Weddin Shire Councilrequest for Tendert8/2016: Gravel Resheeting 2017

Weddin Shire CouncilRequest For TenderT8/2016: Gravel Resheeting 2017

GRAVEL RESHEETING 2017

REQUEST FOR TENDER (RFT)

Closing time and date for tender: 10AM 1 FEBRUARY, 2017

Tenders should be titled as “Gravel ResheetingT8/2016” and submitted

1) by post to:

“THE TENDER BOX

WEDDIN SHIRE COUNCIL

PO BOX 125

GRENFELL NSW 2810”

OR

2) electronically to:

OR

3) in person at the Counter(Weddin Shire Council’s Administration Building, Corner of Weddin and Camp Streets, Grenfell)

Contents

A.INTRODUCTION

1.DETAILS OF THE TENDER

2.SITE LOCATION

3.SITE INSPECTION

4.DETAILS OF THE WORK REQUIRED

5.TIMING AND PRICE VALIDITY PERIOD

6.ENQUIRIES AND FURTHER INFORMATION

B.RFT CONDITIONS AND INFORMATION

7.PARTICIPATION IN REQUEST FOR TENDER PROCESS

7.1Conditions for Participation

7.2Acknowledgement and Disclaimer

7.3Tenderer Costs

7.4No Contract or Undertaking

7.5Limited Liability

7.6Public Statements

7.7Council’s Rights

7.8Conflicts of Interest

7.9Canvassing

7.10False and Misleading Claims

7.11Collusive Bidding

7.12Unlawful Inducements

7.13Improper Assistance

7.14Confidentiality

7.15Ownership and Copyright

8.TENDER FORM

9.TENDER DOCUMENTS

10.REQUIREMENTS FOR TENDERS

10.1Specified Compliance Statements

10.2Content and Format Requirements

10.3Conditions for Participation

10.4Joint Tenders

10.5Insurance

10.6Length of tenders

10.7Security, Probity, Risk and Financial Checks

11.TENDER LODGEMENT

11.1RFT Closing Date and Time

11.2Lodgment of RFT submission

11.3Late submissions

11.4Tenderers to Inform Themselves

11.5Corrections and Additions

11.6Probity

11.7Period of Validity

11.8Clarifications on this RFT document

11.9Ownership of tender

11.10Notice of Changes to this RFT

12.TENDER EVALUATION

12.1Evaluation Objectives

12.2Evaluation Governance

12.3Opening the Tender Box

12.4Conditions for Participation Evaluation

12.5Compliance Evaluation

12.6Technical worth (Evaluation Criteria)

12.7Price Evaluation

12.8Risk Analysis

12.9Presentations

12.10Interviews

12.11Evaluation Recommendations

12.12Council’s Decision

12.13Notification to successful tenderer

12.14Notification to unsuccessful tenderers

APPENDIX: A

Annexures to the Australian Standard AS 4000- 1997 General Conditions of Contract

APPENDIX: B

TENDER FORM

SCHEDULE OF RATES

CONTRACTOR SITE HANDOVER FORM

INSTRUMENT OF AGREEMENT

A.INTRODUCTION

1.DETAILS OF THE TENDER

Weddin Shire Council (“Council”) seeks, by way of this RFT, to identify suitable contractors to do the work of all gravel pavements resheeting on Weddin Shire Council’s unsealed road network at various locations within the Local Government Area.Council’s Design Engineer will assess the tenders based on the established evaluation criteria and submit a draft evaluation report to Director Engineering. A final evaluation report will be prepared by incorporating any corrections made by Director Engineering. He will then make recommendation to the Council at Council meeting based on the outcome from the evaluation report. Following final approval from the Council, Council will enter into a contract with the contractor in accordance with the specifications detailed in this RFT.

2.SITE LOCATION

Weddin Shire Local Government Area is located in the central west region of New South Wales.The highlighted roads on the following map shows the location of roads that arecurrently listed for Resheeting.

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Weddin Shire CouncilRequest For TenderT8/2016: Gravel Resheeting 2017

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Weddin Shire CouncilRequest For TenderT8/2016: Gravel Resheeting 2017

3.SITE INSPECTION

The Tenderer must familiarise itself with the Works and the Sites prior to submission of its tender.

Tenderers may conduct site inspections on their own behalf by arrangement with the Council’s contact officer.

4.DETAILS OF THE WORK REQUIRED

The contract is for all pavements resheeting on Weddin Shire Council’s unsealed road network at various locations within the Local Government Area.

a)The following table shows the list of roads and the gravel resheeting work required on these roads:

• Traffic control signage
• Establishing the table drains and mitre drains
• Reforming the road
• Adding gravel
• Minimum of 100% gravel Compaction is required
• Crossfallof 3% each way

b)The Principal will provide the gravel at the gravel pits and the contractor will load and transport the material to the required work site.

c)Traffic control arrangements:

Work under traffic is required during the re-construction of the existing pavement. The contractor shall be responsible for determining and implementing a suitable traffic control plan (TCP) in accordance with Specification G10 with the following additional criteria:

• Restriction of one lane of traffic is permitted between 7:00am and 6:00pm subject to good visibility. Traffic shall not be stopped for more than 10 minutes in any direction.
• Outside these hours two-way traffic is to be provided at all times.
• Consideration should be given to minimise the duration and length that traffic travels on an unsealed surface.
• Surface drainage shall be adequately catered for all times.
• Appropriate delineation, advance warning signs and speed zoning shall be provided at all times. Particular attention shall be paid to delineation between excavated shoulders and adjacent traffic lanes.
• The contractor shall make available personnel and equipment for after-hours maintenance/emergency call outs 7 days per week while the construction is in progress.

d)Minimum of 100% gravel compaction is required from the contractor. One test per road is required by the council as part of this contract and any further testing required by the council would be treated as an extra.

5.TIMING AND PRICE VALIDITY PERIOD

Quoted amounts are required to remain valid for 90 days from the advertised date of the closing of tenders. In the event of the withdrawal of the tender prior to the expiration of this period, the tenderer shall be liable for all costs, losses or damages suffered by the principal by reason of that withdrawal.

All works associated with the Gravel Resheeting shall have to be completed by 30th of June, 2017. Tenderers should indicate if they will not be available to commence the works within thirty working days of Council’s Letter of Acceptance of the tender. It is anticipated that a tender would be accepted within 20 working days from the advertised date of the closing of tenders.

6.ENQUIRIES AND FURTHER INFORMATION

Any questions relate to the submission of this RFT should be directed to Council’s contact officer Amandeep Singh (Design Engineer) on (02) 6343 1212 or via .

B.RFT CONDITIONS AND INFORMATION

7.PARTICIPATION IN REQUEST FOR TENDER PROCESS

7.1Conditions for Participation

Conditions for Participation are mandatory requirements, which describe minimum standards that tenderers must meet for their submissions to be considered. If tenderers do not meet the Conditions of Participation, they will be excluded from the RFT evaluation process.

The Conditions for Participation are:

1)The tenderer and subcontractor(s) must not be bankrupt or insolvent.

2)The tenderer must provide details of instances where, within 5 years prior to submitting this tender, they have been found guilty of breaching any Act or Regulation. Such Acts include, without limitation:

1. Workplace Relations Act 1996 (Cth)
2. Industrial Relations Act 1996 (NSW)
3. Occupational Health & Safety Act 2000 (NSW) or Work Health & Safety act 2011 (NSW)
4. Workplace Injury Management & Workers Compensation Act 1998 (NSW)
5. Equal Opportunity for Women in the Workplace Act 1999
6. Disability Discrimination Act 1992 (Cth)
7. Human Rights (Sexual Conduct) Act 1994 (Cth)
8. Racial Discrimination Act 1975 (Cth)
9. Sex Discrimination Act 1984 (Cth)
10. Age Discrimination Act 2004 (Cth)
11. Anti-Discrimination Act 1977 (NSW)
12. Disability Services Act 1986 (Cth)

7.2Acknowledgement and Disclaimer

Weddin Shire Council, its officers, employees, advisors and agents:

a)make no express or implied representation or warranty as to the currency, reliability or completeness of the information contained in this RFT;

b)make no express or implied representation or warranty that any estimate or forecast will be achieved or that any statement as to future matters will prove correct; and

c)To the extent permitted by law, expressly disclaim all liability arising from information contained in or omitted from this RFT or otherwise provided to a tenderer.

It is the responsibility of tenderers to obtain all information necessary or convenient for the preparation of their tenders. In submitting a tender, each tenderer acknowledges that it has not relied on any express or implied statement, representation or warranty as to the truth, accuracy or completeness of the information contained in this RFT, or otherwise provided to a tenderer by Council or on Council’s behalf.

7.3Tenderer Costs

All expenses and costs incurred by a tenderer in connection with this RFT, including (without limitation) preparing and lodging a tender, providing Council with further information, attending interviews, attending site meeting, and participating in any subsequent negotiations, are the tenderer’s sole responsibility.

7.4No Contract or Undertaking

Nothing in this RFT documentation is to be construed as an offer for work or to create any binding contract (whether express or implied) between the Council and any tenderer. No Contract shall exist until the Council and the successful tenderer has executed an agreement in writing that incorporates the RFT requirements and the outcomes of subsequent negotiations (if any).

7.5Limited Liability

In the event a court finds there to be a contract between Council and a tenderer regarding the conduct of this RFT process, the tenderer acknowledges that Council’s liability for any breach of the terms of such contract is limited to the tenderer’s costs of participation in the RFT process, and does not include liability to the tenderer for any lost profit, lost opportunity or other losses.

7.6Public Statements

Tenders must not make any public statements (including without limitation providing information or documents for publication in any media) in relation to this RFT or any subsequent contract arising out of this RFT, without Council’s prior written approval.

Council will not withhold its approval to the extent the tenderer is required to disclose information by the rules of a stock exchange.

7.7Council’s Rights

Notwithstanding any other provision of this RFT, Council reserves the right, at any time to:

a)alter, amend or vary this RFT and the process outlined in this RFT;

b)if Council considers that it is in the public interest to do so, suspend or terminate this RFT process or any part of it;

c)require additional information or clarification from any tenderer or anyone else, or provide additional information or clarification to any tenderer or anyone else;

d)negotiate (on matters that may vary a response but would not substantially alter the original response) or not negotiate with any one or more tenderers, and discontinue negotiations at any time;

e)allow, or not allow, the successful tenderer to enter into the proposed agreement in the name of a different legal entity from that which provided a response to this RFT;

f)add to, alter, delete or exclude any of the requirement to be provided by the preferred tenderer under this RFT; and

g)Alter, amend or vary the terms of the Proposed Contract at any time, including without limitation during negotiations.

For the avoidance of doubt, Council may exercise its rights under this clause and elsewhere in this RFT at any time and in its absolute discretion.For the avoidance of doubt, it may be in the public interest suspend or terminate this RFT process if:

a)there is a decision made to cancel or vary the program to which the procurement relates;

b)b) unforeseen changes occur which affects the business case for the procurement;

c)unforeseen changes occur which render the requirements in this RFT inadequate, incorrect or inappropriate;

d)there is a discovery of new information materially affecting the continuation of the business case and/or procurement process; or

e)Funding is unavailable, insufficient or there is an inability to obtain authority where necessary.

Council reserves the right not to award any contract pursuant to this RFT.

7.8Conflicts of Interest

Tenderers must include in their tender details of any known circumstances that may give rise to an actual or potential conflict of interest with Council in responding to this tender or in the provision of the property or services described in this RFT.

If at any time after the tender is submitted to Council, an actual or potential conflict of interest arises or may arise for any tenderer, that tenderer must immediately notify Council in writing.

Council may, in its absolute discretion:

a)enter into discussions to seek to resolve such conflict of interest;

b)disregard the tender submitted by such a tenderer; or

c)Take any other action as it considers appropriate.

7.9Canvassing

The canvassing of Councilors relating to this RFT by a tenderer will result in automatic exclusion of the tender from the tender evaluation process.

7.10False and Misleading Claims

The attention of tenderer's is drawn to the provisions in the Trade Practices Act 1974 (Cth) and Fair Trading Act 1987 (NSW) which prohibit the giving of false and/or misleading information in documents such as a tender.

7.11Collusive Bidding

Tenderers, consortium members and their respective officers, employees, agents and advisers must not engage in any collusive bidding (other than bidding by consortia to the extent permitted by this RFT), anti-competitive conduct or any other similar unlawful conduct with any other tenderer or any other person in relation to the preparation or lodgment of their response.

7.12Unlawful Inducements

Tenderers and their officers, employees, agents or advisers must not have violated and must not violate any applicable laws or Council policies regarding the offering of inducements in connection with the preparation of their response.

7.13Improper Assistance

Tenderers must not use the improper assistance of any Council employee or use information obtained unlawfully or in breach of an obligation of confidentiality to Council in preparing their responses.

7.14Confidentiality

The information in this RFT is made available on condition that it is treated as confidential by the tenderer and is not disclosed, copied, reproduced, distributed or passed to any other person at any time except for the purpose of enabling a tender to be made. For example, a tender may disclose the information to its insurers or professional advisers for the purpose of enabling a tender to be made, provided they have each given an undertaking at the time of receipt of the information (and for the benefit of Council) to keep such information confidential.

Other than as specified above, or as required by law, and save insofar as the information is in the public domain, tenderers must:

a)not make any of the Information available to any other person without the prior written consent of the Council; and

b)Only use the Information for the preparation and submission of a tender.

The exception stated above does not apply where the information has entered the public domain as a result of the tenderer breaching its confidentiality obligations under the RFT.

7.15Ownership and Copyright

The ownership of all copyright in the RFT and its accompanying documentation remains with the Council at all times.

Tenderers must not reproduce any of the RFT in any material form (including photocopying or storing it in any medium by electronic means) without the written permission of Council other than for use strictly for the purpose of preparing tenders. The RFT and any document at any time issued as supplemental to it are and shall remain the property of Council and must be returned upon demand.

Any tender submitted by a tenderer shall become the property of the Council and Council will not be required to return a tender to the tenderer.

Tenderers grant to Council a non-exclusive, royalty-free license to use, reproduce or adapt any information contained in a tender for the purposes of the RFT.

8.TENDER FORM

The Tender Form must be properly completed and signed and initialed by or on behalf of the tenderer as a binding legal document. Tender form is attached in Appendix B.

9.TENDER DOCUMENTS

All the required tender documents and schedules are attached in Appendix B.

10.REQUIREMENTS FOR TENDERS

10.1Specified Compliance Statements

Where requested to provide a Compliance Statement, a tenderer must only indicate ‘Comply’, ‘Partially Comply’ or ‘Does Not Comply’ in accordance with the following definition given to those terms:

• in the case of a clause which imposes a contractual condition, that the condition is agreed to;
• in the case of a clause which specifies a characteristic or performance requirement, that the proposal is to provide the requirement as specified;
• in the case of a clause which is of an informative nature only, that the clause has been read understood and is agreed; or
• In the case of a clause where information has been requested that the information has been provided in the required level of detail and in the required format.

Tenders should be clear and precise and should reference, where appropriate, the paragraph and or clause numbers in the RFT and Proposed Contract to which each item relates.

Council is under no obligation to negotiate in relation to any provision of this RFT or the Proposed Contract if a tenderer’s statement of compliance concerning the clause, annexure, schedule or attachment contains a response of “Does Not Comply”.

Council will not accept responsibility for any misunderstanding arising from the failure by tenderers to conform to the requirements of the Compliance Statement. In this regard indefinite responses such as ‘noted’ may not be accepted on any Compliance Statement.

Where there is no compliance response to any provision, tenderers may be deemed not to comply with the stated requirement.

10.2Content and Format Requirements

This RFT contains various Content and Format Requirements.