Provision of Tenders Hired Plant and Minor Works on a Casual Basis
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Provision of Tenders Hired Plant and Minor Works on a Casual Basis RFQ 19/012 Period: 1 July 2019 to 30 June 2020 Offers Close: 12.00pm Tuesday 28th May 2019 File Number: RFQ 19/012 Methods of Lodgment: By Post: Tender Box PO Box 31 Walgett NSW 2832 By Facsimile: (02) 6828 1608 By Hand: 77 Fox Street Walgett NSW Contact Officer: Greg Leersen Fleet Superintendent Ph: (02) 6828 6145 Mb: 0428 216 182
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 Contact Details Company Name: ____________________________________________ Company ABN: _____________________________________________ Contact Person: ____________________________________________ Address Street _______________________________________ City_________________________________________ State __________________ Post Code____________ Postal Address As Above [ G P.O. Box ___________________________________ r City________________________________________ a b State _________________ Post Code____________ y o Contact Phone No. _________________________________________ u r r Contact Email: _____________________________________________ e a d e r RFQ 19/012 Walgett Shire Council May 2019 Page 2 ’ Rev.1
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 gg TABLE OF CONTENTS 1.0 Introduction ........................................................................................................................... 4 2.1 Relevant Documents ........................................................................................................ 5 2.2 Method of Tendering ......................................................................................................... 5 2.3 Site Inspection .................................................................................................................. 5 2.4 Closing Date and Place for Offers ..................................................................................... 5 2.5 Offer Contact Person ........................................................................................................ 5 3.0 Conditions of Tendering ........................................................................................................ 6 3.1 General............................................................................................................................. 6 3.1.1 Preamble ................................................................................................................... 6 3.1.2 Project Information .................................................................................................... 7 3.1.3 Relevant Documents ................................................................................................. 7 3.1.4 Contractor’s Responsibility ........................................................................................ 7 3.2 Offer Submission Information............................................................................................ 7 3.2.1 Offer Validity Period .................................................................................................. 7 3.2.2 Offer Lodgment Requirements .................................................................................. 8 3.2.3 Late Offers ................................................................................................................ 9 3.2.4 ‘In-House ‘Offer ......................................................................................................... 9 3.2.5 Conforming, Non-Conforming and Informal Offers..................................................... 9 3.2.6 Offer Evaluation and Selection .................................................................................. 9 3.2.7 Post Offer Submissions ........................................................................................... 10 3.2.8 Post Offer Negotiations ........................................................................................... 10 3.2.9 Cost of Quoting ....................................................................................................... 10 3.2.10 Contract Commencement Date 4.0 Conditions of Contract............................................................................................. 10 RFQ 19/012 Walgett Shire Council May 2019 Page 3 Rev.1
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 5.0 Chain of Responsibility Management 6. Safety..........................................................................................……………………11 7 Environmental Protection .................................................................…………………...12 8. Substitution of the Plant Item Offered for Hire ..................................……………………13 9. Installation of Council Owned Equipment .........................................……………………13 10. Damage to Property/Utilities.............................................................……………………13 11. Equipment Inspection Procedures ..................................................……………………13 12. Performance Assessment Criteria ..................................................……………………15 Appendix A - Annexure to AS 4905-2002 ...................................................................... ………………..............16 Appendix B-Technical Specifications .............................................................................. …………………………20 Appendix C - Offer Forms ............................................................................................... ………………………….23 RFQ 19/012 Walgett Shire Council May 2019 Page 4 Rev.1
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 1.0 Introduction Walgett Shire Council (Council) is a local government providing services to the towns of Walgett, Lightning Ridge and Collarenebri, villages including Carinda, Cumborah, Rowena and Burren Junction, and the surrounding rural areas. Council’s Engineering Department manages roads and paths (sealed and unsealed), aerodromes, water supply, wastewater disposal, storm water/flooding control structures, solid waste collection and landfills, gravel pits, buildings, swimming pools, cemeteries, urban streetscape, parks and sporting fields, plant and vehicles, radio communication facilities and reserves. Council invites suitably qualified and experienced contractors (Tenderer’s including Rural Landholders operating Plant with same capacity ) including Rural landholders operating Plant with same capacity to tender standing offers for the provision of minor works including, but not limited to vegetation control (slashing or spraying), pavement sweeping, plant/vehicle transport (float), and maintenance grading; or the supply of plant and vehicles for comprehensive use on Council managed construction sites, in accordance with the Conditions of Tendering contained in this document. 2.0 Information for Tenderer’s This offer is for Offer RFQ 19/012, provision of Hired Plant and Minor Works on a Casual Basis 1st July 2019 - 30th June 2020. The contract is a Standing Offer contract whereby the tenderer agrees with the Principal that it will supply services to the Principal, as and when Orders are placed, on the terms and conditions of the Purchase Order and subject to this Agreement. “Plant” shall be taken to mean any mobile machinery suitable for Local Government works. The works involve one or more of the following activities: • Roadside or Area Slashing • Formation and Shoulder Grading • Earthworks and Pavement Construction • Gravel Haulage • Floating of Plant by Low Loader • Comprehensive Hire of Plant to Council with Operator(s) for civil works construction and/or maintenance activities • “Dry” Hire of Plant to Council for civil works construction and / or maintenance activities. RFQ 19/012 Walgett Shire Council May 2019 Page 5 Rev.1
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 2.1 Relevant Documents The Offer documents for this project comprise this document including its appendices and documents referenced therein as follows: • Information for Tenderers • Conditions of Tendering • Conditions of Contract • Technical Specifications • Offer Forms 2.2 Method of Tendering Invited Offers in accordance with AS 4120 2.3 Site Inspection Typical construction sites can be made available for inspection by the Tenderer prior to submitting an Offer for requested minor works. The Tenderer must allow for the site to be any public area in Walgett Shire. 2.4 Closing Date and Place for Offers Offers Close: 12.00pm, 28th May 2019 At: Tender Box Walgett Shire Council 77 Fox Street (PO Box 31) WALGETT NSW 2832 Facsimile: (02) 6828 1608 2.5 Offer Contact Person Greg Leersen Fleet Superintendent Walgett Phone: (02)6828 6145 Shire Council Mobile: 0428 216 182 Email: gleersen@walgett.nsw.gov.au All requests for information and advice are to be referred to this person only. RFQ 19/012 Walgett Shire Council May 2019 Page 6 Rev.1
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 3.0 Conditions of Tendering 3.1 General 3.1.1 Preamble The Conditions of Tendering have been prepared in accordance with the obligations of the Principal contained in Australian Standard 4120, Code of Tendering, which sets out the ethics and obligations of the Principal and Tenderers in tendering in the construction industry. Tenderers and Principal shall comply with the requirements of AS 4120. In particular, attention is drawn to the obligations of Tenderers in the preparation and submission of their tender for this project. Without limiting the above obligations:- • Tenderers shall not submit offers without a firm intention to proceed. • Only one offer may be accepted from a tenderer at any one time - every offer accepted by Council will supersede every previous offer accepted from the same tenderer. • Tenderers must not engage in any form of collusive practice. • Any Tenderer who directly or indirectly canvasses support from an elected member or servant of the Council will be disqualified. By the lodgment of its offer with Walgett Shire Council, the tenderer affirms that it has not given, offered to give, nor intends to give at any time thereafter any inducement or reward, including any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to any employee, agent or subcontractor of Walgett Shire Council. If the tenderer is found to have offered any inducement or reward in accordance with the above, or is found to have committed corrupt conduct in accordance with the provisions of the Independent Commission Against Corruption Act, 1988 (NSW), the tenderer shall be disqualified and any resulting agreement shall be void. Tenderers should note that any offer of an inducement or reward to any employee or agent of Walgett Shire Council in connection with this Offer may constitute a criminal offence under the Crimes Act 1900 (NSW) and/or corrupt conduct under the Independent Commission Against Corruption Act, 1988 (NSW). It should be noted that in all contract documentation words importing a gender include every gender. RFQ 19/012 Walgett Shire Council May 2019 Page 7 Rev.1
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 3.1.2 Project Information The works involve one or more of the following activities: • Roadside or Area Slashing • Formation and Shoulder Grading • Earthworks and Pavement Construction • Floating of Plant by Low Loader • Comprehensive Hire of Plant to Council with Operator(s) for civil works construction and/or maintenance activities • “Dry” Hire of Plant to Council for civil works construction and / or maintenance activities. The method of payment is by a Purchase Order Contract. 3.1.3 Relevant Documents The contract documents for this project are: General Conditions of Contract (AS 4905 - 2002)* Appendix A - Annexure to General Conditions of Contract Appendix B - Technical Specifications Appendix C - Offer Forms * AS 4905-2002 is not printed as part of the contract documentation. Copies are available from SAI Global. 3.1.4 Contractor’s Responsibility It shall be the responsibility of the Contractor to ascertain all information relating to the services, the works and site conditions that may affect the progress or method of performing all services and works as specified within the scope of this Contract and to prepare for every contingency that may arise. It is further understood that just provision for these contingencies have been accounted for, implicitly or explicitly within the prices and rates submitted. 3.2 Offer Submission Information 3.2.1 Offer Validity Period Offers shall be valid for a period of 52 Weeks from 1st July 2019 to 30th June 2020 or up until the time of expiry of the Tenderer’s current Insurance Policies. In the event of the withdrawal of the offer prior to the expiration of this period, the Tenderer shall be liable for all costs, losses or damages suffered by the Principal by reason of that withdrawal. RFQ 19/012 Walgett Shire Council May 2019 Page 8 Rev.1
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 3.2.2 Offer Lodgment Requirements Offers shall be submitted on the Forms and Schedules provided by the Principal in Appendix C, and shall be enclosed in a sealed envelope and the envelope marked legibly in block letters as follows: Contract No. RFQ 19/012 Offer for: Supply of Hired Plant and Minor Works on causal basis from 1st July 2019 - 30th June 2020 And delivered by one of the following methods so as to be received by the Principal by 12.00pm, on the Tuesday 28th May 2019. i) Delivered by hand or by courier to the: Tender Box Walgett Shire Council Administration Office 77 Fox Street WALGETT NSW 2832 or ii) Sent by facsimile to: (02) 6828 1608. or iii) Mailed addressed as follows: PO Box 31 WALGETT NSW 2832 RFQ 19/012 Walgett Shire Council May 2019 Page 9 Rev.1
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 3.2.3 Late Offers Late offer shall not be considered. 3.2.4 ‘In-House’ Offer Walgett Shire Council maintains and operates various plant and vehicles. All Council plant has hire rates, however not all are owned solely for commercial gain. The decision to use in-house plant will consider all factors. 3.2.5 Conforming, Non-Conforming and Informal Offers Offers shall only be accepted from Tenderers that can provide acceptable arrangement for Workers Compensation, Personal Accident Insurance, Public Liability, and Comprehensive Insurance (Motor Vehicle and Plant) and satisfactory requirements for plants, truck and operators. Offers shall only be accepted from firms that have a valid ABN in the name of the Tenderer and are registered for GST. An offer which is non-conforming may be accepted or rejected at the Principal’s sole discretion. Preference will be given to conforming offers. The Principal may determine that an Offer is non-conforming, at the Principal’s sole Discretion if: • It does not comply with all of the Offer Conditions. • The Offer Form is not complete or does not include the required attachments. (Only the Schedules relevant to the services being offered need to be submitted) • It includes conditions in addition to, or which vary from the Offer Documents. • The Tenderer has an unacceptable documented record of past performance. 3.2.6 Offer Evaluation and Selection Evaluation, negotiation and selection of offers shall be in accordance with the requirements of AS 4120, Code of Tendering. All accepted Offers will be empaneled and individual plant will be selected using the following evaluation criteria: • Price - 60% • Capability - 15% • Previous experience - 10% • Quality, Safety, Environmental and Chain of Responsibility Management – 10% • Timely delivery – 5% The Principal is not bound to accept the lowest, or any offer. RFQ 19/012 Walgett Shire Council May 2019 Page 10 Rev.1
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 3.2.7 Post Offer Submissions Post offer submissions shall not be accepted. 3.2.8 Post Offer Negotiations The Principal shall not enter into any post offer negotiation with tenderers. An offer will either be accepted or rejected. 3.2.9 Cost of Quoting All costs associated with offer preparation and submission shall be borne by the Tenderer. 3.2.10 Contract Commencement Date An Offer shall be considered valid from 1st July 2019, being the time the Offer is empaneled. There shall be no Contract prior to the issue of a letter of acceptance. No work shall commence until an agreed Purchase Order Contract is issued by Council. 4.0 Conditions of Contract The conditions of contract are AS 4905-2002 Australian Standard Minor works contract conditions (Superintendent administered) (AS 4905-2002). The full text of these conditions are not provided here, but can be obtained from SAI Global: Annexure to AS 4905-2002 contained in the above document shall be replaced with the Annexure in Appendix A of this Request for Offer. RFQ 19/012 Walgett Shire Council May 2019 Page 11 Rev.1
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 5.0 Chain of Responsibility Management The contractor shall comply with Heavy Vehicle National Law (HVNL) in operation of heavy vehicles. The contractor is required to submit a Chain of Responsibility Management Plan covering the following topics; Mass: taking into account weighbridge availability, tippers loading by plant using scales/load cells, material density profiles and use of vehicles with load cells Dimension: taking into account standard limits, appropriate exemptions and permits required Speed: taking into account number of trips per day, distance travelled and time to complete trips in accordance with speed limits. Fatigue: taking into account distance/time to from site, length of work day and night shifts, foreseeable delays and potential for shift overrun Load restraint: taking into consideration types of vehicle and loads Vehicle Standards: taking into account maintenance schedules, defect reporting and heavy vehicle modifications. 6. Safety The Contractor or any employee on site including the operator shall conform to the requirements of the Work Health & Safety Act 2011 & Work Health & Safety Regulations 2017. Failure to conform to such requirements will lead to immediate stand down of hired plant. All contractors and their employees working on Council sites shall wear the appropriate safety clothing and equipment as required. Provision of such equipment is the responsibility of the contractor" Contractor's employee who fails to wear or use the appropriate safety clothing and/or equipment shall not be permitted to enter the worksite or perform a work function until such time as he/she is correctly attired. All time lost by the employee or contractor as a result will be "without pay"." Contractors are also to ensure that all principals and employees under their control have undergone Council’s internal induction training prior to being engaged, employed or used by Council. Action to be taken where instructions or standards are not followed 6.1 The Contractor shall also ensure that: a) All drivers and operators comply with directions from, and instructions issued by, authorized inspectors of Safe Work NSW, and authorized Council representatives. All operators are also subject to comply with Councils operational and safety procedures and policies. b) The requirements of the Work Health and Safety Act 2011 and WHS Regulations 2017 are met and a complying first-aid kit is provided and maintained on all items of plant. c) Safe working loads are clearly displayed on all lifting plant. c) Reversing buzzers fitted to plant are maintained in good working order at all times. d) Approved electrical warning signs (distances from power lines) are displayed in plant cabins. RFQ 19/012 Walgett Shire Council May 2019 Page 12 Rev.1
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 e) All road going plant is fitted with an amber rotating beacon (or equivalent) in a prominent visible position on the plant. The rotating beacon shall be operating on all plant when stationary or operating on any Council construction or maintenance activity within a road reserve. f) Approved safety lifting hooks are fitted to all lifting plant. g) All machines used for lifting free loads must be fitted with pilot operated hose burst protection valves. 7. Environmental Protection a. In undertaking its obligations the Contractor shall comply and cause its employees, agents and sub-contractors to undertake those obligations to comply with the requirements of the Protection of the Environment Operations Act 1997 (NSW). b. Environmental Management Assessment - Contractors are advised that it is mandatory that they submit Environmental Management Assessment documentation in their Expression of Interest. c. The Contractor will be required to complete an Environmental Management Assessment which is to be reviewed by a Council officer prior to works commencing. RFQ 19/012 Walgett Shire Council May 2019 Page 13 Rev.1
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 8. Substitution of the Plant Item Offered for Hire The Contractor may substitute another plant item when the originally offered item of plant becomes unserviceable or is sold during or prior to the period of hire and providing that Council is notified in writing of the full details of the replacement plant item and the Supervisor determines the substitute plant item to be at least equivalent to the originally offered plant with the same rates for hire applying. The plant will then be assessed and given a priority ranking for future hiring which may vary from that of the original plant item. 8.1 A substitution cannot be made for a machine that is unavailable by offering a more expensive machine, although the Contractor may offer it at the same rate as the unavailable item. 8.2 In the case of major breakdown, substitution may be made under the above conditions providing the original plant will be returned to the job immediately repairs are completed 9. Installation of Council Owned Equipment The Contractor shall permit Council to install equipment owned by Council to the Contractor's plant and shall ensure that the equipment when removed at Council's request is in good working condition. The Contractor is required to participate in any operator training required and to co-operate in the operation of any such equipment. Council will meet the cost of installation and removal of such equipment. 10. Damage to Property/Utilities 10.1 Property: The Contractor shall reinstate at his own expense, any damage to any property, if such damage, in the opinion of Council's Supervisor, was due to the negligence of the operator. 10.2 Service Utilities: The Contractor shall be held liable for any damage caused to service utilities e.g. Telstra, Country Energy, gas, water or sewer, if such damage, in the opinion of Council's Supervisor, was due to the negligence of the operator. 11. Equipment Inspection Procedures Council reserves the right to inspect and evaluate any equipment, accessories, attachments and combination units from the close of tenders until the end of the Term. 1) Council will inspect and evaluate Equipment as follows: a) For pre-hire inspections, an inspector may contact the Contractor and make an appointment to inspect and evaluate its Equipment. On-hire inspections may be carried out at any time during the hire. Appointments will not be made with the contractor for these inspections. RFQ 19/012 Walgett Shire Council May 2019 Page 14 Rev.1
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 Equipment that properly complies with the Equipment Requirements will receive a high evaluation. Equipment which is not in good condition or which does not have features required by Council will receive a lower evaluation. b) An initial inspection is carried out at no cost to the Contractor. c) The Contractor’s failure to make Equipment available for inspection, whatever the reason, will result in the Equipment receiving the minimum evaluation score of 80. The reason for refusal of the inspection will be recorded on the Inspection Report. d) If Equipment is initially unavailable, the Contractor is responsible for advising the inspector when the Equipment will be available for inspection. The Equipment retains its default score of 100 for a period of up to 4 weeks after the initial contact. After this period, a minimum score of 80 will be applied until the initial inspection is carried out. e) The Contractor will not be charged for any inspections initiated by the Council. f) Any Equipment which fails inspection will be “defected” and removed from the Database. This “defected” Equipment will not be re-inspected and will not be available for hire to Council, until Council receives a $230 (GST inclusive) re-inspection fee. Following the re-inspection and the Equipment meeting the requirements, it will then be entered onto Council’s Database at the appropriate ranking. g) Any Equipment with an evaluation score of 80 or less will not be available for hire. The Contractor must make an Operator available for the purpose of the inspection as and when required by Council. 2) The Council has no obligation to hire any Equipment which in its opinion after inspection: a) Does not meet all inspection criteria, or b) Is not capable of carrying out the work, or c) Does not meet all applicable Statutory Requirements at the time the Equipment is required. 3) Subject to other terms set out in this contract where the Council inspects Equipment in accordance with this section and the Equipment is classified: (a) acceptable, the Equipment will be allowed to remain on the Database, or (b) not acceptable, the Equipment will be removed from the Database. RFQ 19/012 Walgett Shire Council May 2019 Page 15 Rev.1
12. Performance Assessment Criteria 1. The Council may continually assess the performance of the Contractor using all information obtained from current assessments and previous hires. 2. The following criteria will be used as a basis for assessing the Contractor’s performance: (a) whether Equipment delivered to Council complies with relevant Equipment Requirements (b) evaluation scores given to the Contractor’s Equipment (c) whether Operators provided by the Contractor meet Operator Competency Requirements (d) acceptable levels of productivity achieved (e) presentation of the Daily Time Sheet, including job numbers and description of work (f) willingness to promptly respond to defects shown on the Inspection Reports (g) prompt transmission of Hired Equipment Certification to Council (h) being readily contactable by Council (i) Work Health and Safety, Quality and Environmental performance (j) compliance with the Conditions of Contract (k) Willingness to work in a co-operative manner and to provide a high level of customer service to Council at all times. Walgett Shire Council May 2019 RFQ 19/012 Rev.1 Page 16
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 Appendix A - Annexure to AS 4905-2002 Annexure to AS 4905-2002 Australian Standard Minor works contract conditions (Superintendent administered) (AS 4905-2002) contained in AS 49005-2002 shall be replaced with the Annexure contained in this Appendix A. Walgett Shire Council May 2019 RFQ 19/012 Rev.1 Page 17
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 ANNEXURE to the Australian Standard Minor works contract conditions (Superintendent Administered) AS 4905-2002 Part A This Annexure shall be completed and issued as part of the tender documents and, subject to any amendments to be incorporated into the Contract, and shall be read as part of the Contract. Item 1 Principal Walgett Shire Council (Clause 1) ABN: 88 769 076 385 2 The Principal’s address 77 Fox Street PO Box 31 WALGETT NSW 2832 3 The Contractor (Clause 1) ACN: ABN: 4 The Contractor’s address 5 Superintendent Director Engineering Services Walgett (Clause 1) Shire Council 77 Fox Street 6 Superintendent’s Address PO Box 31 WALGETT NSW 2832 Phone: (02) 6828 6100 Fax: (02) 6828 1608 As agreed on the Purchase Order Contract 7 (a) Date for practical completion (Clause 1) OR (b) period of time for practical completion (Clause 1) Walgett Shire Council May 2019 RFQ 19/012 Rev.1 Page 18
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 8 Contractor’s security (a) Form Retention moneys (Clause 3) (b) Amount or maximum As agreed on the Purchase Order Contract percentage of contract sum (Clause 3) (c) If retention moneys, 10% until the limit in Item 8(b) percentage of each payment certificate (Clause 3) (d) Time for provision (except for retention moneys) (Clause 3) 9 Amount of limit of indemnity for The amount of the public liability insurance in Item 11 damage to other property of the Principal (Subclause 10.1(a)) 10 The amount of contract works Nil insurance cover (Clause 11) 11 The amount of public liability $20,000,000 insurance cover in respect of any one occurrence shall not be less than (Clause 12) 12 The time for giving possession As agreed on the Purchase Order Contract of site to the contractor (clause 17) 13 Liquidated damages (Subclause 20.5) (a) Rate As agreed on the Purchase Order Contract (b) Limit 20% of the contract sum 14 Delay damages, rate (Subclause 20.6) 15 Defects liability period As agreed on the Purchase Order Contract (Clause 21) 16 Time for progress claims On the 2nd and 4th Friday of each Month (Subclause 23.1) Invoices for progressive payment shall be submitted within seven (7) days of the end of work week. Walgett Shire Council May 2019 RFQ 19/012 Rev.1 Page 19
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 17 The rate of interest on 7.0% per annum overdue payments (Subclause 23.4) 18 Arbitration The person holding the position, for the time being, of (Subclause 27.3) General Manager, Walgett Shire Council (a) The person to Rules 5-18 of the Rules of the Institute of Arbitrators & nominate an arbitrator Mediators Australia for the Conduct of Commercial (b) Rule for arbitration Arbitrations Walgett Shire Council May 2019 RFQ 19/012 Rev.1 Page 20
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 CONDITIONS OF HIRE OF PLANT Appendix B - Technical Specifications Walgett Shire Council RFQ 19/012 May 2019 Page 21 Rev.1
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 ________________________ SPECIFICATIONS ________________________ The Supplier shall complete all works as directed in accordance with the following general and project specific specifications. Suppliers may be directed to undertake work on a Purchase Order Contract in accordance with additional specifications and drawings where these requirements are within the capability of the plant and operator offered. It shall be deemed that in submitting an offer, the Supplier has made full and sufficient allowance for any costs associated with its compliance with the following general specifications within its rates and prices offered for all classes of site and both the general and relevant project specific specifications. Failure to comply with the requirements of the following general specifications will result in an unsatisfactory performance record being recorded against the supplier. General Specifications 1) All Plant is to be fitted with an operating UHF CB radio for two-way communication 2) At least one Plant on each site is to be fitted with a mobile phone with external antenna operating on the Telstra Next G or a satellite network. 3) The drafting, review, or certification (12-month maximum validity) of Traffic Control Plans by the Principal shall be at cost price with a minimum fee of $70.00 + GST to be paid by the Contractor 4) RMS Specification G2-C41 - General Requirements (available from www.rms.nsw.qov.au ) 5) RMS Specification G10 - Traffic Management (available from www.rms.nsw.qov.au ) 6) RMS Specification G22 - Work Health and Safety (available from www.rms.nsw.qov.au ) 7) RMS Specification G36 - Environmental Requirements (available from www.rms.nsw.qov.au ) 8) Walgett Shire Council Work Health & Safety Procedure (available from www.walqett.nsw.qov.au ) Task Specific Specifications M20 - Maintenance Intervention & Investigatory Levels (Pavement) M30 - Maintenance Intervention & Investigatory Levels (Corridor) M50 - Maintenance Intervention & Investigatory Levels (Drainage) M60 - Maintenance Intervention & Investigatory Levels (Traffic Facilities) M200 Maintenance Rectification Requirements (Pavement) M211 Crack Sealing (Bituminous Surface) M220 Formation grading of unsealed roads M240 Shoulder grading M244 Earthworks for road rebuilding M250 Heavy Patching (Flexible Pavement) Walgett Shire Council RFQ 19/012 May 2019 Page 22 Rev.1
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 M290 Pavement Reconstruction (Bound and Unbound Material) M300 Maintenance Rectification Requirements (Corridor) M500 Maintenance Rectification Requirements (Drainage) M600 Maintenance Rectification Requirements (Traffic Facilities) M620 Maintenance of road safety barrier systems All above Specifications are available from www.rms.nsw.qov.au Walgett Shire Council RFQ 19/012 May 2019 Page 23 Rev.1
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 Appendix C - Offer Forms ITEM Description Tick Box Where Tendered 1 □ □ 2 3 □ 4 □ 5 □ □ 6 7 □ 8 □ 9 □ 10 □ 11 □ 12 □ 13 □ 14 □ 15 □ 16 □ 17 Offers may be submitted for all or any of the Following Hired Plant and/or Minor Works Walgett Shire Council RFQ 19/012 P
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 OFFER FORM The Supplier must complete and submit wth offer. I, _________________________________________________________________________ (Print name) of _______________________________________________________________ (Supplying organization) located at ___________________________________________________________ (Business Address) Australian Business Number (ABN): ____________________________________ having fully acquainted myself with the Offer Forms and accordingly the obligations and responsibilities of the Contract, do hereby offer to supply the services, as invited by Walgett Shire Council, in accordance with the requirements detailed in the Offer Documents, Specifications, and Submission Documents numbered 1 to _____ . This offer shall remain valid for the period 1st July 2019 - 30th June 2020. By submitting this offer the Supplier warrants and represents that it has made its own enquiries and investigations and has obtained professional advice and all other relevant information so as to inform itself of all risks and contingencies which may affect its offer price. The Supplier warrants and represents that it has included for all such risks and contingencies in its offer prices. Signature of Tenderer: _______________ Subscribed and declared at: _________________________________________________________________________ This: _____________________ Day of ___________________________ (Year) ______________ Before me: ____________________________________________________________ (Print name) Supply of Hire Plant on a casual basis for Standing Offer Supplier to Complete 1st July 2019 -30th June 2020 Offer Number RFQ 19/012 Page Number: Council Walgett Shire Council Supplier’s Initial Submission Date Date Witness: ______________________________________________________________ (Signature) (Justice of the Peace or authorized person)
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 STATUTORY DECLARATION ON NON-COLLUSIVE TENDER DECLARATION The Supplier must complete and submit with tender I, (Print name), of (Tendering Organisation), do hereby solemnly declare and affirm the following ; 1. I hold the position of ________________________ , and am duly authorised by the tendering organisation to lawfully proclaim the following and, after having made due inquiry believe the following to be completely accurate to the best of my knowledge. 2. Neither the Tenderer nor the Tenderer’s Agents or Servants have entered into any contract or agreement to offer payment of any kind to a trade association, representative of the Superintendent or representative of the Principal in the event of a winning tender by this Organisation. 3. Neither the Tenderer nor the Tenderer’s Agents or Servants have had any knowledge of the price of tenders submitted by its competitors prior to their acceptance nor did the Tenderer furnish the price of the enclosed tender to any source external to the Tendering Organisation prior to its submission. 4. Neither the Tenderer nor the Tenderer’s Agents or Servants have entered into any contract or agreement to offer payment of any kind to an unsuccessful Tenderer in the event of a winning tender. 5. The Tenderer is not aware of any facts which would affect the decision of the Principal in accepting the tender nor has the Tenderer attempted to acquire information relevant to the tender award process by soliciting the Principal, the Superintendent or their Representative’s Agents or Servants. 6. Neither the Tenderer nor the Tenderer’s Agents or Servants have entered into any agreement with other Tenderers or third party, which results in a payment of unsuccessful tenderers fees. 7. The contents of this document are true and correct to the best of my knowledge and in no way have been written under duress of any form. I make this solemn declaration as to the matter aforesaid, according to the law in this behalf made, and subject to the punishment by law provided for any willfully false statement in any such declaration. Signature of Tenderer: ___________________________________________________________ Subscribed and declared at: ______________________________________________________ This: _____________________ Day of ___________________________ (Year) ______________ Before me: ____________________________________________________________ (Print name) Witness: ______________________________________________________________ (Signature) (Justice of the Peace or authorised person) Standing Offer Supply of Hire Plant on a casual basis for Supplier to Complete 1st July 2019 - 30th June 2020 Offer Number RFQ 19/012 Page Number: Council Walgett Shire Council Supplier’s Initial Submission Date Date Walgett Shire Council May 2019 RFQ 19/012 Rev.1 Page 26
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 _________________________ INSURANCES _________________________ The Supplier must complete and submit with tender The following insurances will be required. The Tenderer shall attach a copy of a certificate of currency or similar evidence that it currently holds such insurances and that they meet the following requirements: 1) Workers Compensation Workers Compensation Insurance or Personal Accident and Illness Insurance. The Contractor shall effect a Workers Compensation Policy pursuant to the NSW Workers Compensation and Injury Management Act 1998 covering any liability, loss, claim, demand, suit or proceeding, cost and expense arising at common law or under any statute or other legislative provision relating to Workers Compensation as a result of personal injury to or death of any person employed by the Contractor. 2) Personal Accident Insurance In the case of owner-operator contractor, the Contractor shall effect a Personal Accident insurance policy covering any and all claims, demands, actions and proceedings whatsoever in relation to the personal injury or death of the Contractor and made by the Contractor, his legal representatives, heirs or assigns 3) Public Liability Insurance Insurance against the death or injury to any third party or parties or loss of or damage to any property including loss of use of property whether it is damaged or not whatsoever caused during the course of the contract. The policy shall contain a cross liability clause and a “principal’s clause” and shall have a limit of indemnity of not less than $20,000,000 for anyone occurrence, but shall be unlimited in the aggregate. 4) C o m p r e h e n s i ve I n s u r a n c e (Motor Vehicle and Plant) In the case of any motor vehicle used in the performance of the contract, a Motor Vehicle Insurance covering accidental damage, fire and theft. The policy sum shall be for a sum not less than the full market value of the vehicle. In addition, where such vehicles are registered vehicles, (a) insurance against any injury to a third party or parties under Compulsory Third Party Insurance as required by the NSW Motor Accidents Act 1988, and (b) insurance against loss of or damage to any property whatsoever caused by the use of the vehicle when being driven by the Supplier, its employees or any person not employed by the Supplier. The policy shall have a limit of indemnity of not less than $20,000,000 and shall be extended to include “CTP Gap Coverage Endorsement” cover and shall note the interest of the Principal as an insured. Where such vehicles (Plant) are unregistered, any damage as a result of the plant being used as a “tool of trade” is to be covered by either an extension of the Supplier’s Comprehensive Motor Vehicle Insurance or the liability endorsed onto the Supplier’s Public Liability Insurance. Supply of Hire Plant on a casual basis for Standing Offer Supplier to Complete 1st July 2019 - 30th June 2020 Offer Number RFQ 19/012 Page Number: Council Walgett Shire Council Supplier’s Initial Submission Date Date Walgett Shire Council May 2019 RFQ 19/012 Rev.1 Page 27
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 ENVIRONMENTAL MANAGEMENT PLAN The Supplier must complete and submit with tender Contractors are advised that it is mandatory that they submit an Environmental Management Plan in their Offer. The Contractor will be required to maintain their Environmental Management Plan, and advise Council whenever this plan is changed or in any way altered. The Council reserves the right to terminate a Contract arising from this Offer if the Environmental Management Plan used by the Contractor is not followed, or if the Environmental Management Plan is altered without the approval of the Council. To assist Contractors for the purpose of this Offer the information you provide should include but not necessarily limited to the following: 1. dispose of product and waste, 2. the recycling of product and waste if any, 3. environmental initiatives taken by you to ensure ecological sustainability. (Contractors are invited to attach supporting evidence and/or documents): Standing Offer Supply of Hire Plant on a casual basis for Supplier to Complete 1st July 2019 - 30th June 2020 Offer Number RFQ 19/012 Page Number: Council Walgett Shire Council Supplier’s Initial Submission Date Date Walgett Shire Council May 2019 RFQ 19/012 Rev.1 Page 28
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 SAFETY MANAGEMENT PLAN The Supplier must complete and submit with tender Contractors are advised that it is mandatory that they submit a Safety Management Plan in their Offer of Hire. The Contractor will be required to maintain their Safety Management Plan, and advise Council whenever this plan is changed or in any way altered. The Council reserves the right to terminate a Contract arising from this Offer if the Safety Management Plan used by the Contractor is not followed, or if the Safety Management Plan is altered without the appropriate notification to Council. To assist Contractors for the purpose of this Offer the information you provide should include but not necessarily be limited to the operational processes you would follow in relation to safe work practice. They may include standard procedures, records maintained, Workplace Health and Safety Plan and also reports that will be provided to Council. (Contractors are invited to attach supporting evidence): Standing Offer Supply of Hire Plant on a casual basis for Supplier to Complete 1st July 2019 - 30th June 2020 Offer Number RFQ 19/012 Page Number: Council Walgett Shire Council Supplier's Initial Submission Date Date Walgett Shire Council May 2019 RFQ 19/012 Rev.1 Page 29
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 CHAIN OF RESPONSIBILITY MANAGEMENT PLAN The Supplier must complete and submit with tender Contractors are advised that it is mandatory that they submit a Chain of Responsibility Management Plan in their Offer of Hire. The Contractor will be required to maintain their Chain of Responsibility Management Plan and advise Council whenever this plan is changed or in any way altered. The Council reserves the right to terminate a Contract arising from this Offer if the Chain of Responsibility Management Plan used by the Contractor is not followed or is altered without the appropriate notification to Council. To assist Contractors for the purpose of this Offer the information you provide should include but not necessarily be limited to the Risk Assessment, Mass, Oversize, Speed, Fatigue and Load management controls for all site personnel to follow to ensure that compliance is achieved with regards to HVNL They may include standard procedures, records maintained, and also reports that will be provided to Council. (Contractors are invited to attach supporting evidence): Standing Offer Supply of Hire Plant on a casual basis for Supplier to Complete 1st July 2019 - 30th June 2020 Offer Number RFQ 19/012 Page Number: Council Walgett Shire Council Supplier's Initial Submission Date Date
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 1 - Schedule of Prices: Load & Haul Gravel >50T Capacity per Expiry Date of PL Insurance: Vehicle Expiry Date of Offer: Loading: $/Tonne (EXCLUDING GST) Lead Pricelu Lead Price Lead Price Lead Price Lead Price (km) ($/Tonne) (km) ($/Tonne) (km) ($/Tonne) (km) ($/Tonne) (km) ($/Tonne) 20 43 66 89 21 44 67 90 22 45 68 91 23 46 69 92 0-5 24 47 70 93 25 48 71 94 26 49 72 95 27 50 73 96 28 51 74 97 29 52 75 98 5-10 30 53 76 99 11 31 54 77 100 12 32 55 78 101 13 33 56 79 102 14 34 57 80 103 15 35 58 81 104 16 36 59 82 105 17 37 60 83 106 18 38 61 84 107 19 39 62 85 108 40 63 86 109 41 64 87 110 42 65 88 111 (1) All RATES EXCLUDING GST Contract Supply of Hire Plant on a casual basis for Page Number: 1st July 2019 - 30th June 2020 Contract Number RFQ 19/012 Supplier Council Walgett Shire Council Supplier's Initial Submission Date Date
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 2 - Schedule of Prices: Unit Rates for LOADER Office Use Only Expiry date of PL Insurance Expiry date of offer Plant/Vehicle Description Prices (Excluding GST) No. of Manufacture, Attachments Rated CCF Rated Hire per Hour Hire per Week Establishment to Min Charge $ ' ' Units on Model & Year Engine Class Payload Site (1) Offer Power $/km (1) Paid once only per Purchase Order Contract calculated using an agreed distance to the Project Site. (2) Contractor to provide all things necessary for the efficient operation of the plant item in accordance with all relevant Specifications including, but not limited to: Temporary Traffic Control, transport of employees to the Project Site, and all consumables required by the plant item. No payment made for when a plant item is stood down, such as due to wet weather and mechanical defect. In other time contractors will be notified in advance (48 hrs) for stood down time, the minimum charge will not be applied.
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 Office Use Only 3 - Schedule of Prices: Unit Rates for WATER CART < 15,000L Capacity Expiry date of PL Insurance Expiry date of offer Plant/Vehicle Description Prices (Excluding GST) No. of Units Manufacture, Attachments Rated CCF Capacity of Operation with Operation with Establishment to Min on offer Model & Year Engine Class Tank Operator*2* Operator*2* Dry Hire $ Dry Hire $ Site *1* Charge Power $*4> $ Hr. $ Week Hr Week $/km (1) Paid once only per Purchase Order Contract calculated using an agreed distance to the Project Site. *2* Contractor to provide all things necessary for the efficient operation of the plant item in accordance with all relevant Specifications including, but not limited to: Temporary Traffic Control, transport of employees to the Project Site, and all consumables required by the plant item. No payment made for when a plant item is stood down, such as due to wet weather and mechanical defect. In other time contractors will be notified in advance (48 hrs) for stood down time, the minimum charge will not be applied. (4) Paid only when Purchase Order Contract calculated using Rates is less than this amount. Supply of Hire Plant on a casual basis for Contract 1st July 2019 - 30th June 2020 Page Number: Contract Number RFQ 19/012 Supplier Council Walgett Shire Council Supplier’s Initial Submission Date Date
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 Office Use Only 4 - Schedule of Prices: Unit Rates for WATER CART >15,000L and 25,000 Capacity Expiry date of PL Insurance Expiry date of offer Plant/Vehicle Description Prices (Excluding GST) No. of Units Manufacture, Attachments Rated CCF Capacity of Operation with Operation with Establishment to Min on offer Model & Year Engine Class Tank Operator*2* Operator(2) Dry hire $ Dry Hire $ Site (1) Charge Power $ $ Hr. $ Week Hr Week $/km (1) Paid once only per Purchase Order Contract calculated using an agreed distance to the Project Site. (2) Contractor to provide all things necessary for the efficient operation of the plant item in accordance with all relevant Specifications including, but not limited to: Temporary Traffic Control, transport of employees to the Project Site, and all consumables required by the plant item. No payment made for when a plant item is stood down, such as due to wet weather and mechanical defect. In other time contractors will be notified in advance (48 hrs) for stood down time, the minimum charge will not be applied. (4) Paid only when Purchase Order Contract calculated using Rates is less than this amount. Supply of Hire Plant on a casual basis for Contract 1st July 2019 - 30th June 2020 Page Number: Contract Number RFQ 19/012 Supplier Council Walgett Shire Council Supplier’s Initial Submission Date Date
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 Office Use Only 5 - Schedule of Prices: Unit Rates for WATER CART >25,000L Capacity Expiry date of PL Insurance Expiry date of offer Plant/Vehicle Description Prices (Excluding GST) No. of Units Manufacture, Attachments Rated CCF Capacity of Operation with Operation with Establishment to Min on offer Model & Year Engine Class Tank Operator(2) Operator*2* Dry hire $ Dry Hire $ Site (1) Charge Power $ Hr. $ Week $/km $ Hr Week (1) Paid once only per Purchase Order Contract calculated using an agreed distance to the Project Site. (2) Contractor to provide all things necessary for the efficient operation of the plant item in accordance with all relevant Specifications including, but not limited to: Temporary Traffic Control, transport of employees to the Project Site, and all consumables required by the plant item. No payment made for when a plant item is stood down, such as due to wet weather and mechanical defect. In other time contractors will be notified in advance (48 hrs) for stood down time, the minimum charge will not be applied. (4) Paid only when Purchase Order Contract calculated using Rates is less than this amount. Supply of Hire Plant on a casual basis for Contract 1st July 2019 - 30th June 2020 Page Number: Contract Number RFQ 19/012 Supplier Council Walgett Shire Council Supplier’s Initial Submission Date Date
Provision of Tender Hired Plant and Minor Works on a casual basis 1st July 2019 - 30th June 2020 Office Use Only 6 - Schedule of Prices: Unit Rates for GRADER 12’ MOULDBOARD Expiry date of PL Insurance Expiry date of offer Plant/Vehicle Description Prices (Excluding GST) No. of Manufacture, Model & Attachments Rated Engine Size / CCF Class Establishment to Operation with Min Charge $ * * Units on Year Power Weight Site (1) Operator*2* Offer $/km $/Hr (1) Paid once only per Purchase Order Contract calculated using an agreed distance to the Project Site. (2) Contractor to provide all things necessary for the efficient operation of the plant item in accordance with all relevant Specifications including, but not limited to: Temporary Traffic Control, transport of employees to the Project Site, and all consumables required by the plant item. No payment made for when a plant item is stood down, such as due to wet weather and mechanical defect. In other time contractors will be notified in advance (48 hrs) for stood down time, the minimum charge will not be applied. (4) Paid only when Purchase Order Contract calculated using Rates is less than this amount. Supply of Hire Plant on a casual basis for Contract 1st July 2019 - 30th June 2020 Page Number: Contract Number RFQ 19/012 Supplier Council Walgett Shire Council Supplier’s Initial Submission Date Date
CONTRACT DOCUMENT PROVISION OF HIRED PLANT AND MINOR WORKS ON A CASUAL BASIS- 1st July 2019 - 30th June 2020- WALGETT Office Use Only 7 - Schedule of Prices: Unit Rates for GRADER 14’ MOULDBOARD Expiry date of PL Insurance Expiry date of offer Plant/Vehicle Description Prices (Excluding GST) 1 No. of Manufacture, Model & Attachments Rated Engine Size / CCF Class Establishment to Operation with Min Charge $ ' Units on Year Power Weight Site (1) Operator*2’ Offer $/km $/Hr (1) Paid once only per Purchase Order Contract calculated using an agreed distance to the Project Site. (2) Contractor to provide all things necessary for the efficient operation of the plant item in accordance with all relevant Specifications including, but not limited to: Temporary Traffic Control, transport of employees to the Project Site, and all consumables required by the plant item. No payment made for when a plant item is stood down, such as due to wet weather and mechanical defect. In other time contractors will be notified in advance (48 hrs) for stood down time, the minimum charge will not be applied. (4) Paid only when Purchase Order Contract calculated using Rates is less than this amount. Supply of Hire Plant on a casual basis for Contract 1st July 2019 - 30th June 2020 Page Number: Contract Number RFQ 19/012 Supplier Council Walgett Shire Council Supplier’s Initial Submission Date Date
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