Lehapul Madi tina} oe : 7 C0 I Date. 26.07.2004, Sub : Execution of Dra Agreement (Not involving level crossing), Ref: This office letter of even No. dated 30, 4.04. With above cited reference, drat apeement(format 1 & U) for constuction of ROB on BOT concept ( not spine L-xng bad been sent 0 you. Howerer he draft iezcement (format 1 & 11) has been modifed and the same is enclosed herewith for your information and Necessary action please. Itis advised that the agreement wil be executed on a Stamp paper of Rs. 1001. All the pages used for signing the agreemeat wll be BRI I (B.K. Jha) SEN(Design) For General Manager(W) DA: Format | & I Ny dome ulna Scanned by CamScannerOrigin el FORMAT-1 \NDARD AGREE! Stal ‘MENT FORMAT FOR EXECUTION WITH STATE Govr CONSTRUCTION OF ROAD OvER BRIDGES/UNDI OPE! NSFER (B,0,7,) BASIS Ne IEOFLEVEN ceo (OT IN LIUE OF LEVEL CROSSING. Build Operate & Transfer) ty ma — entered me si al of (month) Two thousand voit nie | ie side of India acting through the General tb Bec, ible Wai Depnnent ar ace Fn Whereas the i ities lindo oe of surface Transport have decided to grant concession to the pe Entepene Sonstruct the Road’ Over Bridges/Under bridges on BOT basis to 7 as the Rail ly Administration it i a he for construction of such Road Over Bridges/Under oie la aceae ti has now been agreed between partes as follows A) The panty in the first part shall ‘On payment of the amounts mentioned here under provide all facilities and assistance for early completion of the project involving construction of Road Over Bridges/Under bridges and their completion within the period stipulated under the agreement. 2) Provide al asistance tothe Entrepreneur for maintenance and management ofthe Road over bridges / under bridges during concession period and facilitate realization of fees as agreed in the concession Agreement (B) The party in the second part agree:- ar agreement and to pay the charges for preparation thereof om an ie wished al asi of Rs 100, whichever is more and stamping charges subject torecoery being s pr Stamp Actas may be in fore ofthe time of exesution, oe fications including temporary arrangements, if any, 2 eed draving er Railway Administration prior to inclusion inthe bid ae Govt or sper pod fr exsatn, No adonaeratonneiaton ment wal of Railway : Mdawing ete. stall be made without prior appro in the approved plans! Administration. way ofall contruction work of bridge proper across 3) To supervsion/consm eel ber raed of plan and estimate charges, supervision existing/utre Ray ont te Railay in advance so the mses Wn charges as pet the co yoceated {Pim for supervision of actual construction. charged organization seule ‘Arndan/IDRROU AGREEMENT Nharges sh the estima Shall be 2% ang D&G (0; ae = (Pieton 4 Seen lr sal le; * , Permenalcare) i te bndge neg es If the bridge is Biome chen t Railsags on behalf of the supervision charges rec ia tt 15 ust Ce he bu Sie aa charges (Here 2% PRE chy sin sie tt Y tant depart thageg CE SHE deed aban State Govt. / Private Cost of bridge as estimated Railway State Govt/ Private Entepees Sal Ibsequently applicable on final No work shall be allo as indicated above are Iself ra approved by Railway if estimated by Not be a matter of dispute The D&G charges I est of construction of bridge proper wed to be stan 4 in Railway deposited wish itways y land unless the necessary payments, To ensure advance payment of the entire i cost f ors cs say require to be cepted by fa S11 play and inden wr ta 4 for the pu f cleaning the site for constuction of ROB/RUB,. Tres ude shifting of signaling and electrical insullatons or P.Way or any other sutures, which the Ralvay mv serodet hecessary either in the beginning or subseacently during the construction of ROB'RUB The charges would inch 0st of such works, the freight charges, DAG charges, ete. as Per codal provision. ‘The codal charges shal be payable athe ats indicated in para 3b & 3c on the estimated cost ofthe bridge if the work is done by the Railway. To award work of road over/under bridges to only such contractors, as ae technically le of carrying out bridge works’under trai ranning condition, In case where the coma hhas not carried out the bridge work, under train running condition, he will be asked to employ an engineer having adequate experince to supervise the bridge work under such conditions i ‘rai running conditions with of without speed 8 Te say oe ate ate eles orang sped tio wwametionstraffic Dor ibjeet 16 the availability of engineering tine allowance for blocks as per requirement condiions. However, incase of delay on this tat rou ar ae eigrieatc condos pcan Ray wil ot be PUL GUE. oss whatsoever 10 the State Govt/Private Enieprencur sib {or any sision of the Railway regarding rm the Railways on this account Decision of ean blocks will be final. po during the construction of ROB/RUB, ofall safety ‘norms that 7 To ase pm i ue anid may be it 3 Mw ‘Rana IORIROL AGREEMENTand inspection of the Railway on Entrepreneur at their cost under the supervision h Railways 6.25% of the maintenahez we State Govt /Private Entrepreneur shall pay to the Cost as sy ection purpose of levy of these, charges 1 Supervision and inspect : charges, he Tmuin: tion char; ‘or the jot capitalized of te THainienance cost shall Be taken as not Tess than ¢ | Rathays eri dosnroms, ropet_wvhich may be revised by i tms,_These charges shall be deposited by the State Govt. / qanae Entteoreneur fully in advange. Un eae state Gov. vans Ralvays to carry out maintenance during lease period, they shall pay 30% of capitalized ofthe completion ost as maintenance charges and 12.5% of the maintenance cost as supervision and inspection charges. By maintenance it will ‘be understood that it involves ordinary day- to- day maintenance. However, in case any major repaits are required, the cost of the same, and the supervision charges, shall be bome by the State Govt/Private Entrepreneur, Decision of the Railways regarding maintenance works required shall be final and will not be a matter of dispute i) ‘That Rly.’s liability for maintenance of bride proper, aller leaseflicense period is over, will be limited to 2-lane wide ROB/RUB oly, The entire bridge proper will be maintained by Railways and State Govt. will pay to the Railways maintenance charge attributable to additional width, These charges shall be 30% capitalized (increased by 12.5%) of the completed cost of additional width of ROB/RUB, liable to be revised without further notice. Railway shall demand payment of these charges on capitalized basis as per rules. Via) To ensure maintenance of bridge proper, road surface including sanitation, lighting drainage, dewatering during lease/license period by the State Govt (Entrepreneur to the p satisfaction of the Railway Administration. i Railway against all claims for compensation under the workman's ‘maintenance repairs, renewals, etc. il fications, Indian Roads Congress (IRC) codes. MOST aap proper as well as for emporary works. These designs shall be me ‘i necked by reputed ConsultanVEngy, Institution before the same are ni ona for approval, Railvay's decision reguding modificauons tothe icnaes eee shall be final and binding on the State Govt/Pnvate eerste fand sbail not be a inatter of dispute snl NeduavDRKOG AGREEMENT Scanned by CamScanney1s) To pay interest at the rate of 1 Administration under any of the y '0% per annum on all sums payable to the Railway ‘month from the date of demand lerms & conditions of these present, if not paid within a in writing by the Railway Administration. 6) That in metropolitan/urban areaslor other location, where land is scarce and costly, Se a normally on stits in Railway land. All other areas where Decision will be take ilway muy consider solid earthtill approaches in Railway land. en by the Railways on case-o-case basis as per the prevailing site conditions and requirement of the Railway ys and shall be binding upon the state Govt IPWD or Authorised Representative/Private Entrepreneur sa 11) Toobtain approval from Railway for any addition or alteration and modification during execution. Certain special works, vz, sifting of cables signaling posts. OHE structures including catenary/contract wires in electrified section shifiing of gate lodges, gate, closure of level crossing gate for temporary diversion if any pipeline or any other structure/installation within Railway boundary shall be done normally by Railway themselves Entrepreneur shall deposit in advance expenditure to be incurred for such work together with D&G charges at the rate of 12.5% with the Railways, 18) That Railway shall have the absolute authority to stop the work if at any point of time it js noticed or considered that execution of work is not progressing as per approved ‘Speme (Plan) oF as per Directives issued {rom time to time, The dession to permit sermumencement of the work again afer rectification wil est with Railways + State Govt. (PWD or authorized representative) Entrepreneur shall carry ® cao alte the maintenance shortfalls as pointed out by Railway during schedule cua son ae well as special inspection of bridge carsed ou from me US, failing save Railway shall cary ou such work atthe cost of State Govt Entrepreneur. «saiee a an acknowledgement of the ownership of the Central ten a a wa road oFos ‘600! per ygar up Yo two lane centreprengpt stall sont ne | riders efor than wo lane andlor oossing tragks ang RS vcks Ralvey FH and payaent of thes charges on capitals more than fA? mw Ts np res @ \ove-per annum. ‘Seanned'by CamScanneryo DE charges shall be payable in advan B ngs lh rb ans inc permissible while calculating the advance eq iv al Merease of 10% in value of land would he as variation vis-i-vis actual increase us ‘ D Securities would be ical. 10 yeurs annual charges, anual suined Adjustinents needed because wanpaned fom Dist Calor er rates notified by local development authorities. Sea eee woud be enue nt at ve ne af te payment of srerease should be on the basis, or the ext 19 years. The caleutalion of annual weed pt 200) way leave charge and not on minimum charges ‘That after the leasellicense periadAroement pe for commercial exploitation ofthe space beinw aryrasshex i wes Treilities ereated ‘| hes, ifany falling in the Railway Jand together with bridge proper will revert b; ye ee revert back 10 the Rail furue. earings will accrue to the Railvays and: Rllwavs toe ze of the cost and all ‘i ye th ight Wo commercially exploit or use for any other} lbs exploit 0 any olher” purpose, the spuelstticires bel ‘paoashes fling nRalvay und wndSleGorenime wittaresoelamece ‘will have no claims on it Toensure that only that type of traffic, for which permitted to move on the bridge, No-urilat entrepreneur such as increase in the thickness should have the prior approval ofthe Central Rs = bridge bas been designed, would be change ghatl be carried out by the Ue road surface, Any sich change ‘To pay to Central Railway the cost of making 90d & fo properly due to improper drainage, use ot for autributed to the presence of the road Ovet/uider Bridge, All nzessary precautions would be when Fromply by the, Entrepreneur a dresteé by te Ratlvay A@minisation fom Wine to time in oer to prevent such occurences Sarnuge oF fay otter reasor 36 to Railway tack Thatit would, be ensured, by the Entrepreneur th athe structures are in sound and_ well maintained condition atthe time of handing oves to Central Railway, ‘To eamui hat Entreprenoo sail carr oi wok clos lo vetead! exsnmens in canary tention, ony. during permitedisiricled period granted by Raliwoys 0 ‘nominated days and stipulated time. ‘Granting.of such shut down periods of powertaffic blocks will solely depend upon train wafic a ‘Entrepreneur shall not have any right or claim for sych shut down period c nian all relevant record including T repreneur shall carry out and maintain ites ie quality contre! carried out. in the laboratories of IIT of Engine i alle ‘or testing laboratones of 1h ‘Vigilance and Quality Canto eitsles af Cae Gon. al us ‘own cost and such zezord shall be made available for inspection ‘Whenever demanded by Railways: toad test of PSC girderigirder in Railway Er wr shall ‘carry out oh Scanned by Cam +—32) te, To pay oF ensure pay : ; sym stipulated in this a, ci Centra Railway on de receiving the intimation j » Payable by the Ente "mand, all the ‘Outstanding dues as agree to fulfill, on beta ©8Se, The Govemmen Sie Govt. within 15 days of Railway, whi ° the fsa also ly, Which emain uncomplie by the Ene = those liabilities towards Cental : ut at eal ret any CUB OF difference or di mment and Central Railway Adminge ru’ that may arise between the State these presents of a ile ca stration a to the true intent or meaning of doubt or difference shat te Tefered vo nent etn mentioned, every such dispute, their decision thereon shalt be final and the Railway Board (Ministry of Railways) and onclusive and binding on both parties That the term Central Raih : Iway shall also inclu decided by th : a le any successor Railway as may be bythe ministry oF Rallways,Rellway Board, Garena of India ‘To incorporate in their agreement witht, covering Enepenurs ron ne ERNE es con mns/ stipulations: is agreement Subject as otherwise: ‘Provides in this ag the president of union of rcement all notices to be given/taken on behalf of d Todia and Ratlvay Administation and all other actions to be taken on its behalf may be given or taken: Officer (Construction) or by the Chief Engineer or Chief Administrative Divisional Railway Manager or any other officer nominated by these officers, 33) Subject as otherwise provided in this agreement all notices tobe giver/taken on behalf of the State Government of... cc... and all other actions to be taken will be given or taken on behalf of State Govt Signed by Signed by Central Railway For and on behalf of For and on behalf of the president Governor of India. Union of India Signed in presence of Signed in presence of ) D) . 2) 2 ‘Abmbany/SDR/ROB AGREEMENT Scanned by CamScanner