tender ref 1239 volume 0 - instructions for tendering

Tender Ref 1239

Volume 0 - Instructions for Tendering

for the

Appointment of the

Civil Engineering Contractor

for the

Edge Lane West Highway and Environmental Improvement

Scheme

July 2009

Edge Lane West Highway and Environmental Improvement Scheme Instructions for Tendering

Edge Lane West Highway and Environmental Improvement Scheme IfT Volume 0 (Rev 0)

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EDGE LANE WEST HIGHWAY AND ENVIRONMENTAL IMPROVEMENT SCHEME

Copyright : Mouchel 2009 �

TENDER DOCUMENT LIST Volume 0 Volume 1 Volume 2 Volume 3

Instructions for Tendering Form of Tender ECI Agreement Conditions of Contract Contract Data Parts 1 and 2 Site Information Pre-Construction Information Pack Project Risk Register Strategic Programme Works Information Bill of Principal Quantities Drawings Specification Statutory Undertakers Schedule Images Library

Issue Status Author Date Check Date Authorised Date

01 TENDER CJF 220509 TMcV 230609 CJF 040709

02

03


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Edge Lane West Highway and Environmental Improvement Scheme

VOLUME 0 - Instructions for Tendering LIST OF CONTENTS PAGE

i. Conditions of Tender 1 The Tender Process 1. General Information 1 2. Confidentiality and Intellectual Property Rights 2 3. Tender Programme and Assessment Dates 3 4. Tender Clinic 4 Submission of Tenders 5. Tender Documents 4 6. Insurances 4 7. Qualified Tenders 5 8. Form of Tender 5 9. Tender Submission 5 10. Statements 6 11. Tender Quality and Financial Submissions 6 Tender Assessment Procedure 12. Marking of Tenders 8 Contract Award 13. Tender Acceptance 9 14. Publication and Feedback 9 Appendices Appendix A Quality Statement Requirements 10 Appendix B Staff Fee Schedule for Stage 1 ECI and Lump Sum Cost 15 Appendix C Tender Documents Issued and to be Returned 16 Appendix D Tender Assessment Procedure 18 Appendix E Tenderers Point of Contact Sheet 22 Appendix F Tender Query Submission Sheet 23 Appendix G Tender Clinic Items for Discussion 24Appendix H Build-up of Fee Percentage 25 Appendix I Staff Fee Schedules for Stage 2 Works 27 Appendix J Anti-Collusion Certificate�� 29


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i Conditions of Tender

Tenderers must ensure they have fully complied with the conditions in the Tender Instructions. Any queries regarding the Tender must be submitted formally as explained in Section 1.7. The Employer retains the right to reject any Tender that is not submitted in accordance with the Tender Instructions.

The Tender Process

1 General Information

1.1 These Instructions for Tendering concern the Tender process only and will not form part of any subsequent contract with the successful Tenderer.

1.2 The Edge Lane West Highway and Environmental Improvement Scheme contract contains a number of innovations including financial incentives and contractual key performance indicators. Associated with these is a Tender process that seeks to determine the most economically advantageous tender to the Employer. This will be a compliant bid with a validated overall score higher than any other Tenderers’ overall score. It is the responsibility of Tenderers to become fully familiar with the Tender Documents and Tender process.

1.3 These Instructions for Tendering relate to a contract for Early Contractor Involvement and Construction of the Edge Lane West Highway and Environmental Improvement Scheme, including demolitions, utility co-ordination and developer interfacing. Subject to a satisfactory outcome of the Early Contractor Involvement stage, a Works Contract may be entered into for the construction stage of the Works.

1.4 This Tender comprises both priced and quality elements, with Interview and presentation requirements. The Tender Assessment Procedure and scoring criteria is outlined in Section 12 and information contained within Appendix D.

1.4 “Early Contractor Involvement” and “Works” are referred to as Stage 1 and Stage 2 respectively. Volume 1 of this contract documentation contains the detailed requirements for each stage.

1.5 The Employer will be Liverpool City Council. All administrative functions will be performed by Mouchel and 2020 Liverpool on behalf of the Employer at:

1st Floor, West House, Mercury Court, Tithebarn Street, Liverpool, L2 2QP

1.6 The Procurement Officer for this competition is: Mr. Bob Dunn - for contact details see 1.7. The nominated representative of the procurement officer is Mr Chris Founds, of Mouchel / 2020 Liverpool.

Contact with the Procurement Officer or his representative must be made by email only. Except where otherwise directed in these Instructions, Tenderers


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must not contact any person in relation to this competition other than the Procurement Officer or his nominated representative.

1.7 Any queries that Tenderers may wish to raise regarding the Tender Documents must be directed, in writing by e-mail, to the project inbox as follows:

[email protected] Queries must be raised as soon as possible on the form included in Appendix F, but must be no later than Friday 31 July. Any queries relating to insurance must be submitted not later than 14 days prior to the date for return of Tenders.

1.8 Tenderers are to identify a single primary point of contact in their organisation to communicate with the Procurement Officer. The name and email address of the contact are to be provided within 5 days of receipt of the Invitation to Tender using the form attached in Appendix E.

1.9 The only circumstances where queries, including discussions at Tender Clinics, would be disclosed to other Tenderers are where the Employer considers that Tender amendments are necessary in order to correct the Tender Documents, for example, to rectify errors or omissions. Where the queries, including Tender Clinic discussions, relate to the Tenderer’s proposed approach then this information will be treated in confidence and will not be communicated to the other Tenderers. Tenderers should indicate if in their view an issue should be treated “in confidence”, but the Employer reserves the right to take the final decision on disclosure.

2 Confidentiality and Intellectual Property Rights

2.1 The tender must be treated as private and confidential. Tenderers should not disclose the fact that they have been invited to tender or release details of the tender documents, other than on an "in confidence" basis, with the authorisation of the Employer, to those who have a legitimate need to know or whom they need to consult for the purpose of preparing the tender. Tenderers should not release information concerning the invitation to tender and/or the tender documents for publication in the press or on radio, television, screen or any other medium.

2.2 Under the Freedom of Information Act 2000 the Employer may be obliged to disclose information relating to responses to this tender. Tenderers may request that certain information is not disclosed if to do so would prejudice their legitimate commercial interests or is otherwise exempt from disclosure under the Act. Requests for non-disclosure must accompany the tender and include clear and substantive justification together with a time limit when any confidential information could be disclosed. The terms of any confidentiality agreement would, if requested, be available for disclosure.


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3 Tender Programme and Assessment Dates

3.1 The overall Tender period shall be 6 weeks from issue of Tender Documentation. Tender Documentation shall be issued on Monday 06th July 2009. The Tender Programme and Assessment dates are given in the table below :

Date Activity Comments

06 July Issue of Instructions for Tendering and Tender Documentation

14 July Last Date for Tender Clinic Requests

Email to [email protected] requesting clinic slot

17 July Last Date for Tender Clinic Items for Discussion

Email Items for Discussion form to [email protected] For tender clinic

20 – 24 July Tender Clinic (if requested) West House, Mercury Court, Tithebarn Street, Liverpool, L2 2QP

31 July Last Date for Tender queries Queries to [email protected]

17 Aug Last Date for Tenders returned to the Employer

Return to the Procurement Officer Liverpool City Council, Finance and Legal Services, 4th Floor Venture Place, Sir Thomas Street, Liverpool, L1 6BW

18 Aug 09 to 30 Aug 09

Initial Tender Evaluation Period

1, 2 Sep Tenderer Interviews The Contractor will be given a 2hr slot in which to carry out a maximum 45min. presentation after which they will be questioned about their submitted Tender. Presentations will take place at Mouchel’s Office, Mercury Court. The Tender evaluation will be based on 60% of the Tenderers quality submission and 40% based on price and the interview/presentation assessment.

Sept 09 Final Tender Evaluation Period, Commercial / Financial checks on the preferred bidder

Oct 09 Council Exec Board approval of the preferred bidder

Oct / Nov 09 Notify award to ALL Contractors


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4 Tender Clinic

4.1 One Tender Clinic is available for each Tenderer and, if required, will be held at the Administrators Office, Mercury Court. Tenderers requesting a tender clinic must advise the Procurement Officer via email by 14th July. The Procurement Officer will then fix a date and time for the clinic within the window provided.

4.2 Tender Clinics will take the form of a question and answer session. Any questions should be submitted using the Tender Clinic Items for Discussion form in Appendix G and e-mailed by 17th July in advance of the Tender Clinic. There are a maximum of 4 attendees allowed from the Tenderer and these must be identified along with their roles on the project / in the company. This will allow the Employer to arrange for appropriate representatives to attend the Tender Clinic.

4.3 The Employer cannot guarantee an immediate response to questions raised at

the Tender Clinic which have not been previously submitted on the form, however queries will be formally responded to by Friday 07th Aug. The duration of individual Tender Clinics will depend on the number of questions submitted, but will be limited to a maximum of 2 hours per Tenderer.

4.4 Attendance at the Tender Clinic is not mandatory and non-attendance will not

penalise Tenderers or be considered as part of the overall Tender Assessment.

Submission of Tenders

5 Tender Documents

5.1 A summary of documents provided with the Tender Invitation and those to be returned is contained in Appendix C.

6 Insurances

6.1 Details of insurance policies held or proposed which meet the requirements stated in the Contract, must be submitted with Tenders for the Employer’s approval. If an insurance policy contains any excess amount, the following levels will be permitted:

(a) for insurance relating to failure to use skill and care, i.e. professional indemnity insurance, there is no restriction on the amount of excess;

(b) for insurance risks relating to loss of or damage to the Works, Plant, Equipment and Materials, an excess limit of £10,000;

(c) for all other insurance risks, i.e. relating to loss of or damage to third party equipment and property, bodily injury or death to the Contractor’s employees and bodily injury or death to third parties, an excess limit of £2,500

6.2 Any queries on insurance issues must be raised in writing with the Employer at the earliest opportunity but in any event no later than 14 days before return of the Tender. Tenderers should note that failure to submit required insurance details


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could delay consideration of his Tender by the Employer. A contract will not be awarded to a Tenderer until their existing or proposed insurances have been verified.

7 Qualified Tenders

7.1 Tenders must not be qualified or accompanied by statements or a covering letter that might be construed as rendering the Tender ambiguous and/or placing it on a different footing from other Tenders.

Only Tenders submitted strictly in accordance with these Instructions for Tenderers and the Tender Documents as issued (or subsequently amended by the Employer) will be accepted for consideration.

The Employer’s decision as to whether or not a Tender is acceptable will be final and the Tenderer will not be consulted. Qualified Tenders will be excluded from further consideration and the Tenderer notified.

8 Form of Tender

8.1 Tenders must be made on the accompanying Form of Tender, which must be signed by, or on behalf of, the Tenderer and returned together with all the information requested in Appendix C of this document. The completed documentation must be submitted to the address and by the date and time stated below. Unauthorised alterations or additions to any part of the Tender Documents are not permitted.

9 Tender Submission

9.1 Each Tender must remain valid for 180 days from the Tender return date. The submission requirements are 3 original paper copies, and 1 electronic copy, with electronic documents to be provided in Microsoft Word, MS Project and EXCEL spreadsheet format. All other images shall be submitted in ADOBE PDF format.

9.2 The Tender should be sealed in an envelope (or plain boxed) and clearly marked as follows : CONFIDENTIAL

TENDER for Edge Lane West – Highway and Environmental Improvement Scheme

TENDER Ref 1239

9.3 The Tender must arrive no later than the time and date given in the Tender Invitation letter.

9.4 Tenders should be sent by registered post, recorded delivery, Red Star Service, Parcel Force Datapost (or the nearest equivalent postal service from another member state of the European Union), by Courier or hand delivery in a plain sealed envelope. Whichever method of delivery is used, Tenderers must ensure


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that NO NAMES, ADDRESSES, POST STAMPS OR MARKINGS INDICATING THE IDENTITY OF THE TENDERER ARE TO BE MARKED ON OR AFFIXED TO THE ENVELOPE.

10 Statements

10.1 Tenderers must submit a statement with the Tender undertaking responsibility for dealing with claims, or parts of such claims, within the excess amounts in 6.1.

10.2 Tenderers must return with the Tender a statement confirming that they are

willing to accept the role of Principal Contractor under the provisions of the CDM Regulations 2007. A Pre-Construction Information Pack is included in Volume 2.

10.3 Tenderers must return with the Tender a build up to their Fee Percentage inserted in Contract Data Part 2. The statement must follow the layout shown in Appendix H.

10.4 Tenderers must return with the Tender a statement describing how the staff rates to be used in Stage 1 and 2 will be built up. This statement must identify that these costs are inclusive of ALL attendant costs, without exception.

11 Tender Quality and Financial Submissions

11.1 The Tender Quality Statement should be submitted together with the completed Risk Register.

11.2 Tenders must be accompanied by the Form of Tender, which must be signed by the Tenderer and returned together with all the documents listed in Appendix C. The Tender is to be returned in the following volumes.

Volume 1. The Tenderer’s Quality Statement and completed Priced Construction Risk Register.

Volume 2. The Priced Bill of Principal Quantities and Staff Fee Schedules.

Volume 3. This should contain the completed Form of Tender signed by the Tenderer, together with original copies of the documents as listed in Appendix C.

Further notes on the contents of these documents are given below:

11.3 The Tender Quality Statement must follow the structure set out and cover the Items described in Appendix A. The Tender Quality Statement must present each item in two separate parts : Part A; the proposed approach to the contract, and Part B; the evidence from previous projects or systems, undertaken or employed by the Tenderer to demonstrate that the proposed approach is likely to be successfully delivered.

11.4 The approach to this contract is to be described in Part A of the Quality Statement in the form of proposals and quality procedures. The proposals are to consist of material explaining how, if awarded this contract, the Tenderer intends to provide both the ECI services and the Works. The quality procedures are to set out how the proposed activities are to be carried out. The quality procedures are required to be incorporated into the successful Tenderer’s Quality Plan, and


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are limited to statements that will become contractual obligations. The evidence in Part B of the Tender Quality Statement is to consist of verifiable statements showing how the approach proposed in Part A has been developed from the successful delivery of similar work.

11.5 As this Contract contains significant Early Contractor Involvement within Stage 1, both Part A and Part B must contain relevant proposals and examples to demonstrate that the Tenderer has experience in the successful management and delivery of ECI processes.

11.6 Tenderers should note that the Tender Quality Statement is restricted to 60 pages (120 sides). Text should be presented on A4 paper in 12-point font, single-spaced, with the margins set so that the combined horizontal margin spacing on either side of the document equates to 5cm in total, with no margin being less than 1.5cm. tables and graphics will be permitted to contain text of no less than 8pt font, but must at all times remain legible. Any graphics submitted that are illegible will be discounted. The page limit relates to the entire Tender Quality Statement including title pages, drawings, diagrams, programmes, flow charts and Appendices. Divider pages are excluded from this count. Tenderers must number the pages of the Tender Quality Statement. Please note that Headers and Footers are already allowed for in the 2.5cm margins. Divider pages must be tabbed and may be used for additional illustration, however the content of any divider pages will not be counted towards any final assessment or marking. If the Tender Statement submitted by the Tenderer exceeds the page limit, in whole or in part then the Tender will be rejected.

11.7 The page limit balances the need to provide adequate scope for Tenderers to be comprehensive while ensuring that submissions remain concise and of a practicable size. If Tenderers consider that the page limit is insufficient then the Procurement Officer must be advised within two weeks of the Tender Documents being issued. No guarantee can be given that the page limit will be increased.

11.8 The statements in the Tender Quality Statement are to consist of quality procedures that will be incorporated into the successful Tenderer’s Quality Plan. The information provided at Tender is limited to that which will later be incorporated into the Quality Plan.

11.9 The responses should set out how resources and processes will be tailored to most effectively deliver the obligations of both the Stage 1 ECI process and the Stage 2 Works Contract. Tenderers should demonstrate a clear understanding of the duties imposed by the contract, with a focus on risk and value management in its delivery. Presentation of a clear submission will help assessors to focus on the key proposals put forward by Tenderers.

11.10 Tenderers are also required to submit a fully priced Bill of Principal Quantities. This is provided in Volume 3, together with the relevant works information and pricing requirements. The quality of approach to pricing and the realism of costs provided will be assessed along with the Tenderers compliance to the pricing requirements. Tenderers should note that the Bill of Principal Quantities will be


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used as the basis for determining the Contract Price during the Stage 1 ECI process.

Tender Assessment Procedure

12 Marking of the Tenders

12.1 The Tender Quality Statement will be assessed by a Tender Assessment Panel. The Tender Assessment Panel will award provisional marks for the Tender Quality Statement based on the scoring system given in Appendix D (Tables 1A and 1B) against each of the assessment criteria given in Appendix D (Table 2), read in conjunction with the completed Construction Risk Register. Each of the elements of assessment criteria as shown in bold will have an equal weighting.

12.2 Following the provisional marking of the Tender Quality Statement, the Tender Assessment Panel will undertake a validity check of each Tender Statement. The purpose of the validity check is for the Tender Assessment Panel to validate the accuracy of the Tender Statement and to finalise the marks awarded prior to Interview.

12.3 The Employer reserves the right to validate the Tender Statement by any practical means, and may approach any person or organisation named in the Tender Statement as part of the validity check. Following the validity check there will be an Interview, were Tenderers will be required to produce a 45min presentation on their submission and outline their proposed approach to delivery. This interview will be held at Mouchel Offices in Mercury Court. Such an interview will enable but not limit the Tender Assessment Panel to:

a. clarify any matters in connection with the submitted Tender; b. check the accuracy of the information supplied in the Tender Quality

Statement, including attributes such as leadership, partnering, organisational culture and processes.

c. obtain a thorough understanding of the proposed project staffing and organisational culture

d. review any financial and commercial aspects

12.4 Key members of staff proposed for the contract are expected to attend any interview. The date, time, place, and numbers attending the interview shall be confirmed between the Tenderer and the Employer at least 7 days in advance of the interview date. It is anticipated that the Interviews will be conducted from the 01st September.

12.5 Following completion of the validity checks the Tender Assessment Panel will complete their marking of the Tender Quality Statement as described in Appendix D. It should be noted that the provisional marks may change significantly as a result of the validity checks. Tender Quality Statements with a combined score of 0 for any of the assessment criteria in Appendix D, Table 2; will be rejected.

12.6 In addition to the Tender Quality Statement, the Tenderer is also required to submit financial elements. These will consist of a priced Bill of Principal Quantities, Lump


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Sum ECI fee and schedules of staff fees for both ECI and Works. The requirements of the financial submissions are outlined in Appendix D.

12.7 In addition to marking the Tender Quality Statement, the Tender Assessment Panel

will determine whether the Tenderer has satisfactorily demonstrated that the build up of the fee percentage, and staff fee schedules for both ECI and Works are representative of the likely costs to be incurred. Failure to satisfy the Tender Assessment Panel on these matters will result in the Tender being rejected.

12.8 The individual marks awarded by each Tender Assessment Panel member will be combined and averaged to provide a final aggregated score for each element of the Tender Quality Statement.

12.9 The Tender Quality Statement and Financial elements scoring will be carried forward to the overall assessment criteria and aggregated accordingly based on marks for both Quality and Financial. The overall weighted marking criterion is contained in Appendix D Table 3.

Contract Award

13 Tender Acceptance

13.1 The Employer does not bind himself to accept any of the Tenders. Appointment will be made following approval at the Council’s Executive Board. The resulting contract will be executed as a deed under seal.

13.2 A sustainability check of the Preferred Bidder’s tender submission will review all the material provided to verify that the cost and quality submissions show a consistent approach and that the Preferred Bidder is likely to deliver the level of service set out in the Quality Statement.

13.3 A confidential financial check of the past 3 years final accounts may be undertaken to verify financial stability and wellbeing. Tenderers must ensure that they can comply with this requirement as failure to provide access to this information may render the Tender invalid.

13.4 A check may also be undertaken with the DTi in relation to any ongoing or pending investigations, following receipt of statements as outlined in Appendix C.

14 Publication and Feedback

14.1 Tenderers should note that the name of the successful Tenderer will be published in the Official Journal of the European Union (OJEU).

14.2 All Tenderers will be given the opportunity to discuss their Tenders with an appropriate representative of the Employer following the award of the contract.



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Appendix A Tender Quality Statement Requirements

The Quality Statement is to be presented in two separate parts (A and B), as described below. The first part is to provide the Part A statements and the second the Part B evidence.

Part A – Proposed Approach

Part A is to set out the Tenderers proposed approach to deliver both the ECI and the Contract objectives by maximising performance against each key performance criterion listed in Table 1 below. This should demonstrate the proposed continual improvement and review processes that will be introduced throughout the duration of the project, to manage and control the performance criterion listed.

The proposals and procedures in Part A are to set out how the people, partnering and processes to be implemented within the ECI process and on the Contract will control the identified management risks. Under each management risk heading, the statement should aim to deal with the issues listed.

At the front of Part A, Tenderers should include a description of their proposed management organisation, an organisation chart and such general information on people, partnering and process as is needed to help the assessors understand the statements that follow. The management organisation description should include the proposed location of key people and their teams. The organisation chart should identify the posts, and the skills, training and experience needed to fill those posts. Part A should not include any named individuals, other than by role.

Part B – Evidence to Support the Proposed Approach

Part B is to identify the evidence from other projects to provide the Employer with confidence that the proposed approach is likely to be successfully delivered.

The evidence is to consist of verifiable statements showing how the approach proposed in Part A has been developed and has contributed to the successful delivery of similar services.

The availability of resources to fill the posts for key people should be given in Part B, including the evidence that the people identified meet the requirements for their posts.

A schedule outlining details of all projects used to provide the evidence submitted in Part B should be included at the end of Part B. It should include the following details:

• Project Title • Client • Value • Role Played • Supply Chain Partners • Dates

This schedule will not form part of the overall page count.


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Structure of Quality Statements

Table 1 below identifies the key performance criteria required and lists certain risks to meeting those criteria. Tenderers should take account of this table for guidance as to the issues which might need to be considered in addition to any contract specific issues, and any risks listed in the Project Risk Register. The Tender Quality Statement must be structured to follow the main headings and management and approach risks outlined in the table below, using the numbering system in the table, and to cover each numbered risk separately. Some considerations will be common to several management risks; duplication should be avoided by the use of cross references, as deemed necessary.

Note :

Tenderers should note that the key headings provided in Table 1 will form the Key Performance Indicators that will be measured and reviewed throughout the duration of both the ECI and Works Contracts, as appropriate. These will be reviewed and measured in accordance with Constructing Excellence KPI’s – UK Construction Industry KPI User Manual, 2008; as follows :

1. Client Satisfaction – Product

2. Client Satisfaction – Service

3. Defects – Right First Time

4. Predictability – Cost

5. Predictability – Time

6. Safety


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Quality Assessment Criteria Management and Approach Issues for Consideration

Client Satisfaction – Product

1.1 Deliver Project Objectives

1.2 Use of the Risk Register Risks and Opportunities 1.3 Mitigate risk to the Employer Programme

Management Political Funding

1 Control of the Project

1.4 Post Project Review Lessons Learnt Closure

2.1 Embrace the ECI process Design Freeze Buildability Value Engineering Risk Management Programme Partnering

2.2 Supply Chain Engagement Value Engineering Programming Innovation Commercial

2.3 Commercial Input Achievement of Contract Price Open Book approach Risk Assignment Cash Flow and forecasts

2 Early Contractor Involvement

2.4 Manage the ECI programme Level of detail and milestones Reporting and Responsibility

3.1 Attention to construction work Planning and use of Supply Chain 3 Construction Issues 3.2 Attention to completion issues Handover & Acceptance

Inspections As-built Records


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Client Satisfaction – Service

4.1 Organisation and management during ECI and during the Works

Roles and Responsibilities Competency and Experience

4.2 Procurement and management of the supply chain

Performance Programming and Delay

4.3 Development and implementation of a system for innovation and value for money

Value Management Innovation Process Partnering Board

4 Project Management

4.4 Operate adequate change control procedures Early Warnings Compensation Events

5.1 Operate effective communications and liaison with the Employer

Lines of Communication Reporting and Progress

5.2 Address third party concerns adequately Communications Development Interfacing Utilities Co-ordination

5.3 Community Engagement Publicity Liaison Officer Inclusion

5

Relationship Management

5.4 Employment Opportunities Local Labour opportunities Jobs Created and secured

Defects - Right First Time

6.1 To get work right first time Benchmark completed sections of Edge Lane Rework Supply Chain Public Perception

6.2 Develop and operate robust on-site quality management process

Document control Design Team interface and cohesion

6 Control of Quality

6.3 Number of defects at completion Effect on road users and others Handover delays


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Predictability - Cost

7 Achievement of Scheme Budget

7.1 Deliver within budget Risk management Change management Value Engineering Funding availability

8.2 Reliability of estimates and forecasts Provisional Sums Contingency Cash flow and profiles Supply Chain

8 Reliability of Cost Estimates

8.1 Cost predictability Contract Price incorrectly assessed Supply Chain cost management Change processes Designer and Commercial Team co-ordination

Predictability - Time

9.1 Deliver Scheme to programme Traffic Management Perception Funding Development Interface

9.2 Programme Planning Supply Chain management Third party affects

9 Reliability of Time Estimates

9.3 Completion within forecast time ECI overrun / Funding Application Achievement of Vacant Possession Demolition and Utilities co-ordination

Safety

10.1 Staff Health & Welfare Policies Policies On-site implementation process

10.2 Compliance with CDM Regulations Design and Buildability Sustainability and Environment PCIP

10.3 Attention to the safety of public TM, Security, Publicity

10 Health & Safety Failure

10.4 Level of reportable accidents Target Zero


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Appendix B Staff Fee Schedule for Stage 1 ECI and Lump Sum Cost

Staff Schedule for Stage 1 ECI Duration Daily Rate Cost

days £ £

Contracts Director

Construction Manager

Commercial Manager

Estimating Manager

Project QS

Project Planner

Utilities Co-ordinator

Traffic Management Officer

Buyer

etc (insert / delete as required)

3 month ECI Lump Sum Price £

Hours allowed for in daily rate hours

Notes for completion :

1. The schedule of staff rates provided above shall be based on an ECI period of 3 months. 2. Staff can be added or omitted from the list as deemed appropriate by the Tenderer 3. The Tenderer shall declare what allowance has been made for the number of hours

factored into his working daily rate. 4. The 3 month ECI Lump Sum Price shall be fully inclusive of VAT. 5. The schedule of fee rates above shall remain open for 180 days following submission of

Tender and will be bound into the Contract - Schedule 3 of the ECI Agreement. 6. The above rates will be used for agreement between the PM and Contractor, if ECI is

required for any purpose beyond the 3 month period. 7. The above rates shall be fully inclusive of ALL attendant costs, without exception. 8. The Services required in respect of ECI are listed in Schedule 2 of the ECI agreement.


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Appendix C List of Documents provided with this Invitation to Tender 1 List of Documents

The following is a list of documents included with this Invitation:

1.1 Instructions for Tendering (Volume 0) 1.2 Form of Tender (Volume 1) 1.3 Form of Agreement by Deed (Volume 1)

1.4 Early Contractor Involvement Agreement (Volume 1) 1.5 Schedule of Amendments to NEC3 ECC Option B (Volume 1)

1.6 Sub-Contractors Deed of Warranty (Volume 1) 1.7 Contract Data Parts One and Two (Volume 1) 1.8 Pre-Construction Information Pack (Volume 2) 1.9 Project Risk Register (Volume 2) 1.10 Site Information (Volume 2) 1.11 Works Information (Volume 3) 1.12 Bill of Principal Quantities (Volume 3) 1.13 Drawings and Specification (Volume 3)

2 Data Room 2.1 Additional information, as described in Volume 3, will be available for inspection in a Data

Room, located at the address below. For access to the Data Room, contact should be made with:- 2020 Liverpool , 1st Floor, West House, Mercury Court, Tithebarn Street, Liverpool, L2 2QP Contact: Andrew Fraser Tel: 0151 237 4105

2.2 The Data Room will be open between 9.30am and 4.30pm on Mondays to Fridays (Bank Holidays excepted). A prior appointment is required and shall be made at least 2 working days before access to the Data Room is required.

2.3 Copies of the information available in the Data Room can be made available following arrangements with the above named. 2020 Liverpool will charge their costs to the Tenderers if this service is requested.


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3. List of Documents to be returned with the Tender

as Volume 1

1 Tender Quality Statement

2 Completed and Priced Construction Risk Register

as Volume 2

3 Priced Bill of Principal Quantities

4 Fee schedule for the staff rates to be used in Stage 1 ECI and a Lump Sum Cost, which demonstrates that the component parts are fair and fully inclusive of ALL attendant costs, without exception. (Appendix B)

5 Fee schedule for the staff rates to be used in Stage 2 Works, which demonstrates that the component parts are fair and fully inclusive of ALL attendant costs, without exception. (Appendix I)

6 Build up of the fee percentage inserted in Contract Data Part 2, which demonstrates that the component parts are fair and reasonable, including reference to any incentive scheme linked to results. (Appendix H)

as Volume 3

7 Completed Form of Tender and Anti Collusion Certificate

8 Completed Contract Data Part 2

9 Key Staff Schedule for Works and Proposed On-site Personnel with accompanying CV’s

10 Status of Registration under the Inland Revenue Construction Industry Scheme Regulations

11 Written undertakings stating the Tenderers willingness, if awarded the contract, to accept the appointment and duties of the Principal Contractor under the CDM Regulations 2007.

12 Summary of relevant insurance policies including certificates where appropriate

13 Statement undertaking responsibilities for dealing with insurance claims or parts of such claims within the excess amount

14 Statement on the build up of the staff rates to be used in Stage 1 and Stage 2, which demonstrates that the component parts are fair and fully inclusive of ALL attendant costs, without exception.

15 Statement providing all details of any ongoing or pending investigations by the DTi.

Any drawings and other documents not returned with the Tender should be sent back to:- Mouchel, c/o 2020 Liverpool, West House, Mercury Court, Tithebarn Street, Liverpool, L2 2QP. For the attention of Mr Andrew Fraser.


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Appendix D Tender Assessment

Volume 1 - Quality Assessment

Marks will be awarded for each of the assessment criteria of the quality statement, as set out in Table 2 below. The assessment criteria are equally weighted.

Marks will be based on all of the information supplied in the Quality Statement and will be awarded using the assessment standards in Table 1A and 1B below.

The mark given for each assessment criterion will be the lower of the individual marks for Part A and Part B.

The mark is a measure of the Employer’s level of confidence that the Tenderer will deliver the project objectives and continually improve over the lifetime of the project. The higher the total mark, the lower the risks to delivery and the more confidence Liverpool City Council will have that value for money has been achieved and continual improvement demonstrated.

These marks will then be carried forward to the Overall Tender Assessment as represented in Table 3. These marks will then be weighted accordingly against the criteria shown.

The Tender Assessment Panel will provide a reality check after the overall Quality score is taken forward to the weighted Overall Tender Assessment as represented in Table 3. Volume 2 – Financial Assessment Marks will be awarded for the financial submission against both the Priced Bill of Principal Quantities and ECI fee, together with the schedule of staff fees. For the Priced Bill of Principal Quantities the following criteria will be assessed :

1 Preliminaries 2 Works Costs 3 Overheads and Profits 4 Supervisory Staff Fee Schedule

For the ECI cost and staff fee schedules the following will be assessed :

1 Overall Lump Sum ECI Cost 2 ECI Staff Fee Schedule

All financial assessment will be considered against overall price, sufficiency and utilisation, and any exclusions and / or adjustments. Comparisons will be drawn for each element against the overall best price submission for each area of assessment. The difference between the Tenderers submission and the best price for that area will then be factored as a percentage of the best price and then weighted against the overall available score for that area. If required, checks will be undertaken with the Tenderer regarding any rates or values provided within the priced Bill of Principal Quantities that are not deemed to be satisfactory.


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Table 1A : Marks awarded for Volume 1 Part A - Approach

Proposed

Approach

How well does the proposed approach demonstrate an understanding of the project

objectives and address the main management and technical risks relating to the project?

Mark

Weak

The approach fails to demonstrate an adequate understanding of the project objectives and fails to address adequately the main management and technical risks

1 - 4

Acceptable

The approach demonstrates an adequate understanding of the project objectives and covers the main management and technical risks to an acceptable standard

5 - 7

Good

The approach demonstrates a good understanding of the project objectives. It deals fully with the main management and technical risks and provides for delivering continual improvement over the life of the project

8 - 9

Excellent

The approach has been tailored specifically to suit the project objectives, uses innovative approaches to deal comprehensively with the main management and technical risks, and is likely to maximise performance against Key Performance Indicators and deliver continual improvement over the lifetime of the scheme

10

Table 1B : Marks awarded for Volume1 Part B - Evidence

Supporting Evidence

How well does the evidence from previous projects provide confidence that the proposed approach is

likely to be successfully delivered? Mark

Weak There is little evidence that the proposed approach has been influenced by experience on other projects

1 - 4

Acceptable There is an adequate level of evidence that the proposed approach has been developed as a result of successful experience on other projects

5 - 7

Good There is substantial evidence that the proposed approach has been developed from other projects using formal continual improvement processes

8 - 9

Excellent

There is substantial evidence that the approach has been developed using continual improvement processes, which are routinely used to develop approaches and deliver the objectives successfully on any project.

10


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Table 2 : Overall Assessment of the Volume 1 Quality Statement Submission

Quality Assessment Criteria Part A Marks

Part B Marks

Criteria based on Constructing Excellence KPI’s Approach to this

Contract

Evidence from

Previous Projects

Lower of Mark A

or B

(a)

Client Satisfaction – Product

1 Control of the Project

2 Early Contractor Involvement

3 Construction Issues

Client Satisfaction – Service

4 Project Management

5 Relationship Management

Defects - Right First Time

6 Control of Quality

Predictability - Cost

7 Achievement of Scheme Budget

8 Reliability of Cost Estimates

Predictability - Time

9 Reliability of Time Estimates

Safety

10 Health & Safety Failure

Total

Marks will be provided by each member of the Tender Assessment Panel and averaged before being carried forward to the Overall Tender Assessment in Table 3.


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Table 3 : Overall Tender Assessment

Overall Tender Evaluation Matrix Mark Weighting Total Awarded a b (a x b) QUALITY STATEMENT (42%) Product 7% Service 7% Right First Time 7%

Cost 7% Time 7%

Safety 7% PRESENTATION and INTERVIEW (18%) Presentation clarity 7% Response to questions 6% Overall Team Consistency 5%

Quality Score 60% Reality Check 0.3 – 1.0

Moderated Quality Score A 60% FINANCIAL (40%)

Supervisory Staff fee schedules 7.5% Preliminaries 10%

Works Cost 10% Overhead and Profit 5%

ECI Lump Sum Cost (3 months) 7.5%

Financial Score B 40%

Overall Tender Score (A+B) 100% A reality check will be undertaken by the Tender Assessment Panel following Interview and Presentation. This will provide the opportunity for the Panel to undertake a qualitative assessment of the key individuals being proposed for the project delivery and assess the overall consistency with the Quality Statements. The Panel will adjust the formal Quality tender evaluation score by a factor between 0.3 and 1.0 depending on the overall consistency and performance by the Tenderers at Interview stage, as shown in Table 3 above.


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Appendix E Tenderers Point of Contact Sheet

Name:

Position within Company:

Role in Project:

Contact Address:

Email:

Telephone:

Facsimile:

Please provide a secondary point of contact if the primary contact is unavailable.

Name:

Position within Company:

Role in Project:

Contact Address:

Email:

Telephone:

Facsimile:

This form should be submitted electronically to [email protected]


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Appendix F Tender Query Submission Sheet

Contractor: ……………………………………………………… Contact Name: ……………………………………………………… Contact Email: ……………………………………………………… Contact Telephone: ……………………………………………………… Queries should be sent electronically to [email protected]

Item Subject Tender Query In Confidence ?

eg Specification Clarification of materials, etc Y / N

1

2

3

4

5

etc

add additional rows as required


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Appendix G Tender Clinic Items for Discussion Contractor: ……………………………………………………… Contact Name: ……………………………………………………… Contact Email: ……………………………………………………… Contact Telephone: ……………………………………………………… Name of Attendees Role of Attendees …………………………………………… …….………………………………

…………………………………………… …….………………………………

…………………………………………… …….………………………………

…………………………………………… …….……………………………… (Max 4 Attendees) Item Subject Area for Discussion In

Confidence ? eg Highways Alignment of the road Y / N

1

2

3

4

5

etc

add additional rows as required


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Appendix H Build-up of Fee Percentage

The fee percentage inserted in Contract Data Part Two by the Tenderer is to be supported by the details in the following table : 1. Where a listed constituent of fee cannot be separated then “Included” is inserted.

It is made clear in which other constituent of the fee the constituent is included. 2. Other constituents are separately listed, and a separate explanation of these is to

be provided. 3. Two copies of the Schedule are to be provided; one for the subcontracted fee

percentage covering the Fee on subcontracted work and one for the direct fee percentage for other work.

Constituent of Fee Fee % Value

Project Related Profit Insurance Premiums 2 Insurance Excess allowance Financing & Interest charges Disallowed Costs Advertising & recruitment Personnel / HR service Quality Assurance Health & Safety Training Professional Subscriptions Private Medical and Life Insurances and Health Schemes

Redundancy payment fund Tendering Legal fees Other (please specify) Head and Area office overheads Head Office Staff Corporate overheads Franchises, Royalties, Licences Taxes Accounting and Auditing Research and Development Marketing, Sales, Exhibitions Advertising and Publicity Entertainment


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Rent, rates, leases, taxes, services and servicing of premises, Stationery, telephones, telex, fax, postage charges

Computing Business risk Day Release, Block Release or Training

Other TOTAL

Notes: Financing and Interest charges exclude charges compensated for by interest paid in accordance with this contract; Quality Assurance relates to service outside the Working Areas; Redundancy payment fund excludes payments in respect of personnel employed specifically and solely for this project; Staff should include payroll burden and all benefits such as cars, subsistence, travel allowances and the like for whom the normal place of work is other than the Working Areas; Where the constituent of fee cannot be separated into a percentage of the fee then “inc” should be inserted. It should be clear which constituent of the fee “inc” applies. The figure of 2% has been inserted by the Employer. This figure is used at this time as the insurance companies are not willing to provide premium levels for future years. It will be replaced by the appropriate figure obtained and agreed just before the start of the construction phase. Please note that this 2% figure is for the insurance premium section of the Fee Percentage and that Tenderers must make their own allowance for the excess.


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Appendix I Staff Fee Schedules for Stage 2 Works

Table (i) – Main Construction Works – 18 months duration

Staff Schedule for Stage 2 - Works Duration Daily Rate Cost

days £ £

Contracts Director


Commercial Manager

Site Agent

Safety Manager

Project Lead QS

Project Support QS

Project Planner

Utilities Co-ordinator

Traffic Safety and Control Officer

Public Liaison Officer

Foreman / Sub-Agent

Office Manager

Receptionist / Admin Clerk


Total Staff Cost for Stage 2 - Works £

Table (ii) – Defects Correction / Maintenance Period – 12 months duration

Staff Schedule for Stage 2 - Defects Duration Daily Rate Cost

days £ £

Contracts Director


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Commercial Manager

Site Agent

Safety Manager

Project Lead QS

Site Agent


Total Staff Cost for Stage 2 - Defects £

Table (iii) – Landscaping and Aftercare Period – 36 months duration

Staff Schedule for Stage 2 - Aftercare Duration Daily Rate Cost

days £ £


Landscape Manager

Traffic Safety and Control Officer

Project Lead QS


Total Staff Cost for Stage 2 - Aftercare £

Notes for completion :

1. The schedules of staff rates provided above shall be based on the following periods : a. 18 months Construction Period (for pricing and evaluation purposes only) b. 12 months Defects Correction Period c. 36 months Landscaping Aftercare Period (following substantial completion)

2. A separate staff fee schedule shall be provided for each of the 3 periods outlined above, with appropriate staff inserted to reflect period activities and programme.

3. The total cost of staff for each period shall be carried forward to the Preliminaries section of the Priced Bill of Principal Quantities, as directed.

4. Staff can be added or omitted from the lists as deemed appropriate by the Tenderer, to reflect activities and programme for each period.

5. The schedules of fee rates above shall remain open for 180 days following submission of Tender and will be developed during the Stage 1 ECI.

6. The above rates shall be fully inclusive of ALL attendant costs, without exception.


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Appendix J Anti-Collusion Certificate

The essence of selective tendering is that the Council shall receive bona fide competitive tenders from all those tendering. In recognition of this principle we certify that this is a bona fide tender, intended to be competitive, and that we have not fixed or adjusted the amount of the tender by or under or in accordance with any agreement or arrangement with any other person. We also certify that we have not done and we undertake that we will not do at any time before the hour and date specified for the return of this tender any of the following acts: a) communicating to a person other that the person calling for these tenders the

amount or approximate amount of the proposed tender, except where the disclosure, in confidence, of the approximate amount of the tender was necessary to obtain insurance premium quotations required for the preparation of the tender;

b) entering into any agreement or arrangement with any other person that he shall

refrain from tendering or as to the amount of any tender to be submitted; c) offering or paying or giving or agreeing to pay or give any sum of money 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 for the said work any act or thing of the sort described above.

In this certificate the word “person” includes any person and any body or association, corporate or unincorporated; and “any agreement or arrangement” includes any such transaction, formal or informal, and whether legally binding or not.

The Contractors Anti-Collusion Agreement The Contractor is

Name

Address

Signed on behalf of the Contractor

Name

Position

Signature

Dated