HMRTC invites tender for commercial built-up space under stabling lines and in workshop at depot-2 of Rapid Metro, Gurugram

HMRTC invites E-Tenders from suitable Bidders who may be a sole proprietorship firm, a partnership firm or a company having registered office in India & incorporated under the companies act 1956/2013 or a combination of above in the form of Joint Venture (JV) or Consortium for NIT for licensing of commercial Built-up space under stabling lines and in workshop hall and office space with total measuring area of 168717 sq. ft. at depot 2 of Rapid Metro Gurugram of HMRTC for warehousing.

• Tender Reference Number: HMRTC/PB/2021/18
• Name of Work: NIT for licensing of commercial Built-up space under stabling lines and in workshop hall and office space with total measuring area of 168717 sq. ft. at depot 2 of Rapid Metro Gurugram of HMRTC for warehousing.
• EMD: INR 1,40,00,000 Crore
• Period Of Work: 3650 Days
• Document Download Start Date: 29th October, 2022
• Document Download End Date: 28th November, 2022
• Pre Bid Meeting Date: 03rd November, 2022
• Bid Submission Start Date: 01st November, 2022
• Bid Submission End Date: 28th November, 2022
• Bid Opening Date: 28th November, 2022

General:

• The Bidder shall be deemed to have inspected the Project Site and be aware of the existing buildings, constructions, structures, installations etc. existing in the Site and shall not claim for any change on the Project Site after submitting its Bid.
• The Bidder hereby admits, agrees and acknowledges that HMRTC has not made any representation to the Bidder or given any warranty of any nature whatsoever in respect of the Project Site including in respect of its usefulness, utility etc. or the fulfilment of criteria or conditions for obtaining Applicable Permits by the Bidder for implementing the Project.

Background:

• Haryana Mass Rapid Transport Corporation Limited (HMRTC)undertakes and/or facilitates transit oriented development activities on its own or on behalf of state Government or any organizations belonging to or under the direct or indirect control of state or local governments, with a view to encourage dispersed growth and transit oriented development.
• HMRTC commercially exploits, facilitates commercial exploitation of land and air space and other resources for optimal utilization of their potential. As part of its existing mandate HMRTC will also take over any existing urban mass transport projects owned by the state government departments, boards, and corporations/authorities/agencies with the assets and liabilities, so far they relate to these projects and operate these projects. HMRTC currently owns and is engaged in operation and maintenance of the Rapid Metro Gurgaon Line.
• As part of its existing mandate HMRTC has also undertaken to capture value from real estate in such a manner that on one hand it gives sustainable additional revenue to the corporation, and on the other hand facilitating HMRTC commuters by providing one stop solution for most of their needs.
• It also provides incentive for private sector participant developers. Through this Bid, HMRTC intends to select a ‘Licensee/s’ to take up on ‘License Basis’ as mentioned in Annexure-1,  Built-up Space under stabling lines and in Workshop Hall, office space with total measuring  area of 168717 Sq ft. at Depot 2 of Rapid Metro Gurugram of HMRTC for Warehousing”.
• Rapid Metro Line Gurgaon is a world-class metro rail owned by HMRTC. The network consists of about 11.6 km and 11 stations that include Sector 55-56, Sector 54 Chowk, Sector 53-54, Sector 42-43, Phase-1, Sikanderpur, Phase-2, Phase-3, Moulsari Avenue, Cyber City, Belvedere Towers.
• The offered space is situated in the premises of Depot-2 of Rapid Metro and is ideal for warehousing. The approximate area available for licensing in one separate schedule is as under:

Grant of Lease Rights:

• On and from the Commencement Date and subject to the terms and conditions set forth in this Agreement, HMRTC grants and authorizes the Lessee the right to develop, design, construct, complete, manage, operate and maintain the Project at its own cost, expense and risk for the Lease Period of 10 (Ten) years.
• The Lease entitles the Lessee the following benefits, privileges, authorizations and entitlements, to be exercised at its own cost, expense and risk in accordance with Applicable Laws:
• To develop, design, engineer, finance, procure, construct, operate and maintain the Project, including the building, the paved access-ways, landscaped green areas, utilities and services, telecommunication infrastructure, etc. in conformity with the Layout Plan (as approved by HMRTC in accordance with Article 6.1);
• To market the Property development project and enter into agreements for transfer of leasehold rights of the project for a lease period which is coterminous with the Lease Period at any point of time.
• The Lessee shall confine its operations to the Project Site. The Lessee shall take all necessary precautions to keep persons and equipment within such areas, and to keep and prohibit them from encroaching, damaging or degrading or adversely affecting the surrounding HMRTC area and property, or otherwise cause any interference to the passengers, visitors, employees, representatives and agents of the HMRTC.
• Any failure or default of the Lessee to comply with the provisions as above mentioned shall present HMRTC with a right to issue a notice to Lessee to rectify such failure or default within a stipulated time. If the failure or default is not rectified within the stipulated time, a fine upto Rs. 10.0 lakh (Rupees Ten Lakh only) may be imposed by HMRTC.
• With effect from Commencement Date, the HMRTC grants the leasehold rights to the Selected Bidder on the Project Site for the Lease Period, for development and construction of a Property development (warehouse) project.
• The Lessee hereby also agrees that it is acquiring the leasehold rights on the Project Site to develop the project only as specified under this Agreement. However, the ownership rights over the building constructed on the Project Site shall at all times vest with HMRTC only.
• For avoidance of doubt, it is clarified that the Lessee is exclusively responsible for the execution of the Project and it shall bear the financial, technical, commercial, legal and other risks in relation thereto regardless of any escalation in cost, Change in Law, other contingencies, circumstances and/or hazards that may be encountered (foreseen or not unforeseen) during the Lease Period.

Layout Plan and Site Limitations:

• Within two months from the date of total payment of Lease fee, the Lessee shall submit to HMRTC for its approval, a Layout Plan for the Project, which shall be in conformity with the following conditions:
• Planning of the development must take into account and provide for uninterrupted and easy movement of commuters into and out of the MRTS Station/Stabling Yard. The Lessee must provide for the full parking requirement for the development work scheduled to be undertaken by him.
• If the Lessee’s proposal in any way affects the HMRTC structures and/ or related facilities and other amenities, the Lessee will have to rehabilitate the same at its own cost and risk, to the complete satisfaction of HMRTC.
• The Lessee is required to plan for the parking requirement of its development as per the prevailing development norms.
• The Layout Plan and the development of the Project Site in pursuance of the same shall be strictly in accordance with the existing master plan of Gurgaon applicable building and municipal laws, applicable bye-laws or regulations as prescribed by the statutory authorities.
• HMRTC reserves the right to reject any Layout Plan submitted by the Lessee on any account whatsoever including without limitation, on account of the fact that the same does not adhere to the stipulations specified in this Article.
• Lessee shall complete the Project in accordance with the Layout Plan as approved by HMRTC.

Eligibility:

• The Bidder shall meet the following minimum Eligibility Criteria (the “Eligibility Criteria”): 3.5.1 A Bidder must be a sole proprietorship firm or a partnership firm 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, such Consortium 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 HMRTC for implementation of the Project. The members of Consortium shall be required to maintain 100% of the equity of the SPC throughout the subsistence of the Lease Agreement.
• In case 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, Performance Security, Lease Fee etc.) shall be forfeited.
• In case of bidder being sole proprietor firm or a partnership firm or a body incorporated and registered in India under the Companies Act 1956 / 2013 , the formation of special purpose company (SPC) within 30 days of issuance of the LOA may be considered on the sole discretion of HMRTC , however, if allowed by HMRTC, the SPC will be a subsidiary of the selected bidder and the minimum shareholding of the selected bidder shall remain 99% of the equity of the SPC throughout the subsistence of the Lease Agreement. 

Technical Capability:

• The Bidder (as a developer / contractor / owner) should have successfully completed in last 10 years preceding the bid opening date, commercial / property development / warehouse project/s equivalent to either:
  • One similar project having built up an area not less than 80% of 168717 Sq ft. Built Up Area, or
  • Two similar projects each having built up area not less than 50% of the 168717 Sq ft. Built Up Area, or
  • Three similar projects each having built up an area not less than 40% of 168717 Sq ft. Built Up Area.
• Provided further that:  the commercial / warehouse / property development project/s being treated as completed when it is ready for occupation and the same is certified as such by an  Architect / statutory auditor / or the Chartered Engineer as the case may be. Bidders shall submit their technical eligibility in the specified Bid Form (link Form) for technical eligibility duly certified by an architect and the statutory auditor or the chartered Engineer as the case may be.

For further details and e-tendering schedule visit website https://etenders.hry.nic.in/nicgep/app

Source: HMRTC- Tender | Image Credit (representational): Gurugram Rapid Metro