THE HASHEMITEKINGDOM OF JORDAN

MINISTRY OF WATER AND IRRIGATION

JORDAN VALLEY AUTHORITY

TERMS OF REFERENCE AND CONTRACT AGREEMENT

FOR CONSULTANCY SERVICES

FOR

SUPERVISION OF CONSTRUCTION

OF

ZARQA MA’EENDAM

TENDER No. ( /2013)

May 2013

TABLE OF CONTENTS.

CONTENTS / PAGE
SECTION I
1.1 - Request for Proposals and Definitions / 3-7
1.2 - Form of Contract Agreement. / 8-9
1.3 Form of Performance Guarantee. / 10
1.4 General Terms of the Agreement / 11-17
1.5 – Notices / 18
1.6 – Special Condition of Contract. / 19-22
SECTION II:
TERMS OF REFERENCE and SCOPE OF CONSULTANCY SERVICES / 23
  1. Background
/ 23
  1. General
/ 23
  1. Consultant Head Office Support
/ 23-24
  1. Assistant During Bidding
/ 24
  1. Design Review and Modifications
/ 24-26
  1. Site Supervision
/ 26-29
  1. Maintenance and Defects
/ 29
  1. Project Manuals
/ 29-31
  1. Completion Report and As Built Drawings
/ 31-32
  1. Supervision Personnel
/ 32
  1. Visit to Site by Senior Specialists
/ 32
APPENDIX A EXPERIENCE AND QUALIFICATION: / 33
I-ATTACHMENT A1: RELEVANT DAM PROJECTS.
/ 34
II-ATTACHMENT A2: GENERAL INFORMATION.
/ 35
III-ATTACHMENT A3 SITE ORGANIZATION.
/ 36
APPENDIX B: PAYMENT FOR CONSULTANT’S SERVICES : / 37-38
Table (C 1):Schedule of Fees and Expenses. / 39
Table (C 2):Breakdown of Man Month Rates. / 40
Table (C 3 Breakdown for Short Term Visits to the Site during Construction and Maintenance.. / 41
Table (C 4): Summary of Head Office Support (L.S). / 42
Table (C 5):Breakdown for Head office Support (Lump Sums). / 43
Table (C 6): Breakdown for Assistance in bidding process / 44
APPENDIX C: CLASSIFICATION OF STAFF / 45
APPENDIX D:CRITERIA FOR TECHNICAL EVALUATION / 47-48
APPENDIX E-1:Declaration for JOINT VENTURE AGREEMENT FORM (If Exist)
APPENDIX E-2: JOINT VENTURE AGREEMENT FORM) / 49
50
DAM GENIRAL INFORMATION / 51

INVITATION TO TENDER FOR CONSULTANCY SERVICES FOR SUPERVISION OF CONSTRUCTION OF ZARQA MA’EENDAM

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SECTION I

1.1-REQUEST FOR PROPOSALS FOR CONSULTANCY SERVICES FOR THESUPERVISION OF CONSTRUCTION OF ZARQA MA’EEN DAM PROJECT.

The Jordan Valley Authority of the Ministry of Water and Irrigation of the Hashemite Kingdom of Jordan through the Government Tenders Directorate (GTD) is seeking the services of an experienced and suitably qualified local Consulting Engineering firm who are classifies in first category specialized in Specialized Engineering /Dam Engineering or who are classified in category (1A)in water & water sewerage,.roads and buildings field jointly or as joint venture for the said classifications to review the Studies, Reports, Data, Design and the Tender Documents of Zarqa Ma’een Dam and make the necessary modifications and to supervise the construction and maintenance of the Zarqa Ma’een Dam Project / Madaba Governorate.

The consultancy services will be financed by the budget of the Hashemite Kingdom of Jordan.

Messrs ENGICON in collaboration with C.Lotti and Associate S.P.A carried out the Feasibility Study, the Design and the Tender Documents for this project.

The tentative schedule for Tendering is as follows:

26/6/2013 / Starting date to download the Tender Documents from the Government Tenders Directorate (GTD) website.
15/7/2013 / Site Visit, meeting before take off will be at 9:00 am at JVA Directorate of Dams Abed Al Aziz Al Tha’alibi Street Building No. 6, Shemisani – Amman.
29/7/2013 / Last date for submission of inquiries.
19/8/2013 / Last date for submission of Tenders.
19/8/2013 / Opening of Technical Proposals.

Firms shall submit their proposals on the basis of the following Terms of Reference. The proposals shall be submitted in one original and twocopies in a single anonymous package marked “Consultancy Services for Supervision of Construction of Zarqa Ma’een Dam”, in the lower left corner.

The proposals shall be addressed to the Chairman of the Central Tenders Committee, the Director General of the Government Tenders Directorate. Each copy shall contain two separate sealed envelopes, marked “Technical Proposal” and “Financial Proposal” respectively. The Proposal shall contain, but not limited to the following information:-

Envelope 1 – Technical Proposal:

  1. A detailed listing of the experience and qualification of the Local Firm, providing information on specific experience in conducting Dam’s technical and economic feasibility studies, preliminary and final designs, supervision of Dam’s construction and maintenance, length of experience, location of prior related jobs, their size and costs; and any other pertinent information that will demonstrate the degree of qualification of the Firm for the specific projects under consideration. Tenderer should complete the attachments of Appendix A.
  1. A detailed description of the proposed method of carrying out the Consultancy Services for:
  1. Assistant during bidding process upon Employer’s written request (Optional Service);
  2. Reviewing,modifying and changing where necessary the Studies, Reports, Data, Design and Tender Documents of the Damto insure the dam’s and its appurtenantstructures safety and integrity during construction and operation and to the extent that will enable the Consultant to bear, in writing, the full liability and responsibility for the Dam Design and the Tender Documents.
  3. Carrying out the Supervision of Construction of Zarqa Ma’een Dam and the Consultancy Services during the Maintenance Period.
  4. Preparing for and participating in Review Panel of Experts Meetings, and replying on the Review Panel of Experts Meetings Reports and letters
  5. Quality Control of the Works.

A clearly related time schedules should be presented in a form of bar chart, including a schedule to meet the reporting requirements for each main activity of the Services (Design and Tender Documents review and modificationsand the damConstruction Supervision and Maintenance)

  1. A clear program of the intervention of each position of the Site staff should be submitted.
  2. A timetable for the submission of reports and the program of work of the experts should be submitted.
  1. A detailed listing of the nominated technical staff for each main activity, together with the qualifications and experiences of all required professional staff, as applicable to the project requirements; with their Curriculum Vitae, containing at least the following headings: Date of birth, nationality, languages, professional training, education, researches, publications and experience (applicable experience shall be clearly stated), present place of work and Employer.
  1. The Tenderers should submit with his Technical Proposal the Declaration for Joint Venture Agreement as per the attached Form in (Appendix E-1) ( if exist ) filled and signed by all parties of the Joint Venture. Technical Proposals submitted without this filed and signed Declaration for Joint Venture Agreement will be rejected.
  1. The Tenderers should submit a Joint Venture Agreement (Appendix E-2) in case of awarding (to the awarded bidder ) clearly define the following if any:

-The leader of the Joint Venture.

-Participation of each consultant of the Joint Venture.

- The Joint Ventures firms are jointly and severally liable.

-The Head Office Support should be the responsibility of the leader of the Joint Venture.

-The percentage of participation of the Leading Consultant should be over 50%.

Envelope 2- Financial Proposal:

The financial proposal should include the following amounts (in Jordanian Dinars):

  1. A Lump Sum amount for Site Staff Fees.
  2. A Lump Sum amount for the Head Office Support services during the construction period.
  3. A Lump Sum amount for the Head Office Support services during the maintenance period.
  4. A Lump Sum amount for Specialist visits during construction and maintenance period.
  5. An optional Lump Sum amount for assistance during construction contract bidding process, bid analysis and contract award.
  6. A Provisional Sum JD (30000) for additional work requested by the Employer.

The financial proposal should include a detailed breakdown for all the above-mentioned sums. The breakdowns should include the cost or the percentage allocated for each component of sums,such as the basic salary, allowance, overseas allowances, overhead, social benefits, profit, publication expenses, drawings,studies, reports, data, design and tender documents review, modifications and changes to the extent necessary,review meetings, communication expenses, couriers cost, office cost, computer programs, data processing, experts needed to be employed at the Consultant’s Head Office for this Consultancy Services, draft expenses, travel, accommodation (housing), local and international transportation, visa, insurances, registrations, guarantees, per diem, Tax, Sales Tax and any other cost related to the services.

Selection of Consultant

The economically most advantageous Tender shall be selected as follows:

  1. The Central Tender Committee shall carry out an initial examination of the tenders, excluding prices. Tenders, which contain reservations considered by the Central Tender Committee to be substantial, shall be rejected.
  2. The Central Tender Committee shall carry out a purely technical evaluation of the tenders applying the criteria mentioned in Appendix D.
  3. The financial proposal of the Tenderers whom technical proposals are accepted by the Central Tender Committee (acceptable technical passing score will be determined by the Central Tenders Committee)will be opened. The other financial proposals will be returned unopened.
  4. Awarding the Contract will be to the lowestcompetent bidder.

Instructions to Tenderers

  1. Tenders must be expressed in Jordanian Dinars.
  2. Envelopes containing tenders shall be delivered by hand or courier or by other means to arrive by the deadline at the address specified in the letter of Invitation to Tender.
  3. Envelopes thatarrive after the deadline for the receipt of tenders will not be accepted.
  4. The submitted tender shall comprise the following documents:
  1. A statement by the Tenderer in which he undertakes to carry out the Consultancy Services in accordance with the provisions and terms of these rules governing the invitation to tender.
  2. Terms of Reference as it appears in the invitation to Tender, documents shall be stamped and initialed on each page by the tenderer.
  3. The Tenderer proposal shall include evidence and certification from the concerned Governmental bodies and/orPublic entities that the information and experience record contained in the technical proposal are correct.
  4. Tenderer’s attention should be drawn to the fact that they must submit a tender, which in all respects fulfills the Terms of Reference. Failing to do so will result in their tender being declared null and void.
  1. The tenders shall be delivered in a sealed envelope addressed to:

Ministry of Public Works and Housing

Government Tender Directorate

King Abdullah II Circle (8th Circle), King Abdullah II Street

P.O.Box 1220, Post Code 11118

Amman – Jordan

E- mail: biddings@.gtd.gov.jo

Tel: 00 962-6-58 58 311,312,313,314

Fax: 00 962-6-58 57 583

Website:

(a)The envelope shall be endorsed: Confidential / Tender Documents for the “CONSULTANCY SERVICES FOR THE SUPERVISION OF CONSTRUCTION OF ZARQA MA’EEN DAM PROJECT”.

  1. The tenders shall be dispatched to arrive at the address stated above on …...... , 2013, not later than 12:00 p.m., Jordan local time. Documents received after this time and date will not be considered.

Definitions:

It is understood that wherever the following terms appear in this agreement, they signify:

-“Jordan” signifies the Hashemite Kingdom of Jordan.

-“Government” means The Government of the Hashemite Kingdom of Jordan.

-“Employer” signifies the Ministry of Water and Irrigation / Jordan Valley Authority of the Hashemite Kingdom of Jordan, or any body, authority or person authorized by the Employer to exercise the power and obligations of the Employer, provided that the Consultant has been informed accordingly in writing.

-“JVA” signifies the Jordan Valley Authority and is used synonymously with “Employer”.

-“Project” signifies the Consultancy Services for reviewing the Studies, the Design and the Tender Documents of ZARQA MA’EEN DAM and its appurtenant structuresand modifying them to the extent that will enable the Consultant to bear, in writing, the full liability and responsibility for the safety and integrity of Dam and its appurtenant structures during construction and operation of the Dam, and for carrying out the Supervision of the Construction ofZARQA MA’EEN DAM and its appurtenant structures and the Consultancy Services during the Maintenance Period.

-“Consultant” means the Local Consulting Engineering firm or the Joint Venture Consulting Engineering firms, engaged by JVA to perform professional services for this project.

-“Bid” means The Consultant’s Technical Proposal and Financial Proposal submitted to the Employer to perform the Technical Services in accordance with the provisions of Contract, as accepted by the Letter of Award.

-“Decision of Award” The formal acceptance by the Employer of the Tender with any additional conditions accepted before CONTRACT signature by the Parties to the Contract.

-“Contract Sum” means the sum mentioned in the Decision of Award which is subject to increase or decrease resulting from the application of Contract Conditions.

-“Approval” means written approval or verbal approval confirmed in writing.

-“Time for Completion” The time specified in the Contract for Technical Services execution as defined in the Contract and is calculated according to “Gregorian Calendar days” and not working days.

-“Documents” Are the documents defined in the Contract and which form an integral part of the Contract.

-“Applicable Law” means the laws and any other instruments having the force of law in the Hashemite Kingdom of Jordan, as they may be issued and in force from time to time.

-“JD” means Jordanian Dinars.

-“Days” signifies calendar days.

-“Services” signifies the services in connection with the project as described in the terms of reference.

-“Expatriate Staff” means the personnel of the consultant that the consultant intends to employ for this project, whom are normally neither citizens nor residents of Jordan.

-“Local Staff” means the personnel of the consultant who are citizens of Jordan whether residing in Jordan or not and non-citizens who are residents of Jordan.

1.2 – FORM OF CONTRACT AGREEMENT FOR CONSULTANCY SERVICES FOR THE SUPERVISION OF CONSTRUCTION OF ZARQA MA’EEN DAM.

This Agreement, is made on this day, the …...... of …...... In the year of two thousand and ten.

Between:

The Employer, the Ministry of Water and Irrigation / Jordan Valley Authority of the Government of the Hashemite Kingdom of Jordan, (hereinafter called JVA), party of the first part.

And

The Consultant…………………………………….…………………………………………..

(Hereinafter called the Consultant), party of the second part.

A professional consulting engineering firm with a registered office at…......

WITNESS THAT:

WHEREAS:The Jordan Valley Authority desires to conduct a Consultancy Services for reviewing the Studies, the Design and the Tender Documents of ZARQA MA’EEN DAM and its appurtenant structures, modifying and changing them to the extent that will enable the Consultant to bear, in writing, the full liability and responsibility for the safety and integrity of Dam and its appurtenant structures during construction and operation of the Dam, and for carrying out the Supervision of the Construction of ZARQA MA’EEN DAM and its appurtenant structures and the Consultancy Services during the Maintenance Period.

WHEREAS:To accomplish the herein mentioned objectives, the Jordan Valley Authority requires specialized services; and

WHEREAS:The Consultant represents that he is qualified to provide such services and is willing to undertake the same upon the conditions set forth herein.

NOW, THEREFORE, the parties hereto agree as follows:

Appointment of the Consultant:

  1. The Ministry of Water and Irrigation / Jordan Valley Authority hereby appoints the Consultant and the Consultant accepts the appointment on the terms and conditions hereinafter set forth.
  2. Duties of the Consultant:

-The duties of the Consultant are described in Sections II of this agreement entitled “Terms of Reference” and attached appendices.

-The Consultant shall discharge all duties of a technical and administrative nature in accordance with the best-established professional practices required by the nature of the services even though they have not been expressly specified in this Agreement.

  1. Contract Sum and Time:

A)Contract Sum:

For the services provided by the Consultant as per this agreement, JVA will pay the consultant for his services the Total value of the Agreement JD …………………………….…

  1. A Lump Sum amount for Site Staff Fees.
  2. A Lump Sum amount for the Head Office Support services during the construction period.
  3. A Lump Sum amount for the Head Office Support services during the maintenance period.
  4. A Lump Sum amount for Specialist visits during the maintenance period.
  5. An optional Lump Sum amount for assistance during construction contract bidding process, bid analysis and contract award.
  6. A Provisional Sum JD (30000) for additional work requested by the Employer.

Payment of the above Sums will be made in accordance with the provisions of theGeneral and Special Conditions, the Terms of Reference, Appendix B,Tables of Appendix Band the Schedule of Fees and Expenses.

B)Time for completion of the Contract:

The nominal Contract Time for completion of the Contract is 1460 calendar days based on the date of issuance of Notice to proceed and as follows.

  1. Supervision of the Dam Construction –730 calendar days.
  2. Supervision of the Dam Maintenance and Defects – 730 calendar days.

In witness whereof the parties hereto have executed this Agreement Document as to the date year first above written.

The Second Party / The First party
For The Consultant
/ For The Employer
Name...... / Name......
Signature……………………………… / Signature…………………………………...
Title…………………………………… / Title………………………………………...
Signed in the presence of:
Signature……………………………… / Signature…………………………………...
Name…………………………………. / Name………………………………………..

1.3 - FORM OF PERFORMANCE GUARANTEE:

To Messrs: Ministry of Water and Irrigation / Jordan valley Authority- Amman-Jordan.

We have the pleasure to inform you that our

Bank ………………………………………...has guaranteed by financial guarantee, The consultant,

Messrs...... …………………...... ……………

...... for the sum of JD...... ……......

As a performance guarantee for Tender No...... …..

for the project of “Consultancy Services for reviewing the Studies, Reports, Data,Design and the Tender Documents of ZARQA MA’EEN DAM and its appurtenant structures, modifying and changing them where necessary, and for the Supervision of Construction and Maintenance of ZARQA MA’EEN DAM”, as a performance Guarantee to ensure the execution and completion of the Consulting Services pertaining to the aforementioned project as required in the contract Agreement between the Jordan Valley Authority and the Consultant.