Macalister Irrigation District

Macalister Irrigation District

TENDER DOCUMENTS

PENTLANDS CHANNEL REPLACEMENT

SRW132258

June2013

TABLE OF CONTENTS

1.GENERAL CONDITIONS of TENDERING

2.SELECTION CRITERIA

3.OFFER FORM AND TENDER SCHEDULES

4.AS 4000 – GENERAL CONDITIONS OF CONTRACT

5.REQUIREMENT

6.SPECIFICATION DETAILS

1.GENERAL CONDITIONS OF TENDERING

1.1.General

The Tenderer with their Offer shall submit all information requested in the tender documents. Offers in which the required information is not stated or which contain conditions or matter not provided for in the Specification or Conditions of the Contract may not be considered by the Authority.

1.2.Victorian Government Purchasing Policies

The following Victorian Government purchasing policies apply in respect of this tender:-

Guidelines for the purchase of goods suspected of being dumped

Government Departments and Statutory Authorities, etc., are forbidden to purchase goods which are strongly suspected of being dumped. In the event of dumping duty or cash security deposits being imposed under the Customs Tariff (Anti-Dumping) Act 1975 by the Australian Government, the Government Department or Statutory Authority, etc. will not be held to be liable for any such charges or associated charges. It will be the successful Tenderer’s responsibility to meet these charges without having recourse for recovery from the Government Department, Statutory Authority, etc.

Women’s employment policy

The Victorian Government through its agencies and authorities will not provide industry assistance or let contracts to any firm named in the Federal Parliament as not complying with legislation under the Commonwealth Affirmative Action Act 1986.

Inquiries concerning any of the above Victorian Government Purchasing Policies should be referred to the

Government Supply Support Agency

Department of Business and Employment

228 Victoria Parade

EAST MELBOURNE VIC 3002

Telephone: (03) 9412 8264 - Offsets

(03) 9412 8283 - Purchasing matters

(03) 9412 8228 - Fixed Term Agreements etc.

1.3.Goods & Services Tax

Tenderers are advised that the following payment arrangements shall apply;

The contractor shall furnish tax invoices in accordance with Goods and Services Tax legislation, but showing separately either in the invoice or in an accompanying reconciliation amounts payable in accordance with the terms of the contract and the GST payable in respect of the invoice.

Any tender for a contract must state clearly whether the contract price does or does not include GST and, if the price is GST-inclusive, must specify the GST component of the contract price.

1.4.Confidentiality

Unless compelled by a tribunal or court, SRW undertakes to treat all information received as part of the Tender submission as confidential, except that, after tenders from the preferred Tenderers have been accepted, the names of the companies invited to tender will be made available to all interested parties.

The intellectual property contained in Tender submission remains the property of the Tenderer that lodged the submission.

1.5.APCC National Code of Practice

The Contract is subject to the Australian Procurement and Construction Council (APCC) National Code of Practice for the Construction Industry – 1997. The Code of Practice may be viewed at the offices of SRW by prior appointment.

1.6.TIMING

Submissions should be forwarded to reach the Maffra Office by 1pm Thursday 4th July 2013. Electronic versions are acceptable, but should be followed up with the hard copy version in the post.

1.7.Offer Form

The Offer Form and Tender Schedules must be returned with the offer. The Offer Form shall be completed in full, signed by or on behalf of the Tenderer and witnessed before being lodged in accordance with the instructions issued with the document.

1.8.Tenders

Companies interested in responding to this Tender are invited to submit their tender.

Tenders must be submitted on the forms and schedules included in this document and must be supported by answers to all questions. The tenderer may submit additional information to support its application.

Submission of Tenders from Tenderers shall remain valid for acceptance by SRW for three (3) calendar months after the closing date of the Tender.

The Corporation reserves the right to accept or reject any submission.

All work undertaken by Tenderers in the preparation of Tender, shall be entirely at that Tenderers cost. SRW shall not be held liable for any costs incurred by Tenderers in the preparation of any Tender.

Adherence to the Tender instructions and completeness of submission content and format may be used to initially screen proposals.

Tenderers are required to attend a site inspection on Wednesday 26th June at 10:00am. Interested tenders should meet at the main offices of Southern Rural Water at 88 Johnson Street Maffra.

1.9.Form of Response

Tenderers will be required to clearly demonstrate that they have the necessary skills, experience, capacity and commitment to deliver and support their products.

It is mandatory that all schedules be submitted in printed hard copy (paper) form. Tenderers must fill in all schedules.

The schedules can be reproduced, modified or expanded as necessary to complete the responses, however the general format and level of required detail must be the same as that shown in this document. Supplementary attachments can be used where prompted or if considered appropriate.

Tenderers are invited to submit any other information that they consider may support their Tender, but it must address the Ranking Criteria set out in Table 1 of this document.

Tender submissions should be short and concise, while containing all relevant information that the Tenderer wishes to present under this process.

In lodging a Tender, the Tenderer is deemed to have accepted the terms and conditions for the Tender.

All responses shall become the property of SRW.

The full set of tender documents is to be initialled on each page, signed and witnessed on the Offer page by the Tenderer, and lodged as the tender to:

Tender Box

Southern Rural Water

PO BOX 153

MAFFRA Vic 3860

or by hand to 88 Johnson Street MAFFRA

or e-mail submissions can be addressed to:

All submissions must be marked “Tender No. SRW 132258”.

Submission of the report should be in a standard electronic format (PDF, Word.doc, etc.).

Submissions made by facsimile will NOT be accepted.

Tenders close at 1:00pm Thursday 4th July2013

2.SELECTION CRITERIA

Outlined below are the tender selection criteria. The ability of tenderers to succinctly outline their credentials and support claims with evidence of demonstrated performance will be a distinct advantage.

Mandatory Requirements

SRW will only consider tenders than can:

• Demonstrate a successful track record in works of similar value or nature;
• Demonstrate financial capability to undertake the works;
• Demonstrate capability to complete the contract within the specified time;
• Nominate the supplier of materials required under the contract and verify the suitability of materials offered.
• The tenderer must also demonstrate capability to comply with standards and tolerances.
• Ranking Criteria

The Corporation shall not be bound to accept the lowest or any Offer. SRW will rank those proposals that comply with the mandatory criteria using the ranking criteria and weightings listing in the following table.

Table 1: Tender Ranking Criteria

Ranking Criteria / Weighting
Price / 40%
Proposed management systems / 20%
Track record of the tenderer and key subcontractors in similar works and relevant construction / 20%
Track record of the project management capability of key personnel and associated skills & knowledge / 10%
Proposed construction process and resources / 10%

Notes:

With regard to scoring price, SRW will use the Association of Consulting Engineers Australia (ACEA) guidelines. The scoring formula is P = 5 + 5($M-$T)/$M where $M = median price of nominally conforming tenders and $T = tender price.

Any queries can be made by contacting the Project Manager Mircea Stancu or the Project Engineer Michael Dowe on the details below.

Mircea Stancu

Project Manager

Southern Rural Water

PO Box 153

MAFFRA VICTORIA 3860

Telephone(03) 5139 3249

Email:

Michael Dowe

Project Engineer

Southern Rural Water

PO Box 153

MAFFRA VICTORIA 3860

Telephone(03) 5139 3135

Email:

No representations or statements made by SRW staff constitute an official expression unless made in writing by the designated SRW representative.

Any additional information concerning the Tender which is considered relevant, given to one Tenderer to clarify an issue will be confirmed in writing, and copies of the questions received and the responses provided will be forwarded to all registered Tenderers.

3.OFFER FORM AND TENDER SCHEDULES

Offer Form

Offer under General Conditions of Contract AS4000 for civil works for Pentlands Channel Replacement in the Macalister Irrigation District

Contract:CONTRACT SRW 132258

To Gippsland and Southern Rural Water Corporation (Trading as “Southern Rural Water”)

ABN 70 801 473 421, 88 Johnson Street (PO Box 153) MAFFRA VIC 3860

I/We (Full name in block letters)

………………………………………………………………………………….

Of......

(Full postal address in block letters)

Hereinafter called “The Contractor”

ABN ACN

(full postal address)

Phone:Fax:

HEREBY OFFER to perform and complete for the Gippsland and Southern Rural Water Corporation the works described in general terms in Schedule 1 and in accordance with the Specification and Drawings annexed hereto and subject to the Conditions of Contract for the Contract Sum of:

$...... (including GST)

Dated the day of 2013

Name of Tenderer:

Signed:

Name of Witness:

Signed:

3.1.Schedule 1 – Lump Sum Dissection

The Tenderer shall complete this Schedule at the time of tendering. SRW will use the Schedule as a basis for calculating progress payments.

ITEM / COST
Site establishment (also includes Insurances & QA )
Remove and dispose of concrete channel lining and structures off site
Construct 375mm PVC Pipeline
Construct 300mm PVC Pipeline
Construct meter outlet MC412
Construct meter outlet MC413
Backfill earthen channel
TOTAL LUMP SUM PRICE (ex GST) / $______

3.2.Schedule 2 – Components of Contract

Item No. / Australian & New Zealand
Content / Imported Content / Total Value
$Aust / $Aust / Country
Of Origin / $Aust

• Imported content refers to Country of Origin not Country of Purchase.

• Imported content is defined as: “The estimated duty paid value inclusive of the value of any services (e.g. overseas freight and insurance, software in computer tenders consultancy or engineering effort), or any charges of overseas origin, together with Customs clearing charges”.

3.3.Schedule 3 – General Company Information

Tenderer’s Name:
Address:
Town & Postcode:
Telephone Number:
Facsimile No:
Mobile Phone:
Address for service of notices
Is the Tenderer an: / Individual?
Partnership?
Limited Liability Company?
Trading name
Work Cover registration number
If a partnership, give name and address of partners:
A.B.N. number:
If a limited liability company, give A.C.N. number:
How many years has the Tenderer been in business as a contractor under its present business name?
How many years’ experience has the Tenderer had in the type of work it would be required to perform under the Contract?
Details of Public Liability Insurance (min. $10,000,000)

3.4.Schedule 4 – Relevant Experience & Key Personnel

Previous Experience

Description of Work / Key Staff / Contract Sum ($) / Year / Client contact Name & Phone Number

Key Personnel (for this contract)

Role / Key Staff / Years of relevant experience / Qualifications
Project Manager
Site Supervisor
OH&S Officer
Tradesmen
(please specify)

3.5.Schedule 5 – Financial Capability

Financial Referees (List details)

Banks Or Other Financial Institution From Which References May Be Obtained: / Contact Person / Phone Number

SRW may request the Tenderer to provide a copy of the Tenderers trading, profit and loss and funds statements and balance sheets for the previous three financial years, which have been audited or professionally prepared.

3.6.Schedule 6 – Project Timetable

The tenderer is to provide a programme, in the form of a timebased bar chart in days, which covers the entire contract period, starting from the Letter of Acceptance.

3.7.Schedule 7 – Management Systems

SAFETY

The tenderer is to provide the following:

• A copy of the company policy statement on Occupational Health & Safety
• Lost time injury frequency rate in accordance with AS 1885
• No lost time injury frequency rates in accordance with AS 1885

GENERAL QUALITY MANAGEMENT

A certified QA is not mandatory for this project. SRW will consider the level of management system capability as part of the ranking process. The tenderer is to provide details of general QA system proposed for the contract:

• Details on the level of QA implementation
• An outline of a quality assurance plan that would be implemented for this Contract.

3.8.Schedule 8 - Statutory Declaration

I………………………………………………………………...………………………………..

Of…………………………………..in the State of Victoria do solemnly and sincerely declare

1)a. I am a tenderer for the PentlandsChannel Replacementworks.

Or

b. I am authorised to make this declaration on behalf of the tenderer for the PentlandsChannel Replacementworks.

2)a. Neither the tenderer nor any of its servants or agents has entered into any contract, arrangement or understanding to pay any money to any trade association in respect of the contract for the project referred to above.

Or

b. The tenderer has entered into a contract, arrangement or understanding to pay to ...... ……………………….. (Named Trade Association) the sum of $...... ………… on account of the tenderer being awarded the contract for the project referred to above.

3)Neither the tenderer nor any of its servants or agents had any knowledge of the price of any other tenderer before submitting its tender nor has the tenderer disclosed to any rival tenderer the tenderer’s price.

4)Neither the tenderer nor any of its servants or agents has entered into any contract, arrangement or understanding having the result that on being awarded this contract, it will pay to any unsuccessful tenderer any moneys in respect of or in relation to the tender or any contract resulting there from.

5)The tender is a genuine competitive tender and is not a “Cover Tender” or “Cover Bid”.

6)I solemnly and sincerely declare that this declaration is signed with my name and handwriting and that the contents of this my declaration are true and correct in every particular and in the belief that by virtue of the provisions of an Act of the Parliament of Victoria persons making a false declaration are punishable for perjury.

...... ………………….Signature of person making declaration

Declared at…………………………………………………….………………………………

in the State aforesaid, this………..………………day

of………………………………….2013

Before me...... ………………………………………………Signature

...... …………………..………………………………………...Name

...... …………………………………...Title for Authority

4.AS 4000 – GENERAL CONDITIONS OF CONTRACT

The general conditions of this contract are as per Australian Standard AS4000-1997 General Conditions of Contract. An Annexure to this standard is included in the contract documents as a summary of the conditions; however the contractor should be familiar with the conditions outlined in AS4000-1997.

4.1.Part A – Annexure to the Australian Standard General Conditions of Contract AS 4000 – 1997

This Annexure shall be completed and issued as part of the tender documents and, subject to any amendments to be incorporated into the Contract, is to be attached to the General Conditions of Contract and shall be read as part of the Contract.

Item
1 / Principal
(clause 1) / Southern Rural Water
ACN
2 / Principal’s address / 88 Johnson Street Maffra
VICTORIA 3860
3 / Contractor
(clause 1)
ACN
4 / Contractor’s address
5 / Superintendent
(clause 1) / MID2030 Project Director
Mike Budahazy
ACN
6 / Superintendent’s address / 88 Johnson Street Maffra
VICTORIA 3860
† 7 / Date of practical completion
(clause 1)
OR
Period of time for
practical completion
(clause 1) / Three weeks
8 / Governing law
(part 5, clause 1(h)) / If nothing stated, that of the jurisdiction where the site is located
†If applicable, delete and instead complete equivalent Item in the separable portions section of Annexure Part A
9 / a) Currency
(page 5, clause 1(g)) / If nothing stated, that of the jurisdiction where the site is located
b) Place for payments
(page 5, clause 1(g)) / If nothing stated, the Principal’s address
c) Place of business of bank
(page 3, clause 1(d)) / If nothing stated, the place nearest to where the site is located
10 / Bills of quantities
(subclause 2.2)
Alternative applying
(subclause 2.2) / If nothing stated, Alternative 1 applies
If Alternative 2 applies,
Is the bill of quantities to be priced?
(subclause 2.2) / No/Yes (delete one)
If neither deleted, the bill of quantities shall not be priced
Lodgement time
(subclause 2.3(b)) / If nothing stated, 28 days after date of acceptance of tender
11 / Quantities in schedule of rates, limits of accuracy
(subclause 2.5(b)) / Upper Limit
Lower Limit
12 / Provisional sum,
Percentage for profit and
Attendance (clause 3) / %
† 13 / Contractor’s security
Form
(clause 5) / Retention
Amount or maximum percentage of contract sum (clause 5) / If nothing stated, 5% of the contract sum
If retention moneys, percentage of each progresscertificate
(clause 5 and subclause 37.2) / If nothing stated, 10%, until the limit in Item 13(b)
Time for provision (except for retention moneys)
(clause 5) / If nothing stated, within 28 days after date of acceptance of tender
Additional security for unfixed plant and materials
(subclauses 5.4 and 37.3) / $
† If applicable, delete and instead complete equivalent Item in the separableportions section of the Annexure Part A
f) Contractor’s security upon certificate of practicalcompletion is reduced by
(subclause 5.4) / % of amount held
If nothing stated, 50% of amount held
† 14 / Principal’s security / Nil
Form
(clause 5)
Amount or maximum
percentage of contract sum (clause 5) / If nothing stated, nil
Time for provision
(clause 5) / If nothing stated, within 28 days after date of acceptance of tender
Principal’s security upon
Certificate of practical completion is reduced by
(subclause 5.4) / % of amount held
If nothing stated, 50% of amount held
15 / Principal-supplied documents
(subclause 8.2) / DocumentNo. of copies
1 Specification and drawings - one copy
2
3
4
5
6
If nothing stated, 5 copies of the drawings, specification, bill of quantities or schedule of rates (if any)
16 / Time for Superintendent’s direction about documents
(subclause 8.3) / days
If nothing stated, 14 days
17 / Subcontract work requiring approval
(subclause 9.2) / Excess of $50,000 total value
† If applicable, delete and instead complete equivalent Item in the separableportions section of the Annexure Part A
18 / Novation
(subclause 9.4) / SubcontractorParticular part of WUC
Selected subcontractorParticular part of WUC
19 / Legislative requirements
Those excepted
(subclause 11.1)
Identified WUC
(subclause 11.2(a)(ii))
20 / Insurance of the Works
(clause 16)
a) Alternative applying / If nothing stated, Alternative 1 applies
If Alternative 1 applies
b) Provision for demolition and removal of debris / $
OR
% of the contract sum
c) Provision for consultants’ fees / $nil
OR
% of the contract sum
d) Value of materials or things to be supplied by the Principal / $nil
e) Additional amount or percentage / $nil
OR
% of the total of paragraphs (a) to (d) in clause 16
21 / Public liability insurance
(clause 17) / $10,000,000
a) Alternative applying / If nothing stated, Alternative 1 applies
If Alternative 1 applies
b) Amount per occurrence shall be not less than / $
If nothing stated, then not less than the contract sum
22 / Time for giving possession
(subclause 24.1) / Within 7 days of date of acceptance of tender
If nothing stated, 14 days
23 / Qualifying causes of delay
Causes of delay for which EOTs will not be granted
(page 3, paragraph (b)(iii) of
clause 1 and subclause 34.3) / First 3 days of inclement weather in each calendar month.
† 24 / Liquidated damages, rate
(subclause 34.7) / per day $ 500 per day
† 25 / Bonus for early practical
Completion
(subclause 34.8) / Nil
a) Rate / per day $ per day
b) Limit / $
OR
% of contract sum
If nothing stated, there is no waiver
† 26 / Delay damages,
Other compensable causes
(page 1, clause 1 and
subclause 34.9)
† If applicable, delete and instead complete equivalent Item in the separable portions section of the Annexure Part A
27 / Defects liability period
(clause 35) / If nothing stated, 12 months
28 / Progress Claims
(subclause 37.1)
a) Times for progress claims / 21st day of each month for WUC
done to the 20th day of that month
OR
b) stages of WUC for progress claims
29 / Unfixed plant and materials for which payment claims may be made
(subclause 37.3) / nil
30 / Interest rate on overdue payments (subclause 37.5) / 7 % per annum
31 / Time for Principal to rectify inadequate possession
(subclause 39.7) / days
If nothing stated, 14 days
32 / Arbitration
(subclause 42.3)
Person to nominate an
arbitrator / If no-one stated, the President of the Australasian Dispute Centre
b) Rules for arbitration / If nothing stated:
rules 5-18 of the Rules of The Institute of Arbitrators, Australia for the Conduct of Commercial Arbitrations;
OR
b) if one or more of the parties are nationals of and habitually resident in, incorporated in, or where the central management and control is exercised in, different countries as between the parties, then the UNCITRAL Arbitration Rules shall apply and the appointing authority shall be the person provided in Item 32(c)
c) Appointing Authority under UNCITRAL Arbitration Rules / If nothing stated, the President of the Australasian Dispute Centre

4.2.Part B – Annexure to the Australian Standard General Conditions of Contract AS 4000-1997

Deletions, amendments and additions
1 / The following clauses have been deleted from the General Conditions in AS 4000-1997
2 / The following clauses have been amended and differ from the corresponding clauses in AS 4000-1997
3 / The following clauses have been added to those of AS 4000-1997

5.REQUIREMENT

5.1.Scope of Works