DRAFT CONCESSION AGREEMENT NORTH DELHI ...mcdetenders.com/tnduploads/mcd/pressnotices/PRSN710.pdf1...

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DRAFT CONCESSION AGREEMENT

Between

NORTH DELHI MUNICIPAL CORPORATION

and

(Concessionaire)

for

Collection and Transportation of Municipal Solid Waste on a

long-term Design, Procure, Build, Operate, Maintain and

Transfer (DPBOMT) basis as per MSW (M&H) Rules 2000 (as

amended from time to time) for Select Zone/Group under North

Delhi Municipal Corporation.

Selected Zones/Groups:

1. Group 1: City Zone and Sadar Paharganj Zone

2. Group 2: Karol Bagh Zone

3. Group 3: Narela Zone

January, 2014

Department of Environment Management Services

North Delhi Municipal Corporation

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Contents 1 DEFINITIONS AND INTERPRETATION ...................................................... 9

1.1 Definitions ............................................................................................... 9

1.2 The Standards ...................................................................................... 18

1.3 Interpretation ........................................................................................ 19

2 SCOPE OF WORK ..................................................................................... 20

2.1 Scope of Work– Concession Area ........................................................ 20

2.2 Scope of Work – Service Provision ...................................................... 20

3 CONCESSION ........................................................................................... 32

3.1 Grant of Concession ............................................................................. 32

3.2 Concession Period ............................................................................... 32

3.3 Exclusivity of the Concession ............................................................... 32

3.4 Acceptance of Concession ................................................................... 32

4 HANDOVER OF EXISTING PROJECT FACILITIES .................................. 33

4.1 Handover of Existing Project Facilities ................................................. 33

4.2 Rights, Title and Use of Project Facilities ............................................. 33

4.3 Peaceful Possession ............................................................................ 34

4.4 Applicable Permits ................................................................................ 34

5 INDEPENDENT CONSULTANT ................................................................ 35

5.1 Procedure for Appointment ................................................................... 35

5.2 Payments to Independent Consultant .................................................. 35

5.3 Replacement of the Independent Consultant ....................................... 35

5.4 Special Condition ................................................................................. 36

5.5 Role of the Independent Consultant ..................................................... 36

5.6 Scope of Services of the Independent Consultant ................................ 36

5.6.1 Obligations during Implementation Period ..................................... 36

5.6.2 Obligations during Active Operations Period ................................. 38

5.7 Meetings of IC ...................................................................................... 40

5.8 Conducting Random Inspections .......................................................... 40

5.9 Frequency of inspection of Project Facilities ........................................ 41

5.10 Hand back and Transfer of Project Facilities to NDMC ..................... 43

5.11 Maintenance of Records ................................................................... 43

5.12 Material and Persistent Breach of O&M Requirements ..................... 45

5.13 Awareness Campaign ....................................................................... 45

5.14 General Obligations .......................................................................... 45

6 CONCESSIONAIRE’S OBLIGATIONS....................................................... 46

6.1 Performance Security ........................................................................... 46

6.2 Financing Arrangement ........................................................................ 46

6.3 Operations Plan .................................................................................... 46

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6.4 Collection, and Transportation and Delivery of MSW ........................... 47

6.5 Project Implementation ......................................................................... 47

6.6 Operation and Maintenance ................................................................. 50

6.7 Insurance .............................................................................................. 53

6.8 Application of Insurance Proceeds ....................................................... 54

6.9 Un-insurable Risks ............................................................................... 54

6.10 Environmental Compliance ............................................................... 54

6.11 Land Use ........................................................................................... 55

6.12 Maintenance of Records ................................................................... 55

6.13 Weighment of MSW .......................................................................... 55

6.14 Shareholding ..................................................................................... 56

6.15 Applicable Permits ............................................................................ 56

6.16 Vehicle Tracking and Monitoring System .......................................... 56

6.17 Management of Labour and Prevention of Events of Accidents ........ 57

6.18 The work coverage - Public Awareness ............................................ 58

6.19 General Obligations .......................................................................... 59

6.20 No Breach of Obligations .................................................................. 61

6.21 General Indemnity ............................................................................. 61

6.22 Advertisement ................................................................................... 61

7 NDMC’s OBLIGATIONS ............................................................................. 63

7.1 Specific Obligations .............................................................................. 63

7.2 General Obligations .............................................................................. 65

8 TIPPING FEE ............................................................................................. 66

8.1 Tipping Fee: ......................................................................................... 66

8.2 Mechanism of Payment ........................................................................ 67

8.3 Obligation for Payment of Compensation for increase in distance for change of location of Landfill Site/Processing Facility/ Designated waste depositing facility ............................................................................................ 68

8.4 Recovery of Payment for decrease in distance caused due to change of location of Landfill Site/Processing Facility/ designated waste depositing facility ............................................................................................................. 70

9 FORCE MAJEURE AND CHANGE IN LAW ............................................... 74

9.1 Force Majeure Event ............................................................................ 74

9.2 Notice of Force Majeure Event ............................................................. 75

9.3 Performance of Obligations .................................................................. 76

9.4 Termination due to Force Majeure Event ............................................. 76

9.5 Liability for other losses, damages etc.................................................. 78

9.6 Change in Law ..................................................................................... 78

10 EVENTS OF DEFAULT AND TERMINATION ......................................... 80

10.1 Events of Default ............................................................................... 80

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10.1.1 Concessionaire Event of Default ................................................ 80

10.1.2 NDMC Event of Default .............................................................. 82

10.2 Termination due to Event of Default .................................................. 83

10.2.1 Termination for Concessionaire Event of Default ....................... 83

10.2.2 Termination for NDMC Event of Default ..................................... 84

10.2.3 Termination Notice ..................................................................... 85

10.2.4 Obligation of Parties ................................................................... 85

10.2.5 Withdrawal of Termination Notice ............................................... 85

10.2.6 Termination Payments ................................................................ 85

10.3 Rights of NDMC on Termination ....................................................... 86

10.4 Accrued Rights of Parties .................................................................. 86

11 HANDBACK OF PROJECT FACILITIES ................................................. 87

11.1 Ownership of Project Facilities .......................................................... 87

11.2 Concessionaire’s Obligations ............................................................ 87

11.3 NDMC’s Obligations .......................................................................... 88

12 DISPUTE RESOLUTION ......................................................................... 89

12.1 Amicable Resolution ......................................................................... 89

12.2 Arbitration .......................................................................................... 89

12.3 Performance during Dispute.............................................................. 90

13 REPRESENTATIONS AND WARRANTIES ............................................ 91

13.1 Representations and Warranties of the Concessionaire ................... 91

13.2 Representations and Warranties of NDMC ....................................... 92

13.3 Obligation to Notify Change .............................................................. 92

14 MISCELLANEOUS .................................................................................. 93

14.1 Assignment and Charges .................................................................. 93

14.2 Interest and Right of Set Off .............................................................. 93

14.3 Governing Law and Jurisdiction ........................................................ 94

14.4 Waiver ............................................................................................... 94

14.5 Survival ............................................................................................. 94

14.6 Amendments ..................................................................................... 94

14.7 Notices .............................................................................................. 95

14.8 Severability ........................................................................................ 95

14.9 No Partnership .................................................................................. 96

14.10 Language .......................................................................................... 96

14.11 Exclusion of Implied Warranties etc. ................................................. 96

14.12 Counterparts ..................................................................................... 96

15 SCHEDULE A 1 CONCESSION AREA DETAILS - CITY ZONE ............. 97

16 SCHEDULE A 2 CONCESSION AREA DETAILS - SP ZONE ................ 98

17 SCHEDULE A 3 CONCESSION AREA DETAILS - KB ZONE ................ 99

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18 SCHEDULE A 4 CONCESSION AREA DETAILS - NARELA ZONE ..... 100

19 SCHEDULE B CONSTRUCTION REQUIREMENTS OF THE EXISTING PROJECT FACILITIES .................................................................................... 101

20 SCHEDULE C DESIGN REQUIREMENTS OF NEW PROJECT FACILITIES ..................................................................................................... 108

21 SCHEDULE D 1 LIST OF EXISTING PROJECT FACILITIES ............... 113




25 SCHEDULE E DESCRIPTION OF THE WASTE TRANSFER FACILITY SITE 117

26 SCHEDULE F DESCRIPTION OF THE WORKSHOP AND PARKING FACILITY SITE ................................................................................................ 118

27 SCHEDULE G DESCRIPTION OF THE LANDFILL SITE ..................... 119

28 SCHEDULE H DESCRIPTION OF WASTE PROCESSING FACILITY . 120

29 SCHEDULE I LIST OF NEW PROJECT FACILITIES ............................ 121

30 SCHEDULE J OPERATION AND MAINTENANCE REQUIREMENTS . 122

31 SCHEDULE K TIPPING FEE................................................................. 130

32 SCHEDULE L PERFORMANCE SECURITY ........................................ 131

33 SCHEDULE M LETTER OF AUTHORISATION .................................... 134

34 SCHEDULE N SUBSTITUTION AGREEMENT ..................................... 135

35 ANNEXURE I: COMPLIANCE AND TOLERANCE CRITERIA FOR CONSTRUCTION/ AQUIING OF NEW FACILITIES/ O & M FOR THE PROJECT – SCHEDULE OF PENALTIES ...................................................... 137

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(To be printed on a Non-Judicial Stamp Paper of Rs.100/-)

This Concession Agreement mutually agreed and entered into on this _______day of

______, Two Thousand and Fourteen at New Delhi,

BETWEEN

North Delhi Municipal Corporation, a trifurcated component of erstwhile Municipal

Corporation of Delhi, a body constituted under the Delhi Municipal Corporation Act,

1957 (hereinafter referred to as “NDMC” or “the Concessioning Authority” which

expression shall unless excluded by or repugnant to the context, be deemed to include

its successors and assignees); as one part

AND

_________, a company incorporated under provisions of the Companies Act, 1956,

having its registered office at _______________, ______________, hereinafter referred

to as “Concessionaire” which expression shall unless repugnant to the context include

its successors and permitted assigns, on the other part.

WHEREAS,

A. NDMC is the municipal corporation of North Delhi responsible for providing

municipal and civic services, which includes the collection, transportation and

disposal of Municipal Solid Waste generated in the city as per MSW Rules.

NDMC currently disposes the collected Municipal Solid Waste at designated

dumping sites/processing sites, which are, however, inadequate to handle the

increasing quantity of Municipal Solid Waste generated in the city.

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B. The Ministry of Environment and Forests (MoEF), Government of India (GoI),

has formulated the Municipal Solid Wastes (Management and Handling) Rules

2000 ("MSW Rules") (as updated till date), which makes it mandatory for every

municipal authority to implement a scientific solid waste management system

wherein the Municipal Solid Waste is duly processed and the residual inert/non-

biodegradable solid wastes disposed in accordance with the said rules.

C. NDMC is desirous of improving the solid waste management services in the

areas/zones under its jurisdiction. For meeting the aforesaid objective, pursuant

to Section 201 of the DMC Act, NDMC upon receipt of authorization by NDMC

Council Resolution No. ------- decided to invite private sector participation on

Design, Procure, Build, Operate, Maintain, and Transfer (DPBOMT) basis, to

carry out the functions of collection, transportation and delivery of Municipal

Solid Waste.

D. NDMC had invited competitive proposals from eligible Bidders for implementing

the Project and in response thereto NDMC received proposals from several

persons including the Concessionaire/Consortium for implementing the Project.

E. NDMC, after evaluating the aforesaid Proposals accepted the Proposal

submitted by the Concessionaire and issued Letter of Intent (LOI) No. ________

dated _________ to the Concessionaire for developing the Project.

F. The Parties hereto are required to enter into the Concession Agreement being

these presents to record the terms, conditions and covenants of the Concession.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:-

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ARTICLE 1

1 DEFINITIONS AND INTERPRETATION

1.1 Definitions

In this Agreement, the following words and expressions shall, unless repugnant

to the context or meaning thereof, have the meaning hereinafter respectively ascribed

to them hereunder:

“Act and Rules” The term "said Act" and “said Rules" shall mean and include the Delhi

Municipal Corporation Act 1957 amended up to date and Rules framed there under

from time to time, the Municipal Solid Waste (Management and Handling) Rules 2000

(amended up to date and Rules framed there under from time to time), all labor laws/

and other relevant laws and rules (mentioned above or not mentioned) applicable to

the contract.

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

operating costs or both as the case may be, which the Concessionaire would be

required to incur as a result of Change in Law.

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

in accordance with Article 9.

“Agreement” shall mean this Agreement, and shall include any amendments hereto

made in accordance with the provisions thereof.

“Applicable Law” shall mean all laws in force and effect, including MSW Rules, as to

date and which may be promulgated or brought into force and effect hereinafter in

India including judgments, decrees, injunctions, writs or orders of any court of record,

as may be in force and effect during the subsistence of this Agreement and applicable

to the Project/the Concessionaire.

“Applicable Permits” shall mean all clearances, permits, authorizations, consents and

approvals required to be obtained or maintained by the Concessionaire under

Applicable Law, in connection with the construction, operation and maintenance of the

Project during the subsistence of this Agreement.

“Appointed Date” shall mean the date of this Agreement.

“Arbitration Act” shall mean the Arbitration and Conciliation Act, 1996 and shall

include any amendment thereto or any re-enactment thereof as in force from time to

time.

“Bidder, prospective bidder, successful bidder” shall mean and include a proprietary

and Partnership firms or companies Pvt. Ltd./Limited which has obtained the tender

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document from NORTH DELHI MUNICIPAL CORPORATION, which has submitted a

tender for the work, which has been issued Letter of Acceptance for the work on

successful bidding, respectively. In case of proprietary firm, him/her, his/her heir’s

executors and administrators and in case of partnership firm a partner or partners of

the firm and in case of the companies their Directors.

“Bio-degradable waste” means the waste of plant and animal origin e.g. kitchen waste,

food & flower waste, leaf litter, kitchen-garden waste, animal dung, fish/meat waste

and any other material that gets decomposed by the action of living organism, as

defined in MSW (M&H) Rules 2000.

“Bio-medical Waste” shall have the meaning ascribed to it under the Biomedical

Wastes (Management & Handling) Rules, 1998.

“Book Value” shall mean the cost of the fixed assets incurred by the Concessionaire for

the Project, net of accumulated depreciation computed on straight line basis in

accordance with the rates specified in Companies Act, 1956 and as determined by an

independent firm of chartered accountants mutually agreed upon and appointed by the

Parties.

“Bulk generator” means the owner, occupier or any other person representing owners

and occupiers of housing society / housing complexes, restaurants; hotels, markets,

industrial estates, parks, garden, traffic islands etc. and shopping complexes / malls and

includes any government or public office building, or other users such as clubs,

gymkhanas, marriage halls, recreation/ entertainment complexes hospitals, educational

institutions, commercial establishments or other establishment sources / premises etc.

“Change in Law” shall have the meaning ascribed to it in Article 9.6.

“COD” shall mean the Commercial Operations Date of the Project which will be issued

by the NDMC/ Independent Consultant after issue of Readiness Certificate, on the day

when all the dhalaos has been constructed/ renovated/ remodeled/ upgraded as per

plan and has been converted to modern waste storage depots, transfer station/ work

shop/ parking sites have been developed/ constructed/ upgraded and street corner

bins in the concession area have been installed.

“Collection” means lifting and removal of municipal solid waste (MSW) from

designated collection points or any other location in the concession area.

“Commissioner”: The term “Commissioner" shall mean and include the Commissioner

of North Delhi Municipal Corporation, appointed under relevant provisions of the DMC

Act 1957.

“Concession Area” means the area under the jurisdiction of the particular zone/group

for which the concession has been assigned to the Concessionaire under the Terms and

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Conditions of this agreement. The area in particular zone may change due to Govt.

notification. If such a change is made in the area of a zone, then the newly crafted area

of the zone will be treated as the area of the zone from the date of the notification. At

present the area falling under the various zones is as set out in Schedule A1, A2, A3 and

A4.

“Concession Period” shall have the meaning ascribed to it Article 3.2.

“Concession” shall have the meaning ascribed thereto in Article 3.

“Concessionaire” means M/s. XXXX and includes its successors and permitted assigns

expressly approved by NDMC.

“Construction Requirements” shall mean the requirements as to construction of the

Dhalaos/ Waste Storage Depots/Bins, Waste Transfer Facility, Dustbins, Facility Site and

Workshop Site as set out in Schedule B.

“Construction Works” shall mean all works and things required to be constructed by

the Concessionaire, pursuant to the Construction Requirements and O&M

Requirements.

“Contract”: The term "Contract" shall mean and include (i) RfP Document (ii) Terms and

conditions of Contract (iii) Tender Form (iv) Form of acceptance (v) Form of agreement

vi) Additional or modified clauses added on account of the pre-bid meeting (vii)

Mutually accepted conditions in writing signed by both the parties; North Delhi

Municipal Corporation and Contractor. (viii) Technical Proposal submitted by the

Bidder. Thus the Contract means the agreement between the successful Bidder (The

Bidder to whom the letter of acceptance is given) and North Delhi Municipal

Corporation as recorded in the article of agreement signed by the successful Bidder and

North Delhi Municipal Corporation, including all appendices, attachment and

documents mentioned there in. The successful Bidder then becomes the Contractor/

service provider of the project/work.

“Design Requirements” shall mean the requirements as to the design of the New

Project Facilities as set out in Schedule C.

“Designated Waste Disposal Facilities” shall mean a Landfill/ a Dumping Site/

composing plant/ Waste to Energy Plant and/or any Waste Processing Facility Site etc.

as decided by NDMC from time to time.

“DMC Act” means the Delhi Municipal Corporation Act, 1957 and includes any

amendment thereto or replacement or re-enactment thereof, as in force from time to

time.

“DPCC” shall mean the Delhi State Pollution Control Committee.

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“Drawings” shall mean all the drawings, designs, calculations and documents

pertaining to the Project in accordance with the Construction Requirements and O&M

Requirements.

“Emergency” shall mean a condition or situation that is likely to endanger the safety of

the individuals on or about the Project Facilities or which poses an immediate threat of

material damage to any of the Project Facilities.

“Encumbrance” shall mean any encumbrance such as mortgage, charge, pledge, lien,

hypothecation, security interest, assignment, privilege or priority of any kind having the

effect of security or other such obligations and shall include without limitation any

designation of loss payees or beneficiaries or any similar arrangement under any

insurance policy pertaining to the Project, physical encumbrances, claims for any

amounts due on account of taxes, cesses, electricity, water and other utility charges

and encroachments on the Project Facilities.

“Engineered Sanitary Landfill” shall mean the area within the Landfill Facility, designed

with protective measures against pollution of ground water, surface water and air

fugitive dust, windblown litter, bad odour, fire hazard, bird menace, pests or rodents,

greenhouse gas emissions, slope instability and erosion, and utilized for disposal of

Waste.

“Event of Default” shall have the meaning ascribed there to in Article 10.1.

“Existing Project Facilities” shall mean collectively the facilities set out in Schedule D 1,

D 2, D 3 and D 4, for the City Zone, Sadar Paharganj Zone, Karol Bagh Zone and Narela

Zone respectively, to be constructed, renovated or modified by the Concessionaire in

accordance with the Construction Requirements, for implementing the Project in

accordance with this Agreement.

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

March 31 of the succeeding year.

“Financing Documents” shall mean collectively the documents evidencing Lenders’

commitment to finance the Project.

“Force Majeure” or “Force Majeure Event” shall mean an act, event, condition or

occurrence as specified.

“GNCTD” shall mean the Government of the National Capital Territory of Delhi.

“GoI” shall mean the Government of India.

“Good Industry Practice”: The term shall mean exercise of that degree of skill, diligence

prudence & foresight in compliance with the undertakings and obligations as under the

agreement which would reasonably and ordinarily are expected of a skilled &

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experienced persons engaged in the implementation, operations and maintenance or

supervision or monitoring thereof of any of them of a project similar to this project

“Government Agency” shall mean GoI, GNCTD, NDMC or any state government or

governmental department, commission, board, body, bureau, agency, authority,

instrumentality, court or other judicial or administrative body, central, state, or local,

having jurisdiction over the Concessionaire, the Site/Project Facilities or any portion

thereof, or the performance of all or any of the services or obligations of the

Concessionaire under or pursuant to this Agreement.

“Hand back and Transfer Requirements” shall have the meaning as described there to

in Article 11.

“Hazardous Waste” shall have the meaning as defined under the Hazardous Wastes

(Management and Handling) Rules, 1989 and as amended thereto.

“IC” means Independent Consultant. “Independent Consultant” shall mean a reputed

Person being a firm, company or a corporate body appointed in accordance with this

agreement for supervision and monitoring of compliance by the Concessionaire with

the Construction Requirements and O&M Requirements, more particularly to

undertake, perform and carry out the duties, responsibilities, services and activities set

forth in this agreement.

“IGAAP” means the Indian Generally Accepted Accounting Principles consistently

applied.

“Implementation Period” shall mean the period from the date of signing of Agreement

to the date of issue of Readiness Certificate.

“Inert Solid Waste” means any solid waste or remnant of processing whose physical,

chemical and biological properties make it suitable for sanitary land filling.

“IT Cell (Information Technology Cell)” shall mean the cell created by the

Concessionaire for management of web site for the project.

“Landfill Site” means the land as used for disposal of waste located in SLF Bhalswa,

more particularly described in Schedule G, designated by NDMC for the purpose of

delivering Municipal Solid Waste during the Operations Period.

“Lenders” shall mean financial institutions, banks, funds and trustees for bond holders

or debenture holders, who have provided funds to the Concessionaire for financing any

part of the Project.

“Material Adverse Effect” shall mean a material adverse effect on (a) the ability of the

Concessionaire to exercise any of its rights to perform/discharge any of its

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duties/obligations under and in accordance with the provisions of this Agreement

and/or (b) the legality, validity, binding nature or enforceability of this Agreement.

“Material Breach” shall mean a breach by either Party of any of its obligations under

this Agreement which has or is likely to have a Material Adverse Effect on the Project

and which such Party shall have failed to cure.

“Municipal Solid Waste Rules” shall mean the Municipal Solid Wastes (Management and Handling) Rules, 2000 and includes any amendments thereto.

“Municipal Solid Waste” (MSW) includes commercial, residential and other waste

generated within the limits of North Delhi Municipal Corporation either in solid or semi-

solid form excluding industrial hazardous waste but including treated bio-medical

waste. The term Solid Waste shall further mean the Municipal Solid Waste as described

under the MSW (M&H) Rules 2000 notified by MoEF, Govt. of India, notified on 25

September, 2000, generated in the Concession area by all generators.

“NDMC” shall mean North Delhi Municipal Corporation, a trifurcated component of

erstwhile Municipal Corporation of Delhi, a body constituted under the Delhi Municipal

Corporation Act, 1957

“New Project Facilities” shall mean collectively the facilities set out in Schedule I, to be provided by the Concessionaire for implementing the Project in accordance with this Agreement.

“Non-Bio degradable Substance” shall mean all substances other than the Bio-

degradable Substance but shall not include construction debris, Hazardous Wastes and

Recyclable Substances.

“Party or Parties” mean North Delhi Municipal Corporation and the Contractor/

Service provider who has been assigned the work. “Parties” shall mean the parties to

this Agreement and “Party” shall mean either of them, as the context may admit or

require.

“Performance Security” shall mean the guarantee for performance of its obligations to

be procured by the Concessionaire in accordance with this agreement.

“Permitted Investments” shall mean interest bearing demand or time deposits or

similar arrangements with scheduled public sector banks in India, Public financial

institutions in India, GoI wholly owned corporations or GoI statutory bodies(which in all

cases have credit ratings of at least AA) or its equivalent thereof by an approved credit

rating agency which is reasonably acceptable to the Parties provided, however, that no

Permitted Investment shall have a maturity in excess of six (6) months.

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“Person” shall mean (unless otherwise specified or required by the context), any

individual, company, corporation, partnership, joint venture, trust, unincorporated

organization, government or government body or any other legal entity.

“Preliminary Notice” shall mean the notice of intended Termination by the Party

entitled to terminate this Agreement to the other Party setting out, inter alia, the

underlying Event of Default.

“Premises” includes buildings, tenements in a building, house, outhouse, stable, shed,

hut, and any other structure whether of masonry, brick, mud, wood, metal or any other

material whatsoever and lands of any tenure whether open or enclosed whether built

upon or not being used for the time being for purposes of residence, trade, industry,

service, business, government or any other public or private purpose including

weddings, banquets, meetings, exhibitions, organized events, etc. It also includes any

portion of a public road that is permitted by the Commissioner to be used for the time

being for parking of vehicles, street vending, and storage of materials at a work site or

for any public or private purpose whatsoever other than the movement of vehicles.

“Price Offer”: The term shall mean commercial offer to be given by the bidder in

prescribed schedule, the offer of price of the rate of work detailed in technical offer in

terms of Rupees and in terms of the total price in Rupees to be paid to the successful

bidder on completion of work for that particular period.

“Project Facilities” shall mean collectively the Existing Project Facilities and the Newly

Constructed/ upgraded Project Facilities, and shall include all the waste collection

dhalaos/dustbins, the Waste Transfer Station Facilities, Auto Workshops, Vehicle

Parking Sites, Complaint Redressal cell, Information Technology (IT) Cell, Vehicle

monitoring cell, all other related facilities, and any other onsite/ offsite facilities created

for the Project developed by the Concessionaire.

“Project Work” means “Design, Procure, Build, Own, Plan, Operate and Maintain

vehicles, equipment, systems, installations, infrastructure, manpower and provide

services of MSW Collection, Transfer, and its Transportation to a designated Landfill

and/or MSW Processing Facility, on a long-term Design, Procure, Build, Operate,

Maintain and Transfer (DPBOMT) basis as per MSW (M&H) Rules 2000 (as amended

from time to time); in the Concession Area/Zone of North Delhi Municipal Corporation;

and organize public awareness periodically for achieving compliance of the MSW

(M&H) Rules 2000, as defined in the scope of work.

“Project” shall mean design, financing, construction, operation and maintenance of the

Project Facilities in accordance with the provisions of this Agreement.

“Public place” includes any road, arch road, viaduct, lane, footway, alley or passage,

highway, causeway, bridge, square alley or passage whether a thoroughfare or not over

which the public have a right of passage, and such places to which the public has access

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such as parks, gardens, recreation grounds, playgrounds, beaches, water bodies, water

courses, public plazas and promenades, government and municipal buildings, public

hospitals, markets, slaughter houses, courts, etc.

“Readiness Certificate” shall mean the certificate issued by Independent Consultant/

NDMC certifying, inter alia, that:

“Remuneration” shall mean all fees, costs, charges and expenses payable to the

Independent Consultant in accordance with the terms of his appointment.

“Scheduled Project Completion Date” means SEVEN years from the date of signing of

agreement.

“SPV” means Special Purpose Vehicle Company.

“Substitution Agreement” means the agreement substantially in the form set out at

Schedule N, to be entered into between NDMC, Lenders and the Concessionaire.

“Tax” shall mean and includes all taxes, fees, cesses, levies that may be payable by the

Concessionaire under Applicable Law.

“Technical offer”: The term shall mean the details of the technical and financial

eligibility of the bidder; acceptance of the terms and condition of the project/work and

undertakings regarding the same; project plan and operational details including

identification of activities, resources requirement and details of type, capability, quality

and quantity; methodology of work; plan of resources deployment; implementation

plan and evaluation of the results.

“Termination Date” shall mean the date specified in the Termination Notice as the date

on which Termination occurs.

“Termination Notice” shall mean the notice of Termination by either Party to the other

Party, in accordance with the applicable provisions of this Agreement.

“Termination” shall mean early termination of this Agreement pursuant to Termination

Notice or otherwise in accordance with the provisions of this Agreement but shall not,

unless the context otherwise requires, include expiry of this Agreement due to efflux of

time in the normal course.

“Tests” shall mean the tests to be carried out in accordance with the Construction

Requirements or the O&M Requirements.

“The Goods” means all materials, articles, accessories, assemblies, equipment,

machinery which the Successful bidder is required to provide at specified places for

establishing, commencing, continuing and carrying out the Work in specified manner

and with the specified performance levels.

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“The Services” means all activities direct or ancillary to the work like guarding, up

keeping, operating and maintaining the vehicles, equipment, systems and related

infrastructure required performing the Work assigned to the successful bidder /

Contractor in a specified manner for a specified period for fulfilling the desired

performance. The services will include collection, transfer and transportation as per

MSW (M&H) Rules 2000, and other applicable laws (as amended to date and from time

to time throughout the concession period), on a long-term Design, Procure, Build,

Operate, Maintain and Transfer (DPBOMT) basis; for Municipal Solid Waste.

“Tipping Fee Rate” shall mean the amounts payable per ton per day of Waste collected

and transported in compliance with the terms and conditions of this agreement to

designated facility as set out in Schedule K.

“Tipping Fee Statement” shall have the meaning as ascribed thereto in Article 8.

“Tipping Fee” shall mean the amounts payable by NDMC to Concessionaire in

accordance with Article 8.

“Transfer Station” shall mean the space provided by NDMC (if allotted) for temporary

storage/ segregation/ compaction, loading and unloading of Municipal Solid Waste and

its further transfer to the designated waste disposal facility. The space shall be

optimized and can also be used for parking of vehicles if required deployed by the

concessionaire for this project only. The facility will be developed for the purpose by

concessionaire at its own cost.

“Transportation” means conveyance of Municipal Solid Waste from place to place

hygienically through specially designed transport system as per MSW (M&H) Rules,

2000 (as amended from time to time), so as to prevent from public view, foul odour,

littering, spillage unsightly condition and accessibility to vectors.

“Vehicle Tracking & Monitoring System” shall mean the hardware and software of the

equipments/ technology required to be installed by the Concessionaire on its vehicles,

and loading equipment to facilitate Concessionaire/ Independent Consultant/ NDMC to

track the movement of vehicles carrying MSW. The Concessionaire shall provide one

terminal to Independent Consultant/ and one terminal to NDMC for tracking the

movement of vehicles carrying MSW.

“Waste Disposal Facility” shall mean any facility for dumping and/or processing of

Municipal Solid Waste as communicated by NDMC to the Concessionaire.

“Waste Inspection Area” is the designated area at the landfill facility or the waste

processing facility for inspection of the incoming waste. The waste shall confirm with

the collection requirements. The waste may be checked by unloading the waste at the

waste inspection area.

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“Waste Processing Facility (ies)” shall mean the facilities for Processing Municipal Solid

Waste.

“Waste Storage Depots” shall mean any dhalao/ dustbin/ transfer station/ bin/ open

waste collection site etc. falling in the jurisdiction of the Zone.

“Workshop Site” shall mean the land as defined in Schedule F provided by NDMC to

the Concessionaire for the purpose of segregation of MSW and/or parking, repairing

and refueling of vehicles used by the Concessionaire during the Operations Period.

(i) The concessionaire has deployed all the necessary manpower for execution,

supervision and monitoring of collection and transportation of waste, Complaint

Redressal Cell, GPS Vehicle Monitoring and Tracking Cell.

(ii) The Concessionaire has obtained all approvals necessary to Operate and

Maintain vehicles, equipment, systems, installations, infrastructure, manpower,

provide services of MSW Collection, Transfer, and its Transportation to a

designated Landfill and/or MSW Processing Facility, on a long-term Design,

Procure, Build, Operate, Maintain and Transfer (DPBOMT) basis as per MSW

(M&H) Rules 2000 (amended till to date); in the Concession Area/Zone of North

Delhi Municipal Corporation;

(iii) The Concessionaire has procured all the waste collection vehicles, loading

equipments and has installed GPS system on all the vehicles/ equipments as per

terms and conditions of the agreement.

(iv) The concessionaire has setup complaint Redressal Cell, GPS Vehicle Monitoring

Cell as per terms and conditions of the agreement.

(v) The concessionaire is ready to organize public awareness programme

/campaign, as defined in the scope of work.

OTHER DEFINITIONS of TERMS: As defined in the MSW (M&H) Rules, 2000 (amended

up to date) of MoEF, Govt. of India.

1.2 The Standards

The Goods, vehicles, equipment, systems and services provided under the

Tender/Contract shall conform to the standard as specified in the technical

specifications.

In specific, Vehicles should conform to latest emission standards as per the applicable

law of the RTO of GNCTD and as upgraded from time to time as per statutory

requirements.

Where no standards are specified for particular goods, vehicles, equipment, services,

they should conform to the latest minimum Bureau of Indian Standards specifications if

prescribed for the product, machinery, equipment, services required in the tender, if

not prescribed under BIS they should conform to the latest ISO standard.

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Or the authoritative latest standards used in the country of origin, appropriate to the

specified goods, vehicles, equipment systems, and services.

A declaration will be submitted by the bidder / contractor for the above with the

certification of the authorized agency of the origin.

1.3 Interpretation

In this Agreement, unless the context otherwise requires,

(a) any reference to a statutory provision shall include such provision as is from

time to time modified or re-enacted or consolidated so far as such modification

or re-enactment or consolidation applies to, or is capable of being applied to

any transactions entered into hereunder;

(b) references to Applicable Law shall include the laws, acts, ordinances, rules,

regulations, notifications, guidelines or bylaws which have the force of law;

(c) the words importing singular shall include plural and vice versa, and words

denoting natural persons shall include partnerships, firms, companies,

corporations, joint ventures, trusts, associations, organizations or other entities

(whether or not having a separate legal entity);

(d) the headings are for convenience of reference only and shall not be used in, and

shall not affect, the construction or interpretation of this Agreement;

(e) the words "include" and "including" are to be construed without limitation;

(f) any reference to day, month or year shall mean a reference to a calendar day,

calendar month or calendar year respectively;

(g) the Schedules to this Agreement form an integral part of this Agreement as

though they were expressly set out in the body of this Agreement;

(h) any reference at any time to any agreement, deed, instrument, license or

document of any description shall be construed as reference to that agreement,

deed, instrument, license or other document as amended, varied,

supplemented, modified or suspended at the time of such reference;

(i) references to recitals, Articles, sub-articles, clauses, or Schedules in this

Agreement shall, except where the context otherwise requires, be deemed to

be references to recitals, Articles, sub-articles, clauses and Schedules of or to

this Agreement;

(j) any agreement, consent, approval, authorization, notice, communication,

information or report required under or pursuant to this Agreement from or by

any Party or by Independent Consultant shall be valid and effectual only if it is in

writing under the hands of duly authorized representative of such Party or

Independent Consultant in this behalf and not otherwise;

(k) any reference to any period commencing “from” a specified day or date and

“till” or “until” a specified day or date shall include both such days or dates.

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ARTICLE 2

2 SCOPE OF WORK

2.1 Scope of Work– Concession Area A. For the purpose of bidding, the Proposal(s) for the three Groups, viz.

Group 1: Sadar Paharganj and City Zone; Group 2: Karol Bagh Zone; Group 3: Narela Zone are invited. Bids shall be submitted separately for individual Group. Therefore the Concession agreement will be signed between the Successful Bidder(s) and the NDMC for each of the Group as independent project.

B. While the Bidders can apply for all the three GROUPs (GROUP 1, GROUP 2, and GROUP 3) separately, but it is made clear that any bidder shall be awarded only one Group. The financial bids of technically qualified bidders will be opened in the order of Groups i.e. Group 1 (1st) then Group 2 (2nd) and in the last Group 3 (3rd). It is also clarified if any bidder is declared L-1 in Group 1 (1st) then he /she will not be entitled for subsequent Groups in respect of opening of financial bid. Similarly, the bidder declared L-1 for Group-2 (2nd) shall not be entitled for opening of its financial bids for Group-3(3rd).

2.2 Scope of Work – Service Provision The Scope of Work includes the collection of MSW from dhalao, community dustbins, bins, open waste collection sites in the concession area and transfer it either directly to the designated waste disposal facility (landfill/dumping site/waste processing facility) or to transfer station and then its transportation to designated waste disposal facility {Bhalswa SLF site, and/or Okhla Waste to Energy processing Facility or any other site (“designated site”)} as decided & communicated by NDMC. Scope of work also includes providing collection and placing requisite numbers of containers/bins of adequate size and appropriate design for commercial places, like vegetable markets, slum areas, markets, other places of high footfall including open sites and as required in the concession area etc. including proper maintenance and sanitation of all project facilities. Presently the waste generation from the three Zones is as under:

GROUP Zones in Group Approximate Waste Generation in MT/Day

Designated Waste Facility

Group 1

Sadar Paharganj Zone

450 Bhalswa SLF and Okhla Waste to Energy Processing Facility

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City Zone 300 Do-

Group 2 Karol Bagh Zone 500 Bhalswa SLF and Okhla Waste to Energy Processing Facility

Group 3 Narela Zone 400 Bhalswa SLF

All the bidders are required to submit a Comprehensive Technical Proposal, indicating their plan of action to deal with the job of waste collection and transportation from the Concession area to designated disposal sites, maintenance and modification of Waste Storage Facilities meeting all the requirements of MSW (M&H) Rules 2000 (amended from time to time), Plastic Waste Rules, Hazardous Waste Rules, Bio Medical Waste Rules, E-Waste Rules and complying with Environmental Rules and Acts, and any other related rules and acts. The technical bid shall elaborate collection and transportation of MSW:

i. Collection (a) The management of collected MSW from dhalaos/ dustbins/ open sites/ bins,

or any other site designated for the purpose time to time. (b) Modification, upgrading and maintenance of waste storage facilities, to keep

pace with the changing time. (c) Keeping 25 m radius surroundings of dhalaos/dustbins/other open waste

collection points clean all the time, (d) To ensure that garbage does not get mixed with C&D waste, hazardous waste,

bio medical waste and drain silt etc. (e) To deploy the collection bins of required capacity and appropriate design at

appropriate sites in concession area including market places, unauthorized areas, religious places, weekly markets, places of heavy footfall, also in the areas where collection points are at far off distance places and any other place as notified by the department from time to time and their lifting arrangements on daily basis, as and when required.

(f) Construction of Transfer Station and Workshop including their maintenance.

ii. Transportation (a) Waste transportation to transfer station(s) (if required) and then its

transportation finally to designated waste facility. (b) To maintain the transfer Station/ loading vehicles and bins in spick and span

manner. (c) System to redress the complaints to ensure disposal in most effective manner. (d) Standby arrangements in case of emergencies/ exigencies. (e) System to redress breakdowns in the shortest response time. (f) System to be adopted for unauthorized colonies and other congested areas

and open sites created from time to time in the area. The bidder shall also explain the methodology for operation and maintenance and upkeep of all the facilities to be setup or upgrading the existing and newly to be acquired facilities/ equipments/ vehicles during the concession period considering the future increase of quantum of garbage due to increase in population, increase in waste generation rate and traffic conditions etc. All the facilities have to be maintained in a spick and span manner during the Concession Period.

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The bidders have to provide details of the proposed men and machinery (i/c their specifications and makes) they will engage for the execution and supervision of the project. The proposal shall also describe procedure of handing over of all the facilities including upgraded existing and newly acquired facilities during the concession period after the completion of the Concession Period to NDMC. The contingency plan to meet any exigencies shall also form a part of the technical bid. The bidders are also supposed to provide specifications of all the items they propose to set up / renovate/ remodel/ construct/ re-construct to execute this Project. The Concessionaire has to create a web site where in details of all the vehicles/ equipment/ men and machinery will be displayed on daily basis ward wise. The web site shall be based on real time system. Schedule of every vehicle/equipment shall be uploaded at a given time for next 24 hours operation. It shall describe the route plan of each vehicle/ covering points, dhalaos/ dustbins etc. with real time management. The web site shall also provide details of every employee i/c attendants at each dustbin/dhalao/Waste Storage Depot (WSD)/Transfer station/Workshop/ Facility site, supervisory staff, managerial staff with the employee ID and their telephone numbers. The information shall be real time so that anyone from Independent Consultant (I.C)/NDMC staff can visit the WSD or any facility site to check their credentials. The web site shall upload the real time picture of the WSD as soon as it is attended. The information given on the web shall be accessible by everyone including IC/NDMC engineers/ field staff / and public at large. The bidders will be required to make a detailed presentation to explain their design criteria, how and what vehicles/ machines/ equipments will they procure (i/c reasoning for selection of every proposed vehicle/ machinery/ equipment, rational for their numbers), what staff including technical, supervisory and managerial staff is proposed for engagement (i/c reasoning for selection of every proposed personnel), what are up-gradation/ construction, operation and maintenance plans of auto-workshop, transfer stations, parking sites, dhalaos/ waste storage depots (i/c explaining details/ features of proposed workshop/ parking facility/ transfer station/modern waste storage depots); criteria for procurement, placement, cleaning, operation & maintenance of bins (i/c explaining the size, shape, quantity and material of bins) in areas of high footfalls or existing open sites; public awareness and education plans (i/c explaining media selection, frequency etc.); contingency plan; vehicle monitoring cell; complaint/ grievance redressal cell (i/c explaining Modus operandi, mechanism of complaint receiving, assigning complaint numbers, SMS for acknowledging complaint and assigning complaint numbers, system of appraisal to complainant after attending the complaint by SMS/ e-mail/ posting on web site, receiving feedback etc.); creation of web portal and its maintenance (providing details, what features the web site will have). It shall also be incumbent upon the concessionaire to ensure each and every component of MSW (M & H) Rules,2000 is complied with in letter and spirit

The work comprises the following items:

Collection and Transportation of MSW: Collection and Transportation of MSW from all the dhalaos/dustbins/open sites and waste collection points, if any, (waste storage depots) in the concession area confirming

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the requirements of MSW (M&H) Rules 2000 (as amended from time to time). The Concession area comprises of approved colonies, unauthorized colonies, unauthorized-regularized colonies, Rural villages, Urban villages, resettlement colonies, JJ clusters, slum areas, offices, schools, marketplaces including malls, mandi’s and other commercial places [like restaurant, hotel, motel etc.] etc. in the zone area in the jurisdiction of NDMC.

Waste Storage Depots (WSD): The work will include designing/ revamping/constructing/ reconstructing/ replacing of the existing dhalaos /dustbins (waste storage depots) and their surroundings. It shall be the duty of the concessionaire to make the floors and walls of the dhalao collection worthy and repair free. In case of default in this regard, the concessionaire shall be liable to pay the penalty at the prescribed rate till the default is rectified to the satisfaction of the NDMC/IC. The Concessionaire will be required to maintain and to keep clean the dhalaos /dustbins (waste storage depots) and its 25 meter surroundings spick and span during the Concession Period by taking effective measures like having extended area of dhalao, proper barricading/ view cutter on regular basis. It should be incumbent upon the concessionaire to ensure that drain silt/ malba and other material is not dumped/ mixed at the dhalao/ collection site. It shall be the duty of the concessionaire to keep the collection point neat and clean without garbage littered around it 24 hours a day and also ensure lifting of entire garbage once in a day at Zero Hours. However, if needed, he shall lift the garbage as many times as required to contain the minimum garbage properly inside the bins. He shall also ensure to man the collection points in order to maintain them in presentable and perfect order.

NDMC intends to modernize its dhalaos/ waste storage facilities as one time measure through concessionaires as per the technical parameters specified in the construction schedule. After modernization, concessionaire will maintain the same as per maintenance schedule throughout the concession period at its own cost and will also handover to NDMC in same condition after the expiry of the concession period. The Bidders shall submit the details of the modern WSD i/c detailed design, drawings, specifications of all the items they will perform to modernize the existing dhalaos/dustbins. They shall also show in the plan/ elevations how they intend to place the advertisements and information of the WSD (the advertisements and the WSD info shall comply with the Advertisement Policy of the NDMC/MCD).

NDMC may provide the basic parameters regarding construction reconstruction/ remodeling/ improvement of waste storage depots/ collection sites during pre-bid meeting. Concessionaires will submit their designs as mentioned above depending upon the site conditions and the available sizes preferably for normal size, for congested sites and open sites in their technical proposal based on the parameters provided by NDMC. However, after examining proposal of all the concessionaires, NDMC will standardize the designs for all the concessionaires and the same will be the binding on the bidders.

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The Concessionaire will be required to make changes to these dustbins/ dhalaos or open sites (waste storage depots) in order to facilitate the waste transfer in a manner so as to avoid any public inconvenience, or disruption in traffic movement. The proposed system shall be environmentally sustainable. Concessionaire shall construct modern WSD as per the design submitted by him and formally accepted by the NDMC/IC at the open collection sites. In case it is not possible to construct the modern WSD at the locations of open collection sites, Concessionaire will be required to place collection bins of appropriate size and adequate numbers to meet the requirements as directed by the Independent Consultant/ Engineer-in-Charge. A suitable concrete platform of appropriate size will be provided for placing these bins. But in any case waste shall not over flow/ spill from the bins. The waste must be cleaned minimum once in 24 hours or more times as per requirement of the site. The garbage must stay confined inside the bins so that it is neither littered on the streets/roads nor is it intruded upon/infested by stray animals. These bins must have a unique ID No. which must be displayed in the manner as specified for the respective dhalaos/ waste storage depots.

There should be a zero-hour time printed on the WSD along with other relevant information and the WSD should be garbage free at zero-hour time. The zero hour time should be maintained on a daily basis. The information about zero hour time in respect of all the collection points/ dhalaos/ Waste Storage depots shall be uploaded on the web site created by the Concessionaire.

All the WSDs should be manned by attendants in uniform with proper badge and Identity cards. All applicable labour laws shall be strictly followed and in case of any adverse consequences arising due to non adherence of the same no direct vicarious liability whatsoever shall be imputable to the NDMC. The concessionaire should also take preventive measures to stop the intrusion of stray animals in the dhalaos and surroundings covering 25 m radius, failing which he/she shall be liable for prosecution/ penalty under the relevant acts applicable in public nuisance.

The monitoring infrastructure shall be augmented by the concessionaire and the Independent Consultant in close liaison and coordination so that general sanitation and hygiene is visible to the general public. Accordingly, the concessionaire shall upload photographs of all the sites free of garbage daily on the website created and maintained by the Concessionaire (With the access to the NDMC and I.C).

Road side Dustbins in Commercial Areas/ Markets/ High Footfall Areas: Concessionaire will also be required to put road side dustbins of adequate size and capacity in concession areas/ markets/ high footfall areas/congested areas/unauthorized colonies etc. for collection of waste and make its lifting arrangement accordingly.

The number of bins, their size shall match the requirements of the area. The waste bins so installed shall comply with the requirement of MSW

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(M&H) Rules, 2000. The bins must be cleaned/ washed at least once a week, the number of bins/ frequency of collection shall match to avoid overflowing of bins, spilling of waste from the bins. Overflowing of bins/ spilling bins/ damaged bins will not be allowed under any circumstances.

The waste shall be collected from these bins and transported to nearest dhalao/transfer station or directly to the designated waste disposal site. Additionally, it shall also be incumbent upon the concessionaire to make extra arrangement during festive season, rallies, major functions etc. at specified places.

Deployment of adequate fleet: Deployment of man and machinery will be commensurate with the felt/ anticipated needs, to be reviewed periodically (at least once every six months) with representatives of Independent Consultant/ NDMC Engineer in-charge, so that no site remains garbage ridden at any point of time. In case of persistent default, notwithstanding imposition of any penalty, proceedings for termination of contract will be initiated.

Transportation of waste is to be carried out in covered vehicles as per MSW Rules 2000 (as amended from time to time). The waste shall not be visible to the public view while transportation and there shall be absolutely no spilling while transporting the waste.

Drain Silt/ debris/ C&D Waste/Horticulture Waste/Bio Medical Waste/ Hazardous Waste etc.: It shall be the duty of the concessionaire to send the permissible MSW only to the SLF sites/ waste processing site by ensuring that garbage doesn’t get mixed with the drain silt/ debris/ building material/ C&D Waste/Horticulture Waste/Bio Medical Waste/ Hazardous Waste etc. at the collection centers by adopting effective measures.

Setting up of a mechanized transfer station/ up gradation of existing transfer station: The concessionaire shall arrange to transfer the MSW for Group 1 Zones (Sadar Paharganj and City Zone) from dhalaos & secondary collection points in small vehicles to Bela Road behind electric crematorium and from there to Bhalswa SLF Site / Waste to Energy Facility in closed vehicles. The transfer station at Bela Road would be handed over to new concessionaires on “as is where is basis” as taken back from the existing concessionaire and new concessionaire will make changes and install required equipments at the transfer station as proposed by the bidder. Transfer station should be operated and maintained in a spick-and-span condition throughout the Concession Period. To establish the facility in other two groups i.e. Group 2 and Group 3 NDMC will provide the space to the concessionaire as soon as NDMC gets the requisite land for which efforts are on. In case land is not earmarked in the RFP then the bidder is expected to submit the design excluding transfer station. Scope of transfer station will be excluded

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from that particular zone. However, in the event of land being provided in the other two groups by the NDMC, the bidder shall submit a detailed proposal for constructing, operating and maintaining the transfer station. The final decision in this regard shall be taken by the department after pre-bid meeting.

Contingency plan: in case of any emergency, the concessionaire shall have a practical and readily implementable and well drilled contingent plan details of which must be submitted with the bid proposal.

At transfer station/ workshop premises/ WSDs/ Vehicles/Bins, advertisements and posters as per Advertisement Policy of the department will be allowed to be placed by the concessionaires subject to depositing the advertisement tax as per rule with the NDMC. The advertisement policy of MCD/NDMC is available on web site http://mcdonline.gov.in/departmentdocs/OUTDOOR%20ADVERTIEMENT%20POLICY.pdf. The bidders must take into account the revenue generation potential from the advertisements and adjust the same while quoting the tipping fee rate.

The concessionaire should ensure that the infrastructure, manpower and machinery to be deployed are commensurate with latest updated technology in conformity with MSW rules. It shall be incumbent upon the concessionaire to have adequate manpower/machinery at its disposal to meet any exigencies and no excuse whatsoever shall be tenable for non-availability of manpower/machinery failing which suitable penalty will be imposed as indicated in the penalty schedule.

A physical inspection shall be carried out by IC/ NDMC Engineers before pressing the machinery into service. No vehicles other than permanently built in body will be allowed. All the vehicles must be kept in good and neat conditions during the concession period and Concessionaire should deploy vehicles in road worthy condition.

The fleet of vehicles/ equipments/bins etc. shall be updated/ increased by the concessionaire in consonance with the anticipated increase in the quantum of garbage so that no backlog of garbage should ever be there in the concession areas.

The transportation vehicle shall be fitted with Geographic Positioning System (GPS) and GSM (Global System for Mobile Communication). These systems shall be monitored from a control room to be set up by concessionaire at his/her own cost and extending the access to the department and IC. The report shall be daily generated and posted on the NDMC website failing which suitable penalty will be imposed as indicated in the penalty schedule.

Workshop / Parking Facility: The selected bidder shall set up a full-fledged workshop / parking facility at the space provided by NDMC. However, the ownership of the land provided by NDMC shall always remain vests with the NDMC. The final decision in this regard shall be taken by the department after pre-bid meeting.

Land required for setting up of transfer station/ workshop shall be utilized for awarded project only to the concessionaire free of cost for the entire contract period. Any support/ certification required for

http://mcdonline.gov.in/departmentdocs/OUTDOOR%20ADVERTIEMENT%20POLICY.pdf


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applying for water, electricity, telephone connection etc shall be provided by NDMC at the cost of the concessionaire. The concessionaire shall not be permitted to use this land for any other purpose, if he does so, then the concession agreement is liable to be cancelled along with suitable legal action, if rectification is not made by the concessionaire after show causing.

Up-gradation, operation, maintenance of Waste Transfer (loading) Points, Municipal Collection Bins, Dhalao (WSD), Auto Workshop/ Vehicle Parking Site(s) etc. throughout the entire concession period shall be the responsibility of the Concessionaire. (Note: The list of present dustbins/ dhalaos/ open collection sites for all the zones separately is provided in this RFP document). The number of waste collection points may vary from time to time and new locations can be added.

Manpower and Machinery: The Concessionaire must arrange necessary infrastructure/ spare parts etc. and manpower for the purpose of regular operation, maintenance and cleaning of the vehicles, machinery, equipments and Waste Storage Depot at its own cost during the entire concession period.

The bidder has to engage required man power for successful implementation of the project. In NDMC the Swachata Karamcharies engaged by various residents in the concession area and the rag pickers [working in the area], and waste pickers may be considered as potential worker by the bidder [for the purpose] to ensure smooth implementation of the project.

Establishment of Control Room: The Concessionaire shall establish Control Room at the space provided by NDMC or otherwise (may be at workshop/parking facility) to monitor the movement of every vehicle by using Geographic Positioning System (GPS) or GSM (Global System for Mobile Communication) and will upload the reports on its website (will give access to the NDMC and I.C) in real time on daily basis failing which suitable penalty will be imposed as indicated in the penalty schedule.

The Concessionaire shall provide one terminal to Independent Consultant/ and one terminal to NDMC for tracking the movement of vehicles carrying MSW.

The control room shall also be equipped with latest gadgets (i/c through phones, e-mail and through other social/electronic media) to receive complaints from various sources including general public regarding their problems/ complaints in respect of non- collection of MSW, poor upkeep of vehicles, waste storage depots, cleanliness of transfer station/ loading points etc. For this purpose, landline phones shall be installed and maintained at the control room. The system should be automated and shall generate a complaint number for each complaint. Each complaint for non removal of garbage should be attended within six hours and the complainant should also be informed telephonically by the In-charge of control room. The concessionaire will upload pictures of the complained dhalaos/ vehicles/ transfer station on the web site as soon as possible after attending the complaints.

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The Concessionaire shall provide remedy for all the complaints within 6 hours of the receipt of the complaint (for the complaints received before 15:00 hours, and complaint received after 15:00 hours shall be redressed by 09:00 hours next morning) and shall record the action taken to redress each complaint along with time of receiving the complaint, time after attending the complaint, failing which suitable penalty will be imposed as indicated in the penalty schedule. All the complaints redressed should be supported with pictures of the complained dustbin/ dhalaos/ WSD/ Transfer station/ workshop/ parking facility before and after the complaint. The pictures of the complained site before and after the complaint shall be uploaded on the web site maintained by the Concessionaire.

Additional Work: The concessionaire shall make necessary arrangements to collect the additional quantity of MSW/ Waste being produced during festive season(s) or any other events at various location(s) in entire concession area.

If in future, the designated site is changed from existing designated facility site to some other location and there is change in Average Travel Distance between the concession area (Central Point of the Zone) and the new landfill site/ designated site, then the concessionaire shall be paid for the extra mileage as per Article mentioned in the Concession.

NDMC will intimate about the change in dumping site or designated waste facility, if any, by serving a thirty days notice to the concessionaire, before making such changes. The concessionaire shall use this thirty days period for making necessary arrangements of men and machinery (vehicles, equipment etc.) and other relevant arrangements. The Concessionaire will be paid towards the additional transportation cost as per the Article defined above.

Escalation: The escalation in tipping fee of the concessionaire will be an increase of 3.5% per annum from the date of issue of COD.

No Escalation will be allowed during the extended period, if any.

Penalties: Sanitation work and waste removal from the area is an important public health issue. Therefore, effective checks and balances have been provided. The details of these are provided in the Schedule of Penalties which is indicated in the Draft Concession Agreement.

Awareness: The awareness plan will be submitted by the concessionaire and a fixed allocation of 1% for the entire project (based on tipping rate) shall be earmarked and maintained through a separate escrow account by deducting the tipping fee on monthly basis. This is to be designed and developed to educate the citizens in the long run by involving RWAs and public representatives.

Monthly Action plan has to be prepared in advance and has to be uploaded on the web site after consultation with IC and/or NDMC. Awareness Plan may involve print, electronic media including radio/ FM stations/ internet sites and television etc. In case the concessionaire fails

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to do the awareness programme the monthly deduction will be made by the NDMC from the escrow account.

Miscellaneous Points: Waste lifting from open plots/sites and other areas within the concession area which are not specified as per agreement shall be lifted by concessionaire on the request of NDMC.

The concessionaire should submit daily reports as per the prescribed format designed by the Independent Consultant/ Engineer in Charge of the NDMC, which is to be uploaded along with photographs daily on the website.

This is made clear that the concessionaire shall arrange/engage necessary T&P, vehicles [all type] /manpower [in required number] for successful implementation of the project. Therefore, he/she shall exclusively be responsible for all accidents [any sort] occurred during collection, transfer and transportation of MSW. The concessionaire shall also be responsible for implementation of all labour related laws. The concessionaire shall indemnify the NDMC in respect of accident, labour laws and other liability on account of any contract, sub-contract given by concessionaire to any company or individual.

It is likely that NDMC may not be in a position to handover the dhalaos/ transfer stations/ workshop site / parking sites immediately after executing the agreement, since the currently operating Concessionaires will be maintaining the same. Therefore, the new Concessionaires will be given six months time for upgrading/ constructing/ re-constructing/ modernizing these project facilities from the issue of readiness certificate and COD will be issued only after all the dhalaos has been constructed/ renovated/ upgraded as per plan and has been converted to modern waste storage depots, transfer station/ work shop/ parking sites have been developed/ constructed/ upgraded and street corner bins in the concession area have been installed.

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IMPORTANT: The average travel distances for the Groups for the designated Waste Facility have been considered with respect to one central point in the GROUP. The GROUP CENTRAL POINT and average travel distance for the three Groups are as follows:

GROUP Zones in Group

No. Of wards at present

Average Waste Generation in MT/Day

No. of Dhalaos in the Zone


Average Travel Distance (One Side)

Centre point of the Zone

Group 1


8 450 49 Bhalswa SLF Okhla Waste to Energy Processing Facility

18 km Azad market

City Zone 7 300 41 Bhalswa SLF Okhla Waste to Energy Processing Facility

18 Km Azad market

Group 2 KB Zone 15 500 84 Bhalswa SLF and Okhla Waste to Energy Processing Facility

18 km Pusa Round About

Group 3 Narela Zone 10 400 134 Bhalswa SLF

22 km Auchandi Border

Change in Average Travel Distance for the new designated facility will be calculated with respect to the Change in Average Travel Distance from Central Point of the GROUP to the NEW Designated facility minus the Average Travel Distance as noted in the table above. Payments to the Concessionaire shall be made out as per the Schedule set in the Concession Agreement.

Note:

1. The Concessionaire shall arrange, engage, and deploy necessary Tools and Plants, vehicles [all type] /manpower, skilled or non-skilled, as per the existing requirement or anticipated requirement for the successful implementation of this Project. The Concessionaire shall be exclusively responsible for any accident that may happen during collection, transportation and loading and unloading process of MSW/Waste resulting in the loss of life and property. Under no

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circumstances the NDMC shall be imputable for any vicarious liability arising out of the negligence or the conduct of the Concessionaire. The Concessionaire shall also be responsible for adherence to all relevant labour laws.

2. The Scope of Work for this Project, does not include the Collection, Transportation, Transfer, or Processing of construction and demolition waste, un-claimed malba (construction and demolition waste), hazardous waste, biomedical waste, or silt removed from the de-silting of drain(s) within the jurisdiction of Concession Area, for which necessary arrangements will be made by the NDMC.

3. The Concessionaire shall submit his/her macro and micro level plans for all the activities under the Project to the NDMC and get it approved before implementation and also ensure its effective and successful implementation in all circumstances. The Macro and Micro level plans shall be submitted at the time of signing of the Concession Agreement. Independent consultant shall monitor and review the same and report periodically to the department.

Waste to Energy Facility at Okhla receives waste from the NDMC area based on

the condition that the density of the waste is below 550 Kg/cum in a non-

compacted vehicle and below 850 Kg/cum in a compactor vehicle. Bidders are

advised to take this aspect into consideration while calculating the fleet

requirements.

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Article 3

3 CONCESSION

3.1 Grant of Concession

Subject to and in accordance with the terms and conditions and covenants set

forth in this Agreement, NDMC hereby grants and authorizes the Concessionaire

to (i) collect Municipal Solid Waste within the Concession Area, from the street

corner bins, open dumping sites and Waste Storage Depots as designated time

to time in accordance with Applicable Laws and to transport and deliver waste

finally to the Designated Landfill Site and/or Waste Processing Facility and/or

any other site as directed by NDMC (ii) investigate, study, design, engineer,

procure, finance, modify, construct, operate, maintain and handback facilities at

end of the concession or on termination the Project Facilities and (iii) exercise

and/or enjoy the rights, powers, benefits, privileges, authorizations and

entitlements as set forth in this Agreement (“the Concession”).

3.2 Concession Period

The Concession hereby granted is for a period of seven (7) years from the date

of signing of agreement or until termination thereof in accordance with the

terms of this Agreement (“Concession Period”). If the need be, the Concession

Period can be extended for a further period of maximum one year, on same

terms and conditions.

Provided that in the event of Termination, the Concession Period shall mean

and be limited to the period commencing from the Appointed Date i.e. date of

signing of the agreement and ending with the Termination Date.

3.3 Exclusivity of the Concession

The Concessionaire shall be the sole and exclusive person entitled to undertake

the Project in the Concession Area and NDMC agrees that no agreement or

arrangement permitting such activities by any other party shall be entered into

by NDMC during the Concession Period.

3.4 Acceptance of Concession

In consideration of the rights, privileges and benefits conferred upon the

Concessionaire, and other good and valuable consideration expressed herein,

the Concessionaire hereby accepts the Concession and agrees and undertakes

to perform / discharge all of its obligations in accordance with the provisions

hereof.

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ARTICLE 4

4 HANDOVER OF EXISTING PROJECT FACILITIES

4.1 Handover of Existing Project Facilities

a) NDMC after the Appointed Date shall start handing over to the

concessionaire on ‘as is where is basis’, vacant and peaceful possession of

the project facilities free from encumbrance for the purpose of

implementing the project by taking back the project facilities from the

existing concessionaire. The activity of handing over of existing project

sites/ facilities will be completed within the implementation period.

However, department will allow the necessary access to the

Concessionaire in respect of the Existing Project Facilities, for enabling the

Concessionaire to carry out renovation, structural changes or modifications

thereto in accordance with the Construction Requirements.

b) Upon the Concessionaire being granted access to the Existing Project

Facilities pursuant to the preceding sub-article (a), the Concessionaire shall,

subject to the provisions of Article 3, have the right to enter upon and

renovate or modify the same at its costs in accordance with the

Construction Requirements and carry out such investigation, development

and improvements in the Existing Project Facilities and arrange for

procuring and providing the New Project Facilities, as may be necessary or

appropriate to implement the Project in accordance with the provisions of

this Agreement.

4.2 Rights, Title and Use of Project Facilities

(a) The Concessionaire shall have the right to the use of Project Facilities in

accordance with the provisions of this Agreement and for this purpose,

it may regulate the entry into or use of the same by third parties.

(b) The Concessionaire shall not part with or create any Encumbrance on

the whole or any part of the Project Facilities, save and except as set

forth and permitted under this Agreement.

(c) The Concessionaire shall not, without the prior written approval of

NDMC, use the Project Facilities for any purpose other than for the

purpose of the Project and purposes incidental or ancillary thereto.

(d) The Concessionaire shall allow access to and use of the Facility Site and

Workshop Site for laying/installing/ maintaining telegraph lines, electric

lines or for such other public purposes as NDMC may specify.

Provided that such access or use shall not result in a Material Adverse Effect

and that NDMC shall, in the event of any physical damage to the Project

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Facilities on account thereof, ensure that the Project Facilities are promptly

restored at its cost and expenses.

Provided further, that to the extent such access and use allowed by the

Concessionaire affects the performance of any of its obligations hereunder, the

Concessionaire shall not be deemed or construed to be in breach of its

obligations nor shall it incur/suffer any liability on account thereof.

4.3 Peaceful Possession

NDMC hereby warrants that:

(a) The Facility Site, Workshop Site, Waste Storage Depots and Landfill Site

(i) have been acquired through the due process of law; or

(ii) belongs to or has been leased to or is vested in NDMC and that

NDMC has full powers to hold, dispose of and deal with the same

consistent, interalia, with the provisions of this Agreement and

that the Concessionaire shall, have no liability regarding any

compensation payment on account of land acquisition or

rehabilitation/resettlement of any Persons affected thereby.

(b) The Workshop Site is in a condition suitable for immediate use by the

Concessionaire.

(c) The Concessionaire shall, subject to complying with the terms and

conditions of this Agreement, remain in peaceful possession and

enjoyment of the Existing Project Facilities during the Operations Period.

In the event the Concessionaire is obstructed by any Person claiming any

right, title or interest in or over the Existing Project Facilities or any part

thereof or in the event of any enforcement action including any

attachment, distrait, appointment of receiver or liquidator being

initiated by any Person claiming to have any interest in/charge on the

Existing Project Facilities or any part thereof, NDMC shall, if called upon

by the Concessionaire, defend such claims and proceedings and also

keep the Concessionaire indemnified against any consequential loss or

damages which the Concessionaire may suffer, on account of any such

right, title, interest or charge.

4.4 Applicable Permits

The Concessionaire shall obtain and maintain the Applicable Permits in such

sequence as is consistent with the requirements of the Project. The

Concessionaire shall be responsible and shall be in compliance with the terms

and conditions subject to which Applicable Permits have been issued.

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ARTICLE 5

5 INDEPENDENT CONSULTANT

5.1 Procedure for Appointment

NDMC, preferably prior to the execution of this Concession Agreement, shall

invite tenders for appointment of Independent Consultant, on monthly fee basis

payable to them. The IC meeting the qualification criteria and quoting the lowest

monthly payable fee shall be appointed to act as Independent Consultant for the

Project. NDMC shall endeavor to complete the process of appointment of the

Independent Consultant within 30 days hereof. The scope of work of the Independent

Consultant is set out in this Article 5.

The initial term of the Independent Consultant shall be 2 years, which may be

renewed/ extended for a period not exceeding 2 year time.

5.2 Payments to Independent Consultant

All fees, costs, charges and expenses payable to the Independent Consultant in

accordance with the terms of its appointment (collectively "the Remuneration") shall

be shared and borne by both the Parties i.e. Concessionaire and the NDMC equally.

NDMC shall pay the Independent Consultant, the Remuneration to IC within 15 days of

receiving an invoice from Independent Consultant; however, it shall recover half the

remuneration amount paid to IC from the monthly bills of Concessionaire.

5.3 Replacement of the Independent Consultant

A. The Parties may replace the Independent Consultant for the time being in any of the following circumstances by giving a 30 day written notice:

i. If NDMC or the Concessionaire has reason to believe that the Independent

Consultant has not discharged its duties in a fair, appropriate and diligent

manner;

ii. if the Parties decide not to renew the term of the Independent Consultant;

iii. if, in accordance with the terms of its appointment the Independent

Consultant resigns or notifies its intention not to continue as the

Independent Consultant;

iv. Any other circumstance which in the opinion of the Parties warrants

replacement of the Independent Consultant.

B. Subject to the attendant circumstances and unless the Parties otherwise agree,

the procedure laid down in Article 5.3 shall, as far as possible, be adhered to for

replacement of the Independent Consultant, and the replacement shall be so

effected as to maintain continuity in the supervision and monitoring of the

Construction Requirements and O&M Requirements.

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5.4 Special Condition

No Person appointed as Independent Consultant shall during his tenure of

appointment as Independent Consultant, be appointed in any capacity outside this

Agreement, either by NDMC or by the Concessionaire

5.5 Role of the Independent Consultant

The Independent Consultant is to play a positive and independent role in discharging its

functions, thereby facilitating the smooth implementation and operation of the Project.

Broadly, the role of the Independent Consultant shall encompass:

A. Independently review, monitor and where required by the Agreement, to

approve the design, construction, operation and maintenance of the Project

Facilities. IC has to ensure compliance of the complete contract by the

Concessionaire including but not limited to the Scope of Work at all times that is

Implementation period, Operations Plan, Design Requirements, Construction

Requirements and O&M Requirements,

B. Verification and oversee fitness of all transport and loading vehicles to meet all

the Rules/Standards (MSW Rules 2000, and other related laws and rules).

C. Verification and random checks of weighment and Testing of the MSW at the

Processing and Landfill Site.

D. Report to the Parties on the various physical, technical and financial aspects of

the Project based on inspections, site visits and Tests,

E. Assist the Parties in arriving at an amicable settlement of disputes, should the

need arise, and

F. Review matters related to safety and environment management measures

adopted by the Concessionaire for the Project.

G. In case of any non-compliance of the Concession agreement by the

Concessionaire inform NDMC in writing and suggest due course of action

including but not limited to imposing penalties, issue of preliminary termination

notice, the final termination notice etc.. In case of any non-compliance IC shall

also help/draft notices for the Concessionaire

5.6 Scope of Services of the Independent Consultant

The services to be provided by the Independent Consultant in accordance with the

applicable provisions of this Agreement are specified in this section.

5.6.1 Obligations during Implementation Period

The Independent Consultant would monitor, in accordance with Good Industry

Practice, the progress in implementation period and shall ensure compliance with the

Construction Requirements. For this purpose the Independent Consultant shall

undertake, interalia, the following activities and where appropriate make suitable

suggestions:

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(a) Provide administration of the contract in full and in complete

accordance with applicable laws;

(b) Act on the NDMC’s behalf as the NDMC’s representative regarding all

contact with the Concessionaire unless expressly indicated otherwise;

(c) Maintain assets register in respect of all the project facilities being

handed over to Concessionaire from NDMC. Details of all the assets must

be recorded in this register. The asset register should be comprehensive

and all the possible details shall be recorded. The Asset register must be

completed before issue of COD by making entries of upgraded facilities,

movable or immovable, by the Concessionaire. The Asset register will be

used while handback of project facilities from the Concessionaire at the

completion of the project or at the time of termination.

(d) Designate tests on materials and/or equipment;

(e) Review and approve test results and materials and/or equipment used in

the Construction Works;

(f) Interpret the requirements of the contract and make decisions regarding

performance of the Concessionaire. The IC shall inform and advise the

NDMC, in a timely manner all matters relating to the execution,

progress, and completeness of the Construction Works;

(g) Reject work which fails to comply with the specifications and

requirements of the Agreement. Whenever considered necessary or

advisable to ensure correction of defective work, the IC may require

inspection or testing of such work, whether or not such work be then

fabricated, installed, or completed;

(h) Review, approve or disapprove drawings, samples, and other

submissions of the Concessionaire to determine compliance and

conformance with the requirements of the Agreement;

(i) Provide the services of a full time resident project representative during

the period commencing from 7 (seven) days from the date of

appointment of the PE until the expiry of the IC’s appointment;

(j) Provide the services of experts to check the quality of materials and the

workmanship during the installation/construction of the Waste Transfer

Facility, Workshop facility, Vehicle Parking Facility, remodeling of Waste

Storage Depots including the following:

(i) drainage system;

(ii) leachate collection and treatment system;

(iii) water supply system;

(iv) Waste Segregation mechanism i/c magnetic separator, air

separator etc;

(v) quality control laboratory and associated equipment;

(vi) Electrical and lightening systems at all the above facilities.

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(k) Address issues relating to specific site conditions, design modifications,

or Concessionaire disputes.

The IC shall prepare and submit to NDMC, Fortnightly Progress Reports containing the following:

(a) Daily progress sheets of works;

(b) Slippages (delays), if any, in the construction vis-à-vis planned

construction schedule and the reasons thereof;

(c) Construction schedule for the succeeding week;

(i) Report on Tests

(ii) Report on notices issued

(d) Issues, if any, with regard to the works along with the details of the

action taken for the resolution of the same;

(e) Photographic/Video record of progress of works over the previous week.

The IC shall provide all other services as normally provided by an architect-

engineer.

5.6.2 Obligations during Active Operations Period

During this period the Independent Consultant would monitor, in accordance with

Good Industry Practice, the operations and maintenance activities undertaken by the

Concessionaire so as to ensure compliance with the O&M Requirements. The specific

activities to be undertaken would include but not limited to the following:

(a) Provide administration of the contract in full and in complete

accordance with applicable laws;

(b) Act on the NDMC’s behalf as the NDMC’s representative regarding all

contact with the Concessionaire unless expressly indicated otherwise;

(c) Designate tests on materials and/or equipment;

(d) Review and approve test results and materials and/or equipment used;

(e) Interpret the requirements of the contract and make decisions regarding

performance of the Concessionaire. The IC shall inform and advise the

NDMC, in a timely manner all matters relating to the execution,

progress, and completeness of works;

(f) Reject work which fails to comply with the specifications and

requirements of the Agreement. Whenever considered necessary or

advisable to ensure correction of defective work, the IC may require

inspection or testing of such work, whether or not such work be then

fabricated, installed, or completed;

(g) Review, approve or disapprove drawings, samples, and other

submissions of the Concessionaire to determine compliance and

conformance with the requirements of the Agreement;

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(h) Provide the services of a full time resident project representative during

the period commencing from 7 seven days from the date of

appointment of the IC until the expiry of the IC’s appointment;

(i) In addition to the daily responsibilities, conduct a comprehensive

inspection of the Project Facilities at least once a month and as and

when exigencies require to ascertain conformity with Construction

Requirements and O&M Requirements;

(j) Provide the services of experts to check the quality of materials and the

workmanship during the construction of the facilities during the

operation and maintenance phase of the project.

(k) Inspect and certify the quality and quantity of Municipal Solid Waste

collected by Concessionaire.

(l) Review the O&M Plans submitted by the Concessionaire from time to

time and assists the Concessionaire in finalizing the same. The

Independent Consultant shall also consult NDMC prior to finalization of

the O&M Plans;

(m) Periodically review the O&M Manual for adequacy;

(n) Monitor Operation and Maintenance activities (including maintenance of

Project Facilities and equipment, standards of service, safety and

environmental issues) and the overall quality of O&M activities so as to

ensure compliance by the Concessionaire with the O&M Requirements,

O&M Plan and O&M Manual;

(o) Review and ascertain the cost variation arising as a result of Change in

Law and determine the Additional Cost;

(p) Undertake a quarterly review of the various records and registers to be

maintained by the Concessionaire and suggest suitable remedial

measures/ procedures, where necessary.

(q) Submit Daily Inspection Report

(r) Submit Daily Penalty Report for all the concessionaire’s activities

(s) Submit Consolidated Monthly Inspection Report

(t) Submit Consolidated Monthly Penalty Report for all the concessionaire’s

activities

(u) Monitoring at designated Processing and Landfill Site: The Independent

Consultant’s prime responsibility would be to monitor the operations at the

weighbridge and waste inspection area at the processing and Landfill Site. For

this purpose the Independent Consultant shall undertake, inter alia, the

following activities:

a) Verification of the weighment;

b) Verification of the Testing of the MSW.

c) Verification of the records generated at the weighbridge and Waste

Inspection Area.

d) Issue “Notice to Remedy” in event of observing non-compliance to O&M

Requirements;

e) If during the course or upon review/inspection undertaken by the

Independent Consultant or otherwise, it transpires that either of the Parties is

40

in breach/default of any of its obligations under the Agreement, the

Independent Consultant shall, under intimation to both the Parties, require the

defaulting Party to remedy such breach/default within stipulated time as per

agreement or such time and in such manner as the Independent Consultant

may deem fit and in each case the same shall be recorded.

5.7 Meetings of IC

The IC shall organize and attend regular meetings (“Project Review Meetings” or

“PRMs”) with the NDMC and the Concessionaire, to be held at least once in

every month during the Active Operations Period to report on progress and

quality of work performed by the Concessionaire and to discuss problems or

other pertinent matters relating to the work.

The Independent Consultant would be required to participate in the Project

review meetings held from time to time by the Parties, which are ordinarily

expected to be held once a month during the Implementation Period and during

the Operations Period as also to participate in emergency or extra-ordinary

meetings of the Parties held to deal with any Emergency, Force Majeure Event

or other exigencies.

The IC shall take notes at the meetings and provide a copy of the PRM minutes

to each person who attended the meeting.

The IC shall prepare and submit to NDMC, Monthly Project Reports including

the following:

(a) Report on Tests supported by photographs and videos as required;

(b) Report on notices issued

(c) Issues, if any, with regard to the works along with the details of the

action taken for the resolution of the same;

(f) Photographic record of progress of works over the previous week.

5.8 Conducting Random Inspections

The Independent Consultant shall conduct random inspections of the Project Facilities

as well as the operations as follows:

a) The random inspections may be carried out by visual assessment

with careful observation of the specific object/item for identification

and for quantification of the deficiencies or damages of the Project

Facilities and operation and maintenance of the Project Facilities. For

this purpose the Independent Consultant can use photographs with

time and place record.

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b) Identify hot spot locations and make strategy in consultation with

Concessionaire and NDMC to resolve/ control the menace at these

locations effectively.

c) During the random inspections, the Independent Consultant would

monitor, in accordance with Good Industry Practice, the operations

and maintenance activities undertaken by the Concessionaire so as

to ensure compliance with the O&M Requirements;

c) Issue “Notice to Remedy/Termination” in the event of non-

compliance to O&M Requirements and recording the same.

d) Record and report to the NDMC on the incidents of Material Breach

or Persistent Breach of O&M Requirements;

5.9 Frequency of inspection of Project Facilities

The Independent Consultant shall undertake inspection of the Project Facilities, Facility

Site and Workshop Site in such frequency and sample selection as mentioned in the

table below:

S.

No

Project Facilities Frequency of

inspection

Sample selection requirement

1. Facility Site Continuous

Monitoring

Check every vehicle for its weight,

Cover, vehicle cleanliness,

employees dress, contents of the

material brought etc.)

2. Waste Storage

Depots

Daily (100%) To check all the WSDs daily. To

identify hot spot locations and carry

out their inspections at least twice

or as per requirement.

3. Waste Transfer

Station

Daily To check the Waste Transfer

Station.

4. Workshop Site At least once a

Month

Check for the facilities available at

the site like washing arrangement,

parking sheds, and repair sheds,

vehicle control room etc.)

5. Transport and

Loading Vehicles

At least once a

Month

A minimum sample of 1/6 of each

category of vehicles deployed in the

Concession Area. (Comprehensive

check for painting of vehicles, its

emission controls)

There should not be repetition of

the same set of vehicles in the next

round of inspection. (All the

42

vehicles/ equipments/ machinery

must be inspected comprehensively

for all the checks at least once

every six months)

6. Complaint

Redressal Cell/IT

Cell

At least twice a

week

Check all the complaints and see

their redressal / action.

7. GPS Monitoring

System of the

Concessionaire

At least once a

week

Ensure it ’s working and meeting

the O&M requirement (Check to be

made on all the vehicles in every

inspection).

8. To check Bi-annual

review report of

fleet requirement

and its

implementation.

Bi-annual Shall coordinate with

Concessionaire for its timely

submission and implementation.

Propose penalties for non-

compliance as per Schedule of

Penalties.


review report of

staff requirement

and its

implementation.

Bi-annual Shall coordinate with

Concessionaire for its timely

submission and implementation.

Propose penalties for non-

compliance as per Schedule of

Penalties.


maintenance of

WSDs.

Bi-annual

11. To check annual

maintenance of

workshops/ parking

sites.

Annual

IC will be required to prepare daily reports in respect of waste collected and

transported by the Concessionaire. IC will also prepare daily Penalty statements

based on the incidents of non-compliance by the Concessionaire in respect of all the

items as mentioned in the Schedule of Penalties of the Concession Agreement.

IC will also compile monthly reports in respect of all the project activities concerning

the Project. The monthly reports shall highlight all the activities performed by the

Concessionaire, including non-compliances. IC will also prepare monthly tipping fee

statement and penalty statement based on the incidents of non-compliance by the

Concessionaire in respect of all the items as mentioned in the Schedule of Penalties of

the Concession Agreement.

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NDMC officials/public representatives may inspect the Concession area and may send

their inspection reports for incorporation in the daily reports of the IC to the IC. If the

inspection reports made by NDMC officials/public representatives could not be

incorporated in the daily inspection report of the IC, for a particular day due to some

reasons, the same shall be reflected in the monthly reports. Any action/ penalties

based on such inspection reports must be imposed as per the Schedule of Penalties

for any non-compliances and the same will be adjusted/deducted from the monthly

bill.

5.10 Hand back and Transfer of Project Facilities to NDMC

At the time of hand back and transfer of the Project Facilities to NDMC at the end of

Concession Period, the Independent Consultant shall:

a) Monitor the compliance with the Hand back and Transfer Requirements as

provided in Article 4 of this Agreement and

b) Issue a certificate of compliance on satisfactory completion of Hand back and

Transfer Requirements by the bidder.

5.11 Maintenance of Records

a) The Independent Consultant would be required to keep record of all the

inspections, monitoring during the implementation, operation and

maintenance phase and hand back phase. All his records may be subjected

to scrutiny without any prior notice.

b. The Independent Consultant shall maintain record of the activities

undertaken by it in discharge of its functions and responsibilities. The

reports shall be supported with the photographs/video recordings. This

would include records in respect of the following:

(a) Manpower deployed and other organizational arrangements of

the Independent Consultant;

(b) Inspections undertaken and notices/instructions issued to the

bidder;

(c) Review compliance by the bidder with the Agreement;

(d) Force Majeure Events;

(e) Material and Persistent Breach of O&M Requirements and Events

of Default by the Parties; and

(f) Compliance by the bidder with Hand back and Transfer

Requirements

The Independent Consultant would be required to verify/issue the following

reports to the Parties:

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Period/Event Verification Applicable report to be

issued by the

Independent Consultant

1. Implementation

Period

Review monthly progress

report submitted by the

Concessionaire

Issue “Notice to Remedy/

Termination” in event of

non-compliance by the

Concessionaire

Issue Readiness

Certificate

Submit reports to

NDMC.

2.Monitoring at

Weighbridge

Verify weighment slip

Verify monthly Tipping Fee

Statement

Daily Weighment

Report

Consolidated Monthly

Weighment Report

3. Monitoring at

Waste Inspection Area

Verify recording of

Inspection results

Verify monthly Tipping Fee

Statement and penalties (if

applicable)

Daily Inspection

Report

Daily Penalty Report

for all the

concessionaire’s

activities


Inspection Report


Penalty Report for all

the concessionaire’s

activities

4. Random Inspections

of Project facilities

Advise NDMC on penalties

to be imposed on

Concessionaire

Monthly Inspection

Report

5. Awareness

Campaign

Verify the awareness

campaign carried out by the

Concessionaire

Monthly Inspection

Report

6. Force Majeure/

Material and

Persistent Breach of

O&M

Requirements/Events

Issue “Notice to

Remedy/Termination” in

event on non-compliance

Record Events of Default,

45

of Default. Material/Persistent Breach of

O&M Requirements, Force

Majeure Events.

7. Hand back and

Transfer of Project

Facilities

Specify list of works/jobs to

be carried out by the

Concessionaire.

Specify list of items to be

handed back and

transferred back to NDMC

by the Concessionaire.

Verify compliance by the

Concessionaire with Hand

back and Transfer

Requirements

Issue of compliance

certificate of Hand

back and Transfer

Requirements

5.12 Material and Persistent Breach of O&M Requirements

The Independent Consultant shall monitor the performance of the

Concessionaire and report on incidence of material and persistent breach of

O&M requirements with reference to the compliance and tolerance criteria

as laid out in of the O&M Requirements.

5.13 Awareness Campaign

The Independent Consultant shall review the Awareness Campaign

programme conducted by the bidder.

5.14 General Obligations

The Independent Consultant shall carry out such other functions as may be

specifically assigned to it under the agreement including certification of

adequacy of insurance and verification of termination payments

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ARTICLE 6

6 CONCESSIONAIRE’S OBLIGATIONS

In addition to and not in derogation or substitution of any of its other

obligations under this Agreement, the Concessionaire shall have the

following obligations:

6.1 Performance Security The Concessionaire shall deliver to the NDMC, a Performance Security for

due and punctual performance of its obligations, in the form of a Pay Order/

Demand Draft/ or Bank Guarantee for a sum of Rs. 30,000,000 (Rupees

Thirty Million Only) payable at Delhi, in favour of Commissioner, North Delhi

Municipal Corporation; valid for entire Concession Period. In addition to the

Performance Security furnished by the Successful Bidder, a security money

@ 2.5% of the bill amount will be deducted from the Concessionaire’s

running bills till a cumulative amount of Rs. 70,000,000/- (Rs. Seventy Million

only) including the performance guarantee of Rs. 30,000,000/- (Rs. Thirty

Million) is retained. The performance bank guarantee including the security

money (Rs. 70,000,000/-) will be released to the Concessionaire after the

successful completion of the Project.

Provided that if the Agreement is terminated due to any event other than a

Concessionaire Event of Default, the Performance Security if subsisting as of

the Termination Date shall, subject to NDMC’s right to receive amounts, if

any, due from the Concessionaire under this Agreement, be duly discharged

and released to the Concessionaire.

6.2 Financing Arrangement

The Concessionaire shall at its cost; expenses and risk make such financing

arrangements including grant or assistance from Governmental Agencies

other than NDMC, as would be necessary to implement the Project and to

meet all of its obligations under this Agreement, in a timely manner.

6.3 Operations Plan

(i) The Concessionaire shall within 15 days from the issue of letter of

intent (LoI), submit to the Independent Consultant (if already

appointed) and NDMC a plan (“the Operations Plan”) in conformity

with the O&M Requirements, Construction Requirement of Existing

Facilities and Design Requirements of New Facilities as set out in

Schedule J, Schedule B and Schedule C respectively.

(ii) Within 15 days of receipt of the Operations Plan, the Independent

Consultant (if appointed) and/or NDMC shall review the same taking

47

into account, inter-alia, comments of NDMC and IC, if any, thereon,

and convey its comments/observations to the Concessionaire on the

Operation Plan, including the need, if any, to modify the same. If the

comments/observations of the Independent Consultant/NDMC

require the Operations Plan to be modified, the Concessionaire shall

suitably modify the Operations Plan and resubmit to Independent

Consultant for further review. The Independent Consultant/NDMC

shall give its observations and comments, if any, within 15 (fifteen)

days of receipt of such revised Operations Plan, which shall be taken

into account by the Concessionaire while finalizing the Operations

Plan.

(iii) If, within the period stipulated in the preceding clause (ii), the

Independent Consultant does not respond to the Operations Plan

submitted to it by the Concessionaire, the Concessionaire shall be

entitled to proceed with the Project on the basis of such Operations

Plan submitted by it to the Independent Consultant/NDMC.

(iv) Notwithstanding any review or failure to review by the

Concessionaire or the comments/observations of the Independent

Consultant or NDMC, the Concessionaire shall be solely responsible

for the adequacy of the Operations Plan and the conformity thereof

with the O&M Requirements and shall not be relieved or absolved in

any manner whatsoever of any of its obligations hereunder.

6.4 Collection, and Transportation and Delivery of MSW

The Concessionaire shall during the Operations Period in accordance with

the O&M Requirements:

a. collect Municipal Solid Waste within the Concession Area, from the

street corner bins, open collection sites and Waste Storage Depots as

designated from time to time in accordance with Applicable Laws

and to transport and deliver waste finally to the Designated Landfill

Site and/or Waste Processing Facility and/or any other site as

directed by NDMC;

b. collect MSW into Bio-degradable Substances and Non-Biodegradable

Substances separately using such processes and methods as it may

deem expedient;

c. Transport and deliver the separately collected MSW to the

Designated Landfill Site/Processing Facility.

6.5 Project Implementation

(a) New Project Facilities

i) The Concessionaire shall procure the New Project Facilities in

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accordance with Design Requirements submitted with the tender

document and thereafter incorporating comments/observations/

improvements suggested by the NDMC.

ii) The Concessionaire shall operate and maintain the New Project

Facilities during the Operations Period in accordance with the

O&M Requirements.

(b) Construction Works

(i) Unless otherwise permitted/approved by NDMC, no Construction

Works shall begin by the concessionaire.

(ii) The Concessionaire shall adhere to the Construction

Requirements and achieve readiness certificate within

implementation period and COD on or before the Scheduled

Commercial Operation Date.

(iii) The Concessionaire shall, during the Implementation Period:

a) have requisite organization and designate and appoint

suitable officers/ representatives as it may deem appropriate

to supervise the Project, to deal with the Independent

Consultant/NDMC and to be responsible for all necessary

exchange of information required pursuant to this

Agreement;

b) Construct, provide and maintain a reasonably furnished site

office accommodation for the Independent Consultant, at the

Designated Landfill Site and/or waste processing facility. Such

site office shall have work stations including computers for

four (4) persons, heating and cooling equipment and toilet

facilities. All charges in respect of maintenance of the site

office, electricity and power charges shall be borne by the

Concessionaire.

(c) Readiness Certificate: The concessionaire shall apply to NDMC for issue

of Readiness Certificate after completing all the activities as per terms

and conditions of the agreement and giving details of all the works that

have been completed by it with proper supporting documentation to

obtain the readiness certificate within assigned implementation period.

The NDMC/IC will issue readiness certificate after verification. The

NDMC/IC will issue readiness certificate on completion of following

activities:

(i) The Concessionaire has procured all the waste collection vehicles,

compactors, loading equipments and has installed GPS system on

all the vehicles/ equipments as per terms and conditions of the

agreement.

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(ii) The concessionaire has setup Complaint Redressal Cell, GPS

Vehicle Tracking and Monitoring Cell, IT Cell (Web Site) as per

terms and conditions of the agreement.

(iii) The concessionaire has deployed all the necessary manpower for

execution, supervision and monitoring of collection and

transportation of waste, Complaint Redressal Cell, GPS Vehicle

Tracking and Monitoring Cell, IT Cell (Web Site).

(iv) The Concessionaire has obtained all approvals necessary to

Operate and Maintain vehicles, equipment, systems, installations,

infrastructure, manpower, provide services of MSW Collection,

Transfer, and its Transportation to a designated Landfill and/or

MSW Processing Facility, on a long-term Design, Procure, Build,

Operate, Maintain and Transfer (DPBOMT) basis as per MSW

(M&H) Rules 2000 (amended till to date); in the Concession

Area/Zone of North Delhi Municipal Corporation;

(v) The concessionaire is ready to organize public awareness

programme /campaign, as defined in the scope of work.

(d) It shall be noted that the Concessionaire shall start waste collection and

transportation in a phased manner in Concession area in commensuration

with the existing project facilities handed over to him and the fleet of

vehicles acquired by him. But, in any case, Concessionaire has to take over

all the project facilities within implementation period and start waste

collection and transportation from all the Concession area within

implementation period and obtain ‘Readiness Certifiicate’.

(e) If the Concessionaire fails to commence the work (obtain readiness

certificate), even after the expiry of the prescribed Implementation Period,

penalty @ Rs. 4,00,000 per day will be charged. The implementation period

may be extended for a period of maximum 2 months by imposing a penalty

@ Rs. 4,00,000 per day. If the Concessionaire fails obtain readiness

certificate with in extended period, performance security i/c retention money

shall be forfeited by NDMC absolutely, in full and work will be taken up by

the NDMC at the risk and cost of Concessionaire.

(f) The Concessionaire shall carry out all necessary and periodical Tests under

the supervision of the Independent Consultant/NDMC, for the purposes of

determining that the New Project Facilities and Construction Works

respectively are being undertaken in accordance with the Design

Requirements and Construction Requirements respectively. The

Concessionaire shall maintain proper record of such Tests and the remedial

measures taken to cure the defects or deficiencies, if any, indicated by the

Test results.

(g) The Independent Consultant/NDMC may, by written notice, require the

Concessionaire to suspend forthwith the whole or any part of the

procurement of the New Project Facilities or Construction Works, if in its

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reasonable opinion the same is being carried on in a manner that is not in

conformity with the Design Requirements or Construction Requirements

respectively.

(h) If the Tests are successful and the Project Facilities can be safely and reliably

opened for operation, the Concessionaire shall submit application for issue

of COD giving details of all the works completed by it with proper

documentation; thereafter the Independent Consultant /NDMC after

verification shall issue COD. The Concessionaire shall obtain COD within six

months of issue of readiness certificate.

(i) The Project shall be considered to be completely operational only when the

COD is issued by the Independent Consultant/ NDMC in accordance with the

provisions hereof.

(j) COD will be issued by the NDMC/ Independent Consultant only when all the

dhalaos has been constructed/ remodeled/ renovated/ upgraded as per

plan and has been converted to modern waste storage depots, transfer

station/ work shop/ parking sites with all the requisite installations have

been developed/ constructed/ upgraded as per plan and required street

corner bins in the concession area have been installed.

(k) If COD is delayed beyond allocated six months period after issue of

Readiness Certificate a penalty @ Rs. 4,00,000/- (Four Lac) per day will be

charged.

(l) Provided if COD is delayed beyond four months of the Scheduled

Construction Period, NDMC shall be entitled to terminate this Agreement

and to appropriate the Performance Security i/c retention money.

6.6 Operation and Maintenance

The Concessionaire shall undertake the Project in accordance with the O&M

Requirements.

(a) The Bidder/ Contractor shall note that sub contracts are not allowed

under this contract awarded to the bidder, the contractor may

obtain support for maintenance services for vehicles etc. from

outside (the work shop shall be set up by the bidder), authorized

agencies of the manufacturer or other reputed agencies for the

work. Concessionaire for execution of any particular activity in a

special case may take the services of a Contractor (only after

obtaining approval in writing from NDMC) possessing requisite

technical, financial and managerial expertise/capability; but in either

case, the Concessionaire shall remain solely responsible to meet the

O&M Requirements.

(b) Assignment and Subletting: The contractor shall not enter into

partnership or sublet, transfer, assign the work or any part thereof in

any manner whatsoever to any other individual or company/ firm. In

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the event of the contractor/s contravening this condition, the

Commissioner shall be entitled to terminate the contract. The

contractor shall then be liable to pay for any loss or damage, which

NDMC may sustain in consequence arising there from.

(c) The successful bidder / contractor shall not, without NDMC’s prior

written permission disclose the contract or any provision there of or

information furnished by or on behalf of the NDMC in connection

therewith, to any person other than a person employed or their

consultants appointed by the contractor in performance of the

contract.

(d) Disclosure to any such employed person/ consultants shall be made

in confidence and shall extend only so far as may be necessary for

purposes of such performance.

(e) The contractor shall not without the NDMC’s prior written

permission, make use of any document or information enumerated

except for purpose of performing the contract.

(f) A copy of the operational documents including performance reports

generated during the contract shall be handed over to the Municipal

Corporation of Delhi and shall not be parted to any outsider even on

completion of the contract.

(g) Supervision, inspection and control:

The Commissioner shall appoint an Independent Consultant for

inspection of daily performance and supervision of the contract

work. The Independent Consultant may be a reputed person being a

firm, company or a body corporate appointed for supervising and

monitoring compliance by the concessionaire with the design

requirements, construction requirements and O&M requirements,

more particularly to undertake, perform, and carry out the duties,

responsibilities, services and activities

Such Independent Consultant shall have inspection of the work and

give guidance, instruction and convey view points within the frame

work of stipulated terms & conditions for better performance or

corrective action for the work of Collection, Transfer &

Transportation of Municipal Solid Waste, carried on by the

Contractor with a view to ensure that the work is carried out

smoothly and efficiently as stipulated in the contract and without

any inconvenience to the citizens.

The Contractor shall, promptly comply with the deficit in

requirement conveyed and instructions given by the Independent

Consultant /Commissioner from time to time in this regard.

Supervisor so provided shall measure the performance daily in

prescribe formats for purpose of ascertaining work completion in a

desired manner and making payment on this basis.

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If the Commissioner’s representative does not remain present for

carrying out inspection after the work completion, the work

completion and performance measured by the Independent

Consultant shall be accepted by the representative of the

Commissioner for the purpose of releasing payment for the work.

(h) The Concessionaire shall, during the Operations Period;

I. have requisite organization and designate and appoint suitable

officers/representatives as it may deem appropriate to

supervise the Project, to deal with the Independent

Consultant/NDMC and to be responsible for all necessary

exchange of information required pursuant to this Agreement;

II. provide and maintain a reasonably furnished site office

accommodation for the Independent Consultant/NDMC, at

the designated Landfill Site and/or the waste processing

facility as the case may be. Such site office shall have work

stations including computers for four (4) persons, heating and

cooling equipment and toilet facilities. All charges in respect of

maintenance of the site office, i/c electricity and power

charges shall be borne by the Concessionaire.

III. All Tests shall be conducted to ascertain compliance by the

Concessionaire with the Operations Plan and the O&M

Requirements.

IV. The Independent Consultant/NDMC may, by written notice,

require the Concessionaire to suspend forthwith the whole or

any part of the operation of the Project, if in its reasonable

opinion the same is being carried on in a manner that is not in

conformity with the O&M Requirements.

(i) In the event the Concessionaire has failed to operate and maintain

the Project in accordance with the O&M Requirements, and such

failure has not been remedied despite a notice to that effect issued

by the Independent Consultant or NDMC (“Notice to Remedy”),

NDMC may, without prejudice to any of its other rights/remedies

under this Agreement, be entitled to operate and maintain the

Project or cause to repair and maintain the Project Facilities at the

risk and cost of the Concessionaire. The Concessionaire shall

reimburse all costs incurred by NDMC on account of such operation

and maintenance or repair and maintenance within 7 days of receipt

of NDMC’s claim thereafter.

(j) The Concessionaire shall be deemed to be in material breach of O&M

Requirements, if the Independent Consultant/NDMC acting reasonably and

in accordance with the provisions of this Agreement, has determined that

53

due to breach of its obligations by the Concessionaire:

(i) there has been failure/undue delay in carrying out

scheduled/planned maintenance or the scheduled/planned

maintenance has not been carried out in accordance with

the O&M Requirements;

(ii) The maintenance of the Project Facilities or any part thereof

has deteriorated to a level which is below the acceptance

level prescribed by the O&M Requirements;

(iii) There has been a serious or persistent let up in adhering to

the O&M Requirements and thereby the Project Facilities or

any part thereof is not safe for operations;

(iv) There has been persistent breach of O&M Requirements.

(k) For avoidance of doubt, persistent breach shall mean:

(i) any breach of O&M Requirements by the Concessionaire

which has not been remedied by the Concessionaire despite

a Notice to Remedy in respect thereof issued by the

Independent Consultant/NDMC;

(ii) recurrence of a breach by the Concessionaire, during the

pendency of Notice to Remedy by the Independent

Consultant/NDMC, requiring the Concessionaire to remedy a

breach, and

(iii) Repeated occurrences of a breach notwithstanding that

earlier breach have been remedied pursuant to Notice to

Remedy or otherwise.

(l) Upon occurrence of a material breach of O&M Requirements, NDMC shall,

without prejudice to and notwithstanding any other consequences

provided therefore under this Agreement, depending upon the nature of

the obligation in respect of which a material breach has occurred, be

entitled to either levy a penalty and thereafter terminate this Agreement, if

such breach takes place for three consecutive times or in respect of breach

of obligations by the Concessionaire which are of a more serious nature,

immediately terminate this Agreement. The details of each of the

obligations pertaining to O&M Requirements and relative penalties are set

in Schedule of Penalties, Annexure 1.

6.7 Insurance

The Concessionaire shall at its cost and expense, purchase and maintain by

due re-instatement or otherwise, during the Concession Period all

insurances in respect of the Project Facilities in accordance with the Good

Industry Practice and have the same duly certified by the Independent

Consultant/NDMC. The Concessionaire shall maintain a register of entry in

54

order of premiums paid towards the Project Facilities and proof of payments

made shall be submitted to NDMC whenever requested for.

6.8 Application of Insurance Proceeds

Subject to the provisions of the Financing Documents and unless otherwise

provided herein, the proceeds of all insurance policies received shall be

promptly applied by the Concessionaire towards repair, renovation,

restoration or re-instatement of the Project Facilities or any part thereof

which may have been damaged or destroyed. The Concessionaire may

designate the Lenders as the loss payees under the insurance policies or

assign the insurance policies in their favor as security for the financial

assistance provided by them to the Project. The Concessionaire shall carry

out such repair, renovation, restoration or re-instatement to the extent

possible in such manner that the Project Facilities after such repair,

renovation, restoration or re-instatement be as far as possible in the same

condition as it were prior to such damage or destruction, normal wear and

tear excepted.

6.9 Un-insurable Risks

If during the Concession Period, any risk which has been previously insured

becomes un-insurable due to the fact that the insurers have ceased to

insure such a risk and therefore insurance cannot be maintained/re-instated

in respect of such risk, the Concessionaire shall not be deemed to be in

breach of its obligations regarding insurance under this Agreement.

6.10 Environmental Compliance

The Concessionaire shall, at all times, ensure that all aspects of the Project

and the processes employed in the construction, operation and

maintenance of the Project Facilities shall conform to the laws pertaining to

environment, health and safety aspects including rules such as MSW Rules

(as updated from time to time), policies and guidelines related thereto. The

Concessionaire shall obtain and maintain from time to time necessary

clearances from all Government Agencies and for this purpose shall carry

out the necessary environmental impact assessment studies and implement

appropriate environment management plans.

The concessionaire should adhere to the flowing laws, rules, regulations and

all Government of India (G.O.I) Rules, Regulations and Directives present,

amended, updated and added during the work period applicable to the

Project/ Work of the components covered;

a. MSW Rules, 2000 of MoEF, GOI under EPA, 1986 (as amended

55

from time to time.

b. Recommendations of the Committee constituted by the Hon.

Supreme Court, in 1999.

c. Plastic Waste Rules

d. Hazardous Waste Rules

e. Bio Medical Waste Rules

f. e-Waste Rules

g. Rules under Environmental, health and Safety Aspects

h. Other Environmental Pollution Control laws, rules and directives

i. Environmental Emission laws

j. Motor vehicle Act and Vehicles Emission Control

k. Labour Laws – Minimum wages, Contract labour Abolition and

Regulation

l. Good Industry Practice

m. Directives on SWM services in the Act for MCD, Governing the Civic

services

n. Any other norms prescribed by the authorities who are applicable from

time to time for the project/ work in this tender.

6.11 Land Use

The Concessionaire shall ensure optimum utilization of the Facility Site and

Workshop Site and shall not use the same for any purpose unconnected or

which is not incidental to the Project or related activities.

6.12 Maintenance of Records

The Concessionaire shall maintain records of all the works carried out by it

during the construction and operation & maintenance period. Also it shall

maintain record of the quantum (measured in tons) of Bio-degradable

Substance, Non-Bio-degradable Substance/Recyclables deposited at the

designated Landfill Site and/or waste processing site or sold to private party,

duly countersigned by the Independent Consultant and provide daily,

monthly, quarterly and annual reports of the same to the Independent

Consultant and NDMC in the format as decided by the IC and/ or NDMC.

The concessionaire shall be responsible for maintaining and up keeping of all

the records related to the project for the whole concession period. For this

he should keep backup of all the records and shall be produced to the

NDMC/IC as and when asked for.

6.13 Weighment of MSW

The Concessionaire shall, weigh the Bio-degradable Substance and Non

Biodegradable Substance at the weigh bridge of the designated Landfill Site

and/or processing facility. Based on the weighment slips issued from the

56

designated facilities and after their due verification by the IC and the issuing

facility the bills of the Concessionaire shall be processed.

The Concessionaire shall be free to sell or otherwise dispose of Recyclable

Substances from the Municipal Solid Waste at such price and to such

Persons and using such marketing and selling arrangements and strategies

as it may deem appropriate. However, the tipping fee will be paid only for

the waste weighed at the waste disposal facility. Concessionaire shall keep

record of the recyclable material sold to the private parties and submit a

report of the same to NDMC/IC, as stated in Article 6.12, for helping them to

formulate policies.

6.14 Shareholding

The Concessionaire shall ensure that if it is a consortium then :

(a) Lead Member M/s ____________________shall hold more than

51% of equity capital in the Consortium in the Project at all times

during the Concession Period.

(b) If consortium consists of two members then the other member

M/s__________________ should hold minimum 26% of equity

capital in the consortium for a minimum period of 5 years, after the

Commercial Operation date (COD).

(c) If consortium consists of three members then the other members

namely M/s__________________ and M/s__________________

should hold minimum 15% of equity capital in the consortium for a

minimum period of 5 years, after the Commercial Operation date

(COD).

6.15 Applicable Permits

The Concessionaire shall in respect of the Project, procure the Applicable

Permits and be in compliance thereof at all times during the Concession

Period.

6.16 Vehicle Tracking and Monitoring System

The Concessionaire at its cost shall provide and install/ maintain the Vehicle

Tracking and Monitoring System in the vehicles used by him/her for

collection and transportation of MSW and Loading of Waste.

The concessionaire shall also be responsible to setup a Vehicle Tracking and

Monitoring Cell for optimization of Vehicles and their route plans. A terminal

of the same shall be provided to NDMC and IC for their monitoring. The

NDMC/ I.C. may at their discretion, visit the Vehicle Tracking and Monitoring

Station maintained by Concessionaire and may demand the information

57

regarding any or all the vehicles deployed by the concessionaire. The

Concessionaire shall maintain and keep the GPS record in soft copy and shall

keep backup of all the records. The records shall be produced to the

NDMC/IC as and when asked for.

6.17 Management of Labour and Prevention of Events of Accidents

Labour

a) The bidder shall comply with all the provisions of the laws regarding deployment of

labour under the contract including but not limited to; The Abolition of Contract Labour

Act, The Minimum Wages Act, The Workmen’s Compensation Act and the provisions of

the MSW (M&H) Rules 2000.

b) It shall be the liability and responsibility of the contractor to implement the

provisions of these acts.

In addition

• The bidder shall not employ in connection with the work any person who has not

completed 18 years of age.

• The bidder shall furnish to the Commissioner; information on the various categories

of labour employed by him and the facilities given to the employees in the form

prescribed for the purpose at such intervals as may be specified in the work

specification.

• The bidder shall keep all records desired under the said labour laws and submit

periodical returns to the respective statutory authorities.

• The bidder shall in respect of labour employed by him comply with provisions of the

various labour Laws and the Rules and Regulations as applicable to them in regards to

matters provided therein and shall indemnify NDMC in respect of all claims that may be

raised against NDMC for non-compliance thereof by the contractor.

• The bidder shall obtain the license in accordance with the rules and provisions of

contract Labour (regulation and abolition) Act, 1970 and adhered to all terms and

conditions stipulated therein.

• The bidder shall pay their worker - supervisor, labourer, drivers etc as per the

minimum wages act in force and amended from time to time.

• The Concessionaire or their authorized representative shall on the written directions

of the Commissioner or authorized officer of NDMC, immediately take disciplinary

action for default or non performance.

• In the event of the bidder committing a default or breach of any provision of the

above labour laws and Regulations as applicable, and pointed out by the statutory

authority, the bidder shall without prejudice to any other liabilities under the Act pay to

NDMC, a sum not exceeding Rs. 5000/- per day for each default till it is redressed.

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Notwithstanding anything contained herein, the Commissioner, may take such action as

may be necessary for compliance of the various labour laws for this contract and to

recover the actual cost incurred by the corporation thereof from the bidder if the

bidder is the defaulter.

Note:

1. This is made clear that the concessionaire shall arrange/engage necessary T&P,

vehicles [all type] /manpower [in required number] for successful implementation of

the project. Therefore, he/she shall exclusively be responsible for all accidents [any

sort] occurred during collection, transportation, transfer of MSW. The concessionaire

shall also be responsible for implementation of all labour related laws. The

concessionaire shall indemnify the NDMC in respect of both i.e. accident as well as

labour laws.

6.18 The work coverage - Public Awareness

The Concessionaire shall organize and conduct public awareness programs for ensuring

segregation/separate collection of waste at/from source. One percent of tipping fees;

payable to the bidder shall go to Escrow account and this fund shall be utilized by the

bidder for organizing and conducting public awareness programs. The concessionaire

will submit one month in advance schedule of activities of the awareness program

planned for next month. The schedule of activities will be reviewed/ approved by the

IC/NDMC before implementation. The bidder shall engage a firm of international

repute for implementing the awareness programme. Independent Consultant will

supervise this activity during the entire concession period.

a) It is necessary to organize the public awareness programme in the Concession

Area targeting group wise; in consultation with NDMC,

b) The programme shall be organized on an average 15 days in the work area,

target group wise. Target group stake holders; councillors, housing societies,

NGO groups, house wives, shop keepers, school children, hawkers, construction

agencies citizens etc. should be invited group by group.

c) The literature, posters and other reading material desired for the programme

shall be prepared and distributed.

d) More cycles shall be repeated by organizing meetings of the local stake holders

ward wise or group of wards wise in subsequent months for the next four to five

months. This round shall be completed within the period by which the regular

project / work starts on daily basis.

e) As explained earlier the Public awareness should encompass all the aspects of

the compliances under the Rules. Major items shall be

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Separate collection of biodegradable and recyclable waste at source for

all the generators,

Public participation in prevention of littering & prevention of deposition

of garbage, debris and other households in drains and on public roads

and places,

Encouragement in use of litter bins and keeping them clean,

Encouragement of decentralized waste processing at generators end by

forming citizens groups for reducing, reusing and recycling the

biodegradable and recyclable components and hand over debris and

processing residue to the council for final disposal.

The Contractor should plan, organize and conduct the awareness

programmes and initiate citizen’s group’s formation to continue such

programmes periodically and help NDMC in monitoring the results.

The programme shall be a continuous feature with innovations in

approach as the level of response of the users / beneficiaries changes.


The Concessionaire shall at its own cost and expense:

a. investigate, study, design, procure, build, operate, maintain and

transfer the Project Facilities in accordance with the provisions

hereof;

b. comply with Applicable Law at all times during the Concession

Period;

c. endeavor to sell or otherwise dispose off all Recyclable Substances in

a manner which is not detrimental to the environment;

d. endeavor to improve the ancillary conditions and infrastructure

related to the Project, including assistance to informal recycling

workers;

e. provide uniforms and identity cards (badges) for all its employees/

Contractor’s personnel which shall be worn by such

employees/personnel while on duty (Uniform shall be designed by

Concessionaire at its cost and got approved from IC/NDMC). There

will be a penalty on the Concessionaire at the rate specified in

Schedule of Penalties, Annexure 1, if any of the worker is found not

wearing the uniform;

f. provide street corner bins at places within the Concession Area in

accordance with the Construction and O&M Requirements;

g. register vehicles used for transportation of segregated MSW with the

concerned Government Agencies and ensure that all taxes are paid

up-to-date for such vehicles. List of the vehicles used for

transportation of waste/recyclables and loading vehicles with copies

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of their RCs shall be provided to the IC/NDMC at the start of the

project. If any vehicle is removed or added the same shall be

informed to IC and NDMC along with a copy of the RC. However, new

vehicles shall be introduced only if they meet the Construction and

O&M requirements;

h. procure and maintain in full force and effect, as necessary,

appropriate proprietary rights, licenses, agreements and permissions

for materials, methods, processes and systems used in or

incorporated into the Project;

i. that he shall be liable for any liability on NDMC because of any act of

his omission or commission, non-compliance of the any terms and

conditions of the agreement or specific directions of the engineer-in-

charge in writing;

j. make efforts to maintain harmony and good industrial relations

among the personnel employed in connection with the performance

of its obligations under this Agreement and shall be solely

responsible for compliance with all labour laws and solely liable for

all possible claims from any third party and employment related

liabilities of its staff employed in relation with the Project and hereby

indemnifies NDMC against any claims, damages, expenses or losses

in this regard and that in no case and shall for no purpose shall

NDMC be treated as employer in this regard;

k. make its own arrangements for construction materials and observe

and fulfill the environmental and other requirements under the

Applicable Law and Applicable Permits;

l. be responsible for all the health, security, environment and safety

aspects of the Project at all times during the Concession Period.

m. ensure that the Project Facility Sites i/c dhalaos, dustbins, waste

transfer station(s), parking site(s) and Workshop Site(s) remain free

from all encroachments and take all steps necessary to remove

encroachments, if any;

n. upon receipt of a request thereof, afford access to the Facility Site

and Workshop Site to the authorized representatives of NDMC for

the purpose of ascertaining compliance with the terms, covenants

and conditions of this Agreement;

o. pay all Taxes, duties and outgoings, including utility charges relating

to the Project Facilities.

p. establish a standard protocol for addressing complaints in the

Concession Area from any Person to the satisfaction of the

Independent Consultant/NDMC in accordance with the O&M

Requirements.

q. upon instructions of the NDMC, hand over indicated quantities of

MSW to such persons as may be specified by NDMC,

r. conduct the Awareness Campaign in accordance with the provisions

61

of the Agreement

s. endeavor to employ the existing informal Municipal Solid Waste

collectors within the Concession Area, to carry out the work of

collection and transportation of MSW, in accordance with this

Agreement and Applicable Law.

For the purpose of this sub-clause, it is clarified that the informal

Waste Collectors shall not mean or include the “Swachta

Karmacharis” employed by NDMC or other municipal corporations.

6.20 No Breach of Obligations

The Concessionaire shall not be considered to be in breach of its obligations

under this Agreement nor shall it incur or suffer any liability if and to the

extent performance of any of its obligations under this Agreement is

affected by or on account of any of the following:

(a) Force Majeure Event, subject to Article 8.3;

(b) NDMC Event of Default;

(c) Compliance with the instructions of the Independent

Consultant/NDMC or the directions of any Government Agency

other than instructions issued as a consequence of a breach by the

Concessionaire of any of its obligations hereunder;

(d) Closure of the Project Facilities or part thereof with the approval of

the Independent Consultant/ NDMC.

6.21 General Indemnity The contractor shall indemnify, defend and held MCD harmless against any

and all proceedings, actions and, third party claims arising out of a breach by

the Contractor of any of its obligations under the Agreement. Without

limiting the generality of this Clause the Contractor shall fully indemnify,

save harmless and defend MCD including its Engineers servants, agents and

subsidiaries from and against any and all loss and damages arising out of or

with respect to (i) failure of the contractor to comply with Applicable Laws

and Applicable Permits, (ii) failure in payments of taxes relating to the

Contractor’s Contractors, suppliers and representatives income or other

taxes required to be paid by the Contractor without reimbursement

hereunder, or (iii) non-payments of amounts due as a result of materials or

services furnished to the Contractor by any person which are payable by the

Contractor or nay one claiming through the Contactor.

6.22 Advertisement

At transfer station/ workshop premises/ WSDs/ Vehicles/Bins,

advertisements and posters as per advertisement policy of the department

62

will be allowed to be placed by the concessionaires subject to depositing the

advertisement tax as per rule with the NDMC and also adjust the tipping fee

proportionate to the revenue generation to the advertisement.

Concessionaire, however, shall in a systematic manner display the WSD

unique ID no. along with the name and phone numbers of the attendants,

supervisors, zero garbage time, WSD waste capacity, Complaint Redressal

Cell phone no., e-mail ID, facebook log in details etc. on the main exposed

wall of the WSD. The information shall be mentioned in a particular format

and a font size of adequate size (preferably 3 feet x 4 feet) so that it is easily

legible while one is passing through the adjoining road. Space shall also be

provided for display of a slogan/ social message as conveyed by NDMC. The

display should be on a yellow plastic board with black color font and backlit

illumination.

The concessionaire at all the times will comply with the area restrictions and

other guidelines regarding display of advertisements with the Advertisement

Policy of MCD/NDMC. The advertisement policy of MCD/NDMC is available

on web site

http://mcdonline.gov.in/departmentdocs/OUTDOOR%20ADVERTIEMENT%2

0POLICY.pdf.

The advertisements shall never protrude above the roof height of the WSD

or wall height of the facility. Advertisements shall never protrude beyond

the walls of WSD. No balloons or other such advertisements shall be

permitted.



63

ARTICLE 7

7 NDMC’s OBLIGATIONS

In addition to and not in derogation or substitution of any of its other

obligations under this Agreement, NDMC shall have the following

obligations:

7.1 Specific Obligations

NORTH DELHI MUNICIPAL CORPORATION shall provide:

a) The barest minimum Land in the Concession Area to develop/ construct a

workshop for maintenance vehicles, during the concession period.

b) NDMC shall also provide premises for parking purpose. This area can be

provided at different locations comprising of small areas; where in the

concessionaire can park their vehicles at different locations. However, the

concessionaire shall make its own arrangements at such parking facilities

including its development, security, light, water, telephone etc.

c) The Concessionaire shall use these premises for organizing, inspecting,

monitoring and controlling the work including receipt of the complaints

from all sources to be redressed as per complaint redressal procedure of the

concession.

d) Procure and install weighbridge facility and testing equipment at the

designated Landfill Site and/or processing facility by itself or through its

agent/ contractor before commencement of the Operations Period. NDMC

shall ensure that such weighbridge facility and Testing equipment are

properly serviced and in good working condition during the Operations

Period;

e) When required during the Operations Period, change the location of the

Workshop Site/ Parking Site within the Concession Area, and shall notify the

Concessionaire at least one month prior to the shifting of the said site.

NDMC shall bear additional cost associated for development of new site as

worked out by the evaluators and finalized by the NDMC/IC. Concessionaire

shall, however, utilize the equipments/ machinery and other usable from

the earlier site for the development of new facility.

f) NDMC shall subscribe to the Substitution Agreement within 90 days of the

intimation regarding financial close given by the Concessionaire.

g) NDMC shall grant in a timely manner all such approvals, permissions and

authorizations which the Concessionaire may require or is obliged to seek

from NDMC under this Agreement, in connection with implementation of

the Project and the performance of its obligations. Provided where

authorization for availing of utilities such as power, water, sewerage,

telecommunications or any other incidental services/utilities is required, the

64

same shall be provided by NDMC in the form as set out in Schedule M,

within thirty days (30) days from receipt of request from the Concessionaire

to make available such authorization.

NDMC shall handover a piece of land to Concessionaire for implementation of the

project during the concession period on lease. The ownership of land shall always

vest with NDMC.

City Zone:

1. For setting up Waste Transfer facility: As per Schedule E

2. For setting up Automobile Workshop and Parking Facility: As per Schedule F.

The IT Cell, Vehicle Monitoring Cell and Complaint/Grievance Redressal Cell may be

located at either of these facilities or at any other location as decided and

communicated by IC/NDMC.

SP Zone:

1. For setting up waste transfer facility: As per Schedule E

2. For setting up Automobile Workshop and Parking Facility: As per Schedule F




KB Zone:






Narela Zone:






65


NDMC shall :

(a) where appropriate provide necessary assistance to the Concessionaire in

securing Applicable Permits;

(b) Observe and comply with all its obligations set forth in this Agreement.

(c) give all assistance to the Concessionaire to employ the existing

informal Municipal Solid Waste collectors including rag pickers and

assist the Concessionaire in solving issues arising from the

redeployment and employment of such waste collectors by the

Concessionaire.

For the purpose of this sub-clause, it is clarified that the informal

Waste Collectors shall not mean or include the “Swachta

Karmacharis” employed by NDMC or any other corporations.

66

ARTICLE 8

8 TIPPING FEE

8.1 Tipping Fee: A. Subject to the provisions of the Agreement and in consideration of the

Concessionaire accepting the Concession and undertaking to perform and

discharge its obligations in accordance with the terms, conditions and

covenants set forth in this Agreement, NDMC agrees and undertakes to pay

to Concessionaire, the Tipping Fee calculated in accordance with the

Schedule set in the Agreement.

B. The waste shall be transported to designated waste disposal/ processing

facility as decided and communicated by NDMC, as per the directions of the

engineer-in-charge. The waste will be inspected and tested at the Waste

Inspection Area in the waste disposal/ processing facility and get it duly

certified by the Independent Consultant in the manner as set out in the

O&M Requirements.

C. No payment shall be made for the Refuse Trucks that fail the tests

performed at the designated facility.

D. The waste shall be weighed at the entry of the designated facility (facilities)

and the tipping fee shall be paid by weight i.e. per tonne of MSW/ waste

received at Bhalswa landfill site/ or designated Waste Processing Facility or

any other designated site as decided and communicated by NDMC. The

waste quantity/ weight will be checked by the IC/NDMC at the Landfill Site

and get it duly certified by the Independent Consultant in the manner as set

out in the O&M Requirements.

E. Provided, if the weighbridge facility or the Testing equipment at the Waste

Inspection Area is out of order, the Concessionaire shall have such

weighment certified by an authorized official of NDMC and the Independent

Consultant.

F. The tipping fee payable to the Concessionaire by NDMC shall be inclusive of

all duties, taxes and other levies etc. Nothing extra on account of duties,

taxes and other levies etc. shall be payable to the Concessionaire.

G. The NDMC shall evaluate these Bid Prices accordingly.

H. The NDMC Engineer, the Concessionaire and the Independent Consultant

shall jointly monitor all receipt of MSW/ waste at entry gate(s) of the

designated site(s).

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I. The Tipping Fee Rate would be increased @3.5% per annum after

completion of one year of date of commercial operation date (COD) i.e. the

tipping fee from 1st day of COD to last day of 1st year will be Rs 1.000 [the

accepted tipping fee], 1st day of 2nd year will be Rs 1.035, and from 1st day of

3rd year will be Rs 1.07 and so on.

J. The Concessionaire shall, on the 5th day of every month or in case the 5th

day of a month is a holiday, then on the following working day of such

month, submit to NDMC a statement (“Tipping Fee Statement”) providing

the following details, of the Municipal Solid Waste collected during the

preceding month in the manner as set out in the O&M Requirements

providing the following details:

(i) Total quantity of Municipal Solid Waste collected by the

Concessionaire during the preceding Month, providing

separate details of the quantity of MSW deposited at the

Designated Landfill waste and/or processing site , including

daily details of the same;

(ii) Amount of Tipping Fee for the previous Month calculated in

accordance with Article 8.2.

(iii) The Tipping Fee Statement shall be verified by the

Independent Consultant and an authorized official of NDMC,

within 7 days of receipt of such statement by them.

(iv) In the bill the concessionaire must reflect the recoveries/

penalties proposed by the NDMC/IC during the billing cycle

and the amount must be deducted on this account. The

Concessionaire must show due diligence in preparing the

bills. Raising fraudulent bills and escalated bills will be taken

seriously and NDMC may take appropriate action against the

Concessionaire including initiating the case of termination of

contract and blacklisting of the bidder/ all the members of

the consortium.

8.2 Mechanism of Payment

(a) NDMC shall, within 30 days from the date of receipt of the Tipping

Fee Statement pay to the Concessionaire Tipping Fee in accordance

with the formulae given in this sub-article.

The Tipping Fee payable by NDMC for the previous month will

depend on the tonnage of material weighed at the designated Waste

Disposal/Processing Facility or any other designated site and

recoveries based on the Schedule of Penalties.

68

(b) No interest will be payable by NDMC if delay in payment is due to

non-availability of the funds in the concerned Head of Account. It is

further categorically stated that passed bill will be paid only after

clearing bills of other contractors pending in queue.

(c) NDMC shall deduct security money @ 2.5 % of the Tipping Fee every

month into a special account designated as “Retention Money

Account”, opened with a bank acceptable to the Concessionaire,

until the total amount in the said account accumulate to the extent

of Rs. Seventy Millions inclusive of Performance Guarantee of Rs.

Thirty Million. NDMC shall, thereafter, will not deduct the security

money from the bills of the Concessionaire until expiry/Termination

of this Agreement.

(d) All payments to the Concessionaire shall be made by way of account

payee cheque drawn in favour of the Concessionaire or credited to

his account through RTGS.

8.3 Obligation for Payment of Compensation for increase in distance for change of location of Landfill Site/Processing Facility/ Designated waste depositing facility

NDMC may upon expiry of life of the Designated Facility (Landfill

Site or Waste Processing) or otherwise be entitled to change the

location of the Designated Landfill Site or Waste Processing

Facility to a new location specified later by NDMC. Provided,

NDMC shall not affect any such change in location, unless the

Concessionaire has been granted not less than one (1) month

prior notice of such change. And NDMC shall pay adequate

compensation by increasing the tipping fee as per sub-clause (b)

below for meeting the additional cost due to increase in travel

distance, arising on account of such change of location. It shall be

noted that no change in rate will be allowed if change in distance

is less than 3 kms.

a) The Concessionaire shall be compensated for the additional cost

arising on account of such change of location of the Designated

site in accordance with the following formula:

∆ TFR = X * ∆ D * p TFR Where,

∆ TFR = Change in tipping fee rate (Rs per Ton)

∆D = INCREASE in Average Travel Distance from Central Point of

the Group to the New Designated Facility and average travel

69

distance of the designated facility for the Group/Zone as set out

in the RfP.

NO change in rate will be allowed if ∆D is less than 3 kms (one

way distance).

p TFR = prevailing TFR (Rs per Ton)

X = Adjustment factor as per following table:

Zone Value of ∆D (kms) Value of X

SPZ and City Zone As Calculated Above 0.004

KB Zone As Calculated Above 0.004

Narela Zone As Calculated Above 0.004

c) NDMC shall after change of location of the Designated Facility

(Landfill Site or Waste Processing), pay Tipping Fee on the basis of

the Tipping Fee Rate plus additional amounts calculated in

accordance with sub-clause (b) above.

d) In case of a temporary non availability of Landfill Site during the

Operation Period, NDMC may subject to providing the

Concessionaire at least 3 days prior notice of the same, effect a

temporary change in location of Designated Facility. NDMC at its

cost agrees to shift/provide suitable equipment for

weighment/Testing of MSW at such temporary Designated Facility.

The Concessionaire shall be compensated for the additional cost

arising from such change in location of the Designated Facility in

accordance with 6.3 (b) and (c) above.

e) The Concessionaire will not be compensated/ paid for the additional

expenditure incurred by the Concessionaire on account of purchase

of new vehicles/ machinery or any other equipment on account of

change of location of the designated landfill facility/ processing

facility. Also no extra space for parking of vehicles or the additional

space in the Workshop will be allowed on this account. It will be

Concessionaire’s responsibility to match the fleet of vehicles as per

new requirement of change in distance within the one month notice

period accorded to him.

f) The change in Average Travel Distance shall be computed as the

Difference in the Actual Travel Distance between the Central Point

of the SPZ and City Zone, Central Point of KB Zone and Central Point

of Narela Zone to their new designated facility(ies) (One way

Distance) and Average Travel Distance to the designated facilities of

these zones given in this RfP and is reproduced below.

70








Group 1



18 km Azad market


18 Km Azad market





Important Note:

1. The Additional Tipping Fee will be paid only for the waste actually transported to

the new location. In case a part of the waste is continued to be accepted at the

original designated landfill facility/ processing facility, no additional tipping fee

will be paid on that component of the waste.(e.g. if 100 ton of waste is collected,

out of which 40 tons goes to the existing site and 60 tons goes to the new site.

Additional tipping fee will be paid only the 60 tons which is going to the new

site).

2. In case the new location of the designated landfill facility/ processing facility

also gets expired or for some other reason a change is to be made from the new

designated landfill facility/ processing facility to another alternate landfill

facility/ processing facility, the average change in transport distance shall be

calculated from the central point of the zone.

8.4 Recovery of Payment for decrease in distance caused due to change of location of Landfill Site/Processing Facility/ designated waste depositing facility

a) NDMC may upon expiry of life of the Designated Landfill Site or

71

Waste Processing Facility or otherwise, be entitled to change the

location of the Designated Landfill Site or Waste Processing Facility

to a new location specified later by NDMC. Provided, NDMC shall

not effect any such change in location, unless the Concessionaire

has been granted not less than 0ne (1) month prior notice of such

change. And NDMC shall make recovery in tipping fee rate for

decrease in travel distance for such change of location as per clause

(b) below. It shall be noted that no change in rate will be allowed if

change in distance is less than 3 kms.

b) The Concessionaire’s tipping fee shall be reduced for the savings in

cost arising on account of such change of location of the Landfill

Site in accordance with the following formula:

∆ TFR = X * ∆ D * p TFR * 1.15

Where,

∆ TFR = Change in tipping fee rate (Rs per Tonne)

∆D = DECREASE in Average Travel Distance from Central Point of

the GROUP to the NEW DESIGNATED FACILITY and distance of

the designated facility as set out for that Group/Zone in the RfP.

NO recovery in tipping fee rate will be made if ∆D is less than 3

kms (one way distance).

p TFR = prevailing TFR (Rs per Ton)

X = Adjustment factor as per following table:

Zone Value of ∆D (kms) Value of X

SPZ and City Zone As Calculated Above 0.004

KB Zone As Calculated Above 0.004

Narela Zone As Calculated Above 0.004

c) NDMC shall after change of location of the Designated Landfill

Site or Waste Processing Facility, pay Tipping Fee on the basis of

the Tipping Fee Rate minus recovery amounts calculated in

accordance with sub-clause (b) above.

d) In case of a temporary non availability of Landfill Site during the

Operation Period, NDMC may subject to providing the

Concessionaire at least 3 days prior notice of the same, effect a

temporary change in location of Designated Facility. NDMC at its

cost, agrees to shift/ provide suitable equipment for weighment/

Testing of MSW at such temporary Designated Facility. However,

72

the Concessionaire’s tipping fee shall be reduced as per sub-

clause (b) above for such change in location of the Designated

Facility in accordance with 6.3 (b) and (c) above.

e) The Concessionaire will not be compensated/ paid for the

redundant vehicles/ machinery or any other equipment on

account of change of location of the designated landfill facility/

processing facility. It will be Concessionaire’s responsibility to

match the fleet of vehicles as per new requirement of change in

distance.

f) The change in Average Travel Distance shall be computed as the

Difference in the Actual Travel Distance between the Central

Point of the SPZ and City Zone, Central Point of KB Zone and

Central Point of Narela Zone to their new designated facility(ies)

(One way Distance) and Average Travel Distance to the

designated facilities of these zones given in this RfP and is

reproduced below.








Group 1



18 km Azad market


18 Km Azad market





73

Important Note:

1. The Reduction in Tipping Fee will be made only for the waste actually

transported to the new location. In case a part of the waste is continued to be

accepted at the original designated landfill facility/ processing facility, no

reduction in tipping fee will be made on that component of the waste.(e.g. if 100

ton of waste is collected, out of which 40 tons goes to the existing site and 60

tons goes to the new site. Reduction in tipping fee will be made only for the 60

tons which is going to the new site).

2. In case the new location of the designated landfill facility/ processing facility

also gets expired or for some other reason a change is to be made from the new

designated landfill facility/ processing facility to another alternate landfill

facility/ processing facility, the average change in transport distance shall be

calculated from the central point of the zone.

74

ARTICLE 9

9 FORCE MAJEURE AND CHANGE IN LAW

9.1 Force Majeure Event

Any of the following events which is beyond the control of the Party claiming to be

affected thereby (“Affected Party”) and which the Affected Party has been unable

to overcome or prevent despite exercise of due care and diligence, and results in

Material Adverse Effect shall constitute Force Majeure Event:

(a) earthquake, flood, inundation and landslide

(b) storm, tempest, hurricane, cyclone, lightning, thunder or other extreme

atmospheric disturbances

(c) fire caused by reasons not attributable to the Concessionaire or any of the

employees, Contractors or agents appointed by the Concessionaire for

purposes of the Project;

(d) acts of terrorism;

(e) strikes, labour disruptions or any other industrial disturbances not arising on

account of the acts or omissions of the Concessionaire or the Contractor

(f) action of a Government Agency having Material Adverse Effect including but

not limited to

(i) acts of expropriation, compulsory acquisition or takeover by any

Government Agency of the Project/Project Facilities or any part

thereof or of the Concessionaire’s or the Contractor’s rights in

relation to the Project,

(ii) any judgment or order of a court of competent jurisdiction or

statutory authority in India made against the Concessionaire or the

Contractor in any proceedings which is non-collusive and duly

prosecuted by the Concessionaire, and

(iii) any unlawful, unauthorized or without jurisdiction refusal to issue or

to renew or the revocation of any Applicable Permits, in each case,

for reasons other than Concessionaire’s or the Contractor’s breach or

failure in complying with the Project Requirements, Applicable Laws,

Applicable Permits, any judgment or order of a Governmental

Agency or of any contract by which the Concessionaire or the

Contractor as the case may be is bound.

(g) early termination of this Agreement by NDMC for reasons of national

emergency or national security.

75

(h) any failure or delay of a Contractor caused by any of the sub-clauses (f) and

(g) hereinabove, for which no offsetting compensation is payable to the

Concessionaire by or on behalf of the Contractor.

(i) War, hostilities (whether declared or not), invasion, act of foreign enemy,

rebellion, riots, weapon conflict or military actions, civil war, ionizing

radiation, contamination by radioactivity from nuclear fuel, any nuclear

waste, radioactive toxic explosion, volcanic eruptions, any failure or delay of

a Contractor caused by the events mentioned in this sub clause for which no

offsetting compensation is payable to the Concessionaire by or on behalf of

the Contractor

9.2 Notice of Force Majeure Event

(a) As soon as practicable and in any case within 7 days of the date of

occurrence of a Force Majeure Event or the date of knowledge thereof, the

Affected Party shall notify Independent Consultant and the other Party of

the same setting out, inter alia, the following in reasonable detail:

(i) the nature and extent of the Force Majeure Event;

(ii) the estimated Force Majeure Period;

(iii) the nature of and the extent to which, performance of any of its

obligations under this Agreement is affected by the Force Majeure

Event;

(iv) the measures which the Affected Party has taken or proposes to take

to alleviate/mitigate the impact of the Force Majeure Event and to

resume performance of such of its obligations affected thereby; and

(v) any other relevant information concerning the Force Majeure Event,

and /or the rights and obligations of the Parties under this

Agreement.

(b) As soon as practicable and in any case within 5 days of notification by the

Affected Party in accordance with the preceding clause (a), the Parties shall

along with the Independent Consultant, meet, hold discussions in good faith

and where necessary conduct physical inspection/survey of the Project

Facilities in order to:

(i) assess the impact of the underlying Force Majeure Event,

(ii) to determine the likely duration of Force Majeure Period and,

(iii) to formulate damage mitigation measures and steps to be

undertaken by the Parties for resumption of obligations, the

performance of which shall have been affected by the underlying

Force Majeure Event.

(c) The Affected Party shall during the Force Majeure Period provide to the

other Party and the Independent Consultant regular (not less than weekly)

76

reports concerning the matters set out in the preceding clause (b) as also

any information, details or document, which the other Party may reasonably

require.

9.3 Performance of Obligations

If the Affected Party is rendered wholly or partially unable to perform any of its

obligations under this Agreement because of a Force Majeure Event, it shall be

excused from performance of such obligations to the extent it is unable to perform

the same on account of such Force Majeure Event provided that:

(a) due notice of the Force Majeure Event has been given as required by the

preceding Clause 9.2;

(b) the excuse from performance shall be of no greater scope and of no longer

duration than is necessitated by the Force Majeure Event;

(c) the Affected Party has taken all reasonable efforts to avoid, prevent,

mitigate and limit damage, if any, caused or is likely to be caused to the

Project Facilities as a result of the Force Majeure Event and to restore the

Project Facilities, in accordance with the Good Industry Practice and its

relative obligations under this Agreement;

(d) when the Affected Party is able to resume performance of its obligations

under this Agreement, it shall give to the other Party and the Independent

Consultant written notice to that effect and shall promptly resume

performance of its obligations hereunder, the non issue of such notice being

no excuse for any delay for resuming such performance;

(e) the Affected Party shall continue to perform such of its obligations which are

not affected by the Force Majeure Event and which are capable of being

performed in accordance with this Agreement; and

(f) any insurance proceeds received shall be, subject to the provisions of

Financing Documents, entirely applied to repair, replace or restore the

assets damaged on account of the Force Majeure Event, or in accordance

with Good Industry Practice.

9.4 Termination due to Force Majeure Event

(a) Termination

(i) If a Force Majeure Event, excluding events described under Clauses

9.1(f), 9.1(g) and 9.1(h), continues or is in the reasonable judgment

of the Parties likely to continue beyond a period of 120 days, the

Parties may mutually decide to terminate this Agreement or

continue this Agreement on mutually agreed revised terms. If the

Parties are unable to reach an agreement in this regard, the Affected

Party shall after the expiry of the said period of 120 days, be entitled

to terminate this Agreement.

77

Notwithstanding anything inconsistent contained in this Agreement,

if a Force Majeure Event is an event described under Clauses 9.1(f),

or 9.1(h), and the same subsists for a period exceeding 365 days,

then either Party shall be entitled to terminate this Agreement.

Provided that NDMC may at its sole discretion have the option to

terminate this Agreement any time after the occurrence of any event

described under Clauses 9.1(f) or 9.1(h).

(b) Termination Notice

If either Party, having become entitled to do so, decides to terminate this

Agreement pursuant to the preceding clause (a), it shall issue Termination

Notice setting out;

(i) in sufficient detail the underlying Force Majeure Event;

(ii) the Termination Date which shall be a date occurring not earlier than

60 days from the date of Termination Notice;

(iii) the estimated Termination Payment including the details of

computation thereof and;

(iv) any other relevant information.

(c) Obligation of Parties

Following issue of Termination Notice by either Party, the Parties shall

promptly take all such steps as may be necessary or required to ensure that;

(i) the Termination Payment, if any, payable by NDMC in accordance

with the following clause (d) is paid to the Concessionaire on the

Termination Date and

(ii) the Project Facilities (including movable and immovable) are handed

back to NDMC by the Concessionaire on the Termination Date free

from all Encumbrances.

(d) Termination Payment

Upon Termination of this Agreement due to a Force Majeure Event,

Termination Payment shall be made to the Concessionaire by NDMC in

accordance with the following:

(i) If Termination is due to a Force Majeure Event, described under

Clauses 9.1(a) to 9.1(e), no Termination Payment shall be made by

NDMC to the Concessionaire but, the Concessionaire shall be entitled

to receive and appropriate the proceeds of any amounts under

insurance policies

78

(ii) If Termination is due to the occurrence of any event described under

Clauses 9.1(f), 9.1(g) or 9.1(h), NDMC shall pay to the Concessionaire

Termination Payment of a sum equal to depreciated Book Value of

the Project Facilities. For the purpose of this clause, the Book Value is

the value net of depreciatded computed computed on straight line

basis @ 14.29% (considering age of facilities as 7 years) per year. The

Concessionaire would also be allowed to appropriate the amounts in

the Retention Money Account.

(iii) If Termination is due to the occurrence of any event described under

Clause 9.1(i), NDMC shall subject to the certification of Independent

Consultant, pay to the Concessionaire, Termination payment equal

to depreciated Book Value of the Project Facilities. For the purpose

of this clause, the Book Value is the value net of depreciatded

computed computed on straight line basis @ 14.29% (considering

age of facilities as 7 years) per year. The Concessionaire would also

be allowed to appropriate the amounts in the Retention Money

Account.

Provided NDMC shall be entitled to deduct from the Termination

Payment any amount due and recoverable by NDMC from the

Concessionaire as on the Termination Date.

9.5 Liability for other losses, damages etc.

Save and except as expressly provided in this Article 9, neither Party hereto

shall be liable in any manner whatsoever to the other Party in respect of any

loss, damage, cost, expense, claims, demands and proceedings relating to or

arising out of occurrence or existence of any Force Majeure Event.

9.6 Change in Law

(a) Change in Law shall mean the occurrence or coming into force of any of the

following, after the Appointed Date:

(i) The enactment of any new Indian law including laws related to

environment;

(ii) The repeal, modification or re-enactment of any existing Indian law

(iii) A change in the interpretation or application of any Indian law by a

court of record.

Provided that Change in Law shall not include:

(i) Coming into effect, after the Appointed Date, of any provision or

statute which is already in place as of the Appointed Date,

79

(ii) Any new law or any change in the existing law under the active

consideration of or in the contemplation of any government as of the

Appointed Date which is a matter of public knowledge,

(iii) Any change in the rates of the Taxes.

(b) Subject to Change in Law resulting in Material Adverse Effect and subject to

the Concessionaire taking necessary measures to mitigate the impact or

likely impact of Change in Law on the Project, if as a direct consequence of a

Change in Law, the Concessionaire is obliged to incur Additional Costs, and

NDMC shall subsequently reimburse to the Concessionaire 50%, of amount

in excess of Rs 2 millions, however, nothing will be reimbursed if the

additional cost is below Rs. 2 millions.

(c) Upon occurrence of a Change in Law, the Concessionaire may, notify NDMC

and the Independent Consultant of the following:

(i) The nature and the impact of Change in Law on the Project

(ii) In sufficient detail, the estimate of the Additional Cost likely to be

incurred by the Concessionaire on account of Change in Law

(iii) The measures, which the Concessionaire has taken or proposes to

take to mitigate the impact of Change in Law, including in particular,

minimizing the Additional Cost

(iv) The relief sought by the Concessionaire

(d) Upon receipt of the notice of Change in Law issued by the Concessionaire

pursuant to preceding sub-clause, NDMC and the Concessionaire shall along

with the Independent Consultant hold discussions and take all such steps as

may be necessary including determination/certification by the Independent

Consultant of the quantum of the Additional Cost to be borne and paid by

NDMC.

(e) NDMC shall within 30 days from the date of determination of quantum of

Additional Cost, provide relief to the Concessionaire in the manner as

mutually agreed upon by the Parties.

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ARTICLE 10

10 EVENTS OF DEFAULT AND TERMINATION

10.1 Events of Default

Event of Default shall mean either Concessionaire Event of Default or NDMC

Event of Default or both as the context may admit or require.

10.1.1 Concessionaire Event of Default

a) NDMC at any time may terminate the contract by giving written notice to the

bidder.

If the Bidder/ Contractor becomes bankrupt or otherwise insolvent, provided

that such termination will not prejudice or affect any right of action or

remedy which has accrued or will accrue thereafter to NDMC.

If the Bidder/ Contractor creates events of default of any of the terms and

conditions governing the contract or any clause of the contract - including

default on construction of new project facilities; up gradation of WSDs; up

gradation/construction of transfer stations; parking sites; workshop;

deployment of right type and/ or adequate number of vehicles and

compactors; transportation of waste; engage skillful and adequate staff for

execution, operation, maintenance, supervision and monitoring of project.

If it is proved that the Contractor is intentionally and deliberately violating

the provisions of the contract.

b) NDMC requires that the Bidders under this tender observe the highest

standards of ethics during the procurement and execution of such Contracts.

In pursuance of this policy, NDMC defines for the purposes of this provision,

the terms set forth as follows:

“Corrupt practice” means the offering, giving, receiving or soliciting of

anything of value to influence the action of the public official in the

procurement process or in contract execution; and

“Fraudulent practice” means a misrepresentation of facts in order to

influence a procurement process or execution of the contract to the

detriment of NDMC, and includes collusive practice among Bidders (prior to

or after Tender submission) designed to establish Contract Prices at artificial

non-competitive levels and to deprive NDMC of the benefits of the free and

open competition.

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c) If the bidder indulges in Corrupt or Fraudulent Practices, it gets

disqualified for tendering, NDMC may at any point of time terminate the

contract by giving written notice to the Bidder, even after the work is

started, provided that such termination will not prejudice or affect any right

of action or remedy which has accrued or will accrue thereafter to the

NDMC.

d) In case of failure to clarify or improve the work to the utmost satisfaction

of NDMC, letter of termination will be sent to the bidder.

e) If the order /contract is cancelled / terminated after commencing the

work, on account of the reasons and / or failure of the Contractor to perform

up to the standard as evaluated, Contractor shall;

• Hand over the entire infrastructure, sheds, cabins built, services provided

by the service provider, in the premises given by NDMC to an authorized

representative of NDMC; without any compensation.

• Hand over vehicles, equipment, procured for use immediately again to an

authorized representative of NDMC; without any compensation.

NDMC may/shall assign the entire work and its set up to the next willing

bidder or any other company or individual for operations of the services

along with infrastructure, places and all vehicles and equipment acquired

from the Contractor, at the risk and cost of the bidder.

Any of the following events shall constitute an Event of Default by the

Concessionaire ("Concessionaire Event of Default") unless such event has

occurred as a result of one or more reasons set out in this agreement:

(i) The Concessionaire has failed to obtain Readiness Certificate, within

implementation period and in the reasonable estimation of the

Independent Consultant/NDMC, is likely to delay achievement of

Readiness Certificate beyond two months of the Scheduled Project

Completion Date;

(ii) The Concessionaire has failed to achieve Readiness Certificate within

two months of the Scheduled Project Completion Date for any

reason whatsoever;

(iii) The Concessionaire has failed to adhere to the Construction

Requirements and such failure, in the reasonable estimation of the

Independent Consultant, is likely to delay achievement of COD

beyond four months of the Scheduled Project Completion Date;

(iv) The Concessionaire has failed to achieve COD within Four months of

the Scheduled Project Completion Date for any reason whatsoever;

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(v) At any time during the Concession Period, the Concessionaire fails to

adhere to the Construction Requirements or O&M Requirements and

has failed to remedy the same within 30 days;

(vi) The Concessionaire has failed to make any payments due to NDMC

and more than 60 days have elapsed since such payment default;

(vii) The Concessionaire is in Material Breach of any of its obligations

under this Agreement and the same has not been remedied for more

than 30 days;

(viii) Any representation made or warranty given by the Concessionaire

under this Agreement is found to be false or misleading;

(ix) A resolution for voluntary winding up has been passed by the

shareholders of the Concessionaire;

(x) Any petition for winding up of the Concessionaire has been admitted

and liquidator or provisional liquidator has been appointed or the

Concessionaire has been ordered to be wound up by Court of

competent jurisdiction, except for the purpose of amalgamation or

reconstruction with the prior consent of NDMC, provided that, as

part of such amalgamation or reconstruction and the amalgamated

or reconstructed entity has unconditionally assumed all surviving

obligations of the Concessionaire under this Agreement.

(xi) A default has occurred under any of the Financing Documents and

any of the Lenders has recalled its financial assistance and demanded

payment of the amounts outstanding under the Financing

Documents or any of them as applicable;

(xii) The Concessionaire has abandoned the Project Facilities;

(xiii) The Concessionaire has unlawfully repudiated this Agreement or has

otherwise expressed an intention not to be bound by this

Agreement;

(xiv) The Concessionaire has suffered an attachment levied on any of its

assets which has caused or is likely to cause a Material Adverse Effect

on the Project and such attachment has continued for a period

exceeding 90 days.

10.1.2 NDMC Event of Default

a) The Contractor may at any time request for termination of the contract if

desired on default on the part of NDMC; such as non-payment of bills or

resistance from citizens and it does not get resolved by NDMC, by giving

written communication to NDMC, the Contractor may hand over the

vehicles, equipment, bins, and fixed assets created by them to NDMC.

b) In case of termination /cancellation of the contract after commencing the

work when NDMC asks to do so on account of NDMC’s inability to continue,

all the infrastructure, vehicles, equipment, containers brought by the

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Contractor may be taken over by the NDMC; if requested by the Contractor;

at the mutually agreed rates.

Any of the following events shall constitute an event of default by NDMC

("NDMC Event of Default”), when not caused by a Concessionaire Event of

Default or Force Majeure Event:

(i) NDMC has failed to make any payments due to the Concessionaire

and more than eight months have elapsed since such default;

(ii) NDMC is in Material Breach of any of its obligations under this

Agreement and has failed to cure such breach within 90 (ninety) days

of receipt of notice thereof issued by the Concessionaire;

(iii) NDMC has (a) failed to execute the Substitution Agreement in

accordance with Article 7.1 (h) having executed the same is in

breach of any of its obligations there under and such breach has not

been cured within 90 days from the date of written notice thereof

given by the Concessionaire;

(iv) NDMC has unlawfully repudiated this Agreement or otherwise

expressed its intention not to be bound by this Agreement;

(v) NDMC has unreasonably withheld or delayed grant of any approval

or permission which the Concessionaire is obliged to seek under this

Agreement, and thereby caused or likely to cause Material Adverse

Effect;

(vi) Any representation made or warranties given by the NDMC under

this Agreement has been found to be false or misleading.

10.2 Termination due to Event of Default

10.2.1 Termination for Concessionaire Event of Default

(i) Without prejudice to any other right or remedy which NDMC may

have in respect thereof under this Agreement, upon the occurrence

of a Concessionaire Event of Default, NDMC shall, subject to the

provisions of the Substitution Agreement, be entitled to terminate

this Agreement in the manner as set out under this agreement.

Provided however that upon the occurrence of a Concessionaire

Event of Default as specified under this agreement, NDMC may

terminate this Agreement by issue of Termination Notice in the

manner set out under this agreement.

(ii) If NDMC decides to terminate this Agreement pursuant to preceding

clause 10.1.1, it shall in the first instance issue Preliminary Notice to

the Concessionaire. Within thirty (30) days of receipt of the

Preliminary Notice, the Concessionaire shall submit to NDMC in

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sufficient detail, the manner in which it proposes to cure the

underlying Event of Default (the “Concessionaire's Proposal to

Rectify”). In case of non-submission of the Concessionaire's Proposal

to Rectify within the said period of 30 days, NDMC shall be entitled

to terminate this Agreement by issuing Termination Notice, and to

appropriate:

a. the Performance Security, if subsisting and

b. the amounts in the Retention Money Account

(iii) If the Concessionaire's Proposal to Rectify is submitted within the

period stipulated therefore, the Concessionaire shall have further

period of 30 days to remedy/ cure the underlying Event of Default. If,

however the Concessionaire fails to remedy/cure the underlying

Event of Default within such further period allowed, NDMC shall be

entitled to terminate this Agreement, by issue of Termination Notice

and to appropriate

(a) the Performance Security, if subsisting and

(b) the amounts in the Retention Money Account

10.2.2 Termination for NDMC Event of Default

(i) Without prejudice to any other right or remedy which the

Concessionaire may have in respect thereof under this Agreement,

upon the occurrence of NDMC Event of Default, the Concessionaire

shall be entitled to terminate this Agreement by issuing Termination

Notice.

(ii) If the Concessionaire decides to terminate this Agreement pursuant

to preceding clause (i) it shall in the first instance issue Preliminary

Notice to NDMC. Within 30 days of receipt of Preliminary Notice,

NDMC shall forward to the Concessionaire its proposal to remedy/

cure the underlying Event of Default (the "NDMC Proposal to

Rectify”). In case of non submission of NDMC Proposal to rectify

within the period stipulated therefore, Concessionaire shall be

entitled to terminate this Agreement by issuing Termination Notice.

(iii) If NDMC Proposal to Rectify is forwarded to the Concessionaire

within the period stipulated thereafter, NDMC shall have further

period of 30 days to remedy/ cure the underlying Event of Default. If,

however NDMC fails to remedy/ cure the underlying Event of Default

within such further period allowed, the Concessionaire shall be

entitled to terminate this Agreement by issuing Termination Notice.

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10.2.3 Termination Notice

If a Party is having become entitled to do so decide to terminate this

Agreement pursuant to the preceding sub article (a) or (b), it shall issue

Termination Notice setting out:

(i) in sufficient detail the underlying Event of Default;

(ii) the Termination Date which shall be a date occurring not earlier than

60 days from the date of Termination Notice;

(iii) the estimated termination payment including the details of

computation thereof; and,

(iv) any other relevant information.

10.2.4 Obligation of Parties

Following issue of Termination Notice by either Party, the Parties shall

promptly take all such steps as may be necessary or required to ensure that;

(i) until Termination the Parties shall, to the fullest extent possible,

discharge their respective obligations so as to maintain the

continued operation of the Project Facilities;

(ii) the termination payment, if any, payable by NDMC in accordance

with the Article 10.2.6 is paid to the Concessionaire on the

Termination Date; and

(iii) the Project Facilities are handed back to NDMC by the

Concessionaire on the Termination Date free from any Encumbrance

along with any payment that may be due by the Concessionaire to

NDMC.

10.2.5 Withdrawal of Termination Notice

Notwithstanding anything inconsistent contained in this Agreement, if the

Party who has been served with the Termination Notice cures the

underlying Event of Default to the satisfaction of the other Party at any time

before the Termination occurs, the Termination Notice shall be withdrawn

by the Party which had issued the same.

Provided that the Party in breach shall compensate the other Party for any

direct costs/consequences occasioned by the Event of Default which caused

the issue of Termination Notice.

10.2.6 Termination Payments

Upon Termination of this Agreement on account of NDMC Event of Default,

the Concessionaire shall be entitled to withdraw the Performance Security,

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if subsisting, and receive from NDMC, termination payment equal to 100%

of the depreciated Book Value as on Termination Date and amounts in the

Performance Security Account. For the purpose of this clause, the Book

Value is the value net of depreciatded computed computed on straight line

basis @ 14.29% (considering age of facilities as 7 years) per year.

Upon Termination of this Agreement on account of Concessionaire Event of

Default, Concessionaire shall be entitled to receive from NDMC termination

payment equal to 60% of the depreciated Book Value as on the Termination

Date. For the purpose of this clause, the Book Value is the value net of

depreciatded computed computed on straight line basis @ 14.29%

(considering age of facilities as 7 years) per year.

10.3 Rights of NDMC on Termination

(a) Upon Termination of this Agreement for any reason whatsoever, NDMC

shall upon making the Termination Payment, if any, to the Concessionaire

have the power and authority to:

(i) enter upon and take possession and control of the Project Facilities

i/c vehicles, workshop etc. forthwith;

(ii) prohibit the Concessionaire and any person claiming through or

under the Concessionaire from entering upon/ dealing with the

Project Facilities;

(b) Notwithstanding anything contained in this Agreement, NDMC shall not, as a

consequence of Termination or otherwise, have any obligation whatsoever

including but not limited to obligations as to compensation for loss of

employment, continuance or regularization of employment, absorption or

re-employment on any ground, in relation to any person in the employment

of or engaged by the Concessionaire in connection with the Project, and the

hand back of the Project Facilities by the Concessionaire to NDMC shall be

free from any such obligation.

10.4 Accrued Rights of Parties

Notwithstanding anything to the contrary contained in this Agreement,

Termination pursuant to any of the provisions of this Agreement shall be

without prejudice to accrued rights of either Party including its right to claim

and recover money damages and other rights and remedies which it may

have in law or contract. The rights and obligations of either Party under this

Agreement, including without limitation those relating to the Termination

Payment, shall survive the Termination but only to the extent such survival

is necessary for giving effect to such rights and obligations.

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ARTICLE 11

11 HANDBACK OF PROJECT FACILITIES

11.1 Ownership of Project Facilities

Without prejudice and subject to the Concession, the ownership of the Existing

Project Facilities, including all modifications, renovations and improvements made

therein by the Concessionaire, shall at all times remain that of NDMC.

11.2 Concessionaire’s Obligations

(a) On completion of the contract period, unless it is extended, the

bidder will transfer Workshops, Parking Sites, Transfer Station,

Waste Storage Depots, road Side Dustbins, Offices, Communication

arrangements and immovable infrastructure / facilities etc. to

NDMC, in good working conditions, free of cost. All the assets as per

the asset register with all inventories shall be checked and handed

over to NDMC.

(b) At least 12 months before the expiry of the Concession Period a joint

inspection of the Project Facilities shall be undertaken by NDMC,

Independent Consultant and the Concessionaire.

NDMC/Independent Consultant shall, within 45 days of such

inspection prepare and furnish to the Concessionaire a list of

works/jobs (“Handback and Transfer Requirements”), if any, to be

carried out so as to confirm to the Construction Requirements,

Design Requirements and O&M Requirements. The Concessionaire

shall promptly undertake and complete such works/jobs at least

three months prior to the expiry of the Concession Period and ensure

that the Existing Project Facilities continue to meet such

requirements until the same are handed back to NDMC.

(c) NDMC/ Independent Consultant shall, within 45 days of the joint

inspection undertaken under preceding clause (b) prepare and

furnish to the Concessionaire a list of items, if any, with

corresponding distinctive descriptions, which are to be handed back

to NDMC.

(d) The Concessionaire hereby acknowledges NDMC’s rights specified in

Article 11.1, 11.2, and 11.3 enforceable against it upon Termination

and its corresponding obligations arising thereof. The Concessionaire

undertakes to comply with and discharge promptly all such

obligations.

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11.3 NDMC’s Obligations

NDMC shall, subject to NDMC’s right to deduct amounts from the Retention

Money Account towards:

(i) carrying out works/jobs listed under Article 11.2, which have not

been carried out by the Concessionaire,

(ii) purchase of items, which have not been handed back to NDMC in

terms of Article 11.2, and

(iii) any outstanding dues, which may have accrued in respect of the

Project during the Concession Period,

duly discharge and release to the Concessionaire, the amounts in the

Retention Money Account or balance therein after deductions in respect (i),

(ii) and (iii) above, as the case may be, upon issuance of certificate by the

Independent Consultant regarding compliance by the Concessionaire with

the Handback and Transfer Requirements.

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ARTICLE 12

12 DISPUTE RESOLUTION

12.1 Amicable Resolution

(a) Save where expressly stated to the contrary in this Agreement, any dispute,

difference or controversy of whatever nature between the Parties,

howsoever arising under, out of or in relation to this Agreement, including

those arising with regard to acts, decision or opinion of the Independent

Consultant (the "Dispute") shall in the first instance be attempted to be

resolved amicably in accordance with the procedure set forth in clause (b)

below.

(b) Either Party may require such Dispute to be referred to the Commissioner,

NDMC (or the Person holding charge) and the Chief Executive Officer of the

Concessionaire for the time being, for amicable settlement. Upon such

reference, the two shall meet at the earliest mutual convenience and in any

event within 15 days of such reference to discuss and attempt to amicably

resolve the Dispute. If the Dispute is not amicably settled within 15 (fifteen)

days of such meeting between the two, either Party may refer the Dispute

to arbitration in accordance with the provisions of Article 12.2 below.

12.2 Arbitration

(a) Procedure

Subject to the provisions of Article 12.1, any Dispute which is not resolved

amicably shall be finally settled by binding arbitration under the Arbitration

Act. The arbitration shall be by a panel of three arbitrators, one to be

appointed by each Party and the third to be appointed by the two

arbitrators appointed by the Parties. The Party requiring arbitration shall

appoint an arbitrator in writing, inform the other Party about such

appointment and call upon the other Party to appoint its arbitrator. If within

15 days of receipt of such intimation, the other Party fails to appoint its

arbitrator, the Party seeking appointment of arbitrator may take further

steps in accordance with Arbitration Act.

(b) Place of Arbitration

The place of arbitration shall be New Delhi.

(c) English Language

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The request for arbitration, the answer to the request, the terms of

reference, any written submissions, any orders and awards shall be in

English and, if oral hearings take place, English shall be the language to be

used in the hearings.

(d) Enforcement of Award

The Parties agree that the decision or award resulting from arbitration shall

be final and binding upon the Parties and shall be enforceable in accordance

with the provisions of the Arbitration Act subject to the rights of the

aggrieved parties to secure relief from any higher forum.

12.3 Performance during Dispute

Pending the submission of and/or decision on a Dispute and until the

arbitral award is published, the Parties shall continue to perform their

respective obligations under this Agreement without prejudice to a final

adjustment in accordance with such award.

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ARTICLE 13

13 REPRESENTATIONS AND WARRANTIES

13.1 Representations and Warranties of the Concessionaire

The Concessionaire represents and warrants to NDMC that:

(a) it is duly organized, validly existing and in good standing under the laws of

India;

(b) it has full power and authority to execute, deliver and perform its

obligations under this Agreement and to carry out the transactions

contemplated hereby;

(c) it has taken all necessary corporate and other action under Applicable Laws

and its constitutional documents to authorize the execution, delivery and

performance of this Agreement;

(d) it has the financial standing and capacity to undertake the Project;

(e) this Agreement constitutes its legal, valid and binding obligation enforceable

against it in accordance with the terms hereof;

(f) the execution, delivery and performance of this Agreement will not conflict

with, result in the breach of, constitute a default under or accelerate

performance required by any of the terms of the Concessionaire's

Memorandum and Articles of Association or any Applicable Laws or any

covenant, agreement, understanding, decree or order to which it is a party

or by which it or any of its properties or assets are bound or affected;

(g) there are no actions, suits, proceedings or investigations pending or to the

Concessionaire's knowledge threatened against it at law or in equity before

any court or before any other judicial, quasi judicial or other authority, the

outcome of which may constitute Concessionaire Event of Default or which

individually or in the aggregate may result in Material Adverse Effect;

(h) it has no knowledge of any violation or default with respect to any order,

writ, injunction or any decree of any court or any legally binding order of any

Government Agency which may result in Material Adverse Effect;

(i) it has complied with all Applicable Laws and has not been subject to any

fines, penalties, injunctive relief or any other civil or criminal liabilities which

in the aggregate have or may have Material Adverse Effect;

(j) subject to receipt by the Concessionaire from NDMC of any amount due

under any of the provisions of this Agreement, in the manner and to the

extent provided for under the applicable provisions of this Agreement all

rights and interests of the Concessionaire in and to the Project Facilities shall

pass to and vest in NDMC on the Termination Date free and clear of all

Encumbrances without any further act or deed on the part of the

Concessionaire or NDMC;

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(k) no representation or warranty by the Concessionaire contained herein or in

any other document furnished by it to NDMC or to any Government Agency

in relation to Applicable Permits contains or will contain any untrue

statement of material fact or omits or will omit to state a material fact

necessary to make such representation or warranty not misleading;

(l) no bribe or illegal gratification has been paid or will be paid in cash or kind

by or on behalf of the Concessionaire to any person to procure the

Concession.

(m) Without prejudice to any express provision contained in this Agreement, the

Concessionaire acknowledges that prior to the execution of this Agreement,

the Concessionaire has after a complete and careful examination made an

independent evaluation of the Project Facilities, and the information

provided by NDMC, and has determined to its satisfaction the nature and

extent of risks and hazards as are likely to arise or may be faced by the

Concessionaire in the course of performance of its obligations hereunder.

(n) The Concessionaire also acknowledges and hereby accepts the risk of

inadequacy, mistake or error in or relating to any of the matters set forth

above and hereby confirms that NDMC shall not be liable for the same in

any manner whatsoever to the Concessionaire.

13.2 Representations and Warranties of NDMC

NDMC represents and warrants to the Concessionaire that:

(a) NDMC has full power and authority to grant the Concession;

(b) NDMC has taken all necessary action to authorize the execution,

delivery and performance of this Agreement;

(c) This Agreement constitutes NDMC’s legal, valid and binding

obligation enforceable against it in accordance with the terms

hereof;

(d) There are no suits or other legal proceedings pending or threatened

against NDMC in respect of the Project Facilities or the Project.

13.3 Obligation to Notify Change

In the event that any of the representations or warranties made/given by a

Party ceases to be true or stands changed, the Party who had made such

representation or given such warranty shall promptly notify the other of the

same.

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ARTICLE 14

14 MISCELLANEOUS

14.1 Assignment and Charges

(a) The Concessionaire shall not assign in favour of any person this Agreement

or the rights, benefits and obligations hereunder save and except with prior

consent of NDMC.

(b) The Concessionaire shall neither create nor permit to subsist any

Encumbrance over the Project Facilities.

(c) Restraint set forth in clauses (a) and (b) above shall not apply to:

(i) liens/encumbrances arising by operation of law (or by an agreement

evidencing the same) in the ordinary course of business of the

Concessionaire:

(ii) Pledges/hypothecation of goods/ moveable assets, revenue and

receivables as security for indebtedness, in favour of the Lenders and

working capital providers for the Project;

(iii) assignment of Concessionaire’s rights and benefits under this

Agreement to or in favour of the Lenders as security for financial

assistance provided by them.

14.2 Interest and Right of Set Off

Any sum which becomes payable under any of the provisions of this Agreement by

one Party to the other Party shall, if the same be not paid within the time allowed

for payment thereof, shall be deemed to be a debt owed by the Party responsible

for payment thereof to the Party entitled to receive the same. Such sum shall until

payment thereof carry interest at prevailing prime lending rate of State Bank of

India per annum from the due date for payment thereof until the same is paid to or

otherwise realised by the Party entitled to the same. Without prejudice to any

other right or remedy that may be available under this Agreement or otherwise

under law, the Party entitled to receive such amount shall also have the right of set

off.

Provided the stipulation regarding interest for delayed payments contained in this

agreement shall neither be deemed nor construed to authorise any delay in

payment of any amount due by a Party nor be deemed or construed to be a waiver

of the underlying breach of payment obligations.

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14.3 Governing Law and Jurisdiction

This Agreement shall be governed by the laws of India. The Courts at Delhi

shall have jurisdiction over all matters arising out of or relating to this

Agreement.

14.4 Waiver

(a) Waiver by either Party of any default by the other Party in the observance

and performance of any provision of or obligations under this Agreement:

(i) shall not operate or be construed as a waiver of any other or subsequent

default hereof or of other provisions or obligations under this

Agreement;

(ii) shall not be effective unless it is in writing and executed by a duly

authorized representative of such Party; and

(iii) shall not affect the validity or enforceability of this Agreement in any

manner.

(b) Neither the failure by either Party to insist on any occasion upon the

performance of the terms, conditions and provisions of this Agreement or

any obligation hereunder nor time or other indulgence granted by a Party to

the other Party shall be treated or deemed as waiver/breach of any terms,

conditions or provisions of this Agreement.

14.5 Survival

Termination of this Agreement

(a) shall not relieve the Concessionaire or NDMC of any obligations already

incurred hereunder which expressly or by implication survives Termination

hereof, and

(b) except as otherwise provided in any provision of this Agreement expressly

limiting the liability of either Party, shall not relieve either Party of any

obligations or liabilities for loss or damage to the other Party arising out of

or caused by acts or omissions of such Party prior to the effectiveness of

such Termination or arising out of such Termination.

14.6 Amendments

This Agreement and the Schedules together constitute a complete and exclusive

understanding of the terms of the Agreement between the Parties on the subject

hereof and no amendment or modification hereto shall be valid and effective unless

agreed to by all the Parties hereto and evidenced in writing.

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14.7 Notices

Unless otherwise stated, notices to be given under this Agreement including but not

limited to a notice of waiver of any term, breach of any term of this Agreement and

termination of this Agreement, shall be in writing and shall be given by hand

delivery, recognised international courier, mail, telex or facsimile transmission and

delivered or transmitted to the Parties at their respective addresses set forth

below:

If to NDMC :

The Commissioner


Commissioner’s Office

4th Floor, Dr. SPM Civic Centre

JLN Marg

New Delhi - 110002, India

If to the Concessionaire:

The Managing Director,

----------------------------,

----------------------------,

----------------------------

----------------------------

Fax No. -----------------

Or such address, telex number, e-mail, or facsimile number as may be duly

notified by the respective Parties from time to time, and shall be deemed to

have been made or delivered

(i) in the case of any communication made by letter, when delivered by

hand, by recognised international courier or by mail (registered,

return receipt requested) at that address, and

(ii) in the case of any communication made by telex or facsimile, e-mail,

when transmitted properly addressed to such telex number or

facsimile number.

14.8 Severability

If for any reason whatsoever any provision of this Agreement is or becomes invalid,

illegal or unenforceable or is declared by any court of competent jurisdiction or any

other instrumentality to be invalid, illegal or unenforceable, the validity, legality or

enforceability of the remaining provisions shall not be affected in any manner, and

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the Parties shall negotiate in good faith with a view to agreeing upon one or more

provisions which may be substituted for such invalid, unenforceable or illegal

provisions, as nearly as is practicable. Provided failure to agree upon any such

provisions shall not be subject to dispute resolution under this Agreement or

otherwise.

14.9 No Partnership

Nothing contained in this Agreement shall be construed or interpreted as

constituting a partnership between the Parties. Neither Party shall have any

authority to bind the other in any manner whatsoever.

14.10 Language

All notices required to be given under this Agreement and all communications,

documentation and proceedings which are in any way relevant to this Agreement

shall be in writing and in English language.

14.11 Exclusion of Implied Warranties etc.

This Agreement expressly excludes any warranty, condition or other undertaking

implied at law or by custom or otherwise arising out of any other agreement

between the Parties and any representation by any Party not contained in a binding

legal agreement executed by the Parties.

14.12 Counterparts

This Agreement may be executed in two counterparts, each of which when

executed and delivered shall constitute an original of this Agreement but shall

together constitute one and only the Agreement.

IN WITNESS WHEREOF THE, PARTIES HAVE EXECUTED AND DELIVERED THIS

AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.

SIGNED SEALED AND DELIVERED

For and on behalf of NDMC by:

(Signature)

(Name)

(Designation)

For and on behalf of CONCESSIONAIRE by:

(Signature)

(Name)

(Designation)

In the presence of :1) 2)

2)

97

15 SCHEDULE A 1 CONCESSION AREA DETAILS - CITY ZONE

1. TONNAGE OF MUNICIPAL SOLID WASTE COLLECTED FROM ZONE

Month MSW disposed at Landfill Site (Tons)

February -13 7889

March -13 8562

April-13 7668

May-13 7963

June-13 7089

July-13 8696

August-13 8259

September-13 7610

October-13 8717

November-13 7059

December-13 8653

January-13 8570

TOTAL 96735

Source: NDMC, 2013

2. WARD & COLONY LEVEL DETAILS: can be had from NDMC website:

http://mcdonline.gov.in/tri/ndmc_mcdportal/zonelist.php


98

16 SCHEDULE A 2 CONCESSION AREA DETAILS - SP ZONE



February -13 10795

March -13 10831

April-13 11405

May-13 12484

June-13 11567

July-13 11593

August-13 11501

September-13 11632

October-13 12074

November-13 9738

December-13 10390

January-13 9751

TOTAL 133761

Source: NDMC, 2013




99

17 SCHEDULE A 3 CONCESSION AREA DETAILS - KB ZONE



February -13 10481

March -13 11220

April-13 11291

May-13 10101

June-13 9582

July-13 11825

August-13 11398

September-13 11441

October-13 13325

November-13 11341

December-13 11918

January-13 12892

TOTAL 136815

Source: NDMC, 2013




100

18 SCHEDULE A 4 CONCESSION AREA DETAILS - NARELA ZONE



February -13 4145

March -13 5613

April-13 6503

May-13 5998

June-13 6062

July-13 7930

August-13 10271

September-13 9893

October-13 11058

November-13 10049

December-13 10801

January-13 10578

TOTAL 98901

Source: NDMC, 2013




101

19 SCHEDULE B CONSTRUCTION REQUIREMENTS OF THE EXISTING PROJECT FACILITIES

1.0 General

The Construction Requirements for the Existing Project Facilities as defined in the

Concession Agreement have been specified in this schedule. The Existing Project

Facilities shall be constructed to meet the following requirements:

2.0 Procedure before Commencement of Construction

Prior to commencement of any construction activity, the Concessionaire shall

finalize an implementation plan for the Project (“Implementation Plan”) in

consultation with the Independent Consultant/NDMC. The Implementation Plan

shall, inter alia, include:

(a) A detailed schedule of implementation for putting up and operationalizing the

Project Facilities, which shall specify at least four major milestones;

(b) The Critical Path Method (CPM)/Programme Evaluation and Review Technique

(PERT) charts or similar activity planning technique/ method for monitoring. This

would cover all stages/ aspects of implementation of the Project Facilities including

design and engineering, procurement of materials and equipment, installation,

construction and testing;

(c ) Manpower deployment plan, including the designation of key personnel for the

management and supervision of all Project-related activities. (This would include

the designation of suitably qualified personnel for areas such as contract

administration and supervision, construction management, safety, environmental

management, plant and equipment maintenance, procurement, materials

management and quality control);

(d) A broad method statement for key items (including earth works, concrete

works, structural concrete work, tile work, steel work and stone work etc. with

detailed specifications) setting out the methodology of construction, materials and

construction equipment mobilization/ utilization plans;

(e) Details of the quality assurance and quality control procedures (including

material testing as per CPWD manuals); and

(f) Format of the Project Progress Report giving details of the physical progress in

implementation of the Project Facilities and operations and maintenance activities

undertaken (“Project Progress Report”).

(g) Finalized in consultation with the Independent Consultant/NDMC a method

statement setting out details of the actual methods that would be adopted by the

Concessionaire for the construction of such Project Facilities including details of

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equipment and machinery that would be used, their locations, and arrangements

for conveying and handling materials;

(h) Prior to commencement of construction of any of the Existing Project Facilities,

the Concessionaire shall have:

(a) Obtained all such Applicable Permits as are necessary to commence

construction of such facilities;

(b) Mobilized the requisite resources, personnel and organization

necessary for the same and designated and appointed suitable

officers/ representatives as it may deem appropriate with

responsibility to supervise implementation of the Project and for

exchange of information with the Independent Consultant and

NDMC;

(c) Finalized in consultation with the Independent Consultant / NDMC

quality assurance and quality control procedures to cover all aspects

of the Construction Works so as to ensure the desired quality.

(i) The Concessionaire shall immediately upon commencement of Construction

Works notify NDMC of the same.

3.0 Basic Requirements for Existing Project Facilities

1) The Existing Project Facilities shall confirm to the basic requirements set out

in this schedule and to the MSW Rules.

2) All aspects of design and procurement would be governed by NDMC’s intent

to revamp and upgrade the collection, sorting and transportation system for

handling Municipal Solid Waste in the Concession Area. The approach is

towards providing services to the public of the Concession Area.

3) Development of an integrated collection, storage and transport system for

Municipal Solid Waste in separate components of (i) Biodegradable

Substance and (ii) Non- Bio degradable Substance, and (iii) Recyclables as

per the color coding requirements of the MSW Rules, 2000 .

4) All collection, storage and transportation of the MSW shall be in closed

containers as specified with adequate capacity to hold the deposited MSW

matching with the frequency of collection.

5) The Concessionaire shall design, modify and make available (a) Waste

Storage Depots, (b) Facility Site and (c) Workshop Site in a manner as

detailed in the subsequent sections of this schedule.

4.0 Waste Storage Depots

1) Based on the technical plan section of the Operations Plan, the

Concessionaire shall identify Waste Storage Depots for modifications to

meet requirements laid out in this schedule. The model WSD design

103

submitted with the technical bid and subsequently approved by the NDMC

shall be followed. The design shall ensure that the garbage is always

contained inside the WSD. The gates shall be fixed.

2) The waste collection structures, commonly known as Dhalaos and dustbins,

shall be utilized and be constructed/ reconstructed /modified/ renovated as

per the model Waste Storage Depot design provided in the technical bid and

subsequently approved by NDMC. The 25 m area, if available, surrounding of

WSD shall be paved with cement concrete.

3) Where possible open collection sites being used for waste collection shall

also be utilized and be constructed as per the model Waste Storage Depot

design provided in the technical bid and subsequently approved by NDMC.

At locations where it is not possible to construct WSDs, Concessionaire will

be required to place collection bins of adequate size/ numbers to meet the

requirements as directed by the Independent Consultant/ Engineer-in-

Charge. A suitable concrete platform of adequate size will be required for

placing these bins. But in any case waste shall not over flow/ spill from the

bins.

4) After construction, all model WSDs shall be checked for any improvements

once every month and if any WSDs are found damaged, it shall be

remodeled/repaired as per the model WSD within two weeks’ time. If the

same is not repaired/remodeled within given time, penalty will be imposed

as per the Schedule of Penalties, Annexure 1.

5) The construction and other works planned at the dhalao/dustbin/ open

collection site should be so designed so as to cause no inconvenience to the

public in terms of air, noise and water pollution.

6) The Waste Storage Depots should be so constructed to allow for the

segregated storage of MSW in independent sections to store MSW as

specified in Clause 3.0 of this schedule.

7) The Waste Storage Depots should so designed so as to be

a. Aesthetic,

b. Covered and with adequate natural light & ventilation

c. Allow for convenient and safe dropping of waste by generators of

MSW.

d. Allow for easy cleaning & disinfections operations.

e. Not allow stray cattle, other animals and birds to have access to the

waste

f. allow for convenient and safe loading/unloading of MSW

g. To allow for easy monitoring by Independent Consultant / NDMC

officials.

8) The Waste Storage Depots and storage facilities should be designed so that

the MSW is not put on the floor and enables mechanical lifting.

9) The Waste Storage Depots should be designed to allow for easy

identification of segregated compartments as specified in section 3.0 of this

schedule, or have independent bins for dropping segregated waste by

104

generators of MSW/ workers involved in waste handling.

10) The segregated sections should be coded and marked as specified in the

MSW Rules.

11) In case sorting of MSW is undertaken at the Waste Storage Depots,

adequate arrangements including sorting table (for mechanized or manual

use) and implements used for sorting such as magnets, sieves etc should be

made available to the workers.

12) The Concessionaire may utilize the earmarked outer portion of the faces of

walls of the Waste Storage Depots for advertising strictly as per the details

given below.

13) At transfer station/ workshop premises/ WSDs/ Vehicles/Bins,

advertisements and posters as per advertisement policy of the department

will be allowed to be placed by the concessionaires subject to depositing the

advertisement tax as per rule with the NDMC and also adjust the tipping fee

proportionate to the revenue generation to the advertisement. The

advertisement policy of MCD/NDMC is available on web site

http://mcdonline.gov.in/departmentdocs/OUTDOOR%20ADVERTIEMENT%2

0POLICY.pdf

14) Advertisements displayed shall not protrude beyond the walls and roof of

the WSD/ or facility.

15) Each WSD shall have a unique ID no. and it must be displayed on every WSD

along with the name and phone numbers of the attendants, supervisors,

zero garbage time, WSD waste capacity, complaint redressal cell phone no.,

e-mail ID, facebook log in details etc. on the main exposed wall of the WSD.

The information shall be mentioned in a particular format and a font size of

adequate size (preferably 3 feet x 4 feet) so that it is easily legible while one

is passing through the adjoining road. The display should be on a yellow

plastic board with black color font and backlit illumination.

16) The Bidder shall take notice of the waste generation of the area before

remodeling the existing dhalao to WSD. WSD of adequate capacity should be

constructed so that it must accommodate waste of one day capacity or

Concessionaire shall arrange for more frequent removal of waste, but

Concessionaire must ensure zero garbage at the zero garbage time and at no

time the waste shall be seen lying scattered around the WSD. While

remodeling Concessionaire shall ensure optimal utilization of the existing

space available. The maximum height allowed for construction however is

14 ft. max. The 25 m area surroundings the WSD, if available, shall be paved

with cement concrete.

17) Before taking any construction work or any repair/ remodeling work of

existing dhalao or any facility, the Concessionaire shall inform the NDMC

and IC at least three days in advance in writing so that the work of

construction/remodeling/repair can be monitored by them.

18) The Concessionaire shall take photograph of existing dhalao or any facility

before starting construction work or any repair/ remodeling work and also



105

the photograph must be taken after the construction work or repair/

remodeling work so as to contrast between the changes brought about by

such construction work or repair/ remodeling work. The photographs must

be submitted to the NDMC/IC within three days of completion of such work.

If the work is of long duration, intermediate photographs showcasing the

progress of the work shall also be taken and submitted by the

Concessionaire to NDMC/IC.

19) There should be proper lighting arrangement in the Waste Storage Depot.

For this, no generator set will be used. The electric connection from the

competent authority and payment of all the dues shall exclusively be the

responsibility of the Concessionaire.

20) Any change in the numbers and location of Waste Storage Depots during the

Operations Period will require prior written permission from NDMC.

21) In case NDMC requires any change in the location of Waste Storage Depots

during the Operations Period, the Concessionaire may be asked to provide

for the same. If asked, the additional cost to the Concessionaire, related to

construction of new Waste Storage Depots would be borne by NDMC after

the additional cost for the construction of the new Waste Storage Depot/s

has been verified by the Independent Consultant/ NDMC.

5.0 Waste Transfer Facility Site

The Facility Site shall comply with the following requirements:

1) The boundary wall (with a height of at least 2.0 meters above the nearest

road level) for the Facility Site should be constructed before it is put to use

so that it does not cause any nuisance to the public.

2) The construction and other works planned at the Facility Site should be so

designed so as to cause no inconvenience to the public in terms of air, noise

and water pollution.

3) The civil structures constructed with in the Facility Site should be aesthetic,

allow for convenient and safe loading/unloading of MSW, easily cleaning

and disinfections operations and allow for adequate natural light &

ventilation.

4) All Applicable Permits for construction on the Facility Site would be

obtained by the Concessionaire as per Applicable Law.

5) If the Facility Site is used as recycling center/transfer station and if

temporary storage of MSW is planned, the storage facilities should be so

designed so as to allow for easy identification of segregated MSW. The

segregated sections should be marked as specified in the MSW Rules.

6) Under no condition should MSW be stored beyond 24 hrs at the Facility Site.

6.0 Workshop Site

1) Based on the Operations Plan, the Concessionaire shall modify the

106

Workshop Site to meet requirements laid out below:

a. The design layout for the modifications at the Workshop Site should be

such that it allows for systematic use of designated parking of vehicles,

easy right of way for in and outbound vehicles and separate sections for

repair and maintenance of vehicles.

b. The Workshop Site should be designed to upgrade the current status of

the buildings and equipment handed over to the Concessionaire at the

time of handover.

c. The maintenance of the Workshop Site should be at par with Good

Industry Practice and should have all arrangements to meet emergency

situations such as fire hazards as per Applicable Law.

d. The building and sheds in the Workshop Site should be painted annually

and annual repair and maintenance operations should be carried out.

7.0 Procedures during Construction

1) The Concessionaire shall:

a. Ensure that the construction/rehabilitation of the Existing Project

Facilities is undertaken with minimal inconvenience to the public;

b. Take precautions to avoid inconvenience, damage, destruction or

disturbance to any third party’s rights and properties;

c. Be in compliance with the Applicable Laws and Applicable Permits

obtained for the Project including the clearances obtained by NDMC;

d. Adhere to the Operations Plan of the Project ;

i. Deploy adequate number of qualified and competent

personnel having relevant experience and skills.

2) Positions and Levels

a. The Concessionaire shall be responsible for:

i. The correctness of the positions, levels, dimensions and

alignment of all parts of the Construction Works;

ii. The provision of all necessary instruments, appliances and

labour in connection with the foregoing responsibilities;

b. If, at any time during execution of the Construction Works, any error

is noticed in the position, levels, dimensions or alignment of any part

of the Construction Works, the Concessionaire, on being asked to do

so by the Independent Consultant or NDMC, shall at his own cost,

rectify such errors to the satisfaction of the Independent Consultant.

3) Tests

a. Various quality control Tests would be undertaken as per the

Construction Requirements and standards prescribed by Bureau of

Indian Standards. Where no Testing methods are specified by the

said standards, details of the Tests to be carried out and

specifications to be achieved for the respective Existing Project

Facilities/ Construction Works or part thereof shall be agreed upon

107

with the NDMC/ Independent Consultant prior to construction;

b. Where material properties of the Existing Project Facilities/

Construction Works vary from or comply only marginally with the

specifications contained in this schedule and Operations Plan, the

Independent Consultant may increase the frequency of Testing as

appropriate at the cost of the Concessionaire.

c. The Tests would be carried out at a location that the Independent

Consultant may reasonably require, at the cost and expense of the

Concessionaire.

d. The Concessionaire shall provide such assistance, labour, electricity,

fuels, stores, apparatus and instruments as are normally required for

examining, measuring and testing any materials or plant and shall

supply samples of materials, as required by the Independent

Consultant to undertake Tests.

4) In connection with the construction of the Existing Project Facilities, NDMC/

Independent Consultant may from time to time require:

a. Removal/substitution of any material, equipment or machinery

which, in its opinion, do not meet the standards specified in this

schedule from the construction site, within such time as may be

specified in its instructions.

b. Re-execution, of any or part of the Construction Works which in the

opinion of the NDMC/Independent Consultant do not meet the

standards set out in this schedule;

5) The Concessionaire shall mobilize adequate numbers of equipment and

machinery to ensure adherence to the Operations Plan.

8.0 Procedures after Completion of Construction

Upon completion of construction but prior to issue of the COD, the construction site

shall be cleared of all construction equipment, surplus materials, debris and

temporary installations and shall be left in tidy and an aesthetically pleasing

appearance to the satisfaction of the NDMC/Independent Consultant.

108

20 SCHEDULE C DESIGN REQUIREMENTS OF NEW PROJECT FACILITIES

1.0 General

1) The Design Requirements for the New Project Facilities as defined in the

Concession Agreement have been specified in this schedule.

2) The New Project Facilities minimum specifications shall confirm to the

requirements set out in this schedule and to the MSW Rules.

2.1 Overall Design Parameters

1) All aspects of design and procurement would be governed by NDMC’s intent

to revamp and upgrade the collection, segregation and transportation

system for handling Municipal Solid Waste in the Concession Area.

2) The New Project Facilities for the Project shall be designed to enable

segregated collection, storage and transportation of MSW in separate

components of (i) Biodegradable Substance and (ii) Non- Bio degradable /

Recyclable Substance, as per the color coding requirements of the MSW

Rules.

3) All collection, storage and transportation of the MSW shall be in closed,

color coded containers with adequate capacity to hold the MSW matching

with the frequency of collection. No spillage and littering of waste shall be

tolerated and penalties shall be imposed as per Schedule of Penalties,

Annexure 1.

4) The Concessionaire shall design, procure, renovate or construct the New

Project Facilities as listed below to meet the Design Requirements laid out in

this schedule.

3.0 Infrastructure for handling segregated waste

1) Street corner Bins: Based on the approved technical plan section of the

Operations Plan, the Concessionaire shall design, procure and locate street

corner bins to meet the Design Requirements laid down in this section and

should be placed consistently within the Concession Area.

2) The street corner bins would be of standardized international design

conforming to DIN standards (DeutschesInstitutfürNormunge.V.) published

by DIN, or its equivalent, used all over the world for loading/dumping solid

waste, into vehicles by standardized lifting system conforming to DIN or

equivalent system.

3) The capacity of the street corner bins, in the Concession Area should be

arrived at by the Concessionaire after taking into account the quantum of

MSW generated in the concerned location within the Concession Area.

4) The street corner bins could be either produced from high density

109

polythene (HDPE) or should be steel garbage bins made out of steel meeting

Bureau of Indian Standards (BIS) specifications.

5) The material of the street corner bins should be UV stabilized, cold and heat

resistant

6) The street corner bins should be a. Aesthetic,

a. Rigid and Durable

b. Non – absorbent and water tight

c. Chemical and corrosion resistant

d. Rodent proof and easily cleanable

e. Covered and designed to allow convenient and safe dropping of

waste by generators of MSW

7) The street corner bins may be provided in pairs (two bins placed next to

each other) with one bin designated to store Biodegradable Substance and

the other to store Non-Biodegradable Substance/Recyclables.

8) The design of the street corner bins should be such as to restrict stray cattle

and other animals (like dogs, pigs etc) and birds to have access to the waste

stored in it.

9) The telephone numbers, e-mail ID, facebook page ID, f the Complaint

Redressal Centre are to be clearly reflected on all street corner bins.

a. The street corner bins should be colour coded and marked as

specified in the MSW Rules, also ensuring easy monitoring by

Independent Consultant / NDMC and easy identification of

independent street corner bins.

4.0 SETTING UP FLEET & LOGISTICS INFRASTRUCTURE

4.1 Transport vehicles

a. Based on the technical plan section of the Operations Plan, the

Concessionaire shall design, procure and make available colour

coded transport vehicles to meet the Design Requirements to meet

the requirement of the concession area which includes unauthorized

area/ market area/ congested areas/ slum/ resettlement colonies/

authorized regularize colonies/village abadies/ malls/ bulk

generators/ open land/ open dumping sites etc. Fleet requirements

shall take into account the factors like increase in waste generation,

road conditions and traffic conditions etc.

b. The transport vehicles and the transportation system should be so

designed to minimize manual loading and unloading of MSW from

110

vehicles. The transport vehicles and the loading system should be

designed so that the loading and unloading operation is mechanized.

c. The transport vehicles should be designed with tipping arrangement

for carrying waste in covered, closed vehicles or vehicles compatible

to carrying containerized MSW.

d. The transport vehicles should be so designed that they enable

segregated transportation. For these separate vehicles for

Biodegradable Substance and Non-Biodegradable/Recyclable

Substance should be used.

e. For the project new vehicles for transportation and loading of waste

complying with the emission standards of NCT of Delhi shall be

introduced. The vehicles shall be registered with Delhi Transport

Authority. The transport and loading vehicles approved by the Delhi

State Transport Authority under Applicable Law confirming to rules

and regulations prescribed in this respect from time to time or by

any other concerned statutory and competent authorities, regarding

use of fuel or pollution control or any other modification shall be

used.

f. All transport and loading vehicles shall be fitted with GPS Vehicle

Tracking and Monitoring System. The Concessionaire shall provide

one terminal to NDMC and one terminal to IC for its monitoring at a

suitable place as decided mutually. The monitoring cell for

supervision by NDMC and IC may be required to be constructed by

the Concessionaire at Facility site or any other site as decided

mutually. The monitoring cell shall be equipped with all the office

requirements that is Tables, Chairs heating and cooling system along

with conveniences etc.

g. All transport and loading vehicles shall also be equipped with a

communication network, either two way communication wireless or

mobile phone system.

h. The Concessionaire shall ensure that each transport vehicle is

inspected and cleared for use by the NDMC/ Independent Consultant

before they are put into operation, and thereafter at periodic

intervals (not exceeding an year) as may be indicated by the NDMC/

Independent Consultant, to check their adequateness and their

conformity with the specifications laid out in the technical plan

section of the Operations Plan.

4.2 Loading equipment

a. Based on the technical plan section of the Operations Plan, the

Concessionaire shall design, procure and make available loading

equipment and other related equipment/ implements to meet the

Design Requirements specified in this section.

111

b. The loading system should be designed so that the loading and

unloading operation is mechanized.

c. The Concessionaire shall ensure that each loading equipment is

inspected and cleared for use by the NDMC/ Independent Consultant

before they are put into operation, and thereafter at periodic

intervals (not exceeding an year) as may be indicated by the NDMC/

Independent Consultant, to check their adequateness and their

conformity with the specifications laid out in the technical plan

section of the Operations Plan.

5.0 Facilities for Complaint Redressal

a. Based on technical plan section of the Operations Plan, the Concessionaire

shall provide the following facilities for the complaint redressal mechanism

to meet the Design Requirements specified in this section.

b. The design of the complaint redressal mechanism should be such that it

allows for establishment of standard protocol to address customer

complaints. A possible procedure for implementing the same is outlined

below. However, this method is indicative and the Concessionaire is

expected to design their own mechanism, in consultation with the

Independent Consultant/NDMC to meet the desired objectives.

c. Establish a “Complaint/GrievanceRedressal Center” at the transport

workshop in the Concession Area which would have a minimum of three (3)

operational dedicated phone lines for receiving customer calls/complaints.

The telephone numbers of the Complaint Redressal Center, its e-mail ID,

Facebook log in details, website address are to be clearly reflected on all

Waste Storage Depots, street corner bins and transport vehicles. Penalties

for illegible numbers on the WSD, the transport vehicles shall be imposed as

per Schedule of Penalties, Annexure 1.

d. A web site for uploading of complaints with the facility of uploading

photographs etc. by the complainant shall also be developed by the

Concessionaire. This shall be a link of the main web site developed by the

Concessionaire. The Concessionaire shall also post the details of the work

carried out by it along with the photographs to clearly demonstrate that the

complaint has been addressed with in specified time limit. This procedure of

attending the complaints i.e. posting the details of the work carried out by it

along with the photographs to clearly demonstrate that the complaint has

been addressed with in specified time limit shall also be followed for the

complaints received from all other means.

e. An SMS conveying the complaint no. to the complainant must be conveyed

immediately after receipt of complaint in case cell phone number of the

complainant is available. Complainant shall also be intimated by SMS that

the complaint received has been attended immediately after the action is

completed on the said complaint.

112

f. Repeated complaints for the same WSD/ vehicle by the same complainant

shall be identified and permanent solutions for these complaints shall be

devised. In case the complaint for the same WSD/vehicle is received 15

times a month, penalty will be imposed. In case complaints for the same

WSD/ vehicle by the same complainant continues for more than six months

termination notice may be served.

g. Establish wireless communication network between “Complaint Redressal

Center” and the supervisory field staff of the Concessionaire.

h. The “Complaint Redressal Centre” shall be kept operational Monday

through Saturday between 9 A.M to 6 P.M.

i. The complaints received for sanitation/ waste removal/ cleanliness of

surroundings of WSD have to be redressed within six hours if the complaint

is received by 1500 hours. Complaints received after 1500 hours shall be

preferably attended on same day but in all circumstances these must be

attended by 900 hours next day.

6. Tests

a. Various quality control Tests would be undertaken for testing the New

Project Facilities as per the Design Requirements and standards prescribed

by BIS. Where no testing methods are specified by the said standards,

details of the Tests to be carried out and specifications to be achieved for

the respective New Project Facilities shall be agreed upon with the

Independent Consultant prior to COD

b. The Tests would be carried out at a location that the Independent

Consultant/ NDMC may reasonably require, at the cost and expense of the

Concessionaire.

c. The Independent Consultant/NDMC may from time to time require removal

of any material, equipment, machinery which, in its opinion, do not meet

the Design Requirements specified in this Schedule and Operations Plan.

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21 SCHEDULE D 1 LIST OF EXISTING PROJECT FACILITIES

1. NAME OF THE ZONE: City Zone

2. Ward Name and Nos.

Sl No.

Zone Name Ward Name (Ward No.)

1 City Zone Ballimaran (86) 2 City Zone Bazar Sita Ram (83) 3 City Zone Chandni Chowk (80) 4 City Zone Jama Masjid (79) 5 City Zone Kuanch Pandit (82) 6 City Zone Minto Road (81) 7 City Zone Qasabpura (88) 8 City Zone Turkmaan Gate (84)

3. WASTE TRANSFER FACILITY SITE DETAILS

The detailed particulars of the Facility Site have been given in

Schedule E.

4. WORKSHOP and PARKING SITE DETAILS

The detailed particulars of the Workshop Site have been given in Schedule

F.

5. LANDFILL SITE DETAILS

The detailed particulars of the Landfill Site have been given in

Schedule G.

6. PROCESSING SITE DETAILS

The detailed particulars of the Processing Site have been given in

Schedule H.

114


1. NAME OF THE ZONE: Sadar Paharganj Zone

2. Ward Name and Nos.

Sl No. Zone Name Ward Name (Ward No.) 1. Sadar pahar ganj Bazar Sita Ram (83) 2. Sadar pahar ganj Deputy Ganj (76) 3. Sadar pahar ganj Idgah road (85) 4. Sadar pahar ganj Kishan Ganj (75) 5. Sadar pahar ganj Modal Basti (90) 6. Sadar pahar ganj Pahar Ganj (89) 7. Sadar pahar ganj Ram Nagar (87) 8. Sadar pahar ganj Shastri Nagar (73)



Schedule E.



F.



Schedule G.



Schedule H.

115


1. NAME OF THE ZONE: Karol Bagh Zone

2. WARD NAME AND NOS.

Sl No. Zone Name Ward Name (Ward No.) 1. Karol Bagh Zone BaljeetNagar (93) 2. Karol Bagh Zone Dev Nagar (92) 3. Karol Bagh Zone East Patel Nagar (95) 4. Karol Bagh Zone Inder Puri (151) 5. Karol Bagh Zone Inderlok Colony (74) 6. Karol Bagh Zone Karam Pura (100) 7. Karol Bagh Zone Karampura (100) 8. Karol Bagh Zone Karol Bagh (91) 9. Karol Bagh Zone Kirti Nagar (97) 10. Karol Bagh Zone Manasarovar Garden (98) 11. Karol Bagh Zone Moti Nagar (99) 12. Karol Bagh Zone Naraina (152) 13. Karol Bagh Zone New Ranjit Nagar (96) 14. Karol Bagh Zone Poosa (150) 15. Karol Bagh Zone Rajendra Nagar (149) 16. Karol Bagh Zone West Patel Nagar (94)


The detailed particulars of the Facility Site have been given in Schedule E.



F.


The detailed particulars of the Landfill Site have been given in Schedule G.


The detailed particulars of the Processing Site have been given in Schedule H.

116


1. NAME OF THE ZONE: Narela Zone

2. WARD NAME AND NOS.

Sl No. Zone Name Ward Name (Ward No.) 1. Narela Zone Alipur (3) 2. Narela Zone Bakhtawarpur (4) 3. Narela Zone Bankner (2) 4. Narela Zone Bawana (28) 5. Narela Zone Begumpur (27) 6. Narela Zone Karala (29) 7. Narela Zone Mundaka (30) 8. Narela Zone Nangloi Jat West (31) 9. Narela Zone Narela (1) 10. Narela Zone Nilothi (32)



Schedule E.



F.



Schedule G.



Schedule H.

117

25 SCHEDULE E DESCRIPTION OF THE WASTE TRANSFER FACILITY SITE

Sr.

No.

Zone Waste Transfer

Facility Site

Area of

Facility

Facility

Status

Remarks

1. City Zone

2 SP Zone

3. KB Zone

4. Narela

Zone

*Facility Locations and the area will be informed at the Pre-Bid Conference.

118

26 SCHEDULE F DESCRIPTION OF THE WORKSHOP AND PARKING FACILITY SITE

Sr.

No.

Zone Workshop and Parking

Facility Site

Area of

Facility

Facility

Status

Remarks

1. City Zone

2 SP Zone

3. KB Zone

4. Narela

Zone

*Facility Locations and the area will be informed at the Pre-Bid Conference.

119

27 SCHEDULE G DESCRIPTION OF THE LANDFILL SITE

Sr.

No.

Zone Landfill Facility Site Area of

Facility

Facility

Status

Remarks

1. City Zone SLF Bhalswa on GT Karnal

Road

40 Acres Active

2 SP Zone SLF Bhalswa on GT Karnal

Road

40 Acres Active

3. KB Zone SLF Bhalswa on GT Karnal

Road

40 Acres Active

4. Narela

Zone

SLF Bhalswa on GT Karnal

Road

40 Acres Active

120

28 SCHEDULE H DESCRIPTION OF WASTE PROCESSING FACILITY

Sr.

No.

Zone Waste Processing Facility

Site

Area of

Facility

Facility

Status

Remarks

1. City Zone Waste to Energy at Okhla

STP, Okhla

Active

2 SP Zone Waste to Energy at Okhla

STP, Okhla

Active

3. KB Zone Waste to Energy at Okhla

STP, Okhla

Active

4. Narela

Zone

-

121

29 SCHEDULE I LIST OF NEW PROJECT FACILITIES

Pursuant to the Concessionaire’s obligations and based on the technical plan

section of the Operations Plan, the New Project Facilities to be procured are

listed below.

S Category New Project Facility

No.

1 Infrastructure for handling a. Street corner bins

segregated waste

2 Fleet and logistics infrastructure a. Transport vehicles

b. Loading equipment

3 Command control response

Mechanism

a. Complaint/Grivence handling cell

b. IT Cell (Web site)

c. Vehicle Tracking and Monitoring

Cell

4 Monitoring Cell for IC Establish Office, necessary

Computers and Furniture etc.

5. Monitoring Cell for NDMC

Establish Office, necessary

Computers and Furniture etc.

6. *Waste Transfer Facility Develop Waste Transfer Facility as

per design, construction and O & M

requirements

7. *Workshop and Parking Facility Develop Workshop and Parking

Facility as per design, construction

and O & M requirements

8. *Modern Waste Storage Depots Develop Waste Storage Depots as

per design, construction and O & M

requirements

* If facility is already existing in some Group/Zone, then it need to be designed/

constructed/ reconstructed/ renovated to meet the Design, Construction and O &

M Requirements of this Concession Agreement.

122

30 SCHEDULE J OPERATION AND MAINTENANCE REQUIREMENTS

SECTION 1: GENERAL

Based on the technical plan section of Operations Plan, the Concessionaire shall

undertake the Project in compliance with the O&M Requirements laid out in this

schedule.

1.1 Service Goal

It is NDMC’s goal to improve the existing standards of public health, sanitation and

environmental quality through the provision of an efficient waste collection and

transportation service in its jurisdiction.

1.2 Basic Services

During the term of this Concession, the Concessionaire shall collect, transport and

deliver MSW at the Designated Landfill Site or Processing Site on a daily basis (all 365

days in an year), in accordance with this Concession Agreement, and shall be solely

responsible to provide necessary staff and equipment, in a manner consistent with this

Agreement and considered Good Industry Practice to the satisfaction of the

Independent Consultant and the NDMC.

SECTION 2: O&M REQUIREMENTS FOR THE PROJECT

2.1 Infrastructure for handling segregated waste

Pursuant to the Concessionaire’s obligations in Article 6 of this Agreement, the

Concessionaire shall implement the Project in accordance with the O&M Requirements

specified herein.

2.1.1 Street corner bins

Based on technical plan section of the Operations Plan, the Concessionaire shall

operate and maintain the street corner bins to meet the O&M Requirements specified

in this section:

a) The clearing schedule of street corner bins should ensure that the waste is lifted at

least once every 24 hrs or earlier.

b) There should be no overflowing of MSW at any point of time from the street corner

bins, due to inadequate bin capacity planning or non-lifting. However, the waste

collection bins needs to be cleaned at least once in 24 hours.

c) Cleanliness of surrounding area: The Concessionaire should ensure that the area within

5 meters radius around the street corner bins, is kept clean at all times.

d) The street corner bins should be kept clean in pleasing aesthetic condition, however, it

123

must be washed/cleaned and disinfected at least once every week. Penalty for non-

compliance shall be imposed as per Schedule of Penalties, Annexure 1.

e) Street corner bins need to be maintained so that there are

i. No breakages

ii. No cracks

iii. There is no toppling of bins

iv. No dislocation of covers

g) The bin coding and the telephone numbers of the Complaint Redressal Cell as specified

in Design Requirements in Schedule C should be clearly visible and repainted as often

as required to maintain clear visibility of the same.

h) Formats for the inspection & maintenance records shall be finalized in consultation

with the Independent Consultant, and the same shall be documented.

i) The compliance with Operation & Maintenance Requirements specified in this section

shall be evaluated as specified in the Compliance and Tolerance Criteria in the

Annexure 1 of this Concession Agreement.

2.1.2 Waste Storage Depots

Based on the technical plan section of the Operations Plan, the Concessionaire shall

operate and maintain the Waste Storage Depots to meet the O&M Requirements laid

out in this section.

a) The clearing schedule of the Waste Storage Depots should ensure that the

Biodegradable Substance stored in the Waste Storage Depots is transported out at

least once every 24 hrs. But Concessionaire has to ensure that there is no overflowing

of waste at any point of time, and the waste is well contained in the WSD. Penalty for

non-compliance shall be imposed as per Schedule of Penalties, Annexure 1.

b) The clearing schedule of the Waste Storage Depots should ensure that the Non

Biodegradable Substance stored in the Waste Storage Depots is transported out at

least once every 24hrs But Concessionaire has to ensure that there is no overflowing of

waste at any point of time, and the waste is well contained in the WSD. Penalty for

non-compliance shall be imposed as per Schedule of Penalties, Annexure 1.

c) Cleanliness of surrounding area: The Concessionaire should ensure that there 25

meters radius around the Waste Storage Depots is clean at any point of time. Penalty

for non-compliance shall be imposed as per Schedule of Penalties, Annexure 1.

d) Each worker involved in waste handling must wear uniforms, gloves, masks, aprons &

other adequate safety gear & implements. Penalty for non-compliance shall be

imposed as per Schedule of Penalties, Annexure 1.

e) Each WSD shall have a unique ID no. and it must be displayed on every WSD along with

the name and phone numbers of the attendants, supervisors, zero garbage time, WSD

waste capacity, complaint redressal cell phone no., e-mail ID, facebook log in details

etc. The information shall be mentioned in a particular format and a font size of

adequate size so that it is easily legible while one is passing through the adjoining road.

124

The display should be on a yellow plastic board (preferable size 3 feet x 4 feet) with

black color font and backlit illumination. Penalty for non-compliance shall be imposed

as per Schedule of Penalties, Annexure 1.

f) The Concessionaire shall allow free access to NDMC ‘swachata karamcharis’ and other

personnel and generators of MSW to deliver the MSW at the Waste Storage Depots.

g) The Concessionaire shall allow free access to the Independent Consultant, any other

person authorized by NDMC, officials of the Central Pollution Control Board, Delhi

Pollution Control Committee and any other government enforcement agency for

inspection at any time without notice.

h) The advertisement put on the outer walls of the Waste Storage Depots should not be

violative of any of the provisions of Applicable Law. Such advertisement shall not

contain obscenity, shall not hurt the religious sentiments of the people and shall not be

a disturbance to safe traffic movement. The advertisement must adhere to the

guidelines as per Advertisement Policy of MCD/NDMC available on web site

http://mcdonline.gov.in/departmentdocs/OUTDOOR%20ADVERTIEMENT%20POLICY.pd

f

i) Painting and regular maintenance of the Waste Storage Depots should be carried out at

least twice every year. Penalty for non-compliance shall be imposed as per Schedule of

Penalties, Annexure 1.

j) All operations & maintenance records shall be maintained and kept throughout the

Concession Period, and be made available upon the request of the Independent

Consultant or the NDMC or by any authorized agency as per Applicable Law. Formats

for such records shall be finalized in consultation with the Independent Consultant, and

the same shall be documented.

k) The compliance to Operation & Maintenance Requirements laid out in this section shall

be evaluated as specified in the Compliance and Tolerance Criteria in Annexure 1 of this

Concession Agreement.

2.1.3 Waste Transfer Facility Site

Based on the technical plan section of the Operations Plan, the Concessionaire shall

operate and maintain the Facility Site to meet the O&M Requirements specified in this

section.

a) The workers engaged in handling MSW at the Waste Transfer Facility Site should be

provided with adequate safety gear in the form of uniforms, gloves, masks, aprons &

suitable implements as laid out in the Compliance and Tolerance Criteria in Annexure 1

to this Concession Agreement.

b) All operations at the Waste Transfer Facility Site should be carried out in accordance

with Applicable Law.

c) The Waste Transfer Facility Site should have safe working conditions for all persons

working in and around the said site as per Good Industry Practice.

d) Painting of the Waste Transfer Facility Site structures should be carried out at least

once every year.



125

e) Routine maintenance activities should be carried out at least once every year such that

there are no breakages or cracks.

f) Operations & maintenance records (including log books, stock of implements & other

materials and their issue, register of issue of uniforms & protective gear) shall be

maintained and kept throughout the Concession Period, and be made available upon

the request of the Independent Consultant or the NDMC. Formats for such records shall

be finalized in consultation with the Independent Consultant, and the same shall be

documented.

g) The compliance with O&M Requirements laid out in this section shall be evaluated with

reference to the Compliance and Tolerance Criteria in the Annexure 1 of this


2.2 Fleet & logistics infrastructure

Pursuant to the Concessionaire’s obligations in Article 6 of the Agreement, the

Concessionaire shall operate and maintain the fleet and logistics infrastructure to meet

the O&M Requirements specified in this section.

2.2.1 Workshop Site


operate and maintain the Workshop Site to meet the O&M Requirements specified in

this section.

a) The Workshop Site should have all the facilities for staff as per Good Industry Practice

and Applicable Law.

b) Regular maintenance and painting of the Workshop Site should be carried out at least

once every year.

c) The staff deployed at the Workshop Site should be provided with uniforms and

adequate safety gear in the form of uniforms, gloves, masks, aprons & suitable

implements as laid out in the compliance and tolerance criteria in Annexure 1 to this


d) The operation of the Workshop Site should be carried out as per the Applicable Laws.

e) Operations & maintenance records of the vehicles and other facilities at the Workshop

Site shall be maintained and kept throughout the Concession Period, and be made

available upon the request of the Independent Consultant or the NDMC. Formats for

such records shall be finalized in consultation with the Independent Consultant, and

the same shall be documented.

f) The compliance with O&M Requirements specified in this section shall be evaluated

with reference to the Compliance and Tolerance Criteria in the Annexure 1 of this


126

2.2.2 Transport vehicles


operate and maintain the transport vehicles to meet the O&M Requirements laid out in

this section.

a) Washing/cleaning and disinfection of the transport vehicles must be carried out at least

once a week as per a schedule which should be available, at least one week in advance,

with the Independent Consultant / NDMC for inspection and verification.

b) All vehicles should comply with the fuel emission norms as per the Applicable Law.

c) The drivers of the transport vehicles shall carry the following papers and any other as

per Applicable Law:

- Driver's license

- Registration certificate of the vehicle

d) All the drivers and helpers operating the transport vehicles should be provided with

uniforms and adequate safety gear in the form of uniforms, gloves, masks, aprons &



e) The maintenance of the transport vehicles should be good so as to prevent break down

of the vehicles in accordance with the Compliance and Tolerance Criteria in Annexure 1


f) All transport vehicles employed should contain

- Vehicle controls and dashboard displays

- Lamps and lighting, blinker systems

- Reflective devices at the back and sides

- Rear view Mirrors

- Occupant protection

- Seat belts

- Windshield mounting, wiping, and washing

- Emergency equipment (fire extinguishers, spare tires, etc).

g) The telephone numbers of the Complaint Redressal Centre shall be indicated on all the

transport vehicles and repainted as often as required.

h) Vehicle Tracking and Monitoring System:

- The Vehicle Tracking and Monitoring System (including vehicle mounted units and the

control terminal) shall be procured and installed on the transport vehicles by

Concessionaire.

- The Concessionaire shall ensure that the system is operational at all times. The

operating costs of this system shall be borne by the Concessionaire.

- The Concessionaire shall train the staff required for the purpose and ensure that all the

reports apart from the routine reports as specified by IC/ NDMC from time to time are

generated and compiled.

- The reports related to the Vehicle tracking and Monitoring system should be duly

verified by the Independent Consultant and should be submitted with the monthly

tipping fee statement in accordance with Article 8 of The Agreement.

127

- The compliance with O&M Requirements specified in this section shall be evaluated



i) Operation & maintenance records (including log books of vehicles, stock of implements

& other materials and their issue, register of issue of uniforms & protective gear) shall

be maintained and kept throughout the Concession Period at the location normally

used to park such transport vehicles or such other location where maintenance records

are kept, and be made available upon the request of the Independent Consultant or

the NDMC. Formats for such records shall be finalized in consultation with the

Independent Consultant, and the same shall be documented by the Concessionaire.

j) A fitness certificate for each transport vehicle should be prepared by the

Concessionaire by the end of first month of every calendar year and given to the

Independent Consultant for verification.

k) The compliance with O& M Requirements specified in this section shall be evaluated



2.2.3 Loading equipment


operate and maintain the loading equipment to meet the O&M Requirements specified

in this section.

a) The loading equipment should be either placed on roadworthy vehicles or if the loading

vehicles are used then such vehicles should be roadworthy as approved by the

competent authority in accordance with Applicable Law.

b) The loading vehicles must be kept clean all the times, however, washing/cleaning and

disinfection of the loading equipments/vehicles must be carried out at least once a

week.

c) The drivers of the loading vehicles shall carry the following papers and any other as per

Applicable Law:

- Driver's license

- Registration certificate of the vehicle

d) All the workers operating the loading equipments/vehicles should be provided with

uniforms and adequate safety gear in the form of uniforms, gloves, masks, aprons &



e) The telephone numbers of the Complaint Redressal Centre shall be indicated on all the

loading equipment/vehicles and should be repainted as often as required.

f) Operation and maintenance records (including log books, stock of implements & other

materials and their issue, register of issue of uniforms & protective gear) shall be

maintained and kept throughout the Concession Period at the location normally used

to park such vehicles/equipment or such other location where maintenance records are

128

kept, and be made available upon the request of the Independent Consultant or the

NDMC. Formats for such records shall be finalized in consultation with the Independent

Consultant, and the same shall be documented by the Concessionaire.

g) A fitness certificate for each loading equipment/vehicles should be prepared by the

Concessionaire by the end of first month of every calendar year and given to the

Independent Consultant for verification.

h) The compliance with O&M Requirements specified in this section shall be evaluated



SECTION 3: SERVICE REQUIREMENTS

3.1 Collection and Transportation Standards


undertake the Project to meet the service requirements relating to collection,

segregation and transportation in this section.

a. The Concessionaire shall ensure that there is no spillage of MSW during its

transportation to the Designated Landfill Site/ Processing Site/ Facility Site.

b. The MSW transportation shall be transported without exposing it to the open

atmosphere/ public view.

c. Dumping of the MSW on floor should be avoided while collection and storage.

Under special circumstances dumping of MSW on the floor may be allowed by

NDMC.

d. The compliance with O&M Requirements laid out in this section shall be

evaluated with reference to the Compliance and Tolerance Criteria in the

Annexure 1 of this Concession Agreement.

3.2 Special Collections / Clearings

3.2.1 NDMC may direct the Concessionaire for MSW collection and clearing of Waste Storage

Depots / street corner bins more frequently than daily cleaning on special occasions

provided that such directions are received by the Concessionaire at least 6 hours before

the time when the clearing is required.

3.2.2 Such direction from NDMC has to be in a written form or by e-mail mentioning the time

and place of clearing and is to be duly verified by the concerned person from the EMS

Department of NDMC.

3.2.3 The maximum number of such directions that can be entertained by the Concessionaire

in a month shall be 5% of the total number of vehicle trips during the previous month

from the Concession Area.

3.2.4 The Concessionaire shall be paid for the tonnage of such waste cleared in the manner

specified in Article 8 of the Agreement.

3.2.5 The Concessionaire shall ensure that there is no spillage of MSW at the loading point

and during transportation to the Landfill Site

129

SECTION 4: COMPLAINT REDRESSAL

4.1 Based on technical plan section of Operations Plan the Concessionaire shall

operate the complaint redressal mechanism to meet the O&M Requirements specified

in this section.

4.2 Establish a coding mechanism to easily identify the command areas and nodal

officers.

4.3 Establish a standard coding mechanism for all the transport vehicles, MSW

workers, street corner bins, etc, directly related to the coding mechanism of command

areas.

4.4 Establish the hierarchy of command areas, in the Concession Area, and nodal

officers in charge of each command area, so as to ensure that there is no ambiguity or

overlap between the command areas.

4.5 Timings of the Complaint Redressal Centre operated by the Concessionaire

should be from 9 A.M. to 6 P.M,. 6 days a week.

4.6 All complaints related to the Project, received from generators of MSW or

NDMC would need to be addressed within 6 hrs of receiving the complaint failing which

the Independent Consultant/ NDMC will have the right to demand an explanation or

resolution of the complaint to their satisfaction.

4.7 A “complaint redressal log book” should be maintained by the Concessionaire

for the Concession Area containing information including time and date of each

complaint, complaint type, action taken and time taken for compliant redressal shall be

recorded.

4.8 The Concessionaire would be required to submit a monthly complaint and

Redressal record to the NDMC/ Independent Consultant with a summary of complaints

including:

a. Number of complaints during the previous month

b. % of complaints addressed in 6 hours

c. % of complaints not addressed in 12 hours and reasons thereof

d. % of complaints not addressed in 24 hours and reasons thereof

e. Major unresolved complaints if any

4.9 The compliance to O & M Requirements laid out in this section shall be

evaluated as specified in the Compliance and Tolerance Criteria in the Annexure 1 of

this Concession Agreement.

130

31 SCHEDULE K TIPPING FEE

(Amount in Rupees)

Year

Tipping Fee Rate per

tonne

(in figures)

Tipping Fee Rate per tonne

(in words)

1. Tipping Fee = TR*WDF

Where,

TR is the Tipping Fee Rate per tonne

WDF is the actual quantity of MSW delivered at Designated Wsste Facility in tonnes

131

32 SCHEDULE L PERFORMANCE SECURITY

(PROFORMA OF BANK GUARANTEE)1

THIS DEED OF GUARANTEE executed on this ___________day of ________________at

______________________ by _________________________________ (Name of the Bank) having

its Registered office at ____________________________________ hereinafter referred to as “the

Guarantor” which expression shall unless it be repugnant to the subject or context thereof include

successors and assigns;

In favour of

North Delhi Municipal Corporation, a body corporate constituted under the Delhi Municipal

Corporation Act, 1957 (hereinafter referred to as “NDMC”) which expression shall, unless

repugnant to the context or meaning thereof include its administrators, successors or assigns.

WHEREAS

By the Concession Agreement (“the Concession Agreement”) being entered into between NDMC

and ____________, a company incorporated under the Companies Act, 1956, having its registered

office at _____________________________, (“the Concessionaire”), the Concessionaire has been

granted the Concession to implement the project envisaging Collection and Transportation of

Municipal Solid Waste on a long-term Design, Procure, Build, Operate, Maintain and Transfer

(DPBOMT) basis as per MSW (M&H) Rules 2000 (updated to date) for Select Zone/Group under

North Delhi Municipal Corporation (hereinafter referred to as “the Project”).

A. In terms of Article 6.1 of the Concession Agreement, the Concessionaire is required to furnish

to NDMC, an unconditional and irrevocable bank guarantee for an amount of Rs. 30,000,000/-

(Rupees Thirty Million Only) as security for due and punctual performance / discharge of its

obligations under the Concession Agreement, relating to achievement of COD by the

Concessionaire.

B. At the request of the Concessionaire, the Guarantor has agreed to provide bank guarantee,

being these presents guaranteeing the due and punctual performance/discharge by the

Concessionaire of its obligations relating to the Project.

NOW THEREFORE THIS DEED WITNESSETH AS FOLLOWS:

1 To be issued by a Scheduled Bank in India

132

Capitalized terms used herein but not defined shall have the meaning assigned to them

respectively in the Concession Agreement.

1. The Guarantor hereby irrevocably guarantees the due and punctual performance by M/s

____________________ (hereinafter called “the Concessionaire”) of all its obligations relating

to the Project and in connection with achievement of COD by the Concessionaire in

accordance with the Concession Agreement.

2. The Guarantor shall, without demur, pay to NDMC sums not exceeding in aggregate Rs.

30,000,000/- (Rupees Thirty Million Only), within five (5) calendar days of receipt of a written

demand therefore from NDMC stating that the Company has failed to meet its obligations

under the Concession Agreement. The Guarantor shall not go into the veracity of any breach

or failure on the part of the Concessionaire or validity of demand so made by NDMC and shall

pay the amount specified in the demand notwithstanding any direction to the contrary given

or any dispute whatsoever raised by the Concessionaire or any other Person. The Guarantor’s

obligations hereunder shall subsist until all such demands are duly met and discharged in

accordance with the provisions hereof.

3. In order to give effect to this Guarantee, NDMC shall be entitled to treat the Guarantor as the

principal debtor. The obligations of the Guarantor shall not be affected by any variations in the

terms and conditions of the Concession Agreement or other documents or by the extension of

time for performance granted to the Concessionaire or postponement/non exercise/ delayed

exercise of any of its rights by NDMC or any indulgence shown by NDMC to the Concessionaire

and the Guarantor shall not be relieved from its obligations under this Guarantee on account

of any such variation, extension, postponement, non exercise, delayed exercise of any of its

rights by NDMC or any indulgence shown by NDMC, provided nothing contained herein shall

enlarge the Guarantor’s obligation hereunder.

4. This Guarantee shall be irrevocable through out the Concession Period and shall remain in full

force and effect until and unless discharged/released earlier by NDMC in accordance with the

provisions of the Concession Agreement. The Guarantor’s liability in aggregate be limited to a

sum of Rs. 30,000,000/- (Rupees Thirty Million Only).

5. This Guarantee shall not be affected by any change in the constitution or winding up of the

Concessionaire/the Guarantor or any absorption, merger or amalgamation of the

Concessionaire/the Guarantor with any other Person.

6. The Guarantor has power to issue this guarantee and discharge the obligations contemplated

herein, and the undersigned is duly authorized to execute this Guarantee pursuant to the

power granted under ______________.

133

IN WITNESS WHEREOF THE GUARANTOR HAS SET ITS HANDS HEREUNTO ON THE DAY, MONTH

AND YEAR FIRST HEREINABOVE WRITTEN.

SIGNED AND DELIVERED

by ____________________________________Bank

by the hand of Shri _______________________

its __________________and authorised official.

134

33 SCHEDULE M LETTER OF AUTHORISATION

To Whom So Ever It May Concern

Date: _________

This is to confirm that to pursuant to the Concession Agreement dated ________ entered into

between the North Delhi Municipal Corporation and _________________ (“the Concessionaire”),

the Concessionaire has been authorised for ‘Collection and Transportation of Municipal Solid

Waste on a long-term Design, Procure, Build, Operate, Maintain and Transfer (DPBOMT) basis as

per MSW (M&H) Rules 2000 (updated to date) for Select Zone/Group under North Delhi Municipal

Corporation and for that purpose, to apply for and obtain all approvals, licenses and permits

required therein and to avail the utilities such as power, water, telecommunication and any other

incidental utilities or services required in connection therewith.

Yours faithfully,

Executive EngineerI, DEMS


135

34 SCHEDULE N SUBSTITUTION AGREEMENT

THIS SUBSTITUTION AGREEMENT is entered into on this the --------- day of ------------- (Month) ----

(Year) at ------------------------.

AMONGST,

North Delhi Municipal Corporation, a body corporate constituted under the Delhi Municipal

Corporation Act, 1957 (hereinafter referred to as “NDMC”) which expression shall, unless

repugnant to the context or meaning thereof include its administrators, successors or assigns, OF

THE ONE PART,

AND

M/s. ______________, a company incorporated under the provisions of the Companies Act, 1956

and having its Registered Office at ______________________, hereinafter referred to as “the

Concessionaire” (which expression shall unless repugnant to the context or meaning thereof

include its successors and assigns),

AND

YYYY (Financial Institution/ Bank) having its Registered Office/Head Office at ----------------------------

------------------- hereinafter referred to as “the Lender”.

OR

ZZZZ (Financial Institution/Bank) having its Registered Office/Head Office at------------------------------

------------------ acting for and on behalf of the Lenders (hereinafter referred as “the Lenders'

Representative.”

WHEREAS,

NDMC desires to establish an effective, environmentally sound waste collection and

transportation system compliant with all the Rules of the land in select Groups/ Zones through

private participation on a long-term Design, Procure, Build, Operate, Maintain and Transfer

(DPBOMT) basis as per MSW (M&H) Rules 2000 (updated to date) and the same has been

approved by the NDMC Council (hereinafter referred to as “the Project“);

136

A. By the Concession Agreement dated ___________ entered into between NDMC and the

Concessionaire (hereinafter referred to as “the Concession Agreement”) the Concessionaire

has been granted the Concession to implement the Project on DPBOMT basis;

B. With a view to facilitate financing of the Project by the Concessionaire, NDMC and the

Concessionaire have agreed to enter into a Substitution Agreement being these presents with

the Lender/s/Lenders’ Representative.

137

35 ANNEXURE I: COMPLIANCE AND TOLERANCE CRITERIA FOR CONSTRUCTION/ AQUIING OF NEW FACILITIES/ O & M FOR THE PROJECT – SCHEDULE OF PENALTIES

S. No.

Assets /Projects Deliverable /service Standards

Performance Target

Report by the Independent Consultant/ NDMC

Penalty on not meeting the criteria

Issue of “Notice to Remedy‘’ By IC

1. If the Concessionaire fails to commence the work (obtain readiness certificate), with in prescribed Implementation Period

As per Concession Agreement

Any After expiry of implementation period penalty @ Rs. 4,00,000 per day will be charged for a period of maximum 2 months.

If the Concessionaire fails to obtain readiness certificate with in extended period, in addition to the penalty amount, performance security i/c retention money shall be forfeited by NDMC absolutely, in full and work will be taken up by the NDMC at the risk and cost of Concessionaire.

2. If COD is delayed beyond allocated six months period after issue of Readiness Certificate

As per Concession Agreement

Any After expiry of prescribed six months penalty @ Rs. 4,00,000 per day will be charged for a period of maximum 4 months.

Issue Notice for termination if COD not obtained within 4 months after stipulated date of COD.

3. Waste Collection from Concession area only.

No waste collection allowed outside concession area.

Found collecting waste from outside the concession area.

Rs. 500,000/ - per incident + No payment for that particular trip

Issue Notice for termination if incident is reported more than five times during the Concession Period.

4. Deliberate Mixing of Waste 100% Found mixing of other wastes with MSW (e.g. C&D waste or silt or addition of water etc. to increase density)

Rs. 100,000/ - per incident+ No payment for that particular trip

Issue Notice for termination if incident is reported more than five times a month.

5. Non – collection of (all the) waste from dhalaos/ dustbins/ modern waste storage depots (WSDs)/ open collection sites (where waste containers/bins have been placed) at zero garbage hour time slot –

100% If all the waste is not collected during zero garbage hour.

*Rs. 20,000/ -per dhalao/dustbin/ modern waste storage depots WSDs/ open collection sites (where waste containers/bins have been placed)

Issue Notice for termination if reported more than 5 dhalao/dustbin/ modern waste storage depots (WSDs)/ open collection sites (where waste containers/bins have been placed) in a day for any 15 days a month.

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Dhalao/WSD shall have zero waste at this time-absolutely no waste

(*Unless the reason for non cleaning is beyond the control of Concessionaire)

6. To maintain the dhalaos /dustbins (waste storage depots)/ open collection sites (where waste containers/bins have been placed) and its 25 meter surroundings spick and span at all the times.

100% If reported not cleaned.

Rs. 10,000/- per dhalao/WSDs/ open collection sites (where waste containers/bins have been placed)

Issue Notice for termination if reported more than 5 dhalao/dustbin/ modern waste storage depots (WSDs)/ open collection sites (where waste containers/bins have been placed) in a day for any 10 days a month.

7. Stop the intrusion of stray animals in the dhalaos and surroundings covering 25mtr radius.

100% Animals found intruding the waste

Rs. 10,000/- per dhalao/WSDs

Issue Notice for termination if reported more than 10 dhalao/ dustbin/ modern waste storage depots (WSDs) in a day for any 10 days a month.

8. Ensure to man the collection points in order to maintain them in perfect order.

100% If reported not manned – Staff found abstaining at any dhalao/ WSD at any time of the day.

Rs. 5,000/- per default/day.

-

9. All the WSDs should be manned by attendants in uniform with proper badge and Identity cards.

All the staff members including drivers, conductors, equipment operators, workshop staff, cleaners, and supervisory staff shall be in uniform with proper badge and Identity cards.

100% of the inspected.

No Tolerance. Rs. 500/- for each staff member found to be without uniform with proper badge and Identity cards.

Issue Notice for termination if more than 50% of the inspected are without uniform with proper badge and Identity cards for more than 10 days a month.

10. Concessionaire shall upload photographs of all the sites free of garbage daily at zero hour timing at the website developed by the Concessionaire/ NDMC website.

98% If more than 2% reported to be not uploaded by the stipulated zero garbage hour time.

If exceeds more than 2% -

Rs. 10,000/ -per dhalao/WSDs not uploaded in excess of 2%.

Issue Notice for termination if reported more than 50% are not uploaded within zero garbage hour time more than 10 days a month.

11. Road side Dustbins placed in Commercial Areas/ Markets/ High Footfall Areas/Congested Areas/Unauthorized Colonies etc. by Concessionaire not

100%

No tolerance. Rs. 10,000/- for each dustbin/ day from which the waste has not been collected during zero garbage time hour.

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cleaned at zero garbage hour time.

12. Transportation of waste is not carried out in covered vehicles as per MSW Rules 2000. (The waste shall not be visible to the public view while transportation and there shall be absolutely no spilling while transporting the waste.)

100% No Tolerance Rs. 10,000/- for each incident of not meeting MSW Rules, or waste visibility or spilling of waste while transportation.

Issue Notice for termination if more than 10 incidents are reported on a given day.

13. Not cleaning of waste from transfer station at least once during 24 hours.

100% No Tolerance Rs. 20,000/- per day for not cleaning of waste transfer station or waste visibility to public.

Issue Notice for termination if more than 7 incidents are reported on a month.

14. At transfer station/ workshop premises/ WSDs/ Bins advertisements displayed do not meet the criteria of Advertisement Policy of the NDMC/MCD.

100% No Tolerance Rs. 50,000/- per day per WSD/Transfer station/ workshop premises/ vehicle/bin .

Issue Notice for termination if more than 20 incidents are reported on a month.

15. A physical inspection of IC/ NDMC Engineers before pressing the new vehicles into service.

100% No Tolerance Rs. 20,000/- for each incident of not informing and got inspected + Removal of that particular vehicle from the fleet.

Issue Notice for termination if more than 20 such vehicles are reported uninspected in a given month.

16. All the vehicles on road must be kept in good and neat conditions during the concession period

95% of the inspected

5% of the inspected

If exceeds more than 5% of the inspected - Rs. 10,000/ -per vehicle found to be in not good and neat condition.

Issue Notice for termination if more than 25% vehicles are reported to be in not good and neat condition on 10 days in a given month.

17. The transportation vehicle (used for waste collection and transportation to designated waste disposal facility) shall be fitted with Geographic Positioning System (GPS) and GSM (Global System for Mobile Communication).

100% No Tolerance Rs. 10,000/- for each vehicle per day + Removal of that particular vehicle from the fleet.

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18. Land provided for setting up of transfer station/ workshop/ parking facility shall be utilized for awarded project only.

100% No Tolerance Rs. 1,00,000/- for each incident of misuse reported + Legal action

Issue Notice for termination if more than 2 such incidents are reported during the calendar year.

19. Annual maintenance of Waste Transfer Station / Loading Points as per CA. (annual year will be counted from the day of issue of COD)

100% No Tolerance. Rs. 10,000/ -per Transfer station per day in excess of one year.

20. Annual maintenance of Parking Site / Workshop Site as per CA. (annual year will be counted from the day of issue of COD)

100% No Tolerance. Rs. 10,000/ -per Parking Site / Workshop Site per day in excess of one year.

21. Bi-annual maintenance of WSDs as per CA.

(First day will be counted from the day of issue of COD)

100% No Tolerance. Rs. 5000/ -per WSD per day in excess of six months.

22. Bi-annual review of fleet requirement/ loading vehicles/ equipments and / or its implementation.


100% No Tolerance. Rs. 50,000/ -per day on non submission of review of fleet requirement/ loading vehicles/ equipments and / or its implementation.

Issue Notice for termination if not done within one year.

23. Bi-annual review of bins requirement and / or its implementation.


100% No Tolerance. Rs. 50,000/ -per day on non submission of review of bins requirement its implementation.

Issue Notice for termination if not done within one year.

24. Bi-annual review of

personnel/ staff

requirement and its

implementation.

(First day will be counted

from the day of issue of

COD)

100% No Tolerance Rs. 5,000/ -per day on non submission of review of personnel/ staff requirement and / or its implementation.

25. Non-operational/ Non-responsive Control Room/ Complaint cell at the space provided by NDMC or otherwise (may be at workshop/parking facility) to monitor the movement of every vehicle by using

100% No Tolerance. Rs. 25,000/- per day for non-operation for five days.

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Geographic Positioning System (GPS) or GSM (Global System for Mobile Communication)

26. Not attending of *Complaint (regarding sanitation/ cleaning of dhalao/ open site/ street corner bin/surrounding etc.) within set time frame of 6 hours or non-informing of complainant about complaint redressal within set time limit or non-posting of pictures of the redressed complained location on the web site.

(*Complaints received after 15.00 hours shall be attended by 9.00 hours next day or penalty to be imposed as per this clause.

*Complaint regarding repair of WSDs/ broken bins are to be redressed within 15 days)

100% No Tolerance. Rs. 5,000/- per complaint per day Rs. 10,000/ per day in excess of three days if the complaint stays pending.

27. Not redressal of complaint regarding repair and maintenance of dhalao/ WSDs / street corner bin) within 15 days time.

Dhalao/ WSDs / street corner bin found damaged during any inspection must be redressed with in 15 days.

100% No Tolerance. Rs. 10,000/- per complaint per day in excess of 15 days.

Issue Notice for termination if any complaint stays pending for more than 3 month. Or if 10 complaints stay pending for over two months continuously or if 25 complaints stay pending for more than one month continuously.

28. In case the complaint for

the same WSD/vehicle is

received 15 times a month

100% No tolerance Rs. 1,00,000/- every such complaint. This is in addition to the regular penalty for non-attending of complaint as per procedure.

Issue Notice for termination if any such complaint continues for six months.

29. To make necessary

arrangements for collection

of additional quantity of

MSW/ Waste being

produced during festive

season(s) or any other

100% No Tolerance Rs. 5,00,000/ per day till the arrangement is made.

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events at various location(s)

(for specific period) as per

directions of Engineer-in-

Charge in entire concession

area.

30. Running awareness

program as per Concession

agreement.

100% No Tolerance Rs. 1,00,000/ per day for every delay as per schedule.

31. Non submission of daily

report as per prescribed

format to IC and NDMC.

100% No Tolerance Rs. 25,000/ per day for every delay in reporting.

32. If the dustbins placed in the

markets, heavy foot fall

area etc. by the

Concessionaire are not

maintained as per the O &

M schedule.

100% No Tolerance Rs. 2,000/- for each dustbin/ day for not maintaining as per O&M schedule.

33. Hand back of facilities at the

completion of the

Concession period or at the

time of termination.

100% No Tolerance Rs. 5,00,000/- per day till handed over.

34. If any of the member of the

Consortium do not meet

the shareholding criteria as

per the Concession

Agreement.

100% No Tolerance Lodge criminal complaint against the Concessionaire including blacklisting.

Issue Notice for termination if such incident is reported.

35. If any of the member of the

Consortium or the

Individual Bidder submits

any false documents to

qualify the bid and is

subsequently found to be

fraudulent and false.

100% No Tolerance Lodge criminal complaint against the Concessionaire including blacklisting.

Issue Notice for termination if such incident is reported after signing of Concession Agreement.

If found before signing CA forfeit the Proposal Security and Performance Security, if deposited.

If found before submission of Performance Security forfeit Proposal Security.

36. Non maintaining of web site

as set in the CA. (if the

information loaded is

incomplete, in terms of any

aspect including loading of

photographs etc. - it shall

be treated as not-

maintained)

*Site will be allowed to stop

If not maintained for rest of 23 hours of the day.

No Tolerance Rs. 20,000/ per default in excess of permitted one hour, in case done without written permission of the NDMC.

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for maintenance one hour

at middle of the night.

37. Display of necessary

information at every WSD/

dhalao as set out in CA.

100% No Tolerance Rs. 10,000/- per WSD per day

38. If the waste density is beyond 550 Kg/cum for non-compacted waste vehicles and 700 Kg/cum for a compacted waste vehicle, the waste will not be accepted at the Waste to Energy.

100% No Tolerance If any vehicle is rejected then the penalty at the rate of Rs. 20,000/- per such vehicle, and Concessionaire shall unload the same at landfill facility by paying the tipping fee as charged from private vehicles/ other departments as prevalent at that time.

Issue Notice for termination if the practice of overweighing continues for more than 50 vehicles a month for continuous 3 months.

39. In case notice of termination is issued on any of the above, and after review of the remedial cure submitted in writing by the Concessionaire in response, NDMC will be at liberty to withdraw part or whole of the concession area apart from the penalties imposed and other remedial measures available with the department. The Concessionaire shall be bound to handover the peaceful possession of the project facilities in the part of the concession area taken back by the department.

DRAFT CONCESSION AGREEMENT NORTH DELHI ...mcdetenders.com/tnduploads/mcd/pressnotices/PRSN710.pdf1...

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