BOT Tender TMC

THANE MUNICIPAL CORPORATION
PUBLIC WORKS DEPARTMENT
CONTRACT DOCUMENT
FOR
Design and Construction of Foot-Over-Bridges at various location in the

Thane Municipal Limit with Private Financing & Advertisement Rights
on B.O.T. Basis

Design & Construction of Foot Over Bridge at various locations in

Thane Municipal Limit on Build, Operate and Transfer basis
PRICE: Rs. 5000/- PER COPY
SR. No.:
Issued to:
E- Tender TO BE RECEIVED ON:
05.09.2011
UPTO: 12.00 Hours
INDEX
Chapter No.
Name of the Chapter
Page No.
Notice Inviting Tender & Invitation for Bids
46
Chapter No I Detailed Tender Notice
7 10
Chapter No II Instructions to Bidders
11 28
Chapter No III Scope of Work
29 33
Chapter No IV General Conditions of contract
34 59
Chapter No V Special conditions of contract
60 84
Chapter No VI Work Specification for
85 96
construction
8
Chapter No VII Design criteria
97 109
Chapter No VIII Specification for
110 113
maintenance
10
Chapter No IX Form for submission of bid
114 132
and Sample Forms

11
Annexure I & II
133 134
12
Chapter No X Drawings
135 136

(Public Works Department)
(2 nd call)
TENDER NOTICE
Thane Municipal Corporation invites tender in E-tender System for the work
"Construction of Foot over bridge on BOT basis" from
experienced
entrepreneurs, this is second call for the work which was published earlier
vide Tender Notice No: TMC/PRO/Advetisement/ 107/2011-12 dated
01.06.2011.
Blank tender paper can be down loaded from the website of TMC,
www.thanemahapalika.com and www.tmc.abcprocure.com from 20.08.2011 to
05.09.2011 upto 12.00 hours. Online tender shall be received on the website
up to 12.00 hours on 05.09.2011 and will be opened on 05.09.2011 at 4.00 pm
if possible in the presence of the willing entrepreneurs or their representatives.
Sd/City Engineer,
Thane Municipal Corporation
TMC/PRO/Advt./ 234/2011-12/dt 18/8/11
INVITATION FOR BID

Thane Municipal Corporation, Public Works Department has decided to undertake the
following project of Design and Construction of Foot Over Bridge at various location in
Thane Municipal Limit on Design, Build Operate and Transfer Basis by giving
Advertising Display rights to Entrepreneurs.
1
Name of Work
Design and Construction of Foot Over Bridge at

various locations in Thane Municipal Limit on
Build, Operate and Transfer basis
Earnest Money Deposit
Rs. 9,00,000/- only in the form of challan in

favour of Thane Municipal Corporation, Thane.
Amount
Security.
of
performance
Period of Construction
Downloading
documents
Last date of online submission

of tender
05/09/2011 upto 12.00 hrs.
Cost of Document
Rs. 5,151/- (including E-tender charges) per

copy in the form of challan in favour of Thane
Municipal Corporation, Thane.
of
Rs. 18,18,000/Twelve Months
Bid
From 20/08/2011 to 05/09/2011 upto 12.00 hrs.
The Entrepreneurs should note:

1) The agency intending to apply for concession should be eligible and competent to
enter into contract under the Indian Contract Act, 1872.
2}Entrepreneur should have successfully completed in his own name at least two Foot
Over Bridges on road /railway line on PPP/BOT /Department funding basis in last five
years. Experience of Flyover Bridges/Rail Over Bridges (ROBs) will be also considered.
3)The average annual turnover for the last 3 years should be more than
Rs 680 lakhs.
4) The agency should also produce solvency certificate to the tune of 100% of the cost of
work i.e Rs.900.00 lakhs.
5) The Entrepreneur should have been in field of outdoor /out of home advertising/B.O.T.
projects of road/Bridges, Business in India for at least three years.
6) Joint venture share shall be clearly defined in terms of percentage in the registered J.V.
agreement. The registered joint venture deed should be irrevocable till the completion
of work for which they have combine and till all the liabilities thereof are liquidated
and share of contractor of higher category should not be less than 50%. Further, the
percentage share of the Entrepreneur of the lower category in joint venture
partnership/combination should not be more than his limit of eligibility to quote for
works divided by estimated cost of work put to tender.
7) The validity of the tender documents submitted by the tenderer will be 180 days from
the date of opening of the tender and it will be binding on tenderer.
8) The tender notice and tender documents are available on the web site
www.thanemahapalika.com and www.tmc.abcprocure.com .
9) Municipal Commissioner, TMC, Thane reserves the rights to accept the tender in full
or in part or reject any or all tenders without assigning any reason.
Sd/City Engineer,
Thane Municipal Corporation, Thane
CHAPTER 1
DETAILED TENDER NOTICE
CHAPTER-1
DETAILED TENDER NOTICE
Detailed notice inviting tender for Design and Construction of Foot Over Bridge at
various location in Thane Municipal Limit on Design, Build Operate and Transfer Basis
by giving Advertising Display rights to Entrepreneurs.
1.0
General
1.1
The scheme is formulated with a view to encourage and involve private

Entrepreneurs in implementation of infrastructure projects by mobilizing and
deploying their own resources for the purpose. City Engineer, TMC invites
tenders on behalf of Thane Municipal Corporation for Construction of Foot
Over Bridges at following ten locations on Build, Operate and Transfer basis.
1.2
Features
Preparation of Total Designs for Foot Over Bridges at the locations & in
conjunction with the existing site conditions, environment, community demand.
The FOB designs shall meet the functional and material specifications prescribed
by Thane Municipal Corporation.
Construction of Foot Over Bridges with all essential facility at locations and
designs approved by Thane Municipal Corporation in respective locations.
The revenue generation from the Foot Over Bridges shall primarily be from
Advertisements displayed on the FOB structure.
The Locations of the Foot over Bridges are as below.

1. In front of RTO office on Eastern Express Highway.
2.In front of Sri Maa Bal Niketan School on Eastern Express Highway.
3.In front of Forest office, LBS road.
4. In front of Jupiter hospital on Eastern Express Highway.
5. Near Raheja Gardens on LBS road.
6. In front of Singhania School, Pokhran road no1.
7. Near Balkum Pada No 1 on Bhiwandi Road
1.3
The Entrepreneur is expected to recover his total capital outlay, which includes
cost of the project, interest on cost of work, overheads and other incidental
expenses through the display of advertisements in the area shown in relevant
departmental drawing/ Annexure.
1.4
The Entrepreneur may be:

a) An agency should be eligible and competent to enter into contract under
the Indian Contract Act, 1872.
b) A Company registered under Companies Act 1956. It may be noted that the
following conditions must be fulfilled.
1.5
The Entrepreneur must satisfy following criteria:1) Entrepreneur should have successfully completed in his own name at least two
Foot Over Bridges on road /railway line on PPP/BOT /Department funding basis
in last five years. Experience of Flyover Bridges/Rail Over Bridges (ROBs) will
be also considered.
2) The average annual turnover for the last 3 years should be more than
Rs 680 lakhs.
3) The Entrepreneur should have been in field of outdoor /out of home
advertising/B.O.T. projects of road/Bridges, Business in India for at least three
years.
4) The agency should also produce solvency certificate to the tune of 100% of the
cost of work i.e Rs.900 lakhs .
5) The bidder should have total liquid asset and credit facility for a minimum
amount
of
Rs
2.70
crores.
The
necessary
documents/letter
from
Nationalised/Schedule Bank shall compulsory accompany the completed tender

document.
6) Joint venture share shall be clearly defined in terms of percentage in the
registered J.V. agreement. The registered joint venture deed should be
irrevocable till the completion of work for which they have combine and till all
the liabilities thereof are liquidated and share of contractor of higher category
should not be less than 50%. Further, the percentage share of the contractor of
the lower category in joint venture partnership/combination should not be more
than his limit of eligibility to quote for works divided by estimated cost of work
put to tender.
1.6
1.7
Deleted.
Submission of Bids
Bids will be received on 05/09/2011 upto 12.00 hrs and the same will be opened
on 05/09/2011 at 16.00 hrs (If Possible).
Right to reject any or all offers without assigning any reason thereof is reserved.
Sd/City Engineer,
Thane Municipal Corporation
10
CHAPTER II
INSTRUCTIONS TO BIDDERS
11
CHAPTER II
Instructions to Bidders
1
THE SCHEME
The Entrepreneur shall construct and handover to the Thane Municipal
Corporation the following works at the following project site as per approved
details.
a) Design and Construction of Foot Over Bridge across the road at following
locations.
2. In front of Sri Maa Bal Niketan School on Eastern Express Highway.
3 .In front of Forest office,LBS road.
6. In front of Singhania School,Pokhran road no1.
b) Electrification and providing adequate lighting arrangement over the foot
over bridge and stairs
c) Providing watch and ward on the FOB and Maintenance throughout
concession period.
1.1
Though the successful Entrepreneur shall be solely & fully responsible for
planning, designing, construction and maintaining the structure in accordance
with specifications and sound engineering practice, it is considered necessary in
public interest that these aspects are got approved from Thane Municipal
Corporation for this purpose. The City Engineer or his representative shall
administer the project on behalf of the Thane Municipal Corporation.
12
1.2
Thane Municipal Corporation shall advise on all matters pertaining to this

project, including tender evaluation, checking of designs and supervision of
works including quality control etc. during the entire project. The advice of
Thane Municipal Corporation shall be binding on the Entrepreneurs. The Thane
Municipal Corporation may also appoint proof consultants, for the entire
projects necessary for expert advice on design, quality control, specifications,
supervision etc. If as a result of their advice accepted by the Thane Municipal
Corporation, any extra work outside the scope defined in these documents is
required, the Entrepreneur shall carry out the same at rates based on the current
D.S.R. of Thane Circle of State PWD or alternately the concession period will
be extended by the Engineer, depending upon the cost of extra work involved,
Exercise of either of the two options shall be at the discretion of the City
Engineer, TMC and shall be final and binding on the part of entrepreneur.
1.3
The Entrepreneur at his cost shall also provide temporary diversion road if
required and traffic regulations and signal modifications during construction.
The Entrepreneur shall be solely responsible for traffic management and safety
during the execution.
1.4
The Entrepreneur will be permitted to let out on rental basis the space marked
for advertisement as mentioned in the Annexure I. The entrepreneur can thus
raise money from the rent collected to finance the above works. However, to
ensure the safety of the structure, Thane Municipal Corporation will exercise
full control in the matter pertaining to the use of space marked for
advertisement. The entrepreneur shall not allow to display or shall not display
advertisements of the products, materials etc. as may be restricted by applicable
laws.
1.5.
The entrepreneur shall be fully responsible for the safety of construction as well
as traffic safety during execution of work.
2,1, 2.2Deleted
13
2.3
The offer Submitted by the Entrepreneur shall be based on the bid document
revised / amended as per Para No. 1 .1 & 1.2. The offer shall be unconditional.
Conditional offers shall be summarily rejected.
Bidders are cautioned that the offers containing any material deviation from the
contractual terms and conditions, specifications, or other requirements shall be
rejected. Conditional offer, if accepted inadvertently, shall be liable for rejection
on noticing such condition at any stage.
2.4
The evaluation of bids shall be as per NIT. Rights to cause evaluation of

consultants appointed for the same are reserved.
3
3.1
EARNEST MONEY DEPOSIT:

The amount of Earnest Money Deposit of Rs 900000.00 should be paid on line
through challan. The challan for the EMD is available online and the same
should be downloaded. Four copies of the same should be made and deposited
in any branch of Bank of Maharashtra. The stamped copy should be scanned
and uploaded in Envelope No-1 submission.
3.2
The Earnest Money Deposited by the unsuccessful Bidders will be refunded

only after the expiry of the validity period of the Bid i.e. 180 days after
opening of financial offer or after selection of the preferred bidder.No refund
will be entertained before the prescribed period.
3.3
The Earnest Money deposit of the successful bidders can be adjusted against the
Security Deposit to be paid within 15 days from the date of work order.
3.4
The Earnest Money will be forfeited:

a)
If the Bid is withdrawn after the closing and before the expiry of
the last date of the period of validity. If the successful bidder fails
to deposit the Security Deposit as per the Conditions of Contract.
b)
If it should at any time be discovered that the bidder has submitted

more than one Bid under different names, all his Bids will be
14
rejected or agreement cancelled and Earnest Money and/or

Security Deposit forfeited.
4
TENDER FORM FEE:

Cost of blank tender document Rs 5151.00 (including E-tendering charges
of Rs 151/-).
Budget code: 413108

5
Function code -211 Department code -1000
MANNER OF SUBMISSION OF THE TENDER:

The tenders shall be submitted on line E-Tendering system. The concession
period, total landed project cost, total O & M cost and total of both costs shall
be quoted in words as well as figures.
5.1
The offer for the project shall contain the following documents and shall be
submitted in soft copy (scanned documents) in the manner prescribed below:
5.2
The offer shall be submitted in three separate bids appropriately numbered and
marked as mentioned below:
5.2.1
Prequalification Bid (Envelop No 1)

This contains the following information:
a)
Thane Municipal Corporation Treasury Challan (Bank of Maharashtra) for an

Earnest Money Deposit of an amount of Rs. 9,00,000.00 and Rs 5151/- towards
the tender form fee (including E-tender charges of Rs 151/-).These documents
should be deposited on-line as per E-tendering procedure. Receipted challan of
the same should be submitted online along with tender.
b)
Certificate from concerned department not ranked below Executive Engineer or

equivalent, showing that the Entrepreneur has successfully completed in his
own name at least two Foot Over Bridges on road/railway line on PPP/BOT
/Department funding basis in last five years. Experience of Flyover Bridges/Rail
Over Bridges (ROBs) will be also considered.
c)
Certificate showing average annual turnover for the last 3 years should be
more than Rs 680 lakhs certified by Chartered Account.
15
d)
The Entrepreneur should also produce solvency certificate to the tune of 100%
of the cost of works i.e Rs.900 lakhs.
e)
Certificate /Document showing the Entrepreneur should have been in field of

outdoor /out of home advertising/B.O.T. projects of road/Bridges, Business in
India for at least three years.
f)
Certificate from Nationalised bank/Schedule Bank showing that the bidder has
credit facility for a minimum amount of Rs 2.7 crores. The necessary
documents/letter from Nationalised/Scheduled Bank shall compulsory
accompany the completed tender document.
g)
Audited balance sheets for last three years.
h)
The organizational setup of the Entrepreneurs / Partner, associates, if any.
i)
Copies of the agreements entered into, between the Entrepreneurs / Partners of

the group, associates for executing this project.
j)
Joint venture share shall be clearly defined in terms of percentage in the

registered J.V. agreement. In case of successful bidder, the JV agreement shall
be registered & M.O.U. with article of association of each company should be
submitted before the execution of agreement with TMC. The registered joint
venture deed should be irrevocable till the completion of work for which they
have combine and till all the liabilities thereof are liquidated and share of
contractor of higher category should not be less than 50%. Further, the
percentage share of the contractor of the lower category in joint venture
partnership/combination should not be more than his limit of eligibility to quote
for works divided by estimated cost of work put to tender.
k)
The annual turnover for the past three years. Net present worth and audited
balance sheet of the Entrepreneur.
l)
Scheme and method of resource mobilization proposed for the execution of this
project, with proper undertakings.
m)
Organizational setup proposed for execution of the project.
16
n)
Reputation and experience of the design and project management consultant to

be associated, with curriculum vitae of the key personnel.
o)
Any other details which may be relevant to assessment of the financial and
technical competence of the Entrepreneur and associates.
p)
Common Set of deviations duly signed in token of acceptance.
5.2.2
Technical Bid (Envelope No. 2)

Envelope No. 2 shall contain the following:
(i)
Preliminary design, outline and broad technical details of the project. This
includes following details
a. Conceptual design showing all details viz span, staircase locations with
arrangement, vertical clearance, construction and finishing material
details, advertisement display location, etc. according to the requirements
mentioned in ANNEXURE I and II. It should be true scale. The
conceptual drawing shall be submitted in PDF format in soft copy (A-3
Size document). For each location separate drawing shall be prepared.
After opening of this bid for detail scrutiny purpose the cad drawing for
the same shall be submitted to the concerned Executive Engineer.
b. Broad technical details viz type of foundation, service utilites, sizes of
member, staircase details, flooring details, lighting arrangement etc.
(ii)
Works program including scheduling and bar chart for the project.
(iii) The names of the consultants, to be employed, for various components of the
project and their experience. The consultant must have experience of designing
at least two Foot Over Bridges on road/railway line in last five years.
Experience of Flyover Bridges/Rail Over Bridges (ROBs) will be also
considered. FOB ,Flyover /ROB must have been opened to pedestrian/ traffic in
last five years& must submit copy of certificate issued by client, certified by
office not below Executive Engineer rank
17
(iv) Arrangements proposed for collection of Advertisement charges and the

conditions on which the rights will be offered on hire.
(v)
Experience of the executing agency/ work contractor.
(vi) Any other relevant details.
5.2.3
Financial Bid (Envelope No. 3):

The bidder shall submit the financial proposal giving the following details
(i) Cost estimates of a FOBs
The bidder shall prepare a cost (item wise) and cash flow estimates for
executing the work, along with a break-up of the O & M expenses for the
Concession Period
(ii) Revenue Generation and Financial Analysis
The Bidder shall indicate the estimated Revenue Generation during the
concession period. Provide details of cash flows and detailed financial
analysis
(iii) Concession Period
The bidder shall quote the concession period based on the cost estimates and
the revenue projections. (Cash flow statement) It is expected that the post tax
return on investment between 12%- 15 % of project cost will be considered as
reasonable.
Bidders shall submit financial information prescribed in Table No. 1 to 4
of Appendix 4 in sealed envelop at the time of opening of bid. This
information shall tally with the bid submitted online.
Bidders shall carryout due diligence, shall provide justification while
submitting the above. Thane Municipal Corporation reserve the right to seek
additional clarification / information and to carryout negotiations with
preferred bidder
5.3
SUBMISSION OF OFFER:
18
5.3.1
Entrepreneurs should ensure that E-tenders should be submitted online before

the expiry of the due date and time, delayed offers shall not be entertained
irrespective of any cause. The bid offered or received after due date and time,
shall either not be accepted or if inadvertently accepted, shall not be opened.
5.3.2
Deleted.
5.3.3
Cost information in any form whatsoever, shall not be enclosed in

Prequalification bid & Technical bid (Envelope no.1 and 2) Tenders with Cost
information submitted in bid no. 1 & 2 shall be summarily rejected.
5.4
OPENING OF BIDS:
On the date, specified in the Notice, following procedure shall be adopted for
opening of the Pre-qualification Bid (Envelope No. 1):- Envelope No. 1 of the
Bid will be opened first to verify its contents as per requirements. If the various
documents contained in this envelope do not meet the requirements, a note will
be recorded accordingly by the Bid opening authority and the remaining
envelopes shall not be considered for further action. However, the right to ask
for the missing/ incomplete information stands reserved. The City Engineer
shall post-qualify Entrepreneurs on the basis of evaluation of the information
contained in this bid.
The documents submitted by all tenderers online as per E-tendering
procedure will be opened to verify its contents as per tender requirements.
All the tenderers should produce original documents for verifications of online
submitted documents by the tenderers at the time of opening of the Prequalification Bid ,then only technical/price bid will be opened.
If the required documents do not meet the tender requirements, it will be
recorded accordingly by the tender opening authority and the said tenderer's
Price-bid will not be considered/opened for further action and the reason will be
recorded.
19
Technical Bid (Envelope No. 2):- After post qualification mentioned above,
Envelope No. 2 of only post qualified Entrepreneurs shall be opened. Necessary
clarification for compliance with conditions in the bid document may be
demanded from the Entrepreneur if found necessary after the scrutiny. Refusal
for compliance or giving clarification may render the offer invalid and Envelope
No. 3 in that case shall not be opened, but recorded with a suitable note. The
City Engineer shall post-qualify Entrepreneurs on the basis of evaluation of the
information contained in Envelope No. 2. The post-qualification criteria shall
mainly consist of the following:
1. The conceptual design of proposed bridge and all its technical details
2. . The consultant must have experience of designing 2 Foot Over Bridge
which must have been opened to pedestrian/ traffic in last five years& must
submit copy of certificate issued by client, certified by office not below
Executive Engineer rank Experience in designing of Flyover Bridges/Rail Over
Bridges (ROBs) will also be considered.
3. The executing agency/contractor shall have adequate experience of executing
similar type of works.
Financial Bid (Envelope No. 3): - Envelope No. 3 of only those Entrepreneurs
who have fulfilled the requirements stipulated in the Envelope No. 2 above shall
be opened. Scrutiny of the contents of the Envelope No. 1 and Envelope No. 2
may take quite some time, as it involves evaluation financial capabilities,
technical capabilities, references, past performance of the Entrepreneur etc. and
soundness of the technical proposal, and also asking for missing information,
clarification or compliance with bid documents. It may not be possible to open
the financial bid in Envelope No. 3 on the date of opening of Envelope No. 2. A
suitable date and time for opening the Envelope No. 3 will be intimated and it
shall be opened in the presence of only those Entrepreneurs whose Envelope
20
No. 3 is to be opened. The financial bid shall be read out to the Entrepreneurs
present at the time of opening.
5.5
EVALUATION AND ACCEPTANCE:
5.5.1
Financial bid shall be evaluated on the basis of the concession period offered by
the Entrepreneurs. The most beneficial offer from the point of view of the
Thane Municipal Corporation shall be considered for acceptance.
5.5.2
The right to negotiate with any of the Entrepreneurs whose offer has been found
to be responsive and attractive to the Thane Municipal Corporation is reserved.
5.5.3
The acceptance of Bid offer shall be communicated to the Entrepreneur,

telegraphically or otherwise either by the bid opening authority or any
representative of the City Engineers office. The Entrepreneur shall be asked to
deposit necessary performance security and enter into the agreement with the
Thane Municipal Corporation.
5.5.4
The Entrepreneur and the Thane Municipal Corporation will enter into an
agreement comprising the original copy of the bid document including C.S.D.
revisions and amendments, correspondence with and by the Department and the
drawing, in the form of agreement.
5.5.5
The Earnest Money Deposit of the successful Entrepreneur shall be returned

after the Entrepreneurs enter into an agreement with the Thane Municipal
Corporation as stipulated as above. However, if so desired, the Entrepreneur
may convert the Earnest Money deposit as a part of performance security. The
Earnest Money deposit of all other Entrepreneurs will be returned after the
agreement is signed with the successful Entrepreneur as above or after expiry of
validity period whichever is earlier.
6.
PERFORMANCE SECURITY:
6.1
The Entrepreneur whose bid has been accepted shall deposit an amount of
Rs.18,18,000/- as performance security, out of which 20% i.e Rs.363600/- shall
21
be paid in cash and remaining in the shape of bank guarantee from Nationalised
Bank in form enclosed or total amount in cash and complete the agreement.
6.2
All compensation or other sums payable by the Entrepreneur under the terms of
this contract or on any account, may be deducted from this performance security
or from any sums which may be due to him or may become due to him on any
account by the Thane Municipal Corporation or Government.
6.3
There shall be no liability on the Thane Municipal Corporation to pay any

interest on the Performance security amount deposited by the Entrepreneur.
6.4
The performance security shall remain with the Thane Municipal Corporation.
After completion of the facility and its satisfactory commissioning, 80% of the
performance security which is in the form of bank guarantee shall be returned to
the Entrepreneur after 24 months from the date of commissioning of last Foot
over bridge, after adjusting the dues payable to the Thane Municipal
Corporation if any. The balance 20% amount which is in cash shall be returned
3 months after the facility is transferred back to the Thane Municipal
Corporation in satisfactory condition and without any encumbrances.
Special Instructions
The Entrepreneur shall be deemed to have studied all the plans, specifications,
terms and conditions of the tender and Thane Municipal Corporation Rules and
regulation. The Entrepreneur is advised to get himself fully acquainted with the
site conditions viz. Traffic conditions, Nallas, drains, Overhead cables,
underground services, ducts etc, availability of labor, basic materials, water &
electricity etc. before submitting the proposal. If he desires to have any further
information in regard to the project he may contact Executive Engineer
(Bridges), Thane Municipal Corporation, Thane.
The proposal shall be subject to the stipulation detailed in para 7.1 below:
7.1
CONDITIONS & STIPULATIONS Obligations and Rights of
Entrepreneur
TO
BE
OBSERVED
PROPOSAL.
22
WHILE
MAKING
THE
7.1.1
The cost of the project and other field data given in document mentioned herein
are approximate and Thane Municipal Corporation shall not accept any
responsibility for their accuracy. The Entrepreneur should carry out his own
studies and assessment independently to arrive at likely revenue from
advertisement etc. Similarly, he should carry out his own field survey and
investigations including soil investigation and collect necessary, data and
prepare his own cost and time estimate for formulating the proposal. These
locations has to be finalized with the main consideration of providing facility of
Pedestrians and not to increase Opportunity to See (OTS) of advertisements to
maximize the advertising revenue potential. While submitting the proposals the
bidders should submit the baseline data which was generated for identification
of locations for the proposed Foot Over Bridges. Thane Municipal Corporation
reserves the rights to alter the numbers and the locations mentioned in the bid/
proposed by the bidder during the course of contract considering the site
conditions, utility etc.
Entrepreneur shall also take at least one trial bore at each foundation location
before staring actual construction to ascertain correctness of the founding level
etc.
7.1.2
The Thane Municipal Corporation for the proposed project will furnish no
foreign exchange. The Entrepreneur will have to make his own arrangement in
this regard.
7.1.3
The Entrepreneur will have to make arrangements for financing the scheme
from his own resources or from open market borrowing.
7.1.4
Thane Municipal will not give guarantee for repayment of loans or debentures
floated by the Entrepreneur.
7.1.5
The Thane Municipal Corporation will provide no advance or loan for the
project. The structure will be the property of Thane Municipal Corporation and
at no stage the Entrepreneur can mortgage the Foot Over Bridges for any
reason.
23
7.1.6
The Entrepreneur will be allowed to let out on rental basis the advertising area
as per existing rules and regulations. The taxes/ duties if any, that are payable to
Thane Municipal Corporation or to any other Government department shall be
the responsibility of the Entrepreneur.
7.1.7
The change of use shall not be altered except by prior approval of the City
Engineer and by following the prescribed procedure.
7.1.8
No permanent structures except those, which are ancillary to the project (site
office etc.), shall be permitted to be constructed by the entrepreneur/ contractor.
The location and the layout of these ancillary structures will have to be got
approved from the Engineer, which shall be removed immediately after
completion of the project.
7.1.9
No acquisition of land will be possible for accommodating temporary structures,

construction yards, labour hutments etc. of the Entrepreneur and Entrepreneur
will have to make his own arrangements for the same at his own cost.
7.1.10
No quarries will be acquired or made available by Department for proposed

project. The Entrepreneur will have to make his own arrangements in this
regard, including fulfilling the environmental and other requirements of the
concerned authorities without any cost to Thane Municipal Corporation.
7.1.11
The Entrepreneur will have to make his own arrangements for procuring
cement, steel and other materials required for the work.
7.1.12
The structural designs and other details of all the component of the proposed
scheme shall basically be the responsibility of the Entrepreneur. Also these
design shall be proofed checked from V.J.T.I Mumbai or I.I.T. Mumbai before
actual commencement of work. These design and details, however, shall have to
be in public interest got approved from the City Engineer, Thane Municipal
Corporation or any other agency nominated by the Thane Municipal
Corporation for his purpose The design Criterion to be followed is given in the
tender document. The modifications required in the tender proposal to meet the
specifications will be at Entrepreneurs cost.
24
7.1.13
The Entrepreneur shall carry out all the required Geo-technical, hydraulic and
other site investigations at his own cost.
7.1.14
The Entrepreneur shall base their proposal on the area mentioned for each Foot
over bridge mentioned in Annexure I
7.1.15
The Entrepreneur shall appoint expert consultant approved by the City

Engineer, TMC for designing and supervising the entire project during
construction unless he produces adequate evidence to the satisfaction of City
Engineer to show that he possesses In house expertise and experience in this
regard.
7.1.16
It is clearly understood that the ownership of the proposed facility and the
resultant reclamation if any shall vest in the Thane Municipal Corporation and
the Entrepreneur shall not be entitled to any revenue except from the display of
advertisement in the demarcated area on the foot over bridge.
7.1.17
Deleted
7.1.18
The proposed structure will have to be insured by the Entrepreneur. All

insurance to be effected by the Entrepreneur shall be taken from the Directorate
of Insurance, Government of Maharashtra, Mumbai. The insurance cost shall be
for the entire capital outlay and shall cover:
(i)
Against possible structural failure or distress during the construction or after

completion of the project.
(ii)
The possibility that the scheme may be abandoned or dropped midway by the
Entrepreneur for any reason whatsoever, the insurance shall cover the entire
construction period and the entire concession period and the year thereafter.
7.1.19
The Thane Municipal Corporation reserves absolute right to take over the
facility at any time after compensating the entrepreneur/ contractor to the extent
of his unrecovered investments and interest liabilities including repair and
maintenance cost etc. up to that period after adjusting for the amount collected
by the Entrepreneur from the display advertisements as mentioned in NIT.
25
7.1.20
The Thane Municipal Corporation reserves the right to carry out the work of
road side facilities in any section of the roads at any time during the period of
construction and maintenance of the facility. Entrepreneur shall give access to
such roadside facility works without any claim for damages, compensation,
time, delay etc.
7.1.21
The proposal should be accompanied by Earnest Money equal to Rs.9,00,000/(Rs. Nine Lakhs only). This earnest money shall be in the form of cash challan
in favour of Thane Municipal Corporation, Thane. The said amount of earnest
money shall not carry any interest whatsoever. In the case of the Entrepreneur
whose proposal is accepted his earnest money will be returned only after he
pays the security deposit and submits the insurance policy mentioned above and
signs the requisite agreement. In case the tenderer fails to sign the agreement,
his entire earnest money shall be forfeited to Thane Municipal Corporation.
7.1.22
The proposal should be valid for a period of 180 days.
7.1.23
Thane Municipal Corporation reserves the right to delete any of the Foot Over
Bridges at any stage without assigning any reason thereof.
7.1.24
After the Entrepreneur proposal is accepted by the Thane Municipal

Corporation, he will have to enter into an agreement for this purpose. After
agreement, Thane Municipal Corporation reserves the right to delete any of the
Foot Over Bridges without assigning any reason thereof. The Entrepreneur is
not eligible for any extension of concession period or monetary compensation
arising due to this deletion. The work will not be considered as completed
unless all the foot over bridge is opened for pedestrians and the City Engineer
issues a relevant completion certificate. In case of delay of any Foot Over
Bridge beyond the control of Entrepreneur, he should take special permission
from Thane Municipal Corporation, regarding commencement of concession
period for completed Foot Over Bridges.
7.1.25
The Entrepreneur is required to deposit Rs. 18,18,000/- (Rs. Eighteen Lakhs

Eighteen Thousand only) in form of cash, Bank guarantee issued by
26
Nationalized Bank in enclosed format as security deposit within 30 days from

the date of letter of intimating acceptance of the tender failing which his/their
Earnest Money will he forfeited to the Thane Municipal Corporation.
7.1.26
If at the time of execution the length of the foot over bridge is increased or
decreased than that shown table in Annexure I, the concession period will not be
extended or reduced as the case may be. Hence entrepreneur shall take
necessary care as mentioned in clause no 1.6.1.
7.1.27
The total scope of work as mentioned in the Annexure I may reduce i.e the
some Foot over Bridge may be deleted even after the acceptance of offer.
However the concession period will not be extended or reduced as the case may
be. Also due to local site constrain the location of Foot over bridge may be
shifted 50mtr on each side however no compensation or extension of concession
period shall be sanctioned.
7.1.28
The Entrepreneur can quote the maximum concession period for this work
is 30 (Thirty) year. In any case the concession period more than Thirty year
shall not be accepted.
7.1.29
The Entrepreneur shall be responsible for the upkeep, maintenance and provide
adequate illumination of the structures during the concession period.
7.1.30
The Entrepreneur shall obtain on his own all the necessary approvals from the
relevant authorities like Traffic Police, MCGM, Fire Department, PWD etc,
required for construction of the structures. He shall also obtain the necessary
electric connection & water connection at his own cost.
7.1.31
The Entrepreneur shall pay all the necessary electricity bills, taxes etc during the
entire concession period.
7.1.32.
The Entrepreneur shall provide traffic diversion, reinstate the works affected by
his construction activities.
7.1.33
The Entrepreneur shall hand over the constructed structures to TMC free of cost
at the end of the concession period in a state satisfactory to TMC without any
cost or charge. After thirty days of handing over of the structure in satisfactory
27
condition .Remaining Security deposit of the Entrepreneur shall be returned

after deduction of expenses incurred on his behalf by TMC as mentioned above.
7.1.34
The Entrepreneur shall provide security and protection and ensure that there are
no unauthorized encroachment and illegal uses.
7.1.35
The Entrepreneur shall not charge from the pedestrians any fees for using the
structure for crossing the road.
7.1.36
Procure, as required, the appropriate proprietary rights, licenses, agreements and

permissions for materials, methods, processes and systems used or incorporated
into the Project:
7.1.37
Take reasonable efforts to maintain harmony and good industrial relations

among the personnel employed in connection with the performance of the
Entrepreneurs obligations under this Agreement.
7.1.38
Take all reasonable precautions for the prevention of accidents on the FOBs.
7.1.39
Indemnify TMC against all actions, suits, claims, demands and proceedings and
any loss or damage or cost or expense that may be suffered by them on account
of anything done or omitted to be done by the Entrepreneur in connection with
the performance of its obligations under this Agreement during and on cessation
of Concession agreement, so entered:
7.1.40
Take its own arrangements for project construction, and observe and fulfill the
environmental and other requirements under the Applicable Laws ands
Applicable Permits at Entrepreneurs own cost and expense:
7.1.41
Obtain an approval of the traffic diversion plan proposed during the

Construction period from the traffic police.
8.
Concession Period & Rights

a) The bidder must specify in their bid the concession period in number of days is
required by them along with proper justification such as Financial / Cost-Benefit
Analysis and cash /Fund flow statements of the entire scheme for approval of
TMC.
28
b) The Entrepreneur will retain the rights of advertisement during the period of
concession only after obtaining necessary permissions from relevant City
Engineer Thane Municipal Corporation and completion certificate from TMC.
29
CHAPTER III
SCOPE OF THE WORK
30
CHAPTER-III
SCOPE OF THE WORK
Broadly the scope of the work shall in general include all investigations surveys, designs
/ drawing and construction of foot-over-bridge at following locations.
2.In front of Sri Maa Bal Niketan School on Eastern Express Highway.
3.In front of Forest office,LBS road.
6. In front of Singhania School,Pokhran road no1.
Functional Requirements of Foot Over Bridges

The primary objective of construction of FOBs is to provide pedestrian
crossing facility at the busy intersections of the road and at mid blocks for safe and
convenient crossing. The FOB should serve as feeder/ dispersal for BRT from either side
of the road corridors. The structures should cater to basic features for pedestrian
movement. The structure should be designed in such a way that mechanized / automatic
movement features for vertical movement of people by way of Escalators or Lifts can be
provided in future. The structures shall also be protected from the environment like sun
light / rains etc. They shall also meet the provisions of accessibility for disabled persons.
Preference will be given to such designs incorporating the above
features in innovative manner using steel / pre engineered /composite structures adding
aesthetics to the scheme. The Concessionaire shall construct structurally sound and
aesthetically appealing facilities as per plans approved by the T.M.C. However, in areas
where deviations are necessitated due to space or location constraints,
Tentative length of foot over bridges, minimum width of FOB and
staircase width are mentioned separately in the Annexure I. The vertical clearance of the
31
inner FOB at the central verge of bridges shall be 4.0 meters and the minimum clear
soffit height will be 5.50 mtrs from road finished surface, as per IRC code. The
entrepreneur shall note that the dimensions given are for guidelines only and shall not
form the base of variation. The entrepreneur shall quote his offer based on actual site
measurements and conceptual GAD. The bridge shall be constructed as per the General
Arrangement approved by City Engineer, TMC. No variation shall be allowed for
increase in bridge length/ obligatory span of bridge etc.
The entrepreneur shall furnish details of project cost in form No.4
(Appendix-4) of this bid document. He should also furnish financial details of the
proposal in form No. 2 and yearly cash flow statement in form No.3. The form No. 2, 3
and 4 as stated above duly filled in shall be submitted in sealed envelop at the time of
opening of bid.
The entrepreneur has to construct the foot over bridge including
electrification and advertisement display at his own cost covering the items listed below
(from Sr. No. 1 to 18). Entrepreneur has to maintain, repair and upkeep the bridge and
electrification work during concession period offered by him. The entrepreneur shall be
allowed to recover his investment in project by way of advertisements rights which will
be provided in two ways subject to fulfillment of relevant rules for each FOB as per
ANNEXURE II
The detailed advertising area of each FOB is enclosed in ANNEXURE II.
He should hand over the bridge and facilities to the Thane Municipal
Corporation in good working condition after completion of concession period.
1)
Carrying out all investigations including locating service lines such as water
supply pipelines, sewerage lines, and electric and telephone lines. If some of
these lines required to be shifted, Entrepreneur shall inform the concerned
Department well in advance so that utility services department can be informed
to shift the lines. The shifting charges for Electricity or Telephone cables shall
have to be borne by the Entrepreneur.
32
2)
Finalizing the alignment, preparing and finalizing the General Arrangement

Drawing of foot over bridge and obtaining approval thereto, of the City
Engineer, Thane Municipal Corporation. The enclosed drawing is tentative and
for guidelines of entrepreneurs. The said tentative/ conceptual General
Arrangement Drawing shall not form the base of variation.
3)
Marking out the centerline of the foot over bridge with concrete pillars for the
theodolite stations, benchmarks etc. as per specifications and as directed.
4)
Taking out at least bore holes with double tube drill and with NX diamond bits
one at each ends and one at the center of the foot over bridge and carrying out
necessary tests as per specifications and as directed by Engineer.
5)
Providing foundations for piers
6)
Providing sub-structure for the foot over bridge
7)
Providing super structure of the foot over bridge.
8)
Providing necessary expansion joints, bearings, parapet wall, waterspouts,

Grating, chequered tiles or steps and deck slab, as per approved design.
9)
Providing anticorrosive treatment to reinforcement and protective coating to the

bridge structure including waterproofing as per specification and as directed by
Engineer.
10)
Providing staircase to the foot over bridge as indicated on the enclosed plan.
11)
Making arrangement for diversion and regulation of traffic till the completion of
work.
12)
Clearing the site after completion of work.
13)
Entrepreneur shall prepare the layout of electrical installation for lighting of foot
over bridge, staircase area and obtain the approval from the City Engineer
before Execution. Necessary wiring, cable laying from electric supply source
and installation of light fitting of I.S. approved work shall be done by the
Entrepreneur for illumination of Foot over bridge. The Entrepreneur shall
sanction electric supply from concerned electrical supply distribution company
and also pay for the connection charges to concerned electric supply company,
33
Also the Entrepreneur shall pay the energy charges during whole concession
period; Thane Municipal Corporation will render necessary cooperation for
getting electric connection from concerned City Engineer Thane Municipal
Corporation. If any room is required to house electric meter, the construction of
such room will be permitted. However, Entrepreneur must obtain City
Engineers prior approval about the size and location of such room.
14)
Architectural treatment: Entrepreneur shall prepare the scheme of architectural

treatment in consultation with City Engineer and provide the same to the foot
over bridge to give aesthetically pleasing appearance. Also Entrepreneur shall
provide vision barriers between foot over bridge and adjacent private property,
using composite aluminum panels for the some area of Foot Over bridge as
directed by City Engineer.
15)
Environmental requirement: Mitigate measures are to be taken, both during

construction and operative phase with a view to minimize environmental
impact.
16)
Entrepreneur shall maintain and carry out all the major and minor repairs of the
foot over bridge during the period of concession and defect liability period.
17)
Providing stainless steel handrail in staircase and foot over bridge as directed by
City Engineer.
18)
Completion drawing and maintenance manual for each part i.e. foundation,
substructure etc. of all the structures as executed should be submitted to
Engineer by the Entrepreneur.
34
CHAPTER IV
GENERAL CONDITIONS OF CONTRACT
35
CHAPTER - IV
GENERAL CONDITIONS OF CONTRACT
3.1
DEFINITIONS:
3.1.1
ENTREPRENEUR:
Entrepreneur may be (i) an individual (ii) a registered firm (iii) a company
registered under the Companies Act, 1956, (iv) a joint venture or a consortium
formed out of (i), (ii), (iii) & / or (iv) above and shall include their legal heirs,
representatives, assignees and employees engaged on the work.
3.1.2
COMMISSIONER:
The Commissioner shall mean the Municipal Commissioner, Thane Municipal
Corporation, Thane.
3.1.2
CITY ENGINEER:
The City Engineer shall mean the City Engineer, Thane Municipal Corporation,
Thane and shall include his authorized representative, defined in para-3.2.2.
3.1.3
ENGINEER:
The Engineer shall mean the Executive Engineer in charge of the work / project
or other Engineer including supervision consultant appointed by the City
Engineer to carry out the duties as the Engineer for the work.
3.1.4
DEPARTMENT:
The Department shall mean the Public Works Department in the Thane
Municipal Corporation.
3.1.5
CONSULTANT:
The Consultant shall mean the consulting firm/ Company so appointed by
Entrepreneur to give advice on any matter pertaining to the work / project.
36
3.1.6
AUTHORIZED REPRESENTATIVE:
The authorized representative shall mean the authorized representative of the
Entrepreneur.
3.1.7
CORPORATION:
The corporation shall mean the Thane Municipal Corporation.
3.1.8
WORKS:
The Works shall mean the work to be executed in accordance with the
agreement and shall include all extra or additional or substituted works as
required for the fulfillment of the agreement and as approved by the
Department.
3.1.9
PROJECT:
The project shall mean study, identification, design and construction of foot
over
bridge
environmental
including
temporary
requirements,
works,
advertisement
fulfilling
display
and
charges
maintaining
collection
arrangements and all other works connected with the same, as well as
maintenance of the facility and collection of advertisement display charges.
3.1.10
PROJECT COST:
Project cost shall mean the cost offered to be invested by the Entrepreneur for
covering all the activities mentioned in chapter-2. It shall be deemed to be
inclusive of all taxes, reasonable profit and interest on such costs.
3.1.11
CONCESSION PERIOD:
Concession period shall mean, the period starting from the stipulated date of
commencement of work to the prescribed date of taking over of the project by
the Thane Municipal Corporation.
37
3.1.12
CONSAISSONER:
Entrepreneur whose offer is accepted by Competent Authority.
3.1.13
Deleted
3.1.14.
TEMPORARY WORKS:
The temporary works shall mean all the works of every kind required for or in
connection with the execution of the project, but which will not form permanent
part of the project.
3.1.15.
FOOT OVER BRIDGE:

Foot-over-bridge means a bridge exclusively for pedestrians.
3.1.16.
ADVERTISEMENT DISPLAY CHARGES:

Advertisement display charges shall mean the charges for displaying different
advertisements, which are to be collected and retained by the Entrepreneur in
the concession period.
3.1.17.
USER:
The user shall mean those Advertisement agencies / Companies who want to
display their advertisement / products on Foot over bridge from whom charges
are to be collected by the Entrepreneur in concession period only.
3.1.15.
CONTRACT DOCUMENT:
The contract document shall comprise the following:
(i)
Letter of acceptance of offer in favour of the Entrepreneur.
(ii)
The bid document signed by the Entrepreneur in token of acceptance.
(iii)
Common set of deviations, signed by the Entrepreneur in token of acceptance.
(iv) All correspondence between the Thane Municipal Corporation and the Entrepreneur.
38
(v)
Any other document mutually agreed to form a part of the contract document.
The entire above documents and letters shall be collectively referred as the Contract
Document.
3.2
TECHNICAL CONTROL OF THE WORK
3.2.1
The City Engineer, Thane Municipal Corporation shall be the technical officer
under whose direction and control the work shall be carried out. He shall be the
final City Engineer Thane Municipal Corporation on all technical matters. The
Entrepreneurs shall comply with all the instructions of the City Engineer for
proper control on the quality and progress of the work. The alignment and other
details of the foot over bridge shall be got approved from the City Engineer or
his representative. The work shall be treated as completed only after the City
Engineer issues a completion certificate on completion of the works. The
Executive Engineer shall coordinate the activities of the Entrepreneur, the other
Government organization and Consultants whenever necessary. The Executive
Engineer, TMC shall function as an authorized representative of the City
Engineer.
3.2.2
The Engineer shall be responsible for day to day inspection; supervision and
quality control of the work and City Engineer shall have overall control on the
execution of the work.
3.2.3.
No work on any component shall be started without obtaining approval to the

drawings and designs by the City Engineer, Thane Municipal Corporation.
3.2.4
SPECIFICATIONS
The construction of the foot over bridge shall be as per the Works Specification
for construction in chapter-4 in this document. If the Entrepreneurs design
envisages or provides for the use of any special type or technique not covered
by these specifications, the Entrepreneur shall furnish its specification along
with his proposal for prior approval of the department. Work Specifications for
39
construction given in Chapter 4 are the minimum specifications specified for the
project. The Entrepreneur may always improve on the same with prior approval
of the City Engineer.
3.2.5
The work of construction of foot over bridge shall be executed without the
stoppage or disruption of the movement of vehicles on the Thane-Belapur Road.
3.3
INSPECTION OF WORK
All work under or in course of execution or executed in pursuance of the
contract shall at all time open to the inspection and supervision of the Engineer
or his authorized representative. It will be responsibility of the Entrepreneur to
ensure that either the Entrepreneur or his authorized agent shall remain present
to receive orders and instructions of the Engineer.
3.4
ADDITIONAL CONDITIONS
3.4.1
General
The Entrepreneur shall be deemed to have carefully studied the work and site
conditions, specifications, schedules and drawings and various other data and
shall be deemed to have visited the site of the work and to have fully informed
himself regarding the local conditions. He shall be deemed to have carried out
his own surveys and investigations and assessment of site conditions. He is
deemed to be fully aware of all statutory requirements including those
concerning with labor and the local conditions/ status of availability and
employment of laborers. The Entrepreneur shall accordingly work out his
proposal. The data given by the department is made available in good faith only
for general information without any commitment, responsibility on the part of
department about its accuracy.
3.4.2.
Order of Precedence
40
For this document in case of errors, omission and/ or disagreement between

written and scaled dimension on the drawings or between the drawings and
Specifications etc. the following order of preference shall apply.
(a)
Between scaled and written dimensions or description on a drawing, the

latter shall be accepted.
(b)
Between the written or shown description/ and dimensions in the

drawing and the corresponding one in specifications, the latter shall
apply.
(c)
In Execution stage the following order of precedence shall apply: (i)
Execution drawing / notes instruction specifically approved for

constructions.
(ii)
Specific provision of specifications and conditions of this

contract document.
(iii)
In the absence of above, standard specifications for Roads and

Bridges of the Ministry of Surface Transport (latest edition) and
sound engineering practices in that order.
(iv)
However, not withstanding anything contended above the

interpretation / decision of the City Engineer will be final and
binding.
3.4.3
The Entrepreneur shall submit within the time stipulated by the Engineer in
writing the details of the actual method that would be adopted by him for the
execution of any item and obtain prior approval of the Engineer in advance
before starting the work.
3.4.4
The Entrepreneur shall also submit the program of work indicating the date of
actual start and monthly progress report to the Engineer. He shall also update
the construction program (CPM\PERT\Bar chart) from time to time on taking a
review of actual achievements and submit three copies of it to Engineer for his
approval.
41
3.4.5
The Entrepreneur shall engage an authorized Engineer representative (Resident

Engineer) on the works. He shall take orders as will be given by the Engineer
and shall be responsible for carrying them out. The Entrepreneur shall maintain
the work order book on site and it shall be property of the department. City
Engineer or his authorized representative will record instructions in the work
order book and the Resident Engineer shall promptly acknowledge the orders
given therein by the Engineer and comply with them. It shall, however, be
clearly understood that the Entrepreneur shall be primarily and fully responsible
for executing the work as stipulated in the scope of work to the specified
standards and quality. He shall be liable for implementing the necessary
corrective measures as may be ordered by the City Engineer/ Executive
Engineer from time to time and that Engineer shall not issue the completion
certificate unless the rectification are carried out to his (Engineer) entire
satisfaction.
3.4.6
For proper measurement of the works it is necessary to have an initial set of

levels or other measurements taken and the same is recorded in the authorized
field book, measurements book of the Department by the Engineer.
3.4.7
The Engineer on written request by the Entrepreneur will, if in his opinion the
request is reasonable and in the interest of the work and its progress, assist the
Entrepreneur in securing the priorities for deliveries, transport permits for
controlled materials, permit for quarries and other similar permits etc. Where
such are needed, the Entrepreneur shall however himself arrange for quarries
required for quarrying the materials for construction.
42
3.4.8
All materials to be used on works shall be got approved in advance from the
Engineer. The Entrepreneur shall at his risk and costs make all arrangements
and provide all such facilities as the Engineer may require for testing materials.
3.4.9
The Entrepreneur at his own expenses shall make his own arrangements for
housing of his staff with all necessary amenities and protective measures. He
shall take necessary precautions for safety of the workers and preserving their
health while working on such jobs.
3.4.10
The Entrepreneur shall indemnify the department against all actions, suits,
claims and demands including infringement of patent rights brought or made
against it in respect of anything done or omitted to be done by the Entrepreneur
in contention with the work and against any loss or damage to the department in
consequences of any action or suit being brought against the Entrepreneur for
anything done or omitted to be done in the execution and maintenance work.
3.4.11
The Entrepreneur shall take all precautions against damages, from accidents.
The Entrepreneurs shall comply with all rules and regulations, bye laws and
directions given from time to time by any local or public authority in
connections with this work and shall pay all fees, which are livable on him.
Structures shall be fully ensured by Entrepreneur during concession period.
3.4.12
On receipt of the order, the Entrepreneur shall at his own expenses clear the site
and take the centerline plan from the Engineer. He shall then layout the entire
foot over bridge and get it approved from City Engineer. The Entrepreneur
himself shall be fully responsible for the correctness of the layout.
3.4.13
The Entrepreneur shall inform the Engineer in writing when any item of the
work is ready for inspections giving him sufficient notice to enable him to
43
inspect the same. The Entrepreneur shall provide at his cost all necessary
arrangements and facilities and assistance for proper inspections of all parts of
the work by Engineer or his authorized representative.
3.4.14
In the event of discovery by the Entrepreneur or his employees during the

progress of the work of any treasure, fossils, minerals or any other articles of the
Engineer such treasure or things which shall be the property of Government.
The Entrepreneur after completion of work shall clear the site of all debris and
remove all unused material, plants and equipment, tools etc. The Entrepreneur
shall also have to clear the site of all temporary structures; site office, labor
camps, utility lines etc. constructed/ erected for the execution of the project and
obtain a completion certificate from the Engineer. The work shall be treated as
complete only after the Engineer issues a relevant completion certificate.
3.4.15
The Entrepreneur shall provide a temporary office shed of with suitable

partitions etc. at suitable locations for the exclusive use of department field staff
and consultant free of cost on site of work. The shed shall be provided with all
amenities, furniture, a personal computer (all in one) of specifications
mentioned below shall by Engineer, shall be provided
-`P.C. all in one processor core Intel i5-450M loaded with Microsoft window 7
genuine Home Premium and Quickheal Total internet Security 2011 with 24
month validity
- SATA HDD of 320 GB minimum with DDR3 RAM of 4 G.B.
- ATI mobility graphic card Radion I GB or Nivida Graphic card 1GB
- 19 inch Touch screen HDD monitor
- Wirless mouse and Keyboard.
- Blue Ray optical device with RW
44
The Entrepreneur shall provide a A.C. car (TATA Indica) not more than 3 year
old along with driver & all consumables to departmental staff for the 50 % of
construction period.
3.5
Defect liability period:

If during five years from the date of completion of concession period, the said
work is found defective in any manner whatsoever, the Entrepreneur shall
forthwith on receipt notice in that behalf from the Engineer, duly commence
execution and completely carry out at his cost in every respect all the work that
may be necessary for rectifying and setting right the defects specified therein
including dismantle and re-construction of unsafe portions strictly in accordance
with and in the manner prescribed and under the supervision of the Engineer. In
the event of the Entrepreneur failing or neglecting to commence the said
rectification work, the same will be carried out by the Department at the risk
and the cost of the Entrepreneur.
3.6
PATENT / COPY RIGHT:

If the Entrepreneur desires to use any designed device, materials or any process
covered by letters of PATENT OR COPY RIGHT, the right of such use
shall be secured by the Entrepreneur by suitable legal arrangements and
agreement with the patent owner and a copy of their agreement shall be filed
with the Engineer-in-charge
3.7
MATERIALS FOR WORKS:

All materials to be used on the work shall be got approved in advance from the
Engineer. The Entrepreneur shall at his risk and cost, make all arrangements and
provide all such facilities for testing of materials as may be ordered by the
Engineer. The Thane Municipal Corporation will not be responsible for
violation of patent rights, if any.
45
3.8
ENTREPRENEURS STAFF AND WORKERS:

The Entrepreneur, at his own expenses, shall make his own arrangements for
housing of his staff with all-necessary amenities and protective measures. He
shall take all necessary precautions for safety of the workers and for-preserving
their health while working on any job in the project. Erection of labour huts
during construction period or during concession period for maintenance work of
foot over bridge will not be allowed in Road land.
3.9
EXPLOSIVES:
The Entrepreneur shall not use any type of explosives at site.
3.10
SAFETY PROVISIONS:
The Entrepreneur shall make arrangements at his own expense for the safety of
his plant and people as required. In case the Entrepreneur fails to make such
arrangements, the Engineer shall be entitled to cause them to be provided and to
recover the cost thereof from the Entrepreneur
3.11
SITE CLEARANCE:
The Entrepreneur after completion of the work shall clear the site of all debris
and remove all unused materials, plant, machinery equipments tools etc. The
Entrepreneur Shall also have to clear the Site of all temporary works, Structures,
site office labour camps, utility lines etc. constructed / erected for the execution
of the project and obtain a completion certificate from the Engineer. The work
shall be treated as complete only after the Engineer issues a relevant completion
certificate.
3.12
SETTLEMENT OF DISPUTES:
46
Under no circumstances whatever shall the Entrepreneur be entitled to submit

any claim for consideration of the Thane Municipal Corporation on any account
unless the Entrepreneur shall have given sufficient prior intimation and shall
have submitted the details in writing to the Engineer within one month of the
cause of such claim.
(i)
Except where otherwise specified in the contract document and subject to the
powers delegated to him by the Thane Municipal Corporation under the codes /
rules then in force the decision of the Commissioner, Thane Municipal
Corporation shall be final, conclusive and binding on all parties to the contract,
upon all questions relating to the meaning of the specifications, designs,
drawings, and instructions herein before mentioned and as to the quality or
workmanship or materials used on the work or as to any other question claim
right matter or thing whatsoever if in way arising out of or relating to the
contract, designs, drawing, specifications, estimates, instructions, orders or
these conditions or otherwise concerning the works or the execution or allure to
execute the same, Whether arising during the progress of the work or after the
completion or abandonment lent thereof or during operation or maintenance.
(ii)
The Entrepreneur may within thirty days of receipt by him of any order by the
Executive Engineer as aforesaid, appeal against it to the City Engineer, TMC
provided that the amount of claim is not less than Rs. One Lakh
(iii)
The conditions stipulated in the notice inviting tender shall also be applicable
and shall form part of the contract.
3.13
EXCEPTED RISKS :
In case the work is damaged, due to any of the excepted risks listed below and if
the insurance tit-ell Out by the Entrepreneur does not cover damage due to
excepted risks, then the Government shall compensate the Entrepreneur for the
damage due to Such excepted risks in a manner as may be decided by the
Government Such compensation shall be in any form as may be decided by the
47
Government, including extension in concession period, War, hostilities (whether

war be declared or not), Invasion, act of foreign enemies, rebellion, revolution,
insurrection or military rule or usurped power, civil war, or unless solely
restricted to employees of the Entrepreneur or- of his Subcontractors and arising
for the conduct of the works riot, commotion or disorder, or use or occupation
by the employer of any part of the permanent works or radiation or
contamination by radioactivity from any nuclear fuel or from any nuclear waste
from combustion of nuclear fuel, radioactive toxic explosive or other hazardous
properties of any explosive, nuclear assembly or nuclear component thereof, of
pressure waves caused by aircraft or other aerial devices traveling at sonic or
supersonic speeds or any such operation of the force of nature as an experienced
Entrepreneur could not foresee or reasonably make provision for or insure
against, all of which shall herein collectively be referred to as the excepted
risks.
3.14
FORCE MAJURE:
If at any time during the execution / completion of the project, the Entrepreneur
is not able to proceed with construction / completion of the project for more
than a month due to any reasons beyond his control such as fire earthquake,
floods, storm or any other such natural calamity, riots, civil commotions, the
Thane Municipal Corporation shall compensate the Entrepreneur for such loss
in a manner and form as may be decided by the Thane Municipal Corporation.
The demand for such force major claim shall be submitted to the Thane
Municipal Corporation. The Thane Municipal Corporation however, shall have
the option of extending the concession period, in lieu of such payment for any
other reason; the Thane Municipal Corporation shall not compensate the deficit,
loss or shortfall.
3.15
LABOUR
48
The Entrepreneur shall comply with all the statutory provision in respect of all
the employees employed by him on the project such as the Minimum Wages
Act 1948 Payment of Wages Act 1936, Apprentices Act 1961, Contractor
Labour (Regulation and Abolition) Act 1970 the E.P.F. Act 1952, Mines Act,
Workmens Compensation Act, Migrant Labour Act etc.
3.16
LOCAL LABOUR:
The Entrepreneur shall employ a least 80 percent of the total number of required
unskilled labour to be employed by him on the said work, from the persons
ordinarily residing, in the district in which the site of the work stands located.
This shall be binding and obligatory on the part of Entrepreneur provided
however that if the required number of unskilled labour are not available from
the district, the Entrepreneur shall in the first instance, employ such number of
persons as are available and thereafter shall with the previous permission in
writing of the Engineer obtain the rest of the required unskilled labour from
other districts only from the State of Maharashtra
3.17
LANGUAGE:
All notices, certificates, correspondence or other communications under or in
connection with this Contract Document, the project and all words shall be in
English/Marathi
3.1 8
NOTICES:
Any notice to be given hereunder shall be in writing and shall either be
delivered personally or sent by registered post, telex, facsimile transmission or
other means of telecommunication in permanent written from The addresses and
numbers for service of the Department and of the Entrepreneur shall be those
stated therein or such other address or number for service as the part to be
49
served may have previously notified in writing to the other party. A notice shall
be deemed to have been served as follows:
(a)
If personally delivered at the time of delivery,

Or
(b)
If sent by registered post A.D., telex, facsimile transmission or other

means of telecommunication, at the time of delivery or transmission
thereof
3.19
LAWS:
The Entrepreneur shall be all times during he continuance of the contract,
comply fully with all existing Acts, regulations and bye-laws, including all
statutory amendments and re-enactment of State Government or Government of
India and other local authorities and any other enactment, notifications and acts,
that may be passed In future, either by the, State Government or the
Government of India or local authorities including Indian Workmens
Compensation Act, Contract labour (Regulation and Abolition) Act, 1970 and
Equal Remuneration Act, 1976, Industrial Disputes Act, Maharashtra Contract
Labour Regulation and Abolition Rules, 1971, Dock Workers Scheme 1961,
Factories Act Minimum Wages Act, Provident Fund Regulations, Employees
Provident Fund Act and scheme made under same act, health and sanitary
arrangements for workmen, insurance and other benefits and shall keep the
Thane Municipal Corporation indemnified in case any action is commenced for
contravention by the Entrepreneur. If the Thane Municipal Corporation is
caused to pay or reimburse such amounts as may be necessary to cause or
observe or for non-observance of the provisions stipulated henceforth on the
part of the Entrepreneur, the Thane Municipal Corporation shall have the right
to deduct from any money due to the Entrepreneur or from his amount of
performance Security or recover from the Entrepreneur personally any sums
required or estimated to be required for making good the loss or damages
50
suffered by the Thane Municipal Corporation. If the amount of performance

Security is not sufficient to make up loss or damage caused to the Thane
Municipal Corporation and the Entrepreneur does not pay the requisite amount
within 30 days, the Thane Municipal Corporation shall have a right to file a suit
against him in the appropriate Court of Law or confiscate his properties in order
to make-up the loss or recover the amount as Arrears of land Revenue.
3.20
PERMISSION FROM POLICE DEPARTMENT (TRAFFIC):

The Entrepreneur shall obtain the necessary clearance from the Police
Department (Traffic) regarding the manner in which the Construction of foot
over-bridge will be carried out without causing any hindrance to movement of
traffic on the Road. The Thane Municipal Corporation shall, however, render
assistance not involving financial burden on TMC. However the Engineer shall
decide the sequence of construction.
3.21
CANCELLATION OF CONTRACT IN FULL OR IN PART:
3.21.1
If the Entrepreneur:
(a)
Commits default in complying with any of the terms and conditions of

contract and does not complete the agreement within fourteen days after
a notice in writing is given to him in that behalf by the Engineer or,
(b)
Shall offer or give or agree to give to any person in Thane Municipal

Corporation service or to any other persons on his behalf a gift or
consideration of any kind as an inducement or reward for doing or for
bearing to do or for having done or forborne to do any act in relation to
the obtaining or execution of this or any other contract from the
Government or,
(c)
Shall obtain a contract with the Thane Municipal Corporation as a result

of ring bidding or other non-bonafide methods or competitive bidding
or,
51
(d)
Being an individual or a firm, any partner thereof shall at any time be

adjudged insolvent or have a receiving order for administration of his
estate made against him or shall take any proceedings for liquidation or
composition (Other than voluntary liquidation for the purpose of
amalgamation or reconstruction) under any insolvency Act for the time
being in force or make any conveyance of assignment of his effects or
composition or arrangement for the benefit of his creditors or purport so
to do or if any application be made under any Insolvency Act for the
time being in force for the sequestration of his estate or it a trust deed be
executed by him for his creditors or,
(e)
Being a company, shall pass a resolution or the court shah make an order
for the liquidation of his affairs or a receiver or a manager on behalf of
the debenture holders shall be appointed or circumstances shall arise
which entitle the Court or debenture holders to appoint a receiver or a
manager or,
(f)
Shall suffer an execution being levied on his goods and allow it to be

continued for a period of 21 days or,
(g)
Assigns, transfers, sublets (engagement of labour on a piecework basis

or labour with materials not to be incorporated in the work shall not be
deemed to be subletting or attempts to assign, transfer or sub-let the
entire works or any portion thereof without the prior written approval of
the Engineer. The Engineer may without prejudice to any other right or
remedy which shall have accrued or shall accrue there after to the
Government by written notice, cancel work as a whole or only such
items of work in default from the contract.
3.21.2
The Engineer shall on such cancellation, have powers to:

(a)
Take possession of site and any materials, construction equipments,

plants, equipments stores etc. thereon and / or
52
(b)
Carry out the remaining incomplete work by any means, at the risk and
cost of the Entrepreneur.
3.21.3
On cancellation of the contract in full or in a part, the Thane Municipal

Corporation shall determine what amount, if any, is payable to the Entrepreneur
for the value of the work executed by him up to the time of cancellation. This
valuation shall be based on the D.S.R. applicable for the works under execution
plus 15%. Entrepreneur shall be eligible to get only 90% of this value amount.
This amount shall be paid to him in Suitable Installments at 9% rate of simple
interest from the date of termination. The performance security of the
Entrepreneur shall be forfeited. Suitable rates or prices shall be agreed between
the Executive Engineer and Entrepreneur for items not covered under D.S.R. In
event of disagreement, the City Engineer shall fix such rates or prices that in his
opinion be reasonable and proper.
3.22
VARIATION:
3.22.1
The expression Variation shall mean an order issued by the Engineer

requiring a variation, change modification or alteration in or to the general
characteristics or any of the design criteria, objectives, standards or
requirements or the scope of any item of the timing or sequence of construction
covering the entire project.
3.22.2
The Engineer may order Variation as above, if such Order does not involve any
material change in the scope of nature of the project.
3.22.3
In the event that the Engineer proposes to Issue a Variation Order he shall give
written notice thereof to the Entrepreneur who shall indicate as soon as
reasonably practicable, after receipt of the notice but not later than fifteen days:
53
(a)
The requirements as to the adjustments to the completion date, project

cost and the concession period, which the Entrepreneur then considers
appropriate as a result of such variation.
(b)
Whether the said variation may lead to a defective design, which may
prevent the Entrepreneur from complying with his duties, obligations
and warranties there under and propose a modification or modifications
to the proposed variation necessary in order to enable compliance with
duties, obligations and warranties.
3.22.4
(i)
If the Entrepreneur proposes a variation, written notice thereof shall be

given to the Engineer.
(ii)
On receipt of a proposal under sub-clause (i), the Engineer shall indicate

in writing within 30 days whether or not he has any objection to the
proposed variation, and in case the Engineer has no objection he shall
give a written approval to the proposed variation.
3.22.5
For avoidance of doubts, it is hereby clarified that approval by the Engineer of a

variation proposed by the Entrepreneur shall not, unless exclusively agreed,
constitute variation order or in itself entitled the Entrepreneur to an adjustment
to the completion date, project cost or cancellation period as in para 4.5.3 (a)
above.
3.22.6
As result of such variation, the target date and project cost shall be adjusted by
the Engineer by modifying the concession period. All the items included in the
variation order shall be valued at the rates and prices based on DSR rates
prevailing at the time of variation order plus 15 percent. Suitable rates or prices
shall be agreed between Executive Engineer and the Entrepreneur for items not
covered in the D S.R. In the event of disagreement the City Engineer shall fix
such rates or price as shall in his opinion be reasonable and proper.
54
3.23
STIPULATIONS:
i.
No restriction of any kind shall be imposed by the Entrepreneur on the

existing or future or facilities to be provided by the Thane Municipal
Corporation. No specific developments shall be undertaken or proposed
development altered to suit the proposal. During the construction period
no restriction shall be imposed by the Entrepreneur on the traffic plying
on this road unless approved by the City Engineer.
ii.
Foreign Exchange will not be furnished by the Thane Municipal

Corporation for the proposed project. The Entrepreneur shall have to
make his own arrangements in this regard. In case any Foreign
Exchange is required for importing specialized equipment for
construction or maintenance a letter of recommendation for the release
of Foreign Exchange may be given by the Thane Municipal Corporation
without any guarantee for sanction by the Government of India.
iii.
The Entrepreneur shall have to make arrangements for financing the

project from his own resources or from open market borrowings such as
from the Banks or any other Financial Institution.
iv.
Thane Municipal Corporation shall not guarantee repayment of Loans

secured by the Entrepreneur.
v.
New legislation will not be enacted or existing laws amended or existing

rules relaxed by the Government to suit the proposed project.
vi.
The Thane Municipal Corporation will not provide advance or loans for
the project.
vii.
The Engineer shall allow the Entrepreneur to start collection of

Advertisement charges at an earlier date if the Entrepreneur completes
the project before the stipulated date.
viii.
The Entrepreneur shall not be entitled to any special tax concessions or

any other concessions as a result of undertaking the proposed project,
55
other than those declared by the Government or the Government of India

before the last date of receipt of the bid.
ix.
Land for the proposed project shall be handed over to the Entrepreneur
for construction only and for the concession period.
3.23.10 The Entrepreneur shall not be permitted to construct permanent structures

except those, which are required for the project. The location and the layout of
these ancillary structures shall be got approved from the Engineer.
3.23.11 The Entrepreneur shall have to make his own arrangements for procuring
cement, steel or any other material required for the work, from the open market.
The Thane Municipal Corporation however shall render necessary assistance
not involving financial burden to the Thane Municipal Corporation for
procurement of cement, steel, bitumen or any other controlled material.
The Entrepreneur shall carry out all the required site investigations at his own
cost.
3.23.13 After the concession period is over, the foot over bridge with all equipments
accessories; furnitures and fixtures shall be handed over to the department by
the Entrepreneur free of cost in good repairs. At the beginning of concession
period, a list of such equipments accessories, furniture and fixtures shall be
prepared and attached to the agreement. After the period is over the
Entrepreneur will automatically forfeit the right to display the advertisement.
3.23.14 The Entrepreneur shall insure all his plants, machinery, workmen, labour, staff
and consultants engaged for any work including supervision as well as the
Thane Municipal Corporations staff on the project till the project is handed over
to the Thane Municipal Corporation.
56
3.23.15 Thane Municipal Corporation reserves the right to carry out or permit the work
of any other facilities near any or all sections of the project at any time during
the period of construction, operation and maintenance of the facility by the
Entrepreneur. The Entrepreneur shall give access to such facility / works
without any claim for damages, compensation, time delay etc.
3.23.16 The Entrepreneur shall complete the entire project within the time limit. Failure
to complete the work during the time limit shall render the Entrepreneur liable
to the Thane Municipal Corporation for liquidated damages at the rate as may
be decided by the City Engineer, which shall not exceed half a percent of the
project cost per month of delay in completion of the project. Such liquidated
damage shall be maximum up to the amount of the performance Security.
3.23.17 The progress of the work shall be :

1/8
of the work in 1/4 of the time.
3/8
3/4
3.23.18 In case the progress by the Entrepreneur is not satisfactory and particularly not
as per the schedule specified above, the Engineer shall cause liquidated
damages to be imposed, which shall be adjusted against the performance
Security. All compensation or other sums of money to be recovered under this
contract may be deducted from or paid by the sale of sufficient part of his
deposit or from the interest arising there from, or from any sums which may be
due or may become due by the Thane Municipal Corporation/ Government to
the Entrepreneur under any other contract or transaction of any nature or any
account whatsoever and in the event of his deposit being reduced by reasons of
any such deduction or sale as aforesaid, the Entrepreneur shall, within ten days
thereafter, make good in cash or Government securities endorsed as aforesaid
57
any sum or sums thereof The deposit referred to when paid in cash may, at the
cost of the depositor, be converted into interest bearing securities provided that
the depositor has expressly desired this in writing. In case the Entrepreneur
makes up the progress at the end, the liquidated damages levied shall be waived.
3.23.19 If the progress of any particular portion of the work is unsatisfactory, the City
Engineer or his authorized representatives, shall not withstanding that the
general progress of the work is in accordance with the conditions mentioned in
clause No. 3.23.17 be entitled to take action under clause 3.23. 17 after giving
the Entrepreneur 10 days notice in writing. The Entrepreneur shall have no
claim for compensation for any loss sustained by him owing to such an action.
3.23.20 However in case any delay Occurs because of circumstances beyond the control
of the Entrepreneur, suitable extension to the completion period of the project
without imposing liquidated damages shall be granted for completing the
project and the concession period shall be suitably extended. The decision of the
City Engineer in this regard shall he final.
3.24
SUSPENSION OF WORK:
3.24.1
(a)
The Entrepreneur shall, on receipt of written order of the Engineer,

suspend the progress of the work or any part thereof for such time and in
such manner as the Engineer may consider necessary, for any of the
following reasons: I)
On account of continued non-compliance of the instructions of

the Engineer or any default on the part of the Entrepreneur or,
II)
For proper execution of the works or part thereof for reasons

other than the default of the Entrepreneur or,
III)
For safety of the works or part there of or for any other reasons.
58
(b)
The Entrepreneur shall during such suspension, properly protect and

secure the works to the extent necessary and carry out the instruction
given in the behalf by the Engineer. If the suspension is ordered for
reasons (II) & (III) in sub para (a) above, the Entrepreneur shall be
entitled to an extension of time for completion of the project, equal to
the period of every Such suspension plus a reasonable time, as may be
decided by the City Engineer.
(c)
If the suspension is ordered for reasons of (t) in sub-para (a) above, the
Engineer shall have powers to suspend the admittance of project Cost
under the contract. Such suspension of admittance of project cost may be
continued until default shall have been rectified.
(d)
If any time, after the execution of the contract document, the Engineer
shall for any reason whatsoever (other than default on the part of the
Entrepreneur for which the Thane Municipal Corporation is entitled to
rescind the contract) desires that the whole or any part of the work
specified in the contract should be suspended for any period or that the
whole or part of the work should not be carried out at all, he shall give to
Entrepreneur a notice in writing of such desire and upon the receipt of
such notice the Entrepreneur shall forthwith suspend or stop the work
wholly or in part as required, having due regard to the appropriate stage
at which the work should be stopped or suspended so as not to cause any
damage or ii injury to the work already done or endanger the safety there
of provided that the decision of the Engineer as to the stage at which the
work or any part of it could be or could have been safely stopped or
suspended shall be final and conclusive against the Entrepreneur. The
Entrepreneur shall have no claim to am, payment or compensation
whatsoever by reason of or in pursuance of any notice as aforesaid on
account of any suspension, stoppage or curtailment if the total
suspension ordered by the Engineer is 30 days or less. In case the total
59
suspension exceeds 30 days, the concession period shall be suitably

modified.
3.24.2
If for any reason the Thane Municipal Corporation causes the Entrepreneur to
abandon the project midway then the cost of construction incurred by
Entrepreneur, the valuation shall be based on D.S.R. applicable plus 15%. This
amount shall be paid in suitable installments at 18.00% simple interest from the
date of such termination. If some rates are not figured in D.S.R. the payment of
such items should be made with mutual agreement of Executive Engineer and
Entrepreneur. In the event of disagreement the City Engineer shall fix such
rates shall in his opinion be reasonable and proper.
3.24.3
The Thane Municipal Corporation reserves absolute right to take over the
facility at any time after completion of work during the concession period.
Entrepreneur shall be eligible for compensation for the unrecovered amount as
per the details furnished by him in the accepted cast flow statement This
payment shall be made in suitable installments as may be decided by the
Engineer.
60
CHAPTER V
SPECIAL CONDITIONS OF CONTRACT
61
CHAPTER V: SPECIAL CONDITIONS OF CONTRACT

1)
Scope of Contract :
a)
This contract is for the Construction of Foot Over Bridges (FOBs) at

various locations along the road corridors on Design, Build, Operate and
Transfer (D-BOT) Basis against the display of advertisement rights
herewith, the display Concession period as negotiated with the preferred
bidder subject to the conditions of fulfilling display Concession period as
offered by the Bidder as per the Financial Offer and according to the
Conditions of Contract.
b)
Features
Preparation of Total Designs for Foot Over Bridges at the locations & in
conjunction with the existing site conditions, environment, community
demand.
The FOB designs shall meet the functional and material specifications
prescribed by TMC.
Construction of Foot Over Bridges with all essential facility at locations

and designs approved by TMC in respective corridors.
The revenue generation from the Foot Over Bridges shall primarily be
from Advertisements displayed on the FOB structure
c)
Scope of Work
Preparation of all of location specific Designs & Engineering Drawings of

all Foot Over Bridges suitable to the site conditions, existing environment
community demand, proposed structures on the road and basic
specifications prescribed by TMC .
Construction of Foot Over Bridges at approved locations and as per the

designs in with in Eight months.
Operation & Maintenance of Foot Over Bridges during concession period

as per the standards stipulated in the contract.
62
The essential services for users to be provided by the successful

bidder/Entrepreneur
Transfer the Foot over bridges after concession period.
d) Sources of revenue
Sources of revenues during concession period shall be essentially through
Display charges from Advertisements
e) Commencement and period of contract:
Date of commencement of contract for the given package shall be the day
of signing of contract. However any delay in handing over the sites of
individual FOB or getting approval from Thane Municipal Corporation
shall be considered in concession period that is the date for handing over
of FOBs from Entrepreneur to TMC. The period of construction shall be
included in concession period.
Entrepreneur shall make available the FOB for the public use by the end
of Twelve months from the handing over of sites of FOB. Any delay in the
completing the structure and opening for public use shall attract a penalty
as decided by City Engineer.
The Entrepreneur shall not be allowed to display advertisement on FOB

unless and until the Security Deposit virtual completion certificate is
obtained by the bidder and the necessary permissions / NOC from the
Thane Municipal Corporation and other concerned Statutory Authorities
are obtained.
f)
The Entrepreneur shall obtain approvals from all the statutory authorities concerned
necessary for display of advertisement on Foot Over Bridges and its illumination.
The Entrepreneur shall submit such approvals / NOCs to the City Engineer. All the
cost for obtaining approval / NOCs from statutory authorities shall be borne by the
Entrepreneur.
63
g)
The successful Bidder is bound by the terms and conditions of this contract, to
display advertisement on Foot Over Bridges in given lot mentioned in the
Annexure.
2.
Advertisement on Foot Over Bridges / removal / shifting thereof :

a) The Entrepreneur shall alone be responsible for the display of advertisement on
Foot Over Bridges. The Entrepreneur shall submit complete details of the
framework proposed for advertisement for the perusal of TMC. The Entrepreneur
shall comply with the directions/instructions of the City Engineer or his
representative in respect of the said arrangement. The Entrepreneur shall also
comply with the directions/instructions of Owners Consultants for the project if
and when deputed to the site for supervision.
b) All expenses connected with removal of advertisement and maintenance of
Advertisements etc, if any shall be borne by the Entrepreneur. The Entrepreneur
should attend the complaints pertaining to the advertisement provided on Foot Over
Bridges within 3 days from the receipt of such letter issued to them from time to
time.
c) If at any time during the continuance of the contract City Engineer Thane
Municipal Corporation duly empowered or authorized in that behalf shall lawfully
require the City Engineer, Thane Municipal Corporation or the officers referred to
hereinabove for any reason including road widening, concreting etc to remove the
advertisement Foot Over Bridge, the Entrepreneur on prior intimation from the
Thane Municipal Corporation shall remove the advertisement displayed at their
own expense forthwith.
If the Entrepreneur shall make default in such removal
after notice to that effect has been served upon them by the City Engineer or the
Officers referred to hereinabove within the time period stipulated in the notice, then
the City Engineer, or the Officers referred to hereinabove shall be at liberty to
effect such removal at the risk and cost of the Entrepreneur without the
Entrepreneur becoming entitled to any compensation in respect thereof and in that
case the Entrepreneur shall be liable to pay the penalty to Rs. 5,000/- per FOB
64
per day. The Entrepreneur shall be entitled to take back the said material from the
City Engineer, Thane Municipal Corporation within a period of 15 days from the
date of intimation to the Entrepreneur to that effect after which such materials
would become the property of the City Engineer, Thane Municipal Corporation and
the Entrepreneur shall have no claim of whatsoever nature on them.
3.
Maintenance & Erection of Advertisement :

a) The Entrepreneur shall bear all costs incurred for display of advertisement on Foot
Over Bridges and shall carry out the work of fixing and removing the same in a
careful manner without doing any damage to the Foot Over Bridges and the
adjoining property. If any damage is caused to the same, it shall be made good by
the Entrepreneur at its own cost to the entire satisfaction of the City Engineer or his
representatives. The Entrepreneur shall maintain the advertisement along with the
frame work, if any, in good condition and likewise ensure that the display of
advertisement thereon is in a proper and perfect condition. The Entrepreneur shall
immediately on receiving notice from the City Engineer, T.M.C. or the Officer
authorized in that respect, make good at their own expense the default / fault in the
Foot Over Bridges/ advertisement with the structure to the entire satisfaction of the
City Engineer, T.M.C. Officers referred to hereinabove within seven days from the
date of receipt of such notice, failing which the City Engineer Thane Municipal
Corporation shall be at liberty to proceed with the work required to be carried out at
the risk and cost of the Entrepreneur without any further notice to them as
stipulated in Clause No 13 appears herein after.
b) While the advertisements are being fixed or removed or re-fixed by the
Entrepreneur, it shall take all necessary safety precautions and if any damage is
caused to or is suffered by a person or property of the City Engineer Thane
Municipal Corporation or by any third party due to any cause whatsoever, the
Entrepreneur shall be solely responsible for compensation or damage to the City
Engineer Thane Municipal Corporations property or the third party as the case may
65
be and the Entrepreneur shall indemnify and keep the City Engineer Thane
Municipal Corporation indemnified in respect of any claim made there under.
c) The City Engineer, T.M.C. shall not be liable to pay any compensation in case the
Entrepreneur, their servants, agents or any other person meet with an accident or in
case any injury is caused to or suffered by any one of them or by any third party or
to any property whatsoever while the work under the contract is undertaken by the
Entrepreneur while the advertisement on Shelters along with frame work, if any,
continues to be displayed on the Foot Over Bridges. The Entrepreneur shall keep
the City Engineer Thane Municipal Corporation indemnified in that respect.
d) The Entrepreneur shall not carry out any addition or alteration to the Shelter unless,
it is approved by the City Engineer, TMC.
4.
a)
Illuminated Advertisement :The Entrepreneur shall be permitted, subject to power cut and / or any other
restrictions and / or other rules in force, which are beyond the control of the City
Engineer Thane Municipal Corporation to display illuminated advertisement on any
Foot Over Bridges at their options at the Locations mentioned in the Annexure.
However, due to non-availability of power supply for any reason, no claim of any
sort would be entertained in this regard. No separate payment will be charged by
TMC to the Entrepreneur for illuminating the advertisement.
b)
The installation work including electrification should be done by the Entrepreneur.

The structure / design should have prior approval of the City Engineer, TMC/ City
Engineer Thane Municipal Corporation Electricity bills for such illumination
should be paid by the Entrepreneur directly to the concerned authorities. The
electrical installation including earthing of all metallic parts, provision of ELCB
etc. shall be in accordance with the provisions of the Indian Electricity Act, 1910
and Indian Electricity Rules and the approved plan. All external and internal wiring
cables, fittings including service cables and provision of Meter Box, etc. required
for illumination of Foot Over Bridges shall be procured and laid by the
Entrepreneur at its own cost using the ISI approved materials and as per Standard
66
Specifications. The Entrepreneur shall provide/ install the electric meter box at
appropriate height, so that it should not obstruct the commuters/ pedestrians. No
additions or alterations should be made without prior approval of the City Engineer
Thane Municipal Corporation. The illuminated advertisement to be constructed /
put up should be completely waterproof, so that no water enters inside and damages
electrical wires, etc.
c)
The Entrepreneur shall protect the installation and shall arrange to maintain
it in good and safe working condition by way of periodical checking (once in 3
months) and renew it as and when necessary with the approval of the
Statutory Authorities concerned as the case may be.
d)
The maintenance of illuminated advertisement shall also be the responsibility of the

Entrepreneur. The Entrepreneur shall carry out the work pertaining to the fixing,
maintaining and removal of illuminated advertisements at its own cost. The
Entrepreneur shall be wholly responsible for compensation or damages in case of
damage to any property, lives of the person of City Engineer Thane Municipal
Corporation or public due to display of the illuminated advertisements including
electric shock and fire due to short-circuit, etc. In such cases, the amount of
compensation assessed by the City Engineer Thane Municipal Corporation shall be
final and binding on the Entrepreneur.
On the expiry of contract period, the
Entrepreneur shall arrange to disconnect the electric supply including pot heading
of electric cable and reinstatement work etc. wherever illuminated advertisement
has been displayed.
e)
The Entrepreneur shall ensure that illumination is done in such a way that it does
not cause any nuisance to the vehicle drivers on the road or to the residents in the
vicinity. Any objection raised in this respect shall be rectified / removed by the
Entrepreneur immediately at its own cost. The use of Generators for illuminating
advertisement would not be permitted under any circumstances. However, if at any
time the Generator Sets are found installed for illuminating advertisement, the same
67
would be removed at the risk and cost of the Entrepreneur without any intimation to
him as stipulated in Clause No.13 appears hereinafter.
f)
It will be the Entrepreneurs sole responsibility to pay during Concession period

license fees, taxes, electricity bills etc. levied by the Competent City Engineer
Thane Municipal Corporation directly to the City Engineer Thane Municipal
Corporation concerned.
g)
It shall be the sole responsibility of the Entrepreneur to obtain all necessary

permissions from the Statutory Authorities required for illuminating the
advertisement and obtaining power supply under intimation to the City Engineer,
h)
The glare factors should be so defused that it does not create any nuisance to the
eyes of the road users / commuters.
i)
No Traffic light colors i.e. red, green and amber should be used for the illumination
of the advertisement over Shelter.
j)
If at any time it is found / noticed that the Entrepreneur has drawn electric supply
unauthorisely to illuminate advertisement over Foot Over Bridge, then the
Entrepreneur shall be liable to pay on demand the electricity Concession period and
/ or penalty as computed by the Thane Municipal Corporation / M.S.E.D.Company
or any other competent City Engineer Thane Municipal Corporation.
k)
The Entrepreneur shall strictly follow the provisions (amended from time to time)
of the Bombay Electricity (Special Powers) Act 1946 under which at present, the
use of electrical energy for the purpose of lighted (illuminated) hoardings and bill
boards for more than five hours in a day is prohibited subject to such use or
consumption shall not be permissible beyond mid-night.
5.
Urgent Removal of Advertisement:

If the advertisement on the Foot Over Bridges is required to be shifted or removed
urgently due to accidents, act of God, thefts, or on the direction of concerned Statutory
Authorities before the expiry of contract period for any other reason whatsoever, the
advertisement displayed on it shall be removed by the Entrepreneur forthwith within
68
twenty four hours on receipt of telephonic / written instructions to that effect. In

case of failure to do so the City Engineer Thane Municipal Corporation will arrange to
have the same removed at the risk & cost of the Entrepreneur. The Entrepreneur shall
collect the materials from the City Engineer Thane Municipal Corporations premises
within 15 days from the date of receipt of intimation to them to that effect. No
compensation in that respect will be payable to the Entrepreneur.
6.
Accident and Damage to Foot Over Bridges and Advertisement thereon:

Thane Municipal Corporation shall not be responsible or liable to compensate the
Entrepreneur for any loss or damage, wear and tear of the advertisement on the Foot
Over Bridges or due to non-display of advertisements due to the said damage
breakage etc, if any, for any reason whatsoever during the period of contract. Thane
Municipal Corporation shall also not be responsible for disfigurement of or detriment
to the display of advertisement due to pasting of paper posters or any other material
thereon or due to any other reason whatsoever. The Entrepreneur shall not claim any
rebate including reduction in display Concession period against the Thane Municipal
Corporation for non-display of advertisement and removal of shelter on such account,
during the contract period.
7. In case of damage / accident to Foot Over Bridges, the advertisement thereon, shall be
removed/ rectified by the Entrepreneur within the period of 7 days from the date of intimation
from the City Engineer Thane Municipal Corporation to that effect. On failure of the
Entrepreneur to do so the same would be got done by the Thane Municipal Corporation at the
risk and cost of the contractor as stipulated in Clause No 13 referred hereinafter. However, the
period of 7 days may reduce considering the urgency of the work and at the discretion of Thane
Municipal Corporation..
8 Approval of advertisement matter / objectionable advertisement:-
a) Before the display of the advertisement, the Entrepreneur shall in the first place
submit the text of advertisement matter, art work etc. of each display for the
approval of the City Engineer or the Officer authorized by him.
69
b) The display of advertisement, designs, materials and positions for all advertisement
shall be subject to the approval of the City Engineer or the Officer authorized by
him.
c) The Entrepreneur shall not display advertisement propagating Cigarettes, Bidis or
any other type of Tobacco or its product, alcohol or other intoxicant products. 'The
Entrepreneur shall also not display advertisement related to awareness about HIV /
AIDS unless permitted / approved by Public Health department, Govt of
Maharashtra and screened by the Thane Municipal Corporation in order to ensure
that the advertisement does not impart an anti-women message. Similarly the
Entrepreneur shall not display advertisement which imparts any message against
any individual, group, class creed, religion and race.
d) Further, no advertisement shall be displayed which, in the opinion of the City
Engineer Thane Municipal Corporation or the Officer authorized by him, offend
any law or religion or public morality or is defamatory or the display whereof is
prohibited by any lawful City Engineer Thane Municipal Corporation or is against
the interest of the T.M.C.
e) No unsightly, indecorous or objectionable advertisement shall be displayed at any
site under this contract and the decision of the City Engineer Thane Municipal
Corporation as to what is unsightly, indecorous or objectionable within the
meaning of this Clause shall be final and binding upon the Entrepreneur. Upon the
City Engineer requiring the Entrepreneur to remove any such advertisement, the
Entrepreneur shall forthwith remove the display thereof without any dispute /
claim.
f) No advertisement with the use of the name or pictorial representation of any
national figure or emblem prohibited by law shall be displayed by the
Entrepreneur.
g) During the period of contract, if on any ground any advertisement is / are objected
to by any Competent City Engineer Thane Municipal Corporation or if the
advertisement is objectionable in anyway as stated above, then the Entrepreneur
70
shall remove / deface the said advertisement within 24 hours on receipt of verbal/
written instructions to that effect. On failure of the Entrepreneur to do so, the
same would be removed/ defaced by the City Engineer Thane Municipal
Corporation at the risk & cost of the Entrepreneur and the Entrepreneur shall be
liable to pay Concession period at the rate of Rs. 5,000/- per FOB per day. The
Thane Municipal Corporation shall not be liable to pay to the Entrepreneur any
refund/ damage or claim thereon.
h) No Traffic Colours i.e.
Red, Green and Amber should be used for
advertisement.
10 .
Idle Time Display
The Entrepreneur shall pub up a approved civic message or piece of art highlighting
glory of national interest or any other approved artwork on the advertising display. At
no point of time except regular maintenance or change over of displays the bare
display mechanism or structure shall be kept exposed. This condition is to maintain
the visual aesthetics of the Foot over bridge.
11.
Compliance of Contract :-
If the Entrepreneur shall neglect or fail to do anything which they have agreed to do
under the terms and conditions of contract, the City Engineer,TMC or the Officer
referred to hereinabove may serve a notice to the Entrepreneur asking it to do the
things agreed upon as aforesaid, and on their further neglect or failure to do so, cause
the same to be done and recover the costs thereof from the Entrepreneur without
prejudice to any other right the City Engineer Thane Municipal Corporation may have
on account of such default.
All the works as required to be done by the Entrepreneur under the different clauses of
this contract shall be carried out by the Entrepreneur within the time specified and the
manner set out and to the entire satisfaction of the said officers of the City Engineer
Thane Municipal Corporation. If the Entrepreneur fails to carry out the said works as
aforesaid, the same shall be carried out by the City Engineer Thane Municipal
71
Corporation at its risk and cost and the Entrepreneur shall be liable and bound to pay
the Concession period for the same to the City Engineer Thane Municipal Corporation
immediately on demand at the following rates:
a)
If carried out by engaging any other Entrepreneur then the cost of work carried
out by the Entrepreneur plus overhead Concession period at the rate of 10% of
the total value of the work done through such Entrepreneur.
b)
If carried out by deploying departmental resources, the cost of work plus the
overhead Concession period at the rate of 150% on the cost of labour and 20%
on the cost of materials.
Entrepreneurs responsibility against all claims, actions, losses, etc. :
12.
a)
The Entrepreneur shall indemnify and keep indemnified the City Engineer
TMC against all payment, claims, actions, demands, losses, costs, Concession
period and expenses which the City Engineer Thane Municipal Corporation
may incur or be put to or which may arise by reason of the exercise of the
right to display advertisement on Foot Over Bridges hereby granted including
claims or actions arising out of any advertisement being challenged or held to
be libellous or defamatory or in consequence of the falling or displacement or
breakage of any advertisement on Foot Over Bridges or otherwise, as the case
may be, or part thereof, due to any reason whatsoever and also against any
claim made by the local City Engineer Thane Municipal Corporation or any
other person in respect thereof and against any claim for rates or taxes levied
in respect of anything done under this contract. The Entrepreneur hereby
undertake as an essential condition of this contract that they shall within 15
days of a notice in writing requiring them to do so, pay to the City Engineer,
TMC all moneys payable by them in respect of such claims, actions,
demands, losses, costs, Concession period and expenses. On failure to do so
the City Engineer Thane Municipal Corporation shall be entitled to
adjust/recover the money from the Security Deposit and the Entrepreneur
72
shall make good the deficit so as to bring the security deposit to its original
amount.
b)
If at any time during the continuance of this contract, it shall become

impossible by reason of strike, lockout, war, fire, flood or any Government
enactment or regulation or any order of the Hon'ble courts or any other cause
beyond the control of the City Engineer Thane Municipal Corporation, to
fulfill the contract in respect of all or any site in accordance with the terms
hereof, the Entrepreneur shall have no claim / damage / compensation,
whatsoever against the City Engineer Thane Municipal Corporation in respect
of any inability or incapacity to fulfil the contract or non display of the
advertisement.
c)
However, the Entrepreneur may prematurely rescinded the contract by giving

three months notice in writing of his intention to do so to the City Engineer,
TMC. The said period of three month shall commence from the first day of
the following month in which the notice of termination is given by the
Entrepreneur.
13.
Payment of Expenses, Municipal License, Fees, etc. during Concession period,
a) The Entrepreneur shall be solely responsible for and shall forthwith discharge
directly all payments (Other than property Tax and Ground Rent) including
Municipal License Fees or any other costs levied by Municipal or other
Public Authorities on account of displaying advertisement on Foot Over
Bridges at various locations mentioned under this contract. The Entrepreneur
shall, within seven days from the date of intimation by the City Engineer
Thane Municipal Corporation, pay to the City Engineer Thane Municipal
Corporation or any concerned City Engineer Thane Municipal Corporation
rents, taxes, Concession period, License Fees, which are required to be paid
by the Entrepreneur. The FOB shall be termed as public property erected for
benefiting Pedestrians using FOBs & are erected on behalf of Government.
The City Engineer Thane Municipal Corporation shall in no way be
73
responsible for the above payment. Any additional expenses or Concession

period by way of penalty, interest/penal interest etc. in case of failure to pay
shall be borne by the Entrepreneur.
b) The Entrepreneur shall produce for verification of the City Engineer, TMC or
the Officers referred to hereinabove, the original receipts in respect of the
payment of Municipal License Fees and other rents and taxes levied by such
Competent Authorities, whenever called upon to do so. The Entrepreneur
shall produce the receipts in respect of the payment of License fees and other
rents etc. to the City Engineer Thane Municipal Corporation every six months
along with a Xerox copy for the City Engineer Thane Municipal
Corporations record.
c) If any such sum due remains unpaid by the Entrepreneur and the City
Engineer Thane Municipal Corporation is called upon by the concerned
Authorities to make good the payment then the City Engineer, TMC would be
at liberty to make the payment from the security deposit of the Entrepreneur
or any other amount from any other contract of the Entrepreneur available
with the City Engineer Thane Municipal Corporation.
14.
Withdrawal of Foot Over Bridges:

In case any FOB/s in this tender after actual commencement of work is
withdrawn/deleted by the TMC for any reason beyond its control, the
Entrepreneur would be proportionately compensated in terms of concession
period, based on detail presented in the financial offer and on the display
Concession period quoted by the Entrepreneur with immediate effect.
However in any case concession period will not exceed 30 years. Decision of
the TMC commissioner, in this matter is final and binding.
15.
Insolvency of the Entrepreneur or non-observance of the obligation of

contract on the part of Entrepreneur :If the Entrepreneur shall commit any act of insolvency or shall be adjudged
insolvent or shall have an order for compulsory winding up made against them
74
or pass an effective resolution for winding up voluntarily or subject to the

supervision of the court or if the Entrepreneur shall suffer execution to be
issued or shall suffer any payment under this contract to be attached or shall
charge or encumber this contract or any payment due or which may become
due to the City Engineer,TMC hereunder or compound with their creditors or
if the Entrepreneur fail to observe and perform any of the obligations,
covenants or agreements on their part herein contained or if the Entrepreneur
shall go into liquidation, then on all or of such events happening, it shall be
lawful for the City Engineer, TMC. to determine this contract and take
possession of Foot Over Bridges & advertisement along with its frame work, if
any, displayed under this contract and the same shall become the property of
the City Engineer Thane Municipal Corporation without prejudice to the rights
of the City Engineer, TMC to recover all sums then due by way of rentals or
consideration under this contract and damages, if any, in respect of any breach
or default on the part of the Entrepreneur.
a.
In case the Entrepreneur is in arrears of any payments, the City Engineer, TMC
shall give a notice of 15 days in writing to recover such amount. At the expiry of
the notice, without any further consent on the part of the Entrepreneur, other than
the consent which is implied by the execution of the agreement, to use/realise the
said Security Deposit or any part thereof and to apply the proceeds of such
realization in or towards the payment and satisfaction of any and every sum
which may be due by the Entrepreneur to the City Engineer Thane Municipal
Corporation or the Thane Municipal Corporation, Thane or other Statutory City
Engineer Thane Municipal Corporation under this contract. If the Entrepreneur
fails to honour any contractual obligation or defaults in making payment for any
reason, then the City Engineer Thane Municipal Corporation will be at liberty to
recover the said cost from the Security Deposit or any other amount due and
payable to the Entrepreneur. In such an event, the Entrepreneur shall make good
75
the amount of Security Deposit to its original amount with immediate effect,
failing which the City Engineer Thane Municipal Corporation would be at liberty
to take such action as provided herein, including termination of contract.
17.
Deleted
18.
Forfeiture of Security Deposit :

In the event the Entrepreneur commit a breach of any of the terms and conditions
of the contract or fail to observe and comply with any of the requirements under
this contract, the City Engineer, TMC shall be entitled to forfeit the Security
Deposit either in whole or in part thereof at his discretion without prejudice to
other rights and remedies open to the City Engineer Thane Municipal Corporation
and it shall be binding on the Entrepreneur.
19.
Transfer of right :The Entrepreneur shall not assign, under-let, sub-let the contract or assign or
transfer in any way the right granted under this contract to any person or persons
or firm or Entrepreneur or Company with out prior approval of the TMC.
20.
Surrendering of the Foot Over Bridges on the expiry / termination of the

contract :The Entrepreneur handover the structure of FOB free of cost to TMC shall
remove all the advertisement boards on the Foot Over Bridges, if any displayed
thereon, immediately i.e. on the last day on expiry / termination of the contract.
On default of the Entrepreneur, the said advertisements shall be removed by the
City Engineer Thane Municipal Corporation at the risk and cost of the
Entrepreneur and the Entrepreneur shall be liable to pay the penalty / Concession
period at the rate of Rs. 5,000/- per day per FOB.
76
Due care shall be taken by the Entrepreneur while booking the contracts for
advertisements on Foot Over Bridges so that no advertisement is displayed after
the expiry of this contract.
21.
Termination of Contract :If during the period the contract remains in force the City Engineer,TMC has
reasons to be dissatisfied with the execution of contract and/or the performance of
the Entrepreneur, the City Engineer,TMC or the officer appointed by the City
Engineer,TMC may by notice in writing call upon the Entrepreneur to remove the
cause of such dissatisfaction in the way to be indicated in the notice and if the
Entrepreneur fail for a period of 15 days after the receipt of such notice to remedy
such cause of dissatisfaction to the satisfaction of the City Engineer,TMC , then
the City Engineer,TMC or the officer appointed by him shall serve a further 7
days notice to the Entrepreneur in writing and on failure of the Entrepreneur to
follow the orders in the said notice and notwithstanding anything contained in the
agreement to the contrary, the City Engineer,TMC shall have a right to terminate
the contract by giving a final 48 hours Notice in writing and the contract shall on
expiry at the notice period stand terminated without prejudice to the right of the
City Engineer,TMC to forfeit the Security Deposit as provided under clause 18 of
this contract. In addition to the Security Deposit the City Engineer,TMC shall
have right to forfeit any other amount due and payable to the Entrepreneur under
this or any other contract with the Thane Municipal Corporation
22.
Jurisdiction of Court :The court located in Thane only shall have jurisdiction to try and decide the
matter/dispute between the parties.
23.
The Contract Agreement :The Entrepreneur whose Bid has been accepted shall within one month from the
date of acceptance letter (work order) enter into a written agreement with the City
Engineer, TMC for the proper fulfillment of the contract on lines similar to the
77
terms provided herein, failing which it shall be construed as if the Entrepreneur

has entered into binding agreement with the Thane Municipal Corporation. The
Entrepreneur shall also get the contract Agreement duly adjudicated upon from
the stamp office at Mumbai.
In the event of the Bid of a Partnership Firm/ company being accepted, the
contract agreement shall be signed by all the partners of the Firm/ Company or by
the competent persons on behalf of the Firm/ Company, subject to production of
the necessary resolution or any other documents in support thereof.
24.
Preparation of the Agreement :The Agreement shall be prepared and endorsed by the City Engineer Thane
Municipal Corporation and shall be forwarded to the Entrepreneur after the
acceptance of its bids. Should the Entrepreneur not execute the Agreement after
the date of its receipt by them as stated above, the City Engineer Thane Municipal
Corporation may, at its option and without prejudice to its other rights or claims
against the Entrepreneur for non-compliance with any of the provisions of these
conditions, within thirty days after the receipt of the Agreement by the
Entrepreneur, by notice in writing to the Entrepreneur, revoke the acceptance of
the bid and thereupon .The City Engineer Thane Municipal Corporation shall not
be liable for any claim or demand from the Entrepreneur in respect of any matter
or thing whatsoever in connection with the contract, but the City Engineer Thane
Municipal Corporation shall be entitled to the forfeiture of the Earnest Money
deposited by the Entrepreneur alongwith the Bid or the Security Deposit paid by
the Entrepreneur on the intimation of acceptance of this bid.
25.
Stamp Duty :-
The stamp duty as applicable shall be borne by the Entrepreneur and shall be as per
Mumbai Stamp Duty act 1958.
The Entrepreneur shall comply with the provision of ESI Act, 1948, amended from
time to time and shall pay the contribution (employees and employers) in respect of
labors employed by Entrepreneur such contribution shall be paid through the City
78
Engineer Thane Municipal Corporations ESI Department. It shall be obligatory on

the part of the Entrepreneur to pay, if any liability arises at the time of ESI Inspection.
a)
It shall be obligatory on part of the Entrepreneur to submit the declaration

forms Nos. 1 and 3 in accordance with regulation 11 read with regulation 14 of
the above mentioned Act within 3 days from the date of commencement of the
work to the ESI Section/Dept. of the City Engineer Thane Municipal
Corporation duly certified by the Head of the Department. No payment shall
be released to the Entrepreneur till the compliance of said formalities.
b)
The Entrepreneur shall also submit Attendance and Wage Register of all
laborers engaged on work (employees covered under ESI or beyond ESI)
every month on or before 10th day of the next month for on going works to the
City Engineer Thane Municipal Corporations ESI Section/Dept. duly certified
by the Department concerned and representative of Audit Department. The
amount to be paid towards ESI contribution will be intimated to the
Entrepreneur by the ESI Section/Dept. within 3 working days from the date of
submission of Attendance/Wage Register. For those works which are to be
completed in short duration i.e. one month or less than one month, the
Entrepreneur shall submit Attendance and Wage Register, immediately on
completion of work and payment of Wages to the laborers, duly certified by
the Department concerned and representative of Audit Department.
The
Entrepreneur will also comply with the requirement as stated in para (ii)
above.
c)
In the event of failure of comply with the above requirement, the Entrepreneur
shall be liable to pay penalty comprising of penal interest presently at 12% p.a.
as per Regulation 31A and damages as per Regulation 31C depending upon the
period of delay in payment of usual ESI contribution and the same will be paid
to ESI Contribution under separate challan. No dispute on this account will be
entertained. The Engineers decision in this regard shall be final.
79
d)
In case the ESI covered employees of the Entrepreneur continue working and
drawing wages within insurable wage ceiling beyond 30th September and 31st
March, the information in respect of these employees such as name of the
employee, his insurance number and the name and code number of the ESI
Panel Doctor with whom he has registered his name shall be furnished to the
ESI Section on 10th Day of the following months.
27.
The Entrepreneur shall make its own arrangement for Water and Electricity
required for the work. The extra water and/or sewerage Concession period wherever
applicable shall be paid to the Thane Municipal Corporation concerned department
directly at its cost and should submit receipts thereof to the City Engineer Thane
Municipal Corporation.
28.
Removal of Debris:
The Entrepreneur shall remove the debris from the site of work within 24 Hrs. from the
date of written instructions to the Entrepreneur to that effect, failing which the City
Engineer Thane Municipal Corporation will remove the same by engaging any other
Entrepreneur or departmentally and the cost of the same shall be recovered as stipulated
in the Condition No. 13 of the Conditions of Contract from any money due to them,
such decision shall not form the subject matter of any dispute.
29.
The work shall be carried out without causing any inconvenience to the
pedestrians, shop owners, etc., in the vicinity. The Entrepreneur shall further take all
necessary precautions such as display boards, signals, barricading of sites, posting of
watchmen etc., before starting the work and all expenses on this account shall be borne
by the Entrepreneur. The Entrepreneur shall not cut / prune the branches of the tree in the
vicinity of the Foot Over Bridges without prior written permission of the Tree City
Engineer Thane Municipal Corporation of Thane Municipal Corporation. The necessary
permission shall be obtained by the Entrepreneur at its cost.
30.
All reinstatement work shall be done by the Entrepreneur so as to match with the
surrounding surfaces at their own cost, to the satisfaction of the Engineer.
80
31.
The Entrepreneurs attention is drawn to the Contract Labour (Regulation and
Abolition) Act, 1970 and the Maharashtra Contract Labour (Regulation and Abolition)
Rules, 1971. The Entrepreneur shall comply with the provisions of the said Act and
Rules framed there under.
32.
If the bidder after submitting the Bid withdraws or varies it within the validity
period, the Earnest Money Deposit of the Bidder shall stand absolutely forfeited. The
above actions against the Bidder are without prejudice to the rights and remedies
available to the City Engineer Thane Municipal Corporation.
33.
If any damage is caused to the surrounding property while carrying out the work
by the Entrepreneur, the same shall be made good free of cost.
34.
Illegal Gratification:
Any bribe, commission, gift or advantage given, promised or offered by or on behalf of

the Entrepreneur, agent or servant of any one on their behalf of any officer, or employee
of the Thane Municipal Corporation or to any person on their behalf in relation to the
obtaining or the execution of this or any other Contract with the Thane Municipal
Corporation shall, in addition to any criminal liability which they may incur, subject the
Entrepreneur to the recession of the contract and all other contracts with the Thane
Municipal Corporation and to the payment of any loss or damage resulting from such
recession, and the Thane Municipal Corporation shall be entitled to deduct the amount so
payable from any monies due to the Entrepreneur under the contract or any other contract
with the Thane Municipal Corporation. The Entrepreneur shall not lend or borrow from
or have to enter into any monetary dealings or transactions either directly or indirectly
with any employee of the City Engineer Thane Municipal Corporation and if they shall
do so the City Engineer Thane Municipal Corporation shall be entitled forthwith to
rescind the contract and all other contracts with the City Engineer Thane Municipal
Corporation.
Any question of dispute as or to the commission of any offence or
compensation payable to the City Engineer Thane Municipal Corporation under this
81
clause shall be settled by the City Engineer,TMC, in such a manner as he shall consider
fit and sufficient and his decision shall be final and conclusive.
35.
If the Entrepreneur fails to honour any contractual obligation or defaults in
making payment for any reason, then the City Engineer Thane Municipal Corporation
will be at liberty to recover the said cost from the Security Deposit or any other amount
due and payable to the Entrepreneur.
36.
Termination of contract for death:
If the Entrepreneur is an individual or a proprietary concern and the individual or the

Proprietor dies and if the Entrepreneur is a partnership concern and one of partners die
then unless the City Engineer is satisfied that the legal representative of the individual or
the proprietor of the proprietary concern and in the case of partnership, the surviving
partners, are capable of carrying out and completing the contract, the City Engineer shall
be entitled to cancel the contract as to its incomplete part without the City Engineer
Thane Municipal Corporation being in any way liable for payment of any compensations
to the estate of the Entrepreneur and/or to the surviving partners of the Entrepreneur on
account of the cancellation of the contract. The decision of the City Engineer, that the
legal representative of the Entrepreneur or the surviving partners of the Entrepreneur
cannot carry out and complete the contract shall be final and binding on the parties.
37.
The City Engineer, TMC may from time to time delegate his powers to any
officer of the City Engineer Thane Municipal Corporation for execution of contract and
all the decisions, orders issued by the said officer shall be binding on the Entrepreneur. If
any doubt, dispute or difference arises or happens between the Officer on the one hand
and the Entrepreneur on the other hand in respect of the said works or any of them or
relating to the quantities, qualities, workmanship, description or manner of work done
and executed by the Entrepreneur or to be quantity or quality of the materials to be
employed therein or in respect of any additions, deductions, alterations or deviations
made into or from the said works or any part thereof or of any plans, drawings,
conditions, recoveries or of any instructions, orders, directions referred to therein or
82
which may be furnished or given during the progress of the works or in respect of any
certificate of payment, order which have been made or in any way whatsoever relating to
the interest of the City Engineer Thane Municipal Corporation or of the Entrepreneur in
the premises, every such doubt dispute and difference shall within 14 days of the
occurrence of the doubt, dispute, difference be referred to the City Engineer,TMC who
shall give his decision within a period of 90 days. The City Engineer Thane Municipal
Corporation decision shall be final and binding on the Entrepreneur.
38.
Subject as otherwise provided in this contract all notices to be given on behalf of
the City Engineer Thane Municipal Corporation and all other actions to be taken on its
behalf may be given or taken by the Engineer i.e. City Engineer, TMC or any Officer
appointed by him for the time being entrusted with the functions duties and power of the
Engineer. All notices, communications, references and complaints made by the City
Engineer Thane Municipal Corporation or the Officers representative or the
Entrepreneur inter-se concerning the work shall be in writing and no notice
communication, reference or complaint not in writing shall be recognised, and if sent by
registered post and under certificate of posting to the last known place or abode or
business of the Entrepreneur shall be deemed to have been served on the date when in the
ordinary course of post these would have been served on or delivered to him.
39. Notice from the Entrepreneur to the City Engineer Thane Municipal Corporation
shall be served on the Engineer City Engineer,TMC personally or by registered post
addressed to the City Engineer Thane Municipal Corporation at their office address of
Thane Municipal Corporation , Chandanwadi, Pachpakhadi Thane (West)
40. The Entrepreneur shall comply with the Policy Guidelines of Grant of Permission for
display of Skysigns and advertisement under section 328 and 328A of MMC Act 1888.
83
The Entrepreneur shall also comply with section 116(4) of Motor Vehicles Act
41
1988 while displaying advertisement.

42.
Rounding off amounts :
The total amount due towards SD shall be rounded off to the nearest rupee. An
amount of 50 paise and below shall be ignored and 51 paise and above shall be reckoned
as one rupee.
43.
a)
Penal Action :
If the Bidder after submitting the Bid withdraws or varies it within the validity
period the Bidder shall be liable to be banned from the City Engineer Thane
Municipal Corporation for a period of Five years that shall be reckoned from
the date of withdrawing or varying the Bid.
b)
The Entrepreneur after award of contract shall perform the contract with due
diligence of the Conditions of Contract put to Bid, failing which it shall be
construed upon as the Entrepreneur has defaulted in honouring contractual
obligations and the defaulting Entrepreneur after termination of contract
shall thus be liable for penal action so as to debar the defaulting Entrepreneur
from having dealing with the City Engineer Thane Municipal Corporation
either permanently or for the period as shall be decided by the City Engineer
c)
The penal action shall be without prejudice to the rights and remedies available
to the City Engineer Thane Municipal Corporation and also be in addition to
the action to be instituted against the defaulting Entrepreneur under other terms
and conditions of the contract.
44.
Obligations
A.
On part of Entrepreneur
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i. The Entrepreneur will have to construct the structures within Eight months of
signing of agreement with TMC as per the detailed specifications and schedules
of the design accepted by TMC.
ii. The Entrepreneur will be responsible for the upkeep, maintenance and provide
adequate illumination of the structures during the concession period as the
maintenance schedule and manual accepted by TMC
iii. The Entrepreneur will have to obtain on his own all the necessary approvals from
the relevant authorities like Traffic Police, MCGM, Fire Department, PWD etc,
required for construction of the structures. He shall also obtain the necessary
electric connection & water connection at his own cost.
iv. The Entrepreneur will have to pay all the necessary electricity bills, taxes etc if
any during the concession period and submit a copy of each paid bills to TMC.
v. The Entrepreneur will have to provide traffic diversion, reinstate the works
affected by his construction activities.
vi. The Entrepreneur will have to hand over the constructed structures to TMC free
of cost at the end of the concession period in a state satisfactory to TMC without
any cost or charge.
vii. The Entrepreneur shall provide security and protection and ensure that there is no
unauthorized encroachment & illegal uses.
viii. The bidder shall bear the cost of independent consultant/ Engineer at the rates
decided by TMC.
B. On part of TMC
i)
In the event of any unforeseen circumstances beyond the control of the agency,
wherein the agency cannot construct a Foot Over Bridge at a particular location
identified by them and accepted by TMC, then in that event the agency will be
allowed to choose another alternate suitable location with prior approval of City
Engineer, TMC.If suitable location is not available ,then necessary action will be
taken as Clause No 14 of Chapter V Special Conditions of contract.
85
ii)
TMC shall enable access to the Site, free form Encumbrances, in accordance with
this Agreement:
iii)
TMC shall permit peaceful use of the Site by the Entrepreneur under and in
accordance with the provisions of this Agreement without any let or hindrance
from TMC or persons claiming through or under it.
86
CHAPTER VI
WORK SPECIFICATIONS FOR CONSTRUCTION
87
CHAPTER VI
WORK SPECIFICATIONS FOR CONSTRUCTION
SPECIFICATIONS AND STANDARDS

1. The Foot Over Bridges shall be constructed as per the approved drawings by Thane
Municipal Corporation
2. All the structural members of the Foot Over Bridges shall have anticorrosive coating
of epoxy base paint as per IS specifications.
3. Sub structure of the FOB shall be composite steel and reinforced structure. The steel
profile sheets shall be used for the deck slab. Use of temporary formwork for casting
of deck slab , landing slab, waist slab is not permitted
4. The structural members and other member supporting the roof above the deck slab
shall be of steel tubular structure.
5. Composite aluminum panel cladding shall be fixed below deck slab i.e soffit to make
the structure aesthetically pleasant. It should be noted that after all finishing work, the
standard clearance of 5.5m should be maintained.
6. The Covering of the roof shall be made of multi-walled Polycarbonate sheets of not
less than 10 mm thick, colour to be got approved . The fixing to be done in a manner
so as to make the roof leak proof.
7. Entire colour scheme and samples of the materials shall be got approved prior to use
in the construction of Foot Over Bridges.
8. The specifications adapted for design parameters shall be in confirmation with BIS
codes and
relevant Indian Road Congress Guidelines and as desired by Thane
Municipal Corporation. The manufacturers warrantee of the materials used shall be

minimum 15 years which shall be passed on to Thane Municipal Corporation.
9. Every FOB shall be provided with Rain Harvesting System for the roof area. The
waste discharges merged with the surrounding s. w .drain.
88
10. All the materials/fittings/fixers used shall confirm to I.S., BIS, ASTM and other
relevant national/international standards etc. and the work shall be got done through
approved licensed contractors.
11. In case sub standard / defective material is used the same shall be replaced by the
Entrepreneur at its own cost. In case of any dispute in this regard decision of City
Engineer Thane Municipal Corporation shall be final.
12. In no case the specifications below those mentioned in the drawing attached with the
tender documents/adopted in construction of sample Foot Over Bridges shall be
allowed. However, richer specifications may be adopted.
13. The flooring should be of anti skid tiles of 35 mm thick of size not less than
350X350mm concrete tiles of approved make and colors.
14. The Concessionaire shall not display or exhibit any picture, poster, statue or other
articles in any part of the premises that are repugnant to the general standards of
morality. The Concessionaire expressly agrees that the decision of the Thane
Municipal Corporation in this regard shall be conclusive and binding on the
Concessionaire.
15. At the entrance of stair case or at prominent visible location inside premises some
important telephone numbers like Ambulance, CATS, nearby Hospital, nearby Police
Station, Traffic Police and other help line numbers should be written, well
illuminated.
16. The Concessionaire shall obtain a completion certificate in case of each Foot Over
Bridge from the Independent Engineer.
17. Front Facade - At the centre the name of the particular FOB along with Thane
Municipal Corporation logo in prominent size should be earmarked.
18. Back Face - TMC approved social message should be written which shall keep on
changing from time to time as per the direction of City Engineer Thane Municipal
Corporation Thane.
19. The bidder shall submit a programme supported with BAR Chart for construction of
FOB in a phased manner so as to cause least inconvenience to the public. Most of the
89
construction work shall be carried out during night hours/restricted hours (leaving
peak traffic time) keeping in view the safety of pedestrians/traffic. The bidder should
give their complete programme for different stages of execution i/c, planning,
designing, fabrication, and erection etc. complete.
20. The railing pipe of staircase shall be stainless steel of dia not less than 50mm .The
entire structure and the materials used shall be fire retardant and child safe and
disabled friendly.
21. The Concessionaire should get the value of the serviceable materials received from
dismantling deposited in Thane Municipal Corporation. Where as unserviceable
material has to be disposed off the site to dumping ground.
22. The minimum ground clearance from the carriageway finish level should be 5.5
meters.
23. The minimum live load of 500 kgs per square meter should be considered on FOB
24. The sizes of Foot over bridge at a particular shall in conjunction with total pedestrian
traffic intensity / density projections which has to be done by the bidders and got it
approved by Thane Municipal Corporation.
25. The steps of approaches should have minimum depth of 300 mm and rise of 150 mm.
26. The walkway and approach staircase should be well ventilated and if required forced
ventilation shall be provided.
27. The maximum height of Advertisement boards should not be more than 2.5 m.
28. The design parameters are minimum requirements and the bidder can suggest
alternative design subject to schedule and other conditions specified in the bid
Document Offers based on alternative design shall be considered only after approval
of design by Thane Municipal Corporation.
29. MMRDA has proposed Wadala-Kasarvadavli monorail on the Eastern Express
Highway. The height of FOB / Advertisement board on the EEH should be got
approved from MMRDA before designing of the Foot over bridge.
90
CONTROLLED CONCRETE
The specifications for controlled concrete shall be as per the relevant
specifications of the M.O.S.T. subject to the following modification:
(a)
The preliminary test shall be carried out in accordance with the relevant
standard Specification and Code of Practice for Road Bridge of Indian Roads
Congress (I.R.C.) where facilities for mix designs and testing are available at
site the preliminary cube strength at site laboratory shall be as per provisions in
the I.R.C. code.
(b)
Concrete shall be cured only by potable water. saline water shall not be allowed
for curing.
4.5
PRESETRESSED CONCRETE
The concrete to be used for pre-stressed concrete shall be per specifications 4.4
above. All other specification for constructional aspects and other stipulations
shall be as per Section No. 1800 M.O.S.T. (Road Wing) of Government of
Indias Specifications for Road and Bridge Works but subject to special
provision in this contract. The specifications for routing shall be separately
given in this chapter.
4.7
Site Control
4.7.1
All grouting operating should be carried by experienced expert in the presence

of a qualified engineer representative of the Engineer. However, the first few
grouting operations on any particular job must be carried out in the presence; of
senior Engineer not below the rank of Engineer himself, who should also
supervisor least 5% of total quantum of grounding on a job.
4.7.2
Systematic record of grouting operation be maintained on all jobs in bound

registers, preferably in printed formats with page numbers and preserved for a
minimum period of 10 years after completion of the whole work. Such record
91
should contain interlay, name of work component, identification number, details

of equipment date of grout mix, additives with proportions, pressures, time
taken, weather due, quantities consumed, name of operator, in charge and
supervision engineer, details of special occurrence like grout leakages,
blockages, etc., if any. In addition, the record should contain results of all tests
on properties of grout conducted from time to time for the job, precautions shall
be taken to check the straightness of the anchor bar.
4.10
SAMPLING AND TESTING

The Entrepreneur shall establish field laboratory at site of work at his coast
providing necessary facilities for performing routine type tests such physical
properties of cement and aggregates, physical properties of concrete including
its cube crashing strength to the satisfaction of Engineers-in-charge. He shall
ensure that equipment provided are conforming to latest I.S.I. specifications and
in good working order and are got calibrated periodically. Although most of
routine test will be conducted at the field laboratory, the Entrepreneur shall get
certain percentage of samples tested at other approved laboratories as may be
directed by the Engineer as confirmatory tests at his own cost. In the case of
material procured by the Entrepreneur, he shall arrange testing as required by
the codes and Specifications at his own cost. Testing shall be done in the
presence of an authorized representative of the Engineer at the nearest approved
laboratory.
4.11
Boring and drilling

It is obligatory on the part of the Entrepreneur to carry out boring / drilling
before starting work of any foundation. Before detailed design it will be
necessary to carry out detailed boring and testing at each foundation, location
and obtain the correct safe bearing, capacity strata far design.
92
4.11.1
Requirements of boring / drilling are given below :

(a)
Bore holes shall be of 100 mm nominal diameter in non-rocky strata the

bore hole is to be extended by shell and auger or any approved method
but wash boring or percussion boring shall not be adopted under any
circumstances. The boring and drilling work shall be carried out as per
l.S. 1892 -1979.
(b)
The Engineer may interrupt the boring operation for conducting required
in-situ Test. The rate for boring shall include all the cost due to delay in
boring operations. The casing pipe shall not be removed unless directed
by the Engineer or his authorized representative.
(c)
The casing pipe shall be of smooth joints.
(d)
Elevations, of various strata and all level that are recorded and referred
to shall be with respect to the bench mark to be given at any nearby
convenient location by the Engineer.
(e)
During the boring/ drilling operation all samples shall be systematically

collected, correctly identified and properly stored by the Entrepreneur as
per Engineers directives.
(f)
As soon as bore hole is completed, the Entrepreneur shall submit to the

Engineer, in duplicate, field record of the boring made, indicating
identification report of soil strata by approved identification procedure
as per I.S. code 1498-1979. In addition, a daily progress chart of the
work shall be submitted giving the above information.
(g)
While boring / drilling, it shall be ensured that the casing does not
advance ahead of the bore hole under any circumstances.
(h)
Before conducting penetration tests or collection of samples from the

bore hole, the bottom of the bore hole shall be thoroughly cleaned.
Suitable clean out augurs, and pumps or bailers may ordinarily do
cleaning. Cleaning shall extend to the edge of the casing and shall
preferably be slightly deeper than the casting end.
93
(i)
Undisturbed Samples: Undisturbed samples of 100 mm diameter shall

be taken as per 1S 2131-1972 soon after the borehole has been cleaned.
It shall be sealed and leveled properly as provided in the referred IS
code. For non-cohesive soil, samples may he taken, as per 1S 189221979 or any other approved method.
(j)
Rock Samples: Rock core samples of NX size shall be taken from drill
cores and the samples shall be marked to indicate their original position
and orientation with respect of the parent rock mass. The samples shall
be properly sealed by wax leveled and stored immediately after
collection so that these are moisture proof. They shall be sent for testing
in a glass jar or box with saw dust, to a laboratory approved by the
Engineer and the tests will be carried out at Entrepreneurs cost.
(k)
Standard Penetration Test: The standard penetration test shall be

conducted in the bore holes to determine N values at every 5 m height
interval above the proposed foundation level up to further depths as
directed by the Engineer. These tests shall be performed in accordance
with 1S: 2131- 1968.
(l)
Static and Dynamic Cone Penetration Tests: Static and dynamic cone
peroration test shall be carried out at intervals and depths as specified by
the Engineer. The equipment method of testing shall conform to
IS: 4568.
(m)
During the operation of the boring / drilling, the Entrepreneur shall

arrange to detect the presence of any such gas by a suitable standard
method like lowering of a gas detection device inside the bore hole.
(n)
Before lowering the gas detection device into the bore hole the boring
work shall be suspended temporarily for a sufficient a period to allow
the gases from the soil or peaty matter to escape and accumulate into the
bore hole.
94
(o)
The Entrepreneur may adopt any other effective method for gas
detection, as approved by the Engineer.
(p)
Laboratory Tests: The types of laboratory test to be carried out on the

samples collected are:
(A)
(B)
q)
On soil samples:
(i)
Natural moisture content and natural dry density.
(ii)
Liquid limit
(iii)
Plastic limit.
(iv)
Specific Gravity.
(v)
Particle Size.
(vi)
Tri-axial Compression tests.
(vii)
Consolidation tests.
On Rock Samples :
(i)
Natural moisture content.
(ii)
Saturated moisture content (Porosity)
(iii)
Specific Gravity.
(iv)
Unconfined compression strength.
(v)
Shear test for strength properties.
(vi)
Microscopic examination for minerals.
(vii)
Determination of module: of elasticity and Poissons ratio.
The type of actual tests required for each sample and other details shall
be given from time to time by the Entrepreneur as the work progresses.
The Engineer reserves the right to test some of the samples in this own
laboratory or any another laboratory other than the Entrepreneurs at his
own discretion. The cost of such test by the Engineer shall be borne by
the Entrepreneur.
r)
Test results shall be submitted to the Engineer day to day as the test gets
completed.
95
s)
The handing of samples, testing, preparing etc. shall be done as per the
latest edition of relevant IS specifications.
t)
Pressure meter test: Pressure meter test shall be carried out in situ at
two levels, one about 1.5 m below the rock level and about 2.0 m below
expected founding level.
(c)
Exploration by trial pits :

(a)
The work of excavation of trial pit shall be carried out generally

as per IS 4453 and the USBR Earth Manual Chapter II Section C.
Exploration by trial pits shall be generally limited to shallow
foundations, establishment of soil stratification. Plate bearing
tests etc. may not normally exceed about 4.5m depth below
ground level. The Engineer will indicate the exact location of the
trial pits.
(b)
Exploration by trial pits shall be conducted in two stages:
Stage - I
Trial pit of size 2m x 2m in plain for sand strata shall be
conducted at this level.
Stage - Il
After carrying out the plate load test the pit shall be further
excavated to collect the sample. Collection of samples and
observation of soil strata below founding levels shall be carried
out in this stage.
(c)
The excavated material shall be deposited in separate heaps of

30cm. Depth as directed by the Engineer The arrangement of
appears and piles shall generally conform to the good practices.
(d)
Collection of disturbed samples from the trail pits shall be

carried out as per relevant portion of specification. After the
collection of the sample and completion of the observations, the
96
trail pits shall be backfilled in layers of 30 cm each taking care to

water and tamp the layer successively.
(e)
Trial pits kept open for inspection shall be provided with covers
and barricaded for safety. The provision of warning lights shall
be made as directed by the Engineer.
(f)
The work shall include any temporary works like shoring,

bailing, pumping out of subsoil water and keeling the pit dry
during the collection of samples and conducting of the plate
load test, all lead and lift and re handling of the excavated soil
within a radius of 50 m.
4.11.3
Report to be submitted
After completion of the boring and testing, Entrepreneur shall submit the
following.
(a)
The detailed longitudinal section of soil profile along foot over bridge
alignment showing the classification of the subsoil at different depths
into the various stratification and soft rock and hard rock profile.
(b)
Longitudinal section along the foot over bridge alignment showing the
shear strength and consolidation characteristic at different depths in each
bore.
(c)
The results of the tests on various samples of each borehole in proper

tabular form as per relevant IS code.
(d)
All the above results along wit the detailed report of the investigation
shall be bound properly in one or more volumes and submitted to the
Engineer.
4.11.4
Miscellaneous
If the Entrepreneur does not have facility for any of the laboratory tests
indicated herein, he is at liberty to get the testing done at any outside approved
laboratory of repute, at his own expenses. In such a case, however the
97
Entrepreneur must explicitly state as to where he intends to get the samples

tested and have the prior approval of Engineer.
4.12.
PRELIMINARIES TO START THE WORK:

The Entrepreneur immediately on receipt by him of the work order, will at his
own expense clear the site and take up a provisional and final setting out and
lining out of work under the supervision of his responsible representative and
shall provide necessary materials, labor, tools, instruments, engineering,
personnel etc. required for the same. The lining and setting out shall be done
accurately and the Entrepreneur shall be fully responsible for the correctness of
the position, levels, dimensions, alignments etc. of all parts of the work and if at
any time during the same shall be rectified by the Entrepreneur at this own cost.
The Entrepreneur shall protect and preserve all benchmarks site rails, pegs etc.
used setting out the work for checking by department staff.
4.14
PRIORITY WISE REFERENCE:

In case any dispute in the specification to be followed for item of work the
following reference shall be adopted in the order of presidencies as they appear
below:
(a)
Ministry of surface transport of Government of India (Road Wings)

specification for road and bridge works (1988 edition).
(b)
Indian Road Congress Standard Specification
(c)
Codes of Indian Standard Institute.
(d)
P.W.D. hand book of Govt. of Maharashtra.
(e)
Standard specification of THANE MUNICIPAL CORPORATION
(e)
British Standard specifications.
(f)
American Standard specification.
98
Any other standard specification approved by the Engineer-in-charge or as

directed by the Engineer.
99
CHAPTER VII
DESIGN CRITERIA
100
Chapter 7
Design Criteria
5.1.
GENERAL REQUIREMENTS:
In order that the Entrepreneurs alternative proposal qualities as an alternative
design, it shall generally fulfill the following requirements (i)
It shall ensure soundness of the structure, its durability and architectural

beauty as a whole in harmony with the surroundings.
(ii)
It shall ensure speedy construction and lead to appreciable economy
(iii)
It shall be accompanied by preliminary but fairly detailed drawings and

detailed description of work and specification of materials and items If
called upon, the Entrepreneur shall furnish any additional information
necessary for appreciation and comparison with other alternative
proposals received from other Entrepreneurs.
(iv)
At the time of detailed design, the contractor shall not normally deviate
from the basic scheme proposed by him for the purpose of tender.
5.2
RESTRICTIONS ON TYPE OF STRUCTURES:

The following types of structural arrangements shall not be permitted:
(i)
Structures sensitive to unequal settlement of foundations, indeterminate

structures like continuous, rigid frames, etc. on yielding type of foundations.
(ii)
Designs in which stability of one or more span is endangered due to failure of

some other span or spans. -
(iii)
Superstructure with joints at the tip of the long cantilevers with hinges, gap slab
and short suspended spans.
(iv)
The structures with continuity only in deck slab in transverse direction.

(Superstructure
resting
on
independent
interconnected.)
101
foundations
should
not
be
(v)
Piers in the form of multiple columns with isolated/separate footings resting, on

yielding type strata.
5.3.
SPECIFICATIONS FOR DESIGN AND CODES TO BE FOLLOWED :
5.3.1
The design of structural components shall conform to the criteria laid down in
the latest editions of the following codes of Practice and Standard specifications
subject to the departures stipulated in these tender documents.
(A)
IRC Standard Specifications and Codes of Practice for Road Bridges: (Latest
revised code shall be followed )

Section I IRC 5
General features of design (Reprint 1998)
Section II IRC -6
Loads and stresses (Reprint 1997)
Section III IRC 21
Cement
concrete
plain
and
reinforced
for
road
(Second
revision) (Reprint 1997)

Section- VI-IRC 22
Composite
construction
bridges
(for
permissible stresses only ) (Reprint 1991)

(other provisions as per BS-5400 part 3,5,6, AASHTO
Code)
Section V-IRC 24
Steel Road bridges (for permissible stresses only)

(Reprint 1994) (Other provisions as per AASHTO
Code)
Section VII IRC 78
Foundation and substructure

(First revision ) (Reprint 1994)
Section IX IRC 83
Metallic Bearings (Part I) (Reprint 1994)
Section IX IRC 83
Elastomeric Bearings (Part-II) (Reprint 1996)
IRC 18-1985-
Design Criteria for Pre-stressed Concrete Road Bridges

(Post tensioned concrete)
102
(B)
Any IRC standard specifications and codes of practice or criteria for road
bridges other than A above.
(C)
For any item not covered by A & B above, specification for Road and Bridge
works published by IRC for Ministry of Surface Transport (Roads Wing), Govt.
of India.
(D)
For items not covered by any of the, A, B and C above, standards and
specifications, provisions of I. S. Codes of practice.
(E)
For any item not covered by A, B, C & D above, the relevant provisions from
B.S. Codes of practice and in absence of provisions in BS Codes, AASHTO
Code of practice.
(F)
For items not covered by any of the above Standards and Specifications sound
Engineering practice and provisions in the departmental design and provisions
of relevant Codes of other nation shall be referred. In this regard decision of the
City Engineer, TMC shall be final and binding.
5.4.3
Road level on the bridge and Roadway Particulars:

(i)
The clear width of FOB measured perpendicular to the direction of the

pedestrians movement shall not be less than 2.5m.
5.5
DESIGN LOADS:
5.5.1
Live Loads: The Bridge shall be designed to carry a uniformly distributed live
load of 5000 N/m2 as per IRC-6 (latest revision).
5.5.2
Wind Forces:
5.2.3
Wind forces shall be considered in the following two ways. The one producing
the worst effect shall govern the design.
(I)
Full wind force at right angles to superstructure.
(II)
GS% of the Wind Force as calculated in (I) above acting perpendicular

to the superstructure and 35 % acting in pedestrian traffic direction.
5.5.3
Temperature - Range:
103
(i)
For design of structure to account for temperature in formula dia L = a x L x t,

the value of t shall be 35 centigrade for extreme atmospheric exposure
condition and 25 centigrade for moderate atmospheric exposure condition.
(Note - The temperatures indicated are total expansion/contraction aggregate value i.e.
17.5 & 12.5. a is the coefficient of expansion or contraction and L is the
length of the member and SL is the expansion or contraction due to a variation
of temperature in appropriate units 1
(ii)
The superstructure shall also be designed for effects of distribution of

temperature across the deck depth as shown in Annexure-3. For calculation of
thermal forces effect of E value of concrete should be taken as 50 % of the
instantaneous value so as to account for effects of creep on thermal strains.
5.6.
PERMISSIBLE STRESSES :
5.6.1
Allowable flexural tensile stresses for concrete shall be 0.033 fck.

The allowable flexural compressive stresses for all concrete shall be 0.33 fck.
(ii)
The type of shear reinforcement shall be in accordance with CI. 304.7.4.1 of

IRC: 21-200
5.6.6
In no case the design shear stress calculated should exceed the maximum
permissible shear tmax as given below:
tmax = 0.07/ck or 2.5 N/mm2 whichever is less.
5.7.
DURABILITY :
5.7.1
Minimum Concrete Grade Minimum grade of concrete shall be as below:

Type of concrete
Grade of concrete
P.C.C.
M 30
R.C.C
M 40
P.S.C
M 45
104
5.7.2
Minimum Cement Content shall be as per I.S.456:2000.
5.7.3
The minimum nominal diameter of reinforcement bars shall 10 mm.
5.7.4
Minimum clear cover to reinforcement for all grades of concrete shall be as

below : :
Item
Severe Exposure
Slab
40 mm
Web/Column
40 mm
Footing /Raft Slab
50 mm
5.8
BORE DATA AND SOIL AT SITE :
5.8.1
The details of the bores with tentative rock levels & their locations are shown
on the departmental drawing. In the absence of definitive test data the Safe
Bearing Capacity (SBC) of hard rock is 200 T/m2 and of soft rock shall be
taken as 100 T/m2. The interpolated levels of founding strata shown in the
tender drawing will form the basis of variation clause.
5.8.2
The contractor shall have to take bores by double tube boring machine at the
final location of each pier prior to the commencement of the work to ascertain
the rock level/quality at the location of the foundations and this shall form part
of the contract and no payments will be made by the Department for boring, soil
sampling and testing etc. However, if the department requires some additional
bores such requirement shall be ordered in writing & shall be deemed to be an
additional work. The contractor shall quote the rate for such bores, soil
samplings and tests, separately along with his tender. The taking out of samples
and carrying out the required tests shall be in conformity with the departmental
specifications. The Contractor shall then submit the entire data to the
Department along with his own/laboratory recommendation and obtain approval
to the design parameters.
105
(i)
During execution of the work, the samples from the bore taken at each
foundation shall. be tested and analyzed in the laboratory approved by
the department for establishing design parameters. Test such as standard
penetration test, compression and shear test on undisturbed soil samples,
pressure meter test, etc., shall be carried out in conformity with the
relevant specifications. The Contractor shall submit the entire data to the
Department along with his own/laboratory recommendations and obtain
approval to the design-parameters. Necessary interpretation of the result
of tests shall be furnished to the Department for scrutiny of design of
foundations.
(ii)
The cost of these test and interpretation of the test results shall be
included in the tendered amount. No payment will be made separately
for the testing of soil or rock.
(iii)
While checking the stresses at the base of foundations it shall be ensured

that under the worst combination of forces there is no tension except
where founded on rock. The Safe Bearing Capacity at the foundation
level shall be verified during construction so as to ensure that the
stresses imposed on the foundation strata are within permissible limit.
5.9.4.1
Minimum embedment into rock and SBC of the strata shall be considered as
follows :
Type of strata
Min.embedment in rock of given SBC f rock

energy level
Hard rock
Soft rock
1.5 x diameter of pile
400 t/m2
1.5 x diameter of pile
300 t/m2
3. 0 x diameter of pile
250/m2
200/m2
150 t/m2
106
The values of SBC given above consider the effect of friction etc and the global
behavior of the pile is also considered and hence friction resistance of pile shall
not be further added.
5.9.4.2
The pile capacity shall be confirmed by pile load test as per IS 2911 Part-IV.
(1)
The design capacity assumed for the piles shall be verified by the initial
load testing of test piles in non-working areas, in the vicinity of the
bridge site. These plies shall be tested for 7.5 times the design load and
number Of such tests shall be one per diameter Additional one pile per
diameter, which is actually going, to be used for piers shall be tested for
1.5 times the design load These tests and the routine tests shall be as per
lRC 78 (Latest edition).
(2)
The minimum diameter of piles shall be 500 mm.
(3)
Annular piles filled or unfilled shall not be accepted.
(4)
Design with single row of piles per substructure shall not be accepted.
(5)
Permanent 6-mm thick M. S. liner for pile shall be provided Up to top of

rock.
5.11.3.3 Design Loading:

Design loads and load combinations will be as per IRC Standards subject to
modifications made in the main part of this design criterion.
5.11.3.4 Analysis:
Rigorous Analysis using acceptable methods of analysis and standard analysis
software packages will have to be used.
5.11.3.5 Design of Elements and Detailing:

The detailing of steel members will be as per AASHTO standard using
allowable stress design. Permissible stresses shall be as per IRC Codes.
107
For concrete portion of the bridge (including concrete elements of composite

construction), the permissible stress as given in the main part of these design
criteria will be used. The design detailing/specification of shear connectors will be as per AASHTO
standards.
1.
Workmanship, Testing, Erection:
The general workmanship, testing and erection specifications shall be

conformity with the AASHTO Standards. Various documents cross-referred by
AASHTO Standards are deemed to form part of these present specifications and
take precedence over other specifications in case of divergent requirements.
5.19.
ANTICORROSIVE
TREATMENT
TO
CONCRETE
AND
REINFORCEMENT:
Entire structure shall be given anticorrosive protective paint as approved by the
Engineer-in-Charge. This paint shall be got tested from the approved laboratory
and shall be of approved quality, color and shade.
The protective coating shall consists of:
(a)
Over mild steel liner to piles: One coat of Zinc-rich Epoxy primer and
two coats of coal tar epoxy. (Total dry film thickness SO + 80 + 80 =
210 microns).
(b)
Part of substructure in contact with earth - One coat of primer and 2 coat
of coal tar epoxy.
(c)
Part of substructure exposed to atmosphere Epoxy based Paint of

approved quality
(d)
The superstructure shall be treated with following protective coatings

(ii)
Deck/Girder/Box:
Epoxy based paint of approved quality and color with one primer
coat and further two coats to the entire external surfaces
including sides and sofit of the cantilever deck slab, median
108
verge, cantilever slab for service line etc; but excepting top
surface. Epoxy shall be got tested from the approved laboratory.
(iv)
Concrete surface in contact with earth shall be painted with

epoxy coal tar paint in two coats & one coat of primer.
(v)
Reinforcing steel shall be cleaned by suitable method before use

in concrete.
(vi)
Structural steel shall be coated with epoxy base Anti-Corrosive

paint.
5.20.
LOAD TEST:
5.20.1
In case a structure or a component of structures proposed by the contractor, in

the opinion of the City Engineer, TMC is of unusual nature, then the City
Engineer, TMC shall have the right to call upon the contractor to carryout
model and/or load testing of the structure or component to prove its suitability.
The cost of such test shall be borne by the department if the test results are
satisfactory. In case the test results are not satisfactory, the cost of testing shall
be entirely borne by the contractor.
5.20.2
If required by the Department the Contractor shall have to carryout a load test
along with integrity test on any one unit of the structure for the design static
loads or their equivalent and in a manner as may be decided by the Engineer-incharge.
5.20.4
In the event of load testing being ordered the contractor shall

i)
Prepare well in time all necessary calculations and details of

arrangements for such load testing, e.g. the magnitude of the test load,
mode and method of carrying out the test, the applicable of loads,
duration of keeping the load, the
equipment to be provided and
observations to be made during and after placing the loads in position

etc.
(ii)
Make all necessary arrangements for observations, centering, equipment

etc., that may be needed for measuring the settlement, deflections etc.,
109
required for the test, to the entire satisfaction of the Engineer-in-charge

and
(iii)
5.21
Provide labour and make all observations during the test.
DOCUMENTATION, INSTRUMENTATION :
The following items are deemed to be included in the tender cost.
(i)
All final drawings and microfilms of all approved drawings and as

built drawings and calculations shall be supplied by the Contractor.
(ii)
The Contractor shall supply three Video films cassettes of 180 minutes
duration each of the bridge covering the different phases of construction
from start to finish.
(iii)
A Maintenance Manual describing access arrangements, important

obligatory precautions from the point of view of structural safety, and
procedure for minor and major repairs of each component of the bridge,
renewals of finishes and treatments periodically shall be supplied by the
Contractor.
(iv)
A Quality Assurance Manual covering designs and drawings, mixdesigns, materials, testing, soil and rock properties, statistical quality
control, etc. shall be prepared by the Contractor free of cost well before
starting the work.
(v)
A Construction manual covering various aspects of construction

methods, difficulties faced and how they are overcome during execution
etc. shall be supplied by the contractor free of cost at the time of
finalisation of work.
(vi)
The Contractor shall install fixtures and fastenings provided by the

department for housing any instrumentation that may be useful for the
Department.
110
(vii)
Fixing arrangement for internal and external lighting shall be got

approved from competent City Engineer Thane Municipal Corporation
and executed.
5.22.
PROCEDURE
FOR
CHECKING
THE
DETAILED
DESIGN
CALCULATIONS AND WORKING DRAWINGS:
(i)
Within one month of the receipt of work order, the contractor shall
submit a program of submission of designs. The program of submission
of designs of various components should be consistent with the program
of work prepared by the contractor and approved by the Department.
(ii)
Detailed design calculations and working drawings of all the component

parts of the bride shall be submitted well in advance of the execution in
accordance with the above program. Two sets of such design
calculations and 3 sets of drawings duly proof checked by V.J.T.I. or
I.I.T. and accompanied by complete information and sufficient data shall
be submitted to the City Engineer, TMC
(iii)
Approval to drawings and designs and design calculations by the City

Engineer, TMC, shall not in any way relieve the Contractor of his
responsibility for the correctness, soundness and structural stability and
safety of the structure.
(iv)
The approved drawings and the design calculations of the bridge shall be
the property of the Department.
(v)
The Contractors designer or consultant shall attend all the review

meetings conducted by office of the City Engineer from time to time,
without any extra cost and shall also remain present as and when
required during the checking of designs.
5.23.
DISPUTES:
111
In case of disputes arising between the Entrepreneur and the Executive

Engineer, the matter may be referred to the City Engineer. The decision of the
City Engineer shall be final and binding on the Entrepreneur
112
CHAPTER VIII
SPECIFICATION FOR MAINTENANCE
113
CHAPTER VIII
SPECIFICATIONS FOR MAINTENANCE
6.1
MAINTENANCE OF THE FACILITY DURING SERVICE.
6.2
The Entrepreneur shall repair and maintain the project facility till it is finally
handed over to the Government at the end of the concession period. He shall
keep it in the same condition and standards as constructed, with necessary
repairs and maintenance at his own cost.
6.2
The specifications for items of repair and maintenance shall be those adopted
for construction mentioned earlier.
6.4
The Entrepreneur in consultation with the Engineer shall evolve a repairs and
maintenance manual and supply 10 copies to the Department to ensure
systematic maintenance of the facility. Periodical of both routine and special
inspections shall be carried out jointly by the Resident Engineer and the
Engineer
6.5
The maintenance and repairs shall also include maintenance and repairs of
electrical and other installations and payment of energy bills.
6.6
At the time of handing over the facility back to the Government at the end of the
concession period, the same serviceability criteria shall apply and if need be,
necessary replacement shall be carried out by the Entrepreneur at his own cost.
6.7
If, in the opinion of the Engineer, the repairs and maintenance is not being done
satisfactorily by the Entrepreneur, the same shall be got done by the
Department, at the risk and cost of Entrepreneur.
1.
All FOBs and surrounding areas are to be kept cleaned at all times. The litter bins
should not be overflowing at any time and disposal of garbage to be arranged to
as required.
114
2.
The advertisement panels to be kept clean from dust stains etc. at all times. It is to
be ensured that posters etc. are not pasted on any of the panels and on structural
part of FOBs.
3.
No leakage from roof to be permitted.
4.
Proper drainage is maintained and no accumulation of water, liquid etc. is allowed

at any time.
5.
The lighting arrangement at the FOBs is functional at all times. Electrical safety is
to be ensured for users as well as concessionaires staff as per IRC guidelines for
Subways and Pedestrian bridges.
6.
All structural members, arrangements and advertisement panels are to be

inspected and maintained in good condition as per the maintenance manual.
7.
Broken floor tiles / other members are to be replaced within 3 days of such event.
For this purpose it is advised that the concessionaire maintains a minimum
inventory of similar tiles to his store.
8.
The staff provided at the FOBs should be literate and courteous toward the users
and assist handicapped and old age users.
9.
The flower plants and shrubs are to be maintained and watered regularly and the
wastes to be disposed off.
10.
Security of all assets to be ensured by the staff posted at all FOBs.
11.
The advertisements on panels to be changed during off peak period - preferably

during night hours.
12
Services to be provided
i.
Water Supply : The Concessionaire shall ensure adequate water for

general cleanliness of the Foot Over Bridges.
ii.
Electricity Supply : The Concessionaire shall ensure adequate electricity

supply for proper lighting inside the Foot Over Bridges , lifts/ escalators
and advertisements.
iii.
Landscaping : The Concessionaire shall put flowering plants and other

shrubs around each Foot Over Bridges to an extent of 25 mts. on both
115
sides as per the approval of the MMRDA and maintain the same in good
condition at all times.
iv.
Cleaning of the Foot Over Bridges : The Concessionaire shall ensure

minimum daily cleaning of the Foot Over Bridges .
v.
Garbage Disposal : The Concessionaire shall install litterbins as specified

near the Foot Over Bridges and disposal of the collected waste shall be the
responsibility of the Concessionaire.
vi.
Safety & Security : The safety and security of the Foot Over Bridges
rests with the Concessionaire. The Concessionaire shall maintain security
personnel, gadgets and required as part of the maintenance services.
vii.
Other Facilities : The Concessionaire can construct / provide structurally

sound and aesthetically appealing passenger facilities such as card / coin
public phone, tea / coffee vending machines, and magazine / newspaper
dispenser as per plans approved by the Thane Municipal Corporation.
However, in areas where deviations are necessitated due to space or
location constraints, the Thane Municipal Corporation shall consider
permitting such variations with prior approval Thane Municipal
Corporation.
Fire and safety : The concessionaire shall take all the necessary steps and install
required fir fighting equipments and maintain them also during concession
period .
116
CHAPTER IX
FORM FOR SUBMISSION OF BID & SAMPLE

FORMS
117
CHAPTER-IX
FORM FOR SUBMISSION OF BID & SAMPLE FORMS
Format of Financial Offer

To,
The City Engineer,
Thane Municipal Corporation,
Panchpakhadi, Dr.Almeda Road
Thane (West).
Ref : Tender No. :TMC/PRO/Advt/107/2011-12 dt 01/06/2011.
NAME OF WORK: Design and Construction of Foot-Over-Bridges at various locations in
the Thane Municipal Limit with Private Financing & Advertisement Rights on B.O.T.
Basis.
Dear Sir,
We hereby offer to execute the above mentioned contract for the Design and Construction
of Foot-Over-Bridges at various locations in the Thane Municipal Limit with Private Financing &
Advertisement Rights on B.O.T. Basis. We are now submitting the Financial offer in
detailed sheets for following three items.
(i)
Cost estimates of a FOBs
(ii)
(iii)
Revenue Generation Estimates

Concession Period
Based on all the criteria & estimates we shall like to offer the
concession period of
Concession Period offered in DAYS:

Based on
Total Landed Project Cost of Rs .
and Total O & M Cost of Rs .
Grand total of Project Cost & O&M Cost Rs.
118
We have paid the Earnest Money Deposit vide Receipt No.__________ dated
________ . We do hereby agree that this sum of EMD shall not bear any interest
and this sum shall be forfeited to the Authority, if :
i) We withdraw or vary the tender after its submission within its validity period
of 180 days.
ii) We fail to deposit the amount against Security Deposit
We declare that our offer is valid for a period of 180 days from the date of
opening of tenders.
iii) We have taken into consideration the fact that signing the Form of Tender shall be
construed as if we have entered into the binding agreement with the Authority on the
terms and conditions stated in the tender till we sign the contract/agreement documents.
We do hereby submit our tender at our own free will.
Yours faithfully,
Signature & Address
of the Entrepreneurs Authorised
Signatory
Date : ____________
Telephone Nos
119
To be submitted along with Prequalification Bid
Appendix I
General & Financial Information

All individual firms and companies are requested to complete the information in this
format. The information supplied should be the annual turnover for the Bidder for the
past five years, in terms of the amounts billed to clients for each year for work in progress
or completed, in Indian Rupees.
1. Firm Particulars
No.
Particulars
Name of Firm
Head Office address:
3.
Telephone Contact
Fax: e-mail:
Place of incorporation/registration: Year of incorporation / registration:
2.
A Power of Attorney authorizing the signatory of the bid to commit the

Bidder(s).
3.
Annual Turnover (in Indian Rs. ): for the last five years ending
(31/03/2011)
4.
Liquid Assets
(31/03/2011)
5.
Attach Brochure and details of each Firm(s) / Company pertaining to Ownership

structure, business areas/activities, business growth revenue details, staff details
and capability statement.
6.
Details of Contacts for the firm:
(in
Indian
Rs.
):
For
the
last
three
years
ending
Contact Person
Contact Address
Contact A
Address, Telephone, Facsimile, E-mail
120
Contact B
Contact C
Contact D
121
Appendix 2
Structure & Operation

Applicants shall submit the following information.
1.
Legal Status
2.
Place of registration
3.
Principal place for business
4.
Total value of eligible project works performed in the previous five years ending
31/03/2011 as indicated in the format:
Year
Name and Type of

Project(s)
Value (Turn Over) in

Indian Rupees Crores
2006- 2007
2007- 2008
2008- 2009
2009- 2010
2010- 2011
Separate sheet should be used for details
5.
Financial reports for the last five years: balance sheets, profit and loss statements,
summary of net cash accruals, gearing level, auditors reports, etc. List them and
attach certified copies.
6.
A certified copy of Applicants Current Memorandum and Articles of Association

or other relevant constitutional documents and (where relevant) those of its
immediate and all superior holding companies.
7.
Name, Address, Telephone and Fax numbers of the firms bankers.
122
Appendix 3
General Experience Record

Bidders should provide information on undertaking construction of similar projects in
last Five years (Separate Sheets for each project to be attached giving following details).
A summary is to be provided in following format.
Year
Name of
Work
Name of
Client
with
Contact
details
Contract
No. and
Date
Value of
Contract
in Rs.
Crores.
123
Date
Started
and
Date
Role of
Completed Applicant
Remarks
To be submitted in sealed envelop at the time of opening of Financial Bid

Appendix -4
Table 1 - Construction Price Schedule
(Item-wise
break up of
construction
cost to be
indicated
under the
following
heads) Sr.
Brief Item Description
Unit
No.
Civil Works
1.
Sub total for Civil Works

2.
Electrical Works (Solar Panels

etc.)
Sub total for Electrical Works
3.
Horticulture Works
Sub total
Works
for
Horticulture
TOTAL
(1+2+3)
CONSTRUCTION
Contingencies
Interest
(IDC)
Pre-Operative Expenses
During
Construction
124
Quantity
Rate
Amount
Sub Total
(Rs.)
(Rs.)
(Rs. Lakh)
Taxes, Works Tax etc.
Supervision including Owners

Consultant Costs
Any other Cost Head
TOTAL LANDED PROJECT

COST (A+4+5+6+7+8+9)
Table2: Operation and maintenance Price Schedule
Sr. No.
Item
Unit
Operation and Maintenance cost of
Per
FOBs and facilities
year
Operation and Maintenance cost of
Per year
Electrical Equipments
3
Operation
and
Maintenance
cost
Per year
cost
Per year
cost
Per year
towards Manpower deployed

4
Operation
and
Maintenance
towards Administration
5
Operation
and
Maintenance
towards Security
6
Any Other Costs Per year

TOTAL O & M COST Schedule
125
Quantity
Rate
Amount
(Rs.)
(Rs)
Table 3: Grand Total Summary

Sr. No.
Sub Total
Schedule
(Rs. Lakh)
TOTAL LANDED PROJECT COST (Schedule 1)
TOTAL O & M COST (Schedule 2)
GRAND TOTAL
Table 4 : Revenue Generation Estimate
YEARLY CASH FLOW STATEMENT

Year Details of
Income
Advertise Const.
ment
cost
Note :
a)
Details of Expenditures
Escalation
Interest
M&R
Opening
Code
Total
Expedt.
Net
Yearly
Cash in
flow
Yearly Cash Flow Statement shall be worked out from the

commencement of the project till the end of concession period. This
statement shall also indicate the calculated Financial Internal Rate of
Return (F.I.R.R.) for the quoted concession period.
b)
The columns showing details of income shall show full details of income
item wise such as Income from advertisements, etc., and against the
column of expenditure item-wise details such as Investment. Interest,
maintenance cost etc.
126
APPENDIX -5
SCHEDULE E - PROJECT COMPLETION SCHEDULE

(The Project Completion Schedule as proposed by the Entrepreneur)
Sr. No.
Project Milestone
127
Date for Completion
APPENDIX 6
I.
FORM OF DRAFT CONTRACT AGREEMENT
THIS AGREEMENT made at _________ this ___________ day __________of

2011 between THE CITY ENGINEER, THANE MUNICIPAL CORPORATION,
THANE hereinafter collectively referred to as the Thane Municipal Corporation of the
One Part and ________________ a Company with incorporated office at
_______________ hereinafter referred to as the Entrepreneur (which expression shall
unless repugnant to the context or meaning thereof shall include its administrators,
successors and assignees) or the Other Part and
WHEREAS:
(a) The Thane Municipal Corporation has selected the Entrepreneur to design,
construct operate and maintain the Foot over Bridges as per the specifications
mentioned in the bid document and as defined in the General Conditions of
Contract.
(b) By filling the bid document and signing it the Entrepreneur has agreed to the
Authority that they have the required professional skills, personnel, technical and
financial resources and have agreed execute the items in the bid document on the
terms and conditions set forth in this Contractual bid document.
NOW THEREFORE the parties hereto hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an integral

part of this Contract Agreement.
(a)
The complete bid document including the Common Set of

Deviation issued from time to time.
128
(b)
Minutes of the pre-bid meeting standard set of deviations/

corrigendum, drawing and instructions issued by City Engineer
T.M.C. Thane etc.
(c)
Other documents such as additional details of the proposal,

proposal
of
the
Entrepreneur,
Bank
Guarantee
towards
performance Security and other correspondence between the Thane

Municipal Corporation and the Entrepreneur are attached
therewith, as reference documents.
(d)
Any other communications issued prior to signing of the

Agreement
3)
Using the same facility and charges for advertisement to be collected by the
Entrepreneur, as an agent of the Thane Municipal Corporation, during the
concession period the Entrepreneur hereby agree.
3.1)
3.2)
to duly execute and complete the project in all respect.

on completion of the project, the Entrepreneur to collect and retain
Advertisement display charges at such rate, for services or benefits rendered by
him, having regard to the expenditure involved in building, maintenance,
management and operation of the whole or part of such facility, interest on the
capital invested, reasonable returns thereon, for the quoted period of concession
3.3)
3.4)
modified as per the conditions of contract.

to duly carry out necessary maintenance and repairs to the project strictly in
accordance with specifications for maintenance as provided in the contract
documents and keep them in proper condition and standard, till the project is
finally handed over to the Thane Municipal Corporation at the end of the
concession period- i.e. ..days
To hand over physical possession of the facility along with equipments all in
good condition, to the Thane Municipal Corporation at the end of the
concession period.
129
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be

signed in their respective names as of the day and year first above
written.
By Authorized Signatory
FOR AND ON BEHALF OF
M/s. _______________________________
Witness:
1. ___________________________
2. ___________________________
FOR AND ON BEHALF OF

THANE MUNICIPAL CORPORATION,
THANE
_________________________________
Authorised representative for TMC
Members of Standing Committee
1. ___________________________
2. ___________________________
130
To be submitted in sealed envelop at the time of opening of Bid Form 2

FINANCIAL DETAILS OF THE PROPOSAL
Name of Work
1)
# Total estimated Cost of

Construction of Work (In figures and in words)
2)
Assumed Rate of Interest on Debt
3)
Estimated Construction Period
4)
Estimated Yearly Maintenance Cost
5)
Concession Period offered by the

Entrepreneur (In Figures & Words)
6)
Estimated cost of Management and

Overheads etc., per Year
7)
Estimated Cost of Current repairs,

Special repairs etc. at specified intervals
8)
Assumed Debt/ Equity Ratio
9)
Any, Other Details
Note :
1) *The costs shall be based on price level at the time of submission of bids.
2) # Break up of this cost shall be given in form No. 4.
131
To be submitted in sealed envelop at the time of opening of Bid

YEARLY CASH FLOW STATEMENT
Year Details of
Income
Advertise Const.
ment
cost
Note :
a)
Details of Expenditures
Escalation
Interest
M&R
Opening
Code
Total
Expedt.
Net
Yearly
Cash in
flow
Yearly Cash Flow Statement shall be worked out from the

commencement of the project till the end of concession period. This
statement shall also indicate the calculated Financial Internal Rate of
Return (F.I.R.R.) for the quoted concession period.
b)
The columns showing details of income shall show full details of income
item wise such as Income from advertisements, etc., and against the
column of expenditure item-wise details such as Investment. Interest,
maintenance Cost etc.
132
FORM OF ACCEPTANCE LETTER

By R.P.A.D.
From
The City Engineer,
Thane Municipal Corporation,
3rd floor, Mahapalika Bhavan,
Dr. Almeida Road, Chandanwadi,
Panchpakhadi, Thane (W)
To,
(Name & Address)
_______________________________
_______________________________
_______________________________
Sub. ;- Design and Construction of Foot-Over-Bridges at various location in the
Thane Municipal Limit with Private Financing & Advertisement Rights on B.O.T.
Basis
Ref .:-
Your Bid letter dated
Dear Sir/s,
Pursuant to your Bid letter in reference, I have to inform you that Thane Municipal
Corporation has accepted your Bid for the Project with concession period of
Days as offered there under.
2.
As per condition of this Bid Document, you are required to furnish Security
Deposit within 30 days from the date of receipt of this letter and execute an Agreement
with Thane Municipal Corporation in prescribed format.
3.
Please note that if you fail or neglect to attend and / or execute an Agreement or
furnish Security Deposit Amount within the specified period as aforesaid, then this letter
of Acceptance shall automatically stand canceled and thereupon, without prejudice to any
other rights and remedies of the Thane Municipal Corporation, the amount of Earnest
Money Deposit paid by you earlier along-with Bid shall forthwith Stand forfeited to the
City Engineer / Executive Engineer
133
GUARANTEE BOND FOR PERFORMANCE SECURITY

(Stamp paper of proper stamp duty as per Mumbai stamp duty Act 1958)
In consideration of the Thane Municipal Corporation hereinafter to as the
TMC having agreed to exempt ____________________________________ (hereinafter
referred to as the Entrepreneur) from depositing with the Thane Municipal Corporation
in cash the suns of Rs. ______________________
(Rupees ____________________________________ Only) being the amount of
performance security payable by the Entrepreneur to the Thane Municipal Corporation
under the terms and conditions of the Agreement dated the _________ day of _________
and trade between the Thane Municipal Corporation of the one part and the Entrepreneur
of the other part thereinafter referred to as the said Agreement for Rs. ____________ as
security for the observance performance by the Entrepreneur of the terms and conditions
of the said Agreement oil the Entrepreneur furnishing to the Thane Municipal
Corporation a Guarantee in the prescribed form Nationalized Bank in India being in fact
these presents in the like sum of Rs. _______________________
(Rupees
______________________________ Only). We _____________________ Bank Limited
registered in India under _________ Act and having one of our local Head office at do
hereby :
(I)
Guarantee to the Thane Municipal Corporation :(a)

Due performance and observance by the Entrepreneur of the terms,
covenants and conditions on the part of the Entrepreneur contained in
the said Agreement, and
(b)
(2)
Due and punctual payment by the Entrepreneur to the Thane Municipal

Corporation of sums of money, losses, damages, costs, charge penalties
and expenses payable to the Thane Municipal Corporation.

Undertake to pay to the Thane Municipal Corporation on demand and without
demur and notwithstanding any dispute or disputes raised by the Entrepreneur in
any suit or proceeding filed in any Court or Tribunal relating thereto the said
(3)
sum of Rs._____________ (Rupees ____________________________ Only)

or such less sum as may be demanded by the Thane Municipal Corporation
froth us our liability there under being absolute and unequivocal and agree that
(a) The guarantee herein contained shall remain in full force and effect during
the subsistence of the said Agreement and that the same will continue to be
enforceable till all the dues of the Thane Municipal Corporation under or by
134
virtue of the said Agreement have beet duly paid and its claims satisfied or
discharged and till the Thane Municipal Corporation certifies that the terms and
conditions of the said Agreement have been fully properly carried out by the
Entrepreneur:
(b)
(c)
(d)
We shall not be discharged or released from the liability under this Guarantee
by reasons of
i)
ii)
Any change in the constitution of the Bank or the Entrepreneur or

Any arrangement entered into between the Thane Municipal Corporation
iii)
and the Entrepreneur with or without consent; or

Any fort earance or indulgence shown to the Entrepreneur: or
iv)
Any variation in the terms; conditions or covenants contained in the said
Agreement; or
v)
Any time given to the Entrepreneur; or
vi)
Any other condition or circumstances under which in late, a surety
would be discharged.
Our liability hereunder shall be joint and several with that of the Entrepreneur as
if we were the principal debtors in respect of the said sum of
Rs.________________ (Rupees _____________________________Only) and
We shall not revoke this guarantee during its currency except with the previous
consent in writing of the Thane Municipal Corporation.
IN WITNESS WHEREOF the Common Seal of _________ has been hereunto
affixed this day of __________ . The Common Seal of as pursuant to the
resolution of the Board of Directors of the Company dated the __________
herein affixed in the present of who, in token thereof, have hereto set their
respective hands in the presence of
1)
____________________________________
2)
____________________________________
In the presence of
1.
2
135
ANNEXURE I
Details of Foot over bridge length, minimum width, length of advertisement display panels and Span
Sr.
No.
Location
Overall Length
of FOB in Rmt.
Minimum
staircase width
on each side
meter
Width of FOB
in meter
Advertising
panel Length
in meter
(outer side)
Maximum Number of
Spans of foot over
bridge.
Infront of RTO on EEH

Infront of Sri Maa bal Niketan
school on EEH highway.
Infront of Forest Office ,LBS
road
Infront of Jupiter Hospital on
EEH
Infront of Raheja Garden on
LBS road
Infront of Singhania school
,Pokhran Rd No-1
Near Balkum Pada No1,
Bhiwandi Road
45.0
2.5
5.0
35.0
60.0
2.5
5.0
50.0
24.0
2.5
3.0
14.0
75.0
5.0
65.0
35.0
2.5
4.0
25.0
24.0
2.5
4.0
14.0
40.0
2.5
5.0
30.0
2
3
4
5
6
7
Note :The clear width of Staircase will be 2.5 mtrs
136
ANNEXURE II
Details of advertisement display panels are available to Entrprenur with maximum area of display
Sr.
No.
Sr.NO
1
2
3
4
5
6
7
Location
Length
in Rmt
ht. of board in
meter (on both
sides)
Area of
Advertisement
on outer side
in sqmt
Maximum
Internal no of
Adv. panels
(Vertical boards
of Size 0.6 m X
0.9m)
Internal no of Adv
(Horizintal Size of
board 1.0 m X
0.3m)Hanging
type
Infront of RTO on EEH

Infront of Sri Maa bal Niketan
school on EEH highway.
Infront of Forest Office ,LBS road
Infront of Jupiter Hospital on EEH
Infront of Raheja Garden on LBS
road
Infront of Singhania school
,Pokhran Rd No-1
.Near Balkum Pada No1,
Bhiwandi Road
35
2.5
175
12 nos
6 Nos
50
2.5
250
18 nos
14
65
2.5
2.5
70
325
6 nos
22 nos
25
2.5
125
10 nos
14
2.5
70
6 nos
30
2.5
150
10 Nos
9 Nos
3 Nos
11 Nos
5 Nos
3 Nos
5 Nos
Note:
1) The Internal Advertisement shall be fixed at spacing not less than 6 m centre to centre .Hanging advertisement
boards shall also be fixed at a distance of 6 m and staggered with the vertical boards.
2) 5% area of internal advertisement area will be reserved for Thane Municipal Corporation for
display of public message/slogans
3) The areas given are approximate areas and may vary. The tenderer is required to verify the
lengths of all bridges before quoting.
137
CHAPTER X
DRAWINGS
138
139

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THANE MUNICIPAL CORPORATION

PUBLIC WORKS DEPARTMENT

Design and Construction of Foot-Over-Bridges at various location in the

THANE MUNICIPAL CORPORATION

Design & Construction of Foot Over Bridge at various locations in

PRICE: Rs. 5000/- PER COPY

E- Tender TO BE RECEIVED ON:

UPTO: 12.00 Hours

Name of the Chapter

Notice Inviting Tender & Invitation for Bids

Chapter No I Detailed Tender Notice

Chapter No II Instructions to Bidders

Chapter No III Scope of Work

Chapter No IV General Conditions of contract

Chapter No V Special conditions of contract

Chapter No VI Work Specification for

Chapter No VII Design criteria

Chapter No VIII Specification for

Chapter No IX Form for submission of bid

and Sample Forms

THANE MUNICIPAL CORPORATION

INVITATION FOR BID

Design and Construction of Foot Over Bridge at

Earnest Money Deposit

Rs. 9,00,000/- only in the form of challan in

Last date of online submission

05/09/2011 upto 12.00 hrs.

Rs. 5,151/- (including E-tender charges) per

Rs. 18,18,000/Twelve Months

From 20/08/2011 to 05/09/2011 upto 12.00 hrs.

The Entrepreneurs should note:

DETAILED TENDER NOTICE

The scheme is formulated with a view to encourage and involve private

The Locations of the Foot over Bridges are as below.

The Entrepreneur may be:

Nationalised/Schedule Bank shall compulsory accompany the completed tender

Thane Municipal Corporation shall advise on all matters pertaining to this

The evaluation of bids shall be as per NIT. Rights to cause evaluation of

EARNEST MONEY DEPOSIT:

The Earnest Money Deposited by the unsuccessful Bidders will be refunded

The Earnest Money will be forfeited:

If it should at any time be discovered that the bidder has submitted

rejected or agreement cancelled and Earnest Money and/or

TENDER FORM FEE:

Budget code: 413108

Function code -211 Department code -1000

MANNER OF SUBMISSION OF THE TENDER:

Prequalification Bid (Envelop No 1)

Thane Municipal Corporation Treasury Challan (Bank of Maharashtra) for an

Certificate from concerned department not ranked below Executive Engineer or

Certificate /Document showing the Entrepreneur should have been in field of

Audited balance sheets for last three years.

The organizational setup of the Entrepreneurs / Partner, associates, if any.

Copies of the agreements entered into, between the Entrepreneurs / Partners of

Joint venture share shall be clearly defined in terms of percentage in the

Organizational setup proposed for execution of the project.

Reputation and experience of the design and project management consultant to

Common Set of deviations duly signed in token of acceptance.

Technical Bid (Envelope No. 2)