Tender for Setting up of 50 TPD Capacity Construction and Demolition (C&D) Waste Processing Facility on Engineering, Procurement, Construction (EPC) Basis for Porbandar Municipal Corporation (PMC) With 5 Year Operation And Maintenance.

5. Estimated Cost of Project Rs. 1,82,00,000/-

Note: The bidders shall have to submit their bids online and upload the relevant documents

Municipal Commissioner

Porbandar Municipal Corporation

ISSUING OFFICE:

Municipal Commissioner

Porbandar Municipal Corporation

Porbandar Municipal Corporation,Mahanagar Seva Sadan, Porbandar-

Porbandar Municipal Corporation

Solid Waste Management Department

E -Tender Notice No: PMC/2026/SBM/02

“Tender for Setting up of 50 TPD Capacity Construction and

Demolition (C&D) Waste Processing Facility on Engineering,

Procurement, Construction (EPC) Basis for Porbandar

Municipal Corporation (PMC) With 5 Year Operation And

Porbandar Municipal Corporation

Solid Waste Management Department

Tender Notice No. PMC/2026/SBM/02

Organization Name Porbandar Municipal Corporation

Department Name Solid Waste Management Department

Scope of Work Tender for Setting up of 50 TPD Capacity Construction and Demolition (C&D) Waste

Processing Facility on Engineering, Procurement, Construction (EPC) Basis for

Porbandar Municipal Corporation (PMC) With 5 Year Operation And Maintenance.

Tender Type Open NCB

Bidder Nationality Indian

Type of Contract Work

Bidding Currency Indian Rupees

Joint Venture Not Allowed

Schedule of Pre-bid Meeting / Online Query For queries email your queries on

E-Tender [email protected]

only on or before dt. 27/01/2026 during

Document downloading last date & 22/05/2026 Up to 17.30 Hour

Last date & time of online Bid 22/05/2026 Up to 17.30 Hour

Physical submission of EMD, Document 29/05/2026 Up to 18.00 Hour At the

Fee, PQ bid, Technical bid and office of Porbandar Municipal

Supporting documents Corporation,Mahanagar Seva Sadan,

SVP Road, Porbandar- 360575 through

RPAD/Speed Post through postal

Opening of PQ (Technical) Bid From Dt.22/05/2026 - 18:05 hours

Opening of Price Bid (Online) Intimated later (Online)

Bid validity period 180 days from opening of Price-Bid

Project Duration for Capital work 06 Months (Including Monsoon)

Defect Liability Period for Capital work 12 Months from completion of capital

Payment Details Document Fee Rs. 4248/- in the form of valid Demand

Draft in favor of “The Municipal

Commissioner, Porbandar Municipal

Corporation” payable at Porbandar

Municipal Corporation,Mahanagar Seva

Sadan, SVP Road, Porbandar-

EMD Total amount of EMD Rs. 1,82,000/-shall

EMD Total amount of EMD Rs. 1,82,000/-shall

have to be paid by pay order or demand

draft of any Nationalized Bank/Scheduled

Bank payable at Porbandar in favour of

The Municipal Commissioner,

Municipal Corporation” only.

Estimated Value Rs. 1,82,00,000/-

General Terms & The tenders will be received 22/05/2026 Up to 18.00 Hour through online e-

Conditions tendering on https://tender.nprocure.com

E.M.D. & Tender fee shall be submitted in electronic format only through online (by

scanning) while uploading the bid. This submission shall mean that E.M.D. & tender

fee are received for purpose of opening the bid. Accordingly, offer/tenders of those

tenderers whose E.M.D. & tender fee is received electronically, shall be opened.

However, for the purpose of realization of EMD and Tender Fee, bidder shall send

the EMD as well as Tender fee in required format in original through RPAD / Speed

Post so as to reach to Main Office within 7 days from the last date of submission of

price-bid. Punitive action shall be initiated for non-submission of EMD & Tender

fees in original to Main office by bidder including abeyance of registration and

cancellation of E-tendering code for One year. All documents in supporting of bid

shall be in electronic format only through online (by scanning) during the bidding

period & hard copy will not be accepted separately.”

 All documents must be coloured scanned to be seen as original. Scanning in

black and white or grey shall not be acceptable.

 All the original documents must be notarized with clearly displaying stamps,

number and name of the notary. The photocopies shall be self-attested by

 Price Bid shall have to be quoted strictly online only. No hard copy of the

price bid shall be accepted.

 All documents related to qualification shall be submitted online only,

submission made in physical format later (apart from documents asked in

hard copy by PMC) shall not be considered as part of bid.

 Addenda/corrigenda to these tender documents, if issued must be signed

and submitted online only.

DOWNLOAD OF TENDER DOCUMENT: -

The tender documents for these works are available only in electronic format

which can be download free of cost by the bidder.

SUBMISSION OF TENDER: -

The tenders will be received 20/05/2026 Up to 18.00 Hour through online e-

tendering on www.tender.nprocure.com

"Following Documents shall only be submitted in HARD COPY to Municipal

Commissioner, Porbandar Municipal Corporation, Porbandar by all bidders"

 Earnest Money Deposit as mentioned in the Tender.

 Tender Fees as mentioned in the tender.

 Affidavit on Non-Judicial Stamp Paper of Rs.300/-

 Undertaking by the tenderer for not black-listed on Non-Judicial Stamp Paper

 Downloaded Tender document must be stamped and signed by authorized

personal and submitted in hard copy in Technical Bid cover.

Price bid submitted physically will not be accepted. Please note that Non-

submission of Hard copies of Technical Bid as well as price bid does not absolve the

bidders from any liability created from the bid condition and bidding process. Price

Bid shall have to be quoted strictly online only. Technical-Bid in Hard copy shall be

submitted only by Successful Bidders upon intimation from PMC."

This cover must be superscripted with "Technical Bid Cover". All above sealed

covers shall be put together in One cover (say Main cover) and this cover duly

sealed shall be submitted to “-Municipal Commissioner, Porbandar

Corporation,Mahanagar Seva Sadan, SVP Road, Porbandar- 360575" by Speed Post

/ Registered Post only on or before 27/05/2026 Up to 18.00 Hour

 Tender Notice No., Due Date, Name of Work, and Name of Tenderer /

Contractor with Address must be specified on all above covers.

 No delay on account of any case for receipt of tender shall be entertained.

Tenders received or due to be received after the time limit is over will not be

accepted and if inadvertently accepted will not be opened and will be

returned unopened. The tenders which may get opened before the due date

with no indication having been given on the outside of the envelope are

liable to be rejected.

 The tender must contain the name, address and residence and place of

business of the person submitting the tender and must be signed and sealed

by the Tenderer with his usual signature.

All partners must sign a tender document in case of partnership firm. The full name

and addresses of all the partners shall be furnished. The tenders by Corporation /

Companies must be signed with the legal name of the Corporation / Company by

the president / or by the secretary or other person or persons legally authorized to

bind the Corporation / Company in the matter.

OPENING OF TENDER: - The Technical Bid will be opened on the specified date

online on the website https://tender.nprocure.com Bidders or their representative

who wish to participate in online tender opening can log on to

https://tender.nprocure.com on the due date and time, mark their presence and

participate in online tender opening. Bidders who wish to remain present at

Porbandar Municipal Corporation, Solid Waste Management Department at the

time of tender opening can do so. Only one representative of each firm will be

allowed to remain present.

Information for 1. Internet site address for e-Tendering Activities will be

online participation https://tender.nprocure.com

2. Interested bidders can view detailed tender notice and download tender

documents from the above-mentioned website.

3. Bidders who wish to participate in online tender have to register with the

website through the “New User Registration” link provided on the home page.

Bidder will create login id & password on their own in registration process

Bidders who wish to participate in this tender need to procure Digital Certificate

as per Information Technology Act-2000 using that they can digitally sign their

electronic bids. Bidders can procure the same from any of the CCA approved

certifying agencies, or they may contact (n) code Solution at below mentioned

address and they will assist them in procuring the same. Bidders who already

have a valid Digital Certificate need not to procure the same. In case bidders

need any clarification regarding online participation, they can contact M/S (n)

code Solution301, G.N.F.C. Info Tower, Near Grand Bhagwati Hotel, Ahmedabad

Municipal Commissioner

Porbandar Municipal Corporation

ISSUING OFFICE:

Municipal Commissioner

Porbandar Municipal Corporation

Porbandar Municipal Corporation,Mahanagar Seva Sadan, SVP Road, Porbandar-

ANNEXURE – 4 HISTORY OF LITIGATION & BLACKLISTING .............................................................

ANNEXURE – 6 DECLARATIONS OF THE CONTRACTOR...................................................................

1. IMPORTANT INSTRUCTION TO BIDDER

Notice Inviting Bids

The Municipal Commissioner, Municipal Corporation, Porbandar invites sealed bids from competent

bidders for “Tender for Setting up of 50 TPD Capacity Construction and Demolition (C&D) Waste

Processing Facility on Engineering, Procurement, Construction (EPC) Basis for Porbandar Municipal

Corporation (PMC) With 5 Year Operation And Maintenance”.

• To comply with the Municipal Solid Waste (Management and Handling) Rules 2016 and

Construction and Demolition Waste Management Rules, 2016 and 2025 its latest amendments.

• To improve the existing standards of public health and environmental, quality by establishing

efficient solid waste management.

1.1. Background of the Project

1.1.1. Solid Waste Management, which includes management of Construction & Demolition (C &

D) Waste, is one of the most challenging issues being faced by the rapidly developing

country like India. C & D waste consists of waste that is generated during new construction,

remodelling, renovation, repair and alteration of residential, commercial, government or

institutional buildings, industrial, commercial facilities and demolition of buildings, roads,

bridges, dams, tunnels, railways and airports. Often contain Concrete, Metals and plastics,

Wood, Asphalt, Gypsum, Salvaged building components such as doors, windows and

fixtures, Masonry,Stone, bricks and other miscellaneous. C & D debris often contains bulky,

heavy materials that include:

I. Concrete, wood, and asphalt (from roads and roofing shingles)

II. Gypsum (the main component of drywall)

III. Stone,Metal, bricks, glass and plastics

IV. Salvaged building components, such as doors, windows and plumbing fixtures

1.1.2. While C & D waste streams are large in volume, they generally contain relatively inert

material, which are of low risk for waste management. It is commonly understood that this

waste can be considered a resource, either for reuse in its original form. Due to increasing

waste production and public concerns about the environment, it is desirable to recycle

materials from building demolition.

1.2. Scenario of C & D Waste Processing in India:

- It is estimated that the construction industry in India generates about 10-12 million tons of C &

D Waste annually. The presence of C & D Waste and other inert materials is significant (almost

one third of total MSW on an average), but so far not much development has taken place for

utilizing this in an organized manner. It constitutes about 20 % of the municipal solid waste

(excluding large construction projects). Projections for building material requirement of the

housing sector indicate a shortage of aggregates to the extent of about 55,000 million cum.

Additional 750 million cum aggregates would be required for achieving the targets of the road

sector. Recycling of aggregate material from construction and demolition waste may reduce

the demand-supply gap in both these sectors.

- While retrievable items such as Stone, bricks, wood, metal, tiles are recycled, the concrete and

masonry waste, accounting for more than 50% of the waste from construction and demolition

activities, are not being currently recycled in India. Concrete and masonry waste can be

recycled by sorting, crushing and sieving into recycled aggregate. This recycled aggregate can

be used to make concrete for road construction and building material. Work on recycling of

aggregates has been done at Central Building Research Institute (CBRI), Roorkee. The study

report stresses the importance of recycling construction waste, creating awareness about the

problem of waste management and the availability of technologies for recycling.

1.3. Environment and Social Impacts of Unmanaged C & D Waste:

To address the following problems of resource depletion, increasing demand for building materials,

societal awareness on pollution effects (dust, pollution due to traffic congestion owing to roadside

disposal) of C&D these rules were framed:

- Impose strain on landfill needs;

- Hazardous portion of waste, such as asbestos, could lead to potential harm to the environment

and public health issues;

- Illegal dumping affecting the bio-habitat of dump area and creates potential public health

issues such as mosquito breeding;

- Potential high value of recycled material not tapped and gets buried in landfills or illegal dumps

leading to economic loss;

- Increasing quantity of C&D Waste leads to un-sustainable situation;

- Reliance on mines and natural sources for building material leads to escalating price, un-

sustainable supply and high transportation costs;

1.4. Objective of C & D waste management:

Following are the main objectives of C&D Waste Management:

- Maximize recovery of recyclable C&D material(s);

- Maximize reuse of recovered material in construction activity;

- Minimize waste quantity that requires landfill disposal;

- Ensure the proper disposal of C&D materials that cannot be recovered;

- Increase life of sanitary landfill site(s); and

- Reduce in total costs of C&D waste management.

1.5. Outcomes of the Proposed Project

- The proposed project shall ensure the scientific management of C&D waste as per C&D waste

management rules-2016 and its latest amendments and various directions given by honourable

- The project shall provide benefits by ensuring present diversion of C&D waste to municipal

dump sites/Sanitary landfill sites of Porbandar, thus increasing life and space of dump

sites/sanitary landfill sites to receive waste.

- C&D waste if mixed with MSW hinders the effective processing and management of MSW and

with the proposed project this could be avoided. Often, C&D waste is not properly disposed of

and same enters the drainage system choking drains or reducing the carrying capacity of the

drainage system in some places.

- Unauthorized dumping of along roads or other public land can be avoided.

2. QUALIFICATION/ELIGIBILITY CRITERIA

Followings are the minimum requirement for Qualifying in the Technical bid of the tender.

A. Only duly registered Firm/Company/ NGO/ Trust can submit Bids. Provide Certificate of Registration.

(GST / IT /. PAN etc.)

B. Registration

The bidder shall have the following registrations and details of the same be provided in the

a. PF registration.

b. Labour License / ESIC Registration

C. Financial Criteria

The Tenderer should meet the financial criteria as set out below:

The Tenderer should submit data for the F.Y. 2022-23, 2023-24, 2024-25.

a. Average Annual financial turnover during the last 03 years, ending 31/03/2025 should be at

least 30% of the amount put to tender (i.e., 30% of Rs. 1,82,00,000/- = Rs. 54,60,000/-).

Separate Chartered Accountant’s certificate shall be attached.

b. The Contractors/Companies having solvency certificate of National / Schedule Bank

amounting equal to or more than 20% of the estimated cost (i.e.,20% of Rs. 1,82,00,000/- =

Rs. 36,40,000/-) Solvency Certificate should not be more than one year old from the date of

submission of tender document.

D. Technical Criteria

Supply and running processing plant for processing of any type of waste

The bidder must have experience in successfully completing or #substantially completing similar nature

of work involving the design, construction, erection, commissioning, and setting up of equipment and

machinery for processing of Municipal Solid Waste (MSW), including Material Recovery Facilities

(MRF) or Refuse Derived Fuel (RDF) Plants or Composting Plants or Biomining Projects or

Bioremediation Projects or C&D plant during the last seven years ending last day of month previous to

the one in which applications are invited.

A. Experience in successfully completing or substantially completing at least one contract of *similar

nature of work at least 80 percent of the value Rs. 1,82,00,000/- within last seven years ending last day

of month previous to the one in which tender application is invited. (i.e., 80% of Rs. 1,82,00,000/- = Rs.

B. Experience in successfully completing or substantially completing at least two contract of *similar

nature of work at least 50 percent of the value Rs. 1,82,00,000/- within last seven years ending last day

of month previous to the one in which tender applications are invited. (i.e., 50% of Rs. 1,82,00,000/- =

C. Experience in successfully completing or substantially completing at least Three contract of *similar

nature of work at least 40 percent of the value Rs. 1,82,00,000/- within last seven years ending last day

of month previous to the one in which tender applications are invited. (i.e., 40% of Rs. Rs. 1,82,00,000/-

1. Approach & Methodology

The Bidder shall submit a detailed Approach and Methodology for execution of the Project,

which shall include, but not be limited to, the following details:

c. Use of Wet Processing Technology to be provided to tackle PMC C&D waste

d. Monitoring tool of plant & vehicles

e. Forward linkage for sale of product

2. Bidder must have experience of design, construction, erection, commissioning, and setting

up of equipment and machinery for processing of Municipal Solid Waste (MSW), including

Material Recovery Facilities (MRF) or Refuse Derived Fuel (RDF) Plants or Composting Plants

or Biomining Projects or Bioremediation Projects or C&D plant of Minimum 50 TPD Capacity

for 1 Year and as a proof of successful Operation of facility bidder must submit experience

Certificates issued by the Urban or Local Bodies confirming the same, signed by officer above

or equal to the rank of Executive Engineer/Chief Officer.

3. Bidder must submit Consent to Establish / Consent to Operate Permission of Pollution

Control Board as proof of successful Operation & Maintenance of Similar Work.

4. Oher Criteria

(i) The works for which Bidder have not entered in to contract agreement will not be considered.

(ii) Experience as sub-contractor shall not be considered.

(iii) The above experience shall be within last seven (7) financial years ending on date of bid-

(iv) The bidder should have successfully supply and running processing plant/Trommel Plant for

processing or any type of waste in any one year during last 7 years on PPP/EPC/Rental mode. (Clause

D Sub clause 1)

(v) Bidder should submit all the credentials along with all experience certificates of similar nature of

works executed.

(vi) The experience of works executed for Govt. of any central gov./organization/state govt.

organization/PMC/Municipal Corporations/Institute or any other agency of govt. of India or any of

the state govt./ULBS/Govt/Municipal authorities shall only be considered for evaluation. The

experience certificate from the client equivalent to not below the rank of Executive Engineer shall

be considered. The experience of sublet works shall not be considered.

(vii) The bidder must submit all documents online along with hardcopy.

(viii) The bidder must submit online site visit certificate with sign by clients. (Annexure 8)

(ix) Only the financial bids of the above technically responsive bidders shall be opened for financial

E. Tenderer/Company must be having financial and technical work experience as mentioned in point A

F. Joint Venture is not allowed.

(Sign. & Stamp of the Bidder)

3. DETAILS SCOPE OF WORK

The Contractor/Bidder shall develop the infrastructure facilities and supply, install, and commission the

machinery and equipment as described below:

Sr. No. Description Area / Quantity

1 Weight Bridge Room

2 Generator Room

3 Electrical Room

4 Admin Building

6 Labour Toilet

7 Staff Parking

8 Heavy vehicle parking

9 U.G.Tank with Pump Room

B Machineries and Equipment

1 Electric Hand Breaker Machine (02 Nos.)

2 Machineries and Equipment – Processing Plant

Feeding Hopper with Capacity of 10 Cubic Meter

Jaw Crusher Machine which can take material of size minimum 30 cms

Capacity: Minimum 10 Ton/Hr, Voltage: 440 V, Motor Power: 30 HP &

Material: Mild Steel

Feeding Conveyor with Mini width 3 mm & 7 Meter Long

Coarse Screen (50 mm)

Reject Conveyor with Mini width 3 mm & 6 Meter Long

Dust Aeration System / Exhaust Ventilation

SPECIFICATIONS: Power: up to 20 HP

Air Flow: 300 CFM to 45000 CFM

Filtration: upto 5 microns

MOC: Mild Steel

Finish: Powder coated

Power option: 3 Phase / Single Phase (Optional)

Mist Spray System including High Pressure Misting Tube, Mist Spray

Pump with 2 Hp power and capacity 11 LPM including Mist nozzle

Connector & Nozzle

3 Weigh Bridge of Minimum 50 Ton Capacity with Computerized System

C Compound Development

1 Land Development (Plot soil filling)

2 Compound Wall (2.5 mt. hight)

3 Main Gate (with security cabin- 2.30 mt. X 1.66 mt.) -

4 Water supply system -

5 Sewerage system -

6 CCTV Surveillance System -

Sr. No. Description Area / Quantity

D Electrical Work -

1 Transformer -

2 Electrical Work and Connection -

3 Supply & installation of Tools & Plants -

1. Weight Bridge Room – Design, construction, and finishing of a weight bridge operator room

complete with civil, electrical, and allied works.

2. Generator Room – Construction of generator room including foundation, ventilation, acoustic

provisions, and allied civil works.

3. Electrical Room – Construction of electrical control room for housing panels, switchgear, and

distribution equipment, complete in all respects.

4. Administrative Building – Construction of administrative building including offices, utilities, internal

finishes, and all associated civil works.

5. Workshop – Construction of workshop building for maintenance and repair activities, including

flooring, roofing, and service provisions.

6. Labour Toilet – Construction of labour toilet block with sanitary fittings, water supply, drainage, and

finishing works as per applicable norms.

7. Staff Parking – Development of paved parking area for staff vehicles including surface preparation

8. Heavy Vehicle Parking – Development of paved parking area for heavy vehicles including

earthwork, sub-base, and wearing course.

9. Underground Tank with Pump Room – Construction of underground water storage tank along with

pump room, pumps, piping, and allied civil works.

B. Machineries and Equipment

1. Electric Hand Breaker Machine (02 Nos.) – Supply, installation, testing, and commissioning of

electric hand breaker machines complete in all respects.

2. Machineries and Equipment – Design, supply, installation, testing, and commissioning of complete

dry processing system comprising feeding hopper, jaw crusher, conveyors, vibro screens, screening

units, reject conveyor, dust extraction system, and mist spray system, including all accessories and

electricals, complete in all respects.

3. Weigh Bridge (Minimum 50 MT Capacity) – Design, supply, installation, testing, and commissioning

of computerized electronic weighbridge system including load cells, indicator, software, foundation,

and accessories.

C. Compound Development

1. Land Development (Plot Soil Filling) – Site preparation including earthwork, soil filling, levelling,

and compaction to required formation levels.

2. Compound Wall (2.5 m Height) – Construction of compound wall of specified height including

foundation, masonry, plastering, and finishing.

3. Main Gate with Security Cabin – Design and construction of main entry gate along with security

cabin, complete with civil, electrical, and finishing works.

4. Water Supply System – Design and execution of complete internal water supply system including

pipelines, valves, fittings, and connections.

5. Sewerage System – Design and execution of sewerage and drainage system including pipelines,

manholes, and disposal arrangements.

6. CCTV Surveillance System – Supply, installation, testing, and commissioning of CCTV surveillance

system including cameras, cabling, recording, and monitoring equipmen

D. Electrical Works

1. Transformer – Design, supply, installation, testing, and commissioning of transformer including

foundation, HT/LT connections, protection systems, earthing, and all associated civil and electrical

works, complete in all respects.

2. Electrical Work and Connection – Design, supply, installation, testing, and commissioning of

complete electrical works including power distribution, internal and external cabling, lighting,

sockets, earthing, and statutory electrical connections for the entire facility.

3. Supply & Installation of Tools & Plants – Supply, installation, testing, and commissioning of tools

and plants required for operation and maintenance of the facility, including all accessories and

associated electrical connections, complete in all respects.

Technical Specification of for Machineries and Equipment are as Below:

1. Electric Type Hand Breaker Machine 16 KG BREAKER MACHINE, 41 J, 1750 W,

Impact Energy 41 J

Power Consumption 1750 W

Type of Product Breaker Machine

Usage/Application Demolition / Drilling

Country of Origin Made in India

2. C&D Waste processing plant

1. Jaw Crusher Machine

Supply, installation, testing, and commissioning of double toggle jaw crusher suitable for crushing

Construction & Demolition (C&D) waste, capable of handling material size up to 300 mm, complete with

motor, accessories, and safety provisions.

Technical Specifications:

Sr. Parameter Specification

Sr. Parameter Specification

1 Crusher Type Double Toggle Jaw Crusher

2 Material Handled Construction & Demolition Waste

3 Maximum Feed Size 300 mm

4 Feed Opening Width 800 mm

5 Feed Opening Depth 510 mm

6 Product Output Size 0 – 30 mm

7 Closed Side Setting (CSS) 20 mm

8 Jaw Gap Adjustment 2 – 6 mm

9 Crushing Capacity Minimum 10 TPH (capable up to 400 TPH)

10 Speed 200 RPM

11 Motor Power 30 HP / 35 kW

12 Voltage & Supply 440 V, 3 Phase, 50 Hz

13 Jaw Plate Material As per manufacturer’s standard

14 Body / Frame Material Mild Steel

15 Standards & Compliance Latest applicable IS standards

3. Feeding Hopper with Conveyor

Design, supply, installation, testing, and commissioning of feeding hopper with conveyor system

suitable for stone crushing and C&D waste feeding operations.

Technical Specifications:

Sr. Parameter Specification

1 Usage / Application Stone Crushing / Construction & Demolition Waste

2 Capacity 30 TPH

3 Motor Type AC Motor

4 Motor Power 30 HP

5 Voltage 440 V

6 Frequency 50 Hz

7 Phase Three Phase

8 Number of Rollers 2 Nos.

9 Surface Treatment Painted

10 Power Source Electric

4. Feeding Conveyor

Supply, installation, testing, and commissioning of feeding conveyor for continuous material transfer

between processing units, complete with drive system and structural supports.

5. Vibro Screen

Supply, installation, testing, and commissioning of vibro screening system for material segregation,

complete with screen decks and drive arrangement.

 (a) Coarse Screen – 50 mm

 (b) Intermediate Screen – 20 mm

 (c) Fine Screen – 6 mm

6. Reject Conveyor

Supply, installation, testing, and commissioning of reject conveyor for removal and handling of oversized

and non-processable material, complete in all respects.

7. Dust Aeration System / Exhaust Ventilation System

Supply, installation, testing, and commissioning of portable/centralized dust extraction and exhaust

ventilation system for effective control of dust and airborne particulates generated during processing

Technical Specifications:

Sr. Parameter Specification

1 System Type Cartridge-based dust collector with automatic reverse pulse

2 Power Rating Up to 20 HP

3 Air Flow Capacity 300 CFM to 45,000 CFM

4 Filtration Efficiency Up to 5 microns

5 Material of Construction Mild Steel

6 Surface Finish Powder Coated

7 Power Supply 3 Phase (Single Phase optional)

8 Customization Available as per site requirements

Accessories (as required):

 Centrifugal Blower

 Spiral & Flexible Ducts

 Suction Hoods

 Sequential Timer

 Magnahelic Gauge

Application Suitability:

Grinding, sanding, welding fumes, abrasive blasting, ambient filtration, mixing/blending dust, carbon

black, toner dust, food additives, spices, talc, corn starch, etc.

8. Mist Spray System

Design, supply, installation, testing, and commissioning of high-pressure mist spray system for dust

suppression and cooling, suitable for continuous industrial operation.

Technical Specifications:

Sr. Component / Parameter Specification

A Misting Nozzles

1 Nozzle Type High-pressure fine mist nozzles

2 Nozzle Material Stainless steel / corrosion-resistant material

3 Spray Angle Adjustable

Sr. Component / Parameter Specification

4 Pump Type High-pressure pump

5 Pump Power Electric

6 Operating Pressure Adjustable as per system requirement

7 Flow Rate As per system design

C Water Supply & Filtration

8 Fluid Used Water (with optional additives such as deodorizers / dust

9 Filtration In-line filtration to prevent nozzle clogging

D Control System

10 Mode of Operation Manual / Automatic

11 Control Panel PLC-based control (optional)

12 Remote Monitoring Optional

E Mounting & Installation

13 Mounting Type Fixed / Portable

14 Weather Protection Weather-resistant construction suitable for outdoor

F Safety Features

15 Emergency Shut-off Provided

16 Pressure Relief Valve Provided

17 Low Water Level Indicator Provided

G Energy Efficiency

18 Energy Consumption Optimized for efficient operation

19 Pump Speed Control VFD-based control (optional)

H Maintenance & Monitoring

20 System Status Indication LED status indicators

21 Maintenance Access Easy access for routine maintenance

22 Data Logging Optional

8 .Stone Bridge Cutting Machine

Technical Specifications:

Sr. Component / Parameter Specification

1 Product Type Stone Bridge Cutting Machine

2 Automatic Yes

3 Voltage 240 Volt (v)

4 Feature Automatic Feeding, High Torque, Low Noise, Environmental

5 Warranty 1 Year

7 Cutting Material Granite, Marble, Jodhpur stone, other natural stones

A weighbridge of minimum weighing capacity of 50 tons will be installed at processing facility. It shall be

equipped with a computerized system. The platform scales will have the capability of accurately

measuring tare and net weighs of vehicles. The scales will have a minimum designated level of accuracy.

The weighbridge shall generate and maintain an electronic database for each delivery with time stamp

and provide the specifications and details for each consignment received at the project site.

Specifications:

 Capacity: 50 MT

 Rated Output: 2 m v/v

 Calibration accuracy: +/- 0.1%

 Temperature effects on zero balance: less than +/- 0.15% / 70C

 Temperature effect on Output: Less than +/- 0.08% / 70C

 Environment Protection: IP-67

GI Steel Structure IS 2062 steel + zinc coating (hot-dip galvanization)

Intelligent Terminal 8 L.C. based

30 Mt Capacity Multi Ended Compression type load cell with assembly

8 Load cell Junction Box

Jumbo Display 2.3 Inch LED

Dot Matrix Printer

Technical Specifications of Intelligent Terminal:

Memory Capable of storing approximately 1 lakh weighment records.

Power Supply. SMPS power supply - 90V to 270V AC @ 50Hz.

A/D Converter Dual slope type with charge balancing feature.

A/D Clock 10 KHz.

Conversion Speed 10Hz.

Load Cell Excitation 10V @ 300mA (8 load cells of 750 ohms).

Signal/Unit weight 1 micro volt to 3 micro volts.

Key Board 101 Key Board IBM PC AT type.

Printer Port Centronics compatible parallel port.

Printer EPSON LX

Serial Port 1 no. RS-232C type port is available (For computer interface

or remote display interface)

Display 40 char X 2 lines LCD display with back light for data Entry

and display of weight date and time. 6- d i g i t bright red 1”

display for weight.

Remote Display Port Optional 1/2” / 1” /2.3”/ 4”, 6-digit bright red LED display.

Indication Buzzer for fault and data entry.

Fuse F1 fuse 10mA for AC power in.

Protection i) RFI/EMI filter for input power.

ii) Spike Suppressor for input transients.

Weight Record Storage 1500 records, depending on options programmed.

Consolidated Reports Date wise and all 5-entry wise for full & pending report.

Input Voltage 200V - 250 V AC @ 50Hz.

Power Consumption 10 VA (approx.).

Environment Operating Temp: 5 to +55 Celsius.

Humidity: 0 to 95% non-condensing.

Mechanical Dimensions: 250mm X 260mm X 80mm (WXDXH) Weight: 4.4 Kg.

Load Cell Technical Specifications:

DESCRIPTION SPECIFICATION

Type Multi Ended share beam LC.

Excitation Voltage 10VDC-MAX 15VDC10-15 VDC

Nominal Output 2.0 mV/V

Non-Linearity <+/-0.017% FSO

Hysteresis <+/-0.02% FSO

Non-Repeatability <+/-0.01% FSO

Creep (30 minutes) <+/-0.02% FSO

Input Resistance 770+/-20 Ohms

Output Resistance 700+/-10 Ohms

Insulation Resistance >5000 Mega Ohms

Safe Overload 150% Rated Cap.

Ultimate Overload 300% Rated Cap.

Temperature (Compensated) -10 – +40 C

Temperature (Operating) -35 - +65 C

Construction Material Alloy steel

Accuracy class OIML R60 C3

Power Protection Surge/Spike Protection

Weather Protection IP 68, Lightning Protection

Load cell intervals

Ratio of min. LC verification intervals Y=Emax./Vmin. 7500-15000

Combined error <+/-0.017% FSO

Minimum load 0 Ton

Zero Balance <+/-1.5 % FSO

Cable length 12 mtr

Cable type 4 core shielded, 5.5mm.

Digital Terminal Technical Specifications for Pre- Calibrated Digital Load Cell:

Model IIT for DLC Indicator with intelligent terminal is a 32 bit microprocessor based indicator for use on a

single weigh platform with digital load cells mounted.

Processor 32bit Processor

Processor clock frequency 50 MHz

Real time clock On board battery backed RTC.

RTC Clock frequency 32.768 KHz.

Memory Capable of storing approximately 1 lakh weighment records.

Power supply SMPS power supply

Input Voltage 90V to 270V AC @ 50Hz.

Protection a) 2.5A fuse for input AC mains.

b) Input line filter for EMI and RFI suppression.

c) Spike suppressor for input transients.

d) Opto-isolation of signals and I/Os for high immunity from

electrical noise.

Power Consumption 10 VA (approx.)

Loadcell excitation 8V DC with current capability to drive up to 12 load cells of

750 ohms input resistance.

Signal Sensitivity Micro volts per division of weight (unit weight).

Display 16 characters by 2-line LCD display with backlight for displaying numerals

and alphabets for data entry and 6 digit ½” RED LED numeric display.

Keyboard port. 101-key with USB connector compatible keyboard

USB Port USB Port configured for Pen Drive.

Printer port Isolated Centronics compatible printer port provided on rear

panel for connecting 80-column dot matrix printer for

printing of weighment record and reports.

Serial port Isolated RS-232 serial port is provided for computer interfacing, driving

remote displays and Modem

Remote Display Port Remote display port is provided to connect optional

1/2inch, 1inch, 2.3inch or 4inch bright red LED display to

weight on the platform.

Wi-Fi Transmission facility to connect wireless peripherals. (optional)

Environment Operating 0 to 55 Celsius

Humidity: Up to 95% RH non-condensing.

Mechanical Dimensions: 250 mm (w) x 280 mm (D) x 80mm (H)

Weight: 2.5 kg (approx.)

Pre-Calibrated Digital Load Cell Technical Specifications:

Make Valiant (Made in India)

Temperature Rage -30 C~ to + 70C

Zero Balance 0.1% F.S.

A/D Module Resolution 1000000 (Ten Lakh per Load cell)

Input Resistance Rs 485 Full Duplex

Output Renitence Rs 485 Full Duplex

Insulation Resistance > 5000 MΩ @100v

Safe overload 150% F.S.

Data Refresh Rate 50 HZ

Protection Class IP

Communication Baud Rate 9600 BPS

Input Voltage 9 ~ 12 VDC

Combined Error 0.02% F.S.

Max Input Voltage 20 VDC

Creep Error 0.02% F.S.

Signal Trans. Dist. 1200 M

Temp Effect Sensitivity 0.02% F.S./10C

Lighting Protection Inbuilt

Cable length 16mtr

Sealing Type Hermetically sealed

Weighbridge Platform - Specification

Size of Platform: 9X3Mtr

Weighing Capacity: 50Mt X 5Kg

Overload Capacity: 150% of Rated Capacity

Ultimate Overload: 200% of Rated Capacity

Nos. of Load Cell: 06 Nos.

According to platform length & weighbridge

Size of Main Girder:

Suggest Angle of Inclination: 10 Degree of in & Exit Ramps Permitted

Speed of Vehicle: 10 Km/ Hrs.

1. The above data sheet is indicative only and shall be considered as minimum requirements. Bidder shall

provide infrastructure as per their design and requirements to achieve treatment of 50 TPD C & D as per

2. Conduct site assessment and feasibility study before beginning the design process - detailed soil

investigation by mechanical rig and submit soil testing and investigation report highlighting load bearing

capacity of strata, depth of foundation, type of foundation and other recommendations as regards to

most economical design of foundations, use of excavated soil for back filling, plinth filling, landscaping

and road works and make use of this data in design and construction of this plant.

3. This is an engineering procurement and construction (EPC) type of Tender and the finally selected

contractor will be responsible for the design, engineering, detailed drawings, and construction of the C

& D plant building and other ancillary structures within the limits of the contract along with all civil and

other electromechanical and specialized services that may be necessary for smooth operation of the

plant to its rated performance capacity.

4. Contractor shall obtain consent to establish, consent to operate. PMC will provide necessary supporting

documents whenever required.

Scope of Work, Infrastructure, and Technical Specifications for C&D Waste Processing Facility

a) Treatment Process

 The successful bidder shall set up a Construction & Demolition (C&D) Waste Management Facility

at the designated site as per the Bid Specifications. Site development works, including but not

limited to drainage works and electricity (inside and outside the processing unit), shall be provided

by the bidder. The platform for the C&D waste plant shall be constructed by the contractor.

 The successful bidder shall be expected to use a combination of technologies, including crushing,

screening, and separation, etc., that will maximize waste treatment and ensure that not more

than20% of the input waste is sent to the dumpsite/landfill.

 The bidder shall be expected to use a combination of mechanical process technologies/systems,

including crushing, screening, separation, washing, etc.

 The entire C&D waste processing and management system shall be compliant with the C&D Waste

Management Rules, 2016 and 2025, and its latest amendments, or any other applicable rules,

regulations, and guidelines in force.

 The bidder shall use suitable C&D waste processing technology to minimize nuisance due to

excessive dust generation during processing activities.

 Dust Control Plan: Suitable measures shall be taken by the bidder to control and manage dust

generated during the processing of C&D waste and to ensure that dust generation is minimal, even

during dry seasons, in compliance with applicable rules, acts, guidelines, and NGT orders, as

amended from time to time.

b) Treatment Facility

PMC shall hand over partial land located at oddar, Porbandar having an approximate area of 1.2 acres, for

execution of the project. The latitude and longitude of the proposed site are 21°35'58.87"N and

69°38'56.30"E, respectively. The work at the site shall be divided into the following broad categories:

1. Site Development

 The broad scope of work to be carried out by the bidder under site development shall include, but

not be limited to, construction of site office, boundary wall, drainage, storm water drains, and

electricity (inside and outside the processing unit), etc.

 In the absence of a sewer network of PMC, the bidder shall construct a soak pit and septic tank

(with a capacity for 30 persons per day) and shall ensure periodic cleaning and maintenance.

 The bidder’s scope of work under site development shall include internal roads, precast boundary

wall, administrative office, weighbridge, security office, toilet block, premises rainwater

harvesting system, maintenance workshop shed, etc.

 The bidder shall develop the C&D waste processing facility within 6 months (including monsoon)

from the date of issue of the work order.

 The bidder shall construct foundations for machinery as per the relevant Indian Standard (IS)

 The contractor shall use sulphate-resistant cement, GI anti-corrosive painted steel, corrosion-

resistant materials, and zinc paint for construction activities.

2. Construction and Operation of C&D Waste Processing System

 The responsibilities of the operator shall include undertaking necessary topographical survey and

geotechnical investigation to assess the hydrological and flooding potential of the site.

 Construction of a 50 TPD C&D Waste Processing Technology Plant shall be carried out as per the

Bid Specifications.

 The contractor shall also be responsible for testing of recycled products generated from C&D

 There shall be no lease of land to the operator, and the operator shall not be permitted to raise any

financial encumbrance on the said land. The operator shall only have a license to use the land for

the purpose of this project until the contract period expires or the contract is terminated,

whichever is earlier.

3. Quality Management

 Quality management is essential for achieving the goal of constructing durable and good-quality

roads. Processed C&D waste (RA and RCA) shall be free from deleterious materials such as organic

content, vegetable matter, coal, clay lumps, and external substances such as plastic, carry bags,

paper, etc. RA shall also be free from chemicals known to be detrimental to the strength or

durability of concrete, such as chlorides and sulphates, beyond permissible threshold values.

 Regular quality control tests shall be conducted by the contractor through a reputed NABL-

accredited laboratory, and the test reports shall be submitted to the In-charge of the Plant. The

frequency of testing shall be once every month.

 The contractor shall cooperate with PMC and identify a suitable stretch of an PMC road to enable

testing of the processed C&D waste as a road-building material, for obtaining certification from the

Central Road Research Institute (CRRI) or a reputed NABL-accredited laboratory regarding its

4. Technical Specification & Requirements of C&D Waste Processing Plant

1. The bidder shall provide infrastructure as per its design and requirements to achieve treatment of

50 TPD of C&D waste, as per the scope of work.

2. The bidder shall obtain and submit a one-year spare warranty from the OEM from the date of

commencement of work.

3. Only genuine spare parts from the OEM shall be used as replacements, if required.

5. Design Standards for Civil Works

i. All designs shall be based on the latest Indian Standard (IS) Specifications or Codes of Practice. The

design standards adopted shall follow best modern engineering practices, including relevant international

standards or specialist literature, subject to such references being provided in English and approved by the

Employer. In case of any variation or contradiction between IS standards and the specifications provided in

the tender documents, the provisions of these Specifications shall prevail.

ii. All reinforced concrete structural designs shall generally conform to the following Indian Standards:

1. IS 456 – Code of Practice for Plain and Reinforced Concrete

2. IS 875 (Part 1 to 5) – Code of Practice for Design Loads for Buildings and Structures

3. IS 3370 (Part I to IV) – Code of Practice for Concrete Structures for the Storage of Liquids

4. IS 1893 – Criteria for Earthquake Resistant Design of Structures

5. IS 2974 (Part 1 to 4) – Code of Practice for Design and Construction of Machine Foundations

iii. All structural steel designs shall generally conform to:

1. IS 800 – Code of Practice for General Construction in Steel

2. IS 806 – Code of Practice for Use of Steel Tubes in General Building Construction

iv. Detailed design and working drawings of the C&D plant, including plans, elevations, and sections for civil,

mechanical, electrical, and other components, along with detailed BOQs, shall be submitted by the

contractor for vetting. The drawings and BOQs shall be vetted by PMC Authority / appointed TPI / PMC /

IIT / NIT or similar institute. Any modifications suggested shall be incorporated by the contractor without

any additional cost or price escalation. Final drawings shall be submitted in three hard copy sets. Execution

shall be carried out strictly as per approved drawings. In case of discrepancies, the written decision of the

Engineer-in-Charge shall be final. In case of conflict between drawings and BOQ, the BOQ shall prevail

unless otherwise directed in writing.

6. Transfer and Handback of Project Site

 After completion of civil and mechanical capital works, the bidder shall hand over the site to PMC.

The security deposit for capital works shall be released after completion of the 12-month defect

liability period.

 The selected bidder shall transfer the plant and machinery in working condition (after a one-month

trial period) to PMC upon expiry of the contract period (09 months). The condition of the

machinery shall be verified by the SWM Department of PMC.

The contractor shall reserve minimum 20% of total recycled product/material generated from the

C&D waste processing plant for exclusive use of PMC. Such reserved material stock shall be

maintained separately with proper stacking, inventory and record keeping.

PMC shall not make any payment for such 20% reserved material. The contractor shall supply the

same free of cost for utilization in municipal works as and when directed by PMC.

The reserved products may include recycled aggregates, sand, paver blocks, kerb stones, GSB material

and other approved recycled products generated from the plant.

4. GENERAL CONDITION

 Eligible Bidders

This invitation to bid is open to all Bidders who satisfy the qualification criteria as per the tender

 Issue of Bid Document

1. Tender documents will be available from the website https://tender.nprocure.com.

Interested bidders shall quote the tender for the above-mentioned subject at https://

tender.nprocure.com.

2. The bidder shall submit Tender fee of Rs. 4248/-, in favour of “The Municipal

Commissioner, Porbandar Municipal Corporation” payable at Porbandar. It shall be

submitted in hard copy along with technical documents.

3. The Bid Document is not transferable. Only the Bidder, who has purchased the bid

document, shall be entitled to participate in the bidding process.

 Conflict of Interest

All Bidders, found to be in conflict of interest, shall be disqualified. A Bidder may be considered to

have a conflict of interest with one or more parties in a bidding process, if they:

(a) have controlling shareholders in common; or

(b) have the same legal representative for purposes of a bid.

 Cost of Bidding

The Bidder shall bear all costs associated with the preparation and submission of his bid and PMC

will in no case be responsible or liable for those costs.

The Bidder Must visit and examine the site area to obtain all information that may be necessary for

preparing the bid and entering into the contract. And online submit site visit certificate on self

letter pad of agency with tender documents. The Bidders must familiarize themselves with local

conditions and to take them into account in preparing their proposals.

 Contents of Bidding Documents

Any Addendum / Corrigendum issued by PMC shall be the part of bid document.

The Bidder is expected to carefully examine the contents of the bidding documents. Failure to

comply with the requirements of bid submission will be at the Bidder’s own risk.

 Amendment of Bidding Document

At any time prior to 48 hours to the deadline for submission of bids, the PMC may, for any reason,

weather at its own initiative or in response to a clarification requested by a prospective bidder may

modify the bidding documents by issuing addendum / corrigendum.

Any Addendum/Corrigendum thus issued shall be part of bidding documents pursuant to clause

and it will be uploaded on the website https://tender.nprocure.com will be binding on all bidders.

To provide bidders reasonable time in which to take the addendum into account in preparing their

bids, the PMC may, at its discretion, extend the deadline for the submission of bids.

PREPARATION OF BIDS

 Language of Bid

The bid, and all correspondence documents relating to the bid, exchanged between the Bidder and

the PMC, documents shall be written in the Gujarati or English language. Supporting documents

and printed literature furnished by the Bidder may be written in another language, provided that

they are accompanied by an accurate translate of the relevant passages in English language, in

which case, for purposes of interpretation of the bid, the English translation shall prevail.

The Bidder shall quote the rates in "Schedule B" furnished in the bidding document.

The Bidders are expected to work out their own rates, considering different aspects of scope of

work. This includes all requirements under the Contractor’s responsibilities for performing different

tasks and, what so required for the bidding documents, the acquisition of all permits, approvals and

licenses, etc., operation, maintenance, training services and such other items and services as

required to perform as per scope of work specified in the bidding documents, all in accordance with

the conditions of the Contract. PMC will help for GPCB/CPCB permission.

All duties, taxes (excluding GST) and other levies payable by the Contractor under the Contract shall

be included in the rates to be quoted in "Schedule B".

 Currencies of Bid

Prices shall be quoted in Indian Rupees.

Bids shall remain valid for a period of 180 (one hundred and eighty) days after the date of bid

In exceptional circumstances, prior to expiry of the original bid validity period, the PMC may

extend the period of validity for a specified additional period. A Bidder may refuse the request

without forfeiting his Earnest Money Deposit (EMD). A Bidder agreeing to the request will not be

required or permitted to modify his bid.

 Earnest Money Deposit and Security Deposit

The Bidders are required to deposit, along with their bid, EMD of Rs. 1,82,000/- refundable not

later than 120 (One Hundred Twenty) days from the bid due date except in the case of the preferred

The Earnest Money Deposit (EMD) shall be in the form of valid Demand Draft/pay order in favour of

“The Municipal Commissioner, Porbandar Municipal Corporation” payable at Porbandar. The Bid

shall be summarily rejected if it is not accompanied by the EMD.

Note: EMD will be accepted in form of DD/pay order ONLY, EMD in the form of FDR or Bank

Guarantee will not be accepted.

The failure or omission to deposit the Earnest Money Deposit with the bid in the above format shall

disqualify the Bidder and such disqualified Bidders(s) shall be excluded from its consideration in

bidding process.

 Forfeiture of EMD

The Bidder shall not revoke his bid or vary its terms and conditions without the consent of the

Porbandar Municipal Corporation during the validity period of bid. If the Bidder revokes the bid or

varies its terms or conditions contrary to its promise to abide by this condition, the Earnest Money

Deposit submitted by Bidder shall stand forfeited without prejudice to his other rights and remedies

and the Bidder shall be disentitled to submit a bid to the Porbandar Municipal Corporation for

execution of any work during the next twenty-four (24) Months effective from the date of such

If the successful Bidder does not pay the Security Deposit in the prescribed time limit or fails to sign

the contract agreement his Earnest Money Deposit will be forfeited by the Porbandar Municipal

 Refund of Earnest Money

Earnest Money Deposit of unsuccessful Bidders shall be refunded after the successful Bidder

furnishes the required Security Deposit to the Porbandar Municipal Corporation and signs the

Contract Agreement or within thirty (30) days of the expiry of validity period of Bids, whichever is

 Security Deposit against the Work

1. Capital Works

The person/persons whose tender may be accepted [here- in after called the Contractor, which

expression shall unless excluded by or repugnant to the context include his heirs, executors,

administrators and assignees] shall [within 10 days of the receipt by him of the notification of

the acceptance of his tender] deposit with The Municipal Commissioner cash or Government

securities endorsed to The Municipal Commissioner sum sufficient which will make up the full

security deposit specified in the tender.

If the amount of the security deposit to be paid in lump sum within the period specified above is

not paid the tender contract already accepted shall be considered as cancelled. The security deposit

lodged by Contractor shall be refunded after the expiry of the Defects Liability period after

deducting dues, if any, which become liable to be recovered from the Contractor under the terms

and conditions of this Agreement.

Sr. No. Security Deposit & Description for payment and release.

Retention Money

1 3% of Capital work (Civil Contractor shall provide in the form of crossed demand

+ Mechanical) amount draft / pay order / BG in favor of The Municipal

as mentioned in tender Commissioner, Porbandar on any Nationalized Bank /

document as Security Schedule bank / Banks mentioned in PMC circular Bank

deposit / Schedule bank/Banks mentioned in PMC circular,

payable at Porbandar only.

Security Deposit shall be refunded only after

completion of the defect liability period of 12 months

and after rectifying the defects found, if any, within

defect liability period and after due clearance from

Audit Department of PMC without any interest as

intimated by Porbandar Municipal Corporation.

2 3% from each RA Bill 3% will be released after Completion of Civil and

as Retention Money. Mechanical Work and after due clearance from Audit

The Porbandar Department of PMC without any interest. The amount

Municipal Corporation will be paid as per the payment terms and conditions

reserves the rights to of the Porbandar Municipal Corporation.

increase or decrease

Deduction of Retention

Note: - Release of Any kind of Performance Security will be subjected to that any defect if found shall

have to be rectified /complied as per the direction given by Engineer in Charge, within the said

periods and after due clearance from Audit Department of Porbandar Municipal Corporation.

In addition to above as and when directed additional security deposit as indicated Unbalanced Offer

Clause, also will be required to be deposited in event of PMC demanding the same because it finds

the offer unbalanced. Notwithstanding anything to the contrary contained in this Agreement, the

Parties agree that in the event of failure of the Contractor to provide the security deposit in

accordance with the provisions and within the time specified therein or such extended period as may

be provided by the PMC, in accordance with the provisions, the PMC may en-cash the EMD and

appropriate the proceeds there of as Damages, and thereupon all rights, privileges, claims and

entitlements of the Contractor under or arising out of this Agreement shall be deemed to have been

waived by, and to have ceased with the concurrence of the Contractor, and this Agreement shall be

deemed to have been terminated by mutual agreement of the Parties.

If contractor fails to remit the security deposit within 15 days from the date of work order, then

penalty at the rate of 0.065% per day of the amount of security deposit will be charged. If the

security deposit is not paid within one month with penalty, necessary actions as per the conditions of

contract will be taken as per the norms of PMC. To levy penalty charges or not will be under the

rights and sole discretion of Porbandar Municipal Corporation.

 Forfeiture of Security Deposit against Work

The security deposit may be forfeited, if the bidder does not accept the bid, as prescribed in this bid

document. If during the term of this contract, the contractor is in default of the due and faithful

performance of his obligations under this contract, the Municipal Corporation, Porbandar shall,

without prejudice to its other rights and remedies here under or at the Applicable Law, be entitled

to call in, retain and appropriate the Security Deposit.

 Alternative Proposals of Bidder

Bidders shall submit offers which comply with the documents, including the PMC Requirements as

indicated in the bidding documents. Alternative bid and conditional bid will not be considered, and

bid is liable to be rejected in such cases.

 Signing of Bid

The bid shall contain no alterations, omissions or additions, except those to comply with instructions

issued by the PMC, or as necessary to correct errors made by the Bidder, in which case such

corrections shall be initialed by the person or persons signing the bid.

All pages of the bid where entries or amendments have been made shall be initiated by the person

or persons signing.

Any bid received by the PMC after the prescribed deadline for submission of bids will be rejected

and returned unopened to the bidder.

AWARD OF CONTRACT

The PMC will final the rate of the technically qualified bidder who has offered the Lowest Bid Price.

 PMC’s Right to accept any Bid and to reject any or all Bids.

The Municipal Commissioner, PMC reserves the right to accept or reject any bid, and to annul the

bidding process and reject all bids, at any time prior to award of Contract, without thereby incurring

any liability to the affected bidder or bidders or any obligation to inform the affected bidder or

bidders of the grounds for the PMC's action.

 Signing of Contract Agreement

Tenderer if at the time of award of work, wants to create new SPV firm for Exclusive execution of this

work then he/ they can submit the details to The Municipal Commissioner, Porbandar. The

Municipal Commissioner is authorized to approve SPV.

 At later stage bidder may form SPV, to enter into agreement and payment will be issued on name of

The PMC shall notify the successful bidder that his bid has been accepted, the PMC will send the

bidder the Form of Contract Agreement.

 Corrupt And fraudulent Practice

The Porbandar Municipal Corporation requires that contractors observe the highest standard of

ethics during the execution of such contracts.

(a) The Porbandar Municipal Corporation will reject a proposal for award if it determines that

the Bidder recommended for award has, directly or through an agent, engaged in corrupt,

fraudulent, collusive, or coercive practices in competing for the Contract.

 Rejection of Bids

The bids are liable to be rejected if the Bidder,

(i) does not submit the Earnest Money Deposit (EMD) in prescribed format.

(ii) does not sign every page of bid with seal of Contractor/firm.

(iii) does not quote rates inclusive of duties and taxes.

(iv) stipulates any conditions in the bid.

(v) fails to initial corrections.

(vi) stipulates the bid validity period of his Bid less than what is prescribed by PMC in the Bid

 Important Points to Be Noted by the Bidder:

This contract is under Solid Waste management services to be provided by the contractor to

Porbandar Municipal Corporation. The rates to be quoted in "Schedule B" shall be inclusive of all

taxes. GST if applicable shall be paid extra. local taxes etc. to be paid by the Bidder for the

work/Service and claim for extra payment on any such account shall not be entertained.

Any change that will be made in the bid document by Municipal Corporation, Porbandar after

issue of the Bid Document will be intimated to the Bidder in the form of Corrigendum / Addendum

for incorporating the same in the Bid before submitting the bid.

 The Financial offer should be submitted online only. Otherwise, the bid shall be rejected.

The Bidder shall be deemed to have studied the scope of works/service, specifications, terms and

conditions. The Bidder shall inspect and examine the service area and its surroundings and shall

satisfy himself before submitting his bid as to the nature of the work/service and weigh bridge

necessary for the completion of the works/services.

 Stamp Duty, Legal and Statutory Charges

It shall be incumbent on the Successful Bidder to pay stamp duty for the Contract Agreement, as

applicable on the date of the execution.

 Unbalanced offer

In event of bid price being considered unbalanced in case of rates being higher or lower of the

reasonable rates as may be considered by PMC, than PMC may direct the bidder to deposit

separately Security deposit of the amount of unbalanced contract in addition to regular security

deposit. This deposit shall be released only on completion of the Project work along with the balance

of Security deposit being released.

 Patent Rights:

In the event of any claim asserted by a third party of infringement of copyright, patent, trademark or

industrial design rights arising from the use of the Goods or any part thereof in the Purchaser’s

country, the supplier shall act expeditiously to extinguish such claim. If the supplier fails to comply

and the Purchaser is required to pay compensation to a third party resulting from such infringement,

the supplier shall be responsible for the compensation including all expenses, court costs and lawyer

fees. The Purchaser will give notice to the supplier of such claim, if it is made, without delay.

 Rights of the Corporation

Porbandar Municipal Corporation reserves the right to suitably increase/reduce the scope of work

included in this bid document.

The machines are being procured for contract period. However, PMC reserves rights to terminate the

contract if the work is not satisfactory.

 As per Schedule B– Capital Cost payment given as below table

 The Bidder shall supply, test, and commission 50 TPD C&D plant including all related civil and

structural fabrication work.

 The capital amount quoted by bidder for entire work will be paid as per progress of work. As per

mentioned in Detailed Milestone Payment Break-Up. Cost of work done shall be verified by the

Engineer-in-Charge.

 The Payment on Running bills & final bill will be regulated as per percentage of total cost, means

cost quoted in Schedule – A for capital works and finally approved by competent authority of

Porbandar Municipal Corporation.

 Payment shall be made as deemed appropriate by the Engineer-in-Charge.

 DETAILED MILESTONE PAYMENT BREAK-UP

No. Item Description Percentage Milestone

1 For RCC / MS Structure

a. Work Completed up to Plinth Level. 15%

b. Work Completed up to First Floor / Roof Slab/Shed 50%

c. Finishing Work completed such as Stone Work, Plaster, Painting 20%

d. After completion of Plumbing, Electrification work and other works 10%

e. After testing, commissioning and trial runs if any. 05%

2 ROADS & PATHWAYS, ACCESS ROAD,

a. On completion of 50% Roads 30%

b. On completion of 100% Roads 35%

c. On completion of 100% Pathways 30%

d. On testing, commissioning and trial runs 5%

3 LANDSCAPING (GREEN COVER AND PLANTATION)

a. On completion of Work 95%

b. On testing, commissioning and trial runs of all other works 5%

4 WATER SUPPLY (SERVICE / DRINKING / ETC.) / SITE DRAINAGE

a. On completion of Work 95%

b. On testing, commissioning and trial runs 5%

5 ANY other to complete the work in all respects / Any other Unforeseen Works

a. On completion of Work 95%

b. On testing, commissioning and trial runs of all other works 5%

Mechanical and Electrical Works Along with Spares as Specified

No. Items Percentage Milestone

1. On supply of equipment for Incinerator plant, CCTV Camera, Security 75%

No. Items Percentage Milestone

System and other monitoring equipment’s, Fire Fighting System, Computer,

pipes, valves, pumps, motor and agitator with accessories, instruments etc.

including spares at site, after inspection, along with literature, drawings,

operating pamphlets, manual etc. as required.

2. On erection & Installation of Incinerator plant, CCTV Camera, Security 15%

System and other monitoring equipment’s, Fire Fighting System, Computer,

pipes, valves, pumps, motor and agitator with accessories, instruments etc.

including installation of mechanical / electrical / instrumentation system /

equipment, cabling, etc. complete.

3. On testing, commissioning and satisfactory trial runs 10%

1. The contractor shall specify in his offer the details of Infrastructure works, Machines &

Equipment, works together with the cost of break-up for facility of verification of materials

received in piece meal. Item wise breakup shall be given separately by contractor with Price-

2. Planning for the procurement of materials / equipment must be done in consultation with

Porbandar Municipal Corporation for which bar chart must be got approved and

manufacturer/suppliers must be intimated accordingly. Testing & commissioning of all the

machines / materials / equipment / etc. prior to delivery at site shall be carried out as

described in Technical Bid.

3. Erection and commissioning of the equipment must be done in presence of manufacturer's

representative. Manufacturer's drawing etc. must be got approved prior to supply/erection.

4. Deductions like GST, Security Deposit, Retention Money, TDS etc. shall be deducted as per

the norms of the Porbandar Municipal Corporation.

EVENTS OF DEFAULT

 Contractor event of default

 At any time after the Commencement Date, the Competent Authority may investigate whether

the Contractor has failed to perform properly the operations in accordance with this contract.

The Competent Authority shall issue a notice to the Contractor, instructing him to rectify the

failure within a reasonable time.

 An event of default on the part of the Contractor, which results from the Contractor being

unable to fulfil his service obligations under the contract, shall be deemed as a serious default,

and is said to have occurred due to any of the following causes:

 The Contractor

Has repudiated the contract, or without reasonable excuse has failed to commence Operations in

accordance with this contract and or failed to complete the activities/operations within the

stipulated time for completion.

 Gross misconduct of the Contractor:

(I) Despite previous warning from the Competent Authority, in writing, is otherwise

Persistently or flagrantly neglecting to comply with any of his obligations under the

(II) The Contractor persistently fails to follow Good & Standard Operating Practices in

execution of the Contract;

(III) The Contractor stops providing the operations and the stoppage has not been

authorized by the Competent Authority;

(IV) The Competent Authority gives notice that failure to correct a particular defect is a

fundamental breach of contract and Contractor fails to correct it within a reasonable

period of time determined by the Competent Authority;

(V) If the Contractor is in breach of any law or statute governing the operations;

(VI) The Contractor, in the judgment of the Corporation, has engaged in Corrupt and

Fraudulent Practices in competing for or in carrying out the Operations under the

(VII) The Contractor (in case of a consortium) has modified the composition of the

consortium and/or the responsibility of each member of the consortium without prior

approval of the Corporation;

(VIII) The Contractor is unable to maintain the composition and structure of his organization

due to any of the above-mentioned causes.

FRAUD AND CORRUPT PRACTICES

i. The Bidders and their respective officers, employees, agents and advisers shall observe the

highest standard of ethics during the Bidding Process and subsequent to the issue of the LoA

and during the subsistence of the Agreement. Notwithstanding anything to the contrary

contained herein, or in the LoA or the Agreement, the Authority shall reject a Bid, withdraw

the LoA, or terminate the Agreement, as the case may be, without being liable in any manner

whatsoever to the Selected Bidder, as the case may be, if it determines that the Bidder, as the

case may be, has, directly or indirectly or through an agent, engaged in corrupt practice,

fraudulent practice, coercive practice, undesirable practice or restrictive practice in the

Bidding Process. In such an event, the Authority shall forfeit and appropriate the Security

Deposit, as the case may be, as Damages without prejudice to any other right or remedy that

may be available to the Authority hereunder or otherwise.

ii. Without prejudice to the rights of the Authority under Clause i hereinabove and the rights

and remedies which the Authority may have under the LoA or the Agreement, if a Bidder, as

the case may be, is found by the Authority to have directly or indirectly or through an agent,

engaged or indulged in any corrupt practice, fraudulent practice, coercive practice,

undesirable practice or restrictive practice during the Bidding Process, or after the issue of

the LoA or the execution of the Agreement, such Bidder shall not be eligible to participate in

any tender or bid issued by the Authority during a period of 2 (two) years from the date such

Bidder, as the case may be, is found by the Authority to have directly or indirectly or through

an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice,

undesirable practice or restrictive practices, as the case may be.

iii. For the purposes of this Clause, the following terms shall have the meaning hereinafter

respectively assigned to them:

a) “Corrupt Practice” means the offering, giving, receiving, or soliciting, directly or

indirectly, of anything of value to influence the actions of any person connected with

the Bidding Process (for avoidance of doubt, offering of employment to or employing

or engaging in any manner whatsoever, directly or indirectly, any official of the

Authority who is or has been associated in any manner, directly or indirectly with the

Bidding Process or the LoA or has dealt with matters concerning the Agreement or arising

there from, before or after the execution thereof, at any time prior to the expiry of one

year from the date such official resigns or retires from or otherwise ceases to be in the

service of the Authority, shall be deemed to constitute influencing the actions of a

person connected with the Bidding Process);

b) “Fraudulent Practice” means a misrepresentation or omission of facts or suppression of

facts or disclosure of incomplete facts, in order to influence the Bidding Process;

c) “Coercive Practice” means impairing or harming, or threatening to impair or harm,

directly or indirectly, any person or property to influence any person’s participation or

action in the Bidding Process;

d) “Undesirable Practice” means (i) establishing contact with any person connected with

or employed or engaged by the Authority with the objective of canvassing, lobbying or

in any manner influencing or attempting to influence the Bidding Process; or (ii) having

a Conflict of Interest; and

e) “Restrictive Practice” means forming a cartel or arriving at any understanding or

arrangement among Bidders with the objective of restricting or manipulating a full and

fair competition in the Bidding Process.

Date: Sign. & Stamp of the Bidder

Sr. Particulars Penalty

1 Delay in commencement of the project after Zero Point two percent (0.2%) of the

completion of mobilization & construction period i.e. contract price per day maximum up to ten

9 months from the date of issuing work order. percent of the contract price If the delay

exceeds 60 days PMC may initiate

termination of contract along with

forfeiture of Security Deposit.

2 Violation of applicable rules or other environmental Rs. 5,000/- per incident or The bidder shall

norms notified by competent authorities, brought to ensure that the parameters set by GPCB /

notice by any of the govt. authorities/Competent Central Pollution Control Board / SWM Rule

authorities 2016 / NGT Orders / Rules / Acts / Guidelines

/ Advisories / Notifications amended from

time to time by Government of Gujarat,

MoUD, Government of India for handling of

MSW is scrupulously followed at the plant.

Otherwise, penalty /Environmental Damage

Charges (EDC) of actual cost recovered.

3 In the event of major fire outbreak, requiring Fire Rs. 25,000 per incident.

fighters, Fire tankers/extinguishers etc.

4 Safety/Remedial measures not taken as per Rs.5,000 per fault per Incident

guidelines issued by CPCB, GPCB from time to time

and the manual on Solid Waste Management

published by the CPHEEO, Ministry of Housing and

Urban Affairs, Government of India and updated

from time to time.

5 In case the workers, supervisor, or other staff of Penalty of Rs. 500/- per each of such

contractor fails to listen, any instructions given by instances will be levied.

representative of Porbandar Municipal Corporation

misbehaving with citizens, PMC staff etc.

6 If any of the Bidder 's staff/manpower deployed is Rs. 500/- per person per day for that event.

found to be working without the prescribed safety

gear/ uniform/ID Card or all of them.

7 If weighbridge / computer system or software is not Rs. 5,000/- per day / system till repaired.

working properly.

8 Child labour is engaged in the work / or any Penalty of Rs. 20,000/- for first incident.

operation for the said work. Thereafter, Rs. 30,000/- per incident or

punitive action as per the act / law.

Approved / Expected Brands: -

Item Description Approved Brands and Manufacturers

01. Plaster of Paris powder of no. 1 : Diamond or Ramdev or approved equal.

super fine quality

02. Aluminium frame Works : Jindal, National Aluminium, Banco, Hindalco as approved.

03. Plywood manufactured out of : Ecotec, Greenply, Anchor, Donear, Centuryply, Archidply, Kitply

Garjan wood or approved equivalent.

04. Hardware Fittings : Everite, Godrej, Navbharat, Chetna, Nettlefold as approved.

05. Teak Wood : 100% Pure Seasoned Valsad Saag Wood

06. Wood : 100% Pure Natural Seasoned Wood

07. Adhesives : Fevicol, Araldite, Mahacol, Vamicol or approved equivalent.

08. G.I Pipes : Jindal, Tata, Jindal Hisar or approved equivalent

09. G.I Fittings : Zoloto, Unik, Rathi

10. Cement (OPC 53) : Ambuja, UltraTech, Sanghi, JK Laxmi, Hathi, Sidhee

11. TMT / CRS Bars (Fe 500) : TMT Bars Fe-500 conforming to IS-1786:1985 (reaffirmed

2004) TATA, SAIL, RINL, Electrotherm, JSW, Ramsarup, National

[Only TMT Steel shall be used]

12. Vitrified Tiles : AGL, Orient, Kajaria, Bell, Nitco, Somany, Euro, Sunheart,

Mozart, Qtone, Restile, Simpolo, Eslab

13. Full Body Vitrified Tiles : Sunheart, Mozart, Qtone, Restile, Simpolo, Eslab

14. White Cement : J.K. White, Birla White, Nihon White

15. Glazed & Ceramic Tiles : AGL, Orient, Kajaria, Bell, Nitco, Somany, Euro, Sunheart,

Mozart, Qtone, Restile, Simpolo, Eslab

16. Structural Steel : SAIL, TISCO, ISCO, Vizag, Asian or approved equivalent to

relevant IS code

17. Telephone Black Granite : having metallic ringing sound (as approved by Architect or

Engineer in Charge)

18. Khatu Stone or other natural : without any stain or artificial color coating (as approved by

Stone Architect or Engineer in Charge)

19. PVC Pipes : Astral, Prince, Finolex, Supreme, Jain, Tulsi

20. Toilet Seats, Wash Basins : Cera, Hindware, Parryware, Jaquar, Duravit, Kohler or

21. Taps and Flush Cocks : Cera, Hindware, Parryware, Jaquar, Duravit, Kohler, Asian

22. Paints and Varnishes : Asian, ICI, Nerolac, Jotun

23. Acrylic Putty : Birla, JK White, Asian

24. Construction Chemicals : BASF, Roff, Perma, Sika or Equivalent

25. Glass : Saint-Gobain, ModiGuard, AIS, Hindustan Pilkington, Asahi,

Triveni, Shree Vallabh

26. Floor Springs, Door Closure, : Dorma, Enox, Hettich, Zaha or Equivalent

27. Kitchen Sinks (S.S) : Nirali, Diamond, Cobra, Jayna

28. Paver Blocks : Anjani Cement Articles, Laxmi Tiles, Shree Arihant Precast

Products, Vyara Tiles Pvt. Ltd., Krishna Precast, Bansal Building

Material Pvt. Ltd., Kismat Tiles & Fly Ash Products

FIRE FIGHTING ITEMS

1. Pumps : Kirloskar, KSB, Wilo

2. Panels : L&T, Siemens

3. Cables : Polycab, Finolex, RR, KEI

4. Pressure Gauge : H Guru, Waree, Micro, Wika or Equivalent

5. Pressure Switch : Indfoss, Danfoss, Kidde, Waree or Equivalent

6. Valves : Zoloto, Normax, Audco

7. Hose Reel, Box, Rubber Hose, : Newage, Essel, Safex or Equivalent

Nozzles, 2-4 Way Inlets

8. Sprinkler & Drop Pipe : Safex, Tyco, UL Listed or Equivalent

9. Wet Alarm Valve : Safex, Tyco, UL Listed or Equivalent

10. Fire Hydrants : Kanex, Safex, Minimax, Newage or Equivalent

11. Fire Extinguishers : Kanex, Safex, Minimax, Newage or Equivalent

12. Flow Switch : Notifier or Equivalent

13. Fire Alarm Call Point, Hooter : Honeywell, BOSCH, System Sensors or Equivalent

14. Smoke & Heat Detectors : Honeywell, BOSCH, System Sensors or Equivalent

15. Fire Alarm System : Honeywell, BOSCH, System Sensors or Equivalent

16. Repeater Panel, Fire alarm : Honeywell, BOSCH, System Sensors or Equivalent

1. Porcelain Cut-Out : Havells, Indo-Asian, Standard, L&T, Crompton, C&S, Guts

2. MCCB : Havells, Indo-Asian, L&T Hager, C&S, Siemens, BCH, GE,

Schneider, ABB, Legrand

3. Changeover Switch : Havells, L&T Hager, C&S, Siemens, BCH, GE, Schneider, ABB,

4. Switches : Havells, Legrand, GreatWhite, Anchor, Panasonic, Pointer,

5. MCB, ELCB, & MCB Distribution : Havells, L&T Hager, C&S, Siemens, BCH, GE, Schneider, ABB,

6. Aluminium & Copper XLPE : RR Kabel, Havells, Finolex, Torrent, In-Cab, CCI, Tropodure,

Armoured Cables Unistar, Glowstar, Suzlon, Bharat Cab, Avocab, KEI

7. Aluminium & Copper XLPE Un- : RR Kabel, Havells, Finolex, Torrent, Unistar, Tropodure, Glostar,

armour Cables CCI, In-Cab, Suzlon, Avocab, Bharat Cab, KEI

8. Flexible Wire : RR Kabel, Havells, Finolex, Suzlon, Anchor, L&T, KEI

9. Ceiling Fan : Havells, Crompton, Usha, Bajaj, Orient

10. Exhaust Fan : Almonard, Havells, Crompton, Usha, Bajaj

11. Street Light : Sintex, Everest

12. Capacitor (Double layer APP : EPCOS, L&T, Siemens, ABB, Schneider, Yesha, Ducati, Asian

13. Motor Pumps, Motor Pumps : Havells, BCH, C&S, L&T, Siemens, Alstom, CG, ABB, KSB, CRI

Starter, & Accessories

14. Power & Control Panel : C&S, Trinity, Nippen, Standard, L&T, Elico

15. Shockproof Accessories (B Mini : Anchor, Pointer, Orpat or any other ISI mark approved by PMC

16. Cable Gland : Jaison, 3D, Commet, HMI

17. Lugs & Sockets : Dowells, Ismal, 3D, Jaison

18. Panel Board Manufacturer : CPRI Approved (to be got approved prior to supply)

19. Time Switch : Siemens, GIC, Schneider, Legrand, Protime, Theben

20. Digital Meters : Rishabh (L&T), Conzerve, HPL, Enercon, Krykard, Yokogawa,

21. Selector Switch : Keycee, Salzer, Siemens, Jyoti

20. C.T (Cast Resin) : Ashmor, Kappa, Jyoti, ABB, Silkana, Gilbert, Precise, L&T

21. LED Indicating Lamp : Raas Control, Teknik, Vaishno, Binay, Esbee (L&T)

22. Push Button : Siemens, Raas Control, L&T, Binay, ABB, Schneider

23. Filament Lamps / Fluorescent : Philips, Keselec Schréder, Havells, Osram, GE

24. Compact Fluorescent Lamps : Philips, Keselec Schréder, Havells, Osram, GE

25. Sodium Vapour Lamp : Philips, GE, Osram, Keselec Schréder

26. Metal Halide Lamp : Philips, GE, Osram, Keselec Schréder

27. Decorative Post Top Lantern : Philips, Keselec Schréder, Thorn, TAL, Regent, Wipro, Havells,

28. Street Light Fixture (IP66) : Philips, Keselec Schréder, Thorn, TAL, Regent, Wipro, Havells,

29. Flood Light, Ground Burial : Philips, Keselec Schréder, Thorn, TAL, Regent, Wipro, Havells,

Flood Light, LED Walkover Light Crompton

30. Bollards, Step Light : Philips, Keselec Schréder, Thorn, TAL, Regent, Wipro,

31. Under Water Light : Philips, Keselec Schréder, Thorn, TAL, Regent, Wipro,

32. Spike Light Fixtures : Philips, Keselec Schréder, Thorn, TAL, Regent, Wipro,

33. Pole & Bracket (OEM Only) : Dwarka, Keselec Schréder, Gardco (Philips), Lumec (Philips),

Bega, Transrail, Maruti, Bajaj

34. Energy Saving T-5 Tube Fitting / : Havells, Philips, Crompton, Wipro, Thorn, GE

CFL Indoor Type

35. Indoor light Fixtures : Philips, Osram, GE, Wipro, Crompton, Keselec Schréder, NVC

36. Rigid PVC Pipe : Precision, Nihir, Amit, Vraj, Vinay, Polycab, Shrinath, BLP,

37. APFC Relay : Enercon, EPCOS, Triniti, L&T, KBR, Ducati

38. DWC Pipe : REX, Gemini

39. Guard Pipe : Jindal, Asian, Tata, CTC

40. Contactor : L&T, Siemens, Havells, Schneider, ABB, BCH, TC

41. Rubber Mat (ISI mark) : Sintex or equivalent

42. TV/Telephone Wire : Delton, Finolex, National, RR, Havells

43. TV/Telephone Socket : Precision, Northwest, National

44. Lifts / Elevators : KONE, Schindler, Otis, Mitsubishi, Thyssenkrupp, TRIO, Techno,

Omega, Johnson, Orbis

45. DG Set : 1. Engine: Cummins, Greaves, Leyland, Kirloskar Green,

2. Alternator: Kirloskar Electric, Crompton Greaves, Stamford,

46. CCTVs : Hikvision, Sony, Samsung, Bosch, Pelco, Honeywell

47. LED Screens : Samsung, LG, Sony or Equivalent

48. Public Address Systems : Ahuja, JBL, Yamaha or equivalent

49. Air condition : Daikin, Voltas, Bluestar, O’General, LG, Samsung or equivalent

(Star rating as required)

50. Water Cooler with Purifier : Eureka Forbes

51. Pumps & Motors : Kirloskar, Crompton, Grundfos or Equivalent

52. Pre-engineered building (PEB) : Deoki Technocrafts Private Limited, DP Consteel, Sankalp

Preformed Systems Pvt. Ltd., CM Steel Structures

The following guidelines are to be noted with regard to use of materials in the work:

a) The contractor shall produce samples of the materials for approval of the EIC. The materials of the

makes, out of the above as approved by the EIC shall be used on the work.

b) In respect of materials for which approved makes are not specified above, the make/brand will be

decided by the EIC.

c) Before bulk purchase of quantities of materials, it is the responsibility of the Contractor to get the

samples of materials approved by the consultant and EIC.

d) All cost towards the testing shall be borne by the contractor.

e) For all the material of approved brands necessary testing as per IS standards shall be done by the

agency and no extra payment shall be paid for that.

Porbandar Municipal Corporation (PMC)

Tender for Setting up of 50 TPD Capacity Construction and Demolition (C&D) Waste Processing

Facility on Engineering, Procurement, Construction (EPC) Basis for Porbandar Municipal

Corporation (PMC) With 5 Year Operation And Maintenance

… .......... , Porbandar

THIS AGREEMENT made on this day of at Porbandar

Porbandar Municipal Corporation, a statutory corporation constituted under the Bombay Provincial

Municipal Corporation Act, 1949 and having its head office at , acting through [ ], the

Chairperson (hereinafter referred to as “Authority”, which expression shall, unless excluded by or repugnant

to the context or meaning thereof, mean and include its administrators, successors and assigns) of the ONE

having its registered office at ………………………………………………………… (hereinafter referred to as the

“Contractor” which expression shall, unless repugnant to the context or meaning thereof, include its

successors and permitted assigns and substitutes) of the OTHER PART.

The Authority and the contractor are hereinafter referred to individually as the “Party” and collectively as

1. The Ministry of Environment, Forests & Climate Change (MoEF&CC) under the aegis of the

Government of India has formulated the MSW Rules (as hereinafter defined) that impose an

obligation on municipal authorities to adopt suitable process for collection, transportation, storage

and disposal of waste. The Authority is responsible for, inter alia, making adequate provisions for

the collection/ removal and disposal of filth, rubbish and other obnoxious or polluted matters in

the city of Porbandar;

2. Around tonnes of C&D waste per day is being generated in the city of Porbandar;

3. The Authority issued a e-tender on (E-Tender) for designing, constructing, operating and

maintaining of a 50 TPD processing facility at for processing and recycling of

Construction and Demolition (C&D) Waste (as hereinafter defined)

4. In response to the Tender, the Authority received proposals from various companies (including the

Proposal of the Selected Bidder) to undertake the Project;

5. After evaluation of the bid received, and based upon the evaluation of the bids, the Authority had

accepted the bid of the Selected Bidder (as hereinafter defined) and issued its Letter of Award

No (LOA) to the Selected Bidder;

6. Following the issuance of the LOA, the contractor, as a pre-condition to the execution of this

Agreement and for due and punctual performance of its obligations during the contract Period (as

hereinafter defined), has delivered to the Authority, a Security Deposit dated for a

sum of Rs in the manner as required under the bid.

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:

In witness whereof the said Contractors and the Commissioner on behalf of the Porbandar

Municipal Corporation have here into set their respective hands this day of the month of of the year

Signed, sealed and delivered by the said contractor in the presence of

Medical Officer of Health (MoH)

Porbandar Municipal

Commissioner Porbandar

Municipal Corporation

ARTICLE 1 – DEFINITION AND INTERPRETATION

1.1. Definitions

The words and expressions beginning with capital letters and defined in this Agreement shall, unless the

context otherwise requires, have the meaning ascribed thereto herein, and the words and expressions

defined in the Schedules and used therein shall have the meaning ascribed thereto in the Schedules.

“Accounting Year” shall mean the financial year commencing from the 1st (first) day of April of any calendar

year and ending on the 31st (thirty-first) day of March of the next calendar year. It is clarified that first

accounting year shall be the period commencing from the commencement and ending on the 31st (thirty-

first) day of March of the next calendar year;

“Additional Cost” shall mean the additional capital expenditure and/or the additional operating costs or

both as the case may be, which the contractor incurs as a result of Change in Law for operation,

management and implementation of the Project;

“Affected Party” shall mean the Party claiming to be affected by a Force Majeure Event in accordance with

“Agreement” shall mean this Agreement, its Recitals, and the Schedules hereto and any amendments

thereto made in accordance with the provisions contained in this Agreement

“Applicable Laws” means all laws, acts, ordinances, rules, regulations, notifications, guidelines or byelaws

which have the force of law, in force and effect, as of the date hereof and which may be promulgated or

brought into force and effect hereinafter in India, including judgments, decrees, injunctions, writs or orders

of any court of record, as may be in force and effect during the subsistence of this Agreement and

applicable to the Project;

“Applicable Permits” shall mean all clearances, licenses, permits, authorizations, no objection certificates,

consents, approvals and exemptions required to be obtained or maintained under Applicable Laws in

connection with the implementation of the Project during the subsistence of this Agreement;

“Appointed Date” shall mean the date of fulfilment of all Condition Precedents by the Parties and shall be

deemed to be the date of commencement of the Contract Period. For the avoidance of doubt, every

Condition Precedent shall have been satisfied or waived prior to the Appointed Date;

“Arbitration Act” shall mean the Arbitration and Conciliation Act, 1996, as amended and shall include

modifications to or any re-enactment thereof, as may come in force from time to time;

“Associate” or “Affiliate” shall mean, in relation to either Party, a person who controls, is controlled by, or is

under the common control with such Party (as used in this definition, the expression “control” means, with

respect to a person which is a company or corporation, the ownership, directly or indirectly, of more than

50% (fifty per cent) of the voting shares of such person or the power to direct the management and policies

of such person by operation of law, and with respect to a person which is not a company or corporation, the

power to direct the management and policies of such person, whether by operation of law or by contract or

“Authority” shall have the meaning attributed thereto in the array of Parties hereinabove as set forth in the

“Authority Default” shall have the meaning set forth in Clause 22.2.1;

“Authority Indemnified Persons” shall have the meaning as defined in Clause25.1.1;

“Authority Step-In Rights” shall have the meaning set forth in Clause22.1.3;

“Award” shall have the meaning as defined in Clause27.3.3

“Bank Rate” shall mean the rate of interest specified by the Reserve Bank of India from time to time in

pursuance of section 49 of the Reserve Bank of India Act, 1934 or any replacement of such Bank Rate for

the time being in force;

“Bio-medical Waste” shall have the meaning as defined under the Biomedical Wastes (Management and

Handling) Rules, 1998 and as amended thereto;

“CDM” shall mean Clean Development Mechanism referred to in Article 12 of the Kyoto Protocol;

“CER” shall mean Certified Emission Reduction;

“Change in Ownership” shall mean transfer of the direct and/or indirect legal or beneficial ownership of

any shares, or securities convertible into shares that causes the aggregate holding of the Selected Bidder,

together with its Associates, in the total Equity to decline below 51% (fifty-one per cent) thereof from the

date of signing of Agreement till the Expiry Date;

“Change in Law” means the occurrence of any of the following after the date of submission of Proposal:

(a) The enactment of any new Applicable Law; or

(b) The repeal, modification or re-enactment of any existing Applicable Law; or

(c) A change in the interpretation or application of any Indian law by a judgment of a court of record

which has become final, conclusive and binding, as compared to such interpretation or application

by a court of record prior to the date of submission of Proposal; or

(d) Any changes in the rates of any of the Taxes or that have a direct effect on the Project.

However, Change in Law will not include:

(a) Any statute that has been published in draft bill form or as a bill that has been placed before the

legislature or that has been passed by the relevant legislature as a bill but has not come into effect

prior to the date of the Proposal, which is a matter of public knowledge; or

(b) A draft statutory instrument or delegated legislation that has been published prior to the date of

the Proposal, which is under the active consideration or contemplation of the GoI or the State

Government and which is a matter of public knowledge; or

(c) Coming into effect, after the date of execution of this Agreement, of any provision or statute which

is already in place as of the date of the Proposal; or

(d) Any change in exchange rate of currency.

“Change in Scope” shall have the meaning set forth in Clause 26.1.1.

“Change of Scope Notice” shall have the meaning set forth in Clause 26.1.2

"Collection" means lifting and removal of C&D Wastes from the Storage Sites, residential and non-

residential premises, roads/streets/lanes/bye lanes or any other collection point that may be prescribed by

the Authority or the Users. The terms “Collect” and “Collected” shall be construed accordingly;

“Completion Certificate” shall mean the certificate issued by the Authority pursuant to Clause 12.2;

“Conditions Precedent” shall have the meaning set forth in Clause 3.1.1;

"Contamination" means all or any air, water or noise pollutants or contaminants, including any chemical or

industrial, radioactive, dangerous, toxic or hazardous substance, waste or residue, whether in solid, semi-

solid or liquid form;

“Construction & Demolition Waste” or “C&D Waste” means solid waste resulting from construction,

remodelling, repair, Renovation or demolition of Structures or from land clearing activities or trenching

order-silting activities. “Structures” for the purposes of this definition means buildings of all types

(residential and non-residential), utilities, infrastructure facilities and any other type of man-made

structure. C&D Waste includes, but are not limited to Stone,bricks, concrete rubble and other masonry

materials, soil, rock, wood (including painted, treated and coated wood and wood products), land clearing

debris, wall coverings, plaster, drywall, plumbing fixtures, roofing, waterproofing material and other roof

coverings, asphalt pavement, glass, plastics, paper, gypsum boards, electrical wiring and components

containing no hazardous materials, pipes, steel, aluminium and other non-hazardous metals used in

construction of structures. Provided that C&D Waste shall not include the Excluded Waste.

“Construction Period” shall mean the period during which the Processing Facilities will be constructed by

the contractor, beginning from the Appointed Date and ending on the commencement;

“Construction Requirement” shall mean such specifications as set out in Schedule 4;

“Construction Works” shall mean all design, engineering, construction, erection, installation,

commissioning and Testing of the Processing Facilities and all other related or ancillary works required for

the completion of the Processing Facilities in accordance with this Agreement;

“Contracted Waste Quantity” shall mean 50 (Fifty) tonnes of C&D Waste per day, which is the contracted

quantity of C&D Waste that the Authority is to provide (in aggregate) to the contractor at the Storage Sites

for Transportation to and Processing at the Processing Facility. Such quantity of Contracted Waste Quantity

may be revised by the Authority from time to time;

“Contractor” shall mean the person or persons, has entered into any of the EPC Contract, the O&M

Contract, or any other agreement or a material contract for construction, O&M

and/or maintenance of the Project or matters incidental thereto;

“Covenant” shall have the meaning set forth in Clause 4.4.3;

“Cure Period” shall mean the period specified in this Agreement for curing any breach or default of any

provision of this Agreement by the Party responsible for such breach or default and shall:

(a) Commence from the date on which a notice is delivered by one Party to the other Party asking the

latter to cure the breach or default specified in such notice;

(b) Not relieve any Party from liability to pay Damages or compensation under the provisions of this

(c) Not in any way be extended by any period of Suspension under this Agreement; provided that if the

cure of any breach by the contractor requires any reasonable action by the contractor that must be

approved by the Authority here under, the applicable Cure Period shall be extended by the period

taken by the Authority to accord their approval;

“Daily Deficiency Amount” shall have the meaning given in Clause 13.8.1;

“Daily Weight Sheet” shall have the meaning as per Clause 13.3.3;

“Damages” shall have the meaning as given in Clause 1.2.1(r);

“Dead Remains” shall mean dead bodies, carcasses, bones or skeletal remains of animals, rodents and

other living beings (other than plants)

"Disposal" means final disposal of the Residual Inert Matter at the Landfill Site in terms of the Contract

“Dispute” shall have the meaning as defined in Clause 27.1.1;

“Dispute Resolution Procedure” shall mean the procedure for resolution of Disputes set forth in ARTICLE

“Document” or “Documentation” shall mean documentation in printed or written form, or in tapes, discs,

drawings, computer programmes, writings, reports, photographs, films, cassettes, or expressed in any other

written, electronic, audio or visual form;

“Drawings” shall mean the conceptual and detailed designs and drawings, backup technical information

required for the Project and all calculations, samples, patterns, models, specifications, standards and other

technical information submitted by the contractor from time to time and reviewed by the Authority /

agency appointed by authority / consultant / PMC in accordance with the provisions of this Agreement;

"Emergency" means a condition or situation that poses an imminent threat of materially adversely affecting

the ability of the Contractor to maintain safe, adequate and continuous O&M or Construction Works or

endangering the safety of people, plant or equipment at the Project Site;

“Encumbrances” shall mean, in relation to the Project, any encumbrances such as mortgage, charge,

pledge, lien, hypothecation, security interest, assignment, privilege or priority of any kind having the effect

of security or other such obligations, and shall include any designation of loss payees or beneficiaries or any

similar arrangement under any insurance policy pertaining to the Project;

“EPC Contract” shall mean the engineering, procurement and construction contract or contracts entered

into by the Contractor for, inter alia, engineering and construction of the Project in accordance with the

provisions of this Agreement;

“Excluded Waste” shall mean Hazardous Waste, Bio-medical Waste, E-Waste, Dead Remains, Industrial

Waste, street sweeping waste that is sucked by motorized vacuum cleaners, waste from super suckers and

MSW Waste not forming part of C&D Waste;

“Expiry Date” shall mean the date on which this Agreement and the Contract hereunder expires pursuant

to the provisions of this Agreement or is terminated by a Termination Notice;

“E Waste” shall mean all the wastes included in Schedule 1 of E-Waste (Management and Handling) Rules,

2011 and its amendments;

“Force Majeure Event” shall mean the events set out in Clause 19.1; “Force Majeure Period” shall mean

period during which the Force Majeure Event continues;

“GoI” or “Government” shall mean the Government of India;

“Good Industry Practice” shall mean the exercise of that degree of skill, diligence, prudence and foresight in

compliance with the undertakings and obligations under this Agreement which would reasonably and

ordinarily be expected of a skilled and an experienced person engaged in the implementation, operation

and maintenance or supervision or monitoring thereof or any facilities similar to the Project Facilities;

“Government Instrumentality” shall mean Government of India, Government of Gujarat, Authority or any

state government or governmental department, division or sub-division of the Government or the State

Government and includes any commission, board, authority, body, bureau, agency or municipal and other

local authority or statutory body including Panchayat under the control of the Government or the State

Government, as the case may be, and having jurisdiction over all or any part of the Project or the

performance of all or any of the services or obligations of the Contractor under or pursuant to this

“Hazardous Waste” shall have the meaning as defined under the Hazardous Wastes (Management and

Handling) Rules, 1989 and its amendments;

“Indemnified Party” shall have the meaning set forth in Clause 25.3.1;

“Indemnifying Party” shall mean the Party obligated to indemnify the other Party pursuant to Clause25.3.1;

“Industrial Waste” shall mean the discarded solid materials of manufacturing processes and industrial

operations covering a vast range of substances which are unique to each industry. The solid wastes from

small industrial plants and ash from power plants which are frequently disposed of at municipal landfills

shall be classified as non-hazardous industrial solid wastes;

“Inspection Report” shall have the meaning given in Clause11.2.1;

“Intellectual Property” shall mean all patents, trademarks, service marks, logos, get-up, trade names,

internet domain names, rights in designs, blue prints, programmes and manuals, drawings, copyright

(including rights in computer software), database rights, semi-conductor, topography rights, utility models,

rights in know-how and other intellectual property rights, in each case whether registered or unregistered

and including applications for registration, and all rights or forms of protection having equivalent or similar

effect anywhere in the world;

“Landfill Site” or “Landfill” or “Dump Site” shall mean the landfill/Dump Site located at at Bandar Road,

Porbandar, Gujarat, identified for Dumping/Landfilling of the Residual Inert Matter produced at the

Processing Facility;

“Landfilling” shall mean the disposal of the Residual Inert Matter designed with protective measures,

against pollution of ground water, surface water, air fugitive dust, windblown litter, bad odour, fire hazard,

bird menace, pests or rodents, greenhouse gas emissions, slope instability and erosion, in accordance with

the terms of this Agreement;

“Rent Payment” shall have the meaning set forth in Clause9.1.1;

"LoA" shall have the meaning ascribed to it in Recital 5;

"Maintenance" means, in relation to any of the Processing Facilities, the inspection, maintenance, repair,

modification or replacement including routine and periodic maintenance thereof;

“Maintenance Programme” shall have the meaning as defined in Clause13.11.1;

“Material Adverse Effect” shall mean a material adverse effect of any act or event on the ability of either

Party to perform any of its obligations under and in accordance with the provisions of this Agreement and

which act or event causes a material financial burden or loss to either Party;

“Material Breach” shall mean a breach by either Party of any of its obligations under this Agreement which

has or is likely to have a Material Adverse Effect on the Project and which such Party shall have failed to

“Minimum Processing Quantity” shall mean the obligation of the Contractor to process the minimum

quantity of C&D Waste as specified in Clause 13.5.1;

“MSW Waste” shall mean waste generated by households, public services, agricultural activities,

commercial establishments and industries located within the jurisdiction of the Authority;

“MSW Rules” shall mean the Municipal Solid Waste (Management and Handling) Rules, 2000 framed by the

GoI under the Environment (Protection) Act, 1986 (Act 29 of 1986) and includes any statutory

amendments/ modifications thereto or re-enactments thereof, for the time being in force;

“O&M” shall mean the operation and maintenance of the Project and includes all matters connected with

or incidental to such operation and maintenance and provision of the Processing Facilities in accordance

with the provisions of this Agreement, as set forth in ARTICLE13;

“O&M Contract” shall mean the operation and maintenance contract that may be entered into between

PMC and the Contractor for performance of all or any of the O&M obligations;

“O&M Inspection Report” shall have the meaning ascribed to the term in Clause15.2.1;

“O&M Requirements” shall mean the requirements for the O&M of the Project Facilities set forth in the

“O&M Manual” shall have the meaning set forth in Clause 13.1.1;

“On Demand Collection” means the service provided by the Contractor for collecting C & D Waste from

within the City Area of Porbandar pursuant to a request, by phone or in writing by Users located for such

service in accordance with the terms and conditions of this Agreement;

“Organic Waste” shall mean such type of waste that can be degraded by micro-organisms;

“Security Deposit” shall mean such security provided by the Contractor as set forth in Clause 8.1;

“Performance Standards” shall mean standards of operations as defined in Schedule 7;

“Processing” shall mean processing of C&D Waste by which it is mechanically segregated, crushed and

transformed into new or Recycled Products by using the Technology in accordance with Good Industry

Practice and Applicable Law;

“Processing Facility/ies” shall mean the integrated facilities including the crushers, segregation, screeners

established for Processing of C&D Waste to be designed, finance, constructed, operated and maintained by

the Contractor in accordance with the terms and provisions of this Agreement, Good Industry Practice and

Applicable Law;

“Project” shall have the meaning as ascribed to it in Recital 3;

“Project Agreements” shall mean this Agreement, the Land Agreement / rent agreement, EPC Contract,

O&M Contract, and any other agreements or material contracts that may be entered into by the Contractor

with any person in connection with matters relating to, arising out of or incidental to the Project;

“Project Facilities” shall mean, as the context may require, either all or one or more of the constitutes of

the Project including (i) the Storage Sites, (ii) vehicles used for Transportation and (iii) the individual facilities

comprising the Processing Facilities and includes all buildings, plant and machinery, equipment, storage and

parking spaces, roads, including the roads connecting the Project Site [gads, access facilities and ancillary

“Project Site” shall mean the land admeasuring approx. 1.2 acres of land. Location of the site shall be

nearby MSW Processing Site partial land located at Bandar Road.

“Proposal” shall mean the proposal submitted by the Contractor to the Authority;

“Provisional Certificate” shall have the meaning as given in Clause 12.3.1;

“Recycled Products” shall mean the environmentally safe products including ready mix concrete, Stone,

bricks, blocks, Kerbing stone obtained upon Processing the C&D Waste at the Processing Facility;

“Residual Inert Matter” shall mean the waste matter obtained after Processing of the C&D Waste at the

Processing Facility;

“Safety Requirements” shall have the meaning as set forth in Clause 14.1.1;

“Scheduled Completion Date” shall have the meaning as set forth in Clause 10.2.1;

“Selected Bidder” shall mean the bidder who has been issued the LOA;

“Standards and Specifications” shall mean the standards, specifications, terms and conditions which must

be strictly adhered to by the Contractor in relation to the implementation of the Project and shall include

the following: (i) Construction Requirements; (ii) O&M Requirements; (iii) Performance Standards and (iv)

any other condition that may be specified by Authority necessary for the effective implementation of the

“State” shall mean the State of Gujarat and “State Government” means the government of that State;

“Statutory Auditors” shall mean a reputable firm of chartered accountants acting as the statutory auditors

of the Contractor under the provisions of the Companies Act, 1956;

“Storage Sites” shall mean the locations identified and provided by PMC in each zone of Porbandar

for temporary storage of C & D Waste in accordance with the terms of this Agreement;

“Suspension” shall have the meaning set forth in Clause 21.1.1;

“Taxes” shall mean any Indian taxes including excise duties, customs duties, value added tax, sales tax, local

taxes, cess and any impost or surcharge of like nature (whether Central, State or local) on the goods,

materials, equipment and services incorporated in and forming part of the Project charged, levied or

imposed by any Government Instrumentality, but excluding any interest, penalties and other sums in

relation thereto imposed on any account whatsoever. For the avoidance of doubt, Taxes shall not include

taxes on corporate income;

“Technology” shall mean the technology to be used by the Contractor to develop the Processing Facility,

proposed by the Selected Bidder in its Proposal, as set out in Schedule 12;

“Termination” shall mean expiry or termination of this Agreement and the contract hereunder, as the case

“Termination Date” shall mean the date specified in the Termination Notice as the date on which

Termination occurs / comes into effect;

“Termination Notice” shall mean the communication issued in accordance with this Agreement by one

Party to the other Party terminating this Agreement;

“Termination Payment” shall mean the payment to be made by a Party to the other Party in case of

termination of this Contract Agreement in terms hereof

“Tests” shall mean the tests required to be undertaken by the Contractor to determine the completion of

the Project in accordance with the provisions of this Agreement;

“Tipping Fees” shall mean the amount as set out in Clause 16.1, payable by the Authority to the contractor

per metric ton of C&D Waste for providing services of collection, transportation and storage of the C&D

Waste in terms of this Contract Agreement;

“TPD” shall mean tonnes per day;

"Transportation" means conveyance of C&D Waste from place to place to the Processing Facility through

especially designed/mandated transport system so as to prevent littering, unsightly conditions and traffic

“Unprocessed Quantity” shall mean the difference between the Minimum Processing Quantity and the

C&D Waste quantity actually processed by the Contractor during the relevant month;

“Users” means any person within the city of Porbandar who wants to avail of the services of collection,

transportation and disposal of C & D Waste provided by the Contractor in lieu of a User Fee, in accordance

with the terms and conditions of this Agreement.

“User Fee” shall mean the charges payable by the Users for availing the On Demand Collection services

provided by the Concessionaire;

“WPI” shall mean the Wholesale Price Index for all commodities as published by the Ministry of Commerce

and Industry, GOI and shall include any index which substitutes the WPI, and any reference to WPI shall,

unless the context otherwise requires, be construed as a reference to the latest monthly WPI published no

later than 30 (thirty) days prior to the date of consideration hereunder.

1.2. Interpretation

1.2.1. In this Agreement, unless the context otherwise requires,

(a) References to laws of India or Indian law or regulation having the force of law shall include

the laws, acts, ordinances, rules, regulations, bye laws or notifications which have the force

of law in the territory of India and as from time to time may be amended, modified,

supplemented, extended or re-enacted;

(b) References to a “person” and words denoting a natural person shall be construed as a

reference to any individual, firm, company, corporation, society, trust, government, state or

agency of a state or any association or partnership (whether or not having separate legal

personality) of two or more of the above and shall include successors and assigns;

(c) The table of contents, headings or sub-headings in this Agreement are for convenience of

reference only and shall not be used in, and shall not affect, the construction or

interpretation of this Agreement;

(d) The words “include” and “including” are to be construed without limitation and shall be

deemed to be followed by “without limitation” or “but not limited to” whether or not they

are followed by such phrases;

(e) Any reference to any period of time shall mean a reference to that according to Indian

(f) Any reference to day shall mean a reference to a calendar day;

(g) References to a “business day” shall be construed as a reference to a day (other than a

Sunday) on which banks in Porbandar are generally open for business;

(h) Any reference to month shall mean a reference to a calendar month as per the Gregorian

(i) References to any date or period shall mean and include such date or period as may be

extended pursuant to this Agreement;

(j) Any reference to any period commencing “from” a specified day or date and “till” or “until”

a specified day or date shall include both such days or dates; provided that if the last day of

any period computed under this Agreement is not a business day, then the period shall run

until the end of the next business day;

(k) The words importing singular shall include plural and vice versa;

(l) References to any gender shall include the other and the neutral gender;

(m) References to the “winding-up”, “dissolution”, “insolvency”, or “reorganization” of a

company or corporation shall be construed so as to include any equivalent or analogous

proceedings under the law of the jurisdiction in which such company or corporation is

incorporated or any jurisdiction in which such company or corporation carries on business

including the seeking of liquidation, winding-up, reorganization, dissolution, arrangement,

protection or relief of debtors;

(n) Save and except as otherwise provided in this Agreement, any reference, at any time, to any

agreement, deed, instrument, license or document of any description shall be construed as

reference to that agreement, deed, instrument, license or other document as amended,

varied, supplemented, modified or suspended at the time of such reference; provided that

this Sub-clause shall not operate so as to increase liabilities or obligations of the Authority

hereunder or pursuant hereto in any manner whatsoever;

(o) Any agreement, consent, approval, authorization, notice, communication, information or

report required under or pursuant to this Agreement from or by any Party shall be valid and

effective only if it is in writing under the hand of a duly authorized representative of such

Party, as the case may be, in this behalf and not otherwise;

(p) The Schedules and Recitals to this Agreement form an integral part of this Agreement and

will be in full force and effect as though they were expressly set out in the body of this

(q) References to Recitals, Articles, Clauses, Sub-clauses or Schedules in this Agreement shall,

except where the context otherwise requires, mean references to Recitals, Articles, Clauses,

Sub-clauses and Schedules of or to this Agreement, and references to a Paragraph shall,

subject to any contrary indication, be construed as a reference to a Paragraph of this

Agreement or of the Schedule in which such reference appears;

(r) The damages payable by either Party to the other of them, as set forth in this Agreement,

whether on per diem basis or otherwise, are mutually agreed genuine pre-estimated loss

and damage likely to be suffered and incurred by the Party entitled to receive the same and

are not by way of penalty (the “Damages”); and

(s) Time shall be of the essence in the performance of the Parties’ respective obligations. If any

time period specified herein is extended, such extended time shall also be of the essence.

1.2.2. Expressly provided otherwise in this Agreement, any Documentation required to be provided or

furnished by the Contractor to the Authority or any authorized representative of the Authority

shall be provided free of cost and in 3 (three) copies, and if the Authority or any authorized

representative of the Authority is required to return any such Documentation with their

comments and/or approval, they shall be entitled to retain 2 (two) copies thereof.

1.2.3. The rule of construction, if any, that a contract should be interpreted against the parties

responsible for the drafting and preparation thereof, shall not apply.

1.2.4. Any word or expression used in this Agreement shall, unless otherwise defined or construed in

this Agreement, bear its ordinary English meaning and, for these purposes, the General Clauses

Act, 1897 shall not apply.

1.3. Measurements and Arithmetic Conventions

1.3.1. All measurements and calculations shall be in the metric system and calculations done to 2 (two)

decimal places, with the third digit of 5 (five) or above being rounded up and below 5 (five)

being rounded down.

1.4. Priority of Agreements, Clauses and Schedules

1.4.1. This Agreement and the Schedules forming part of or referred to in this Agreement are to be

taken as mutually explanatory and, unless otherwise expressly provided elsewhere in this

Agreement, the priority of this Agreement and the Schedules forming part hereof or referred to

herein shall, in the event of any conflict between.

1.4.2. Them, be in the following order:

(a) This Agreement;

(b) Schedules forming part hereof or referred to herein;

1.4.3. Subject to the provisions of Clause 1.4.1, in case of ambiguities or discrepancies within this

Agreement, the following shall apply:

(a) Between two or more Clauses of this Agreement, the provisions of a specific Clause relevant

to the issue under consideration shall prevail over those in other Clauses;

(b) Between the Clauses of this Agreement and the Schedules, the Clauses shall prevail and

between Schedules and Annexes, the Schedules shall prevail;

(c) Between any two Schedules, the Schedule relevant to the issue shall prevail; and

(d) Between any value written in numerals and that in words, the latter shall prevail.

ARTICLE 2 – GRANT OF CONTRACT

2.1. The Contract

Subject to and in accordance with the provisions of this Agreement, the Applicable Laws and the

Applicable Permits, the Authority hereby grants to the contractor, and the contractor hereby

accepts the following contract on exclusive basis for the contract Period (“contract”):

(a) Perform and fulfil all of the contractor’s obligations under and in accordance with this

(b) Design, engineer, finance, procure, construct, install, Test, commission, operate and

maintain the Processing Facilities using the Technology either itself or through such person

as may be selected by it;

(c) Bear and pay all costs, expenses and charges in connection with or incidental to the

performance of the obligations of the contractor under this Agreement;

(d) Inspect the C&D Waste at the Storage Site and identify Excluded Waste in such manner as it

deems fit, and refuse to accept the Excluded Waste;

(e) Set up a 50-ton electronic weighbridge at the Project Site;

(f) Transport and Dispose the Residual Inert Matter to the Dumpsite/Landfill Site and bear all

costs related to handling, loading, transportation and unloading of Residual Inert Matter

from Project Site to the Dumpsite/Landfill Site;

(g) Receive all the fiscal incentives and benefits (if any) accruing in respect of or on account of

(h) Exclusively hold, possess, and control the Project Site, in accordance with the terms of this

Agreement, for the purposes of the due implementation of this Project, in accordance with

the terms of this Contract Agreement;

(i) To charge, collect, retain and appropriate Tipping Fee in accordance with the terms and

conditions of this Agreement;

(j) To receive all the fiscal incentives and benefits accruing in respect of or on account of the

Project including Carbon Credits/ Certified Emission Reduction (CERs) under Clean

Development Mechanism (CDM);

(k) Set all standards and frame and apply all internal policies, guidelines and procedures as may

be appropriate for the safety, security, development, management, O&M of the Project

Facilities, subject only to the terms of this Agreement and in accordance with Applicable

Laws and Good Industry Practice; and

(l) Do all things incidental or related thereto or which the Contractor considers desirable and

appropriate to be carried on in connection therewith.

2.2. Contract Period

2.2.1. Subject to early termination of this Agreement in accordance with its terms, the Contract is

granted for a period of 09 months (Excluding Monsoon from 15th June to September) from the

commencement, unless extended by the Parties ("Contract Period").

2.2.2. Prior to the Expiry Date, the Parties may agree to renew or extend the Contract after the expiry

of the initial Contract Period, for such further period of time and on such terms and conditions

as shall be mutually agreed upon.

ARTICLE 3 – CONDITIONS PRECEDENT

3.1. Conditions Precedent

3.1.1. Save and except as expressly provided in Article 1, ARTICLE 3, ARTICLE 8, ARTICLE 9, ARTICLE

ARTICLE 27 and ARTICLE 28, or unless the context otherwise requires, the respective rights and

obligations of the Parties under this Agreement shall be subject to the satisfaction in full of the

Conditions Precedents specified in this Clause 3.1 (the “Conditions Precedent”).

3.1.2. Each Party shall satisfy or procure the satisfaction of the Conditions Precedent that it is

responsible for within a period of 2 (two) Months of the signing of this Agreement.

3.1.3. The Authority shall fulfil the following conditions, if not already fulfilled on the date of execution

of this Agreement:

(a) Execute the Land Agreement / rent agreement or as decided by PMC, and hand over to the

contractor, lawful and Encumbrance free vacant possession of 100% of the Project Site on

an ‘as is where is’ basis;

(b) At its own cost and expense, received Project Site authorization from the concerned

(c) Provide a list of the Storage Sites to the Contractor and hand over the same upon

achievement of commencement;

(d) Clearing jungle including of rank vegetation, grass, bush, wood trees and saplings up to

cm. Measured at a height of 1.00 mtr. Above ground level & removal of rubbish at project

site and up to a distance of 50 mtr. Outside the periphery of project site and reclaimed level

the project site.

(e) The authority shall give external for purchase of recycled products in different projects.

(f) The authority shall develop storage site in different zones at its own cost in PMC limit.

(g) Circulate a letter/ a copy of notification to all Government Instrumentality (within PMC

limit) notifying them regarding this project including the methodology of working;

(h) Provide a letter to the Contractor or issue an order permitting the Contractor to transport

and carry the C & D Waste from the Storage Sites; and

(i) Facilitate the Contractor in getting all environmental & other necessary clearances,

approvals and permits under Applicable Laws that may be applicable to enable the due

implementation of the Project by providing, inter alia, letters/documents and

recommendations as required.

Provided that upon request in writing by the Authority, the Contractor may, in its discretion, waive

any of the Condition Precedent set forth in this Clause 3.1.3. For the avoidance of doubt, the

Contractor may, in its sole discretion, grant any waiver hereunder with such conditions as it may

3.1.4. The Conditions Precedent required to be satisfied by the Contractor prior to the Appointed Date

shall be deemed to have been fulfilled when the Contractor shall have:

(a) received consent to establish from the Gujarat Pollution Control Board as per applicable

rules and regulations;

(b) procured all the Applicable Permits specified in Schedule 2 unconditionally or if subject to

conditions, then all such conditions required to be fulfilled by the date specified therein

shall have been satisfied in full and such Applicable Permits are in full force and effect;

(c) delivered to the Authority a legal opinion from the legal counsel of the Contractor with

respect to the authority of the Contractor to enter into this Agreement and the

enforceability of the provisions thereof;

(d) construct a boundary wall around the Project Site;

(e) providing all the board resolutions and special resolutions passed in its board meeting and

general meeting respectively, authorizing the execution, delivery and performance of this

Agreement by the Concessionaire; and

(f) providing proof of its shareholding pattern, evidenced by certificates from the authorized

signatory of the Concessionaire.

Provided that upon request in writing by the Concessionaire, the Authority may, in its discretion,

waive any of the Conditions Precedent set forth in this Clause 3.1.4. For the avoidance of doubt, the

Authority may, in its sole discretion, grant any waiver hereunder with such conditions as it may

3.1.5. Each Party shall make all reasonable endeavors to satisfy the Conditions Precedent within the

time stipulated and shall provide the other Party with such reasonable cooperation as may be

required to assist that Party in satisfying the Conditions Precedent for which that Party is

3.1.6. The Parties shall notify each other in writing at least once a month on the progress made in

satisfying the Conditions Precedent. Each Party shall promptly inform the other Party, in any

event, not later than 5 (five) days, when any Condition Precedent for which it is responsible has

been satisfied.

3.2. Damages for Delay by the Authority

In the event that (i) the Authority does not procure fulfilment of the Conditions Precedent set forth

3.2.1. Within the period specified in respect thereof, and (ii) the delay has not occurred as a result of

breach of this Agreement by the Contractor or due to Force Majeure, the Contractor shall be

entitled to terminate this Agreement by issuing a 30 (thirty) Day notice to the Authority. Upon

termination of this Agreement pursuant to this Clause 3.2, the Contractor shall not be entitled to

receive any payment/compensation from the Authority under this Agreement or otherwise.

However, the Authority shall return the Security Deposit, as the case may be, to the Contractor

without any interest.

3.3. Damages for Delay by the Concessionaire

3.3.1. In the event that (i) the Contractor does not procure fulfilment of any or all of the Conditions

Precedent set forth in Clause 3.1.4within the period specified in respect thereof, and(ii) the delay

has not occurred as a result of failure of the Authority to fulfil the obligations under Clause 3.1.3

or other breach of this Agreement by the Authority, or due to Force Majeure, the Contractor

shall pay to the Authority, Damages in an amount calculated at the rate of 0.1% (zero point one

per cent) of the Security Deposit for each day’s delay until the fulfilment of such Conditions

Precedent, subject to a maximum of 10% (ten percent) of the Security Deposit.

3.3.2. Provided, that in the event the Contractor is not able to fulfil Condition Precedent specified

under Clause 3.1.4 (a) and (b) due to no fault attributable to the Concessionaire, then the

damages set out above shall not be levied on the Concessionaire.

3.3.3. Upon levy of Damages equivalent to 10% (ten percent) of the Security Deposit or non-fulfilment

of Conditions Precedent by the Contractor within 4 (four) Months from the date of Contract

Agreement, whichever is earlier, the Authority shall be entitled to terminate this Agreement by

issuing a 15 (fifteen)day notice to the Concessionaire.

3.3.4. Upon such termination, the Authority shall be entitled to forfeit the Security Deposit of the

Contractor in its entirety, as a genuine pre-estimate of and reasonable compensation for loss and

damages caused to the Authority as a result of the Concessionaire's failure to fulfil the

Conditions Precedent and implement the Project in accordance with the terms of this

3.4. Non-Achievement of Conditions Precedent

3.4.1. In case the Conditions Precedent are not achieved within a period of 4 (four) Months from the

date of the Contract Agreement for reasons not attributable to either of the Parties and beyond

the reasonable control of the Parties, then either Party will have the right to terminate the

Contract Agreement by issuing a 30 (thirty) days’ notice and in such case the Security Deposit

shall be returned to the Contractor after recovery of all amounts payable by the Contractor to

ARTICLE 4 –OBLIGATIONS OF THE CONTRACTOR

4.1. obligations of the Contractor

4.1.1. Subject to and on the terms and conditions of this Agreement, the Contractor shall, at its own

cost and expense, finance and undertake the design, engineering, procurement, construction,

operation, and maintenance of the Project Facilities and observe, fulfill, comply with and

perform all its obligations set out in this Agreement or arising hereunder.

4.1.3. The Contractor shall be responsible to operate and maintain the Processing Facilities such that it

can process the C&D Waste throughout the Contract Period.

4.1.4. The Contractor shall be responsible for design, engineering, procurement, construction,

operation and maintenance of the infrastructure facilities such as water supply, power supply

and roads inside the boundaries of the Project Site, required for construction and operations of

the Processing Facility, with reasonable assistance from the Authority and shall bear all costs

and expenses of the same including the deposit charges, consumption charges payable to the

relevant authorities as may be necessary.

4.1.5. The Contractor shall prepare the Project Site as required for the Project.

4.1.6. The Contractor shall comply with all Applicable Laws and Applicable Permits (including renewals

as required) in the performance of its obligations under this Agreement.

4.1.7. The Contractor shall discharge its obligations in accordance with Good Industry Practice and as a

reasonable and prudent person.

4.1.8. The Contractor shall, at its own cost and expense, in addition to and not in derogation of its

obligations elsewhere set out in thisAgreement:

(a) make, or cause to be made, necessary applications to the relevant Government

Instrumentality with such particulars and details as may be required for obtaining Applicable

Permits, and obtain and keep in force and effect such Applicable Permits in conformity with

the Applicable Laws;

(b) procure, as required, the appropriate licenses, agreements and permissions for materials,

methods, processes and systems used or incorporated into the Project;

(c) make reasonable efforts to maintain harmony and good industrial relations among the

personnel employed by it or its Contractor in connection with the performance of its

obligations under this Agreement;

(d) ensure and procure that its Contractor comply with all Applicable Permits and Applicable

Laws in the performance by them of any of the Concessionaire’s obligations under this

(e) not do or omit to do any act, deed or thing which may in any manner be violative of any of

the provisions of this Agreement;

(f) support, cooperate with and facilitate the Authority in the implementation and operation of

the Project in accordance with the provisions of this Agreement; and

(g) transfer the Project Site to the Authority on the Expiry Date, in accordance with the

provisions of this agreement.

4.1.9. The Contractor shall either set up a fully equipped laboratory to monitor the quality of water, air,

soil and impact of the Project on the same or undertake the required activities through an

external agency, approved by the Authority.

4.1.10. The Contractor shall be responsible for construction, operation and maintenance of tipper trucks

and required infrastructure including treatment units (crushers and separators) etc.

4.1.11. The Contractor shall setup a 50 tons electronic weighbridge at the Project Site at its own cost

and maintain the same throughout the Contract Period.

4.1.12. The Contractor shall identify and develop end-markets for Recycled Products, independently.

4.1.13. The Contractor shall at its own cost and expense, Dispose the Residual Inert Matter at the

Dumpsite/Landfill Site as per Authority’s direction throughout the Contract Period.

4.2. Collection and Transportation

4.2.1. The Contractor shall be responsible for the Collection and Transportation of the C&D Waste to

the Processing Facility.

4.2.2. The Contractor shall arrange for and ensure availability of the necessary facility such as vehicles,

operating staff etc. for Collection and Transportation of C&D Waste from the Storage Sites and

from the Users.

4.2.3. All complaints about collection service shall be made directly to the Concessionaire, who on

receipt of complaint and finding it true shall redress the complaint and grievance at the earliest

possible, and ensure that such instances do not occur frequently & submit to the Authority

compliance report on a regular basis.

4.3. Use of Project Site

4.3.1. The Project Site shall only be used for the purposes of development and implementation of the

Project throughout the Contract Period. The Contractor shall not, without the prior written

approval of the Authority, use the Project Site for any purpose other than for the purpose of

designing, developing, financing, constructing, operating and maintaining the Processing

Facilities and undertaking other activities as may be required to implement the Project pursuant

to this Agreement.

For avoidance of doubt, any land given by the Authority to the Contractor for this Project shall

not be used for development of residential or commercial facilities or premises for rent, or

similar purpose.

4.4. Obligations relating to Project Agreements

4.4.1. It is expressly agreed that the Contractor shall, at all times, be responsible and liable for all its

obligations under this Agreement notwithstanding anything contained in the Project Agreements

or any other agreement, and no default under any Project Agreement shall excuse the Contractor

from its obligations or liability hereunder.

4.4.2. The Contractor shall submit to the Authority the drafts of all Project Agreements, the Contractor

shall submit to the Authority a true copy thereof, duly attested by a director of the

Concessionaire, for its record. It is further agreed that no review and/or Observation of the

Authority and/or its failure to review and/or convey its Observations on any document shall

relieve the Contractor of its obligations and liabilities under this Agreement in any manner nor

shall the Authority be liable for the same in any manner whatsoever.

4.4.3. The Contractor shall procure that each of the Project Agreements contains provisions that entitle

the Authority to step into such agreement, in its sole discretion, in substitution of Suspension

(the “Covenant”). For the avoidance of doubt, it is expressly agreed that in the event the

Authority does not exercise such rights of substitution within a period not exceeding 90 (ninety)

days from the Expiry Date, the Project Agreements shall be deemed to cease to be in force and

effect on the Expiry Date without any liability whatsoever on the Authority and the Covenant

shall expressly provide for such eventuality. The Contractor expressly agrees to include the

Covenant in all its Project Agreements and undertakes that it shall, in respect of each of the

Project Agreements, procure and deliver to the Authority an acknowledgment and undertaking,

in a form acceptable to the Authority, from the counter party(ies) of each of the Project

Agreements, whereunder such counter party(ies) shall acknowledge and accept the Covenant

and undertake to be bound by the same and not to seek any relief or remedy whatsoever from

the Authority in the event of Termination or Suspension.

4.4.4. Notwithstanding anything to the contrary contained in this Agreement, the Contractor agrees

and acknowledges that selection or replacement of any Contractor shall be subject to the prior

approval of the Authority. The decision of the Authority in this behalf being final, conclusive and

binding on the Concessionaire, and undertakes that it shall not give effect to any such selection

or contract without prior approval of the Authority. For the avoidance of doubt, it is expressly

agreed that approval of the Authority hereunder shall be limited to national security and public

interest perspective, and the Authority shall endeavor to convey its decision thereon

expeditiously. It is also agreed that the Authority shall not be liable in any manner on account of

grant or otherwise of such approval and that such approval or denial thereof shall not in any

manner absolve the Contractor or its Contractor from any liability or obligation under this

4.5. Obligations relating to Change in Ownership

4.5.1. The Contractor shall not undertake or permit any Change in Ownership, except with the prior

approval of the Authority.

4.5.2. Notwithstanding anything to the contrary contained in this Agreement, the Contractor agrees

and acknowledges that:

i) all acquisitions of Equity by an acquirer, either by himself or with any person acting in

concert, directly or indirectly, including by transfer of the direct or indirect legal or

beneficial ownership or control of any Equity, in aggregate of not less than 15% (fifteen

per cent) of the total Equity of the Concessionaire; or

ii) acquisition of any control directly or indirectly of the board of directors of the Contractor

by any person either by himself or together with any person or persons acting in concert

with him shall constitute a Change in Ownership requiring prior approval of the

Authority. The decision of the Authority in this behalf being final, conclusive and binding

on the Concessionaire, and undertakes that it shall not give effect to any such acquisition

of Equity or control of the board of directors of the Contractor without such prior

approval of the Authority. For the avoidance of doubt, it is expressly agreed that

approval of the Authority hereunder shall be limited to national security and public

interest perspective, and the Authority shall endeavor to convey its decision thereon

expeditiously. It is also agreed that the Authority shall not be liable in any manner on

account of grant or otherwise of such approval and that such approval or denial thereof

shall not in any manner absolve the Contractor from any liability or obligation under this

For the purposes of this Clause 4.5.2:

(a) the expression “acquirer”, “control” and “person acting in concert” shall have the

meaning ascribed thereto in the Securities and Exchange Board of India (Substantial

Acquisition of Shares and Takeover) Regulations, 2011 or any statutory re-enactment

thereof as in force as on the date of acquisition of Equity, or the control of the board of

directors, as the case may be, of the Concessionaire;

(b) the indirect transfer or control of legal or beneficial ownership of Equity shall mean

transfer of the direct or indirect beneficial ownership or control of any company or

companies whether in India or abroad which results in the acquirer acquiring control

over the shares or voting rights of shares of the Concessionaire; and

(c) power to appoint, whether by contract or by virtue of control or acquisition of shares of

any company holding directly or through one or more companies (whether situated in

India or abroad) the Equity of the Concessionaire, not less than half of the directors on

the board of directors of the Contractor or of any company, directly or indirectly whether

situated in India or abroad, having ultimate control of not less than 15% (fifteen per

cent) of the Equity of the Contractor shall constitute acquisition of control, directly or

indirectly, of the board of directors of the Concessionaire.

4.6. Employment of foreign nationals

4.6.1. The Contractor acknowledges, agrees and undertakes that employment of foreign personnel by

the Contractor and/or its Contractor and their sub-contractors shall be subject to grant of

requisite regulatory permits and approvals including employment/residential visas and work

permits, if any required, and the obligation to apply for and obtain the same shall and will always

be of the Contractor and, notwithstanding anything to the contrary contained in this Agreement,

refusal of or inability to obtain any such permits and approvals by the Contractor or any of its

Contractor or sub-contractors shall not constitute Force Majeure Event, and shall not in any

manner excuse the Contractor from the performance and discharge of its obligations and

liabilities under this Agreement.

4.7. Employment of trained personnel

4.7.1. The Contractor shall ensure that the personnel engaged by it in the performance of its

obligations under this Agreement are at all times properly trained for their respective functions.

4.7.2. The Contractor shall ensure that all the employees provided for smooth operation of the Project

shall be covered under all relevant labour laws, including the Minimum Wages Act, the Contract

Labour Regulation and Abolition Act, the Child Labour Act, the Workmen’s Compensation Act or

any other act and judgments having oversight over this Project and provision of this Agreement.

The Contractor shall pay its workers, supervisor, labourers, drivers etc. as per the Minimum

Wages Act, 1948 in force and amended from time to time. The Contractor shall indemnify the

Authority against all claims, damages or compensation under the provisions of all Applicable

4.8. Carbon Credits

4.8.1. The PMC may at its own cost & expense endeavor to obtain carbon credits for the Project etc. All

the fiscal incentives and benefits accruing in respect of or on account of Carbon Credits/ CERs/

CDM shall be to the account of the PMC. The PMC shall bear all the development, validation and

other costs for obtaining the CDM benefits for the Project.

4.9. Sole purpose of the Concessionaire

4.9.1. The Contractor having been set up for the sole purpose of exercising the rights and observing and

performing its obligations and liabilities under this Agreement, the Contractor or any of its

subsidiaries shall not, except with the previous written consent of the Authority, be or become

directly or indirectly engaged, concerned or interested in any business other than as envisaged herein.

4.10. Branding of Project

4.10.1. The Contractor agrees that the Project shall be known, promoted, displayed and advertised by the

name of ’ ’. The Project or any part thereof shall not be branded in any manner to advertise,

display or reflect the name or identity of the Selected Bidder or the shareholders in the Contractor

save and except as may be necessary in the normal course of business. The Contractor shall however,

have right to utilize the name of the Project to exhibit technical and financial capability of the

Contractor for bidding for otherprojects.

ARTICLE 5 – OBLIGATIONS OF THE AUTHORITY

5.1. Obligations of the Authority

5.1.1. The Authority shall, at its own cost and expenses undertake, comply with and perform all its

obligations set out in this Agreement or arising hereunder.

5.1.2. The Authority agrees to provide support to the Contractor and undertakes to observe, comply

with and perform, subject to and in accordance with the provisions of this Agreement and the

Applicable Laws, the following:

a. handover the entire Project Site to the Contractor upon signing of a Land Agreement / rent

agreement in the form attached herewith as Schedule 11, for development of the Project;

b. upon written request from the Concessionaire, and subject to the Contractor complying with

Applicable Laws, provide reasonable support and assistance to the Contractor in procuring

Applicable Permits required from any Government Instrumentality for implementation and

operation of the Project;

c. provide support infrastructure such as that for water, sewerage and approach road with street

lighting up to the Project Site boundary.

d. not do or omit to do any act, deed or thing which may in any manner be violative of any of the

provisions of this Agreement;

e. support, cooperate with and facilitate the Contractor in the implementation and operation of

the Project in accordance with the provisions of this Agreement;

f. deliver every month after the commencement, C&D Waste equivalent to a minimum of the

Assured Waste Quantity at the Storage Site;

g. procure Project Site authorization from the concerned authorities;

h. develop, operate & maintain the Landfill Site and bear all costs related to the same; and

i. circulate a public notice regarding the Project, and create awareness campaign from time to

time to enable Private parties / citizens to avail services of the Contractor for disposal of C & D

ARTICLE 6 – OBLIGATIONS OF THE AUTHORITY

6.1. Representations and warranties of the Contractor and Selected Bidder

6.1.1. The Contractor represents and warrants to the Authority that:

(a) it is duly organized and validly existing under the laws of India, and has full power and

authority to execute and perform its obligations under this Agreement and to carry out the

transactions contemplated hereby;

(b) it has taken all necessary corporate and other actions under Applicable Laws to authorize the

execution and delivery of this Agreement and to validly exercise its rights and perform its

obligations under this Agreement;

(c) it has the financial standing and capacity to undertake the Project in accordance with the

terms of this Agreement;

(d) this Agreement constitutes its legal, valid and binding obligation, enforceable against it in

accordance with the terms hereof, and its obligations under this Agreement will be legally

valid, binding and enforceable obligations against it in accordance with the terms hereof;

(e) it is subject to the laws of India, and hereby expressly and irrevocably waives any immunity

in any jurisdiction in respect of this Agreement or matters arising thereunder including any

obligation, liability or responsibility hereunder;

(f) the information furnished in the Proposal and as updated on or before the date of this

Agreement is true and accurate in all respects as on the date of this Agreement;

(g) the execution, delivery and performance of this Agreement will not conflict with, result in

the breach of, constitute a default under, or accelerate performance required by any of the

terms of its Memorandum and Articles of Association or any Applicable Laws or any

covenant, contract, agreement, arrangement, understanding, decree or order to which it is a

party or by which it or any of its properties or assets is bound or affected;

(h) there are no actions, suits, proceedings, or investigations pending or, to its knowledge,

threatened against it at law or in equity before any court or before any other judicial, quasi-

judicial or other authority, the outcome of which may result in the breach of this Agreement

or which individually or in the aggregate may result in any material impairment of its ability

to perform any of its obligations under this Agreement;

(i) it has no knowledge of any violation or default with respect to any order, writ, injunction or

decree of any court or any legally binding order of any Government Instrumentality which

may result in any Material Adverse Effect on its ability to perform its obligations under this

Agreement and no fact or circumstance exists which may give rise to such proceedings that

would adversely affect the performance of its obligations under this Agreement;

(j) it has complied with Applicable Laws in all material respects and has not been subject to any

fines, penalties, injunctive relief or any other civil or criminal liabilities which in the

aggregate have or may have a Material Adverse Effect

(k) it shall at no time undertake or permit any Change in Ownership except in accordance with

the terms of this Agreement;

(l) agrees that the execution, delivery and performance by it of this Agreement and all other

agreements, contracts, documents and writings relating to this Agreement constitute Private

and commercial acts and not public or government acts;

(m) it shall during the Contract Period, have due authorization and proper legal rights to use the

Technology it uses for the operation of the Processing Facility.

6.1.2. The Selected Bidder represents and warrantsthat:

(a) it is duly organized and validly existing under the laws of the jurisdiction of its incorporation,

and has requested the Authority to enter into this Agreement with the Contractor pursuant

to the LOA, and has agreed to and unconditionally accepted the terms and conditions set

forth in this Agreement; and

(b) all information provided to the Authority for the purpose of its selection or otherwise, is to

the best of its knowledge and belief, true and accurate in all material respects.

6.2. Representations and warranties of the Authority

6.2.1. The Authority represents and warrants to the Contractor that:

(a) it has full power and authority to execute, deliver and perform its obligations under this

Agreement and to carry out the operation contemplated herein and that it has taken all

actions necessary to execute this Agreement, exercise its rights and perform its obligations,

under this Agreement;

(b) it has taken all necessary actions under the Applicable Laws to authorize the execution,

delivery and performance of this Agreement;

(c) it has the financial standing and capacity to perform its obligations under this Agreement;

(d) this Agreement constitutes a legal, valid and binding obligation enforceable against it in

accordance with the terms hereof;

(e) it has no knowledge of any violation or default with respect to any order, writ, injunction or

any decree of any court or any legally binding order of any Government Instrumentality

which may result in any Material Adverse Effect on the Authority’s ability to perform its

obligations under this Agreement;

(f) it has complied with Applicable Laws in all material respects; and

(g) it has good and valid right to the Project Site, and has power and authority to grant a Licence

in respect thereto to the Concessionaire.

6.3. Acknowledgement

6.3.1. The Parties acknowledge and confirm that the Parties have relied upon and have entered into this

Agreement on the basis of the representations, warranties and undertakings made by the Parties

6.4. Disclosure

6.4.1. In the event that any occurrence or circumstance comes to the attention of either Party that

renders any of its aforesaid representations or warranties untrue or incorrect, such Party shall

immediately notify the other Party of the same. Such notification shall not have the effect of

remedying any breach of the representation or warranty that has been found to be untrue or

incorrect nor shall it adversely affect or waive any right, remedy or obligation of either Party

under this Agreement.

ARTICLE 7 – DISCLAIMER

7.1. Disclaimer

7.1.1. The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has,

after a complete and careful examination, made an independent evaluation of the Project Site,

Standards and Specifications, local conditions, quality of waste and all information provided by

the Authority or obtained, procured or gathered otherwise, and has determined to its

satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and

hazards as are likely to arise or may be faced by it in the course of performance of its obligations

hereunder. The Authority makes no representation whatsoever, express, implicit or otherwise,

regarding the accuracy, adequacy, correctness, reliability and/or completeness of any

assessment, assumptions, statement or information provided by it and the Contractor confirms

that it shall have no claim whatsoever against the Authority in this regard.

7.1.2. The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or

relating to any of the matters set forth in Clause 7.1.1 above and hereby acknowledges and

agrees that the Authority shall not be liable for the same in any manner whatsoever to the

Concessionaire, and its Associates or any person claiming through or under any of them.

7.1.3. The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause

7.1.1 above shall not vitiate this Agreement, or render it voidable.

7.1.4. In the event that either Party becomes aware of any mistake or error relating to any of the

matters set forth in Clause 7.1.1 above, that Party shall immediately notify the other Party,

specifying the mistake or error; provided, however, that a failure on part of the Authority to give

any notice pursuant to this Clause 7.1.4 shall not prejudice the disclaimer of the Authority

contained in Clause 7.1.1 and shall not in any manner shift to the Authority any risks assumed by

the Contractor pursuant to this Agreement.

7.1.5. Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by

the Contractor and the Authority shall not be liable in any manner for such risks or the

consequences thereof.

ARTICLE 8 – SECURITY DEPOSIT

8.1. Security Deposit

8.1.1. The Contractor has for due and punctual performance of its obligations during the Contract

Period, delivered to the Authority, bank guarantee dated from a scheduled bank, for a

sum of Rs. The charges for providing the Security Deposit shall be borne by the

Concessionaire. The Security Deposit shall be required to remain valid till 3 (three) months after

the commencement.

8.1.2. The renewal of the Security Deposit, as and when required, is to be done by the Contractor at

least 1 (one) month before the date of expiry of the existing Security Deposit, failing which, the

Authority shall be entitled to invoke the Security Deposit. Provided that if the Agreement is

terminated due to any event other than a Contractor Event of Default, the Security Deposit, if

subsisting as on the Termination Date shall, subject to rights of the Authority to receive amounts

at prevailing time, if any, due from Contractor under this Agreement, be duly discharged and

released to Contractor within 30 (thirty) days from the TerminationDate.

8.2. Appropriation of Security Deposit

8.2.1. Upon occurrence of a Contractor Event of Default or failure to meet any Condition Precedent or

breach of Performance Standards that lead to payment of Damages or any breach of this

Agreement or in respect of any amount due from the Contractor to the Authority, the Authority

shall, without prejudice to its other rights and remedies hereunder or in law, be entitled to

encash and appropriate the relevant amounts from the Security Deposit as Damages for such

Contractor Event of Default or failure to meet any Condition Precedent. Upon such encashment

and appropriation from the Security Deposit, the Contractor shall, within 30 (thirty) days thereof,

replenish, in case of partial appropriation, to its original level the Security Deposit, and in case of

appropriation of the entire Security Deposit provide a fresh Security Deposit, as the case may be,

and the Contractor shall, within the time so granted, replenish or furnish fresh Security Deposit

as aforesaid failing which the Authority shall be entitled to terminate this Agreement in

accordance with ARTICLE22.

8.2.2. The decision of the Authority as to any breach/delay having been committed, liability accrued or

loss or damage caused or suffered shall be conclusive, absolute and binding on the bank

providing the Security Deposit. The Contractor specifically confirms and agrees and shall ensure

that the bank providing the Security Deposit agrees and confirms that no proof of any amount of

liability accrued or loss or damages caused or suffered by the Authority under this Agreement is

required to be provided in connection with any demand made by the Authority to recover such

compensation through encashment of the Security Deposit under this Agreement and that no

document or any action shall be required other than the Authority’s written demand in this

ARTICLE 9 – PROJECT SITE

9.1. Vesting of Project Site with Contractor

9.2. Rights, Title and Use of the Project Site and Storage Site

(a) The Contractor shall not part with or create any Encumbrance on the whole or any part of the

Project Site or Storage Site.

(b) The Contractor shall not, without the prior written approval of the Authority, use the Project Site

Storage Site for any purpose other than for the purpose of the Project and for purpose incidental

or ancillary thereto.

(c) It is expressly agreed that the rights granted hereunder shall terminate automatically and

forthwith, without the need for any action to be taken by the Authority to terminate the Land

Agreement, on the Expiry Date. For the avoidance of doubt, the Parties expressly agree that

notwithstanding any temporary or permanent structures erected on the Project Site by the

Concessionaire, the rights in respect of the Project Site shall automatically terminate, without any

further act of the Parties, on the Expiry Date.

(d) The Contractor hereby irrevocably appoints the Authority (or its nominee) to be its true and lawful

attorney, to execute and sign in the name of the Contractor a transfer or surrender of the rights

granted hereunder at any time after the Contract Period has expired or has been terminated earlier

in terms hereof, a sufficient proof of which will be the declaration of any duly authorized officer of

(e) It is expressly agreed that trees on the Project Site are property of the Authority except that the

Contractor shall be entitled to exercise usufructuary rights thereon during the Contract Period. The

Contractor shall allow access to and use of the Project Site for laying/ installing/ maintaining

telegraph lines, electric lines, gas lines of the Gas Authority of India Limited or for such other public

purposes as the Authority may specify provided that such access or use shall not result in a

Material Adverse Effect to the Concessionaire. For the avoidance of doubt, it is agreed that use of

the Project Site under this Clause shall not in any manner relieve the Contractor of its obligation to

maintain the Project Site in accordance with this Agreement and any damage caused by such use

shall be restored forthwith.

(f) The Contractor accepts the Project Site on an ‘as is where is’ basis and undertakes to bear all risk

arising out of the inadequacy or physical condition of the Project Site and confirms having:

i) inspected the Project Site, all structures thereon and their surroundings;

ii) satisfied itself of the Project Site conditions and the nature of the design, work and

material necessary for the performance of its obligations under this Agreement;

iii) satisfied itself as to the means of communication with, access to and accommodation on

the Project Site that it may require or as may otherwise be necessary for the performance

of its obligations under this Agreement; and

iv) obtained for itself all necessary information as to the risks, contingencies and all other

circumstances which may influence or affect the Contractor and its rights and obligations

under or pursuant to this Agreement.

(g) The Contractor acknowledges that it shall have no recourse against the Authority in the event of

any mistake made or misapprehension harbored by the Contractor in relation to any of the

foregoing provisions in this Clause and the Authority hereby expressly disclaims any liability in

respect thereof.

(h) The Contractor shall, at its own cost and expense, make such developments and improvements in

the Project Site Storage Site as may be necessary or appropriate to implement the Project in

accordance with this Agreement.

(i) The Contractor shall use all reasonable endeavors not to do or permit to be done anything which

i) be or become a danger or nuisance or give rise to liability in tort to any adjoining owners

or to members of the public generally; or

ii) cause damage or contamination to any adjoining property; and

iii) the Contractor shall at its own expense in the carrying out of the Construction Works

and/or the O&M take all reasonable measures and precautions to avoid any such danger,

nuisance, tort, damage or interference and shall make good any damage so caused.

(j) The Contractor shall make good any damage to any roads, footpaths, conduits, service media,

landscaping and other works on any adjoining property which is caused by the Contractor or the

9.3. Possession of the Project Site

9.3.1. Subject to these Sub-clauses of this Clause 9.3, the Authority hereby warrants that:

(a) The Project Site has been acquired through the due process of law and belongs to and is vested

in the Authority and that the Authority has full powers to hold, dispose of and deal with the

same; consistent and interlaid with the provisions of this Agreement and that the Contractor

shall, in respect of the Project Site, have no liability regarding any compensation payment on

account of land acquisition or rehabilitation/ resettlement of any person affected thereby.

(b) The Contractor shall, subject to complying with the terms and conditions of this Agreement,

remain in peaceful possession and enjoyment of the whole Project Site during the Contract

9.3.2. In the event that the Contractor is obstructed by any Person claiming any right, title or interest in

or over the Project Site or any part thereof or in the event of any enforcement action including

any attachment, distraint, appointment of receiver or liquidator being initiated by any Person

claiming to have a charge on the Project Site or any part thereof, the Authority shall, if called upon

by the Concessionaire, defend such claims and proceedings.

9.4. Project Site to be free from Encumbrances.

9.4.1. Subject to the provisions of Clause 9.1, the Project Site shall be made available by the Authority

to the Contractor pursuant hereto free from all Encumbrances and occupations and without the

Contractor being required to make any payment to the Authority on account of any costs,

compensation, expenses and charges for the acquisition and use of such Project Site for the

duration of the Contract Period, except insofar as otherwise expressly provided in this

Agreement. For the avoidance of doubt, it is agreed that existing rights of way, easements,

privileges, liberties and appurtenances to the Project Site shall not be deemed to be

Encumbrances. It is further agreed that the Contractor accepts and undertakes to bear any and

all risks arising out of the inadequacy or physical condition of the Project Site.

9.5. Protection of Project Site from encroachments

9.5.1. During the Contract Period, the Contractor shall protect the Project Site from any and all

occupations, encroachments or Encumbrances, and shall not place or create nor permit any

Contractor or other person claiming through or under the Contractor to place or create any

Encumbrance or security interest over all or anypart of the Project Site.

9.6. Access to the Authority and Others

9.6.1. The rights to the Project Site granted to the Contractor hereunder shall always be subject to the

right of access of the Authority and the persons and vehicles duly authorized by any Government

Instrumentality and their employees and agents for inspection, viewing and exercise of their

rights and performance of their obligations, and upon reasonable notice, the Contractor shall

provide to such person’s reasonable assistance necessary to carry out their respective duties and

9.7. Property taxes

9.7.1. All Taxes shall be payable by the Concessionaire, including the property taxes on the Project Site,

under Applicable Laws for use of the Project Site and the same shall not be reimbursed or payable

by the Authority.

9.8. Restriction on sub-letting

9.8.1. The Contractor shall not sublicense or sublet the whole or any part of the Project Site, save and

except as may be expressly set forth in this Agreement; provided that nothing contained herein

shall be construed or interpreted as restricting the right of the Contractor to appoint Contractor

for the performance of its obligations hereunder including for operation and maintenance of all

or any part of the Project.

9.9. Geological and Archaeological Finds

9.9.1. Property

It is expressly agreed that mining, geological or archaeological rights do not form part of the

rights granted to the Contractor under this Agreement and the Contractor hereby acknowledges

that it shall not have any mining rights or interest in the underlying minerals, fossils, antiquities,

structures or other remnants or things either of particular geological or archaeological interest

and that such rights, interest and property on or under the Project Site shall vest in and belong

to the Authority or the concerned Government Instrumentality. The Contractor shall take all

reasonable precautions to prevent its workmen or any other person from removing or damaging

such interest or property and shall inform the Authority forthwith of the discovery thereof and

take all necessary steps to preserve the object in the same condition in which it was found and

comply with such instructions as the concerned Government Instrumentality may reasonably give

for the removal of suchproperty.

(a) The Authority shall in any event within 10 (ten) days, issue a written instruction to the

Contractor specifying what action the Authority requires the Contractor to take in

relation to such discovery.

(b) The Contractor shall promptly and diligently comply with any instruction issued by the

Authority referred to in in the above sub-clause. If the Contractor incurs any additional

cost for complying with such instructions, such cost shall be reimbursed by the Authority

to the Concessionaire.

(c) If directed by the Authority, the Contractor shall allow the Authority to enter the Project

Site for the purposes of inspection, removal or disposal of such discovery.

ARTICLE 10 –DEVELOPMENT OF THE PROJECT

10.1. Obligations prior to commencement of construction

10.1.1. Prior to commencement of Construction Works, the Contractor shall:

(a) for the purpose of review, submit to the Authority its detailed design, development plan,

quality assurance procedures, and the procurement, engineering, installation and

commissioning time schedule for completion of the Project;

(b) Suggestions made by the Authority shall be considered and incorporated by the

Contractor in the concerned document.

(c) have requisite organization and designate and appoint suitable officers/representatives

as it may deem appropriate to supervise the Construction Works, to interact with the

Authority and to be responsible for all necessary exchange of information required

pursuant to this Agreement;

(d) undertake, do and perform all such acts, deeds and things as may be necessary or

required before commencement of construction under and in accordance with this

Agreement, the Applicable Laws and Applicable Permits; and

(e) make its own arrangements for procuring materials needed for the Construction Works

in accordance with the Applicable Laws and Applicable Permits.

10.2. Project Implementation

10.2.1. On or after the Appointed Date, the Contractor shall undertake the construction of the

Processing Facilities in accordance with the provisions of this Agreement. The 180th (one hundred

and eightieth) day from the date of execution of the Contract Agreement shall be the scheduled

date for completion of construction of the Project Facilities (the “Scheduled Completion Date”)

and the Contractor agrees and undertakes that the construction of the Processing Facilities shall

be completed on or before the Scheduled Completion Date.

10.2.2. In the event that the Construction of the Processing Facilities is not completed by the Schedule

Completion Date, the Authority may grant an extension up to a maximum of 30 (thirty) days

from the Scheduled Completion Date for the completion of Construction of Project Facilities

(Grace Period).

In the event that Construction of the Project Facilities is not completed within 30 (thirty) days

from the Scheduled Completion Date, unless the delay is on account of reasons solely

attributable to the Authority or due to Force Majeure, the Authority shall be entitled to

forthwith terminate this Agreement and appropriate the Security Deposit.

10.2.3. If the Construction Works are not completed by the Scheduled commencement, then the

Authority shall be entitled to liquidate damages calculated at the rate of 0.1% (zero-point one

percent) of the Security Deposit for each Day of delay beyond the Scheduled commencement

("Delay Liquidated Damages") till the completion of the Grace Period. PMC shall be entitled to

call upon the Contractor to pay the Delay Liquidated Damages; and/or to invoke the Security

Deposit to the extent of Delay Liquidated Damages are payable.

10.2.4. The Contractor shall construct the Processing Facilities in line with provisions of this Agreement,

Technology, Applicable Law, Applicable Permits, Good Industry Practice, Construction

Requirements, standards / guidelines for construction as per BIS, MSW Rules and other applicable

standards / guidelines.

10.2.5. The Contractor may undertake Construction Works by itself or through a Contractor possessing

requisite technical, financial and managerial expertise / capability; but in either case, the

Contractor shall be solely responsible to meet theConstruction Requirements.

10.2.6. The Contractor shall complete the Construction and achieve the commencement in a manner that

is safe and reliable for performance of the O&M during the Contract Period, subject to normal

wear and tear and Force Majeure Events, and free from all defects in design and workmanship.

10.2.7. The Authority, may, by written notice, require the Contractor to suspend forthwith the whole or

any part of the Construction Works, if in its reasonable opinion the same is being carried on in a

manner that is not in conformity with the Construction Requirements and in case the same is

rectified within 7 (seven) days of such notice.

10.3.1. In respect of the Concessionaire’s obligations relating to the Drawings of the Processing

Facilities, the following shall apply:

(a) The Contractor shall prepare and submit, with reasonable promptness, 3 (three) copies each

of all Drawings to the Authority for review;

(b) By submitting the Drawings for review to the Authority, the Contractor shall be deemed to

have represented that it has determined and verified that the design and engineering,

including field construction criteria related thereto, are in conformity with the Concession,

Construction Requirements and the Standards and Specifications;

(c) The Authority shall review the same and convey its Observations to the contractor. The

Contractor shall not be obliged to await the Observations of the Authority on the Drawings

submitted pursuant hereto beyond the stipulated period and may begin or continue

Construction Works at its own discretion and risk, and intimate the same to the Authority.

The same should be highlighted in the periodic reporting by the Concessionaire;

(d) If the aforesaid Observations of the Authority indicate that the Drawings are not in

conformity with the Standards and Specifications, such Drawings shall be revised by the

Contractor and resubmitted to the Authority for review. The Authority shall give its

Observations, if any, within 7 (seven) days of receipt of the revised Drawings;

(e) No review and/or Observation of the Authority and/or its failure to review and/or convey its

Observations on any Drawings shall relieve the Contractor of its obligations and liabilities

under this Agreement in any manner nor shall the Authority be liable for the same in any

(f) Notwithstanding the review by the Authority, the Contractor shall be solely responsible for

any defect and/or deficiency in the Drawings relating to the Project or any part thereof and

accordingly the Contractor shall at all times remain responsible for its obligations under this

(g) The Contractor shall be responsible for delays in meeting the Construction Requirements

caused by reason of any Drawings not being in conformity with the Construction

Requirements, and shall not be entitled to seek any relief in that regard from the Authority;

(h) The Contractor shall in no way represent to any person that as a result of any review by the

Authority has accepted responsibility for the engineering or soundness of any work relating

to the Project or a part thereof carried out by the Contractor and the Contractor shall, in

accordance with the provisions of this Agreement, be solely responsible for the technical

feasibility, operational capability and reliability of the Project or any part thereof; and

(i) Within 30 (thirty) days of the commencement, the Contractor shall furnish to the Authority a

complete set of as-built Drawings, in 2 (two) hard copies and in micro film form or in such

other medium as may be acceptable to the Authority, reflecting the Processing Facility as

actually designed, engineered, installed and commissioned, including an as-built survey

illustrating the layout of the Processing Facility.

ARTICLE 11 – MONITORING OF CONSTRUCTION

11.1. Monthly progress reports

11.1.1. During the Construction Period, the Contractor shall, no later than 7 (seven) days after the close

of each month, furnish to the Authority a monthly report on progress of the Construction Works

and shall promptly give such other relevant information as may be required by the Authority.

11.2. Inspection

11.2.1. During the Construction Period, the Authority shall be free to inspect the Processing Facility any

time and make a report of such inspection (the “Inspection Report”) stating in reasonable detail

the defects or deficiencies, if any. It shall send a copy of the Inspection Report to the Parties

within 7 (seven) days of such inspection and upon receipt thereof, the Contractor shall rectify

and remedy the defects or deficiencies, if any, stated in the Inspection Report. Such inspection or

submission of Inspection Report by the Authority shall not relieve or absolve the Contractor of its

obligations and liabilities hereunder in any manner whatsoever.

11.3. Delays during construction

11.3.1. If the Authority shall have reasonably determined that the rate of progress of Construction Works

is such that Processing Facilities is not likely to be commissioned by the Scheduled Completion

Date, it shall notify the Contractor to this effect, and the Contractor shall, within 15 (fifteen) days

of such notice, by a communication inform the Authority in reasonable detail about the steps it

proposes to take to expedite progress and the period within which it shall achieve the Scheduled

Completion Date.

11.4. Suspension of unsafe Construction Works

11.4.1. Upon recommendation of the Authority to this effect, the Authority may by notice require the

Contractor to suspend forthwith the whole or any part of the Construction Works if, in the

reasonable opinion of the Authority, such work threatens the safety of the Construction Works.

11.4.2. The Contractor shall, pursuant to the notice under Clause 11.4.1, suspend the Construction Works

or any part thereof for such time and in such manner as may be specified by the Authority and

thereupon carry out remedial measures to secure the safety of suspended works. The Contractor

may by notice require the Authority to inspect such remedial measures forthwith and make a

report to the Authority recommending whether or not the suspension hereunder may be

revoked. Upon receiving the recommendations of the Authority, the Authority shall either revoke

such suspension or instruct the Contractor to carry out such other and further remedial

measures as may be necessary in the reasonable opinion of the Authority, and the procedure set

forth in this Clause 11.4 shall be repeated until the suspension hereunder is revoked.

11.4.3. All costs incurred for maintaining and protecting the Construction Works or part thereof during

the period of suspension, shall be borne by the Concessionaire; provided that if the suspension

has occurred as a result of any breach of this Agreement by the Authority, such costs as certified

by the Statutory Auditor shall be borne by the Authority.

11.4.4. If suspension of Construction Works is for reasons not attributable to the Concessionaire, the

Authority shall determine extension of the dates to which the Contractor is reasonably entitled,

and shall notify the Authority accordingly where upon the Authority shall extend such dates in

accordance with the recommendations of the Authority. In the event that the Scheduled

Completion Date is extended pursuant hereto, the Contract Period shall be deemed to be

extended by a period equal in length to the period of extension of the Scheduled Completion

11.5. Photographs

11.5.1. During the Construction Period, the Contractor shall provide to the Authority for every calendar

month, photographs covering the status and progress of Construction Works in that month. Such

photographs shall be provided to the Authority within 7 (seven) days after the close of each

ARTICLE 12 – COMPLETION CERTIFICATE

12.1.1. At least 10 (ten) days prior to the likely completion of the Processing Facilities, the Contractor

shall notify the Authority of its intent to subject the Processing Facilities to Tests. The date and

time of each of the Tests shall be determined mutually by the Parties and the Authority may

designate its representative to witness the Tests. The Contractor shall provide such assistance as

the Authority may reasonably require for conducting the Tests.

12.1.2. The Authority shall provide the required quantity of C&D Waste for conducting the Test. The

Authority shall observe, monitor and review the results of the Tests to determine compliance of

the Project Facilities with Standards and Specifications and if it is reasonably anticipated or

determined by the Authority during the course of any Test that the performance of the

Processing Facility or any part thereof does not meet the Standards and Specifications, it shall

have the right to suspend or delay such Test and require the Contractor to remedy and rectify

the defects or deficiencies and repeat the Tests at its own cost and expense until such time that

the Authority is satisfied. Upon completion of each Test, the Contractor shall provide to the

Authority copies of all Test data including detailed Test results. For the avoidance of doubt, it is

expressly agreed that the Authority may require the Contractor to carry out or cause to be

carried out additional Tests, in accordance with Good Industry Practice, for determining the

compliance of the Processing Facilities with the Standards and Specifications.

12.1.3. Notwithstanding the instructions by or supervision of the conduct of the Tests by the Authority,

the Contractor shall bear all risk, loss and liability for compliance with this Clause and for the

adequacy, safety and fitness of purpose for the performance of the O&M. The Contractor shall

not be entitled to any extension of time or compensation for any costs incurred in complying

with the requirements of this Clause.

12.1.4. The Contractor shall maintain a proper record of all the Tests conducted and the remedial

measures taken by it to cure the defects and deficiencies, if any, in the Processing Facilities as

indicated by the results of such Tests.

12.2. Completion Certificate

12.2.1. Upon completion of Construction Works and the Authority determining the Tests to be

successful, it shall forthwith issue to the Contractor the Completion Certificate in the form set out

12.3. Provisional Certificate

12.3.1. The Authority may, at the request of the Concessionaire, issue a provisional certificate of

completion in the form set out in Schedule 3 (the “Provisional Certificate”) if the Tests are

successful and the Processing Facilities can be safely and reliably placed in commercial operation

though certain works or things forming part thereof are outstanding and not yet complete. In

such an event, the Provisional Certificate shall have appended thereto a list of outstanding items

signed jointly by the Parties (the “Punch List”); provided that the Authority shall not withhold

the Provisional Certificate for reason of any work remaining incomplete if the delay in

completion thereof is attributable to the Authority.

12.4. Completion of Punch List items

12.4.1. All items in the Punch List shall be completed by the Contractor within 15 (fifteen) days of the

date of issuance of the Provisional Certificate and for any delay thereafter, other than for reasons

solely attributable to the Authority or due to Force Majeure, the Authority shall be entitled to

recover Damages from the Contractor to be calculated and paid for each day of delay until all

items are completed, at 0.1% (zero point one per cent) of the Security Deposit. Subject to

payment of such Damages, the Contractor shall be entitled to a further period not exceeding

10(ten) days for completion of the Punch List items or the Authority may, without prejudice to

any other rights or remedy available to it under this Agreement, have such items completed at

the risk and costs of the Concessionaire. The cost incurred by the Authority in completing the

Punch List items, as certified by the Authority, shall be reimbursed by the Contractor to the

Authority within 7 (seven) days from the date of receipt of a claim in respect thereof from the

Authority. For the avoidance of doubt, it is agreed that if completion of any item is delayed for

reasons solely attributable to the Authority or due to Force Majeure, the completion date

thereof shall be determined by the Authority in accordance with Good Industry Practice, and

such completion date shall be deemed to be the date of issue of the Provisional Certificate for

the purposes of Damages, if any, payable for such item under this Clause 12.4.1.

12.4.2. Upon completion of all Punch List items, the Authority shall issue the Completion Certificate.

Failure of the Contractor to complete all the Punch List items within the time set forth in the

above Clause for any reason, other than conditions constituting Force Majeure or for reasons

solely attributable to the Authority, shall entitle the Authority to terminate this Agreement.

12.5. Withholding of Provisional Certificate

12.5.1. If the Authority determines that the Processing Facility or any part thereof does not conform to

the provisions of this Agreement and cannot be safely and reliably placed in commercial

operation, it shall forthwith make a report in this behalf and send copies thereof to the

Contractor and withhold issuance of the Provisional Certificate. Upon receipt of such notice, the

Contractor shall remedy and rectify such defects or deficiencies and thereupon Tests shall be

undertaken in accordance with this ARTICLE 12. Such procedure shall be repeated as necessary

until the defects or deficiencies are rectified.

12.6. Commencement Date

12.6.1. The Construction Works of the Project shall be deemed to be complete when the Completion

Certificate or the Provisional Certificate, as the case may be, is issued under the provisions of

ARTICLE 12, and accordingly the Commercial Operation Date of the Project shall be the date on

which such Completion Certificate or the Provisional Certificate is issued (the

“Commencement”). The Project Facilities shall enter into commercial service on commencement

where upon the Contractor shall be entitled to operate and maintain the Project Facilities in

accordance with the provisions of this Agreement.

ARTICLE 13 – SAFETY REQUIREMENTS

13.1. Safety Requirements

13.1.1. The Contractor shall comply with the provisions of this Agreement as per Schedule 8, Applicable

Laws and Applicable Permits and conform to Good Industry Practice for securing the safety of the

personnel at the Project Site. In particular, the Contractor shall develop, implement and

administer a surveillance and safety programme for providing a safe environment on or about the

Project, and shall comply with the safety requirements set forth in Schedule 8 (the “Safety

13.2. Expenditure on Safety Requirements

13.2.1. All costs and expenses arising out of or relating to Safety Requirements shall be borne by the

Contractor to the extent such costs and expenses form part of the works and services included in

the scope of the Project.

13.3. Contamination