COMPREHENSIVE PROJECTS BID FOR THE CONCESSION OF THE COMPREHENSIVE REHABILITATION OF HUANCAYO-HUANCAVELICA RAILWAY PROJECT Notice N 2 By virtue of the powers contained in Section 3.1.3.1 of the Bidding Documents, the Committee of PROINVERSION in Projects of Road Infrastructure, Railway Infrastructure and Airport Infrastructure - PRO INTEGRACIÓN communicates to the bidders the following modifications to the Bidding Documents: Amendment N 1 Paragraph 1.3.17 The concession definition is modified as follows: 1.3.17. Concession: Is the legal relation of public law that is established between the Grantor and the Concessionaire since the subscription of the contract, by which the Grantor grants to the Concessionaire the right to economic use of the concession assets during the term of effectiveness thereof. And the Concessionaire is responsible for the design, financing, construction, rehabilitation, equipment, provision of Rolling stock, management, operation and maintenance of the project, according to the terms of the contract and subject to the provisions set forth in the applicable laws and regulations. Amendment N 2 Paragraph 1.3.25 The operation contract definition is modified as follows: 1.3.25 Operation Contract: Is the contract that will be entered between the Concessionaire and the Operator in order that this latter, on account of the Concessionaire, is in charge of the organization, operation and maintenance of the concession, according to the provisions set forth in the concession contract. The entering of this contract shall not limit the responsibilities of the Concessionaire. Amendment N 3 Paragraph 1.3.31 The Defects definition is modified as follows:
1.3.31. Defects: Is that error, that upon the consideration of the Committee of Assessment is not substantial, in which the Bidder or Qualified Bidder may incur in any document submitted in Envelopes N 1 or N 2 and that do not affect the validity of its proposal Amendment N 4 Paragraph 1.3.46 The Performance Bond of the Concession Contract definition is modified as follows: 1.3.46 Performance Bond of the Concession Contract: Is the bank letter of guarantee granted in favor of the Grantor, that must submit the Concessionaire on the closing date to guarantee the compliance of all the contractual obligations, including those obligations referred to the preparation of the EDI of Works and Rolling Stock, exploitation, operation, maintenance of the concession, the obligations referred to mandatory investments, as well as penalties, errors in the design of works and Rolling stock that are evidenced during the concession term and the provision of the Rolling stock, this latter, until culminating the second year of the concession, according to the model pursuant to specimen enclosed as Form 1 of ANNEX N 2. Amendment N 5 Paragraph 1.3.57 The Mandatory investments definition is modified as follows: 1.3.57 Mandatory investments: They comprise the preparation of the final engineering studies, semi detailed Environmental Impact Study, the execution of works and the provision of Rolling stock, in charge of the CONCESSIONAIRE in the terms foreseen in the concession contract. Amendment N 6 Paragraph 1.3.60 The Rolling Stock definition is modified as follows: 1.3.60 Rolling Stock: i) Are the new vehicles that will be acquired by the Concessionaire that compose the train units and that serve to transport passengers and cargo. ii) are the existing vehicles that will be repowered, rehabilitated, reconstructed, reengined by the Concessionaire that compose the train units and that serve to transport passengers and cargo; and iii) are the railway vehicles for inspection and maintenance..
Are the tractive or towed vehicles circulating in the railroad track as established in the National Railways Regulations or later legislation replacing it. For purposes of the concession it comprises the existing and acquired Rolling Material. 1.3.60.1. Existing Rolling Material: Is the Rolling material provide for the Grantor to the Concessionaire as a Grantor assets on the possession date. 1.3.60.2. Acquired Rolling Material: Is the Rolling material that must be acquired for the Concessionaire as established in this Contract. The Concessionaire must provide the required acquired rolling material to meet the services established in this contract. The rolling material acquired shall be new or reloaded, this later must guarantee its operation during the whole concession period. Amendment N 7 Paragraph 1.3.70 The Railway Operator definition is modified as follows: 1.3.70 Railway Operator: Is the natural or legal person, national or foreign, incorporated or established in the country, who has the corresponding permit of operation issued by the MTC and has subscribed the contract of access with the Concessionaire, according to the provisions set forth in the National Regulation of Railways in force. Amendment N 8 Paragraph 1.3.73 The Permission of operation definition is modified as follows: 1.3.73 Permission of operation: Administrative act by which the competent authority, empowers a person, national or foreign, public or private, to act as Operator or railway operator. Amendment N 9 Paragraph 1.4.13 The Background and legal framework are modified as follows 1.4.13. The Call to grant in concession the comprehensive project was published on July 24 and 25 of 2015.
Amendment N 10 Paragraph 6.1 The content of Envelope N 1 is modified as follows ( ) Annex N 3 Form 4 experience in provision of rolling stock Annex N 3 Form 5 experience in operation Annex N 3 Form 6 experience in design of railway advisor, if correspond. Annex N 3 Form 8 firm promise to conclude contract of provision of rolling stock Annex N 3 Form 9 firm promise to conclude contract of operation, if correspond Annex N 3 Form 10 firm promise to conclude contract of railway advisory Annex N 3 Form 11 Affidavit (General Commitments) Annex N 5 Form N 2, Constitution commitment Amendment N 11 Form 1 of Annex N 2, of Appendix 2 of Annex 8 and the Annex N 12 are modified as follows: Lima, September 23, 2015. Stamped and signed Roberto Luis Urrunaga Pascó-Font President of PROINVERSION Committee on Road, Rail and Airport Infrastructure Projects PRO INTEGRATION PROINVERSION Important notice: This is an unofficial translation. In case of divergence between the English and Spanish text, the version in Spanish shall prevail
Lima,.... 201. ANNEX Nº 2 Form 1 MODEL OF PERFORMANCE BOND OF THE CONTRACT (Reference Section 10.2.1.5 of the Bid Terms) Messrs. Ministry of Transportation and Communications Present.- Ref.: Letter of Guarantee No.. Expiration:... Of our consideration: We hereby and upon request of our customers, Messrs......... (Name of Person) (hereinafter "Concessionaire") we issue this joint and several, irrevocable, unconditional and automatically enforceable bond without benefit of excussion or division, up to the amount of......... Dollars of the United States of America ( US $...) in favor of the Ministry of Transportation and Communications to ensure the proper and timely performance of each and every one of the obligations of the Concessionaire arising from the conclusion of the Concession Contract of the project "Comprehensive Rehabilitation Railroad Huancayo - Huancavelica", including the development of EDI of works and Rolling Stock, exploitation, operation, maintenance of the concession, the obligations concerning the mandatory investment of Stage Three, as well as the penalties established in the concession contract, and design errors of the Works and the Rolling Stock that are evidenced during the concession period and the provision of Rolling Stock, the latter, until culminating the second year of the concession. This bond will also ensure the correct and timely fulfillment of the obligations established by the Concessionaire under the provisions of the Consolidated Text of regulations with force of law governing the granting in concession to the private sector in public infrastructure and public services approved by Supreme Decree No. 059-96-PCM. To honor this bond in favor of you simply apply for notarial written request through the Supervisory Board for Investment in Public Transport Infrastructure (OSITRAN), which must be signed by a person duly authorized by this body. The payment will be paid within the following 24 hours to your request in our offices in...... Any delay on our part to honor it shall accrue an equivalent interest to LIBOR plus a spread of 2% interest and shall accrue interest from the date of the request to honor until the effective payment date. Our obligations under this Bond shall not be affected by any dispute between you and our customers. This bond shall be effective since..... 201, until..... 20., inclusive. Cordially tours,
Signature.. Name. Banking entity. ANNEX N 8 Appendix 2 List of documents of Data Room (Reference: Section 3.2.3 of the Bid Terms) CODE DOCUMENT LANGUAGE DIGITAL ( ) (. ) ( ) (. ) 14 Comprehensive Rehabilitation of Huancayo Huancavelica Railway Report Nº 6A initial Environmental evaluation under the rehabilitation scheme prepared by consortium TGGT, integrated by TRN Goeoconsult Perú Geocontrol TP Invest July 2015. Spanish (pdf and editable)
ANNEX Nº 12 Activity SCHEDULE (Reference: Section 1.7. of the Bidding Documents) Date (. ) CONTRACT Delivery of the first draft contract September 07, 2015 Suggestions to the first draft contract Until October 07, 2015 Delivery of the second draft contract ( ) To be announced by Notice ( ) Important notice: This is an unofficial translation. In case of divergence between the English and Spanish text, the version in Spanish shall prevail