be
responsible for securityand safety of toilet, maintenance of basic sanitary
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condition insideand around the toilet, regular removal of waste,
maintenance of suggestion booklet, reporting of problems, if any, clearing
of choking (if any) etc. It is suggested thata female attendant is available
during the working hours so as to look after the female section of Jan
Suvidha Kendra and the Project.The staff and the personnel deployed by
the Concessionaire shall be in proper uniform and should be adequately
trained by the Concessionaireregarding his duties as well as for dealing
with the Users.
10. Maintenance: It will include routine and periodic maintenance works in
the Jan Suvidha Kendra and the Project but shall not be limited to the
following: civil, electrical and mechanical works for the Jan Suvidha
Kendra and the Project, equipment maintenance and servicing. Any
unserviceable fittings or fixtures shall be replaced by the Concessionaire
within 24 hours.
11. Complaints Register: The Concessionaire shall keep a register (the
“Complaint Register”) in the Project for recording of complaints by
Users. The Complaint Register shall be securely bound and each page
thereof shall be duly numbered. It shall have appropriate columns
including the complaint number, date, substance of the complaint and the
action taken by the Concessionaire. The Concessionaire shall inspect the
Complaint Register before undertaking any maintenance, as the case may
be, and take prompt and reasonable action for redressal of each
complaint. The action taken shall be briefly recorded by the
Concessionaire in the Complaint Register. No later than 2 (two) days from
the end of each week, the Concessionaire shall send to the Authority a
true photocopy each or a soft copy thereof, as the case may be, of all the
pages of the Complaint Register on which any entry has been recorded
during the course of the preceding week, and upon perusal thereof, the
Authority may, in its discretion, advise the Company to take such further
action as the Authority may deem appropriate. The Concessionaire shall
consider such advice and inform the Authority of the remedial action taken
by the Concessionaire. If in the opinion of the Authority, the
Concessionaire has failed to rectify the defects and / or deficiencies and /
or address the grievances of the Users as set out in the Complaints
Register in a satisfactory manner, at any time, the Authority may deliver a
notice in writing to the Concessionaire requiring it to immediately rectify
such defect and / or address such grievances in accordance with the
instructions of the Authority. If the Concessionaire fails to rectify the
defects and / or deficiencies and / or address the grievances of the Users,
then the Authority shall be entitled, in its sole discretion, to take over the
operations of the Project, the Site and the Assets and all the rights and
obligations of the Concessionaire with respect to the Project, the Site and
the Assets to the extent permitted under the Project Agreements, in
substitution of the Concessionaire and that the Concessionaire shall
facilitate the same to the extent permissible under the Project Agreements
and Applicable Law. The Concessionaire undertakes to be bound by the
same and not to seek any relief and / or remedy whatsoever from the
Authority upon the exercise of the aforesaid right by the Authority.
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12. Recycling facility: The Concessionaire shall ensure the proper working
and maintenance of water/ solid waste recycling facility so that it is
operational at all times.
13. Display of Information: The Project shall clearly and legibly display all
information relating to the facilities at the Project and the Commercial
Charges that may be charged from Users, at a part of the Project, which
can be accessed by all Users without inconvenience in accordance with
Applicable Laws. The Concessionaire hereby agrees that all applicable
Commercial Charges that are to be levied, shall be duly displayed at all
times at the Project and the Concessionaire shall not charge and / or levy
any Commercial Charges, that are not duly displayed in accordance with
the requirements of this Agreement. The display shall be properly and
regularly maintained to ensure clear visibility and proper aesthetics. The
Concessionaire shall also have the duty, obligation and responsibility to
display such information as may be prescribed by the Authority from time
to time. In case of any damage to the display and / or misrepresentation
of the information as displayed therein, the Concessionaire shall
immediately repair, replace and / or rectify it.
14. Servicing of equipment and installations: The Concessionaire shall
have the duty, obligation and responsibility to maintain the installations,
equipment and Assets including without limitation thefire – fighting
equipment, inverters, water recycling plant, RO water purifier, vending
machines, etc. installed in the Project and shall regularly service the
installations, equipment and Assets so as to maintain them in accordance
with the Specifications and Good Industry Practice at all times during the
subsistence of the Agreement.
15. Operational hours: All toilets shall be kept open and operational for all
24 hours of each day except in the event of occurrence of Force Majeure
in accordance with the terms of this Agreement.
16. Concessionaire to keep the Project clean: The Concessionaire shall
take all necessary care to keep the premises of the Jan Suvidha Kendra
and the Project, in a neat and clean and in sanitary conditions including
without limitation timely and proper cleaning of all splashes and droppings
from white washing, colour washing, painting etc., on walls, floor,
windows, etc. and the surface, consistent with the environment and
cleanliness of a world – class facility and in accordance with Good Industry
Practice.
17. Special maintenance of the Project: The Concessionaire shall
maintain the Project and the Site, once every three years which includes
external and internal painting, repairs to damaged doors, windows, repairs
to fabrications, leakages and other incidental things as reported by the
Authority.
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18. Labour: The Concessionaire shall employ employees, personnel, staff,
and labour only after proper police verification is obtained from concerned
police authority. The Concessionaire shall comply with all Applicable Law,
Clearances and Good Industry Practice in this regard.
19. CCTV: The Concessionaire shall compulsorily install enough CCTV cameras
at the project and give access for online surveillance to authority.
20. First aid: There must be at least 1 first aid kit at the project which shall
be compulsorily kept in good conditions with all necessary medicines.
21. No – Objection Certificate from Fire Department: The
Concessionaire must comply with guidelines and norms related to fire
safety and shall obtain take a no objection certificate along with
permission from fire department.
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ARTICLE 12:
AGREEMENT COMPLETION CERTIFICATE
12.1 On the Transfer Date, the Authorityshall issuetheAgreementCompletion Certificate,
which shall conclude the Concessionaire's liability under this Agreement. This certificate
shall be issued after the ConcessionairesubmitstoAuthority,a request forissueofsuch
certificate. Therequest of the Concessionaire to the Authority shall
includeadetailedsurveyof theProject, the Site andtheAssets. TheConcessionaire
shallpreparea detailedinventory ofthe Assets (includingallmovableandimmovableassets,
whetherprovided by theAuthority orbroughtinby the Concessionaire)presentwithintheJan
Suvidha Kendra. The detailedinventoryshallbe submittedto theAuthorityalongwith the
request for grant of the Agreement Completion Date.
12.2 The Performance Security furnished by the Concessionaire shall be released only
after expiry of 30 (thirty) days from date of the issuance of the Agreement
Completion Certificate.
12.3 The format for issuance of the Agreement Completion Certificate is attached as
Schedule – IX of this Agreement.
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ARTICLE 13:
REPRESENTATIONS AND WARRANTIES
13.1. RepresentationsandWarrantiesoftheAuthority
The Authorityrepresentsandwarrants tothe Concessionairethat:
(i) The Authority has full power and authority to execute, deliver and perform its
obligations under this Agreement and to carry out the transactions contemplated
hereby;
(ii) The Authority shall take all necessary action in accordance with Applicable Laws to
authorize the execution, delivery and performance of this Agreement;
(iii) This Agreement constitutes a legal, valid and binding obligation enforceable against
the Authority in accordance with the terms hereof;
(iv) The Authority is subject to civil and commercial laws of India with respect to this
Concession and it hereby expressly and irrevocably waives any sovereign immunity
in any jurisdiction in regard to matters set forth in this Agreement; and,
(v) The Authority has the financial standing and capacity to perform its obligations
under the Agreement
13.2. RepresentationsandWarrantiesof theConcessionaire
The Concessionairerepresentsandwarrantstothe Authority that:
(i) It is duly organised, validly existing and in good standing under the laws of the
jurisdiction of its incorporation;
(ii) It has full power and authority to execute, deliver and perform its obligations under
this Agreement and to carry out the transactions contemplated hereby;
(iii) It has taken all necessary corporate and other actions under Applicable Laws and its
constitutional documents, including its memorandum of association and articles of
association, to authorise the execution, delivery and performance of this Agreement;
(iv) It has the financial standing and capacity to undertake the Project;
(v) This Agreement constitutes its legal, valid and binding obligation enforceable against
it in accordance with the terms hereof;
(vi) It is subject to civil and commercial laws of India with respect to this Agreement and
it hereby expressly and irrevocably waives any immunity in any jurisdiction in respect
thereof;
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(vii) All the information furnished in the Concessionaire’s bid is, and shall be, true and
correct as on the Proposal Acceptance Date and throughout the Concession Period/
subsistence of the Agreement and the Balance Sheet and Profit and Loss Account of
the Concessionaire for each of the Financial Years after the Proposal Acceptance
Date furnished to the Authority shall give true and fair view of the affairs of the
Concessionaire. If in case any false or misleading information, as furnished by the
Concessionaire (as a bidder) in its bid, is found at a later stage after the signing of
the Agreement, it shall entitle Authority to terminate the Agreement between the
Parties. The costs and risks for such termination shall be entirely borne by the
Concessionaire;
(viii) It shall furnish a copy of the audited accounts of the Concessionaire within 60 (sixty)
days of the close of each Financial Year after the Proposal Acceptance Date and any
material change subsequent to the date of such accounts shall be notified to the
Authority by the Concessionaire within 15 (fifteen) days of its occurrence and
warrants that the accounts and the information furnished as aforesaid shall be true
and correct;
(ix) The execution, delivery and performance of this Agreement will not conflict with,
result in the breach of, constitute a default under or accelerate performance required
by any of the terms of the Concessionaire’s Memorandum of Association and Articles
of Association or any Applicable Laws or any covenant, agreement, understanding,
decree or order to which it is a party or by which it or any of its properties or assets
is bound or affected;
(x) The Concessionaire has no knowledge of any violation or default with respect to any
order, writ, injunction or any decree of any court or any legally binding order of any
Competent Authority which may result in any Material Adverse Effect or impairment
of the Concessionaire’s ability to perform its obligations and duties under this
Agreement;
(xi) The Concessionaire has complied with all Applicable Laws and has not been subject
to any fines, penalties, injunctive relief or any other civil or criminal liabilities which in
the aggregate have or may have Material Adverse Effect on its financial condition or
its ability to perform its obligations and duties under this Agreement;
(xii) The aggregate equity share holding of the Joint Venture (JV) Members and their
Associates (in case of a Joint Venture (JV)) or equity share holding of the Associates
(in case of individual bidder) in the Equity of the Concessionaire are in accordance
with the Minimum Equity Requirements as stipulated under Article 7 of this
Agreement;
(xiii) Each Joint Venture (JV) Member was and is duly organised and existing under the
laws of the jurisdiction of its incorporation and has full power and authority to
consent to and has consented to the Concessionaire entering into this Agreement
and has agreed to and unconditionally accepted the terms and conditions set forth in
this Agreement;
(xiv) All rights and interests of the Concessionaire in the Project shall pass to and vest in
the Authority on the Transfer Date free and clear of all liens, claims, and
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encumbrances without any further act or deed on the part of the Concessionaire or
the Authority and that none of Assets including materials, supplies or equipment
forming part thereof shall be acquired by the Concessionaire subject to any
agreement under which a security interest or other lien or Encumbrance is retained
by any person save and except as expressly provided in this Agreement;
(xv) No representation or warranty by the Concessionaire contained herein or in any
other document furnished by it to the Authority, or to any Competent Authority in
relation to Clearances contains or will contain any untrue statement of material fact
or omits or will omit to state a material fact necessary to make such representation
or warranty not misleading; and,
(xvi) The Concessionaire warrants that no sums, in cash or kind, have been paid or will be
paid by or on behalf of the Concessionaire, to any person by way of commission or
otherwise for securing the award of the Project or entering into of this Agreement or
for influencing or attempting to influence any officer or employee of the Authority.
13.3. ObligationtoNotifyChange
(i) In the event that any of the representations or warranties made/ given by the
Concessionaire ceases to be true or stands changed, it shall promptly notify
Authority of the same.
(ii) Such notification shall not have the effect of remedying any breach of the
representation or warranty that has been found to be untrue or incorrect nor shall it
adversely affect or waive any obligation of the Authority under this Agreement.
(iii) 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 RFP including any addenda and / or corrigenda thereof, the
Agreement, Specifications, Site, existing structures, local conditions, physical
qualities of ground, subsoil and geology and all information provided by the
Authority or obtained procured or gathered otherwise, and has determined to its
satisfaction the accuracy or otherwise thereof and the nature and extent of
difficulties, risks and hazards as are likely to arise or may be faced by it in the course
of performance of its obligations hereunder. The Authority makes no representation
whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy,
correctness, reliability and / or completeness of any assessment, assumption,
statement or information provided by it and the Concessionaire confirms that it shall
have no claim whatsoever against the Authority in this regard.
(iv) The Concessionaire acknowledges and hereby accepts the risk of inadequacy,
mistake or error in or relating to any of the matters set forth in the Article
hereinabove and hereby acknowledges and agrees that the Authority shall not be
liable for the same in any manner whatsoever to the Concessionaire, the Selected
Bidder and its Associates or any person claiming through or under any of them.
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ARTICLE 14:
VARIATIONS AND CHANGE OF SCOPE
14.1. Variations and adjustments
(i) TheConcessionPeriodshallnotbeadjusted forchangesinthecostoflabour,
materialsorother matters.TheConcessionPeriodshallonly beadjustedas
expresslyand explicitlystated in the Articles to thisAgreementand thereshall
benootherimpliedadjustmentsforanyother reasonswhatsoever.
(ii) SubjecttotheChangeinLaw,theConcessionaireshall be liable to pay all applicable
Taxes, duties,levies,asper theApplicableLaws.
(iii) IftheConcessionairesuffers(orwillsuffer)delaysorincurs(orwillincur)
additionalcostsorlossin revenue resulting from suchChangesinLaw,made
aftertheProposal AcceptanceDate,theConcessionaireshall givenotice to the
Authority. Afterreceiptofsuch notice, theAuthority shall
proceedinaccordancewithArticle13 of this Agreement toagreeordetermineany
adjustmentto the Concession Period to which the Concessionaireisentitled,
andshallnotifytheConcessionaireaccordingly.TheConcessionPeriodshall
beadjustedtakingintoaccountany increaseordecreaseinthecosts resulting
fromChangesinLaw specificallyin relation to theProject,madeafterthe Proposal
AcceptanceDate.
(iv) The guidingprincipleintheoperationofthisArticleshallbesoastoplacethe
Concessionaireinsubsequently thesamelegal,commercialand financial positionasit
wasprior tosuchChange inLaw. The decision of the Authority shall be final and
binding on the Concessionaire.
14.2. Change ofScope
(i) The Authority may, notwithstanding anything to the contrary contained in this
Agreement, require the provision of additional works and services with regards to the
Project and / or the Site, which are not included in the scope of the Agreement as
contemplated by this Agreement (“Change of Scope”). Any such Change of Scope
shall be made in accordance with the provisions of this Article and the costs thereof
shall be expended by the Concessionaire which shall be compensated by adjustment
to the Concession Period in accordance with this Article.
(ii) In the event of the Authority determining that a Change of Scope is necessary, it shall
issue to the Concessionaire, a notice specifying in reasonable detail the works and
services contemplated thereunder (the “Change of Scope Order”), any instructions
to the Concessionaire for the execution of such works and services and the manner of
execution of such works and services.
(iii) Upon receipt of a Change of Scope Order, the Concessionaire shall, with due diligence,
comply with the instructions of the Authority and carry out such works and services,
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promptly, in accordance with such Change of Scope Order. For the avoidance of
doubt, it is hereby clarified that a breach of the requirements of the Change of Scope
Order, shall amount to a breach of the duties, responsibilities and obligations of the
Concessionaire under the terms and conditions of this Agreement.
(iv) On due performance of the duties, obligations and responsibilities of the
Concessionaire, in accordance with the Change of Scope Order, to the satisfaction of
the Authority, the Concessionaire may request the Authority to adjust the Concession
Period accordingly and provide sufficient information for such adjustment, upon which
the Concession Period may be adjusted at the option of the Authority. For the
avoidance of any doubt, it is hereby clarified that that such adjustment in accordance
with this Article shall not be an obligation on the Authority but an option with the
Authority.
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ARTICLE 15:
TERMINATION FOR EVENTS OF DEFAULT AND SUSPENSION
15.1 Termination for Concessionaire Event of Default
15.1.1 For the purposes of this Article, “Cure Period” means the period specified in this
Agreement for curing any breach or default of any provision of this Agreement by the
Concessionaire and shall:
(i) commence from the date of issuance of a notice by the Authority to the
Concessionaire asking the latter to cure the breach or default specified in such notice;
(ii) not relieve the Concessionaire from liability to pay damages or compensation under
the provisions of this Agreement; and,
(iii) Not in any way be extended by any period of suspension under this Agreement.
15.1.2 Eachofthefollowingeventsorcircumstances,totheextentnotcausedbyadefault
oftheAuthorityorForceMajeure,andifnotcuredwithintheCure Periodas may be specified
hereunder(the “DefaultNotice”) fromtheAuthority,shallbeconsideredforthe
purposeofthisAgreementas EventsofDefaultoftheConcessionaire(“Concessionaire
EventsofDefault”):
(i) The Concessionaire is in breach of its obligations under this Agreement, which has a
Material Adverse Effect upon the Authority or the Project and such event is not cured
within a period of ten (10) days from the date of occurrence of such event.
(ii) The Concessionaire is in breach of any representation or warranty made under this
Agreement or it repudiates this Agreement and such event is not cured within a period
of ten (10) days from the date of occurrence of such event;
(iii) The Concessionaire fails to meet the progressive milestones as provided for in this
Agreement;
(iv) The Concessionaire abandons the Project or any of its material obligations as provided
under this Agreement;
(v) The Concessionaire fails to maintain Performance Security under Article 5.2 or any
replenishment or furnishing of fresh Performance Security in the event of partial
appropriation by the Authority;
(vi) The Concessionaire does not comply with its Minimum Equity Requirements under
Article 7.2 of this Agreement;
(vii) Any transfer pursuant to law of either (a) the rights and/or obligations of the
Concessionaire under this Agreements and/ or (b) all or material part of the Assets or
undertaking of the Concessionaire; except (i) to the extent permitted by this
Agreement or (ii) where any such transfer, in the reasonable opinion of the Authority,
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does not affect the ability of the Concessionaire to perform its obligations under this
Agreement;
(viii) In the event a resolution is passed by the shareholders of the Concessionaire for the
voluntary winding up of the Concessionaire;
(ix) The Concessionaire is adjudged bankrupt or insolvent or if a trustee or receiver is
appointed for the Concessionaire or for any of its property that has a material bearing
on the Project;
(x) Any petition for winding up of the Concessionaire is admitted by a court of competent
jurisdiction or the Concessionaire is ordered to be wound up by court, except if such
petition is for the purpose of amalgamation or reconstruction, provided that as part of
such amalgamation and reconstruction, the property, assets and undertaking of the
Concessionaire are transferred to the amalgamated or reconstructed entity and that
the amalgamated or reconstructed entity has unconditionally assumed the obligations
of the Concessionaire under this Agreement and Project Agreements, and provided
that:
1. The amalgamated entity or reconstructed entity has the technical and
financial capabilities andtheoperating experience necessary
fortheperformanceof itsobligationsunder the thisAgreementand
ProjectAgreements;
2. Theamalgamatedentityorresultingentityhasthefinancialstanding toperform
itsobligationsunder thisAgreement andProject Agreements andhasanet
worth atleastasthatgoodas thatofthe
ConcessionaireasontheComplianceDate; and,
3. TheProject Agreementsremaininfullforceandeffect;
(xi) The Concessionaire assigns this Agreement or any of its rights or obligations under the
Agreement, where such assignment is not in accordance with the terms and conditions
of the Agreement;
(xii) In the event of failure of Concessionaire to score minimumseventy – five (75%)
percent or more than seventy – five (75%) percent points for any three times of audit
inspection by the Authority in accordance with Article 19 of this Agreement;
(xiii) The Concessionaire has employed any staff/labour/employee for whom a proper police
verification has not be done or any staff/labour/employee not permitted under the
terms and conditions of this Agreement and such event is not cured within a period of
fifteen (15) days from the date of occurrence of such event;
(xiv) The Concessionaire has created any charge, lien, interest and / or Encumbrance on
the Project, the Site and / or the Assets to any financial institution/ bank and / or any
Person, with or without knowledge of the Authority;
(xv) The Concessionaire has not performed any of its duties, responsibilities and obligations
under this Agreement, Clearances, Applicable Laws and Good Industry Practice, and
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such event is not cured within a period of ten (10) days from the date of occurrence of
such event;
(xvi) the Concessionaire does not achieve the Time for Completion of Implementation by
the Implementation Period or any extended period thereof;
(xvii) when it is discovered by the Authority that the Concessionaire or the Selected Bidder
and their respective officers, employees, agents and advisers have:
1. not acted in a bonafide manner during the bidding process and the
execution of this Agreement; and / or,
2. directly or indirectly or through an agent, engaged in corrupt, fraudulent,
coercive, undesirable or restrictive practices in the bidding process or the
execution of the Jan Suvidha Kendra and / or the Project or other works
under this Agreement; and / or,
For the purposes of this sub – clause, the terms set forth are defined as follows:
“Corrupt practice” means the offering, giving, receiving, directly or indirectly, of
anything of value to influence the action of a public official in the bidding process
or the execution of the Project or other works under the Agreement;
“Fraudulent practice” means a misrepresentation or omission of facts in order
to influence the bidding process, or to obtain payments from the Authority for the
execution of the Project or other works under the Agreement;
“Coercive practice” means harming or threatening to harm, directly or
indirectly, persons or their property to influence their participation in the bidding
process or in discharging their duties in the execution of the Project or other
works under the Agreement;
“undesirable practice” means establishing contact with any person connected
with or employed by the Authority with the objective of canvassing, lobbying or in
any manner influencing or attempting to influence the bidding process or the
monitoring, inspection or reporting the execution of the Project or other works
under the Agreement; and,
“Restrictive practice” means forming a cartel or arriving at any understanding
or arrangement among bidders with the objective of restrictive or manipulating a
full and fair competition in the bidding process.
15.2 Termination by the Authority
Without prejudice toanyother rightor remedieswhich theAuthoritymay
haveunderthisAgreement,uponoccurrenceofaConcessionaireEventof Default,
theAuthority shallbeentitledtoterminate this Agreement by issuing a Termination Notice
to the Concessionaire; provided that before issuing the Termination Notice, the
Authority shall by a notice inform the Concessionaire of its intention to issue such
Termination Notice and grant 15 (fifteen) days to the Concessionaire to make a
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FINAL DRAFT CONCESSION AGREEMENT FOR CONSTRUCTION OF JANSUVIDHA KENDRA AT KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR.
representation, and may after the expiry of such 15 (fifteen) days, whether or not it is
in receipt of such representation, issue the Termination Notice.
15.3 Survival of rights
Notwithstanding anything to the contrary contained in this Agreement, any termination
pursuant to the provisions of this Agreement shall be without prejudice to the accrued
rights of the Authority including its right to claim and recover money damages, specific
performance, insurance proceeds, and other rights and remedies, which it may have in
law or contract. All obligations of Concessionaire under this Agreement, including
transfer requirements, shall survive the termination to the extent such survival is
necessary for giving effect to such rights and obligations.
15.4 Suspension
Upon occurrence of a Concessionaire Event of Default, the Authority shall be entitled,
without prejudice to its other rights and remedies under this Agreement, under law or
equity, including its rights of termination hereunder, to (i) suspend all rights of the
Concessionaire under this Agreement including the Concessionaire’s right to charge and
/ or levy Commercial Charges, and other payments pursuant hereto, and (ii) exercise
such rights itself and perform the obligations hereunder or authorise any other person
to exercise or perform the same on its behalf during such suspension (the
“Suspension”).
15.5 Authority to act on behalf of the Concessionaire
During the period of Suspension, the Authority may, at its option and at the risk and
cost of the Concessionaire, remedy and rectify the cause of Suspension. The Authority
shall, on behalf of the Concessionaire, appropriate any Commercial Charges and other
revenues under and in accordance with this Agreement and shall deposit the same in an
account to be opened by the Authority’s nominee for this purpose. The Authority shall
be entitled to make withdrawals from such account for meeting the costs incurred by it
for remedying and rectifying the cause of Suspension, and for defraying the expenses
on maintenance of the Project, the Assets and / or the Site.During the period of
Suspension hereunder, all assets and liabilities in relation to the maintenance of the
Project, the Assets and / or the Site, shall continue to vest in the Concessionaire in
accordance with the provisions of this Agreement and all things done or actions taken,
including expenditure incurred by the Authority for discharging the obligations of the
Authority under and in accordance with this Agreement and the Project Agreements,
shall be deemed to have been done or taken for and on behalf of the Concessionaire
and the Concessionaire undertakes to indemnify the Authority for all costs incurred
during such period. The Concessionaire hereby licenses and sub – licenses respectively,
the Authority or any other person authorised by it under this Article to use during
Suspension, all intellectual property belonging to or licensed to the Concessionaire.
15.6 Revocation of Suspension
For the avoidance of doubt, the Parties expressly agree that the Authority may, in its
discretion, revoke the Suspension at any time, whether or not the cause of Suspension
has been rectified or removed hereunder.
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ARTICLE 16:
CONSEQUENCES OF TERMINATION
16.1 Termination Payment for Termination by the Authority
16.1.1 UponTerminationbytheAuthority,duringthe OperationsandMaintenancePeriod,
inaccordancewith theprovisionsofArticles15, theConcessionaire shallpeacefully
handoverthepossessionof the Project, the Site and the Assets in proper working
conditionandthePerformanceSecurity shallbeencashedby theAuthority.
16.1.2 The Concessionaire shall be entitled to get Termination Payment as mentioned below:
(i) Fifty (50%)percent premium paid towards land rent, apportioned to the balance
of the Operations and Maintenance Period; and,
(ii) Fifty (50%)percent depreciated value of the structures of the Jan Suvidha
Kendra and the Project.
16.1.3 For the avoidance of any doubt, it is clarified that the Termination Payment, as payable
by the Authority, shall be reduced by the following:
(i) Debits for cost of wear and tear required to get the structures of the Jan Suvidha
Kendraand the Project up to good working condition; and,
(ii) Debits for any incomplete work of the Concessionaire.
For illustration, the Concessionaire is assumed to have paid Licence Fees of Rs. 45.00
lacs, with a Performance Security of Rs. 6.00 lacs for Concession Period of 15 years,
has incurred a cost of Rs. 150.00 lacs towards construction of Building, Rs. 70.00
towards furniture and interior and the Project is terminated at end of the fifth (5th)
year. Now, at the time of termination, there is some cost of wear and tear of Rs. 5.00
lakhs.
Then in that case, termination payment shall be as follows:
Sr. No. Particulars Amount (Rs.)
i) premium paid towards land rent, apportioned to
remaining operation period, As per table T-1 and
T-2 as below
15,68,130
ii) 50% depreciated value of the building
(Structure) (As per table T-3 as below)
62,50,000
Sub Total A 78,18,130
Reduced by
a) Debit for cost of wear & tear required to get the
building at good working condition
5,00,000
b) Debit for incomplete work, if any 0
Sub Total B 5,00,000
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Termination Payment Due ( Sub Total A- Sub
Total B)
73,18,130
Table T-1
Working for calculation of Premium
At the time of Bid
Year Period Rent Increas
e for
the year
ROI % NPV
From To
1
01-06-
17
31-05-
18 380016 0% 12% 339300
2
01-06-
18
31-05-
19 418017 10% 12% 333241
3
01-06-
19
31-05-
20 459819 10% 12% 327290
4
01-06-
20
31-05-
21 505801 10% 12% 321446
5
01-06-
21
31-05-
22 556381 10% 12% 315705
6
01-06-
22
31-05-
23 612019 10% 12% 310068
7
01-06-
23
31-05-
24 673221 10% 12% 304531
8
01-06-
24
31-05-
25 740543 10% 12% 299093
9
01-06-
25
31-05-
26 814597 10% 12% 293752
10
01-06-
26
31-05-
27 896057 10% 12% 288506
11
01-06-
27
31-05-
28 985663 10% 12% 283354
12
01-06-
28
31-05-
29 1084229 10% 12% 278295
13
01-06-
29
31-05-
30 1192652 10% 12% 273325
14
01-06-
30
31-05-
31 1311917 10% 12% 268444
15
01-06-
31
31-05-
32 1443109 10% 12% 263651
Present Value of Land
Rent
450000
0
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Table T-2
Working for calculation of Premium
At the time of Termination
Year Period Period
in
Years
Rent Increase
for the
year
ROI % NPV
From To
1
31-05-
22
30-05-
23
1.00 380016 0% 12% 339300
2
31-05-
23
30-05-
24
1.00 418017 10% 12% 334154
3
31-05-
24
30-05-
25
1.00 459819 10% 12% 327290
4
31-05-
25
30-05-
26
1.00 505801 10% 12% 321446
5
31-05-
26
30-05-
27
1.00 556381 10% 12% 315705
6
31-05-
27
30-05-
28
1.00 612019 10% 12% 310917
7
31-05-
28
30-05-
29
1.00 673221 10% 12% 304531
8
31-05-
29
30-05-
30
1.00 740543 10% 12% 299093
9
31-05-
30
30-05-
31
1.00 814597 10% 12% 293752
10
31-05-
31
30-05-
32
1.00 896057 10% 12% 289297
11
31-05-
32
31-05-
32
0.00 985663 10% 12% 776
12
01-06-
32
31-05-
32
- 1084229 10% 12% 0
13
01-06-
32
31-05-
32
- 1192652 10% 12% 0
14
01-06-
32
31-05-
32
- 1311917 10% 12% 0
15
01-06-
32
31-05-
32
- 1443109 10% 12% 0
Present
Value of
Land Rent
31,36,26
0
50% OF
ABOVE
15,68,13
0
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Table T-3
100% depreciated value of the building
Valuation of the project Rs. 15000000
Estimated useful life of the building Years 30
Operation period utilised Years 5
Balance Useful Life of Project Years 25
Depreciation on utilised period
Rate of depreciation of Straight Line Method % p.a. 3.33%
Amount of Depreciation for utilised period 2500000
Depreciated Value of the Building 12500000
50% of Depreciated Value of the building 50% 62,50,000
16.1.4 The Financial Model shall be prepared on the Proposal Acceptance Date and shall be
attached with this Agreement.
16.1.5 For value of premium to be repaid, one can refer to financial model prepared at the
time of bid submission, and for the purpose of Article 15 of this Agreement, premium
paid towards land rent, apportioned to remaining concession period would mean,
present value of balance premium of land rent at the time of bid submission.
(i) All payments due to the Concessionaire as calculated under Article 15.1 shall be
made within 30 (thirty) days of termination of the Agreement.
(ii) However, if the termination by the Authority on account of the Concessionaire
Event of Default is during the Implementation Period then the Concessionaire
shall not be entitled for any Termination Payments. However, the Performance
Security shall beencashed by the Authority.
16.2 Other rights and obligations upon Termination
UponterminationofthisAgreement for any reason whatsoever,theAuthorityshall:
(i) be deemed to have taken possession and control of the Project, the Site and the
Assets forthwith which are deemed to be or which should have been in
possession of the Concessionaire;
(ii) take possession and control of all materials, stores, implements, plants and
equipment on or about the Project and the Site;
(iii) be entitled to restrain the Concessionaire and any person claiming through or
under the Concessionaire from entering upon the Project and the Site or any part
of the Project premises;
(iv) require the Concessionaire to comply with the transfer requirements set forth in
Article 23 of this Agreement.
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16.3 Limitation of Termination Payments by the Authority
Termination payment, due and payable under this Agreement, shall be limited to Rs.
______________________ (Rupees ______________________ only), as the
case may be, and the Authority shall at no time be liable to pay the termination
payment in excess of Rs. ______________________ (Rupees
______________________ only). Provided that the liability of the Authority to make
the termination payment hereof is subject to the fulfilment of the transfer requirements in
accordance with Article 23 of this Agreement. For the avoidance of doubt, it is expressly
agreed that the termination payment shall constitute full discharge by the Authority of its
payment obligations in respect thereof hereunder. Upon termination on expiry of the term of
this Agreement by efflux of time, no termination payment shall be due and payable to the
Concessionaire. The Concessionaire expressly agrees that the termination payment under this
Article shall constitute a full and final settlement of all claims of the Concessionaire on account
of termination of this Agreement for any reason whatsoever and that the Concessionaire shall
not have any further right or claim under any law, treaty, convention, contract or otherwise.
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ARTICLE 17:
FORCE MAJEURE
17.1 Force Majeure Events
In thisAgreement,"ForceMajeure"meansanoccurrenceof an event inIndia of
anyorallofthe Non-PoliticalForceMajeureEvent,IndirectPoliticalForceMajeure Eventand
Political Force Majeure Eventdescribed in Articles17.2,17.3 and 17.4 of this Agreement,
respectively hereinafterwhichprevents the Party claimingForceMajeure (the
“AffectedParty”) from performingitsobligationsunderthisAgreementand whichactorevent:
(i) Is beyond the reasonable control of and not arising out of the fault or negligence
of the Affected Party or the failure of such Party to perform its obligations
hereunder;
(ii) The Affected Party has been unable to prevent by the exercise of due diligence
and reasonable efforts, skill and care; and,
(iii) Has a Materially Adverse Effect on the Project.
17.2 Non–Political Force Majeure Events
For thepurposesofArticle17.1,Non– PoliticalForceMajeureEventsshallmeanone
ormoreofthefollowingactsorevents:
(i) Acts of God or events beyond the reasonable control of the Affected Party which
could not reasonably have been expected to occur, extreme adverse weather or
environmental conditions, lightning, earthquakes, heavy rains, cyclones, tempest,
whirlwind, landslides, storms, floods, volcanic eruptions or fire;
(ii) Radioactive contamination or ionizing radiation;
(iii) Strikes or boycotts (other than those involving the Concessionaire, contractors,
or their respective employees/ representatives or attributable to any act or
omission of any of them) interrupting supplies and services to the Project for a
continuous period exceeding 7 (seven) days in an Financial Year, and not being
an Indirect Political Event set forth in Article 17.3;
(iv) Any judgment or order of any court of competent jurisdiction or statutory
authority in India made against the Concessionaire in any proceedings for the
reason other than failure of the Concessionaire to comply with any Applicable
Law or Clearances or on account of breach thereof, or of any contract, or
enforcement of this Agreement or exercise of any of its rights under this
Agreement by the Authority; or,
(v) Any other event or circumstance of a nature analogous to the foregoing, to the
extent that insurance is available at a reasonable cost to cover the occurrence of
any of the natural events. The Concessionaire will ensure that it has insured
itself against such risks.
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17.3 Indirect Political Force Majeure Event
ForthepurposesofArticle17.1,IndirectPolitical ForceMajeureEventsshallmean
oneormoreofthe followingactsoreventsbyoronaccountoftheAuthority,Government of
Indiaor anyotherCompetentAuthority:
(i) An act of war (whether declared or undeclared), invasion, armed conflict or act
of foreign enemy, unexpected call up of armed forces, blockade, embargo,
rebellion, riot, religious strife, bombs or civil commotion, sabotage, terrorism
which prevents collection of Commercial Charges by the Concessionaire for a
period exceeding a continuous period of 7 (seven) days in an Financial Year;
(ii) Industry wide or state wide or nationwide strikes or industrial action for a period
exceeding a continuous period of 7(seven) days in an Financial Year; or
(iii) Any public agitation which prevents collection of Commercial Charges by the
Concessionaire for a period exceeding a continuous of 7 (seven) days in a
Financial Year.
17.4 Political Force Majeure Event
Forthepurposes ofArticle17.1,PoliticalForceMajeureEventsshallmeanoneor
moreofthefollowingacts or eventsbyor onaccount oftheAuthority,GovernmentofIndiaorany
otherCompetentAuthority:
(i) Expropriationorcompulsoryconfiscation,byanyCompetentAuthorityofany
AssetsorrightsoftheConcessionaireor ofthecontractors; or,
(ii) Any unlawful or unauthorised or without jurisdiction, revocation of, or refusal to
renew or grant without valid cause any consent or approval required by the
Concessionaire or any of the contractors to perform theirrespective obligations
under the Project Agreements (other thana consent, the obtaining of which isa
condition precedent) provided that such delay, modification, denial, refusal or
revocation did not result from the Concessionaire’s or any contractor’s inability or
failure to comply with any condition relating to the grant, maintenance or
renewal of such consents or permits.
17.5 Exceptions applicable to the Concessionaire
The Concessionaire shall not have theright to consider any of the following
circumstances to be an eventofForce Majeure thatwould suspend the performance
orexcusethenon–performanceofitsobligationsunderthis
Agreementotherthanthecircumstancesresultingfroman eventof ForceMajeure:-
(i) Delay in performance by the Concessionaire, subcontractor(s), agents and
employees of the Concessionaire; or,
(ii) Breakdown or ordinary wear and tear of materials, equipment machinery or parts
relating to the Project.
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17.6 Exceptions Applicable to the Authority
The Authorityshall not have the right to consider any of the
followingcircumstancestobeaneventofForce Majeurethatwouldsuspendthe
performanceorexcusethenon-performance ofitsobligationsunderthis Agreement:
(i) Theexpropriation,confiscation,nationalisationor requisition of the Project,
Assetsby the Authority;
(ii) the imposition ofanyblockade,embargo, import restrictions, rationing or
allocationby the Authority or any Competent Authority; or,
(iii) Anydelayordifficulty inhandingover the Jan Suvidha Kendra asa result ofany
intervention ordirective of the Authority or any Competent Authority.
17.7 Effect of Force Majeure before the issue of Notice to Commence
UponoccurrenceofanyForceMajeureEventpriortotheissuanceofthenoticetocommence,thefoll
owingshallapply:
(i) There shall be noTerminationby the Concessionaire;
(ii) The Compliance Date shall be extended by the period of which such Force
Majeure event shall subsist, at the sole discretion of the Authority; and,
(iii) The Parties shall bear their respective costs arising out of such Force Majeure
Event.
17.8 Effect of Force Majeure after Compliance Date
Upon occurrence of any Force Majeure Event after the Compliance Date, the
followingshallapply:
(i) There shall be no Termination of this Concession Agreement by the
Concessionaire;
(ii) Where the Force Majeure Event occurs before the issue of Implementation
Completion Certificate or Provisional Implementation Completion Certificate, the
Concession Period shall be extended by the period for which such Force Majeure
Event shall subsist, at the sole discretion of the Authority;
(iii) Where the Force Majeure Event occurs after the issuance of Implementation
Completion Certificate, the Concessionaire shall make all reasonable efforts to
collect Commercial Charges, but if he is unable to collect Commercial Charges
during the subsistence of such Force Majeure Event, the Concession Period shall
be extended by the period for which collection of Commercial Chargesremains
suspended on account thereof; and,
(iv) All cost arising out or concerning such Force Majeure Event shall be borne in
accordance with provisions of Article 17.9.
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17.9 Allocation of costs during the subsistence of Force Majeure
UponoccurrenceofaForceMajeureEventafterComplianceDate,thecosts
attributabletosuchForceMajeureEventanddirectlyrelatingto theProject(the
ForceMajeureCosts)shallbeborneby theConcessionairefrom the insuranceover procured for
such purpose, in accordance with the requirements of this Agreement.
17.10 Termination Notice
IftheForce MajeureEventsubsistsforaperiodof270(twohundredseventy)daysor
morewithinacontinuousperiodof365(threehundredsixty five)days,eitherParty
mayinitssolediscretionterminatethisAgreementby giving30(thirty) daysTerminationNotice
inwritingto theotherPartywithoutbeingliableinany
mannerwhatsoever,saveandexceptaspertheprovisionsofinArticle17.11.
17.11 Termination Payments for Force Majeure Events
Upon TerminationofthisAgreementpursuanttoArticle17.10, no termination payment shall be
made by the Authority totheConcessionaire and the Concessionaireshall beentitled
toreceiveandappropriate,theproceedsofanyamountsunderinsurancepolicies. After expiry of
30 (thirty) days from such Termination Notice under Article 17.10 of this Agreement, in
the event that there is no contravention of the terms and conditions of this Agreement,
Applicable Laws, Clearances and Good Industry Practice, the PerformanceSecurity,if
subsisting, shallbereleased to the Concessionaire.
17.12 Dispute Resolution
IntheeventthatthePartiesareunabletoagreeingoodfaithabouttheoccurrenceor
existenceofaForce MajeureEvent,such disputeshallbe finally settledin accordancewith
theDisputeResolutionprocedureasunderArticle18,provided howeverthattheburden ofproofas
to theoccurrenceorexistenceofsuchForce
MajeureeventshallbeuponPartyclaimingreliefand/orexcuseon theaccountof suchForce
MajeureEvent.
17.13 Liability for other losses, damages etc.
SaveandexceptasexpresslyprovidedinthisArticleneitherPartyheretoshall be liableinany
mannerwhatsoevertootherPartyinrespectofanyloss,damage,cost, expense,claims,demand
andproceedings relatingtoorarisingoutofoccurrenceor existenceofanyForce MajeureEvent
orexerciseofanyrightpursuanttothisArticle.
17.14 Duty to Report
TheAffectedPartyshalldischargethefollowingobligationsinrelationtoreportingthe
occurrenceofaForceMajeureEventtotheotherParty:
(i) The Affected Party shall not claim any relief for or in respect ofa Force Majeure
Event unless it shall have notified the other Party in writing of the occurrence of
the Force Majeure Event as soon as reasonably practicable, and in any event
within7 (seven) days after the Affected Party knew or ought reasonably to have
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known of its occurrence and the probable Material Adverse Effect that the Force
Majeure Event is likely to have occurred on the performance of its obligations
under this Agreement
(ii) Any notice pursuant to this Article 17.14 shall include full particulars of:
1. Thenatureandextentof eachForceMajeureEventwhichis thesubjectof
anyclaimforreliefunderthisArticle17withevidence insupportthereof;
2. TheestimateddurationandeffectorprobableeffectswhichsuchForce
MajeureEventis havingorwillhaveonthe AffectedParty’s performanceof
itsobligationsunderthisAgreement;
3. ThemeasurewhichtheAffectedPartyistakingorproposestotaketo alleviatethe
impact of suchForce MajeureEvent; and
4. Anyotherinformationrelevanttothe AffectedParty’sclaim.
(iii) Forso longas the Affected Partycontinues toclaim tobe affectedbysuch Force
Majeure Event, itshallprovide theother Party with regular (andnot less than
weekly) written reportscontaining informationas required by this
Article17.14,andsuch other informationas the other Party may reasonably request
the Affected Party toprovide.
17.15 Excuse from performance of obligations
If theAffectedPartyiswhollyor partiallyunabletoperformitsobligationsunder this
AgreementbecauseofForceMajeure Event,itshallbeexcused from performance ofsuchofits
obligations to theextentitisunable toperformon account ofsuchForce MajeureEvent
providedthat:
(i) The suspension of performance shall be no greater scope and of no longer
duration than is reasonably required by the Force Majeure Event;
(ii) The Affected Party shall make all reasonable efforts to mitigate or limit damage
to the other Party arising out of or asa result of the existence or occurrence of
such Force Majeure Event and to cure the same withduediligence;and,
(iii) When the Affected Party is able to resume performance of its obligations under
this Agreement, it shall give to the other Party written notice to that effect and
shall promptly resume performance of its obligations hereunder.
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ARTICLE 18:
DISPUTE RESOLUTION
18.1 Amicable Resolution
18.1.1 Any dispute, disagreement, difference, controversy or claim arising out of, relating to or
in connection with this Agreement (including any question regarding its existence,
validity, interpretation, performance, breach or termination) and any dispute relating to
any non- contractual obligations arising out of or in connection with it (a “Dispute”)
shall, so far as is possible, be settled amicably.
18.1.2 If a Dispute arises, a Party may serve a written notice on the other Party commencing
a formal consultation period of thirty (30) days within which the Dispute should be
resolved (“Consultation Period”). During the Consultation Period, the Chief Engineer
of the concerned Public Works Region on behalf of the Authority and the CEO/MD of
the Concessionaire shall be obligated to promptly meet with each other, at a place to
be mutually decided by the Parties. Each Party shall bear their own costs and expenses
for attending such a meeting.
18.2 Arbitration
If the Dispute is not resolved by end of the Consultation Period, the Dispute shall be
referred to and finally resolved by a binding arbitration in accordance with the
Arbitration and Conciliation Act, 1996. The arbitration shall be conducted as follows:
(a) Any Party raising the Dispute and invoking the arbitration shall send a written
notice of Dispute (“Arbitration Notice”) to other Party.
(b) The arbitration shall be conducted by a sole arbitrator, who will be mutually appointed by the Parties within a period of thirty (30) days from the date of the Arbitration Notice. In the event, the sole arbitrator is not appointed by the Parties within the said time period, the sole arbitrator will be appointed by the court in accordance with the Arbitration and Conciliation Act, 1996.
(c) All proceedings in any such arbitration shall be conducted in English.
(d) The seat of the arbitration proceedings shall be Solapur, Maharashtra.
(e) The arbitrator shall be free to award costs as may be appropriate.
(f) The arbitral award shall be a reasoned award and shall be in writing.
(g) The arbitral award shall be final and binding on the Parties. The Parties undertake to carry out the award without delay.
18.3 Performance during Dispute
The Authority shall have the right to take over thepossessionand control of the
Project, the Site and the Assets after the issuance of the Termination Notice
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irrespective of any Dispute raised by the Concessionaire regarding such Termination or
otherwise. Pending the settlement/adjudication of the said Dispute, the Authority shall
have right to operate and manage the Project. Further, the Concessionaire shall continue
to perform all other obligations pending the settlement/adjudicationof anyDisputeunder
thisArticle.
18.4 This clause shall survive termination of this Agreement.
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ARTICLE 19:
PERIODICAL AUDIT AND INSPECTION
19.1. A bi – annual audit of the Project and the Jan Suvidha Kendra shall be conducted by a
Person designated by the Committee formed as per Article 9 of this Agreement. This
audit shall be conducted at least two (2) times in a year and there shall be gap of at
least 4 months between two (2) consecutive audits. The gap between two (2)
consecutive audits by such Person, designated by the Committee, should not be
beyond eight (8) months in any case. Report as per format specified in Schedule – V
of this Agreement shall be prepared and submitted to the Parties. The Authority shall
have the right to terminate the Agreement, in the event of the Concessionaire failing
to achieve at least 75% of the total marks, for three or more times, during the audit
of periodical audit conducted by the Authority, in accordance with this Article.
19.2. The Authority and / or its representativeshall have the discretion to inspect the Project
at any point time during the Concession Period and shall give intimation of any wrong
done or shortfall for the operations / constructions. This inspection shall be in addition
to the periodical audit conducted throughout the Concession Period.
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ARTICLE 20:
FINANCING DOCUMENTS
20.1. TheAuthority hereby confirms that it shall not enter into any substitution agreement with
any banker, financial institution and / or any Person and the Concessionaire thereby shall
make provisions of funding for the Project, the Site and the Assets on its own financial
credibility and financial security.
20.2. The Concessionaire further hereby undertakes to the Authority that the Concessionaire
shall not offer the Site given to it under this Agreement as security and / or create any
charge, lien, interest and / or any Encumbrance to any bank/financial institution/any
Person for any reason whatsoever.
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ARTICLE 21:
TAXATION AND CONFIDENTIALITY
21.1. Local Taxation
(i) The duties, responsibilities and obligations of the Concessionaire under this
Agreementshallinclude payment of all Taxes, charges towardsimport license, toll,
customsduties,importduties,businesstaxes,etc.,that maybeleviedin
accordancewiththeApplicableLawsas per the applicable rates.Nothingin
thisAgreementshallrelievethe Concessionairefromitsresponsibility
topayanyTaxesthatmaybeleviedinIndia onprofitsmadeby itinrespect
ofthisAgreement
(ii) Under the provisions of the Income Tax Act, 1961, the Authority is required to
deduct tax at source at the rates prevailing in case any payments are made to the
Concessionaire as envisaged under this Agreement.
21.2. Income Taxes on Staff, Labour, Employees and Personnel
TheConcessionaire'sstaff,employees, personnelandlabourwillbeliabletopaypersonal income
taxesin Indiainrespectoftheirsalaries, commissionsandwagesaschargeableunderApplicable
LawsandtheConcessionaireshallmakesuch deductionsinrespect of suchtaxesasrequiredby
law.
21.3. Confidentiality
“Confidential Information” shall mean all non – public information of the Project and /
or the Authority which is accessible by or is available to the Concessionaire whether in
writing, oral, graphic, visual or any other tangible, intangible or electronic form including,
without limitation, any and all information relating to the Project (whether past, present, or
future) including without limitation the financial data, financial results and projections,
costs and prices, details and data of Concessionaire’s suppliers, dealers, distributors,
customers, retainers, employees and consultants (whether past, present or prospective),
technologies, technical and business strategies, business and marketing plans, marketing
and sales techniques, pricing and other strategies, computer programs, software tools,
source codes, object codes, protocols, product descriptions, development schedules,
product positioning, choices of product names, trade secrets or know how, customer
information and intellectual property rights, in relation to the Project, the Assets and the
Site, as well as any such information not generally known to third parties or received from
others that the Concessionaire is reasonably expected to treat as confidential. The
Concessionaireshall not,atanytime,beforethe expiryorterminationofthis
Agreement,withoutthe consentoftheAuthority,divulgeorsufferor
permititsofficers,employees,oragents todivulge toany Person (otherthan toany ofitsor
theirrespectiveofficersoremployeeswhorequirethesametoenablethem
toproperlytocarryouttheirduties),anyConfidential Information and any other information
relatingtothenegotiations concerningthe RFP, the Agreement, the
operations,contracts,commercialorfinancialarrangementsor affairs
oftheAuthorityoranyproprietaryinformationoftheAuthority.
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21.4. Exceptions to Confidentiality
TherestrictionsimposedbyArticle21.3shallnotapply tothedisclosureofany Confidential
Information:
(i) Which now or hereafter is released into the public domain, otherwise than asa
result of a breach of an undertaking of confidentiality or which is obtained with no
more than reasonable diligence from sources other than the Concessionaire;
(ii) Which is required by Applicable Laws, to be disclosed to any Person who is
authorised by Applicable Lawsto receive the same;
(iii) To a court, arbitrator or administrative tribunal in the course of proceedings before
it to which the Concessionaireis a party; or,
(iv) To any consultants, banks, financiers and / or advisers to the Concessionaire, or in
accordance with the duties, obligations and responsibilities of the Concessionaire
under this Agreement.
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ARTICLE 22:
PROJECT REVENUES AND COMMERCIAL CHARGES
22.1. Levy and Appropriation of Commercial Charges
(i) TheConcessionaireshalllevy,collect,appropriateCommercialCharges from the
Project, the Site, shops, establishments, stalls, advertising boards, restaurants,
etc.Fortheperiodinaccordancewith the provisionsofthisAgreement.
(ii) Save and except as otherwise stated under this Agreement, onand from
theOperationsDateanduntil thelastdateoftheConcession
Period,theConcessionaireoritssubcontractorsshall levy,collect,and
appropriateCommercialCharges,assetoutinArticle 22.2 of this Agreement.
(iii) TheAuthority expressly recognisesthattherightofthe Concessionaireorits
subcontractorsto levy,demand,collect, retain,andto
appropriateCommercialChargesinaccordance(i)with thetermsofthisAgreementand
(ii)toexerciseallrightsand remediesavailableunder Applicable Laws
andunderthisAgreementfor the recoveryofthe Commercial Charges.
22.2. Types of Project Revenue
(i) Incomefrom User charges, fees and Commercial Charges
The Concessionaire shall be allowed to charge for the use of the Project
including the stalls, ATM, Restaurant, vehicle repair facility, etc. but shall not
charge the Users Commercial Charges for such services as intimated by the
Authority which shall be mandatorily be provided free of cost to the Users.
(ii) Income from Display of Advertisements
The Concessionaire can charge Commercial Charges for the purposes of
advertisements in accordance with Applicable Laws, subject to prior written
consent of the Authority. The display of advertisements at any part the Project,
the Site and the Assets shall be as per the instructions of the Authority. In the
event, that the Concessionaire is instructed to remove and / or take down any
advertisement, on the Project, the Site and the Assets, the Concessionaire shall
be liable to remove such advertisement, within a period of seven (7) days from
the date of such request, failing which it shall amount to a Concessionaire Event
of Default. The Concessionairemay sub – licenseout the advertisement boards to
theadvertisers with prior written consent of the Authority in accordance with the
terms and conditions of this Agreement.
(iii) Miscellaneous
Apartfrom theabove, the Concessionaire shallbe well within its right to generate
revenues forotheractivitiessubject to prior written consent of the Authority,
Applicable Laws, Clearances and the terms and conditions of this Agreement.
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ARTICLE 23:
TRANSFER OF THE PROJECT
23.1 Transfer of Project
(i) OntheTransferDate,theConcessionaireshall,transferandassigntothe
Authorityoritsnominatedagency,asthecasemaybe,the Project, the Site and the
Assets, free andclearofany charges,liens, interestandEncumbrances created or
suffered by the Concessionaire after the Compliance Date of all the
Concessionaire’s right, title, benefits and interest in and to the Project, the Site
and the Assets. The Concessionaire shall also deliver to the Authority or its
nominated agency on such date such project reports, manuals, plans, design
drawings, reports, accounts and other information as may be required by the
Authority or its nominated agency to enable it to continue the operation of the
Project either directly or by its nominated agency. The labour, employees and
personnel of the Concessionaire shall continue to be the employees, labour and
personnel of the Concessionaire and the transfer of all the movable and
immovable assets shall not in any manner affect their status as employees, labour
and personnel of the Concessionaire and theyshall have no claim to any type of
employment or compensationfrom the Authorityoritsnominatedagency.
(ii) TheConcessionaireshalltotheextentpossibleassigntotheAuthorityorits
nominatedagencyatthetimeoftransferallunexpiredguarantees andwarrantiesby
subcontractorsandsuppliersandallinsurancepolicies.The Concessionaireshallensure
thatany rights,whichare to be so assigned,are capable ofassignmentand the
counterpartto the Concessionairehas approved
suchassignmentunderthetermsandconditionsoftherelevantProject Agreement.
(iii) The Concessionaire shall, to the extent possible at the time of transfer, assign to
the Authority or its nominated agency all contracts, equipment contracts, supply
contracts and all other contracts relatingto the Project, the Site and the Assets
entered into bythe Concessionaire and subsisting at the time of transfer
exceptany agreements and / or contractswithemployees, labour and / or
personnel.
(iv) At least 60 (Sixty) dayspriortotheTransferDate, the Authority shall be entitled to
appoint any consulting engineer to assess the condition of the Project, the Site
and the Assets. Such consulting engineer shall be entitled to have free access to
inspect the Project, the Site and the Assets, provided that such inspection is
reasonable and is carried out with minimum disruption to normal operation of the
Project, the Site and the Assets.
(v) Untilthe TransferDate,allrisksshallliewiththe Concessionaireforloss ofor
damagetothewholeor anypartoftheProject, the Site and the
Assets,unlesssuchlossordamageis
duetoanactoromissionoftheAuthorityincontravention ofits
obligationsunderthisAgreement
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(vi) TheConcessionaireshall provide fairand justcompensation toits labour, employees
and personnel asrequiredunder Applicable Lawsorunderthis Agreement,and shall
indemnify theAuthority againstany claimsfromany such labour, employees and
personnel for their loss of office, redundancy, loss of employment or
otherwise.TheAuthority shallacceptabsolutely noliabilityon accountofany
matterpertainingto theConcessionaire'semployees,staff, labouretc.
(vii) OntheTransferDate,theConcessionaireshallhandovertheProject, the Site and the
Assetsand all other movableandimmovableassets forming part thereof,
totheAuthorityoritsnominated agencyatzerocost or expense to the Authority.
(viii) Upon the issuance of the Agreement Completion Certificate by the Authority, the
obligations and the rights of the Concessionaire under this Agreement shall
terminate vis – à – visthe Authority and the Authority or its nominated agency
shall take over the Project, the Site and the Assets and the operation and
maintenance of the Project, the Site and the Assets and any other rights or
obligations arising out of this Agreement which either expressly or implicitly
survive termination of this Agreement. Provided that theConcessionairemay
continuewithany other businessoperations arising other than in connection with
this Agreement and provided further that the Concessionaire shall no longer act in
its capacity as Concessionaire in relation or pursuant to this Agreement.
(ix) On completionof thetransfer bytheConcessionairetothe
Authority,theAuthorityshallissueanAgreementCompletionCertificate to the
Concessionaire in accordance with the requirements of this Agreement. The
Agreement Completion Certificate will have the effect of constituting evidence of
transfer of all rights, titles and interests in the Project by the Concessionaire, and
their vesting in the Authority hereto.
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ARTICLE 24:
MISCELLANEOUS PROVISIONS
24.1 Governing Law and Jurisdiction
ThisAgreementshallbeconstruedandinterpretedinaccordancewith and
governedbythelawsofIndia. Subject to the provisions of Dispute Resolution clause of this
Agreement,andthecourtsofSolapur, Maharashtra shall have
jurisdictionoverallmattersarisingoutof, in connection withorrelatingto thisAgreement.
24.2 Waiver
WaiverbyeitherPartyofanydefaultby theotherPartyintheobservanceand performanceofany
provisionsoforobligationsunderthisAgreement:
(i) Shallnotoperateorbe construedasawaiverofanyotherorsubsequent
defaulthereoforofotherprovisionsoforobligationsunderthis Agreement;
(ii) Shall not be effectiveunless it is in writing and executed by a duly
authorisedrepresentativeoftheParty;and
(iii) Shallnotaffectthevalidity or enforceabilityofthisAgreementin anymanner.
Neitherthe failurebyeitherPartytoinsiston anyoccasion upon the performanceofthe
terms,conditionsandprovisionsofthisAgreementorany obligationthere
undernortimeorotherindulgence grantedby
aPartytotheotherPartyshallbetreatedordeemedas waiverofsuchbreachor
acceptanceofanyvariationortherelinquishmentofanysuchrighthereunder.
24.3 Exclusion of implied warranties
ThisAgreementexpresslyexcludesanywarranty,conditionoranyother
undertakingimpliedatlaw orbycustomorotherwisearisingoutofanyother
agreementbetweenthePartiesoranyrepresentationbyeitherPartynotcontained inabinding
legalagreementexecutedbybothParties.
24.4 Severability
Ifforany reasonwhatsoever,anyprovisionofthisAgreementisor
becomesinvalid,illegalorunenforceableorisdeclaredby any courtofcompetent
jurisdictionorany other legalandvalidinstrumentality tobeinvalid,illegalor unenforceable,
thevalidity,legality orenforceabilityoftheremainingprovisions
shallnotbeaffectedinanymanner,andthePartieswillnegotiateingoodfaith
withaviewtoagreeingupononeor moreprovisions,which maybesubstitutedfor
suchinvalid,unenforceableorillegalprovisions,as nearly asis practicable.Provided
that,failure of the Parties toagreeuponanysuchprovisionsshallnotbeasubjectmatter
todisputersolutionunder thisAgreementorotherwise.
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24.5 Entire Agreement
This Agreement and the Schedules together constitutes a complete and exclusive
understanding between the Parties of the terms and conditions of the agreement
between the Parties on the subject hereof and no amendment or modification hereto
shall be valid and effective unless such modification or amendment is agreed to in
writing by the Parties and duly executed by persons especially empoweredinthis
behalfbytherespectiveParties.
24.6 Custody of Documents
TheProject Report and other documents, manuals, memoranda and / or any other
information in relation to the Project, the Site and the Assets (“Design Documents”), as
may be required by the Authority,shallbeinthecustody andcareoftheConcessionaire.
Unlessstatedotherwise inthisAgreement,theConcessionaireshall providefour (4)
copiesfortheuseoftheAuthority.
24.7 Copyright
TheConcessionaire,as beneficialowner,hereby transfers to
theAuthoritycopyrightandregistereddesignandall otherpropertyrights
subsistinginoraccruingtotheConcessionaire,in relation to theDesign Documents
madeortobemadeby oronbehalfoftheConcessionaire,duringtheConcession
Periodforwhichsuchcopyrightsubsistsinsuchworks.TheAuthorityhereby grants
totheConcessionairenon-exclusiveroyalty-freelicence tousesuch
documentsanddrawingssolely forthepurposeofcomplyingwithitsobligations
underthisAgreement.
24.8 Use of the Authority's Documents
Copyrightinthe technicalrequirementsand otherdocumentsissuedbythe
AuthoritytotheConcessionaireshall(asbetweentheParties)remain the property
oftheAuthority.The Concessionairemay,atits cost,copy,use and communicateanysuch
documentsforthepurposesofthis AgreementTheyshall not,withouttheAuthority's consent,be
used,copied orcommunicated to a ThirdPartybytheConcessionaire, except
asnecessaryforthepurposesofthisAgreement
24.9 Compliance with Laws and Directives
(i) TheConcessionaireshall,inall mattersarisingintheperformanceofthis
Agreement,complywith, giveallnoticesunder,andpayallTaxes,
leviesandothersimilarchargesrequiredbytheprovisionsofanyCentralor
StatelaworDirectiveoranyregulationofanylegallyconstitutedpublicauthority
havingjurisdictionoverthe Project, the Site and the
Assets.TheConcessionaireshallcomply withallApplicable Laws.
(ii) In theperformance ofthisAgreement,theConcessionaireshall
ascertainandcomplywithall
relevantlawsandDirectives.TheAuthoritywillprovidesuchreasonable assistance
asmaybe requestedbythe
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ConcessionaireinascertainingthenatureandextentofsuchrelevantApplicable Laws
andDirectives.
(iii) TheConcessionaireshallindemnifytheAuthority,the
Authority’sofficers,employeesandagents againstall
governmentalpenaltiesandfinespayabletoaCompetentAuthority,together withany
reasonablelegalexpensesincurredin connection therewith,tothe extent arisingoutof
anyfailureofthe Concessionaireoritsemployeestocomply
withanylawordirectiveapplicabletotheProject, the Site and the Assets
duringtheperformanceofthe duties, obligations and responsibilities of the
Concessionaire.
(iv) IftheConcessionaireortheAuthorityfindsanydivergence betweenany Applicable Lawor
Directiveand thetechnicalrequirements under this Agreement, it shallgivetothe
Concessionairea writtennoticespecifying thedivergenceandproceedinaccordance
withthe terms and conditions of this Agreement.
24.10 Joint and Several Liability
IftheConcessionaireis ajointventureoftwoor morePersons,allsuch Persons shall be jointly
and severally liable to the Authority for the fulfilmentoftheterms
ofthisAgreement.ThecompositionortheconstitutionoftheJoint Venture (JV) Members
shall notbealteredwithoutpriorapproval oftheAuthority andasper thespecific
provisionsinthisregardprovidedinthisAgreement.
24.11 Notice
Any notice to be given under this Agreement shall be deemed to have been duly given
upon receipt when in writing and delivered in person, by facsimile transmission, by telex
or by courier, addressed as follows:-
(a) If to the Authority:
In the case of the Authority, all notices shall be given by facsimile or e-mail and
by letter delivered by hand and be addressed to the Engineer – in – Charge,
Public WorksDivision,Solapur, Government of Maharashtra and to such other
person as the Authority may from time to time designate by notice to the
Concessionaire.
(b) If to the Concessionaire:
Address: ______________________________
Attention: _____________________________
Fax No: _______________________________
Phone: ________________________________
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Any Party may change its address provided above for the purpose of this
Agreement by giving written notice to the other Parties of such change in the
manner hereinabove provided.
24.12 Language
The language of this Agreement is the English language. All correspondence, drawings,
designs, design data, Tests reports, certificates, specifications and information shall be
in the English language. All other written and printed matter required for
Implementation, operation and maintenance shall be executed in the English language.
Instructions and notices to the public and staff and all other signs and information
notices shall be in English and Marathi language only.
24.13 No Assignment
This Agreement shall not be assigned by the Concessionaire to any Person, save and
except with the prior consent in writing of the Authority, which consent the Authority
shall be entitled to decline without assigning any reason. The Concessionaire shall not
create nor permit to subsist any Encumbrance, or otherwise transfer or dispose of all or
any of its rights and benefits under this Agreement or any Project Agreement to which
the Concessionaire is a party except with prior consent in writing of the Authority, which
consent the Authority shall be entitled to decline without assigning any reason.
24.14 No Termination
The Parties hereby agree that the Concessionaire shall not exercise its rights, under
Applicable Laws and / or equity, to terminate this Agreement, without the prior written
consent of the Authority.
24.15 Counterparts
This Concession may be executed in 2 (two) counterparts, each of which when
executed and delivered shall constitute an original of this Agreement.
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IN WITNESS WHEREOF the Parties have caused this agreement to be executed on the day
and year first hereinabove written and in the manner hereinafter mentioned.
SIGNED, SEALED AND DELIVERED for and on
behalf of the GOVERNOR OF MAHARASHTRA,
by the Executive Engineer, Public Works Division
____________
Witnesses:
1.
2.
SIGNED, SEALED AND DELIVERED by the within
named CONCESSIONAIRE,
____________________________
LIMITED, by the hand of
________________________________, its
authorized signatory in whose presence the
Common Seal of
________________________ LIMITED has
been affixed hereto pursuant to the resolution
passed by its board of directors on
________________________________.
Witnesses:
1.
2.
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LIST OFSCHEDULES
I
Scopeof Work
II
Format of Performance Security
III
Calculation Method of Premium
IV
TheSite
V
Format of Audit Report
VI
Format of Certificate by Executive Engineer at Time of Completion
of Implementation
VII
Format for Working of Premium Paid
VIII
Consent for Subletting
IX
Format for Agreement Completion Certificate
X
Financial Model
XI
Provisional Completion Certificate
XII
Land Licence Agreement
Page 156 of 196
SCHEDULE–I
SCOPE OF WORK AND SPECIFICATIONS
TheConcessionaireshallberequiredtodevelop Jan Suvidha Kendra for the Project titled “Design,
Build, Finance, Construction, Development, Implementation, Operation and
Maintenance of the Jan Suvidha Kendra, at KARAMBA,TAL-NORTH SOLAPUR,DIST-
SOLAPUR, Maharashtra”
The Concessionaireshall be required to conceptualize anddesign, build, finance, construct, develop,
implement, operate and maintainworld – class, aesthetically pleasing, hygienicandmodernJan
Suvidha Kendra and the Project including without limitation the toilets, facilities for provision of
clean drinking water andhavingallrequired fittings, equipmentand fixturesat the Site including
without limitation:
a. Gents toilets – Urinals – 14 Nos. minimum - W/c - min. 4 including Women’s toilet – 10
Nos. Min. with sanitary napkin disposal system and physically challenged 1 Unit (unisex)
b. Drinking water with RO and water ATM facility.
c. Kitchen and restaurant facility with furniture.
d. Shops for general stores, ATM, food plaza, etc.
e. Shop for servicing of vehicles.
f. Security centre.
g. External and Internal beautification.
h. Children’s play area.
i. Internal roads,
j. Compound wall,
k. Sewage treatment plant and effluent treatment plant.
l. Provision of electrical work shall include but not limited to the following –
i) Street lights.
ii) Solar lights
iii) Internal electrical installations, with inverter facility.
iv) CCTV installation
v) External electrifications including transformers, DG sets, etc.
m. Paving, parking place, park etc.
n. External water supply.
The followingare theparameters thatshall be ensuredby the Concessionaire:
I. JAN SUVIDHA KENDRA :
a. TheJan Suvidha Kendrashallhaveprovisionforrequiredtoiletseats
menandwomenasspecifiedinthe norms andspecifications.
b. The Jan Suvidha Kendra shall be constructed in accordance with the following:
Page 157 of 196
Area of the Site (in
square feet)
Built up area (in square
feet)
Minimum Built – up
Area (in square feet)
Maximum Built – up
Area(in square feet)
c. The Concessionaire shall develop toilets, to have other basic facilities, such as
hand washing, solid and menstrual waste disposal, baby pad changing table,
proper ventilation, lighting, security system for privacy shall have to be provided
for functional requirement.
d. Toiletsshall have easy accessibility for handicappedandsecureaccessibility for
women.Forpersons with physical disabilities the design should provide
facilitiessuch as ramp for access, hand rail inside the Jan Suvidha Kendra, etc.,
asperspecifications.
e. Standard area covered under the toilet shall be as per the drawings provided by
the Engineer – in – charge. Number of seats can beincreasedor
decreaseddepending upon the specific requirement and availability of space with
the approval of Authority.
f. Design should be user friendly, rugged, vandalism – proof and fire resistant to
ensure safety of equipment and installationsas well asthe Users.
g. Designshouldalsotakecareof the requirements of maintenanceand proper
accesses for cleaning of drains shouldbeprovided. Suchaccesses shouldbe leakage
proof to ensure proper hygiene.
h. The specifications to be adopted for finishing items such as flooring, wall lining
etc. shall have to be of waterresistant materialsof1stquality. Flooring to be anti –
slip and with proper drainage system.
i. Forsafety/ rescue, break – insof (internal) toilet doorsshould be part of design.
j. Green concepts in design such as use of natural lighting / ventilation, scientific
disposal of waste shall be encouraged.
k. The words “Jan Suvidha Kendra” in English and Marathi should be prominently
displayed on one panel in front on a properly lighted Billboard of minimumsize
2’x8’.
l. The signage for entry for men, women and physically challenged should be
prominently displayed on the respective entry gates in English, Hindi and
symbols.
Page 158 of 196
m. Ontheinsideof the toilet, thereshouldbeinformationpanels, prominently and clearly
displaying dos& don’ts, safety instructions, identificationdetails of the toilet,
cleaningschedule, details about complaint registrationsystem in place, telephone
number, e – mail address of Concessionaire’s nodal person for receiving
complaints, and telephone number of Engineer – in – charge, official number for
escalating the complaint (if not attended). These information panelsshould be in
Marathi and English. The information panels should be of good quality,screen
printed and sufficientsize (small stickers notacceptable). The mounting should be
rugged and tempering proof.
II. DEVELOPMENT CONTROLS:
TheConcessionaireshallberequired toconstruct theproject only intheallotted
space/landasper prevailing byelaws, government rules,designand specifications
approvedby thecompetent authority. Necessary Clearances regarding approach roads
to Project shall be taken from the Competent Authorities.
Following aretheconditionsthat shouldbeensured:
A. CommonInstructions:
a. Theconstruction/installationshouldbeexactlyasperthedesign,plan and
specification asmentioned in Project Report and as approved by the
Authority.
b. The septic tankinthe Jan Suvidha Kendrashould beconstructedinsucha location
to provideaccesstothevacuum truck toremovethe septage if sewer
systemisnot present.
c. Thetoiletconstructionshouldnotcreate unsecure spacesinoraroundit
causingsafetyconcern.
d. Propersewage connectiontobeensuredso thatnowaterloggingor
unhygienicconditionsarecreatedinor aroundthe toilet.
e. Theareaaroundthetoiletto berestoredin properannerandnodebris,
buildingmaterial,garbage,brokenpavement/ kerb– stones/interlocking tiles/CC
shouldremain within10metersof the toiletsoconstructed.
f. During the construction, the Concessionaire(or his contractors) shall
ensureproperupkeepforcollectingdebrisandproperscientificdisposal ofdebris.
g. Land/space foroff-site pre– fabrication(ifrequired)shallbeorganizedby
Concessionaireathisowncost.
h. Construction/Installationshouldbeof highqualityandfinishtoensure
propercleaning, maintenancehygiene,preventwaterloggingand blockages
andtofacilitateaseof maintenance.
Page 159 of 196
i. Lightingsystemshouldbeadequateandall fixturesshouldbevandalism– proof.
j. Plumbingshouldbeofgoodquality UPVC /CPVC,waterconserving,andvandalism–
proof.
k. Electricityandwaterconnectionfromutilityagencyshallbeobtainedbythe
Concessionaire.
l. Adequatefire– safetymeasures complying withall fire safety norms
shallbeinstalled and maintained.
m. Concessionairenotonlydependingontheroof toptanks,has alsorequired
toplanundergroundstorage (of water)andpumping arrangements as per
capacity given.
n. Inareaswherefrequentbreakdown/load– sheddingofelectricity
(Concessionaireneed tomakeanassessmentofsuchlocations),
Concessionairemay alsoberequired toplanInverterarrangements.
Generatorcausingairand noisepollutionshallnotbeallowedtobeusedas
analternatesourceofelectricityexceptinexceptional circumstances.
B. Instructionsfor displaying Advertisement for Concessionaire
a. TheConcessionaire shall be required toincludetheadvertisement boards
design to the proposed sites in the Project Report shallbe submitted to
Authority;
b. No Advertisement shallbe displayed by the Concessionaire until the Jan
Suvidha Kendra hasbeen madeoperational. Further, theConcessionaireshall
loose the right to display advertisement whenever the toilet, for any reason,
becomes non – operational;
c. 70% of outsidespace in the plot assigned canbeutilizedfor
Advertisementpurpose; and,
d. The specific parameters with respect to height the display should be as per
laid down in the outdoor advertisementpolicy approved by Hon’ble Supreme
Court/ High Court / Government Resolution thereof. The advertisement
shall also be strictly in accordance with the specificprovisionsaslaid down in
the Authority, Acts, Bye-laws, all other terms& conditionsofallotment and
outdoor advertisement policy of Authority.
e. Theminimum specificationsof thedisplayshall beasfollows:
i. Material: All structures/frameto bemade of galvanized steel.
ii. The structure /frameto be treatedwith hot dip or hot sprays
galvanization.
Page 160 of 196
iii. All screws and nuts to be made of stainless steel and there should be
spot welding at all thenutsto prevent vandalism.
iv. The structure /frameshould be dimensioned to withstand local wind
gusts according toregulations.
v. The structure /frametobe properlypowder coatedfor protection against
rusting.
vi. All materials should be non – flammable.
vii. All sharp cornersshouldbe eliminated.
viii. Parts used should not be fragile and safety secured to its foundation
with 20 mm anchor fasteners or chemical fasteners which make the
furniture morestableandjoint fastenersnot visible from outside.
f. Mandatorydisplayofcertaininformationontheadvertisementsite:
Theadvertisershalldisplay thefollowinginformationonaboardof size2feetby1.5
feeton frontside:
i. Jan Suvidha Kendra / logo
ii. Sitelocationname
C. CIVIL AND JOINERY WORK:
a. RCC structure.
b. Plinth 600mm.
c. External walls 230mm in AAC Block masonry
d. Internal walls 115mm
e. Internally 20mm neeru finished plaster
f. Externally 20mm sand faced plaster
g. 1000 X 1000 mm Rustic Finished Vitrified Tiles
h. 600 X 600 mm Glazed Vitrified tiles for Dado in Kitchen, washing area.
i. 600 X600mm Rustic Tiles for flooring in Toilets.
j. ACP/ metacular sheets/GRC sheets/ tensile roof sheets.
k. UPVC doors and all window frames.
l. Toughened glass doors, partitions (frontage of shops).
Page 161 of 196
m. Sliding windows with glass and UPVC frames.
n. Perforated sheet for Rolling shutters.
o. Parryware/hindware/ Kohler Sanitary appliances with soft close toilet seats.
p. Jaguar plumbing accessories with sensor systems.
q. UPVC/CPVC pipes for piping.
r. Rain water harvest to bore.
s. STP with waste water treatment tank.
t. Solar lights/ LED Lights in entire campus.
u. Fixed granite furniture in pantry.
v. Enough CCTV camera.
w. LED lights in centre.
x. Under ground water tank of 1,00,000 litres capacity. And 50,000 litres
capacity overhead tank.
y. Covered shed for generator, gas storage in separate compartment with
piped gas connections in kitchen.
z. Lustre paint internally and apex paint externally.
aa. Concrete floored roads for parking and in premises.
bb. GRC screen walls @ 15 sqmts.
D. Toilet Unit:
a. Basic structure shall comprise of AAC / brick masonry and RCC roof slab to
be constructedasper relevant IS codes.
b. Cement plaster in ratioof1:4(onecement: 4coarsesand) shall beprovided.
c. Flooring shall comprise of granite / Vitrifiedas per the specifications and the
colour as approved by Authority.
d. 8”x 12”glazedtiledadoupto7”-00”heightshallbeprovidedexceptinthestore
andentrancearea. The make&colourshallbeasapprovedbyAuthority.
e. Min.4”highskirtingshall beprovidedofthesamematerial asoftheflooring.
Page 162 of 196
f. Granite framesforalldoorsandwindows.
g. Door shutter of min 35mm thick with granite frame and panel of pre-
laminatedboardshall beprovided. FRP doors for toilet blocks shall be
provided.
h. Anodised aluminium sliding windowshall beprovided.
i. Washhandbasinsshallbeprovidedinthecountersasindicatedinthedrawing.
j. Thecountershall beof granite.
k. Approachestothetoiletsshallbeprovidedfrompathwaysand adjoiningareasas
feasible.Suchapproachesshallbelaidwithprecastpaver blocksofat least 40mm
thickness.
l. External finishshallbeoffactorymanufacturedprecasttilecladdingofthesizeand
colourtobeapprovedby Authority.
m. Internalwallsurfaceshallbefinishedwithgoodqualityplasticemulsionpaintof
makeandshadetobeapprovedbyEngineer – in – charge.
E. Fittings andfixtures:
a. Theceramicfixturesshall be of first qualitywhite/colouredand of thereputed
makes such as Jaguar/ hindware/ Kohler etc.as approved by Authority.
b. Round/oval washhand basins shall beprovided.
c. First quality C.P.fixtures and fittings shall be of the reputed make such as
Jaquar, Hindware/ Kohler etc. as approvedby Authority.
d. The requirednumbers of EWC andone Indian Type OrissaPan WC
withflushing valve shall be provided. The men and women section should
not be together andshouldbeseparate. Thepans shouldbe manufactured by
acompany which has Bureau of Indian Standards approval. Arrangements
for use by physically challenged person be also made or a separate WC
facility which is friendly for physically challengedpersonbe carvedout in the
toilet block.
e. Liquid soap dispenser shallbe provided for wash hand basin for ladies &
gents use.
f. Mirrors with full width of counter of wash hand basin of Belgium / Modi
g. Float makeshall be provided.
h. Waterfilter with RO, water cooler or Mineral water dispenser shallbe
provided for drinking water.
Page 163 of 196
i. At least two hand driers shall be provided of the make as approved by
Authority.
j. All other accessories shall be provided of the make to be got approved from
Authority.
F. Electrical:
a. Concealed conduit pipe with standard copper wire (ISI marked) shall be
provided.
b. Plate type switches and accessories of standard make such as Legrand/ MK,
Anchor, etc.
c. Electrical layout drawings shall beapprovedby Authority.
d. Exhaust fans/fresh air fans of any of the reputed makes such as Crompton
Greaves / Havells/ BAJAJ, etc. shall be provided.
e. Arrangement of alternate source of energy (Solar energy) shallbe provided
with compatibleelectric layouts, fittings & fixtures.
G. General:
a. Tensile structure as per drawing shall be provided. Double wall
polycarbonate sheet roofing shall be provided over the skylight etc. as per
the drawings approvedby Authority.
b. Water proofing treatment as per PWD specifications shall be provided over
the roof inaddition to the terracing.
c. The external treatment of the walls such as GRC( ) shall be got approved
from Authority.
d. The illumination of the advertisement panel shall be as per the requirement
and as permittedby thecivic authorities.
e. The layout and facilities providedshall beuniversal design.
f. The Jan Suvidha Kendrabuilt shouldbephysically challenged friendly.
Note:Themakeandcolourofallfittingsandfixturesshallbesubjecttoapprovalof Authority.
Theallotmentofworkis subjectto modificationsinthespecificationsand complianceof
guidelinesasmaybeprescribedfrom timetotime.
III. Construction Guidelines:
The followingare theconstruction guidelinesshallbeincorporatedandimplementedin
theProjectReportandshallbesubmitted bytheConcessionerforapprovalof Authority:
Page 164 of 196
a. TheinsideheightofToiletcomplexshould be as per drawings. The layout of the toilet
block would depend on theavailability ofspaceandotherlocalconditions.
b. The sketch plan in the Project Report of the proposed toilet blocks of each site
indicating the minimumspecifications to be adopted along with tentative key plan
etc.are enclosed. The Concessionaire shall prepare the working drawings based
on the site, ground and infrastructure details in consultation with Authority
andget itapproved fromcompetentauthority (ies) before startof construction
activity.
c. The floor should slope gently towards the floortrap. The floor of W.C area should
be sunkto avoid the flow of wateroutside the W.C area.
d. Internal finishing shall be done as approved by Authority.
e. All waterpipes, drainage and waste pipes would be concealed.
f. The lay out plan containing sites, orientation etc. of latrines and urinals and
showing plumbinglay out and various fixtures like taps, water closets, cisterns,
sinks, mirroretc. including electrical fixtures as also materials to be used for
different purpose should be got approved from Authority. The plan should also
show disposal of sewage and sewerage drains.
g. The Concessionaire is entirely responsible for the design,
construction/installation, maintenance and removal of all temporaryworks
employed. The Concessionaire shallbe responsible for the safety of the works,
operatives,adjoiningproperty,structures of services and compliance with
appropriate regulations and codesof practice.
h. Theareas aroundeach toilet block shallbeconstructed / installed/ developedby
proper approaches from pedestrianpathways andfrom allsides as feasibleand
paved by paving blocks and same shall be maintained by the Concessionaire
andfree from any obstructions andencroachments. Theadjoining areas upto10
mtrs. Fromthe external face of the toilet block subject to availability of area, shall
be landscaped,kept green & maintained.The area shall be keptwell lighted by the
Concessionaire at hiscost.
i. During construction/installation, all services or utilities on or adjoining the Project
site which are required to be maintained operationalshallbe protected from
movement, subsidence or damagefrom any cause whatsoever by adequate
temporary props, struts, shores and protective screens to the
installed/developed.
j. The Concessionaire shall be responsible for adhering to safety regulations for
Usersand workman’sas notified under Law.
k. PVCinsulated cables shallbe used in general forinternalwiring purposes as per
Bureau of Indian Standard (BIS) amended upto date and mentioned in the IS
Standard.
Page 165 of 196
l. All Civil/building/structural works shall conform to Public Works Department
(PWD) specifications for class-1building worksandstandardsas given in the
National Building Code (NBC) guidelines.
m. The Concessionaire shall construct structurally sound and aesthetically appealing
facilities to the satisfaction of the Authority as per workingdrawings approvedby
thecompetent authority. However, inareas where deviationsarenecessitateddue
tospace or locational constraints, the Authority shall permit variation.
n. After completion of each facility, the Concessionaire shall provide 5 sets of
Project Reports including plans/Drawings of various services provided therein
e.g.electricity,watersupply,sewerage,drainage etc.,indicating covered area,
advertisement area along with inventory of various fittingsand fixtures.
o. The Concessionaire shall plantflowering and othershrubs in the campus and
water them subject to the plan approved by the Authority.
p. Theelectricity andwater charges for construction, running andmaintenanceof
toilet including the adjoining area shall be borne by the Concessionaire and will
be paid directly to the concerned authorities by the Concessionaire.
q. Properarrangement shall be made by the Concessionaire to avoid any hindrance
to the traffic during construction, operation and maintenance of the Public
Conveniences. Diversion of traffic, if required, shall be arranged by the
Concessionaireasper trafficpolice requirements at hisown cost.
r. The Concessionaire shall obtain necessary electricity, water and sewerage
connections from the respectiveauthoritiesinhis/ her ownnameand shall be
responsible forclearance of all the dues forthe contract period, in time. On the
part of the Authority, only a‘NoObjectionCertificate’shallbe
issuedonaspecificrequest, toenabletheConcessionairetoobtainelectricity / water /
sewerage connectionsin his/ her name or in the name of his/ her firm. Proper
sewerage/ drainagetreatment shall bedoneby theConcessionaire,
whereverrequired.
s. The Concessionaire shall take all precautions to avoid any accidents during
construction / repair /maintenance / operation of the toilet blocks, electrical/
sanitary fittings andfixtures. If any accident occurs during construction / repair /
maintenance / operationof Public Conveniences /fittings and fixtures, the
Concessionaireshallbedirectly responsible for thedamages or any other
consequences, whatsoeverand Authority shall be kept harmless.
IV. Operation and Maintenance Guidelines:
a. The Jan Suvidha Kendra shall remain open 24 hoursa day including Sunday and
holidays except under exceptional circumstances when this is not possible.
Page 166 of 196
b. The designated premises shall be serviced,cleaned and maintained according to
the Authority’s requirements on all 7 days of the week with no exceptions except
in the case of Force Majeure as specified in this Agreement.
c. The liquid soap shall be made available at free of cost at all time during
operation.
d. The Concessionaire shall make own arrangement for security of the toilet block
and its fixtures.
e. TheConcessionaireshallfurnishthenames of thepersons whohavebeen appointedas
attendant/caretaker for thetoilet blocks andtheir names willbe registered with the
Authority. The said attendant/caretakerof the Concessionaire shall not allow any
otherperson to occupy the toilet blocks.
f. The Concessionaire shall ensure that each toilet structure displays a sign saying
“built and maintained by M/s < Concessionaire> for Authority along withthe logo
of Authorityand well lit “Community toilet” prominently on the walls. The height
of these letters shall be at least 15 cms.
g. The Concessionaire will not allow any person to use Public Convenience for
residential purpose or for stocking of any material etc, and not keep any animal
in or around the complex other than two attendants–cum – sweepers at each
toilet block, one for men and second forwomen to ensure continuousservice.
V. Maintenance schedule andstandards
TheConcessionaireshall adheretotheconditionsset out inTable1and Table2below: Table-
1
Utility Service Output Maximum Tolerance
Level
Permissibletimeli
mitfor
repairs/
rectifications Toilet floor Smooth and free
from cracks,
chippingor any other
similar damage.
Keep clean,dry,
withoutany litter,
stainetc.
Nil Repaired/rectifiedwit
hin7
day.
Debris/garbage/othe
r litter shall be
removed
immediatelyupondet
ection
Damaged/dysfunctio
nal
dustbins/spittoonssh
allbe
repaired/replaced
immediately upon
Page 167 of 196
Advertising
panels and
supporting
structures
No Cracks,
breakages or
corrosion ofmetal
surfaces
Nostains
No
defaced/discoloureds
urface
Notmorethan5%of
Surface shallbe
damaged/defaced/discol
oured,subject to, the
damaged/defaced/discol
oured area not
exceedinga maximum
areaof1Sqm inone
singlepatch.
Repaired/rectified
within 7
Daysfromdetection
Chairs/seats Shallbecleanand
Freefrom Damage
Nil Repair/replacein2day
s
Information
boards/sign
ages
Visiblelegibleand
functional
Nil Obstructions shall
be
Removedimmediatel
y upon thedetection
Dirty information
boards/signageshall
be cleaned
immediatelyupon
thedetection
Damaged
information
boards/signageshall
be
repaired/replaced
within24
hoursofdetections
Page 168 of 196
Lights All lights fully
functional and
illuminationasper
construction
requirements
100%ofthelightshall
Befullyfunctional
Any faulty light
bulb/tube shall be
repaired/replaced
within 24 hours of
detection
Table– 2
No. Particulars Specifics
1 Replacementofworn/damagedallplumbing
fittings on regular basis as and when
damagedbroken/
Bib cocks, Urinal push cocks,
all
CPfittings, Orissa pans,
European waterclosets,wash
basins urinal pans,flush
tanks,floatvalves,GI pipe
fittings, Nahani Traps,
Gratings
2 Replacement of damaged/spoiled all
Electricalfixturesonregular basisasand
whendamaged/broken
Lightfixture,Electricalbulbs,bul
k headlights,
fuses,MCB’s,Meters.
3. Regular repairsasandwhendamaged Waterliftingpumpsandaccesso
ries,
Waterlevel controller
Page 169 of 196
4. Attending regular repairs Clearing the blockages in
water closest/sanitary line.
5. Replacementofother fixtures Towel rods/ring, C.P soap
Dispensers, Broken mirrors,
CP paperholders
6. Replacementofpipesdamages/ Broken All exposed GI, soil pipes,
PVC pipes.
7. Replacement of RO unit
VI. Maintenance of Records
TheConcessionaireshall maintainall therecordsof:
a. Thebillspaid toserviceproviderslikewater andpowersupplyetc.;
b. RecordonnumberofUsers using theJan Suvidha Kendra;
c. ASuggestionBookfor theUsers; and,
d. The Concessionaire shall maintain proper books of accounts of the advertisements displayed
from time to time submit details of the same at time of making payment of advertisement
tax and produce the relevant books of accounts, as and when specifically required by the
Authority.
Thetoiletunitshouldbekeptodourfreebycarryingoutthefollowing activities:
a. Timely cleaning of all the sanitary fixtures by the management staff;
b. Use of air fresheners in the WC and the urinal area;
c. Use of exhaust fans in all passages and corridor of the Jan Suvidha Kendra;
d. Design of the Jan Suvidha Kendra will provide for maximum natural ventilation and lighting;
and,
Page 170 of 196
e. Greening and landscaping around the Jan Suvidha Kendra and the adjacent walls to
discourage the misuse of its surroundings and improve ambience.
The toilet block mustbekeptdryatall timesinthefollowingmanner:
a. The sanitaryfixturewillbedryatalltimessoastogivethesamequalitytoall customers.
b. Theseatfor theEWCwill bekept dry.
c. Allthefixtureswillbekeptcleanatalltimessoastogiveeverycustomerthe
samequalityofcleanlinessofthefacility.
d. Periodicflushingoftheurinal,andperiodiccleaningbythestaffusingstandard
cleaningagentsandprocedures.
e. Periodiccleaning of theWC’sbythestaff using standard cleaningagents and procedure.
Public convenience will be provided with good quality consumables, including the following:
a. Theliquidsoap/soapcakesofstandardqualityandmake,whichwillbeprovidedin thewashbasins;
b. The publicconvenience rollswill beofstandardqualityand make; and,
c. Thequalityofhanddriersaremaintainedinproperconditionforthecustomer’s usage.
Theconsumablestobeavailableatalltimesandwillbereplacedassoonasrequired. To facilitate
this,enoughstockofthe consumablesforatleasta weekwillbemade availableatall times.Thiswill
include:
a. Replacementofall consumablesasandwhen required.
b. Repair any defective fixture before next use and all replacement shall be of original
specifications anddesign.
c. Providecleananddryconsumablesfor eachcustomer.
d. TheConcessionaireshallhavekeptandmaintainatthepublicconveniencean inspection
cardcontaining thefollowingdetails:
No PARAMETERS YES N
O
N
A
I CATEGORYA
1 Watersupply
2 Electricity
3 DrinkingWater
Page 171 of 196
II CATEGORY –B
1 Toilet Block - Interior;Odourfree
2 Flooring; Dry&Clean
3 Consumables: Adherence toquality
recommended
4 Exhaust fans& automatic anddriers
5 Advertisement - adherence tostandards
6 Consumables: Stockasperstandards
7 Dresscode/ Uniform –Adherencetostandards
8 Availabilityofcleaningequipments
9 Bookkeeping- SuggestionBook&complaint
Register
III CATEGORY –C
1 Walls; Dry&Clean
2 WashbasinDry&Clean
3 Litterbins;Clean
4 Windows;Clean
5 Door;Clean
6 Glass(Windows&ventilators); Clean
7 Mirror; Clean
8 Waitingarea;Clean
9 Litterbinclean
10 LandscapingMaintenance
11 External buildingSurface Clean
12 SurroundingsClean
13 Ticketsformat - adherence tostandards
14 Bookkeeping- Consumablesstock
15 Behaviourofstaff
16 Communication
Page 172 of 196
SCHEDULE– II
FORMAT OF PERFORMANCE SECURITY
(BankGuarantee)
PERFORMANCEBANKGUARANTEE OFCONCESSIONAIRE
Bank Guarantee No.: Dated:
IssuerofBankGuarantee:
Name of the Bank
____________
____________
(hereinafter referred to as the “Bank”)
BeneficiaryofBank Guarantee:
Executive Engineer, Public Works Division,Solapur
NatureofBankGuarantee:
Unconditional andirrevocableBankGuarantee.
ContextofBankGuarantee
Performance during Concession Period in respect of draft Agreementto be executed amongst the Executive
Engineer, Public Works Division,Solapur(“hereinafterreferredtoastheAuthority), and(hereinafter referred to
as the “Concessionaire”)fortheProjecttitled “Design, Build, Finance, Construction, Development,
Implementation, Operation and Maintenance of the Jan Suvidha Kendra, atKARAMBA,TAL-
NORTH SOLAPUR,DIST-SOLAPUR, Maharashtra”(hereinafterreferredto
asthe“Project”),providedhowever,suchcontextoftheBank Guaranteeorreference totheAgreementin
thisBankGuarantee shallinnomannerbe relieduponatanystage toadverselyaffectordilutetheunconditional
andirrevocable natureofthisBankGuarantee.Thetitleofthis Guaranteei.e.“PerformanceSecurity”
shallinnomannerandatnostagebe reliedupontoadverselyaffectordilutethe unconditional
andirrevocablenatureofthisBankGuarantee. TheContractofBank
GuaranteeisanindependentContractbetweentheBankandExecutive Engineer, Public Works
Division,Solapurandisnotdependentuponexecutionorperformance ofany Agreement amongst Executive
Engineer, Public Works Division,Solapurand __________________________________
(nameoftheConcessionaire).
Operativepart of theBank Guarantee:
1. At the request of the Concessionaire, we __________,
(nameandaddressofthebank),hereinafterreferredto asthe “Bank”),do hereby unconditionally
andirrevocably affirm andundertakethatwearetheGuarantorandareresponsibletotheExecutive
Engineer, Public Works Division,Solapuri.e.thebeneficiaryonbehalfoftheConcessionaire,uptoa
totalsumofRs.____________________________(Rupees_____________________________only),s
uch sumbeingpayablebyusto(shortform oftheULB_____________________), immediately
uponreceiptoffirstwrittendemandfromtheExecutive Engineer, Public Works ________ Division,
Page 173 of 196
________
2. We unconditionally and irrevocably undertake to pay to the Executive Engineer, Public Works
Division,Solapur demand from and without any cavil or argument or delaying tactics or reference by
us to Concessionaire and without any need for the Executive Engineer, Public Works
Division,Solapurto convey to us any reasons for invocation of the Guarantee or to prove the failure
to perform on the part of the Concessionaire or to show grounds or reasons for the demand or the
sum specified therein, the entire sum or sums within the limits of Rs. ______________________
(Rupees ________________________________ Only).
3. We hereby waive the necessity of the Executive Engineer, Public Works Division,Solapurdemanding
the said amount from Concessionaire prior to serving the Demand Notice upon us.
4. We further agree and affirm that no change or addition to or other modification to the terms of the
Agreement, shall in any way release us from any liability under this unconditional and irrevocable
Guarantee and we hereby waive notice of any such change, addition or modification. We further
agree with the Executive Engineer, Public Works Division,Solapur, that the shall be the sole and
the exclusive judge to determine that whether or not any sum or sums are due and payable to him
by Concessionaire, which are recoverable by the ( ), by invocation of this Guarantee.
5. This Guarantee will not be discharged due to the change in constitution of the Bank or the
Concessionaire. We undertake not to withdraw or revoke this Guarantee during its currency/
validity period, except with the previous written consent of the______________________.
6. We unconditionally and irrevocably undertake to pay to the_____________ , any amount so
demanded not exceeding Rs. _______________ (Rupees __________________________ only)
notwithstanding any dispute or disputes raised by Concessionaire or anyone else in any suit or
proceedings before any dispute review expert, arbitrator, court, tribunal or other authority, our
liability under this Guarantee being absolute, unconditional and unequivocal. The payment so made
by us under this Guarantee to the______________, shall be a valid discharge of our liability for
payment under this Guarantee and the Concessionaire shall be a valid discharge of our liability for
payment under this Guarantee and the Concessionaire shall have no claim against us for making
such payment.
7. This unconditional and irrevocable Guarantee shall remain in full force and effect andshall remain
valid until ___________. This Bank guarantee shall be payable at city of the Public Works
Division,Solapur, at ____________ branch of the bank ____________________
Notwithstandinganythingcontained herein:
1. OurliabilityunderthisBankGuaranteeshallnotexceedIndianRs.__________________(Rupees_______
__________________________only).
2. This unconditional and irrevocable Bank Guarantee shall be valid w.e.f. to ____________.
3. We areliabletopay theguaranteedamountoranypartthereofunderthis
unconditionalandirrevocableBankGuaranteeonlyandonlyifthe Executive Engineer, PW.________
Division servesuponusawrittenclaimordemandonor before ______________.
Authorized Signatory for Bank
Page 174 of 196
SCHEDULE–III
CALCULATION METHOD FOR PREMIUM
Premium shall be calculated for as per following method:
This example is for illustration purpose, one should run financial model for the calculation.
Sr. No. Particulars Unit Amount
1. Ready Reckoner rate of the land area as per IGR
Calculations
Rs. 273,575
2. Multiplier for Land valuation 5
3. Market value of land (Sr. No. 1 X Sr. No. 2) 13,67,875
4. Rental income % in the area
(This may vary from place to place according to location
of the land)
8%
5. Annual premium for year 1 (Sr. 3 X Sr. 4) 1,09,430
6. Rate of interest considered for calculating present value
of rent
12%
7. Present value of rent calculated as Table P-1
Table P-1
Year Period Rent Increase for the year
IRR % NPV
From To
1 01-06-17 31-05-18 109430 0% 12% 97705
2 01-06-18 31-05-19 120373
10% 12% 95961
3 01-06-19 31-05-20 132410
10% 12% 94247
4 01-06-20 31-05-21 145651
10% 12% 92564
5 01-06-21 31-05-22 160216
10% 12% 90911
6 01-06-22 31-05-23 176238
10% 12% 89288
7 01-06-23 31-05-24 193862
10% 12% 87693
8 01-06-24 31-05-25 213248
10% 12% 86127
9 01-06-25 31-05-26 234573
10% 12% 84589
10 01-06-26 31-05-27 258030
10% 12% 83079
11 01-06-27 31-05-28 283833
10% 12% 81595
12 01-06-28 31-05-29 312217
10% 12% 80138
Page 175 of 196
13 01-06-29 31-05-30 343438
10% 12% 78707
14 01-06-30 31-05-31 377782
10% 12% 77302
15 01-06-31 31-05-32 415560
10% 12% 75921
Present Value of
Land Rent 1295828
Working for incremental revenue in case of increase in market value of the property
Table P-2
Yea
r Period
Ready
reckoner
rate at
the
begining
of the
year
Multipli
er
( Land
Aquisiti
on
Value)
Renta
l
Inco
me
(%)
Revise
d
Rental
Incom
e
Original
Rental
income
considere
d for
financial
model
Differen
ce
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
Fro
m To
Rs
1
01-
06-
17
31-
05-
18 1250000
5.00
6,250,00
0 8.00%
500,000 109430 390570
2
01-
06-
18
31-
05-
19 1406250
5.00
7,031,25
0 8.00%
562,500 120373 442127
3
01-
06-
19
31-
05-
20 1582031
5.00
7,910,15
6 8.00%
632,813 132410 500402
4
01-
06-
20
31-
05-
21 1779785
5.00
8,898,92
6 8.00%
711,914 145651 566263
5
01-
06-
21
31-
05-
22 2002258
5.00
10,011,2
92 8.00%
800,903 160216 640687
6
01-
06-
22
31-
05-
23 2252541
5.00
11,262,7
03 8.00%
901,016 176238 724778
7
01-
06-
23
31-
05-
24 2534108
5.00
12,670,5
41 8.00%
1,013,6
43 193862 819781
8
01-
06-
24
31-
05-
25 2850872
5.00
14,254,3
58 8.00%
1,140,3
49 213248 927101
9
01-
06-
25
31-
05-
26 3207231
5.00
16,036,1
53 8.00%
1,282,8
92 234573 1048319
Page 176 of 196
10
01-
06-
26
31-
05-
27 3608134
5.00
18,040,6
72 8.00%
1,443,2
54 258030 1185224
11
01-
06-
27
31-
05-
28 4059151
5.00
20,295,7
56 8.00%
1,623,6
61 283833 1339827
12
01-
06-
28
31-
05-
29 4566545
5.00
22,832,7
26 8.00%
1,826,6
18 312217 1514402
13
01-
06-
29
31-
05-
30 5137363
5.00
25,686,8
17 8.00%
2,054,9
45 343438 1711507
14
01-
06-
30
31-
05-
31 5779534
5.00
28,897,6
69 8.00%
2,311,8
14 377782 1934031
15
01-
06-
31
31-
05-
32 6501975
5.00
32,509,8
77 8.00%
2,600,7
90 415560 2185230
In the above table P-2, department will change the amount in column (4).
Page 177 of 196
SCHEDULE–IV
THE SITE
Sr.
No. District Name of road Location
Available
area of
Land ( Sq.
M)
P.W. Circle Solapur.
1. Solapur NORTH SOLAPUR Solapur Road S.H.
204
KARAMBA 2105.68
Page 178 of 196
SCHEDULE–V
FORMAT OF AUDIT REPORT
Check list and Mark list for Audit
No PARAMETERS Maximum
Marks
Marks
Obtained
I Group A - 101
1 Drinking Water 30
RO In working condition 6
Regular Servicing of RO 6
Cleaning of water storage tank 6
Water glass availability 6
Leakages and cleanliness at Water drinking area 6
2 Toilet Facility 30
Toilet Block - Interior; Odour free 6
Condition of CP Fixture, pipes, washbasin, Mirror 3
Flooring; Dry & Clean 3
Exhaust fans & automatic hand driers 3
Soap Dispenser 3
Availability of cleaning equipment 3
Storage Tank and Water Supply 3
Leakages of Water Tap, plumbing Leakages 3
Cleaning Register 3
3 Parking 10
Parking space availability 3
Parking management 2
Condition of Shed 3
Condition of Pavement, Marking 2
4 Electrification in premises 10
Lighting in Parking area 2
Lighting in Toilets 2
Lighting in Canteen 2
Lighting in Porch 2
Lighting on Advertising Area 2
5 Overall Cleanliness 21
Overall Premises, Odour free 10
Dress code / Uniform for housekeeping staff- Adherence to
standards
5
Dustbin 6
Page 179 of 196
II Group B 99
1 Structure
Status of Fabricated Structures - 20
Advertising Flex, 5
Parking Shed, 5
Entrance Gate, 5
Mobile Tower 5
2 Civil Work 32
External Walls 4
Internal Wall 4
Compound Wall, 4
External Paints 4
Internal Paints 4
Doors, Windows, Shutters, Ventilators 4
Underground Water tank 4
Roof, Ceiling, Tensile structure 4
3 Electrical 12
Overall Internal Electrical Installations 4
Street lights 4
D G Set, inverter, power back up 4
4 Misc 14
Landscaping 3
Children Play area 3
Book keeping - Suggestion Book & complaint register 3
Information and Display Board 3
Behaviour of staff 1
Communication 1
5 Canteen 21
Sufficient Furniture in restaurant 3
Cleanliness in Restaurant area 3
Cleanliness in Kitchen area 3
Licence from Food & Drug Authority 3
Quality of Food 3
Consumables: Stock as per standards 3
Consumables: Adherence to quality recommended 3
III Total Group A + Group B 200
Page 180 of 196
** There shall be a negative marking on event occurring as follows,
Sr. No. Particulars Negative marks
1. Employed any labour not permissible as per Article
10 of this agreement
40 marks
2. Has not taken any of necessary permission as
required as per Article 10 of this agreement
40 marks
3. Has done any activity beyond sanction design/plan,
in contravention with Applicable Laws, the terms
and conditions of this Agreement, the Clearances
and Good Industry Practice.
40 marks
4. Has done construction / development beyond the
land allotted to Concessionaire
40 marks
Page 181 of 196
SCHEDULE – VI
CERTIFICATE BY EXECUTIVE ENGINEER AT TIME OF COMPLETION OF
IMPLEMENTATION
(Format of Certificate to be issued by Executive Engineer as per the Agreement for
Implementation completion of construction work of Jan Suvidha Kendra and
achievement of commercial operation date)
------ On the letter head of the Executive Engineer --------
Date _____
To,
Name and Address of Concessionaire
Sub : Issuance of Implementation completion certificate for Jansuvidha Kendra located at
_________________________
Ref: 1. Work order / LOA issued for said project, by this office no.____ dated ___
2. Your request letter no.____ dated____
3. Report from Deputy Engineer_____ dated _____
Sir,
This is to certify that, work allotted to you for construction / Implementaion of Jansuvidha
Kendra at ____________ has been successfully completed by you. Details of the same are as
follows;
1. Bid Due Date
2. Reference Date for Bid Price
3. Appointed Date
4. Construction Period
5. COD
6. Operations Period
7. Concession Period
8. Concession Period Closure
9. One time Premium paid towards land rent at the time of Bid
10. Amount of Performance Security deposit not to be released
till termination
11. Whether project constructed on allotted land?
12. Is construction as per specification?
(If not, same shall be reported in this letter with a separate
annexure)
13. Whether all services are working?
(If not, same shall be reported in this letter with a separate
annexure)
14. Project Completion cost (Excluding cost as per sr no.
9, Interest during construction if any)
Breakup of the same is as follows
a. Cost of Civil Structure
Page 182 of 196
b. Cost of Furniture
c. Cost of Kitchen Equipments
d. Other structure (if Any)
You may start operations immediately on the receipt of this letter.
Executive Engineer,
Public Works Division No. 2,
Solapur
Page 183 of 196
SCHEDULE – VII
FORMAT FOR WORKING OF PREMIUM PAID
Working for calculation of Premium
At the time of
Bid
Year Period Rent Increase
for the
year
ROI % NPV
From To
1 01-06-17 31-05-18 380016 0% 12% 339300
2 01-06-18 31-05-19 418017 10% 12% 333241
3 01-06-19 31-05-20 459819 10% 12% 327290
4 01-06-20 31-05-21 505801 10% 12% 321446
5 01-06-21 31-05-22 556381 10% 12% 315705
6 01-06-22 31-05-23 612019 10% 12% 310068
7 01-06-23 31-05-24 673221 10% 12% 304531
8 01-06-24 31-05-25 740543 10% 12% 299093
9 01-06-25 31-05-26 814597 10% 12% 293752
10 01-06-26 31-05-27 896057 10% 12% 288506
11 01-06-27 31-05-28 985663 10% 12% 283354
12 01-06-28 31-05-29 1084229 10% 12% 278295
13 01-06-29 31-05-30 1192652 10% 12% 273325
14 01-06-30 31-05-31 1311917 10% 12% 268444
15 01-06-31 31-05-32 1443109 10% 12% 263651
Present Value of
Land Rent 4500000
Page 184 of 196
SCHEDULE – VIII
CONSENT FOR SUB LETTING
-------- on the letter head of Executive Engineer ------------
To,
Name and Address of Concessionaire
Sub: Issuance of No Objection certificate for sub letting of unit no. ___ at Jansuvidha Kendra
located at _________________________
Ref: 1. LOA issued for said project, by this office no.____ dated ___
2. Your request letter no.____ dated ____
Sir,
With reference to your request letter for obtaining permission of sub letting of unit no. ___ at
Jansuvidha Kendra located at _________________________, this office is issuing you the No
Objection certificate, credentials of the same are as follows,
Name of tenant
Status of Tenant Individual / Partnership Firm
Communication address
Permanent Address
Contact Person
Contact Number
Email Id
Name of Business activity
Business activity
Number of labour / staff employed at the unit
Female staff employed
Business hours
Period of agreement From ----------- to ------------
You may please note that, period of agreement mentioned above shall be ending with earliest
of following,
a. Termination date of the project ( if any)
b. Concession Period Closure
c. End of agreement date as per your agreement with your tenant.
In case of any event prior to end of your agreement with your tenant, where you are required
to hand over the project to the department, the tenant is required to vacate the premises
allotted to him without any claim.
Page 185 of 196
SCHEDULE – IX
FORMAT FOR AGREEMENT COMPLETION CERTIFICATE
------ On the letter head of the Executive Engineer --------
Date _____
To,
Name and Address of Concessionaire
Sub : Issuance of agreement completion certificate for Jansuvidha Kendra located at
_________________________
Ref: 1. Work order / LOA issued for said project, by this office no.____ dated ___
2. Your request letter no.____ dated____
3. Report from Deputy Engineer_____ dated _____
4. Implementation completion certificate issued by this office no. __ dated ____
Sir,
This is to certify that, work allotted to you for construction / Implementation of Jansuvidha
Kendra at ____________ has been successfully completed by you and Concession / agreement
/ operation period for the same has been completed.
Details of the same are as follows;
1. Bid Due Date
2. Reference Date for Bid Price
3. Appointed Date
4. Construction Period
5. COD
6. Operations Period
7. Concession Period
8. Concession Period Closure
9. One time Premium paid towards land rent at the time of Bid
10. Details of structure and furniture handed over to authority
has been annexed herewith as separate annexure along with
photographs
This certificate has been issued in accordance with the Concession Agreement dated
_____________________________
For,
Executive Engineer,
Public Works Division,Solapur
Authorised representative of Concessionaire
_________.
Page 186 of 196
SCHEDULE – X
FINANCIAL MODEL AND VARIOUS FORMATS FOR CALCULATION OF
TERMINATION PAYMENT
Page 187 of 196
SCHEDULE – XI
PROVISIONAL COMPLETION CERTIFICATE
(Format of Certificate to be issued by Executive Engineer as per the Agreement for
Provisional Completion of construction work of Jan Suvidha Kendra)
------ On the letter head of the Executive Engineer --------
Date _____
To,
Name and Address of Concessionaire
Sub : Issuance of Provisional Completion Certificate for Jansuvidha Kendra located at
_________________________
Ref: 1. LOA issued for said project, by this office no.____ dated ___
2. Your request letter no.____ dated____
3. Report from Deputy Engineer_____ dated _____
Sir,
This is to certify that, work allotted to you for construction / Implementation of Jansuvidha
Kendra at ____________ has been successfully completed by you. Details of the same are as
follows;
1. Bid Due Date
2. Reference Date for Bid Price
3. Appointed Date
4. Construction Period
5. COD
6. Operations Period
7. Concession Period
8. Concession Period Closure
9. One time Premium paid towards land rent at the time of Bid
10. Amount of Performance Security deposit not to be released
till termination
11. Whether project constructed on allotted land?
12. Is construction as per specification?
(If not, same shall be reported in this letter with a separate
annexure)
13. Whether all services are working?
(If not, same shall be reported in this letter with a separate
annexure)
14. Project Completion cost (Excluding cost as per sr no.
9, Interest during construction if any)
Breakup of the same is as follows
Page 188 of 196
d. Cost of Civil Structure
e. Cost of Furniture
f. Cost of Kitchen Equipments
g. Other structure (if Any)
You may start operations immediately on the receipt of this letter, subject to completion of the
punch list items and the terms and conditions of the Concession Agreement dated
__________________________
Executive Engineer,
Public Works Division, Solapur,
Page 189 of 196
SCHEDULE – XII
LAND LICENCE AGREEMENT
THIS LAND LICENCE AGREEMENT (the “Agreement”) is entered into on this the
________________ day of _______________________ at ____________________________
BETWEEN
PARTIES:
THE GOVERNOR OF MAHARASHTRA, through the Executive Engineer, Public Works
Division,Solapur, (hereinafter referred to as the “Licensor”)
whichexpressionshall,unlessthecontext otherwise requires,includeitsadministrators,
successorsandassigns)of theONEPART;
AND
___________________________________ LIMITED,acompanywithin the meaning of
the Companies Act, 2013 with Corporate Identification Number (C.I.N.)
__________________________ andhavingitsregistered office at
_______________________________________________________ (hereinafter referred to as
the “Licensee” which
expressionshall,unlessthecontextotherwiserequires,includeitssuccessorsandpermittedassigns)ofthe
OTHERPART.
The Licensor and the Licensee are hereinafter, collectively referred to as, the “Parties” and
each, individually as a “Party”.
WHEREAS
(A) The Licensor and the Licensee have entered into a Concession Agreement dated
_____________________ (the “Concession Agreement”) whereunder the Licensee
has agreed to “DESIGN, BUILD, FINANCE, CONSTRUCTION, DEVELOPMENT,
IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE JAN SUVIDHA
KENDRA, AT __________, MAHARASHTRA” (“Project”).
(B) The Licensor is the owner of the land (along with the buildings, constructions or
immovable assets thereon) at _______________________, Maharashtra as described
and delineated in the Annex-I hereunder (the “Site”) and now desires to grant leave
and licence rights in respect of all the Site to the Licensee and the Licensee desires to
take on leave and licence basis from the Licensor, the Site for the purposes of
undertaking the Project as per the terms and conditions of the Concession Agreement.
NOW THEREFORE, in consideration of the promises and covenants herein set forth and for
other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are
hereby acknowledged, the Parties mutually agree as hereunder.
Page 190 of 196
1. Definitions and Interpretation
1.1 Definitions
In this Land Licence Agreement, the following words and expressions shall unless
repugnant to the context or meaning thereof, have the meaning hereinafter
respectively assigned to them:
“Applicable Permits” means all clearances, permits, authorizations, consents and
approvals required to be obtained or maintained under applicable laws in connection
with the Site and the Project during the subsistence of the Land Licence Agreement;
“Encumbrance” means any encumbrance such as an easement, right of way, licence,
mortgage, charge, pledge, lien, hypothecation, pre-emptive right or security interest,
assignment, privilege or priority of any kind having the effect of security or other such
obligations, whether or not registered and howsoever arising, including by statute or
common law;
“Licence Fees” shall have the meaning as ascribed to it in the Concession Agreement;
“Site” shall have the meaning set forth in Recital (B); and
“Term” shall have the meaning set forth in Clause 3.
1.2 Interpretations
In this Land Licence Agreement, except to the extent that the context requires
otherwise:
(a) the Recitals and the Annexes to this Land Licence Agreement form integral part
of this Land Licence Agreement and will be of full force and effect as though they
are expressly set out in the body of this Land Licence Agreement;
(b) The terms of this Land Licence Agreement should be read in consonance with
and not in derogation with the terms of the Concession Agreement;
(c) the rules of interpretation in Clauses 1.2, 1.3, 1.4 and 1.5 of the Concession
Agreement shall apply, mutatis mutandis, to this Land Licence Agreement; and
(d) the words and expressions beginning with capital letters and defined in this Land
Licence Agreement shall have the meaning ascribed thereto herein, and the
words and expressions used in this Land Licence Agreement and not defined
herein but defined in the Concession Agreement shall, unless repugnant to the
context, have the meaning ascribed thereto in the Concession Agreement.
2. Grant of Licence and possession
2.1 The provisions of this Land Licence Agreement shall take effect and become binding on
the Parties on the date first above written (“Effective Date”).
2.2 In consideration of the Licence Fee and the obligations, undertakings, covenants and
warranties of the Licensee under the Concession Agreement, the Licensor grants on
Page 191 of 196
leave and licence basis to the Licensee and the Licensee hereby accepts the said leave
and licence from the Licensor, on an ‘as is where is’ basis, free from Encumbrances, of
all that piece and parcel of the Site as more particularly described and identified in
Annex-I hereto to develop, operate and maintain the Site, together with all and
singular rights, liberties, privileges, easements, benefits, rights of way, paths, passages
whatsoever in or appurtenant to the Site or any part thereof, and to hold, possess, use
and enjoy the Site and / or any part thereof, in accordance with the provisions of this
Land Licence Agreement, solely for the purposes of the Project in accordance with the
provisions of the Concession Agreement.
2.3 It is expressly agreed and understood by the Licensee that this is a bare license and
nothing herein contained shall ever be construed to create any interest, right of
tenancy, sub – tenancy, leases or sub – leases in favour of the Licensee and the
juridical possession of the Site shall at all times remain vested with the Licensor and the
Licensee shall at no time claim any right, title or interest, whether as tenant, sub –
tenant or any other similar status, in the Site or any part thereof.
3. Term
The Licence granted in pursuance of this Land Licence Agreement shall be for the
period upto the Transfer Date or earlier termination in terms of the Concession
Agreement (the “Term”).
4. Licence Fee
The Licensee shall pay the Licence Fees in accordance with the provisions of the
Concession Agreement.
5. Use of Site
5.1 During the Term of this Land Licence Agreement, the Licensee agrees to use the Site
only for the carrying out the Project in accordance with the Concession Agreement.
5.2 The Parties agree that the Licensee may, with the approval of the Licensor, and in
addition to the above stated purposes, utilise the Site for any other purpose(s), which
in the Licensee’s opinion is:
(a) conducive or incidental to operation and management of the Project;
(b) enhances the efficiency of the Project;
(c) improves the commercial viability of the Project; and/or
(d) Facilitates further investment in and around the Site.
5.3 The Land Licence Agreement shall be co-terminus with the Concession Agreement.
Upon termination, of the Concession Agreement, possession of the Site shall be handed
over to the Licensor in terms of the Concession Agreement.
6. Licensee’s obligations and covenants
Licensee hereby covenants, agrees and represents that:
Page 192 of 196
(a) upon execution of this Land Licence Agreement and subject to the terms
thereof, the Licensee shall accept the Site in the condition it is handed over and
undertakes to use the same only for the purposes as enlisted in Clause 5 of this
Land Licence Agreement;
(b) this Land Licence Agreement has been duly authorized, executed, and delivered
by the Licensee after fulfilling all legal formalities and constitutes its legal, valid
and binding obligation;
(c) during the Term of the Land Licence Agreement, the Licensee shall pay the
Licence Fee in accordance with terms and conditions set out in this the
Concession Agreement and shall observe and fulfil each of its obligations and
covenants set forth herein;
(d) during the Term of the Land Licence Agreement, the Licensee shall undertake
the development of the Site, and other works which in the reasonable opinion
of the Licensee would be required for and in relation to the Project, and obtain
necessary approvals/clearances from the appropriate authorities for the same;
(e) at its own cost and expense, the Licensee shall obtain all utilities such as water,
electricity and from the appropriate authorities;
(f) it shall obtain and keep current all Applicable Permits that may be required
under the applicable laws;
(g) it shall pay all taxes, service tax, cesses, assessments and levies in respect of
the Site, which are leviable at any time during the Term of the Land Licence
Agreement;
(h) it shall not create any lien, charge or Encumbrance on the Site, except as
permitted in this Land Licence Agreement, without prior approval of the
Licensor;
(i) it shall, indemnify the Licensor in respect of any charges, deposits and other
monies levied by third parties for and in relation to the provision by such third
parties to the Licensee of water, electricity, telephone, communication and
other facilities and in relation to any and all third party claims made with
respect to the Site;
(j) it shall (i) keep and maintain the Site and the buildings and structures thereon
in good and habitable condition at all times, (ii) provide office space for about
10 officials/staff in the administrative building for the purpose of maintenance
monitoring office by the Licensor and (iii) shall ensure that the Site shall be free
from encroachments at all times and to the extent that there occur any
encroachments on the Site, it shall make diligent efforts to remove such
encroachments from the Site, as soon as practicable;
(k) it shall take all necessary care to keep the premises neat and clean and in
sanitary conditions consistent with the environment and cleanliness of a world
class facility; and
Page 193 of 196
(l) it shall, after expiry or termination of the Land Licence Agreement, forthwith
hand over possession of the Site to the Licensor.
7. Stamp duty and registration charges
Subject to the exemption or waiver, if any, granted by the Licensor or any other
authority, the Parties agree that all stamp duties and registration charges payable in
respect of the Licence contemplated herein shall be to the account of and borne by the
Licensee.
8. Indemnities and limitation of liability
The Licensee shall fully indemnify, defend and hold harmless the Licensor, its officers,
servants, agents, against any and all suits, proceedings, actions, demands, claims and
liabilities, which may be incurred or suffered by the Licensor and which may arise out of
or as a result of any of the following causes:
(a) any breach by the Licensee of any of its obligations, covenants, agreements,
representations or warranties set forth in this Land Licence Agreement;
(b) any loss of property, damage to property, personal injury or death occasioned
to or suffered by any person, to the extent that the damage to or loss of
property or the personal injury or death is caused willfully or negligently by the
Licensee; and
(c) Any breach, violation or non-compliance by the Licensee of any applicable laws
and/or Applicable Permits.
9. Assignment
The Licensee shall not, without the Licensor’s prior written consent, transfer, assign, or
grant any form of security over any of its rights or obligations under this Land Licence
Agreement.
10. Governing and Jurisdiction
The provisions of the Governing Law and Jurisdiction clause as set out in the
Concession Agreement shall be deemed to have been incorporated in this Land Licence
Agreement and shall mutatis mutandis apply to this Land Licence Agreement.
11. Dispute Resolution
The provisions of the Dispute Resolution clauseas set out in the Concession Agreement
shall be deemed to have been incorporated in this Land Licence Agreement and shall
mutatis mutandis apply to this Land Licence Agreement.
12. General Provisions
12.1 Entire Agreement
The Concession Agreement and this Land Licence Agreement together with the
Annexes, constitutes the entire agreement between the Parties with respect to the
Page 194 of 196
subject matter and the transaction envisaged in this Land Licence Agreement. The
terms, conditions and provisions of this Land Licence Agreement shall be subject to and
subservient to the provisions of the Concession Agreement at all times and in the event
of any inconsistency between the provisions of the Concession Agreement and the Land
Licence Agreement, the Parties agree that the terms, conditions, provisions and
requirements of the Concession Agreement shall prevail.
12.2 Waiver
12.2.1 Waiver, including partial or conditional waiver, by either Party of any default by the
other Party in the observance and performance of any provision of or obligations under
this Land Licence Agreement:
(a) shall not operate or be construed as a waiver of any other or subsequent
default hereof or of other provisions of or obligations under this Land Licence
Agreement;
(b) shall not be effective unless it is in writing and executed by a duly authorised
representative of the Party; and
(c) Shall not affect the validity or enforceability of this Land Licence Agreement in
any manner.
12.2.2 Neither the failure by either Party to insist on any occasion upon the performance of the
terms, conditions and provisions of this Land Licence Agreement or any obligation there
under nor time or other indulgence granted by a Party to the other Party shall be
treated or deemed as waiver of such breach or acceptance of any variation or the
relinquishment of any such right hereunder.
12.3 Severability
If for any reason whatever, any provision of this Land Licence 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 will negotiate in good faith with a view to agreeing to one or more provisions
which may be substituted for such invalid, unenforceable or illegal provisions, as nearly
as is practicable to such invalid, illegal or unenforceable provision. Failure to agree upon
any such provisions shall not be subject to the Dispute Resolution Procedure set forth
under this Land Licence Agreement or otherwise.
12.4 Specific Performance
In the event of default or breach in performance of obligations by any Party, the Party
not in default or breach shall be entitled, without prejudice to its other rights and
remedies, to seek and enforce specific performance of this Land Licence Agreement.
12.5 Expenses
Each Party shall pay its own costs and expenses (including, without limitation, the fees
and expenses of its agents, authorised representatives, advisors, counsel and
Page 195 of 196
accountants) necessary for the negotiation, preparation, execution, delivery,
performance of and compliance with this Land Licence Agreement.
13. Notices
The provisions of the Notice clauseas set out in the Concession Agreement shall be
deemed to have been incorporated in this Land Licence Agreement and shall mutatis
mutandis apply to this Land Licence Agreement.
ANNEX - I
Description of the Site at KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR,
Maharashtra
All that piece and parcel of the land admeasuring 2500sq mtrs including the buildings,
structures and works thereon located at KARAMBA,TAL-NORTH SOLAPUR,DIST-SOLAPUR,
Maharashtra bearing Survey No. 425 in the Registration District of Solapur with the following
delineation:
Bounded by:
North: Irrigation Colony
South: Grampanchayat Land
East: Open land of Market Yard.
West:NORTH SOLAPUR Solapur Road S.H. 204
Page 196 of 196
IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED AND DELIVERED THIS LAND
LICENCE AGREEMENT AS OF THE DAY, MONTH AND YEAR FIRST ABOVE WRITTEN.
SIGNED, SEALED AND DELIVERED for and on
behalf of the GOVERNOR OF
MAHARASHTRA, by the Executive Engineer,
Public Works Division ________
Witnesses:
1.
2.
SIGNED, SEALED AND DELIVERED by the within
named CONCESSIONAIRE,
____________________________
LIMITED, by the hand of
________________________________, its
authorized signatory in whose presence the
Common Seal of
________________________ LIMITED
has been affixed hereto pursuant to the
resolution passed by its board of directors on
________________________________.
Witnesses:
1.
2
Working for calculation of rent
Year Rent ROI % NPV
From To1 01-06-2017 31-05-2018 109430 0% 12% 977052 01-06-2018 31-05-2019 120373 10% 12% 959613 01-06-2019 31-05-2020 132410 10% 12% 942474 01-06-2020 31-05-2021 145651 10% 12% 925645 01-06-2021 31-05-2022 160216 10% 12% 909116 01-06-2022 31-05-2023 176238 10% 12% 892887 01-06-2023 31-05-2024 193862 10% 12% 876938 01-06-2024 31-05-2025 213248 10% 12% 861279 01-06-2025 31-05-2026 234573 10% 12% 84589
10 01-06-2026 31-05-2027 258030 10% 12% 8307911 01-06-2027 31-05-2028 283833 10% 12% 8159512 01-06-2028 31-05-2029 312217 10% 12% 8013813 01-06-2029 31-05-2030 343438 10% 12% 7870714 01-06-2030 31-05-2031 377782 10% 12% 7730215 01-06-2031 31-05-2032 415560 10% 12% 75921
Present Value of Land Rent 1295828
PeriodIncrease for the
year
Project - Construction of JanSuvidha Kendra at Karamba
Location - Karamba
Page 1 of 1
Project Specific Assumptions
Location - Karamba
Project - Construction of JanSuvidha Kendra at Karamba
Ready Reckoner rate for the land for the project as on date 273575Multiplier for Market Value ( Land Aquisition Value) 5.00Market Value of the Land as on date ( Land Aquisition Value) 1367875Rent for year 1 % 8%Rent for year 1 Rs 109430
Page 1 of 1
********** Instructions for use of this financial model **********
1 Fields marked with green color are required to be filled up.
2 Multiplier for land acquisition value of property is calculated as follows;
d. After this, collector has an option to increase this value by 25% in case of negotiation.
Therefore in this model, ready reckoner value is taken as base for calculation.
a. Average of rate as per sale deed executed for surrounding area is taken for last 3 years.
Then average of top 50% of deeds is calculated and compared with average of ready
reckoner rate for last 3 years for that area. Maximum of both is taken for valuation as base
value.
b. The base value is multiplied by 2 (multiplier 2 is for village area and majority of land
available with PWD and offered for Jansuvidha Kendra are in village area only) and cost of
structure in the land premises is added.
c. Value calculated as per point b above is again multiplied by 2 to arrive at Land
acquisition cost.
Page 1 of 30
Project Specific Assumptions
Area of Building Sq. Mtr. 400
Per Sqm cost INR 47000
Cost of construction INR ( Lacs) 188.00
Estimated one time premium for Land INR ( Lacs) 12.96
Total Investment INR ( Lacs) 200.96
Bid Due Date Date 31/08/2016
Reference Date for Bid Price Date 30/08/2016
Appointed Date Date 01/12/2016
Construction Period Months 6.00
COD Date 01/06/2017
Operations Period Years 15.00
Concession Period Years 15.5
Concession Period Closure Date 31/05/2032
Financial Assumptions
Tenure of Term Loan Years 8.0
Interest Rate assumed %age 12.00%
Financing Charges %age of debt mobilised2%
Debt %age 70.0%
Equity %age 30.0%
Moratorium Period Years 0.5
Repayment Start date Date 1-Dec-17
Repayment End Date Date 1-Dec-25
Depreciation Rate - SLM 6.67%
Income Tax Rate 30.9%
Ready Reckoner rate for the land for the project as on date 273575
Multiplier for Market Value ( Land Aquisition Value) 5.00
Market Value of the Land as on date ( Land Aquisition Value) 1367875
Rent for year 1 % 8%
Rent for year 1 Rs 109430
Location - Karamba
Project - Construction of JanSuvidha Kendra at Karamba
Page 2 of 30
Project Specific Assumptions
Location - Karamba
Project - Construction of JanSuvidha Kendra at Karamba
Area Break up
Total Built up area Sq mtr 500
Area for Toilet Sq mtr
Area for Parking Sq mtr
Area for Canteen Sq mtr 120
Area for Shops Sq mtr 500
Open area Sq mtr
Out of above, area which can be offered for rent Sq mtr 620
Expected rent per sq. Mtr. Per month for Canteen Rs 30
Expected rent Per month for Canteen 3600
Expected rent per sq. Mtr. Per month for Shops Rs 25
Expected rent Per month for Shops Rs 12500
Monthly rent received from Leasing of premises 16100
Annnual Increase in Rent - leased out premises 15%
Area available for advertisment
Front area - Flex advertising Sq ft 320
Front area - Flex advertising Rate per square ft Rs/Sq ft 350
Left side area - Flex advertising Sq ft 400
Left side area - Flex advertising Rate per square ft Rs/Sq ft 262.5
Right side area - Flex advertising Sq ft 400
Right side area - Flex advertising Rate per square ft Rs/Sq ft 262.5
Back side area - Flex advertising Sq ft 320
Back side area - Flex advertising Rate per square ft Rs/Sq ft 87.5
Total Rent per month from Flex Advertising 350000
Totla monhtly rental income 366100
Monthly Expenses
Water bill Rs/Month 2000
Housekeeping Expenses Rs/Month 10000
Salary Rs/Month 12000
Electricity Expenses Rs/Month 0
Any Other Expenses Rs/Month
Page 3 of 30
Project Specific Assumptions
Location - Karamba
Project - Construction of JanSuvidha Kendra at Karamba
Municipal Taxes Rs/year 10000
Annual Increase in Expenses 10%
Annual Increase in Rent - payable to department 10%
Page 4 of 30
Working for calculation of rent
Year Rent ROI % NPV
From To
1 01/06/2017 31/05/2018 109430 0% 12% 97705
2 01/06/2018 31/05/2019 120373 10% 12% 95961
3 01/06/2019 31/05/2020 132410 10% 12% 94247
4 01/06/2020 31/05/2021 145651 10% 12% 92564
5 01/06/2021 31/05/2022 160216 10% 12% 90911
6 01/06/2022 31/05/2023 176238 10% 12% 89288
7 01/06/2023 31/05/2024 193862 10% 12% 87693
8 01/06/2024 31/05/2025 213248 10% 12% 86127
9 01/06/2025 31/05/2026 234573 10% 12% 84589
10 01/06/2026 31/05/2027 258030 10% 12% 83079
11 01/06/2027 31/05/2028 283833 10% 12% 81595
12 01/06/2028 31/05/2029 312217 10% 12% 80138
13 01/06/2029 31/05/2030 343438 10% 12% 78707
14 01/06/2030 31/05/2031 377782 10% 12% 77302
15 01/06/2031 31/05/2032 415560 10% 12% 75921
Present Value of Land Rent 1295828
PeriodIncrease
for the
year
Project - Construction of JanSuvidha Kendra at Karamba
Location - Karamba
Page 5 of 30
Working for increamental revenue in case of increase in market value of the property
Year
Ready reckoner rate
at the begining of the
year
Multiplier
( Land
Aquisition
Value)
Rental
Income
(%)
Revised
Rental
Income
Original Rental
income considered
for financial model
Difference
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
From To Rs
1 01/06/2017 31/05/2018 1250000 5.00 6,250,000 8.00% 500,000 109430 390570
2 01/06/2018 31/05/2019 1406250 5.00 7,031,250 8.00% 562,500 120373 442127
3 01/06/2019 31/05/2020 1582031 5.00 7,910,156 8.00% 632,813 132410 500402
4 01/06/2020 31/05/2021 1779785 5.00 8,898,926 8.00% 711,914 145651 566263
5 01/06/2021 31/05/2022 2002258 5.00 10,011,292 8.00% 800,903 160216 640687
6 01/06/2022 31/05/2023 2252541 5.00 11,262,703 8.00% 901,016 176238 724778
7 01/06/2023 31/05/2024 2534108 5.00 12,670,541 8.00% 1,013,643 193862 819781
8 01/06/2024 31/05/2025 2850872 5.00 14,254,358 8.00% 1,140,349 213248 927101
9 01/06/2025 31/05/2026 3207231 5.00 16,036,153 8.00% 1,282,892 234573 1048319
10 01/06/2026 31/05/2027 3608134 5.00 18,040,672 8.00% 1,443,254 258030 1185224
11 01/06/2027 31/05/2028 4059151 5.00 20,295,756 8.00% 1,623,661 283833 1339827
12 01/06/2028 31/05/2029 4566545 5.00 22,832,726 8.00% 1,826,618 312217 1514402
13 01/06/2029 31/05/2030 5137363 5.00 25,686,817 8.00% 2,054,945 343438 1711507
14 01/06/2030 31/05/2031 5779534 5.00 28,897,669 8.00% 2,311,814 377782 1934031
15 01/06/2031 31/05/2032 6501975 5.00 32,509,877 8.00% 2,600,790 415560 2185230
Period
Project - Construction of JanSuvidha Kendra at Karamba
Location - Karamba
Page 6 of 30
Financial Year
Start Date 1-Dec-16 1-Mar-17 1-Mar-18 1-Mar-19 1-Mar-20 1-Mar-21 1-Mar-22 1-Mar-23
End Date 28-Feb-17 28-Feb-18 28-Feb-19 29-Feb-20 28-Feb-21 28-Feb-22 28-Feb-23 29-Feb-24
Construction Days 90
Operation Days 365 365 366 365 365 365 366
Operation year 0.00 1.00 2.00 3.00 4.00 5.00 6.00 7.00
Figures are in Rs. Lacs
Profit & Loss Statement
Operating Revenues
Rent from Shops 1.50 1.73 1.98 2.28 2.62 3.02 3.47
Rent from Canteen 0.43 0.50 0.57 0.66 0.76 0.87 1.00
Rent from Flex 42.00 48.30 55.55 63.88 73.46 84.48 97.15
Total Revenues - 43.93 50.52 58.10 66.82 76.84 88.36 101.62
Operating Expenses
Water bill 0.24 0.26 0.29 0.32 0.35 0.39 0.43
Housekeeping Expenses 1.20 1.32 1.45 1.60 1.76 1.93 2.13
Salary 1.44 1.58 1.74 1.92 2.11 2.32 2.55
Electricity Expenses - - - - - - -
Any Other Expenses - - - - - - -
Municipal Taxes 0.10 0.11 0.12 0.13 0.15 0.16 0.18
Increamental Premium for Land 3.91 4.42 5.00 5.66 6.41 7.25 8.20
Total O&M Expenses - 6.89 7.70 8.61 9.63 10.77 12.05 13.48
EBITDA - 37.0 42.8 49.5 57.2 66.1 76.3 88.1
Interest on borrowings from FI/Banks 16.88 15.51 13.97 12.25 10.32 8.16 5.74
Depreciation (Non Cash Expenses) 13.40 13.40 13.40 13.40 13.40 13.40 13.40
Earnings before tax 6.8 13.9 22.1 31.5 42.3 54.8 69.0
Taxes 2.1 6.4 13.2 23.0 (8.6) 16.9 21.3
Profit After Tax 4.7 7.5 8.9 8.6 51.0 37.8 47.7
Net Cash Flow 23.6 29.4 36.1 43.8 52.7 62.9 74.7
Cash from Operations - Net of Tax 18.1 20.9 22.3 22.0 64.4 51.2 61.1
Page 7 of 30
Financial Year
Start Date 1-Dec-16 1-Mar-17 1-Mar-18 1-Mar-19 1-Mar-20 1-Mar-21 1-Mar-22 1-Mar-23
End Date 28-Feb-17 28-Feb-18 28-Feb-19 29-Feb-20 28-Feb-21 28-Feb-22 28-Feb-23 29-Feb-24
Construction Days 90
Operation Days 365 365 366 365 365 365 366
Operation year 0.00 1.00 2.00 3.00 4.00 5.00 6.00 7.00
Figures are in Rs. Lacs
Cash Flow Statement
(A) Cash flow from operating activities
Net Profit before Taxation - 6.8 13.9 22.1 31.5 42.3 54.8 69.0
Adjustments for -
Depreciation - 13.4 13.4 13.4 13.4 13.4 13.4 13.4
Interest Paid - 16.9 15.5 14.0 12.2 10.3 8.2 5.7
Taxes Paid - 2.1 6.4 13.2 23.0 (8.6) 16.9 21.3
Net Cash from operating activities - 34.95 36.43 36.26 34.21 74.69 59.40 66.82
(B) Cash flow from investing activities
Capital work in progress -200.96
Net Cash used investing activities -200.96 - - - - - - -
(C) Cash flow from financing activities
Issue of share capital 60.29
Raising of Loan 140.67
Interest paid - (16.9) (15.5) (14.0) (12.2) (10.3) (8.2) (5.7)
Repayment of outstanding during the year - (11.44) (12.81) (14.35) (16.07) (18.00) (20.16) (22.57)
Net Cash from financing activities 200.96 -28.32 -28.32 -28.32 -28.32 -28.32 -28.32 -28.32
Net increase/(decrease) in cash and cash equivalent (A + B + C) - 6.64 8.11 7.95 5.90 46.38 31.08 38.50
Cash and cash equivalent at the beginning of the year (OPENING) - 6.64 14.75 22.70 28.59 74.97 106.04
Cash and cash equivalent at the end of the year (CLOSING) - 6.64 14.75 22.70 28.59 74.97 106.04 144.55
Check - 0.00 (0.00) - - - - -
Page 8 of 30
Financial Year
Start Date 1-Dec-16 1-Mar-17 1-Mar-18 1-Mar-19 1-Mar-20 1-Mar-21 1-Mar-22 1-Mar-23
End Date 28-Feb-17 28-Feb-18 28-Feb-19 29-Feb-20 28-Feb-21 28-Feb-22 28-Feb-23 29-Feb-24
Construction Days 90
Operation Days 365 365 366 365 365 365 366
Operation year 0.00 1.00 2.00 3.00 4.00 5.00 6.00 7.00
Figures are in Rs. Lacs
Working of Interest
Amount Outstanding at the begining of the year - 140.67 129.23 116.42 102.08 86.01 68.01 47.86
Add: Amount invested during the year
Construction cost 188.00
One time Premium paid to Govt 12.96
Add: Interest on amount outstanding at the begining of the year - 16.88 15.51 13.97 12.25 10.32 8.16 5.74
Less: Amount recovered from the project during the year 28.3 28.3 28.32 28.3 28.3 28.3 28.3
Less: Extra Repayment paid (if Any)
Less: Amount invested as equity in the project during the year 60.29
Amount outstanding at the end of the year 140.67 129.23 116.42 102.08 86.01 68.01 47.86 25.28
Page 9 of 30
Financial Year
Start Date 1-Dec-16 1-Mar-17 1-Mar-18 1-Mar-19 1-Mar-20 1-Mar-21 1-Mar-22 1-Mar-23
End Date 28-Feb-17 28-Feb-18 28-Feb-19 29-Feb-20 28-Feb-21 28-Feb-22 28-Feb-23 29-Feb-24
Construction Days 90
Operation Days 365 365 366 365 365 365 366
Operation year 0.00 1.00 2.00 3.00 4.00 5.00 6.00 7.00
Figures are in Rs. Lacs
Working of Depreciation
Opening Balance of Capital Assets 200.96 187.56 174.16 160.77 147.37 133.97 120.57
Add: Addition during the year 200.96
Less: Deletion During the year
Less: Depreciation for the year 13.40 13.40 13.40 13.40 13.40 13.40 13.40
Closing Balance of the Capital Assets 200.96 187.56 174.16 160.77 147.37 133.97 120.57 107.18
Page 10 of 30
Financial Year
Start Date 1-Dec-16 1-Mar-17 1-Mar-18 1-Mar-19 1-Mar-20 1-Mar-21 1-Mar-22 1-Mar-23
End Date 28-Feb-17 28-Feb-18 28-Feb-19 29-Feb-20 28-Feb-21 28-Feb-22 28-Feb-23 29-Feb-24
Construction Days 90
Operation Days 365 365 366 365 365 365 366
Operation year 0.00 1.00 2.00 3.00 4.00 5.00 6.00 7.00
Figures are in Rs. Lacs
Balance Sheet
Equity Capital 60.29 60.29 60.29 60.29 60.29 60.29 60.29 60.29
Reserves & Surplus
General Reserve (op. Bal.) - - 4.68 12.20 21.10 29.66 80.64 118.47
Add: P&L during the Year - 4.68 7.53 8.89 8.57 50.97 37.84 47.68
Sub Total for Reserves & Surplus - 4.7 12.2 21.1 29.7 80.6 118.5 166.2
Net worth 60.29 64.96 72.49 81.38 89.95 140.92 178.76 226.44
Term Loan for Project 140.67 129.23 116.42 102.08 86.01 68.01 47.86 25.28
Total Liabilities 200.96 194.20 188.91 183.46 175.96 208.94 226.62 251.72
Assets
Gross Fixed Assets
Opening 200.96 200.96 200.96 200.96 200.96 200.96 200.96 200.96
Less: Accumulated Depreciation - 13.40 26.79 40.19 53.59 66.99 80.38 93.78
Net Fixed Assets 200.96 187.56 174.16 160.77 147.37 133.97 120.57 107.18
Current Assets (Cash and Bank Balance) - 6.64 14.75 22.70 28.59 74.97 106.04 144.55
Total Assets 200.96 194.20 188.91 183.46 175.96 208.94 226.62 251.72
Check - - - - - - - -
Page 11 of 30
Financial Year
Start Date 1-Dec-16 1-Mar-17 1-Mar-18 1-Mar-19 1-Mar-20 1-Mar-21 1-Mar-22 1-Mar-23
End Date 28-Feb-17 28-Feb-18 28-Feb-19 29-Feb-20 28-Feb-21 28-Feb-22 28-Feb-23 29-Feb-24
Construction Days 90
Operation Days 365 365 366 365 365 365 366
Operation year 0.00 1.00 2.00 3.00 4.00 5.00 6.00 7.00
Figures are in Rs. Lacs
Calculation of Project Payback period and IRR
Cash outflow for Investment (200.96)
Cash flow from Operations - 18.07 20.92 22.29 21.96 64.37 51.23 61.08
Interest outflow - 16.88 15.51 13.97 12.25 10.32 8.16 5.74
Cash flow for Project IRR - 34.95 36.43 36.26 34.21 74.69 59.40 66.82
Net Cashflow for IRR (200.96) 34.95 36.43 36.26 34.21 74.69 59.40 66.82
Cumulitive Cashflow (200.96) (166.00) (129.57) (93.31) (59.10) 15.60 74.99 141.81
Check for Payback Period - - - - - 15.60 - -
Payback Period (yrs) 5.21
IRR for tenure 26.24%
Page 12 of 30
Financial Year
Start Date
End Date
Construction Days
Operation Days
Operation year
Figures are in Rs. Lacs
Profit & Loss Statement
Operating Revenues
Rent from Shops
Rent from Canteen
Rent from Flex
Total Revenues
Operating Expenses
Water bill
Housekeeping Expenses
Salary
Electricity Expenses
Any Other Expenses
Municipal Taxes
Increamental Premium for Land
Total O&M Expenses
EBITDA
Interest on borrowings from FI/Banks
Depreciation (Non Cash Expenses)
Earnings before tax
Taxes
Profit After Tax
Net Cash Flow
Cash from Operations - Net of Tax
1-Mar-24 1-Mar-25 1-Mar-26 1-Mar-27 1-Mar-28 1-Mar-29 1-Mar-30 1-Mar-31
28-Feb-25 28-Feb-26 28-Feb-27 29-Feb-28 28-Feb-29 28-Feb-30 28-Feb-31 29-Feb-32
365 365 365 366 365 365 365 366
8.00 9.00 10.00 11.00 12.00 13.00 14.00 15.00
3.99 4.59 5.28 6.07 6.98 8.03 9.23 10.61
1.15 1.32 1.52 1.75 2.01 2.31 2.66 3.06
111.72 128.48 147.75 169.91 195.40 224.71 258.42 297.18
116.86 134.39 154.55 177.73 204.39 235.05 270.30 310.85
0.47 0.51 0.57 0.62 0.68 0.75 0.83 0.91
2.34 2.57 2.83 3.11 3.42 3.77 4.14 4.56
2.81 3.09 3.40 3.73 4.11 4.52 4.97 5.47
- - - - - - - -
- - - - - - - -
0.19 0.21 0.24 0.26 0.29 0.31 0.35 0.38
9.27 10.48 11.85 13.40 15.14 17.12 19.34 21.85
15.08 16.87 18.88 21.13 23.65 26.47 29.63 33.17
101.8 117.5 135.7 156.6 180.7 208.6 240.7 277.7
3.03 0.00 - - - - - -
13.40 13.40 13.40 13.40 13.40 13.40 13.40 13.40
85.4 104.1 122.3 143.2 167.3 195.2 227.3 264.3
26.4 32.2 37.8 44.3 51.7 60.3 70.2 81.7
59.0 71.9 84.5 99.0 115.6 134.9 157.0 182.6
88.4 104.1 122.3 143.2 167.3 195.2 227.3 264.3
72.4 85.3 97.9 112.4 129.0 148.3 170.4 196.0
Page 13 of 30
Financial Year
Start Date
End Date
Construction Days
Operation Days
Operation year
Figures are in Rs. Lacs
Cash Flow Statement
(A) Cash flow from operating activities
Net Profit before Taxation
Adjustments for -
Depreciation
Interest Paid
Taxes Paid
Net Cash from operating activities
(B) Cash flow from investing activities
Capital work in progress
Net Cash used investing activities
(C) Cash flow from financing activities
Issue of share capital
Raising of Loan
Interest paid
Repayment of outstanding during the year
Net Cash from financing activities
Net increase/(decrease) in cash and cash equivalent (A + B + C)
Cash and cash equivalent at the beginning of the year (OPENING)
Cash and cash equivalent at the end of the year (CLOSING)
Check
1-Mar-24 1-Mar-25 1-Mar-26 1-Mar-27 1-Mar-28 1-Mar-29 1-Mar-30 1-Mar-31
28-Feb-25 28-Feb-26 28-Feb-27 29-Feb-28 28-Feb-29 28-Feb-30 28-Feb-31 29-Feb-32
365 365 365 366 365 365 365 366
8.00 9.00 10.00 11.00 12.00 13.00 14.00 15.00
85.4 104.1 122.3 143.2 167.3 195.2 227.3 264.3
13.4 13.4 13.4 13.4 13.4 13.4 13.4 13.4
3.0 0.0 - - - - - -
26.4 32.2 37.8 44.3 51.7 60.3 70.2 81.7
75.41 85.34 97.89 112.35 129.03 148.27 170.45 196.02
- - - - - - - -
(3.0) (0.0) - - - - - -
(25.28) (0.00) - - - - - -
-28.32 -0.00 - - - - - -
47.09 85.34 97.89 112.35 129.03 148.27 170.45 196.02
144.55 191.64 276.98 374.87 487.22 616.25 764.52 934.97
191.64 276.98 374.87 487.22 616.25 764.52 934.97 1,130.99
- - - - - - - -
Page 14 of 30
Financial Year
Start Date
End Date
Construction Days
Operation Days
Operation year
Figures are in Rs. Lacs
Working of Interest
Amount Outstanding at the begining of the year
Add: Amount invested during the year
Construction cost
One time Premium paid to Govt
Add: Interest on amount outstanding at the begining of the year
Less: Amount recovered from the project during the year
Less: Extra Repayment paid (if Any)
Less: Amount invested as equity in the project during the year
Amount outstanding at the end of the year
1-Mar-24 1-Mar-25 1-Mar-26 1-Mar-27 1-Mar-28 1-Mar-29 1-Mar-30 1-Mar-31
28-Feb-25 28-Feb-26 28-Feb-27 29-Feb-28 28-Feb-29 28-Feb-30 28-Feb-31 29-Feb-32
365 365 365 366 365 365 365 366
8.00 9.00 10.00 11.00 12.00 13.00 14.00 15.00
25.28 0.00 - - - - - -
3.03 0.00 - - - - - -
28.3 0.0 - - - - - -
0.00 - - - - - - -
Page 15 of 30
Financial Year
Start Date
End Date
Construction Days
Operation Days
Operation year
Figures are in Rs. Lacs
Working of Depreciation
Opening Balance of Capital Assets
Add: Addition during the year
Less: Deletion During the year
Less: Depreciation for the year
Closing Balance of the Capital Assets
1-Mar-24 1-Mar-25 1-Mar-26 1-Mar-27 1-Mar-28 1-Mar-29 1-Mar-30 1-Mar-31
28-Feb-25 28-Feb-26 28-Feb-27 29-Feb-28 28-Feb-29 28-Feb-30 28-Feb-31 29-Feb-32
365 365 365 366 365 365 365 366
8.00 9.00 10.00 11.00 12.00 13.00 14.00 15.00
107.18 93.78 80.38 66.99 53.59 40.19 26.79 13.40
13.40 13.40 13.40 13.40 13.40 13.40 13.40 13.40
93.78 80.38 66.99 53.59 40.19 26.79 13.40 0.00
Page 16 of 30
Financial Year
Start Date
End Date
Construction Days
Operation Days
Operation year
Figures are in Rs. Lacs
Balance Sheet
Equity Capital
Reserves & Surplus
General Reserve (op. Bal.)
Add: P&L during the Year
Sub Total for Reserves & Surplus
Net worth
Term Loan for Project
Total Liabilities
Assets
Gross Fixed Assets
Opening
Less: Accumulated Depreciation
Net Fixed Assets
Current Assets (Cash and Bank Balance)
Total Assets
Check
1-Mar-24 1-Mar-25 1-Mar-26 1-Mar-27 1-Mar-28 1-Mar-29 1-Mar-30 1-Mar-31
28-Feb-25 28-Feb-26 28-Feb-27 29-Feb-28 28-Feb-29 28-Feb-30 28-Feb-31 29-Feb-32
365 365 365 366 365 365 365 366
8.00 9.00 10.00 11.00 12.00 13.00 14.00 15.00
60.29 60.29 60.29 60.29 60.29 60.29 60.29 60.29
166.15 225.13 297.08 381.57 480.52 596.16 731.03 888.08
58.98 71.95 84.49 98.95 115.64 134.87 157.05 182.62
225.1 297.1 381.6 480.5 596.2 731.0 888.1 1,070.7
285.42 357.37 441.85 540.81 656.44 791.32 948.37 1,130.99
0.00 - - - - - - -
285.42 357.37 441.85 540.81 656.44 791.32 948.37 1,130.99
200.96 200.96 200.96 200.96 200.96 200.96 200.96 200.96
107.18 120.57 133.97 147.37 160.77 174.16 187.56 200.96
93.78 80.38 66.99 53.59 40.19 26.79 13.40 -
191.64 276.98 374.87 487.22 616.25 764.52 934.97 1,130.99
285.42 357.37 441.85 540.81 656.44 791.32 948.37 1,130.99
- - - - - - - -
Page 17 of 30
Financial Year
Start Date
End Date
Construction Days
Operation Days
Operation year
Figures are in Rs. Lacs
Calculation of Project Payback period and IRR
Cash outflow for Investment
Cash flow from Operations
Interest outflow
Cash flow for Project IRR
Net Cashflow for IRR
Cumulitive Cashflow
Check for Payback Period
Payback Period (yrs)
IRR for tenure
1-Mar-24 1-Mar-25 1-Mar-26 1-Mar-27 1-Mar-28 1-Mar-29 1-Mar-30 1-Mar-31
28-Feb-25 28-Feb-26 28-Feb-27 29-Feb-28 28-Feb-29 28-Feb-30 28-Feb-31 29-Feb-32
365 365 365 366 365 365 365 366
8.00 9.00 10.00 11.00 12.00 13.00 14.00 15.00
72.37 85.34 97.89 112.35 129.03 148.27 170.45 196.02
3.03 0.00 - - - - - -
75.41 85.34 97.89 112.35 129.03 148.27 170.45 196.02
75.41 85.34 97.89 112.35 129.03 148.27 170.45 196.02
217.22 302.56 400.45 512.80 641.83 790.10 960.55 1,156.57
- - - - - - - -
Page 18 of 30
Financial Year
Start Date
End Date
Construction Days
Operation Days
Operation year
Figures are in Rs. Lacs
Profit & Loss Statement
Operating Revenues
Rent from Shops
Rent from Canteen
Rent from Flex
Total Revenues
Operating Expenses
Water bill
Housekeeping Expenses
Salary
Electricity Expenses
Any Other Expenses
Municipal Taxes
Increamental Premium for Land
Total O&M Expenses
EBITDA
Interest on borrowings from FI/Banks
Depreciation (Non Cash Expenses)
Earnings before tax
Taxes
Profit After Tax
Net Cash Flow
Cash from Operations - Net of Tax
Page 19 of 30
Financial Year
Start Date
End Date
Construction Days
Operation Days
Operation year
Figures are in Rs. Lacs
Cash Flow Statement
(A) Cash flow from operating activities
Net Profit before Taxation
Adjustments for -
Depreciation
Interest Paid
Taxes Paid
Net Cash from operating activities
(B) Cash flow from investing activities
Capital work in progress
Net Cash used investing activities
(C) Cash flow from financing activities
Issue of share capital
Raising of Loan
Interest paid
Repayment of outstanding during the year
Net Cash from financing activities
Net increase/(decrease) in cash and cash equivalent (A + B + C)
Cash and cash equivalent at the beginning of the year (OPENING)
Cash and cash equivalent at the end of the year (CLOSING)
Check
Page 20 of 30
Financial Year
Start Date
End Date
Construction Days
Operation Days
Operation year
Figures are in Rs. Lacs
Working of Interest
Amount Outstanding at the begining of the year
Add: Amount invested during the year
Construction cost
One time Premium paid to Govt
Add: Interest on amount outstanding at the begining of the year
Less: Amount recovered from the project during the year
Less: Extra Repayment paid (if Any)
Less: Amount invested as equity in the project during the year
Amount outstanding at the end of the year
Page 21 of 30
Financial Year
Start Date
End Date
Construction Days
Operation Days
Operation year
Figures are in Rs. Lacs
Working of Depreciation
Opening Balance of Capital Assets
Add: Addition during the year
Less: Deletion During the year
Less: Depreciation for the year
Closing Balance of the Capital Assets
Page 22 of 30
Financial Year
Start Date
End Date
Construction Days
Operation Days
Operation year
Figures are in Rs. Lacs
Balance Sheet
Equity Capital
Reserves & Surplus
General Reserve (op. Bal.)
Add: P&L during the Year
Sub Total for Reserves & Surplus
Net worth
Term Loan for Project
Total Liabilities
Assets
Gross Fixed Assets
Opening
Less: Accumulated Depreciation
Net Fixed Assets
Current Assets (Cash and Bank Balance)
Total Assets
Check
Page 23 of 30
Financial Year
Start Date
End Date
Construction Days
Operation Days
Operation year
Figures are in Rs. Lacs
Calculation of Project Payback period and IRR
Cash outflow for Investment
Cash flow from Operations
Interest outflow
Cash flow for Project IRR
Net Cashflow for IRR
Cumulitive Cashflow
Check for Payback Period
Payback Period (yrs)
IRR for tenure
Page 24 of 30
Project Specific Assumptions
Area of Building Sq. Mtr.
Per Sqm cost INR
Cost of construction INR ( Lacs)
Estimated one time premium for Land INR ( Lacs)
Total Investment INR ( Lacs)
Bid Due Date Date
Reference Date for Bid Price Date
Appointed Date Date
Construction Period Months
COD Date
Operations Period Years
Concession Period Years
Concession Period Closure Date
Valuation of the project done at the time of COD by Engineer in charge INR ( Lacs)
Estimated useful life of the building Years
One time Premium paid towards land rent at the time of Bid INR ( Lacs)
Period for which above said premium was paid Years
Termination date Date
Operation period utilised Years
Balance period Years
Increase in Rent considered at the time of Bid
b) Debit for incomplete works, if any
Project - Construction of JanSuvidha Kendra at Karamba
Location - Karamba
Valuation of the project excluding land cost and premium towards land, made at the time of issuance of
completion certificate of construction part of the building and start of concession period
Debit for cost of wear and tear required to get structure of Jan Suvidha Kendra to
good working conditions
Page 25 of 30
400
47000
188.00
12.96
200.96
31/08/2016
30/08/2016
01/12/2016
6.00
01/06/2017
15.00
15.5
31/05/2032
240.00
50
45
15.00
15/05/2029
11.96
3.04
10%
Valuation of the project excluding land cost and premium towards land, made at the time of issuance of
Page 26 of 30
Location - Karamba
Calculation of Termination Payment
Please refer article 15 of concession agreement
Termination payment at the time of Termination due to default of Concessionaire
Terminatio Payment shall be
507849
ii) 50% depreciated value of the building 9129205
Sub Total 9637055
As reduced by
0
b) Debit for incomplete works, if any 0
Termination Payment due 9637055
Detailed Working
i) 50% premium paid towards land rent, apportioned to remaining operation period,
Premium paid Rs. 4500000
Original Operation Period Years 15.00
Operation period utilised Years 11.96
Balance period Years 3.04
NPV of Rent for balance oeration period 1015699
50% of NPV of Rent for balance oeration period 50% 507849
iii) 100% depreciated value of the building
Valuation of the project done at the time of COD by Engineer in chargeRs. 24000000
Estimated useful life of the building Years 50.00
Operation period utilised Years 11.96
Balance Useful Life of Project Years 38.04
Depreciation on utilised period
Rate of depreciation of Staight Line Method % p.a. 2.00%
Amount of Depreciation for utilised period 5741589
i) 50% premium paid towards land rent, apportioned to remaining operation period,
Project - Construction of JanSuvidha Kendra at Karamba
a) Debit for cost of wear and tear required to get structure of Jan Suvidha Kendra to
good working conditions
Page 27 of 30
Depreciated Value of the Building 18258411
50% of Depreciated Value of the building 50% 9129205
Page 28 of 30
Working for calculation of Premium
At the time of Bid
Year Rent ROI % NPV
From To
1 01/06/2017 31/05/2018 380016 0% 12% 339300
2 01/06/2018 31/05/2019 418017 10% 12% 333241
3 01/06/2019 31/05/2020 459819 10% 12% 327290
4 01/06/2020 31/05/2021 505801 10% 12% 321446
5 01/06/2021 31/05/2022 556381 10% 12% 315705
6 01/06/2022 31/05/2023 612019 10% 12% 310068
7 01/06/2023 31/05/2024 673221 10% 12% 304531
8 01/06/2024 31/05/2025 740543 10% 12% 299093
9 01/06/2025 31/05/2026 814597 10% 12% 293752
10 01/06/2026 31/05/2027 896057 10% 12% 288506
11 01/06/2027 31/05/2028 985663 10% 12% 283354
12 01/06/2028 31/05/2029 1084229 10% 12% 278295
13 01/06/2029 31/05/2030 1192652 10% 12% 273325
14 01/06/2030 31/05/2031 1311917 10% 12% 268444
15 01/06/2031 31/05/2032 1443109 10% 12% 263651
Present Value of Land Premium 4500000
Project - Construction of JanSuvidha Kendra at Karamba
Location - Karamba
Period Increase for
the year
Page 29 of 30
Working for calculation of Premium
At the time of Termination
Year Rent ROI % NPV
From To
1 15/05/2029 14/05/2030 1.00 380016 0% 12% 339300
2 15/05/2030 14/05/2031 1.00 418017 10% 12% 333241
3 15/05/2031 14/05/2032 1.00 459819 10% 12% 328187
4 15/05/2032 31/05/2032 0.05 505801 10% 12% 14971
5 01/06/2032 31/05/2032 - 556381 10% 12% 0
6 01/06/2032 31/05/2032 - 612019 10% 12% 0
7 01/06/2032 31/05/2032 - 673221 10% 12% 0
8 01/06/2032 31/05/2032 - 740543 10% 12% 0
9 01/06/2032 31/05/2032 - 814597 10% 12% 0
10 01/06/2032 31/05/2032 - 896057 10% 12% 0
11 01/06/2032 31/05/2032 - 985663 10% 12% 0
12 01/06/2032 31/05/2032 - 1084229 10% 12% 0
13 01/06/2032 31/05/2032 - 1192652 10% 12% 0
14 01/06/2032 31/05/2032 - 1311917 10% 12% 0
15 01/06/2032 31/05/2032 - 1443109 10% 12% 0
Present Value of Land Premium 1015699
Project - Construction of JanSuvidha Kendra at Karamba
Location - Karamba
Increase for
the year
Period in
Years
Period
Page 30 of 30
********** Instructions for use of this financial model **********
1 Fields marked with green color are required to be filled up.
2 Multiplier for land acquisition value of property is calculated as follows;
d. After this, collector has an option to increase this value by 25% in case of negotiation.
Therefore in this model, ready reckoner value is taken as base for calculation.
a. Average of rate as per sale deed executed for surrounding area is taken for last 3 years.
Then average of top 50% of deeds is calculated and compared with average of ready
reckoner rate for last 3 years for that area. Maximum of both is taken for valuation as base
value.
b. The base value is multiplied by 2 (multiplier 2 is for village area and majority of land
available with PWD and offered for Jansuvidha Kendra are in village area only) and cost of
structure in the land premises is added.
c. Value calculated as per point b above is again multiplied by 2 to arrive at Land
acquisition cost.
Page 1 of 15
Project Specific Assumptions
Area of Building Sq. Mtr. 400
Per Sqm cost INR 47000
Cost of construction INR ( Lacs) 188.00
Estimated one time premium for Land INR ( Lacs) 12.96
Total Investment INR ( Lacs) 200.96
Bid Due Date Date 31/08/2016
Reference Date for Bid Price Date 30/08/2016
Appointed Date Date 01/12/2016
Construction Period Months 6.00
COD Date 01/06/2017
Operations Period Years 15.00
Concession Period Years 15.5
Concession Period Closure Date 31/05/2032
Financial Assumptions
Tenure of Term Loan Years 8.0
Interest Rate assumed %age 12.00%
Financing Charges %age of debt mobilised2%
Debt %age 70.0%
Equity %age 30.0%
Moratorium Period Years 0.5
Repayment Start date Date 1-Dec-17
Repayment End Date Date 1-Dec-25
Depreciation Rate - SLM 6.67%
Income Tax Rate 30.9%
Ready Reckoner rate for the land for the project as on date 273575
Multiplier for Market Value ( Land Aquisition Value) 5.00
Market Value of the Land as on date ( Land Aquisition Value) 1367875
Rent for year 1 % 8%
Rent for year 1 Rs 109430
Location - Karamba
Project - Construction of JanSuvidha Kendra at Karamba
Page 2 of 15
Project Specific Assumptions
Location - Karamba
Project - Construction of JanSuvidha Kendra at Karamba
Area Break up
Total Built up area Sq mtr 500
Area for Toilet Sq mtr
Area for Parking Sq mtr
Area for Canteen Sq mtr 120
Area for Shops Sq mtr 500
Open area Sq mtr
Out of above, area which can be offered for rent Sq mtr 620
Expected rent per sq. Mtr. Per month for Canteen Rs 30
Expected rent Per month for Canteen 3600
Expected rent per sq. Mtr. Per month for Shops Rs 25
Expected rent Per month for Shops Rs 12500
Monthly rent received from Leasing of premises 16100
Annnual Increase in Rent - leased out premises 15%
Area available for advertisment
Front area - Flex advertising Sq ft 320
Front area - Flex advertising Rate per square ft Rs/Sq ft 350
Left side area - Flex advertising Sq ft 400
Left side area - Flex advertising Rate per square ft Rs/Sq ft 262.5
Right side area - Flex advertising Sq ft 400
Right side area - Flex advertising Rate per square ft Rs/Sq ft 262.5
Back side area - Flex advertising Sq ft 320
Back side area - Flex advertising Rate per square ft Rs/Sq ft 87.5
Total Rent per month from Flex Advertising 350000
Totla monhtly rental income 366100
Monthly Expenses
Water bill Rs/Month 2000
Housekeeping Expenses Rs/Month 10000
Salary Rs/Month 12000
Electricity Expenses Rs/Month 0
Any Other Expenses Rs/Month
Page 3 of 15
Project Specific Assumptions
Location - Karamba
Project - Construction of JanSuvidha Kendra at Karamba
Municipal Taxes Rs/year 10000
Annual Increase in Expenses 10%
Annual Increase in Rent - payable to department 10%
Page 4 of 15
Working for calculation of rent
Year Rent ROI % NPV
From To
1 01/06/2017 31/05/2018 109430 0% 12% 97705
2 01/06/2018 31/05/2019 120373 10% 12% 95961
3 01/06/2019 31/05/2020 132410 10% 12% 94247
4 01/06/2020 31/05/2021 145651 10% 12% 92564
5 01/06/2021 31/05/2022 160216 10% 12% 90911
6 01/06/2022 31/05/2023 176238 10% 12% 89288
7 01/06/2023 31/05/2024 193862 10% 12% 87693
8 01/06/2024 31/05/2025 213248 10% 12% 86127
9 01/06/2025 31/05/2026 234573 10% 12% 84589
10 01/06/2026 31/05/2027 258030 10% 12% 83079
11 01/06/2027 31/05/2028 283833 10% 12% 81595
12 01/06/2028 31/05/2029 312217 10% 12% 80138
13 01/06/2029 31/05/2030 343438 10% 12% 78707
14 01/06/2030 31/05/2031 377782 10% 12% 77302
15 01/06/2031 31/05/2032 415560 10% 12% 75921
Present Value of Land Rent 1295828
PeriodIncrease
for the
year
Project - Construction of JanSuvidha Kendra at Karamba
Location - Karamba
Page 5 of 15
Working for increamental revenue in case of increase in market value of the property
Year
Ready reckoner rate
at the begining of
the year
Multiplier
( Land
Aquisition
Value)
Rental
Income
(%)
Revised
Rental
Income
Original Rental
income considered
for financial model
Difference
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
From To Rs
1 01/06/2017 31/05/2018 1250000 5.00 6,250,000 8.00% 500,000 109430 390570
2 01/06/2018 31/05/2019 1406250 5.00 7,031,250 8.00% 562,500 120373 442127
3 01/06/2019 31/05/2020 1582031 5.00 7,910,156 8.00% 632,813 132410 500402
4 01/06/2020 31/05/2021 1779785 5.00 8,898,926 8.00% 711,914 145651 566263
5 01/06/2021 31/05/2022 2002258 5.00 10,011,292 8.00% 800,903 160216 640687
6 01/06/2022 31/05/2023 2252541 5.00 11,262,703 8.00% 901,016 176238 724778
7 01/06/2023 31/05/2024 2534108 5.00 12,670,541 8.00% 1,013,643 193862 819781
8 01/06/2024 31/05/2025 2850872 5.00 14,254,358 8.00% 1,140,349 213248 927101
9 01/06/2025 31/05/2026 3207231 5.00 16,036,153 8.00% 1,282,892 234573 1048319
10 01/06/2026 31/05/2027 3608134 5.00 18,040,672 8.00% 1,443,254 258030 1185224
11 01/06/2027 31/05/2028 4059151 5.00 20,295,756 8.00% 1,623,661 283833 1339827
12 01/06/2028 31/05/2029 4566545 5.00 22,832,726 8.00% 1,826,618 312217 1514402
13 01/06/2029 31/05/2030 5137363 5.00 25,686,817 8.00% 2,054,945 343438 1711507
14 01/06/2030 31/05/2031 5779534 5.00 28,897,669 8.00% 2,311,814 377782 1934031
15 01/06/2031 31/05/2032 6501975 5.00 32,509,877 8.00% 2,600,790 415560 2185230
Period
Project - Construction of JanSuvidha Kendra at Karamba
Location - Karamba
Page 6 of 15
Financial Year
Start Date 1-Dec-16 1-Mar-17 1-Mar-18 1-Mar-19 1-Mar-20 1-Mar-21 1-Mar-22 1-Mar-23 1-Mar-24 1-Mar-25 1-Mar-26 1-Mar-27 1-Mar-28 1-Mar-29 1-Mar-30 1-Mar-31
End Date 28-Feb-17 28-Feb-18 28-Feb-19 29-Feb-20 28-Feb-21 28-Feb-22 28-Feb-23 29-Feb-24 28-Feb-25 28-Feb-26 28-Feb-27 29-Feb-28 28-Feb-29 28-Feb-30 28-Feb-31 29-Feb-32
Construction Days 90
Operation Days 365 365 366 365 365 365 366 365 365 365 366 365 365 365 366
Operation year 0.00 1.00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 9.00 10.00 11.00 12.00 13.00 14.00 15.00
Figures are in Rs. Lacs
Profit & Loss Statement
Operating Revenues
Rent from Shops 1.50 1.73 1.98 2.28 2.62 3.02 3.47 3.99 4.59 5.28 6.07 6.98 8.03 9.23 10.61
Rent from Canteen 0.43 0.50 0.57 0.66 0.76 0.87 1.00 1.15 1.32 1.52 1.75 2.01 2.31 2.66 3.06
Rent from Flex 42.00 48.30 55.55 63.88 73.46 84.48 97.15 111.72 128.48 147.75 169.91 195.40 224.71 258.42 297.18
Total Revenues - 43.93 50.52 58.10 66.82 76.84 88.36 101.62 116.86 134.39 154.55 177.73 204.39 235.05 270.30 310.85
Operating Expenses
Water bill 0.24 0.26 0.29 0.32 0.35 0.39 0.43 0.47 0.51 0.57 0.62 0.68 0.75 0.83 0.91
Housekeeping Expenses 1.20 1.32 1.45 1.60 1.76 1.93 2.13 2.34 2.57 2.83 3.11 3.42 3.77 4.14 4.56
Salary 1.44 1.58 1.74 1.92 2.11 2.32 2.55 2.81 3.09 3.40 3.73 4.11 4.52 4.97 5.47
Electricity Expenses - - - - - - - - - - - - - - -
Any Other Expenses - - - - - - - - - - - - - - -
Municipal Taxes 0.10 0.11 0.12 0.13 0.15 0.16 0.18 0.19 0.21 0.24 0.26 0.29 0.31 0.35 0.38
Increamental Premium for Land 3.91 4.42 5.00 5.66 6.41 7.25 8.20 9.27 10.48 11.85 13.40 15.14 17.12 19.34 21.85
Total O&M Expenses - 6.89 7.70 8.61 9.63 10.77 12.05 13.48 15.08 16.87 18.88 21.13 23.65 26.47 29.63 33.17
EBITDA - 37.0 42.8 49.5 57.2 66.1 76.3 88.1 101.8 117.5 135.7 156.6 180.7 208.6 240.7 277.7
Interest on borrowings from FI/Banks 16.88 15.51 13.97 12.25 10.32 8.16 5.74 3.03 0.00 - - - - - -
Depreciation (Non Cash Expenses) 13.40 13.40 13.40 13.40 13.40 13.40 13.40 13.40 13.40 13.40 13.40 13.40 13.40 13.40 13.40
Earnings before tax 6.8 13.9 22.1 31.5 42.3 54.8 69.0 85.4 104.1 122.3 143.2 167.3 195.2 227.3 264.3
Taxes 2.1 6.4 13.2 23.0 (8.6) 16.9 21.3 26.4 32.2 37.8 44.3 51.7 60.3 70.2 81.7
Profit After Tax 4.7 7.5 8.9 8.6 51.0 37.8 47.7 59.0 71.9 84.5 99.0 115.6 134.9 157.0 182.6
Net Cash Flow 23.6 29.4 36.1 43.8 52.7 62.9 74.7 88.4 104.1 122.3 143.2 167.3 195.2 227.3 264.3
Cash from Operations - Net of Tax 18.1 20.9 22.3 22.0 64.4 51.2 61.1 72.4 85.3 97.9 112.4 129.0 148.3 170.4 196.0
Page 7 of 15
Financial Year
Start Date 1-Dec-16 1-Mar-17 1-Mar-18 1-Mar-19 1-Mar-20 1-Mar-21 1-Mar-22 1-Mar-23 1-Mar-24 1-Mar-25 1-Mar-26 1-Mar-27 1-Mar-28 1-Mar-29 1-Mar-30 1-Mar-31
End Date 28-Feb-17 28-Feb-18 28-Feb-19 29-Feb-20 28-Feb-21 28-Feb-22 28-Feb-23 29-Feb-24 28-Feb-25 28-Feb-26 28-Feb-27 29-Feb-28 28-Feb-29 28-Feb-30 28-Feb-31 29-Feb-32
Construction Days 90
Operation Days 365 365 366 365 365 365 366 365 365 365 366 365 365 365 366
Operation year 0.00 1.00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 9.00 10.00 11.00 12.00 13.00 14.00 15.00
Figures are in Rs. Lacs
Cash Flow Statement
(A) Cash flow from operating activities
Net Profit before Taxation - 6.8 13.9 22.1 31.5 42.3 54.8 69.0 85.4 104.1 122.3 143.2 167.3 195.2 227.3 264.3
Adjustments for -
Depreciation - 13.4 13.4 13.4 13.4 13.4 13.4 13.4 13.4 13.4 13.4 13.4 13.4 13.4 13.4 13.4
Interest Paid - 16.9 15.5 14.0 12.2 10.3 8.2 5.7 3.0 0.0 - - - - - -
Taxes Paid - 2.1 6.4 13.2 23.0 (8.6) 16.9 21.3 26.4 32.2 37.8 44.3 51.7 60.3 70.2 81.7
Net Cash from operating activities - 34.95 36.43 36.26 34.21 74.69 59.40 66.82 75.41 85.34 97.89 112.35 129.03 148.27 170.45 196.02
(B) Cash flow from investing activities
Capital work in progress -200.96
Net Cash used investing activities -200.96 - - - - - - - - - - - - - - -
(C) Cash flow from financing activities
Issue of share capital 60.29
Raising of Loan 140.67
Interest paid - (16.9) (15.5) (14.0) (12.2) (10.3) (8.2) (5.7) (3.0) (0.0) - - - - - -
Repayment of outstanding during the year - (11.44) (12.81) (14.35) (16.07) (18.00) (20.16) (22.57) (25.28) (0.00) - - - - - -
Net Cash from financing activities 200.96 -28.32 -28.32 -28.32 -28.32 -28.32 -28.32 -28.32 -28.32 -0.00 - - - - - -
Net increase/(decrease) in cash and cash equivalent (A + B + C) - 6.64 8.11 7.95 5.90 46.38 31.08 38.50 47.09 85.34 97.89 112.35 129.03 148.27 170.45 196.02
Cash and cash equivalent at the beginning of the year (OPENING) - 6.64 14.75 22.70 28.59 74.97 106.04 144.55 191.64 276.98 374.87 487.22 616.25 764.52 934.97
Cash and cash equivalent at the end of the year (CLOSING) - 6.64 14.75 22.70 28.59 74.97 106.04 144.55 191.64 276.98 374.87 487.22 616.25 764.52 934.97 1,130.99
Check - 0.00 (0.00) - - - - - - - - - - - - -
Page 8 of 15
Financial Year
Start Date 1-Dec-16 1-Mar-17 1-Mar-18 1-Mar-19 1-Mar-20 1-Mar-21 1-Mar-22 1-Mar-23 1-Mar-24 1-Mar-25 1-Mar-26 1-Mar-27 1-Mar-28 1-Mar-29 1-Mar-30 1-Mar-31
End Date 28-Feb-17 28-Feb-18 28-Feb-19 29-Feb-20 28-Feb-21 28-Feb-22 28-Feb-23 29-Feb-24 28-Feb-25 28-Feb-26 28-Feb-27 29-Feb-28 28-Feb-29 28-Feb-30 28-Feb-31 29-Feb-32
Construction Days 90
Operation Days 365 365 366 365 365 365 366 365 365 365 366 365 365 365 366
Operation year 0.00 1.00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 9.00 10.00 11.00 12.00 13.00 14.00 15.00
Figures are in Rs. Lacs
Working of Interest
Amount Outstanding at the begining of the year - 140.67 129.23 116.42 102.08 86.01 68.01 47.86 25.28 0.00 - - - - - -
Add: Amount invested during the year
Construction cost 188.00
One time Premium paid to Govt 12.96
Add: Interest on amount outstanding at the begining of the year - 16.88 15.51 13.97 12.25 10.32 8.16 5.74 3.03 0.00 - - - - - -
Less: Amount recovered from the project during the year 28.3 28.3 28.32 28.3 28.3 28.3 28.3 28.3 0.0 - - - - - -
Less: Extra Repayment paid (if Any)
Less: Amount invested as equity in the project during the year 60.29
Amount outstanding at the end of the year 140.67 129.23 116.42 102.08 86.01 68.01 47.86 25.28 0.00 - - - - - - -
Page 9 of 15
Financial Year
Start Date 1-Dec-16 1-Mar-17 1-Mar-18 1-Mar-19 1-Mar-20 1-Mar-21 1-Mar-22 1-Mar-23 1-Mar-24 1-Mar-25 1-Mar-26 1-Mar-27 1-Mar-28 1-Mar-29 1-Mar-30 1-Mar-31
End Date 28-Feb-17 28-Feb-18 28-Feb-19 29-Feb-20 28-Feb-21 28-Feb-22 28-Feb-23 29-Feb-24 28-Feb-25 28-Feb-26 28-Feb-27 29-Feb-28 28-Feb-29 28-Feb-30 28-Feb-31 29-Feb-32
Construction Days 90
Operation Days 365 365 366 365 365 365 366 365 365 365 366 365 365 365 366
Operation year 0.00 1.00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 9.00 10.00 11.00 12.00 13.00 14.00 15.00
Figures are in Rs. Lacs
Working of Depreciation
Opening Balance of Capital Assets 200.96 187.56 174.16 160.77 147.37 133.97 120.57 107.18 93.78 80.38 66.99 53.59 40.19 26.79 13.40
Add: Addition during the year 200.96
Less: Deletion During the year
Less: Depreciation for the year 13.40 13.40 13.40 13.40 13.40 13.40 13.40 13.40 13.40 13.40 13.40 13.40 13.40 13.40 13.40
Closing Balance of the Capital Assets 200.96 187.56 174.16 160.77 147.37 133.97 120.57 107.18 93.78 80.38 66.99 53.59 40.19 26.79 13.40 0.00
Page 10 of 15
Financial Year
Start Date 1-Dec-16 1-Mar-17 1-Mar-18 1-Mar-19 1-Mar-20 1-Mar-21 1-Mar-22 1-Mar-23 1-Mar-24 1-Mar-25 1-Mar-26 1-Mar-27 1-Mar-28 1-Mar-29 1-Mar-30 1-Mar-31
End Date 28-Feb-17 28-Feb-18 28-Feb-19 29-Feb-20 28-Feb-21 28-Feb-22 28-Feb-23 29-Feb-24 28-Feb-25 28-Feb-26 28-Feb-27 29-Feb-28 28-Feb-29 28-Feb-30 28-Feb-31 29-Feb-32
Construction Days 90
Operation Days 365 365 366 365 365 365 366 365 365 365 366 365 365 365 366
Operation year 0.00 1.00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 9.00 10.00 11.00 12.00 13.00 14.00 15.00
Figures are in Rs. Lacs
Balance Sheet
Equity Capital 60.29 60.29 60.29 60.29 60.29 60.29 60.29 60.29 60.29 60.29 60.29 60.29 60.29 60.29 60.29 60.29
Reserves & Surplus
General Reserve (op. Bal.) - - 4.68 12.20 21.10 29.66 80.64 118.47 166.15 225.13 297.08 381.57 480.52 596.16 731.03 888.08
Add: P&L during the Year - 4.68 7.53 8.89 8.57 50.97 37.84 47.68 58.98 71.95 84.49 98.95 115.64 134.87 157.05 182.62
Sub Total for Reserves & Surplus - 4.7 12.2 21.1 29.7 80.6 118.5 166.2 225.1 297.1 381.6 480.5 596.2 731.0 888.1 1,070.7
Net worth 60.29 64.96 72.49 81.38 89.95 140.92 178.76 226.44 285.42 357.37 441.85 540.81 656.44 791.32 948.37 1,130.99
Term Loan for Project 140.67 129.23 116.42 102.08 86.01 68.01 47.86 25.28 0.00 - - - - - - -
Total Liabilities 200.96 194.20 188.91 183.46 175.96 208.94 226.62 251.72 285.42 357.37 441.85 540.81 656.44 791.32 948.37 1,130.99
Assets
Gross Fixed Assets
Opening 200.96 200.96 200.96 200.96 200.96 200.96 200.96 200.96 200.96 200.96 200.96 200.96 200.96 200.96 200.96 200.96
Less: Accumulated Depreciation - 13.40 26.79 40.19 53.59 66.99 80.38 93.78 107.18 120.57 133.97 147.37 160.77 174.16 187.56 200.96
Net Fixed Assets 200.96 187.56 174.16 160.77 147.37 133.97 120.57 107.18 93.78 80.38 66.99 53.59 40.19 26.79 13.40 -
Current Assets (Cash and Bank Balance) - 6.64 14.75 22.70 28.59 74.97 106.04 144.55 191.64 276.98 374.87 487.22 616.25 764.52 934.97 1,130.99
Total Assets 200.96 194.20 188.91 183.46 175.96 208.94 226.62 251.72 285.42 357.37 441.85 540.81 656.44 791.32 948.37 1,130.99
Check - - - - - - - - - - - - - - - -
Page 11 of 15
Financial Year
Start Date 1-Dec-16 1-Mar-17 1-Mar-18 1-Mar-19 1-Mar-20 1-Mar-21 1-Mar-22 1-Mar-23 1-Mar-24 1-Mar-25 1-Mar-26 1-Mar-27 1-Mar-28 1-Mar-29 1-Mar-30 1-Mar-31
End Date 28-Feb-17 28-Feb-18 28-Feb-19 29-Feb-20 28-Feb-21 28-Feb-22 28-Feb-23 29-Feb-24 28-Feb-25 28-Feb-26 28-Feb-27 29-Feb-28 28-Feb-29 28-Feb-30 28-Feb-31 29-Feb-32
Construction Days 90
Operation Days 365 365 366 365 365 365 366 365 365 365 366 365 365 365 366
Operation year 0.00 1.00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 9.00 10.00 11.00 12.00 13.00 14.00 15.00
Figures are in Rs. Lacs
Calculation of Project Payback period and IRR
Cash outflow for Investment (200.96)
Cash flow from Operations - 18.07 20.92 22.29 21.96 64.37 51.23 61.08 72.37 85.34 97.89 112.35 129.03 148.27 170.45 196.02
Interest outflow - 16.88 15.51 13.97 12.25 10.32 8.16 5.74 3.03 0.00 - - - - - -
Cash flow for Project IRR - 34.95 36.43 36.26 34.21 74.69 59.40 66.82 75.41 85.34 97.89 112.35 129.03 148.27 170.45 196.02
Net Cashflow for IRR (200.96) 34.95 36.43 36.26 34.21 74.69 59.40 66.82 75.41 85.34 97.89 112.35 129.03 148.27 170.45 196.02
Cumulitive Cashflow (200.96) (166.00) (129.57) (93.31) (59.10) 15.60 74.99 141.81 217.22 302.56 400.45 512.80 641.83 790.10 960.55 1,156.57
Check for Payback Period - - - - - 15.60 - - - - - - - - - -
Payback Period (yrs) 5.21
IRR for tenure 26.24%
Page 12 of 15
Project Specific Assumptions
Area of Building Sq. Mtr. 400
Per Sqm cost INR 47000
Cost of construction INR ( Lacs) 188.00
Estimated one time premium for Land INR ( Lacs) 12.96
Total Investment INR ( Lacs) 200.96
Bid Due Date Date 31/08/2016
Reference Date for Bid Price Date 30/08/2016
Appointed Date Date 01/12/2016
Construction Period Months 6.00
COD Date 01/06/2017
Operations Period Years 15.00
Concession Period Years 15.5
Concession Period Closure Date 31/05/2032
Valuation of the project done at the time of COD by Engineer in charge INR ( Lacs) 240.00
Estimated useful life of the building Years 50
One time Premium paid towards land rent at the time of Bid INR ( Lacs) 45
Period for which above said premium was paid Years 15.00
Termination date Date 15/05/2029
Operation period utilised Years 11.96
Balance period Years 3.04
Increase in Rent considered at the time of Bid 10%
b) Debit for incomplete works, if any
Project - Construction of JanSuvidha Kendra at Karamba
Location - Karamba
Valuation of the project excluding land cost and premium towards land, made at the time of issuance of
completion certificate of construction part of the building and start of concession period
Debit for cost of wear and tear required to get structure of Jan Suvidha Kendra to
good working conditions
Page 13 of 15
Location - Karamba
Calculation of Termination Payment
Please refer article 15 of concession agreement
Termination payment at the time of Termination due to default of Concessionaire
Terminatio Payment shall be
507849
ii) 50% depreciated value of the building 9129205.479
Sub Total 9637054.73
As reduced by
0
b) Debit for incomplete works, if any 0
Termination Payment due 9637054.73
Detailed Working
i) 50% premium paid towards land rent, apportioned to remaining operation period,
Premium paid Rs. 4500000
Original Operation Period Years 15.00
Operation period utilised Years 11.96
Balance period Years 3.04
NPV of Rent for balance oeration period 1015699
50% of NPV of Rent for balance oeration period 50% 507849
iii) 100% depreciated value of the building
Valuation of the project done at the time of COD by Engineer in chargeRs. 24000000
Estimated useful life of the building Years 50.00
Operation period utilised Years 11.96
Balance Useful Life of Project Years 38.04
Depreciation on utilised period
Rate of depreciation of Staight Line Method % p.a. 2.00%
Amount of Depreciation for utilised period 5741589
Depreciated Value of the Building 18258411
50% of Depreciated Value of the building 50% 9129205.479
i) 50% premium paid towards land rent, apportioned to remaining operation period,
Project - Construction of JanSuvidha Kendra at Karamba
a) Debit for cost of wear and tear required to get structure of Jan Suvidha Kendra to
good working conditions
Page 14 of 15
Working for calculation of Premium Working for calculation of Premium
At the time of Bid At the time of Termination
Year Rent ROI % NPV Year Rent ROI % NPV
From To From To
1 01/06/2017 31/05/2018 380016 0% 12% 339300 1 15/05/2029 14/05/2030 1.00 380016 0% 12% 339300
2 01/06/2018 31/05/2019 418017 10% 12% 333241 2 15/05/2030 14/05/2031 1.00 418017 10% 12% 333241
3 01/06/2019 31/05/2020 459819 10% 12% 327290 3 15/05/2031 14/05/2032 1.00 459819 10% 12% 328187
4 01/06/2020 31/05/2021 505801 10% 12% 321446 4 15/05/2032 31/05/2032 0.05 505801 10% 12% 14971
5 01/06/2021 31/05/2022 556381 10% 12% 315705 5 01/06/2032 31/05/2032 - 556381 10% 12% 0
6 01/06/2022 31/05/2023 612019 10% 12% 310068 6 01/06/2032 31/05/2032 - 612019 10% 12% 0
7 01/06/2023 31/05/2024 673221 10% 12% 304531 7 01/06/2032 31/05/2032 - 673221 10% 12% 0
8 01/06/2024 31/05/2025 740543 10% 12% 299093 8 01/06/2032 31/05/2032 - 740543 10% 12% 0
9 01/06/2025 31/05/2026 814597 10% 12% 293752 9 01/06/2032 31/05/2032 - 814597 10% 12% 0
10 01/06/2026 31/05/2027 896057 10% 12% 288506 10 01/06/2032 31/05/2032 - 896057 10% 12% 0
11 01/06/2027 31/05/2028 985663 10% 12% 283354 11 01/06/2032 31/05/2032 - 985663 10% 12% 0
12 01/06/2028 31/05/2029 1084229 10% 12% 278295 12 01/06/2032 31/05/2032 - 1084229 10% 12% 0
13 01/06/2029 31/05/2030 1192652 10% 12% 273325 13 01/06/2032 31/05/2032 - 1192652 10% 12% 0
14 01/06/2030 31/05/2031 1311917 10% 12% 268444 14 01/06/2032 31/05/2032 - 1311917 10% 12% 0
15 01/06/2031 31/05/2032 1443109 10% 12% 263651 15 01/06/2032 31/05/2032 - 1443109 10% 12% 0
Present Value of Land Premium 4500000 Present Value of Land Premium 1015699
Project - Construction of JanSuvidha Kendra at Karamba Project - Construction of JanSuvidha Kendra at Karamba
Location - Karamba Location - Karamba
Increase for
the year
Period in
Years
Period Increase for
the year
Period
Page 15 of 15
D:\East Tender\2016-2017\Final Tender\E Tender Notice No. 03 for 2016-2017\Word File\E-tender Notice No.03 2016-17.doc
ANNEXURE I
LOCATION OF PROJECT
Sr. No.
District Name of road Location
Available area of
Land ( Sq. M)
P.W. Circle Pune.
1. Pune SH 117 to Nira – Morgaon – Supa –
Jiregaon – Malad road ( till NH 9) MDR 67
Gat No. 510 A
Kalkhairewadi
18587.36
2. Pune – Solapur NH 65 Rawangaon Rest House 8529.50
3. Pune – Ahmednagar Road, MSH - 5 Kondhapur Rest House 7142.00
4. Pune – Nashik Road, NH 50 Gat No. 2493, Chakan 18463.90
5. Pune – Mumbai road, NH 4 Karla Rest House 22287.95
6. MDR 1 to Nimgiri – taleraan – madh road MDR 10
Govt. Rest House, Madh, Tal. Junnar, Dist. Pune
6732.52
P.W. Circle Satara
7. Satara Pargaon – Yawat – Saswad – Kapurhol –
Bhor –Wai – Suroor Road, SH 119
Bhandargruh,
Kochalewadi, Tal. Wai
403.18
8. Guhagar – Chiplun – Karad- Jat – Vijapur – To State Border, SH 136
Bhandargruh ghatmatha, Tal. Patan
1921.80
9. Phaltan – Budh – Pusegaon – Aundh –
Gopuj – Nimsod – Mhasurne Road, SH 147
Bhandargruh, Pusegaon,
Tal; Khataw
1406.44
10. Belhe – Loni – Pabal – Shikrapur –
Ashtapur – Uruli Kanchan - Jejuri – Lonand - Wathar – Satara Road, SH 117
Bhandargruh, Wathar
Station, Tal. Koregaon
40000.00
11. Bhor – Kanharwadi - Atit – Loham – Khandala – Lonand Road, MDR 03
Khandala Rest House 11901.46
P.W. Circle Kolhapur
12. Kolhapur Amboli – Ajara – Gadhinglaj –
Sankeshwar – Road, SH 188
Ajara Rest House 1786.68
13. Vijaydurg – Talera – Gaganbawada –
Kolhapur Road
Gaganbawda Chowk 104.00
14. Vengurla – Belgaon – Bellari Road , SH 180
Tandulwadi Rest House, Tal. Chandgad
3800.00
P.W.Circle Solapur
15. Solapur Mahad – Pandharpur Road, MDR 15 Pisewadi 4275.00
16. Solapur – Barshi Road, SH 204 Karamba, Tal. North
Solapur
19800.00
17. Barshi – Solapur – Akkalkot – Dudhani
Road, SH 204
Bhandargruh, Vairag 1602.00
18. Mahad – Pandharpur Road, MDR 15 Bhandishegaon, Tal. Pandharpur
37000.00
D:\East Tender\2016-2017\Final Tender\E Tender Notice No. 03 for 2016-2017\Word File\E-tender Notice No.03 2016-17.doc
ANNEXURE II
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ANNEXURE – III Specifications
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