Request for Proposal for Establishment and

Operation of minimum 110 TPD Capacity Facility to

Collect, Transport, Process and Utilize in Products,
Construction and Demolition Waste generated
within Moradabad Municipal Corporation limits on
PPP basis for 15 years on Design, Build, Finance,
Operate and Transfer (“DBFOT”) basis

RFP Ref. No. 922A/MSCL/2021

JULY, 2021
(National Competitive Bidding)

ISSUED BY:
THE CHIEF EXECUTIVE OFFICER,
MORADABAD SMART CITY LIMITED,
Moradabad Smart City, Type- D/A-3, Eleven Orchid,
Near Circuit House, Moradabad. – 244001
0591-2971001
 RFP: C&D Waste

DISCLAIMER
The information contained in this Request for Proposal document (the “RFP”)/ Bid Document or
subsequently provided to Bidder(s), whether verbally or in documentary or any other form, by
Moradabad Smart City Limited (the “MSCL”) including their employees or advisors, is provided to
Bidder(s) on the terms and conditions set out in this RFP and such other terms and conditions subject
to which such information is provided.

This RFP is not an agreement and neither an offer nor invitation by MSCL to the prospective Bidders
or any other person. The purpose of this RFP is to provide interested parties with information that may
be useful to them in making their offers (the “Bids”) pursuant to this RFP. This RFP includes statements,
which reflect various assumptions and assessments arrived at by MSCL in relation to the Project. Such
assumptions, assessments and statements do not purport to contain all the information that each Bidder
may require. This RFP may not be appropriate for all persons, and it is not possible for the MSCL
including their employees or advisors to consider the investment objectives, financial situation and
particular needs of each party who reads or uses this RFP. The assumptions, assessments, statements
and information contained in the Bidding Documents and associated documents, may not be complete,
accurate, adequate or correct. Each Bidder should therefore, conduct its own investigations and
analysis and should check the accuracy, adequacy, correctness, reliability and completeness of the
assumptions, assessments, statements and information contained in this RFP and obtain independent
advice from appropriate sources.

Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of which may
depend upon interpretation of law. The information given is not intended to be an exhaustive account
of statutory requirements and should not be regarded as a complete or authoritative statement of law.
MSCL accepts no responsibility for the accuracy or otherwise for any interpretation or opinion on law
expressed herein.

MSCL including their employees and advisors make no representation or warranty and shall have no
liability to any person, including any Bidder, under any law, statute, rules or regulations or tort, principles
of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which may arise
from or be incurred or suffered on account of anything contained in this RFP or otherwise, including the
accuracy, adequacy, correctness, completeness or reliability of the RFP and any assessment,
assumption, statement or information contained therein or deemed to form part of this RFP or arising
in any way for participation in the Bidding Process.

MSCL also accepts no liability of any nature whether resulting from negligence or otherwise howsoever
caused arising from reliance of any Bidder upon the statements contained in this RFP.

Authority may, in its absolute discretion but without being under any obligation to do so, update, amend
or supplement the information, assessment or assumptions contained in this RFP.

The issue of this RFP does not imply that the MSCL is bound to select a Bidder or to appoint the
Selected Bidder or Bidders, as the case may be, for the Project and MSCL reserves the right to reject
all or any of the Bidders or Bids without assigning any reasons whatsoever.

The Bidder shall bear all its costs associated with or relating to the preparation and submission of its
Bid including but not limited to preparation, copying, postage, delivery fees, expenses associated with
any demonstrations or presentations which may be required by MSCL or any other costs incurred in
connection with or relating to its Bid. All such costs and expenses will remain with the Bidder and MSCL
shall not be liable in any manner whatsoever for the same or for any other costs or other expenses

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 RFP: C&D Waste

incurred by a Bidder in preparation or submission of the Bid, regardless of the conduct or outcome of
the Bidding Process.

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 RFP: C&D Waste

Contents
SECTION-I NOTICE INVITING TENDER ................................................................................. 5
SECTION 2: INSTRUCTIONS TO BIDDERS............................................................................. 7
1. INTRODUCTION .................................................................................... 7
1.1 Background .......................................................................................... 7
1.2 Brief description of bidding Process ......................................................... 7
1.3 INSTRUCTION FOR ONLINE BID SUBMISSION .......................................... 8
2. INSTRUCTIONS TO APPLICANTS ........................................................... 10
A. GENERAL ........................................................................................................ 10
2.1 Scope of Tender ................................................................................. 10
2.2 Eligibility of Applicants ......................................................................... 14
2.3 Change in composition of the Consortium .............................................. 16
2.4 Number of Tenders and costs thereof .................................................... 16
2.5 Site visit and verification of information ................................................. 16
2.6 Acknowledgement by Applicant............................................................. 17
2.7 Right to accept or reject any or all Bids ................................................. 17
B. DOCUMENTS ................................................................................................... 18
2.8 Contents of the Tender ........................................................................ 18
2.9 Clarifications ...................................................................................... 18
2.10 Amendment of Tender ......................................................................... 18
C. PREPARATION AND SUBMISSION OF TENDER ..................................................... 18
2.11 Language ........................................................................................... 18
2.12 Format and signing of Tender ............................................................... 19
2.13 Tender Due Date ................................................................................ 19
2.14 Late Tenders ...................................................................................... 19
2.15 Modifications/ substitution/ withdrawal of Tenders .................................. 19
D. EVALUATION PROCESS .................................................................................... 19
2.16 Opening and Evaluation of Tenders ....................................................... 19
2.17 Confidentiality .................................................................................... 19
2.18 Tests of responsiveness ....................................................................... 20
2.19 Clarifications ...................................................................................... 20
E. QUALIFICATION AND BIDDING .......................................................................... 20
2.20 Short-listing ....................................................................................... 20
2.21 Submission of Bids .............................................................................. 20
2.22 Proprietary data .................................................................................. 20
2.23 Correspondence with the Applicant ....................................................... 21
3. CRITERIA FOR EVALUATION ................................................................. 21
3.1 Evaluation parameters ......................................................................... 21
3.2 Technical Capacity for purposes of evaluation ......................................... 21
3.4 Financial information for purposes of evaluation ..................................... 21
3.5 Pre-Bid Conference ............................................................................. 22
3.6 Short-listing of Applicants .................................................................... 22
4. FRAUD AND CORRUPT PRACTICES ........................................................ 22
5. MISCELLANEOUS ................................................................................ 23
6. Need and Aim of the Project:................................................................ 24
APPENDIX – I ...................................................................................................... 25
ANNEX – I 25
A. General Information about the Agency .................................................. 25
B. Information about the project proposal: ................................................ 26
ANNEX-II 28
APPENDIX II ....................................................................................................... 31
Power of Attorney for signing of Tender and Bid ...................................................... 31
APPENDIX III ...................................................................................................... 32
Power of Attorney for Lead Member of Consortium .................................................. 32
APPENDIX IV....................................................................................................... 40
Joint Bidding Agreement ....................................................................................... 40
APPENDIX-V ....................................................................................................... 43

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APPROACH AND METHODOLOGY ........................................................................... 43

APPENDIX-VI ...................................................................................................... 44
BID SECURITY DECLARATION ............................................................................... 44
APPENDIX-VII ..................................................................................................... 45
PRICE BID 45
APPENDIX-VIII .................................................................................................... 47
FORMAT FOR SENDING TENDER QUERIES .............................................................. 47
APPENDIX-IX ...................................................................................................... 48
FORMAT FOR BANK GURANTEE ............................................................................. 48
GENERAL CONDITION OF THE CONTRACT (GCC) ..................................................... 50
ARTICLE 1 - DEFINITIONS AND INTERPRETATION ................................................... 50
1.2 Interpretation ................................................................................................ 55
1.3 Measurements and arithmetic conventions ........................................................ 56
1.4 Priority of Agreements, clauses and schedules ................................................... 56
ARTICLE 2 - THE CONCESSION ............................................................................. 58
TENTATIVE LAYOUT PLAN ..................................................................................... 63
ARTICLE 3 - PROJECT SITE ................................................................................... 64
3.1 Vesting of Site ............................................................................................... 64
3.2 Rights, Title and Use of the Site ....................................................................... 64
3.3 Peaceful Possession ........................................................................................ 64
3.4 Applicable Approvals ...................................................................................... 65
3.5 Overriding powers of the Authority ................................................................... 65
ARTICLE 4 66
CONCESSIONAIRE’S OBLIGATIONS ....................................................................... 66
4.1 Performance Bank Guarantee (PBG) ................................................................. 66
4.2 Financing Support .......................................................................................... 66
4.3 Project Planning and Approvals ........................................................................ 66
4.4 Applicable Permits and Applicable Laws............................................................. 67
4.5 Liability 67
4.6 Processing Facilities Site /Project Sites ............................................................. 68
4.7 Personnel and Labour ..................................................................................... 68
4.8 Safety and Accidents ...................................................................................... 69
4.9 Taxes 69
4.10 Others 69
ARTICLE 5 70
CONCESSIONING AUTHORITY’S OBLIGATIONS ....................................................... 70
5.1. Obligations ................................................................................................... 70
ARTICLE 6 71
FORCE MAJEURE ................................................................................................. 71
ARTICLE 7 76
EVENTS OF DEFAULT AND TERMINATION ............................................................... 76
7.1. Events of Default .......................................................................................... 76
ARTICLE 8 80
DISPUTE RESOLUTION ......................................................................................... 80
8.1. Amicable Resolution ...................................................................................... 80
ARTICLE 9 81
INTELLECTUAL PROPERTY AND CONFIDENTIALITY ................................................... 81
9.1. Proprietary Material ....................................................................................... 81
Special Conditions of Contract:.............................................................................. 83

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Moradabad Smart City Limited,

MORADABAD SMART CITY LIMITED Water Works Compound,
Pili Kothi, Civil Lines, Moradabad-
244001. 0591-2971001

SECTION-I NOTICE INVITING TENDER

No.: 922A/MSCL/2021 Date:29/07/2021

The Chief Executive Officer (CEO), Moradabad Smart City Limited (MSCL) invites e-tenders for the
following work:

Tender Fee Non-

#. Name of the Project Refundable (Rs.)
(including GST)
Establishment and Operation of minimum 110 TPD Capacity Facility 11,800/-
to Collect, Transport, Process and Utilize in Products, Construction
1 and Demolition Waste generated within Moradabad Municipal
Corporation limits on PPP basis for 15 years on Design, Build,
Finance, Operate and Transfer (“DBFOT”) basis
Important Dates
Tender Download Start Date: 30/07/2021 16:00 Hrs.
Time and date for online bid submission: 20/07/2021 till 16:00 Hrs.
Time and date for opening of bid: 20/08/2021 till 17:00 Hrs.
Pre Bid Meeting Date and Location: 10/08/2021 till 12:00 Hrs. at Moradabad Smart City Limited, A-3,
Ground Floor, Eleven Orchid, Near Circuit House, Delhi Road, Moradabad (U.P.) 244001.

1. Tender documents will be available and can be downloaded from the e-procurement website
www.etender.up.nic.in.
2. Bidders are requested to submit their tender fee via RTGS or NEFT or in the form of FDR /Demand Draft/
Small Saving Instruments from any scheduled Nationalized Bank in favour of “Municipal Commissioner/Chief
Executive Officer, Moradabad Smart City Limited," payable at Moradabad, valid for a period of 180 days
from the date of Tender opening and shall be delivered physically to Smart City Office, Peeli Kothi,
Moradabad on or before Bid submission end date.
3. EMD in the form of Self Declaration would be submitted as specified in the Tender document.
4. The last date of Pre Bid Queries submission is 06/08/2021 till 14:00 Hrs through E-Mail on email id
moradabadsmartcitylimited@gmail.com
5. The response to the Tender Queries would be published as corrigendum, addendum or Clarifications on the
e-procurement website www.etender.up.nic.in only.
6. Corrigendum, Addendum and Clarifications if any would be issued on eProcurement portal i.e.
etender.up.nic.in. The bidders should check the same periodically for updates.
7. If any date specified herein is a holiday, then the next working day would be considered for the activity and
the tome will remain the same.
8. Other details can be seen in the RFP Document.

Chief Executive Officer,

Moradabad Smart City Limited,
Moradabad
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 RFP: C&D Waste

INSTRUCTION TO BIDDER
(ITB)

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 RFP: C&D Waste

SECTION 2: INSTRUCTIONS TO BIDDERS

1. INTRODUCTION
1.1 Background
1.1.1 The Moradabad Smart City Limited (the “Authority”) is engaged in execution of Smart
City Mission and as part of this endeavor, the Authority has decided to undertake Establishment
and Operation of minimum 110 TPD Capacity Facility to Collect, Transport, Process and Utilize in
Products, Construction and Demolition Waste generated within Moradabad Municipal Corporation
limits on PPP basis for 15 years on Design, Build, Finance, Operate and Transfer (“DBFOT”) basis,
and has, therefore, decided to carry out the bidding process for selection of a private entity as
the bidder to whom the Project may be awarded.

1.1.2 The selected Bidder shall be responsible for designing, engineering, financing,
procurement, construction, collection, transportation, operation and maintenance of the
Construction and Demolition Waste Project under and in accordance with the provisions of a 15
years (6 Months (Plant Establishment)+ 14 Years and 6 Months (Collection, Transportation,
Operation and Maintenance))long - term concession agreement (the “Concession
Agreement”) to be entered into between the Concessionaire and the Authority in the form
provided by the Authority as part of the Bidding Documents pursuant hereto.

1.1.3 The scope of work will broadly include Establishment and Operation of facility to Utilize
Construction and Demolition waste generated within Moradabad Municipal Corporation limits of
minimum 110 TPD capacities including collection and transportation on PPP basis for 15 Years
including six Months construction period.

1.1.4 The Authority shall receive Tenders pursuant to this Tender in accordance with the terms
set forth herein as modified, altered, amended and clarified from time to time by the Authority,
and all Tenders shall be prepared and submitted in accordance with such terms on or before
the date specified in this tender document for submission of proposal (the “Proposal Due
Date”).

1.2 Brief description of bidding Process

1.2.1 The Authority has adopted an online process for selection of the bidder for award of the
Project.

1.2.2 In the online bidding format Applicants would be required to furnish all the information
specified in this RFP. The Applicants are, therefore, advised to visit the site and familiarize
themselves with the Project.

1.2.3 The Bidding Documents for the Project will be uploaded on the online portal and Bidder on
payment of Rs. 11,800.00 (Rs. Eleven Thousand Eight Hundred only) can download the tender
form. The Bid shall be valid for a period of not less than 120 days from the Bid due date.

1.2.4 In terms of the RFP, a Bidder will be required to deposit, along with its Bid, a bid security
declaration as stated in Appendix VI of the RfP. The Bid shall be summarily rejected if it is not
accompanied by the Bid Security.

1.2.5 The Authority would be supporting the bidders (grants) with upto 70% after due competition
over the Grants {Estimated CAPEX- Rs.5.55 Crore including Contingency (Grants limited to a
maximum of Rs. 3.89 Cr.)} of (but not to be limited to):

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a) Capital Cost of C&D Waste Recycling Machinery and its Installation

b) Transformer 250 Kva
c) DG Set 125 Kva
d) Weigh Bridge (50 MT)
e) Electric connection(180 Kwh), Power Backup and Other Equipment Installation
f) Civil Works and Horticulture (including Guard Room, Toilet Block, Office, Weigh
Bridge Foundation, Godown, Substation, transformer and DG Set foundation,
Boundary wall with Entry Gate, Borewell & Tubewell)
g) Vehicles for Loading and Unloading the C&D Waste and Recycled Waste (Front End
Loader with Backhoe and Skit Steer Loader)

Generally, Lowest payment percentage for Grants (Capital Expenditure for Establishment of Plant
and Machinery as specified in above clause 1.2.5) from MSCL and the Highest paying Bidder
(Revenue share) to MSCL will be the successful bidder (Weightage 60% for Grants (Capital
Expenditure) and 40% for Premium (Revenue Share)).

1.2.6 During the Bid Stage, Bidders are invited to examine the Project in greater detail, and to
carry out, at their cost, such studies as may be required for submitting their respective
Bids for award of the concession including implementation of the Project.

1.2.7 As part of the Bidding Documents, the Authority will provide a draft Concession Agreement
prepared by the Authority and other information pertaining/ relevant to the Project available with
it.

1.2.8 The concession period shall be 15 years including construction period of 6 months. MSCL
will provide approx 11,000 Square Meter of Land at Lakri Fazalpur area @ Re. 1per Square Meter
per year lease rent for setting up of this plant.

1.2.9 In this RFP, the term “Highest Bidder” shall mean the Bidder who is offering Lowest asking
percentage for Grants (Capital Expenditure for Establishment of Plant and Machinery) from MSCL
and the Highest paying Bidder (Revenue share) to MSCL will be the successful bidder (Weightage
60% for Capital Expenditure and 40% for Revenue Share). The calculation has been elaborated
in Appendix VII PRICE BID.

1.2.10 Further and other details of the process to be followed during the tender process and the
terms thereof is spelt out in the Bidding Documents.

1.2.11 Any queries or request for additional information concerning this RFP shall be submitted
in writing by e-mail (id: moaradabadsmartcitylimited@gmail.com) to the Nodal officer. The
communications shall clearly bear the following identification/ title and should be as per the
Appendix VIII:

Queries/ Request for Additional Information: “Establishment and Operation of minimum

110 TPD Capacity Facility to Collect, Transport, Process and Utilize in Products, Construction and
Demolition Waste generated within Moradabad Municipal Corporation limits on PPP basis for 15
years on Design, Build, Finance, Operate and Transfer (“DBFOT”) basis”.

1.3 INSTRUCTION FOR ONLINE BID SUBMISSION

Instructions to the Bidders to submit the bids online through the Public Procurement Portal for e
Procurement at https://etender.up.nic.in

1. Instructions to the Bidders to submit the bids online through the Public Procurement Portal
for e Procurement at https://www.etender.up.nic.in

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2. Possession of valid Digital Signature Certificate (DSC) and enrolment/registration of the

contractors/bidders on the e-Procurement/e-tender portal are prerequisite for e-tendering.
3. Bidder should register for the enrolment in the e-Procurement site using the “Online Bidder
Enrolment” option available on the home page. Portal enrolment is generally free of charge.
4. During enrolment/registration, the bidders should provide only valid and true information
including valid email id. All the correspondence shall be made directly with the
contractors/bidders through email id as registered.
5. Bidder need to login to the site through their user ID/ password chosen during
enrolment/registration.
6. Then the Digital Signature Certificate (Class II or Class III Certificates with signing key
usage) issued by SIFY/TCS/nCode/eMudra or any other Certifying Authority recognized by
Controller of Certifying Authorities (CCA) India on eToken/Smart Card, should be
registered.
7. The registered DSC only should be used by the bidder in the transactions and should ensure
safety of the same.
8. Contractor/Bidder may go through the tenders published on the site and download the
tender documents/schedules for the tenders.
9. After downloading/getting the tender document/schedules, the Bidder should go through
them carefully and then submit the documents as required, otherwise bid will be rejected.
10. Bidder should take into account the corrigendum, if any published before submitting the
bids online.
11. Bidder may log in to the site through the secured login by the user id/password chosen
during enrolment/registration and then by submitting the password of the e-
Token/Smartcard to access DSC.
12. Bidder may select the tender in which he/she is interested in by using the search option
and then move it to the ‘my tenders’ folder. From my tender folder, he may select the
tender to view all the details uploaded there.
13. It shall be deemed that the bidder has read and understood all the terms and conditions
before submitting the offer. Bidder should go through the tender schedules carefully and
upload the documents as asked; otherwise, the incomplete bid shall stand rejected.
14. Bidder should get ready the bid documents to be submitted as indicated in the tender
document/schedule in advance and ordinarily it shall be in PDF/xls/rar/jpg/dwf formats.
15. If there is more than one document, all may be clubbed together and provided in the
requested format.
16. Bid documents may be scanned with 100 dpi with black and white option.
17. It is advisable that each document to be uploaded through online for the tenders should be
less than 2 MB. If any document is more than 2MB, it can be reduced through .zip/.rar and
the same, if permitted may be uploaded. The file size being less than 1 MB the transaction
uploading time will be very fast.
18. The Bidders can update well in advance, the documents such as certificates, annual report
details etc., under “My Space option” and these can be selected as per tender requirements
and then send along with bid documents during bid submission. This will facilitate the bid
submission process faster by reducing upload time of bids.
19. Bidder should submit the Tender Fee/ EMD as specified in the tender. The hard copy should
be posted/couriered/given in person to the Tender Inviting Authority, within bid submission
due date and time as indicated in the tender. Scanned copy of the instrument should be
uploaded as part of the offer.

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20. While submitting the bids online, the bidder shall read the terms and conditions and may
accept the same to proceed further to submit the bid packets.
21. The bidder has to select the payment option as offline to pay the Tender FEE/ EMD as
applicable and enter details of the instruments.
22. The details of the DD/any other accepted instrument, physically delivered, should tally with
the details available in the scanned copy and the data entered during bid submission time,
otherwise submitted bid shall not be acceptable or liable for rejection.
23. The bidder has to digitally sign and upload the required bid documents one by one as
indicated.
24. The very act of using DSC for downloading the bids and uploading their offers shall be
deemed to be a confirmation that they have duly read, understood and agreed with all
clauses of the bid document including General Conditions of Contract (GCC) without any
exception.
25. The bidder has to upload the relevant files required as indicated in the cover content. In
case of any irrelevant files, the bid may be rejected.
26. If the price bid format is provided in a spread sheet file like BoQ_XXXX.xls, the rates offered
should be entered in the allotted space only and uploaded after filling the relevant columns.
The Priced-bid/BOQ template shall not be modified/replaced by the bidder; else the bid
submitted is liable to be rejected for the tender.
27. The bidders are advised to submit the bids through online e-tendering system to the Tender
Inviting Authority well before the bid submission due date and time (as per Server System
Clock). The Authority shall not be held responsible for any delay or the difficulties faced
during the submission of bids online by the bidders.
28. After the bid submission (i.e. after Clicking “Freeze Bid Submission” in the portal), the
acknowledgement number indicated by the system should be printed by the bidder and
kept as a record of evidence for online submission of bid for the particular tender and also
be used as entry pass to participate in the bid opening.

2. INSTRUCTIONS TO APPLICANTS
A. GENERAL
2.1 Scope of Tender
2.1.1 A. Online tenders are invited from experienced bidders to undertake “Establishment
and Operation of minimum 110 TPD Capacity Facility to Collect, Transport, Process and
Utilize in Products, Construction and Demolition Waste generated within Moradabad
Municipal Corporation limits on PPP basis for 15 years on Design, Build, Finance,
Operate and Transfer (“DBFOT”) basis” and will be received online on the website
http://www.etender.up.nic.in and the tenders would be made available on the above
website as per time schedule (key dates).

B. Objective of the project is as follows:

(a) 100% removal of C&D Waste from the Moradabad Municipal Corporation area;

(b) Maximize the processing of C&D Material(s);

(c) Minimize C&D waste that requires landfill disposal;

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(d) Properly manage C&D wastes that of construction activities by Residents or

generated in civil works of Moradabad Municipal Corporation or of UPPWD or Line
Departments in the area,

(e) Reduce the Air pollution or minimize spreading of dust/ finer particles in the
environments along with minimization of noise and any possible water pollution;

(f) Reduction in total costs of C&D Waste management.

2.1.2 Collection of C&D waste:

The Successful Applicant will collect all C&D waste from bulk generators/generators using suitable
equipment (auto lifters, hook loaders, loaders or closed tippers etc.). C&D collection points shall
be decided by MSCL. Scheduled/On Demand Collection system shall be implemented via a 24 x
7 helpline number. Concessionaire must take responsibility to advertise the toll free helpline
number in print (leaflets, newspapers) and electronic media (local cable networks, internet).
Quite often small quantities of waste are disposed of in narrow lanes, which cannot be removed
by sending out the usual transport vehicles. Loading rickshaws or traditional carts or animal
driven carts may be used for manual removal of such waste. The concessionaire might be faced
with circumstances when he is unable to remove waste from designated collection points due to
breakdown of machinery or manpower. In such cases, attempts should be made to provide proper
screen/view cutter so that the waste does not get scattered and does not become an eyesore.

2.1.3 Transportation of C&D Waste:

The Successful Applicant shall be responsible for transportation of C&D waste to the processing
facility in accordance to the construction and demolition waste management rules 2016. The
Successful Applicant shall be responsible for procuring adequate number of vehicles for C&D
Waste transportation to C&D Processing Facility. To monitor and ensure the distance and location
to be covered, a GPS facility shall be installed in vehicles.

Site Development: The broad scope of works to be carried out by the Successful Applicant under
this category includes the following components, but is not limited to:

a. Undertaking necessary geotechnical survey to assess the hydrological and flooding potential
of the site;

b. Construction of C&D Waste Processing Plant of required capacity.

c. Installing a digital weigh bridge at the entry (gate) to the Processing Facility for weighing the
tonnage of C&D waste that is received by each vehicle

d. In addition to this, infrastructure such as office building, internal roads, public utilities, Guard
room, Data room, go-down, fencing wall/ internal boundary (ies) to restrict the entry to specific
areas of site to the authorized persons only.

e. The Concessionaire shall also be responsible for setting up of Research & Development (R&D)
Centre at the land allocated for setting up the C&D Waste Processing Facility

f. Providing furniture and fixtures, lighting arrangement inside the C&D waste processing facility
as well as outside, in the premises.

g. Providing drainage system and cables, wiring with necessary electrical fixtures as necessary.

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h. MSCL shall facilitate all forms of support to the Concessionaire for obtaining
certification/statutory clearances required for accessing water, electricity and telephone
connection.

i. The Concessionaire will have to set up a mechanized workshop facility at space provided by
MSCL for parking, repair and maintaining the vehicles and equipment at the Processing
Facility/other location.

2.1.4 Processing of C&D Waste:

The Concessionaire will be expected to use a combination of (mechanical processes) technologies

/ systems that includes crushing, screening, and separation in order to maximize C&D Waste
processing and ensure not more than 20% goes into the landfill site(s) .The Successful Applicant
will be required to examine the quality and quantity of C&D Waste generated in the Moradabad
Municipal Corporation area for arriving at the technology selection. The entire C&D Waste
processing and management system should be compliant with C&D waste management rules
2016 or the applicable rules of the land and guidelines. The Concessionaire shall use any suitable
technology for processing of C&D waste to minimize nuisance due to excessive dust generated
during processing activity in accordance to the provision of the C&D waste management rules
and air pollution rules.

2.1.5 Dust control Plan:

Suitable measures shall be taken by the Concessionaire to control and manage the dust
generated during processing of C&D Waste and ensure that dust generation is minimal even
during the dry seasons. The dust control plan should be in consideration of the UPPCB, CPCB and
NGT rules and orders governing the same else penalty as Government regulations will be applied.
Further the Concessionaire shall be responsible to maximize recycle and reuse of finished
products and material derived from the processing of C&D Waste.

2.1.6 Operation and Maintenance of C&D Waste Processing Facility and infrastructure:

The Successful Applicant shall set up a control room at the treatment facility, prominently
mentioning the web site/help line telephone number ( Land lines numbers, in control room) along
with voice recorder facility to receive the complaint from General Public (to take care of noise
pollution, or illegal dumping of C&D waste etc.). The concessionaire shall ensure that the
complaint in respect of services shall be attended within 48 hours. The Control Room Shall work
on all days i.e. 365 or 366 days of the year; from 6.00 AM to 10.00 PM.

The Concessionaire shall be responsible for operation and maintenance of tipper trucks,
mechanical lifting arrangement to transfer the waste from bin into tipper truck, required C&D
waste processing infrastructure including treatment units [crushers and separators] etc., parking
facilities, container locations, weighbridge, hook loaders. The Successful Applicant shall transfer
immovable infrastructure, machineries, equipment and vehicles etc. to MSCL (free of cost) in
perfect working condition, at the time of expiry of concession period or termination of contract,
whichever is earlier.

2.1.7 Storage of C&D Waste residues and recycled products:

The C&D Waste Processing Facility built at existing sanitary landfill site which is available with
ULB by the Concessionaire must earmark separate space for storage of C&D Waste residues or
aggregates obtained after processing for one month generation and while recycled products shall
be stored for two/three – month generation. The Concessionaire shall dispose off maximum 20%

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of the rejects/ultimate residue to the landfill site. The Concessionaire will be responsible for
disposal of the rest of the components of the rejected material.

2.1.8 Awareness:

The Successful Applicant shall undertake a mass awareness programme, in Moradabad Municipal
Corporation area to ensure that C&D waste being generated in his/her concession area is not
being disposed off at existing C&D waste dump site(s). New builders seeking building permits
will be asked to register with the concessionaire, so that the C&D waste being generated in their
premises can be collected from source, only. The concessionaire shall create awareness regarding
the significance of handling the C&D waste and its proper disposal and the location of designated
collection points. For facilitation a help line number shall be provided so that “on demand” lifting
can be arranged. The message shall be conveyed through various platform like resident welfare
association (RWA’s), civil society groups etc.

The bulk waste generators like builders, Government Departments like PWD and
MSCL/MNN/Awas Vikas etc officials shall be directly contacted. The residents shall be encouraged
to immediately inform about unauthorized dumping of C&D waste on helpline number. The
Concessionaire must allocate a specific budget for creating awareness for the project. Intensive
awareness campaigns especially in the initial 1 year shall be organized.

The successful applicant will make all arrangement for water electricity, UPPCB clearance consent
to operate etc. at its own cost

2.1.9 Plant Machinery Minimum Specifications:

Description Capacity /Size

Hopper Capacity 10 Tons

Magnetic Separator 01 Nos.
Horizontal Vibrating Screen 12’ x 4’ fitted with suitable Motors
Primary Jaw Crusher 24” X 15” Fitted
With 30kw (40 Hp) Motor And Suitable V-Belts
Electricals With Armoured Cables For Crusher & Horizontal Screen Suitable For Primary
Station
Plain Feeder Model 0.57kw Vibrating Motor
Magnetic Separator 01 Nos
Secondary Impact Crusher Fitted With (56kw) 75 Hp
Motor, V-Belt, 5 Groove, D-Section Pulley And
Suitable V-Belts
Body Heavy Duty Skid For 01 Nos.
Secondary Station with Stands For
Crusher & Feeder With Main
Platform.
Electricals With Armoured Cables For Crusher & Feeder Suitable For Secondary Station
Vibrating Screen 10’x4’x3’ Decks Fitted With Suitable Spring Steel
Wire Meshes
Heavy Duty Skid With Maintenance Access Platform, Step Ladders, Hand Railings, V-Belts,
Motor Pulleys, Top & Bottom Chutes Etc. For Screen. Electricals With Armoured Cables For
Vibrating Screen.
Horizontal Conveyor 500mm X 15 Mtr
Conveyor 500 mm X 15 Mtr
Radial Conveyor 500mm X 15mtr
Main Conveyor 500 mmx21 Mtr Ground Duct to Impactor

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Description Capacity /Size

Conveyor 500 mm X18 Mtr Impactor to Vibrating Screen

Recycle Conveyor 500mmx21 Mtr
Stock Pile 500mm X 15 Mtr
Electric Control Panel With, Starters, Cables, Push Buttons, Led Display, Indicator Lamps etc.
suitable for the entire Crushing & Screening Plant
Feeding Size -250 mm
Capacity 20-25 TPH
Bulk Density 1.6-1.8 ton/cum
Impact Work Index 20
Moisture 0.5% by weight
Recycling Products 0-6mm, 06-10mm, 10-20mm
Power Required for plant Machinery 152 Kw (204 HP)

2.2 Eligibility of Applicants

2.2.1 For determining the eligibility of Applicants for their qualification hereunder, the following
shall apply:

(a) The Applicant for qualification may be a single entity or a group of entities (the
“Consortium”), coming together to implement the Project. However, no applicant applying
individually or as a member of a Consortium, as the case may be, can be member of another
Applicant. The term Applicant used herein would apply to both single entity and consortium.

(b) An Applicant may be a natural person, private entity, government- owned entity or any
combination of them with a formal intent to enter into an agreement or under an existing
agreement to form a Consortium. The Bidder or Lead Member of the consortium should be in
existence for at least 3 years. Consortium of maximum of 2 (1 (Lead Bidder)+1(Consortium
Partner)) is permitted.

(c)Members of the Consortium shall nominate one member as the lead member. The
nomination(s) shall be supported by a Joint Bidding Agreement, signed by all the other members
of the Consortium.

An Applicant shall not have a conflict of interest (the “Conflict of Interest”) that affects the
Bidding Process. Any Applicant found to have a Conflict of Interest shall be disqualified. An
Applicant shall be deemed to have a Conflict of Interest affecting the Bidding Process, if:

(i) The Applicant, it’s Member or Associate (or any constituent thereof) and any other Applicant,
its Member or any Associate thereof (or any constituent thereof) have common controlling
shareholders or other ownership interest.

(ii) A constituent of such Applicant is also a constituent of another Applicant

(iii) Such Applicant, or any Associate thereof receives or has received any direct or indirect
subsidy, grant, concessional loan or subordinated debt from any other Applicant, or any Associate
thereof or has provided any such subsidy, grant, concessional loan or subordinated debt to
any other Applicant, its Member or any Associate thereof; or

(iv) Such Applicant has the same legal representative for purposes of this RFP any other
Applicant; or

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(v) Such Applicant, or any Associate thereof has a relationship with another Applicant, or any
Associate thereof, directly or through common third party/ parties, that puts either or both of
them in a position to have access to each other’s information about, or to influence the Tender
of either or each other; or

(vi) Such Applicant, or any Associate thereof has participated as a consultant to the Authority in
the preparation of any documents, design or technical specifications of the Project.

Explanation: In case an Applicant is a Consortium, then the term Applicant as used in this Clause
2.2.1, shall include each Member of such Consortium.

2.2.2 To be eligible for qualification, an Applicant shall fulfill the following conditions of
eligibility:

(A) Technical Capacity: For demonstrating technical capacity and experience (the
“Technical Capacity”), the Applicant shall, over the past 3 (three) financial years
preceding the Tender Due Date, have:

The Bidder or any member of the consortium (In case of consortium) during last 3
years should have implemented/operated nationally or internationally at least 1 (one)
Brick manufacturing/paver/blocks manufacturing plant of minimum 50 TPD capacity
from C & D waste.

and

The Bidder or any member of the consortium (In case of consortium) should have the
experience of “Collection, and transportation of C&D Waste/Municipal Solid
Waste/Landscape Waste / Hazardous Waste” of minimum 100 tons per day at least for
three years during last seven years ending the previous day of the last date of the
submission of bid.

(B) Financial Capacity: The Applicant shall have a minimum average turnover of 100
Lac in last three financial years.

For fulfilling the Financial Eligibility criteria by the Bidder, Combined turnover of Lead member of
the consortium and Associate Bidder of the consortium would be eligible in aggregate.

2.2.3 The Applicants shall enclose with its RFP, to be submitted as per the format at Appendix-
I, complete with its Annexes, the following:

(i) Certificate(s) from its statutory auditors or the concerned client(s) stating the payments
made/received or works commissioned, as the case may be, during the past 3 (three) years in
respect of the projects specified in paragraph 2.2.2 above. In case a particular job/ contract has
been jointly executed by the Applicant (as part of a consortium), it should further support its
claim for the share in work done for that particular job/ contract by producing a certificate from
its statutory auditor or the client; and

(ii) Certificate(s) from its statutory auditors specifying the net worth of the Applicant, as at the
close of the preceding financial year, and also specifying that the methodology adopted for
calculating such net worth.

2.2.4 The Applicant should submit a Power of Attorney as per the format at Appendix-II,
authorising the signatory of the Tender to submit the Application. In the case of a Consortium,
the Members should submit a Power of Attorney in favour of the Lead Member as per format at
Appendix-III.

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2.2.5 Any entity which has been barred by the Central/ State Government, or any entity
controlled by it, from participating in any project (BOT or otherwise), and the bar subsists as on
the date of Tender, would not be eligible to submit an Tender, either individually or as member
of a Consortium.

2.2.6 An Applicant including any Consortium Member or Associate should, in the last 3
(three) years, have neither failed to perform on any contract, as evidenced by imposition of a
penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration award
against the Applicant, Consortium Member or Associate, as the case may be, nor has been
expelled from any project or contract by any public entity nor have had any contract terminated
by any public entity for breach by such Applicant, Consortium Member or Associate.

2.2.7 The following conditions shall be adhered to while submitting the Tender:

(a) Applicants should attach clearly marked and referenced continuation sheets in the event that
the space provided in the prescribed forms in the Annexes is insufficient. Alternatively, Applicants
may format the prescribed forms making due provision for incorporation of the requested
information;

(b) information supplied by an Applicant (or other constituent Member if the Applicant is a
Consortium) must apply to the Applicant, Member or Associate named in the Tender and not,
unless specifically requested, to other associated companies or firms. Invitation to submit Bids
will be issued only to Applicants whose identity and/ or constitution is identical to that at pre-
qualification; and

(c) In responding to the pre-qualification submissions, Applicants should demonstrate their

capabilities in accordance with Clause 3.1 below;

2.3 Change in composition of the Consortium

2.3.1 Change in the composition of a Consortium will not be permitted by the Authority during
the bidding process.

2.4 Number of Tenders and costs thereof

2.4.1 No Applicant shall submit more than one Tender/Bid for the Project. An applicant applying
individually or as a member of a Consortium shall not be entitled to submit another Tender either
individually or as a member of any Consortium, as the case may be.

2.4.2 The Applicants shall be responsible for all of the costs associated with the preparation
of their tenders and their participation in the Bidding Process. The Authority will not be
responsible or in any way liable for such costs, regardless of the conduct or outcome of the
Bidding Process.

2.4.3 Boundary wall construction, water, electricity will be arranged by bidder only; approach
road upto the site will be constructed by MSCL by metal road only if not available.

2.4.4 Successful bidder shall submit performance security of Rs. 15.00 Lacs in the
form of BG from Nationalised / Scheduled Bank.

2.5 Site visit and verification of information

The site identified by the MSCL is at Lakri Fazalpur area. Applicants are encouraged to submit
their respective tenders after visiting the Project site and ascertaining for themselves the site
conditions, traffic, location, surroundings, climate, availability of power, water and other utilities

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for construction, access to site, handling and storage of materials, weather data, applicable laws
and regulations, and any other matter considered relevant by them.

2.6 Acknowledgement by Applicant

2.6.1 It shall be deemed that by submitting the Tender, the Applicant has:

(a) made a complete and careful examination of the Tender;

(b) received all relevant information requested from the Authority;

(c) accepted the risk of inadequacy, error or mistake in the information provided in the Tender
or furnished by or on behalf of the Authority relating to any of the matters referred to in Clause
2.5 above; and

2.6.2 The Authority shall not be liable for any omission, mistake or error in respect of any of the
above or on account of any matter or thing arising out of or concerning or relating to the Tender
or the Bidding Process, including any error or mistake therein or in any information or data given
by the Authority.

2.7 Right to accept or reject any or all Bids

2.7.1 Notwithstanding anything contained in this bid document, the Authority reserves the right
to accept or reject any bid and to annul the Bidding Process and reject all Tenders/ Bids, at any
time without any liability or any obligation for such acceptance, rejection or annulment, and
without assigning any reasons. In the event that the Authority rejects or annuls all the Bids, it
may, in its discretion, invite all eligible Bidders to submit fresh Bids hereunder.

2.7.2 The Authority reserves the right to reject any Tender and/ or Bid if:

(a) at any time, a material misrepresentation is made or uncovered, or

(b) the Applicant does not provide, within the time specified by the Authority, the supplemental
information sought by the Authority for evaluation of the bid. If the Applicant/Bidder is a
Consortium, then the entire Consortium may be disqualified/ rejected. If such
disqualification/ rejection occurs after the Bids have been opened and the Highest Bidder gets
disqualified/ rejected, then the Authority reserves the right to:

(i) invite the remaining Bidders to match the Highest Bidder/ submit their Bids in
accordance with the Tender/bid; or

(ii) take any such measure as may be deemed fit in the sole discretion of the
Authority, including annulment of the Bidding Process.

2.7.3 In case it is found during the evaluation or at any time before signing of the Concession
Agreement or after its execution and during the period of subsistence thereof, including the
concession thereby granted by the Authority, that one or more of the pre-qualification conditions
have not been met by the Applicant, or the Applicant has made material misrepresentation or
has given any materially incorrect or false information, the Applicant shall be disqualified.

2.7.4 The Authority reserves the right to verify all statements, information and documents
submitted by the Applicant in response to the Tender. Any such verification or lack of such
verification by the Authority shall not relieve the Applicant of its obligations or liabilities
hereunder nor will it affect any rights of the Authority there under.

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B. DOCUMENTS
2.8 Contents of the Tender
This Tender comprises the disclaimer set forth include any Addenda issued in hereinabove, the
contents as listed below, and will additionally accordance with Clause 2.10.
Invitation for Qualification
Section. Instructions to Applicants
Section. Criteria for Evaluation
Section. Fraud & Corrupt Practices
Section. Miscellaneous
Appendices
II. Power of Attorney for signing of Tender
III. Power of Attorney for Lead Member of Consortium
IV. Joint Bidding Agreement for Consortium
V. Approach & Methodology

2.9 Clarifications
2.9.1 Applicants requiring any clarification on the Tender may notify the Authority in writing by e-
mail. They should send in their queries before the date specified in the schedule of Bidding Process
contained in Clause 1.3. The Authority shall endeavor to respond to the queries within the period
specified therein, but no later than 10 (ten) days prior to the Tender Due Date. The responses will
be sent by e-mail. The Authority will forward all the queries and its responses thereto, to all
purchasers of the Tender without identifying the source of queries.
2.9.2 The Authority shall endeavor to respond to the questions raised or clarifications sought by
the Applicants. However, the Authority reserves the right not to respond to any question or provide
any clarification, in its sole discretion, and nothing in this Clause shall be taken or read as
compelling or requiring the Authority to respond to any question or to provide any clarification.
2.9.3 The Authority may also on its own motion, if deemed necessary, issue interpretations and
clarifications to all Applicants. All clarifications and interpretations issued by the Authority shall be
deemed to be part of the Tender. Verbal clarifications and information given by Authority or its
employees or representatives shall not in any way or manner be binding on the Authority.

2.10 Amendment of Tender

2.10.1 At any time prior to the deadline for submission of Tender, the Authority may, for any
reason, whether at its own initiative or in response to clarifications requested by an Applicant,
modify the Tender by the issuance of Corrigendum/Addenda.
2.10.2 Any Corrigendum/Addendum thus issued will be available online.
2.10.3 In order to afford the Applicants a reasonable time for taking an Addendum into account,
or for any other reason, the Authority may, in its sole discretion, extend the Tender Due Date.

C. PREPARATION AND SUBMISSION OF TENDER

2.11 Language
The tender and all related correspondence and documents in relation to the Bidding Process shall
be in English language. Supporting documents and printed literature furnished by the Applicant

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with the Bid/Tender may be in any other language provided that they are accompanied by
translations of all the pertinent passages in the English language, duly authenticated and certified
by the Applicant. Supporting materials, which are not translated into English, may not be
considered.

2.12 Format and signing of Tender

2.12.1 The Applicant shall provide all the information sought under this Bid/Tender. The Authority
will evaluate only those Tenders that are received in the required formats and complete in all
respects. Incomplete and /or conditional Tenders/Bids shall be liable to rejection.

2.13 Tender Due Date

2.13.1 Bid/Tenders should be submitted to online in identified manner till the given dates in NIT.

2.14 Late Tenders

Bid/Tenders received by the Authority after the specified time on the Tender Due Date shall not
be eligible for consideration and shall be summarily rejected.

2.15 Modifications/ substitution/ withdrawal of Tenders

2.15.1 The Applicant may not be able to modify, substitute or withdraw its Tender after submission.
No Bid/Tender shall be modified, substituted or withdrawn by the Applicant on or after the
Bid/Tender Due Date.

D. EVALUATION PROCESS
2.16 Opening and Evaluation of Tenders
2.16.1 Initially, only the Technical Proposals will be opened at the specified address, date
and time. The Technical Proposals will be evaluated by Bid Evaluation Committee (BEC) appointed
by Moradabad Smart City Limited. No amendments or changes to the Technical Proposals will be
permitted once bid get validated online. Bids with Technical Proposals, which do not conform, to
the specified requirements will be rejected as deficient Bids. The Authority shall open the Tenders
on the Bid/Tender Due Date.
2.16.2 The BEC will subsequently examine and evaluate Tenders in accordance with the provisions
set out in Bid Document.
2.16.3 Applicants are advised that pre-qualification of Applicants will be entirely at the discretion
of the Authority. Applicants will be deemed to have understood and agreed that no explanation or
justification on any aspect of the Bidding Process or selection will be given.
2.16.4 Any information contained in the Tender shall not in any way be construed as binding on
the Authority, its agents, successors or assigns, but shall be binding against the Applicant if the
Project is subsequently awarded to it on the basis of such information.
2.16.5 The BEC reserves the right not to proceed with the Bidding Process at any time without
notice or liability and to reject any or all Tender(s) without assigning any reasons.
2.16.6 If any information furnished by the Applicant is found to be incomplete, or contained in
formats other than those specified herein, the BEC may, in its sole discretion, exclude the relevant
project from computation of the Experience Score of the Applicant.

2.17 Confidentiality
Information relating to the examination, clarification, evaluation, and recommendation for the
short-listed pre-qualified Applicants shall not be disclosed to any person who is not officially
concerned with the process or is not a retained professional advisor advising the Authority in
relation to or matters arising out of, or concerning the Bidding Process. The Authority will treat all
information, submitted as part of Tender, in confidence and will require all those who have access
to such material to treat the same in confidence. The Authority may not divulge any such

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information unless it is directed to do so by any statutory entity that has the power under law to
require its disclosure or is to enforce or assert any right or privilege of the statutory entity and/ or
the Authority or as may be required by law or in connection with any legal process.
Any attempt by a Bidder to influence MSCL in the examination, evaluation, comparison, and post
qualification of the Bids or Contract award decisions may result in the rejection of its Bid.

2.18 Tests of responsiveness

2.18.1 Prior to evaluation of Tenders, the Authority shall determine whether each Tender is
responsive to the requirements of the Tender. Tender shall be considered responsive only if:
a. It is received as per format at Appendix-I;
b. It is received by the Tender Due Date including any extension thereof;
c. It is signed and marked;
d. It is accompanied by the Power of Attorney as per format given;
e. It contains all the information and documents (complete in all respects);
f. It contains information in formats same as those specified in this Tender;
g. It contains certificates from its statutory auditors in the formats specified;
h. It does not contain any condition or qualification; and
i. It is not non-responsive in terms hereof.

2.18.2 The Authority reserves the right to reject any Tender which is non- responsive and no
request for alteration, modification, substitution or withdrawal shall be entertained by the Authority
in respect of such Tender.

2.19 Clarifications
In case duly certified audited annual financial statements containing the requisite details are
provided, a separate certification by statutory auditors would not be necessary in respect of Clause
2.18.1 (g). In jurisdictions that do not have statutory auditors, the firm of auditors which audits
the annual accounts of the Applicant may provide the certificates required under this Tender.
2.19.1 To facilitate evaluation of Tenders, the Authority may, at its sole discretion, seek
clarifications from any Applicant regarding its Tender. Such clarification(s) shall be provided within
the time specified by the Authority for this purpose. Any request for clarification(s) and all
clarification(s) in response thereto shall be in writing.
2.19.2 If an Applicant does not provide clarifications sought under Clause 2.19.1 above within the
prescribed time, its Tender shall be liable to be rejected. In case the Tender is not rejected, the
Authority may proceed to evaluate the Tender by construing the particulars requiring clarification
to the best of its understanding, and the Applicant shall be barred from subsequently questioning
such interpretation of the Authority.

E. QUALIFICATION AND BIDDING

2.20 Short-listing
After the evaluation of Tenders, the Authority would short-list qualified Applicants (Bidders) who
will be eligible for opening of Price bid. The Authority will not entertain any query or clarification
from Applicants who fail to qualify.

2.21 Submission of Bids

The Applicants are advised to visit the site and familiarize themselves with the Project by the time
of submission of the Tender/Bid. No extension of time is likely to be considered for submission
of Bids pursuant to invitation that may be issued by the Authority.

2.22 Proprietary data

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All documents and other information supplied by the Authority or submitted by an Applicant to the
Authority shall remain or become the property of the Authority.
Applicants are to treat all information as strictly confidential and shall not use it for any purpose
other than for preparation and submission of their Tender/Bid. The Authority will not return any
Tender or any information provided along therewith.

2.23 Correspondence with the Applicant

Save and except as provided in this Tender, the Authority shall not entertain any
correspondence with any Applicant in relation to the acceptance or rejection of any Tender/Bid.

3. CRITERIA FOR EVALUATION

3.1 Evaluation parameters
3.1.1 Only those Applicants who meet the eligibility criteria specified in Clauses 2.2.2 and 2.2.3
above shall qualify for evaluation under this Section 3. Tenders of firms/ consortium who do
not meet these criteria shall be rejected.
3.1.2 The Applicant’s competence and capability is proposed to be established by the following
parameters:
(a) Technical Capacity; and
(b) Financial Capacity

3.2 Technical Capacity for purposes of evaluation

3.2.1 Subject to the provisions of Clause 2.2, the following categories of experience would qualify
as Technical Capacity and eligible experience (the "Eligible Experience") in relation to eligible
projects as specified in Clause 3.3.

3.3 (A) The Bidder or any member of the consortium (In case of consortium) during
last 3 years should have implemented/operated nationally or internationally at least 1
(one) Brick manufacturing/paver/blocks manufacturing plant of minimum 50 TPD
capacity from C & D waste.

and

The Bidder or any member of the consortium (In case of consortium) should have the
experience of “Collection, and transportation of C&D Waste/Municipal Solid
Waste/Landscape Waste / Hazardous Waste” of minimum 100 tons per day at least for
three years during last seven years ending the previous day of the last date of the
submission of bid.

3.3 (B) Financial Capacity: The Applicant shall have a minimum average turnover of Rs. 100
Lacs in last three financial years and should have positive Net Worth.

3.4 Financial information for purposes of evaluation

3.4.1 The Tender must be accompanied by the Audited Annual Reports of the Applicant (of each
Member in case of a Consortium) for the last 3 (three) financial years, preceding the year in which
the Tender is made.
3.4.2 In case the annual accounts for the latest financial year are not audited and therefore the
Applicant cannot make it available, the Applicant shall give an undertaking to this effect and the
statutory auditor shall certify the same. In such a case, the Applicant shall provide the Audited
Annual Reports for 3 (three) years preceding the year for which the Audited Annual Report is not
being provided.

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3.4.3 The Applicant must establish the minimum financial capacity as specified in Clause 2.2.2
(B), and provide details as per format.

3.5 Pre-Bid Conference

a) A pre-bid meeting is scheduled to be held on the date & time specified in the Data Sheet
at the venue specified in the NIT.
b) The Bidder or his authorized representative is invited to attend a Pre-Bid Meeting, which
shall take place at the office of MSCL.
c) The Pre Bid Queries are to be send as per Appendix VIII
d) The purpose of the Pre-Bid Meeting will be to clarify and discuss issues with respect to the
Project, the RFP document or any other related issues.
e) It is advisable to attend the Pre-Bid Meeting. Subsequent to the date of the Pre-Bid Meeting,
MSCL may not respond to questions or inquiries from any Bidder after the Pre-Bid Meeting
on any pretext whatsoever.

3.6 Short-listing of Applicants

3.6.1 BEC shall examine the Technical Proposal to confirm that all documents and technical
documentation requested have been provided, and to determine the completeness of each
document submitted.
3.6.2 Provided that a Technical Proposal is substantially responsive, MSCL may request that the
Bidder submit the necessary information or documentation, within a reasonable period of time, to
rectify nonmaterial, nonconformities or omissions in the Technical Proposal related to
documentation requirements. Such omission shall not be related to any aspect of the Price Proposal
of the Bid. Failure of the Bidder to comply with the request may result in the rejection of its Bid.
3.6.3 If the bidder has satisfied the qualification criteria he would be eligible for opening of his
price bid online which will be evaluated as per following:
Grants Quoted by the Bidders : F
Lowest Grant Quoted by the Bidders: Fmin.
Score Weight allocated for Grants: 60
Score per Bidder (Gs): Fmin/F x 60
Premium Quoted by the Bidder: P
Maximum Premium Quoted by the Bidder: Pmax
Score Weight allocated for Premium: 40
Score per Bidder (Ps): P/Pmax x 40
Total Score Per Bidder= Gs + Ps
The bidder with the highest score would be the successful bidder.
3.5.4 Likewise, following the opening of Price Proposals online, BEC shall examine the Price
Proposals to confirm that all documents and financial documentation have been provided, and to
determine the completeness of each document submitted.

4. FRAUD AND CORRUPT PRACTICES

4.1 The Applicants and their respective officers, employees, agents and advisers shall observe the
highest standard of ethics during the Bidding Process. Notwithstanding anything to the contrary
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contained herein, the Authority may reject an Tender without being liable in any manner
whatsoever to the Applicant if it determines that the Applicant 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.
4.2 Without prejudice to the rights of the Authority under Clause 4.1 hereinabove, if an Applicant
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, such Applicant shall not be eligible to participate in any bid or
Tender issued by the Authority during a period of 2 (two) years from the date such Applicant 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, as the case may be.
4.3 For the purposes of this Clause 4, the following terms shall have the meaning hereinafter
respectively assigned to them:
(a) “corrupt practice” means (i) 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 Concession Agreement or arising therefrom, 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); or (ii) save and except as
permitted under sub clause (d) of Clause 2.2.1, engaging in any manner whatsoever, whether
during the Bidding Process or after the issue of the LOA or after the execution of the Concession
Agreement, as the case may be, any person in respect of any matter relating to the Project or the
LOA or the Concession Agreement, who at any time has been or is a legal, financial or technical
adviser of the Authority in relation to any matter concerning the Project;
(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 Applicants with the objective of restricting or manipulating a full and fair competition in the
Bidding Process.

5. MISCELLANEOUS
5.1 The Bidding Process shall be governed by, and construed in accordance with, the laws of India
and the Courts at Moradabad shall have exclusive jurisdiction over all disputes arising under,
pursuant to and/ or in connection with the Bidding Process.
5.2 The Authority, in its sole discretion and without incurring any obligation or liability, reserves
the right, at any time, to;
(a) Suspend and/ or cancel the Bidding Process and/ or amend and/ or supplement the Bidding
Process or modify the dates or other terms and conditions relating thereto;
(b) Consult with any Applicant in order to receive clarification or further information;

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(c) Retain any information and/ or evidence submitted to the Authority by, on behalf of, and/ or
in relation to any Applicant; and/ or
(d) Independently verify, disqualify, reject and/ or accept any and all submissions or other
information and/ or evidence submitted by or on behalf of any Applicant.

6. Need and Aim of the Project:

It has been estimated that Due to rapid urbanization the quantum of C&D waste is ever increasing.
C&D waste if mixed with MSW hinders the effective processing and management of MSW. If C&D
waste is not properly disposed off it enters the drainage system choking drains or reducing the
carrying capacity of the drainage system. As per C&D rules all cities above 10 lakh population had
to install C&D Plant within a 6-8 months of notification. It is imperative to prevent C&D waste from
being illegally dumped. Mostly, the C&D waste is disposed off at various sites without processing
in desolate areas like the Moradabad ridge which is the city’s green lung and also on Ram Ganga
river bed. In addition to the ad hoc nature of the system, constraints of space for storage of the
C&D waste, and lack of space for landfill are also important areas of concern
The total quantity of construction and demolition waste generated in the city has increased over a
period of time. New construction activities and demolition of old buildings are continuously
increasing the quantity of this waste in the city. Such waste is indiscriminately dumped on the
streets causing obstruction in traffic movement, unhygienic conditions and cleaning operations.
Lack of C&D waste segregation, collection and processing systems has led to dumping of majority
of the waste without segregation at open spaces or in low lying areas. Due to this, material which
can be reused / processed is also dumped into the sites and thus recycling of waste is difficult.
By adopting suitable measures for the segregation of construction and demolition waste and its
recycling for the manufacture of building products, the MSCL plans to stop this indiscriminate
dumping of construction and demolition waste. It also plans to recycle the waste and convert it
into useful value added building materials.
This project aims to take care of all present construction and demolition waste of Moradabad
Municipal Corporation and process the same in a scientific way so as to develop various building
products out of it. The plant capacity of 110 tons per day will have a specialized segregation
system, debris handling system, crusher and other required units including a multiple section
screening unit as specified in the Tender document. The processed plant will then be used as a
raw material for producing wide range of eco and green building materials like brick, paver,
blocks,etc. The whole system right from waste receiving to final finished eco- product would use
state of the art technology and will have no adverse impact on the environment. The recycling of
C&D waste will help reduce mining of good agricultural soil for the manufacture of bricks, save
energy, reduce carbon emissions, reduce mining for sand or aggregates, and also save the valuable
land which is otherwise wasted by dumping of waste.

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APPENDIX – I
ANNEX – I
A. General Information about the Agency

Sr.No. Details To be provided by the Bidder

1 Name of Agency
2 Address
3 Tel Number
Fax Number
Email Id
Website: (If Any)
4 Name of contact person
Designation
Mobile Number
Email ID
5 Type of Agency (Private
Ltd, Public Ltd, Partnership,
Proprietorship, etc.)
6 GST Enrolment/Registration
Certificate & Its Number
7 Income Tax (PAN No. & Date)
8 Are you submitting this offer in a
joint venture /consortium?
If yes
a. Who is the lead partner?
b. Who is the technology
provider?
c. What is the share of a lead
member in this?
Submit a copy of such joint
venture/consortium agreement
9A Annual Turnover of last 3 financial
years, submit chartered
accountant’s certificate with UDIN
Present net worth of the agency
(the computation of net-worth
shall be based on unconsolidated
audited annual accounts of the
last three years), submit
chartered accountant’s certificate
9B with UDIN & last 3
years audited reports)

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B. Information about the project proposal:

Sr.No. Details Required To be filled by the
Bidder
1 Area require for the project (in Acre) Total Land
Plant Footprint
2 Civil work cost (With detail break up)
3 Machinery cost (With detail break up)
Operation & Maintenance cost Monthly, fixed
4 cost (With detail break up) Variable cost per ton
(With detail break up)
5 Water requirement (KL/Day)
Electricity requirement for power load and unit
6 consumption in
KW
Construction period (after land handover &
7 including monsoon season)
100% plant commissioning period (after
8 land handover and including monsoon season)
Which type of environmental clearance is
9 required for the technology proposed? (specify
this in detail if it is require)
Environment Impact Assessment study is
10 require for the technology proposed? If yes,
what is the time require for the same and who will
do this study and who is going to bear the cost of
this study
Give brief description of the technology (It should
cover methodology, odour impact,
manual/mechanical/semi- automatic/fully
11 automatic etc, process flow, final products etc.)
This information can be submitted as an annexure
also.
Construction and O&M experience of similar
projects, client certificates (with the mention size
12 of project and technology used) for all the past
projects need to be attached with this response.
Number of project executed In India/Abroad
Number of projects in operation at present In
India/Abroad
13 Proposed team members and their experience in
similar projects
Proposed safeguards for environment and social
14 aspects and their design
Scope for future expansion Details about capacity,
15 time taken, land requirement etc.
Which type of final product/s and by product/s will
16 be made from such technology and what are the
usages of such products?
How you will dispose of the post process / inert
17 waste and its percentage of input waste?
What are grants/ subsidies etc. available to such
18 type of projects in
India?
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Sr.No. Details Required To be filled by the

Bidder
Final Products quality & its comparison with
19 conventional product of similar type.(Technical &
Commercial)

Past experience of the agency will be considered for technical evaluation of the
proposal and decision of MSCL in this regard will be final and binding.

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ANNEX-II

(To be forwarded on the letterhead of the Applicant/ Lead Member of Consortium)

Ref. Date:

To,

Chief Executive Officer,

Moradabad Smart City Limited,
Moradabad.

Dear Sir,

Sub: Tender No. dated

With reference to your Tender document dated*****, I/we, have examined the Bidding
Documents and understood their contents, hereby submit my/our Bid for the aforesaid Project.

1. The Bid is unconditional.

2. All information provided in the Bid and in the Appendices is true and correct. All
documents accompanying the bid are true copies of their respective originals.

3. This statement is made for the express purpose of qualifying as a Bidder the aforesaid
Project as explained in this Bid document.

4. I/We shall make available to the Authority any additional information it may find
necessary or require to supplement or authenticate the Bid.

5. I/ We acknowledge the right of the Authority to reject our Bid without assigning any
reason or otherwise and hereby waive our right to challenge the same on any account
whatsoever.

6. We certify that in the last three years, we/ any of the Consortium Members have
neither failed to perform on any contract, as evidenced by imposition of a penalty or
a judicial pronouncement or arbitration award, nor been expelled from any
project or contract nor have had any contract terminated for breach on our part.

7. I/We declare that:

a. I/ We have examined and have no reservations to the Bidding

Documents, including any Addendum issued by the Authority.

b. I/ We do not have any conflict of interest.

c. I/ We have not directly or indirectly or through an agent engaged or indulged

in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice, in respect of any tender issued by or any agreement entered into
with the Authority or any other public sector enterprise or any government, Centre
or State; and

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d. I/ We here by certify that we have taken steps to ensure that, no person acting for
us or on our behalf has engaged or will engage in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice.

8. I/ We understand that you may cancel the Bidding Process at any time and that
you are neither bound to accept any Bid that you may receive nor to invite the
Bidders to Bid for the Project, without incurring any liability to Bidders.

9. I/ We believe that we/ our consortium/ proposed consortium satisfy (ies) the Net Worth
criteria and meet(s) the requirements as specified in the Tender document and are/ is
qualified to submit a Bid.

10. I/ We declare that we/ any Member of the Consortium are/ is not a Member of a/ any
other Consortium submitting a Bid for the Project.

11. I/ We certify that in regard to matters other than security and integrity of the
country, we have not been convicted by a Court of Law or indicted or adverse orders
passed by a regulatory authority which could cast a doubt on our ability to undertake
the Project or which relates to a grave offence that outrages the moral sense of
the community.

12. In the event of my/ our being declared as the Selected Bidder, I/We agree to enter
into a Concession Agreement in accordance with the draft that has been provided to
me/us. We agree not to seek any changes in the aforesaid draft and agree to abide
by the same.

13. I/We have studied all the Bidding Documents carefully and also surveyed the
project area. We understand that except to the extent as expressly set forth in the
Concession Agreement, we shall have no claim, right or title arising out of any
documents or information provided to us by the Authority or in respect of any matter
arising out of or concerning or relating to the Bidding Process including the award
of Concession.

14. The Financial Bid has been quoted by me/us after taking into consideration all
the terms and conditions stated in the Tender, our own estimates of costs and after
a careful assessment of the site and all the conditions that may affect the Bid.

15. I/We agree and understand that the Bid is subject to the provisions of the Bidding
Documents. In no case, I/We shall have any claim or right of whatsoever nature if
the Project / Concession is not awarded to me/us or our Bid is not opened or rejected.

16. I/We agree to keep this offer valid for 120 (One Hundred and Twenty) days from the
Bid Due Date.

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17. I/We agree and undertake to abide by all the terms and conditions of the Tender
document. In witness thereof, I/we submit this Bid under and in accordance with the
terms of the Tender document.

18. I/we have received all the clarifications issued by the authority.

19. Notwithstanding any qualification or conditions, whether implied or otherwise,

contained in our Proposal we hereby represent and confirm that our Proposal is
unqualified and unconditional in all respects.

Yours faithfully,

(Signature of the Authorized signatory)

(Name and designation of the of the Authorized signatory)

Name and seal of Bidder/Lead Firm

Date; Place:

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APPENDIX II
Power of Attorney for signing of Tender and Bid

Know all men by these presents, We..................................................... (name of the

firm and address of the registered office) do hereby irrevocably constitute, nominate,
appoint and authorize Mr/ Ms (name),........................ son/daughter/wife of
.................................... and presently residing at ......................, who is presently
employed with us/ the Lead Member of our Consortium and holding the
position of .................................. , as our true and lawful attorney (hereinafter
referred to as the “Attorney”) to do in our name and on our behalf, all such acts, deeds
and things as are necessary or required in connection with or incidental to submission of
our bid for the ≪Name of the Project≫ including but not limited to signing and submission of
all tenders, bids and other documents and writings, and providing information/ responses
to the Authority, representing us in all matters before the Authority, signing and execution
of all contracts including the Concession Agreement and undertakings consequent to
acceptance of our bid, and generally dealing with the Authority in all matters in connection
with or relating to or arising out of our bid for the said Project and/ or upon award thereof
to us and/or till the entering into of the Concession Agreement with the Authority.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds
and things done or caused to be done by our said Attorney pursuant to and in exercise of
the powers conferred by this Power of Attorney and that all acts, deeds and things done
by our said Attorney in exercise of the powers hereby conferred shall and shall always be
deemed to have been done by us.

IN WITNESS WHEREOF WE, ..............................., THE ABOVE NAMED PRINCIPAL HAVE

EXECUTED THIS POWER OF ATTORNEY ON THIS ......... DAY OF ............. .....

For
................................

(Signature, name, designation and address)

Witnesses:

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APPENDIX III
Power of Attorney for Lead Member of Consortium

Whereas the Moradabad Smart City Limited (“the Authority”) has invited proposals from
interested parties for ≪Name of the Project ≫ (the “Project”).

Whereas, .........................., and .......................... (collectively the “Consortium”) being

Members of the Consortium are interested in bidding for the Project in accordance with the terms
and conditions of the tender and other connected documents in respect of the Project, and

Whereas, it is necessary for the Members of the Consortium to designate one of them as the
Lead Member with all necessary power and authority to do for and on behalf of the Consortium,
all acts, deeds and things as may be necessary in connection with the Consortium‟s
bid for the Project and its execution.

NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS

We, .......................... having our registered office at .........................., M/s.

.......................... having our registered office at .........................., (hereinafter
collectively referred to as the “Principals”) do hereby irrevocably designate, nominate,
constitute, appoint and authorise M/S .......................... having its registered
office at .........................., being one of the Members of the Consortium, as the Lead Member
and true and lawful attorney of the Consortium (hereinafter referred to as the “Attorney”). We
hereby irrevocably authorise the Attorney (with power to sub- delegate) to conduct all business
for and on behalf of the Consortium and any one of us during the bidding process and, in
the event the Consortium is awarded the concession/contract, during the execution of the
Project and in this regard, to do on our behalf and on behalf of the Consortium, all or any of such
acts, deeds or things as are necessary or required or incidental to the qualification of the
Consortium and submission of its bid for the Project, including but not limited to signing
and submission of all tenders, bids and other documents and writings, participate in bidders and
other conferences, respond to queries, submit information/ documents, sign and execute
contracts and undertakings consequent to acceptance of the bid of the Consortium and generally
to represent the Consortium in all its dealings with the Authority, and/ or any other Government
Agency or any person, in all matters in connection with or relating to or arising out of the
Consortium‟s bid for the Project and/ or upon award thereof till the Concession Agreement is
entered into with the Authority. AND hereby agree to ratify and confirm and do hereby ratify and
confirm all acts, deeds and things done or caused to be done by our said Attorney pursuant to
and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and
things done by our said Attorney in exercise of the powers hereby conferred shall and shall
always be deemed to have been done by us/ Consortium.
IN WITNESS WHEREOF WE THE
PRINCIPALS ABOVE NAMED HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS
...................... DAY OF .......... 2.....

For .......................... (Signature)

.......................... (Name & Title) For .......................... (Signature)

.......................... (Name & Title) For .......................... (Signature)

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Witnesses:

1.

2. .............................................

(Executants) (To be executed by all the Members of the Consortium)

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APPENDIX IV
Joint Bidding Agreement
(To be executed on Stamp paper of appropriate value)

THIS JOINT BIDDING AGREEMENT is entered into on this the ............ day of ............ 20...

AMONGST

1. {............ Limited, a company incorporated under the _ _ _ _ _ _ ( Companies Act/

Proprietorship/ Partnership Act) and having its registered office at ............ (Hereinafter referred
to as the “First Part” which expression shall, unless repugnant to the context include its
successors and permitted assigns)

AND

2. {............ Limited, a company incorporated under the _ _ _ _ _ _ ( Companies Act/

Proprietorship/ Partnership Act) and having its registered office at ............ (hereinafter referred
to as the “Second Part” which expression shall, unless repugnant to the context include its
successors and permitted assigns)

The above mentioned parties of the FIRST and SECOND PART are collectively referred to as the
“Parties” and each is individually referred to as a “Party”

WHEREAS, Whereas the Moradabad Smart City Limited (“the Authority”) has invited tenders
from interested parties for ≪Name of the Project≫ (the “Project”). by its tender No. ............ dated
............

(A) The Parties are interested in jointly bidding for the Project as members of a
Consortium and in accordance with the terms and conditions of the Tender document
and other bid documents in respect of the Project, and

(B) It is a necessary condition under the bidding document that the members of the
Consortium shall enter into a Joint Bidding Agreement and furnish a copy thereof with the
Bid.

NOW IT IS HEREBY AGREED as follows:

Role of the Parties

The Parties hereby undertake to perform the roles and responsibilities as described below:

(a) Party of the First Part shall be the Lead member of the Consortium and shall have the power
of attorney from all Parties for conducting all business for and on behalf of the Consortium
during the Bidding Process and until the Appointed Date under the Concession Agreement.

(b) Party of the Second Part shall be {the Technical Member of the Consortium ;}

(c) {Party of the Part shall be the Financial Member of the

Consortium; and}

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Joint and Several Liability

The Parties do hereby undertake to be jointly and severally responsible for all obligations
and liabilities relating to the Project and in accordance with the terms of the Tender,
Tender and the Concession Agreement, till such time as the Financial Close for the Project
is achieved under and in accordance with the Concession Agreement.

Shareholding

The Parties agree that the proportion of shareholding among the Parties shall be as
follows:

First
Party:

Second
Party:

Representation of the Parties

Each Party represents to the other Parties as of the date of this Agreement that:

(a) Such Party is duly organised, validly existing and in good standing under the laws of
its incorporation and has all requisite power and authority to enter into this
Agreement;

(b) The execution, delivery and performance by such Party of this Agreement has been
authorised by all necessary and appropriate corporate or governmental action and
a copy of the extract of the charter documents and board resolution/ power of
attorney in favour of the person executing this Agreement for the delegation of
power and authority to execute this Agreement on behalf of the Consortium
Member is annexed to this Agreement, and will not, to the best of its knowledge:

 require any consent or approval not already obtained;

 violate any Applicable Law presently in effect and having applicability to it;
 violate the memorandum and articles of association, by-laws or other
applicable organisational documents thereof;
 violate any clearance, permit, concession, grant, license or other
governmental authorisation, approval, judgement, order or decree or any
mortgage agreement, indenture or any other instrument to which such Party is a
party or by which such Party or any of its properties or assets are bound or that
is otherwise applicable to such Party; or
 create or impose any liens, mortgages, pledges, claims, security interests, charges
or Encumbrances or obligations to create a lien, charge, pledge, security interest,
encumbrances or mortgage in or on the property of such Party, except for
encumbrances that would not, individually or in the aggregate, have a material
adverse effect on the financial condition or prospects or business of such Party so
as to prevent such Party from fulfilling its obligations under this
Agreement;
(c) This Agreement is the legal and binding obligation of such Party, enforceable in
accordance with its terms against it; and

(d) there is no litigation pending or, to the best of such Party's knowledge, threatened to
which it or any of its Affiliates is a party that presently affects or which would have

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a material adverse effect on the financial condition or prospects or business of such Party
in the fulfillment of its obligations under this Agreement.

Termination

This Agreement shall be effective from the date hereof and shall continue in full force
and effect until the Financial Close of the Project is achieved under and in accordance with
the Concession Agreement, in case the Project is awarded to the Consortium. However, in
case the Consortium is either not pre-qualified for the Project or does not get selected for
award of the Project, the Agreement will stand terminated in case the Bidder is not pre-
qualified or upon return of the Bid Security by the Authority to the Bidder, as the case may
be.

Miscellaneous

This Joint Bidding Agreement shall be governed by laws of {India}.The Parties

acknowledge and accept that this Agreement shall not be amended by the Parties without
the prior written consent of the Authority.

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND DELIVERED
THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.

SIGNED, SEALED AND DELIVERED For and on

behalf of LEAD MEMBER by: (Signature)

(Name)

(Designatio

n)

(Address)

SIGNED, SEALED AND DELIVERED For and on

behalf of OTHER PARTS: Signature:

Name

Designation

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APPENDIX-V
APPROACH AND METHODOLOGY

Technical approach, methodology and project plan are key components of the Technical Proposal.
You are suggested to present in your technical proposal the followings:

a. Technical Approach and Methodology including assumptions in development treatment and

disposal system and basis of proposed capacity.
b. Details of Proposed technology for processing of Construction and demolition waste
c. Source of technology and technology tie-up.
d. Project Plan including schedule for equipment replacements and capacity additions at
regular intervals.
e. Organization and Staffing,
f. Assessment of Risk and mitigation plan
g. Total Investment Proposed and Funding / Financing plan
h. Key assumptions

Bidders would be required to submit information on key assumptions for the Project (Key
Assumptions) based on their estimates of various parameters pertaining to the Project. Key
Assumptions must include (but not limited to) information on the following:

Proposed quantum in SLF Disposal = ---------------------% Project Cost Estimates

Base Construction Cost as on Proposal Due Date

Contingencies

Details of Preliminary Expenses

Details of Pre-Operative Expenses

Note: The bidder may be invited to make a presentation on approach, methodology and
project plan to judge their understanding of the project.

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APPENDIX-VI
BID SECURITY DECLARATION
(On the Letter Head of the Lead Bidder)

Date: --/--/----

To
Chief Executive Officer
Moradabad Smart City Limited,
Pili Kothi,
Moradabad.

Ref: RFP No: ≪………………….≫ dated≪……………≫

We/I ≪Name of the Bidder≫ understand that, according to your conditions, bids must be
supported by a Bid-Securing Declaration.

We accept that we will automatically be suspended from being eligible for bidding in any contract
for a period of 3 years with MSCL, if we are in breach of our obligation(s) under the bid
conditions. If we:

(a) Withdraw or modify our Proposal during the Proposal validity period or any extension agreed
by the Bidder thereof.
(b) disqualified in accordance with Section 2 Clause 14 of the RfP
(c) tries to influence the evaluation process or engages in corrupt, fraudulent, coercive or
undesirable practice or restrictive practice as set out in RFP

If we are declared the first ranking Bidder and we:

(d) Withdraw our Proposal during negotiations. However, failure to arrive at a consensus
between the Client and the first ranked Bidder shall not be construed as withdrawal of
proposal by the first ranked Bidder;
(e) fails to furnish the Performance Security
(f) fails to sign and return, as acknowledgement, the duplicate copy of the letter of award;
(g) fails to fulfil any other condition precedent to the execution of the Contract, as specified in
the letter of award; or
(h) Fails to execute the Contract.

We understand this Bid-Securing Declaration shall expire if we are not the successful Bidder,
upon the earlier of (i) our receipt of your notification to us of the name of the successful Bidder;
or (ii) Validity of the bid as mentioned in the RFP Document

Signed: [insert signature of person whose name and capacity are shown] In the capacity of
[insert legal capacity of person signing the Bid-Securing Declaration]

Name: [insert complete name of person signing the Bid-Securing Declaration]

Duly authorized to sign the bid for and on behalf of: [insert complete name of Bidder]

Dated on ____________ day of __________________, _______ [insert date of signing]

Corporate Seal (where appropriate)

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APPENDIX-VII
PRICE BID
Sheet BoQ1 (Percentage Rate)

Sl. Item Description Quantit Units Grants TOTAL

No. y in AMOUNT
Rs. P With Taxes
& GST
in
Rs. P
1 2 4 5 6 53
1 GRANTS
1.01 Establishment and Operation of 1.000 LS 38900000.0 38900000.0
minimum 110 TPD Capacity Facility to 0 0
Collect, Transport, Process and Utilize
in Products, Construction and
Demolition Waste generated within
Moradabad Municipal Corporation
limits on PPP basis for 15 years on
Design, Build, Finance, Operate and
Transfer (“DBFOT”) basis as specified
in the tender document

Total in 38900000.0
Figures 0
Quoted Rate in Figures Select 0.00

Note:

The bidder should select “Less(-)” or “Excess (+) : 0 (Zero) percent only. Excess (+)
above the specified Grant will not be given and if chosen the financial bid would
construe to be non-compliant and bid will be rejected.

Sheet BoQ 2 (Item Rate)

Sl. Item Description Quantit Units Revenue Revenue

No. y Sharing Sharing
Percentag Percentag
e e
1 2 4 5 13 53
1 Premium
1.01 Percentage of Revenue to be 1.000 Percentag 0.00
shared from the project e
Establishment and Operation of
minimum 110 TPD Capacity
Facility to Collect, Transport,
Process and Utilize in Products,
Construction and Demolition
Waste generated within
Moradabad Municipal Corporation
limits on PPP basis for 15 years on
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Design, Build, Finance, Operate

and Transfer (“DBFOT”) basis as
specified in the tender document
Total 0.00
in
Figure
s

Note:

The bidder should Percentage of Revenue they will share from the profit ascertained
from the project via production and selling of various products from the C&D Plant.
The INR would be read as Percentage for the above BoQ.

The Calculations will be as follows for the successful bidder:

For Sheet BoQ1 (Percentage Rate)

Grants Quoted by the Bidders : F

Lowest Grant Quoted by the Bidders: Fmin.
Score Weight allocated for Grants: 60
Score per Bidder (Gs): Fmin/F x 60

For Sheet BoQ2 (Item Rate)

Premium Quoted by the Bidder: P

Maximum Premium Quoted by the Bidder: Pmax
Score Weight allocated for Premium: 40
Score per Bidder (Ps): P/Pmax x 40
Total Score Per Bidder= Gs + Ps
The bidder with the highest score would be the successful bidder.

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APPENDIX-VIII
FORMAT FOR SENDING TENDER QUERIES
RFP Reference No: XXXX

Bidder’s Request For Clarification

Name and complete official address of Telephone, Fax and E-mail of the organization
the Bidder submitting query / request Tel:
for clarification Fax:
Email:

Content of RFP Requiring Change Requested/

S.No. Clause No. Page No.
Clarification Clarification required
1.
2.

Signature:

Name of the Authorized signatory:

Seal:

Date and Stamped:

Note: Bidder(s) are requested to send the queries in PDF with Sign and Seal and also in MS Excel
for making consolidation process easy.

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APPENDIX-IX
FORMAT FOR BANK GURANTEE
(to be stamped in accordance with Stamp Act, if any,)

Bank Guarantee No. ---------

Ref. No.:--------------------------------- Date : ------------------------------

To,
CEO,
Moradabad Smart City Limited,
Water Works Compound,
Pili Kothi,
Civil Lines, Moradabad-244001

Dear Sir,

THIS AGREEMENT is made on the ----------------days of----------------------- 2020 ------

Between [Name of the Bank] of ---------------------- [address of the bank] (hereinafter
called “the Guarantor”) of the one part and Moradabad Smart City Limited (hereinafter called
“the MSCL”) of the other part.

WHEREAS

(1) this agreement is supplemental to a contract number ----------------(insert Contract

Number) (hereinafter called “the Contract”) made between ……………… [name of Contractor]
of ------------------- [address of Contractor] (hereinafter called “the Contractor) of the one
part and the MSCL of the other part whereby the Contractor agreed and undertook to execute
the works of ≪Name of the Work≫ for MSCL at against the Contract for the sum of ------------
------- [amount in Contract Currency] being the Contract Price; and

(2) the Guarantor has agreed to guarantee the due performance of the Contract in the manner
hereinafter appearing.

NOW, THEREFORE, the Guarantor hereby agrees with the MSCL as follows;

(a) If the Contractor (unless relieved from the performance by any clause of the Contract
or by statute or by the decision of a tribunal of competent jurisdiction) shall in any respect fail
to execute the Contract or commit any breach of his obligations there under then the Guarantor
will indemnify and pay the MSCL the aggregate sum of 15,00,000.00/- [amount of Guarantee
shall be Fifteen Lakhs only]----------------------- [in words], such sum being payable in the
types and amount of currencies in which the Contract Price is payable, provided that the
MSCL or his Authorized Representative has notified the Guarantor to that effect and has made
a claim against the Guarantor before the expiry of O&M period.

(b) The guarantor shall not be discharged or released from his guarantee by an arrangement
between the Contractor and the MSCL, with or without the consent of the Guarantor, or by any
alteration in the obligations undertaken by the Contractor, or by any forbearance on the part
of the Contractor, whether as to payment, time, performance, or other wise, any notice to the
Guarantor of any such arrangement, alteration, or forbearance is hereby expressly waived.

This guarantee shall be valid for one year after successful commissions of entire system from
the date of expiry of O&M period as specified in the Contract.

Given under our hand on the date first mentioned above.

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SIGNED BY ------------------------------ for and on behalf of the Guarantor

(Seal of Guarantor)

in the presence of

-------------------------------------- (Witness)

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GENERAL CONDITION OF THE CONTRACT (GCC)

ARTICLE 1 - DEFINITIONS AND INTERPRETATION
1.1 Definitions

In this Agreement, the following words and expressions shall, unless repugnant to the context
or meaning thereof, have the meaning hereinafter respectively ascribed to them hereunder:

“Accounting Year” shall mean the Financial Year commencing from the first day of April of any
calendar year and ending on the 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 Concessionaire is required to incur as a
result of Change in Law or Change in Market Rates.

“Affected Party” shall mean the party claiming to be affected by a Force Majeure Event in
accordance with the Article 8.

“Agreement” shall mean this Agreement, its Recitals, the Schedules and annexures hereto and
any amendments made in accordance with the provisions hereof.

“Applicable Approvals” shall mean all clearances, licences, permits, authorisations, no

objection certificates, consents, approvals and exemptions required to be obtained or
maintained under Applicable Laws in connection with the construction, operation and
maintenance of the Project during the subsistence of this Agreement.

“Applicable Laws” shall mean all laws, brought into force and effect by GOI or the State
Government including rules, regulations and notifications made thereunder and judgments,
decrees, injunctions, writs and orders of any court of record, applicable to this Agreement and
the exercise, performance and discharge of the respective rights and obligations of the Parties
hereunder, as may be in force and effect during the subsistence of this Agreement.

“Appointed Date” shall mean the date of signing of this Concession Agreement by the
Parties.

“Arbitration Act” shall mean the Arbitration and Conciliation Act, 1996 of India and shall include
any modification to or any re-enactment thereof as in force from time to time.

“Authority” shall mean the Moradabad Smart City Limited

“Bid” shall mean the documents in their entirety comprised in the Bid submitted by the {selected
Bidder/Consortium} in response to the Request for Proposals in accordance with the provisions
thereof;

“Change in Law” shall have the meaning ascribed thereto in Article 14.

“Concession” subject to all the terms, conditions, covenants and obligations of this Agreement,
shall mean collectively the exclusive right, license and permission granted on behalf of
the MSCL to the Concessionaire under this Agreement to undertake the Project.

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

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“Concession Period” shall mean the period of 15 years starting from the Appointed Date and
ending on the date of hand back of the Project Facilities in terms of Article 10. It includes
construction of plant period also.

“Consortium” shall have the meaning set forth in Recital (C);

“Consortium Member” shall mean a Company specified in Recital (C) as a member of the
Consortium;

“Construction Works” shall mean all works and things required to be constructed by the
Concessionaire, pursuant to the Construction Requirements.

“Contractor” shall mean the person or persons, as the case may be, with whom the
Concessionaire has entered into any of the agreements for construction, operation and/or
maintenance of the Project or matters incidental thereto but does not include a person who has
entered into an agreement for providing financial assistance to the Concessionaire.
“Daily Weight Sheet” shall have the meaning given to the term in Clause 5.9(c).

“Damages” shall have the meaning set forth in Sub-clause (o) of Clause 1.2.1;

“Detailed Project Report” shall mean the report prepared and submitted by the Company for
the development of the project.

“Drawings” shall mean all of the drawings, calculations and documents pertaining to the Project,
and shall include “Working Drawings”

“Emergency” shall mean conditions or situation that is likely to endanger the safety of the
individuals on or about the Project Facilities or which poses an immediate threat of material
damage to any of the Project Facilities.

“Encumbrances” shall mean in relation to the Project Facilities/Site, any Encumbrance such as
mortgage, charge, pledge, lien, hypothecation, security interest, assignment, privilege or priority
of any kind having the effect of security or other obligations but excluding utilities, if any on or
under the Project Site.

“Excluded Waste” shall mean waste material of the nature that the Project Facilities
are not designed or authorized to receive, manage, process and dispose, including hazardous
waste, bio-medical Waste, e- waste, Municipal solid waste and/or any other waste not defined
as Construction and demolition waste.

“Financial Year” shall mean the period commencing from April 1 of any given year to March 31
of the subsequent year.

“Financing Documents” shall mean the agreements executed by the Concessionaire in respect
of financial assistance to be provided by the Lenders by way of loans, guarantees, subscription
to non-convertible debentures, bonds, and other debt instruments, security agreements, and
other documents relating to the financing (including refinancing) of the Project.

“Force Majeure” or Force Majeure Event” shall mean an act, event condition or occurrence
as specified in Article 8.

“GOUP” shall mean the Government of state of Uttar Pradesh.

“GOI” shall mean the Government of India.

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“Good Industry Practice” shall mean the practices, methods, techniques, designs, standards,
skills, diligence, efficiency, reliability and prudence, which are generally and reasonably expected
from a reasonably skilled and experienced operator engaged in the same type of undertaking
as envisaged under this Agreement and which would be expected to result in the performance
of its obligations by the Concessionaire in accordance with this Agreement, Applicable Laws,
and Applicable Approvals, in a reliable, safe, economical, and efficient manner.

“Government Agency” shall mean GOl, GOUP, the Authority or any State Government
or governmental department, division or sub-division of the Government and includes
commission, board, body, bureau, agency, authority, instrumentality, court or other judicial or
administrative body, central, state or local, having jurisdiction over Concessionaire, the
Site/Project Facilities or any portion thereof, for the performance of all or any of the services or
obligations of Concessionaire under or pursuant to this Agreement.

“Operations Period” shall mean the period commencing from the Commercial Operation
Date (COD) of Facility and ending with expiry of this Agreement or Termination Date, whichever
is earlier.

“Implementation Period” shall mean the period of commencing from the Appointed Date and
ending with Scheduled COD.

"Implementation Schedule" shall mean the Implementation Schedule to be prepared as

a part of DPR with specific milestones for operationalization of activities/ Project Facility.

"Indemnified Party" shall mean the Party entitled to the benefit of an indemnity pursuant to
Article 15;

"Indemnifying Party" shall mean the Party obligated to indemnify the other Party pursuant to
Article 15

“MSCL appointed Consultant” shall be the consultant appointed by MSCL.

“Indirect Political Event” shall have the meaning set forth in Clause 8.2;

“Insurance Cover” shall mean the aggregate of the maximum sums insured under the
insurances taken out by the Concessionaire pursuant to Article 8, and includes all insurances
required to be taken out by the Concessionaire under Clause 5.7 but not actually taken, and
when used in the context of any act or event, it shall mean the aggregate of the
maximum sums insured and payable or deemed to be insured and payable in relation to such act
or event;

“Intellectual Property” shall mean all patents, trade-marks, service marks, logos, get-
up, trade names, internet domain names, rights in designs, blue prints, programs and
manuals, drawings, copyright (including rights in computer software), database rights,
semiconductor, 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;

“LOA” shall mean the letter of acceptance

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“Lenders” shall mean the financial institutions, banks, multilateral lending agencies, trusts,
funds and agents or trustees of debenture holders, including their successors and assignees, who
have agreed to guarantee or provide finance to the Concessionaire under any of the Financing
Documents for meeting all or any part of the project cost and who hold parripassu charge on the
assets, rights, title and interests of the Concessionaire.

“MSW” or Municipal Solid Waste” The term shall further mean the Municipal Solid
Waste as described under the SWM Rules.

“C&D Waste Management Rules” shall mean the Construction and Demolition Waste
Management Rules, 2016 framed by the Government of India under the Environment (Protection)
Act, 1986 (Act 29 of 1986) and includes any statutory Amendments / modifications thereto for
reenactments thereof, for the time being in force;

“Material Adverse Effect” shall mean a Material Adverse Effect on (a) the ability of either
Party to exercise any of the rights to perform / discharge any of its duties / obligations
under and in accordance with the provisions of this Agreement and / or (b) the legality, validity,
binding nature or enforceability of this Agreement.

“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 cure.

“Milestone Schedule” shall mean the meaning as ascribed to in the Clause 5.3.

“O&M” shall mean the operation and maintenance of the Project Facilities and includes all
matters connected with or incidental to such operation and maintenance, provision of services
and facilities, in accordance with the provisions of this Agreement.

“O&M Requirements” shall mean the requirements as to operation and maintenance of the
Project Facilities.

“Parties” shall mean the parties to this Agreement and “Party” shall mean either of
them, as the context may admit or require.

“Performance Bank Guarantee/ Performance Security” shall mean the guarantee for
performance of its obligations to be furnished by Concessionaire.

“Person” shall mean (unless otherwise specified or required by the context), any individual,
company, corporation, partnership, joint venture, trust, unincorporated organization,
Government Agency or any other legal entity.

“Plant” shall mean the apparatus, equipment and machinery for carrying out the activities
required for the Project, fixed or movable, but excluding consumables and premises.

“Preliminary Notice” shall mean the notice of intended Termination by the Party entitled to
terminate this Agreement to the other Party setting out, inter alia, the underlying Event of
Default.

“Project Agreements” shall mean this Agreement, the Financing Agreements, or any other
agreements or material contracts that may be entered into by the Concessionaire with any Person
in connection with matters relating to, arising out of or incidental to the Project, but does not
include the Escrow Agreement, and Substitution Agreement.

“Project Area” shall comprise the Site and for the purpose of implementing the Project
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“Project Assets/Facilities” shall mean all the amenities and facilities situated within the
Project Area, the Plant, vehicles and civil infrastructure required and procured/constructed for
carrying out activities for effective and efficient management of Construction and demolition
waste and other related activities, in accordance with the terms and conditions of this Agreement
and in compliance with the C&D Waste Management Rules.

“Right of Way” shall mean the constructive possession of the Site, together with all way
leaves, easements, unrestricted access and other rights of way, howsoever described,
necessary for construction, operation and maintenance of the Project Facilities in accordance with
this Agreement;

“Readiness Certificate” shall mean the certificate issued by MSCL/MSCL appointed Consultant
certifying, inter-alia, that the Concessionaire has completed the relevant Project Facilities in the
Project Area.

“Residual Inert Matter” shall mean the waste matter obtained after processing of the
Construction and demolition waste by each of the relevant Project Facilities and is not fit for
any kind of use and to be disposed off in the Landfill and shall not be more than 10% of total
waste.

“Rupees or Rs” refers to the lawful currency of the Republic of India.

“Site” shall mean the land admeasuring about 11,000 Square Meter located at Lakri
Fazalpur provided by MSCL for developing the project.

“State” shall mean the State of Uttar Pradesh and “State Government” shall mean the
government of that State;

“Successful Bidder” shall mean M/s the party selected by the

Authority, through a competitive bidding process for implementing the Project.

“Tax” shall mean and includes 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 Agency, but excluding
any interest, penalties and other sums in relation thereto imposed on any account
whatsoever

“Technology” means the relevant technology for the disposal of construction and demolition
waste that the Concessionaire has proposed as part of bid document and accepted by MSCL
including any changes in technology proposed by the Concessionaire and accepted by MSCL time
to time.

“Termination” shall mean early termination of this Agreement pursuant to Termination Notice
or otherwise in accordance with the provisions of this Agreement but shall not, unless the context
otherwise requires, include expiry of this Agreement due to efflux of time in the normal course.

“Termination Date” shall mean the date specified in the Termination Notice as the date
on which Termination occurs / comes into effect.

“Total Project Cost” shall mean the actual cost incurred on the construction of the Project
Facilities as authenticated by the Authority.
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“Vacant Possession” means delivery to the Concessionaire, of possession of the land

constituting the Site free from all Encumbrances and the grant of all easementary rights and
all other rights appurtenant thereto.

“Weighbridge” means the electronic weighbridge constructed by the Concessionaire

capable of performing the operations of weighment

1.2 Interpretation
1.2.1 In this Agreement, unless the context otherwise requires,

 any reference to a statutory provision shall include such provision as is from time to time
modified or re-enacted or consolidated so far as such modification or reenactment or
consolidation applies to, or is capable of being applied to any transactions entered into
hereunder;
 references to Applicable Laws shall include the laws, acts, ordinances, rules, regulations,
notifications, guidelines or bylaws which have the force of law;
 the words importing singular shall include plural and vice versa, and words denoting
natural persons shall include partnerships, firms, companies, corporations, joint ventures,
trusts, associations, organisations or other entities (whether or not having a separate legal
entity);
 the headings are for convenience of reference only and shall not be used in, and shall not
affect, the construction or interpretation of this Agreement;
 the words "include" and "including" are to be construed without limitation;
 any reference to any period of time shall mean a reference to that according to
Indian Standard Time;
 any reference to a "business day" shall be construed as a reference to a day (other
than a Sunday) on which banks in Uttar Pradesh, India are generally open for business;
 any reference to day, month or year shall mean a reference to a calendar day, calendar
month or calendar year respectively;
 the Schedules and annexures to this Agreement form an integral part of this Agreement
as though they were expressly set out in the body of 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;
 references to recitals, Articles, sub-articles, clauses, or Schedules in this Agreement shall,
except where the context otherwise requires, be deemed to be references to recitals,
Articles, sub-articles, clauses and Schedules of or to this Agreement;
 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;
 any reference to „construction‟ or „building‟ include unless the context otherwise
requires, investigation, design, developing, engineering, procurement, delivery,
transportation, installation, processing, fabrication, testing, commissioning and other
activities incidental to the construction, and “construct‟ or “build‟ shall be
construed accordingly.

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 any reference to "development" include, unless the context otherwise requires,

construction, renovation, refurbishing, augmentation, upgradation and other
activities incidental thereto, and “develop” shall be construed accordingly;
 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");
 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; and
 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 effectual only if it is in writing under the hands of duly authorized
representative of such Party in this behalf and not otherwise;
1.2.2 Unless expressly provided otherwise in this Agreement any documentation required to be
provided or furnished by the Concessionaire to the Authority and/or MSCL appointed Consultant
shall be provided free of cost and in three copies, and if the Authority is required to return any
such documentation with their comments and / or approval, they shall be entitled to retain 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

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 all other Agreements and documents forming part of or referred
to in this Agreement are to be taken as mutually explanatory and, unless otherwise expressly
provided elsewhere in this Agreement, the priority of this Agreement and other documents and
Agreements forming part hereof or reffered to herein shall, in the event of any conflict between
them, be in the following order:

a. this Agreement; and

b. all other Agreements and documents (Tender document, Letter of Acceptance,
Notice to Proceed with the Works, Agreement Data) forming part hereof or referred
to herein;
1.4.2 Subject to provisions of Clause 1.4.1 in case of ambiguities or discrepancies within this
Agreement, the following shall apply:

a. between two or more Articles of this Agreement, the provisions of a specific Article
relevant to the issue under consideration shall prevail over those in other Articles;
b. between the Articles of this Agreement and the Schedules, the Articles shall
prevail and between Schedules and Annexures, the Schedules shall prevail;
c. between any two Schedules, the Schedule relevant to the issue shall prevail;
d. between the written description on the drawings and the Specifications
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and Standards, the latter shall prevail;

e. between the dimension scaled from the drawing and its specific written
dimension, the latter shall prevail; and
f. between any value written in numerals and that in words, the latter shall prevail.

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ARTICLE 2 - THE CONCESSION

2.1 Scope of Work
2.1.1 The Scope will be as follows:

a. To process and Utilize Construction and Demolition waste generated within Moradabad
Municipal Corporation limits of minimum 110 TPD capacity on PPP basis for 15 years and
for that purpose develop, establish, finance, design, construct, operate and maintain
Facility at the Site, in addition to the other rights granted under this Agreement and
mentioned in the tender document. 11,000 Square meter land will be provided at Lakri
Fazalpur area for the proposed project. The engineered landfill for dumping of residual /
inert waste of C&D is same as the SWM Dumping Site of Moradabad Municipal Corporation.
b. Detailed designing and Establishment and Operation of facility to Utilize Construction and
Demolition waste generated within Moradabad Municipal Corporation limits of minimum
110 TPD capacity on PPP basis for 15 years. (Note: The design needs to be approved by
Engineer-in-Charge, MSCL prior to proceeding with the Construction of the Plant)
c. The construction and demolition waste will be collected by the Concessionaire.
Concessionaire transport the waste from receipt point to processing site through 1st
own/cast vehicle of the Concessionaire. The number and type of vehicles to be procured
for Collection and Transportation of C&D Waste will be at the discretion of the
Concessionaire as per the C&D Waste Collection and Transportation plan approved by
MSCL.
d. To transport and dispose the Residual Inert Matter to the Landfill Site, without any
additional approval, cost or charge;
e. To maintain the Construction and Demolition waste Facility upto the end of the Agreement
Term;
f. Marketing & selling of recovered useful material from Construction and demolition
waste;
g. Operation & maintenance of all Plant, vehicles used for the plant, and civil infrastructures
within the purview of Project; and
h. Obtaining all necessary statutory consent and clearances required for implementation of
the Project and maintaining thereon as per Applicable Laws;
i. Ensuring Employee Health and Safely (EHS) compliance during the entire project duration,
including the Implementation Period;

2.1.2 Collection of C&D waste:

The Concessionaire will collect all C&D waste from bulk generators/generators using suitable
equipment (auto lifters, hook loaders, loaders or closed tippers etc.). C&D collection points shall
be decided by MSCL. Scheduled/On Demand Collection system shall be implemented via a 24 x
7 helpline number. Concessionaire must take responsibility to advertise the toll free helpline
yernumber in print (leaflets, newspapers) and electronic media (local cable networks, internet).
Quite often small quantities of waste are disposed of in narrow lanes, which cannot be removed
by sending out the usual transport vehicles. Loading rickshaws or traditional carts or animal
driven carts may be used for manual removal of such waste. The concessionaire might be faced
with circumstances when he is unable to remove waste from designated collection points due to
breakdown of machinery or manpower. In such cases, attempts should be made to provide proper
screen/view cutter so that the waste does not get scattered and does not become an eyesore.

2.1.3 Transportation of C&D Waste:

The Concessionaire shall be responsible for transportation of C&D waste to the processing facility
in accordance to the construction and demolition waste management rules 2016. The
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Concessionaire shall be responsible for procuring adequate number of vehicles for C&D Waste
transportation to C&D Processing Facility. To monitor and ensure the distance and location to be
covered, a GPS facility shall be installed in vehicles.

Site Development: The broad scope of works to be carried out by the Successful Applicant under
this category includes the following components, but is not limited to:

a. Undertaking necessary geotechnical survey to assess the hydrological and flooding potential
of the site;

b. Construction of C&D Waste Processing Plant of required capacity.

c. Installing a digital weigh bridge at the entry (gate) to the Processing Facility for weighing the
tonnage of C&D waste that is received by each vehicle

d. In addition to this, infrastructure such as office building, internal roads, public utilities, Guard
room, Data room, go-down, fencing wall/ internal boundary (ies) to restrict the entry to specific
areas of site to the authorized persons only.

e. The Concessionaire shall also be responsible for setting up of Research & Development (R&D)
Centre at the land allocated for setting up the C&D Waste Processing Facility

f. Providing furniture and fixtures, lighting arrangement inside the C&D waste processing facility
as well as outside, in the premises.

g. Providing drainage system and cables, wiring with necessary electrical fixtures as necessary.

h. MSCL shall facilitate all forms of support to the Concessionaire for obtaining
certification/statutory clearances required for accessing water, electricity and telephone
connection.

i. The Concessionaire will have to set up a mechanized workshop facility at space provided by
MSCL for parking, repair and maintaining the vehicles and equipment at the Processing
Facility/other location.

2.1.4 Processing of C&D Waste:

The Concessionaire will be expected to use a combination of (mechanical processes) technologies

/ systems that includes crushing, screening, and separation in order to maximize C&D Waste
processing and ensure not more than 20% goes into the landfill site(s) .The Successful Applicant
will be required to examine the quality and quantity of C&D Waste generated in the Moradabad
Municipal Corporation area for arriving at the technology selection. The entire C&D Waste
processing and management system should be compliant with C&D waste management rules
2016 or the applicable rules of the land and guidelines. The Concessionaire shall use any suitable
technology for processing of C&D waste to minimize nuisance due to excessive dust generated
during processing activity in accordance to the provision of the C&D waste management rules
and air pollution rules.

2.1.5 Dust control Plan:

Suitable measures shall be taken by the Concessionaire to control and manage the dust
generated during processing of C&D Waste and ensure that dust generation is minimal even
during the dry seasons. The dust control plan should be in consideration of the UPPCB, CPCB and
NGT rules and orders governing the same else penalty as Government regulations will be applied.
Further the Concessionaire shall be responsible to maximize recycle and reuse of finished
products and material derived from the processing of C&D Waste.

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2.1.6 Operation and Maintenance of C&D Waste Processing Facility and infrastructure:

The Concessionaire shall set up a control room at the treatment facility, prominently mentioning
the web site/help line telephone number ( Land lines numbers, in control room) along with voice
recorder facility to receive the complaint from General Public (to take care of noise pollution, or
illegal dumping of C&D waste etc.). The concessionaire shall ensure that the complaint in respect
of services shall be attended within 48 hours. The Control Room Shall work on all days i.e. 365
or 366 days of the year; from 6.00 AM to 10.00 PM.

The Concessionaire shall be responsible for operation and maintenance of tipper trucks,
mechanical lifting arrangement to transfer the waste from bin into tipper truck, required C&D
waste processing infrastructure including treatment units [crushers and separators] etc., parking
facilities, container locations, weighbridge, hook loaders. The Successful Applicant shall transfer
immovable infrastructure, machineries, equipment and vehicles etc. to MSCL (free of cost) in
perfect working condition, at the time of expiry of concession period or termination of contract,
whichever is earlier.

2.1.7 Storage of C&D Waste residues and recycled products:

The C&D Waste Processing Facility built at existing sanitary landfill site which is available with
ULB by the Concessionaire must earmark separate space for storage of C&D Waste residues or
aggregates obtained after processing for one month generation and while recycled products shall
be stored for two/three – month generation. The Concessionaire shall dispose off maximum 20%
of the rejects/ultimate residue to the landfill site. The Concessionaire will be responsible for
disposal of the rest of the components of the rejected material.

2.1.8 Awareness:

The Concessionaire shall undertake a mass awareness programme, in Moradabad Municipal

Corporation area to ensure that C&D waste being generated in his/her concession area is not
being disposed off at existing C&D waste dump site(s). New builders seeking building permits
will be asked to register with the concessionaire, so that the C&D waste being generated in their
premises can be collected from source, only. The concessionaire shall create awareness regarding
the significance of handling the C&D waste and its proper disposal and the location of designated
collection points. For facilitation a help line number shall be provided so that “on demand” lifting
can be arranged. The message shall be conveyed through various platform like resident welfare
association (RWA’s), civil society groups etc.

The bulk waste generators like builders, Government Departments like PWD and
MSCL/MNN/Awas Vikas etc officials shall be directly contacted. The residents shall be encouraged
to immediately inform about unauthorized dumping of C&D waste on helpline number. The
Concessionaire must allocate a specific budget for creating awareness for the project. Intensive
awareness campaigns especially in the initial 1 year shall be organized.

The successful applicant will make all arrangement for water electricity, UPPCB clearance consent
to operate etc. at its own cost

2.1.9 Plant Machinery Minimum Specifications:

The Concessionaire would propose its technology for C&D Waste Plant based on the
following minimum specifications:

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Description Capacity /Size

Hopper Capacity 10 Tons

Magnetic Separator 01 Nos.
Horizontal Vibrating Screen 12’ x 4’ fitted with suitable Motors
Primary Jaw Crusher 24” X 15” Fitted
With 30kw (40 Hp) Motor And Suitable V-Belts
Electricals With Armoured Cables For Crusher & Horizontal Screen Suitable For Primary
Station
Plain Feeder Model 0.57kw Vibrating Motor
Magnetic Separator 01 Nos
Secondary Impact Crusher Fitted With (56kw) 75 Hp
Motor, V-Belt, 5 Groove, D-Section Pulley And
Suitable V-Belts
Body Heavy Duty Skid For 01 Nos.
Secondary Station with Stands For
Crusher & Feeder With Main
Platform.
Electricals With Armoured Cables For Crusher & Feeder Suitable For Secondary Station
Vibrating Screen 10’x4’x3’ Decks Fitted With Suitable Spring Steel
Wire Meshes
Heavy Duty Skid With Maintenance Access Platform, Step Ladders, Hand Railings, V-Belts,
Motor Pulleys, Top & Bottom Chutes Etc. For Screen. Electricals With Armoured Cables For
Vibrating Screen.
Horizontal Conveyor 500mm X 15 Mtr
Conveyor 500 mm X 15 Mtr
Radial Conveyor 500mm X 15mtr
Main Conveyor 500 mmx21 Mtr Ground Duct to Impactor
Conveyor 500 mm X18 Mtr Impactor to Vibrating Screen
Recycle Conveyor 500mmx21 Mtr
Stock Pile 500mm X 15 Mtr
Electric Control Panel With, Starters, Cables, Push Buttons, Led Display, Indicator Lamps etc.
suitable for the entire Crushing & Screening Plant
Feeding Size -250 mm
Capacity 20-25 TPH
Bulk Density 1.6-1.8 ton/cum
Impact Work Index 20
Moisture 0.5% by weight
Recycling Products 0-6mm, 06-10mm, 10-20mm
Power Required for plant Machinery 152 Kw (204 HP)

2.2 Renewal of Concession

MSCL may agree to renew or extend the Concession period as may be mutually agreed to and
on such terms and conditions as mutually agreed upon after the expiry of the term.

2.3 Use of Suitable Technology

Without prejudice to the generality of the foregoing, Concessionaire shall have the right to
develop the Project Facilities using such technology that it considers suitable, environmentally
and financially sustainable for the purposes of implementing the Project, in accordance with
terms of this Agreement and Applicable Laws.

a. The Concessionaire shall use the technology approved by MSCL as a part of the project
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plan for the Facility.

b. Without prejudice to the generality of the foregoing, the Concessionaire shall have the
right to develop Facility using such technology that it considers suitable and commercially
viable for the purposes of implementing the Project.
c. In case of change the Technology Concessionaire shall satisfy the MSCL/MSCL appointed
consultant technically and take approval from MSCL of the same and shall provide
necessary justification and presentation of making the change.

2.4 Civil Works to be undertaken

1. Guard Room
2. Toilet Block
3. Office
4. Weigh Bridge
5. Godown
6. Substation, Transformer and DG Set Foundation
7. C&D Waste Recycle plant (Foundation),Site development work
8. Boundary Wall with Entry Gate
9. Borewell + Tubewell
(Note: All the works should adhere to UPPWD and CPPWD rules and guidelines)

Tentative Layout Plan

The tentative layout plant for the C&D Waste processing plant is attached on the
next page.

2.5 Electric Connection, Power Backup and Other Equipment to be

Installed
1. Transformer 250 kVA
2. DG Set 125 kVA
3. Weigh Bridge 50 MT
4. Power Connection (180 kW)

2.6 Vehicles to be procured for Loading and Unloading of the C&D Waste
and Recycled Waste
1. Front End Loader with Backhoe
2. Skit Steer Loader
Note: For Collection and Transportation of C&D Waste the Contractor will have to assess the
requirement and submit a plan to MSCL upon approval of which the relevant vehicles has to be
procured.

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TENTATIVE LAYOUT PLAN FOR C&D WASTE PROCESSING PLANT BOUNDARY WALL

3.5m x 69m Parking Area

7 DG SET

5.000
5m - wide road
TRANSFORMER

10
ELECTRIC POLE 8

SUB - STATION
1.0m WIDE APPRON

3.0MX3.0M
ROOM

W
W
BOUNDARY WALL

BOUNDARY WALL
6
10
Hopper Magnatic
Grizzly Filter Washing Unit Jaw Crusher separater
Vibrarory Screen-2 Sludge Pond
Vibrarory Screen-1 0-5mm
5.000 5.000

10

C&D WASTE RECYCLE PLANT Paver / Hollo Brick

GODOWN
45mx19m Iron Scrap Machine

9
v
5

5m- Wide Road

v
TOILET BLOCK
v
5.000

5.000
10
v v v

D2
D2

D2
W

WEIGH BRIDGE
W W

D1

D1

D1

9.0m x 3.0m

3.0mx3.0m
ROOM
C

W
W

OFFICE ROOM-1 OFFICE ROOM-2 3 R

10.0mx8.0m 6.5mx8.0m T

W
W
D
w
4
W

W
2 B
A

D
P
D

W W

3.000
3m - wide road 11 10

D
GUARD ROOM
3.0mx3.0m

W
W

1 N
D

ENTRY GATE
 RFP: C&D Waste

ARTICLE 3 - PROJECT SITE

3.1 Vesting of Site
The Authority shall grant land on lease / rent to Concessionaire at a nominal fee of Re.1
per sqm per year during the concession Period. The Authority hereby agrees that the land
constituting the Site shall be vested with the Concessionaire under a lease/rent agreement, to
implement the Project and for the purposes of the development of the Project Facilities for
enabling Concessionaire to discharge its functions of management, treatment, processing and
disposal of construction and demolition waste. The license for construction and operations at Site
shall be granted by MSCL/ Moradabad Municipal Corporation.

3.2 Rights, Title and Use of the Site

 The Concessionaire shall have the right to the use the Site in accordance with the provisions
of this Agreement;
 The Concessionaire shall not part with or create any Encumbrance on the whole or any
part of the Site save and except with the written consent of the Authority.
 The Concessionaire shall not, without the prior written approval of, use the Project
Facilities for any purpose other than for the purpose of the Project and purpose
incidental or ancillary thereto.
 The Concessionaire shall allow access to and use of the Site for laying/ installing/
maintaining telegraph lines, electric lines 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 and that the Authority shall, in the event of any physical Damage/ shifting of the
Project Facilities on account thereof, ensure that the Project Facilities are promptly restored
at cost and expense of the Authority.
 The Concessionaire shall not be allowed to sell or mortgage the land in any circumstances.
The Concessionaire shall not be allowed to sub let of rent out the land in any circumstances.

3.3 Peaceful Possession

The Authority hereby warrants that:

 The Site together with the necessary Right of Way/way-leaves 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 Concessionaire shall, in respect of the Site,
have no liability regarding any compensation payment on account of land acquisition or
rehabilitation/ resettlement of any Persons affected thereby.

 The Concessionaire shall, subject to complying with the terms and conditions of this
Agreement, remain in peaceful possession and enjoyment of the whole Site during the
Concession Period and in the event the Concessionaire is obstructed by any Person claiming
any right, title or interest in or over the Site or any part thereof or in the event of any
enforcement action including any attachment, restraint, appointment of receiver or
liquidator being initiated by any Person claiming to have any interest in/charge on the Site
or any part thereof the Authority shall as called upon by the Concessionaire, defend such
claims and proceedings at its costs and also keep the Concessionaire indemnified

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against any consequential loss or Damages which the Concessionaire may suffer, on
account of any such right, title, interest or charge.

 The Concessionaire is entitled to use the facility of landfill for disposal of inert waste. The
waste sent to the Disposal Site shall not be more that 20% of the total waste received
at the project facility.

3.4 Applicable Approvals

The Concessionaire shall as per the Applicable Laws obtain and maintain the Applicable
Approvals in such sequence as is consistent with the requirements of the Project. The
Authority shall provide all necessary co- operation/ assistance for obtaining the permission. The
Concessionaire shall comply with the terms and conditions subject to which Applicable Approvals
have been issued.

3.5 Overriding powers of the Authority

3.5.1 If in the reasonable opinion of the Authority, the Concessionaire is in material breach of
its obligations under this Agreement and, in particular, the O&M Requirements, and such
breach is causing or likely to cause material hardship or danger to the waste
generators, the Authority may, without prejudice to any of its rights under this Agreement
including Termination thereof, by notice require the Concessionaire to take reasonable
measures immediately for rectifying or removing such hardship or danger, as the case
may be.

3.5.2 In the event that the Concessionaire, upon notice, fails to rectify or remove any hardship
or danger within a reasonable period, the Authority may exercise overriding powers and
take over the performance of any or all the obligations of the Concessionaire to the
extent deemed necessary by it for rectifying or removing such hardship or danger;
provided that the exercise of such overriding powers by the Authority shall be of no
greater scope and of no longer duration than is reasonably required hereunder; provided
further that any costs and expenses incurred by the Authority in discharge of its
obligations hereunder shall be deemed to be O&M expenses, and the Authority shall be
entitled to recover them from the Concessionaire in accordance with the provisions of
this Agreement along with the Damages.

3.5.3 In the event of a national emergency, civil commotion or any other actspecified in
Clause 8.2, the Authority may take over the performance of any or all the
obligations of the Concessionaire to the extent deemed necessary by it, and exercise such
control over the Project or give such directions to the Concessionaire as may be deemed
necessary; provided that the exercise of such overriding powers by the Authority shall be
of no greater scope and of no longer duration than is reasonably required in the
circumstances which caused the exercise of such overriding power by the Authority.
For the avoidance of doubt, it is agreed that the consequences of such action shall be
dealt in accordance with the provisions of Article 8. It is also agreed that the
Concessionaire shall comply with such instructions as the Authority may issue in
pursuance of the provisions of this Clause 3.5 and shall provide assistance and
cooperation to the Authority, on a best effort basis, for performance of its
obligations hereunder.

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ARTICLE 4
CONCESSIONAIRE’S OBLIGATIONS
In addition to and not in derogation or substitution of any of its other obligations under this
Agreement, the Concessionaire shall have the following obligations:

4.1 Performance Bank Guarantee (PBG)

The Successful Bidder has, for due and punctual performance of its obligations hereunder relating
to the Project, delivered to the Authority simultaneously with the execution of this Agreement a
Bank Guarantee from a scheduled/ nationalized Bank in the form as set out in Appendix IX,
(“Performance Security”) for a sum of Rs. 15,00,000.00 ( Rs. Fifteen Lacs only) within 15 (fifteen)
days of the date of LOA. The PBG shall be valid for the 15 years. The successful bidder can submit
the Bank Guarantee for 2 years which shall be renewed for next two years before the expiry of
the Bank Guarantee. Until such time the Performance Security is provided by the Concessionaire
pursuant hereto and the same comes into effect, the Bid Security Declaration shall remain in
force and effect, and upon such provision of the Performance Security pursuant hereto, the
Authority shall release the Concessionaire with the conditions of Bid Security Declaration.

The renewal of the PBG as and when required is to be done by the Concessionaire at least one
month before the date of expiry of the existing PBG, failing which, the Authority is entitled to
revoke the PBG. Provided that if the Agreement is terminated due to any event other than a
Concessionaire Event of Default, the PBG, if subsisting as on the Termination Date shall, subject
to the Authority’s right to receive amounts, if any, due from Concessionaire under this
Agreement, be duly discharged and released to Concessionaire within 30 days from the
Termination Date.

Notwithstanding anything to the contrary contained in this Agreement, in the event

Performance Security is not provided by the Concessionaire within a period of 15 (Fifteen) days
from the date of LOA, the Authority may apply the clauses of the Bid Security Declaration and
appropriate the clauses thereof as Damages, and thereupon all rights, privileges, claims and
entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to
have been waived by, and to have ceased with the concurrence of the Concessionaire, and this
Agreement shall be deemed to have been terminated by mutual agreement of the Parties.

4.2 Financing Support

The Concessionaire shall at its cost, expenses and risk make financing arrangements for the cost
to be incurred during the implementation of the Project, as may, be necessary to implement
the Project and to meet all of its obligations under this Agreement, in a timely manner.

4.3 Project Planning and Approvals

 Investigate, study, design, develop, finance, construct, establish, operate and maintain the
Project Facilities and maintenance, in accordance with the provisions of this Agreement,
Scope of Works, the terms of Applicable Approvals, the Applicable Laws and Good Industry
Practice;
 Prepare a surface and ground water, leachate and air emission monitoring programme in
accordance with the Applicable Laws including SPCB requirements, MoEF guidelines and
Construction and demolition waste Rules and comply with its requirements;
 Operate and maintain the Project Facilities during the Concession Period and maintenance,
at its cost and expense, and in conformity with this Agreement including but not limited
to the Construction and demolition waste Rules, Technical Specifications and Good
Industry Practice;

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 Arrange and access at its cost and expense all infrastructural facilities like water, electricity
and goods, materials, consumables, things and services etc. as necessary for the
implementation of the Project and make arrangements for back-up supply of power;
 Be responsible for safety, soundness and durability of the Project Facilities including
all structures forming part thereof and their compliance with the provisions of this
Agreement, including the Technical Specifications and Good Industry Practice;
 Shall ensure that no such technology is used that is banned by Government of
India

4.4 Applicable Permits and Applicable Laws

 Obtain, maintain and periodically renew the requisite authorization under the Applicable
Laws and in particular the Construction and demolition waste Rules for
establishing, managing and operating and maintaining the Project Facilities,
 Obtain, maintain and periodically renew at its cost all Applicable Approvals, including
environmental clearances, in conformity with the Applicable Laws and be in compliance
therewith at all times;
 Comply with the obligations at all times, under any approval or issued from time to time
by any Government Authority, including without limitation the GoUP, GoI (under the
Environment Protection Act, etc), the SPCB and the CPCB, and not undertake any act,
deed or thing that violates the terms and conditions of any approval, clearance
or no-objection certificate granted by such authority in relation to the Project;
 Procure and maintain in full force and effect, as necessary, appropriate proprietary rights,
intellectual property rights, licenses, agreements and permissions for materials, methods,
processes and systems used in or incorporated into the Project;
 Be in compliance with the Applicable Laws, including without limitation those relating to
construction and demolition waste, safety, health, sanitation, environment and labor, as
amended from time to time, and the statutory and regulatory framework relating
to the implementation of the Project and the establishment, operation and maintenance,
including post closure maintenance of the Project Facilities. Without limiting the generality
of the foregoing, the Concessionaire shall comply with the Environment (Protection) Act,
1986, the construction and demolition waste Rules, the Water Pollution Act, 1974, the
Public Liability Insurance Act, 1991, the Water (Prevention and Control of Pollution) Cess
Act, 1977, the Air (Prevention and Control of Pollution) Act, 1981, the Motor Vehicles Act,
1988 and the rules framed there under by GoUP or GoI, as the case may be.

4.5 Liability
 Be the applicant, the authorized person, the occupier, and operator of the Project Facilities
under and for the purposes of the Applicable Laws, including the Construction and
demolition Rules. The Concessionaire accepts all liability and shall be liable under the
Applicable Laws or otherwise for the implementation, operation and maintenance of
the Project Facilities and indemnify and keep indemnified at its cost the Concessioning
Authority and the Government Authorities from and against any liability arising due to
its acts or deeds or lack of any of its acts or deeds either by itself or Persons claiming
through or under it, for the Project;
 Bear at its cost and consequence, all risks of loss of or damage to life, limb, personal
injury, death, physical property and environment, in or around the Project Site(s) or in
relation to implementation of project, which arise in connection with or in consequence of
the performance of the Construction Works by the Concessionaire or Persons claiming

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through or under it. Concessionaire shall restore and/or compensate at its cost as the case
may be for all such losses or damages;
 Be liable for all cost overruns in the implementation of the Project, save and except as
expressly provided herein;
 Be liable for its contracts with its Contractors, personnel, labour or any Third Party. The
Concessioning Authority shall not be liable in any manner in this behalf;
 Be solely liable for any cost or price escalation resulting from fluctuation in the prices of
goods, materials, consumables, things and services used in the construction and
implementation of the Project and not be exempted from its obligation to implement
the Project or compensated in any form on account of any such escalation.

4.6 Processing Facilities Site /Project Sites

 Not to place or create nor to permit any Contractor or other Person claiming through or
under the Concessionaire to create or place any Encumbrance over all or any part of the
Processing Facilities Site and Project Site(s) or on any rights of the Concessioning Authority
therein;
 Ensure that the Processing Facilities Site and Project Sites remains free from all
encroachments and take all steps necessary to remove encroachments, if any;
 Confine its operations and activities to the Processing Facilities Site and Project Site(s) and
to any additional areas arranged by it at its cost and shall not encroach upon, damage or
degrade adjacent land and be liable for all costs and consequences for a failure to do so;
 Not undertake any act, deed or thing in derogation of or that violates the terms and
conditions of the Processing Facilities Site Lease Deed and Project Site Lease Deed(s)
between the Concessionaire and MSCL.
 Remove promptly according to Good Industry Practice from the Processing Facilities
Site and Project Site(s) all surplus construction machinery and material, litter, debris,
waste water, rubbish and other debris and keep the Processing Facilities Site and Project
Site(s) in a neat and clean condition and in conformity with the Applicable Laws and
Applicable Approvals;
 Be liable for all hazardous, dangerous and other goods, materials, creatures and
substances brought , kept, stored or handled at the site/ Project Facilities.

4.7 Personnel and Labour

 Appoint and retain the key personnel and team leader as required for the smooth
functioning of the Project. In the event the Concessionaire is required by the Concessioning
Authority to remove or change any key personnel, it shall forthwith provide as replacement
a Person of equivalent or higher qualifications acceptable to the Concessioning Authority;
 Provide the requisite training related to the handling and management of Construction and
demolition waste to all persons (the labour and personnel of the Concessionaire, its
Contractors, agents or otherwise) employed or working at the Project Facilities;
 Make efforts to maintain harmony and good industrial relations among the labour and
personnel employed in connection with the performance of the Concessionaire's
obligations under this Agreement and be the primary employer, vis-a-vis the
Concessioning Authority in respect of such labour and personnel;
 Be solely responsible and liable for compliance with all Applicable Laws, including
labour and local laws, pertaining to the employment of labour, staff and personnel by
it and its Contractors for implementing the Project;
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 At all times be responsible for its employees and Contractors and the Concessioning
Authority shall not be liable in any manner whatsoever in respect of such
employees and their employment.

4.8 Safety and Accidents

 Give priority to safety in its construction and planning activities in order to protect life,
health, property and environment;
 Develop, implement and administer a surveillance and safety program for the Project
Facilities, the Concessionaire’s and Contractors’ labour and personnel engaged in the
provision of any services under any of the Project Agreements and goods and Persons
in or within the proximity of the Processing Facilities Site and Project Site(s), including
correction of safety violations and deficiencies, and taking of all other actions necessary to
provide a safe environment in accordance with Applicable Laws and Good Industry Practice;
 take all reasonable precautions for the prevention of accidents and emergencies on or
about the Processing Facilities Site and Project Site(s)/Project Facilities, including from fire,
explosion, unplanned release of Construction and demolition waste etc. by installing
firefighting devices, alarms and communication systems and maintaining adequate
water supply, safety equipment and materials at the Project Facilities. The Concessionaire
shall liaison and maintains contact with Emergency response teams, hospitals, police, the
fire department, taxi services etc. The Concessionaire shall provide all reasonable
assistance and Emergency medical aid to accident victims;
 Implement the environment management plan (EMP), the Safety, Health and Environment
programme (SHE) and fire protection programme in accordance with the Good Industry
Practice.

4.9 Taxes
 Pay all charges, Taxes, fines, late fees and other outgoings in relation to the use of utilities
and services by the Concessionaire or its Contractors and agents during the
implementation and operation of the Project such as water supply, sewage disposal,
fuel, electric power, gas, telephone and other utilities and consumables used in the
implementation of the Project and ensure avoidance of any disruption thereof
due to disconnection or withdrawal of the facility;
 Pay in a timely manner all Taxes, duties, levies, cess and charges including but not
limited to income tax, sales tax, value added tax, excise duty, customs duty and Octroi
that may be levied, claimed or demanded from time to time by any Government
Authority, including any increase therein effected from time to time by any Government
Authority, in respect of the Project.

4.10 Others
 Not carry out any business or undertake any project that is in competition, direct
or indirect, with the Project/Project Facilities;
 Upon the establishment of on-line waste management/tracking systems at the Project
Facilities, the Concessionaire shall have such systems linked to the regional and/or central
monitoring systems installed at the Concessioning Authority, SPCB or other
Government Authorities.

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ARTICLE 5
CONCESSIONING AUTHORITY’S OBLIGATIONS
Subject to and in accordance with the provisions of this Agreement, the Concessioning
Authority shall have the following obligations:

5.1. Obligations
The Concessioning Authority shall:

a) Meet the Conditions Precedent for Concessioning Authority – Processing in timely

manner or in extended time as may be agreed between the parties
b) Execute the Project Site (s) Lease Deed (s);
c) Grant in a timely manner all such approvals, permissions and authorizations which the
Concessionaire may require or is obliged to seek from the Concessioning Authority under
this Agreement, in connection with implementation of the Project and the performance
of its obligations.
d) Without prejudice to the generality of Clause 5.1 (a) above: Recommend and forward to
the relevant

i. authority/ministry/department, any application of the Concessionaire to obtain any

Applicable Approval
ii. Ensure that the building plans for the Project Facilities at
Processing Facilities Site and Project Sites are duly and expeditiously
approved by the concerned authorities under the Act / building by-laws / other
relevant by-laws or regulations;

iii. Ensure peaceful use of the Processing Facilities Site and Project Site(s) by
the Concessionaire under and in accordance with the provisions of this Agreement
without any let or hindrance from any Persons claiming through or under the
Concessioning Authority;

iv. Make timely payment to the Concessionaire in accordance with the provisions of
this Agreement.

v. Concessioning Authority to assist in collection of waste of 110 tons per day

(monthly average) during entire concession period.

vi. The Authority shall ensure that bio-medical, hazardous or electronic waste shall,
as far as possible, and other waste not be included in the definition of Construction
and demolition waste, be not provided to Concessionaire.

e) MSCL/Municipal Corporation will support the PPP partner in utilizing the construction and
demolition waste by utilizing in its own projects as far as possible.

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ARTICLE 6
FORCE MAJEURE
As used in this Agreement, the expression " Force Majeure" or " Force Majeure Event" shall
mean occurrence in India of any or all of Non- Political Event, Indirect Political Event and Political
Event, as defined in Clauses 6.1, 6.2 and 6.3 respectively, if it affects the performance by the
Party claiming the benefit of Force Majeure (the " Affected Party") of its obligations under this
Agreement and which act or event (i) is beyond the reasonable control of the Affected Party, and
(ii) the Affected Party could not have prevented or overcome by exercise of due diligence
and following Good Industry Practice, and (iii) has Material Adverse Effect on the Affected Party.

6.1. Non-Political Event

A Non-Political Event shall mean one or more of the following acts or events:

(i) act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide,
cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionizing radiation, fire
or explosion (to the extent of contamination or radiation or fire or explosion originating from a
source external to the Site);

(ii) strikes or boycotts (other than those involving Contractors, or their respective
employees/representatives, or attributable to any act or omission by any of them) interrupting
supplies and services to the Project for a continuous period of 48 (forty eight) hours and an
aggregate period exceeding 10 (ten) days in an Accounting Year, and not being an Indirect
Political Event set forth in Clause 6.2;

(iii) any failure or delay of a Contractor but only to the extent caused by another Non- Political
Event and which does not result in any offsetting compensation being payable to the
Concessionaire, by, or on behalf of such Contractor;

(iv) any judgment or order of any court of competent jurisdiction or statutory authority made
against the Concessionaire in any proceedings for reasons other than (a) its own failure to
comply with any Applicable Law or Applicable Permits, or (b) on account of its own breach of
any Applicable Law or Applicable Permit or of any contract, or (c) enforcement of
this Agreement, or (d) exercise of any of its rights under this Agreement by the Government;

(v) The discovery of geological conditions, toxic contamination or archaeological remains on the
Site that could not reasonably have been expected to be discovered through a Site inspection;
or.

(vi) Any event or circumstances of a nature analogous to any of the foregoing.

6.2. Indirect Political Event

An Indirect Political Event shall mean one or more of the following acts or events:

(i) An act of war (whether declared or undeclared), invasion, armed conflict or act by
foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion
or politically motivated sabotage;

(ii) Industry-wide or State-wide strikes or industrial action for a continuous period

of 48 (forty eight) hours and exceeding an aggregate period of 10 (ten) days in an Accounting
Year;

(iii) Any civil commotion, boycott or political agitation which prevents collection of User Charges
by the Concessionaire for an aggregate period exceeding 30 (thirty) days in an Accounting Year;

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(iv) Any failure or delay of a Contractor to the extent caused by any Indirect Political Event and
which does not result in any offsetting compensation being payable to the Concessionaire by or
on behalf of such Contractor;

(v) Any Indirect Political Event that causes a Non-Political Event; or

(vi) Any event or circumstances of a nature analogous to any of the foregoing.

6.3. Political Event

A Political Event shall mean one or more of the following acts or events by or on account of
any Government Instrumentality:

(a) Compulsory acquisition in national interest or expropriation of anProject Facilities or

rights of the Concessionaire or of the Contractors;

(b) unlawful or unauthorized or without jurisdiction revocation of or refusal to renew or

grant without valid cause, any clearance, license, permit, authorization, no objection
certificate, consent, approval or exemption required by the Concessionaire or any of the
Contractors to perform their respective obligations under this Agreement and the Project
Agreements; provided that such delay, modification, denial, refusal or revocation did not result
from the Concessionaire or any Contractor's inability or failure to comply with any condition
relating to grant, maintenance or renewal of such clearance, license, authorization, no objection
certificate, exemption, consent, approval or permit;

(c) any failure or delay of a Contractor but only to the extent caused by another Political Event
and which does not result in any offsetting compensation being payable to the Concessionaire by
or on behalf of such Contractor; or

(d) Any event or circumstance of a nature analogous to any of the foregoing.

6.4. Duty to report Force Majeure Event

6.4.1 Upon occurrence of a Force Majeure Event, the Affected Party shall by notice report such
occurrence to the other Party forthwith. Any notice pursuant hereto shall include full particulars
of:

a) The nature and extent of each Force Majeure Event which is the subject of any claim for
relief under this Article 6 with evidence in support thereof;

b) The estimated duration and the effect or probable effect which such Force Majeure Event is
having or will have on the Affected Party's performance of its obligations under this Agreement;

c) The measures which the Affected Party is taking or proposes to take for alleviating the impact
of such Force Majeure Event; and

d) Any other information relevant to the Affected Party‟s claim.

6.4.2 The Affected Party shall not be entitled to any relief for or in respect of a Force Majeure
Event unless it shall have notified the other Party of the occurrence of the Force Majeure
Event as soon as reasonably practicable, and in any event not later than 7 (seven) days
after the Affected Party knew, or ought reasonably to have known, of its occurrence, and
shall have given particulars of the probable material effect that the Force Majeure Event is likely
to have on the performance of its obligations under this Agreement.

6.4.3 For so long as the Affected Party continues to claim to be materially affected by such Force
Majeure Event, it shall provide the other Party with regular (and not less than weekly) reports

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containing information as required by Clause 6.4.1, and, such other information as the other
Party may reasonably request the Affected Party to provide.

6.5. Effect of Force Majeure Event on the Concession

Upon the occurrence of any Force Majeure Event prior to the Compliance Period and Scheduled
Construction Completion Date(s) shall be extended accordingly by a period equal in length
to the duration of the Force Majeure Event.

At any time after the Compliance Date if any Force Majeure Event occurs before COD- P and the
dates set forth in the Project Implementation Schedule shall be extended by a period equal in
length to the duration for which such Force Majeure Event subsists; If any Force Majeure Event
occurs after COD-P, the Concession Period shall be extended by a period equal in length to the
duration for which such Force Majeure Event subsists.

6.6. Allocation of costs arising out of Force Majeure

a. Upon occurrence of a Force Majeure Event after the Compliance Date – CT, the costs incurred
and attributable to such event and directly relating to the Project till COD-P (“Force Majeure
Costs") shall be allocated and paid as follows:

i. upon occurrence of a Non-Political Event, the Parties shall bear their respective Force Majeure
Costs and neither Party shall be required to pay to the other Party any costs thereof;

ii. upon occurrence of an Indirect Political Event, all Force Majeure Costs' attributable to such
Indirect Political Event, and not exceeding the Insurance Cover for such Indirect Political Event,
shall be borne by the Concessionaire, and to the extent Force Majeure Costs exceed such
Insurance Cover, one half of such excess amount shall be reimbursed by the Concessioning
Authority to the Concessionaire; and

iii. Upon occurrence of a Political Event, all Force Majeure Costs attributable to such Political
Event shall be reimbursed by the Concessioning Authority to the Concessionaire.

(b) For the avoidance of doubt, Force Majeure Costs may include interest payments on debt,
O&M Expenses, any increase in the cost of Construction Works on account of inflation
and all other costs directly attributable to the Force Majeure Event, but shall not include loss of
Fee, revenues or debt repayment obligations, and for determining such costs, information
contained in the Financial Proposal may be relied upon to the extent that such information is
relevant.

(c) Save and except as expressly provided in this Article 6, neither Party shall be liable in any
manner whatsoever to the other Party in respect of any loss, damage, cost, co- expense,
claims, demands and proceedings relating to or arising out of occurrence or existence of any
Force Majeure Event or exercise of any right pursuant hereto.

6.7. Termination Notice for Force Majeure Event

If a Force Majeure Event subsists for a period of 180 (one hundred and eighty) days or
more within a continuous period of 365 (three hundred and sixty five) days, either Party may
in its discretion terminate this Agreement by issuing a Termination Notice to the other
Party without being liable in any manner whatsoever, save, as provided in this Article 6, and
upon issue of such Termination Notice, this Agreement shall, notwithstanding anything to the
contrary contained herein, stand terminated forthwith; provided that before issuing such
Termination Notice, the Party intending to issue the Termination Notice shall inform the other
Party of such intention and grant 15 (fifteen) days‟ time to make a representation, and may

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after the expiry of such 15 (fifteen) days period, whether or not it is in receipt of such
representation, in its sole discretion issue the Termination Notice.

6.8. Termination Payment for Force Majeure Event

Upon occurrence of a Force Majeure Event resulting in Termination of the Agreement, the
Concessioning Authority shall make payments in line with the following, to the Concessionaire
(“Termination Payments”):

(i) If Termination is on account of a Non-Political Event, the Concessioning Authority

shall make a Termination Payment to the Concessionaire of an amount equal to 90% (ninety per
cent) of the Debt Due less Insurance Cover for assets under the Concessionaire‟s ownership.

(ii) If Termination is on account of an Indirect Political Event, the Concessioning Authority shall
make a Termination Payment to the Concessionaire of an amount equal to:

a. Debt Due less Insurance Cover for assets under the Concessionaire ownership; provided that
if any Insurance claims forming part of the Insurance Cover are not admitted and paid, then 80%
(eighty per cent) of such unpaid claims shall also be included in the computation of Termination
Payments; plus

 110% (one hundred and ten per cent) of the Adjusted Equity.
 Adjusted equity shall always be equal to the current market assets value of the project
at the time of termination.
(iii) If Termination is on account of a Political Event, the Concessioning Authority shall pay an
amount that would be payable under Clause 7.2 as if it were a Concessioning
Authority‟s Default.

6.9. Dispute resolution

In the event that the Parties are unable to agree in good faith about the occurrence or existence
of a Force Majeure Event, such Dispute shall be finally settled in accordance with the Dispute
Resolution Procedure; provided that the burden of proof as to the occurrence or existence of
such Force Majeure Event shall be upon the Party claiming relief and/or excuse on account of
such Force Majeure Event.

6.10. Excuse from performance of obligations

If the Affected Party is rendered wholly or partially unable to perform its obligations under this
Agreement because of a Force Majeure Event, it shall be excused from performance of such
of its obligations to the extent it is unable to perform; provided that:

(a) The suspension of performance shall be of no greater scope and of no longer duration than
is reasonably required by the Force Majeure Event;

(b) the Affected Party shall make all reasonable efforts to mitigate or limit damage to the other
Party arising out of or as a result of the existence or occurrence of such Force Majeure Event and
to cure the same with due diligence; and

(c) When the Affected Party is able to resume performance of its obligations under this
Agreement, it shall give to the other Party notice to that effect and shall promptly resume
performance of its obligations hereunder.

6.11. Change in Law

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(a) Change in Law shall mean the occurrence or coming into force of any of the following, after
the Appointed Date:

i. The enactment of any new Indian law;

ii. The repeal, modification or re-enactment of any existing Indian law;

iii. A change in the interpretation or application of any Indian law by a court of record;

iv. Any order, decision or direction of a court of record. Provided that Change in Law shall not
include:Coming into effect, after the Appointed Date, of any provision or statute which is already
in place as of the Appointed Date, Any new law or any change in the existing law under the active
consideration of or in the contemplation of any government as of the Appointed Date which is a
matter of public knowledge;Any change in the rates of the Taxes.

(b) Subject to Change in Law resulting in Material Adverse Effect and subject to the
Concessionaire taking necessary measures to mitigate the impact or likely impact of Change in
Law on the Project, if as a direct consequence of a Change in Law, the Concessionaire is obliged
to incur Additional Costs, then Concessioning Authority shall subsequently reimburse to the
Concessionaire, 100% of such Additional Costs, provided such Additional Cost in any manner as
may be mutually agreed upon by Parties.

(c) If as a result of Change in Law, the Concessionaire benefits from a reduction in costs or
increase in net after-tax return or other financial gains, the Concessioning Authority may
by notice require the Concessionaire to pay an amount that would place the Concessionaire
in the same financial position that it would have enjoyed had there been no such Change in Law,
and within 15 (fifteen) days of receipt of such notice, along with particulars thereof, the
Concessionaire shall pay the amount specified therein to the Concessioning Authority.

(d) Upon occurrence of a Change in Law, the Concessionaire may notify the Concessioning
Authority of the following:

 The nature and the impact of Change in Law on the Project in sufficient detail,
 The estimate of the Additional Cost likely to be incurred by the Concessionaire on account
of Change in Law
 The measures, which the Concessionaire has taken or proposes to take to mitigate the
impact of Change in Law, including in particular, minimizing the Additional Cost
 The relief sought by the Concessionaire

(e) Upon receipt of the notice of Change in Law issued by the Concessionaire pursuant to
preceding sub-article, the Concessioning Authority and the Concessionaire shall hold discussions
and take all such steps as may be necessary including determination by the Project
Engineer/Concessioning Authority of the quantum of the Additional Cost to be borne and paid
by the Concessioning Authority.

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ARTICLE 7
EVENTS OF DEFAULT AND TERMINATION
7.1. Events of Default

“Event of Default” shall mean either the Concessionaire Event of Default or the Concessioning
Authority’s Event of Default or both as the context may admit or require.

(a)The Concessionaire Event of Default

Any of the following events shall constitute an Event of Default by the Concessionaire (" Event
of Default - Concessionaire") when not caused by the Concessioning Authority’s Event of
Default or Force Majeure Event:

(i) The Concessionaire has failed to achieve Performance Parameters as specified in tender
document.

(ii) The Concessionaire has caused Abandonment of the Project.

(iii) The Concessionaire has failed to make any payments due to the Concessioning Authority
more than sixty (60) days have elapsed since such payment default.

(iv) The Concessionaire is in Material Breach of any of its obligations under this Agreement and
the same has not been remedied for more than sixty (60) days.

(v) A resolution for voluntary winding up has been passed by the shareholders of The
Concessionaire.

(vi) Any petition for winding up of the Concessionaire has been admitted and liquidator or
provisional liquidator has been appointed or the Concessionaire has been ordered to be wound
up by Court of competent jurisdiction, except for the purpose of amalgamation or reconstruction,
provided that, as part of such amalgamation or reconstruction and the amalgamated or
reconstructed entity has unconditionally assumed all surviving obligations of the Concessionaire
under this Agreement.

(vii) The Concessionaire has committed an Event of default as set out below and there has been
failure/undue delay in carrying out scheduled/planned maintenance or the scheduled/planned
maintenance has not been carried out in accordance with the O&M Requirements as evidenced
by events of significance that resulted in prolonged interruptions of waste processing
for the period specified in below and affected the Performance Parameters of any of the Project
Facilities.

2. Processing of Construction and demolition waste:

a) Concessionaire may suspend operational activities of one or more components of Processing

Facilities, if required, for undertaking maintenance or repair of any of components of Processing
Facilities. However such planned suspension of Processing Facilities along with any unscheduled
suspension of part or whole of the Processing facilities shall not exceed (seven) 7 consecutive
days and total of (thirty) 30 days in any Financial Year. Penalty shall be applicable for suspension
of operations for 8th consecutive day onwards till 14th consecutive day and up to additional
(fifteen) 15 days in the Financial year. If consecutive days exceed (fourteen) 14 or total number
of such days within any Financial Year exceeds (thirty) 30, it shall result into Concessionaire’s
Event of Default.

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b) Concessionaire shall however inform Concessioning Authority or Project Engineer at least one
week in advance of any planned repair or maintenance work of any of the processing facilities
that may result in the suspension of the operations of the processing plant or a reduction in the
capacity of the plant to process the Construction and demolition waste provided however, no
such information would be required in the event Emergency or accident or any such
unforeseeable event.

c) Concessionaire shall undertake the operation activities of Processing of at least 110 MT per
day construction and demolition waste.

d) Concessionaire shall not dispose off processing rejects at the landfill site if such Residual
Inert Matter/processing rejects contain more than 20% of total waste. However the contractor
is entitled to return back the organic waste if any received with the construction and demolition
waste.

(b) The Concessioning Authority’s Event of Default

Any of the following events shall constitute an event of default by the Concessioning Authority
("Event of Default - Concessioning Authority") when not caused by an Event of Default -
Concessionaire or Force Majeure Event:

(i) The Concessioning Authority is in Material Breach of any of its obligations under this
Agreement and has failed to cure such breach within sixty (60) days of receipt of notice thereof
issued by the Concessionaire

(ii) The Concessioning Authority has unlawfully repudiated this Agreement or otherwise
expressed its intention not to be bound by this Agreement.

(iii) The Concessioning Authority has failed to make any payments due to concessionaire and
more than ninety (90) days have elapsed since such payment default;

7.2. Parties Rights

(a) Upon the occurrence of the Concessionaire Event of Default, the Concessioning Authority
shall without prejudice to any other rights and remedies available to it under this Agreement is
entitled to terminate this Agreement.

(b) Upon the occurrence of the Concessioning Authority Event of Default, the Concessionaire
shall without prejudice to any other rights and remedies available to It under this Agreement
is entitled to terminate this Agreement:

7.3. Consultation Notice

Either Party exercising its right under Clause 7.2 above, shall issue to the other Party and the
Lenders a notice in writing specifying in reasonable detail the underlying Event of Default(s) and
proposing consultation amongst the Parties and the Lenders to consider possible measures of
curing or otherwise dealing with the underlying Event of Default (the “Consultation Notice”).

7.4. Remedial Process

Following the issue of Consultation Notice by either Party, within a period not exceeding 90
(ninety) days or such extended period as they may agree (the “Remedial Period”) the Parties
shall, in consultation with the Lenders Representative, endeavor to arrive at an agreement as
to the manner of rectifying or remedying the underlying Event of Default. Without prejudice to
this, if the underlying event is an Concessionaire Event of Default, the Parties shall, in
consultation with the Lenders Representative, endeavor to arrive at an agreement as to one or

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more of the following measures and/or such other measures as may be considered appropriate
by them in the attendant circumstances;

(a) The change of management or control/ownership of the Concessionaire;

(b) The replacement of the Concessionaire by a new Concessionaire (“Substitute Entity”)

7.5. Obligations during Remedial Period

During the Remedial Period, the Parties shall continue to perform their respective obligations
under this Agreement capable of performance, failing which the Party in breach shall
compensate the other Party for any loss or damage occasioned or suffered on account of the
underlying failure/breach.

7.6. Revocation of Consultation Notice

If during the Remedial Period the underlying Event of Default is cured or waived or the Parties
and the Lenders agree upon any of the measures set out in Clause 7.4, the Consultation Notice
shall be withdrawn by the Party that issued the same.

7.7. Step-in rights

The Concessionaire agrees that the Concessioning
operate, maintain etc. the Project Facilities on the
Default. In the event of an Concessionaire Event of
(but shall not be obliged to) operate, or procure and
upon the issue of the Termination Notice.
Authority shall be entitled to administer,
occurrence of an Concessionaire Event of
Default, the Concessioning Authority may
cause operation of the Commercial Facility

7.8. Termination due to Event of Default.

A. Obligation of Parties

Following issue of Termination Notice by either Party, the Parties shall, subject to the provision
of the Financing Documents, Substitution Agreement (prescribed format) (if any) and the rights
of the Lenders provided therein, promptly take all such steps as may be necessary or required
to ensure that:

(i) Until Termination the Parties shall, to the fullest extent possible, discharge their respective
obligations so as to maintain the continued operation of the Project Facilities;

(ii) The Termination Payment, if any, payable by the Concessioning Authority in accordance with
the following Clause 7.10 is paid to the Concessionaire on the Termination Date; and

(iii) The Project Facilities are handed over to the Concessioning Authority by the Concessionaire
on the Termination Date free from any Encumbrance along

B. Withdrawal of Termination Notice

Notwithstanding anything inconsistency contained in this Agreement, if the Party who has
been served with the Termination Notice cures the underlying Event of Default to the
satisfaction of the other Party at any time before the actual Termination occurs, the Termination
Notice shall be withdrawn by the Party which had issued the same. Provided that the Party in
breach shall compensate the other Party for any direct costs/consequences occasioned by the
Event of Default which caused the issue of Termination Notice or as mutually agreed upon by
both parties.

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C. Termination due to Concessionaire event of Default

Upon the termination of this concession agreement on account of Concessionaire event of

Default, the authority shall forfeit the performance security and the Concessionaire will
be allowed to take away only its share of the movable assets placed by him after due financial
calculations.

D. Termination due to Authority event of Default

Upon the termination of this concession agreement on account of Authority event of Default,
the authority shall release the performance security, if subsisting, and the authority shall pay to
the Concessionaire, by way of termination payment an amount equal to it’s share of the book
value (acquisition cost minus accumulated depreciation) of the assets as per book of
accounts at the time of termination.

7.9. Effect of Termination of Waste Off take Agreement(s)

In the event, any of Waste Off take Agreement is terminated during the Concession Period due
to any reason whatsoever and in the opinion of the Concessioning Authority, it affects the viability
or feasibility of the Project substantially, the Concessioning Authority shall have the right to
terminate the Concession Agreement after providing a Termination Notice of not more than 45
days to the Concessionaire. The consequences of such termination shall be in accordance with
Clause 7.8 (for termination due to Event of Default or Clause 6.8. (For termination due to Force
Majeure).

7.10. Rights of the Concessioning Authority on Termination

a) Upon Termination of this Agreement for any reason whatsoever, the Concessioning Authority
shall upon making the Termination Payment, if any, to the Concessionaire and in accordance
with the provisions of the Financing Documents, shall have the power and authority to:

(i) Enter upon and take possession and control of the Project Facilities forthwith free from any
encumbrances; and

(ii) Prohibit the Concessionaire and any person claiming through or under the Concessionaire
from entering upon/ dealing with the Project Facilities or permit a limited number of
representatives of the Concessionaire, as required for pending resolution of any issues thereto;
and

(iii) Take possession and control of all materials, stores, implements, construction Plants and
equipment on or about the Site and as identified by the Concessioning Authority;

b) Notwithstanding anything contained in this Agreement, the Concessioning Authority shall not,
as a consequence of Termination or otherwise, have any obligation whatsoever including but not
limited to obligations as to compensation for loss of Employment, continuance or regularization
of employment, absorption or re- employment on any ground, in relation to any person in the
employment of or engaged by the Concessionaire in connection with the Project, and the
handover of the Project Facilities by the Concessionaire to the Concessioning Authority shall be
free from any such obligation.

7.11. Accrued Rights of Parties

Notwithstanding anything to the contrary contained in this Agreement, Termination pursuant to

any of the provisions of this Agreement shall be without prejudice to accrued rights of any Party
including its right to claim and recover money damages and other rights and remedies which it
may have in law or contract.

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ARTICLE 8
DISPUTE RESOLUTION
8.1. Amicable Resolution
(a) Save where expressly stated to the contrary in this Agreement, any dispute, difference
or controversy of whatever nature between the Parties, howsoever arising under, out of or
in relation to this Agreement (the "Dispute") shall in the first instance be attempted to be
resolved amicably in accordance with the procedure set forth in Clause 8.1 (b) below.

(b) Either Party may require such Dispute to be referred to the Commissioner, Municipal
Corporation Agra and the Chief Executive Officer of the Concessionaire for the time being,
for amicable settlement. Upon such reference, the two shall meet at the earliest mutual
convenience and in any event within fifteen (15) days of such

The Dispute shall be referred to arbitration in accordance with the provisions of Clause 8.2
below.

8.2. Arbitration

(i) Procedure

Subject to the provisions of Clause 8.1, any Dispute, which is not resolved amicably, shall
be finally settled by binding Arbitration under the Arbitration Act. The arbitration shall be by
a panel of three (3) Arbitrators, one (1) to be appointed by each Party and the third to be
appointed by the Two arbitrators appointed by the Parties. The Party requiring arbitration
shall appoint An arbitrator in writing, inform the other Party about such appointment and
call upon The other Party to appoint its arbitrator. If within thirty (30) days of receipt
of such intimation, the other Party fails to appoint its arbitrator, the Party seeking
appointment of arbitrator may take further steps in accordance with Arbitration Act.

(ii) Place of Arbitration

The place of arbitration shall ordinarily be Moradabad city.

(iii) Language

The request for arbitration, the answer to the request, the terms of reference, any
Written submissions, any orders and awards shall be in English and, if oral hearings Take
place, English/Hindi shall be the language to be used in the hearings. Any party using
Hindi/other than English as language shall supply the other party an authorized Transcript
of true translation of its submissions into English at its costs and expenses.

(iv) Enforcement of Award

The Parties agree that the decision or award resulting from arbitration shall be final and
binding upon the Parties and shall be enforceable in accordance with the provisions of
the Arbitration Act subject to the rights of the aggrieved parties to secure relief from any
higher forum.

8.3. Performance during Dispute

Pending the submission of and/or decision on a Dispute and until the arbitral award is
published, the Parties shall continue to perform their respective obligations under this
Agreement without prejudice to a final adjustment in accordance with such award.

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ARTICLE 9
INTELLECTUAL PROPERTY AND CONFIDENTIALITY
9.1. Proprietary Material
a. The property in all designs, drawings, processes, methods, details, plans, concepts,
technology, specifications, schedules, programs, reports, calculations, documents and Other
works relating to the Project, including intellectual property rights therein or thereto, whether
registered or not, hereafter referred to as " Proprietary Material", which have been or are
hereafter written, originated, made or generated by the Concessionaire or any of its employees,
Contractors, consultants or agents in connection with this Agreement or the design,
development, construction, operation and maintenance of the Project Facilities/ Project, shall be
and remain at all times the property of the Concessionaire, vest exclusively in the Concessionaire
and ensure to the exclusive benefit of the Concessionaire.

b. The Concessionaire, as beneficial owner, hereby grants to the Project and to the
Concessioning Authority a perpetual non-exclusive license to use such Proprietary Material.
Such license shall carry the right to use the Proprietary Material for all purposes connected with
the Project; however, it shall not be transferable to a Third Party. Such license
shall automatically get extended to the Concessioning Authority for Project purpose only, and
not for Third Party use or transfer, upon the Termination or expiration of this Agreement or the
discharge by the Concessionaire of its duties hereunder.

c. Nothing in this Clause 9.1 shall be construed to grant the Concessioning Authority or Persons
claiming through or under it any right or license with respect to such Proprietary Material,
save and except as otherwise expressly herein.

9.2. Confidentiality

a. The Concessioning Authority shall not at any time divulge or disclose or suffer or permit its
servants or agents to divulge or disclose, transfer, communicate to any Person or use in any
manner for any purpose unconnected with the Project any Proprietary Material or other
information, material, documents, records or data, concerning the Project Facilities, Project, the
Concessionaire and the Concessioning Authority (including any information concerning the
contents of this Agreement) except to its directors, officials, employees, Contractors,
consultants, agents or representatives on a need to know basis or as may be required by any
law, rule, regulation or any judicial process.

b. The Concessioning Authority shall use such Proprietary Material and information Only for the
purposes of this Agreement or as otherwise expressly permitted by the Concessionaire in writing.

c. The Concessionaire shall ensure that all its directors, employees, Subcontractors, consultants,
agents or representatives execute, deliver and comply with customary confidentiality and non-
disclosure agreements reasonably required by the Concessioning Authority, which have
been duly approved by the Concessioning Authority, with respect to the Project.

d. The aforesaid provisions shall not apply to the following information:

i. already in the public domain otherwise than by breach of this Agreement;

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ii. obtained from a Third Party who is free to divulge the same and which was not obtained under
any obligation of confidentiality; or

iii. Disclosed due to a court order or under any Act of GoI /Go XXX

9.3. Survival

The Concessionaire and the Concessioning Authority accepts and confirms that the provisions of
this Article 10 shall survive the expiration or any earlier termination of this Agreement.

Disclaimer

(a) Without prejudice to any express provision contained in this Agreement, the
Concessionaire acknowledges that prior to the execution of this Agreement, the Concessionaire
has, after a complete and careful examination, made an independent evaluation of the Project,
the legal framework and the technical and financial aspects of the Project, the Technical
Specifications, all the information and documents provided by the Concessioning Authority or
any Government Authority, the market and demand conditions, information relating to
Moradabad Smart City Limited/ Moradabad Municipal Corporation and the cost, risks,
consequences and liabilities involved in implementing the Project, and has determined to the
Concessionaire's satisfaction the nature and extent of such difficulties, risks and hazards as
are likely to arise or may be faced by the Concessionaire in the course of performance of its
obligations hereunder.

(b) The Concessionaire accepts that it is solely responsible for the verification of any design,
data, documents or information provided by the Concessioning Authority, any Government
Authority or their consultants and advisors to the Concessionaire and that it shall accept and
act thereon at its own cost and risk.

(c) The Concessionaire shall be solely responsible for the contents, adequacy and correctness of
the design, data, drawings and detailed engineering prepared or procured by the Concessionaire
for implementing the Project.

Obligation to Notify Change

In the event that any of the representations or warranties made/given by a Party ceases to be
true or stands changed, the Party who had made such representation or given such warranty
shall promptly notify the other of the same.

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Special Conditions of Contract:

1. Concession period will be 15 Years including Construction period of plant

will be 6 months.

2. MSCL will provide xx % (as quoted by the successful bidder) cost of the project to
the bidder. Payment to the bidder will be made as per following schedule.

1. On completion of civil works - 30% of the CAPEX Cost (as quoted by the
successful bidder) after the bidder provides details of his share or more investment
in respect to the same.

2. On receipt of plant and machinery at Site - 40% of the CAPEX Cost (as quoted
by the successful bidder) after the bidder provides details of his share or more
investment in respect to the same.

3. After commissioning of Machinery and start of plant at Site. - 30% of the

CAPEX Cost (as quoted by the successful bidder) after the bidder provides details
of his share or more investment in respect to the same.

4. Weigh bridge will have to be installed (Minimum 50-ton capacity) by the

concessionaire at his own cost and keep the daily record of C&D waste and submit
it every month to the MSCL.

5. Time of the start of the project shall be considered from the date of possession of
the land to the bidder.

6. Performance security will be released after 12-year concession period.

7. Water & Electricity required for the project and all clearances from various
departments shall be taken by the bidder. MSCL will make required documentary
support to get them.

8. Product sale will be responsibility of bidder and MSCL may assist.

9. MSCL/MMC will procure material made from construction and demolition waste
as per the guidelines given in the Construction and Demolition Rules 2016 for use
in municipal and government contracts subject to strict quality controls.
MSCL/MMC will also promote use of products in different developmental works.

10. 110 MT per day construction and Demolition waste is ascertained for
the project. Quarterly average of C&D waste received at site will be taken to
calculate the quantity of waste.

11. The bidder will have to deposit every months amount by Fifteenth day of the
next month of the calculated amount in the MSCL account else Rs. 2000 per
day penalty will be levied.

12. 80% payment will be released within 15 days of presentation of bill for CAPEX
share through Rest 20% will be paid on verification of work by the officer
in charge.
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13. For the purpose of this agreement, the land or any building provided by MSCL
will be treated as MSCL’ property. Contractor will not be allowed to mortgage the
land for any purpose. Ownership of land will always be with the MSCL. However,
ownership of plant and machinery shall be contractors property.

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