Tender Terms and Conditions. Tender No: WAF 14/02/19/PMU/CSGI CONSULTANCY SERVICES FOR GEOTECHNICAL INVESTIGATION FOR WATER AUTHORITY OF FIJI

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1 WATER AUTHORITY OF FIJI Tender Terms and Conditions Tender No: WAF 4/02/9/PMU/CSGI CONSULTANCY SERVICES FOR GEOTECHNICAL INVESTIGATION FOR WATER AUTHORITY OF FIJI

2 CONTENTS PG SCHEME/PROJECT 2 CONSULTANCY 3 PROJECT BACKGROUND 4 PROJECT SCOPE PROJECT OBJECTIVES 6 EXTENT OF WORKS 2 7 STANDARDS/REQUIREMENTS 2 8 LAYOUT OF REPORT 3 9 REPORTS, DOCUMENTS & DRAWINGS TO BE SUBMITTED 3 0 PERSONNEL 4 TIMING OF STAGES 4 2 GENERAL CONDITIONS OF ENGAGEMENT 3 INDEMNITY 4 PROFESSIONAL INDEMNITY INSURANCE PERFORMANCE BOND 6 PUBLIC LIABILITY INSURANCE 6 7 PAYMENT FOR SERVICES 6 8 TAXES AND DUTIES 6 9 LIQUIDATED DAMAGES 6 20 CONDITIONS OF TENDER 2 SUBMISSION BY CONSULTANT 22 TENDER VALIDITY PERIOD 23 ATTACHMENTS APPENDIX Attachment : Evaluation Criteria Attachment 2: Memorandum of Agreement Appendix : List of Localities Appendix 2: Schedule of Rate for Miscellaneous Activities i January,

3 Terms of Reference SCHEME/PROJECT Construction of Concrete Reservoirs and Water/Wastewater Treatment plants at various sites (Refer to APPENDIX ). 2 CONSULTANCY Geotechnical Investigation (Including Proposal for Foundation type). 3 4 EMPLOYER BACKGROUND 3. The Water Authority of Fiji is responsible for providing Water and Wastewater services to the people of Fiji. 3.2 As part of ongoing infrastructure development in various regions of Fiji, the Water Authority has seen the need for Geotechnical investigation of sites for the purpose of design and construction of infrastructure that can withstand their design life and prove to be of value to the local communities. 3.3 Currently, there is a huge demand for water and wastewater services in the urban and peri-urban areas which need upgrading and construction of new infrastructure. There is also an increase in coastal development in the Western region, for the purpose of Tourism which is putting a lot of infrastructure demand for water and wastewater services. PROJECT SCOPE 4. Carry out suitable tests, and provide Soil test reports for the purpose of foundation design for Reservoirs, Water/Wastewater treatment plants as per Water Authority of Fiji requirements. 4.2 Propose a suitable foundation(s) and/or provide suitable design of foundations that can be constructed for these structures. 4.3 Propose improvements to existing slopes within the vicinity of the proposed structures by suitable soil retaining mechanisms. PROJECT OBJECTIVES. Determine by suitable tests methods, the bearing capacity of the soil on site..2 The Consultant shall liaise with the Water Authority of Fiji for carrying out tests at designated locations as provided on the locality map(s). January, 204

4 6 Terms of Reference EXTENT OF WORKS The work to be carried out by the Geotechnical Consultant will include the following tasks: Carry out soil tests in the designated locations as shown on the locality plan. Analyse the test results and determine the bearing capacity of the soil Prepare a report and submit all test results, findings and proposals to Water Authority of Fiji. GENERAL CONSULTANCY MATTERS Within 4 days of Tender being awarded, the Consultant shall propose to the Employer a Project Proposal which shall include: a) b) c) d) e) f) g) h) i) The Consultant s method of carrying out the required soil tests. A brief outline of the scope of the Consultancy and the project goals; A list of standards and guidelines to be adopted for the tests. An outline of the roles and responsibilities of key personnel; A list of sub-consultants to be engaged by the Consultant for this Project; A project work plan and programme which identifies project milestones including internal and external project review dates; A statement outlining the document control system to be adopted for this project; A statement of the systems to assess and manage risks during the course of the Consultancy and identification of potential constraints to the progress of all aspects of the Consultancy; and Contact details of key personnel. 6. The Consultant is expected to maintain a close liaison with the General Manager, Projects or his nominated representative during the period of Consultancy. 6.2 The Consultant should allow adequate time for meetings and liaison with all relevant parties, particularly at commencement of the project. 6.3 The Consultant shall conduct a detailed review of the job components and confirm, and, where necessary, refine the proposals. 6.4 The Consultant shall take into consideration the requirements of the Health and Safety at Work (General Workplace Conditions) Regulations (Fiji Ministry of Labour; June 2 January, 204

5 Terms of Reference 2003) and all associated legislation in all aspects of their work, including appropriate provisions in documents prepared by the Consultant The Consultant shall be responsible for obtaining all consents and approvals for the works with exception to consents for right of entry from landowners. STANDARDS / REQUIREMENTS 7. All TESTS shall be done in accordance with current relevant AS/NZ standards and codes or any other relevant standards or codes acceptable to the Water Authority of Fiji. 7.2 Should reference be made to other Standards, Water Authority of Fiji shall be consulted and approval obtained prior to their application for the Project. 7.3 The Consultant shall review, amend and adopt any existing standards that may have been used by Water Authority of Fiji on its projects. The review process shall incorporate the requirements of Water Authority of Fiji. 8 LAYOUT OF REPORT The report sections shall be as follows: 9 Introduction, including Terms of Reference, Summary of Conclusions. Description of Area in terms of soil type. Any improvements that may be necessary to the existing soil. Suggestions on possible types of foundation that can be adopted. Condition of slopes at respective sites. Conclusions and Recommendations. Appendices, Tables, Figures, Drawings REPORTS, DOCUMENTS & DRAWINGS TO BE SUBMITTED 9. The Consultant shall prepare and submit the following documents. All documents shall be discussed with the nominated Water Authority representatives. Where Draft and Final documents are required, the Consultant shall obtain Water Authority s comments on the Draft and incorporate those comments in the Final version of the document. 9.2 All documentation produced under the consultancy shall be the property of the Water Authority of Fiji. 3 January, 204

6 9.3 Documents to be supplied during the course of the consultancy and the number of copies required are tabled below. Document Inception Report Draft Geotechnical Report Final Geotechnical Report 0 Terms of Reference Number of Copies Hardcopies and Soft Copies PERSONNEL 0. The names of all key personnel who would be involved in the various Components of this Consultancy shall be provided together with their curriculum vitae. A signed statement from each of the personnel stating their availability for the project shall be provided. 0.2 Changes in personnel are at the discretion of Water Authority of Fiji and will generally not be allowed. Any changes found essential shall be substituted by a more senior and appropriately experienced staff member. TIMING OF STAGES The work shall be carried with completion dates for the various components no later than indicated by the milestone dates tabled below. PROJECT TIMETABLE Item Request Tendering Tender Closing Date Appointment of Consultant Commencement of Consultancy Inception Report Draft Geotechnical Report Final Geotechnical Report Proposed Dates 2th January, th February, 204 0th March, th March, 204 7th April, 204 6th June, rd June, 204 Some components may be completed earlier. 4 January, 204

7 2 Terms of Reference GENERAL CONDITIONS OF ENGAGEMENT The general conditions of engagement shall be the FIDIC Model Conditions of Engagement (FIDIC, 999). Where Document the general conditions of engagement conflicts with this Terms of Reference, this Terms of Reference shall have precedence. 3 4 INDEMNITY 3. The Consultant shall indemnify the Employer against any claim, demand, action, suit or proceeding that may be brought or made against the Employer by any person in respect of any financial or consequential loss or expense incurred by that person by reason of any act, default or neglect of the Consultant in the performance of the work under the Consultancy, as a consequence of any delay by the Consultant in executing or failing to complete work under the Consultancy and from any costs and expenses that may be incurred by that person in connection with any such claim, demand, action, suit or proceeding. 3.2 The Consultant s liability to the Employer under or arising from the Contract or in a tort (including negligence) or under statute arising from acts or omissions by Consultant shall not exceed the amount of Professional Indemnity Insurance specified in Clause. of this Terms of Reference. The duration of the Consultant s liability shall apply for period of seven (7) years following the date when the liability first arose. PROFESSIONAL INDEMNITY INSURANCE 4. Not withstanding the provisions of the current conditions of engagement as issued by the Fiji Institution of Engineers, the successful consultant will be required to hold Professional Indemnity Insurance with a minimum cover equivalent to F$0,000 over the duration of the proposed services. 4.2 The Consultant shall submit evidence of the Professional Indemnity Insurance to the Water Authority of Fiji, General Manager, Projects within 4 days of award of Tender. PERFORMANCE BOND The successful Consultant will be required to produce a Performance Bond in Form of a Bank Guarantee with an amount equivalent to 0% of the agreed contract sum. This will be returned on successful completion of the Consultancy services after the issue of the Geotechnical report as expected under this consultancy. January, 204

8 6 7 PUBLIC LIABILITY INSURANCE 6. The successful Consultant will be required to hold Public Liability Insurance. The minimum Public Liability Insurance required for each work package is F$0,000 or equivalent in foreign currency 6.2 The Consultant shall submit evidence of the Public Liability Insurance to the Employer within 4 days of award of tender. PAYMENT FOR SERVICES Payment for soil tests, analysis of test results, and documentation will be made as agreed upon by the Consultant and the Water Authority of Fiji as per the proposal given by the Consultant and as agreed upon by both the parties. Such claims shall reflect the actual progress at the date of preparation of the progress claim. Advance payments shall not be permitted. The Consultant shall ensure that there are no terms in any contracts between the Consultant and any Sub-Consultant which is to the effect that the Consultant shall pay the Sub-Consultant only if the Consultant is paid (for the work carried out by the Sub-Consultant) by the Employer. TAXES AND DUTIES 8. 9 Terms of Reference The Consultants and their personnel shall be liable to pay all such taxes, duties, fees, levies and other imposition as may be levied by the Fiji Islands Revenue and Customs Authority including Value Added Tax (VAT). Tenderers should note that currently under Fiji Tax Laws, % of all progress payments must be withheld as withholding tax unless an exemption is obtained from the Fiji Revenue and Customs Authority. LIQUIDATED DAMAGES 9. Liquidated damages may be incurred by the Consultant if the Consultant does not meet the milestone dates for submitting the Final Geotechnical report. 9.2 Liquidated damages will not apply where the delays are due to circumstances beyond the control of the Consultant; however the Consultant shall take all necessary actions to avoid or minimise delays which are beyond its control. Liquidated damages shall apply to delays resulting from late delivery of services or data from Sub-consultants (to the Consultant) or from inadequate resource allocation by the Consultant to meet the milestone dates. Milestone dates are listed in Item above. 9.3 Liquidated damages shall apply of F$00 per calendar day may apply if the Consultant does not meet the milestone dates for submitting the Final Geotechnical report. 6 January, 204

9 Terms of Reference The maximum level of liquidated damages that may be imposed on the Consultant shall be limited to 2% of the full value of the Consultant s services (Excluding disbursement) as presented in the Consultant s financial proposal for the work package. CONDITIONS OF TENDER 20. Definitions a) Tender means the offer comprising the technical and Financial Proposal by the Consultant to execute the scope of work outlined in this Terms of Reference (ToR). b) Tenderer means a separate legal entity who has provided their name and contact details to the Employer, has paid any required deposit or price for Tender Documents and has received Tender Documents; c) Tender Conditions means these Tender Conditions; 20.2 Contact for Clarification or Further Information: Sereicocoko Yanuyanurua General Manager, Projects Level 3, Manohan Building Water Authority of Fiji Nabua, Fiji Phone: (679) Mobile : Nasir Khan Design Engineer Level 4, Manohan Building Water Authority of Fiji Nabua, Fiji Phone: (679) Mobile : Tenderer to Acquire Information It is the responsibility of the Consultant to obtain all information relevant to this Tender Terms and Condition (TTAC). Further, the Consultant shall be deemed to have: a) Examined the Terms of Reference, the site and its surroundings, and any other information made available in writing by the Employer to the Consultant for the purpose of Tendering. b) Examined all information relevant to the risks, contingencies, and other circumstances having an effect on their Tender and which is obtainable by the making of reasonable enquiries. c) Satisfied itself as to the correctness and sufficiency of its Tender and that its Tender price covers the cost of complying with all the obligations provided for or implied from the Terms of Reference and of 7 January, 204

10 Terms of Reference all matters and things necessary for the due and proper performance and completion of the Commission. If the Consultant finds any discrepancy, error or omission in the Tender Documents, he/she shall notify the Contact Officer immediately in writing giving details of the ambiguity, discrepancy, error or omission and in any case before the date and time for closing of Tenders Disclosure of Information: The Consultant, its employees or agents shall not disclose or make public any information or material acquired or produced in connection with or by the performance of this assignment without prior approval of the Employer. 20. Conflict of Interest A Consultant with a conflict of interest shall immediately disclose the conflict of interest to the Employer. If a conflict of interest or a risk of a conflict of interest arises after lodgement of the Tender and prior to the completion of the Tender process, the Consultant shall immediately disclose that conflict of interest to the Employer Evaluation of Consultants Proposals: Tenders shall be evaluated against the criteria presented on the Evaluation Criteria Data Sheet attached as Attachment The Consultant shall submit with the Technical Proposal a programme, in the form of a preliminary time-scaled network (Gantt chart), clearly showing the scheduling of tasks to meet the proposed milestone data stated in Item All costs associated with the preparation and submission of tenders shall be borne by the Consultant. SUBMISSION BY THE CONSULTANT 2. In making a submission to undertake this Consultancy, the Consultant must use two envelopes. 2.2 One envelope containing the Consultant s Technical Proposal(s), must be clearly labelled: Consultancy Services for Geotechinical Investigation Contract No. TECHNICAL PROPOSAL. The other envelope, containing the Consultant s Financial Proposal(s), must be clearly labelled: 8 January, 204

11 Terms of Reference Consultancy Services for Geotechinical Investigation Contract No. FINANCIAL PROPOSAL. 2.3 Both envelopes should be clearly marked with the name of the Consultant submitting the proposal. 2.4 The Financial Proposal envelope should only contain the financial aspects of the submission including the lump sum fees and shall be sealed and placed inside the Technical Proposal envelope. 2. Submissions will first be evaluated on the basis of the Technical Proposal, and those who satisfy the Evaluation Criteria (Attachment 2) will have their Financial Proposal envelope opened. 2.6 In the Technical Proposal the Consultant must include a detailed Program or Timetable which clearly sets out the times by which certain tasks of the various components of the project will be achieved and the time and manpower inputs proposed by the Consultant and the unit cost of each resource. The Consultant s progress will be monitored against the program submitted and progress payments made accordingly. The Consultant will be expected to take remedial action in case of any slippage. 2.7 Tender Deposit: All tenders must be accompanied by a refundable tender deposit of F$, in the form of a bank cheque. Note that only one tender deposit of $, is required where Tenderers bid for both work packages. Tender deposits will be refunded to unsuccessful Tenderers upon award of the Consultancy and to the successful Tenderer with the first progress payment. The tender deposit shall be attached to the Technical Proposal(s). 2.8 The submission, with the relevant details, proposals, and tender deposit must be lodged together with the bid document and for registration and placement in the Tender Box located at Level, Manohan Building, Centerpoint no later by 4pm on 3st March The envelope containing the submission inclusive of technical and Financial Proposal(s) (within a sealed envelop) and tender deposit(s) shall be marked to the attention of: WAF 4/02/9/PMU/CSGI Water Authority of Fiji Level Manohan Building Nabua, Fiji 9 January, 204

12 LATE SUBMISSIONS AND FAXED SUBMISSIONS WILL NOT BE ACCEPTED. 22 Terms of Reference OR ED TENDER VALIDITY PERIOD The Tender shall remain valid and open for acceptance for a period of 90 days from the time and date for the closing of Tenders. The Tenderer may withdraw its Tender after the expiration of, but not during, this period. The Tender shall not lapse by reason of any discussions or correspondence between the Employer and the Tenderer which occur during this period. 23 ATTACHMENTS The following attachments will be provided for the information of Tenderers. The Employer neither warrants nor guarantees the accuracy of the information presented in the attachments. ATTACHMENT Locality plan as per WAF requirement ATTACHMENT 2 Tender Evaluation Criteria ATTACHMENT 3 Specimen Memorandum of Agreement NOTE: Attachment shall be supplied as and when the Water Authority of Fiji shall decide and give approval for a certain project to commence. 0 January, 204

13 ATTACHMENT 2 TENDER EVALUATION CRITERIA

14 Evaluation Criteria WATER AUTHORITY OF FIJI CONSULTANCY SERVICES FOR GEOTECHNICAL INVESTIGATION FOR WATER AUTHORITY OF FIJI EVALUATION CRITERIA DATA SHEET A. Technical Evaluation Criteria. The evaluation criteria that will be applied for the Technical Proposal are as follows: (I) (II) (III) 2. Criteria Points TOTAL 00 Specific Experience of the firm(s) related to the project Adequacy of the proposed Work Plan and Methodology in responding to the TOR Qualifications and Competence of the key staff for the assignment 0 3 The qualifications of the key staff will be further evaluated in accordance with the following sub-criteria: (i) (ii) (iii) Criteria Points TOTAL 0 General Qualifications Adequacy for the project Experience in the region and other developing countries Technical Proposals must score at least 7 points out of 00 to be considered for financial evaluation. 4. The following numerical scoring scale will be used by the Employer s Tender Evaluation Team to assess the evaluation criteria. RATING CRITERIA Description Rating Excellent Excellent / Very Good Very Good Very Good / Good Good Good / Marginal Marginal Marginal / Poor Poor Poor / Non-compliant Exceeds requirements in all ways, with very little, or no risk. Exceeds requirements in most ways, with very little, or no risk. Meets requirements in all ways, exceeds it in some, little risk involved. Meets the requirement, little risk involved. Meets the requirement and is workable, acceptable risk Meets the requirement, may require work in some areas, some element of risk. Nearly meets the requirement, workable but may be deficient or limited in some areas, element of risk. Meets requirement, deficient or limited in most areas, high element of risk. Information provided does not meet the requirement, is not workable and is deficient, high element of risk. Information provided does not meet the requirement, is not workable and is deficient, high element of risk. Score The evaluation criteria weighting will be multiplied by the score to calculate a weighted score for each criterion for each offer.

15 Evaluation Criteria B. Financial Evaluation Criteria 4. Firms scoring 7 points or more in the technical evaluation will have their financial proposal opened and points awarded in accordance with the following formula: Sf = (Fm/F) x 00 Where C. Sf = Fm = F = points to be awarded lowest financial proposal amount proposed by individual firm Final Score. Proposals will be ranked according to their combined technical and financial scores using the following weights: (i) (ii) Technical Financial 80% 20% 00% TOTAL SCORE D. Technical Evaluation : Selection Sub-criteria I. EXPERIENCE OF THE FIRM SELECTION CRITERIA CONSULTING FIRM(S) A) Experience in Similar Projects Locally ( POINTS MAX) B) Experience in Other Developing Countries (3 POINTS MAX) C) Other Factors including WAF experience with the Firm(s) including i) Delivery history with WAF ( point) ii) DWSs relationship with the Firm ( point) iii) Ability to mobilise ( point) iv) Variation history with WAF ( point) (4 POINTS MAX) TOTAL ( MAX POINTS ) If the Consultant has no previous work history with WAF then 0 % of the individual score (i.e. 0. points) shall be awarded.

16 Evaluation Criteria II. ADEQUACY OF THE WORK PLAN AND METHODOLOGY SELECTION CRITERIA CONSULTING FIRM(S) A) Understanding of the Objectives (0 points max) B) Quality of Methodology and Approach (30 points max) C) Work Program (7 points max) D) Presentation (3 points max) TOTAL (MAX 0 POINTS ) III.SUMMARY OF QUALIFICATIONS AND COMPETENCE OF STAFF SELECTION CRITERIA CONSULTING FIRM(S) A) Project Manager (0 points max) B) ( points max) C) Process/ Civil / Structural/ Mechanical / Electrical /Instrument / Geotechnical / Pipeline Specialists Survey D) Technical Support Staff TOTAL (MAX 3 POINTS ) ( points max) ( points max) 2 3 4

17 ATTACHMENT 3 MEMORANDUM OF AGREEMENT

18 WATER AUTHORITY OF FIJI MEMORANDUM OF AGREEMENT CONSULTANCY SERVICES FOR GEOTECHNICAL INVESTIGATION FOR WATER AUTHORITY OF FIJI THIS AGREEMENT is made on the day of that is the latter of two dates entered by the signatories below BETWEEN AND the WATER AUTHORITY OF FIJI through the Office of CEO for Water Authorityt located at Manohan Building, Level 4, Nabua, Suva (herein called "THE CLIENT") of the one part practicing as Consulting Engineers from an office at..... (Who and the survivors of whom are herein called "THE GEOTECHNICAL CONSULTANT") of the other part. IT IS AGREED as follows:. THE Consulting Engineers shall undertake and perform duties, complete and deliver as described in the Terms of Reference provided by the Employer. 2. THE Client shall pay the Consultant the sum not exceeding.. (Including VAT) 3. EACH party shall carry out and fulfil their obligations as stipulated in the Terms of Reference and the Contract Documents. 4. THIS Memorandum of Agreement and the following documents shall be binding and form part of this Agreement. a) b) c) d) e) f) The Terms of Reference dated..., 204. Acceptance of Offer by the Geotechnical Consultant dated., 204. The notification by the Client of Acceptance of Geotechnical Consultant Tender dated..., 204 Geotechnical Consultant s Tender Submission dated.., 204. General Conditions of Engagement, Model Conditions of Engagement (FIDIC, 999) The Consultant s Professional Indemnity and Public Liability Insurance Policies.

19 NOW THESE PRESENT WITNESSES and it is hereby agreed and declared by and between the parties hereto: CLIENT - THE WATER AUTHORITY OF FIJI SIGNED FOR AND ON BEHALF OF THE CLIENT WITNESS TO THE SIGNATURE OF THE CLIENT.... SIGNED. SIGNED.. PRINT NAME PRINT NAME.. DESIGNATION OCCUPATION. DATE ADDRESS COMPANY SEAL GEOTECHNICAL CONSULTING ENGINEERS SIGNED FOR AND ON BEHALF OF CONSULTING ENGINEERS WITNESS TO THE SIGNATURE OF CONSULTING ENGINEERS.... SIGNED. SIGNED.. PRINT NAME PRINT NAME.. DESIGNATION OCCUPATION.. DATE ADDRESS COMPANY SEAL

20 APPENDIX LIST OF LOCALITIES FOR GEOTECHNICAL INVESTIGATION ) VITI LEVU - 2) VANUA LEVU - 3) Veisari Vunidawa Navua Balevuto Namou Nabouwalu Benau Savusavu OVALAU - Levuka Waitovo 4) TAVEUNI - Waiyevo Somosomo Bucalevu

21 APPENDIX 2 SCHEDULE OF RATES FOR MISCELLANEOUS ACTIVITIES VITI LEVU (Including nearby islands) No ACTIVITY Travel and subsistence allowances Site clearing (where necessary) for access to site Hire of truck for transport of testing equipment Hire of testing equipment (where necessary) Freight/Courier (if required) RATE (VIP) VANUA LEVU No ACTIVITY Travel and subsistence allowances Site clearing (where necessary) for access to site Hire of truck for transport of testing equipment Hire of testing equipment (where necessary) Freight/Courier (if required) RATE (VIP) MARITIME REGIONS (Yasawas, Lau group, Lomaiviti, Taveuni, Kadavu) No ACTIVITY Travel and subsistence allowances Site clearing (where necessary) for access to site Hire of truck for transport of testing equipment Hire of testing equipment (where necessary) Freight/Courier (if required) RATE (VIP)