SW16/OC02-BC01 Procurement of Works - Construction of the Wastewater Treatment Plant of Kruščica, Bela Crkva, Serbia. Clarifications 2.

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1 SW16/OC02-BC01 Procurement of Works - Construction of the Wastewater Treatment Plant of Kruščica, Bela Crkva, Serbia Clarifications 2. Question 50: Are there the following documents which have been obtained in phase of effected the Main design project made by AGGIO in March 2013, Treatment plant for waste water Kruščica, and if there are please send us : a) Reviews the process of obtaining water management conditions Republic Hydrometrologic Service of Serbia (RHMZ) b) Reviews the process of obtaining water management conditions JVP Vode Vojvodine, JVP Srbija Vode c) The decision on granting water conditions JVP Vode Vojvodine d) Requirements for design connection by competent public local company water, sewer, telecommunication, electricity distribution. Answer 50: All available indicative design documents and permits are published on 10 July 2014 at the IMG web site within Volume 6. Please consider Volume 3 Employer s Requirements, Sub Article for the utilities provided by the Employer. Question 51: What is the overpressure wastewater on site WWTP? Can you give us The Main project of sewerage at Kruščica? This project should contain information about the flow and overpressure wastewater on site WWTP. Answer 51: The Detailed Design of the sewerage system for village Kruščica, including drawings, is available within Volume 6, published on 10 July 2014 at the IMG web site. Please note that the existing technical documentation can be used by the Bidder / Contractor just as indicative material. Question 52: Can you give us complete the existing Main project WWTP Kruščica? Answer 52: All available indicative design documents and permits, including drawings are published on 10 July 2014 at the IMG web site within Volume 6. Please note that the existing technical documentation can be used by the Bidder / Contractor just as indicative material. Question 53: Is it possible to get water connection till the beginning of works on site? Answer 53: The nearest city water is available approximately on 250m from the site at the corner of Svetozar Miletić and Žarka Zlatana Streets where hydrant is located. Investor will provide water tank if necessary at the beginning of works on the site. Please consider Volume 3 Employer s Requirements, Sub Article for the utilities provided by the Employer. Question 54: 1

2 Is it possible to get electricity power connection till the beginning of works on site? Answer 54: There is a low voltage electricity approximately on 200m from the site. Please consider Volume 3 Employer s Requirements, Sub Article for the utilities provided by the Employer. Question 55: What are the obligations of Bidder in terms of making connections WWTP Kruščica, such as water, electricity, telecommunication Where is the boundary of the project? Answer 55: See Volume 3 Employer s Requirements, Sub Article for the utilities provided by the Employer. Question 56: Who is responsible for getting Building permit? Answer 56: Building permit is issued and available. Please see Volume 6. Question 57: Works procurement notice: How do we are supposed to prove fulfilment of minimum criteria for construction site manager and each of the engineers regarding to fluency in English language, completion of the relevant faculty and especially professional experience? Answer 57: Language fluency will be considered level C1: Effective Operational Efficiency (Common European Framework for Languages, CEF/CEFR) or above. Proof will not be required for the tender but, if at a later stage the Contracting Authority requires it then the tenderer must provide a certificate demonstrating that their key expert has this capability within a minimum period of time. Failure to produce this evidence will be treated as a case of False Declaration. For further details please provide a list of the staff proposed for the execution of the contract, with the CVs of key staff as stipulated within Volume 1 - Section 1 Instruction for Tenderers, Sub Article Fulfilment of the Tenderer s technical qualifications is through Volume 1 - Section 3 - Form 3.6., Forms Personnel to be employed on the contract and Professional experience of key personnel, Curriculum Vitae. Question 58: Volume 1 section 1: What is supposed to be an evidence that shows the economic and financial capacity of tenderer regarding to form ? Answer 58: Evidence showing the economic and financial capacity of tenderer to support the financial statement within Volume 1 - Section 3 Form 3.4 must include the nature and value of the relevant contracts supported by copies of the signed contracts. Question 59: Do we have to prove ownership or other form of right on the equipment, and if so, what are the required data? 2

3 Answer 59: Please see Volume 1 - Section 1 Instruction for Tenderers, Sub Article Manufacturers documents fully describing the equipment must be submitted in a form within Volume 1 - Section 3 - Form 3.6., Form Question 60: What type of evidence is supposed to be presented to prove the relevant experience of works of a similar nature except the contract? Answer 60: There are two parts of the reference requirements, see Volume 1 - Section 1 Instruction for Tenderers, Sub Article Firstly, experience as contractor with a list of contracts of similar nature as stated in Volume 1, Section 3, Form This describes what work the bidder has carried out and is supported by evidence of the work, like a copy of a signed agreement. Secondly, the evidence on successful experience that can be demonstrated through the performance certificate, usage permit, reference letter or similar which prove that the works have been performed in a quality manner, as stated in Volume 1 - Section 1 Instruction for Tenderers, Sub Article Question 61: What information should be provided regarding to form ? Is it just filling the form or is some other document needed? Answer 61: Please fill the form regarding data on joint ventures and enclose joint venture/consortium agreement (if any) as stipulated within the Volume 1 - Section 3 - Form 3.6., in particular Form Question 62: What is alluded under the history of litigation over the last 5 years, i.e. How detailed should be this report and what kind of legal proceeding is relevant for this report? Answer 62: Please provide information on any history of litigation or arbitration resulting from contracts executed during the last 5 years or currently under execution as described in the Volume 1 - Section 3 - Form Information for the report should include, Year, Award FOR or AGAINST tenderer, Name of client, cause of litigation, matter in dispute and disputed amount (current value in currency). Question 63: What are the consequences if members of consortium fail to remain in consortium during the execution period of the contract? Answer 63: All members of the joint venture/consortium are bound to remain in the joint venture/consortium for the whole execution period of the contract. Please see the Volume 1 - Section 2 - Tender Form, Article 3 Tenderer s Declaration. Failure to implement the contract as agreed would be considered a breach of contract and tenderers who have been guilty of making false declarations may also incur financial penalties and exclusion in accordance with section of the 3

4 Procurement Procedures as stipulated in the Volume 1 - Section 1 Instruction for Tenderers, Article 3.2. Question 64: In which part of the form is the tenderer supposed to quote components that refer to taxes, customs and import duties? Answer 64: This international donation is VAT exempt. Costs should be provided in Volume 4 inclusive of all customs, import duties and taxes, but exclusive of Serbian VAT. There is no requirement for separate statement of VAT. Question 65: Volume 1 section 2: -If copies are submitted, do they have to be verified, and if so, what copies particularly. Answer 65: Copies do not have to be verified unless specifically mentioned within the Tender Dossier. The original documents must be available upon request by the IMG as stipulated in the Volume 1 - Section 1 Instruction for Tenderers, Article 3.2. Question 66: Volume 1 section 3: -In additional notice to tenderer it is set that the financial data and declarations must be given in RSD or EUR. Could you give us explanation what is to be stated in RSD because the dossier predicts that we should give all the numbers in EUR. Answer 66: The currency of the tender is in Euro and the tenderer must provide a breakdown of the overall price in Euros. All sums in the breakdown of the overall price, the questionnaire and other documents must be expressed in this currency, with the exception of originals of bank and annual financial statements. Please see Volume 1 - Section 1 Instruction for Tenderers, Article 13 - Tender Prices. Question 67: Who is supposed to be involved in organization chart of the tenderer if it is a consortium? A consortium only or also members of it? Answer 67: Each member of a consortium/joint venture shall submit all information required by Volume 1 - Section 1 Instruction for Tenderers, Sub Article 12.1 including Volume 1 - Section 3 Form 3.2, Organization Chart. Question 68: What are the proofs that are showing the approximate value of works in hand at home and abroad? Answer 68: Proofs showing the economic and financial capacity of tenderer to support the financial statement within Volume 1 - Section 3 Form 3.4 must include the nature and value of the relevant contracts supported by copies of the signed contracts. Please see answer 58. 4

5 Please note that tenderers who have been guilty of making false declarations may also incur financial penalties and exclusion in accordance with section of the Procurement Procedures as stipulated in the Volume 1 - Section 1 Instruction for Tenderers, Article 3.2. Question 69: Is a reference / certificate about the financial situation of the company and its access to credit facilities suppose to be submitted by consortium itself or by every member particularly, or by both of them? Answer 69: Tenders submitted by companies in partnerships forming a joint venture/consortium must include all the information required by Volume 1 - Section 1 Instruction for Tenderers, Sub Article 12.1, including Volume 1 - Section 3 Form 3.4 Financial Statement, for each member of the joint venture/consortium. See answer 67. Question 70: What data is the subcontractor supposed to deliver? Answer 70: Proof documents, declarations and undertakings according to the Volume 1 - Section 1 Instruction for Tenderers, Article should cover all members of a joint venture/consortium, all subcontractors and all suppliers to tenderers, as it is stipulated in the Volume 1 - Section 1 Instruction for Tenderers, Sub Article Question 71: If some tenderer ask you a question about changes in project, and you decide to accept proposed modification, does it mean it became now as new compulsory obligation of tender or is it voluntary and on decision of tenderer? (for example: in Clarification 1 dated , there is a question 40. about the open basin design. You answered to accepted proposed enclosed basin. Does it mean it became now as new compulsory obligation of tender to have enclosed basins? Or is it voluntary and on decision of tenderer whether he will propose opened or closed tanks?) Please specify exactly and clearly. Answer 71: Yes, clarifications are setting out any changes to the tender dossier and became a new compulsory obligation. In the case of Clarification 1, Question 40 the modification was accepted and basins should now be enclosed. Question 72: The tenderer would like to note that due to answers made in the Clarification No.1, it is possible that the design changes (such as the addition of a Screening Building, Substation Building, Diesel Generator Building etc.) may result in de-valuation of the existing building permit. In this case, the anticipated project duration of 9 months will not be possible to be met considering time consuming permitting processes. Most tenderers would therefore be forced to add additional risk allowances for contractually stipulated delay damages to their offers which may result in unnecessary costs for the Contracting Authority. Please, confirm that, in case the existing building permit needs to be adjusted or re-applied, additional time will be granted for the execution in order to cope with the time requirements of such additional procedures. 5

6 Answer 72: Existing Building Permit was issued by the Beneficiary / the Municipality. The Municipality will also issue new Building Permit, in case it must be obtained. Existing Building Permit will be valid untill new one is issued. Accordingly, the Contractor will not be granted with additional time for this purpose. Question 73: In case that Design changes require the issuing of the new building permit what time the Bidder should calculate for finishing of these procedures and what time is needed for approval of the Design documentation by the Engineer (fulfillment of the tender requirements) and Employer (technical control of the Design)? Answer 73: Review period of the Contractor s Document by the Engineer is specified in the clause 5.2 of FIDIC Yellow Book. Time for Technical Control of the Design depends on quality of prepared documentation and can not be specified by the Employer. The Contractor will not be granted with additional time for this activity. Existing Building Permit was issued by the Beneficiary / the Municipality. The Municipality will also issue new Building Permit, in case it must be obtained. Existing Building Permit will be valid until new one is issued. Question 74: In the BoQ of the existed Main Design of the WWTP, that has been sent with the clarifications no.1 as a part of the Volume 6, there is no item related to the construction of the surface water drainage system. If there is a building permit obtained on the base of the Main Design is it necessary to design and construct the drainage system as it is requested in the Volume 3, Section 2A, Employer Requirements, 1.5 Design Criteria, (1.5.7) or Volume 3, Section 1, Employer Requirements 1.3 WWTP Concept A surface water drainage system for proper drainage of the whole WWTP site shall be constructed.? It is mentioned in the location permit that it is necessary to construct the oil separators from the dirty surfaces (pump stations, similar ). Is it necessary to design oil separators as a part of drainage of the atmospheric water from the asphalted surfaces? Answer 74: Drainage system requested in the Employer s Requirements shall be constructed. It is not necessary to design oil separators as a part of storm water sewer on the treatment plant facility. Question 75: Could you please provide us with the following documents (the attachments to the location permit)? a) The Republic Hydro metrological service of Serbia opinion no.92-i-1-232/2009 from 22nd June 2009 b) The technical conditions from PU Bela Crkva Water and sewage no /08 from 8th December 2008 c) Suggestions made by Main Design Reviewer from 6th September Could you please provide all other conditions related with the location permit? Answer 75: All available indicative design documents and permits are published on 10 July 2014 at the IMG web site within Volume 6. The requested documents are not available at this time but might be available during the design phase. 6

7 Question 76: Is there the Environmental Assessment Impact Study and officially approval of it? If yes please provide us with this document. Answer 76: Please see Volume 6 03 Lokacijska dozvola, Article 8.1. stating that Environmental Impact Assessment is not needed, No /2009 from Question 77: In connection with the Consortium Agreement, whether the Consortium Agreement required authenticated before the court, and if so, in what way since it is necessary that all of the documentation is in English? Answer 77: In the case of tenders submitted by companies in partnerships forming a joint venture/consortium, one member must be appointed lead member and that appointment confirmed by submission of powers of attorney signed by legally empowered signatories representing all the individual members as stipulated by the Volume 1 - Section 1 Instruction for Tenderers, Article Please see Volume 1 - Section 3 - Form and Volume 1 - Section 2 - Tender Form. Further, the Consortium Agreement must be authenticated on the court. Question 78: Does the required construction site manager can be civil engineer graduated in hydraulic engineering with professional experience required on page 13/21 instruction to tenderers? Answer 78: Yes, construction site manager can be civil engineer graduated in hydraulic engineering with professional experience as required within Volume 1 - Section 1 Instruction for Tenderers, Article Question 79: In the clarification letter number 1, the answer number 23 refers to the Volume 3 Employer s Requirements, Sub Article in which it says that the Contactor's boundary is at the transformer station of the WWTP, not specifying exact connection point. Further, in Volume 3 Employer s Requirements, Sub Article 1.3.2, the point of connection is defined at 0.4 kv metering group at 10 / 0.4 kv overhead pole transformer station on WWTP yard. It can be concluded that the transformer and metering group is not the part of this tender, whereas answer number 29 in the same clarification letter defines the transformer as the part of this tender. Could you please confirm that the transformer is a part of this tender? Answer 79: The transformer is a part of this tender. Question 80: Is it possible to get technical conditions issued by the Electrical energy distribution company Elektrovojvodina? Answer 80: 7

8 All available indicative design documents and permits are published on 10 July 2014 at the IMG web site within Volume 6. The requested document is not available at the moment, but might be available during the design phase. 8