request for proposal (rfp) for the construction of …
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REQUEST FOR PROPOSAL (RFP) FOR
THE CONSTRUCTION OF OFFICE
SPACES AT
IBIS DIEGO MARTIN BRANCH
NED-ICDM-2015
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CONTENTS
1. GENERAL INFORMATION 3
1.1 Background Information 3 1.2 No Contractual Obligations 3 1.3 No Claim for Compensation 3 1.4 Conflict of Interest 3 1.5 Acknowledgement 4 1.6 Request for Additional Information 4 1.7 Format of Tenders 4 1.8 Request for Proposal Schedule 5
2. INSTRUCTION TO BIDDERS 7
2.1 Introduction 7 2.2 Eligibility of the Bidder 8 2.3 The Tender Document 9 2.4 Pre Tender Meeting and Site Visit 10 2.5 Preparation of the Tender 10 2.6 Submission of the Tender 12 2.7 Tender Opening 14 2.8 Tender Evaluation 14 2.9 Award of the Contract and Post Tender Negotiations 15
3. SCOPE OF WORKS 17
4. Contract 19 5. Conditions of Contract 24 6. APPENDIX 1 35 7. FORM OF TENDER 36 8. Experience and Performance Questionnaire 38 9. Schedule of Labour, Equipment and Material 10. Drawings
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1. GENERAL INFORMATION
1.1 BACKGROUND INFORMATION
NEDCO is a Trinidad & Tobago (T&T) state enterprise tasked with developing the capacity of the Small and Micro Enterprise (SME) sector by the provision of entrepreneurial support services, in the form of loans, and business training at its ETIIC and IBIS Centers.
NEDCO is currently headed by CEO Julian Henry, and a Board of twelve Directors. In fulfilling its mandate to provide “entrepreneurial services and representation to citizens of Trinidad and Tobago, who cannot get traditional business loans,” NEDCO has established Branches in Twelve (12) locations throughout Trinidad and Tobago.
1.2 NO CONTRACTUAL OBLIGATIONS AS PART OF RFP PROCESS
This i s a Request f o r Proposal. No contractual obligations will arise between NEDCO and any bidder until and unless NEDCO and a bidder enter into a formal, written contract for the bidder to provide the services contemplated in this Invitation to Bid (ITB). NEDCO reserves the right to reject any or all tenders, in whole or in part, to negotiate changes in the scope of services and waive any technicalities as deemed in its best interest.
1.3 NO CLAIM FOR COMPENSATION
Except as expressly and specifically permitted in these instructions to the Bidder, no Bidder shall have any claim for any compensation of any kind whatsoever, as a result of participation in the ITB, and by submitting a tender each Bidder shall be deemed to have agreed that it has no claim.
1.4 CONFLICT OF INTEREST
NEDCO wishes to ensure that there is no Conflict of Interest in this tender. As such, any relationship involving the Bidder and Members of NEDCO’s Board and Staff must be fully disclosed.
Such interest as specified in the State Enterprises Performance Monitoring Manual and Section 29 (1) of the Integrity in Public Life Act 2000, and shall not take part in the consideration or discussion of the offer, nor vote on any consideration concerning such offer.
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1.5 ACKNOWLEDGEMENT
Interested parties must indicate by e-mail: [email protected] that they have collected the ITB and intend to tender. With this acknowledgement, bidders must also indicate the name and contact details of the persons within their organization responsible for leading the tendering process and subsequent liaison between NEDCO and their organization for correspondence and queries.
1.6 REQUESTS FOR ADDITIONAL INFORMATION
Any queries in relation to the requirements specified in this document, requests for clarifications or any other aspects relating to the process must be addressed to: [email protected] and include in the subject line: “ THE CONSTRUCTION OF
OFFICE SPACES at IBIS DIEGO MARTIN BRANCH”
A document containing the replies to any request for clarification or additional information (including all previous requests) shall be circulated to all parties who have expressed their intention to tender.
1.7 FORMAT OF TENDERS
Tenders shall comprise a Single-Envelope System; this means a single envelope containing both the financial and technical information for evaluation.
Alterations or erasures on any tender shall be initialed by the bidder or, in the case of a company, partnership or firm, by a duly authorized officer or employee of such company, partnership or firm.
Submission Format
Each tender package should comprise (1) Original and two (2) hardcopies of each document. Tenders MUST contain the following:
a. A cover letter dated and signed by a representative authorized to legally bind the
bidding firm. The cover letter should state an overall cost summary, including materials costs and the cost for labour. Additionally, the cover letter should state the Firm’s mailing address, email address, fax number and telephone number.
b. An Executive summary highlighting the proposed solution and its deployment as well as the main reasons the firm should be selected by NEDCO.
c. A Table of Contents for easy referencing.
d. Proper identification and tagging of each section of the tender document
e. A company profile and detailing the firm’s business, qualification and experience.
f. All pages of the tender document must be numbered sequentially.
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All tenders must be submitted in sealed envelopes addressed to:
CHAIRMAN OF THE TENDERS COMMITTEE RESPONSE TO INVITATION TO BID
THE CONSTRUCTION OF OFFICE SPACES at IBIS DIEGO MARTIN BRANCH”.
And deposited in the Tender Box located at:
National Entrepreneurship Development Company
38 New Street, Port-of-Spain
Trinidad, West Indies
1.8 REQUEST FOR PROPOSAL (RFP) SCHEDULE:
A schedule for the ITB process is presently as follows:
DETAILS DATE & TIME
RFP Enquiry Deadline February 13th, 2015
Submission Deadline for Proposal February 18th, 2015 at 4:00 pm
Tender Opening February 1 9th
, 2015 at 10: 00 am
Site Visit
To be held at 21-22 New Yalta, Diego Martin
February 9th , 2015 at 09:30am
I. Late Tenders: Late tenders will not be accepted.
II. Disclaimers:
NEDCO does not bind itself to accept the lowest or any tender. NEDCO also reserves the right to withdraw the Invitation to Bid at any time in the tendering process even though tenders may have been received as a result of the process. In such circumstances, NEDCO shall not be liable to any persons as a result thereof.
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III. Governing Law:
All applicable laws in the Republic of Trinidad and Tobago will apply to any resulting agreement.
Please note: Request for proposal schedule is subject to change at NEDCO’s discretion.
Contacting NEDCO managers or employees to discuss this Request for Proposal will disqualify your organization from this RFP process.
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2. INSTRUCTION TO BIDDERS.
2.1 Introduction
These Instructions to Bidders (“these Instructions”) relate to a Letter of Invitation (“the Invitation”), in which a prospective Bidder is invited to submit a Tender to National Entrepreneurship Development Company Limited. The Invitation, which (in the event of ambiguity) takes precedence over these Instructions, specifies:
(a) the company or joint venture, who/which is considered to be eligible as
described in Clause 2 of these Instructions and who/which is thus invited to submit a Tender;
(b) the person who is authorized to act for the Employer and to whom
requests for clarification may be sent as described in Clause 2.3 of these Instructions;
(c) Details of how to participate in the site visit by Bidders (or how to
obtain such details), if such a visit is being arranged under Clause 2.4 of these Instructions.
(d) the time by which Tenders are to be submitted in accordance with Clause 2.6 of these Instructions (the “Tender submission date”); and
(e) the time when Tenders are to be opened as described in Clause 2.7 of these
Instructions.
2.1.1 The Tender Documents, as issued to each Bidder in accordance with the Invitation, comprise:
i. A bound volume containing these Instructions, Experience
Performance Questionnaire and the Specification, Form of Tender and Schedule of Labour , Equipment and Materials that MUST be filled out.
ii. A copy of the Drawings for works to be done.
iii. A Post Qualification Questionnaire.
2.1.2 Words and expressions defined in the Conditions of Contract shall have the same meanings in these Instructions. These defined words include the “Employer” who takes over the completed Works. The word “Tender” means the set of Tender Documents which the Bidder has completed and submits to the Employer in accordance with these Instructions.
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2.1.3 The Bidder shall bear all costs incurred in the preparation and submission of the
Tender, including visits and other actions mentioned or implied in these Instructions.
2.1.4 The Employer will not be responsible or liable for such costs, regardless of the
conduct or outcome of the tendering process. The Employer reserves the right to accept or reject any tender , or to annul t h e t ender ing process and r e j e c t all Tenders, without incurring liability to any Bidder and without notifying any Bidder of the reasons for the Employer’s action.
2.1.5 Tender procedures are subject to the law of the country of the Employer.
2.2 Eligibility of the Bidder
2.2.1 This is an Open Invitiation.
2.2.2 Each Bidder shall notify the Employer, as soon as practicable, of any change in
the data submitted for the purpose of the qualification. Any significant change in
such data shall be deemed to invalidate the Bidder’s qualification, but the company or joint venture may request the Employer’s permission to reapply for qualification. If (at his sole discretion) the Employer grants such permission, the Bidder’s application for prequalification must be received by the Employer not less than 6 days before the Tender submission date specified in Clause 2.6 of these Instructions.
In these Instructions, the expression “joint venture” includes a consortium and any other unincorporated grouping of two or more legal entities. In order that such a joint venture of two or more legal entities is to be acceptable as eligible:
(a) these entities shall have nominated a leader with authority to bind the
joint venture and each of these entities; and this leader shall be authorized to incur liabilities and receive instructions for and on behalf of any and all these entities;
2.2.3 No such entity or sole Bidder shall participate in the preparation of another
Bidder’s Tender for the same Contract. If any entity is found to have participated in two or more Tenders, other than alternative Tenders from the same Bidder, all such Tenders will be rejected.
2.2.4 However, any entity may be proposed as a prospective subcontractor by more
than one Bidder in addition to being either a sole Bidder or a participant in one joint venture Bidder
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2.3 The Tender Documents
2.3.1 The Tender shall be responsive to the complete set of Tender Documents which comprise the documents listed in Clause 1 above and any Addenda to Tender Documents which may be issued as described in this Clause 2.3. The Bidder shall scrutinize each document immediately upon receiving it and shall promptly give notice to the Employer of any pages which appear to be missing.
2.3.2 The Bidder must carefully examine all Tender Documents. Failure to comply with
these instructions or with any other tendering requirements will be at the Bidder’s risk.
2.3.3 If the Bidder requires any clarification of the Tender Documents, he may give
notice to the Employer. The notice shall be written in the English language, and shall be sent to the address stated in the Invitation as soon as practicable.
2.3.4 The Employer shall respond to the notice by issuing (i) the text of the question or
request for clarification and (ii) the clarification from (or on behalf of) the Employer. This response shall be in writing and shall give no indication of the identity of the Bidder who requested clarification. These requests for clarification and responses shall be sent to all prospective Bidders who received the Tender Documents, but shall not constitute amendments to the Tender Documents. However, if a notice is received less than 3 days before the Tender submission date, there may be no response.
2.3.5 If amendments are to be made to the Tender Documents, arising from a
notice or otherwise, the Employer shall issue an Addendum to Tender Documents. Each Addendum to Tender Documents shall be sent to all prospective Bidders who received the Tender Documents, and shall be binding upon them. The Bidder shall promptly acknowledge receipt of each Addendum to Tender Documents by written notice to the Employer, and shall attach a copy to his Offer.
2.3.6 At any time, the Employer may similarly issue an Addendum to Tender
Documents which postpones the Tender submission date. In this event, all rights and obligations of the Employer and the Bidders previously related to the original date shall thereafter be subject to the amended date.
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2.4 Pre Tender Meeting and Site Visit
2.4.1 A Pre Tender meeting will be arranged for all prospective Bidders at which time all information relevant to the site will be made available including but not limited to feasibility studies, test results etc. Information requested by Tenders that is not immediately available will be issued as an addendum. Minutes of the meeting will be recorded and circulated to all present.
2.4. 2 The Bidder MUST visit and examine the Site and its surroundings, and must obtain for himself/herself on his/her own responsibility all information, which may be necessary for preparing the Tender and entering into a Contract. If a site visit is not conducted by the bidder he will be disqualified.
2.4.3 The Bidder and any of his personnel or agents will be granted conditional permission by the Employer to enter upon the Site. The permission shall be deemed to have been based upon the Bidder, his personnel and agents indemnifying the Employer and his personnel and agents from and against all liability and upon the Bidder being responsible for personal injury (whether fatal or otherwise), loss of or damage to property and any other loss, damage, costs and expenses (however caused) which would not have arisen other than due to the exercise of such permission.
2.4.4 If a joint site visit is to be arranged for all Bidders, details are given in the Invitation.
2.4.5 Such a joint visit is intended to supplement, and not to replace, the individual inspections carried out by each Bidder. The Employer accepts no responsibility for providing any indication of relevant aspects, or access to appropriate areas, which a competent Bidder may consider necessary for the preparation of a Tender.
2.4.6 The Employer shall not be bound by any oral representations, which may be made, whether by the Employer or its representative; and whether during a formal meeting or otherwise. In order to minimize the possibility of misunderstanding, Bidders should present any requests for clarification in writing. In accordance with Clause 2.3 of these Instructions, a record of the formal meeting, requests, clarifications and/or Addendum to Tender Documents shall be sent to all prospective Bidders who received the tender Documents.
2.5 Preparation of the Tender
2.5.1 The Tender and all communications between the Bidder and the Employer shall be typed or written in indelible ink in the English language, with a font size no smaller than 12 font and 8.5 × 11 inch paper must be used. Supporting documentation submitted by the Bidder may be in another language if he also submits an appropriate translation of all its relevant passages into English.
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2.5.2 The Tender Documents to be submitted by each Bidder shall comprise the bound
volume described in Clause 1 of these Instructions and the documents described in this Clause 2.5
2.5.3 The Tender Documents issued to the Bidder, including any amendments instructed
in an Addendum to Tender Documents, shall be used without further amendment.
2.5.4 The Bidder shall also submit the following supplementary information accompanying, but not forming part of, his Tender:
(a) information required under Sub Clause 2.1 and 2.3 of these Instructions, if
applicable to the Bidder;
(b) details of the arrangements and methods which the Bidder proposes to adopt
for the execution of the Works, in sufficient detail to demonstrate their adequacy to achieve the requirements of the Contract; and
(c) any proposals for subcontracting elements of the Works. The Bidder shall
price the whole of the Works, and submit a Tender, in accordance with the Tender Documents. A Tender which excludes part of the Works may be rejected as unresponsive.
2.5.5 The Bidder MUST submit, as part of this Tender,
(a) Experience and Performance Questionnaire
(b) A preliminary schedule of works which must be updated as required by
the Employer.
(c) An intended work methodology inclusive of literature (technical and
otherwise) of the products and processes intended to be used in the works. (d) Health and Safety Plan (e) Schedule of Labour, Equipment and Materials scheduled as attached in the
Tender documents. (f) Post Evaluation Questionnaire (g) Form of Tender (h) Resume of Key Personnel
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(i) each Addendum to Tender Documents under Sub Clause 2.5 and 2.6 of these Instructions, if any;
2.5.6 The schedule of materials, labour and equipment shall be fully priced, with a rate entered for each item. All rates and prices shall be entered in the same currency as that which is named in the Offer. If any item is not priced, there shall be no
payment for the work described in the item, which shall be deemed covered by other rates and/or prices.
2.5.8 The completed Tender shall not have any alterations or erasures, except any
which may be specified in an Addendum to Tender Documents issued under Clause 2.3 of these Instructions. However, if alterations are necessary to correct errors made by the Bidder, these corrections shall be endorsed with the signature of the person signing the Offer.
2.5.9 Only one Tender may be submitted by each Bidder, except for any alternative offers.
2.5.10 In addition to a compliant Tender, the Bidder may offer technical or other
alternatives to the requirements of the Tender Documents, which may include reasonable deviations or other proposals. Each alternative Tender shall include all information necessary for its complete evaluation by the Employer, including any relevant calculations, specifications, construction methods, timing implications, breakdowns of prices, and other relevant details. The Employer reserves the right to accept or reject alternative offers.
2.5.11 The Proponent must submit the following demonstrating expertise in construction
projects:
(a) Reference
At a minimum, the Firm shall provide the client’s name; contact information, the location where the construction projects were done.
(b) Financial
The Financial Proposal must include the Firm’s proposed fixed rates quoted in TT Dollars. Firms must quote prices that are inclusive and, in relation to Value Added Tax (VAT), must state where the VAT is applicable and shall show that amount separately.
2.6 Submission of the Tender
2.6.1 The Bidder shall prepare (1) original set and (2) copies of the documents comprising the Tender and any supp1ementary information, as described in Clause 2 . 6 of these Instructions. Each such set shall be submitted in an inner envelope within an outer envelope, with each document and each envelope being
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clearly marked “ORIGINAL” or “COPY” as appropriate. In the event of any discrepancy between them, the ORIGINAL shall prevail.
2.6.2 The original and copies of the Tender shall be signed (after copying) by a
person or persons duly authorized to bind the Bidder. Proof of authorization, in the form of a written power of attorney, shall be annexed to the Offer.
2.6.3 The inner and outer envelopes shall be addressed:
“CHAIRMAN OF THE TENDERS
COMMITTEE”
RESPONSE TO REQUEST FOR PROPOSAL FOR
THE CONSTRUCTION OF OFFICE SPACES
AT IBIS DIEGO MARTIN BRANCH”. and deposited in the Tender Box located at:
National Entrepreneurship Development Company
38 New Street, Port-of-Spain
Trinidad, West Indies
2.6.4 The inner envelopes shall indicate the name and address of the Bidder to enable the Tender to be returned unopened in the event of it being declared “late”. The outer envelopes shall give no indication of the Bidder.
2.6.5 If a Tender is misplaced or opened prematurely because an envelope was not
sealed and marked as instructed above, the Employer shall not be responsible and the Tender may be rejected.
2.6.6 The original and copies of the Tender must be delivered to the address specified
above no later than the time, on the Tender submission date, stated in the Invitation. Tenders received by the Employer thereafter will be returned unopened.
The Bidder may modify or withdraw his Tender after submitting it, if the modification or notice of withdrawal is received in writing before such prescribed time for submission of Tenders but not thereafter. The Bidder’s modification or notice of withdrawal shall be prepared, sealed, marked and delivered in accordance with the provisions of this Clause 2.6, with the inner and outer envelopes additionally marked “MODIFICATION” or “WITHDRAWAL”, as appropriate. In particular, the modification or notice of withdrawal shall be signed by a person or persons duly authorized to bind the Bidder, and proof of authorization shall be annexed.
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2.6.7 A Tender submitted other than as described in this Clause 2 . 6 may be
rejected by the Employer and returned to the Bidder.
2.6.8 The Tender shall remain valid and open for acceptance for the period of [120] days from the Tender submission date. Prior to this expiry date, the Employer may by written notice request the Bidder to extend the validity period. The Bidder may refuse the request, but shall not modify his Tender other than by extending its validity.
2.7 Tender Opening
2.7. 1 Tenders and other submissions, which are in accordance with Clause 2 .6 of these Instructions, will be opened at the date and time stated in the Invitation in the presence of Bidders’ representatives who choose to attend at the address stated in Clause 2.3 of these Instructions.
2.7.2 Bidders’ representatives at this opening shall sign an attendance register.
2.7.3 Tenders for which the Employer has received a valid notice of withdrawal in
accordance with Clause 2.6 of these Instructions shall not be opened.
2.7.4 The Employer will examine Tenders to determine whether they appear to be
complete, properly signed, and generally in order. For each Tender, the Employer will announce the name of the Bidder, the sum offered, any apparent reservations or alternative offers stated therein, and such other details as the Employer may consider appropriate.
2.7.5 After this Tender opening, information relating to the processes of examination, clarification, evaluation and comparison of Tenders and the award of a contract shall not be disclosed, other than to those officially concerned with such processes. Any effort by a Bidder to influence the Employer in these processes may result in the rejection of the Bidder’s Tender.
2.8 Tender Evaluation
2.8. 1 Prior to the detailed evaluation of Tenders, the Employer will determine whether each Tender is substantially responsive to the requirements of the Tender Documents.
2.8.2 If a Tender is not substantially responsive to the requirements of the Tender
Documents, it will be rejected by the Employer.
2.8.3 The Employer will only evaluate and compare the Tenders which have been
determined to be substantially responsive to the requirements of the Tender Documents. Responsive Tenders will first be checked by the Employer for any arithmetic errors in computation and summation, and any errors will be corrected
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as follows:
(a) The amount entered in the Offer may be considered acceptable without any of the corrections and adjustments described in these sub-paragraphs. If there is any discrepancy between amounts in figures and in words, the amount in words will take precedence.
(b) If there is a substantial discrepancy between a stated amount and the
correct amount calculated by multiplying the stated unit rate by the quantity, and the rate seems to have been stated in error (inconsistent with the Bidder’s likely intentions), the stated unit rate shall be amended and the stated amount will be binding.
(d) If there is a discrepancy between a stated amount and the correct amount
calculated by multiplying the stated unit rate by the quantity, and either the discrepancy is not substantial or it is reasonable to assume that the stated rate is consistent with the Bidder’s intentions, the stated unit rate will be binding and the stated amount shall be amended.
(e) For lump sum items, the stated amounts will be binding (“unit” rates will be
disregarded).
(f) No discount will be considered unless the discount is carried to the Offer.
2.8.4 For the purpose of evaluating Tenders, the Employer will determine for each
Tender the Evaluated Tender Amount as follows:
(a) by making any correction for errors as described above; and
(b) by making an appropriate adjustment for any acceptable-variations, deviations, discounts or other alternative offers not reflected in the submitted amount or these corrections.
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2.8.5 The evaluation of the Tenders shall be based upon the principles outlined in the Evaluation Criteria annexed to these Instructions. Unless specifically stated, no criterion will take precedence over any other criteria, and Tender evaluation shall be based on an overall consideration.
2.8.6 To assist in the examination, evaluation and comparison of Tenders, the Employer
may ask any Bidder for clarification of his Tender, including breakdowns of unit rates and lump sum prices. The request for clarification and the response shall be in writing. No change in the price or substance of the Tender shall be sought, offered or permitted except as required to confirm the correction of arithmetic errors discovered by the Employer during the evaluation of the Tenders.
2.8.7 The criteria and weights for evaluation shall be as follows:
EVALUATION CRITERIA WEIGHT
The experience and knowledge of contractors’ key personnel on the project 20
Track record of contractor with respect to similar project
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Health ,Safety, Security and Environmental Plan 10
Tools and equipment 5
Delivery Time 5
Cost and Financial Capacity 35
TOTAL 100
2.9. Award of the Contract and Post Tender Negotiations
2.9. 1 The Employer intends;
(i) to award the Contract to the Bidder who appears to have the capability, capacity and resources to carry out the Contract effectively, whose Tender has been determined to be responsive to the Tender Documents and who has offered (all taken into consideration) the most favorable Tender; or (ii) to reject non-compliant Tenders and accept an alternative Tender. The Employer reserves his right to reject any or all Tenders.
2.9.2 If the Employer considers it necessary, prior to signing the Acceptance, he may
request the preferred Bidder to clarify or supplement the Tender which the Bidder
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has submitted. Such requests and detailing shall be given in writing or at joint discussions with minutes prepared by the Employer.
Thereafter, the Employer may seek the Bidder’s agreement to a Memorandum of Under- standing recording the outcome of their joint discussions of the Tender. This Memorandum of Understanding will constitute the agreed basis upon which a contract could be concluded, and or may include clarification of any alternative proposals which the Bidder may have submitted. This Memorandum of Understanding (if any)
(i) Shall be binding on the Bidder as an acceptable clarification and/or
amendment of his Tender until its validity expires,
(ii) shall be wholly subject to a subsequent contract agreement, and
(iii) shall not bind the Employer nor commit him to entering into any contract
under any terms.
2.9.3 After signing the Agreement, the Employer will promptly notify the other
Bidders that their Tenders have been unsuccessful, unless he had already done so.
2.9.4 No offer, payment, consideration, or benefit of any kind, which constitutes illegal or corrupt practices, shall be made, either directly or indirectly, as an inducement or reward in relation to:
(a) the tendering,
(b) the award of the contract,
or
(c) the execution of the contract.
Any such practice will be grounds for the immediate cancellation of the Contract and for such additional actions (civil and/or criminal) as may be appropriate.
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3. SCOPE OF WORKS
Scope of Works for the Construction of Cubicles and Offices for
IBIS Diego Martin
Ground Floor
• To construct a change room with gypsum wall 7ft high × 18ft.8 (inches) long with
panel door.
• To construct 5 client units as identified on drawing as client unit 1, 2,3,4,5 each
with a glass and gypsum frontage of 42(inches) gypsum and 42(inches) glass
(tinted) each separated by gypsum wall of 7ft high. A Glass door 36(inches) ×
80(inches) to be installed in each unit.
• Units 1,2,3, width 18ft.8(inches), units 4 & 5 width 15ft.1(inch)
• To construct client unit #6 with gypsum and glass frontage of 42(inches) gypsum
and 42(inches) glass (tinted) a width of 18ft.6(inches) also a sidewall of gypsum 7ft
H × 6ft.2(inches) wide with a glass door tinted 36(inches) × 80(inches)
• To construct client unit #7 with a 15ft gypsum and glass frontage 42(inches)
gypsum and 42(inches) glass high by 10ft.7(inches) wide enclosed by 2 gypsum
walls 7ft high with a glass door tinted 36(inches) × 80(inches)
• To construct client unit #8 & # 10 with gypsum and glass frontage of 42(inches)
gypsum and 42(inches) glass high, separated by a gypsum wall of 7ft high with a
glass door of 36(inches) × 80(inches)
• These units are 11ft.9(inches) × 9ft.6(inches)
• To construct client units #9 & #11 14ft.5(inches) ×9ft using gypsum and glass
frontage 42(inches) gypsum and 42(inches) glass separated by a gypsum wall 7ft
high. Each unit to have a glass door installed.
• To construct 4 client unit kiosk as identified on drawing as #1, 2, 3, 4 each at
42(inches) gypsum with a 36(inches) space for entry and exit. Each unit will be
approximately 8ft.5(inches) × 9ft.4(inches)
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• All offices and cubicles are to be painted using two coats of paint. Colour to be
chosen by client.
• To ensure there are two electrical outlets in each cubicle, office, kiosk including the
existing outlets.
• To install black or grey rubber skirting for each wall.
First Floor
• To construct a Printing Room measuring 20ft × 9ft using gypsum walls to the ceiling
and to install a panel door
• To construct a filing / storeroom measuring 20ft × 9ft using gypsum wall to the
ceiling and to install a panel door.
• To construct a conference room using gypsum walls to the ceiling measuring 19 ¼
ft × 15ft and to install two glass doors (tinted)
• To construct a kitchen and common room using gypsum walls to the ceiling
measuring 19 ¼ ft × 18ft
• To construct two enclosed offices marked A & B each measuring 15ft.6 (inches) ×
11ft and to be separated by gypsum wall up to 7ft high. To use gypsum and glass
for the frontage 42(inches) gypsum × 42(inches) glass with each having a tinted
glass door 36(inches) × 80(inches)
• To construct another enclosed office marked C on the drawing measuring 15ft ×
13ft using frontage of gypsum and glass measuring 42(inches) gypsum × 42(inches)
glass. To separate the office from the bathroom, using a gypsum wall to the ceiling.
• All offices and cubicles are to be painted using two coats of paint. Colour to be
chosen by client.
• To ensure there are two electrical outlets in each cubicle including existing outlets.
• To install black or grey rubber skirting for each wall.
• To give stipulated time for the completion of works.
• To state terms and conditions for undertaking project.
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1. FORM OF CONTRACT TRINIDAD AND TOBAGO
THIS AGREEMENT is made in duplicate this ___ day of ________ , 2015, between
NATIONAL ENTREPRENEURSHIP DEVELOPMENT COMPANY LIMITED (hereinafter
referred to as NEDCO) a company registered under the Company Act 1995 of the Laws of the
Republic of Trinidad and Tobago which has its registered office at 38 New Street, Port of Spain (in
this Agreement called “the Client”) of the One Part and ____________________________, a
company duly incorporated under the Companies Act 1995 of the Laws of the Republic of Trinidad
and Tobago with its registered office situate at _______________________________, (in this
Agreement called “the Contractor” which expression shall include its successors or assigns) of the
Other part.
WHEREAS
(a) NEDCO by Tender Notice dated _____________, 2015 and hereto Annexed and
marked “Appendix A” invited Tenders on for the provision of construction of office
spaces at NEDCO in accordance with the Instructions for Tender Documents hereto
annexed and marked “Appendix B” (in this Agreement called “the Services”);
(b) The Contractor is a qualified and competent firm in the line of business required and by
Tender proposal dated ______________, 2015 hereto annexed and marked “Appendix
C” did make certain technical and financial proposals as requested by the Client;
(c) After the due consideration on the Tender proposals asked for and received in
accordance with paragraph (a) above, the Client did accept the proposals submitted by
the Contractor by Letter of Award dated _______________, 2015 and hereto annexed
and marked “Appendix D”,
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(d) In consideration of this provision of the Services by the Contractor in accordance with
the terms and conditions of this Agreement the Contractor shall pay ten percent (10%)
of the value of the contract within fourteen (14) days of the notification of the award, as
a guarantee for the proper performance of the contract. This deposit/bond will be
released on satisfactory completion of the contract.
(e) Prior to the execution of this Agreement the Contractor did visit and conduct a Site
Environmental Survey so as to examine the site for the performance of the services and
satisfied itself as to the requirements of same and as to where and in what manner the
labour and equipment required for the services and as to all matters which might have
influenced it in making its said Tender and made every allowance it considered
reasonable in its own professional judgment and in view of its own information;
(f) Copies of the Tender notice, Tender Documents and Tender are all hereto annexed and
have been signed by both the Client and the Contractor for the purpose of identifying
them as same which together with these presents are descriptive of the nature of the
supply and provision of the Services;
(g) The Client desires and the Contractor has agreed to perform the Services for the agreed
upon period upon the consideration, terms and conditions contained in this Agreement.
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THE PARTIES HEREBY AGREE as follows:
1. The following Schedule and Appendices shall be deemed to form and be read and
constructed
as an integral part of this Agreement:
(a) Schedule One - Conditions of Contract
(b) Appendix A - Tender Notice dated ___________ 2015
(c) Appendix B - Instructions to Tender
(d) Appendix C - Tender Document
(e) Appendix D - Letter of Award
(f) Appendix E - Scope of Works
(g) Appendix F - Tender Form
Should there be any conflict between this Agreement and any other document listed hereinafter, this
Agreement will take precedence. Where such conflict arises out of written modifications of this
Agreement by the Parties as provided by Clause 2.4 Schedule One: Conditions of Contract, of this
Agreement, such modification will take precedence as regards the issue of matter which it sought to
modify.
2. In consideration of this provision of the Services by the Contractor in accordance with the
terms and conditions of this Agreement and upon the full and final satisfaction of the Client,
the Client shall pay the Contractor the Contract Sum of ________________________
inclusive of Value Added Tax of for the successful completion of the Services in
accordance with the terms and conditions of this Agreement. Additionally the contractor
will be charged 2% of the total contract sum per day for each day after the expiration of the
agreed _________ day completion period which shall not exceed a maximum of 20% of the
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final contract price; except in the circumstances as set out in clause 2.5 in the Conditions of
the Contract.
3. The Contractor for and on behalf of itself and the Client, covenant that they will both
respectively perform all obligations and observe all provisions as required of them either
jointly and severally under this Agreement.
4. The Contractor shall remedy all defects in workmanship that is brought to its attention,
whether formally stated or not, within 180 days following the completion of these services.
All expenses incidental to such remedial work shall be borne solely by the Contractor and in
any event shall not exceed seven (7) days in order to remedy same. In the event of a dispute
with respect to the workmanship of the Services in this clause, the Parties shall agree a
reputable construction professional with no less than ten (10) years’ experience in the sector
to assess the work and whose decision on the workmanship of the Services shall be binding
on the Parties.
5. The rights and obligations of the Client and the Contractor shall be as set forth in this
Agreement, and at all times:
(a) The Contractor shall carry out the Services in accordance with all the provisions of this
Agreement, its Schedules and Appendices; and
(b) The Client shall make payments to the Contractor in accordance with the provisions of
this Agreement.
6. This Agreement supersedes all prior agreements, arrangements and understandings between
the Parties and constitutes the entire agreement between the Parties as it relates to the
subject matter hereof.
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IN WITNESS OF WHICH the Client and the Contractor have set their hand this ____ day of
__________ 2014 and has caused its Stamp to be affixed hereunder this __ day of ________ 2015.
Signed by ) Chief Executive Officer for and on behalf of ) National Entrepreneurship Development ) Company Limited )
In the presence of
Signed by __________________ )
Managing Director for and on behalf of )
___________________________ )
In the presence of:
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SCHEDULE ONE
CONDITIONS OF CONTRACT
1. General and Administrative Provisions
1.1 Definitions
In this Agreement, unless the context otherwise requires, the following terms shall have the
meanings respectively assigned to them:
“Agreement” means this Agreement between the Client and the
Contractor including all specifications, Schedules
and Appendixes referred to in this Agreement
which may be or are agreed by the Parties to form
an integral part of this Agreement;
“Contract Sum” means that total sum for the provision of the
Services as set out in this Agreement and in
Accordance with the terms and Conditions herein;
“Location” means wherein the Services are to be performed by the
Contractor,
that is __________ located at _____________________
“Party” means the Client or the Contractor, as the case may
be and “Parties” means both of them:
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“Personnel” means persons hired and assigned for performance of
the Services or any part thereof as employees/agents by the
Contractor;
“Services” means those services which as required of the Contractor
by the Client in accordance with this Agreement and in particular
as
detailed in the tender proposal for the provision of Construction
services.
1.2 Governing Law
This Agreement, its meaning, construction and interpretation, and the relations between the Parties
as regard this Agreement shall be governed by the Laws of Trinidad and Tobago.
1.3 Notices
Any notice, request or consent made pursuant to this Agreement shall be in writing and shall be
deemed to have been made when delivered in person to an authorized representative of the Party to
whom the communication is addressed, or when sent by registered mail or facsimile to such Party at
the following addresses which may be changed by notice:
For the Client
Chief Executive Officer
NEDCO
38 New Street
Port of Spain
Tel: (868) 821-5800
Facsimile (868) 623 – 6106
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For the Contractor ________________
Managing Director
__________________________________
____________________________________
Tel:______________
Facsimile: _______________
1.4 Waiver
Failure or neglect by either Party to enforce at any time any of the provision of this
Agreement shall not be constructed nor shall be deemed to be a waiver of that Party’s rights nor in
any way affect the validity of the whole or any part of this Agreement nor prejudice either Party’s
rights to take subsequent action.
1.5 Assignment
The Contractor shall be solely and principally liable for the satisfactory completion of the Services
and Covenants herein and shall not assign/delegate this obligation.
1.6 Entire Agreement
This Agreement supersedes any arrangement, understandings, promises or agreements made or
existing between the Parties prior to this Agreement and constitutes the entire understanding
between the Parties. Except as otherwise provided in this Agreement, no addition amendment to or
modification of this Agreement shall be effective unless it is in writing and signed by both Parties.
1.7 Severability
In the event that any provision or part thereof the terms conditions or provisions contained in this
Agreement are determined by any competent authority to be invalid, unlawful or unenforceable to
any extent, such term, condition or provision shall to that extent be severed from the remaining
terms and conditions which shall continue to be valid and enforceable to the fullest that is permitted
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by law.
1.8 Headings
The headings in this Agreement are inserted for convenience of reference only and not intended to
be part of or to affect the meaning, construction or interpretation of this Agreement.
1.9 Authorized Representatives
Any action required or permitted to be taken, and any document required or permitted to be
executed under this Agreement, many be taken or executed:
i) on behalf of the Client by the Chief Executive Officer, or his designated
representative.
ii) on behalf of the Contractor by Managing Director or his designated
representative.
1.10 Taxes and Duties
The Contractor shall be responsible for any and all taxes, duties, fees, levies and other impositions
imposed under the Applicable Law on the Contractor in respect of this Agreement.
2. Commencement, Duration, Completion, Modification and Termination of
Agreement
2.1 Commencement and Duration of Agreement
This Agreement comes into effect on __________ and shall continue in force for a period of
___________ until the completion of the Services or otherwise Terminated in accordance with this
Agreement.
2.2 Commencement of Services
The Contractor shall begin carrying out the Services no later than _____________ 2015 or on such
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other date as the Parties may agree in writing.
2.3 Expiration of Agreement
Unless terminated earlier pursuant to Clause 2.6 herein, this Agreement shall terminate when the
Services have been completed and the payments of remuneration have been made in accordance
with this Agreement.
2.4 Modification
Modification of the terms and conditions of this Agreement, including any modification of the
Services or the Contract Price may only be made by written agreement between the Parties.
2.5 Force Majeure
2.5.1 Definition
(a) For the purposes of this Agreement, “Force Majeure” means an event which is
beyond the reasonable control of any party to this Agreement, and which makes
the performance of the obligations of this Agreement impossible or so
impractical as reasonably to be considered impossible in the circumstances, and
includes, but is not limited to war, riots, civil disorder, earthquake, fire,
explosion, storm, flood or other adverse weather conditions, strikes, lockouts or
other industrial action (except where such strikes, lockouts or other industrial
action are within the power of the Party invoking Force Majeure to prevent),
confiscation or any other action by government agencies.
(b) Force Majeure shall not include:
(i) any even which is caused by the negligence or intentional action of a Party:
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(ii) any event which a diligent Party could reasonable have been expected to both:
(a) take into account at the time of the conclusion of this Agreement and;
(b) avoid or overcome in the carrying out of its obligations hereunder,
(iii) any insufficiency of funds or failure to make any payment required herein.
2.5.2 No breach of Agreement
The failure of a Party to fulfill any of its obligations herein shall not be considered to be a breach of,
or default under, this Agreement insofar as such inability arises from an event of Force Majeure,
provided that the Party affected by such an event has taken all reasonable precautions, due care and
reasonable alternative measures in order to carry out the terms and conditions of this Agreement,
and has informed the other Party as soon as possible about the occurrence of such an event.
2.5.3 Extension of Time
Any period within which a Party shall, pursuant to this Agreement, complete any action or task,
shall be extended for a period equal to the time during which such Party was unable to perform such
action as a result of Force Majeure.
2.5.4 Payments
During the period of their inability to perform the Service as a result of an event of Force Majeure,
payments to the Contractor except those outstanding prior to the occurrence of the event of Force
Majeure, shall be suspended.
2.6 Termination
2.6.1 By the Client
Without prejudice to any other rights and remedies that the client may possess, the Client may
terminate this Agreement immediately after the occurrence of any of the events specified in
paragraphs (a) and (b) of this Clause 2.6.1 and by not less than fourteen (14) days written notice of
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termination to the Contractor after an even referred to in (c) and (d):
(a) if the Contractor does not remedy a failure in the performance of their
obligations under the Agreement within five (5) days after being notified or
within such further period as the Client may have subsequently approved in
writing;
(b) if the Contractor becomes insolvent or bankrupt or enters into any agreement
with their creditors for relief of debt or take advantage of any law for the
benefit of debtors or go into liquidation of receivership whether compulsory or
voluntary;
(c) it, as the result of Force Majeure, the Contractor is unable to perform a material
portion of the Services for a period of not less than seven (7) days; or
(d) if the Client, in its sole discretion, decides to terminate this Agreement.
2.6.2 By the Contractor
Without prejudice to any other rights or remedies that the Contractor may possess, the Contractor
may terminate this Agreement by not less than fourteen (14) days written notice to the Client, such
notice to be given after the occurrence of any of the events specified in paragraphs (a) and (b) of this
Clause 2.6.2:
(a) if the Client fails to pay any money due to the contractor pursuant to this
Agreement and not subject to dispute pursuant to Clause 3 herein within thirty
(30) days after receiving written notice from the Contractor that such payment
is overdue;
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(b) if as a result of Force Majeure, the Contractor is unable to perform a material
portion of the Services for a period of not less than seven (7) days.
2.6.3 Payment upon Termination
Upon termination of this Agreement pursuant to Clause 2.6.1 or 2.6.2 herein, the Client shall make
the following payments to the Contractor;
(a) remuneration pursuant to Clause 4 herein for Services performed to the
satisfaction of the Client, prior to the effective date of termination;
(b) except in the case of termination pursuant to paragraphs (a) and (b) of
Clause 2.6.1 herein, reimbursement of any reasonable cost incidental to
the prompt and orderly termination of the Agreement.
3. Settlement of Disputes
3.1 Amicable Settlement
The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection
with this Agreement or the interpretation or construction thereof.
3.2 Dispute Settlement
Any dispute, difference, controversy or claim between the Parties as to matters arising out of or in
connection with this Agreement, that cannot be settled amicably within sixty (60) days, after receipt
by one Party of the other Party’s request for such amicable settlement, may be submitted by either
Party for settlement by arbitration. Arbitration proceedings shall be conducted in accordance with
the Arbitration Act of Trinidad and Tobago, Chapter 5, No. 1 or any modifications, thereof.
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3.3 Miscellaneous
In any arbitration:
(a) proceedings shall, unless otherwise agreed by the Parties, be held in the Republic
of Trinidad and Tobago;
(b) the English language shall be the official language for all purposes; and
(c) the decision of the sole shall be final and binding and shall be enforceable in any
court of competent jurisdiction, and the Parties hereby waive any objections to or
claims of immunity in respect of such enforcement.
4. Payments to the Contractor
4.1 Consideration
The Contractor acknowledges that the total consideration for this Agreement shall not exceed the
agreed Contract Sum of ____________ which is inclusive of Value Added Tax. The contract Sum
may only be increased above the amounts stated if the Parties have agreed to additional Services and
payments in accordance with Clause 2.4.
4.2 Terms and Conditions of Payment
4.2.1 Invoicing
An invoice shall be submitted within five (5) days of the completion of the Services by the
Contractor.
4.2.2 Timing of Payment
Payment shall be made within thirty (30) days of the date of receipt of invoice from the Contractor,
save and except where another payment period is stated herein or agreed to by the Parties.
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5. Indemnification
The Contractor shall indemnify the Client from and against suits, claims, and demands arising either
directly or indirectly out of any negligent act, error or omission in the course of the performance of
the Services by the Contractor, its employees, agents, servants and authorized representatives.
6. Obligations of the Contractor
6.1 The Contractor shall ensure that:
(a) it shall perform the required Services in a good and workmanlike manner provided
that all work performed shall be carried out to the satisfaction of the Chief
Executive Officer or any other officer designated by him;
(b) any Services provided by the Contractor shall be carried out in such a manner as to
cause the minimum of inconvenience and disruption to the users of the said
facilities;
(c) that it shall provide competent personnel to carry out the required Services;
(d) that at all times to enforce strict discipline and good order among its
employees/agents;
(e) to immediately replace any of its personnel whose presence is regarded by the
Client as undesirable or detrimental to stability and/or good order at the said
Locations;
(f) to be responsible for any losses suffered by the Client as a result of the dishonest,
fraudulent or negligent acts of the Contractor, its employees or its agents;
(g) all personnel are instructed that all activities, occurrences, information or other
situation are to viewed in the strictest of confidences and no information regarding
such shall be divulged unless as a matter of law it is so necessary to do;
34
(h) that the Contractor shall not assign in whole or in part any of its obligations under
this Agreement without the prior written consent of the Client provided that such
consent shall not be unreasonably withheld and provided further that such consent
shall not relieve the Contractor of any liabilities or obligations under the terms of
Agreement;
(i) at all times to conform to the provisions of the Minimum Wage Act Chapter 88:04
and the Occupational Safety and Health Act 2004 or modifications or re-enactment
thereof together with any other relevant laws of the Republic of Trinidad and
Tobago.
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APPENDIX 1
[Note: with the exception of the items for which the Employer's requirements have been inserted, the following information must be completed before the Tender is submitted]
Item Data Employer's name and address NEDCO 38 New Street Port of Spain Contractor's name and address __________________ __________________ Time for Completion of the Works - __days Defects Notification Period - ___days Governing Law - Trinidad and Tobago Ruling language - English Language for communications - English Normal working hours - Monday to Saturday 7am to 5pm Delay damages for the Works - 2 % of the final Contract Price per day, in the currencies and proportions in which the Contract Price is payable Maximum amount of delay damages - 20 % of the final Contract Price Initials of signatory of Tender Currency/currencies of payment - -as named in the Letters of Tender Periods for submission of insurance: (a) evidence of insurance - - to be submitted within 7 Days (b) relevant policies - - to be submitted within 7 Days
36
.FORM OF TENDER (NOTE: THE APPENDIX HEREIN FORMS PART OF THE TENDER) Tender of: ............................................................................................................................... ............................................................................................................................... For the Works:
To:
CHAIRMAN OF THE TENDERS COMMITTEE
THE CONSTRUCTION OF OFFICE SPACES AT IBIS DIEGO MARTIN
BRANCH
National Entrepreneurship Development Company (NEDCO)
#38 New Street, Port of Spain,
Trinidad and Tobago Sir/Madam, 1. Having examined the Tender Document including the Condition of Contract issued
by the National Entrepreneurship Development Company Limited (NEDCO) and having also visited the site, we do hereby, offer to execute and complete the whole of the said works described and referred to therein for the sum of:
……………………………………………………………………………………………………………………………………………………………………………………………… Trinidad and Tobago Dollars (TT$..................................) inclusive of VAT.
2 We agree to do any extra work, which may be ordered by the company, and to accept full compensation therefore at such prices as may be agreed upon in writing by the company and us.
3 I / We agree to hand over the work duly completed to the entire satisfaction of the
National Entrepreneurship Development Company Limited (NEDCO) within a period of …………………….. weeks calculated from the date on which possession of the site is given.
4 Unless and until the Agreement is prepared and executed, this Tender together with your written “Notice of Award of Contract” hereof, shall constitute a binding Contract between us and the Employer, the rights and obligations provided for in the Contract shall become effective and binding upon its acceptance by the Employer.
5 This Tender is submitted without collusion and communication with any other Bidder. We have exercised our own judgment regarding the information required to prepare
The Construction of Office Spaces at IBIS Diego Martin Branch
37
and submit this Tender and have utilized all the data, which we believe pertinent from the, Employer and other sources in arriving at our conclusions.
6 We agree to abide by this Tender for a period of ninety (90) calendar days from the date fixed for receiving the same, and it shall remain binding upon us and may be accepted at any time before expiration of that period.
7 We understand that you are not bound to accept the lowest or any Tender you may receive.
We are,
Sir/Madam,
Yours faithfully,
……………………………………………………… (Signature of Bidder)*
……………………………………………………… (Name of Signatory)
Block Letters
……………………………………………………… (Name of Company)
……………………………………………………… (Address in full)
*Note : In case of a Tender by a Firm or Company, the signature of a person fully authorized by the Firm or Company to sign on behalf of the Firm or Company.
38
Experience and Performance Questionnaire
1. Full Name of Company:
………………………………………………………………………………….
2. Head Office Address: …………………………………………………..
…………………………………………………..
…………………………………………………..
3. Branch Office Address: …………………………………………………..
…………………………………………………..
4. Country in which Company is Registered: ………………………………….. (Provide supporting documentation)
5. Number of years your organization has been in business under the present name:
………………………….
6. Number of Employees: …………………………………………………..
7. Number of Years Experience: (a) As a Prime Contractor: …………………
(b) As a Sub-Contractor: …………………...
8. Financial Standing:
8.1 Provide evidence separately with this submission of adequacy of
working capital for executing the project e.g. access to line of credit, cash in bank, availability of other financial resources etc.
8.2 Give authority to seek references from your bankers. YES/NO.
8.3 Name, Address, Telephone and Fax Numbers of Bank:
………………………………………………………………………………
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………………………………………………………………………………
9. Please submit copies of VAT, BIR and NIS Compliance Certificates
10. Detail below, the project qualification and experience of the principal individuals of your organization, together with the qualification and experience the key technical personnel proposed for the project; additional pages with the same format may be attached if necessary.
Individual’s
Name
Present
Position
Construction Experience
Years
Organisation
Contract Value
Position Held
11. Has your organisation ever failed to complete any contract awarded to you?
YES/NO ……….. If yes, give details.
12. Give below or if necessary on a separate attachment, details regarding any
litigation, current or during the last five years in which you are or have been involved.
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
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13. List below contracts of a similar nature your organisation has underway or completed in the last five years; additional pages with the same format may be attached if necessary
NAME, BRIEF DESCRIPTION ……………………………………………… LOCATION OF PROJECT: ……………………………………………….
……………………………………………….
……………………………………………….
……………………………………………….
OWNER’S NAME, ADDRESS ………………………………………………… PHONE AND FAX NUMBERS. …………………………………………………
…………………………………………………
…………………………………………………
…………………………………………………
CONSULTING ENGINEER ………………………………………………… NAME, ADDRESS, PHONE ………………………………………………… AND FAX NUMBERS …………………………………………………
…………………………………………………
…………………………………………………
APPROXIMATE VALUE
OF CONTRACT: TT$…………………….% COMPLETE……. SCHEDULED COMPLETION DATE: …………………………………………..
SCHEDULE OF LABOUR MATERIAL AND EQUIPMENT
You are asked to complete the following. This will form part of the Tender.
Item Description Unit Qty Rate Amount
N. DAYWORKS
Labour
Foreman hr
General labourer hr
Painter hr
Electrician hr
Carpenter hr
Plumber hr
Mason hr
Sub-Total
Equipment
Sub-Total
Materials
Sub-Total
TOTAL