Corrigendum-VI MCGM e -Tender for "Development of 3000 TPD Waste to Energy Project at Deonar, Mumbai on DBO basis"

Transcription

1 MUNICIPAL CORPORATION OF GREATER MUMBAI Solid Waste Management Department Ch.E./ /SWM/Project/dt. Corrigendum-VI Subject: e Tender for "Development of 3000 TPD Waste to Energy Project at Deonar, Mumbai on DBO basis" With reference to e- Tender published on and subsequent Corrigenda issued for the subject work and in accordance with queries received in response to the 2nd pre-bid meeting dated , this Corrigendum VI is being issued herewith. All other terms & conditions of the tender will remain unaltered. Modified clauses shall be applicable to the clauses repeated or clauses having the same meaning and wherever applicable in the entire tender document. Corrigendum-VI is published on MCGM s website under Business ->Tenders & Quotations -> Tenders & Quotations - >Department->Solid Waste Management" and Business ->Tenders & Quotations -> Major Projects ->Department->Solid Waste Management". Due date for submission of e-tender is extended up to till 4.00pm. Packet A and B will be opened on after 4 pm Instruction to Tenderers (ITT), Notice of Invitation for Tenders, Point 28, Page viii 28. The dates and time for uploading e-tender & opening of the e-tender are as under: 28. The dates and time for uploading e-tender & opening of the e- Tender are as under: 1. Due date for submission of e-tender is extended up to till 4.00pm. Packet A and Packet B will be opened on after 4 pm. 2. Workshop for filling bidding submission documents will be organized at 3.00pm on at Conference Room, 3rd Floor, Municipal Head Office, MCGM. 2. Instruction to Tenderers, Clause ITT 19(1) EMD and Bank Guarantee, Page No The EMD fee is The EMD fee is Yes Bank Ltd. Axis Bank Ltd. Page 1 of 16

2 3. Instructions to Tenderers, TSV 4 - Technical Submission (Operation TSV 4 - Technical Submission (Operation Service) TSV 4 - Technical Submission (Operation Service) Service), 4.1.4, Page 53 of 168, Where the Tenderer intends to procure Where the Tenderer intends to procure goods or services, the goods or services the Tenderer shall list these Tenderer shall list these subcontractors, suppliers and furnish their subcontractors and suppliers and the scope and scope of the services or goods to be provided. indicative value of the services or goods to be provided. 4. Instructions to Tenderers, APPENDIX D TENDERER QUALIFICATION FORMS, Form 3.3(a) Financial Resources, Page No 81 of 168 Form 3.3(a) Financial Resources Provide: Letter from Bank indicating available line of credit for this Project and/or; Certificate from statutory auditor confirming the available cash reserves as on date of submission of Tender Documents. Cash reserves are to be calculated excluding any short term liabilities and all project advances. Form 3.3(a) Financial Resources Provide: Letter from Bank indicating available line of credit for this Project and/or; Certificate from statutory auditor confirming the available cash reserves as on the last date of the preceding financial year. Cash reserves are to be calculated excluding any short term liabilities and all project advances. Page 2 of 16

3 5. Instructions to Tenderers, APPENDIX D TENDERER QUALIFICATION Check List for Technical Submission (Drawings) (TSV 5 (A3 size) and TSV 6 (A1 size)) Check List for Technical Submission (Drawings) (TSV 5 (A3 size) and TSV 6 (A1 size)) FORMS, Check List 11 Hydraulic profile: Yes/No 11 Deleted for Technical Submission (Drawings) (TSV 5 (A3 size) and TSV 6 (A1 size)), Point 11, Page 99 of Instructions to Tenderers, Price Price Schedule B2.2 Asset Replacement Fund Lodgements* Price Schedule B2.2 Asset Replacement Fund Lodgements* Schedule B2.2 Asset Replacement Fund Lodgements*, Page 143 of 168 Period Amount (INR) Period Amount (INR) Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11 Year 12 Year 13 Year 14 Year 15 Year 16 Year 17 Year 18 Year 19 Year 20 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11 Year 12 Year 13 Year 14 Year 15 Year 16 Year 17 Year 18 Year 19 Year 20 Page 3 of 16

4 Note to be read in conjunction with the conditions of contract, clauses 14.5 and Note to be read in conjunction with the conditions of contract, clauses 14.5 and Volume 1 Conditions of Contract, 2.1 Contract Data Clause 10.7, Page 4 of Volume 1 Conditions of Contract, 2.1 Contract Data, Clause 17.8, Pg. 5 of Volume 1 Conditions of Contract, 3. PARTICULAR CONDITIONS PART B SPECIAL PROVISIONS, 3.1 Amendments FIDIC Gold Book (General Conditions) Provision, Clause 4.27 NEW: Collateral Warranties, Pg. 17 of 36. Seal of firm and Authority s Signature 10.7 Maximum Performance damages liveable due to failure to meet the guaranteed parameters: Nil 17.8 Total Liability of the Contractor shall not exceed: 125% of that portion of the Accepted Contract Amount attributable to the Design-Build of the Works for the period extending until 5 years after the date of issue of the Commissioning Certificate, at which point the Total Liability of the Contractor shall reduce to 50% of the Accepted Contract Amount attributable to the Design-Build of the Works until Contract Completion NEW : Collateral Warranties Add New Sub-Clause: 4.27 Collateral Warranties during Design-Build Period by each of the designers for an amount of cover to be not less than the amount stated in the Contract Data under 19.2 (c). Seal of firm and Authority s Signature 10.7 Maximum Performance damages leviable due to failure to meet the guaranteed Parameters: 100% of that portion of the Accepted Contract Amount attributable to the Design-Build of the Works in the Currency Total Liability of the Contractor shall not exceed: 100% of that portion of the Accepted Contract Amount attributable to the Design-Build of the Works for the period extending until 5 years from the date of issue of the Commissioning Certificate, at which point the Total Liability of the Contractor shall reduce to 50% of the Accepted Contract Amount attributable to the Design- Build of the Works until Contract Completion date NEW : Collateral Warranties Add New Sub-Clause: 4.27 Collateral Warranties during Design-Build Period by each of the designers for an amount of cover to be not less than the amount stated in the Contract Data under Page 4 of 16

5 10. Volume 1 Conditions of Contract, 3. PARTICULAR CONDITIONS PART B SPECIAL PROVISIONS, 3.1 Amendments FIDIC Gold Book (General Conditions) Provision, Clause 4.28 NEW: Collateral Warranties, Pg. 17 of NEW : Collateral Warranties Add New Sub-Clause: 4.28 Collateral Warranties during Operation Service Period the amount of cover as shall reasonably be required by the Employer and which shall be not less than the amount stated in the Contract Data under 19.2 (c) NEW : Collateral Warranties Add New Sub-Clause: 4.28 Collateral Warranties during Operation Service Period the amount of cover as shall reasonably be required by the Employer and which shall be not less than the amount stated in the Contract Data under Volume 2 Employer s Requirements, Clause Failure Events:, pg Failure Events: No exception is allowed. To be corrected immediately. Plant will not be allowed to operate without compliance to emission norms Failure Events: No exception is allowed. To be corrected at the earliest or within time period as stipulated by the Employer/regulatory authority. Page 5 of 16

6 12. Volume 2-Employers Requirement, Clause , Bonus for better performance, pg Bonus for better performance Contractor shall be eligible for a bonus if the performance of the plant is better than the baseline performance benchmarked as indicated in the clause Bonus for better performance Contractor shall be eligible for a bonus if the performance of the plant is better than the baseline performance benchmarked as indicated in the clause Volume 2 Employer s Requirements, Clause , pg Volume 2 Employer s Requirements, Clause pg Volume 2 Employer s Requirements, Clause , pg Penalty for Failure Events Settlement of Bonus/ Penalty Bonus/Penalty values Page 6 of Penalty for Failure Events Please refer Annexure-I of Corrigendum-VI Settlement of Bonus/ Penalty Please refer Annexure-I of Corrigendum-VI Bonus/Penalty values Please refer Annexure-I of Corrigendum-VI.

7 16. Volume 2 Employer s Other Penalties: Other Penalties: Requirements, Penalty Penalty Amount Penalty Penalty Amount Clause Other Penalties:, pg No. 1. Description Non -Compliance to Environmental Standards notified by regulatory authorities or as specified in the Contract. Rs. 10,000/- per Incidence per day till the compliance of the failure in addition to the Penalties/ Actions imposed by various authorities. No. 1. Description Non - Compliance to Environmental Standards notified by regulatory authorities or as specified in the Contract The environmental compliance is to be maintained by operator at all times as per the SWM Rules 2016 and all other applicable statutory norms/ rules/ regulation and its amendments issued from time to time or Conditions of Environmental Consent (EC) whichever are more stringent. Penalty of Rs. 15,000 per incidence per day will be levied by Employer for non-compliance to the above requirements. If the plant is required to be shut down due to Non-Compliance to any of the above requirements by Contractor or due to any other fault of Contractor, penalty would be levied equivalent to double the Operation Service charges for the shutdown period by Employer Page 7 of Non compliance to the norms of statutory authorities and their applicable amendments issued time to In addition to above, Contractor will have to pay any other penalties levied by statutory authorities but not limited to: 1. Penalties laid down by Pollution Control Board, NGT etc. 2. Penalties from DISCOM, MNRE, STU, etc

8 time due to abrupt closure of the plant. 17. Volume 3 Schedule of Payments, Clause 1.2 General Provisions Point (15), pg. 3 of 27. (15) As per circular no CA/FRC/11 dtd , the minimum payable amount to be retained in final bill shall be Rs. 7 Crore or Final Bill Amount whichever is more. (15) Deleted 18. Volume 3 Schedule of Payments, Clause Table Interim Payment Guide, pg. 3 of 27. Table Interim Payment Guide Table Interim Payment Guide 7.2 Terms of Interim Payment and retention for Design Build part of the Contract From each interim bill submitted by contractor, Employer shall release 70% of the amount and retain the balance 30%. The retained amount of 30% would be released as per Table 7.2. Payment of Table: 7.2 Description 7.5% after 6 months from date of issue of Commissioning Certificate (CC). 7.5% after 1 year from date of issue of CC. 3% 3% after 1.5 years from date of issue of CC. after 2.0 years from date of issue of CC. Page 8 of 16

9 3% after 2.5 years from date of issue of CC. 3% 3% after 3.0 years from date of issue of CC. after 3.5 years from date of issue of CC. 19. Volume 3 Schedule of Payments, Clause 8.1 Terms of Payment, pg. 15 of Terms of Payment (2) The annual Operation Service Charges quoted shall be pro-rated to the hours of actual operation, computed on monthly basis and payment shall be made accordingly. Note: 1. All payments subject to operation and maintenance performance satisfying & complying with performance requirement as stipulated under clause 18 and Appendix B of volume All payments shall be made as per clause 14.1 of FIDIC General Conditions and within period as specified in 14.8 (b) of Volume 1 and as per No. 25 of Corrigendum IV. 3. No interest shall be payable to the Contractor in relation to Retention amount. 8.1 Terms of Payment (2) The annual Operation Service Charges quoted shall be pro-rated to the hours of actual operation, computed on monthly basis and payment shall be made accordingly. (7) With regard to outages, Employer shall provide for a maximum of 15 days outage period during the financial year and the Operation Service charges for that period or part thereof shall be paid accordingly. Page 9 of 16

10 For outages exceeding beyond 15 days during that financial year, Operation service charges shall not be paid for that period. 20. Corrigendum-IV, 2, pg. 1 of Corrigendum-IV, 5, Pg. 2 of Notice of Invitation to Tenders (NIT), Clause 2(b): The Contract period for Design-Build is 36 (Thirty six) months including Monsoon period from date of Letter of Acceptance (LOA)/ Consent to Establish (CTE), whichever is later. 19. EARNEST MONEY DEPOSIT.. Notice of Invitation to Tenders (NIT), Clause 2(b): The Contract period for Design-Build is 42 (Forty Two) months including Monsoon period from date of Letter of Acceptance (LOA)/ Consent to Establish (CTE), whichever is later. 19. EARNEST MONEY DEPOSIT.. 8. Note:- i) Curable Defect shall mean shortfalls in submission such as: a. Non-submission of following documents, i. Valid Registration Certificate ii. Valid Bank Solvency iii. Sales Tax Registration Certificate (VAT) iv. Certified Copies of PAN documents and photographs of individuals, owners, etc v. Partnership Deed and any other documents vi. Undertakings as mentioned in the tender document. b. Wrong calculation of Bid Capacity, c. No proper submission of experience certificates and other documents etc. ii) Non-curable Defect shall mean a. In-adequate submission of EMD amount, b. In-adequacy of technical and financial capacity with respect to Eligibility criteria as stipulated in the tender Page 10 of 16

11 22. Corrigendum-IV, 20, pg. 7 of 4.2: I. Performance Security (Performance Bank Guarantee) (PBG) 4.2 I. Performance Security (Performance Bank Guarantee) (PBG) The successful Tenderer shall deliver the Performance Bank Guarantee (PBG) for 5% of that portion of the Accepted Contract Amount attributable to the Design-Build of the Works in Currency to the Employer within 28 days after receiving the Letter of Acceptance which shall be kept valid and enforceable for a period of 24 Years. The Bank Guarantee (BG) validity initially will be for a minimum five years period and validity shall be extended accordingly up to 24 years. The BG shall always be renewed one month before its expiry date in every five years, failing to which BG shall be encashed by Employer, and BG amount shall be returned only on receiving the renewed BG. In such a case, necessary additional penalty of 2% of BG amount per month shall be levied by Employer to the Contractor. This PBG will be released after 24 years of Contract period or finalization of the Bill or settlements of accounts of work by the Contractor whichever is later. Note: In case of SPV, PBG shall be submitted in proportionate to each SPV member s shareholding percentage in the SPV. 23. Corrigendum-IV, 22, pg.8 of 14.3 Retention Period : Deleted Percentage of Retention: Deleted 14.3 Retention Period : till the end of 20 Years of Operation Service Period Percentage of Retention: 5% from each running bill of Operation Service Limit of Retention Money: Deleted Limit of Retention Money: No Limit for retention amount of Operation Service Bills. Page 11 of 16

12 24. Corrigendum-IV, 28, pg.11 of Delete the Sub-Clause and replace with the following: Dispute Resolution Committee (DRC): In case of any dispute, difference or claim arises out of this contract, following three stages procedure would be followed, 1st Stage:. 2nd Stage:. 3rd Stage:. Note: 1) 2) FIDIC Gold Book (General Conditions of Contract) Clause 20.6 Obtaining Dispute Adjudication Board's Decision, then the decision shall become final and binding upon both Parties. 25. Corrigendum-IV, 31, pg.12 of 1.2 Requirements of the Project The Contractor shall design, build, and operate the plant.. The project will have a processing capacity of 3000TPD...any change /modification required in terms of plant capacity, margin on capacity and redundancy Page 12 of Requirements of the Project The Contractor shall design, build, and operate the plant.. The project will have a processing capacity of 3000TPD...any change /modification required in terms of plant capacity, margin on capacity and redundancy shall be complied without any price implication.

13 shall be complied without any price implication. The daily MSW quantity may vary in the range of ±20% of 3000TPD and Quarterly average may be 10% lower or 20% higher. Also, MCGM may provide additional MSW upto 20% of 3000TPD, if the same is requested by the Contractor. On the contrary if required, MCGM may provide additional 20% or more MSW per day, in such case Operator may refuse to accept MSW above 20%. The proposed Project will complement. The daily MSW quantity may vary in the range of ±10% of 3000TPD and Quarterly average may vary ±10%. Also, Employer may provide additional MSW up to 10% of 3000TPD, which the Contractor may accept or reject. The Contractor may request for additional quantity of MSW without any obligation to the Employer. Employer will supply MSW of minimum 90% of 3000TPD average quantity on quarterly basis. If there is shortfall in supply of MSW from Employer, quarterly penalties of shortfall in MSW processing would be adjusted accordingly. The proposed Project shall have a positive impact on the surrounding communities by limiting noise, light pollution, vehicular traffic and providing positive visual aesthetics. The proposed Project will complement. The proposed Project shall have a positive impact on the surrounding communities by limiting noise, light pollution, vehicular traffic and providing positive visual aesthetics. 26. Corrigendum-IV, 33, pg. 12 of Site development/ preparation works, consisting of - Land required. -Site clearance, complete excavation of legacy waste from the land area of proposed WtE project, segregation (for Soil, C&D, etc.), reuse of soil, C&D and inert material for backfilling, filling excavated area with good approved earth/ approved earth mixed with useful backfill material, Compaction, ground improvement with reinforcement (if required up to required finish Page 13 of Site development/preparation works, consisting of - Land required. -The contractor is encouraged to excavate legacy waste from the land area of proposed WtE project site, segregation (for Soil, C&D, etc.), reuse of soil, C&D and inert material for backfilling, filling excavated area with good approved earth/ approved earth mixed with useful backfill material, compaction, ground improvement with reinforcement (if required up to required finish level as per design requirements). Excess unused material shall be disposed, compacted and leveled by the contactor at the Deonar dumpsite only at the location as directed by

14 level as per design requirements). Excess unused material shall be disposed, compacted and leveled by the contactor at the Deonar dumpsite only at the location as directed by Employer's Representative. - Site grading, diversion of the existing road. - Storm water and sewage disposal system - Re-routing of any under-ground services such as gas pipe line, electrical cables, data cables, if required. There is a very remote possibility, however if found, MCGM shall bear cost for the same. -including necessary provisions Rejects Management: Employer's Representative. If any revenue generated from excavation of legacy waste, segregation (for Soil, C&D, RDF, etc.), reuse of soil, C&D, RDF and inert material, etc, during land clearance will go the contractor s account. But, if the Contractor wants to directly shift the required quantity of legacy waste to the other parts of Deonar dumpsite, he is allowed to do so as per the direction of Employer's Representative. The contractor is also encouraged to implement innovative technologies so as to improve the ground condition, to reduce excavation quantity of legacy waste for the purpose of construction and installation of the Plant. - Site grading, diversion of the existing road. - Storm water and sewage disposal system - Re-routing of any under-ground services such as gas pipe line, electrical cables, data cables, if required. There is a very remote possibility, however if found, MCGM shall bear cost for the same. -including necessary provisions Rejects Management: 27. Corrigendum-IV, 36, pg. 13 of A) Pre-processing rejects: The rejects arising from pre-processing shall be handled, processed, treated, utilized and disposed off by the contractor as per statutory standards on daily basis hectares of land (Land Parcel-A presented as Drawing 2 in Volume-5) in the site is allocated as an interim storage for the pre-processing rejects management. This 1.67 Ha. land shall be adequate for about 2 years of operation. For operations after 2 years, MCGM may provide not more than 12 hectare land, if required, for pre-processing rejects management Page 14 of 16 A) Pre-processing rejects: The rejects arising from pre-processing shall be handled, processed, treated, utilized and disposed off by the contractor as per statutory standards on daily basis hectares of land (Land Parcel-A presented as Drawing 2 in Volume-5) in the site is allocated as an interim storage for the pre-processing rejects management. This 1.67 Ha. land shall be adequate for about 2 years of operation service. The Contractor is encouraged to produce salable products from the rejects as per SWM Rules-2016 and other applicable Rules/ norms and their amendments from time-to-time and take the complete revenue coming from the sale of these products. B) Processing rejects:

15 as per SWM Rules If the allocated land is other than the Deonar Dumpsite, then the necessary transportation charges shall be paid by MCGM as per mutually agreed rate or through separate agency appointed by MCGM. The Contractor is encouraged to produce salable products from the rejects as per SWM Rules and other applicable Rules/ norms and their amendments from time-to-time and take the complete revenue coming from the sale of these products. B) Processing rejects: The Land Parcel-D of 2.0 hectares presented as Drawing No. 2 in Volume-5 shall be utilized by the Contractor for processing rejects (ash, sludge, tar etc.) arising from processing. It is contractors responsibility to ensure 100% handling, processing, recycling, utilization and disposal of the process rejects. The Contractor is encouraged to produce salable products from the rejects as per SWM Rules-2016 and other applicable Rules/ norms and their amendments from time-to-time and take the complete revenue coming from the sale of these products. The Land Parcel-D of 2.0 hectares presented as Drawing No. 2 in Volume-5 shall be utilized by the Contractor for processing rejects (ash, sludge, tar etc.) arising from processing. Contractor is encouraged to ensure 100% handling, processing, recycling and utilization of the process rejects. The Contractor is encouraged to produce salable products from the rejects as per SWM Rules-2016 and other applicable Rules/ norms and their amendments from time-to-time and take the complete revenue coming from the sale of these products. C) Hazardous material management It is the responsibility of the Contractor to dispose off Hazardous material generated from plant as per applicable rules and norms at his own cost. D) It is contractor s responsibility to ensure 100% scientific disposal of all kinds of rejects. For operations after 2 years, the Contractor will be provided upto 12.0 Hectares of land at Deonar site or any other location, where Contractor shall be allowed to do processing, management and scientific disposal of daily pre-processing and processing rejects generated from 3 rd year to 20 th year of Operation Service of WtE plant. In case, if the allocated land is more than 3 km away from the Deonar site, then the necessary transportation charges shall be paid by MCGM as per MCGM 's applicable Schedule of Rates (SoR). C) Hazardous material management It is the responsibility of the Contractor to dispose off Hazardous material generated from plant as per applicable rules and norms at his own cost. D) It is contractor s responsibility to ensure 100% utilization, recycling and disposal of all kinds of rejects. Page 15 of 16

16 28. Corrigendum-IV, 62, pg. 19 of 9.3 Floor on Operational Cost (1) Annual Operation Service Charges shall not be less than 5% of the quoted Design Build cost (excluding the sum of pricing schedule A1.1.1 Site Survey, A1.1.2 Geotechnical, Hydrogeological and other Investigations, A1.1.3 Waste Physico-chemical Characterization Study, A1.1.4 Site Clearance, Excavation, Filling & Compaction, A1.1.7 Eastern Peripheral Slope Preparation and Landscaping, A1.2 Design including all approvals, A1.8 Tests on Completion and Training, A1.9 Provisional Sums General.) 9.3 Floor on Operational Cost (1) Annual Operation Service Charges shall not be less than 8% of the quoted Design Build cost (excluding the sum of pricing schedule A1.1.1 Site Survey, A1.1.2 Geotechnical, Hydro-geological and other Investigations, A1.1.3 Waste Physico-chemical Characterization Study, A1.1.4 Site Clearance, Excavation, Filling & Compaction, A1.1.7 Eastern Peripheral Slope Preparation and Landscaping, A1.2 Design including all approvals, A1.8 Tests on Completion and Training, A1.9 Provisional Sums General.) 29. Corrigendum-IV, 63, pg. 19 of 10 PRICING SCHEDULE B2: ASSET REPLACEMENT SCHEDULE 10.1 General. Floor for ARF charges (8) The Annual Asset Replacement charges shall be maximum 1% of the quoted Design Build cost (excluding the A1.1- Site development/ preparation cost). Contractor shall indicate the charges for the Operation Service period of 20 years. 10 PRICING SCHEDULE B2: ASSET REPLACEMENT SCHEDULE 10.1 General. Floor for ARF charges (8) Deleted Page 16 of 16