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MINISTRY OF INFRASTRUCTURE, HOUSING AND
PLANNING
Public Works Department South Base Grand Turk Tel. (649) 338-2510
Turks & Caicos Islands Fax. (649) 946-2900
British West Indies
December 29th 2015
Tender Notice
The Permanent Secretary of the Ministry of Infrastructure, Housing and Planning invites
further open tenders from contractors with a valid contractor license for the project:
FRAMEWORK AGREEMENT FOR CONSULTANCY SERVICES FOR TCIG
CAPITAL PROJECTS
Tender Reference Number TR 15/5
In particular Tenders are sought from Architectural companies and should be in
possession of a valid business license or receipt of payment for same in this category.
Further information and tender documents are available upon request in electronic format
from Norman A Watts at email address [email protected] . Documents could also be
uplifted from the PWD office in Grand Turk and Providenciales as well as District
Commissioner’s Office in the family islands or from the Turks and Caicos Islands
Government’s website at http://www.gov.tc.
Tenders are to be submitted by 9am on Tuesday 26 January, 2016, to the Secretary to
the Procurement Board.
TENDER FOR FRAMEWORK AGREEMENT FOR CONSULTANCY FOR TCIG
CAPITAL PROJECTS
Instructions to Tenderers
Tender Reference Number TR 15/5
Contract Number PWD 15/6C
1. Tenders are invited from Consultants for the purpose of inclusion in a Framework
Agreement of Consultants for the Turks and Caicos Islands Government according
to the tender document provided. This is an open tender for all suitably qualified
Consultants.
2. The full set of Tender Documents will consist of the following.
a. Tender Notice
b. Instructions to Tenderers
c. FIDIC White Book Contract Dated 1998
d. Particular Conditions of Contract
e. Certificate of Non Collusion
f. Form 1 - Specific Experience
g. Form 1 - Annex A - Charge out rates for Consultancy Tender
h. Evaluation Criteria
i. Tender Envelope Label
3. Submitted Tenders must be enclosed in a sealed envelope, which must be clearly
marked: Tender for: FRAMEWORK AGREEMENT FOR CONSULTANCY
FOR TCIG CAPITAL PROJECTS
and to be addressed to:
Secretary to the Procurement Board
Central Purchasing Unit
White Sands Road
Grand Turk
Turks & Caicos Islands
Note: A label is provided for the envelope; he sealed envelope should not carry any
identification mark indicating the sender of the envelope. This may result in
immediate disqualification.
Tenders must be received at the above address on or before 9am Turks &
Caicos Islands time on Tuesday 26 January 2016. Tenders will be opened
publicly on that date immediately after the closing of the Tender at the
Procurement Board meeting.
It is the Tenderer's responsibility to ensure that Tenders are received on or before
the time stated for closing of Tenders. Tenders received after the stated time of
receipt of Tenders may be returned unopened.
4. The Tender Package submitted should consist of five hard copies and one electronic
copy (in Microsoft Word or Excel as appropriate) on CD, memory stick or any
other appropriate media and must include the following documents:
(a) A signed copy of the attached Non Collusion Certificate. (Note that
Tenders cannot be considered further if this certificate is not
completed properly and signed by the Company’s authorizing
officer).
(b) Copy of Bank Letter no older than 6 months as evidence of good financial
standing.
(c) Copy of letter from NHIB confirming that payments are up to date.
(d) Copy of letter from NIB confirming that all payments are up to date.
(e) Business Category of Company and a copy of a valid 2015-2016 Business
License or receipt of payment for same. (If more than one include all.)
(f) Copy of Certificate of Good Standing (if a Limited Company) or copy of
Certificate of Registration (for other entities).
(g) Copy of Certificate of Company Insurance.
(h) Declaration that the entity or any of its Principals or Directors have no conflict
of interest within this tender
(i) Declaration of any Bankruptcy Proceedings against the Company or any of its
Directors.
(j) Declaration of any Legal or Financial Proceedings against the Company or any
of its Directors.
(k) Declaration that no contracts with the company have been cancelled for non-
performance in the last 5 years
(l) Comments on the Draft Contract (if no comments are received it is assumed
that the Tenderer will be content to agree the Contract without amendments).
(m) Company Health and Safety Policy Statement which demonstrates that the
Company has a positive attitude to Health and Safety.
(n) Field of service, e.g. Quantity Surveying Services, Structural Design
Services, MEP Design Services etc.
(o) List of projects undertaken and completed in the TCI in the past 3 years
including dates, value of services performed and value of works if known.
(p) List of names of technical staff with position in Company and qualifications
including membership of professional bodies and registration with recognized
international affiliations or groups pertinent to the category of service.
(q) Copies of certification of membership or other certification should be
submitted with the tender, however if they are not readily available they may
be submitted later.
(r) Charge out rates for proposed members of staff.
The Consultant’s Tender will be evaluated on all of the above items according
to the Tender Evaluation Criteria.
5. Tenders shall be in the English Language, shall be typed or printed in block letters,
and must be legible in all respects. If the Tender is corrected, changed erased or
altered in any way, each and every such correction, change, erasure or alteration
must be dated and initialed.
6. The Client may request additional information from the Tenderers with respect to
their Tender.
7. Tenders that do not fully comply with the conditions set out in these instructions
may not be considered by the Client for evaluation. If necessary clarifications will
be sought from the Tenderers prior to final evaluation. Contracts will be negotiated
with the preferred bidders.
8. Telegraphic Tenders, Tenders by Telex, Tenders by fax or e-mail will not be
accepted. Tenderers may revise their Tender subsequent to its submission, the
revision being in writing and stating that it supersedes the previous submission,
provided such revision is received at the offices stated above before the date and
time stipulated. Revisions must state the revised Work Item by number and
description, the original and revised Unit Price and Total Amount for the Item, and
the original and revised Total Amount of Tender. Such revisions shall be marked
and addressed as stated above and identified as "Revisions to Tender". Revisions
will not be accepted after the time and date of receipt of Tenders. No Tender may
be altered or amended after having been opened.
9. Tenders shall be typed or printed in block letters, and must be legible in all respects.
If the Tender is corrected, changed erased or altered in any way, each and every
such correction, change, erasure or alteration must be dated and initialed.
10. Tenders shall be valid for a period of ninety (90) calendar days from the date stated
for the opening of Tenders.
11. The preferred bidder shall be required to submit a Performance Guarantee, Advance
Payment Bond, Certificate of Insurance and other Documents as specified in the
Contract Documents.
12. Tenders shall be submitted based on the exact details and materials shown or
specified in the Tender Documents.
13. Tenderers shall also note that:
(a) Incomplete Tenders and those that do not comply essentially with the
Specifications or do not entirely conform to the Tender Documents may be
rejected and may not be considered.
(b) Tenderers shall have no interest in any Tender other than their own, and
they shall have no connection with any person, firm or corporation making
a Tender for the same Works.
(c) The Client may declare tendering void when none of the Tenders comply
with the Tender Documents or Specifications or when it is evident that
there has been a lack of competition and/or that there has been collusion
amongst Tenderers or other participants.
(d) All Tenders at the sole discretion of the Client may be rejected if they are
higher than the official budget established by the Client by an amount
sufficient to provide reasonable justification for such action.
(e) Tenders will be rejected if improperly executed and documented.
(f) No tender will be considered unless a completed signed copy of the Non
Collusion Certificate is attached.
14. Should there be any doubt or obscurity as to the meaning of the Tender Documents
or as to anything to be done or not to be done by the Consultant, or as to these
Instructions, or as to any other matter or thing, the Tenderer shall set forth in
writing a request for clarification and submit the same to the Client not later than
ten days before the date of Tender receipt. A response will be provided by the
Engineer within three days in the form of an Addendum, and sent to all Tenderers
and be incorporated in the Tender Documents.
15. All addenda issued prior to the date of Tender receipt shall be attached to and shall
form part of the Tender.
16. All moneys referred to in the Tender Documents are in the currency of the United
States of America ($U.S.) unless otherwise stated.
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GOVERNMENT OF THE TURKS AND CAICOS ISLANDS
CLIENT/CONSULTANT SERVICES FRAMEWORK AGREEMENT
DATE: 2016
PROJECT: FRAMEWORK AGREEMENT FOR CONSULTANCY SERVICES
FOR TCIG CAPITAL PROJECTS
CONSULTANT:
SERVICES: Provision of Technical Documentation, Consultancy Services and
Support:
Engineering Drawing
Architectural Drawing and Review
Engineering Design
Quantity Surveying
Site Supervision
Project Management
Tender Number: TR 15/5
Project Number: PWD 15/06 C
ATTORNEY GENERAL’S CHAMBERS
WATERLOO ROAD
GRAND TURK
TURKS AND CAICOS ISLANDS
BRITISH WEST INDIES
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CONTENTS
Page
Client/Consultant Services Agreement
Conditions of the Client/Consultant Services Agreement
Parent Company Guarantee
Attestation Clauses of Client/Consultant Services Agreement
Appendices:
A Scope of Services
B Personnel, Equipment, Facilities and Services of Others to be
Provided by the Client
C Remuneration and Payment
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GOVERNMENT OF THE TURKS AND CAICOS ISLANDS
CLIENT/CONSULTANT SERVICES AGREEMENT
PROJECT: FRAMEWORK AGREEMENT FOR CONSULTANCY SERVICES
FOR TCIG CAPITAL PROJECTS
THIS AGREEMENT is made the day of
Two Thousand and Sixteen.
BETWEEN THE GOVERNMENT OF THE TURKS AND CAICOS ISLANDS, of
Government Compound, Grand Turk, Turks and Caicos Islands (hereinafter called “the
Client”) of the one part and
of (hereinafter called “the Consultant”) of the other part.
WHEREAS the Client desires that certain Services should be performed by the
Consultant, namely:
Provision of Technical Documentation, Consultancy Services and Support:
Engineering Drawing
Architectural Drawing and reviews
Engineering Design and reviews
Quantity Surveying
Site Supervision
Project Management
for various capital projects for the Turks and Caicos Islands Government
and has accepted a proposal by the Consultant for the performance of such Services.
NOW THIS AGREEMENT WITNESSETH as follows:
1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Client/Consultant Services
Agreement hereinafter referred to.
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2. The following documents (which, except the General Conditions, are either
annexed hereto or have been signed in quintuplicate on behalf of the parties for
identification purposes) shall be deemed to form and be read and construed as part
of the Agreement, namely:
(a) The Letter of Acceptance;
(b) The following Conditions of the Client/Consultant Services Agreement
(General Conditions and Particular Conditions);
(c) The Appendices, namely:
Appendix A – Scope of Services;
Appendix A1 – Draft RFP form;
Appendix B – Personnel, Equipment, Facilities & Services of Others to
Provided by the Client; and
Appendix C – Remuneration and Payment.
(d) The Consultant’s Proposal no …………. dated …………. (the
Consultant’s Proposal)
3. In consideration of the payments to be made by the Client to the Consultant as hereinafter
mentioned the Consultant hereby agrees with the Client to perform the Services in
conformity with the provisions of the Agreement.
4. The Client hereby agrees to pay the Consultant in consideration of performance of the
Services such amounts as may become payable under the provisions of the Agreement at the
times and in the manner prescribed by the Agreement.
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IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
quintuplicate as a Deed the day and year first before written in accordance with their respective
laws.
EXECUTED under Seal for and on behalf of
THE GOVERNMENT OF THE
TURKS AND CAICOS ISLANDS by
MR PETER BECKINGHAM,
in the presence of:
______________________ _____________________________
WITNESS PETER BECKINGHAM
HE THE GOVERNOR
Name: …………………………..
EXECUTED as a Seal
for and on behalf of .......................................................................................
in the presence of:
____________________________
DIRECTOR
Name: …………………………………….
________________________ ___________________________ WITNESS DIRECTOR/SECRETARY
Name: ……………………………. Name:…….……………………
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CONDITIONS OF THE CLIENT/CONSULTANT SERVICES AGREEMENT
GENERAL CONDITIONS
This Agreement incorporates the General Conditions of the International Federation of
Consulting Engineers’ (“FIDIC”) Client/Consultant Model Services Agreement, Third Edition
1998, ISBN 2-88432-014-8.
PARTICULAR CONDITIONS
A. REFERENCES FROM CLAUSES IN THE GENERAL CONDITIONS
1. Definitions
(i) The Project is: CONSULTANCY FOR TCIG CAPITAL PROJECTS
Provision of Technical Documentation, Consultancy Services
and Support:
Engineering Drawing
Architectural Drawing and Reviews
Engineering Design and Reviews
Quantity Surveying
Site Supervision
Project Management
17. Duration of Liability: Five (5) years
Reckoned from: 1 April 2015
18.1 Limit of Compensation: US$500,000 (Five hundred Thousand United States
Dollars)
19. Amount of professional indemnity insurance required:
US$500,000 (Five hundred Thousand United States Dollars)
Duration of professional indemnity insurance required:
Five (5) years after completion of the Services
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Reckoned from: Completion Date.
Amount of public/third party liability insurance required:
US$ 500,000 (Five hundred Thousand United States Dollars)
22. Commencement: 7 (seven) days after the receipt of the Work Order by the
Consultant
Completion: As agreed in the Work Order
The Contract will end on 31 May 2016 unless extended as stated in the Conditions
of Contract.
31. (ii) Time for Payment
Local Currency: 28 days
Foreign Currency: Not Applicable
Agreed Compensation
for overdue payment: 0.01 per cent. per day
32. Currency of Agreement: US Dollars
36. Language of the Agreement: English
Ruling language: English
Law to which Agreement is subject: The law of the Turks and Caicos Islands
37. Consultant’s principal place of business:
41. Notices
Client’s address: South Base Grand Turk
E-mail: [email protected]
Consultant’s Address:
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E-mail:
Fax:
44. Rules for Arbitration: The United Nations Commission on International Trade
Law (“UNCITRAL”) Arbitration Rules: the appointing authority shall be the
President of FIDIC or a person appointed by such President.
46. Consultant’s ultimate parent company (if any): Not Applicable.
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B. ADDITIONAL CLAUSES
Clause 6 - Client’s Property
The last sentence of Clause 6 shall be deleted.
Clause 18 - Limit of Compensation and Indemnity
Clause 18.2 shall be deleted, and the following substituted:
“Indemnity 18.2
So far as the applicable law permits, the Client shall indemnify the Consultant
against the adverse effects of all claims including such claims by third parties
which arise out of or in connection with the Agreement:
(i) except insofar as they should be covered by, or are within the excesses or
deductibles of, the insurances to be arranged under the terms of Clause 19.
(ii) made after the expiry of the period of liability referred to in Clause 17.”
Clause 19 - Insurance for Liability and Indemnity
Clause 19 shall be deleted, and the following substituted:
“19. The Consultant shall:
(i) insure against his liability under Clause 16.1. in the amount stated
in the Particular Conditions, and shall maintain such insurance
during the relevant period stated in the Particular Conditions.
(ii) insure against public/third party liability, in the amount stated in
the Particular Conditions, and shall maintain such insurance until
he has ceased to provide Services.
The Consultant shall effect such insurance with an insurer and on
terms acceptable to the Client. As and when requested by the
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Client from time to time, the Consultant shall produce to the Client
satisfactory evidence of his compliance with this Clause
(including, without limitation, original insurance documents, if the
Client so requires).”
Clause 20 - Insurance of Client’s Property
Clause 20 shall be deleted, and the following substituted:
“ 20. If requested by the Client in writing the Consultant shall make all reasonable
efforts to insure, with an insurer and in amounts and on terms acceptable to the
Client:
(i) against loss or damage to the property of the Client supplied or paid for
under Clause 6.
(ii) against liabilities arising out of the use of such property.
The cost of such insurance shall be at the expense of the Client. As and when
requested by the Client from time to time, the Consultant shall produce to the
Client satisfactory evidence of his compliance with this Clause (including,
without limitation, original insurance documents, if the Client so requires).”
Clause 33 - Third Party Charges on the Consultant
Clause 33 shall not apply to Turks and Caicos Islands Government National Insurance
contributions properly payable.
Clause 38 - Assignment and Sub-Contracts
Add at the end of Clause 38 (ii):
“The Client may, without the consent of the Consultant, assign the benefits from the
Agreement after the Consultant has ceased to provide Services.”
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Clause 39 - Copyright
Clause 39 shall be deleted, and the following substituted:
“39.1 The copyright in all designs, drawings, models, plans, specifications, design
details, photographs, brochures, and other materials provided by the Consultant in
connection with the Project (whether in existence or to be made) and all
amendments and additions to them and any works, designs, or inventions of the
Consultant incorporated or referred to in them shall remain vested in the
Consultant, but the Consultant hereby grants to the Client an irrevocable royalty-
free, non-exclusive licence to use and reproduce the same for all purposes relating
to the Project including (without limitation) the construction, completion,
reconstruction, modification, extension, repair, reinstatement, refurbishment,
redevelopment, maintenance and use of the Project, such licence carrying the
right to grant sub-licences and to be transferable without the prior consent of the
Consultant.
39.2 The Consultant agrees:
(i) on request at any time give the Client or any persons authorized by the
Client access to the material referred to in Clause 39.1 and to provide
copies of it at the Client’s expense; and
(ii) at the Consultant’s expense, to provide the Client with two sets of all such
material promptly after the Consultant ceases to provide Services.
39.3 All royalties or other sums payable in respect of the supply and use of any
articles, processes or inventions required in connection with the performance of
the Services shall be paid by the Consultant and the Consultant shall indemnify
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the Client from and against all claims, proceedings, damages, costs and expenses
suffered or incurred by the Client by reason of the Consultant infringing or being
held to infringe any intellectual property right in the performance of the
Services.”
Clause 40 – Conflict of Interest/Corruption and Fraud
Clause 40 shall be deleted, and the following substituted:
“40. Notwithstanding any penalties that may be enforced against the Consultant under
the law of the country of the Project, or of other jurisdictions, the Client will be
entitled to terminate the Agreement in accordance with Clause 27.1(ii) and the
Consultant shall be deemed to have breached Clause 5(i), if the Consultant:
“(i) has given (before or after the award of the Agreement), or gives, or offers to
give (directly or indirectly) to any person any bribe, gift, gratuity, commission
or other thing of value, as an inducement or reward:
(a) for doing or forbearing to do any action in relation to the Agreement
and/or its award, or
(b) for showing or forbearing to show favour or disfavour to any person in
relation to the Agreement and/or its award,
or if any of the Contractor’s employees, agents or subconsultants has given (before
or after the award of the Agreement), or gives, or offers to give (directly or
indirectly) to any person any such inducement or reward as is described in this sub-
paragraph (i) (however, lawful inducements and rewards to Consultant’s employees
shall not entitle termination); or
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(ii) has misrepresented facts, or has used collusive practices, in order to influence
the award of the Agreement.
In the case of sub-paragraph (i), the Client shall be entitled (in addition to any other rights
of the Client under the Agreement or otherwise) to recover from the Consultant the
amount or value of any such inducement or reward as is described in sub-paragraph (i).”
Clause 42 - Publication
Clause 42 shall be deleted, and the following substituted:
“42. The Consultant shall maintain strict confidentiality in respect of the Project,
Works, Services and the affairs of the Client. In particular (without limitation),
the Consultant, either alone or jointly with others, may publish material relating to
the Works and Services only with the approval of the Client, which shall be
within the Client’s absolute discretion.”
Clause 44 - Arbitration
Clause 44 shall be deleted, and the following substituted:
“44. If the mediation fails then, with the agreement of the parties, the Mediator will
record those facts that the parties have agreed. All matters in dispute will be
referred to a single Arbitrator, who will be allowed access to such recorded and
agreed facts: but the parties will continue, during any arbitration or other
proceedings, to respect the confidentiality required by Clause 43.5.
The Mediator’s role will cease on the appointment of the Arbitrator. The
Mediator will not be available to appear as a witness in the arbitration, or to
provide any additional evidence obtained during the mediation.
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The arbitration will be conducted in English on Grand Turk, Turks and Caicos
Islands, in accordance with the rules stipulated in the Particular Conditions in
force at the effective date of the Agreement, on the basis that the parties agree to
waive their rights to any form of appeal, insofar as such waiver can validly be
made.”
Clause 45 - Formal Agreement
If required by the Client, the parties shall duly execute the Client/Consultant Services
Agreement in the form previously provided by the Client to the Consultant, with such
modifications as may be necessary properly to record the terms and conditions agreed
between the parties.
Clause 46 - Parent Company Guarantee
Within 14 (fourteen) days of the Agreement becoming effective in accordance with
Clause 21, the Consultant shall deliver to the Client a duly executed parent company
guarantee from the Consultant’s ultimate parent company (if any) identified in the
Particular Conditions, in the form previously provided by the Client, with such
modifications as may be necessary properly to bind the guarantor and benefit the Client.
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PARENT COMPANY GUARANTEE
THIS GUARANTEE is made on the day of
Two thousand and Sixteen
BETWEEN:
(1)
whose registered office is at
(the “Guarantor”); and
(2) THE GOVERNMENT OF THE TURKS AND CAICOS ISLANDS of
Government Compound, Grand Turk, Turks and Caicos Islands
(the “Client”, which term shall include its successors and assignees).
WHEREAS by an Agreement (the “Appointment”) dated 2016
and made between the Client of the one part and
(the “Consultant”) of the other part, the Consultant undertook the provision of certain
services (the “Services”) in accordance with the terms and conditions of the Appointment.
IT IS AGREED as follows:-
1 The Guarantor hereby absolutely irrevocably and unconditionally guarantees to the
Client the due and punctual performance by the Consultant of all the obligations on
the part of the Consultant under or pursuant to the Appointment (the “Terms”) and
(as a separate stipulation and as primary obligor) agrees that if the Consultant shall in
any respect commit any breach of or fail to fulfil any of the Terms, then the
Guarantor will forthwith perform and fulfil in place of the Consultant each and every
Term in respect of which the Consultant has defaulted or which is unfulfilled by the
Consultant. The Guarantor shall be liable to the Client for all losses, damages,
expenses, liabilities, claims, costs or proceedings which the Client may suffer or incur
by reason of the said failure or breach.
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2 The Guarantor shall be, and continue to be, liable under this Agreement even if the
Appointment is or becomes not binding on, or unenforceable against, the Consultant,
for any reason whatever. No alterations in the Appointment, or in the Services, and
no extension of time, forbearance or forgiveness, nor any act, matter or thing
whatsoever except an express release by the Client, shall in any way release or reduce
any liability of the Guarantor hereunder. References to the Appointment in this
Agreement shall include all amendments, variations and additions to it, whether made
before or after the date hereof.
3 This guarantee shall remain in full force and effect until performance in full of the
Terms, notwithstanding:
3.1 the insolvency or liquidation of the Consultant, the Guarantor or any other
person;
3.2 any disclaimer of the Appointment by a liquidator of the Consultant; and/or
any feature of the Appointment, the negotiations prior to the Consultant and
the Client entering into the Appointment, or the performance of the
Appointment, making it ineffective or unenforceable.
4 Until the Terms have been unconditionally and irrevocably performed in full the
Guarantor shall not by virtue of any performance or payment made by it or otherwise:
4.1 be subrogated to any rights, security or moneys held or received or receivable
by the Client; or
4.2 be entitled to exercise any right of contribution from any co-surety in respect
of such performance and liabilities under any other guarantee, security or
agreement; or
4.3 exercise any right of set-off or counterclaim against the Consultant or any
such co-surety; or
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4.4 receive, claim or have the benefit of any payment, distribution, security or
indemnity from the Consultant or any such co-surety; or
4.5 unless so directed by the Client (when the Guarantor will prove, and turn over
any realisations to the Client, in accordance with such directions) claim as a
creditor of the Consultant or any such co-surety in competition with the
Client.
5 No delay or omission of the Client in exercising any right, power or privilege
hereunder shall impair such right, power or privilege or be construed as a waiver of
such right, power or privilege nor shall any single or partial exercise of any such
right, power or privilege preclude any further exercise thereof or the exercise of any
other right, power or privilege. The rights and remedies of the Client herein provided
are cumulative and not exclusive of any rights or remedies provided by law.
6 A waiver given or consent granted by the Client under this guarantee will be effective
only if given in writing and then only in the instance and for the purpose for which it
is given.
7.1 If at any time any one or more of the provisions of this guarantee is or becomes
invalid, illegal or unenforceable in any respect under any law, the validity, legality
and enforceability of the remaining provisions hereof shall not be in any way affected
or impaired thereby.
7.2 As a separate and alternative stipulation the Guarantor unconditionally and
irrevocably agrees that any sum expressed to be payable by it or obligation to be
performed by it under this guarantee but which is for any reason (whether or not now
existing and whether or not now known or becoming known to the Guarantor) not
recoverable from or enforceable against the Guarantor on the basis of a guarantee
shall nevertheless be recoverable from or enforceable against the Guarantor as if the
Guarantor were the sole principal debtor or obligor (where relevant).
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8.1 Any notice, demand or other communication to be served under this guarantee may
be served upon the Guarantor only by posting or delivering the same or sending the
same by telex or facsimile transmission to the Guarantor at its address, or telex or
facsimile number shown below:
Address:
Telex:
Fax:
or at such other address or number as the Guarantor may from time to time notify in
writing to the Client.
8.2 Any notice, demand or other communication to be served under this guarantee may
be served upon the Client only by posting or delivering the same or sending the same
by telex or facsimile transmission to the Client at its address, or telex or facsimile
number shown below:
Address:
Telex:
Fax:
or at such other address or number as the Client may from time to time notify in
writing to the Guarantor.
9 A notice or demand served by post shall be deemed duly served on the tenth business
day after the date of posting and a notice or demand sent by telex or facsimile
transmission shall be deemed to have been served at the time of transmission unless
served after 5.00 p.m. in the place of intended receipt in which case it will be deemed
served at 9.00 a.m. on the following business day. For the purposes of this clause
“business day” means a day on which commercial banks are open for business in
London, England.
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10 In proving service of any notice it will be sufficient to prove, in the case of a letter,
that such letter was properly stamped or franked, addressed and placed in the post
and, in the case of telex or facsimile transmission, that such telex or facsimile was
duly transmitted on a business day to a current telex or facsimile number of the
addressee at the address referred to above.
11 The Client shall be entitled to assign or transfer all or any of the Client’s rights under
this guarantee without the consent of the Guarantor.
12 The proper law of this guarantee shall be the law of the Turks and Caicos Islands, and
all disputes which may arise under, out of, or in connection with, or in relation to,
this guarantee shall be submitted to the jurisdiction of the courts of the Turks and
Caicos Islands.
IN WITNESS whereof the Guarantor has caused this guarantee to be executed as a Deed the
day and year first before written in accordance with the law governing the constitution of the
Guarantor.
EXECUTED under Seal for
and on behalf of
in the presence of:
_________________________________
DIRECTOR
___________________________________ ______ _________________________
WITNESS DIRECTOR/SECRETARY
White Book – Framework Agreement Consultants for PWD 20
ATTESTATION CLAUSES OF CLIENT/CONSULTANT SERVICES
AGREEMENT
EXECUTED under Seal for and
on behalf of THE GOVERNMENT
OF THE TURKS AND CAICOS ISLANDS by
in the presence of:
______________________ _____________________________
WITNESS THE GOVERNOR OF THE
TURKS AND CAICOS ISLANDS
Name:………………………
EXECUTED under Seal
for and on behalf of
in the presence of:
____________________________
DIRECTOR
Name:…………………………………….
________________________ ___________________________ WITNESS DIRECTOR/SECRETARY
Name:……………………….. Name:……………………………….
White Book – Framework Agreement Consultants for PWD 21
APPENDIX A
SCOPE OF SERVICES
This agreement is a Call-off Agreement and as such the scope of work will not be defined
at its execution.
Work will be detailed in a Work Order which will state the scope of work; the
Consultant will determine the inputs that are required to carry out the work in the
most efficient and timely manner.
The Consultant should be aware that there may be one or more similar
Consultants’ Framework Agreements and such a Consultant are expected to bid
for the work as requested in the Work Orders in competition with other
Consultants.
For each Work Order, the Consultant is expected to submit the resources
determined to be required at the rates agreed in the Contract. Expenses will be on
a reimbursable basis.
Evaluation of each bid will be carried out and the most beneficial bid to the Client
will be accepted. This may or may not be the cheapest bid.
A Draft Work Order is attached in Annex 1 to this Appendix.
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Draft Work Order
Project: Date:
Name of Consultant:
Address of Consultant:
Email Contact:
Phone Number:
Description of the Works:
Staff inputs and Reimbursables required: Name of Officer Skill required Number of
hours input
Rate (US$) Total
Expenses Agreed:
Airfares:
Other
Commencement date:
Completion date:
Signed by Engineer: Signed Received by Consultant:
White Book – Framework Agreement Consultants for PWD 23
APPENDIX B
PERSONNEL, EQUIPMENT, FACILITIES AND SERVICES OF OTHERS TO
BE PROVIDED BY THE CLIENT
None unless agreed in the Consultant’s Work Order.
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APPENDIX C
REMUNERATION AND PAYMENT
Payment will be made on a monthly basis in arrears
The rates in the Agreement will be fixed until the end of the Contract (31 May
2016). There will be no price fluctuations or contingencies.
The value of the work will be agreed at the rates provided in the Call-off
Agreement for the input of work described in the Work Order.
No tax is payable on Work carried out for the Turks and Caicos Islands
Government.
Certificate of Non-Collusion
TURKS AND CAICOS ISLANDS GOVERNMENT
TENDER SUBMISSION CERTIFICATE OF NON-COLLUSION
I/we certify that this tender is made in good faith, and that we have not fixed or adjusted the
amount of the tender by or under or in accordance with any agreement or arrangement with any
other person. I/we also certify that we have not and i/we undertake that we will not before the
award of any contract for the work:
I. Disclose the tender price or any other figures or other information in connection with the
tender to any other party (including any other company or part of a company forming part
of a group of companies of which i am/we are a part of) nor to any sub-contractor
(whether nominated or domestic) nor supplier (whether nominated or domestic) or any
other person to whom such disclosure could have the effect of preventing or restricting
full competition in this tendering exercise
II. Enter into any agreement or arrangement with any person that they shall refrain from
tendering, that they shall withdraw any tender once offered or vary the amount of any
tender to be submitted
III. Otherwise collude with any person with the intent of preventing or restricting full
competition
Pay, give or offer pay or give any sum of money or other valuable consideration directly or
indirectly to any person for doing or having done or causing or having caused to be done in
relation to another tender or proposed tender for the work any act or thing of the sort described at
i), ii) or iii) above.
I/we further declare that I/we have no knowledge either of any sum quoted or of any other
particulars of any other tender for this contract by any other party.
We further certify that the principles described above have been, or will be, brought to the
attention of all sub-contractors, suppliers and associated companies providing services or
materials connected with the tender and any contract entered into with such sub-contractors,
suppliers or associated companies will be made on the basis of compliance with the above
principles by all parties.
I/we acknowledge that any breach of the foregoing provisions shall lead automatically to this
tender being disqualified and may lead to criminal or civil proceedings.
The Turks and Caicos Islands Government shall treat any tender received in confidence but
reserves the right to make the same available to any other funding organisation or statutory
regulatory authority either having jurisdiction over the works or who may now or at any time in
the future have statutory power to require disclosure of this tender.
In this certificate, the word ‘person’ includes any persons and anybody or association,
incorporated or unincorporated; any agreement or arrangement includes any transactions, formal
or informal and whether legally binding or not; and ‘the work’ means the work in relation to
which this tender is made.
Signature……………………… in capacity of ……….……….…….…….…………..
Date……………………………………………………..
Duly authorised to sign tenders and acknowledge the contents of the certificate of non-collusion
for and on behalf of:
Name of
firm……………………..…………………………………………………………………………
Full postal address…………………………………………………………………………….
……………………………………………………………………………………………………..
Telephone no………………………….……. Fax no ……………………………………….
1
FRAMEWORK AGREEMENT FOR
CONSULTANCY
FOR TCIG CAPITAL PROJECTS
Form 1 – Technical
To be completed fully by the authorized representative of the company and submitted with
supporting tender documentation.
Number of Employees Technical Management/Administration
Security Support and Ancillary
List of similar projects completed in the last 3 years
Project Name: Value of Services
Value of Works
(Add rows as required)
Provide an outline of services
currently supplied and
managed
(Tick all that apply and
include other fields as
required)
Submit evidence of such
services performed with
Tender.
Architectural design
Government Building
School Building
Domestic Housing
Condominiums and Hotels
Other (Please Specify)………………..
Civil Engineering
Road Design
Pavement Design
Marine Works
Other (Please Specify)………………..
Contract Management
FIDIC
Other (Please Specify)………………..
Mechanical and Electrical Design
Air Conditioning
Generator design
2
Solar and Alternative Energy
Other (Please Specify)………………..
Structural Engineering
Steelwork
Concrete design
Structural design and hurricane impact analysis
Hurricane damage assessment
Seismic Studies
Other (Please Specify)………………..
Health and Safety Policy Attached If None tick No
Yes No
Policy and Experience in Energy Saving and Green Engineering If None tick No
Yes No
3
Form 1, Annex A-- Charge out rates for Consultants
The Tenderer should complete the following according to the structure of the Company
and for each member of staff to be charged to the proposed Works
Officer’s
Name
Title/Position in
Company
Qualifications Hourly Charge
out Rate:
Office Site
eg Owner eg PHD, AIA $ $
eg Principal architect eg BSc M Arch RIBA $ $
eg Structural
Engineer
eg B Eng MICE
MIStructE
$ $
eg Draughtsman eg None $ $
$ $
$ $
Use as many lines as necessary
The above table will form part of the Agreement to determine the Charge out rate for each staff
member.
The details provide above are true and complete to the best of my /our knowledge
Signed and Dated:
By: ………………………………………….. ( Name)
On behalf of: ………………………………………….. ( Company)
Position in the company: ………..………………………………….
Date: …………………………………………….
Evaluation Criteria - Tender for Framework Agreement for Consultancy Services for TCIG
Capital Projects - TR 15/5
This Tenderer is required to sign this Section which contains all the criteria that will be used to
evaluate Tenders and qualify Tenderers. The Tenderer shall provide all the information
requested within the tender document to be considered for evaluation. Omission of required
information may result in being disqualified or not being considered further as appropriate.
Part I – Qualifications to be considered.
a) Copy of the attached Non-collusion certificate.
(PLEASE ENSURE IT IS SIGNED AND
INITIALED)
Required
b) Copy of Bank Letter no older than 6 months as
evidence of good financial standing.
Required
c) Copy of letter from NHIB confirming that payments are
up to date
Required
d) Copy of letter from NIB confirming that all payments
are up to date.
Required
e) Business License Category of Company and a copy of a
valid 2015-2016 Business License or receipt of payment
for same
Required
f) Copy of Certificate of Good Standing (if a Limited
Company) or copy of Certificate of Registration (for
other entities).
Required
g) Copy of Certificate of Company Insurance. Required
h) I certify that I or any of the other Directors or Principals
of the Company have no conflict of interest within this
tender.
Required
Initial here
i) I declare that no bankruptcy or insolvency proceedings
are held against the Company or its Principals
Required
Initial here j) I declare that there is no litigation against the company
or the Principals
Required
Initial here k) I certify that no contracts with the company have been
cancelled for non-performance in the last 5 years
Required
Initial here l) Comments on the Draft Contract (if no comments are
received it is assumed that the Tenderer will be content
to agree the Contract without amendments).
Required
I certify that I have read the whole of the tender documentation and that the above
information is correct.
Signature of Principal of Company: _________________Date: __________________
Name:__________________________ Position in Company: ____________________
Telephone Number: _________________email address: ________________________
Part II - Technical Criteria, sub-criteria and point system for the evaluation of the Full Technical Proposal are:
Points
1. Company Qualifications and Competence:
a) Fields of Service that the Company engages in.
b) Specific experience of the Consultant (as a firm) relevant to the Assignment
judged from the list of projects undertaken in the past 3 years.
c) Company Health and Safety Policy Statement.
d) Policy on Energy Saving and Green Engineering.
Total points for criterion 1: [30]
2. Organization and staffing (overall team composition):
Total points for criterion 2: [10]
3. Technical Staff’s qualifications and competence:
a) Principal [20]
b) Other staff (up to 3) [30]
Total points for criterion 3: [50]
The number of points to be assigned to each of the above positions shall be determined
considering the following three sub-criteria and relevant percentage weights:
i) General qualifications [20%]
(Education and training in the determined field [degrees, professional qualifications, etc.])
ii) Adequacy for the Assignments [70%]
(Knowledge of the sector type and years of experience)
iii) Other relevant experience
(such as familiarity with government projects etc) [10%]
Total weight: 100%
4. Transfer of knowledge (training) program (relevance of approach and methodology)
Total points for criterion 4: [10]
Total points for all four criteria: 100
The minimum technical score required to pass is: [70]
Part III - Financial
As this a tender for a Framework Agreement, Contracts will be negotiated with all Consultants
meeting the Minimum Technical Score.
Mini-tendering action will take place as and when Work Orders are issued to each of the
Consultants within a Framework Agreement.
Charge out rates will be as stated in Annex A of Form 1 which will form part of the Contract.