REPLY TO PRE BID QUERIES. Sr. No Ref. In RFP Doc. Original Text Query Reply 1 RFP- Bid Document Bank Guarantee for Bid

Transcription

1 Four Laning of Jabalpur - Lakhanadone section of NH-7 at km and ends at km beyond Lakhanadone built-up in the State of Madhya Pradesh under NHDP Phase IV on Design, Build, Finance, Operate and Transfer (DBFOT) Basis. Queries related to RFP Volume I REPLY TO PRE BID QUERIES 1 RFP- Bid Document Bank Guarantee for Bid Vol I, Appendix II Security With reference to your RFP-Bid Document Vol. I, Appendix-II for Bank Guarantee for Bid Security, we wish to bring to your kind notice that as per 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 issue addendum to this effect as under. The following paragraph needs to be added at the end of serial no. 13 of the Appendix-II of RFP: Notwithstanding Clauses as per RBI guidelines may be adopted. Notwithstanding anything contained hereinabove, i. Our liability under the Bank Guarantee shall not exceed Rs. Crores (in words), Page 1 of 38

2 ii. The Bank Guarantee shall be valid up to (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. 2 Volume I, RFP Starting and Ending Chainages (existing chainages) were mentioned differently in different parts of the document. Mentioned as and in Volume I of RFP. And Mentioned as and in Annex I of Schedule A (RFP Vol III) and front pages of Vol. I, II, III of RFP. 3 Page 7 RFP is not an Agreement and is neither an offer nor invitation by the Authority 4 Clause and Clause 1.3 & Recital E of the DCA, Page 2 Please clarify. RFP should either be an offer or an invitation for Proposal. Please clarify. Starting Chainage is and End Chainage is Provisions of the RFP Document are selfexplanatory. Estimated Project Cost Kindly specify year of estimation. The year for estimation of the project cost is Signing of Concession Kindly clarify whether Singing of the As per RFP Agreement within 30 Concession Agreement and execution of the days of award of Letter concession agreement are same, if so then of Acceptance (LOA) clarify the ambiguity. Recital E in the Concession Agreement Page 2 of 38

3 states the execution of the Concession Agreement requiring to be done within 45 days of the date of issue of the LOA 6 Clause 2.1.3, Page 15 Clause Clause , Page 18 The feasibility report of the of the feasibility report The draft Concession Agreement and the Feasibility Report provided by the Authority as part of the Bid Documents shall be deemed to be a part of this RFP. A bidder shall be liable for disqualification and forfeiture of Bid Security if any legal, financial or technical advisor of the Authority in relation to The duration given by the Authority for submission of bid is 45 days from the issue of Letter of Qualification, to conduct the surveys, investigations, traffic studies and other detailed examinations before that, requires substantial duration. Hence it is requested that the Authority and the Consultants responsible for preparation of the Feasibility Report should take the responsibility of the correctness of the Feasibility Report. Both the clauses are contradictory. Please confirm the Feasibility Report is part of the document. If the Feasibility report shall be deemed to be a part of the RFP, we request the Authority to modify the Clause suitably. Kindly provide the names of the entities engaged as Legal, Technical and Financial Advisors by the Authority. Provisions of the RFP Documents are clear. As per the RFP Legal Consultant to the Financial Consultant M/s Link Legal Advocates Technical Consultant M/s Wilbur Smith Associates Financial Consultant M/s Page 3 of 38

4 the Project. Any manner for matters related to or incidental to the Project during the Bidding process. 8 Clause 2.1.3, 2.7.2, Appendix I, Point 12, Page 39 The feasibility Report of the project is being provided only as a preliminary reference document by way of assistance to Bidders before submitting their bids. The Draft Concession Agreement and the Feasibility Report provided by the Authority a part of the Bid document shall be deemed to be a part of this RFP. I/We further certify that no investigation by a regulatory authority is pending either against us or against our Associates or against our CEO or any of our Directors/ Managers/ employees. Kindly clarify the feasibility report along with the plan and profile given is the part of the RFP. Kindly clarify whether Feasibility Report along with the plan and profile forms a part of Enclosures of the Bid and whether it has to be submitted along with the BID. Kindly provide the list of regulatory authority covered under this clause. KPMG Advisory Services Pvt. Ltd. Provisions of the RFP Document are clear. As per the RFP Regulatory authority is a well-understood term in business and includes government agencies such as SEBI, RBI, TRAI, CERC, SERC, AERA etc. However, bidders may ascertain the same on their own. Page 4 of 38

5 Queries related to RFP Volume II 10 DCA, Clause 2.1 Scope of the Project 11 DCA, Clause 4.1.2, Conditions Precedent 12 DCA, Clause 4.1.3, 4.3 & 24 Construction of the Project Highway on the Site set forth in Schedule-A and as specified in Schedule-B together with provision of Project Facilities as specified in Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D; As Condition Precedent, Authority to provide the concessionaire; 1) Right of Way 2) Railway Approvals 3) Environmental Permits Article refers to the various Condition Precedents that are required to be fulfilled prior to Appointed Date and execution of Financial Agreements & Financial Model being one of them; in case of delay beyond the said 180 days damages are 0.1% of PS per day up to a max of 20% (i.e. up to 200 days). On the other hand, article 24.1 states that the Financial Close shall be achieved by 180 days of Concession Agreement signing and further time is allowed up to another 120 days subject to payment of 0.1% of PS, after which the agreement may be terminated by We presume that the scope of work is defined in Schedule B and Schedule C only. Schedule D shall be referred only for Specifications/ Standards and shall not form part of scope of work. Kindly clarify. In case of delay in any of the condition precedents, the Financial Closure date should stand extended by such delay without any reduction in the Concession Period. In addition to this the Authority shall be liable to pay damages to the Concessionaire in accordance with Article 4.2. Please Clarify. Please clarify whether for the fulfilment of Financial Close a further period of 200 days (article 4.3) or 120 days (Article 24.1) is allowed. Damage for delay in fulfilment of Condition Precedent by Authority i.e. 0.1% 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. Provisions of the RFP Document are selfexplanatory. No Change. As per RFP Provisions of the RFP Documents are clear. No Change. As per RFP Page 5 of 38

6 mutual agreement or other course of action may be followed. 13 DCA, Clause 4.12 (d) 14 DCA, Clause 4.12 (e) There are two four lane ROBs proposed to be constructed in the project. Authority shall procure All Applicable Permits related to environmental protection and conservation of the site. Please provide the status of GAD approval by the Railways. Please provide status of MoEF Clearance for the project. GAD is under review with the Railway Authorities. Forest Proposals are submitted to respective district forest department. Public hearing based on the recommendation on the TOR clearance has been scheduled. While all Applicable Permits relating to environmental protection and conservation of site shall be procured by Authority as a Condition Precedent, the permission to cut trees has been mandated to the concessionaire, Since authority has taken the responsibility with respect to all Applicable Permits relating to environmental protection and conservation of site No Change in provisions of the RFP Page 6 of 38

7 15 DCA, Clause Obligations of the Concessionaire And Clause 10.3 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; Authority is requested to provide the present status of land acquisition for the entire project site. 16 DCA, Clause 5.8, Facilities for the physically challenged and elderly persons 80% vacant access & license of site shall be provided by the Authority on or before the Appointed Date and the remaining 20% shall be provided within 90 days from the Appointed Date. The Concessionaire shall, in conformity with the guidelines issued time to time by Ministry of Social Justice & Empowerment, or a substitute thereof, procure a barrier free environment for the physically or visually challenged and for, elderly persons using the Project Highway. 17 DCA, Clause 6.2 Maintenance Obligations prior to Appointed Date 18 DCA, Clause 8.1.1, Disclaimer 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, The measure of reasonable efforts may please be defined. Please clarify what %age of the ROW has been acquired by NHAI excluding the existing Project Highway. Requested to provide the guidelines issued by Ministry of Social Justice & Empowerment to assess the clear scope of the work. Kindly provide the period of reimbursement if such maintenance is carried out by Concessionaire during the development period. The Scope of this project is related to Schedule B, Specification and standards are related to Schedule D. As the Schedule B & D shall be accurate. Therefore we request the Authority that the Scope of the Project and Specifications and Standards 3(a) published, 3(A) notification for acquiring land is under process As per the RFP 3(A) notification for acquiring land is under process Bidders may ascertain on their own. As per provisions of the RFP Document. No Change. As per RFP Page 7 of 38

8 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 here under. 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 Authority in this regard. shall be excluded from the disclaimer clause 8 of the DCA. 19 DCA, Clause , Procurement of Site, Right of Way 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 What is the current LA status of the project Highway, especially for the proposed bypass stretches. Please furnish us the schedule of handing over of the encumbrance free land to the Concessionaire as the same shall have an impact on IDC as well as construction cost after schedule completion works. Also, it 3(a) published. 3(A) notification for acquiring land is under process. As per RFP Page 8 of 38

9 be liable to payment of Damages under and in accordance with the provisions of Clause 4.2. is required to be submitted to the Lenders for the purpose of Financial Close. What is the status of LA for Bypasses & Realignments and other services like Toll Plaza, Traffic Aid Post and Way-side amenities? 3(a) published. 3(A) notification for acquiring land is under process. What is the current status of LA of stretch passing through revenue forest, reserved forest, etc. Forest Proposals have been submitted to respective district forest department. 20 DCA, Clause The Authority shall make best effort 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 the Force Majeure or breach of this agreement by the Concessionaire, it shall pay to the concessionaire damages in a sum calculated The bidder presumes that not more than 20% of the land shall be a part of the Appendix. The bidder shall be compensated appropriately in terms of time and cost if the above is not complied by the Authority. Damages for Force Majeure events should 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 Provisions of RFP Documents are self-explanatory. No Change. As per RFP No Change. As per RFP Page 9 of 38

10 at the rate of Rs. 50 (Rupees Fifty) per day for 1000 (one thousand) square metres or part thereof, commencing from the 91 st (ninety first) day of the Appointed Date and until such Right of Way is procured. concession period, apart from the compensation as mentioned in the Concession Agreement. 21 DCA, Clause For the avoidance of doubt, it is agreed that existing rights of way, easements, privileges, liberties and appurtenances to the Licensed premises shall not be deemed to be Encumbrances. 22 DCA, Clause 10.6, Special/ temporary right of way, Right of Way 23 DCA, Clause 11.1, Existing Utilities & Roads The concessionaire shall bear all costs and charges for any special or temporary right of way required by it in connection with access to the Site. Notwithstanding anything to the contrary...authority shall, upon written request from the Concessionaire, initiate and undertake at the Concessionaire s cost, legal proceedings for acquisition of any right of way necessary for such diversion. 24 DCA, Clause 11.2 The Concessionaire shall undertake the shifting of utilities including electric lines, water pipes and telephone cables to appropriate location. The cost of such shifting shall be borne by We propose that, easements, privileges, liberties and appurtenances to the Licensed premises should also be considered as Encumbrances. Please confirm. We request Authority to reimburse all additional costs, in actual, incurred by the Concessionaire towards special/ temporary right of way for access to the site. Please confirm. Concessionaire shall assist the agency for 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. Authority is requested to provide the details of utilities to be shifted/relocated, along with the owners of such utilities so that the time required and ease of such relocation could be estimated. The Authority is requested to provide NOCs No Change. As per RFP No Change. As per RFP No Change. As per RFP The utility relocation estimate is under process. The same may be provided at an Page 10 of 38

11 the Authority or by the entity owning such utility... from the respective owners of the utilities so that the relocation could be executed at the earliest. appropriate stage. 25 DCA, Cause , New Utilities & Roads 26 DCA, Clause , New The concessionaire shall 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 the 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 use shall be restored forthwith....the connecting portion thereof falling within the site shall be constructed by the Concessionaire at the Authority s cost... Please confirm that all Utility Shifting expenses borne by the Concessionaire shall be reimbursed in actual as incurred by the Concessionaire in executing the task of utility shifting. Clause is ambiguous and should be deleted. The responsibility should be of Authority only, as User are not at all concerned with Progress of 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. The construction costs incurred by the Concessionaire shall be reimbursed in Utilities & Roads actual only. Please confirm. 27 DCA, Clause 11.4 Felling of Trees We presume that the cost of felling of trees shall include disposal of the same and stump removal and handing over of the trees to forest department/ Authority and cost of the same shall be borne by As per RFP No Change. As per RFP As per RFP Provisions of the RFP Documents are clear. Page 11 of 38

12 Authority. Please clarify. 28 DCA Clause 12.3 (e) 29 DCA Clause 12.7, Construction of Service Road by Authority Drawings: No review... for the same in any manner. The Authority shall, at any time after the [8th (eighth)] anniversary of the Appointed Date, be entitled in its discretion to undertake at its cost, Construction of service roads on the Project Highway in accordance with the specifications and standards applicable to other district roads (ODRs) in the State. Such construction shall be undertaken without causing undue disruption to traffic and upon its completion, the Concessionaire shall have the obligation to maintain the service roads in accordance The Applicable Permits for felling of trees are to be obtained by Authority and concessionaire will assist. Since Authority will be in a better position to coordinate and obtain the permission from the concerned government agencies. Kindly confirm. In case of modification suggested by Independent Engineer on the design and drawings submitted by Concessionaire resulting into design related defects/ damages 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. This clause puts an unknown but additional cost at a later date on the Concessionaire, the cost of which cannot be ascertained at this stage. Kindly specify the length of Service road to be built after the 8 th anniversary of the appointed date. As the Quantum/Length of the Service road, in addition to the year of development, is not known, it would not be possible to factor the O&M cost, that too after 8 th anniversary of Appointed Date. No Change. As per RFP No Change. As per provisions of the RFP No Change. As per the RFP Page 12 of 38

13 with Good Industry Practice and regulate the use thereof in accordance with the provisions of this Agreement. Hence, the obligation to maintain the Service road may be excluded from the scope of the Concessionaire. 30 DCA, Clause 12.4 & DCA, Clause , Provisional Certificate, Completion Certificate 32 DCA, Clause (d), O&M obligations of the Concessionaire Article 12.4 states that damages shall be 0.1% of Performance Security in case the project milestones are delayed by more than 90 days as specified in Schedule G. Article 15.2 states that in case COD does not occur prior to the 91 st day after the Scheduled Four Laning date, damages shall be of the Performance Security. The Parties hereto expressly agree that a Provisional Certificate under this Clause 14.3 may, upon request of the Concessionaire to this effect, be issued for operating part of the Project Highway, if at least 75% (seventy five per cent) of the total length of the project Highway has been completed. Carrying out periodic preventive maintenance of the Project Highway Alternatively, we request the NHAI to delete this clause in this project also or this may be treated as variation on its implementation. Scheduled Four Laning Date (910 th day after Appointed Date) is a milestone under the Project Completion Schedule G and the said date is also considered for the computation of damages in case the Scheduled Four Laning Date gets extended by more than 90 days. Please clarify if there is double penalty. Is this 75% of Total Length, a continuous length or can be a sum of broken lengths. Please clarify. Also, can we get Provisional Certificate if way-side amenities are not completed? Please clarify how it is different from subclause (f) which refers to major maintenance such as resurfacing of pavements, repairs to structures, and The provisions of the DCA are clear. Please refer to Addendum 1, item no. (a). As per RFP Provisions of the RFP Documents are clear. Page 13 of 38

14 repairs and refurbishment of tolling system and other equipment. 33 DCA, Clause DCA, Clause (e) 35 DCA, Clause 20.4, Recurring Expenditure on Police Assistance 36 DCA, Clause 21.3, Recurring expenditure on Medical Aid Posts The Concessionaire shall remove promptly from the Project Highway all surplus construction machinery and materials, waste materials... Intervals at which the Concessionaire shall carry out periodic maintenance On or before the Scheduled Four-Laning Date, the Concessionaire shall provide to the State Police Department or a substitute thereof one Jeep or similar vehicle in good working condition along with chauffeurs for round-theclock patrolling as set forth in Clause 20.2 and shall meet the operating costs of such vehicle including the salaries and allowances of the chauffeurs. For the avoidance of doubt, it is agreed that the Concessionaire shall not be liable for any other expenditure incurred by the State Police Department or a substitute thereof. On or before COD, the Concessionaire shall provide to the State Medical Department or a substitute thereof to be designated by the Authority one ambulance in good working condition along with chauffeurs for round theclock ambulance services as set forth in Clause 21.1 and meet the operating costs of such ambulance including the salaries and allowances of the chauffeurs. The The disposal site shall be identified before the bid submission. Kindly clarify. As the periodic maintenance is performance related the period/ interval of periodic maintenance cannot be fixed. Please clarify whether this cost shall include the cost of Police personnel for Mobile police squad. If yes, what number of police personnel should be considered per Traffic Aid post? Request the Authority to provide the list of medical equipments to be provided in the medical aid posts. No Change. As per RFP No change. As per RFP As per Provisions of the RFP As per provisions of the RFP Page 14 of 38

15 Concessionaire shall also reimburse to the State Medical Department (or a substitute thereof to be designated by the Authority) the actual expenditure incurred by it in each Accounting Year on the medical equipment, and the pay and allowances of up to 2 (two) medical personnel deployed exclusively for the Medical Aid Posts and ambulance, and shall maintain the Medical Aid Post buildings in accordance with Good Industry Practice. For the avoidance of doubt, it is agreed that the Concessionaire shall not be liable for any other expenditure incurred by the State Medical Department or a substitute thereof to be designated by the Authority. 37 DCA, Clause 23.1, Appointment of Independent Engineer, Independent Engineer 38 DCA, Clause , Equity Support, Grant The appointment shall be made no later than 90 (ninety) days from the date of this Agreement and shall be for a period of 3 (three) years The Equity Support shall not exceed the sum specified in the Bid and as accepted by the Authority, but shall in no case be greater In case the Independent Engineer is not appointed within the stipulated time, it is our understanding that the Project Director of NHAI shall, for all purpose, carry out duties of Independent Engineer, and the Concessionaire on the account of nonappointment of Independent Engineer shall not suffer. Please confirm that our understanding is correct. If not, who will be responsible for the duties and functions of the Independent Engineer? Kindly clarify that if the developer invests equity to the extent of 20% of the Total Project Cost, and then is the Equity In case such a situation arises, appropriate arrangements may be made by the Authority. Please refer Addendum-1, item no. (b) Page 15 of 38

16 than the Equity, and shall be further restricted to a sum not exceeding 40% (forty per cent) of the Total Project Cost. support restricted to 20% of the Total Project Cost? In other Four Laning Concession Agreements, the equity support was up to the extent of twice the equity. Kindly request you to retain the same provision of 39 DCA, Clause 27.6, Clause , Effect of Variations in traffic growth Clause DCA, Clause , Reappropriation of excess Fee The Authority and the Concessionaire acknowledge that the traffic as on October 1, 2021 (the Target Date ) is estimated to be PCUs per day (the Target Traffic ) Modification in the Concession Period...then for every 1% (one per cent) shortfall as compared to the Target Traffic, the the clause. Kindly provide us the calculation of the Target Traffic. The traffic data predicted in the Feasibility report at the proposed toll plaza location seems to be very much higher than the actual data on the road. Please clarify. We interpret from Clause 29.1 and 29.2 that the Concessionaire has to face a reduction in the Concession period in case the actual traffic exceeds the Target traffic on the Target Date respectively. Also, the clauses enforce the Concessionaire to share the revenue due to higher traffic. In view of the above clauses, the perceived Business Risks of the Concessionaire is multi fold as concessionaire has to share excess revenue and also face reduction in concession period. Therefore we request you to kindly omit the above clauses. Please confirm. Please confirm that with the extension of the Concession Period due to actual Traffic No change. Bidders may make their own assessment of Traffic. No change. As per the RFP As per the provisions of the Page 16 of 38

17 Modification in the Concession Period Concession Period shall, subject to payment of Concession Fee in accordance with this Agreement, be increased by 1.5% (one point being lesser than Target Traffic, the Concessionaire shall not be held liable to share any Additional Concession Fee for DCA. 41 DCA, Clause DCA, Clause 35.3, Extension of Concession Period DCA, Clause five per cent) thereof......as compared to Target Traffic......in the event 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 under Clause 35.2, extend the Concession Period, such extension being equal in duration to the period by which COD was delayed or the collection of Fee remained suspended on account thereof......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... the extended period of time. Variation of traffic from Target Traffic results in reduction of concession period. Therefore we request you to increase the target traffic reasonably to avoid such reduction of concession period. Please clarify. Since COD is not fixed date, it is not 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. In case of any delay in handing over of any ROW by Authority and subsequent delay in COD the Concessionaire should be provided with Extension of Scheduled Project Completion Date and Concession Period. Such extension should not be in terms of days of delay in COD rather be calculated such that it shall fully compensate the loss incurred by the Concessionaire in Net Present Value terms of the Project Returns. For e.g. A delay of 2 months to achieve No Change. As per the provisions of the DCA. No Change. As per provisions of the RFP Document. No Change. As per provisions of the RFP Document. Page 17 of 38

18 COD for default other than Concessionaire s Default should be compensated by an extension of the Concession Period by more than 2 months to factor the time value of money for delayed revenue generation. 43 DCA, Clause DCA, Clause 47.3, State Support Agreement Upon Termination on account of a Concessions 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 percent) 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 Concessionaire Default occurring prior to COD. The Concessionaire acknowledges that it has received from the authority a certified true copy of the agreement executed between MOSRTH and the State Government for providing the support and services specified therein (the State Support Agreement ), and Kindly confirm the above mechanism for such extension. Request Authority to include Termination 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. What is the status of the State Support Agreement to be signed between MoRTH and the Madhya Pradesh State Government for this Project? In case it is signed, please provide us the copy of the same. In case it is not signed, No Change. As per the provisions of the RFP The State Support Agreement has been signed and may be provided at an appropriate stage. Page 18 of 38

19 the Parties hereto agree to make their best what is the time frame for signing of this endeavours to procure the support of the State Government. agreement, also provide us the draft copy of the same. 45 DCA, Clause 48.1 Termination Payment means the amount payable by the Authority to the Concessionaire upon Termination and may consist of payments on account of and restricted to the Debt Due and Adjusted Equity, as the case may be, which form part of the Total Project Cost. It may be observed that the Termination payment under this Agreement is capped to the Total Project Cost (TPC). It has been experienced in precious projects that the actual amount expended by the Concessionaire on constructing the Project Highway is significantly higher than the Authority s TPC estimates. This exposes the Concessionaire to high risks in case of termination which may not be due to the Concessionaire s event of default. This is significant problem in achieving the Financial Closure. We request the Authority to set the cap on Termination Payment at the actual amount expended by the Concessionaire on construction of Project Highway (As on COD). Please confirm. No Change. As per the provisions of the DCA. Page 19 of 38

20 Queries related to RFP Volume III 46 Schedule A - Annex I 4. Major Bridges 1. Chainage Km Schedule A - Annex I 15. Stretches passing through forest areas 48 Schedule A, Point 10 And Appendix BXII Location wise details of culverts are not given in Schedule A. However only numbers of culverts (pipe, slab, arch and box) are mentioned. As per Schedule A there are two bridges at Km and one more bridge is proposed at same locaton. Request Authority to clarify whether there will be three bridges on same location. Table shows stretches passing through forest areas including reserve as well as revenue forest. Authority to kindly clarify whether there are any other forest locations apart from the locations mentioned in table. For culverts to be widened or reconstructed as given in Schedule B Appendix BXII, please provide the details of present status in Schedule A. Schedule A includes 2 nos. of existing bridge at Km One of these two bridges is submersible in nature, which will not be utilized for traffic in future. In lieu of this, a new 2 Lane bridge is proposed between the 2 existing bridges. Stretches indicated in the table have been finalized after the joint site inspection with forest officials. However, the proposal for forest clearance is being examined in the forest department. This is required to be assessed by the bidder. Page 20 of 38

21 Also in Schedule A number of pipe and slab culvert are given as 109 and 31 respectively. However in Appendix BXII of Schedule B there are only 87 existing pipe culverts and 27 slab culverts. 49 Schedule B Please provide typical cross-section drawings Drawing may be developed by bidders based on the description given in Schedule B, Appendix BI of the RFP Document 50 Schedule B Sl. No. 1 (1.1) 51 Schedule B Appendix BI & BII Width of Carriageway As per IRC:SP: Manual of Specifications and Standards for Four Laning of National Highways through Public Private Partnership, Clause 2.5.3, In case of depressed medium, a minimum 0.6m width adjacent to carriageway either side shall be paved which means width of paved carriageway excluding median will be 18.2m ( ) but it is mentioned as 18.6m in the schedule. Kindly clarify. Discrepancy in Bypass/Realignment Start and End Chainages: There is a mismatch in Start and End Chainage in tables of Appendix BI & BII. Please Clarify. It may be read as 18.2m in place of 18.6m. Please refer the Addendum 1, item no.(g) Please refer the Addendum 1, item no. (h). 52 Schedule B Foot note it is specified (with full fledged safety As per RFP Page 21 of 38

22 Appendix I measures) please kindly clearly specify the scope of safety measures to consider in forest stretches of this project. 53 Schedule B Please provide the reconstruction length to be taken, which occurred due to change in improvement in the Vertical Geometric of the Highway. 54 Schedule B Proposed Structure type mentioned is PSC I girder for bridges at Ch (Flyover) Ch (2 lane viaduct), Ch (Narmada river br.) & Ch (Sherd river br.) Request to allow concessionaire to adopt any suitable and economical type of superstructure, keeping spans and deck width same as mentioned in Schedule B. 55 Schedule B Please provide the terrain classification with chainages. 56 Schedule B Please provide details of ground improvements to be considered 57 Schedule B Appendix BI & BII Culvert in Bypass: The proposed culvert width is given as 26m for both median widths of 4.5m and 12m. Please clarify the total culvert width to be considered for 12m median, as it should be greater than 26m. To be assessed by the Bidders on their own. Concessionaire may develop their own design conforming to provisions of the RFP This is required to be assessed by the Bidder. Concessionaire may decide based on the provisions of IRC-SP Minimum proposed width for culvert at depressed median excluding the median is 23 m and the provisions in the median between the two carriage ways can be made with base slab and two side walls. However, total width of Page 22 of 38

23 culverts at these locations is 33m. 58 Schedule B Annex I Width of carriageway was mentioned for different project road stretches which total road length of road is Km but the total project road length is mentioned as Km. Please clarify. 59 Schedule B Appendix-II 60 Schedule B Appendix VII 61 Appendix BVII & BX, Schedule R 62 Schedule B Appendix VIII 63 Schedule B Appendix VIII Vehicular Overpass at design chainage Km As per Schedule R, permanent bridge or tunnel costing INR 50 crore or more is only at Bridge over Narmada- 850 m at chainage As per Schedule B, existing VUP at chainage has to be widened by 6.72 Length of Bargi bypass is mentioned as 2.6Km in Appendix BII and the same is mentioned as 2.7Km in Schedule R for tolling purposes. Please clarify. Kindly provide us the available ROW details of the approaches of the proposed Overpass. Bur we presume that cost of permanent structures at following locations will also cost INR 50 crores or more 1) Brigde across Sherd rover at chainage (534/10) 500m 2) Grade Separator at chainage m We request you to include these two permanent structures in Schedule R for additional Toll. The existing underpass structure at chainage vertical clearance mentioned as 7.7m, we presume that this shall be maximum 5.5m please confirm Please clarify the width of widening required. It may be read as Km in place of Km. Please refer to Addendum 1, item no. (g) It may be read as 2.60 Km in place of 2.70 Km. Please refer Addendum- 1, item no. (e). This is coming up as part of the New Alignment. No Change. As per the RFP No change. As per the RFP documents. As per the horizontal alignment design, some part of the existing structure fall inside the Page 23 of 38

24 m. Width of existing VUP is 8.5m as per page A-8 of Schedule A. Hence as per Two Lane standard only 3.5m has to be widened. 64 Schedule B Appendix BVIII 65 Schedule B Appendix BVIII 66 Schedule B Appendix BX 67 Sl. No. 7 of Schedule A and Appendix BXI Vehicular underpass at existing chainage Km Minor Bridge at design chainage Km A vehicular underpass is proposed at existing chainage but we couldn t find any intersection at this particular location to provide underpass. Kindly clarify. VUP widths for Underpasses have been mentioned as 27m. Please clarify whether it includes 3m median and 2x12m width of VUPs. Under Rehabilitation/widening of existing Minor Bridge, S. No -1: Widening of existing minor bridges Ch It has been mentioned as Stage 1 - construction of viaduct of 2 lane standard bridge and Stage 2 Widening of existing bridge by 3.9 m width. The construction of new 2 lane minor bridges as indicated here is not covered in construction of new minor bridges. Request you to clarify if a new 2 lane bridge is to be constructed at Ch In Schedule A, the skew angle of the existing bridge is mentioned as 15 degrees and in the schedule B, the proposed skew angle is given as 10 degrees. proposed curve. In order to ensure the total available width of 12.0m for the structure, it is proposed to be widened by 6.72m. No Change. NH12A is proposed to join at this location. This indicates 2x12m carriageway and 4.5m wide median. Total length of the VUP may be read as 28.5m in place of 27.5m. The new construction of this structure is included under Appendix BXIII Details of proposed Viaduct. Please read the skew angle in Schedule A as 10 degrees in place of 15 Page 24 of 38

25 Kindly clarify. degrees. 68 Sl. No. 7 of Schedule A and Appendix BXI 69 Schedule B Appendix XI 70 Schedule B Appendix XIII Widening of existing Minor Bridge at design chainage Km (527/10). Minor Bridge at design chainage Km Bargi bypass ROB at Chainage mentioned in Schedule A for existing minor bridges are not matching with the existing chainage given in Appendix BXI of schedule B. Thus the scope of work given in Appendix BXI of schedule B is not clear. Please provide the corrected existing chainage in Schedule A and / or Schedule B so that the same can be correlated for better assessment of scope of work. As per Appendix BXI of Schedule B, existing Minor Bridge at design chainage Km (527/10) is to be widened by 1.77, this is not possible. Also in Schedule A for minor bridge at (Assuming this minor bridge to be same as minor ) is already having width of 12m as per 2 lane standards. Please clarify the correct width of widening for minor bridge at Ch (Sl.no.21 of New construction of minor bridges) in the remarks column it is mentioned as New+New but in proposed structural configuration it is shown as New 2 Lane Bridge. We feel it should be New 4(2x2) Lane Bridge. Kindly clarify. Twin Cell RCC box structure is proposed at Level Crossing, but construction of BOX structure over existing LC is not possible. Kindly clarify. Please refer Addendum 1, item no. (j) The existing bridge is proposed for widening by 1.77m to ensure the total available width of 12.0m. However, for utilizing the entire width of existing structure the inner edge of the carriageway can be tapered thus reducing the median width at the location of bridge. This is a new 4 lane bridge in re-alignment and may be read as 2X12 m. The type of structure adopted is as per the requirements of the Page 25 of 38

26 Railway Division. 71 Schedule B ROB at , Appendix XIII Schedule B, Annex II, Appendix BI 73 Schedule B, Annex II, Appendix BXI 74 Schedule D, Annex I, Point 2, Deviations Details of Median & Widening Scheme along the Project Corridor Details of New/ Reconstruction Minor Bridges and Rehabilitation/ Repair/ Widening Scheme for Existing Minor Bridges A. New/ Reconstruction Minor Bridges 22. Design chainage Instead of 7m, 12.m wide depressed Proposed span arrangement of the ROB is provided. Kindly provide us exactly which span is pertaining to railway crossing for considering the superstructure (composite girder). Kindly confirm whether all spans will be of composite girder or only railway span. The service road locations mentioned in the widening scheme and details of Service Road mentioned in Appendix BIII do not match. Request Authority to please clarify exact length of Service Road to be considered. In Appendix BXI Details of New/ Reconstruction Minor Bridges of Km (Design chainage) new bridge of 4 lanes is proposed on realignment, whereas in Reconstruction minor bridge table sr. No. 15 at same chainage New 2 lane bridge is proposed. Please clarify. There is mismatch between minor bridge chainages between Schedule A and Schedule B, request Authority to please clarify. Since it is to be DBFOT project, request you to allow the concessionaire to provide the W-beam/ For the ROB at twin cell box structure is proposed. Composite superstructure is proposed for all the spans of ROB at chainage The existing railway line crosses the ROB in the. Middle Span. Service road locations shown in BIII are excluding tapering required for exit and entry Ramps. Please refer Addendum 1, item no. (j) The chainages are updated and presented in Schedule B. Please refer to the Addendum 1, item no. (j) As per RFP Page 26 of 38

27 from the Manual median is to be adopted. 2. At 12m wide median location, where service roads of 5.5m width are provided, earthen shoulder of 1m is to be considered instead of 1.5m wide 3. At stretches where 2.m or less median width is proposed, additional provision of New Jersey crash barrier with antiglare screens are need to be considered 4. Additional W - beam metal crash barrier are to be considered at both edges of depressed median concrete crash barriers as per the Section 9 of 4 Lane manual Schedule I, Clause 2.3, Tests Riding Quality: Riding Quality of each lane of the carriageway shall be checked with the help of a calibrated bum Maximum permissible roughness limits in Schedule I (Clause 2,3, having maximum roughness value of 1800 mm); and IRC Sp: (Clause (ii) (b), having roughness value not exceeding 2000 mm) does not match, please confirm the permissible IRC SP : Page 27 of 38

28 integrator and the limits to be followed. maximum permissible roughness for purpose Please clarify whether standardized roughometer As per the RFP of this Test shall be shall or could be used to check Riding Quality of Documents 1800 mm for each each lane of the carriageway for Test on kilometre. 76 Schedule R The fee levied and collected hereunder shall be due and payable at the following Toll Plazas for the distance specified for each such Toll Plaza Completion of Project Highway. Length for which Fee is payable at Toll Plaza location Km is mentioned as Km. The length mentioned is total length of project, from which length of Narmada Bridge and four Bypasses is not deducted. Please clarify if we have to consider the payable length as Km or length arrived after deducting for bridges and bypasses. 77 Schedule R Schedule R not updated as per modifications done in the National Highways Fee Amendment rules, Please clarify. Please refer the Addendum 1, item no. (c) Schedule R should be read with National Highways Fee (Determination of Rates and Collection) Rules, 2008, and with NH Fee Amendment Rule 2010 dated and NH Fee Amendment Rule 2011 dated Page 28 of 38

29 Reply to General queries Sr No Clause no. / page no. Description Quarry / suggestion Reply 78 General Clearances required from 15.5Kms of project road is passing MoEF through Reserved Forest Area. What is the status of the clearances required from the Ministry of Environment & Forests for this project? 79 General Geotechnical Investigation Reports 80 General Major Bridges at Ch & Ch Request you to provide Geotechnical Investigation reports for all structures and also for entire corridor including the rock profile underneath, to all Bidders. Please give us a month wise water level data and geotechnical details for bridges at Ch (Narmada river bridge at Tilawara) and Ch (Sherd river br.) Forest Proposals are submitted to respective district forest department. Public hearing based on the recommendation on the TOR clearance has been scheduled. Available Geotechnical investigation report, has been provided in Addendum 1, item no. (f). Please note that this report is provided as a reference document only. Bidders may make their own assessment. Month wise water level data may be ascertained from concerned departments. Available Geotechnical Investigation Report has been provided in Addendum 1. item no. (f). Page 29 of 38

30 Sr No Clause no. / page no. Description Quarry / suggestion Reply 81 General Entry Exit Ramps Please specify entry exit ramps locations. 82 General Extension of Time 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. Please note that this report is provided as a reference document only. Bidders may make their own assessment. May be decided based on the location of service roads as well as entry and exit requirements. No Change. As per RFP 83 General Axle load, plan profile and structural drawings Also, in consideration of the above changes in the RFP documents, we request NHAI to extend the RFP submission date by at least 4 weeks after the reply of the pre-bid queries. Kindly provide details of BBD and axle load for pavement design, plan profile drawings and structural drawings. Are the FRLs provided with plan and Profile drawing mandatory for No Change. As per RFP This is required to be assessed by the bidder. FRLs provided in the RFP Document are to be Page 30 of 38

31 Sr No Clause no. / page no. Description Quarry / suggestion Reply execution? 84 General Structure Design Since the Project is DBFOT, we presume that the Concessionaire shall be allowed to submit their own designs for all the proposed project structures based on individual assessments, by any suitable method within codal provisions and specification. Kindly clarify. 85 General Existing & Proposed Structures Please provide the details of foundation, substructure & superstructure for proposed MJB/MNB/VUP/ROB/GS & Culverts. maintained as minimum FRLs. As per the provisions of the RFP This is required to be prepared by the Bidder as per DBFOT. GAD for structures (Grade Separator/ PUP/ VUP/ Bridges/ ROBs) is not given. It is required for assessing the structure cost. Please provide the same. 86 General Pavement Design Kindly clarify whether stage construction shall be allowed for the pavement. For strengthening of existing carriageway whether Concessionaire can adopt IRC irrespective of new design. Can the Concessionaire design the GAD is under consideration of Railway Authorities. As per RFP As per RFP Page 31 of 38

32 Sr No Clause no. / page no. Description Quarry / suggestion Reply pavement based on AASHTO instead of IRC. Please provide us with pavement investigations report including the results of Test Pits and Subgrade carried out during DPR stage and report on materials and subsoil investigation. Kindly also specify the existing pavement crust composition. 87 General Financial Model Kindly provide the Financial Model for the above said project as it shall provide valuable guidance for financial bidding. 88 General Land for Diversion Kindly confirm whether land will be provided for the diversions. 89 General Plan & Profile drawing Levels The levels mentioned in the plan & profiles at the match line are varying from one sheet to next sheet for same chainage. (For example CH: GL to 15m from proposed GL varying in sheet (km. 466 to 467) and sheet (km. 467 to 468) Available Geotechnical investigation report, has been provided in Addendum 1, item no. (f). Please note that this report is provided as a reference document only. Bidders may make their own assessment. As per the RFP Bidders may do financial analysis of the project on their own. As per the provisions of the RFP Please refer Addendum 1, item no. (m) Page 32 of 38