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Request for Proposal (RFP)
For
Providing Transaction Advisor cum Technical Consultant Services for
Nehru Outer Ring Road Project under consideration to award on Toll
Operate Transfer (TOT) model at Hyderabad
Request For Proposal (RFP)
RFP No. 27/CGM(T)/ HGCL/TOT/2017-18, dated:20.11.2017
HYDERABAD GROWTH CORRIDOR LIMITED
November 2017
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DISCLAIMER
The information contained in this RFP document (the “RFP document”) or subsequently provided to
Bidder(s), whether verbally or in documentary or any other form by or on behalf of HYDERABAD
GROWTH CORRIDOR LIMITED (HGCL) or any of its employees or advisors, is provided to
Bidder(s) on the terms and conditions set out in this RFP document and such other terms and
conditions subject to which such information is provided.
This RFP document is not an agreement and is neither an offer nor invitation by HGCL to the
prospective Bidders or any other person. The purpose of this RFP document is to provide interested
parties with information that may be useful to them in making their technical/ financial offers
(“Bid(s)”) pursuant to this RFP document. This RFP document includes statements, which reflect
various assumptions and assessments arrived at by HGCL in relation to the Project. Such
assumptions, assessments and statements do not purport to contain all the information that each
Bidder may require. This RFP document may not be appropriate for all persons, and it is not
possible for HGCL, its employees or advisors to consider the investment objectives, financial
situation and particular needs of each party who reads or uses this RFP document. The assumptions,
assessments, statements and information contained in this RFP document, may not be complete,
accurate, adequate or correct. Each Bidder should, therefore, conduct its own investigations and
analysis and should check the accuracy, adequacy, correctness, reliability and completeness of the
assumptions, assessments, statements and information contained in this RFP document and obtain
independent advice from appropriate sources.
Information provided in this RFP document to the Bidder(s) is on a wide range of matters, some of
which may depend upon interpretation of law. The information given is not intended to be an
exhaustive account of statutory requirements and should not be regarded as a complete or
authoritative statement of law. HGCL accepts no responsibility for the accuracy or otherwise for any
interpretation or opinion on law expressed herein.
HGCL, its employees and advisors make no representation or warranty and shall have no liability to
any person, including any applicant or Bidder under any law, statute, rules or regulations or tort,
principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense
which may arise from or be incurred or suffered on account of anything contained in this RFP
document or otherwise, including the accuracy, adequacy, correctness, completeness or reliability of
the RFP document and any assessment, assumption, statement or information contained therein or
deemed to form part of this RFP document or arising in any way for participation in this Bid.
HGCL also accepts no liability of any nature whether resulting from negligence or otherwise
howsoever caused arising from reliance of any Bidder upon the statements contained in this RFP
document. HGCL may in its absolute discretion, but without being under any obligation to do so,
update, amend or supplement the information, assessment or assumptions contained in this RFP
document.
The issue of this RFP document does not imply that HGCL is bound to select a Bidder or to appoint
the Successful Bidder for the Project and HGCL reserves the right to reject all or any of the Bidders
or Bids without assigning any reason whatsoever.
The Bidder shall bear all their costs associated with or relating to the preparation and submission of
their Bid including but not limited to preparation, copying, postage, delivery fees, expenses
associated with any demonstrations or presentations which may be required by HGCL or any other
costs incurred in connection with or relating to Bid. All such costs and expenses will remain with
the Bidder and HGCL shall not be liable in any manner whatsoever for the same or for any other
costs or other expenses incurred by a Bidder in preparation or submission of the Bid, regardless of
the conduct or outcome of the bidding process.
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Document Composition
This RFP Documents comprises for following parts.
Table 1
Part-I Instructions to Bidders Page no. 4 to 24
Part-II Terms of Reference Page no. 25 to 46
Part-III Formats for Bid Submission Page no. 46 to 62
Part-IV Draft Format of Contract Agreement Page no. 63 to 78
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PART-I
INSTRUCTIONS TO BIDDERS
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RFP. No. 27/ CGM(T)/ HGCL/TOT/2017-18, Date:20 -11-2017
Request for Proposal (RFP) for Providing Transaction Advisor cum Technical Consultant
Services for Nehru Outer Ring Road Project under consideration to award on Toll Operate
Transfer (TOT) model at Hyderabad
1. Introduction
Hyderabad Metropolitan Development Authority (HMDA) is a statutory Authority of State
Government, with the responsibility of Planning and Developing the Hyderabad Metropolitan Area
(HMA) in association with various other local agencies. HMDA prepares various planning
documents including the Master Plan for HMA and formulates Urban Development Schemes at the
Metropolitan level with specific reference to infrastructure development, decongestion etc. with
jurisdiction of 7100 Sq. Km as Hyderabad Metropolitan Region.
The State Government has taken up construction of Eight lane access controlled Expressway as
Outer Ring Road to Hyderabad city and created a Special Purpose Vehicle ( SPV) named as
“Hyderabad Growth Corridor Limited”(HGCL) (Authority) for development of Outer Ring
Road (ORR) under Companies Act 1956. The 158 km long Outer Ring Road (ORR) connects
Patancheru (on NH-65) – Dundigal (on Narsapur SH) – Medchal (on NH-44) – Shamirpet (on Rajiv
Rahadari) – Keesara –Ghatkesar (on NH-163) –Pedda Amberpet (on NH-65)- Bongulur (on
Nagarjuna Sagar SH)- Tukkuguda(on Srisailam SH) – Shamshabad (on NH-44) – APPA (on
Vikarabad SH) – Narsingi (on Shankerpally road) to by pass the city of Hyderabad and provides
connectivity to the existing and proposed major growth centers. HGCL is under the Administrative
control of HMDA.
The Outer Ring Road Project, provide orbital linkage to decongest the traffic flow on the existing
major arterials. The Project has been planned as road -cum- area development project since the aim
is to develop well planned and well connected Urban settlements around the Hyderabad
Metropolitan area. Construction of ORR is taken up in three phases and the details of each phase is
as follows:
a. Phase-I (2-pacakges) : Rs. 699 Cr (loan from commercial banks)
b. Phase-II A (5-pacakges) : Rs. 2439 Cr. (BOT-Annuity)
c. Phase-II B (6-packges) : Rs. 3558 Cr. (Loan from JICA in 2 Loan Agts Ph-1 & 2)
Total : Rs. 6696 Cr.
The details showing the package wise stretches, length, agencies executed, mode of execution, date
of commencement of works, date of opening to traffic and Structures in each package, is enclosed as
Annexure-I.
The 158Km long ORR is planned with in 150m Right of Way (RoW) and with 8 lane Access
Controlled Expressway as Main Carriageway (MCW) with two lane Service Roads on either sides.
25m width of land strip is provided between the inner Service Road and Main Carriageway to
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accommodate future Metro Rail Corridor. The Cross Section drawing of the ORR is attached as
Annexure-II. The alignment drawing showing interchanges locations is attached as Annexure-III.
Access to the expressway is provided at predefined Entry / Exist points at 19 locations where
Interchanges were developed with various designs to provide seamless connectivity. The ORR
project is named as “Nehru Outer Ring Road” The details of Interchange locations and types of
Interchange developed are as follows:
Table 2
Sl.No. Name of Interchange Chainage in Km Type of Interchange
1 Kokapet 2+000 Rotary
2 Idulnagalapalli 13+900 Rotary
3 Patancheru 22+500 Double Trumpet
4 Sultanpur 31+000 Rotary
5 Saragudem 42+700 Double Trumpet
6 Medchal 52+200 Double Trumpet
7 Shamirpet 61+100 Double Trumpet
8 Keesara 73+000 Rotary
9 Ghatkesar 81+550 Double Trumpet
10 Taramatipet 89+750 Rotary
11 PeddaAmberpet 96+650 Double Trumpet
12 Bongulur 108+900 Double Trumpet
13 Ravirayal 116+000 Diamond
14 Tukkuguda 121+500 Diamond
15 Pedda Golconda 129+750 Rotary
16 Shamshabad 136+100 Partial Clover Leaf
with directional Ramps
17 Rajandranagar-1 & 2 142+620 Rotary
18 TSPA 147+650 Diamond
19 Nanakramguda 154+350 Diamond
Toll is being collected from road users of the Main Carriage Way (MCW) of ORR. Toll is not
collected on the Service Roads. Sate of the Art and innovative Toll Management System (TMS) is
being installed to collect toll from the users of MCW on ORR. A closed toll system is implemented
wherein toll is collected based on the distance travelled on ORR. Toll Plazas are constructed at all
the above mentioned 19 interchanges. The TMS work is likely to be completed by middle of
January, 2018. Once the TMS work is completed payment will be made through one of the three
payment modes, manual (cash), Touch &Go (T&G) using smart card (IC card), and RFID electronic
toll collection (ETC).
The total numbers of lanes are 181, out of which Manual and Touch & Go lanes are 112, Hybrid
(Manual and Touch & Go lanes and RFID) lanes are 51 and Hybrid (touch & Go and RFID) lanes
are 18. The following table shows the details of each interchange including interchange number and
name, type of toll lane and no. of lanes.
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Table 3
Interchange Number of Manual
and T&G lanes
Lane Configuration
Number of Hybrid
(Manual & T&G,RFID)
lanes
Number Hybrid
(T&G,RFID) lanes Total
No. Name Entry Exit Total Entry Exit Total Entry Exit Total
1 Kokapet 2 2 4 2 2 4 8
2 Idulnagalapalli 2 2 4 2 2 4 8
3 Patancheru 3 5 8 1 1 1 2 3 12
4 Sultanpur 2 2 4 2 2 4 8
5 Saragudem 2 3 5 1 1 2 7
6 Medchal 4 5 9 1 1 1 1 2 12
7 Shamirpet 4 5 9 1 1 1 1 2 12
8 Keesara 2 2 4 2 2 4 8
9 Ghatkesar 4 6 10 1 1 2 12
10 Taramatipet 2 2 4 2 2 4 8
11 PeddaAmberpet 3 5 8 1 1 2 1 1 2 12
12 Bongulur 2 3 5 1 1 2 7
13 Ravirayal 2 2 4 2 2 4 8
14 Tukkuguda 2 2 4 2 2 4 8
15 Pedda Golconda 2 2 4 2 2 4 8
16 Shamshabad 4 6 10 2 3 5 15
17
Rajandranagar-1 1 1 2 1 1 2 4
Rajandranagar-2 1
1 2 1
1
2
4
18 TSPA 2 2 4 8
19 Nanakramguda 3 5 8 1 2 3 1 2 3 12
49 63
112
25 26
51
8 10
18 181
TOTAL 112
51
18
At present Toll (user fee) is being collected by M/s Eagle Infra India Ltd. with their own temporary
equipment and infrastructure like Toll Booths, Electrical supply, boom barriers, Ticketing system
and software and are paying to HGCL a lump sum amount of Rs.15.90 crores per month. The
agreement period of M/s Eagle Infra India Ltd., is till 18.01.2018 and may be temporarily extended
further based on necessity.
Since the ORR Project construction is taken up in a phased manner, the stretches of ORR are
opened to traffic in a phased manner. Accordingly, toll operations are also commenced in different
stretches on different occasions. The details of stretches, length of stretches, period, Toll collecting
agency and the remittance made by them to HGCL are as follows:
Table 4
Period Stretch Length
in km Agency
Remittance
per month in
Rs.
Total Revenue
in Rs.
25.09.2012 to 25.03.2014 Pedda Amberpet to
Patancheru
079.462 PKHS 1,26,29,959/- 22,98,65,254/-
26.03.2014 to 18.07.2014 Pedda Amberpet to 079.462 PKHS 1,49,03,352/- 5,36.52,067/-
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Patancheru
26.03.2014 to 18.07.2014 Patancheru to
Shamirpet
035.600 PKHS 47,16,055/- 1,69,77,798/-
19.07.2014 to 18.01.2016 Pedda Amberpet to
Shamirpet
119.450 Eagle 3,92,00,000/- 70,69,06,671/-
04.09.2015 to 18.01.2016 Pedda Amberpet to
Ghatkesar
015.000 Eagle 32,71,890/- 1,09,44,055/-
19.01.2016 to 18.01.2017 Ghatkesar to Shamirpet
via Shamshabad
136.000 Eagle 8,23,07,500/- 92,48,77,967/-
12.09.2016 to 18.01.2017 Ghatkesar to Shamirpet
via Keesara
021.300 90,00,000/- 3,15,54,240/-
19.01.2017 to 14.02.2017 ORR except 1.1 km 156.900 Eagle 10,86,55,925/- 15,53,71,828/-
15.02.2017 to 18.07.2017 ORR except 1.1 km 156.900 Eagle 15,90,73,873/- 84,00,37,644/-
19.07.2017 to 18.10.2017 ORR except 1.1 km 156.900 Eagle 15,90,73,873/- 54,39,30,017/-
Total 3,51,41,17,541/-
19.10.2017 to 18.01.2018 ORR except 1.1 km 156.900 Eagle 16,22,55,350/-
The HGCL has decided to award the Nehru Outer Ring Road Project, Hyderabad on Toll
Operate Transfer (TOT) model to a Concessionaire, and intends to select a Transaction
Advisor cum Technical Consultant for preparation of required documents.
HGCL will be the Employer / Authority. The standards of output required from the appointed
consultants shall be of international level both in terms of quality and adherence to the agreed
time schedule.
The main objective of the Transaction Advisor Cum Technical consultants (Consultant)
service is to establish the technical, economical, and financial viability of the project and
prepare project reports for maintenance and/or rehabilitation of the assets along the ORR.
The viability of the project shall be established taking into account the requirements with
regard to operation & maintenance, major maintenance works rehabilitation and improvement
based on highway design, pavement design, rehabilitation of existing structures, road safety
features within the ROW of ORR, quantities of various items of works and cost estimates and
financial analysis.
The Transaction Advisor cum Technical Consultant will be selected under Quality cum Cost
Based Selection (QCBS) procedure described in the RFP.
The cost of the consulting services will be financed by HGCL/HMDA.
2. Description of Bidding Process:
2.1 The Authority is adopting following process (referred to as the "Bidding Process") for selection
of the Agency for award of Transaction Advisor Cum Technical Consultancy Services project.
The Bid shall be submitted under two envelops (Technical Bid and Financial Bid). Prior to or
along with the Bid, the Bidder shall pay to the Authority a sum of Rs. 10,000 (Rupees Ten
Thousand only) as the cost of the RFP process.
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The Technical proposal (first envelop) and Financial proposal (second envelop) should be
submitted. Eligibility and qualification of the Bidder will be first examined based on the details
submitted under first envelop (Technical Bid) with respect to eligibility and qualifications
criteria prescribed in this RFP. At the end of evaluation of Technical Bids, the Authority shall
announce a list of qualified Agencies with their scores.
The Financial Bid under the second envelop shall be opened of only those Bidders whose Technical
Bids are responsive to eligibility and qualifications requirements as per this RFP.
2.2 Any queries or requests for additional information concerning the RFP shall be submitted in
writing or by e-mail to the officer designated below in the attached format. The envelope / e-
mail communication shall clearly bear the following identification title:
“RFP for Providing Transaction Advisor cum Technical Consultant Services for Nehru
Outer Ring Road Project under consideration to award on Toll Operate Transfer (TOT)
model at Hyderabad”
“Queries/Request for Additional Information”
Address for correspondence:
The Chief General Manager (Tech),
Hyderabad Growth Corridor Limited (HGCL)
2nd
Floor, HUDA complex, Tarnaka, Hyderabad- 500007.
Phone: +91 40 27002913
Email: [email protected]
2.3 Schedule of Bidding Process
Application(s) can be submitted by the Bidder(s) during the office hours on all the working
days at above address.
The Authority shall endeavour to adhere to the following schedule:
Table 5
Event Description
1 RFP Notification 24.11.2017
2 Download of RFP Document 24.11.2017 to 14.12.2015
3 Pre-Bid meeting 30.11.2017
4 Last date for receiving queries 02.12.2017
5 Response to queries latest by 06.12.2017
6 Bid Due Date 15.12.2017 up to 15.00Hrs
7 Opening of Technical Bids 15.12.2017 @ 15.30Hrs
8 Opening of Financial bid To be intimated
9 Validity of Bids 120 days
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2.4 Amendment of RFP:
At any time, the Authority may for any reason, whether on its own initiative or in response to
clarifications requested by any Applicant, modify the RFP by issuing an Addendum. It is
binding on the Applicants to provide requisite information as per the Addendum and within
the time prescribed. Failure to do so will result in the application being rejected.
3. Any Addendum issued hereunder will be in writing and shall be hosted on website
www.hmda.gov.in
Non-refundable fee for participating in the bidding process:
3.1 The Applicant shall submit Rs.10,000/- (Rupees Ten Thousand only) in the form of A/c
payee Pay Order /Demand Draft in favour of Managing Director, HGCL towards cost of
bid documents along with his application:
4. Eligibility for participation and calculation of Technical Capacity:
Applicants shall fulfill the criteria listed below.
Table 6
Sl. No Criteria
1
The Applicant should be a Company or Joint Venture (maximum two (2) entities);
incorporated in India and registered under the Companies Act 1956 and any amendment
thereof, having requisite experience. Documentary proof (copy of certificate of
incorporation) shall be submitted as part of the application.
OR
A Foreign Company or its subsidiary Company registered in India having requisite
experience. For considering the experience of the Parent Company, the subsidiary
Company registered in India should provide an undertaking from their Parent Company
confirming thereby: (i) Perpetual and unconditional access to expertise, personnel and
facilities of the Parent Company to the Indian Company; (ii) Sharing of risks and profits
of the Indian Company by the Parent Company; and (iii) That the Parent Company has
sufficient representation in the management of Indian Company to control the activities of
the subsidiary. In such case only the experience and the details of the Parent Company
will be considered, otherwise the details/ experience of Indian Company only will be
considered. Under this concept, there is no involvement of lead bidder; the Indian
company (subsidiary) shall be participating as a sole bidder
2
Financial Capacity
Average of the annual turnover of the Applicant over the last 5 years (FY 2012-13, 2013-
14, 2014-15, 2015-16, 2016-17) should be equal to or more than INR 100 Crores.
Statutory Auditor certificate and Audited Financial Statements (Balance Sheet, P&L
statement and cash flow statement along with notes to accounts) to be submitted as proof.
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3 Technical Capacity
Experience of working in minimum five (5) consultancy projects in last ten (10) years
related to financial advisory for project involving either merger and acquisition / asset (re)
structuring for government & government undertaking/private developer/Banks/ Financial
institution OR transaction advisory and bid process management in Transportation sector.
The value of project for which service was rendered to be greater than INR 500
(five hundred) crore for those executed in India, and USD 100 million for those
executed outside India.
The projects shall not include IT implementation / Audit projects.
Transportation sector includes the following – Highways, Expressways, In-land
waterways, Railways, Metro, Ports & Airports, Multi-modal transportation hubs
and bus terminals only.
B
Experience of working in minimum five (5) technical consultancy projects in last ten (10)
years related to preparation or review of detailed project report (DPR) for Highways /
Expressways / Urban roads.
The total length of the highway / expressway / urban roads under the project for
which technical consultancy was rendered to be greater than or equal to 100 km
The value of project for which service was rendered to be greater than INR 500
(five hundred) crore for those executed in India, and USD 100 million for those
executed outside India.
Scope of DPR shall include, but not be limited to,
o review of past traffic on project stretch and other competing routes
o analysing network condition, traffic characteristic, and level of toll charges
o review/preparation of pavement design
o conducting / reviewing block traffic count and origin destination survey
o estimating Average Daily Traffic (ADDT) and forecast including, vehicle
type wise traffic counts split under tollable and non tollable
o Toll revenue estimation along with Operations & Maintenance cost, Major
Maintenance and Repair cost with respective schedules.
o Tolling strategy
Note:
In case the experience claimed is in respect of the works executed abroad, a self-
declaration (alongwith supporting details, if any) regarding equivalency of the type and
category of such road to those (NH/SH/Expressway) in India shall be furnished.
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The Applicant needs to provide copies of detailed experience certificates, work orders,
completion certificates along with the scope of work of the services rendered, as proof of
technical capacity.
A Company (including related / group companies) will be allowed to submit only a single
application.
Joint ventures having maximum 2 partners, are allowed to participate. No JV partners
shall be common in two Applicants. In case of JVs, a JV Agreement shall be submitted
along with the application to the Authority.
5. Deleted.
6. Preparation and submission of application:
6.1 Language of application
All correspondence and documentation related to the application exchanged between the
Applicant and the Authority shall be in English language. The Applicant shall be solely
responsible for the accuracy of English Translation of various documents submitted by him
to HGCL.
6.2 The application(s) shall be submitted to the Authority in physical form as per the process
described in Para 7 below. All pages of the application shall be serially numbered along with
an index, signed by the authorized signatory on all pages in blue ink (in case of
printed/published document, only the cover shall be signed), sealed and bound together, loose
form, stapled form etc. will not be accepted. All the alterations, omissions, additions or any
other amendments made to the application shall also be signed by the authorized signatory.
7. Procedure for preparation and submission of applications
The Bidder shall submit their Bids in two separate sealed envelopes:
(i) Technical Bid and
(ii) Financial Bid
The Technical Proposal should contain all the relevant information and desired enclosures in
the prescribed format along with Cost of Tender Document. The Financial Proposal should
contain only financial Bid as per the prescribed format. In case, any bidder encloses the
financial bid within technical bid, the same shall be rejected summarily.
The Bid Document should be submitted as mentioned in this clause. Submission of Technical
Bid and Financial Bid in any other format may result in invalidation of such bids. Bid
submitted cannot be modified after the submission of the bid offers.
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All information called for should be furnished against the respective columns in the forms. If
information is furnished in a separate document, reference to the same should be given against
respective columns in such cases. If any particular query is not applicable, it should be stated
as “Not Applicable”. However the bidders are cautioned that not giving complete information
called for in the tender forms or not giving it in clear terms or making any change in the
prescribed Annexure or deliberately suppressing the information may result in the bidder
being summarily disqualified.
Offers sent by post should be sent by Registered/Speed Post so as to reach before closing date
/ Bid due date. HGCL shall not be responsible for any delay/ loss of offers sent by post.
(v) Bid Response Format
The bidder shall effectively communicate and shall cover all the requirements as given in the
Bid Document. The bidder shall use the following format to submit the response:
The documents of the Technical Bid shall be placed in sealed envelope clearly marking it as
“Technical bid for Providing Transaction Advisor cum Technical Consultant Services
for Nehru Outer Ring Road Project under consideration to award on Toll Operate
Transfer (TOT) model at Hyderabad”.
The financial Bid shall be placed in separate sealed envelope clearly marking it as “Financial
Bid for Providing Transaction Advisor cum Technical Consultant Services for Nehru
Outer Ring Road Project under consideration to award on Toll Operate Transfer
(TOT) model at Hyderabad (Do not open with Technical Bid)”.
The above two envelopes shall be placed in third envelope, which shall also be appropriately
sealed and marked it as “Tender for Providing Transaction Advisor cum Technical
Consultant Services for Nehru Outer Ring Road Project under consideration to award
on Toll Operate Transfer (TOT) model at Hyderabad”
Financial Bid:
a. Financial bid shall be submitted in the prescribed format as per Form F-1
b. The bid should include all the charges payable in full compliance to the Scope of
Work and other terms specified in the RFP document. No additional payments
whatsoever are envisaged.
c. The bid should include all statutory taxes/ levies / surcharge on tax etc. but excluding
GST. Any tax, and / or any other levies, if altered in future and payable under the law,
the same shall be borne by the bidder.
d. Applicant should note that Income tax payable by the Bidder is not reimbursable by
HGCL. TDS will be applicable on all payments made by HGCL as per applicable law.
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e. In case of any difference in figures and words, the amount mentioned in words will
prevail.
Technical Bid
7.1 The Bidder shall submit the following documents physically duly filled in:
(a) Application Form T-1 (Covering letter);
(b) Brief information about the Applicant in Form T-2.
(c) Duly notarised Original Power of Attorney in favour of Authorised Signatory as per
Form T-3.
(d) Form T-4 in support of each project experience claimed and document(s) in support of
Technical Strength as per Form T-4.
(e) Affidavit from the Applicant that it is not involved in any litigation with the Authority as
per format prescribed in Form T-5.
(f) CVs of the Team Leader cum Sector Expert, Financial Expert, Technical Expert, Project
Manager and Legal Expert as per the format prescribed in T-6.
(g) Form T-7, Check list with details and referring to the pages numbers of each document
provided in the Bid Document.
(h) Cost of RFP bidding documents in the form of Demand Draft or A/c payee pay order in
favour of Managing Director, HGCL payable at Hyderabad.
(i) Certified copies of other documents:
i. Certificate of Incorporation of Company;
ii. MoA and AoA of the Company or relevant document showing that the Applicant
is engaged in providing similar services;
iii. Statutory Auditor certificate certifying the Turnover, and Audited Financial
Statements (Balance Sheet, P&L statement and cash flow statement along with
notes to accounts).
iv. Any other document providing additional information in respect of financial
strength, technical experience, etc.
v. Joint Venture Agreement, if applicable.
vi. Declaration on Conflict of Interest.
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vii. if applicable, Original Power of Attorney for Lead Member of Consortium as per
the format;
7.2 The envelope shall be addressed to the following officer and shall be submitted at the respective
address:
The Chief General Manager (Tech)
Hyderabad Growth Corridor Limited (HGCL)
2nd
Floor, HUDA complex, Tarnaka, Hyderabad- 500007.
Phone: +91 40 27002913, Email: [email protected]
7.3 If the Envelops are not sealed and marked as instructed above, the Authority assumes no
responsibility for the misplacement or premature opening of the contents of the Bid submitted
and consequent lossess, if any, suffered by the Bidder.
8. Modification /Substitution/ Withdrawal of Bids:
(i) The Bidder may modify, substitute or withdraw its bid after submission prior to the
Bid Due Date.
(ii) No Bid shall be modified, substituted or withdrawn by the Bidder on or after the Bid
Due Date and time.
(iii) Any alternative/modification in the Bid or additional information supplied subsequent
to the Bid Due Date, unless the same has been expressly sought for by the Authority,
shall be disregarded.
(iv) For withdrawal of bid, bidder can withdraw its bid before bid due date. Before
withdrawal of a bid, it may specifically be noted that after withdrawal of a bid for any
reason, bidder cannot re-submit bid again.
9. Opening, evaluation and bidding process
9.1 The applications received by the Authority will be examined and evaluated in accordance
with the provisions set out herein.
9.2 HGCL reserves the right to reject any application which is non-responsive and no request
for alteration, modification, substitution or withdrawal shall be entertained by HGCL in
respect of such applications.
9.3 In the first stage the Authority shall examine the statement of qualification furnished by the
Applicant in support of their fulfilment of eligibility against the prescribed criteria. An
application shall be considered Responsive only if:
(a) The prescribed documents at para 7 above are received by HGCL in the manner
prescribed at para 7 with proper seal and signature.
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(b) Cost of RFP/ Bid Documents are submitted in the prescribed amount and manner.
(c) The application contains all the required documents and information in the prescribed
manner.
(d) The Applicant qualifies the prescribed eligibility criteria.
(e) The application does not contain any pre-condition, assumption or qualification; and
(f) It is not non-responsive in terms hereof.
9.4 Post completion of the evaluation stage, HGCL will open the Financial bid on the date and
time prescribed. Prior to evaluation of the bids, HGCL shall determine as to whether each bid
is responsive to the requirements of this RFP document. A bid will be declared non-
responsive in case:
a) If the Authorized Signatory holding Power of Attorney are not the same
b) If a bidder submits a conditional bid or makes changes in the terms and conditions given
in this RFP document
c) Failure to comply with all the requirements of RFP document by a bidder
d) If the financial bid is not submitted in the formats prescribed in the RFP document
e) If any requisite document/ certificate is not in the prescribed format the same shall not
be considered while evaluating the Bids and the same may lead to Bid being declared as
non-responsive.
f) A bid valid for a period of time shorter than prescribed in the RFP document
g) The bid does not contain any pre-condition, assumption or qualification; and
h) It is not non-responsive in terms hereof.
9.5 No Applicant shall submit more than one application. If more than one application is received
from the same Applicant, all such applications shall be summarily rejected.
9.6 HGCL will be at liberty to keep the credentials of the Applicants submitted by them in public
domain and the same may be uploaded by HGCL on its web site. The Applicants shall have no
objection if HGCL uploads/ hosts the information pertaining to their credentials as well as other
information contained in their application.
9.7 HGCL, in its sole discretion and without incurring any obligation or liability, reserves the right,
at any time, to;
(i) Suspend and/or cancel the bidding process and/or amend and/or supplement the process
or modify the dates or other terms and conditions relating thereto;
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(ii) Consult any Applicant in order to receive clarification or further information or
documents;
(iii) Retain any information and/ or evidence submitted to HGCL by, on behalf of, and/ or in
relation to any Applicant; and/or;
(iv) Independently verify, disqualify, reject and/ or accept any and all submissions or other
information and/or evidence submitted by or on behalf of any Applicant.
9.8 HGCL is not bound to reply/ respond to any representation/ letter or request for change in scope
of work, eligibility criteria or any relaxation in conditions. No correspondence will be entertained
on this matter.
9.9 It shall be deemed that by submitting the application, the Applicant agrees and releases HGCL,
its employees, agents and advisers, irrevocably, unconditionally, fully and finally from any and
all liability for claims, losses, damages, costs, expenses or liabilities in any way related to or
arising from the exercise of any rights and/or performance of any obligations hereunder, pursuant
hereto and/or in connection with the bidding process and waives, to the fullest extent permitted
by Applicable Law, any and all rights and/ or claims it may have in this respect, whether actual or
contingent, whether present or in future.
9.10 Verification and Dis-qualification: HGCL reserves the right to verify all statements,
information and documents submitted by the Applicant and the Applicants shall, when so
required by HGCL, make available all such information, evidence and documents as may be
necessary for such verification. Any such verification or lack of such verification, by HGCL shall
not relieve the Applicant of its obligations or liabilities hereunder nor will it affect any rights of
HGCL thereunder.
9.11 The Authority reserves the right and reject any Bid if:
(a) at any time, a material misrepresentation is made or uncovered, or
(b) the Bidder does not provide, within the time specified by the Authority, the supplemental
information sought by the Authority for evaluation of the application/Financial Bid.
9.12 Such misrepresentation/improper response shall lead to disqualification of the Bidder. If such
disqualification/ rejection occurs after the Financial bid have been opened and the lowest bidder
gets disqualified/rejected, then the Authority reserves the right to:
(a) invite the remaining Bidders to re-submit their Financial bid; or
(b) take any such measure as may be deemed fit in the sole discretion of the Authority,
including annulment of the Bidding Process.
9.13To assist in the examination, evaluations and comparison of bids, HGCL may, at its sole
discretion, ask the Bidder for clarification on the Bid submitted. The request for clarification
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shall be in writing by post or email. The response shall be submitted in writing by
registered/speed post or by email duly signed by authorized representative
9.14 Evaluation Criteria:
Bid Evaluation Process
The Selection of the Bidder shall be based on Quality and Cost Based Selection
(QCBS).The proposals submitted by the Bidders will be evaluated by taking the
following stages of evaluation into consideration:
A) Technical Evaluation:
Bidders are required to furnish data with supporting documents on the prescribed format
mentioned for evaluation by HGCL
Table 7
Sl. No. Criteria Max Marks
1
Financial Capacity 10
Average annual turnover over the last five (5) years preceding the
PDD
> INR 100 cr and <= INR 150 cr
> INR 150 cr and <= INR 200 cr
> INR 200 cr
5
8
10
2 Technical Capacity 30
2A
Experience of working in minimum five (5) consultancy projects in
last ten (10) years related to financial / transaction advisory and bid
process management in Transportation sector.
The value of project for which service was rendered to be
greater than INR 500 (five hundred) crore for those executed
in India, and USD 100 million for those executed outside
India.
The projects shall not include IT implementation / Audit
projects.
Transportation sector includes the following – Highways,
Expressways, In-land waterways, Railways, Metro, Ports &
Airports, Multi-modal transportation hubs and bus terminals
only.
For 5 eligible
projects – 5 marks,
5 marks for each
additional eligible
project (Max, 15)
2B
Experience of working in minimum five (5) technical consultancy
projects in last ten (10) years related to preparation or review of
detailed project report (DPR) for Highways / Expressways / Urban
roads.
The total length of the highway / expressway / urban roads
under the project for which technical consultancy was
rendered to be greater than or equal to 100 km.
The value of project for which service was rendered to be
greater than INR 500 (five hundred) crore for those executed
For 5 eligible
projects – 5 marks,
5 marks for each
additional eligible
project (Max, 15)
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Sl. No. Criteria Max Marks
in India, and USD 100 million for those executed outside
India.
Scope of DPR shall include, but not be limited to,
o review of past traffic on project stretch and other
competing routes
o analysing network condition, traffic characteristic,
and level of toll charges
o review/preparation of pavement design
o conducting / reviewing block traffic count and origin
destination survey
o estimating Average Daily Traffic (ADDT) and
forecast including, vehicle type wise traffic counts
split under tollable and non tollable
o Toll revenue estimation along with Operations &
Maintenance cost, Major Maintenance and Repair
cost with respective schedules.
o Tolling strategy
3 Key Personnel 30
3A
Team Leader cum Sector Expert
Post graduate in finance, MBA or Post Graduate in
Transport Planning / Management or equivalent with
minimum 15 years of experience.
Should have worked on minimum 3 eligible projects, where
the personnel proposed has worked in similar capacity of
being a Team leader and Sector Expert on the project
meeting the Qualification Criteria 3 (A) and/or 3 (B) as per
clause 2.6 of this document
8
4 marks for first
3 projects
2 marks for
each
additional
project
3B
Financial Expert
Post graduate in finance, MBA or equivalent with minimum
10 years of experience.
Should have worked on minimum 3 eligible projects, where
the personnel proposed has worked in similar capacity of
being a Financial Expert on the project meeting the
Qualification Criteria 3 (A)
6
3 marks for first 3
projects
1.5 marks for
each additional
project
3C
Technical Expert
B.E and Post Graduate in Transport Planning / Management
or equivalent with minimum 10 years of experience.
Should have worked on minimum 3 eligible projects, where
the personnel proposed has worked in similar capacity of
being a Technical Expert on the project meeting the
Qualification Criteria 3 (B)
6
3 marks for first 3
projects
1.5 marks for
each additional
project
3D
Project Manager (1 nos)
Bachelors in Engineering / CA or equivalent with minimum
6 years of experience as Project Manager on minimum 2
projects involving transaction advisory / bid process
6
3 marks for first
2 projects
1.5 marks for
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Sl. No. Criteria Max Marks
management / DPR preparation / Programme Management
Unit for projects in transportation sector
each additional
project
3E
Legal Expert (1 No.)
Bachelors in law with minimum 8 years of experience as
legal expert on minimum 5 projects involving transaction
advisory / M&A in transportation sector
4 marks
4
Presentation on Approach & Methodology (A&M) for execution of
the assignment. Presentation on the technical proposal on the
overall approach and methodology including appreciation of key
engagement challenges, team deployed, schedule of service, and
other important features including the overall approach and
methodology as deemed necessary by the applicant.
Time and venue of the presentation will be notified to applicants
separately.
30
Technical Presentation
All the eligible bidders, whose bids are found responsive, need to present the entire concept,
methodology and plan for scope of works and their Transaction Management cum Technical
capability to Technical / Bid Evaluation Committee at the designated time and date that will
be intimated to them by HGCL. A hardcopy of the presentation and explanation should be
separately submitted to HGCL. The weightage in the presentation as well as those derived
from above parameters will determine the technical score for financial bid opening.
Technically Eligible Bidders - Minimum score of 70 marks in Technical Evaluation is
required to qualify for financial bid opening
B) Financial Evaluation
The financial bids shall be opened of only those bidders who have been found to be
technically eligible and qualified. The financial bids shall be opened in presence of
representatives of technically eligible bidders, who may like to be present. The HGCL
shall inform the date, place and time for opening of financial bid in due course.
The Financial scores would be normalized on a scale of 100, with lowest score being
normalized to 100 and the rest being awarded on a pro-rata basis. Such normalized scores
would be considered for the purpose of QCBS based evaluation, explained in section
below.
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Final Evaluation of the Bids
The final selection of the bidder will be based on QUALITY AND COST BASED
SELECTION (QCBS).
There will be 70% weightage for Technical Evaluation and 30% weightage for Financial
Evaluation.
The individual bidder‟s financial scores are normalized as per the formula below:
Fn=Fmin/Fb* 100 %( rounded off to 2 decimal places)
Where:
Fn=Normalized financial score for the bidder under consideration
Fb=Absolute financial quote for the bidder under consideration
Fmin= Minimum absolute financial quote
Composite Score (S) = Ts* 0.7 + Fn* 0.3
The bidder with the highest Composite Score(S) would be notified and awarded the
contract.
Notification of Award
The Bidder whose bid has been accepted will be notified of the award of the work and “Letter
of Acceptance” (LOA) will be issued by the Chief General Manager (T), HGCL, prior to
expiration of the Tender validity period.
Acceptance of LOA by the selected bidder will constitute the formation of the Contract.
Upon furnishing by the successful Bidder of Performance Securities and the execution of the
Contract Agreement, the Employer will promptly notify the other bidder that their bids have
been unsuccessful.
10 Performance Bank Guarantee
10.1 The successful bidder up on receipt of LOA, shall be required to furnish and
Unconditional & irrevocable Performance Security in the form of a Performance Bank
Guarantee (PBG) in the in the prescribed format within a period of 15 days. The PBG
shall be for an amount of 10% of its bid value and should be in favour of “Managing
Director, HGCL. The Performance Security shall be valid throughout the period of
contract, which may be extended appropriately such that it remains valid until one year
beyond completion of the contract.
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10.2 The PBG from following banks shall only be accepted:-
a) State Bank of India or its subsidiaries.
b) Any Indian Nationalized Bank.
c) IDBI or ICICI Bank.
d) A Foreign Bank (issued by a branch outside India) with a counter guarantee from
SBI or its subsidiaries or any Indian Nationalized Bank.
e) Any Scheduled Commercial Bank approved by RBI having a net worth of not less
than 500 Crores as per the latest Annual Report of the Bank. In the case of a Foreign
Bank (issued by the branch of India) the net worth in respect of the Indian
operations shall only be taken into account.
10.3 The acceptance of the PBG shall also be subject to the following condition:-
a) The capital adequacy of the Bank shall not be less than the norms prescribed by RBI.
b) The bank guarantee issued by a Cooperative Bank shall not be accepted.
c) The Bank Guarantee shall only be issued in the format prescribed in this RFP
Document.
11. Deliverables and payment terms:
The payment terms and deliverables shall be as follows:
The schedule for completing the Deliverables shall be determined by the maximum number of
weeks from the Acceptance of LOA (the “Key Dates” or “KD”). The time schedule for
important Deliverables of the Consultants or and the payment schedule linked to the specified
Deliverables are given below:
Table 8
Key
Date Description of Deliverables
Week
from LOA
Payment
(%)
KD-1 Inception Report 1 5%
KD-2.
Appraisal report of various technical reports including traffic
studies, pavement design, tolling strategy and others as required
for the project, with projections of traffic, O&M cost and
schedule including routine and MMR expenses.
5 20 %
KD-3.
Financial Analysis / Feasibility report with Financial Model
estimating Initial Estimated Concession Value (IECV) with
proposed Bid Parameter
8 20 %
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KD-4. Finalization & Release of the RFP, technical schedules and other
contractual documents for the Project 10 20 %
KD-5. Bid Process Management, Submission of draft evaluation report
of RFQ, RFP and other bid documents as required for the Project 15 25%
KD-6.
Completion of services detailed in the Scope of Work and
completion of bidding process until signing of concession
agreement.
16 10 %
Total 100 %
12 Conflict of Interest:
12.1 The Applicant has an obligation to disclose any situation of actual or potential conflict
that impacts their capacity to serve the best interest of their Client, or than may
reasonably be perceived as having this effect. The Applicant shall submit a declaration
of abide by this along with their application.
12.2 The Applicant shall be liable for penalty disqualification and blacklisting, if they are
engaged as any legal, financial or technical adviser by the bidders/concessionaire of the
Authority in relation to the Project in any manner for matters related to or incidental to
such Project during the Bidding Process or subsequent to the (i) issue of the LOA or (ii)
execution of the Concession Agreement, within one year of the expiry of the contract. In
the event any such adviser is engaged within one year of the expiry of the contract by the
Selected Bidder or Concessionaire, as the case may be, then notwithstanding anything to
the contrary contained herein or in the LOA or the Concession Agreement and without
prejudice to any other right or remedy of the Authority, including the forfeiture and
appropriation of the Performance Security which the Authority may have there under or
otherwise, the LOA or the Concession Agreement, as the case may be, shall be liable to
be terminated without the Authority being liable in any manner whatsoever to the
Selected Bidder or Concessionaire for the same.
13. Fraud and Corrupt Practices
It is the Employer‟s policy that the Applicants observe the highest standard of ethics during
the selection and execution of such contracts. In pursuance of the policy, the Employer:
(a) Defines, for the purpose of the paragraph, the terms set forth below as follows:
(i) “corrupt practice” means the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence the action of a public official in the
selection process or in contract execution;
(ii) “fraudulent practice” means a misrepresentation or omission of facts in order to
influence a selection process or the execution of a contract;
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(iii) “coercive practice” means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in a procurement process,
or affect the execution of a contract;
(iv) “collusive practice” means a scheme or arrangement between two or more
consultants with or without the knowledge of the Client, designed to establish
prices at artificial, non-competitive levels.
(b) will reject a proposal for award if it determines that the Applicant recommended for award
has, directly or through an agent, engaged in corrupt, fraudulent, coercive or collusive
practices in competing for the contract in question;
(c) will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded
a contract if it at any time determines that the firm has engaged in corrupt or fraudulent
practices in competing for, or in executing, a contract; and
(d) will have the right to require that a provision be included requiring Applicants to permit the
Employer to inspect their accounts and records relating to the performance of the contract
and to have them audited by authorized representatives of Employer.
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PART-II
TERMS OF REFERENCE
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PART II
Terms of Reference for Consultancy Services (TOR)
1. General
1.1 The HGCL has decided to award the Nehru Outer Ring Road Project, Hyderabad on Toll
Operate Transfer (ToT) model to a Concessionaire, and intends to select a Transaction
Advisor cum Technical Consultant for preparation of required documents.
1.2 HGCL will be the Employer / Authority. The standards of output required from the
appointed consultants shall be of international level both in terms of quality and adherence
to the agreed time schedule.
2. OBJECTIVE
2.1 The main objective of the consultancy service is to establish the technical, economical,
and financial viability of the project and prepare project reports for maintenance and/or
rehabilitation of the assets along the ORR.
2.2 The viability of the project shall be established taking into account the requirements with
regard to operation & maintenance, major maintenance works rehabilitation and
improvement based on highway design, pavement design, rehabilitation of existing
structures, road safety features within the ROW of ORR, quantities of various items of
works and cost estimates and financial analysis.
2.3 The Project Report would inter-alia include summary of review observations on the
design report (based on which the execution work was carried out); Detailed inventory of
existing highway, pavement and structural features; Pavement and Structural Condition
survey; Inventory and Condition survey of the existing roadside furniture; Traffic surveys
and analysis; Soil and material investigations; Design of overlay/ rehabilitation strategies;
if needed, improvement of highway design, rehabilitation of structures, safety aspects,
roadside furniture, quantities of various items, detailed working drawings, detailed cost
estimates, financial viability analyses and documents required for tendering the project on
commercial basis for international / local competitive bidding.
2.4 The consultant should ensure detailed project preparation incorporating aspects of value
engineering, quality audit and safety audit requirement in design and implementation.
2.5 The consultant should, along with Feasibility Report, clearly bring out through financial
analysis the viability of the Outer Ring Road to be implemented considering Toll
Operate and Transfer (TOT) mode. The consultant should also give cost estimates along
with feasibility report/ Detailed Project Report.
3. Scope of Services
3.1 The scope of work for the Consultant is as below, to be completed within a period of
sixteen (16) weeks from the start of service.
Assisting Authority in validating the feasibility and viability of the project.
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Assisting the Authority in identifying project risks and recommending how these
risks best be allocated to maximize value for the Authority.
3.2. Estimation of Initial Estimated Concessionaire Value (IECV) for project.
Estimating IECV for the project stretch based on traffic surveys, current and
future level of toll collection, technical forecasts and other projections.
To include, analysis of all relevant financial data e.g – Related to revenues and
information on growth of toll collection and traffic for the concession period. –
Related to all costs including those from the technical forecast for the project
present and future land use and growth prospects – Create a quantitative model to
estimate IECV for the project.
Prepare a project appraisal report that explains the methodology being used and
clearly outline the findings of the quantitative model.
3.3. Creation of bidding documents as per the model bid documents.
Preparation of RFP for the project as per the model documents prepared by the
NHAI and any appropriate Authority. The Consultant shall also be required to
prepare other bidding documents specific to the project after alignment of various
details including bidding process, project details, estimated IECV etc.
Preparation of the Projects specific technical schedules as per the model technical
schedules document prepared by the Authority, NHAI or any appropriate
Authority.
Preparation of the project specific contractual documents as per the model
contractual agreement prepared by the Authority, NHAI or any appropriate
Authority to be signed between the Authority and winning Concessionaire.
Legally vetting all bidding documents prepared.
3.4. Implementation of marketing program to attract potential bidders.
Create appropriate market interest both domestically and globally to ensure
participation of renowned and capable firms to successful implementation of the
project. The Consultant shall under take activities like.
Group presentation covering sectorial and organization overview, model overview,
contractual provisions, risks, opportunities, etc,
Facilitate meeting with relevant government and corporate officials,
Provide support to bidders through the entire bid cycle and any other activity deemed
required by the Authority for successful marketing of the project to potential
applicants.
3. 5. Bidding process implementation.
Assist the Authority in structuring and implementing the bidding process; including
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o Releasing finalized RFP and other bid related documents for a given project.
o Conducting pre-bid conferences for Applicants.
o Addressing queries from the potential Applicants.
o Closely and incorporating safeguard into the bidding process and platform to
ensure the robustness and integrity of the system.
o Implementing the procurement process, assisting with the Letter of
Acceptance (LOA) and signing of the Concession Agreement.
o Providing all other incidental and advisory services until signing of the
Concession Agreement.
3.6. Assisting the Authority separately in validating the Project structuring and documentation
created thereof.
The optimum structure of the concession for the project is critical to ensure
adequate investment size desired by international and domestic bidders including
pension funds, assets management companies, insurance firms, etc.
The Consultant will need to take into account various aspects of the project
including delivery mode of construction, geographical proximity of competing
roads and network road stretches, target investment size of potential
Concessionaires, tax-related issues and design life of assets, etc, while validating the
project documents.
Consultant will also assist the Authority with carrying out necessary modifications
to the project documentation in case project is found unfeasible.
The Consultant will also assist in identifying potential risks including financial,
legal, political and operational with the project as well as recommending how best
to allocate such risks between the Authority and Concessionaire of the project.
3.7. Estimation of Initial Estimated Concessionaire Value for the project
Analysis of financial data.
The Consultant shall, based on available information, analyse the financial data
relating to the project and prepare a revenue and expenditure statement, on
commercial accounting principles for the entire duration of the concession period.
Estimation of revenues
The Consultant shall evaluate the available data conduct the OD based traffic
volumes studies for one week 24x7 at all 19 toll plazas and evaluate the actual
revenue being generated at present and forecast the future toll revenues for duration
of Concession Agreement and information with a view to preparing a reasonable
estimation of the likely revenues of the Concessionaire from the user fees or any
other viable revenue source associated with the Project which is likely to be
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collected, taking into account growth of toll revenue and traffic for the duration of
the Concession Agreement.
Estimation of costs
Technical forecasts, along with the O&M requirements stated in the Concession
Agreement and O&M Manual will indicate the nature and extent of infrastructure,
facilities and services to be provided by the Concessionaire. Including service level
bench marks. The Consultant shall review and comment on the cost estimates
contained in the Technical forecasts. The TA shall ensure that appropriate provisions
have been made for physical and price contingencies, financing costs etc. The
Consultant shall also make a broad assessment of O&M expenses to be incurred by
the Concessionaire during the entire Concession period based on standards and
specifications laid down in the Manual and Service level bench marks / LOS.
• Creation of a quantitative model for IECV estimation
The Consultant shall identify and quantify all costs and revenues associated with
each bundle, and shall prepare cash-flow statements for the concession period. Based
on the above, the Consultant shall prepare a quantitative model which will calculate
the estimated IECV value, taking into account net cash inflow, costs from the
Technical forecasts and other O&M expenditure. This will also take into account
sensitivity analysis in relation to the critical parameters.
3.8. Creation of bidding documents for the project
The Consultant shall assist with the creation of the bidding documents RFP for the Project
as per the model RFP created by the NHAI, or any other appropriate authority taking into
account details including tendering process, project details, IECV, bid and performance
security etc. It will assist with detailing the scope of work, evaluation criteria, resource
requirement, payment terms etc. The Consultant will also help with the creation of Project
specific technical schedules as per the model technical schedules and other contractual
documents as per the model contractual document created by NHAI or any other
appropriate authority that need to signed between the Authority and the winning
Concessionaire.
3.9 Implementation of marketing program to attract potential bidders
The Consultant shall also assist the Authority in engaging with prospective bidders on
different aspects of the project by preparing pitch books, presentations, online/offline
marketing material as may be required.
The Consultant will also assist in setting up a bid query addressal portal/ hotline for
potential bidders, liaising with local government stakeholders in India and provide support to
bidders through the entire bid cycle which also includes follow-up calls/ meetings etc.
3.10. Bidding process implementation
The Consultant shall assist the Authority throughout the bidding process until the signing of
the Concession Agreements. The Consultant will assist the Authority in releasing the
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finalized project specific RFP documents and other bid related documents post necessary
approvals.
The Consultant will also assist the Authority with conducting pre-bid conferences on specific
dates for potential bidders and addressing all bidder related queries.
The Consultant shall assist the Authority in evaluating the submitted proposals and in
engaging with the selected bidder until execution of the Concession Agreement.
3.11. Rendering advisory services
The Consultant shall provide such other advice and assistance as may be necessary and
incidental to the Services and as may be requested by the Authority in respect of the Project,
including but not limited to attending meetings, conferences and discussions with the
Authority, and shall otherwise advise on and assist the Authority on the diverse commercial
issues that may arise from time to time. The Consultant shall be responsible primarily for
providing advice relating to financial issues arising from or during the course of the
procurement process and the documents relating thereto.
3.12. Consultant shall prepare the inventory of project assets like Highway details (MCW
/SRs) structures details (VUPs, PUPs, MIB, MNBs, CD works, RoBs, etc,), signages,
TMS equipments and HTMS equipments and TCC & Sub-TCC, Electrical installation
such as street lights, transformers, High Masts, Generators, Greenery, Borewells, Drip
Irrigation system, Sumps and other ORR assets within the ROW, using Network Survey
Vehicle (NSV)and any other equipment required for this work.
3.13 Utility ducts and permission charges of Utilities
The Consultant shall evaluate the expected revenue generated by way of permissions to
utility agencies for utilizing the utility ducts and utility corridor available in the project
stretch.
3.14 The general scope of services is given in the sections that follow. However, the entire
scope of services would, inter-alia, include the items mentioned in the Letter of
Invitation and the TOR. The Consultant will also make suitable proposals for
improvement of the existing road and strengthening of pavement, as required at the
appropriate time to maintain the level of service over the concession period. The
Consultants shall prepare documents for TOT mode contracts.
3.15 The consultant is required to collect and validate the GAD‟s/Designs of all the
structures falling on the project stretch.
3.16 The Consultant shall prepare all the technical and maintenance schedules required for
ToT contracts.
3.17 In case of any specific requirements like failure study of road embankment; additional
geo-technical investigations and analysis shall be taken up in consultation with HGCL.
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3.18 Consultant shall be responsible for sharing the findings from the preparation stages
during the bid process. During the bid process for a project, the consultant shall
support the authority in responding to all technical queries, and shall ensure
participation of senior team members of the consultant during all interaction with
potential bidders, including pre-bid conference, meetings, site visits etc. In addition,
the consultant shall also support preparation of detailed responses to the written
queries raised by the bidders.
3.19 For the sake of uniformity of report preparation by different Consultants, HGCL
may ask Consultants to prepare feasibility report as per particular strategy/
methodology.
4. GENERAL
4.1 Primary Tasks
General Scope of Services shall cover but be not limited to the following major tasks:
a) review of all available reports and published information about the project road and
the project influence area;
b) Detailed reconnaissance;
c) traffic studies including traffic surveys and Axle load survey and demand
forecasting;
d) Inventory and condition surveys for road and highway assets;
e) Inventory and condition surveys for bridges / VUPs/ PUPs/ Cross-drainage
structures, other Structures, river training/Protection works and drainage
provisions;
f) Pavement investigations;
g) Sub-grade characteristics and strength: investigation of required sub-grade and sub-
soil characteristics and strength for road and embankment design and sub soil
investigation.
h) Identification of sources of construction materials;
i) Provide all inputs required for Financial analysis;
4.2 Interchanges
The Consultant shall identify the product mix and wayside amenities that are basically
required for the road users like fuel stations, trauma care facilities, wash rooms, food courts,
rest places, amusement, shopping and locating these facilities with in the Interchanges land
pockets available. While identifying and planning the product mix and wayside amenities
within interchanges care should be taken to avoid any conflict of traffic movement and
congestion.
4.3 The following scope is categorically excluded from scope of Services of Consultant unless
otherwise specified elsewhere in this document:
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a) Land Acquisition (Land details should be marked on the ground)
b) Environmental Clearance
c) Wildlife Clearance
d) Forest Clearance
e) Social Impact Assessment
4.4 Standards and Codes of Practices
1. All activities related to field studies, design and documentation shall be done as per the
latest guidelines/ circulars of MoRT&H and relevant publications of the Indian Roads
Congress (IRC) and Bureau of Indian Standards (BIS). For aspects not covered by IRC
and BIS, international standards practices, may be adopted. The Consultants, upon award
of the Contract, may finalize this in consultation with HGCL and reflect the same in the
inception report.
2. All notations, abbreviations and symbols used in the reports, documents and drawings
shall be as per IRC: 71.
4.5 Quality Assurance Plan (QAP)
1. The Consultants should have detailed Quality Assurance Plan (QAP) for all field studies
including traffic surveys, engineering surveys. The quality assurance plans/procedures for
different field studies, engineering surveys and documentation activities should be
presented as separate sections like engineering surveys and, traffic surveys, road and
pavement investigations, & structures, economic & financial analysis, drawings and
documentation, preparation, checking, approval and, identification and tractability of
project documents etc. Further, additional information as per format shall be furnished
regarding the details of personal, who shall be responsible for carrying out/preparing and
checking/verifying various activities forming part of feasibility study and project
preparation, since inception to the completion of work. The detailed Draft QAP Document
must be discussed and finalised with the concerned HGCL officers immediately upon the
award of the Contract and submitted as part of the inception report.
2. It is imperative that the QAP is approved by HGCL before the Consultants start the field
work.
4.6 Review of Data and Documents
1. The Consultants shall collect the available data and information relevant for the Study. The
data and documents of major interest shall include, but not be limited to, the following:
a. Project Report based on which the execution work was carried out;
b. As-Built drawings of the executed works
c. Road inventory
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d. Road condition, year of original construction, year and type of major
maintenance/rehabilitation works(maintenance history);
e. Condition of bridges and cross-drainage structures;
f. Sub-surface and geo-technical data for existing bridges;
g. Hydrological data, drawings and details of existing bridges;
h. Existing geological maps, catchment area maps, contour plans etc. for the project
area
i. Condition of existing river bank / protection works, if any.
j. Details of sanctioned / on-going works on the stretch sanctioned by HGCL/other
agencies for Tie-in purposes
k. Survey and evaluation of locally available construction materials;
l. Historical data on classified traffic volume (preferably for 5 years or more);
m. Origin-destination and commodity movement characteristics; if available
n. Speed and delay characteristics; if available;
o. Commodity-wise traffic volume; if available;
p. Accident statistics for identification of potential black spots; and,
q. Vehicle loading behaviour (axle load spectrum), if available.
r. Type and location of existing utility services (e.g. Fibre Optical Cable, O/H and U/G
Electric, Telephone line, Water mains, Sewer, Trees etc.)
2. The Consultants shall prepare a summary of the observations based on the review of the
various design reports and other necessary documents including the remedial measures of
identified Black Spot along the Project Corridor.
4.7 Traffic Surveys
All traffic surveys and studies will be completed in feasibility studies.
Traffic surveys shall be done for 7 continues days at all the Exits / Entries for all the
interchanges. The accuracy levels for the traffic surveys with respective to vehicle count,
vehicle classification and Origin and Destination shall be equal to or greater than 95%.
4.7.1. Number and Location of Survey Stations
1. Type of Toll Lanes showing Entry / Exit lanes under implementation are as under.
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Table 9
Interchange Number of Manual
and T&G lanes
Lane Configuration
Number of Hybrid
(Manual & T&G,RFID)
lanes
Number Hybrid
(T&G,RFID) lanes
Total
No. Name Entry Exit Total Entry Exit Total Entry Exit Total
1 Kokapet 2 2 4 2 2 4 8
2 Idulnagalapalli 2 2 4 2 2 4 8
3 Patancheru 3 5 8 1 1 1 2 3 12
4 Sultanpur 2 2 4 2 2 4 8
5 Saragudem 2 3 5 1 1 2 7
6 Medchal 4 5 9 1 1 1 1 2 12
7 Shamirpet 4 5 9 1 1 1 1 2 12
8 Keesara 2 2 4 2 2 4 8
9 Ghatkesar 4 6 10 1 1 2 12
10 Taramatipet 2 2 4 2 2 4 8
11 PeddaAmberpet 3 5 8 1 1 2 1 1 2 12
12 Bongulur 2 3 5 1 1 2 7
13 Ravirayal 2 2 4 2 2 4 8
14 Tukkuguda 2 2 4 2 2 4 8
15 Pedda Golconda 2 2 4 2 2 4 8
16 Shamshabad 4 6 10 2 3 5 15
17
Rajandranagar-1 1 1 2 1 1 2 4
Rajandranagar-2 1
1 2 1
1
2
4
18 TSPA 2 2 4 8
19 Nanakramguda 3 5 8 1 2 3 1 2 3 12
49 63
112
25 26
51
8 10
18 181
TOTAL 112
51
18
4.7.2. Classified Traffic Volume Count Survey
1. The classified traffic volume count surveys shall be carried out for 7 days (continuous,
direction-wise) at the selected survey stations. The vehicle classification system as given
below may be followed.
Table 10
Sl.No. Tollable Traffic
1 Car / Jeep / Van/ LMV
2 LCV / Mini Bus
3 Bus / 2-Axle Truck
4 3-Axle Truck
5 HCM / EME / 4,5,6-Axle Vehicles
6 7 or More Axle Vehicles
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2. All results shall be presented in tabular and graphical form. The survey data shall be
analyzed to bring out the hourly and daily variations. The traffic volume count per day
shall be averaged to show a weekly average daily traffic (ADT) by vehicle type. The
annual average daily traffic (AADT) shall be worked out by applying seasonal factors.
3. The consultant shall compile the relevant traffic volume data from secondary sources
also. The salient features of traffic volume characteristics shall be brought out and
variations if any, from the traffic census carried out by the Authority shall be suitably
explained.
4.7.3. Origin-Destination and Commodity Movements Surveys
a) The consultants shall carry out 1-day (24 hour, both directions) O-D and commodity
movement surveys at locations finalized in consultation with HGCL. The road side
interviews shall be on random sample basis and cover all four-wheeled vehicles. The
location of the O-D survey and commodity movement surveys shall normally be same as
for the classified traffic count.
b) The location of origin and destination zones shall be determined in relation to each
individual station.
c) The trip matrices shall be worked out for each vehicle type; information on weight for
trucks should be summed up by commodity type and the results tabulated, giving total
weight and average weight per truck for the various commodity types. The sample size for
each vehicle type shall be indicated on the table and also in the graphical representations.
a. The data derived from surveys shall also be analyzed to bring out the lead and load
characteristics and desire line diagrams.
d) The distribution of lead and load obtained from the surveys should be compared. The axle
load surveys shall normally be done using axle load pads or other sophisticated
instruments. The location(s) of count station(s) and the survey with those derived from the
axle load studies.
e) The commodity movement data should be duly taken into consideration while making the
traffic demand estimates.
4.7.4. Axle Load Surveys
1. Axle load surveys in both directions shall be carried out at suitable location(s) in the
project road stretch on a random sample basis normally for commercial vehicle having
laden weight more than 3T only (both empty and loaded trucks) for 2 normal days - (24
hours) at special count stations to be finalized in consultation with HGCL. However, a
few buses may be weighed in order to get an idea about their loading behavior. While
selecting the location(s) of axle load survey station(s), the locations of existing bridges
with load restrictions, if any, should be taken into account and such sites should be
avoided.
2. Axle load surveys shall normally be done using axle load pads or other sophisticated
instruments. The location(s) of count station(s) and the survey methodology including the
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data formats and the instrument type to be used shall be finalized before taking up the
axle load surveys
3. The axle load data should be collected axle configuration-wise. The number of equivalent
standard axles per truck shall be calculated on the basis of results obtained. The results of
the survey should bring out the VDF for each truck type (axle configuration, if the
calculated VDF is found to be below the national average, then national average shall be
used. Furthermore, the data from axle load surveys should be analyzed to bring out the
Gross Vehicle Weight (GVW) and Single Axle Load (SAL) Distributions by truck type
(axle configuration).
4. The Consultant shall ascertain from local enquiries about the exceptional live loads that
have used the highway in the past in order to assess the suitability of existing bridges to
carry such loads.
4.7.5. Traffic Demand Estimates
1. The consultants shall make traffic demand estimates and establish possible traffic growth
rates in respect of all categories of vehicles, taking into account the past trends, annual
population and real per capita growth rate, elasticity of transport demand in relation to
income and estimated annual production increase. The other aspects including socio-
economic development plans and the land use patterns of the region having impact on the
traffic growth, the projections of vehicle manufacturing industry in the country,
development plans for the other modes of transport, O-D and commodity movement
behaviour should also be taken into account while working out the traffic demand
estimates.
2. The values of elasticity of transport demand shall be based on the prevailing practices in
the country. The Consultants shall give complete background including references for
selecting the value of transport demand elasticity.
3. The demand estimates shall be done assuming three scenarios, namely, optimistic,
pessimistic and most likely traffic growth. The growth factors shall be worked out for
five-yearly intervals.
4. Traffic projections should be based on sound and proven forecasting techniques. In case
traffic demand estimated is to be made on the basis of a model, the application of the
model in the similar situation with the validation of the results should be established. The
traffic projections should also bring out the possible impact of implementation of any
competing facility in the near future. The demand estimates should also take into account
the freight and passenger traffic along the major corridors that may interconnect with the
project. Impact of toll charges on the traffic estimates should be estimated.
5. The methodology for traffic demand estimates described in the preceding paragraphs is
for normal traffic only. In addition to the estimates for normal traffic, the Consultants
shall also work out the estimates for generated, induced and diverted traffic.
6. The traffic forecasts shall also be made for both diverted and generated traffic.
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7. Overall traffic forecast thus made shall form the basis for the design of each pavement
type and other facilities/ancillary works.
4.8 Engineering Surveys and Investigations
4.8.1. Reconnaissance
1. The primary tasks to be accomplished during the reconnaissance surveys include;
a. topographical features of the area;
b. typical physical features along the existing alignment within and outside ROW
i.e. land use Pattern;
c. preliminary identification of improvement requirements including treatments
and measures needed for the cross-roads;
d. traffic pattern and preliminary identification of traffic homogenous links;
e. sections through congested areas;
f. inventory of major aspects including land width, terrain, pavement type,
carriageway type, bridges and structures (type, size and location), intersections(type,
cross-road category, location) urban areas (location, extent), geologically sensitive
areas, environmental features:
g. critical areas requiring detailed investigations; and,
h. Requirements for carrying out supplementary investigations.
i. soil (textural classifications) and drainage conditions
j. Typical physical features along the approach roads
2. The data derived from the reconnaissance surveys are normally utilized for planning and
programming the detailed surveys and investigations. All field studies including the traffic
surveys should be taken up on the basis of information derived from the reconnaissance
surveys.
3. The data and information obtained from the reconnaissance surveys should be documented.
The data analysis and the recommendations concerning alignment and the field studies
should be included in the Inception Report. The data obtained from the reconnaissance
surveys should form the core of the database which would be supplemented and augmented
using the data obtained from detailed field studies and investigations.
4. The data obtained from the reconnaissance surveys should be compiled in the tabular as
well as graphical (chart) form indicating the major physical features for HGCL comments.
The data and the charts should also accompany the rationale for the selection of traffic survey
stations.
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4.8.2. Topographic Surveys:
i. Topographic Surveys along the Existing Right of Way (ROW): Carrying out
topographic survey long the existing road, wherever required and properly referencing
the same with reference pillars fixed on either side of the centre-line at safe places
within the ROW.
ii. Collection/ Extraction of details for all features such as structures (bridges, culverts
etc.) utilities, existing roads, electric and telephone installations (both O/H as well as
underground), huts, buildings, fencing and trees (with girth greater than 0.3metre) oil
and gas lines etc. falling within the extent of survey.
iii. The width of survey corridor will generally be as given under:
The width of the survey corridor should take into account the layout of the existing
alignment including the extent of embankment and cut slopes and the general ground
profile. The RoW of the project corridor is provided with 75m from Gachibowli to
Nanakramguda (2.30Km), 125m from Nanakramguda to Shamshabad (19.0Km) and
150m for rest of the alignment. At interchange locations the RoW is as per the design
of Interchanges and relevant drawings are available with HGCL. of While carrying out
the field surveys, the topographic surveys should cover sufficient width beyond the
centre line of the carriageway. Normally the surveys should extend a minimum of 30 m
beyond either side of the centre line of the carriageway or land boundary whichever is
more.
4.8.3. Road and Pavement Investigations
The Consultants shall carry out detailed filed studies in respect of road and pavement. The
data collected through road inventory and pavement investigations should be sufficient to
meet the input requirement of HDM-IV.
4.8.3.1 Road Inventory Surveys
1. Detailed road inventory surveys shall be carried out to collect details of all existing
road and pavement features along the existing road sections. The details shall be
collected using Network Survey Vehicle (NSV) along the photograph and co-
ordinates from handheld GPS instrument. The inventory data shall include but not
limited to the following:
a. Terrain (flat, rolling, mountainous);
b. Land-use ( agricultural, commercial, forest, residential etc ) @ every
kilometer;
c. Carriageway width, surfacing type @ every 2000m and every change of
feature whichever is earlier;
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d. Shoulder surfacing type and width @ every 2000m and every change of feature
whichever is earlier;
e. Inventory, Condition and Adequacy of Highway Assets/ Roadside Furniture
including Road signs and signals; Kilo-meter signage; Guard rails; Crash
barriers; Delineators; Guide Posts; Road Markings etc. (along with GPS co-
ordinates and photographs at each location)
f. Sub-grade / local soil type (textural classification) @ every 2000m and every
change of feature whichever is earlier;
g. Horizontal curve; vertical curve
h. Road intersection type and details, at every occurrence;
i. Retaining structures and details, at every occurrence;
j. Location of water bodies (lakes and reservoirs), at every occurrence;
k. Height of embankment or depth of cut @ every 2000m and every change of
feature whichever is earlier.
l. Land width i.e. ROW
m. Culverts, bridges and other structures (type, size, span arrangement and
location)
n. Roadside arboriculture
o. Existing utility services on either side within ROW.
p. General drainage conditions
q. Design speed of existing road
2. The data should be collected in sufficient detail. The data should be compiled and
presented in tabular as well as graphical form. The inventory data would be stored
in computer files using simple utility packages, such as EXCEL.
4.8.3.2 Pavement Investigation
1. Pavement Composition
i. The data concerning the pavement composition may be already available
with the Authority. However, the consultants shall make trial pits to
ascertain the pavement composition. The test pit interval will be as per Para
4 below.
ii. For each test pit, the following information shall be recorded:
test pit reference (Identification number, location):
pavement composition (material type and thickness); and
subgrade type (textural classification) and condition (dry, wet)
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2. Road and Pavement Condition Surveys
i. Detailed field studies shall be carried out to collect road and pavement surface
conditions. The data should generally cover:
pavement condition (surface distress type and extent);
shoulder condition;
embankment condition; and
drainage condition
Pavement Condition
As per distress Manual.
Shoulder Condition
Paved: Same as for pavement
Unpaved: material loss, rut depth and corrugation,
Edge drop, mm.
Embankment Condition
general condition; and
extent of slope erosion
i. The objective of the road and pavement condition surveys shall be to identify
defects and sections with similar characteristics. All defects shall be
systematically referenced, recorded and quantified for the purpose of determining
the mode of rehabilitation.
ii. The pavement condition surveys shall be carried out using visual means or by use
of advanced laser profilometer and image processing software; Supplemented by
actual measurements and in accordance with the widely accepted methodology
(AASHTO, IRC, OECD, TRL and World Bank Publications) adapted to meet the
study requirements. The measurement of rut depth would be made using standard
straight edges or other advanced instrumentation technique.
iii. The shoulder and embankment conditions shall be evaluated by visual means and
the existence of distress modes (cuts, erosion marks, failure, drops) and extent
(none, moderate, frequent and very frequent) of such distress manifestations
would be recorded.
iv. For sections with severe distresses, additional investigations as appropriate shall
be carried out to determine the cause of such distresses.
Drainage Condition
General condition
Connectivity of drainage turnouts into the natural topography
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Condition in cut sections
Condition at high embankments
The data obtained from the condition surveys should be analysed and the road segments
of more or less equal performance may be identified using the criteria given in IRC: 115-
2014.
3. Pavement Roughness
i. The roughness surveys shall be carried out using Advanced Laser profilometer or
similar instrument. The methodology for the surveys shall be as per the widely
used standard practices. The calibration of the instrument shall be done as per the
procedure given in the World Bank‟s Technical Publications and duly got
authenticated by established laboratory/institution acceptable to the client
ii. The results of the survey shall be expressed in terms of BI and IRI and shall be
presented in tabular and graphical forms. The processed data shall be analysed
using the cumulative difference approach to identify road segments homogenous
with respect to surface roughness.
4. Pavement Structural Strength
i. The Consultants shall carry out structural strength surveys for existing pavements
using Falling Weight Deflectometer technique in accordance with the procedure
given in IRC:115-2014 (“Guidelines for Structural Evaluation and Strengthening of
Flexible Road Pavements Using Falling Weight Deflectometer (FWD)
Technique”).
ii. Test pits shall be dug at every 5km to obtain pavement composition details
(pavement course, material type and thickness). After removal of the bituminous
layers, The sequence of events for each trial pit will be as follows:
DCP test conducted on the exposed base ;
Number of layers encountered
Description of each layer materials
Layer Thicknesses
DCP test conducted on the subgrade ;
iii. Full Depth bituminous layer cores to be taken at suitable interval scattered on the
inner lanes and outer lanes (in case of multi-lane divided or undivided
carriageway). The cores are examined for:
Crack Width and Depth ;
Type of layers and thickness;
Laboratory Testing shall cover but be not limited to:
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a) Density of the core
b) Determining the Resilient Modulus of Bituminous Mixtures by
Indirect Tension Test
c) Maximum Specific Gravity (Gmm)
d) Bitumen Extraction
e) Viscosity of the extracted bitumen (for 20% length)
f) Gradation of Aggregates
iv. The interval at which deflection measurements are to be taken up are as per
IRC:115-2014. The sample size and the interval of the data to be collected depends
on the length of the uniform section calculated and condition of the pavement
section i.e „good‟, „fair‟ and „poor‟ for each lane, established on the pavement
condition data based on the criterion given in IRC:115-2014.
v. Falling Weight Deflectometer (FWD) surveys may not be carried out for severely
distressed sections of the road warranting reconstruction. The consultants,
immediately upon the award of the contract, shall submit to HGCL the scheme
describing the testing schedule including the interval. The testing scheme shall be
supported by data from detailed reconnaissance surveys.
4.8.3.3 Subgrade Characteristics and Strength
1. Based on the data derived from condition (surface condition, roughness) and
structural strength surveys, the project road section should be divided into
segments homogenous with respect to pavement condition and strength. The
delineation of segments homogenous with respect to roughness and strength should
be done using the cumulative difference approach (AASHTO, 1993).
2. The data on soil classification and mechanical characteristics for soils along the
existing alignments may already be available with the Authority. The testing
scheme is, therefore, proposed as given under:
The Consultants shall test at least three sub-grade soil samples for each
homogenous road segment or three samples for each soil type encountered,
whichever is more.
3. The testing for subgrade soil shall include:
a. in-situ density and moisture content at each test pit
b. Field CBR using DCP at each test pit
c. Characterization (grain size and Atterberg limits) at each test pit and,
d. Laboratory moisture-density characteristics (modified AASHTO compaction);
e. Laboratory CBR (unsoaked and 4-day soak compacted at three energy
levels) and swell.
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4. For problematic soils, the testing shall be more rigorous. The characteristics with
regard to permeability and consolidation shall also be determined for these soils.
The frequency of sampling and testing of these soils shall be finalised in
consultation with the HGCL officers after the problematic soil types are identified
along the road sections.
5. The laboratory for testing of material should be got approved from HGCL before
start of work.
4.8.4. Investigations for Bridges and Structure
4.8.4.1. Inventory of Bridges, Culverts and Structures
The Consultants shall make an inventory of all the structures (bridges, viaducts,
ROBs/RUB and other grade separated structures, culverts, etc.) along the road
under the project. The inventory for the bridges, viaducts and ROBs shall include
the parameters required as per the guidelines of IRC-SP:35. The inventory of
culverts shall be presented in a tabular form covering relevant physical and
hydraulic parameters.
4.8.4.2. Condition Surveys for Bridges, Culverts and Structures
1. The Consultants shall thoroughly inspect the existing structures and shall prepare a
report about their condition including all the parameters given in the Inspection
pro-forma of IRC-SP; 35. The condition and structural assessment survey of the
bridges / culverts / structures shall be carried out by senior experts of the
Consultants with the use of Mobile Bridge Inspection unit (MBIU).
2. For the bridges identified to be in a distressed condition based upon the visual
condition survey, supplementary testing shall be carried out as per IRC- SP:35 and
IRC-SP:40. Selection of tests may be made based on the specific requirement of
the structure.
3. The assessment of the load carrying capacity or rating of existing bridges shall be
carried out under one or more of the following scenarios:
a) when the design live load is less than that of the statutory commercial
vehicle plying or likely to ply on bridge;
b) if during the condition assessment survey and supplementary testing the
bridge is found to indicate distress of serious nature leading to doubt about
structural and / or functional adequacy, and
c) Design live load is not known nor are the records and drawings available.
4. Consultant shall carryout necessary surveys and investigations to establish the
remaining service life of each retainable bridge or structure with and without the
proposed strengthening and rehabilitation according to acceptable international
practice in this regard.
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4.8.5. Material Investigations
1. The Consultants shall identify sources of construction materials, quarry sites, sand
source and borrow areas to undertake laboratory testing to determine their
suitability for various components of the work and establish quality and quantity
of various construction materials and recommend their use on the basis of techno-
economic principles. The Consultants shall prepare mass haul diagram for haulage
purposes giving quarry charts indicating the location of selected borrow areas,
quarries and the respective estimated quantities.
“Environment friendly materials”
“As per MORTH circular No. RW /NH-33044/53/2013-S&R(R) dated 20th
November, 2013, alternative pavement materials and technologies for road
construction shall be assessed and compared in the design stage. The alternative
resulting in substantial reduction in GHG emission and with least life cycle cost
shall be recommended for implementation.
Technical and economic feasibility of using industrial byproducts, recyclable and
waste materials shall be assessed depending on their availability in the concerned
region.
2. It is to be ensured that no material shall be used from the right-of-way except by
way of leveling the ground as required from the construction point of view, or for
landscaping and planting of trees etc. or from the cutting of existing ground for
obtaining the required formation levels.
3. Environmental restrictions, if any, and feasibility of availability of these sites to
prospective civil works contractors, should be duly taken into account while
selecting new quarry locations.
4. The Consultants shall make suitable recommendations regarding making good the
borrow and quarry areas after the exploitation of materials for construction of
works.
5. The Material Investigation aspect shall include preparation and testing of
bituminous mixes for various layers and concrete mixes of different design mix
grades using suitable materials (binders, aggregates, sand filler etc.) as identified
during Material Investigation to conform to latest MoRT&H specification.
4.9 Detailed Design of Road and Pavements, Bridges, Structures
4.9.1. Pavement Design
1. The detailed design of pavement shall involve:
i. strengthening of existing road pavement in the form of overlay/
rehabilitation (after milling of the existing bituminous layers)
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ii. design of shoulders.
2. The design of pavement shall primarily be based on IRC publications.
3. The design of pavement shall be rigorous and shall make use of the latest Indian and
International practices.
4. For the design of overlays for the existing pavement, the strengthening requirement
shall duly take into account the strength of the existing pavement vis- à-vis the
remaining life. The overlay thickness requirements shall be worked out for each
road segment homogenous with respect to condition, strength and sub- grade
characteristics. For existing pavement with acceptable levels of cracking, provision
of a crack inhibiting layer should also be included.
5. Latest techniques of pavement strengthening like provision of geo-synthetics and
cold/hot pavement recycling, micro-surfacing, other surface treatments should be
duly considered by the consultant for achieving economy.
6. The paved shoulders shall be designed as integral part of the pavement for the main
carriageway. The design requirements for the carriageway pavement shall,
therefore, be applicable for the design of shoulder pavements. The design of
granular shoulder should take into account the drainage considerations besides the
structural requirements.
7. From the existing pavement composition and layer moduli, the remaining life of the
existing pavement structure can be calculated. Difference between the Design Life
of the new pavement structure and the Remaining life of the existing structure will
result in the overlay required.
8. The pavement design task shall also cover working out the maintenance and
strengthening requirements and periodicity and timing of such treatments.
4.9.2. Design of Repair & Rehabilitation of Bridges and Structures
1. Dismantling/ reconstruction of existing structures shall be avoided as far as
possible except where considered essential in view of their poor structural
conditions/ inadequacy of the provisions etc.
2. Suitable repair / rehabilitation measures shall be suggested in respect of the
existing structures as per IRC-SP: 40 along with their specifications, drawings
and cost estimate in the form of a report. The rehabilitation or reconstruction of
the structures shall be suggested based on broad guidelines for rehabilitation and
strengthening of existing bridges contained in IRC-SP: 35 and IRC-SP: 40.
4.9.3. Traffic Safety Features, Road Furniture and Road Markings
The Consultants shall design suitable traffic safety features and road furniture
including traffic signals, signs, markings, overhead sign boards, crash barriers,
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delineators etc. The locations of these features shall be given in the reports and also
shown in the drawings. The standard ATMS provisions as contained in NHAI
Policy circular-Technical(214/2016) dt.15.09.2016 shall be incorporated.
4.9.4. Estimation of Quantities and Project Costs
1. The Consultants shall prepare detailed estimates for quantities (considering
designs and mass haul diagram) and project cost for the entire project (civil
packages wise), based on MoRT&H‟s Standard Data Book and market rate for
the inputs. The estimation of quantities shall be based on detailed design of
various components of the projects. The estimation of quantities and costs would
have to be worked out separately for civil work Package as defined in this TOR.
2. The Consultants shall make detailed analysis for computing the unit rates for the
different items of works. The unit rate analysis shall duly take into account the
various inputs and their basic rates, suggested location of plants and respective
lead distances for mechanized construction. The unit rate for each item of works
shall be worked out in terms of manpower, machinery and materials.
3. The project cost estimates so prepared for NHAI /ADB/WB projects are to be
checked against rates for similar on-going works in India under NHAI / World
Bank/ ADB financed road sector projects.
4.9.5. Economic Analysis
1. The Consultants shall carry out economic analysis for the project. The analysis
should be for each of the sections covered under this TOR. The benefit and cost
streams should be worked out for the project using HDM-IV or other
internationally recognized life-cycle costing model. The analysis should cover the
different overlay thickness/milling thickness of pavement for 30 years.
2. The economic analysis shall take into account all on-going and future road and
transport infrastructure projects and future development plans in the project area.
4.9.6. Time period for the service
1. Time period envisaged for the study of the project is indicated. The final reports,
drawings and documentation shall be completed within this time schedule.
2. HGCL shall arrange to give approval on all sketches, drawings, reports and
recommendations and other matters and proposals submitted for decision by the
Consultant in such reasonable time so as not to delay or disrupt the performance
of the Consultant‟s services.
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PART-III
FORMATS FOR BID SUBMISSION
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PROFORMA FOR SUBMITTING WRITTEN QUERIES
(To be submitted in doc/editable format only at the given email address)
Sub.
:
Providing Transaction Advisor cum Technical Consultant Services for Nehru Outer
Ring Road Project under consideration to award on Toll Operate Transfer (TOT)
model at Hyderabad
Ref:
RFP No.
<>
dated dd/mm/yyyy on above subject.
Name of Company: ______________________________,
Name of Person_____________________ Contact No.
_______________________, line Email Id:
__________________________________
S. Page no. of Clause RFP Statement Query Remarks
No. RFP
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Form T-1: Covering Letter
(To be prepared on letterhead of the Applicant)
To
The Chief General Manager (T),
HGCL
Subject: Providing Transaction Advisor cum Technical Consultant Services for Nehru
Outer Ring Road Project under consideration to award on Toll Operate
Transfer (TOT) model at Hyderabad
Ref. No RFP. No. <> dated <>
Dear Sir,
1. I/We, the undersigned, have carefully examined the contents of the document including
amendments/ addendums (if any) thereof and undertake to fully comply and abide by the terms and
conditions specified therein and hereby submit our application. Our application is unconditional and
unqualified.
2. I/We undertake that, in competing for (and, if the award is made to us), for executing the
above contract, we will strictly observe the laws against fraud and corruption in force in India
namely
“Prevention of Corruption Act 1988”.
3. I/We understand that:
(a) this application, if found incomplete in any respect and/ or if found with conditional
compliance or not accompanied with the requisite application fee and/ or prescribed supporting
document shall be summarily rejected.
(b) if at any time, any averments made or information furnished as part of this application is
found incorrect, then the application will be rejected.
(c) HGCL is not bound to accept any/ all application(s) it receives.
4. I/We declare that:
(a) I/We have not been declared ineligible by NHAI or Ministry of Road Transport &
Highways, Government of India or any other agency for indulging in corrupt or fraudulent practices.
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I/We also confirm that I/We have not been declared as non-performing or debarred by HGCL or
Ministry of Road Transport & Highways, Government of India.
(b) I/We haven’t been blacklisted by a Central/ State Government institution/ Public Sector
Undertaking/ Autonomous body and there has been no litigation with any Government
Department/ PSU/ Autonomous body on account of similar services.
(c) I/We have not directly or indirectly or through an agent engaged or indulged in any
corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive
practice, as defined in the request for proposal issued by or any Contract entered into with HGCL or
any other Public Sector Enterprise or any Government, Central or State; and I/We hereby certify that
we have taken steps to ensure that, no person acting for us or on our behalf has engaged or will
engage in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice.
5. I/We certify that:
(a) I/We have not been convicted by a Court of Law or indicted or adverse orders passed by a
regulatory authority which could cast a doubt on our ability to undertake the subject work or which
relates to a grave offence that outrages the moral sense of the community.
(b) Neither the Applicant Company nor any of its Directors are the subject of criminal or civil
proceedings that could be expected to adversely affect its business or its ability to bid in the present
tender.
(c) No investigation by a regulatory authority is pending either against us or against our CEO or
any of our Directors and Managers.
(d) The information provided in this application is true, accurate and complete to the best of my
knowledge and belief. Nothing has been omitted which renders such information misleading; and all
documents accompanying my/our application are true copies of their respective originals. I/We shall
be liable for disqualification or termination of contract at any stage, if any information/ declaration
is found to be incorrect or false. I/We will intimate HGCL promptly in case of any change in the
information submitted as part of this application.
(e) I/We offer the cost of bid document in accordance with RFP
Name ………………….
Designation/ Title of the Authorized Signatory…………………………
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Form T-2: Brief Information about the Applicant(s)
(To be prepared on letterhead of the Applicant)
Subject: Providing Transaction Advisor cum Technical Consultant Services for Nehru
Outer Ring Road Project under consideration to award on Toll Operate Transfer (TOT)
model at Hyderabad- Request for Proposal (RFP).
Ref. No. RFP. No. <> Dated <>
1. (a)Name of Applicant:
(b) Year of establishment:
(c) Registered Address:
(d) Constitution of the Applicant entity e.g. Government enterprise, private limited
company, limited company, etc.
(e) In case of a Government enterprise, please indicate as to whether legally and
financially autonomous and operate under commercial law.
(f) Name(s) of Directors/
……………………………………..
……………………………………..
……………………………………..
2. Address for correspondence with Telephone/ Fax numbers/ e-mail address:
(a) Complete postal address:
(b) Fixed telephone number
(c) Mobile number
(d) E-mail address
3. Name & Address of the principal banker:
(a) Bank A/c Number ………………………………
(b) Branch Address ………………………………
(c) IFSC /MICR Code: ………………………………
4. Name of the Statutory Auditor/ Company Secretary/ Chartered Accountant certifying the
documents along with his/ her Membership number, if applicable:
Name ………………….
Designation/ Title of the Authorized Signatory…………………………
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Form T-3: Format for Power of Attorney
Know all men by these presents, we, ......................................... (Name of Company and
address of the registered office) do hereby constitute, nominate, appoint and authorize Mr /
Ms......................
.................. son/daughter/ wife of……………………………….. and presently
residing at
...........................
............. , who is presently employed with us and holding the position of
.................... as our true and lawful attorney (hereinafter referred to as the “Authorized Signatory
or Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are necessary
or required in connection with or incidental to submission of our application and financial bid for
above mentioned RFP, proposed by HGCL, including but not limited to signing and submission of
all applications, bid(s) and other documents and writings, and providing information/ responses to
HGCL, representing us in all matters before HGCL, signing and execution of all contracts and
undertakings consequent to acceptance of our bid and generally dealing with HGCL in all matters in
connection with or relating to or arising out of our application or bid and/or upon award thereof to
us.
AND, we do hereby agree to ratify and confirm all acts, deeds and things lawfully done or caused to
be done by our said Authorised Signatory or Attorney pursuant to and in exercise of the powers
conferred by this Power of Attorney and that all acts, deeds and things done by our said Authorised
Representative/ Attorney in exercise of the powers hereby conferred shall and shall always be
deemed to have been done by us.
IN WITNESS WHEREOF WE, ....................THE ABOVE NAMED PRINCIPAL HAVE
EXECUTED
THIS POWER OF ATTORNEY ON THIS .................... DAY OF ...................., 2017
For .......................................
(Signature, name, designation and address)
Witnesses:
1.
2.
Notarised
Accepted
........................................
(Signature, name, designation and address of the Attorney)
Notes:
The mode of execution of the Power of Attorney should be in accordance with the procedure, if any,
laid down by the applicable law and the charter documents of the executants(s) and when it is so
required the same should be under common seal affixed in accordance with the required procedure.
The Power of Attorney should be executed on a non-judicial stamp paper of appropriate
denomination and should be registered or duly notarised by a notary public. Wherever required,
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the Applicant should submit for verification the extracts of the charter documents and other
documents such as a resolution/power of attorney in favour of the person executing this Power of
Attorney for the delegation of power hereunder on behalf of the Applicant.
For a Power of Attorney executed and issued overseas, the document will also have to be legalised
by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney is being issued.
However, Applicants from countries that have signed the Hague Legislation Convention 1961 need
not get their Power of Attorney legalised by the Indian Embassy if it carries a conforming Apostles
certificate.
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Form T-4: Format of submission of Work Experience / Technical Strength of Applicant
Subject:
Providing Transaction Advisor cum Technical Consultant Services for Nehru
Outer Ring Road Project under consideration to award on Toll Operate
Transfer (TOT) model at Hyderabad - Request for Proposal (RFP).
Ref. No. RFP. o. <> Dated <>
Client Details Name of Work / Project report on physical
Client Na
me: ………………………………….. condition of SH/ NH/ Expressway (two lane or
Address:
……………………………………….. more)
…………………………………………………
…………………………………………………
Name of Contact Person: …………………..…
Contact No.
…………………………………….
Contact E-mail ID.
……………………………..
(official e-mail ID)
Location/ Stretch/ length/ lane:
Approximate Value of Work / Project (INR)
Start Date
Completion Date
Present Status
Name of the Equipment deployed (like Network Survey Vehicle/ FWD/ structure condition
using Mobile Bridge Inspection unit, laser profilometer, etc.)
Name of Persons Deployed (Key Persons only)
Detailed features of Project report on physical condition of SH/ NH/ Expressway (two lane
or more)
Name ………………….
Designation/ Title of the Authorized Signatory………………………
Dated: ….. /…../2017
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Form T-5: Affidavit on Litigation / Arbitration History
(on Non-judicial Stamp Paper of Value Rs.100/-)
Name of Bidder: ……………………………………………..
The Applicant should provide information on any history of litigation or arbitration resulting from
the contracts executed in the last five years or currently under execution.
Year Award for or Name of Client, Disputed Amount Actual Awarded
against Cause of (Current Value in Amount in India
Applicants Litigation and India Rs.) Rs.
Matter in Dispute
INFORMATION REGARDING CURRENT LITIGATION, DEBARRING / EXPELLING OF
APPLICANT OR ABANDONMENT OF WORK BY APPLICANT
1. (a) Has the Applicant or its constituent partners history of litigation awarded against him?
Yes No
(b) If yes, give details
…………………………………………………………………………………..
…………………………………………………………………………………..
2. (a) Has the Applicant or any of its Constituent Partners or Directors been debarred /expelled,
during the last 5 years as on the date of application, on the basis of their performance in any
assignment or for any other reason including fraudulent and corrupt practices, etc?
Yes No
(b) If yes, give details including period of debarment:
…………………………………………………………………………………..
…………………………………………………………………………………..
3. (a) Has the Applicant or any of its Constituent Partners or Directors failed to perform on any
contract, during the last 5 years as on the date of application, as evidenced by imposition of a
penalty or a judicial pronouncement or arbitration award or has been expelled from any work or
contract or have had any contract terminated for breach on their part or abandoned any contract
work or has been declared bankrupt?
Yes No
(b) If yes, give details
…………………………………………………………………………………..
…………………………………………………………………………………..
Note: If any information in this affidavit is found to be incorrect or concealed, prequalification /
empanelment application will be summarily rejected. Based on information in this affidavit,
HGCL, in its sole discretion shall take a decision to prequalify the Applicant.
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Form T-6: Format for Submission of CVs
1. Name of Expert
2. Date of Birth
3. Country of Citizenship/Residence
4. Education:
University/Institution Name of Degree/Diploma Year of Passing
5. Employment Record relevant to the Assignment:
Period Employing Organization and
From To Position/Title held Summary of Activities
Country performed relevant to the
Contact information for Assignment
References
6. Membership in
Professional
Associations and
Publications
7. Language Read Write Speak
Language Skills
8. Adequacy for Assignment:
Reference to Prior Work/Assignments that Best Illustrates Capability to Handle the Assigned Tasks
Name of Assignment:
Year:
Location:
Client:
Position Held:
Activities Performed:
9.
Expert’s Contact Information:
Phone
10. Certification
I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes myself, my
qualifications, and my experience. I understand that any misstatement or misrepresentation described herein
may lead to my disqualification or dismissal by the
Client.
Signature of
Authorized Representative Signature of
individual
Date
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Form T-7 : Check List for Technical Evaluation
(To be filled and enclosed with the Technical Bid– 100marks)
Check List for Technical Evaluation : 100 marks
A) Technical Evaluation (Clause: 9.14 of ITB)
1) Average Annual Turnover in last 5 years: 10 marks Statutory Auditor Certificate: page no: _____
2) Technical Capacity:
30 marks A) Experience of working as Financial / Transaction Advisory in Transportation Sector i.e
Highways, Expressways, Inland waterways, Railways, Metro, Ports, Airports, MMT
hubs, Bus terminals only (project value > 100 Cr or $100mil) (15 marks)
Sl. No. Project Year Value of project Page no.
1
2
3
4
5
6
7
B) Experience of working as Technical Consultants related to Preparation or Review of DPR for
Highways / Expressways / Urban Roads (15 marks):
Sl. No Project Year Length Value of project Page no.
1
2
3
4
5
6
7
3) Key Personnel
30 marks
A) Team Leader cum Sector Expert: page no. _____ (8 marks)
1 Name :
2 Qualification :
3 Experience :
4 Details of Projects worked :
Sl.No. Project Year
Length
Value of Project
i)
ii)
iii)
B) Financial Expert: page no. _____ (6 marks)
1 Name :
2 Qualification :
3 Experience :
4 Details of Projects worked :
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Sl.No. Project Year
Length
Value of Project
i)
ii)
iii)
C) Technical Expert: page no. _____ (6 marks)
1 Name :
2 Qualification :
3 Experience :
4 Details of Projects worked :
Sl.No. Project Year
Length
Value of Project
i)
ii)
iii)
D) Project Manager : page no. _____ (6 marks)
1 Name :
2 Qualification :
3 Experience :
4 Details of Projects worked :
Sl.No. Project Year
Length
Value of
Project
i)
ii)
iii)
E) Legal Expert: page no. _____ (4 marks)
1 Name :
2 Qualification :
3 Experience :
4 Details of Projects worked :
Sl.No. Project Year
Length
Value of
Project
i)
ii)
iii)
4) Approach & Methodology:
30 Marks
Presentation: Time and venue of the Presentation will be notified to responsive bidders separately.
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FORM F-1: FORMAT FOR FINANCIAL BID SUBMISSION
Sub.: Providing Transaction Advisor cum Technical Consultant Services for Nehru Outer Ring
Road Project under consideration to award on Toll Operate Transfer (TOT) model at Hyderabad
Ref: RFP No. <> dated dd/mm/yyyy on above subject.
Dear Sir,
I/We, the undersigned having examined the above referred RFP including addendums
thereof and, hereby offer to submit our bid to undertake the subject assignment with bid value as
below.
S.no. Unit Amount(Rs.) in
Figures and
words
1 As per Scope of work and ToR of RFP
The breakup details for the above quoted price is enclosed. However the breakup details will not be
consider while evaluating the bid.
1. The quoted rates include all the charges payable in full compliance to the Scope of Work and
other terms specified in the RFP document.
2. I/ We do hereby confirm that my/ our bid price include all statutory taxes/ levies but
excluding GST. I/ We also declare that any tax, surcharge on tax and / or any other levies, if altered
in future and payable under the law, the same shall be borne by me/ us.
3. This bid is valid for a period of 120 calendar days from the bid due date.
4. I/ We, understand that the
(a) applicable GST shall be reimbursed by HGCL separately on production of proof of
payment and CA certificate; and
(b) TDS will be deducted against payments as per Applicable Law.
(c) In case of any difference in figures and words, the amount mentioned in words will
prevail.
Yours sincerely,
Name ………………….
Designation/ Title of the Authorized Signatory…………………………
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FORMAT FOR SUBMISSION OF PERFORMACNE BANK GUARATNEE
Performance Bank Guarantee (PBG)
To,
The Managing Director,
HGCL,
Tarnaka, Hyderabad
WHEREAS M/s_________________________________________[Name and address of Agency]
(hereinafter called “the Consultant”) has applied in pursuance to HGCL‟s Notice Inviting Tender
(NIT) against RFP No. ….. ……………… dated …………………… for “Providing Transaction
Advisor cum Technical Consultant Services for Nehru Outer Ring Road Project under
consideration to award on Toll Operate Transfer (TOT) model at Hyderabad.” And has been
adjudged successful bidder vide Letter of Award (LoA) No. ……… dated ……. and has been
asked to sign a contract agreement in terms of the said RFP
AND WHEREAS it has been stipulated by HGCL in the said letter that the Consultant shall furnish
a Bank Guarantee for the sum specified therein as security for compliance with his obligations in
accordance with the terms & conditions of contract.
AND
WHEREAS we have agreed to give the Consultant such a Bank Guarantee:
NOW THEREOF we hereby affirm that we are the Guarantor and responsible to you, on behalf of
the Consultant up to a total of Rs. ………….…../- (Rupees ………………………) only, such sum
being
payable in the types and proportions of currencies in which the Contract Price is payable, and we
undertake to pay you, upon your first written demand and without cavil or argument, any sum or
sums within the limits of Rs. ……………./- as aforesaid without your needing to prove or to show
grounds
or reasons for your demand for the sum specified therein.
1. We hereby waive the necessity of your demanding the said debt from the Consultant before
presenting us with the demand.
2. We further agree that no change or addition to or other modification of the terms of the
Consultant or of the works to be performed there under or of any of the Contract documents
which may be made between you and the Consultant shall in any way release us from any
liability under this guarantee, and we hereby waive notice of any such change, addition or
modification.
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3. We undertake to pay to the HGCL any money so demanded notwithstanding any dispute or
disputes raised by the Consultant(s) in any suit or proceedings pending before any Court or
Tribunal relating thereto our liability under this present being absolute and unequivocal. The
payment so made by us under this bond shall be a valid discharge of our liability for payment
there under and the Consultant(s) shall have no claim against us for making such payment.
4. The liability of the Bank under this Guarantee shall not be affected by any change in the
constitution of the Consultant or of the Bank.
5. This guarantee shall also be operable at our ___________________branch at Hyderabad, from
whom, confirmation regarding the issue of this guarantee or extension/ renewal thereof shall be
made available on demand. In the contingency of this guarantee being invoked and payment
there under claimed, the said branch shall accept such invocation letter and make payment of
amounts so demanded under the said invocation.
6. This bank guarantee shall be valid from ……………………
7. Notwithstanding anything contained herein:
(i) Our liability under this Bank Guarantee shall not exceed ` ……………/-
(ii) The Bank Guarantee shall be valid up to……………………………………………
(iii) We are liable to pay the Guarantee amount or any part thereof under this Guarantee only
and only if you serve upon us a written claim or demand on or before ……………
Date :
Name:
Designation:
Employee Code Number:
Telephone Number:
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Name of issuing bank branch ___________________________________________
Address ____________________________________________________________
Telephone number ___________________________________________________
E-mail: ____________________________________________________________
Name of controlling bank branch ________________________________________
Address ____________________________________________________________
Telephone number ___________________________________________________
E-mail: ____________________________________________________________
Name of bank branch at Hyderabad ______________________________________
Address ____________________________________________________________
Telephone number ___________________________________________________
E-mail: ____________________________________________________________
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PART-IV
DRAFT FORM OF CONTRACT AGREEMENT
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DRAFT CONTRACT AGREEMENT
Contract Agreement No. …………………..
This Contract Agreement (hereinafter called the “Contract”) is made on this _____day of the
month of ___________, 2017.
BETWEEN
HYDERABAD GROWTH CORRIDOR LIMITED (HGCL), having its office at 2nd
Floor,
HUDA complex, Tarnaka, Hyderabad- 500007 (hereinafter referred to as the “HGCL” or the
“Authority”, which expression shall, unless repugnant to or inconsistent with the context, mean
and include its successors and assigns) of the FIRST PART.
AND
M/s___________________, a company incorporated under the provisions of the Companies
Act, 1956 or a firm established in India and having its registered office
at_______________________________________ (hereinafter referred to as the “Consultant”
which expression shall unless repugnant to or inconsistent with the context, mean and include its
successors and assigns) of the OTHER PART.
WHEREAS
(a) the Consultant, in the ordinary course of its business, is engaged in providing similar services
to their clients, and have represented to HGCL through their bids, against RFP No. <> dated
dd/mm/yyyy (hereinafter called the “Tender”) for “Providing Transaction Advisor cum
Technical Consultant Services for Nehru Outer Ring Road Project under consideration to
award on Toll Operate Transfer (TOT) model at Hyderabad” and that they have the required
professional skills, personnel and technical resources to provide the required Services;
(b) on the basis of the said Tender, HGCL has adjudged the Consultant as a Successful Bidder and
issued Letter of Acceptance (LoA) No. ……………………… dated __.__.2017 for the same;
(c) the Consultant has agreed through their letter of acceptance No ……….. dated …….. to
provide the said Services on the terms and conditions set forth in this Contract and has also
submitted performance bank guarantee equivalent to ………………. (Rs.
…………………….)
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such that it remains valid until 12 months beyond completion of the contract.
NOW THEREFORE, in consideration of the foregoing and the respective covenants and
agreements set forth in this Agreement, the receipt and sufficiency of which is hereby
acknowledged, and intending to be legally bound hereby, the Parties hereby agree as follows:
1. The mutual rights and obligations of the Consultant and HGCL shall be as set forth in this
Contract, in particular:
(a) The Consultant shall carry out the Services in accordance with the provisions of
the Contract; and
(b) HGCL shall make payments to the Consultant in accordance with the provisions
of the Contract.
2. The following schedules/ appendices shall be deemed to form and be read and construed
as part of this Contract viz.
(a) Schedule A:Conditions of Contract
(b) Schedule B:Terms of Reference
(c) Appendices:
Appendix A Copy of Financial Bid of the Consultant
Appendix B Letter of Acceptance issued by HGCL.
Appendix C Letter of Acceptance submitted by the Consultant
Appendix D Copy of the Performance Security submitted by the Consultant
including copies of confirmation provided by the respective bank.
Appendix E Copy of the Technical Bid and/or any subsequent correspondence
of the Consultant/ HGCL
Appendix F Copy of RFP Document and subsequent amendment / addendum
including Minutes of Pre-bid Meeting, if any
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by
their respective authorized representatives on the day and year first before written.
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FOR AND ON BEHALF OF
FOR AND ON BEHALF
OF
(HGCL)
(M/s __________________________)
(Authorized Representative)
(Authorized Representative)
Name : ______________
Name : ______________________
Designation___________________
Designation : __________________
HGCL
M/s __________________________
2nd
Floor, HUDA Complex, Tarnaka,
Hyderabad
Address :_______________________
In the presence of following witnesses:
Name : ______________
Name : ______________________
Designation___________________
Designation :
__________________
HGCL
M/s __________________________
Address :_______________________
Name : ______________
Designation___________________
HGCL
Name : ______________________
Designation : __________________
M/s __________________________
Address :_______________________
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DEFINITIONS AND INTERPRETATIONS
1.1 Definition
The words and expressions beginning with capital letters and defined in this Agreement shall,
unless the context otherwise requires, have the meaning ascribed thereto herein and the words
and expressions defined in the Schedules and used therein shall have the meaning ascribed
thereto in the Schedules annexed hereto. Words used in capitals and not defined herein but
defined in the RFP shall have the meaning as ascribed thereto in the RFP.
1.2 Interpretation
1.2.1 In this Agreement, unless the context otherwise requires,
a) references to any legislation or any provision thereof shall include amendment or re-
enactment or consolidation of such legislation or any provision thereof so far as such
amendment or re-enactment or consolidation applies or is capable of applying to any
transaction entered into hereunder;
b) references to laws of India or Indian law or regulation having the force of law shall
include the laws, acts, ordinances, rules, regulations, bye laws or notifications which
have the force of law in the territory of India and as from time to time may be
amended, modified, supplemented, extended or re-enacted;
c) references to a “person” and words denoting a natural person shall be construed as a
reference to any individual, firm, company, corporation, society, trust, government,
state or agency of a state or any association or partnership (whether or not having
separate legal personality) of two or more of the above and shall include successors
and assigns;
d) the table of contents, headings or sub-headings in this Agreement are for
convenience of reference only and shall not be used in, and shall not affect, the
construction or interpretation of this Agreement;
e) the words “include” and “including” are to be construed, without limitation and
shall be deemed to be followed by “without limitation” or “but not limited to”
whether or not they are followed by such phrases;
f) any reference to any period of time shall mean a reference to that according to
Indian Standard Time;
g) any reference to day shall mean a reference to a calendar day;
h) references to a “business day” shall be construed as a reference to a day (other than
a Sunday and holidays) on which banks in their respective States are generally open
for business;
i) any reference to month shall mean a reference to a calendar month as per the
Gregorian calendar;
j) references to any date, period or time shall mean and include such date, period or
time as may be extended pursuant to this Agreement;
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k) any reference to any period commencing “from” a specified day or date and “till” or
“until” a specified day or date shall include both such days or dates; provided that if
the last day of any period computed under this Agreement is not a business day, then
the period shall run until the end of the next business day;
l) the words importing singular shall include plural and vice versa;
m) “lakh” means a hundred thousand (100,000) and “crore” means ten million
(10,000,000);
n) references to the “winding-up”, “dissolution”, “insolvency”, or “reorganization” of a
company or corporation shall be construed so as to include any equivalent or
analogous proceedings under the law of the jurisdiction in which such company or
corporation is incorporated or any jurisdiction in which such company or corporation
carries on business including the seeking of liquidation, winding-up, reorganization,
dissolution, arrangement, protection or relief of debtors;
o) save and except as otherwise provided in this Agreement, any reference at any time to
any agreement, deed, instrument, license or document of any description shall be
construed as reference to that agreement, deed, instrument, license or other document
as amended, varied, supplemented, modified or suspended at the time of such
reference; provided that this Sub-clause shall not operate so as to increase liabilities or
obligations of HGCL hereunder or pursuant hereto in any manner whatsoever;
p) any agreement, consent, approval, authorization, notice, communication, information
or report required under or pursuant to this Agreement from or by any Party shall be
valid and effective only if it is in writing under the hand of a duly authorized
representative of such Party, as the case may be, in this behalf and not otherwise;
q) the Schedules and Recitals to this Agreement form an integral part of this Agreement
and will be in full force and effect as though they were expressly set out in the body of
this Agreement;
r) references to Recitals, Articles, Clauses, Sub-clauses or Schedules in this Agreement
shall, except where the context otherwise requires, mean references to Recitals,
Articles, Clauses, Sub-clauses and Schedules of or to this Agreement and references to
a Paragraph shall, subject to any contrary indication, be construed as a reference to a
Paragraph of this Agreement or of the Schedule in which such reference appears; and
s) the damages payable as set forth in this Agreement, whether on per diem basis or
otherwise, are mutually agreed genuine pre-estimated loss and damage likely to be
suffered and incurred by the Party entitled to receive the same and are not by way of
penalty (the “Damages”);
t) “Additional Consultant” shall mean the Consultant appointed by HGCL in addition
to the Consultant for providing the Services;
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u) “Arbitration Act” means the Arbitration and Conciliation Act, 1996 and shall
include modifications to or any re-enactment thereof as in force from time to
time;
v) “Effective Date” shall mean date of this Agreement;
w) “Material Adverse Effect” means a material adverse effect of any act or event on the
ability of either Party to perform any of its obligations under and in accordance with
the provisions of this Agreement and which act or event causes a material financial
burden or loss to either Party;
x) "Cure Period” means the period specified in this Agreement for curing any breach
or default of any provision of this Agreement by the Consultant, and shall
commence from the date on which a notice is delivered by HGCL to the Consultant
asking the latter to cure the breach or default specified in such notice;
y) “Stakeholders” shall mean and include HGCL, the Toll Collection Agency, O & M
Operator of Highway Stretch, and Highway Patrol etc.
1.2.2 Any word or expression used in this Agreement shall, unless otherwise defined or
construed in this Agreement, bear its ordinary English meaning and, for these
purposes, the General Clauses Act 1897 shall not apply.
1.3 Arithmetic conventions
All calculations shall be done to 2 (two) decimal places, with the third digit of 5 (five) or
above being rounded up and below 5 (five) being rounded down.
1.4 Priority of Agreements, Clauses and Schedules
1.4.1 In case of inconsistency between the provisions of this Agreement and the RFP,
the terms of this Agreement shall prevail to the extent of such inconsistency.
1.4.2 In case of ambiguities or discrepancies within this Agreement, the following shall
apply:
(a) between two or more Clauses of this Agreement, the provisions of a specific
Clause relevant to the issue under consideration shall prevail over those in other
Clauses;
(b) between any two Schedules/Articles, the Schedule / Article relevant to the issue
shall prevail;
(c) between the written description on the drawings/design documents, if any, and
the Specifications and Standards, the latter shall prevail; and
(d) between any value written in numerals and that in words, the latter shall prevail.
SCHEDULE-A
CONDITIONS OF CONTRACT
1. Scope of Work
The Consultant shall perform the services specified in Terms of Reference at Schedule-B,
of this Contract Agreement.
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2. Relationship between the Parties:
Nothing contained herein shall be construed as establishing a relationship of master and
servant or of principal and agent as between HGCL and the Consultant. The Consultant,
subject to this Contract, has complete charge of Personnel performing the Services and
shall be fully responsible for the Services performed by them or on their behalf hereunder.
HGCL has no liability w.r.t. the representatives/ employees of the Consultant.
3. Governing Law and Jurisdiction:
This agreement shall be construed and interpreted in accordance with and governed by the
laws of India, and the courts at Hyderabad shall have exclusive jurisdiction over matters
arising out of or relating to this Agreement.
4. Language:
This Contract has been executed in English, which shall be the binding and controlling
language for all matters relating to the meaning or interpretation of this Contract.
5. Effectiveness of Contract
This Contract shall come into effect on the date the Contract is signed by both the Parties.
The date, the Contract comes into effect is defined as the Effective Date.
6. Commencement of Services:
The Consultant shall commence the Services to HGCL as per the Schedule-B of this
Contract.
7. Expiration of Contract:
The term of this Agreement shall be for a period specified in Schedule month
commencing from the effective date (“Agreement Period”).
8. Assignment
This Agreement shall not be assigned by the Consultant to any person / agency save
and except with the prior consent in writing of HGCL and HGCL shall be entitled to
decline without assigning any reason whatsoever.
Notwithstanding anything to the contrary contained in this Agreement, HGCL may, after
giving 30 days‟ notice to the Consultant, assign and/ or transfer any of its rights and
benefits and/or obligations under this Agreement to an assignee who is, in the reasonable
opinion of HGCL, capable of fulfilling all of the HGCL‟s then outstanding obligations
under this Agreement.
9. Severability
If for any reason whatsoever any provision of this Agreement is or becomes invalid,
illegal or unenforceable or is declared by any court of competent jurisdiction or any other
instrumentality to be invalid, illegal or unenforceable, the validity, legality or
enforceability of the remaining provisions shall not be affected in any manner, and the
Parties will negotiate in good faith with a view to agreeing to one or more provisions
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which may be substituted for such invalid, unenforceable or illegal provisions, as nearly
as is practicable to such invalid, illegal or unenforceable provision. Failure to agree upon
any such provisions shall not be subject to the Dispute Resolution Procedure set forth
under this Agreement or otherwise.
10. Notices
Any notice, request, or consent required or permitted to be given or made pursuant to this
Contract shall be in writing. Any such notice, request or consent shall be deemed to have
been given or made when delivered in person to an authorized representative of the Party
to whom the communication is addressed, or when sent to such Party at the address
specified below. The mode of service of any notice shall be either courier or registered
post or e-mail or fax or by hand.
The addresses for service of Notice shall be:
HGCL: Chief General Manager (T)
Address: 2nd
Floor, HUDA complex, Tarnaka, Hyderabad- 500007
E-mail: [email protected]
Consultant: ……………………………..
Attention: …………………………
Address: ………………………..
Facsimile: ……………….
E-mail:…………………………………
11. Deliverables and payment terms:
1. The payment terms and deliverables shall be as follows:
The schedule for completing the Deliverables shall be determined by the maximum number
of weeks from the Effective Date of the Agreement (the “Key Dates” or “KD”). The time
schedule for important Deliverables of the Transaction Advisor and the payment schedule
linked to the specified Deliverables are given below:
Key
Date Description of Deliverables
Week
from
LOA
Payment
(%)
KD-1 Inception Report 1 5%
KD-2.
Appraisal report of various technical reports including traffic
studies, pavement design, tolling strategy and others as required
for the project, with projections of traffic, O&M cost and
schedule including routine and MMR expenses.
5 20 %
KD-3.
Financial Analysis / Feasibility report with Financial Model
estimating Initial Estimated Concession Value (IECV) with
proposed Bid Parameter
8 20 %
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KD-4. Finalization & Release of the RFP, technical schedules and other
contractual documents for the Project 10 20 %
KD-5. Bid Process Management, Submission of draft evaluation report
of RFQ, RFP and other bid documents as required for the Project 15 25%
KD-6.
Completion of services detailed in the Scope of Work and
completion of bidding process until signing of concession
agreement.
16 10 %
Total 100 %
2. The above payment shall be made in Indian Rupees within 30 days of receipt of the
invoice by HGCL and /or HGCL‟s representative. The Consultant‟s performance
and reports will be evaluated by HGCL or HGCL‟s designated representative before
certifying the same for payment.
3. The quoted rates for all items shall remain unchanged for entire Contract Period.
4. The quoted prices are inclusive of all Taxes & duties except GST, which shall be
reimbursed separately, at actuals based on production of proof of payment and
certificate from Chartered Accountant.
5. No amount toward cost or expenses incurred, of whatsoever nature, shall be payable
separately for the days to be carrying out the services prior to or after the field work
such as holding discussion, as considered necessary by HGCL or otherwise, for any
purpose with HGCL‟s Head office or elsewhere, prior, during and after the conduct
of an assignment at site.
6. The Consultant shall submit reports to HGCL as prescribed under Schedule B along
with invoices.
12. Project Administration
The HGCL designates Chief General Manager (Technical) at Head office of HGCL, as its
coordinator, who will be responsible for the coordination of activities under this contract,
for acceptance and approval of the services and of other deliverables by HGCL and for
receiving and approving invoices for the payment.
13. Fraud and Corruption:
13.1 Definitions
It is HGCL‟s policy that HGCL as well as Consultant observe the highest standard of
ethics during the selection and execution of such contracts. In pursuance of this policy, HGCL
defines, for the purpose of this provision, the terms set forth below as follows:
(i) “corrupt practice” means the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence the action of a public official in the
selection process or in contract execution;
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(ii) “fraudulent practice” means a misrepresentation or omission of facts in order to
influence a selection process or the execution of a contract;
(iii) “oercive their property to practice” influence means harming or threatening to harm,
directly or indirectly, persons or their participation in a procurement process, or affect
the execution of a contract;
(iv) “collusive practice” means a scheme or arrangement between two or more
consultants with or without the knowledge of the Client, designed to establish prices
at artificial, non-competitive levels.
13.2 Measures to be taken by HGCL
(a) HGCL may terminate the contract if it determines at any time that representatives of
the Consultant were engaged in corrupt, fraudulent, collusive or coercive practices
during the selection process or the execution of that contract, without the Consultant
having taken timely and appropriate action satisfactory to HGCL to remedy the
situation;
(b) HGCL may also sanction against the Consultant, including declaring the Consultant
ineligible, either indefinitely or for a stated period of time, to be awarded a contract if
it at any time determines that the Consultant has, directly or through an agent,
engaged in corrupt, fraudulent, collusive or coercive practices in competing for, or in
executing, a contract with HGCL.
14. Confidentiality of the Assignment/Findings
The Consultant shall not, during the term of this contract and within one year after its
expiration or termination, disclose any proprietary or confidential information relating to
the services, this contract or the HGCL‟s business or operations without the prior written
consent of HGCL.
15. Ownership of Equipment & other conditions
(i) The Consultant should have ownership / suitable tie up of Network Survey Vehicle
(NSV) and Falling Weight Deflector (FWD) in his own name or JV partner‟s
name. The consultant shall note that for the purpose of survey of any bridge of
500m or more length over a river, the Applicant should have suitable tie up for
Mobile Bridge Inspection Unit (MBIU).
(ii) Any studies report or other material, data or information otherwise prepared by the
Consultant for HGCL under the contract including all related database/ files shall
belong to and remain the property of HGCL.
16. Insurance cover to be maintained
(a) All the material and equipment shall be owned by the Consultant throughout the
duration of contract and the Consultant shall ensure to maintain proper insurance
coverage of its equipment against fire, theft, vandalism or any other perceived risk(s)
/ natural disaster etc.
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(b) In addition to material and equipment, the Consultant shall also ensure to have
adequate insurance for all its personal working/ deployed under this contract.
(c) The Consultant shall indemnify HGCL against any damage/ loss of property or
personnel of Consultant working on any site under this contract.
17. No partnership
This Agreement shall not be interpreted or construed to create an association, joint
venture or partnership between the Parties, or to impose any partnership obligation or
liability upon either Party and neither Party shall have any right, power or authority to
enter into any agreement or undertaking for, or act on behalf of, or to act as an agent or
representative of, or to otherwise bind, the other Party.
18. Intellectual Property Rights
All Intellectual Property of the respective Parties shall continue to vest with the respective
Party and one Party may make use of the Intellectual Property only with the express consent of
the other Party.
19. Force Majeure
Neither party shall in any event be liable for any failure to perform its obligations under
this Agreement due to any events beyond the reasonable control of either party or any
events of force majeure.
19.1 No Party shall be considered in default of performance of its obligations under the
terms of this Agreement, if such performance is prevented or delayed for any causes
beyond the reasonable control of the Party affected by such event (hereinafter
referred to as “ Affected Party”), including, but not limited to, fire, flood, explosion,
acts of God, public disorder, riots, embargoes, or strikes, acts of military authority,
epidemics, strikes, lockouts or other labour disputes, insurrections, civil commotion,
war, enemy actions which substantially bars the performance of obligations of the
Affected Party (hereinafter referred to as “ Force Majeure Event”)
19.2 Reporting of Force Majeure
If a Force Majeure Event arises in the aforesaid manner, the Affected Party shall
within maximum 24 hours notify the other Party in writing of such condition and the
cause thereof. However, in case the Consultant claims to have suffered a Force
Majeure Event, the Consultant shall continue to perform its obligations under this
Agreement as far as is reasonably practical, and shall seek all reasonable alternative
means for performance, unless otherwise directed by HGCL.
19.3 Mitigate the Force Majeure Event
Upon occurrence of Force Majeure Event, the Affected Party shall immediately take
steps as are reasonably necessary to remove the causes resulting in Force Majeure if
within its control and to mitigate the effect thereof. Any costs incurred and
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attributable to such event or curing of the Force Majeure Event shall be solely borne
by the Affected Party.
20. Dispute Resolution
(a) Any dispute or difference whatsoever arising between the parties and of or relating to
the construction, interpretation, application, meaning, scope, operation or effect of this
contract or the validity or the breach thereof, shall be referred to the Society for
Affordable Resolution of Disputes (SAROD) and the award made in pursuance
thereof shall be final and binding on the parties subject to Provisions of The
Arbitration and Conciliation Act, 1996.
(b) This Contract shall be governed by, and construed in accordance with, the laws of
India and courts at Hyderabad shall have exclusive jurisdiction over all disputes arising
under, pursuant to and/or in connection with this Contract.
21. Termination
(a) Either party may terminate this contract due to breach of terms agreed to in this contract
by the other party. However, the party aggrieved by the breach shall give written notice
to the other party to this contract indicating that the contract shall be terminated not
earlier than 15 days from the date of the receipt of the notice.
(b) HGCL, in its sole discretion and for any reason whatsoever, may terminate this Contract
for (i) for convenience by giving 15 days prior notice without assigning any reason; or
(ii) in case of dereliction in performance of stipulated duties by the Consultant.
(c) Notwithstanding anything stated in this Agreement, in the event of any defaults on part
of the Consultant, HGCL shall issue a notice to the Consultant (hereinafter referred to as
Cure Period Notice). If the Consultant fails to cure the default within the Cure Period,
as stated in the Cure Period Notice, the Consultant shall be deemed to be in default of
this Agreement, unless the default has occurred solely as due to Force Majeure or for
reasons not attributable to the Consultant. The Cure Period under this Clause shall be
calculated from the date of receipt of the notice by the Consultant or when the default
comes into the knowledge of the Consultant, whichever is earlier. If the Consultant fails
to remedy the default after lapse of cure period notice, HGCL may consider terminating
the contract.
(d) HGCL may also terminate this contract if in its judgment the Consultant has engaged in
corrupt and fraudulent practice in competing for or in execution / implementation of the
project.
22. Consequences of Termination
(a) Upon Termination, the Consultant shall transfer all relevant documents / information/
software application developed under the contract / sources code / back up / data/
permissions to HGCL or any other entity as directed by it;
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(b) Upon Termination (except on account of expiry of Term of this Agreement or Force
Majeure), HGCL shall be entitled to appropriate the Performance Security, and/or debar
the contractor for any future work for a period as decided by the Authority.
23. Survival of rights
Notwithstanding anything to the contrary contained in this Agreement, any Termination
pursuant to the provisions of this Agreement shall be without prejudice to the accrued
rights of either Party including its right to claim and recover money damages, security
deposits, and other rights and remedies which it may have in law or contract.
24. Indemnification
a) The Consultant shall indemnify, defend, save and hold harmless, HGCL and its
Officers, Agents against any direct loss, damage, claims, cost and expense of
whatever kind and nature (including without limitation, legal fees, claims and
expenses incurred in connection with any suit, action or proceeding or any claim
asserted, such as fees and expenses incurred), joint or several, that arise out of or are
based upon any order passed by any statutory authority including courts, tribunals or
other judicial/ quasi – judicial authorities, on account of breach of the Consultant‟s
obligations under this Agreement or any other related agreement or otherwise, any
fraud or negligence attributable to the Consultant or its Agents or Sub-Consultants,
under contract or tort or on any other ground whatsoever, all eventualities of theft,
dacoity, robbery, etc., except to the extent that any such suits, proceedings, actions,
demands and claims has arisen due to any breach or default of this Agreement on the
part of HGCL.
b) The Consultant shall indemnify HGCL of all legal obligations of its professionals
deployed. HGCL also stand absolved of any liability on account of death or injury
sustained by the Consultant‟s staff during the performance of their work and also for
any damages or compensation due to any dispute between the Consultant and its
staff.
c) The remedies provided under this Article are not exclusive and shall not limit any
rights or remedies that may otherwise be available to HGCL Indemnified Party at
law or in equity.
d) The provisions of this Article shall survive Termination.
25. Compensation for default by the CONSULTANT
25.1 In the event of the Consultant being in breach of this Agreement, unless such default
or delay is on account of Force Majeure or through no fault of the Consultant, the
Consultant shall pay to HGCL, all direct costs suffered or incurred by HGCL as a
consequence of such breach, within 30 days of receipt of the demand supported by
necessary particulars thereof. HGCL will also deduct 0.1% of the Performance
Security per day upto 20% of the total Performance Security, unless such default or
delay is on account of Force Majeure or through no fault of the Consultant.
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25.2 The Consultant shall pay to HGCL all direct costs suffered or incurred by HGCL
incurred as a result of any and all losses, claims, damages and liabilities (including,
without limitation, legal fees and other expenses incurred in connection with any
suit, action or proceeding or any claim asserted, such as fees and expenses incurred),
joint or several, that arise out of, or based upon:
(i) any untrue statement or misrepresentation of a material fact provided by the
Consultant or an omission to state a material fact required to be communicated;
(ii) any non-performance or breach of the roles, responsibilities, representations,
warranties, undertakings and declarations contained herein by the Consultant or
its directors, employees, personnel or representatives.
(iii) negligence, fraud or misconduct of the Consultant or any of its employees,
agents, affiliates or advisors.
26. Cap on Liability of Parties
Notwithstanding anything stated herein above and under any circumstances, the liability
of Consultant under this Clause for each site shall not exceed the equivalent amount payable
under this contract.
27. Survival
The provisions of this Article shall survive Termination.
28. Representation and warranties of the Consultant
The Consultant declares, represents and warrants as follows:
28.1 It is duly organized and validly existing under the laws of India, and has full power and
authority to execute and perform its obligations under this Agreement and to carry out
the works and provide services contemplated hereby;
28.2 It has taken all necessary corporate actions under Applicable Laws to authorize the
execution and delivery of this Agreement and to validly exercise its rights and perform
its obligations under this Agreement;
28.3 It has obtained all necessary internal/external approvals, registrations and certifications
required from relevant authorities and other entities for fulfilling its obligations as set
out in this Agreement;
28.4 It has not violated any of the conditions subject to which such approvals, registrations
and certifications have been granted or any other applicable regulations and / or
guidelines or directives or statutes;
28.5 It shall ensure that such approvals, registrations and certifications will remain in force,
including, by taking prompt steps for timely renewal of the same;
28.6 It undertakes to continue to comply with all Applicable Laws with respect to its roles /
obligations under this Agreement;
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28.7 There are no actions, suits, proceedings, or investigations pending before any court or
before any other judicial, quasi- judicial or other authority, the outcome of which may
result in the breach of this Agreement or which individually or in the aggregate may
result in any material impairment of its ability to perform any of its obligations under
this Agreement;
28.8 It shall at no time sub-contract any of its obligations under this Agreement without the
prior permission from HGCL. Provided that in case the Consultant proposes to sub-
contract any of its obligations under this Agreement, it shall seek written permission
along with the details of the activities that it proposes to sub-contract to third parties;
28.9 No representation or warranty by the Consultant contained herein or in any other
document furnished by it to HGCL in relation to Applicable Laws contains or will
contain any untrue or misleading statement of material fact or omits or will omit to
state a material fact necessary to make such representation or warranty not misleading;
28.10 No sums, in cash or kind, have been paid or will be paid, by or on behalf of the
Consultant, to any person by way of fees, commission or otherwise for securing the
award of this contract or for entering into this Agreement or for influencing or
attempting to influence any officer or employee of HGCL in connection therewith.
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ANNEXURE-I
Package wise details of ORR Project:
A) Phase-I : From Gachibowli to Shamshabad - 24.380 Km.
Contract Package-I: from Gachibowli to APPA.
Total length -11.000 Km.
Awarded to M/s. Corporation Transstroy, OJSC, Moscow, Russia.
Contract Price Rs. 219.74 Crores, (Revised to Rs 195.00 Cr.)
Date of commencement: 4-7-2006.
Details of Structures.
S.No. Description Total Nos.
1 Flyovers 2
2 VUPs+VSW+PUP (5+2+2) 9
3 Major Bridge 1
4 Minor Bridges 2
5. Box Culverts 9
6 Slab Culverts 6
7 Trumpet 1
8 Toll Plaza Tunnel 1
Total 31
Eight lane connectivity was provided on 11-07-2010.
B. Contract Package-2: from APPA to Shamshabad
Total length -13.380 Km.
Awarded to M/s.Continental Engineering Corporation, Taiwan.
Contract Price - Rs. 295.09Crores (Revised to 336.40 Cr.)
Date of commencement - 12-7-2006.
Details of Structures.
S.No. Description Total nos.
1 Flyovers 1
1 Major Bridges 1
2 Box Culverts 15
3 Slab Culverts 2
4 VUPs 5
5 PUPs 2
6 MIBs 2
7 Shamshabad Interchange (Partial Cloverleaf
with Directional Ramps)
(i) VUPs
(ii) MIBs
(iii) ROB
7
5
1
Total 41
Eight lane connectivity upto Shamshabad was provided on 11-07-2010.
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B) Phase-II A: From Narsingi to Patancheru (AP-1 & AP-2) & Pedda Amberpet to
Shamshabad (AP-3, AP-4 & AP-5) (BOT –Annuity)
Total Length: 62.3 Km
Divided into Five Contract Packages.
Taken up under BOT- Annuity Model
Total Project Cost: Rs. 2439 Crores.
Concession agreements concluded in August, 2007.
Work commenced in all five packages during Nov / Dec‟07
Concession Period-:15 years including construction period of 30 months
BRIEF DETAILS OF BOT (ANNUITY) PACKAGES:
S.No Particulars AP-1
(From
Narsingi to
Kollur)
AP-2
(from Kollur
to
Patancheru)
AP-3
(From Pedda
Amberpet to
Bongulur)
AP-4
(From
Bongulur to
Tulkkuguda)
AP-5 (From
Tukkuguda to
Shamshabad
1 Concessionaire M/s
HRRPPL,
M/s CEL M/s EHE Ltd, M/s HEL REHRRL
2 EPC Contractor M/s Induni-
Era(JV)
M/s
MAYTAS,
Infra Ltd.
M/s KMC
Constructions
Ltd
M/s Gayatri
Projects Ltd
Ramky &
Eslamex-JV
3 Date of
Commencement 12-12-07 20-12-07 10-12-07 20-12-07 27-11-07
4 Length of the project
reach 12 Km 11.70 Km 13 Km 13 Km 12.63 Km
5 Total Project cost
(Rs in Crores) 300.36 403.55 388.25 359.31 332.51
6 Payment to the
concessionaire
(Rs in Crores)
a)Grant @20% in
4 Installments
60.072 80.710 77.650 71.862
66.502
b)Semi annual
annuity amount
(25 Installments)
30.90 39.50 33.30 30.49 31.50
DETAILS OF STRUCTURES:
AP-1
S.No. Description Total Nos.
1 Flyovers (O.P.) ---
2 VUPs+PUP 14
3 Major Bridges ---
4 Minor Bridges 14
5. Box Culverts 12
6 Pipe Culverts 11
7 Rotary Interchange 1
Total 52
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AP-2
1 Flyovers (O.P.) 1
2 VUPs+PUP 14
3 Major Bridges ---
4 Minor Bridges 11
5. Box Culverts 10
6 Pipe Culverts 20
7 ROBs 1
Total 57
AP-3
1 Flyovers (O.P.) 1
2 VUPs+ PUPs 10
3 Major Bridges 3
4 Minor Bridges 3
5. Box Culverts 21
6 Pipe Culverts 18
7 Interchange/ Rotary 1
Total 57
AP-4
1 Flyovers (O.P.) 1
2 VUPs + PUPs 11
3 Major Bridges ----
4 Minor Bridges 9
5. Box Culverts 16
6 Pipe Culverts 26
7 Interchange/Rotary 2
Total 65
AP-5
1 Flyovers (O.P.) ----
2 VUPs + PUPs 13
3 Major Bridges ---
4 Minor Bridges 15
5. Box Culverts 8
6 Pipe Culverts / Causeways 18
7 Interchange 2
Total 56
C) Phase-II B: From Patancheru to Pedda Amberpet via, Kandlakoya, Shamirpet
Ghatkesar.
The ORR Phase II B works were taken up with the loan assistance from Japan International
Cooperation Agency (JICA).
Total Length : 71.3 Km
Divided into Six Contract Packages.
Project Cost : Rs.3558.00 Crores
Loan Agreement concluded with Govt. of Japan on 10th March, 2008.(L/A No. ID_P:
193) for the first 3 Packages covering the stretch from Patancheru to Shamirpet, under
JICA Phase-I (38.00 Km)
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JICA Phase-1
The Contract Agreements are concluded and the works commenced on 01-06-2009 as
detailed below.
Package-1: From Patancheru to Mallampet.
Total length-11.300Km.
Awarded to M/s Somdatt Builders-Ramky JV.
Contract Price Rs. 323.96 Crores.
Date of commencement: 01-06-2009.
Details of Structures.
Sl No. Description Nos.
LSR MCW RSR Total
1 Bridges
i. Major Bridge - - - -
ii.Minor Bridge 03 03 03 9
2 VUP - 06 - 6
3 PUP - 06 - 6
4 Rotary - 01 - 1
5 Culverts
i)Box Culverts 9 11 10 30
ii) Pipe Culverts 04 - 04 08
Total 16 27 17 60
Package-2: From Mallampet to Dundigal
Total length-11.000Km.
Awarded to M/s Gayatri Projects Ltd.
Contract Price Rs. 323.97 Crores.
Date of commencement: 1st June 2009.
Details of Structures.
Sl No. Description Nos.
LSR MCW RSR Total
1 Bridges
i. Major Bridge - - - -
ii. Minor Bridge 3 3 3 9
2 VUP - 7 - 7
3 PUP - 4 - 4
4 Culverts
i. Box Culverts 3 13 3 18
ii. Pipe Culverts 10 - 11 19
Total 16 27 17 57
Package-3: From Dundigal to Shamirpet
Total length -15.700Km.
Awarded to M/s KNR-GVR JV
Contract Price Rs. 576.38 Crores.
Date of commencement: 1st June 2009.
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Details of Structures.
Sl No. Description Nos.
LSR MCW RSR Total
1 Bridges
i. Major Bridge - - - -
ii. Minor Bridge 4 5 4 13
2 VUP - 12 - 12
3 PUP - 7 - 7
4 Interchange - 2 - 2
5 ROB - 1 - 1
5 Culverts
i. Box Culverts 5 16 5 26
ii. Pipe Culverts 10 - 8 18
Total 17 43 15 79
JICA Phase-2
Loan Agreement for the balance 3 Packages under Phase-II B covering the stretch from
Shamirpet to Pedda Amberpet was concluded with Govt. of Japan on 21st November,
2008, for a length of 33.30 Km.
Works awarded in March, 2010 & works commenced in May, 2010.
S.
No
Particulars Package-1 (From
Shamirpet to Keesara)
Km 61.700 to 72.000
Package-2 (From
Keesara to Ghatkesar)
Km 72.000 to 83.000
Package-3 (From
Ghatkesar to Pedda
Amberpet)
Km 83.000 to 95.000
1 Contractor M/s United Gulf
Construction Co. W.L.L.
M/s Nagarjuna
Construction Ltd
M/s Nagarjuna Construction
Ltd
2 Length of the
project reach
10.30 Km 11.00 Km 12.00 Km
3 Contract Amount
(Rs in Crores)
195.08 326.96 299.51
JICA-2 Package-1: (From Shamirpet to Keesara)
Total length-10.30Km.
Awarded to M/s United Gulf Construction Co., WLL.
Contract Price Rs. 195.09 Crores.
Date of commencement: 26.05.2010
Details of Structures.
Sl No. Description Nos.
LSR MCW RSR Total
1 Bridges
i. Major Bridge - - -
ii.Minor Bridge 3 3 3 9
2 VUP - 3 - 3
3 PUP 6 - 6
4 ROB - -
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JICA-2, Package-2: (From Keesara to Ghatkesar)
Total length-11.00Km.
Awarded to M/s Nagajuna Construction Company Ltd.
Contract Price Rs. 347.84 Crores.
Date of commencement: 26.05.2010
Details of Structures.
Sl No. Description Nos.
LSR MCW RSR Total
1 Bridges
i. Major Bridge - - -
ii.Minor Bridge 3 4 3 10
2 VUP - 11 - 11
3 PUP 7 - 7
4 ROB 1 1
5 Culverts
i)Box Culverts 4 7 4 15
ii) Pipe Culverts 3 3 6
Total 10 30 10 50
JICA-2, Package-3: (From Ghatkesar to Pedda Amberpet)
Total length-11.00Km.
Awarded to M/s Nagajuna Construction Company Ltd.
Contract Price Rs. 299.51 Crores.
Date of commencement: 26.05.2010
Details of Structures.
Sl No. Description Nos.
LSR MCW RSR Total
1 Bridges
i. Major Bridge 1 1 1 3
ii.Minor Bridge 6 6 6 18
2 VUP 5 - - 5
3 PUP 5 - - 5
4 ROB - - - -
5 Rotary/Interchange 1 - - 1
6 Culverts
i)Box Culverts 9 3 3 15
ii) Pipe Culverts - 6 6 12
Total 27 16 16 59
5 Over pass 1 1
6 Rotary/Interchange - -
7 Culverts
i)Box Culverts 2 15 2 19
ii) Pipe Culverts 13 13 26
Total 18 28 18 64
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Intelligent Transport System (TMS & HTMS) on ORR
Toll Management System (TMS) and Highway Traffic Management System (HTMS) and related
facilities have planned to take up on Hyderabad Outer Ring Road with loan assistance from Japan
International Cooperation Agency (JICA).
a. Toll Management System (TMS) on ORR
Three types of toll collection methods Manual and Touch & Go (T&G) (112 lanes), Manual,
T&G and RFID based Electronic Toll Collection (ETC) (51 lanes) and T&G and RFID (18
lanes) are planned at 19 interchanges on ORR for efficient Toll collection and proper audit of
Toll revenue, reductions in transaction and waiting times, reductions in cost of operations.
A main Traffic Control Centre (TCC) will be established at Nanakramguda and a sub Traffic
Control Centre at Ghatkesar interchange.
The project cost is Rs. 82.58 crores.
Contractor: M/s EFKON AG – EFKON India Pvt Ltd,
Works are under progress. Expected to complete including RFID by December, 2017
b. Highway Traffic Management System (HTMS) on ORR
Highway Traffic Management System is a system that helps the HGCL to safely and
efficiently manage the traffic on the ORR.
It consists of traffic, road and weather data collection through various sensors/devices installed
along the ORR such as Emergency Call Boxes (ECB)(328 Nos), Automatic Traffic Counters
cum Classifiers (ATCC)(74 Nos at 37 locations), Closed Circuit Televisions (CCTV) system
(41 Nos), Meteorological Observation system (4 Nos). The data collected by these devices are
sent to the Traffic Control Centre through digital transmission system. The conditions of the
ORR will be monitored and analyzed through video wall system (large display screen 3x3 -
55'') and workstations in a main Traffic Control Centre (TCC) at Nanakramguda and a sub
Traffic Control Centre at Ghatkesar interchange. Measures will be taken in case of incident
such as congestion, accident, road or lane closure and construction work. The conditions of the
ORR will be disseminated to ORR users through Variable Message Sign (VMS)(47 Nos),
website, SMS etc., 24X7, 365 days.
The project cost including 5 years O&M is about Rs 167.42 Cr.
Contractor: Consortium of EFKON India Pvt Ltd (EIPL) and STRABAG
ANALAGENTECHNIK GMBH
Construction period: 18 months + O&M : 5 years
Works are under progress. Expected to complete by February, 2017
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Illumination on ORR from Gahibowli to Shamshabad :
The Illumination of ORR from Gachibowli to Shamshabad, 24.38 kms in length with LED lights
is taken up at a cost of Rs. 30 Crores.
Name of the contractor: M/s Philips Lighting India Limited.
Cost of Project: Rs.30 Corers
Project Commencement Date :24-10-2016.
Project Completion Date: November -2017
Operation and Maintainence :- 5 years.
1. Main Carriage Way: 929 Nos poles with twin brackets with 210Watts.
2. Service Roads: 2312 Nos poles with single brackets with 90Watts.
3. Up & Down Ramps: 90 Nos poles with single & Double brackets with 90Watts &210
watts.
4. Junction lighting: 35 Nos High Mast poles with 9 Nos light fixtures with 1000watts
Metal halide lamps
5. VUP lighting: The lighting at VUP proposed with 2x28 watts TL-5 florescent tube
lights ( Total Nos. TL-5, Lamps = 228 Nos).
The proposed LED lighting system will be provided with GSM based Automation
System, Web Based Management, Programming and Reporting System. The status
of lighting can be controlled and monitored through Web from anywhere.
The proposed street light automation system will have dimmer option up to 50%. During
low traffic time, power consumption will be reduced to 50%.
Toll Administrative Buildings (TAB) & Toll Canopies (TC):
The Toll Administrative Buildings and Toll Canopies at all 19 Interchanges of ORR are constructed for
housing the TMS & HTMS equipment, staff etc. At a cost of Rs. 114.21 Crores. In addition to this Main
Traffic Command Center and ORR Administrative Building are also constructed at Nanakramguda
Interchange. The work is entrusted in 6 Contract Packages.
Types of buildings and location details are as follows;
Locations
PLINTH
AREA
(Sq.m)
BUILT UP
AREA
(Sq.m)
BUILT UP
AREA
in Sft
Type 1 (7 Buildings) 1. Patancheru, 2.Saragudem,
3.Medchal, 4.Shamirpet,
5.Pedha Amberpet,
6.Bonguluru, 7.Shamshabad
702 1,235 13,289
Type 2 (3 Buildings) 1.Appa, 2.Raviryal,
3.Tukkuguda
539 918 9,878
Type 3 (7 Buildings) 1.Rajendar, 2.NagarKokapet,
3.Idhulnagalpet, 4.Sulthanpur,
5.Keesara, 6.Tharamathipet,
7.Pedha Golconda
427 721 7,758
Type 4 (1 Building) TCC Building @
Nankramguda
670 2,316 24,920
Type 5 (1 Building) Ghatkesar 601 1,309 14,085
Type 6 (1 Building) Nanakramguda 372 711 7,650
HGCL Building 1160 4,820 51,863
***
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ANNEXURE-II
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ANNEXURE-III
