Request for Tender Plumbing Services, Electrical Services, General Building and Maintenance Services

Transcription

1 Request for Tender Plumbing Services, Electrical Services, General Building and Maintenance Services Council s Tender No Deadline for the lodgement of Tenders Method of Addressing Tenders 2011-XXXX 2:00 p.m. on [INSERT] The Tender Box Byron Shire Council Provision of Plumbing, Electrical, General Building & Maintenance Services and After Hours & Emergency Call Outs 2011-XXXX Number of copies Anticipated time for opening of Tenders Council s Nominated Contact Person Tenderers are required to lodge 1 copy of their Tender. [Insert time and date for the opening of Tenders.] Name Len Reilly Telephone No address len.reilly@byron.nsw.gov.au # Page 1 of 70 Ordinary - 13/10/11

2 Part 1 Read and keep this Part Table of Contents Part 1 - Section 1 6 General information 6 1 Summary of contract requirements 6 2 Tender documents Parts comprising this Request for Tender Obtaining the Request for Tender 6 3 Definitions & interpretation Definitions Interpretation 7 4 How to prepare your tender 7 Part 1 - Section 2 9 Conditions of Tender 9 1 Compliance Failure to comply NSW Code of Practice for Procurement Compliance with other policies and codes What a Tenderer should do if it suspects corrupt conduct Consequences of failure to comply with the Code and the Policies 9 2 No offer 10 3 Nominated Contact Details Enquiries 10 4 Company Status 10 5 Selection Criteria Assessment by Council Basis of selection of Successful Tender Compliance Criteria Qualitative Criteria Sustainability 11 6 Risk assessment Council may access information Tenderer s consent 11 7 Tenderer to inform itself Obligation to review Tender documentation Tenderer to make own assessment 12 8 Clarification Seeking clarification Clarification 12 9 Variation of this Request for Tender or any Tender Request for Tender A Tender Tender price Price basis Tendered price must cover all costs Content of Tender Information set out in Part Other information Registration or licensing of contractors Method of execution of Offer Form Form of execution Corporations with seal Form of execution Corporations without seal Form of execution Individual Form of Execution Partnership Requirements for execution Non-Conforming Tenders 15 # Page 2 of 70 Ordinary - 13/10/11

3 Part 1 Read and keep this Part 13.1 Requirements Council not obliged to consider Offer to Council Offer Restrictions on withdrawal Lodgement requirements Method of lodgement Timing Delivery by hand Delivery through the e-tender portal Content of Tenders Consequences of incorrect lodgement Tender Opening Timing Rights of Tenderers Council will display list Consideration and acceptance of Tenders Contract may be for the whole or any part of the Requirements Lowest Tender Announcement of outcome of tender process Effect of Notification Execution of the Contract Notification to unsuccessful Tenderers Confidentiality Information in this Request for Tender Information supplied by a Tenderer Privacy notification Acknowledgement by a Tenderer Tenderer s rights concerning personal information Reliance on information Information in this Request for Tender Council not liable No representation or warranty Ownership of Tenders Council to own Intellectual property Costs of Tender Council not liable Subsequent negotiations Standard of behaviour Canvassing of officials Non collusion General statement of ethics Rights of unsuccessful Tenderers Publicity 21 Part 2 - Section 1 22 Specification 22 Part A Plumbing Services 22 1 Introduction 22 2 Background information 22 3 Scope of work 22 4 Specific requirements of the Contract 22 Part B Electrical Services 23 1 Introduction 23 2 Background information 23 3 Scope of work 23 4 Specific requirements of the Contract 23 Part C General Building & Maintenance Services 24 1 Introduction 24 2 Background information 24 # Page 3 of 70 Ordinary - 13/10/11

4 Part 1 Read and keep this Part 3 Scope of work 24 4 Specific requirements of the Contract 24 Implementation timetable 25 Part 2 - Section 2 68 The Contract 68 Parties 69 Background 69 Operative provisions 69 1 Definitions and interpretation Defined terms Interpretation 69 2 Performance of the Requirements 69 3 Inconsistency 70 4 Special Conditions 70 5 Administrative provisions Waiver Cooperation Counterparts Amendment Unenforceability Governing law 70 Execution page 72 Formal Instrument of Agreement - Schedule 1 Defined terms and interpretation 73 Part 1 - Definitions 73 Part 2 Interpretational rules 73 Formal Instrument of Agreement - Schedule 2 Amendments to Conditions of Contract 75 Access to information 75 1 Contractor to provide information on request 75 2 Failure to provide information 75 3 Compliance with GIPA Act 75 Council s statutory powers and discretions 75 4 No Fetter 75 Relevant Codes and Policies 76 5 Failure to comply with Codes and Policies 76 Formal Instrument of Agreement - Annexure 1 Conditions of Contract 77 Formal Instrument of Agreement - Annexure 2 Request for Tender 78 Formal Instrument of Agreement - Annexure 3 Addendums (if any) 79 Formal Instrument of Agreement - Annexure 4 Tender 80 Part 2 Section 3 81 Notice of Acceptance 81 Part 3 Section 1 82 Offer Form 82 1 Effect of submitting this Offer Form 82 2 Formation of Contract 82 3 Execution of form of Contract 82 4 Definitions 82 Schedule 82 Execution 82 Part 3 Section 2 83 Tenderer s Checklist 83 1 Organisational profile 83 2 Referees 83 3 Agents 83 4 Trusts 83 5 Subcontractors 83 6 Conflicts of interest 84 7 Financial position 84 8 Quality assurance 84 9 Insurance coverage Occupational health & safety 85 # Page 4 of 70 Ordinary - 13/10/11

5 Part 1 Read and keep this Part Part 3 Section 3 86 Selection Criteria 86 1 Compliance Criteria 86 2 Qualitative Criteria Tenderer s to note Relevant experience Key personnel skills and experience Tenderer s resources Demonstrated understanding Price 87 Part 3 Section 4 88 Price Information 88 1 Discounts 88 2 Price basis 88 3 Schedule of rates for works PART A - PLUMBING 89 4 Schedule of rates for works PART B - ELECTRICAL 92 5 Schedule of rates for works PART C - GENERAL BUILDING & MAINTENENANCE 95 Part 3 Section 5 98 Tenderer s occupational safety and health management system questionnaire 98 Part 3 Section Tenderer's safety record 105 Part 3 Section Tenderer's resources schedule Tenderer s current commitment schedule Tenderer s human resources schedule 106 Part 3 - Section Statutory Declaration of compliance and conflict of interest 107 Part 3 Section Request for Tender Annexure 1 Council s Business Ethics Policy 112 # Page 5 of 70 Ordinary - 13/10/11

6 Part 1 Read and keep this Part Part 1 - Section 1 General information 1 Summary of contract requirements Council is seeking tenders from suitably qualified and experienced parties for General Plumbing, Electrical, and General Building Services, including maintenance to Council owned and controlled buildings, public amenities and the Byron Bay and Mullumbimby Swimming Pool complexes, and including 24 hour urgent/emergency availability. Tenderers may tender for the provision of each of the following services individually: Plumbing Services Electrical Services General Building & Maintenance Services or all of the services collectively. A full description of the nature and extent of the Requirements of Council under the Contract are set out in Part 2 of this Request for Tender. 2 Tender documents 2.1 Parts comprising this Request for Tender This Request for Tender is comprised of the following parts: (1) Part 1 which includes the details of the Request for Tender and the Conditions of the tender process (read and keep this Part). (2) Part 2 which includes the Specifications, the Contract and the form of the Notice of Acceptance (read and keep this Part). (3) Part 3 which includes the forms and details of the information you are required to lodge with your Tender (complete and return this Part as part of your Tender). 2.2 Obtaining the Request for Tender The full Request for Tender may be downloaded without fee from Council s e-tender portal at 3 Definitions & interpretation 3.1 Definitions Unless the context requires otherwise the following terms used in this Request for Tender have the meanings ascribed to them as set out below: Attachments Compliance Criteria means the documents you attach to the Offer Form as part of your Tender. means the Compliance Criteria (if any) set out in Section 3 of Part 3. Conditions means the conditions set out in Section 2 of Part 1. # Page 6 of 70 Ordinary - 13/10/11

7 Part 1 Read and keep this Part Conforming Tender Contract Deadline Nominated Contact Non-Conforming Tender means a Tender that complies with the Conditions. means the contract that will be formed between Council and the Successful Tenderer in accordance with the Conditions. means the deadline for lodgement of Tenders as set out on the Cover Page of this Request for Tender. means Council s nominated contact person with respect to this Request for Tender, the details of which are set out on the Cover Page of this Request for Tender. means a Tender which: (1) does not comply with one (1) or more of the requirements specified in the Conditions; or Notice Acceptance of (2) contains any qualifications, condition or other indication that the Tenderer is not willing to perform the Contract in strict accordance with the terms of the Contract. means the notice of acceptance set out in Appendix D. Offer Form the Offer Form set out in Section 3 of Part 2. Qualitative Criteria Requirements Selection Criteria means the Qualitative Criteria set out in Section 3 of Part 3. the goods and/or services required to be provided under the Contract and as set out in this Request for Tender. the criteria used by Council in evaluating Tenders and includes the Compliance Criteria and the Qualitative Criteria. Specification means the statement of the Requirements set out in Section 1 of Part 2. Successful Tenderer Tender Tenderer means the Tenderer who s Tender is accepted by Council. means a tender lodged in response to this Request for Tender. means someone who has or intends to lodge a Tender with Council. 3.2 Interpretation In this Request for Tender: (1) unless the context otherwise requires, the singular includes the plural and vice versa and words importing persons include partnerships and corporations and vice versa; and (2) a reference to an Act includes all regulations, proclamations, instruments, policies and codes made under that Act. 4 How to prepare your tender You must prepare your Tender in accordance with the Conditions. In this regard you should: # Page 7 of 70 Ordinary - 13/10/11

8 Part 1 Read and keep this Part (1) carefully read all parts of this Request for Tender; (2) ensure you understand the Requirements; (3) complete and return the Offer Form in all respects and include all Attachments; (4) make sure you have signed the Offer Form and responded to all of the Selection Criteria; and (5) lodge your Tender before the Deadline. # Page 8 of 70 Ordinary - 13/10/11

9 Part 1 Read and keep this Part Part 1 - Section 2 Conditions of Tender 1 Compliance 1.1 Failure to comply Council may refuse to consider any Tender which does not comply with these Conditions. 1.2 NSW Code of Practice for Procurement All Tenderers must comply with the NSW Government Code of Practice for Procurement (Code) that is current at the date two (2) weeks prior to the Deadline. The ability of a Tenderer to demonstrate compliance with the Code is an essential condition of these Conditions. 1.3 Compliance with other policies and codes All Tenderers must comply with the following policies and codes with respect to the tender process: (1) Council s Business Ethics Policy attached as Annexure 1. (2) Council s Environmental Policy Annexure 2 (3) Building Code of Australia (4) All applicable Australian Standards (5) Work Cover code of Practise 1.4 What a Tenderer should do if it suspects corrupt conduct If a Tenderer believes that another Tenderer, or an officer of Council, has been involved in conduct that breaches the Code then the Tenderer should provide written details of that allegation to Council, including details of the alleged behaviour and the reasons for the suspicions of the Tenderer. Those details should be sent to the Nominated Contact and also separately to the General Manager of the Council. If Council receives any allegation of a breach of the Code or the Policies it will undertake an investigation with respect to the alleged conduct. 1.5 Consequences of failure to comply with the Code and the Policies Lodgement of a Tender is an acknowledgement and representation by the Tenderer that: (1) it is aware of the requirements of the Code and the Policies; (2) it will comply with the Code and the Policies; and (3) it will agree to provide periodic evidence of compliance with the Code and the Policies and access to all relevant information to demonstrate compliance for the duration of the Contract that may be awarded. # Page 9 of 70 Ordinary - 13/10/11

10 Part 1 Read and keep this Part If a Tenderer has failed to comply with the Code and/or the Policies, this failure will be taken into account by Council when considering its Tender or any subsequent tender and may result in this or any subsequent tender being passed over without prejudice to any other rights of action or remedies available to Council. 2 No offer Nothing in this Request for Tender: (1) is an offer by Council to enter into an agreement with any Tenderer; or (2) requires Council to accept any Tender. 3 Nominated Contact 3.1 Details The details of the Nominated Contact are set out on the Cover Page of this Request for Tender. 3.2 Enquiries All enquiries in relation to this Request for Tender or the Requirements must be directed to the Nominated Contact and no other person. 4 Company Status It is mandatory that a Tenderer: (1) is a legal entity; and (2) has a registered Australian Business Number (ABN) and is registered for GST purposes with the Australian Taxation Office. 5 Selection Criteria 5.1 Assessment by Council All Tenders considered by Council will be assessed having regard to the Compliance Criteria and the Qualitative Criteria, as well as any other matter Council determines to be relevant. Council will determine the weight given to each of the Qualitative Criteria in its absolute discretion and may also take other matters into consideration when assessing Tenders. 5.2 Basis of selection of Successful Tender Subject to Council s right to decline to accept any of the Tenders, Council will accept the Tender which, having regard to all the circumstances appears to be the most advantageous. 5.3 Compliance Criteria Any Compliance Criteria will not be point scored and instead each Tender will be assessed on a Yes/No basis as to whether the Compliance Criteria is satisfactorily met. An assessment of No against any one (1) or more of the Compliance Criteria may eliminate the Tender from consideration. 5.4 Qualitative Criteria It is essential that Tenderers address each Qualitative Criterion. # Page 10 of 70 Ordinary - 13/10/11

11 Part 1 Read and keep this Part Failure to provide the information required in any Qualitative Criterion may eliminate the Tender from consideration. 5.5 Sustainability Consistent with the Local Government Act 1993 (NSW), Council requires that all purchasing decisions incorporate principles of sustainability in its decision-making process. The purpose of considering sustainability factors in decision-making is to prefer products or services that have minimal impact on the environment and the community. The following sustainability principles will therefore be considered by Council when assessing Tenders: (1) Minimise waste only purchase when a product or service is necessary. (2) Minimise unnecessary purchasing purchase in accordance with the waste hierarchy of avoid, reuse, recycle. (3) Recycled content purchase products that contain recycled content and/or that can be recycled. (4) Non-toxic avoid purchasing chemicals that may harm human health or ecosystems. (5) Energy and water efficiency purchase products that improve resource efficiency. (6) Biodiversity protection consider biodiversity and habitat conservation implications of purchases. (7) Greenhouse purchase products with a lower carbon-footprint and that reduce reliance on fossil fuels, such as through reduced transportation. (8) Durability purchase products with a longer lifespan. (9) Minimise soil degradation purchase products that do not degrade or pollute the soil, or result in erosion in their use. Tenderers must complete and submit as part of their Tender the Supplier Sustainability Assessment Questionnaire set out in Section 10 of Part 3. 6 Risk assessment 6.1 Council may access information Council may have access to and give consideration to: (1) any risk assessment undertaken by Dun and Bradstreet; or any other credit rating agency; and (2) any information produced by the Bank, financial institution, or accountant of a Tenderer, so as to assess the relevant Tender and when assessing that Tender, any information obtained by Council referred to above will be used in the assessment of the Qualitative Criteria. 6.2 Tenderer s consent In submitting a Tender, Tenderer consents to Council accessing this risk assessment and information, including any personal information it contains. # Page 11 of 70 Ordinary - 13/10/11

12 Part 1 Read and keep this Part 7 Tenderer to inform itself 7.1 Obligation to review Tender documentation Prior to submitting a Tender, Tenderers are required to familiarise themselves with: (1) the terms of this Request for Tender (including any attachment to it such as the Contract); and (2) any other documentation or information to which they will need to have regard when satisfying the Requirements if its Tender is successful, 7.2 Tenderer to make own assessment Tenderers must make an independent assessment of the information contained in this Request for Tender and the Requirements, including obtaining any professional advice they deem necessary when making that assessment. By lodging a Tender, Tenderers will be deemed to have: (1) examined this Request for Tender and any other information provided to the Tenderer during the tender process; (2) examined all information relevant to the risks, contingencies, and other circumstances having an effect on their Tender; (3) satisfied themselves as to the correctness and sufficiency of their Tenders; and (4) satisfied themselves they have a complete copy of this Request for Tender. 8 Clarification 8.1 Seeking clarification If a Tenderer has any doubt as to the meaning of any portion of this Request for Tender, then the Tenderer may: (1) seek clarification from the Nominated Contact in writing; or (2) when submitting its Tender include a statement of the interpretation of this Request for Tender upon which it relies and upon which the Tender has been prepared. Tenderers may direct any requests for clarification under this clause to the Nominated Contact via the online forum at Council s e-tender portal at Council reserves the right to not answer requests for clarification made within seven (7) days of the Deadline. 8.2 Clarification (1) If: (a) (b) a Tenderer seeks clarification of this Request for Tender or the Requirements; and Council, through the Nominated Contact, provides clarification to the Tenderer, then Council may provide notice of the clarification to all other prospective Tenderers at its discretion. # Page 12 of 70 Ordinary - 13/10/11

13 Part 1 Read and keep this Part (2) All clarification provided by Council will be provided: (a) (b) by the Nominated Contact; and in writing. 9 Variation of this Request for Tender or any Tender 9.1 Request for Tender Council may amend or supplement this Request for Tender at any time before the Deadline by issuing Addenda to all Tenderers who have registered their interest in the tender process with Council at that time. Upon the issue of any Addenda, this Request for Tender will be varied in accordance with that Addenda and a reference to this Request for Tender is a reference to this Request for Tender as varied. 9.2 A Tender (1) Tenders may be varied: (a) for the purpose of: (i) (ii) providing Council with further information by way of clarification or explanation; or correcting a mistake or anomaly. (b) either: (i) (ii) at the request of the Council, or with the consent of Council, at the request of the Tenderer, but only if in the circumstances it appears to Council reasonable to allow the Tenderer to provide the information or correct the mistake or anomaly. (2) If a Tender is varied, Council will provide all other Tenderers with the opportunity to vary their Tenders in a similar way. (3) Council will not consider a variation sought to be made under this clause 9 if the variation would substantially alter the original Tender. 10 Tender price 10.1 Price basis VARIABLE The price included in a Tender must be variable for 3 years with 2 one year options at the discretion of Council. All prices will vary according to the variation mechanism outlined below: 1) Annually on Review Date based on the annual published figure for CPI, Australia All Groups published the quarter preceding the Annual Review Date. Review date will be annually on the date that the contract commenced 10.2 Tendered price must cover all costs The price included in a Tender must be the whole price (including GST) that Council will be required to pay pursuant to the Contract and must include all costs associated with the Contract including: # Page 13 of 70 Ordinary - 13/10/11

14 Part 1 Read and keep this Part (1) the cost of any consultants the Successful Tenderer will need to engage to satisfy the Requirements; (2) the cost of any labour or materials the Successful Tenderer will need to obtain to satisfy the Requirements; and (3) all applicable taxes and levies (such as long service leave). 11 Content of Tender 11.1 Information set out in Part 3 The Tenderer must complete and submit all of the documents contained in Part 3 as part of its Tender, including the following documents: (1) The Offer Form. (2) The Tenderer s Checklist. (3) The Contractor's Occupational Safety and Health Management System Questionnaire Other information The Tenderer must also include in its Tender any other documentation it wishes Council to consider in the evaluation of the Tender Registration or licensing of contractors Where an Act requires that the Tenderer, or any person engaged by the Tenderer to satisfy some or all of the Requirements, be registered or licensed to carry out any part of the Requirements, the Tenderer must include in its Tender, the applicable registration or licence number of the Tenderer or the relevant contractor. 12 Method of execution of Offer Form 12.1 Form of execution Corporations with seal If the Tenderer is a corporation and is required to execute documents under seal, the corporation must execute the Offer Form under seal in accordance with section 127(2) of the Corporations Act 2001 (Cth) by: (1) affixing the Common Seal of the corporation; and (2) if the corporation has only one (1) officer, ensuring that officer signs the Offer Form; or (3) if the corporation has two (2) or more officers, ensuring that at least two (2) officers of the corporation duly authorised by the corporation to do so, sign the Offer Form Form of execution Corporations without seal If the Tenderer is a corporation and is not required to execute documents under seal, the corporation must execute the Offer Form under seal in accordance with section 127(2) of the Corporations Act 2001 (Cth) by: (1) if the corporation has only one (1) officer, ensuring that officer signs the Offer Form; or (2) if the corporation has two (2) or more officers, ensuring that at least two (2) officers of the corporation duly authorised by the corporation to do so, sign the Offer Form. # Page 14 of 70 Ordinary - 13/10/11

15 Part 1 Read and keep this Part 12.3 Form of execution Individual If the Tenderer is an individual, the Tenderer must sign the Offer Form in the presence of a witness who is over the age of eighteen (18) and who must also sign the Offer Form Form of Execution Partnership If the Tenderer is a partnership, a partner of the partnership who is authorised to bind the partnership in accordance with s5 of the Partnership Act 1892 (NSW) must sign the Offer Form in the presence of a witness who is over the age of eighteen (18) and who must also sign the Offer Form Requirements for execution Any person who signs the Offer Form must write: (1) their full name; and (2) the capacity in which they are executing the Offer Form, in the appropriate space on the Offer Form. 13 Non-Conforming Tenders 13.1 Requirements If a Tenderer wishes to submit a Non-Conforming Tender it must: (1) submit a Conforming Tender; (2) submit an unmarked copy of the Non-Conforming Tender; and (3) submit a copy of the Non-Conforming Tender in marked up form which identifies all departures from the Conforming Tender Council not obliged to consider Council may, at its absolute discretion, consider a Non-Conforming Tender however is not obliged to do so. 14 Offer to Council 14.1 Offer Once lodged with Council, a Tender represents an irrevocable offer by the Tenderer to Council to enter into the Contract which will remain open for acceptance for ninety (90) days after the Deadline Restrictions on withdrawal Tenderers may only withdraw their Tender after the expiration of this ninety (90) day period by written notice to the Council. 15 Lodgement requirements 15.1 Method of lodgement Tenderers may lodge a Tender by either hand delivery or through Council s e-tender portal. # Page 15 of 70 Ordinary - 13/10/11

16 Part 1 Read and keep this Part 15.2 Timing All Tenders must be lodged with Council prior to the Deadline Delivery by hand Tenders delivered by hand must be: (1) placed in the Tender Box located at Council s Administration Building located at Station Street, Mullumbimby NSW 2482; (2) submitted in a plain sealed envelope marked in the manner set out as Method of Addressing Tenders on the Cover Page of this Request for Tender, but with no markings that would indicate the identity of the Tenderer; and (3) received by the Council prior to the Deadline Delivery through the e-tender portal The web address for Council s e-tender portal is Tenders lodged through the e-tender portal must be lodged in accordance with the instructions provided on the e-tender portal website and must be lodged prior to the Deadline Content of Tenders (1) Tenderers must ensure that: (a) (b) (c) (d) they lodge the number of copies of their Tender specified on the Cover Page of this Request for Tender, all of which must be executed by the Tenderer, one (1) of which must be marked Original and the remainder of which must be marked Copy ; each page of their Tender is numbered consecutively; any brochures or pamphlets that they wish to include in their Tender are included as part of their Tender and not submitted separately to Council; and their Tender includes an index. (2) All copies of the Tender lodged by a Tenderer must: (a) contain the information set out in clause 11; (b) (c) be written in English; and be bound. 16 Consequences of incorrect lodgement Any Tender delivered in a manner other than that set out in clause 15 will not be considered by the Council. 17 Tender Opening 17.1 Timing Tenders will be opened by Council after the Deadline at Council s Administration Building located at Station Street, Mullumbimby NSW 2482, at the time for the opening of Tenders stated on the Cover Page of this Request for Tender, unless a different time is notified to Tenderers in writing. # Page 16 of 70 Ordinary - 13/10/11

17 Part 1 Read and keep this Part 17.2 Rights of Tenderers All Tenderers (or their representatives), as well as members of the public, may attend the opening of Tenders by Council. Any person attending the opening of Tenders is entitled, on request, to be informed as to whether Council has received a particular Tender and the number of Tenders received Council will display list Following the opening of Tenders, Council will publicly display a list, in alphabetical order, on the public notice board located at Council s Customer Service Centre, of all Tenders received by it. 18 Consideration and acceptance of Tenders 18.1 Contract may be for the whole or any part of the Requirements Unless otherwise stated in this Request for Tender, Tenders may be for all or part of the Requirements and may be accepted by Council either wholly or in part Lowest Tender Council is not obliged to accept any Tender, even if that Tender has the lowest price Announcement of outcome of tender process (1) Council will accept a Tender by a Notice of Acceptance being: (a) (b) (c) (d) handed to the Tenderer; sent by prepaid post to, or left at, the address of the Tenderer included in the Tender; sent by facsimile to the facsimile number of the Tenderer included in the Tender; or sent by or some other similar electronic means to the address of the Tenderer included in the Tender. (2) No legal or other obligations will arise between a Tenderer and Council in relation to the conduct or outcome of the tender process unless and until the Council has accepted the relevant Tender in accordance with paragraph (1) Effect of Notification Upon receipt by the Tenderer of notification under clause 18.3(1) the Contract becomes binding on Council and the Successful Tenderer Execution of the Contract If required by Council, the Successful Tenderer must execute a copy of the Contract within fourteen (14) days of being requested to do so by Council. If the Successful Tenderer fails to comply with any such request from Council, then Council may rescind the Contract by notice in writing to the Successful Tenderer. If Council rescinds the Contract in accordance with the above, the Successful Tenderer must pay any costs incurred, or damages suffered, by Council in connection with: (1) this Request for Tender and the tender process undertaken in accordance with it; (2) the preparation of the Contract; and (3) any other actions taken by Council in reliance on the formation of the Contract. # Page 17 of 70 Ordinary - 13/10/11

18 Part 1 Read and keep this Part The failure of the Successful Tenderer to execute a copy of the Contract in accordance with this clause does not void or otherwise affect the obligations of the Successful Tenderer pursuant to the Contract Notification to unsuccessful Tenderers Council will notify all unsuccessful Tenderers that their Tender was not successful, or that no Tender was accepted as soon as practicable after Council: (1) accepts the Tender of the Successful Tenderer; or (2) resolves to not accept any Tender. 19 Confidentiality 19.1 Information in this Request for Tender Information provided in this Request for Tender or imparted to any Tenderer as part of the tender process is confidential to Council and must not be used by the Tenderer for a purpose other than to allow the Tenderer to prepare and lodge a Tender Information supplied by a Tenderer Information supplied to Council by a Tenderer will not be treated as commercially confidential unless specifically requested by the Tenderer. By submitting a Tender, each Tenderer acknowledges that: (1) Council is under statutory obligations concerning the management and public release of information held by it; and (2) the Tenderer will not object to the release of any information contained in a Tender in accordance with those statutory requirements, or claim damages from Council arising from the release of such information. 20 Privacy notification 20.1 Acknowledgement by a Tenderer By submitting a Tender, the relevant Tenderer acknowledges that: (1) it will be providing Council with "personal information" within the meaning of the Privacy and Personal Information Protection Act 1998 (NSW); (2) the purpose of Council collecting the personal information is to assist Council to identify, assess and evaluate the relevant Tender and to notify the Tenderer of any matters required under Part 7 of the Local Government (General) Regulation 2005; (3) upon the opening of Tenders, Council is required to display a list of the names of the Tenderers in alphabetical order; (4) if the personal information required to be provided as part of a Tender in accordance with this Request for Tender is not provided, Council may be unable to identify, consider or evaluate the Tender; (5) some of the personal information provided by the Successful Tenderer, such as their name and the successful tender price, may be disclosed to unsuccessful Tenderers, and/or to the public generally; # Page 18 of 70 Ordinary - 13/10/11

19 Part 1 Read and keep this Part (6) personal information contained in a Tender may also be included in business papers for Council meetings and unless the relevant part of the meeting is closed to the public, Council is required to make business papers available for inspection by the public; and (7) Council may make any personal information contained in a Tender available for public inspection in accordance with the Local Government Act 1993 (NSW) or the Government Information (Public Access) Act 2009 (NSW) Tenderer s rights concerning personal information You may: (1) apply for access or amendment to personal information held by Council; and/or (2) make a request that Council suppress your personal information from being made publicly available. Council will consider any such application in accordance with its statutory obligations. 21 Reliance on information 21.1 Information in this Request for Tender (1) The information contained in this Request for Tender or provided in the course of the tender process is provided by Council in good faith. Such information is intended only as an explanation of the Requirements and is not intended to form the basis of a Tenderer s decision on whether to: (a) (b) submit a Tender; and/or enter into any contractual relationship with Council. (2) The information provided in this Request for Tender does not purport to be all-inclusive or to contain all information that a Tenderer may require to complete their Tender or satisfy the Requirements Council not liable Council will not be liable for any loss or damage arising as a result of reliance on the information it provides in this Request for Tender or otherwise during the tender process No representation or warranty Council makes no representation or warranty as to the adequacy, accuracy, reasonableness or completeness of the information contained in this Request for Tender, or provided by Council during the tender process. 22 Ownership of Tenders 22.1 Council to own All documents, materials, articles and information submitted by a Tenderer as part of or in support of their Tender: (1) becomes the absolute property of Council upon receipt of that material by Council; and (2) will not be returned to the Tenderer at the conclusion of the tender process. # Page 19 of 70 Ordinary - 13/10/11

20 Part 1 Read and keep this Part 22.2 Intellectual property Notwithstanding clause 22.1, the Tenderer retains copyright and any other intellectual property rights contained in the material or information lodged with the Tender, unless otherwise provided by the Contract. 23 Costs of Tender 23.1 Council not liable Council will not be liable for any costs incurred by a Tenderer in connection with their Tender whether before or after the Deadline, whether incurred directly by them or their advisors and regardless of whether such costs arise as a direct or indirect consequence of any amendments made to this Request for Tender by Council at any time Subsequent negotiations For the avoidance of doubt, Council will have no liability whatsoever to any Tenderer for the costs incurred by that Tenderer in the course of any negotiations conducted after the Deadline if Council decides not to accept any Tenders. 24 Standard of behaviour 24.1 Canvassing of officials Any Tenderer who, to solicit support for their Tender or otherwise seek to influence the outcome of the tender process: (1) offers any inducement, fee or reward to any member officer of Council or Councillor or any person acting as an advisor for Council; (2) canvasses or attempts to intimidate any of the persons referred to in paragraph (1); or (3) contacts any member or officer of Council about this Request for Tender or the tender process, except as authorised by this Request for Tender including (but without limitation) for the purposes of discussing the possible transfer to the employment to the Tenderer of such member or officer, will be disqualified from any further involvement in this tender process (without prejudice to any other civil remedies available to Council and without prejudice to any criminal liability which such conduct by a Tenderer may attract) Non collusion Any Tenderer who: (1) fixes or adjusts the amount of its Tender by or in accordance with any agreement or arrangement with any other Tenderer; (2) enters into any agreement or arrangement with any other Tenderer that it will refrain from Tendering or as to the amount of any Tender to be submitted; (3) causes or induces any person to enter an agreement mentioned in either paragraph (1) or (2) above or to inform the Tenderer of the amount or approximate amount of any rival Tender; (4) canvasses any of the persons referred to in clause 24.1 in connection with the Tender or the outcome of the tender process; (5) offers or agrees to pay or give or does pay or give any sum of money, inducement or valuable consideration directly or indirectly to any person for doing or having done or causing or having caused to be done in relation to any other Tender or proposed Tender any act or omission; or # Page 20 of 70 Ordinary - 13/10/11

21 Part 1 Read and keep this Part (6) communicates to any person other than in its Tender the amount or approximate amount of its proposed Tender (except where such disclosure made in confidence in order to obtain quotations necessary for the preparation of the Tender, for insurance or contract guarantee bonds and/or performance bonds or professional advice required for the preparation of a Tender), will be disqualified from any further involvement in this tender process (without prejudice to any other civil remedies available to Council and without prejudice to any criminal liability which such conduct by a Tenderer may attract) General statement of ethics Tenderers acknowledge that it is an expectation of Council that: (1) its relationship with the successful tenderer will be based, amongst other things, on ethical standards which are capable of withstanding any form of scrutiny; and (2) any person wishing to do business with Council would share and promote similar standards. If there is evidence that these standards, particularly with respect to ethical matters, have been compromised, then Council will take all appropriate action to sever any then existing relationships with the person concerned. 25 Rights of unsuccessful Tenderers Unsuccessful Tenderers are not entitled to: (1) request reasons for the choice of the Successful Tenderers; or (2) otherwise seek to challenge or question the validity of the determination made by Council. 26 Publicity Tenderers must obtain the written approval of Council before any disclosures relating to the Tender or the Contract are made by the Tenderer to the press or in any other public domain. Tenderers must not undertake any publicity activities with any part of the media in relation to the Tender or the Contract without the prior consent of Council, including consent on the form and content of any such publicity. # Page 21 of 70 Ordinary - 13/10/11

22 Part 1 Read and keep this Part Part 2 - Section 1 Specification Part A Plumbing Services 1 Introduction This section sets out the specifications for works within the property branch of Council excluding works to Council s water mains and sewage network outside of property boundaries. 2 Background information Council has over 90 Council owned or managed buildings and facilities that require frequent routine and emergency plumbing services. Plumbing services are required for Council owned and controlled buildings, public amenities, Byron Bay and Mullumbimby Swimming Pool complexes on a 24 hour availability basis. The Successful Tender will also have the opportunity to quote all planned or programmed work for Council owned and controlled Buildings and the Byron Bay and Mullumbimby Swimming Pool complexes. 3 Scope of work Repairs to sewerage and drainage. Repairs to vandalised amenities blocks. Repairs and replacement of fixtures and fittings including toilet pans, cisterns, sinks, tap ware and urinals. 4 Specific requirements of the Contract Works completed and materials used are to be of First Grade quality unless otherwise specified. Must be available for emergency works and available 24 hours a day 7 days per week. Availability response time within 30 minutes for after hour and emergency call outs. Supply of sanitary fixtures and plumbing fixtures indicating percentage of mark up. Reporting requirements invoices are to be detailed for works completed including hours on job and parts used. Quality Systems Plan Current Contractors License NSW Current Business Registration NSW Current certificates of insurance / public liability and workers compensation. OH&S systems procedures and Policy manual. # Page 22 of 70 Ordinary - 13/10/11

23 Part 1 Read and keep this Part Part B Electrical Services 1 Introduction This section sets out the specifications for works within the property division of council excluding works to State electricity provider infrastructure. 2 Background information Council has over 90 Council owned or managed buildings and facilities that require frequent routine and emergency electrical services. Electrical services are required for Council owned and controlled buildings, public amenities, and Byron Bay and Mullumbimby Swimming Pool complexes on a 24 hour availability basis. The Successful Tender will also have the opportunity to quote all planned or programmed work for Council owned and controlled Buildings and the Byron Bay and Mullumbimby Swimming Pool complexes. 3 Scope of work Repairs to all electrical services for Council owned and controlled buildings and the Byron Bay and Mullumbimby Swimming Pool complexes on a 24 hour availability basis. Scheduled replacement of light bulbs in Council owned and controlled buildings, public amenities and the Byron Bay and Mullumbimby Swimming Pool complexes. Repairs to vandalised light fittings, GPO s, power boxes, PE Cells, timers etc Installation and supply of new light fittings, GPO s, power boxes including RCD upgrades, PE Cells, timers, electrical & data cables. Service and replacement of smoke alarms and emergency lighting throughout Council owned and controlled buildings. 4 Specific requirements of the Contract Works completed and materials used are to be of First Grade quality unless otherwise specified. Must be available for emergency works and available 24 hours a day 7 days per week. Availability response time within 30 minutes for after hour and emergency call outs. Supply of electrical fixtures, fittings, cables and safety systems indicating percentage of mark up. Reporting requirements invoices are to be detailed for works completed including hours on job and parts used. Quality Systems Plan All works to be certified upon completion. Current Contractors License NSW Current Business Registration NSW Current certificates of insurance / public liability and workers compensation. OH&S systems procedures and Policy manual. # Page 23 of 70 Ordinary - 13/10/11

24 Part 1 Read and keep this Part Part C General Building & Maintenance Services 1 Introduction This section sets out the specifications for works within the property division of Council s owned and controlled buildings, public amenities, Byron Bay and Mullumbimby Swimming Pool complexes. 2 Background information Council has over 90 Council owned or managed buildings and facilities that require frequent routine and emergency maintenance services. Building and maintenance services for Council owned and controlled buildings, public amenities, Byron Bay and Mullumbimby Swimming Pool complexes on a 24 hour availability basis. The Successful Tender will also have the opportunity to quote for all planned or programmed work for Council owned and controlled buildings and the Byron Bay and Mullumbimby Swimming Pools complexes. 3 Scope of work Unplanned and emergency general building and maintenance services including but not limited to the following; Carpentry Concreting Painting Brick laying/rendering. Roof repairs. Graffiti removal for all Council owned and controlled buildings, public amenities and the Byron Bay and Mullumbimby Swimming Pool complexes. 4 Specific requirements of the Contract Works completed and materials used are to be of First Grade quality unless otherwise specified. Must be available for emergency works and available 24 hours a day 7 days per week. Availability response time within 30 minutes for after hour and emergency call outs. Supply of building materials indicating percentage of mark up Reporting requirements invoices are to be detailed for works completed including hours on job and parts used. Quality Systems Plan Current NSW contractors License NSW Current Business Registration NSW Current certificates of insurance / public liability and workers compensation. OH&S systems procedures and Policy manual. # Page 24 of 70 Ordinary - 13/10/11

25 Part 1 Read and keep this Part Implementation timetable Item 1 Term of Contract Three (3) years from to (INSERT DATES) Option Two by one year options to extend (at Council's discretion) Year 4 from (INSERT DATES Year 5 from (INSERT DATES Item 2 Contract Supervisor Len Reilly Property Maintenance Coordinator Item 4 Contractors Representative Item 5 Amount of Public Liability Insurance Twenty Million Dollars ($20,000,000) # Page 25 of 70 Ordinary - 13/10/11

26 Part 2 - Section 2 The Contract Formal Instrument of Agreement AS General Conditions of Contract for Provision of Asset Maintenance and Services [insert] (ABN [insert]) (Principal) [insert] (ABN [insert]) (Contractor) Page 26 of 70 Ordinary - 13/10/11

27 Formal Instrument of Agreement AS General Conditions of Contract for Provision of Asset Maintenance and Services Parties Principal Name Address Byron Shire Council Station Street Mullumbimby NSW 2482 ABN Contractor Name Address ABN Background A B C D The Principal issued the Request for Tender in relation to the Requirements. The Contractor lodged the Tender with the Principal. The Principal has accepted the Tender. This document records the terms upon which the Requirements will be satisfied by the Contractor. Operative provisions 1 Definitions and interpretation 1.1 Defined terms In this document, words beginning with a capital letter that are defined in Part 1 of Schedule 1 have the meaning ascribed to them in that schedule. 1.2 Interpretation The interpretational rules contained in Part 2 of Schedule 1 apply in the interpretation of this document. 2 Performance of the Requirements The Contractor must satisfy the Requirements in accordance with: (1) this document; (2) the Conditions of Contract; and (3) the Tender Documentation. Page 27 of 70 Ordinary - 13/10/11

28 3 Inconsistency If there is any inconsistency between a term of this document, the Conditions of Contract and the Tender Documentation, the terms contained in the following documents will prevail in the order of preference set out below: (1) this document (including Schedule 2); (2) the Conditions of Contract; (3) the Tender; (4) the Addendum (if any); and (5) the Request for Tender. 4 Special Conditions The parties acknowledge and agree that the terms of the Special Conditions set out in Schedule 2 are included in the Conditions of Contract. 5 Administrative provisions 5.1 Waiver The non-exercise of or delay in exercising any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of a power or right preclude any other or further exercise of it or the exercise of any other power or right. A power or right may only be waived in writing, signed by the parties to be bound by the waiver. 5.2 Cooperation Each party must sign, execute and deliver all deeds, documents, instruments and act reasonably and effectively to carry out and give full effect to this document and the rights and obligations of the parties under it. 5.3 Counterparts This document may be executed in any number of counterparts and all of those counterparts taken together constitute one and the same instrument. 5.4 Amendment This document may only be amended or supplemented in writing signed by the parties. 5.5 Unenforceability Any provision of this document which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid or enforceable, and is otherwise capable of being severed to the extent of the invalidity or enforceability, without affecting the remaining provisions of this document or affecting the validity or enforceability of that provision in any other jurisdiction. 5.6 Governing law The law in force in the State of New South Wales governs this document. The parties: Page 28 of 70 Ordinary - 13/10/11