Ship to Shore Rail Mounted Gantry Cranes Project Number: 034 Questions and Answers/Part 1

Transcription

1 Ship to Shore Rail Mounted Gantry Cranes Project Number: 034 Questions and Answers/Part 1 1. Please advise the MSPA project budgeted for the 3x cranes required in Tender Project # 034. a. $27 Million to $40 Million 2. Ref: "MSPA Tender Section on Page 29 of 150 ", we note that the "Notice to Proceed" is used to begin the 550 Day Delivery Period; however, this term is not on the Project Schedule Milestones. It is our understanding that normally the official Notice to Proceed" occurs several weeks after Project Award to insure the customer (MSPA) agrees with the Awardees' crane design & conformance to both the contract and the technical specification. Please advise the MSPA definition of this commercial term Notice to Proceed to clarify our understanding and that we are in agreement. a. This will be addressed by Addendum #2 3. Ref: MSPA Tender Section on Page 29 of 150 ", This "Notice to Proceed" clarification is critical to the following two (2) the tender contractual requirements extracted the below regarding the Project's Completion Date and the Liquidated Damages clauses as they cover the delivery period. We understand that the cranes cannot be delivered before 9 July 2016 and that Final Acceptance must occur no later than November 9, 2016; if not, then the LD Clause is invoked. Please advise the MSPA definition of this commercial term Notice to Proceed to clarify our understanding and that we are in agreement. a. This will be addressed in Addendum #2 4. There is No Cap on the Liquidated Damages (L/D) Clause on the Five Thousand ($5,000) Dollars per day per crane. We request a L/D Penalty Cap of One Million Dollars ($1,000,000). Under the terms of this clause, we would of course immediately notify the MSPA and request a L/D Wavier for any Force Majeure Events that might impact this crane projects delivery schedule. a. MSPA will not put a penalty cap on LD s 5. We note in that Technical Specification in the Control Drives section lists ABB Drive. Will the MSPA accept or consider other Control Drive Venders such as Fuji Electric and Avtron Drives? a. NSI/MCKAY to respond and assist with Addendum as needed

2 6. We noticed that in the STS crane bid specs - MSPA project no. 034 the Control System provider appears to be limited only to ABB or TMEIC (Section The Control System Supplier shall be ABB or TMEIC. ). However, Avtron would also like to be included as a preferred Control System supplier. a. NSI/MCKAY to respond and assist with Addendum as needed 7. You have specified only two spreader manufacturers and did not include RAM. We request that the Port include RAM to the list of spreader manufacturers in Section of the specifications. a. Both RAM and Stennis spreaders be considered as equal to the Bromma. As stated in the Base and Alternate bid items, the Over height Adapter should be supplied by the same manufacturer as the spreader. 8. Bid bond end date we suppose to June, 20, 2014 is it ok? And please find the attached standard form for the entire bond.. Please use all forms that are included in the Bid Package. No other forms will be accepted. Please note that all Surety Companies must be licensed in the State of Mississippi. 9. According to our understanding the performance bond will be issued after Contractor signs the contract with buyer. The payment bond will be issued according to your payment schedule.. The Payment Bond will be issued with the Performance Bond and must be 100% of the contract amount. Bonds must be received by MSPA before work can start. 10. According to our understanding the Warranty bond will be issued after hand over crane to the buyer. 11. LD $5000 per day for each crane? May we limit the maximum total amount of LD should not exceed 5% of the contract price?. 12. Spec Section 9A6 Governing Law - Governing law: We suggest law of England. 13. Spec Section 9.B Successors and Assigns - Owner assignments shall not be without the written consent from the contractor. a. Yes

3 14. Spec Section 14.B- Claims for additional cost: The amount of the adjustment in the contract sum(if any) shall be determined by owner. We suggest the adjustment of the additional cost should be discussed and agreed by both parties. 15. Spec Section 1L-Shipping date should be no sooner than June 9, 2016? a. Correct 16. Spec Section 5B1-Suggest give 2 weeks calendar days as a reasonable promptness. 17. Spec Section 5B3vi-According to FEDIC it will be 29 days time period. a. We don t understand what FEDIC is. Not enough information to answer question. 18. Spec Section 5C-If this stop will affect our normal fabrication procedure, then buyer will be responsible for it solely. We suggest owner give three days (or both parties agreed time) to the contractor to correct the defect. a. Both parties will agree 19. Spec Section 5D-We hope that the owner will give additional one week after warning. 20. Spec Section 6D5-Please see Statement for STS Project Design Review and Mod a. These items are not acceptable 21. Spec Section 6E2- The cost should be limited in US$5000 per operation breakdown, at the same time the owner should inform contractor before proceed forthwith to repair. 22. Spec Section 6P1- The contractor should not be responsible for any indirect cost. The item which is defined in other clause (in this contract) for the penalty then is not suitable for this clause. 23. Spec Section 6P2- Then how much is suitable? Is there any insurance for this? a. Yes, you can purchase Builders Risk insurance 24. Spec Section 8B3-To be discussed during negotiation t enough information to answer question 25. Spec Section 9H-Suggest 10% for interest. a. The current legal rate is 8%. Legally we cannot agree to change the amount.

4 26. Spec Section 9I2- We suggest the all mediation and arbitration proceedings and hearings shall be conducted in third parties place. a. All hearings must take place in the State of Mississippi 27. Spec Section 9J- We can issue maximum three yeas warranty bond. Anthe the bond will be valid at the time the crane is handed over.. Warranty Bond must remain 5 years. 28. Spec Section 9K- Ownership of Joint Developments should belong to both parties. 29. Spec Section 9M- Only after the payment obligation and other obligation specified in the contract is completed by the owner then Waiver of Liens.. Please follow all payment procedures listed in the Specifications 30. Spec Section 10C1- The contractor cannot be responsible for the subcontractor which is appointed by the owner (buyer).. the Owner does not appoint Subcontractors 31. Spec Section 10C2- As we understand it shall including typhoon during transportation and the owner's wharf not ready to receive cranes such as short of power and water etc. 32. Spec Section 10C11- The LD has already covered everything; contractor should not be responsible for any other damages. 33. Spec Section 11B- Upon assembly, testing, and loading on vessel for all three cranes, we propose 35% of payment. And delete payment No Spec Section 11B2- Which kind of documents? Do you have a sample? a. Yes. We will provide the standard Lien Release waiver 35. Spec Section 11D1 - Only with the judgment of the court then the owner may withhold any payment. The Owner may withhold payment as listed in the Specifications 36. Spec Section 11D1viix-To be discussed during negotiation. Will not be negotiated

5 37. Spec Section-11FG- We suggest the hand over procedure to be like that: When substantial Completion then all risk and title transfer to the owner, and all LD should be stopped. The owner will pay all payment to contractor, at the same time contractor will issue the warranty bond to owner. As we understanding the final completion means the cranes are ready for operation. a. LD s will stop at FINAL completion not substantial completion. END OF PART 1 QUESTIONS AND ANSWERS