Delhi Metro Rail Corporation Ltd. (DMRC) has invited open e-tenders from eligible applicants, who fulfil qualification criteria for Property development at Escorts Mujesar metro station (Line-6 Extension.)
- Tender Reference Number: CPD-80R1
- Name of Work: Property development at Escorts Mujesar metro station (Line-6 Extension.)
- EMD: INR 4,50,000 Lakh
- Period Of Work: 5475 Days
- Document Download / Sale Start Date: 28th November, 2022
- Document Download / Sale End Date: 29th December, 2022
- Pre Bid Meeting Date: 13th December, 2022
- Bid Submission Start Date: 22nd December, 2022
- Bid Submission End Date: 29th December, 2022
- Tender Opening Date: 30th December, 2022
- Delhi Metro Rail Corporation (DMRC), a joint venture of the Government of India (GOI) and the Government of the National Capital Territory of Delhi (GNCTD) implementing the Delhi Metro Rail Projects, has been mandated by Ministry of Housing and Urban Affairs (MoHUA) (formerly known as Ministry of Urban Development (MoUD)) to undertake value capture from property development initiatives for sustainable revenue generation for the DMRC vide its Policy Circular No K-14011/8/2000-MRTS (Pt.) dt 30.3.2009.
- Through this RFP Document, DMRC intends to select a “lessee” to take up on „Lease basis‟, the spaces available for property development at Escorts Mujesar Metro Station of Delhi Mass Rapid Transit System (MRTS) (hereinafter referred to as “Project Site”).
- This Leasing has been envisaged to generate up-front and recurring revenues to DMRC to supplement its non farebox collections in the operation phase. An information document covering the purpose of the lease, details of space available at metro station etc. may be downloaded from the website http://eprocure.gov.in/eprocure/app.
- The Project Site is situated at the Line-6 Ext (Badarpur – Faridabad corridor) of Phase-III of Delhi MRTS Project. Escorts Mujesar is an elevated metro station. The station lies in proximity to Delhi – Agra highway (NH -2), and is accessible by road to all areas in Badarpur and Faridabad.
- DMRC has planned property development at Escorts Mujesar MRTS station along with operating facilities for commuters. The station will have retail and commercial space on the ground and concourse floor which is proposed to be leased out for specified purposes as detailed in this document.
- Being located in the commercial sector of Faridabad, the Project Site has an excellent opportunity to become an important commercial hub within this locality. With separate access being available for the commercial areas, prominent and spacious frontage, and a captive commuter base, these floor areas will present unique opportunities for retailers.
- A proposed built up area for Property Development is planned at the footprint of the station building. Hence building plans approvals from local bodies are not required.
Scope of Work
- The Lessee shall, at its sole expense and risk, carry out the financing, construction, procurement, management, operations and maintenance of the Leased Area in accordance with the provisions of this Agreement.
- Property Development to be undertaken in the leased premises shall be governed by laws, bye-laws, rules and regulations of the local bodies and other Authorities and guidelines issued by DMRC. The Lessee shall be responsible for complying with all such laws, rules and stipulations and obtaining all the required approvals and clearances for the same from the concerned Authority.
- The leased space(s) can be used for any activity/purpose except for the activities banned by Law or Government Regulations and the activities listed in Clause 4.3.3 as banned activities. DMRC reserves the right to ensure that there is no violation of the above.
Following activities shall be Banned in the premises:
- Any product/service the sale of which is unlawful/illegal or deemed unlawful under any Indian act or legislation;
- Any product the storage and sale of which may lead to or be considered as a fire hazard; such as fire crackers, industrial explosive, chemicals, etc.
- Storage and sale of tobacco and tobacco products;
- Coal based cooking.
- Gas based cooking may be permitted as per DMRC‟s extent policy/Guidelines. (Policy Attached)
- The Lessee shall carry out the designing and development of the Leased Area in strict compliance with all applicable laws, in particular, applicable building codes and standards and good industry practice, which shall not in any manner endanger the commuters or the Project Site.
- Further, it is agreed and understood by the Lessee that proprietary interest on all development carried out by the Lessee on the Leased Space(s) shall vest with the Lesser and the Lessee relinquishes all its rights in such development in favour of the Lesser.
- Subject to terms of this Agreement and approval of the DMRC, the Lessee shall be free to design the layout plan and undertake the subdivision and partitioning works, interior design works along with utilities like power supply, water supply, toilets, drainage, HVAC, fire fighting, and telecommunications.
- Provided that, (a) the Lessee, the Sub-Lessee(s) and their representatives, agents and other persons undertaking works shall duly adhere to the provisions of all Applicable Laws including and in particular the prevalent building bye-laws of the place where the Leased Space(s) is located and specified guidelines /requirements of other competent authorities;
- The facilities and works being undertaken or installed shall not in any manner affect, hinder or interfere with the free movement of the passengers, DMRC‟s staff agents and representatives and visitors;
- The width of passage and common area for movement of persons in the Leased Area shall be kept as per prevalent building byelaws;
- No material shall be stored or kept outside the Leased Space(s) or in the common area meant for movement of persons;
- No surplus construction machinery and materials, including hazardous materials and wastes shall be left at any place in the Leased Space(s) or the station.
- Before applying to any other competent authority for sanction of the scheme/Leased Space(s) layout, the Lessee is required to primarily obtain DMRC‟s written approval on its proposed drawings and specifications with due consideration of accessibility for maintenance of existing utilities i.e. water supply, power supply, fire fighting, telecommunication, bearing etc. to ensure that the proposed developments do not conflict with the DMRC‟s activities and functional requirements, structural aspects, utilities and all traffic movement requirements.
- It is agreed that DMRC shall not unreasonably interfere with the internal layout of the complex proposed by the Lessee. DMRC shall convey its decision within a maximum period of 30(thirty) days after scrutinizing the submission.
- Delay by DMRC in communicating such a decision beyond the 30 days period, shall not be construed as an approval. In case DMRC is not satisfied and raises any objections, the Lessee shall be required to appropriately amend/modify his scheme / Leased Space(s) layout within a reasonable time frame and seek DMRC‟s approval on the same.
- The Lessee shall approach any other competent authority for sanction of the design etc. only after receiving the written approval of DMRC. The Lessee shall use only standard materials including but not restricted to electrical materials as per standards prevalent in DMRC. In this connection the Lessee is required to get approval of all material from the concerned department of DMRC before commencement of works during the Moratorium Period.
- Save as on account of Force Majeure or reasons solely attributable to DMRC with no contributory factor of the Lessee, the Lessee shall have to complete in all respects the Fit-out Activities within the Moratorium Period and DMRC may thereafter be entitled to restrict the development on the Leased Space(s).
- The liability of the Lessee to pay the consideration and other amounts to DMRC shall however commence from the Commencement Date as stated in Article 3 and the Lease Period shall be restricted to 15 years from the Commencement Date notwithstanding the time allowed for completion under this Clause.
- For delays on account of Force Majeure or reasons attributable solely to DMRC with no contributory factor of the Lessee, the due date for the first Lease Fee and Lease Period shall be extended accordingly by the „period of delay‟ in the sole discretion of DMRC, however, no financial claims shall be entertained by DMRC on this account.
- The lessee acknowledges and accepts that the parking facility shall be as per the availability of the project site and no special arrangement or exclusive parking area shall be provided by DMRC.
- The Lessee shall make its own fire-fighting arrangements for the Leased Area. Such firefighting arrangements shall conform to the IS Code of Practice / Delhi Fire Services norms.
- The Lessee shall ensure installation of automatic sprinkler systems, fire alarm & detection system as per the approval of DMRC and shall commence the required activities on the Leased Space(s) only upon inspection and approval by the concerned department of DMRC.
- In this connection the Lessee will provide unfettered access to DMRC‟s officers for the purpose of inspection from time to time and shall at its own risk and cost install and complete works as may be instructed by the officers of DMRC.
- The Lessee shall be solely responsible and liable for development of the Leased Area and implementation of the scheme/Leased Space(s) layout. DMRC shall not be responsible in any manner whatsoever to either the Lessee or its contractors or agents and Sub-Lessees for any default or failure by the Lessee to comply with statutory requirements, design and construction as per the Applicable Laws in particular building codes and good industry practice, observance of safety and security measures at Leased Space(s) etc.
- It is the Lessee‟s sole responsibility to obtain all necessary clearances and sanctions from competent authorities for approval to the various safety measures such as fire alarm, detection &fighting, required to be installed at the Leased Area. DMRC shall only provide assistance wherever possible (without any legal and binding obligation) to facilitate such a process.
- The Lessee shall ensure that no structural damage is caused to the existing buildings and other permanent structures in the surrounding area and on site as a result of its activities or any of its agents, contractors, tenants, etc.
- Any augmentation of the fire infrastructure such as fire water tank or fire pumps etc if required under National Building Code/ Building bye-laws/ IS Codes for the commercial operation of the area shall be done by the Lessee as per DMRC standards at its own cost. The location for such augmentation shall be provided by DMRC at no additional cost and no reimbursement shall be made by DMRC for the works undertaken
Operations & Maintenance of the said Leased Area:
- During the Lease Period, the Lessee shall be solely responsible and liable, at its own cost and expense, for all maintenance, upkeep and repairs of the Leased Space(s) and all its components, including buildings, utilities and services and allied works as per best industry practices and Applicable Laws and Applicable Permits. The Lessee shall also carry out rectification of defects in the design or construction of any component of the works at its own cost.
- DMRC shall not be liable to any Sub-Lessee or end-user or visitors for any laxity or default by the Lessee or the Sub-Lessee in proper upkeep and maintenance of the Leased Area or any of its components.
- The Lessee shall carry out all checks and maintenance or repair works with adequate advance notice in such a planned manner that there is minimal disruption of the operations of the Station.
- DMRC may inspect the Leased Area at any time for its own assessment of the compliance by the Lessee with its maintenance obligations under this Agreement. The Lessee shall extend all reasonable assistance to the DMRC representatives during such inspection visits.
- The Lessee shall at its cost, carry out its own periodic inspections, and also assist DMRC or its nominee (whenever requested) to carry out any random or periodic inspection of any part or component of the works. The cost of any test, if required, shall be borne solely by the Lessee.
- The Lessee shall provide unfettered access into the Leased Space(s) at all times to DMRC maintenance staff for carrying out maintenance works related to station utilities running through the Leased Space(s) or accessible only through the Leased Space(s).
- The Lessee shall comply with all requirements under the Metro Act and amendments thereto and also comply with all directives as may be issued by DMRC in this regard.
- The Bidder shall meet the following minimum Eligibility Criteria (the “Eligibility Criteria”):
- A Bidder must be a sole proprietorship firm or a partnership firm duly registered under the Indian Partnership Act, 1932, or a Limited Liability Partnership duly registered under Limited Liability Partnership Act, 2008 or a body corporate incorporated and registered in India under the Companies Act, 1956 /2013, duly registered under the law applicable to such company, either individually or in Joint Venture or a Consortium under an existing agreement and further subject to compliance with applicable laws, policies and guidelines of the Government of India.
- In case the Selected Bidder is a Consortium/ JV, such Consortium/ JV shall be required to incorporate a company under Companies Act, 2013 which shall be a special purpose company (“SPC”) within 30 days of issuance of the LOA and the SPC shall enter into Lease Agreement with DMRC for implementation of the Project.
- The members of Consortium/ JV shall be required to maintain 100% of the equity of the SPC throughout the subsistence of the Lease Agreement. In case a company is not incorporated within 30 days of issuance of LOA, then the LOA will stand cancelled and the amount deposited by the selected bidders (i.e. tender security Security Deposit, Upfront amount etc.) shall be forfeited.
Tender document can only be obtained after registration of tenderer on the website https://eprocure.gov.in/eprocure/app
Source: DMRC- Tender | Image Credit (representational): DMRC