Contract No: 2020-03 - Brewarrina Shire · contract no: 2020-03 brewarrina sewer relining tendered...

by Brewarrina Shire Council Edition: August 2019

REQUEST FOR TENDER

TENDER FORM

Tender Box Brewarrina Shire Council 57 Bathurst Street PO Box 125 BREWARRINA NSW 2839 Tel:(02) 6830 5106

Tenders are invited for the provision of services described below, subject to the attached Conditions of Tender, proposed Conditions of Contract and Specifications.

Contract No: 2020-03 Brewarrina Sewer Relining

TENDERED AMOUNT (inc GST) (in words) TENDERED AMOUNT (inc GST)

TIMING OF THE TENDER LODGEMENT AND THE WORKS

Tenders close at 2.00 pm Monday September 30th 2019 in the Tender Box

Mandatory Pre Tender Meeting N/A

Commencement of the Works To be nominated by tenderer

Contract Period Maximum 20 Weeks

Defects Liability Period 12 Months

Liquidated Damages $500-00 per day

Contract Security Bank Guarantee in the amount of 5% of Contract Sum

TENDERER'S DETAILS

Entity's Name

ACN

ABN

Address for the service of notices

I/We accept the attached Conditions of Tender and tender for the execution of the Works for the above total tendered price and acknowledge that the Works are to be executed in accordance with Part 2 of the following document.

Signature of Director/ Secretary

Date

(NB: Tenderers must fully complete all sections of this

document, initial bottom right hand corner of every page and return the complete document at the time of tender submission)

ACCEPTANCE OF TENDER

Signed for and on behalf of the Council. The Common Seal of the Council was affixed in accordance with resolution No:_______________

passed on _____________________

General Manager Mayor Date

BREWARRINA SHIRE COUNCIL Brewarrina Sewer Relining Contract Number 2020-03

of 40 Contractor’s Rep. Initial

Council’s Rep. Initial

This page has been left blank intentionally




CONTENTS

PART 1 INTRODUCTION 5

1.1 TENDER DESCRIPTION 5 1.2 COPY OF ADVERTISEMENT 6

HEADING: 6

PART 2 CONDITIONS OF TENDER 8

2.1 DEFINITIONS 8 2.2 THE CONTRACT 8 2.3 TENDER SUBMISSION 9 2.4 LATE LODGEMENT 9 2.5 TENDER PREPARATION 9 2.6 ASSESSMENT OF TENDERS 10 2.7 CONFIDENTIALITY OF CONTRACT INFORMATION 11 2.8 CODES OF PRACTICE FOR THE CONSTRUCTION INDUSTRY 11

PART 3 CONDITIONS OF CONTRACT 13

3.1 DEFINITIONS AND INTERPRETATION 13 3.2 THE WORKS 13 3.3 PAYMENT FOR WORK UNDER THE CONTRACT 14 3.4 CONTRACT SECURITY, DEFECTS LIABILITY PERIOD & RETENTION 15 3.5 PROOF OF PAYMENT 16 3.6 VARIATIONS 16 3.7 HOURS OF WORK 16 3.8 TERMINATION OF CONTRACT 16 3.9 DIRECTIONS 18 3.10 YOUR EMPLOYEES 18 3.11 WORKERS’ COMPENSATION INSURANCE 18 3.12 INSURANCE OF THE WORKS, PLANT AND PUBLIC LIABILTY INSURANCE 18 3.13 ENVIRONMENTAL MANAGEMENT 19 3.14 WORK ON OCCUPIED SITES 19 3.15 CONTRACTOR CATEGORIES 19 3.16 WORK HEALTH & SAFETY 21 3.17 TESTING 23 3.18 ASBESTOS 23 3.19 SITE REHABILITATION 23 3.20 DISPUTE RESOLUTION 24 3.21 INDEMNITY 24 3.22 PRIVACY OF PERSONAL INFORMATION 25 3.23 NO ASSIGNMENT 25 3.24 INTELLECTUAL PROPERTY 25 3.25 CONFLICT OF INTEREST 25 3.26 NO EMPLOYMENT, PARTNERSHIP OR AGENCY RELATIONSHIP 26 3.27 WORKPLACE SECURITY 26 3.28 ENTIRE AGREEMENT, VARIATION AND NO WAIVER 26 3.29 NOTICES 26 3.30 SEVERABILITY 27 3.31 APPLICABLE LAW 27 3.32 SURVIVAL OF CLAUSES 27 3.33 DEPARTMENT OF COMMERCE PROCUREMENT POLICY 27

PART 4 SCHEDULES AND FORMS 29

4.1 SCHEDULE OF PRICES* 31 4.2 MANAGEMENT SYSTEM CHECKLIST ERROR! BOOKMARK NOT DEFINED. 4.3 FORM OF UNDERTAKING ERROR! BOOKMARK NOT DEFINED.

PART 5 ATTACHMENTS ERROR! BOOKMARK NOT DEFINED.

A. GENERAL SPECIFICATIONS ERROR! BOOKMARK NOT DEFINED. B. TECHNICAL SPECIFICATION ERROR! BOOKMARK NOT DEFINED.

BREWARRINA SHIRE COUNCIL CONSTRUCTION OF AMENITIES BUUILDINGS File Number T10/09094 Contract Number 2008-09/13



PART 1 INTRODUCTION

1.1 TENDER DESCRIPTION

1.1.1 Brewarrina Shire Council intends to undertake relining and replacement of condition four (4) and five (5) sewer mains in Brewarrina.

1.1.2 The works under this tender/contract include excavation and earthworks. 1.1.3 Brewarrina Shire Council will arrange the provision of

Initial survey and subsequent control points.

1.1.4 The Contractor will need to ensure all staff control staff/subcontractors engaged to work within a public road reserve under the Contract are qualified to select, implement and if required modify Traffic Control Plans in accordance with the Roads and Maritime Services current accreditation and Traffic Control at Worksite Manual.

1.1.5 Council may, at its sole discretion, elect to negotiate an extension to the scope of Contract works and the Contract period.

1.1.6 All services shown on the Plans or Drawings have been identified from a combination of field survey and existing records provided by Utility Authorities. Services other than those shown on the Plans or Drawings may exist and prior to any work on the site the Contractor should contact the relevant Service Authority for possible locations of further underground services.

All services are indicative only and all services must be located prior to excavation. If optical fibre or telecommunications cable are identified on Telstra plans the exact locations are to be determined by the contractor contacting Telstra and arranging for an on-site inspection prior to construction works commencing.

Any damage to existing services will be at the cost of the Contractor. The Contractor shall repair and make good all damage to existing services caused during the works.




1.2 COPY OF ADVERTISEMENT

ADVERTISEMENT

INFORMATION TO BE COMPLETED BY OFFICER REQUESTING ADVERTISEMENT

MEDIA OUTLET REQUIRED DATES

DATE PREPARED: AUGUST 2019

Western Herald

Thursday 5th

September 2019

AUTHOR: CORA GORDON

Western Magazine

REFERRING OFFICER: BELINDA LOUGHNAN Thursday 5th September 2019

APPROVING OFFICER: DAVID KIRBY

Brewarrina News

September Edition

JOB NO(S):

FILE NO(S):

HEADING: BREWARRINA SHIRE COUNCIL – TENDERS FOR SEWER RELINING - BREWARRINA

CONTENT:

Tenders closing at 3.00pm on Monday 30th September 2019 are invited for the relining and excavation of condition four (4) and five (5) sewer mains. Tender documents are available from Council’s Offices Bathurst Street Brewarrina telephone (02) 6290 5100 between 8.30am and 4.30 p.m. on business days. Tenderers are required to comply with the Local Government (General) Regulation, 2005 and the NSW Government Code of Practice and Code of Tendering for the construction industry. The lowest or any tender will not necessarily be accepted. Formal tenders must be submitted. The tenders must be placed in a sealed envelope endorsed “Tender for relining of sewer - Brewarrina, Contract No. 2020/03” and either placed in the tender box located in the foyer of Councils Offices Bathurst Street Brewarrina, posted to the address shown above or emailed to [email protected] Tenderers and members of the public are invited to attend the opening of tenders immediately after the closing time. Further information in relation to the proposed contract may be obtained from Council’s website www.breshire.com or by telephone (02)6830 5100. The lowest or any tender not necessarily accepted.

57 Bathurst Street, Jeff Sowiak BREWARRINA NSW 2839 GENERAL MANAGER




PART 2 CONDITIONS OF TENDER

2.1 DEFINITIONS

In this document:

a) “RFT” means this Request for Tender and includes the Tender Form, the Conditions of Tender (Part 2), the proposed Conditions of Contract (Part 3) and any Specifications;

b) “Specifications” means the specifications, including any plans or drawings, for the Works attached to this RFT;

c) “Tender” means your Tender for the carrying out of the Works including the Tender Form as completed by you;

d) “Council” means the Brewarrina Shire Council (NSC), ABN95717801656;

e) “Council’s Representative” means the General Manager of Council or delegate;

f) “Works” means the works specified in the Tender Form;

g) “You” means the entity tendering as named in the Tender Form;

h) “Company” means a Pty Ltd Company;

i) “Contract No.” is a specific reference to this Request for Tender.

j) “Contractor” is defined in Part 3.1.1. and means the tendering entity that is awarded the contract.

2.2 THE CONTRACT

2.2.1 No contract or legal obligations arise from this RFT unless Council accepts your Tender by signing the Tender Schedule and returning it to you or otherwise confirming acceptance in writing.

2.2.2 By submitting your Tender you acknowledge that you have read the proposed Conditions of Contract in Part 3 of this RFT. If Council accepts your Tender in accordance with Section 2.2.1, a contract will come into effect containing the proposed Conditions of Contract set out in Part 3 of this RFT. You will then be legally bound by those conditions.

2.2.3 You should pay particular attention to Clauses 3.11 and 3.12 of Part 3 (proposed conditions of contract) of this RFT dealing with insurance.




2.2.4 Council will only enter into a contract with a Proprietary Limited Company however, it is not a requirement to have this status at the time of tendering (See Section 2.3).

2.3 TENDER SUBMISSION

2.3.1 Your tender submission must include this complete RTF (ie this document together with the accompanying Drawings and Reports).

This document is to be signed on the front page and each page of this document and all plans and reports are to be initialled by the tenderer in the bottom right hand corner and returned with the tender submission.

2.3.2 The following Sections in Part 4 must be fully completed in your tender submission:-

Schedule of Rates

Management System Checklist

Form of Undertaking

Ethical Suppliers Declaration

Selection Criteria Information

2.3.3 Your Tender must be placed in an envelope on which is endorsed the Contract Number and a clear description of the Works for which you are tendering and placed in the Tender Box at the address shown in the Tender Schedule.

2.3.4 Your Tender may be sent initially by facsimile provided that:-

a) It is received before the scheduled time for close of tenders and is complete including all schedules and other submissions required; and

b) The original is posted to Council prior to the advertised time for the close of Tenders.

2.3.5 A Tender not complying with Section 2.3 may be rejected by Council.

2.4 LATE LODGEMENT

Tenders will not be considered if they are lodged in the Tender Box after the date and time specified in the Tender Form unless you have complied strictly with condition 2.3.4 above.

2.5 TENDER PREPARATION

2.5.1 Your Tender must address:

a) the items referred to in Section 2.3 Tender Submission;




b) the Specifications for the Works;

c) the proposed Conditions of Contract set out in Part 3; and

d) any other condition or requirement that is attached and forms part of this document.

2.5.2 You must satisfy yourself that:

a) information in and the requirements of this document are correct and sufficient for you to properly prepare and submit your Tender, including the Tendered price; and

b) your Tendered price includes all the costs of complying with all obligations under the proposed conditions of contract.

2.5.3 All rates and prices tendered in your Tender must be exclusive of GST and you must identify the value of any GST-free input.

2.5.4 Your Tender must remain open for at least 90 days from the closing date specified on the Tender Schedule.

2.5.5 You are responsible for all costs, losses and expenses incurred by you in preparing your Tender.

2.5.6 Any material submitted as part of your Tender will remain or become the property of Council.

2.6 ASSESSMENT OF TENDERS

2.6.1 All Tenders for Services are conducted in accordance with the NSW Local Government (General) Regulation 2005 and Council’s Purchasing Policy.

2.6.2 Tenders will be assessed on the basis of best value for money and not necessarily the lowest priced Tender.

Tenderers should note that Council has a Local Preference Policy for tenders, which allows for a 5% preference for local tenderers (ie those tenderers with an office located in the Brewarrina Shire Local Government Area), up to a maximum of $20,000-00. This policy assists in scoring the price component of the tender assessment.

2.6.3 Council is not obliged to accept any Tender.

2.6.4 Your Tender will be assessed against the following criteria.

2.6.5




Selection Criteria

1 The Tendered Rates (allowing for Local Preference Policy if applicable)

2 The current financial, technical and managerial capacity, including abilities and experience of nominated senior project staff or specialist staff.

3 Proven performance in relation to time and quality of work, industrial relations, environmental management, safety management.

4 Contract commencement date and duration of contract.

2.6.6 You must, if required by Council’s Representative, provide additional information to allow full consideration of your Tender.

2.6.7 The canvassing of Councillors or Council staff, at any time, in respect of this Tender will not be permitted. If any firm, or representative of any firm, approaches or canvasses a Councillor in respect of this Tender then that firm will be automatically disqualified from having its tender considered.

2.7 CONFIDENTIALITY OF CONTRACT INFORMATION

2.7.1 You acknowledge that you are aware that the Council may be required to disclose information, either under the Freedom of Information Act 1989 (NSW) or the NSW Local Government Act;

2.7.2 You are requested to specify in writing any information you believe is confidential in relation to your Tender or that you may wish to be treated as confidential in the contract if your Tender is selected.

2.8 CODES OF PRACTICE FOR THE CONSTRUCTION INDUSTRY

2.8.1 Tenderers’ attention is drawn to the NSW Department of Commerce Procurement Policy (which replaces the NSW Government Code of Tendering and Code of Practice for the Construction Industry).

2.8.2 All matters in relation to the preparation of the tender and the conduct of the contract are to be carried out in accordance with this Policy.




PART 3 CONDITIONS OF CONTRACT

If your Tender is accepted, the following conditions together with the Tender Schedule and any Specifications will constitute the Contract between you and the Council.

3.1 DEFINITIONS AND INTERPRETATION

3.1.1 In the following:

“Contract” means the Tender Schedule as completed by you, the following conditions and any specifications; and

“Contract Price” means the total price specified in the Tender Schedule and the Schedule of Rates, excluding any variations approved by Council’s Representative. “Contractor” means Principal Contractor as defined in Section 3.15.

“Defects Liability Period” means the period from the acceptance of the Works by Council as being satisfactorily completed until the end of the defects liability period specified in the Tender Form.

3.1.2 In the following:

a) references to “you” includes your company, employees, agents or

subcontractors;

b) words importing a gender include the others; words in the singular number include the plural and vice versa; and references to legislation or to provisions in legislation include references to amendments or re-enactments of them and to all regulations and instruments issued under the legislation;

c) clause headings are for convenient reference only and have no effect on the

interpretation of the provisions to which they refer; and

d) an obligation imposed by the Contract on more than one person binds them jointly and severally.

3.2 THE WORKS

3.2.1 You must program, commence and complete the Works in accordance with:

a) the Specifications;




b) the directions of Council’s Representative; and

c) these Conditions of Contract.

3.2.2 You must also observe and comply with all Acts, ordinances, regulations, and other requirements of any law in force in the place where the Works are to be executed. You bear the whole risk of complying with all applicable legislation and law until the Works have been completed to the satisfaction of Council’s Representative.

3.2.3 All materials and workmanship must be in accordance with the Specifications or if not fully described in the Specifications, in accordance with the recognised industrial or trade standards. If Council’s Representative is of the opinion that any materials, workmanship or part of the Works, are unsatisfactory or are defective, Council’s Representative may direct you to remove, and/or correct those works or materials at your expense.

3.2.4 You must conduct your site works, and interactions with the general public in a manner that does not adversely affect the Council’s Public and Corporate Image.

3.2.5 Conduct must be in accordance with the “General conduct”, “Fairness and equity” and “Harassment and discrimination” requirements of Section 5 of Council’s Code of Conduct. See the relevant extracts in the Council Policies section of this document.

3.2.6 Conduct must be in accordance with Council’s Statement of Business Ethics, in particular the sections relating to “Our key business principles”, “What you can expect of us” and “What we ask of you”. See relevant extracts in the Council Policies section of this document.

3.3 PAYMENT FOR WORK UNDER THE CONTRACT

3.3.1 Council will pay you for work done following its receipt of monthly Progress Claims verified by Council’s Representative. The Progress Claims are to be calculated using the tendered rates in the Schedule of Rates and take the form of a correctly rendered Tax Invoice.

3.3.2 A tax invoice is correctly rendered if it includes:

a) The words “Tax Invoice”.

b) Council’s job number and/or purchase order number and/or the contract number as provided;

c) the amount due to you and the basis for the calculation of that amount;

d) the amount of any GST paid or payable by you in respect of the Works;




e) the date of delivery and a description of the Works to which the invoice relates;

f) if a discount is applicable, the discounted price; and if a variation is being claimed the variation approval reference supplied by Council’s Representative;

g) your address for payment, your ABN and ACN or equivalent.

3.3.3 If you do not supply a correctly rendered invoice Council’s Representative may:

a) refuse to perform any other obligation Council is otherwise liable to perform; and

b) refuse to pay any amount otherwise payable by Council to you.

3.4 CONTRACT SECURITY, DEFECTS LIABILITY PERIOD & RETENTION

3.4.1 Before commencing works under the contract you must provide contract security in the form of a Bank Guarantee for an amount equal to five (5) percent of the approved GST inclusive contract sum and with an expiry date not less than seven (7) months after the projected date of completion of the contract.

3.4.2 You must:

a) maintain the Works for the Defects Liability Period; and

b) make good at your expense all defective work or materials, all damage to or destruction of the Works and all other loss caused by faulty work or materials which become evident during the Defects Liability Period.

3.4.3 Provided a Bank Guarantee as referred to in Clause 3.4.1 has been provided and the works are carried out in accordance with the Contract, Council will pay you progress payments representing 100% of the Contract Price plus approved variations for satisfactory work done at or before the commencement of the Defects Liability Period.

3.4.4 The Bank Guarantee referred to in Clause 3.4.1 will be released to you when:

a) the Defects Liability Period has ended; and

b) you have rectified any defects in the Works that have been identified before the end of the Defects Liability Period and all of your obligations in relation to the making good of defects have been fulfilled.

3.4.5 Any payment by Council under Clause 3.4.3 will not prejudice any other legal right Council may have against you for breach of the Contract.




3.5 PROOF OF PAYMENT

3.5.1 Claims for payment must include:-

a) a statutory declaration by a representative of the company who is in a position to know the facts declared, that all employees who have at any time been employed by you on the Works; and

b) documentary evidence that all employees who have been employed by your subcontractors on the Works,

have at the time of request, been paid all monies due and payable to them in respect of their employment on the Works.

3.5.2 Claims for payment must include a statutory declaration by a representative of the company who is in a position to know the facts declared, that all subcontractors have been paid all monies due and payable to them in respect of the Works.

3.5.3 Council may withhold payment of monies due until all declarations or evidence requested under Clauses 3.5.1 and 3.5.2 are provided.

3.6 VARIATIONS

3.6.1 Council’s Representative may vary the Works specified or require the substitution of alternative materials for the Works. Council’s Representative will adjust the Contract Price as a result of any variation in accordance with Clause 3.6.2.

3.6.2 The amount of the variation of the Contract Price will be as agreed by the parties. If the parties do not agree on the amount of the variation, Council’s Representative will determine the reasonable cost of the variation to the Works.

3.7 HOURS OF WORK

3.7.1 You will carry out the Works between the normal working hours 7.00am and 6.00pm, Monday to Friday. You may work outside of these hours only with the written approval of Council’s Representative and at no extra cost to Council.

3.8 TERMINATION OF CONTRACT

3.8.1 Council’s Representative may terminate the Contract at any time by written notice if you:




a) fail to commence the Works within the time specified in the Tender Schedule, or if no such time is specified, within 14 days of the date the Council’s Representative notified you that it has accepted your Tender;

b) fail to carry out the Works at a rate of progress satisfactory to Council’s Representative;

c) fail to carry out any instruction of Council’s Representative in respect of the Works;

d) fail to complete the whole of the Works within the time specified in the Tender Schedule or such extended time as Council’s Representative may approve;

e) are or become bankrupt or insolvent, enter into voluntary administration or make any arrangement with your creditors or take advantage of any statute for the relief of insolvent debtors; or

f) fail to remedy a breach of a term of the Contract within the period specified in a written notice by Council’s Representative.

g) any substantial breach of the contract

3.8.2 In terminating the Contract Council’s Representative will by written notice, request the Contractor’s Director(s) to “show due cause” as to why Council’s Representative should not terminate the contract. The Contractor will have TEN days in which to reply, via a written notice. After TEN days from the “show due cause” notice being received by the Contractor the Council’s Representative will decide if termination is still warranted and advise the Company via a written notice.

3.8.3 If Council’s Representative terminates the Contract under Clause 3.8.1 and 3.8.2, it may by written notice:

a) take over the Works;

b) take possession and ownership of all materials on or about the Works site which are your property and have been provided by you for the purpose of carrying out the Works.

3.8.4 If Council takes over the Works then all losses, costs, charges and expenses incurred or sustained by Council in completing the Works will be recoverable from you and, without limiting any other right Council may have, may be offset against any amount subsequently due to you from Council.

3.8.5 Nothing in this Section 3.8 prejudices any other right or remedy of Council in respect of your breach of the Contract.




3.9 DIRECTIONS

3.9.1 You must comply with all reasonable directions given by the Council’s Representative in relation to the Works.

3.9.2 Council’s Representative may nominate a third party to give directions in relation to the Works. Council’s Representative will notify you in writing of that person.

3.10 YOUR EMPLOYEES

3.10.1 You must ensure that all persons employed in carrying out the Works, whether they are your employees or a subcontractor, are paid at the rates which are not less than those fixed by any relevant award, agreement, determination, judgement or order of any competent court, Board, Commission or other industrial tribunal and are employed under the conditions prescribed in any such award, agreement, determination, judgment or order.

3.11 WORKERS’ COMPENSATION INSURANCE

3.11.1 You must take out and keep current workers’ compensation insurance for any person employed in respect of the Contract and you must produce evidence of the currency of any such policy when requested by Council’s Representative, on renewal and prior to commencing any work under this contract.

3.11.2 You must ensure that subcontractors engaged by you have all their employees fully covered by Workers Compensation Insurance.

3.12 INSURANCE OF THE WORKS, PLANT AND PUBLIC LIABILTY INSURANCE

3.12.1 You must take out Public Liability Insurance that protects Council and its employees from claims to the value of twenty million dollars ($20,000,000.00) for any one occurrence. The policy must be kept current for the total contract period including the Defects Liability Period.

3.12.2 You must produce evidence of the currency of this Public Liability Insurance Policy when requested by Council’s Representative and prior to commencing any work under the Contract.

3.12.3 You will be required to take out, at the time of tender acceptance, and keep current, insurance of the works to the value of the Contract Price plus 20%, as follows;




the policy is to cover Council, yourself and other relevant parties; including all contractors, sub-contractors, construction managers and project managers engaged for or in connection with the works.

the policy is to remain in force for the total contract period including the Defects Liability Period.

must produce evidence of the currency of this works insurance when requested by Council’s Representative and prior to commencing any work under the Contract.

3.12.4 You will not be required to take out and keep current Professional Indemnity insurance.

3.13 ENVIRONMENTAL MANAGEMENT

3.13.1 You must prepare and provide to the Council an Environmental Management Plan (“EMP”) before commencing the Works. The EMP must be signed by the company directors, and be to the reasonable satisfaction of Council’s Representative. Council’s Representative may require you to amend the EMP.

3.13.2 The EMP must include responsibilities and specific procedures to be applied to address

Resident’s inconvenience,

noise,

dust

sedimentation control and,

handling and disposal of waste generated by the Works

3.14 WORK ON OCCUPIED SITES

3.14.1 The Works site may be occupied by other parties. Council or other Organisations may require access to the work site to attend services such as water, sewer, phone, electricity etc.

3.14.2 You must accommodate the reasonable needs of Council or other Organisations who need to attend their infrastructure.

3.15 CONTRACTOR CATEGORIES

For the purposes of this contract the successful tenderer will be appointed as a Principal Contractor (see below for details).

a) Principal Contractor




As the Principal Contractor (WHS Act 2012) you will be authorised to exercise such authority of the owner (ie Council) as is necessary to enable the Principal Contractor to discharge the responsibilities imposed on a Principal Contractor by Part 8 of the WHS Act 2012.

The Principal Contractor must:

a) comply with the WHS Act 2012 (NSW), associated legislation, regulations, codes of practice and any other obligation in law relating to health and safety.

b) provide and maintain a safe working environment, safe systems of work, and ensure that plant and/or substances at the Works site are in a safe condition and without risk to health;

c) ensure that members of the general public at or near the Works site are not exposed to risk to their health or safety arising from your carrying out of the Works;

d) acquire material safety data sheets for hazardous substances to the standard required by the National Work Health and Safety Commission (Worksafe Australia) and make them available to Council’s Representative on request;

e) not create or leave unattended any potential hazards on the Works site. Existing hazards on the Works site must be immediately reported to Council’s Representative; and

f) report all accidents to Council’s Representative as soon as possible and no later than the next working day after the accident occurred.

g) arrange WH&S Induction Training for those on site and actively encourage Risk Management Activities.




3.16 WORK HEALTH & SAFETY

Principal Contractor

3.16.1 The Principal Contractor is required to prepare and supply to Council’s Representative for approval, prior to commencement on site, an Work Health & Safety Management Plan in accordance with Section 226 of the WHS Regulation 2012 (as follows).

“Clause 226 Responsibility of principal contractor to prepare an OHS management plan

(2) The principal contractor for the construction work must ensure that:

(a) a site specific occupational health and safety management plan is prepared for each place of work at which the construction work is to be carried out before the work commences, and

(b) the plan is maintained and kept up to date during the course of the work. Maximum penalty: Level 4.

(3) The principal contractor must ensure that the occupational health and safety management plan includes:

(a) a statement of responsibilities listing the names, positions and responsibilities of all persons who will have specific responsibilities on the site for occupational health and safety, and (b) details of the arrangements for ensuring compliance with the requirements for occupational health and safety induction training that are set out in Part 8.2, and

(c) details of the arrangements for managing occupational health and safety incidents, including the identity of and contact details for the person or persons who will be available to prevent, prepare for, respond to and recover from occupational health and safety incidents, and

Note. Some incidents must be notified to WorkCover under Chapter 12.

(d) any site safety rules and details of the arrangements for ensuring that all persons at the place of work (whether employees or visitors) are informed of the rules, and

(e) safe work method statements for all work activities assessed as having safety risks. Maximum penalty: Level 3.

(4) The principal contractor must ensure that a copy of the occupational health and safety management plan is available for inspection during the course of the construction work by:

(a) any person working at the place of work concerned and by any person about to commence work at that place, and

(b) an employee member of an OHS committee, an OHS representative, a person elected by the persons employed at the place of work to represent a group of




employees on health and safety matters or (if the employees so agree) an appropriate representative of an industrial organisation of employees.

Maximum penalty: Level 1.

(5) The principal contractor must ensure that a copy of any parts of the occupational health and safety management plan that are relevant to a sub-contractor are provided to the sub-contractor before the sub-contractor commences work at the place of work concerned.

Maximum penalty: Level 1.

(6) The principal contractor must ensure that, if any change is made to the occupational health and safety management plan during the course of the construction work, a copy of any part of the plan that has been changed and that is relevant to a sub-contractor is provided to the sub-contractor as soon as practicable after the change is made.

Maximum penalty (subclause (6)): Level 1.”

3.16.2 The Principal Contractor must undertake an assessment of the risks associated with the work to be carried out and prepare written safe work method statements (in accordance with Clause 224 of the WHS Act 2012) before the work commences.

“Clause 224 Definition

In this Part:

safe work method statement means a statement that: (a) describes how work is to be carried out, and

(b) identifies the work activities assessed as having safety risks, and

(c) identifies the safety risks, and

(d )describes the control measures that will be applied to the work activities,

and includes a description of the equipment used in the work, the standards or codes to be complied with, the qualifications of the personnel doing the work and the training required to do the work.

Note. See Chapter 2 for provisions relating to the identification, assessment and control of risks”.

3.16.3 Receipt of your Work Health & Safety Management Plan and Safe Work Method Statements does not relieve you from complying with and demonstrating compliance with the Specifications, Acts and Regulations etc.

3.16.4 Council has a Number of Policies in relation to WH&S it is expected that the Principal Contractor will have Policies, and thus Work Practices of a similar (or higher) standard. These Policies are provided for information in Part 5 – Attachments – Section C.




3.17 TESTING

3.17.1 Unless otherwise specified or approved, all testing under the Contract shall be carried out by a laboratory which is registered for the inspection or testing required at the witness and/or hold point with the National Association of Testing Authorities.

3.18 ASBESTOS

3.18.1 If at any time you become aware of the presence on the Works site of any loose fibrous matter which may contain asbestos, or any other potentially dangerous chemicals or articles, you must:

a) not disturb the material or article and must immediately notify Council’s Representative and

b) ensure that all employees, subcontractors and members of the public are protected from exposure to the material or article until the nature of the material has been assessed by the appropriate authority.

3.18.2 Council’s Representative must inspect the Works site without delay and must issue directions to you in respect of further action to be taken.

3.19 SITE REHABILITATION

You must:

make good at your expense all fencing, roads, footpaths, lawns, gardens other surfaces and structures which may be disturbed by you in carrying out the Works;

water in all topsoil/sand backfill material on the footpath area until the topsoil/sand is tightly compacted

leave the Works site and adjacent areas in the same state of repair as they were in when you commenced the Works; and

take all reasonable steps to protect trees, shrubs, lawns or gardens from damage. All damage must be rectified by the Contractor at his cost and to the reasonable satisfaction of Council’s Representative.

remove from the Works site all rubbish, debris and waste resulting from you carrying out the Works, as directed by Council’s Representative from time to time up to the end of the Defects Liability Period.




3.20 DISPUTE RESOLUTION

3.20.1 Despite any difference or dispute (“Dispute”) between the parties arising in relation to the Contract or the Works, each party will continue to perform their obligations under the Contract. You must, if the Contract has not been completed, continue without delay to carry out the Works in accordance with the Contract unless directed otherwise by Council’s Representative.

3.20.2 If a Dispute arises, then either party may give written notice to the other that a Dispute exists and giving details of the Dispute. The parties agree that, following the issue of such a notice, they will endeavour to resolve the Dispute by negotiations, including by referring the Dispute to persons within their organisations who have authority to intervene and direct some form of resolution.

3.20.3 If the Dispute has not been resolved pursuant to Clause 3.20.2 within 28 days of the notice of the Dispute, then the parties agree that they will undertake a mediation process. The mediator will be an independent mediator agreed by the parties or, failing agreement, nominated by the chairperson of the Institute of Arbitrators and Mediators Australia, NSW Chapter. Unless otherwise agreed, the parties will share the costs of the engagement of the mediator.

3.20.4 If the dispute is not resolved pursuant to Clause 3.20.3 above within 28 days of the appointment of a mediator then the matter will be referred to arbitration. The Arbitrator will be an independent Arbitrator agreed by the parties or, failing agreement, nominated by the chairperson of the Institute of Arbitrators and Mediators Australia, NSW Chapter. Unless otherwise agreed, the parties will share the costs of the engagement of the Arbitrator. The Rules for the conduct of the Arbitration will be Rules 5 – 18 of the Rules of the Institute of Arbitrators and Mediators Australia for the conduct of Commercial Arbitrations.

3.20.5 Nothing in this clause will prejudice the rights of either party to institute proceedings to enforce the Contract or to seek injunctive or urgent declaratory relief in respect of any Dispute.

3.21 INDEMNITY

3.21.1 You will be responsible for and will indemnify Council, its employees and agents against all claims, costs and expenses and for all loss, damage, injury or death to persons or property caused or contributed to by you, your employees, agents or contractors in connection with carrying out the Works except to the extent that Council caused the relevant loss, damage or injury.




3.22 PRIVACY OF PERSONAL INFORMATION

3.22.1 For the purpose of the Contract, ”personal information” means information or an opinion (including information or an opinion forming part of a database), whether true or not, whether recorded in a material form or not, about a natural person whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

3.22.2 You must not disclose any personal information obtained in connection with the Contract without the written authority of Council’s Representative. In addition, you must take all reasonable measures to ensure that personal information held in connection with the Contract is protected against loss, and against unauthorised access, use, modification, disclosure or other misuse and that only authorised personnel have access to data.

3.22.3 You must ensure that all your employees and subcontractors are aware of and comply with these privacy requirements.

3.23 NO ASSIGNMENT

3.23.1 You may not without the prior written approval of Council’s Representative assign the Contract, or assign, mortgage, charge or encumber any of the moneys payable under the Contract or any other benefit whatsoever arising under the Contract.

3.24 INTELLECTUAL PROPERTY

3.24.1 Any material provided by Council’s Representative to you for the purposes of the Contract (“Material” including, but not limited to, documents, equipment, information and data) will remain the property of Council and you will use that material only for the purpose of carrying out the Works and otherwise in accordance with any conditions notified to it by Council’s Representative.

3.24.2 You will be responsible for the safe keeping and maintenance of that Material and, on the expiration or earlier termination of the Contract, you will return to Council’s Representative all Material.

3.25 CONFLICT OF INTEREST

3.25.1 You warrant that, at the date of entering into the Contract, no conflict of interest exists or is likely to arise in the carrying out of the Works and of your other obligations under the Contract.




3.25.2 If, during the term of the Contract, a conflict or risk of conflict of interest arises, you will notify Council’s Representative immediately in writing of that conflict or risk and will comply with any requirement of Council’s Representative to eliminate or otherwise deal with that conflict or risk of conflict.

3.26 NO EMPLOYMENT, PARTNERSHIP OR AGENCY RELATIONSHIP

3.26.1 You will not represent yourself, and will ensure that your employees, agents and subcontractors do not represent themselves, as being employees, partners or agents of Council.

3.26.2 Nothing in this Contract constitutes you, or your employees, agents or subcontractors as employees, partners or agents of Council or creates any employment, partnership or agency for any purpose.

3.27 WORKPLACE SECURITY

3.27.1 You will, when using Council’s premises or facilities, comply with all security and office regulations in effect at those premises or in regard to those facilities, as notified by Council’s Representative.

3.28 ENTIRE AGREEMENT, VARIATION AND NO WAIVER

3.28.1 The Contract, including the mandatory pre-tender minutes and pre award correspondence, comprises the entire agreement between the parties and supersedes any prior representations, negotiations, writings, memoranda and agreements.

3.28.2 The Contract may only be varied by the written agreement of the parties.

3.28.3 Failure or omission by Council’s Representative at any time to enforce or require strict or timely compliance with any provision of the Contract will not affect or impair that provision in any way or the rights of Council to avail itself of the remedies it may have in respect of any such provision.

3.29 NOTICES

3.29.1 Any notice, or other communication required or otherwise to be given or sent to Council’s Representative or to you under the Contract must be in writing and will be deemed to have been given:




a) if delivered by hand, upon delivery; b) if sent by prepaid mail, upon the expiration of two days after the date on

which it was so sent; c) if sent by facsimile, upon the sender’s facsimile machine recording that the

facsimile has been successfully and properly transmitted to the recipient’s address;

d) if sent by electronic mail, upon the sender’s computer recording that the

message has been successfully transmitted to the recipient’s electronic mail address,

to the persons and addresses or facsimile numbers set out in the Tender Schedule or such other person, address or facsimile number as may be notified by a party to the other from time to time.

3.30 SEVERABILITY

3.30.1 Any provision of the Contract which is illegal, void or unenforceable will be ineffective to the extent only of such illegality, voidness or unenforceability without invalidating the remaining provisions of the Contract.

3.31 APPLICABLE LAW

3.31.1 The Contract is governed by and construed in accordance with the law for the time being in force in Council and the parties submit to the jurisdiction of the courts of New South Wales.

3.31.2 The Contractor will ensure that the Services performed under this Agreement comply with the laws from time to time in force in New South Wales.

3.32 SURVIVAL OF CLAUSES

3.32.1 Clauses 3.8.3, 3.20 and 3.21 will survive the expiration or earlier termination of the Contract.

3.33 DEPARTMENT OF COMMERCE PROCUREMENT POLICY

3.33.1 The Contractor shall comply, in the performance of the Contract, with the requirements of the New South Wales Department of Commerce Procurement Policy.




3.33.2 Compliance with the Policy shall not relieve the Contractor from responsibility to perform the Contract, or from liability for any defect in the Works arising from compliance with the Policy.

3.33.3 Where a change to the contract is proposed and that change would affect compliance with the Policy the Contractor shall submit a report to the Council’s Representative specifying the extent to which the Contractor’s compliance with the Policy will be affected.

3.33.4 The Contractor shall maintain adequate records of the compliance with the Policy by itself and its subcontractors. The Contractor shall permit Council’s Representative or any person authorised by Council to have access to these records and to its premises, as is necessary to allow validation of its progress in complying with the Policy. The Contractor, in all subcontracts, shall require subcontractors to maintain and provide access for Council’s Representative or any person authorised by Council to the subcontractor’s records and premises to the same extent as required from the Contractor by this clause.

3.33.5 If the Contractor does not comply with the requirements of the Policy in the performance of this Contract such that a sanction is applied by Council’s Representative, Council, without prejudice to any rights that would otherwise accrue, shall be entitled to record that non-compliance and take it into account in the evaluation of any future Tenders that may be lodged by the Contractor or a related corporation in respect of work for Council.

3.33.6 The Contractor shall not appoint a subcontractor, consultant or supplier in relation to the Contract where the appointment would breach a sanction imposed by Council’s Representative.

3.33.7 Any subcontracts for works on the project shall be subject to compliance with the Policy requirements as set out in the previous paragraphs.

3.33.8 Notwithstanding 3.33.6 and 3.33.7 the Contractor must submit for the approval of Council’s Representative, full details of all subcontractors he intends to use on or in connection with the works.




PART 4 SCHEDULES AND FORMS




4.1 SCHEDULE OF PRICES*

TENDER NO. 2020-03 SEWER RELNING - BREWARRINA

TOTAL:

Rate

QTY

Total

Cleaning

Clean for lining -

150mm

Metre $

26.44

$

Clean for lining -

225mm

Metre $

332.27

$

Lining

Lining -

150mm

Metre $

26.44

$

Lining -

225mm

Metre $

332.27

$

Cutting

Junctions

Cut Junctions -

150mm

Each $

1

$

Cut Junctions -

225mm

Each $

26

$

Sealing

Junctions

Seal Junctions -

150mm

Each $

1

$

Seal Junctions -

225mm

Each $

26

$

Assumed Civils

Assumed Civils - 1.5 -

3mtrs depth Each $

14

$

Jet of

Junctions

Each $

7

$

Sub

Total Total EX GST $

Mobilisation and Establishment fee – per Local Government Area specified in the order.

JOB

CODE

Each

1

$

Civils Establishment

Each

1

$




Condition Rating

Note* This is a Schedule of Prices Contract and Payment will be made on the basis of AGREED PERCENTAGES OF ACTUAL QUANTITIES OF WORK performed jointly measured and agreed as conforming to the Contract requirements.

Note** Prices to include for all associated costs including, but not limited to, the costs of plant, labour, fuel, permanent and temporary materials, tools, insurances etc. All costs associated with all work shown or inferred in the drawings the tender documents are deemed to be included in the tendered scheduled rates.

Summary

DIA Rating

4 5 Total Lines Length Junctions Lines Length Junctions Lines Length Junctions

150 1 26.44 1 0 0 0 1 26.44 1

225 1 83.45 7 3 248.82 19 4 332.27 26

300 0 0 0 0 0 0 0 0.00 0

375 0 0 0 0 0 0 0 0.00 0

TOTAL 2 109.89 8 3 248.82 19 5 358.71 27




Provisional Rates and Prices. Tender to Nominate if used.

Anticipated date for commencement of Contract if successful tenderer_______________________________

Anticipated duration of works:-

Total duration of works _____________ weeks

Name of Tenderer …………………………………………………

Signature of Director …………………………………………Printed Name……………………………….……………

Date ……………………………………

Signature of 2nd

Director/Witness …………………………….Printed Name………………………………………….

Date………………………………………




4.4 ETHICAL SUPPLIERS DECLARATION

…………………………………………………………………………………..[Name of Tenderer], ……………………………………………………..………..…….….[ACN & ABN] (the Tenderer) If a company, include ACN, and if a partnership or sole proprietor, include the full names of individual members and ABN number.

1. Do you have any industrial instrument or agreement unique to the Employees and Subcontractors of the Tendering Entity?

Yes / No If yes provide details as a separate attachment.

2. Have you/your firm/or any firm you are associated with, had a finding against it by a court, tribunal, commission or board of a breach of any Prescribed Legislation, including a finding of a breach in a non-confidential consent order, in the preceding 24 months.

Yes / No If yes, attach Full Details of any findings against the Tendering Entity.

3. I/We accept that in tendering for this work, we may be asked to provide documentation relating to the above prior to entering into a contract or at anytime during the contract period.

4. I/We declare that the supplied information is correct as of this date and that the Tendering Entity does comply with all employee and industrial relations obligations.

________________________________ _____________________________________ Signature of Director Printed Name

________________________________ Date

________________________________ _____________________________________ Signature of 2

nd Director else Witness Printed Name

Date




4.6 SELECTION CRITERIA INFORMATION

ORGANISATIONAL CAPACITY

Please comment on the following criteria Current financial capacity Technical experience of key staff Current Projects/Commitments Managerial skills Experience in the Shire Major Suppliers and Subcontractors Does your Company have current insurance policies for:

Public Liability Yes/No Motor Vehicles Yes/No

Workers Compensation Yes/No Professional Indemnity Yes/No

Successful tenderers will need to provide proof of currency of insurances prior to starting work under this contract




SCHEDULE OF RELEVANT EXPERIENCE

PROJECT 1: __________________________________________________________________ Location: ____________________________________________________________________

Value: _______________________________________________________________________

Project Description: ___________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

KEY COMPANY PERSONNEL

Name Relevant Experience in Project 1

KEY SUB-CONTRACT PERSONNEL


Superintendent Name: ___________________________ Phone No: ___________________

Company: ___________________________________________________________________

Environmental Management Issues: ______________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Safety Management Issues _____________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Name of Tenderer: ______________________________________________________________________ Signature of Tenderer: _________________________________ Date: ___________________________

This schedule is to be completed by the Tenderer and submitted with the tender documents.




SCHEDULE OF RELEVANT EXPERIENCE

PROJECT 2: __________________________________________________________________ Location: ____________________________________________________________________

Value: _______________________________________________________________________

Project Description: ___________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

KEY COMPANY PERSONNEL


KEY SUB-CONTRACT PERSONNEL


Superintendent Name: ___________________________ Phone No: ___________________

Company: ___________________________________________________________________

Environmental Management Issues: ______________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Safety Management Issues _____________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Name of Tenderer: ______________________________________________________________________ Signature of Tenderer: _________________________________ Date: ___________________________

This schedule is to be completed by the Tenderer and submitted with the tender documents.

Contract No: 2020-03 - Brewarrina Shire · contract no: 2020-03 brewarrina sewer relining tendered...

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