Tender document volume 1

HOI AN SOUTH DEVELOPMENT PROJECT PHASE DUY HAI COMMUNE - DUY XUYEN DISTRICT QUANG NAM PROVINCE STAFF VILLAGE CONTRACT TENDER DOCUMENT VOLUME EMPLOYER HOI AN SOUTH DEVELOPMENT LIMITED Tay Son Tay Hamlet, Duy Hai Commune Duy Xuyen District, Quang Nam Province Vietnam ARCHITECT DESIGN MECHANICAL & ELECTRICAL ENGINEER WATG SINGAPORE INC Commonwealth Ln., #02-03 Singapore 149555 PARSONS BRINCKERHOFF (ASIA) LTD 7F One Kowloon, Wang Yuen Street Kowloon Bay, Kowloon Hong Kong STRUCTURAL ENGINEER QUANTITY SURVEYOR P&T CONSULTANTS (VIETNAM) CO.LTD 4/F Dinh Le Building, 01 Dinh Le Street, Ward 12, District 4, Ho Chi Minh City Vietnam WT PARTNERSHIP (VIETNAM) LTD TMS Building, Level 3, Unit 301 172 Hai Ba Trung Street, Dakao Ward District 1, HCM City Vietnam EXECUTIVE ARCHITECT CIVIL ENGINEER WONG & OUYANG (HK) LTD 27/F, Dorset House, Taikoo place 979 King’s Road Hong Kong ARUP (HK) LTD Level Festival Walk 80 Tat Chee Avenue, Kowloon Tong Kowloon Hong Kong CONSTRUCTION MANAGER FQM CONSULTANT CORPORATION 181 Dien Bien Phu Street, Dakao Ward District 1, HCM City Vietnam AUGUST 2017 HOI AN SOUTH DEVELOPMENT PHASE STAFF VILLAGE CONTRACT TENDER DOCUMENTS TABLE OF CONTENTS VOLUME Section 1: Instructions To Tenderers Section 2: Employer’s Requirements 2.1 Employer’s Specific Requirements 2.2 Scope of Works 2.3 Design Brief & Performance Specifications Section 3: Tender A (Base Tender) – Design & Build Contract 3.1 Contract Agreement, Conditions of Contract and Schedule of Appendixes 3.2 Form of Tender A 3.3 Tenderer's Proposal Section 4: Tender B (Optional Tender) – Design, Build & Operate Contract 4.1 Tender Requirement & Form of Contract 4.2 Form of Tender B 4.3 Tenderer's Proposal Section 5: Tender C (Optional Tender) – Design, Build & Lease Contract 5.1 Tender Requirement & Form of Contract 5.2 Form of Tender C 5.3 Tenderer's Proposal VOLUME Section 1: Principles of Measurement For Works of Construction Section 2: Project communication and drawing issuance protocol Section 3: Sanction of Violations Section 4: Register All Workers Section 5: Environmental Impact Assessment Section 6: Soil Report Tender Documents SECTION INSTRUCTION TO TENDERERS HOI AN SOUTH DEVELOPMENT PHASE STAFF VILLAGE CONTRACT INSTRUCTION TO TENDERERS TENDER DOCUMENTS The information which is contained in this section shall be construed as instructions and conditions of tendering and will subsequently form part of the Contract Documents The Tender Documents issued consist of: a) Letter of Invitation to Tender b) A Volume book containing of: c) (i) Instructions to Tenderers (ii) Employer’s Requirements (iii) Contract Agreement, Conditions of Contract and Schedule of Appendixes (iv) Form of Tender (v) Tenderer’s proposal A Volume book containing of: (i) Principles of Measurement For Works of Construction (ii) Project communication and drawing issuance protocol (iii) Sanction of Violations (iv) Register All Workers (v) Environmental Impact Assessment (vi) Soil Report SCOPE OF TENDER Tenderer is required to design and build Staff Village within a Contract Period of days in accordance with Employer’s Requirements stated in Item 1.b.(ii) Tenderer is required to price for the following options: A Tender A (Base Tender): Design and Build Contract, HASD pay the costs and operate B Tender B (Optional Tender): Design, Build & Operate to HASD Contract (Contractor operate and HASD pay the rent) C Tender C (Optional Tender): Design, Build & Lease to HASD Contract (HASD pay the rent and operate) SUBMISSION OF TENDERS For each Tender (A, B & C), two separately identified packages in hard copies in English and priced in Vietnam Dong as follows: a) Financial Submission including the book referred to in Item (b) above and comprising: (ii) A CD ROM containing: A The Contractor’s Bill of Pricing Proposal and Schedule of Rates (in Tender Document HOI AN SOUTH DEVELOPMENT PHASE STAFF VILLAGE CONTRACT INSTRUCTION TO TENDERERS PDF format and excel files) with all items fully rated All section totals must be transferred to the Detailed Summary and then to the Main Summary B The Form of Tender (in PDF format) fully completed, signed, chopped and dated (iii) Both a hard copy (original) of Items (a)(i)A and (a)(i)B above and the CD ROM shall be submitted with the Tender (iv) Appendix to Tender (v) Particular Conditions (vi) The Contractor’s Bill of Pricing Proposal stated Item 1.b.(v) (vii) A letter from a Bank approved by the Employer confirming that a Performance Security, Advance Payment Guarantee and Warranty Guarantee in the exact wording appearing stated in the Particular Conditions of Contract if the Tenderer is awarded the Contract (viii) Confirmation from the Tenderer, or if the Tenderer comprises more than one entity all legal entities comprising the Tenderer, of the name and registered address of the ultimate parent or holding company (of each participating joint venture company where applicable) that shall provide the form of Parent Company Guarantee in the exact wording appearing stated in the Particular Conditions of Contract if the Tenderer is awarded the Contract (ix) Where the Tenderer intends to execute the Contract as a joint venture (JV), a copy of the JV Agreement or such details of the Agreement as will enable the Employer to assess the Tenderer’s ability to execute and complete the Main Contract Such submission shall include, but not necessarily be limited to: A The name and registration particulars of the JV; B The duration of the JV Agreement; C The legal form of the JV, including details as to the authority, responsibilities, method of resolving disputes between the parties, degree of participation and powers of each party to the JV (including the identification of any element of the Works that is intended to carried out under the sole responsibility of either party), confirmation that each JV party will be jointly and severally liable under the Contract and the name of the JV Leader; D The operational structure of the JV as it relates to the contract (x) Written undertaking of compliance with Vietnam Laws stated in Appendix inclusive duly filled in, signed and stamped (xi) Anti-corruption declaration of Contractor, Subcontractors and Suppliers stated in Appendix inclusive duly filled in, signed and stamped (xii) Authorized branch office (if any) stated in Appendix inclusive duly filled in, signed and stamped Tender Document HOI AN SOUTH DEVELOPMENT PHASE STAFF VILLAGE CONTRACT INSTRUCTION TO TENDERERS (xiii) Confidential undertaking stated in Appendix inclusive duly filled in, signed and stamped (xiv) Schedule of daywork rates stated in Appendix inclusive duly filled in, signed and stamped (xv) Proposal for milestone payment with justification b) Technical Submission comprising at least the following: (i) Master programme showing various stages from design to construction and post construction and the sequence of works within the Contract period (ii) Design proposals comprises of drawings, renderings, list of proposed materials & catalogues, design calculations, specifications, etc prepared by the Tenderer as part of the Contractor's proposal (iii) A statement of company procedures in respect of health and safety and proposed project specific Safety Plan (iv) A statement of company procedures in respect of environmental management and proposed project specific Environmental Management Plan (v) A statement of company procedures in respect of quality assurance and proposed project specific Quality Plan including the organization chart for QA team and dedicated works inspection team (vi) A Method Statement describing how the various stages of the Works will be carried out including design, preparation, submission, shop drawings, co-ordination, fabrication, delivery, installation, testing and commissioning (vii) Proposals for establishment on Site and the use of works areas including a description of the major preliminaries items such as temporary power and lighting, access scaffolding, site logistics, site security, temporary drainage, temporary weathertightness measures, worker welfare facilities, rubbish removal, housekeeping, general labour duties and temporary works (viii) Details of the Tenderer's proposed management team identifying the Key Personnel and stating their experience and the previous projects in which they have been involved Including their intended project designation and major duties (ix) Details of the Tenderer's proposed design team with CVs and job references Please indicate if the proposed design team is in-house or out-sourced team (x) Details of how the Tenderer intends to manage the works undertaken by Subcontractors (if any) and his own subcontractors (xi) Labour histogram for the Works providing details of estimated labour resources required by the Design & Build Contractor together with the Tenderer’s proposals detailing how the Tenderer intends to fulfill his obligations described in the Tender Documents regarding the Tender Document HOI AN SOUTH DEVELOPMENT PHASE STAFF VILLAGE CONTRACT INSTRUCTION TO TENDERERS employment of local labour and importation of foreign labour (xii) A schedule with the names and addresses of domestic subcontractors that the Tenderer proposes to utilize for the various trades and sections of the Works (xiii) A schedule with the names and addresses of suppliers of material (reinforcement, concrete, tiling, steel structurers, etc.) that the Tenderer proposes to utilize for the various trades and sections of the Works (xiv) List of batching plants (xv) List of laboratory for testing (xvi) List of licensed surveyors proposed for this project contain with CV (xvii) Schedule and catalogues and specifications of proposed materials and equipment to be supplied and installed for this project (xviii) Technical proposal (xix) Any other details and information required by the Tender Documents (xx) Any other details and information the Tenderer believes will assist in evaluation of the Tender c) d) The documents listed in Items (a) and (b) above are to be submitted simultaneously in both hard copies (1 original plus copy) and in CD ROMs separately containing the respective submissions in electronic format in sealed envelopes labelled: (i) “Financial Submission for Tender for the Staff Village Contract for Hoi An South Development Phase at Quang Nam Province, Vietnam” and deposited at the time and place set out in the invitation to Tender (ii) “Technical Submission for Tender for the Staff Village Contract for Hoi An South Development Phase at Quang Nam Province, Vietnam” and deposited at the time and place set out in the invitation to Tender Tender shall use the Tender submission checklist and attach to their submissions accordingly Tenders shall be submitted in accordance with the requirements stipulated in Items (a), (b) and (c) above and by the date and time stipulated in the Letter of Invitation to Tender or by any revised date for Tender submission as may be notified to Tenderers e) The Tenderer shall note that the information provided in the Technical Submission in Item (b) above is for the purposes of assessing and comparing Tenders and obtaining a measure of the extent to which the Tenderer has given detailed consideration to the requirements for carrying out the Works The assessment by the Employer of such information shall not be deemed to be an acceptance of the information in the event of a Tenderer being awarded the Contract, unless the acceptance has been expressly stated in the Letter of Acceptance/Award The responsibilities Tender Document HOI AN SOUTH DEVELOPMENT PHASE STAFF VILLAGE CONTRACT INSTRUCTION TO TENDERERS and obligations of the Contractor as to the requirements for submission of information shall be according to the Contract, notwithstanding the submission and consideration of the information prior to award f) Tenders will remain valid for one hundred twenty (120) days from the Tender Closing Date stipulated in the Form of Tender and no tenderer may withdraw his tender within that period g) Every notice to be given to a tenderer will be posted to the tenderer's address Such postage will be deemed good service of such notice h) Non-compliance with the above conditions (a) and (b) in any respect or tenders not received by the Tender Closing Date will render the tender liable to rejection TENDER EXPENSE a) All expenses incurred by the tenderer in the preparation of the tender are to be borne by the tenderer b) The Employer shall not be responsible for or pay for any cost, expenses, damage or losses which may be incurred by any Tenderer related to or in any way connected with the Tender or in the preparation of his Tender regardless of the conduct or outcome his Tender TENDER DEPOSIT Not applicable FORM OF CONTRACT AND PRICING a) For each Tender (A, B & C), the Form of Contract will be used the type of FIDIC Condition of Contract accordingly b) The Staff Village Contract comprises a Lump Sum Fixed Price Contract for the Design and Build described in the Scope of Works, Employer’s Requirements, Conditions of Contract and Specifications and remeasurable for Provisional Sums, all to be varied or expended in accordance with the Contract The rates contained in the priced tender schedule are fixed unit rates include all necessary overheads and profit and shall be used for the sole purpose of computing the value of interim payments and for assessing the value of contract variations c) The Contractor’s Bill of Pricing Proposal shall include here for the cost of complying with Scope of Works, Employer’s Requirements, Conditions of Contract and Specifications The Contractor will be responsibilities for fulfill of Contractor’s Bill of Pricing Proposal The quantities stated in Contractor’s Bill of Pricing Proposal will not be subject to re-measurement or re-evaluation after the signing of the contract save for provisions of the Contract Conditions relating to provisional quantities and no claim will be entertained in the event that the actual constructed quantity varies from the Contractor’s Bill of Pricing Proposal d) The Contract is a firm price Contract and there shall be no adjustment for fluctuations (rises or falls) in the cost of labour, materials, goods, Tender Document HOI AN SOUTH DEVELOPMENT PHASE STAFF VILLAGE CONTRACT INSTRUCTION TO TENDERERS temporary services, currency exchange rates and any other constituent part of the Contract or for any changes in current legislation of regulations which occur during the period of the Contract regarding working conditions, working hours or rates of payments or benefits to employees and any other costs in employing labour for the Works and regarding rates of taxes, fees, duties, levies or other duties payable on materials and goods and services used in the Works The Contractor shall not be entitled to any additional payment from the Employer for any increase in costs whatsoever in connection with his obligations under the Contract e) The Contractor shall be responsible for the re-measurement and pricing of Items of Provisional Sums (if applicable) and submission of supporting drawings, measured quantities and substantiation of any new rates used to the Employer's Representative f) The tenderer is required to provide a fully priced schedule of Preliminaries in Item (1)(c)(ii) and measured works The works as designed by the Tenderer shall be fully described and measured in Format Contractor’s Pricing Proposal and each item must be priced Items or indicated as not priced or included Unpriced items not so annotated shall be deemed to be included in the tender amount Tenders containing lump sums to cover trades or groups of work must be broken down to show the price of each item before they will be accepted g) The Tenderer shall inspect the Site to thoroughly acquaint himself with the location, the existence of obstructions or existing works, the position of existing services, the location and condition of existing structures and things, accessibility, storage and working space, restrictions for off-loading materials and all other aspects which may affect the carrying out of the Works The Tenderer shall in any event be deemed to have visited the Site and be deemed to have satisfied himself of the risks and obligations under the Contract before submitting the Tender h) The tenderer shall be deemed to have made allowance in his price for all items of preliminaries, profit and overheads, design, supervision, and all other expenses including any expenses in connection with Prime Cost, Provisional Sums and other items in the Specifications and all works relate to method of construction, if these have not been priced separately against the respective items COMPLY WITH TENDER DOCUMENTS a) The Tenderer must first submit his tender based on the materials or systems as specified in the tender documents Any qualification of tender or the Tender Bill may cause the tender to be disqualified b) Only after having complied with the requirement specified in the preceding paragraph, the Tenderer if he so desires may submit (on separate typed pages on his letter head) alternative in the document for tender The Tenderer must submit his alternative price and full specifications of materials, system and workmanship for the alternatives he proposes together with his tender The submission should follow the format contained in this Document Tender Document HOI AN SOUTH DEVELOPMENT PHASE STAFF VILLAGE CONTRACT c) INSTRUCTION TO TENDERERS The Employer’s Representative's decision as to the acceptability or otherwise of any alternative materials offered will be final NO ALTERATION No unauthorised alteration or erasure to the text of the Tender Documents will be permitted Any tender containing such alteration or erasure may not be considered CHECK NUMBER OF PAGES The Tenderer is required to check the numbers of the pages of the Tender Documents against the page numbers given in the CONTENTS, and should he find any missing, in duplicate, or indistinct, he must inform the Quantity Surveyor at once and have the same rectified 10 11 QUERIES (a) The Tenderer is requested to raise any queries with the Employer at least days before the date for submission of tenders Only answers in writing addressed to all Tenderers by the Employer’s Representative or Quantity Surveyor shall be deemed to affect the Tender Documents in any way Such letters will be bound in with, and shall become part of the contract documents All queries are to be sent to the Employer in writing for response (b) Should the Tenderer for any reason whatsoever be in doubt about the precise meaning of any item or figure contained in the Tender Documents a query should be raised in the manner as described above (a) No liability will be admitted, nor claim allowed, in respect of errors in the tender submitted due to mistakes in the Tender Documents which should have been rectified in the manner described above ERRORS IN TENDER (a) If there is any discrepancy between the tender sum inserted in the Form of Tender and the tender sum stated in the Final Summary or other documents, the tender sum in the Form of Tender shall be taken as correct If there is any discrepancy between the tender sum inserted in words and figures in the Form of Tender, the tender sum in words or figures which tallies with the sum stated in the Final Summary shall take precedence If none of the sums tally, the tender sum in figures in the Form of Tender shall take precedence (b) Any arithmetical or obvious pricing errors discovered in the priced tender documents submitted before acceptance of the Tender shall be corrected in order that the corrected total of the Final Summary equates with the amount entered upon the Form of Tender in accordance with the following procedure: The nett total of such errors, whether a nett addition or nett omission, will be calculated as a percentage of the corrected total of the final Summary after 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COMPLY WITH TENDER DOCUMENTS a) The Tenderer must first submit his tender based on the materials or systems as specified in the tender documents Any qualification of tender or the Tender Bill... Tender B (Optional Tender) – Design, Build & Operate Contract 4 .1 Tender Requirement & Form of Contract 4.2 Form of Tender B 4.3 Tenderer's Proposal Section 5: Tender C (Optional Tender) – Design,... percentage Tender Document HOI AN SOUTH DEVELOPMENT PHASE STAFF VILLAGE CONTRACT 12 13 INSTRUCTION TO TENDERERS ACCEPTANCE OF TENDER (a) The Employer is not bound to accept the lowest or any tender