SOUTH DELHI MUNICIPAL CORPORATION OFFICE OF THE DEPUTY COMMISSIONER (R.P. CELL)

Dr. Shyama Prasad Mukherjee Civic Centre (25TH Floor), Jawaharlal Nehru Marg, New Delhi-110002, Ph. No. 011-2322-7505

TENDER NOTICENo: RPCELL/2012-13/01 Dated: 20/03/2013

TENDER FOR ALLOTMENT OF AUTHORISED PARKING SITES UNDER THE JURISDICTION OF SDMC. The schedule shall be as follows:

Date of issue of Tender Wed, 20th March,2013, 1000 Hours onwards

Pre Bid Meeting Mon, , 25th March 2013 at 1500 Hours at 25th Floor, Conference Hall, Civic Centre,

New Delhi-110002 Date of issue of Corrigendum/Addendum

Thu, 28th March 2013 At 1500 Hours

Last Date Of Submission of Tender Documents

Mon, 15th April Till 1200 Hours

Date of Opening of the Qualification Bid

Mon, 15th April At 1500 Hours

Date Of Opening of Financial Bid Thu,18th April At 1500 Hours

Parking contractors registered with RP Cell, SDMC may submit their tender documents along with requisite Earnest Money and other documents as mentioned in the prescribed tender Document, which can be obtained/ downloaded through South Delhi Municipal Corporation’s website www.mcdonline.gov.in , for which the requisite Fee of Rs 1,000/- (Rupees One Thousand Only) shall be deposited by way of demand draft/pay order payable at Delhi drawn in favour of Commissioner, South Delhi Municipal Corporation along with submission of the application. Any tender document without the tender fee shall be summarily rejected.

Sd/-Admin. Officer (RP Cell)

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TERMS & CONDITIONS OF TENDER & LICENSE AGREEMENT FOR ALLOTMENT OF SDMC AUTHORIZED PARKING SITES ON MONTHLY LICENSE FEE FEES BASIS.

INSTRUCTIONS FOR SUBMITTING TENDER:

(A) BIDDING CRITERIA AND ESSENTIAL PRE-REQUISITES

(B) BID SUBMISSION INSTRUCTIONS

(C) SCOPE AND EVALUATION

(D) TIME LINES

(E) WORK ORDER / AGREEMENTS / OTHERS

ANNEXURE-1 Format for Bank Guarantee

ANNEXURE- 2 Format for bid application

ANNEXURE-3 Format for affidavit

ANNEXURE – 4 Format for financial bid

ANNEXURE-5 Duties & responsibilities of Licensee, Other Terms &

Conditions and Important Instructions:

ANNEXURE- 6 Parking rates

ANNEXURE -7 Details of Parking Sites put to Tender

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INSTRUCTIONS FOR SUBMITTING TENDER:

(A) BIDDING CRITERIA AND ESSENTIAL PRE-REQUISITES

1. ELIGIBILITY CRITERIA FOR PARTICIPATION IN THE TENDER: -

a) Any individual, Sole Proprietorship Firm, Partnership Firm, Registered Society/Registered Co-operative Society, Public Limited Company or a Private Limited Company registered as a parking contractor with South Delhi Municipal Corporation (SDMC) capable of entering into license agreement, who has/have cleared all dues of the erstwhile MCD /SDMC, if any, shall be eligible to participate in the tender for allotment of parking sites as per terms & conditions of this tender.

b) The individual, Sole Proprietorship Firm, Partnership Firm, Registered Society/Registered Co-operative Society, Public Limited Company or a Private Limited Company should be registered as parking contractor with SDMC on date of submission of the bid. It shall be the sole responsibility of prospective bidder/contractor to ensure its registration prior to submission of bid taking the fact into consideration that the registration process takes at least 15 days time.

c) The prospective bidder has to submit separate bid for each parking site.

d) The prospective bidder can only bid against the parking site/ category for which the contractor / bidder is registered or below that category, with SDMC under the parking contractor guidelines.

For example if a contractor is registered under category A, he can bid against all the three categories i.e. A, B & C. Similarly, a contractor registered under category B, can only bid against a parking site of category B & C. The same way a contractor registered under category C, can only bid against the site listed under category C.

2. TENDER FEE :

The complete tender document can be obtained/ download through South Delhi Municipal Corporation’s website www.mcdonline.gov.in, for which the requisite Fee of Rs 1,000/- (Rupees One Thousand Only) shall be deposited by way of demand draft/pay order payable at Delhi drawn in favour of Commissioner,

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South Delhi Municipal Corporation along with submission of the application. Any tender document without the tender fee shall be summarily rejected.

3. EARNEST MONEY DEPOSIT IN THE FORM OF BANK GUARANTEE :

(a) There will be different monthly Minimum Reserve Price (MRP) for each of the parking site as per their location / size/ revenue potential etc. and same will be mentioned against the site in the NIT. The bidder shall have to deposit Bank Guarantee for an amount equal to Three (3) times the monthly Minimum Reserve Price for the site as Earnest Money Deposit (EMD), with tender form. Tenders submitted without the earnest money (Bank Guarantee) will be rejected summarily. The MRP of each site is given at ANNEXURE-7

(b) Format for Bank Guarantee is provided at ANNEXURE-1

(c) The earnest money of unsuccessful bidders shall be refunded on request of the bidder within 7 days of signing of contract with the successful bidder. The unsuccessful bidders have to send a written request to that effect.

(d) The Earnest Money shall be forfeited on account of any of the following reasons:

I. In case the bidder does not accept the offer of allotment from the SDMC within 15 days (fifteen days) of issue of offer letter or if the bidder withdraws the proposal during the validity period specified in tender.

II. If the bidder does not respond to requests for clarification of its proposal,III. If the bidder fails to provide required information during the evaluation

process,IV. If the bidder resorts to malpractices with an ulterior motive to effect the

chances of rival bidders which includes sudden complaints / RTI’s/ Newspaper reporting about competing bidders post the phase when the tender has been published.

(e) The EMD of the successful bidder shall be returned after he furnishes the Performance guarantee/Security deposit and executes the contract.

4. PERFORMANCE GUARANTEE/ SECURITY DEPOSIT :

A Demand Draft/Pay Order in the name of Commissioner, SDMC by a Scheduled/ Nationalized bank for an amount equivalent to the 6 (Six) times of the Monthly Licensee Fee (MLF) of the parking site (as quoted by the contractor/bidder), has to be made before the parking site is handed over to successful highest bidder. This shall be kept as security deposit and not adjustable towards MLF and shall be refunded to the bidder after successful completion of contract agreement period, without any interest on it. The performance guarantee shall be returned after completion of the contract period or termination of the contract (subject to

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deductions/ forfeiture which may be applicable on account of non performance in such an event)

5. Documents to be submitted with tender form:

a) A bidder shall be required to submit the following certificates/undertakings and documents in their QUALIFICATION BID.-

(i) Bid Application in Format given at ANNEXURE-2

(ii) Copy (self attested) of Certificate of Registration with SDMC.

(iii) No Dues Certificate (for the current dues up to date and previous dues, if

any) issued by AC/AO/Supdt. (RP Cell) [In case the intending bidder has already

been allotted any parking sites by the SDMC]

(iv) An undertaking by way of affidavit (ON RS 100/- STAMP PAPER) duly

notarized to the effect as per ANNEXURE-3

(v) The official e-mail ID with the tender document (all correspondence made or

mail sent at such email ID shall be considered to have been received by

him/them.)

(vi) A copy of his/their PAN Card(s);

(vii) Two recent passport size photographs of the individual /partnership

firm/ Public Limited Company/ Pvt. Limited Company as applicable.

(viii) Bank Guarantee for an amount equal to Three times the monthly

Minimum Reserve Price for the site as Earnest Money Deposit (EMD)

(ix) Fee of Rs 1,000/- (Rupees One Thousand Only) by way of demand

draft/pay order payable at Delhi drawn in favour of Commissioner, South

Delhi Municipal Corporation

(x) Qualification bid should be submitted in format required for Qualification

bid & should be kept in separate sealed cover super scribing ‘Part I –

Qualification bid - “Tender for allotment of authorized parking sites under

the jurisdiction of SDMC”.

b) Following Documents/ Information need to be submitted in “FINANCIAL BID”

(i) Financial Quote for the Parking Site that has been bid for in the Format given at ANNEXURE–4

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(ii)Financial bid to be submitted in format required for financial bid & should be kept in separate sealed cover super scribing ‘Part II – Financial Bid - “Tender for allotment of authorized parking sites under the jurisdiction of SDMC”.

c) Any tender not accompanied with any of the above mentioned documents / information / certificates, is liable to be rejected.

d) Separate tender should be submitted for each site which the bidder wishes to bid for.

e) Any parking contractor, who has not cleared past dues, if any, of SDMC/erstwhile MCD or has been black-listed, shall not be eligible to apply against this tender and if they submit the tender then it shall be rejected summarily.

6. BID – ROLES AND RESPONSIBILITIES

(a) Supporting infrastructure to be provided to the selected bidder by SDMC: The South Delhi Municipal Corporation shall provide following support to help in execution of the contract. This shall include but not limited to the following:

Nodal Officer for assistance and approvals / removal of hindrances required to rollout the project successfully. This shall include but not limited to coordination with different stakeholders, issue of NOC (No Objection Certificates), Public Notice, Intimation to Stakeholder, Coordination with local Police for the successful implementation of the project etc

Removal of encumbrances from the parking site - SDMC shall provide possible assistance for making hindrance-free site to the contractor. The parking site shall be given to H1 bidder on ‘as is where is’ basis.

Authorization Certificate: SDMC shall issue an authority letter to the parking contractor authorizing him to operate the parking site on behalf of SDMC.

Liaison with agency authorized by SDMC for e-parking solution. : In future SDMC may authorize any agency for implementation of handheld based e-parking solution in all the parking lots of SDMC. In this regard SDMC shall assist the Parking Contractor in organizing discussions/ technical information with this agency to enable the parking contractors to implement the e-parking solution. In the first phase, the e-parking solution would be implemented for cash-based ticketing and subsequently the system would be made compatible with Smart Cards.

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(b) Duties/Responsibilities of licensee for parking managementThe duties/responsibilities of licensee for management of parking sites shall be as specified in ANNEXURE- 5

(c) Responsibility of bidder before offering bid:

i. 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 the bid for the same. The bidder shall acquaint him of all the local conditions and the parking sites conditions.

ii. The bidder should bid the amount by considering its entire revenue potential. SDMC will not be responsible for any decline in the 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 SDMC without any kind of response to the licensee & the licensee shall not be entitled to make any claim / remission on that account.

iii. Each bidder must conduct survey of the existing processes and make independent evaluation of the scope of work. No bidder can hold the South Delhi Municipal Corporation responsible for non understanding of the scope of work. Bidders are free to visit the said parking site to understand the field operations and current revenue administration. The process is fully in public domain and no separate information shall be given to any bidder by the South Delhi Municipal Corporation on this account.

iv. HAND HELD DEVICES AND REVENUE COLLECTION: The contractor shall have to ensure parking of vehicles by using “Hand held device” as approved by SDMC to record the time of entry and registration number of the vehicle at his own cost. Any failure on this account shall attract penalties and other actions as per provisions of the NIT/Guidelines of registration of parking contractors in SDMC.

7. PARKING CHARGES/FEE:-

i) The licensee shall ensure that the parking charges / fee prescribed/approved by SDMC for various categories of vehicles shall be charged during the period of contract. The licensee shall charge the parking charges only as per the prescribed rates decided by SDMC. The parking charges prescribed/approved by SDMC are attached as ANNEXURE (6).

ii) SDMC reserves the right to revise the parking charges during the currency of the agreement. Any change in the parking policy and parking charges/ fees by SDMC during the period of license, shall be applicable to the present contract and

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binding on all, including the parking contractor. Non-compliance of the same for any reason whatsoever, will lead to imposition of penalty applicable from time to time. In case of proportionate increase of MLF the decision of SDMC in this behalf shall be final and no request of the contractor shall be entertained in this regard.

iii) Compliance of any change / revision in the policy / rates of fee: Notwithstanding anything contained in this contract, SDMC reserves the right to revise the rates of parking charges /fee during the currency of the agreement or at any time. In case of revision of rates of parking charges /fee for different category of vehicles during the currency of the present contract, the monthly license fee shall be payable by the Parking contractor 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.

iv) The procedure that will be adopted in case SDMC revises the parking charges /fee shall be as follows : In case the Corporation revises the prescribed rates for Parking charges /fee in the mid course of the Contract, the following procedure shall be adopted:

a) The Corporation shall issue fresh tenders for each of the sites on the basis of revised parking rates to seek bids for revised MLF.

b) The current licensee shall be given RIGHT OF FIRST REJECTION to match the H1 that would be arrived at, on the basis of new bids received. It should be borne in mind that there shall not be any conflict of interest between existing contractor and the H1.

c) In case the current licensee agrees to match the said H1 MLF rate, the current contract shall be continued for the balance period on the revised MLF (remaining terms & conditions remaining the same). The Licensee shall be required to deposit the revised Performance Guarantee amount (based on new MLF).

d) In case, the current licensee does not agree to match the H1 rate, the site shall be deemed to be treated as surrendered by the licensee. The existing contract shall be closed as surrendered, and the site shall be allotted to the H1 bidder.

e) The current licensee shall be continued to operate the parking site till such time the revised rates are finalized (or contract is over, whichever is earlier).

For the period -[From the date of notification of revised rates; up to the date of revision of contract (new MLF) or closure of contract, as the case may be],The current licensee shall be liable to pay MLF equal to the H1 rate with effect from date of notification of revised rates and its implementation that would be arrived

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at, in the revised bids, irrespective whether the current licensee accepts the right of first rejection or not.

f) Provisional payment of revised MLF by the current licensee: From the date of revision of parking rates, the licensee shall be required to hike the MLF payable to the corporation provisionally by X% (calculation of X defined in next Para). This provisional payment would, be subject to adjustment on the basis of final MLF that would be arrived at as per previous Para. If the MLF rate arrived through tender system is more than the provisional payment, the Licensee shall be required to pay the balance amount. In case of reverse, Corporation shall adjust the excess payment from the future payment due from the contractor.

New MLF = Old MLF *[1+ X (%)/100]

g) To calculate ‘X’ following standard formula shall be applied:

X = [(B-A)/A]*100%; subject to a minimum of 0%.

(i.e., if X turns out to be negative, it shall be taken as zero)

Where –

A = Old parking Rate for Car/SUV; parking for 3 Hours.

B= New parking Rate for Car/SUV; parking for 3 hours.

8. REMISSION

No remission shall be allowed in general on account of having any festival /mela / strike etc. However, in exceptional circumstances involving natural calamity which may occur beyond control of any person or keeping the parking site closed as per approval of competent authority SDMC may consider the request on case to case basis on facts and circumstances subject to verification/confirmation by the concerned department. This shall be in rarest of rare circumstances. The decision of competent authority in this regard shall be final and binding.

9. TIMINGS:-

The parking shall remain open round the clock and the contractor shall allow parking of vehicles at all times except for valid reasons.

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10.PENALTY CHARGES

The Parking contractor shall have to abide by all the relevant provisions of the DMC Act, Bye-laws framed there under, Orders/Directions of the Courts of law, Instructions /Guidelines for Registration/Renewal, the Terms & Conditions of the contract and also of the Notice Inviting Tender, as may be applicable from time to time. Noticing any above violations the Competent Authority shall have the right to demote a Parking contractor, suspend business with him for any period, debar him or cancel his registration and/or black-list him, after following due process of law. The decision of the Competent Authority in this behalf shall be final and binding. The mentioned below penalties shall be leviable with the approval of competent authority:

Minor Violations PenaltyA. Non wearing of UniformB. Non maintaining of complaint

registerC. Vehicle Without Parking Slip

(Except Those Exempt From Payment of Parking Fees

A. For every Minor violation mentioned from (A) to (C) the Parking contractor shall be levied Penalty charges of Rs.5000/- per violation.

Major Violations Penalty

A. OverchargingB. Non-use of hand-held device for

issuing parking slips.C. Covering parking space more-

than allowed/ parking of the vehicles beyond permitted area

D. Non-display of Notice board showing map, parking charges and other instructions.

E. Non marking of Yellow line.F. Any Violation of contents

affirmed in the Affidavit submitted along with the Registration form.

G. Any violation other than listed above as decided by the competent authority

1. First instance of violation 25% of the monthly license fee2. Second instance of violation50% of the monthly license fee3. Third instance of violation 75% of the monthly license fee4. Fourth instance of violation One month license fee.5. Fifth instance of violation. Cancelation of license.

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SDMC shall reserve the right to carry out day to day inspections by any official of the Corporation or any other person/agency authorized in this regard and on the basis of inspection report submitted to the competent authority the decision of competent authority on fixing and levying penalty shall be final and binding on the Parking contractor.

In case the contractor commits 5 times any major violation during the period of the contract of a parking site then the contract is liable to be cancelled with the approval of competent authority.

11.PARKING DETAILS :

(a) SDMC shall supply a map (on SDMC web-site www.mcdonline.gov.in) of the parking area to be allotted to the tenders together with demarcated exact area of site allowed for the parking and the contractor shall use the parking space strictly according to the map. This map shall be signed by the AO/ Supdt. of the RP Cell and by the licensee himself also at the time of handling / taking over of the site. Map shall be displayed prominently at the parking site at a place designated for the purpose as decided by SDMC.

(b)Details of Parking Sites put to tender in this NIT and their Minimum License Fee is specified in ANNEXURE - 7

12.PREMATURE CLOSURE OF CONTRACT

In case of implementation of any new comprehensive parking policy for Delhi or parking site being required by Government / Corporation, SDMC 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 under any condition whatsoever.

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(B) BID SUBMISSION INSTRUCTIONS

1. VALID TENDER DOCUMENT :

Only those tender documents which are submitted along with the prescribed EMD and Tender fee shall be considered in the evaluation process.

2. ENVELOPES :

Tender shall be deposited in a sealed cover super scribed by “TENDER FOR ALLOTMENT OF AUTHORISED PARKING SITES UNDER THE JURISDICTION OF SDMC”, containing two sealed envelopes, one for “Qualification Bid”; second for ‘Financial Bid’, duly super scribed – Tender Name, Qualification bid/ Financial Bid & Opening Date and name / address of the bidder to ensure that the documents are returned at correct addresses for unsuccessful bids.

The qualification bid and financial bid shall be submitted separately in two separate sealed envelopes super scribed appropriately, qualification bid and financial bid as applicable These two envelopes shall be then placed in one envelope which shall be super scribed Tender for the allotment of parking sites in SDMC.

3. SUBMISSION PROCEDURE:

The duly filled tender should either be submitted in tender box or sent by registered post (which shall be valid only if received before the due date).

a) Tender form should be clearly filled in ink/duly typed giving full name and address of the party and in English Language only. All correspondences and other documents pertaining to the contract, which are exchanged between the parties, shall be written in the English.

b) Any interlineations, erasures, over-writing, alterations, additions, etc. will disqualify the Tender unless such interlineations, erasures, over-writing, alterations, additions, etc are legibly attested and signed by the party.

c) That the document (all pages) must be signed by an authorized signatory of the bidder

d) The Bidder is expected to carefully examine all the instructions, guidelines, terms and conditions and formats of the tender in his own interest. Failure to furnish all the necessary information as required or submission of a proposal not substantially responsive to all the requirements of the tender shall be at Bidder’s own risk and may be liable for rejection.

e) No bidder is allowed to modify, substitute, or withdraw the Proposal after its submission.

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f)Bidders shall submit their Proposals at the given address on or before the last date and time for receipt of proposals mentioned in the tender documents.

REJECTION OF BIDS: That the South Delhi Municipal Corporation reserves the right to reject any / all bids without assigning any reason thereof and without incurring any liability to the affected bidder(s) or any obligation to inform the affected bidder(s) of the grounds for such decision. The South Delhi Municipal Corporation may at its sole discretion and at any time during the evaluation of Proposal, disqualify any Bidder, if the Bidder has:

a) Made misleading or false representations in the tender document submitted by him in the tender.

b) Has any pending dues with erstwhile MCD or SDMC

c) Any bidder whose parking license has been cancelled / has been blacklisted by SDMC/erstwhile MCD due to any reason.

d) Any bidder who in the eyes of SDMC may deem to have been acting as a front for a disqualified agency / person / company.

e) Tries to influence the tender process through direct contact with any

official involved in the tender process or through manipulative news reports against any competing bidder / complaints against competing bidders from known or unknown sources.

f) Submitted a proposal that is not accompanied by required

documentation or is non-responsive. In the absence of any document as required, the concerned party shall be considered as not eligible and in that eventuality their tender shall not be considered.

g) Failed to provide clarifications related thereto, when sought;

h) Any delay in receipt of tender documents through post / courier shall render the tender invalid. Telegraphic / fax/ e-mail tender etc shall be summarily rejected.

i) Information relating to the examination, clarification and comparison of the Proposals shall not be disclosed to any bidder or any other persons not officially concerned with such process until the selection process is over. The undue use by any Bidder of confidential information related to the process may result in rejection of their bid.

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j) The Qualification Bid proposal should not include any financial information. A Qualification Bid proposal containing any financial information shall be summarily rejected.

k) Any superfluous document/s not related to the mandatory criteria in company profile shall not be taken into account and shall result in summary rejection of bids. All participating bidders are clearly instructed to attach documents which are relevant to the scope of work / mandatory criteria as specified in the tender document and not any other work.

l) Any bidder found indulging in malicious campaign or disinformation

campaign or personal character assassination / vilification against any official of the South Delhi Municipal Corporation or any other bidders either directly or through third parties, at any time after publication of the NIT, shall be liable for rejection of bids and other legal actions as per law. Such bidders may also be blacklisted by the Municipal Corporation.

4. PRE BID MEETING :

The South Delhi Municipal Corporation may convene a pre-bid meeting to address any Tender related queries. However, it be clear that the South Delhi Municipal Corporation shall entertain only those questions which have been submitted in writing on the letter head of participating bidders/registered contractors duly received at RP Cell of South Delhi Municipal Corporation at least 2 working days in advance to the pre bid meeting. No questions other than that submitted in writing shall be entertained. Each bidder must mention his registration number while submitting queries for the pre-bid meeting. Amendments necessitated, if any, as a result of the pre-bid meeting or otherwise shall be made available to participating bidders through email only. It shall be the responsibility of the bidders to fine tune their proposals incorporating the amendments so communicated through the email. The South Delhi Municipal Corporation shall not be responsible for any oversight or negligence on part of the bidders on the amendments to the terms and conditions of the tender document and notified through the email. That the South Delhi Municipal Corporation shall not be responsible for communicating the same through phone or post.

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(C) SCOPE AND EVALUATION

1. Acceptance of tender / bid:-

(a) The validity of the offer shall be 30 days 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 future 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, SDMC or any other officer authorised / designated by the competent authority. 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 may be given to the highest bidder (at the discretion of the competent authority), 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 decided by lucky draw system under the supervision of competent authority of the SDMC in the presence of both the bidders.

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(D) TIME LINES

1. TENDER OPENING:

Tender shall be opened in the presence of intending bidders/their representatives, who may like to be present at that time. In case Tender opening date is declared HOLIDAY, Tender shall be received and opened on next working day at the same time specified in the NIT (Notice Inviting Tender).

2. VALIDITY OF OFFERS :

Proposals shall remain valid for a period of 90 days from the date of opening of the technical bid. The South Delhi Municipal Corporation reserves right to reject a proposal valid for a shorter period as non-responsive. In exceptional circumstances, the South Delhi Municipal Corporation may solicit the bidder’s consent as an extension of the period of validity in the interest of SDMC.

3. GESTATION PERIOD:

The selected bidder shall also get a maximum gestation period of 15 days from the date of issue of work order post signing of the agreement to set up the necessary infrastructure to commence the implementation of the project. No extension of gestation period shall be allowed except for force majeure clause or non fulfillment of Conditions Precedent.

4. CONDITIONS PRECEDENT :

That the date of the commencement of the project shall become and effective binding on the selected agency from the date of issue of work order provided however the following conditions are fulfilled by the South Delhi Municipal Corporation to go ahead with the project: All administrative approvals are granted/ site possession given/ and Nodal

Officer is appointed along with the work order / agreement / bank accounts are operationalized for effective implementation of the project and SDMC meets it obligations in the tender.

Non Compliance of Conditions Precedent: it is agreed that, it the above preconditions are not met 15 days from the date of such agreement, then the South Delhi Municipal Corporation shall, at the option of the selected agency, complete all such required approvals by extending the time limit by another suitable duration as both parties may decide collectively.

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5. TIME PERIOD :

The license will be for duration of THREE 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 as well as no complaint / show cause notice/ penalty notice pending against him). However, if the registered licensee continues 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.

(E) WORK ORDER / AGREEMENTS / OTHERS

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1. WORK ORDER :

The Letter of Intent shall be issued within 3 days of finalization of tender and a work order shall be issued within 2 days of receipt of letter of acceptance from the selected agency in response to the Letter of Intent.

2. AGREEMENT –

An agreement would be executed simultaneously along with the issue of work order to ensure successful working of the system between the South Delhi Municipal Corporation and the bidder selected to implement the system that would also define the terms and conditions for completion of the project in a time-bound manner. In the event that any provision of the agreement is rendered invalid or unenforceable by any law or regulation or declared null and void by any Court of Competent Jurisdiction, that shall be reformed, if possible to conform to law and if reformation is not possible, that part of the Agreement shall be amended/deleted, the remainder of the provisions of the agreement shall remain in full force and effect. That this contract and the agreement shall endure irrespective of change of constitution of the implementing agency or any amendment to the act / rules / regulations / bye laws hereafter made and shall have an arbitration clause in the agreement. That the tender document and outcomes of all negotiations with the selected bidder shall form a part of the agreement. Amendments / additions may also be necessitated on account of Coordination Committee deliberations.

3. AGREEMENT TO BE EXECUTED:-

The successful tenderer shall execute an agreement with the SDMC in the format to be supplied by the SDMC on a non-judicial stamp paper of Rs. 100/- duly attested by 1st Class Magistrate or Oath Commissioner, to be purchased and provided by the said tenderer within 15 days of acceptance of the offer, failing which the earnest money shall be forfeited and offer by the SDMC shall be deemed to have been cancelled.

4. SUCCESSOR BODY:

That if there is a change in the constitution of the implementing agency, its successor body shall be bound by the agreement during its tenure.

5. DATA TRANSFER TO MUNICIPAL CORPORATION :

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That all bidders accept and agree to hand over the entire data / records generated from the parking site to the South Delhi Municipal Corporation in soft copy. The manner and format including that generated from handheld devise system, for supply of data will be decided by corporation.

6. EXCLUSIVITY :

The successful bidder shall have exclusive right for the implementation of the said project for the time period as defined above and no agreement or arrangement permitting such activities by any other party shall be entered into with any other party during the concession period by the Competent Authority.

7. FORCE MAJUERE :

The bidders shall not be responsible for failure or delay in performing their obligations under presents due to force majeure, which shall include but not be limited to war (invasion, armed conflict or act of foreign enemy, blockade, revolution, riots, insurrection, civil commotion, act of terrorism, or sabotage), Act of God, epidemic, cyber terrorism / cyber criminals, lightning, earthquake, cyclone, whirlwind, flood, tempest, storm, drought, lack of water or other unusual or extreme adverse weather or environmental conditions, action of the elements, meteorites, fire or explosion, strike, embargo put by the Government or any Court Of Law / threats from anti national elements / political protests against the project or extortion from anti social elements, theft, loot or any other situation not envisaged at the time of formulation of this project / tender. If the circumstances leading to force majeure occur, the affected party shall give notice thereof to the other party. The notice shall include full particulars of the nature of Force Majeure event, the effect it is likely to have on the Affected Party’s performance of its obligations and the measures which the Affected Party is taking, or proposes to take, to alleviate the impact of the Force Majeure Event and restore the performance of its obligations. The obligations of the Affected Party shall be suspended to the extent they are affected by the Force Majeure.

8. TERMINATION OF CONTRACT:

The South Delhi Municipal Corporation may at any time terminate the Contract by giving written notice to the Agency, if it becomes bankrupt or otherwise insolvent or in case of dissolution of firm/company or winding up of firm/company.

The contract may also be terminated due to non-performance of selected agency during execution of Project. In such case the South Delhi Municipal Corporation shall intimate the selected bidder in writing about all issues where performance

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is below the expected level or is not satisfactory and the selected bidder shall be given 90 days to rectify the same. Failure to rectify the same shall result in termination of the contract. That a part of the Performance Guarantee/Security Deposit may be deducted to the extent of non performance, if any which shall be duly decided by the Coordination Committee.

That Security Deposit shall not be invoked in case of force majeure situations The contract shall not be terminated for failure to discharge responsibilities due

to force majeure situations. That no consequential damages shall be payable by the either parties upon

termination of the contract.

9. BREACH OF AGREEMENT AND ITS RESTORATION:

SDMC shall have the right to terminate the license and forfeit the security amount if the licensee commits any breach of any of the terms and conditions of this agreement. In case, the licensee wishes to get the license restored / renewed, the competent authority, SDMC may at his sole discretion; restore / review the license for the remaining period, subject to the licensee paying a sum / amount equal to 5% of the total bid amount as restoration charges along with license fee for the intervening period.

10.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 registration of parking licensee shall be cancelled.

11.DISPUTES : In case of disputes, only Local Courts in Delhi shall have jurisdiction

12.INTERPRETATION: For interpretation of any clause in the Tender or project functionalities during project execution phase, the interpretation as adopted by the South Delhi Municipal Corporation shall be final and binding.

13.SURRENDER:

(a) In the case of surrender of the Parking contract, the Parking contractor shall have to give at least 90 days notice, but not before the lapse of 9 months of start of the contract, so as to enable SDMC to examine the notice and to take decision and to make alternative arrangement for running of parking site for safeguard of municipal revenue.

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(b)In the case of surrender of the parking, Performance Guarantee /Security deposit shall not be adjusted against the license fee of remaining months and shall be either forfeited or refunded after the determination of the license.

(c) Forfeiture of Performance Guarantee– in case of Termination/Cancellation of the contract except for force majeure conditions the performance guarantee shall be forfeited.

(d)The Parking contractor, who has surrendered a site, shall not be eligible to participate in the tender process of the same site again at least for two consecutive years. To this effect an undertaking shall be given by the parking contractor.

(e) If any contractor surrenders parking sites under SDMC on three different occasions within a period of 1 year, he shall be debarred from participating in future NITs of SDMC for a period of 3 years.

14.UNDERTAKING/AFFIDAVIT

The bidder has to submit an Affidavit declaring therein that the statements made by him 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 there from.

15.TCS u/s 206 C (IC) of IT Act 1961.

As per the provisions of section 206C under sub section (1c) of Income Tax Act 1961, every successful bidder shall be required to deposit TCS @ 2% along with surcharge and Education Cess on license fee as applicable from time to time under the Income Tax Act.

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ANNEXURE-1Format for Bank Guarantee

[(Reference Para 3 (a) & (b))]

In consideration of the Commissioner, South Delhi Municipal Corporation having offered to accept the terms and conditions of the proposed agreement between………………………………and………………………………….. (Hereinafter called “the said contractor(s)” for the work………………………………………. (Hereinafter called” the said agreement”) having agreed to production of an irrevocable Bank Guarantee for RS…………. (Rupees………….only) as a security/guarantee from the contractor(s) for compliance of his obligations in accordance with the terms and conditions in the said agreement.

1. We……………………………………………(hereinafter referred to as the “Bank”) hereby undertake to (indicate the name of the Bank)Pay to the corporation an amount not exceeding Rs…………… (Rupees ………………………..only) on demand by the corporation.

2. We……………………………………………..do hereby undertake to pay the amounts due and payable (indicate the name of the Bank) under this Guarantee without any demur, merely on a demand from the Corporation stating that the amount claimed is required to meet the recoveries due or likely to be due from the said contractors(s). Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs………… (Rupees……………..only).

3. We, the said Bank, further undertake to pay to the Corporation any money so demanded notwithstanding any dispute or disputes raised by the contractor(s) in any suit or proceeding pending before any Court or Tribunal relating thereto, our liability under this present being absolute and unequivocal.

The payment so made by us under this bond shall be a valid discharge of our liability for payment there under and the contractor(s) shall have no claim against us for making such payment.

4. We…………………………..further agree that the Guarantee herein contained shall(indicate the name of the Bank) remain in full force and effect during the period that would be taken for the performance of the said agreement , and it shall continue to be enforceable till all the dues of the corporation under or by virtue of the said agreement have been fully paid, and its claims satisfied or discharged, or till the Competent authority on behalf of the Corporation, certifies that the terms and condition of the said agreement have been fully and properly carried out by the said contractor(s) and accordingly discharges this guarantee.

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5. We………………………………………further agree with the corporation that the corporation (indicate the name of the Bank) shall have the fullest liberty without our consent and without effecting in any manner our obligations hereunder to vary any of the terms and conditions of the said agreement or to extend time of performance by the said contractor (s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the corporation against the said contractor(s), and to forbear or enforce any of the terms and condition relating to the said agreement and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said contractor(s) or for any forbearance, act of omission on the part of the corporation or any indulgence by the corporation to the said contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.

6. This Guarantee will not be discharged due to the change in the constitution of the Bank of contractor(s).

7. We…………………………..lastly undertake not to revoke this Guarantee except with (indicate the name of the Bank) the previous consent of the Corporation in writing.

8. This Guarantee shall be valid up to ……………………….unless extended on demand by the corporation Notwithstanding anything mentioned above, our liability against this Guarantee is restricted to Rs…………………….. (Rupees………………………….only), and unless a claim in writing is lodged with us within six months of the date of expiry or extended date of expiry of this Guarantee all our liabilities under this Guarantee shall stand discharged.Dated the …………………………day of ………………………..for…………………………

(Indicate the name of the Bank)

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ANNEXURE 2

FORMAT FOR BID APPLICATIONON COMPANY LETTERHEAD

Date:

To,The Commissioner,South Delhi Municipal Corporation Dr. Shyama Prasad Mukherjee Civic CentreNew Delhi-110002

SUB: TENDER FOR ALLOTMENT OF AUTHORISED PARKING SITES UNDER THE JURISDICTION OF SDMC

Sir,

1. We, the undersigned, have carefully examined the referred tender and offer to participate in the same, in full conformity with the said tender along with all the terms and conditions.

2. We agree to abide by this Proposal as per tender terms and conditions, and our offer is valid for a period of 90 days from the date fixed for submission of Proposals as stipulated in the tender and it shall remain binding upon us and may be accepted by SDMC at any time before the expiration of that period.

3. We understand SDMC is not bound to accept any proposal it receives and not to give reason for rejection of any proposal and that you will not defray any expenses incurred by us in bidding.

4. We have enclosed towards EMD a Bank Guarantee Number ……….. Dated ………. drawn on ………… for Rs……………… that has been enclosed with this letter.

5. We have enclosed towards Tender fee a demand draft/pay order Number ……….. Dated ………. drawn on ………… for Rs1000/- that has been enclosed with this letter.

Signature

Designation

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NB: SDMC reserves the right to make any change in the document anytime for which the decision of the Commissioner SDMC 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.

UNDERTAKING: I/we have gone through the tender documents and accept all the terms and condition of the tender and shall be bound by the conditions given in the document as well as scope of work.

Seen and accepted.

Signature of the Authorized Signatory (With Office Rubber Stamp)

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Basic Information about Bidder & Parking Site for which the Bid has been Submitted

1. NAME OF THE ORGANISATION / INDIVIDUAL

2. REGISTRATION NO.

3. CORRESPONDENCE ADDRESS

4. CONTACT MOBILE NUMBER AND EMAIL ID

5. NAME OF PERSON(S) TO BE CONTACTED FOR CLARIFICATION

6. NAME OF THE PARKING SITE FOR WHICH THE BID HAS BEEN SUBMITTED

7. PARKING SITE NUMBER (PL REFER ANNEXURE “7”)

Certified that the information given above is correct to the best of my knowledge

SIGNATURE OF AUTHORIZED SIGNATORY WITH SEAL:

DATE:

NOTE: PL SUBMIT SEPARATE TENDERS FOR EACH SITE YOU WISH TO BID FOR.

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ANNEXURE-3FORMAT FOR AFFIDAVIT

(To be executed on a non-judicial stamp paper of Rs.100/- and duly attested by Notary Public)

I, _______________________ s/o ______________________ resident of _________________________ do hereby solemnly affirm and declare as under:-

1. That neither I nor any proprietor/partner/director of M/s __________________________ has been directly or indirectly associated in any manner with any other such Company/Agency/Firm which has any dues payable to South Delhi Municipal Corporation/erstwhile MCD.

2. That the applicant firm/company has never been penalized/ blacklisted by the South Delhi Municipal Corporation/ erstwhile MCD in the past.

3. That the applicant firm/company shall abide by the terms and conditions of NIT/Guidelines for registration of parking contractor in SDMC, framed/approved by the South Delhi Municipal Corporation in this regard of parking, from time to time.

4. That the applicant firm/company shall pay all the taxes/fees and other dues to the South Delhi Municipal Corporation in this respect regularly.

5. That I/we certify that no dues are pending or no court case is pending against me/us or any of my/our associated companies / firms / dependant family members related to any parking site in South Delhi Municipal Corporation/ erstwhile MCD and in case of any adverse findings at any stage the allotment of parking lot shall stand automatically cancelled without any notice.

6. That the said bid is not a Benami bid on behalf of any blacklisted / barred person / firm/ company / associated firms or companies or family members of such persons. If at any stage this comes to the notice of SDMC the tender shall be cancelled and all security deposit shall stand forfeited.

7. That I/we shall abide by all rules, regulations, and instructions, issued by SDMC from time to time.

8. That the email id………………………………….. is our valid email ID for all communications to SDMC and all correspondence sent by SDMC to this email ID shall be considered to have been received by us.

9. That once we are selected through the bid process, we shall provide a Current Bank A/c from which all payments shall be made to SDMC be it license fees or

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any security deposit. That in case of any default in payments we are liable for action under NI Act.

10. That my/our PAN Number is …………………………………

11. That I/we shall furnish a performance guarantee in form of bank guarantee of the amount that SDMC directs us to submit.

12. That the ID Proof / Photo of the person signing the document is attached with this affidavit and duly attested.

13. That I/we have inspected the said sites under offer and are ready to take the site on as is where is basis and have acquainted us with all the local conditions and parking site conditions at the said site.

14. That I/we shall not hold SDMC responsible for decline in the potential of revenue from the said site due to any reason whatsoever and shall not claim any reduction/remission in payable monthly license fees payable to SDMC under any condition except where the area for authorized parking is reduced / parking is suspended for a particular period by SDMC due to any reason / due to force majeure conditions.

15. That I/we understand that SDMC reserves the right to put display advertisements either directly by itself or through any authorized agency /advertiser at the parking sites and we shall abide by any direction of SDMC in this regard.

16. That payment of monthly license fees for the said parking site does not create any lien on the said site for us. That we have been assigned the place for parking purpose only and it does not create any tenancy rights for us. That I/we understand that the land at the said site shall always be the property of SDMC and I/we shall not claim any right / title / interest or any nature of easement in relation to or respect thereof.

17. That we give the free and unhindered right to SDMC to forfeit the bank guarantee in case any declaration given by us in the tender is found to be incorrect or misleading.

18. That I/we understand that in case our contract is cancelled by SDMC at any stage before the scheduled period, SDMC has the right to grant rights to operate the parking lot to the next qualified bidder for the remaining period of the contract without the need for re-tendering. That the decision of SDMC in this regard shall be final and binding on all participating bidders.

19. That I/we shall report any encroachments in the said parking site to the Nodal Officer at RP Cell immediately on it coming to our notice.

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20. That I/We accept that in case there are two or more qualified bidders with the same financial bid, a lucky draw system shall decide which party shall be awarded the contract.

21. That I/we shall put all illuminations / signage/display boards as directed by SDMC at the time of issue of work order. That the same shall be complied within 30 days of commencement of the work at the said site. That a penalty as prescribed by SDMC shall be levied on me/us for non compliance.

22. That I/we shall inform all customers to take away their valuables / purse / sun glasses / mobile phones/other valuables etc verbally and also through a signage at the entry point of the said parking site.

23. That we shall charge parking rates as approved by SDMC from time to time and shall not overcharge at any point of time.

24. That I/we shall issue parking slips only through Hand Held Devices and shall provide all data of parking to SDMC on monthly basis and allow audit of all data as directed by SDMC.

25. That I/we shall inform SDMC/ Delhi Police in case any unclaimed vehicle is found in the parking site.

26. That I/we understand that vehicles of Municipal Corporations Delhi Government / Government of India / Vehicles of Councilors or Accredited Journalist Having Valid Permits Issued by SDMC shall be allowed free parking. That Government Vehicles of other states can be charged as other private vehicles.

27. That I/we shall maintain a compliant register at the entrance or any other prominent location in the said parking site and that shall be mentioned in the display board as well.

28. That I/we shall maintain general cleanliness of the parking site, functional public address system to deal with emergencies / functional LED Lights backed with power back up through UPS at the entrance and exit points.

29. That I/we shall acquire an insurance policy for the said site and renew the same on annual basis for the period of the contract. That the said insurance policy should specifically cover any liability arising out of theft or fire of parked vehicles / damage to vehicles while parking by attendants of the contractor / any legal matter arising out of services of the parking operator. That I/we shall completely indemnify SDMC on any liability arising on this count.

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30. That I/we shall not be involved in any repair / service / washing of vehicle at the said site.

31. That I/we shall not allow any unauthorized vending at the said site except those already in operation by permission of SDMC prior to the commencement of parking operations by us at the said site.

32. That I/we shall not construct any permanent / temporary structure at the said site except Porta Cabin of the size prescribed by SDMC as per the terms & conditions at the entry and exit points for housing and safe keeping of equipments and management staff related thereof. That the cost of Porta Cabin shall be borne by us.

33. That I/we shall ensure civilized behavior by all staff with citizens coming to parking sites.

34. That I/we shall ensure character verification of all employees by Delhi Police at our own cost.

35. That I/we shall comply with directions of Delhi Police in respect of safety and security of public at large.

36. That we shall ensure parking of vehicles in such a manner that there is no obstruction to movement of vehicles while exiting the said parking site.

37. That I/we understand that in case any damage is done to SDMC wall / boundary due to parking, I/we shall get the same repaired at our own cost.

38. That I/we shall handover the possession of the said site for a limited period as desired by SDMC for any public purpose at any time.

39. That I/we understand that SDMC has the right to alter/reduce the area of parking site during the validity of the contract.

40. That I/we undertake that in case of surrender of parking site/termination of contract of the site, I/we shall be debarred to participate in the future tender process for atleast two consequent years.

41. That I/we shall extend full cooperation for any civil work by SDMC or any Government agency related to water / sewer /telecom / repair etc. at the said site.

42. That I/we shall hand over the possession of the said site peacefully to SDMC at the time of completion of the said contract or at the time of termination of the contract by SDMC.

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43. That I/we shall intimate SDMC in case the address of the establishment changes within 7 days of such change taking place.

44. That I/we are registered with the R P Cell of SDMC as registered parking contractor prior to execution of the agreement with SDMC.

45. That I/we understand that officials of R P Cell of SDMC have the right to inspect the said premises at any time and I / we shall extend full cooperation in this regard.

46. That I/we shall allow access to the officials of R P Cell of SDMC to inspect the allotment letter / agreement of the said site other parking equipment/document/receipts either in hard copy or through soft copy on internet.

47. That I/we shall manage the said site through our staff and shall not outsource the work to any third party.

48. That I/we shall abide by the parking policy as approved by SDMC from time to time.

49. That in case of cancellation/expiry of contract or surrender of site before expiry of contract I/we have to continue operations till the alternative arrangement are done.

50. That I/we shall undertake all statutory tax compliances as may be in vogue from time to time.

51. That all employees shall wear a Dress Code and display ID Badge during work hours

52. That I also undertake that all the facts and documents submitted by me are genuine and also signed by the genuine person(s). In case any of the documents and/or information furnished is found false or is objected to by any of the persons concerned, the South Delhi Municipal Corporation will be at liberty to cancel the registration.

DeponentVERIFICATION :Verified at Delhi on this ____________ day of ______________, 2013 that the contents of the above affidavit are true to the best of my knowledge and belief. No part of it is false and nothing has been concealed.

Deponent

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ANNEXURE – 4

FORMAT FOR FINANCIAL BIDON COMPANY LETTERHEADTo,The Commissioner,South Delhi Municipal Corporation, New Delhi SUBJECT: FINANCIAL BID - TENDER FOR ALLOTMENT OF AUTHORISED PARKING SITES UNDER THE JURISDICTION OF SDMC Dear Sir,

With reference to the invitation to Bid No. ……………………. Dated …………………… for the above-mentioned tender, we hereby offer our rates as per the scope of work mentioned in the bid documents. We understand that the Competent Authority is not bound to accept the highest offer and reserves the right to reject any or all offers without assigning any reason. The financial rates are detailed as under (the bidders are free to provide this information in a supplementary sheet) S. NO. LOCATION/NAME

OF PARKING SITE MONTHLY LICENSE

FEE QUOTED (in words)

MONTHLY LICENSE FEE QUOTED (In

Figures)

1.

The entire project has to be implemented on turnkey basis and the administrative, operational (transport which may increase on account of increasing fuel bills/ boarding / lodging / IT infrastructure/Cost of handheld devises and their operational & maintenance cost / accounting and tally software account management costs, training of master trainer of SDMC for record management, all scope of work in the bid documents etc) costs would be provided by us and hence have been factored in the Financial Bid. We have satisfied ourselves and carefully perused the terms and conditions of the bid documents/ specifications and we hereby confirm to provide turnkey services on SDMC’s behalf. We also understand that SDMC shall not accept those Bids, which are not in conformity to the prescribed terms and conditions. Thanking you,Signature of Authorized Signatory with Seal:

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Date:

ANNEXURE-5

Duties & responsibilities of Licensee , Other Terms & Conditions and Important Instructions:

1) General Conditions for management of parking site:

a) 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.

b) The space allotted, as per map, will be allowed on roadside parking sites from the road berm and the area will be marked with permanent epoxy yellow thermoplastic coats by the licensee within a week and he shall submit a certificate to this effect with photographs of the parking site to RP Cell (SDMC). In case the licensee fails to do the same a penalty as prescribed shall be imposed on the licensee on every such violation noticed.

c) The licensee shall make arrangements for illuminations and signage’s on the site as per approved design to be obtained from SDMC 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) The 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) All road surface parking will be of single lane only, unless otherwise specified.

f) The buses / tempo / HMV / LMV shall not be allowed to be parked at the parking sites, where it has not been specified.

g) The Parking contractor 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.

h) The Parking contractor shall charge the parking fee only in conformity with the prescribed rates.

i) The Parking contractor shall maintain the record of vehicles parked and parking fee charged for parking the vehicles and inform RP Cell (SDMC) and concerned police authorities every four months about the details of unclaimed vehicles.

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j) Official/Sticker labeled vehicles of South/North/East Delhi Municipal Corporations, GNCTD and Govt. Of India, Hon’ble MPs, Hon’ble MLAs of Govt. of NCT of Delhi & Municipal Councilors 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.

2) Advertisement boards kiosks within the parking sites: (a) SDMC reserves the right of putting up advertisement boards/flag signs and

kiosks on the boundary or within the parking site either for itself or through authorized advertiser / any other agency.

(b) SDMC shall also reserves the right to auction / allot such number of advertisement boards/flag signs/kiosks / other stall etc. as may be considered appropriate in specific well demarcated areas within or along the boundary of the parking site separately.

(c) The contractor shall not be permitted to allow slogan / pictures with in the premises of the parking site.

3) Sign Board:- A. 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 with one board in Hindi and other in English language or a single bilingual board in Hindi & English:-

(Iron angle with GI sheet, blue background with white letter and SDMC logo, along with the map of parking site).

AUTHORIZED SDMC CAR PARKING AT ________________________________________NAME OF THE ZONE:- ________________

I. Name of licensee with Registration No. ..........................................................................II. Address & Tel. No. .....................................................................................................................

III. License No. & Date.....................................................................................................................IV. Period of License from................................ To..............................V. Area Police Station with Tel. No...........................................................................................

VI. Parking Capacity & rates

Cars :Two Wheelers:Buses:Others:

VII. Area of the parking in sq.metres…………………………………………………………………VIII. E-mail ID of the parking licensee………………………………………………………………

NB:- In case of any difficulty/problem/complaint please contact the area police

station and / or DC/AC (RP Cell) SDMC at 25th Floor, Civic Centre, Minto Road, New Delhi-110002. Phone No. (011-23227505) or send e-mail to SDMC at adc-rpcell@mcd.org.in

Complaint Register /Box available with............................................................................. Vehicle parked beyond yellow line will be towed away by the Traffic Police or

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by the SDMC treating it as encroachment on public land.

B. Beside the display board, the parking contractor will be required to display a board at the conspicuous space at the parking lot carrying the following message and logo of the SDMC, as per the design and colour as may be provided by the SDMC:-

“THIS PARKING LOT BELONGING TO SDMC IS MAINTAINED BY _____________________. IN CASE OF ANY DEFICIENCY OR COMPLAINT, PLEASE CONTACT AT TELEPHONE NO. 011-23227505 OR SEND E MAIL TO SDMC AT adcrpcell@mcd.org.in OR 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.

4) Duties & responsibilities of Licensee at the multi-level parking sites:- The licensee shall make the following arrangements, at his own cost, round the clock at the multi-level parking sites.

(b) Complete illumination of entry & exit points of site with glow signs;(c) Functional toilets;(d) Drinking water facility (e) General up keep and cleanliness within the parking site;(f) Functional fire fighting systems;(g) Functional public address system;(h) Functional power back up through generators;(i) Functional system for removal of water from the water logged

portions(s), if any, due to rain, seepage etc.;(j) Adequate lighting / illumination;(k) Insurance of the site;The licensee shall not be entitled to any remission, whatsoever, on this score.

5) Duties and the responsibilities of the licensee with respect to Law & order and safety & security of general public & vehicles.

The Licensee for every parking site, new or existing shall be required to install CCTV

cameras keeping in view the safety and security of general public. The installation of

CCTV Camera/Web Cam shall be carried out in such a manner that no space of the

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parking site should be left uncovered and maximum movement of public & vehicles

is captured at any given time. The Storage data capacity of the said CCTV

camera/web cam shall be for at least 30 days and it shall be the duty of the parking

contractor to keep the cameras operational and functional at all times. Whoever

contravenes any of the provision of these directions shall be liable for penal action

besides the other actions made available under the terms & conditions.

6) 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.

B. 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. 25000/- 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 stall ensure the possession and confirm his acceptance/ acknowledgement in writing to this effect.

C. 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 shall be charged from the licensee. SDMC will be at liberty to remove encroachment inside / around the parking site without notice.

D. 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.

E. The site shall not be used for any purpose whatsoever, other than ‘parking of vehicles’, as per the terms & conditions of the agreement.

7) 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) either himself or through his employees. The bidder shall deploy and provide such qualified and experienced personnel as may be required to perform the services under the contract.

(b) Such employees of the licensee will be in uniform while on duty and will also display / wear identification badges.

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(c) He shall not sublet or allow any other persons(s) to run the car/scooter parking on behalf of the licensee.

(d) In order to ensure civilized behavior of his employees towards the general public the licensee shall not employ any minor/bad character/ persons with past or present criminal record 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.

(e) The licensee shall comply with the directions of local police authorities given from time to time.

(f) , including all related expenses like stationary, transport, telecom, boarding, lodging, audit etc

(g) A Dedicated Project Manager/Contact person shall be permanently designated for interaction with the Nodal Officer. He/ she is to also be assisted by a Deputy Project Manager who can coordinate in absence of the project manager.

8) Complaint register to be maintained by the licensee:-

The licensee shall maintain a complaint register, as per specification provided by SDMC, at parking site and shall make it available to the vehicles owners to note down the complaints. SDMC reserves the right to check/inspect the complaint register as and when required and the complaint register shall be kept properly and place of its availability shall be mentioned on the signboard.

9) Parking slips to be mandatory issued by the Hand Held Device: a) 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. Certificate to this effect using hand held device to be submitted to the RP Cell within a week after taking over the parking site. SDMC may require the data of the said hand held device to be transmitted to it using GPRS enabled SIM. This is mandatory and expenses in this regard are to be incurred by each Parking contractor. If it is found at any stage that the Parking contractor is issuing manual parking slips a penalty shall be charged from him and on successive violations his license shall be liable for termination.

b) Parking slips issued through handheld device shall have the details showing the Sl. No. , location of parking site & other details as decided by SDMC.

c) The summary record of the counterfoils of printed slips or computerized slips for hand held device shall be maintained by the Parking contractor and SDMC shall have the right to demand/check this record at any time and the Parking contractor shall be bound to furnish the same within the given time.

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10) Licensee to be responsible for damage/loss to vehicles/ accessories during parkinga) The Parking contractor 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. SDMC will not be responsible or liable on any account for the same and SDMC will not be made a party to any cycles/scooter/motorcycle/car etc. against loss, theft, damages riots, fire and /or other natural accidents. Parking contractor shall pay the premium thereon regularly in respect of insurance company and submit receipt to the DC/ADC (RP Cell) along with the photocopy of such insurance policy premium receipt for verification. Parking contractor will make good the losses due to theft, fire damages etc. to the owner of the vehicles. Parking contractor 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 Parking contractor 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 parking contractor in maintaining the site properly. In case of multi storied/enclosed parking site, the Parking contractor shall ensure that all the exit gates are open and escape routes are operational round the clock.

c) The Parking contractor shall not cause any damage to the SDMC property either by himself or through his employees or general public. The Parking contractor 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 Dy. Commissioner RP Cell will be final and binding upon the Parking contractor with regard to liability and quantum of damages to be paid by him.

d) The Parking contractor 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 SDMC in respect of the losses or damages or expenses of litigation at the SDMC may have to incur in connection with the parking sites.

e) The Parking Contractor shall be responsible for procurement and maintenance of the hand-held terminals in working order and bear all expenses related thereto.

11) Porta cabin for use by Licensee, Demarcation of site and safety of vehicles:-

a) A Porta cabin of dimension as prescribed by SDMC may be allowed to be placed by the Licensee at his cost during the period of agreement only. He can

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remove the same after the expiry of the agreement period and shall have no claim whatsoever after that.

b) The licensee shall ensure safety of the vehicles. c) The licensee shall not allow parking of vehicles without parking slip. d) 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.

e) Proper arrangement of lighting at the parking site will be the responsibility of the licensee.

12) Licensee to hand over possession, if so required by the SDMC:

(a) In case the site is required by the Commissioner for a Municipal / public purpose, the Parking contractor 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 Parking contractor 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. Further, at the time of peaceful vacant possession all plants, tools, fixtures installed/exhibited by the contractor shall become the property of SDMC.

(b) SDMC 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 Parking contractor fee well stand revised in the same proportion for the remaining period of the license.

(c) The Parking contractor shall not interfere with the work of construction by the SDMC 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 SDMC.

(d) On the expiry of the period of license/ termination of the license the Parking contractor shall peacefully hand over possession of the parking site to SDMC.

13) Determination of licensee: a) At the determination of agreement for whatever causes the Parking contractor

shall restore the land in the condition in which it stood immediately before the Parking contractor took it over and shall peacefully hand over the possession of the said site to SDMC.

b) In the event of determination of license, SDMC, reserves the right to ask the Parking contractor to run and maintain the parking site on the terms & conditions of the agreement or as modified temporarily for a specific period as specified by SDMC and in such an event the Parking contractor shall be bound to run the said parking site till the period SDMC requires and to handover possession of the parking site to SDMC as and when asked.

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14) Licensee to intimate change of address:

The Parking contractor shall keep SDMC/RP Cell informed of the change in his address, change in constitution etc. Otherwise a communication sent at the address given to the RP Cell shall be deemed to have been received by the Parking contractor. The intimation of change of address shall also be given separately to the RP Cell for necessary amendments in the registration certificate.

15) Entry in parking lot by the Licensor:

a) Authorized staff of SDMC will be entitled to enter the parking site at any time for checking/inspection purposes and the licensee shall extend full co-operation during the checking/inspection.

b) The licensee will ensure that all the relevant documents relating to allotment of the license, payment of dues to SDMC for the license, etc. are available at the parking site which must be produced at site, on demand by any authorized staff of SDMC.

16) 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 Parking contractor.

(b) No subletting or its assign of the parking site is permissible. The parking contractor 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. In case of violation / breach of the parking agreement the license shall be liable to be cancelled. If at any point of time it is found that there is a reason to believe that the parking site has been sub-let the license shall be liable for cancellation.

(c) The land under site shall always remain the property of SDMC and the Parking contractor shall not claim any right / title / or interest to any right or any nature of easement in relation to or respect thereto.

17) 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 SDMC immediately as and when asked for any work to be undertaken by SDMC directly or indirectly through some agency.The successful bidder shall provide as under:

Shall abide by all conditions as specified in the tender documents Shall carry out its obligations with due diligence and efficiency in

accordance with generally accepted professional standards and practices. Shall Undertake all statutory tax compliances

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ANNEXURE (6)

PARKING RATES

SL. NO.

TYPE OF VEHICLE RATES DURATION

1 Car, SUV, Jeep Rs. 10/- Up to 10 hoursRs. 20/- beyond 10 hours up to 24

hoursRs. 500/- Per monthRs. 700/- For Underground Parkings

2 Scooter/ Motor Cycle/ 2 wheelers

Rs. 7/- Up to 10 hours

Rs. 15/- beyond 10 hours up to 24 hours

Rs.250/- Per month3 Tempo (allowed only in

parking under flyovers or parking set up for the tempos)

Rs. 25/- Up to 12 hours

Rs. 50/- up to 24 hoursRs. 1250/- per month

4 Bus / other equivalents Rs. 30/- Up to 12 hoursRs. 1500/- per month

5 Car (Tourist parking) Rs. 25/- Up to 12 hours6 Scooter (Tourist Parking) Rs. 15/- Up to 12 hours 7 Bus (Tourist Parking) Rs. 50/- Up to 12 hours

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ANNEXURE 7Details of Parking Sites put to Tender

S. NO. Code PARKING NAME MRP Maps reference at website

Category of site

CENTRAL ZONE 1. CNZ-1 3Cs Lajpat Nagar 490000 C

2. CNZ-2 LSC G.K.-I 300000 C

3. CNZ-3 ‘M’ Block G.K.-I Mkt.

300000 C

4. CNZ-4 Sapna Cinema, EOK 150000 C5. CNZ-5 Zamroodpur 130000 C6. CNZ-6 New Friends

Colony 950000 B

7. CNZ-7 South Extn.-I 250000 C8. CNZ-8 Lodhi Rd I & II 350000 C9. CNZ-9 Sarai Kale Khan 200000 C10. CNZ-10 Lajpat Nagar

central Mkt.300000 C

11. CNZ-11 Max House Okhla Station

100000 C

12. CNZ-12 Okhla Ph-I 200000 C13. CNZ-13 Okhla Ph-II 250000 C14. CNZ-14 Nathu Sweets 100000 C15. CNZ-15 Kailash Colony

Mkt.180000 C

16. CNZ-16 ‘N’ Block G.K.-I 230000 C17. CNZ-17 South Ex-II 250000 C18. CNZ-18 Balaji Estate 100000 C19. CNZ-19 DTTDC Defence

Colony180000 C

20. CNZ-20 H Block sarita vihar

120000 C

21. CNZ-21 Haldiram Lajpat Nagar

50000 C ( FOR EX-DEFENCE PERSONNEL)

22. CNZ-22 Appu Ghar 50000 C23. CNZ-23 Shaheed Park ITO 100000 C24. CNZ-24 Mahavir Vatika,

Darya Ganj130000 C

25. CNZ-25 Ghata Masjid, Darya Ganj

50000 C ( FOR EX-DEFENCE PERSONNEL)

26. CNZ-26 Sales Tax Office ITO

160000 C

27. CNZ-27 B-7, Darya Ganj 90000 C

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28. CNZ-28 Alaknanda 160000 C

WEST ZONE 52 WZ-1 Sonia PVR Vikas

Puri 180000

53. WZ-2 B K Dutta Mkt 250000 C 54. WZ-3 Main Mkt Rajouri

garden 110000 C

55. WZ-4 Central Mkt Punjabi bagh

260000 C

56. WZ-5 Kukreja Hospital 75000 C

57. WZ-6 Tilak Nagar Under Flyover

160000 C

58. WZ7 Community Center Mayapuri Ph-I

120000 C

59. WZ-8 B-1 Janakpuri 100000 C

60. WZ-9 Tihar Jail 30000 C

61 WZ-10 J Block Rajori Gdn 225000 C

NOTE: The prospective bidder can only bid against the parking site/ category for which the contractor / bidder is registered or below that category, with SDMC under the parking contractor guidelines.

For example if a contractor is registered under category A, he can bid against all the three categories i.e. A, B & C. Similarly, a contractor

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29 . CNZ-29 Okhla Ph-III 450000 CSouth Zone

30. SZ-1 PVR Anupam 450000 C31. SZ-2 C.C. Vasant Vihar

Priya950000 B

32. SZ-3 M Block G.k-II 400000 C33. SZ-4 Max House Khirki

Saket75000 C

34. SZ-5 B-7 vasant kunj 75000 C35. SZ-6 Green Park Mkt 180000 C36. SZ-7 Uphar Cinema 120000 C37. SZ-8 Fortis Hospital 30000 C38. SZ-9 B-6 safder Jung

Enclave60000 C

39. SZ-10 SDA Mkt Rose Garden

200000 C

40. SZ-11 Max Modi centre, Panchsheel

30000 C ( FOR EX-DEFENCE PERSONNEL)

41. SZ-12 Kamal Cinema 80000 C42. SZ-13 B-10 Vasant kunj 80000 C43. SZ-14 Pushpa Bhawan,

Madangir200000 C

44. SZ-15 Gulmohar Park CC 200000 C45. SZ-16 Aurbindo Place 150000 C

46. SZ-17 Hauz Khas U/G 200000 C

47. SZ-18 Munirka U/G 150000 C

48. SZ-19 Under flyover Munirka

200000 C

49. SZ-20 D1 Vasant Kunj 30000 C

50 SZ-21 Chiragh Delhi 30000 C

51 SZ-22 C Block, Vasant kunj

30000 C

registered under category B, can only bid against a parking site of category B & C. The same way a contractor registered under category C, can only bid against the site listed under category C.

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