DEPARTMENT OF TOURISM & CIVIL AVIATION - Rites · RITES Ltd or Director/Commissioner, ... Govt. of...

DEPARTMENT OF TOURISM & CIVIL AVIATION

GOVERNMENT OF HIMACHAL PRADESH

RITES /DEOTSIDH/BOT -1/2012

TENDER DOCUMENT for

DEVELOPMENT OF A PASSENGER ROPEWAY

at BABA BALAKNATH TEMPLE

DEOTSIDH (HAMIRPUR) IN HP on

BOT BASIS

BID DOCUMENT No.1

CONTENTS SECTION – I - PRELIMINARY PROJECT

INFORMATION REPORT SECTION – II - INSTRUCTIONS TO BIDDERS SECTION – III - GUIDELINES FOR PROJECT SECTION – IV - TERM SHEET OF CONCESSION AGREEMENT

- ANNEXURE

- TENDER DRAWING

February’ 2012

RITES LTD. (A GOVERNMENT OF INDIA ENTERPRISE)

RITES BHAWAN Plot no. 1, Sector- 29

Gurgaon – 122 001, Haryana

RFP for Development of a Passenger Ropeway at Deotsidh, HP, on BOT Basis

1

RITES LTD

(A Government of India Enterprise)

Tender Notice No. RITES / DEOTSIDH /BOT -1/2012 DEVELOPMENT OF PASSENGER ROPEWAY AT BABA BALAKNATH TEMPLE

DEOTSIDH (HAMIRPUR), HIMACHAL PRADESH

ON BUILT – OPERATE – TRANSFER (BOT) Basis

1. Group General Manager (RW&IE), RITES Ltd for and on behalf of

Commissioner/Director Department of Tourism & Civil Aviation, Govt. of Himachal Pradesh invite Qualification, Technical and Financial proposals on two Bid system from the parties interested in Design, Construction, Development, Finance, Operation & Maintenance of Passenger Ropeway at Baba Balaknath Temple, Deotsidh in Hamirpur, (HP) on Build, Operate and Transfer (BOT) basis for a specified Concession period.

a) RFP Document No RITES /DEOTSIDH/BOT -1/ 2012 b) Name of Work Design, Construction,

Development, Finance, Operation & Maintenance of Passenger Ropeway at Baba Balaknath Temple, Deotsidh in Hamirpur, Himachal Pradesh on Built, Operate, & Transfer (BOT) Basis.

c) Bid Security Rs. 7.84 lakhs. d) Concession period 40 years. e) Sale of RFP Document From 15.02.2012 to 16.03.2012 f)

Receipt of bids & venue

Upto 15.00 hrs on 02.04.2012, Office of Commissioner Tourism & Civil Aviation, Govt. of HP, Block No. 28, S.D.A. Complex, Kasumpti, Shimla - 171009

g) Date, Time & venue of opening of bids

02.04.2012 at 15.30 hrs, Office of Commissioner Tourism & Civil Aviation, Govt. of HP, Block No. 28, S.D.A. Complex, Kasumpti, Shimla - 171009

2. To qualify for the award of the contract, the bidder should fulfill the following

qualification requirements in addition to the other qualification requirements given in RFP document:


2

Item No.

Qualification requirement Minimum Value

a Annual Financial Turnover in any of the last five financial years

Rs. 3.14 Crores

b Work Experience - total revenue from construction and operation & maintenance of ropeways during last 10 years of value

Rs. 6.27 Crores

c. Proof of successful Operation & Maintenance of passenger ropeways during last 10 years.

One ropeway

d. Solvency Rs.3.14 Crores (*) The Minimum values of items at Sl No (a) & (b) above shall be considered

at 2010-2011 Price Level. Weightage of 5% per year over the previous years will be given on compounding basis to bring the minimum value to 2008-2009 Price Level.

3. RFP Documents can be purchased from the office of Group General

Manager (RW&IE), RITES Ltd, RITES BHAWAN, 2nd Floor, Central Wing, Plot No. 1, Sector – 29, Gurgaon – 122001, Haryana, India on any working day between 10.00 hrs and 16.00 hrs on payment of a non-refundable fee of Rs.5000/- (Plus Rs. 250/- if desired by post) in the shape of CROSSED BANK DRAFT in favour of Director Tourism, Govt. of HP payable at Shimla. However, RITES Ltd does not undertake any responsibility on account of postal delay/loss/misdelivery of tender document by post/courier. The bidders who wish to download the RFP document from the RITES/HP Tourism website, will be required the non refundable fees of Rs. 5000/- in the manner prescribed above at the time of submission of the proposal.

4. The bids submitted by the bidders who do not meet the qualification

requirements as required or whose Bids (both commercial and Price) are not valid and open for acceptance for a period less than 6 months from the date of opening of RFP Documents, will be rejected. Earnest Money of the tenders containing restricted validity of Bids is liable to be forfeited. The bids not accompanied by Earnest Money Deposit shall be rejected.

5. Issue of RFP Documents to the bidder will not automatically mean that the

bidder is qualified for the Award of the Contract. The bidders will be required to further fulfill the Qualification Criteria given in the RFP Document before being considered eligible for the Award of Contract. No Condition / Deviation which is either additional or in modification of the Proposal conditions shall be included in the bid submitted by the bidder. If the bid contains any such conditions or deviations from the tender conditions, the bid will be rejected.


3

6. Bids duly completed in all respects along with the requisite amount of Earnest Money Deposit shall be received on the date of opening as given above. These will be opened on the same date in the presence of the bidders or their authorized representatives, who choose to be present in the office of Group General Manager RITES.

7. In case of any discrepancies, the provisions of this Invitation for Proposal

shall take precedence over all other bidding documents.

8. The tender documents are not transferable. The bidders are required to put the tender in the Tender Box personally or through their authorised representative. Bids in sealed condition shall also be received by Post/Courier provided that the Bid is received before the stipulated time and date (as per tender condition) in the receipt section of office of Director/Commissioner Tourism & Civil Aviation, Govt. of HP, Block No. 28, S.D.A. Complex, Kasumpti, Shimla - 171009. Govt. of HP shall not be held responsible for the delay, if any, in the non-receipt of the same. The RFP Notice Number and name of work shall be super scribed on the sealed envelopes.

9. In case the date of opening of the RFP Documents as mentioned above is

declared to be a holiday, the bids shall be received and opened on the next working day at the same time and venue.

10. A Pre bid meeting shall be held in Himachal Bhawan 27, Sikandara Road

near Mandi House N. Delhi – 1 on 05.03.2012 at 11.00 hrs for clarification of any doubt on any condition of RFP document. For this reason queries, if any, must be sent to the office of Group General Manager RITES Ltd by 29.02.2012.

Group General Manager (RW&IE),

RITES Ltd, RITES BHAWAN, 2nd Floor, Central Wing, Plot No. 1, Sector – 29,

Gurgaon – 122001, Haryana, India


4

INTRODUCTION

The information contained in this Request for Proposal (RFP) is being issued to Bidders by RITES Ltd on behalf of Director/Commissioner, Department of Tourism & Civil Aviation, Govt. of Himachal Pradesh, on the terms and conditions set out in this RFP document. The RFP document is not an agreement. The purpose of this document is to provide interested parties with information to assist the formulation of their bid. This RFP document may not contain all the information each Bidder may require. Therefore all bidders are requested to conduct their own investigations, analysis and should check the accuracy, reliability and completeness of the information in this RFP document. It is also advisable to obtain independent advice from appropriate sources. RITES Ltd or Director/Commissioner, Department of Tourism & Civil Aviation, Govt. of Himachal Pradesh, their employees and advisors make no representation or warranty and shall incur no liability under any law, statute, rules or regulations as to the accuracy, reliability or completeness of the RFP document. RITES Ltd or Director/Commissioner, Department of Tourism & Civil Aviation, Govt. of Himachal Pradesh may in their absolute discretion, but without being under any obligation to do so, update, amend or supplement the information in this RFP document.

**********


5

DEFINITIONS AND INTERPRETATION 1.1 Definitions

In this Document, except to the extent otherwise requires:

“Concessioning Authority” means Metropolitan Commissioner/Director, Department of Tourism & Civil Aviation, Government of Himachal Pradesh

(Concessioning Authority herein referred to as CA) “Concessionaire/ BOT operator” means Private Sector Developer to whom concession will be awarded. “Compliance Date” means the date of the letter, on which Concessionaire and CA fulfills the Concession Agreement, shall be the Compliance Date. Obligations of Parties under this agreement commences from this date.

“Concession Period” is the period commencing from the commencement date during which the Concessionaire is authorized to implement the project and to operate project facilities in accordance with the provision hereof. “Construction Completion/ Schedule” is the period commencing from the commencement date during which all the construction activities shall be completed and ropeway will be commissioned and ready to operation. This will include the time required to obtain the clearances and arranging the land “Lead Member” means the member of the Joint ventures/Consortium authorized by all members of the Consortium to incur liabilities and receive instructions for an on behalf of any and all members of the Joint Ventures / Consortium and the entire execution of the Agreement, including payments, shall be done exclusively by the Lead member. “Project” means Design, Construction, Development, Finance, Operation and Maintenance of Passenger Ropeway at Baba Balak Nath Temple at Deotsidh in Dist. Hamirpur, Himachal Pradesh on Built, Operate and Transfer (BOT) Basis “Project Assets/Project Facilities” means all physical and other assets relating to and forming part of the project. This will also include the financial assets such as security deposit for electricity supply, telephone, insurance proceeds etc

1.2 Interpretation

(a) In this RFP, except where the context otherwise requires, reference to:


6

i) the concessionaire includes the subsidiaries of the concessionaire, if any, engaged in concession activities;

ii) a party in the agreement and includes (to the extent permitted by the agreement) their assignees or successors in title;

iii) clauses, parts or schedules are to clauses parts or schedules of this document;

iv) words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders;

(b) The table of contents and the headings provided in this document are for ease of reference only and are to be ignored in construing or interpreting this document or the specific provisions to which they relate.


7

SECTION I PRELIMINARY PROJECT INFORMATION REPORT


8

SECTION I

PRELIMINARY PROJECT INFORMATION REPORT 1.1 INTRODUCTION Deotsidh in the district of Hamirpur in Himachal Pradesh is famous for the

cave temple of Baba Balak Nath. It is situated on the Dhaulgiri hills on the near the border of Bilaspur and Hamirpur (185 Kms from Chandigarh and 54 Kms from Hamirpur Town) and is well connected by roads from all sides. During Navratras, there is a continuous stream of visitors to receive blessings of the Baba and Government makes arrangements for stay in tented colonies and provides water, toilets and other essential services. En-route Deotsidh, one can enjoy pleasing sights of Bhakra Dam as well as of Shri Naina Devi temple complex.

Director/Commissioner, Department of Tourism & Civil Aviation, Govt. of

Himachal Pradesh [hereinafter referred as Concessioning Authority (CA)], is the nodal agency responsible for promotion of ropeway project in the state. Concessioning Authority has initiated an ambitious project to commission a ropeway at Baba Balaknath Temple, Deotsidh (Hamirpur). RITES Ltd, Gurgaon are the Consultant for the project.

1.2 PROJECT LOCATION

1.2.1 HAMIRPUR

Hamirpur District is situated between 76º 18' to 76º 44' East longitude and 31º 25' to 31º 52' North latitude. The tract is hilly covered by Shivalik range. The elevation varies from 400 meters to 1100 meters having the configuration ranging from the almost flat-lands that border the portion of rivers Beas to the lofty heights of cliffs and precipitous slopes of hill-ranges. There are three principal ranges which run in a South-Easterly direction. It is situated at lower elevation and comparatively warmer but has some hilly ranges covered with Pine forests. This district was made in 1972 by carving it out from the Kangra district. It is well connected by roads from all sides. At present the known tourist attractions are Deotsidh Temples of Sujanpur Tira and Nadaun. Hamirpur town is the Headquarter of this District, which lies on Shimla Dharamshala road. Majority of the population here comprise of Hindus. Bulk of the people speaks Pahari. Hamirpur is the most Literate district in Himachal Pradesh. The majority of its population fluently speaks Hindi. Beas River flows through the northern part of and Satluj river flows through the southern part of district Hamirpur. Both of these two rivers namely Beas and Satluj are the famous rivers in Himachal Pradesh.


9

1.22 DEOTSIDH Deotsidh a famous pilgrim town is 56 km, away from Hamirpur town and only 5-6 km from Shah-Talai. Dedicated to Child Saint Baba Balaknath a cave temple is located here on a spur of a hill. As the name suggests, Deotsidh means 'Light of Truth'. The cave temple always remains lighted. Women are forbidden to enter the cave and thus pray and make their offerings on the entrance only. Baba Balak Nath ji is a Punjabi and Hindu deity worshipped in the northern Indian states of Punjab and Himachal Pradesh. The shrine is known as "Deotsidh". Baba Balak Nath ji's Temple is situated at village Chakmoh of district Hamirpur on the hill top. The temple has a natural cave carved in the hills which is considered to be the abode of Babaji. A murti image of Babaji is placed in the cave. The devotees offer rot, which is prepared with flour and Sugar / Gur, at the altar of Babaji. Goats can also be offered to Babaji as a gesture for his love. Goats are not killed there; rather they are being fed there. The entry of females in the cave is forbidden. However, there is a raised platform just opposite to the cave from where the females can have Darshan of the Babaji's image. Six kilometers further from the temple, is a place named "Shah-Talai" where Babaji is said to have practiced Dhyana meditation.

Temple complex has the maximum spread of not less than 2 sq. Kilometers which can be easily covered in a time frame of about 4 hours.

1.3 GENERAL INFORMATION ABOUT DEOTSIDH

Airport: Nearest airport is Chandigarh (185 Km from Deotsidh) Daily Flights are available from Delhi and Bombay Railway: Nearest Railway Station - Una (68 Km from Deotsidh) Daily trains are available from Delhi to Una. The nearest major rail junction is Chandigarh, which is about 198 km away from Deotsidh. Roadways: Almost each and every part of the state is linked by roads. The Himachal Road Transport Corporation is running its buses covering the whole state. There is huge network of HRTC to cater the needs of the people. The road distances are: Shimla 138 km., Delhi 441 km., Kullu 148 km. Chandigarh 185 Km, Dharamshala 128 Km, Palampur 39 km.

1.4 REASONS FOR INTRODUCTION OF ROPEWAY

It is proposed to introduce a passenger ropeway at Baba Balaknath Temple, Deotsidh which was primarily considered because of the following reasons:

Presently tourist visit to the temple on foot or by a road, This ropeway will facilitate the pilgrims


10

Introduction of an alternate and environment friendly transportation arrangement upto temple would boost tourism beside enhancement of socio economic benefit.

Ropeway ride would be an added attraction. 1.5 TOURIST TREND 1.5.1 The tourist arrival at Baba Balak Nath Temple during 2008 – 2009 is given

in Table – 1 Table 1

Month No. of Pilgrims

2008 2009 January 1,04,000 1,10,000 February 1,22,000 1,24,000

March 4,70,000 5,05,000 April 4,26,000 4,30,000 May 2,75,000 2,80,000 June 2,80,000 2,82,000 July 2,30,000 2,40,000

August 1,10,000 1,15,000 September. 1,28,000 1,32,000

October 1,52,000 1,51,000 November. 1,36,000 1,40,000 December 80,000 85,000

Total 25,13,000 25,94,000

2.1.1 As per current indication, 60% of pilgrims arrive by their own cars/ taxis upto the barrier. From barrier they walk 300 m on foot and climb further 293 steps to reach upto temple.

1.5.2 It is considered that 20% of present pilgrims of temple would use this ropeway. Annual Growth rate is considered 3%. Bidder is however advised to undertake market assessment studies in the form of opinion poll and traffic projection, prior to the submission of Technical and Financial Bids.

1.6 IMPLEMENTATION FORMAT 1.6.1 CA intends to implement this project on Build, Operate and Transfer

(BOT) basis wherein private sector party would be responsible for Designing, Construction, Development, Finance, Operation, Maintenance, and management of the entire project during Concession period (herein referred as CP) of 40 years (Inclusive of design / construction period).


11

CA invites Technical and Financial bids from reputed national / international firm, having Technical & Financial strength as specified in Notice Inviting Tender (NIT) and also specified in this RFP document. Bidders shall submit technical & financial bids as specified in this RFP document

1.6.2 Key target dates of the bidding process would be as follows:

Issue of RFP 15.02.2012 to 16.03.2012

Last date of sending clarifications 29.02.2012

Pre Bid Meeting 05.03.2012

Submission of Bids 02.04.2012

1.7 PROCUREMENT OF RFP DOCUMENT

1.7.1 The RFP document may be obtained by a written request accompanied by

Rs 5,000.00 (Rs. Five Thousands only) by a crossed demand draft, non-refundable drawn in favor of Commissioner Tourism, Govt of HP payable at Shimla. The RFP document can be procured from office of Group General Manager (RW&IE), RITES Ltd, RITES BHAWAN, 2nd Floor, Central Wing, Plot No. 1, Sector – 29, Gurgaon – 122001, Haryana, Phone -91-0124-2571627, Fax-+91-0124-2571627 in all working days (both days including) between 11 AM to 4 PM respectively.

1.7.2 Interested firms may contact the following for any further clarifications.

Group General Manager / General Manager / Senior Deputy General Manager of RW&IE Division RITES Ltd,

RITES BHAWAN, 2nd Floor, Central Wing, Plot No. 1, Sector – 29, Gurgaon – 122001, Haryana

Phone -91-0124-2571627/ Phone -91-0124-2518267

*********


12

SECTION II INSTRUCTIONS TO BIDDERS


13

SECTION II

INSTRUCTION TO BIDDERS 2.1 PROJECT PROPOSAL

The scope of project is designing, construction, development, financing, operation and maintenance of a ropeway at Baba Balak Nath Temple Deotsidh (Hamirpur)during the Concession Period (CP) in accordance with the terms and conditions as described in this RFP document as well as concession agreement (Term sheet in Section IV) to be signed between the CA and BOT operator. The CP will be 40 years and the operator on best returns basis would fix the rates.

The project would be transferred to CA after the expiry of concession period of 40 years at book value of project assets, based on the historic investment (net of depreciation) created by the Concessionaire less intangible assets. It is specially clarified here that the total cost of project assets would not include the cost of original project facility which was provided to the concessionaire. The bidder is expected to submit a detailed technical proposal as technical bid. The CA had engaged M/s RITES, Gurgaon as Consultant for undertaking a ground survey of the project influence area. The salient features of the said report are provided to bidder along-with this document for reference only.

2.2 SCOPE OF BIDDER 2.2.1 Execution of Ropeway

The ropeway system would be Fixed Grip Monocable Gondola Ride system. This should be an indigenous system. Detail specification of the ropeway is given in Section III.

2.2.2 Land Detail: a. Lower Terminal Point (LTP) is proposed near the area is situated

on Gurna – Ki – Jhari road. It is just before the girl’s school near municipal car parking. At present the land is cultivated land with private ownership. The area of LTP is falling under Khasra No. 762. The land shall be arranged by concessionaire at his own cost. The altitude of the area is 578.88m.

b. Upper Terminal Point (UTP) is located near the main security entrance (before queuing area) of Baba Balaknath temple, which is also opposite to PWD rest house and below the water tank near


14

Charan Paduka Mandir. From this point, devotees shall have to negotiate further 59 stairs to reach the last security point. The area of upper terminal is falling under Khsara no. 920/1 & 2. The jurisdiction of land is with lies with the Temple authority since falling in temple complex , however the permission of forest department may be needed. The land shall be arranged by concessionaire at his own cost. The altitude of the area is 893.89m.

c. Towers: The number and location of towers shall depend upon the system design to be proposed by the developer in the technical bid. The ropeway corridor and the land required for erection of towers belongs to Private land and land of Forest department. The Govt/Forest land shall be arranged by concessionaire at his cost. The private land shall also be transferred/acquired/purchased by concessionaire at his cost.

2.2.3 Associated amenities

The bidder shall also develop & maintain the Public Toilets at LTP and associated facilities / public amenities for user convenience: -

The general toilet blocks at the lower terminal shall consist of the following:

One Indian style, one western W.C, four urinals and two wash basins for gents.

One Indian style, one western W.C and two wash basins for ladies

2.2.4 Area Management Plan

The bidder shall be responsible for general upkeep of the Project Area. The broad activities to be taken as part of area management shall include solid waste management, liquid waste management, provision of public conveniences and utilities such as toilets, etc. Following activities shall form part of Area Management Plan. a. Provision of utilities and public convenience facilities within the

Project Site including disposal of waste. b. Provision of drainage system in the project influence area. In

undertaking this activity, operator will need to ensure that the natural drainage pattern within the Project Area remains unaltered.

c. Maintain the project influence area (Lower Terminal, Right of Way, Upper Terminal).

d. Any activity required to be done as suggested by statutory authority in the environmental clearance of the project shall also be the responsibility of bidder.

The bidder shall submit a detail Area Management Plan as part of its Technical bid submission.


15

2.3 BIDDER’S RESPONSIBILITY FOR THE DATA 2.3.1 While preparing the Technical and Financial Bids, the bidder shall

consider the information provided in this RFP, in totality. The project site details of the Project are based on the instrument surveys carried out by M/s RITES, Gurgaon, However, Bidders shall be wholly responsible for all the details of its Bid, the physical and site conditions, the execution methodology, etc.

2.3.2 Bidder is advised to carry out necessary technical survey, field

investigations, market & demand assessment, etc at its own cost and risk before submitting the Technical and Financial Bid.

2.4 TERMINOLOGY 2.4.1 Throughout the RFP document, unless indicated otherwise by the context,

the terms bid, proposal, tender and their derivatives (Bidder / Proposer / Tenderer / BOT Operator / Concessionaire, Bidding/ Proposing / Tendering), and so on are synonymous; and day means calendar day, week means calendar week, month means calendar month, and so on; and the singular also means plural.

2.4.2 In order to accomplish a comprehensive, expeditious and fair solicitation

process, Bidders are advised to review the contents of RFP carefully and seek clarification if any. Bidders may obtain clarifications at the address given in Clause 1.7.2 of Section I of RFP and the same shall be issued by CA / Consultant.

2.5 AMENDMENT OF RFP DOCUMENT

a. At any time prior to the deadline for submission of Bid, CA may, for any reason, whether at its own initiative or in response to clarifications requested by any Bidder, modify the RFP Document by the issuance of Addenda. Any Addenda shall be considered part of the bidding documents. CA will conduct a pre-bid meeting on the date and venue mentioned in NIT.

b. Any Addendum thus issued will be sent in writing to all those who have purchased the Bid Document.

c. In order to provide the Bidders a reasonable time in which to take an addendum into account, or for any other reason, CA may, at its discretion, extend the Bid Submission Due Date.

2.6 CONSTITUTION OF BIDDERS

a. The Bidder may be a single legal entity or a group of legal entities (Joint Ventures/ Consortium), coming together to implement the Project. The term Bidder used hereinafter would therefore apply to a single entity and a JV / Consortium.


16

b. The Bid Document must be purchased by the Bidder or any member of the Consortium submitting the Bid.

c. An individual Bidder cannot at the same time be member of a Consortium applying for this Project. Further, a member of a particular Consortium cannot be member of any other Consortium applying for this Project.

d. Any entity which has been barred by State Govt. of HP, Govt. of India or any other state agencies or Concessioning Authority from participating in any projects (BOT or otherwise) and the bar subsists as on the Bid date, would not be eligible to submit any Bid, either individually or as member of a Consortium.

2.7 RULES FOR BIDDING

a. Each Bidder shall submit only one (1) Bid, in response to this RFP. Any Bidder, which submits or participates in more than one Bid will be disqualified and will also cause the disqualification of the Consortium of which it is a member.

b. Any firm participating in this bidding process will be ineligible for

being hired by the CA as Consultant or in any other capacity that require neutral, unbiased opinions or judgments on this project.

c. Bidders shall provide evidence of their eligibility, as given in section

below, in a manner that is satisfactory to CA and as may be requested till signing of Concession Agreement. A Bidder may be disqualified if it is determined by CA, at any stage of bidding process, that the Bidder will be unable to fulfill the requirements of the Project or fails to continue to satisfy the qualifying criteria. Supplementary information or documentation regarding qualifications may be sought from the Bidders at any time and must be so provided within a reasonable time frame stipulated.

2.8 PRE-QUALIFICATION CRITERIA FOR BIDDER 2.8.1 The objective of Pre-Qualification criteria is to ascertain the strengths of

the sole bidder/bidding consortium. Bidders would be evaluated against the following Pre-Qualification (Financial and Technical) criteria and those found to conform to the same would be short-listed as pre-qualified.

2.8.1.1 Financial Criteria

a. Annual Turnover of the lead firm (in the case of Consortium or Bidding Firm, as the case may be) shall not be less than Rs. 3.14 Crore in any one of the last 5 years. The last five completed financial years for all purpose shall be 2009-2010, 2008-2009, 2007-2008, 2006-2007, 2005-2006,. A weightage of 5% per year (compounded annually) shall be given to bring financial turn over of the previous years to the price level of the current year for equating the works of the previous years to the current year.


17

b. The bidder or lead firm (in the case of Consortium or Bidding Firm, as the case may be) shall be a net profit making firm and shall not have made losses in any of the last two financial years or any 3 out of last 5 financial years.

c. The bidder or lead firm (in the case of Consortium or Bidding Firm, as the case may be) will submit a solvency Certificate of minimum solvency of Rs. 3.14 Crore from the Bank as per Annexure 12.

d. The detail working of the Turnover is to be submitted along with the Technical Proposal (Part I). The above-mentioned information is to be submitted in format as per Annexure 9 along with the Technical Proposal (Part-I).

2.8.1.2 Technical Criteria:

a. Should have generated total revenue from construction and operation & maintenance of ropeways during last 10 years of value Rs. 6.27 crores. A weightage of 5% (compounded annually from the date of completion of the work to the submission of the bid) shall be given for equating the works of the previous years to the current year.

b. All the commissioned projects should have complied with relevant standards in the country of execution.

The successful completion certificate / other relevant certificate(s) from client / concerned authority should be submitted in support of the eligibility claims along with the Technical Proposal (Part I) as per Annexure 7 along with the Technical Proposal (Part-I).

2.8.1.3 Operational Criteria

Bidder should be currently operating & maintaining from last Ten years at least one Passenger Ropeway system. The certificate(s) from client / authority should be submitted in support of the eligibility claims along with the Technical Proposal (Part I) as per Annexure 8 along with the technical bid (Part-I)

2.8.2 The Bidding Firm, not able to meet Technical & Operational

experience on its own, can become eligible by fulfilling the following arrangements that contractually brings the required technical and operational experience, as under: a. Bidding consortium shall enter into an Engineering, Procurement

and Erection & Commissioning Contract for Ropeway System, with the supplier meeting minimum technical eligibility criteria in clause 2.8.1.2. However an MOU with this technology provider can be enclosed while submitting the bid, which is to be converted to an agreement after finalization of the bid. The bidding firm is not permitted to change the supplier after the submission of the bid.

b. The supplier selected above and responsible for supply, erection and commissioning of the Ropeway system shall train the staff of


18

the bidder for Operation and Maintenance of the Ropeway system. Bidder shall sign an Operation and Maintenance support Contract for Ropeway System for a period of minimum 1-year with a provision of quarterly visits by technical staff of the supplier meeting technical eligibility criteria. However an MOU with this supplier can be enclosed while submitting the bid, which is to be converted to an agreement after finalization of the bid.

c. Considering the limited suppliers in the field of ropeway, there is no restriction on the ropeway system supplier to associate with only a single bidder. Different bidders can submit the MOU with a particular supplier. However the bidding firm is not permitted to change the supplier after the submission of the bid.

2.8.3 Joint Ventures (JV) / Consortiums

Bids submitted by a JV consortium / company of two or more persons, as partners shall comply with the following requirements as per Annexure– 10;

a. Shareholding commitment(s) in accordance with of the RFP

Document, which would enter into the Concession Agreement and subsequently carry out all the responsibilities as Concessionaire in terms of the Concession Agreement, in case the Concession to undertake the Project is awarded to the JV/Consortium.

b. The JV Agreement shall state clearly the responsibilities proposed to be shared among the members of consortium during project execution and implementation.

c. The Lead Member shall be authorized by all members of the Consortium to incur liabilities and receive instructions for an on behalf of any and all members of the Joint Ventures / Consortium and the entire execution of the Agreement, including payments, shall be done exclusively by the Lead member.

d. All members of the Joint Ventures / Consortium shall be jointly and severally liable for the execution of the Agreement in accordance with its terms & conditions, and a statement to this effect shall be included in the Authorization mentioned above and shall be agreed to in the other Contracts, to be entered between the Bidder and other Contractors / sub-Contractors, Agents, should the Bidder be selected.

e. Notwithstanding anything state in Clause below, the lead member of the JV / Consortium shall be responsible for all the liabilities arising under or pursuant to the Concession Agreement.

2.8.4 The member of the JV cannot be replaced till one year of

commencement of commercial operations. Thereafter, contracting parties can be changed with prior permission of CA, with the new


19

members of the JV taking the obligations and residual liabilities of the Concession Agreement in continuation. However, in extreme circumstances, the member of the JV can be replaced before the above time period, provided that this change will only be agreed to before starting of the construction activities of the project and will have no bearing on the construction period of the project. Change in the composition of a Consortium may be permitted by Concessioning Authority only where: a. The modified Consortium would continue to meet the Qualification

criteria for Bidders. b. The new member(s) expressly adopt(s) the Bid already made on

behalf of the consortium as if it were a party to it originally. c. The modified Consortium would be required to submit a revised

Memorandum of Understanding. d. Approval for change in the composition of a Consortium shall be at

the sole discretion of CA and must be approved by CA in writing. 2.9 BIDDER’S RESPONSIBILITY BEFORE BID SUBMISSION

a. The Bidder shall ensure that the bid is complete in all respects and conforms to all requirements indicated in the Bid Documents.

b. Bidders shall be wholly responsible for all the details of its Bid, the physical and site conditions, the execution methodology, etc.

c. Bidder is advised to carry out necessary technical survey, field investigations, market & demand assessment, etc at its own cost and risk before submitting the Technical and Financial Bid.

d. Bid Preparation Cost: The Bidder shall be responsible for all of the costs associated with the preparation of its Bid and its participation in the selection process. Concessioning Authority will not be responsible or in any way liable for such costs, regardless of the conduct or outcome of the selection process.

e. Familiarity with Clearances: The Bidder should be familiar with the clearances required from various authorities to commence work. A Bidder shall be deemed to have carried out preliminary checks with relevant authorities.

f. It would be deemed that by submitting the Bid, Bidder has: (i) Made a complete and careful examination of the Bid

Document. (ii) Received all relevant information requested from CA and CA

shall not be liable for any mistake or error on the part of the Bidder in respect of the above.

2.10 LANGUAGE OF BID

The Technical and Financial Bid, and all correspondence and documents related to the Bid exchanged by the Bidder and CA shall be written in the English language. Supporting documents and printed literature furnished


20

by the Bidder may be in another language provided they are accompanied by an accurate English translation of the relevant passages, in which case for purpose of interpretation of the bid, the English translation shall prevail. Any material that is submitted in a language other than English, and which is not translated into English, will not be considered.

2.11 CURRENCIES OF BID AND PAYMENT

All Financial Bids shall be in Indian Rupees only.

2.12 VALIDITY OF BIDS

a. The Bids submitted shall remain valid for 180 days from the date of submission.

b. In exceptional circumstances, Concessioning Authority may request the Bidders to extend the period of validity for a specified additional period. The request and the Bidders response shall be made in writing. Bidder may refuse the request without forfeiting its bid security. Bidder agreeing to the request will not be required or permitted to modify its Financial Bid, but will be required to extend the validity of the bid security for the period of extension.

2.13 POWER OF ATTORNEY

a. Power of Attorney duly notarized and on a stamp paper of an appropriate value, issued and signed by each member of the bidding consortium / JV, appointing the lead member to act on its behalf in such capacity as its representative for the implementation of the Project by Consortium / JV shall be submitted.

b. Power of Attorney duly notarized and on a stamp paper of any appropriate value, issued and signed by the lead member in favor of the specified person to act as the official representative of the Consortium /JV for the purpose of signing documents, making corrections / modifications and interacting with CA and acting as the contact person shall be submitted.

2.14 SUBCONTRACTORS

The Bidders shall provide, in the Technical Bid, the names and relevant experience of subcontractors, agents, and agencies to be retained for executing the construction and operation activities on behalf of bidding consortium.

2.15 BID SECURITY

a. The Bidders shall furnish Bid Security along with the Technical Proposal in Part 1, a Bid security amounting to Rs. 7.84 Lacs.

b. Bid security shall be in the form of crossed Demand draft or pay order from a schedule bank in India payable at Shimla in favor of


21

Commissioner Tourism, Govt. of HP. The FDR/Call receipt for a period of 8 months or more after the last date of receipt of Bid and that it is pledged in favour of Commissioner, Department of Tourism & Civil Aviation, Govt. of Himachal Pradesh shall also be accepted as Bid Security. “Bid Security can also be accepted in the form of Bank Guarantee from a scheduled bank, valid for a period of 240 days, in favor of Commissioner Tourism, Government of HP, payable at Shimla.”

c. CA shall reject any bid not accompanied by an acceptable Bid Security in the manner stated above as non-responsive. The Bid Security of a joint venture must be in the name of the joint venture submitting the Bid.

d. The Bid Security will stand forfeited if: (i) Bids are withdrawn within the validity period. (ii) Failure to sign Concession Agreement, in case of Preferred

Bidders. e. The Bid Security of the unsuccessful bidder shall be refunded

within 30 days after signing of Concession Agreement with preferred bidder.

f. The Bid Security of the successful bidder will be refunded within 30 days of submission of performance security.

2.16 PROJECT DEVELOPMENT SUCCESS FEES

a. The Project development success fee equivalent to Two percent (2%) of total project cost as per concession agreement to be signed between CA and BOT operator shall be given by the successful bidder for the cost of development of this project, at the time of signing of Concession Agreement. This project development success fee forms part of total project cost.

b. The Project Development Success Fees shall be paid in form of two separate Demand Drafts from any Scheduled Bank of India. One DD amounting to 1 % of Project cost will be in favour of Commissioner, Department of Tourism & Civil Aviation, Govt. of Himachal Pradesh payable at Shimla, HP. Another DD amounting to 1 % of Project cost will be in favour of RITES LTD payable at GURGAON, Haryana.

2.17 SEALING & MARKING OF BID

2.17.1 Technical Bid

a. Each bidder will be required to submit a Technical Bid to CA. Technical Bids that are responsive will be evaluated further. The bid that is not responsive with the requirements will be rejected and the Bidder will be precluded from any further participation in the bidding process. The responsiveness of the Technical bid would be


22

assessed based on Responsiveness criteria followed by a step-wise evaluation procedure indicated in Clause 2.26 of this Section.

b. Technical submissions should be in two separate parts as indicated here below. (i) Part 1: Documents fulfilling Responsiveness requirements (ii) Part 2: Project proposal comprising of Project Development

Plan. c. The Technical submission shall contain the following documents:

Part 1 (i) Covering Letter (Annexure 1) (ii) Checklist of enclosed documents (Annexure 2) (iii) Bid Security (Annexure 3) (iv) Power of Attorney for the Lead Member (Annexure 4) (v) Power of Attorney for an authorised person in Lead Member

Firm (Annexure 5) (vi) Joint Venture Agreement (vii) Capability Statements along with Audited Annual Reports,

comprising of Balance Sheet and Profit & Loss Account, of the lead firm, for the last Two years (Annexure 7, 8 & 9).

(viii) Total Investment proposed Part 2 Project Development Plan covering all the project components. The bidder shall follow the Guidelines and Development Controls, provided in Section 3 of RFP, for preparing the Project Development Plan.

d. Bidders shall prepare and submit, on or before the date and time, one (1) original and one (1) copy of both Parts of the Technical Bids. The submissions must include all documents as specified in this RFP document.

e. The Bidder shall seal the original and copy of Part 1 and Part 2 of the Bid in separate envelopes duly marking the envelopes as ORIGINAL and COPIES of Technical Bid as applicable. The envelopes shall then be sealed in an outer envelope duly labeled as TECHNICAL BID.

2.17.2 Financial Bid

a. Financial Bid must be submitted to CA in a manner specified in this

RFP document (Annexure 6). The Financial bids will be held in the safe custody with CA until Technical Bids have been evaluated completely. The instruction for the preparation of Financial Bid is provided in Section 3 of RFP. For analysis the bidders are requested to indicate total Investment proposed and tariff from passengers.

b. The other submissions accompanying the Financial Bid are given below:


23

(i) Tourist Demand Estimate for 40 years (ii) Tariff structure for Ropeway for each year during

Concession Period (iii) Revenue estimates for each year during Concession Period (iv) Cost estimates providing total project cost and break-up of

initial construction cost of each project component, financing cost interest during construction and other overheads

(v) Estimates for Operation & Maintenance costs for each year during Concession period

(vi) Financing Plan for the project indicating sources of funding (vii) Project Profit & Loss Statement for 40 years (viii) Project Cash Flow Statement for 40 years (ix) Project Balance Sheet for 40 years

c. Bidders shall prepare and submit one (1) original of the Financial Bid along with the Technical Bid. No copies of the Financial Bid are required to be submitted. The Bidder shall seal the Financial Bid in an envelope, duly marked as FINANCIAL BID.

2.18 SEALING OF BIDS

a. Bidder shall seal both the envelopes in an outer envelope duly marked as: TECHNICAL & FINANCIAL BID FOR ROPEWAY PROJECT AT BABA BALAKNATH TEMPLE DEOTSIDH (HAMIRPUR), HP. The outer Envelop shall be addressed to: Commissioner Tourism & Civil Aviation, Govt. of HP, Block No. 28, S.D.A. Complex, Kasumpti, Shimla – 171009, Himachal pradesh

b. If the outer envelope is not sealed and marked as above, CA will not assume any responsibility for the misplacement or premature opening of the bid.

2.19 SUBMISSION OF BIDS

a. Technical and Financial Bids must be submitted, not later than 15.00 Hrs on the date as mentioned in NIT, at the following address: Commissioner Tourism & Civil Aviation, Govt. of HP, Block No. 28, S.D.A. Complex, Kasumpti, Shimla – 171009, Himachal pradesh

b. The bids received by CA after the deadline for it submission will be returned unopened to the Bidder and will not be considered for evaluation. There will be no exceptions to this requirement. It is the Bidder’s responsibility to ensure that CA receives the bids by the designated date and time.

2.20 MODIFICATION OR WITHDRAWAL OF BIDS


24

a. The Bidder may modify or withdraw its Bid after submission, but

prior to the deadline for submission of bids, provided that CA receives a written notice of the modification or withdrawal. The responsibility of submitting the modified bid, within the deadline for submission of bids will rest solely with the bidder.

b. Bidder shall not be allowed to modify the Bid after the deadline for submissions. Bidder shall be allowed to modify the bid after the last date, only if the same is requested by CA, to accommodate clarifications on the Bid submitted, subject to the Bid substantially conforming to the requirements for this solicitation.

c. In the event of withdrawal of a Bid by the Bidder within the validity period, the Bid Security, submitted by the bidder, shall stand forfeited.

2.21 OPENING OF TECHNICAL BIDS

CA/RITES will open the Technical Bids in the presence of Bidders designated representative who choose to attend, at the time, date, and location given in NIT. The Bidders representative shall sign a register evidencing their attendance.

2.22. OPENING OF FINANCIAL BIDS

The Evaluation Committee shall open the financial Bids after completing the evaluation of Technical Bids, in the manner specified in this RFP document. The Financial Bids will be opened only for those bidders that pass the technical evaluation criteria. The opening shall be undertaken in the same manner as the Technical Bids. The Financial Bids of technically non-responsive bids will be returned unopened.

2.23 PROCESS TO BE CONFIDENTIAL

Information relating to the examination, clarification, evaluation and comparison of proposal and recommendations for the award of a contract shall not be disclosed to Bidders or any other persons not officially concerned with such process until the award to the Preferred Bidder has been announced. Any effort by a Bidder to influence CA processing of bids or award decisions may result in the rejection of the bid.

2.24 CLARIFICATION OF BIDS

To assist in the examination, evaluation, and comparison of proposal, CA may, at its discretion, ask any Bidder for clarification. CA may utilize services of any consultant or other advisor to assist in the examination, evaluation and comparison of proposals. However, clarifications if any required from bidder, shall be in written form and will be communicated to bidder by CA.


25

2.25 CORRECTIONS OF ERRORS

Bids determined to be substantially responsive will be checked by CA for any arithmetic error. Wherever there is discrepancy between the amounts in figures and in words, the amount in words will govern. The corrections made by CA, as explained above, shall be considered as binding upon the bidder. If the bidder does not accept the corrections in proposal, CA may reject the Bid and Bid Security will be forfeited.

2.26 EVALUATION OF BIDS

2.26.1 Prior to the detailed evaluation of Technical Bid, CA will determine if the Bidders submission is Responsive with the Technical Bid requirements. If the submission is Responsive, Evaluation Committee will review and evaluate the Technical Bid. If the submission is not responsive, the submission will be rejected and the Bidder will be eliminated from the further evaluation process. The right to determine the Responsiveness or otherwise will rest solely with the CA and no correspondence and / or representation towards this will be entertained. Responsiveness of the Bid shall be assessed on the basis of following: (i) Bid is received by the due date (ii) It includes requested information for evaluation and / or is in the

formats specified. (iii) It is signed and sealed in the manner and to extent indicated. (iv) It is accompanied with a valid Bid Security. (v) The financial / technical / operational capability of the sole bidder /

Bidding consortia meets the pre-qualification criteria as specified in this document.

2.26.2 Evaluation of Technical Bid

a. The Technical Proposals of the bidders, whose bids are found

responsive as per abovementioned process would be opened and evaluated as per the following criterion:

No. Parameters 1. Technology Proposed Conformity with applicable standards 2. Total Investment proposed 3. Provision of Public amenities / support infrastructure 4. Land requirement for project (ROW / UTP/ LTP /support

infrastructure / associated amenities) 5. Minimum Tree cutting requirement 6. Minimum No of intermediate towers 7. Basic Operational Plan for project including staffing


26

8. Repair & maintenance Plan (Minimum of Max down time, etc) 9. Safety/ emergency / rescue plan

10. Associated Amenities and Area Management Plan

b. Based on the evaluation of the technical proposals, the technical qualification of the bidders shall be decided.

c. For the bids that do not meet the technical guidelines provided for each sub-component, CA may seek clarifications or modifications to the same.

2.26.3 Evaluation of Financial Bid

a. The financial bids of all the qualified bidders shall be opened. The

Bidder would be ranked in the descending order of the Minimum Guaranteed Amount (MGA) offered in the financial bid (F1, F2, F3, etc).

b. Bidders are required to submit the Financial Bid in the form of MGA to be paid to CA in year one (1) (format provided in Annexure 6).

2.27 NEGOTIATIONS

a. The bidder quoting the highest MGA (F1) shall be declared as most competitive financial bid and shall be invited for negotiations on technical as well as financial Proposal. Negotiations will be held at the office of the CA.

b. Negotiations will include a discussion of the proposal, the proposed ropeway, technology / equipment to be used, work management plan / environment management plan and revenue projections. The Concessioning Authority and selected BOT operator will then work out agreed final scope of work, development, operation & maintenance of ropeway / associated infrastructure revenue sharing, staffing, and bar charts indicating activities and reporting.

c. The negotiations will conclude with a review of the draft form of the concession agreement. To complete negotiations the CA and the bidder will initial the agreed contract.

d. If the negotiation succeeds the selected bidder shall be invited to sign the concession agreement.

e. If negotiations fail, the CA will invite the bidder quoting second-highest MGA (F2) for negotiations. The process shall be repeated till negotiation is successful and preferred bidder has been identified.

2.28 AWARD OF CONCESSION

The intention to sign Concession Agreement would be conveyed by CA to the Preferred Bidder with whom negotiation concluded successfully and who satisfies all other compliance requirement. Prior to expiration of the


27

period of proposal validity, CA will notify the preferred Bidder by fax confirmed by registered letter that its bid has been accepted.

2.29 CONCESSIONING AUTHORITY’S RIGHT

CA reserves the right to accept or reject any proposal, and to annul the bidding process and reject all proposals, at any time prior to the award of Concession, without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for CA’s action.

2.30 PRE-CONDITION FOR SIGNING THE CONCESSION AGREEMENT

After completing the evaluation of Financial Bid and identify the Preferred bidder, CA shall issue a Letter of Intent (LOI) to the Preferred Bidder, indicating its intention for signing the Concession Agreement. The preferred bidder shall submit a Letter of Acceptance (LOA) within seven (7) days of issue of Letter of Intent (LOI). CA shall then invite the preferred bidder to sign the agreement.

2.31 SIGNING OF CONCESSION AGREEMENT

Term Sheet detailing main Term and Condition of Concession Agreement has been provided as Section 4 of RFP. Bidders may provide their comments on the Term Sheet of Concession Agreement in a written form. CA will sign the Concession Agreement with the Preferred Bidder after the necessary pre-condition has been fulfilled.

2.32 PERFORMANCE SECURITY

For successful performance of the project, the performance security will be 10.00 Lakhs accepted in the form of Bank Guarantee from a scheduled bank, valid for a period of 6 months beyond construction period, in favor of Director Tourism, Government of HP, payable at Shimla. This Performance Security will be refunded after commissioning of Ropeway.

************


28

SECTION III GUIDELINES FOR PROJECT


29

SECTION III

GUIDELINES FOR PROJECT

3.1 INTRODUCTION

Section III of RFP contains guidelines for the bidders relating to different project components. Bidders are advised to follow these Guidelines for preparing the project designs, cost estimates and project development plan and bid document. Bidders are advised to go through the HP Ropeway Act. a. Arrangement of land

The land details and its ownership are given in clause 2.2.2 of Section II of RFP document. Arrangement of land for the construction of ropeway terminals, ropeway corridor including land required for tower foundations and land for other public amenities shall be arranged as under:

The Government / Forest land shall be arranged on lease / transfer by concessionaire at their own cost. The cost of compensation, NPV for forestation and other compensation, if any shall be borne by the concessionaire. The Government land, if required, shall be given on lease basis as per lease rules for a period of 40 years, which shall be reverted back to CA immediately after the expiry of lease period without any cost.

The Private land required for above activities, if any, shall also be arranged by concessionaire at their own cost. The land shall be transferred to Government at NIL cost at the time of transfer of Project to CA.

The role of Department of Tourism in arrangement of Government / Forest land / Private Land will be limited to that a facilitator only and to writing of letter to the concerned authority / signing on behalf of Government.

b. Environmental clearance Environment clearance of the project, as per Notification dated 14.09.06 or latest notification issued by ministry of Forest and Environment shall be the responsibility of concessionaire at his own cost. The role of Govt. of Himachal Pradesh shall be limited to writing of letter to the concerned authority and participating as the project proponent. Avalanche study, if required to design the towers or suggested by Environment clearance committee shall also be in the scope of concessionaire at his own cost


30

c. Appointment of supervision consultant M/s RITES Ltd (A Govt of India Enterprise), Sector 29 Gurgaon – 122001 shall be the supervision consultant for the project. The fees of consultant shall be decided mutually between the concessionaire and RITES and an agreement with RITES shall be submitted by concessionaire before signing of the concession agreement. The payment to RITES shall be made by the concessionaire. The scope of work of the supervision consultant shall be as per annexure - 11.

d. Special Tax Concession The concessionaire shall not be entitled to any special tax concession or any other concessions or any other concessions as a result of undertaking the proposed project, other than those declared by Government of Himachal Pradesh or Government of India upto 30 days before the last date of receipt of the bids.

e. Subsidy required for the project No subsidy/Grant shall be granted by Government of Himachal Pradesh.

f. Electricity required for the project Electricity upto the site of ropeway shall be arranged by concessionaire at his own cost. The necessary connection shall also be obtained by the concessionaire from the concerned Electricity Department. The role of Department of Tourism in arrangement of electricity shall be limited to facilitator only and writing of letter to the concerned authority / signing on behalf of Government.

g. Arrangement of Water Supply Water supply connection upto the site of ropeway shall be arranged by concessionaire at his own cost. The concessionaire shall also make arrangement for water for construction purpose. The role of Department of Tourism in arrangement of water supply shall be limited to facilitator only and writing of letter to the concerned authority / signing on behalf of Government.

3.2 DESIGN CONSIDERATION AND SPECIFICATIONS a. LTP is situated on Gurna – Ki – Jhari road. It is just before the girl’s

school near municipal car parking. At present the land is cultivated land with private ownership. The area of LTP is falling under Khasra No. 762.

b. UTP is located near the main security entrance (before queuing area) of Baba Balaknath temple, which is also opposite to PWD rest house and below the water tank near Charan paduka mandir.


31

From this point, devotees shall have to negotiate further 59 stairs to reach the last security point. The area of upper terminal is falling under Khsara no. 920/1 & 2. The jurisdiction of land is with lies with the Temple authority since it falling in temple complex; however the permission of forest department may be needed.

c. Ropeway Profile connecting the above Lower and Upper Terminals is drawn on drawing no. RITES/RW&IE/ DEOTSIDH /PROFILE is placed at the back of this chapter for ready reference.

d. Bidders are advised to carry out all such surveys that are necessary to arrive at detailed design and cost estimates for the Project. The bidder shall use the information provided in this section for reference purpose only and shall be solely responsible for all the data, information, assumptions used for technical designs of different project components. The bidder, while designing the system, shall consider following: (i) Tourist inflow both during winter and summer, to arrive at the

design capacity of ropeway system. (ii) Ropeway Capacity (minimum) – 300 Persons per Hour per

Direction (PPHPD). (iv) Geotechnical investigations shall be carried out by the

Bidder to assess the soil bearing capacity along the ropeway alignment.

(v) All statutory regulation needed for executing ropeway project required in the state of Himachal Pradesh.

(vi) Civil works in foundation for towers and terminal buildings along with all protection measures like retaining wall, pitching etc. (as may be required and approved by Consultant) including supply and construction. For this reason the bidder is requested to visit the site for better understanding of the project site.

e. The bidder shall consider Specifications provided by Bureau of Indian Standards and other applicable statutory code of practices like Indian Electricity Act, National Building Code, Municipal Building Byelaws of HP, etc for design, construction, operation and maintenance of the project facilities. The Bidder shall adhere to the provisions of the Himachal Pradesh Aerial Ropeways Act, if any. In case of non-availability of Indian standards, suitable international standards with justification may be followed.

3.3 AERIAL ROPEWAY 3.3.1 The passenger ropeway starts from area adjacent to the Gurna-ki- Jhari

near Girl’s college at Shah Talai and terminates near the main security entrance (before queuing area) opposite to PWD rest house below the water tank near Charan Paduka Mandir at Baba Balak Nath in Himachal Pradesh has been proposed.


32

3.3.2 Implementation of the complete project, preparation of detailed layouts,

designs and engineering drawings would be undertaken by the selected Bidder.

3.4 TECHNICAL PARAMETERS 3.4.1 Based on the reconnaissance and actual survey, the following technical

data are proposed for the ropeway.

SS..NNoo IITTEEMM PPaarraammeetteerrss

1 System Monocable Detachable grip Gondola Ride System

2 Direction of operation Clockwise

3 Capacity( Designed), PPHPD (Passengers per hour per

direction) 300 @ max speed

4 Line speed, m/sec 0 to 3.0

5 Horizontal distance between stations rail back loop centre, m

1821

6 Vertical rise, m 315

7 Inclined length, m 1848

8 Alignment Straight

9 Line gauge, m 4

1100.. CCaappaacciittyy ooff ccaabbiinn,, ppeerrssoonnss 44

11 No of cabins on line & stations 32

12 No of cabins for spares and maintenance 3

13 Spacing of cabins, m 144

14 Time interval between cabins, m 48

15 Type of cabin Semi enclosed cabin with ventilation.

16 Cabin capacity 4 seater

17


33

SS..NNoo IITTEEMM PPaarraammeetteerrss

18 Travel time one way, sec 224

19 Hauling rope 34 mm Dia, 6x19, Langs Lay,PP Core, tensile designation of wire 1770 N/mm2 Quality, MBL – 69 MT.

20 Factor of Safety (min) considered 5

21 Location of Drive gears LTP

22 Location of Tension gears LTP/UTP

23 Main drive motor 100 HP, 1500 RPM, AC Sq.Cage

24 Engine drive for emergency 20 HP, Automotive engine with integral clutch

25 Line speed with Diesel engine, m/sec 0.5 to 1 (Max.)

26 Line Rescue System Passengers to be rescued by Independent Rescue ropeway/

Standard Vertical rescue system

27 Stand by D.G. set @ Lower station, KVA 125

28 Stand by D.G. set @ Upper station for station lighting, KVA 10

29 Power supply at Lower and Upper Station

415V, 50 Cycles, 3 Phase by HPSEB

30 Ambient temp 0° C min and 34 ° C max

31 Relevant standard IS 5229

32.. General Altitude for area above MSL. 609 m

The above technical data is given for guidance.

Bidder(s) are requested to submit a technical plan indicating the ropeway system as per their preference conforming to relevant BIS / Euro Code and keeping the ropeway Capacity as 300 PPHPD The offered system shall be evaluated based on its merit and conforming to the requirements as stated in the relevant code.


34

Bidders to provide bought out equipment/components of proven makes only and take necessary approval from the Consultant.

3.5 DESIGN PARAMETERS 3.5.1 All the station structures and trestles shall be designed supplied and

constructed to withstand the effects of wind, earthquake, temperature variations, geo technical conditions etc. likely to be prevalent at the site. In this regard for indigenous supply, the Indian Codes would be considered as guidelines. For imported supply appropriate EURO standard will be followed. Some of the main design parameters to be considered are given in paras 3.5.2 to 3.5.5.

3.5.2 Climatic features For the design of structures, a temperature variation of approx. (+) 50

deg.C to 0 deg. C has been considered. 3.5.3 Humidity Variation in humidity level from 30% to 95% has been considered for the

system design. 3.5.4 Wind Pressure Wind pressure shall be as per the relevant Indian Standard i.e. installation

should not be in operation at 150-km/hr-wind speed. 3.5.5 Seismic Factors The ropeway system works are located in Zones V as per IS 1893, 2002.

Hence all the structure shall be designed as per the provisions of the IS Codes as applicable for Zone V.

3.6 SPECIFICATIONS FOR CIVIL WORKS The design material and workmanship for civil, structural, sanitary, water

supply fittings shall conform to latest Indian Standards, Central Public Works Department Specifications.

3.7 DETAILS OF CIVIL WORKS 3.7.1 The civil works will essentially consist of station building, trestles and

equipment foundation. This shall also be applicable for proposed vehicle parking facility at Shah Talai near Gurna –ki-Jhari i.e. LTP.

3.7.2 The main activities regarding civil works to be done are detailed below:

Detailed field survey and fixing of specific alignment.


35

Final location of stations, tower and approaches by actual setting out on the ground.

Requisite geo-technical and soil investigation as per IS codes at tower and terminal locations to determine design parameters for the foundations against super-imposed loads.

Detailed designs and drawings for system, foundations and structures including foundations and structures including architectural drawings of buildings, approaches etc.

Detailed designs and drawings for towers, building along with specifications.

Civil works in foundation for towers and stations along with equipment including any special precautionary measures required for slope protection in ropeway structures and buildings.

Fabrication and erection of towers and structures as per relevant specification of steel etc. is to be used.

Works for completion of station building and other structures, including of roofing and side cladding of stations.

3.8 DESCRIPTION OF CIVIL WORKS 3.8.1 There will be two ropeway stations, namely:

I . Lower Terminal point (LTP) This would provide adequate space for comfortable boarding and

de-boarding of passengers etc. and will accommodate all other facilities like waiting room, small ticket room, cabin parking, maintenance etc.

The terminal building at LTP should consists of steel work over

RCC foundations, side cladding with CGI sheets supported by steel truss/purlin and fitted with doors and windows. The station floor will be 3 mm above ground level and would be provided with RCC slab and stone finish.

In any case Ropeway load should not be transferred on the

building. The general toilet blocks shall consist of the following:

One Indian style, one western W.C, four urinals and two wash basins for gents.

One Indian style, one western W.C and two wash basins for ladies

The above should be complete with all fixtures, fittings, piping and

septic tank etc. Separate doors for the ladies and gent’s toilet


36

blocks and adequate ventilation and glazing together with light fixtures wiring shall also be provided. Toilets wall should be a fully glazed tile. Septic tank or sewerage connection with city line to be made for liquid waste disposal.

II. Upper Terminal Point (UTP)

This would provide adequate space for comfortable boarding and de-boarding of passengers etc. and will accommodate the small ticket room etc.

The terminal building at UTP should consists of steel work over

RCC foundations, side cladding with CGI sheets supported by steel truss/purlin and fitted with doors and windows. The station floor will be 3 mm above ground level and would be provided with RCC slab and stone finish.

In any case Ropeway load should not be transferred on the

building.

Other characteristics of this terminal will be same as lower terminal except the provision of toilets.

3.8.2 Station Housing (Lower and Upper)

Brick walling will be done for all the floors with double framed sliding type aluminum framed toughened glass window, doors will be made of Teak / sal wood and collapsible type steel or rolling shutter gate as per discretion of owner. Station floors will be covered with vitrified tiles. Other requirements are as follows: A. Flooring: a) Office Room: Mosaic flooring or Mosaic tiles. b) Stair case: Kota stone or slate stone c) Walkways flooring: Chequered concrete tiles (coloured) or Agra

stone or Sand stone slab ( Dholpur) d) Waiting room: Ceramic tiles or Marble Tiles. e) Wall cladding: Granite

B. Door fittings: a) Main entrance doors or office doors: Teak or sal wooden frame

type fully glazed or ¾ th Glazed and ¼ th paneled type. However all main entrance should also be equipped with steel Rolling shutter.

b) Partition doors or doors for toilets, baths etc. Teak or sal wood fully paneled type.

c) All windows are Aluminum framed glass fitting sliding type. d) All kind of piping for electrical and water connection etc should be

concealed.


37

e) All inside wall should be finished with White putty. f) Inside and out sidewall should be painted with washable quality

plastic paint. g) All door fittings should be made of brass. h) All quality should be of first quality i) Toilet fittings

i) One basin mixing Faucet. ii) Pillar Tap. iii) All pipe fittings are GI iv) Ceramic Basins. Toilets floor should be finished with ceramic

tiles for aesthetics. v) Sanitary and sewerage pipe fittings are CI. vi) Water pipe fittings are GI. vii) All urinals and WC are made of ceramics.

3.8.3 Foundations

Suitable RCC works like M20 & M25 shall be carried out for foundations works both for station housing and trestle.

3.9 FABRICATION OF STRUCTURES 3.9.1 Trestle structural All construction will be of Lattice / Tubular type and shall be made of

standard rolled mild steel sections and plates to IS 2062. HSFG bolts with spring washers are provided for trestles. Foundation Bolts will be HT Bolts

3.9.2 Stations Steelwork made of standard rolled MS sections conforming to IS 2062 Gr-

A. MS Black bolts are provided for stations and station housing structural. Bolts and Nuts shall conform to IS 1364, 3757, 6623 and 6649.

3.9.3 Welding a. Suitable electrode for welding. All welds shall be free from defects

like, blowholes, slag inclusions, crack etc. Joints connected by fillet welds shall conform to IS 816 and 823. Fillet welds larger than 8mm shall be made with two or more passes. Covered electrodes shall conform to IS 814.

b. Butt welds shall be done so as to secure sound metal and complete fusion throughout the entire cross section and shall be terminated at the ends of a joint in a manner that ensures the soundness.

c. The Engineer, according to standard procedures laid down in the relevant Indian Standards shall do inspection of welds.


38

3.9.4 Protection against corrosion The steel members/structures shall in general have the following protection/painting system: i. Structure exposed to open air i.e. Line towers, Pressure frame,

tower bolts, structure for counter weight and platform to be provided with hot dip galvanized (70 micron thickness except bolts) with chromating as per relevant standard.

ii. Ropeway station structural with zinc phosphate primer (one coats), lamination (one coat) and two coats of final paints of approved brand of finishing synthetic enamel paint. Total painting thickness should be 200 microns.

iii. Steel structures of housing of ropeway stations with zinc phosphate primer (one coats), lamination (one coat) and two coats of final paints of approved brand of finishing synthetic enamel paint. Total painting thickness should be 200 microns.

iv. All surfaces must be properly cleaned before application of initial primer coat/galvanized. The cleaning shall be appropriate to the condition of the surface in general. However, all-important parts shall be abrasive (with use of wire brush) cleaned to ensure removal of dust, oil, seals, etc. Steelwork for trestle will be hot dips galvanized after cleaning by acid pickling. Station structural should be cleaned by sand blasting.

v. Colour schemes to be decided as per the approval of CA. 3.9.5 Galvanized structure All line towers, their bolts and fixtures, and platforms and other exposed

important structures shall be galvanized with a film of sodium bicarbonate. The hanger of cabins and all rocker frames shall also be galvanized.

3.9.6 Specifications for Civil works and Codes

The design material and workmanship for civil, structural, sanitary, water supply fittings shall conform to the Central Public Works Department specifications with latest amendments. In the absence of such specifications, relevant Indian Standards Specifications shall be applicable. In case both are not available, relevant specifications of local PWD shall be applicable.

A list of codes and regulations to be followed for the design, supply,

erection, commissioning etc, of the items in the scope of work, is given below for reference. This list is not exhaustive and reference to any other standard may be made, if required, after seeking the approval of the Engineer.


39

IS : 2062, Weldable structural steel

IS : 8500 Weldable structural steel (Medium and High strength)

IS : 269 Ordinary and low heat Portland cement

IS : 456 Code of practice for plain and reinforced concrete

IS : 800 Code of practice for use of structural steel in general building construction

IS : 802 Code of practice for use of structural in latticed tower

IS : 875 Code of practice for structural safety of buildings, loading standards

IS : 1786 High strength deformed steel bars and wires for concrete reinforcement

IS: 432 Mild steel bars conforming

IS : 1888 Method of load test on soils

IS : 1893 Criteria for earthquake resistant design of structure

IS : 2309 Code of practice for protection of buildings and allied structures against lightening

IS : 1237 Cement concrete flooring tiles

IS : 1983 National building code of India 1983 with Amendment No. 1 to NNBC of India 1983

IS : 2064 Code of practice for selection, installation and maintenance of sanitary appliances.

IS : 2065 Code of practice for water supply in buildings.

IS : 7205 Safety code for erection structures, steelwork.

IS : 8989 Safety code for erection of concrete framed structures.

IS : 1172 Code of basic requirement for water supply drainage and sanitation.

IS : 9595 Recommendations for Metal Arc Welding of carbon and carbon manganese steels

IS : 822 Code of procedure of inspection of welds

IS : 1364 Precision and semi-precision hexagonal bolts, screws, nuts and lock nuts

IS : 1648 Code of Practice for fire safety of buildings.

IS : 7861 (Part II)

Code of Practice for extreme water concreting


40

3.10 DETAILS OF ELECTRO-MECHANICAL ITEMS

3.10.1 All mechanical and electrical supplies shall comply with IS/ Euro regulations with latest revisions. Any alteration must be accepted in wring by the concerned parties.

3.10.2 VEHICLES, CONNECTION AND PARKING

Cabin Cabins will have the following features: • Structure made of aluminium extrusions, • Cladding is acrylic transparent sheet( 4 mm thick) • Four point suspension • Floor chequered plate ( 3 mm thick) • Slide-proof / hinged window in the longitudinal direction • Area as per BIS code • 4 point suspension The cabin shall be aesthetically designed for handling normal wear and tear. The cabins shall also be capable of easy maintenance and shall meet all safety requirements. The cabin shall be sufficiently ventilated. Suitable devices shall be provided so that when the cabin is in motion, it cannot be opened from inside. Grips Each cabin is required to be fitted with a carriage; with 2 Nos. springs operated detachable grips for gripping the rope. Each carriage is provided with 2 Nos. nylon wheels for movement of the carriage on the station rails and station batteries and 2 Nos. nylon rollers are provided for opening and closing of the grips at unlocking/locking ramp.

The rope grip shall be of a type that has been proven to give satisfactory service. The rope Grip shall be designed to pass smoothly over and under the line sheaves that have flanges of adequate depth to prevent the haul rope from leaving the sheaves. Hanger The cabin is suspended from the carriage through a hanger made of Mild Steel (MS) seamless pipe and the provision is made in the hanger for dampening the transverse swing of the cabin. Connection with the cabin should be made with high tensile steel spindle with rubber impregnated metallic bush. The hanger should be provided with nylon strip liner at appropriate position, so that the steel body of the hanger does not rubbed directly with the station guide angles. Important requirements of Cabin, Carriage and Hanger are desired as:

For all components constituting the Cabin, Carriage and Hanger the safety factor shall be at least 5 under static condition.


41

The hangers shall have sufficient length so that it allows free passing of the cabin on the trestle, station, and line taking into account the side clearance.

Hangers of cabins and all other exposed components shall be hot dip galvanized (70-micron thickness) with chromating as per relevant standard.

Parking for cabins Semi-Automatic / manual operating system with the provision of injection and dejection at crawl speed should be available.

3.10.3 DRIVE, BRAKE, SHEAVE, TENSION AND OTHER ARRANGEMENT

Drive Location The drive gears can be located at LTP . Main Driving Arrangement The main gearbox (Bevel Helical) is a suitably rated unit with extended

input shaft and a vertical out put shaft that gives drives directly to the drive sheave.

Brakes The input shaft of the drive sheave is connected through a brake drum

coupling and weight operated thrustor band brake (service brake) to main prime mover.

A band brake (emergency brake) has been provided on C.I. brake rim fitted on the drive sheave. This is weight operated through thrustor / pneumatically arrangement and comes in operation automatically when: a. Normal stop/Emergency stop push button is pressed. In case of

normal stop, the brake is actuated after some time delay. b. The ropeway speed exceeds 5% of set speed. c. The tripping of drive motor due to actuation of security devices (limit

switches) located at line, station, tension trolley and tension weight. d. The wind speed exceeding set operating speed. e. In case of power failure. Drive / Return Sheave

This shall have required diameter (generally 80 times of rope dia as per code) sheave which shall be manufactured out of fabricated structural steel. If casting is done it should be sound, free of defects like void, crack non-metallic inclusion at the rim, rib & web should be free. Stress relieving of the casting to be done before undertaking machining. Double “V” is required for Butt weld between rim and arm channel.

Rim should be manufactured from rectangular cast steel billet free from

internal defect (ultrasonic quality), weld joint at the end of bend should be free from defects. Rim joint to be as close as possible to arm and to be of full strength.


42

Tension Gear There is one set of tension gear which may be located at UTP. The haulage rope is returned through a M.S. fabricated Sheave of required dia lined with renewable aluminum/ neoprene liners. The sheave is supported on a trolley running on wheels on a track provided for it in the station structure. The tension trolley is connected to a floating counter weight or hydraulic jack with high-pressure manually operated pump to tension the ropeway through a tension rope. The tension rope is anchored at the other end to a winch through deflection sheaves in case driven by floating counter weight mechanism. To prevent over run of Tension trolley, at least 2 Nos. limit switches on trolley track, one at each end are provided. Similarly two limit switches are provided on tension cage guide race to restrict the tension cage movement to within permissible limits. Note: Location of both drive and tension can be placed at LTP also.

Acceleration & Deceleration mechanism

The accelerator / decelerator mechanism is provided to achieve the required speed in line and at station. The mechanism will also facilitate to prevent jamming of the cabin with the station rails. The design of the system shall make it possible to ensure not to cause high noise level or other nuisance like oil drips etc.

Gondola Movement in Stations i. It is envisaged that the handling of cabins at the stations will be of

semi automatic movement type, manual pushing of the cabins irrespective of the speed of operation as may be required other then the chain haulage area of the station may be permitted.

ii. While gravity assisted deceleration would be acceptable, it is essential that tire type pushers be provided that would prevent incoming cabins from rolling backwards even at slow rope speeds. In addition this system should be able to deliver the incoming cabin to the top of the decelerating gradient and release it into the de-boarding area at stationary conditions. After de-boarding of the passengers the cabin is to be released manually for the chain haulage of the station at a preset crawling speed 0.3 m / sec. for its movement into the back loop of the station up to the boarding area, where the cabin will again come into a stationary condition.

iii. Similarly gravity assisted acceleration may be utilized for launching the cabins from the stations and similar mechanism like the decelerator should be provided that would restrain the outgoing cabins from accelerating beyond the actual rope speed even when the rope is running at slow speeds. Suitable precaution should be taken to ensure that the differential speed between the rope and the cabin at the point of locking is kept as near to zero as possible.


43

In any case the engaging of the grip to the rope should not impart a particularly noticeable jerk or swing to the cabin.

iv. A chain drive arrangement should be utilized for movement of the cabin from the point of release of the cabin from decelerator to the point of boarding area. However it must be ensured that boarding and de-boarding of passengers is done while the cabins are stationary. Further a mechanism like a spacer is to be provided to ensure that the preset spacing between the cabins is not disturbed irrespective of the speed of operation.

v. The incoming decelerator should have step less speed control, and should be capable of running at any set speed irrespective of the rope speed. However the speed of the outgoing accelerator should not only be step less variable but should be automatically linked to the rope speed to ensure that the speed of the cabin at the point of gripping matches the rope speed.

vi. The entire scheme should be such as to make it possible to run the ropeway at all speeds up to the rated maximum and with different

number of cabins on the line up to the designed maximum number. vii. The accelerator / decelerator mechanism should be such as to

prevent jamming of the cabin with the station rails. In any case care should be taken to ensure that the system does not cause high noise levels or other nuisance like oil drips etc. Suitable connection to parking rail should be provided.

viii. Failure of either accelerator or decelerator should give suitable warning and trip the system.

Chain Haulage system This is provided at entrance and exit side of all stations to push the cabins at a controlled speed of 0.3 m/s after the cabin get detached from the haulage rope. Driving sprocket is provided with a slipping device to protect the motor and gearbox in case of any accidental jamming. An A.C sq cage motor drive the chain sprocket through a worm gear box. Screw type tensioning arrangement is also provided for the chain. Suitable connection to parking rail should be provided.

3.11 ROPE

An endless flexible, galvanized haul ropes is proposed to be provided for the ropeway system. The specification of rope is 34 mm dia, 6X19 (s), Construction, PP core, tensile designation 1770 N/mm2 Quality, R.H. langs lay, MBL-69 MT

3.12 LINE SHEAVE

Adequate nos. of Line sheave with neoprene liner in the line is proposed to be provided. The Body casting and cover of sheave cover shall be of BS 1452 and MS steel conforming to IS 2062.


44

. Mount Beams

The Trestles are fitted with multiple fully articulated sheave mounts on each side. The beams are pivoted on central pedestals resting on top of the trestle. Rubber lined sheaves are provided with ball bearings pre-packed with grease during assembly. Provision for greasing has also been made. Maintenance platforms are provided on mount beams to facilitate maintenance of line sheaves.

3.13 RUBBER LINERS Liner must be made of rubber elastomers. All liners required for line

sheaves, deflection sheaves, bull wheels & carriage wheel must have relevant shore hardness as per code.

3.14 ELECTRONIC MONITORING AND SURVEILLANCE SYSTEM Computerized automatic operation close circuit TV at terminals giving

coverage of important area like boarding and de-boarding of passengers is proposed.

3.15 CONTROL SYSTEM

The ropeway shall operate at variable speed by means of DC/AC electrical motor and the chopper control /VVVF drive system. The chopper control /VVVF drive system should be maintained at 0.85 p.f at different load condition by providing power factor correction system. The DC/AC motors shall be of continuous rating SDPD construction.) The drive shall have the capacity to handle most unfavorable design load condition including the starting of a fully loaded cabin. The system shall be started at its lowest point of speed range after any type of stop. Visual display unit system indicating the faults and procedure for detection of faults shall be provided. The bidder shall provide details in the bid. There will be smooth controlled start and stop of the ropeway. Different sensors, safety devices feed back element and annunciation will be provided. Necessary safety devices and emergency stop push button stations to make the system complete safe. The safety will not be only ensured at Lower stations but will also be ensured at Upper stations and Line. The main drive motors will be tripped automatically and safely in case of any safety fault occurred at Line or at stations.


45

Control relays and interlocks should be provided for rescue engine, emergency motor and brake operation. AC/DC drive should be provided with forward reverse operation, speed variation (auto and manual) and inching facilities. Control Panels and Distribution Boards needs to be provided at all stations for operation as well as maintenance purposes. Control relays and interlocks will be provided for rescue engine, emergency motor and brake operation.

3.16 MISCELLANEOUS, COMMUNICATION AND FIRE PRECAUTIONS

3.16.1 Control and Communication Wires Communication system should be available at all the terminal

stations and should be interlinked. All communication and control signals should be drawn through

haulage rope. The wireless system will be provided to communicate while

maintenance / rescue operation on line and for other reasons, when communication through telephone system will not be possible.

3.16.2 Fire Precautions Special precautions should be taken to protect any part of the

ropeway from fire as per National Building Code (NBC). Provision for arresting and mitigating fire hazarads due to storage of

fuel for DG sets should be as per practices for such fuel storage. 3.17 PUBLIC ADDRESS SYSTEM FOR BOTH SYSTEMS

At all the terminal stations at each section shall be provided with a Public Address System, i.e. microphone, amplifier, speakers and able to operate during power failure.

3.18 STANDBY POWER SUPPLY SYSTEM Normally the ropeway system shall work on Himachal Pradesh State

Electricity Board (HPSEB) power supply, but in case regular power supply fails, the system shall operate on standby Diesel Generator (DG) power supply. The DG set shall be of continuous rating. It shall be capable for full capacity load requirement of the passenger ropeway system and related buildings and shall be suitable to operate on required thyristor load. The DG power system shall be noise-free and air pollution free as per code of Practices, and it should have the following: i. Diesel engine of proven design ii. Alternator of proven design


46

iii. Control panel of proven design including change over switch iv. Standard accessories including over speed protection, under

frequency relay, anti-vibration mounting, batteries, battery charger, voltmeter, ammeter, frequency meter KWH as to maintain the power factor of the power distribution system at 0.80 at different load conditions. Cables/wires/trenches, switch gear, earthing and protection system etc.

v. It shall meet the requirement of relevant prevailing Indian Electricity rules.

vi. The power generation should be at 3 phase, 415V +1%, frequency 50 cycles +3% which can take care of all ropeway and as well as other related loads at extreme condition. The fuel tank capacity of standby DG set shall take care of the fuel requirement for 8 hours continuous operation.

vii. For detailed specification for DG sets and Electrical works, Annexure II is placed at the back of this chapter.

3.19 `SAFETY PROVISIONS

3.19.1 The Ropeway system should comprise of: i. Safety provisions as per BIS code. ii. Arrangement for safe removal of stranded passengers including

vertical rescue system to the nearest station in extreme conditions/breakdown as per the approved evacuation plan.

iii. Wind speed measurement should be provided. In case of heavy winds, the wind speed indicator (anemometer) should be given an audio-visual warning when the wind speed is within 10% of the permissible limit to enable smooth shut down of the system. In case of wind speed crossing the permissible limit, automatic shut down of system with prior two fold audio warning, should be ensured. The audio signal should be brought to the operator at terminal point control desk.

iv. A suitable Public Address System at terminal stations should be provided which should have adequate clarity and volume level.

v. All critical components like Drive and Return sheave shafts, all tensioning and anchoring pins, all components of grip, hanger and structural of cabin will be tested (ND testing) by ultrasonically / X ray, as the case maybe.

3.19.2 Line Safeties

i. Adequate rope gauge and clearance for lateral swing of Gondola. ii. All the safety devices along the length of line and in the stations

shall be incorporated in continuous circuit energized permanently so that when any device fails, or the signal line fails, the system automatically comes to a halt. This comprises of electrical trip limit switch with attachment mounted on line sheave mount. In an


47

accidental case, if the hauling rope comes out of line sheave it automatically trips the ropeway by the actuation of limit switch through the attachment.

iii. Rope catcher is provided with the fully articulated sheave mount beam at incoming and outgoing side on line trestles, hold down, P.F. and Stations to arrest / support the hauling rope in case of de-ropement.

iv. Annunciation of all safety devices should be available with a audio warning system, even during rescue drive the audio signal should be brought to the notice of the diesel engine operator.

v. Vertical Rescue System Ropeway system would be provided with suitable means of rescue

apparatus to facilitate the rescue of passengers who might remain trapped along the line on account of un foreseen stopping of the installation, in a reasonably short time and in the easiest and safest manner. The use of such equipment shall not require the help of the passengers and can be carried out in a perfect manner even at the most critical points of the route (over rigged terrain, high elevation above ground, etc.).

Rescue apparatus like Polypropylenes rope; safety belt, chair, pulleys etc. should be made available at each cabin in a sufficient quantity for four / six passengers. Rescue carriage should be of self-driven / under gravity motion types and can be fitted and hopped easily by the rescuer. An adequate number of rescuer carriages to be supplied, so that all the stranded passengers could be brought back to a safe location on ground at a reasonably short time. The system is expected to work on the following lines

Rescue attendant should be able to carry the rescue trolley and harness to the nearby tower on the uphill side of the cabin from where passengers are to be rescued.

In order to reach passenger cabin, the rescuer (S) should be able to use the self-driven trolley or a carriage under gravitational motion with suitable self-braking or controlled motion from near by structure by means of rope and winch etc.

The rescuer should have the means to open the door or manhole opening at rooftop of Gondola and enter inside the cabin.

Thereafter proceed to engage the rescue harness to individual passengers and lower them safely to the ground below.

Evacuation of all stranded passengers is to be carried out as per the evacuation plan to be submitted by the bidder and duly approved by the engineer. Number of rescue systems needs to be supplied as per the evacuation plan.

In inaccessible terrain independent rescue arrangement needs to be provided.


48

vi. Accessibility for the maintenance of all structures & equipment shall be provided.

3.19.3 Safeties in Terminal

i. Safety Devices at Stations

Safety Device No. 1 (Cabin Jaw)

This safety device is placed on the exit side of the station just after the transfer point of cabins from rail to rope. This safety device comes into operation when:

The rope is not correctly placed in the jaws or The jaws remain open.

Safety Device No. 2 (Gondola Lock)

This safety device is located on the exit side of the station after the rope is gripped in the jaws, the toggle arm is vertical/ inclined and the safety lock of Gondola is in position. This safety device comes in operation when:

The safety catch is unlocked or The rope and jaws wear and require adjustment or The jaws remain open.

Safety Device No. 3 This safety device is located on the entrance side, after the carriage jaws have unlocked and the rope has left the jaws as the Gondola moves on the station shunt rail. This safety device comes into operation when the jaws have not unlocked the rope after the movement of the Gondola on the Scroll. If the above conditions for devices No. 1 and 2 are not fulfilled then the limit switches fitted to these devices will trip and stop the plant. In this event it is necessary to correct the fault and then reset the limit switch before further running of the plant. In the case of device No. 3 not only the plant will be tripped but also the Cat Whisker of limit switch will be broken and this should be replaced before further running of the plant. In addition to the above, emergency stop buttons are required to be provided at convenient points to stop the Gondola lift in the event of any emergency.


49

3.19.4 Both the stations and line safety devices will also be operative during running the ropeway with diesel engine. In case of rescue drive by diesel engine, there will be a provision of alarm bell with a battery backup at drive station and will be operative on energization of any safety device of stations / line. Battery back should also be provided for opening of service and emergency brakes.

3.19.5 Operational safety shall cover the followings;

i) Against over speeding ii) Against reversal of rotation. iii) Availability of Two separate brakes are provided in each of the

drives of ropeway system i.e Emergency & Service brake. iv) Provision of emergency braking on the drive sheave. Fail safe

features of the brakes. v) Service brake acting automatically when power supply cut off. vi) Emergency brakes acting when emergency stop actuated. vii) Limiting the movement of tensioning devices by provisions of limit

switches. viii) All safety devices as per the ropeway system chosen must be

provided. In addition, emergency stop buttons should be provided at convenient points and at all stations to stop the ropeway in the event of any emergency.

ix) The Ropeway Main Drive Motors will be tripped if : ♦ Set rope speed exceeds by 5% ♦ Wind speed exceeds the set limit An anemometer to be installed

at a suitable location where wind speed is maximum in the alignment

x) Adequate protection against lightening, earthing and major protection for LT equipment shall be provided with the system.

3.20 BIDDERS TO EXECUTE

a. Passenger ropeway with capacity 300 PPHPD. b. Lower & Upper Terminals with minimum area of 665 sq. m

including parking and 240 sqm respectively. c. Covered (only top) Queue area of 15 m X 1.5 m length each at both

terminals. b. Well maintained Public Toilets at Lower Terminal having area of 50

sq. m. 3.21 GUIDELINES RELATING TO EXECUTION

a. All building works shall conform to Central Public Works Department (CPWD) specifications for Class I building works and standards given in National Building Code (NBC) as amended and/ or modified from time to time.


50

b. All building works shall be designed to meet the functional requirements and shall be compatible with the regional architecture and microclimate, particularly incorporating mitigation measures for earthquake and natural disasters.

c. Locally available materials shall be accorded preference subject to meeting the requirement of IS codes and the quality of construction.

d. All brick and stone masonry works shall be of first class type and as per good practices.

e. All the open spaces around Lower & Upper terminals need to be landscaped.

f. The design of water distribution and storage systems, laying of mains and pipes, cleaning and disinfecting of the water supply system shall be as per relevant clauses of the NBC.

g. The design, layout and construction of drains for sewerage disposal system with all ancillary works shall be in accordance with NBC.

h. The design and location of all electrical installations, distribution system, wiring, fittings, accessories and lightning protection of buildings shall be as per relevant clauses of the NBC.

i. Fire fighting equipment including smoke detectors and audiovisual alarm system shall be planned and installed as per relevant sections of NBC.

j. Design of sewage/ wastewater treatment plant shall be in accordance with Rules of Himachal Pradesh Pollution Control Board and Environment Pollution Act.

3.22 INFORMATION TO BE FURNISHED IN TECHNICAL PROPOSAL

Bidder shall submit detailed Project Development Plan in the Technical Proposal. The project development Plan shall comprise following:- a. Ropeway System being offered matching with the capacity

requirement of 300 PPHPD with broad technical parameters. b. Terminal construction details including layout drawing indicating

boarding / de boarding area c. Requirement of Land for total project including ROW (Right of way)

for Upper & Lower Terminals, associated amenities etc. d. Specifications and technical details for the following

subcomponents of ropeway needs to be provided: (i) Civil works including foundations, counter weight,

construction of stations etc. (ii) Structural items including their quality of material, factors of

safety, etc (iii) Mechanical bought out/manufactured items like Gear Boxes,

Couplings, Brakes, Shafts & Bearings, Wire Rope, Cabins, Hanger, Grips, Brakes, etc.

(iv) Electrical works including Drive motor, Control panel, Safety devices, Power Distribution System, Communication


51

System, Illumination System, Earthing and Lightening System.

(v) Miscellaneous works such as painting, floor finish, etc. e. Quality Assurance Program(QAP) for design, manufacture of

ropeway components. f. Implementation schedule for the project. g. Operation and Maintenance (O&M) Plan. This must cover the

following: (i) Approach and methodology to be adopted in Operation and

Maintenance Period. (ii) Details of the staff both for technical and non technical. (iii) Details relating to routine tests and periodic tests. (iv) Operating Guidelines for Ropeway system.

h. Total Investment proposed 3.23 PROJECT IMPLEMENTATION PROGRAM

a. The construction schedule for the complete project is envisaged as 30 months. Bidders are advised to submit the project scheduling in line with their proposed Project Development Plan. This includes the period of arranging the land and clearances.

b. Bidders are advised to note that the Concession Period of 40 years is inclusive of Construction Period.

3.24 INSPECTION, TESTING AND COMMISSIONING:

Inspection and testing to be carried out as per QAP to be supplied by Bidder and approved by RITES.

Before the ropeway is commissioned, it shall be submitted to installation tests to check that it meets the requirements of the approved plans and specifications. Operation tests shall be made under full load and partial loads which provide for most unfavourable conditions. The detailed process can be finalized afterwards with Consultant. The concessionaire shall be allowed to operate / run ropeway system only after obtaining completion certificate from designated authority.

3.25 PROJECT MONITORING

During construction and initial three years of operation phase of Project, the Consultant (RITES Ltd.) shall monitor the project performance and assess Performance of those critical parts of a ropeway system, failure of that is likely to cause serious injury to the passengers.


52

3.26 PERFORMANCE STANDARDS AND MONITORING

The Performance standards for the Project are set out as follows: a. Carrying capacity of the Ropeway system at the time of

commencement of Operations shall not be less than 300 PPHD. b. Ropeway should be in daily operation throughout the year, unless

otherwise instructed by Ropeway Inspector (during unfavorable conditions).

c. Performance of the system at boarding and de boarding areas. (i) The speed of ropeway system at boarding and de-boarding

areas should enable safe passenger movement including elderly persons and children.

(ii) Queue length of passengers shall commensurate with the requirement.

(iii) Waiting time for the passengers shall be minimum. d. Performance of standby equipment. The rating of standard DG set

should be equal to the main electrical power system to run at full load.

e. Performance of Rescue systems and carrier evacuation system. The efficiency and number of rescue and evacuation system shall be measured in terms of following: (i) Response time to mishap detected by automatic detection

system should be minimum. (ii) Evacuation/ mitigation time period up to terminal stations

should be kept at minimum as per code. 3.27 MAKE

Bidders must indicate the MAKE of all bought out items they would like to

use. Make of some of the major equipment like motor, diesel engine, alternator etc. are given below. Diesel Engine Kirloskar/Greaves/Cummings/ Caterpillar Gear Box David Brown/Elecon/FMG/NAW Motor KEC/Crompton Greaves/Bharat Bijlee/

GEC/ Brown Boveri /Siemens Alternator: Stamford/ Kirloskar/AVK Wire Rope Usha Martin/ Bharat Ropes Fire Extinguisher FIREX/MINIMAX/STEELAGE/Equivalent Control system Siemens/ L&T/Allan Bradley or their

system houses Thyristor/UVVF drive. Siemens/Telemechnique/ABB 1.1 KV XLPE/ PVC cable, CCI/Universal/Asian Air circuit breaker L&T/(C-power)/GE-power/Siemens MCB Hager/GE/MDS


53

Protection relays GEPower/AVK-SEGC/L&T Structural members SAIL/TISCO MS/GI pipe Tata/Jindal

For any other make, ENGINEER approval is required. In addition to the above, bidder to indicate MAKES of all electrical

components like circuit breakers, capacitors, XLPE/PVC cable, instruments transformer, metering, cable glands/lugs, indicating lights/selector switch, protection relays, MCB, main/Sub LT/capacitor panels, Battery, battery charger, PLC, MS/GI pipe, Thyristor/UVVF drive.

3.28 CODES, REGULATIONS.

A list of codes and regulations to be followed is given below for reference. This list is not exhaustive and reference to any other standard may be made, if required, after seeking the approval of the Engineer.

IS : 732 Code of practice for electrical wiring installations (system voltage not exceeding 650 volts)

IS : 3043 Code of track for earthing

IS : 7649 Glossary of terms used in connection with aerial ropeways and cableways.

IS : 7649 Glossary of terms used in connection with aerial ropeways and cableways.

IS : 5229 Mono cable aerial Rope ways

IS : 10891 Specification for steel wire ropes for Aerial Ropeways Haulage and Track

IS : 5245 Method of splicing of wire ropes.

3.29 FINANCIAL BID GUIDELINES

3.29.1 General:

The Bidder shall prepare the Financial Bid based on the Project Development Plan submitted in Technical Bid. The Financial Bid shall be prepared in a manner that is consistent with the formats and requirements delineated in the section of RFP.

3.29.2 Inputs for Financial Bid: The Financial Bid shall be prepared considering the following: a. Project Implementation Program:

(i) The Project Construction Schedule shall not exceed 30 months from the date of compliance.


54

(ii) Concession period is inclusive of construction period b. Project Costing:

The bidders are advised to consider the following components while computing the Project Cost: (i) Development cost of entire project including but not limited

to construction, equipment, installation cost, manpower, administration cost, etc.

(ii) Annual Fees payment to be paid to the Concessioning Authority.

(iii) Project Development Success Fees as per requirement. (iv) Cost of Consultant as per 3.1 (c) (v) Cost of Ropeway Inspector as per HP Ropeway Act and (vi) Cost of Independent Auditor to be appointed by CA.

c. Tariff Structure: The tariff structure for Ropeway may be decided considering the market acceptability and HP Ropeways A

3.30 SUBMISSION OF FINANCIAL BID

a. Bid Variable: The bid variable is the Minimum Guaranteed Amount (MGA) to Concessioning Authority in year 1. The concession shall be awarded to the Bidder offering highest Minimum Guarantee Amount (MGA) in the first year The Minimum Guaranteed Amount (MGA) shall be enhanced at the rate of 2.5% annually, after fifth year from the date of commissioning of the project.

b. Financial Bid Format: Bidders are required to offer their best quotes in terms of Minimum Guaranteed Amount (MGA) payable to CA in the year 1. The format of financial bid submission is given in Annexure 6.

********


55

SECTION IV TERMSHEET OF CONCESSION AGREEMENT


56

SECTION IV TERM SHEET OF CONCESSION AGREEMENT

No Terms Details

4.1 Parties to Concession Agreement

Commissioner/Director, Department of Tourism & Civil Aviation, Government of Himachal Pradesh (Concessioning Authority herein referred to as CA) and Private Sector Developer (Concessionaire/ BOT operator).

4.2 Compliance Date

The date of the letter, on which Concessionaire and CA fulfills the Concession Agreement, shall be the Compliance Date. Obligations of Parties under this agreement commences from this date.

4.3 Obligation of Concessionaire

Design, Construction, Development, Finance, Operation and Maintenance of Passenger Ropeway at Baba Balaknath Temple at Deotsidh (Hamirpur), Himachal Pradesh (HP) on Built, Operate and Transfer (BOT) Basis based on the following:

a Complete the design and detailed engineering of the Project; The BOT operator shall assess the land requirement for project including for Right of Way (ROW), Lower & Upper terminals, support infrastructure, etc as per its technical proposal.

b The land lease charges for the Government / Forest land shall be recovered from Concessionaire as per HP Government Norms. However, no land lease charges shall be levied for the Govt. land / Forest land / Private land, arranged by the concessionaire.

c The BOT operator shall procure all machinery, plant, equipment for installation, testing and commissioning.

d The BOT operator shall follow the guidelines for different project components, as set out in Section III of this RFP.

e The BOT operator is expected to raise finances, both in equity and debt, for funding the construction, operation, maintenance and management of entire Project.

f Project implementation activities to commence within 30 days of Compliance date and achieve agreed milestones within the specified period.

g The BOT operator shall complete the construction within the stipulated time frame.

h Achieve substantial completion and project completion in accordance with details given in the Section III within 30 months from the date of compliance

i Commercial operations of the facilities to commence only upon completion as certified by Ropeway Inspector /designated authority as per HP Ropeway Act.

j The BOT Operator shall/may enter into Engineering Procurement Contract (EPC), Supply and Erection Contract and


57

Operation & Maintenance (O&M) contract, by inducting the EPC contractor(s) and maintenance operators for different project activities and service contracts.

k Maintain and operate the project assets/ facilities in accordance with the technical and performance standards.

l Maintain the requisite insurance on the facilities particularly Passenger Liability Insurance for accidents, in accordance with general practices.

m Allow representatives of CA, members of the Regulatory Panel, and provisions under HP Ropeway Act, reasonable access to the Project Site for monitoring and supervision.

n Make timely payment of Minimum Guarantee Amount (MGA) to CA as given in the Financial Bid of Concessionaire.

o Allow Independent Auditor to check all financial books etc., if required.

p The professional fees, costs and expenses of the Ropeway Inspector and the Independent Auditor shall be borne by Concessionaire.

q CA shall not exempt, in any manner and to any extent, any person or any specified class or classes of users from the obligation to pay user charges / financials. However, the Persons authorized by CA up to a maximum number determined jointly by CA and Concessionaire shall have free and unlimited use to Aerial Ropeway.

r In the event upon inspection if Consultant /Ropeway Inspector determines that the Aerial Ropeway or part thereof is no longer fit for the carriage of passengers, CA may order closing of the Aerial Ropeway or part thereof to the traffic. The same may be reopened to traffic only after inspection and CA sanctions to reopen after removal of defects.

s The BOT operator shall transfer the project assets including land arranged by concessionaire to CA or its designated agency /authority after the expiry / termination of Concession Period at nil value i.e. without any cost obligation on CA. At the time of transfer of project /project facility, the CA shall conform to the following requirement:

a. Regulatory panel shall certify, in presence of representative of CA and representative of Concessionaire, the condition of the facilities, which shall be required to be in Fair Condition, subject to normal wear and tear, having regard for the nature of the asset and the construction and life of facilities(hereinafter “Fair Conditions”). In the event the facilities are not in a Fair Conditions, Concessionaire shall cure at its costs the defects and deficiencies in the condition of the Facilities so that they are in a Fair Conditions as on the


58

Transfer Date. A three days full load test may be conducted, if felt by Regulatory panel for satisfactory working condition of Ropeway before transfer.

b. The concessionaire shall deliver all the records and reports pertaining to the project and its engineering, construction, operation and maintenance.

c. The concessionaire shall executes such deeds of conveyance, documents and other writings as the CA may reasonably require to convey, divest and assign all the rights, title and interest of the concessionaire in the project free from all encumbrances absolutely and free from any charge or tax to CA or its Nominee.

4.4 Right of

Concessionaire Concessionaire shall be given the right to:

a Implement the project as detailed in this document. b The selected concessionaire will be authorized by CA to collect

fee / tariff / charge from the users of different Project facilities as per Concession Agreement (to be signed between CA and BOT operator) and appropriate the part of the collection to recover the investments made in the Project.

c The selected concessionaire shall have the right to decided on the user charges for the project facilities / services subject to existing provisions under law / Rules.

d The selected concessionaire shall have the right to rent / lease out the whole or any part of the project during the concession period after taking approval from CA.

e The selected concessionaire shall be allowed to sub contract the project facility / a part of it to the third party after taking approval from CA, but shall continue to remain solely liable for all its obligations.

4.5 Conditions of Agreement

The obligations and rights of the Concessionaire shall be subject to the satisfaction in full of the following condition to be fulfilled unless any such condition has been waived by CA

4.5.1 Conditions of Agreement for CA

a Facilitate requisite government orders/ gazette notification necessary for project implementation, in the manner most feasible. Concessionaire shall submit the list of permission / clearances required for the project.

b The land details are as per clause 2.2.2. The land required for location of towers/ropeway corridor belongs either to Govt. / Forest department or is a private land. The concessionaire has to arrange all the Government/Forest land, private land at his own cost.

4.5.2 Conditions of Agreement for

a Concessionaire shall pay the Project Development Fees as specified in this document at the time of signing of agreement.


59

Concessionaire b Concessionaire shall pay the Supervision Consultant Fees as

agreed to at the time of signing of agreement. c Concessionaire to furnish constitutional documents, board

resolutions, certified copies of project agreements, general engineering designs / drawings, project plans, financing plan, etc to CA for approval. They shall commence the installation / construction only after approval of the above.

d Certified true copies of all Project Agreements, in particular, the Financing Documents, the EPC Contract, O&M Contract, etc as well as the shareholders funding agreement have been delivered by the Concessionaire to CA.

e Concessionaire shall bear all costs and charges for special or temporary ROW required by it in connection with access to the project site

f Concessionaire shall arrange required clearance like environmental clearance, forest clearance and other clearance as per HP Ropeway Act for commencing and implementing the Project.

g Concessionaire shall have obtained all such Applicable Permits unconditionally or if subject to conditions then all such conditions have been satisfied in full and such Applicable Permits are and shall be kept in full force and effect for the relevant period during the currency of the Concession Agreement.

h Make applications at its cost for the clearances and fulfill necessary conditions.

i Submission to the CA a legal opinion from the Indian legal counsel of the Concessionaire with respect to the authority of the Concessionaire to enter into this Agreement and the Project Agreements and the Financing Documents and the enforceability of the provisions thereof.

j Concessionaire shall complete the project (construction period) within 30 months. However six months extension can be granted with an extension fee of Rs 50,000.00 per month. In case the project is not commissioned even after the expiry of six months i.e. total period of 36 months, the performance security shall be forfeited.

4.6 Period for Concession Agreement compliance

60 days from the date of issue of LOI, for both the parties. Each Party shall bear its respective cost and expense of satisfying above conditions. However, CA may, without any obligation, waive fully or partially any of the conditions at anytime or extend the time period, on its sole discretion.

4.7 Non-fulfillment of Conditions of

Non-defaulting party may terminate Concession Agreement. If terminated by Concessionaire due to non-fulfillment of


60

Agreement by either party

Agreement by CA, Bid security and Project Development Fees furnished by Concessionaire shall be returned. If Concessionaire fails to fulfil the Agreement and Agreement is terminated by CA, the Bid security/ Performance security and Project development fees shall be forfeited by CA.

4.8 Concession Period

40 years inclusive of Construction Period arranging of all clearances and acquisition of land with effect from the Compliance Date.

4.9 Regulatory Panel

The parties agree that within 30 days of execution of Concession Agreement, a Regulatory Panel will be created to monitor and oversee the implementation and operation & maintenance of the Project. The Regulatory Panel shall comprise the representative from CA, and any other person / organization as appointed. Supervision Consultant shall assist the regulatory panel upto their period of Service. The Regulatory Panel shall, during the Concession Period, including extensions thereof, inspect the Project Site, at reasonable intervals to determine the progress of construction, operation and maintenance of the project and the extent of compliance of the Concessionaire with the Terms and Conditions of clearances, Technical Bid of Concessionaire and the relevant project agreements.

4.10 Payout to CA

The Minimum Guaranteed Amount (MGA) shall be escalated at the rate of 2.5% annually, after fifth year from the date of commissioning of the project. The Concessionaire shall make the payments of MGA in advance on quarterly basis, within seven days of commencement of the respective quarter; the first such payment shall be made at the time of commissioning of Ropeway or 30 months after signing of Concession agreement whichever is earlier.

4.11 Transfer of Project

a At the end of Concession period/ termination of Concession Agreement, transfer the project facilities and assets to CA or its nominated agency at book value of project assets, based on the historic investment (net of depreciation) created by the Concessionaire less intangible assets. It is specially clarified here that the total cost of project assets would not include the cost of original project facility which was provided to the concessionaire.

b CA shall be responsible for the costs and expenses, including stamp duties, taxes, legal fess and expenses incurred in connection with the transfer of the Project Assets and the Project to CA or its nominated agency.

c CA or its nominated agency shall at its own cost obtain or effect all clearances and take such other actions as may be necessary


61

for such transfer. 4.12

Force Majeure (FM)

“Force Majeure”means an event occurrence in Indian of any or all of the Non-Political Force Majeure Event, Indirect Political Force Majeure Event and Political Force Majeure Event as described below which prevents the Party claiming Force Majeure (the “Affected Party”) from performing its obligations under this Concession Agreement and which act or event: (i) Is beyond the reasonable control of and not arising out of

the fault or negligence of the Affected Party or the failure of such Party to perform its obligations hereunder;

(ii) The affected Party has been unable to prevent by the exercise of due diligence and reasonable efforts, skill and care and

(iii) Has a Materially Adverse Effect on the Project. 4.12.1 Non – Political

Force Majeure Events

Non – Political Force Majeure Events shall mean one or more of the following act or events

a Acts of God or events beyond the reasonable control of the Affected Party could not reasonably have been expected to occur, extreme adverse weather or environmental conditions, lighting, earthquakes, heavy rains, cyclones, tempest, whirlwind, landslides, storms, floods, volcanic eruptions or fire (to the extent originating from a source external to the Project Site or not designed for in construction Works);

b Radioactive contamination or ionizing radiation c Strikes or boycotts (other than those involving the

Concessionaire, Contractors, or their respective employees / representatives or attributable to any act or omission of any of them) interrupting supplies and services to the Project for a continuous period exceeding 7 (seven) days in an Accounting Year, and being an Indirect Political Event;

d Any failure or delay of a Contractor but only to the extent caused by another Non-Political Event and which does not result in any off setting compensation being payable to the Concessionaire by or on behalf of such Contractor.

e “Any judgment or order of any court of competent jurisdiction or statutory authority in India made against the Concessionaire in any proceedings for the reason other than failure of the Concessionaire to comply with any Applicable Law or Clearance or on account of breach thereof, or of any contract, or enforcement of this Concession Agreement or exercise of any of its rights under this Concession Agreement by the Concessioning authority; or


62

f Any other event or circumstance of a nature analogous to the foregoing, to the extent that insurance is available at a reasonable cost to cover the occurrence of any of the natural events, The Concessionaire will ensure that it has insured itself against such risks.

4.12.2 Indirect Political Force Majeure Events

Indirect Political Force Majeure Events shall mean one or more of the following acts or events by or on account of the Concessioning authority, GOHP, GOI or any other competent authority:

a An act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, unexpected call up of armed forces, blockade, embargo, rebellion, riot, religious strife, bombs or civil commotion, sabotage, terrorism which prevents collection of User Charges by the Concessionaire for a period exceeding a continuous period of 7 (seven) days in an Accounting year;

b Industry wide or state wide or India wide strikes or industrial action which prevent collection of User Charges by the Concessionaire for period exceeding a continuous period of 7 (seven) days in an Accounting year; or

c Any public agitation which prevents collection of User Charges by the Concessionaire for a period exceeding a continuous of 7 (seven) days in an Accounting Year.

4.12.3 Political Force Majeure Events

Political Force Majeure Events shall mean one or more of the following acts or events by or on account of the Concessioning Authority, GOHP, GOI or any other competent authority:

a Expropriation o compulsory confiscation, by any Competent Authority of any Project Assets or rights of the concessionaire or of the Contractors; or

b Any unlawful or unauthorized or without jurisdiction, revocation of , or refusal as renew or grant without valid cause any consent or approval required by the Concessionaire or any of the Contractors to perform their respective obligations under the Project Agreements (other than a consent, the obtaining of which is a condition precedent)provided that such delay, modification, denial, refusal or revocation did not result from the Concessionaire’s or any contractor’s inability or failure to comply with any condition relating to the grant, maintenance or renewal of such consents or permits.


63

4.12.4 Exceptions Applicable to the Concessionaire

The concessionaire shall not have the right to consider any of the following circumstances to bean event of force Majeure that would suspend the performance or excuse the non-performance of its obligations other than the circumstances resulting from an event of Force Majeure:

a Delay in performance by the Concessionaire, Subcontractor(s), sub-licensee, agents and employees of the concessionaire; or

b Breakdown or ordinary wear and tear of materials, equipment machinery or parts relating to the Parking Complex.

4.12.5 Exceptions Applicable to the Concessioning Authority

The Concessioning Authority shall not have the right to consider any of the following circumstances to be an event of Force Majeure that would suspend the performance or excuse the non-performance of its obligations:

a The expropriation, confiscation, nationalization or requisition of the Project, Project Assets or the Parking Complex by GOHP or the Concessioning authority.

b The imposition of any blockage, embargo, import restrictions, rationing or allocation by the Concessioning Authority or any competent authority or

c Any delay or difficulty in handing over Vacant Possession of the Project Site as a result of any intervention or directive of GOHP or Concessioning Authority or any competent authority.

4.13 Procedure for Force Majeure (FM)

The procedure for Force Majeure and allocation of costs during the subsistence of Force Majeure shall be as below;

4.13.1 Effect of Force Majeure before the issue of Notice to Commence

Upon occurrence of any Force Majeure Event Prior to the issuance of the Notice to commence, the following shall apply:

a There shall be no Termination except as provided in clause 4.13.3

b The compliance Date shall be extended by the period of which such Force Majeure event shall subsist and

c Where the Force Majeure Event occurs before the issue of Construction Completion Certificate or Provisional Certificate, the dates set forth in the Project Implementation Schedule and the Concession Period shall be extended by the period for which such Force Majeure Event shall subsist;


64

d Where the Force Majeure Event occurs after the issuance of Construction Completion Certificate or Profisional Certificate, the concessionaire shall make all reasonable efforts to collect Project Revenues, but if he is unable to collect Project Revenues during the subsistence of such Force Majeure Event, the concession period shall be extended by the period for which collection of Fees remains suspended on account thereof and.

e The parties shall bear their respective costs arising out of such Force Majeure Event.

4.13.2 Allocation of costs during the subsistence of Force Majeure

Upon occurrence of a Force Majeure Event after Compliance Date, the cost arising out of such event shall be allocated as follows:

a When the Force Majeure Event is a Non Political Event, the Parties shall bear their respective costs and neither Party shall be required to pay to the other Party any cost arising out of any such Force Majeure Event.

b Where the Force Majeure Event is an Indirect Political Event, the costs attributable to such Force Majeure Event and directly relating to the Project (the Force Majeure Costs) shall be borne by the Concessionaire to the extent of Insurance Cover, and to the extent Force Majeure Costs as duly certified by the Statutory auditors exceed the Insurance Cover, one half of the same shall be reimbursed by the Concessioning authority to the Concessionaire within 120 (one hundred and twenty) days from the date of receipt of Concessionaire’s claim therefore;

c Where the Force Majeure Event is Political Event, the Force Majeure Costs to the extent actually incurred and duly certified by the Statutory auditors shall be reimbursed by the Concessioning authority to the Concessionaire in one lump sum not later than 120 (one hundred and twenty) days after end of the Force Majeure Event and receipt of notice by the Concessioning authority to that effect.

d For avoidance of doubt, “Force Majeure Cost” shall not include loss of fee revenues or any debt repayment obligations but shall include interest payments on such debt, O & M expenses/ increase in cost of construction works on account of inflation and all other costs directly attributable to the Force Majeure event.

4.13.3 Termination Notice

If the Force Majeure Event subsists for a period of 270 (two hundred seventy) days or more within a continuous period of 365 (three hundred sixty five) days, either Party may in its sole discretion terminate this Concession Agreement by giving 30 (thirty) days Termination Notice in writing to the other Party without being liable in any manner whatsoever, save and except as per the provisions of in clause 4.13.4.


65

4.13.4 Termination Payments for Force Majeure Events

Upon Termination of this Concession Agreement pursuant to clause 4.13.3, Termination Payment to the Concessionaire shall be made in accordance with the following:

a If the Termination is on account of Non Political Event, the Concessionaire shall be entitled to receive from the Concessioning Authority by way of Termination Payment a sum equal to lowest of the following (i) or (ii) :

i) 90% of Book Value of Project Assets based on historic

investment (net of depreciation) created by the Concessionaire less Intangible Assets. It is specially clarified here that the cost of project assets would not include the cost of original project facility which was provided to the Concessionaire.

or ii). 90% of debt due less pending insurance claims

b If the Termination of this Concession is on account of an Indirect Political Event, the Concessionaire shall be entitled to receive from the Concessioning Authority by the way of Termination Payment a sum equal to lowest of the following (i) or (ii):



or

ii) 100% of debt due less pending insurance claims c If the Termination of this Concession is on account of a Political

Event, the Concessionaire shall be entitled to receive from the Concessioning Authority by the way of Termination Payment a sum equal to lowest of the following (i) or (ii):



or ii) 100% of debt due less pending insurance claims.


66

4.13.5 Termination Payments

The Termination Payments pursuant to the clause 4.13.4 shall become due and payable to the Concessionaire by the Concessioning Authority upon actual or constructive transfer of the Project Assets by the Concessionaire to the Concessioning Authority free from all Encumbrances, charges and liens whatsoever, unless expressly directed by the Concessioning Authority otherwise.

4.13.6 Mode of Payments

Payments of compensation and costs by the Concessioning Authority pursuant to this clause 4.13 shall constitute valid discharge of the Concessioning Authority’s obligations for Termination Payments hereunder.

4.13.7 Dispute Resolution

In the event that the Parties are unable to agree in good faith about the occurrence or existence of a Force Majeure Event, such dispute shall be finally settled in accordance with the Dispute Resolution procedure as under clause 4.18, provided however that the burden of proof as to the occurrence or existence of such Force Majeure event shall be upon Party claiming relief and/or excuse on the account of such Force Majeure Event.

4.13.8 Liability for other losses, damages etc.

Save and except as expressly provided in clause 4.13 neither party hereto shall be liable in any manner whatsoever to other Party in respect of any loss, damage, cost, expense, claims, demand and proceedings relating to or arising out of occurrence or existence of any Force Majeure Event or exercise of any right pursuant to this clause

4.13.9 Duty to Report

The Affected Party shall discharge the following obligations in relation to reporting the occurrence of a Force Majeure Event to the other Party:

a The Affected Party shall not claim any relief for or in respect of a Force Majeure Event unless it shall have notified the other party in writing of the occurrence of the Force Majeure Event as soon as reasonably practicable, and in any event within 7 (seven) days after the Affected Party knew or ought reasonably to have known of its occurrence and the probable Material Adverse Affect that the Force Majeure Event is likely to have occurred on the performance of its obligations under this Concession Agreement.

b Any notice pursuant to this clause 4.13.9 shall include full particulars of: i) The nature and extent of each Force Majeure Event which

is the subject of any claim for relief under clause 4.13 with evidence in support thereof;

ii) The estimated duration and effect or probable effects which such Force Majeure Event is having or will have on the Affected Party’s performance of its obligations under this Concession Agreement;


67

iii) The measure which the Affected Party is taking or proposes to take to alleviate the impact of such Force Majeure Event; and

iv) Any other information relevant to the Affected Party’s Claim. c For so long as the Affected Party continues to claim to be

affected by such Force Majeure Event, it shall provide the other Party with regular (and not less than weekly) written reports containing information as required by this clause 4.13, and such other information as the other Party may reasonably request the Affected Party to provide.

4.13.10 Excuse from performance of obligations

If the Affected Party is wholly or partially unable to perform its obligations under this Concession Agreement because of Force Majeure Event, it shall be excused from performance of such of its obligations to the extent it is unable to perform on account of such Force Majeure Event provided that:

a The suspension of performance shall be no greater scope and of no longer duration than is reasonably required by the Force Majeure Event;

b The Affected Party shall make all reasonable efforts to mitigate or limit damage to the other Party arising out of or as a result of the existence or occurrence of such Force Majeure Event and to cure the same with due diligence; and

c When the Affected Party is able to resume performance of its obligations under this Concession, it shall give to the other Party written notice to that effect and shall promptly resume performance of its obligations hereunder.

4.14 Events of Default (EOD)

4.14.1 Concessionaire’s Events of Default (EOD)

a Material Breach of its obligations under the Agreement, including without limitation the operation and maintenance of the facilities in terms hereof, which materially adversely affects CA or the Project and such breach is not remedied within 120 days of receipt for written notice from CA, specifying such breach and requiring the Concessionaire to remedy the same.

b Such events as have been specified as Concessionaire EOD under the provisions of Concession Agreement.

c A breach of any express representation or warranty by the Concessionaire which has a Material Adverse Effect and such breach is not remedied within 120 days of receipt of written notice from CA specifying such breach and requiring the Concessionaire to remedy the same.

d Any actions or omissions attributable to Concessionaire, including delay on the part of the Concessionaire to discharge any of its obligations that has a Material Adverse Effect on the implementation of the Project.


68

e Failure of the Concessionaire to achieve Project Construction Completion within 30 months.

f Dissolution of the company pursuant to Law, except for the purpose of a merger, consolidation or reorganization that does not affect the ability of the resulting entity to perform all the obligations of the Concessionaire under Concession Agreement and provided further that such resulting entity expressly assumes all such obligations.

g Repudiation of Concession Agreement or Abandonment of the Project by the Concessionaire.

h The Supervision Consultant during his period of services and the Ropeway Inspector notifies the Parties of a material failure by the Concessionaire or its employees or agents or the Construction Contractor(s) or the O&M Contractor(s) or contractor(s) to develop implement, finance, design, construct and operate and maintain the Project/ Aerial Ropeway, as the case may be, in accordance with the Project Development Plan and the terms and conditions of Clearances and of CA and further issues a notification to the Parties of the failure to remedy such non-compliance within the time frame as may reasonably have been specified by the Supervision Consultant / Ropeway Inspector, as the case may be, for rectifying the same.

i Transfer pursuant to Law of either the rights and/or obligations of Concessionaire or all or substantial portion of the Project Assets or undertakings of the Concessionaire, except where such transfer, in the opinion of Concessioning Authority, does not affect the ability of the transferee to perform all the obligations of the Concessionaire under CA and provided further that such transferee expressly assumes all such obligations.

4.14.2 CA’s Event of Default

a Material Breach by CA of its obligations under Concession Agreement which is not remedied within 120 days of receipt of written notice from the Concessionaire specifying such breach and requiring CA to remedy the same.

b Any defect in the title, ownership and possession of Concession Agreement with respect to the Project Site that has a Material Adverse Effect on the Project as certified by the Independent Auditor.

c Any change in the policies of CA or a Change in Law, which has a Material Adverse Effect on the Concessionaire’s ability to implement the Project.

d A breach of any express representation or warranty by CA which has a Material Adverse Effect and such breach is not remedied within 120 days of receipt of written notice from the Concessionaire specifying such breach and requiring CA to


69

remedy the same. e Repudiation of Concession Agreement by CA

4.15 Termination a Upon Events of Default (EOD) as detailed above and failure of defaulting party to rectify the same within in the cure period of 120 days.

b Upon subsisting FM: In case party’s performance is prevented or impeded for longer than 180 days from commencement of FM.

4.16 Termination Payments

4.16.1 Termination by CA for a

Concessionaire’s Event of Default

a Concessionaire shall transfer the Project Assets and Project to Concessioning Authority or its nominated agency.

b Project Development Success Fee (as may be applicable at the time of termination) of the Concessionaire shall be forfeited.

4.16.2 Termination by Concessionaire for a CA’s Event

of Default

a Concessionaire shall transfer the Project Assets and Project to CA or its nominated agency.

b CA shall compensate the Concessionaire for the value of the Project as determined by the Independent Auditor for the remainder of the Concession Period.

c CA shall refund the Project Development Success Fee to the Concessionaire.

4.17 Insurance Concessionaire shall maintain at its own expense, insurance policies as per good industry practices. The concessionaire shall, from time to time, provide to CA copies of all insurance policies. The insurance shall cover the following:

All the capital expenses incurred on the Project Ropeway passengers liability for accidents Comprehensive third party liability insurance

4.18 Dispute Resolution of disputes by mutual consultation and negotiations

between the representatives on the regulatory Panel. If dispute resolution by mutual consultations and negotiations fails, either party can approach the courts in the jurisdiction of the state of HP.

4.19 Supervision Consultant

Responsibility

They will carry out the activities as per the detailed Term of Reference placed at Annexure - 11

*********


70


71

ANNEXURES

ANNEXURE 1 FORMAT FOR THE COVERING LETTER

(On the letter head of the company) Dated…………..., To: ------------ Sub.: ---------(Name of Work)----------


72

Dear Sir, Please find enclosed our Technical and Financial Bids, in respect to the selection of a BOT Operator for design, finance, construction, operation and maintenance of Ropeway Project at Baba Balak Nath Temple in Deotsidh (Hamirpur), HP., in response to the Request for Proposal (RFP) document issued by Department of Tourism, Government of Himachal Pradesh (HP), dated …………………………. We hereby confirm the following: 1. We have read and examined the RFP documents in totality, provided to us

to enable submission of Technical and Financial Bids for the implementation of Proposed Project on BOT format.

2. Having examined the RFP documents, we the undersigned, submit our proposal to design, develop, finance, construct, operate and maintain the project in conformity with all the documents and drawings.

3. We hereby submit that our proposals would be valid for 180 days from the date of submission and it shall remain binding upon us and may be accepted at any time before the expiry of this period.

4. We agree to treat the proposal, drawings and other enclosures connected with this project as secret and confidential documents. We shall not communicate the information described therein to any person other than the person authorized by Concessioning Authority, or use the information in any manner pre-judicial to the safety of the project.

5. We understand that data given by Concessioning Authority(CA) is only for guidance purpose and detailed site investigation regarding subsoil condition, water table, soil strata, present passenger traffic, surroundings, networks, local problems, etc are undertaken by me and my bid is based on the investigation made by me and not data supplied by the CA

6. We have not enclosed any conditions in financial proposal 7. We understand that CA is not bound to accept our proposal or any proposal

it may receive in response to issue of RFP documents Signature of Lead Member/ Authorized Signatory of Bidding Firm:

(Authorized signatory) @@@@@@

ANNEXURE 2

CHECKLIST OF ENCLOSED DOCUMENTS

No. Enclosures to the Technical & Financial Bid Status (Submitted/

Not submitted)

Comments, if


73

any In Technical Bid 1 Covering Letter

2 Bid Security

3 Power of Attorney from all the members of the Consortium designating one of the members as Lead Member.

4 Power of Attorney from the Lead Member designating one of its officials as Authorized Representative on behalf of Consortium.

5 JV Agreement / MOU

6 Capability Statement of Bidding Consortia complete with all the following details.

Audited Annual Reports for proof of turnover

Details for Technical and operational expertise

Solvency Certificate From Bank

7 Project Development Plan in line with the requirements as outlines in RFP

8 Total investment proposed In Financial Bid 8 Financial Bid Letter

9 Financial Bid submissions in line with the requirements laid in RFP

@@@@@@

ANNEXURE 3

CONCESSION AGREEMENT This Agreement is executed on this the _____ day of ___________(Month), Two Thousand and -------- at ------


74

BY AND BETWEEN ---------------------, having its registered office at ------------------ (hereinafter referred to as “Concessioning Authority ” which expression shall unless repugnant to the context include its successors and assigns) of the One Part, AND M/s-----------, having its registered office at -----------------., and ----------------M/s--------------a company incorporated under the provisions of the Companies Act, 1956, having its registered office at -------------- who form a consortium for the purposes of this Agreement and Project to be implemented under this Agreement (hereinafter collectively referred to as the “Concessionaire” which expression shall unless repugnant to the context include their respective successors and permitted assigns including any Special Purpose Company that may be permitted by Concessioning Authority to be established as detailed in this Agreement) of the Other Part WHEREAS: A. That the Concessioning Authority has been authorized by the state

government to develop the tourism development projects under Public Private Partnership.

B. In pursuance of above the Concessioning Authority decided to undertake, the development of a ropeway from -------- to ---------.

C. That the Concessioning Authority proposed to grant to a selected party a Concession to design, finance, construct, operate and maintain the Passenger Ropeway and facilities in the specified location (hereinafter called the ‘Project’) on built, operate and transfer basis (BOT).

D. That the Concessioning Authority accordingly invited proposals for selection of Concessionaire for the Project on a competitive bidding basis through the Tender Notice dated ---------. Based on the tenders received and after evaluation of the Bids received, the Concessioning Authority has accepted the Bid of the Concessionaire herein and has issued them a Letter of Acceptance (‘LOA’) bearing No. ________ dated _______.

E. That the Concessionaire has paid the Project Development Success Fee of an amount Rs--------- as per the conditions precedent to the signing of the Concession Agreement.

F. That the Concessionaire represents and warrants that they have duly fulfilled all other terms and conditions necessary for the execution of this Agreement as per the terms contained in the Bidding documents and are


75

in a position to execute this Agreement and implement the Project as envisaged in the Bid and this Agreement

Now THIS AGREEMENT WITNESSETH as follows: 1. In this agreement words and expressions shall have the same meaning as

are respectively assigned to them in the conditions of RFP document hereinafter referred to.

2. The following documents in conjunction with Addendum/Corrigendum to tender Documents shall be deemed to form and be read and construed as part of the agreement viz.: a) This Form of Agreement. b) The Letter of Acceptance (LOA) c) The Priced Bid d) The Guidelines of Projects e) The Term Sheet for Concession Agreement f) The Instruction to Bidders g) The project Sheet

3. The aforesaid documents shall be taken as complementary and mutually explanatory of one another, but in case of ambiguities or discrepancies, shall take precedence in the order set out above.

4. The Government / Forest land / Private land required for the project to be arranged by Concessionaire for a period of 40 years.

5. The concessionaire has agreed for the fee for the Supervision Consultant as per provisions in the RFP document.

6. The Concessionaire will pay MGA to Concessioning Authority as mentioned in LOA

In WITNESS where of the parties hereto have caused their respective common seals to be hereinto affixed (or have herewith set their respective hands and seals) the day and year first above written. SIGNED, SEALED AND DELIVERED BY M/s For and on behalf of: Concessioning Authority

For and on behalf of: Concessionaire


76

Signature ________________

Signature ________________

Name ________________

Name ________________

Designation _________________

Designation _________________

Date _________________

Date _________________

Witness:

Witness:

Signature ________________

Signature ________________

Name ________________

Name ________________

Address _________________

Address _________________

Signature ________________

Signature ________________

Name ________________

Name ________________

Address _________________

Address _________________

@@@@@@@

ANNEXURE 4

FORMAT FOR POWER OF ATTORNEY FOR

APPOINTING THE LEAD MEMBER [On Requisite Stamp Paper]


77

KNOW ALL MEN by these presents that we, [name of the company], a company incorporated under the Companies Act, --------------, having its Registered Office at. /. [Address of the Company] (hereinafter referred to as Company.) WHEREAS the Company along with _______ and ___________ (give name and registered office address) is forming a joint venture/ consortium to submit a Technical and Financial Bid in response to the Request for Proposal (RFP) for the --------(Name of Work)------ issued by ---------------------- (CONCESSIONING AUTHORITY) and is desirous of appointing an attorney for the purpose thereof. Whereas the Company deems it expedient to appoint M/s ________ (name of Company, registered office address) as the Attorney of the Company. NOW KNOW YE ALL BY THESE PRESENTS, that ________ [name of company] do hereby nominate, constitute and appoint [name the lead member of company] as its true and lawful Attorney to do and execute all or any of the following acts, deeds and things for the Company in its name and on its behalf, that is to say: a. To act as the Lead Member of the Joint Venture/ Consortium for the

Purposes of the Project. b. In such capacity, to act as the Company’s official representative for

submitting the Technical and Financial bid for the Project and other relevant documents in connection therewith.

c. To sign all papers for bids, offers, Project documents, necessary documents, papers, applications, representations and correspondence necessary and proper for the purpose aforesaid;

d. To tender documents, receive and make inquiries, make the necessary corrections and clarifications to the Project documents, as may be necessary

e. To sign and execute contracts relating to the Project including variation and modification thereto

f. To represent the Company at meetings, discussions, negotiations and presentations with Concessioning Authority, Competent Authorities and other Project related entities;

g. To receive notices, instructions and information for and on behalf of the Company;

h. To execute the Concession Agreement for and on behalf of the company i. To do all such acts, deeds and things in the name and on behalf of the

Company as necessary for the purpose aforesaid. AND the Company hereby covenant with the said Attorney to ratify and confirm all and whatever the attorney may lawfully do or cause to be done by virtue of these presents. IN WITNESS WHEREOF the Company puts its hand and seal to this Power of Attorney on this [day, month & year]


78

The common seal of [name of the company] was here unto affixed pursuant to a resolution passed at the meeting of Committee of Directors held on __ day __ of, ----(Year)---- in the presence of [name & designation of the person] and countersigned by [name & designation of the person] of the company of [name of the company]

The common seal of [name of the company)

[Name & designation of the person]

@@@@@@

ANNEXURE 5

FORMAT FOR POWER OF ATTORNEY FROM THE LEAD MEMBER APPOINTING DESIGNATED PERSON

[On Requisite Stamp Paper]


79

KNOW ALL MEN by these presents that we, . [name of the company], a company incorporated under the Companies Act, ----------, having its Registered Office at . [Address of the Company] (hereinafter referred to as .Company.): WHEREAS the Company has been authorized by ________ and _______ (give names and registered office addresses), vide its respective Power of Attorney, to act as the Lead Member of the Consortium/ Joint Venture bidding for the Project. WHEREAS in response to the Request for Proposal (RFP) for ----(Name of Work)----, the Company is submitting a Technical and Financial Bid on behalf of the Consortium/ Joint Venture for the Design. Finance, Construction, Operation and Maintenance of the -----(Name of Work)----- to the ------------------------------ (CONCESSIONING AUTHORITY) and is desirous of appointing an attorney for the purpose thereof. Whereas the Company deems it expedient to appoint Mr. _____________ son of ______________ resident of _______________, holding the post of _______________ as the Attorney of the Company. NOW KNOW YE ALL BY THESE PRESENTS, that __________ [name of the lead member company] do hereby nominate, constitute and appoint [name & designation of the person] as its true and lawful Attorney so long as he is in the employment of the Company to do and execute all or any of the following acts, deeds and things for the Company is its name and on its behalf, that is to say: a. To act as the Company’s official representative for submitting the Technical

and Financial Bid for the said Project and other relevant documents in connection therewith.

b. To sign all papers for all bids, offers, project documents, necessary documents, papers, applications, representations and correspondence necessary and proper for the purpose aforesaid;

c. To tender documents, receive and make inquiries, make the necessary corrections and clarifications to the Project documents, as may be necessary

d. To sign and execute contracts relating to the Project, including variation and modification thereto

e. To do all such acts, deeds and things in the name on behalf of the company as necessary for the purpose aforesaid.

The common seal of [name of the company] was here unto affixed pursuant to a resolution passed at the meeting of Committee of Directors held on __ day __ of _________, in the presence of [name & designation of the person] and countersigned by [name & designation of the person] of the company of [name of the company]

The common seal of [name of the company)


80

[Name & designation of the person]

@@@@@@

ANNEXURE 6

FORMAT FOR FINANCIAL BID

(On the letter head of the company) TO BE SUBMITTED IN SEPARATE SEALED ENVELOPE

Date:


81

To: ---------- Sub.: -----(Name of work) Dear Sir: Being duly authorized to represent and act on behalf of.…….. and having reviewed and fully understood all the requirements of bid submission provided vide the RFP document No. ---------dated --------- pertaining to the -----(Name of work)----- , we hereby provide our Financial Proposal for development and establishment of this Project on BOT format. The Minimum Guaranteed Amount (MGA) payable by us (name of Consortium) to Concessioning Authority in the first year of Concession Period shall be: _______ Indian Rupees (in figure) _________ (in words) We agree to bind by this offer if we are the selected BOT operator for this project. For and on behalf of:

Signature: Name of the Person:

Designation: Instructions: 1. No conditions should be attached. 2. In case of difference between the words and figures, words would prevail. 3. Should be given in a sealed envelope.

@@@@@@

ANNEXURE 7

EXPERIENCE OF THE BIDDER IN DEVELOPMENT / COMMISSIONING OF ROPEWAYS

Bidder Project


82

Name Client Project Completion Date Project Cost (Rs Crores) Equity held in case of JV partner in BOT project Single entity Bidder Consortium Member 1 Member 2 Member 3 Member 4 Note: 1) Certificates from the clients stating satisfactory completions of the project to

be enclosed in the support of the eligibility claim

@@@@@@

ANNEXURE 8

EXPERIENCE OF THE BIDDER IN OPERATION & MAINTENANCE OF ROPEWAYS

Bidder Project


83

Name of the Client Project Completion Date Project Cost (Rs Crores) Equity held in case of SPV partner in BOT project Single entity Bidder Consortium Member 1 Member 2 Member 3 Member 4 Note: 1) Certificates from the clients stating satisfactory operating and maintaining of

the project to be enclosed in the support of the eligibility claim

@@@@@@

ANNEXURE 9

FINANCIAL CAPABILITY OF THE BIDDER A. Turnover All values in Rs Crores

Bidder Turnover (For qualifying year)


84

Between 2009-2010 and 2005- 2006 Single entity Bidder Consortium Member 1 Consortium Member 2 Consortium Member 3 Consortium Member 4

Instructions: 1. Attach copies of audited financial statements for qualifying year 2. The Bidder’s statutory auditor shall certify all figures quoted above. A detail

working of the figures quoted should be submitted along with the certificate.

@@@@@@

ANNEXURE 10

Format for Memorandum of Understanding (MoU) (To be drawn on Non – judicial stamp paper of Rs 100.0 if in India or such

equivalent document duly attested by Notary Public) This Memorandum of Understanding (MOU) entered into this _____day of _______ at ______


85

among M/s _______________(hereinafter referred to as”________”) and having registered office at_____________, Member of the First Part

and M/s _______________(hereinafter referred to as”__________”) and having registered office at____________, Member of the Second Part.

and M/s _______________(hereinafter referred to as”__________”) and having registered office at____________, Member of the Third Part. The expressions of ------------and ------------- (which expression shall unless repugnant to the context or meaning thereof mean and indicate its successors and assignees) shall collectively be referred to as” The Consortium” and / or “the Members” as the case may be and individually as “the Member” WHEREAS Tourism Department, Government of Himachal Pradesh (HP) (herein after called “Concessioning Authority”) has called RFP documents for the work of construction of ------------------------(name of the work) (herein after called the “Project”). AND WHEREAS the Members have studied the Tender documents and had discussions for formation of a Consortium / JV for jointly bidding for the said Project and execution and completion of the Project (in case successful) and have reached an understanding on the following points with respect to the Members’ rights and obligations towards each other and their working relationship. IT IS HEREBY AS MUTUAL UNDERSTANDING OF THE MEMBERS AGREED AND DECLARED AS FOLLOWS: 1. That the Members will jointly submit the Tender Proposal for the said Project,

execute and complete (in case successful) the same as per the terms & conditions, specifications and other obligations as per the Agreement with the Concessioning Authority

2. M/s ------------------ shall be the Lead Member of the CONSORTIUM / JV for all intents and purpose and shall:

Page 2 of 2 a) Be authorized for all or any of the acts, deeds or things necessary or

incidental for submission of the offer, responding to queries and submission of information/ documents, execute and complete (in case successful) the Project as per the terms & conditions, specifications and other obligations as per the Agreement with the Concessioning Authority with regard to the same on behalf of the consortium


86

b) Represent the Consortium in its dealing with the Concessioning Authority and receive instructions for and on behalf of any or all Members of Consortium.

3. All Members of the Consortium / JV shall be jointly and severally liable for the execution and due performance of the contract with the Concessioning Authority in accordance with the contract terms.

4. ROLES AND RESPONSIBILITIES Following distribution of responsibilities will be followed in the event of the CONSORTIUM Proposal is accepted by.

Sl. No. Activities Responsibilities a)

b) c) . .

5. That this MOU shall be governed in accordance with the laws of India and Indian courts shall have exclusive jurisdiction to adjudicate disputes arising from the terms herein.

6. That this MOU shall remain valid for the period of validity of the Offer submitted by the Consortium / JV and in case successful, till signing of the detailed Contract Agreement for the due performance of the Contract with the Concessioning Authority for the said Project.

In witness whereof the Parties affirm that the information provided is accurate and true and have caused this MOU to be duly executed on the date and year above mentioned. Signed by Witness: 1. First Party 1. 2. Second Party 2. 3. Third Party 3.

@@@@@@

ANNEXURE - 11

SUPERVISION CONSULTANT

TERMS OF REFERENCE 1. OBJECTIVES


87

The Supervision Consultant shall be required to: a. Act on behalf of the Concessionaire Authority (CA) and the

Concessionaire to review and monitor all activities associated with construction, operation and maintenance to ensure compliance with provisions of the Concession Agreement.

b. Visit, inspect, and report to CA on various aspects of the project and carry out all such activities as are provided in the Concession Agreement. Without prejudice to this, the scope of services of the Supervision Consultant shall be as specified in Para 2 to 4.

2. SCOPE OF SERVICES

Supervision Consultant shall review & approve the following:

a. Implementation Schedule submitted by the Concessionaire. b. Adequacy of the geo-technical studies, sub-soil investigations,

and survey carried out by the Concessionaire. c. Approval of layout & GA drawings. d. Environmental management plan for the Project during

Implementation Period and Operations Period. e. Safety measures proposed during Implementation Period and

Operations Period. f. Quality Assurance Plan and monitor the same during

Implementation period. g. Material testing results, workability of the project and other special

tests of materials and/or completed works, and/or order removal and substitution of substandard materials and/or works as required.

h. “As Built” drawings for each component of the works prepared by the Concessionaire.

i. Maintenance Manual prepared by the Concessionaire. j. Makes of critical bought out equipment/components.

The above shall also include the following: a. Ensure that the construction work is carried out in accordance

with the concerned codes and general engineering practice. b. Identify delays in completion and recommend to the CA /

Concessionaire the remedial measures to expedite the progress. c. Design a Management Information System (MIS) for monitoring of

the Project. d. Supervise and monitor various Completion Tests as provided in

the Concession Agreement. 3. REPORTING REQUIREMENTS


88

The Supervision Consultant shall prepare and submit to the CA three copies and to the Concessionaire two copies of the monthly report during the construction of the project and the annual report during the operations period for the first three years of operation after commissioning.

4. PERIOD OF SERVICES The period of services shall be the Construction Period and the operations

period for the first three years of operation after commissioning.

5. AUTHORISED REPRESENTATIVE

In absence of appointment of supervision consultant on the project all the matters to be dealt by the Supervision Consultant will stand to be dealt by the Engineer in charge of CA or his authorized representative.

@@@@@@@@

ANNEXURE - 12

SOLVENCY CERTIFICATE

(On the letter head of Bank)

This is to certify that to the best of our knowledge and information, M/s -------------

-----, having their registered office at -------------------------------, a customer of our


89

bank is a reputed Company with a good financial standing and can be treated as

solvent to the extent of Rs. -------------------------.

This certificate is issued without any guarantee or risk and responsibility on the

Bank or any of its officers

Sd/-

Name of the Bank/Branch Name, address & Seal of the Bank/Branch

DEPARTMENT OF TOURISM & CIVIL AVIATION - Rites · RITES Ltd or Director/Commissioner, ... Govt. of...

Documents

Transcript of DEPARTMENT OF TOURISM & CIVIL AVIATION - Rites · RITES Ltd or Director/Commissioner, ... Govt. of...