Anaklia Deep Water Port

Request for Proposal

Bulk Terminal EIA Report

ADC-001-PR-RFP-014

April 28, 2018

6 Marjanishvili Street 0102,

[email protected]

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Table of Contents SUMMARY INFORMATION ...... 3 1. INTRODUCTION ...... 4 1.1 Closing Date and Time ...... 4 1.2 List of Acronyms & Definitions ...... 4 2. PROJECT DESCRIPTION ...... 4 3. MAIN CONDITIONS ...... 7 4. SCOPE OF WORKS ...... 9 5. FORM ...... 10 OF PROPOSAL ...... 10 6. EVALUATION ...... 10 SCHEDULE A – SCOPE & SPECIFICATIONS FOR BULK TERMINAL EIA REPORT ...... 11 Baseline Studies and Impact Assessment/Mitigation ...... 11 Screening and Scoping Report ...... 11 Environmental Management and Monitoring Plan ...... 12 Public Consultation ...... 13 7. Coordination of permitting process: ...... 13 8. Bidder shall include in the price: ...... 13 9. For project deliverables refer to Appendix 18 of this TRP ...... 14 SCHEDULE B – FORM OF PROPOSAL ...... 15 SCHEDULE B‐1 – RESPONDENT’S TECHNICAL & FINANCIAL PROPOSAL ...... 17 SCHEDULE C – APPENDICES ...... 19 SCHEDULE D – PROJECT MILESTONE SCHEDULE ...... 20

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SUMMARY INFORMATION

Description Date

RFP issued, sent to prospective respondents 28.04.18

Services requested Bulk Terminal EIA Report

RFP questions due 5nd May 2018, 19:00, Georgia Standard Time (GET)

Addenda or clarifications posted (if necessary) 8th May 2018, 19:00 Georgia Standard Time (GET)

Project Program Manager Mr. Giorgi Mirtskhulava

Inquiries contact information

Closing date and time to submit Proposals 14 May 2018 19:00, Georgia Standard Time (GET)

Proposal submittal Via www.Etenders.ge ‐ platform

Proposed interviews, Tbilisi, Georgia 15-18nd May 2018 (if required)

Form of Proposal See Schedule B

Form of Contract See Appendix 1 of Schedule C

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1. INTRODUCTION Anaklia Development Consortium LLC (“ADC”) invites pre‐qualified interested parties (the “Respondents”) with relevant experience to submit a Proposal under this Request For Proposal (the “RFP”).

1.1 Closing Date and Time To participate, a Respondent must deliver its Proposal in accordance with the instructions set forth in this RFP before the Closing Date and Time specified in the Summary Information.

1.2 List of Acronyms & Definitions The table below has been compiled to provide a list of the key consolidated abbreviations and technical terminology for this project. It is not meant to be inclusive of all acronyms/terminology.

Abbreviati Description on Anaklia Development Consortium LLC, who engages the Respondent, and legal successors to ADC and ADC permitted assignees Client ADC

Contractor Respondent Means a formal written contract between ADC and a Selected Respondent to undertake the Services/Works, Contract the preferred form of which is attached as Appendix 1 of Schedule C EBRD European Bank for Reconstruction and Development Employer ADC EoI Expression of Interest EU European Union FIZ Free Industrial Zone Grantor Government of Georgia HALO The HALO Trust – Hazardous Areas Life Support Organization – is a leading mine clearance NGO IA 3 October 2016 Investment Agreement between ADC and the Grantor relating to the build, operation and transfer of the Anaklia Deep Water Black Sea Port IFC International Finance Corporation ILO International Labor Organization MRDI Ministry of Regional Development and Infrastructure of Georgia Proposal Documents/package to be submitted by the Respondents based on the RFP Who is engaged by ADC to perform the Services/Works, and legal successors to the Respondent and Respondent permitted assignees RFP Request for Proposal SOW Scope of Work Tender Documents/Package uploaded on etenders.ge by ADC documents TEU Twenty Foot Equivalent Container

2. PROJECT DESCRIPTION ADC has been awarded the right to develop, construct and operate the Anaklia Deep Water Black Sea Port on a design, finance, build, operate and transfer basis under the Investment Agreement executed with the Grantor (the “IA”, as amended from time to time). The Anaklia Port is a greenfield port project located on

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the Black Sea at a focal point on the historic Silk Road between China and Europe. The Anaklia Port site is located just south of the River and the village of Anaklia on the Black Sea, and just north of the Kolkheti National Park in the Samegrelo‐Zemo Svaneti Region of Georgia. The multi-commodity terminal will be developed in phases on approximately 340 hectares. Phase 1 will include a container terminal capable of accommodating a 10,000 TEU vessel and a dry bulk terminal capable of handling Panamax vessels with subsequent phases to expand container and dry bulk capacity in addition to constructing an unspecified liquid bulk terminal in future phases. ADC has prepared a concept design Master Plan for the Anaklia Port as per the guidelines of the IA, completed the project’s environmental assessment, undertaken a wide range of feasibility, technical, and engineering studies, in addition to obtaining regulatory approvals and project permitting for the facility development. Additional information on the Anaklia Port project can be found at www.anakliadevelopment.com

The Master Plan for the Anaklia Port has been prepared by ADC and comprises the planned development of Phases 1‐9. The site earmarked for port development is located near Anaklia, Georgia (42°23´ N, 41°43´ E). Refer to Figure 1 for the on‐shore boundary of the proposed development. The marine part of the project covers 225 ha.

Figure 1: Anaklia Port Boundaries

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Figure 2: Concept Layout

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3. MAIN CONDITIONS

Not an offer This RFP does not constitute an offer. No agreement shall result upon the submission of Proposals. ADC shall not be under obligation to enter into any agreement with anyone in connection with this RFP and responses received. ADC will not have any obligation to anyone in connection with this RFP unless ADC executes and delivers an agreement in writing approved by ADC’s authorized signing authorities.

Reservation of Rights ADC reserves the right to accept the Proposal that it deems most advantageous, and the right to reject any or all Proposals for any reason, in each case without giving notice. ADC reserves the right to contract only for selected services, products, or compensation. ADC reserves the right to negotiate with any Respondent as it sees fit, or with another Respondent or Respondents concurrently. In no event will ADC be required to offer any modified terms to any other Respondent. ADC also reserves the right not to accept any Proposal submitted, and may seek additional or further Proposals from any other party or parties. ADC shall incur no liability to any other Respondent as a result of such negotiations or modifications.

Respondent's Responsibility Respondents shall thoroughly examine all RFP documents and make independent judgement as to the circumstances and conditions affecting their Proposal. Failure on the part of Respondents to examine and investigate thoroughly shall not be grounds for any claim that Respondent did not understand the conditions of the Proposal. Each Respondent shall, before submitting its Proposal, thoroughly examine and assess the requirements and specifications set out in the RFP, the financial resources, management and labor, equipment and materials needed, all relevant laws, rules, notices, directives, standards, orders and regulations, licensing and permit requirements and other circumstances that may affect its Proposal. Submission of a Proposal constitutes a representation by the Respondent that it is familiar with and accepts all the foregoing.

Respondent’s Expenses All Proposals shall be prepared and submitted at the expense of the Respondent. No Respondent shall have any claim for any compensation of any kind whatsoever, as a result of participating in this RFP, and by submitting a Proposal each Respondent shall be deemed to have agreed that it has no claim. ADC shall not be under any obligation to return or save either the original or any copies of any Respondent’s Proposal, and all documents submitted, whether original or copies, shall be kept or disposed of by ADC.

Confidentiality All submissions become the property of ADC and will not be returned to the Respondent. ADC will hold all submissions in confidence unless otherwise required by law.

Release Each party submitting a Proposal, by submitting a Proposal, accepts all of the conditions and stipulations set out herein, and acknowledges and agrees that ADC will have no liability or obligation to any Respondent except only the party, or parties, if any, awarded an agreement by ADC in its sole discretion, and agrees that, if not awarded an agreement, then, whether or not any express or implied obligation has been discharged by ADC, ADC shall be fully and forever released and discharged of all liability and obligation in connection with the RFP and all related matters, and all procedures which preceded.

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Health & Safety Requirements (H&S) Contractor and its subcontractors shall protect employees from all worksite exposures and shall have received appropriate training before beginning Contractor’s Work at the Project site. Prevention of accidents and adverse environmental impacts (i.e., incidents) on or near Contractor's Work is Contractor's responsibility. Contractor shall take all necessary precautions to assure the safety of all persons, property and the protection of the environment during performance of Contractor's Work and will protect Contractor’s Work and adjacent property from damage caused by Contractor's operations. Contractor will conform to all applicable laws and regulations relating to health, safety and the environment (HSE) and with site-specific health and safety and environmental plans, and any required activity-specific environmental plans. Contractor shall designate a qualified representative(s) responsible for assuring safety and environment are implemented at the Project site. Contractor shall at all times be solely responsible for all aspects of HSE in connection with Contractor's Work and any Subcontractor work, including initiating, maintaining and supervising, and complying with all HSE precautions, permits and plans, even if ADC establishes an HSE program for the entire Project. As minimum contractor shall comply with H&S requirements described in Appendix 4. At RFP stage, bidder shall provide company’s general H&S Management Plan and KPI’s for last two-year performance period.

Law This RFP shall be governed by and construed in accordance with the laws of Georgia, which shall be deemed the proper law thereof.

Language Official language is English.

Examination of RFP Respondents will be deemed to have carefully examined the RFP, including all Attachments, prior to preparing and submitting a Proposal with respect to any and all facts that may influence a Proposal.

Inquiries All questions related to this RFP must be directed in writing on etenders.ge, before the final date for questions set out above in the Summary of Information. Respondents finding discrepancies or omissions in the RFP, or having doubts as to the meaning or intent of any provision, should immediately notify ADC via etenders.ge platform. No oral conversation will affect or modify the terms of this RFP or may be relied upon by any Respondent.

Addenda Process If an amendment is required to this RFP, a written addendum that will form part of this RFP will be issued. Any changes relating to this RFP will be provided to Respondents by means of written addenda via etenders.ge platform. The Respondent shall be deemed to have acknowledged such addenda; and by submitting a Proposal each Respondent shall be deemed to have agreed with this process related to the addenda. Information given orally will not be binding.

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4. SCOPE OF WORKS Anaklia Development Consortium (ADC) is requesting a proposal from your firm (contractor) to perform an Environmental Impact Assessment (EIA) to be performed as part of the Anaklia Deep Sea Port Project. ADC is requesting a proposal from your firm (Consultant) to prepare the EIA report based on the national requirements. The EIA will provide environmental analysis to support ADC’s decision making on the preferred action direction for the Anaklia Deep Sea Port Project.

Consultant’s proposal shall consist of a narrative overview description of tasks, deliverables for each task, completion date for each task, and a budget schedule showing approximate level of effort and costs by task for each. Pricing for the initial screening and scoping effort will be a firm fixed price. Pricing for the remaining activities will initially be estimated costs until the completion of the screening and scoping effort. Following completion of the screening and scoping report, the budgets for the remaining tasks will be finalized and will be converted to firm fixed price for each of the tasks and their associated deliverables. Where appropriate, key assumptions are included below.

ADC has already developed EIA study for container terminal and obtained Construction Permit for construction and operation of the phase 1 project. Currently ADC is adding bulk terminal to the existing container terminal area and thus is subject of the EIA procedures for the bulk terminal as required under Georgian legislation. The project is assumed to be a Category A project for purposes of the requirements and standards of the EIA report. This shall be confirmed by the Consultant during the screening and scoping effort.

ADC already holds existing baseline data and references that would otherwise be investigated and sought by the Consultant, and it is the intent of ADC to have the Consultant review the existing documents and incorporate any information to the data collection process in order to meet the requirements of the National laws of Georgia for completion of the EIA report. ADC also holds Maximum Permissible Air Emission Discharge and Maximum Permissible Water Discharge Documents, Waste Management Plan and Emergency Response Plan. These documents need to be updated and included into the bulk terminal requirements. It is assumed that having baseline data and document required under Georgian legislation will greatly reduce the upfront requirements and costs for the consultants.

All information and correspondence with ADC shall be in English and Georgian and ADC shall have ownership of all data and information collected (in original format) as part of the EIA process. The EIA report including screening scoping documents both will be submitted in Georgian and English languages.

For the specific scope of works please refer to Schedule A of this RFP

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5. FORM OF PROPOSAL

Form of Proposal and submission instructions Proposals must be submitted in the Form of Proposal set out below as Schedule B. Proposals shall be submitted electronically to ADC via etenders.ge and wherever applicable deliver hard copy package to the ADC office, 6 Marjanishvili Street, Tbilisi 0102, Georgia, latest Monday May 14, 2018 ‐ 19:00 p.m. Tbilisi Time.

Signature Proposals shall be submitted under the signature of individuals authorized to sign such Proposals and commit the Respondent’s firm to provide the services contemplated in the RFP. In the case of a joint submission, Proposals shall be clear and signed by an authorized signatory for the Respondents or Respondent group.

Schedule for Selection Proposals will be reviewed on receipt and ranked based on thoroughness, quality of the proposed team, experience, project approach and proposed cost. The selection team will then determine if the selection can be made based on the submittals or if in‐person interviews will be required to ask questions or confirm qualifications.

6. EVALUATION

Qualifications and Evaluation Criteria All submitted proposals that meet the proposal format and requirements outlined in this RFP will be reviewed and ranked by ADC. Evaluation criteria will include: 1. Extent, relevant experience and qualifications for the proposed project manager and key project personnel. 2. Quality of the narrative describing the process, timeline and resource requirements necessary to complete the Scope of Work described in Schedule A of this RFP. 3. Project understanding and Respondents approach to delivering best quality best service to client. 4. The respondents will be competitively evaluated on the basis of their proposed unit rates, proposed price. 5. Company HSE policy 6. Project Schedule with defined completion dates of various sites and works. 7. Payment Terms.

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SCHEDULE A – SCOPE & SPECIFICATIONS FOR BULK TERMINAL EIA REPORT

Baseline Studies and Impact Assessment/Mitigation ADC expects consultant to develop Air, Noise, Traffic and Landscape baseline studies. Consultant on the other hand shall advise ADC on the additional baseline studies, investigations and modelling that are required to be performed to complete the EIA and impact assessment/mitigation. These studies will be detailed in the Screening and Scoping effort. Consultant shall review and analyze the data collected through these baseline studies, in conjunction with the baseline data collected through the screening effort to determine and assess the impacts and mitigation measures. These studies and assessments shall include requirements of National Legislation. Consultant shall provide separate Baseline Data Reports (English/Georgian) to client for review and approval.

Screening and Scoping Report Consultant will perform a Screening exercise and analysis to determine the requirements of the EIA. Consultant will identify the consequences of the screening to determine the complete requirements of the EIA. Tasks associated with the Screening effort include but are not limited to:

• Impacts: Evaluate the project and identify potential impacts from both environmental and social issues. • Data Collection: Collect all available data on the present baseline situation for review and analysis. Consultant shall utilize data collected and available from past projects performed by the Consultant relevant for the Anaklia Deep Sea Port, internet, libraries, local and departmental authorities, data shared by ADC and internal databases available to the Consultant. • National Legislation Requirement Summary: Perform an analysis of the national legislation on the EIA and consult government officials as necessary.

Consultant will then perform a Scoping step to identify key issues in an early stage of the planning process so that they can be further addressed in the future stages of the EIA process. The project and activities will be studied and translated into potential impacts quantitatively. Consultant shall “scope-out” non-relevant issues at this phase to determine only required issues to be addressed as part of the EIA. Tasks associated with the Screening and Scoping effort include but are not limited to:

• Evaluate the project and identify potential impacts from both environmental and social issues. • Perform site visits as required. • Determine the requirements of the detailed studies to be performed based on any data gaps following the screening process. The evaluation and determination of these data gaps shall be such that the EIA meets the requirements of National Laws. • Determine permitting requirements. • Identify project stakeholders, key stakeholder groups and propose public consultation strategies. • Provide a detailed time schedule of activities to be completed through the final EIA report. This schedule shall include all baseline studies, data collection activities, impact assessments, mitigation measures, draft EIA, management plan, public consultation, updating of the EIA relevant document (MPD, Emergency response plan etc) and final EIA.

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Deliverable: Complete Screening and Scoping Report - provided to ADC for review. Complete Baseline Data Reports (English/Georgian) submitted to client for review and approval.

Other Considerations: It is intended that this task will be a collaborative effort with weekly status updates and additional communication as required.

Schedule: Consultant shall provide this report within four (4) weeks from receipt of data from the client and baseline data (air, noise, landscape, traffic) conducted by consultant.

Draft Environmental Impact Assessment Report

Consultant shall provide ADC with a draft EIA report in accordance with National Legislation following review, analyzation and assessment of baseline data and investigations. Consultant shall also liaise with the project designer during this stage to allow for a collaborate effort for any required design changes and mitigations from potential impacts. This report should be inclusive but not limited to the following:

• Executive and Technical Summary – brief overview of all sections with particular emphasis on possible impacts and technical measures; • Introduction and inventory of all applicable law, policies, conventions, regulatory framework, on all levels (local, national and international); • Legal and Institutional Framework – Analyze national laws, international conventions and IFC performance standards; • Description of the project and all activities in construction and operation phase; • Baseline Data -Environmental Issues relevance, baseline situations, potential and expected impacts, knowledge gaps, needs and possibilities of mitigation and need for monitoring. Environmental issues shall include the following at a minimum: climate, geology, geomorphology, mineral resources, natural hazards, coastal processes, flora and fauna, soils, land use, water resources, terrestrial ecology and biodiversity, , historical monuments and cultural heritage, landscaping and visual, safety, noise, vibrations, traffic, air quality and waste -Social issues as required under the Georgian Legislation; -Physical Environment; -Biological Environment; -Existing Infrastructure; -Land tenure and use; -Cultural Heritage; • Analyses of the Alternatives; • Expected Impacts and Mitigation Measures; • Impact Management and Monitoring; • Reporting Requirements; • Environmental Management and Monitoring plan;

Environmental Management and Monitoring Plan Immediately following identification of the impacts, Consultant shall begin work on the social and environmental management plan. This plan shall describe actions to be undertaken prior to the construction and operation phase. These measures will be implemented to the project design. The environmental

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Public Consultation Following the screening and scoping effort, it may be determined that a number of public consultation efforts will be required for the project. Public consultation shall include presentations to stakeholders including organizations, government agencies and the general public. The consultant in coordination with ADC, Ministry of Environment Protection and Agriculture of Georgia shall conduct such consultations and provide relevant data, digital presentations, develops minutes of the public consultation meetings as well as other documentation necessary for this task. The Consultant shall advise ADC on any public consultation requirements as set forth in the National laws and legislation.

Final Environmental Impact Assessment Report

In addition to the EIA documents consultant has to prepare Technical and Environmental Executive Summaries of the EIA and updated management plans and EIA supplementary documents (MPD’s, Waste Management Plan, Air Emission Plan, Emergency Response Plan etc.) as required under Georgian legislation. Review and comments of the draft EIA will be completed by the Georgian Government Public review, the relevant financial institutions and project stakeholders for the project. Following completion of these reviews, the Consultant shall incorporate all comments and measures for completion of the Final EIA report and submitting it for obtaining of the State Ecological Conclusion Report.

7. Coordination of permitting process:

7.1 Bidder shall lead the permitting process on behalf of ADC and shall engage the relevant administrative or private agencies as required. Scope is inclusive of all communication and coordination efforts between ADC and relevant entities.

7.2 Bidder shall cooperate and communicate with ADC’s team as required. 7.3 Bidder shall be responsible for updating and modifying of the report as required by the client.

8. Bidder shall include in the price: • Baseline Study The bidder shall include in the price basline surveies at a mimimum for Air Emission, Noise Dispersian, Landscape and Visual and Traffic baseline studies for bulk terminal. (Client already conducted baseliene terrastrial and marine surveys which shall be transfereed to bidder after granting of the bid).

• Screening Scoping EIA Development Bidder shall includine in the price development of the EIA report in accordance of the Georgian legislation including screening, scoping stages, technical and non technical summaries, with final issuance of the State Ecological Concllusion Report followed by the Construction Permit.

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• EIA Suplomantory Document Updating Consultant shall consider updating of the clinet’s Maximum Permisable Air Emission Discharge Document, Maximum Perisable Water Discharge Document, Waste Management Plan and Emergency Response Plan.

9. For project deliverables refer to Appendix 18 of this TRP

• All required equipment and technologies should be included in the proposal.

• All required permits necessary to achieve this scope of work within the scheduled duration.

• Respondent’s proposal price for this work shall remain in effect for a period of no less than 12 months from the date of the proposal. • During execution phase of the scope contractor to provide the daily and weekly reports.

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SCHEDULE B – FORM OF PROPOSAL

TO: Anaklia Development Consortium LLC RE: REQUEST FOR PROPOSALS ANAKLIA DEEP WATER BLACK SEA PORT Bulk Terminal EIA Report

1.0 Proposal

We, _, (Name of Respondent) of (Address of Respondent)

Pursuant to and in compliance with the Request for Proposals and any issued addenda, and being familiar with the requirements for performance under the Request for Proposals, and familiar with the Site and all relevant laws, rules, regulations, zoning, licensing and permit requirements, and the intent, difficulties, facilities and local conditions attendant to performing the Services/Works that may affect our Proposal, hereby submit this Proposal.

2.0 SCHEDULES

We confirm that the following schedules are attached to and form part of this Proposal: (1) Schedule B‐1 – Respondent’s Technical & Financial Proposal for Services

3.0 ACKNOWLEDGEMENT

Respondent hereby acknowledges: (a) ADC will rely on the Respondent’s submitted information and the representation that the Respondent has the capability to undertake and complete the responsibilities and obligations contained in this Proposal and the Agreement to be executed by ADC and the Respondent, if the Respondent is awarded the Contract, and the Respondent understands ADC will so rely.

(b) ADC has the right to make any further inquiry it deems appropriate to substantiate or supplement information supplied by the Respondent.

(c) ADC has the right to reject any and all Proposals, to withdraw the RFP, to reissue the RFP, to enter into negotiations with any and all Respondents, and to accept any Proposal or proposal that, in ADC’s judgement, will provide the level of service to the public.

(d) Respondent solely will bear all costs incurred by Respondent in connection with the preparation and submission of this Proposal and with Respondent’s costs associated with any negotiations with ADC. Under no circumstances will ADC be responsible for any such costs.

4.0 DECLARATION

Respondent hereby declares: (a) that it has complied with the requirements of the Instructions; (b) that, in submitting this Proposal, it is not relying on any information or documents provided on by or on behalf of ADC other than the RFP Documents;

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(c) that this Proposal is genuine and not collusive or made in the interest of or on behalf of any person not named herein;

(d) that it has not, directly or indirectly, induced, or solicited any other Respondent to submit a sham Proposal or any other person to refrain from submitting a Proposal, and that it has not in any manner sought by collusion to secure for itself or for any other person any advantage over any other Respondent.

(e) that if awarded the Contract, I/we will at all times be the “prime contractor”. I/we further confirm that if I/we become aware that another Contractor at the place of the Services/Works has been designated as the “prime contractor”, we will notify ADC immediately, and I /we will indemnify and hold ADC harmless against any claims, demands, losses, damages, costs, liabilities or expenses suffered by ADC in connection with any failure to so notify ADC.

IN WITNESS WHEREOF, this Proposal has been executed this day of , 2018.

EXECUTION BY RESPONDENT:

(Name of Respondent)

Authorized Signatory

Name and Title

Authorized Signatory

Name and Title

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SCHEDULE B‐1 – RESPONDENT’S TECHNICAL & FINANCIAL PROPOSAL

1. The submission shall, as a minimum, include the following elements: a) Completed Form of Proposal b) Completed Pricing Schedules including Dayworks Schedules c) A copy of the Respondent’s safety policy inclusive of Scope specific HSE management plan and HSE KPI’s for last 2-year period

The following supplementary information shall be submitted as part of the Proposal in a suitably clear and concise format:

1.1 A detailed program of the Works. The program should show sufficient detail to establish the linking of the major elements of the program, time dependencies between activities, the critical path and key events. It should also indicate the order and durations of the various work activities for the whole of the Works. The program should contain items for design and fieldwork, as necessary. The detailed program should take account of any restraints imposed by the Employer’s ongoing operations and maintenance, physical/site limitations and other contractors’ work in and around the Site, etc. on the sequence and timing of the Works; 1.2 A detailed cash flow forecast; 1.3 method statements for carrying out the work activities describing in detail how the Respondent will provide the most suitable material for the Works; 1.4 A list of the proposed plant and equipment to be used; 1.5 A list of the major sub-contractors and suppliers that the Respondent intends to use, along with details of their relevant experience; 1.6 CVs of the Respondent’s proposed key management personnel; 1.7 Details of the Respondent’s proposed design for parts of the Works to be designed by the Respondent; 1.8 Details of any alternative materials or designs proposed by the Respondent. 1.8.1 For the avoidance of doubt, none of the supplementary information included with the Proposal shall form part of any subsequent Contract. 1.9 Detailed Program Schedule illustrating Respondents intended scheme for the works

2. All Tender Documents, including drawings, remain the property of the Employer. If no Proposal is submitted, or if the tender is unsuccessful, all documents must be returned to the Employer. 3. Following the award of a subsequent Contract an on-demand performance security will be required, the amount of which shall be 10% of the accepted fixed price lump sum. 4. Insurance Policies According Appendix 8. 5. Respondents should note that post-Contract approval of all sub-contractors in accordance with the Conditions of Contract will be required. 6. Where the Respondent is a joint venture, copies of any joint venture or consortium agreement and particulars of the proposed contracting entities and proof of authorization of the parties signing the Proposal shall be submitted with the Proposal. Proposals shall be signed on behalf of each member of such joint ventures or consortia.

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7. The Employer does not bind himself to accept the lowest or any Tender, or to proceed with the Tender process. Nor will he be responsible for or pay any expenses or losses which may be incurred by the Respondent in the preparation of his proposal. 8. When the Employer has decided that he is willing to accept a Proposal, a letter of acceptance will be sent to the successful Respondent. 9. The Respondent shall treat the details of the Tender Documents as private and confidential 10. Bill of Quantities – All prices to be quoted in US Dollars

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SCHEDULE C – APPENDICES

Below listed Appendices are uploaded on www.etenders.ge platform.

Appendix 1: -- Draft Contract (will be provided additionally) Appendix 2: -- Bill of Quantities – Part of Contract Appendix 3: -- N/A Appendix 4: -- Health, Safety and Environmental Requirements – Part of Contract Appendix 5: -- Project Control Requirements – Part of Contract Appendix 6: -- Quality Requirements – Part of Contract Appendix 7: -- Employers Requirements – Part of Contract Appendix 8: -- Insurance Policies – Part of Contract Appendix 9: -- N/A Appendix 10: -- N/A Appendix 11: -- N/A Appendix 12: -- N/A Appendix 13: -- N/A Appendix 14: -- N/A Appendix 15: -- N/A Appendix 16: -- N/A Appendix 17: -- N/A Appendix 18: -- Deliverable milestone completion date – Part of Contract

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SCHEDULE D – PROJECT MILESTONE SCHEDULE

Milestone Deadline 180 calendar days after Notice to proceed

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