andhra pradesh pollution control board …apcbipmp.gov.in/docs/nmk works_minutes_pre-bid...

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ANDHRA PRADESH POLLUTION CONTROL BOARD Capacity Building for Industrial Pollution Management Project

(CBIPMP) World Bank Assisted Project

A-3, Industrial Estate, Sanath Nagar, HYDERABAD – 500 018. Phone: +91-40-23887500; Ex. 570

MINUTES OF THE PRE-BID MEETING HELD ON 09.04.2014 FOR THE REMEDIATION WORKS OF NOOR

MOHAMMAD KUNTA (NMK), KATTEDAN INDUSTRIAL ESTATE (KIE), RANGA REDDY DISTRICT, ANDHRA PRADESH, INDIA

Date : 09.04.2014 Time : 11.00 AM Venue : Meeting Hall II, APPCB Members present:

1. Dr. K V Ramani, JCES, APPCB / Head PIU, CBIPMP 2. Sri. S.S.S. Murali, EE, CBIPMP 3. Sri. Y. Achutaramaiah, Procurement Specialist, CBIPMP 4. Sri. D. Prasad, MES, CBIPMP

Prospective Bidders:

1. Dr. Srinivas Kanuchola, Ecoventures (P) Ltd., New Delhi

2. Sri. Amit Jua, Ramky Enviro Engineers Ltd., Hyderabad

3. Sri. Surjth Reddy, CFO, Ramky Enviro Engineers Ltd., Hyderabad

4. Sri. Subash Koduri, Manager-IBD, Ramky Enviro Engineers Ltd., Hyderabad

5. Sri. Bobby Kurien, Head-IES, Ramky Enviro Engineers Ltd., Hyderabad

6. V. Gangadhara Rao, General Manager, Ocean Sparkle Ltd., Hyderabad

7. D.V. Venugopal Rao, Sr. Manager, Ocean Sparkle Ltd., Hyderabad

8. Rakesh Kumar Jakhar,Dy. Manager, Ocean Sparkle Ltd., Hyderabad

Consultant:

1. Sri. Marten Van Der Wijk, Witteveen+Bos

The Head PIU welcomed the prospective bidders and requested the consultant to make a presentation on the progress of the project so far for the benefit of the prospective bidders. Mr. Marten has made a presentation on the Remediation of NMK-KIE. The queries of the prospective bidders were taken one after the other. The details of querries and clarifications are mentioned at Annex.

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ANNEX MINUTES OF THE PRE-BID MEETING HELD ON 09.04.2014 FOR THE REMEDIATION WORKS OF NMK-KIE

Name : Ocean Sparkle Ltd., Hyderabad Sl.

No. Section / Clause / Page No: Original Text Description of Query Remarks / Reply of APPCB

1 SECTION-1: ITB:

Clause 12: Letter of Bid and Schedule – Page 16

Clause: 11:Documents Comprising the Bid – Page 15

12.1 The Letter of Bid and Schedules, including the Bill of Quantities, shall be prepared using the relevant forms furnished in Section IV, Bidding Forms. The forms must be completed without any alterations to the text, and no substitutes shall be accepted except as provided under ITB 20.2. All blank spaces shall be filled in with the information requested. 11.1 The Bid shall comprise the following:

(a) Letter of Bid and Appendix to Bid, in accordance with ITB 12;

(b) completed schedules as required, including priced Bill of Quantities, in accordance with ITB 12 and 14;

(c) Bid Security or Bid-Securing Declaration, in accordance with ITB 19.1;

(d) alternative bids, if permissible, in accordance with ITB 13;

(e) written confirmation authorizing the signatory of the Bid to commit the Bidder, in accordance with ITB 20.2;

(f) documentary evidence in accordance

Please clarify whether the Technical bid and Price Bid to be submitted in separate covers or in a common cover.

It is a single bid and has to be placed in the common cover as per the clause 11.1 of ITB. On the bid opening day, the technical bid and the price bid will be opened. The price as given by the bidder will be read-out.

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Section / Clause / Page No: Original Text Description of Query Remarks / Reply of APPCB

with ITB 17 establishing the Bidder’s continued qualified status or, if post-qualification applies, as specified in accordance with ITB 4.8, the Bidder’s qualifications to perform the contract if its Bid is accepted;

(g) Technical Proposal in accordance with ITB 16; and

(h) any other document required in the BDS.

11.2 In addition to the requirements under ITB 11.1, bids submitted by a JV shall include a copy of the Joint Venture Agreement entered into by all members. Alternatively, a letter of intent to execute a Joint Venture Agreement in the event of a successful bid shall be signed by all members and submitted with the bid, together with a copy of the proposed Agreement.

11.3 The Bidder shall furnish in the Letter of Bid information on commissions and gratuities, if any, paid or to be paid to agents or any other party relating to this Bid.

2 SECTION-1: ITB :

Clause: 14.7 : Bid Prices and Discounts – Page 18

All duties, taxes, and other levies payable by the Contractor under the Contract, or for any other cause, as of the date 28 days prior to the deadline for submission of bids, shall be included in the rates and prices and the total

(1) We understand that the Quoted Rates would not include taxes, duties and levies, royalties (i.e. VAT, labour cess and Service Tax etc.). We wish to submit that the Service Tax is also applicable for the services mentioned in

There shall be no change to the bidding document provisions for the Bid Price and Discounts clause. Standard Bid Document

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SECTION-IV: Part 1 to Part 9 of BOQ - Page 61 to 105

Bid Price submitted by the Bidder

*: The above prices are exclusive of VAT and Labour Cess (while filling the BoQ please mention the exact percentage)

the tender. Therefore, we also request you to kindly modify all the relevant clauses in the tender regarding Taxes.

(2) We request that any change in the existing rate of taxes / any new taxes, Duties, fees etc. applicable for the services provided under the Contract from the date 28 days prior to the deadline for submission of bid, shall be paid and borne by the Employer.

In view of the above we request you to kindly modify all the relevant clauses as follows:

“The rates quoted shall be exclusive of all applicable Indirect Taxes (i.e. VAT, labour cess and Service Tax etc) and the all applicable indirect Taxes shall be payable by the Employer as on actual and on provision of documentary proof. Further, any change in the existing rate of taxes / any new taxes, Duties, fees etc., for the services provided under the Contract from the date 28 days prior to the deadline for submission of bid, shall be paid and borne by the Employer.”

clauses shall prevail.

Please indicate the exact percentages of taxes and project contingencies at each of the sub-sections of BOQ and grand total for all the sections of BOQ. As requested by the prospective bidders the Soft copy of the BoQ will be provided. In case of any discrepancy between the BOQ mentioned in the Bidding Document issued to the bidders and the soft copy, the hard copy version shall prevail.

3 Part 3 – General Conditions of Contract, Clause 1.13 – page no.345

(b) the Contractor shall give all notices, pay all taxes, duties and fees, and obtain all permits, licences and approvals, as required by the Laws in relation to the execution and completion of the Works and the remedying of any defects; and the Contractor shall indemnify and hold the Employer harmless against and from the

(1) We request that all indirect taxes, duties and fees shall be borne by the Employer.

1. Proposed change to existing Bidding Document clause is not accepted.” 2. As per the site conditions

the contractor has to obtain all necessary

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Part 3 – General Conditions of Contract, Clause 2.2: Permits, Licences or approvals – page no. 347

Section VII, Specifications, Clause 3.4 Permits and Licenses – page no. 244

Part 3 – General Conditions of Contract, Clause 14.1: The Contract Price - page no. 405

consequences of any failure to do so, unless the Contractor is impeded to accomplish these actions and shows evidence of its diligence. The Employer shall provide, at the request of the Contractor, such reasonable………….: (b) any permits, licenses or approvals required by the Laws of the Country: (i) which the Contractor is required to obtain under Sub-Clause 1.13 [Compliance with Laws], Unless otherwise explicitly stipulated in these specifications, all permits and licenses necessary for the proper execution of the Works shall be secured by the Contractor at its own expense. (b) the Contractor shall pay all taxes, duties and fees required to be paid by him under the Contract, and the Contract Price shall not be adjusted for any of these costs except as stated in Sub-Clause 13.7 [Adjustments for Changes in Legislation];

(2) Further all permits and licenses and approvals is the responsibility of the Employer, however the Contractor shall assist the Employer in procuring such approvals and licenses, permits for the work under this Contract.

Hence we request the various clauses in the Tender to be modified suitably.

(3) Further, please provide us the list of licences & approval required for the work to be carried out under the Tender.

approvals as required to execute the work without causing any delay. However, APPCB will facilitate by addressing the concerned Govt. Depts.

3. It is the bidder’s

responsibility to assess the list of licences and approvals which will be required to execute the contract.

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4 SECTION-IV:

SL no 906: Summary of Operation and Maintenance Costs for 5 Years – page no 105 and 108

Total Operation and ……... The rate shall include all labour, material, plant and machinery, equipments, tools and tackles, fuel oil, incidental charges, taxes and duties and other operation charges in totality complete

Note: The prices for items mentioned from Sl.No.1 to 7 are inclusive of Vat, Labour Cess and Project Contingencies and for Sl.No.8 & 9, the prices are inclusive of Vat % and Labuor Cess (while filling the BoQ please mention the exact percentage)

It is beyond the capacities of the Contractor to predict and/or provide for any future increase/decrease of taxes in the prices to be quoted now. Also if at all such an attempt is made it would unnecessarily increase the prices. Hence request the Employer to consider that in case of any such eventuality the benefit as well as the cost would be passed on to the Employer.

Therefore, we request you to kindly exclude the taxes and duties from the quoted rates. Further, the same shall be payable by the employer.

This is in line with the query at SL no 2 above.

The contractor has to bear all the taxes applicable at the time of execution. The Sl. No. 8 & 9 are related to the O & M, whereas, the sl. No. 1 to 7 are related to project works.

5 SECTION-1: ITB :

Clause: 18.3 (a)- page no.20

Section II. Bid Data Sheet – page no. 38

In the case of fixed price contracts, the Contract price shall be the bid price adjusted by the factor specified in the BDS.

18.3 (a) The bid price shall be adjusted by the following factor: N/A

We request you to kindly consider the price adjustment due to change in Government Policy specifically related to consumables like change in prices of HSD (High speed Diesel) which is an essential component for dredging and transportation activities and which is also a major component of the Total cost incurred (i.e Approx 30% of the total cost).

We suggest the following adjustment formula for the same:

PRICE CORRECTION FACTOR:

The project duration is of 17 months and hence all possible contingencies need to be built-in by the prospective bidder being a fixed price contract (ITB 14.5) and hence the request cannot be considered.

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a) Price Correction Factor based on variation in price of diesel will be payable as per the given formula:

Correction Factor %

= 0.3 X {P-Q} *100

Q

Where, P = New Diesel Price.

Q = Base Diesel Price.

Base Diesel Price: Shall mean the diesel price on the date 28 days prior to the deadline of submission of Bids.

New Diesel Price: Shall mean the diesel new price during the tenure of the contract.

c) Price of Diesel: Diesel Retail price of Indian Oil Corporation Ltd. Of Hyderabad shall be considered.

d) Diesel shall mean HSD/ non branded diesel only.

6 Section III. Evaluation and Qualification Criteria

Clause: 3. Qualification - page no.40 to 52

Sub clause: 3.2 :Average Annual Construction Turnover

We request you that the ongoing contracts experience shall be considered for the qualification under the mentioned clauses. However, the value/quantities of the on going contract shall be considered till the bid submission date only.

It may be noted from the bidding document the on-going contracts where 80% of the total work is completed will be considered. The Clause no. 4.1 (a) to be

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Sub clause : 4. Experience – p.no. 47

Including Sub clause: 4.1 (a): General Construction Experience

& Sub clause: 4.2 (a): Specific Construction & Contract Management Experience , 4.2 (b)

amended as follows: “Instead of each member, all parties combined must meet the requirement of key activities” An Amendment will be issued for the above.

7 Section III. Evaluation and Qualification Criteria

Clause: 3. Qualification – page no.46

Sub Clause: 3.1(ii) The Bidders shall also demonstrate, to the satisfaction of the Employer, that it has adequate sources of finance to meet the cash flow requirements

We request you to kindly consider the Solvency certificate from the bank.

The value of the Bank solvency certificate may be specified by the Employer.

Solvency certificate will not be considered Proposed change to existing Bidding Document clause is not accepted.”

8 Section III.

Clause: 3. Qualification /

Sub clause: 3.2 Average Annual Construction Turnover - page No. 47

Minimum average annual construction turnover of INR. 472.00 Million or US$.8.00 Million calculated as total certified payments received for contracts in progress and/or completed within Five the last 5 years (2008-09, 2009-10, 2010-11, 2011-12, 2012-13) divided by Five years

(1) We request you to kindly consider the Turnover from dredging works as construction turnover. The dredging turnover certificed by the Chartered Accountant will be submitted by the Tenderer as a proof of the same.

(2) We request you to kindly reduce the Minimum average annual construction turnover of requirement from INR. 472.00 Million to INR 236 Million.

The dredging experience is already mentioned in the eligibility and qualification criteria under 4.2 (a) The minimum average annual turnover value of INR.350 Million instead of INR 472 million . An Amendment will be issued The Indian financial year is considered i.e. 1st April to 31st March.

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(3) we understand that for the the Indian bidders the meaning of years 2008-09, 2009-10, etc shall mean Financial year i.e. 1st April to 31st March.

Kindly Clarify.

9 Section III.

Clause: 3. Qualification

Sub clause: 4: Experience

Sub clause: 4.1 (a) General Construction Experience – page no.48

Experience under construction contracts related to the lake remediation in the role of prime contractor, ................

(1) We request you to kindly consider the dredging works in lake for the same.

The dredging experience is already mentioned in the eligibility and qualification criteria under 4.2 (a)

10 Section III.



Sub clause: 4.2 (a) (i) – page no.10

Specific Construction & Contract Management Experience

(i) A minimum number of similar5 contracts specified below that have been satisfactorily and substantially6 completed as a prime contractor, joint venture member7, management contractor or sub-...

Substantial completion shall be based on 80% or more works completed under the contract

(1) We are of the opinion that the on-going contracts which satisfy the value/quantity as per the qualification requirement should be considered for the qualification purpose. However, the value/quantity of the work will be considered till the bid submission date only.

Further, for the same the tenderer shall submit the certificate from the Client showing the value/quantity of the work..

Therefore, we request you to kindly delete the requirement of substantially completion (i.e. Note no. 6).

In the footnote no. 5 & 6, the clarification has been given on the similarity and substantial completion of the project. Based on the similarity, the substantially completion will be applicable.

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11 SECTION IV:

DAY WORK RATES (TO BE QUOTED BY CONTRACTOR): - page no. 109

Tenderer to quote prevailing rates. The quoted rates will be escalated based on the Cost of Living Index.

Already answered.

12 SECTION IV:

Schedule of Day Work Rates - Construction: Materials – p.no. 110

Schedule of Day Work Rates - Construction: Equipments – P.no. 111

Tenderer to quote prevailing rates as on the date of bid submission. However, the same will be escalated based on Schedule of Rates (SOR) of any states/central Government percentage of increase.

The project duration is of 17 months and hence all possible contingencies need to be built-in by the prospective bidder and hence the request cannot be considered.

13 SECTION VIII:

Clause: 18:

Clause: 18.1 to 18.4 – Page No.430

We understand that the tenderer to consider cost of insurance for (1) Workmen Compensation policy (2) Group personnel accident policy (3) Insurance for the equipment deployed at work (4) Third Party liability to the Tune of 1% of the total value of the Work.

Kindly clarify if it is otherwise.

Yes. However, all conditions in the clauses 18.1 to 18.4 must be fulfilled.

14 Section III.



Sub clause: 4.2 (a) (i)

......between 1st January 2008 and application submission deadline: (i) N contracts, each of minimum value V;

Or

(ii) Less than or equal to N contracts, each of minimum value V, but with total value of all

(1) We request you to kindly consider the dredging works to meet the value requirement (i.e. V).

(2) Further, we request you to kindly reduce the value of the contract from INR 268 Million

1)The dredging experience is already mentioned in the eligibility and qualification criteria under 4.2 (a) 2) The value has been reduced to INR 160 million. An amendment will be

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contracts equal or more than Σ N x V;

N=1 and V= INR.268.00 Million or US$ 4.5 Million

to INR 100 million.

issued.

15 Section III.



Sub clause: 4.2 (a) (i)

Key activities:

(1) Earthworks for excavation, backfilling and profiling (levelling and compaction) for construction of containment cells and general remediation works:

20,000 cum. for single bidder

(2) HDPE Liner laying, welding and installation experience for construction of containment cell

20,000 cum. for single bidder

(3) environmental dredging work including handling of sediment material:

30,000cum. for single bidder.

(4) dewatering of sediments with the use of flocculants, electrolytes and/or bags or tubes of geotextile, with the aim to contain the polluted sediments within those bags or tubes :

30,000cum. for single bidder.

(5) application of 0.10 m thick layer of sand with aim to cover underwater bottom of fresh water

(1) We request you to consider the earthwork excavation by mechanical dredging for rejuvenation of lake..

(2) We request you to kindly reduce the quantity for single entity from 20,000 cum to 10000 cum.

(3) We understand that dredging work which includes handling of sediment through pipes for environmental rejuvenation work of a lake shall qualify for this. Kindly confirm.

(4) We understand that dredging work by using flocculants with aim to dewatering of the sediments and thereby to contain the sediments within the open containment bunds shall also qualify for this, Kindly confirm.

(5) We request you to kindly exempt this requirement, As it will restrict the competition.

The experience of mechanical dredging in water / aquatic environments will only be considered An amendment will be issued. The request is considered. An amendment will be issued. The request is considered. An amendment will be issued. The request is considered. An amendment will be issued. This activity will be taken out from the Key activities. But

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bodies or shallow seas :

25,000 sq.m for single bidder

the Bidder shall be required to demonstrate in the bid that he has necessary resources to carry out the activity.

An amendment will be issued

16 Section III

BID CAPACITY – page no. 55

Bidders who meet the minimum qualification criteria will be qualified only if their available bid capacity is more than the total bid value. The available bid capacity will be calculated as under:

Assessed Available Bid capacity = ( A*N*1.5 - B )

where

A = Maximum value of civil engineering works executed in any one year during the last five years …….. the completed as well as works in progress.

B = Value, at 2013 price level, of existing commitments and on-going works to be completed during the next 1 year (period of completion of the works for which bids are invited)

(1) As the civil engineering works also includes dredging work hence, the value of dredging work shall also be considered for executed and for existing commitments for this clause.

(2) Kindly clarify/provide the value of total bid.

(3) Please elaborate how the 2013 price level shall be calculated. Further, provide us the exact date on which these 2013 price levels will be considered (for example 31st March 2013 or 31st Dec-2013 etc.).

(4) We also request you to kindly modify the

The dredging experience is already mentioned in the eligibility and qualification criteria under 4.2 (a) As per the ICB document, the estimated valued of the work cannot be given This has been mentioned in the Bid document. The method for calculating is as follows: Financial turnover and cost of completed works of previous years shall be given weightage of 5% per year based on rupee value to bring them to 2013 price level. This is standard clause. Modifications shall not be

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1st paragraph as follows:

“Bidders who meet the minimum qualification criteria will be qualified only if their available bid capacity is at least 50% of the total bid value.”

allowed.

17 Section III.

Clause: 3.6 Equipment – page no. 53

1. Dredger equipped with an auger head The actual operation and movement of the dredging equipment should be computer guided on the basis of this 3D model and a high accuracy dGPS positioning system. The combination of the 3D model guidance and dGPS positioning has to allow for a total dredging accuracy of + 0.003 m. – 01 No.

2. Hydraulic dredger with auger head and with a daily capacity of at least 350 cums per day, including sufficient floating pipelines to transport the sediment slurry – 01 No.

(1) We understand that one number Cutter Suction Dredger (CSD) with minimum capacity of slurry of 350 cum per day would suffice. Further, dredging operations to be carried out with auger head.

Kindly confirm.

The Bidder must demonstrate that it has one dredger equipped with an auger head which meets the specifications as mentioned under 1 and 2. An Amendment will be issued

18 Section III.

Clause: 3.6 Equipment

Page no. 53

System consisting of pumps and pipes, which is at least able to pump a minimum amount of 350 cums of sediments per day and additional required volumes of process water and flocculants/electrolytes with appropriate pressure in the tubes of geotextile .

Kindly provide the pumping distance i.e. distance from dredging location to geotextile tubes.

Pl refer drawings The Contractor can obtain the required distances from the provided drawings

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19 Section III.

Clause: 3.6 Equipment

Pontoons - 10 No. or in a number sufficient to provide 2 times a free working platform of at least 20 sq.m and a bearing capacity sufficient to transport an hydraulic excavator.

We understand that sufficient depth of water is available to float pontoon after loading the hydraulic excavator on it.

We wish to submit that shallow water will result in grounding of pontoon and making the excavator idle.

Hence, instead of making this clause as condition it should be the responsibility of the bidder to ensure that the scope of work is completed.

The suggestion given is agreed. An Amendment will be issued as follows: It should be the responsibility of the bidder to ensure that the scope of work is completed. The Bidder must demonstrate that it has the specified pontoons available. It remains the responsibility of the Contractor to select the required and appropriate equipment for the implementation of the works and the Contractor has to ensure that the scope of the works is completed.

20 Section III.

Clause: 3.6 Equipment – page no.53

Equipment at SL no. 7 to 16: We understand that the equipment at SL no 7 to 16 can be hired and the tenderer to produce consent letter from the owner of these equipment at the time of bid submission.

The bidder may either procure / hire the required equipment and has to give an undertaking to that effect. The Bidder must demonstrate that it has the key equipment listed. The suggested consent letter is sufficient proof to demonstrate this.

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An Amendment will be issued.

21 Section III.

Clause: 3.5 Personnel – page no. 53

HDPE Welders – 1 each

We wish to submit that the services of certified HDPE welder will be taken by the Tenderer for HDPE lining jobs. However, the experience and other details will be furnished prior to the commencement of the Job.

Therefore, we request you to kindly exempt us from submitting the details on the tender submission date.

Certified HDPE welder services may be acceptable. However, the details to be submitted along with the bid for evaluation. An Amendment will be issued

22 SECTION IV:

Bidders Qualification without prequalification – p.no. 122 to 140

From Form ELI -1.1 , Form ELI -1.2, Form CON – 2, Form FIN – 3.1: Form FIN – 3.2: Form FIN – 3.3: Form FIN – 3.4: Form EXP - 4.1; Form EXP - 4.2(a); Form EXP - 4.2(a) (cont.)

*Refer to ITB 15 for the exchange rate

-USD equivalent

As the clause 15 of ITB does not provide any reference to the exchange rate to be taken to calculate the USD equivalent under the various forms given in the Section IV, we wish to submit that, if the Indian bidders need to convert any currency into USD, they will take the RBI reference rate prevailing at the end of that relevant financial year (i.e. on 31st March of that particular year to which the number belongs to.)

Applicable only for International bidders. The conversion rate will be the exchange rate prevailing on the date of opening of the bids.

23 Additional Query Kindly Clarify :

(A) the meaning of :”Authorised disposal

The agencies authorised by APPCB for MSW / HWM / BMW will be given to the bidders.

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facility”

(B) Provide approved tariff of the disposal facility for disposal of Municipal Solid Waste, Bio Medical Waste, Hazardous Waste – This will provide common understanding of rates to all bidders and provide more clarity while representing the prices. If in case of any increase in tariff by Government / Government body same will be reimbursed to the contractor.

(C) We understand from the document that the disposal facility is within 5 KM, if there is any increase in distance, Employer will pay for additional distance on pro-rata basis over and above 5KM.

A: an authorized disposal facility has to be fully permitted by the appropriate authorities for the acceptance, handling and disposal of the specified waste category

B: The Contractor has to obtain the disposal tariffs

It is the responsibility of the bidder to obtain tariffs from the authorised agencies. C: the collection and disposal facility for MSW is within 5 km distance from the remediation site The 5 KM distance has been specified for disposing the MSW to authorised public collection point operated by GHMC. For the other wastes i.e. HWM and BMW this distance does not apply. These wastes have to the transported to

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the authorised facilities. 24 Part 3 – General Conditions of

Contract, Clause – Definitions sub-clause 1.1.3.7 read along with Clause 11.1 to 11.8 : Defect Liability – p.no. 336

We request all reference of Defect Liability and/or Defect Notification Period may please be deleted as the same is not applicable to the present scope of work.

Not agreed. The Defect Liability period is applicable to this work also.

25 Part 3 – General Conditions of Contract, Clause 4.2 Performance Security read along with Part A Contract Data Pg. 459

Part A Contract Data Pg. 459

The Contractor shall obtain (at his cost) a Performance Security for proper performance, in the amount stated in the Contract Data and denominated in the currency(ies) of the Contract or in a freely convertible currency acceptable ………. The performance security will be in the form of a an unconditional bank guarantee in the amount(s) of 5% of the accepted contract amount + additional security for the unbalanced items if any in the same currency (ies) of the accepted contract amount

Clause 4.2 stipulates that if there is any variation in the Contract Price amounting to more than 25% the Performance Security would be increased or decreased by equal percentage which adequately covers all contingencies. Thereby we are unable to understand the unbalanced items stated in the Contract Data on pg 459.

We request you to kindly clarify the same.

Pl refer clause no.35.5 of Section I Instruction to Bidders (Page No.31 of Bid Document) in the bid document which is self- explanatory.

26 Part 3 – General Conditions of Contract, Clause 8.2: Time for completion read along with Part A Contract Data ‘Time for Completion’ on Pg. 458

The Contractor shall complete the whole of the Works, and each Section (if any), within the Time for Completion for the Works or Section (as the case may be), including: (a) achieving the passing of the Tests on Completion, and (b) completing all work which is stated in the Contract as being required for the Works or Section to be considered to be completed for

The scope of work envisages collection of dredged material in geotextile bags for dewatering and drying and subsequent transfer to the dumping sites.

We would like to submit that the dewatering and drying is not in the control of the

The scope of work is clearly mentioned and does not involve transfer of any dredged material to disposal facility as this is an in-situ disposal option. Dewatering of the collected sediments has to be done

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Part 3 – General Conditions of Contract, Clause 8.6 Rate of Progress.

Part 3 – General Conditions of Contract, Clause 8.7: Delay Damages

the purposes of taking-over under Sub-Clause 10.1 [Taking Over of the Works and Sections]. Unless the Engineer notifies otherwise, the Contractor shall adopt these revised methods, which may require increases in the working hours and/or in the numbers of Contractor’s Personnel and/or Goods, at the risk and cost of the Contractor. If these revised methods cause the Employer to incur additional costs, the Contractor shall subject to notice under Sub-Clause 2.5 *Employer’s Claims+ pay these costs to the Employer, in addition to delay damages (if any) under Sub-Clause 8.7 below

These delay damages shall be the sum stated in the Contract Data, which shall be paid for every day which shall elapse between the relevant Time for Completion and the date stated in the Taking-Over Certificate. However, the total amount due under this Sub-Clause shall not exceed the maximum amount of delay damages (if any) stated in the Contract Data.

Contractor and due to the same the dredging activity may slow down.

Thereby we request if any revised methods are adopted as stated in clause 8.6, the cost increase shall be borne by the Employer and suitable extensions shall be provided to the Contractor.

Further, no liabilities such as delay or liquidated damages as stated in clause 8.6 & 8.7 shall be levied on the Contractor.

We also request that the maximum liability of the Contractor for any damages shall be restricted to the total amount of Performance Security.

In light of the above, we request that the relevant clauses to be suitably be modified.

amongst others with tubes of geotextile at the dumping sites. The process of dewatering is under full control of the contractor. Hence, the suggestion not agreed. Already clarified

27 Part 3 – General Conditions of Contract, Clause 8.11: Prolonged Suspension. – P.No. 386

If the suspension under Sub-Clause 8.8 [Suspension of Work] has continued for more than 84 days, the Contractor may request the Engineer’s permission to proceed. If the

We presume that the period of 84 days is on a cumulative basis during the period of contract, beyond this period the Contractor shall be at

It was clarified that this cumulative period of 84 days has been given as a contingency for any delay

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Engineer does not give permission within 28 days after being requested to do so, the Contractor may, by giving notice to the Engineer, treat the suspension as an omission under Clause 13 [Variations and Adjustments] of the affected part of the Works. If the suspension affects the whole of the Works, the Contractor may give notice of termination under Sub-Clause 16.2 [Termination by Contractor].

the liberty to withdraw from the contractual obligations under the Contract by giving notice under sub Clause 16.2[Termination by Contractor].

Further, we request that if part of the work is suspended for the cumulative period of 84 days, the Contractor shall have the right to terminate the contract to the extent of such partly suspended works.

Thereby we request for suitable modification to the clause.

due to un-foreseen conditions. The details have been given in clause 8.8. Not agreed. Refer to clause no. 8.8

28 Part 3 – General Conditions of Contract, Clause 12.3: Evaluation, sub- clause (a) (iv) – page . 397

However, a new rate or price shall be appropriate for an item of work if: (a) (i) the measured quantity of the item is changed by more than 25% from the quantity of this item in the Bill of Quantities or other Schedule, (ii) this change in quantity multiplied by such specified rate for this item exceeds 0.25% of the Accepted Contract Amount, (iii) this change in quantity directly changes the Cost per unit quantity of this item by more than 1%, and (iv) this item is not specified in the Contract as a “fixed rate item”;

If it exceeds 25 percent of BoQ for particular item, the issue will be placed before a committee constituted by the project authorities for taking appropriate action.

29 Part 3 – General Conditions of Contract, Clause 15.2: Termination

The Employer shall then give notice that the Contractor’s Equipment and Temporary Works will be released to the Contractor at or near the

We request deletion of the highlighted portion of the clause:

As this is a standard clause of the ICB document, hence this cannot be considered.

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By Employer – page no. 419

Site. The Contractor shall promptly arrange their removal, at the risk and cost of the Contractor. However, if by this time the Contractor has failed to make a payment due to the Employer, these items may be sold by the Employer in order to recover this payment. Any balance of the proceeds shall then be paid to the Contractor.

The Employer shall then give notice that the Contractor’s Equipment and Temporary Works will be released to the Contractor at or near the Site. The Contractor shall promptly arrange their removal, at the risk and cost of the Contractor.

30 Part 3 – General Conditions of Contract, Clause 15.4 : Payment after Termination –page no.420

(c) recover from the Contractor any losses and damages incurred by the Employer and any extra costs of completing the Works, after allowing for any sum due to the Contractor under Sub-Clause 15.3 [Valuation at Date of Termination]. After recovering any such losses, damages and extra costs, the Employer shall pay any balance to the Contractor.


31 Part 3 – General Conditions of Contract, Clause 15.5: Employer’s Entitlement to Termination for Convenience – page no. 420

The Employer shall be entitled to terminate the Contract, at any time for the Employer’s convenience, by giving notice of such termination to the Contractor. The termination shall take effect 28 days after the later of the dates on which the Contractor receives this notice or the Employer returns the Performance Security.

The Employer shall have the right to terminate the Contract only in case of breach of contractual obligations.

Hence request to delete Clause 15.5.


32 Part 3 – General Conditions of Notwithstanding the above, if the Bank has We understand that once the notice for Yes, it will be intimated.

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Contract, Clause 16.1: Contractor’s Entitlement to Suspend Work – page no. 422

suspended disbursements under the loan or credit from which payments to the Contractor are being made, in whole or in part, for the execution of the Works, and no alternative funds are available as provided for in Sub-Clause 2.4 *Employer’s Financial Arrangements], the Contractor may by notice suspend work or reduce the rate of work at any time, but not less than 7 days after the Borrower having received the suspension notification from the Bank

suspension of credit facilities is received by the Borrower, the same shall be intimated to the Contractor.

Please Confirm.

33 Part 3 – General Conditions of Contract, Clause 17.6 :Limitation of Liability r/w Section IX Particular Conditions, Part A –Contract Data (Pg. 461)

Clause 17.6 Neither Party shall be liable to the other Party for loss of use of any Works, loss of profit, loss of any contract or for any indirect or consequential loss or damage which may be suffered by the other Party in connection with the Contract, other than as specifically provided in Sub-Clause 8.7 [Delay Damages]; Sub-Clause 11.2 [Cost of Remedying Defects]; Sub-Clause 15.4 [Payment after Termination]; Sub-Clause 16.4 [Payment on Termination]; Sub-Clause 17.1 [Indemnities]; Sub-Clause 17.4(b) *Consequences of Employer’s Risks+ and Sub-Clause 17.5 [Intellectual and Industrial Property Rights]. The total liability of the Contractor to the Employer, under or in connection with the Contract other than under Sub-Clause 4.19 [Electricity, Water and Gas], Sub-Clause 4.20 *Employer’s Equipment and Free-Issue

We submit that the Clause to be modified as under

The total liability of the Contractor to the Employer, under or in connection with the Contract other than under Sub-Clause 4.19 [Electricity, Water and Gas], Sub-Clause 4.20 *Employer’s Equipment and Free-Issue Materials], Sub-Clause 17.1 [Indemnities] and

Sub-Clause 17.5 [Intellectual and Industrial Property Rights], shall not exceed the Performance Security.


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Materials], Sub-Clause 17.1 [Indemnities] and

Sub-Clause 17.5 [Intellectual and Industrial Property Rights], shall not exceed the sum resulting from the application of a multiplier (less or greater than one) to the Accepted Contract Amount, as stated in the Contract Data, or (if such multiplier or other sum is not so stated) the Accepted Contract Amount. This Sub-Clause shall not limit liability in any case of fraud, deliberate default or reckless misconduct by the defaulting Party.

34 Part 3 – General Conditions of Contract, Clause 20.6: Arbitration – page no. 446

The place of arbitration shall be the neutral location specified in the Contract Data; and the arbitration shall be conducted in the language for communications defined in Sub-Clause 1.4 [Law and Language].

We will like to bring to your notice that the Contract Data does not specify the place of Arbitration. Hence we request you to confirm that the Place of Arbitration shall be Hyderabad, Andhra Pradesh for this Contract.

Location of arbitration is Hyderabad. An Amendment will be issued

35 SECTION-VII – page no. 170

NMK Lake:

The sediments in NMK Lake will be removed and contained in cells along the bunds of the Lake. Once the upgradation of the STP and water collection management system have been completed (under a separate Contract), a sand layer will be applied on the bottom of NMK Lake. The application of the sand layer is the final remediation activity under this Contract.

We understand that the activity is linked to the completion of the STP. If there is any delay in STP completion resulting in delay in the sand layer activity, the contractor should get Idle Charges for the duration of delay.

Hence Idle Time charges for the Man-power & equipment to be included in the BOQ.

No idle time charges are applicable as the STP upgradation is a separate tender and does not come under this scope. Idle time due to the completion of the STP is not expected.

Idle Time charges for the Manpower and equipment will not be included in the BoQ.

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36 SECTION-VII;

Second Last Para – page no. 178

Before dredging of the sediments starts the Contractor has to conduct a continuous survey of the thickness of the sediment layer in Lake NMK and the height and position of the top of the clay layer in this lake. This survey has to result in a digital 3D model of the sediment and clay layer. The accuracy of the 3D model should be such that the thickness of the sediment at any position in the lake is known within + 3 centimetre of the actual thickness. The position of the top of the clay layer at any position in the lake should be known with an accuracy of + 2 centimetre.

Please note that the side scan scanner and sub-bottom profiler for surveys are possible only in the water depths in excess of 5 meters to record interoretable data. High resolution sub bottom profiler’s accuracy / resolution is 15 to 20 Cms.

We understand that the max depth at NMK lake is 3.5 Mtrs, hence please suggest alternater (or) you may provide the design depth of dredging required.

Experience with dredging projects, have shown that the required specifications can be met in waters up to a minimal depth of 0.5 meters. The use of appropriate frequencies of the scanner and bottom profilers is however crucial in this respect. Hence, no alternative method is required.

37 Specifications - Design of cover layer containment layer Page no. 284 (12)

On top of the drainage layer a protective cover of non woven geotextile (GSM 250) shall …… on top of the non woven geotextile (GSM 150) layer

Seems error Page 284: The following sentence: “On top of the non woven Geotextile (GSM 150) layer there shall be a vegetative layer

(ordinary earth) of 80 cm to support natural plant growth and to minimize erosion” has to be changed to: “On top of the non woven Geotextile (GSM 250) layer there shall be a vegetative layer (ordinary earth) of 80 cm to support natural plant growth and to minimize erosion.

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An Amendment will be issued.

38 Specifications - Design of cover layer containment layer Page no. 285 and 286 (12.2)

Fill layer of clay or stiff native soil…….. clay and soil (4,176m3) excavated during the remediation and construction activities can be utilised for the construction of the fill layer………. Soil materials used for the fill layer shall be free of any material with particular seize above 5 centimeter. The content of organic material shall be less than 4%

If native soil is found not suitable, i.e. organic material is more than 4% or non-stiff or clay

Suggest alternate site to calculate the lead & cost of material supply.

Page 285 and 286:

On the basis of the site investigation results it is expected that the excavated material can be applied for the fill layer. For this reason no alternate site will be suggested.

39 Specifications – cover layer – page

no.302 (13.2) For this reason it was decided not to remove the clay layer and to protects its integrity by all means.

While dredging with precision its necessary to hold the dredger by anchors or crawlers on ground to maintain the location. Hence clay layer may get disturbed from its original profile.

Page 302:

It is clearly stated that the clay layer may not be disturbed from its original profile. International experience with environmental dredging learns that the required precision dredging can be implemented without disturbing the original profile of the clay layer. For this reason the documents will not be amended as requested.

Opening Size and Flow Rate: Opening size and Textiles used in the

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flow rate are directly proportionate to each other. Hence flow rate of 1800 l/m2/min with in an opening size of 250 microns can not be achieved. The opening size also have influence on the particle retention and again we have to design the flocculation based on the our optimum opening size achievable to provide reasonable flow rate required to have the tube perform during filling.

manufacturing of the tubes have to meet amongst others the following filtration

characteristics:

• Permeability according to EN ISO 11058 ≥ 1,800 liters / m². min

• Characteristic opening O90 according to EN ISO 12956 250mμ

Permeability and characteristic opening have to be tested and proved in accordance with the specified EN ISO tests. Tubes manufactured from textiles meeting amongst others above filtration characteristics are available in the (inter)national market and are on a regular basis applied in the dewatering of sediments. For this reason the required specification with regard to the filtration characteristics will not be amended.

Also the other requirements, specifications, procedures,

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designs, etc.. for dewatering will not be amended. The Contractor has to meet all obligations for dewatering under this Contract.

We draw your attention to Section VII Scope of

Job Page No.165 2nd Paragraph which reads "In Lake NMK the polluted sediments will be removed through dredging. The collected sediments will be dewatered, stabilized and contained in tubes of geo-textile. The tubes with sediments will be placed in containment cells along the bunds of the Lake. After the sediments have been removed, a sand layer will be installed on the floor of the Lake. This sand layer should prevent that after remediation the residual pollution present in the clay layer can migrate into the surface water of the Lake" It is clear from the above that the work is primarily of Dredging and we are surprised to note that in Section III. Evaluation and Qualification Criteria has only mention of CONSTRUCTON TURNOVER, there was no mention of the bidder to have dredging experience. Further please note , work to be carried out with dredger fitted with Aagur head without


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damaging the bottom clay lining with tight tollerance which is a specialized job, such a skill set may not be available with the Construction contractors. Hence we submit that for healthy competition of bidders having skill set accordingly the qualification criteria to be restricted to bidders having experience in dredging in lakes / canals only.

There is no clear methodology for the method of payment for Dredging works i.e Bathymetric Survey. For Example refer BOQ Item 306 specified "Clean up of stagnant water pond 1 in KIE as presented on Drawing Nos. IND50-1-1-1, IND50-1-1-2, IND50-1-1-3 through Dredging and Transportation ......Qty 1084 Cum".

We submit that In dredging industry the payments are made based on the Pre minus Post survey's computed by using simsons rule / survey software viz., hypack for obtaining volumes. Regret to mention that this basic procedure also not mentioned in the document which may lead to ambiguity when it comes for payment. Further all location are irregular in shape and depths, hence survey's shall be conducted at closer grid, say about 1Mtr x 1 Mtr.

As the Lake is a dynamic environment the Contractor has, before the dredging works can commence, to conduct a continuous survey of the lake with an appropriate technique Approved by the employer. Survey results have to be supported by additional hand measurements with for example an auger drill, hand probe or comparable devices. The top of the sediment has to be measured with an accuracy of + 0.03 m. The top of the clay layer has to be measured with an accuracy of + 0.02 m. The survey results have to be incorporated in a continuous 3D model of the (top of the)

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sediments and the top of the clay layer. Survey and 3D model results on the one hand and results of additional hand measurements with for example an auger drill on the other hand should show no larger deviations then the required accuracy for the positions of the top of the sediments and the top of the clay layer.

To guarantee a continuous survey and 3D model the position of the (top of the) sediment and the top of the clay layer have to be measured at least 4 positions per square meter of Lake floor. A standard survey software package has to be used to transform the point readings of the top of the sediments and the top of the clay layer into 2 continuous surfaces representing the top of both layers.

Survey results and the subsequent 3D model have to be verified and approved

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by the Engineer in Charge.

On the basis of the aforementioned approved continuous 3D computer model the final volume of sediments in Lake NMK will be determined before actual implementation of the dredging works by subtracting the surface of the top of the clay layer from the surface of the top of the sediments. This calculated volume has to be approved by the Engineer in Charge and will form the basis for payments.

The majority scope of work is related to dredging and transferring the sludge through pipelines for filling at designated sites, which is a prime experience of Dredging contractors and may not be of Construction contractors.


40 Section III – Evaluation and Qualification Criteria – Clause 4.2.(a) – “Specific Construction and Contract Management Experience” – Page 48

It is stated in column 5 that “Each member must have experience in at least one of the key activities in full and the lead partner should also have experience in two of the most important key activity in full”

What are the “Most Important” Key Activities?

Does “two of the most important key activity” mean any two (2) from the five (5) key activities specified:

1. Earthworks for excavation, backfilling and profiling (levelling and

Sl.No.2,3 and 4 are the most important key activities for this project. Yes, any of the two activities

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compaction) for construction of containment cells and general remediation works.

2. HDPE Liner laying, welding and installation experience for construction of containment cell.

3. Environmental dredging work including handling of sediment material.

4. Dewatering of sediments with the use of flocculants, electrolytes and/or bags or tubes of geotextile, with the aim to contain the polluted sediments within those bags or tubes.

5. Application of 0.10 m thick layer of sand with aim to cover underwater bottom of fresh water bodies or shallow seas.

It seems the two most important key activities are specified as:

1. Earthworks for excavation, backfilling and profiling (levelling and compaction) for construction of containment cells and general remediation works.

2. Dewatering of sediments with the use of flocculants, electrolytes and/or bags or tubes of geotextile, with the aim to contain the polluted sediments within those bags or tubes.

out of the five mentioned activities are considered.

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We request you to consider any two (2) from the five (5) key activities specified.

Please confirm.


It is stated in column 6 that each member “Must meet 25% of the requirement”

25% of what requirement? It is specified in column 5 that “Each member must have experience in at least one of the key activities in full…..” One of the five key activities implies 20%?

It is clarified that the requirement means the key activities.


It is stated in column 7 that each member “Must meet 50% of the requirement”

50% of what requirement? It is specified in column 5 that “Lead Partner should also have experience in two of the most important key activity in full”.

Two of the five key activities in full – implies 40% of the requirement?

It is clarified that the requirement means the key activities.

43 Section III – Evaluation and Qualification Criteria – Clause 4.2 (b) – Page 50.

We do not understand how 4.2 (b) is different from 4.2 (a). Could you please explain in detail.

4.2 a is for specific construction and contract management experience.

4.2 b is for construction experience in key activities

44 Section II – Bid Data Sheet – ITB 2.1. – Page 35

Loan or Financing Agreement amount: USD 40.69 Million

In Kadapa and Kolkata, the “approximate value of work” is specified. Whereas in the tender document for NMK, “ITB 2.1

No. This is the overall project Loan/financing agreement for

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Loan or Financing Agreement amount: USD 40.69 Million”

Can we assume the amount USD 40.69 Million as approximate value of work specified in the tender document (BOQ)?

the entire project and not this particular work.

The estimated cost is not mentioned in ICB tenders cost.

45 Page 151; Last Paragraph Apart from the remediation works the following works will be implemented:

• construction of fences along the FTL line of the Lake and around the open hillock in KIE, prior to start of remediation works;

• construction of a new weir, prior to start of remediation works

• Upgradation of the existing STP to 10 MLD capacity along with the remediation works

Is “Upgradation of STP to 10 MLD” part of the scope? If yes, is it in the BOQ? If no, will this be carried out as a separate contract?

STP upgradation is a separate tender and does not come under this scope.

46 Form EXP 4.2 (b) – Construction Experience in Key Activities – Page 135

Year 1, Year 2, Year 3, and Year 4 specified January 1, 2008 to submission deadline implies 6 Years + 5 Months …

Can we add more rows – Year 5, Year 6, and Year 7?

Yes.

Sd/-

Project Director, CBIPMP / Member Secretary, APPCB