Agreement of Operation and Management of 25 Paid Parking and 1 Multi Level Parking in Chandigarh

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0 2016 0 RK 584662 ~ 3 JUN 20t11

AGREEMENT

This agreement made on the ~J~~ in the year ~or+ between Municipal Corporatfon, Chandigarh, having its office at New Deluxe ~ui\ding, Sector 17, Chandigarh (Hereinafter called '"MCC"), which term shall unless repugnant to the subject or context thereof include its succ~ssors ar.d assigns on the one part.

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~ - Mumbai, (Hereinafter called "Contractor "), which term -s..t::,l-l ~ unless repugnant to the subject or context thereofits, successors and assigns of tt'>: otb:e-r part. ~•:HE.~E-.\5. the MCC a statutory local body and whereas the present work for which this t.·»cbty servtces contract is being entered into can better be executed by an independent hc,ht) lgenry.

AND WHEREAS, Contractor shall provide operation & Management of 25 paid parkings

1:1~ O1 s.1ult1 Level Parking, in Chandigarh on MCC's requirement on the following Terms &

1. t'·,dmons.

CONDITIONS OF CONTRACT:

1. DEFINITIONS MCC means Municipal Corporation, Chandigarh, having its office at New Deluxe Building, Sector 17, Chandigarh

Contractor' means Arya Toll Infra Ltd., 12, Sunita Anand Palace, Co-Op Society, CTS No. 030. 8,11 Raieshwari Road, Vaishali Nagar, Mumbai,

·officer-in-Charge' means the Additional Commissioner/Joint Commissioner/Assistant Cnmm1ssioner, whosoever will be the controlling officer of the Parking Branch, Municipal Cnrporat1on, Chandigarh and authorized to act for and on its behalf.

1. Period of license: - The period of license will be initially for three years, extendable up to five years on performance basis on approval of Jt.CMC / Addi.CMG. l n case of extension of the license, the licensor shall be at liberty to modify the terms and conditions of the license by giving due notice to the licensee in order to ensure smooth functioning of Paid Parkings provided the same are in public interest and such modifications do not have any adverse financial implication on the licensee. In case the licensee desires to get the liceP-se extended beyond three years, consent has to be s ubmitted three mo!1ths prior to the date of completion of three MUNICIPAL CORPORATION, CHANDIGARH

TERMS AND CONDITIONS OF 25 NOS. OF PAID PARKING AREAS AND ONE MULTI LEVEL PARKING

1. Period of license: - The period of license will be initially for three years, extendable up to five years on performance basis on approval of Jt.CMC / Addl.CMC. In case of extension of the license, the licensor shall be at liberty to modify the terms and conditions of the license by giving due notice to the licensee in order to ensure smooth functioning of Paid Parkings provided the same are in public interest and such modifications do not have any adverse financial implication on the licensee. In case the licensee desires to get the license extended beyond three years, consent has to be submitted three months prior to the date of completion of three years of license. However MCC is not bound to extend the license after three years. 2. The successful/highest bidder shall deposit advance license fee i.e. 25% of the accepted annual bid with in seven days of issue of letter of intent. In case successful bidder fails to deposit the same, the earnest money of the successful bidder shall be forfeited and he/she/they shall not be allowed to participate in the E-Bidding/tendering/auction of Paid Parking Areas of Municipal Corporation, Chandigarh for next two years. 3. Bank Guarantee :- The Successful Bidder Shall deposit a Bank Guarantee (BG) of amount equivalent to 10% of the annual bid amount in favour of Commissioner, Municipal Corporation, Chandigarh (MCC) within 7 days of issue of letter of intent. The bank guarantee should be valid for a period of 66 months to cover the period of 05 years of license, if extended and another 6 months for finalization/closing of accounts.

1 In case successful bidder fails to complete the requisite formalities within the stipulated period as per letter of intent, the licensor shall forfeit the amount already deposited by him (including EMD) with the Municipal Corporation, Chandigarh besides withdrawing the Letter of Intent. 4. Payment of license fee: The licensee shall deposit 25% of annual license fee in the shape of bank draft drawn in favour of the Commissioner, Municipal Corporation, Chandigarh on quarterly basis in the first week of every three months. 5. Increase in license fee: In case of any revision in parking fee during the period of license, the license fee shall be calculated proportionate to the percentile increase in parking fee. (i) In case rate of parking fee is increased in future the licensee shall be liable to pay the license fee @ 1.5% for increase of 1% in license fee.

6. Late payment of installment/license fee:- In case of late payment of license fee, the licensee shall be liable to pay interest at rate of 12% per annum from the first day of the month on which the payment falls due and up to the date of actual payment but not later than 15 days in any case. In case the payment is not made within 15 days of the due date, the Additional Commissioner/Joint Commissioner shall reserve the rights to cancel the license and forfeit dues equivalent to the outstanding dues along with interest from the Bank Guarantee. 7. Infrastructure:- The successful bidder shall arrange the following infrastructure required to operate and manage the paid parkings:- I Sign board to display the rate list and showing the signage for scooter / car parking duly intact during the license period. II Adequate number of CCTV Cameras to connect the parking areas including each entry and exit point connected to server with data feed to M.C.Chandigarh. III Kiosks (Booth) at the entry and exit point of the parking IV Marking of the car / scooter lanes. V E-ticketing machine / computer connected to central server. VI Cones and chains for proper parking of the scooter and cars. VII Barricades to control the vehicles.

2 VIII Digital signage at every entry point showing status of capacity, occupancy and vacant slots. IX The licensee can repair and use existing kiosks setup at parking lots and barricades available with the Municipal Corporation, Chandigarh. X The agency /contractor / company will arrange the electricity connection at his/its own level and make the payment of the bill thereof. XI At the time of completion/termination of the contract the agency will produce the No Due Certificate from the electricity or other departments. 8. Responsibility of the Municipal Corporation, Chandigarh:_ I Major and Minor repairing of roads and road gullies in parking area. II Repairing of parking lights. 9. Agreement:- The licensee shall execute a Memorandum of Understanding/License Deed on stamp papers within 7 days of issue of letter of intent. All costs in this regard shall be borne by the licensee. The original copy of license deed shall be deposited with licensor. 10. Usage of premises:- The licensed premises/sites shall be used only for allowing parking of vehicles for which the license is granted. (i) The licensee shall have to hand over vacant possession of the site/premises to the concerned SDO (Road) Or authorized person of MCC after completion/termination of the Contract Period. (ii) The licensee shall not transfer or sublet the license to a third party directly or indirectly. In case of default on this account agreement is liable to be terminated without affording any opportunity and decision of MC.C. will be final and binding. (iii) The licensee shall install suitable size of boards at entry point indicating therein that user is entirely responsible for getting the token issued at the entry point. In case he does not produce the token or loses it, he will be liable to pay penalty of Rs. 100/- on production of Id/RC/DL to the satisfaction of the licensee. (iv) The Additional Commissioner/Joint Commissioner, MCC or any authorized official may enter upon the premises at any

3 reasonable time and in any reasonable manner to inspect the premises for ascertaining that the licensee is duly observing terms and conditions of allotment. 11. Smart Parking Solution-:- The contractor has to deploy smart parking solution in the parking area to ensure the followings:- a. All ticketing by electronic machine with real time data coming to central server which can be checked by MCC at its computer or mobile. b. In no case manual ticketing shall be allowed. c. CCTV coverage of parking area with 100% recording at central server and feed to officials authorized by MCC. d. Mobile applications for at least IOS, Android platform where public can get requisite information about parking and authorized MCC officials can get real time access to data , KPIs and other information about parking management. e. Boom barriers are preferred if not mandatory. f. System for using Smart card based passes and Smart card based payment system with card issuance and recharging facility at each parking. g. Smart Card to be used as free parking passes are to be provided by the contractor without any cost to the Municipal Corporation as per requirement. h. Smart card based paid monthly passes should be issued by the contractor as per rates provided in the terms and conditions. However, the contractor may charge Rs.100/- as security for the smart passes from the applicant. i. Branding/ advertisement only on one side of Smart Card and back side of parking slip are allowed. j. The licensee shall ensure to make Smart Parking Solution functional within one month after the allotment of tender. In case of failure a penalty of Rs.1000/- per day for each parking lot will be imposed up on him upto next one month.

4 12. RATES OF PARKING FEE APPLICABLE FOR ALL PARKINGS EXCEPT MULTI LEVEL PARKING, SECTOR 17, NEAR FUN REPUBLIC MANIMAJRA, NEAR PICADILLY MULTIPLEX, SECTOR 34 I & II, NEAR ELANTE MALL INDUSTRIAL AREA, PHASE I, CHANDIGARH.

Sr. Type of Vehicle Rates upto Rates w.e.f. No. 31.03.2018 01.04.2018 (a) (Two Wheeler) For first 4 hours 5.00 10.00 up to 6 hours 10.00 20.00 up to 8 hours 15.00 30.00 up to 10 hours 20.00 40.00 up to 12 hours 25.00 50.00 and above Helmet 2.00 4.00 Day Pass 15.00 25.00 (b) Four Wheeler / Rates upto Rates w.e.f. Three 31.03.2018 01.04.2018 Wheeler/Taxi For first 4 hours 10.00 20.00 up to 6 hours 20.00 40.00 up to 8 hours 30.00 60.00 up to 10 hours 40.00 80.00 up to 12 hours 50.00 100.00 and above Day Pass 25.00 50.00

5 For first 4 hours 20.00 40.00 up to 6 hours 40.00 80.00 up to 8 hours 60.00 120.00 up to 10 hours 80.00 160.00 up to 12 hours 200.00 and above 100.00

Day Pass 50.00 100.00

(d) Tourist Rates upto Rates w.e.f. Buses/HCV 31.03.2018 01.04.2018 For first 4 hours 50.00 100.00 up to 6 hours 100.00 200.00 13. up to 8 hours 150.00 300.00 Rates of monthly up to 10 hours 200.00 400.00 passes up to 12 hours for 250.00 500.00 single and above specific Day Pass 125.00 250.00 parking Type of Rates up to 31.03.2018 Rates w.e.f 01.04.2018 vehicle Two Rs. 150/- Rs.300/- Wheeler Four Rs.300/- Rs.600/- Wheeler

I) Monthly pass holders will not be allowed to park their vehicles in the parking area in front of Empire Stores, Dr. Sahib Singh and CMC parking, Sector 17, Chandigarh.

II) In case of loss of parking slip an amount of Rs. 100/- will be charged and vehicle will be released after producing a copy of identity proof. (This clause will be applicable for all type of parkings)

14. Rates of City parking pass:-

Rates of city parking passes for two wheelers:-

6 Rates upto Rates w.e.f. Remarks 31.03.2018 01.04.2018 Monthly Rs.400/- Rs.800/- For 4 Hours Quarterly Rs.1000/- Rs.2000/- For 4 Hours

Half Rs.1500/- Rs.3000/- For 4 Hours Yearly Yearly Rs. 2500/- Rs. 5000/- For 4 Hours

Rates of City parking pass for four wheelers / Taxis

Rates upto Rates w.e.f. Remarks 31.03.2018 01.04.2018 Monthly Rs. 800/- Rs. 1600/- For 4 Hours Quarterly Rs.1800/- Rs.3600/- For 4 Hours

Half Yearly Rs.3500/- Rs.7000/- For 4 Hours

Yearly Rs.6000/- Rs.12000/- For 4 Hours

Rates of City parking pass for Mini Bus/Service Jeep/LCV

Rates upto Rates w.e.f. Remarks 31.03.2018 01.04.2018 Monthly Rs.1000/- Rs.2000/- For 4 Hours Quarterly Rs.2000/- Rs.4000/- For 4 Hours

Half Yearly Rs.4000/- Rs.8000/- For 4 Hours

Yearly Rs.8000/- Rs.16000/- For 4 Hours

Rates of City Parking Passes for Three wheelers: -

Rates upto Rates w.e.f. 31.03.2018 01.04.2018

Monthly Rs.500/- Rs.1000/- For 4 Hours

7 Quarterly Rs.1000/- Rs.2000/- For 4 Hours

Half Yearly Rs.2000/- Rs.4000/- For 4 Hours

Yearly Rs.4000/- Rs.8000/- For 4 Hours

Note:- (i) City Pass holder will be allowed to park his/her vehicle in a parking for maximum 4 hours. After 4 hours he/she has to pay the original parking fee on hourly basis.

(ii) City passes will be valid for all parkings except Multi level Parking, Sector 17, Chandigarh.

(iii) An amount of Rs. 100/- will be charged as security for city parking pass.

15. RATES OF PARKING FEE APPLICABLE FOR PARKING NEAR ELANTE MALL, FUN REPUBLIC, MANIMAJRA, PICCADILY MULTIPLEX-I & II, SECTOR 34,CHANDIGARH.

Sr. Type of Rates upto Rates w.e.f. No. Vehicle 31.03.2018 01.04.2018 (a) Scooter/Motor 10.00 20.00 cycle (b) Cars 20.00 40.00 (c) Mini bus / Commercial 50.00 100.00 van (d) Tourist Bus 100.00 200.00 (e) Helmet/Cycle 3.00 4.00

No monthly pass will be issued for parkings adjoining Cinema Halls & Multiplexes i.e. :-

i) Near Fun Republic & Tourist Buses Parking, Manimajra. ii) Near Elante Mall , Ind Area, Phase I, Chandigarh. iii) Near Piccadilly Multiplex-I, Sector 34, Chandigarh. iv) Near Piccadilly Multiplex- II, Sector 34, Chandigarh.

Rates for Tourist buses parking attached with parking near Fun Republic, Manimajra:-

Sr No. Type of Parking fee in Remarks vehicle Rs.

8 1. Tourist Bus 50.00 4 Hours 100.00 24 Hours 500.00 Weekly Charges

16. RATES OF PARKING FEE APPLICABLE FOR MULTI LEVEL PARKING, SECTOR 17, CHANDIGARH.

Sr. Type of Vehicle Duration of Parking Fee No. Parking (in Rs.) (a) (Two Wheeler) For first 4 hours 2.00

up to 5 hours 4.00 up to 6 hours 6.00 up to 7 hours 8.00 up to 8 hours 10.00 up to 9 hours 12.00 up to 10 hours 14.00 up to 11 hours 16.00 up to 12 hours 18.00 up to 13 hours 20.00

Sr. Type of Vehicle Duration of Parking Fee No. Parking (in Rs.)

(b) Four Wheeler For first 4 hours 5.00 up to 5 hours 10.00 up to 6 hours 15.00 up to 7 hours 20.00 up to 8 hours 25.00 up to 9 hours 30.00 up to 10 hours 35.00 up to 11 hours 40.00 up to 12 hours 45.00 up to 13 hours 50.00

RATES OF MONTHLY PASSES FOR MULTI LEVEL PARKING, SECTOR 17, CHANDIGARH

(i) Monthly Pass for two wheelers:- Rs.150/- (ii) Monthly Pass for four wheelers:- Rs.300/- a. The licensee shall be liable for any act against law committed by him or his workers.

9 b. The complete collection from tickets will be deposited with the Municipal Corporation, Chandigarh. c. The licensee shall also arrange security guards & Supervisors round the clock for security of the premises & vehicles parked in the Multi level Parking. In case of loss of any property of Multi Level Parking the recovery of the same will be made from the licensee. The licensee should depute adequate manpower as security guard for the security of the premises and equipments. d. The maintenance of all electrical equipments/computer etc provided in Multi level Parking, shall be responsibility of the licensee except the items under Annual Maintenance contract of Electrical Wing of Municipal Corporation, Chandigarh. e. The licensee shall depute at least 15 workers for smooth operation of Multi Level Parking. f. Stationary for generation of fee slips is also liability of the Contractor.

TERMS AND CONDITIONS FOR DISPLAYING ADVERTISEMENT AT MULTI LEVEL PARKING SECTOR 17, CHANDIGARH. a. Advertisements shall be displayed at basements only on the places and size as designated by M.C., Chandigarh i.e. total area measuring 2688 Sq.ft ( 28 panel on each basement i.e. total 84 nos. (8’-0”x4’-0”) (as per drawing job No. 2680 of Chief Architect, Department of Urban Planning, Chandigarh Administration)and Finance Department letter No. 17/1/3/-UTFI(I)-2016/7833, dated 18.08.2016. b. No Obscene advertisement shall be allowed to be displayed at Multi Level Parking. c. No advertisement related to liquor, cigarettes, tobacco or any other intoxicants shall be allowed to be displayed. d. While displaying advertisement security and safety of the public should not be compromised. e. The MCC shall not be liable for any breach of contract entered by the licensee with any company regarding advertisement and any other related omission and commission of the licensee. f. The Advertisements shall be applicable as per The Chandigarh Advertisement Control Order 1954.

10 17. Free parking passes: - The Municipal Corporation, Chandigarh keep the right to issue free parking passes as per requirement and policy.

18. Parking fee exemptions:- No parking fee shall be charged from three wheelers e-rickshaw/cycle rickshaw who enter parking area for dropping passengers.

19. Penalties: - The licensee shall be liable to pay penalties, if so ordered by the Additional/Joint Commissioner, on account of commission of any violation in each parking area separately, as under:-

(a)

Sr. Violation 1st 2nd 3rd 4th 5th No. Occasion Occasion Occasion Occasion Occasion Rs. Rs. Rs. Rs. and thereafter Rs. i Non wearing of 1000/- 3000/- 5000/- 7000/- 10000/- uniform by any employee of licensee ii Misbehavior by 1000/- 3000/- 5000/- 7000/- 10000/- licensee or any of his employee(s) Iii Non wearing of 1000/- 3000/- 5000/- 7000/- 10000/- Name plate by the employees /supervisor iv Parking of 10 times of vehicle(s) in Parking fee unauthorized area or Vehicle. haphazard parking

Sr. Violation 1st 2nd 3rd 4th 5th 6th No. Occasion Occasion Occasion Occasion Occasion Occasion Rs. Rs. Rs. Rs. Rs. v Overcharging of 2000/- 5000/- 10000/- 12000/- 15000/- Cancelation parking fee Of license vi Non Issue of 1000/- 3000/- 5000/- 7500/- 10000/- Cancelation parking slips Of license vii Commercial 5000/- 10000/- 10000/- 12000/- 15000/- Cancelation activity in parking Of license area.

11 viii Non use of E- 1000/- 3000/- 5000/- 7500/- 10000/- Cancelation Ticketing machine I I Of license

(b) Manpower at 50 meter distance: - The licensee shall deploy sufficient manpower in each paid parking to avoid inconvenience to the general public. Accordingly, minimum two persons each should be deployed at entry and exit gate and one person at distance of each 50mtrs inside the parking area to facilitate the public to park their vehicle in proper manner. In case of non deployment of person at each 50 meters, a penalty of Rs.1000/- will be imposed on each occasion. (C) Wearing of Name Plate:- All the parking attendants/supervisor will wear the name plates. They should have minimum qualification of middle pass and should not have age less than 18 years. In case of default, a penalty of Rs.1000/- shall be imposed in respect of parking area, in which the violation will be found, on each occasion. (d) List of Staff:- The Licensee will supply the list of staff employed by him for the each paid parking area every month. In case of default the licensee shall be liable to pay penalty of Rs.2000/- per month. (e) Issue of Parking Slips : - The parking slips shall be issued at the entry point by the licensee. The parking slips and fee will be collected at the exit point. Parking slips shall only be issued by computerized device like E- Ticketing Machine etc. The Licensee shall always keep extra devices to ensure zero breakdown time. In case of default, a penalty of Rs.1000/- shall be imposed in respect of each parking area, in which the violation will be found, on each occasion. (f) If any vehicle is found parked in an area other than the earmarked parking area or the vehicles are parked in haphazard manner the licensee shall be liable to pay fine equivalent to 10 times of parking fee per vehicle. (g) The Licensee is liable to deposit the amount of penalty imposed upon him, if any, with this office within a period of 10 days from the date of issue of orders of such penalty. In case the Licensee does not deposit the amount of penalty imposed upon him, with this office, within a period of 10 days from the date of issue of orders of penalty, the Licensee shall also be liable to pay 5% more on compounding basis of the amount of penalty after the lapse of every 10 days..

12 20. Taxes: - The licensee shall be liable to pay all taxes as applicable including income tax, service tax and fee / taxes as imposed by any competent authority, from time to time, during the license period. 21. Damage to property:- The licensee shall be responsible for protecting the property of the MCC during the license period and he shall be liable to pay in case of damage, if any. The damage will be assessed by Addl./Joint Commissioner in consultation with the Engineering Department of MCC. The recovery of the same will be charged on penal rate as per schedule of Engineering Wing. 22. Theft of vehicles:- The licensee shall be responsible for damage and theft(s) of vehicle(s) from parking areas, but, the licensee shall not be liable for theft of any article (s) kept in the vehicle. The Licensee and the licensor shall not be held responsible for any theft/damage to the vehicle before and after parking hours, even though the parking token was issued. 23. In the event of act of any crime / criminal activity in the parking area under the jurisdiction of the licensee, sole responsibility lies with the licensee. 24. Uniform:- All employees of the licensee shall wear proper uniform during duty hours as mentioned below. They will all wear name plate on the shirts:- (a) Shirt Light Brown(T-Shirts for summer) (b) Pant Dark Brown (c) Belt Brown (d) Shoes Black (e) Full sleeve sweater Brown and Jacket (for Winters) (f) Turbans for Sikh Khakhi. OR Uniform of the workers of the company / agency approved from the MCC. 25. Sign Boards:- Appropriate sign boards shall be provided by the licensee at the site duly indicating the name of the licensee, telephone number (s) and rates of parking fees in three languages i.e. English, Hindi and Punjabi. 26. Temporary closure of parking area:- The Additional / Joint Commissioner may close the parking area in case the parking area is required to be closed temporarily due to any unforeseen reason(s) or administrative reason(s). The MCC shall duly compensate for the closed period on pro-rata basis.

13 27. Increase/decrease in Parking Area:- In case more area is converted into paid parking area the same may be handed over to the licensee on the license fee to be calculated at the rate of license fee being paid presently per square meter . If in any case, the parking area is reduced due to Administrative reasons, it will be adjusted accordingly. 28. Timings of parking: - The timing of the parking shall be from 8.00 A.M. to 12.00 (Midnight) except for Paid Parking Areas in front of Dr.Sahib Singh and Empire Store, Sector 17, Chandigarh for which the timings shall be 11.30 AM to 12.00 (Midnight)). The agency/licensee will ensure that parking attendants are available for watch and ward of vehicles. In case of default penalty of Rs.1000/- shall be imposed on each occasion. 29. Applicability of Capital of Pb. Act 1952: All terms and conditions shall be governed by the provisions of Capital of Punjab (Development and Regulation) Act, 1952 and Rules framed there under from time to time. 30. That No addition/alteration in the name of the licensee shall be allowed after allotment. Notwithstanding the specification of share, liability of all partners of licensee(s) shall continue to be joint and several. 31. Address of licensee: - The licensee shall declare his postal and permanent address and same shall be got verified from the concerned District Magistrate. The licensee shall submit residential proof e.g. copy of ration card/electricity bill, voter identity card etc. In case of any change of residential address the licensee shall duly intimate the same to the Addl./ Joint Commissioner, MCC. 32. Separate Parking for Handicap Person & Women:- A separate space shall be earmarked for parking of vehicles of handicapped persons and women. The licensee is not permitted to park other vehicles in areas which are specifically earmarked for different categories of vehicles. 33. Employees of licensee: - All persons employed by the licensee in parking area shall be the employees of licensee for all intents and purposes and such employees shall have no relationship, what so ever, with the MCC. The licensee will pay minimum wages to his employees at rats as fixed by the Labour Commissioner, Chandigarh Administration, from time to time. The licensee shall not engage persons of age less than 18 years. The licensee shall comply with all provisions contained in the Labour/EPF/ESI Acts and rules framed there

14 under payment of wage Act 1936, the Minimum wage Act 1948, the contract labour (Regulation & Abolition) Act, 1970 and provisions of the Employees Provident and Miscellaneous Provision Act, 1952 as amended from time to time. 34. Cancellation of license:- The license shall be liable to be cancelled by the Additional/Joint Commissioner in case of occurrence of any of the following event(s) and in the manner as mentioned against each:- a) Non verification of antecedents of licensee:- In case of non/adverse verification of antecedents of the licensee by the District Magistrate of place of residence of licensee within 45 days of issue of letter by the Additional/Joint Commissioner, the licensor shall be at liberty to cancel the license and forfeit security deposit of an amount equivalent to 3 months license fee by giving one month notice.

b) In case it is found at any stage during the license period that the

licensee or any of his partners/associates is/was a defaulter of MCC or

debarred/blacklisted by MCC, without giving any notice.

c) The licensee shall ensure that there is no mis-management, mis- conduct, misbehavior or any obnoxious act on his part or by employees appointed by him. In case of any report/complaint, the decision of the Additional Commissioner/Joint Commissioner, MCC for imposing any penalty or such other action including Cancellation as may be considered proper in the interest of public services shall be final and acceptable to the licensee. However, the Addl./Joint Commissioner will give an opportunity of hearing to the licensee and his employees before taking any decision. In case of cancellation, three months notice is required to be served to the contractor.

d) If the licensee fails to abide by the terms and conditions of the agreement or default on account of any violation of clause no. 18 (a) v to viii more than 5 times in any parking area (in total), the agreement is liable to be rescinded after affording an opportunity of hearing. After an opportunity of hearing, the decision of Jt.CMC / Addl.CMC will be final and binding on the licensee.

15 35. Termination of license: -The license shall stand terminated automatically on completion of license period. i) The licensee can request for premature termination of license after completion of one year of the contract by giving three months notice or by depositing money equivalent to three months licensee fee. However, it is made clear that Bidder/Licensee shall not be allowed to give such notice before expiry of one year from the date of taking over the possession.

ii) In case the Licensee surrenders the paid parking lot prior to one year, the Licensor shall recover the amount equal to the remaining period for completion of one year’s License fee plus Licensee fee equal to 3 months notice period, from the Security/Bank Guarantee of the Licensee, lying with the Licensor.

iii) In addition to above, it is also made clear that if the licensee surrenders the paid parking prematurely i.e. before completion of license period as per initial allotment or subsequent extension, the agency shall not be permitted to participate in any subsequent E-Bidding/tendering of parking lot for a period of three years from the date of handing over the possession back to the Licensor.

iv) If the licensor wants to terminate the license before the expiry date then the licensor will give at least three months notice or pay money equal to three months license fee. In an event of making payment as above, the Licensor will be entitled to take over possession within 24 hours thereafter.

v) In case of premature surrender by the contractor the infrastructure provided in all parkings will become property of Municipal Corporation, Chandigarh.

36. - Arbitration: - All disputes and differences arising out or in any way touching upon this license deed, whatsoever, shall be referred to the sole arbitration of the Commissioner, Municipal Corporation, Chandigarh or any

16 officer deputed by him to act as arbitrator. The decision of the arbitrator shall be final and binding on both the parties. The provisions of Arbitration and Consolation Act, 1996, and Rules framed there under and any statutory modification/amendments thereof for the time being in force shall apply for such arbitration. It shall be an essential term of this contract that in order to avoid frivolous claims the party invoking arbitrator shall specify the disputes based on facts and calculations stating the amount claimed under each claim and shall furnish a “deposit-at-call” for ten per cent of the amount claimed, in a scheduled bank in the name of Arbitrator, by his official designation who shall keep the amount in deposit till the announcement of the award. In the event of an award in favour of the claimant, the deposit shall be refunded to him in proportion to the amount awarded with respect to the amount claimed and the balance if any shall be forfeited and paid to the other party.

37. The licensee shall install swipe machine at POS in every parking lot for cashless transaction.

38. Force Majeure:- No party shall be under any liability to the other party of anything which , apart from this provision , may constitute a breach of this Agreement arising by reason of force majeure, namely circumstances beyond the control of the party claiming force majeure , which shall include (but shall not be limited to ) acts of God perils of sea or air , fire , flood, drought ,natural disaster, explosion, sabotage, accident, embargo, riot, civil Commotion, Terrorism, Charge of law, labour disputes, strikes and lockouts which are of statewide and widespread nature.

39. Black listing:- In case of failure in performance or default of responsibilities or breach of terms and conditions of Agreement, action as per ‘policy on blacklisting 2009’ issued vide Finance Department Chandigarh Administration Notification No .1927-F&PO (3) - 2009/ 1170 Dt.27.2.2009 will be taken.

40. Jurisdiction of courts: - All disputes shall be subject to the jurisdiction of courts in Chandigarh only. Note:- The Municipal Corporation, Chandigarh reserves the right to issue any subsequent instructions for compliance depending upon the requirement of

17 circumstances in public interest, which shall be binding for all the Licensees of PPAs.

Joint Commissioner-I Municipal Corporation, Chandigarh

18 Annexure - ‘A’

RATES OF PARKING FEE APPLICABLE FOR ALL PARKINGS EXCEPT MULTI LEVEL PARKING, SECTOR 17, NEAR FUN REPUBLIC & TOURIST BUSES PARKING, MANIMAJRA, NEAR PICCADILY MULTIPLEX I & II SECTOR 34, NEAR ELANTE MALL INDUSTRIAL AREA, PHASE I, CHANDIGARH.

(b) Four Wheeler / Rates upto Rates w.e.f. Three 31.03.2018 01.04.2018 Wheeler/Taxi For first 4 hours 10.00 20.00 up to 6 hours 20.00 40.00 up to 8 hours 30.00 60.00 up to 10 hours 40.00 80.00 up to 12 hours 50.00 100.00 and above Day Pass 25.00 50.00

(c) LCV/Mini Rates upto Rates w.e.f. Bus/Service 31.03.2018 01.04.2018 Jeep/ For first 4 hours 20.00 40.00 up to 6 hours 40.00 80.00 up to 8 hours 60.00 120.00 up to 10 hours 80.00 160.00

19 up to 12 hours 200.00 and above 100.00

Day Pass 50.00 100.00

(d) Tourist Rates upto Rates w.e.f. Buses/HCV 31.03.2018 01.04.2018 For first 4 hours 50.00 100.00 up to 6 hours 100.00 200.00 up to 8 hours 150.00 300.00 up to 10 hours 200.00 400.00 up to 12 hours 250.00 500.00 and above Day Pass 125.00 250.00

Rate of monthly passes for single specific parking

Type of Vehicle Rates up to Rates w.e.f 31.03.2018 01.04.2018 Two Wheeler Rs. 150/- Rs.300/- Four Wheeler Rs.300/- Rs.600/-

I) Monthly pass holders will not be allowed to park their vehicles in the parking area in front of Empire Stores, Dr. Sahib Singh and CMC, Parking, Sector 17, Chandigarh. II) In case of loss of parking slip an amount of Rs. 100/- will be charged and vehicle will be released after producing a copy of identity proof. (This clause will be applicable for all type of parkings)

20 Annexure - ‘B’ RATES OF PARKING FEE APPLICABLE FOR PARKING NEAR ELANTE MALL, FUN REPUBLIC & TOURIST BUSES PARKING, MANIMAJRA, PICCADILY MULTIPLEX-I & II, SECTOR 34,CHANDIGARH.

Sr. Type of Vehicle Rates upto Rates w.e.f. No. 31.03.2018 01.04.2018 (a) Scooter/Motor cycle 10.00 20.00 (b) Cars 20.00 40.00 (c) Mini bus / Commercial van 50.00 100.00 (d) Tourist Bus 100.00 200.00 (e) Helmet/Cycle 3.00 4.00

No monthly pass will be issued for parkings adjoining Cinema Halls & Multiplexes i.e.:- i. Near Fun Republic Manimajra. ii. Near Elante Mall , Ind Area, Phase I, Chandigarh. iii. Near Piccadilly Multiplex-I, Sector 34, Chandigarh. iv. Near Piccadilly Multiplex-II, Sector 34, Chandigarh.

Rates for Tourist buses parking attached with parking near Fun Republic, Manimajra:-

Sr No. Type of Parking fee in Remarks vehicle Rs. 1. Tourist Bus 50.00 4 Hours 100.00 24 Hours 500.00 Weekly Charges

21 Annexure-‘C’ RATES OF PARKING FEE APPLICABLE FOR MULTI LEVEL PARKING, SECTOR 17, CHANDIGARH.

S. Type of Vehicle Duration of Parking Fee No. Parking (in Rs.) (a) (Two Wheeler) For first 4 hours 2.00

up to 5 hours 4.00 up to 6 hours 6.00 up to 7 hours 8.00 up to 8 hours 10.00 up to 9 hours 12.00 up to 10 hours 14.00 up to 11 hours 16.00 up to 12 hours 18.00 up to 13 hours 20.00 and above

S. Type of Vehicle Duration of Parking Fee No. Parking (in Rs.)

RATES OF MONTHLY PASSES FOR MULTI LEVEL PARKING, SECTOR 17, CHANDIGARH

(i) Monthly Pass for two wheelers:- Rs.150/- (ii) Monthly Pass for four wheelers:- Rs.300/-

22 Annexure ‘D’

CITY PARKING PASS

Rates of City parking pass for two wheelers:-

Rates upto Rates w.e.f. Remarks 31.03.2018 01.04.2018 Monthly Rs.400/- Rs.800/- For 4 Hours Quarterly Rs.1000/- Rs.2000/- For 4 Hours

Half Rs.1500/- Rs.3000/- For 4 Hours Yearly Yearly Rs. 2500/- Rs. 5000/- For 4 Hours

Rates of City parking pass for four wheelers / Taxis:-

Rates upto Rates w.e.f. Remarks 31.03.2018 01.04.2018 Monthly Rs. 800/- Rs. 1600/- For 4 Hours Quarterly Rs.1800/- Rs.3600/- For 4 Hours Half For 4 Hours Rs.3500/- Rs.7000/- Yearly Yearly Rs.6000/- Rs.12000/- For 4 Hours

Rates of City parking pass for Mini Bus/Service Jeep/LCV Rates upto Rates w.e.f. Remarks 31.03.2018 01.04.2018 Monthly Rs.1000/- Rs.2000/- For 4 Hours Quarterly Rs.2000/- Rs.4000/- For 4 Hours

Half Yearly Rs.4000/- Rs.8000/- For 4 Hours

Yearly Rs.8000/- Rs.16000/- For 4 Hours

23 Rates of City Parking Pass for Three wheelers: - Rates upto Rates w.e.f. 31.03.2018 01.04.2018

Monthly Rs.500/- Rs.1000/- For 4 Hours Quarterly Rs.1000/- Rs.2000/- For 4 Hours

Half Yearly Rs.2000/- Rs.4000/- For 4 Hours

Yearly Rs.4000/- Rs.8000/- For 4 Hours

Note:- (i) City Pass holder will be allowed to park his/her vehicle in a parking for maximum 4 hours. After 4 hours he/she has to pay the original parking fee on hourly basis. (ii) City passes will be valid for all parkings except Multi level Parking, Sector 17, Chandigarh. (iii) An amount of Rs. 100/- will be charges as security for city parking pass.

24 ANNEXURE-E

EXISTING RATES OF PARKING FEE APPLICABLE FOR ALL PARKINGS EXCEPT MULTI LEVEL PARKING, SECTOR 17, NEAR FUN REPUBLIC MANIMAJRA, NEAR PICADILLY MULTIPLEX, SECTOR 34 I & II, NEAR ELANTE MALL INDUSTRIAL AREA, PHASE I, CHANDIGARH TILL THE INSTALLATION OF SMART PARKING SOLUTIONS

S. Type of Vehicle Total Remarks No. Rs. (a) Two Wheeler 2.00 Single Entry -do- 5.00 Multiple entries valid for one day for a particular PPA Helmet 1.00 ------

(b) Four Wheeler 5.00 Single Entry including Taxis -do- 10.00 Multiple entries valid for one day for a particular PPA (c) Mini Bus 10.00 ------(d) Tourist Bus 20.00 ------(e) Service trucks e.g. 20.00 soft drink, building material suppliers etc. (f) Service jeeps 10.00 ------(g) Three Wheelers for 5.00 ------parking only

Rates of Monthly passes for a particular parking

S. Type of Vehicle Total No. Rs. (a) Two Wheeler 50.00 (b) Four Wheeler 150.00 (c) Service Jeeps 200.00 (d) Service Trucks 250.00

25 Rates of City Parking passes for one month

Sr. Type of Vehicle Total Rs. No. (a) Two Wheeler 150.00 (b) Four Wheeler 300.00 (c) Service Trucks (e.g Soft Drink 500.00 supplier) (D) Service Jeeps/Pick Up Van 400.00 (e) Three Wheelers 150.00

RATES APPLICABLE FOR PARKING NEAR FUN REPUBLIC & TOURIST BUSES PARKING MANIMAJRA, NEAR PICADILLY MULTIPLEX I & II SECTOR 34, NEAR ELANTE MALL INDUSTRIAL AREA, PHASE I, CHANDIGARH TILL THE INSTALLATION OF SMART PARKING SOLUTIONS

S. Type of Vehicle Parking Fee Rs. No. (a) Scooter/Motor cycle 5.00 (b) Helmet/Cycle 2.00 (c) Car 10.00 (d) Mini bus/ Commercial van 25.00 (e) Tourist Bus 50.00

RATES APPLICABLE FOR PARKING IN FRONT OF EMPIRE STORE AND DR. SAHIB SINGH, SECTOR 17, CHANDIGARH TILL THE INSTALLATION OF SMART PARKING SOLUTIONS

S. Type of Vehicle Duration of Parking Fee No. Parking (in Rs.) (a) (Two Wheeler) For first 4 hours 2.00

up to 5 hours 4.00 up to 6 hours 6.00

26 up to 7 hours 8.00 up to 8 hours 10.00 up to 9 hours 12.00 up to 10 hours 14.00 up to 11 hours 16.00 up to 12 hours 18.00 up to 13 hours 20.00

S. Type of Vehicle Duration of Parking Fee No. Parking (in Rs.)

27 Annexure F Format for Power of Attorney for Lead Member of JV / Consortium

(On Non – judicial stamp paper of Rs 100/- or such equivalent amount and Document duly attested by notary public) Power of Attorney Whereas “Municipal Corporation Chandigarh (MCC) has invited e-bid/ offer from interested parties for operation and management of 25 paid parkings and one multi- level parking.

Whereas, the members of the Consortium are interested in bidding for the Project and implementing the Project in accordance with the terms and conditions of the tender document, and other connected documents in respect of the Project. And Whereas, it is necessary under the tender Document for the members of the Consortium to designate the Lead Member with all necessary power and authority to do for and on behalf of the Consortium, all acts, deeds and things as may be necessary in connection with the Consortium’s bid for the Project who, acting jointly, would have all necessary power and authority to do all acts, deeds and things on behalf of the Consortium, as may be necessary in connection the Consortium’s bid for the Project. NOW THIS POWER OF ATTORNEY WITNESS THAT; We, M/s. ……………… (Lead Member), and M/s ……………… (the respective names and addresses of the registered office) do hereby designate M/s. ………………………………… being one of the members of the Consortium, as the Lead Member of the Consortium, to do on behalf of the Consortium, all or any of the acts, deeds or things necessary or incidental to the Consortium’s bid for the Project, including submission of Application for Qualification/ Application, participating in conferences, responding to queries, submission of information/ documents and generally to represent the Consortium in all its dealings with MCC or any other Government Agency or any person, in connection with the Project until culmination of the process of bidding and thereafter till the execution of the Contract Agreement is entered into with MCC. We hereby agree to ratify all acts, deeds and things lawfully done by Lead Member, our said attorney pursuant to this Power of Attorney and that all acts deeds and things done by our aforesaid attorney and shall always be deemed to have been done by us/Consortium. Dated this the ……Day of …….2017 ………………………………… (Executants) (To be executed by all the members of the Consortium) Note: The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable law and the charter documents of the executants (s) and when it is so required the same should be under common seal affixed in accordance with the required procedure.

28 Annexure-G

Format for Memorandum of Understanding (MOU) for Joint Bidding

(On Non – judicial stamp paper of Rs 100/- or of appropriate value and Document duly attested by notary public)

This Memorandum of Understanding (MOU) entered into this _____day of ______2017 at ______among______and having its registered office at ______, (hereinafter referred as”______”, which expression unless repugnant to the context or meaning thereof includes its successors and permitted substitutes) of the First Part And M/s______having its registered office at ______, (hereinafter referred as”______”, which expression unless repugnant to the context or meaning thereof includes its successors and permitted substitutes) of the Second Part And

The parties are individually referred to as Party and collectively as Parties.

WHEREAS MCC has invited e-bid/ offer for operation and management of 25 paid parkings and one Multi level Parking under the jurisdiction of MCC.

AND WHEREAS the Parties have had discussions for formation of a Consortium for bidding for the said Project and have reached an understanding on the following points with respect to the Parties’ rights and obligations towards each other and their working relationship.

IT IS HEREBY, AS MUTUAL UNDERSTANDING OF THE PARTIES, AGREED AND DECLARED AS FOLLOWS: 1. That the roles and the responsibilities of each Party at each stage of the Project shall be as follows:

2. That the Parties shall be jointly and severally liable for the execution of the Project arising from the States, Union Territories, as the case may be and in accordance with the terms of the Contract Agreement to be executed on award of the such Projects.

3. That this MoU shall be governed in accordance with the laws of India and courts in Chandigarh shall have exclusive jurisdiction to adjudicate disputes arising from the terms herein. In witness whereof the Parties affirm that the information provided is accurate and true and have caused this MoU to be duly executed on the date and year above mentioned.

1. First Party ______2. Second Party ______3. Third Party

Witness:

1.------2------

29 Annexure ‘H’

From

M/s ______,

______,

The Joint Commissioner-I, Municipal Corporation, Chandigarh.

Subject:- Earnest Money for E-Bid/Offer for Operation and Management of 25 Paid parkings and One Multi Level Parking in Chandigarh. Sir, Please find enclosed herewith Earnest Money Deposit (EMD) of Rs. ______in the shape of Bank Demand Draft issued by (Name of the Bank) ______drawn in favour of the Commissioner, Municipal Corporation, Chandigarh and the scanned copy of which has already been uploaded in the e-bid.

Thanking You,

Yours faithfully,

(Signature) Seal of the firm

30 Annexure ‘I’

AFFIDAVIT

I/We ______proprietor /______of M/s ______having registered address at ______do hereby solemnly declare and affirm as under:-

i) That I/We have not been black-listed by any Government/Semi Government / Board / Corporation / Private organization during the last seven years. ii) That I /We am/are not debarred / suspended by any Government/Semi Government / Board / Corporation / Private organization as on the date of submission of e-tender for the work. iii) That no criminal proceedings is pending against me / our company / firm / agency as on the date of submission of e-tender for the work. iv) That I /We undertake and confirm that eligible similar work(s) has / have not been executed through another contractor. v) That all the documents supplied are correct to the best of my / our knowledge. vi) I accept all the terms & conditions of E-Bid/tender.

DEPONENT

PLACE______

DATED______

Verification:-

I/we do hereby solemnly declare and affirm that the above declarations are true and correct to the best of my/our knowledge and beliefs. No part of it is false and nothing has been concealed therein.

DEPONENT

Place:

Dated:

(Note) To be furnished on non-judicial stamp paper duly attested by the First Class Magistrate/Notary Public.

31 Annexure- J

BID SHEET / B.O.Q.

NAME OF WORK : Operation and Management of 25 no Paid Parkings and one Multi Level Parking in Chandigarh.

EARNEST MONEY : Rs.______

Rs.in words______

TIME PERIOD : Three years extendable to further two years on yearly basis.

DATE OF RECEIPT : ______upto 12.00 Noon.

DATE OF OPENING : ______at 3.00 P.M.

VENUE OF OPENING : O/o EXECUTIVE ENGINEER (Road Division No- BID 1), MUNICIPAL CORPORATION, SECTOR 17, CHANDIGARH.

MUNICIPAL CORPORATION, CHANDIGARH

Name of Firm/Bidder. ______

Name of Work : Operation and Management of 25 Paid Parkings and One Multi Level Parking in Chandigarh.

Chief Account Officer :

Section Officer-III :

32 Bid/Offer for Operation and Management of 25 nos. Paid Parking Areas and One Multi Level Parking in Chandigarh

I/We hereby bid/offer for the work specified in the underwritten memorandum within time specified in such memorandum complete in all respects.

MEMORANDUM a) General Description : Operation and Management of Paid Parking Areas in Chandigarh b) Earnest Money : Rs.______,D.D.No.______,dated

Name of the Bank______c) Time Allowed :Three years extendable to Five years on year to year basis. d) Date of Receipt : ______up to 3.00 P.M. e) Date of Opening : ______at 3.30 P.M. f) Annual Bid Amount ______(to be quoted in words & figures) : ______

Should this bid/offer be accepted, I/we hereby agree to abide by and, fulfill all the provisions of the said conditions of the E-bid/offer or in default thereof to forfeit and pay to Commissioner, Municipal Corporation, Chandigarh or its successors in office the sum of money mentioned in the said conditions. The sum of Rs. ______is hereby forwarded in the shape of Demand Draft No. ______dt. ______drawn in favour of Commissioner, Municipal Corporation, Chandigarh as earnest money. I/we agree that the full value of which is to be absolutely forfeited without prejudice to any other right remedies to the Commissioner, Municipal Corporation, Chandigarh or his successors in office, should I/we (i) withdraw or modify my/our offer during the allowed time

period

33 (ii) fail to sign the E-bid/offer agreement after acceptance of the

offer.

Signature of the firm/bidder

Dated, the _____ day of ______2017

Witness ______

Address ______

______

Occupation ______

The above E-Bid/offer is hereby accepted by me on behalf of the Commissioner, Municipal Corporation, Chandigarh.

Firm Bidder Witness E.E(R-I) M.C.

34 Annexure ‘K’ Check List of Documents to be Uploaded by the E-Bidder (The documents should be uploaded in the same sequence as given below)

1. Scanned copy of EMD.

2. Scanned copy of Affidavit (Annexure-I).

3. Scanned copy of proof of execution of Operation and Management of one Car Parking lot / Toll Plaza worth Rs. 3.20 crore or Operation and management of two Car Parking lots / Toll Plazas worth Rs. 2.00 crore each or Operation and management of three Car Parking lots / Toll Plazas worth Rs. 1.60 crore each annually.

4. Certificate of satisfactory completion of work from each agency which allotted the above work (refer 3 above).

5. Scanned Copy of Bank Solvency Certificate for Rs. 1.60 Crore.

6. Minimum annual average financial turnover of Rs. 1.60 crores since the last three financial years ending 31st March 2016.

7. Scanned copy of PAN.

8. Scanned copy of Service Tax No.

9. EPF, ESI/EDLI certificate.

10. Labour License.

11. Power of Attorney for lead member (Annexure-F)

12. Memorandum of Understanding (Annexure-G)

35 36 Onbehalf

On Behalfof Mis Arya Toll Infra Ltd office at 1i, Sunita Anand MVNIClPAL coRPORATION Place Co. Op. Society, B.R. 51 (CHANDlGARH) (1 Party) Ro:v:\, Vr.i.f.'h.l:4H Nagar, Mulund (W), Mumbai - 400 oio,

(Joint Commissioner-Iw MCC)

Joint commissioner Municipal corporation cnand1gart,