Concession of the Longitudinal de la Sierra Highway Section 4 REPUBLIC OF PERU PRIVATE INVESTMENT PROMOTION AGENCY PROINVERSIÓN Committee in Road Infrastructure Projects, Railway Infrastructure and Airport Infrastructure -PRO INTEGRACIÓN BID TERMS Comprehensive Projects Bid LONGITUDINAL DE LA SIERRA HIGHWAY Section 4 Huancayo-Izcuchaca-Mayocc-Ayacucho/Ayacucho- Andahuaylas-Puente Sahuinto/Dv. Pisco – Huaytará - Ayacucho February 17, 2015
Transcript
Concession of the Longitudinal de la Sierra Highway Section 4
REPUBLIC OF PERU
PRIVATE INVESTMENT PROMOTION AGENCY
PROINVERSIÓN Committee in Road Infrastructure Proje cts, Railway Infrastructure and Airport Infrastructure -PRO INTE GRACIÓN
11.2 Submission of general documentation for Preshortlisting (Envelope Nº1) ............ 29
11.3 Submission of Envelopes Nº 2 and Nº 3 .............................................................. 29
11.4 Submission of Envelopes by Authorized Agent or Legal Representative .............. 29
11.5 Language ............................................................................................................. 29
11.6 Original Documents and Copies ........................................................................... 30
11.7 Form of Submission of Envelopes Nº 1, Nº 2 and Nº3 .......................................... 30
11.8 Cost of preparation and submission ..................................................................... 30
12. REQUIREMENTS FOR PRESHORTLISTING: CONTENT OF ENVELOPE Nº 1 (CREDENTIALS) ..................................... ................................................................. 31
12.1 General Information ............................................................................................. 31
12.2 Requirements of Preshortlisting of the Bidder ...................................................... 31
a) Operation Capacity ............................................................................................... 31
b) Legal Requirements ............................................................................................. 32
c) Financial Requirements ........................................................................................ 35
d) Verification of information submitted to the Committee ......................................... 36
13. SUBMISSION OF THE CONTENT OF ENVELOPE Nº 1 AND PRESHORTLISTING RESULTS ........................... .................................................... 36
13.1 Submission of the content of Envelope N° 1 ........ ................................................ 36
13.2 Assessment of the content of Envelope N° 1 ........ ............................................... 37
13.4 Announcement of Preshortlisted Bidders ............................................................. 38
14. CONTENT OF ENVELOPES Nº 2 AND Nº 3 ............ .......................................... 38
14.1 Content of Envelope Nº 2: Technical Proposal ..................................................... 39
14.2 Content of Envelope Nº 3: Economic Proposal .................................................... 40
15. ACTS OF RECEPTION OF ENVELOPES Nº 2 AND Nº 3 AN D OPENING OF ENVELOPE Nº 2. ...................................................................................................... 41
15.2 Assessment of content of Envelope Nº 2 ............................................................. 42
16. OPENING OF ENVELOPE Nº 3 AND AWARD ............ ...................................... 42
16.1 Opening of Envelope N° 3 .......................... .......................................................... 42
16.2 Assessment of Envelope N° 3 ....................... ....................................................... 43
16.3 Award .................................................................................................................. 44
16.4 Drawing up the Minutes ....................................................................................... 44
18.1 Contract Subscription Date .................................................................................. 48
18.2 Events on the Date of Subscription of the Contract .............................................. 48
19. EXECUTION OF THE GUARANTEE OF VALIDITY, VALIDIT Y TERM AND SERIOUSNESS OF THE PROPOSAL ....................... .............................................. 49
20. ENTRY INTO FORCE OF THE CONTRACT ...................................................... 50
21. FINAL PROVISIONS............................... ............................................................ 50
List 1 .................................................................................................................................... 53
BANKING COMPANIES AUTHORIZED TO ISSUE THE GUARANTEES ESTABLISHED IN THE BID TERMS ................................................................................................................. 53
List 2 .................................................................................................................................... 53
LIST OF INTERNATIONAL FINANCIAL ENTITIES.............................................................. 54
NOTE: DO NOT CONSIDER THE MEMBERS OF THE BIDDER WIT H LESS THAN THREE (03) YEARS OF INCORPORATION ................. ........................................... 73
Form 2 ................................................................................................................................. 74
FINANCIAL REQUIREMENT OF MANAGEMENT AND FOR OBTAINING FINANCING FROM BIDDER .................................................................................................................... 74
Form 3 ................................................................................................................................. 75
LETTER OF REFERENCE .................................................................................................. 75
Form 1 ................................................................................................................................. 77
MODEL OF LETTER OF GUARANTEE OF VALIDITY, VALIDITY TERM AND SERIOUSNESS OF PROPOSAL ......................................................................................... 77
Form 2 ................................................................................................................................. 79
INFORMATION EFFECTIVENESS ...................................................................................... 79
Form 3 ................................................................................................................................. 80
AFFIDAVIT OF RECOGNITION OF SUB SECTIONS OF THE CONCESSION AND COMMITMENT OF EXECUTION OF REHABILITATION AND IMPROVEMENT AND INITIAL PERIODIC MAINTENANCE ................................................................................................. 80
Form 4 ................................................................................................................................. 81
COMMITMENT OF COMPLIANCE OF RECOMMENDATIONS OF ROAD SECURITY....... 81
Form 5A ............................................................................................................................... 83
ACCEPTANCE OF THE BID TERMS AND CONTRACT ..................................................... 83
Form 5B ............................................................................................................................... 84
ACCEPTANCE OF BID TERMS AND CONTRACT ............................................................. 84
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1. PURPOSE OF THE BID AND PROJECT CHARACTERISTICS
These Bid Terms regulate the procedure of the Bid of Comprehensive Projects for the Concession of the Longitudinal de la Sierra Highway Section 4: Huancayo – Izcuchaca – Mayocc - Ayacucho/Ayacucho – Andahuaylas - Puente Sahuinto/Dv. Pisco – Huaytará - Ayacucho.
The general objectives of the Bid Terms are the following:
• Achieve a clear, simple, objective and equal procedure. • Achieve the participation of the largest number of bidders with experience in
the obligations to be required. • Set ground rules on which the bidder may submit its proposal.
The competition referred to in the Bid Terms shall be carried out in accordance with the provisions contained therein, and in matters not provided therein, shall apply to this process, the rules of Supreme Decree No. 059-96-PCM, Legislative Decree No. 1012 and its complementary regulations and amendments. It is considered, without admitting evidence to the contrary, that all Bidder, interested or person, directly or indirectly, who participate in the bid knows the contents of these Bid Terms and applicable regulations.
1.1. Purpose of the Bid The State of the Republic of Peru, through the Agency for Promotion of Private Investment - PROINVERSION, has called for a Comprehensive Project aimed at selecting a legal, national or foreign person or consortium that will conform the Concession of the Longitudinal de Highway of the Sierra Section 4: Huancayo - Izcuchaca - Mayocc - Ayacucho / Ayacucho - Andahuaylas - Sahuinto Bridge/ Dv. Pisco - Huaytará - Ayacucho, according to technical, financial and legal qualifications set out in these Bid Terms.
1.2. Project Characteristics The Project shall have the following basic referential characteristics, according to these Bid Terms and the Concession Contract:
According to the type of contract foreseen in the concession scheme, it is a concession cofinanced BOT type (build, operate and transfer), with guaranteed contributions in charge of the State of the Republic of Peru, according to the Economic Proposal of the Bidder. The delivery in concession of the Longitudinal de la Sierra Highway Section 4: Huancayo – Izcuchaca – Mayocc - Ayacucho/Ayacucho – Andahuaylas – Sahuinto Bridge/Dv. Pisco – Huaytará - Ayacucho, implies according to the provisions made by the Ministry of Transportation and Communications in the Assessment Report, works to be executed by the GRANTOR and the CONCESSIONAIRE and the
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Operation and Maintenance according to the technical guidelines indicated in the Concession Contract.
The approximate length of the project is 971 km. The concession term is 25 years, since the Contract Subscription Date, this term may be extended according to the provisions set forth in the Concession Contract. At the end of the concession period, the Assets of the Concession will be returned or given freely, as appropriate, to the State of the Republic of Peru, which is free to exploit or award them directly to a new concessionaire, so that the continuity of the service is guaranteed.
2. DEFINITIONS
Any reference made in this document to "Section", "Form" and "Annex", shall be understood as made to Sections, Forms and Annexes of these Bid Terms respectively, unless expressly stated in different sense.
All time references should be made to understand local time of Peru.
Expressions in the singular include where appropriate, the plural and vice versa. The capitalized terms appearing in these Bid Terms and which are not specifically defined therein, correspond to Applicable Laws, or the meaning to be given to them in the use of the activities of project development or, failing that, to the terms that are commonly used in capital letters. In these Bid Terms the following terms shall have the following meanings as follows:
2.1 Non-Disclosure Agreement
Is the agreement that the Authorized Agents should sign before making use of the Data Room. The text of the Non-Disclosure Agreement appears as Form 4 of ANNEX N° 8.
2.2 Award
Is the declaration made by the Committee determining which bidders have submitted the best proposal in the terms and conditions established in the Bid Terms and who is the winner of the concession.
2.3 Awardee
It refers to the successful bidder with the Award.
2.4 Agency for the Promotion of Private Investment– PROINVERSIÓN
It is the body referred in Law No. 28660 and the Regulation of Organization and Functions of PROINVERSION approved by Ministerial Resolution No. 083-2013-EF/10, in charge, among other things, to promote the incorporation of private investment in public works of
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infrastructure and in public services that may be concessioned to the private sector in accordance with applicable laws and regulations.
2.5 Authorized Agents Are the natural persons appointed as such by the Bidder for purposes of this Bid.
2.6 Governmental Authority
Any government or national, regional or local authority or any of its departments or agencies, regulatory or administrative, or any entity or agency of the State of the Republic of Peru that according to law, exercises executive, legislative or judicial powers, or belonging to any of the governments, authorities and institutions mentioned above.
2.7 Bid Terms . It is the public document containing the administrative aspects, procedures and conditions of the Bid, including its Annexes, Forms, Appendices and Circulars issued by the Committee, setting the terms under which the bid will develop. During the bid the contract forms part of the Bid Terms.
2.8 Concession Assets Are the real or personal property that are incorporated in the Concession, are affected by this or are inseparable goods to which it relates, which: were delivered by the GRANTOR at the beginning or during the concession, they replaced others, or were acquired or constructed by the CONCESSIONAIRE during the term of the same, these assets are owned by the GRANTOR and will be returned and/or delivered by the CONCESSIONAIRE, at the end of the concession.
2.9 BOT It comes from the acronym in English built, operate and transfer and is the modality by which the road infrastructure is delivered to the CONCESSIONAIRE in order that it may build, operate and transfer said road infrastructure to the State at the end of the concession.
2.10 Capital Stock Subscribed and paid
Part of the subscribed capital stock and effectively provided by the concessionaire's shareholders.
2.11 Longitudinal de la Sierra Highway Section 4: H uancayo-
Is the project commissioned to PROINVERSION by the Ministry of Transportation and Communications, to be concessioned.
2.12 Circulars
Are the written communications issued by the Committee of PROINVERSION whether of specific or general effects, with the purpose to complete, clarify, interpret, specify or modify the content of
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the Bid Terms, another Circular or to answering inquiries made by the persons authorized to it. These Circulars will be integrant part of the Bid Terms. They may be also issued to communicate to the Bidders the information related to the process, prior approval of the Committee.
2.13 Committee
Is the Committee of PROINVERSIÓN in Road Infrastructure Projects, Railway Infrastructure and Airport Infrastructure -PRO INTEGRACIÓN, which permanent members were appointed through Supreme Resolution N° 021-2013-EF and Supreme Resolution N° 50-2014-EF that appoints the new members.
2.14 Payment Voucher for the right of participation
It is the document that PROINVERSIÓN shall deliver to the Bidder as proof of having paid the right to participate in this Bid.
2.15 Grantor
Is the State of the Republic of Peru, represented by the Ministry of Transportation and Communications (MTC).
2.16 Concession
It is the legal relationship of public law established between the GRANTOR and the CONCESSIONAIRE from the date of signing of the contract, whereby, the GRANTOR grants the CONCESSIONAIRE the right to exploit the assets of the concession, and therefore it is obliged to execute the Rehabilitation and Improvement, the Initial Periodic Maintenance, retain such assets and provide a range of services for users of the Longitudinal de la Sierra Highway Section 4, according to the stipulations of the Concession Contract during the term of the same, subject to the provisions of applicable laws and regulations.
2.17 Concessionaire
Is the legal person incorporated in Peru by the Awardee, who subscribes the concession contract with the GRANTOR.
2.18 Bid
Is the process regulated by these Bid Terms for the award of the concession to the private sector, through a Bid of Comprehensive Projects, of the Longitudinal de la Sierra Highway Section 4: Huancayo – Izcuchaca – Mayocc - Ayacucho/Ayacucho – Andahuaylas – Sahuinto Bridge/Dv. Pisco – Huaytará - Ayacucho.
2.19 Bid of Comprehensive Projects
Is the modality foreseen in Article 6 Section 2 of Supreme Decree N° 059-96-PCM, under which the Longitudinal de la Sierra Highway Section 4: Huancayo – Izcuchaca – Mayocc - Ayacucho/Ayacucho – Andahuaylas - Puente Sahuinto/Dv. Pisco – Huaytará – Ayacucho will be delivered in concession to the private sector.
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2.20 Conservation or Maintenance Is the group of activities performed since the takeover with the purpose to preserve, recover or delay the loss of the structural and functional original conditions of the Concession Assets.
2.21 Road Conservation or Road Maintenance
It is the set of technical activities aimed at preserving continuously and sustained the good condition of road infrastructure, so that optimum user service is ensured, may be of routine or periodic nature.
2.22 Consortium It is the grouping of two or more legal entities lacking legal personality independent of its members, which has been formed in order to participate as a bidder in this bid.
2.23 Constructor It refers to the legal person, or legal persons who will subscribe with the CONCESSIONAIRE the contracts of implementation of Rehabilitation and Improvement and the Initial Periodic Maintenance of the Concession.
2.24 Concession Contract or Contract
It is the binding document including its Annexes and Appendices concluded between the CONCESSIONAIRE and the GRANTOR, the same one that governs relations between the parties for the implementation of the Rehabilitation and Improvement, Initial Periodic Maintenance and Exploitation of the Longitudinal de la Sierra Highway Section 4, during the term of the Concession.
2.25 Effective Control
One person holds or is subject to the effective control of another company or under common control with it, in any of the following cases:
a) It has more than fifty percent (50%) of the voting power at general
shareholders meetings or partners, through direct ownership of securities representing the capital by or indirectly through usufruct contract, pledge, trust, syndication and the like or any other legal act.
b) Directly or indirectly has the power to appoint or remove the majority of members of the board or equivalent body, which enables to control or exercise the majority of votes in the board meetings or equivalent body, or to govern the operative or financial policies under a regulation or contract whatever is its modality.
c) By any other mechanism or circumstance (contractual or not), effectively controls the power of decision in the other company.
In addition to the above and whenever applicable, for purposes of determining effective control, will be taken into account the provisions of CONASEV Resolution No. 090-2005-EF-94.10 CONASEV amended by Resolution No. 005-2006-EF/94.10, its amendments, or legislation replacing it.
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2.26 Schedule
Is the temporary sequence of activities that will develop during the process of this bid and that are indicated in ANNEX ANNEX N° 11.
2.27 Affidavit
Written statement submitted by the Bidder in which he declares or makes a commitment that is presumed true for purpose of this bid, without prejudice to what is indicated in Section 12.1.
2.28 Days They are working days, that is, other than Saturday, Sunday or non-working holiday in the city of Lima. Also understood as holidays the days when banks in Lima are not obliged to serve the public by provision of the Governmental Authority.
2.29 Calendar Day
Are all days, including Saturdays, Sundays and holidays.
2.30 Dollar or American Dollar or US$ It is the currency or monetary unit of legal tender in the United States of America.
2.31 Affiliated Company, Matrix Subsidiary or Relat ed
The definitions are the following:
a) Affiliated company: A company will be considered affiliated to another company when the Effective Control of said companies is exercised by a same Matrix Company.
b) Matrix Company: Is the company that owns the Effective Control of another. Is also considered in this definition the company that owns the Effective Control of a Matrix Company, as defined and so on.
c) Subsidiary corporation: Is the company which Effective Control is exercised by another company.
d) Related Company: Is any Affiliated company, Matrix or Subsidiary.
In addition to the above and provided it is applicable for purposes of determining the indicated definitions we shall additionally apply the Resolution CONASEV Nº 090-2005-EF-94.10, modified by Resolution CONASEV N° 005-2006-EF/94.10, its amendments, or re gulation that replaces it.
2.32 Banking Companies
Are those companies defined as such according to Law Nº 26702, General Law of the Financial System and Insurance System and Organic of the Superintendence of Banking and Insurance, referred in List List 1 of Annex N° 1.
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2.33 International Financial Entity Is an International financial entity of first category, recognized in Peru, and that is included in List List 2 of Annex N° 1.
2.34 Existing Studies
Is the group of studies and reports of technical nature of the Longitudinal de la Sierra Highway Section 4, which will be in the Data Room available to bidders as referential information, prior signature of the non-disclosure agreement and payment of the right to participate in the bid.
2.35 Exploitation
It includes the operation and maintenance of road infrastructure in the Concession Assets, the provision of mandatory and optional services and user fees for the use of road infrastructure and facilities, as well as the provision of such services under the terms established in the Contract.
2.36 Competence Factor
These are the variables that define the winner of the bid, understanding these as the lesser amount for payment for Rehabilitation and Improvement, for annual payment for Initial Periodic Maintenance and for annual payment for maintenance and operation, offered in relation to the amounts determined by the State.
2.37 Contract Subscription Date
Is the day when the Concession Contract is subscribed between the GRANTOR and the CONCESSIONAIRE.
2.38 Guarantee of Validity, Validity Term and Serio usness of the
Proposal Is the letter of credit, stand-by letter or bank guarantee submitted by the Preshortlisted Bidder in favor of PROINVERSIÓN, for an amount of ________ thousand and 00/100 American Dollars (US$__´___,000.00), to assure the validity, validity term and seriousness of its proposal (includes the Technical and Economic Proposal), according to the model enclosed as Form 1of ANNEX N° 5.
The guarantee should be issued by a Banking Company or by an International Financial Entity, as detailed in List List 1or in List List 2 of Annex N° 1 of these Bid Terms, which should be seve ral, unconditional, irrevocable, without the benefit of excussio, indivisible and automatically enforceable.
In case of a guarantee letter or stand-by letter issued by an International Financial Entity, it should be countersigned and confirmed by any of the banking companies indicated in List List 1 of ANNEX N° 1.
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A guarantee letter or stand-by letter confirmed by a banking company means, that the banking company that confirms is the receiver of the execution letter and the responsible to make the requested payment.
The guarantee must be valid for at least ninety (90) calendar days after the date of filing of the Economic Proposal. The Committee may provide for the mandatory extension of that guarantee, the Bidder must renew as required by the Committee. However, at the discretion of the Committee and by the assessment of the possibility of awarding the bid to a second bidder, the Committee may individually arrange the return of the guarantees of the Bidders. The return of the guarantees submitted by the bidders, in any case, shall not exceed fifteen (15) calendar days after the Contract Subscription Date. In order to accomplish the above, it is possible to supply two or more guarantees which together meet the total amount required, provided these guarantees meet, individually, all other requirements.
2.39 Performance Bond of the Concession Contract Is the guarantee, which opportunity of submission, model, amount, terms and conditions will be defined in the Concession Contract and that is to ensure the fulfillment of each and every one of the contractual obligations of the CONCESSIONAIRE including the payment of the penalties that are not guaranteed by the performance bonds of Execution of Rehabilitation and Improvement and/or Initial Periodic Maintenance.
2.40 Performance Bond of Execution of Rehabilitatio n and Improvement
Is the banking guarantee granted to guarantee the correct execution of the Rehabilitation and Improvement, including the payment of penalties and other sanctions and obligations, which opportunity of submission, amount, terms and conditions shall be defined in the Concession Contract.
2.41 Performance Bond of Execution of the Initial P eriodic
Maintenance Is the banking guarantee granted to guarantee the correct execution of the Initial Periodic Maintenance, including the payment of penalties and other sanctions and obligations, which opportunity of submission, amount, terms and conditions shall be defined in the Concession Contract.
2.42 VAT
Is the General Sales Tax referred in Supreme Decree Nº 055-99-EF, Consolidated Text of the General Sales Tax Law and Excise Tax, or regulation replacing it, and the Municipal Promotion Tax referred in
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Supreme Decree Nº 156-2004-EF, Consolidated Text of the Municipal Taxing Law, or regulations replacing it.
2.43 Laws and Applicable Provisions
It is the set of Peruvian general laws governing the contract. Include the Constitution of Peru, the rules with the force of law, regulations, directives and resolutions that can dictate any competent governmental authority in accordance with its founding law, which shall be binding upon the parties.
2.44 Initial Periodic Maintenance Are those works to be executed in the existing route in the first years of the concession in order to reach and/or overcome the Service Levels required in Annex I of the contract.
2.45 Improvement
Implementation of the necessary measures to raise the standard of the route through activities involving substantial modification of geometry and pavement structure works; and the construction and/or adaptation of bridges, tunnels, drainage, walls, and signs necessary.
2.46 Service Levels Indicators to qualify and quantify the status of the service of a route and which are normally used as admissible limits to which they can evolve their surface, functional, structural condition, and security. Indicators are specific to each route and vary according to technical and economic factors within a general scheme of user satisfaction (comfort, convenience, safety and economy) and profitability of the resources available.
2.47 Nuevo Sol Is the currency of legal tender in the Republic of Peru.
2.48 Work
Road infrastructure executed in a working area, based on an approved technical file, generally using resources: manpower, materials and equipment.
2.49 Operation
It is the set of activities to develop the route to function normally and includes the administration of the Concession, care and monitoring of the road, load control and vehicle weight, road safety and the prevention of Road Emergencies.
2.50 Operator It is the Bidder or member in case of Consortium, which has met the preshortlisting requirements regarding the experience in operation and is responsible for the operation of the concession.
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2.51 Regulatory Body
Is the Supervisory Organism for Investment in Transport Infrastructure for Public Use - OSITRAN, according to Law No. 26917 and its regulatory, complementary rules and amendments and whose provisions (autonomous regulations, general guidelines and rules of a particular nature , mentioned in Article 22 of the regulation approving Supreme Decree No. 044-2006-PCM), paragraph 3.1 of Article 3 of Law No. 27332, are mandatory for enforcement and compliance for the CONCESSIONAIRE.
2.52 Annual Payment for Initial Periodic Maintenanc e (APIPM) Is the sum of total annual money expressed in dollars, that the State of the Republic of Peru will ensure to the CONCESSIONAIRE, according to his economic proposal, intended to cover the Initial Periodic Maintenance costs, under the terms and conditions set forth in the Contract . The method and frequency of payment are regulated in the Concession Contract.
2.53 Annual Payment for Maintenance and Operation ( APMO) Is the sum of total annual money expressed in dollars, that the State of the Republic of Peru will ensure to the CONCESSIONAIRE, according to his economic proposal, intended to cover the costs of operation and maintenance of the concession, subject to the terms and conditions set in the Contract. The method and frequency of payment are regulated in the Concession Contract.
2.54 Minimum Participation
It is the shareholding equivalent to thirty-five percent (35%) of the subscribed and paid capital of the CONCESSIONAIRE that the Strategic Partner must have and maintain at least in the concessionaire during the whole duration of the concession. This participation necessarily is entitled to vote at the General Shareholders Meeting.
2.55 Payment for Rehabilitation and Improvement (PR I)
Is the amount of money expressed in dollars, that the State of the Republic of Peru shall assure to the CONCESSIONAIRE, according to its Economic Proposal, addressed to cover the costs of Rehabilitation and Improvement. The payment procedure is regulated in the Concession Contract.
2.56 Concession Term
Is the period comprised between the Contract Subscription Date and the expiration of the concession.
2.57 Bidder
Is a legal person or consortium that is present in this bid, and who has acquired the right to participate and to submit to the provisions established in the Bid Terms.
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2.58 Preshortlisted Bidder Is the bidder whose documentation, duly submitted through Envelope Nº 1, has complied with the requirements foreseen in the Bid Terms, being accepted and expressly declared by the Committee.
2.59 Proposal
Is the documentation that the Preshortlisted Bidders must submit, whether Technical Proposal or Economic Proposal.
2.60 Economic Proposal
Is the document submitted by the Preshortlisted Bidder in Envelope Nº 3, as indicated in Section 14.2, Form 1 and Form 2 of ANNEX N° 6, as the case may be.
2.61 Technical Proposal
Is the group of documents submitted by the Preshortlisted Bidder in Envelope Nº 2, as indicated in Section 14.1.
2.62 Contract Project
Are models of the Concession Contract to be delivered to the Bidders in order to receive their comments and/or suggestions. None of the terms and/or criteria contained therein shall link to any extent to PROINVERSION, the Committee or the GRANTOR.
2.63 Rehabilitation Implementation of the necessary works to restore the original features to the road infrastructure and adapt to a new period of service works; which refer mainly to repair and/or execution of pavement, bridges, tunnels, drainage, if any earthmoving in specific areas and others.
2.64 Legal Representative Is (are) the natural person(s) appointed as such by the Bidder for purposes of this bid.
2.65 Preshortlisting Requirements Are the requirements indicated in Section 0 of these Bid Terms that must satisfy the bidder to be declared as Preshortlisted Bidder and to continue participating in the bid.
2.66 Data Room Is the area determined in the office of PROINVERSIÓN located in the 7th Floor of building at Av. Canaval Moreyra 150, San Isidro, Lima 27, Peru, which shall contain the referential documents related to the concession and which shall be available to the Bidders for the preparation of their proposal.
2.67 Envelope (s) Makes reference individually or jointly to Envelopes Nº 1, 2 and 3.
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2.68 Envelope Nº 1 Is the envelope that contains the documents indicated in Section 0, to be submitted by the Bidder.
2.69 Envelope Nº 2 Is the envelope that contains the documents indicated in Section 14.1, to be submitted by the Preshortlisted Bidder.
2.70 Envelope Nº 3 Is the envelope that contains the Economic Proposal to be submitted by the Preshortlisted Bidder, according to the provisions set forth in Section 14.2.
2.71 Strategic Partner It is the shareholder or holder of participatory interest of the CONCESSIONAIRE who credited compliance with the operational requirements specified in the Bid Terms, which holds title of the Minimum Participation in the CONCESSIONAIRE.
2.72 Sub Section (s) Component Part(s) of the section of the highway to be concessioned.
3. LEGAL FRAMEWORK OF THE BID
� Legislative Decree No. 839 of August 20, 1996, which approves the Law for Promotion of Private Investment in Public Infrastructure Works and Public Services, creating, as the agency in charge, the Commission for the Promotion of Private Concessions (PROMCEPRI).
� Supreme Decree Nº 059-96-PCM of December 26, 1996 which approves
the Consolidated Text of regulations with rank of law that regulate the delivery in concession to the private sector of public works of infrastructure and public services.
� Supreme Decree Nº 060-96-PCM of December 27, 1996, promulgating
the Regulation of the Consolidated Text of regulations with rank of law that regulate the delivery in concession to the private sector of public works of infrastructure and public services, modified through Supreme Decree Nº 003-2009-PCM.
� Law 27111, of May 11, 1999, that transfers to the COPRI, the functions, attributions and competences granted to the PROMCEPRI.
� Supreme Decree Nº 027-2002-PCM of April 24, 2002 that provides the
merger of the COPRI, the National Commission of Investment and Foreign Technologies and the Economic Promotion Management of the Commission of Promotion of Peru, in the Executive Direction of FOPRI, which is called Agency for the Promotion of Private Investment (PROINVERSIÓN).
� Law N° 28660 published on December 25, 2005, which determines the
legal nature of the Agency for Promotion of Private Investment - PROINVERSIÓN as a Decentralized Public Organism attached to the
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Economy and Finance sector, with legal status, technical autonomy, functional, administrative, economic and financial, constituting a budget statement. The current Regulation of Organization and functions of PROINVERSIÓN was approved through Supreme Decree Nº 083-2013-EF/10 dated March 20, 2013
� Subparagraph L, Article 22 of Law Nº 27785, Law of the National System
of Control and the Comptroller General of the Republic, which establishes the attribution of the Comptroller General of the Republic to previously inform about the operations, guarantees, and other guarantees granted by the State, including the contract projects, that commits its credit or financial capacity in any way, whether they are negotiations in the country or abroad.
� Legislative Decree Nº 1012, which approves the Framework Law of
Public Private Partnerships for the Generation of Productive Employment and dictates rules for streamlining the process of promotion of private investment and its amendments.
� Supreme Resolution N° 021-2013-EF which reconstruct s the formation of
members of the Committee of PROINVERSIÓN in Road Infrastructure Projects, Railway Infrastructure and Airport Infrastructure– PRO INTEGRACIÓN.
� Supreme Decree Nº 127-2014-EF and its amendments, that approves
the Regulation of Legislative Decree Nº 1012.
� Steering Council Meeting of PROINVERSIÓN N° 514-1-2 013-CPI, March 27, 2013 by which it was agreed: 1. To incorporate the project into the process of promotion of private investment, under the mechanisms and procedures established in Supreme Decree N° 059-96- PCM, Legislative Decree N° 1012 and its corresponding regulations, 2 . Instruct the Pro Integración Committee about the execution of the process of promotion of private investment of the project and 3. Manage the corresponding legal provision.
� Supreme Resolution N° 50-2014-EF that appoints the new members of
the PROINVERSIÓN Committee in Road Infrastructure Projects, Railway Infrastructure and Airport Infrastructure-PRO INTEGRACIÓN.
� Steering Council Meeting of PROINVERSIÓN N° 641-201 4-CPI, of
November 17, 2014 by which agrees to modify Section 1 of the agreement of incorporation of the Steering Council meeting N° 514-1-2013-CPI, regarding the incorporation of the project called Longitudinal de la Sierra Highway Section 4: Huancayo - Izcuchaca - Mayocc - Ayacucho/Ayacucho - Andahuaylas – Sahuinto Bridge/Dv. Pisco – Huaytará – Ayacucho.
� Supreme Resolution Nº 001-2015-EF, published on January 6, 2015, by
which ratifies the PROINVERSION Nº 514-1-2013-CPI Agreement of
21 Concession of the Longitudinal de la Sierra Highway Section 4
March 27, 2013 and the PROINVERSION Nº 641-1-2014-CPI Agreement of November 17, 2014.
� Steering Council agreement of January 26, 2015 approving the Plan of
Promotion of Private Investment for the delivery in concession to the private sector of the Longitudinal de la Sierra Highway Section 4: Huancayo – Izcuchaca – Mayocc - Ayacucho/Ayacucho – Andahuaylas – Sahuinto Bridge/Dv. Pisco – Huaytará - Ayacucho.
4. POWERS OF THE COMMITTEE AND OF PROINVERSIÓN
The Committee aims to lead the process of promoting private investment of the bid for the concession of the Longitudinal de la Sierra Highway Section 4: Huancayo - Izcuchaca - Mayocc - Ayacucho / Ayacucho - Andahuaylas - Sahuinto Bridge/ Dv. Pisco - Huaytará - Ayacucho. As such, it is empowered, among other things, to promote, organize, regulate, modify, manage, monitor, control and dictate all provisions which are relevant or they deem necessary for the implementation of this process, including amendments to the Bid Terms; and resolve what is not provided in the Bid Terms or Applicable Laws and, in general, to exercise all other powers assigned by the Applicable Laws. The Committee may extend the terms indicated in these Bid Terms. This Bid may be suspended or cancelled if deemed convenient by the Committee, without expressing any cause and without any liability as a consequence therein, according to Section 17.2. All the modification to these Bid Terms will be communicated, through Circulars to the Bidders or to the Preshortlisted Bidders.
The mere presentation of the planned information and/or requested by the Committee for purposes of preshortlisting by a Bidder does not oblige the Committee to declare it as Preshortlisted Bidder, nor submitting a proposal requires the Committee to accept it. The mere presentation by the bidder of documents, implies full knowledge, acceptance and unconditional submission by the Bidder, the Preshortlisted Bidder or the Awardee, as appropriate, to each and every one of the procedures, obligations, conditions and rules without exception established in the Bid Terms, the same that have legally binding nature for those, as well as their irrevocable and unconditional waiver to raise before any jurisdiction or authority, any action, claim, demand or request for compensation against the State, PROINVERSION, the Committee, advisors, or any other entity, agency or official of the Government of Peru for the exercise of the option provided in these Bid Terms.
22 Concession of the Longitudinal de la Sierra Highway Section 4
Except as expressly provided to the contrary, the decisions of the Committee or the Steering Council of PROINVERSIÓN, as appropriate, regarding this Bid they are final and not give rise to compensation of any kind and are not subject to challenge at the administrative level or judicial. Consequently, the mere participation in the bid, the individuals who fall under the scope of these Bid Terms waive to file any legal challenge against such decisions.
5. CONCESSION CONTRACT PROJECTS
Projects Contract shall be made available to the bidders, who may submit their comments and/or suggestions within the deadlines specified in Circulars with which the Projects Contract shall be sent, with the same formalities prescribed in section 10.1b ). The Committee shall evaluate whether or not to include the suggestions that the Bidders or Preshortlisted Bidders formulate to the draft contracts. The final version of the Concession Contract approved by the Steering Council will be informed to the Bidders, according to the Schedule (ANNEX N° 11 ).
6. BID SCHEDULE
The dates of the activities of the Schedule are included in ANNEX ANNEX N° 11.
The Committee may modify the dates of the Schedule at any time, which will be communicated to the interested parties through a Circular. Except where otherwise expressly indicated, the maximum period of the day, will expire at 17:00 hours of Lima - Peru.
7. INTERPRETATION AND REFERENCES
The terms and expressions used in these Bid Terms shall be construed in their natural and obvious sense unless specifically been assigned another meaning in this document or its annexes, or the context otherwise requires it; and in any case according to the rules in force in Peru. It shall be considered, without admitting evidence to the contrary, that all participants in this process knows the laws and regulations in Peru and applicable to this case. The titles of chapters, sections, forms and annexes of the Bid Terms are exclusively used for indicative purposes and shall not affect the interpretation of their content.
8. TECHNICAL BACKGROUND AVAILABLE TO BIDDERS
The different technical background and studies made will be available for Bidders in the Data Room referred in Section 10 of these Bid Terms.
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The studies comprising the technical background will be available of Bidders which are indicated in Appendix 1 of ANNEX N° 8.
9. AUTHORIZED AGENTS AND LEGAL REPRESENTATIVE
9.1 Authorized Agents a) Appointment of Authorized Agents
Each Bidder shall appoint one or two natural persons with common domicile in the city of Lima or Callao as their Authorized Agents, for purposes of this bid.
b) Appointment Letter
The appointment of Authorized Agents shall be made by a simple letter signed by the Bidder expressly indicating their authority and stating the appropriate information, as stated in paragraph 9.1c) and d). Also must attach the affidavit indicated in Form 1 Annex no.1.
c) Powers Granted Authorized Agents duly appointed may act independently and not necessarily jointly and will be the only persons authorized by the Bidder to:
i. Represent the Bidder before PROINVERSIÓN, the Committee
and the advisors about all matters that are not of exclusive competence of the Legal Representative according to Section 9.2.
ii. Reply, on behalf of the Bidder and with binding effect for the
grantor, all the questions made by the Committee.
iii. Receive administrative, judicial or extra judicial notifications; and
iv. Subscribe, with binding effect for the Bidder, the Non-Disclosure Agreement referred in Section 10.2b).
d) Information The information that the Bidder shall provide with respect to each of the Authorized Agents will be: name, identity card, common address, telephone numbers and facsimile in the city of Lima or Callao and two (2) electronic addresses (emails). In case the Bidder makes changes in the above information he shall communicate in writing to the Committee.
e) Notifications
All extra judicial notifications, included within them the Circulars, addressed to the Bidder may be made to any of the Authorized Agents by fax, with complete transmission confirmation, issued by the addressee of the corresponding communication through another fax, in which case it shall be understood as delivered on the date of completion of the transmission of the sender; or by letter delivered
24 Concession of the Longitudinal de la Sierra Highway Section 4
by courier or notarized, in which case the notification shall be understood as delivered on the date of its delivery, understood as well made and efficiently made any notification in the common address specified by the Authorized Agents referred in Section 9.1d), or by electronic mail to the electronic address indicated in section 9.1d) The Bidder accepts as well received the circulars sent by email at any time within the range established in the Schedule and is therefore understood that the mere fact of submitting the documents referred to in section 9.1b), the Bidder gives consent to the Committee to make electronic notifications from the mail with the institutional web domain specified in 10.1 b).
f) Replacement The Bidder, prior written communication addressed to the Committee and complying the same requirements indicated in Section 9.1b), may replace any of the Authorized Agents. The replacement will have effect on the following day of the date in which the corresponding communication issued by the Bidder, was received by the Committee.
9.2 Legal Representative
a) Appointment and Powers
i. The Bidder may only appoint up to two common Legal Representatives to represent him, jointly or individually, as provided in this Section. The address, fax number, phone number and e-mail of the legal representatives, as well as its replacement, are subject to the provisions of Section 9.1 d), e) and f).
ii. The powers granted to each of the Legal Representatives should
be general enough for any of them, jointly or individually, may sign on behalf of his principal, all documents required by the Bid Terms, including, specifically, the power to initiate challenge proceedings foreseen in the Bid Terms and sign letters of submission of proposals.
iii. The documents submitted in Envelopes Nº 1, Nº 2 and Nº 3 and,
in general, all documents submitted by a Bidder with relation to the bid, should be signed or endorsed by its legal representative, as appropriate, who should be duly empowered for said purpose, according to the provisions set forth in this section.
iv. In case the Bidder or its members come from a contracting state
member (signatory) of the “Agreement Abolishing the Requirement of Legalization of Foreign Public Documents” adopted on October 5, 1961 in the City of The Hague, Kingdom of the Netherlands, approved by Legislative Decision No. 29445 and ratified by Supreme Decree No. 086-2009-RE, only those documents must comply with the conditions laid down in the said
25 Concession of the Longitudinal de la Sierra Highway Section 4
agreement, as long as the country concerned has not maintained built accession of Peru.
b) Submission of Power
i. The power by which the Legal Representatives are appointed should contain the corresponding powers of representation. It will be submitted in Envelope Nº 1.
ii. During the bid the accreditation of the power of the Legal
Representative may be made as follows:
• Through general power granted in the incorporation document.
• Through special power. iii. The appointment of a new Legal Representative will only take
effect from the day following the date on which the Committee received the documents evidencing such appointment properly.
c) Place and formalities for granting of power
i. The power granted outsider Peru appointing a Legal Representative must be:
• Duly extended or legalized before the competent Consulate
of Peru, enclosing an uncertified translation into Spanish in case of issuing it in different language.
• Endorsed by the Ministry of Foreign Relation of Peru.
ii. The powers granted in Peru shall be recorded by public deed or in public notary certified copy of the minutes of the relevant corporate body for which are granted.
iii. Where the Bidder from a Member Contracting country (signatory)
of the “Agreement Abolishing the Requirement of Legalization of Foreign Public Documents” adopted on October 5, 1961 in the city of The Hague, Kingdom of the Netherlands, approved by Legislative Resolution No. 29445 and ratified by Supreme Decree No. 086-2009-RE, the power granted outside Peru appointing a legal representative will not require the extension or legalization referred to in section 9.2 c), being enough that it meets only the conditions set forth in the said agreement, as long as the country concerned has not maintained built accession of Peru.
d) Registration in the Registry Office
Under no circumstances will be required, at the time of submission, the powers of the Legal Representative are registered in the Public Registry.
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10. CONSULTATIONS AND INFORMATION
10. 1 Consultations about the Bid Terms and suggest ions to the Contract Projects
a) Term to make consultations and suggestions From the date of notice referred to in Annex 11 and to the date stated in that Annex, the Bidders, through their Authorized Agents and/or Legal Representatives may make inquiries about the Bid Terms. They also may make suggestions to the contract projects according to the dates indicated in the respective remission Circulars. The Committee will not be obliged to accept neither to reply the suggestions that Bidders or Preshortlisted Bidders formulate to the Contract Projects.
b) Formality of consultations and suggestions
The consultations and suggestions will be made in written and in Spanish language, and must be addressed to:
Longitudinal Project of the Sierra Section 4 PROINVERSIÓN Av. Enrique Canaval Moreyra Nº 150, Piso 8 – San Isidro-Lima -Perú Telephones: 2001200 extension 1292 Fax [511] 2212935 E-mail: [email protected]
c) Circulars
i. The replies of the Committee to the consultations formulated to the Bid Terms will be communicated through Circulars to all the Bidders or Preshortlisted Bidders, according to the case, without indicating the name of the person who made the consultation.
ii. The Committee is not obliged to provide a reply to the
consultations to the Bid Terms that are not related with this bid.
iii. Similarly, if the Committee, at any time deems necessary to clarify, specify, modify or supplement the Bid Terms, it shall issue a circular to that effect. This Circular shall be addressed to the Authorized Agents according to that indicated in paragraph 9.1 e) of these Bid Terms. All issued circulars are available on the website of PROINVERSION.
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iv. After the deadline for preshortlisting of Bidders, the Circulars will only be notified to the preshortlisted Bidders, and after the submission of Envelopes No. 2 and 3, only to Bidders who submitted proposals.
v. The Circulars issued by the Committee shall be part of these Bid
Terms, consequently, they shall be legally binding for all Bidders and Preshortlisted Bidders.
vi. Circulars may be also issued to communicate to the Bidders the
information related to the process, prior approval by the Committee.
10. 2 Access to Information: Data Room
a) Access to Data Room i. The Bidders who have paid the right to participate in the Bid and
have subscribed the Non-Disclosure Agreement shall have, until the date indicated in the Schedule, access to the information related to the Longitudinal de la Sierra Highway Section 4: Huancayo – Izcuchaca – Mayocc - Ayacucho/Ayacucho – Andahuaylas – Sahuinto Bridge/Dv. Pisco – Huaytará - Ayacucho that will be available for its consultation in the Data Room. Said Room is located in the premise of PROINVERSIÓN, 7th Floor of building located at Av. Enrique Canaval Moreyra Nº 150, San Isidro, Lima 27, Peru.
ii. The access to the Data Room should be coordinated according
to the rules established for its operation contained in the Manual of Access and Use of Data Room, Annex¡Error! La autoreferencia al marcador no es válida. of these Bid Terms.
iii. The Bidders, through written communication sent to the Project
Leader by any of its Authorized Agents or the Legal Representative, shall indicate the name of the persons who shall have access to the Data Room. The Project Leader shall timely coordinate the effective organization of visits to the Data Room.
b) Non-Disclosure Agreement
The Authorized Agents must sign the Non-Disclosure Agreement that is included in Form 4 of Annex N° 8, in order to have access to the Data Room.
c) Content of information of Data Room
The information of the Data Room is indicated in Appendix 1 of Annex N° 8.
Any document that is incorporated to the Data Room must be communicated through Circular.
28 Concession of the Longitudinal de la Sierra Highway Section 4
d) Request of Interviews All Bidders, through the Authorized Agents and/or Legal Representatives, as appropriate, shall be entitled to request interviews with officials of the Committee, the Investment Promotion Director or the Head in Road Topics until the day before the deadline for submission of Envelope No. 1 and, in the case of Preshortlisted Bidders may do so until a day before the submission of Envelope No. 2 and No. 3.
e) Limitations of Liability i. Independent decision of Bidders
All Preshortlisted Bidders should base their decision to submit Envelope No. 2 and Envelope No. 3 in their own investigations, surveys, inspections, visits, interviews, analysis and conclusions on the information available and that it has particularly sought, in own and sole risk.
ii. Limitation of Liability The State or any agency, PROINVERSION, the Committee, the consultants or the advisers are not responsible, do not guarantee, express or implied, the completeness, integrity, reliability or truthfulness of the information, verbal or written, which is supplied to the effects of the bid or inside it. Therefore, none of the persons participating in the bid may attribute responsibility whatsoever to any of the aforementioned parties or their representatives, agents or employees for the use that may be made of such information or for any inaccuracies, failure, defect, lack of updating or any other cause not expressly contemplated herein. iii. Scope of Limitation of Liability
The limitation indicated in Section 10.2 e)ii. includes, the widest possible, all the information related to the bid that is effectively known, the information not known and the information that in any time should be known, including the possible errors or omissions contained therein, by the State or any agency, organism or official of it, or by PROINVERSIÓN, the Committee or its advisors. Likewise, said limitation of liability includes all the information, whether or not supplied or prepared, directly or indirectly, by any of the aforementioned parties.
The limitation of liability also extends to all information available in the Data Room, as well as that supplied through Circulars or any other form of communication, which is acquired during visits to the facilities related to the bid and which is mentioned in these Bid Terms, including all its Forms and Annexes.
29 Concession of the Longitudinal de la Sierra Highway Section 4
f) Acceptance by the Preshortlisted Bidder of the provisions of Section 10e) The mere filing of Forms provided in the Bid Terms, shall be, without any further act, the acceptance of all the provisions in 10.2 e) by the Bidder and, where appropriate, of the concessionaire and his irrevocable and unconditional resignation, in the most comprehensive manner permitted by the Applicable Laws, to raise any action, counterclaim, exception, claim, demand or request for compensation against the state or any agency, organism or official thereof, or by PROINVERSION, the Committee, or it or the advisers.
11. SUBMISSION OF ENVELOPES Nº 1, Nº 2 AND Nº 3
11.1 Submission Any document that is submitted by a Bidder, in excess of the requirements of Envelopes No. 1, No. 2 and No. 3 will not be considered for purposes of the respective assessment.
11.2 Submission of general documentation for Presho rtlisting
(Envelope Nº1) The submission of documentation for preshortlisting contained in Envelope Nº 1, will be held in the offices of the Committee located at the building at Av. Enrique Canaval Moreyra Nº 150, San Isidro - Lima, Peru, within the term indicated in ANNEX ANNEX N° 1 1.
The submission of Envelope Nº 1 will be held before the Committee or before the persons it shall appoint, in presence of a Notary Public, in the terms indicated in the Schedule.
11.3 Submission of Envelopes Nº 2 and Nº 3
The Bidder must submit Envelope Nº 2 and Envelope Nº 3, in the offices of PROINVERSION located in the building at Av. Enrique Canaval Moreyra Nº 150, San Isidro, Lima, Peru.
The submission of Envelopes Nº 2 and Nº 3 will be held before the Committee or before the persons it shall appoint, in presence of a Notary Public, on the date, hour and place indicated through a Circular.
11.4 Submission of Envelopes by Authorized Agent or Legal
Representative Envelopes Nº 1, Nº 2 and Nº 3 may only be submitted personally by one of the Authorized Agents or by the Legal Representative of the Bidder. Documents that are sent by mail, fax or any other communication will not be accepted nor received.
11.5 Language
Unless expressly stated otherwise, all documents must be submitted in Spanish or accompanied by a simple translation into Spanish. If any
30 Concession of the Longitudinal de la Sierra Highway Section 4
discrepancy between the texts in both languages is noticed, Spanish text shall prevail.
11.6 Original Documents and Copies
Documents that integrate Envelopes No. 1 and No. 2 shall be submitted in original or legalized copy by a notary, in two envelopes duly marked "Original" and "Copy". The documents making up the envelope marked "Copy" must correspond to the single copy of the documents comprising the envelope marked "Original". The document that integrates the Envelope No. 3 must be submitted in original, in two copies of envelopes duly marked "Original" and "Copy" on the first page. The document that integrates the envelope marked "Copy" must correspond to a single copy of the documents comprising the envelope marked "Original".
In case the Bidder or its members come from a contracting member country (signatory) of the “Agreement Abolishing the Requirement of Legalization of Foreign Public Documents” adopted on October 5, 1961 in the City of The Hague, Kingdom of the Netherlands, approved by Legislative Resolution No. 29445 and ratified by Supreme Decree No. 086-2009-RE, and if those documents had been issued abroad must comply only with the conditions established in the said agreement, provided the respective country built has not maintained the accession of Peru.
11.7 Form of Submission of Envelopes Nº 1, Nº 2 and Nº3
The envelopes must be submitted closed and clearly marked on their obverse with the name of the Bidder and with the indications "Envelope Nº 1", "Envelope Nº 2" or "Envelope Nº 3", respectively.
All documents submitted in Envelopes must be perfectly legible and shall be clearly paged, in a correlative way and initialed on each page. It also should include a detailed list of all the documents included in each Envelope. In case of any discrepancy between a figure expressed in numbers and in letters, the figure expressed in letters shall prevail.
11.8 Cost of preparation and submission
The Bidder shall bear all costs or expenses, direct or indirect, incurred in connection with the preparation and submission of Envelope No. 1, No. 2 and No. 3, as appropriate. The State or any agency, body or official thereof, or PROINVERSION, the Committee, or advisors shall not be liable in any way for those costs, regardless of the way the bid is made, the result of it, or if It is suspended or canceled.
31 Concession of the Longitudinal de la Sierra Highway Section 4
12. REQUIREMENTS FOR PRESHORTLISTING: CONTENT OF ENVELOPE Nº 1 (CREDENTIALS)
12.1 General Information Legal persons or consortia may participate in this bid.
A legal person directly or indirectly, individually or through a consortium cannot participate in more than one Bidder. The amount of the right to participate in the bid and to submit Envelope Nº 1, is One thousand and 00/100 American Dollars (US$ 1,000.00). This amount is not refundable. The Bidder, who decides to do not participate in the bid, may transfer the right to participate to a legal person of its group or to a third party. For this purpose, the acquirer of said right must submit in Envelope Nº 1 a communication by which the transfer on its behalf is credited, with legalized signature of the grantor.
The Bidder must demonstrate its commitment to submit accurate information, by filing Form 1 of Annex 2, which shall be considered Affidavit. The Affidavit must be submitted to the Committee by simple document signed by the Legal Representative of the Bidder, whose signature must be authenticated by a Notary Public or by the Consul of Peru in the country where it is domiciled.
The Committee reserves the right to verify the accuracy of all documentation submitted by the Bidder during the different stages of the bid, without involving in any way limiting the Bidder's responsibility for the possible failure or lack of veracity of the data or information presented.
The lack of veracity or failure in data or information submitted by the Bidder in this bid, will cause the Committee to disqualify it at any stage.
12.2 Requirements of Preshortlisting of the Bidder
The Bidders for purposes of Preshortlisting must comply with the following requirements:
a) Operation Capacity For purposes of crediting the operation preshortlisting of the Bidder, in accordance with the requirements stated below, you must file Form 2 and Form 3 of Annex 2 and also submit original or a copy of the relevant supporting documentation of the information presented. In case of consortia, the experience in operation must be demonstrated by the Strategic Partner.
In order to prove the operation capacity established in the Bid Terms, you must take into account the following provisions:
32 Concession of the Longitudinal de la Sierra Highway Section 4
i. The Bidder must prove that in the last ten (10) years, it is operating or has operated one or more asphalted road concessions that add at least 100 kilometers, or that over the past five (5) years is operating or has operated one or more asphalted road concessions that add at least 50 kilometers; in both cases, they will be counted considering the extension of the two directions of the way, whenever you try different roads (highway) and for a period of two (02) years accumulated. In no case the Concessions must have expired by the Operator responsibility.
ii. The Bidder or a member thereof, in case of a Consortium, that
seeks to invoke his participation in previous projects, for the purposes of demonstrating compliance with the requirements of operation laid down in these Bid Terms must prove:
• Have taken part with a minimum of twenty percent (20%) in
the company or consortium that was formed to operate the concession.
Such participation may also be accredited through subsidiaries of the Bidder or member thereof in case of a Consortium, stating the experience, provided that the Bidder or Consortium member should have actual control in the subsidiary.
• Have kept a contractual relation for the operation of a concession.
In any case the concession contracts or another kind of contractual operation relationship must have expired by the Concessionaire or operator responsibility.
b) Legal Requirements The Bidder, in case of a legal person or a consortium of legal persons, must submit or prove the following:
i. Certified copy of the founding document of the Bidder in the case
of a legal person; in case of a Consortium, a certified copy of the founding document of each of its members is required.
ii. Accreditation of the existence of legal person with document
issued in the last ninety (90) calendar days to the preshortlisting date by the corresponding authority of the country of origin of the Bidder, and the submission of Form Form 1A of Annex N° 3.
iii. In case the Bidder is present in Consortium in addition to the
obligation to comply with the above requirements, the Bidder must submit an affidavit signed by the Legal Representative and the Legal Representatives of each of the members of the Consortium, confirming its existence and solidarity in respect of
33 Concession of the Longitudinal de la Sierra Highway Section 4
the obligations assumed and affidavits, drawn up according to the model attached as Form 1B of ANNEX No. 3.
iv. An Affidavit, according to the model that appears in Form Form
2A and Form Form 2B of ANNEX N° 3, as appropriate, signed by the Legal Representative of the Bidder, indicating the percentage of participation corresponding to each one of its shareholders or partners. In the case of Consortia, said information shall also be required regarding each one of its members, as appropriate.
v. That the Bidder, or one of its shareholders or member Partners,
or a Related Company to the Bidder or to one of the shareholders or Partners or members, has been the person who paid or acquired through an assignment of rights, the right to participate in the bid. To prove this, it shall be enough to submit a legalized copy of the payment voucher of said right or the communication by which the transfer in its favor is credited, according to Section d) of Clause 12.2, as appropriate. Additionally, an Affidavit must be submitted that explains the way of acquisition of the right of participation.
vi. To have a Legal Representative according to the requirements
established in Section 9.2, accrediting him through the submission of a legalized copy of the corresponding power.
vii. That the Bidder, or its members in case the Bidder is a
Consortium: i) are not sanctioned administratively with temporary or permanent disqualification from exercising their rights to participate in the selection processes summoned by state agencies or for hire with the State; ii) are still CONCESSIONAIRE for breach of a concession contract concluded with the State of the Republic of Peru, signed under the framework of the promotion of private investment referred in the TUO of Concessions approved by Supreme Decree 059-96-PCM or No. 28059, Framework Law of Decentralized Investment. To this end, the Bidder will need to subscribe, through its Legal Representative, an affidavit conforming to the model attached as Form 3 of Annex 3.
Once awarded the bid, such requirements must be met in turn by members of the CONCESSIONAIRE signing the contract.
viii. An affidavit expressing that the Bidder waives to invoke or
exercise any privilege or diplomatic immunity or another, or claims through diplomatic channels and any claim that could be invoked by or against the State or its agencies; PROINVERSIÓN; the Committee, its members, advisors and consultants, under Peruvian law or under any other law with
34 Concession of the Longitudinal de la Sierra Highway Section 4
respect to its obligations on the Bid Terms, the Economic Proposal, Technical Proposal and the Contract.
Said Affidavit must be submitted according to Form 4ª or Form 4B of ANNEX N° 3, according to the following:
• • Form 4A of ANNEX No. 3 for that Bidder who has not listed its shares on stock exchange. In case of Consortium, it will be submitted only by those members of the Consortium who do not have their shares listed on stock exchange.
• Form 4B of ANNEX N° 3 for that Bidder who has not listed its shares in stock exchange. In case of Consortium, it will be submitted only by those members of the Consortium who have their shares listed on stock exchange.
If it is a Consortium composed by companies listed and not listed in the stock exchange, it shall correspond for both forms, according to the provisions above.
ix. An affidavit drawn up according to Form 5 of Annex 3, duly
signed by the Legal Representative of the Bidder through which it is expressed that the advisers of the Bidder have not directly supplied any kind of services in favor of PROINVERSION and the Committee, either full-time, part-time or temporary kind, in connection with this process of promoting private investment in the last year computed from the date of preshortlisting.
x. An affidavit by which the Bidder declares not having direct or
indirect interest in any other Bidder, according to Form 6A or Form 6B of Annex 3, as applicable:
• Form 6A of ANNEX N° 3 for that Bidder who has not listed its shares in the stock exchange. In case of Consortium, it shall be only submitted by those members of the Consortium who have not listed their shares on the stock exchange.
• Form 6B of ANNEX N° 3 for that Bidder who has list ed its shares in the stock Exchange. In case of Consortium, it shall be only submitted by those members of the Consortium who have listed their shares on the stock Exchange.
If it is a Consortium composed by companies listed and not listed in the stock exchange, it shall correspond for both forms, according to the provisions above.
xi. Incorporation Commitment
The Bidder and each of its members, in the case of a consortium must submit according to Form 7 of Annex 3, an Affidavit of their intention to constitute a concession in Peru, the
35 Concession of the Longitudinal de la Sierra Highway Section 4
same which may take any of the corporate modalities regulated by the General Corporations Act.
In the shareholder structure of the CONCESSIONAIRE, the Strategic Partner must have and maintain a minimum participation that may never be less than 35%.
The Bidder or member of the Consortium that has accredited the operational requirements during the bid and which is formed as the Strategic Partner must have and maintain its Minimum Participation up to two years following the completion of the Rehabilitation and Improvement and the Initial Periodic Maintenance from which it may transfer or assign the conditions laid down in the Concession Agreement.
Those who are themselves within the scope of Article 1366 of the Civil Code may not be Bidders.
c) Financial Requirements
The Bidder must prove the compliance of the following financial requirements:
i. The Bidder must demonstrate that he has a minimum net worth of ________ _________ thousand and 00/100 million US Dollars (US $ ___'___, 000.00).
i. The Bidder must demonstrate that he has total assets for a minimum of ______ million ______ thousand and 00/100 American Dollars (US$ _____,000.00).
ii. In case the Bidder is a consortium, the Strategic Partner must demonstrate that he has a minimum net worth of ___ million thousand and 00/100 American Dollars (US$ ,000.00)
iii. In case the Bidder is a consortium, the Strategic Partner must demonstrate that he has minimum total assets of ___ million thousand and 00/100 American Dollars (US$ ,000.00)
iv. In case the Bidder is a consortium, each member must demonstrate that they have a minimum net worth of ___ million thousand and 00/100 American Dollars (US$ ,000.00)
v. In case the Bidder is a consortium, each member must demonstrate that they have minimum total assets of ___ million thousand and 00/100 American Dollars (US$ ,000.00)
vi. The bidder or one of its members, should report credit rating for financial strength that is consistent with the implementation and financing of the project considering the referential investment project published in PROINVERSION's website.
36 Concession of the Longitudinal de la Sierra Highway Section 4
The financial information referred to in this section may be submitted in Spanish or in English language, requiring simple translation in this case and should be submitted in accordance with Form 1 of Exhibit 4, signed in original by the Legal Representative. The Bidder must provide either their own financial figures or their members, in case of Consortium, those of their shareholders, or the company related to them. The Bidder shall also submit information according to the Form 2 of Exhibit 4.
In addition, they must present respective audited financial statements of the three (3) years available or similar documents, of the Bidder or its members, in case of a consortium or the corresponding Related Companies of the Bidder, if applicable.
A member of the Bidder constituted less than three years will not require submission of financial statements, because it does not consider its contribution to the accreditation of the minimum net equity.
vii. A reference letter (Form 3 of Annex 4) issued by a Banking
Entity or an International Financial Institution under the listing 1 or Listing 2 of Annex 1 to the Bid Terms, indicating the seniority of the Bidder as customer creditworthiness shall be included.
The reference letters may be issued in favor of the Bidder, of any of its members, in case of Consortium, of its shareholders or partners, or of the related companies to them.
d) Verification of information submitted to the Committee
From the submission of the documentation referred in Section 11.2 and until the date of signing the contract, the Bidder agrees to make available to the Committee all documents that may be requested by it, in order to verify the veracity of the documents submitted in accordance with this section.
13. SUBMISSION OF THE CONTENT OF ENVELOPE Nº 1 AND PRESHORTLISTING RESULTS
13.1 Submission of the content of Envelope N° 1 a) The Bidders shall submit their envelopes No.1 prior appointment,
within the period specified in the Schedule (Annex No. 11). b) Envelope No. 1 will be received by the Committee or by an
Assessment Commission of Envelope No.1 appointed by the Committee, and will be opened in the presence of a Notary Public. The minutes shall record the submission of the Bidder and the number of pages of the documentation included in that Envelope 1.
37 Concession of the Longitudinal de la Sierra Highway Section 4
c) In the minutes referred in the preceding paragraph, shall record the reception of documents contained in Envelope Nº 1 and the objections that the Bidder formulates.
d) If any of the documents requested in Envelope No. 1 are missing, it
will be returned and may be resubmitted according to indications made in the preceding paragraphs, leaving a record in the minutes mentioned in the previous paragraph.
e) After the ceremony of opening of Envelope No. 1, the Bidder will not
have information concerning any qualification thereof, until the Committee's decision has been made known to the bidder.
13.2 Assessment of the content of Envelope N° 1
a) If it is found the existence of correctable errors (defects in shape, clarification) of Envelope No. 1, in the view of the Assessment Commission, it will urge the Bidder in writing to remedy or meet the objection, giving the relevant period which may not exceed the maximum term specified in Annex No. 11.
b) Additionally, in order to facilitate the review, verification and data
comparison and requirements, the Assessment Commission of Envelope No. 1 may ask any bidder to clarify the information contained in Envelope No. 1, without implying any modification of contents. The request for clarification and the response shall be in writing, in accordance with the provisions of the preceding paragraph.
d) Within the time limit specified in the Schedule, the Committee, on a
proposal from the Assessment Commission of Envelope No. 1 shall issue its decision determining the Preshortlisted Bidders to participate in the following stages of the bid.
13.3 Simplification Mechanism
The Simplification Mechanism in the submission of the documentation required in the Preshortlisting Envelope (Envelope No. 1), shall operate according to the following rules:
a) The Bidder shall request the Investment Promotion Direction a
"Certificate of Good Standing of Preshortlisting Documents/ Credentials" indicating that documentation submitted in any other process for the purposes of preshortlisting or presentation of credentials, and the date of submission of such documentation. This certificate will not be issued in respect of that documentation under the Committee with more than two years.
b) The bidder that submitted preshortlisting documents or credentials in
a particular process will only be obliged to submit for the purpose of applying for preshortlisting or submit credentials in another process: i) the Certificate of Good Standing of Preshortlisting Documents; ii)
38 Concession of the Longitudinal de la Sierra Highway Section 4
an affidavit stating that the documentation referred to in the "Certificate of Good Standing of Prequalification Documents/ Credentials" is still valid, according to Form 4 of Annex No. 2; iii) any new or additional documentation regarding the previously submitted in accordance with the requirements of each one of the Bid Terms; iv) proof of payment of the Right of Participation and, v) the validity of power of attorney of the Bidder and of each of its members in case of consortium.
The Committee or the Assessment Commission, as appropriate, shall verify the validity of the affidavit and its applicability to the preshortlisting process to which it is subjected, and shall proceed to the respective assessment in accordance with the provisions of the Bid Terms.
13.4 Announcement of Preshortlisted Bidders
a) The Committee, within the term for preshortlisting, indicated in ANNEX ANNEX N° 11 will inform each Bidder, the resu lt of the preshortlisting process through written communication.
b) Any Preshortlisted Bidder may form a consortium until the date
specified in the Bid Schedule. Also in that period the Preshortlisted Bidders as Consortium may make changes in their composition. In either case they may be associated with other Preshortlisted Bidders or with third parties. The new Consortium on the term foreseen in the schedule, must meet the preshortlisting requirements submitting the prequalification documents for the purpose required by the Bid Terms.
c) Changes should be made to the Committee within the indicated
deadline, which reserves the right to accept these changes.
d) In case any member of a Preshortlisted Bidder as Consortium decides to withdraw from it, must inform the Committee, within the term established in the Bid Schedule. To this end, the Preshortlisted Bidder must submit another legal person to replace him, only to the extent that the members to remain in the Preshortlisted Bidder do not meet the preshortlisting requirements; if it is the case, the Preshortlisted Bidder will put under the consideration of the Committee, the new member for its assessment, within that time period, in case the Preshortlisted Bidder does not present the new member, its preshortlisting will lapse for the bid, which will be communicated by the Committee.
e) The decision of the Committee regarding the preshortlisting will be
final and shall not be challenged. 14. CONTENT OF ENVELOPES Nº 2 AND Nº 3
39 Concession of the Longitudinal de la Sierra Highway Section 4
14.1 Content of Envelope Nº 2: Technical Proposal
a) The documents to be submitted in Envelope Nº 2 will be integrant part of the Concession Contract, and shall have binding nature.
b) In the event that is missing any of the documents listed below, the Committee will consider Envelope No. 2 as not submitted. Only the correction of errors or defects of not substantial character in the documents comprising the Envelope No. 2 shall proceed.
c) Envelope N° 2 with the Technical Proposal must c ontain the
following:
Document Nº 1: Affidavits The Bidder must submit the following Affidavits:
i. Affidavit (Form 2 of ANNEX 5) by which it must provide the
information, representations, certification and, in general, all information submitted in Envelope No. 1 remains in effect on the date and shall remain in the same way until the Contract Subscription Date.
ii. Affidavit (Form 3 of ANNEX N° 5) of having made the recognition
of the Road Sub Sections subject matter of the concession, and commitment to comply, with the execution of the Rehabilitation and Improvement and the Initial Periodic Maintenance according to the Final Engineering Study and Environmental Impact and to the technical files formulated by the CONCESSIONAIRE and approved by the GRANTOR in due time.
iii. Affidavit (Form 4 of ANNEX N° 5) to assume the commitment to
comply with the recommendations of road security approved by the regulations in force.
Document Nº 2: Acceptance of the Bid Terms and Cont ract The Bidder must submit an affidavit indicating that it knows the Bid Terms and Circulars and accepts the final version of the contract to be delivered on the date indicated in ANNEX No. 11 and agrees that in the case of been the Awardee, the Concession Contract will be signed by the incorporated Concessionaire according to indications made in Section 12.2, subparagraph b) xi.
This document must be submitted according to the model included as Form 5A of ANNEX No. 5, if the bidder has not listed its shares on a stock exchange or according to Form 5B of Annex 5, in the case of companies that list on any stock exchange, as appropriate.
Document Nº 3: Concession Contract
40 Concession of the Longitudinal de la Sierra Highway Section 4
A copy of the Concession Contract endorsed on each of its pages by the Legal Representative of the Preshortlisted Bidder in acceptance of the terms and conditions thereof.
Document Nº 4: Guarantee of Validity, Validity Term and Seriousness of the Proposal The Bidder shall guarantee the validity, validity term and seriousness of the Technical and Economic Proposal and must submit a guarantee under the terms stated in Section 2.38 and in accordance with the model in Form 1 of Annex 5 of the Bid Terms. The Bidder shall guarantee the validity, validity term and seriousness of the Technical and Economic Proposal, and must submit a guarantee in the terms stated in Section 2.38 and according to the model indicated in Form 1 of ANNEX N° 5 of the Bid Terms.
14.2 Content of Envelope Nº 3: Economic Proposal
a) The documents to be submitted in Envelope Nº 3 will be an integral part of the Concession Contract, to which it shall be automatically incorporated and shall have binding nature.
b) The Committee shall timely communicate, through a Circular, the
referential PRM, PAMPI and PAMO that must be considered as competence factor by the Preshortlisted Bidders in their Economic Proposal.
c) The amounts to be consigned by the Bidders in their Economic
Proposal of Annex N° 6, must be in integer numbers and must be within the references established by the Committee for the proposals of PRI, APIPM and APMO. Otherwise, the Economic Proposal shall not be considered as valid.
d) Envelope N° 3 with the Economic Proposal will be submitted
according to Form 1 of ANNEX N° 6, expressing its p roposal, and must contain the following: i. Payment for Rehabilitation and Improvement (PRI): Economic
proposal submitted by the Bidder for payment of concept referred in Section 2.55.
ii. Annual Payment for Initial Periodic Maintenance (APIPM):
Proposal submitted by the Bidder for payment of the concept referred in Section 2.52.
iii. Annual Payment for Maintenance and Operation (APMO):
Economic Proposal submitted by the Bidder for the concept of payment referred in Section 2.53.
41 Concession of the Longitudinal de la Sierra Highway Section 4
e) In case of tie the Preshortlisted Bidders shall submit Form 2 of Annex N° 6 according to the provisions set forth in Section 14.2 of the Bid Terms.
f) The Economic Proposal must be in force, as minimum, until one hundred and twenty (120) calendar days after the date of submission of envelopes N° 2 and N° 3. Economic Pro posals that have a lesser effectiveness than required shall not be accepted.
g) For purposes of this bid, the submission of envelope Nº 3 is an
irrevocable Economic Proposal, with the submission of the Preshortlisted Bidder who submits it, without exception, to all the terms and conditions of the contract.
15. ACTS OF RECEPTION OF ENVELOPES Nº 2 AND Nº 3 AN D OPENING OF ENVELOPE Nº 2.
15.1 Act of submission of Envelopes Nº 2 and N° 3 a nd Opening of Envelope Nº 2
a) The submission of Envelopes Nº 2 and Nº 3 must be made according to the general rules foreseen in Section 0 of these Bid Terms. Without prejudice of it, the Committee shall grant thirty (30) minutes of tolerance for its submission. In case that all Preshortlisted Bidders are present before the President of the Committee or the person who replaces him, before elapsing the tolerance term, the Committee may begin the act.
b) The President of the Committee or the person who replaces him will
receive Envelopes No. 2 and No. 3 in the presence of a notary, who in each case, shall proceed to the opening of Envelope No. 2, in the order they were submitted by the Preshortlisted Bidders.
c) Opened Envelope No. 2, the Notary shall initial and seal all pages of
the documents contained therein and shall deliver them to the Committee for further evaluation, which shall be taken as provided in Section 15.2.
d) Envelope No. 3 unopened shall remain in custody of the Notary
Public until the opening of Envelope No. 3, under the Schedule (Annex No. 11).
e) The Notary Public shall prepare a minutes, in which it shall be
evidenced the reception of Envelopes Nº 2 and Nº 3 and opening of Envelope Nº 2, which shall be signed by the members of the Committee and the Bidders who want to do so.
42 Concession of the Longitudinal de la Sierra Highway Section 4
15.2 Assessment of content of Envelope Nº 2 a) The documents contained in Envelope Nº 2 will be analyzed by the
Committee, or by an Assessment Commission of Envelopes Nº 2 to be appointed. The Committee, shall issue an opinion about the documents submitted by the Bidders.
b) If the Committee or the Assessment Commission of Envelopes No. 2 determines that any defect to remedy or not substantial would exist, in respect of any of the documents contained in Envelope No. 2, the Preshortlisted Bidder shall be informed, who, in the period to be granted, shall remedy the defects incurred. In any case the failure to submit any of the documents that must be contained in Envelope No. 2 shall be deemed rectifiable defect.
c) Any document of Envelope No. 2 that is submitted conditionally shall be considered invalid.
d) The results of the assessment of Envelopes No. 2 will be recorded
in the minutes of assessment that will be signed by the members of the Assessment Commission of Envelopes 2 and shall be given to the PROINVERSION Committee, who after assessment shall declare accepted or not accepted the Envelopes No.2.
e) The result of assessment of Envelopes Nº 2 will be informed to the Preshortlisted Bidders according to Section 16.1 of the Bid Terms.
f) The decision of the Committee about the results of qualification of
Envelopes Nº 2 is final and shall not give rise to any claim or objection by the Bidders.
g) Only the Bidders, whose Envelopes N º 2 have been accepted by
the Committee, shall pass to the following stage of the bid, which is the opening of Envelope Nº 3.
16. OPENING OF ENVELOPE Nº 3 AND AWARD
16.1 Opening of Envelope N° 3 a) In the presence of a Notary Public, in the place and time set, the
President of the Committee or his representative will begin the act of opening of Envelope No. 3 and Award, informing the attendees the results of the assessment of Envelopes No. 2.
b) The Notary Public shall open the sealed package of Envelopes No. 3 (taken into custody) after verification by the Legal Representatives of the Bidders who wish to do so.
43 Concession of the Longitudinal de la Sierra Highway Section 4
c) The President of the Committee or his representative shall perform the return of unopened envelopes No. 3, of the Preshortlisted Bidders whose Envelopes No. 2 have not been declared accepted.
d) Then, the Notary Public shall proceed to open the Envelopes Nº 3 of
Preshortlisted Bidders whose Envelopes Nº 2 have been declared accepted and the President of the Committee or his representative shall read its content, verifying that the proposals adjust to the provisions of the Bid Terms.
e) If any of the Economic Proposals contained in Envelope Nº 3, do
not comply with the requirements established in these Bid Terms, said Economic Proposal will not be considered by the Committee as a valid Economic Proposal.
f) Any document of Envelope No. 3 which is submitted conditionally
shall be considered invalid. g) Then, the President of the Committee or his representative will
announce those valid Economic Proposals submitted in accordance with the provisions of Form 1 of Annex 6, or as the case may be of the valid Economic Proposals valid submitted in Form 2 ANNEX No. 6.
16.2 Assessment of Envelope N° 3
a) The Committee shall assess the Economic Proposals of Bidders as
follows:
b) Tie of Economic Proposals i. In the event of a tie after the assessment mentioned in the
previous paragraph, the Preshortlisted Bidders who tied will have a term of up to one (01) hour to submit a new Economic Proposal, according to Form 2 of ANNEX No. 6, which shall be better than originally filed, otherwise it shall be considered as invalid proposal.
ii. In case of another tie, it will be decided by lot, conducted by the
Public Notary and in the same act, using for this purpose an urn with bowling numbered 1 to 30. The winner of the raffle will be the Preshortlisted Bidder who removes the bolus with greatest number.
44 Concession of the Longitudinal de la Sierra Highway Section 4
iii. In case of submission of new proposals, the formula indicated in Section 16.1 shall be applied.
iv. The Preshortlisted Bidder submitting a new Economic Proposal
must do so by delivering a new Envelope No. 3 according to Form 2 of Annex No. 6. The forms submitted must be duly signed by the Legal Representative of the Preshortlisted Bidder.
v. If the Preshortlisted Bidders do not present a new Economic
Proposal, or it is not valid, the previously filed Economic Proposal will be considered as valid.
16.3 Award It is the statement made by the Committee determining which of the bidders has submitted the best proposal in the terms and conditions set forth in these Bid Terms and that has won the concession according to the result obtained after the assessment specified in Section 16.2.
16.4 Drawing up the Minutes Once the award procedure is concluded, the Public Notary shall draw up the minutes of opening of Envelope No. 3 and Award, the same that shall contain among other(s) the Economic proposals of the bidders who participated in this event and the final result obtained, expressed in descending order from the best financial offer. The minutes shall be signed by the Committee members or their representative, the Awardee and other Preshortlisted Bidders who wish to do so.
16.5 Challenge
a) Challenge Procedure Any Preshortlisted Bidder whose Envelope No. 2 has been approved by the Committee and has submitted a valid Economic Proposal, may file a legal challenge before the Committee against the award. This challenge shall be recorded as an objection in the minutes of opening on Envelope No. 3, and must be properly supported, in writing, within a maximum period of eight (8) days following the award. The Committee shall resolve such challenge within a maximum period of ten (10) days from the date of filing of the challenge.
b) Against the decision of the Committee, the Preshortlisted Bidder concerned may file an appeal before the Steering Council of PROINVERSIÓN within three (03) days after the receipt charge. The appeal may also be filed against the implied resolution of challenge rejection in the event that, the deadline of ten (10) days for the Committee to solve the submitted challenge has expired, and it has not issued the corresponding resolution. In the latter case, the deadline for filing an appeal is calculated from the day following to the expiration of the said period of ten (10) days.
45 Concession of the Longitudinal de la Sierra Highway Section 4
c) The appeal against the express or implied resolution of the
Committee shall be decided by the Steering Council of PROINVERSIÓN within thirty (30) days counted since its filing. The resolution at second and final instance shall be final and binding.
d) Any Preshortlisted Bidder recurrent expenditure, which may arise in the process of challenging of the award, will be sole responsibility of the Bidder.
e) Challenge Guarantee
i. No challenge is considered validly filed and be without any effect unless, within three (03) days from the date of the award, the challenging Bidder submits to the Committee a joint, irrevocable, unconditional bank guarantee, without benefit of excussio or division and automatically enforceable, according to Form 3 of Annex 6, in favor of PROINVERSIÓN. This bank guarantee must be issued by a Banking Company, as listed in List 1 of Annex No. 1, and the amount will be the equivalent of one percent (1%) of the sum of the amounts of referential Rehabilitation and Improvement and Initial Periodic Maintenance of the project.
ii. Such challenge guarantee will be executed by
PROINVERSION, if the corresponding Resolution declares unfounded or inadmissible the appeal filed by the Bidder; also, if that against this resolution, the Bidder does not submit the corresponding appeal within the period specified in paragraph 16.5 b), the award shall be permitted granted by the Committee. If the challenge or the appeal filed is well founded, the challenge guarantee will be returned to the respective Bidder, not generating interest in its favor.
iii. The challenge guarantee period referred to in this section shall
be from the day this guarantee is submitted until (60) days after said date.
16.6 Not Awarded Bid
If you have not received at least two (02) valid Technical and Economic Proposals that comply with the instructions provided in these Bid Terms, the bid will be declared void by the Committee, which may convene a new bid on a new date, in sole discretion. This decision is not challengeable.
17. ACTIONS BEFORE THE CONTRACT SUBSCRIPTION DATE
17.1 Experience of Constructor
a) It shall not be necessary to prove the experience of the constructor to be declared as Preshortlisted Bidder.
46 Concession of the Longitudinal de la Sierra Highway Section 4
b) The accreditation of the experience of the constructor, will be from the date of the award until 30 calendar days after that date. The corresponding assessment will be conducted by the Assessment Commission of Envelope No. 1.
c) Requirements
i. The constructor must prove that it has executed in the last fifteen (15) years at least 100 km between "new road works", "rehabilitation" and/or "improvement", and can accumulate the extension of both directions of the way, just in case of different roads (highway).
ii. Of the total length of accreditation required to the constructor
in the previous paragraph, it must have executed at least 10% in excess of 2,400 m.a.s.l.
iii. In the case of crediting their experience with works projects
under implementation, you should indicate progress in km completed at the date of submission of Envelope No. 3.
iv. The constructor who seeks to invoke his participation in
previous projects, for the purpose of demonstrating compliance with the building requirements pursuant to these Bid Terms, he shall demonstrate having participated at least twenty percent (20%) in the company or Consortium It was established for the execution of the work.
d) Accreditation
i. Accredited technical experience should be supported by simple copy of execution of works certificates issued by their contractors.
ii. To demonstrate the experience of the constructor, the
Awardee, before a Notary Public, prior coordination with the Project Leader in Road issues, must submit the following documents, according to the corresponding case:
• By the Awardee Form 1 of ANNEX N° 7. If the Awardee is a consort ium,
he may demonstrate through one or more of its members, in case of the latter he should make it through different works.
• By a third party different from the Awardee Form 1 of ANNEX N° 7. Form 2 and Form 3 of ANNEX N° 7.
iii. If the Awardee directly wants to prove his quality of
constructor, Form 2 and Form 3 of Annex No. 7 are not required, only submit Form 1 of Annex No. 7.
47 Concession of the Longitudinal de la Sierra Highway Section 4
iv. The Bidder must submit in original or simple coy the
accreditations corresponding to the experiences indicated in Form 1 of ANNEX N° 7.
v. The documents submitted by the Awardee may be corrected at
the request of the Assessment Commission within a deadline set by the Commission which does not exceed ten (10) calendar days from the following day of receipt of the request for correction.
vi. If the constructor does not qualify, the Awardee shall submit
another constructor in order to be qualified under the above conditions, no later than ten calendar days from the day on which he was informed of the disqualification of the presented Builder.
vii. In case this second constructor, does not qualify, the
Guarantee of Validity, Validity Term and Seriousness of the Proposal shall be executed, according to Section 19.
viii. The Committee, if the constructor does not qualify, by
agreement, shall be entitled, but shall not be obliged, to accept the proposal of the Bidder who submitted the second best proposal in the Economic Proposal or otherwise cancel the bid.
ix. If the committee chooses to accept the second best proposal
in the Economic Proposal, it shall notify the Bidder holder of such proposal, communicating its decision to declare the new Awardee. To be the case, the new Awardee shall extend the term of its Guarantee of Validity, Validity Term and Seriousness of the Economic Proposal for the term that the Committee shall communicate, otherwise, the Committee may execute said guarantee, canceling the bid.
x. The option chosen by the Committee, shall be communicated
to the Preshortlisted Bidders through Circular, which shall include the information corresponding to the agreed election.
xi. For the accreditation of the experience of the constructor of the
new Awardee Section 17.1 shall be taken into account.
17.2 Suspension or Cancellation of the Bid The bid may be suspended, canceled or rescinded at any time, even before the date of signing the contract, without expressing any reason, if the committee deems it appropriate, without incurring any liability. This decision is not challengeable.
48 Concession of the Longitudinal de la Sierra Highway Section 4
18. CONSTRACT SUBSCRIPTION
18.1 Contract Subscription Date Is the day of subscription of the Concession Contract between the GRANTOR and the CONCESSIONAIRE and will be held before the Committee or its representative in presence of a Notary Public.
It will be communicated promptly by Circular, further indicating the place and time.
18.2 Events on the Date of Subscription of the Cont ract
To carry out the signing of the Concession Contract, previously, in the presence of a notary public, who will certify the acts that this numeral refers to, the following events will take place: a) Accreditation, by the Awardee, of the registration in the
corresponding Registry Office of powers of the Legal Representative of the legal person who shall subscribe the contract.
b) Documentation certifying registration in the corresponding Registry
Office of the Statutes of the legal person who will sign the contract, the same shall have been incorporated in Peru, at least with the same shareholders or members in case of consortium and respecting the Minimum Participation of the Strategic Partner referred to the Bid Terms. The minimum subscribed capital, its way of integration of capital and opportunity will be according to the terms and conditions set forth in the Concession Contract.
c) Legalized copy by notary of the book entries of registration of
shares or equivalent document, in which the conformation of the shareholding or participations of the concessionaire corporation shall be recorded, on the Contract Subscription Date.
d) Performance Bond of the Concession Contract, referred in Section
2.39 and according to the model considered in the Concession Contract.
e) The CONCESSIONAIRE signing the Concession Contract, must
submit to the Committee, regarding the company and the members of the Consortium, as appropriate, the certificate of not been disqualified from participating in the selection processes or to contract with the State issued by the Supervisor Organism of Contracting with the State-OSCE and to be concessionaire for breach of a Concession Contract. If it is determined the existence of false information, the award will be revoked and shall execute the Guarantee of Validity, Validity Term and Seriousness of the Proposal.
f) Submission of the affidavit in which it is shown that on the date of
signing of the Concession Contract, all information submitted in
49 Concession of the Longitudinal de la Sierra Highway Section 4
Envelopes No. 1 and No. 2 remains in force and is reliable (Form 1 of Exhibit 10).
g) PROINVERSIÓN shall return to the Awardee the Guarantee of
Validity, Validity Term and Seriousness of the Proposal. h) Delivery of listings of movable and immovable property as stated in
the Concession Contract, which will be delivered on the takeover. i) The CONCESSIONAIRE must submit a written commitment to pay
the amount in favor of PROINVERSION, on account of preparatory acts for the process of granting of concessions of the Longitudinal de la Sierra Highway Section 4: Huancayo - Izcuchaca - Mayocc - Ayacucho / Ayacucho - Andahuaylas - Sahuinto Bridge/ Dv. Pisco - Huaytará - Ayacucho, which amount shall be established in the Concession Contract. Payment shall be made no later than thirty (30) calendar days following the date of signing the Contract.
Also, all declaration and verifications should be made as well as the delivery of all documents related on the date of signing the contract stipulated in the Concession Contract.
19. EXECUTION OF THE GUARANTEE OF VALIDITY, VALIDIT Y TERM AND SERIOUSNESS OF THE PROPOSAL
19.1 If the Awardee fails to fulfill any of its obligations under the Subscription Contract Date mentioned in Section 18.2 for reasons attributable to it, PROINVERSIÓN must execute the Guarantee of Validity, Validity Term and Seriousness of the Proposal immediately and without prior notice to the Awardee. The execution of this warranty does not limit or restrict any other right that PROINVERSIÓN might have before the Awardee who failed to comply with its obligations regarding its proposal.
19.2 Without prejudice of the provisions set forth in this section,
PROINVERSIÓN and/or the Committee may initiate all the legal actions permitted by the Applicable Laws as direct or indirect consequence of the non-fulfillment of the original Awardee.
19.3 In such case, the Committee shall have the power, but not the obligation,
to accept the proposal of the Bidder who submitted the second best proposal in the Economic Proposal according to the assessment under Section 16.2.
19.4 If the committee chooses to accept the second best proposal in the
Economic Proposal, it shall notify the Bidder holder of that proposal its decision to declare the new Awardee and, if applicable, request the extension of the term of its Guarantee of Validity, Validity Term and Seriousness of the Economic Proposal for the term to be communicated by the Committee, otherwise the Committee may execute the guarantee, canceling the bid.
50 Concession of the Longitudinal de la Sierra Highway Section 4
19.5 The option chosen by the Committee shall be taken by agreement and
communicated to the Preshortlisted Bidders through Circular.
20. ENTRY INTO FORCE OF THE CONTRACT
The Agreement shall become effective and shall take full legal effect from the Contract subscription date by the GRANTOR and the CONCESSIONIARE.
21. FINAL PROVISIONS
21.1 Applicable Laws These Bid Terms, the documents integrating them, and the contract shall be governed and interpreted according to the Applicable Laws.
21.2 Jurisdiction and competence
Preshortlisted bidders and persons who are members of consortia and the CONCESSIONAIRE shall irrevocably accept and are subject to the jurisdiction of the courts and judges of the city of Lima, Peru, to resolve any conflicts that may arise between them and the State of the Republic of Peru on these Bid Terms, making expressly and irrevocably waiver to any diplomatic claim and all rights to take action of any kind to any other jurisdiction. Does not apply any provision amended, altered or cut the right of the State, of PROINVERSION, the Committee, to initiate any legal action or enforce a judgment obtained in Peru, before the judges and courts in other jurisdictions, waiving the Preshortlisted Bidders and people who are members of consortia, to invoke or exercise any immunity or privilege that may be entitled in such jurisdictions, without reservation or limitation, accepting from now and by the mere fact of participating in the bid, the election of the alternative jurisdiction or jurisdictions made by the State, PROINVERSION, the Committee accordingly.
21.3 Environment The Awardee shall make the studies corresponding to social environment established in the Concession Contract.
21.4 Expenses of the Process
The Awardee is obliged to deposit to PROINVERSIÓN, the corresponding expenses of the process of promotion of private investment foreseen in the Concession Contract.
21.5 Conformity of the Comptroller General of the R epublic
These Bid Terms and the contract resulting from this process should incorporate relevant aspects of the report, if any, issued in due course
51 Concession of the Longitudinal de la Sierra Highway Section 4
by the Comptroller General of the Republic, as appropriate, pursuant to subparagraph of Article 22 of Law No. 27785 that reads:
“Article 22.- Attributions The attributions of the Comptroller General are the following:
L) Inform on operations, deposits, guarantees and other guarantees granted by the State, including the draft contract, which in any way compromise their credit or financial capacity, whether involved in negotiations in the country or abroad.
21.6 Acquisition and Expropriation of Property
It shall be the responsibility of the GRANTOR
21.7 Interferences The relocation of interferences (optical fiber, lighting, communications, etc.) that hinder the execution of the works of the CONCESSIONAIRE will be in charge of the MTC.
52 Concession of the Longitudinal de la Sierra Highway Section 4
ANNEX Nº 1 Form 1
AFFIDAVIT (Notification of information)
(Reference: Section 9.1d) of the Bid Terms)
Bidder: ........................................... ...................... We hereby declare under oath the following: We accept that any notification or communication, within these circulars, which takes place in the context of the promotion of private investment that regulates these Bid Terms, be notified through the following emails:
I am committed during the realization of the process of promoting private investment, to maintain active the two email accounts, otherwise it means the absence of responsibility by PROINVERSION and the Committee.
Place and date: .............., ............................. 201... Name, representative and signature of the company or companies, as appropriate, that shall integrate the Consortium. Name .............................................................
Legal Representative of Bidder Signature ............................................................
Legal Representative of Bidder
ANNEX Nº 1
53 Concession of the Longitudinal de la Sierra Highway Section 4
List 1
BANKING COMPANIES AUTHORIZED TO ISSUE THE GUARANTEE S ESTABLISHED IN THE BID TERMS
(Reference: Section 2.32 of the Bid Terms) Domestic banks authorized to issue bonds letters are those which have a minimum rating of A for financial strength, a minimum grade of CP-1, Category 1, CLA-1 or EQL-1 for short-term instruments and a minimum rating of AA for long-term instruments. The classification of commercial banks must be in force when submitting the letters of guarantee or standby letter of credit.
In this regard, the reference ratio of Banking Companies that have the minimum qualification indicated in the preceding paragraph to January 2015, is composed of the following list:
BANKING COMPANIES BANCO DE CRÉDITO DEL PERÚ BANCO INTERAMERICANO DE FINANZAS – BANBIF BANCO SANTANDER PERÚ S.A. BBVA BANCO CONTINENTAL BANCO INTERNACIONAL DEL PERÚ S.A.A. – INTERBANK CITIBANK DEL PERÚ S.A. CREDISCOTIA. SCOTIABANK PERÚ S.A.A. DEUTSCHE BANK
ANNEX Nº 1
List 2
54 Concession of the Longitudinal de la Sierra Highway Section 4
LIST OF INTERNATIONAL FINANCIAL ENTITIES (Reference: Section 2.33 of the Bid Terms)
1.The first class foreign banks included in the list approved by the Central Bank through Circular No. 0003-2015-BCRP, or legislation replacing it will be considered. 2. Any international financial institution with investment level, assessed by an
institution renowned internationally authorized to international classification. 3.Any multilateral institution of credit from which the State of the Republic of Peru is
member. 4. The classification of the International Financial Entities, must be in force when
submitting the letters of guarantees or standby credit letter. The guarantees issued by the entities indicated in Sections 1 and 2 must be endorsed and confirmed by any of the banking companies included in List 1 of Annex N° 1.
ANNEX Nº 2
Form 1
55 Concession of the Longitudinal de la Sierra Highway Section 4
AFFIDAVIT (Commitment of reliable information)
(Reference: Section12.1 of the Bid Terms) Bidder: ........................................... ...................... We hereby declare under oath the following: That all the information submitted to credit our experience in the Management and operation indicated in the submitted documents is reliable. Place and date: .............., ........ ..................... 201... Name, representative and signature of the company or companies, as appropriate, that integrate the Consortium. Name .............................................................
Legal Representative of Bidder Signature ............................................................
Legal Representative of Bidder (The signature of the Legal Representative, must be legalized by notary).
Concession of the Longitudinal de la Sierra Highway Section 4
ANNEX Nº 2
Form 2
REQUIREMENTS OF OPERATION FOR SHORTLISTING (Reference: Section 12.2a)of the Bid Terms)
AFFIDAVIT Bidder: ........................................... ...................... Place and date: ........... ..., ....... .................... 201...
Name Member/ Bidder
ACCREDITATION OF PARTICIPATION (1)
Description and location of the
concession Grantor Length
(km) From
(month/year ) To
(month/year ) Name of the Concessionaire
company
Shareholding of the Member in the concessionaire
company (%) y/o contractual relation of
operation Total km
(1) Minimum 20% of shareholding.
Signature ............................................................ Legal Representative of Bidder
Name........................................................... Legal Representative of Bidder
57 Concession of the Longitudinal de la Sierra Highway Section 4
ANNEX Nº 2
Form 3
DECLARATION OF STRATEGIC PARTNER (Reference: Section 2.71 of the Bid Terms)
AFFIDAVIT Bidder: ........................................... ....................................................... We hereby declare under oath that the Strategic Partner is: ............................................................ (Name of Bidder or Member in case of Consortium) Place and date: ............, ....... ............................. 201... Name ........................................................... Legal Representative of Bidder Signature ............................................................
Legal Representative of Bidder (The signature of the Legal Representative in this affidavit must be legalized by notary)
58 Concession of the Longitudinal de la Sierra Highway Section 4
ANNEX Nº 2
Form 4
EFFECTIVENESS OF DOCUMENTATION REFERRED IN THE “GOO D STANDING CERTIFICATE OF PRESHORTLISTING DOCUMENTS
/CREDENTIALS” (Reference: Section 13.3 of the Bid Terms)
AFFIDAVIT
Bidder: ........................................... ....................................................... We hereby declare under oath that the documentation submitted in the bid ...... .. (state the name of the process in which you timely filed or submitted documentation to prequalify or submitted credentials) for the purpose of obtaining our preshortlisting or for which we submit our credentials , as bidder or as a member of a consortium, on the date of signature of this is still in force, having no changes in this documentation. The referred documentation is the following: 1. 2. 3. 4.
Place and date: ............, ....... ............................ 201... Name ........................................................... Legal Representative of Bidder Signature ............................................................
Legal Representative of Bidder
59 Concession of the Longitudinal de la Sierra Highway Section 4
ANNEX Nº 3
Form 1A
CREDENTIALS FOR SHORTLISTING (Legal Incorporated person)
(Reference: Section 12.2 b) ii. of the Bid Terms)
AFFIDAVIT Bidder: ........................................... ....................................................... We hereby declare under oath that ............................................................ (Name of Bidder) is a legal person duly incorporated under the laws of …………………………….. and is in force according to the legal principles applicable to the country of origin. Place and date: ............, ...... ............................ 201... Name ........................................................... Legal Representative of Bidder Signature ............................................................
Legal Representative of Bidder (The signature of the Legal Representative in this affidavit must be legalized by notary)
ANNEX Nº 3
60 Concession of the Longitudinal de la Sierra Highway Section 4
Form 1B
CREDENTIALS FOR SHORTLISTING 2 (Only for Consortia)
(Reference: Section 12.2 b) iii. Of the Bid Terms)
AFFIDAVIT Bidder: ........................................... ....................................................... We hereby declare under oath the following: That ....................................................................................................... (Name of each one of the members of the consortium) have been associated through a consortium to participate in the Comprehensive Project Bid. That......................................................................................................... (Name of each one of the members of the consortium) are incorporated companies according to the legislation and keep their existence. That ......................................................................................................... (name of each one of the member of the consortium) are jointly responsible and indivisibly before the Republic of Peru, PROINVERSIÓN and the Committee regarding all and each one of the obligations assumed and affidavits submitted by the Bidder in relation to the Comprehensive Project Bid. Place and date: ...................... , ....... .......................... 201... Name ............................................................
Legal Representative of Bidder Signature ............................................................
Legal Representative of Bidder Company ............................................... Name ................................................. Legal Representative of (Member 1)
2Modified with Circular N° 7
61 Concession of the Longitudinal de la Sierra Highway Section 4
Signature ............................................................ Legal Representative of (Member 1)
Company ............................................... Name ................................................ Legal Representative of (Member 2) Signature ................................................ Legal Representative of (Member 2) Company ............................................... Name ...............................................
Legal Representative of (Member 3) Signature ................................................ Legal Representative of (Member 3)
(The signature of the Legal Representative of the consortium in this affidavit must be legalized by notary)
62 Concession of the Longitudinal de la Sierra Highway Section 4
ANNEX Nº 3
Form 2A
CREDENTIALS FOR SHORTLISTING: Percentage of participation for legal persons
(Reference: Section12.2b)0of the Bid Terms)
AFFIDAVIT Bidder: ........................................... ....................................................... We hereby declare under oath that the percentage of participation of each one of our shareholders or Partners is the following:
Shareholders or Partners Percentage of participation in the Bidder (only those with more than 5%)
1. 2. 3. 4. 5. 6. ... N TOTAL
Place and date: ........................, .......... ................... 201... Name ............................................. Legal Representative of Bidder Signature ............................................. Legal Representative of Bidder
63 Concession of the Longitudinal de la Sierra Highway Section 4
ANNEX N° 3
Form 2B
CREDENTIALS FOR SHORTLISTING: (Percentage of participation for Consortia) (Reference: Section12.2b) of the Bid Terms)
We hereby declare under oath that the percentage of participation of each one of our members, and our shareholders or partners is the following:
Shareholders or partners Percentage of participation in
Member 1 (only those with more than 5%)
1. 2. 3. 4. 5. ... N TOTAL
(*)This table must be filled by each member of the consortium.
Place and date: ......................, .......... .................... 201...
Name ............................................. Legal Representative of Bidder
Signature ............................................. Legal Representative of Bidder
ANNEX N° 3
64 Concession of the Longitudinal de la Sierra Highway Section 4
Form 3
CREDENTIALS FOR SHORTLISTING: Declaration of not being disqualified from contract ing
(Reference: Section12.2b) of the Bid Terms)
AFFIDAVIT Bidder: ........................................... ....................................................... We hereby declare under oath that, [.......................................... (Name of the Bidder)], [........................ (Members of the consortium)]: They are not administratively sanctioned with temporary or permanent disqualification from exercising their rights to participate in selection processes summoned by the State, or to contract with the state. They have not ceased to be concessionaires for breach of a concession contract concluded with the State of the Republic of Peru under the framework of the promotion of private investment referred to TUO on Concessions approved by Supreme Decree No. 059-96- to PCM or Law No. 28059, Framework Law for the Promotion of Decentralized Investment.
Place and date: ....................., ..................... 201...
Name ............................................................. Legal Representative of Bidder
Signature ............................................................ Legal Representative of Bidder
ANNEX N° 3
Form 4A
65 Concession of the Longitudinal de la Sierra Highway Section 4
CREDENTIALS FOR SHORTLISTING Waiver of privileges and claims applicable to not listed corporations
(Reference: Section12.2b) of the Bid Terms)
AFFIDAVIT
Bidder: ........................................... ....................................................... We hereby declare under oath that ....................................................... (name of the Bidder), and its shareholders, Partners or members and the shareholders and partners of these latter, if appropriate, waive to the following: 1. To invoke or exercise any privilege or diplomatic immunity or of any other
kind. 2. To file any claim through diplomatic channels and any right to compensation
or other in connection with any claim that may be brought by or against the State, MTC, PROINVERSION, the Committee, its members, advisors and consultants, under the Peruvian law or under any other law with respect to our obligations in respect of the bid, the Economic Proposal, the Technical Proposal and the Concession Contract.
Place and date: ....................., ....... .............. 201... Name .............................................................
Legal Representative of Bidder Signature ............................................................
Legal Representative of Bidder
ANNEX N° 3
Form 4B
66 Concession of the Longitudinal de la Sierra Highway Section 4
CREDENTIALS FOR SHORTLISTING: Waiver of privileges and claims applicable to corporation that are listed in stock
Exchanges (Reference: Section12.2b) of the Bid Terms)
We hereby declare under oath that ....................................................... (Name of the Bidder), and its shareholders, Partners or members waive to the following: 1. To invoke or exercise any privilege or diplomatic immunity or of any other
kind. 2. To file any claim through diplomatic channels and any right to compensation
or other in connection with any claim that may be brought by or against the State, MTC, PROINVERSION, the Committee, its members and advisors, under Peruvian law or under any other law with respect to our obligations in respect of the bid, the Economic Proposal, the Technical Proposal and the Concession Contract.
Place and date: ....................., ....... .............. 201... Name .............................................................
Legal Representative of Bidder Signature ............................................................
Legal Representative of Bidder
ANNEX N° 3
Form 5
CREDENTIALS FOR SHORTLISTING: Declaration of not having incompatibility
67 Concession of the Longitudinal de la Sierra Highway Section 4
(Reference: Section12.2b)of the Bid Terms)
AFFIDAVIT Bidder: ........................................... ....................................................... We hereby declare under oath that our consultants have not directly supplied any kind of services in favor of PROINVERSION or the Committee during the course of this process of promoting private investment, whether full time, part time or eventually type, in relation to the aforementioned process of promoting private investment in the last year. Place and date: ...................., ....................... 201... Name ...........................................................
Legal Representative of Bidder Signature ............................................................
Legal Representative of Bidder
ANNEX N° 3
Form 6A
CREDENTIALS FOR SHORTLISTING: Independence among Bidders (for not listed companies)
(Reference: Section12.2b)of the Bid Terms)
68 Concession of the Longitudinal de la Sierra Highway Section 4
AFFIDAVIT
Bidder: ........................................... ....................................................... We hereby declare under oath that .............................................. (Name of the Bidder), its shareholders, partners or members, Partners or shareholders of these latter, if applicable, do not have direct or indirect participation in any other Bidder. Place and date: ...................., ....................... 201... Name .............................................................
Legal Representative of Bidder Signature ...........................................................
Legal Representative of Bidder
ANNEX N° 3
Form 6B
CREDENTIALS FOR SHORTLISTING Independence among Bidders (for listed companies)
(Reference: Section12.2b)of the Bid Terms)
69 Concession of the Longitudinal de la Sierra Highway Section 4
AFFIDAVIT
Bidder: ........................................... ....................................................... In case the Bidder is the legal person that has lis ted its shares in stock exchanges, the following declaration should be init iated with the following text: We hereby declare under oath that _____________________ (Name of the Bidder), does not have direct or indirect participation in any other Bidder where they exercise management control or any of its members in case of consortium according to the provisions of the Regulation of Indirect Property, Linkage and Economic Group approved through CONASEV RESOLUTION Nº 090-2005-EF-94.10 modified by Resolution CONASEV N° 005-2006-EF /94.10o or regulation that modifies it or replaces it. In case it is any of the members of the consortium the legal person who has listed its shares in stock exchanges, the following declaration should be initiated with the following text: We hereby declare under oath that _____________________ (Name of the Bidder) and its members: _____________________ and ____________ (Name(s) of the member (s) of consortium), do not have direct or indirect participation in any other Bidder where they exercise management control or any of its members in case of consortium according to the provisions set forth in the Regulation of Indirect Property, Linkage and Economic Group approved by CONASEVE RESOLUTION Nº 090-2005-EF-94.10 modified by Resolution CONASEV N° 005-2006-EF/94.10 or regulation that mod ifies it or replaces it. Place and date: ...................., .................... 201... Name .............................................................
Legal Representative of Bidder Signature ...........................................................
Legal Representative of Bidder
ANNEX N° 3
Form 7
INCORPORATION COMMITMENT
AFFIDAVIT (Reference: Section12.2 b) of the Bid Terms)
70 Concession of the Longitudinal de la Sierra Highway Section 4
Bidder: ........................................... ....................................................... We hereby declare under oath the following: (In case of Consortium): That,......................................... (name of each one of the members of the consortium) have been associated through a consortium to participate in this bid of comprehensive projects. That, ………………………………..(those indicated in the preceding section) have signed a commitment of intention to incorporate a legal person with domicile in the Republic of Peru and a capital according to the provisions set forth in the Concession Contract. (In case of an individual company): That, ……………………………….. we commit to incorporate a legal person with domicile in the Republic of Peru and a capital according to the provisions set forth in the Concession Contract. (Following paragraphs for both cases): The legal person to be incorporated shall enter the concession contract of the Longitudinal de la Sierra Highway Section 4: Huancayo - Izcuchaca - Mayocc - Ayacucho/Ayacucho - Andahuaylas – Sahuinto Bridge/Dv. Pisco - Huaytará - Ayacucho. That if we are the Awardees, we promise to deliver the relevant testimony of the Public Deed of Incorporation of the Concessionaire with proof of its registration with the Registry Office corresponding to the date of signing the Contract indicated in the Bid Schedule. In that sense, we know and accept that the non-compliance of this commitment may be taken into account in order to leave without effect the award granted in our favor. Place and date: ........., ..... ......... 201...
Name ............................................................. Legal Representative of Bidder
71 Concession of the Longitudinal de la Sierra Highway Section 4
Signatures of the members in case of consortium: Company ............................................... Name ..................................................
Legal Representative of (Member 1) Signature ............................................................ Legal Representative of (Member 1) Company ............................................... Name ................................................ Legal Representative of (Member 2) Signature ................................................ Legal Representative of (Member 2) Company ............................................... Name ................................................
Legal Representative of (Member 3)
Signature ................................................ Legal Representative of (Member 3)
ANNEX N° 4 Form 1
FINANCIAL REQUIREMENTS (Reference: Section12.2c) of the Bid Terms)
MODEL OF LETTER OF SUBMISSION OF SHORTLISTING FINAN CIAL INFORMATION
72 Concession of the Longitudinal de la Sierra Highway Section 4
Lima, ......... ..................... 201... Messrs. PROINVERSIÓN Committee in Road Infrastructure Proje cts, Railway Infrastructure and Airport Infrastructure -PRO INTE GRACIÓN Agency for the Promotion of Private Investment (PRO INVERSIÓN) Present.- Bidder : ......................................... ..................................... According to the provisions in Section 12.2 sub paragraph c) of the Bid Terms of the Comprehensive Projects, through this we fulfill to submit our letter of presentation of financial and technical information. FINANCIAL REQUIREMENTS A. Net Equity of the Bidder * The total amount that is included in this table should be the same that appears
as such in table B. B. Net Equity and Total Assets:
Shareholder, Related or member Note 1 US$ Net Equity (Note 2)
US$ Total Assets (Note 2)
Member 1 (Strategic Partner)
Member 2
Member 3 TOTAL (carry this total to Section A) US$
Note 1: Mark an “X” if the amount of the Net Equity belongs to a Related
Company and additionally complete Section D.
NET EQUITY US$ [ ]* TOTAL ASSETS US$ [ ]*
73 Concession of the Longitudinal de la Sierra Highway Section 4
Note 2: In case of equity corresponding to shareholders, related or
members in different currency to US$; use Table C. C. In its case, conversion of figures expressed in a currency different to
Dollar.
Shareholder, member or related company
Amount (Original currency)
Exchange rate Amount (US$)
NET EQUITY Member 1 (Strategic Partner)
Member 2 Member 2 TOTAL ASSETS Member 1 (Strategic Partner)
Member 2 Member 2
Note: The Exchange rate to be used shall be that published by the
Superintendence of Banking and Insurance and AFP on the date of the submitted financial statements.
D. Explanation of the relation between the Bidder, the shareholder or
member of Bidder and its corresponding Related Comp any .
If the figure of a shareholder or member corresponds to another person, then it should be explained the relationship that causes the company is related company in the Bidder, shareholder or member of the Bidder:
E. Include a letter of reference of the International Financial Entity (Form 3 of
ANNEX N° 4) Note: Do not consider the members of the bidder with less than three (03) years of incorporation
74 Concession of the Longitudinal de la Sierra Highway Section 4
Cordially yours,
Name ................................................. Legal Representative of Bidder Signature .................................................
Legal Representative of Bidder Company ............................................... Name .................................................. Legal Representative of (Member 1) Signature ............................................................ Legal Representative of (Member 1) Company ............................................... Name ............................................................ Legal Representative of (Member n) Signature ................................................ Legal Representative of (Member n)
ANNEX N° 4
Form 2
FINANCIAL REQUIREMENT OF MANAGEMENT AND FOR OBTAINI NG FINANCING FROM BIDDER
(Reference: Section12.2c) of the Bid Terms)
AFFIDAVIT
75 Concession of the Longitudinal de la Sierra Highway Section 4
LETTER OF REFERENCE (Reference: Section12.2 c) of the Bid Terms)
76 Concession of the Longitudinal de la Sierra Highway Section 4
TO: PROINVERSIÓN Committee in Road Infrastructure Proje cts, Railway Infrastructure and Airport Infrastructure - PRO INTEGRACIÓN.
Agency for the Promotion of Private Investment (PRO INVERSIÓN).
(Name of bank attorney) ..................................................as attorney of Bank................................ Certifies: That ...................................................................................................... domiciled at .............................................................................................., which main activity..........................................................................................., is client of proven seniority and recognized experience in this entity, deserving our trust. In any case this letter should be understood as a guarantee or promise of guarantee. Upon the request of our client, this certificate is issued on...............… 201....
............................................... Signature of the Bank
77 Concession of the Longitudinal de la Sierra Highway Section 4
ANNEX N° 5
Form 1
MODEL OF LETTER OF GUARANTEE OF VALIDITY, VALIDITY TERM AND SERIOUSNESS OF PROPOSAL
(Reference: Section 14.1 of the Bid Terms) Lima, ............. ...........................201.... Messrs. Agency for Promotion of Private Investment - PROINV ERSIÓN Present.- Ref. : Letter of Guarantee No .............................. Expiration: ................................. Of our consideration: By this letter and upon the request of our client, Messrs. (Bidder or member) .................................. ......... we issue this several guarantee, irrevocable, unconditional and automatically enforceable without benefit of excussio or division, up to the amount of _____ and 00/100 Dollars of the United States of America (US $ _____) in favor of PROINVERSION to guarantee the Validity, Validity Term and Seriousness of the Proposal (including Technical and Economic Proposal) submitted by our client or consortium composed by_____ _______ according to the terms and conditions established in the Bid Terms of the Comprehensive Projects Bid for the concession of the Longitudinal Highway of the Sierra Section 4: Huancayo - Izcuchaca - Mayocc - Ayacucho / Ayacucho - Andahuaylas - Sahuinto Bridge/ Dv. Pisco - Huaytará - Ayacucho. Also, we record that this guarantee will be effective in case our client is declared Awardee by the Committee and does not meet its obligations on the date of signing the Contract of the aforementioned bid.
To honor this guarantee in your favor it will suffice the requirement by notarial channel of the Executive Director of PROINVERSION or person who replaces him in our offices located in .................. .................................................. ................... and any delay on our part to honor it shall accrue an interest equivalent to one year LIBOR rate plus a margin (spread) of 3%.
LIBOR rate will be established by the daily Reuter Cable received in Lima at 11:00 am and shall accrue interests from the date of the request to honor until the effective payment date.
78 Concession of the Longitudinal de la Sierra Highway Section 4
Our obligations under this guarantee shall not be affected by any dispute between you and our clients. The effectiveness term of this guarantee will begin on the date of submission of the Technical Proposal and until........................... ....... The terms used in this bond have the same meaning of the terms defined in the Bid Terms of Comprehensive Projects. Cordially yours, Signature ................................................... Name ................................................ Banking Entity..................................
79 Concession of the Longitudinal de la Sierra Highway Section 4
ANNEX N° 5
Form 2
INFORMATION EFFECTIVENESS
AFFIDAVIT (Reference: Section 14.1 c) 0. of the Bid Terms)
Bidder: ........................................... ....................................................... We hereby declare under oath that the information, statements, certification and, in general, all documents submitted in Envelope No. 1 remain in effect on the date and shall remain in the same manner until the date of signing the contract. Place and date: ........., .............. 201... Name .............................................................
Legal Representative of Bidder Signature ............................................................
Legal Representative of Bidder Company ...............................................
Name ..................................................
Legal Representative of (Member 1) Signature ............................................................ Legal Representative of (Member 1) Company ............................................... Name ............................................................ Legal Representative of (Member n) Signature ................................................
Legal Representative of (Member n)
ANNEX N° 5
80 Concession of the Longitudinal de la Sierra Highway Section 4
Form 3
AFFIDAVIT OF RECOGNITION OF SUB SECTIONS OF THE CON CESSION AND COMMITMENT OF EXECUTION OF REHABILITATION AND
IMPROVEMENT AND INITIAL PERIODIC MAINTENANCE (Reference: Section 14.100 of the Bid Terms)
AFFIDAVIT Bidder: ........................................... ....................................................... We hereby declare under oath the following: That, in our capacity as bidders for the concession of the Longitudinal de la Sierra Highway Section 4: Huancayo - Izcuchaca - Mayocc - Ayacucho / Ayacucho - Andahuaylas - Sahuinto Bridge/ Dv. Pisco - Huaytará - Ayacucho, we have made the corresponding recognition to the full extent of the Concession, also we express our commitment to comply with the implementation of the Rehabilitation and Improvement and the Initial and Periodic Maintenance according to the Final Engineering Study and Environmental Impact and technical reports made by the CONCESSIONAIRE and approved by the GRANTOR at the time. In that sense, we know and accept that the non-compliance of this commitment may be taken into account to do no approve Envelope Nº 2. Place and date: ..............., .... .................. 201... Name .............................................................
Legal Representative of Bidder Signature ............................................................
Legal Representative of Bidder
81 Concession of the Longitudinal de la Sierra Highway Section 4
ANNEX N° 5
Form 4
COMMITMENT OF COMPLIANCE WITH ROAD SAFETY RECOMMENDATIONS
(Reference: Section 14.10iii of the Bid Terms)
AFFIDAVIT
Bidder: ........................................... ....................................................... We hereby declare under oath that we will comply with the recommendations of road security approved by the regulations in force. Place and date: ............, ....... ............................. 201... Name .............................................................
Legal Representative of Bidder Signature ............................................................
Legal Representative of Bidder
82 Concession of the Longitudinal de la Sierra Highway Section 4
83 Concession of the Longitudinal de la Sierra Highway Section 4
ANNEX N° 5
Form 5A
ACCEPTANCE OF THE BID TERMS AND CONTRACT (Applicable to Bidders and members of Consortia tha t do not have listed their
shares in stock exchanges) (Reference Section 14.1 of the Bid Terms)
AFFIDAVIT
Bidder: ........................................... ....................................................... In case the Bidder is a legal person, he should ini tiate the declaration with the following text:
We hereby, _______________________________ (Name of the Bidder), and his shareholders (or Partners, as the case may be), declare under oath the following:
In case the Bidder is in consortium, he should init iate the declaration with the following text: We hereby, _______________________________ (Name of the Bidder); his members: ________________ and ________________ (Names of each one of the members of the Consortium); and the shareholders (or Partners, as the case may be) of the mentioned members, declare under oath the following: 1. We abide by all provisions inherent to the Bid and Award; the rules established in the Supreme Decree No. 059-96-PCM, Consolidated Text of the regulations with force of law governing the granting in concession to the private sector of Public Infrastructure Works and Public Services (TUO) and its Regulations, Supreme Decree No. 060-96-PCM; Bid Terms and its Circulars. 2. We have reviewed and we are satisfied with these Bid Terms, Contract and other background and documents of the same, expressly accepting the obligations under compliance with the Law for Promotion of Private Investment in Public Infrastructure Works and Public Utilities, these Bid Terms and other rules applicable to the Concession Contract, having no claims or objections to make. Consequently, we release PROINVERSIÓN, its officers, its advisors and consultants from all liability for any eventual errors or omissions that may have the records and documents referred to. 3. That, if we are awardees of the bid award, we are committed that the Concession Contract shall be signed by the concessionaire, according to what indicated in Section 12.2 b) of the Bid Terms. Place and date: ............, ....... ............................ 201... Name .............................................................
Legal Representative of Bidder Signature ............................................................
Legal Representative of Bidder
ANNEX N° 5
84 Concession of the Longitudinal de la Sierra Highway Section 4
Form 5B
ACCEPTANCE OF BID TERMS AND CONTRACT (Applicable to Bidders and to members of Consortia that have listed their shares in stock
exchanges) (Reference Section 14.1 of the Bid Terms)
AFFIDAVIT
Bidder: ........................................... ....................................................... In case the Bidder is a legal person who has listed its shares in the stock exchanges, he should begin the declaration with the following text: We hereby, ____________________ (Name of the Bidder),declare under oath the following: In case any of the members of the consortium is a l egal person who has listed its shares in the stock exchanges, he should begin the declaration with the following text:
We hereby, _____________________ (Name of the Bidder) and its members: _____________________ y ____________ (Name of the member (s)of the consortium, declare under oath the following:
1. To abide by all provisions inherent to the Bid and Award; the rules established in Supreme Decree No. 059-96-PCM, Single Consolidated Text of the regulations with force of law governing the granting in concession to the private sector of Public Infrastructure Works and Public Services (TUO) and its Regulations, Supreme Decree No. 060-96-PCM; Bid Terms and Circulars. 2. We have reviewed and we are satisfied with these Bid Terms, Contract and other records and documents of the same, expressly accepting the obligations under compliance with the Law for Promotion of Private Investment in Public Infrastructure Works and Public Utilities, these Rules and other rules applicable to the Concession Contract, having no claims or objections to make. Consequently, we release PROINVERSIÓN, its officers, its advisors and consultants from all liability for any errors or omissions that may have the records and documents referred to. 3. That, should be awarded to the bid, we are committed that the concession contract will be signed by the concessionaire, according to what is indicated in Section 12.2b) of the Bid Terms. Place and date: ............, ....... ............................ 201... Name .............................................................
Legal Representative of Bidder Signature ............................................................
Legal Representative of Bidder
85 Concession of the Longitudinal de la Sierra Highway Section 4
ANNEX N° 6
Form 1
MODEL OF LETTER OF PRESENTATION OF ECONOMIC PROPOSA L (Reference: Section 14.2. of the Bid Terms)
........................... _____ Messrs. PROINVERSIÓN Committee in Road Infrastructure Proje cts, Railway Infrastructure and Airport Infrastructure -PRO INTE GRACIÓN Present Bidder: ......................................................... Ref: Bid of Comprehensive Projects for the Concession of the Longitudinal de la
According to indications made in the Bid Terms of Comprehensive Projects of reference, we hereby comply to submit our Economic Proposal. Economic Proposal 1. Competence Factor:
Payment for Rehabilitation and Improvement (PRI) Is the amount of money expressed in Dollars, that the State of the Republic of Peru shall assure to the CONCESSIONAIRE, according to its Economic Proposal, addressed to cover the costs of Rehabilitation and Improvement. The payment procedure is regulated in the Concession Contract.
Maximum PRI determined by the State: ………..................... American Dollars (US$...............)without VAT
Annual Payment for Initial Periodic Maintenance (AP IPM) Is the total annual amount of money, expressed in dollars, that the State of the Republic of Peru shall assure to the CONCESSIONAIRE, according to its Economic Proposal, once it has received the sub sections where is executed the Initial Periodic Maintenance, according to the terms and conditions established in the contract. The procedure and the periodicity of payment are regulated in the Concession Contract.
Maximum APIPM determined by the State:
………..................... American dollars (US$...............)without VAT
Annual Payment for Maintenance and Operation (APMO)
86 Concession of the Longitudinal de la Sierra Highway Section 4
Is the annual total amount of money, expressed in dollars, that the State of the Republic of Peru shall assure to the CONCESSIONAIRE, according to its Economic Proposal addressed to cover the costs of Operation and Maintenance of the concession, according to the terms and conditions established in the contract. The procedure and periodicity of payment are regulated in the Concession Contract.
Maximum APMO determined by the State: ………..................... American dollars (US$...............)without VAT
2. Economic Proposal of bidder: In integer numbers
a) Payment for Rehabilitation and Improvement (PRI) ………..................... American dollars (US$...............), without VAT, in the conditions indicated in the contract.
b) Annual Payment for Initial Periodic Maintenance (APIPM):
..................... American dollars (US$...............), without VAT, in the conditions indicated in the contract.
c) Annual Payment for Maintenance and Operation (AP MO):
..................... American dollars (US$...............), without VAT, in the conditions indicated in the contract.
We declare that our Economic Proposal that contains the proposed PRI, APIPM and APMO, are irrevocable and that will be in full effect until one hundred and twenty (120) calendar days after the date of submission of Envelopes N° 2 and N° 3. We declare that our Economic Proposal shall be incorporated to the Concession Contract in all its terms and conditions and without any exception and that the same is an affidavit. Cordially yours,
Name .............................................................
Legal Representative of Bidder Signature ............................................................
Legal Representative of Bidder
(The Preshortlisted Bidder must fill, in 2. a), 2.b) and 2. c) of this form, the amounts of the PRI, APIPM and APMO, corresponding to its proposal)
ANNEX N° 6
87 Concession of the Longitudinal de la Sierra Highway Section 4
Form 2
(For tie cases)
MODEL OF LETTER OF PRESENTATION OF ECONOMIC PROPOSA L (Reference: Section 14.2 of the Bid Terms)
............... .............._____ Messrs. PROINVERSIÓN Committee in Road Infrastructure Proje cts, Railway Infrastructure and Airport Infrastructure -PRO INTE GRACIÓN Present.- Bidder: ......................................................... Ref: Bid of Comprehensive Projects for the Delivery in Concession to the private
sector of the Longitudinal de la Sierra Highway Section 4: Huancayo - Izcuchaca - Mayocc - Ayacucho/Ayacucho - Andahuaylas – Sahuinto Bridge/Dv. Pisco - Huaytará - Ayacucho.
According to indications made in the Bid Terms of Comprehensive Projects of the reference, we hereby comply to submit our Economic Proposal. Economic Proposal . 1. Competence Factor:
Payment for Rehabilitation and Improvement (PRI) Is the amount of money expressed in dollars, that the State of the Republic of Peru shall assure to the CONCESSIONAIRE, according to its Economic Proposal, addressed to cover the costs of Rehabilitation and Improvement. The payment procedure shall be regulated in the Concession Contract. Maximum PRI determined by the State: ………..................... American dollars (US$...............)without VAT
Annual Payment for Initial Periodic Maintenance (AP IPM) Is the annual total amount of money, expressed in dollars, which the State of the Republic of Peru shall assure to the CONCESSIONAIRE, according to its Economic Proposal, once it has received the sub sections where it shall be executed the Initial Periodic Maintenance, according to the terms and conditions established in the contract. The procedure and periodicity of payment are regulated in the Concession Contract.
Maximum APIPM determined by the State: ………..................... American dollars (US$...............)without VAT Annual Payment for Maintenance and Operation (APMO)
88 Concession of the Longitudinal de la Sierra Highway Section 4
Is the annual total amount of money, expressed in dollars, which the State of the Republic of Peru shall assure to the CONCESSIONAIRE, according to its Economic Proposal, to cover the costs of operation and maintenance of the concession, according to the terms and conditions established in the contract. The procedure and periodicity of payment are regulated in the Concession Contract. Maximum APMO determined by the State: ………..................... American dollars (US$...............)without VAT
2. Economic Proposal of the Bidder: In integer num bers a) Payment for Rehabilitation and Improvement (PRI) :
………..................... American dollars (US$...............), without VAT, in the conditions indicated in the contract.
b) Annual Payment for Initial Periodic Maintenance (APIPM):
..................... American dollars (US$...............), without VAT, in the conditions indicated in the contract.
c) Annual Payment for Maintenance and Operation (AP MO): ..................... American dollars (US$...............), without VAT, in the conditions indicated in the contract.
We declare that our Economic Proposal that contains the proposed PRI,APIPM and APMO, is irrevocable and that it shall be in force until one hundred and twenty (120) calendar days after the date of submission of Envelopes N° 2 and N° 3.
We declare that our Economic Proposal shall be incorporated to the concession contract in all its terms and conditions and without any exception and that is has an affidavit nature.
Cordially yours,
Name .............................................................
Legal Representative of Bidder Signature ............................................................
Legal Representative of Bidder
(The Preshortlisted Bidder should fill, in 2. a), 2. b) and 2. c) of this form, the amounts of the PRI, APIPM and APMO, corresponding to its proposal)
ANNEX N° 6
89 Concession of the Longitudinal de la Sierra Highway Section 4
Form 3
MODEL OF BANKING LETTER OF GUARANTEE OF AWARD CHALL ENGE (Reference: Section16.5e)of the Bid Terms)
Lima, .......... ................... 201... Messrs. Agency for Promotion of Private Investment - PROINV ERSIÓN Present.- Ref. : Letter of Guarantee Nº .............................. Expiration: .................................... Of our consideration: We hereby and upon request of our customers, ___________ we issue joint, irrevocable, unconditional and automatically enforceable bond without benefit of excussio or division, up to the amount of dollars of the United States of America (US $ ________) in favor of PROINVERSION to guarantee our secured in the payment of that amount in any of the cases mentioned in the fourth paragraph of this letter of guarantee. This bond will have a term from its submission and until (60) days counted from the filing date thereof and shall be effective when the corresponding resolution declares unfounded or inadmissible the appeal filed by the Bidder; also, if that against this resolution, the Bidder does not present the corresponding appeal within the period specified in Section 16.5 b). It is expressly understood by us that this bond may be executed by PROINVERSION pursuant to the provisions of Article 1898 of the Peruvian Civil Code. It expressly agreed that to proceed to honor this bond, it is sufficient a simple request made through a notary public in our offices, located at the address indicated lines below, and in which is expressed that the challenge brought about the bid for the concession of Longitudinal de la Sierra Highway Section 4: Huancayo - Izcuchaca - Mayocc - Ayacucho / Ayacucho - Andahuaylas - Sahuinto Bridge/ Dv. Pisco - Huaytará - Ayacucho, has been declared unfounded or inadmissible by the Steering Council of PROINVERSIÓN; or, having obtained resolution to this effect from the Committee, it was not appealed. We promise to pay the full amount of the bond within a maximum period of 24 hours, counted from the date of receipt of the notarized letter of formal notice.
90 Concession of the Longitudinal de la Sierra Highway Section 4
Any delay of our part to honor it shall give rise to the payment of compensatory interests in favor of you which shall be calculated on the LIBOR rate at a year, plus a Spread of 3.0%. LIBOR rate will be established by the daily Reuter Cable received in Lima at 11:00 am and Interest shall accrue from the date on which the honoring of this guarantee is required. Cordially yours, _______________ SIGNATURE AND SEAL Name of the bank that issues the guarantee: Bank address:
Concession of the Longitudinal de la Sierra Highway Section 4 91
ANNEX N° 7
Form 1
TECHNICAL REQUIREMENTS FOR SHORTLISTING (Reference: Section 17.1 of the Bid Terms)
AFFIDAVIT
BIDDER: ........................................... ..................................... Place and date: ............, ..... ............................. 201... EXPERIENCE OF CONSTRUCTOR IN THE EXECUTION OF ROAD WORKS
Constructor Name
ACCREDITATION OF PARTICIPATION (1)
Description and location of work Contractor
Length
(km)
Altitude (mask)
Since
(month/year)
Until
(month/year)
Work amount US$
Name of company or consortium that executed the work
Shareholding of constructor in the company that executed the work (%) and/or contractual relationship of construction
(1) Minimum 20% of shareholding. Name: Legal Representative of Bidder /Awardee Name: Legal Representative of Constructor Signature: Legal Representative of Bidder /Awardee Signature: Legal Representative of Constructor
Concession of the Longitudinal de la Sierra Highway Section 4 92
ANNEX N° 7
Form 2
AFFIDAVIT OF CONSTRUCTOR (Reference: Section17.10 of the Bid Terms)
Constructor: ……………………………………………. The constructor hereby declares under oath the following: 1. Organization and Powers
That the Constructor is a validly existing company or business entity duly incorporated, duly entered in the corresponding registry, according to the laws of its jurisdiction of incorporation or organization to sign the Contract for Execution of Works and to comply with the obligations set out therein.
2. Capacity That, the Constructor is duly trained and is competent to carry out its Business, daily operations, and other transactions foreseen in the Work Execution Contract.
3. Authorization
That the constructor has the capacity and sufficient representation to execute and perform the Contract Work Execution. The execution and performance of this construction contract have been duly authorized in accordance with their respective internal rules or standards by all necessary corporate social action. None of the acts required for this purpose has been changed or canceled, and such acts are fully applicable.
4. Absence of Conflicts That the execution, delivery and performance of the contract of execution of work by the constructor and the performance of the acts referred to therein, do not violate any provision of the Applicable Law, nor any partnership agreement, trust agreement or contravenes any arrangement of the statute of the constructor.
5. Lack of disqualification That the constructor is not administratively sanctioned with temporary or permanent disqualification from exercising its rights to participate in selection processes summoned by the State, or to contract with the state.
In that sense, we know and accept the consequences of the lack of truthfulness of the aforementioned declarations. Place and date: ................, ....... .................. 201...
Concession of the Longitudinal de la Sierra Highway Section 4 93
Name .............................................................
Legal Representative of Constructor Signature ............................................................
Legal Representative of Constructor Entity ...............................................
Awardee Name .............................................................
Legal Representative of Awardee Signature ............................................................
Legal Representative of Awardee
Concession of the Longitudinal de la Sierra Highway Section 4 94
ANNEX N° 7
Form 3
CONTRACTING COMMITMENT OF CONSTRUCTOR (Reference: Section 17.10 of the Bid Terms)
AFFIDAVIT Awardee: ………………………………………….. We hereby declare under oath the following: That, we promise to hire a constructor company ………………………. (Name of constructor company) once it has been preshortlisted complying with the requirements set forth in the Bid Terms. Place and date: ..............., .... .................. 201... Name .............................................................
Legal Representative of Awardee Signature ............................................................
Legal Representative of Awardee
Concession of the Longitudinal de la Sierra Highway Section 4 95
ANNEX N° 8 MANUAL OF ACCESS AND USE OF DATA ROOM
(Reference: Section10a) of the Bid Terms)
1. DEFINITIONS
1.1 DATA ROOM
Data Room is called to all information which is the support of a project or process not concluded (hereinafter the process) and carried out under the responsibility of the Project Leader.
1.2 ADMINISTRATOR OF DATA ROOM
The administration of the Data Room lies in the head of Archives and Documentary Management, hereinafter the Administrator, through the Information Center (CINFO) of Proinversion.
1.3 BIDDER
It refers to a legal person or consortium that comes to this bid, who has acquired the right to participate and is subject to the provisions set forth in the Bid Terms.
1.4 USER
User is any person who has been authorized by the Bidder to have access to the information contained in the Data Room and also has the authorization of the Project Leader.
2. USE OF DATA ROOM
The Data Room may be only used by the users expressly authorized by the Project Leader accordance to the provisions contained in this manual.
3. REQUEST OF USERS REGISTRY
To use the Data Room, the Bidder shall designate (the) user (s) authorized by him that are authorized to on its behalf to have access to the Data Room. This authorization is done through the document entitled "Registration Application of Users" contained in Form 1 of this Annex. Similarly, the Bidder must complete and sign the appropriate format to the Non-Disclosure Agreement as indicated in Section b).
Once the above formats are completed and signed by the representative of the bidder or his designee, he shall forward to the Project Leader. The Bidder may add new users using these formats.
Concession of the Longitudinal de la Sierra Highway Section 4 96
Similarly, if the representative of the Bidder decides to rescind the designation of any user, he shall inform the Project Leader to unsubscribe.
4. VISIT REQUEST TO DATA ROOM
The Bidder or (the) user (s) who wants to visit the Data Room to review or obtain information or documents shall request it to the Project Leader through the format of Form 2 of this Annex.
The request may be made using any means considering the request must contain the same information provided in Form 2 of this Annex. The Administrator or designee will respond to the request confirming the availability of the Data Room for the day and time requested.
5. HOURS OF OPERATION
The hours of operation of Data Room is the same of that established for the offices of PROINVERSION.
6. ATTENTION IN DATA ROOM
Registered and authorized users can make use of the information contained in the Data Room requesting it to the Project Leader, the Administrator or his designee on the date and time that has been reserved for them. However, if the user wishes to obtain a copy (s) of certain document (s) it shall submit to the Administrator by completing Form 3 of Annex No. 8 and its delivery will be made according to the availability of resources and facilities upon payment of the amount which means that photocopying. To this effect, the user will provide the Administrator all the information needed to manage the corresponding receipt of payment.
It is expressly provided that the information is available to users as it has been recorded and sent to CINFO by the Project Leader, therefore it is the responsibility of users, if so required, to make analysis, pictures, translations etc. in respect thereof.
Access to information and documents is strictly restricted to the environment where is located the Data Room. Similarly, it is absolutely forbidden for the user to make notes, sommeliers, trademarks, alterations, mutilations or similar in the documents requested under responsibility. If that happens, the Administrator will report to the Project Leader so that it brought to the attention of these facts to the Bidder and to determine penalties that may apply.
Concession of the Longitudinal de la Sierra Highway Section 4 97
7. INQUIRIES ABOUT THE INFORMATION CONTAINED IN DATA ROOM
The Administrator may answer inquiries from users regarding only the issues related to information management. Inquiries regarding technical or specialized aspects should be made to the Project Leader or his designee. To this effect, the necessary coordination between the manager and the Project Leader shall be made so that it provides the necessary and timely assistance to users who require it.
Any information obtained by other means and that is not contained in the Data Room and the respective index shall not be deemed official and therefore valid.
8. AVAILABLE SERVICES
The place where will be located the Data Room will be enabled with computer equipment and photocopying service (Form of this Annex) under the conditions set out in paragraph 6 of this Annex. However, if the user requires other services, it shall with due notice communicate to the Administrator to coordinate its implementation according to the availability of resources.
Concession of the Longitudinal de la Sierra Highway Section 4 98
ANNEX N° 8
Form 1
REQUEST OF REGISTRATION OF USERS
Concession of the Longitudinal de la Sierra Highway Section 4 99
ANNEX N° 8
Form 2
REQUEST OF APPOINTMENTS FOR VISITS TO DATA ROOM
Concession of the Longitudinal de la Sierra Highway Section 4 100
ANNEX N° 8
Form 3
PHOTOCOPY REQUEST
Concession of the Longitudinal de la Sierra Highway Section 4 101
ANNEX N° 8
Form 4
NON DISCLOSURE AGREEMENT (Reference: Section 10b). of the Bid Terms)
Lima,....... .............................201.... Messrs. PROINVERSIÓN Committee in Road Infrastructure Proje cts, Railway Infrastructure and Airport Infrastructure -PRO INTE GRACIÓN Present.- Bidder: ......................................................................................... ........................................................................ (Name of the Bidder) duly represented by its.................................................... (Position of undersigned), Mr. ............................................................................................ (name of undersigned), identified with..................., Nº .............................. with domicile at.............................................................................................................................. we hereby express our interest to access the Data Room that the Committee makes available, according to the Bid Terms of Comprehensive Projects for the Concession of the Longitudinal de la Sierra Highway Section 4: Huancayo - Izcuchaca - Mayocc - Ayacucho/Ayacucho - Andahuaylas – Sahuinto Bridge/Dv. Pisco - Huaytará - Ayacucho. In this regard, we are committed to maintain confidentiality of all information obtained in the Data Room, not to disclose any material or information to third parties without the prior written permission of the Committee, not to use the information for any other purpose not related to the process of the Comprehensive Projects and to no longer use the information in any manner that could cause conflicts with the interests of the state, its officials or agencies, PROINVERSION and the Committee. The materials obtained from the Data Room will only be made available to our staff, executives and consultants, for reasons related to the process of Comprehensive Projects. Such staff shall be aware of this agreement and will be equally obliged to maintain confidentiality regarding the above information. We will take all actions that were reasonable to prevent the release of any information to anyone without the prior written consent of the Committee. Any license or right has been or will be granted to our advisors in relation to the provision of any information contained herein. We accept that neither the state, its officials or agencies, nor PROINVERSION or the Committee or its advisors or members, are declaring and guaranteeing, expressly or implicitly, the accuracy, reliability or completeness of the information made available to us and that none of these parties or their respective directors,
Concession of the Longitudinal de la Sierra Highway Section 4 102
officers, employees or agents shall be liable to us or to any other person resulting from the use of such information and/or materials. We accept to make our own decisions regarding the information made available to us and acknowledge that we will not depend or will be induced by such information when deciding our intention in relation to the process of the bid. We accept that any information provided, no material, discussion, negotiation or other related matters, constitute an offer by the Committee or on their behalf, and will not serve as a basis or will be considered in connection with any agreement, except when expressly agreed in writing by the Committee. At the request of the Committee we accept to immediately return all copies of all documents that were made available to us, or available to our representatives or advisors. Also we accept that the Committee does not commit or is obliged to provide access to additional information or to update the information and materials available or to correct any inaccuracies that may appear. This agreement shall not apply to information that: (i) the date on which it was disclosed to us or to our consultants was of public knowledge or any time after that opportunity is of public knowledge (except that information subject of non-compliance of this agreement by us or our agents), or (ii) to date, is legally in our power and, therefore, is not subject to confidentiality agreement. The rights and obligations herein shall be governed and construed in accordance with the provisions of the Peruvian law and the parties irrevocably agree to submit to the jurisdiction of the judges and courts of Lima, Peru. In acceptance and compliance with all terms and conditions of this Non-Disclosure agreement we sign and deliver a copy to the Committee, on..... .............. 201 ................... .... Legalized signature..................................... Name ........................................................ (Legal Representative of Bidder) Bidder.................................
Concession of the Longitudinal de la Sierra Highway Section 4 103
ANNEX N° 8
Appendix 1
LIST OF DOCUMENTS OF DATA ROOM (Reference: Section 10c) of the Bid Terms)
1. Studies developed in the Sub Sections where the Concessionaire shall execute the Rehabilitation and Improvement:
Name of Study Name of consultant who formulated the study and year of its formulation
Type of intervention
1-A Final Report of Feasibility Study for the Rehabilitation and Improvement of the Izcuchaca – Mayocc Highway(First part)
Izcuchaca Road Consortium 2013
Study
1-B Final Report of Feasibility Study for the Rehabilitation and Improvement of Izcuchaca – Mayocc Highway (Second part)
Izcuchaca Road Consortium 2013
2. Studies developed in previous years in the Sub Sections where the
Concessionaire shall execute the Initial Periodic Maintenance:
Name of Study
Name of consultant who formulated the study and year of its formulation
Type of intervention
4
Final Report of Work Supervision Rehabilitation and Improvement of Ayacucho – Abancay Highway Sub Section N° 9 (Km0.000 (Ayacucho) – Abra Tocto)
HOB Consultores S.A. (2011)
Work supervision
4 Final Report of Work Supervision Rehabilitation and Improvement of Ayacucho – Abancay Highway Sub Section N° 13 (Santa María de Chicmo – Andahuaylas)
HOB Consultores S.A. (2011)
Work Supervision
3. Studies corresponding to Sub Sections where the Concessionaire executed
and/or is executing the Rehabilitation and Improvement and Contracts of Services
Name of Study Name of consultant who Type of
Concession of the Longitudinal de la Sierra Highway Section 4 104
formulated the study and year of its formulation
intervention
1-C Final Report of Final Study of Environmental Impact for the Rehabilitation and Improvement of Sub Section N° 6 Mayoc - Huanta
URBI Consultores S.L. Branch of Peru (2012)
Study
1-C Reception Minutes of Work of Sub Sections N°s: N° 9: Km 0.000 (Ayacucho) – Abra Tocto (2012). N° 10: Abra Tocto – Ocros (2013). N°11: Ocros – Chincheros (2014). N° 12: Chincheros – Santa María de Chicmo ( 2012). N° 13: Santa María del Chicmo – Andahuaylas ( 2011). N° 14: Andahuaylas – Dv. Kishuara ( 2012)
Reception of Works of Rehabilitation and Improvement
Final Report Work Supervision Rehabilitation and Improvement of Ocros – Chincheros Highway: Sub Section N° 11.
Supervisor : HOB Consultores S.A
Año 2014 Constructor: JJC Contratista Generales S.A. 2014
Supervision of Works of Rehabilitation and Improvement
3 Final Report Work Supervision Rehabilitation and Improvement of Chincheros –Santa María de Chicmo Highway: Sub Section 12
Supervisor : HOB Consultores S.A
2012
Supervision of Works of Rehabilitation and Improvement
4 Final Report Work Supervision Rehabilitation and Improvement of Km 0+000 (Ayacucho) –Abra Tocto Highway: Sub Section N° 9.
Supervision of Works of Rehabilitation and Improvement
4 Final Report Work Supervision Rehabilitation and Improvement of Abra Tocto – Ocros Highway: Sub Section N° 10.
Supervisor : Consorcio Vial Ayacucho
2013 Constructor: COSAPI S.A.
Supervision of Works of Rehabilitation and Improvement
4. Sub Sections where the Concessionaire shall execute the Initial Periodic
Maintenance
Code Name of study Name of consultant who formulated the study and year of its formulation
Type of intervention
4.1 Program of initial works and maintenance of sectors of section 4 Longitudinal Highway of
Eng. Sergio Avilés Córdova ()
Initial Periodic Maintenance
Concession of the Longitudinal de la Sierra Highway Section 4 105
the Sierra 4.2 Homogenization of section
4 Longitudinal de la Sierra Highway
Eng. José Luna Huamán
Initial Periodic Maintenance
5. Study of Demand of Cargo and Passengers Code Name of study Name of consultant who
formulated the study and year of its formulation
Type of intervention
5.1 Study of Demand of Cargo and passengers
CSI-PM PERÚ SAC Consortium-2011
Concession of the Longitudinal de la Sierra Highway Section 4 106
ANNEX N° 9 SITUATION, INTERVENTIONS AND SERVICES
1. THE PROJECT 1.1 LOCATION
The project is located in the departments of Junin, Huancavelica, Ayacucho, Apurimac and Ica. For the North, it reaches the town of Huancayo, as far south to the Sahuinto bridge, to the west to the intersection with the South Panamericana.
1.2 GENERAL DESCRIPTION OF THE PROJECT The Longitudinal de la Sierra Highway Section 4es is a national highway, in its route connects the main cities of the South Sierra of Peru, begins in the town of Huancayo in the department of Junin, through the cities of Izcuchaca - Mayocc - Huanta - Ayacucho, among others; it connects to the coast through San Clemente sub section - Ayacucho; The overall objective of the project is the execution of works and operation of road infrastructure in the concession, offering suitable traffic conditions and other services to road users. The project also comprises the services to road users according to indications made in the contract.
1.3 ROAD SUB SECTIONS COMPRISED IN THE PROJECT In the following chart is summarized the Sub Sections that will form part of the concession, its extension and other characteristics:
Concession of the Longitudinal de la Sierra Highway Section 4 107
8
Ayacucho (Emp PE-28A) - Km.
O+000 (Ayacucho)
7.628 382.840 390.468
9 Km. O+000 (Ayacucho) - Abra Tocto
50.000 390.468 440.468
10 Km. O+000 (Ayacucho) - Abra Tocto
11 Abra Tocto - Ocros 48.800 440.468 489.268
12 Ocros - Chincheros 55.200 489.268 544.468
13 Chincheros -
Santa María de Chicmo
66.022 544.468 610.490
14
Santa María de Chicmo -
Andahuaylas (Emp PE-30B)
20.340 610.490 630.830
15
Andahuaylas (Emp PE-30B) -
Dv. Kishuara (Emp PE-3SD)
54.307 630.830 685.137
16
Dv. Kishuara (Emp PE-3SD) -
Dv. Sahuinto (Emp PE-03S)
62.711 0.000 62.711
17 Dv. Sahuinto
(Emp PE-03S) -Puente Sahuinto
13.739 737.699 751.438
18
San Clemente (Emp. PE-01S) -
Puente Choclococha
163.810 0.000 163.810
19
Puente Choclococha -
Ayacucho (Emp. PE-28A)
172.066 163.810 335.876
Total 970.935
1.4 OBJECTIVE OF THE PROJECT Facilitate vehicular traffic and safety of productive areas and population centers, the area of influence of the project, contributing to economic development in the regions of Ica, Junín, Huancavelica, Ayacucho and Apurimac.
1.5 CURRENT SITUATION
Concession of the Longitudinal de la Sierra Highway Section 4 108
Currently the roads that make up the Section 4 of the Longitudinal of the Sierra, present in most of its route walkability problems (especially sections affirmed as the stretch Izcuchaca - Mayocc) by the state of the tread surface, a topography moderately hilly all the way, quite wavy and significantly irregular platform, hindering the free movement of vehicles and optimum accessibility to major markets. This creates, often a slow transit, with many arrests and sudden vehicle braking, causing the vehicle operating cost increases as failures increase the running surface and there is a risk in the circulation of vehicles and passers-by, due to the state of the road. Moreover, it also has sections that are operated to level recently improved tread level on hot asphalt (CAC) with a good serviceability. Also section 4 of the Longitudinal of the Sierra has sectors at the level of hot asphalt (CAC) that have been intervened at the level of rehabilitation and improvement in the years 2002-2006 such as sections corresponding to Huancayo - Imperial and Imperial - Izcuchaca, with good levels of walkability and in regular preservation condition; with preservation contracts by levels of services. This has aroused the interest of the community and the authorities, to avoid the increase in vehicle operating costs and risk by the continued deterioration of the pavement and slope it presents, thus avoiding later maintenance work become reconstructions that involve increased costs; so it is intended to give in concession to the private sector the section 4 of the Longitudinal of the Sierra. The state of the main sectors that make up the section 4 of the Longitudinal of the Sierra is described below: Section Dv. Huancayo– Imperial - Izcuchaca This sector between Dv Huancayo - Izcuchaca of 64.44 km, starts at the exit of Huancayo and has been operated at the level of asphalt layer from 2002 to 2005 and has had regular maintenance in October-December 2012 by the Grantor. According to information provided by the National Pro Road Conservation Management Unit this section has good levels of service. The maintenance in charge of the CONCESSIONAIRE is programmed since year 1 of the concession. Section Izcuchaca - Mayocc The stretch of highway starts 150 m. from the Izcuchaca Bridge, and runs in a southeasterly direction through the towns of La Mejorada, Matancra, Tablachaca Dam, Quichua, Anco, Santa Elena, reaching the town of Mayocc with an approximate length of 116.86 km.
Concession of the Longitudinal de la Sierra Highway Section 4 109
The structure of the existing pavement is granular material (firm), the same that is among fair to poor condition, favoring the existence of failures of landslides type, aggregate, scaling and potholes, whose levels of severity ranging from mild to moderate . This section meets the technical and economic viability within the National Public Investment System (SNIP) with an intervention at the level of hot asphalt (CAC). The final study will be made by the CONCESSIONAIRE in year 1 of the concession. The works will be made by the CONCESSIONAIRE and according to the set schedule would begin in the second year and conclude two years later from which the respective maintenance shall be executed. Section Mayocc – Huanta This sector is currently 32.76 km with rehabilitation and improvement works at the level of hot asphalt in execution (Contract of Work No. 55-2013-MTC / 20) by the GRANTOR. The works will be completed in the fourth quarter of 2014. The maintenance in charge of the CONCESSIONAIRE is scheduled since year 1 of the concession. Section Huanta- Ayacucho The stretch Huanta - Ayacucho of 42.25 km, is paved at Surface Treatment level Bicapa - TSB. This stretch will be operated by the CONCESSIONAIRE through an Initial Periodic Maintenance (IPM) in year 2 of the concession. The technical files for the IPM to be formulated by the CONCESSIONAIRE will be completed in the first year.
The maintenance in charge of the CONCESSIONAIRE is scheduled since year 3 of the concession. Section Ayacucho – Abra Tocto The Ayacucho stretch – Abra Tocto of 50.00 km, is paved asphalt level, which works by the GRANTOR were completed in the fourth quarter of 2011. This stretch will be operated by the CONCESSIONAIRE through an Initial Periodic Maintenance (IPM) in year 2 of the concession. The technical files for the IPM to be formulated by the concessionaire will be completed in the first year. The maintenance in charge of the CONCESSIONAIRE is scheduled since year 3 of the concession. Section Abra Tocto – Ocros
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Section Abra Tocto – Ocros of 48.8 km, is paved hot asphalt level. The works were concluded by the GRANTOR in the fourth quarter of 2013. The maintenance in charge of the CONCESSIONAIRE is scheduled since year 1 of the concession. Section Ocros – Chincheros This sector is 52.2 Km. and is currently in work execution by the GRANTOR at hot asphalt level since July 2013, and is foreseen to be concluded in the second quarter of 2014. The maintenance in charge of the CONCESSIONAIRE is scheduled since year 1 of the concession. Section Chincheros – Santa Maria de Chicmo This section is 66.02 km of length, has been operated by the GRANTOR at hot asphalt level and is currently as concluded work (October 2012). The maintenance in charge of the CONCESSIONAIRE is scheduled since year 1 of the concession. Section Santa Maria de Chicmo –Andahuaylas This section is 20.34 km of length, has been operated by the GRANTOR at hot asphalt level and is currently as concluded work (November 2011). This section will be operated by the CONCESSIONAIRE through an Initial Periodic Maintenance (IPM) in year 2 of the concession. The technical files for the IPM to be formulated by the CONCESSIONAIRE will be concluded on the first year of the concession. The maintenance in charge of the CONCESSIONAIRE is scheduled since year 3 of the concession. Section Andahuaylas – Dv. Kishuara This section of 54.31 km of length, has been operated by the GRANTOR at hot asphalt level and is currently as concluded work (October 2012). The maintenance in charge of the CONCESSIONAIRE is scheduled since year 1 of the concession. Section Dv. Kishuara - Huancarama Variant–Sahuinto Bridge This sector is 76.45 km of length, is currently under execution of work by the GRANTOR at hot asphalt level. The works have been initiated in January 2013 (Contract of work execution N° 118-201 2-MTC/20), and according to the work execution schedule, it is foreseen to be concluded in the second quarter 2015. The maintenance in charge of the CONCESSIONAIRE is scheduled since year 2 of the concession.
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Section San Clemente– Puente Choclococha This sector is 163.81 km currently is in preservation by service levels (Contract of Services N° 055-2011-MTC/20) in charge of the GRANTOR. The evaluation of the current condition of pavement indicates that no Initial Periodic Maintenance is required as it is in good condition. The maintenance in charge of the CONCESSIONAIRE is scheduled since year 1 of the concession. Section Choclococha Bridge- Ayacucho (PE-03S/PE-28A ) This sector of 172.066 km of length is paved at asphalt layer level. This stretch will be operated by the CONCESSIONAIRE through an Initial Periodic Maintenance (IPM) in 166.89 Km since year 3 of the concession. The technical files for the IPM to be formulated by the CONCESSIONAIRE will be concluded in 2015. The maintenance, in all the extension in charge of the CONCESSIONAIRE is scheduled since year 4 of the concession. Bridges in San Clemente Stretch- Ayacucho On the San Clemente stretch- Ayacucho we have identified 12 bridges that need to be replaced due to its age and disrepair. These bridges will be operated by PROVÍAS NACIONAL and delivered in year 2 and 3 of the concession. The Bridges to be operated are the following: • Huancano Bridge (31 m) • Rumicahaca Bridge I (60 m) • Niñacha Bridge (15 m) • Supaymayo Bridge (15 m) • Suchuna Bridge (15 m) • Niñobamba Bridge (15 m) • Rumichaca Bridge II (21 m) • Bridge S-N/Km. 266+284 (15 m) • Ccatumpampa Bridge (21 m) • Angasmayo Bridge (31 m) • Casacancha Bridge (31 m) • Bridge S-N/Km. 327+733 (15 m) The remaining Bridges in this stretch are in good condition; therefore, they do not require any operation. The costs of periodic and routine maintenance of Bridges shall be in charge of the CONCESSIONAIRE; therefore, the referred costs have been considered within the concession.
1.6 ORIGIN-DESTINATION SURVEYS IN THE AREA OF STUDY
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The MTC, through the General Office of Planning and Budget executed in 2011 the Study of Freight and Passenger Demand which consisted of the collection of information origin-destination of cargo and passengers transportation in 175 stations distributed in the national highway network for 24 hours on 3 consecutive days. Of these 175 stations, 17 stations are located in the project area and cover the network to be concessioned, alternate routes and feeder routes and main transverse thereof. The distribution by departments of the stations are four in the department of Junin, 5 in the department of Huancavelica, 4 in the department of Ayacucho and 5 stations in the department of Apurimac.
1.7 COUNTING STATIONS FOR CALIBRATION
The demand analysis was performed according to the vehicular composition (light vehicles, passenger and freight transportation) which occurs in the main roads in the study area. The project database includes detailed results of 10 counting stations (hourly, direction and detailed type of vehicles) the same as shown in the report on demand. Also in the table below are detailed the traffic counts obtained in the counting points in 2011, 2010 and 2008 as appropriate and classified by vehicle category: light vehicles, vehicles of passengers transportation and vehicles of cargo transportation. Vehicle traffic counts in counting points per type of Vehicle: Light vehicles (LV), passengers transportation (PT) and cargo tran sportation (CT).
Overall transport demand for both passengers and freight, depends heavily on economic activity in the study area considered. It is common to relate different indicators of transportation (fuel consumption, traffic volume, etc.) to macro-economic parameters such as population, GDP and GDP per capita. Once the relations are established the projections of
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macroeconomic parameters are applied. At the end of this process the growth rates of passenger traffic and cargo vehicles are estimated until the years 2015, 2017, 2019, 2024 and 2039. Statistical information and projections are broken down at national, departmental and in the best case to provincial level. But the projections used in the modeling process should be related to defined areas of traffic, as they are formed by the grouping of provinces. When the projections are at national level, they are first distributed at the departmental level based on the known historical trends at this level. Similarly, when the projections are at the departmental level, they are distributed at provincial level based on the known historical trends at this level.
2. RESPONSIBILITY OF STUDIES Definitive Engineering Studies and Environmental Impact for Rehabilitation and Improvement and Technical Files for Initial periodic maintenance will be formulated by the CONCESSIONAIRE at the time and manner specified in the Concession Contract. The GRANTOR shall include in the Data Room the study at feasibility level for the Rehabilitation and Improvement.
The terms of reference for the formulation of the Technical Files for the Initial Periodic Maintenance are contained in these Bid Terms.
3. Toll Units and Toll stations 3.1 Existing toll units
In accordance with the Concession Contract, the necessary Systems will be implemented in the existing toll units.
3.2 New toll units
The CONCESSIONAIRE shall build and implement the toll units according to the specifications in Chapter IX of the Concession Contract.
3.3 Toll Stations The CONCESSIONAIRE must install and operate fixed weighing stations and weighing mobile stations. The location for the installation of fixed stations will be coordinated with the GRANTOR. They shall come into operation simultaneously with the commissioning of Sub Section service where the weighing station is located.
4. REHABILITATION AND IMPROVEMENT, INITIAL PERIODIC
MAINTENANCE AND CONSERVATION
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4.1 REHABILITATION AND IMPROVEMENT
For this concession we have considered interventions of Rehabilitation and Improvement at asphalt level of sub section Izcuchaca - Mayocc, for which it shall make the final studies of Environmental Impact and Engineering based on the Terms of Reference contained in Appendix 2 of Annex 9 of these Bid Terms.
4.2 INITIAL PERIODIC MAINTENANCE The Initial Periodic Maintenance interventions foreseen in the project shall be executed by the CONCESSIONAIRE for which it shall formulate the Technical Files based on the Terms of Reference contained in Appendix 1 of Annex 9 of these Bid Terms. The CONCESSIONAIRE shall execute the Initial Periodic Maintenance in the following sub stretches of the concession:
• 42.25 km. of Huanta – Ayacucho stretch (Emp PE-28A) • 70.34 km of Ayacucho-Andahuaylas- Sahuinto Bridge stretch • 166.89 km of Choclococha Bridge- Ayacucho stretch (Emp. PE-
28A)
4.3 CONSERVATION OF CONCESSION ASSETS Conservation activities of the Concession Assets include Road Periodic Maintenance, Routine and Road Emergency of the Concession assets in all Sub Sections included in it. To determine the degree of compliance with conservation activities, the concept of service levels will be used, concept in which it is considered that the functionality of road infrastructure can be expressed by parameters which can set limits that will be called Service levels. These levels are within the permissible limits within which may fluctuate the measure of parameters, so that the road infrastructure adequately provides the service for which it was conceived. In Annex I of the Contract are presented the minimum service levels established by the GRANTOR and deadlines for its implementation. Annex I aims to establish additional contractual obligations for the execution of works, work, activities, operations, actions and proper care of the conservation of the road infrastructure by the CONCESSIONAIRE, as well as setting the limits to the condition indicators of the elements of road infrastructure that must be fulfilled, which are referred as service levels, and in some cases the types of intervention that will run the CONCESSIONAIRE in response to unsatisfactory conditions in road infrastructure elements and based on assessments made. According to the above, in a concession by Service Levels is expected that a CONCESSIONAIRE has the ability to anticipate or identify itself those condition parameters whose measurements are close to acceptable limits and execute the conservation tasks necessary for its correction (without waiting for instructions from the GRANTOR or supervisor), at the
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lowest possible cost, and to comply in the most critical situations with established minimum levels.
In this context, the CONCESSIONAIRE must have the structure, organization and (physical, technical and administrative) resources that enable him to program and run throughout the concession period, the tasks necessary for the measure of the condition parameters of the sub selected road sections is always maintained within the service levels defined in the Contract. In this system, all within the existing rules on the matter, it is permitted to the CONCESSIONAIRE the introduction of technological innovations or new materials to reduce construction and operating costs, minimize environmental impacts, improve the duration of the conservation effects and improve the comfort and safety of users. The Periodic Road Conservation shall be executed in each Sub Section according to the program submitted annually by the CONCESSIONAIRE. Similarly, the CONCESSIONAIRE shall perform the tasks of Routine Road Conservation according to its best estimations, but taking into account the need to comply with the limits of the Service Levels established in Annex I of the contract. The compliance of the conservation standards shall be made according to the procedures and on the time established in Annex I of the contract.
4.3.1 Referential Conservation Program The CONCESSIONAIRE shall submit to the REGULATOR a referential Conservation program according to the procedures outlined in Annex I of the Concession Contract, which describes the tasks scheduled for implementation of the designs and specifications that apply. Benchmark Conservation programs should be based on assessments of the physical conditions and state of the elements of road infrastructure, using monitoring techniques and management tools suitable and appropriate to the needs that arise in Annex I. Also road infrastructure must indicate the policies applied to decision making. The detail of this activity is in the Concession Contract.
4.3.2 Road Conservation
4.3.2.1 Routine Road Conservation It is the set of activities carried out in the way permanently to maintain service levels. These activities can be manual or mechanical and refer mainly to cleaning, patching, profiling, friction, eliminating landslides in small amounts
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as well as cleaning or repair of expansion joints, support elements, paint and drainage in the superstructure and substructure of the bridges. The detail of this activity is in the Concession Contract.
4.3.2.2 Periodic Road Conservation
Is the set of programmable activities every certain period, carried out on roads to retrieve their conditions of service. These activities can be manual or mechanical and refer mainly to: i) replacement of rolling layers, coating, placement of leveling layers, surface treatments and seal, ii) repair or timely reconstruction of lower pavement layers, iii) timely repair or reconstruction of tunnels, walls, drainage, road safety features and signaling iv) timely repair or reconstruction of the road platform, which may include specific drainage works and works that contribute to the stability thereof, and v) repair or timely reconstruction of bridges components both of the superstructure and the substructure. The detail of this activity is in the Concession Contract.
4.3.2.3 Road Emergency Road Emergency experiencing unforeseen damage to the road for reasons of natural forces or human intervention, and that hinders or prevents the movement of road users. The detail of this activity is in the Concession Contract.
4.3.3 Conservation of other Concession Assets Additionally, the CONCESSIONAIRE must keep other Assets of the Concession, such as toll units and weigh stations, equipment of services that are mandatory and optional, equipment, electrical systems, mechanical and electronic operational and administrative, among others. The CONCESSIONAIRE is obliged to update and modernize those assets, in line with technological progress and science.
4.3.4 Other services provided by the CONCESSIONAIRE In addition to the interventions as part of the responsibilities to be assumed by the CONCESSIONAIRE, are the following: � Ambulante service � Central of emergencies. � Communication system in real time of emergency. � Transfer of vehicles service. � Attention to public in the offices of the concession. � Free toilets located in each toll unit. � Other services related to the compliance of its obligations.
4.4 DESCRIPTION OF THE SERVICE LEVEL TO ACHIEVE
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The state of the Assets of the Concession and road infrastructure will be expressed through parameters condition the same as defined in the Concession Contract, which make reference to various aspects such as: the state of the pavement, condition of drains, signal status, quality of movement, etc. The limits of the condition parameters to be met are called "Levels of Service". It is the obligation of the CONCESSIONAIRE to program and timely perform maintenance tasks that enable that anytime the measurement of condition parameters is equal or is above the minimum threshold (or below maximum) established by Service Levels defined in the concession contract.
5. TECHNICAL SPECIFICATIONS
5.1 General Technical Specifications Both for the implementation of the Rehabilitation and Improvement, and for the Initial Periodic Maintenance, the CONCESSIONAIRE shall be guided by the following general technical specifications: • Manual of Geometric Design of Highways DG-2001. • General Technical Specifications for Highways EG-2000. • Manual of Devices of Control of Automotive Transit for Streets and
Highways. • Manual of Materials Testing for Highways EM-2000. • Manual of Bridges Design DP-2003. • General Technical Specifications for the Conservation of Highways,
approved by DR Nº 051-2007/MTC of August 14, 2007. Likewise, those considered in the Terms of Reference for the formulation of the corresponding studies. For future works and tasks of conservation, we shall use said standards or updates thereof made by the Ministry of Transportation and Communications.
5.2 Particular Technical Specifications
For the execution of the Rehabilitation and Improvement and for the Initial Periodic Maintenance, the CONCESSIONAIRE shall be guided by the particular technical specifications contained in the Engineering Studies and Technical Files formulated by the CONCESSIONAIRE and approved by the GRANTOR. In the case of execution of the tasks of conservation, the CONCESSIONAIRE shall be guided by the general technical specifications indicated in the previous section.
5.3 Technical Specifications for complementary work s
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In relation to buildings and in their specialties of structures, electric installations, sanitary and others, will be subject to what is stated in the National Building Regulations in force.
5.4 Complementary technical specifications In the event that the technical specifications in force do not provide for procedures, techniques or materials commonly used in another countries, the CONCESSIONAIRE may propose in their respective programs, the use of complementary technical specifications based on internationally recognized standards of validity (AASHTO, ASTM, DIN, etc.).
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ANNEX N° 9
Appendix 1
TERMS OF REFERENCE FOR THE FORMULATION OF TECHNICAL FILES (Initial Periodic Maintenance)
INDEX 1. PURPOSE 2. DEFINITIONS 3. SCOPE 4. SERVICE DEVELOPMENT
4.1 General Considerations 4.2 Inspection, Initial Assessment and Background Analysis 4.3 Development of Engineering Disciplines
4.3.1 Topography 4.3.2 Traffic and Cargo 4.3.3 Hydrology, Hydraulics and Drainage 4.3.4 Concrete Structures, Art Works and Drainage 4.3.5 Quarries, water sources, dumps 4.3.6 Soils and Pavements 4.3.7 Critical points and Vulnerable Points 4.3.8 Signaling and Road Security 4.3.9 Environmental Impact 4.3.10 Metering, Costs, Budgets, Polynomial Formulas, Programming
and Technical Specifications 5. TECHNICAL FILE 6. TERM
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1. PURPOSE The purpose of Terms of Reference is to issue guidelines to formulate the technical files for initial periodic maintenance at the level of asphalt layer in the Longitudinal de la Sierra Highway Section 4: Huancayo - Izcuchaca - Mayocc - Ayacucho / Ayacucho - Andahuaylas - Sahuinto Bridge/ dv. Pisco - Huaytará - Ayacucho, in the following lengths located in the stretches Huanta-Ayacucho (42.25 km), Ayacucho-Andahuaylas- Sahuinto Bridge (70.34 km.) and Choclococha Bridge-Ayacucho (166.89 km.). Such studies should propose the most suitable solutions or treatments for the road infrastructure in each sub section meets the service levels specified in the Concession Contract.
2. DEFINITIONS For the purposes of the application of these Terms of Reference, you should use the glossary of terms approved by RM N0 660-2008-MTC / 02, likewise, should be noted that all references herein to "Section", "Paragraph", shall be understood as made to section and paragraph of these terms of reference, respectively, unless otherwise indicated .
3. SCOPE The Terms of Reference include all the activities necessary for the formulation of the technical files for the initial periodic maintenance at asphalt layer level in the Sub Sections of the Longitudinal of the Sierra Section 4, given in paragraph 1.0. The Concessionaire is responsible for the technical file to execute, is carried out with the technical quality required, according to the Bid Terms and the Terms of Reference. So, the concessionaire assumes full and complete technical responsibility for the Technical Files. Mismatches, errors and/or omissions detected subsequently to the approval of the Technical File, are the sole responsibility of the Concessionaire. The review of documents and drawings by PROVIAS NACIONAL, during the preparation of the Technical File does not relieve the Concessionaire of the final and full responsibility for it. Based on the results of the assessments of the state of road infrastructure in the various Sub Sections, we must develop the necessary disciplines to raise the most appropriate treatments and solutions to define the Initial Periodic Maintenance that meets the service levels considered in the solutions Concession Contract, the same necessarily must consider as an alternative the application of modern technologies of Road Conservation, upon evaluation of its implementation costs and profitability analysis.
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Without excluding the Concessionaire obligations under existing legal provisions, and that are inherent as such, the following activities constitute essential obligations: a. Field Works
• Making traffic flow counts, origin - destination surveys and freight surveys at stations to be defined for the Study of Traffic and Cargo.
• Identify the critical and vulnerable stretch Points. • Run the drilling, sampling, testing and geotechnical evaluation,
hydrology, hydraulics, soils, quarries, and water sources. • Execute topographic stake in all the stretch, which includes the
necessary for the proposal of solutions related to intervention in pavement, to critical and vulnerable points, for the determination of areas, volumes and power of quarries, and for other purposes.
• Execute measurements and tests necessary in pavement, concrete structures, art works drainage works, and signaling elements and road safety.
• Identify Black Points of the Road as part of the Signaling Study and Road Safety.
• Identify quarries, dumps, water sources and areas where Camps will be installed, production plants of aggregates, plants of asphalt mixtures, concrete plants, etc., verifying the availability.
• Identify the environmental conditions of the project area, and gather information for the adequate environmental Management during the execution of the Initial Periodic Maintenance.
b. Cabinet Work
• Compilation, review and analysis of all the information related to the studies, to be informed of the background of Solutions previously proposed, evaluate the performance of them, and obtain the best criteria for the proposal of Solutions of the Initial Periodic Maintenance.
• Calculation of all the parameters that intervene in the design and sizing of final Solutions to be proposed, including those obtained from the Traffic Study.
• Based on the assessment made, design and/or condition art works and drainage, or other necessary protection structures.
• Based on the assessment made, design the reinforcements and/or repairs necessary in the pavement considering the areas or sectors of the stretch that according to the assessments have serious problems in their functional and structural condition.
• Calculate the volumes of materials required and available in quarries for their use in the project.
• According to the magnitude of problems that are identified as critical points, submit the recommendations required for the final solution, for each specific case.
• Propose Solutions in signaling that contribute to the security of users of the stretch.
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• Design Mixed Asphalt Concrete, Concrete Portland Cement and other activities deemed necessary, using aggregates of quarries proposed, this in order to ensure optimal quality of the work, checking their consistency with the amounts of materials and defined work amounts (dosages of asphalt cement, additives, etc.) and that are suited to the availability of materials according to the Study of Quarries and water sources.
• Define the amounts of work resulting from the selection of the optimal alternative of Initial Periodic Maintenance.
• Submit the environmental management plan during the execution of the Initial Periodic Maintenance.
• Establish the technical specifications of each one of the items and sub items proposed, taking care that they cover all the general and special aspects of the project.
• Prepare the Technical File at execution level, of the Study for the Initial Periodic Maintenance of each one of the sub stretches, including costs, budgets and programming of activities.
4. DEVELOPMENT
Then and without limitation, the guidelines to be followed by the Concessionaire are presented, the actions to be carried out, the essential obligations and responsibilities that are generated from them, until concluding with the Technical File. 4.1 General Considerations
• The Concessionaire shall develop its task, respecting the legal Framework in force: the General Technical Specifications for the Construction of Highways (EG -2000), approved through D.R. N° 1146-2000- MTC/15.17, modified by D.R. N° 051-2005- MTC/14 and D.R. N° 087-2005-MTC/14; the General Technical Specifications for the Conservation of Highways approved by D.R. N° 051-2007-MTC/14, the Manual of Materials Te st for Highways (EM - 2000), approved by D.R. N° 028-2001-MTC/15.17; the Environmental Manual for Design and Roads Construction of the MTC; the Terms of Reference for Environmental Impact Studies of Road Construction of the MTC; and the Manual of Control Devices of Automotive Transit for Streets and Highways, approved through M.R. N° 210- 2000-MTC/15.O2.
• Any design prepared by the Concessionaire should strictly adhere to the procedure indicated by its corresponding standard or method, and in the memory of calculation we should make explicit reference to it. Similarly, we should proceed for the execution of tests.
• For the design of pavement reinforcements, the Concessionaire shall use the AASHTO method in its 1993 version or higher, prior determination of the elastic parameters by a rational method.
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Additionally, it shall develop mathematical modeling of design that will be obtained for its verification using the failure criteria.
• As a supplement or alternative, the Concessionaire shall also propose the use of other design methodologies, testing standards, or technical criteria used by entities or organisms of recognized prestige, provided its use is technically justified for the optimization of the project.
• The Concessionaire should respect the current geometry of the road. If any modifications are required in the outline, these shall be mentioned as alternatives of solution for the cases of specific sectors identified as critical points, vulnerable points or black points.
• Any declaration, estimation, data or proposal of the Concessionaire should be supported by a conceptual and analytical justification. Estimations or appraisals shall not be accepted without the corresponding support.
• If necessary, the Concessionaire should make permanent coordination with the personnel of the Technical Office of Concessions of Provías Nacional, with the purpose to more accurately identify the main problems that should be solved to reach an adequate serviceability of Sub Section.
• We should propose the most adequate repairs in the areas or sectors of the highway that are identified as critical points, which depending of their complexity and magnitude might have a special treatment. Also propose other kind of Solutions related to prevention works of emergencies in vulnerable points and works of mitigation of environmental impact, with the purpose that the execution thereof enables to assure the required service levels.
• The specific improvements to be introduced in the initial periodic maintenance, regarding the solution of problems of hydraulics and drainage should be of such magnitude that they do not allow the assumption of proposing the execution of a project of hydraulics improvement, instead of a project of Initial Periodic Maintenance.
• Each report and corresponding stage should contain a dated photographic panel, where it can be observed the specialists performing their field tasks, in case of not enclosing the indicated information it shall be understood that the specialist has not developed the field tasks, requesting its change and the application of the corresponding penalty.
• The Technical File including drawings, technical specification and Budget of work should be subscribed in signal of agreement by the Legal Representative of the Concessionaire, by the Project Leader, by the Specialists Professionals who participate in its preparation.
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• In the Edition of the Technical File, we must use Microsoft Word for texts, Microsoft Excel for spreadsheets, Power Point for slides, MS Project for programming, AUTOCAD for drawings and S10 or similar for costs and budgets.
• All the information of studies should be submitted in printed and digital version in the original programs in which they have been worked, we shall not accept files in PDF, except notebooks or field notes.
4.2 Inspection, Initial Assessment, and Background Analysis
This task comprises the following: • The inspection and initial visual evaluation of the section with the
purpose to contrast the background to be compiled, with the current conditions of the section.
• The compilation, review and analysis of Basic Studies, Studies for the Initial Periodic Maintenance and final studies prepared for the section (Technical File of the last Rehabilitation) and all the information related with the same, that exist in Provías Nacional, in another agency of the MTC, or other entity related to the sector, that may be of useful for the preparation of the studies of Initial Periodic Maintenance.
• The compilation, review and analysis of the final reports of supervision and quality control of the last works executed in the section (Rehabilitation, Improvement or Maintenance or others).
• Preparation of charts and graphics based on the information and background, where are shown the stratigraphic profiles and the characterization of soils of the prism of the road, the characterization of the pavement layers, the identification of quarries and water sources with their physical characteristics, the original volumes, the operated volumes, and available volumes of the mentioned quarries, the evolution of traffic and loads in pavement, the evolution of pavement distress, the identification of critical points, vulnerable points, Black points, environmental liabilities and other aspects related to geology, geotechnics, hydrology, hydraulics and drainage of section, the identification of alternatives of solution previously proposed for the different sectors of the section and the reasons by which they were not implemented, etc.
4.3 Development of Engineering Disciplines
The Concessionaire shall develop at least the following engineering disciplines that require the technical files, under the following guidelines:
4.3.1 Topography
• The topographic survey shall be made in the section of the road. These should cover the sections where the pavement solutions are proposed that include a
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structural contribution (among other jobs involving removal of asphalt layer, such as asphalt recycling on site, milling and hot recycling in plant of asphalt layers, recycling in situ depth, using retreads with micro pavement) leveling layers and others to rectify the roughness, asphalt seals and others to improve the macro and micro texture of the road surface. This stake should allow obtaining floor plans, cross sections and longitudinal profile of the road. Also, each of these homogeneous sections must present their corresponding Typical Cross Sections.
• Areas and volumes of quarrying exploitation, dump areas, watersheds and other areas requiring revision shall be determined by surveying.
• In general, for aspects related to indications made in the preceding paragraphs of this item, we should use as reference the geodetic landmarks (UTM coordinates) closest to the project area, or will be determined using GPS satellite positioning equipment. Preferably, the altimeter must be referenced to the Bench Mark (BM) of the closest IGN.
• In general, all survey points, BMS and benchmarks used in the survey should be installed with concrete, must be clearly marked on the plans to be drawn up.
• For aspects such as inventories of minor art works, drainage elements, vertical signs, etc., referencing can be performed using a manual GPS of adequate precision.
• The plans of the survey will be made following what is stated in section 7 - Technical File - Volume N0 4: Plans.
4.3.2 Traffic
• All information on traffic flow counts and control of weights and measures, existing in the dependencies of the MTC will be the subject to review and analysis.
• The Concessionaire should locate the necessary stations in the section, to perform the traffic counts to obtain representative samples for the calculation of vehicular flows in the different sectors of the section.
• Also origin –destination surveys should be made – (OID) and the census of load necessary to obtain among others, the reports of the kind of transported load, the pressure of wheels of vehicles, operation speed, and other details (type, trademark, model, year, number of seats, number of occupants, type of fuel, empty weight, dry weight, payload, etc.).
• Field work should consider at least seven (7) days of counts (Monday to Sunday) for each considered station.
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• From the processed and evaluated information, the Concessionaire will determine the traffic projections for each type of vehicle, supporting the adoption of the annual rate of traffic growth. It shall also determine the composition of traffic, the destructive factors necessary for the calculation of equivalent axes of 8.2 Ton, and the number of repetitions of EE-for the period reinforcement design of the structural package.
• The results obtained in the development of this discipline should also serve as input for the solution for pavement.
• All the information should be submitted in the formats established by the General Office of Planning and Budget of the MTC.
4.3.3 Hydrology and Hydraulics
• The purpose of the Study of Hydrology and Hydraulics of the section is to identify problems that can be solved with initial Periodic maintenance intervention and should take into account for this purpose the basic and definitive studies should exist since its construction project. In any case, the Concessionaire must use that information as a basis for its evaluations.
• The development of this discipline will be focused on obtaining all the information necessary for developing solutions to the local hydrodynamic problems, or other related issues that arise along the stretch and affect it (structural package and/or backbones), such as materials landslides (landslides), riverbank erosion, erosion by surface runoff, etc.
• Among the parameters that must obtain the concessionaire for the design of new structures necessary for efficient drainage system, to provide adequate protection to the path will be: chance of growing, estimates of flow, drift velocity, erosion of river banks, transport of sediments etc.
• Where the Concessionaire deems necessary the placement of new sewers, and prior approval of the Contract Grantor, we should prepare a profile of its longitudinal axis to not less than 100 meters distance. upstream and downstream, and cross sections to the axis of the culvert will be taken so that the conditions of the channel basin reproduce and excavation needs to be obtained.
• Similar procedure will be adopted in the case of sewers and gullies that require repair for hydraulic failure.
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4.3.4 Structures and Art Works • The Concessionaire shall perform the measurements,
tests and evaluations necessary to determine the functional and structural condition of concrete structures, works of art and the existing drainage in the section: such as ditches, culverts, frilly, collectors, pontoons, speed bumps, walls, sub drains, gabions, drywall, protective structures, and others that it deems appropriate to evaluate.
• Based on the information of topography, geology and geotechnics, hydrology and hydraulic the concrete structures of Portland cement shall be designed, art works and works of additional drainage whenever they are needed, as are required in the stretch, or the repair or replacement of existing: sewers, ditches, coronation trenches, frilly, collectors, gullies, culverts, protection structures, concrete walls, drywall, etc. that are in disrepair, including sealing of cracks and patching of concrete structures.
• For the sectors identified as inadequate drainage, the design of works to be incorporated as specific improvements, shall correspond to a minimum of 25 years and must be specified its best location and costs. Previously we shall calculate the parameters to consider in the design of new structures that are required for efficient drainage system.
• The Concessionaire must keep in mind that these specific improvements to incorporate in the stretch, will not be of a magnitude to suggest that is considering a special project of hydraulic improvement.
• The Concessionaire shall prepare detailed plans to a convenient scale, of each of the structures that require treatment, as well as art works and surface drainage or underground that are required to implement.
4.3.5 Quarries, Water Sources and Dumps
• The Concessionaire may use as reference, the analysis made in quarries considered in the execution of the last rehabilitation of the section and/or the Periodic Maintenance, making verifications of properties and quality of materials, as well as available volumes, performing drill holes, tests, sampling, assessments and surveys necessary to determine the areas, volumes and power.
• The Concessionaire shall make the survey and cross sections of quarries to be used that will support the volume of material to exploit.
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• He may use as reference, the analysis made in quarries considered in the execution of the last rehabilitation of the section and/or
• The verification drilling shall be three per each hectare at depths not lesser than the maximum of exploitation. The Concessionaire shall submit a photographic registry and of excavation for each one of the surveys it shall make in all studied quarries, in which it shall specify the characteristics of the aggregates, form, size, moisture and color in accordance to the ASTM D-2488 standard.
• Take into account that the laboratory tests to determine the physical, chemical and mechanical characteristics of the materials from the quarries must be necessary to ensure compliance with the requirements demanded of quality, quantity and availability.
• Laboratory tests to verify the physical, chemical and mechanical characteristics of quarry materials; shall be made basically according to the Materials Testing Manual for Highways of the MTC (EM-2000) and complementarily according to some other regulation in force (ASM, AASHTO, NTP, etc.) and will be according to the intended use:
Standard Tests : o Granulometric analysis by sieving, o Material that passes the mesh No200. o Natural moisture. o Limits of Atterberg (Material that passes the mesh N°
40). o Classification of soils by the SUCS and AASHTO
methods.
Special Tests: o Modified Proctor o California Bearing Ratio (CBR). o Percentage of flat and elongated particles. o Percentage of particles with one and two fracture
faces (the ratio is 1/3: thickness/length), o Percentage of Absorption (coarse and fine
aggregate), o Limits of Atterberg (Material that passes the Mesh
N0 200). o Percentage of friable particles, o Equivalent of sand, o Abrasion. o Durability (coarse and fine aggregate), o Adherence between aggregate and bitumen (coarse
and fine aggregate),
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o Total Soluble salts, o Content of Sulphates, o Organic impurities. o Volumetric weights (loose and compacted, coarse
and fine aggregate), o Specific weights (loose and compacted, coarse and
fine aggregate). And others indicated in the General Technical Specifications for the Construction of Highways (EG-2000) of the MTC.
• The representative samples of the materials of each quarry shall be submitted to the totality of tests required by the General Technical Specifications for the Construction of Highways of the MTC (EG-2000) according to the proposed use; the minimum is: o Standard tests: a set of tests for each test pit, o Special tests: Two (02) sets of tests for each quarry,
to cover the area and exploitation volume, to determine and establish its physical-mechanic characteristics and support the compliance of the Technical Specifications.
The aforementioned should not limit the Concessionaire to consider new quarries, necessary for the Initial Periodic Maintenance in which case the minimum number of tests shall be: o Standard tests: a set of tests for each test pit, o Special tests: Five (05) sets of tests per each quarry.
• In general, quarrying and/or verified areas of loans or new must be located, bounded, defined its access roads, analyzed and classified, assessing their capacity and volume to provide different types of materials to be used in the work run on the track, also indicating their legal status to avoid further costs for right of exploitation.
• Equal treatment shall have the information of water sources. Their location should be determined and make samplings to verify their quality (chemical analysis), accurately indicating if these water sources are of permanent system.
• In case background is insufficient, the necessary quarries and water sources should be located.
• It should identify areas that serve as dumps and perform measurements and surveying to determine the capacity of the same.
4.3.6 Soils and Pavements
Assessment of the Surface Condition of Pavement • Comprises the execution of fault survey, that should
serve to qualify the surface condition of pavement with
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the determination of the value of Pavement Condition Index (PCI), using the method of the same name (adaptation of standard ASTM D 5340 - 98, Standard Test Method for Airport Pavement Condition Index Surveys, and application of standard ASTM D 6433 - 99, Practical Standard for Roads and Parking Lots Pavement Condition Index Surveys).
• The technology to be used for the failure survey and the processing of results of measurements shall be executed through direct measurements of failure survey (traditional method). In this case the survey should be made at 100% of the pavement surface and also include the berms. The assessment shall enable to sectorize by types of intervention in the pavement surface, considering the structural assessment of pavement.
• The results of this assessment should enable to establish the state of progress of deterioration of pavement, and in a first instance its state and the level of intervention that requires pavement on the assessment date.
Assessment of the Functional Condition of Pavement • The Concessionaire shall assess the functional condition
of pavement through measurements of its surface regularity (rugosity), using equipment and measurement methods that are compatible (or that may be considered compatible) with the methods of measurement Class 2 or Class 3 established in the World Bank Technical Paper N0 46 (1986), or with those established in the ASTM E950 standard. The calibration of equipment Class 3 shall be made with the look and level method.
• In any case, the field measures shall be made continuously each 100 m, along the entire road and in each lane, which allow to calculate a value of the IRl (average and characteristic). Any equation of calibration and/or correlation should be statistically supported and developed in the corresponding report demonstrating the used methodology.
• The last objective of the assessment of the functional condition of pavement shall be to determine the value of the Present Serviceability Index (PSI) of pavement from the values of measured rugosity, and the use of the theory and algorithms resulting from the International Experiment for Rugosity of Paths, which results were published in the World Bank Technical Paper N0 45 (1986), which will allow to establish the state of progress of deterioration of pavement, and establish in a second instance the type of treatment to be executed.
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Assessment of the Structural Condition of Pavement • The concessionaire will evaluate the structural condition
of the pavement by methods that use equipment or instruments whose measurements of deflection curves or deformed pavement allow to make modeling and calculations of elastic parameters through mechanistic theories, such as those using Benkelman Beam, The Deflectometer "Falling Weight Deflectometer'1 (Dynatest FWD, FWD KUAB or other). In any case, the frequency of measurements of deflection curves may not exceed 50 meters. Alternating each way (The measurement is made in each of the lanes and along the entire stretch). With this information we can obtain the maximum deflections and allowable characteristics, the radius of curvature, the modules of elasticity of the sub ground (Eo) and the pavement (E*), and the CBR sub grade, are parameters used later in the designs.
• The last objective of the structural assessment of pavement will be to determine the Effective Structural Number or similar parameter that will be used in the design or reinforcement calculation.
Soil Survey and Destructive Test in Pavement • In areas and/or sectors where pavement assessment
indicates that it has structural and/or functional sever problems or exceeding the permissible deflections are registered, all the pits of prospection must be carried out and sampling necessary, both sub ground and layers that form the pavement structure, for tests to determine the physical and / or chemical characteristics of the sampled materials, so that they can confirm the results of the assessments, define their causes, and thus may arise the most appropriate solutions. The number of surveys will be defined by the Concessionaire considering that these should have a depth of at least 1.50 meters. below the pavement structure and must substantiate the phenomenon in that sector. Before its execution, the number and location of these should be coordinated with the Contract Administrator and authorized by him, of each test pit made must be reported its geo location, which allows easy location and if appropriate the verification of the stratigraphy of soil, the Concessionaire must perform diamond drilling 01 per each km to verify thicknesses and test the reusing of the existing aggregates.
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• For the case of soils, and where we can observe that the pavement preserves its structural characteristics the minimum number of pits to execute will be one each 5 Km. The execution of these pits, must allow obtaining samples per each stratigraphic variation, and the preparation of stratigraphic columns. From this information, we shall determine the physical characteristics of the materials of the sub ground and the structure of pavement in both lanes (granulometry, limits, density, moisture, % of compaction, CBR, etc.), to analyze them and compare with the results of calculation of elastic parameters of the Structural Assessment.
• The Concessionaire shall take special care to identify and classify the sectors of the section that have a high potential of pavement deformation due to the presence of expansive soils in the underlying layers.
• A relative scale shall be established from a correlation between the degree of gravity of the problem and the resulting parameters from laboratory tests that are chosen, to classify the sub sectors or section areas with this problematic.
Sectorization of Section • Based on the results of pavement assessment, sectors
that shall have a same treatment of Initial Periodic Maintenance shall be formulated (Homogenous Sectors). Additionally, other variables shall be taken into account such as traffic, climate, altitude, type of pavement structure, geometric characteristics of the sector or others that are applicable. In any case, the Concessionaire should calculate the coefficient of variation of rugosity and deflection in each Homogenous Sector with regard to the other, which should be less than 15% and 30% respectively. In specific cases we may consider other limits, provided they have duly support.
Designs • From the results of the pavement assessment, the
prospection of soils and destructive tests in pavement, and the sectorization of section, the Concessionaire shall propose the designs and solution alternatives for the Initial Periodic Maintenance of pavement, including the Repairs and Routine Maintenance Works that are previously necessary to execute.
• The Concessionaire may use the most adequate methodology to propose the solutions, the same that
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should be supported (design AASHTO method in its 1993 version or higher, prior determination of elastic parameters by a rational method for a period of design of eight (08) years, and shall demonstrate in a memory of calculation all the criteria adopted describing step by step how the results have been achieved.
• The solutions that should be proposed should be comprised within the Framework of activities considered in the Manual of General Technical Specifications for the Conservation of Highways approved by D.R. N° 051-2007-MTC/14, (27-08-2007), in case there is another proposal of solution it should have the approval of the Contract Administrator.
• The Concessionaire may propose alternatives of solutions that meet the requirement to use modern road maintenance technologies, such as: micro agglomerates, micro pavements with SBS polymer modified asphalt type, stonemastic asphalt or stone matrix asphalt (SMA), BBTM, BBUM, micro asphalt pavement modified with emulsified polymers type SBS, emulsified micro pavements with emulsified asphalt modified with polymers SBR type, retreads of asphalt concrete made with polymer modified asphalt SBS type, recycled in cold in situ (Cold in place recycling) of asphalt layers, milling (Coldplaning) and hot recycling of asphalt layers in plant, depth recycling in situ (Full depth in place coldrecycling), antiglare treatment of fissures using clearing tension membranes (SAM / SAMI), draining asphalt layers, foamed asphalts, treatments of fissures and cracks with elastomeric sealants in hot based on polymer modified asphalt cement with SBS, fissures and cracks treatments with elastomeric sealants based cold asphalt cement modified with SBS polymer emulsified treatment of fissures and cracks with cold elastomeric sealants based on emulsified asphalt cement with emulsified polymer modified SBS, treatment of fissures and cracks with cold elastomeric sealants based on asphalt cement emulsified modified with SBR polymer, seals and risks with emulsified asphalts modified with polymers SBR type, etc., and others that have the appropriate technical support and the Contract Administrator approves.
• It should also consider the use of ecological materials, and if appropriate adapt the designs to weather and altitude of the project area conditions (precipitation, extreme temperatures, thermal gradient, weather, etc., as appropriate), and their types of soils (soils expansive potential or other). In the specific case of altitude conditions, considerations will be referred to the
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incorporation of recommendations for the design of pavements in height, specifically with respect to dosages and type of asphalt cement, minimum thickness of layers of asphalt concrete, incorporation of filler, incorporation of adhesion-improving additives, use of high performance asphalt cements and improved quality, use of special granulometric spindles for aggregates, etc.
• The Concessionaire shall take particular care in determining the affinity of the aggregate pair - asphalt, testing the materials intended for use in various asphalt mixtures.
• The functional condition and the security factors of pavement, which will be required for the proposed solutions and that will be included in the Technical Specifications are: the Condition parameters, Serviceability, Maintenance Indices, etc., of pavements required for the solutions proposed by the Concessionaire, and will be detailed in the Concession Contract– Appendix 2: “Parameters of Condition and Required Serviceability in Road Concessions” (Levels of individual service and reply terms)
4.3.7 Critical Points and Vulnerable Points • Based on visual inspection to be performed at baseline,
plus the results of the other assessments, the Concessionaire will identify, assess and rank the critical points and vulnerabilities of the section; pavement areas with widespread damage, hydrodynamic problems areas, areas with geodynamic problems, problems of slope stability, drainage failure, hydraulic failure in existing drainage, settlements, riverbank erosion, landslides materials (landslides) undercuts, silting of riverbeds, flooding, leaks, etc.
• It must pose the most appropriate repairs in areas or sectors of the road that are identified as Critical Points. It should also propose the other work-related repairs of Emergency Prevention in Vulnerable Points, in order that the implementation thereof would ensure the required service levels to stretch during the design period.
4.3.8 Signaling and Road Security
• Based on the visual inspection that should be made at the beginning of the study, plus the analysis of the statistics of accidents in the stretch, the Black Points of the stretch will be identified.
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• The Concessionaire will make a detailed assessment of the current condition of the elements of the existing road signs and safety on the stretch through measurements and tests to identify replacement requirements, replacement, or repair.
• The work arising in the Technical File will refer mainly to the solution of replacement requirements, replacement or repair of damaged signals; painted solid lines or discontinuous of the axis or edge of the roadway and circulation channels; painted of other security elements; replacement, reset or repair of signposts, kilometric posts, and delineator posts; consistent specific improvements in the provision and installation of new signaling elements and road security such as road markings, signs and others, or longer lengths of guardrails, etc.
• The Concessionaire shall also propose the most adequate solutions to the Black Points of the stretch.
4.3.9 Environmental Impact
• The Concessionaire shall identify, predict, interpret and propose the environmental impacts that the execution of the Initial Periodic Maintenance could cause in the various components of the environment, cultural and archaeological heritage; proposing the most appropriate corrective measures to prevent the occurrence of environmental impacts that are adverse to health and wellbeing of people.
• In general the Concessionaire should propose the repairs related to environmental impact mitigation works in the stretch.
• The Concessionaire shall define the mitigation measures for works to be performed, and shall determine the treatment to be given to environmental liabilities that are pending of solution, focusing mainly on: o Location of Camps, asphalt plants, quarries and
dumps. o Potential impacts of works in general, in the ecologic
environment. o Adequate procedures to work quarries of materials,
defining the treatments that at the conclusion of their use shall be given to these areas (leveling, Billings or other necessary measures).
o Adequate procedures for use of dump areas of exceeding materials, or waste removal, defining how to accommodate them and if necessary to cover them.
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o Management plan and environmental follow-up to avoid and/or mitigate the indirect impacts and quantify them,
o Prevention plan and Contingency to face possible accidents, earthquakes, flooding and fuel spills or pollutants, transit accidents, fires, etc.
o Implementation of Methodologies to quantify the impact, so that the statements that may be made are objective and quantitatively verifiable.
o Determination of costs of solutions to be adopted. • The Concessionaire shall gather the necessary
information for the adequate environmental management of the project during its implementation.
Programming, Technical Specifications and Project Drawings • Once the designs, solutions, treatments and repairs on
the road infrastructure are proposed, we will proceed to the development of sustained metering payrolls, costs, budgets, polynomial formulas, timelines, and technical specifications, verifying that correspond to each other and are compatible; on implementation procedures, methods of measurement and project drawings.
• The metering shall be calculated considering the items of work to be executed and its unit of measure. The Concessionaire is responsible for drawing with reasonable detail and accuracy, the payrolls of quantities of work that is required to run on each of the stages of the Initial Periodic Maintenance and detailed for each specific budget, presenting their results in three formats: Detailed spreadsheets by cuttings, payroll summary per kilometer, and payroll summary by sector of five kilometers.
• Diagrams, sections and typical sketches should be included that contribute to its interpretation..
• The analysis of unit prices, indirect costs (fixed and variable overheads, and profit), will be calculated in detail for each item of the project, considering labor force, equipment, and materials, as well as actual performances.
• The costs considered in the materials and inputs should be supported by the corresponding market study, enclosing the quotations (minimum 03) and comparative charts that allowed costs determination.
• Rates of equipment considered in the analysis of unit prices must be backed up with the appropriate market research, attaching the quotation and comparison charts.
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• In the case of equipment related to new technologies, with no reference in the national market necessarily rental rates should be calculated sustained by quotations of acquisition and calculations of owning and operating costs.
• The Budget of Initial Periodic Maintenance should be calculated based on the metering and the analysis of unit prices, differentiating direct costs, indirect and the VAT.
• While the technical specifications of the project subject matter of the works to be executed in the Initial Periodic Maintenance are considered in this chapter, they must be developed by each of the experts, by item and for each specific item in the budget, and must be signed by every specialist in acquiescence, also should take into account the General Technical Specifications for Road Maintenance approved with D.R. No. 051-2007-MTC/14 and General Technical Specifications for Construction of Roads of the MTC (EG-2000) and its amendments, and will also include quality control and testing during the implementation and the receipt of the Initial Periodic Maintenance, and other general aspects related to environmental conservation, the survey stakeout, construction camps, the overall cleanliness of the work area, maintaining trafficability in all the stretch, etc.
• It should take special care to include within the quality controls that will be part of the technical specifications, permanent controls of the functional condition, structural and safety factors of pavement at each stage of the implementation process of work, so that in the event that incorrectly carrying out the work, they can take corrective action in a timely manner and before completion.
• Also, the ratio of minimum laboratory equipment for proper quality control of the work should be included, which will be a key aspect of quality control of the execution of the Initial Periodic Maintenance. The implementation program of the Initial Periodic Maintenance will be formulated, considering the restrictions that may exist for the normal execution of the works, such as rain or adverse weather conditions, difficult access to certain areas, difficulty in providing some materials and/or imported inputs, and others. This program will be developed using the PERT and CPM method, and shall identify activities or items that are in the critical path of the project. A bar graph for each of the tasks will be submitted and from this programming we shall prepare the Progress Valued Calendar and others.
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The program of work execution should be accompanied of a list of minimum mechanic equipment necessary to ensure the compliance of delivery terms of the Initial Periodic Maintenance.
5. TECHNICAL FILE The Concessionaire shall elect the presentation it considers most appropriate for the Technical File, provided it fits the structure proposed by the GRANTOR. The documents submitted must have an index and page numbering: Then GRANTOR has the following structure for the Technical File, the same that will consist of the following volumes:
• Volume N° 1: Descriptive Memory and Specific Studie s
1. DESCRIPTIVE MEMORY The description of the work performed, the results obtained, and the proposals, as well as the location map of the project, and a general drawing that plots the proposals, and a complementary drawing of the typical sections of the proposals will be presented, all including appropriate scale to allow proper viewing. On the first page shall include a list of all the professionals responsible for the development of the studies, showing their full name, specialty, CIP registration number and signature. Next is the proposed structure for this part of the Technical File: 1.1 Project Background 1.2 Project Objectives 1.3 Project Location 1.4 Location Drawing 1.5 Key Drawing 1.6 Drawing of Typical Sections and Sectorization 1.7 Project scope
1.7.1 Topography 1.7.2 Traffic 1.7.3 Hydrology and Hydraulics 1.7.4 Structures and Art Works. 1.7.5 Quarries, Water Sources and Dumps 1.7.6 Soils and Pavements 1.7.7 Critical points and Vulnerable Points 1.7.8 Signaling and Road Security 1.7.9 Economic Assessment 1.7.10 Environmental Impact 1.7.11 Metering, Costs, Budgets, Polynomial Formulas, Programming and Technical Specifications, Drawings
2. TOPOGRAPHY 2.1 General
2.1.1 Location
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2.1.2 Description of Project Area 2.1.3 Work scope
2.2 Background of Project Area 2.2.1 Compilation 2.2.2 Analysis 2.2.3 Conclusions
2.3 Land Survey of Hydrology, Hydraulic and Drainage 2.3.1 Field Work 2.3.2 Cabinet Work
2.4 Land Survey of Concrete Structures, Art Works and Drainage 2.4.1 Field Work 2.4.2 Cabinet Work
2.5 Land Survey of Quarries, Dumps and Water Sources 2.5.1 Field Work 2.5.2 Cabinet Work
2.6 Land Survey of Soils and Pavements 2.6.1 Field Work 2.6.2 Cabinet Work
2.7 Land Survey of Critical Points and Vulnerable Points 2.7.1 Field Work 2.7.2 Cabinet Work
2.8 Land Survey of Signaling and Road Security 2.8.1 Field Work 2.8.2 Cabinet Work
2.9 Land Survey of Environmental Impact 2.9.1 Field Work 2.9.2 Cabinet Work 2.10 Analysis, Conclusions and Recommendations
3. TRAFFIC
3.1 General 3.1.1 Location 3.1.2 Description of Project Area 3.1.3 Work scope
3.2 Background of Project Area 3.2.1 Compilation 3.2.2 Analysis 3.2.3 Conclusions
3.3 Location of Stations 3.4 Volumes and Classification of Vehicular Flows
3.4.1 Field Work 3.4.2 Cabinet Work
3.5 Traffic Projections 3.5.1 Normal or Current Traffic 3.5.2 Generated and Deviated Traffic 3.5.3 Projections
3.6 Magnitude Study and Frequency of Axis
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3.7 Analysis, Conclusions and Recommendations
4. HYDROLOGY AND HYDRAULICS 4.1 General
4.1.1 Location and Description of the Work Area 4.1.2 Work scope
4.2 Background of Work Area 4.2.1 Compilation 4.2.2 Analysis 4.2.3 Conclusions
4.3 Assessment of Hydrodynamic Problems 4.3.1 Field Work 4.3.2 Cabinet Work
4.4 Assessment of Hydraulic Failure and Drainage Failure 4.4.1 Field Work 4.4.2 Cabinet Work
4.5 Developing Solutions 4.6 Analysis, Conclusions and Recommendations
5. STRUCTURES AND ART WORKS.
5.1 General 5.1.1 Location and Description of Work Area 5.1.2 Work scope
9.4 Inventory of Signaling Elements and Road Security 9.4.1 Functional Assessment
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9.4.2 Structural Assessment 9.5 Analysis, conclusions and Recommendations
10. ENVIRONMENTAL IMPACT
Processed by the Concessionaire before the DGASA
11. METERING, COSTS, BUDGETS, POLYNOMIAL FORMULAS AND PROGRAMMING Should be submitted for each execution stage of the Initial Periodic Maintenance. The programming shall include the work execution schedules and disbursements, duly supported by their corresponding PERT - CPM programs and Bar Diagram.
• Volume N° 2: General Technical Specifications and S pecial • Volume N° 3: Metering
The following items should be considered: 1. Metering of Preliminary Works 2. Metering of Earthworks (Repair area, Black points, etc.) 3. Metering of pavements 4. Metering of Art Works and Drainage 5. Metering of Signaling and Road Security 6. Metering of Works of Environmental Mitigation
• Volume N° 4: Drawings
o In what is not stated specifically in the development of this item described it will be considered in the DG-2001 standards for the presentation of the Projects Final Report, Chapter I: Presentation of the Report Section 103 Report: Condition for the Development of the Final Report, 103.4 Presentation of Drawings. It may be modified prior coordination and approval of the contract administrator.
o The original drawings shall be submitted in colored bond paper, and the copies in the same paper in White and Black, with the necessary information clearness for its interpretation.
o Without been limited to the list indicated as follows, the most important drawings and their content shall be the following: 1. Index Drawing with general information. 2. Location drawing and Localization. 3. Kew drawing at convenient scale (1/100,000), in non-
deformable paper, with UTM coordinates, and showing the geographical accidents, populations, communication means, materials sources, dumps, water sources, etc., that exist within the project area, also a table of distances, altitudes, traffic and any other information that is deemed necessary.
4. Sectorization Drawing with the following information: a. Superficial impairments according to the assessment
of the pavement by the PCI method, showing
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numeric and graphics results of coded failures, pursuant the catalog established by the mentioned method.
b. Deflectogram by homogeneous sectors (Radius of curvature, average deflection, characteristic deflection, Admissible deflection for each stage of the Periodic Maintenance), including projections for the next ten years.
c. Rugogram by homogeneous sectors (average PSI, IRI, admissible IRI, characteristic IRl).
d. Elasticity modules of pavement. e. Soil profile, classification of materials from the
different strata, CBR, physical constants and other parameters of significance that the Concessionaire may consider; of the sectors where soil surveys are performed and destructive tests, Scale 1:10,000 (H) and for the stratigraphy of pits 1:20 (V).
f. Results of surveys in the tread. g. Identification and classification of critical points and
vulnerable points. h. IMD Traffic by homogeneous sectors, annual
vehicular growth rate and location of counting stations.
5. Sectorization drawing with the information of the strategy adopted as solution, in each one of the stages of the Periodic Maintenance: a. Reinforcements for structural failure, if any. b. Combination of reinforcements for structural failure
and asphalt layers to correct the rugosity, if any. c. Asphalt layers to correct rugosity. d. Surface treatments of protection: mortars, seals,
slurry seal, irrigation, etc. e. Deferred routine maintenance. f. Drain inadequacies Solutions. g. Repair of critical points. h. Protection works. i. Prevention works. j. Restricted Maintenance (Trafficability).
6. Sections Type Drawing, indicating all the dimensions and
typical characteristics of each one of the reinforcements, solutions and treatments proposed for the pavement.
7. Drawings of the geometry of the highway under study:
Plant drawings, longitudinal profile and cross sections of the road in all the homogeneous stretch where structural reinforcements are proposed of pavement, leveling
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layers to control the regularity, seals for correction of the macro and micro texture of pavement.
Plant drawing and longitudinal profile will be used at H scales H: 1/2000 and V: /200 in order to visually Plot the sinuosity and the changes of slope in the section under study.
Drawing of typical cross sections at H scales: 1/100 and V: 1/100 indicating all the dimensions and other characteristics of works included in the cross section of the highway, such as width and thickness of the different pavement layers, berms, gutters and drains, inclination of slopes, coronation ditches or foot slope, width of right of way, etc. The following criteria will be taken into account: � Curved sections: minimum 01 section at the center of
the horizontal curve. � Tangent sections: Minimum one section in each
tangent that has equal geometric dimensions of the road.
� Minimum one section in each critical point and/or committed structure that crosses or is parallel to the road.
� Drawing of typical cross sections of all the homogeneous sections where periodic maintenance activities have been defined.
Drawing of typical cross sections of all the homogeneous sections where periodic maintenance activities have been defined.
8. Drawings of hydrology and hydraulics. 9. Drawings of quarries, dumps and water supply sources,
including surveys, sections and volumes, indicating data about the access facilities and the transportation distances according to the distribution diagram that should be enclosed. These drawings shall also include the location, sections or pits (vertical scale 1:20), volumes and other technical characteristics, data about the period of utilization, exploitation method, use, performance, access facilities and transportation distances according to the distribution diagram that should be enclosed.
Drawing of quarries, dumps and water supply sources, scale in plant 1:2,000, indicating the location, sections or pits (vertical scale 1:20), volumes and other technical characteristics, data about the period of utilization, exploitation method, use, performance, access facilities
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and transportation distances according to the distribution diagram that should be enclosed.
10. Drawings at scale 1:5,000 (H) of the projected drainage system, with location of gutters, coronation ditches, pontoons, sewers, etc. The longitudinal profile shall be submitted of gutters, and/or drainage ditches parallel to the highway, with indication of spot elevations and its vents to sewers, pontoons or others, likewise the cross sections of all the drainage works, at scale 1:100, with indication of input and output levels, slopes, type of drainage work, headers, etc.
11. Drawings at variable scale according to the design of drainage structures and art works (sewers, walls, pontoons, coated gutters, sub drainage, etc.) with tables of the amounts corresponding to the different items that are included in the budget and according to the bid terms for the measurements indicated in the technical specifications.
12. Drawings of design in critical points and vulnerable points.
13. Signaling drawings and road security at variable scale that include the signaling during the work execution; horizontal signaling (marks in pavement); vertical signaling (preventive signals, restrictive and informative); detail of fixation posts; elements of road security, guardrails, studs, delineator posts, etc. Also, a general drawing of signaling and road security will be submitted, at scale 1:5,000, clearly locating the corresponding horizontal signaling, vertical and the road security elements.
14. Others that are considered important. • Volume N° 5: Analysis of Unit Prices
They should mandatory include the following information at the most recent date:
1. Basis for the calculation of unit prices. • Cost of labor force • Cost of mechanic equipment • Cost of Materials
2. Analysis of the direct cost per items. 3. Analysis of overheads. 4. Summaries of the components of cots and unit prices per
items. 5. Budget.
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• Volume N° 6: Executive Summary of the Project
• Volume N° 7: CD The Concessionaire will deliver the CD with the files in the original programs corresponding to the Studies of Periodic Maintenance in an orderly manner and with an explanatory report indicating how to completely rebuild the Final Report, including the archives of the economic evaluation with the HDM model 4. Regarding the drawings, they will also be presented on a CD in Autocad files.
• Volume N° 8: Annexes Annex N° 1: Surveying field notebooks Annex N° 2: Field information of the Traffic Study Annex N°4: Field information and Statistics of the
Hydrology Study, Hydraulics and Drainage Annex N°5: Laboratory tests of Soils, Pavements,
Hydraulic concrete, quarries and water sources
Annex N° 6: Fault Survey in tread and berms Annex N° 7: Rugosity measurements Annex N° 8: Deflections measurements
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ANNEX N° 9
Appendix 2
TERMS OF REFERENCE FOR THE FORMULATION OF THE FINAL ENGINEERING STUDY
(Rehabilitation and Improvement)
1. PURPOSE The purpose of the Terms of Reference is to issue guidelines to develop the Final Technical File, for the Rehabilitation and Improvement of Sub Section: - Izcuchaca-Mayocc (116.86 Km) of the Longitudinal of the Sierra, Section 4: Huancayo - Izcuchaca - Mayocc - Ayacucho / Ayacucho - Andahuaylas - Sahuinto Bridge/ Dv. Pisco - Huaytará - Ayacucho. The CONCESSIONAIRE will be responsible of all the works and studies performed in compliance of these Terms of Reference.
2. SCOPE The description of the scope that is made below shall serve for the formulation of the Final Technical File. The CONCESSIONAIRE, will be responsible for the proper planning, programming, conducting basic studies, designs and, in general, the technical quality of the study that should be executed in accordance with current design standards in all specialties of engineering related to the study. Also, for construction, it will propose construction methods of latest generation. Mismatches, errors and/or omissions detected subsequently to the approval of the Technical File, are the sole responsibility of the Concessionaire. The review of documents and drawings by PROVIAS NACIONAL, during the formulation of the Technical File, does not exempt the Concessionaire from the final and total liability thereof.
2.1 Review and Assessment of Background To prepare the study, the CONCESSIONAIRE must review and evaluate all the background that the MTC makes available and other relevant documents that are in other public and private organizations. It must also record the result of visiting the Project area.
2.2 General Conditions for the development of the Study All the features of road design shall be subject to the Manual of Geometric
Design of Highways DG-2013, the Manual for Road Materials Testing EM-2000, the General Technical Specifications for Construction of Roads EG-
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2013. Complementary, the AASHTO and ASTM standards and specifications shall be used.
For the design, designing computer programs (software) of road design,
which have international acceptance and/or national will be used. The reports will be developed in MS WORD programs for text, Excel for
spreadsheet, Microsoft Project for programming, Autocad for drawings and S10 for costs.
Any calculation, statement, estimate or data, must be justified in the
conceptual and the analytical. No estimates or judgments by the CONCESSIONAIRE will be accepted without proper support.
2.3 Scope of the Study
2.3.1 Traffic Study
Traffic Study will be made considering the following: � Identification of "homogeneous sections" in demand. Identifying the
nodes and their nature, that generates these homogeneous sections. � Traffic counts in locations agreed with the MTC. The counts are
volumetric and classified by type of vehicle. If there were no permanent counting stations of the MTC, the counts will be made for a minimum of 7 days.
� With the corresponding correction factors (Schedule, daily, seasonal), is obtained the Annual Daily Medium Index (ADMI) of traffic that corresponds to section or subsection, per type of Vehicle and total.
� Survey of origin - destination (O/D) in stations agreed with the MTC, with a minimum of 24 hours per station; the minimum of O/D stations per section shall be 2. The survey shall include type of vehicle, trademark, model, year, number of seats, number of occupants, type of fuel, origin, destination, purpose of travel, frequency of travel, empty weight, loaded weight, payload, transported product, cost of travel to the user (passengers and/or transported load).
� Census of load by type of vehicle and by axle (trucks and buses). The census shall be made during 4 days and a minimum of 12 hours each day (day and night shift) to complete two days, in order to get loads, actual load factors acting on the pavement, tire pressure for the adjustment factor to load factors and lane and directional load factor to determine, for pavement design, the number of equivalent axes of 8.2 TN and the number of repetitions of EE for the period of design and traffic composition. An analysis of the overload problems shall be included.
� Measurement of speed and obtaining the medium speed of operation by type of vehicle, by homogeneous section. Analysis of impact that different design speeds would have on demand, both in volume and in composition, O/D and nature (normal, generated and derived).
� The traffic study shall also include, the demand analysis of no motorized traffic (pedestrians, cyclists, cattle drive), identification of demand
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centers such as schools, markets, bus stops, loading and unloading areas of goods, etc.
� Local regional flows will be differentiated, establishing growth rates for both flows, by vehicle type and main O/D.
� The possibility of qualitative changes on demand will be analyzed (vehicular composition, for example, new passengers transportation services, load in vehicles of greater capacity), due to the improvement of highway or to changes in the design speed.
� Traffic projections for each type of vehicle shall be made, considering the annual rate of growth calculated and properly grounded, as appropriate, to the historical trend or socioeconomic projections (GDP, motorization rates, population projections, evolution of income, etc.) and traffic that is estimated after paving, identifying the normal traffic generated and derived by homogeneous sections of traffic. The CONCESSIONAIRE shall submit the methodologies, criteria or models used for the calculation and normal traffic projections, generated and derivative.
2.3.2 Road Security
The following aspects should be included: � Compilation and analysis of accidents data:
- Compilation of data in public organisms with local residents, in hospitals and others;
- Data analysis to identify the causes and types of accidents and the Black points of the highway.
� Registry and analysis of the current physical characteristics of the road, to identify the factors that may affect road security: - Absence or inefficiency of public lighting; - Inadequate vertical and horizontal alignment; - Access and irregular or inadequate intersections; - Narrowing of the road or surface deformations; - Absence or inadequate berms; - River crossing points, eyes water and irrigation Canals vulnerable
to accidents with hazardous loads; - Crossing points of animals, pedestrians and cyclists and bus
stops. Inadequate road security devices. - Insufficient or inadequate signaling. - Lack of and need of lateral defenses (for example, guardrails
and/or walls). � Integrated diagnosis, considering the results of the traffic study and
ground demarcation of “Black points” (areas where there are accidents with greater frequency).
� Definition of measures to reduce and prevent traffic accidents The sectors that represent risk or unsafe roads will be projected with proper signage, further designing, as appropriate, security features such as curbs, delineator posts, guardrails and / or walls and shock absorbers. Where necessary, the CONCESSIONAIRE shall design rise ramps (third rail), braking ramps, widenings, sidewalks of visibility, etc. Emphasis will
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be given on measures to protect pedestrians and non-motorized transport in urban areas, crossing of villages, population concentration areas (schools, hospitals, churches, markets, etc.) and special signaling at the entrance/exit of urban areas and villages. Likewise, the CONCESSIONAIRE should establish the regulations and security measures necessary to reduce the risks of traffic accidents during the works.
2.3.3 Geometric Design
� The CONCESSIONAIRE, shall consider and propose for approval of the MTC, the guideline speed, sight distances of stop and overshoot and typical design sections, in accordance with the classification of the road, the projected demand, the type of topography, soil, climate, etc., as the most convenient according to the Manual of Geometric Design of Highways DG - 2013. Complementary AASHTO Design Standards will apply.
� The project requires to achieve a homogeneous horizontal alignment, where tangents and curves will happen harmoniously, avoiding the use of minimum radius and maximum slopes.
� The lifting of the main and auxiliary polygonals of closure should be performed using total station. To calculate the coordinates of the vertices of the polygon, we shall take as reference the coordinates of the closest geodesic markers that exist in the area.
� The CONCESSIONAIRE will make the realization of the proposed shaft, staking every 20 meters on tangent sections and each 10 m for sections in curve or if there are abrupt changes in the terrain.
� The vertices (PIs) of the polygonal and the (PCs) beginning of curve and (PT) beginning of tangent should be marked in the terrain or installed with concrete, in an area that is not subject to its removal by the construction equipments.
� All shaft stakes will be leveled, rising the longitudinal profile of the terrain taking as a reference the coordinates of the closest geodesic markers that exist in the area and the corresponding ground level will be designed.
� The grading will be closed every 500 m with an accuracy of 0.012 m / km, also putting on a Bench - Mark (BM) with concrete installation, each 500 m in well protected places, outside the scope of work and related to immovable points.
� The cross sections will be lifted in each stake, no less width of 30 meters on each side of the axis, must allow obtaining volumes of earthworks and design of art works.
� Sections, profiles and levels will be taken at the intersections with other routes, street intersection, canals, ditches and others who have an impact on the outline, to define the most appropriate solutions.
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� Within the right of way it shall be projected ducts and technically sound camera that allows the installation of fiber optic cables which will allow providing public telecommunications services pursuant to the provisions of Supreme Decree No. 024-2007-MTC.
� In areas where population centers intersect appropriate designs shall be used, to the nature of the town, considering: - Measures to protect pedestrians, sidewalks, bus stops, pedestrian
and cyclist crossings, loading areas and unloading of goods will be projected, etc. Details of their location, characteristics and design will be presented. Sidewalks must have a minimum width according to the flow of people considering the time of peak demand (for example, at the exit of school). The recommended minimum width is 1.50 m. If the CONCESSIONAIRE takes a less than minimum width, he must provide appropriate justification. Traffic regulations and speed proposed for the route according to the resulting design, population size, etc. will be highlighted, in particular restrictions on the proposed circulation speed.
- The design will take into account the levels and limits of existing buildings. If it is necessary to expropriate homes or lands for the road and sidewalk maintain their design conditions, the CONCESSIONAIRE shall mark these properties in its drawing so as to distinguish them perfectly.
- The CONCESSIONAIRE shall consider the solution to interference design, with regard to existing or planned public works service (poles, wires, cables, piping, sewer boxes, etc.). For this purpose it shall coordinate with the municipal councils, communities and/or entities related to public service.
1.1.1.1 Topographical surveys � In this activity are included the surveying required for the design of
bridges and walls, affected areas, areas of source materials, dumps, etc.
� An inventory of all artworks, sewers, pontoons, retaining walls, etc., indicating their location, their diameter or size, the dimensions of the background to the entrance and exit will be performed.
� In urban areas the topography shall include all available details, including dimensions, sidewalks, front lines, covers of mailboxes, posts, etc. The plans will be presented at scale 1: 500, with contours each 0.50 meters. The concentration of population centers, such as markets, schools, health centers, municipality, square, fairs, etc. will be located up to 200 meters on either side of the center of the track.
� Floor plan, scale 1: 500, of towns crossed by the highway, in a minimum 50-meter strip on each side of the axis of the road, indicating the width of the road, berms, pedestrian sidewalks, buildings (facades line), intersections with streets or roads, bus stops, poles, caps of mailboxes, etc.
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� In the riverbeds, smaller streams and landslides, surveying needed will be made to design the drainage works and works of complementary art, materializing polygonal auxiliary along the channel, which in this case will not be less than 300 meters upstream and 300 meters downstream from the shaft, the same that will be leveled and from that the channel cross sections and slopes of natural waterways are obtained.
� A complete record of the occupation of the right of way will be carried out, in order to identify the buildings, crops, and other outlets. In case of affecting buildings or private land or the need to widen the road, correction of path or variants, additional topographic surveys shall be carried out and the technical identification documents shall be prepared to enable the institution to assess the boundaries and total areas and to expropriate the land.
2.3.4 Study of Soils, Quarries and Pavements 2.3.4.1 Soil Study
The work to be done both in field, laboratory and cabinet are designed to develop activities to assess and establish the physical - mechanical characteristics of the natural terrain and the subgrade structure on which the pavement will support: � The CONCESSIONAIRE should establish the stratigraphic profile of
the highway (Horizontal 1:10000 and Vertical 1:12.5) of highway. � The CONCESSIONAIRE to define the stratigraphic profile must
make prospections of study. The distancing of the surveys should not exceed 250 m; if any differentiation exist in the characteristics of adjacent layers of the pits an additional test pit must be made between them. Depth study should be at least 1.50 m below the projected line subgrade.
� The assessment should determine the presence or absence of organic soils, expansive in which case the pits must be deeper. Its location, length and depth of this sector is clearly indicated and specific treatment recommendations will be made during the construction process.
� The CONCESSIONAIRE for each test pit shall submit a registry of excavation where he shall indicate the thicknesses and description (type of material, color, moisture, compactness, etc.) of each of the strata found; he also must present photographs of each of the pits, where is appreciated the strata encountered and the depth of the excavation.
� In case of rainfalls during prospecting work, they must be resumed and paralyzed once they are no longer present.
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� The pits must be protected, for evaluation and duly referred to the progressive of road for its location. For road safety pits will be duly filled and compacted once it has been completed the evaluation and sampling of each one of the layers found in sufficient quantities to allow the execution of laboratory testing and verification when required, especially the layers selected for executing Proctor and CBR.
� The soil mechanics tests to be performed on samples from each stratum found in each survey will be developed according to the Materials Testing Manual for Roads of the MTC (EM-2000) and will be:
o Granulometric analysis by sieving o Natural moisture o Atterberg Limits
- Liquid limit - Platic limit - Plasticity Index
o Classification of Soils by SUCS and AASHTO methods � In addition Modified Proctor tests and California Bearing Ratio (CBR)
will be made of the subgrade for each soil type and permanence control of it every two (02) kilometers at most, in order to obtain after a statistical analysis the determination of the CBR of design, corresponding to the Stratigraphic Profile (each sector and/or sub section of homogeneous characteristics).
� To set the CBR of design, soil analysis will be made from the point of view of carrying capacity for the projected pavement, which will conclude in the segmentation of the highway if possible. The CBR of design for the pavement structure is the value of greater incidence in the sector, so that the calculation reflects the statistics of all tests of the CBR made and all soils found; then said CBR of design will be used to establish the Resilient Design Module, according to mathematical correlations that have global acceptance.
� The CONCESSIONAIRE to meet the deadlines, shall test the soil samples in the laboratory of soils and materials of its property and depending on their operational capacity and/or performance it may entrust the trials and tests to third parties; in order to perform laboratory tests simultaneously and reduce the period of the laboratory stage. In both cases, the CONCESSIONAIRE shall be responsible for the accuracy and reliability of results.
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� The CONCESSIONAIRE must submit summary tables of test results besides the test certificates, where indicated: number of pit, progressive, sample, stratum depth, percentages of material retained on the mesh No. 04, No. 10, No. 100 and No. 200, physical constants (liquid limit, plastic limit and plasticity index), natural moisture, USCS and AASHTO classification, proctor (maximum dry density and optimum moisture content) and CBR (95 and 100% of the MDS) .
� The CONCESSIONAIRE shall prepare the stratigraphic profile of the highway, based on information from field and laboratory test results and shall graphically represent soil types and physical – mechanical characteristics, thickness of strata, groundwater level and other remarks considered by the CONCESSIONAIRE. He shall assess the Stratigraphic Profile according to the physical –mechanical characteristics and shall determine critical sectors and sectors of homogeneous characteristics.
� The descriptive memory of soil survey, should consider the description of soils found, current condition of the road surface and structural condition of the subgrade; location of unsuitable materials (organic and/or expansive soils), weak soils (if any), presence of groundwater level, analysis of all the results of laboratory tests; with its recommendations, treatment, solutions and other observations to consider the CONCESSIONAIRE.
� The study should specify the depth (thickness), widths and lengths of
the sectors where improvements will be made, either by the existence of inappropriate materials, weak soils in the existing platform or the new outlines as well as cuts of slopes or the expansion of platform, indicating the characteristics of the material for improvement, the construction process and the corresponding metering.
2.3.4.2 Quarries and Water Sources
The work to be done both in field, laboratory and cabinet are designed to develop activities to assess and establish the physical-mechanical characteristics of the aggregates from quarries to determine its quality and use in different work requirements; for which at least: � The CONCESSIONAIRE shall locate bank materials to be studied
and analyzed to determine its use in different structural pavement layers (granular subbase, asphalt base, asphalt layer, surface treatment, etc.), lending areas of material to form fillers, and stone aggregates for the production of hydraulic concrete.
� The CONCESSIONAIRE shall carry out the survey and c ross
sections of the quarries to be used that will susta in the volume of material to explode.
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� In order to determine the strata to exploit, use, performance and power of quarrying, the CONCESSIONAIRE shall make explorations (minimum 03 surveys for each area less than or equal to one hectare) by drilling, surveys, pits and/or trenches ; at depths not less than the maximum depth of operation. Surveys shall be located so that it covers the entire recommended operating area. The location of the pits must be detailed in the plan of survey of the quarry.
� The CONCESSIONAIRE shall submit a registry of excavation for each of the surveys he shall make in all quarries studied, wherein: i) shall detail the characteristics of the aggregates, shape, size, moisture, color, layer thickness, etc. and ii) shall submit the corresponding photographic views of each pit and analyzed quarry (different perspectives).
� The laboratory tests to determine the physical, chemical and mechanical characteristics of quarry materials; shall be made in accordance with the Manual of Materials Testing for Highway of the MTC (EM-2000) and are in accordance with the intended use:
Standard Tests:
o Granulometric analysis by sieving o Material that passes Mesh Nº200 o Natural moisture o Atterberg Limits (Material that passes Mesh Nº 40) o Classification of Soils by the SUCS and AASHTO methods
Special Tests:
o Modified Proctor. o California Bearing Ratio (CBR). o Percentage of flat and elongated particles. o Percentage of particles with one and two fracture faces (ratio
of 1/3 : thickness/length). o Percentage of absorption (coarse and fine aggregate). o Atterberg Limits (Material that passes Mesh Nº 200). o Percentage of friable particles. o Equivalent of sand. o Abrasion. o Durability (coarse and fine aggregate). o Adherence between the Aggregate and Bitumen (coarse and
fine aggregate). o Total soluble salts o Content of sulfates. o Organic impurities. o Volumetric weights (loose and compacted, coarse and fine
aggregate).
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o Specific weights (loose and compacted, coarse and fine aggregate).
And others indicated in the General Technical Specifications for the Construction of Highways (EG-2013) of the MTC.
� Representative samples of the materials of each quarry will be subjected to all tests required by the General Technical Specifications for Construction of Highways of the MTC (EG-2013) according to the proposed use; it is at least:
o Standard Tests: A set of tests per each survey executed in
the quarry, the number of surveys shall be determined according to the area and the exploitation volume of the quarry.
o Special Tests: Five sets of tests per each quarry, to cover all the area and exploitation volume, to determine and establish its physical-mechanical characteristics and support the compliance of the Technical Specifications. The laboratory tests shall be made according to the Manual of Materials Tests for Highways of the MTC (EM-2000).
� If for compliance with the relevant technical specifications, it is necessary to submit the aggregate to a treatment (washing, venting, mixing, etc.); the CONCESSIONAIRE shall submit similar amount of materials tests as described in the preceding paragraph, made with aggregates after undergoing such treatment, in order to confirm and verify if with such treatments is achieved the compliance of the Technical Specifications.
� The number of samples taken from the quarries must be such as to perform the tests required, as well as verification tests to rectify and/or ratify uncommon (questionable) results.
� In the case of rock and/or rocky outcrops that are proposed as a quarry, quality testing also contemplate the abrasion tests: o Macroscopic Petrographic description of the rock. o Define the characteristics of the outcrop (volume, fracturing,
sizing blocks, etc). o Recommendation of the exploitation processing methodology
(method of blasting, crushing, etc.). The CONCESSIONAIRE shall recommend the types of plant for the production of aggregates for different granulometric uses, it shall indicate the requirements of production yields.
� Quarries that are only nearby the work shall be selected and that with the corresponding laboratory tests show that the quality and quantity of material are adequate and appropriate for the project and comply with all requirements established by the General Technical Specifications Construction of Highways (EG-2013) according to the intended use.
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� The CONCESSIONAIRE shall assess the requirements of the accesses to the quarries, considering the needs to build or improve them, also shall indicate whether the accesses are owned by third parties.
� The CONCESSIONAIRE to meet deadlines, shall test the aggregate samples in the laboratory of soils and materials of its property and depending on their operational capacity and/or performance may entrust the trials and tests to third parties; in order to perform laboratory tests simultaneously and reduce the period of the laboratory stage. The CONCESSIONAIRE in both cases will be responsible for the accuracy and reliability of results.
� The CONCESSIONAIRE besides the test certificates must submit a summary table for each quarry where it shall indicate the full results of the tests carried out (with proper identification: quarry, test pit, sample, name of test results, etc.).
� Surveying and sections of all banks of proposed materials will be made.
� The CONCESSIONAIRE shall calculate the volume of usable and disposable material and shall recommend, the time and opportunity to use, calculating the performance for each use; he shall indicate the method of operation and availability to provide different types of materials to be used in the work.
� The descriptive memory must establish relevant information: location of the bank of materials, accessibility, type of source materials, description of aggregates, use, processing, type and period of operation, the owner and other information considered relevant by the CONCESSIONAIRE; and the corresponding photographic panels of all quarries.
� Similarly he must determine the location of water sources, perform chemical analysis and determine its quality to be used in the work (for concrete mixtures, granular layers and others).
� The CONCESSIONAIRE will present a drawing of quarries and water sources, in which he shall specifically detail and summarize the results of field research and descriptive memory (among other aspects: Location of Quarries and water points, length and status (walkability) of access, aggregate characteristics, uses, power, performance, processing, period and operation equipment).
� The CONCESSIONAIRE shall establish the legal and technical conditions through which the constructor of the project, must forward the formalities for obtaining permits, authorizations and environmental concessions, and easements necessary for the extraction, and use of natural resources required by the project.
2.3.4.3 Pavement Design � As for the technical aspects related to structural design procedures
of pavement, the CONCESSIONAIRE must develop methodology AASHTO 1993 version and complementary the edition of the
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Asphalt Institute 1991. The CONCESSIONAIRE may use some other methodology used by entities or agencies of recognized standing and therefore must have the express authorization of PROVIAS NACIONAL, also shall exhibit in a calculation memory all the criteria adopted by describing step by step how the results were obtained.
� In order to optimize the pavement structure to adopt, it is necessary to analyze design alternatives by analytical methods, taking into account criteria of failure in the subgrade and in the asphalt layer; for this purpose, the CONCESSIONAIRE shall establish the structural sizing to represent each homogeneous section, indicating the number of layers, the thickness of each of them and their behavior stress – deformation typified by the elastic modulus and Poisson's ratio. Finally, the CONCESSIONAIRE shall determine the pavement structure to build.
� The CONCESSIONAIRE shall study and analyze different alternatives for structuring the pavement, according to the bearing capacity of the subgrade, expected traffic, environmental conditions of the area (climate, altitude, rainfall, etc.), of road maintenance alternatives, of natural materials available in the area, etc.
� If the surface layer corresponds to an asphalt layer, a design for 20 years will be studied and analyzed, with implementation in a single stage and two-stage, considering a first stage of 10 years and the second until the year 20, for others cases will be determined by the CONCESSIONAIRE, and must have the corresponding technical support.
� The CONCESSIONAIRE with the knowledge of the proposed quarries and the physical-mechanical characteristics of aggregates, shall make a pre design of the asphalt road surface; and shall also define the type of asphalt to be used according to the characteristics of Traffic and Altitude of the area.
� The laboratory results shall be submitted of the design of the asphalt road surface to be used in the construction of pavement, indicating in charts and/or graphics the corresponding analysis and the corresponding conclusions.
2.3.5 Geologic-Geotechnical Study of the Highway
� The baseline shall be defined after the shaft and staked of the final outline, with the participation and opinion of a specialist in geology and geotechnics, given the need to project variants.
� Detailed Mapping of the regional and local geology, with the identification of formations, lithological and geological structures along the outline. The geological information will be captured in a local geologic map, the description should contain concepts applied to engineering; arriving to the geotechnical interpretation of the geomorphology, stratigraphy, petrography, sedimentology, structural geology or tectonics on the site of each section. They shall be reflected on maps or drawings at scale (1: 2000) on which
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shall be identified among others; towns and main streams, critical and unstable sectors, and other elements useful to the study.
� If clay materials are found in sectors where structures or works of art are projected we shall assess the unstable clays consolidation and expansion, formulating the appropriate measures.
� In the case of sandy soils, where the presence is inferred also the presence of the groundwater level, the susceptibility to soil liquefaction shall be evaluated, based on triaxial tests, proposing the corresponding control measures.
� Identification and analysis of external geodynamic processes and unstable slopes that endanger the trafficability of the road, defining the size, geometry, will evaluate the causes, consequences, identifying destabilizing agents, shall make the corresponding geotechnical field investigations and laboratory to diagnose the problem and propose the measures or works of solution, in terms of design. In these assessments should be made at least the execution of pits and trenches.
� The assessment and resolution of external geodynamic processes is multidisciplinary, so must have the opinion and approval of others specialists of the CONCESSIONAIRE. In the case of highly expensive solutions it shall also consider other alternatives of lower investment, but this does not exempt the design of the first.
� In the areas affected by erosion of river banks processes; the CONCESSIONAIRE shall assess these problems and establish the appropriate treatment in close coordination with the Specialist in Hydraulics.
� In the case of critical sectors, whose solution will require more comprehensive studies and/or highly specialization, the CONCESSIONAIRE shall resort to the direct and indirect drilling: diamond drilling 01 drill of 20 m, in each sector making considerations and methodology established in the item of exploration of Geology and Geotechnics of bridges and pontoons, complemented with seismic refraction: the same to consider at least 2.0 times the length of the sector concerned, as a minimum, to be distributed consistently in each of the critical sectors whose distribution must necessarily be coordinated with the entity and must consider both the speeds of the different layers as elastic constants, the spacing between geophones to define stratigraphy that should be 3.0m. Investigative techniques should be made in-situ as dynamic and semi-static auscultations, to interpret fully the nature of the process and arrive at the design of stabilization works, or otherwise, the approach of variants. The evaluation of these sectors must necessarily include a comprehensive analysis of the specific geological photo-interpretation of the entire area of influence, with a radius of about 2.0 times the length of the affected sector, which must be part of the study of these sections, whose guidelines for submission should follow at least the provisions of the Chapter on bridges and pontoons, indicating the
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geotechnical modeling and remedial actions, containing the corresponding design.
� The slope stability analysis will be developed by the method of limit equilibrium, for which purpose standard and special tests shall be made (classification, Atterberg limits, moisture content, direct shear, triaxial, etc.) as a means of obtaining the geomechanical parameters of the materials present, the static penetration tests may be used but will not replace laboratory testing.
� The use of back analysis or retro analysis can only be used as a reference medium of strength parameters of the failure surface of a slope, under any circumstances shall replace the cutting laboratory tests.
� In the case that unstable and critical slopes are associated to problems of ground water or very shallow groundwater levels, hydrogeological studies should be carried out that allow to design; deep drains, drainage galleries, vertical wells, etc.
� Interventions in rocky outcrops shall necessarily contemplate among others: petrographic classification, kinematic analysis stability through stereographic projections, geomechanical classifications (Bieniawski and Barton, etc.) or other applicable to slopes and failure analysis, calculation of shear discontinuities, through special tests and own methodologies. The minimum testing for the characterization of the rock mass are: simple compression, unit weight, direct shear (discontinuities).
� Located seismic risk studies will be developed using appropriate methodologies, based on information instrumental and historical earthquakes that define with precision, accelerations and/or maximum coefficients and design applicable to the road.
� The classification of materials shall be developed throughout the outline, each 50 m. at most, as they are homogeneous sections, qualifying and quantifying the percentage amount of loose material, loose rock and fixed rock, which information should support the inclination of slopes of the cross sections as well as the metering of movements of earth by the concept of earthworks.
� Studies should consider, perform special tests (triaxial, direct shear, etc.) and standard tests (classification, unit weight, etc.) to make the slope stability analysis, consigning the actual parameters.
� All textual information shall be duly assisted by test certificates and supplements graphics, such as photographs, maps, geological maps, geotechnical and geodynamic at scales according to current standards (1: 200).
� In the case of projecting containment works or support, the CONCESSIONAIRE shall perform special tests (triaxial, direct shear, etc.) and standard tests (classification, unit weight, etc.) to make the corresponding stability analysis, consigning real parameters.
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� If there are other considerations not covered by these Terms of Reference, the project will stick to Peruvian regulations EG-2000 and DG-2001.
Geotechnical Design � Designs of cut and fill slopes in soils as a result of slope stability
analysis by the limit equilibrium method shall be made, inevitably based on laboratory standard tests and special laboratory.
� The works required in slope stability, treatment of critical points and external geodynamic processes will be designed; retaining walls, containment, etc; defining the dimension of foundations in m.a.s.l.
� Analysis of the projected work with the global stability analysis both in static conditions as pseudostatic will be carried out, considering the current situation and Intervention.
� It shall submit memory calculations of bearing capacity of soils and stability calculations of the structure (overturning, sliding, contact pressure, overall stability of the projected work under static conditions, pseudostatic, etc.), graphics and considering Intervention and the current situation.
� The foundations on slopes deserve special stability analysis using specific methods and can be appealed to the limit equilibrium.
� The works required in stabilizing rock slopes (bolts, anchors, shotcret, etc.) shall be implemented prior analysis of planar faults, wedge, rollover, etc. and the design will be based on specific methodologies.
� It shall make recommendations and theoretical-technical instructions on controlled blasting and/or precut, which has no impact on the instability of the rock mass.
2.3.6 Geology and Geotechnics of Bridges and Pontoo ns � The baseline shall be defined after the shaft and staked the final
outline, with the participation and opinion of a specialist in geology and geotechnics, given the need to project variants.
� The implementation of geological and geotechnical studies for new structures such as bridges and pontoons, should be executed on the basis of topographical surveys covering 300 m, upstream and 300m downstream of the proposed shaft.
� The implementation of geological and geotechnical studies for the foundation of bridges and pontoons arising out of necessity and/or recommendation of river hydraulics, structures, road design, etc. must be executed on the basis of specific surveys for each one.
� The CONCESSIONAIRE shall conduct a detailed investigation of the concepts and geological and geotechnical aspects of the area of location of the structure and their influence on the location of the bridge, according to the final outline, so that in the design is not
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shelved any aspect concerning the stability of the infrastructure of the bridge.
� The proposed structure will be located in an area where vulnerability is not present before geodynamic processes, for which external geodynamic studies will be developed in the area of influence and if geological and geotechnical conditions are found unfavorable (damming, sliding, alluvial flows, etc.) with direct influence and/or potential on the stability of the planned structure we must carry out assessments and related geotechnical investigations, with additional topographic surveys covering the affected area; to finally propose their respective treatment.
� Pits, trenches and Diamond drillings will be performed. � The diamond drilling will be two in projected bridges and one on
each pontoon, in the latter case not less than 10.0 m, compared to the level of the riverbed; and will have to be made on the most representative materials, complemented and supported by not less than 4 m pit deep.
� For bridges it shall be two in the area of the proposed site structure, one in each support or margin of the gorge, the depth at both will be greater than 20 m. complemented with SPT tests each 1.50 m. These holes serve to: o Determine stratigraphy in detail each 1.50. o Groundwater level will be identified. o Establish the SPT values. o Obtain unaltered samples (through shelby tube) 02 per each
drilling, for the execution of special laboratory tests, consisting in: − Direct cut in sandy soils, or remoulding on graving. − Triaxial CU for undrained strength of clays. − Unidimensional consolidation in clays. − Free expansion and/or controlled in clays. − Effective unit weight of each stratum.
� If a liquefiable stratum is found, analysis of soil liquefaction will be performed by the method of "Specifications for highway bridges", or other compatible and recognized, in order to identify strata susceptible to liquefaction, and the maximum depth of liquefaction in order not to consider them in the calculations of bearing capacity.
� The allowable load capacity of foundation soil shall be established by dividing the ultimate load by a factor of safety of not less than 3 for normal operating conditions; verifying the conditions of maximum scour or maximum liquefaction, compared with the mythology proposed by the AASHTO LRFD.
� If a foundation system by bored piles is proposed, in the absence of national standards, to establish the ability of permissible axial load, the methodology established in the AASHTO standards will be followed (for bored piles), or alternatively the methodology Reese & O 'Neill, considering that Reese & O'Neill calculation is
Concession of the Longitudinal de la Sierra Highway Section 4 163
based on the allowable settlement. If other methodology is applied, the corresponding analysis of settlements will also be held.
� Calculations of resistance by side friction, should not consider the material above the level of total scour or susceptible to liquefaction layers and low resistance.
� The Group reduction factor will be as recommended by the AASHTO standards and any variation shall be objectively supported, and in no case shall be greater than 0.75.
� The laboratory tests that should be necessarily developed are among others: o Standard soil tests (granulometry, L,L, L,P, moisture, unit
weight, etc,). o Special tests; (triaxial, direct cut, consolidation, etc,). o Chemical analysis of soils and groundwater, to identify the
presence of chlorides, sulfates and other aggresive to steel and concrete.
� The minimum content of the Geotechnics-Geological Study will be: o Regional geology of the area of influence of the location of
each structure (pontoon or bridge), defining the stratigraphy, structural geology and geodynamics, of the area of the proposed site of superstructure and unstable areas, based on which the geotechnical geological interpretation and stratigraphic profile shall be made.
o Local and detail geology, of the place of installation of the superstructure in a radius no less than 300m, mapping the unstable areas, consigning control works in terms of design, geotechnical consistent with the geological interpretation and stratigraphic profile.
o Identification, assessment and interpretation of external geodynamic processes in the area of influence or risk on the project (for local extension, a radius of 300 m.,) with control recommendations, properly sized and designed in accordance with the calculated levels of undermining of the hydrological study.
o Plant topographic map with the exact location of the holes, which must be located on the shaft (consider a radius of 5 m., of precision) of the location of structures. Surveys will not be accepted or near correlated, except risk considerations or interruption of traffic, which shall be communicated promptly to the organization for approval and opinion.
o Geological and geodynamic drawing, with the location of the corresponding units, placing the active units, from the base drawing.
o Drilling records, containing in detail among others; geological and geotechnical characteristics of materials (each 1.50m), groundwater level, SPT, RQD, consistent with the geological interpretation, in the case of bridges and critical sectors (20 m.) on the pontoons (10 m., ), at least, when making the leveling of
Concession of the Longitudinal de la Sierra Highway Section 4 164
the casing we should record a pit not less than 2.0m, for which the payable drilling is 18 m, and the pit will be the corresponding cost, only in the case of rock this will not be considered.
o Detailed stratigraphic profile, longitudinal to axis of the bridge, with all information concerning the foundation as: dimension of rudeness, load capacity, dimensions of scour, soil liquefaction, fund channel, lithologic and geotechnical contacts, NAME, in dimensions referred to; m.a.s.l.. etc.
o Detailed logging, with all the information of foundation materials obtained from drilling will be entered in the register duly signed by the responsible professional, which assures the technical quality of surveys.
o Laboratory testing certificates issued by an accredited laboratory and comply with the requirements established in the NTP and as indicated in the TDR (soils), special tests should preferably be processed in prestigious public institutions (Universities, Technological Institutions) or accredited private laboratories that prove to have the equipment to perform the test, properly calibrated, with no older than 06 months, subject to inspection by the entity.
o Memory of calculations of the bearing capacity of foundation materials.
o Study of localized seismic risk considering the information used in the study of the highway.
o In the case of being rock masses, detention and/or suspension of drilling, shall only proceed provided that the geological and geotechnical site evaluation, with respect to lithology characteristics (petrographic analysis), structural (microtectonic stations in support areas), uniaxial compressive strength (of unchanged sample(s) taken from the likely level of foundation), shear strength of discontinuities, RQD, geomechanics classification and spatial distribution of cracks, joints and faults, ratify the rock mass quality as foundation material (min. 5 m below the foundation level), developing the foundation rock analysis, using at least two methodologies, considering among other geotechnical conditions of the solid, consistent the conditions of river dynamics.
Any other consideration not included in these Terms of Reference, the project shall stick to the Manual of Bridges Design (2003).
Geotechnical Design � The depth of foundation will be based on absolute dimensions
(m.a.s.l), and must be below the level of overall undercutting and under this critical condition, the foundation will have a depth of not less than that assumed in the assumed in the calculations of bearing capacity.
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� The load capacity calculations should consider the influence of the groundwater level, so it's obligation of the CONCESSIONAIRE to verify this dimension, and include this information in the study. You must present the methodology used, parameters (cohesion, friction, pore pressure, unit weight, etc.) supported by duly certified tests, sheets and/or calculation reports.
� The foundations on slopes shall proceed if the hydraulics specialist determines no undermining of the support area and slope stability analysis both in soils and rocks are made; and for calculations of load capacity we shall use own foundation methodologies in slopes, considering the shear strength of the materials.
� The seismic design forces shall obey to the parameters obtained from the study of seismic risk correlating those established in the Manual of Bridges Design (2003), prepared by the Directorate General of Roads and Railways of the Ministry of Transportation and Communications.
� The stability of work shall be analyzed referred to settlements and soil liquefaction.
2.3.7 Hydrology and Hydraulics
The study of Hydrology and Hydraulics, will focus on the determination of hydraulic parameters to consider in the design of new structures required for the construction of the second carriageway of the Highway del Sol Trujillo-Sullana stretch; to do so without limitation, at least they should perform the following:
� Data collection and review of existing technical information on the current running carriageway (topographic, cartographic, weather, soils, designs at work level, post construction plans etc.).
� After having the redesigned shaft and defined the cross section of the project; we shall make field studies to identify the hydrodynamic problems that could affect the projected second carriageway. Submit the inventory and evaluation of works of major and minor drain on existing and projected carriageway, noting its location (progressive), type, material, hydraulic dimension (light, height) describing the current state of hydraulic of each one of them.
� The field study report will feature technical sheets in which the evaluation of existing works will be reported, indicating progressive, current status, geometrical characteristics, etc .;likewise, technical specifications will be submitted for all critical sectors affected by erosion in streams, flood, filtration in unstable slopes, crossing of important creeks, etc.
� If a minor drainage structure is in poor condition due to reasons beyond the hydrological conditions; the CONCESSIONAIRE, may recommend the restoration of drainage work with its initial dimensions, provided its evacuation capacity is adequate or sufficient to new operation conditions and the comprehensive project.
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� For new drainage works to join those who are in disrepair for reasons of hydraulic failure or other hydrological aspects, the following should be performed: o Submit or determine the physical parameters of the catchment
basin, based on national letters and/or topographical surveys. o Hydrological analysis based on precipitation data or peak
discharges, which must contain at least, the preparation of hydrographs, frequency analysis and testing settings (Smirnov - Kolmogorov); they shall present calculation memory and conclusions of the analysis. Consider the effects of El Niño phenomenon.
o The return period and the maximum design discharge shall be determined; the return period will depend on the importance of the road, consequences of failure and risk analysis based on the useful life of the work.
o Set the hydraulic dimensions, location, etc; of the new drainage and sub-drainage works required for the control of water flow; which must have their respective hydraulic calculation memory and will be referenced according to the progressive plans established in the drawings of the Plant and Profile approved by GEP.
o In case of using castled protection we must set the minimum medium diameter, of rocks to be used, thickness, rock quality based on the ability to drive the flow and protection filters shall be designed for washing fine control.
o If necessary, the use of geotextile and its requirement will be demonstrated and the necessary mechanical and hydraulic properties shall be established.
o If necessary major works bridge type, where it shall be required to define flood levels, flow rate, wet section, scour, etc .; the hydrologic and hydraulic studies must meet the minimum scope established in the Manual of Bridge Design of the Ministry of Transportation.
o Calculate the potential undermining or (general, local, bending, shrinkage, etc.), which will be estimated according to sector-specific hydraulic conditions and consistent with the types of material reported by the stratigraphic profiles or soil studies.
Design Criteria � Drainage works should be designed to support rainfall patterns in
the area; must establish the (progressive) location, hydraulic dimensions (light, height), types of coatings, slopes, points of downloads, etc.
� The geometric characteristics of the side ditches should be
designed according to hydraulic criteria, road security and the Geometric Design Manual (DG-2001); likewise, its capturing length should not exceed 250 m, unless technical justifications. On the
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other hand, in natural ground deliveries to provide themselves with spillways in order to protect the upper and lower slopes of the road platform.
� In areas with presence of surface groundwater levels with negative impact to the road structure and/or surface outcrop flows (waterholes, filtration) both longitudinal and transverse underground drainage systems (subdrains) will be screened. Such systems must be compatible to drain the predominant material of the place or committed sector in terms of granulometry and hydraulic conductivity.
� The solution adopted for road drainage shall be presented and detailed in fully designed drawings, both in plant, profile, sections and cuts.
2.3.8 Structures
Consider all the different types of bridges, pontoons, bumps, walls and drains heads, type frame sections, etc., not limited by the material of which they are formed.
Make the inventory and assessment of each one of the existing
structures verifying and/or complementing the information of feasibility study and existing final study, said inventory should include:
� Locations (progressive and coordinates with GPS). � Current conditions (at the level of main elements and in general of
the structure, the limitations of provisional structures, carriageway width, design overload, hydraulic capacity, etc.).
� General Characteristics (dimensions, load capacity, etc.) � Fill the inspection records that will be provided by the Management
of Studies and projects of Provías Nacional � Photograph views The CONCESSIONAIRE shall perform the measurements, tests and assessments necessary to determine the functional and structural condition (concrete, steel, etc) of artworks and of existing drainage works in the stretch: such as gutters, sewers, collectors, pontoons, bridges, bumps, retaining walls, subdrains, gabions, dry walls, protection structures, and others that upon its judgment it may deem to evaluate.
Propose and detail based on the Assessment, works of:
� Maintenance (structures in good condition) � Rehabilitation, Reinforcement for the S/C HL93, and Extension
(structures in regular condition) � Replacement (structures in bad condition) � Construction (structures not currently considered)
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For new structures, propose the necessary structure taking into consideration the basic studies.
The design of all structures must comply with the standards or rules in force (AASHTO LRFD Specifications and for particular aspects specific to our country use the Manual of Bridges of the MTC), according to the material that is determined to be appropriate and seismic conditions of the area. Define the type of structure and especially the foundation based on the allowable load capacity of the soil, groundwater level and rudeness, probable settlement, high water levels, minimal, undermining, availability of materials - equipment in the work area. All these conditions will be supported by the respective specialists (to be included in the descriptive memory and related drawings). Submit the Descriptive Memory of the proposed structures. Submit the Design of structures based on drawings supported in the corresponding calculation memory. Make the calculations preferably based on computerized systems, which detailed memory shall be jointly delivered with the drawings. Submit a specific Budget for each design and work proposed (rehabilitation, extension, reinforcement, replacement, etc), indicating its execution term. Bridges and Pontoons
For the structural assessment of existing bridges and pontoons use the Manual for Condition Evaluation and Load and Resistance Factor Rating (LRFD) of Highway Bridges de la AASHTO year 2003 or last version. For Bridges to be replaced and news, the design period will be 100 years, for the case of pontoons the design period will be 50 years, for sewers and drainage ditches will be 20 years, and 10 years for gutters, we must take into account the effects of the Phenomenon of El Niño 1983 and 1988.
For the design the following shall be taken into account: � The last version of the specifications of the “American Association of
State Highway and Transportation Officials” AASHTO LRFD (Bridge Design Specifications) and for particular aspects own of our country use the Manual of Bridges of the MTC.
� The cross section of the superstructure and the accesses shall be in accordance with the geometric design of the stretch.
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� The CONCESSIONAIRE shall propose the final lights according to the information of basic engineering that he shall obtain.
� For the design basic engineering studies shall be made such as: hydrology, hydraulics, erosion and control and/or protection works, geologic and geotechnical studies, that determine the admissible load capacity, groundwater level and rudeness, probable settlement, maximum and minimum water levels and undermining.
� The solution that the CONCESSIONAIRE shall propose (reinforced concrete or other) should take into consideration the effects of seismic forces.
� Once the design of Bridges and new pontoons is concluded a technical record should be filled with the technical characteristics of the new structure.
The CONCESSIONAIRE may propose other type of solution to that indicated in the existing study and feasibility study, provided this has duly technical and economic support.
Submit the following drawings: � Topographic drawing of the location (area comprised at a 1,148.29
ft. of axis upstream and 300 m. downstream, in a scale of 1:1000 and with curves of level at intervals of 1.00 meter, indicating points of reference and levels, according to the geometric design of the road.
� General view in plant and elevation based on a topographic survey and batimetric in detail of the location area.
� Recommendation of the constructive process. � Establish the longitudinal slope where possible null, otherwise said
slope should be maximum 3%. � Approach slabs in both ends if structure is isostatic. � The rolling surface should be similar to that considered in the
highway. � Complementary works refer to those necessary regarding coastal
defenses and protection against erosion, scour or sedimentation. � Submit a specific budget considering indications made in the
preceding items.
Walls � They may be gravity or cantilever type, the same must have the
technical and financial support that shows which is best suited.
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� For the design of retaining walls in cut and fill, pits soil research shall be made (to obtain strength parameters) at depths to ensure the life of the work; sections, profiles and additional levels will be taken, determining its layout, elevation and foundation levels. The shaft and shoulders of each wall will be duly restated.
� Make designs for each soil established as typical, considering its height that may vary with increments of 0.5 m.
� Perform the verification of the stability to rollover and sliding, for static and dynamic conditions.
2.3.9 Signaling
The CONCESSIONAIRE shall perform the study and design of both vertical and horizontal signaling of the road, according to the need thereof and in accordance with the Manual of Devices for the Control of Automotive Traffic for Streets and Highways in force, taking into account the results of studies of road safety.
The design of the signs must be compatible with the geometric design of the track, so that the signals contribute to road safety and have good visibility, according to the speed of traffic.
According to the results of studies of road safety in high-risk areas of the highway or where records of accidents are taken, you must take special care in the design of signage, using signals of larger dimension with repetitive placement at previous intervals, type of speed bumps "loin of bull" type, guardrails, etc.
The dimensions and specified characteristics, must be consistent in the various documents making up the Technical File: descriptive memory, drawings, technical specifications, meters, etc.
The CONCESSIONAIRE must prepare the technical specifications for both horizontal signaling, as for vertical, specifying the materials, dimensions and qualities for each of the items.
2.3.9.1 Horizontal Signaling
� Marks in pavement The pavement markings are intended to regulate the movement of
vehicles and increase security in its operation. They must be uniform in their design, position and application, in order that the driver of the vehicle can recognize them and interpret them quickly.
The CONCESSIONAIRE shall determine the signals and pavement markings necessary to enable users of the highway,
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both vehicular and pedestrian (population next to the road), to transit safely.
He must properly specify the paint used for pavement markings, which shall be retroreflective through the use of microspheres glass applied to painting.
The dosage of the paint and the microspheres should be according to the type of pavement. A larger opening of asphalt or rugosity, higher dosage should be specified in order to achieve adequate coverage and retroreflectivity. The CONCESSIONAIRE shall specify retroreflectivity values for each color (white in edges and yellow in the center of the track)
Also he must specify double application of pavement markings. A first temporary in asphalted sections that are delivered to transit to ensure the safety of road both day and night. The second application must be made once the asphalting of the road is concluded for the final receipt of the same. Paint dosages and microspheres should be appropriate to the durability requirements of each application: the first is for temporary use, during rehabilitation of the track, and the second should have the durability required for the final use thereof. It must also include the metering and unit prices for each application.
� Studs or cat eyes The CONCESSIONAIRE shall include the use of pavement
markers (studs or cat eye), particularly in areas of fog, curves, slopes and any other sector that requires better night visibility. He should avoid the simultaneous or repetitive use of reflective elements (in delineator posts, reflectors of guardrails and studs) to avoid confusion of the road users.
It should also avoid the simultaneous use of studs on the shaft and on the edge the road, particularly in tight corners, where it can cause confusion in the night.
� Metallic guardrails It should project the use of guardrails in critical areas where the
possibility exists that a vehicle goes out of the highway, so as to function as an element of containment. To do this, he shall use minimum lengths consistent with that function.
The guardrails to be used should be regulated material and dimensions, and must specify the use of paint corrosion protection in geographic areas with corrosive environment (mainly near the coast).
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2.3.9.2 Vertical Signaling
� Preventive Signals They are those that are used to indicate in advance the approximation of certain conditions of the road, indicating a real or potential danger that can be avoided by taking certain precautions.
The CONCESSIONAIRE must design the placement of preventive measures to "prevent" the user about road conditions that require immediate attention and action, placing them at the distance recommended by the Manual of Devices for the Control of Automotive Traffic , in order that the user has the necessary reaction time.
� Regulatory Signs Regulatory signals determine mandatory actions or restrictions governing the use of the track and the user must comply under penalty, so it should be designed with reasonable and feasible parameters to be fulfilled, particularly as regards speed limits. In urban areas is recommended speeds of around 30 kilometers per hour (kph). Also, after the areas where speed is restricted, you will need to specify the maximum speed allowed on the route.
The material used should be consistent with the environmental conditions, and security against vandalism, the components being designed in line with this (for example, Galvanized bolts with head car type). Preferably concrete posts that have less attractive for theft shall be used.
The dimensions of the signals must be in accordance with the speed of vehicles circulation, and to the "visual pollution" that may exist on the road. In urban areas, where the greatest number of distracting elements exist (poles, advertising, plants, etc.) must be specified larger signals.
� Informative Signals The CONCESSIONAIRE shall design informative signals to inform the user of the locations along the road, of distances to reach them, and the destinations in the roads that are in the highway.
The dimensions of the information signals will allow both its readability and visibility from a reasonable distance. It should project dimensions in multiples of 0.15 m because the reflective for
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films for signals are marketed in English units (equivalent to 1 foot 0.30 m).
The size of the letters must be used according to the guideline speed.
It should project the dimensions and materials of the panels for each type of signal as well as structural support elements and necessary foundation.
It will present the location of each type of signal with its own design, indicating its size and content; and the summary tables and metering and dimensions thereof.
� Route Signals. The CONCESSIONAIRE shall specify the route signals to inform the user of the road itself, and familiarize it with the nomenclature of the MTC.
These signals may be placed both on individual posts, and informational signs of destination and location. The same criterion should be adopted to departmental routes or neighborhood routes that are born from the national route.
� Environmental Signaling
The CONCESSIONAIRE should include the environmental protection signals.
2.3.9.3 Signaling and Traffic Control Procedure dur ing execution of work The Concessionaire must submit the drawings for signaling and traffic control procedures during the execution of work, which must be based on the timing of it, including the responsibilities of the Contractor and the communication requirements in the affected areas, to alert to road users about interruptions, traffic detours and possible effects on travel times.
2.3.10 Metering, Analysis of Unit Prices and Techni cal Specifications
The metering, analysis of unit prices and technical specifications correspond closely and will be compatible with each other in the construction procedures, methods of measurement and payment bases. The general approach to develop each aspect, will be under the concept of unit prices.
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The metering will be made considering the items of work to be executed, the unit of measure, the proposed designs indicated in the plant drawings and longitudinal profile, cross sections, longitudinal cuts, specific construction designs and details. The definition of items of work and the calculation of metering must be accurate and be within a reasonable range from the actual metering of work, defined by a spread of about ± 10% of actual metering.
The analysis of unit prices shall be made for each item of the project, considering the composition of labor force, equipment, materials and performance of equipment and corresponding labor force. Detailed analyzes shall be made both direct costs and indirect (fixed overhead, variable, profit). The budget of work must be calculated based on the metering of work and unit price analysis, differentiating between direct costs and indirect and the corresponding VAT.
Technical Specifications will be developed for each item of the project in terms of particular specifications, will be based on the recommendations and solutions made by each specialist, they will be subject to the Manual of Geometric Design of Highways DG-2013, Manual of Materials Testing for Highways EM-2000 and to the General Technical Specifications for Construction of Highways EG-2013, approved by the MTC. Complementarily, standards AASHTO and ASTM specifications shall be used. They shall include quality control, testing during the execution of work and criteria for acceptance or rejection, controls for the reception of work and aspects referred to the conservation of the environment.
2.4 Schedule of execution of work, use of equipment and materials of
disbursements. The CONCESSIONAIRE shall formulate the schedule of execution of
analyzed work, considering the restrictions that may exist for the normal development of the works, such as rain or adverse weather conditions, difficult access to certain areas, etc. The schedule will be drawn up using the PERT-CPM method and MS Project software, identifying activities or items that are in the critical path of the project; a bar graph for each of the tasks and stages of the project will also be presented. The CONCESSIONAIRE must make it clear that the schedule is applicable to the climatic conditions of the area. It shall submit a program of utilization of equipment and materials, agreed with PERT-CPM schedule.
In programming emphasis will be placed on evaluating the stage of mobilization and installation of camps and equipment in work and by the CONCESSIONAIRE.
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2.5 Technical File
The CONCESSIONAIRE shall prepare the Technical File for the work.
The Technical File shall form part of the Final Report, and will be composed by the following documents:
� Descriptive memory, base budget of work, schedules of execution of
work, use of equipment and materials and disbursements, polynomial formulas and the list of minimum equipment, both of execution of work and laboratory.
The Technical File may have the following referential scheme, which may be improved to highlight the study results:
I. Volume Nº 1 – Descriptive Memory, Basic Studies
i. Descriptive Memory. ii. General drawing of the project and typical sections. iii. Topography study, layout and geometric design. iv. Conclusions of the traffic and load study. v. Study of soils, geotechnics, quarries, dumps, water sources. vi. Pavement design and typical sections thereof. vii. Hydrology and hydraulics study. viii. Relation and descriptive memory of artworks and drainage. ix. Design of new bridges and rehabilitation of existing. x. Conclusions of signaling and road safety study. xi. List of metering by entries.
� Summary of metering � Budget calculus bases
xii. Base Budget. xiii. Schedule of execution of work, use of equipment and
materials, and disbursements. xiv. Polynomial formula. xv. Requirements of labor force and equipment. xvi. ANNEXES – BASIC STUDIES
• Layout and Road Design. • Traffic Study and Load per axis. • Study of soils, summary of soil tests, quarries and water
sources. • Geotechnical Study. • Memory of calculation for pavement design. • Hydrology and Hydraulics Study. • Memory of design calculation of drainage works, including
walls.
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• Memory of calculation for design and Bridges rehabilitation
• Study of signaling and road safety. • Lines of service.
II. Volume Nº 2 – Technical Specifications
It will include the technical specifications regarding the work to be executed, according to the Manual of General Technical Specifications for Highway construction (EG-2000), by item and for each item of work budget, including quality control and testing during implementation and for the reception of the work; It will also include activities for environmental conservation, the survey stakeout, construction of camps, the overall cleanliness of the work, etc.
III. Volume Nº 3 - Metering
The metering shall be detailed per each specific item of Budget and shall include diagrams, sections and typical sketches, in the corresponding cases. � Metering of preliminary works. � Metering of earthworks. � Metering of pavements. � Metering of paid transportation. � Metering of artworks and drainage. � Metering of Bridges. � Metering of signaling and road safety.
IV. Volume Nº 4 - Drawings
The drawings shall have a uniform presentation and size, must be delivered properly protected in carrier plans to keep them together but allowing their easily disaggregation.
They must be identified by a numbering system and proper coding and show the date, seal and signature of the Specialist and Project Leader.
Not limited to the relationship detailed below, the most important drawings and their contents are:
� General Report and index of drawings.
� Location drawing, showing the roads, populated centers and
most important projects, within the area of influence of hte study.
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� Key drawing at scale 1/25000 in non-deformable paper with UTM coordinates showing geographical accidents, population, media, sources of materials, dumps, etc., existing in the study area, along with a table of distances, altitudes, traffic and any other information deemed necessary.
� Drawing of type sections, scale 1:50 (H) and 1: 5 (V)
indicating all dimensions and other characteristics of the works included in the cross section of the highway, such as width and thickness of berms, ditches, drains, slope inclination, crowning ditches or foot of the slope, width of right of way, etc.
� Plant Drawings and Project Profile at scales of 1: 2000 (H)
and 1: 200 (V) with the nomenclature required by the Peruvian standards. In plant drawings the references of the PIs, limits of right of way, location, including heights and slopes, sewers, retaining walls, drainage and coronation ditches, guardrails and other important complementary works will be given. On the profile drawings the location and reference of the BMs, sewers, pontoons, bridges and other structures will be indicated.
� Drawings of cross sections indicating the earthworks areas in
each section, at scale 1:200 in rural area and 1:100 in urban area.
� Drawings of plant and profile of urban areas at scale 1:500
(H) and 1:50 (V). � Mass Diagram, pointing volume offsets, partial transport
distances and the classification of materials. Horizontal scale 1: 25000.
� Drawings of quarries, landfills, water supply sources, plant
scale 1: 2000, stating location, sections or pits (vertical scale 1:20), volumes and other technical characteristics, data about the period of use, method of operation , use, performance, ease of access and transport distances according to the diagram of distribution that must accompany.
� Drawings of hydraulic basins and hydrology (scale 1:50000 or
less). � Drawings at scale 1: 5000 (H) of the proposed drainage
system, with location of gutters, ditches, sewers, etc. The
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longitudinal profile of gutters and/or drainage ditches parallel to the road, indicating dimensions and its venting into sewers, pontoons or others, also the cross sections of all artworks and drainage, at scale 1:100, indicating input and output levels, slope, type of drainage work, heads, walls, etc.
� Drawing of quarries and water sources at variable scale, in
which it shall detail in concrete the summarized results of field investigations.
� Drawings at variable scale according to design of artworks
(pontoons, sewers, walls, ditches, etc.) with tables of numbers corresponding to the various items included in the budget and in accordance with the given specifications.
� Drawings of detail of Bridges (new and rehabilitated) showing
the metering of the different items that are included according to the given specifications.
� Drawings of signaling and road safety; they will be presented
at a variable scale and shall include signaling during the execution of the work; vertical signaling (warning signs, restrictive and informative); detail of securing posts; road safety elements, guardrails, studs, delineator posts, etc. In addition, it will submit a general plan of road signs and safety, scale 1: 2000, clearly placing the corresponding vertical signaling and road safety elements.
OTHER DOCUMENTS THAT THE CONCESSIONAIRE SHALL SUBMIT AS PART OF THE FINAL REPORT
V. Volume Nº 5 – Executive Summary of the Project
VI. Volume Nº 6 – Report of Verification of Techni cal Economic Assessment of the Project ( HDM III).
VII Volume Nº 7 – Analysis of Unit Prices � Basis for the calculation of unit prices. � Analysis of direct cost by items. � Analysis of indirect cost by items. � Summary of cost components and unit prices by items. � Base Budget of Work. � Polynomial formulas. � Schedule of execution of work and disbursements � PERT – CPM of execution of work. � Requirement of labor force, materials and optimized
equipment.
Concession of the Longitudinal de la Sierra Highway Section 4 179
The CONCESSIONAIRE shall make an analysis of unit costs for items, taking into account the particular characteristics of the work; the labor force requirements; the distance to the quarries for building materials, operating cost; the cost of transportation and other materials; machinery and equipment to be installed on site including freight, taxes, insurance and generally all costs listed in the activities of construction and assembly.
Analysis of costs shall include the direct and indirect costs separately, dividing them in local and foreign currency, according to their origin.
VIII. Outlines Notebook and Annexes The CONCESSIONAIRE must deliver the notebooks of outlines, leveling and cross sections; also a list of BMs, PIs and their references; spreadsheets, diagrams, charts and graphs that have been used to prepare the documents.
IX. Compact Disks
The CONCESSIONAIRE must deliver the compact disks with the files corresponding to the study, in an orderly manner, and with a explanatory memory indicating the way to totally reconstruct the final report.
Likewise, the design drawings, will be submitted in compact disks in files of CAD format.
Concession of the Longitudinal de la Sierra Highway Section 4 180
ANNEX N° 10
Form 1
AFFIDAVIT (Commitment of reliable and current information)
(Reference Section 18.2 of the Bid Terms) Concessionaire: …………………………………………. We hereby declare under oath the following: "That, on the date of the contract subscription, all the information, declarations, certification and, in general, all the documents submitted in Envelopes Nº 1 and Nº 2 in the Bid are in force and are reliable ". Place and date: .............., ............................ 201...
Name .............................................................
Signature of Legal Representative of Concessionaire
Concession of the Longitudinal de la Sierra Highway Section 4 181
ANNEX N° 11 21.8 REFERENTIAL SCHEDULE
(Reference: Section 0 of the Bid Terms)
Activity Date /Period
Call Until 10 calendar days after the approval of the Bid Terms by the Steering Council
Dissemination of Bid Terms From the call date
Consultation to the Bid Terms Until 30 calendar days before the deadline of submission of envelopes N° 1
Reply to consultations to the Bid Terms Until 20 calendar days before the deadline of submission of Envelopes N° 1
Term for consortium, for changes in its conformation or for a member of a Preshortlisted Bidder decides to retire
Since the call until 35 calendar days before the submission of Envelopes Nº 2 and Nº 3.
Submission of Envelopes Nº 1 (Preshortlisting documents)
Since the call until 30 calendar days before the submission of Envelopes Nº 2 and Nº 3.
Term for correction of errors in documents of Envelope N° 1
Until 25 calendar days before the submission of Envelopes Nº 2 and Nº 3.
Announcement of Preshortlisted Bidders Until 20 calendar days before the submission of Envelopes Nº 2 and Nº 3.
Delivery to Bidders of the Final Version of the Contract approved by the Steering Council of PROINVERSIÓN
Within 320 calendar days after the call.
Access to Data Room Until 03 calendar days before the submission of Envelopes Nº 2 and Nº 3
Submission of Envelopes Nº 2 and Nº 3
Since 30 calendar days after the delivery to Bidders of the Final Version of the Contract until 10 calendar days after the reception of the Report of the Comptroller General without objections or having made the corrections by PROINVERSION
Opening of Envelope Nº 3 and Award
Until 10 calendar days after the previous event until 10 calendar days after the reception of the Report of the Comptroller General without objections or having made the corrections
Contract Subscription Date Shall be communicated through Circular
