CONSTRUCTION, OPERATION AND MAINTENANCE OF Z-MORH TUNNEL INCLUDING APPROACHES ON NATIONAL HIGHWAY NO.

1 (SRINAGAR SONMARG GUMRI ROAD) IN THE STATE OF J&K ON DESIGN, BUILD, FINANCE, OPERATE AND TRANSFER (DBFOT) ANNUITY BASIS REPLIES TO QUERIES RAISED DURING PRE BID MEETING ON 24 AUGUST 2012

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Clause Ref. Procedure Under ETendering Instruction to Bidders

1.

HEADING PARTICULARS Clause 1.IV Assessing / Purchasing Bid Document

/ CLARIFICATION

Replies

The Bid processing fee shall be needs to be paid by e-payment only.

We understand from this clause that the Please liase rep of ITI Ltd. However ecost of the RFP documents has to be paid payment link will appears after clicking by demand draft (in hard copy) and the on request icon. Tender Processing fee has to be made through e-payment (on-line through Debit/Credit Cards) only. Whereas after logging in to the eprocurement portal we cannot find the link for making the e-payment of Rs. 13,483/towards the Tender Processing. Please provide necessary clarification. We request the Authority to provide Kindly refer the Addendum-1 in this additional time of 30 days beyond the date regard. of receipt of response to queries. The definition of Project Highway includes Project Beacon to maintain existing NH the site taking off from existing chainage km 69 on NH-1 and meeting NH-1 at existing chainage km 81.30 including two lane approach roads, tunnel, egress tunnel, ventilation approach & adit and appurtenant works. The Site is greenfield alignment & there are no lanes presently existing. Please confirm that the existing NH-1 from ch. 69 to ch. 81.3 shall not be obligation of Concessionaire during the construction period.

2. 3.

Clause 1.3 Schedule of Bidding Process (Vol-I: ITB) Article 12 Construction of Project Highway (DCA)

Bid Due Date

Clause 12.2 Maintenance during Construction Period During the Construction period, the Concessionaire shall maintain, at its cost, the existing lanes(s) of the Project Highway so that the traffic worthiness and safety thereof are no time materially inferior as compared to their condition 7 (seven) days prior to the date of this Agreement.

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Clause Ref.

4.
Article 47.3 State Support Agreement (DCA)

5.

Schedule A - General

HEADING / PARTICULARS The Concessionaire acknowledges that it has received from the Authority a certified true copy of the agreement executed between MORTH and the State Government for providing the support and services specified therein (the State Support Agreement), and the Parties hereto agree to make their best endeavours to procure the support of the State Government. Environment Clearances

CLARIFICATION

Replies

In progress will be provided in due course of time

Please provide copy of State Support Agreement

What is the status of Environment Case already processed by Chief Clearances for the Project? Please Clarify Engineer Project Beacon and it is at & provide copy if obtained. advanced stage. What is the status of Wild Life Clearance Case already processed by Chief for the Project? Please Clarify & provide Engineer Project Beacon and it is at copy if obtained. advanced stage. What is the status of Forest / Reserved Case already processed by Chief Forest Clearance for the Project? Please Engineer Project Beacon and it is at Clarify & provide copy if obtained. advanced stage. Please confirm if permission for blasting is obtained and available from MoEF & provide copy if obtained. Please confirm if permission for blasting is obtained and available from Wild Life Authorities & provide copy if obtained Please confirm if permission of Blasting is obtained and available from forest / other authorities & provide copy if obtained Not prominently marked in the Index Map. Please provide maps to easily identify exact locations.

6.

Schedule A - General

Wild Life

7.

Schedule A - General

Reserve Forest

8. 9. 10. 11.

Schedule A - General

Blasting Permission

Assistance will be provided by BRO in getting permission Assistance will be provided by BRO in getting permission Assistance will be provided by BRO in getting permission Exact co-ordinates & chainage are given. Concessionaire is supposed to visit the site

Schedule A - General

Blasting Permission

Schedule A - General

Blasting Permission

Schedule A, Appendix A-I

Start & End points of Tunnel and Road approaches and alignment route.

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Clause Ref.

HEADING PARTICULARS Approach Road

/ CLARIFICATION

Replies

12.
Schedule A, Annex I, Clause 1.1

Road Approaches shall be designed and Road approaches to be designed & constructed as per IRC guide lines IRC: constructed as per relevant IRC SP:73-2007 Two Lane Manual for BOT guidelines. projects; and IRC:SP:48-1998 Hill Road Manual. Please confirm. As per site visit, Coordinates given in DPR and Sign Boards fixed at site the west portal is at km 73.5, east Portal at km 81.0 and Portal at ventilation tunnel & adit at km 77.5. Please provide exact locations and details to enable exact marking at site.

13.

Portals: West Portal at approx. km 74 NH-1 in the area of Rezan/Gagangir approx. 30 km east of Kangan East Portal at approx. km 81 on NH-1, approx. 3 km west of Sonamarg Portal of ventilation tunnel & construction adit at approx. km 76.5 NH-1 Approach roads: Western Portal from near km stone 69.5 on SrinagarSonamarg section of NH 1 Eastern Portal from near km 81.3 on SrinagarSonamarg section of NH 1 Construction adit from near km 76.5. on SrinagarSonamarg section of NH 1 An inventory of the Site including the land, buildings, structures, road works, trees and any other immovable property on or attached to the Site shall be prepared jointly by the Authority Representative and the Concessionaire and such inventory shall form

Please make site visit and also consult OC 122 RCC and Technical Consultant in this regard.

Schedule A, Annex-I Clause 1.2 Description of Project

14.
Schedule A Annex-I Cl 1.2 Description of Project

As per site km 69, km 81.0 and km 77.5 are the locations. Please provide exact locations and details to enable exact marking at site.

Please make site visit and also consult OC 122 RCC and Technical Consultant in this regard.

15.

Please liase with local BRO office.

Please provide the inventory data and site details.

Schedule A Site of Project Highway Clause 1.3

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Clause Ref.

16. 17.

Schedule G Schedule G

18.

Schedule B, Annex I, Clause 1.6

HEADING / CLARIFICATION PARTICULARS part of the memorandum referred to in Clause 10.3.1 of the Agreement. Clause 4A.2 The wordings Milestone-III should be replaced by Milestone IV Clause 4.2 The wordings commenced construction of all Project Facilities and needs to be deleted from Milestone III, as this is part of Milestone IV. Also it is appropriate to be part of Milestone IV. Approach road length is As per Hill Road Manual Cl 6.9.1.3 the 1000m and approximate exceptional gradient is 8%. The length may gradient 10%. vary as per gradient and horizontal alignment for constant design speed and road user safety guidelines. Please confirm. Drainage Type RCC or Stone masonry? Clause 5.6 - Culverts No culverts are visualized in this reach of the Project Highway And As per Drawing No. 8482B_IIZMT_POR-01-12-00 PORT WEST GENERAL LAYOUT PLAN VIEW The drawing shows Culvert Crash barrier Drainage for dewater carriageway can be stone masonry or scrupper as provided generally for Hill roads or RCC only. Please confirm Please confirm if this drawing part of CA? Please confirm if there is culvert. If yes, please provide the list and details.

Replies

Kindly refer the Addendum-1 in this regard.

No. Change.

19. 20.

Schedule B, Annex I, Clause 1.12 Schedule B, Annex I, Clause 5.8 and Drawing No. 8482B_IIZMT_POR-01-12-00

The approach road is only for haulage of construction and maintenance related machinery and is not to be used for more traffic. As per detailed designs by concessionaire. Culvert is not an element in the approach road even if shown in the drawing. The western approach has tow 30 m span bridges. Details is mentioned separately.

21.

Appendix D Technical specification

Please provide details of Metal Beam Crash barrier.

As per the detailed design of concessionaire

22.

DCA, Clause 4.2

Damages for delay by the Damage for delay in fulfillment of As per provisions of DCA. Authority Condition Precedent by Authority i.e. 0.1%

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Clause Ref.

23.

DCA, Clause 5.1.4

24.

DCA, Clause 10.3.2

HEADING / PARTICULARS In the event that (i) the Authority does not procure fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.2 within the period specified in respect thereof, and (ii) the delay has not occurred as a result of breach of this Agreement by the Concessionaire or due to Force Majeure, the Authority shall pay to the Concessionaire Damages in an amount calculated at the rate of 0.1% (zero point one per cent) of the Performance Security for each day's delay until the fulfilment of such Conditions Precedent, subject to a maximum of 20% (twenty percent) of the Performance Security. Obligations of the Concessionaire The Concessionaire shall, at its own cost and expense, in addition to and not in derogation of its obligations set out in this Agreement: (e) make reasonable efforts to facilitate the acquisition of land required for the purposes of the Agreement; Procurement of the Site Without prejudice to the

CLARIFICATION of performance security for each day of delay is not sufficient considering that any delay in commencement of Construction activities have direct bearing on IDC as well as escalation of material which may be huge in comparison to the damage payable by Authority.

Replies

Request Authority to provide current land Case already processed by Chief acquisition status for the Project Highway. Engineer Project Beacon and it is at advanced stage.

Request Authority to provide current land Case already processed by Chief acquisition status for the Project Highway. Engineer Project Beacon and it is at

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Clause Ref.

25.

DCA, Clause 10.3.4

HEADING / PARTICULARS provisions of Clause 10.3.1, the Parties hereto agree that on or prior to the Appointed Date, the Authority shall have granted vacant access and Right of Way such that the Appendix shall not include more than 20% (twenty per cent) of the total area of the Site required and necessary for the Four-Lane Project Highway, and in the event Financial Close is delayed solely on account of delay in grant of such vacant access and Right of Way, the Authority shall be liable to payment of Damages under and in accordance with the provisions of Clause 4.2 "The Authority shall make best efforts to procure and grant, no later than 90 (ninety) days from the Appointed Date, the Right of Way to the Concessionaire in respect of all land included in the Appendix, and in the event of delay for any reason other than Force Majeure or breach of this Agreement by the Concessionaire, it shall pay to the Concessionaire Damages in a sum calculated at the rate of Rs.

CLARIFICATION

Replies

And, also request the Authority to provide advanced stage. balance land delivery schedule for the Project as it is required to be submitted to the Lender's for the purpose of Financial Close. Authority should also provide a schedule for handing over of balance length, and it cannot be kept open ended as the same shall have impact on IDC as well as construction cost after schedule completion works.

Damages for force majeure events should As per provisions of DCA. also be compensated separately. Compensations mentioned is not sufficient enough to meet the losses concessionaire will have to bear, due to increase in IDC and escalation of material we request you to compensate the same by extension of concession period, apart from the compensation as mentioned in the Concession Agreement.

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Clause Ref.

26.

27.

HEADING / PARTICULARS 50 (Rupees fifty) per day for every 1,000 (one thousand) square metres or part thereof, commencing from the 91st (ninety first) day of the Appointed Date and until such Right of Way is procured." DCA, Clause 11.1 "Notwithstanding anything Existing utilities and to the contrary . roads Authority shall, upon written request from the Concessionaire, initiate and undertake at the Concessionaires cost, legal proceedings for acquisition of any right of way necessary for such diversion." DCA, Clause 11.3.1 The concessionaire shall New utilities and roads allow ----------------------------------------Where such access or use causes any financial loss to the Concessionaire, it may require the user of the Site to pay compensation or damages as per Applicable Laws. For the avoidance of doubt, it is agreed that use of the Site under this Clause shall not in any manner relieve the Concessionaire of its obligation to maintain the Project Highway in accordance with this Agreement and any damage caused by such

CLARIFICATION

Replies

Concessionaire shall assist the agency for As per provisions of DCA. construction of such diversion by deploying their resources. However, since such diversion shall be needed for the shifting of utilities, which is the responsibility of Authority only and as such the cost of diversion/land acquisition including legal proceedings should be borne by Authority.

Clause is ambiguous and should be As per provisions of DCA. deleted. The responsibility should be of Authority only, as User are not at all concerned with the Progress of the Project and are not covered with any Agreement to pay any compensation /damages to Concessionaire for any delay in shifting of utilities. Otherwise please inform the logistics and methodology for compensation payment by User to Concessionaire as there is no mention in the agreement in this regards.

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Clause Ref.

HEADING PARTICULARS use shall be forthwith.

/ CLARIFICATION restored

Replies

28.

DCA, Clause 11.4 The Authority shall assist the Concessionaire in obtaining the Applicable Permits for felling of trees to be identified by the Authority_______________ __on the construction, operation or maintenance of the Project Highway. The cost of such felling shall be borne by the Authority, and in the event of any ___________ felling of trees. For the avoidance of doubt, the Parties hereto agree that the felled trees shall be deemed to be owned by the Authority and shall be disposed in such manner and subject to such conditions as the Authority may in its sole discretion deem appropriate. No review and/or observation of the Independent Engineer and /or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer or

Authority is in better position to obtain the As per provisions of DCA. necessary approval being a Govt. Organization. However Concessionaire can assist the Authority in all possible manners for the same. We presume that the cost of felling of trees shall include disposal of the same and handing over of the trees to forest department/ Authority and cost of the same shall be borne by Authority. Please Clarify

29.

DCA, Clause 12.3 (e)

In case of any modification suggested by As per provisions of DCA. Independent Engineer on the design and drawing submitted by Concessionaire resulting into design related defects/ damage the liability and obligation of the concessionaire should be relaxed, and if any defects observed due to the above suggestion; the concessionaire shall not be made solely responsible.

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Clause Ref.

30.

31.

HEADING / PARTICULARS the Authority be liable for the same in any manner; DCA, Clause 35.3 "Subject to the provisions of Extension of clause 35.6, in the event Concession Period that a material default or breach of this agreement set forth in Clause 35.2 causes delay in achieving COD or leads to suspension of or reduction in collection of Fee, as the case may be, the Authority shall, in addition to payment of compensation." DCA, Clause 37.3.1 Upon Termination on account of a Concessionaire Default during the Operation Period, the Authority shall pay to the Concessionaire, by way of Termination Payment, an amount equal to 90% of the debt due less Insurance Cover; provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in the computation of Debt Due. For the avoidance of doubt, the Concessionaire hereby acknowledges that no Termination Payment shall be due or payable on account of a

CLARIFICATION

Replies

Since COD is not fixed date, it is not As per provisions of DCA. possible to assess the period of delay in achieving COD. Therefore, the extension should be granted for a duration which is proportionate to the period of stoppage of work and affected length.

Request Authority to include Termination As per provisions of DCA. payment on account of Concessionaire Event of Default during the Construction Period as part or substantial part of the Project Assets shall be created based on the funding provided by the Lenders.

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Clause Ref.

32. 33.

34.

HEADING / CLARIFICATION PARTICULARS Concessionaire Default occurring prior to COD. Excise exemption for Please clarify whether the excise the Imported Machinery exemption shall be granted to the concessionaire or not. Time Extension Considering very short time available for costing and estimation it is not permissible to conduct any Site investigation, Hence please extend the dates suitably to conduct minimum required investigations for the bidding purpose. Status of Land Request Authority to provide the current Acquisition status of Land acquisition and Utility Shifting.

Replies

As per GOI guidelines. Kindly refer the Addendum-1 in this regard.

35.

Schedule B, Appendix I, Clause 5.1 Appraoches to both the Portals Schedule B, Appendix I, Clause 5.3 Schedule B, Appendix I, Clause 5

Plan and Profile

36.

Proposed Right of Way for Approaches Other features of Project Highway

37.

38.

Schedule I, Clause 2.3 Tests

Riding Quality: Riding quality of each lane of the carriageway shall be checked with the help of a

Case already processed by Chief Engineer Project Beacon and it is at advanced stage. Request Authority to provide the Plan & Please refer revised documents wherein Profile details and TCS drawings for the these details hve been uploaded on Approach Road length on both sides of the website. Portals as the same has not been provided by the Authority. Request Authority to provide proposed Please liase with local BRO authorities. Right of Way for Approach Roads on both sides of the Portals. Request Authority to provide GAD's for all Adequate details have been uploaded on existing and proposed Structures such as website. However detailed design to be Grade Seperated Intersections, Major done by concessionaire. Bridges and Minor Bridges for the Project Highway. Maximum permissible roughness limits in As per DPR Schedule I (Clause 2.3, having maximum roughness value of 1,800 mm); and IRC SP:84 2009 (Clause 5.4.3 (ii) (b), having

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Clause Ref.

HEADING PARTICULARS

/ CLARIFICATION

Replies

39. 40.

Encroachment Details Project Clearance

calibrated bump integrator roughness value not exceeding 2,000 mm) and the maximum does not match, please confirm the permissible roughness for permissible limits to be followed. purpose of this Test shall be 1800 mm for each kilometre. Kindly provide the encroachment details for project road. (a) Kindly clarify whether any part of the Project Highway or any Project Facilities comes under the Forest Department/ Wildlife Centaury/Reserved Forest/Protected Forest and status of the clearance for the same, if any.

Please liase with local BRO authorities. Case already processed by Chief Engineer Project Beacon and it is at advanced stage.

41.

VolumeI (ITB); Appendix-II

Bank Guarantee for Bid Security

(b)Kindly clarify the status of Environmental Clearances from MOEF for the Project Highway. With reference to your RFP-Bid As per RFP. Document-VolumeI, Appendix-II for Bank Guarantee for Bid Security, we wish to bring to your kind notice that as per the RBI guidelines issued to banks for issuance of Bank Guarantee, it is mandatory to add following note at the end of the Bank Guarantee. Further in all the other recent NHAI projects this note has been included in the Bank Guarantee format by issuing a separate addendum. In view of above we request you to

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Clause Ref.

HEADING PARTICULARS

/ CLARIFICATION

Replies

42.

Volume-II (DCA); 4.2 and 4.3

43.

Volume-II (DCA); 10.3.1 Volume-II (DCA); 24.1.1

44.

issue addendum to this effect as under. The following para needs to be added at the end of serial no. 13 of the Appendix -II of RFP: Notwithstanding anything contained hereinabove, i. Our liability under the Bank Guarantee shall not exceed Rs.------------- Crores (in words), ii. The Bank Guarantee shall be valid upto (date), iii. We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only and only if you serve upon us a written claim or demand on or before ------------------. As per clause 4.2 & 4.3 of The damages should be same from As per provisions of DCA. damages for delay in any both the parties. Please Confirm. condition precedent due to Authority default is 0.1% of Performance security but due to concessionaire is 0.2% of performance security. Procurement of the Site What is the current status of Land Case already processed by Chief Acquisition of the Project Highway? Engineer Project Beacon and it is at advanced stage. The Concessionaire We understand that, total time Referred clause is self explanatory. hereby agrees and available for the Concessionaire to undertakes that it shall achieve Financial Close is 180 days achieve Financial Close + 120 days subject to payment of within 180 (one hundred damages @ 0.1% of the Performance and eighty) days from the Security + 200 days subject to date of this Agreement payment of damages @ 0.2% of the

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Clause Ref.

HEADING PARTICULARS

/ CLARIFICATION

Replies

45.

Volume-II (DCA); 24.1.1

and in the event of delay, it shall be entitled to a further period not exceeding 120 (one hundred and twenty) days, subject to payment of Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the Performance Security for each day of delay; or for a further period not exceeding 200 (two hundred) days, subject to payment of Damages specified in Clause 4.3; For the avoidance of doubt, the Damages payable hereunder by the Concessionaire shall be in addition to the Damages, if any, due and payable under the provisions of Clause 4.3.

Performance Security. Please confirm.

46.

Volume-II (DCA); 48.1

Financial Close means the fulfillment of all conditions precedent to the initial availability of funds under the Financing Agreements;

As per MCA for six laning, the As per provisions of DCA. damages payable hereunder are not in addition to damages due and payable under provisions of Clause 4.3 of Draft Concession Agreement (DCA). Further the Financial Close being part of the Conditions Precedent it is not logical and advisable to claim damages at two different places for same activity. Request you to remove these lines from the DCA. Request you to link the fulfillment of all As per provisions of DCA. the conditions precedent under the clause 4.1.3 (b), (c), (e) and (f) of Draft Concession Agreement for the achievement of the Financial Close in lieu of the initial availability of funds

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Clause Ref.

HEADING PARTICULARS

/ CLARIFICATION

Replies

47.

Volume-II (DCA); 48.1

Total Project Cost means the lowest of

48.

General

Clearances required from the MOEF

49.

Volume-II (DCA); Article 27

27.1.2 In case, the Concessionaire achieves COD pursuant to provisions of the Clause 14.3.2 of this Agreement, then it would be entitled for 90% of the Annuity payment till the Completion Certificate is 1. The First Annuity Payment Date shall issued as per the be six months after STLD. provisions of the Clause 2. The First Annuity Payment shall be; 14.2 of this Agreement. =90%*Average Daily Annuity*3 months period in days + 27.2.1 For avoidance of 100%*Average Daily Annuity*3 doubt the number of such months period in days + the Annuities shall not exceed Annuity 30 over the Concession Please confirm our above

under the Financing Agreements and modify the definition as; Financial Close means the fulfillment of conditions precedent under the clause 4.1.3 (b), (c), (e) and (f) of the concession agreement by the Concessionaire; For calculating the termination payment the Total Project Cost should be the actual capital cost of the project upon completion and not the lowest of the three costs mentioned in the definition of total project cost. Please Clarify What is the status of the clearances required from the Ministry of Environment and Forest for this project? Under the Article 27, we understand that, in case the COD is achieved (Provisional Certificate) six months prior to the Scheduled Two Laning Date (STLD) and the Completion Certificate is issued three months prior to the STLD, the following will be applicable:

As per provisions of DCA.

Case already processed by Chief Engineer Project Beacon and it is at advanced stage. 1. The provisions of DCA are self explanatory.

2. The provisions of DCA are self explanatory.

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Clause Ref.

50.

Volume-II (DCA); Article 27 and 28

HEADING / CLARIFICATION PARTICULARS Period and will commence understanding. from COD. 3. We understand that the bonus under 27.2.2 The first Annuity the Article 28 is payable in addition to Payment Date shall be the the First Annuity Payment as calculated date : above. Please confirm. (a) Six months after COD, in case COD is achieved on Scheduled Two Lane Date (b) Six months after Scheduled Two Lane Date, In case COD is achieved before Scheduled Two Lane Date. (c) of the next Annuity Payment as per Schedule M, in case COD is achieved after Scheduled Two Lane Date. For avoidance of doubt it is agreed that the first Annuity Payment shall be the product of Average daily Annuity and the number of days between the COD and the first Annuity Payment date. 27.2.1 and 27.2.2 In case the Scheduled Two Lane Date is extended due to any reasons not attributed to the Concessionaire, please confirm that, under clause 27.2.2, the first Annuity Payment Date shall be computed considering such extended Scheduled Two Lane Date.

Replies

3. Clause 28.1.1 of the Concession Agreement is explanatory in this regard.

Draft self

Relevant portion of Clause 28.1.1 of the Draft Concession Agreement is represented below for your kind reference:
In case the Concessionaire achieves COD prior to the Scheduled Two Laning Date then it shall be entitled to receive from the Authority a bonus for early completion of the Project (the Bonus). Such Bonus shall be paid alongwith the first Annuity payment on the first Annuity Payment Date.

The provisions explanatory.

of

DCA

are

self

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Clause Ref.

HEADING PARTICULARS

/ CLARIFICATION

Replies

51.

Volume-II (DCA); Article 28

28.1.1 In case the Concessionaire achieves COD prior to the Scheduled Two Laning Date then it shall be entitled to receive from the Authority a bonus for early completion of the Project (the Bonus). Such Bonus shall be paid along with the first Annuity payment on the first Annuity Payment Date. For avoidance of doubt, it is agreed that the COD achieved on issue of Provisional Certificate would not qualify for payment of Bonus. Bonus would be payable only when Completion certificate is issued before the Scheduled Two Lane Date in terms of Clause 14.2 of the Agreement. 28.1.2 The Bonus for such early completion shall be

Further also confirm that Concession Period shall be extended due to extension of Scheduled Two Lane Date and total number of Annuities shall remain 30 in case COD is achieved on/before extended Scheduled Two Lane Date. In case the COD is achieved (Provisional Certificate) three (3) months prior to the Scheduled Two Laning Date (STLD) and the Completion Certificate is issued one (1) month before the STLD; 1) the Concessionaire will be entitled for the bonus for early completion for period of three (3) months and not for one (1) month, subject to clause 28.1.3, 28.1.4 and 28.1.4. Please confirm our understanding. 2) the Bonus payable shall be 100%*Average Daily Annuity*3 months period in days (subject to clause 28.1.3, 28.1.4 and 28.1.4). Please confirm our understanding.

Kindly refer the Addendum-1 in this regard.

Clause 28.1.1 of the Draft Concession Agreement is self explanatory in this regard. Relevant portion of Clause 28.1.1 of the Draft Concession Agreement is represented below for your kind reference: For avoidance of doubt, it is agreed that the COD achieved on issue of Provisional Certificate would not qualify for payment of Bonus. Bonus would be payable only when Completion certificate is issued before the Scheduled Two Lane Date in terms of Clause 14.2 of the Agreement.

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Clause Ref.

HEADING / CLARIFICATION PARTICULARS the product of Average Daily Annuity and the number of days by which the COD preceded the Scheduled Two Laning Date or six months, whichever is lesser.

Replies

52.

Volume-II (DCA); Article 28

53.

VolumeI (ITB); clause 1.3

28.2.4 The number of days of delays caused due to the reasons provided in the Clause 28.1.3 shall only be excluded for computation of Reduction only in case such delays occurred after the successful completion of first Project Milestone, as certified by the Independent Engineer, in accordance with the Project Completion Schedule at Schedule-G. Bid Due Date

The exclusion of delay for computation Kindly refer the Addendum-1 in this of Reduction shall not be linked to the regard. successful completion of first Project Milestone and complete delay happened due to the reasons provided in the Clause 28.1.3 since the Appointed Date shall be considered.

54.

VolumeI (ITB); clause 1.3

Pre-bid meeting

In view of the complexity of the project more time is required for finalization of the bid parameters and conducting different studies. Hence, we request you to extend the Bid Due date by at least two (2) months from the current bid due date. We are in the process of studying the RFP document and conducting detailed technical and financial analysis and may come up with additional important queries. In view of

Kindly refer the Addendum-1 in this regard.

Under consideration and pre-bid meeting will be arrange if felt necessary by competent authority

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Clause Ref.

HEADING PARTICULARS

/ CLARIFICATION

Replies

55.

Clause 10.3.2 Procurement of the Site

Without prejudice to the provisions of Clause 10.3.1, the Parties hereto agree that on or prior to the Appointed Date, the Authority shall have granted vacant access and Right of Way such that the Appendix shall not include more than 20% (twenty per cent) of the total area of the Site required and necessary for the Four-Lane Project Highway, and in the event Financial Close is delayed solely on account of delay in grant of such vacant access and Right of Way, the Authority shall be liable to payment of Damages under and in accordance with the provisions of Clause 4.2

this we request the Authority to arrange for another pre-bid meeting within two to three weeks time to address such queries. Request Authority to provide current land Case already processed by Chief acquisition status for the Project Highway. Engineer Project Beacon and it is at advanced stage. And, also request the Authority to provide balance land delivery schedule for the Project as it is required to be submitted to the Lender's for the purpose of Financial Close. Authority should also provide a schedule for handing over of balance length, and it cannot be kept open ended as the same shall have impact on IDC as well as construction cost after schedule completion works.

56.

Schedule of Bidding Process (Vol-I: ITB)

Given the complex nature of the Kindly refer the Addendum-1 in this project, many inputs are required from regard the various specialized agencies/

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Clause Ref.

HEADING PARTICULARS

/ CLARIFICATION

Replies

57.

Consultants Authority

of

the

vendors, which needs to be assessed& studies to submit a competitive bid. We thereby request you to extend the current bid submission date by atleast two months. Kindly confirm the Legal, Technical Technical Consultant = 3G-Vyamtech and Financial Consultant of the Consortium Authority? Financial Consultant = P A R Y & Co., Chartered Accountants Given the nature of the project, the As per provisions of DCA. Concessionaire shall be entitled to 100% of the Annuity payment on issuance of Provisional Completion Certificate

58.

Article 27.1.2 of DCA

59.

In case the Concessionaire achieves the COD pursuant to provisions of the Clause 14.3.2. would be entitled for 90% of the Annuity payment till the Completion Certificate is issued as per the provisions of the Clause 14.2 of this agreement, Article 27.4.2 Valid/ Absence of security for Discharge/mode of annuity payment payment

60.

Article 28.1.2 Bonus The Bonus for such early on account of early completion shall be completion product of Average Daily Annuity and the number of days by which the COD preceded the

It is imperative that the Authority As per provisions of DCA. provides a security by way of revolving irrevocable letter of credit equal to one Semiannual Annuity amount from any scheduled bank so as to provide security to the lenders and reducing the cost of capital. The Bonus for early completion should As per provisions of DCA. be calculated on the basis of actual completion of the project and shall not be capped to a maximum of 6 months.

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Clause Ref.

HEADING PARTICULARS

/ CLARIFICATION

Replies

61.

General

62. 63.

Scheduled Two Laning Date or Six months whichever is earlier. Land acquisition, Environmental & Forest clearance Electricity Various clearance required for the Projects Tender documents Avalanche

Case already processed by Chief Engineer Project Beacon and it is at advanced stage.
Bidders arrangement

Case already processed by Chief Engineer Project Beacon and it is at advanced stage.
In e-tendering Hard copy will not be provided by deptt. Please refer drawings provided with tender document. In case any difficulty please consult Technical Consultant

64. 65.

= 3G-Vayamtech Consortium 66. Aggregate Quarries

Please make site visit and consult OC 122 RCC for Quarries details. However it is responsibility of bidders to search quarries by his own arrangement.

67.

Plan & Profile

68.

Vol XI Drawings

69.

Schedule B

Please refer the RFP documents for Now uploaded on website. the project, it states approximate 6.5 Km tunnel and 6 Km approaches with estimated project cost as Rs.2773.83 Cr. Please provide the Plan and profile for the approaches. Preliminary Tunnel We request you to provide the Not agreed to. Design drawings are drawings in Auto-CAD Format for available in Pdf format planning purpose Major Bridge Major bridge: one major bridge of Confirmed approximate 110 m will be required in this reach of the Project Highway, on the Eastern Portal approach. Kindly

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70.

Minor Bridge

71.

Grade Separator

72.

73.

Vol-I: ITB

confirm the same. Minor bridge: twomajor bridge of approximate 30 m will be required in this reach of the Project Highway, on the Western Portal approach. Kindly confirm the same. Grade Separated intersections : Grade separators to be constructed at the junctions to enable unhindered flow of traffic in this Project Highway. Kindly confirm the same. We consider that this project is exempted from Service Tax and Excise Duty. Please confirm. There is no mention in the ITB that the Bid should be submitted through etender web site.

Confirmed

Confirmed

As per GOI guidelines.

It is mentioned that RFP stands modified to the extent required as per these instructions, in the Procedure under e-tendering instruction to But we understand from the bidders of the project uploaded on the Procedure under e-tendering web site of BRO which is self instruction to bidders document that explanatory in this regard. the bid need to be submitted through e-tender web site and also in the hard form. Kindly clarify as to which instructions needs to be followed for the tender submission. Also please include clear instructions to the same effect in the ITB. Kindly clarify and issue an addendum. The Authority would ratify the Clause 5.2.2 of the Concession agreements post execution if they are Agreement is self explanatory. in consonance with the provisions of

74.

Article 5.2.2

5,

Clause

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75.

Article 10.3.4

10,

Clause

the CA in case the drafts were In case drafts of the Agreement were inadvertently not submitted prior to not submitted prior to execution, then it execution. would be the non-compliance of the Article 5.2.2 of the Concession Kindly confirm Agreement. The amount of damages prescribed in As per provisions of DCA. case of delay is very less when compared to the adverse impact that will be suffered by the Concessionaire because of any such delay. Kindly increase the amount to a reasonable figure. Please inform us the Status of Land Case already processed by Chief Acquisition for the Project. Engineer Project Beacon and it is at advanced stage. Please inform us whether the Project (i) Please liaise with local BRO authorities. stretch passes through any protected forest, reserved forest, and wild life (ii) The environmental impact assessment corridor or bird sanctuary. report shall be made available Please inform us the status of Case already processed by Chief Environmental clearance/ Ministry of Engineer Project Beacon and it is at forest advanced stage. Please inform us the status of the State -doSupport Agreement. Technical Consultant = 3G-Vyamtech Please specify the name of Legal, Consortium Technical &Financial consultants. Financial Consultant = P A R Y & Co., Chartered Accountants Please liaise with local BRO authorities Case already processed by Chief

76.

77.

78.

79. 80.

81. 82. `

Please specify the status of Utility shifting. Please specify the status of clearance of

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tree cutting. 83. DPR

84.

85.

General

Volume 7 of the DPR i.e Cost Estimation is not available in the RFP documents provided by BRO. Kindly provide the same. Kindly specify the details of land Please liaise with local BRO authorities availability during construction for the facilities such as project office, staff camp etc., for the contractor. There is a Sonamarg Bypass road which As per detailed design. runs across the alignment of the main highway on the eastern portal side. The elevation is RL 2635 m. However the current eastern portal elevation is 2637.64m. Therefore a flyover has to be constructed to cross the bypass road. However based on the eastern portal current elevation, the clearance above the road will be about 4.5m. Therefore we propose that the elevation of the eastern portal has to be raised by 3m to meet minimum vertical clearance requirement above the bypass road and the flyover. Thus the gradient of the road tunnel would increase slightly from 2.11% to 2.16% which is still within IRG criteria. Reference:T-ZMORH-TUN-AlN-1021 _[1] &Sonamarg Bypass pdf drawings.

Engineer Project Beacon and it is at advanced stage. Concessionaires are required to carry out their own costing. Volume 7 is not to be provided.

86.

Topo survey is provided only for the tunnel alignment not for the approach

The concessionaire to carry out survey for

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87.

Sch A- Clause 1.4

88. Sch A- Clause 1.7

89.

Sch A- Clause 1.7

90.

Sch B-Clause 1.1.1 & Clause 1.1.2

91.

Sch B Clause 1.1.2

roads. This information is needed to plan approach road. the alignment. Additional land required for, Traffic Aid As per RFP Posts, Medical Aid Posts and vehicle rescue posts or for construction of works specified in Change of Scope Order shall be acquired in accordance with the provisions of this Agreement. Upon acquisition, such land shall form part of the Site and vest in the Authority This reference is not applicable to the current project The existing available ROW for the Please liaise with local BRO authorities project road was enquired from local BRO authorities (CE (P) Beacon) and was informed to be 10.0m to 15.0m. The statement is vague Kindly provide the topographic details, The concessionaire to carry out own layout and borehole details for approach survey roads to the tunnel. Approach road to portal Please refer to revised The lengths are specified as approximate. schedules/Addendum This is an element of scope of project and need to be exactly quantified. Changes shall be treated as Change in Scope as per the Concession Agreement Additionally, all tunnel traffic flowing in Please refer to revised both the directions should have suitable schedules/Addendum access to the Sonamarg bypass Road.

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92.

SchB-Annex I Clause 5.4

This access need to be made more specific. At the current location of Eastern portal where the tunnel comes out straight to the bridge which is connected to Sonmarg main road, providing access to existing bypass road is not practical "Grade separators to be constructed at the junctions to enable unhindered flow of traffic as required in this Project Highway." This may not be applicable for the project "One major bridge of approx 110 m will be required in this reach of the Project Highway, on the Eastern Portal approach", And "Two Minor Bridges ofapprox 30 m each are required in this reach of the Project Highway, on the Western portal approach" The length is specified as approximate which brings in subjectivity. This is an element of scope of project and need to be exactly quantified. Changes shall be treated asChange in Scope as per the Concession Agreement. Kindly provide the location of two minor bridges (approx. 30m) 1 Kindly provide the alignment and contour map for approach roads on west portal

Please refer to revised schedules/Addendum

93.

Sch B Clause 5.6 &5.7

Please refer to revised schedules/Addendum

94. 95.

SchB-Clause 5.7 DWG No. 8428B_1 ZMT_GEN-02-12-00

Please refer to revised schedules/Addendum The concessionaire to make his own arrangements.

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96.

Vol X-Tech Specs FOE Clause 4.1.1-Pg no. 11 of 68

97.

Voi X- Fixed Operating Equipment-Fire Services

"There shall be two separate power Please liase with the local BRO authorities. supplies (east portal and west portal) provided." Kindly specify whether the incoming 33kV supply by ESC is through aerial above ground conductors by transmission line or through buried underground cables. This is required to consider the outdoor 33kV two pole structure and outdoor metering kiosk in case of aerial 33kV transmission lines. It is assumed that ESC will make necessary provisions to terminate the 33kV supply at the Metering Kiosk. In case of Underground 33kV UE buried cables it is assumed that ESC will lay the cable till substation and terminate at 33kV switchgear. Portal Building Hydraulic Services: As per concessionaire detailed design Please confirm if the RFP shall include providing hot and cold water, sanitary drainage, roof drainage, and Gas piping for porta! building amenities and kitchen as we!! as trade waste for maintenance areas, and water supply tank and septic tank. If,yes,please ensure specific provisions in the scope, The western (eastern) portal shall be connected to the National Highway NH-1 with an approach road. Please confirm whether any Traffic Control equipment's are tobe installed the

98.

Clause421 Pgno11 & Clause 4.2.2 Pg no 11

As per concessionaire detailed design

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99.

24.1.1 of DCA

100.

27.2.2(b) of DCA

101.

27.2.1 of DCA 27.2.2 of DCA

It shall be entitled to a further period not exceeding 120(one hundred twenty) days, subject to payment of damages to the authority in a sum calculated at the rate of0.1% (zero point one percent) of the performance security for each day of delay; not for a further period not exceeding 200 (two hundred) days, subject to payment of damages specified in clause 4.3; Six Months After Scheduled Two Lane date, In case COD is achieved before scheduled two lane date. For avoidance of doubt the number of such Annuities shall not exceed 30 over the Concession Period and will commence from COD.

approach roads. In order to minimize the Concessionaires As per provisions of DCA. requested Annuity from the authority and being congruent with clause 27.2.2(a), please consider revising Clause (b) to read six months after COD, In case COD is achieved before Scheduled Two Lane Date

102.

28.1.2 of DCA

The bonus for such early completion shall be the product of average early annuity and the no. of days by which the COD preceded the scheduled two laning

In a case where the concessionaire Kindly refer the Addendum-1 in this achieves COD 12 months prior to the regard. scheduled two lane date and the completion certificate issued per clause 14.2, clause 28.1.2 will eliminate the 6 months of the twelve months value of bonus payment achieved by the concessionaire. Is it the intent of the authority to cap the early COD incentive to 6 months? Please elaborate In the case of delayed financial close post As per provisions of DCA. 180 days date of the Agreement, clause 4.3 identifies damages of 0.2% / day upto 20% of performance security and clause 24.1.1 also identifies damages of 0.1% / day for the same event. Multiple Penalties being

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103. 104.

4.3 of DCA 1.2.6 of Vol-I: ITB

date or six months, whichever is lesser. Damages for delay by the Concessionaire Bids are invited for the Project on the basis of the lowest semi-annual annuity (the Annuity) required by a bidder for implementing the project.

105.

Schedule G

levied for the same event. Multiple penalties being levied for the same event is over burdened to the concessionaire. Please consider revision. Per the definition of Annuity referenced Clause 1.2.6 is self explanatory. in this clause, please clarify the assumed definition of semi-annual annuity. Is it the intent of the authority to identify the Highest bidder as requesting the lowest aggregate nominal Annuity as submitted and identified in schedule M? Milestone & Liquidated damages as No Change, as per provisions of per Schedule G is not available. Client Schedule G. has to review.

106. 107.

108.

5.8

Client has requested to specify the tunnel cross section without invert to minimize the tunnel life cycle. Bid submission date to be extended by Refer to Addendum-1 minimum 8 weeks. DPR is for information only, no further Request for additional information details are provided Concessionaires are required to carry out their own costing. Volume 7 is not to be provided. Facilities for Physically Requested to provide the guide lines issued by As per provision of DCA.
challenged persons: and elderly Ministry of Social Justice and Empowerment applicable to this project to asses the clear scope of the work.

The Concessionaire shall, in conformity with the guidelines issued time to time by Ministry of Social Justice and Empowerment, or a substitute thereof, procure a barrier free

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109.

8.1.1

environment for the physically or visually challenged and for. elderly persons using the Project Highway. The Concessionaire acknowledges that prior to the execution of this Agreement, the Concessionaire has, after a complete and careful examination, made an independent evaluation of the Request for Qualification, Request for Proposals, Scope of the Project, Specifications and Standards, Site, existing structures, local conditions, physical qualities of ground, subsoil and geology, traffic volumes and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. The Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Concessionaire confirms that it shall have no claim whatsoever against the

The Scope of the project is given Schedule B, schedule C which needs to be executed and Specifications and standards are given to Schedule D. As the Schedule B & D Shall be accurate. Therefore we request the Authority to exclude the Scope of the project; Specifications and Standards shall be excluded from disclaimer clause 8 of DCA.

As per provision of DCA.

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110.

11.3.2

111.

12.2

Authority in this regard. The Authority may, by notice require the Concessionaire to connect any adjoining road to the Project Highway, upon receipt of a notice hereunder, and the connecting portion thereof falling within the Site shall be constructed by the Concessionaire at Authoritys cost in accordance with Article 16. The maintenance of such connecting portion shall be undertaken by the Concessionaire in accordance with the provisions of Clause 17.1.3. Maintenance during construction period :- During the Construction Period, the Concessionaire shall maintain, at its cost, the existing lanes of part of all the roads crossing the Project Highway and falling with in the Right of Way of the Project Highway so that the traffic worthiness and safety thereof are at no time materially inferior as compared to their condition 7 (seven) days prior to the date of this Agreement, and shall undertake the necessary repair and maintenance works for this purpose.

We presume that cost maintenance of such connecting road reimbursed by the BRO in accordance with Article 16. Please confirm.

Clauses of the DCA explanatory in this regard.

are

self

Please provide us criteria and method to access the existing road condition 7 days prior date of this agreement.

The concessionaire to make site visit for confirmation