Nagpur Metro Update: Tender invited for licensing of property business spaces at selected metro stations of Nagpur Metro rail project for 9 years

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Maharashtra Metro Rail Corporation Limited (MMRCL) has invited tenders for Licensing of property business spaces having area less than 100 Sqm at selected metro stations at Reach-1, Reach-2 and Reach-3 of Nagpur Metro rail project for a period of 09 years.

  • Tender No: N1PD- 58/2022
  • Name of work: Licensing of property business spaces having area less than 100 Sqm at selected metro stations at Reach-1, Reach-2 and Reach-3 of Nagpur Metro rail project for a period of 09 years.
  • Licence Period: 09 Years
  • Document Download Start Date: 24th November, 2022
  • Document Download End Date: 27th December, 2022
  • Pre-Bid Meeting: 08th December, 2022
  • Bid Submission Start Date: 24th November, 2022
  • Bid Submission End Date: 27th December, 2022
  • Bid Opening Date: 27th December, 2022

Background:

  • The Maharashtra Metro Rail Corporation Ltd. (hereinafter referred to as “MAHAMETRO”), a joint venture of the Government of India (GOI) and the Government of Maharashtra, for implementing and operating the Nagpur Metro Rail Project in Nagpur City.
  • MAHA-METRO was incorporated on 18th February 2015 with a vision to create a safe, reliable, efficient, affordable, commuter friendly and environmentally sustainable rapid public transport system for the Nagpur City and Nagpur Metro Region.
  • Nagpur Metro Rail Project consists of 38.215 Km metro corridor, 38 stations and 2 Depots. The entire stretch is divided into 2 alignments or corridors i.e.
    • North-South Corridor with Rail length approx. 19.658 Kms with 18 stations
    • East-West Corridor with Rail length approx. 18.557 Kms with 20 stations.
  • This tender is called by Maha-Metro to License the prime property business spaces in the vicinity of residential, institutional, commercial, and recreational areas at certain metro stations for a period of 9 years. The details of the stations and the areas of the PB spaces for which the tender is called for is enclosed at Annexure – 1: Details of Property Business Space offered for Licencing.

Scope of Work:

  • The Licensee shall, at its sole expense and risk, carry out the financing, construction, procurement, management, operations and maintenance of the Licensed Area in accordance with the provisions of this Agreement.
  • The offered space/s as referred above will be provided on “as is where is basis” and Maha-Metro shall provide,
  • All necessary modification shall be carried out by the licensee at its own cost after taking valid prior written permission from Maha-Metro. If there is any damage/loss to any structure/asset of Maha-Metro their cost shall be borne by the licensee.
  • If available, the Bidder can use the parking facility available/provided at the metro station. The usage of parking shall be subject to payment of applicable parking charges as decided by Maha-Metro/nominated agency from time to time.
  • The Property Business space shall be provided to Licensee on license basis for a period of 09 Years.
  • It shall be the responsibility of the Licensee to furbish/finish the entire offered space for commercial utilization at their own cost and as per the specifications approved by Maha-Metro.
  • The usage of offered space shall be in accordance with the activities as listed in Annexure – 2: List of Preferable Activities and Banned/Dis-allowed Activities.
  • The space(s) can be used for any activity except for activities mentioned in the list of banned usages/ negative list placed at Annexure – 2 : List of Preferable Activities and Banned/Dis-allowed Activities. Maha-Metro has full right to ensure strictly that there is no violation in this regard.
  • The Licensee may use or allow the use of the Licensed Area for other activities which are not envisaged in point no. (e.) above, only after taking prior written approval of Maha-Metro.
  • The Licensee shall be required to adhere to the building design, but there are no limitations on planning and subdivision of the interior floor space without damaging the metro station structure or part thereof. However, within these parameters, maintaining the structural safety and integrity shall be the sole responsibility of the Licensee.
  • The Licensee shall also ensure that the furbishing within tendered area is not a safety hazard for Maha-Metro civil structures and public at large. The Licensee shall also ensure that all existing utilities and facilities (if any) falling within the said tendered space will be kept accessible and the Licensee shall not interfere or tamper with those installations at any time.
  • Notwithstanding anything mentioned above, the Licensee is required to adhere to the provisions of the prevailing National Building Code applicable for metro stations for the various works to be undertaken within the tendered space.
  • The Licensee shall be solely responsible for procuring all the permissions/ licenses etc. required from the statutory/ regulatory/ civic authorities concerned, to be able to use the tendered space for desired commercial purposes/ business. Maha-Metro shall not be responsible for any such procurement and shall not entertain any claims in this regard.
  • Firefighting and other infrastructure created within the tendered space must be integrated with the infrastructure already provided /planned for the respective metro station by Maha-Metro.
  • The Licensee shall at all times adhere to all provisions of the Metro Railway (Operation And Maintenance) Act, 2002 and amendments thereto and shall also comply with all notices and circulars issued by Maha-Metro in this regard.
  • Operate, manage and maintain the entire offered space with an adequately trained and experienced team for responsibilities as defined in this tender document.
  • Under no circumstances, shall the tendered space or facilities constructed or installed at the licensed space / tendered space be mortgaged, charged or otherwise put under any lien (including negative lien), charge or encumbrance be created or agreed to be created in favour of any person, including the Lenders/ Financial Institution (s)/ Banks etc.
  • The licensee shall not be allowed to monetize the License area, facilities, constructions or installations therein, through Real Estate Investments Trusts (REITs)/Infrastructure Investment Trusts/etc.
  • The Licensee ensures that no polythene baggage is utilised/used at the tendered area/ licensed area. Moreover, Licensee shall ensure the proper segregation of waste i.e. dry and wet waste (if any) before disposal of same.
  • The Licensee shall be responsible to keep the license space and surrounding area neat and clean.
  • Comply with all statutory requirements in connection with this tender document.
  • Ensure regular and timely payments of all amounts due to Maha-Metro and discharge all obligations as per provisions of this tender document.
  • Payment of all statutory taxes, service tax, local levies, statutory dues, etc. as and when due and as applicable.

Signages and Advertisements:

  • The Licensee shall have the right to display signage(s) of suitable size for displaying its generic name of each Space. The signage may be illuminated or non-illuminated at the Licensee’s option, however it shall need to confirm to all governmental laws, regulations or ordinance relevant thereto.
  • The Licensee shall also need to obtain a written approval from Maha-Metro before putting up any form of signage and Maha-Metro reserves the right to refuse or to suggest an alteration to the same. The size, shape, location, etc. of signage are subject to architectural controls to be issued by Maha-Metro.
  • Signage should be used only for the business being run by the Licensee in the licensed premises. In addition, the Licensee shall also be required to use standard materials as per standards prevalent in Maha-Metro, for which he shall seek necessary approval from Maha-Metro.
  • Space for 1 common totem pole shall be provided by the Maha-Metro without any additional License fee at a suitable location. Space for the Totem pole will be provided on the Ground/ Concourse floor of appropriate size.
  • The totem pole shall be backlit. Branding of all the property Business spaces shall be done on the common totem pole. The installation cost, electricity consumption charges, taxes etc. (if any) shall be borne by the Licensee.
  • No advertisement in any format shall be permitted on the outer surface of the Licensed Space. However, the licensee shall be allowed to use interior of the Licensed Spaces for display of advertisement only about the business / commodity being run / sold by the Licensee in the Licensed Space(s).
  • The Licensee shall need to obtain a written approval from Maha-Metro by way of a notice before putting up any form of signage/ advertisement within/outside their premises and Maha-Metro reserves the right to refuse or to suggest an alteration to the same. The signage/ advertisement shape and location etc are subject to architectural controls to be issued by Maha-Metro.
  • Placement of signage/ advertisement without the permission of Maha-Metro or placement in non-approved locations shall attract a penalty of Rs.5000/- per signage/ advertisement on the first occasion and Rs.50,000/- per signage/ advertisement on the second occasion. In case of persistence default, Maha-Metro reserves the right to terminate the agreement with forfeiture of the (interest free) security deposit and advance License fee paid in its favour.
  • Maha-Metro shall not unreasonably interfere with the signage/ advertisement plan. If Maha-Metro is not satisfied and raises any objections, the licensee shall be required to appropriately amend/ modify his scheme within a reasonable timeframe and seek MahaMetro approval once again.

License Period:

  • The license is hereby granted in favour of the Licensee for a total period of 09 (Nine) years from the Commencement Date subject to unless otherwise terminated by Maha-Metro or surrendered by the successful bidder / licensee, in terms of provisions of License Agreement.
  • The tenure of License Agreement shall commence from the effective date.
  • Tenure of the License Period of any additional space handed over subsequently shall be coterminous with above period irrespective of date of actual handing over for such additional space.
  • There shall be a lock in period of one (01) year from the effective date.
  • The Licensee shall have the option to exit from the License Agreement immediately after completion of a lock-in period of 01 (one) years. For it, the Licensee shall have to issue 180 days prior notice to Maha-Metro. Such prior notice intimation can be given after six months however option to exit will be available only after one (01) year.
  • At no time during the license tenure, the Licensee shall be allowed to surrender partial Licensed Space which has been handed over to the Licensee by Maha-Metro.
  • At the end of License period or in the event of termination of this agreement prior to completion of license tenure, for any reason whatsoever, all rights given under this License Agreement shall cease to have effect and the premises shall revert to Maha-Metro, without any obligation to Maha-Metro to pay or adjust any consideration or other payment to the Licensee.
  • The tenure shall be inclusive of fitment period as applicable for the tendered space.
  • On completion/ termination of License Agreement, the Licensee shall hand over the space with normal wear & tear. The Licensee shall be allowed to remove its assets like temporary structure, furniture, almirahs, air-conditioners, DG sets, equipment, etc. without causing damage to the existing structure. However, the Licensee shall not be allowed to remove any facility, equipment, fixture, etc. which has become an integral part of the development plan of the space.
  • At the end of the License Period or sooner determination of this Agreement for any reason whatsoever all rights given under this License Agreement shall cease to have effect and the Licensed Area with all the furniture and fixtures and other assets permanently attached to the Licensed Area shall revert to Maha-Metro without any obligation on part of Maha-Metro to pay or adjust any consideration or other payment to the Licensee.
  • The Licensee voluntarily gives Maha-Metro the right to seal the said Licensed Space(s) and remarket the same as part of its discretion upon Termination of this Agreement. No claim, compensation or damages will be entertained by Maha-Metro on this account.
  • The Licensee shall not assign any of its rights or interest in respect to the license agreement in favour of any company/person(s) at any time and for any reasons whatsoever.
  • The Licensee shall have “First Right of Refusal” at the end of license tenure, provided no default is made in the payments of License fees to Maha-Metro and the Licensee participates in the tender invited then and agrees to match the highest bid received.

Sale of document, e-payment procedure, submission and other details are available on MAHA-Metro (Nagpur) E- tender portal under section in e- tenders. https://mahametrorail.etenders.in


Source: Maha Metro- Tender | Image Credit (representational): Nagpur Metro

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