Request for Tender - Cootamundra–Gundagai Regional Council...GENERAL INFORMATION FOR TENDERERS Cootamundra-Gundagai Regional Council RFT 2019/6 – Fisher Park Light Tower Upgrade

Request for Tender (RFT)

Request for Tender Ref: RFT2019/6

Tender Name: Fisher Park Light Tower Upgrade Cootamundra

Issued by: Cootamundra-Gundagai Regional Council ABN 46 211 642 339

Issue Date: Thursday, 30 May 2019

Closing Date and Time: Thursday, 20 June 2019 at 2pm (Sydney time)

Contact Officer: Catherine Smith, Procurement Officer

Contract Term: Completion date 31 December 2019

Method of Lodgement: www.Tenderlink.com/cgrc

Important: This RFT and any other information provided to a Tenderer in connection with this RFT or the tendering process is confidential and is made available to the recipient solely for the purpose of developing a Tender in response to this RFT. If you do not intend to respond to this RFT or do not agree to keep this RFT and information relating to it confidential in accordance with its terms, please immediately notify the Contact and destroy or return all copies of this document and all related information which are in your possession or control. The Tenderer’s Response must be completed in the format specified and submitted by electronic lodgement.

http://www.tenderlink.com/cgrc

Cootamundra-Gundagai Regional Council RFT 2019/6 – Fisher Park Light Tower Upgrade Page 2 of 7

Table of Contents Page

GENERAL INFORMATION FOR TENDERERS ..................................................................... 3 1. OVERVIEW OF TENDER PROCESS .................................................................................................... 4 2. KEY INFORMATION ABOUT THIS TENDER ....................................................................................... 5

INTRODUCTION AND BACKGROUND INFORMATION..................................................... 6 1. INTRODUCTION ............................................................................................................................... 6 2. PURPOSES OF TENDER ..................................................................................................................... 7 3. DISCLAIMER ..................................................................................................................................... 7

GENERAL INFORMATION FOR TENDERERS


GENERAL INFORMATION FOR TENDERERS Conditions of Tendering describe the conditions for tender submission and the tender process. The Conditions of Tendering will not form part of any Contract. The Conditions of Tendering also describe evaluation criteria to be used in selecting the best tender. You must consider and address the evaluation criteria when developing and submitting your tender. Tenderer means the person or entity lodging or intending to lodge a Tender. Contractor means the successful Tenderer. Tender Form contains details about the Tenderer and a commitment to the rates/prices provided for items on the Schedule of Rates form, which is to be submitted with the Tender Form. Goods and Services Tax The tendered lump sum and/or rates must exclude GST if it is payable. Schedule of Rates which is to contain the tendered rates for individual items of work that require quantity measurement for payment purposes, and prices for lump sum items which require verification of full or partial completion to enable payment. Tender Schedules are required to be completed with your tender. These have been designed to make completing and evaluating tenders easier. If you want your tender to be considered and fully evaluated you must complete these forms accurately and thoroughly. General Conditions of Contract are the required General Conditions of Contract for Cootamundra-Gundagai Regional Council related contracts. If your tender is based on other conditions of contract, your tender will not be considered. Technical Specification which provides the technical requirements for any Contract and descriptions of the work required under any Contract. You should take care to show in your tender that you are capable of meeting the Specification in carrying out the work under the Contract. Appendices which, where applicable, are other documents referred to in the body of the other tender documents.



1. OVERVIEW OF TENDER PROCESS

Formation of Contract

Following acceptance of a Tender, the successful Tenderer(s) and CGRC will enter into an Agreement

Acceptance of Tender

Any or no Tender may be accepted and the Tender for the lowest Tender Price will not necessarily be successful

CGRC will notify in writing both successful and unsuccessful Tenderers

Consideration of Tenders

The Tender Evaluation Panel will assess Tenders against consistent predetermined criteria

Recommendation to go to Council for acceptance and resolution

Opening of Tenders

Tenders will be opened in public after the Closing Time

Submission of Tender

Submit Tender by the Closing Time electronically in accordance with the Tender Documents

Tenders will remain open for acceptance during the Tender Validity Period

Tenderer must provide any further information in connection with a Tender on request of CGRC

Completion of Tender

Complete Returnable Schedules in accordance with the Tender Documents

Tenderer to inform themselves

Review Tender Documents and any related documents

Attend any pre-Tender briefing

Request clarification of any queries or doubts from the

Contact

Rely on own knowledge and enquiries in submitting a

Tender



2. KEY INFORMATION ABOUT THIS TENDER

Name of Project Fisher Park Light Tower Upgrade Cootamundra

Tender Number RFT 2019/6

Contact Catherine Smith

Procurement Officer

Cootamundra-Gundagai Regional Council

Email: [email protected]

Briefing session There is no pre-Tender briefing session for this RFT

Submitting a Tender All Tenders shall be lodged electronically via www.tenderlink.com/cgrc online portal. Please limit your documents to a maximum of three (3) attachments. It is preferable if your document is contained in one (1) file if possible.

Tender Validity Period 90 days

Tender Documents Information for tenderers to retain:


INTRODUCTION AND BACKGROUND INFORMATION

PART A CONDITIONS OF TENDERING

PART B SPECIFICATION

PART C GENERAL CONDITIONS OF CONTRACT

Information to be provided by tenderers (to return):

PART D TENDER FORM AND SCHEDULES

To be executed upon successful appointment:

DEED OF AGREEMENT

Contract The general conditions of contract for this Tender shall be from Australian Standard AS 2124-1992 and Special Conditions set out in Part C.





1. INTRODUCTION Cootamundra-Gundagai Regional Council is a merged local government area of the former Cootamundra and Gundagai Shires. The two towns of Cootamundra and Gundagai are the main population centres with a number of villages and rural communities also serving as residential options. All of these residential areas have strong existing and historical connections to the surrounding rural lands, with the architecture and wealth of the towns in particular, directly attributable to the agricultural industry. The total land area is 398,141.7 hectares, home to 11,286 people (Census, 2016). Agriculture, Forestry and Fishing are the largest employment industries, employing 15.3% of employed persons. Manufacturing (which includes agricultural value add industries) is a close second, employing 10.6% of employed persons (Census, 2011). In 2011, the combined value of agricultural commodities produced from the Cootamundra-Gundagai Regional Council Local Government Area was $103 million, however this figure does not capture other agricultural outputs such as agritourism, local markets, events and so on.



2. PURPOSES OF TENDER Council is seeking tenders from suitably qualified and experienced Contractors to supply, install, aim test and commission of new sports field lighting at Fisher Park, located at corner Adams and Murray Streets, Cootamundra NSW 2590. This project is part of the NSW Government Stronger Communities grant programme with an estimated value of $222,000 excluding GST. The purposes of this tender are to:

Seek competitive and innovative responses in accordance with the provisions of the Local Government

Act 1993 for Council’s requirements to upgrade the light towers at Fisher Park in Cootamundra,

Access and procure the necessary services more readily and efficiently; and

Obtain best value for money for the Community.

3. DISCLAIMER Whilst every care has been taken by Council in the preparation of this Request for Tender document (“RFT”), Council issues this document without any responsibility for its accuracy, completeness or omission of any information. To the maximum extent permitted by law:

(a) Council, its officers, employees and agents will not be liable for any loss, damage, cost or expense (including without limitation any liability arising from any fault or negligence on their part) arising from or otherwise in connection with this Tender; and

(b) Tenderers release and indemnify Council from all claims, suits, demands, proceedings, actions, liabilities, damages and costs which may arise under statute, law, equity or otherwise arising from, whether directly or indirectly, or in connection with this Tender.

END OF DOCUMENT – REQUEST FOR TENDER

Part A - Conditions of Tendering







Contract Term: Completion Date 31 December 2019


Important: This RFT and any other information provided to a Tenderer in connection with this RFT or the tendering process is confidential and is made available to the recipient solely for the purpose of developing a Tender in response to this RFT. If you do not intend to respond to this RFT or do not agree to keep this RFT and information relating to it confidential in accordance with its terms, please immediately notify the Contact and destroy or return all copies of this document and all related information which are in your possession or control. The Tenderer’s Response must be completed in the format specified and submitted by electronic lodgement.



TABLE OF CONTENTS Page Number

PART A - CONDITIONS OF TENDERING ............................................................................ 3 1. Contact Person ................................................................................................................................ 3 2. The Council ...................................................................................................................................... 3 3. Services ............................................................................................................................................ 3 4. Goods and Services Tax ................................................................................................................... 3 5. Canvassing of Councillors or Council Officers ................................................................................. 3 6. NSW Government Legislation ......................................................................................................... 3 7. Interpretation of Legislation............................................................................................................ 4 8. Tender Process ................................................................................................................................ 4 9. Pre- Tender Briefing ........................................................................................................................ 4 10. Tender Documents...................................................................................................................... 4 11. Tender Preparation and Lodgement ........................................................................................... 5 12. Submission of tender .................................................................................................................. 5 13. Acknowledgements by Tenderer ................................................................................................ 6 14. Alternative tenders ..................................................................................................................... 6 15. Joint Tenders ............................................................................................................................... 7 16. Consortium Tenders will be considered at Council’s discretion ................................................. 7 17. Collusive Tendering ..................................................................................................................... 7 18. Conflict of Interest ...................................................................................................................... 7 19. Discrepancies and Omissions ...................................................................................................... 7 20. Addenda to Tender Documents .................................................................................................. 7 21. Evaluation of tenders .................................................................................................................. 8 22. Appropriate trade/professional licences .................................................................................... 9 23. Financial Assessment of Tenderers ............................................................................................. 9 24. Acceptance of tenders ................................................................................................................ 9 25. Tenderer’s responsibilities .......................................................................................................... 9 26. Validity Period of Tender ............................................................................................................ 9 27. Protection of privacy ................................................................................................................... 9 28. Disclosure of information ......................................................................................................... 10 29. Insurance................................................................................................................................... 11 30. Professional indemnity insurance ............................................................................................. 11 31. Environmental Management .................................................................................................... 11 32. Environment and Cultural Heritage .......................................................................................... 11 33. Industrial relations .................................................................................................................... 11 34. Contract .................................................................................................................................... 11 35. Termination............................................................................................................................... 11 36. Applicable Law .......................................................................................................................... 11 37. Sub-Contractors ........................................................................................................................ 12

PART A – CONDITIONS OF TENDERING


PART A - CONDITIONS OF TENDERING

1. Contact Person

All requests for clarification, information or advice regarding these tender documents should be directed to the Contact Person: Catherine Smith Procurement Officer Cootamundra-Gundagai Regional Council Phone 1300 459 689 Email: [email protected] If before the closing date, it becomes evident that there is a discrepancy in the tender documents; an omission in the information provided or information arising out of inquiries this information shall be made available to all Tenderers. Council will provide a written update to all recipients of the tender documents by way of an addendum.

2. The Council

The term ‘The Council’ as stated in this document is Cootamundra-Gundagai Regional Council.

3. Services

The term ‘Services’ means the Services to be provided by the successful Tenderer to Cootamundra-Gundagai Regional Council pursuant to the attached Specification and Schedules.

4. Goods and Services Tax

The tendered lump sum and/or rates must exclude GST if it is payable.

5. Canvassing of Councillors or Council Officers

The canvassing of Councillors or Council Officers in regard to this tender will cause the Tenderer to be disqualified. The Tenderer and its representatives must not interfere or attempt to interfere or to discuss this Tender with Councillors or employees of the Council other than the nominated Contact Officer. The Council reserves the right to reject any Tender submitted by a Tenderer which contravenes this clause.

6. NSW Government Legislation

Tenderers must comply with the Local Government Act 1993 (NSW) ["the LG Act"] and the Local Government (General) Regulation 2005 ["the Regulation"] as well as the provisions of the NSW Government Code of Practice for Procurement ["the Code"]. Lodgement of a tender is evidence of the Tenderer's agreement to comply with the LG Act, the Regulation and the Code. In the event of there being any inconsistency between:

Any Condition of Tendering and a provision of the Regulation, or

Any provision of the Code and a provision of the Regulation, The provision of the Regulation shall prevail to the extent of the inconsistency. Council must also comply with the Tendering Guidelines for NSW Local Government issued by the NSW Department of Local Government issued on 26 October 2009 (“The Guidelines”).

mailto:[email protected]



A copy of the NSW Government’s Code of Practice for Procurement can be found at: https://www.procurepoint.nsw.gov.au/sites/default/files/documents/code_of_practice_for_procurement_2013_ir_guidelines_0.pdf

Lodgement of a tender is evidence of the Tenderer’s agreement to comply with the Code for the duration of any Contract that may be awarded. If a Tenderer fails to comply with these requirements, Council may take the failure into account when considering this or any subsequent tender from the Tenderer, and may pass over such tender.

7. Interpretation of Legislation

A reference to legislation (including subordinate legislation) is a reference to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it.

8. Tender Process

This is an open Tender conducted in accordance with the Local Government Act 1993 (NSW) (the "Act") and the Local Government (General) Regulation 2005 (the "Regulation") and the Tendering Guidelines published by the Department of Local Government in 2009 (Circular 09-39) (the "Guidelines"). Tenderers must comply with the requirements of the Act, the Regulation and the Guidelines.

This Tender is open to any organisation able to demonstrate to the Tender Evaluation Panel that it is able to supply the Services described in the Tender Documents.

Tenderers shall, prior to submitting their Tender, become acquainted with the nature and extent of the Services to be undertaken and make all necessary examinations, investigations, inspections and deductions.

No claims arising from a failure to take any such actions will be considered and Cootamundra-Gundagai Regional Council does not accept any responsibility if a Tenderer fails to make their own enquiries, interpretations, deductions and conclusions when preparing its Tender.

The Tenderer should satisfy themselves that they have sufficient and complete information to prepare its Tender and no claims will be accepted that information is missing or incomplete once Tenders have been submitted.

Tenderers are required to familiarise themselves with all regulatory requirements relating to the Services and the elements necessary to perform the Services. This includes the extent, if any, of any GST payable for the supply of any services pursuant to the Contract.

Cootamundra-Gundagai Regional Council will accept no responsibility for a Tenderer's failure to make its own enquiries, interpretations and conclusions from information contained within the Tender Documents or otherwise.

9. Pre- Tender Briefing

There is no pre-Tender briefing session scheduled for this RFT. Should Tenderer’s wish to undertake a site inspection, Council’s designated Contact Officer should be contacted.

10. Tender Documents

The Tender Documents comprise the following: (a) Part A – Conditions of Tendering (b) Part B – Specification (c) Part C – General and Special Conditions of Contract (d) Part D – Tender Schedules

https://www.procurepoint.nsw.gov.au/sites/default/files/documents/code_of_practice_for_procurement_2013_ir_guidelines_0.pdfhttps://www.procurepoint.nsw.gov.au/sites/default/files/documents/code_of_practice_for_procurement_2013_ir_guidelines_0.pdf



11. Tender Preparation and Lodgement

Conforming Tenders To submit a conforming Tender, the Tenderer must:

(a) Comply with all the requirements contained in the Tender Documents; and

(b) Complete and execute all the Tender Schedules.

Tender Lodgement Tenders must be lodged in the manner and at the place specified in clause 12 below and not later than the Closing Time on the Closing Date as specified in clause 12.

Electronic Tenders Electronic Tenders should be submitted at www.tenderlink.com/cgrc. Any other method of electronic submission will not be accepted.

Late Tenders Tenders received after the Closing Time on the Closing Date will not be accepted.

Ownership of Tenders and Tender Information Tenders lodged by a Tenderer shall become the property of Council and on no account will they be returned to the Tenderer.

12. Submission of tender

Tenderers are asked to submit their lodgement either electronically (preferred) or via hard copy to the Tender Box. If Tenderers are lodging their tender submission via electronic lodgement they must do so at https://www.Tenderlink.com/cgrc. Please note it is recommended that you upload at least 1-2 hours prior to the closing time to avoid any possible issues that may delay transmission. If Tenderers choose to deliver to the Tender Box, they are asked to provide one hard copy of their tender submission and one soft copy. The soft (electronic) copy should be supplied on a virus scanned CD Rom or USB in Microsoft Word, PDF or Excel Format. Soft (electronic) copies should not exceed more than four (4) file attachments. Tenderers must lodge the Tender Form, Tender Schedules and any other information required as outlined in the Specification to the Tender Box in a sealed envelope endorsed as follows before the closing date and time specified below:

Tender Number: RFT2019/6 Tender for Project Name: Fisher Park Light Tower Upgrade Cootamundra Closing Time & Closing Date: Thursday, 20 June 2019 at 2pm (Sydney time) Tender Box Address: Cootamundra-Gundagai Regional Council

81 Wallendoon Street, Cootamundra NSW 2590

Council’s Business Hours: 9:00am-5:00pm Documents to be lodged The following documents must be completed and submitted by the Tenderer:

Tender Form;

Tender Schedules; and

Documents listed in the Specification.

http://www.tenderlink.com/cgrchttps://www.tenderlink.com/cgrc



Listing of Tender Schedules

Schedule 1 – Tenderer’s details

Schedule 2 – Schedule of Rates and Lump Sum Pricing of Items

Schedule 3 – Undertaking to Comply with NSW Government Legislation

Schedule 4 – Insurances

Schedule 5 – Conflicts and Fair Dealing

Schedule 6 – Financial Assessment

Schedule 7 – Relevant Experience & Capabilities

Schedule 8 – Service Experience and Referees

Schedule 9 – Current Legal Proceedings

Schedule 10 – Sustainability and Environmental Management

Schedule 11 - Work Health & Safety

Schedule 12 – Chain of Responsibility (CoR) Compliance

It is an essential requirement for a Tender to be considered that it conforms to all requirements of the Tender Documents and covers all the works and services specified, including the requirements in the Tender Schedules. In order to determine the Tenderer’s capacity to successfully deliver the works, Cootamundra-Gundagai Regional Council requires all the Tender Schedules to be completed. Failure to comply with this requirement could lead to rejection of the tender.

13. Acknowledgements by Tenderer

By lodging its Tender, a Tenderer acknowledges that:

(a) The Council makes no representations and offers no undertakings in issuing this Tender.

(b) The Council is not bound to accept the lowest Tender or required to accept any tender.

(c) The Council may consider and may accept non-conforming Tenders if accompanied by a conforming Tender or the non-conformity is merely technical.

(d) The Council may require the Tenderer to supply further information and/or attend a conference or interview.

(e) The Tender Evaluation Panel and the Council may undertake due diligence checks including, but not limited to, verifying references and/or referees and undertaking company searches and credit checks.

(f) The Council will not be responsible for any costs or expenses incurred by a Tenderer arising any way from the preparation and submission of a Tender.

(g) The Council accepts no responsibility for a Tenderer misunderstanding or failing to respond correctly to this Request for Tender.

(h) Where information is supplied regarding historical quantities and numbers, this information is offered in good faith on the basis that such information is believed by the Council to be complete and correct at the time of its compilation. Accordingly, Cootamundra-Gundagai Regional Council accepts no responsibility for the accuracy of this information or the assumptions that the Tenderers may make based on this information.

14. Alternative tenders

Council may consider an alternative approach or solution that does not comply with the description of the Services if the Respondent also submits a “conforming” tender response containing a solution



which does comply with the description of the Services. Respondents should provide in any alternative tender responses a response which clearly:

a) complies with any Essential Requirements set out in the Statement of Requirements; b) proposes a solution which satisfies the functionality of the Services; c) separately identifies, in detail, the proposed alternative approach or solution; d) specifies each instance of change; e) states the reasons for each instance of change; and demonstrates that the proposed

alternative approach or solution is more beneficial to Council than the approach specified in this RFT.

15. Joint Tenders

Joint tenders (tenders submitted in the name of two or more Tenderers) will be considered, but any resulting contract will require the successful tenderers to be jointly and severally liable for their contractual obligations to the Council.

16. Consortium Tenders will be considered at Council’s discretion

A consortium tender must be submitted for and on behalf of each member of the tendering consortium, under a single legal entity (ABN) and must specify the structure and membership of the consortium, the role of each consortium member in providing the requirement in this RFT, and the extent to which each consortium member guarantees the performance of each other consortium member’s role.

17. Collusive Tendering

The Tenderer shall not enter into any agreement with any other Tenderer or any industry association concerning the preparation of this Tender and in particular, but without limitation to the foregoing requirement, shall not include in the pricing of the Tender any amount to be paid to an unsuccessful Tenderer or any trade or industry association above the published standard fee. The Tenderer shall not seek to obtain knowledge of the tender price of any other Tenderer and shall not reveal their Tender price to any other Tenderer at any time prior to the acceptance of a Tender by the Council. Evidence of collusive tendering may lead to the rejection of all Tenders for the Contract and Tenderers involved in such practices may be barred from tendering for further contracts with the Council for a period to be determined by the Council.

18. Conflict of Interest

Tenderers must inform the Council of any circumstances or relationships which may constitute a conflict or potential conflict of interest if the Tenderer is awarded the Contract. If any conflict or potential conflict exists, the Tenderer should advise how it proposes to address that.

19. Discrepancies and Omissions

Should a Tenderer find discrepancies, errors and/or omissions in the Tender Documents or should there be any doubt as to their meaning, the Tenderer should ask on the forum at www.tenderlink.com/crgc.

20. Addenda to Tender Documents

If, as a result of a request for clarification from a Tenderer or for any other reason, the Council issues an instruction amending the Tender Documents, the instruction will be issued via Tenderlink to all Tenderers in the form of an Addendum, which becomes part of the tender documents. Written Addenda issued by the Council are the only recognised explanations of, or amendments to, the Tender Documents. Any addendums issued should be acknowledged by the Tenderer on the Tender Form (Schedule 1).

http://www.tenderlink.com/crgc



21. Evaluation of tenders

By tendering, the Tenderer agrees that the Council may gather, monitor, assess and communicate information about the Tenderer’s performance and capacity. Council reserves the right to contact any referee nominated by the Tenderer and to obtain information about the Tenderer from any third party who the Council reasonably consider may be able to provide information about the Tenderer or which is pertinent to the Tender. Council may also require further information from Tenderers for the purposes of clarification or explanation of their Tender. This includes holding interviews with some or all Tenderers, including any personnel nominated by the Tenderer in the Tender. Tenderers shall, within the time limit specified by Council, furnish any additional information requested. Any information supplied by the Tenderer in response to a request for information or at an interview if required by Council, will form part of the Tenderer’s Tender. The Tender Evaluation Panel will determine the Tenders for final recommendation once the evaluation process has been completed. Assessment of Tenders will be based on, but not limited to, the following mandatory and essential criteria.

Mandatory Criteria (1st Stage) Tenders will initially be evaluated against the mandatory criteria. Tenders that meet the mandatory criteria in the opinion of the Tender Evaluation Panel will be short-listed and the remaining Tenders will be excluded from further evaluations. The Mandatory Criteria are:

1. Conformity with Tender submission requirements

2. Financial and commercial trading integrity and insurances, including:

Public Liability Insurance - $20 million

Professional Indemnity Insurance – Minimum $2 million

3. Contractors must demonstrate they have a strong track record of compliance with the rules of conduct which apply to Design and Construction Projects in NSW

4. All Schedules have been completed and returned

Short-listed Tenders will then be evaluated in the second stage, with this assessment to include proposed pricing structures, rates and value for money.

Remaining Criteria (2nd Stage) The evaluation process will include consideration of the Tenderer’s responses to this RFT, including the completed returnable Tender Schedules and any supporting information provided as part of their Tender response. Tender responses will be evaluated against the following essential criteria:

1. The Tenderer demonstrates relevant and adequate experience in the successful delivery of similar Design and Construct projects to public sector clients including:

Projects completed on time

Projects completed within budget

2. The Tenderer demonstrates they have sufficient depth and breadth of qualified, specialised and experienced personnel to successfully complete this project



3. The Tenderer demonstrates they have a sound track record in delivering excellent customer service and commercial outcomes for clients.

4. The Tenderer demonstrates innovation, capacity, ability to meet specifications, sound Workplace Health & Safety practices

5. Price

The above Tender evaluation criteria are not in any particular order of merit and will not necessarily be given equal weight.

22. Appropriate trade/professional licences

All services must be carried out by appropriately licensed/authorised persons.

23. Financial Assessment of Tenderers

By tendering, the tenderer agrees that the Council may engage private sector consultants to financially assess Tenderers. Financial details of Tenderers may be obtained by an external Financial Assessor for assessment. Financial Assessors have a contract to safeguard the financial details obtained. By tendering, the tenderer agrees that the Council may gather, monitor, assess and communicate information about the tenderer’s financial position. By tendering, the tenderer agrees to complete the associated Financial Assessment Information Schedule in the Tender Schedules of this document.

24. Acceptance of tenders

Cootamundra-Gundagai Regional Council is not bound to accept the lowest or any tender. Council reserves the right to reject for evaluation any tender which is non-conforming. A conforming tender is one which complies with the Tenderer's obligations and these Conditions of Tender. No departure from a condition is accepted unless the Council gives a formal agreement in writing. Tenders lodged via Tenderlink are deemed to be accepted as lodged when a lodgement notification email is received by the Tenderer from Tenderlink to its registered user. Tenderers that have not lodged a tender in full by the tender close time will not receive a lodgement confirmation notice. There will be no notification if lodged in the tender box.

25. Tenderer’s responsibilities

Tenderers shall have the responsibility to:

Not alter or change Council’s Tender Document wording and or numbering in any way.

Council reserves the right to exclude any bid not complying with this clause.

Provide in the form of attachments all necessary additional information, with reference to each relevant section including a full statement of deviations or suggested alternatives.

26. Validity Period of Tender

Tenders submitted in response to this RFT must remain open for acceptance for a period of not less than ninety (90) days after the tender closing time.

27. Protection of privacy

The Tenderer warrants, in respect of any personal information provided in its Tender or any Contract arising from this Tender, that the information is accurate, up to date and complete and that those individuals to whom the personal information refers authorise its collection and are aware:

That the information is being collected, and will be held by the Council at the address shown on the Tender Form.



That the information is being collected for the purpose of evaluating Tenders, and the administration of any Contract arising from those Tenders.

Whether the supply of the information by the individual is required by law or is voluntary, and any consequences for the individual if the information (or any part of it) is not provided and of the existence of any right to access and correct the information.

28. Disclosure of information

All tenders received by Council will be treated in confidence, but may be subject to access requests under the Government Information (Public Access) Act 2009 (GIPA Act). The Tenderer should clearly identify information they regards as “commercial in confidence”, which would be considered in the event of an access application being received. Details of any Contract awarded as a result of this Tender process may be disclosed in accordance with relevant NSW Legislation and Council policies. Information that may be disclosed includes information about the Contract, the identity of the successful Tenderer, the price payable under the Contract, significant evaluation criteria and Contract provisions for re-negotiation (where applicable). Further details of Council’s policies may be obtained from Council. The Council may publish the identities of all Tenderers, but will not disclose other information included in an unsuccessful Tender unless the relevant Tenderer agrees or release is determined under the Government Information (Public Access) Act 2009 or is otherwise legally required. For contracts valued over $150,000, the Council will publish the names of Tenderers when Tenders close on their customer’s service notice board, and the other information about the Contract specified above, will be posted on Cootamundra-Gundagai Regional Council’s website at www.cgrc.nsw.gov.au. Where the arrangement involves the Respondent providing services on behalf of Council, s.121 GIPA Act requires that the Contractor must, within (7) days of receiving a written request from Council provide Council with immediate access to the following information:

a) Information that relates directly to the performance of the services provided to Council by the Contractor pursuant to the Contract;

b) Information collected by the Contractor from members of the public to whom it provides, or offers to provide, the services pursuant to the Contract; and

c) Information received by the Contractor from Council to enable it to provide the services pursuant to the Contract.

This does not include:

a) Information that discloses or would tend to disclose the Contractor’s financing arrangements, financial modelling, cost structure or profit margin;

b) Information that the Contractor is prohibited from disclosing to the Council by provision made by or under any Act, whether of any State or Territory, or of the Commonwealth; or

c) Information that, if disclosed to the Council, could reasonably be expected to place the Contractor at a substantial commercial disadvantage in relation to the Agency, whether at present or in the future.

The Contractor will provide copies of any of the information, as requested by the Council, at the Contractor’s own expense. Any failure by the Contractor to comply with any request will be considered a breach of an essential term and will allow Council to terminate the Contract by providing notice in writing of its intention to do so with the termination to take effect seven (7) days after receipt of the notice. Once the Contractor receives the notice, if it fails to remedy the breach within the seven (7) day period to the satisfaction of Council, then the termination will take effect seven (7) days after receipt of the notice.

http://www.cgrc.nsw.gov.au/



29. Insurance

The Contractor must arrange insurance of the works (including any temporary works) and public liability and pay all premiums in accordance with the Insurance clause of the General Condition of Contract. By tendering, the Tenderer agrees to complete the associated Insurance Schedules in the Tender Schedules of this document (Tender Schedule 4)

30. Professional indemnity insurance

Applicants should provide a Statement as part of their Tender submission that their professional indemnity insurance complies with at least the minimum required by Council and if not, that they are prepared to increase the appropriate cover should they be successful.

31. Environmental Management

The successful Tenderer must comply with the environmental management requirements specified in the Environmental Management clause of the General Conditions of Contract.

32. Environment and Cultural Heritage

The successful Tenderer must use work practices and procedures that ensure that no damage occurs to flora, fauna or cultural and Aboriginal heritage artefacts.

33. Industrial relations

The successful Tenderer must plan and manage industrial relations in accordance with the NSW Government Industrial Relations Management Guidelines. A copy may be obtained at: http://www.construction.nsw.gov.au/publications. The successful Tenderer will, on request, submit a list of the Federal and NSW awards to which the Tenderer and proposed subcontractors are bound and a list of the enterprise, workplace or other enforceable industrial relations agreements to which the Tenderer is bound, and copies of those agreements. The successful Tenderer will, on request, provide appropriate information to verify compliance with these awards, enterprise or workplace agreements and all other legal obligations relating to employment.

34. Contract

This Tender Specification, Tender Schedules, Tender Form, Conditions of Tendering, Tender Documents submitted, a letter of appointment from Council and the acceptance of the appointment in writing by the successful Tenderer shall form the basis of the contract.

35. Termination

If the Contractor fails to abide by any term(s) of the contract, Council may, by giving 30 days signed notice in writing to the Contractor, terminate the contract in whole or part, without prejudice to any other right of action or claim.

In addition, Council may (without the need to comply with any show cause procedure) immediately terminate the Contract, if in the Council’s reasonable opinion, the Contractor has failed to perform the services in strict accordance with the requirements detailed herein.

36. Applicable Law

This Contract awarded will be governed by, and construed in accordance with, the laws of the ruling Australian State and Federal bodies.

http://www.construction.nsw.gov.au/publications



37. Sub-Contractors

The Contractor shall not sub contract any requirement of this contract without prior Council approval.

END OF PART A - CONDITIONS OF TENDERING

Part B – Specifications











TABLE OF CONTENTS Page Number

PART B - SPECIFICATION .................................................................................................. 3 1. Term of this Contract ....................................................................................................................... 3 2. Qualifications of Tenderers ............................................................................................................. 3 3. Engagement .................................................................................................................................... 3 4. Duties of the Service Provider ......................................................................................................... 3 5. Fees ................................................................................................................................................. 3 6. Experience of Tenderers ................................................................................................................. 4 7. Evaluation of Tenders ...................................................................................................................... 4 8. Validity Period ................................................................................................................................. 4 9. Scope of Works ................................................................................................................................ 4

PART B - SPECIFICATION


PART B - SPECIFICATION Council is seeking tenders from suitably qualified and experienced Contractors to supply, install, aim test and commission of new sports field lighting at Fisher Park, located at corner Adams and Murray Streets, Cootamundra NSW 2590. This project is part of the NSW Government Stronger Communities grant programme with an estimated value of $222,000 excluding GST.

1. Term of this Contract

It is anticipated that this project will be completed in full by 31 December 2019 to comply with Funding Body requirements.

2. Qualifications of Tenderers

Tenderers must be suitably qualified and Council also requires that they be able to demonstrate suitable experience.

3. Engagement

Council anticipates the following timelines for the delivery of this project:

Activity Date Tenders close 20 June 2019 Tender evaluation 21 June 2019 Report to Council 25 June 2019 Letter of acceptance issued 26 June 2019 Contractor to develop detailed design July – August 2019 Council to approve plans September 2019 Construction to commence September – October 2019 Project Completion 31 December 2019

4. Duties of the Service Provider

The Contractor shall provide the required design and construction services with all reasonable skill and care.

The Contractor has discretion as to the manner in which the Services are to be performed, but shall have regard to:

The Local Government Act (NSW) 1993; The Environmental Planning & Assessment Act 1979 The Environmental Planning & Assessment Regulations 2000; and Any other relevant legislative provisions.

The Service Provider shall ensure that all relevant time deadlines are met.

5. Fees

The rates and fees quoted in the Tender shall be fixed and not be subject to any variation, unless the Service Provider wishes to reduce their rates or fees.

Tendered fees and rates must be GST exclusive.

Tenderers must state their Australian Business Number.

Tenderers must complete Schedule 2 – Schedule of Rates and Lump Sum Pricing of Items.



6. Experience of Tenderers

Tenders are invited by the Council from Tenderers who have had previous experience in providing professional services of a similar nature, value and duration. Details relating to previous experience and professional services shall be listed in Schedule 7 Relevant Experience and Capabilities and Schedule 8 Service Experience and Referees.

7. Evaluation of Tenders

Evaluation of Tenders will be based on the mandatory and essential selection criteria detailed in Part A, Conditions of Tendering under heading 21 ‘Evaluation of Tenders’.

8. Validity Period

The Tender shall remain valid for a period of 90 days, or such longer period agreed by the Tenderer.

9. Scope of Works

Fisher Park is centrally located on the corner of Adam and Murray Streets and predominately used for Senior Rugby League and other various sporting and community activities. The existing lighting system is outdated and expensive to run. Council recently conducted an investigation and cost benefit analysis for the replacement of the lighting system with an economic sports cluster green lighting system which will certainly benefit council for the longer term. Council propose to upgrade the lighting system with the installation of four (4) new poles with four (4) lighting frames with thirty-two (32) light units. Based on a 10 year/5,000 hour time period, the proposed system is estimated to provide a saving of $51,800 in comparison to existing/conventional 2kW lighting systems. The estimated cost for the upgrading of the lighting system as per proposal is $222,000. The works under this contract consist of providing sports field floodlighting upgrade at the site mentioned above. The lighting lux designs for Fisher Park are to be provided with tender submissions and shall be based on the technical specification and drawings provided on page 6 of this document. The scope of works will generally consist of design, supply, installation, testing, aiming and commissioning of new lighting poles including footings, light fittings, pits, conduits and cabling, new switchboards and controls. The electrical Customer Service Line and Consumers Mains from the adjacent street or local substation may require upgrading depending on the load. Upgrading of the electrical service shall form part of this contract as well as restoration of trenching and all disturbed areas. All light poles footings shall be certified by a practicing structural engineer and certification shall be submitted to Council following the engineer’s inspections.

Preliminaries

(a) Preparation of a pedestrian traffic control plan prior to commencement of any work.

(b) Notification in writing (flyers provided by the Project Manager) of all directly

affected property/business owners/occupiers for a minimum of 72 hours prior to

commencing of works.

(c) Site establishment; including temporary fencing, shade cloth, temporary signs,

compound etc. (d) Preparation of and submission of a dilapidation report to the Projects Manager in

the form of a report and photographs of all site features, adjacent properties, etc.



prior to the commencement of any work. This report must be provided prior to grant

of site possession to Contractor.

(e) Erosion and sedimentation control of the Works, including stockpile areas. The

locations of stockpile areas will be discussed between Council and the Contractor

and agreed upon prior to commencement of works.

(f) Setting out of the works by a qualified Engineering Surveyor. (g) Liaison with public and/or private service authorities and/or companies.

(h) Regular weekly meetings between the Contractor’s representatives and Council’s representatives during construction at the Contractor’s site office. The frequency of

these meetings may vary should the need arise.

(i) Protection and/or support of existing services. (j) Site clearing and grubbing including removal and disposal of redundant

vegetation if and where required.

(k) Suppression of dust during construction day and night. (l) Ongoing maintenance of the work in terms of rectifying any hazards, erosion

control, etc. during the course of contract to practical completion.

(m) Site clean-up, restoration of damaged surfaces upon completion of works.

Civil Works

Scope of works generally includes but is not limited to:

(a) Excavation of trenches to lay conduit infrastructure (estimated to be 465 metres) including backfilling and restoration of all surfaces.

(b) Excavation and installation of new pole footings and conduit connections.

All light pole footings shall be certified by a practicing structural engineer and certification shall be

submitted to Council following the engineer’s inspections.

Light Poles & Electrical Works Works shall include but are not limited to the following components:

(a) Installation of new floodlighting poles, Consumer main pole connection, new switch

board and metering panel and light fittings.

(b) Earthing, labelling, testing and commissioning.

(c) Provision of As-Built Plans, warranties and maintenance manuals.

Landscaping Supply and lay 75mm thick 80/20 topsoil and turf on all trenches and other affected areas. Turf to be

maintained for six weeks.

Timing of Services / Period of Contract

(a) A letter of intent will be sent in August 2019. Ordering of poles and light fittings shall

take place immediately after the award of the contract in July 2019. (b) The commencement date for the works is on September/October 2019.

(c) The practical completion as follows is on or before 29 December 2019.



Fig 1.1 Location map of Fisher Park at Cootamundra

Fig.1.2 Aerial view-Fisher Park Sports Ground Fig 1.3 Example of proposed lighting system

END OF PART B - SPECIFICTION

Part C - General Conditions of Contract

Request for Tender Ref: RFT 2019/6






Contract Term: Completion Date – 31 December 2019


Part C contains the General Conditions of Contract and any Special Conditions of Contract for the abovementioned tender.


PART C – GENERAL CONDITIONS OF CONTRACT


Table of Contents

GENERAL CONDITIONS OF CONTRACT .................................................................................... 4

ANNEXURE A TO AS2124-1992 GENERAL CONDITIONS OF CONTRACT PART C ....... 5

SPECIAL CONDITIONS OF CONTRACT ....................................................................................... 8



Contract Summary Information

Contract Name : Fisher Park Light Tower Upgrade Cootamundra

Contract Number : 2019/6

Initial Period Commencement Date As soon as possible after Council issues letter of acceptance

Initial Period Completion Date : 31 December 2019

Details of Possible Extensions : n/a

Maximum Allowable Contract Period: Six Months

Contract Completion Date: 31 December 2019

NOTE:

Commencement and Completion dates are subject to Council resolution and may vary from those above

Insurance requirements Insurance policies must be maintained for the duration of the Contract

Public Liability Insurance $20m

Workers’ Compensation As per legislation

Professional Indemnity Insurance At least $2m

Parties to Contract

Principal’s Name Cootamundra-Gundagai Regional Council

Principal’s Address for Notices PO Box 420 Cootamundra NSW 2590

Principal’s Representative Name General Manager

Principal’s Representative Telephone 1300 459 689

Principal’s Representative Email [email protected]

Supplier’s Name

Supplier’s Address for Notices

Supplier’s Representative Name

Supplier’s Representative Telephone

Supplier’s Representative Mobile

Supplier’s Representative Email

mailto:[email protected]



General Conditions of Contract

The General Conditions of Contract shall be those detailed within Australian Standard AS 2124-1992. This standard shall be deemed to form part of this Contract. Australian Standard AS 2124-1992 is excluded from this document due to its bulk.

Copies of the Standard may be purchased from Standards Australia.

A copy of Annexure Part A of this standard is attached and is to be attached to the General Conditions of Contract and shall form part of the Contract.



Annexure A to AS2124-1992 General Conditions of Contract Part C

This Annexure shall be issued as part of the Tender documents and is to be attached to the General Conditions of Contract and shall be read as part of the Contract.

The law applicable is that of the State or Territory of: (Clause 1)

New South Wales

Payments under the Contract shall be made at: Cootamundra

The Principal: (Clause 2) Cootamundra-Gundagai Regional Council

The address of the Principal: 81 Wallendoon Street Cootamundra NSW 2590

The Superintendent: (Clause 2) Wayne Bennett Manager Waste, Parks & Recreation

The address of the Superintendent: 81 Wallendoon Street Cootamundra NSW 2590

Limits of accuracy applying to quantities for which the Principal accepted rates: (Clause 3.3(b))

No limit

Bill of Quantities – the alternative applying: (Clause 4.1) Alternative 1

The time for lodgement of the priced copy of the Bill of Quantities: (Clause 4.2)

Not Applicable

# Contractor shall provide security in the amount of: (Clause 5.2)

5% of contract amount (ex GST)

# Principal shall provide security in the amount of: (Clause 5.2)

Nil

# The period of notice required of a party’s intention to have recourse to retention moneys and/or to convert security: (Clause 5.5)

5 days

The percentage to which the entitlement to security and retention moneys is reduced: (Clause 5.7)

50%

Interest on retention moneys and security – the alternative applying: (Clause 5.9)

Alternative 2

The number of copies to be supplied by the Principal: (Clause 8.3)

One (1)

The number of copies to be supplied by the Contractor: (Clause 8.4)

One (1)

The time within which the Superintendent must give a direction as to the suitability and return the Contractor’s copies: (Clause 8.4)

Five (5) working days



Work which cannot be subcontracted without approval: (Clause 9.2)

Any work under the contract

The percentage for profit and attendance: (Clause 11(b)) Nil

The amount or percentage for profit and attendance: (Clause 11(c))

Nil

Insurance of the works – the alternative applying: (Clause 18)

Alternative 1

The assessment for insurance purposes of the cost of demolition and removal of debris: (Clause 18(ii))

15% of contract value

The assessment for insurance purposes of consultants’ fees: (clause 18iii)

Nil

The value of materials to be supplied by the Principal: (Clause 18(iv))

Nil

The additional amount or percentage: (Clause 18(v)) Nil

Public Liability insurance – the alternative applying: (Clause 19)

Alternative 1

The amount of Public Liability insurance shall be not less than: (Clause 19)

$20,000,000 (Twenty million dollars) for any one occurrence

The time for giving possession of the site: (Clause 27.1) To be negotiated between the Principal and the Contractor

# The date for Practical Completion: (Clause 35.2) 31 December 2019

# Liquidated Damages per day: (Clause 35.6) Nil

# Limit of Liquidated Damages: (Clause 35.7) Nil

# Bonus per day for early Practical Completion: (Clause 35.8)

Nil

# Limit of Bonus: (Clause 35.8) Nil

# Extra costs for delay or disruption: (Clause 36) Nil

# The Defects Liability Period: (Clause 37) Fifty two (52) weeks from the Date of Practical Completion for the whole of the works

The charge for overheads, profit, etc for day work: (Clause 41(f))

Nil

Times for payment claims: (Clause 42.1) Minimum of four (4) progress payments

Unfixed plant and materials for which payment claims may be made notwithstanding that they are not incorporated into the work: (Clause 42.1(ii))

Nil



Retention moneys on: (Clause 42.3) (a) Work incorporated into the works and any work or items for which a different amount of retention is not provided, 0% of the value until 0% of the Contract Sum is held;

(b) Items on site but not yet incorporated into the works, 0%;

(c) Items off site but not in Australia, 0%;

(d) Items not in Australia, 0%;

(e) Disbursements incurred by the Contractor for Customs duties, freight, marine insurance, primage, landing and transport in respect of the work under the contract, 0%.

Unfixed plant and materials – the alternative applying: (Clause 42.4)

Alternative 2

The rate of interest on overdue payments: (Clause 42.9) 10%

The delay in giving possession which shall be a substantial breach: (Clause 44.7)

Not applicable

The alternative required in proceeding with dispute resolution: (Clause47.2)

Alternative 2

The person to nominate an arbiter: (Clause 47.3) Secretary of the Australian Commerce Disputes Centre

Location of arbitration: (Clause 47.3) Cootamundra, New South Wales



Special Conditions of Contract

1. Contract Type

Council is seeking tenders from suitably qualified and experienced Contractors to supply, install, aim test and commission of new sports field lighting at Fisher Park, located at corner Adams and Murray Streets, Cootamundra NSW 2590.

This is a lump sum tender with monthly payments to be made based on quantities of material installed and in accordance with the Schedule of Rates provided with the tender as per Schedule 2 – Rates and Pricing for Lump Sum Items.

2. Additional Charges

Any charges not clearly highlighted within the contractor’s submission will not be accepted for payment. The contractor shall very clearly identify any specific exclusions or conditions within their submission for works under this contract.

3. Insurance

The successful tenderer shall be required to forward documentary evidence to the Superintendent that, in accordance with Clause 17.1, 18, 19 and 20 of the Australian Standard General Conditions of Contract AS 2124-1992, insurance and indemnity has been effected by him with provisions acceptable to the Principal in respect to:

(a) Compensation under the Workers’ Compensation Act and subsequent amendments.

(b) Damages arising under circumstances creating also, independently of the Act, a legal liability on the employer to pay damages in respect of the injury.

(c) Co-insurance of the Principal.

Proof of such insurance must be made available to the Principal prior to commencement of any work under the Contract.

The documentary evidence shall include the Principal as co-insured and shall be submitted in the form of a Certificate of Currency which should give details of:

1. Amount of Cover;

2. Company Issuing the Policy;

3. Currency or Expiry Date;

This evidence must be available to the Superintendent prior to commencing work.

The cost of obtaining and maintaining current the above insurance, shall be included in the Lump Sum.

The insurance cover shall include for an amount not less than the sum of the provisional contract sum in accordance with the requirements of Annexure A to the General Conditions of Contract.

Alternatively, tenderers may submit evidence of participation in the Statewide Mutual CIMS.

4. Indemnification of the Principal

The Contractor, by accepting this Contract, and effecting the necessary insurances, hereby indemnifies the Principal against any claim, action or process for damage or injury that might arise during the progress of the work until the Final Certificate of Practical Completion is issued.



5. Licensing and Certificates

The Contractor shall ensure that all people working on this project have the necessary licenses and professional qualifications in place to operate all plant and equipment in the environment proposed and any specialist work that may be required when undertaking the proposed works.

6. Conduct of Employees

The Contractor and employees shall conduct themselves towards members of the public generally in a civil, obliging and inoffensive manner at all times.

7. Dismissal of Employees and Assigning Contract

The Contractor shall be required to dismiss any employee of the Contractor for misconduct or incompetency and the Contractor shall not sell, sublet, or assign this Contract or any portion thereof without the prior approval of the Superintendent.

8. Notice to Commence Work

Prior to commencement of any works, a pre-start meeting shall be organised by the Contractor following receipt of a Letter of Acceptance from the Principal. The pre-start meeting is to be attended by the Principal, Superintendent, Contractor and any relevant sub-contractors.

No works on site will be permitted to commence until the contractor has received a Letter of Acceptance from the Principal, a prestart meeting has been held and evidences of insurances have been received.

9. Order of Precedence

In the event of any inconsistency or contradiction between the Documents comprising the Contract between the Principal and the Contractor then the following order of priority of interpretation shall prevail unless advised by the Superintendent or noted otherwise.

a) Letter of Acceptance;

b) Contractor’s tender submission;

c) Notices to tenderers;

d) General Specification;

e) Special Conditions of Contract;

f) General Conditions of Contract including amendments and Annexures; and

g) Conditions of tender.

10. Confidentiality

The contractor will not:

(a) disclose contract material to a third party without the Principal’s consent;

(b) make any public comment or release any information concerning the contract or the service without the prior consent of the Principal. The Contractor will refer any media enquiries to the Superintendent.

11. Conflict of Interest

(a) The contractor warrants that at the date of its tender it was not aware of any conflict of interest that existed or was likely to arise in its performance of the contract.

(b) The contractor will immediately notify the Superintendent in writing if it becomes aware of any potential or actual conflict.



12. Independent Contractor

The contractor is an independent contractor and nothing in this contract will be construed to create any relationship of agency or employment between the parties.

The contractor will at no time represent that it is an agent or employee of the Principal.

13. Further Information

For further information relating to any documentation should be directed to the Contact Officer as per Page 5 of the Request for Tender Document.

END OF PART C – GENERAL CONDITIONS OF CONTRACT

Part D – Schedules









Part D contains the Schedules that are required to be completed and returned with your Tender submission.


Cootamundra-Gundagai Regional Council RFT2019/6 – Fisher Park Light Tower Upgrade Page 2 of 25

Table of Contents

TENDER FORM ......................................................................................... 3

PART D TENDER SCHEDULES .................................................................... 6

DEED OF AGREEMENT ........................................................................... 24

TENDER FORM


TENDER FORM

(To be submitted with Tender) Location of Tender Closing Office:

COOTAMUNDRA-GUNDAGAI REGIONAL COUNCIL 81 Wallendoon Street, Cootamundra NSW 2590

Business Name of Tenderer (in block letters):

A.B.N. (if applicable):

Address:

Telephone Number:

E-mail Address:

Contact Person:

Hereby tender(s) to perform the work for Cootamundra-Gundagai Regional Council

Tender for Fisher Park Light Tower Upgrade Cootamundra

Tender No. RFT2019/6

in accordance with the following documents:

Tender Form Conditions of Tendering General and Special Conditions of Contract AS2124-1992 Annexure A to AS2124-1992 Tender Schedules Specification Appendices

and Addenda numbers (if applicable): .............................................………

The fees and rates, which exclude GST, as per Schedule 2, Rates and Lump Sum Pricing of Items.

TENDER FORM


TENDER DECLARATION

...................................................................................... Tenderer’s Name

Tender for Fisher Park Light Tower Upgrade Cootamundra for Cootamundra-Gundagai Regional Council

Tender Reference Number: RFT2019/6

To: Cootamundra-Gundagai Regional Council ...........................................................('the Tenderer') hereby offers to Cootamundra-Gundagai Regional Council ('the Council') to perform the contract described in the Tender issued by Cootamundra-Gundagai Regional Council and identified by the above Tender Reference Number. The Tenderer has included in this Tenderer Declaration all Tendering Schedules and annexed documents that comprise the information required by Cootamundra-Gundagai Regional Council relating to this offer. The Tenderer has also submitted other information it considers relevant to its Tender. In consideration of Cootamundra-Gundagai Regional Council agreeing to consider this offer the Tenderer agrees to comply with, and be bound by, the Conditions contained in the Tender. ............................................................ ...................................... Signature of Tenderer’s Authorised Person Date of Signature ..........................................................……. Name and Position of the Authorised Person …………………………………… …………………………………… Telephone Number of Tenderer Facsimile Number of Tenderer ................................................... Tenderer’s ACN1/ABN

1 ACN to be provided by bodies established under the Corporations Law.

....................................................................... ....................................................................... ....................................................................... Address of Tenderer

TENDER FORM


STATUTORY DECLARATION

(To be signed and submitted with the Tender)

CONTRACTS NOT YET AWARDED

I, ……………………………………………………………………………………………………………

of……………………………………………………………………………………………………………

NEW SOUTH WALES, DO SOLEMNLY AND SINCERELY DECLARE, in respect of the Tender for:-

……………………………………………………………………………………………………………... Or any contract arising from the Tender, that:-

1 I hold the position of ……………………….…………………………..……….. and am duly authorised

by………………………………………..…….. ("the Tenderer") to make this declaration on its behalf. 2 The Tenderer is not aware of any conflict of interest it has that may prohibit the competitive

tendering process. 3 Neither the Tenderer nor any of its servants or agents had any knowledge of the price of any

other Tenderer prior to submitting its tender nor has the Tenderer or any of its servants or agents disclosed to any rival Tenderer the Tenderer's price prior to the closing of tenders.

4 The Tenderer submits its tender in good faith and has not deliberately set its tender price above

the level of rival Tenderers. 5 As at the date of this declaration, the Tenderer intends to do the work set out in the tender. 6 Neither the Tenderer nor any of its servants or agents has entered into any contract,

arrangement or understanding having the result that, in the event that it is successful in the tender, it will pay to any unsuccessful Tenderer any moneys in respect of or in relation to the tender or any contract resulting therefrom.

AND I MAKE this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Oaths Act, 1900. SUBSCRIBED AND DECLARED at …………………………………… …………………………………………………………..

Signed by: this………………..day of…………………….…………………20…. Signed before me:………………………………..……………………. …………………………………………………………. Justice of the Peace/Solicitor Print name

The Statutory Declaration should be signed by a duly authorised officer of the firm and lodged with the tender.

PART D – TENDER SCHEDULES


PART D TENDER SCHEDULES

Tender Schedules Requirement

Schedule 1 Tenderer’s details Submit with Tender

Schedule 2 Rates and Lump Sum Pricing of Items Submit with Tender

Schedule 3 Undertaking to Comply with NSW Government Legislation

Submit with Tender

Schedule 4 Schedule of Insurances Submit with Tender

Schedule 5 Conflicts and Fair Dealing Submit with Tender

Schedule 6 Financial Assessment Information Submit with Tender

Schedule 7 Relevant Experience & Capabilities Submit with Tender

Schedule 8 Service Experience and Referees Submit with Tender

Schedule 9 Current Legal Proceedings Submit with Tender

Schedule 10 Sustainability and Environmental Management

Submit with Tender

Schedule 11 Workplace Health and Safety

Submit with Tender

Schedule 12 Chain of Responsibility (CoR) Legislation

Submit with Tender

CERTIFICATION

All Schedules referred to above have been completed and are attached. The return of all Schedules implies that the Tenderer has read and agrees to abide by them in their entirety.

Signed:

Position:

Name:

Date:



SCHEDULE 1 - TENDERER’S DETAILS

Business physical address:

Business postal address:

Phone:

Fax:

Website:

Email:

Type of Organisation (circle which applies or provide details if other)

Sole trader

Company

Partnership

Other (describe):

Date business established:

ABN / ACN:

Entity name:

Trading name:

Name of Tenderers Representative: Signed: Dated:



SCHEDULE 2 – RATES AND LUMP SUM PRICING OF ITEMS Tenderers must provide fees and/or rates for all the requirements specified in the specification. Tenderers are required to provide fixed rates for the term of the Contract. All prices quoted are to be expressed in Australian dollars, excluding GST. Unless otherwise stated, it is assumed that prices quoted include all disbursements, bank fees, travel, out of-pocket and other expenses.

Complete the Schedule of Rates below by inserting the tendered fees and rates (excluding GST) for the Fisher Park Light Tower Upgrade Cootamundra as appropriate. The Tenderer must complete this Schedule of Rates, showing the rates and prices which are to apply for the purposes of determining the value of any additional or omitted services under the General Conditions of Contract.

The tendered fees and rates below will form part of the Contract.

Fisher Park Light Tower Upgrade Cootamundra

Service

Fees/Rates (ex-GST) Comments

Eg. Investigation, estimates, advertising and preparation of lighting designs and plans

$

Preliminary and ground preparation works

$

Poles x 4

$

Lighting Frames x 4

$

Light Fittings x 32 $

Cabling $

Site trenching and cable installation $

Removal of existing timber poles and site clean-up

$

Other Fees (if applicable) $




SCHEDULE 3- UNDERTAKING TO COMPLY WITH NSW GOVERNMENT LEGISLATION The Tenderer, if awarded the Contract, will comply with the Local Government Act 1993 (NSW), the Local Government (General) Regulation 2005 and the NSW Government Code of Practice for Procurement. Name of Tenderers Representative: Signed: Dated:



SCHEDULE 4 – INSURANCES PROVIDE DETAILS OF INSURANCE (including verification by way of certificate of currency or other evidence) PROFESSIONAL INDEMNITY INSURANCE (Refer to Insurance clause)

Insurer:

Sum Insured:

Date of expiry:

NOTE: If existing Professional Indemnity insurance is not held by the Tenderer, there must be appended to this Schedule response a letter to the amount required by Council from a broker or insurer indicating the ability of the Tenderer to obtain such insurance in the event of its tender being accepted.

PUBLIC LIABILITY INSURANCE (Refer to Insurance clause)

Insurer:

Sum Insured:

Date of expiry:

WORKERS COMPENSATION INSURANCE / PERSONAL ACCIDENT INSURANCE (Refer to Insurance clause)

Insurer:

Sum Insured:

Date of expiry:




SCHEDULE 5 – CONFLICTS OF FAIR DEALINGS Tenderers shall complete this schedule as part of their Tender. The information (if any) provided by Tenderers in the space below will be taken into account in evaluating the Tender. 1. To the best of the Tenderer's knowledge and belief, after due enquiry, no family relationship exists

between:

(1) On the one hand, the Tenderer or any employee of the Tenderer directly or indirectly involved in the preparation or submission of the Tender; and

(2) On the other hand, any employee of Council involved in evaluation of Tender or administration

of contracts or in possession of confidential information relating to the Tender or the Contract. 2. Disclosure of family relationships with the Council's employees must include details of the nature and

extent of the relationship or association. 3. The Tenderer has not engaged in any unethical behaviour or sought and/or obtained an unfair

advantage in obtaining business with Council and will not in relation to this Tender. 4. If the Tenderer had received or receives any money or allowance from or on behalf of another

Tenderer in relation to this Tender, the money or the value of the allowance will be held on trust for and become immediately payable to Council.

5. If the Tenderer allows or pays to or on behalf of a trade or industry association or another Tenderer or

any other person any money in breach of the conditions of the Tender Schedule, Council is entitled to withhold from any payment due to the Tenderer on any account an equivalent sum as liquidated damages.

6. Paragraphs 4 and 5 are cumulative with and not exclusive of the rights, powers or remedies provided

by law to the Council independently of those paragraphs. 7. Unless stated below, the Tenderer has not been nor presently is an employee of Council. 8. The Tenderer must notify Council in writing immediately if any provision of this Tender Schedule

becomes incorrect, with full details of the reasons. THE FOLLOWING INFORMATION IS DISCLOSED FOR THE PURPOSES OF THIS TENDER SCHEDULE:

1.

2.

3. Name of Tenderers Representative: Signed: Dated:



SCHEDULE 6 - FINANCIAL ASSESSMENT INFORMATION It is essential for Cootamundra-Gundagai Regional Council in assessing and evaluating Tenders to be able to satisfy itself that the organisation submitting the Tender has the necessary financial capacity to undertake the works and services specified for this contract. For Cootamundra-Gundagai Regional Council to be able to make that assessment Tenderers are required to authorise Council to make enquiries of the Tenderers principal bankers, major suppliers and major sub-contractors which are to be nominated below: -

Bank Details

Bank:

A