Download - E-TENDER RECALL TENDER NOTICE NO. 343 Volume 1amc.maharashtra.etenders.in/tpoimages/amc/tender/Tender343.pdf · 1 E-TENDER 2nd RECALL TENDER NOTICE NO. 343 Volume 1 AHMEDNAGAR MUNICIPAL

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E-TENDER

2nd RECALL TENDER NOTICE NO. 343

Volume 1

AHMEDNAGAR MUNICIPAL CORPORATION

The Commissioner, Ahmednagar Municipal Corporation (AMC), Ahmednagar invites bids in two envelop system from Bidders in the field of Construction & Real Estate Development for Development of 2124 SQM vegetable market & shopping centre at C.T.S. No.208 at Nehru Market,Chitale Road, Ahmednagar. on Finance Built &Transfer basis .

PROJECT STRUCTURE

Commercial development of approx.2613.47sqm built up area at the site. Construction and handling over of vegetable market ottas 72.00 nos. (approx.271.46 sqm) to A.M.C. free of charge. Commercial development of approx. built up area 2613.47 sqm at the site. and handling over of vegetable market ottas 72 NOS. nos.to A.M.C. free of charge.

PROJECT FEATURES

Estimated Project Cost: 390.00 Lacs

Plot area 1062.00 Sqm

Allocated F.S.I. 2.00 TWO

Concession Period (incl.Construction period)

3.00 years

Lease Duration 99.00 years

TENDER FEES (Non -Refundable)

EARNEST MONEY DEPOSIT(IN LACS)

PROJECT DEVELOPMENT FEES(IN

LACS) MODE OF PAYMENT

RS.10000/-- 3.90 RS. 12.50

(to be paid by the successful bidder)

Demand draft Of Nationalised / Scheduled Bank in favour of " E–Tender Deposit Fund Ahmednagar Municipal Corporations" AXIS BANK, A/c No.911020011270125

BIDDING DETAILS

Sr.No Envelopes Start Date & Time Expiry Date & Time

1 SALE OF TENDER FROM 04-09-2012 17:46 04-10-2012 15:00

2 PREPARATION OF TENDER 04-09-2012 17:46 06-10-2012 15:00

3 CLOSING OF TENDER 06-10-2012 15:01 06-10-2012 17:46

4 Pre-BID at Commissioner Office 18-09-2012 12:00 -----------

5 SUBMISSION OF TENDER 06-10-2012 17:46 11-10-2012 15:00

6 OPENING OF TECHNICAL BID 11-10-2012 15:01 12-10-2012 16:00

7 OPENING OF COMMERCIAL BID 12-10-2012 16:01 12-10-2012 17:45

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ELIGIBILITY CRITERIA

The Bidder /“Concessionaire” may be (i)an individual,(ii)a registered partnership firm,(iii)or a company ( a joint venture companywill not be allowed) incorporated under the Companies Act,1956,and any of (i),(ii),(iii) shall have proven capability & experience in construction of similar structures,real estate marketing and development of commercial centers.

The Bidder should have Net worth of Rs 150 Lacs at the time of submission of Bids while the average Annual Turnover of last three years should be at least 200 Lacs.

The Bidder should have developed at least 1(one)such simillar structures,real estate marketing and development of commercial centers.

The successful Bidder shall be selected through a two-packet bid evaluation system comprising of evaluation of Technical credentials and Commercial Offer i.e. the premium which he agrees to pay to the corporation.

CONTACT DETAILS FOR ENQUIRIES / CLARIFICATIONS

Architect Manojkumar

Jadhav, Avishkar Group,

Ahmednagar (Ph. 0241 - 2411171)

The Sectional Engineer, T.P. A.M.C.

The Town Planner, A.M.C.

The Dy. Commissioner AMC.

Commissioner, AMC reserves the right to revise or amend the notice and/or the tender documents, fully or partly prior to the date notified or on subsequent date. Commissioner, AMC reserves the right to reject any or all offers without assigning any reason thereof. Ahmednagar Commissioner,

Date: Ahmednagar Municipal Corporation

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SR.NO. CONTENT PAGE NO.

1 BACKGROUND .

2 NOTICE INVITING BIDS

3 DETAILED BID NOTIC

3.1 Details 0/the project

3.2 Eligibility

3.3 Earnest Money Deposit

3.4 Bid Validity

3.5 Pre-Bid Meeting

3.6 Project Development fee

3.7 Performance Security deposit

3.8 Premium

3.9 Alternative designs

3.1 Manner for submission of offers

3.11 Opening of bids

3.12 Evaluation and Acceptance

4 CONDITIONS OF PROJECT

4.1 Definitions

4.2 Interpretation

4.3 General conditions

4.4 Particular conditions

4.4.1 Rights and obligations of the Concessionaire and AMC

4.4.2 Execution of the project

4.4.3 Private Financing

4.4.4 Technical Control Of The Work

4.4.5 Order Of Precedence

4.4.6 Duties and responsibilities of Resident Engineer

4.4.7 inspection Of Works

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SR.NO. CONTENT PAGE NO.

4.4.8 Quality Control

4.4.9 Work Instruction Book

4.4.10 Insurance

4.4.11 Engagement of Sub-Contractors! Contractors

4.4.12 Force Majeure

4.4.13 Events of Default

4.4.14 Termination of the Contract .

4.4.15 Settlement Of Disputes .

4.4.16 Transfer on expiry of the concession period (or due to Termination of Contract)

4.5 Additional Conditions

4.5.1 Patent/Copy Right

4.5.2 Material For Works

4.5.3 Concessionaire’s And Staff And Workers

4.5.4 Explosives

4.5.5 indemnification

4.5.6 Precautions For Works

4.5.7 Setting Out Of Works

4.5.8 Safety Provisions:

4.5.9 Inspection Procedure

4.5.10 Treasures/Fossils

4.5.11 Site Clearance

4.5.12 Labour

4.5.13 Language

4.5.14 Notices

4.5.15 Laws

4.5.16 Special Purpose Vehicle (SPV)

4.5.17 Escalation

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4.6. Stipulations SUBMITTALS FORMS

1. BACKGROUND

Ahmednagar Municipal Corporation (AMC) is the local authority established under the Bombay Provincial Municipal Corporations Act for providing civic services like water supply, sewerage and drainage and development and maintenance of roads within the city limits of Ahmednagar

This land development project at

Development of 2124 SQM vegetable market & shopping centre at C.T.S..No.208 at Nehru Market,Chitale Road,,Ahmednagar. on Finance Built &Transfer basis .

through private sector investment has been proposed as a part of the development objectives of AMC and its endeavor to provide progressive facilities to its inhabitants.

The subject site

C.T.S..No.208 at Nehru Market,Chitale Road,,Ahmednagar.

is located in the prime market area of Ahmednagar city. The plot admeasuring 1062.00 SQM is averagely rectangular in shape and has two sides road frontage. The development plan of the city has accorded it a reservation for Shopping Center cum Vegetable Market’ status and has an FSI of 2 (TWO) .

AMC in order to exploit the site potential proposes to develop a shopping center & vegetable market on the property and had appointed AR.Manojkumar Jadhav (Avishkar Group) as Architect for the project. The Architects are responsible for preparation of Architectural design and cost estimates for the project.

The idea of execution of this project through private sector participation was conceived by AMC as the project merits suggested a successful stand-alone venture. The market feasibility study has recommend Finance Build Transfer (FBT) route as the most suitable development option, considering the demand potential for quality commercial facilities in the city.

The site currently houses Municipal Vegetable Market that is in a dilapidated condition. AMC proposes to develop this plot of land so as to provide a Vegetable Market and shopping center to

unlock its intrinsic value. The project’s architectural design envisages Ground floor+ First Floor +2 stored construction. The shopping center will also house a vegetable market that currently exists on the project site and rehabilitate.

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The project cost estimated by the Technical consultant is (approx.) Rs. 390.00 lakhs.

The private entrepreneur (developer) will be responsible to construct the entire project scheme as per the architectural design of AMC with his own funds (i.e. private financing) and in order to aid the

developer to recover his investment, AMC will give the developer the right to lease out commercial space admeasuring 1168.09 sqm

( Total approx. saleable B/UP area of ALL floors )

in the shopping center on a long-term lease of 99 years to prospective occupants of his choice on a payment of non-refundable up-front payments from them. The entire shopping center will be handed to AMC by the developer free of cost and liabilities immediately on completion of the concession period of 36 months from the date of signing the agreement.

The successful developer will be selected by AMC through Two Packet tendering process with the highest premium offered to AMC by the developer along with other aspects of qualification for the project described in the Bid Documents as the basis for selecting the developer.

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2 E-TENDER NOTICE INVITING BIDS

AHMEDNAGAR MUNICIPAL CORPORATION NOTICE INVITING BIDS : 2nd RECALL TENDER NOTICE NO. 343

The Commissioner, Ahmednagar Municipal Corporation (AMC), Ahmednagar invites bids in two envelop system from Bidders in the field of Construction & Real Estate Development for


PROJECT STRUCTURE

Commercial development of approx.2613.47sqm built up area at the site.

Construction and handling over of vegetable market ottas 72.00 nos.(approx.271.46 sqm) to A.M.C. free of charge. PROJECT FEATURES

Estimated Project Cost: 390.00 Lacs Plot area 1062.00 Sqm

Allocated F.S.I. 2.00 TWO

Concession Period(incl.Construction period)

3.00 Years

Lease Duration 99.00 Years

TENDER FEES (Non -

Refundable)

EARNEST MONEY

DEPOSIT(IN LACS)

PROJECT DEVELOPMENT FEES(IN LACS)

MODE OF PAYMENT

RS.10000/-- 3.90 RS. 12.50

(to be paid by the successful bidder)

Demand draft Of Nationalised/Scheduled Bank

in favour of " of “E–Tender Deposit

Fund Ahmednagar Municipal Corporations" account in AXIS BANK

A/c No.911020011270125 BIDDING DETAILS Sr.No Envelopes Start Date &

Time

Expiry Date &

Time








TERMS & CONDITIONS of TENDER

1 The sale of Tender form is only available on http://amc.maharashtra.etenders.in website online

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2 It is necessary to create the User Id and Password to participate in Tender process and to click

enrollment details new bidder for registration on http://amc.maharashtra.etenders.in

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Please mention D.D. No. Name of the Bank & Tender No. in details note on the both side of

slip ( Consumer copy & bank copy ). The scan copy of Tender form purchased cost DD and

EMD DD should be sent to e-mail address : [email protected] of Corporation.

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4 No any kind of interest will be paid on Earnest Money.

5 The Tender Holder has to use DIGITAL SIGNATURE KEY for submission.

6 Sale of Tender form and ACCEPTANCE of Tender procedure will be done by Online only.

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The published Tender notice in News Papers or Web Site etc. is a part of Terms & Conditions

of the Tender.

It is a sole responsibility of Tender Holder for non - receipt of Tender form on LAST DAY &

DATE of sale or non – submission on last day and date of Online submission.

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If there is a official holiday on the last day of tender opening the tenders will be open on next

official date

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The Commissioner, Ahmednagar Municipal Corporation reserves the right to accept or reject or

to give extension in submission period or cancellation of called Tenders without assigning any

reason there to.

ELIGIBILITY CRITERIA

The Bidder /“Concessionaire” may be (i)an individual,(ii)a registered partnership firm,(iii)or a company (a joint venture company will not be allowed) incorporated under the Companies Act,1956,and any of (i),(ii),(iii) shall have proven capability & experience in construction of similar structures, real estate marketing and development of commercial centers. The Bidder should have Net worth of Rs 150 Lacs at the time of submission of Bids while the average Annual Turnover of last three years should be at least 200 Lacs. The Bidder should have developed at least 1(one)such simillar structures,real estate marketing and development of commercial centers. The successful Bidder shall be selected through a two-packet bid evaluation system comprising of evaluation of Technical credentials and Commercial Offer i.e. the premium which he agrees to pay to the corporation.

CONTACT DETAILS FOR ENQUIRIES / CLARIFICATIONS

Architect Manojkumar

Jadhav, Avishkar Group,

Ahmednagar (Ph. 0241 - 2411171)

The Sectional Engineer, T.P. A.M.C.

The Town planner, A.M.C.

The Dy. Commissioner, AMC.

Ahmednagar Commissioner,

Date: Ahmednagar Municipal

Corporation

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3 DETAILED BID NOTICE

Commissioner of Ahmednagar Municipal Corporation (AMC) invites sealed offers (two-envelope format) in the prescribed form from bidders in the field of construction for the following project on Finance Build and Transfer (F.B.T) basis with private financing.

3.1 Details of the project

Name of the project


Plot Area: 1062.00 sqm.

F.S.I.: 2.00

Project Area: 2613.47 SQM

(approx.including basement area.)

Commercial Area.: 1168.09 APPROX.B/UP AREA OF SHOPS AND OFFICES OF ALL FLOORS

Work to be executed

Vegetable Ottas. 72.00 NOS.

Estimated cost of Construction

Rs. 390.00 lacs Rs. three hundred ninety lacs and . nil thousand only

Amount of Earnest Money Deposit

3.90 lacs Rs. three lacs and . ninety thousand only

Rs. 19.50 lacs Rs. nineteen lacs and . fifty thousand only

Amount of Performance

Security or 5% of the project cost whichever is higher.

Amount of Project Development charges.

Rs. 12.50 lacs Rs. Tweleve lacs and . Fifty thousand only

Period of Concession

36 months (inclusive of 18 months(construction period)

BIDDING DETAILS

Sr.No Envelopes Start Date &

Time

Expiry Date &

Time








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Interested Bidders may download the bid documents (non -transferable) at

http://amc.maharashtra.etenders.in by paying Rs. 10,000!- (Rupees TenThousand

only) in the form of demand draft favoring “E–Tender Deposit Fund Ahmednagar

Municipal Corporations" account in AXIS BANK A/c No.911020011270125 .

AMC reserves the right to revise or amend this notice and or Bid documents fully or partly, prior to the last date notified for submission of offers or on any subsequent date.

AMC also reserves the right to accept or reject any or all the offers without assigning reason thereof.

3.2 Eligibility

3.2.1

The entrepreneurs /bidders may be an individual, proprietary or partnership firms, companies formed under companies law, consortium or joint venture of companies having sound financial capacity with appropriate experience in civil engineering construction and real estate development. The entrepreneurs are expected to have a sound experience in development or works in hand for at least two projects of similar nature i.e. Commercial/Residential/Complexes, Property Development, of 1000 sqm each and marketing the same.

3.2.2 Each bidder will submit only one bid either by himself or as a partner in joint venture! consortium. Any bidder participating in more than one bid will be disqualified.

3.2.3 The bidders should have proven capability and experience in construction of similar structures, real estate marketing and development of shopping centers. The bidders have to furnish documentary evidence in support of their expertise and experience.

3.2.4

The bidder should have achieved an average annualized turnover in the past three years of not less than Rs. 150.00 Lakhs. The net worth of the bidder should be at least Rs. 100 Lakhs at the time of submission of the bid. In case of a Joint Venture, the total of all the parties to the joint venture shall be considered for this purpose.

3.3 Earnest Money Deposit

The Bidder will submit an Earnest Money Deposit (EMD) amounting to Rs.

3.90 lacs

Rs. three lacs and . ninety thousand only

in the form of demand draft favoring “E–Tender Deposit Fund Ahmednagar Municipal Corporations" account in AXIS BANK A/c No.911020011270125.

The EMD of the unsuccessful bidder will be returned within a period of 15 days from the date of signing the concession agreement with the successful bidder.

The EMD amount shall be forfeited if the bidder withdraws its proposal before the Proposal Validity period, or fails to adhere to conditions of this bid.

The EMD amount shall be forfeited if the successful bidder fails to pay the first installment of the premium, project development fee and sign the concession agreement with AMC within the prescribed time frame.

The EMD amount of the successful bidder paid in cash or Demand Draft can be adjusted in the premium and/or project development fee. concession agreement with the successful bidder.

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3.4. Bid Validity

3.4.1 Completed bids in the prescribed formats with requisite enclosures should indicate that the bid would remain valid for a period of 180 days from the date of submission of the bid. AMC reserves the right to reject any bid that does not meet this requirement.

3.4.2

In exceptional circumstances, prior to the expiry of the bid validity period, AMC may request the bidder in writing to extend the period of validity for a specified additional period. A bidder may refuse the request without forfeiting its FMD, but a bidder accepting the request will not be allowed to modify his bid but will be required to extend the validity of the bid for the period of extension.

3.5 Pre-Bid Meeting

3.5.1

A pre bid meeting open to all bidders who desire to submit bids will be held on 18/09/ 2012 at 12:00 pm in the Commissioner’s office, Ahmednagar Municipal Corporation, Ahmednagar wherein, the bidders Will have an opportunity to obtain information! clarifications regarding the project and the conditions in the Bid Documents.

3.5.2 The bidders are requested to forward their queries in writing to the City Engineer & Architect, Ahmednagar Municipal Corporation, Ahmednagar, at least 3 days prior to the aforesaid pre-bid meeting date.

3.5.3

Based on the written queries sent by the bidders before the pre-bid meeting and raised during the pre-bid meeting, a Common Set of Deviations shall be issued which shall form part of the Bid Document (which will be common and applicable to all bidders irrespective of whether the bidder has attended the Pre Bid Meeting or not)

3.5.4

The offers submitted by the bidders shall be based on the Bid Documents and Common Set of deviations issued. Bidders are cautioned that the offers containing any material deviation from the contractual terms and conditions of contract specifications and other requirements relating to the project(s) specified in the Bid documents shall be liable to be summarily rejected.

3.5.5

The evaluation and acceptance of bids shall be made as per para 3 10, 3.11 and 3.12 hereof. Right to use evaluation through a committee constituted by the Department, for the purpose or through consultants appointed for the same, is reserved by the AMC.

3.6 Project Development fee

3.6.1 The successful bidder will pay AMC

Rs. 12.50 lacs Rs. Tweleve lacs and . Fifty

thousand only

by demand draft or banker’s cheque drawn on “Commissioner, Ahmednagar Municipal Corporation” payable at Ahmednagar, at the time of signing of the concession agreement towards project development fee. This fee is not refundable under any circumstances.

3.7 Performance Security deposit

3.7.1

The bidder whose bid has been accepted shall have to deposit with the AMC at the time of signing of the concession agreement, Performance Security Deposit amount as specified herewith either in Demand Draft or in the form of a Bank Guarantee from a Nationalized or Scheduled Bank for equivalent amoun

3.7.2 The Performance Security Deposit Amount to be paid to AMC by the successful bidder shall be

5%

of the project cost or

Rs. 19.50 Rs. nineteen lacs and . fifty thousand only

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3.7.3

All Compensations or other sums due and payable to AMC by the Concessionaire under the terms of this contract or of any other contract with AMC may be deducted from. this performance security deposit or from any sums which may be due to him or may become due to him on any account by theA.MC

3.7.4 AMC shall not pay any interest on the amount of performance security deposit paid by the Concessionaire whether paid in cash or otherwise.

3.7.5

The Performance Security Deposit shall remain with the AMC during the defects liability period of 5 years after grant of occupancy certificate for the shopping center and by way of security covers due observance and performance by the Concessionaire of all the terms and conditions contained in the concession agreement to be executed.

3.8 Premium

3.8.1 The successful bidder shall pay the AMC the premium quoted by him in “Submittal B” of the Bid documents, and finally accepted by AMC after negotiating, if any.

Minimum premium amount should be

Rs ( IN LACS.)

200.00 Rs. Two hundred lacs and . nil thousand only

• In addition to the premium amount the successful concessioner should handover Rs.50,00000/-(Rs.fifty lacs only)towards the beautification of chitale road.

3.8.2 The successful bidder shall have to pay AMC the first installment of the premium at the time of signing of the concession agreement. The schedule of payment of premium by the Successful Bidder to AMC is as follows:

Installment

No. Percentage of

Premium To be Paid by successful

bidder/Concessionaire

i 25% At the time of or before signing concession agreement.

ii 50% On or before completion of Twelve months after signing concession agreement.

iii 100%

On or before completion of Eighteen months after signing concession agreement.

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3.8.3

The Premium shall be paid through demand draft or banker’s cheque drawn on “Commissioner, Ahmednagar Municipal Corporation” payable at Ahmednagar. This amount paid to AMC by the successful bidder shall be non-refundable /non-adjustable under any circumstances.

3.8.4

The Concessionaire shall make timely payments of the premium as per the schedule aforesaid. Any delay in the payment of Premium amount shall entail a delayed payment interest @ 2% per month from the due date till the date of payment or realization thereof on the amount outstanding. The Commissioner AMC reserves the right to take action under clause 4.4.14 if any premium payment delay is over 3 months.

3.9 Engineering designs

3.9.1

AMC has provided the Architectural Design of the shopping center in the Volume 2 of the bid documents. This design has to be approved by the Town Planning department of AMC by the Successful bidder . The Architect for the project will provide the Successful bidder the structural design of the shopping center.

3.9.2 The payment for the structural designs for the project shall be made directly by the Successful bidder to the architect at Rs.7/sqft of the construction area. The payment shall be made as per the schedule of release of drawings to the Concessionaire.

3.10 Manner for submission of offers

3.10.1 The bid submitted by the bidder shall comprise of two separate envelopes- Envelope 1, marked Technical and Financial bid and Envelope 2, marked Commercial bid.

3.10.2

Envelope 1 marked Technical and Financial bid shall contain, along with all submittals, all the technical and financial details complete with all information and materials requested throughout the biding document. Financial details for the purpose of this envelope shall mean the financial status and capacity of the bidder to undertake the proposed project. All documents submitted vide envelope 1 will be signed and stamped by the authorized signatory of the bidder.

3.10.3 Envelope- 2, marked Commercial bid will be as per Submittal B, duly signed and stamped.

3.10.4 Both these Envelopes shall be uploded online at http://amc.maharashtra.etenders.in

3.10.5 The bid submission will be only online at http://amc.maharashtra.etenders.in

3.10.6 The bidder should ensure that their offer is received before the expiry of the due date and time.

3.10.7

A summary of the mandatory submittals required for Envelope 1, is mentioned below. This summary is for information only and may not be inclusive of all requirements of the bidding document, and the bidder should carefully review the bidding document to ensure that the submittals of the Envelope are as per the requirements of the bidding document.

3.10.8 Envelope 1: Technical and Financial bid;

1 Submittal A (A-1 to A-9)

2 In case bidder is a partnership firm he must attach / present partnership deed.

3 In case company is formed under company law - Memorandum of Association and Articles of Association.

4 Audited Balance Sheet and Profit & Loss statements for past three years. Income Tax Clearance certificate as on date of submission of the bid.

5 Solvency certificate from their bankers and/ or competent authority stating

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that the bidder is solvent and not a “Non Performing Asset” Account.

6 Proposed Project Schedule (Bar Chart)

7 Earnest Money Deposit

Envelope 2: Commercial Bid

Submittal B duly filled in and signed by the authorized signatory It may be noted that the Commissioner, AMC reserves the right to reject any or all the Bids without assigning any reason.

3.11 Opening of bids

3.11.1 On the date specified in the Detailed Bid Notice, the following procedure shall be adopted for opening of the bids:

3.11.2

Envelope No.1: Envelope No.1 of the bid will be opened first by the bid opening authority to verify its contents as per requirements specified in bid documents. If various documents contained in this envelope do not meet the specified requirements, a note shall be recorded accordingly by the bid opening authority and the envelope No. 2 shall not be considered for acceptance of the bid. However, the right to ask for the missing/incomplete information is reserved by AMC. After opening of the envelope No.1 the City Engineer & Architect and Commissioner shall first decide the post qualification of the Concessionaires on the basis of the information contained in Envelope No. 1. The post qualification criteria shall consist of the following:- (1) Annual Turnover during the last 3 years not less than Rs. 150 Lakhs and (2) Present Net worth not less than Rs.100 Lakhs in addition to the credentials of the developer to undertake such kind of project.

3.11.3

Detailed scrutiny of the components of the Envelope No.1 may take some time as it involves evaluating financial capabilities, technical capabilities, evaluation, references, past performance of the bidder, etc. and soundness of the technical proposal, and also asking for missing information,clarifications or compliance with bid documents.

3.11.4

Envelope No 2 : Envelope No 2 of only those bidders who have fulfilled the requirements stipulated in Envelope No.1 above shall he opened by the bid opening authority. A suitable date and time for the opening of Envelope No2 will be intimated and it shall be opened in the presence of only those Bidders whose Envelope 2 is to be opened. The commercial bid shall be read out to all the bidders or their representatives who will be present at the time of opening thereof

3.12. Evaluation And Acceptance

3.12.1 After opening of Envelope No.2 the commercial bid shall be evaluated on the basis of the highest premium offered by the bidders therein subject to the Development Control Regulations of AMC. The most beneficial offer from the point of view of the AMC shall be considered for acceptance.

3.12.2 The right to negotiate with any of the bidders whose offer has been found to be responsive and attractive to the AMC is reserved with AMC.

3.12.3 The acceptance of the Bid shall be communicated to the successful bidder in writing in Form No. 1 contained in the Bid Document either by the bid opening authority or any other officer of the AMC authorized to do so. The bidder shall

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then be asked to pay the Project development fee, the first installment of the premium, Performance Security Deposit and enter into an agreement with the Ahmednagar Municipal Corporation in Form No 2 within 30 days of AMC communicating the award in writing in Form No. 1. In the event of failure of the successful bidder to sign the Concession Agreement within the stipulated time frame, he would be disqualified and his EMD will be forfeited. Subsequently the next most competitive bidder would be invited to take up the project.

3.12.4 The successful bidder and the AMC will enter into an agreement comprising the original copy of the bid documents including common set of deviations, revisions amendments, correspondence with and by the Department and the drawings, in the form of agreement given in Form 2.

3.12.5 The earnest money deposit of the successful bidder shall be returned after he enters into an agreement with AMC as stipulated above. However, if so desired, the successful bidder may convert the Earnest Money Deposit, as a part of the project development fee and] or premium. The earnest money deposit of the unsuccessful bidders will be returned within 15 days after the concession agreement is signed with the successful bidder as above or after expiry of bid validity period whichever is later.

4. CONDITIONS OF PROJECT

4.1. Definitions

4.1.1 “Applicable Laws” means any statute, law, regulation, ordinance, rule, judgment, order, decree, bye-law, approval, directive, guideline, policy, requirement, or other government restriction or any similar form of decision of, or determination by, or any interpretation or administration having the force of law of any of the foregoing, by any Government Authority having jurisdiction over the matter in question, whether in effect as of the date of this Agreement or thereafter.

4.1.2 “Approved Design” shall mean the design and specifications of the project! shopping center that complies with the DC Rules of AMC and is

approved by the TownPlanner A.M.C. The approved design is enclosed wide Volume 2 of the bid documents.

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4.1.3 “Architect” shall mean the Technical Consultant /Architect to AMC responsible for providing designs, drawings and overseeing the construction of the project on behalf of AMC.

4.1.4 “Area” shall mean the built up area in square meters.

4.1.5 “Bid” shall mean priced offer and all supporting documents submitted by the bidder during the bidding stage.

4.1.6 “Bidder” shall be as defined in clause 3.2

4.1.7 “Bid document” shall mean the bid documents issued by the Commissioner,

Ahmednagar Municipal Corporation pursuant to tender dated 29/ 09/ 09.

4.1.8 “Chargeable Area” shall mean the area of the office, shop,showroom space in sq mtr of the Shopping center designated in the drawings annexed to Volume 2 of the Bid Documents.

4.1.9 “City Engineer” shall mean City Engineer, Ahmednagar Municipal Corporation or any other officer of equivalent rank appointed by the Commissioner AMC as in charge of the Project.

4.1.10 “Commissioner” shall mean the Municipal Commissioner of Ahmednagar Municipal Corporation.

4.1.11 “Concessionaire” may be (1) an individual (2) a registered partnership firm (3) a company registered under the Companies Act 1956. (4) a joint venture or a consortium formed out of 1,2,3 and or 4 above and shall include their legal heirs,administrative successors, representatives, assignees, etc. Concessionaire may also mean Successful Bidder.

4.1.12 “Concession Period” shall mean the period of 36 months from the date of signing the concession agreement as offered by AMC to the Concessionaire for leasing out commercial space of the Shopping center.

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4.1.13 “Commencement Date” shall mean the date on which the concession agreement is signed.

4.1.14 “Shopping center” shall mean the project developed by the Concessionaire as per the approved design.

4.1.15 “Consultant (s)” shall mean the consulting Firm /Company so appointed by the AMC to advice on any matter pertaining to the execution of the project.

4.1.16 “Concession Agreement or Agreement” means agreement dated entered into by the concessionaire and AIVIC in respect of the project.

4.1.17 “Contract documents” shall comprise the following:

a) The bid documents, signed by the Concessionaire in token of acceptance.

b)Common Set of Deviations signed by the Concessionaire in token of acceptance.

c)Bid submitted by the Concessionaire along with other details during the bidding stage

d) A1- correspondence between the AMC and the Concessionaire after opening the bid and up to acceptance of bid by AMC.

e) Letter of acceptance of offer in favour of the Concessionaire.

f)Any other document as may be mutually agreed to form a part of the contract document.

All the above documents and letters shall he collectively referred as Contract document

4.1.18 “Construction phase” means the period from the date of signing the concession agreement till the end of construction of the project (Eighteen months

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from the date of signing of the Concession Agreement).

4.1.19 “Date of end of concession period” shall mean the date of completion of 36 months from the date of signing the concession agreement.

4.1.20 “Development Control Regulations! DC Rules” shall mean the Development Control Regulations for Ahmednagar Municipal Corporation. The same is the Standardized Builting Bye Laws and Development Control Rules for Class A Municipal Councils of Maharashtra (Issued by the Government of Maharashtra, Urban Development Department). 4.1.21 “Department” shall mean the Public Works Department, AMC, Ahmednagar.

4.1.22 “Engineer” shall mean the Engineer nominated appointed by the City Engineer & Architect as in charge of the project.

4.1.23 “FBT” shall mean Finance Built Transfer, implying that the successful bidder is responsible for arranging the means of finance for the project, construct the same as per the approved designs and specifications of AMC, handover the same to AMC free of cost, market the commercial space of the Part A of the shopping center to prospective occupants and transfer the project to AMC free of cost after completion of the concession period.

4.1.24 “Form” shall mean the form prescribed under the Bid Documents.

4.1.25 “Good Industry Practice” means the exercise of that degree of skill, diligence and prudence and those practices, methods, specifications and standards of equipment, safety and performance, as may change from time to time and which would reasonably and ordinarily be expected to be used by a skilled and experienced operator engaged in construction, operation and maintenance of the facility, equipment or systems of the type and size similar to the project.

4.1.26 “Lease Agreement” shall mean the tripartite agreement entered into by the Concessionaire, AMC and Occupant as per the Form 3 in Volume I of bid document.

4.1.27 “Lease Charges, rentals” shall mean the amount payable for the chargeable area occupied by the occupant in the shopping center to AMC during

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the lease period.

4.1.28 “Lender” could be (i.) an individual (ii.) a registered company (iii.) Cooperative/Schedule bank or (iv) a joint venture of any of the above that provides financial assistance to the concessionaire.

4.1.29 “Occupant (s)” shall mean individual, proprietary or partnership firms, companies formed under companies law, consortium or joint venture of companies or any entity having a legal identity that has been granted the lease/ occupancy right by the Concessionaire in Part A of the Shopping center through the tripartite lease agreement entered into by AMC, Concessionaire and the Occupant

4.1.30 ‘Parties” shall mean the parties to this Contract! Concession Agreement collectively and “Party” shall mean either of the Parties to this Contract! Concession Agreement individually.

4.1.31 “Part A of the shopping center” shall mean the area on the Ground, First & second floors of the shopping center comprising of shops, offices, showrooms earmarked for commercial exploitation by the Concessionaire to be constructed as per the approved designs and specifications of AMC.

4.1.32 “Part B of Vegetable market” shall mean the part /area on the Ground Floor in the shopping center earmarked to be handed to over to AMC free of cost to AMC. Part B of the shopping center is marked as Vegetable Market in the Architectural Design of the Shopping center provided in Volume 2 of the bid document.

4.1.33 “Premium” shall mean the consideration paid by the Concessionaire to AMC for grant of right to develop the project.

4.1.34 “Project” shall mean the Development of a 2124 sq m Shopping Center cum Vegetable Market on CTS no. 208, Nehru Market, Chitale Road, Ahmednagar on Finance Built Transfer (FBT) Basis

4.1.35 “Project cost” shall mean the cost indicated by the Concessionaire for covering all the activities in project as per Submittal B; submitted by the Concessionaire along with his bid and as finally accepted by the AMC after negotiating if any, with the Concessionaire. It shall be inclusive of all taxes reasonable profit, interest, etc.

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4.1.36 “Project Facility! Facility” shall mean and include all works to be constructed under the project.

4.1.37 “Resident Engineer” shall mean the Authorized Engineer Representative of the Concessionaire engaged by the concessionaire in charge of the work! project at the site.

4.1.38 “AMC” shall mean Ahmednagar Municipal Corporation

4.1.39 “Scope of Work” means the construction scope of work for the project in line relevant clauses of volume 2 of bid documents.

4.1.40 “Submittal” shall mean the format prescribed under the Bid Documents for bidder to provide information to AMC, to aid in bid evaluation.

4.1.41 Sub-Contractors! Contractors” shall mean any person possessing the requisite skill, expertise and capability for construction of civil structural electrical engineering structures! equipment engaged by the concessionaire for executing a part of the project.

4.1.42 “Successful Bidder” shall mean the bidder whose bid has been found acceptable to AMC as per clauses 3.10, 3.11, 3.12 hereof.

4.1.43 “Temporary works” shall mean all the works of every kind required for or in connection with the execution of the Project, but which does not permanently form a part of the Project

4.1.44 “Work/Works” shall mean all the works relating to the project to be executed by the Concessionaire in accordance with the Concession Agreement and shall include all extra or additional or substituted works in terms of agreement.

4.2. Interpretation

4.2.1 In this agreement, unless the context otherwise requires, any reference to a statutory provision shall include such provision as is from time to time modified or re-enacted or consolidated so far as such modification or re-enactment or consolidation applies or is capable of applying to any transactions entered into hereunder

4.2.1.1 References to Indian law shall include the laws, acts, ordinances, rules, regulations, guidelines or byelaws which have the force of law in any State or Union Territory forming part of the Union of India

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4.2.1.2 The words importing singular shall include plural and vice versa, and words denoting natural persons shall include partnerships, firms, companies, corporations, joint ventures, trusts, associations, organizations or other entities (whether or not having a separate legal entity)

4.2.1.3 The headings are for convenience of reference only and shall not be used in, and shall not affect, the construction or interpretation of this Contract

4.2.1.4 The words “include’ and “including” are to be construed without limitation

4.2.1.5 References to “construction” include, unless the context otherwise requires investigation, design, engineering, procurement, delivery, transportation, installation, processing, fabrication, testing, commissioning and other activities incidental to the construction;

4.2.1.6 Any reference to any period of time shall mean a reference to that according to Indian Standard Time;

4.2.1.7 Any reference to day shall mean a reference to a calendar day;

4.2.1.8 Any reference to month shall mean a reference to a calendar month;

4.2.1.9 Any reference at any time to any agreement, deed, instrument, license or document of any description shall be construed as reference to that agreement, deed, instrument, license or other document as amended, varied, supplemented, modified or suspended at the time of such reference;

4.2.1.10 References to recitals, Articles, sub-articles, clauses, or Schedules in this Agreement shall, except where the context otherwise requires, be deemed to be references to recitals, Articles, sub-articles, clauses and Schedules of or to this Agreement;

4.2. 1.11 Any reference to any period commencing “from” a specified day or date and “till” or “until” a specified day or date shall include both such days or dates;

4.3. General conditions

4.3.1 The bidder will have to quote for the Premium offered to AMC in the Commercial Bid. The Concessionaire will pay the premium to AMC as per the schedule in clause 3.8 above.

4.3.2 The concession period shall include the construction period. The concession period will start from the day the concession agreement is signed. The work order shall be issued( deemed to be issued) on the day of signing of the agreement as per Form 2.

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4.3.3 The bidder will bear all costs associated with the participation and submission of bids and AMC in no case will be responsible or liable for reimbursement of costs regardless of the outcome of the bidding process.

4.3.4 The bidder would be deemed that prior to the submission of the bid, the bidder has;

• Made a complete and careful examination of requirements and other information set forth in this bid document

• Made a complete and careful examination of various aspects of the project including but not limited to 1 -The site, 2- Existing facilities and structures, 3-The conditions of the access roads 4-Market feasibility.

All information provided by AMC in respect of this project is indicative and for guidance only.

4.3.5 At any time prior to the Bid due date, AMC may for any reason, whether at its own initiative or in response to clarifications requested by a bidder, modify the bid document by the issuance of an addenda. Any addenda if issued will be sent in writing to all the bidders who have received and acknowledge receipt thereof to AMC. AMC also reserves the right to subsequently modify the conditions mentioned herein the bid documents during the construction of the project to improve the bankability of the document.

4.3.6 AMC will select the successful bidder based on its evaluation of the Technical & Financial bid and the highest premium quoted in the commercial bid.

4.3.7 AMC is not obliged to grant the concession! project to the highest bidder if his bid does not comply with the DC rules and AMC reserves the right to annul and! or modify the bidding process accept or reject any offer without assigning any reasons thereof, and] or call for re-bids.

4.3.8 The bidder whose bid has been found prima-facie acceptable will be invited by AMC for negotiations & discussions. The successful bidder will be issued LOT (Letter of Transmittal)as per form 1.

4.3.9 The successful bidder (i.e. Concessionaire) will enter into a concession agreement as perform 2 with AMC within 30 days from the issue of LOT along with a payment of project development fee to AMC, security deposit and first installment of premium. Thereafter the Concessionaire shall construct the project as per the approved design and schedule.

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4.3.10 The entire source of funding for the project will need to be arranged by the Concessionaire. AMC will not provide any guarantees to the lenders of the project. AMC will not provide the concessionaire any advances or loans or grants for the project.

4.4. Particular conditions

4.4.1 Rights and obligations of the Concessionaire and AMC

4.411 AMC in consideration of the concessionaire agreeing to perform and discharge its obligations as set forth in this contract will allow the concessionaire to enter upon the site for the project. The concessionaire shall have an exclusive right to enter upon, occupy and use the plot for the purpose of implementing the Project in accordance with this contract.

4.4.1.2 The site provided by AMC to the concessionaire for the shopping center will be free of encroachments and encumbrances.

4.4.1.3 The Concessionaire at his cost, charges and expenses shall duly construct the project strictly as per the following:

� Within a time frame of 18 months from the date of signing the concession agreement.

� Technical Scope of the work as specified in detail in Volume 2 of the Bid Document.

� Approved Design and specifications

4.4.1.4 The concessionaire shall carry out the construction of the shopping center entirely at his Cost, charges and expenses in accordance with the Project Construction schedule and obtain from the City Engineer & Architect a certificate as to completion of construction of Project Facilities in accordance with the provisions of this contract within 18 months for the project from the date of signing the concession agreement.

4.4.1.5 The Concessionaire shall prepare the structural and construction designs of the Project Facilities and get the same approved by the City Engineer & Architect prior to commencement of work at site. The concessionaire shall provide all superintendence, labour, plant, material and equipment, as may be required for construction.

4.4.1.6 The Concessionaire shall provide all the necessary Fire Protection Requirements for the Shopping center in with the DC Rules so as to ensure safety from fire and get it approved by the Chief Fire Officer of AMC.

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4.4.1,7 The Concessionaire shall at all times ensure that the construction activity at the site complies with Applicable Laws and give priority to safety in its construction and planning of activities in order to protect life7 health, property and environment.

4.4.l.8 The Concessionaire will have to obtain all clearances necessary br construction of the facility and promptly carry out at its cost such further works as may be necessary to remove any defects or deficiencies observed by the City Engineer & Architect and ensure completion of construction of the project in all respects in accordance with the contract documents. AMC will assist the concessionaire wherever possible. However, AMC shall not be responsible for any delays in project schedule, additional expenditure or losses.

4.4.1.9 The Concessionaire shall be deemed to have carefully studied the work and site conditions, specifications, schedules and drawings and various other data and shall be deemed to have visited the site of the work and to have fully informed himself regarding the local conditions. He shall be deemed to have carried out his own surveys and investigations and assessment of site conditions. He shall be deemed to be aware of all statutory requirements, including those concerning labour and the local conditions/status of availability employment of labour He shall be deemed to have made his own assessment of present and future market and have accordingly worked out his proposal. Any data made available by AMC to the concessionaire is for information only. AMC under no circumstances will entertain claims with respect to the authenticity and/or accuracy of the information provided.

4.4.1.10 Except as otherwise provided, the concessionaire shall not assign its rights, persons without prior written title or interest in the agreements in favour of any assign its rights, interests and consent of AMC. Provided the concessionaire may benefits under the agreements (only during the concession period) to the lenders as security for the financial assistance. Provided further nothing contained in this condition shall: (1) absolve the concessionaire from its responsibilities to perform! discharge any of its obligations under and in accordance with the provisions the agreements. (2) shall authorize or be deemed to authorize the lenders to operate the facilities themselves.

4.4.1.11 The concessionaire will be allowed to collect up-front payments from prospective occupants of the Part A of the shopping center subject to the condition that such payments collected will be deposited in a nominated bank account and the concessionaire will draw funds from this account in accordance with the construction schedule of the project. The concessionaire is not allowed to collect any lease rentals from the occupants.

4.4.1.12 The concessionaire shall enter into tripartite agreement with the occupants of Part A of the shopping center as per the draft agreement enclosed vide Form 3 and submit the same to the City Engineer & Architect for signing.

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The authorized signatory of AMC shall sign the tripartite agreement within fifteen working days from submission of the same subject to the concessionaire

complying with the contract documents and br clause 4.4.4.6 hereof. If the City Engineer & Architect does not communicate the reasons for not signing the tripartite agreement within the said time period, the Concessionaire shall bring the same to the notice of the Commissioner, A.MC and request him to take appropriate action in this regard.

4.4.1.13 The monthly rentals payable by occupants of the shopping center will under no circumstances be lower than the lease rentals specified in clause 4.6.19 of the bid document.

4.4.1.14 The concessionaire will hand over vacant possession of Part B of the shopping center to AMC free of cost immediately on receipt of Occupancy Certificate for the Shopping center. The Concessionaire will have no rights whatsoever on the Part B of the shopping center. The Commissioner, AMC will be the ultimate authority in deciding the occupants in the Part B of the Shopping center.

4.4.1.15 The Concessionaire shall hand over the vacant possession of the Part A of the shopping center to its occupants only after receipt of completion and occupancy certificate from relevant authorities of AMC.

4.4.1.16 The Concessionaire prior to completion of the concession period shall form a registered Co-operative Society of the Occupants to be known by a name of Concessionaire’s choice for maintaining the Shopping center. The concessionaire shall get the Co-operative Society formed approved by the Registrar of Cooperative Societies under the provisions Maharashtra Co-operative Societies Act of 1960,

4.4.1.17 At the end of the concession period the concessionaire shall transfer the project to AMC free of cost without any liability. The concessionaire shall not have any right over the project after the end of concession period.

4.4.1.18 The concessionaire shall be responsible for all expenses with respect to maintaining the Shopping center till the formation of the Co-operative Society or end of concession period whichever later. Thereafter the Co-operative Society of the Occupants would be responsible for all expenses related to the maintenance of the Shopping center.

4.4.1.19 It is the obligation of the concessionaire to construct the project facilities as per good industry practice and shall be responsible for defects liability as defined in Volume 2 of the bid document arising from the shopping center for a period of 5 years from the date of grant of occupancy certificate for the shopping center by AMC.

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4.4.1.20 The ownership rights of the site and project facilities are not transferred to either the Concessionaire or the Occupants at any point of time. AMC shall always own the premises. The concessionaire shall only have the right to collect up-front payments from the occupants of the shopping center for the purpose of executing the project. The occupants will have the right only to occupy the premises and not own it.

4.4.1.21 The concessionaire shall during the concession period pay in a timely manner all taxes, duties, levies, chess and charges that may be levied, claimed, or demanded from time to time by Government Authority including any increase therein effected from time to time from any Government Authority, in respect of the facility. AMC shall not be responsible for failure by the concessionaire to make such payments.

4.4.1.2.2 The concessionaire shall be deemed to have occupied the commercial space in Part A of the shopping center remaining vacant i.e. lease agreements for any of the shops offices showrooms in the Part A of the shopping center have not been entered into with prospective occupants at the end of the concession period. The Concessionaire shall enter into an Agreement with AMC for such vacant shops showrooms offices and pay lease rentals to AMC as per Clause 4.6.19 of the Bid documents.

4.4.1.2.3 The concessionaire may be allowed to modify the design of the Shopping Center without disturbing the structural integrity of the structures in order to facilitate marketability of the Shopping Center, subject to prior written permission of the City Engineer & Architect of AMC, provided nothing contained in this condition shall entail the concessionaire to claim any additional benefits or compensations in lieu of increase of decrease in the area of the shopping center.

4.4.1.2.4 The area of each shop/office/showroom of the Shopping center is given in the Drawings annexed to Volume 2 of the bid documents, the same shall be the chargeable area for the calculation of lease rentals. In the case of any modifications in the design the City Engineer & Architect shall approve the chargeable area. The lease rental payable by the occupants of Part A of the shopping center shall be calculated as given below: Lease rental payable = Lease rent (in Rs/sq.mlr) x Chargeable area (in sq.mtr)

4.4.2 Execution of the project

4.4.2.1. The Concessionaire shall within 25 days from the date of execution of the concession agreement submit the following to the City Engineer & Architect in writing and obtain prior approval thereto of the City Engineer & Architect before starting the work.

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• Structural and Engineering designs of the shopping center in accordance with the National Builting Code of India and prevalent IS Codes and specifications for seismic activity in the project area.

• The order in which the concessionaire proposes to carry out the Construction of the shopping center, including each stage of design, procurement and construction. The bidder has to develop the work program using bar charts or if required precedence networking techniques.

4.4.2.2 The City Engineer & Architect shall review the structural designs and the aforesaid details submitted by the Concessionaire through the architects and communicate within 15 days its approval from the date of receipt of the same.

4.4.2.3 In event the City Engineer & Architect has any objection/ observations to the details submitted by the concessionaire it shall be promptly and without any undue delay notify the concessionaire of its objections, seek clarifications or suggest changes or modifications or corrections thereto. Thereupon, the concessionaire shall provide necessary clarifications to the City Engineer & Architect and/ or resubmit the details as the case may be, after incorporating the changes, modifications or corrections suggested by the City Engineer & Architect.

4.4.2.4 The Concessionaire shall not be entitled to any extension of time for completing construction or any other relief on account of delay caused due to providing any clarifications or in resubmitting information requested by the Engineer. Provided however the City Engineer & Architect may suitably extend the construction period to compensate for any such delay not attributable to the Concessionaire.

4.4.2.5 The Concessionaire shall not change any Designs, Drawings and details approved by the City Engineer & Architect under this agreement without prior written consent of the City Engineer & Architect.

4.4.2.6 The Concessionaire and the Engineer shall undertake joint measurement of the quantities of the work completed and / or physical completion, which will form a part of the monthly progress report. The Concessionaire shall submit monthly progress report on the execution of work to the City Engineer & Architect. The Concessionaire shall also update the construction program (Bar, CPM, PERT charts.) from time to time on taking a review of actual achievements and submit three copies to the AMC for its approval.

4.4.2.7 The concessionaire shall construct the project facility and complete construction in accordance with the project schedule (time frame) specified in 4.4.1.4 hereof.

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4.4.2.7.1 Subject to any of the provisions of this contract providing for extension of time for completion of the project, the Concessionaire shall pay to the AMC liquidated damages at the rate as may be decided by the City Engineer & Architect, which shall not exceed half a percent of the project cost per week of delay in completion of the project. Such liquidated damage shall be up to a maximum of 5% of the project cost, and the same shall be adjusted against the Performance Security Deposit. In case the performance security deposit is inadequate to cover for the same, the Concessionaire is liable to pay the same within 15 days of time.

4.4.2.7.2 All compensation or other sums of money to be recovered under this contract may be deducted from or paid by way of encashing sufficient part of the Concessionaire’s performance security deposit or from the interest arising there from, or from any sums, which may be due or may become due by the AMC to the Concessionaire under any contract or transaction.

4.4.2.7.3 The Concessionaire shall within ten days thereafter, make good in cash or Bank Guarantees for the sum or sums deducted hereof so as to maintain the performance security deposit amount as envisaged in clause 3.7 hereof.

4.4.2.7.4 In case the Concessionaire makes up the progress in the end, the liquidated damages levied may be waived. In case the delay exceeds 10 weeks, the Commissioner, AMC shall be entitled to terminate this Agreement.

4.4.2.8 If the progress of any particular portion of the work is unsatisfactory, the City Engineer & Architect or his authorized representatives shall notwithstanding that the general progress of the work is in accordance with the conditions mentioned above be entitled to take action under 4.4.2.7 above.

4.4.2.9 However, in case any delay occurs because of circumstances beyond the control of the Concessionaire, suitable extension to the completion period of the project without imposing liquidated damages, shall be granted for completing the project and the Concession Period shall be suitably extended. The decision of the City Engineer & Architect in this regard shall be final.

4.4.3 Private Financing Project is under private financing on FBT basis. The Concessionaire shall have to make his own arrangements for financing the project. The project cost shall be recovered by the Concessionaire through up-front payments made by the occupants of the Part A of the shopping center.

4.4.4 Technical Control Of The Work

4.4.4.1 The City Engineer & Architect shall be the technical officer, under whose direction and control the Concessionaire shall carry out all the works under the project. The City Engineer & Architect shall be the final authority on all technical matters. The Concessionaire shall comply with all the instructions of the Engineer

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for proper control on the quality and progress of the project. The construction of the shopping center along with other allied works, etc., covered in the project, shall be approved by the City Engineer & Architect. The Concessionaire shall strictly adhere to the approved design & drawings, specifications and other related technical aspects of the project.

4.4.4.2 The Resident Engineer of the Concessionaire shall represent the Concessionaire on all technical matters with respect to the project and the instructions given to the resident engineer by the Engineer! Architect with respect to technical aspects of the project shall be deemed to have been issued to the Concessionaire.

4.4.4.3 The Concessionaire may apply for a provisional completion certificate for Shopping center after construction work on Shopping center is complete according to the Concessionaire. If the work is substantially complete the City Engineer & Architect shall issue such certificate within l5days. The construction at the Shopping center shall be treated as completed, only after a final completion certificate and Occupation Certificate is issued by the City Engineer & Architect on satisfactory completion of work with respect to the Shopping center.

4.4.4.4 The Concessionaire shall not be entitled to collect up-front payments from the prospective occupants of the shopping center till the Engineer & Architect as a part of the Monthly Progress report certifies that the progress of work of the Shopping center are progressing as per schedule.

4.4.4.5 The City Engineer & Architect shall have the right to appoint from time to time for fill or part work or specified work, any engineer, either from the Department or an Outside individual or a firm appointed for the purpose, as his authorized representative.

4.4.4.6 Work on any component of the project, shall not be started without obtaining prior permission in writing of the Engineer Architect. All formwork centering, shuttering, etc, shall be approved the Engineer/ Architect.

4.4.5 Order OF Precedence

• For this document in case of errors, omissions and/or disagreement between written and scaled dimensions on the drawings or between the drawings and specifications, etc, the following shall apply: a) Between scaled and written dimensions or descriptions on a drawing the latter shall be accepted.

b) Between the written or shown description or dimensions in the drawing and the corresponding one in the specifications, the latter shall apply.

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c) For execution stage the following order of precedence shall generally apply:

• Execution drawing/notes/instructions specifically approved for construction.

• Specific provision in specifications and conditions in the contract documents. In the absence of above, Standard Specifications for Builtings as prescribed by the Public Works Department.

However, notwithstanding anything contained above, the interpretation /decision of the City Engineer & Architect, in the above matters, shall be final and binding.

4.4.6 Duties and responsibilities of Resident Engineer The Concessionaire at his cost shall appoint a Resident Engineer on the works who shall take instructions as may be given by the Engineer and shall be responsible for carrying them out.

4.4.7 Inspection Of Works All works under or in course of execution or executed in pursuance of the contract, shall at all times be open to the inspection and supervision of the Engineer. It will be the responsibility of the Concessionaire to ensure that either the Concessionaire or the Resident Engineer shall remain present to receive direction /instructions of the Engineer.

The Concessionaire shall prepare a quality assurance manual on all construction .aspects followed by him during the course of construction of the project. The concessionaire shall keep the said manual at the project site for inspection by the Engineer. The format, structure and contents of the quality assurance manual will be communicated to the concessionaire by the Engineer prior to the commencement of the construction at the site. For information the Quality Assurance manual shall inter-cilia contain:

• Construction methodology for each stage of work along with detail engineering & structural drawings, etc.

• Construction Material used, supported with procurement & manufacturers details, test certificates etc. Details regarding in house tests conducted by the concessionaire on the material used and structures constructed

4.4.8 Quality Control The concessionaire shall ensure that all materials and workmanship for the project shall be in line with Good Industry Practice and shall be of good quality confirming generally to accepted standards of Public Works Department of Government of Maharashtra and Indian Standard Specifications and Codes as included Part — V Builting Materials and Part — VII - Construction Practices,

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Safety of National Builting Code of India and DC Rules of AMC. The City Engineer & Architect! Architect reserves the right to reject any and all materials’ that does not confirm with the quality standards laid down above and the concessionaire shall be liable to replace the same. AMC shall under no circumstances be responsible for any losses suffered by the Concessionaire pursuant to rejection of materials at site.

4.4.9 Work Instruction Book

A work instruction book shall be maintained on the site in which the Engineer/ Architect can record instructions and orders. The Concessionaire shall promptly acknowledge such instructions and orders. It shall, however, be clearly understood that the Concessionaire shall be primarily responsible for executing the work as stipulated in the scope of work to the specified standards and quality and shall be liable for implementing the necessary corrective measures as may be ordered by the Engineer! Architect from time to time and that the City Engineer & Architect shall not issue the provisional project completion certificate! completion certificate unless the rectification are carried out entirely to his satisfaction.

4.4.10 Insurance

The Concessionaire shall, at his cost and expense, purchase and maintain during the concession period such insurance as are necessary, including but not limited to the following,

• Builders contractors all risk insurance

• Comprehensive third party liability insurance including injury or death to personnel of the AMC and others who may enter the project site area.

• Any other insurance that may be necessary to protect the concessionaire and its employees, including all Force Majeure Events that are insurable and not otherwise covered in items above. The Concessionaire shall, provide to the AMC copies of all insurance policies (or appropriate endorsements, certification or other satisfactory evidence of insurance) obtained by the concessionaire in accordance with this contract. All monies received under insurance policies shall be promptly applied by the concessionaire towards repair or renovation or restoration or substitution of the project facilities or any part thereof which may have been damaged or destroyed. The concessionaire shall pay the premium payable on such insurance policy (ies) so as to keep the policy (ies) in force and valid throughout the concession period and furnish copies of the same to the AMC

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4.4.11 Engagement of Sub-Contractors! Contractors

The Concessionaire may engage any Sub contractor or Contractor for executing the construction works on any part of the project provided the Concessionaire shall at all times be solely responsible for non-performance or for any defect, deficiency or delay in construction of the project in accordance with the provisions of this contract. The City Engineer & Architect reserves the right to recommend a change in the Sub — Contractors! Contractors if they have been observed to be lacking in ability to carry out project works of this nature. The Concessionaire is liable to change the Sub — Contractor Contractors with an agency of requisite qualification and experience. AMC shall not be responsible for any losses whatsoever suffered by the Concessionaire pursuant to change in the Sub — Contractor Contractors at site.

4.4.12 Force Majeure

4.4.12.1 Force Majeure Event shall mean any event any event or circumstance or combination of events and circumstances set out hereunder or the consequence(s)

There of, which materially and adversely affect the Party claiming force majeure (“Affected Party”) from performing its obligations in whole or in part under this contract. Acts of God, storm, cyclone, hurricane, flood, landslide, volcanic eruption, or fire (to the extent originating from a source external to the Project) affecting the construction of the Project.

• Radio active contamination, ionizing radiation.

• Epidemic, famine

• Strikes, boycotts or other forms of labour unrest interrupting supplies and services (excluding strikes or boycotts by employees, agents or representatives of an Affected Party, or its contractor or attributable to any act or ommission of any of them)

• Any failure or delay in performance by the Contractor, but only to the extent caused by another Force Majeure Event.

• Late delivery of machinery, equipment, material, spare parts or consumables for the project but only to the extent caused by another Force Majeure Event. An act of war (whether declared or undeclared), invasion, armed conflict, or act of foreign enemy, blocade embargo, revolution, riot, rebellion, insurrection, terrorist or military action, nuclear blast explosion, politically motivated sabotage or civil commotion.

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4.4.12.2 Notice of Force Majeure Event The Affected Party shall give notice to the other Party in writing of the occurance of any of the Force Majeure Event (“the Notice”) as soon as the same arises or as soon as reasonably practicable and in any event within 7 (seven) days of its occurance and the adverse effect it has or is likely to have on the performance of its obligations under this contract. The Notice shall inter-alia include full particulars of:

• The nature, time of occurance and extent of the Force Majeure Event with evidence in respect thereof

• the duration or estimated duration and the effect or probable effect which such Force majeure Event has or will have on the Affected Party’s ability to perform its obligations or any of them under this contract; the measures which the Affected Party has taken or proposes to take, to alleviate the impact of the Force Majeure Event or to mitigate the damage; and

• any other relevant information. So long as the Affected Party continues to claim to be affected by a Force Majeure Event, it shall provide the other Party with written reports containing the information called for and any such information as the other party may reasonably request.

4.4.12.3 Period of Force Majeure shall mean the period from the time of occurance specified in the notice given by the Affected Party in respect of the Force Majeure Event until the eariler of:

• expiry of the period during which the Affected Party is excused from performance of its obligations in accordance with 4.4.12.4; or

• termination of the contract pursuant to 4.4.12.7 hereof

4.4.12.4 Performance Excused: The Affected party, to the extent rendered unable to perform its obligations under this contract as a consequence of the Force Majeure Event shall be excused from performance of its obligations provided that the excuse from performance shall be of no greater scope and of no longer duration than is reasonably warranted by the Force Majeure Event. Provided further, nothing contained herein shall absolve the Affected Party from any payment obligations accrued prior to the occurrence of the underlying Force Majeure Event.

4.4.12.5 Resumption of Performance: During the Period of Force Majeure, the Affected Party shall in consultation with the other Party, make all reasonable efforts to limit or mitigate the effects of the Force Majeure Event on the performance of its obligations under this contract. The Affected party shall also make efforts to resume performance of its obligations under this contract as soon as possible and upon resumption shall notify the other Party of the same in

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writing. The other party shall afford all reasonable assistance to the Affected Party in this regard.

4.4.12.6 Costs, Revised Time Table: Each party shall bear its costs, if any, incurred as a consequence of the Force Majeure Event. The Affected party shall be granted by the other Party, extension of time specified in this contract for the performance of any obligation by such period not exceeding the period during which the relative performance was affected by the Force Majeure Event. Such extension may include extension of the concession period by AMC in appropriate cases.

4.4.12.7 Termination Due to Force Majeure Event: If the period of Force majeure continues or is in the reasonable judgment of the Parties is likely to continue beyond a period of 180 days, the Parties may mutually decide to terminate this contract or continue this contract on mutually agreed revised terms.

4.4.13 Events of Default

Events of Default mean the Concessionaire Event of Default.

4.4.13.1 The Concessionaire Event of Default The Concessionaire Event of Default means any of the following events unless such an event has occurred as a consequence of a Force Majeure Event:

• The concessionaire’s failure to perform or discharge any of its obligations in accordance with the provisions of this contract. any representations made or warranties given by the concessionaire under this contract is found to be false or misleading.

• concessionaire shall offer or give or agree to give to any person in AMC or to any other persons on his behalf a gift or consideration of any kind as an inducement or reward for doing or for bearing to do or for having done or forborne to do any act in relation to the obtaining or execution of the project or any other contract from AMC

• concessionaire has obtained the project contract from the AMC as a result of ring bidding or other non-bonafide methods of competitive bidding

• the concessionaire being an individual or a firm, any partner thereof shall at any time be adjudged insolvent or have a receiving order for administration of his estate made against him or shall take any proceedings for liquidation or composition (Other than voluntary liquidation for the purpose of amalgamation or reconstruction) under any insolvency Act for the time being in force or make any conveyance of assignment of his effects or composition or arrangement for the benefit of his creditors or purport so to do or if any application be made under any /Insolvency Act

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for the time being in force for the sequestration of his estate or if a trust deed be executed by him for his creditors. Or The concessionaire being a company ,shall pass a resolution or the Court shall make an order for the liquidation of his affairs or a receiver or a manager on behalf of the debenture holders shall be appointed or circumstances shall arise which entitle the court or debenture holders to appoint a receiver or a Manager,levy of an execution on his goods and allow it to be continued for a period of 90 days, assigns, transfers, sublets (engagement of labour on a piecework basis or labour with materials not to be incorporated in the work shall not be deemed to be subletting) or attempts to assign transfer or sub-let the entire works or any portion thereof without the prior written approval of the Engineer.

• the concessionaire engaging or knowingly allowing any of its employees, agents, Contractor or representative to engage in any activity prohibited by law or which constitutes a breach of or an offence under any law, in the course of any activity undertaken pursuant to this contract.

4.4.13.2 AMC’s Rights

Upon the occurrence of the Concessionaire Event of Default, the AMC shall without prejudice to any other rights and remedies available to it under this contract be entitled to terminate this contract. Provided that before proceeding to terminate this contract, the AMC shall give due consideration and shall have due regard to the nature of the underlying Event of Default, its implication on the performance of the respective obligations of Parties under this contract and the circumstances in which the same has occurred.

4.4.13.3 Consultation Notice: AMC exercising its right under 4.4.13.2 shall issue to the Concessionaire a notice in writing specifying in reasonable detail the underlying Event of Default (s) and proposing consultation amongst the Parties to consider possible measures of curing or otherwise dealing with the underlying Event of Default.

4.4.13.4 Remedial Process: Following the issue of Consultation Notice by either Party, within a period not exceeding 15 days or such extended period as they may agree (Remedial Period) the Parties shall, endeavor to arrive at an agreement as to the manner of rectifying or remedying the underlying Event of Default. if during the Remedial period the underlying event of default is cured or waived and the Concessionaire agree upon the measures set out by the Commissioner of the AMC, the Consultation Notice shall be withdrawn the AMC who has issued the same.

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4.4.13.5 Termination due to Events of Default:

If before the expiry of the Remedial Period, the underlying Event of Default is neither cured nor waived nor the Concessionaire has agreed upon the measures set out by the Commissioner of the AMC, the AMC shall have the right to terminate this contract, in which event the provisions of 4.4.14 shall, to the extent expressly made applicable, apply.

4.4.14 Termination of the Contract

4.4.14.1 Termination of the contract due to Concessionaire Event of Default

The AJ\’IC entitled to terminate this contract either on account of an Event of Default shall do so by issue of a notice in writing (‘Termination Notice”) to the Concessionaire. The City Engineer & Architect on such notice shall have powers to a) Take possession of site and any materials, construction equipment, plants equipment, stores etc, b) Undertake an assessment of the works and other aspects of the project to ascertain the amount of work completed by the concessionaire and assess the Compensation payable by the Concessionaire to AMC. A Panel of comprising of the Deputy Commissioner, City Engineer & Architect and Chief Auditor and any other person appointed by appointed by the Commissioner AMC would undertake the assessment of the said compensation.

c) Carry out the remaining incomplete work at the discretion of AMC and at the risk and cost of the Concessionaire. On Termination of the contract due to Concessionaire Event of default, the concessionaire will be deemed to have relinquished all his rights under the Tripartite agreement entered into with the occupants and AMC in favour of AMC from the date of cancellation of the contract. The concessionaire without demur shall transfer the balance in the nominated account to AMC.The concessionaire shall forfeit his performance security deposit to AMC without prejudice to AMC’s right to recover from the concessionaire any amount that may be due to it. The concessionaire shall have no claim to compensation to any loss sustained to him by reason of his having purchased or procured any material or entered into any commitments or made any advance on account of or with a view to the execution of the project of the performance of the contract and the concessionaire shall not be entitled to recover or be paid any sum for any work actually performed under the contract. The Commissioner AMC shall determine the extent of amount, if any, is payable to the Concessionaire for the value of the work executed by him up to the time of cancellation. This valuation shall he based on the DSP. of the year 2002- 03. Any or all liability arising out of the termination of the contract would be to the account of the Concessionaire and therefore the concessionaire would be liable to discharge the same to the creditor(s).

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In the event of Concessionaire failing to discharge his liability the Commissioner, AMC has the right to initiate appropriate legal proceedings to recover such dues.

4.4.14.2 Termination of the contract for reasons other than due to Concessionaire Event of Default

The Concessionaire will be compensated as per the following clauses in event of termination of the contract and take over of the facility by AMC during the concession period, for reasons other than default of the concessionaire / violation of the law conditions of the tender by the concessionaire.

The City Engineer & Architect shall certify the percentage of work completed Compensation. = (The above percentage x cost of project) — Up-front payments This compensation may be given by AMC in lumpsum or in five equal installments. The up front payments received will be calculated based on the tripartite agreements entered in to with occupants of the shopping center and the bank account statement of the nominated account created for that purpose. The concessionaire will transfer the balance of the nominated account to AMC.

4.4.15 Settlement Of Disputes:

If any dispute or difference or claims of any kind arises between Concessionaire and AMC in connection with, construction, interpretation or application of any terms and conditions or any matters or thing in any way connected with or in connection with or arising out of this contract, or the rights, duties or liabilities of any party under this contract, whether before or after the termination of this agreement, then the parties shall meet together promptly, at the request of other party, in an effort to resolve such dispute, difference or claim by discussion between them. The parties may, in appropriate cases may refer the matter to an expert appointed by them with mutual consent. The parties agree to abide by the decision! opinion of the Expert. The cost of obtaining the service of the Expert shall be borne by the Concessionaire. Arbitration: Failing amicable settlement with the assistance of Expert, the dispute or differences or claims as the case may be shall be finally settled by binding arbitration under the Arbitration and Conciliation Act 1996 and its subsequent modifications thereof. The Arbitration will take place before a panel of three arbitrators, or such lesser number as may be mutually agreed by the parties. The place of Arbitration shall be Ahmednagar Maharashtra. English shall be the language of Arbitration. The parties shall agree upon the identity of the Arbitrator(s) within fifteen days of the receipt of the Notice for Arbitration by the relevant party. If the parties are unable to so agree upon the identity of the Arbitrator(s) then: i.)The parties shall use their best endeavor to agree on to an appointing authority within fifteen days of the receipt of the Notice of Reference by the relevant party and ii.) In the event that the parties are unable to agree as aforesaid upon an

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appointing authority, the Arbitrator(s) shall be appointed by the Commissioner, AMC whose decision as to the identity of the Arbitrator(s) shall be final. The arbitration expenses shall be borne by the concerned parties. It is hereby clarified that the jurisdiction for all kinds of dispute, dispute resolution and arbitration, will be Ahmednagar, Maharashtra State.

4.4.16 Transfer on expiry of the concession period (or due to Termination of Contract)

The transactions to be consummated and the formalities to be completed on the transfer date by the parties are as set out below:

Concessionaire

The concessionaire shall,

a. hand over peaceful possession of the project to AMC free of cost, b. transfer all its rights titles and interests in the assets comprised in the Project Facilities which are required to be transferred to AMC in accordance with this agreement and execute such deeds and documents as may be necessary for the purpose and complete all legal or other facilities required in this regard, c. the concessionaire shall be deemed to have occupied all the vacant shops offices showrooms in the Part A of the shopping center and will execute a lease agreement in line with the Lease agreement as enclosed vide Form 3 of the bid documents with A1\4C as the lessor The lease rentals payable by the concessionaire to AMC will be the minimum prescribed lease rentals specified in clause 4.6.19 modified to the efflux of time in line with clause 4.6.19 hereof, (this sub clause is applicable only in event of transfer on expiry of the concession period) d. hand over to AMC all documents including as built drawings, manuals and records relating to the project facilities,

e. transfer technology and up to date know how relating to operation and maintenance of the project facilities

f. at its cost remove from the project facilities all the such moveable assets which are not taken over by or to be transferred to AMC,

g. make necessary payments, if any, in line with the relevant clauses of the contract.

AMC

AMC shall take over the project and thereafter-collect lease rentals from the occupants of the shopping center. Enter into lease agreement with the Concessionaire as the lessee for any offices remaining vacant at the time of

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transfer. (this sub clause is applicable only in event of transfer on expriy of the concession period)

AMC shall make necessary payments, if any, in line with the relevant clauses hereof.

Risk

Until transfer in accordance with this clause, AMC’s assets and the Project Facilities shall remain the sole risk of the Concessionaire except for any loss or damaged caused to or suffered by the concessionaire due to any act or omission on part of AMC under this agreement.

4.5. Additional Conditions

4.5.1 Patent/Copy Right

If the Concessionaire desires to use any designed device materials or any process covered by letters of “PATENT” or “COPY RIGHT”, the right for such use shall be secured by the Concessionaire by suitable legal arrangements and agreement with the patent owner and a copy of their agreement shall be filed with the City Engineer & Architect.

4.5.2 Material For Works

All major materials to be used on the work shall be approved in advance from the Engineer. The Concessionaire shall at his risk and cost, make all arrangements and provide all such facilities for testing of materia1s as may be ordered by the Engineer.

4.5.3 Concessionaire’s And Staff And WorkersThe Concessionaire at his own expense shall make his own arrangements for housing of his staff with all necessary amenities and protective measures. He shall take all necessary steps for preserving their health while working on any job in the project.

4.5.4 Explosives

The Concessionaire shall at his expense, construct and maintain proper magazines for the storage of explosives if required for use in connection with the works. Such magazines shall be located constructed and maintained in accordance with the prevailing rules of the Public Works Department, Government of Maharashtra and Commissioner of Explosives.

4.5.5 Indemnification

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The Concessionaire shall indemnify the AMC against all actions, suits, claims and demands including infringement of patent rights, brought or made against it, in respect of anything done or omitted to be done by the Concessionaire in connection with the execution of the project and against any loss or damage to the AMC in consequence of any action or suit being brought against the Concessionaire for any thing done or omitted to be done by the Concessionaire in the execution of the work.

4.5.6 Precautions For WorksThe Concessionaire shall take all precautions against damages to work from floods or accidents or by any other cause. The Concessionaires shall comply with all the prevalent rules and regulations, bye-laws and directives given from time to time by any local or public authority in connection with this work and shall pay all fees, which are leviable on him.

4.5.7 Setting Out Of Works.

On receipt of the work order, the Concessionaire shall, at his own expense clear the site and take approval to a provisional and final setting and lining out of work from the Engineer. Irrespective of such approvals, the Concessionaire himself shall be fully responsible for correctness of the layout.

4.5.8 Safety Provisions:

The Concessionaire shall make all arrangements at his own expense for the safety of his machinery and staff working on the project as directed by the Engineer. In case the Concessionaire fails to make such arrangements the Engineer shall be entitled to cause them to be provided and to recover the cost thereof from the Concessionaire.

4.5.9 Inspection Procedure

The Concessionaire shall have to prepare a proper quality assurance manual and quality procedure for the work to be carried out as a part of the project, have it approved from the Engineer and ensure that the procedures are followed during execution of the work.

The Concessionaire shall inform the Engineer in writing when any item of the work is for inspection, giving him sufficient notice to enable him to inspect the same. Concessionaire shall provide at his cost, all necessary arrangements and facilities and assistance for proper inspection of all parts of the work by the Engineer. The concessionaire shall put up a material testing laboratory at the project site. The nature of testing facilities/equipments will be communicated to the concessionaire prior to the commencement of the work at site. In the event of testing for certain critical items contained in the project works requiring tests to be conducted by external agencies, the Concessionaire shall at

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his costs; expenses and charges shall get the same done at laboratories institutes nominated by the Engineer.

4.5.10 Treasures / Fossils

In the event of discovery by the Concessionaire or his employees during the progress of work of any treasure, fossils, minerals or any other articles of value or interest, the Concessionaire shall give immediate intimation of such treasure or things to the AMC, and the same shall be in the custody of AMC which will then take action as per the rules laid out by the Government in this regard.

4.5.11 Site Clearance

The Concessionaire after completion of the work shall clear the site of all debris and remove all unused materials, plants, machinery, equipment, tools, etc. The Concessionaire shall also have to clear the site of all temporary works structures, site, office, labour camps, utility lines, etc., constructed erected for the execution of the project and obtain a completion certificate from the Engineer. The work shall be treated as complete only after a relevant completion certificate is issued by the City Engineer & Architect.

4.5.12 Labour

The Concessionaire shall comply with all the statutory provisions in respect of all the employees employed by him on the project such as the > Minimum Wages Act,1948. > Payment of Wages Act 1936, > Apprentices Act 1961, > Contract Labour (Regulation and Abolition) Act, 970, > E.P.F Act,1952, > Mines Act, > Workmen’s Compensation Act, > Migrant Labour Act etc.

4.5.13 Language

All notices, certificates, correspondence or other communications under or in connection with this Contract Document, the project and all works shall be in English.

4.5.14 Notices

Any notice to be given hereunder shall be in writing and shall either be delivered personally or sent by registered post A.D., telex, facsimile transmission or other means of telecommunication in permanent written form. For service the

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addresses and numbers of the Department and of the Concessionaire shall be those as stated therein or such other address or number for service as the party to be served may have previously notified in writing to the other party. A notice shall be deemed to have been served as follows:

> if personally delivered, with noting of time of delivery; or > if sent by registered post A.D telex, facsimile transmission or > other means of telecommunication, which notes the time of delivery or transmission thereof

4.5.15 Laws

The Concessionaire shall at all times during the continuance of the contract, comply fully with all existing Acts., regulations and bye-laws, including all statutory amendments and re-enactment of the Government of India, Government of Maharashtra, AMC and other local authorities and any other enactment, notifications and acts, that may be passed in future, either by the Government of India, Government of Maharashtra, AMC, or local authorities, including Indian Workmen’s Compensation Act, Contract Labour (Regulation and Abolition)Act 1970 and Equal Remuneration Act 1976 , Industrial Disputes Act, Maharashtra Contract Labour Regulation and Abolition Rules 1971, Dock Workers Scheme 1961 , Factories Act, Minimum Wages Act, Provident Fund Regulations Employees’ Provident Fund Act and Scheme made under same act health and sanitary arrangements for workmen, insurance and other benefits and shall keep the AMC indemnified in case any action is commenced for contravention by the Concessionaire. If the AMC is caused to pay or reimburse such amounts as may be necessary to cause or observe or for non-observance of the provisions stipulated here forth on the part of the Concessionaire, the AMC shall have the right to deduct from any moneys due to the Concessionaire or from his amount of performance Security deposit or recover from the Concessionaire personally any sums required or estimated to be required for making good the loss of damages suffered by the AMC. If the amount of Performance Security is not sufficient to make up loss or damage caused to the AMC and the Concessionaire does not pay the requisite amount within 30 days, the AMC shall have a right to file a suit against him in the appropriate Court of law or confiscate his properties in order to make-up the loss or recover the amount as Arrears of Land Revenue.

4.5.16 Special Purpose Vehicle (SPV)

The Concessionaire may choose to float a Special Purpose Vehicle (referred to as SPV) for the said Project and in such case if the SPV fails to execute any responsibility pertaining to the project, the Concessionaire is responsible for the fulfillment of the same.

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The Concessionaire’s stake in the SPV should not be less than 51% throughout the tenure of the project. The AMC has rights to reject any changes in the share holding pattern.

4.5.17 Escalation No compensation, in any form, shall be granted on account of cost escalation in any item.

4.6. Stipulations

4.6.1 The Concessionaire should carry out his market feasibility studies and assessment independently to arrive at the likely size of the market, field surveys and investigations including soil investigation and collect necessary data and prepare his own cost and time estimates for formulating the proposal.

4.6.2 The AMC shall not accept any responsibility on account of loss suffered by the Concessionaire either due to the use of any information and! or data provided by AMC to concessionaire in good faith on account or any change in the market scenario as a result of developments in the city.

4.6.3 Foreign Exchange will not be furnished by the AMC for the proposed project. The Concessionaire shall have to make his own arrangements in this regard. In case any Foreign Exchange is required for importing specialized equipment for construction or maintenance a letter of recommendation for the release of Foreign Exchange may be given by the AMC (without any guarantee for sanction by the Government of India).

4.6.4 The Concessionaire shall have to make arrangements for financing the project from his own resources or from open market borrowings such as from the Banks or any other Financial Institution. The security of his right to collect upfront deposits from occupants of the Part A of the shopping center may be used for the purpose.

4.6.5 No new legislation will be enacted or existing laws amended or existing rules relaxed by the AMC for the benefit of the Concessionaire for executing the project.

4.6.6 The Concessionaire shall not be entitled to any special tax concessions or any other concessions as a result of undertaking the proposed project, other than those declared by the Government of Maharashtra, Government of India or any other statutory body before the last date of receipt of the bids.

4.6.7 The AMC may permit construction to the properties adjoining the project site and within the project site not forming part of scope of this project, for which the Concessionaire shall not take any objection.

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4.6.8 No acquisition of land shall be possible for accommodating temporary structures, construction yard, labour hutments etc., and the Concessionaire shall have to make his own arrangements for the same. The AMC shall render assistance for temporary acquisition of the land if the Concessionaire makes such a request in writing, but the AMC shall not give any guarantee or be responsible for the same.

4.6.9 No quarries shall be acquired or made available by the AMC for the proposed project. The Concessionaire shall make his own arrangements in this regard, including fulfilling the environmental and other requirements of the concerned authorities, without any cost to the AMC 4.6.10 The Concessionaire shall have to make his own arrangements for procuring cement, steel and bitumen or any other material required for the work from the open market. The AMC, however, shall render necessary assistance not involving financial burden to the AMC for procurement of cement, steel, bitumen or any other controlled material.

4.6.11 The AMC shall provide the Architectural designs and drawings of the project. The Concessionaire shall be responsible for procuring the Structural Designs and Engineering Drawings of the same from the RCC Consultant nominated by AMC and the City Engineer & Architect, subject to its compliance with the DC Rules, shall approve these designs, drawings and specifications. The concessionaire shall strictly abide with the approved designs and not make any modifications without clearance or instructions of the City Engineer & Architect. Notwithstanding the designs, specifications and other details given and approved by AMC, the concessionaire shall be solely responsible for any defect and! or deficiency in design, workmanship relating to the project or any part thereof and accordingly the concessionaire shall at all times remain responsible for its obligations under this contract. In the event where the entire and/or partial work has to be redone due to sub-standard work then the entire liability of such cost, expense and changes will be borne by the concessionaire.

4.6.12 The Concessionaire shall at his own cost carry out all the required site investigation and material testing as directed by Engineer from time to time

4.6.13 The Concessionaire at his cost is free to appoint experts with requisite experience for designing and supervising the entire project during construction. The concessionaire shall also produce adequate evidence to the satisfaction of the City Engineer & Architect to show that he possesses adequate in house expertise and procedure of the construction. The Engineer if the need be reserves the right to appoint proof and/or supervision consultant. The Concessionaire shall make all necessary payments to such experts appointed by AMC.

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4.6.14 The Concessionaire shall indemnify and keep indemnified the AMC during the entire concession period against all claims of liabilities by any party resulting from damages, accident or any other reason whatsoever to persons machinery directly or indirectly connected with the project.

4.6.15 AMC reserves the right to carry out or permit to carry out the work of any other facilities near any or all sections of the project at any time during the period of construction of the facility by the Concessionaire. The Concessionaire shall give access to such facility! works without any claim for damages, compensation, time delay, etc. The Concessionaire shall be consulted by the Department before issue of such permission.

4.6.16 Suspension Of Work The Concessionaire shall on receipt of written order of the City Engineer & Architect, suspend the progress of the work at any part thereof for such time and in such manner as the City Engineer & Architect may consider necessary, for proper execution of the works or part thereof for reasons other than the default of the Concessionaire or, For safety of the works or part thereof or for any other reasons. The Concessionaire shall during such suspension properly protect and secure the works to the extent necessary and carry out the instruction given in that behalf by the City Engineer & Architect. If the suspension is ordered for reasons other than default of concessionaire, the Concessionaire shall be entitled to an extension of time for completion of the project equal to the period of every such suspension plus a reasonable time, as may be decided by the City Engineer & Architect.

4.6.17 Taking Over Of Facility During Concession Period

The A.MC reserves absolute right to take-over the project facility at any time before completion of the project during the concession period and in that event the Concessionaire shall be eligible for compensation for as per clause 4.4.14.2 hereinabove. This payment shall be made in suitable installments as may be decided by the City Engineer & Architect.

4.6.18 Allocation Conditions In The Shopping center:

The concessionaire is responsible for marketing the showrooms! shops! offices in the Part A of the shopping center. The showrooms! shops! offices will be offered on lease to prospective occupants in line with the conditions specified in the bid document. All the conditions of this document shall prevail in all cases. The concessionaire is deemed to have occupied all the offices that remain vacant (i.e tripartite lease agreements not entered with prospective users for respective shops! offices) in part A of the Shopping center at the end of the concession period. The concessionaire will enter into a lease agreement with AMC for such showrooms shops offices in line with the terms and conditions of the Lease Agreement specified in Form 3 enclosed with this document.

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> The concessionaire will enter into tripartite lease agreement! agreements with AMC and occupants of Part A of the shopping center valid for a period of 99 years with the stipulation that, lease rentals will be paid directly to AMC by the occupants of the shopping center.

> The lease agreement agreements entered into by the successful bidder with the occupants of the shopping center will be for and on behalf of AMC, with the ultimate ownership of shopping center resting with AMC. The concessionaire will be allowed to collect non refundable up-front payments, as a means of mobilizing funds for the project, from the prospective occupants of Part A of the shopping center. In case the concessionaire wishes to exercise this right, the same shall be intimated to the Commissioner, AMC on receipt of LOT but before the signing of the concession .agreement. The concessionaire shall open an account in a scheduled bank for this purpose. The concessionaire shall be allowed to withdraw a maximum of 80% of the value of the completed construction. The minimum prescribed lease rental for Part A of the Shopping center at the time of completion of project grant of occupancy certificate shall be: > Shops offices showrooms — Rs. 10.76 /square m area/month. > Open spaces and Terraces — Rs. 30.00 /square m area/ month. > Any other leased area Shall be decided by Commissioner, AMC at the time of its sanctionThe lease rentals shall be escalated @ 10% per annum once every five years.

4.6.19 Conditions for Marketing of shops/offices of Shopping center

All agreements entered into with occupants of the shopping center shall be in the form of the Tripartite Agreement enclosed vide Form 3 of the Bid Documents. Any other agreement with respect to occupancy of the Part A of the Shopping center is null and void. it is hereby clarified that, Concessionaire entering into any form of agreement, allotment, understanding with the occupants! prospective occupants of Part A of the shopping center not in line with the terms & conditions of the contract would be considered as a breach of trust by the Concessionaire. All marketing offices of the concessionaire and the project site shall prominently display the following notice in three languages viz. English, Hindi and Marathi.

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Notice

Name of the Project: Development of a 2124 sq m Shopping Center cum Vegetable Market on CTS no. 208, Nehru Market, Chitale Road, Ahmednagar on Finance Built Transfer (FBT) Basis

THIS NOTICE IS TO THE ATTENTION OF ALL PROSPECTIVE OCCUPANTS OF THE SHOPPING CENTER FORMING A PART OF THE AFORESAID PROJECT.

MIs _____________ has been granted the following rights as part of the terms & conditions of the concession agreement no. _________ dated ______ by the Ahmednagar Municipal Corporation (AMC) for the aforesaid project. > To develop the shopping center as part of the project. > To market the area in the Part A of the Shopping center to prospective occupants. > To grant occupancy/lease rights in the shopping center and charge! collect non — refundable up-font payment consideration from the occupants of the same. All acquisition of lease rights in the Part A of the Shopping center is subject to the following parties executing the approved Lease Agreement enclosed vide Form 3 of the Contract Documents in the aforesaid Concession Agreement > Authorized signatory of AMC of the First Part, > Authorized signatory of MIs of the Second Part and > The Occupant of the Third Part.

The prospective occupants are requested to study! inspect the approved copy of the said Lease agreement along with all other related documents, which are available in the Office of MIs________ and the City Engineer & Architect’s office (Projects Department) of AMC. Any agreement(s) other than the lease agreement mentioned above entered into by the prospective occupant in relation to occupancy rights in the Part A of the Shopping center is invalid.

S d -

Commissioner Ahmednagar Municipal Corporation

Ahmednagar, Dated:

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All press advertisements, pamphlets, roadside banners, hoardings would include the following footnote

Terms & Conditions of Concession Agreement no. _____ dated _______ entered into by Ahmednagar Municipal Corporation and MIs ____ would be applicable to any and all transactions.

4.6.20 Important Clauses Of Tripartite Agreement The tripartite agreement, inter cilia, shall contain following clauses: a. )The terms and conditions including rate of lease rentals as mentioned in this tender document, tripartite agreement and other relevant documents shall prevail for the period of Ninety Nine years from the date of grant of Occupancy Certificate by AMC. The occupants shall cease to have any occupancy right or any other right after the completion of the lease period.

b. )The Concessionaire shall hand over vacant possession of the shop! office! showroom in the Part A of the Shopping center to the Occupant only after the receipt of Occupancy Certificate for the Shopping center.

c. )The Concessionaire shall form a Registered Co-operative Society of the Occupants of the Shopping center for the Maintenance and upkeep of the Shopping center under the provisions of the Maharashtra Co-operative Societies Act — 1960. The Concessionaire shall be responsible for all expenditures towards the maintenance of the Shopping center till the formation of the Registered Co-operative Society or end of the concession period whichever later. Thereafter the Occupants would share such expenses during the period of lease.

d. ) The occupant may choose to sell or gift his occupancy rights to any person/entity of his choice. Any such transaction should be through a written agreement co-signed by the Commissioner, AMC. The occupant who sells! gifts such right shall have to pay transfer fees @ 5% of the rate able value to AMC. In case of death of the occupant (in case the occupant is an individual) and subsequent transfer of his right to his nominees/legal hiers transfer fees shall not be applicable.

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Submittal A A—1 toA—8 (Envelope 1)

Submittal A

LETTER OF TRANSMITTAL Commissioner Ahmednagar Municipal Corporation AHMEDNAGAR, Maharashtra

Dear Sir, Sub


This has reference to your tender notice no. aforesaid project. We ___________ _________ our bid for the same. We have enclosed the following information! evaluating our bid and our commercial bid is sealed cover.

_____ dated ____ inviting bids for the (Names of firns) are pleased to tender documents vide envelope I to aid in enclosed vide envelope 2 in a separate

Sr. No. Description name of document Reference

We hereby certify that all the information contained in the submittals mentioned above is true and correct to the best of our knowledge.

We hereby state that we have read and understood the terms and conditions of the bid documents and agree to abide by them. We further agree to undertake the said project work to the satisfaction of Ahmednagar Municipal Corporation and as per the terms and conditions of the bid documents.

We have enclosed the original bid documents along with common set of deviations duly initialed on all pages as a token of our acceptance of the terms and conditions of the bid documents.

We understand that submission of this bid does not confer any right on us for selection.

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We also understand that our bid stands invalid in case it is incomplete in any respect and the Commissioner, Ahmednagar Municipal Corporation reserves the right to accept or reject any or all bids or annual the entire tender process without assigning any reason.

Thank You,

Regards

Name & Seal of Authorised Signatory.

(Note: Proprietors of Proprietary firm, Partners of the Partnership firm, Directors of the company will sign at all the necessary place. They may authorize any person provided a Power of Attorney is submitted.)

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SUBMITTAL A — 1 STRUCTURE AND ORGANISATION

Enclosures 1 Documents certifying Bidders legal status 2. Certificate of incorporation 3. Power of Attorney in favour of the Authorized signatory 4. Latest Company brochures

Note Separate forms shall be used for each member of partner

1 Name and address of Firm! Lead Consortium Member Description of the Company (Eg General, Civil Engine estate etc.)

2 Number of years in Operation and principal lines of Business

3 Experience (Brief details in line with eligibility criteria)

4 Names and details of associated companies (Parent Subsidiary Other) to be involved in the project

5 Names and Principals who will sign documents on behalf of the company

6 Name and address of Consortium partners (Applicable for a consortium! JV bid only)

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SUBMITTAL A 2

LIST OF WORK DONE OF COMPARABLE NATURE

Sr.no

Name of work & description

Year of work

Estimated cost

Actual cost

Allotted time

Completion period

Name of client along with postal address contact person telephone numbers

Note: Please enclose copies of certificates of clients indicating satisfactory completion of project works.

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SUBMITTAL A-3

LIST OF WORKS IN HAND

Sr.no

Name of work & description

Month/year of commencement

Estimated cost Time period for completion

Current status & balance for completion

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SUBMITTAL A — 4

LIST OF MACHINERY

Sr.no

Name of machinery

No. of m/c Make Year of purchase Location & comment on its availability for the project.

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SUBMITTAL A — 5

CHART OF QUANTITIES OF WORKS EXECUTED IN THE LAST FIVE YEARS

Sr. Name of Work Estimated Cost — Quantity of RCC in Quantity of I3BM/ Quantity of HYSD No. Cum. UCR in Cum. utilized iii MT 54

Sr.no

Name of work

Estimated cost Quantity of RCC in cum

Quantity of BBM UCR in cum

Quantity of HYSD utilized in m

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SUBMITTAL A — 6

FINANCIAL STATEMENT OF FIRM

Summary of assets and liabilities on the basis of the audited financial statements

for the last three financial years (ending March 31, 2012) Figures in Rs. Lakhs

Note: 1. Attach copies of audited financial statements of the last three financial years 2. In case of Consortium] JV, financial details of all consortium members! partners is to be provided in the format above.

Sr. No. Description 2009— 2010 2010 — 2011 2011 — 2012

1 Total Assets

2 Total Liabilities

3 Net Worth

4 Annual Turnover

5 Depreciation

6 Profit before Taxes

7 Profit after Taxes (PAT)

8 Annual cash flows (PAT + Depreciation)

9 Contingent Liabilities

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SUBMITTAL A — 7

EXPERIENCE IN RAISING DEBT & EQUITY FINANCE OVER THE LAST FIVE YEARS

Year Name of Brief description Project Total Debt Sources of Quantum of Debt & project of the project cost (Rs in & Equity Debt & Equity raised from each Lakhs) (Rs. in Equity source (Rs. in Lakhs)

Note: Please provide supporting statements from Financial institution/s Banks etc.

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SUBMITTAL A — 8

INFORMATION REGARDING CURRENT LITIGATION, DEBARRING! BLACKLISTING, EXPELLING OF BIDDER OR ABANDONMENT OF WORK BY BIDDER

The bidder is required to fill up the accurate details of arbitration litigation during the last seven years with their outcome

Note:

If any information in this schedule is found at a latter date to be incorrect or concealed, participation of the bidder will be summarily rejected at any time.

1 A Is the bidder currently involved in any Arbitration! Litigation related to any contract

Yes/No

—

B If yes, give detail

2 A Has the bidder or any of its JV partners been debarred! expelled by any Government Agency, during the last 7 years

Yes! No

B If yes, give details

3 A Has the bidder or any of its TV partner failed to complete any contract during the last 7 years due to any reason

Yes! No

______________ B If yes, give details

Details of dispute

Year

against bidder/ cause of litigation & matter_of_dispute

Disputed amount

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Submittal B, B — I

(Envelope 2)

Submittal B

COMMERCIAL BID

To The Commissioner Ahmednagar Municipal Corporation Ahmednagar, Maharashtra

Sub: Development of 2124 SQM vegetable market & shopping centre at C.T.S..No.208 at Nehru Market,Chitale Road,,Ahmednagar. on Finance Built &Transfer basis .

We offer to construct and complete the Project under private financing as per scope of work specified in the Bid Document and on the stipulated terms and conditions and other particulars therein and I/We hereby submit the offer as follows:

1) Total cost of project construction 2) (In figures & in words)

2) Premium Payable by me/ us to Ahmednagar Municipal Corporation as per clause 3.8 of the bid documents.

in Words: Rupees Only.

In figures: Rs I-

2) This bid and all other details furnished by us in Envelope 1 shall constitute a part of my/our offer, I/We understand that you are not bound to accept the highest or any bid you receive.

3) I/We agree that my/our offer shall remain valid for a period of 180 days from the last date prescribed for submission of bid.

4) I/We have carefully read all the terms & conditions of the Bid Documents and common set of Deviations and Bid Documents along with common set of Deviation duly signed on each page in token of having accepted all the terms of conditions therein are submitted herewith in Envelope No.1.

Yours faithfully, Signature & Seal Company Address

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Submittal B — II

STATEMENT OF EXPECTED QUARTERLY EXPENDITURE DURING THE CONCESSION PERIOD (QUARTER WISE)

Quarter Item Expenditure

Total

Quarter Item Expenditure

Total

NOTE: All the figures under expenditure shall be at the current costs for respective years.

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Form 1 to Form 3

FORM -1 ACCEPTANCE LETTER By.R.P.A.D Date:

From (Name & Address)

To (Name & Address)

Sub: Notice Inviting Bids No. ____________________________ dated the _____________ in connection with (Name of the Project) ________________

Ref Your Bid Letter dated the _______________________

Dear Sir, 1) Pursuant to your Bid letter in reference, I have to inform you that Ahmednagar Municipal Corporation has accepted your Bid for the Project. 2) The premium offered by you for the project is Rs. ________ and the same has been agreed by you after negotiations with Ahmednagar Municipal Corporation and confirmed vide your letter No. dated ____________

3) As per the bid condition __________ you are required to execute a Concession Agreement with Ahmednagar Municipal Corporation in Form-2 of Bid Documents, by paying the project development fee, performance security deposit amounting to Rs ________

and also pay the first installment of the Premium amounting to Rs.

4) You are hereby called upon -

(a) to attend the office of the undersigned within ___ __ days from the date of receipt of this letter for execution of the Concession Agreement and (b) to furnish within ____ days after receipt of this letter first installment of Premium amount of Rs, _________ (Rupees ________________ _____________ only), being the amount calculated at the rate of 25% of the Premium and Project Development Fee amounting to (Rupees ______________________________ only) either in Demand Draft or in the form of Bankers Cheque drawn on ______________payable at Ahmednagar. (c) to furnish Performance Security Deposit amount of Rs. _________ (Rupees _______) either in Demand Draft or in the form of a Bank Guarantee for equivalent amount. 5) Please note that if you fail or neglect to attend and / or execute an Agreement or pay the first installment of the premium amount, Project Development Fee and provide the Performance Security Deposit within the specified periods as aforesaid, then this Letter of Acceptance shall automatically stand cancelled and thereupon, without prejudice to any other rights and remedies of the Ahmednagar Municipal Corporation, the amount of

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Earnest Money Deposit paid by you earlier along with Bid letter shall forthwith stand forfeited to Ahmednagar Municipal Corporation. For and on behalf of the Ahmednagar Municipal Corporation Authorized Signatory

FORM 2- CONCESSION AGREEMENT

This agreement made at on this ____day of ______ 2004 between the Commissioner of Ahmednagar Municipal Corporation herein after referred to as “AMC” (which expression shall unless repugnant to the context or meaning thereof shall include its administrators, successors and assigns) of One part and (In case of individual):

Shri / Smt / Kum ______ ____ ________ _____ son/wife/daughter of ______________________________ sole proprietor of MIs. ___________________________ Indian inhabitant, residing at (In case of partnership firm) 1) ___________________________________ 2) ___________________________

3) ___________________________

(In case of Limited Company):

MIs. _______________________________ Limited, a company registered under the

Companies Act, 1956 (1 of 1956) / Indian Companies Act, 1913 (VII of 1913), a Company having the incorporated office at _____ hereinafter referred to as “the Concessionaire” (which expression shall unless repugnant to the context or meaning thereof shall include its administrators, successors and assigns) of the Other Part

WHEREAS The Ahmednagar Municipal Corporation invited proposals for undertaking the work of” “ hereinafter referred to as “the project” on Finance Built Transfer basis as per Notice Inviting Bids No. ________________ dated _______ issued by AMC.

AND WHEREAS pursuant to the said Bid Notice, dated _______________ M/s. , the Concessionaire/s has interalia submitted his/their bid for the project which has been accepted by the AMC on the terms and conditions contained hereunder:

AND WHEREAS after the acceptance of the proposal communicated by the Ahmednagar Municipal Corporation, the Concessionaire is required to enter into a Concession Agreement with the Ahmednagar Municipal Corporation in connection with execution of the Project, being in fact these presents.

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NOW THIS AGREEMENT WITNESSETH AND iT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. The contract documents shall be deemed to form and be read and construed as a part of this Agreement (all these documents and letters are hereinafter collectively referred to as ‘Contract Documents’). 2. Other documents such as additional details of the proposal, Performance Security Deposit, and other correspondence between the AMC and the Concessionaire are attached therewith, as Reference Documents. 3. The words and expressions used in this Concession Agreement shall have the same meaning as are respectively assigned to them in the contract documents. 4. Ahmednagar Municipal Corporation, in consideration of the Concessionaire, having agreed to make payment of Rs. _______ (Rupees _______) only as premium for grant of right to develop and complete the project in conformity with the provisions of the Contract Documents, hereby grants the Concessionaire the right to develop the project. 5. The Concessionaire does hereby agree: a) To duly execute and complete the project in all respect entirely at the cost of the Concessionaire and strictly in accordance with the approved designs, drawings and work specifications under the technical control and supervision of the AMC and within the time limits specified therein. b) To duly observe and perform all the terms and conditions in the contract documents. c) To pay Rs. _________ (Rupees ________) as project development fee, in the form of Demand Draft, at the time of execution of this agreement and the Premium amount of Rs.___________ (Rupees ________________) only, in the manner provided in Clause 3.8 of the Contract Documents. d) To pay the performance security deposit amounting to Rs. ______ either in Demand Draft or the form of a Bank Guarantee of an equivalent amount. e) To handover the Part B of the Shopping center complete in all respects to AMC free of cost immediately on receipt of occupation certificate from AMC. f) To market the offices in the Part A of the Shopping center and enter into tripartite agreement(s) provided in the Contract Documents with AMC and the occupants of the shopping center. g) To handover possession of the Project Facilities to A’IC free of cost at the date of end of Concession period i.e. 30 months from the date of signing this agreement, subject to any of the provisions of the Contract Documents providing for extension of concession period. 6. This Concession Agreement shall be governed by and construed in accordance with laws of the Republic of India. IN WITNESS whereof the parties hereunto have set their hands and seals the day and year first above written.

Signed and sealed by:

Commissioner

Ahmednagar Municipal Corporation

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The Concessionaire,

Signature: Signature:

Seal: Seal:

In presence of

1. Name & Address: 1. Name & Address: Signature: Signature:

2. Name & Address: 2. Name & Address:

Signature: Signature:

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FORM 3- FORM OF LEASE AGREEMENT This lease agreement made at - on this day of _____2OO9

between: Commissioner of Ahmednagar Municipal Corporation hereinafter referred to as “Ahmednagar Municipal Corporation (AMC)” (which expression shall unless repugnant to the context or meaning thereof shall include its administrators, successors and assigns) of the First part and (In case of individual): Shri I Smt. / Kum son / wife I daughter of sole proprietor of MIs Indian Inhabitant, residing at (In case of partnership firm): 1) 2) 3) MIs Limited, a Company registered under the Companies Act, 1956 (1 of 1956) / Indian Companies Act, 1913 (VII of 1913), a Company having the incorporated office at hereinafter referred to as “the Concessionaire” (which expression shall unless repugnant to the context or meaning thereof shall include its administrators, successors and assigns) of the Second part and (In case of individual): Shri / Smt / Kum son / wife / daughter of sol proprietor of MIs Indian Inhabitant, residing at (In case of partnership firm):

1) 2) 3)

(In case of Limited Company)

MIs Limited, a Company registered under the Companies Act. 1956 (1 of 1956) / Indian Companies Act, 1913 (VII of 1913), a Company having the incorporated office at

hereinafter referred to as “the Occupant” (which expression shall unless repugnant to

the context or meaning thereof shall include its administrators, successors and assigns)

of the Third part

(A) WHEREAS AMC is the absolute owner in possession of a piece of land admeasuring _______sq.mtr on CS no. _________ at ________ Ahmednagar Maharashtra .(State) and is desirous of developing the same and to lease space in the Part A of the said complex to the interested occupants.

(B) AND WHEREAS AMC has decided to “Development of a 2124 sq mtr Shopping Center cum Vegetable Market on CTS no. 208, Nehru Market, Chitale Road,

Ahmednagar on Finance Built Transfer (FBT) Basis hereinafter referred to as “the project”.

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(C) AND WHEREAS in pursuance of the said decision AMC has invited proposals from Bidders vide Notice Inviting Bids No dated issue by the Division

(D) AND WHEREAS in pursuant of the said Bid Notice, dated MIs , the Concessionaire/s has interalia submitted his/their bid for the project which has been accepted by the Ahmednagar Municipal Corporation on the terms and conditions contained in the Contract Documents.

(E) AND WHEREAS AMC has communicated to the Concessionaire the acceptance of the said proposal vide Letter of Intent dated _____, the Concessionaire has signed the Concession Agreement dated ______ with the Ahmednagar Municipal Corporation upon terms, conditions and covenants agreed to between them and incorporated in the said agreement.

(F) AND WHEREAS the Concessionaire by virtue of clause 4.4.1.13 of the Concession Agreement dated is entitled and empowered to grant lease/occupancy rights on behalf of Ahmednagar Municipal Corporation to and in favour of any party/occupant/s in respect of any office space/showroom/shop, etc. constructed or provided in the part A of the Shopping center.

(G) AND WHEREAS the occupant has approached the Concessionaire to enter into this lease agreement in respect of shop/showroom/office space No ......... admeasuring ..,...........

sq.ft. on floor as marked in the plan in Annexure-1 in conformity with the several covenants and conditions of the Concession Agreement dated , on the terms and conditions hereafter appearing and agreed to by and between the parties and execute this lease deed.

(H) AND WHEREAS the occupant has carefully studied and examined the Builting

plans, Concession Agreement and other relevant papers and documents relating to the

rights, powers and obligations of the Concessionaire in respect of the project and the said occupant is fully aware of and conversant with the contents of the said Concession Agreement and other documents. Occupant has fully satisfied himself7herself7itself as to the title of Ahmednagar Municipal Corporation, rights and powers of the Concessionaire, as well as the rights and powers of Abmednagar Municipal Corporation and of the Concessionaire to enter into this lease agreement.

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NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERE TO AS FOLLOWS:

1 DEFINITIONS:

“Annexure” means any of the schedules, supplements or documents appended to this agreement. “Applicable Laws” means any and all statute, law, regulation, ordinance, rule, judgment, order, decree, bye-laws, approval, directive, guidelines, policy, requirement or other government or administration having the force of law of any of the foregoing, by any Government Authority having jurisdiction over the matter in question, whether in effect as of the date of this Agreement or thereafter.

“Architect” means the Technical Consultant to AMC responsible for overseeing the construction of the project on behalf of the City Engineer & AMC.

“Association” means the Registered Co-operative Society constituted under the provisions of the Maharashtra Co-operative Society Act, 1960.

“AMC” means Ahmednagar Municipal Corporation.

“Business” means the trade the occupant intents to carry out in the facility.

“City Engineer & Architect” means City Engineer & Architect of AMC.

“Chargeable Area” shall mean the area of the office in sq m in the Shopping center designated in the drawings annexed to Volume 2 of the Bid Documents in the Concession Agreement dated _______ “Concession Agreement” means the agreement dated entered into by the Concessionaire and AMC in respect of the project.

“Concession Period” means the period of 30 months from the date of signing the Concession Agreement.

“Construction Phase” means the period of 18 months from the date of signing the concession agreement.

“Concessionaire’s Event of Default” means the concessionaire’s failure to perform any of its obligations in accordance with the provisions of this agreement and / or the Concession Agreement.

“Date of Commercial Operations” means the date on which the possession has been granted to the occupant subsequent to the grant of Occupancy Certificate by AMC on satisfactory completion of work with respect to the Project.

“Effective Date” means the date of signing this Agreement or date of grant of vacant possession of the premises in the part A of the shopping center whichever is ‘ater. “Facility” means the provision/construction of all facilities as envisaged in the project within the terms and conditions of the Concessionaire Agreement dated .

“Lease Agreement or Agreement” means this agreement as of date hereof including annexure “1 through “ as may be amended, supplemented or modified in accordance with the provisions hereof “Party” means either AMC or Concessionaire or Occupant as the context may require or admit and “Parties” means AMC and! or Concessionaire and! or Occupant collectively.

“Part A ,Part B,Part C of the shopping center” shall mean the area on the Lower Ground, Ground (Part), First, Second, Third floors of the shopping center comprising of shops! offices,showrooms (totaling to sqm saleable area) earmarked for commercial exploitation by the Concessionaire to be constructed as per the approved designs and specifications of AMC.

“PREMISES” . MEANS C.T.S..No.208 at Nehru Market,Chitale Road,,Ahmednagar. (shop/office no -Admeasuring Sq.ft. area allotted to the Occupant. )

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“PROJECT” SHALL MEAN


Occupant’s Event of Default means the Occupant’s failure to perform any of its obligations in accordance with the provisions of this Agreement and/or delay in payment of monthly lease rentals exceeding three months. The words and expressions in this agreement but not defined unless repugnant to the context have the meanings respectively assigned to them in the concession agreement.

2 INTERPRETATION:

This agreement constitutes the entire understanding between the parties hereto and if there is any aspect not covered by any of the provisions of this agreement, then reference may be made to the concession agreement dated signed by the Concessionaire and AMC. In this agreement unless the context otherwise requires

a) The words imparting the singular shall mean the plural and vice-versa.

b) ‘Article’ and ‘Annexure’ shall refer, respectively to Articles of any Annexure to this agreement. The Annexure to this Agreement shall form part and parcel of this Agreement.

c) A reference to any legislation or law or to any provision thereof shall include references to any such law as it may, after the date of this Agreement, from time to time be amended, supplemented or re-enacted.

d) The reference to the word ‘include’ or ‘including’ shall be construed without limitation.

e) The reference to any agreement or deed or other instrument shall be construed as a references to such agreement, deed, or other instrument as the same may from time to time be amended, varied, supplemented or renovated.

f) Unless otherwise provided, any interest to be calculated and payable under this agreement shall accrue on a monthly basis and from the respective due dates as provided for in this agreement.

Any word or expression used in this agreement, shall unless defined or construed in this Agreement, bear its ordinary English meaning.

3 OWNERSHIP:

3.1

That it has been clearly understood by the parties that the ownership of the project facilities, i.e. all the shops! offices! showrooms! space shall always vest with AMC and the occupant has been provided only the lease rights of the premises for such period as has been mentioned below in clause 4 of this Agreement.

3.2

That it has further been agreed that the occupant has only been leased the premises and the occupant has no right except the right of usage of the common facilities described above in this Agreement along with other Occupant/s of the Shopping center. The ownership of the common facilities shall always be of AMC.

3.3

That the area of the said premises of the occupant is sq.ft. The area mentioned is in accordance with the chargeable area of the Contract Documents. In case of any balance Floor Space Index (FSI) in the project area not forming part of the Project, the FSI rights shall rest with AMC and shall be the sole property of AMC. This right shall also extend to any incremental FSI and! or privileges that may accrue to AMC at a subsequent date

3.4 That Concessionaire! Occupant! any other association or body shall not have any right whatsoever on the balance or incremental FSI in the project.

3.5 That AMC has the right to develop such available FST at a future date in a manner it deems fit and the Concessionaire! Occupant any other association or body shall not object to any such development initiatives in the future.

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3.6

. That save and except in respect of the particular premises as mentioned hereinabove agreed to be leased, the occupant under this Agreement shall have no claim of any sort, or right of any nature or kind, over and in respect of any other area in the project or any open/covered space parking places, lobbies, staircases, lifts, terraces and on the common areas, etc.

3.6

That the lease hereby granted shall always be subject to and consistent with, the terms and conditions of the Concessionaire Agreement dated executed between AMC and Concessionaire and such other terms and conditions as may further be agreed by and between the Concessionaire and AMC.

3.7

That the Commissioner, AMC reserves the right to grant! extend the lease of any open areas! terrace in the Shopping center. Provided that the use of the said space complies with the Development Control Regulations of AMC and none of the Occupants of the Shopping center would object to it.

4. TERM OF LEASE

4.1. The Lease in respect of the premises has been granted to the occupant by the Concessionaire acting on behalf of AMC by virtue of Clause 4.6.19 of the Concession Agreement dated on shop/office No admeasuring sq.ft. on floor for a period of 99 years from the date of grant of Occupancy Right in the Shopping center subject to the terms and conditions mentioned in this Agreement.

5. RIGHTS, REQUIREMENTS AND OBLIGATIONS OF AMC

5.1. That by virtue of the Concession Agreement dated executed between AMC and the Concessionaire it has been agreed that the Concessionaire shall construct and develop the project according to AMC’s approved designs and plans.

5.2. AMC shall nominate the City Engineer & Architect to supervise the construction development of the project. In case the Concessionaire breaches any terms and conditions of the Concessionaire Agreement in respect of the project or make use of substandard material in construction of the project, the City Engineer & Architect shall have the right to reject such breach/material as the case may be or to direct the Concessionaire to reconstruct the complex/part of the complex according to the plans. The Concessionaire shall be liable to remove the said defects/breach at his/her/its own cost.

5.3. That notwithstanding anything contained herein, it is agreed and understood between the parties hereto that the stipulated premises shall at all times remain under the overall control and supervision of AMC and it shall retain dominion over the said stipulated premises and shall at all times have the right to direct the mode and manner of use of the said stipulated premises so as or more effectively provide for facilities and amenities expected of such a Shopping center.

5.4. That AMC or its authorized agents shall be entitled to enter the stipulated premises at any time without notice either for inspection of for any other purpose or on termination of lease for removal of the occupants and his/her/its belongings from the stipulated premises.

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5.6 In the Concessionaire’s Event of default as described hereinabove in this Agreement and in the Concession Agreement dated executed between AMC and the Concessionaire, AMC shall serve upon the Concessionaire a notice in writing as provided in clause 4.4.13.3 of the Concession Agreement dated ________ for removal! rectification of the default. However, if AMC concludes that the default cannot be resolved/rectified than in that case AMC by virtue of clause 4.4.14 of the concession Agreement shall have the right to terminate the Concession Agreement.

5.7 AMC in event of termination of Concession Agreement with the Concessionaire, may enter into such other Concession Agreement with such other person/party who may be interested in acting and working as Concessionaire/developer upon such terms and conditions as it may deem fit.

In such an event this Lease Agreement shall remain in force and any reference to the term Concessionaire shall mean the new Concessionaire as notified by AMC in writing to all the occupants. The notice mentioned above shall be sent by Registered Post to all the Occupants at the address mentioned in this Agreement and shall contain the name, address and other relevant information about the new Concessionaire / developer.

AMC shall make all efforts to ensure that the payments already made to the terminated Concessionaire by the Occupant are duly accounted for by the new Concessionaire. However, AMC shall not be responsible for any claim of damages or any other loss suffered by the Occupant on account of such action or due to delay in completion of the project consequent upon the above-mentioned situation.

5.8. In the Occupants event of default after the concession period, AMC shall serve upon the Occupant a notice in writing mentioning therein the default and shall provide such time, as may deem fit and proper considering the nature of default, to the Occupant for removal/rectification of the default. In case the Occupant does not remove/rectify the default, AMC is entitled empowered to terminate this Lease Agreement by giving a one month’s notice in this regard.

5.9. That the responsibility of the construction and development is solely on the Concessionaire and during the Concession period the Concessionaire shall keep AMC indemnified against all losses/claims/damages in respect of the labour/workforce/injury/retrenchment of labour or other disputes and AMC shall have no concern whatsoever with such disputes.

5.10. The AMC undertakes to provide the vacant plot of land for the purposes of the project to the Concessionaire, which shall be free from all encumbrances, litigations and free from all sorts of disputes. In case any delay in construction/completion of the project is found to be due to any such reason or due to delay on the part of AMC in providing the plot AMC shall be solely responsible to the Occupant Concessionaire for any losses suffered by them.

5.11. That in the event of any legal dispute in respect of the title of the land, AMC shall be liable to indemnify the Concessionaire/Occupant in the most appropriate manner.

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5.12. That the AMC reserves the right to carry out or permit to carry out the work of any other facilities near any or all sections of the project including the Project Facility at any time during the lease period. The concessionaire/ occupant shall give access to such works without any claim for damages.

6. RIGHTS, REQUIREMENTS AND OBLIGATIONS OF CONCESSIONAIRE

6.1. That the Concessionaire has been granted the exclusive rights to construct, develop and market the area in the Part A of the Shopping center by virtue of the Concession Agreement. The Concessionaire shall develop of the project as per the specifications and plans of the AMC and shall use the best possible skill, material and manpower to construct and develop the project within the time frame provided to it by AMC vide the Concession Agreement dated

6.2. That the Concessionaire vide the Concession Agreement is empowered to take the services of other technical personal by granting the sub-contracts/sub-concessions on such terms and conditions as the Concessionaire deems fit and proper, who shall work under the supervision and control of the Concessionaire.

6.3. That the Concessionaire shall be responsible to keep the plot of land entrusted to him/her/it by AMC for the purpose of the project secured against all the risks, damages due to trespassing/illegal possession. The Concessionaire shall employ sufficient security personal or shall take such other steps as it deems fit for the above purpose.

6.4. That the Concessionaire shall enter into an insurance contract with reputed Insurance Company that it deems fit and proper and get the property, labour/ work force insured against au the risks and damages.

6.5. That the Concessionaire shall provide for separate electricity facility for the Occupants according to the plans provided with the concession agreement. However, the Occupant shall apply for an independent electric meter with the concerned authorities and shall get the same installed at his own cost.

6.6. That the Concessionaire shall handover the vacant possession of the premises to the Occupant only after the receipt of Completion and Occupation Certificate from AMC.

6.7 That the Concessionaire prior to completion of the concession period shall form a Registered Co-operative Society of the Occupants in the Shopping center under the provisions of Maharashtra Co-operative Societies Act — 1960 (Association). The Concessionaire shall utilize the sum of Rs. ______ paid by the Occupant for meeting all legal expenditures of Advocates in connection with formation of the said Association, preparing its rules and regulations and bye-laws and the cost of preparing and endorsing this Agreement.

6.8 in the event of default by the Occupant during the concession period in making payment on the scheduled dates to the Concessionaire under this agreement, the Concessionaire shall serve

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upon the Occupant a notice in writing and shall provide therein the nature of default and also time within which the Occupant shall be obliged to rectify the default. In case the default is not rectified within the time mentioned in the notice, the Concessionaire is empowered to terminate this Lease Agreement after giving one months notice to the Occupant. Provided that upon termination of this agreement, the Concessionaire shall deduct a maximum of 10% of the overall up-front non-refundable payment towards expenditure incurred in processing, legal, establishment stationary etc and refund the balance sum to the Occupant. However, the Concessionaire shall not be responsible to compensate! pay to the occupant any loss and interest on the amount so refunded. Provided that upon termination of this agreement refund of the aforesaid amount, the Concessionaire shall be at a liberty to lease out the premises to such persons and at such a price as the Concessionaire may deem fit.

6.9. That the Concessionaire shall bear all expenses towards the maintenance and proper upkeep of the Shopping center till the formation of the Registered Co-operative Society or end of the concession period whichever later. Thereafter the Occupants would share such expenses during the period of lease.

7. RIGHTS, REQUIREMENTS AND OBLIGATIONS OF OCCUPANT

7.1. That the Occupant vide this lease agreement has agreed to acquire office bearing no. Ahmeasuring sq.ft. on the Floor of the project on lease for the period as specified in clause 4 above subject to making regular payment of lease rentals and non-refundable, non-refundable cash down payment as specified in clause 8 herein below.

7.2. That the occupant shall get the electricity meter installed at his own cost and shall be liable to make regular payments of the electricity bills. AMC or Concessionaire shall not be responsible for installation or payment of the electricity charges of the occupants. However, the Concessionaire shall pay the charges for any electricity consumed before the handing over of the possession of the premises to the Occupant.

7.3. That the Occupant shall arrange for the payment towards upfront non refundable payment and other related expenses for allotment of the premises out of his own sources. However, the occupant if required, with written consent of AMC, may assign to any banks, financial institutions or any other lender the occupancy/lease right of the premises granted under this agreement for the purpose of borrowing and or raising finance.

7.4. That the Occupant in event commits any default in repayment of the borrowed money, the lender for the purpose of recovering his dues, shall have all the powers to initiate appropriate proceedings against the occupant including the eviction proceedings against such occupant and shall be entitled to transfer the lease rights to any other person or to occupy the premises himself subject to the consent! approval of AIVIC as well as complying with all the requisite procedures transfer procedures including making the payment of any outstanding dues to AMC.

7.5. That the Occupant shall not assign this agreement or his/her/its interest therein nor shall in anyway encumber, deal neither part with the possession of the office showroom/shop or any part thereof without obtaining previous written consent of AMC. However, AMC shall not refuse to

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permit the Occupant to transfer the lease rights of the remaining lease period to any other person provided a transfer fee @ 5% of the ratable value is paid by the Occupant and upon satisfaction of AMC that the transferee would not use the premises for any illegal or unlawful purposes and also upon satisfaction about the financial soundness of the transferee in order to ensure itself regarding the payments of lease rentals. This transfer fee will not be applicable in case of death of the occupant (incase the occupant is an individual) and subsequent transfer of his right to his nominee/ legal heirs.

7.6. That the Occupant shall take possession of the premises within fifteen days of the receipt written notice from the Concessionaire that the Occupation certificate has been obtained by AMC.

7.7. That the Occupant (s) of the Shopping center shall join the Association formed by the Concessionaire for the purposes of ensuring the safety, maintenance and proper upkeep of the of the Shopping center by complying with all the necessary documents as required by the Concessionaire within 15 days of receipt of such documents.

7.8. That the occupant shall on or before the delivery of possession of the said premises keep deposited with the Concessionaire the following amounts: Rs. ______________________ for legal charges > Rs. _______________ for share money > Rs. _____________________ for formation and registration of the Association 7.9. That the Association formed for the purpose shall appoint sufficient numbers of security and maintenance personals. The payment of salary, etc. to such personals shall be made by the association out of the monthly subscriptions received by the members of the association/occupants. AMC/Concessionaire shall not be liable in any manner whatsoever for payments to such persons.

7.10. That the association shall bear any and all costs! expenses towards maintenance and proper upkeep of the Shopping center but not limited to common facilities, accessories, materials, any & all repairs & replacements, lightings, electrical fittings, lift operation & maintenance etc. The payment for such costs expenses shall be made by the association out of monthly subscriptions received by the members of the association occupants. A.M.C. shall not be liable in any manner whatsoever for maintenance and proper upkeep of the Shopping center.

7.11. That the Occupant shall at all times be strictly required to follow and implement the Maintenance Manual supplied to them by AMC Concessionaire.

7.12. That the association shall also get the whole of the Shopping center, including the common facilities therein, fully insured against damages by fire, riots, civil, commotion, earthquake, electric fire, floods, etc. and pay insurance charges as and when demanded by the association.

7.13. That the Occupant shall not do or permit to be done any act which may invalidate or in any way adversely affect the insurance of the project or which may render the said association liable to pay any extra or excess insurance premium. In any such event the Occupant shall be liable to reimburse to the association any such excess/extra expense incurred by the Association.

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7.14. That the Occupant shall not throw dirt, rubbish, garbage or refuse or permit the same to be thrown in the Shopping center or in any common passage or on any other portion of the Project except at the place provided for the same.

7.15. That the Occupant shall keep and maintain the interior of the office/showroom/shop in accordance with the Builting regulations and bye-laws of AMC or any other law applicable thereto. The Occupant shall also comply with the Maintenance Manual enclosed vide Annexure II.

7.16. That it is further provided that without the written approval of AMC, which shall not be unreasonably withheld, the Occupant shall also not alter the original colour of the outside of the premises or the façade and front elevation nor erect own screens, curtains or blinds on the exterior nor paste paper, hand bills, advertisements, posters, notices cuttings etc. on the glass nor permitted the same to be made, fixed, altered or erected.

7.17. That the Occupant shall use the leased premises for doing the trade of The change of the trade by the Occupant at any subsequent stage shall only be permissible with the prior written approval of Commissioner, AMC and such approval shall not be withheld unreasonably.

7.18. That if it shall at any time appear to AMC that any goods or articles being sold or exhibited or exposed for sale into the premises are of obnoxious, obscene or undesirable nature, the Occupant on being required by AMC remove or cause to be removed the same from the premises.

7.19. That the Occupant shall not carry on any illegal activity in the leased premises. In case he/she/it does so, the lease granted under this Agreement shall be liable to be terminated forthwith without notice.

7.20. That the Occupant shall not hold or permit to be held an auction in the leased premises without the prior written consent of Commissioner, AMC.

7.21. That the Occupant shall not store or cause to be stored any hazardous, combustible or dangerous goods except in its stipulated space.

7.22. That the Occupant shall not employ for work at the leased premises any person who is not of good character and behaviour or is suffering from any contagious or infectious disease in order to maintain the safety of the life and property of the other Occupants.

7.23. That the Occupant shall not create or cause to be created any hindrance, nuisance to the entrances, gates, halls passengers, staircases, lifts or any other common facility.

7.24. That the Occupant shall make regular and timely payments of property taxes, all taxes, duties, levies tax and charges that may be levied, claimed or demanded from time to time by AMC and any Government agency in respect of its business and the leased premises.

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7.25. That the Occupant shall not do or permit to be done, in the leased premises or any other place within the complex, any act which may create nuisance or annoyance to any other Occupant or which may interfere with the quite comfort of other Occupants of the Complex.

7.26. That the Occupant shall permit the Concessionaire (during the Concession period) and AMC, its servants, agents or any other authorized persons to enter upon the premises at all reasonable times for examining the condition of the premises or doing such work as it may deem fit and necessary for the purpose of repairs, alterations, servicing or improvement of the common facilities of the Project.

7.27. That the occupant shall indemnify’ and keep indemnified the AMC during the entire lease period against all claims of liabilities by any party resulting from damages, accident or any other reason whatsoever to persons! machinery directly or indirectly connected with the Project.

8. PAYMENTS TO CONCESSIONAIRE/AMC

8.1. The Occupant in consideration to the Concessionaire offering occupancy right in the said premise hereby agrees to pay a non-refundable payment amount to Rs. (Rupees ) only to the Concessionaire as per the following schedule.

Milestone Completion Date Amount At the time of signing the Agreement Lower Ground floor slab First floor slab Second floor slab Third floor slab Masonry construction&plaster completion. Premise Possession

Payments remaining unpaid on respective dates would carry interest @ 2% per month from the due date till the date of payment or realization thereof.

8.2. The Occupant shall commence the payment of lease rentals to AMC from the effective date and lease rental for each month shall be paid on or before the seventh day of the immediately succeeding month. The lease rental for the first year of the lease period will be Rs I- month (Rupees). The lease rentals will be increased by 10% once every three years.

8.3. Lease rental remaining unpaid on respective due dates would carry interest @1.5% per month from the due date till the date of payment or realization thereof

9. JOINT RESPONSIBILITY

In the event that any damage is caused in part only due to the negligence or default or omission on the part of the parties. Each party shall be liable to the other party only in proportion to its respective degree of negligence or default or omission as the case may be.

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10. SEVERAL OBLIGATIONS

Nothing contained in this agreement shall be construed to create an association, trust, partnership, agency or joint venture among the parties and parties shall be liable to perform their respective duties and discharge their respective liabilities or obligations in accordance with provisions of this agreement.

11. SEPERABILITY

If for any reason whatsoever any provision or any part(s) of this agreement is held or shall be declared to be void or illegal or invalid under present or future laws or regulations effective and applicable during the lease period, by any competent arbitral tribunal or court, such provisions shall be fully separable and this agreement shall be constructed as if such provision or such part(s) of this Agreement never compromised and the remaining provisions of this Agreement shall remain in thu force and effect and shall not be affected by such void or illegal or invalid provision or by its severance from this Agreement.

12. AMENDMENTS, MODIFICATIONS, ETC.

Amendments, modifications or alterations of or any additions to the terms and conditions of this Agreement shall be valid unless the same be in writing and agreed to by the relevant parties.

13. DISPUTE RESOLUTION

In the event of any dispute or difference arising out of or concerning the subject matter of these present or any càvenant, clause or thing therein contained or otherwise arising out of the tenancy/development/occupancy, between any two or all the parties hereto, the same shall be referred to The Commissioner, AMC and the decision of the Commissioner AMC shall be conclusive and binding on the parties hereto.

14. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the Republic of India.

This Lease Agreement shall be executed in quadruplicate. The original plus one copy shall be retained by AMC. The remaining two copies shall be retained with the Concessionaire and Occupant respectively. The stamp duty and registration charges and all other expenses in respect of this lease agreement, duplicate, triplicate and quadruplicate thereof shall be borne and paid by the Occupant. The Estate Officer of AMC shall maintain the record of Rights of all Occupants and subsequent transfers.

IN WITNESS WHEREOF, the Parties, intending to be legally bound, have caused this Agreement on the day, month and year first mentioned hereinabove. This Agreement is signed and executed by all the parties in presence of each other as well as in the presence of the witnesses mentioned below who have also signed this Agreement in presence of all the parties.

For Ahmednagar Municipal Corporation,

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City Engineer & Architect Estate Officer (Authorized vide Reference No. _______ dated to enter into this agreement for and behalf of the Commissioner of AMC)

For Concessionaire For Occupant Witnesses 1. _______________________ 2. ________________ 3. __________________

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VOLUME 2

1. Technical Terms & Conditions

2. Scope of Work for the Project

3. Specifications for project works

4. 10 nos. Drawings .

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Scope of Work for the Project

1. SCOPE AND INTENT

1.1.1. SCOPE

The general character and the scope of the work is illustrated and

defined by the Specifications and the Construction methodology

herewith attached and by the signed Drawings. If the

concessionaire shall find any discrepancy in or divergence

between the contract drawings he shall immediately give to the

Architect a written notice specifying the discrepancies of

divergence and the Architect shall issue instructions in regards

thereto.

1.1.2 EXTENT

The concessionaire shall carry out and complete the work in every

respect in accordance with this contract and with the directions of

and to the reasonable satisfaction of the Architect. The Architect

may in his absolute discretion and from time to time issue further

drawing, details and/or written directions, written instructions and

written explanation all of which are collectively referred to as

Architects instructions. All such drawings and the instructions shall be

consistent with the contract documents true development thereof

and reasonably inferable there from.

1.1.3 INTENT

The intention of the documents is to include all labour and material,

equipments and transportation necessary for the proper execution

of the work. All such drawings and instructions shall be consistent

with the contract document, true development and reasonably

inferable there from. Material of the work described in the words

which so applied have a well known technical or trade meaning

shall be held to refer to such recognized standards.

1.2 ARCHITECTS INFORMATION

1.2.1 The Concessionaire shall comply with any instruction and duly

execute any works comprised in such instructions issued to him by

the Architect in regard to any matter in respect of which the

Architect is expressly empowered by these conditions to issue

instructions provided always that verbal instructions, directions and

explanations given to the concessionaire or his Representative

Engineer by the Architect shall if involving variations be confirmed in

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writing. If within seven days after receipt of a written notice from the

Architect, requiring compliance with any instructions the

concessionaire does not comply herewith then the A.M.C. may

employ and pay other person to execute the work whatsoever

which may be necessary to give effect to such instructions and all

cost incurred with such employment be recoverable from the

concessionaire by the A.M.C as a debt or may be deducted from

his security deposit.

1.2.2 Upon receipt on what purpose to be instruction issued to him by the

Architect the Concessionaire may request the Architect to specify

in writing the provisions of these conditions which empowers the

issue of the said instructions . The Architect shall forth with comply

with any such request, and the concessionaire shall there after

comply with the said instructions, then the issue of the same shall

be deemed for all purpose of this contract to have been

empowered by the provisions of these conditions specified by the

Architect in answer to the Concessionaire request

1.2.3 All instructions issued by the Architect shall be in writing. Any

instructions issued orally shall be of immediate effect, but shall be

confirmed in writing by the contractor to the Architect within seven

days and if not dissented from in writing by the Architect to the

concessionaire within seven days of the receipt of the

concessionaire confirmation shall take effect as from the expiration

of the latter seven days.

Provided always

1.2.3.1 That if the Architect within seven days of giving such an oral

instruction shall himself confirm the same in writing , then the

concessionaire shall not be obliged to confirm as aforesaid and the

said instruction shall take effect as from the date of the Architect

confirmation

1.2.3.2 That if neither the concessionaire nor the Architect shall confirm an

oral instruction in the manner and at the time aforesaid but the

contractor shall nevertheless comply with same, the Architect may

confirm the same in writing at any time prior to the issue of the

Provisional Completion Certificate and the said instruction shall

there upon be deemed to have taken effect on the date on which

it was issued.

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1.3 SETTING OUT

1.3.1 The architect shall determine any lines which may be required for

the execution of the work and shall furnish to the concessionaire by

the way of accurately dimensioned drawings such information as

shall enable the contractor to set out the work at the ground level.

The concessionaire shall set out and level the work and shall be

responsible for the accuracy of the same. He shall provide all

instruments and attendance required by the Architect for checking

the work. He shall entirely at his own cost amend to the satisfaction

of the architect any error found at any stage which may arise

through inaccurate settings.

1.4 ACCESS FOR THE ARCHITECT TO THE WORK

The architect and his representatives shall at all reasonable times

have access to the works and to the workshops or other places of

the concessionaire where work is being prepared for the project

and the work is to be so prepared in workshops or other places of

the sub-contractor the concessionaire shall have a term in the sub-

contract so as to secure a similar right of access to those workshops

or places for the Architect and his representatives and shall do all

things reasonably necessary to make such right effective.

1.5 ARCHITECTS STATUS AND DECISION

The Architect shall be the AMC representative during the

construction period. The Architect shall periodically visit the site to

familiarize himself generally with the progress and the quality of the

work and to determine in general if the work is proceeding in

accordance with the Contract Document. He shall not be required

to make exhaustive or continuous on site inspection to check the

quality or quantity of the work and he shall not be responsible for

the concessionaires failure to carry out the construction work in

accordance with the contract documents. During such visits and on

basis of his observation while at the site he shall keep the AMC

informed of the progress of the work, shall endeavor to guard the

AMC against defect and deficiencies in the work of the

concessionaire and he shall condemn work which fails to conform

to the contract document. He shall have authority to act on behalf

of the AMC only to the extent expressly provided in the contract

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document or otherwise in writing, which shall be shown to the

concessionaire. He shall have authority to stop the work whenever

such stoppage may be necessary in his reasonable opinion to

ensure the proper execution of the contract. The Architect shall be

in the first instance the interpreter of the conditions of the contract

and the judge of its performance. He shall side neither with the

AMC nor with the concessionaire but shall use his power under the

contract to enforce its faithful performance by both. In case of the

termination of the appointment of the Architect the AMC shall

appoint a capable and reputable Architect against whom the

concessionaire shall make no reasonable objection and whose

status under the contract shall be that of the former architect. Any

dispute in connection with such appointment shall be referred to

the Comissioner, AMC .

1.6 DISMISSAL

The concessionaire on the request of the Architect immediately

dismiss from the work any person employed thereon by him who

may be in the opinion of the Architect be incompetent or

misconducts himself and such person shall not be again employed

on the work without the permission of the Architect

1.7 CONCESSIONAIRES FIELD ORGANISATION AND EQUIPMENT

1.7.1 FIELD ORGANISATION

The concessionaire shall at his cost provide a mobile phone to the

Resident Engineer.

1.7.2 EQUIPMENTS

The concessionaire shall provide and install all necessary hoists,

ladders, scaffolding, tools, tackles, plant all transport for labour

materials and plant necessary for proper carrying on execution and

completion of the work to the satisfaction of the Architects.

1.7.3 OFFICE ACCOMMODATION

The concessionaire shall provide erect and maintain wherever

directed, simple watertight office accommodation for the foreman

and the Resident Engineer. This accommodation shall be well lighted

and ventilated and provided with windows and doors with a lock

and a telephone. The Resident Engineer’s works office shall be

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minimum of 100Sq.fts. and shall have a desk chair and drawers for

keeping drawing and back board for displaying drawings. The

accommodation is to be demolished as and when directed by the

Architect.

1.7.4 SECURITY

The concessionaire shall make his own security arrangements to

guard the site and premises at all times ,at his own expense. The

securities arrangements shall be adequate to maintain strict control

on the movements of the material and labour. The concessionaire

shall extend the securities arrangement to guard the material stored

and/or fixed on the premises of the sub contractors

1.7.5 STORAGE OF MATERIALS

The concessionaire shall provide erect and maintain proper sheds for

the storage and protection of the materials and also of the execution

of the work, which may be prepared on the site

1.7.6 SANITARY CONVENIENCES

The concessionaire shall provide and erect all necessary sanitary

convenience for the site staff and the workmen, Maintain in clean

orderly conditions and clean and deodorize the ground after

removal

1.7.7 TELEPHONE

The concessionaire shall provide a separate telephone for the works

and shall pay all charges in connection with the same during the

execution of the work

1.7.8 SCAFFOLDING, STAGING, GUARDRAILS

The concessionaire shall provide scaffolding staging guard rails

temporary stairs which shall be required during constructions. The

supports for the scaffoldings ,staging guardrails and the temporary

stairs shall be strong adequate for the particular situations. The

temporary access to the various parts of the project under

constructions shall be rigid and strong and strong enough to avoid

any chance of mishaps. The arrangement proposed shall be subject

to the approval of the Architects.

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The concessionaire shall erect a temporary barricade of GI sheets

along the boundary of the project and keep the site covered till the

completion of the project.

1.8 WATER & ELECTRICITY FOR CONSTRUCTIONS

The concessionaire shall make on his own provision of water for

construction purpose and electric service at the point indicated in

the site plan, the concessionaire shall pay for all fees in connection

with such services and shall pay the supply authorities for all water &

electricity used prior to the completion of the work. The contractor

shall also provide any temporary service piping and taps as required

for his use on the work and remove the same on completion

1.9 MATERIAL AND WORKMANSHIP

1.9.1 All material and the workmanship shall be as per the relevant code

of the I.S.I. specifications and of the approved type and the

concessionaire shall immediately remove from the works any material

and/or workman ship which in the opinion of the Architect are

defective or unsuitable and shall substitute proper materials at his

cost. The term approval used in connection with clause shall mean

the approval of the architect

1.9.2 The concessionaire shall if required submit satisfactory evidence as

to the kind and the quality of material. Where special makes or

brands are called for they are mentioned as a standard. Others of

equal quality may be used provided approval is first obtained in

writing from the Architect. Unless substitutions are requested no

deviation from the specification will be permitted. Failure to propose

the substitution of any article within 10 days will be deemed sufficient

cause for the denial of the request for substitution.

1.9.3 The concessionaire shall indicate and submit evidence in writing of

those material or articles called for in the specifications that are not

obtainable for installation in the work within the time limits of the

contract. It shall be presumed that all materials are available and

obtainable, if not brought to the notice of Architect within 60 days

after the signing of the concession agreement.

1.9.4 All material shall be delivered so as to ensure a speedy and

uninterrupted progress of the work. Such material shall be stored so as

to cause no obstruction and so as to prevent overloading of any

portion of the structure and the concessionaire shall be entirely

responsible for damage or loss by weather or other cause

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1.9.5 Within 30 days after signing the contracts the concessionaire shall

submit for approval of the Architect a complete list of all the material

he and his sub contractors propose to use in the work of definite

brand or make which differ in any respect from those specified also

the particular brand of any article where more than one is specified

as a standard. He shall also list-out items not specifically mentioned in

the specifications but which are reasonably inferred and necessary

for the completion of the work

1.10 DEFECTS

1.10.1 The concessionaire shall make good at his own cost and to the

satisfaction of the Architect all defects shrinkages or small defects

fault arising in the opinion of the Architect from works or material

not being in accordance wit the drawings or specification or the

instructions of the Architect which may appear within “defects

liabilities period” as under from the date of handling over the

project to AMC.

� 3 years for pipe leakages

� 5 years for structural defect

� 7 years for water proofing

1.10.2 Such defects shrinkages shall upon directions in writing of the

Architect and within such reasonable time as shall be specified

therein be amended and made good by the concessionaire at his

own cost In case of default the AMC. may employ any competent

contractor to amend and make good such defects shrinkages

settlements and other faults and all damages loss and expenses

consequent thereon or incidental thereto shall be recoverable from

him by AMC upon the Architects certificate in writing. In event of

the concessionaire failing to do make necessary payments to the

AMC the same will be recovered from the security deposit. The

concessionaire is liable to make up the security deposit amount by

way of cash or securities to maintain the security deposit amount as

envisaged in the contract at all times.

1.10.3 Any defects shrinkage or other faults which may appear within the

“DEFECTS LIABILITY PERIOD” which are due to material and

workmanship not in accordance with this contract shall be

specified by the Architect in a schedule of defects which shall be

delivered to the concessionaire within 30 days prior to the expiration

of the said DEFECTS LIABILITY PERIOD. The concessionaire within a

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reasonable period after receipt of such schedule of defects,

shrinkages and other faults therein, shall make good these defects

at his cost, expense and charges, failing which AMC may employ

any competent contractor to amend and make good such defects

shrinkages settlements and other faults and all damages loss and

expenses consequent thereon or incidental thereto shall be

recoverable from him by AMC from the security deposit amount.

1.10.4 When in the opinion of the Architect any defects shrinkages or other

defaults which he may have required to be made good under the

sub-clause (2) and (3) of this condition have been made good he

shall issue a certificate to that effect and completion of making

good the defects shall be deemed for all the purpose of this

contract to have taken place on the day named in such

certificate. The AMC would release the security deposit amount of

the Concessionaire based on the recommendation in this

certificate.

1.11 LABOUR

The concessionaire shall employ no child labour under 14 years of

age on the work. If female labour is engaged the concessionaire

shall make necessary arrangements for safeguarding small children,

provide cradles for infants and keeping them clear of the site of

operations. No labourer shall reside within the compound except

the authorized security personnel.

1.12 PROTECTION AND CLEANING

1.12.1 The concessionaire shall protect and preserve the work from all

damage or accident by providing any temporary roof windows

and doors covering boxing or other construction as required by the

Architect/ Engineer. This protection shall be provided for all property

adjacent to the site as well as on the site.

1.12.2 The concessionaire shall properly clean the work as it progress and

shall remove all rubbish and debris from the site from time to time as

is necessary and as directed. On completion the concessionaire

shall ensure that the premises and /or site are cleaned of surplus

material, debris, sheds etc. The concessionaire shall take all efforts

so as to have the area cleared so that the whole project is left fit for

immediate occupation or use and to the satisfaction of the

Architect.

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1.13 TOLERANCE

The concessionaire shall exercise every care to ensure that all

structural members are sufficiently plum and true to the dimensions

called for on the drawings to receive prefabricated finishing

elements such as doors, windows, cabinets work, ceramic work,

concrete tiles etc. Any variations may require rectification in the

structural members or may involve remaking or replacing the

finishing elements fabricated to fit into the openings or spaces as

called for on the drawings.

1.14 ARCHITECTURAL DRAWINGS.

Any suggestion regarding the architectural planning & detailings will

be welcome but will not be compulsory on the Architect & Architects

decision will be final.

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SCOPE OF WORK FOR THE PROJECT

GENERAL SPECIFICATIONS 1 R.C.C. FRAMED STRUCTURE WITH STEEL & CEMENT CONCRETE FOOTINGS,

COLUMNS,BEAMS,SLABS ETC.

2 ALL WALLS 0.23 M. THK. BRICK MASONARY.

3 INTERNAL SMOOTH NEERU FINISH PLASTER IN CEMENT MORTER.

4 EXTERNAL DOUBLE COAT SAND FACED CEMENT PLASTER.

5 THREE TRACK ALUMINIUM WINDOWS WITH MOSQUITO PROOF NET.

6 CEMENT CONCRETE DOOR FRAMES WITH WATERPROOF PLYWOOD FLUSH SHUTTER.

7 FOR TOILET DOORS - SINTEX TYPE DOOR SHUTTER.

8 FOR ALL SHOPS & OFFICES - VETRIFIED TILES FLOORING.

9 FOR ALL CORRIDORS AT INFRONT OF SHOPS GRINITE TILES FLOORING.

10 FOR ALL CORRIDORS AT INFRONT OF OFFICE KOTHA STONE TILES FLOORING WITH

MIRROR POLISH.

11 FOR STAIRCASE APPROACHING TO SHOPPING AREA GRINITE STONE

TREADS & RISERS.

12 FOR STAIRCASE APPROACHING TO OFFICE AREA KOTHA STONE

TREADS & RISERS.

13 CONCRETE BLOCK PAVING FOR RAMPS, APPROCHING TO PARKING & PARKING AREA

& PASSAGE BETWEEN THE VEGITABLE OTTAS & FOUR WHEELAR PARKING.

14 FOR VEGITABLE OTTAS, GRAY MOSAIC TILES FLOORING.

15 FOR PASSAGES AT OFFICE FLOORS UP TO HEIGHT OF 1.50 MT., CERAMIC TILE DADO.

16 FOR TOILET BLOCK AREA UP TO HEIGHT OF 1.50 MT., CERAMIC TILE DADO.

17 FOR OFFICE AREA STAIRCASE & PASSAGES, M.S. RAILING.

18 FOR COMMERCIAL AREA & SHOPS STAIRCASE, STAINLESS STEEL RAILING.

19 CONCRETE BLOCK PAVING IN THE OPEN AREA INFRONT OF SHOOPING AREA.

20 G.E.POLYCORBONET SHEET ROOFING FOR OPEN TO SKY CHOWKS OF OFFICE FLOORES.

21 STRUCTURAL GLAZING FOR FRONT AND SIDE FAÇADE OF THE STRUCTURE WITH

ALLUMINIUM PANNELING.

22 OIL BOND DISTEMPER PAINT FOR SHOPS & OFFICES INTERNALLY.

23 ASIAN PAINT EXTERIOR GRADE EMULSION APEX PAINT FOR EXTERIOR OF THE

BUILDING.

24 16 GUAGE ROLLING SHUTTERS FOR SHOPS.

25 LIFT SHAFT & LIFT MASHINE ROOM SIZES & DETAILS SHOULD BE AS PER THE

MANUFACTURE'S SPECIFICATION OF APPROVED MAKE COMPANY FOR 6 PERSON'S USE.

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Name Of Work Description

General Scope Of

Work.

PART A Commercial area of the shopping center on ground,first,second & third

floor

PART-B Vegetable market

PART-C Shops at lower ground and upper ground floor for tenants specified by

A.M.C.at the specified rates in VOL.-I(4.1.33)

parts of the

complex.

Parking Two wheeler & four wheeler parking at basement floor and side

marginal spaces.

Vegetable

market.

There are @70 nos of vegetable market ottas. Each otta is having

storage space below it with M.S.Grill gate. It is approachable from the

side lanes of the plot & is placed behind the shopping plaza.

Commercial

offices premises.

The second part of the complex is shopping area which consists of

SHOWROOS/OFFICES

All the commercial spaces are at ground,first,second & third floor level.

Shopping

plaza.

The showroom premises is having separate lift & staircase from parking

floor to all commercial floors so as to avoid conjuction because of the

shopping plaza at common spaces.

Two wheeler parking is provided at Basement floor with ramp

approaching towards it from backside marginal space..

Four wheeler parking is provided at ground level in the marginal space.

The work will have to be carried out as per standard specification book

volume I & I I (edition 1981) & public works department handbook.

All the work should be executed as per the detail plan & drawings given

by the architects. All the material used should be of approved quality

with all necessary test report.

The Anti Termite treatment is a chemical barrier between building & the

natural soil. The natural soil contains the colonies of termites hence the

natural soil is to be treated by the recognized chemical. For R.C.C.

foundation the treatment shall be upto depth of 500mm below ground

on. For the plinth filling the bottom & top surface of murum filling should

be treated at rate of 9 lit/sqm.

D.P. shall be provided for the project, as per the M.S.E.B.guidelines and

norms.

The Compound wall as per design .

90

SPECIFICATIONS OF THE PROJECT

DETAIL SCOPE OF WORK.

There are four floors of Shopping plaza in complex. Each floor consists of

exclusive shopping area.

Ground floor = two showrooms.

First floor = 3 nos. showrooms/offices .

Second floor = 3 nos. showrooms/offices .

Third floor = 2.00 nos. showrooms/offices .

The excavation for the foundation & footing should be done upto the

hard strata as approved by the architect. The length of each sector is

varying and is to be worked as per the detail drawing.

The concrete used in this structure should be of M 20 grade with all

ingredients tested and approved as per the detail specifications, given

by the architect. The cement use for the concreting should be of 53

grades of L & T, or Rajeshree ,Birla super, the contractor has to

produce the bills & test reports for the same to the committee.

The H.Y.S.D. used should be of integrated steel plant of Fe 415 grade,

the contractor has to produce the bills & test certificates for the same to

the AMC.

The concreting should be as per the design given by the R.C.C.

designer. All the R.C.C. items such as footings, column, beams, lintel,

chajjah, waist slab, slab, folded steps, coping, pardi, etc. are to be

provided with formwork, compacting, covering newly laid concrete by

plastic or tarpaulin, curing and roughening the same if special finish is to

be provided .

The cement mortar plaster is considered for rendering uneven and

honeycombed surface only. (Wooden planks /shuttering will not be

allowed).

The M.S. truss for the open to sky chowk roof should be according to the

structural design with concrete foundation & foundation bolts as per the

detail drawing. Structural steel work in trusses, other similar trussed

purloins and members with all bracing, gusset plates etc. as per detailed

designs and drawings or as directed including cutting, fabricating,

hoisting, erecting, fixing in position, making riveted/ bolted/ welded

connections and one coat of anticorrosive paint and over it 2 coats of

oil painting of approved quality and shade complete.

Providing & fixing of G.E.Polycarbonate multywall 8 mm thick sheet

roofing including scaffolding if necessary & specially extruded

alluminium sections with EPDM rubber to provide leakproof joints.

Shopping

premises.

Internal cement plaster 12 mm thick in single coat in cement mortar 1:4

with neeru(make approved by the Architect)finish to concrete or brick

surfaces, in all positions including scaffolding and curing complete

91

External sand faced double coat ( texture approved by the Architect)

plaster in cement mortar using good quality approved sand, in all

positions including base coat of 15mm thick in C.M.1: 4 using

waterproofing compound at 1Kg/bag.

Flooring consist of the marble mosaic, rough shahabad, white glazed

tiles, polished kota , ceramic,granite tile,vetrified tile etc.

Doors single leaf panelled door with pressed steel sheet door frame of

size 60mm x105mm 1.25 mm.thick, shutter 35mm. Thick as per detailed

drawing consisting C.C.T.W. vertical styles and top rail 95mm and panel

with 12mm thick partical board including iron oxidized fixtures and

fastening and T.W. beading at junctions of panels inserted including 3

coats of oil painting complete

Windows of aluminum powder coated (specified thkness & coloured

by the Architect ) sliding/open able, with plain glass of approved quality

& thickness . The window sill is to be provided with kota sill of high polish

& round nosing. , All fixtures and fastenings etc complete..

The steel window of various sizes as per detailed drawings with welded

square bars 12mm at 10 cm center to center without hot dip zinc

coating without/ with ventilator including fabrication, glazing with non-

acetinic/plain/obscured glass panes of approved type and quality, all

fixtures and fastening.

Rolling steel shutter fabricated from 18 gauge steel slats with side guides,

bottom rail, brackets, door suspension shaft, housing box at the top

including mechanical gear operation arrangement and one coat of

read lead primer complete.

Collapsible steel gates in one/two leaves, with channel pickets, pivoted

flat bars, including top and bottom guides, rollers, stoppers, handles, all

fitting accessories, locking arrangement are to be provided as per the

drawings.

The sanitary work consist of the internal plumbing in GI pipe of C class as

per the given plans & instruction. The gully trap, nahani trap, salt glazed

stoneware pipes of 6” dia.. Kadappa both side polished partition shall

be provided. The wash hand basin, WC pan, urinals of Johnson /

Hindustan are to be provided. The bib stop tap of 15mm & 20mm of

approved make are to be provided as per detailed specifications.

All the works including minor changes in the drawings are to be done

as per the architect’s direction & material used should be of approved

quality & tested.

Separate Fire line is to be provided of 75mm dia at the washing place

at ground level at vegitable market section.

The provided line should be directly joint to the fire hose. The fire hose

out let points are to be provided at the shown position. The length of the

hose is 30m each.

Fire Outlets

All the work is to be carried as per the architects direction & detail plan.

92

G I. pipes of approved quality & make as per detailed specifications &

additional specifications with screwed sockets, joint, necessary

galvanized iron fitting such as sockets, back nuts, elbows, bends, tees,

reducers, enlargers, plugs, clamps etc. including necessary drilling hole

in walls, slabs etc. and remaking good the demolished portion to restore

the same in original condition neatly testing etc. complete as per the

given specification.

G.I. Pipe consists of different diameter of pipes for the different lines.(i.e.

150mm, 75mm,40mm,25mm) the laying of lines should be done as per

the detail plan for the external water supply. All the pipes are to be laid

under ground in the excavated trench of 150mm x 150mm as per the

architects direction

Plumbing &

sanitation.

Necessary chambers are to be provided as per the specified size and

at regular intervals & junction 90cm x 45 cm including 1:4:8 cement

concrete foundation 1:2:4 cement concrete channels half round

G.S.W.pipes, salt glazed stoneware intercepting trap with rodding pipe

set in 1:4:8 cement concrete block, Brick Masonry, plastering from inside

and outside, R.C.C. cover. With frame fixed in cement concrete. As per

the drawings. All material used shall be of approved quality as per the

specification.

Drainage

Rain water

drainage

The rainwater drainage is to be provided as per the detail plan for the

rainwater harvesting.

The excavation for the laying the pipes for the drainage should as per

the detail concrete pipes of I.S. NP.2 class in proper line, level and slope

including necessary collars, excavation, laying, fixing with collars in

cement mortar 1:1 and refilling the trench complete with conveying the

excavated material. As per architects direction and intercepting

chambers are to be provided at an regular interval & junction of

specified size.

The intercepting chambers are to be provided of (90cm x 45 cm)

including 1:4:8 cement concrete foundation 1:2:4 cement concrete

channels half round, salt glazed stoneware intercepting trap with

rodding pipe set in 1:4:8 cement concrete block, Brick Masonry,

plastering from inside and outside, R.C.C. cover. With frame fixed in

cement concrete at regular interval.

All material used shall be of approved quality as per the specification.

Electrical

All the material used should of approved quality as per detailed

electrical layout supplied by the architect..

The Internal electrical work for the vegetable market & shopping &

offices premises.

1. The shops shall have of one fan, two tubes, two plug points each,

one point in the passage,

Arrangement

for common

passages &

corridors of

shopping &

offices

premises.

2. The showrooms/offices consist of four fans, six tubes, five plug points

each, and three-lamp point & one point outside in the passage.

93

3.The entrance foyer consists of three-tubes & lamp point at each mid

landing of staircase.

The passage is to be provided with tubes at 4 m center to center .

All the material use should be of approved quality & make as per the

direction of the architect.

The erection of the D.P. should be,As per the site located on the

electrical layout & as per the detail requirements given the architects

electrical consultantsThe capacity of the DP. Should as per the given

load & structure should as per the MSEB requirements. All the material

used should be of approved quality. The foundation for the DP structure

should be of concrete with erection of the poles, the area should be

fenced with the chain link fencing with support of the angle at 2.5m

center to center with proper excess to the DP with gate. As directed by

the architects.

Compound wall. The compound wall as shown in the detail plan

The excavation for the compound wall foundation should be up to the

hard strata as specified by the architects. The concrete of M20 grade is

to be used with all necessary testing of the material The specification of

the compound wall are as follows,

The foundation is made up of U.C.R. in foundation upto plinth & in super

structure also with solid concrete block masonry pillars at regular interval

for expansion joint with coping in M15 grade of concrete & HYSD

reinforcement, external sand faced plaster to coping & pillars. Over

coping M..S. guard bars, Chain Link is to be provided as per the detail

drawing

Parking Area at Lower Ground floor lvl.

Parking Area at ground floor lvl.

Common passages at ground floor lvl in vegetable market premises .

Ramp ,

Parking &

common

passages in

between

vegetable

market ottas.

All the above stated areas are to be paved with 80 mm thk factory

made hydraulically pressed,mechanically vibrated and compacted

precast inter locking cement concrete paving blocks in M-10 grade or

flooring tiles specially made for parking and common speces of public

utilities of approved size ,make & quality by the architect.

lifts There are two lifts provides in the complex one at the front foyer and

second at backside with staircase of approved size ,make & quality by

the architect.

94

: SPECIFICATION FOR PROJECT :

Name of Project : Development of 2124 SQM vegetable market & shopping centre at

C.T.S..No.208 at Nehru Market,Chitale Road,,Ahmednagar. on Finance Built &Transfer basis .

Note :- Reference given for the specification are from standard specification book 1981 Vol. I & II, published

by the Govt. of MAHARASTRA ( P.W. & H.) Dep't. And shall be applied completely with the respective

addition & alteration & modification in the respective item. The numbers are indicative and any other

specification from the book of standard specification will be entirely applicable and binding on the contractor if

so directed by Architect - in - charge. Items are inclusive of all leads and lift required for completion of the

work satisfactorily.

Sr.

No. Item Description

Std. Specification

no. Additional Specification.

1

Excavation for foundation in earth,

soil of all types, sand, gravel and soft murum, includes removing the

excavated material up to a distance of

50m. Beyond the building area and

stacking and spreading as directed,

dewatering, preparing the bed for the

foundation and necessary backfilling,

ramming, watering including shoring

and strutting etc.(D.S.R – Page no- 7

Item no-1)

Bd - A - 1 P. 259

A) The sizes of excavation ( length,

width, depth ) shown on drawing are

probable and may vary in actual

execution. The contractor is not

entitled to claim extra payments for

changes in sizes of excavation.

B) The decision regarding strata

classification will be taken by the

Architects and shall be final.

2

Excavation for foundation in hard

murum and boulders including

removing the excavated material up to

a distance of 50m. Beyond the building

area and stacking and spreading as

directed, dewatering, preparing the bed

for the foundation and necessary

backfilling, ramming, watering

including shoring and strutting

etc.(D.S.R – Page no- 7 Item no-2)

Bd - A - 2 P. 259

A) The sizes of excavation ( length,

width, depth ) shown on drawing are

probable and may vary in actual

execution. The contractor is not

entitled to claim extra payments for

changes in sizes of excavation.

B) The decision regarding strata

classification will be taken by the

Architects and shall be final.

3

Providing structural steel work in

trusses, other similar trussed purloins

and members with all bracing, gusset

plates etc. as per detailed designs and

drawings or as directed including

cutting, fabricating, hoisting, erecting,

fixing in position, making riveted/

bolted/ welded connections and one

coat of anticorrosive paint and over it 2

coats of oil painting of approved

quality and shade complete.(D.S.R-

Page No 11 Item no 4)

Bd - C - 8 P. 278.

Over open to skychowk as per

detailed drawings issued by Architect

in charge.

95

4

Providing and laying in situ, cement

concrete M-20/ 1:2:4 of

trap/granite/quartzite/gneiss metal for

foundation and bedding including

bailing –out water manually, formwork,

compacting, covering newly laid

concrete by gunny bag, plastic or

tarpaulin, curing etc.

complete.(Wooden planks/ shuttering

will not be allowed). (D.S.R- Page

No15 Item No 1)

Bd-E-1-

Pg.No.287/I.S.

456:2000

The work shall be carried out as per

the direction of Architects

5


concrete M-10/ 1:3:6 of








will not be allowed) (D.S.R- Page

No15 Item No 2)

Bd-E-1-

Pg.No.287/I.S.

456:2000



6


concrete in 1:4:8 of








will not be allowed)(D.S.R- Page No15

Item No 3)

Bd-E-1-Pg.No.287 The work shall be carried out as per


7


concrete of M-20 grade of


R.C.C. work in foundation like raft,

grillages, strips, foundation and footing of R.C.C. column and steel

stanchions including bailing-out water

manually, formwork, compacting,

covering newly laid concrete by gunny

bag, plastic or tarpaulin, curing and

roughening the if special finish is to be

provided (excluding reinforcement, and

structural steel) The cement mortar 1:

plaster is consider for rendering uneven

and honeycombed surface only.(

wooden planks /shuttering will not be

allowed).D.S.R- Page No17 Item No 1)

Bd - F - 2, P. 298, IS

: 456 - 2000

A) All materialare to be tested and

design mix should be obtain from

Govt or Government approved

laboratary before starting of work as

directed by the architects.

B) Grade of concrete shall be M - 20

by design mix. C)

Sampiling and testing shall comply

with specification No B - 7 (3) / P.

No. 38 and revelant specification No.

B- 6(12) / P. No. 37 from standard

specification.

.

96

8

Providing and casting in situ, cement



R.C.C. columns as per detailed designs

and drawings or as directed including

centering, formwork of plywood /steel,

compaction, covering newly laid


tarpaulin, finishing the formed surface

with cement mortar 1:3 of sufficient

minimum thickness to give a smooth

and even surface or roughening if

special finish is to be provided and

curing etc. complete. (Excluding

reinforcement) The cement mortar 1:3

plaster is consider for rendering uneven

and honeycombed surface

only.(wooden planks/shuttering will not

be allowed) (D.S.R.- Page No 17 Item

No 2)

Bd - F - 5, P. 300, IS

: 456 - 2000.







by design mix. C)





specification.

.

9




R.C.C. beams and lintels as per

detailed designs and drawings or as

directed including centering, formwork

of plywood /steel, compaction,


bag, plastic or tarpaulin, finishing the

form surface with cement mortar 1:3 of

sufficient minimum thickness to give a

smooth and even surface or roughening

if special finish is to be provided and


reinforcement.) The cement mortar 1:3

a plaster is considered for rendering

uneven and honeycombed surface only.

(Wooden planks/ shuttering will not be

allowed.).(D.S.R- Page No18 Item No

3)

Bd - F - 6, P. 300, IS

: 456 - 2000







by design mix. C)





specification.

97

10




R.C.C slabs and landing as per

detailed designs and drawings or as

directed including centering, formwork

of plywood /steel, compaction,


bag, plastic or tarpaulin, finishing the

form surface with cement mortar 1:3 of






plasters is considered for rendering



allowed.) (D.S.R- Page No19 Item No

5)

Bd - F- 8, P. 302, IS :

456 - 2000.







by design mix. C)





specification.

D) No wooden props shall be

allowed. E) The finishing of formed surface of

cement mortar 1:3 is considered only

by making of honeycomded irregular

surface of concrete.

11




R.C.C chajja as per detailed designs





tarpaulin, finishing the form surface










allowed.) (D.S.R- Page No19 Item No

7)

Bd - F - 9 P.

303/I.S.456:2000







by design mix. C)





specification.

98

12




R.C.C canopy as per detailed designs












plasters is considered for rendering



allowed.) (D.S.R- Page No 20 Item No

8)

Bd-F-10-Pg.No.304/I

S 456-2000







by design mix. C)





specification.

13




R.C.C pardi up to 150 mm thickness

as per detailed designs and drawings or

as directed including centering,

formwork of plywood /steel,














9)

Bd - F - 11, P. 304,

IS : 456 - 2000







by design mix. C)





specification.

99

14




R.C.C coping to plinth or parapet

and sills of doors and windows moulded as per detailed designs and

drawings or as directed including















10)

Bd - F - 12, P. 304,

IS : 456 - 2000







by design mix. C)





specification.

15




R.C.C waist slabs as per detailed

designs and drawings or as directed

including centering, formwork of

plywood /steel, compaction, covering

newly laid concrete by gunny bag,

plastic or tarpaulin, finishing the form

surface with cement mortar 1:3 of










11)

Bd - F - 13, P. 305,

IS : 456 - 2000







by design mix. C)





specification.

D) No wooden props shall be

allowed.

E) The finishing of formed surface of

cement mortar 1:3 is considered only

by making of honeycomded irregular

surface of concrete.

100

16

Providing and fixing in position mild

steel/HYSD bar reinforcement of

various diameter for R.C.C. Pile caps,

footings foundations, slabs, beams,

columns, canopies, staircase, newels,

chajjas, lintels, pardis, coping, fins,

arches etc. as per detailed designs,

drawings and schedules including

cutting, bending, hooking the bars,

binding with wires or tack welding and

supporting as required

complete.(D.S.R-Page No 23 Item No

15)

Bd - F - 17, P. 306 &

revelant part of

HYSD IS : 1786 -

1985.

A) The work shall be carried out as

per direction of architects B) The

payement shall be made on per Metric

ton instead of per quintal as specified

in the specification book.

C) The recipt of the steel purchase

shall be submitted to the department

for the records.

D) Only HYSD bars to be used.

E)Reinforcement must be as per RCC

drawings issued by Architect. &

should be verified & checked by

Architect &/ RCC designer.

17

Filling in plinth and floors with

contractor’s material approved by

Engineer-in –charge in 15cm to 20 cm.

layers including watering and

compaction complete. (D.S.R- Page No

9 Item No 8)

Bd - A - 11 P. 263 /

264

Only approved material shall be used

for filling.

18

Providing dry trap/granite/quartzite/

gneiss ruble stone soling 15 cm to 20

cm thick including hand packing and

compacting complete. (D.S.R-Page

No9 Item No 9)

Bd - A - 12 P. 264. Only approved material shall be used

for filling.

19

Providing Brick masonry in cement

mortar 1:6 using second class burnt

bricks in foundation and plinth of

inner walls /in plinth of external walls

including bailing-out water manually,

striking joints on unexposed faces and

watering complete.( D.S.R- Page No 47

Item no 1)

Bd - G - 1, P. 313.

A) The testing of the bricks shall be

done as per prescribed at Got. Or

Govt. approved laboratary only.

B) The testing charges shall be paid

by the contractor. C) One

set of 15 bricks to be tested for each

5000 consignments for ( I ) water.

Absorption, ( II ) crushing strength in

dry and wet condition.

D) The cement moprtar proportation

to be used for brick work shall be 1:6

as per wording of item.

E) The over all dim. of bricks should

be 75 X 100 X 230 mm.

101

20



bricks in superstructure including

striking joints, raking out joints.

Watering and scaffolding complete.

(D.S.R- Page No 47 Item No 3)

Bd - G - 5, P. 315.














be 75 X 100 X 230 mm.

21



bricks in half brick thick wall

including mild steel longitudinal

reinforcement of 2 bars of 6mm

diameter / 2 hoop iron strips 25mm x

1.6 mm at every third course properly

bent and bounded at ends scaffolding,

raking out joints and watering

complete. (D.S.R- Page No 48 Item No

6)

Bd - G - 7, P. 316.














be 75 X 100 X 230 mm.

22



bricks including scaffolding raking

joints and watering in pillar of

rectangular or curved shapes as shown

in the drawing.(D.S.R- Page No 48

Item No 8)

Bd - G - 10, P. 318.














be 75 X 100 X 230 mm.

102

23

Providing uncoursed rubble masonry

of trap/granite/ quartzite/ gneiss stones

in cement mortar 1:6 in foundation

and plinth of inner walls/ in plinth of

external walls including bailing- out

water manually, striking joints on

unexposed faces and watering

complete. (D.S.R-Page No 53 Item No

1)

Bd - H - 1, P. 329. Only Approved material should be

used as directed by the Architects

24

Providing cement based water

proofing treatment to terrace (India

water proofing or alike) with brick bats

laid in required slope to drain the water

for any span after cleaning the base

surface, applying a coat of cement

slurry and mixed with approved water

proofing compound and laying the

brick bats on bottom layer of cm 1:5

and mixed with approved water

proofing compound, filling up to half

depth of brick bats, curing this layer for

3 days, applying cement slurry over this

layer, joining of brick bats with c.m.

1:3 and mixed with approved water

proofing compound, and finally top

finishing with average 20 mm thick

layer of same mortar including

finishing the surface smooth with

cement slurry mixed with approved

water proofing compound , making the

finished surface with false squars of

300 mm x300mm, making the junctions

at the parapets rounded and tapered

towards top for required height with

drip mould at the junction of plaster

and curing etc, complete.( D.S.R- Page

No 57 Item No 2)

As directed by the

Architects.

A) The work shall be carried out as

per the direction of the architects in

charge.

B) 7 (seven ) year garanree shall be

furinished on stamp paper duely

executed before magistrate.

C) For this item full bricks of

standard size shall be brought as per

the standard specoification as lay

down in the item then those approved

shall be broken suitabely in pices

making brick bat coba as mentioned

in according as per the specification.

103

25

Providing waterproofing treatment to

floors and sanitary blocks (India

waterproofing or alike) consisting of

one layer of B.B.coba of 5 cm to 7.5

cm thick in cement mortar 1:2

sandwiched between two layers of

cement mortar 1:4, 20 mm thick mixed

with water proofing compound, top

finishing coat of cement slurry 6 to 12

mm thick with water proofing

compound etc. complete with 32mm

dia. PVC pressure relief pipe of

adequate length including

waterproofing treatment to 30 cm

height of wall in cement mortar 1:4.


_As directed by

Architects.

(A)The work shall be carried out as

per direction of engineer-in-charge.

(B) 7(seven) year guarantee shall be

furnished on stamp paper duely

executed before magistrate.© for this

item full bricks of standard size shall

be brought as per standard

specification as laid down in item

then these approved shall be broken

suitability in piece making brick bat

coba as mentioned in accordance as

per specifications.

26

Providing water proof bedding for

flooring of Bath and WC 25 mm thick

in C.M. 1:3 including using 1Kg of

water proof compound per bag of

cement with 7 years guarantee on court

fee stamp of Rs.100 with ponding test

including leveling, curing etc.

complete. (D.S.R- Page No 58 Item No

4)

_As directed by

Architects.












per specifications.

27

Providing water proofing treatment

using polymerized water proofing

compound to the virgin slab in 3 coats

including material and labour etc. with

7 years guarantee on court fee stamp of

Rs.100 with ponding test including

leveling, curing etc. complete. (D.S.R-

Page No 58 Item No 5)

_As directed by

Architects.












per specifications.

28

Providing internal cement plaster 12

mm thick in single coat in cement

mortar 1:4 without neeru finish to

concrete or brick surfaces, in all

positions including scaffolding and

curing complete. (D.S.R- Page No 73

Item No 5)

Bd - L - 2, P. 368.

(A) The thickness of cement plaster

excluding neeru finish shall be 12mm.

(B) The proportion of cement to sand

is 1:4 be value.

104

29

Providing sand faced plaster

externally in cement mortar using

kharasaila/ kasaba or similar type of

sand, in all positions including base

coat of 15mm thick in C.M.1: 4 using

waterproofing compound at 1Kg. Per

cement bag, curing the same for not

less than 3 days and keeping the surface

of the base coat rough to receive the

sand faced treatment 6 to 8 mm thick in

C.M. 1:4 finishing the surface by taking

out grains and curing for fourteen days,

scaffolding etc. complete. (D.S.R- Page

No75 Item No 14)

Bd - L - 7, P. 369.


excluding any layer shall be 15mm.


is 1:4 be value.

30

Providing Neeru finish to plastered

surfaces in a all positions except

ceiling including scaffolding and curing


13)

Bd - L - 10 P. 370 The work shall be carried out as per


31

Providing and fixing about 30 cm width

chicken mesh of 22 gauge of approved

quality over joints of R.C.C. member

and brick wall including fixing of

mesh, necessary nailing, drilling, tying

etc. complete as directed. (D.S.R-Page

No 76 Item No 25)

_As directed by

Architects.



32

Providing groove near R.C.C.

member and brick wall including

finishing etc. complete as directed by

Engineer in charge. (D.S.R- Page No

77 Item No 26)

As directed by

Architects.



33

Providing patta on plastered surface

12mm to 15 mm thick in c.m. 1:3 in

line and level including neat finishing,

scaffolding, curing etc.complete.

(D.S.R-Page No 79 Item No 1)

_As directed by

Architects.


excluding any layer shall be 6mm.


is 1:4 be value.

34

Providing and laying 25mm to 30mm

thick rough shahabad stone flooring

and of required width in plain /

diamond pattern on a bed of 1:6 C.M.

including cement float, striking joints,

pointing in cement mortar 1:3, curing

and cleaning etc. complete. (D.S.R.-


Bd - M - 1 P. 379

(A). The bedding below flooring shall

be provided if required in lime mortar

1:1 1/2 as mentioned in relevant

specification. (B). All the stone slabs

shall be square or rectangular in shape

and as per direction Architects or

maximum in length and width.

105

35

Providing and laying polished

shahabad stone flooring 25mm to

30mm thick and of required width in

plain/ diamond pattern on a bed of 1:6

C.M. including cement float, filling

joints, with neat cement slurry, curing,

polishing and cleaning complete.

D.S.R- Page No 79 Item No 2)

Bd - M - 3 P. 380


be prrovided if required in cement

mortar 1:6 as mentioned in relevant





36

Providing and laying polished Kotah

stone flooring 25mm to 30mm thick

and of required width in plain/ diamond

pattern on a bed of 1:6 C.M. including

cement float, filling joints, with neat

cement slurry, curing, polishing and

cleaning complete. (D.S.R- Page No 80

Item No 6)

Bd - M - 3 P. 380








37

Providing and laying vetrified tile

flooring 8mm to 10mm thick and of

required width in plain/ diamond



coloured cement slurry, curing,


Special item.

as per architects

specification.








38

Providing and laying vetrified tile

skirting 8mm to 10mm thick and of

required width in plain/ diamond



coloured cement slurry, curing,


Special item.

as per architects

specification.


be prrovided if required in lime

cement 1:6 as mentioned in relevant





39

Providing and fixing ceramic tiles of

approved quality, colour and 200 X 300

mm in size, 7 mm thick for flooring in

required position laid on a bed of 1:4

cement mortar including cement float,

filling joints with white/ colour cement

slurry, cleaning, curing complete.


_As directed by

Architects.




specification. B) Tiles used must be

of first quality & make amongst 1)

Bell 2) Nitco only.

106

40

Providing and fixing ceramic tiles of

approved quality, colour and 200 X 300

mm in size, 7 mm thick for dado &

skirting in required position laid on a

bed of 1:4 cement mortar including

cement float, filling joints with white/

colour cement slurry, cleaning, curing


38)

_As directed by

Architects.




specification. B) Tiles used must be

of first quality & make amongst 1)

Bell 2) Nitco only.

41

Providing and laying gray cement base

marble mosaic tiles 25 cm x 25 cm of

approved colour and pattern with white

and coloured marble chips up to the

maximum size 6mm for flooring in

required position set on a bed of 1:6

cement mortar /1:11/2 lime mortar

including neat cement float, filling

joints with neat coloured cement slurry,

curing, polishing and rubbing


18)

Bd - M - 14 P. 386




specification.

42

Providing and fixing in required

position skirting and dado of polished

Kotah stone slabs 25mm to30 mm

thick and of required width on 1:4

cement plaster/ 1:2 lime plaster

including cement float, filling joints

with cement slurry, curing, rubbing,

polishing and cleaning


31)

Bd - M - 5 P. 381








43

Providing and fixing white glazed tiles

148.5mm x 148.5mm in size and about

5 to 6 mm for dado and skirting in

required positions on plaster of 1:4

cement mortar (Excluding all specials

required like round edge tiles, corner

tiles, angles, cups etc.) Filling joints

with white cement slurry, curing and

cleaning complete. (D.S.R-Page No 85

Item No 34)

Bd - M - 13 P. 386 Except that the size of tiles shall be as

specified in the wording of the item.

107

44

Providing and fixing coloured glazed

tiles 200mm x 300 mm in size and

about 5.5 to 6.6 mm for dado and

skirting in required positions on plaster

of 1:4 cement mortar (Excluding all

specials required like round edge tiles,

corner tiles, angles, cups etc.) Filling

joints with white cement slurry with

matching colour, curing and cleaning


35)

Bd - M - 13 P. 386 Except that the size of tiles shall be as

specified in the wording of the item.

45

Providing and laying polished Kotah

Stone slabs 20mm to 25mm thick for

treads and risers of steps and

staircases, with rounded nosing for the

treads on a bed of 1:4 cement mortar


with neat cement slurry, curing,



Bd - M - 22 P. 390

(A). The work shall be carried out as

per direction of Architects .(B). The

quality & colour of stone shall be get

approved from the Architects

46

Providing and laying polished Granite

Stone slabs 20mm to 25mm thick for

treads and risers of steps and

staircases, with rounded nosing for the

treads on a bed of 1:4 cement mortar





Bd - M - 22 P. 390





47

Providing and laying polished Granite

Stone tiles 8mm to 10mm thick for

flooring on a bed of 1:4 cement mortar




as per architects

specification.





108

48

Providing and fixing 60 mm thick

factory made, hydraulically pressed,

mechanically vibrated and compacted

precast inter- locking cement concrete

paving blocks in M-10 grade of

approved size and shape as specified,

50 mm in grey cement and top surface

10 mm in white cement with coloured

pigment including cost of all materials,

manufacturing, curing, transportation of

blocks to work-site including loading,

unloading and stacking as directed,

laying paving blocks in position over

prepared bed of sand of 50 mm

thickness including necessary

excavation in all stratas, spreading

blindage of fine sand over the prepared

bed, compacting blocks by plate

vibrator etc. complete. (Prior

permission of S.E. shall be obtained

before inclusion of this item in the

estimate) Spec. No.: As directed by

Engineer in charge.(D.S.R-Page No 90

Item No 58)

as per architects

specification.



quality & colour of concrete blocks

shall be got approved from the

Architects

49

Providing and applying oil bound

distemper of approved colour and

shade to old and new surfaces in two

coats including scaffolding, preparing

the surfaces. (Excluding the primer

coat) complete. (D.S.R-Page No 98

Item No 11)

Bd - P - 5 P. 413


per direction of Architects .(B). Oil

bond paint shall be of standard

manufaturer amongst 1) Ashian

paints 2) Nerolac paints and shall be

got approved before use.

50

Providing and applying matt finished

exterior grade emulsion coating in two

coats ( Ashian paints -APEX paint

)and of approved shade to the plastered

surfaces including scaffolding if

necessary, including primer coat

cleaning and preparing the surface,

watering for two days etc. complete.

Bd - O - 8 P. 406


per direction of Architects .(B). Apex

paint of Ashian paints and shall be

got approved before use.

109

51

Providing and fixing single leaf

panelled door with pressed steel sheet

door frame of size 60mm x105mm and

1.25 mm. Thick, shutter 35mm. Thick

as per detailed drawing consisting

C.C.T.W. vertical styles and top rail

95mm and panel with 12mm thick

partical board including iron oxidized

fixtures and fastening and T.W.

beading at junctions of panels inserted

including 3 coats of oil painting

complete. (D.S.R-Page No114 Item No

25)

_As directed by

Architects.

(A). The teakwood shall be good

quality and shall be free from defects

wraps,knots,cups etc.(B). The quality

of teakwood shall be approved from

Architects and compitene authority of

the forest department be dully

certified before applying primer or

any other paint and before use on

work. (C). The workmanship shall be

good and smooth finish.(D). The

work shall be carried out as per

Engineer-in-charge

52

Providing and fixing collapsible steel

gates in two leaves, with channel

pickets, pivoted flat bars, including top

and bottom guides, rollers, stoppers,

handles, all fitting accessories, locking

arrangement and one coat of red lead

primer complete. (D.S.R-Page No 118

Item No 37)

Bd - 57 - P. 511



quality shall be got approved from

the Architects (C ) Roller for

collapsible gate must be at top level.

53

Providing and fixing rolling steel

shutter fabricated from 18 gauge steel

laths with side guides, bottom rail,

brackets, door suspension shaft,

housing box at the top including

mechanical gear operation arrangement

and one coat of read lead primer


36)

Bd - T - 56 P. 511




the Architects

54

Providing and fixing in position

structural glazing work at front

façade of building using Zindal

powder coated alluminium 16 G

thk.section with

_As directed by

Architects.


per direction of Architects .(B).

Aluminium selection shall be from

zindal manufacture.

55

Providing and fixing in position

alluminium composite panneling

work at front façade of building using

Zindal powder coated alluminium 16

G thk.section with all acessaries &

fixtures etc.complete.

_As directed by

Architects.



Aluminium selection shall be from

zindal manufacture.

110

56

Providing and fixing steel window of

various sizes as per detailed drawings

with welded square bars 12mm at 10

cm center to center without hot dip zinc

coating without/ with ventilator

including fabrication, glazing with non-

acetinic/plain/obscured glass panes of

approved type and quality, all fixtures

and fastenings without teakwood

boxing, and architraves and finishing

with one coat of primer complete.


Bd - T - 53 P. 509




the Architects

57

Providing and fixing steel ventilator

fully glazed partly top hung and partly

fixed as per detailed drawings, without

hot dip zinc coating including

fabrication, glazing with 3mm thick

plain/ obscured glass panes of approved

type and quality and fastenings without

teak wood boxing, architecture and oil

painting in two coats etc.

complete.(D.S.R.-Page No 122 Item No

48)

_As directed by

Architects.




the Architects

58

Supplying and fixing in position

alluminium extruded section three

track sliding window upto 1.2 m

height outer frame made from section

of overall size 62 x 45mm, bottom

section with or without drain, track

section weighing 0.90 Kg per meter and

top and side sections made of 19mm x

40 mm size having average weight of

0.6 Kg. per running meter with 5.5 mm

thick selected quality plain sheet glass

fixed with new neoprene gasket

shutters to be provided with nylon

encased stainless roller, necessary locks

and handles etc. complete.(D.S.R-Page

No 123 Item No 53)

_As directed by

Architects.



Aluminium section sizes shall be as

per the architects drawings and

alluminium sections should be of

'ZINDAL' make.

59

Providing and fixing mild steel grill

work weighing 15 Kg/ sqm. For

windows, ventilator etc. as per drawing

including fixtures, necessary welding

and painting with one coats of anti

corrosive paint and two coats of oil

painting complete. (D.S.R-Page No141

Item No 1)

Bd - U - 1 P. 537



quality of steeel shall be got

approved from the Architects.

111

60


railing weighing 30 Kg/sqm. With teak

wood hand rail of size 75mm x 60mm

and sill of 75mm x 25mm and newel

posts for staircases, including

fabricating, fixtures, erecting, painting

the grill work with one coat of

anticorrosive paint and two coats of oil

painting with approved colour and

polishing the sill, hand rail and the

newel post with French polish. (D.S.R-


Bd - U - 2 P.537





61

Providing and fixing stainless steel

railing using S.S. 304 grade of pipe

hand rail of size 75mm dia.( 14 Guage

1.115 Kg / Rft) .20 mm dia (14 Guage

0.256 Kg / Rft.) 15 mm dia (14

Guage 0.157 Kg / Rft.), including

fabricating, fixtures, erecting, polishing

the job to matt finish with organ

welding and etc.complete.

_As directed by

Architects.


per detailed drawings issued by

Architects .(B). The quality of steeel

shall be got approved from the

Architects.

62

Providing and laying in trenches

medium grade having embossed ISI

Mark 15 mm diameter galvanized iron

pipes with screwed sockets, joint,

necessary galvanized iron fitting such

as sockets, back nuts, elbows, bends,

tees, reducers, enlargers, plugs, clamps

etc. including necessary drilling hole in

walls, slabs etc. and remaking good the

demolished portion to restore the same

in original condition neatly, testing etc.


7)

Bd - V - 5 P. 551


per direction of Architects .(B). G.I.

Pipe shall be B Class & shall be of

1)Zenith 2) Tata 3) Swastik make

only.

63













7)

Bd - V - 5 P. 551





only.

112

64












complete (D.S.R-Page No 145 Item No

7)

Bd - V - 5 P. 551





only.

65












complete (D.S.R-Page No 145 Item No

6)

Bd - V - 5 P. 551





only.

66

Providing and fixing 15 mm diameter

screw down bib / stop tap of brass CP. including necessary socket union

nut, testing etc. complete. (D.S.R- Page

No 147 Item No 11)

Bd - V - 8 P. 554


direction of Architects The make of

the tap should be either 1) Swaraj 2)

Metro 3 ) Plumber.

67

Providing and fixing 25 mm diameter

screw down bib / stop tap of brass including necessary socket union nut,

testing etc. complete. (D.S.R- Page No

147 Item No 11)

Bd - V - 8 P. 554




Metro 3 ) Plumber.

68

Providing and fixing 15 mm dia.ball

valve of SS ball with teflon of brass

CP including necessary sockets/ union

nut, testing etc. complete.

Bd - V - 8 P. 554




Metro 3 ) Plumber.

69

Providing and fixing 25 mm dia.ball

valve of SS ball with teflon of brass

CP including necessary sockets/ union

nut, testing etc. complete.

Bd - V - 9 P. 555




Metro 3 ) Plumber.

113

70

Providing and fixing 25 mm dia.

Concussion push button type

brass/gun metal self closing tap

including necessary sockets/ union nut,

testing etc. complete. (D.S.R-Page No

1448Item No 15)

Bd - V - 14 P. 557



the tap should be either 1) Sheetal

71

Providing and fixing first class white

glazed earthenware “Orissa type” wc

pan 600 x400mm size including ‘ p’ or

‘s’ trap UPVC soil and vent pipe upto

the outside face of the wall 1:5:10

cement concrete bedding, 10 lit. fibre

/high level flushing cistern with

fittings, inlet pipe with stop tap, bracket

for fixing the cistern, 32 mm dia.

UPVC flush pipe with fitting and

clamps, 20 mm dia. UPVC overflow

pipe with mosquito proof coupling,

chain and pulley, painting of the

exposed pipe and cutting and making

good walls and floors, testing etc.

complete. (D.S.R.-Page No 150 Item

No 20)

_As directed by

Architects.

A). The Orissa pan and other

accessories shall be of make

Parryware / Hindware and shall be

got approved from ARCHITECTS.

All the spacings, fitting &

Hidden,jointing, work like p/s trap

junction between and the SWR pipes

leading to the outside face of the

building should be shown to Architcts

before silling the sunk portion of

W.C. Block. The joints should be the

minimum between P/s traps to the

pipe. the sunken portion with all pipes

and bottom shall be applied with

polymerised epoxy water profing and

perforated pvc outlet outside the wall

shall be provided at least 45 Cm.

beyond the wall after giving proper

slope to the bottom of slab so that any

leakage from the flooring shall be put

out from this extra outlet.(B) The size

of Orissa type W.C. pan shall be as

mentioned in wording of

items.(C)The item shall be executed

as per relevant specification as

mentioned except Indian type W.C.

pan only orissa type with attached

foot rest W.C. pan as mentioned in

the item shall be provided.

72

Providing and fixing half turn 25mm

dia. Gun metal flushing cock

including all accessories etc

complete.(D.S.R-Page No153 Item No

29)

_As directed by

Architects.



the tap should be either 1) Sheetal

73

Providing and fixing white glazed

earthenware full stall type urinal without cistern, stop tap with inlet

pipes and 32 mm dia. UPVC flush pipe,

with fitting and flushing arrangement

including UPVC soil pipe, UPVC trap

and soil pipe connection upto the

outside face of the wall, making good

to damaged surface testing etc.


30)

Bd - V - 23 P. 562


per direction of Architects.(B). The

Sample shall be got approved from

Architect. Where the urinals are fixed

in row they shall be placed in centre

to centre at least 75cm to ensure

comfort when urinals are used. The

centre line of last urinals shall be kept

at least 40cm from the adjacent wall. (

C ) Urinals shall be of make

Parryware / Hindware

114

74

Providing 25/30mm thick partitions of

polished black kadappa stone slab of

approved shape, quality and colour for

urinals, including cutting holes of

required sizes in the appropriate places

to receive pipes etc. fixing in cement

mortar 1.3 curing and cleaning

complete. (D.S.R –Page No 15 Item No

38)

Bd - M - 35 P. 393

(A) One sample of kadappa stone

shall be approved from Architects

before use. ( B ) Double polished

kadappa stone with champer &

polish edges etc. as directed by

Architect.

75

Providing and fixing coloured glazed

earthenware wash hand basin with

UPVC bottle trap size 55 x40 cm

including pillar tap, brackets, rubber

plugs and brass chain, stop tap and

necessary pipe connections including

UPVC waste pipe and trap upto the

outside face of the wall making good

damagsurfaces, testingetc.complete.

(D.S.R-Page No 156 Item No40)

Bd - AV- 30 P. 565



work shall be got approved from

Architects. Where the basin are fixed

in rows they shall be placed in centre

to centre at least 75cm to ensure

comfort when basin are used. The

centre line of last basin shall be kept

at least 40cm from the adjacent wall. (

C ) Wash Basins shall be of make

Parryware / Hindware

76

Providing and fixing 450mm x 550 mm

size approved quality mirror with

fixtures and fastening etc. complete.


_As directed by

Architects.

For Modi guard make mirror

Alluminiun beading & leaping shall

be provided all around the glass

77

Providing and fixing P.V.C. long arm

Nahani Trap of 10 cm diameter

including PVC grating, bend and

connecting piece of UPVC pipes upto

the outside face of the walls making

good damaged surface, testing etc.

complete. Spec. No. : Bd.V.32 Page

No. 567 and as directed by Engineer in

charge).

Bd - V - 32 P. 567


per direction of Architects .(B).length

of the outlet of the nahani trap shall

be so long that it shall come out of the

wall and there should be no joints in

between the wall.© The nahani trap

shall be provided of 10cm with long

arm. ( C ) Nhani trap should be of

Supreem / Kisan / Prince make

only.

115

78

Providing and fixing 110 mm dia

UPVC soil / vent / waste / SWR

pipe/rain water pipes of required

diameter conforming to I.S.-13592, and

I.S.- 4985 to withstand continuous

internal hydraulic pressure of 2.5 kg /

cm2 including necessary fixtures and

fittings, such as bends, tees, single

junctions, double junctions and joining

with rubber rings and lubricants, on

wall by means of clips or in ground

including necessary excavation, laying

refilling, trench testing etc. complete.

(Prior approval of sample and brand by

Exe. Engineer is necessary before use.)

Spec. No.: D.S.R-Page No 160 Item

No 55-i.

Bd - V - 32 P. 567


per direction of Architects .(B). Pipes

should be of Supreem / Kisan /

Prince make only.

79

Providing and fixing 75 mm &110 mm

diameter UPVC soil / vent / waste

SWR pipe of required diameter

conforming to IS-13592, and IS-4985

to withstand continuous internal

hydraulic pressure of 4 kg / cm2

including necessary fixtures and

fittings, such as bends, tees, single

junctions, double junctions and joining

with rubber rings and lubricants, on

wall by means of clips or in ground

including necessary excavation, laying

refilling, trench testing etc. complete.

(Prior approval of sample and brand by

Ex. Engineer is necessary before use)

Spec. No.: D.S.R-Page No 159 Item No

55-i..&iii.

Bd - V - 35 P. 570 /

I.S. 3989 - 1984.


per direction of Architects .(B). Pipes

should be of Supreem / Kisan /

Prince make only.

80

Providing and fixing 15cm x 10 cm salt

glazed stoneware gully trap in cement

concrete 1:4:8 outside the building

including connecting glazed stoneware

pipe, brick masonry chamber with

R.C.C lid and symet grating for the

gully trap testing etc. complete.( D.S.R-


Bd - V- 38 P. 572

The R.C.C. lid shall be used instead

of C.I. Lids as specified in standard

specification.

81

Providing and laying concrete pipes

of I.S. NP.2 class in proper line, level

and slope including necessary collars,

excavation, laying, fixing with collars

in cement mortar 1:1 and refilling the

trench complete.(D.S.R-Page No 161

Item No 59)300 MM DIA.

Bd - V- 41 P. 573 (A). The work shall be carried out as

per direction of Architects.

116

82

Providing and constructing Brick

Masonry Inspection chamber 60cm x

45 cm including 1:4:8 cement concrete

foundation 1:2:4 cement concrete

channels half round G.S.W.pipes, Brick

Masonry, plastering from inside and

airtight 75 mm thick R.C.C. cover.

With R.C.C. raft in B.C. soil area

including cost of reinforcement.

Complete. (D.S.R-Page No161 Item No

57)

Bd - V- 43 P. 574

The R.C.C.cover ( Heavy Duty ) shall

be used instead of C.I. Lids as

specified in standard

specification.(B). The work shall be

carried as per the direction of

Architects. C). The size of inspection

chambers shall be as per wording of

items and shall be measured

internally between faces of mansonry.

83

Providing and constructing Brick

Masonry Inspection chamber 90cm x

45 cm including 1:4:8 cement concrete

foundation 1:2:4 cement concrete

channels half round G.S.W.pipes, Brick

Masonry, plastering from inside and

airtight 75 mm thick R.C.C. cover.

With R.C.C. raft in B.C. soil area

including cost of reinforcement.

Complete. (D.S.R-Page No161 Item No

58)

Bd - V- 43 P. 574

The R.C.C.cover ( Heavy Duty ) shall

be used instead of C.I. Lids as

specified in standard

specification.(B). The work shall be

carried as per the direction of

Architects. C). The size of inspection

chambers shall be as per wording of

items and shall be measured

internally between faces of mansonry.

84

Providing exhaustive anti-termite

treatment to the sides of flooring by

injecting 1% of chlorodane emulsion

concentrate at the rate of 50 per hole of

6mm dia. drilled at a distance of 30 cm

c/c and sealing the same with proper

filling with two years guarantee.


IS 6313 (Part III) Of

1971



85

Providing exhaustive anti-termite

treatment around the periphery by

excavating trenches of 20 cm. width

and exposing the sides of columns and

plinth beams upto a depth of 300 mm

by erecting 1% of chlorodane emulsion

concentrate at the rate of 2.25 ltr/Rmt

with years guarantee. (D.S.R-Page No

186 Item No 63)

IS 6313 (Part III) Of

1971



86

Providing anti- termite treatment for

foundation and plinth by treating soil

and back filling material in immediate

contact of foundation by spreading

0.5% emulsion concentrate with the

insecticide like chlorodane as

heptachor, chlordane or as specified in

I.S 6313 (part 2&3) 1981 at the rate of

5 lit/sqm including all material, labour

equipments etc. complete.(D.S.R-Page

IS 6313 (Part II &

III) Of 1981



117

No 186 Item No 64)

87


gate with frame having weight of 30

Kg/sqm as per detailed drawing

including hinges, pivot blocks locking

arrangement welding rivetting and 3

coats of oil painting of approved shade

etc. complete. (D.S.R-Page No182 Item

No 67)

Bd - W - 6. 585



quality of steel shall be got approved

from the Architects.

88

Providing and erecting chain link

fencing 1.6 M. height with G.I. chain

link of size 50 x 50 mm 8 gauge thick

and fixed 75 mm above Ground level

vertical M.S. Angle of 40 x 40 x 6 mm

size embedded in C.C. block of 1:4:8

mix of size 450 x 450 x 670 mm at 1.75

M.c/c with iron bar 16 mm dia. as hold

fast including welding link with angle

frame at 30 cm c/c nuts and bolts and

horizontal M.S.Angle at top and bottom

of 25 x25 x5 mm size and vertical M.S.

flat 35 x 5mm and 25 x 5mm horizontal

including cross support of 40 x 40

x6mm angles both sides at every corner

or bends embedded in concrete blocks

of 1:4:8 of size 450 x 450 x 670 mm

including 3 coats of oil painting etc.


68)

_As directed by

Architects.



quality of Chain link & steeel shall be

got approved from the Architects.

89

Providing & fixing of G.E.

polycorbonate sheet 8mm thick multi

wall sheet roofing over open to sky

chowk using with specially extruded

alluminium sect. with EPDM rubber to

provide .leak proof joints, including

scaffolding if necessary all iron works.

(As directed by the architects)

_As directed by

Architects.

special specifications as per the

manufacturer & verified by the

architect.

118

90

Providing & errecting Elevator of

Ottis/kinetic make or approved make for 6 persons .

_As directed by

Architects.

special specifications as per the

manufacturer & verified by the

architect.

91

Providing and fixing foundation bolt of

16mm dia for m.s column foundation

etc. complete. ( as per rate analysis )

_As directed by

Architects.





119

ANNEXURE -II SPECIFICATION FOR MAINTENANCE

As per the maintenance Manual Issued by the AMC

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