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MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY

Bid Document FOR Construction of Foot over Bridges across Western Express Highway Eastern Express Highway Jogeshwari-Vikhroli Link Road and other Roads On Design, Build, Operate & Transfer (DBOT) Under Mumbai Urban Infrastructure Project (MUIP)
COPY ISSUED TO: M/s. ___________________________________ ___________________________________

_____ Bandra-Kurla Complex, Bandra (East), Mumbai-400051

____

TRANSPORT AND COMMUNICATIONS DIVISION MMRDA

NAME OF WORK:

Construction of Foot Over Bridges along Western Express Highway (WEH), Eastern Express Highway (EEH) , JogeshwariVikhroli Link Road (JVLR) and other Roads on Design, Build, Operate & Transfer (DBOT) under MUIP in three Packages.

CONTENTS Page No. Sr.no. Description

I II III IV V VI

Bid Notice & Detailed Bid Notification Instruction to Bidders Foot over Bridges Locations & Design Requirement Obligations & Rights of Concessionaire Conditions of Contract Schedules - Locations Schedule B - Permitted Facilities Schedule C - Specifications & Standards Schedule D - Minimum Maintenance Requirements Schedule E - Project Completion Schedule Appendix-1 - General & Financial Information Appendix-2 - Structure & Operations Appendix-3 - General Experience Record Appendix-4 - Price Schedule & Operation & Maintenance Price Schedule Appendix-5 - Contract Agreement form Appendix-6 - Format of Financial Offer Appendix-7 - Typical Road Cross Section

3 10 17 20 23 45 48 49 52 54 55 56 57 58 60 62 64

MMRDA

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CHAPTER I – BID NOTIFICATION MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY INVITATION OF BIDS FOR CONSTRUCTION OF FOOT OVER BRIDGES IN MUMBAI CITY ON BOT Sealed offers in prescribed form (Two envelope system) for the following works are invited on Design, Build, Operate and Transfer (D-BOT) by the Chief, Transport & Communications Division from eligible agencies engaged in construction activities for last five years (2000-01 to 2005-06).
No of locations EMD in Rs. lacs Cost of Bid document Turnover in last 2 FY in Rs. Cr. Net worth in Rs. Cr. Period of Completi on

Name of Work

Construction of Foot Over Bridges (FOB‟s) at various locations along the following corridors on Design, Build, Operate and Transfer (D-BOT) Basis under Mumbai Urban Infrastructure Project against the advertisement rights etc. Package-1: Western Express Highway Package-2: Eastern Express Highway Package-3: JVLR, & and important corridors Eligibility Criteria.– other 12 6 8 30.0 15.0 15.0 Rs.10,000/Rs.10,000/Rs.10,000/30.0 15.0 15.0 10.0 5.0 5.0 8 months 8 months 8 months

a) The agency intending to apply for concession should be eligible and competent to enter into contract under the Indian Contract Act, 1872. b) The agency should have prior experience of construction, maintaining & operating at least one Foot over Bridge for a period not less than 2 years in India. c) The agency should also produce solvency certificate to the tune of 100% of the cost of works in each package i.e Rs.25.0 Cr, Rs. 15 Cr and Rs. 15.0 Cr for the Package-1, Package-2 and Package-3 respectively.
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d) One Agency can bid for all the Packages separately and together. Selection Criteria:  The technical bids comprising the designs, architectural drawings, specifications, will be evaluated first    Innovative designs meeting specifications, construction technology and time for construction, will be given due weightage in Technical evaluation The financial proposal of the technically qualified bidders will only be opened for further evaluation and selection. The technically qualified bidder quoting the lowest concession period will be selected as preferred bidder.

 Notes:  Bids will not be issued by Post    Conditional Bids will not be accepted The Cost of Bid document & Earnest money deposit shall be paid only in the form of Demand draft in favor of MMRD Fund payable at Mumbai. The blank Bid forms will be issued from November 16, 2006 to December 7, 2006 on working days at the office of Chief ,Transport & Communications Division on production of attested copies (along with originals for verification) of Certificate of incorporation/registration, IT-PAN, Sales tax registration certificate. The offer shall remain valid for 120 days from the date of opening the Bid. Pre Bid meeting will be held in the office of Chief, T & C Divn on 24/11/2006 at 3.00 p.m. Bidders may give their queries in writing in advance. Bids will be received on 12/12/2006 upto 15.00 hrs and the same will be opened on 12/12/2006 at 15.30 hrs (If Possible ) Right to reject any or all offers without assigning any reason thereof is reserved.

   

Date: 09/112006 NO. T/MUIP/PUF/O6

Place: Mumbai

(P.R.K. Murthy) Chief, Transport & Communications Division. MMRDA

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MMRDA

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MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY MMRDA Building, Bandra-Kurla Complex, Bandra (E), Mumbai – 400 051. Website : www.mmrdamumbai.org

Detailed Bid Notice
INVITATION OF BIDS FOR CONSTRUCTION OF FOOT OVER BRIDGES IN MUMBAI CITY ON BOT Sealed offers in prescribed form (Two envelope system) for the following works are invited on Design, Build, Operate and Transfer (D-BOT) by the Chief, Transport & Communications Division from eligible agencies engaged in construction activities for last five years (2000-01 to 2005-06). Name of Work No of EMD in Cost of Bid Turnover in Net worth last 2 FY in Rs. Cr. document locations Rs. lacs In Rs. Cr./yr.
Period of

Completion

Construction of Foot Over Bridges (FOB‟s) at various locations along the following corridors on Design, Build, Operate and Transfer (D-BOT) Basis under Mumbai Urban Infrastructure Project against the advertisement rights etc. Package-1: Western Express 12 Highway Package-2: Eastern Express 6 Highway Package-3: JVLR, & and other 8 important corridors 1. Background

30.0 15.0 15.0

Rs.10,000/Rs.10,000/Rs.10,000/-

30.0 15.0 15.0

10.0 5.0 5.0

8 months 8 months 8 months

MMRDA is designated as the nodal agency for implementation of Mumbai Urban Infrastructure Project (MUIP) with the main objective of road network improvement and efficient traffic dispersal system in Brihan Mumbai Area. MMRDA has already commenced work in 18 road corridors of Mumbai. Further Government and MMRDA are planning to develop BRT / dedicated bus lanes on main arterial roads along with passenger interchange facilities. The Mumbai Metropolitan Region Development Authority (MMRDA) in-order to have signal free Corridor and to provide safe and effective pedestrian crossing facilities complementing BRT System / Dedicated bus lanes invites offers for the construction of Foot Over Bridges at all essential and necessary locations falling under the ambit of the MMRDA divided in three corridor specific packages across the following roads

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1. Western Express Highway 2. Eastern Express Highway and 3. Jogeshwari Vikroli Link Road and other roads . The offers of construction of Foot over Bridges at important and essential locations are invited on Design, Build, Operate and Transfer (D-BOT) Basis from eligible agencies by the Chief, Transport & Communications Div. 8th floor, Plot Nos.C-14 & 15, Bandra Kurla Complex, Bandra (East), Mumbai-400 051. (Tel.No.26590001-08). 2. Features  Preparation of Total Designs for Foot Over Bridges at the locations & in conjunction with the existing site conditions, environment, community demand .The FOB designs shall meet the functional and material specifications prescribed by MMRDA.    Construction of Foot Over Bridges with all essential facility at locations and designs approved by MMRDA in respective corridors. Provide facility to develop Bus Rapid Ttransit on these corridors. The revenue generation from the Foot Over Bridges shall primarily be from Advertisements displayed on the FOB structure. 3. Scope of Work  Preparation of all of location specific Designs & Engineering Drawings of all Foot Over Bridges suitable to the site conditions, existing environment community demand, proposed structures on the road and basic specifications prescribed by MMRDA .         Construction of Foot Over Bridges at approved locations and as per the designs in with in Eight months. Operation & Maintenance of Foot Over Bridges during concession period as per the standards stipulated in the contract. The essential services for users to be provided by the successful

bidder/concessionaire Transfer the Foot over bridges after concession period.

4. Sources of revenue Sources of revenues during concession period shall be essentially through Display charges from Advertisements Revenue from the additional facilities like PCO etc.

5. Eligibility Criteria. The agency intending to apply for concession should be eligible and competent to enter into contract under the Indian Contract Act, 1872.

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 

The agency should have prior experience of construction, maintaining & operating at least one Foot Over Bridge for a period not less than 2 years in India. The agency should also produce solvency certificate to the tune of 100% of the cost of works in each package i.e Rs.25.0 Cr, Rs. 15 Cr and Rs. 15.0 Cr for the Package-1, Package-2 and Package-3 respectively.

 6.

One Agency can bid for all the Packages separately and together.

Bid Process

The bidding for the project shall be completed in single stage following three tire system. 1. Pre-qualification of bidders on the above criteria. 2. Evaluation of technical and bids containing the details of conceptual designs, construction, operation and maintenance of the Foot Over Bridges. 3. Evaluation of Financial Bids. 7. Selection Criteria  Finalize the list of Eligible bidders as per the criteria.     Evaluate the technical bids of Eligible bidders comprising the designs, architectural drawings, specifications etc. Innovative designs meeting specifications, construction technology and time for construction, will be given due weightage in Technical evaluation. The financial proposal of the technically qualified bidders will only be opened for further evaluation and selection. The technically qualified bidder quoting the lowest concession period will be selected as preferred bidder. 8. Notes  Bids will not be issued by Post    Conditional Bids will not be accepted The Cost of Bid document and Earnest Money Deposit ( EMD ) shall be paid only in the form of Demand Draft (D.D ) in favor of “MMRD Fund” payable at Mumbai. The blank Bid forms will be issued from November 16, 2006 to December 7, 2006 on working days at the office of Chief TRANSPORT & COMMUNICATION Divn. on production of attested copies (along with originals for verification) of Certificate of incorporation/registration, IT-PAN/ VAT/ TIN / Sales tax registration certificate.   The offer shall remain valid for 120 days from the date of opening the Bid. Joint Ventures are not permissible

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9.

Pre Bid Meeting  Pre Bid meeting will be held in the office of Chief, TRANSPORT & COMMUNICATION Divn on 24/11/2006 at 3.00 p.m. Bidders may give their queries in writing in advance.

10.  

Submission of Bids Bids will be received on 12/12/2006 upto 15.00 hrs and the same will be opened on 12/12/2006 at 15.30 hrs (If Possible ) Right to reject any or all offers without assigning any reason thereof is reserved. Sd/(P.R.K.Murthy) Chief T &C Division, MMRDA, Bandra-Kurla Complex, Mumbai - 400 051 Telephone No.: 659 0001 (8 Lines) Fax – (91) (022) 659 41 82 Website: www.mmrdamumbai.org

Date : 09/112006 Place : Mumbai

No. - T/MUIP/PUF/O6

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CHAPTER II – Instructions to Bidders
1. General
1.1. One Bid per Bidder Each bidder shall submit only one bid for one package. Single bidder can individually quote for all the three packages/ separately . If the Bidder quotes jointly for a all the three packages together then he must qualify for each individual package separately and together for the combined prequalification criteria of all three packages Such bidders have to submit only financial offer can be combined in a single bid form for three packages together in separate envelop in any of the packages . Bidders not quoting for all packages individually will not be considered for three packages together. 1.2. Conditional Offers No alterations shall be made by the bidder in the contract, and if so made, his bid will be disqualified. The conditional Bids shall be rejected. 1.3. Pre-bid meeting Pre Bid meeting will take place at the office of Chief, Transport & Communications Division, Mumbai Metropolitan Region Development Authority, Plot No. C-14 & 15, Bandra – Kurla Complex, Bandra (E), Mumbai – 400 051 India on 24/11/2006 at 3 pm . Only those bidders who have purchased the Bid document will be allowed to attend the Pre-Bid Meeting. The bidder or his official representative can attend the pre-bid meeting. The purpose of the meeting will be to clarify any matter that may be raised by the bidder at that stage regarding this bid. The bidder is requested to submit their questions in writing to reach the Employer not later than two days before the meeting. Minutes of the meeting, including the text of the questions raised (without identifying the source of enquiry) and the responses given will be transmitted without delay to all purchasers of the bidding documents. Any modification of the Bid documents, which may become necessary as a result of the pre-bid meeting, shall be made by the Employer exclusively through the issue of an

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Common Statement of Deviation ( CSD )and not through the minutes of the pre-bid meeting. Non-attendance at the pre-bid meeting will not be a cause for disqualification of a bidder. How ever any other information regarding the contract can be obtained from the office of Chief T & C at the above address on any working day during the office hours. 1.4. Date and place of submission: The Bid documents complete in all respects must reach the office of Chief, Transport & Communications Division, 8th Floor, M.M.R.D.A., Building, Bandra Kurla Complex, Bandra (East), Mumbai – 400 051 upto 15:00 hours on 12/12/2006. 1.5. Earnest Money: i) Every Bid must be accompanied by Earnest Money Deposit of Rs. 30 Lacs for Package -1 , Rs. 15 Lacs for Package -2 & Rs. 15 Lacs for Package -3. The EMD shall paid by pay order/ Bankers cheque/ demand draft drawn in favor of the “MMRD FUND” and payable at a Schedule Bank in Mumbai. ii) The EMD shall be the part of Technical offer .The bidder should mention the receipt number/DD number and the date in the column provided for this purpose in the „Financial Offer‟. iii) No Bid will be considered unless the Earnest Money is paid along with the offer. iv) v) No interest shall be payable on this Earnest Money Deposit. The Earnest Money Deposited by the unsuccessful Bidders will be refunded only after the expiry of the validity period of the Bid i.e. 180 days after opening of financial offer or after selection of the preferred bidder. vi) The Earnest Money deposit of the successful bidders can be adjusted against the Security Deposit to be paid within 15 days from the date of work order. vii) The Earnest Money will be forfeited:

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a)

If the Bid is withdrawn after the closing and before the expiry of the last date of the period of validity. If the successful bidder fails to deposit the Security Deposit as per the „Conditions of Contract‟.

b)

If it should at any time be discovered that the bidder has submitted more than one Bid under different names, all his Bids will be rejected or agreement cancelled and Earnest Money and/or Security Deposit forfeited.

c)

Any attempt made to influence anyone for the award of contract will disqualify the bidder.

1.6 Declaration 1. All bidders shall provide, Qualification Information, a statement that the Bidder is not associated, nor has been associated in the past, directly or indirectly, with the Consultant or any other entity that has prepared the design, specifications, and other documents for the Project or being proposed as Project Manager for the Contract. A firm that has been engaged by the Employer to provide consulting services for the preparation or supervision of the works, and any of its affiliates shall not be eligible to bid. 2. The Bidder shall read and understand the terms and conditions before submitting the Bid. All the work is to be carried out in accordance with the „Conditions of Contract‟. 2.0. Bid Submission The Bidder shall submit the offers in two parts i.e. Technical Proposal & Financial Proposals. 2.1 The Technical bid shall contain      Earnest Money Deposit Documents Substantiating the eligibility conditions The entire scheme of Foot Over Bridges including the designs Facilities or amenities proposed Location Plans based on actual surveys and demand projects etc.

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2.2

The Bidder shall submit the following along with the Proposal in sufficient

details to enable evaluation of their grasp of the work and ability to execute it within the Time of Completion. (i) Organizational Structure during Construction and Operation The Bidder shall submit their proposed organizational structure during Construction, operation and maintenance stages commensurate with targeted Project Completion Schedule, which will form the basis of Employment Schedule. The Bidder shall also enclose CV‟s of the key persons including tasks assigned to them. (ii) Construction Schedule This shall consist of a detailed program of construction with supporting calculations, deployment of man and machine showing bar chart showing in sufficient details, completion of various section of Work and the date and order in which the Bidder Proposed to carry out different parts of the Works. This construction schedule shall form the basis for preparation of detailed CPM schedule to be furnished after the award of the Concession. The entire works have to be completed within 6 months from the Commencement Date; including testing of the same. (iii) Operation schedule The operational schedule will consist of the procedures and practices to be followed in keeping the facility working and the processes followed for operations. Daily operational schedules for the FOBs including housekeeping, security/watch ward, agreement monitoring will form part of this schedule. (iv) Maintenance Schedule Maintenance schedules would contain time schedules and scope of maintenance work to be taken up, under the routine maintenance and regular maintenance. (v) Employment Schedule This shall consist of a chart showing deployment of monthly manpower (including skilled and unskilled labour of various categories) commensurate with the Construction Schedule and the Operation and Maintenance schedule.
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2.3.

Design Concept In conformity to the fixed parameters, technical specification and performance standards the Concessionaire can propose need based minor changes to provide facilities to users in the indicative concept plan provided. No. of FOBs with solar cell / Hybrid power shall also be indicated in the Proposal. in case the bidder proposes a change in the concept plan, the bidder should submit details such as design and drawings, improvements, reasons for suggested modification etc. to facilitate evaluation of proposed design as per various provisions and requirements given in the Bid document. The bidder shall be required to make a detailed presentation in this regard preferably with designs with respect to General arrangement, Internal circulation plan, elevation, perspectives, walkthroughs, models etc.

2.4.

Commitment for Project Finance The concessionaire shall submit a letter of willingness from any Nationalized or Scheduled bank for its commitment to provide necessary project funding to the bidder is selected as preferred bidder to provide the requisite project finance upto 50 % of the project cost to the bidder for the said project .If the bidder wants to invest all by themselves then they must produce documents certified by Chartered Accountant/ Company Secretary reflecting their Liquid Assets of an amount not less than the cost of project. The liquid assets can be computed by deducting Current Liabilities from Current Assets. Current Assets are Cash and Bank Balances, Sundry Debtors, inventories, marketable securities, and Unutilized Fund based facilities.

2.5 Financial Proposal The bidder shall submit the financial Proposal giving the following details (i) Cost estimates of a FOBs

The bidder shall prepare a cost (itemwise) and cash flow estimates for executing the work, along with a break-up of the O & M expenses for the Concession Period (ii) Revenue Generation and Financial Analysis

The Bidder shall indicate the estimated Revenue Generation during the concession period. Provide details of cashflows and detailed financial analysis (iii) Concession Period

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The bidder shall quote the concession period based on the cost estimates and the revenue projections. It is expected that the post tax return on investment between 12%- 15 % of project cost will be considered as reasonable. Bidders shall carryout due diligence, shall provide justification while submitting the above. MMRDA reserve the right to seek additional

clarification / information and to carryout negotiations with preferred bidder 3. Bid Evaluation: Technical Offer of the Eligible Bidder shall be evaluated on the basis of technical proposal (containing the complete scheme proposal, designs of Foot Over Bridges etc.) first .In addition to this , other factors such as Bidders‟ capability to perform the contract, compliance with Bid terms and conditions, past experience, availability of required expertise, etc. shall also be taken into account in selecting the preferred bidder . 3.1 S.No. 1 2 3 4 5 Technical Evaluation Criteria shall be as below; Evaluation Parameter Design and Structural Innovations Circulation Plan Improved Pedestrian Facilities Aesthetics Construction Material & Technology TOTAL Marks 30 10 20 20 20 100

3.2 80% shall be the cutoff for technical qualification. Technical offer of the bidders scoring 80 or above shall be treated as qualified. Financial Offers of technically qualified bidders only will be opened and evaluated further. 3.3 Financial Assessment Criteria Bidders shall quote concession period in the Financial Proposal. The concession period shall be based on Project Cost estimates, Business Plan and Revenue Projections. 4 Negotiations & Award

The preferred Bidder shall be called for negotiations and the concession period shall be accepted based on reasonability of Cost Estimates and Revenue Projections .

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5. Bidder’s Office and Other details: i) The Bidders shall setup their office in Mumbai and shall be required to operate the contract from Mumbai. ii) The Bidder should mention the name and address of the proprietor of the company. In case of partnership firm name and address of the respective partners and in case of limited Company name and address of the Managing Director with supporting documents such as Memorandum and Articles of Association under the Companies Act and / or latest Annual Report of the Company shall be provided. 6. Signature of Bidder: The „Form of Bid‟ and „Form of Offer‟ must be dated and signed by the authorized representative (Please enclose the power of Authority / Board resolution for authorization) of the Bidder. Any without signatures shall be rejected. The signature of the Bidder on the form of Bid shall be construed as an acknowledgement on his part that he has acquired all the information of which he may stand in need in order to quote its Concession Period. All pages and all corrections made in the Bid must be initialed by the Bidders. The signature of the Successful Bidder on the „Form of Bid‟ shall also be construed as if the Bidder has entered into a binding agreement with the Undertaking on the terms and conditions stated in the form of Bid till he signs the contract/agreement documents and he will abide by all the conditions of contract. 7. Commencement and period of contract: Date of commencement of contract for the given package shall be the day of signing of contract. However any delay in handing over the sites of individual FOB shall be considered in concession period that is the date for handing over of FOBs from Concessionaire to MMRDA.. The period of construction shall be included in concession period 8. Acceptance of Bid: The acceptance of Bid will rest with the MMRDA, which does not bind itself to accept the highest or any Bid and reserves to itself the authority to accept, vary, modify, negotiate and/or to reject at any time any or all the Bids received at it‟s sole discretion without giving any reasons thereof.
9. Validity:

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The offers submitted shall remain valid for acceptance for a period of 180 days from the date of opening of the financial bid. 10. Addenda/Corrigenda/CSD to the Bid document if issued by MMRDA shall be part of a Bid document and it shall be signed, initialed and submitted by the Bidder along with Bid document. 11 Addressing Bids: Bids must be submitted in original copy supplied by MMRDA in a sealed envelope duly super scribed with the words “Bid NO.______ For “Construction of Foot Over Bridges in Package -1 / Package -2, Package – 3, on Design, Build, Operate & Transfer (DBOT) under MUIP.” and addressed to the Chief, Transport & Communications Divn., Mumbai Metropolitan Region Development Authority (MMRDA), Bandra - Kurla Complex, Bandra (East), Mumbai - 400 051. 12. Last date of Submission: Bids should reach the Office of the Chief, Transport & Communications Divn, latest by 3.00 p.m. on 12/12/2006. Bids shall be deposited in the sealed Bid Box in office of the Chief, Transport & Communications Divn., at the address mentioned in clause No. 19 above latest by the same time and on the same date as specified above. 13. Opening of Bids: Technical Bids will be opened at 3.30 p.m. (if possible) on the same date as mentioned in Clause No.19 at the office of the Chief, Transport & Communications
Divn, MMRDA, Bandra-Kurla Complex, Bandra (East), Mumbai in the presence

of such Bidders who may desire to be present.
Bids received after the aforesaid hours and date shall not be considered.

A Bid not in compliance with the aforesaid conditions is liable to be rejected. The Authority reserves the right to reject any or all the Bids without assigning any reason.
Sd/Chief, T & C Division

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Chapter III – Foot Over Bridges Locations and Specifications
Details of the Foot Over Bridges 1. Location of Foot Over Bridges The Foot Over Bridges are to be constructed across the road corridors of Western Express Highway ,Eastern Express Highway and Jogeshwari Vikhroli Link Road and other roads as (package – 3) at the suitable locations. The tentative list of Locations are enclosed as Annexure .The bidders shall carry out the necessary field surveys & identify the potential locations along these corridors. These locations has to be finalized with the main consideration of providing facility of Pedestrians and not to increase Opportunity to See ( OTS) of advertisements to maximize the advertising revenue potential . While submitting the proposals the bidders should submit the baseline data which was generated for identification of locations for the proposed Foot Over Bridges. MMRDA reserves the rights to alter the numbers and the locations mentioned in the bid/ proposed by the bidder during the course of contract considering the site conditions, utility etc. 2. Design of Foot Over Bridges The bidders are required to come up with their own Architectural & Engineering designs of the structures proposed. The designs shall comply all the relevant codes of BIS and the guidelines for Pedestrian facilities in Urban areas. with The bidders shall identify architect , designers and Bridge engineer and submit their consent to work as project consultant on behalf of concessionaire and not for MMRDA in technical envelop. MMRDA shall appoint consultant of their choice for proof checking of the designs and for construction supervision and all other works who shall at as Owner‟s consultant. The bidder shall bear the cost Owner‟s consultant at the rates decided by MMRDA . The provisional cost of Owner‟s engineer may be considered about @ 4% of the project cost should be accounted in the bidders cost estimates. 3. Prequalification Warranty

The bidder shall provide 25 years prequalification warranty/guarantee for the structure that shall be erected by them. While designing the bidder shall follow the necessary prevalent BIS codes & IRC guidelines. 4. Functional Requirements of Foot Over Bridges The primary objective of construction of FOBs is to provide pedestrian crossing facility at the busy intersections of the road and at mid blocks for safe and convenient

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crossing. The FOB should serve as feeder/ dispersal for BRT from either side of the road corridors. The structures should cater to basic features for pedestrian movement. The structure should also provide mechanized / automatic movement features for vertical movement of people by way of Escalators or Lifts so as to increase the potential usage of the structures. The structures shall also be protected from the environment like sun light / rains etc. They shall also meet the provisions of accessibility for disabled persons. Preference will be given to such designs incorporating the above features in innovative manner using steel / pre engineered /composite structures adding aesthetics to the scheme. The Concessionaire shall construct structurally sound and aesthetically appealing facilities as per plans approved by the MMRDA. However, in areas where deviations are necessitated due to space or location constraints, MMRDA shall consider permitting such variations with prior approval in Consultation with MMRDA. The requisite services as may be essential from the users‟ points of view would be provided by the Concessionaire.

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Chapter IV – Obligations and Rights of Concessionaire
1. Obligations a) The Preferred bidder / concessionaire (successful applicant) shall pay a Security Deposit of Rs.10,00,000/- (Ten Lacs only) per location of FOB structure by way of demand draft (any scheduled bank) drawn in favor of MMRD Fund payable at Mumbai which will be returned, without interest after deduction of necessary expenditure incurred by MMRDA of behalf of concessionaire upon successful handing over the constructed structures to MMRDA, at the end of concession period. The expenditure could include consultancy fee for Owner‟s Consultant, Taxes/ fees and charges payable to government and local authorities which is mandatory for the concessionaire. No Bank Guarantee towards the Security Deposit will be accepted. b) The concessionaire shall construct the structures within Eight months of signing of agreement with MMRDA as per the detailed design accepted by MMRDA. c) The concessionaire shall be responsible for the upkeep, maintenance and provide adequate illumination of the structures during the concession period d) The concessionaire shall obtain on his own all the necessary approvals from the relevant authorities like Traffic Police, MCGM, Fire Department, PWD etc, required for construction of the structures. He shall also obtain the necessary electric connection & water connection at his own cost. e) The concessionaire shall pay all the necessary electricity bills, taxes etc during the entire concession period. f) The concessionaire shall provide traffic diversion, reinstate the works affected by his construction activities. g) The concessionaire shall hand over the constructed structures to MMRDA free of cost at the end of the concession period in a state satisfactory to MMRDA without any cost or charge. After thirty days of handing over of the structure in satisfactory condition .Security deposit of the concessionaire shall be returned after deduction of expenses incurred on his behalf by MMRDA as mentioned above. h) The concessionaire shall provide security and protection and ensure that there are no unauthorized encroachment and illegal uses.

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i) The concessionaire shall take out form time to time Contractors All Risk Policy of all the FOBs for entire concession period from a reputed/ established insurance company. j) The concessionaire shall not charge from the pedestrians any fees for using the structure for using lift or escalator etc used primarily to cross the road. k) Procure, as required, the appropriate proprietary rights, licences, agreements and permissions for materials, methods, processes and systems used or incorporated into the Project: l) Make reasonable efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of the Concessionaire‟s obligations under this Agreement: m) Provide security for property and personnel: n) Take all reasonable precautions for the prevention of accidents on the FOBs o) Indemnify MMRDA against all actions, suits, claims, demands and proceedings and any loss or damage or cost or expense that may be suffered by them on account of anything done or omitted to be done by the Concessionaire in connection with the performance of its obligations under this Agreement during and on cessation of Concession agreement, so entered: p) Make its own arrangements for project construction, and observe and fulfill the environmental and other requirements under the Applicable Laws ands Applicable Permits at Concessionaire‟s own cost and expense: q) Obtain an approval of the traffic diversion plan proposed during the Construction period from the traffic police 2. Concession Period & Rights a) The bidder must specify in their bid the concession period in number of days is required by them along with proper justification such as Financial / CostBenefit Analysis and cash /Fund flow statements of the entire scheme for approval of MMRDA. b) If required the concessionaire may suggest any other alternate revenue source within the limits of structures such as vending machines: etc to recover their construction, maintenance & operational costs . c) The concessionaire will retain the rights of advertisement during the period of concession only after obtaining necessary permissions from relevant authority and completion certificate from MMRDA..
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d) During the concession period the agency shall be liable to pay all fees such as Municipal fees, Advertisement fees, Assessment etc. to the relevant authorities and shall not be liable to pay ground rent e) If any additional Permissions need to be obtained from any authorities such as the MCGM/PWD/Fire Department/Traffic Police etc: then MMRDA shall provide all possible assistance to the concessionaire in obtaining the same in form of issuing required letters and documents however follow up and the cost in form of any fees or other expenses shall be born by the concessionaire. Any major unpredicted allowable expenses in this regard shall be compensated by MMRDA in form of proportionate extension of concession period. f) In the event of any unforeseen circumstances beyond the control of the agency, wherein the agency cannot construct a Foot Over Bridge at a particular location identified by them and accepted by MMRDA., the concessionaire will be allowed to choose another alternate suitable location with prior approval of Chief TRANSPORT & COMMUNICATION, MMRDA. g) At the end the concession period the bidder will have the first right of refusal to continue operating & maintaining the FOB for a further period on the terms and conditions fixed by MMRDA/Government at the time of continuation shall be decided in most transparent manner and the revenue offered to the MMRDA or any other authority shall match the market value prevalent at that time.

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CHAPTER V CONDITIONS OF CONTRACT
1) Scope of Contract : a) This contract is for the Construction of Foot Over Bridges (FOB‟s) at various locations along the road corridors on Design, Build, Operate and Transfer (D-BOT) Basis under Mumbai Urban Infrastructure Project against the display of advertisement rights herewith, the display Concession period as negotiated with the preferred bidder subject to the conditions of fulfilling display Concession period as offered by the Bidder as per the „Financial Offer‟ and according to the „Conditions of Contract‟. b)  Features Preparation of Total Designs for Foot Over Bridges at the locations & in conjunction with the existing site conditions, environment, community demand .     The FOB designs shall meet the functional and material specifications prescribed by MMRDA. Construction of Foot Over Bridges with all essential facility at locations and designs approved by MMRDA in respective corridors. Provide facility to develop Bus Rapid Transit on these corridors. The revenue generation from the Foot Over Bridges shall primarily be from Advertisements displayed on the FOB structure c) Scope of Work  Preparation of all of location specific Designs & Engineering Drawings of all Foot Over Bridges suitable to the site conditions, existing environment community demand, proposed structures on the road and basic specifications prescribed by MMRDA .     Construction of Foot Over Bridges at approved locations and as per the designs in with in Eight months. Operation & Maintenance of Foot Over Bridges during concession period as per the standards stipulated in the contract. The essential services for users to be provided by the successful bidder/concessionaire Transfer the Foot over bridges after concession period.

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d) Sources of revenue Sources of revenues during concession period shall be essentially through   Display charges from Advertisements User charges of additional facilities like PCO etc.

e) Commencement and period of contract:  Date of commencement of contract for the given package shall be the day of signing of contract. However any delay in handing over the sites of individual FOB or getting approval from concerned authority shall be considered in concession period that is the date for handing over of FOBs from Concessionaire to MMRDA.. The period of construction shall be included in concession period .  Concessionaire shall made available the FOB for the public use by the end of Eight months from the handing over of sites of FOB.Any delay in the completing the structure and opening for public use shall attract a penaulty of Rs 10,000/- per day for the duration of delay.  The Concessionaire shall not be allowed to display advertisement on FOB unless and until the Security Deposit virtual completion

certificate is obtained by the bidder and the necessary permissions / NOC from the MCGM and other concerned Statutory Authorities are obtained.. f) The Concessionaire shall obtain approvals from all the statutory authorities concerned necessary for display of advertisement on Foot Over Bridges and its illumination. The Concessionaire shall submit such approvals / NOC‟s to the Chief T&C Divn. All the cost for obtaining approval / NOC‟s from statutory authorities shall be borne by the Concessionaire. g) The successful Bidder is bound by the terms and conditions of this contract, to display advertisement on Foot Over Bridges in given lot mentioned in the Annexure. 2. Advertisement on Foot Over Bridges / removal / shifting thereof : a) The Concessionaire shall alone be responsible for the display of advertisement on Authority‟s Foot Over Bridges. The Concessionaire shall submit complete details of the framework proposed for advertisement for the perusal of

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MMRDA. The Concessionaire shall comply with the directions/instructions of the Chief T&C Divn., or his representative in respect of the said arrangement. The Concessionaire shall also comply with the directions/instructions of Owner‟s Consultants for the project if and when deputed to the site for supervision. b) All expenses connected with removal of advertisement and maintenance of Advertisements etc, if any shall be borne by the Concessionaire. The

Concessionaire should attend the complaints pertaining to the advertisement provided on Foot Over Bridges within 3 days from the receipt of such letter issued to them from time to time. c) If at any time during the continuance of the contract any authority duly empowered or authorized in that behalf shall lawfully require the Chief T&C Divn. or the officers referred to hereinabove for any reason including road widening, concreting etc to remove the advertisement Foot Over Bridge, the Concessionaire on prior intimation from the Authority shall remove the advertisement displayed at their own expense forthwith. If the Concessionaire shall make default in such removal after notice to that effect has been served upon them by the Chief T&C Divn., or the Officers referred to hereinabove within the time period stipulated in the notice, then the Chief T&C Divn., or the Officers referred to hereinabove shall be at liberty to effect such removal at the risk and cost of the Concessionaire without the Concessionaire becoming entitled to any compensation in respect thereof and in that case the Concessionaire shall be liable to pay the penalty to Rs. 5,000/- per FOB per day. The Concessionaire shall be entitled to take back the said material from the Authority within a period of 15 days from the date of intimation to the Concessionaire to that effect after which such materials would become the property of the Authority and the Concessionaire shall have no claim of whatsoever nature on them. 3. Maintenance & Erection of Advertisement : a) The Concessionaire shall bear all costs incurred for display of advertisement on Foot Over Bridges and shall carry out the work of fixing and removing the same in a careful manner without doing any damage to the Foot Over Bridges and the adjoining property. If any damage is caused to the same, it shall be made good by the Concessionaire at its own cost to the entire satisfaction of the Chief T&C
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Divn., or his representatives. The Concessionaire shall maintain the advertisement along with the frame work, if any, in good condition and likewise ensure that the display of advertisement thereon is in a proper and perfect condition. The Concessionaire shall immediately on receiving notice from the Chief T&C Divn. or the Officer authorised in that respect, make good at their own expense the default / fault in the Foot Over Bridges/ advertisement with the structure to the entire satisfaction of the Chief T&C Divn. or Officers referred to hereinabove within seven days from the date of receipt of such notice, failing which the Authority shall be at liberty to proceed with the work required to be carried out at the risk and cost of the Concessionaire without any further notice to them as stipulated in Clause No 13 appears herein after. b) While the advertisements are being fixed or removed or re-fixed by the Concessionaire, it shall take all necessary safety precautions and if any damage is caused to or is suffered by a person or property of the Authority or by any third party due to any cause whatsoever, the Concessionaire shall be solely responsible for compensation or damage to the Authority‟s property or the third party as the case may be and the Concessionaire shall indemnify and keep the Authority indemnified in respect of any claim made there under. c) The Chief T&C Divn. shall not be liable to pay any compensation in case the Concessionaire, their servants, agents or any other person meet with an accident or in case any injury is caused to or suffered by any one of them or by any third party or to any property whatsoever while the work under the contract is undertaken by the Concessionaire while the advertisement on Shelters along with frame work, if any, continues to be displayed on the Foot Over Bridges. The Concessionaire shall keep the Authority indemnified in that respect. d) The Concessionaire shall not carry out any addition or alteration to the Shelter unless, it is approved by the Chief T&C Divn.. 4. a) Illuminated Advertisement :The Concessionaire shall be permitted, subject to power cut and / or any other restrictions and / or other rules in force, which are beyond the control of the Authority to display illuminated advertisement on any Foot Over Bridges at their options at the Locations mentioned in the Annexure. However, due to non-availability of power supply for any reason, no claim of any sort would be

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entertained in this regard. No separate payment will be charged by MMRDA to the Concessionaire for illuminating the advertisement . b) The installation work including electrification should be done by the Concessionaire. The structure / design should have prior approval of the Chief T&C Divn. The electricity bills for such illumination should be paid by the Concessionaire directly to the concerned authorities. The electrical installation including earthing of all metallic parts, provision of ELCB etc. shall be in accordance with the provisions of the Indian Electricity Act, 1910 and Indian Electricity Rules and the approved plan. All external and internal wiring cables, fittings including service cables and provision of Meter Box, etc. required for illumination of Foot Over Bridges shall be procured and laid by the Concessionaire at its own cost using the ISI approved materials and as per Standard Specifications. The Concessionaire shall provide/ install the electric meter box at appropriate height, so that it should not obstruct the commuters/ pedestrians. No additions or alterations should be made without prior approval of the Authority. The illuminated advertisement to be constructed / put up should be completely waterproof, so that no water enters inside and damages electrical wires, etc. c) The Concessionaire shall protect the installation and shall arrange to maintain it in good and safe working condition by way of periodical checking (once in 3 months) and renew it as and when necessary with the approval of the Statutory Authorities concerned as the case may be. d) The maintenance of illuminated advertisement shall also be the responsibility of the Concessionaire. The Concessionaire shall carry out the work pertaining to the fixing, maintaining and removal of illuminated advertisements at its own cost. The Concessionaire shall be wholly responsible for compensation or damages in case of damage to any property, lives of the person of Authority or public due to display of the illuminated advertisements including electric shock and fire due to short-circuit, etc. In such cases, the amount of compensation assessed by the Authority shall be final and binding on the Concessionaire. On the expiry of contract period, the Concessionaire shall arrange to disconnect the electric supply including pot heading of electric cable and reinstatement work etc. wherever illuminated advertisement has been displayed.

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e)

The Concessionaire shall ensure that illumination is done in such a way that it does not cause any nuisance to the vehicle drivers on the road or to the residents in the vicinity. Any objection raised in this respect shall be rectified / removed by the Concessionaire immediately at its own cost. The use of Generators for illuminating advertisement would not be permitted under any circumstances. However, if at any time the Generator Sets are found installed for illuminating advertisement, the same would be removed at the risk and cost of the Concessionaire without any intimation to him as stipulated in Clause No.13 appears hereinafter. It will be the Concessionaire‟s sole responsibility to pay during Concession period license fees, taxes, electricity bills etc. levied by the Competent Authority directly to the Authority concerned.

f)

g)

It shall be the sole responsibility of the Concessionaire to obtain all necessary permissions from the Statutory Authorities required for illuminating the advertisement and obtaining power supply under intimation to the Chief T&C Divn.

h)

The glare factors should be so defused that it does not create any nuisance to the eyes of the road users / commuters.

i)

No Traffic light colors i.e. red, green and amber should be used for the illumination of the advertisement over Shelter.

j)

If at any time it is found / noticed that the Concessionaire has drawn electric supply unauthorisely to illuminate advertisement over Bus Queue Shelter, then the Concessionaire shall be liable to pay on demand the electricity Concession period
and / or penalty as computed by the Authority / Reliance Energy / MSEB or any other competent authority.

k)

The Concessionaire shall strictly follow the provisions (amended from time to time) of the Bombay Electricity (Special Powers) Act 1946 under which at present, the use of electrical energy for the purpose of lighted (illuminated) hoardings and bill boards for more than five hours in a day is prohibited subject to such use or consumption shall not be permissible beyond midnight.

5.

Urgent Removal of Advertisement: If the advertisement on the Foot Over Bridges is required to be shifted or removed urgently due to accidents, act of God, thefts, or on the direction of concerned
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Statutory Authorities before the expiry of contract period for any other reason whatsoever, the advertisement displayed on it shall be removed by the Concessionaire forthwith within twenty four hours on receipt of telephonic / written instructions to that effect. In case of failure to do so the Authority will arrange to have the same removed at the risk & cost of the Concessionaire. The Concessionaire shall collect the materials from the Authority‟s premises within 15 days from the date of receipt of intimation to them to that effect. No compensation in that respect will be payable to the Concessionaire. 6. Accident and Damage to Foot Over Bridges and Advertisement thereon: The Chief T&C Divn. shall not be responsible or liable to compensate the Concessionaire for any loss or damage, wear and tear of the advertisement on the Foot Over Bridges or due to non-display of advertisements due to the said damage breakage etc, if any, for any reason whatsoever during the period of contract. The Chief T&C Divn. shall also not be responsible for disfigurement of or detriment to the display of advertisement due to pasting of paper posters or any other material thereon or due to any other reason whatsoever. The Concessionaire shall not claim any rebate including reduction in display Concession period against the Authority for non-display of advertisement and removal of shelter on such account, during the contract period. 7. In case of damage / accident to Foot Over Bridges, the advertisement thereon, shall be removed/ rectified by the Concessionaire within the period of 7 days from the date of
intimation from the Authority to that effect. On failure of the Concessionaire to do so the same would be got done by the Authority at the risk and cost of the contractor as stipulated in Clause No 13 referred hereinafter. However, the period of 7 days may reduce considering the urgency of the work and at the discretion of Chief T&C Divn.. 8 Approval of advertisement matter / objectionable advertisement:-

a) Before the display of the advertisement, the Concessionaire shall in the first place submit the text of advertisement matter, art work etc. of each display for the approval of the Chief T&C Divn. or the Officer authorized by him. b) The display of advertisement, designs, materials and positions for all advertisement shall be subject to the approval of the Chief T&C Divn. or the Officer authorized by him. c) The Concessionaire shall not display advertisement propagating Cigarettes, Bidis or any other type of Tobacco or its product, alcohol or other intoxicant
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products. 'The Concessionaire shall also not display advertisement related to awareness about HIV / AIDS unless permitted / approved by Public Health department, Govt of Maharashtra and screened by the MCGM in order to ensure that the advertisement does not impart an anti-women message. Similarly the Concessionaire shall not display advertisement which imparts any message against any individual, group, class creed, religion and race. d) Further, no advertisement shall be displayed which, in the opinion of the Chief T&C Divn. or the Officer authorized by him, offend any law or religion or public morality or is defamatory or the display whereof is prohibited by any lawful authority or is against the interest of the MMRDA. e) No unsightly, indecorous or objectionable advertisement shall be displayed at any site under this contract and the decision of the Chief T&C Divn. as to what is unsightly, indecorous or objectionable within the meaning of this Clause shall be final and binding upon the Concessionaire. Upon the Chief T&C Divn. requiring the Concessionaire to remove any such advertisement, the Concessionaire shall forthwith remove the display thereof without any dispute / claim. f) No advertisement with the use of the name or pictorial representation of any national figure or emblem prohibited by law shall be displayed by the Concessionaire. g) During the period of contract, if on any ground any advertisement is / are objected to by any Competent Authority or if the advertisement is objectionable in anyway as stated above, then the Concessionaire shall remove / deface the said advertisement within 24 hours on receipt of verbal/ written instructions to that effect. On failure of the Concessionaire to do so, the same would be removed/ defaced by the Authority at the risk & cost of the Concessionaire and the Concessionaire shall be liable to pay Concession period at the rate of Rs. 5,000/- per FOB per day. The Authority shall not be liable to pay to the Concessionaire any refund/ damage or claim thereon. h) No Traffic Colours i.e. advertisement. 9. Use of Advertisement Spaces for Public Interest : The Authority reserves the right to itself to use any of the FOB not exceeding 5% of the total number of FOBs for display of advertisement free of charge in the
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Red, Green and Amber should be used for

interest of the Authority, Municipal Corporation of Greater Mumbai, Government, Semi-Government, Central Government, Public Authority, National or Public Interest. The Concessionaire shall make the Foot Over Bridges required as

directed by the Authority for such display free of any advertisement on it. The Concessionaire shall have no claim/ compensation whatsoever against the Authority in this regard. The advertisement text would be given to the

Concessionaire for preparation of advertisement board. The Concessionaire shall arrange to prepare and fix the said advertisement at the location decided by the Authority. 10 . Idle Time Display

The concessionaire shall pub up a approved civic message or piece of art highlighting glory of national interest or any other approved artwork on the advertising display. At no point of time except regular maintenance or change over of displays the bare display mechanism or structure shall be kept exposed. This condition is to maintain the visual aesthetics of the Foot over bridge.
11. Compliance of Contract :-

If the Concessionaire shall neglect or fail to do anything which they have agreed to do under the terms and conditions of contract, the Chief T&C Divn. or the Officer referred to hereinabove may serve a notice to the Concessionaire asking it to do the things agreed upon as aforesaid, and on their further neglect or failure to do so, cause the same to be done and recover the costs thereof from the Concessionaire without prejudice to any other right the Chief T&C Divn. may have on account of such default. All the works as required to be done by the Concessionaire under the different clauses of this contract shall be carried out by the Concessionaire within the time specified and the manner set out and to the entire satisfaction of the said officers of the Authority. If the Concessionaire fails to carry out the said works as aforesaid, the same shall be carried out by the Authority at its risk and cost and the Concessionaire shall be liable and bound to pay the Concession period for the same to the Authority immediately on demand at the following rates:
a) If carried out by engaging any other Concessionaire then the cost of work carried out by the Concessionaire plus overhead Concession period at the rate of 10% of the total value of the work done through such Concessionaire.

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b)

If carried out by deploying departmental resources, the cost of work plus the overhead Concession period at the rate of 150% on the cost of labour and 20% on the cost of materials. Concessionaire’s responsibility against all claims, actions, losses, etc. :

12.

a)

The Concessionaire shall indemnify and keep indemnified the Chief T&C Divn. against all payment, claims, actions, demands, losses, costs, Concession period and expenses which the Chief T&C Divn. may incur or be put to or which may arise by reason of the exercise of the right to display advertisement on Foot Over Bridges hereby granted including claims or actions arising out of any advertisement being challenged or held to be libellous or defamatory or in consequence of the falling or displacement or breakage of any advertisement on Foot Over Bridges or otherwise, as the case may be, or part thereof, due to any reason whatsoever and also against any claim made by the local authority or any other person in respect thereof and against any claim for rates or taxes levied in respect of anything done under this contract. The Concessionaire hereby undertake as an essential condition of this contract that they shall within 15 days of a notice in writing requiring them to do so, pay to the Chief T&C Divn. all moneys payable by them in respect of such claims, actions, demands, losses, costs, Concession period and expenses. On failure to do so the Authority shall be entitled to adjust/recover the money from the Security Deposit and the Concessionaire shall make good the deficit so as to bring the security deposit to its original amount.

b)

If at any time during the continuance of this contract, it shall become impossible by reason of strike, lockout, war, fire, flood or any Government enactment or regulation or any order of the Hon'ble courts or any other cause beyond the control of the Authority, to fulfill the contract in respect of all or any site in accordance with the terms hereof, the Concessionaire shall have no claim / damage / compensation, whatsoever against the Authority in respect of any inability or incapacity to fulfil the contract or non display of the advertisement.

c)

However, the Concessionaire may prematurely rescinded the contract by giving three months notice in writing of his intention to do so to the Chief T&C Divn.. The said period of three month shall commence from the first

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day of the following month in which the notice of termination is given by the Concessionaire.
13. Payment of Expenses, Municipal Licence, Fees, etc. during Concession period,

a) The Concessionaire shall be solely responsible for and shall forthwith discharge directly all payments (Other than property Tax and Ground Rent) including Municipal Licence Fees or any other costs levied by Municipal or other Public Authorities on account of displaying advertisement on Foot Over Bridges at various locations mentioned under this contract. The Concessionaire shall, within seven days from the date of intimation by the Authority, pay to the Authority or any concerned Authority rents, taxes, Concession period, License Fees, which are required to be paid by the Concessionaire. The FOB shall be termed as public property erected for benefiting Pedestrians using FOBs & are erected on behalf of Government. The Authority shall in no way be responsible for the above payment. Any additional expenses or Concession period by way of penalty, interest/penal interest etc. in case of failure to pay shall be borne by the Concessionaire. b) The Concessionaire shall produce for verification of the Chief T&C Divn. or the Officers referred to hereinabove, the original receipts in respect of the payment of Municipal License Fees and other rents and taxes levied by such Competent Authorities, whenever called upon to do so. The Concessionaire shall produce the receipts in respect of the payment of License fees and other rents etc. to the Authority every six months along with a Xerox copy for the Authority‟s record. c) If any such sum due remains unpaid by the Concessionaire and the Authority is called upon by the concerned Authorities to make good the payment then the Chief T&C Divn. would be at liberty to make the payment from the security deposit of the Concessionaire or any other amount from any other contract of the Concessionaire available with the Authority. 14. Withdrawal of Foot Over Bridges : In case any FOB/s in a given package is withdrawn/deleted by the Authority for any reason beyond its control, the Concessionaire would be given suitable rebate proportionately based on detail presented in the
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financial offer and

on the display Concession period quoted by the

Concessionaire for the given lot with immediate effect. 15. Insolvency of the Concessionaire or non-observance of the obligation of contract on the part of Concessionaire :If the Concessionaire shall commit any act of insolvency or shall be adjudged insolvent or shall have an order for compulsory winding up made against them or pass an effective resolution for winding up voluntarily or subject to the supervision of the court or if the Concessionaire shall suffer execution to be issued or shall suffer any payment under this contract to be attached or shall charge or encumber this contract or any payment due or which may become due to the Chief T&C Divn. hereunder or compound with their creditors or if the Concessionaire fail to observe and perform any of the obligations, covenants or agreements on their part herein contained or if the Concessionaire shall go into liquidation, then on all or of such events happening, it shall be lawful for the Chief T&C Divn. to determine this contract and take possession of Foot Over Bridges & advertisement along with its frame work, if any, displayed under this contract and the same shall become the property of the Authority without prejudice to the rights of the Chief T&C Divn. to recover all sums then due by way of rentals or consideration under this contract and damages, if any, in respect of any breach or default on the part of the Concessionaire. 16. a. Security Deposit :As security for the due fulfillment of the terms of this contract, the Concessionaire shall deposit, with the Authority within 15 days from the letter of acceptance (work order) from the Authority, an amount equal to 10,00,000 ( rupees Ten lacs only ) per FOB. The Concessionaire shall deposit the amount of Security Deposit in the form of Demand Draft / Pay Order drawn in favor of the MMRD Fund payable at par at Mumbai (Free of Interest) within the stipulated time with the Authority. On failure of the Concessionaire to submit the Security Deposit within the due date, penal interest @ 21% p.a. will be charged till the amount of Security Deposit is furnished by the Concessionaire (both days inclusive). If the Concessionaire further fails to deposit the amount of Security Deposit along with interest

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within Seven days after the expiry of due date, the contract awarded to the Concessionaire shall stand terminated without issue of any further notice. b. In case the Concessionaire is in arrears of any payments, the Chief T&C Divn. shall give a notice of 15 days in writing to recover such amount. At the expiry of the notice, without any further consent on the part of the Concessionaire, other than the consent which is implied by the execution of the agreement, to use/realise the said Security Deposit or any part thereof and to apply the proceeds of such realization in or towards the payment and satisfaction of any and every sum which may be due by the Concessionaire to the Authority or the Municipal Corporation of Mumbai, Mumbai Metropolitan Region Development Authority or any other Statutory Authority under this contract. If the Concessionaire fails to honour any contractual obligation or defaults in making payment for any reason, then the Authority will be at liberty to recover the said cost from the Security Deposit or any other amount due and payable to the Concessionaire. In such an event, the Concessionaire shall make good the amount of Security Deposit to its original amount with immediate effect, failing which the Authority would be at liberty to take such action as provided herein, including termination of contract. 17. Refund of Security Deposit:
a) The security Deposit will be returned, without interest after deduction of necessary expenditure incurred by MMRDA of behalf of concessionaire upon successful handing over the constructed structures to MMRDA, at the end of concession period. The expenditure could include consultancy fee for Owner‟s Consultant, Taxes/ fees and charges payable to government and local authorities which is mandatory for the concessionaire. b) The Concessionaire shall also produce all the documentary evidence as may be required by the Authority so as to ensure that it has paid all dues to the MCGM and other Statutory Authorities for the individual site. c) The Concessionaire shall give an Authority in the prescribed format ( to be supplied at appropriate time) that in case subsequent to the expiry of the

contract, the Municipal Corporation or any other Statutory Authority levies licence fees or any other taxes/Concession period with retrospective effect in respect of the display of advertisement under this contract, they shall make such payments forthwith subject to rules and regulations directly to the Municipal

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Corporation/ Statutory Authorities concerned and intimation thereof to the Authority. 18. Forfeiture of Security Deposit : In the event the Concessionaire commit a breach of any of the terms and conditions of the contract or fail to observe and comply with any of the requirements under this contract, the Chief T&C Divn. shall be entitled to forfeit the Security Deposit either in whole or in part thereof at his discretion without prejudice to other rights and remedies open to the Authority and it shall be binding on the Concessionaire. 19. Transfer of right :The Concessionaire shall not assign, under-let, sub-let the contract or assign or transfer in any way the right granted under this contract to any person or persons or firm or Concessionaire or Company with out prior approval of the MMRDA. 20. Surrendering of the Foot Over Bridges on the expiry / termination of the contract :The Concessionaire handover the structure of FOB free of cost to MMRDA T shall remove all the advertisement boards on the Foot Over Bridges, if any displayed thereon, immediately i.e. on the last day on expiry / termination of the contract. On default of the Concessionaire, the said advertisements shall be removed by the Authority at the risk and cost of the Concessionaire and the Concessionaire shall be liable to pay the penalty / Concession period at the rate of Rs. 5,000/- per day per FOB. Due care shall be taken by the Concessionaire while booking the contracts for advertisements on Foot Over Bridges so that no advertisement is displayed after the expiry of this contract.

21.

Termination of Contract :If during the period the contract remains in force the Chief T&C Divn. has reasons to be dissatisfied with the execution of contract and/or the performance of the Concessionaire, the Chief T&C Divn. or the officer

appointed by the Chief T&C Divn. may by notice in writing call upon the Concessionaire to remove the cause of such dissatisfaction in the way to be indicated in the notice and if the Concessionaire fail for a period of 15 days after the receipt of such notice to remedy such cause of dissatisfaction to the satisfaction of the Chief T&C Divn., then the Chief T&C Divn. or the officer appointed by him shall serve a further 7 days notice to the Concessionaire in

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writing and on failure of the Concessionaire to follow the orders in the said notice and notwithstanding anything contained in the agreement to the contrary, the Chief T&C Divn. shall have a right to terminate the contract by giving a final 48 hours Notice in writing and the contract shall on expiry at the notice period stand terminated without prejudice to the right of the Chief T&C Divn. to forfeit the Security Deposit as provided under clause 18(iv) of this contract. In addition to the Security Deposit the Chief T&C Divn. shall have right to forfeit any other amount due and payable to the Concessionaire under this or any other contract with the Authority. 21.1 Force Majeure The expression”Force Majeure” or ”Force Majeure Event” shall mean occurrence of Non political Event, Indirect Political Event and/or Political Event and/or political Event as defined in Clauses 21.2. 21.3 and 21.4 respectively hereinafter which prevent the party claming Force Majeure (the “Affected Party”) from performing its obligations under this Agreement and which act or event is (i) beyond the reasonable control and not arising out of the fault of the Affected party, (ii) the Affected party has been unable to overcome such act or event by the exercise of due diligence and reasonable efforts skill and care, including through expenditure of reasonable sums of money and (iii) has a Material Adverse Effect on the Project. 21.7 Compensation arising out of Force Majeure Upon occurrence of a Force Majeure Event, the costs incurred by either parties and attributable to such event and directly relating to the project (the “Force Majeure Costs”) shall be compensated as below: a) Where the Force Majeure Event is a Non Political or indirect Political Event, the parties shall bear their respective costs and neither Party shall be required to pay to the other party any costs c) Where the Force Majeure is a Political Event, the Force Majeure Costs to the extent actually incurred and certified by the Independent Engineer of Concessionaire shall be reimbursed by MMRDA to the Concessionaire suitably by MMRDA. 22. Jurisdiction of Court :The court located in Mumbai only shall have jurisdiction to try and decide the matter/dispute between the parties.
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23.

The Contract Agreement :-

The Concessionaire whose Bid has been accepted shall within one month from the date of acceptance letter (work order) enter into a written agreement with the Chief T&C Divn. for the proper fulfillment of the contract on lines similar to the terms provided herein, failing which it shall be construed as if the Concessionaire has entered into binding agreement with the Authority . The Concessionaire shall also get the contract Agreement duly adjudicated upon from the stamp office at Mumbai. In the event of the Bid of a Partnership Firm/ company being accepted, the contract agreement shall be signed by all the partners of the Firm/ Company or by the competent persons on behalf of the Firm/ Company, subject to production of the necessary resolution or any other documents in support thereof. 24. Preparation of the Agreement :-

The Agreement shall be prepared and endrossed by the Authority and shall be forwarded to the Concessionaire after the acceptance of its bids. Should the Concessionaire not execute the Agreement after the date of its receipt by them as stated above, the Authority may, at its option and without prejudice to its other rights or claims against the Concessionaire for non-compliance with any of the provisions of these conditions, within thirty days after the receipt of the Agreement by the Concessionaire, by notice in writing to the Concessionaire, revoke the acceptance of the bid and thereupon .The Authority shall not be liable for any claim or demand from the Concessionaire in respect of any matter or thing whatsoever in connection with the contract, but the Authority shall be entitled to the forfeiture of the Earnest Money deposited by the Concessionaire alongwith the Bid or the Security Deposit paid by the Concessionaire on the intimation of acceptance of this bid. 25. Stamp Duty :-

The stamp duty as applicable shall be borne by the Concessionaire and an amount of Rs.10000/- being the cost of preparation of the Agreement in duplicate shall be paid by the Concessionaire within seven days from the date of acceptance letter. 26. The Concessionaire shall comply with the provision of ESI Act, 1948, amended from

time to time and shall pay the contribution (employees and employers) in respect of labourers employed by Concessionaire such contribution shall be paid through the Authority‟s ESI Department. It shall be obligatory on the part of the Concessionaire to pay, if any liability arises at the time of ESI Inspection. a) It shall be obligatory on part of the Concessionaire to submit the declaration forms Nos. 1 and 3 in accordance with regulation 11 read with regulation 14 of the above mentioned Act within 3 days from the date of commencement of the work to the ESI Section/Dept. of the Authority duly certified by the Head of the

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Department.

No payment shall be released to the Concessionaire till the

compliance of said formalities. b) The Concessionaire shall also submit Attendance and Wage Register of all laborers engaged on work (employees covered under ESI or beyond ESI) every month on or before 10th day of the next month for on going works to the Authority‟s ESI Section/Dept. duly certified by the Department concerned and representative of Audit Department. The amount to be paid towards ESI contribution will be intimated to the Concessionaire by the ESI Section/Dept. within 3 working days from the date of submission of Attendance/Wage Register. For those works which are to be completed in short duration i.e. one month or less than one month, the Concessionaire shall submit Attendance and Wage Register, immediately on completion of work and payment of Wages to the laborers, duly certified by the Department concerned and representative of Audit Department. The Concessionaire will also comply with the requirement as stated in para (ii) above. c) In the event of failure of comply with the above requirement, the Concessionaire shall be liable to pay penalty comprising of penal interest presently at 12% p.a. as per Regulation 31A and damages as per Regulation 31C depending upon the period of delay in payment of usual ESI contribution and the same will be paid to ESI Contribution under separate challan. No dispute on this account will be entertained. The Engineers decision in this regard shall be final. d) In case the ESI covered employees of the Concessionaire continue working and drawing wages within insurable wage ceiling beyond 30th September and 31st March, the information in respect of these employees such as name of the employee, his insurance number and the name and code number of the ESI Panel Doctor with whom he has registered his name shall be furnished to the ESI Section on 10th Day of the following months.

27.

The Concessionaire shall make its own arrangement for Water and Electricity

required for the work. The extra water and/or sewerage Concession period wherever applicable shall be paid to the MCGM directly at it‟s cost and should submit receipts thereof to the Authority. 28. Removal of Debris: The Concessionaire shall remove the debris from the site of work within 24 Hrs. from the date of written instructions to the Concessionaire to that effect, failing which the Authority will remove the same by engaging any other Concessionaire

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or departmentally and the cost of the same shall be recovered as stipulated in the Condition No. 13 of the „Conditions of Contract‟ from any money due to them, such decision shall not form the subject matter of any dispute. 29. The work shall be carried out without causing any inconvenience to the

pedestrians, shop owners, etc., in the vicinity. The Concessionaire shall further take all necessary precautions such as display boards, signals, barricading of sites, posting of watchmen etc., before starting the work and all expenses on this account shall be borne by the Concessionaire. The Concessionaire shall not cut / prune the branches of the tree in the vicinity of the Foot Over Bridges without prior written permission of the Supdt of Garden's department of the MCGM. The necessary permission shall be obtained by the Concessionaire at its cost. 30. All reinstatement work shall be done by the Concessionaire so as to match The Concessionaire‟s attention is drawn to the Contract Labour (Regulation

with the surrounding surfaces at their own cost, to the satisfaction of the Engineer. 31.

and Abolition) Act, 1970 and the Maharashtra Contract Labour (Regulation and Abolition) Rules, 1971. The Concessionaire shall comply with the provisions of the said Act and Rules framed there under. 32. If the bidder after submitting the Bid withdraws or varies it within the validity

period, the Earnest Money Deposit of the Bidder shall stand absolutely forfeited. The above actions against the Bidder are without prejudice to the rights and remedies available to the Authority. 33. If any damage is caused to the surrounding property while carrying out the

work by the Concessionaire, the same shall be made good free of cost.
34. Illegal Gratification:

Any bribe, commission, gift or advantage given, promised or offered by or on behalf of the Concessionaire, agent or servant of any one on their behalf of any officer, or employee of the Authority or to any person on their behalf in relation to the obtaining or the execution of this or any other Contract with the Authority shall, in addition to any criminal liability which they may incur, subject the Concessionaire to the recession of the contract and all other contracts with the Authority and to the payment of any loss or damage resulting from such recession, and the Authority shall be entitled to deduct the amount so payable from any monies due to the Concessionaire under the
40

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contract or any other contract with the Authority. The Concessionaire shall not lend or borrow from or have to enter into any monetary dealings or transactions either directly or indirectly with any employee of the Authority and if they shall do so the Authority shall be entitled forthwith to rescind the contract and all other contracts with the Authority. Any question of dispute as or to the commission of any offence or compensation payable to the Authority under this clause shall be settled by the Chief T&C Divn. in such a manner as he shall consider fit and sufficient and his decision shall be final and conclusive. 35. If the Concessionaire fails to honour any contractual obligation or defaults in

making payment for any reason, then the Authority will be at liberty to recover the said cost from the Security Deposit or any other amount due and payable to the Concessionaire.
36. Termination of contract for death:

If the Concessionaire is an individual or a proprietary concern and the individual or the Proprietor dies and if the Concessionaire is a partnership concern and one of partners die then unless the Chief T&C Divn. is satisfied that the legal representative of the individual or the proprietor of the proprietary concern and in the case of partnership, the surviving partners, are capable of carrying out and completing the contract, the Chief T&C Divn. shall be entitled to cancel the contract as to its incomplete part without the Authority being in any way liable for payment of any compensations to the estate of the Concessionaire and/or to the surviving partners of the Concessionaire on account of the cancellation of the contract. The decision of the Chief T&C Divn., that the legal representative of the Concessionaire or the surviving partners of the Concessionaire cannot carry out and complete the contract shall be final and binding on the parties.
37. The Chief T&C Divn. may from time to time delegate his powers to any officer of the Authority for execution of contract and all the decisions, orders issued by the said officer shall be binding on the Concessionaire. If any doubt, dispute or difference arises or happens between the Officer on the one hand and the Concessionaire on the other hand in respect of the said works or any of them or relating to the quantities, qualities, workmanship, description or manner of work done and executed by the Concessionaire or to be quantity or quality of the materials to be employed therein or in respect of any additions, deductions, alterations or deviations made into or from the said works or any

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part thereof or of any plans, drawings, conditions, recoveries or of any instructions, orders, directions referred to therein or which may be furnished or given during the progress of the works or in respect of any certificate of payment, order which have been made or in any way whatsoever relating to the interest of the Authority or of the Concessionaire in the premises, every such doubt dispute and difference shall within 14 days of the occurrence of the doubt, dispute, difference be referred to the Chief T&C Divn. who shall give his decision within a period of 90 days. The Chief T&C Divn. decision shall be final and binding on the Concessionaire. 38. Subject as otherwise provided in this contract all notices to be given on behalf of the

Authority and all other actions to be taken on its behalf may be given or taken by the Engineer i.e. Chief T&C Divn. or any Officer appointed by him for the time being entrusted with the functions duties and power of the Engineer. All notices, communications, references and complaints made by the Authority or the Officer‟s representative or the Concessionaire inter-se concerning the work shall be in writing and no notice communication, reference or complaint not in writing shall be recognised, and if sent by registered post and under certificate of posting to the last known place or abode or business of the Concessionaire shall be deemed to have been served on the date when in the ordinary course of post these would have been served on or delivered to him. 39. Notice from the Concessionaire to the Authority shall be served on the Engineer i.e. Chief T&C Divn. personally or by registered post addressed to the Authority at their office address of Mumbai Metropolitan Region Development Authority (MMRDA), Bandra-Kurla Complex, Bandra (East), Mumbai – 400 051. 40. The Concessionaire shall comply with the Policy Guidelines of Grant of Permission for display of Skysigns and advertisement under section 328 and 328A of MMC Act 1888. 41 The Concessionaire shall also comply with section 116(4) of Motor Vehicles Act

1988 while displaying advertisement. 42. Rounding off amounts :

The total amount due towards SD shall be rounded off to the nearest rupee. An amount of 50 paise and below shall be ignored and 51 paise and above shall be reckoned as one rupee. 43. Penal Action :

a)

If the Bidder after submitting the Bid withdraws or varies it within the validity period the Bidder shall be liable to be banned from the Authority for a period of Five years that shall be reckoned from the date of withdrawing or varying the Bid.

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b)

The Concessionaire after award of contract shall perform the contract with due diligence of the „Conditions of Contract‟ put to Bid, failing which it shall be construed upon as the Concessionaire has defaulted in honouring contractual obligations and the defaulting Concessionaire after

termination of contract shall thus be liable for penal action so as to debar the defaulting Concessionaire from having dealing with the Authority either permanently or for the period as shall be decided by the Authority. c) The penal action shall be without prejudice to the rights and remedies available to the Authority and also be in addition to the action to be instituted against the defaulting Concessionaire under other terms and conditions of the contract. 44. A. Obligations On part of Concessionaire i. The concessionaire will have to construct the structures within Eight months of signing of agreement with MMRDA as per the detailed specifications and schedules of the design accepted by MMRDA. ii. The concessionaire will be responsible for the upkeep, maintenance and provide adequate illumination of the structures during the concession period as the maintenance schedule and manual accepted by MMRDA iii. The concessionaire will have to obtain on his own all the necessary approvals from the relevant authorities like Traffic Police, MCGM, Fire Department, PWD etc, required for construction of the structures. He shall also obtain the necessary electric connection & water connection at his own cost. iv. The concessionaire will have to pay all the necessary electricity bills, taxes etc if any during the concession period and submit a copy of each paid bills to MMRDA. v. The concessionaire will have to provide traffic diversion, reinstate the works affected by his construction activities. vi. The concessionaire will have to hand over the constructed structures to MMRDA free of cost at the end of the concession period in a state satisfactory to MMRDA without any cost or charge. vii. The concessionaire shall provide security and protection and ensure that there is no unauthorized encroachment & illegal uses.

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viii. The bidder shall bear the cost of independent consultant/ Engineer at the rates decided by MMRDA. B. On part of MMRDA i) In the event of any unforeseen circumstances beyond the control of the agency, wherein the agency cannot construct a Foot Over Bridge at a particular location identified by them and accepted by MMRDA., then in that event the agency will be allowed to choose another alternate suitable location with prior approval of Chief Transport & Communication, MMRDA. ii) MMRDA shall enable access to the Site, free form Encumbrances, in accordance with this Agreement: iii) MMRDA shall Permit peaceful use of the Site by the Concessionaire under and in accordance with the provisions of this Agreement without any let or hindrance from MMRDA or persons claiming through or under it: iv) MMRDA shall appoint independent consultant of their choice for proof checking of the designs and for construction supervision and all other works who shall act as Owners Consultant.

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SCHEDULE A1 - PACKAGES OF FOOT OVER BRIDGE-Project Sites
Package 1 Proposed F.O.B. locations on Western Express Highway. 1. On Bandra – Sion Link Road, outside Kala Nagar. 2. Outside Bandra Court on Western Express Highway. 3. Between Kala Nagar & Kherwadi Jn. Near Techers colony, Bandra (East) 4. Near Hanuman Road, outside New Airport Colony Vile Parle. 5. Junctions of Andheri – Kurla Road, Gold spot Junction and WEH. 6. Ismail Yusuf College, Jogeshwari, Near Service Road Steps & Bus Stop. 7. Outside Mahananda & N.S.C. 8. At Virvani Industrial Estate/ Sarvodaya Nagar, Goregaon. 9. Dattani Park Bus Stop / Saidham, Kandivli. 10. Devipada/ Rai Dongri, Borivli 11. Near Gokulananad Hotel, Dahisar Note : The sites are tentative and subject to review and shall be finalized in consultation with Traffic Police and local site conditions. There could be additions and omissions from the stated list whereby reducing or increasing the numbers, which shall be accounted for accordingly.

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SCHEDULE A2 - PACKAGES OF FOOT OVER BRIDGE-Project Sites
Package 2 Proposed F.O.B. locations on Eastern Express Highway. 1. Near Harbour railway line Rail over bridge 2. Near Everard Nagar, Sion. 3. Near Postal Colony, Chembur. 4. Near Mata Ramabai Nagar, Ghatkopar. 5. Near Garodia Nagar, Ghatkopar 6. Near Kamraj Nagar, Ghatkopar. 7. Near BMC Octroi naka , Mulund Note : The sites are tentative and subject to review and shall be finalized in consultation with Traffic Police and local site conditions. There could be additions and omissions from the stated list whereby reducing or increasing the numbers, which shall be accounted for accordingly.

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SCHEDULE A3 - PACKAGES OF FOOT OVER BRIDGE-Project Sites
Package 3 Proposed F.O.B. locations on J.V.L.R. 1. Near Majas Depot. 2. Near Greenfield Society. 3. Near MMRDA R & R project at majas. 4. Near Powai Lake Boating Club. 5. Near Ram Ashram. 6. Near Ajahara Shoping Centre. 7. Near Panch Kutir. 8. Near Hiranandani Gardens/IIT. Note : The sites are tentative and subject to review and shall be finalized in consultation with Traffic Police and local site conditions. There could be additions and omissions from the stated list whereby reducing or increasing the numbers, which shall be accounted for accordingly.

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SCHEDULE B - PERMITTED FACILITY (The facilities to be constructed, built installed erected or provided by the Concessionaire in the Project Site are to be set out, with brief description/specifications.)The facilities provided in the Foot Over Bridge can be, but not limited to the following : * * * * * ATM Tea/Coffee Vending Machine Magazine / Newspaper dispenser Coin / Card Public Telephone Flowering Plants / Shrubs

Any other facility shall require MMRDA Approval before implementation.

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SCHEDULE C - SPECIFICATIONS AND STANDARDS 1. The Foot Over Bridges shall be constructed as per the approved drawings by MMRDA. 2. All the structural members/ reinforcement of the Foot Over Bridges shall have anticorrosive coating of poly urea/ or with C.P. CC specifications. 3. The Covering of the roof shall be made of multi-walled Polycarbonate sheets of not less than 10 mm thick, colour to be got approved . The fixing to be done in a manner so as to make the roof leak proof. 4. Entire colour scheme and samples of the materials shall be got approved prior to use in the construction of Foot Over Bridges. 5. The specifications adapted for design parameters shall be in confirmation with BIS codes and relevant Indian Road Congress Guidelines and as desired by

MMRDA. The manufacturers warrenty of the materials used shall be minimum 15 years. which shall be passed on to MMRDA 6. The minimum clear height between the flooring and the ceiling shall be 3.0 meters. 7. Due weightage shall be given to the agencies who offer to provide solar system for power on maximum no. of Foot Over Bridges. 8. Every FOB shall be provided with Rain Harvesting System for the roof area. The waste discharges merged with the surrounding s w drain. 9. The area of advertisement has been restricted to 80% of the horizontal face area of FOB. There will be not advertisements on vertical facade / piers of the .

However, bidding agencies may give their proposals. 10. All the materials/fittings/fixers used shall confirm to BIS and other relevent national/international standards like NEMA etc. and the work shall be got done through approved licensed contractors. 11. In case sub standard / defective material is used the same shall be replaced by the Concessionaire at its own cost. In case of any dispute in this regard decision of MMRDA shall be final. 12. If any services like cold drink / hot beverages dispensers / PCO Booth or ATM counter is provided within FOB premises, it should be ensured that the over all FOB should have see through view i.e. only transparent material shall be allowed

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for its constructions. The location of such services as par plan approved by MMRDA only. 13. In no case the specifications below those mentioned in the drawing attached with the tender documents/adopted in construction of sample Foot Over Bridges shall be allowed. However, richer specifications may be adopted. 14. Structural members of the Foot Over Bridges should not be of size lesser than the approved sample Foot over Bridges. However, richer specifications can be

adopted ensuring the structural stability in the prior approval of the MMRDA. 15. The flooring should be of chequered FRP anti skid tiles of approved make and colors. 16. The Concessionaire shall not display or exhibit any picture, poster, statue or other articles in any part of the premises that are repugnant to the general standards of morality. The Concessionaire expressly agrees that the decision of the MMRDA in this regard shall be conclusive and binding on the Concessionaire. 17. At the entrance of stair case or at prominent visible location inside premises some important telephone numbers like Ambulance, CATS, nearby Hospital, nearby Police Station, Traffic Police and other help line numbers should be written, well illuminated. 18. The Concessionaire shall obtain a completion certificate in case of each Foot Over Bridge from the Independent Engineer. 19. Front Facade - At the centre the name of the particular FOB along with MMRDA logo in prominent size should be earmarked. 20. Back Face - MMRDA approved social message should be written which shall keep on changing from time to time as per the direction of Chief (T & C ) MMRDA. 21. The bidder shall submit a programme supported with BAR Chart for construction of FOB in a phased manner so as to cause least inconvenience to the public. Most of the construction work shall be carried out during night hours/restricted hours (leaving peak traffic time) keeping in view the safety of pedestrians/traffic. The bidder should give their complete programme for different stages of execution i/c, planning, designing, fabrication, and erection etc. complete. 22. The railing pipe of staircase shall be preferably coated with tough plastic to bear with variation in the high/low temperature. The entire structure and the materials used shall be fire retardant and child safe and disabled friendly.
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23. The Concessionaire should get the value of the serviceable materials received from dismantling deposited in MMRDA. Where as unserviceable material has to be disposed off the site to dumping ground. 24. The Minimum width of clear pathway shall be three meters and the total width of the FOB shall not be less than 3.30 meters. The maximum clearence of the roof from the walk way of FOB should not be more than 3.0 m. 25. The minimum ground clearance from the carriageway should be 5.5 meters. 26. The minimum live load of 500 kgs per square meter should be considered on FOB 27. The sizes of Foot over bridges at a particular shall in conjunction with total pedestrian traffic intensity / density projections which has to be done by the bidders and got it approved by MMRDA. 28. The steps of approaches should have minimum depth of 300 mm and rise of 150 mm. 29. The lift /escalator should have minimum load carrying capacity of 20 persons at a time and should have adequate power backup in case of emmergencies.. 30. The walkway and approach staircase should be well ventilated and if required forced ventilation shall be provided. 31. The advertisement area is restricted to 80% of the clear span in each case. The maximum height of Advertisement boards should not be more than 2.75 m. 32. The design parameters are minimum requirements and the bidder can suggest alternative design subject to are schedule and other conditions specified in the bid Document Offers based on alternative design shall be considered only after approval of design by MMRDA.

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SCHEDULE D - MINIMUM MAINTENANCE REQUIREMENTS 1. All FOBs and surrounding areas are to be kept cleaned at all times. The litter bins should not be overflowing at any time and disposal of garbage to be arranged to as required. 2. The advertisement panels to be kept clean from dust stains etc. at all times. It is to be ensured that posters etc. are not pasted on any of the panels and on structural part of FOBs. 3. 4. No leakage from roof to be permitted. Proper drainage is maintained and no accumulation of water, liquid etc. is allowed at any time. 5. The lighting arrangement at the FOBs is functional at all times. Electrical safety is to be ensured for users as well as concessionaire‟s staff as per IRC guidelines for Subways and Pedestrian bridges. 6. All structural members, arrangements and advertisement panels are to be inspected and maintained in good condition as per the maintenance manual. 7. Broken floor tiles / other members are to be replaced within 3 days of such event. For this purpose it is advised that the concessionaire maintains a minimum inventory of similar tiles to his store. 8. The staff provided at the FOBs should be literate and courteous toward the users and assist handicapped and old age users. 9. The flower plants and shrubs are to be maintained and watered regularly and the wastes to be disposed off. 10. 11. Security of all assets to be ensured by the staff posted at all FOBs. The advertisements on panels to be changed during off peak period preferably during night hours. 12 Services to be provided i. Water Supply : The Concessionaire shall ensure adequate water for general cleanliness of the Foot Over Bridges. Electricity Supply : The Concessionaire shall ensure adequate electricity supply for proper lighting inside the Foot Over Bridges , lifts/ escalators and advertisements. Landscaping : The Concessionaire shall put flowering plants and other shrubs around each Foot Over Bridges to an extent of 25 mts. on

ii.

iii.

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both sides as per the approval of the MMRDA and maintain the same in good condition at all times. iv. Cleaning of the Foot Over Bridges : The Concessionaire shall ensure minimum daily cleaning of the Foot Over Bridges . Garbage Disposal : The Concessionaire shall install litterbins as specified near the Foot Over Bridges and disposal of the collected waste shall be the responsibility of the Concessionaire. Safety & Security : The safety and security of the Foot Over Bridges rests with the Concessionaire. The Concessionaire shall maintain security personnel, gadgets and required as part of the maintenance services. Other Facilities : The Concessionaire can construct / provide structurally sound and aesthetically appealing passenger facilities such as card / coin public phone, tea / coffee vending machines, and magazine / newspaper dispenser as per plans approved by the MMRDA. However, in areas where deviations are necessitated due to space or location constraints, the MMRDA shall consider permitting such variations with prior approval MMRDA. Fire and safety : The concessionaire shall take all the necessary steps and install required fir fighting equipments and maintain them also during concession period .

v.

vi.

vii.

iv.

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SCHEDULE E - PROJECT COMPLETION SCHEDULE (The Project Completion Schedule as proposed by the Concessionaire) Sr. No. Project Milestone Date for Completion

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Appendix I General & Financial Information
All individual firms and companies are requested to complete the information in this format. The information supplied should be the annual turnover for the Bidder for the past five years, in terms of the amounts billed to clients for each year for work in progress or completed, in Indian Rupees. 1. Firm Particulars No. 1 2 3. 4 5 2. Particulars Name of Firm Head Office address: Telephone Contact Fax: e-mail: Place of incorporation/registration: Year of incorporation / registration: A Power of Attorney authorizing the signatory of the bid to commit the Bidder(s). Annual Turnover (in Indian Rs. ): for the last five years ending (31/03/2006) Liquid Assets (in Indian Rs. ): For the last three years ending (31/03/2006) Attach Brochure and details of each Firm(s) / Company pertaining to Ownership structure, business areas/activities, business growth revenue details, staff details and capability statement. Details of Contacts for the firm: Contact Person Contact A Contact Address Address, Telephone, Facsimile, Email
Address, Telephone, Facsimile, E Address, Telephone, Facsimile, E Address, Telephone, Facsimile, E-mail

3.

4.

5.

6.

Contact B Contact C Contact D

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Appendix 2
Structure & Operation Applicants shall submit the following information. 1. 2. 3. 4. Legal Status Place of registration Principal place for business Total value of eligible project works performed in the previous five years ending 31/03/2006 as indicated in the format.

Year 2001 - 2002 2002 - 2003 2003 - 2004 2004 - 2005 2005 - 2006

Name and Type of Project(s)

Value (Turn Over) in Indian Rupees Crores

Separate sheet should be used for details 5. Financial reports for the last five years: balance sheets, profit and loss statements, summary of net cash accruals, gearing level, auditor‟s reports, etc. List them and attach certified copies. A certified copy of Applicant‟s Current Memorandum and Articles of Association or other relevant constitutional documents and (where relevant) those of its immediate and all superior holding companies. Name, Address, Telephone and Fax numbers of the firm‟s bankers who may Provide reference if contacted by MMRDA.

6.

7. 8.

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Appendix 3
General Experience Record Bidders should provide information on undertaking construction of similar projects in last Five years (Separate Sheets for each project to be attached giving following details). A summary is to be provided in following format. Year Name of Work Name of Client with Contact details Contract No. and Date Value of Contract in Rs. Crores. Date Started and Date Role of Completed Applicant Remarks

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Annexure -4
Table 1 - Construction Price Schedule (Item-wise break up of construction cost to be indicated under the following heads)
Sr. No. Brief Item Description Unit Quantity Rate (Rs.) 1. Amount (Rs.) Sub Total (Rs. Lakh)

CIVIL WORKS

Sub total for Civil Works 2. Electrical Works (Solar Panels etc.) Sub total for Electrical Works 3. HORTICULTURE WORKS

Sub total for Horticulture Works

A

TOTAL (1+2+3) Contingencies

CONSTRUCTION

4 5

Interest During Construction (IDC)

6 7 8

Pre-Operative Expenses Taxes, Works Tax etc. Supervision including ConsultantCosts Any other Cost Head TOTAL LANDED PROJECT cost (A+4+5+6+7+8+9) Owner‟s

9 B

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Table2: Operation and maintenance Price Schedule
Sr. No. 1 2 3 4 5 6 Item Operation and Maintenance cost of FOBs and facilities Operation and Maintenance cost of Electrical Equipments Operation and Maintenance cost towards Manpower deployed Operation and Maintenance cost towards Administration Operation and Maintenance cost towards Security Any Other Costs Per year TOTAL O & M COST Schedule Unit Per year Per year Per year Per year Per year Quantity Rate (Rs.) Amount (Rs.)

Table 3: Grand Total Summary Sr. No. 1 2 Schedule TOTAL LANDED PROJECT COST (Schedule 1) TOTAL O & M COST (Schedule 2) GRAND TOTAL Sub Total (Rs. Lakh)

Table 4 : Revenue Generation Estimates Year of Operation First Second Third Fourth Fifth Sixth Seventh Eighth Ninth Tenth Estimated Revenue Generation (Rs. in Lacs)

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ANNEXURE – 5 I. FORM OF DRAFT CONTRACT AGREEMENT

This CONTRACT (hereinafter called the “Contract”) is made the ___ day of the month of ______ between, on the one hand , MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY (MMRDA) established and

constituted under the Metropolitan Region Development Authority Act, 1974 (Maharashtra Act IV of 1975) and having its office at Plot No. C-14 and 15, Bandra-Kurla Complex, Bandra(East), Mumbai – 400 051 hereinafter called the “Authority” (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to include its successor or successors and assignee or assignees) and, on the other hand M/s.

____________________________________ having its registered office at _______________________________________________________ hereinafter called the “Concessionaire” (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to include its successor or successors and assignee or assignees) WHEREAS: (a) The Authority has selected the Bidder to construct operate and Maintain the Foot over Bridges across (WEH/EEH/JVLR etc) as per the specifications mentioned in the bid document and as defined in the General Conditions of Contract. (b) By filling the bid document and signing it the Bidder has agreed to the Authority that they have the required professional skills, personnel, technical and financial resources and have agreed execute the items in the bid document on the terms and conditions set forth in this Contractual bid document. NOW THEREFORE the parties hereto hereby agree as follows: 1. The following documents attached hereto shall be deemed to form an integral part of this Contract Agreement. (a) The complete bid document including the Common Set of Deviation issued from time to time.

MMRDA

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Signature of Authorised Signatory

(b)

Minutes of the pre-bid meeting standard set of deviations/ corrigendum, drawing and instructions issued by IOC etc.

(c)

Any other communications issued prior to signing of the Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Contract to be signed in their respective names as of the day and year first above written.

FOR AND ON BEHALF OF MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY

_________________________________ Authorised representative for MMRDA Witness: 1. ___________________________ 2. ___________________________

By Authorised Signatory FOR AND ON BEHALF OF M/s. _______________________________ Witness: 1. ___________________________ 2. ___________________________

MMRDA

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Signature of Authorised Signatory

Format of Financial Offer
(on Bidders Letterhead)
To, The Chief, T&C Divn., Mumbai Metropolitan Region Development Authority, Bandra-Kurla Complex, Bandra (East), Mumbai – 400 051. Ref : Tender No. NO. T/MUIP/PUF/O6 Package No._______ on Road Names(________________________________) NAME OF WORK: Construction of Foot Over Bridges along WEH, EEH & JVLR in three packages on Design, Build, Operate & Transfer (DBOT) under MUIP.

Dear Sir, We hereby offer to execute the above mentioned contract for the Construction of Foot Over Bridges along WEH, EEH & JVLR in three packages on Design, Build, Operate & Transfer (DBOT). We are now submitting the Financial offer in detailed sheets for following three items (i) (ii) (iii) Cost estimates of a FOBs Revenue Generation Estimates Concession Period

Based on all the criteria & estimates we shall like to offer the concession period of

Concession Period offered in DAYS: Any other offer for consideration We have paid the Earnest Money Deposit vide Receipt No.__________ dated ________ . We do hereby agree that this sum of EMD shall not bear any interest and this sum shall be forfeited to the Authority, if : i) We withdraw or vary the tender after its submission within its validity period of 180 days. ii) We fail to deposit the amount against Security Deposit We declare that our offer is valid for a period of 180 days from the date of opening of tenders.

MMRDA

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Signature of Authorised Signatory

We have taken into consideration the fact that signing the „Form of Tender‟ shall be construed as if we have entered into the binding agreement with the Authority on the terms and conditions stated in the tender till we sign the contract / agreement documents. We do hereby submit our tender at our own free will. Yours faithfully, Signature & Address of the Bidder‟s Authorised Signatory Date : ____________ Telephone Nos

MMRDA

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Signature of Authorised Signatory


				
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