European Communities – Works contracts – open procedure 18/10/2008 S203
ted.europa.eu
PL- Warsaw: construction work for tunnels, shafts and subways 2008/S 203-269416
CONTRACT NOTICE Works
SECTION I: CONTRACTING AUTHORITY
I.1) NAME, ADDRESSES AND CONTACT POINT(S):
The Capital City of Warsaw represented by the Warsaw Transport Authority, in the name of which and for whose interest does Metro Warszawskie LTD, Wilczy Dół 5 Str., act for. Contact: Warsaw, Wilczy Dół 5 Str., Building: 3C; room 101, Attn: Ewa Okła, 02-798 Warsaw. Tel. (48-22) 655 46 76. E-mail:
e.okla@metro.waw.pl. Fax: (48-22) 655 46 87.
Internet address(es):
General address of the contracting authority: www.metro.waw.pl.
Further information can be obtained at: As in above-mentioned contact point(s).
Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained at: As in above-mentioned contact point(s).
Tenders or requests to participate must be sent: As in above-mentioned contact point(s).
I.2) TYPE OF THE CONTRACTING INSTITUTION AND ITS MAIN SUBJECT(S) OF ACTIVITY:
Subject of public law.
Construction and communal objects.
Institution does make a purchase in the name of other contracting institutions: no.
SECTION II: SUBJECT OF THE CONTRACT II.1) DESCRIPTION:
II.1.1) Name given in the contract by the contracting institution:
Project and construction of the 2nd subway line from the Rondo Daszyńskieg Station to Dworzec Wileński Station in Warsaw.
II.1.2) Type of contract and location of construction works, place of deliveries’ realization:
Construction works.
Project and realization.
Main place or location of construction works: Warsaw.
NUTS Code: PL127 II.1.3) Notice refers to:
Public order.
II.1.4) Information on the skeleton agreement: no data was put here1 II.1.5) Short description of the contract or purchase(s):
The Subject of the Contract is the realization of Project Documentation together with obtainment of necessary settlements, working drawings, their description and calculations for the needs of realization of the Subject of the Contract, preparation of all documents essential for acquiring by the Contractor the decision on building permit and approving the building project as well as preparation of the movement plan for mining works approved by respective mining supervisory body, in accordance to the Orders of the Minister of Interior and Administration dated June 14, 2002 in the matter of movement plans for mining works (Law Gazette nr. 94, pos. 840 with latter changes), elaboration of Technical Specification of Realization and Acceptance of Works and realization, in accordance to above-mentioned Project Documentation and Technical Specification of Realization and Acceptance of Works, of the 2nd subway line between Rondo Daszyński and Dworzec Wileński Station in Warsaw together with preparation of all documents necessary for obtaining the exploitation permit by the Contracting Institution.
II.1.6) Common procurement vocabulary (CPV): 45221200.
II.1.7) The contract is covered by the Agreement on Governmental Procurement: Yes.
II.1.8) Decollation: no.
II.1.9) Making a variant offer is allowed: no.
II.2) SIZE OR RANGE OF THE CONTRACT II.2.1) Total size or range: above 20 000 000 EUR.
II.2.2) Options: No.
II. 3) CONTRACT DURATION OR REALIZATION TERM:
Time in months: 48 (since signing the contract)
SECTION III: INFORMATION ON LEGAL, ECONOMICAL, FINANCIAL AND TECHNICAL CHARACTER
III.1) CONDITIONS OF THE CONTRACT III.1.1) Required deposits and guarantees:
Deposit: 30 000 000,00 PLN. The Constructor, whose offer will be chosen as the optimum, will be obliged to lodge a guarantee of proper realization of the Contract prior to its signing, which amounts to 6% of Contract’s value with VAT.
1 In italics please find the comments of the translator
III.1.2) Main conditions of financing and payment and/or reference to respective regulations: no data III.1.3) Legal form that should be adopted by the group of constructors to whom the order will be granted:
The Orderer, prior to signing the Contract referring to public order, will demand, in due time appointed by the Orderer, an agreement regulating the cooperation of constructors who jointly apply for the order. The agreement regulating the cooperation of constructors who jointly apply for the order should contain: - description of the economic goal and range of works performed by each of the subjects; - declaration of the subjects on taking joint responsibility; - indication of the subject who is designated to manage affairs, therein calculate costs of realization of the Subject of the Contract, and represent outside (leader of the consortium); - determination of the duration f the agreement; - it is necessary for the duration period not to be shorter than the time of Contract realization; - it is forbidden to introduce any changes to the Contract without Orderer’s consent;
III.1.4) Other special conditions referring to the realization of the order:
Yes.
For usage of mining techniques it is required to be in disposition of people, have authorization and fulfill requirements specified by the provisions of the Act dated February 4, 1994 – Geological and Mining Law (ie. Law Gazette 2005, nr 228, pos 1947 with latter changes), which apply to subway construction.
III.2) PARTICIPATION CONDITIONS
III.2.1) Subjective situation of constructors, therein requirements concerning registration in professional or trade register:
Information and formalities necessary to assess the fulfillment of requirements: Constructors who are not liable to exclusion based on art. 24 part 1 and 2 of Public Orders Law and fulfill the requirements of art.22 part 1 point 1-3 of the same act may take part in the procedure. Constructors who jointly apply for the Contract must show that each of them fulfills above-mentioned conditions. As a confirmation constructor will deliver: 1. Declaration of fulfilling requirements of art. 22 part 1 of Public Orders Law; 2. Actual excerpt from respective register or actual certificate of enrollment to economic activity record, if separate provisions require the registration or enrollment to economic activity record, issued not earlier than 6 months before the expiration of the time limit for receipt of tenders; 3. Actual information from National Criminal Record in the range specified in art. 24 part 1 point 4-8 of Public Orders Law, issued not earlier than 6 months before the expiration of the time limit for receipt of tenders; 4. Actual information from National Criminal Record in the range specified in art. 24 part 1 point 9 of Public Orders Law, issued not earlier than 6 months before the expiration of the time limit for receipt of tenders; 5. Actual certificate from respective Tax Office head and respective branch of Social Insurance (ZUS) or Agricultural Social Insurance Fund (KRUS)
confirming respectively, that the Constructor does not fall behind with paying taxes, charges and contributions for health and social insurance, or a certificate confirming that he acquired an absolution, postponement or time payment of the due payments, or an arrest in whole of the execution of the respective authority’s decision. Above – mentioned certificates must be issued not earlier than 3 months before the expiration of the time limit for receipt of tenders; 6. Power of Attorney to represent all Constructors jointly applying for the Contract. Proxy may be established for representation of Constructors in the procedure or for representation in the procedure and conclusion of contract. The PoA should be delivered in original version. 7. Power of Attorney to sign the offer, so long as the right to sign the offer does not appear in other documents delivered together with the offer. PoA should be delivered in original version. 8. If the Constructor has a registered office outside of Polish territory, instead of documents mentioned in points 2,4,5, delivers documents, issued in the country of the registered office location, confirming respectively, that: - its liquidation has not been initiated and bankruptcy petition has not been filed; - prohibition for applying for the contract has not been introduced referring to it; - it does not fall behind with paying charges, taxes, contributions for health and social insurance or has acquired an absolution, postponement or time payment of the due payments, or an arrest in whole of the execution of the respective authority’s decision. If the Constructor has a registered office outside of Polish territory, instead of documents mentioned in point 3, delivers certificate of respective court or administrative authority in the country of origin or residence of person, to whom documents refer, in the range specified in art. 24 part 1 point 4-8 of Public Orders Law. If in the country of person’s origin or registered office of the Constructor above – mentioned documents are not issued, they should be replaced with document containing a declaration made in front of notary public, respective court or administrative authority, or body of professional or economical self-government respectively in the country of origin of the person or in the country of residence/where the registered office of the Constructor is. Any documents issued in foreign language should be delivered together with a translation certified by the Constructor. Documents mentioned in points 2, 3, 4 should be issued not earlier than 6 months before the date of making a bid for participating in the procedure. Document mentioned in point 5 should be issued not earlier than 3 before the date of making a bid for participating in the procedure; 9. In the case of Constructors jointly applying for the Contract, documents mentioned in points 2 and 5, and respective documents specified in point 8 should, be delivered by each Constructor. 10. Constructors jointly applying for the Contract should appoint a proxy to represent them in the procedure or represent them in the procedure and sign the contract in the matter of this order. The Powers of Attorney should be enclosed to the offer.
III.2.2) Economical and financial ability:
Information and formalities necessary to assess the fulfillment of requirements: 1. Balance and profit and loss account, and if they are revised by an expert auditor according to the accountancy law, also opinion on the revised balance and profit and loss account for the last 3 working years, if the period of activity is shorter – for that period. In the case of Constructors not obliged to draw up a balance and profit and loss account – other documents describing sales and financial obligations and receivables for a period like in the previous sentence. 2. Information from the bank in which the Constructors has an account, confirming that the amount of means and/or creditworthiness are not lower than specified in point III.2.20 of this notice. Above – mentioned documents need to be issued not earlier than 3 months before the time limit for receipt of tenders.
Minimal level of possibly required standards: 1. Constructors will show an average yearly income for the last 3 working years, and if the period of activity is shorter – for all full working years (Based on
“Profit and loss account”, position “Nett income from sales of products, goods and materials” or
“Nett income from sales and equalized with them”) in the amount not lower than: 1 000 000 000 PLN.
Constructors jointly applying for the contract have to show, that they fulfill the condition together.
2. Constructors have in own funds or have creditworthiness in the amount not lower than 250 000 000 PLN- it is allowed to show here the means from operating credit or other, as far as the means are not destined for a specific purpose. Constructors jointly applying for the contract must show that they fulfill this condition together.
III.2.3) Technical ability:
Information and formalities necessary to assess the fulfillment of requirements: 1. Information on people who will direct the realization of the contract. Information has to contain date on qualifications of the appointed people, confirming fulfillment of conditions specified in point III.2.3) and copies of required builder licenses for performing independent technical functions in construction together with actual certificate of registration in appropriate chamber of professional self-governance in accordance with the act dated December 15, 2000 – Law on architectural, construction and city- planning self-governances (Law Gazette 2001, nr 5, pos. 42 with latter changes). As builder licenses we understand authorizations for performing independent technical functions in construction issued basing on Construction Law dated July 7, 1994 (Law Gazette 2006, nr 156, pos 1118 with latter changes) and Order of the Minister of Transport and Construction dated April 28, 2006 about independent technical functions in construction (Law Gazette nr 83, pos. 578 with latter changes) or analogical to them other effective builder licenses issued by virtue of earlier provisions. If people appointed by the Constructor are in possession of licenses for performing independent technical functions in construction issued in other EU membership countries – Constructor is obliged to deliver together with Appendix 7 to SIWZ (Specification of Important Conditions of the Order) to the Offer
the above – mentioned licenses or enrollment to the list of members of appropriate organization of professional self-government in the membership country of the EU, in which the Constructor has a registered office, accordingly to the provisions of the country of origin. If in the given membership country such licenses are not issued or there is no professional self – government collecting a list of authorized people, Constructor delivers together with Appendix 7 to SIWZ a declaration saying that in the membership country where he has a registered office, such documents are no issued and people appointed in Appendix 7 to SIWZ have qualifications for performing specified functions in construction, accordingly to the requirements of the country of origin. 2. Specification of construction works in the period of 5 years before the first day of the procedure of awarding a contract, and if the period of activity is shorter – in this period, which correspond in terms of type and value with the works which are constituting Subject of the Contract, confirming fulfillment of conditions specified in point III-2.3) of this notice, with a subject of the contract, date and addresses of the receivers of the realized order and documents confirming that the order was realized properly. 3. Information on the equipment which is impermanent disposal of the Constructor required for realization of the Contract, confirming fulfillment of condition specified in point III.2.3) of this notice. One should give a form of possession of TBM (ownership, leasing, rent, tenancy etc.). It is necessary to give technical parameters of mechanized wheels/disks (I am not sure, what is the exact technical term) with diameter not smaller than 550 cm, at the proposed technique of performing this works. Furthermore TBM should be described (model/force/production date/producer/current location etc.).
Minimal level of possibly required standards: 1. Constructors are in disposition of people, who will direct the realization of the Contract and who have the above – mentioned experience and qualifications appropriate for posts they will occupy, in particular builder licenses specified in Construction Law dated July 7, 1994 or who fulfill requirements and have authorizations specified in provisions effective in EU membership country, in accordance to Directive 2004/18/WE dated March 31, 2004 about coordination of procedures of giving public orders for construction works, deliveries and services. Constructor is obliged to give at least one candidate for each of the following functions: 1) Manager of the Constructor’s Contract. Higher technical education or foreign higher studies recognized in Poland as equal. At least 8 years of experience in managing similar contracts, i.e. building subways or underground rail haulage in the city. 2) Manager of the construction of subway objects built with mechanized disk. At least 5 years of experience in managing construction on similar contracts i.e. building subways or underground rail haulage in the city, in the range of constructing underground objects with mechanized disks. 3) Person for designing and person for management of construction works, having builder licenses without limitations, in specialty: - architectural, - constructional, - roads, - railroads, - telecommunication, - installations
(heat, ventilation, gas, water supply, sewage), - installations in the area of networks, installations and devices, electrical and electro-energetical, at least one person for each of the above-mentioned specialties. The Orderer stipulates that in the area of Constructor’s duties will be assurance of full occupation of posts with people authorized to design and realize works also in specialties not mentioned above, if there appears such necessity. People appointed by the Constructor, who will manage the realization of the order, should have, prior to preparing project documentation and realizing it, builder licenses for projecting or managing construction works in their specialty effective on the territory of Poland, in accordance with Construction Law. Constructor has also to be in disposition, while realizing the order, of people fulfilling requirements and having qualifications proper for the posts given to them, in accordance with provision of the act dated February 4, 1994 – Geological and Mining Law and Order of the Economy Minister dated July 11, 2006 (Law Gazette nr 84, pos. 755). Constructors jointly applying for the Contract have to show, that they together are fulfilling the above-mentioned conditions referring to human resources. 2. The Constructors will show, that within last 5 years before the first day of the procedure, and if the activity period is shorter – within that period (i.e. they finished in that period) they built: 1) at least 5 km of tunnel made with TBM for railroad, subway or road investments, and additionally 1 km of tunnel for underground rail haulage in the city together with performing all construction works and equipping the objects with all installations, devices and whole-line systems. 2) At least two stations, with passage of the TBM disks through construction of the station. 3) At least two stations without passage of the TBM disks through the construction of the station. Above-mentioned conditions have to be fulfilled collectively.
Constructors jointly applying for the contract have to show they fulfill the condition together. 3. The Constructors will be in disposition, not later than within 20 months from signing the contract, of at least 2 mechanized disks for drilling the tunnels. Constructors jointly applying for the Contract have to show that they together fulfill this condition.
III.2.4) Reserved orders: No.
III.3) SPECIFIC CONDITIONS REFERING TO THE SERVICES’ ORDERS:
III.3.1) Providing services is reserved for specified profession: no data
III.3.2) Corporate bodies should point names and professional qualifications of people responsible for providing the service: no data
SECTION IV: PROCEDURE:
IV.1) TYPE OF PROCEDURE IV.1.1) Type of procedure: open
IV.1.2) Limitation of the number of constructors who will be invited for making an offer or participation:
no data
IV.1.3) Reduction of number of constructors during negotiations or dialogue: no data IV.2) CRITERIA OF GRANTING THE CONTRACT
IV.2.1) Criteria of granting the contract:
Lowest price.
IV.2.2) Electronic auction will be used: no.
IV.3) ADMINISTRATIVE INFORMATION
IV.3.1) Reference number given by the ordering institution: EH/500/45/E/08.
IV.3.2) Previous publications referring to the same order: No.
IV.3.3) Conditions for obtaining specifications and additional documents or descriptive document:
Time limit for receipt of requests for documents or for accessing documents:
February 16, 2009, 12:00.
Payable documents:
Price: 48 PLN.
Conditions and way of payment: transfer on Metro Warszawskie Ltd. Account: Bank Pekao SA nr 77 1240 6003 1111 0000 4940 9725.
IV.3.4) Time limit for receipt of tenders or requests to participate:
February 16, 2009 - 12:00.
IV.3.5) Date of sending invitations for making offers or requests to participate: no data IV.3.6) Language(s) in which tenders or requests to participate may be drawn up:
Polish.
IV.3.7) Minimal period during which bidder will be bound with the offer:
Period in days: 90 (since the appointed date for making offers).
IV.3.8) Conditions of opening the offers:
Date: February 16, 2009 – 12:30.
Location: Metro Warszawskie Ltd., Warsaw, Wilczy Dół 5 Str., building 3C, room 101C.
People authorized to be present during opening of the offers: no.
SECTION VI: ADDITIONAL INFORMATION
VI.1) IT IS AN ORDER WITH REPETITIVE CHARACTER: no.
VI.2) ORDER DOES REFER TO THE PROJECT/PROGRAM FINANCED FROM EU FUNDS: yes.
Reference of the projects and/or programs: Project and construction of the second subway line from
“Rondo Daszyńskiego” station to “Dworzec Wileński” station in Warsaw is applying for co-financing by European Union from Cohesion Fund within the framework of “Infrastructure and Environment”
Operational Programme.
VI.3) ADDITIONAL INFORMATION: no data
VI.4) APELLATE PROCEDURES:
VI.4.1) Body responsible for appellate procedures:
Public Procurement Office, Al. Szucha 2/4, PL-00-582 Warsaw, tel. (48-22) 458 77 77. Fax (48-22) 458 77 00.
VI.4.2) Delivering appeals:
Precise information on terms of appeals delivery: In accordance with section VI of Public Orders Law dated January 29, 2004 (i.e. Law Gazette 2007, nr 223, pos 1655).
VI.4.3) Source of information on appeals delivery:
Public Procurement Office, Al. Szucha 2/4, PL-00-582 Warsaw, tel. (48-22) 458 77 77. Fax (48-22) 458 77 00.
VI.5) DATE OF ISSUANCE OF THIS NOTICE:
October 15, 2008.
OTHER AVAILABLE DOCUMENTS:
1) Specification of important conditions of the contract with appendixes (SIWZ) 2) Information on possible locations of storing the digs
3) Declarations about being in disposition of the properties 4) Technical documentation
