Invitation for tenders
REHABILITATION OF HRYBOVYCHI LANDFILL IN LVIV, UKRAINE
This Invitation for Tenders follows the General Procurement Notice for this Project, which was published on the EBRD website in Procurement Opportunities (www.ebrd.com) on 01 September, 2017 (8811-IFT-49437) and latest updated on March 1, 2018 (EBRD ref. 9004-GPN-49437).
Lviv Communal Enterprise "Zelene Misto", hereinafter referred to as “the Employer”, has received a loan from the European Bank for Reconstruction and Development (“EBRD” or “the Bank”), a loan from the Clean Technology Fund (“CTF”) and a grant from the Eastern Europe Energy Efficiency and Environmental Partnership (“E5P”), administered by the Bank, and has applied for the loan from the European Investment Bank (“EIB”) to finance the Lviv Solid Waste Project, including the procurement of construction works for the rehabilitation of Hrybovychi landfill, located near Lviv, Ukraine, to be carried out in two consecutive phases.
The Employer now invites sealed tenders from Contractors for the following Contract to be funded from the proceeds of the EBRD loan for the Phase 1 and EIB loan for the Phase 2:
- Rehabilitation of Hrybovychi landfill, located near Lviv, Ukraine.
The Works shall be performed in two phases.
Phase 1 of the works will comprise the following:
To be executed by the Rehabilitation Works Contractor
- Levelling and terracing (earthworks in cut and fill to reprofile the landfill body) of the total square of the landfill body (260 895 m2), starting from the north-west part with the forming of an angle of inclination not more than 18°;
- Laying channels for collection and removal of unpolluted rain and melt waters from the northwest on both sides of the landfill body with releases below the protective dam of the leachate lakes (2 747 m);
- Installation of protective screen of the landfill body surface on this area (307 960 m2);
- Construction of channel for interception of leakage of filtrate from under the south-eastern slope of a landfill and bringing them to engineered capacity of leachate collecting №5;
- Removing of waste masses that was washed during the emergency in 2016, as well as the soil contaminated with leachate lakes (48 840 m2) by replacing it with the new soil;
- Construction an access road on the top of the rehabilitated landfill;
- Construction of an earth embankment at the foot of the landslide area;
- Before the implementation of rehabilitation works on the slope levelling in the area of masses landslide, - the installation of a wall of sheet L5 length 12х0,42 m, weight 1 p.m. - 100 kg for fixing the slope (Larson tufts) is provided
To be executed by nominated subcontractor
- Landfill gas (LFG) extraction system; combustion in gas motor-electro-generator unit
To be executed by other contractors
- Supply and installation of the leachate treatment plant with leachate throughput capacities up to 300 m3/day (increasing of leachate treatment area capacity in order to clean up previously accumulated leachate lakes.)
Phase 2 of the works will comprise the following:
To be executed by the Rehabilitation Works Contractor
- Creation of permanent rehabilitated multifunctional cover across the top of the landfill
- Creation of plant layer on the entire area of the landfill (the body, the territory that was occupied by leachate lakes, the site of landslide)
To be executed by other contractors
- Any further landfill gas (LFG) extraction system; combustion in gas motor-electro-generator unit
- Any extension of additional leachate treatment facilities
The Rehabilitation Works Contractor (the “Contractor”) shall be responsible for carrying out of all civil, mechanical and electrical work for the entire project under design prepared by the Employer. In addition, the Contractor will have to closely cooperate with a Nominated Subcontractor for installation of the landfill gas extraction and valorisation systems and with another contractor for Supply and installation of the leachate treatment plant with leachate throughput capacities up to 300 m3/day.
*The installation of the leachate treatment facilities, and any additional treatment operation, shall be undertaken by the Employer using his own resources or by appointed third party contractors and are outside the scope of the landfill rehabilitation works of the present contract.
NOTES TO THE TENDERER:
- Scope of Works
At the time of the Contract award, the Employer reserves the right to limit the scope of the procured Works to Phase 1 only. Phase 2 of the Works is subject to the availability of the EIB loan financing.
- Time for Completion:
Total time for the Completion of the Contract – 1 760 days, including the following phases:
- Time for Completion of the Phase 1 - 665 days;
- Time for Completion of the Phase 2 - 1095 days after completion of Phase 1
Defects Notification Period for Phase 1 – 742 days
Defects Notification Period for Phase 2 – 365 days
Both Phase 1 and Phase 2 of the Works will be implemented based on the detailed designs prepared by the Employer.
Tendering for contract to be financed with the proceeds of loans from the Banks is open to firms from all countries. The proceeds of Banks’ loans will not be used for the purpose of any payment to persons or entities, or for any import of goods, if such payment or import is prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations.
To be qualified for the award of a Contract, tenderers must satisfy the following minimum criteria:
- Average annual construction turnover. The average annual turnover over for construction works the last five years is not less than EUR 10,000,000 (ten million euro) equivalent.
- Financial resources. The tenderer must demonstrate that it has access to, or has available, liquid assets, unencumbered real assets, lines of credit, and other financial means sufficient to meet the construction cash flow for the contract for a period of 3 months, estimated as not less than EUR 2 500 000 (two million five hundred thousand euro) equivalent net of the Tenderer’s other commitments, and the overall cash flow requirements for this Contract and its current commitments.
- General experience. The Tenderer must have a General experience under construction contracts in the role of prime contractor, JVCA member, sub-contractor, or management contractor, over at least a 5 (five) years’ period starting 1st January 2014 and with the activity in at least 9 (nine) months in each year.
- Specific experience. For the above and any other contracts executed for at least the last 5 (five) years a minimum number of similar contracts specified below that have been satisfactorily and substantially completed (shall be confirmed by providing Copies of Completion and Taking Over Certificates) as a prime contractor, JVCA member, management contractor or subcontractor between 1st January 2014 and application submission deadline:
- The Tenderer shall have successful experience as prime contractor or management contractor in the execution of at least 1 (one) completed contract of similar nature and complexity with a value of EUR 14 000,000 (fourteen million euro) or 2 (two) contracts of at least EUR 8 000 000, 00 (eight million euro) each or 2 (two) contracts of at least EUR 14 000 000 (fourteen million euro) cumulatively. And the physical size of such rehabilitation is to be not less than 15 hectares each.
- For the above and any other contracts completed and under implementation as prime contractor, JVCA member, management contractor or subcontractor between January 1st 2014 and application submission deadline, a minimum construction experience in the following key activities successfully completed:
- Design or design management of landfill rehabilitation works including design of: earthworks, leachate drainage, final cover systems, landfill gas systems, and associated infrastructure and utilities – at least 2 (two) projects with contract value for design works for the rehabilitation sites of the size of at least 15 hectares or 4 000 000 cubic meters and at least EUR 100 000 (one hundred thousand euro) each during the last 7 (seven) years. (To demonstrate compliance with this particular requirement the tenderers are allowed to claim experience of its specialized subcontractor as a contractor for such works);
- The tenderer must have an experience in at least 3 (three) Landfill rehabilitation works contracts including: earthworks, leachate drainage, final cover systems, landfill gas systems, and associated infrastructure
- The tenderer must have an experience in General earthworks: at least 2 (two) contracts with earthworks of minimum 250 000 m3 each during the last 5 (five) years;
- The tenderer must have an experience in Earthworks involving municipal waste: at least 2 (two) contracts with earthworks using municipal waste of minimum 100 000 m3 each during the last 5 (five) years;
- The tenderer must have an experience in Supply and installation of geomembranes and other geosynthetics for landfill lining and/or final cover: Installation of a minimum of 300 000 m2 of HDPE geomembrane during the last 5 (five) years.
- The tenderer or its personnel must have successfully completed construction contracts under FIDIC conditions of contract
- Personnel Capabilities. The Tenderer shall provide suitably qualified personnel in line with Tender Documents requirements for the Contract.
- Equipment Capabilities. The Tenderer shall provide substantially equipment capabilities as per Tender Documents requirements, etc.
- Joint Venture Requirements. The joint ventures, consortiums and associations (hereinafter – “JVCA”) shall satisfy the following minimal qualification requirements:
- Each partner of JVCA individually shall satisfy the requirements for audited balance sheets, eligibility and litigation history.
- For qualifying criteria Financial Position and General Experience: each partner of JVCA shall meet at least 25 (twenty-five) percent (%) of the criteria, the leading partner shall meet not less than 60 (sixty) percent (%) of the criteria.
- The JVCA must satisfy collectively the criteria for general and specific experience, personnel and equipment capabilities and financial position stated above, for which purpose the relevant figures for each of the partners shall be added to arrive at the joint venture’s total capacity. Individual members of the JVCA must each satisfy the requirements for audited balance sheets and litigation.
- All partners of JVCA jointly shall meet the criteria for Specific Experience
- Subcontractor’s Requirements. Tenderers planning to subcontract more than 10 (ten) percent (%) of total volume of works shall specify, for Phase 1 and Phase 2 proposals, the activity (ies) or parts of the works to be subcontracted along with complete details of the sub-contractors and their qualification and experience. The qualification and experience of the sub-contractors must meet the following minimum criteria for the relevant works to be sub-contracted failing which such sub-contractors will not be permitted to participate:
- the successful experience as a contractor (prime contractor or subcontractor) in the execution at least 2 (two) contracts during the last 5 (five) years, the amount of which is comparable with the cost of works proposed for subcontracting; and
- the successful experience as a contractor (prime contractor or subcontractor) in the execution at least 2 (two) contract during the last 5 (five) years, with a nature and complexity comparable to the proposed works for subcontracting; and
- the shall satisfy the requirements for eligibility.
Subcontractors’ qualification and experience will not be considered for evaluation of the Tenderer (except directly allowed references to the subcontractor’s experience in relevant requirements to specific experience). The Tenderer on its own (without considering the qualification and experience of the subcontractor) should meet the qualifying requirements.
- Licensing requirements. Licensing requirements. The Tenderer shall demonstrate it is able to meet licensing requirements as per Ukrainian legislation. These may include construction license (decree of the Cabinet of Ministers of Ukraine No 1396 of 05.12.2007), design license or availability of certified designers. If a Tenderer does not have a license to perform a particular (separate) type (s) of required work, he may engage a subcontractor holding a relevant license. Additional information related to licensing of economic activity in the sphere of construction associated with the creation of architectural objects can be obtained on the web-site of State Architectural and Construction Inspectorate of Ukraine: http://dabi.uss.gov.ua/licension.shtm
The absence of licenses at the time of submission of the Tender is not a reason for the rejection of the tender. In case of a Contract award, relevant copies have to be provided to the Employer within 28 days of receiving the Letter of Acceptance. If such licenses and permissions are available at the time of the tender submission, copies shall be provided.
- Registration with Ukrainian Tax authorities. At the time the Contract is awarded, the Contractor shall obtain and maintain valid registration with Ukrainian Tax authorities for payment of taxes and duties as required by Tax code of Ukraine and other Ukrainian regulations. If the Contractor or the leading partner of the JVCA is a non-resident of Ukraine, shall establish a registered representation in Ukraine, which has the status of the permanent representation (that is entitled to conduct economic operations, and is a payer of the income tax and a payer of the value added tax in Ukraine on a general basis) (According to the Tax Code of Ukraine; see sub-para.14.1.193, sub-para. 14.1.36, etc. - http://zakon3.rada.gov.ua/laws/show/2755-17/page)
In case of a Contract award, the Contractor will have to establish a permanent office in Ukraine within 28 days of receiving the Letter of Acceptance.
Tender documents may be obtained from the address below upon payment of a non-refundable fee of Euro 300 (three hundred euro) or equivalent amount in Ukrainian Hryvnia (UAH).
- For payment in UAH at the National Bank’s rate on the day of payment:
Lviv Communal Enterprise "ZELENE MISTO"
1, Yerevanska Str., KYIV. UKRAINE
MFO 320478, Account UA133204780000026008924428687
Identification Code 13838331
No. of certificate of VAT payer 1713504500224
Individual tax number 138383313503
- For payment in EUR:
CORRESPONDENT BANK: COMMERZBANK AG
Neue Mainzer Strasse 32-36,
60261 Frankfurt Am Main, Germany
BANK OF BENEFICIARY"S: JSB “UKRGASBANK”
1, Yerevanska Str., KYIV. UKRAINE
BENEFICIARY: Lviv Communal Enterprise “ZELENE MISTO”
Account of beneficiary UA133204780000026008924428687
ACCOUNT BANK OF BENEFICIARY: 4008864332 01
It is necessary to state in the payment document:
- the name of the payer;
- the name of the Beneficiary Lviv Communal Enterprise “Zelene misto”,
- details of payment (for tender LSWP-LR, ref.№9004-GPN-49437).
The EUR 300 payment includes expenses for duplication, delivery via registered express courier and communication services (VAT inclusive, and exclusive of Bank commission and other fees, which shall be paid by the tenderer). The method of payment will be direct deposit to any of the specified account numbers for respective currency.
Upon receiving appropriate evidence of payment of the non-refundable fee, the tender documents shall be distributed electronically in PDF and MS Word formats to the email address, indicated in the written request; however, no liability can be accepted for non-delivery or late delivery. In the event of any discrepancy between PDF and MS Word versions of the documents, the PDF version shall prevail.
A pre-tender meeting will not be held.
A site visit will be held on September 19, 2019, 11:00 (local time) at the address: Hrybovychi landfill, village Velyki Hrybovychi, Lviv region, Ukraine
All requests for clarification must be received by the Employer till September 26, 2019, 14:00 (local time). Please, note that all the requests for clarification received after the deadline will not be addressed.
Tenders must be delivered to the office at the address below on or before October 18, 2019, 12:00 (local time), at which time they will be opened in the presence of those tenderers’ representatives who choose to attend.
All tenders must be accompanied by a Tender Security of Euro 300 000 (three hundred thousand euros) or its equivalent in another convertible currency, and must be delivered to the address below on or before October 18, 2019, 12:00 (local time), at which time they will be opened in the presence of the tenderers’ representatives who wish to attend.
The applicable procurement rules are the Bank’s Procurement Policies and Rules (Rev. November 2017) which can be located at: https://www.ebrd.com/work-with-us/procurement/policies-and-rules.html.
A register of potential tenderers who have purchased the tender documents may be inspected at the address below.
Prospective tenderers may obtain further information from, and inspect and acquire the tender documents at, the following office:
Lviv Communal Enterprise “Zelene misto”
Address: 1, Rynok Sq., City Hal
Floor/Room number: 4th floor, room 418
Postal Code: 79008
Telephone number: +38 (032) 297 55 78