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DSIIDC i
Schedules to Concession Agreement
TABLE OF CONTENTS
1 SITE OF THE PROJECT, LIST OF MANDATORY PROJECTS 1
1.1 The Site 1
1.2 Site layout 2
1.3 Master Plan 3
1.4 Project Brief 3
1.5 MANDATORY CAPITAL PROJECTS (COMMON INFRASTRUCTURE AND UTILITIES) 4
1.6 INFRASTRUCTURE Assets 4
2 SCOPE OF WORK 7
2.A ROAD, SIGNAGE & STORM WATER DRAINAGE 7
I. Up-gradation Works 7
II. Maintenance of the Existing Road Network 8
2.B WATER SUPPLY 9
I. Up-gradation Works 9
II. Operation & Maintenance 10
2.C EFFLUENT CONVEYANCE NETWORK & TREATMENT SYSTEM (SEWERAGE SYSTEM) 10
I. Up-gradation Works 10
II. Routine & Periodic Maintenance 11
2.D MUNICIPAL SOLID WASTE 12
I. Up-gradation Works 12
II. Routine Operation and Maintenance 12
2.E PARKING 13
I. Up-gradation Works 13
II. Routine Operation and Maintenance 13
2.F HORTICULTURE (PARKS, GREEN & OPEN AREAS) 13
I. Up-gradation Works 13
II. Routine Maintenance 14
2.G STREET LIGHTING 14
I. Up-gradation Works 14
II. Routine Maintenance 14
2.H MISCELLANEOUS 15
I. Up-gradation Works 15
II. Routine Maintenance 15
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13 Annuity 194
14 Escrow Account 195
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Bawana Industrial Area is spread over an area of 778.18 Ha out of which 53.22% is under
industrial use. Bawana is located 23 Km in North-West of Delhi and comes in urban extension
Zone ‘N’ of Delhi, Zone N is Bounded by Western Yamuna Canal on North-East, Rohtak Railway
line in South, 100M wide road in south east and Haryana state boundary on west & north
west.
A detailed land use distribution for the estate is given in Table below.
Table: Land use Distribution in Bawana Industrial Estate
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The development of Bawana Industrial Area was entrusted to DSIIDC by the GNCTD in 1999.
The objective of developing this Industrial estate was to provide a modern industrial estate to
the industries with all requisite infrastructures. It also provided a planned industrial setup with
appropriate infrastructure for the relocation of non-conforming industries. DSIIDC developed
Bawana Industrial Area with all requisite infrastructure and faculties. With the advent of time
and use of infrastructure facilities/assets, the condition today is not state of the art and is
deteriorating with the time. In order to overcome such situation and developing a sustainable
framework for industrial areas management, DSIIDC is now actively seeking private sector
efficiencies in managing all infrastructure assets and the area as a whole through this Project.
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The details of infrastructure assets, as given below, are indicative only. An inventory of all the
Infrastructure Assets including the land, buildings, structures, road works and any other
immovable property on, or attached to, shall be prepared by Third Party Engineer in
consultation with the Concessionaire and DSIIDC. Such a list prepared by the Third Party
Engineer shall be final and binding on the Parties.
1.6.A (i) Roads
Road Type Right of Length Total Area Carriageway Carriageway
Way (M) (Sqm) Width Area
(M) (M) (Sqm)
Master Plan Roads
R -1 80 1710 136800 35.5 60705
R -2 60 6240 374400 31 193440
R -3 40 6500 260000 22 143000
TOTAL (Master Plan 14450 771200 397145
Roads)
Sector & Cluster Roads
R-4 24 11720 281280 15 175800
R-5 18 24270 436860 12.5 303375
R-6 15 31620 474300 7.5 237150
R-7 12 54890 658680 5.5 301895
TOTAL (Sector & 122500 1851120 1018220
Cluster Roads)
Cycle Tracks
R -8 20 1980 39600 4 7920
R-9 18 5880 105840 4 23520
TOTAL (Cycle Tracks) 7860 145440 31440
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i. Source
DJB Supply and Tube wells (12 Nos. with yield of 650 LPM of each)
ii. Supply & Distribution Network
S. No. Diameter (mm) Material Length (M)
1. 100 DI 61182
2. 150 DI 60585
3. 200 DI 10447
4. 250 DI 6500
5. 300 DI 3868
6. 400 DI 1298
7. 500 DI 95
8. 600 DI 79
9. 700 DI 77
10. 900 DI 69
iii. Storage
S. No. Capacity (in Million Litres) Location Type
1. 2.50 Sector 2 Underground Reservoir
2. 5.60 Sector 3 Underground Reservoir
3. 3.25 Sector 5 Underground Reservoir
1.6.C Sewerage
i. Conveyance Network
S. No. Diameter Material Length (M)
1. 250 mm RCC NP2 108200
2. 250 mm RCC NP3 3200
3. 300 mm RCC NP3 15000
4. 350 mm RCC NP3 2810
5. 400 mm RCC NP3 1700
6. 450 mm RCC NP3 4500
7. 600 mm RCC NP3 2200
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1.6.E Parking
Available designated Parking Plots: 56 Nos. (Area: 38,657 Sqm)
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2 Scope of Work
Without prejudice to the other provisions of this Agreement, the Schedules and any approved
document, the Concessionaire will always have the responsibility for regular and periodic
maintenance for each Project Facility in accordance with Good Industry Practice and shall
implement them in accordance with the Applicable laws and the Master Plan of the Industrial
Estate as approved by DSIIDC.
I. Up-gradation Works
The concessionaire shall be responsible for up-gradation of roads, signage, storm water
drainage and cross drainage works which includes but is not limited to:
- Rehabilitation and strengthening, relaying of damaged roads including master plan roads,
service roads, sector and cluster roads, cycle tracks. (Road Area 2,67,000 sqm.), as per
minimum specifications outlined in Annexure 1 to Schedule 3.A(i) and arranging approval
of Competent Authorities (if any).
- Painting lines, dashes, arrows etc. with hot applied thermoplastic compound including
reflectorising glass beads, on roads for demarcation at site of lanes, rotary, junctions,
traffic directions, object approach marking, pedestrian crossings etc. and for traffic control
purposes as per adequacy and instructions received from engineer in-charge / TPE.
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The concessionaire shall be responsible for Maintenance and upkeep of roads, signage, storm
water drainage and cross drainage works which includes but is not limited to:
- The concessionaire is required to maintain the entire road network including master plan
roads, service roads, sector and cluster roads, cycle tracks, footpaths, kerbstones,
roundabouts, parapets, soft-earth landscape, arboriculture and all damaged cross drainage
structures (minor bridges/culverts) etc. that fall within the ROW within the boundary of
the Industrial estate as per design and specifications defined in the schedule for the entire
concession period.
- The concessionaire is required to take appropriate action for minimising disruption to
traffic in the event of accidents or other incidents affecting the safety and use of the roads
by providing a rapid and effective response and maintaining liaison with emergency
services of the competent authority
- The Concessionaire’s responsibility for rescue operations on the roads shall be limited to
an initial response to any particular incident until such time that the competent authority
takes charge and shall include prompt removal of vehicles or debris or any other
obstruction, which may endanger or interrupt the smooth flow of traffic and provision of
medical first aid to victims of the accidents or other incidents.
- Routine maintenance is inclusive of but not limited to
- Upkeep of road pavements including master plan roads, service roads, sector and
cluster roads, cycle tracks etc. and side shoulders including lane painting / marking,
kerb and pedestrian pathway repair ensuring safe, smooth and uninterrupted flow of
traffic on the roads during normal operating conditions
- Upkeep of roadside storm-water drains system, including edge repair & de-silting.
- Upkeep of footpaths, kerbstones, roundabouts, parapets, soft-earth landscape,
arboriculture and cross drainage structures which are parts of the road network
system.
- Upkeep of signage and other traffic aids & furniture in good shape and condition.
- Maintenance of RWH structures.
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I. Up-gradation Works
The concessionaire shall be responsible for up-gradation and operationalisation of the water
supply system which includes but is not limited to:
- Installation of Chlorination Plant for water supply based on sources other than DJB supply.
- Rehabilitation of existing storage reservoirs by necessary civil and mechanical repairs,
cleaning etc.
- Procuring, Transport, Receipt, Unloading and safe-keeping all the plants and machinery,
equipment, materials and other things required for the construction / repair / regular
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maintenance works of the complete water supply system and related works in the
industrial estate.
- The concessionaire shall maintain the entire water supply network, pumps, motors and
pump houses, storage reservoirs, treatment plant and ancillary civil works, etc. that are
necessary to operate a water supply system to maintain a continuous water supply for
industrial and domestic use of quality standards as prescribed by CPCB (IS:10500) within
the boundary of the Industrial estate as per design and specifications outlined in the
annexure to the schedule.
- The concessionaire shall obtain and keep records of all necessary permits, quality tests and
documents for non-stop and efficient operations of the water supply system.
I. Up-gradation Works
The concessionaire shall be responsible for up-gradation and operationalisation of the effluent
conveyance network and treatment system which includes but is not limited to:
- Up-gradation / Rehabilitation of conveyance system – approx 3% i.e. 4200 m within a
period of 12 months from the Appointed Date as per minimum specifications outlined in
Annexure 1 to Schedule 3.C(i) and arranging approval of Competent Authorities (if any).
S. NO. MATERIAL & PIPE DIAMETER (IN MM) LENGTH (M)
1. 250 mm NP2 3250
2. 250 mm NP3 100
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- Procuring, Transport, Receipt, Unloading, and safe keeping all the plants and machinery,
equipment, materials and other things required for the construction / repair / regular
maintenance works of the complete network of sewerage system and related works in the
industrial estate.
The concessionaire shall be responsible for maintenance and upkeep of the Effluent
Conveyance Network & Treatment System which includes but is not limited to:
- The concessionaire shall maintain the entire effluent network, SPS, CETP and ancillary
mechanical, electrical and civil works, etc. that are necessary to operate an efficient
effluent network system for industrial and domestic effluent generated within the
boundary of the Industrial estate, throughout the period of concession to constantly meet
the service standards outlined in Schedule 3.C(iii).
- The concessionaire shall obtain and keep records of all necessary permits, quality tests,
and documents for non-stop and efficient operations of the sewerage system.
a) Upkeep of all pumps, motors, valves, pipe lines, SPS, CETP etc.
b) Upkeep of all civil works associated with the conveyance network.
c) Maintaining necessary back up and reserves of plant / machinery, wherever
essential for ensuring smooth and efficient operations.
- Periodic Maintenance: It covers periodic rehabilitation of all components of conveyance
network, treatment and disposal system as per specifications and service standards
defined in the schedules and annexure.
- Emergency Maintenance
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I. Up-gradation Works
The concessionaire shall be responsible for setting up and operationalisation of solid waste
management system which includes but is not limited to:
- Daily door to door solid waste collection from all industrial plots, commercial areas &
kiosks within the Industrial Estate
- Cleaning & sweeping of roads (length: approx 137 Kms & RoW: 12 mts to 80 mts) & green /
open areas (237.25 acres)
- Scientific temporary storage, segregation & transportation to nearest MCD dhalao (4-5
Kms)
- Procuring, Transport, Receipt, Unloading and safe keeping all the plants and machinery,
equipment, materials and other things required for the construction / repair / regular
maintenance works of the complete solid waste system and related works in the industrial
estate.
- The concessionaire shall maintain the entire system that is necessary to operate and
maintain a continuous system for municipal solid waste by use of quality standards as
prescribed by CPCB within the boundary of the Industrial estate throughout the period of
concession to constantly meet the service standards outlined in Schedule 3.D(iii).
- Deputing and maintenance of adequate equipments, tricycles, vehicles etc. and manpower
for efficient management of the municipal solid waste
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2.E PARKING
I. Up-gradation Works
- Phased development of surface parking, adequate provision of lighting & security (Area:
38,657 sqm) including upgradation of the existing surface parking areas – designated off-
street and on-street, meeting minimum specifications outlined in Annexure 1 to Schedule
3.E(i) and arranging approval of Competent Authorities.
- Providing and fixing all directional and informational parking signage works as per
Specifications and with the instructions received from engineer in-charge / TPE.
- Providing and fixing adequate external lighting works as per the approved parking lot
layout meeting all minimum design and fixture specifications as given in Annexure 1 to
Schedule 3.E(i).
The concessionaire shall be responsible for maintenance and operations of organised surface
parking areas which includes but is not limited to:
- Operations and maintenance of the Parking areas including surface repairs, lighting
fixtures, footpaths, kerbstones, soft earth landscape and arboriculture meeting the
specifications and service level standards defined in the Schedule 3.E(iii).
- Deployment of adequate manpower or any other surveillance system ensuring the security
and safety in the parking areas.
I. Up-gradation Works
The concessionaire shall be responsible for development of all green areas, parks and
landscaped areas which includes but is not limited to:
- Landscaping and beautification of all parks (101 nos. of 106.25 acres) & green areas
(including green belt covering an area of 131 acres), the scope for which will include but
not be limited to nurseries, potted plants, lawns, beds, topiary and perennial beds,
rockers, creepers and climbers, shrubs, trees, and self grown trees, pergola & gazebo in
the specified areas, plantation and maintenance of ornamental plants and removal of
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rank vegetation and bushes etc. within the landscaped areas as defined in Section 4 of
concession agreement.
- Removal / Reuse of excess earth and other debris from the designated green areas to
create an usable public green space.
- Rehabilitation and repair of boundary walls of all the parks mentioned above.
- Providing and fixing external lighting works, meeting all minimum design and fixture
specifications as given in Annexure 1 to Schedule 3.F(i).
The concessionaire shall be responsible for maintenance and cleanliness of all green areas,
parks and landscaped areas which includes but is not limited to:
- Maintain regularly all designated green areas including horticulture, plantation, lawn
areas, civilworks, garden furniture, etc. to maintain the specified service level standards.
- Maintain the external lighting and irrigation system for the green areas with all necessary
replacement of mechanical, electrical and lighting components and fixtures as per the
minimum specifications given in the following Schedules.
- Collect and dispose off regularly all green litter, garbage and civil debris generated in each
designated green area to the nearest planned solid waste collection point in the industrial
estate.
- Deployment of adequate manpower for maintenance, cleanliness and security of all green
areas, parks and landscaped areas.
I. Up-gradation Works
The concessionaire shall be responsible for up-gradation of the street lighting system within
the industrial estate which includes but is not limited to:
- Providing and fixing adequate numbers of street lighting fixtures including associated
ancillary items and connecting to power source as per the instructions received from
engineer in-charge / TPE.
- Replacement of non functional / missing fixtures of the existing street lighting system so to
ensure efficient, adequete illumination of the Industrial Estate
The concessionaire shall be responsible for operation, maintenance and security of Street
Lighting System within the Industrial Estate which includes but is not limited to:
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- Regular O&M ensuring lighting of roads and common areas for 10 hrs per day including
replacement of fixtures as & when required and Payment of Energy Bills to applicable
DISCOMS.
- Daily switching operations (on/off) of lamp circuits through MCB controller as per timings
prescribed by Engineer in-charge / TPE.
- Periodic Maintenance including changing of fused light fixtures, painting of light poles to
ensure that adequate level of serviceability is maintained as per Schedule 3.G(iii).
- Special repairs as and when required and as per instructions received from Engineer in-
charge / TPE.
- Deployment of adequate manpower for operation and maintenance, and security of the
street lighting system within the Industrial Estate.
- The concessionaire shall maintain necessary backup and reserves of lighting poles, light
fixtures, and fittings and other electrical equipment wherever essential to ensure smooth
and efficient operations of street lighting system.
2.H MISCELLANEOUS
I. Up-gradation Works
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I. Procedure
A. The Codes, Standards and Technical Specifications applicable for the design,
construction and maintenance of project components are:
a) Indian Roads Congress (IRC) Codes and Standards.
b) Specifications for Road and Bridge Works, Ministry of Shipping, Road
Transport & Highways hereinafter referred to as MOSRTH Specifications.
c) Any other standards referred to in the Schedules and any supplement issued with
the bid document.
B. In the absence of specific provision on any particular issue in the aforesaid Codes or
Specifications read in conjunction with any Specifications and Standards issued with
the bid document the following Standards shall apply in order of priority:
a) Bureau of Indian Standards (BIS)
b) British Standards, or American Association of State Highway and Transportation
Officials (AASHTO) Standards, or American Society for Testing and Materials
(ASTM) Standards
c) Any other specifications / standards proposed by the Concessionaire
and reviewed by the engineer in-charge / TPE.
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D. The Concessionaire shall arrange for all the material requirements for the Project and
disposal of all material wastes as per municipal guidelines and in consultation with the
engineer in-charge / TPE. The Applicable Permits in this regard would have to be
obtained by the Concessionaire.
E. The Concessionaire shall draw up a comprehensive traffic management plan in
accordance with provisions of IRC SP 55 to ensure that the construction activities do
not disrupt the movement of existing traffic. Ingress / egress to all functional plots,
common facilities and to the Industrial Estate must be ensured; all traffic deviations
must be guided by road signs, markings, delineation and other appropriate means as
required for safe and efficient operation.
F. The Concessionaire shall take all measures to mitigate any disruptive effects of
construction such as noise, dust pollution, threat to the property and functioning of
the operating industries or any other disruption.
G. During the period of construction, the Concessionaire shall submit to the engineer in-
charge / TPE Monthly progress Report (for each calendar month or part thereof)
within 5 working days of the last day of the month. The report shall review the
progress made, identify slippages if any, and project the future activities to be
undertaken (including rectifications) and operations and maintenance activities
undertaken.
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I. General
A. The pavement condition and other data furnished by DSIIDC are based on
preliminary investigations. The Concessionaire shall undertake the necessary soil,
material and pavement investigations and traffic volume studies in accordance
with the good industry practice for preparing detailed designs.
B. The materials, mixes and construction practice shall meet the requirements prescribed
herein and MOSRTH Specifications / IRC Specifications, unless specified otherwise.
C. Where problematic conditions such as flooding, poor drainage, etc. are found to exist,
adequate measures shall be adopted to deal with such site conditions.
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K. Retro-Reflectorised Traffic Signage must be installed as per IRC:67. Road marking with
Hot Applied Thermoplastic Compound must be as per IRC: 35.
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V. Specifications of Materials
L. All works shall be carried out as per MOST Specifications. Specific details for major
items of works are given below.
I. Earthwork in Embankment: With approved Earth having minimum soaked CBR of
5% with compaction to achieve not less than 95% of MDD at OMC as per MOST
specification clause No. 305.
II. Earthwork in sub-grade: With approved earth having a minimum soaked CBR of 9%
with compaction to achieve not less than 97% of MDD at OMC as per MOST
specification clause No. 305.
III. General Sub-base: With granular material of sand, moorum, gravel, crushed stone
or combination thereof conforming to grading under Table 400.2 of MOST
specifications, with minimum CBR of 30% compacted to achieve not less than 98%
of MDD at OINK as per IS 2720 Part viii or as per MOST specification Clause No. 401.
IV. Wet Mix Macadam: With crushed graded stone aggregate and marine premixing
the material with water to OMC, laying with paver finisher or motor grader and
compaction to max dry density as per IS 2720 Part viii or as per MOST specification
Clause No. 406.
V. Water Bound Macadam: With stone aggregate of grading (63mm to 45mm size)
hand packed and rolled with 8-10 Tonne power roller and with Type B Mane
screening (11.2mm size) as binding material to fill up interstices of coarse aggregate
complete as per MOST Specification Clause No. 404.
VI. Bituminous Primer Coat: Over wet mix macadam as per MOST specification clause
No. 502.
VII. DBM specification as per MOST specifications clause No. 507
VIII. Bituminous Tack coat: At the rate of 2.50 to 3.00 Kg /110 Sq.m as per MOST
specification clause No. 503.
IX. BM specification as per Clause 504, MOST specification.
X. BC specification as per MOST specification Clause No. 509
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XI. Premix Carpet: With crushed graded stone aggregates as per MOST specification
clause No. 511,512.
XII. Seal coat: Provided over Premix Carpet as per MOST specification clause No. 513.
XIII. Kerbs: Precast or cast in situ with concrete of M20 (1:1:3) grade with cement - sand
mortar 1:3 as per MOST specification clause No. 4.
XIV. Lane painting: Painted over bituminous surface with ready mixed road marking
paint conforming to IS:164.
XV. Signage: Retro-reflectorised traffic signs as per IRC:67 made of encapsulated lens
type reflective sheeting as per clause No. 801.3.
XVI. Sourcing of all materials as well as compliance with environmental requirements
under the applicable laws in respect of all works to be executed under the
Concession Agreement shall be the sole responsibility of the concessionaire. All
materials, whether natural (such as earth, gravel, sand, aggregates, etc.), processed
(such as bituminous and concrete mixes), or manufactured (such as cement, steel,
bitumen, etc.) shall be incorporated in the work only if they are tested and found to
meet the requirements of this document or, in the absence of any provision herein,
conform to the best industry practice.
M. Natural materials
I. Physical requirements of earth, gravel, sand, and aggregates shall conform to the
requirements of the provisions of those clauses of MOST (Ministry of Surface
Transport) specifications as are relevant to the intended use of the materials.
II. Natural aggregates when crushed and blended for various uses, different size
fractions shall be proportioned to form grading conforming to those clauses of the
MOST specifications as are relevant to the intended use of the material. Where
clauses of the specifications provide more than one option, the option which
provides the closest grading shall be provided.
N. Processed materials
I. Fly ash: Fly ash to be used in embankment construction shall meet the
requirements specified in IRC: SP: 58.
II. Cement Concrete mixes: Concrete mixes, plain or reinforced, shall be design mixes,
designed in accordance with the provisions of IS: 456. Concrete of M20 grade or
higher shall be used for the project except for leveling course in foundation and dry
lean concrete for Cement concrete pavement where M15 grade concrete shall be
used. Specific requirements of the mixes (such as workability, water cement ratio,
use of admixtures, grades of cement and steel, minimum and maximum cement
content, ratios of 7 and 28 days strengths, etc) shall be a per those provisions of
MOST specifications as are relevant to the intended use of the concrete mix.
III. Bituminous mixes: Bituminous mixes shall be hot mix type and shall be designed in
accordance with Asphalt Institute Manual series MS 2 with the ingredients of the
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I. Road Works
A. The basic objectives of maintenance function are to maintain and operate the road
network in a manner such that
I. Comfort, convenience and safety are afforded to the Road users;
II. The investment in roadworks is preserved;
III. The aesthetics and compatability of the road network with the environment is
preserved;
IV. The necessary expenditure of resources is accomplished with continuing
emphasis on economy.
B. The concessionaire shall ensure that maintenance is of a preventive nature as opposed
to waiting until correction is required. Planned work of restorative nature
(maintenance, replacements or reconstruction) shall be the only reason for deferring
routine maintenance.
C. The Concessionaire shall comply with the O&M Requirements set out in this Schedule
and where required, reference to specifications set out in Construction Requirements.
D. The Concessionaire shall take appropriate measures to minimise traffic disruption on
the roads where maintenance works is underway.
E. During maintenance throughout the Concession Period, the Concessionaire shall ensure
that :
I. Adverse effects on the environment and to the owners and occupiers of property
adjoining the roads under maintenance are minimised;
II. Any situation which has arisen or likely to arise on account of any accident or
other emergency is responded to as quickly as possible and its adverse effects
controlled/ minimised;
III. Users are provided with adequate information and forewarning of any works
affecting the movement of traffic to and from their units of operations to enable
them to control/ minimise any adverse consequences by such works;
IV. A complaint register /online web portal to record grievances of any user of the
Industrial Estate in relation to the operations and maintenance of the road works
is duly maintained;
V. All materials used in the maintenance, repair and replacement of any component
pertaining to roadworks shall meet the Construction Requirements.
VI. The personnel assigned by the Concessionaire have the requisite qualifications
and experience and are given the training necessary to enable the Concessionaire
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1. All roads within Industrial Estate Monthly Before & after monsoons
the pavement width, leaving the other half for use by traffic. However, some times this
may not be possible and in such a case, maintenance work can be divided in the
following four categories from the point of view of safety and traffic control:
a) Repairing the edges of the carriageway, shoulders, cleaning out drains. cutting grass
etc., where carriageway is not effected.
b) Repairing the carriageway, restricted to one lane while traffic can be allowed on the
other lane.
c) While working on the centre line such as centre line marking/painting necessitating
the traffic to use restricted width on either side.
d) Total closure of the road necessitating use of diversion due to
widening/reconstruction of an existing CD work or construction of a new. structure
or due to breach or damage to existing road or CD works
I. Surface defects: Which include fatty surfaces. smooth surfaces. streaking and
hungry surfaces. These are associated with the surfacing layers and may be due to
excessive or deficient quantities of bitumen in these layers.
II. Cracks : Can be broadly classified as hair-line cracks. alligator cracks longitudinal
cracks, shrinkage cracks and reflection cracks. A common defect in bituminous
surface is the formation of cracks. The crack pattern can, in many cases, indicate
the cause of the defect As cracks are observed, it is 'necessary to study the pattern
in detail so as to arrive at the cause. Immediate remedial action should be taken
thereafter because of the danger of ingress of water through the cracks and of the
formation of pot holes and ravelling. Cracks can hardly be observed from moving
vehicles and inspection on foot is always desirable.
III. Deformation: Under this are grouped slippage. rutting. corrugations. shallow
depressions and settlements. and upheavals.
IV. Any change in the shape of the pavement from its original shape is a deformation. It
ma) be associated with slippage, rutting etc. The treatment measures aim at the
removal of the cause, and bringing it to the original level by fill material or by
removing the entire affected part and replacing it with new material,
V. Disintegration: Covering stripping: loss of aggregates, ravelling , formation of
potholes and edge breaking.
VI. There are some defects which if not rectified immediately result in the
disintegration of the pavement into small loose fragments. Disintegration. if not
arrested in the early stages, may necessitate complete rebuilding of the pavement.
J. The Concessionaire shall deploy adequate security staff at all times during the
Concession period.
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ii. Where drains have little or no scope or inadequate turnouts, water will stagnate and
weaken the pavement.
a) Inspection check list
i. Drains
a) Drain cross section destroyed – Pond formations in drain
b) Silting
c) Erosion
ii. Culverts
a) Silting, sanding, blockage of debris
b) Erosion at inlet and outlet
c) Settlement cracks
iii. Defects, causes and remedies
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The periodicity of inspections for maintenance activities by the Concessionaire shall be set out
in the O&M Manual and regular reports on the same shall be sent to the engineer in-charge /
TPE. Where required, the Concessionaire shall carry out any maintenance, repair or
rehabilitation works found necessary because of such inspections.
V. O & M Manual
A. The O&M Manual prepared by the Concessionaire in consultation with the engineer in-
charge / TPE shall set out the operations and maintenance standards and details of the
operations and maintenance activities to be undertaken during the Operations Period;
DSIIDC 33
Schedules to Concession Agreement
so that the Project Facilities shall at all, times conform to the Project Requirements.
- The O&M Manual shall have separate sections for operations and maintenance.
- The O&M Manual shall include without limitation the following aspects:
B. Organization structure with responsibilities of key personnel;
C. Safety Management Programme including the Emergency Response Protocol;
D. Inspection Procedures;
E. Maintenance Standards (including Maintenance Intervention Levels);
F. Maintenance Programme;
G. Management information system;
H. Report Formats.
VI. Miscellaneous
A. The Concessionaire shall maintain an inventory of all items comprised in the Project
Facilities (the "Inventory"), in a format to be developed in consultation with the
engineer in-charge / TPE.
B. Throughout the Concession Period, the Concessionaire shall keep the Inventory
updated to take account of works carried out on and other changes made to the Project
Facilities.
DSIIDC 34
Schedules to Concession Agreement
I. Roads
A. Surface
I. Roads shall be evenly surfaced.
II. Roads shall be free of potholes greater than 150 mm in diameter and/or depth.
III. The repair of roads damaged due to rain and natural calamities shall be the
responsibility of the Concessionaire.
IV. The roads shall be adequately sloped as per design specification in the direction
of storm water drains to avoid flooding on roads.
B. Footpaths
I. All the footpaths shall be properly maintained. There shall be no broken
footpaths. The surfaces shall be paved without gaps.
II. The footpaths shall be continuous and there shall be no breaks in them.
III. All upgraded roads shall have footpaths.
IV. Handicapped access shall be an integral part of footpath design
C. Landscaping
I. The trees planted as part of avenue landscape shall have clear depth of soil up
to 900 mm.
II. The trees shall be planted at an interval of 5000 mm-6000 mm center to center
or as per approved landscape plan.
III. All low height plantations shall be up to a height of 1000 mm maximum
wherever a clear unobstructed vision is required for the road.
IV. The pedestrian pathways shall not be less than 1200 mm in width.
V. The plantations shall be separated by a curb of 150 mm to protect plantations
from vehicular damage.
D. Lighting
I. The roads shall be adequately lit and minimum 90% of the lights shall be in
working condition at all times.
II. All lighting fixtures shall be put as per minimum illumination level required as
per design specifications.
DSIIDC 35
Schedules to Concession Agreement
III. Emergency lights shall be provided at critical points where safety is a concern to
avoid mishaps during power failures.
IV. Penalties
The non compliance to the above listed standards shall result in penalties as highlighted below:
DSIIDC 36
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DSIIDC 37
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Asset /
Project
Non Compliance Inspection Performance Emergency
Deliverables Penalty on not meeting the criteria Major Infraction
Parameter Parameter Target Measures
/ Service
Standards
Monetary Points
the flooded
zone. 3.
Desilting /
cleaning of
drains in
affected
area.
` 1000/Month for 3 months
98% of major 5
(1st quarter) of non existing
Road Road signs not Monthly roads junctions points/location/month
2 signage ; Rs 5000/Month for
Fixtures located /Complaint shall have proper for each month of non
4-6 months (2nd quarter) of
signage compliance
non existing of signage
Road signs not
maintained 90% of all signs
` 1000/Month for 3 months 5
(paint chipping, shall be clearly
Road (1st quarter) of non repair; ` points/location/month
3 not visible, Monthly visible and
Fixtures 5000/Month for 4-6 months for each month of non
inadequate readable as per
(2nd quarter) of non repair compliance
/ambiguous requirement.
information)
All drains shall be If 2 or more
free of clogging / occurrence
Monthly. silting at all times `5000/occurrence for one /week in normal
Overflow/
However in specially in month of non 15 Points /occurrence conditions & 3 or
Storm water flooding due to
4 Monsoons monsoons to compliance,`10,000/occurre for 1 month of non more
Drains clogging /
inspection to be ensure no nce beyond 1 month of non compliance occurrence/wee
blockage
done weekly overflowing in compliance k during
non monsoon monsoon is
period and in repeated in 3
DSIIDC 38
Schedules to Concession Agreement
Asset /
Project
Non Compliance Inspection Performance Emergency
Deliverables Penalty on not meeting the criteria Major Infraction
Parameter Parameter Target Measures
/ Service
Standards
Monetary Points
regular showers. consecutive
weeks
1.Sealing /
rerouting the
Immediate
source of
Monthly. application of
` 5000/Month/running meter flooding. 2.
However in emergency 25 points/month for
Storm water Damaged / for 1 months of non repair; ` Pumping out
5 Monsoons measures; each month of non
Drains caved in 10000/Month /running meter and disposal
inspection to be Complaint compliance
for 2-4 months of non repair of the storm
done weekly redressal within
water from
48 hrs of registry
the flooded
zone.
DSIIDC 39
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DSIIDC 40
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Quarterly penalty – Beyond the time of rectification, the concessionaire shall start accumulating points as specified in Column E (Performance
Target) in the table above. If the aggregate of the quarterly points reach beyond the threshold of 75 Points, the tota l points so accumulated go
to the “Annual penalty”; if the total points do not cross the threshold, these points lapse and there are no penalty points for the quarter.
Annual penalty – If the total quarterly penalty in each / any services crosses the ‘Quarter Threshold’ for that service, it is accumulated to an
Annual Penalty. Based on the criticality of infrastructure annual weightage is given to points thus accumulated. If the Annual Score exceeds the
sum of the weighted threshold scores EOD is invoked.
3. Major infraction system:
If the concessionaire breaches the major infraction point as specified in Column H, it becomes an event of default.
1
WS 50 50
0.5
Effluent 75 37.5
0.5
Roads & SWD 75 37.5
0.25
SWM/SL /P/H 100 25
SUM 300 150
DSIIDC 41
Schedules to Concession Agreement
I. Procedure
A. The Codes, Standards and Technical Specifications applicable for the design and
construction of project components are:
I. Design guidelines of CPHEEO manual,
II. IS Codes and Standards,
III. CPWD specification for construction of civil and allied works.
IV. Any other standards referred to in the annexure and any supplement issued with
the bid document.
B. In the absence of any specific provision on any particular issue in the aforesaid Codes or
Specifications read in conjunction with the Specifications and Standards contained in
this Manual, the following Standards should apply in order of priority:
I. Bureau of Indian Standards (BIS)
II. Any other specifications / standards proposed by the Concessionaire and
reviewed by the engineer in-charge / TPE.
III. The authority to give relaxation in specification/standard, to promote local practice,
shall rest with DSIIDC.
DSIIDC
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III. A broad method statement for key items setting out the methodology of
construction, materials and construction equipment mobilisation/ utilisation plans,
broad output calculations and details of the quality assurance and quality control
procedures.
IV. Format of the monthly report giving details of the physical progress in
implementation of the Project and operations and maintenance activities
undertaken (Monthly Progress Report).
B. Prior to commencement of any construction activity, the Concessionaire should also
finalise in consultation with the DSIID an operations and maintenance plan during the
Construction Period (“O & M Plan – Construction Period”) and which should, include
the following :
I. Safety management programme including an Emergency Response Protocol;
II. Environmental Management Plan;
III. Quality Assurance Plan;
C. Prior to commencement of construction, the Concessionaire should have:
I. Obtained all such Applicable Permits as are necessary to commence such works;
II. Finalised Construction Documents as necessary and the Construction Schedule;
III. Mobilised the requisite resources, personnel and organisation necessary for the
same and designated and appointed suitable officers/ representatives, as it may
deem appropriate with responsibility to supervise implementation of the Project
and for exchange of information with the DSIIDC.
IV. Finalised and approved quality assurance and quality control procedures to cover
all aspects of the work to ensure the desired quality.
V. Inform - likely to be affected plot owners, minimum 48 hours in advance, about
commencement of any construction work.
VI. Ensure connection of water, power etc for construction purpose by coordinating
with concerned authorities.
DSIIDC
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DSIIDC
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O. A copy of the results of tests conducted by the Concessionaire should be sent by the
Concessionaire to the engineer in-charge / TPE and the designated authority.
P. No part of the Construction Works should be covered up or put out of view before the
same has been examined by the engineer in-charge / TPE.
Q. Re-execution, of any or part of the Construction Works which in the opinion of the
engineer in-charge / TPE do not meet the standards set out in the Construction
Requirements;
R. The Concessionaire shall make boreholes or carry out exploratory excavation for the
Project.
S. The Concessionaire should arrange for all the material requirements for the Project and
disposal of all material wastes. The Applicable Permits in this regard would have to be
obtained by the Concessionaire. All excess and unsuitable excavated materials should
be piled at appropriate designated places and disposed of by the Concessionaire in
consultation with the engineer in-charge / TPE and the relevant municipal regulations.
T. The Concessionaire shall take all measures to mitigate any disruptive effects of
construction such as noise, dust pollution, threat to the property and functioning of the
operating industries or any other disruption.
DSIIDC
Schedules to Concession Agreement
Design, Construction, and Material Specifications for Water Supply Systems Works
I. General
A. The condition of existing components and other data furnished by DSIIDC are based on
preliminary investigations. The Concessionaire shall undertake the necessary
investigations in accordance with good industry practice for preparing detailed designs.
B. The materials, mixes and construction practice shall meet the requirements prescribed
herein and CPWD Specifications, CPHEEO Norms and BIS Codes, unless specified/
approved otherwise.
DSIIDC
Schedules to Concession Agreement
- For DI pipes: Nominal dia of pipe plus 400mm and minimum 550mm in all kind of
soil and 1000mm in rock.
- For G.I pipe: As per IS 5822-1986 with the latest amendments.
- For UPVC pipes: As per IS 4985 & IS 7634-1975 (part 1 to 3) with the latest
amendments.
II. DUCTILE IRON PIPES AND FITTINGS (PRESSURE PIPES)
- Ductile iron pipes and fittings to be used in replacement / new construction
should conform to the requirements of IS: 8329 - 1990.
- The diameters and thickness of the standard pipes should be as per IS codes
- The effective lengths of all straight pipes should be as defined IS: 8329 - 1990 and
should be within the range of 4 to 6 meters.
- The tolerance on wall thickness, length, diameter and standard mass of pipes and
fittings should be accordance with IS 8329 - 1990 as shown in Table 2 &3.
- The permissible tolerance on standard mass of pipe is +/- 8 percent for sizes up to
and including 200 DN and +/- 5 percent for sizes above 200 DN. The pipes of the
heavier mass than the maximum are accepted provided they comply the
tolerance on the wall thickness (e) and the flange thickness (b) of the pipes
should be as follows.
- The internal surface of pipes and fittings except blank flanges, sockets and bell
mouth should be lined with cement mortar in accordance to IS:8329 - 1990. The
cement should be ordinary Portland cement if pipes are locally manufactured.
The cement mortar mix should be one part by weight of cement to 3.5 parts by
weight of sand.
- To ensure the reliability of a pipeline it is essential to use only gaskets complying
with IS: 12820, IS: 8329 & supplied by the pipe manufacturers for push on joints
with adequate specified lubricants with the help of adequate tools. The quality of
rubber gasket should be of SBR grade for bulb 2 type and heel-5. type with IRHD
hardness of 50+5, -4, & 80+/- 4 respectively.
III. UPVC PIPES
- PVC pipes used should be unnplasticized Poly Vinyl Chloride (UPVC) pipes
conforming to I.S:4985-1988. The details of the nominal outer diameter, weight,
and working pressure at 20 deg. C should be as per the above standards. The
pipes should be laid as per manufacturer's specifications and as per code of
practice I.S:7634 part-III.
- UPVC pipes may be bent cold to a radius of not less than eight times of their
external diameter. Pipes bent for smaller radius may be made by hot bending.
- Fittings used for polythene pipes should be compression-moulded fittings
matching to the above specifications.
DSIIDC
Schedules to Concession Agreement
- Laying and jointing of UPVC pipes should be done as per I.S: 7634 (Part-III) and
generally jointing for UPVC pipes should be made by means of butt welding or
detachable joints or flanged joints or screwed joints, The type of joints should be
used as per the site conditions. Where UPVC pipes are used for Garden Hydrant
pipes the pipe will be finished with G.I. joints complete as directed approved by
the engineer in-charge / TPE.
- All pipes should be tested after installation for a pressure equal to twice the
maximum working pressure in the line.
IV. HDPE PIPE
- Where specified high-density polyethylene pipes conforming to IS 4084 and IS
7328-1974 should be used while laying and jointing of HDPE pipes should be as
per IS 7634 part II and manufacturer’s specification.
- Fittings of HDPE pipes should conform to IS 8008. Minimum required strength of
pipes with a lower confidence limit of 97.5% at 20 0C after 50 years.
- The laying and jointing of HDPE pipes should be done as per manufacturer’s
specifications and IS 7634 part II. Generally jointing of HDPE pipes should be
made by means of butt-welding or flanged jointing. The type of joints should be
used as per site conditions and the instructions of engineer in-charge / TPE.
- All pipes and fittings should be tested at manufacturer’s end at different
temperature range between 20 0C to 80 0C. The pipes will require to be tested
after installation with constant pressure equal to two times the maximum
working pressure in the pipeline.
V. G.I. PIPES, FITTINGS & VALVES
- GI pipes used should be galvanized mild steel tubes conforming to IS 1239-1979
of class specified. When class is not specified they should be medium class.
- Fittings should be malleable iron galvanized fittings, of approved make. All
fittings should have manufacturer’s trademark stamped on it. Fittings for G.I.
pipes should include couplings, bends, tees, reducers, nipples, unions, bushes.
Fittings should be as per IS 1879 - 1987 (Part - I to X).
VI. VALVES
- Valves 65mm dia and below should be heavy gunmetal full way valves or globe
valves conforming to I.S. 778-1984, 20 Kg/Sq.cm. class II or as specified. Valves
should be tested at manufacturer’s works and the same stamped on it.
- Sluice valves should be of best quality conforming to IS 780-1984 of class
specified for upto 300 mm dia and IS 2906-1984 of class specified for 350 to 1200
mm dia size.
- Butterfly valves should be of specified quality conforming to IS-13095 or BS: 5155
DSIIDC
Schedules to Concession Agreement
- Discharge pipe from scour valve should be connected only to a storm water drain
and should be clearly above the high flood level (connections to sewer lines are
not permitted).
- Non-return Valves and any other special type of valves and accessories as needed
due to functional requirement of the system and as per site conditions should be
provided.
VII. PUMP HOUSE
- Pumps should run smooth without undue noise or vibration. Noise levels and
velocity of vibrations should be within acceptable limits. Noise level should be
limited to 85 db at a distance of 2m. Velocity of vibrations should be within 4.5
mm/s as per relevant Hydraulic Institutes Standards and IS.
- The concessionaire shall construct the pump house as per specs. laid down in
relevant IS codes. The civil construction shall take place as per relevant IS codes
and /or CPWD specifications.
VIII. MILD STEEL PIPES
- Pipe work within the battery limits should be flanged, mild steel (MS) pipes
confirming to IS 3589. The pipes should be manufactured from fresh mild steel
plates confirming to IS 2062.
- Should any mild steel (MS) specials (bends, reducers, enlargers, tees, tail pieces
and pipe assemblies i.e. headers etc.), be required they should conform to IS
7322. The overall Dimensions i.e. Length, radius etc. of the specials should be as
per IS 1538.
- The thickness of the flanges should be as per IS 6392. The drilling of the flanges
should confirm to IS 1538 (part IV and VI)
- Nuts and bolts should conform to IS 1363 and IS 1367.
IX. Chlorination plant
- Chlorine shall be used as a disinfectant in the form of compressed gas under
pressure that is dissolved in water at the point of application, solutions or in solid
form.
- All accessories including piping, valves etc shall be of standard vendor specifications
as approved by the engineer in-charge / TPE.
DSIIDC
Schedules to Concession Agreement
I. General
A. The O&M Manual prepared by the Concessionaire in consultation with the IE shall
set out the operations and maintenance standards and details of the operations and
maintenance activities to be undertaken during the Operations Period; so that the
water supply system shall at all times conform to the service level standards detailed
in Schedule 3.B(iii).
B. The O&M Manual shall have separate sections for operations and maintenance and
shall include without limitation the following aspects:
- Organisation structure with responsibilities of key personnel;
- Safety Management Programme including the Emergency Response Protocol;
- Inspection Procedures;
- Maintenance Standards (including Maintenance Intervention Levels);
- Maintenance Programmes;
- Management information system;
- Report Formats.
DSIIDC
Schedules to Concession Agreement
DSIIDC
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VI. Control – the chlorine addition, leakage, and changeover control shall be
monitored by manual or automatic controls. The gas inlet and water piping shall
be readily accessible for cleaning, inspection, and maintenance without the need
to disturb the adjacent parts.
DSIIDC
Schedules to Concession Agreement
DSIIDC
Schedules to Concession Agreement
B. DETERIORATION OF PIPES
Depending upon the material of the pipes, these are subject to degrees of
deterioration, loss of water carrying capacity, leaks, corrosion and pitting,
tuberculation, deposition of sediment and slime growth. Preventive Maintenance of
Supply System assures the twin objectives of preserving the bacteriological quality of
water carried in the supply mains and providing conditions for adequate flow through
the pipelines.
i. The concessionaire shall document, submit, obtain approval for a Preventive
Maintenance Programme as part of the O&M manual, the main functions of
which pertaining to maintenance of pipelines are assessment, detection and
prevention of wastage from pipelines through leaks, maintaining the
capacity of pipelines, cleaning of pipelines and relining.
C. LEAKAGE CONTROL
Leakage of water in the supply system occurs by way of leakage from pipes, joints &
fittings, reservoirs & overflows of reservoirs & sumps.
i. The concessionaire shall document, submit, and obtain approval for a
Leakage Control Programme as part of the O&M manual, the objective of
which is to reduce to a minimum the time that elapses between the
occurrence of a leak and its repair. The volume of water lost through each
leak should be reduced by taking necessary technically and economically
feasible actions to ensure that the leak is repaired as quickly as possible. To
achieve this, the concessionaire should prescribe procedures for identifying,
reporting, repairing, and accounting for all visible leaks.
D. PROCEDURES FOR REPORTING VISIBLE LEAKS
The concessionaire must put in place a system of reporting / notifying the visible leaks
by the industrial estate users and concessionaire staff in the process of carrying out
other works on the water supply system. Procedures for attending efficiently and
accurately to the leaks and their prompt repair must be established. Critical areas
where leaks often occur have to be identified and appropriate corrective measures
have to be implemented.
E. SYSTEMS MONITORING
The concessionaire shall establish a comprehensive Centralized Monitoring System to
ensure that the supply system is operating with required efficiency. The O&M of
water utilities include
i. Monitoring levels in service reservoirs fed by the supply system
ii. Monitoring the flow meter readings of upstream and downstream reservoirs
connected in the supply system
iii. Monitoring the pressures of the pipeline at salient points
DSIIDC
Schedules to Concession Agreement
iv. Monitoring the data on operation of pumps such as hours of pumping and
failure of pumps
v. Monitoring water quality by measuring residual chlorine
vi. Water quality to be monitored by CPCB/NABL/MOEF approved lab: Eko pro
engineers P. Ltd, Delhi Test House, Nuchem ltd, Spectro Analytical labs P. Ltd,
AES testing & research lab, Mantec consultants P. Ltd etc
F. RECORD
I. The Concessionaire shall develop a record system in the O & M manual, which
should be realistic and applicable to the operating problems involved in the
Supply system. Management must be clear as to why the data information are
collected, as to who will review the data and who will respond to the results of
review. The most efficient way to keep records is to plan what data is essential
and then prepare the formats followed by guidelines, fill the data, frequency
and to send the record to for review and report. Sample records to be
maintained are given below for guidance.
- Updated supply system map with alignment plan and longitudinal section of
the pipeline showing the invert levels and hydraulic grade lines of the
pipelines and location of appurtenances, flow meters and pressure gauges,
- Record of flow meter readings at upstream and downstream ends of the
supply system,
- Record of water levels of the reservoirs at both upstream and downstream
ends of the supply system,
- Pressure readings of the supply system pipelines,
- Review of record of pressures and flows,
- Identify the persistent low pressures in the supply system,
- Record on age of pipes/quality of pipes,
- Identify pipelines to be replaced,
- Presence of corrosive water in the system,
- Identify the source of leaks,
- Identify the persistent leak points,
- Identify the residual chlorine levels at the receiving and transmitting ends of
the supply system,
- Identify the bacteriological quality of the water sampled from the reservoirs
linked to the supply system,
- Identify reasons for residual chlorine being absent/where bacteriological
samples are unwholesome,
DSIIDC
Schedules to Concession Agreement
- Record on when the pipeline leaks were repaired or pipes changed and the
cost of materials and labour cost,
- Record on when the gland ropes of the valves distribution system were
changed and the cost of materials and labour cost thereof,
- Record on when the spares of the valves were changed and the cost of
materials and labour cost thereof,
- Record on when the expansion joints were serviced and the cost of materials
and labour spent for repairing the same,
- Record on when the manholes on the valve chambers were changed and the
cost of materials and labour cost thereof,
- Record on man-hours spent on routine operations in the supply system in
the previous year and the cost thereof,
- Record on total cost of repairs and replacements in previous year along with
breakup of material cost and labor cost with amount spent on outside
agencies for repairs and replacements,
- Record on when the exposed piping was last painted and the cost of
materials and labor cost thereof.
II. The reporting and information that generally need to be provided by the
Concessionaire are given below. The Requirements given below are indicative
of the type of information to be provided. The format of such reports,
recording requirements, software standards and number of copies required
would be finalised in consultation with the engineer in-charge / TPE. All
reports and records shall be in the English language.
III. With the accumulation of all essential data a report can be prepared
evaluating the O&M of the facility. The report can identify the deficiencies in
the system and its appurtenances and then plan future repairs to the supply
system, valves, and other equipment or for replacement of defective valves or
other equipment.
IV. A programme has to be prepared for each zone of the supply system, which
should contain procedures for routine tasks, checks and inspections at
intervals viz. weekly, quarterly, semi-annually or annually. This plan should fix
responsibility, timing for action, ways and means of completing the action as
to when and who should take the action and the need to take these actions.
Simple checklists for use by the managerial staff can be prepared to ensure
that the O&M staff has completed the tasks assigned to them.
Check whether the operation of valves is smooth without any abrupt Monthly
stoppage during closure
DSIIDC
Schedules to Concession Agreement
Check for status of scouring and then proper closure of washout Quarterly
valves
Check for leakage through valves at gland, bolts or any other place Quarterly
Assess the need for painting of the exposed piping work Quarterly
Check for availability of spares for Valves, expansion joints and pipes Quarterly
and jointing materials
Study inflows and outflows into the reservoirs linked to the Monthly
supply system
Metering Monthly
DSIIDC
Schedules to Concession Agreement
b) Quarterly Maintenance
c) Annual Maintenance
I. ROUTINE OBSERVATIONS OF IRREGULARITIES:
The pump operator should be watchful and should take appropriate action on any
irregularity noticed in the operation of the pumps. Particular attention should be paid to
following irregularities.
- Changes in sound of running pump and motor
- Abrupt changes in bearing temperature.
- Oil leakage from bearings
- Leakage from stuffing box or mechanical seal
- Changes in voltage
- Changes in current
- Changes in vacuum gauge and pressure gauge readings
- Sparks or leakage current in motor, starter, switchgears, cable etc.
- Overheating of motor, starter, switchgear, cable etc.
II. RECORD OF OPERATIONS AND OBSERVATIONS
A logbook should be maintained to record the hourly observations, which should cover the
following items.
- Timings when the pumps are started operated and stopped during 24 hours.
- Voltage in all three phases.
- Current drawn by each pump-motor set and total current drawn at the installation.
- Frequency.
- Readings of vacuum and pressure gauges.
- Motor winding temperature.
- Bearing temperature for pump and motor.
- Water level in intake/sump.
- Flow meter reading.
- Any specific problem or event in the pumping installation or pumping system e.g. burst
in pipeline, tripping, or fault, power failure.
H. The Concessionaire shall maintain an inventory of all items comprised in the water supply
system (the "Inventory"), in a format to be developed in consultation with the engineer in-
charge / TPE.
I. Throughout the Concession Period, the Concessionaire shall keep the Inventory updated to
take account of works carried out on and other changes made to the Water Supply System.
DSIIDC
Schedules to Concession Agreement
DSIIDC
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DSIIDC
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DSIIDC 61
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DSIIDC 62
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DSIIDC 63
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3.C SEWERAGE
I. Procedure
1. The Codes, Standards and Technical Specifications applicable for the design &
construction of project components are:
a) Design guidelines of CPHEEO manual,
b) IS Codes and Standards,
c) CPWD,specification for construction of civil and allied works.
d) Any other standards referred to in the annexure and any supplement issued with
the bid document.
2. In the absence of any specific provision on any particular issue in the aforesaid Codes or
Specifications read in conjunction with the Specifications and Standards contained in
this Manual, the following Standards shall apply in order of priority:
a) Bureau of Indian Standards (BIS)
b) Any other specifications / standards proposed by the Concessionaire and
reviewed by the engineer in-charge / TPE.
c) The authority to give relaxation in specifications, to promote time tested local
practice and usage of local material, shall rest with DSIIDC.
DSIIDC 64
Schedules to Concession Agreement
broad output calculations and details of the quality assurance and quality control
procedures.
d) Format of the monthly report giving details of the physical progress in
implementation of the Project and operations and maintenance activities
undertaken (Monthly Progress Report).
2. Prior to commencement of any construction activity, the Concessionaire shall finalize in
consultation with DSIIDC / engineer in-charge / TPE an operations and maintenance
plan for the Project during the Construction Period (“O & M Plan – Construction
Period”) and which shall, include the following:
a) Traffic Management Plan for traffic diversions during repairs / construction within
the Industrial Estate;
b) Safety management programme including an Emergency Response Protocol; and
c) Environmental Management Plan
3. Prior to commencement of construction, the Concessionaire shall have:
a) Obtained all such Applicable Permits as are necessary to commence such works;
b) Finalized Construction Documents as are necessary and the Construction Schedule;
c) Mobilized the requisite resources, personnel and organization necessary for the
same and designated and appointed suitable officers/ representatives as it may
deem appropriate with responsibility to supervise implementation of the Project
and for exchange of information with the DSIIDC;
d) Finalized a method statement setting out details of the actual methods that would
be adopted by the Concessionaire for the construction of such works including
details of equipment and machinery that would be used, their locations, and
arrangements for conveying and handling materials;
e) Finalized quality assurance and quality control procedures to cover all aspects of
the work so as to ensure the desired quality.
f) Inform likely affected plot owners / users, minimum 48 hours in advance, about
the commencement of any construction work.
g) Ensure connection and availability of water, power, etc. for construction purpose
by coordinating with concerned authorities.
DSIIDC 65
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DSIIDC 66
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17. The Concessionaire shall take all measures to mitigate any disruptive effects of
construction such as noise, dust pollution, threat to the property and functioning of the
operating industries or any other disruption.
1. Upon completion of construction, the Project Site shall be cleared of all construction
equipment, surplus materials, debris and temporary installations and shall be left in tidy
and an aesthetically pleasing appearance to the satisfaction of the engineer in-charge /
TPE.
2. The concessionaire shall ensure the rehabilitation of the affected Right of Way to pre
construction status.
3. The Concessionaire shall submit to the engineer in-charge / TPE for future records the
following documents:
a) "As Built" drawings of the Project - detailed, accurately scaled and sequentially
numbered, covering all relevant engineering features;
b) Copies of all geo-technical, hydro-geological, quality test and borehole reports
obtained by the Concessionaire, if any.
DSIIDC 67
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I. General
A. The Concessionaire shall undertake the necessary investigations in accordance with
good industry practice for preparing detailed designs.
B. The materials, mixes and construction practice shall meet the requirements prescribed
herein and CPWD Specifications, CPHEEO Norms and BIS Codes, unless specified/
approved otherwise.
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metre head of water. The test pressure shall, however, not exceed 1.5 metre head
at any point. The pipes shall be plugged preferably with standard design rubber
plugs on both ends. The upper end shall, however, be connected to a pipe for filling
with water and getting the required head.
f) Sewer lines shall be tested for straightness by:
i. Inserting a smooth ball 12mm less than the internal diameter of the
pipe. In the absence of obstructions such as yarn or mortar projecting at
the joints the ball shall roll down the invert of the pipe and emerge at
the lower end.
ii. Means of a mirror at one and a lamp at the other end. If the pipe line is
straight the full circle of light will be seen otherwise obstruction of
deviation will be apparent.
g) Pipe Bedding: All pipes laid in underground trenches shall be provided with proper
bedding as specified in various relevant codes and manuals and they are generally
of the following types.
h) Special Compact Granular Bedding: The pipe shall be bedded in compacted granular
materials placed on a fresh trench bottom. The granular bedding shall have
minimum thickness of one fourth the outside dia of pipe but not less than 20cm
and shall extend quarterway up the pipe barrel at the sides.
i) Concrete Cradle: The pipe shall be bedded in a monolith cradle of plain or
reinforced cement concrete (1:2:4) as specified having minimum thickness of one
fourth the outside dia of the pipe but not less than 10cm and shall extend
quarterway up the pipe barrel at the sides, the coarse aggregate of the cement
concrete (1:2;4 ) shall be of stone chips or gravel 20mm down.
j) Concrete Encasement: The pipe shall be bedded in monolith layer of plain or
reinforced cement concrete pipe (1:2:4). The coarse aggregate shall be stone chips
or/gravel 20mm down.
i. The location of the above types of bedding and any other types shall be
decided on site conditions such as type of soil and its extend of water
contents, super imposed load etc.
ii. Cement, sand, gravel and stone chips to be used in bedding must
conform to the relevant IS specifications.
iii. Pipes in loose soil or above ground shall be supported on brick or stone
masonry or R.C.C. pillars as approved based on soil tests and
consultation with the engineer in-charge / TPE.
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c) All manholes shall be provided with cement concrete benching in 1:2:4 mix (1
cement: 2 coarse sand: 4 stone aggregate 20mm nominal size). The benching shall
have a slope towards the channel. The depth of the channel shall be full diameter
of the pipe. Benching shall be finished with a floating coat of neat cement.
d) All manholes shall be plastered with 12mm thick cement mortar 1:3 (1 cement: 3
coarse sand) and finished with a floating coat of neat cement as specified in bill of
quantities and drawings.
e) All manholes with depths greater than 1 metre shall be provided with 6 mm thick U
shaped plastic foot rest encapsulated as per IS: 10910 manufactured by reputed
and approved manufacturers of 263mm overall length, distance between legs
112mm, protruding length 125mm thickness 23mmx25mm set in cement concrete
blocks 30 x 20 x 15 cm in 1:2:4 mix 30cms vertically and staggered as specified in
BOQ.
MANHOLE COVERS
a) All manholes shall be provided with S.F.R.C covers and frames and generally
shall conform to IS-19292 (Part 1 & 2) and embedded in reinforced cement
concrete slab. The details of cover and frame shall be as specified in the
schedule of quantities or as given below.
b) The different grades and types of manhole covers may be used as follows.
i. LD-2.5 Rectangular, square or circular types: These are suitable for use
within the residential and institutional complexes / areas with
pedestrians but occasional LMV traffic. These covers may also be used
for inspection chambers.
ii. b)MD-10: These are suitable for use in service lanes/ roads, car parking
areas etc.
iii. c)MD-20: Suitable for use in institutional/ commercial areas/ carriage
ways with heavy duty vehicular like buses, trucks, etc.
iv. d)EHD-35 Circular, square, or rectangular (scrapper manhole) types:
These are suitable for use in carriage way in commercial industrial/ port
areas/ near warehouses/ godowns where frequent loading and
unloading of trucks / trailers are common, with slow to fast moving
vehicular traffic of the types having wheel loads up to 11.5 tones,
irrespective of the location of the manhole chambers.
MATERIALS
a) Aggregates: The aggregates used shall be clean and free from deleterious
matter shall conforming to the requirements of IS: 383. The aggregates shall be
well graded and the nominal maximum size of coarse aggregate shall not
exceed 20mm.
b) Reinforcement
i. The reinforcement steel shall conform to IS:226 or IS:432 (Part-I) or
IS:832 (Part-2) or IS:1566 or IS:1786 as specified.
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ii. Fibre Steel: In association with the main steel bars reinforcement steel
fibres of appropriate types and forms may also be used as secondary
reinforcement (upto 0.5 % by volume). The quality & quantity of the
steel fibres to be approved by engineer in-charge / TPE.
c) Shapes and Dimensions
i. Shapes: The shapes of precast concrete manhole covers shall be square,
rectangular or circular as suitable for site conditions approved by
engineer in-charge / TPE.
ii. Dimensions: Dimensions of precast concrete manhole covers shall be as
given in Table - 1 . The minimum clearance at top between the frame
and cover shall be 5mm.
Table-1: Dimensions of precast concrete manhole covers
S.No. Description Heavy/ Extra Medium duty M.D. Light Duty L.D
Heavy HD/ EHD
1 Clear opening 560mm dia or 450mm dia 600x450mm
matching the top 600mm dia square 480mm dia (rectangular)
opening of or 560mm 500mm dia or 450mm dia or
manhole square 350mm dia or
square
2 Precast slab with 900mm dia x 800mm dia x 850mmx700mm x
integral frame (D/T) 180mm or square 130mm 100mm
corners cut 1000 800mm dia x 625mm
mm dia x 20mm or 150mm diax100mm
square corner cut 575mm dia x
100mm square
3 Thickness cover the 100mm or 110/ 70/ 80mm 50mm
frame (T1) 120mm
4 Matching manhole 685/ 660mm or 585mm dia or 685 x 535mm
cover (B) 735/ 710mm dia or 645mm dia or 515mm dia or
square square square
435mm dia or
square
5 Edge protection of Precast manhole covers are designed and provided with MS
covers/ lifting rims of 2.5 mm thickness welded around with provision of two
facility lifting hooks welded at appropriate locations
6 Chequered pattern The MS rims along with the edges of precast manhole covers
on operative and their operative surface are suitable coated/ finished using
surface corrosion resistant paint
7 Marking on the Precast manhole covers/ precast slabs are suitably marked on
covers the operative surface with the following letters, unless
specified otherwise
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S.No. Description Heavy/ Extra Medium duty M.D. Light Duty L.D
Heavy HD/ EHD
Name of Dept/ Sewer or SWD/ Grade/ Date of MFG/ Trade
name etc.
8 Performance When tested for ULTIMATE breaking load using 300mm dia
requirements blocks as per the method described in IS:12592 (Part-1)
manhole covers shall be within the following range
Test load Light duty 2.5 tonnes (L.D – 2.5) Heavy duty – 20 tonnes (HD-
20) Medium duty. 10 tonnes (MD-10) extra heavy duty 35
tonnes (EHD-35)
a) Lifting Device: The minimum diameter of mild steel rod used as lifting device shall be
10mm for light and 12mm for medium duty covers and 16mm for heavy and extra
heavy duty covers. The lifting device shall be protected from corrosion by not
galvanising or by epoxy coating or any other suitable.
b) Finishing & Coating: To prevent any possible damage from corrosion of steel the
underside of the covers shall be treated with anticorrosive paint. The top surface of
the covers shall be given a chequered finish. In order to protect the edges of the
covers from possible damage at the time of lifting and handling it is necessary that
the manhole covers shall be cast with a protective mild steel sheet of minimum
2.5mm thickness around the periphery of the covers. Exposed surface of mild steel
sheet shall be given suitable treatment with anticorrosive paint or coating.
c) Physical Requirements -Load Test: The breaking load of individual units when tested
in accordance with the method described in IS: 12592 shall be not less than the
values specified in
Table – 2
DROP CONNECTIONS
a) Drop connections shall be provided between branch sewer and main sewer or
in the main sewer itself in steep ground when the difference in invert levels of
the two exceeds 60 cms.
b) Drop connections from branch sewer to main sewer shall be made outside the
manhole wall with CI pipe tee connections, vertical pipe and bend at the
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bottoms. The top of the tee shall be finished up to the surface level and
provided with a C.I. hinged type frame and cover 30cms x 30cms. The
connection shall be embedded in cement concrete (1:2:4 mix) 15cms all round
the pipe and tee up to the surface chamber of the tee.
c) For 450MM Dia. and above a steep slope can be provided to join in the last line.
VENT SHAFT
a) RCC spun vent shaft shall be provided at the start of the sewer line or as
required as per site conditions and as specified in BOQ and drawings and as per
instructions and approval of engineer in-charge / TPE.
MEASUREMENTS
a) The measurements shall be done conforming to (IS:1200-1979-1981) with latest
amendments to date and as per latest CPWD specifications and/or as specified
in the respective heads of various item of works to be executed and as
described in detail BOQ, as applicable the case may be.
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I. General
A. The O&M Manual shall have separate sections for operations and maintenance and
shall include without limitation the following aspects:
a) Organization structure with responsibilities of key personnel;
b) Safety Management Programme including the Emergency Response Protocol;
c) Inspection Procedures;
d) Maintenance Standards (including Maintenance Intervention Levels);
e) Maintenance Programmes;
f) Management information system;
g) Report Formats.
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conveyance network, collection and pumping stations, treatment facility and final
disposal, etc. will be totally attended to by the concessionaire including any
“Troubleshooting” to ensure smooth and trouble free operation.
2. Monitor the performance of the effluent treatment plant; conduct the analysis of the
inlet effluent and water quality after treatment. Concessionaire shall initiate and take
adequate actions to ensure smooth and satisfactory performance / running of the plant
on a 24 hours / round the clock basis.
3. Prepare and implement an effective plant maintenance programme in consultation
with the Department of industries. It is an absolutely concessionaire’s responsibility to
look after all sorts of maintenance whether Preventive, Minor, Major, or breakdown.
4. The concessionaire will determine operating parameters, select settling (Chemical
doses etc.), and generally optimize the process, and working of the treatment plant.
Excessive chemical dozing i.e. dose more than normal shall be avoided otherwise
penalty shall be levied and recovered from the concessionaire.
5. Plan & procure all spares, polyelectrolyte and all consumables including chemicals,
grease, lubricating oil, cleaning agents, laboratory reagents etc.
6. Maintain and update logbook, in which details of operational parameters are recorded
in every shift and at regular interval say hourly or as decided mutually.
7. Carry out day-to-day Maintenance of the rising main inside the CETP premises.
8. Operate, maintain, and manage housekeeping, cleaning, removal of sludge by its own
carrier arrangement & dispose it off as per environmental guidelines defined by CPCB,
MoEF and relevant legislations.
9. The concessionaire is to ensure that the following guarantees are maintained during the
operation & maintenance period:
a) for quality of treated effluent
a) for consumption of chemicals
b) for automation
10. The Concessionaire shall maintain all the parameter of effluent within stipulated limit as
per relevant guidelines of CPCB, MoEF and applicable legislations. The concessionaire
shall test the effluent / influent at authorized laboratory for given parameters as per
CPCB specifications on fortnightly basis and submit the test results to designated
authority.
11. No equipment shall remain idle, un-attended, or damaged for more than period of 3
days. If any equipment is not repaired, rectified, and or replaced within 3 days, the
concessionaire will be penalized with no limit at the rate of Rs. 2000/- per day delay per
each individual equipment of the plant.
12. Maintain required Power Factor as per ___ rules and regulations.
13. Maintain the area around the main plant i.e. Lawns, plantation, landscaping etc.
14. The Concessionaire during his O&M period will have to follow all the guidelines set by
DJB for Operation & Maintenance of STP.
15. At the end of every 3 years of operation & maintenance period, an assessment of the
condition of the plant has to be done by the concessionaire through third party
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inspection and based on that assessment the concessionaire shall, repair and re-
condition all the mechanical equipments in the concluding year of the O&M contract to
a condition so that they are in running condition with regular preventive and
recommended maintenance as per manufacturer's recommendations or as per CPHEEO
manual.
16. The concessionaire is fully responsible for treating all the effluent reaching the
Receiving chamber. The performance of the concessionaire shall be treated as
unsatisfactory if he fails to treat the complete effluent upto the defined discharge
standards or does not maintain the guarantees listed in this clause excepting in force
majeure condition or fails to fulfill other conditions of the contract.
TREATED EFFLUENT QUALITY
17. The concessionaire shall operate the Sewage Treatment Plant in such a way that the
treated effluent quality attains the following parameters :-
BOD (20°C) <20 mg/ l
SS < 30 mg/ l
TREATED SLUDGE DISPOSAL
18. The concessionaire shall operate the CETP such that the sludge produced is of a spade-
able consistency and the volume of sludge produced after necessary process, is
minimum. The sludge generated from the CETP shall be disposed off through approved
means of transport to the nearest authorized facility as per all norms of disposal
defined by CPCB, MoEF and relevant legislations in place.
TESTS
19. The sampling and testing to be carried out twice a day and at least at the points given
below. This schedule shall also be maintained during the O&M period.
20. Inlet chamber at sewage treatment plant for flow, BOD, pH, SS, temperature, COD and
oil & grease, TDS.
21. Outlet of the sedimentation units for BOD, suspended solids. PH, COD and oil & grease,
TDS.
22. Inlet of the reactor unit for MLSS, Dissolved Oxygen & pH.
23. Outlet of the reactor unit for Dissolved Oxygen, Sludge volume Index & pH.
24. Outlet of the secondary treatment units for BOD, Suspended solids, pH, COD and oil &
grease
25. Outlet of the chlorination units for BOD, Suspended solids, pH
26. Excess sludge for Volatile suspended solids, total solids, specific gravity
27. Various parameters to be tested by online monitoring system at these locations as per
specific requirements of Instrumentation.
28. Residual Free Chlorine after Chlorination.
SAFETY/SECURITY
29. The concessionaire shall take all safety precautions under various Acts/Rules under
Central/State Govt. from time to time and he shall be responsible for safety of its staff
and the consequences thereof. The concessionaire shall deploy round the clock security
personnel at entrance of plant’s premises and in the compound for the safety of the
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plant and premises for the safety of the plant, equipment and personnel during this
period.
RESPONSIBILITY FOR DAMAGES
30. The care of the whole of the permanent works shall remain with the concessionaire
who shall be responsible for all accidents or damages from whatever cause arising and
responsible for replacement for anything that may be stolen, removed destroyed or
damaged and for making good all defects and damages to the said works.
31. Adequate safety precautions against fire, flooding, lightening, electrical shocks, accident
due to moving/non-moving heavy/light equipments shall be strictly observed by the
concessionaire. Special care shall be taken by the concessionaire while carrying out the
work in sewage gas zone. Any incidence of human life or accident will be totally
concessionaire's responsibility.
32. The concessionaire shall ensure that the staff employed takes all necessary precautions
and arrange for all necessary safety equipment while carrying out the work either in
shift duties or any general shift as per Indian Electricity Rules/ Factory Act/ CPHEEO
Manual, or manufacturer's special instruction for safety / gas handling.
REPORTING
33. The Concessionaire will prepare monthly reports as per approved O & M Plan
34. Concessionaire is required to maintain computerized records on approved forms /
formats for records of following information:
a) Pumping hours
b) Quantity of effluent treated
c) Working hours
d) Electric break down
e) Maintenance
f) Staff attendance
g) Equipment breakdown, repair record and extent of repair
h) Chlorination equipment and chlorine toner operating and using
i) Routine, Preventive, Minor & Major maintenance of all Civil, Electrical,
Mechanical, hydraulic machines &equipments of the plant.
35. The concessionaire shall prepare schedule of daily maintenance & preventive
maintenance of all the equipments & machineries operated & run by him in the
Industrial Estate. The scope covers Routine, Preventive, Minor & Major maintenance of
all major minor equipments, machinery and pipeline network etc. as part of the sewage
system of the Industrial Estate from each plot to the final treated discharge.
36. The Concessionaire shall also carry out Routine, Preventive, Minor & Major
maintenance of all major minor electrical equipments essential for smooth operation of
the works.
37. The Concessionaire shall maintain all civil structures associated with the sewage works
including CETP structure, site office, Store room, fencing, etc. in a neat manner.
38. The concessionaire shall carry out the safety audit of the plant & obtain necessary
certificate from the competent authorities.
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39. The Concessionaire, after first notifying the department of industries shall be
responsible for fulfilling all requirements associated with any release of any substance
into the environment (form the facility or the site) as required by Applicable law or by
any Legal Entitlement including but not limit to the notification or reporting of releases
/ Hazardous substances or Hazardous Waste. The Concessionaire shall prepare a
memorandum evidence such notification or reporting and provide copies thereof to the
Board, along with any documents provided to the relevant regulatory agency regarding
such release.
40. The concessionaire shall process and obtain the clearance of all such agencies as
required for the purpose, including all clearances during the entire concession period.
He shall be fully responsible to comply with all requirements of Laws including
hazardous substances, emission standards for air, discharge standards for effluent oil,
sub-soil pollution.
41. DSIIDC has the right to conduct a technical audit of the Facility and to perform any
analysis or inspection he deems necessary. Such audits may cover all or any of the
obligations of the Concessionaire, including without limitation,
a) Verification of the system capacity and save for normal wear and tear during the O&M
Period
b) Verification of the performance standards and useful life of the individual assets of the
Facility, save for normal wear and tear during the O&M Period
c) Verification of the capacity of the Facility to meet Output Standards during the residual
life of the Facility and save for normal deterioration expected during such residual life
d) Sampling, testing and verification of the Output Standards for treated sewage, sewage
losses
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I. General
A. All installations shall be installed as designed and approved.
B. The waste water system shall be checked for sewer line and CETP standards.
B. Leakage: The concessionaire shall ensure that there is no leakage in the sewer
collection system, which leads to infiltration/Inflow. The causes may be
cracks/fractures, joint displacement, deformation, collapse, root intrusion, poorly
constructed connections, abandoned laterals left unsealed etc.
C. Backflow prevention:
a) Power supply to the pumping station shall be uninterrupted and must have a
backup in case of failure of the main supply.
b) The check valves shall be installed in the right direction.
c) Check for clogged inlets and drains.
D. Flow rates shall be maintained inside the sewer lines. Sediment removal shall be
done at regular basis.
E. Grievances’ redressed system shall be used to lodge a complaint or address a
problem relating to the waste water system.
F. Emergency action shall be taken for any complaint arising due to leakage, flooding
etc within 6 hour of complaint. Leakage shall be stopped, and sewage pumped out
to make the system functional again.
G. The repair work shall be completed within 48 hours. Failing which penalties shall be
imposed.
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III. CETP
A. Final deposition of sewage effluent shall be in accordance with discharge requirement
set by the Central Pollution Control Board, (CPCB).
B. Outfall tests to check water quality shall be conducted at a regular interval of 14 s (
fortnightly)
C. Tests shall be conducted as per CPCB standards and conducted in a CPCB authorized
laboratory.
D. If any test is non-compliant, the same shall attract penalties. Subsequently every week
a test will be conducted to check the water quality. 1000 points shall be given for each
defaulting week.
E. Adequate disposal of sludge shall be done as per MOEF Standards.
A. The Concessionaire shall maintain an office at the site for managing the maintenance
activities, receiving and responding to complaints related to maintenance.
B. Interactive Web portal to be maintained for registration of complaints, dissemination of
information, notices and circulars.
C. The Concessionaire shall ensure the deployment/availability of adequate number of
trained personnel to respond to complaints and carry out the activities listed above.
D. The system shall be based on response time the complaint of the complainant shall be
acknowledged within specified time limit.
MECHANISM USED TIME OF ACKNOWLEDGEMENT OF COMPLAINT
Phone 30 seconds
Email 15 minutes
Physical 15 minutes
E. The Redressal time shall be task specific and has been stated with the defined penalty.
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I. General
A. The specifications broadly cover the civil works and equipments, which shall be
developed, by the Concessionaire as part of the Project Facilities.
B. It is not the intent to specify completely herein, all the details of design and
construction of the equipment/ system. However, the Project Facilities shall conform, in
all respects, to high standards of engineering, design, and workmanship. They shall be
capable of performing in continuous commercial operation, which will interpret the
meaning of drawings and specifications, shall have the power to reject any
specifications, and shall have the power to reject any work or materials, which, in his
judgment, are not in full accordance therewith.
C. All Applicable Permits for construction on the Facility Site shall be obtained by the
Concessionaire as per Applicable Law as enlisted in Annexure ‘2’ to Schedule 3.D(i)
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construction. Require that the Concessionaire shall submit the plan to DSIIDC for
approval.
o) For each phase, It is required that the Concessionaire prepare engineering
drawings that will be presented to DSIIDC for review and approval.
p) Ensure that the implementation / construction of the project is undertaken with
no inconvenience to the traffic.
q) Take precautions to avoid inconvenience to, damage to, destruction of or
disturbance to any third party rights and properties
r) Ensure adequate safety of the personnel deployed which would include measures
such as the provision and maintenance of barricades, and illumination during
night in consultation with the engineer in-charge / TPE.
Within 90 days of issue of Readiness Certificate or the Provisional Readiness Certificate, as the
case may be, the Concessionaire shall submit to DSIIDC the following documents, free of cost:
1. "As-built" Drawings of the implementation / construction works which have been
completed as on COD, duly verified by the engineer in-charge / TPE, including, but without
limitation, an “as-built” survey illustrating all the details of the Project as actually designed,
engineered, implemented and constructed.
2. Copies of all studies, surveys, investigations and test carried out
3. The Operations and Maintenance Manual.
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I. General
A. The Design Requirements for the Project Facilities shall conform to the requirements
set out in this schedule and applicable laws, and specifically the following
a) Municipal Solid Wastes (Management and Handling) Rules, 2000
b) Relevant Guidelines issued by CPCB from time to time.
B. Facilities shall be designed to meet the specific requirements of the Integrated
Industrial Estate in terms of estimated loads of solid waste generation
C. Design of Project Facilities shall cover collection, transportation, segregation, storage of
waste.
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d) The material for the container shall be conforming to IS 2062 and as prescribed
above in table.
e) Adequate provision for corrosion shall be included in the design.
f) Top door hinges, tailgate hinges, top flap support, top, bottom frame supports,
angles, channels, tee, anchor pins, locking arrangements of tailgate shall be heavy
duty of rugged steel.
g) The top of the container shall have a hinged door(s) for closing which can be kept
in open position using hooks.
h) The tailgate of the container shall have hinges at top to open automatically.
i) The hooks for lifting the bin would be integral to the structure of the bin. It shall
be provided with the necessary reinforcement to handle the design weight for
lifting with adequate factor of safety.
j) The capacity and design of the container shall be approved by DSIIDC
k) All the containers shall be coded
B. Street Sweepings Waste
The containers (Black) shall be placed at a center-to-center distance of 500 meters
along the roadside. The summarized features of such bin are:
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The Waste may be temporarily stored at transfer stations, followed by transport in bulk and
handing over to concerned authorities.
All industrial units shall be provided with adequate number and types of bins of suitable
capacity. For Type 2 waste, adequate number and types of bins shall be provided at common
collection points.
a) Design of Containers at Transfer Stations
Containers at Transfer Containers typically rectangular open top container
Stations each of 13.5 cu.m volume with manually opening, split
type rear doors and 4 windows capable of handling by
Palift PLT 10 hook loader equipment.
Material of MS
construction
Capacity 13.5 m3
Shape Rectangular
Sizes (Typical) Width 1.5 m
Length 6.0 m
Height 1.5 m
Thickness of material 5 mm, IS 2062
Colour Green; White & Black
Location At Transfer Stations
Other details With covers and appropriate arrangements to lift
To be provided with hooks for using hook lift trucks
III. Transportation
A. Vehicles
a) The concessionaire shall use tipping autos for collecting the MSW from source. If
there are some lanes/by-lanes where the tipping autos access is not possible, a
rickshaw having two compartments / at least 6 bins may be used by the
concessionaire
b) In specific, all the vehicles shall conform to Bharat Stage III / Euro III standards of
emission and above - up graded from time to time as per statutory requirements.
c) A wireless Communication net work shall be provided by the concessionaire for
the supervisors as well as on the vehicles and equipment for the drivers with a
base station, at the control room at workshop.
d) All vehicles shall be equipped by advanced vehicle tracking system and shall be
capable of being monitored from the control room, transfer station and
integrated facility.
e) The type of system shall be two-way communication wireless or mobile Phone
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S. No Permit Agency
1. Permits for drivers
a. Permanent driving license depending on Transport Department,
vehicle type
2. Permits for vehicles
a. Vehicle Registration Transport Department,
b. Fitness certificate Transport Department,
c. Pollution control certificates Transport Department,
3. Application for PAN and other tax Concerned Department
registrations
4. Clearance for employing contract labour – Labour Commissioner
Principal employer/Contractors
5. Employment of Migrant labour Labour Commissioner
6. Fire safety equipment Government of Delhi/ Police
Department
7. Working in night shifts DSIIDC /Police Department
The indicative list of Applicable Guidelines/ Rules / Act is set out below:
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I. General
1. The Concessionaire shall comply with the O&M Requirements set out in this Schedule. The
Concessionaire shall ensure that the Project facilities are maintained to the standards and
specifications as set out in the Design Requirements and also meet the other requirements,
if any, set out in the Agreement.
2. During the term of this Concession, the Concessionaire, shall collect, segregate & transport
waste on a daily basis (all 365 days in a year). The same shall be done in accordance with
this Concession Agreement and shall be solely responsible to provide necessary staff and
equipment, in a manner consistent with this Agreement and considered Good Industry
Practice, to the satisfaction of the engineer in-charge / TPE and the DSIIDC.
3. In the design, planning and implementation of all works and functions associated with the
operation and maintenance of the Project Facilities, the Concessionaire shall take all such
actions and do all such things (including without limitation, organising itself, adopting
measures and standards, executing procedures including inspection procedures, and
engaging contractors, if any, agents and employees) in such manner, as will :
a) ensure the safety of personnel deployed on and users of the Waste processing
facilities or part thereof;
b) keep the Project Facilities from undue deterioration and wear;
c) permit unimpaired performance of statutory duties and functions of any party in
relation to the Project;
4. During the Active Operations Period and till the date of hand back of the Project Site/
Project Facilities, the Concessionaire shall ensure that
a) adverse effects on the environment and to the owners and occupiers of property
and/or land in the vicinity of the Project Facilities, due to any of its actions, is
minimized;
b) any situation which has arisen or likely to arise on account of any accident or
other emergency is responded to as quickly as possible and its adverse effects
controlled/minimized;
c) disturbance or damage or destruction to property of third party by operations of
the Project Facilities is controlled/minimized;
d) all materials used in the maintenance, repair and replacement of any of the
Project Facilities shall meet the Design Requirements and Construction
Requirements;
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1. Prior to making application for the Readiness Certificate the Concessionaire shall finalize in
consultation with the engineer in-charge / TPE:
a) The O&M Manual (including the formats for the reports to be submitted during
the Active Operations Period and the Post Closure Period)
b) The O&M Plan, for the first year of operations.
Six weeks prior to the anniversary of Call of Duty (COD) each year, the Concessionaire shall
submit to the engineer in-charge / TPE and DSIIDC, an annual O&M Plan for the next year of
operations.
2. Format of Operations Plan
a) General
Pursuant to this Agreement, the Concessionaire shall prepare an Operations Plan in accordance
with this section.
b) Basic Components
The Operations Plan shall consist of the following:
i. Implementation plan, specifying the completion dates for each procedure and
activity involved therein.
ii. Technical plan specifying the completion dates for each procedures and
activities involved therein
c) Implementation Plan Requirements
i. The Concessionaire shall give proposed time lines broadly in the following
format:
i.a The Concessionaire shall give a detailed schedule of implementation of
the Construction Requirements of the Project Facilities and the Design
Requirements of the Project Facilities and which shall specify the major
milestones for construction, procurement, financial close, soft launch,
documentation formats and COD;
i.b The Concessionaire shall give a detailed schedule and timelines for the
trial run of the Project prior to the COD.
i.c Manpower deployment plan, including the designation of key
personnel for the management and supervision of all activities
associated with the Project. (This would include the designation of
suitably qualified personnel for areas such as Project administration
and supervision, construction management, vehicles and equipment
DSIIDC 95
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DSIIDC 96
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DSIIDC 97
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ii. Electricity: The facility shall be equipped with sufficient electrical capacity to
power all electrical equipment located on the site with backup arrangement.
iii. Sanitary Facilities: The permanent office building shall be equipped with a
shower area, washrooms, toilets, and a change area to handle all employees.
b. Adequate lighting system to achieve a minimum lux level of 20 for the working area
shall be provided. Street lighting with permanent steel light posts for internal roads and
access roads. Movable heavy duty focus lamps depending on the operational
requirements
c. The maintenance of the transfer station shall be at par with Good Industry Practice and
shall have all arrangements to meet emergency situations such as fire hazards as per
Applicable Laws
d. The waste collected from various industries shall be taken to processing or disposal site.
The waste collected from the sources of generation could be temporarily stored at
“Transfer Stations” and then from here it could be transported in bulk to the
processing/ disposal sites.
e. The waste shall be directly collected from the industry.
f. Dumping of the Waste on floor/ ground shall be avoided.
3. The concessionaire shall get the industrial waste tested by a CPCB authorized laboratory for
hazardous waste. The same shall be done in accordance with CPCB guidelines, Hazardous
Waste Management Rules 2008.
V. Transportation of Waste
1. There shall not be spillage of Waste at the loading point and during transportation to the
landfill.
2. The parameters for upkeep of vehicles and containers are set out below :
Upkeep of vehicles and Each vehicle shall be cleanly washed in the vehicle
maintenance of vehicles wash area of the workshop after every load and all
waste materials sticking shall be properly cleaned and
removed. Vehicles shall undergo periodic check to
ensure integrity.
Containers to be used for collection shall be checked
periodically for integrity in terms of leak proof nature
and properly maintained to ensure no spillage en-
route
DSIIDC 98
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Temporary Storage Waste upon receipt and proper logging and collection
of waste sample shall be stored in the temporary
storage until completion of analysis and decision of
pathway of disposal
3. There shall not be any dislocation or removal of covers of the vehicles during
transportation, exposing the Waste to the open atmosphere and prevent their scattering.
4. The storage facilities shall be daily attended for clearing of wastes. The bins or containers
wherever placed shall be cleaned before they start overflowing.
5. Transportation vehicles shall be so designed that multiple handling of wastes, prior to final
disposal, is avoided.
6. The transportation system shall be designed in synchronization with the collection system.
7. A fitness certificate for each vehicle shall be prepared by the Concessionaire by the end of
first month of every calendar year and given to the engineer in-charge / TPE for verification.
DSIIDC 99
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1. The Concessionaire shall maintain an office at the site for managing the maintenance
activities, receiving and responding to complaints related to maintenance.
2. Interactive Web portal to be maintained for registration of complaints, dissemination of
information, notices and circulars.
3. Establish a coding mechanism to identify easily, the command areas and nodal officers.
4. Establish a standard coding mechanism for all pre-transport vehicles, MSW workers, Street
Corner Bins, Garbage Stations etc. directly related to the coding mechanism of command
areas.
5. Establish the hierarchy of command areas, in the Area of Operations, and nodal officers in
charge of each command area, to ensure that there is no ambiguity or overlap between the
command areas.
6. The previously mentioned “Complaint Redressal Centre” shall be kept operational at all
times on all seven days of a week throughout the year.
DSIIDC 100
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IV. Penalties
1. Non compliance to above listed service standards shall result in penalties as listed bel
DSIIDC 101
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DSIIDC 102
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DSIIDC 103
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DSIIDC 104
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3.E PARKING
I. Procedure
1. The Codes, Standards and Technical Specifications applicable for the design of project
components are:
a) Indian Roads Congress (IRC) Codes and Standards.
b) Specifications for Parking, Ministry of Shipping, Road Transport & Highways
hereinafter referred to as MOSRTH Specifications.
c) CPWD specification for construction of civil and allied works.
d) Any other standards referred to in the Manual and any supplement issued with the
bid document.
2. In the absence of any specific provision on any particular issue in the aforesaid Codes or
Specifications read in conjunction with the Specifications and Standards contained in
this Manual, the following Standards shall apply in order of priority:
a) Bureau of Indian Standards (BIS)
b) British Standards, or American Association of State Highway and Transportation
Officials (AASHTO) Standards, or American Society for Testing and Materials (ASTM)
Standards
c) Any other specifications/ standards proposed by the Concessionaire and reviewed
by the engineer in-charge / TPE.
DSIIDC
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b) Manpower deployment plan, including the designation of key personnel for the
management and supervision of all Project activities. (This would include the
designation of suitably qualified personnel for areas such as contract administration
and supervision, construction management, safety measures, environmental
management, plant and equipment maintenance, procurement, materials
management and quality control) Concessionaire will have to set up an adequately
furnished site office for the team deployed on the project;
c) A broad method statement for key items setting out the methodology of
construction, materials and construction equipment mobilisation/ utilisation plans,
broad output calculations and details of the quality assurance and quality control
procedures.
d) Format of the weekly (for the duration of construction) report giving details of the
physical progress in implementation of the Project and operations and maintenance
activities undertaken (Weekly Progress Report).
3. Prior to commencement of any construction activity, the Concessionaire shall finalise in
consultation with the Designated Authority an operations and maintenance plan during
the Construction Period (“O & M Plan – Construction Period”) and which shall, include
the following :
a) Safety management programme including an Emergency Response Protocol;
b) Environmental Management Plan;
c) Quality Assurance Plan.
4. Prior to commencement of construction, the Concessionaire shall:
a) Obtain all such Applicable Permits as are necessary to commence such works;
b) Finalise execution documents as are necessary and the execution Schedule;
c) Finalise the source and adequacy of supply of water and power for the execution
period with required permits from concerned authorities;
d) Mobilise the requisite resources, personnel and organisation necessary for the
same and designated and appointed suitable officers/ representatives as it may
deem appropriate with responsibility to supervise implementation of the Project
and for exchange of information with the DSIIDC;
e) Finalise a method statement setting out details of the actual methods that would
be adopted by the Concessionaire for the execution of such works including details
of equipment and machinery, plantation, fertilizers that would be used, their
locations, and arrangements for conveying and handling materials;
f) Finalise quality assurance and quality control procedures to cover all aspects of the
work so as to ensure the desired quality.
DSIIDC
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g) Inform likely affected plot owners / users, minimum 48 hours in advance, about the
commencement of any execution work.
DSIIDC
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of the tests to be carried out and specifications to be achieved for the respective
Project Facilities/Construction Works or part thereof shall be agreed upon with the
engineer in-charge / TPE prior to commencement of construction works.
12. The Concessionaire shall provide such assistance, labour, electricity, fuels, stores,
apparatus and instruments as are normally required for examining, measuring and
testing any materials or plant and shall supply samples of materials, as required by the
engineer in-charge / TPE to undertake Tests. Concessionaire shall also provide office
space and basic office infrastructure for engineer in-charge / TPE.
13. A copy of the results of tests conducted by the Concessionaire shall be sent by the
Concessionaire to the engineer in-charge / TPE and the designated authority.
14. No part of the Construction Works shall be covered up or put out of view before the
same has been examined by the engineer in-charge / TPE.
15. The Concessionaire shall arrange for all the material requirements for the Project and
disposal of all material wastes. The Applicable Permits in this regard would have to be
obtained by the Concessionaire. All excess and unsuitable excavated materials shall be
piled at appropriate designated places and disposed of by the Concessionaire in
consultation with the engineer in-charge / TPE and the relevant municipal regulations.
16. The Concessionaire shall take all measures to mitigate any disruptive effects of
construction such as noise, dust pollution, threat to the property and functioning of the
operating industries or any other disruption.
DSIIDC
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I. General
A. The materials, mixes and construction practice shall meet the requirements prescribed
herein and MOSRTH Specifications / IRC Specifications, unless specified otherwise.
B. Where existing conditions such as solid waste and construction waste dumping, poor
drainage, encroachment, etc. are found to exist, adequate measures shall be adopted
to deal with such site conditions.
C. Sourcing of all materials as well as compliance with environmental requirements under
the applicable laws in respect of all works to be executed shall be the responsibility of
the Concessionaire. All materials shall be incorporated in the work only if they are
tested and found to meet the relevant codes and standards requirements, and, in the
absence of any such provision, conform to the best industry practice.
D. The quality of materials and work shall meet the requirement of Clause 900 of MOST
specifications to the extent relevant and applicable. The decision with regard to the
relevance and applicability of the Clause shall rest with the engineer in-charge / TPE.
The quality of materials and work that are not relevant to the MOST specifications shall
meet the requirements of other relevant standards that are followed for the work
always provided that manufacturer’s testing and certification is made available for the
manufactured materials.
B. The minimum dimensions of a surface car and truck parking bay shall be as per IRC SP
12 – 1973, however revised space requirement for large trucks and truck-trailers used
in industrial goods movement currently shall be considered in consultation with the
engineer in-charge / TPE.
C. The length of parking rows shall be limited to a maximum of 20-25 contiguous spaces
with landscaped breaks.
D. Adequate shade by planting large canopy trees along parking rows at regular intervals
shall be provided to mitigate urban heat island effect.
E. Storm water shall be effectively managed by the provision of drainage within the
parking area and disposal into external stormwater drains. Permeable surfacing /
paving material shall be preferred to enable stormwater infiltration.
DSIIDC
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F. No parking bay shall be demarcated such that the vehicle backs onto a public
thoroughfare.
B. Where construction specification for any component of work is not provided for in
MOST specifications, construction shall be carried out in accordance with international
specification, or best industry practice, or the specifications provided by the
manufacturer or provider of the system subject to review by DSIIDC. The concessionaire
shall remain responsible for construction with regard to its adequacy, safety, and
durability regardless of any review and comments by the engineer in-charge / TPE /
DSIIDC. In case, concessionaire chooses to adopt new material, technology and
construction methodology, he shall first sample test the same to demonstrate that the
proposed material/technology/methodology can be successfully implemented to
achieve the specified performance levels of the Project road. These processes shall be
subject to the review and comments of the engineer in-charge / TPE.
C. All the construction equipment shall have the required capacity to meet the output
requirements of works under the agreement and shall have mechanical, hydraulic,
electronic and other controls, manual or automatic, as required for meeting the
construction requirements.
DSIIDC
Schedules to Concession Agreement
I. General
The concessionaire is required to maintain all parkinbg lots, pedestrian pathways, etc. as per
the design and specification. The maintenance of all the elements through out the period of
concession is part of the scope of work.
D. In the design, planning and implementation of all works and functions associated with
the operation and maintenance of the Parking facility, the Concessionaire shall take all
such actions and do all such things (including without limitation, organizing itself,
adopting measures and standards, executing procedures including inspection
procedures, and engaging contractors, if any, agents and employees) in such manner, as
will :
DSIIDC
Schedules to Concession Agreement
B. Six weeks prior to the anniversary of COD each year, the Concessionaire shall submit an
annual O&M Plan for the next year of operations.
i. Repairing the edges of the parking/ kerbs. Cleaning out drains. cutting
grass etc., where carriageway is not effected.
ii. Repainting the parking lanes.
Concessionaire shall maintain all greenery in the parking facility throughout the year. He shall
also ensure that adequate number of lighting arrangement is made for safety of vehicles and
road users. The Concessionaire shall deploy adequate security staff at all times during the
Concession period.
B. Reporting Requirements
DSIIDC 112
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The periodicity of inspections for maintenance activities by the Concessionaire shall be set out
in the O&M Manual and regular reports on the same shall be sent to the engineer in-charge /
TPE. Where required, the Concessionaire shall carry out any maintenance, repair or
rehabilitation works found necessary because of such inspections.
VII. Miscellaneous
a) The Concessionaire shall maintain an inventory of all items comprised in the Parking
facility (the "Inventory"), in a format to be developed in consultation with the
engineer in-charge / TPE.
b) Throughout the Concession Period the Concessionaire shall keep the Inventory
updated to take account of works carried out on and other changes made to the
Parking facility.
DSIIDC 113
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I. General
A. The parking lots to be kept free of litter and debris
B. Examples of litter include cigarette butts, tissue paper, food wrappings, newspapers,
and larger items like abandoned appliances.
C. Examples of debris include limbs, rocks, and any other item that impedes the use of the
parking lot or roads
D. When present, 90% of curbs in parking lots and roads shall be intact.This standard mostly
applies to asphalt curbs (a.k.a. berms) in regional parks, but if it is present in other parks,
this element shall be assessed.
E. Parking lots shall be free of standing water two days after rain or two hours after
irrigation. This standard shall apply all year long
II. Lighting
A. All parking lots to be properly and adequately lit.
C. The open parking lots shall be adequately lit with average illuminance levels maintained
at 10 lux an 0.4 of overall uniformity ratio.
Maintained illuminance values for open parking lots for enhanced security
Basic Enhanced Security
Minmum horizontal illuminance 2 5
Uniformity ratio maximum to miinimum 20:1 15:1
Minimum vewrtical illuminancae 1 2.5
The covered parking lots shall have the basic illuminance levels as shown in table
below.
DSIIDC 114
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Basic
Minmum horizontal illuminance 10
Uniformity ratio maximum to miinimum 10:1
Minimum vewrtical illuminancae 5
D. There shall be provision for emergencty lighting for saftey and security requirement in
case of power outage.
a) The emergency lighting can be battery powered lighting systems, backup by
generator or inverter, using emergrency lighting fixtures etc.
b) In case of power failure the emergency lighting system shall be immediately
activated without delay.
E. The fixutures used shall be of three types
c) High-intensity discharge (HID) lamps
d) Metal-halide and high-pressure-sodium lamps.
e) Clear (uncoated) lamps ( Modern luminare optical system)
F. Energy efficient fixtures such as induction lighting ,metal halide lamps etc can be used.
G. Fixtures shall also fulfill asthetical appeal not just functiional requirement.
H. Provide for bollards and lower scale pole fixtures for pedestrain routes.
III. Landscaping
A. The landscaped trees in parking lots shall not be deciduos.
B. Minimum width provided for landscaped hedges in parking lots shall not be less than
1200 mm.
C. Minimum width provided for landscaped trees in parking lots shall not be less than
3000 mm.
D. The tress shall have a clear depth of soil upto 900 mm.
F. All low height plantations shall be upto a height of 1m maximum wherever a clear
unobstructed vision is required for the road.
G. The pedestrian pathways along parking lots shall not be less than 1700 mm
IV. Surfaces
A. Parking lots and roads shall be evenly surfaced.
B. Parking lots shall be free of potholes greater than 150mm in diameter and/or depth.
DSIIDC 115
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C. Use material that are light in color for the surfaces in parking lots such as concrete ,
asphalt, etc.
D. All Interlocking pavers used shall be installed as per the specifications provided by the
manufacturer.
E. Permeable and porous pavers to be installed keeping in mind maximum and minimum
slope angle to be maintained.
F. Pavers shall be laid by skilled labor with care taken to maintain straight and true lines.
V. Grievance Redressal
A. The Concessionaire shall maintain an office at the site for managing the maintenance
activities, receiving and responding to complaints related to maintenance.
D. The system shall be based on response time the complaint of the complainant shall be
acknowledged within specified time limit.
DSIIDC 116
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DSIIDC 118
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DSIIDC 119
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3.F HORTICULTURE
I. Procedure
1. The Codes, Standards and Technical Specifications applicable to horticulture and landscaping
and any related construction and infrastructural layout are
a) CPWD Guidelines,
b) Delhi Schedule of Rates Specifications.
2. In the absence of any specific provision on any particular issue in the aforesaid Codes or
Specifications read in conjunction with the Specifications and Standards contained in this
Manual, the following Standards shall apply in order of priority:
a) Bureau of Indian Standards (BIS)
b) Any other specifications/ standards proposed by the Concessionaire and reviewed by
the engineer in-charge / TPE.
c) The authority to give relaxation in specifications, to promote time tested local practice
and usage of local material, shall rest with DSIIDC.
DSIIDC
Schedules to Concession Agreement
e) Format of the weekly report giving details of the physical progress in implementation of
the Project and operations and maintenance activities undertaken for the period of
execution.
3. Prior to commencement of any landscaping works, the Concessionaire shall finalize, in
consultation with DSIIDC / engineer in-charge / TPE, an operations and maintenance plan for
the period of execution (“O & M Plan – execution period”) which shall include the following:
a) Safety management programme including an Emergency Response Protocol;
b) Environmental Management Plan
c) Plan for disposal of site debris, earth and green litter
4. Prior to commencement of execution activity, the Concessionaire shall:
a) Obtain all such Applicable Permits as are necessary to commence such works;
b) Finalize execution documents as are necessary and the execution Schedule;
c) Finalize the source and adequacy of supply of water and power for the execution
period with required permits from concerned authorities;
d) Mobilize the requisite resources, personnel and organization necessary for the same
and designated and appointed suitable officers/ representatives as it may deem
appropriate with responsibility to supervise implementation of the Project and for
exchange of information with the DSIIDC;
e) Finalize a method statement setting out details of the actual methods that would be
adopted by the Concessionaire for the execution of such works including details of
equipment and machinery, plantation, fertilizers that would be used, their locations,
and arrangements for conveying and handling materials;
f) Finalize quality assurance and quality control procedures to cover all aspects of the
work so as to ensure the desired quality.
g) Inform likely affected plot owners / users, minimum 48 hours in advance, about the
commencement of any execution work.
DSIIDC
Schedules to Concession Agreement
DSIIDC
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DSIIDC
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DSIIDC 124
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While selecting a sprinkler system, the most important physical parameters to be considered
are:
a) The shape and the size (acres) of the field to be irrigated.
b) The topography of the field.
c) The amount of time and labor required to operate the system.
3. Selecting sprinkler system capacity
4. Concessionaire shall ensure that the sprinkler system is designed to apply water uniformly
without runoff or erosion. The application rate of the sprinkler system must be matched to
the infiltration rate of the most restrictive soil in the field. If the application rate exceeds the
soil intake rate, the water will run off the field or relocate within the field resulting in over
and under watered areas.
5. For efficient system the following shall be adhered to:
a) All irrigation system shall be designed to avoid flooding of the hardscapes due to
overspray.
b) Valves to check high flow shall be installed where damage could occur to property
due to flooding, unless controllers with flow sensors are installed.
c) The spray heads shall be places at a distance from the hardscapes: 450 mm for lawn
& shrub spray heads. A 1200 mm offset for rotor type spray heads.
d) Spacing of spray heads shall not exceed the maximum specification specified by the
manufacturer for proper coverage.
e) No sprinkler system shall be installed in medians strips.
f) Devices with standard specifications shall be installed to avoid backflow of
pressures.
g) If the site has recycled water, it shall be used for irrigation purposes. In this case, a
backup water supply system shall also be kept to use only in case of emergencies.
III. External Lighting
1. Lighting shall be used to accomplish safety and utility goals.
2. Give required effect as per approved lighting plan prepared and submitted to authorities.
a) Lighting shall be provided in areas of heavy vehicular and pedestrian use, areas that
are unsafe if unlit such as stairs, intersections, change in grade etc.
b) All plans shall highlight and detail each fixture provided. All fixtures must adhere to
the minimum lighting levels required as per standards mentioned in this schedule.
c) Lighting plan shall be designed to avoid spillover of light onto adjacent properties.
d) All lighting fixtures shall be designed to be located at a minimum distance of 3 m
from property line or right of way line.
3. All fixtures used shall adhere to the requirement of providing minimum levels of illuminance.
4. There shall be provision for emergencty lighting for saftey and security requirement in case
of power outage.
a) The emergency lighting can be battery powered lighting systems, backup by
generator or inverter, using emergency lighting fixtures etc.
b) In case of power failure, the emergency lighting system shall be immediately
activated immediately.
5. Energy efficient fixtures such as induction lighting ,metal halide lamps etc shall be used.
DSIIDC 125
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6. Fixtures shall also fulfill asthetical appeal not just functiional requirement.
DSIIDC 126
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I. General
1. The Concessionaire shall maintain the green areas to the best of standards, maintaining a
green, clean garden landscape for the entire period of Concession.
2. A fortnightly survey of the horticulture areas shall be carried out and all dead or decayed
plants shall be replaced by new ones. Damaged/dry plants, grass weeds, rubbish etc. shall be
collected and disposed off to the nearest designated solid waste disposal point (dhalao) in
the Industrial Estate.
3. All plants and nursery stock shall conform to the requirements specified in the approved
landscape design.
4. The concessionaire shall maintain the designated green areas in good conditions till the
completion of concession period.
5. The concessionaire shall be responsible for the watch and ward of plants, green belt area,
and plantation area.
6. Any maintenance, renovation works in the green areas shall be carried out so as to not
interfere or effect or disturb other works, being executed by other agencies, if any or the
industrial plot owners.
DSIIDC 127
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iii. The maintenance of trees, shrubs and creepers, by their manuring, watering,
hoeing, pruning and trimming, replacement of old dead by new ones and to
ensure enough supply of air and water. Circular kiaries around the tree trunk
are to be prepared.
iv. Cultivation: Periodic and regular weeding, cutting edges of flower beds, ground
covers, making basins of tree pits and hoeing.
v. Maintenance of the seasonal flower beds with alternation by planting summer
& winter seasonal flower.
vi. Fallen trees and waste wood: Removal from industrial estate and disposal to
proper place of fallen trees and waste wood within a week of occurrence.
vii. Maintenance of edges & hedges: The maintenance of edges & hedges includes
their watering, hoeing of channels, pruning and trimming and replacing old and
dead plants by planting the new saplings.
viii. Maintenance of trees, shrubs and creepers: The maintenance of trees, shrubs
and creepers, by their manuring, watering, hoeing, pruning and trimming,
replacement of old dead by new ones and to ensure enough supply of air and
water. Circular basins around the tree trunk are to be prepared
c) Repair and Replacement: the concessionaire shall carry out all minor repairs to garden
features damaged due to digging in the area, natural calamity or any other reason.
d) Irrigation: Daily adequate watering of all garden features with hosepipe or sprinkler
system in different areas shall be done regularly. All the lawns and play fields shall be
irrigated by sprinkler. The concessionaire must ensure that unnecessary wastage of
water does not occur at any time and must protect the irrigation fitting/hydrant etc.
e) Following process of maintenance shall be adopted for maintenance of green areas
i. Manure: Well-decomposed farmyard manure/organic manure shall be used. It
shall be free from paddy strain stones, earth, weed, seed, extraneous matter,
harmful bacteria, insects, or chemicals.
ii. Fertilizing shall be carried out by application in rotation of the following
fertilizers every days from the beginning of the monsoon till the end of winter:
ii.a. Organic well-rotted dry farmyard manure at the rate of 0.05 cum per
tree.
ii.b. Nitrogen- 15 lbs/1000 Sq.ft Phosphorus - 30 lbs/1000 Sq.ft
ii.c. Potash - 15 lbs/1000 Sq.ft
iii. The concessionaire shall design, supply, and lay the requisite pipeline and
sprinkler system. To reduce the wastage of water sufficient care shall be taken
to throttle the pressure and use shower rose at the end of the water hose.
iv. Damage, failure, or dying back of grass due to heat, pest, decease, deficiency
etc. shall be the responsibility of the Concessionaire.
v. The Concessionaire is to exercise care in the use of rotary cultivator and
mowing machines to reduce to a minimum the hazards of flying stones and
brickbats. All rotary mowing machines are to be fitted with safety guards.
vi. Topsoil/ good earth: Topsoil or good earth shall be a friable loam typical. It shall
be free of subsoil stones, earth clods, stubbles, weeds, or other objectionable
with extraneous matter or debris. It shall contain no toxic material. No topsoil
DSIIDC 128
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DSIIDC 129
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xvi. Pruning: Clipping and training of hedges and edges, trimming of shrub plants,
trees, creepers and bougainvillea, etc. at regular intervals, stacking of plants
whenever and wherever required.
xvii. Nursery: The nursery shall always present a neat and tidy appearance. The
security of all plants including potted plants available in nursery shall be the
responsibility of the concessionaire.
xviii. Material at site: The concessionaire must ensure that all garden machinery
tools/hose pipe etc. are removed from the site or kept out of public view when
not in use.
xix. Fogging: Necessary fogging is to be done by fogging machine using insecticide
of standard brand in the industrial estate to eliminate insects, mosquitoes etc.
This task will be done by the concessionaire in total 12 occasions in the year
Arrangement of carrier/ tractor trolley/ vehicle for fogging is the responsibility
of concessionaire.
2. Irrigation system specifications
Proper design of a sprinkler system does not in itself ensure success. It has to be properly maintained
General principles regarding the maintenance of the pipes and fittings and sprinkler heads are given
below:
a) Pipes and fittings
Concessionaire is required to give attention to following procedures:
i. Occasionally clean any dirt or sand out of the groove in the coupler in which the
rubber-sealing ring fits. Any accumulation of dirt or sand will affect the
performance of the rubber-sealing ring.
ii. Keep all nuts and bolts tight.
b) Sprinkler heads
The sprinkler heads shall be given the following attention:
i. When moving the sprinkler lines, make sure that the sprinklers are not
damaged or pushed into the soil.
ii. Do not apply oil, grease or any lubricant to the sprinklers. They are water
lubricated and using oil, grease or any other lubricant may stop them from
working.
iii. Sprinklers usually have a sealed bearing and at the bottom of the bearing there
are washers. Usually it is the washers that wear and not the more expensive
metal parts. Check the washers for wear once a season or every six months
which is especially important where water is sandy. Replace the washers if
worn.
iv. After several season’s operation the swing arm spring may need tightening.
This is done by pulling out the spring end at the top and rebinding it. This will
increase the spring tension.
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In general, check all equipment at the end of the season and make any repairs and
adjustments and order the spare parts immediately so that the equipment is in perfect
condition to start in the next season.
c) Storage
The following points are to be observed while storing the sprinkler equipment during the
off season:
i. Remove the sprinklers and store in a cool, dry place.
ii. Remove the rubber sealing rings from the couplers and fittings and store them
in a cool, dark place.
iii. The pipes can be stored outdoors in which case they shall be placed in racks
with one end higher than the other. Do not store pipes along with fertilizer.
iv. Disconnect the suction and delivery pipe-work from the pump and pour in a
small quantity of medium grade oil. Rotate the pump for a few minutes. Blank
the suction and delivery branches. This will prevent the pump from rusting.
Grease the shaft.
v. Protect the electric motor from the ingress of dust, dampness, and rodents.
d) Trouble Shooting
The following are the general guidelines to identify and remove the common troubles in the
sprinkler systems:
i. Pump does not prime or develop pressure
a. Check that the suction lift is within the limits. If not, get the pump closer to
the water.
b. Check the suction pipeline and all connections for air leaks. All connections
and flanges shall be airtight.
c. Check that the strainer on the foot valve is not blocked.
d. Check that the flap in the foot valve is free to open fully.
e. Check the pump gland (s) for air leaks. If air leaks are suspected, tighten the
gland (s) gently. If necessary repack the gland (s) using a thick grease to seal
the gland satisfactorily.
f. Check that the gate valve on the delivery pipe is fully closed during priming
and opens fully when the pump is running.
ii. Sprinklers do not turn
a. Check pressure.
b. Check that the nozzle is not blocked. Preferably, unscrew the nozzle or use a
small soft piece of wood to clear the blockage. Do not use a piece of wire or
metal as this may damage the nozzle.
c. Check the condition of washers at the bottom of the bearing and replace
them if worn or damaged.
d. Check that the swing arm moves freely and that the spoon which. Moves
into the water stream are not bent by comparing it with a sprinkler, which is
operating correctly.
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e. Adjust the swing arm spring tension. Usually it shall not be necessary to pull
up the spring by more than about 6 mm.
iii. Leakage from coupler or fittings
The sealing rings in the couplers and fittings are usually designed to drain the
water from the pipes when the pressure is turned off. This ensures that the
pipes are automatically emptied and ready to be moved. With full pressure in
the system the couplers and fittings will be effectively leak-free. If, however,
there is a leakage, check the following:
a. There is no accumulation of dirt or sand in the groove in the coupler in
which the sealing ring fits. Clean out any dirt or sand and refit the sealing
ring.
b. The end of the pipe going inside the coupler is smooth, clean, and not
distorted.
c. In the case of fittings such as bends, tees and reducers ensure that the
fitting has been properly connected into the coupler.
3. Guidelines for Inspection
1. The Concessionaire shall do periodic inspections of the green areas for its beautiful
appearance as per the terms of the Concession Agreement. The inspections shall cover the
following elements of the green areas in the estate
a) All lawn areas.
b) Shrubs and hedges in garden
c) Lighting in green areas
d) Irrigation system
2. The Concessionaire shall follow three types of inspection
a) Visual Inspection
Visual Inspection: Visual inspections are broad general inspections carried out quickly and
frequently by the horticulturist having in-depth knowledge of the landscaping and
horticulture. The purpose of this visual inspection is to report the deficiencies, defects and
damages, which could lead to disgraced appearance of green area and road greenery. Such
inspections shall be frequent. The visual inspection may be carried out by visual assessment
with careful observation of the specific object/item of the green areas for identification and
for quantification of the deficiencies or damages of the same.
b) Close Inspection
Close Inspection: The close inspection may be visual and/or supplemented by standard
instrumental aides for assessment of defects/deficiencies of the Green areas with careful
observation of specific element(s). The close inspection may be daily / periodic but it is more
intensive and would require detailed examination of the Green areas. It shall cover all the
aspects of the specific elements of Green areas against a checklist. The close inspections are
to be carried out frequently depending upon the nature and type of the element of Green
areas. This inspection is to be carried out by the Horticulturist having good knowledge of
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facilities of similar nature and theoretical background to analysis the nature, and extent of
defects/ deficiencies, suggests suitable remedial measures to rectify/ remedy them.
c) Thorough Inspection
Thorough Inspection: A thorough inspection is comprehensive and detailed for assessment
of defects/deficiencies of the Green areas by visual inspection or with aid of standard
equipment where necessary. Such an inspection is to be carried out based on
comprehensive checklist of items related to the plant materials, its condition, and situation.
The checklist is to be prepared meticulously well in advance of inspection.
4. Performance Standards For Operations & Maintenance
1. The O&M of horticulture works of Industrial estate shall be carried out to maintain the
performance-standards, which shall comprise, but shall not be limited to that described
below.
2. The performance levels define the level at which the Project Green areas is to be operated &
maintained. Performance standards are defined for both the operation and maintenance.
3. The obligation of the Concessionaire with respect to Maintenance requirements shall
include the rectification of the defects and deficiencies within the time limit set forth against
such deficiency or defect.
5. Documents To Be Maintained
1. The concessionaire shall be required to maintain the following documents:
a) Logbook(s) of daily events
b) Complaint Register
c) Plant materials
d) Manure and fertilizers
e) Seeds and seedlings
2. During the O&M phase, the Concessionaire shall submit the various reports to the
Maintenance Board, which are mentioned below.
3. The Concessionaire shall prepare a register in which close inspections on a monthly basis of
Green areas and maintenance undertaken shall be jotted down.
4. The Quarterly progress report is to be submitted to the department of industries within 10
days of the Maintenance Board meeting, which will be held every quarter. It shall contain
details of meetings, decisions taken.
5. The Handing over Report is the final report to be submitted by the Concessionaire to the
Maintenance Board after completion of the Concession period. The report shall contain the
summary of method of operations and maintenance; supervision performed, problems
encountered and remedial measures undertaken during the Concession Period. It shall
contain an updated assets register incorporating the condition of maintenance works
undertaken for each of the green areas.
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v.g Holes. The manual specifically describes and defines the quality
standard(s) for each particular feature.
Landscaped and Hardscaped Areas,
1. Lawns
Surface condition of landscaped areas is to be inspected, particularly lawns.
No. Measured element Standard description with unit of measure
(if applicable)
1.1 Cleanliness a.Turf is free of litter.
b. Turf is free of organic debris that impedes mowing.
Note: At a park, the standard is met if no more than 5 pieces of litter or debris,
lightly scattered, are visible in a 25’ by 25’ area or along a 100’ line
1.2 Color 80% of turf area is to be fairly green.
1.3 Density and 80% of turf area is to be free of bare spots
spots
1.4 Drainage/ 80% of turf area is to be free of standing water two days after rain
flooded areas or two hours after irrigation.
Note: Standard applies all year
1.5 Edged 80% of edges are clearly defined and shall have less than four (4)
inches of growth over adjoining landscape.
1.6 Height/ Lawns are mowed and kept at a uniform height of less than ankle
mowed height
1.7 Holes. Noticeable from a ten (10) feet distance, lawns shall be free of
visible holes greater than six (6) inches in diameter and/or depth
Notes:
The standard is met if no more than 10 pieces of litter or debris, lightly
scattered, are visible in a 25’ by 25’ planted area or along a 100’ line.
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100% of ornamental gardens, shrubs, and ground covers shall have appropriate
size and shape for their location.
Note: The size and shape shall be common to species and shall not
impede pathway nor block sight lines and landmarks, unless they are
deliberately designated barriers.
2.2 Plant Health 90% or more of each ornamental gardens, shrubs, and
ground covers shall be free of weeds and 100% free of
vines overtaking ornamental plantings.
3. Trees
Trees surrounding paved paths, sitting areas, and open spaces –excluding natural areas.
Notes: For mini parks, neighborhood parks, the standard is met if no broken or
hanging limbs greater than four (4) inches in diameter are visible
3.2 Plant Health All trees are alive and 90% of trees shall be free of damage (e.g.,
dead limbs, brown foliage, damaged bark).
Note: With the exception of open spaces including natural areas, the standard is
not met if any tree is dead.
Notes:
The standards are met only if all of the following conditions are
met:
a.No more than five (5) pieces of litter shall be lightly scattered in
any 25’ by 25’ area or along a 100’ line;
b. No debris obstructs passage
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4.2 Drainage/ At least 95% of observed hardscape area shall be free of standing
flooded areas water two days after rain or two hours after irrigation.
4.3 Graffiti There shall be is no tolerance of graffiti. If graffiti is observed, it
must be reported to the department to be abated within 48 hours
4.4 Surface Paved surface is free of irregularities in grade greater than half
quality an inch (0.5’’) and is free of cracks and holes greater than two
(2”) inches in diameter and depth.
4.5 Free of Weeds At least 95% of paved surfaces are free of weeds
5. Open Space
Any open space, which is an undeveloped park area that may have a planted area not actively
maintained. Open space is neither an actively used park land nor a designated natural area, such as
right of way patches or unimproved lots.
Notes:
In open space, the standard is met if no more than 15 pieces of
litter are visible in a 50’ by 50’ area or along a 200’ line.
Amenities and Structures
1. Grievance Redressal
1. The Concessionaire shall maintain an office at the site for managing the maintenance
activities, receiving and responding to complaints related to maintenance.
2. Interactive Web portal to be maintained for registration of complaints, dissemination of
information, notices and circulars.
3. The Concessionaire shall ensure the deployment/availability of adequate number of trained
personnel to respond to complaints and carry out the activities listed above.
4. The system shall be based on response time the complaint of the complainant shall be
acknowledged within specified time limit.
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5. The Redressal time shall be task specific and has been stated with the defined penalty.
2. Non compliance to standards shall result in penalties as highlighted below
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NO. REFERENCE MINIMUM POINTS MAXIMUM OCCURENCES SUM OF POINTS INFRACTION SCORE
A B C D=B X C E≥D
1 1G 5 6 30 30
2 2G 10 3 30 30
3 3G 5 6 30 30
4 4G 5 6 30 30
5 5G 5 6 30 30
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optics shall be suitable for adjustment of toe-in/throw and spread to suit different road
widths and spacing
6. IP66 protection for optimum performance over lifetime
7. Luminaries shall be duly chromatised and coated with pure polyester to minimum 45
micron thickness. Color/shade of luminaries shall be as per IS-5 matching in color shade
& tone with the Galvanized pole.
8. Toughened heat resistant glass, sealed with gasket and SS toggles, or any other suitable
alternative arrangement.
9. Luminaries shall have a Electro Magnetic Choke
10. Choice of self stopping igniters
11. Luminaries shall be open from top and fixed with the help of two (nos) clamps
12. Luminaries conforming to IEC60598
a) Light Fittings suited for 150W Ceramic Discharge Metal Halide Lamps for Slip Roads
/Service Roads
i. Luminaries housing shall be completely made of High Pressure Die Cast
Aluminum (corrosion resistant).
ii. Aerodynamic shape with the adequate strength to stand maximum wind speed
as per IS:875.
iii. Precision optical system for tubular lamp, Optical compartment duly brightened
and anodized aluminum. The optics shall be suitable for adjustment of toe-
in/throw and spread to suit different road widths and spacing.
iv. IP66 protection for optimum performance over lifetime
v. Luminaries shall be duly chromatised and coated with pure polyester to
minimum 45-micron thickness. Colour/shade of luminaries shall be as per IS-5
matching in color shade & tone with the Galvanized pole.
vi. Toughened heat resistant glass sealed with gasket and SS toggles, or any other
suitable alternative arrangement.
vii. Luminaries conforming to IEC 60598
b) Pedestrian Crossing Lights suitable for Metal Halide Lamps
i. Pressure die cast aluminum housing with epoxy-polyester powder coating
ii. Aerodynamic & compact design with ergonomic shapes for elegant appearance
iii. Lamp and gear compartment integrated together provide fast access to lamp as
well as gear components to the user.
iv. High quality pre anodized aluminum stippled reflectors specially stitched to
offer axially symmetric wide beams.
v. Ergonomic and rugged bracket for mounting on horizontal surfaces, walls,
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additionally reinforced with a welded steel section, so that the section at door is
unaffected and undue bucking of the cut section is prevented.
d) Galvanization: The poles shall be single dip, hot galvanized as per IS: 2629/IS 2633/IS
4759 standards with minimum coating thickness of 65 microns.
e) Base Flange: The base plate shall be fabricated from steel plate free from laminations
and mounted on RCC Foundation.
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l) Various quality control tests would be undertaken for the Project as per the
standards prescribed by Bureau of Indian Standards and Indian Electricity Rules and
conforming to Quality Assurance Plan. Where no testing methods are specified by
the said standards, details of the tests to be carried out and specifications to be
achieved for the respective maintenance works or part thereof shall be agreed upon
with the engineer in-charge / TPE prior to commencement of the maintenance
works.
m) The Concessionaire shall provide such assistance, labor, electricity, fuels, stores,
apparatus and instruments as are normally required for examining, measuring and
testing any materials or plant and shall supply samples of materials, as required by
the engineer in-charge / TPE to undertake Tests. Concessionaire shall also provide
office space and basic office infrastructure for engineer in-charge / TPE.
n) A copy of the results of tests conducted by the Concessionaire shall be sent by the
Concessionaire to the engineer in-charge / TPE and the designated authority.
o) No part of the maintenance Works shall be covered up or put out of view before the
same has been examined by the engineer in-charge / TPE.
p) The engineer in-charge / TPE may from time to time require:
i. removal from the Project Site, within such time as may be specified in its
instructions, any material, equipment, machinery or plant which, in its
opinion, do not meet the standards specified in the maintenance
Requirements;
ii. substitution/ replacement of such improper material, equipment,
machinery or plant;
q) Re-Execution, of any or part of the maintenance Works which in the opinion of the
engineer in-charge / TPE do not meet the standards set out in the maintenance
Requirements;
r) The Concessionaire shall arrange for all the material requirements for the Project
and disposal of all material wastes. The Applicable Permits in this regard would have
to be obtained by the Concessionaire. All excess and unsuitable excavated materials
shall be piled at appropriate dumping places or otherwise disposed of by the
Concessionaire in consultation with the engineer in-charge / TPE.
s) The Concessionaire shall take all measures to mitigate any disruptive effects of
construction such as noise, dust pollution, threat to the property and functioning of
the operating industries or any other disruption.
3. O& M requirements
1. The concessionaire shall be fully responsible for providing streetlight in the road
divider. The ‘Concessionaire’ shall use guaranteed quality items for better efficacy and
performance standards for the lamps fittings and electrical materials used during
concession period.
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a) Operation and maintenance of all the tube lights, mercury, metal halide lamps, and
S.V. lamp fixtures and equipments under the project area shall have to be carried
out by the concessionaire Pilot demonstration will have to be carried out before any
replacement. The equipment shall be suitable for operation for an input voltage of
170V-270 V.
b) The light fittings/accessories need to be purchased from authorized manufacturers,
the brand confirming to IS standards only.
c) The Concessionaire during concession period shall replace/change the burn out /
failed / malfunctioning lamps and accessories with the specifications / approved list
(make/brand/wattage rating etc.).
d) Concessionaire shall undertake regular cleaning of the light fittings to remove the
dust, deposits, and water accumulated, if any at least once in three months as part
of O & M. The poles will be painted at least once in two years. He shall not advertise
any massage pertaining to liquor, prohibited goods, observe in nature or which any
hurt the political or religious sentiments of the public. Concessionaire is not
permitted to display any board advertising his agency/product or any other
advertisement boards on the street light poles
e) Concessionaire shall maintain the street light poles neatly and remove the bunting,
threads, banners and pruning of tree branches around the fittings for uninterrupted
illumination and as and when required. Inspection of main earthling arrangements,
gaskets, the tracing of defects and broken lamps, and control of switching
equipments shall be carried out regularly.
f) Concessionaire has to keep full security of the existing street light fittings, MCB
boxes, and other components of the street lighting system etc., of his area of
operation and will replace such items immediately.
2. Maintenance: Routine, Preventive, Minor & Major maintenance of lighting poles,
fixtures and allied accessories
a) The concessionaire shall prepare schedule of daily maintenance & preventive
maintenance of all the street light fittings, MCB boxes, feeder pillars operated & run
by him in the premises. The schedule shall be as per the guidelines Indian Electricity
rules & as per the O& M manual. The scope covers Routine, Preventive, Minor &
Major maintenance of all major minor equipments, electric poles, fittings,
accessories etc.
b) The concessionaire will be responsible to carry day-to-day as well as periodic
maintenance, necessary to ensure smooth and efficient performance/running of all
lighting poles.
3. Monitoring and Reporting System
a) Concessionaire is required to complete the task of numbering of the Street Light
poles for easy identification and paint them with unique code number. The
concessionaire needs to do the numbering of all un-numbered poles including those,
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which added, changed, modified during the concession period as per the format
developed for the purpose.
b) Similarly, he is required to have the circuit/ward wise databank & single line diagram
and master registers comprising of pole number, type of fitting, area and crosses
along with control and metering points indicated therein etc. and shall facilitate
updating /modifying whenever the changes occur in the system during concession
period.
c) The concessionaire needs to have a central complaint room/booth accessible by
telephone and internet to receive the complaint for each of the zone; such a
complaint room needs to work from 12 hours in a typical working day.
d) Concessionaire shall maintain a master complaint register facility and computer
based entries in the prescribed Performa furnished by the DSIIDC for the purpose of
recording and attending complaints received from the public either in writing or
through telephone in the format set up in by DSIIDC.
e) Concessionaire shall prepare the database of burning status of lamps every day and
the consolidate list for every week shall be submitted weekly report to the
authority as per the format.
f) Concessionaire shall store the new stock of lamps & accessories to carry out the day-
to-day maintenance work in store and the same shall be located in the local body
premises or premises authorized by DSIIDC. The DSIIDC has the right to inspect the
store at any point of time, regarding the brands quoted by the concessionaire in
conformity with the technical specifications and quality check, without prior notice
to the concessionaire. The concessionaire shall also maintain the stock incoming and
withdrawal details
g) All the consolidated reports as mentioned above during the month shall be
submitted to “Authority” monthly basis. The authority will analyze these reports
along with their own reports to relate the total material used, burning status of
lamps, public complaint register to assess the quality of the work and for any
discrepancies in the work execution.
4. Technical Audit
The DSIIDC has the right to conduct a technical audit of the maintenance works and to perform
any analysis or inspection he deems necessary. Such audits may cover all or any of the
obligations of the Concessionaire, including without limitation,
a) Verification of the street lighting system capacity and save for normal wear and tear
during the O&M Period
b) Sampling, testing and verification of the performance Standards lighting system.
5. Facility Visits
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At any time or at the end of each twelve-month period, or at the initiative of the DSIIDC, a visit
shall be organized so that both parties can check the condition of the street lighting and its
maintenance works in the estate.
4. Operation And Maintenance Manual
1. The O&M Manual shall include the daily, weekly, monthly, and quarterly, half-yearly
and annual checks. Remedies if necessary to be performed for effective operation of
the street lighting, elaborate detail, all operating and maintenance procedures and
policies that are required, advisable, and / or necessary to achieve full compliance
with the operational guarantees and to achieve maintenance and repair standard for
the estate, which will ensure compliance with the maintenance specifications.
2. The concessionaire shall annually fully review, revise, update, and modify the O&M
Manual as may be necessary or appropriate. Any revision to the O&M Manual shall
be subject to the review and approval of DSIIDC.
3. DSIIDC shall have the right to require revisions to the draft O&M Manual, as it may
deem appropriate. The concessionaire shall prepare and submit to DSIIDC, for its
review and approval, 30 days prior to the proposed date of commencement of O&M,
a revised draft O&M Manual that reflects all changes, revisions, and modifications.
The concessionaire shall prepare the O&M Manual, as approved by the DSIIDC, prior
to the start of O&M.
4. Taking Over
a) The street lighting system comprising of lighting poles, fittings, fixture, feeder pillars,
MCBs etc. will be taken over by DSIIDC on satisfactory completion of the concession
period provided that
b) The lighting system /equipment are in good, smooth working condition.
c) In case of major repairs /replacement of equipment, the performance guarantee for
such unit/equipment is extended by six months, from the date of putting back in to
satisfactory operation of such equipment .In case such putting back is at the end of
completion of operation & maintenance period all records of operation &
maintenance are handed over to DSIIDC in proper condition.
d) The Third Party Inspection of the street lighting system and equipments has to be
carried out & the defects unsatisfactory working performances of the equipments
are to be corrected by the concessionaire. The necessary Third Party inspection
Charges are also to be borne by the concessionaire.
e) In case taking over is delayed on account of concessionaire's failure, the operation &
maintenance period will be extended further till it meets the requirement without
any extra cost to DSIIDC. The concessionaire will also be penalized for such delays.
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5. Real Time Based Automatic operation of lights has to be done depending upon
seasonal variations of sunset and Sunrise timings. Operation times shall be
programmable for fortnightly.
6. Energy metering and monitoring, to assess the exact consumption so that corrective
actions can be taken accordingly.
7. Replacing traffic signal lights with LED lamps.
E. Grievance Redressal
1. The Concessionaire shall maintain an office at the site for managing the maintenance
activities, receiving and responding to complaints related to maintenance.
2. Interactive Web portal to be maintained for registration of complaints, dissemination of
information, notices and circulars.
3. The Concessionaire shall ensure the deployment/availability of adequate number of
trained personnel to respond to complaints and carry out the activities listed above.
4. The system shall be based on response time the complaint of the complainant shall be
acknowledged within specified time limit.
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Quarterly penalty – Beyond the time of rectification, the concessionaire shall start accumulating points as specified in Column E
(Performance Target) in the table above. If the aggregate of the quarterly points reach beyond the threshold of 100 points
(accumulative of parking, street lighting, horticulture & Solid waste management), the total points so accumulated go to the “Annual
penalty”; if the total points do not cross the threshold, these points lapse and there are no penalty points for the quarter.
Annual penalty – If the total quarterly penalty in each / any services crosses the ‘Quarter Threshold’ for that service, it is accumulated
to an Annual Penalty. Based on the criticality of infrastructure annual weightage is given to points thus accumulated. If the Annual
Score exceeds the sum of the weighted threshold scores EOD is invoked.
3. Major infraction system:
If the concessionaire breaches the major infraction point as specified in Column H, it becomes an event of default.
Threshold Infraction score for Service Level Performance per Quarter
ANNUAL WEIGHTAGE WEIGHTED POINTS
SERVICE POINTS
WS 50 1 50
Effluent 75 0.5 37.5
Roads & SWD 75 0.5 37.5
SWM/SL /P/H 100 0.25 25
SUM 300 150
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3.H MISCELLANEOUS
1. Procedure
A. The Codes, Standards and Technical Specifications applicable for the construction of
boundary wall and any other miscellaneous civil works within the industrial estate are:
a) National Building Codes, IS Codes and Standards
b) CPWD Specifications
c) Any other specifications / standards proposed by the Concessionaire and
reviewed by the engineer in-charge / TPE.
B. All civil construction shall confirm to IS norms for seismic resistance.
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I. During Construction
The Concessionaire shall:
A. Ensure that the materials, mixes and construction practice shall meet the requirements
prescribed herein and CPWD Specifications, NBC, and BIS Codes, unless specified/
approved otherwise.
B. Wherever required Load Tests shall be conducted on structural elements. Incase of
piling work for foundation, vertical load tests and lateral load tests shall be conducted as
per I.S.2911 (Part IV) towards initial load and routine tests.
C. Fly ash as per directives of the Central / State Government to be used wherever
applicable according to the applicable codes. Where any of the standards is silent, Good
Industry Practice shall be followed.
D. The boundary wall construction / civil works carried out does not hinder the surface
drainage of the site and is provide with adequate cross drainage sructures connectivity
to existing channels/ outlets to remove all chances of water-logging / flooding etc.
E. Strictly follow the guidelines as per approved Quality Assurance Plan.
F. Take the necessary precautions to minimize accidents and respond to Emergency as
quickly as possible;
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obtained by the Concessionaire. All excess and unsuitable excavated materials should be
piled at appropriate designated places and disposed of by the Concessionaire in
consultation with the engineer in-charge / TPE and the relevant municipal regulations.
S. The Concessionaire shall take all measures to mitigate any disruptive effects of
construction such as noise, dust pollution, threat to the property and functioning of the
operating industries or any other disruption.
B. Reinforcement
Tor Steel
High strength deformed bars for use as reinforced in concrete shall be of grade Fe 415, Fe 500
and Fe 550 conforming to IS 1786.
C. Brick work
Bricks: FPS bricks of size 22.9 x 11.4x7.0 cm shall be used. The bricks shall be of uniform strength
and have minimum crushing strength of 75kg/sq.cm for class designation 75 and 100kg/sq.cm for
class designation 100.The density shall be 2 ton/m³.
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D. Flyash Bricks
E. Mortar-Specifications as per IS Codes
F. Barbed Wire- Specifications as per IS Codes
G. Steel Sections- Specifications as per IS Codes
H. MS Posts- Specifications as per IS Codes
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I. Solid wall
Brickwork- Brickworks used in the construction of the solid wall shall be repaired
whenever required.
Plastering- damage to plastering on the wall shall be duly repaired
Concreting- the concrete works such as coping etc shall be repaired as and when
required.
II. Fencing on Boundary Wall
Replacement of damaged barbed wire fencing on the boundary wall.
P. Operation and Maintenance Plans for boundary wall
Prior to making application for the Project Completion Certificate for the Project the
Concessionaire shall finalize in consultation with the engineer in-charge / TPE:
3. The O&M Plan for the first year of operations
Six weeks prior to the anniversary of COD each year, the Concessionaire shall submit an
annual O&M Plan for the next year of operations.
Q. Inspection
II. Frequency: The minimum frequency of inspections of boundary wall condition
shall be
S. Type Routine
1.No. Total Length of Boundary Wall Quarterly
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The Concessionaire shall deploy adequate security staff at all times during the Concession
period.
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4 Applicable Permits
Indicative list of statutory approvals required from various authorities for implementation of
projects are provided below:-
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– Environmental Clearances.
– Principal Employer's Obligations under the Contract Labour (Regulation and Abolition)
Act 1970.
– Permits for extraction of boulder from quarry from Additional District Magistrate (ADM)
Mines
– Permit for installation of crusher from village Panchayat and State/General Pollution
Control Board
– Permission from Irrigation Department if earth extracted / taken from irrigation land
– Permission from State Pollution Control Board as per the prevalent norms
– Approval for import of equipment and machinery for construction and operation, if
required
– Hiring of labour on and off the site for the concerned Project shall be as per the norms.
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Scope
These Terms of Reference for the Third Party Engineer (the "TOR") are being specified pursuant
to the Concession Agreement dated *** (the "Agreement"), which has been entered into
between DSIIDC and **** (the "Concessionaire") for development of …………………….. on
Upgrade, Operate, Maintain and Transfer (UOMT) basis, and a copy of which is annexed hereto.
This TOR shall apply to construction and operation and maintenance of the Project Facilities
shall apply, mutatis mutandis, thereof.
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7. Determining, as required under the agreement, the period or any extension thereof, for
performing any duty or obligation;
8. Assisting the parties in resolution of; and
9. Undertaking all other duties and functions in accordance with the agreement.
10. The third party engineer shall discharge its duties in a fair, impartial, and efficient
manner, consistent with the highest standards of professional integrity and good
industry practice.
2. Development Period
1. During the Development Period, the Third Party Engineer shall undertake a detailed
review of the drawings to be furnished by the Concessionaire along with supporting
data, including the geo-technical and hydrological investigations, characteristics of
materials from borrow areas and quarry sites, topographical surveys and traffic surveys.
The Third Party Engineer shall complete such review and send its
comments/observations to DSIIDC and the Concessionaire within 15 (fifteen) days of
receipt of such drawings. In particular, such comments shall specify the conformity or
otherwise of such drawings with the Scope of the Project and Specifications and
Standards.
2. The Third Party Engineer shall review any modified drawings or supporting documents
sent to it by the Concessionaire and furnish its comments within 7 (seven) days of
receiving such drawings or documents.
3. The Third Party Engineer shall review the detailed design, construction methodology,
quality assurance procedures and the procurement, engineering and construction time
schedule sent to it by the Concessionaire and furnish its comments within 15 (fifteen)
days of receipt thereof.
4. Upon reference by DSIIDC, the Third Party Engineer shall review and comment on
contract for construction, operation, and maintenance of the Project Facilities, and
furnish its comments within seven (seven) days from receipt of such reference from
DSIIDC.
3. Construction Period
1. The Third Party Engineer shall review the monthly progress report furnished by the
Concessionaire and send its comments thereon to DSIIDC and the Concessionaire within
7 (seven) days of receipt of such report.
2. The Third Party Engineer shall inspect the Construction Works and the Project Facilities
once every month send preferably after receipt of the monthly progress report from the
Concessionaire, but within the 7th (seventh) day from the end of each month in any
case, and make out a report of such inspection. The "Inspection Report" shall set forth
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an overview of the status, progress, quality and safety of construction, including the
work methodology adopted, the materials used and their sources, and conformity of
Construction Works with the Scope of the Project and the Specifications and Standards.
In a separate section of the Inspection Report, the Third Party Engineer shall describe in
reasonable detail the lapses, defects or deficiencies observed by it in the construction of
the Project Facilities. The Third Party Engineer shall send a copy of its Inspection Report
to DSIIDC and the Concessionaire within 7 (seven) days of the inspection.
3. The Third Party Engineer may inspect the Project Facilities more than once in a month if
any lapses, defects or deficiencies require such inspections.
4. For determining that the Construction Works conform to Specifications and Standards,
the Third Party Engineer shall require the Concessionaire to carry out, or cause to be
carried out, tests on a sample basis, to be specified by the Third Party Engineer in
accordance with Good Industry Practice for quality assurance. The Third Party Engineer
shall issue necessary directions to the Concessionaire for ensuring that the tests are
conducted in a fair and efficient manner, and shall monitor and review the results
thereof.
5. The timing of tests and the criteria for acceptance rejection of their results shall be
determined by the Third Party Engineer in accordance with the Good Industry Practices.
The tests shall be undertaken on a random sample basis and shall be in addition to, and
independent of, the tests that may be carried out by the Concessionaire for its own
quality assurance in accordance with Good Industry Practice.
6. In the event that the Concessionaire carries out any remedial works for removal or
rectification of any defects or deficiencies, the Third Party Engineer shall require the
Concessionaire to carry out, or cause to be carried out, tests to determine that such
remedial works have brought the Construction Works into conformity with the
Specifications and Standards.
7. In the event that the Concessionaire fails to achieve any of the Project Milestones, the
Third Party Engineer shall undertake a review of the progress of construction and
identify potential delays, if any. If the Third Party Engineer shall determine that
completion of the Project Facilities is not feasible within the time specified in the
Agreement, it shall require the Concessionaire to indicate within 15 (fifteen) days the
steps proposed to be taken to expedite progress, and the period within which the
Project Completion Date shall be achieved. Upon receipt of a report from the
Concessionaire, the Third Party Engineer shall review the same and send its comments
to DSIIDC and the Concessionaire forthwith.
8. If at any time during the Construction Period, the Third Party Engineer determines that
the Concessionaire has not made adequate arrangements for the safety of workers and
users in the zone of construction or that any work is being carried out in a manner that
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threatens the safety of the workers and the users, it shall make a recommendation to
DSIIDC forthwith, identifying the whole or part of the Construction Works that should be
suspended for ensuring safety in respect thereof.
9. In the event that the Concessionaire carries out any remedial measures to secure the
safety of suspended works and Users, it may, by notice in writing, require the Third
Party Engineer to inspect such works, and within 3 (three) days of receiving such notice,
the Third Party Engineer shall inspect the suspended works and make a report to DSIIDC
forthwith, recommending whether or not such suspension may be revoked by DSIIDC.
10. If suspension of Construction Works is for reasons not attributable to the
Concessionaire, the Third Party Engineer shall determine the extension of dates set
forth in the Project Completion Schedule, to which the Concessionaire is reasonably
entitled, and shall notify DSIIDC and the Concessionaire of the same.
11. The Third Party Engineer shall carry out, or cause to be carried out, all the Tests
specified in Specifications, Standards, and issue a Completion Certificate or Provisional
Certificate, as the case may be.
12. Upon reference from DSIIDC, the Third Party Engineer shall make a fair and reasonable
assessment of the costs of providing information, works and services and certify the
reasonableness of such costs for payment by DSIIDC to the Concessionaire.
13. The Third Party Engineer shall aid and advise the Concessionaire in preparing the
Maintenance Manual.
4. Operation Period
1. The Third Party Engineer shall review the annual Maintenance Manual furnished by the
Concessionaire and send its comments thereon to DSIIDC and the Concessionaire within
15 (fifteen) days of receipt of the Maintenance Manual.
2. The Third Party Engineer shall review the monthly status report furnished by the
Concessionaire and send its comments thereon to DSIIDC and the Concessionaire within
7 (seven) days of receipt of such report.
3. The Third Party Engineer shall inspect the Project Facilities as specified in Service Level
Standard or at least once in a quarter. Preferably it shall be done after receipt of the
Quarterly status report from the Concessionaire, but within 20th (twentieth) day from
the end of each Quarter in any case, and make out an O&M Inspection Report setting
forth an overview of the status, quality and safety of O&M including its conformity with
the Maintenance Requirements. In a separate section of the O&M Inspection Report,
the Third Party Engineer shall describe in reasonable detail the lapses, defects or
deficiencies observed by it in O&M of the Project Facilities. The Third Party Engineer
shall send a copy of its O&M Inspection Report to DSIIDC and the Concessionaire within
7 (seven) days of the inspection.
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4. The Third Party Engineer may inspect the Project Facilities more than once in a month, if
any lapses, defects or deficiencies require such inspections.
5. The Third Party Engineer shall in its O&M Inspection Report specify the tests, if any, that
the Concessionaire shall carry out, or cause to be carried out for determining that the
Project Facilities is in conformity with the Maintenance Requirements. He shall monitor
and review the results of such tests and the remedial measures, if any, taken by the
Concessionaire in this behalf. The Third Party Engineer shall determine if any delay has
occurred in completion of repair or remedial works in accordance with the Agreement,
and shall determine the Damages, if any, payable by the Concessionaire to DSIIDC for
such delay.
6. In the event that the Concessionaire notifies the Third Party Engineer of any
modifications that it proposes to make to the Project Facilities, the Third Party Engineer
shall review the same and send its comments to DSIIDC and the Concessionaire within
15 (fifteen) days of receiving the proposal.
5. Termination
1. At any time, not earlier than 90 (ninety) days prior to Termination, but not later than 10
(ten) days prior to such Termination, the Third Party Engineer shall, in the presence of a
representative of the Concessionaire, inspect the Project Facilities for determining
compliance by the Concessionaire with the Divestment Requirements and, if required,
cause tests to be carried out at the Concessionaire's cost for determining such
compliance.
2. The Third Party Engineer shall inspect the Project Facilities once in every (fifteen) days
during a period of 90 (ninety) days after Termination for determining the liability of the
Concessionaire in respect of the defects or deficiencies specified therein. If any such
defect or deficiency is found by the Third Party Engineer, it shall make a report in
reasonable detail and send it forthwith to DSIIDC and the Concessionaire.
6. Determination of costs and time
1. The Third Party Engineer shall determine the costs, and/or their reasonableness that are
required to be determined by it under the Agreement.
2. The Third Party Engineer shall determine the period, or any extension thereof, that is
required to be determined by it under the Agreement.
7. Assistance in Dispute resolution
1. When called upon by either Party in the event of any Dispute, the Third Party Engineer
shall mediate and assist the Parties in arriving at an amicable settlement.
2. In the event of any disagreement between the Parties regarding the meaning, scope and
nature of Good Industry Practice, as set forth in any provision of the Agreement, the
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Third Party Engineer shall specify such meaning, scope and nature by issuing a reasoned
written statement relying on good industry practice and authentic literature.
8. Other duties and functions
1. The Third Party Engineer shall perform all other duties and functions specified in the
Agreement.
9. Miscellaneous
1. The Third Party Engineer shall notify its programme of inspection to the Government
and to the Concessionaire, who, in their discretion may, depute their respective
representatives to be present during the inspection.
2. A copy of all communications, comments, instructions, Drawings or Documents sent by
the Third Party Engineer to the Concessionaire pursuant to this TOR, and a copy of all
the test results with comments of the Third Party Engineer thereon shall be furnished by
the Third Party Engineer to DSIIDC forthwith.
3. The Third Party Engineer shall obtain, and the Concessionaire shall furnish in two copies
thereof, all communications and reports required to be submitted, under this
Agreement, by the Concessionaire to the Third Party Engineer, whereupon the Third
Party Engineer shall send one of the copies to DSIIDC along with its comments thereon.
4. The Third Party Engineer shall retain at least one copy each of all drawings and
documents received by it, including 'as-built' Drawings, and keep them in its safe
custody.
5. Upon completion of its assignment hereunder, the Third Party Engineer shall duly
classify and list all drawings, documents, results of tests and other relevant records, and
hand them over to DSIIDC or such other person as DSIIDC may specify, and obtain
written receipt thereof. Two copies of the said document shall also be furnished in
micro film form or in such other medium as may be acceptable.
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6 Project Timelines
S. No. Activity Timeframe
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7 Project Milestones
Mandatory Projects Timelines
Identified Projects Works Months
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Surveys & Required Tests
Submission of Construction
Drawings for IE Approval
Road & Drainage Statutory Approvals
Construction Drains
Shoulder
Footpaths
Medians/Road fixtures/Arboriculture
Surveys & Required Tests
Submission of Construction
Drawings for IE Approval
Statutory Approvals
Water Supply
Construction Chlorination Plant
Repair /Replacement of tube well Pumps
Network
Surveys & Required Tests
Submission of Construction
Sewage Drawings for IE Approval
Statutory Approvals
Construction Network
Surveys & Required Tests
Submission of Construction
Drawings for IE Approval
Solid Waste Statutory Approvals
Construction Upgradation/Repair
Temporary Storage
Dhalao/Bins
Surveys & Required Tests
Submission of Construction
Drawings for IE Approval
Parking
Statutory Approvals
Construction New Parking Lots
Up gradation
Surveys & Required Tests
Submission of Construction
Street Lighting Drawings for IE Approval
Statutory Approvals
Construction Repair/Replacement
Surveys & Required Tests
Submission of Construction
Drawings for IE Approval
Horticulture
Statutory Approvals
Construction Kiosks
Vegetation
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Project Milestones
1 Survey & Required Tests
2 Submission of Construction Drawings for IE Approval
3 Statutory Approval
4 Construction
Legend
Project Milestones
Construction Milestones
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8 Performance Security
PERFORMANCE SECURITY
New Delhi
WHEREAS:
(A) ……………….. (the “Concessionaire”) and the Delhi State Industrial and Infrastructure Development
Corporation Ltd. through its Chairman-cum-Managing Director (“DSIIDC”) have entered into a Concession
Agreement dated …………….. (the “Agreement”) whereby DSIIDC has agreed to the Concessionaire
undertaking re-development, operation and maintenance of the _________________ Industrial Estate
(“Industrial Estate”) in National Capital Territory of Delhi, subject to and in accordance with the provisions
of the Agreement.
(B) The Agreement requires the Concessionaire to furnish a Performance Security to DSIIDC in a sum
of Rs. ______________ cr. (Rupees _______) (the “Guarantee Amount”) as security for due and faithful
performance of its obligations, under and in accordance with the Agreement, for the time period specified
in the Agreement.
We, ………………….. through our Branch at …………………. (the “Bank”) have agreed to furnish this Bank
Guarantee by way of Performance Security.
NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and affirms as follows:
1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful performance of
the Concessionaire’s obligations during the Concession Period, under and in accordance with the
Agreement, and agrees and undertakes to pay to DSIIDC, upon its mere first written demand, and without
any demur, reservation, recourse, contest or protest, and without any reference to the Concessionaire,
such sum or sums up to an aggregate sum of the Guarantee Amount as DSIIDC shall claim, without DSIIDC
being required to prove or to show grounds or reasons for its demand and/or for the sum specified
therein.
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2. A letter from the Commissioner DSIIDC, hat the Concessionaire has committed default in the due
and faithful performance of all or any of its obligations under and in accordance with the Agreement shall
be conclusive, final and binding on the Bank. The Bank further agrees that DSIIDC shall be the sole judge
as to whether the Concessionaire is in default in due and faithful performance of its obligations during the
Concession Period under the Agreement and its decision that the Concessionaire is in default shall be
final, and binding on the Bank, notwithstanding any differences between DSIIDC and the Concessionaire,
or any dispute between them pending before any court, tribunal, arbitrators or any other DSIIDC or body,
or by the discharge of the Concessionaire for any reason whatsoever.
3. In order to give effect to this Guarantee, DSIIDC shall be entitled to act as if the Bank were the
principal debtor and any change in the constitution of the Concessionaire and/or the Bank, whether by
their absorption with any other body or corporation or otherwise, shall not in any way or manner affect
the liability or obligation of the Bank under this Guarantee.
4. It shall not be necessary, and the Bank hereby waives any necessity, for DSIIDC to proceed
against the Concessionaire before presenting to the Bank its demand under this Guarantee.
5. DSIIDC shall have the liberty, without affecting in any manner the liability of the Bank under this
Guarantee, to vary at any time, the terms and conditions of the Agreement or to extend the time or
period for the compliance with, fulfilment and/ or performance of all or any of the obligations of the
Concessionaire contained in the Agreement or to postpone for any time, and from time to time, any of
the rights and powers exercisable by DSIIDC against the Concessionaire, and either to enforce or forbear
from enforcing any of the terms and conditions contained in the Agreement and/or the securities
available to DSIIDC, and the Bank shall not be released from its liability and obligation under these
presents by any exercise by DSIIDC of the liberty with reference to the matters aforesaid or by reason of
time being given to the Concessionaire or any other forbearance, indulgence, act or omission on the part
of DSIIDC or of any other matter or thing whatsoever which under any law relating to sureties and
guarantors would but for this provision have the effect of releasing the Bank from its liability and
obligation under this Guarantee and the Bank hereby waives all of its rights under any such law.
6. This Guarantee is in addition to and not in substitution of any other guarantee or security now or
which may hereafter be held by DSIIDC in respect of or relating to the Agreement or for the fulfilment,
compliance and/or performance of all or any of the obligations of the Concessionaire under the
Agreement.
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7. The Bank undertakes not to revoke this Guarantee during its currency, except with the previous
express consent of DSIIDC in writing, and declares and warrants that it has the power to issue this
Guarantee and the undersigned has full powers to do so on behalf of the Bank.
8. Any notice by way of request, demand or otherwise hereunder may be sent by post addressed to
the Bank at its above referred Branch, which shall be deemed to have been duly authorised to receive
such notice and to effect payment thereof forthwith, and if sent by post it shall be deemed to have been
given at the time when it ought to have been delivered in due course of post and in proving such notice,
when given by post, it shall be sufficient to prove that the envelope containing the notice was posted and
a certificate signed by an officer of DSIIDC that the envelope was so posted shall be conclusive.
9. This Guarantee shall come into force with immediate effect and shall remain in force and effect
during the Concession Period or until it is released earlier by DSIIDC.
(Signature)
(Name)
(Designation)
(Code Number)
(Address)
NOTES:
(i) The bank guarantee should contain the name, designation and code number of the officer(s)
signing the guarantee.
(ii) The address, telephone number and other details of the Head Office of the Bank as well as of
issuing Branch should be mentioned on the covering letter of issuing Branch.
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9 Substitution Agreement
THIS SUBSTITUTION AGREEMENT is entered into on this the ……………. day of ……….. 20….
AMONGST
Delhi State Industrial and Infrastructure Development Corporation Ltd., a company
incorporated under the Companies Act, 1956 and having its Corporate office at N-Block,
Bombay Life Building, Connaught Circus, New Delhi 110001, acting through its Chairman-cum-
Managing Director (hereinafter referred to as “DSIIDC”, which expression shall, unless the
context otherwise requires, include its successors and permitted assigns);
…………………. LIMITED, a company incorporated under the provisions of the Companies Act, 1956
and having its registered office at …………….., (hereinafter referred to as the “Concessionaire”
which expression shall unless repugnant to the context or meaning thereof include its
successors and permitted assigns and substitutes); and
……………………..name and particulars of Lenders’ Representative and having its registered office
at ……………………, acting for and on behalf of the Lenders as their duly authorised agent with
regard to matters arising out of or in relation to this Agreement (hereinafter referred to as the
“Lenders’ Representative”, which expression shall unless repugnant to the context or meaning
thereof include its successors and substitutes);
WHEREAS:
(A) The DSIIDC has entered into a Concession Agreement dated ……………… with the
Concessionaire (the “Concession Agreement”) for re-development of the [●] industrial
estate including up-gradation and maintenance of the basic infrastructure including
roads, drainage, water supply, waste water, solid waste, parking, horticulture, and street
lighting located within the [●] industrial estate, and a copy of which is annexed hereto
and marked as Annex-A to form part of this Agreement.
(B) Lenders have agreed to finance the Project in accordance with the terms and conditions
set forth in the Financing Documents.
(C) Lenders have requested the DSIIDC to enter into this Substitution Agreement for
securing their interests through assignment, transfer and substitution of the Concession
to a Nominated Company in accordance with the provisions of this Agreement and the
Concession Agreement.
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(D) In order to enable implementation of the Project including its financing, operation and
maintenance, the DSIIDC has agreed and undertaken to transfer and assign the
Concession to a Nominated Company in accordance with the terms and conditions set
forth in this Agreement and the Concession Agreement.
NOW, THEREFORE, in consideration of the foregoing and the respective covenants and
agreements set forth in this Agreement, the receipt and sufficiency of which is hereby
acknowledged, and intending to be legally bound hereby, the Parties agree as follows:
1.1 Definitions
In this Substitution Agreement, the following words and expressions shall, unless
repugnant to the context or meaning thereof, have the meaning hereinafter respectively
assigned to them:
“Agreement” means this Substitution Agreement and any amendment thereto made in
accordance with the provisions contained in this Agreement;
“Debt Due” means the aggregate of the following sums expressed in Indian Rupees
outstanding on the End Date: (a) the principal amount of the debt provided by the
Lenders under the Financing Documents for financing the Total Project Cost (the
“principal”) but excluding any part of the principal that had fallen due for repayment
two years prior to the End Date; (b) all accrued interest, financing fees and charges
payable under the Financing Documents on, or in respect of, the debt referred to in sub-
clause (a) above until the End Date but excluding (i) any interest, fees or charges that
had fallen due one year prior to the End Date, (ii) any penal interest or charges payable
under the Financing Documents to any Lender, and (iii) any pre-payment charges in
relation to accelerated repayment of debt except where such charges have arisen due to
DSIIDC Event of Default; provided that if all or any part of the Debt Due is convertible
into Equity at the option of Lenders and/or the Concessionaire, it shall for the purposes
of this Agreement be deemed to be Debt Due even after such conversion and the
principal thereof shall be dealt with as if such conversion had not been undertaken;
“Debt Service” means the sum of all payments on account of principal, interest,
financing fees and charges due and payable in an Accounting Year to the Lenders under
the Financing Documents
“Financial Default” means occurrence of a material breach of the terms and conditions
of the Financing Documents or a continuous default in Debt Service by the
Concessionaire for a minimum period of 3 (three) months;
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“Notice of Financial Default” shall have the meaning ascribed thereto in Clause 3.2.1;
and
“Parties” means the parties to this Agreement collectively and “Party” shall mean any of
the Parties to this Agreement individually.
1.2 Interpretation
1.2.1 References to Lenders’ Representative shall, unless repugnant to the context or
meaning thereof, mean references to the Lenders’ Representative, acting for and on
behalf of Lenders.
1.2.2 References to Clauses are, unless stated otherwise, references to Clauses of this
Agreement.
1.2.3 The words and expressions beginning with capital letters and defined in this Agreement
shall have the meaning ascribed thereto herein, and the words and expressions used in
this Agreement and not defined herein but defined in the Concession Agreement shall,
unless repugnant to the context, have the meaning ascribed thereto in the Concession
Agreement.
1.2.4 The rules of interpretation stated in Clauses 1.2, 1.3, 1.4 and 1.5 of the Concession
Agreement shall apply, mutatis mutandis, to this Agreement.
2 ASSIGNMENT
2.1 Assignment of rights and title
The Concessionaire hereby agrees to assign the rights, title and interest in the
Concession to, and in favour of, the Lenders’ Representative pursuant to and in
accordance with the provisions of this Agreement and the Concession Agreement by
way of security in respect of financing by the Lenders under the Financing Documents.
3 SUBSTITUTION OF THE CONCESSIONAIRE
3.1.1 Pursuant to the rights, title and interest assigned under Clause 2.1, the Lenders’
Representative shall be entitled to substitute the Concessionaire by a Nominated
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Company under and in accordance with the provisions of this Agreement and the
Concession Agreement.
3.1.2 The DSIIDC hereby agrees to substitute the Concessionaire by endorsement on the
Concession Agreement in favour of the Nominated Company selected by the Lenders’
Representative in accordance with this Agreement. (For the avoidance of doubt, the
Lenders or the Lenders’ Representative shall not be entitled to operate and maintain the
Projectas Concessionaire either individually or collectively).
3.2.1 Upon occurrence of a Financial Default, the Lenders’ Representative may issue a notice
to the Concessionaire (the “Notice of Financial Default”) along with particulars thereof,
and send a copy to the DSIIDC for its information and record. A Notice of Financial
Default under this Clause 3 shall be conclusive evidence of such Financial Default and it
shall be final and binding upon the Concessionaire for the purposes of this Agreement.
3.2.2 Upon issue of a Notice of Financial Default hereunder, the Lenders’ Representative may,
without prejudice to any of its rights or remedies under this Agreement or the Financing
Documents, substitute the Concessionaire by a Nominated Company in accordance with
the provisions of this Agreement.
3.2.3 At any time after the Lenders’ Representative has issued a Notice of Financial Default, it
may by notice require the DSIIDC to suspend all the rights of the Concessionaire under
the Concession Agreement including the right to collect all charges/fee pursuant to the
Concession Agreement (including the Maintenance Charges, Other Charges and
Additional Revenue, and ground rent), and undertake the operation and maintenance of
the Project either itself or authorise any other person to do the same on its behalf
during such suspension (“Suspension”). Upon receipt of such notice from Lenders’
Representative, the DSIIDC shall undertake Suspension under and in accordance with
the provisions of the Concession Agreement. The aforesaid Suspension shall be revoked
upon substitution of the Concessionaire by a Nominated Company, and in the event
such substitution is not completed within 180 (one hundred and eighty) days from the
date of such Suspension, the DSIIDC may terminate the Concession Agreement
forthwith by issuing a Termination Notice in accordance with the provisions of the
Concession Agreement; provided that upon written request from the Lenders’
Representative and the Concessionaire, the DSIIDC may extend the aforesaid period of
180 (one hundred and eighty) days by a period not exceeding 90 (ninety) days. For the
avoidance of doubt, the DSIIDC expressly agrees and undertakes to terminate the
Concession Agreement forthwith, upon receipt of a written request from the Lenders’
Representative at any time after 240 (two hundred and forty) days from the date of
Suspension hereunder.
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3.3.2 In the event that the Lenders’ Representative makes a representation to the DSIIDC
within the period of 15 (fifteen) days specified in Clause 3.3.1, stating that it intends to
substitute the Concessionaire by a Nominated Company, the Lenders’ Representative
shall be entitled to undertake and complete the substitution of the Concessionaire by a
Nominated Company in accordance with the provisions of this Agreement within a
period of 180 (one hundred and eighty) days from the date of such representation, and
the DSIIDC shall either withhold Termination or undertake Suspension for the aforesaid
period of 180 (one hundred and eighty) days; provided that upon written request from
the Lenders’ Representative and the Concessionaire, the DSIIDC shall extend the
aforesaid period of 180 (one hundred and eighty) days by a period not exceeding 90
(ninety) days.
3.4.3 Upon selection of a Nominated Company, the Lenders’ Representative shall request the
DSIIDC to:
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(a) accede to transfer to the Nominated Company the right to operate and maintain
the Project in accordance with the provisions of the Concession Agreement;
(b) endorse and transfer the Concession to the Nominated Company, on the same
terms and conditions, for the residual Concession Period; and
(c) enter into a Substitution Agreement with the Lenders’ Representative and the
Nominated Company on the same terms as are contained in this Agreement.
3.4.4 If the DSIIDC has any objection to the transfer of Concession in favour of the Nominated
Company in accordance with this Agreement, it shall within 15 (fifteen) days from the
date of proposal made by the Lenders’ Representative, give a reasoned order after
hearing the Lenders’ Representative. If no such objection is raised by the DSIIDC, the
Nominated Company shall be deemed to have been accepted. The DSIIDC thereupon
shall transfer and endorse the Concession within 15 (fifteen) days of its
acceptance/deemed acceptance of the Nominated Company; provided that in the event
of such objection by the DSIIDC, the Lenders’ Representative may propose another
Nominated Company whereupon the procedure set forth in this Clause 3.4 shall be
followed for substitution of such Nominated Company in place of the Concessionaire.
4 PROJECT AGREEMENTS
4.1 Substitution of Nominated Company in Project Agreements
The Concessionaire shall ensure and procure that each Project Agreement contains provisions
that entitle the Nominated Company to step into such Project Agreement, in its discretion, in
place and substitution of the Concessionaire in the event of such Nominated Company’s
assumption of the liabilities and obligations of the Concessionaire under the Concession
Agreement.
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At any time after issue of a Notice of Financial Default, the Lenders’ Representative may by a
notice in writing require the DSIIDC to terminate the Concession Agreement forthwith, and upon
receipt of such notice, the DSIIDC shall undertake Termination under and in accordance with the
provisions of Article 15 of the Concession Agreement.
In the event that no Nominated Company acceptable to the DSIIDC is selected and
recommended by the Lenders’ Representative within the period of 180 (one hundred and
eighty) days or any extension thereof as set forth in Clause 3.3.2, the DSIIDC may terminate the
Concession Agreement forthwith in accordance with the provisions thereof.
5.3 Realisation of Debt Due
The DSIIDC and the Concessionaire hereby acknowledge and agree that, without prejudice to
their any other right or remedy, the Lenders’ Representative is entitled to receive from the
Concessionaire, without any further reference to or consent of the Concessionaire, the Debt Due
upon Termination of the Concession Agreement. For realisation of the Debt Due, the Lenders’
Representative shall be entitled to notify DSIIDC of their claim and obtain direct transfers from
the Designated Account to such account as the Lenders may notify for this purpose.
6 DURATION OF THE AGREEMENT
This Agreement shall come into force from the date hereof and shall expire at the earliest to
occur of the following events:
(b) no sum remains to be advanced, or is outstanding to the Lenders, under the Financing
Documents.
7 INDEMNITY
7.1.1 The Concessionaire will indemnify, defend and hold the DSIIDC and the Lenders’
Representative harmless against any and all proceedings, actions and third party claims
for any loss, damage, cost and expense of whatever kind and nature arising out of any
breach by the Concessionaire of any of its obligations under this Agreement or on
account of failure of the Concessionaire to comply with Applicable Laws and Applicable
Permits.
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7.1.2 The DSIIDC will indemnify, defend and hold the Concessionaire harmless against any and
all proceedings, actions and third party claims for any loss, damage, cost and expense
arising out of failure of the DSIIDC to fulfil any of its obligations under this Agreement,
materially and adversely affecting the performance of the Concessionaire’s obligations
under the Concession Agreement or this Agreement, other than any loss, damage, cost
and expense, arising out of acts done in discharge of their lawful functions by the
DSIIDC, its officers, servants and agents.
7.1.3 The Lenders’ Representative will indemnify, defend and hold the Concessionaire
harmless against any and all proceedings, actions and third party claims for any loss,
damage, cost and expense arising out of failure of the Lenders’ Representative to fulfil
its obligations under this Agreement, materially and adversely affecting the
performance of the Concessionaire’s obligations under the Concession Agreement,
other than any loss, damage, cost and expense, arising out of acts done in discharge of
their lawful functions by the Lenders’ Representative, its officers, servants and agents.
7.2 Notice and contest of claims
In the event that any Party hereto receives a claim from a third party in respect of which
it is entitled to the benefit of an indemnity under Clause 7.1 or in respect of which it is
entitled to reimbursement (the “Indemnified Party”), it shall notify the other Party
responsible for indemnifying such claim hereunder (the “Indemnifying Party”) within 15
(fifteen) days of receipt of the claim and shall not settle or pay the claim without the
prior approval of the Indemnifying Party, such approval not to be unreasonably withheld
or delayed. In the event that the Indemnifying Party wishes to contest or dispute the
claim, it may conduct the proceedings in the name of the Indemnified Party and shall
bear all costs involved in contesting the same. The Indemnified Party shall provide all
cooperation and assistance in contesting any claim and shall sign all such writings and
documents as the Indemnifying Party may reasonably require.
8 DISPUTE RESOLUTION
8.1.1 Any dispute, difference or claim arising out of or in connection with this Agreement
which is not resolved amicably shall be decided by reference to arbitration to a Board of
Arbitrators comprising one nominee each of the DSIIDC, Concessionaire and the
Lenders’ Representative. Such arbitration shall be held in accordance with the Rules of
Arbitration of the International Centre for Alternative Dispute Resolution, New Delhi
(the “Rules”) or such other rules as may be mutually agreed by the Parties, and shall be
subject to provisions of the Arbitration and Conciliation Act, 1996.
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8.1.2 The Arbitrators shall issue a reasoned award and such award shall be final and binding
on the Parties. The venue of arbitration shall be Delhi and the language of arbitration
shall be English.
9 MISCELLANEOUS PROVISIONS
9.1 Governing law and jurisdiction
This Agreement shall be construed and interpreted in accordance with and governed by
the laws of India, and the Courts at Delhi shall have jurisdiction over all matters arising
out of or relating to this Agreement.
(a) agrees that the execution, delivery and performance by it of this Agreement
constitute commercial acts done and performed for commercial purpose;
(b) agrees that, should any proceedings be brought against it or its assets, property
or revenues in any jurisdiction in relation to this Agreement or any transaction
contemplated by this Agreement, no immunity (whether by reason of
sovereignty or otherwise) from such proceedings shall be claimed by or on
behalf of the DSIIDC with respect to its assets;
(c) waives any right of immunity which it or its assets, property or revenues now
has, may acquire in the future or which may be attributed to it in any
jurisdiction; and
In the event of any conflict between the Concession Agreement and this Agreement, the
provisions contained in the Concession Agreement shall prevail over this Agreement.
9.4 Alteration of terms
9.5.1 Waiver by any Party of a default by another Party in the observance and performance of
any provision of or obligations under this Agreement:
(a) shall not operate or be construed as a waiver of any other or subsequent default
hereof or of other provisions of or obligations under this Agreement;
(b) shall not be effective unless it is in writing and executed by a duly authorised
representative of the Party; and
(c) shall not affect the validity or enforceability of this Agreement in any manner.
9.5.2 Neither the failure by either Party to insist on any occasion upon the performance of the
terms, conditions and provisions of this Agreement or any obligation there under nor
time or other indulgence granted by a Party to another Party shall be treated or deemed
as waiver of such breach or acceptance of any variation or the relinquishment of any
such right hereunder.
This Agreement is solely for the benefit of the Parties and no other person or entity shall
have any rights hereunder.
9.7 Survival
9.8 Severability
If for any reason whatever any provision of this Agreement is or becomes invalid, illegal
or unenforceable or is declared by any court of competent jurisdiction or any other
instrumentality to be invalid, illegal or unenforceable, the validity, legality or
enforceability of the remaining provisions shall not be affected in any manner, and the
Parties will negotiate in good faith with a view to agreeing to one or more provisions
which may be substituted for such invalid, unenforceable or illegal provisions, as nearly
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9.10 Notices
All notices or other communications to be given or made under this Agreement shall be
in writing, shall either be delivered personally or sent by courier or registered post with
an additional copy to be sent by facsimile or e-mail. The address for service of each
Party, its facsimile number and e-mail address are set out under its name on the signing
pages hereto. A notice shall be effective upon actual receipt thereof, save that where it
is received after 5.30 (five thirty) p.m. on any day, or on a day that is a public holiday,
the notice shall be deemed to be received on the first working day following the date of
actual receipt. Without prejudice to the foregoing, a Party giving or making a notice or
communication by facsimile or e-mail shall promptly deliver a copy thereof personally,
or send it by courier or registered post to the addressee of such notice or
communication. It is hereby agreed and acknowledged that any Party may by notice
change the address to which such notices and communications to it are to be delivered
or mailed. Such change shall be effective when all the Parties have notice of it.
9.11 Language
All notices, certificates, correspondence and proceedings under or in connection with
this Agreement shall be in English.
This Agreement may be executed in three counterparts, each of which when executed
and delivered shall constitute an original of this Agreement.
IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED AND DELIVERED THIS AGREEMENT AS OF
THE DATE FIRST ABOVE WRITTEN.
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(Signature)
(Name)
(Designation)
(Address)
(Fax)
(e-mail address)
1. 2.
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And Whereas pursuant to the Act, DSIIDC has entered into a concession agreement dated ………………
(“Concession Agreement”) with ………………, having its Registered Office at …………………….. (hereinafter
referred to as “Concessionaire”) for the re- development of the [ ] (hereinafter referred to as the said
“Industrial Estate”) which shall include inter alia, design, engineering, financing, re-development,
rehabilitation, operation and maintenance of the Project Facilities within the relevant Industrial Estate.
Now, therefore, in exercise of the powers conferred by Section 6 of the Act, DSIIDC, having regard to the
expenditure involved in building, maintenance, management and operation of the Project Facilities, notifies
that there shall be levied and collected user charges/tariff from the effective date (mentioned below), at the
rates specified herein and authorizes the Concessionaire to collect the said user charges/tariff on and from
the Annuity Commencement Date, subject to and in accordance with the said Act and the provisions of the
Concession Agreement.
The words used but not defined in this notice shall have the meaning specified in the Concession Agreement.
The tariff/user charges and the escalation rates in respect thereof levied and collected hereunder shall be due
and payable in the following manner:
S. Sector Tariff Escalation Effective From
No. Date
1 Maintenance Rs 10 per sqm per month per Linked to Cost Annuity
Charges unit on plot area and levied on Inflation Index as per Commencement
all leased plots IT Act Date (COD)
2 Water Supply (water Similar to DJB Tariff As per DJB Tariff Appointed Date
supplied by DJB)
3 Waste Water Based on current tariff structure Based on Delhi Appointed Date
Treatment of Delhi Common Effluent Common Effluent
Treatment Plants Act Treatment Plants Act
4 Parking Similar to MCD tariff As per MCD tariff Appointed Date
(Name)
( Designation )
[ Authorised Representative of DSIIDC ]
(Seal)
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11 Letter of Award
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12 Proposal or Bid
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13 Annuity
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14 Escrow Agreement
THIS ESCROW AGREEMENT is entered into on this the *** day of *** 20**.
AMONGST
1 **** LIMITED, a company incorporated under the provisions of the Companies Act, 1956 and
having its registered office at **** (hereinafter referred to as the “Concessionaire” which expression
shall, unless repugnant to the context or meaning thereof, include its successors, permitted assigns and
substitutes);
2 ****name and particulars of Lenders’ Representative and having its registered office at ***
acting for and on behalf of the Senior Lenders as their duly authorised agent with regard to matters
arising out of or in relation to this Agreement (hereinafter referred to as the “Lenders’ Representative”
which expression shall, unless repugnant to the context or meaning thereof, include its successors and
substitutes);
3 ****name and particulars of the Escrow Bank and having its registered office at ****(hereinafter
referred to as the “Escrow Bank” which expression shall, unless repugnant to the context or meaning
thereof, include its successors and substitutes); and
4 President of India through Commissioner, Delhi Police, having its principal office at
_____________, New Delhi 110001 (hereinafter referred to as the “Authority” which expression shall,
unless repugnant to the context or meaning thereof, include its administrators, successors and assigns).
WHEREAS:
(A) The Authority has entered into a Concession Agreement dated *** with the Concessionaire (the
“Concession Agreement”) for development of residential complex for the personnel of Delhi Police (DP)
and a copy of which is annexed hereto and marked as Annex-A to form part of this Agreement
(B) Senior Lenders have agreed to finance the Project in accordance with the terms and conditions
set forth in the Financing Agreements.
(C) The Concession Agreement requires the Concessionaire to establish an Escrow Account, inter
alia, on the terms and conditions stated therein.
1.1 Definitions
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In this Agreement, the following words and expressions shall, unless repugnant to the context or meaning
thereof, have the meaning hereinafter respectively assigned to them:
“Agreement” means this Escrow Agreement and any amendment thereto made in accordance with the
provisions contained herein;
“Concession Agreement” means the Concession Agreement referred to in Recital (A) above and annexed
hereto as Annex-A, and shall include all of its Recitals and Schedules and any amendments made thereto
in accordance with the provisions contained in this behalf therein;
“Cure Period” means the period specified in this Agreement for curing any breach or default of any
provision of this Agreement by the Concessionaire, and shall commence from the date on which a notice
is delivered by the Authority or the Lenders’ Representative, as the case may be, to the Concessionaire
asking the latter to cure the breach or default specified in such notice;
“Escrow Account” means an escrow account established in terms of and under this Agreement, and shall
include the Sub-Accounts;
“Escrow Default” shall have the meaning ascribed thereto in Clause 6.1;
“Lenders’ Representative” means the person referred to as the Lenders’ Representative in the foregoing
Recitals;
“Parties” means the parties to this Agreement collectively and “Party” shall mean any of the Parties to
this Agreement individually;
“Payment Date” means, in relation to any payment specified in Clause 4.1, the date(s) specified for such
payment; and
“Sub-Accounts” means the respective Sub-Accounts of the Escrow Account, into which the monies
specified in Clause 4.1 would be credited every month and paid out if due, and if not due in a month then
appropriated proportionately in such month and retained in the respective Sub Accounts and paid out
therefrom on the Payment Date(s).
1.2 Interpretation
1.2.1 References to Lenders’ Representative shall, unless repugnant to the context or meaning thereof,
mean references to the Lenders’ Representative, acting for and on behalf of Senior Lenders.
1.2.2 The words and expressions beginning with capital letters and defined in this Agreement shall
have the meaning ascribed thereto herein, and the words and expressions used in this Agreement and not
defined herein but defined in the Concession Agreement shall, unless repugnant to the context, have the
meaning ascribed thereto in the Concession Agreement.
1.2.3 References to Clauses are, unless stated otherwise, references to Clauses of this Agreement.
1.2.4 The rules of interpretation stated in Clauses 1.2, 1.3 and 1.4 of the Concession Agreement shall
apply, mutatis mutandis, to this Agreement.
2 ESCROW ACCOUNT
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2.1.1 The Concessionaire hereby appoints the Escrow Bank to act as trustee for the Authority, the
Lenders’ Representative and the Concessionaire in connection herewith and authorises the Escrow Bank
to exercise such rights, powers, authorities and discretion as are specifically delegated to the Escrow Bank
by the terms hereof together with all such rights, powers, authorities and discretion as are reasonably
incidental hereto, and the Escrow Bank accepts such appointment pursuant to the terms hereof.
2.1.2 The Concessionaire hereby declares that all rights, title and interest in and to the Escrow Account
shall be vested in the Escrow Bank and held in trust for the Authority, the Lenders’ Representative and the
Concessionaire, and applied in accordance with the terms of this Agreement. No person other than the
Authority, the Lenders’ Representative and the Concessionaire shall have any rights hereunder as the
beneficiaries of, or as third party beneficiaries under this Agreement.
The Escrow Bank hereby agrees to act as such and to accept all payments and other amounts to be
delivered to and held by the Escrow Bank pursuant to the provisions of this Agreement. The Escrow Bank
shall hold and safeguard the Escrow Account during the term of this Agreement and shall treat the
amount in the Escrow Account as monies deposited by the Concessionaire, Senior Lenders or the
Authority with the Escrow Bank. In performing its functions and duties under this Agreement, the Escrow
Bank shall act in trust for the benefit of, and as agent for, the Authority, the Lenders’ Representative and
the Concessionaire or their nominees, successors or assigns, in accordance with the provisions of this
Agreement.
2.3.1 Within 30 (thirty) days from the date of this Agreement, and in any case prior to the Appointed
Date, the Concessionaire shall open and establish the Escrow Account with the **** (name of Branch)
Branch of the Escrow Bank. The Escrow Account shall be denominated in Rupees.
2.3.2 The Escrow Bank shall maintain the Escrow Account in accordance with the terms of this
Agreement and its usual practices and applicable regulations, and pay the maximum rate of interest
payable to similar customers on the balance in the said account from time to time.
2.3.3 The Escrow Bank and the Concessionaire shall, after consultation with the Lenders’
Representative, agree on the detailed mandates, terms and conditions, and operating procedures for the
Escrow Account, but in the event of any conflict or inconsistency between this Agreement and such
mandates, terms and conditions, or procedures, this Agreement shall prevail.
The Escrow Bank shall be entitled to receive its fee and expenses in an amount, and at such times, as may
be agreed between the Escrow Bank and the Concessionaire. For the avoidance of doubt, such fee and
expenses shall form part of the O&M Expenses and shall be appropriated from the Escrow Account in
accordance with Clause 4.1.
The rights of the Authority, the Lenders’ Representative and the Concessionaire in the monies held in the
Escrow Account are set forth in their entirety in this Agreement and the Authority, the Lenders’
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Representative and the Concessionaire shall have no other rights against or to the monies in the Escrow
Account.
The Parties hereto acknowledge and agree that upon substitution of the Concessionaire with the
Nominated Company, pursuant to the Substitution Agreement, it shall be deemed for the purposes of this
Agreement that the Nominated Company is a Party hereto and the Nominated Company shall accordingly
be deemed to have succeeded to the rights and obligations of the Concessionaire under this Agreement
on and with effect from the date of substitution of the Concessionaire with the Nominated Company.
3.1.1 The Concessionaire agrees and undertakes that it shall deposit into and/or credit the Escrow
Account with:
(a) all monies received in relation to the Project from any source, including the Senior Lenders,
lenders of Subordinated Debt and the Authority;
(b) all funds received by the Concessionaire from its share-holders, in any manner or form;
(f) funds to make up the shortfall in the amount in the Escrow Account as against the cash flow
requirement during the Construction Period.
3.1.2 The Concessionaire may at any time make deposits of its other funds into the Escrow Account,
provided that the provisions of this Agreement shall apply to such deposits.
The Authority agrees and undertakes that, as and when due and payable, it shall deposit into and/or
credit the Escrow Account with:
(a) Annuity and any other monies disbursed by the Authority to the Concessionaire; and
Provided that the Authority shall be entitled to appropriate from the aforesaid amounts, any Concession
Fee due and payable to it by the Concessionaire, and the balance remaining shall be deposited into the
Escrow Account.
The Lenders’ Representative agrees, confirms and undertakes that the Senior Lenders shall deposit into
and/or credit the Escrow Account with all disbursements made by them in relation to or in respect of the
Project; provided that notwithstanding anything to the contrary contained in this Agreement, the Senior
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Lenders shall be entitled to make direct payments to the EPC Contractor under and in accordance with the
express provisions contained in this behalf in the Financing Agreements.
The Escrow Bank agrees and undertakes that all interest accruing on the balances of the Escrow Account
shall be credited to the Escrow Account; provided that the Escrow Bank shall be entitled to appropriate
therefrom the fee and expenses due to it from the Concessionaire in relation to the Escrow Account and
credit the balance remaining to the Escrow Account.
4.1.1 At the beginning of every month, or at such shorter intervals as the Lenders’ Representative and
the Concessionaire may by written instructions determine, the Escrow Bank shall withdraw amounts from
the Escrow Account and appropriate them in the following order by depositing such amounts in the
relevant Sub-Accounts for making due payments, and if such payments are not due in any month, then
retain such monies in such Sub-Accounts and pay out therefrom on the Payment Date(s):
(b) all payments relating to construction of the Project Facilities, subject to and in accordance with
the conditions, if any, set forth in the Financing Agreements;
(c) O&M Expenses, subject to the ceiling, if any, set forth in the Financing Agreements;
(d) O&M Expenses incurred by the Authority, provided it certifies to the Escrow Bank that it had
incurred such expenses in accordance with the provisions of the Concession Agreement and that the
amounts claimed are due to it from the Concessionaire;
(g) all payments and Damages certified by the Authority as due and payable to it by the
Concessionaire pursuant to the Concession Agreement,;
(i) any reserve requirements set forth in the Financing Agreements; and
4.1.2 Not later than 60 (sixty) days prior to the commencement of each Accounting Year, the
Concessionaire shall provide to the Escrow Bank, with prior written approval of the Lenders’
Representative, details of the amounts likely to be required for each of the payment obligations set forth
in this Clause 4.1; provided that such amounts may be subsequently modified, with prior written approval
of the Lenders’ Representative, if fresh information received during the course of the year makes such
modification necessary.
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Upon Termination of the Concession Agreement, all amounts standing to the credit of the Escrow Account
shall, notwithstanding anything in this Agreement, be appropriated and dealt with in the following order:
(b) 90% (ninety per cent) of Debt Due excluding Subordinated Debt;
(d) all payments and Damages certified by the Authority as due and payable to it by the
Concessionaire pursuant to the Concession Agreement, including any claims in connection with or arising
out of Termination;
(e) retention and payments arising out of, or in relation to, liability for defects and deficiencies set
forth in Article 34 of the Concession Agreement;
(i) any other payments required to be made under the Concession Agreement; and
Provided that the disbursements specified in Sub-clause (j) of this Clause 4.2 shall be undertaken only
after the Vesting Certificate has been issued by the Authority.
Funds in the Escrow Account shall be applied in the serial order of priority set forth in Clauses 4.1 and 4.2,
as the case may be. If the funds available are not sufficient to meet all the requirements, the Escrow Bank
shall apply such funds in the serial order of priority until exhaustion thereof.
Notwithstanding anything in this Agreement, the proceeds from all insurance claims, except life and
injury, shall be deposited into and/or credited to the Escrow Account and utilised for any necessary repair,
reconstruction, reinstatement, replacement, improvement, delivery or installation of the Project Facilities,
and the balance remaining, if any, shall be applied in accordance with the provisions contained in this
behalf in the Financing Agreements.
Notwithstanding anything to the contrary contained in this Agreement, the Authority may exercise all or
any of the rights of the Concessionaire during the period of Suspension under Article 31 of the Concession
Agreement. Any instructions given by the Authority to the Escrow Bank during such period shall be
complied with as if such instructions were given by the Concessionaire under this Agreement and all
actions of the Authority hereunder shall be deemed to have been taken for and on behalf of the
Concessionaire.
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Monies and other property received by the Escrow Bank under this Agreement shall, until used or applied
in accordance with this Agreement, be held by the Escrow Bank in trust for the purposes for which they
were received, and shall be segregated from other funds and property of the Escrow Bank.
7 (seven) business days prior to each Payment Date (and for this purpose the Escrow Bank shall be
entitled to rely on an affirmation by the Concessionaire and/or the Lenders’ Representative as to the
relevant Payment Dates), the Escrow Bank shall notify the Lenders’ Representative of the balances in the
Escrow Account and Sub-Accounts as at the close of business on the immediately preceding business day.
(a) may, in the absence of bad faith or gross negligence on its part, rely as to any matters of fact
which might reasonably be expected to be within the knowledge of the Concessionaire upon a certificate
signed by or on behalf of the Concessionaire;
(b) may, in the absence of bad faith or gross negligence on its part, rely upon the authenticity of any
communication or document believed by it to be authentic;
(c) shall, within 5 (five) business days after receipt, deliver a copy to the Lenders’ Representative of
any notice or document received by it in its capacity as the Escrow Bank from the Concessionaire or any
other person hereunder or in connection herewith; and
(d) shall, within 5 (five) business days after receipt, deliver a copy to the Concessionaire of any
notice or document received by it from the Lenders’ Representative in connection herewith.
The Escrow Bank agrees not to claim or exercise any right of set off, banker’s lien or other right or remedy
with respect to amounts standing to the credit of the Escrow Account. For the avoidance of doubt, it is
hereby acknowledged and agreed by the Escrow Bank that the monies and properties held by the Escrow
Bank in the Escrow Account shall not be considered as part of the assets of the Escrow Bank and being
trust property, shall in the case of bankruptcy or liquidation of the Escrow Bank, be wholly excluded from
the assets of the Escrow Bank in such bankruptcy or liquidation.
The Escrow Bank shall use its best efforts to procure, and thereafter maintain and comply with, all
regulatory approvals required for it to establish and operate the Escrow Account. The Escrow Bank
represents and warrants that it is not aware of any reason why such regulatory approvals will not
ordinarily be granted to the Escrow Bank.
6 ESCROW DEFAULT
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6.1.1 Following events shall constitute an event of default by the Concessionaire (an “Escrow Default”)
unless such event of default has occurred as a result of Force Majeure or any act or omission of the
Authority or the Lenders’ Representative:
(a) the Concessionaire commits breach of this Agreement by failing to deposit any receipts into the
Escrow Account as provided herein and fails to cure such breach by depositing the same into the Escrow
Account within a Cure Period of 5 (five) business days;
(b) the Concessionaire causes the Escrow Bank to transfer funds to any account of the
Concessionaire in breach of the terms of this Agreement and fails to cure such breach by depositing the
relevant funds into the Escrow Account or any Sub-Account in which such transfer should have been
made, within a Cure Period of 5 (five) business days; or
(c) the Concessionaire commits or causes any other breach of the provisions of this Agreement and
fails to cure the same within a Cure Period of 5 (five) business days.
6.1.2 Upon occurrence of an Escrow Default, the consequences thereof shall be dealt with under and in
accordance with the provisions of the Concession Agreement.
This Agreement shall remain in full force and effect so long as any sum remains to be advanced or is
outstanding from the Concessionaire in respect of the debt, guarantee or financial assistance received by
it from the Senior Lenders, or any of its obligations to the Authority remain to be discharged, unless
terminated earlier by consent of all the Parties or otherwise in accordance with the provisions of this
Agreement.
The Concessionaire may, by not less than 45 (forty five) days prior notice to the Escrow Bank, the
Authority and the Lenders’ Representative, terminate this Agreement and appoint a new Escrow Bank,
provided that the new Escrow Bank is acceptable to the Lenders’ Representative and arrangements are
made satisfactory to the Lenders’ Representative for transfer of amounts deposited in the Escrow Account
to a new Escrow Account established with the successor Escrow Bank. The termination of this Agreement
shall take effect only upon coming into force of an Escrow Agreement with the substitute Escrow Bank.
The Escrow Bank shall, at the request of the Concessionaire and the Lenders’ Representative made on or
after the payment by the Concessionaire of all outstanding amounts under the Concession Agreement and
the Financing Agreements including the payments specified in Clause 4.2, and upon confirmation of
receipt of such payments, close the Escrow Account and Sub-Accounts and pay any amount standing to
the credit thereof to the Concessionaire. Upon closure of the Escrow Account hereunder, the Escrow
Agreement shall be deemed to be terminated.
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The Lenders’ Representative and the Concessionaire shall be entitled to enter into a supplementary
escrow agreement with the Escrow Bank providing, inter alia, for detailed procedures and documentation
for withdrawals from Sub-Accounts pursuant to Clause 4.1.1 and for matters not covered under this
Agreement such as the rights and obligations of Senior Lenders and lenders of Subordinated Debt,
investment of surplus funds, restrictions on withdrawals by the Concessionaire in the event of breach of
this Agreement or upon occurrence of an Escrow Default, procedures relating to operation of the Escrow
Account and withdrawal therefrom, reporting requirements and any matters incidental thereto; provided
that such supplementary escrow agreement shall not contain any provision which is inconsistent with this
Agreement and in the event of any conflict or inconsistency between provisions of this Agreement and
such supplementary escrow agreement, the provisions of this Agreement shall prevail.
9 INDEMNITY
9.1.1 The Concessionaire will indemnify, defend and hold the Authority, Escrow Bank and the Senior
Lenders, acting through the Lenders’ Representative, harmless against any and all proceedings, actions
and third party claims for any loss, damage, cost and expense arising out of any breach by the
Concessionaire of any of its obligations under this Agreement or on account of failure of the
Concessionaire to comply with Applicable Laws and Applicable Permits.
9.1.2 The Authority will indemnify, defend and hold the Concessionaire harmless against any and all
proceedings, actions and third party claims for any loss, damage, cost and expense arising out of failure of
the Authority to fulfil any of its obligations under this Agreement materially and adversely affecting the
performance of the Concessionaire’s obligations under the Concession Agreement or this Agreement
other than any loss, damage, cost and expense arising out of acts done in discharge of their lawful
functions by the Authority, its officers, servants and agents.
9.1.3 The Escrow Bank will indemnify, defend and hold the Concessionaire harmless against any and all
proceedings, actions and third party claims for any loss, damage, cost and expense arising out of failure of
the Escrow Bank to fulfil its obligations under this Agreement materially and adversely affecting the
performance of the Concessionaire’s obligations under the Concession Agreement other than any loss,
damage, cost and expense, arising out of acts done in discharge of their lawful functions by the Escrow
Bank, its officers, servants and agents.
In the event that any Party hereto receives a claim from a third party in respect of which it is entitled to
the benefit of an indemnity under Clause 9.1 or in respect of which it is entitled to reimbursement (the
“Indemnified Party”), it shall notify the other Party responsible for indemnifying such claim hereunder
(the “Indemnifying Party”) within 15 (fifteen) days of receipt of the claim and shall not settle or pay the
claim without the prior approval of the Indemnifying Party, which approval shall not be unreasonably
withheld or delayed. In the event that the Indemnifying Party wishes to contest or dispute the claim, it
may conduct the proceedings in the name of the Indemnified Party and shall bear all costs involved in
contesting the same. The Indemnified Party shall provide all cooperation and assistance in contesting any
claim and shall sign all such writings and documents as the Indemnifying Party may reasonably require.
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10 DISPUTE RESOLUTION
10.1.1 Any dispute, difference or claim arising out of or in connection with this Agreement, which is not
resolved amicably, shall be decided finally by reference to arbitration to a Board of Arbitrators comprising
one nominee of each Party to the dispute, and where the number of such nominees is an even number,
the nominees shall elect another person to such Board. Such arbitration shall be held in accordance with
the Rules of Arbitration of the International Centre for Alternative Dispute Resolution, New Delhi (the
“Rules”) or such other rules as may be mutually agreed by the Parties, and shall be subject to the
provisions of the Arbitration and Conciliation Act, 1996.
10.1.2 The Arbitrators shall issue a reasoned award and such award shall be final and binding on the
Parties. The venue of arbitration shall be Delhi and the language of arbitration shall be English.
11 MISCELLANEOUS PROVISIONS
This Agreement shall be construed and interpreted in accordance with and governed by the laws of India,
and the Courts at Delhi shall have jurisdiction over all matters arising out of or relating to this Agreement.
(a) agrees that the execution, delivery and performance by it of this Agreement constitute
commercial acts done and performed for commercial purpose;
(b) agrees that, should any proceedings be brought against it or its assets, property or revenues in
any jurisdiction in relation to this Agreement or any transaction contemplated by this Agreement, no
immunity (whether by reason of sovereignty or otherwise) from such proceedings shall be claimed by or
on behalf of the Authority with respect to its assets;
(c) waives any right of immunity which it or its assets, property or revenues now has, may acquire in
the future or which may be attributed to it in any jurisdiction; and
(d) consents generally in respect of the enforcement of any judgement or award against it in any
such proceedings to the giving of any relief or the issue of any process in any jurisdiction in connection
with such proceedings (including the making, enforcement or execution against it or in respect of any
assets, property or revenues whatsoever irrespective of their use or intended use of any order or
judgement that may be made or given in connection therewith).
In the event of any conflict between the Concession Agreement and this Agreement, the provisions
contained in the Concession Agreement shall prevail over this Agreement.
All additions, amendments, modifications and variations to this Agreement shall be effectual and binding
only if in writing and signed by the duly authorised representatives of the Parties.
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11.5 Waiver
11.5.1 Waiver by any Party of a default by another Party in the observance and performance of any
provision of or obligations under this Agreement:
(a) shall not operate or be construed as a waiver of any other or subsequent default hereof or of
other provisions of or obligations under this Agreement;
(b) shall not be effective unless it is in writing and executed by a duly authorised representative of
the Party; and
(c) shall not affect the validity or enforceability of this Agreement in any manner.
11.5.2 Neither the failure by any Party to insist on any occasion upon the performance of the terms,
conditions and provisions of this Agreement or any obligation thereunder nor time or other indulgence
granted by any Party to another Party shall be treated or deemed as waiver of such breach or acceptance
of any variation or the relinquishment of any such right hereunder.
This Agreement is solely for the benefit of the Parties and no other person or entity shall have any rights
hereunder.
11.7 Survival
(a) shall not relieve the Parties of any obligations hereunder which expressly or by implication
survive termination hereof; and
(b) except as otherwise provided in any provision of this Agreement expressly limiting the liability of
either Party, shall not relieve either Party of any obligations or liabilities for loss or damage to the other
Party arising out of, or caused by, acts or omissions of such Party prior to the effectiveness of such
termination or arising out of such termination.
11.7.2 All obligations surviving the cancellation, expiration or termination of this Agreement shall only
survive for a period of 3 (three) years following the date of such termination or expiry of this Agreement.
11.8 Severability
If for any reason whatever any provision of this Agreement is or becomes invalid, illegal or unenforceable
or is declared by any court of competent jurisdiction or any other instrumentality to be invalid, illegal or
unenforceable, the validity, legality or enforceability of the remaining provisions shall not be affected in
any manner, and the Parties will negotiate in good faith with a view to agreeing to one or more provisions
which may be substituted for such invalid, unenforceable or illegal provisions, as nearly as is practicable to
such invalid, illegal or unenforceable provision. Failure to agree upon any such provisions shall not be
subject to dispute resolution under Clause 10.1 of this Agreement or otherwise.
This Agreement shall be binding on and shall inure to the benefit of the Parties and their respective
successors and permitted assigns.
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11.10 Notices
All notices or other communications to be given or made under this Agreement shall be in writing and
shall either be delivered personally or sent by courier or registered post with an additional copy to be sent
by facsimile. The address for service of each Party and its facsimile number are set out under its name on
the signing pages hereto. A notice shall be effective upon actual receipt thereof, save that where it is
received after 5.30 (five thirty) p.m. on a business day, or on a day that is not a business day, the notice
shall be deemed to be received on the first business day following the date of actual receipt. Without
prejudice to the foregoing, a Party giving or making a notice or communication by facsimile shall promptly
deliver a copy thereof personally, or send it by courier or registered post to the addressee of such notice
or communication. It is hereby agreed and acknowledged that any Party may by notice change the
address to which such notices and communications to it are to be delivered or mailed. Such change shall
be effective when all the Parties have notice of it.
11.11 Language
All notices, certificates, correspondence and proceedings under or in connection with this Agreement
shall be in English.
Each of the Parties shall, by notice in writing, designate their respective authorised representatives
through whom only all communications shall be made. A Party hereto shall be entitled to remove and/or
substitute or make fresh appointment of such authorised representative by similar notice.
This Agreement may be executed in four counterparts, each of which when executed and delivered shall
constitute an original of this Agreement.
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GLOSSARY
TECHNICAL
BOD:Biological Oxygen Demand
CETP: Central Effluent Treatment Plant
COD:Chemical Oxygen Demand
CRMB: Crumb rubber modified bitumen
G.I:Galvanized Iron
GSR:Ground Service Reservoir
HDPE: High Density Poly Ethylene
HPMV:High Pressure Mercury Vapour
HPSV:High Pressure Sodium Vapour
HYSD: High Yield Strength Deformed
LED:Light Emitting Diode
MCB:Miniature Circuit Breaker
MS:Mild Steel
MSW:Municipal Solid Waste
O&M: Operation and Management
OHT: Over Head Tank
PMB: Polymer modified bitumen
POP:Plaster Of Paris
QAM:Quality Assurance Manual
QAP:Quality Assurance Plan
RCC : Reinforced Cement Concrete
ROW:Right Of Way
RWH:Rain Water Harvesting
STP : Sewage Treatment Plant
TPE: Third Party Engineer
UGR : Underground Reservoir
UPVC: Unplasticized polyvinyl chloride
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WC:Water Closet
UNITS
cu.m: Cubic Meters
FPS:Foot Pound Second
Kms: Kilo Meters
MLD: Million Litres Per Day
mm: Millimetre
m: Meters
sqm: Square Meters
W: Watts
MISCELLANEOUS
Nos:Numbers
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