government of the turks and caicos islands … · c. fidic 1999 green book draft contract d....
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GOVERNMENT OF THE TURKS AND CAICOS ISLANDS
MINISTRY OF INFRASTRUCTURE, HOUSING & PLANNING WATERLOO PLAZA, SOUTH BASE
GRAND TURK, TURKS AND CAICOS ISLANDS Telephone: 649-338-3506 Telefax: 649-946-2751
PUBLIC WORKS DEPARTMENT South Base Grand Turk Tel. (649) 338 - 3518 Turks & Caicos Islands Fax. (649) 946 – 2900 British West Indies E-mail: [email protected] Wednesday, June 24, 2015 The Permanent Secretary of Government Support Services invites open tenders for: DESIGN, SUPPLY, INSTALLATION AND COMMISSIONING OF ONE (1) 50,000 GALLONS PER DAY SALT WATER REVERSE OSMOSIS PLANT FOR WATER UNDERTAKING, SOUTH CAICOS, TCI The Government is not bound to accept the lowest or any tender bids offered. Tenders should be submitted in a sealed envelope or via email by 9:00 am on 21st July 2015, clearly marked and address as follows
DESIGN, SUPPLY, INSTALLATION AND COMMISSIONING OF ONE (1) 50,000 GALLONS PER DAY SALT WATER REVERSE OSMOSIS PLANT FOR WATER UNDERTAKING, SOUTH CAICOS, TCI
Secretary to the Procurement Board Central Purchasing Unit White Sands Road Grand Turk Turks & Caicos Islands
Tenders will be opened publicly on Tuesday 21st July 2015 immediately after the closing of Tender Bids. Note to Tenders: For bidders who are outside of the Turks and Caicos Islands please ensure that you give sufficient time for the delivery of the tender document to the Secretary to the Procurement Board via the courier of your choice.
INSTRUCTIONS TO TENDERERS: Tender Reference Number: TR 15/22
1. The Permanent Secretary of the Ministry of Infrastructure, Housing and Planning invites open
tenders from qualified Contractors for the project:
DESIGN, SUPPLY, INSTALLATION AND COMMISSIONING OF ONE (1) 50,000 GALLONS PER DAY SALT WATER REVERSE OSMOSIS
PLANT FOR WATER UNDERTAKING, SOUTH CAICOS, TCI
in accordance with the Conditions of Participation, Tender Documents, Specifications
and Drawings.
2. The full set of Tender Documents will consist of the following.
a. Tender Notice
b. Instructions to Tenderers
c. FIDIC 1999 Green Book Draft Contract
d. Schedule 1 – Scope of Works
e. Schedule 2 – Basic Design Information
f. Schedule 3 - Terms of Supply
g. Schedule 4 – Payment Terms
h. Certificate of Non Collusion
i. Tender Evaluation Criteria
j. Tender Envelope Label
3. Tenders in conformity with all elements of Section 5 below should be enclosed in a
sealed envelope with the Tender Envelope Label attached firmly to the front.
The sealed envelope should not carry any identification mark indicating the sender
of the envelope. This may result in immediate disqualification.
4. Tenders must be received at the address shown on the address label on or before
9am Turks & Caicos Islands time on Tuesday 21 July 2015. Tenders will be opened
publicly at the meeting of the Procurement Board on that date.
It is the Tenderer's responsibility to ensure that a tender which is not delivered by their
hand is received on or before the time stated for closing of tenders. Tenders delivered
after the deadline will be returned unopened. Late tenders delivered by courier or
messenger will be returned unopened to the addressee on the courier receipt. If no return
address is provided late tenders may be opened to determine a return address.
5. The Tenderer shall submit a Tender Package consisting of:
a. A signed and initialled copy of the evaluation Criteria form, which includes the
following
i. A completed, signed copy of the Non-Collusion Certificate (1 Copy)
ii. Copy of Certificate of Registration of Business (optional), copy of current
Business License and Certificate of Good Standing (only if a limited
Company) or equivalent in your home country. (1 Copy)
iii. I certify that neither I nor any of the other Directors or Principals of the
Company have any conflicts of interest within this tender. (1 Copy)
iv. I certify that no contracts with the company have been cancelled for non-
performance in the last 5 years. (1 Copy)
v. I declare that no bankruptcy or insolvency proceedings are held against the
Company or its Principals. (1 Copy)
vi. I declare that there is no litigation against the company or the Principals.
(1 Copy)
vii. A list of sub-contractors proposed is attached including information in 1 to
6 above for each sub-contractor. (5 copies of the list and one copy each of
i to ix for each sub-contractor)
viii. Comments on the Draft Contract (if no comments attached it is assumed
that the bidder will be content to agree the Contract without amendments.)
(1 Copy)
b. Five (5) copies of the signed Agreement and Offer (page 3) and the Attestation
Clauses (page 22) of the FIDIC Green Book, complete with schedules as listed
below which will form part of the Contract.
c. The following information which will be evaluated according to the Evaluation
Criteria.
• Detailed proposal (detailed drawings and breakdown of proposed Reverse Osmosis plant meeting technical specifications will receive the maximum points) (5 copies)
• Proposed work program and schedule preferably in a table or chart form. (5 copies)
• Experience of this kind of works. (5 copies) • Availability of financial resources. Evidence that the Contractor is able to
fund the works. (5 copies)
6. Tenders that do not fully comply with the conditions set out in the above instructions may
not be considered by the Employer for evaluation. If necessary clarifications will be
sought from the bidders prior to final evaluation. A contract will be negotiated with the
preferred bidder.
7. Telegraphic Tenders, Tenders by Telex, Tenders by fax or by email will not be accepted.
Tenderers may revise their Tender subsequent to its submission, the revision being in
writing and stating that it supersedes the previous submission, provided such revision is
received at the offices stated above before the date and time stipulated. Revisions must
state the revised Work Item by number and description, the original and revised Unit
Price and Total Amount for the Item, and the original and revised Total Amount of
Tender. Such revisions shall be marked and addressed as stated above and identified as
"Revisions to Tender". Revisions will not be accepted after the time and date of receipt of
Tenders. No Tender may be altered or amended after having been opened.
8. Tenders shall be typed or printed in block letters, and must be legible in all respects. If
the Tender is corrected, changed erased or altered in any way, each and every such
correction, change, erasure or alteration must be dated and initialed.
9. Tenders shall be in the English Language.
10. In case of an arithmetical error in the Bill of Quantities, the tendered unit prices shall
govern and adjustments will be made to the total amount to suit.
11. Tenders shall be valid for a period of ninety (90) calendar days from the date stated for
the opening of Tenders.
12. The successful Tenderer shall be required to submit a Performance Guarantee, Advance
Payment Bond, Certificate of Insurance and other Documents as specified in the Contract
Documents.
13. Tenders shall be submitted based on the exact details and materials shown or specified in
the Tender Documents.
14. Tenderers shall have no interest in any Tender other than their own, and they shall have
no connection with any person, firm or corporation making a Tender for the same Works.
15. Tenderers shall at their own expense visit, inspect and consider the Works Site, its
surroundings and climatic conditions and obtain for themselves at their own
responsibility all information, including the Tender Documents, Bill of Quantities and
Drawings that may be necessary for making a Tender and entering into a Contract.
Failure of the successful Tenderer to carry out the requirements of this Clause shall in no
way exonerate him from his responsibilities for successfully performing the Works and
carrying out his obligations under the Contract. Information derived from maps, plans,
Specifications, profiles, reports or Drawings or from the Engineer or his assistants, or the
Employer shall not relieve the Tenderer of the responsibility of making his own
assessment of conditions and difficulties that will attend the execution of the Work. The
interpretation of the data disclosed by borings or other preliminary investigations is not
guaranteed by the Engineer or Employer. The successful Tenderer shall not at any time
after the execution of the Construction Contract be entitled to payment for any claim
whatsoever based on incorrectly assumed conditions and any misunderstanding in regard
to the nature, conditions or character of the Works to be done under this Contract.
16. Any Tender which in the opinion of the Evaluation Panel is so unbalanced between the
various Contract Items as to be detrimental to the interest of the Employer may be
rejected.
An unbalanced Tender is defined as a Tender whose various items may consist of one or
both of the following:
a. Unusually high mobilization amount when compared to other Tenders and the
Engineer's Estimate.
b. Unusually higher or lower unit price amounts when compared to other Tenders
and the Engineer's Estimate, resulting in a perceived element of prepayment to the
Contractor,
17. Tenderers shall also note that:
a. Incomplete Tenders and those that do not comply essentially with the
Specifications or do not entirely conform to the Tender Documents may be
rejected and may not be considered.
b. The Employer may declare tendering void when none of the Tenders comply with
the Tender Documents or Specifications or when it is evident that there has been a
lack of competition and/or that there has been collusion amongst Tenderers or
other participants.
c. All Tenders at the sole discretion of the Employer may be rejected if they are
higher than the official budget established by the Employer by an amount
sufficient to provide reasonable justification for such action.
d. Tenders will be rejected if an original tender is not submitted with an alternative
Tender
e. Tenders will be rejected if improperly executed and documented.
f. NO TENDER WILL BE CONSIDERED UNLESS A COMPLETED
SIGNED COPY OF THE NON COLLUSION CERTIFICATE IS
ATTACHED.
18. Should there be any doubt or obscurity as to the meaning of the Tender Documents or as
to anything to be done or not to be done by the Contractor, or as to these Instructions, or
as to any other matter or thing, the Tenderer shall set forth in writing a request for
clarification and submit the same to the Employer not later than ten days before the date
of Tender receipt. A response will be provided by the Engineer within three days in the
form of an Addendum, and sent to all Tenderers and be incorporated in the Tender
Documents.
19. All addenda issued by the Engineer prior to the Tender date shall be attached to and shall
form part of the Tender.
20. All moneys referred to in the Tender Documents are in the currency of the United States
of America ($U.S.) unless otherwise stated.
GOVERNMENT OF THE TURKS AND CAICOS ISLANDS
CONTRACT FOR PLANT AND DESIGN - BUILD DATE: 2015 CONTRACTOR: WORKS: DESIGN, SUPPLY, INSTALLATION AND
COMMISSIONING OF ONE (1) 50,000 GALLONS PER DAY SALT WATER REVERSE OSMOSIS PLANT FOR WATER UNDERTAKING, SOUTH CAICOS, TCI
CONTRACT No: PWD 15-06 W TENDER No: TR 15/22
ATTORNEY GENERAL’S CHAMBERS WATERLOO ROAD
GRAND TURK TURKS AND CAICOS ISLANDS
BRITISH WEST INDIES
CONTENTS
Page
Letter of Tender 4
Appendix to Tender 6
Contract Agreement 10
Particular Conditions 13
Performance Security 17
Advance Payment Guarantee 22
Dispute Adjudication Agreement (for a one-person DAB) 25
Letter of Credit for Performance Security
Letter of Credit for Advance Payment
LETTER OF TENDER
NAME OF CONTRACT: DESIGN, SUPPLY, INSTALLATION AND
COMMISSIONING OF ONE (1) 50,000 GALLONS PER DAY SALT WATER
REVERSE OSMOSIS PLANT FOR WATER UNDERTAKING, SOUTH
CAICOS, TCI
TO: THE GOVERNMENT OF THE TURKS AND CAICOS ISLANDS
We have prepared our proposal dated for the supply of a One (1)
50,000 US Gallon Per Day SWRO Plant as described in schedule 1 & 2 We have
examined, understood and checked these documents, and have ascertained that they
contain no errors or other defects. We accordingly offer to design, execute and complete
the Works and remedy any defects therein in conformity with this Tender, which
includes all these documents and the enclosed Proposal, for the lump sum of
(US$ _______________)
or such other sum as may be determined in accordance with the Conditions of Contract.
We agree to abide by this Tender until October 19th, 2015 and it shall remain binding
upon us, and may be accepted, at any time before that date. We acknowledge that the
Appendix forms part of this Letter of Tender.
If this offer is accepted, we will provide the specified prepayment and warranty bonds,
commence the Works as soon as is reasonably practicable after acceptance of the
contract, and complete the Works in accordance with the above-named documents
within the Time for Completion.
Unless and until a formal Agreement is prepared and executed this Letter of Tender,
together with your written acceptance thereof, shall constitute a binding contract
between us.
We understand that you are not bound to accept the lowest or any tender you may
receive.
Signature: in the capacity of:
Name:
duly authorized to sign tenders for and on behalf of:
Address:
Date: 2015
APPENDIX 1 TO TENDER
[NOTE: With the exception of the items for which the Employer’s requirements have been inserted, the following information must be completed before the Tender is submitted.] Item Sub-Clause Data
Employer’s name and address 1.1.2.2 &1.3 The Government of the Turks and Caicos Islands Government Compound Grand Turk Turks and Caicos Islands British West Indies.
Contractor’s name and address 1.1.2.3 & 1.3
Engineer’s name and address 1.1.2.4 & 1.3 The Director Public Works Department South Base Grand Turk Turks and Caicos Islands British West Indies.
Time for Completion of the Works
1.1.3.3 A maximum of Fifteen (15) weeks for delivery and Four (4) weeks for installation, testing and commissioning.
Defects Notification Period 1.1.3.7 365 (three hundred and sixty-five) days from date of commissioning.
Electronic transmission systems
1.3 Email
Governing Law 1.4 The law of the Turks and Caicos Islands.
Ruling language 1.4 English.
Language for communications 1.4 English.
Time for access to the Site 2.1 Seven (7) calendar days after Commencement Date.
Amount of Performance
Security
4.2 10% (Ten per cent.) of the Accepted Contract Amount, in the currencies and proportions in which the Contract Price is payable will be
delivered in the form of a Letter of Credit payable to the Government of the Turks and Caicos Islands
Contractor’s ultimate parent company (if any)
4.2 .
Period for notifying unforeseeable errors, faults and defects in the Employer’s Requirements
5.1 N/A
Normal working hours 6.5 As determined by the Contractor
Delay damages for the Works 8.7 &14.15 (b) 0.25% (Zero point two five per cent.) of the final Contract Price per day, in the currencies and proportions in which the Contract Price is payable.
Maximum amount of delay damages
8.7 5% (Five per cent.) of the final Contract Price.
If there are Provisional Sums: Percentage for adjustment of Provisional Sums
13.5(b)
Not Applicable
If Sub-Clause 13.8 applies: Adjustments for Changes in Cost; Tables(s) of adjustment data
13.8
Not Applicable
Total advance payment 14.2 30% (Thirty per cent.) of the Accepted Contract Amount.
Number and timing of Installments Advance Payment
14.2 One (1)
Currencies and proportions 14.2 United States Dollars
Start repayment of advance Payment
14.2 (a) See Schedule 4 Payment Terms
Repayment amortization of advance payment
14.2(b) See Schedule 4 Payment Terms
Percentage of retention 14.3 10% (Ten per cent.) on every
payment.
Limit of Retention Money 14.3 10% (Ten per cent.) of
the Accepted Contract Amount.
If Sub-Clause 14.5 applies: Plant and Materials for payment when shipped en route to the Site
14.5(b)
Plant and Materials for payment when delivered to the Site
14.5(c)
Minimum amount of Interim Payment Certificates
14.6 None.
Currency/currencies of payment 14.5 U.S. $ Currency Unit Percentage payable in the Currency
Not applicable
Periods for submission of insurance:
(a) evidence of
insurance
18.1
7 days.
(b) relevant policies
18.1 7days.
Maximum amount of deductibles for insurance of the Employer’s risks
18.2(d) 2%
Minimum amount of third party insurance
18.3 US$500,000.00 (Five Hundred Thousand United States Dollars)
The DAB shall be
20.2 One Sole Member/ adjudicator.
Appointment (if not agreed) to be made by
20.3 & 20.6 The President of FIDIC or a person appointed by the President.
Number of arbitrators 20.6 One. If there are Section: Definition of Sections:
None.
Description (Sub-Clause 1.1.5.6)
Value percentage* of Accepted Contract Amount
Time for completion (Sub-Clause 1.1.3.3)
Delay Damages (Sub-Clause 8.7)
CONTRACT AGREEMENT
THIS AGREEMENT is made the day of
Two Thousand and Fifteen
BETWEEN THE GOVERNMENT OF THE TURKS AND CAICOS ISLANDS of
Government Compound, Grand Turk, Turks and Caicos Islands, British West Indies
(hereinafter called “the Employer”) of the one part, and
(hereinafter called “the Contractor”) of the other part.
WHEREAS the Employer desires that the Works as defined in our proposal dated ______________ 2015, attached and incorporated into this contract as Schedules 1 & 2 known as DESIGN, SUPPLY, INSTALLATION AND COMMISSIONING OF ONE (1) 50,000 GALLONS PER DAY SALT WATER REVERSE OSMOSIS PLANT FOR WATER UNDERTAKING, SOUTH CAICOS, TCI should be designed and executed by the Contractor, and has accepted a Tender by the Contractor for the design, execution and completion of these Works and the remedying of any defects therein.
THE EMPLOYER AND THE CONTRACTOR AGREE as follows:
1. In this Agreement, words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract hereinafter referred
to.
2. The following documents (all of which are either annexed or have been signed in
triplicate for identification purposes on behalf of the Parties) shall be deemed to
form, and be read and construed as, part of this Agreement:
(a) The Letter of Acceptance dated 20
(b) The Letter of Tender dated 20
(c) The Addenda Nos. 1 Payment Schedule 4
(d) The Conditions of Contract, namely:
- the General Condition of the Federation Internationale des
Ingenieurs Conseils (“FIDIC”) Conditions of Contract for Plant and Design – Build for Electrical and Mechanical Plant, and for Building and Engineering Works, designed by the Contractor, First Edition 1999 (including Errata) ISBN 2 – 88432 – 023 – 7; and
- the Particular Conditions.
(e) The Employer’s Requirements are defined and limited to the
following documents:
1. The Contract Documents
2. Letter of Tender
3. The Particular Conditions
4. The General Conditions
(f) The completed Schedules, namely:
Schedule 1 - Scope of Works
Schedule 2 – Basic Design Information
Schedule 3 – Terms of Supply
Schedule 4 – Payment Terms
Schedule 5 - The Contractor’s Proposal dated ………………..
3. In consideration of the payments to be made by the Employer to the Contractor as
hereinafter mentioned, the Contractor hereby covenants with the Employer to
design, execute and complete the Works, and remedy any defects therein, in
conformity with the provisions of the Contract and Schedule 4.
4. The Employer hereby covenants to pay the Contractor, in consideration of the
design, execution and completion of the Works and the remedying of defects
therein, the Contract Price at the times and in the manner prescribed by the
Contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
triplicate the day and year first before written in accordance with their respective laws.
EXECUTED under Seal for and on behalf of THE GOVERNMENT OF THE TURKS AND CAICOS ISLANDS by in the presence of:
__________________________________ ______________________________
WITNESS H.E THE GOVERNOR
__________________________________
Print Name
EXECUTED under Seal for and on behalf of in the presence of:
______________________________ DIRECTOR ______________________________
Print Name
______________________________ ________________________ WITNESS DIRECTOR/SECRETARY
______________________________ ________________________
Print Name Print Name
PARTICULAR CONDITIONS
Sub – Clause 1.1.1.10 – Schedule of Guarantees Sub – Clause 1.1.1.10 shall be deleted. Sub – Clause 1.6 – Contract Agreement
The form of Contract Agreement is annexed.
Sub – Clause 1.7 – Agreement
Sub – Clause 1.7 shall be deleted, and the following substituted:
“Neither Party shall assign the whole or any part of the Contract or any benefit or
interest in or under the Contract, except in accordance with this Sub – Clause. Either
Party:
(a) may assign the whole or any part with the prior agreement of the other Party, at the
sole discretion of such other Party, and
(b) may, as security in favour of a bank or financial institution, assign its right to any
moneys due, or to become due, under the Contract;
and the Employer may, without the consent of the Contractor, assign the whole or any
part of the Contract or any benefit or interest in or under the Contract after either the
issue of the Performance Certificate or the termination of the Contract.”
Sub – Clause 1.10 – Employer’s Use of Contractor’s Documents
In Sub – Clause 1.10 (b), add “extending” after “repairing”.
Sub – Clause 1.13 – Compliance with Laws
Add at the end of Sub – Clause 1.13:
“No Turks and Caicos Islands Government taxes or duties (except Turks and Caicos
Islands Government National Insurance and National Health Insurance contributions
properly payable) are payable on works undertaken or behalf of the Turks and Caicos
Islands Government.”
Sub – Clause 2.4 – Employer’s Financial Arrangements
Sub – Clause 2.4 shall be deleted.
Sub – Clause 2.5 – Employer’s Claims
Sub – Clause 2.5 shall be deleted.
Sub – Clause 3.4 – Replacement of the Engineer
Sub – Clause 3.4 shall be deleted.
Sub – Clause 4.2 – Performance Security
Sub – Clause 4.2 shall be deleted,
Sub - Clauses 7.1-7.8 Contractor’s warranty language shall apply concerning rights and
remedies of any equipment warranty as outlined in Appendix 4.
Sub - Clauses 11.1-11.1 Contractor’s warranty language shall apply concerning rights
and remedies of any equipment warranty as outlined in Appendix 4.
Sub – Clause 7.6 – Remedial Work Clause 7.6 – Remedial Work shall be deleted. Sub – Clause 9.4 – Failure to Pass Tests on Completion
In Sub – Clause 9.4 (b), delete:
“if the failure deprives the Employer of substantially the whole benefit of the Works or
Section,”
Sub – Clause 11.4 – Failure to Remedy Defects
In Sub – Clause 11.4 (c), the opening words shall be deleted, and the following
substituted:
“(c) terminate the Contract, either as a whole or (in the Employer’s sole discretion) only
in respect of any part of the Works which cannot successfully be put to its intended use.”
Sub – Clause 11.10 – Unfulfilled Obligation
The first sentence of Sub – Clause 11.10 shall be deleted, and the following substituted:
“After the Performance Certificate has been issued, each Party shall remain liable for the
fulfilment of any obligation which remains unperformed at that time, and the Contractor
shall remain liable in accordance with the governing law of the Contract in respect of
latent and/or inherent defects in the Works.”
Sub – Clause 14.2 – Advance Payment
The third paragraph of Sub – Clause 14.2 shall be deleted, and the following substituted:
“The Engineer shall issue an Interim Payment Certificate for the first instalment after
receiving a Statement (under Sub-Clause 14.3 [Application for Interim Payment
Certificates]) and after the Employer receives (i) the Performance Security . This
Performance Security shall be issued by an entity and from within a country (or other
jurisdiction) approved by the Employer.”
Sub – Clause 14.6 – Issue of Interim Payment Certificates
The first sentence of Sub – Clause 14.6 shall be deleted, and the following substituted:
“No amount will be certified or paid until the Employer has received and approved the
Performance Security .”
Sub – Clause 15.2 – Termination by Employer
Sub – Clause 15.2 (d) shall be deleted, and the following substituted:
“(d) subcontracts the whole or any part of the Works in breach of Sub – Clause 4.4, or
assigns in breach of Sub – Clause 1.7,”
Add after Sub – Clause 15.2 (f):
“(g) becomes liable for the maximum amount of delay damages (if any) stated in the
Appendix to Tender.”
The second sentence of the second paragraph of Sub – Clause 15.2 shall be deleted, and
the following substituted:
“However, in the case of sub – paragraphs (e), (f) or (g), the Employer may by notice
terminate the Contract immediately.”
Sub – Clause 17.5 – Intellectual and Industrial Property Rights
The second paragraph of Sub – Clause 17.5 shall be deleted.
Sub – Clause 17.6 – Limitation of Liability
The third paragraph of Sub – Clause 17.6 shall be deleted.
Sub – Clause 20.6 – Arbitration
In the first sentence of Sub – Clause 20.6, delete “international”.
Sub – Clause 20.6 (a) and (b) shall be deleted, and the following substituted:
“(a) the dispute shall be finally settled by arbitration on Grand Turk under the United Nations Commission on International Trade Law (“UNCITRAL”) Arbitration Rules as in force on the Commencement Date,
(b) the dispute shall be settled by the number of arbitrators stated in the Appendix to
Tender, appointed in accordance with those Rules by the appointing entity or
official named in the Appendix to Tender, and”
Add at the end of Sub – Clause 20.6:
“Subject to this Clause 20, all disputes shall be submitted to the jurisdiction of the courts
of the Turks and Caicos Islands.”
General Conditions of Dispute Adjudication Agreement
Clause 8 – Disputes
Clause 8 shall be deleted, and the following substituted:
“Any dispute or claim arising out of, or in connection with, this Dispute Adjudication Agreement, or the breach, termination of invalidity thereof, shall be finally settled by arbitration on Grand Turk in English under the United Nations Commission on International Trade Law (“UNCITRAL”) Arbitration Rules as in force on the Commencement Date defined in the Contract, by one arbitrator appointed in accordance with those Rules of Arbitration by the President of FIDIC or a person appointed by the President.”
PERFORMANCE SECURITY
THIS GUARANTEE is made on the day of
Two thousand and
BETWEEN:
(1)
whose registered office is at
(the “Guarantor”); and
(2) THE GOVERNMENT OF THE TURKS AND CAICOS ISLANDS of
Government Compound, Grand Turk, Turks and Caicos Islands, British West Indies
(the “Employer”, which term shall include its successors and assignees).
WHEREAS by an Agreement (the “Contract”) dated 20
and made between the Employer of the one part and
(the “Contractor”) of the other part, the Contractor undertook the execution of certain works
(the “Works”) in accordance with the terms and conditions of the Contract.
IT IS AGREED as follows:-
1 The Guarantor hereby absolutely irrevocably and unconditionally guarantees to the
Employer the due and punctual performance by the Contractor of all the obligations
on the part of the Contractor under or pursuant to the Contract (the “Terms”) and (as
a separate stipulation and as primary obligor) agrees that if the Contractor shall in
any respect commit any breach of or fail to fulfil any of the Terms, then the
Guarantor will forthwith perform and fulfil in place of the Contractor each and every
Term in respect of which the Contractor has defaulted or which is unfulfilled by the
Contractor. The Guarantor shall be liable to the Employer for all losses, damages,
expenses, liabilities, claims, costs or proceedings which the Employer may suffer or
incur by reason of the said failure or breach. Provided:
1.1 that the total liability of the Guarantor shall not exceed US$
( United States dollars);
that upon the taking - over of the Works by the Employer in accordance with Sub –
Clause 8.2 of the Contract, the total liability of the Guarantor stated above shall reduce by
50% (fifty per cent.)*; and
that any claim hereunder must be received by the Guarantor on or before the payment by
the Employer to the Contractor of the second half of the retention in accordance with Sub –
Clause 11.5 of the Contract, when this Agreement shall expire.*
2 The Guarantor shall be, and continue to be, liable under this Agreement even if the
Contract is or becomes not binding on, or unenforceable against, the Contractor, for
any reason whatever. No alterations in the Contract, or in the Works, and no
extension of time, forbearance or forgiveness, nor any act, matter or thing
whatsoever except an express release by the Employer, shall in any way release or
reduce any liability of the Guarantor hereunder. References to the Contract in this
Agreement shall include all amendments, variations and additions to it, whether
made before or after the date hereof.
3 This guarantee shall remain in full force and effect until performance in full of the
Terms, notwithstanding:
3.1 the insolvency or liquidation of the Contractor, the Guarantor or any other
person;
3.2 any disclaimer of the Contract by a liquidator of the Contractor; and/or any
feature of the Contract, the negotiations prior to the Contractor and the
Employer entering into the Contract, or the performance of the Contract,
making it ineffective or unenforceable.
4 Until the Terms have been unconditionally and irrevocably performed in full the
Guarantor shall not by virtue of any performance or payment made by it or
otherwise:
4.1 be subrogated to any rights, security or moneys held or received or
receivable by the Employer; or
4.2 be entitled to exercise any right of contribution from any co-surety in respect
of such performance and liabilities under any other guarantee, security or
agreement; or
4.3 exercise any right of set-off or counterclaim against the Contractor or any
such co-surety; or
4.4 receive, claim or have the benefit of any payment, distribution, security or
indemnity from the Contractor or any such co-surety; or
4.5 unless so directed by the Employer (when the Guarantor will prove, and turn
over any realisations to the Employer, in accordance with such directions)
claim as a creditor of the Contractor or any such co-surety in competition
with the Employer.
5 No delay or omission of the Employer in exercising any right, power or privilege
hereunder shall impair such right, power or privilege or be construed as a waiver of
such right, power or privilege nor shall any single or partial exercise of any such
right, power or privilege preclude any further exercise thereof or the exercise of any
other right, power or privilege. The rights and remedies of the Employer herein
provided are cumulative and not exclusive of any rights or remedies provided by
law.
6 A waiver given or consent granted by the Employer under this guarantee will be
effective only if given in writing and then only in the instance and for the purpose for
which it is given.
7.1 If at any time any one or more of the provisions of this guarantee is or becomes
invalid, illegal or unenforceable in any respect under any law, the validity, legality
and enforceability of the remaining provisions hereof shall not be in any way
affected or impaired thereby.
7.2 As a separate and alternative stipulation the Guarantor unconditionally and
irrevocably agrees that any sum expressed to be payable by it or obligation to be
performed by it under this guarantee but which is for any reason (whether or not now
existing and whether or not now known or becoming known to the Guarantor) not
recoverable from or enforceable against the Guarantor on the basis of a guarantee
shall nevertheless be recoverable from or enforceable against the Guarantor as if the
Guarantor were the sole principal debtor or obligor (where relevant).
8.1 Any notice, demand or other communication to be served under this guarantee may
be served upon the Guarantor only by posting or delivering the same or sending the
same by telex or facsimile transmission to the Guarantor at its address, or telex or
facsimile number shown below:
Address:
Telex:
Fax:
or at such other address or number as the Guarantor may from time to time notify in
writing to the Employer.
8.2 Any notice, demand or other communication to be served under this guarantee may
be served upon the Employer only by posting or delivering the same or sending the
same by telex or facsimile transmission to the Employer at its address, or telex or
facsimile number shown below:
Address:
Telex:
Fax:
or at such other address or number as the Employer may from time to time notify in
writing to the Guarantor.
9 A notice or demand served by post shall be deemed duly served on the tenth
business day after the date of posting and a notice or demand sent by telex or
facsimile transmission shall be deemed to have been served at the time of
transmission unless served after 5.00 p.m. in the place of intended receipt in which
case it will be deemed served at 9.00 a.m. on the following business day. For the
purposes of this clause “business day” means a day on which commercial banks are
open for business in London, England.
10 In proving service of any notice it will be sufficient to prove, in the case of a letter,
that such letter was properly stamped or franked, addressed and placed in the post
and, in the case of telex or facsimile transmission, that such telex or facsimile was
duly transmitted on a business day to a current telex or facsimile number of the
addressee at the address referred to above.
11 The Employer shall be entitled to assign or transfer all or any of the Employer’s
rights under this guarantee without the consent of the Guarantor.
12 The proper law of this guarantee shall be the law of the Turks and Caicos Islands,
and all disputes which may arise under, out of, or in connection with, or in relation
to, this guarantee shall be submitted to the jurisdiction of the courts of the Turks and
Caicos Islands.
IN WITNESS whereof the Guarantor has caused this guarantee to be executed as a Deed the
day and year first before written in accordance with the law governing the constitution of the
Guarantor.
EXECUTED under Seal for and on behalf of in the presence of:
______________________________ DIRECTOR
______________________________ Print Name
___________________________ ______________________________ WITNESS DIRECTOR/SECRETARY ____________________________ _____________________________ Print Name Print Name
ADVANCE PAYMENT GUARANTEE
To: THE GOVERNMENT OF THE TURKS AND CAICOS ISLANDS of
Government Compound, Grand Turk, Turks and Caicos Islands, British West
Indies (hereinafter called “the Employer”).
Re: Contract No:
(“the Contract”).
In accordance with the Conditions of Contract (Sub-Clause 11.1A (Advance Payment))
of the Contract, of
(“the Contractor”) is required to provide the Employer with a guarantee in amounts and
currencies equal to the advance payment, namely:
US$ [GBP]
We, of ,
unconditionally and irrevocably guarantee to pay (as primary obligor and not as surety
merely) to the Employer on his first demand without any right of objection whatsoever
on our part and without any Employer’s first claim to the Contractor, amounts from time
to time so demanded not exceeding the amount[s] stated above.
We shall be, and continue to be, liable under this guarantee even if the Contract is or
becomes not binding on, or unenforceable against, the Contractor, for any reason
whatever. No alterations in the Contract, or in the Works described therein, and no
extension of time, forbearance or forgiveness, nor any act, matter or thing whatsoever
except expiry in accordance with its terms or an express release by the Employer, shall
in any way release or reduce our liability under this guarantee. References to the
Contract in this guarantee shall include all amendments, variations and additions to it,
whether made before or after the date hereof. We hereby waive notice of any such
amendment, variation or addition.
The amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Contractor in accordance with the Contract.
This guarantee (as so progressively reduced) shall remain valid and in full effect until the
Employer receives full repayment of the amount[s] stated above from the Contractor.
The proper law of this guarantee shall be the law of the Turks and Caicos Islands, and all
matters relating hereto shall be determined by the courts of the Turks and Caicos Islands.
IN WITNESS whereof we have caused this guarantee to be executed as a Deed this
day of 20
THE COMMON SEAL of
was hereunto affixed in the presence of:
Director
Secretary
DISPUTE ADJUDICATION AGREEMENT
[for a one- person DAB]
Name, date and details of Contract:
Name and address of Employer: THE GOVERNMENT OF THE TURKS AND
CAICOS ISLANDS of Government Compound,
Grand Turk, Turks and Caicos Islands, British West
Indies.
Name and address of Contractor:
Name and address of Member:
WHEREAS the Employer and the Contractor have entered into the Contract and desire
jointly to appoint the Member to act as sole adjudicator, who is also called the “DAB”,
to adjudicate a dispute which has arisen in relation to
THE EMPLOYER, CONTRACTOR AND MEMBER JOINTLY AGREE as
follows:
1. The conditions of this Dispute Adjudication Agreement comprise the “General
Conditions of Dispute Adjudication Agreement”, including the Annex
(Procedural Rules), which are referred to in the Contract, and the following
provisions. In these provisions, which include amendments and additions to the
General Conditions of Dispute Adjudication Agreement, words and expressions
shall have the same meanings as are assigned to them in the General Conditions
of Dispute Adjudication Agreement.
2. The General Conditions of Dispute Adjudication Agreement shall be amended as
stated in the Particular Conditions of the Contract.
3. In accordance with Clause 6 of the General Conditions of Dispute Adjudication
Agreement, the Member shall be paid a daily fee of per
day.
4. In consideration of these fees and other payments to be made by the Employer
and the Contractor in accordance with Clause 6 of the General Conditions of
Dispute Adjudication Agreement, the Member undertakes to act as the DAB (as
adjudicator) in accordance with this Dispute Adjudication Agreement.
5. The Employer and the Contractor jointly and several undertake to pay the
Member, in consideration of the carrying out of these services, in accordance
with Clause 6 of the General Conditions of Dispute Adjudication Agreement.
6. This Dispute Adjudication Agreement shall be governed by the law of the Turks
and Caicos Islands.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
triplicate the day and year first before written in accordance with their respective laws.
SIGNED by
for and on behalf of the Employer in the presence of:
Witness:
Name:
Address:
Date:
SIGNED by
for and on behalf of the Contractor in the presence of:
Witness:
Name:
Address:
Date:
SIGNED by the Member in presence of:
Witness:
Name:
Address:
Date:
TURKS & CAICOS ISLANDS GOVERNMENT MINISTRY OF INFRASTRUCTURE, HOUSING AND
PLANNING PUBLIC WORKS DEPARTMENT
WATER UNDERTAKING
DESIGN, SUPPLY, INSTALLATION AND COMMISSIONING OF ONE (1)
50,000 GALLONS PER DAY SALT WATER REVERSE OSMOSIS PLANT
FOR WATER UNDERTAKING, SOUTH CAICOS, TCI
FOR TURKS & CAICOS ISLANDS GOVERNMENT
MINISTRY OF INFRASTRUCTURE, HOUSING AND PLANNING
PUBLIC WORKS DEPARTMENT WATER UNDERTAKING
SOUTH CAICOS
SCHEDULE 1 SCOPE OF WORKS
The scope of this project encompasses the design, supply, installation and commissioning of one (1)
50,000 gallons per day salt water reverse osmosis plant for Water Undertaking, South Caicos,
Ministry of Infrastructure, Housing and Planning, Turks and Caicos Islands:
Line Items:
Unit production capacity – Rated at 50,000 gallons per day product water; Contractor must supply all
necessary piping, fittings and accessories.
In the near future it is proposed to operate this plant from renewable energy. Measures should be in
place to ensure that the design will be fully compatible and there are no constraints.
KEY NOTE: Due to past experience we are now utilizing SWRO plants that do not utilize the
Energy Recovery System in the form of Pressure Exchange (PX) technology to minimize energy
consumption. However, we are now in favor of using SWRO systems that utilizes the Hydraulic
Booster System.
SCHEDULE 2 BASIC DESIGN INFORMATION BASIC RAW WATER CHARACTERISTICS (Sea Water from borehole for RO Plant Input)
Source Borehole well Appearance when Analysed Clear Appearance after Filtration Clear Colour (Hazen Units) less than 5 Hazen Odour Unobjectionable Turbidity (NTU) less than 1 NTU Source Water Sea water extracted from 10”
diameter 100’ deep borehole.
RO PLANT OUTPUT WATER QUALITY
Essential Characteristics Requirement Colour (in Hazen units) 5 Odour Unobjectionable Taste Undetectable Turbidity (in NTU) 5 pH 6.5-8.5 Total Hardness(as CaCo3) 300 Residual Free Chlorine 0.2 Desirable Characteristics Total Dissolved Solids ≤400
BASIC TECHNICAL SPECIFICATIONS OF COMPONENTS OF SWRO PLANT
DESCRIPTION REQUIREMENT
01. Raw Water Feed Pump
Type Based on design
Nos. Required One
Make Based on design (Baldor for
compatibility)
Material of Construction Cast Iron
Motor 3 Phase
Power Supply 225/480 Volts
Frequency 60Hz
02. Multigrade Sand Filter
Type Vertical, Floor mounted
Nos. Required Based on design
Make Based on design
Material of construction of Shell Based on design
SPECIFICATIONS Based on design
Filtering Media Gravel, Graded Sand &
Pebble/based on design
Accessories
03. Sea Water Reverse Osmosis System
Type Horizontal Skid, Floor mounted
Nos. Required One
04. Pressure Vessel
Diameter Based on design
Length Standard
05. Membrane Based on design – Filmtec
Diameter Based on design
Length of individual membrane As Required
06. High Pressure Pump
Nos. required One
Type Based on design
Make Based on design e.g. FEDCO, GRUNDFOS)
Head Based on design
Discharge Based on design
07. Micron Filter
Type 5 micron
Nos. required Based on design
Material of construction of housing Based on design
08. Instrumentation
Wet Panel MS Powder coated., Mounted on R.O.
Skid
Low Pressure Switch Based on design
High Pressure Switch Based on design
Digital Conductivity Meter with Sensor Based on design
ON / OFF Selector Switch Based on design
Auto Flush Timer Based on design
Indication Lamps Based on design
Product Flow Meter Based on design
Reject Flow Meter Based on design
Reject Re-circulation Meter Based on design
Alarm Based on design
High Pressure System Pressure Gauge Based on design
Other Gauges, switches, actuator etc Based on design
AP/asb 17.11.2004 FIDIC Green Book Std 34
Schedule 3 – Terms of Supply • Freight to South Caicos, Turks and Caicos Islands, BWI
• One (1) year’s supply of all consumables for RO system operations
• Minimum of 12 months warrantee
• Training of operators during and after installation
• Operations Manual (3 copies)
• Additionally, bids should include the cost to perform the necessary input water quality and power supply tests.
NB. Other components of the plant are based on design.
AP/asb 17.11.2004 FIDIC Green Book Std 35
Schedule 4 - Payment Terms
Summary of proposed payment Schedule:
30% - Advance Payment (within 14 days of receiving the advance payment guarantee)
35% - When plant is completed and inspected by TCIG Engineer before shipping (prior to
shipping)
25% - After Commissioning
10% - 12 months after commissioning
AP/asb 17.11.2004 FIDIC Green Book Std 36
Schedule 5 – The Contractor’s Proposal
Certificate of Non-Collusion
TURKS AND CAICOS ISLANDS GOVERNMENT
TENDER SUBMISSION CERTIFICATE OF NON-COLLUSION
I/we certify that this tender is made in good faith, and that we have not fixed or adjusted the amount of the tender by or under or in accordance with any agreement or arrangement with any other person. I/we also certify that we have not and i/we undertake that we will not before the award of any contract for the work:
I. Disclose the tender price or any other figures or other information in connection with the tender to any other party (including any other company or part of a company forming part of a group of companies of which i am/we are a part of) nor to any sub-contractor (whether nominated or domestic) nor supplier (whether nominated or domestic) or any other person to whom such disclosure could have the effect of preventing or restricting full competition in this tendering exercise
II. Enter into any agreement or arrangement with any person that they shall refrain from tendering, that they shall withdraw any tender once offered or vary the amount of any tender to be submitted
III. Otherwise collude with any person with the intent of preventing or restricting full competition
Pay, give or offer pay or give any sum of money or other valuable consideration directly or indirectly to any person for doing or having done or causing or having caused to be done in relation to another tender or proposed tender for the work any act or thing of the sort described at i), ii) or iii) above.
I/we further declare that I/we have no knowledge either of any sum quoted or of any other particulars of any other tender for this contract by any other party.
We further certify that the principles described above have been, or will be, brought to the attention of all sub-contractors, suppliers and associated companies providing services or materials connected with the tender and any contract entered into with such sub-contractors, suppliers or associated companies will be made on the basis of compliance with the above principles by all parties.
I/we acknowledge that any breach of the foregoing provisions shall lead automatically to this tender being disqualified and may lead to criminal or civil proceedings.
The Turks and Caicos Islands Government shall treat any tender received in confidence but reserves the right to make the same available to any other funding organisation or statutory
regulatory authority either having jurisdiction over the works or who may now or at any time in the future have statutory power to require disclosure of this tender.
In this certificate, the word ‘person’ includes any persons and anybody or association, incorporated or unincorporated; any agreement or arrangement includes any transactions, formal or informal and whether legally binding or not; and ‘the work’ means the work in relation to which this tender is made.
Signature…………………………..………… in capacity of ……….……….…….…….…………..
Date……………………………………………………..
Duly authorised to sign tenders and acknowledge the contents of the certificate of non-collusion for and on behalf of:
Name of firm……………………..…………………………………………………………………………
Full postal address…………………………………………………………………………….
……………………………………………………………………………………………………..
Telephone no………………………….……. Fax no ……………………………………….
Tender Evaluation Criteria
This Contractor is required to sign this Section which contains all the criteria that the employer will use to evaluate Tenders and qualify Tenderers. Bidders shall provide all the information requested within the bidding document to be considered for evaluation. Omission of required information may result in being disqualified or not being considered further as appropriate. Part 1 – Qualification to be considered. 1 Copy of the attached Non-Collusion Certificate.
(PLEASE ENSURE IT IS SIGNED AND INITIALED)
Required
2 Copy of Certificate of Registration of Business (optional), copy of current Business License and Certificate of Good Standing (only if a limited Company) or equivalent in your home country.
Required
3 I certify that neither I nor any of the other Directors or Principals of the Company have any conflicts of interest within this tender
Required
Initial here
4 I certify that no contracts with the company have been cancelled for non-performance in the last 5 years
Required
Initial here 5 I declare that no bankruptcy or insolvency proceedings
are held against the Company or its Principals Required
Initial here
6 I declare that there is no litigation against the company or the Principals
Required
7 A list of sub-contractors proposed is attached including
information in 1 to 6 above for each sub-contractor. Only if Sub-contractors proposed
8 Comments on the Draft Contract (if no comments attached it is assumed that the bidder will be content to agree the Contract without amendments.)
Required
I certify that I have read the whole of the tender documentation and that the above information is
correct.
Signature of Principal of Company: _________________Date: __________________
Name:__________________________ Position in Company: ____________________
Telephone Number: _________________email address: ________________________
Part 2 Evaluation
2.1 Points for Quality (A)
Description Maximum points (A)
1. Technical Specifications
Measure Detailed proposal (detailed drawings and breakdown of proposed Reverse Osmosis plant meeting technical specifications will receive the maximum points)
10
Requirement Attach Detailed breakdown in bill of quantity and
Design Drawings of proposed SWRO Unit
Total Points for this section 10
2. Experience and Technical Capacity
Measure Proposed work program and schedule for the works showing completion of the Works in the contracted timeframe (detailed schedule showing works proposed to be completed within the contract schedule time will receive the maximum points)
10
Requirement Attach Work Plans and Schedules Measure Experience of this kind of works
5
Requirement Indicate if you have done work similar to this and
if so list the works that were successfully complete
d with the last 5 years.
Total Points for this section 15
3. Resources & Financial Capability
Measure
Availability of financial resources. Evidence that
the Contractor is able to fund the works.
5
Requirement Evidence of good financial standing (bank letter s
tating availability of funds or credit to perform th
e value of the contract). Show that you are capabl
e of securing funding for at least 30% of the value
of the works no less than six months old.
Total Points for this section 5
Section A - Total Overall Points for Quality (1.
Technical Specifications Plus 2. Experience an
d Technical Capacity plus 3. Resources & Fina
ncial Capability)
30
For Bidders to be considered for the Evaluation of Price they would have to achieve 18
points or more in the Evaluation of Quality A (Sections 1, 2 & 3 combined).
2.2 Evaluation of Price 2.21 Tenders from each of the bidders will be considered as to whether they are unbalanced in
their pricing. If it is deemed that they are, they will not be considered further.
2.22 Each tender will also be corrected for arithmetical errors. In case of an arithmetical error
in the Bill of Quantities, the tendered unit prices shall govern and adjustments will be made to th
e total amount to suit.
2.23 Prices that the evaluation committee deemed as unrealistically low without any justi
fication from the bidder would not be considered.
2.24 Points for Price
Points for price will be calculated based on the following formula:
Lowest Corrected Bid X 70 = Number of points for Price (B) Corrected Bid Price
Tender evaluation table
The total number of points for each contractor will be calculated by adding Points for Quality
(A) which includes Technical Specifications, Experience & Technical Capacity and Resources &
Financial Capacity to
Points for Price (B) to give a total score (out of 100).
Preference Bidder No.1
Bidder No.2
Quality (A) Technical Specifications
Quality (A) 2. Experience & Technical Capacity
Quality (A) 3. Resources & Financial Capacity
Total Quality (A)
Price (B)
Overall Total (Quality and Price)
This contract is based on the combination of Quality (A) and Price (B). Contractors would have t
o score no less than Eighteen (18) points for Quality (A) before they could be considered for the
evaluation on price. The ‘preferred bidder’ is the company submitting the tender with the highest
combined scores for Quality (A), Price (B).
If an agreement cannot be reached with the ‘preferred bidder’ the bidder with the next highest po
ints will be nominated as the ‘preferred bidder’. Negotiations will be undertaken with each subse
quent ‘preferred bidder’ until contractual agreement is reached.
TENDER ENVELOPE LABEL Tender for: DESIGN, SUPPLY, INSTALLATION AND
COMMISSIONING OF ONE (1) 50,000 GALLONS PER DAY SALT WATER REVERSE OSMOSIS PLANT FOR WATER UNDERTAKING, SOUTH CAICOS, TCI
To be returned by 9am on Tuesday 21 July 2015
Contract No: PWD 15-03 W
ITT Reference No: TR 15/22
To: Secretary to the Procurement Board Central Purchasing Unit White Sands Road Grand Turk Turks & Caicos Islands