NORTH DELHI MUNICIPAL CORPORATION (Remunerative Project Cell) 16th Floor, Civic Centre Minto Road, New Delhi-110002 Tel.No.23226602 No. DC/RP Cell/2015/D-476 Dated: 14.08.2015 AUCTION NOTICE In order to allot vacant parking sites of North DMC to highest bidders on temporary basis by way of open auction, the Committee constituted for the purpose will meet on 21.08.2015 at 02:00 P.M. in the Conference Room at 25th Floor, Civic Centre, Minto Road, New Delhi-110002, to hold the Auction. All the eligible bidders are invited to participate in the auction process. The terms & conditions of the existing parking policy and the last RFP shall apply accept that there shall be no tender document fee. The bidder should deposit are Rs. 40000/- by way of DD drawn in favor of Commissioner, North Delhi Municipal Corporation, for each parking site. After been accepted successful bidder by the Committee, the bidder to pay the three months Bid MLF+TCS within 3 working days . All the concerned are therefore requested to attend the Auction at the aforementioned time & venue. Encl:-1. List of parking sites for Auction Along with Minimum Reserve Price 2. Terms & Conditions of Auction. 3. Terms & Conditions of NIT-03/2015 dated 26.06.2015. Sd/Assistant Commissioner (R.P. Cell)/NDMC Page 1 of 48 Terms & Conditions of “Allotment of North Delhi Municipal Corporation Authorized Parking Sites on Temporary basis on Payment of Advance Monthly Licence Fee for 03 months extendable up-to next 03 month period” 1. Eligibility for participation in the Auction. (a) Any adult citizen of India / partnership firm / public limited company / private limited company / consortium firm (of not more than 03 entities with the condition that one should be principal entity with more than 50% stakes in the consortium)/ registered society / registered co-operative society / registered marketing association / registered RWA capable of entering into license agreement, who has / have cleared all up to date outstanding dues of erstwhile MCD / North DMC , if any, shall be eligible to participate in the auction for allotment of parking sites on license basis as per terms and condition of this auction. (b) Any individual / partnership firm / public limited company / private limited company / consortium firm / registered society / registered co-operative society / registered marketing association / registered RWA whose license has been cancelled / black listed / debarred in the past by any Central / State Govt. department all over India, if any, or any of its partner / proprietor / director / member have been blacklisted for breach of terms and conditions of the agreement, shall not be eligible for offering bids and the individual / partnership firm / Public Limited Company / Pvt. Limited Company / consortium firm/ registered society / registered co-operative society / registered marketing associations / registered RWAs shall be required to furnish an undertaking to this effect before taking over the possession of the parking site. (c) Any person/ party/ firm or registered parking contractor who is disqualified or ineligible to participate in the tender/auction according to the aforesaid conditions shall not be qualified to offer the bids in the name of its associate concern subsidiaries/ principals/ front and the commissioner/authorized officer on his behalf may declare the bidder disqualified on this ground, if he is of the opinion that the said bidder is acting in collusion with for the benefit of any other party who would have been disqualified to participate in tender/auction of his own. (d) The bidder shall deposit Rs. 40,000/- per parking site to participate in the auction in the form of DD in favour of Commissioner/North DMC payable at Delhi. (e) The successful bidder must submit the Bank Account No., Statement having details of last three years, residential & office proof , detail of the company partnership firm / public limited company / private limited company / consortium firm / registered society / registered co-operative society / registered marketing association / registered RWA as given in registration certificate given by the registrar of company. He must also give is balance sheet, as applicable , for last three years as the case may be, before taking over the possession of the parking site. (f) The successful Bidder shall execute an agreement with the North D.M.C in the format to be supplied by the North D.M.C on a non-judicial stamp paper of Rs. 50/- duly attested by 1st Class Magistrate or Oath Commissioner, to be purchased and provided by the said Bidder before taking over the possession of the parking site. 2. Duration of License : The license will be for duration of three month with effect from the date of handing over the site Page 2 of 48 to the licensee but the same is extendable up-to next 03 months (maximum period of 06 months) subject to satisfactory performance of the licensee. Satisfactory completion implies that there should not be any dues pending against the contractor. However, if the allottee/ licensee continue to operate the site after expiry of period, he shall be liable to pay to the corporation the misuse/damages charges @ double the monthly license fee for such period of unauthorized occupation. 3. Monthly License Fee: (a) The successful bidder/ Licensee shall deposit, advance three months MLF+TCS (at the rate as applicable) within 03 days (three days) from the date of declaring successful in the auction. The advance three months licence fee will be paid by way of DD (payable to Commissioner, North DMC) payable at Delhi. In case further extension is sought three months MLF+TCS will be deposited before 03 days of expiry of previous three months. For instance, if the allotment letter is issued on 9th of September-2015 for three months, the licensee shall deposit next three month advance MLF by 06th of December-2015 vide a demand draft drawn in favour of Commissioner, North DMC. (b) In no way, monthly license fee be retained by the contractor, failing which, the same shall be treated as breach of contract and make the temporary allotment liable for cancellation. (c) Advance deposition of Three Months License Fee (MLF) does not create any right or lien in favour of the parking licensee to use and operate the parking for the said term. In case violation of any terms & conditions is noticed at any stage, whatsoever, the parking license will be liable for cancellation. (d) The licensee shall inspect the parking site which will be given on ‘as is where is’ basis and may obtain necessary clarification, if any, regarding the same to his full satisfaction. The licensee shall acquaint himself/ herself of all the local conditions and the parking sites conditions. 4. Taxes and Duties The Licensee, and their Personnel shall pay such direct/ indirect taxes, duties, fees, and other impositions levied under the Applicable Laws of India. TCS u/s 206 C (IC) of IT Act 1961: As per the provision of section 206C (IC) inserted by the Finance 9 no. 2) Act, 2004 w.e.f. 01.10.2004 of Income Tax 1961, the Licensee shall be required to deposit TCS @ as applicable along-with surcharge and Education cess on license fee as applicable from time to time. The liability of all applicable taxes cess and fee or which may be made applicable due to change in Law or whatever reason shall vest with the Licensee being service provider at the rates notified/ revised by the Govt. of India or any agencies from time to time. The liability to pay the service tax rests on the parking contractor and he/she will pay the service tax to the GOI and accordingly his/ her quotation of MLF should be made taking this into account. 5. Rates:- Page 3 of 48 The licensee shall be required to ensure that the following parking charges / fee for various categories of vehicles shall be charged during the period of contract:DURATION CAR TWO WHEELER- SCOOTER/ MOTORCYLCE ETC. Up-to 01 hour Rs. 20/- Rs. 10/- Beyond 1 hour to 5 hours Rs. 10/- per hour (subject to Rs. 5/- per hour (subject to max. (for every additional hour or part max. Rs. 50 for five hours) Rs. 25 for five hours) Beyond 5 hours & up-to 10 hours Rs. 10/- per hour (subject to Rs. 5/-per hour (subject to max. ( for every additional hour or part max. Rs. 100 for ten hours) Rs. 50 for 10 hours) Beyond 10 hours Rs. 10/- per hour (subject to Rs. 5/- per hour (subject to max. (for every additional hour or part max. Rs. 200 for 24 hours) Rs. 100 for 24 hours) Monthly Rs. 1500/- Rs. 500/- Duration Tempo (allowed only in Bus/ Truck/ other equivalents thereof) thereof) thereof) parking under flyovers or parking set up for the tempos) Up to 2 hour Rs. 60/- Rs. 80/- Up to 5 hour Rs. 90/- Rs. 120/- 5 to 10 hour Rs. 200/- Rs. 300/- 10 to 24 hour Rs. 300/- Rs. 500/- Monthly Rs. 6000/- Rs. 9900/- Parking Charges will be inclusive of Service Tax to be paid by the Licensee. Revised rates are applicable with effect from 1st November 2014. Important Instruction: a) The buses / tempo / HMV / LMV shall not be allowed to be parked at the parking sites, where it has not been specified. b) The licensee shall install / maintain computers, wherever feasible, with uninterrupted power backup, at his own cost, at entry & exit points of the parking site to ensure proper and undisputed monitoring the duration of time of the vehicle parked for charging the parking fee from the owners of these vehicles and also for keeping the record of the vehicles parked. c) The licensee shall charge the parking charges only in conformity with the prescribed rates. d) Official/Sticker label vehicle of all the three Municipal Corporations, Govt. Of NCTD and Govt. Of India, Hon’ble MPs, Hon’ble MLAs (Govt. of NCT of Delhi) & Municipal Councillors of all the three Corporations of Delhi and accredited journalists shall be allowed free parking. The contractor must issue free parking slips for these vehicles. e) North DMC reserves the right to revise the parking charges during the currency of the agreement. In case of revision in parking charges, the license fee paid by the licensee shall stand revised in the same proportion for the remaining period of the license. f) As per the orders of the Hon’ble High Court of Delhi dated 11.02.2015 in the matter titled “Vinod Kumar Bansal V/s Govt. of NCT of Delhi & Ors”, all the parking contractors are to make necessary arrangements for reserving the parking space most suitable for persons with disability and in sufficient numbers after assessing the need and also to display a board giving the name & phone No. of the persons with whom the complaint with respect to misuse of the said reserved parking spaces to be lodge. Page 4 of 48 6. Sign Board:1. The licensee shall display an illuminated glow-sign board (size 6 ft. X 4 ft.) at the entrance and exit points of the parking site showing prominently there upon the following details:(Iron angle with GI sheet, blue background with white letter and North DMC logo, along-with the map of parking site). AUTHORIZED NORTH DMC PARKING SITE Name & Address of the Zonal Office Name of the Licensee (With Regn.NO,if Any) License Number & Period of Validity ( With Dates) Address & Contact number of the Parking Contractor E- Mail ID of the Parking Contractor Name & Contact number of the Supervisor Number & Name of Workers Employed Area Police Station & Contact Number Area of Parking in Sq. Mtrs. Category of Vehicles allowed Zero Parking Hours Parking Charges NB : -1. In case of any difficulty/ problem/ complaint please contact the area police station and/or DC/AC (RP Cell) North DMC at 16th Floor, Civic Centre, Minto Road, New Delhi110002. Phone No. (011-23226602 or send e-mail to North DMC at adc-rpcndmc@mcd.gov.in. 2. Complaint Register/ Box available with __________________________________ 3. Vehicle parked beyond yellow line will be towed away by the Traffic Police or by the North DMC treating it as encroachment on Public Land. (b) Beside the display board, the Licensee will be required to display a board at the conspicuous space at the parking lot carrying the following message and logo of the North DMC, as per the design and colour as may be provided by the North DMC:-“THIS PARKING LOT BELONGING TO North DMC IS BEING MAINTAINED BY _________________________________. IN CASE OF ANY DEFICIENCY OR COMPLAINT, PLEASE CONTACT AT TELEPHONE NO. 011-23226602 OR SEND E-MAIL TO North DMC AT adc-rpc-ndmc@mcd.gov.inOR PARKING LICENSEE AT …………………………….” (c) In case the parking is full, parking licensee shall provide a board at the entrance displaying ‘PARKING IS FULL, KINDLY SEEK ALTERNATE PARKING’ at his own cost, in order to avoid any inconvenience to the intending visitors to the parking lot. 7. (A) Penalty Clause:-Major & Minor Violation & Penalties thereon That the licensee shall abide by terms and conditions of this agreement and all rules and regulations, orders, instructions that North DMC may from time to time make or adopt or issue for the care, protection and administration of Parking and if violation in this regard is noticed on the part of licensee, the penalties leviable as noted below will be imposed. S.No. Description of Irregularities Penalty Page 5 of 48 1. Staff not in uniform/ without ID card Un- clean premises and improper housekeeping Rs. 500/- per violation/ irregularity Vehicle checking appliances not available in the parking Non-maintenance & unavailability of complaint register 2. Use of unapproved parking slips and not using hand-held device for issuing slips Rs. 1000/- per violation/ irregularity Misbehaviour by parking staff 2. Non-display of Information Board Parking area not marked with epoxy thermoplastic coats 3. Overcharging Rs. 5000/- Encroachment irregularity 4. Parking of Commercial Vehicle, if not permitted Rs. 500/- per vehicle 5. Use of parking space for other than parking purpose Rs. Criminal activity in parking area irregularity per 10000/- violation/ per per violation/ Using space beyond permitted area for parking of vehicles Any other violation will attract a penalty of Rs. 500/-. Violations noticed through CCTV coverage would be treated as ample proof for levy of penalties All activities including day to day inspections will be carried out by any authorized / officer / officials of the Corporation and their decision on fixing penalty shall be final and binding on the licensee. (B) The penalty amount will have to be deposited within 5 days of imposition. Beyond the period of 5 days it will attract interest @ 18 % p.a. (C) The violation(s) are defined as major & minor violations. Major violations will comprise of overcharging, encroachment, non-use of handheld device for issuing parking slips, covering parking area more than permitted, non- display of information board, criminal activity in parking area and use of parking area for other than parking purpose. If the contractor is penalized for committing major violation(s) for more than 3 times, then the contract is liable to be cancelled. 8. Blacklisting and Cancellation of parking site: The licensee, if any time, found overcharging/ cheating or engaged in any kind of malpractices including default in payment of license fee regularly shall be liable to be blacklisted and debarred from further tendering. 9. The total period of temporary allotment will not exceed six months within which RP Cell shall complete the regular tendering process whichever is earlier. 10. The earlier terms & conditions circulated in NIT No-03/2015 dated 26.06.2015 shall also be applicable mutatis-mutandis. I am fully conversant terms & conditions for the temporary allotment of the parking sites of North DMC and unconditionally agree upon all the terms & Page 6 of 48 SN Name of the parking site Zone 1 Church Mission Road City 2 New Mori Gate, Bus Truck Parking Civil Line Vehicle Allowed Car/Two Wheeler Bus / Truck / Min Reserve price Map available in appendix A 1680000 MLUG co ndi tio ns. 1422750 Na me & Address of Parking Contract The list of available parking sites for the auction on short term basis is as under: Page 7 of 48 Tempo 3 4 5 6 7 8 9 10 11 Meena Bazar Telephone Exchange Near Jaipur Golden Hospital Near Police Post ISBT Karam Pura Commercial Complex Parking Outside Around Saroj Hospital Videocon Tower Jhandewalan Radha Mohan Club (Surrendered site) Kotla Road Bal Bhawan Everbake Restaurant to Prabhu Dayal Car/Two Wheeler 295313 Rohini Car/Two Wheeler 13000 Civil Line Karol Bagh Rohini Sadar Pahar Ganj City City Rohini Car/Two Wheeler Car/Two Wheeler Car/Two Wheeler Car/Two Wheeler Car/Two Wheeler Car/Two Wheeler Car/Two Wheeler 225000 191250 100575 92813 90000 67500 50625 16 Z-Block Loha Mandi 17 Tempo Parking Opposite Delhi Stock Exchange 18 Ajmal Khan Part-1 19 Ajmal Khan Part-2 20 Qutab Road Near Sadar Bazar Railway 21 MLUG Model Town-II 22 Jagat Cinema Murga Mkt. City 23 Jeevan Mala Hospital Karol Bagh 24 Bhagirath Palace 25 JD Block Pitampura Rohini Old Rajender Nagar Market Transport Authority Mall Road, in front of Kothi No.10 Commercial Complex Pentamide Hospital Gujrawalan Town East & West Patel Nagar Karol Bagh Car/Two Wheeler Car/Two Wheeler Car/Two Wheeler Car/Two Wheeler Car/Two Wheeler Car/Two Wheeler Tempo Car/Two Wheeler Car/Two Wheeler Car/Two Wheeler Tempo Car/Two Wheeler Car/Two Wheeler Car/Two Wheeler Car/Two Wheeler Car/Two Wheeler Car/Two Wheeler Civil Line Car/Two Wheeler 46000 Civil Line Car/Two Wheeler 26000 12 13 14 15 26 27 28 29 LSC D Block Prashant Vihar Outside Sunder Lal Jain Hospital Around Ajmal Khan Park T-Point, Naraina Inder Puri City Rohini Civil Line Karol Bagh Karol Bagh Karol Bagh City Karol Bagh Karol Bagh Sadar Pahar Ganj Civil Line City Karol Car/Two Bagh Wheeler Page 8 of 48 50625 33750 27844 18750 18750 16875 286000 244000 169000 127000 113000 85000 83000 64000 58000 26000 MLUG 30 31 32 33 34 35 36 37 38 39 40 Railway Reservation Office Rohini Sec-17 Aruna Asaf Ali Hospital Trinagar to Inderlok Metro Station Around M2k Rohini Commercial Complex Bhagwan Mahavir Hospital Pitampura BQ Market Shalimar Bagh Ramesh Nagar Covered drain (New site) LIC Building to Delhi Stock Exchange (Surrendered site) Qutab Road near Tanga Stand (Surrendered site) Sant Nagar Rani Bagh (Surrendered site) Coat Market Jama Maszid Rohini Civil Line Civil Line Rohini Rohini Rohini Car/Two Wheeler Car/Two Wheeler Car/Two Wheeler Car/Two Wheeler Car/Two Wheeler Car/Two Wheeler 26000 23000 19000 13000 13000 13000 Karol Bagh Car/Two Wheeler 4,00,000 City Car/Two Wheeler 90000 Sadar Pahar Ganj Car/Two Wheeler 7,50,000 Rohini Car/Two Wheeler 3,20,000 City Bus / Tempo/ Car/Two Wheeler 5,40,000 Page 9 of 48 North Delhi Municipal Corporation Tender Document for “Allotment of North Delhi Municipal Corporation Authorized Parking Sites on Monthly License Fee Basis” th 26 JUNE, 2015 Date of Issue Issued To (Name & Address) Cost of Tender Document Payment Details DD No. Name of the Bank Branch 26.06.2015 Rs. 1000/- Office of the Deputy Commissioner (R. P. Cell), North Delhi Municipal Corporation, 16th Floor, E1 Block, Dr. SP Mukherjee Civic Centre, Minto Road, New Delhi-110002. Tel. No. 01123226602 Phone No.: 011-2322 6602 Email: adc-rpc-ndmc@mcd.gov.in Page 10 of 48 Date Signature of Issuing person Table of Contents SECTION 1 - INVITATION FOR BIDS ............................................................................................................ 13 SECTION 2 - INSTRUCTIONS TO BIDDERS ................................................................................................... 15 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. ELIGIBILITY & PROCEDURE FOR SUBMISSION OF BIDS .........................................................................................................7 COST OF TENDER DOCUMENT .................................................................................................................................... 16 CONTENTS OF THE TENDER DOCUMENT ........................................................................................................................ 16 AMENDMENT OF TENDER DOCUMENT .......................................................................................................................... 16 LANGUAGE OF BIDS ................................................................................................................................................. 16 DOCUMENTS COMPRISING THE BIDS ............................................................................................................................ 16 MONTHLY LICENSE FEE ............................................................................................................................................. 17 EARNEST MONEY DEPOSIT (EMD)/ BID SECURITY .......................................................................................................... 19 PERIOD OF VALIDITY OF BIDS ..................................................................................................................................... 19 FORMAT AND SIGNING OF BID .................................................................................................................................... 19 REVELATION OF LICENSE FEE ...................................................................................................................................... 19 LOCAL CONDITIONS ................................................................................................................................................. 20 CONDITIONS FOR ELIGIBILITY AND PRE-QUALIFICATION OF BIDDERS ..................................................................................... 20 SEALING AND MARKING OF BIDS ................................................................................................................................. 20 LAST DATE FOR RECEIPT OF BIDS ................................................................................................................................. 20 LATE BIDS ............................................................................................................................................................. 20 ADDRESS FOR CORRESPONDENCE ................................................................................................................................ 20 OPENING OF BIDS BY NORTH D.M.C ........................................................................................................................... 21 CLARIFICATIONS ..................................................................................................................................................... 21 PRELIMINARY EXAMINATION...................................................................................................................................... 21 CONTACTING THE NORTH D.M.C ............................................................................................................................... 21 EVALUATION OF BIDS ............................................................................................................................................... 21 NORTH D.M.C'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS ...................................................................... 22 ACCEPTANCE OF TENDER/ BID: ................................................................................................................................... 22 AGREEMENT TO BE EXECUTED ..................................................................................................................................... 22 REMAINING EMD/SECURITY DEPOSIT / BANK GUARANTEE / FDR....................................................................13 LITIGATION HISTORY ................................................................................................................................................ 22 FRAUD AND CORRUPT PRACTICES ................................................................................................................................ 22 SECTION 3A - AGREEMENT ........................................................................................................................ 24 SECTION 3B – GENERAL CONDITIONS OF CONTRACT (GC) ......................................................................... 26 1 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 2 3 4 5 6 7 8 9 10 GENERAL PROVISIONS .............................................................................................................................................. 26 DEFINITIONS ............................................................................................................................................................2 INTERPRETATION .................................................................................................................................................... 26 LAW GOVERNING CONTRACT ..................................................................................................................................... 26 LANGUAGE ............................................................................................................................................................ 27 NOTICES ............................................................................................................................................................... 27 PARKING SITES ....................................................................................................................................................... 27 TAXES AND DUTIES ....................................................................................................................................................3 FRAUD AND CORRUPTION ......................................................................................................................................... 27 DURATION... OF LICENSE.....................................................................................................................................18 EARNEST MONEY / SECURITY DEPOSIT / BANK GURANTEE / MLF ........................................................................ 18 RESPONSIBILITY OF TENDERER BEFORE OFFERING BID ....................................................................................... 19 ADVERTISEMENT BOARDS / KIOSKS MAY BE ALLOWED BY NORTH DMC ............................................................. 19 ACCEPTANCE OF TENDER / BID ........................................................................................................................... 20 AGREEMENT TO BE EXECUTED ........................................................................................................................... 20 PARKING DETAILS .............................................................................................................................................. 20 TIMINGS ............................................................................................................................................................ 21 RATES ................................................................................................................................................................ 21 IMPORTANT INSTRUCTIONS..................................................................................................................... 22 11 SIGN BOARD ...................................................................................................................................................... 22 12 DUTIES & RESPONISBILITIES OF LICENSEE W.R.T. LIGHTING / ILLUMINATION, CLEANLINESS, SANITATION,FIRE FIGHTING SYSTEM, PUBLIC ADDRESS SYSTEM, WATER LOGGING, SAFETY / SECURITY ETC. AT THE MULTI LEVEL PARKING SITES ..................... 23 13. DUTIES & RESPONSIBILITIES OF LICENSEE W.R.T. PREVENTION OF ENCROACHMENT /MISUSE AT PARKING SITE ..................................... 23 14. DUTIES AND THE RESPONSIBILITIES OF THE LICENSEE W.R.T. EMPLOYEES DEPLOYED FOR MANAGING / OPERATING THE PARKING SITE. NO SUBLETTING ALLOWED.............................................................................................................................................. 24 15. COMPLAINT REGISTER TO BE MAINTAINED BY THE LICENSEE ................................................................................................... 24 16. Parking slips to be mandatory issued by the Hand Held Device.............................................................................24 17. LICENSEE TO BE RESPONSIBLE FOR DAMAGE/LOSS TO VEHICLES/ ACCESSORIES DURING PARKING ETC ..... 24 18. WOODEN KHOKA FOR USE BY LICENSEE DEMARCATION OF SITE SAFETY OF VEHICLES ......................................................... ......... 25 19. Licensee to hand over possession, if so required by the Licensor..........................................................................25 20. Determination of licensee...................................................................................................................................... ......26 21. Licensee to intimate change of address................................................................................................................26 22. Entry in parking lot by the Licensor......................................................................................................................26 23. No tenancy rights / title / interest........................................................................................................................26 24. Penalty Clause......................................................................................................................................................27 25. Breach of Agreement............................................................................................................................................27 26. Blacklisting and cancellation of registration..........................................................................................................27 27. Duties of licensee during any repair work undertaken by the licensor..................................................................27 28. Compliance of any change / revision in the policy / rates of fee...........................................................................28 Page 11 of 48 29. Surrender.............................................................................................................................................................28 30. All disputes shall be under the jurisdiction of Delhi Courts only............................................................................28 31. TCS u/s 206 C (IC) of IT Act 1961...........................................................................................................................28 32. Other Taxes etc....................................................................................................................................................28 33. Limit on number of Sites......................................................................................................................................29 Section 4.1 – Pre-Qualification Bid............................................................................... 30 Pre-Qualification Bid Annex 4.1.2 – Profile of the Bidder........................................................................31 Pre-Qualification Bid Annex 4.1.3 – Response of the Bidder against Eligibility Criteria............................32 Section 4.2 – Financial Bid............................................................................................ 36 SECTION 5 – APPENDICES ..................................................................................................................................37 APPENDIX A – FORMAT FOR POWER OF ATTORNEY FOR SIGNING OF THE BID............................................................................47 APPENDIX B - FORMAT FOR INFORMATION REGARDING ANY CONFLICTING ACTIVITIES AND DECLARATION THEREOF.............................48 Page 12 of 48 Section 1 - Invitation for Bids 1. The North Delhi Municipal Corporation (hereinafter also referred to as “North D.M.C”) intends to allot the authorized parking sites under its jurisdiction by way of award of license which shall be awarded through open tender to highest bidder who fulfills the requisite criteria and submits all the requisite documents and laid down earnest money deposit, etc. Accordingly, this invitation to Tender is for “Allotment of North Delhi Municipal Corporation Authorized Parking Sites on Monthly License Fee Basis”. 2. Bidders are advised to study the Tender Document carefully. Submission of Tender shall be deemed to have been done after careful study and examination of the Tender Document with full understanding of its implications. Sealed offers prepared in accordance with the procedures enumerated in Clause 1 of Section 2 should be submitted to the Deputy Commissioner (R.P. Cell) not later than the date and time laid down, at his address given in the Schedule for Invitation to Tender under Clause 5. 3. All Bids must be submitted with the requisite Earnest Money Deposit (EMD) i.e., three times the reserve Monthly License fee of respective site enclosed with the Pre-Qualification Bid. 4. This Tender document is not transferable. 5. Schedule of Invitation for Bids a) Name of the Office: Commissioner, North D.M.C acting through Deputy Commissioner (R.P. Cell), North D.M.C. b) Addressee and Address at which Bids to be submitted: Shri Dharmendra Kumar, Deputy Commissioner (R.P. Cell), North Delhi Municipal Corporation, 16th Floor, E1 Block, Dr. SP Mukherjee Civic Centre, Minto Road, New Delhi – 110 002. c) Last time and date for receipt of Tender On or before 13.00 hours on 07 day of July, 2015 d) Place, Time and Date of opening of Pre-Qualification Bids: 25th Floor, Conference Hall, Civic Center, North Delhi Municipal Corporation, E1 Block, Dr. SP Mukherjee Civic Centre, Minto Road, New Delhi – 110 002. at 14.00 hours on 07 day of July, 2015 e) Name of the contact person for any clarification: Shri Kaushish Kumar, Administrative Officer (R.P. Cell), North Delhi Municipal Corporation, 16th Floor, E1 Block, Dr. SP Mukherjee Civic Centre, Minto Road, New Delhi – 110 002. Tele No. 011-23226605 E-mail : adc-rpc-ndmc@mcd.gov.in f) Date till which the response to the Tender should be valid: 90 days from the date of opening of the Pre-Qualification Bids. S. No. Activity Date 1 2 Date of Issue/ Release of Tender Pre- Bid Meeting 3 4 5 6 Date of Issue of Corrigendum/ Addendum Date of placement of Tender Box at 16th Floor for submission of bids Last date for submission of bids Date of Opening of Pre-Qualification Bids 7 Date of Opening of Financial Bids 26.06.2015 29.06. 2015 at 12.00 Hours at 25th Floor, Conference Hall, Civic Centre, New Delhi- 110002. 02.07.2015 07.07.2015, 9.00 Hours onwards 07.07.2015, Till 13.00 Hours 07.07.15 at 14.00 hours at 25th Floor, Conference Hall, Civic Centre, New Delhi- 110002. Will be informed separately to the Qualified Bidders Page 13 of 48 g) Important dates : The following table provides information regarding the important dates of the Tender process for Project: h) Period from which Parking Services have to commence The work should commence within 15 (fifteen) days from the date of Letter of Award of License to the successful Bidder. 6. The Bidder is required to pay Rs. 1,000/- (Rupees One Thousand Only) towards Tender Document Fee, at the time of submission of the Bids, in the form of a Bank Demand Draft/ Pay Order failing which the Bids submitted by the Bidder shall not be entertained and shall be rejected out-rightly. The Bank Demand Draft/ Pay Order must be drawn in favor of “Commissioner, North Delhi Municipal Corporation” and payable at “New Delhi” and enclosed in the Qualification Bid. The Tender Document Fee is Non-Refundable. If, however, the Tender Document was purchased from the office of North DMC or Bank Demand Draft/ Pay Order if the Tender Document was downloaded from the website “www.mcdonline.gov.in” of North D.M.C, the Bidder must enclose the Proof of Payment (copy of G8 Receipt) or DD in the Qualification Bid. Note: The North D.M.C shall not be responsible for non-receipt / no-delivery of the Bid documents due to any reason whatsoever. Page 14 of 48 Section 2 - Instructions to Bidders 1. Eligibility & Procedure for submission of Bids 7. Any adult citizen of India / partnership firm / public limited company / private limited company / consortium firm (of not more than 03 entities with the condition that one should be principal entity with more than 50% stakes in the consortium)/ registered society / registered co-operative society / registered marketing association / registered RWA capable of entering into license agreement, who has / have cleared all up to date outstanding dues of erstwhile MCD / North DMC , if any, shall be eligible to participate in the tender for allotment of parking sites on license basis as per terms and condition of this tender. 8. No experience of running/ managing parking site(s) is required for any of the offered parking lot. 9. Any individual / partnership firm / public limited company / private limited company / consortium firm / registered society / registered co-operative society / registered marketing association / registered RWA whose license has been cancelled / black listed / debarred in the past by any Central / State Govt. department all over India, if any, or any of its partner / proprietor / director / member have been blacklisted for breach of terms and conditions of the agreement, shall not be eligible for offering tenders and the individual / partnership firm / Public Limited Company / Pvt. Limited Company / consortium firm/ registered society / registered co-operative society / registered marketing associations / registered RWAs shall be required to furnish an undertaking to this effect along with tender form. 10. Any person/ party/ firm or registered parking contractor who is disqualified or ineligible to participate in the tender according to the aforesaid conditions shall not be qualified to offer the tender in the name of its associate concern subsidiaries/ principals/ front and the commissioner/authorized officer on his behalf may declare the tenderer disqualified on this ground, if he is of the opinion that the said tenderer is acting in collusion with for the benefit of any other party who would have been disqualified to participate in tender of his own. 1.1. It is proposed to have a Two Cover System for this Tender process as under: a) b) Part I Part II - Pre- Qualification Bid; and Financial Bid. 1.2. Each copy of Pre-Qualification Bid and Financial Bid of the Bidder should be put in separate sealed covers super scribing the wordings "Envelope A – Part I - Pre-Qualification Bid" and " Envelope B – Part II - Financial Bid" respectively. Each copy of Pre- Qualification Bid should also be marked as "Original” and "Copy". In the event of discrepancy between the original and the copy, the Original shall prevail. For financial bid, only single (original) copy should be put in sealed cover. 1.3. The copies, of each Bid, must be put in a single sealed cover super scribing the wordings "Part I - Pre-Qualification Bid" and “Part II - Financial Bid” as the case may be. It must be noted that License Fee quoted should not be indicated in the PreQualification Bid and must be indicated in the Financial Bid only. 1.4. The cover containing Two copies of Pre-Qualification Bid and the cover containing single copy of Financial Bid, prepared in accordance with Clause 1.3, must be put in another envelope and this envelope should be clearly marked “Allotment of North Delhi Municipal Corporation Authorized Parking Sites on Monthly License Fee Basis”. The Bid Covers are to be kept in a single sealed cover super scribed with Tender Number, Due Date, Item number and the wordings “DO NOT OPEN BEFORE 14.00 hours on 07 July, 2015”. 1.5. The cover thus prepared must also indicate clearly the name, address and telephone number of the Bidder, to enable the Bid to be returned unopened in case it is declared "Late". Page 15 of 48 1.6. Each copy of each of the Bid should be a complete document and should be bound as a volume. The document should be page numbered and appropriately flagged and contain the list of contents with page numbers. Different copies must be bound separately. The deficiency in documentation may result in the rejection of the Bid. 1.7. The Bidder must also provide the Pre-Qualification and Financial Bids in the respective covers, in soft copy in MS Excel/ MS Word format only, in the form of a non-re-writeable CD (Compact Disc). o o Two copies of CD containing the Pre-Qualification Bid Two copies of CD containing the Financial Bid 1.8. The CD’s would be sealed along with the hard copies of the respective Pre-Qualification and Financial Bids. In case of any discrepancy in the contents of the documents, the information furnished on original paper document shall prevail over the soft copy. 2. Cost of Tender Document 2.1. The Bidder shall bear all costs associated with the preparation and submission of its Bids, including cost of presentation for the purposes of clarification of the Bids, if so desired by the North D.M.C The North D.M.C will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the Tender Process. 3. Contents of the Tender Document 3.1. The Schedule of Requirements & Scope of Goods/ Services of the Goods/ Services required, Bid procedures and Contract terms are prescribed in the Tender Document. In addition to Section 1 - Invitation for Bid, the Tender Document includes: a) b) Section 2 Section 3 - c) Section 4 - d) Section 5 - Instructions to Bidders; This Section comprises of following Sections: Section 3A - Agreement Form Section 3B - General Conditions of Contract This Section comprises of following Sections: Section 4.1 - Pre-Qualification Bid Section 4.2 - Financial Bid This Section comprises of following Appendices Appendix A - Format for Power of Attorney for Signing of the Bid. Appendix B - Format for Information Regarding Any Conflicting Activities and Declaration Thereof. 3.2. The Bidder is expected to examine all instructions, forms, general terms & conditions, and Schedule of requirements in the Tender Document. Failure to furnish all information required by the Tender Document or submission of a Bid not substantially responsive to the Tender Document in every respect will be at the Bidder's risk and may result in the rejection of the Bid. 4. Amendment of Tender Document 4.1. At any time prior to the last time and date for receipt of Bids, the North D.M.C, may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, modify the Tender Document by an amendment. 4.2. The amendment will be notified in writing or by e-Mail to all the prospective Bidders who have sought clarification on the Tender Document and will be binding on them. The amendment will also be uploaded on the Website “www.mcdonline.gov.in” of North D.M.C. 4.3. In order to provide prospective Bidders reasonable time in which to take the amendment into account in preparing their Bids, the North D.M.C may, at its discretion, extend the last date for the receipt of Bids. 5. Language of Bids 5.1. The Bids prepared by the Bidder and all correspondence and documents relating to the Bids exchanged by the Bidder and the North D.M.C, shall be written in the English language. 6. Documents Comprising the Bids 6.1. The Bids prepared by the Bidder shall comprise of the following components: a) The Pre-Qualification Bid should comprise of Annex 4.1.1, Annex 4.1.2 and Annex 4.1.3 along with Documents/ Supporting Documents to be enclosed in respect of conditions of eligibility for Pre-Qualification (Please refer to Clause 13 of Section 2 – Instructions to Bidders). Page 16 of 48 b) The Financial Bid (Section 4.2 - Financial Bid) comprising of Annex 4.2.1 along with “Schedule of Rates and Duration”. 7. Monthly License Fee 7.1 The Bidder shall indicate in the format prescribed at Annex 4.2.1 of Section 4.2, the Monthly License Fee for providing Parking Services, it proposes to provide under the Contract. Transparent Cellophane Tape should be pasted over the Total Amount quoted, in figures and words, failing which the Financial Bid may be treated as non-responsive. 7.2 In the absence of above information, as requested in Clause 7.1, a Bid shall be considered as incomplete and summarily rejected. 7.3 There shall be a minimum reserve Monthly License Fee fixed for each parking site which shall not be less than Rs.10,000/- in any case. 7.4 There will be separate minimum Reserve Monthly License Fee (RMLF) for each of the parking site as per their size/ economic potential etc. as mentioned against the site in the NIT (Notice Inviting Tender). The same is reproduced below: S. No. Parking Site Description 1 Kucha Portion Outside MLUG Parade Ground 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Ajmal Khan Part-1 Ajmal Khan Part-2 Qutab Road Near Sadar Bazar Railway MLUG Model Town-II Jagat Cinema Murga Mkt. Jeevan Mala Hospital Bhagirath Palace JD Block Pitampura Old Rajender Nagar Market Transport Authority Mall Road, in front of Kothi No.10 Commercial Complex Pentamide Hospital Gujrawalan Town East & West Patel Nagar Railway Reservation Office Rohini Sec-17 Aruna Asaf Ali Hospital Trinagar to Inderlok Metro Station Around M2k Rohini Commercial Complex Bhagwan Mahavir Hospital Pitampura BQ Market Shalimar Bagh Telephone Exchange Near Jaipur Page 17 of 48 Reserve Monthly License Fee (in Rupees) Will be provided in addendum / corrigendum 286000 244000 169000 127000 113000 85000 83000 64000 58000 Map available in appendix D of Tender Documents Will be provided in addendum / corrigendum C1 C2 C3 MLUG C4 C5 C6 C7 C8 46000 C9 26000 C10 26000 26000 23000 19000 13000 13000 13000 13000 C11 C12 C13 C14 C15 C16 C17 C18 Golden Hospital Page 18 of 48 8. Earnest Money Deposit (EMD)/ Bid Security 8.1 The Bidder shall have to deposit an amount equal to three times the reserve monthly licence fee fixed for the site as Earnest Money Deposit (EMD)/ Bid Security, by way of Bank Draft along with the Pre-Qualification Bid. 8.2 The EMD shall be denominated in Indian Rupees, and shall be in the form of a Bank Demand Draft/ Pay Order issued by a Nationalized/ Scheduled Bank. The Bank Demand Draft/ Pay Order must be drawn in favor of “Commissioner, North Delhi Municipal Corporation” and payable at New Delhi. 8.3 The EMD is required to protect the North D.M.C against the risk of Bidder’s conduct which would warrant the security's forfeiture, pursuant to Clause 8.6. 8.4 The EMD will be kept as security deposit in case of the Successful Bidder and shall not be adjustable towards Monthly License Fee (hereinafter referred to as “MLF”). The EMD of successful Bidder will be refunded to him after successful completion of contract agreement period, without any interest on it. 8.5 Bids submitted without the Earnest Money Deposit (EMD)/ Bid Security will be rejected summarily. 8.6 The EMD will be forfeited: a) if a Bidder withdraws its Bid during the period of Bid validity specified by the Bidder in the Bid; or b) in the case of a successful Bidder, if the Bidder fails: (i) (ii) to execute the Agreement in accordance with Clause 26; or to furnish Contract Performance Security in accordance with Clause 27. 8.7 Earnest money in respect of unsuccessful Bidder will be refunded/ returned without any interest, unless the same is forfeited for some other reasons. 9. Period of Validity of Bids 9.1 The validity of the offer shall be 90 days from the date of opening of Pre-Qualification Bids prescribed by the North D.M.C and the same cannot be withdrawn by the Bidder before the expiry of validity period, otherwise EMD shall be forfeited and the Bidder shall be blacklisted for further tenders, besides other action being taken against him. A Bid valid for a shorter period shall be rejected by the North D.M.C as non-responsive. 9.2 In exceptional circumstances, the North D.M.C may solicit the Bidder's consent to an extension of the period of validity of the Bids. The request and the responses thereto shall be made in writing or by e-Mail. A Bidder may refuse the request without forfeiting its EMD. A Bidder granting the request will not be required nor permitted to modify its Bid. 10. Format and Signing of Bid 10.1 The Bidder shall prepare two copies of each Bid, clearly marking each "Original”, and "Copy" as appropriate in accordance with Clause 1. In the event of any discrepancy between them, the original shall govern. 10.2 The “Original” and “Copy” of the Bid shall be typed or written in indelible ink. The “Original” and “Copy” shall be signed by the Bidder or a person or persons duly authorized to bind the Bidder’s Firm/ Company to the Contract. The authorization shall be indicated by written Power-of-Attorney, as per the format prescribed in Appendix A, accompanying the PreQualification Bid. All pages of the Pre-Qualification and Financial Bid shall be initialled and stamped by the person or persons signing the Bid. 10.3 The Bid shall contain no interlineations, erasures or overwriting except as necessary to correct errors made by the Bidder, in which case such corrections shall be initialled by the person or persons signing the Bid. 11. Revelation of License Fee 11.1 Monthly License Fee in any form or by any reason before opening of the Financial Bids must not be revealed, failing which the Bid shall be liable to be rejected. Page 19 of 48 12. Local Conditions 12.1 The Bidder shall inspect the parking site which will be given on ‘as is where is’ basis and may obtain necessary clarification, if any, regarding the same to his full satisfaction before offering bid for the same. The Bidder shall acquaint himself of all the local conditions and the parking sites conditions. 12.2 The Bidder should bid the amount by considering its entire potential to attract the customers (vehicle owners). North D.M.C will not be responsible for any decline in the potential of revenue at the parking site for any reason whatsoever. 13. Conditions for Eligibility and Pre-Qualification of Bidders 13.1 The conditions for Eligibility and Pre-Qualification of Bidders are prescribed in Annex 4.1.3 of Section 4.1 of this Tender Document. Accordingly, for the purpose of PreQualification of Bidders, the Bidder must enclose in their Pre-Qualification Bid, statement of qualification as per format prescribed in Annex 4.1.3, duly supported by necessary documentary evidences, as applicable. 13.2 Failure to meet all the conditions prescribed in Annex 4.1.3 for Eligibility and Pre-Qualification of Bidders and/ or failure to submit all the information/ supporting documents may render the Bidder not being Pre-Qualified. 14. Sealing and Marking of Bids 14.1 The Bidders shall seal and mark the Original and each Copy of the Bid strictly in accordance with Clause 1. 14.2 If the outer cover of the Bid is not sealed and marked as required by Clause 1, the North D.M.C will assume no responsibility for the Bid's misplacement or premature opening. 15. Last Date for Receipt of Bids 15.1 Bids will be received by the North D.M.C at the address specified under Clause 5(b) of Section 1 not later than the time and date specified in Clause 5(c) of Section 1. In the event of the specified date for the receipt of Bids being declared a holiday for the North D.M.C, the Bids will be received up to the appointed time on the next working day. 15.2 The North D.M.C may, at its discretion, extend the last date for the receipt of Bids by amending the Tender Document in accordance with Clause 4, in which case all rights and obligations of the North D.M.C and Bidders previously subject to the last date will thereafter be subject to the last date as extended. 16. Late Bids 16.1 Any Bid received by the North D.M.C after the last date and time for receipt of Bids prescribed by the North D.M.C, pursuant to Clause 5(c) of Section 1, will be rejected and/or returned unopened to the Bidder. 17. Address for Correspondence 17.1 The Bidder shall designate the official mailing address, place, e-Mail and fax number to which all correspondence shall be sent by the North D.M.C. Page 20 of 48 18. Opening of Bids by North D.M.C 18.1 18.5 On the basis of information furnished in the Pre-Qualification Bid, pursuant to Clause 13, Bidders will be pre-qualified. The Bid of Bidders, who do not qualify at this stage, will not be taken up for further evaluation, and the sealed Financial Bid of such Bidders will be returned unopened immediately. Bids of only Pre-qualified Bidders will be taken up for further evaluation of their Financial Bid. The North D.M.C will open the Bids, in the presence of the representatives of the Bidders who choose to attend, at the time, date and place, as mentioned in Clause 5 of Section 1 of this Document. The Bidders' names, modifications, Bid withdrawals and the presence or absence of the requisite Tender document fee, EMD and such other details as the North D.M.C, at its discretion, may consider appropriate will be announced at the Bid opening. The North D.M.C will prepare minutes of the meeting held for opening of the Bids. 19. Clarifications 19.1 When deemed necessary, the North D.M.C may seek clarifications on any aspect from the Bidder. However, that would not entitle the Bidder to change or cause any change in the substance of the Bid submitted or price quoted. 20. Preliminary Examination 20.1 The North D.M.C will examine the Bids to determine whether they are complete, whether required Tender Document Fee and EMD have been furnished, whether the documents have been properly signed, and whether the Bids are generally in order. Arithmetical errors will be rectified on the following basis. In the event of any difference between figures and words, the amount indicated in words shall prevail. If the Bidder does not accept the correction of errors, its Bid will be rejected. A Bid determined as not substantially responsive will be rejected by the North D.M.C and may not subsequently be made responsive by the Bidder by correction of the nonconformity. The North D.M.C may waive any minor informality or non-conformity or irregularity in a Bid which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any Bidder. 18.2 18.3 18.4 20.2 20.3 20.4 21. Contacting the North D.M.C 21.1 No Bidder shall contact the North D.M.C on any matter relating to its Bid, from the time of the Bid opening to the time the Contract is awarded. 21.2 Any effort by a Bidder to influence the North D.M.C’s Bid evaluation, Bid comparison or Contract award decisions may result in the rejection of the Bidder’s Bid. 22. Evaluation of Bids 22.1. Phase I: Evaluation of Pre-Qualification Bids Pre-Qualification Bids will be opened in the presence of representatives of the Bidders who choose to be present as per the date indicated by the North D.M.C. A detailed analysis will be subsequently carried out by the North D.M.C. Pre-Qualification Bids which meet the above mentioned criteria will be eligible for consideration in the subsequent round(s). If required, the North D.M.C may seek specific clarifications from any or all Bidder(s) at this stage. The North D.M.C shall determine the Bidders that qualify for the next phase after reviewing the clarifications provided by the Bidder(s). 22.2. Phase II: Evaluation of Financial Bids In this phase, the Financial Bids of the Bidders, who are pre-qualified in Phase I, shall be opened in the presence of representatives of the Bidders who choose to be present as per the date indicated by the North D.M.C. Criteria for Determination of the Best Evaluated Financial Bid The Bidder, who has quoted the highest Monthly License Fee in its Financial Bid, Page 21 of 48 will be evaluated as the Best Evaluated Bid (H1). 23. North D.M.C's Right to Accept Any Bid and to Reject Any or All Bids 23.1 The North D.M.C reserves the right to accept any Bid, and to annul the Tender process and reject all Bids at any time prior to award of Contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for the North D.M.C's action. 24. Acceptance of Tender/ Bid: 24.1 The officer opening the tenders may without assigning any reason cancel the tender bid or negotiate with the highest Bidder. 24.2 The offer/ bid made by the Bidder shall be subject to acceptance by the Competent Authority of North D.M.C or any other officer authorised/ delegated by him. 24.3 Parking license will be given to the highest bidder, even if there is valid single bidder. But, no bid quoting MLF less than the minimum Reserve MLF will be accepted. 24.4 In case, there are two successful highest bidders, with matching bids, the H-1 will be declared by lucky draw system under the supervision of competent authority of the North D.M.C in the presence of both the bidders. 24.5 In case H- 1 fails to accept the offer within 15 days and refuses to take possession of the site within the stipulated period then the site will be offered to H-2 bidder if he is willing to operate the site at the same amount as offered by the H-1 bidder. However, if H-2 also does not accept the offer or take possession then the site will be re-tendered. 24.6 Prior to the expiry of the period of Bid validity, the North D.M.C will issue an Offer Letter to the successful Bidder in writing by registered letter or by e-Mail, to be confirmed in writing by a registered letter, that its Bid has been accepted. 25. Agreement to be executed 25.1 The successful Bidder shall execute an agreement with the North D.M.C in the format to be supplied by the North D.M.C on a non-judicial stamp paper of Rs. 50/- duly attested by 1st Class Magistrate or Oath Commissioner, to be purchased and provided by the said Bidder within 10 days of acceptance of the offer, failing which the earnest money shall be forfeited and offer by the North D.M.C shall be deemed to have been cancelled. 26. Remaining EMD/ Security Deposit/ Bank Guarantee/ F.D.R. 26.1 Within 15 days of the issuance of offer letter the successful bidder shall have to deposit a) the difference of amount of quoted MLF for 03 months and reserve monthly licence fee for 03 months (i.e., EMD Amount) as part of Security Deposit over and above the EMD already deposited along with the bid by way of demand draft in favour of Commissioner, North DMC, payable at New Delhi. b) Bank Guarantee or Fixed Deposit in the name of Commissioner, North DMC by a Scheduled/ Nationalized Bank of the amount equivalent to the 3 (three) times of the quoted Monthly Licensee Fee (MLF) valid for the entire period of the license agreement plus six months thereafter. 26.2 Failure of the successful Bidder to comply with the requirement of Clause 26 and/or Clause 27 shall constitute sufficient grounds for the annulment of the offer and forfeiture of the EMD, in which event the North D.M.C may award the Contract to the next best evaluated Bidder or call for new Bids. 27. Litigation History Any entity which has been debarred/ blacklisted by any Central/ State Government, or any entity controlled by it, from participating in any assignment/ project, and the bar subsists as on the date of Application (even if the litigation is pending on the same dispute (debarred / blacklisted) under the jurisdiction/ arbitration/ laws), shall not be eligible to submit the Bid. 28. Fraud and Corrupt Practices (i) The Bidders and their respective officers, employees, agents shall observe the highest standard of ethics during the selection process. Notwithstanding anything to the contrary contained herein, North D.M.C may reject a Bid without being liable in any manner whatsoever to the Bidder if it determines that the Bidder has, directly or Page 22 of 48 indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice in the selection process. (ii) Without prejudice to the rights of North D.M.C hereinabove, if the Bidder is found by North D.M.C to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the selection process, such Bidder shall not be eligible to participate in any of Tender issued by North D.M.C during a period of 2 (two) years from the date such Bidder is found by R.P. Cell / North D.M.C to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as the case may be. (iii) For the purposes of this, the following terms shall have the meaning hereinafter respectively assigned to them: (a) “Corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the actions of any person connected with the selection process (for avoidance of doubt, offering of employment to, or employing, or engaging in any manner whatsoever, directly or indirectly, any official of the North D.M.C who is or has been associated in any manner, directly or indirectly, with the selection process or the Offer Letter or has dealt with matters concerning the agreement or arising there from, before or after the execution thereof, at any time prior to the expiry of one year from the date such official resigns or retires from or otherwise ceases to be in the service of the North D.M.C, shall be deemed to constitute influencing the actions of a person connected with the selection process); or (ii) engaging in any manner whatsoever, whether during the selection process or after the issue of the Offer Letter or after the execution of the agreement, as the case may be, any person in respect of any matter relating to the Project or the Offer Letter or the agreement, who at any time has been or is a legal, financial or technical adviser of the North D.M.C in relation to any matter concerning the Project; (b) “Fraudulent practice” means a misrepresentation or omission of facts or suppression of facts or disclosure of incomplete facts, in order to influence the selection process; (c) “Coercive practice” means impairing or harming or threatening to impair or harm, directly or indirectly, any person or property to influence any person’s participation or action in the selection process; (d) “Undesirable practice” means (i) establishing contact with any person connected with or employed or engaged by the North D.M.C with the objective of canvassing, lobbying or in any manner influencing or attempting to influence the selection process; or (ii) having a Conflict of Interest; and (e) “Restrictive practice” means forming a cartel or arriving at any understanding or arrangement among Bidders with the objective of restricting or manipulating a full and fair competition in the selection process. Page 23 of 48 Section 3A - Agreement LICENSE AGREEMENT (All notes should be deleted in final text) THIS AGREEMENT (hereinafter called the “Contract”) made the [day] day of the month of [month], [year] Between The North Delhi Municipal Corporation acting through Deputy Commissioner/ Addl. Deputy Commissioner (R.P. Cell), North Delhi Municipal Corporation (hereinafter "the North D.M.C ") of one part and shall be deemed to include any other representative authorized by the Commissioner, North Delhi Municipal Corporation And ________________(Name of the Selected Bidder) (hereinafter called "the Licensee") of the other part and shall be deemed to include the Second Party’s successors, representatives (approved by the First Party), heirs, executors, administrators and permitted assigns, as the case may be, unless excluded by the terms of the Contract, having its registered office at ______________________. WHEREAS (a) the North D.M.C has requested the Licensee to provide certain Services as defined in this Contract (hereinafter called the “Parking Services”); (b) the Licensee, having represented to the North D.M.C that it has the required professional skills, and personnel and resources, has agreed to provide the Parking Services on the terms and conditions set forth in this Contract; NOW THEREFORE the parties hereto hereby agree as follows: 1. The following documents attached hereto shall be deemed to form an integral part of this Contract: (a) (b) (c) 2. The General Conditions of Contract; Annexure A – List of Parking Site (s) Annexure B – Monthly License Fee The mutual rights and obligations of the North D.M.C and the Licensee shall be as set forth in the Contract, in particular: (a) the Licensee shall provide Parking Services at the Parking Site (s), as per Annexure A, in accordance with the provisions of the Contract; and (b) the Licensee shall make payments towards the Monthly License Fee, as per Annexure B, to the North D.M.C in accordance with the provisions of the Contract. IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their respective names as of the day and year first above written. Signed, Sealed and Delivered for & on Signed, Sealed and Delivered for and behalf of the Licensee on behalf of the Commissioner, North D.M.C Signed Name Designation Date Place : _________________ :_________________ : : New Delhi Signed Name Designation Date Place in the presence of : : ______________________ : ______________________ : : New Delhi in the presence of : Page 24 of 48 Name : _________________ Designation : _________________ Date : Place : New Delhi Name Designation Date Place Page 25 of 48 : ______________________ : ______________________ : : New Delhi Section 3B – General Conditions of Contract (GC) 1 General Provisions 1.1 Definitions Unless the context otherwise requires, the following terms whenever used in this Contract have the following meanings: 1.2 (a) “Applicable Law” means the laws and any other instruments having the force of law in India. (b) “North D.M.C” means the North Delhi Municipal Corporation and shall be deemed to include any other representative authorized by the Commissioner, North Delhi Municipal Corporation. (c) “Licensee” means any individual / partnership firm / public limited company / private limited company / consortium firm (of not more than 03 entities with the condition that one should be principal entity with more than 50% stakes in the consortium)/ registered society / registered co-operative society / registered marketing association / registered RWA etc. that will provide the Parking Services at the Parking Sites under the North D.M.C under the Contract. (d) “GC” means these General Conditions of Contract. (e) “Contract” means the License Agreement signed by the Parties and all the attached documents listed in its Clause 1 of the License Agreement, that is, the General Conditions (GC) and the Annexures. (f) “Monthly License Fee” means the License Fee to be paid by the Licensee to the North D.M.C, for providing Parking Services at the Parking Sites under the jurisdiction of North D.M.C, in accordance with Clause 7 of GC; (g) “Effective Date” means the date on which this Contract comes into force and effect pursuant to Clause 2 of GC. (h) “Local Currency” means the currency of India. (i) “Party” means the North D.M.C or the Licensee, as the case may be, and “Parties” means both of them. (j) “Personnel” means persons deployed/ hired by the Licensee and assigned for providing the Parking Services or any part thereof under this Contract. (k) “Services” means the Parking Services to be provided by the Licensee at the Parking Sites under the jurisdiction of North D.M.C pursuant to this Contract. (l) “In writing” means the communication in written form with proof of receipt. Interpretation In this Contract unless a contrary intention is evident: (a) (b) (c) (d) (e) (f) (g) (h) (i) 1.3 the clause headings are for convenient reference only and do not form part of this Contract; unless otherwise specified a reference to a clause number is a reference to all of its sub-clauses; unless otherwise specified a reference to a clause, sub-clause or section is a reference to a clause, sub-clause or section of this Contract including any amendments or modifications to the same from time to time; a word in the singular includes the plural and a word in the plural includes the singular; a word importing a gender includes any other gender; a reference to a person includes a partnership and a body corporate; a reference to legislation includes legislation repealing, replacing or amending that legislation; where a word or phrase is given a particular meaning it includes the appropriate grammatical forms of that word or phrase which have corresponding meanings. in the event of an inconsistency between the terms of this Contract and the Tender and the Bid, the terms hereof shall prevail. Law Governing Contract This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by the Applicable Laws of India. Page 26 of 48 1.4 Language This Contract has been executed in English, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract. 1.5 Notices 1.5.1 Any notice, request, letter or consent required or permitted to be given or made pursuant to this Contract shall be in writing. Any such notice, request, letter or consent shall be deemed to have been given, made or delivered, when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent to such Party at the address specified through registered post, e-mail ID, etc. 1.6 Parking Sites The Parking Services shall be performed at such Parking Sites as are specified in Annexure A hereto. 1.7 Taxes and Duties 1.7.1 The Licensee, and their Personnel shall pay such direct/ indirect taxes, duties, fees, and other impositions levied under the Applicable Laws of India. 1.7.2 TCS u/s 206 C (IC) of IT Act 1961: As per the provision of section 206C (IC) inserted by the Finance 9 no. 2) Act, 2004 w.e.f. 01.10.2004 of Income Tax 1961, the Licensee shall be required to deposit TCS @ 2% alongwith surcharge and Education cess on license fee as applicable from time to time. 1.7.3 The liability of all applicable taxes cess and fee or which may be made applicable due to change in Law or whatever reason shall vest with the Licensee being service provider at the rates notified/ revised by the Govt. of India or any agencies from time to time. The liability to pay the service tax rests on the parking contractor and he/she will pay the service tax to the GOI and accordingly his/ her quotation of MLF should be made taking this into account. 1.8 Fraud and Corruption 1.8.1 It is the North D.M.C’s policy to require that the North D.M.C as well as the Licensee observe the highest standard of ethics during the selection and execution of such contracts. In pursuance of this policy, the North D.M.C: (a) defines, for the purpose of this provision, the terms set forth below as follows: (i) “corrupt practice” means the offering, receiving, or soliciting, directly or indirectly, of anything of value to influence the action of a public official in the selection process or in Contract execution; (ii) “fraudulent practice” means a misrepresentation or omission of facts in order to influence a selection process or the execution of a Contract; (iii) “collusive practices” means a scheme or arrangement between two or more Agencies, with or without the knowledge of the North D.M.C, designed to establish prices at artificial, noncompetitive levels; (iv) “coercive practices” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in a procurement process, or affect the execution of a Contract; 1.8.2 Measures to be taken by the North D.M.C (a) The North D.M.C may terminate the Contract if it determines at any time that representatives of the Licensee were engaged in corrupt, fraudulent, collusive or coercive practices during the selection process or the execution of that Contract, without the Licensee having taken timely and appropriate action satisfactory to the North D.M.C to remedy the situation; Page 27 of 48 (b) 2. The North D.M.C may also sanction against the Licensee, including declaring the Licensee ineligible, either indefinitely or for a stated period of time, to be awarded a Contract if it at any time determines that the Licensee has, directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in competing for, or in executing, an North D.M.C-financed Contract. Duration of License : The license will be for duration of two years with effect from the date of handing over the site to the licensee but the agreement shall be renewed after the expiry of one year with the enhancement of monthly license fee by 10% (ten percent) for the next year, subject to the satisfactory completion of period of first year of contract. Satisfactory completion implies that there should not be any dues pending against the contractor. However, if the allottee/ licencee continue to operate the site after expiry of period, he shall be liable to pay to the corporation the misuse/damages charges @ double the monthly license fee for such period of unauthorized occupation. 3. (e) Earnest Money/ Security Deposit / Bank Guarantee/ Monthly License Fee: There shall be a minimum monthly reserve license fee fixed for each parking site which shall not be less than Rs.10,000/- in any case. There will be separate minimum reserve price for each of the parking site as per their size/ economic potential etc. and same will be mentioned against the site in the Notice Inviting Tender (NIT). The tenderer shall have to deposit an amount equal to three times the Minimum Reserve Monthly Licence Fee (RMLF) for the site as Earnest Money Deposit (EMD), by way of Bank Draft along with tender form. The Security Deposit to be paid by the successful bidder shall be the three months quoted MLF. Accordingly, the successful bidder shall deposit the difference of amount of quoted MLF for 03 months and reserve monthly licence fee for 03 months (i.e., EMD Amount) as part of Security Deposit over and above the EMD already deposited along with the bid. These earnest money deposit(s) shall have to be made through demand draft in favour of Commissioner, North DMC, payable at New Delhi and within fifteen days of the issuance of offer letter. This will be kept as security deposit in case of H1 and not adjustable towards MLF which will be refunded to him after successful completion of contract agreement period, without any interest on it. Tenders submitted without the earnest money will be rejected summarily. The EMD will be forfeited in case the tenderer does not accept the offer of allotment from the NORTH DMC / RP Cell within 15 days (fifteen days) of issue of offer letter. (f) A Bank Guarantee or Fixed Deposit in the name of Commissioner, North DMC by a Scheduled/ Nationalized Bank of the amount equivalent to the 3 (three) times of the quoted Monthly Licensee Fee (MLF) valid for the entire period of the license agreement plus six months thereafter has to be made within 15 days of issue of offer letter. (g) The successful bidder/ Licensee shall deposit, within 05 days (five days) from the date of issuance of allotment letter/ handing over of the parking site - the proportionate monthly license fee in the form of DD (payable to Commissioner, North DMC) for the month in which allotment is made and one calendar advance MLF. For instance, if the allotment letter is issued on 9th of October, the licensee shall deposit proportionate license fee for October and full MLF for the month of November by 14th October. Payments thereafter for subsequent months shall be deposited by the licensee in advance on monthly instalment basis before the end of the month for which the advance MLF is already paid and in no case beyond the Page 28 of 48 5th of every next month (called the last due date) vide a demand draft drawn in favour of Commissioner, North DMC. (h) The above said procedure for deposition of MLF on monthly basis will be followed by the contractor for the second year of the contract, if extended, with 10% enhancement in MLF of the first year. (i) All these payments should be made from the corresponding bank account of the concerned Individual/ Partnership firm/ Public Limited Company/ Pvt. Limited Company etc. who is successful bidder subject to satisfactory performance during the period. (j) In case of failure to deposit the license fee in time, interest @ 18% p.a. will be levied from the due date of the deposit until the date of deposit. In case of delay upto 14 days, interest shall be payable for 15 days and for delay of more than 15 days (upto 30 days), interest payable shall be for one month. In case License fees is not paid on due date, a notice will be issued to the Licensee to pay his dues within 07 days, if dues are not cleared in that period, notice for cancellation of the contract will be issued by giving time of another 07 days. If even then, dues are not paid contract will be cancelled immediately and the parking taken over by the North DMC. On delayed payment, interest @ 18% p.a. on entire outstanding amount will be levied up-to the date of clearing the dues or date of cancellation. (k) In no way, monthly license fee be retained by the contractor, failing which, the same shall be treated as breach of contract and make the contract liable for termination. (l) Advance deposition of Monthly License Fee (MLF) does not create any right or lien in favour of the parking licensee to use and operate the parking for the said term. In case violation of any terms & conditions is noticed at any stage whatsoever, the parking license will be liable for cancellation. 4. (a) Responsibility of tenderer before offering bid: The tenderer shall inspect the parking site which will be given on ‘as is where is’ basis and may obtain necessary clarification, if any, regarding the same to his full satisfaction before offering bid for the same. The tenderer shall acquaint himself/ herself of all the local conditions and the parking sites conditions. (b) The tenderer should bid the amount by considering its entire potential to attract the customers. North DMC will not be responsible for any decline in the potential of revenue at the parking site for any reason whatsoever. Any claim for remission on the basis of harm to business interest on extraneous / unforeseen conditions / reasons whatsoever shall be summarily rejected by the North DMC without any kind of response to the licensee and the licensee shall not be entitled to make any claim / remission on that account, except the circumstances as mentioned under condition no. 5(c). (c) The remission can be allowed by the competent authority in exceptional circumstances involving natural calamity occurred beyond control of any person, keeping parking site closed as per approval of competent authority of North DMC / Delhi Police / compensation / repair / maintenance works by Govt. Agencies, Competent Authority. North DMC would consider on case to case basis subject to verification confirmation by the concerned department. Page 29 of 48 5. (a) Advertisement boards kiosks may be allowed by NORTH DMC: North DMC shall reserve the right of putting up advertisement boards and kiosks on the boundary or within the parking site either for itself or through authorized advertiser / any other agency. North DMC shall also reserves the right to auction /allot such number of security booth / other stall etc. as may be considered appropriate in specific well demarcated areas within or along the boundary of the parking site separately. (b) The contractor is not allowed to allow any untoward slogan / pictures with in the premises of the parking site. The parking site will not be used or permitted to be used by the licensee for exhibition/ display or any hoarding advertisement etc. and no indecent/ obnoxious for such other activity as may cause nuisance/ embarrassment to the general public shall be carried or permitted to be carried in the parking site and the decision of the North DMC in this regard shall be final and binding. (c) In case the licensee/ contractor of the particular parking site is found displaying any hoarding, display, commercial advertisement etc., that shall tantamount to unauthorized encroachment and violation of terms and conditions warranting penalty for such act on part of the contractor. North DMC reserves the rights to allow advertisement rights in parking lots to the registered advertiser(s) through separate tender. 6. (a) Acceptance of tender / bid:- The officer opening the tenders may without assigning any reason cancel the tender bid or negotiate with the highest tenderer. The validity of the offer shall be 90 days and the same cannot be withdrawn by the tenderer before the expiry of validity period, otherwise EMD shall be forfeited and the tenderer shall be blacklisted for further tenders, besides other action being taken against him. (b) The offer/bid made by the tenderer shall be subject to acceptance by the competent authority, North DMC or any other officer authorised / delegated by him. Earnest money in respect of unsuccessful tenderer will be refunded / returned without any interest, unless the same is forfeited for some other reasons. (c) Parking license will be given to the highest bidder, even if there is valid single bidder. But, no bid quoting MLF less than the minimum Reserve MLF will be accepted. (d) In case, there are two successful highest bidders, with matching bids the H-1 will be declared by lucky draw system under the supervision of competent authority of the North DMC in the presence of both the bidders. (e) In case H-1 fails to accept the offer within 10 days and refuses to take possession of the site within the stipulated period then the site will be offered to H-2 bidder if he is willing to operate the site at the same amount as offered by the H-1 bidder. However, if H-2 also does not accept the offer or take possession then the site will be re-tendered. 7. Agreement to be executed:- The successful tenderer shall execute an agreement with the North DMC in the format to be supplied by the North DMC on a non-judicial stamp paper of Rs. 50/- duly attested by 1st Class Magistrate or Oath Commissioner, to be purchased and provided by the said tenderer within 10 days of acceptance of the offer, failing which the earnest money shall be forfeited and offer by the North DMC shall be deemed to have been cancelled. 8. Parking Details Page 30 of 48 (b) North DMC will supply a map of the space together with demarcated exact area of site allowed for the parking of Bus/ Tempo/ cars / scooters / motorcycles and the licensee shall use the parking space strictly according to the map. This map shall be signed by the Suptd. / Inspector of the RP Cell and by the licensee himself also at the time of handling / taking over of the site. Use of parking site will be strictly as per terms of NIT and no vehicle other than those permissible shall be allowed to be parked in the parking site. The space allotted, as per map, will be allowed on roadside parking sites from the road berm and the area will be marked epoxy yellow thermoplastic coats by the licensee within a week and submit a certificate to this effect with photographs of the parking site to RP Cell (North DMC). The time period for furnishing the requisite certificate extended to- upto 2 weeks vide clarifications dated 25.11.2014 to the NIT 03/2014. (c) The licensee shall make arrangements for illuminations and signages on the site as per approved design to be obtained from North DMC and shall clearly demarcate the parking zone of the Vehicles per unit for the convenience of general public within seven days from taking over the site and the licensee shall not allow parking on more than the permissible space. (d) It is expected that the parking licensee shall inform the customer to take away moveable items like mobile phones, purses, sun-glasses or any other valuable items before parking their vehicles. (e) 9. All road surface parking will be of single lane only, unless otherwise specified. Timings:- The parking shall remain open round the clock and the licensee shall allow parking of vehicles at all times except on valid reasons else non-availability of parking space. The Parking Licensee shall be responsible to keep the parking lot neat & clean. At specified zero parking time (displayed on the information board), the site must be free of any litter, garbage etc. 10. Rates:- The licensee shall be required to ensure that the following parking charges / fee for various categories of vehicles shall be charged during the period of contract:DURATION CAR TWO WHEELER- SCOOTER/ MOTORCYLCE ETC. Up-to 01 hour Rs. 20 Rs. 10 Beyond 1 hour to 5 hours Rs. 10/- per hour (subject to Rs. 5/- per hour (subject to max. (for every additional hour or max. Rs. 50 for five hours) Rs. 25 for five hours) Beyond 5 hours & up-to 10 Rs. 10/- per hour (subject to Rs. 5/-per hour (subject to max. hours ( for every additional max. Rs. 100 for ten hours) Rs. 50 for 10 hours) Beyond 10 hours Rs. 10/- per hour (subject to Rs. 5/- per hour (subject to max. (for every additional hour or max. Rs. 200 for 24 hours) Rs. 100 for 24 hours) Monthly Rs. 1500 Rs. 500 Duration Tempo (allowed only in Bus/ Truck/ other equivalents part thereof) hour or part thereof) part thereof) parking under flyovers or parking set up for the tempos) Up to 2 hour 60 80 Page 31 of 48 Up to 5 hour 90 120 5 to 10 hour 200 300 10 to 24 hour 300 500 Monthly 6000 9900 Parking Charges will be inclusive of Service Tax. Revised rates would be applicable with effect from 1st November 2014. Important Instruction: a) The buses / tempo / HMV / LMV shall not be allowed to be parked at the parking sites, where it has not been specified. b) The licensee shall install / maintain computers, wherever feasible, with uninterrupted power backup, at his own cost, at entry & exit points of the parking site to ensure proper and undisputed monitoring the duration of time of the vehicle parked for charging the parking fee from the owners of these vehicles and also for keeping the record of the vehicles parked. c) The licensee shall charge the parking charges only in conformity with the prescribed rates. The licensee shall maintain the record of vehicles parked and parking fee charged for parking the vehicles and inform the concerned police authorities every four months about the details of unclaimed vehicles. d) Official/Sticker label vehicle of all the three Municipal Corporations, Govt. Of NCTD and Govt. Of India, Hon’ble MPs, Hon’ble MLAs (Govt. of NCT of Delhi) & Municipal Councillors of all the three Corporations of Delhi and accredited journalists shall be allowed free parking. The contractor must issue free parking slips for these vehicles. e) North DMC reserves the right to revise the parking charges during the currency of the agreement. In case of revision in parking charges, the license fee paid by the licensee shall stand revised in the same proportion for the remaining period of the license. 11. a) Sign Board:- The licensee shall display an illuminated glow-sign board (size 6 ft. X 4 ft.) at the entrance and exit points of the parking site showing prominently there upon the following details:(Iron angle with GI sheet, blue background with white letter and North DMC logo, along-with the map of parking site). AUTHORIZED NORTH DMC PARKING SITE Name & Address of the Zonal Office Name of the Licensee (With Regn.NO,if Any) License Number & Period of Validity ( With Dates) Address & Contact number of the Parking Contractor E- Mail ID of the Parking Contractor Name & Contact number of the Supervisor Number & Name of Workers Employed Area Police Station & Contact Number Area of Parking in Sq. Mtrs. Category of Vehicles allowed Zero Parking Hours Parking Charges Page 32 of 48 NB : -1. In case of any difficulty/ problem/ complaint please contact the area police station and/or DC/ADC (RP Cell) North DMC at 16th Floor, Civic Centre, Minto Road, New Delhi110002. Phone No. (011-23226602 or send e-mail to North DMC at adc-rpcndmc@mcd.gov.in. 2. Complaint Register/ Box available with __________________________________ 3. Vehicle parked beyond yellow line will be towed away by the Traffic Police or by the North DMC treating it as encroachment on Public Land. (b) Beside the display board, the Licensee will be required to display a board at the conspicuous space at the parking lot carrying the following message and logo of the North DMC, as per the design and colour as may be provided by the North DMC:-“THIS PARKING LOT BELONGING TO North DMC IS BEING MAINTAINED BY _________________________________. IN CASE OF ANY DEFICIENCY OR COMPLAINT, PLEASE CONTACT AT TELEPHONE NO. 011-23227505 OR SEND E MAIL TO North DMC AT adc-rpc-ndmc@mcd.gov.inOR PARKING LICENSEE AT …………………………….” (c) In case the parking is full, parking licensee shall provide a board at the entrance displaying ‘PARKING IS FULL, KINDLY SEEK ALTERNATE PARKING’ at his own cost, in order to avoid any inconvenience to the intending visitors to the parking lot 12. Duties & responsibilities of Licensee w.r.t. lighting/illumination, cleanliness, sanitation, fire fighting system, public address system, water logging, safety/security etc. at the multi-level parking sites:- The licensee shall make the following arrangements, at his own cost, round the clock at the parking site. a. Complete illumination of entry & exit points of site with glow signs; b. Functional toilets; c. Drinking water facility d. General up keep and cleanliness within the parking site; e. Functional fire fighting systems; f. Functional public address system; g. Functional power back up through generators; h. Functional system for removal of water from the water logged portions(s), if any, due to rain, seepage etc.; i. Adequate lighting / illumination in the parking lot; j. Insurance of the site; k. Availability of optimum number of hand- held devices for issuance of parking slips and as stand by. The licensee shall not be entitled to any remission, whatsoever, on this score. 13. Duties & responsibilities of Licensee w.r.t. prevention of encroachment /misuse at Parking site. (a) The licensee shall not vend any article through any unauthorized vendor at parking site. The licensee shall not permit washing / service /repair of vehicles or nuisance of any kind, whatsoever, inside the parking site otherwise apart from the legal action of removal of such nuisance, a fine of Rs. 5000/- shall be imposed upon the licensee. However, in such cases where vendors/stalls/ kiosks are already in existence at parking site, due to allotment by the RP Cell/Zone or under court orders/directions, the licensee shall ensure the possession and confirm his acceptance/ acknowledgement in writing to this effect. It will be responsibility of the licensee not to allow unauthorized encroachments in the parking site during currency of his agreements otherwise the cost of demolishing such structure for unlawful concession Page 33 of 48 shall be charged from the licensee. North DMC will be at liberty to remove encroachment inside / around the parking site without notice. (b) The licensee shall in no case construct any temporary/permanent structure, moveable or immoveable otherwise he will be liable to be prosecuted. The structure so constructed shall be liable to be demolished at the risk and cost of the licensee. A penalty shall be imposed upon the licensee as per DMC Act, 1957. (c) The site shall not be used for any purpose whatsoever, other than ‘parking of vehicles’, as per the terms & conditions of the agreement. 14. Duties and the responsibilities of the licensee w.r.t. Employees deployed for managing / operating the parking site. No subletting allowed:- (a) The licensee shall manage the parking of vehicles, security of the site, cleanliness, computerization, security (with CCTVs) wherever required either himself or through his employees. Such employees of the licensee will be in uniform while on duty and will also display / wear identification badges (as prescribed). He shall not sublet or allow any other persons(s) to run the car/scooter parking on his/ her behalf. In order to ensure civilized behaviour to his employees towards the general public. So any minor/bad character/ persons with past or present criminal record shall not be employed and shall arrange for the character antecedents, verification report in respect of each of his employees at his own cost, from the police authorities under proper intimation to licensor. Certificate to this effect be provided to RP Cell within a week of taking over the parking sites. (b) 15. The licensee shall comply with the directions of local police authorities given from time to time. Complaint register to be maintained by the licensee:- The licensee shall maintain a complaint register, as per specification provided by North DMC, at parking site and shall make it available to the vehicles owners to note down the complaints. North DMC will have the right to check the complaint book as and when required and the complaint register will be kept properly and place of its availability shall be mentioned on the signboard. 16. Parking slips to be mandatory issued by the Hand Held Device: The slips mentioning parking fee shall be issued to the commuters only through the Hand-Held Device, to record the time of entry, the time of exit, amount of parking fee charged and the registration number of the vehicles and such other details. This is mandatory and expenses there-for to be incurred by each licensee. Certificate to this effect using hand held device to be submitted to the RP Cell within a week after taking over the parking site. North DMC may require the data of the said hand – held device to be transmitted to it. (a) Parking slips issued through handheld device or manually shall have the details showing the Sl. No. the location of North DMC authorized parking site, name and address of the licensee along with the period of availability of license along with other details with bold letter whereas the other details which the contractor deems fit in conformity with the terms and conditions of the license which may be printed in small font. (b) The records of the computerized slips for hand held device shall be maintained by the licensee and North DMC shall have the right to demand/check this record at any time and the licensee shall be bound to furnish the same within the given time. 17. Licensee to be responsible for damage/loss to vehicles/ accessories during parking etc. Page 34 of 48 (a) The licensee shall be liable and responsible for any theft of vehicle / accessories and the damages / losses caused to the vehicles during its parking at the site. North DMC will not be responsible or liable on any account for the same and North DMC will not be made a party to any cycles/scooter/motorcycle/car etc. against loss, theft, damages riots, fire and /or other natural accidents. Licensee shall pay the premium thereon regularly in respect of insurance company and submit receipt to the DC/ ADC (RP Cell) along with the zerox copy of such insurance policy premium receipt for verification. Licensee will make good the losses due to theft, fire damages etc. to the owner of the vehicles. Licensee will get the insurance policy renewed from time to time during the license period failing which his license will be liable to be cancelled / terminated. (b) The licensee shall be liable and responsible for any loss of life and / or physical harm to the public on account of negligence on the part of licensee in maintaining the site properly. In case of multi storey car parking site, the licensee shall ensure that all the exit gates are open and escape routes are operational round the clock. (c) The licensee shall not cause any damage to the North DMC property either by himself or through his employees or general public. The licensee shall repair immediately, at his own cost, the damages that may have been (if any) caused to the parking wall/boundary/gate/advertisements etc. as a result of negligence during the parking of vehicles. The decision of Addl. Commissioner (in-charge of RP Cell) will be final and binding upon the licensee with regard to liability and quantum of damages to be paid by him. (d) The licensee shall be liable and responsible for a loss/damage caused in the parking or arising out of the parking sites and he shall indemnify and keep indemnified the North DMC in respect of the losses or damages or expenses of litigation at the North DMC may have to incur in connection with the parking sites. 18. Wooden Khoka for use by Licensee Demarcation of site safety of vehicles:- A wooden khoka of dimension not exceeding 10 ft. X 8 ft. may be allowed to be constructed by the Licensee at his cost during the period of agreement only. He can remove the same after the expiry of the agreement period and shall have no claim whatsoever after that. The licensee shall ensure safety of the vehicles. The licensee shall not allow parking of vehicles without parking slip. The licensee shall ensure that the site is used in such a way that it does not obstruct the very passage of the vehicles parked there, only the permissible number of rows /columns should be allowed for parking as per site map. Proper arrangement of lighting at the parking site will be the responsibility of the licensee. 19. (a) Licensee to hand over possession, if so required by the Licensor: In case the site is required by the Commissioner for a Municipal / public purpose, the licensee shall have to hand over the vacant possession of the site at once. In case the site is required for any particular period for the above purpose and the parking site remains closed with prior permission of the competent authority which is beyond control of licensee during the period of agreement, a proportionate amount of license fee for the vacant period may be refundable to him, as per rules, if due. (b) North DMC reserves the right to revise the area and change the site of parking space / place in the vicinity during the currency of the license. In case of revision of size of parking area during the currency of the license the licensee fee will stand revised in the same proportion for the remaining period of the license. Page 35 of 48 (c) The licensee shall not interfere with the work of construction by the North DMC or any other Govt. agency of any drain, pipe of cable etc. and shall repair at his own cost damage which may be caused to such works to the entire satisfaction of the licensor. (d) On the expiry of the period of license/ termination of the license the licensee shall peacefully hand over possession of the parking site to North DMC. 20. Determination of licensee: At the determination of agreement for whatever causes the licensee shall restore the land in the condition in which it stood immediately before the licensee took it over and shall peacefully hand over the possession of the said site to the licensor. In the event of determination of license, North DMC, reserves the right to ask the licensee to run and maintain the parking site on the terms & conditions of that agreement for a specific period as specified by North DMC, but in any case not beyond a period of 3 months. In case the Licensee refuses the offer or the extended period of 3 months elapses without the new licensee through the new tendering process being in place, the North DMC shall invite- the H-2 bidder of the last tender failing which the other licensees running the other sites satisfactorily- to run the site for a period not exceeding 3 months at the terms and conditions of the last agreement or at the modified terms and conditions to be determined by the Committee appointed by the Commissioner, North DMC for this purpose. Normally the MLF shall not be less than the MLF of the earlier H-1 bidder. 21. Licensee to intimate change of address: The licensee shall keep North DMC/RP Cell informed of the change in his address, etc. Otherwise a communication sent at the address given to the RP Cell shall be deemed to have been received by the licensee. The intimation of change of address shall also be given separately to the RP Cell for necessary amendments in the office records. Change in the constitution of the firm/ shareholding of licensee will not be allowed under any circumstances. 22. Entry in parking lot by the Licensor: (a) Authorized staff of North DMC will be entitled to enter the parking site at any time for checking purposes and the licensee is required to extend full co-operation during the checking. (b) The licensee will ensure that all the relevant documents relating to allotment of the license, payment of dues to North DMC for the license, etc. are available at the parking site which must be produced at site, on demand by any authorized municipal official. 23. No tenancy rights / title / interest: (a) This is a license for a limited period and a limited use of parking vehicle only and it shall not create tenancy rights enjoyable by the licensee. (b) No subletting of the parking site is permissible. The parking licensee shall manage the parking by himself/itself or through his/its employees but shall not be allowed to sublet the parking site to any other person/agency/firm liable to be cancelled. In case of violation / breach the parking agreement shall liable to be cancelled. (c) The land under site shall always remain the property of North DMC and the licensee shall not claim any right / title / or interest to any right or any nature of easement in relation to or respect thereto. 24. Penalty Clause: -Major & Minor Violation & Penalties thereon Page 36 of 48 (A) That the licensee shall abide by terms and conditions of this agreement and all rules and regulations, orders, instructions that North DMC may from time to time make or adopt or issue for the care, protection and administration of Parking and if violation in this regard is noticed on the part of licensee, the penalties leviable as noted below will be imposed. Description of Irregularities S.No. 1. Penalty Staff not in uniform/ without ID card Un- clean premises and improper housekeeping Rs. 500/- per violation/ irregularity Vehicle checking appliances not available in the parking Non-maintenance & unavailability of complaint register 2. Use of unapproved parking slips and not using hand-held device for issuing slips Rs. 1000/- per violation/ irregularity Misbehaviour by parking staff 2. Non-display of Information Board Parking area not marked with epoxy thermoplastic coats 3. Overcharging Rs. 5000/- Encroachment irregularity 4. Parking of Commercial Vehicle, if not permitted Rs. 500/- per vehicle 5. Use of parking space for other than parking purpose Rs. Criminal activity in parking area irregularity per 10000/- violation/ per per violation/ Using space beyond permitted area for parking of vehicles Any other violation will attract a penalty of Rs. 500/-. Violations noticed through CCTV coverage would be treated as ample proof for levy of penalties All activities including day to day inspections will be carried out by any authorized / officer / officials of the Corporation and their decision on fixing penalty shall be final and binding on the licensee i. The penalty amount will have to be deposited within 5 days of imposition. Beyond the period of 5 days it will attract interest @ 18 % p.a. ii. The violation(s) are defined as major & minor violations. Major violations will comprise of overcharging, encroachment, non-use of handheld device for issuing parking slips, covering parking area more than permitted, non- display of information board, criminal activity in parking area and use of parking area for other than parking purpose. If the contractor is penalized for committing major violation(s) for more than 3 times, then the contract is liable to be cancelled. 25. Breach of Agreement: North DMC shall have the right to terminate/determine the license and forfeit the security deposit(s), Bank Guarantee etc., if the licensee commits breach any of the terms and conditions of this agreement. 26. Blacklisting and cancellation of registration: The licensee, if any time, found overcharging/ cheating or engaged in any kind of malpractices including default in payment of license fee regularly shall be liable to be blacklisted in which case his security amount/earnest money / deposit will be forfeited and debarred from further tendering. Page 37 of 48 27. Duties of licensee during any repair work undertaken by the licensor: Duties of licensee shall be to hand over the vacant site in peaceful possession of the parking site to the North DMC immediately as and when asked for any work to be undertaken by North DMC directly or indirectly through some agency. 28. Compliance of any change / revision in the policy / rates of fee (a) Notwithstanding anything contained in this Agreement, North DMC has a right to revise the rates of parking fee at any time. In case of revision of rates of parking fee for different category of vehicles during the currency of the present agreement, the monthly license fee will be payable by the licensee with proportionate increase / decrease, depending upon the percentage of increase / decrease in the rates of parking fee, from the date of implementation of such revised rates of parking fee. (b) Any change in the parking policy by North DMC during the period of license, will be applicable to the present agreement and binding on all, including the parking licensee. Non-compliance of the same for any reason whatsoever, will lead to termination of the contract. (c) In case of implementation of any new comprehensive parking policy for Delhi, North DMC retains the right to cancel the license agreement of parking contracts by giving one month’s notice in writing and the contractor will not be allowed any extension on any ground whatsoever. (d) No remission shall be allowed on account of having any festival /mela / strike etc. however, in exceptional circumstances involving natural calamity occurred beyond control of any person, keeping parking site closed as per approval of competent authority of North DMC / Delhi Police / compensation / repair / maintenance works by Govt. agencies, competent authority. North DMC would consider on case to case basis on facts. 29. (a) Surrender: If the Licensee seeks termination of the licence/contract before the expiry of the period of licence agreement, he/she/they will give to North DMC three months notice in writing of his/ her intention to terminate the license and on the expiry of the said period, the agreement shall stand terminated. However, all submissions if any made till the date of termination will stand forfeited in favour of the Licensor (North DMC). (b) The licensee/ contractor, who have surrendered the site, shall not be eligible to participate in the tender process of the same site again. (c) In the case of surrender, Security deposit shall not be adjusted against the license fee of remaining months and shall be refunded after the termination of the license, if otherwise not withheld or forfeited for any other reason. (d) If any contractor surrenders any site under North DMC on three different occasions then he will be blacklisted and debarred from participating in future NITs of North DMC. 30. 31. All disputes shall be under the jurisdiction of Delhi Courts only. TCS u/s 206 C (IC) of IT Act 1961. As per the provision of section 206C (IC) inserted by the Finance 9 no. 2) Act, 2004 w.e.f. 01.10.2004 of Income Tax 1961, every successful tenderer shall be required to deposit TCS @ 2% along-with surcharge and Education cess on license fee or as applicable from time to time. 32. Other Taxes etc Page 38 of 48 The liability of all applicable taxes cess and fee or which may be made applicable due to change in Law or whatever reason shall vest with the contractor being service provider at the rates notified/revised by the Govt. of India or any agencies from time to time. 33. Limit on number of Sites One party (individual or company etc.) will not be allowed to obtain the award of work for more than 07 sites. In case, any bidder becomes successful in more than 7 sites, then only the first seven sites finalized in chronological order shall be considered for award of work to him. The successful bids made by the bidder over and above the aforesaid seven sites will be cancelled and the cancelled sites will be available for allotment to the other bidders participating in the tender process. Caveat NB: North DMC reserves the right to make any change in the document anytime for which the decision of the Commissioner North DMC shall be final and binding on the tenderer/licensee. At the time of the tender this document shall be signed by the tenderer and submitted along with the prescribed tender form as proof of acceptance of all terms & conditions of licensee agreement in the event of the tenderer being successful in the process. I/ We ______________ (Name of the Bidder), have seen and accept all the Terms and Conditions of the Tender. Witness : Bidder: Signature Name Address Company Date Signature Name Designation Company Date Company Seal LICENSOR Important Notes:1 . Each Page (from Pages ___ to ___) of the Tender Document should be signed by the Bidder, as token of acceptance of the terms and conditions of the Tender, and should be enclosed as part of the Pre-Qualification Bid. 2. North D.M.C reserves the right to make any change in the document anytime for which the decision of the Commissioner North D.M.C shall be final and binding on the Bidder/ Licensee. At the time of the tender this document shall be signed by the Bidder and submitted along with the prescribed tender form as proof of acceptance of all terms & conditions of Licensee agreement in the event of the Bidder being successful in the process. Page 39 of 48 Section 4.1 – Pre-Qualification Bid Annex 4.1.1 Pre-Qualification Annex 4.1.1: Pre-Qualification Bid Submission Form To, The Deputy Commissioner (R.P. Cell), North Delhi Municipal Corporation, 16th Floor, E1 Block, Dr. SP Mukherjee Civic Centre, Minto Road, New Delhi – 110 002. Dear Sir, 1. I/ We, the undersigned, offer to provide Goods/ Services to North Delhi Municipal Corporation (North D.M.C) for “Allotment of North Delhi Municipal Corporation Authorized Parking Sites on Monthly License Fee Basis” in accordance with your Tender dated 26.06.2015 and our Bid. We are hereby submitting our Bid, which includes this Pre-Qualification Annex 4.1.1 and Annex 4.1.2 and Annex 4.1.3, and the Financial Bid sealed in separate envelopes in respect of parking site at ____________________________________, Sr. No. ________ of Annexure C. 2. I/We hereby declare that all the information and statements made in this PreQualification Bid are true and accept that any misinterpretation contained in it may lead to our disqualification. We undertake, if our Bid is accepted, to commence the Parking Services not later than the date indicated in the Tender Document. 3. I/ We understand you are not bound to accept any Bid you receive. Yours faithfully, Dated this ____ day of ____, 2015 (Signature of the authorised signatory) Name : Full Adress : Telephone No. : Fax No. : Mail-Id : Company Seal Page 40 of 48 Annex 4.1.2 Pre-Qualification Bid Annex 4.1.2 – Profile of the Bidder (a) S. No. Item of Information (a) Details of the Bidder (i) Name of the Bidder Date of Incorporation/ Registration (copy of (ii) certification of Incorporation/ Registration must be enclosed) (iii) (iv) (v) Response of the Bidder Country of incorporation Whether the Bidder has a Registered Office in India Address of Registered Office in India (vi) Address of the corporate headquarters and its branch office(s), if any, in India (vii) Date of Commencement of Business (b) Details of the Individual(s) who will serve as the point of contact/ communication (i) Name (ii) Designation (iii) Name of the Company (iv) Address (v) Land Line Telephone No. with Extension No., if any (vi) Mobile Phone No. (vii E-mail Address (viii) Fax No. (c) Details of the Authorized Signatory of the Bidder (i) Name (ii) Designation (iii) Name of the Company (iv) Address (v) Land Line Telephone No. with Extension No., if any (vi) Mobile Phone No. (vii E-mail Address (viii) Fax No. (d) Experience of the Bidder in providing Parking Services (List all Assignments) (Insert additional rows, if required) (i) Name of the Client (ii) Date of Commencement of the Assignment (iii) Date of Completion of the Assignment (iv) Performance Certificate issued by the Customer for successful completion of the Project (d) Details of Bank Account (against which the Demand Draft/ Pay Order submitted towards the EMD has been issued and future payments to the North D.M.C will be made by the Bidder) (i) Bank Account No. (ii) Name of the Bank (iii) Address of the Bank Branch (iv) IFSC Code (v) MICR Code (vi) ECS Details Bidder: Signature Name Designation Company Date Company Seal Page 41 of 48 Annex 4.1.3 Pre-Qualification Bid Annex 4.1.3 – Response of the Bidder against Eligibility Criteria Important Note: Pre-Qualification Bids not accompanied with any of the documents/ information/ certificates/ undertaking mentioned in Column (3) of the table given below, is liable to be rejected. S. No. Eligibility Criteria (1) (i) (2) Power of Attorney for Signing of the Bid (ii) Bank Draft/ Pay Order towards the payment of Tender Document Fee of Rs. 1000/- (Rupees One Thousand only). (iii) EMD (in original) of the prescribed amount and validity pursuant to “Clause 8 of Section 2 – Instructions to Bidders”. (iv) Pre-Qualification Bid Submission Form (v) Profile of the Bidder (vi) Information Regarding Any Conflicting Activities and Declaration Thereof (vii) Any adult citizen of India / partnership firm / public limited company / private limited company / consortium firm (of not more than 03 entities with the condition that one should be principal entity with more than 50% stakes in the consortium)/ registered society / registered co-operative society / registered marketing association / registered RWA capable of entering into license agreement (ix) (x) The Bidder must have cleared all up-todate outstanding), if any, dues of the erstwhile Municipal Corporation of Delhi (MCD) and/ or North D.M.C. Any individual / partnership firm / public limited company / private limited company / Proof/ Supporting Document (s) to be enclosed in the PreQualification Bid Whether Enclosed (Yes/ No) (3) Duly filled and signed Power of Attorney in favour of the Authorized Signatory for the Bid as per format prescribed in Appendix A Bank Draft/ Pay Order drawn in favour of “Commissioner, North Delhi Municipal Corporation”. Bank Demand Draft/ Pay Order issued by a Nationalised/ Scheduled Bank for an amount of Rs. ___________/(Rupees _______ only) drawn in favour of “Commissioner, North Delhi Municipal Corporation”. Duly filled and signed PreQualification Bid Submission Form in the format prescribed in PreQualification Form Annex 4.1.1. Duly filled and signed bidder/ contractor’s Organization and Experience in the format prescribed in PreQualification Form Annex 4.1.2. Duly filled and signed Appendix B Copy of the Certificate of Incorporation under Indian Companies Act/ Registration issued by Registrar of Firms/ MOU as the case may be (4) An undertaking to this effect must be enclosed with this Pre-Qualification Bid. An undertaking to this effect must be enclosed with this Pre-Qualification Bid. consortium firm / registered society / registered co-operative society / registered marketing association / registered RWA whose license has been cancelled / black listed / debarred in the past by any Central / State Govt. department all over India, if any, or any of its partner / proprietor / director / member have been blacklisted for breach of terms and conditions of the Page 42 of 48 If enclosed, please give page no. of the prequalification bid (5) S. No. Eligibility Criteria Proof/ Supporting Document (s) to be enclosed in the PreQualification Bid agreement, shall not be eligible for offering tenders and the individual / partnership firm / Public Limited Company / Pvt. Limited Company / consortium firm/ registered society / registered co-operative society / registered marketing associations / registered RWAs shall be required to furnish an undertaking to this effect along with tender form. (xi) Any person/ party/ firm or parking contractor registered who is disqualified or An undertaking to this effect must be enclosed with this Pre-Qualification Bid. ineligible to participate in the tender shall not be qualified to offer the tender in the name of its associate concern subsidiaries/ principals/ front and the commissioner/ authorized officer on his behalf may declare the tenderer disqualified on this ground, if he is of the opinion that the said tenderer is acting in collusion with for the benefit of any other party who would have been disqualified to participate in tender of his own. (xii) In case the Bidder has already been allotted any parking sites by the North D.M.C, submit the following certificates and documents along with this Pre-Qualification Bid (a) No Dues Certificate, as on the date of issue of NIT, (for the current dues upto date and previous dues, if any) issued by Copy of the “No Dues Certificate” issued by Supdt. (R.P. Cell) and/or by the zonal authorities as the case may be Supdt. (RP Cell) for the period when the parking work was centralized at RP Cell level; and from Asstt. Commissioner of the concerned zone for the period when the parking work was decentralised at zonal level; (xiii) An undertaking by way of affidavit duly notarized to the effect as per annexure that: (a) All dues in respect of the previous agreements already allotted to him/them or any of their associated / sister companies / firms / dependent family members, stand cleared upto date and no amount on any account whatsoever is due. (b) No Benami tender has been submitted by him/them in the name of his/their dependent family members, employees, officials, servants or associated person, firm, company and in case it is found at any subsequent stage An undertaking by way of affidavit duly notarized to this effect must be enclosed with this Pre-Qualification Bid. An undertaking by way of affidavit duly notarized to this effect must be enclosed with this Pre-Qualification Bid. Page 43 of 48 Whether Enclosed (Yes/ No) If enclosed, please give page no. of the prequalification bid S. No. (xiii) Eligibility Criteria Proof/ Supporting Document (s) to be enclosed in the PreQualification Bid that any such Benami tender has been submitted or contract is allotted on the basis of such Benami tender, the tender / agreement shall be liable to be rescinded, the contractor blacklisted and the security forfeited. (c) The Bidder is aware that North D.M.C is having a new soft-ware called ‘Parking Information Management System’ which requires information under various categories. All rules / regulations / instructions / information issued for implementation of the ‘Parking Information Management System’, will be complied and submitted, as and when required, without any delay. (d) Declaring therein that the statements made by the Bidder and all the facts stated in connection with the tender and documents submitted in this behalf are true and correct to the best of his knowledge and nothing has been concealed therefrom. The Bidder shall mandatorily give: (a) The official e-mail ID of the Bidder. Note: All correspondence made or mail sent at such email ID shall be considered to have been received by him/ them. (b) (c) (d) Details of the Bank Account against which the Demand Draft / Pay Order submitted towards the EMD has been issued and future payments will be made by the Bidder. A copy of his/her/ their PAN Card(s)/ Income Tax Returns, copies of up-to-date pass book of any bank account he/ she holds in his favour Two recent photographs /authorized passport size of the individual signatory/ partner/ director/ authorized member of the tenderer/ firm/ society etc., as applicable along-with proof of An undertaking by way of affidavit duly notarized to this effect must be enclosed with this Pre-Qualification Bid. An undertaking by way of affidavit duly notarized to this effect must be enclosed with the Pre-Qualification Bid. The official e-mail ID of the Bidder must be provided in Annex 4.1.2 of the PreQualification Bid. Details of the Bank Account must be provided in Annex 4.1.2 of the PreQualification Bid. Copy of the PAN Card/ Income Tax Returns, copies of up-to-date pass book of any bank account the Bidder/ Bidder’s Firm/ Company holds in his/ her/ their favour must be submitted with the Pre-Qualification Bid. Two recent passport size photographs, proof of present residential address(Bank Pass Book, Landline Telephone Bill, Passport, Voter’s ID Card, Driving License etc. ) of the Bidder must be submitted with the Pre-Qualification Bid. present residential address, (Bank Pass Book, Landline Telephone Bill, Passport, Voter’s ID Card, Driving License etc.) (xiv) Availability Device(s) of Hand-Held Copy of purchase receipt/ bill of hand-held devices (at least two device). Page 44 of 48 Whether Enclosed (Yes/ No) If enclosed, please give page no. of the prequalification bid N.B. : 1) Any person who have not cleared past dues, if any, of Remunerative Projects Cell, North DMC or have been black-listed, need not apply against this tender and their tenders submitted shall be rejected summarily. 2) The tenderer / licensee shall quote the rates of the bid offered in the prescribed tender document both in words and figure clearly fixing the transparent legible tape on the rates quoted without any cutting or overwriting. Section 4.2 – Financial Bid Annex 4.2.1 Financial Bid Annex 4.2.1 – Monthly License Fee Bid To The Deputy Commissioner (R.P. Cell), Remunerative Project Cell (R. P. Cell), North Delhi Municipal Corporation, 16th Floor, Dr. SP Mukherjee Civic Centre, Minto Road, New Delhi - 110002. Dear Sir, Subject: Tender No. ____________________ dated __.__.2015 - Allotment of North Delhi Municipal Corporation Authorized Parking Sites on Monthly License Fee Basis – Monthly License Fee Bid - regarding Parking Site at _____________________, Sr. No. ______of Annexure C. 1. I/We, the undersigned, offer our Bid for “Allotment of North Delhi Municipal Corporation Authorized Parking Sites on Monthly License Fee Basis” in accordance with your above mentioned Tender. We are hereby submitting our Financial Bid, which include this Monthly License Fee Bid, along with the requisite Tender Document cost and Bid Security in the form of a Bank Demand Draft/ Pay Order. 2. I/We are aware that the minimum reserve monthly license fee is Rs. _____________ (Rupees __________ only) per month. 3. I/We hereby offer to provide Parking services at the following Parking Sites specified by the North D.M.C at the Monthly License Fee mentioned below in para 6 and as per Parking Rates indicated in the “Schedule of Rates and Time Duration” enclosed herewith. 4. Date of Commencement of Parking Services: I/ We do hereby undertake that, in the event of acceptance of our bid, the Parking Services shall be made within 15 days of the issue of offer letter and that we shall perform all incidental services. 5. License Fee: Our License/ Price Bid is as under: Sr.No. in parking list (as per clause 7.4) Name of the Parking Site License Fee Per Month Quoted by the Bidder (in Rupees) In Figures In Words N.B. : The bidder shall quote the rates of the bid offered both in words and figure clearly fixing the transparent legible tape on the rates quoted without any cutting or overwriting. 6. I/ We agree to abide by our offer for a period of 90 days from the date fixed for opening of the Pre-Qualification Bid and that we shall remain bound by a communication of acceptance within that time. 7. I/We have carefully read and understood the terms and conditions of the Tender Document applicable to this Tender and I/ We do hereby undertake to provide Parking Services at the Parking Site of North D.M.C as per these terms and conditions. Page 45 of 48 8. Earnest Money Deposit (EMD)/ Bid Security in the form of a Bank Demand Draft/ Pay Order No. _________ dated ________ issued by the Bank _________ for an amount equal to Rs. ________/- (Rupees ______________ only) drawn in favour of Commissioner, North Delhi Municipal Corporation and payable at New Delhi is enclosed in the cover containing PreQualification Bid. 9. I/We do hereby undertake, that, General Conditions of Contract, the Tender Document, and this Bid together with your written acceptance thereof and placement of letter of intent awarding the work, shall constitute a binding contract between us. Yours sincerely, Dated this Signature of Bidder : day of May, 2015 Name Full Address Telephone No. Fax No. Mail Id. : : : : : Company Seal Page 46 of 48 Section 5 – Appendices Appendix A Appendix A – Format for Power of Attorney for Signing of the Bid Know all men by these presents, We, _______________________________________________________(name of firm/ company/ society and address of the registered office) do hereby constitute, nominate, appoint and authorize Mr./ Ms______________________son/ daughter/ wife of ______________________and presently residing at ____________________________________________________________________________, who is presently employed with us and holding the position of ________________________as our true and lawful attorney (hereinafter referred to as the “Authorized Representative”) to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connection with or incidental to submission of our Bid “Allotment of North Delhi Municipal Corporation Authorized Parking Sites on Monthly License Fee Basis” including but not limited to signing and submission of all applications, bids and other documents and writings, participate in pre-proposal and other conferences and providing information/ responses to North D.M.C, representing us in all matters before North D.M.C, signing and execution of all contracts and undertakings consequent to acceptance of our proposal and generally dealing with North D.M.C in all matters in connection with or relating to or arising out of our Bid for the said Tender and/or upon award thereof to us till the entering into of the Agreement with North D.M.C. AND we do hereby agree to ratify and confirm all acts, deeds and things lawfully done or caused to be done by our said Authorized Representative pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Authorised Representative in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us. IN WITNESS WHEREOF We, executed this Power of Attorney on this ___ day of (Signature) (Name, Title and Address) Witnesses: 1. [Notarised] Accepted (Signature) (Name, Title and Address of the Attorney) Page 47 of 48 , the above named Principal have , 2015. Notes: The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable law and the charter documents of the executant(s) and when it is so required the same should be under common seal affixed in accordance with the required procedure. Also, wherever required, the Bidder should submit for verification the extract of the charter documents and documents such as a resolution/ power of attorney in favour of the person executing this Power of Attorney for the delegation of power hereunder on behalf of the Bidder: For a Power of Attorney executed and issued overseas, the document will also have to be legalized by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney is being issued. Appendix B Appendix B - Format for Information Regarding Any Conflicting Activities and Declaration Thereof (On Letter Head of the Bidder) I/ We hereby declare that our Firm/ Company/ Society are not indulged in any such activities which can be termed as the conflicting activities. We also acknowledge that in case of misrepresentation of the information, our Bids/ Contract shall be rejected / terminated by the North Delhi Municipal Corporation which shall be binding on us. Dated this _____ day of _____, 2015 Signature of Bidder Name Full Address Telephone No. Fax No. Mail Id. : : : : : : Company Seal Page 48 of 48