weddin shire council · 2016. 8. 9. · bridge closing time and date for tender: 2pm on...

WEDDIN SHIRE COUNCIL

REQUEST FOR TENDER (RFT)

T4/2016: DESIGN, CONSTRUCTION & DEMOLITION OF BLACKS

BRIDGE

Closing time and date for tender: 2pm on Monday5thSeptember 2016

Tenders should be titled as “Bridge Tender T4/2016” and submitted

1) by post to: “THE TENDER BOX

WEDDIN SHIRE COUNCIL

PO BOX 125

GRENFELL NSW 2810”

OR

2) electronically to: [email protected] OR

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

mailto:[email protected]

Weddin Shire Council T4/2016: DESIGN, CONSTRUCTION & DEMOLITION OF BLACKS BRIDGE

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CONTENTS A. INTRODUCTION ......................................................................................................................................... 2

1.DETAILS OF THE TENDER ............................................................................................................................................. 2

2. SITE LOCATION .......................................................................................................................................................... 2

3. SITE INSPECTION ........................................................................................................................................................ 2

4. DETAILS OF THE EXISTING BRIDGE ............................................................................................................................. 2

5. DETAILS OF WORK REQUIRED .................................................................................................................................... 2

6. TIMING AND PRICE VALIDITY PERIOD ........................................................................................................................ 2

7. ENQUIRIES AND FURTHER INFORMATION ................................................................................................................. 3

B. RFT CONDITIONS AND INFORMATION .............................................................................................. 3

8. PARTICIPATION IN REQUEST FOR TENDER PROCESS .................................................................................................. 3

9. TENDER FORM ........................................................................................................................................................... 5

10. TENDER DOCUMENTS .............................................................................................................................................. 6

11. REQUIREMENTS FOR TENDERS ................................................................................................................................ 6

12. TENDER LODGEMENT .............................................................................................................................................. 8

13. TENDER EVALUATION ............................................................................................................................................. 10

C. COUNCIL’S REQUIREMENTS ................................................................................................................. 12

14. JOB SPECIFIC REQUIRMENTS ................................................................................................................................... 12

15. DESIGNREQUIREMENTS .......................................................................................................................................... 14

16. CONSTRUCTION REQUIREMENTS ............................................................................................................................ 17

D. RFT SUBMISSION SCHEDULE .............................................................................................................. 20

17. TENDER SUBMISSION SCHEDULE ............................................................................................................................ 20

18. LOCAL CONTENT ..................................................................................................................................................... 23

19. PRICING ............................................................................................................................................................... 23

20. FURTHER INFORMATION ........................................................................................................................................ 25

E. CONTRACT ................................................................................................................................................. 25

21. CONTRACT DOCUMENTS ........................................................................................................................................ 25

F. APPENDICES .............................................................................................................................................. 26

APPENDIX A: LOCATION PLAN ...................................................................................................................................... 26

APPENDIX B: ANNEXURES TO THE AUSTRALIAN STANDARD AS 4902-2000 GENERAL CONDITIONS OF CONTRACT FOR DESIGN

AND CONTRACT ...................................................................................................................................... 26

PART A .......................................................................................................................................................................................... 26

PART A – SEPARABLE PORTIONS .................................................................................................................................................. 31

PART B .......................................................................................................................................................................................... 33

PART C .......................................................................................................................................................................................... 34

PART D .......................................................................................................................................................................................... 34

PART E ........................................................................................................................................................................................... 34

APPENDIX C: INSTRUMENT OF AGREEMENT ................................................................................................................. 39

APPENDIX D: TENDER FORM ........................................................................................................................................ 40

APPENDIX E: SITE SURVEY PLAN (DWG No.129BBG) ..................................................................................................... 40

APPENDIX F: REVIEW OF ENVIRONMENTAL FACTORS .................................................................................................. 40

APPENDIX G: GEOTECHNICAL REPORT .......................................................................................................................... 40

APPENDIX H: DPI PERMIT APPLICATION FORM ............................................................................................................ 40

APPENDIX I: LEVEL 3 BRIDGE INSPECTION REPORT ....................................................................................................... 40

TERMS

Principal/ Council- Weddin Shire Council

Tenderer/applicant/respondent - The person/organisation, who submits the tender

The contractor-Successful applicant selected for undertaking the work

Superintendent - Director Engineering or his representative, DPI - Department of Primary Industries

WH&S - Work Health & Safety, RFT - Request For Tender, REF - Review of Environmental Factors


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A. INTRODUCTION

1. DETAILS OF THE TENDER Weddin Shire Council (“Council”) seeks, by way of this RFT, to identify suitable contractors to demolish the existing

timber bridge and design and construct a reinforced concrete replacement bridge over Tyagong Creek on Gambarra

Road, Greenethorpe (NSW 2809) village. Council’s Special Projects Engineer will assess the tenders based on the

established evaluation criteria and submit a draft evaluation report to Director Engineering. A final evaluation report

will be prepared by incorporating any corrections made by Director Engineering. He will then make recommendation to

the Council at Council meeting based on the outcome from the evaluation report. Following final approval from the

Council, Council will enter into a contract with the contractor in accordance with the specifications detailed in this RFT.

2. SITE LOCATION Weddin Shire Local Government Area is located in the central west region of New South Wales. Greenethorpe is one

of the villages in Weddin Shire and located approximately 345Km West of Sydney and 185Km North of Canberra. The

site is located approximately 2km north-east of Greenethorpe. A location plan is attached in Appendix A.

3. SITE INSPECTION A compulsory pre-tender briefing meeting and site inspection will be held at 10an on 22August 2016 atBlacks Bridge,

Gambarra Road, Greenethorpe NSW 2809. The meeting will be minuted and shall form part of tender documents. The

minutes will be available to the participants. The tenderers are required to attend the meeting and sign the meeting

attendance sheet in order to submit a conforming tender.

4. DETAILS OF THE EXISTING BRIDGE The existing bridge is a 28m long and 5m wide 3 span timber bridge with a 15° (approximately) skew angle on

Gambarra Road over Tyagong Creek. The recent Level 3 inspection on the bridge has revealed that the bridge is not

suitable for traversing all multi axle trucks. The bridge is now restricted to GVM of 6 tonnes for fixed axle trucks.

5. DETAILS OF WORK REQUIRED The works will involve the demolition of the above bridge, design & construction of a 28m long and 8m wide reinforced

concrete bridge with a 15° (approximately) skew angle on the same alignment and the associated works as detailed in

Section 14.6. The demolition of the existing bridge is a separable portion.

6. TIMING AND PRICE VALIDITY PERIOD Quoted amounts are required to remain valid for 90 days from the advertised date of the closing of tenders. In the

event of the withdrawal of the tender prior to the expiration of this period, the tenderer shall be liable for all costs,

losses or damages suffered by the principal by reason of that withdrawal.

All works associated with the bridge construction shall have to be completed by 10th of February 2017. Tenderers

should indicate if they will not be available to commence the works within ninety working days of Council’s Letter of

Acceptance of the tender. It is anticipated that a tender would be accepted within 20 working days from the advertised

date of the closing of tenders.

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7. ENQUIRIES AND FURTHER INFORMATION Any questions relate to the submission of this RFT should be directed to Council’s contact officer Nirupan (Special

Projects Engineer) on (02) 6343 1212 or via [email protected].

B. RFT CONDITIONS AND INFORMATION

8. PARTICIPATION IN REQUEST FOR TENDER PROCESS 8.1 Conditions for Participation

Conditions for Participation are mandatory requirements, which describe minimum standards that tenderers must

meet for their submissions to be considered. If tenderers do not meet the Conditions of Participation, they will be

excluded from the RFT evaluation process.

The Conditions for Participation are:

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

b) The tenderer must provide details of instances where, within 5 years prior to submitting this tender, they have been

found guilty of breaching any Act or Regulation. Such Acts include, without limitation:

i. Workplace Relations Act 1996 (Cth)

ii. Industrial Relations Act 1996 (NSW)

Iii. Occupational Health & Safety Act 2000 (NSW) or Work Health & Safety act 2011 (NSW)

iv. Workplace Injury Management & Workers Compensation Act 1998 (NSW)

v. Equal Opportunity for Women in the Workplace Act 1999

vi. Disability Discrimination Act 1992 (Cth)

vii. Human Rights (Sexual Conduct) Act 1994 (Cth)

viii. Racial Discrimination Act 1975 (Cth)

ix. Sex Discrimination Act 1984 (Cth)

x. Age Discrimination Act 2004 (Cth)

xi. Anti-Discrimination Act 1977 (NSW)

xii. Disability Services Act 1986 (Cth)

c) The tenderer must be prequalified with the NSW Roads and Maritimes Authority at Bridge Category B2 or higher.

d) The tenderer must have attended the pre-tender site meeting and the inspection.

8.2 Acknowledgement and Disclaimer

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

a) make no express or implied representation or warranty as to the currency, reliability or completeness of the

information contained in this RFT;

b) make no express or implied representation or warranty that any estimate or forecast will be achieved or that any

statement as to future matters will prove correct; and

c) to the extent permitted by law, expressly disclaim all liability arising from information contained in or omitted from

this RFT or otherwise provided to a tenderer.

It is the responsibility of tenderers to obtain all information necessary or convenient for the preparation of their tenders.

In submitting a tender, each tenderer acknowledges that it has not relied on any express or implied statement,

representation or warranty as to the truth, accuracy or completeness of the information contained in this RFT, or

otherwise provided to a tenderer by Council or on Council’s behalf.

8.3 Tenderer Costs

All expenses and costs incurred by a tenderer in connection with this RFT, including (without limitation) preparing and

lodging a tender, providing Council with further information, attending interviews, attending site meeting, and

participating in any subsequent negotiations, are the tenderer’s sole responsibility.

8.4 No Contract or Undertaking

Nothing in this RFT documentation is to be construed as an offer for work or to create any binding contract (whether

express or implied) between the Council and any tenderer.



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No Contract shall exist until the Council and the successful tenderer has executed an agreement in writing that

incorporates the RFT requirements and the outcomes of subsequent negotiations (if any).

8.5 Limited Liability

In the event a court finds there to be a contract between Council and a tenderer regarding the conduct of this RFT

process, the tenderer acknowledges that Council’s liability for any breach of the terms of such contract is limited to the

tenderer’s costs of participation in the RFT process, and does not include liability to the tenderer for any lost profit, lost

opportunity or other losses.

8.6 Public Statements

Tenders must not make any public statements (including without limitation providing information or documents for

publication in any media) in relation to this RFT or any subsequent contract arising out of this RFT, without Council’s

prior written approval.

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

stock exchange.

8.7 Council’s Rights

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

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

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

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

clarification to any tenderer or anyone else;

d) negotiate (on matters that may vary a response but would not substantially alter the original response) or not

negotiate with any one or more tenderers, and discontinue negotiations at any time;

e) allow, or not allow, the successful tenderer to enter into the proposed agreement in the name of a different legal

entity from that which provided a response to this RFT;

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

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

For the avoidance of doubt, Council may exercise its rights under this clause and elsewhere in this RFT at any time

and in its absolute discretion.For the avoidance of doubt, it may be in the public interest suspend or terminate this RFT

process if:

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

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

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

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

procurement process; or

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

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

8.8 Conflicts of Interest

Tenderers must include in their tender details of any known circumstances that may give rise to an actual or potential

conflict of interest with Council in responding to this tender or in the provision of the property or services described in

this RFT.

If at any time after the tender is submitted to Council, an actual or potential conflict of interest arises or may arise for

any tenderer, that tenderer must immediately notify Council in writing.

Council may, in its absolute discretion:

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

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

c) take any other action as it considers appropriate.

8.9 Canvassing


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The canvassing of Councillors relating to this RFT by a tenderer will result in automatic exclusion of the tender from

the tender evaluation process.

8.10 False and Misleading Claims

The attention of tenderer's is drawn to the provisions in the Trade Practices Act 1974 (Cth) and Fair Trading Act 1987

(NSW) which prohibit the giving of false and/or misleading information in documents such as a tender.

8.11 Collusive Bidding

Tenderers, consortium members and their respective officers, employees, agents and advisers must not engage in

any collusive bidding (other than bidding by consortia to the extent permitted by this RFT), anti-competitive conduct or

any other similar unlawful conduct with any other tenderer or any other person in relation to the preparation or

lodgement of their response.

8.12 Unlawful Inducements

Tenderers and their officers, employees, agents or advisers must not have violated and must not violate any

applicable laws or Council policies regarding the offering of inducements in connection with the preparation of their

response.

8.13 Improper Assistance

Tenderers must not use the improper assistance of any Council employee or use information obtained unlawfully or in

breach of an obligation of confidentiality to Council in preparing their responses.

8.14 Confidentiality

The information in this RFT is made available on condition that it is treated as confidential by the tenderer and is not

disclosed, copied, reproduced, distributed or passed to any other person at any time except for the purpose of

enabling a tender to be made. For example, a tender may disclose the information to its insurers or professional

advisers for the purpose of enabling a tender to be made, provided they have each given an undertaking at the time of

receipt of the information (and for the benefit of Council) to keep such information confidential.

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

tenderers must:

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

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

The exception stated above does not apply where the information has entered the public domain as a result of the

tenderer breaching its confidentiality obligations under the RFT.

8.15 Ownership and Copyright

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

Tenderers must not reproduce any of the RFT in any material form (including photocopying or storing it in any medium

by electronic means) without the written permission of Council other than for use strictly for the purpose of preparing

tenders. The RFT and any document at any time issued as supplemental to it are and shall remain the property of

Council and must be returned upon demand.

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

a tender to the tenderer.

Tenderers grant to Council a non-exclusive, royalty-free license to use, reproduce or adapt any information contained

in a tender for the purposes of the RFT.

9. TENDER FORM The Tender Form must be properly completed and signed and initialled by or on behalf of the tenderer as a

binding legal document. Tender form is attached in Appendix D.


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10. TENDER DOCUMENTS The tender documents referred to herein shall mean this RFT, Tender Form (Appendix D), Site Survey Plan DWG

No.129BBG (Appendix E), Review of Environmental Factors (Appendix F), Geotechnical information (Appendix G),

DPI Permit Application (Appendix H), Level 3 Bridge Inspection Report (Appendix I), pretender meeting minutes, any

addenda issued by the Principal during the tender period and any other documents issued to Tenderers by the

Principal or his/her representative.

Among the above tender documents, the following documentation is provided only for the information of the tenderers

and does not form part of the Contract Documents;

i. Site Survey Plan DWG No.129BBG

ii. Review of Environmental Factors

iii. Geotechnical information (A report prepared by Douglas Partners Pty Ltd)

iv. DPI Permit Application (the permit will be forwarded to the contractor, once that is approved by DPI)

v. Level 3 Bridge Inspection Report (prepared by Integrity Testing Pty Ltd)

vi. Pretender meeting minutes

11. REQUIREMENTS FOR TENDERS 11.1 Specified Compliance Statements

Where requested to provide a Compliance Statement, a tenderer must only indicate ‘Comply’, ‘Partially Comply’ or

‘Does Not Comply’ in accordance with the following definition given to those terms:

Compliance

Statement

Definition

Comply Fully Means:

in the case of a clause which imposes a contractual condition, that the condition is agreed to;

in the case of a clause which specifies a characteristic or performance requirement, that the proposal is to provide the requirement as specified;

in the case of a clause which is of an informative nature only, that the clause has been read understood and is agreed; or

in the case of a clause where information has been requested that the information has been provided in the required level of detail and in the required format.

Tenderers are encouraged to briefly explain how their tender delivers the required outcomes.

Failure to provide details may lead to a tender being considered less effective than other

tender where more comprehensive explanations were provided.

Comply Partially Means the condition or characteristic or performance requirement can be met by your offer,

subject to certain qualifications, which are stated in full.

An explanation must be given supporting the claim of partial compliance.

Does Not Comply Means that the contractual condition, characteristic or performance requirement of the clause

is not met by the proposal. Full details of the extent of non-compliance are to be stated.

An explanation must be given stating the reason why the requirement is deemed “Does not

Comply”.

Tenders should be clear and precise and should reference, where appropriate, the paragraph and or clause numbers

in the RFT and Proposed Contract to which each item relates.

Council is under no obligation to negotiate in relation to any provision of this RFT or the Proposed Contract if a

tenderer’s statement of compliance concerning the clause, annexure, schedule or attachment contains a response of

“Does Not Comply”.

Council will not accept responsibility for any misunderstanding arising from the failure by tenderers to conform to the

requirements of the Compliance Statement. In this regard indefinite responses such as ‘noted’ may not be accepted

on any Compliance Statement.

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

requirement.


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11.2 Content and Format Requirements

This RFT contains various Content and Format Requirements.

Council will only give further consideration to a tender where, at the time of opening, the tender meets the Minimum

Content and Format Requirements.

The Minimum Content and Format Requirements are:

a) Duly completed tender form

i) including all necessary attachments in Microsoft Word, Adobe PDF and/or Microsoft Excel file formats, if it is

sent via email

ii) including all necessary documents printed in A4 size papers except the drawings (drawings to be printed in

A3), if it is sent by post

b) tender is to be presented in the English language;

c) tenders must contain information which is clear and legible;

d) as appropriate, refer to the relevant clause numbers of this RFT; and

e) unless otherwise specified, express all measurements and currency in Australian legal units of measurement and

currency.

Council may, at its absolute discretion, exclude a tender from the evaluation process where other Content and Format

Requirements are not substantially met.

11.3 Conditions for Participation

Tenders must address the Conditions for Participation. The Conditions for Participation are mandatory requirements.

They are minimum standards that tenderers must meet in order to participate in this procurement process.

Tenderers failing to meet Conditions for Participation will be excluded from the evaluation process.

11.4 Joint Tenders

A joint tender from two or more tenderers may be considered by Council at its discretion.

A joint tender must be submitted for and on behalf of each member of the responding consortium, and must specify

the structure and membership of the consortium, the role of each consortium member in providing the requirement in

this RFT, and the extent to which each consortium member guarantees the performance of each other consortium

member’s role.

11.5 Insurance

The successful tenderer will be required to have in place prior to being awarded any contract by Council to undertake

a project insurance arrangements appropriate to provision of the requirement in this RFT, including (without limitation)

professional indemnity insurance, public liability insurance, and workers compensation insurance.

11.6 Length of tenders

Offers should be clear, concise, complete and relevant.

Supporting attachments such as sample drawings, illustrations, diagrams, brochures, pamphlets, descriptive literature,

manuals and handbooks lodged with an offer should be kept to an absolute minimum unless specifically requested. If

provided by suppliers at their discretion, this material must be identified by the suppliers and referenced to the relevant

requirements in the proposal to which the material refers.

11.7 Security, Probity, Risk and Financial Checks

Council reserves the right to perform such security or financial checks and procedures as it considers necessary in

relation to the tenderer, its officers, employees, partners, associates or related entities (including consortium members

and their officers or employees if applicable). These checks may include (without limitation) ascertaining risk

associated with each tender in relation to:

a) financial viability;


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b) corporate history;

c) significant litigation (past, present or pending);

d) past performance;

e) experience, qualifications and skills of resources; and

f) other issues of risk.

Each tenderer agrees to provide, at its cost, all reasonable assistance to Council in this regard.

11.8 Site Meeting A compulsory pre-tender briefing meeting and site inspection will be held on 22 August 2016 at 10amat Blacks Bridge,

Gambarra Road, Greenethorpe NSW 2809. The meeting will be minuted and shall form part of tender documents. The

minutes will be available to the participants. The tenderers are required to attend the meeting and sign the meeting

attendance sheet in order to submit a conforming tender.

12. TENDER LODGEMENT 12.1 RFT Closing Date and Time

Tenders must be lodged before, 2:00 PM Australian Eastern Standard Time, on the closing date specified on the front

cover of the RFT (“Closing time and date for tender”).

The judgment of Council as to the time a tender has been lodged will be final. Council may, by written notice, extend

the closing time and/or date. Where Council extends the closing time and/or date, the new closing time and/or new

date will apply equitably to all tenderers.

Lodgement of tenders by the closing time and date is entirely the tenderers’ responsibility.

12.2 Lodgement of RFT submission

Submissions, clearly endorsed “Bridge Tender T4/2016”, should be submitted to:

Tender Box

Weddin Shire Council

PO BOX 125

GRENFELL NSW 2810

Or

[email protected](add “Bridge Tender T4/2016” in the subject line of your email)

Or

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

Grenfell).

Before submitting a tender via email, tenderers must:

a) take all steps to ensure that the tender is free from anything that might reasonably affect usability or the security or

operations of Council’s computing environment; and

b) ensure that the tender does not contain macros, script or executable code of any kind unless that specific material

has previously been approved in writing by Council.

Tenderers acknowledge that although Council has implemented the security measures, Council does not warrant that

unauthorised access to information and data transmitted via the internet will not occur.

Tenderers acknowledge that:

a) lodgement of their tender on time and in accordance with these conditions of tender is entirely their responsibility;

and

b) Council will not be liable for any loss, damage, costs or expenses incurred by tenderers or any other person if, for

any reason, a tender or any other material or communication relevant to this RFT, is not received on time, is

corrupted or altered or otherwise is not received as sent, cannot be read or decrypted, or has its security or

integrity compromised.



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12.3 Late submissions

Late submission (submissions received after the closing time and the date) will not be accepted, subject to exceptions

provided in Section 177 of the Local Government (General) Regulation 2005.

12.4 Tenderers to Inform Themselves

Tenderers are required to acquaint themselves with all aspects of the RFT.

No claims that a prospective tenderer was disadvantaged by lack of information, or ability to resolve ambiguities, will

be considered.

Where prospective tenderers have made assumptions in preparing their tender, these are to be clearly defined in the

tender.

12.5 Corrections and Additions

Prior to the tender closing time and the date, should the tenderer become aware of any discrepancy, error or omission

in the tender document submitted and wish to lodge a correction or additional information, that material should be in

writing and lodged in the same manner as the tender submission and prior to the tender closing time and the date.

Council will not consider any correction or additional information submitted as part of a response, where the correction

or additional information is received after the closing time and the date.

Where Council considers that there are unintentional errors of form in a tender, Council may invite the tenderer to

correct the error or clarify its tender, but will not permit any material alteration or addition to the tender.

Should a tenderer find or reasonably believe it has found any discrepancy, error, ambiguity, inconsistency or omission

in this RFT or any other information given or made available by Council, the tenderer should promptly notify the

contact officer in writing setting out the error in sufficient detail as soon as the tender becomes aware of it so that

Council may take whatever corrective action, if any, it deems appropriate. Any actual error will be corrected by

Council by making the proper information available to all tenderers.

12.6 Probity

Council is committed to ensuring that competition for the provision of the goods/services is fair and open. For

tenderers this means that:

a) all evaluation and selection processes will be conducted in accordance with the processes set out in this RFT;

b) assessment of tenders will be conducted consistently and objectively;

c) each tenderer will have access to the same information about the RFT;

d) information provided in a tender will be secure, and all confidential information treated as such; and

e) all actual, potential or perceived conflicts of interest will be addressed.

12.7 Period of Validity

Council requires that tenders submitted in response to this RFT remain open for acceptance for a period of not less

than 90 days after the tender closing time.

12.8 Clarifications on this RFT document

Council may provide the answer to any query from a tenderer to all other tenderers without disclosing the source of

the query, including (without limitation) by publishing the answer in Council’s website and by sending emails to known

tenderers.

Without limitation, tenderers should expect that answers to queries that provide additional substantive information will

be provided to all other tenderers.

12.9 Ownership of tender

All tenders become the property of the Council once lodged. Council may copy, extract or otherwise deal with all or

any part of a tender for the purpose of conducting the RFT process.

Council reserves the right to disclose the contents of all tenders for the purpose of:


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a) conducting the RFT process; or

b) as otherwise required to any Government department, agency, authority, Minister, the Parliament or any

Parliamentary officer or committee, for the proper performance of their statutory or governmental responsibilities.

12.10 Notice of Changes to this RFT

Council may amend this RFT from time to time. Council will notify known tenderers of any amendments to this RFT via

email, and publish the relevant amendment via Council’s website through the issue of an addendum.

13. TENDER EVALUATION 13.1 Evaluation Objectives

Council will assess tenders to identify the tenders that it considers to be the most advantageous.

A comprehensive assessment of tenders takes into account both cost represented by the assessment of price and

value represented by technical worth assessment in the context of the risk profile presented by each tender.

13.2 Evaluation Governance

Council’s Special Projects Engineer will evaluate the tenders and submit the evaluation report to the Director

Engineering. He may seek clarification from, and enter into discussion with any or all the tenderers in relation to their

tender. He may seek additional information in respect of any aspect of a tender at any time.

The Special Projects Engineer is not under any obligation to take into account additional information provided by a

tenderer and will not do so where that would introduce unfairness into the evaluation process.

It is permissible for Special Projects Engineer during evaluation phases to clarify any errors of form, such as technical

omissions, ambiguities and anomalies, in a tender with the tenderer. However, this will not extend to a substantial re-

tailoring of the tender.

A short-listing process may occur in which Special Projects Engineer may, at his absolute discretion, exclude a tender

from further consideration at any stage of the RFT process if:

a) it is found not to comply with the terms and conditions of the tender process;

b) it is evaluated as not meeting or addressing an evaluation criterion;

c) it is found to be unacceptable in terms of effectiveness against the evaluation criteria;

d) it is evaluated as representing a greater than acceptable price;

e) it is found to be presenting unacceptable risk; or

f) it is evaluated as not achieving a satisfactory standard.

It is not permissible for Special Projects Engineer to negotiate with tenderers during the evaluation process.

Council will not necessarily accept any response.

All final decisions in relation to this procurement process will be made by Council having regard to the Director

Engineering’s recommendations and any other matter Council considers relevant.

All tenderers will be informed in writing of the outcome of their tender at the conclusion of the procurement process.

Unsuccessful tenderers may request in writing a statement of the reasons their tender was unsuccessful and an

opportunity to be debriefed.

The content and format of any statement or debriefing is at Council’s absolute discretion.

13.3 Opening the Tender Box

Each tender lodged with Council in response to this RFT will be initially assessed to ensure that:

a) the response has been submitted by the closing time and the date (or Council has accepted the tender as a late

response);

b) at the time of opening the tenders, the tender meets the Minimum Content and Format Requirements.


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Tenders failing to meet Minimum Content and Format Requirements will be excluded from further consideration in the

evaluation process.

13.4 Conditions for Participation Evaluation

Tenders will be assessed against the Conditions for Participation.

Tenders failing to meet these mandatory requirements will not be considered further in the evaluation process.

13.5 Compliance Evaluation

Remaining tenders will be evaluated to assess the risk associated with tenders to the following:

Compliance with the various Conditions of this RFT without limitation; Compliance with the Proposed Contract; Tenderer’s Details; and Tenderer's Declaration.

Tenders representing unacceptable levels of risk may be excluded from further consideration in the evaluation

process.

13.6 Technical Worth (Evaluation Criteria)

For each remaining tender, a quantitative (score: 1 to 10) and qualitative (comment) assessment of the tender will be

undertaken to determine the degree of effectiveness against the following weighted Evaluation Criteria:

No. Item Description Score Weighting

1 Pricing Project cost 1 to 10 60%

2 Experience Demonstrated experience in projects that were of a similar

nature and type as the Bridge Design and Construction works

that the tenderer had previously successfully completed. 1 to 10 10%

3 Capacity Available resources such as staff, sub-contractors, labour,

plant and equipment and demonstrated that the tenderers

had the capacity to complete the works 1 to 10 10%

4 Reputation Industry recognition and track records 1 to 10 10%

5 Local content Demonstrated benefits to the local community 1 to 10 10%

100%

The Special projects Engineer will undertake a gap analysis (i.e. the difference between what is offered in a tender

and what is required by Council) to determine the possible materiality of any weaknesses of a tender.

Any tender demonstrating a significant gap, which would reduce the likelihood of Council achieving the stated

objective, may be excluded from further consideration in the evaluation process.

13.7 Price Evaluation

The Council will then consider pricing details for remaining tenders and identify tenders which are cost-effective.

The Council will also identify any risks associated with tendered pricing.

Tenders which are not cost-effective may be excluded from further consideration in the evaluation process.

13.8 Risk Analysis

In developing a risk profile for a tenderer, the Special Project Engineer will undertake a risk assessment of any risk

issues identified.

In developing a risk profile for a tenderer, the Special Project Engineer may also perform such security, referee or

financial checks and procedures as considered necessary in relation to the tenderer, its officers, employees, partners,

associates or related entities (including consortium members and their officers or employees if applicable). These

checks may include (without limitation) ascertaining risk associated with each tenderer in relation to: financial viability;


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corporate history; significant litigation (past, present or pending); past performance; experience, qualifications and

skills of resources; capacity and capability to perform the services; and other issues of risk.

Any tender demonstrating unacceptable risk may be excluded from further consideration in the evaluation process.

13.9 Presentations

In developing a risk profile for a tenderer, the Special Projects Engineer may, at his absolute discretion, invite some or

all tenderers to give presentations for the purpose of demonstrating how their tenders would address the service

requirements of this RFT.


13.10 Interviews

In developing a risk profile for a tenderer, the Council may, at its absolute discretion, visit tenderer’s reference sites,

and/or visit customers of a tenderer (whether or not listed as referees), to conduct an interview for the purpose of

assessing how the tenderer would address the service requirements of this RFT.


13.11 Evaluation Recommendations

Tenders will be assessed to determine their relative ability to satisfy the overall requirement (Technical Worth) at an

acceptable level of risk (Risk Analysis).

13.12 Council’s Decision

Council’s Special Projects Engineer will evaluate the tenders based on the established evaluation criteria and submit a

report to Director Engineering. All final decisions in relation to this tender process will be made by Council having

regard to the Director Engineering’s recommendations and any other matter Council considers relevant.

13.13 Notification to successful tenderer

Council will notify a preferred tenderer(s) in writing.

13.14 Notification to unsuccessful tenderers

Council will notify any unsuccessful tenderers that their submissions were unsuccessful in writing.

C. COUNCIL’S REQUIREMENTS

14. JOB SPECIFIC REQUIRMENTS 14.1 Project Manager

The Project Manager is the Council appointed officer responsible for the management of the project. The Project

Manager fulfils the role of Superintendent’s Representation under the terms of the Contract. Special Projects Engineer

will be appointed as the project manager for this project.

14.2 Overview of Work in Contract

The Contract involves design and construction of a bridge over TyagongCreek on Gambarra Road on the same

alignment of the existing bridge located approximately 2km from Greenethorpe. A separable portion of the contract is

the demolition of the existing bridge. The new bridge shall be built along the same alignment and deck levels of the

existing bridge as shown on Site Survey Plan DWG No.129BBG (Appendix E).The new bridge is to be minimum 8 m

(two 3.5m wide lanes with 0.5m shoulders both sides– total width between inside faces of traffic barriers must not be

less than 8m) wide and 28m long. The bridge must be designed to withstand forces from water flow in Tyagong Creek.

14.3 General Description of Bridge Site

The existing bridge is a skew bridge with a 15° (approximately) skew angle. It is 28m long and 5m wide 3 span all-

timber bridge over Tyagong Creek along Gambarra Road. Creek invert is approximately 5.2m from the deck level.


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14.4 Survey Data

Survey data is attached in Appendix E in electronic format for the establishment of bridge centrelines and for the

development of contours and site levels along the waterway and around the proposed the new bridge. Tenderers are

advised to locate all public utilities in the site area for themselves. The Principal shall provide survey reference

stations at the site and all levels in undertaking the works shall be related to this benchmark.

14.5 Geotechnical Information

The geotechnical report included with the documentation has been prepared by the Principal and is attached in

Appendix G. This report shall not form part of the Contract to be entered into for the execution of the works and is

given to tenderers only in compliance with any duty to disclose relevant information. Tenderers should re-appraise all

information provided, bearing in mind their own intentions for the use of that information.

This geotechnical information is given in good faith but is not intended to be a complete and exhaustive statement of

all relevant geotechnical information. The interpretation of and conclusions drawn from the information collected are

those of the reporting consultant. It should be understood that the nature and limitations of site investigation

procedures often mean that more than one interpretation of data is possible. The drilling logs included are the

interpretation of the logging officer and Council accepts no responsibility for these accuracy or suitability for use.

Tenderers are encouraged to contact Douglas Partners Pty Ltd directly for further information regarding the

geotechnical information. The contractor shall undertake whatever additional geotechnical/site investigation necessary

to confirm design assumptions and for assurance that construction can proceed in accordance with the contractor’s

design documentation. The contractor shall review the design in the light of such additional geotechnical/site

information.

14.6 Work required under the contract

The Contract shall include, but not be limited to, the following works:

Carry out any additional geotechnical/ site investigation for demolition (separable portion), design and

construction of the new bridge

Provide design and construction documentation for the bridge. The contractor shall give required notices,

supply any additional REF and gain any approvals, licenses or permits for the works

Establish a safe worksite complete with site hut, amenities, signage, parking, traffic control on site and storage

areas. No site clearing is to be carried out without the Principal’s approval

Implement environmental protection measures including erosion and sediment control relevant to the work

being carried out

Construct any earthworks to allow for the demolition (separable portion) and the construction of the bridge

Closure and removal of the existing bridge (separable portion)

Setting out the works

Construct the new reinforced concrete bridge as per the approved design.

Erect abutment walls and wingwalls including backfilling behind both abutments

Construct approach slabs

Scour protection at the abutments

Clean up and site restoration following construction of the bridge. All machinery, huts, fittings, fuels and waste

materials will be removed from site at the Contractors cost. The site shall be left in a clean state and any

required restoration shall be done. If any work is required to restore or clean the site after the contractor has

left site Council will either require the contractor to return to site and carry out such work or carry out the work

itself at the contractors cost.

Preparation of “Works-as-Executed” Drawings

14.7 Work to be carried out by others

The following work shall be carried out by others after the bridge has been constructed:

Construction of approach roadworks Bituminous surfacing of the approaches Guard rail on the approaches to the bridge

14.8 Working area

The working area available to the Contractor during construction of the works under this Contract is within the road

reserve boundaries shown on Site Survey Plan DWG No.129BBG.


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If further clearing of the site is required, approval must be gained from the Principal

If at any time the fences in the working area are damaged the Contractor will be responsible for any cost associated

with damage restoration and or fines imposed.

All refuelling should be done within the site facility area.

14.9 Access to site

Access to site shall only be via the local road. The site is contained within the road corridor. Workers, materials and

equipment are not allowed onto adjacent properties without the relevant landowner’s and the Principal’s permission.

The Contractor shall be responsible for the maintenance of roadways required on the worksite to undertake the work

under the Contract.

The Contractor shall be responsible for the safe movement of traffic and pedestrians into and out of the working area

in accordance with RMS G10.

The Contractor will be responsible for site inductions. All workers/ people deemed necessary will be given a site

induction and have their names added to the register, if required with the Contractors WH&S Management Plan.

14.10 Possession of site

The time for giving possession of site for establishment of the Contractor’s facilities only is from the date of execution

of the Formal Instrument of Agreement.

14.11 Contractors Representative

The Contractor shall provide a Representative on the site at all times during which any activities relating to the

execution of the Works under the Contract are taking place and, if required by the Superintendent, at such other times

and at such other places at or in which any activities relating to the execution of the Works under the Contract are

taking place.

The Representative shall have a minimum of five years of proven and demonstrated bridge contract management

experience including programming of works and engagement and management of subcontractors.

14.12 Site Meeting

Weekly onsite meeting shall be scheduled between Council staff and Contractor’s site staff. The meeting will be

chaired and minuted by Director Engineering.

15. DESIGNREQUIREMENTS 15.1 General design requirements

The Contractor shall be fully responsible for all of the design process and must ensure that the Works comply with all

the requirements of the Contract and are fit for their intended use.

The bridge design shall be carried out under the supervision of and certified by a certified professional engineer

(CPEng qualifications) and who has extensive experience in bridge design.

The Principal shall not make a detailed check of the design or drawings and acceptance of the drawings by the

Principal does not absolve the Contractor from responsibility for the design or documentation.

15.2 Quality system for design

The Contractor’s design sub-consultant shall apply ISO 9001 4.4 to control the design process.

The design sub-consultant shall develop a Design Management Plan (DMP) covering all aspects of the design work

and shall provide adequate assurance to the Principal that all design work meets the quality requirements. The

Contractor shall submit the design sub-consultants DMP to the Principal. The design sub-consultant shall promptly

revise the DMP if any deficiencies are identified following the review and immediately forward a revised copy to the

Principal.

15.3 Australian Standards

All demolition shall be carried out with the requirements of AS 2601 - 1991 - The Demolition of Structures.


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All design and manufacture of bridge components shall comply with the relevant sections of AS5100 – Bridge Design

and AS4678 – Earth Retaining Structures.

Where there is a conflict between AS5100 or AS4678, then AS5100 shall take precedence.

Where there is a conflict between AS5100 or AS4678 and RMS documentation, then AS5100 and AS4678 shall take

precedence.

15.4 Design requirements and consideration

The key design parameters for the bridge include:

Minimum clear width between barriers 8m (two 3.5m wide lanes with 0.5m shoulders both sides– total width

between inside faces of traffic barriers must not be less than 8m);

Minimum length of bridge (clear waterway) 28m

2016 Traffic Volume (% heavy vehicles) 40 AADT (Both directions) (24.3% Equivalent Heavy Vehicles)

(traffic Counter fixed at Greenethorpe approach of the bridge

measured only 34 AADT including 6.5% Equivalent Heavy Vehicles

with the 6t load limit in place. The counts provided here were

measured at the start of Gambarra Road, considering possible

detour of vehicles over 6t via Wilsons Lane. The actual count must

be slightly higher than this, if we measure without any load limits in

place)

Design for submerged conditions yes;

Barrier type Thrie-beam with 1m post spacing

Skew angle Same skew angle of the existing bridge (approximately15°)

Centreline Follow the centre line of the existing bridge

Deck level Same level of the existing deck level

Deck Reinforced concrete deck

Hydraulic capacity Maintain or improve the existing hydraulic capacity

Traffic loading Capacity to take SM1600 Bridge Loading and HLP 320 Heavy load

platforms (As per Clauses 6.2 and 6.3 of AS5100.2-2004)

Design life 100 years (As per Clause 6.2 of AS5100.1-2004)

Other design considerations include:

Barriers on the approaches are not part of this Contract. Limit of Works shall be the transition from the Thrie Beam to

W-beam guardrail (transition to be included in Contract);

No footway is required on the bridge;

Approach slabs having a minimum length of 3m and thickness of 250mm are to be provided. A steel protection angle is to be provided at the embankment end of each approach slab; and

Attention shall be paid to the potential of corrosion or deterioration of inaccessible elements of the structure. The design is to ensure that any such element will perform satisfactorily over the design life of the bridge assuming that it receives no maintenance.

15.5 Design hold points

The design for the bridge shall be submitted to the Superintendent at the following stages, for review against the brief:

HOLD POINT 1

Process Held: Detailed design of the bridge.

Submission Details: Finalised design concept drawings (preliminary design) and supporting information for the bridge.

Release of Hold Point The superintendent shall consider the submitted documents and accept prior to the release of the Hold Point.

HOLD POINT 2

Process Held: Bridge construction works

Submission Details: Submission and acceptance of Detailed Design


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Release of Hold Point The superintendent shall consider the submitted documents prior to the release of the Hold Point.

Further work shall not proceed until the Superintendent has formally released these Hold Points

HOLD POINT 3

Process Held: Manufacture of any components.

Submission Details: Notification of manufacture of components to Superintendent for inspection.

Release of Hold Point The superintendent shall consider the manufactured components prior to the release of the Hold Point.

HOLD POINT 4

Process Held: Practical completion

Submission Details: A report by the Professional Engineer certifying that the bridge has been constructed and meets all the requirements of the design and the inspection and testing program


HOLD POINT 5

Process Held: Issue of final certificate

Submission Details: A report by the Professional Engineer that the maintenance procedures for the defects liability period have been carried out and that the constructed bridge meets design and specifications requirements


15.6 Design output

Two (2) paper copies of the drawings shall be submitted to the Superintendent. The Superintendent shall consider the

drawings and advise the Contractor within ten (10) working days of their receipt whether they are satisfactory or

whether additions and/or amendments are required. If the Superintendent requires that additions and/or amendments

are to be made the Contractor shall make such alterations and submit two (2) revised copies. The provisions of this

clause shall apply to such revised copies and no time extensions shall be considered due to any delays caused to the

Contractor arising from the need to submit revised drawings.

Acceptance of the drawings by the Superintendent for the purpose of the Contract shall not relieve the Contractor of

its design responsibilities and the Principal shall retain its rights of action against the Contractor for any inadequacies

in the design of the Works.

Following acceptance of the drawings the Contractor shall provide as part of the Contract:

Two (2) full size paper copies of each final “For Construction” drawing

Two (2) A3 paper copies of each “For Construction” drawing; and

One electronic copy of each final “For Construction” drawing in AutoCAD format, including any required plot

styles and linetypes

All “For Construction” drawings shall be signed by the Project Director, or equivalent, as nominated in the Contractor’s

Design Management Plan.

On completion of the Works, a set of “Works as Executed” drawings shall be prepared that record any and all

variations to the Works described in the “For Construction” drawings. One full size and one electronic copy (pdf and

dwg formats) of these “Works as Executed” drawings shall be submitted to the Principal within four (4) weeks of the

issue of the Certificate of Practical Completion.


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15.7 Design Report

A Design Report shall be prepared which shall include, but not be limited to:

Analysis and design methods used, material and load factors adopted, critical load combinations and

assumptions, resistance assumed under critical load combinations, long term serviceability bearing pressures

and the ultimate bearing pressures for foundations

Effective waterway area provided

Environmental protection measures

Method and sequence of construction

Maintenance schedule for materials and components used and

any other relevant information

The report shall be set out in such a way as to facilitate any subsequent analysis of the structure in case of any future

applied abnormal loading conditions or ground settlement.

The design report shall be submitted to the Principal/Superintendent with the final “For Construction” drawings.

16. CONSTRUCTION REQUIREMENTS 16.1 Construction Specifications

A set of Construction Specifications covering all technical aspects of the contracted works shall be compiled. These

specifications shall be used by the Contractor in carrying out the Work and by the Superintendent for supervision of

the Work.

A Construction Specification shall be supplied that is based on the model RMS QA specifications (list attached). The

design sub-consultant shall not modify the model specifications or draft additional clauses unless required to cover

any specific issues which are not addressed by the model specifications.

Two (2) copies of the Construction Specifications shall be submitted to the Superintendent with the final “For

Construction” drawings. The Superintendent shall consider the specification and advise the Contractor within ten (10)

working days of their receipt whether they are satisfactory or whether additions and/or amendments are required. If

the Superintendent requires that additions and/or amendments are to be made the Contractor shall make such

alterations and submit two (2) revised copies. The provisions of this clause shall apply to such revised copies and no

time extensions shall be considered due to any delays caused to the Contractor arising from the need to submit

revised specification.

Following acceptance of the Construction Specifications the Contractor shall provide two (2) bound copies of the final

version to the Superintendent.

If during the course of the work the Superintendent considers that additional specifications are required to adequately

specify the area of work, the Contractor shall obtain or prepare such additional Specifications or clauses and submit

them to the Superintendent for acceptance in accordance with the provision of this clause. No work which relies on

these additional specifications or clauses shall commence, whether on site or off, until these additional specifications

or clauses have been accepted by the Superintendent.

16.2 Compliance with RMS Specification Q3

The Contractor shall implement a quality system complying with RMS Specification Q3 to control the work under the

contract.

16.3 Quality records

The Superintendent may require the Contractor to submit inspection and test results as evidence that the work

complies with the Contract prior to certifying work for payment.

Quality records must be retained by the Contractor for a minimum of five (5) years after the date of issue of the Final

Certificate.

16.4 Audit, Surveillance and Testing

The Superintendent is entitled to conduct audits, surveillance and testing as the Superintendent considers appropriate

to verify that the Contractor is implementing an effective quality system. The Contractor must provide every assistance

to the Superintendent.


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Where the Superintendent is notified of nonconforming work in accordance with RMS Specification Q3 the

Superintendent may direct that a HOLD POINT shall apply prior to the rectified work being covered up or made

inaccessible.

16.5 Environmental Protection

The Contractor shall conform to the requirements of the REF document and RMS Specification G36 as well as any

relevant statutory regulations during the work.

16.6 Construction of road approaches

After completion of all deck spans, the Superintendent will arrange and carry out widening and/or reconstruction of

road approaches, if required, before the Contractor constructs the bridge approach slabs and installs abutment

protection measures.

16.7 Use of structures by construction plant

Heavy construction plant (gross weight over 6tonnes) shall not stand on the existing bridge decks or travel or stand on

the new bridge decks without the prior approval of the Superintendent.

Construction plant shall not have access to the bridge deck until all concrete has achieved the specified minimum 28

day strength.

If the Contractor intends to travel construction plant on bridges the Contractor shall submit calculations in accordance

with Clause 13 of RMS G2.

In the event of approval being given, a smooth, evenly graded ramp at least 20m in length or at a grade approved by

the Principal, shall be constructed and maintained by the Contractor on each approach to the structure. The

Contractor shall protect the bridge expansion joints from damage by construction plant. The ramp and bridge

expansion joint protection details shall be included with the calculations submitted in accordance with Clause 13 of

RMS G2.

Following completion of the use of the bridges by construction plant the Contractor shall remove the temporary ramps

and expansion joint protection and clean the bridge.

Payment for the preparation and certification of calculations, construction and maintenance of ramps, protection of

expansion joints, removal of temporary measures and cleaning the bridge shall be deemed to be included in the rates

generally.

16.8 Deck requirements

When a Contractor proposes a precast concrete plank or girder super structure, allowance shall be made for a deck of

cast in-situ concrete.

The Contractor shall ensure that the bridge structure is suitably rigid to prevent cracks and/ or deformation of the deck

during the life of the bridge.

16.9 Abutment protection

The Contractor shall allow for the installation of abutment protection under the structure and to a width of 2m either

side of the bridge.

Abutment protection shall be of a design to minimise the amount of material to be removed from the existing bridge

approaches. Pre-cast headwall type should not be used.

16.10 Materials supplied by the principal

No materials shall be supplied by the Principal.

16.11 Delays due to wet weather and flooding

Notwithstanding anything to the contrary in the Contract, all costs arising from delays to the completion of the Works

due to wet weather and its consequences shall be borne by the Contractor.

The Contractor shall make every endeavour to reschedule construction activities to minimise all wet weather or

flooding delays to the Works over the contract period. The Superintendent shall be entitled to take into account the

Contractor’s endeavours to mitigate such delays when assessing claims against extensions of time.

Should the Superintendent direct a suspension of the whole or any part of the Works during prolonged flooding

delays, the time of such suspension shall not qualify as “Excessive wet weather delay”. Entitlement to payment in

such circumstances shall be determined by the Superintendent.


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16.12 Work Health and Safety

The Contractor shall prepare and implement a Project Work Health and Safety Management Plan in accordance with

RMS Specification G22.In addition to meeting the normal statutory Work Health and Safety (WH&S) requirements, the

Contractor is also required to comply with the provisions of Council’s WH&S Policy and WH&S Management Plan.

Copies of the WH&S Policy and WH&S Management Plan will be provided to the contractor.

16.13 RMS Documentation

The specifications used in this Contract are RMS specifications. In this Contract, the Principal is Weddin Shire

Council. In all cases where the Contract requires information and/or reports to be provided, HOLD POINTS released,

compliance with systems and/or procedures, approval to be sought, or where the meaning indicates that reference is

being made to the Principal the words “Weddin Shire Council” shall be substituted for “RMS”.

16.14 RMS Documents to be included in the construction specification

The following list of RMS documents shall be included in the Contract documents and specifications and

documentation as a minimum. Note that these documents relate to the latest revision prior to the date of close of

tenders for the Contract.

Q3 - Quality Management System (Type 3)

G2-C2 - General Requirement (Major Contracts)

G10 - Control of Traffic

G22 - Work Health and Safety

G36- Environmental Protection

G38- Soil and Water Management Plan (Soil and Water Management Plan)

G71 - Construction Surveys

B30 - Excavation and Backfill for Bridgeworks

B50 - Driven Reinforced Concrete Piles

B59 - Bored Cast-in-Place Reinforced Concrete Piles (without permanent casing)

B80 - Concrete Work for Bridges

B82 - Shotcrete Work

B110 - Supply of Pretensioned Precast Concrete Members

B115 - Precast Concrete Members (not Pretensioned)

B150 - Erection of Pretensioned Precast Concrete Members

B153 - Erection of Precast Concrete Members (not Pretensioned)

B204 - Welding of Bridges and Other Road Structures

B220 - Protective Treatment of Steelwork

B240 - Supply of Bolts, Nuts, Screws and Washers

B241 - Manufacture and Supply of Minor Steel Items

B264 - Erection of Barrier Railings and Minor Components

B280 - Unreinforced Elastomeric Bearing Pads and Strips

B284 - Installation of bridge bearings

B312 - Cold Applied Elastomeric Joint Sealants

B315 - Elastomeric Strip Seal Expansion Joints

B341 - Demolition of Existing Structure

16.15 Amendments to RMS standard documentation

The RMS Specification included in this contract are copyright documents with limited use rights. Project specific

changes have not been made in the manner identified at the beginning of these documents. The RMS Specifications

have been amended as follows:

Specification G22: a) Annexure G22/A, No specific occupational health and safety issues have been identified

Specification G36: a) Annexure G36/A1, Clause 3.1, In Lines (a) Delete “No” (b) Delete “Yes” and Delete line (c) b) Annexure G36/A1, Clause 3.2.1, Delete “Yes” c) Annexure G36/A1, Clause 3.7.1, Delete “Yes” d) Annexure G36/A1, Clause 4.5, Delete “Yes” e) Annexure G36/A2 Clause 4.2.2, replace “Yes/No” with “Yes” f) Annexure G36/A2, Clauses 4.4,4.6, 4.7, 4.8, 4.9, 4.10 and 4.11 replace “Yes/No” with “Yes”


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16.16 Works as executed drawings

The Contractor shall progressively prepare and, no later than 4 weeks after the date of Practical Completion, supply

the Superintendent with fully marked-up and certified Work-as-Executed Drawings for the whole of the Contract.

Prints of the latest revisions of the Drawings will be supplied by the Principal at no cost to the Contractor for this

purpose. The progressively prepared Work-as-Executed Drawings shall be updated each month and be made

available for inspection by the Superintendent

Work-as-Executed Drawings for Bridgeworks shall show in red ink all changes to the Drawings including variations to

levels, dimensions, concrete, reinforcement, other materials and all non-conformances accepted without rectification.

The Drawings shall be stamped and certified by the Contractor as being a true record of the work constructed.

The cost of maintaining the Work-as-Executed records and progressively preparing the Work-as-Executed Drawings

shall be deemed to be included in the rates and prices generally in the Contract.

16.17 Working Environment

16.17.1 Hours of Work

Work must be carried out during Monday to Saturday between the hours of 7.00am and 6.00pm, but excluding public

holidays. Subject to application by the Contractor, Council may consider the extension of normal work hours. The

following conditions will apply should approval be granted to extend normal working hours:

1. No power generating plant shall be used outside the normal working hours.

2. Extended work hours shall be within the hours of 7am to 8pm Monday to Saturday and 8am to 5pm Sunday.

3. Council shall not be liable for any additional costs incurred by the Contractor while working outside the normal

hours, including standby or overtime.

5. Council reserves the right to limit this approval at no cost to Council.

16.17.2 Site

The contractor is responsible for the location and protection of all services both underground and above ground. As all

of the sites are in residential areas, any waste materials are to be promptly removed from sites and the sites are to be

maintained in a tidy manner. Unwanted materials may be transported to the Grenfell Waste Depot located at

Gooloogong Road (Fees will apply as per Council’s Operational Plan 2016/17. Council will indicate the location where

the waste material shall be deposited).

16.17.3Water

The contractor shall be responsible for the supply and installation of all equipment, fittings and fixtures necessary to

secure the supply of water.

16.17.4Light and Power

The contractor shall install at his own expense any temporary electric light and power installations required, all in

accordance with the requirements of Essential Energy and pay all charges incurred.

All lighting systems in underground workings shall be operated as 32 volt maximum systems and shall be constructed

using weatherproof fluorescent type luminaries.

Should the generating plant be required by the contractor for emergency supply of electric power such equipment

shall be supplied, operated and maintained by the contractor at his own cost.

D. RFT SUBMISSION SCHEDULE

17. TENDER SUBMISSION SCHEDULE Tenderers shall use Council’s tender form to complete 17.1, 17.2, 17.3, 17.4, 17.5, 18 and 19. Documents 17.6, 17.7,

17.8, 17.9 and 17.10 are to be attached with tender submission documentation.

ITEM NO

ITEM TO BE SUBMITTED WITH TENDER?

TO SUBMITTED TEN (10) WORKING DAYS PRIOR TO COMMENCEMENT OF THE SITE WORKS?


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17.1 Executive Summary Yes -

17.2 Tenderer’s Details Yes -

17.3 Compliance and Conditions for Participation Yes -

17.4 Construction Methodology Yes -

17.5 Workforce Yes -

17.6 Project Quality Plan Draft Final

17.7 Works Programme Draft Final

17.8 Site Safety Management Plan Sample Project Specific

17.9 Contractor’s Environmental Management Plan (including Erosion and Sediment Control Plan)

Sample Project Specific

17.10 Traffic Control Plan Sample Project Specific

18 Local content Yes -

19 Pricing Yes -

20 Further Information Yes -

17.1 Executive Summary

17.1.1 Tenderers are invited to summarise their tender in this section. Please highlight any unique or special

initiatives or practices of your company, and any other special features of your response (maximum 750

words).

17.2 Tenderer’s Details

Tenderers are required to provide the following details of their organisations:

17.2.1 contact's name and position within the organisation. 17.2.2 business entity type - an individual (sole trader), a body corporate (a company), a corporation sole (an

ongoing paid office, for example a bishopric), a body politic, a partnership, an unincorporated association or body of persons, a trust, or a superannuation fund.

17.2.3 particulars of any material claim or judgment against the tenderer 17.2.4 identify whether your tender is to be considered by Council as part of a consortium proposal 17.2.5 if your tender is part of a consortium proposal, please identify the prime consortium tenderer 17.2.6 if your tender is part of a consortium proposal, please identify all other consortium parties 17.2.7 details of proposed subcontractor(s), and/or subcontractors you regularly use including the names of

subcontractor(s) and details of goods and/or services to be provided by the proposed subcontractor(s). 17.2.8 tenderers are to specify any assumptions they have made that are critical to the tender, including assumptions

relating to the ability to provide services in the manner specified in this RFT 17.2.9 identify any aspects of your tender you consider should be kept confidential, and detail reasons why the

information should be considered confidential 17.2.10 detail any conflicts of interest that may occur if selected to provide the services 17.2.11 describe your procedures for identifying and resolving conflicts of interest 17.2.12 details of your Professional Indemnity insurance, including the insurer, any limits or per claim or aggregate

basis and expiry date 17.2.13 details of your Public Liability insurance, including the insurer, any limits or per claim or aggregate basis and

expiry date. (Any contract that will be signed by Council needs to have $20 million of cover) 17.2.14 details of your Workers Compensation cover 17.2.15 a list of similar recently completed works 17.2.16 details of three referees on previous works carried out: Name, position, telephone, facsimile, email and type of

service provided

17.3 Compliance and Conditions for Participation

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

17.3.2 The tenderer warrants that it has not, within 5 years prior to submitting this tender, been found guilty of

breaching any Act or Regulation. Alternatively, where a tenderer has been found guilty of breaching any Act or

Regulation, the details related to that matter are provided. Such Acts include, without limitation: Workplace

Relations Act 1996 (Cth), Industrial Relations Act 1996 (NSW), Work Health & Safety Act 2011 (NSW),

Workplace Injury Management & Workers Compensation Act 1998 (NSW), Protection of the Environment

Operations Act 1997 (NSW), Equal Opportunity for Women in the Workplace Act 1999, Disability

Discrimination Act 1992 (Cth), Human Rights (Sexual Conduct) Act 1994 (Cth), Racial Discrimination Act 1975

(Cth), Sex Discrimination Act 1984 (Cth), Age Discrimination Act 2004 (Cth), Anti-Discrimination Act 1977

(NSW) and the Disability Services Act 1986 (Cth).


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17.3.3 Tenderers are to indicate their compliance for each clause of this request for tender including Council's

Requirements at Section 10. If appropriate, compliance may be indicated against groups of clauses, e.g.

'clauses 7 to 9 inclusive', or 'all' or for example 'Does Not Comply to Clause 8'.

17.3.4 Tenderers are advised the Council’s preference is to execute a contract without changes to the terms and

conditions therein other than the schedules which are currently blank. Compliance may be indicated against

groups of clauses, e.g. 'clauses 11.1 - 11.7 inclusive', or 'all'.

17.4 Construction Methodology

17.4.1 Tenderer shall submit a concept layout plan consisting of a maximum of two A3 sheets. The plan shall include

the following; proposed foundation system, proposed bridge structure including headstock, girder/plank, deck,

safety barrier system and abutment protection system.

17.4.2 Tenderers shall state in their tender, the anticipated in-situ life of the proposed components, the period over

which they are prepared to guarantee the components of the bridge, the conditions under which such a

guarantee would apply and the form it would take.

17.4.3 Tenderers are to provide detailed method statements for the project works, including the following

considerations:-

- any particular future requirements for the inspection and maintenance of the bridge; - key factors which will reduce the service life of the bridge components.

17.4.4 Tenderers to nominate the major plant and equipment proposed for use under this project:- demolition, piling, construction of piers, construction of abutments, installation of head stocks, installation of girders/planks, installation of deck and approach slab works

17.5 Workforce

17.5.1 Tenderers are to nominate personnel proposed to complete this contract for the following functions, outline

their position in the organisation and their experience: - Contract and/or Project Management, Design, Quality

assurance, Work, health and safety, Work site management

17.5.2 Tenderers are to outline their capacity to manage the delivery of services under this contract to ensure

delivery within the specified time frames

17.5.3 Tenderers are to describe their organisation's training requirements, identifying programmes by the role of the

person or subcontractor in the project

17.5.4 Tenderers are to identify the name and address of any subcontractor proposed to complete Contract works,

and the nature of the work proposed to be completed by the subcontractor

17.5.5 Tenderers are requested to provide any further information that may assist in the evaluation of their response

17.6 Project Quality Plan

A draft project quality plan is to be prepared as per RMS Quality Management System (Type 3) submitted the tender

detailing the course of the works. The final project quality plan is to be submitted 10 working days prior to

commencement of site works. This should identify when residents are to be notified of the impending works

17.7 Works Programme

A draft Works Program is to be submitted with the tender detailing the course of the works. The final works

programme is to be submitted 10 working days prior to commencement of site works. This should identify when

residents are to be notified of the impending works.

17.8 Site Safety Management Plan

This Site Safety Management Plan shall be in a format that complies with current WH&S regulations and shall cover

all aspects of the bridge demolition and construction works and gives adequate consideration to dangers to the

general public. Safe Work Method Statements and Procedures shall be detailed in the Site Safety Management Plan.

A sample site safety management plan is to be submitted with the tender. The project specific site safety management

plan is to be submitted 10 working days prior to commencement of site works.

17.9 Contractor’s Environmental Management Plan (CEMP)

This plan shall set out how the contractor shall protect the environment from potential contamination by the proposed

works, what safeguards will be applied and over what period. A sample environmental management plan is be


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submitted with the tender. The project specific environmental management plan is to be submitted 10 working days

prior to commencement of site works.

The CEMP should consist of simple statements and diagrams of how each of the following factors will be managed on

site to protect the environment:

Site delineation and marking of ‘no go’ areas (with the aim of keeping the impacted area to a minimum)

Erosion and sediment control (with the aim of achieving an outcome of ‘no visible turbid plumes reaching the

waterway’, for any rainfall event up to a 1 in 2 year ARI event) - an Erosion and sediment control plan to be

included in CEMP and this plan must comply with “Blue Book” (Soils and Construction - Managing Urban

Stormwater, LANDCOM, 1st Ed 2004)

Material storage and stockpiling (with the aim of keeping the impacted area to a minimum)

Site restoration and clean up (with the aim of ensuring that the impacted area recovers as soon as possible)

Site rehabilitation and revegetation (with the aim of ensuring that there are no long-term impacts after works

are completed).

17.10 Traffic Control Plan

Traffic Control Plan, prepared in accordance with the RMS Traffic Control at Worksites Manual, must be prepared. It

shall include the movements of materials into and out of the sites and detail arrangements during the works. A sample

traffic control plan is to be submitted with the tender. The project specific traffic control plan is to be submitted 10

working days prior to commencement of site works.

18. LOCAL CONTENT The tenderers are required to demonstrate the benefits to the local community by engaging them for carrying out the

contract works.

19. PRICING 19.1 Schedule of quoted Rates

The schedule of quoted rates and the declaration must be filled out and submitted with the tender. Payment shall be

made for all activities associated with completing the work detailed in this RFT in accordance with pay Items set out in

the schedule of quoted rates.

Progress Claims can be made on the last day of every month.

Schedule of quoted rates

ITEM DESCRIPTION QUANTITY UNIT RATE AMOUNT ($)

A DESIGN AND CONSTRUCITION

1 Additional Geotechnical/Site Investigation, if any 1 Item

2 Preliminary Design 1 Item

3 Site Establishment including site hut, amenities,

signage, parking, storage areas, fencing, service

relocation if any, Project Quality Plan, Site Safety

management Plan, Traffic Control Plan, Contractor’s

Environmental Management Plan and Works

Programme.

1

Item

4 Final Design (Detailed Design and Design Report) 1 Item

5 Traffic Management 1 Item

6 Environmental Management (includes erosion and sediment control)

1 Item

7 Foundations (piles, footings) Each

8 Bridge Abutments (Abutment walls and wingwalls) Each

9 Bridge Piers each

10 Headstocks Item

11 Planks and/or cross girders (includes bearing plates and bearings)

Each or m

12 Deck (includes deck and joints) m2


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13

Approach slabs (includes all trimming and preparation to provide a level base, plus construction of concrete approach slabs)

2 Each

14 Abutment protection (includes all earthworks around the abutments, trimming and preparation to provide even batter slopes and erosion control)

2 Each

15 Safety barriers (thrie beams) (both sides) m

16 Disestablishment 1 Item

17 All other items (please specify any additional rates for circumstances outside of the general scope of the contract)

SUB TOTAL FOR ITEM A(excluding GST) $

B DEMOLITION (SEPARABLE PORTION)

18 Closure and removal of existing timber bridge 1 Item

SUB TOTAL FOR ITEM B (excluding GST) $

GRAND TOTAL (excluding GST)

Add: GST (10%)

GRAND TOTAL (including GST) $

Name of the business: …………………………………………………………………………………………...

Address: …………………………………………………………………………………………………………...

………………………………………………………………………………………………………...………………………………

A.B.N. of tenderer: …………………………………………………………………………………………….…

ITEM A) Lump sum price for DESIGN AND CONSTRUCTION ………………………………………………………

dollars and ……………………………………………………… cents ($ …………………………………….).

ITEM B) Lump sum price for DEMOLITION ……………………………………………………… dollars and

……………………………………………………… cents ($ …………………………………….).

Addenda received and taken into account;

Addendum no. Date

…………………………………………………………….. …………………………………………………

…………………………………………………………….. …………………………………………………

I/We, the undersigned, submit the above Schedule of Quoted Rates as part of the tender and confirm thatthe above

quoted amounts will remain valid for 90 days from the advertised date of the closing of tenders.

There will be no additional amounts to be paid except where there are any works done outside the general scope of

the works.

Signature of the tenderer: ………………………………………………………………………………….……

Position within the company: ……………………………………………………………………………………

Date: ……………………………………

Signature of the witness:…………………………………………………………………………..…………...

Name of the witness: …………………………………………………………………………………………….

Date: ……………………………………

19.2 Liquidated damages

The rate for liquidated damages (item 24 of AS4000-1997 Part A) is initially set at $2000 per week excluding GST.

Tenderers are to indicate the acceptability of this value by providing their offered value of liquidated damages in the

event of a delay in Practical Completion under Clause 34.7 of AS4000-1997.


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19.3 Additional information

Tenderers are to provide any additional information relating to the pricing.

20. FURTHER INFORMATION Tenderers are requested to provide any further information that may assist in the tender evaluation.

E. CONTRACT

21. CONTRACT DOCUMENTS No tender shall be deemed to have been accepted until the successful Tenderer has received a letter of acceptance

of the tender from the Principal. On acceptance of the tender the Contractor and the Principal shall execute a formal

instrument of agreement (see Appendix C) with the following contract documents as required by the General

Conditions of Contact AS4902-2000.

The Contract Documents for this project are;

(a) General Conditions of Contract for Design and Construct (AS 4902-2000) with the Annexures Part A, Part A –

Separable Portions, Part B, Part C, Part D and Part E. (General Conditions of Contract for Design and

Construct (AS 4902-2000) is not included in this RFT. Copies are available from Standards Australia)

(b) Request For Tender and any addenda issued by Principal during the tender period

(c) The Contractor’s tender submission documents including, but not limited to, completed tender form, plans and

drawings

(d) Council’s resolution (No. ………………………………………………………………………)

(e) Requisition Order (No………………….) dated ……………………………………………….

(f) the Principal’s notice of acceptance dated ………………………………………….

The following documentation is provided for the information of the tenderers and does not form part of the Contract

Documents;

i. REF

ii. DPI Permit Application (the permit will be forwarded to the contractor, once that is approved by DPI)

iii. Geotechnical Report by Douglas Partners Pty Ltd

iv. Bridge Level 3 inspection report by Integrity Testing Pty Ltd

v. Site Survey Plan Dwg No.129BBG


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F. APPENDICES

APPENDIX A: LOCATION PLAN

APPENDIX B: ANNEXURES TO THE AUSTRALIAN STANDARD AS 4902-2000 GENERAL

CONDITIONS OF CONTRACT FOR DESIGN AND CONTRACT AS 4902-2000 is deemed to be included in the contract documents. Copies are available from Standards Australia.

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, is to be attached to the General Conditions of Contract and shall be read as part of

the Contract.

Item

1 Principal WEDDIN SHIRE COUNCIL

ABN: 73 819 323 291

2 Principal’s address PO Box 125

GRENFELL NSW 2810

Phone: 02 6343 1212 Fax: 02 6343 1203

Email: [email protected]

Principal’s Representative: Weddin Shire Council’s

Director Engineering

3 Contractor(clause 1) ………………………………………………………………………………..

Blacks Bridge

Tyagong Creek

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27 | P a g e 4 0

………………………………………………………………………………..

…………………………………………………………………………….....

4 Contractor’s address ………………………………………………………………………………..

………………………………………………………………………………..

………………………………………………………………………………..

ABN: ….……………………………………………………………………

5 Superintendent(clause 1) Weddin Shire Council’s Director Engineering

Phone: 02 6343 1212 Fax: 02 6343 1203

Superintendent’s Representative: Special Projects Engineer

6 Superintendent’s address PO Box 125

GRENFELL NSW 2810

7 Period of time for practical completion Twenty (20) weeks from Date of Acceptance of

(Clause 1) Tender

8 Governing law (page 5, clause 1(h)) New South Wales

9 (a) Currency Australian Dollar

(page 5, clause 1(g))

(b)Place of payments Camp Street

(page 5, clause 1(g)) GRENFELL NSW 2810

(c) Place of Business of Bank Westpac - Cowra

(page 4, clause 1(d))

10 The Principal’s project requirements are 1. Request for Tender

described in the following documents.

(page 3, clause 1)

11 Preliminary Design (page 3, clause 1) a) A preliminary design is not included

12. Quantities in schedule of rates, Not applicable

limits of accuracy(Clause 2.5(b))

13. Provisional sum, percentage for profit and As assessed by the Superintendent

attendance(clause 3)

14 Contractor’s security

(a)Form(clause 5) Retention of money


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(b)Amount or maximum percentage of 5% of contract sum

contract sum(clause 5)

(c)If retention moneys, percentage of each 5% until the limit in item 14(b)

progress certificate (clause 5 and

subclause 37.2)

(d) Time for provision (except for retention

moneys) Within 28 days after date of acceptance of tender

(e)Additional security for unfixed plant and Nil

materials(subclauses 5.4 and 37.3)

(f)Contractor’s security upon certificate of 50% of Amount Held

practical completion is reduced by

(subclause 5.4)

15 Principal’s security

(a)Form(clause 5) Not applicable

(b)Amount or maximum percentage of Not applicable


(c)If retention moneys, percentage of each Not applicable


subclause 37.2)

(d) Time for provision Not applicable

(e)Additional security for unfixed plant and Not applicable


(f)Principal’s security upon certificate of Not applicable


(subclause 5.4)

16 Principal-supplied documents Document No. of copies

(subclause 8.2) 1. Tender Documents 1

17 Documents, number of copies, and the

times or stages at which they are to be

supplied by the Contractor (subclause 8.3)

Document No. of copies Time/ Stage

1. Approved Final “for Construction” drawings Hard copy + 1 Within four (4) weeks

electronic copy of date of acceptance of tender

2. Design Report Hard copy + 1 Within four (4) weeks


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electronic copy of date of acceptance of

tender

3. As Constructed drawings Hard copy + 1 Within four (4) weeks

electronic copy of the issue of the certificate of

practical completion

4. Contractor’s Project Quality Plan, Hard copy + 1 10 days before commencement of

Environmental Management, electronic copy site works

Plan, Site Safety Management Plan, Traffic,

Control Plan, Works Programme

18 Time for Superintendent’s direction about 14 days documents(subclause 8.3)

19 Subcontract work requiring approval All Subcontract Work

(subclause 9.2)

20 Novation (subclause 9.4) Not applicable

21 Intellectual property rights granted to the Alternative 1

principal, the Alternative applying

(subclause 10.2)

22 Legislative requirements

(a) Those excepted(subclause 11.1) No legislation excepted

(b) Identified WUC(subclause 11.2(a)(iii)) Not applicable

23 Insurance ofthe Works (clause 16A)

(a) Alternative applying Alternative 1

If Alternative 1 applies

(b) Provision for demolition and removal of debris Nil

(c)Provision for consultant’s fees and Nil

(d) Value of materials or things to be supplied by the Principal Nil

(e) Additional amount or percentage Nil

24 Professional indemnity insurance(clause 16B and subclause 9.2(d))

(a) Levels of cover of Contractor’s professional indemnity insurance $5,000,000

(b)Period of which Contractor’s professional indemnity insurance

shall be maintained after issue of final certificate 7 years

(c) Categories of consultants and levels of cover of consultants’ Coverage of $5,000,000

professional indemnity for all categories of

consultants.

(d)Period for which each consultant’s professional indemnity

insurance shall be maintained after issue of the final certificate. 7 Years

25 Public liability insurance(clause 17)

(a) Alternative applying Alternative 1


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If Alternative 1 applies

(b) Amount per occurrence shall be not less than $20,000,000

26 (a)Time for giving access(subclause 24.1) Date of execution of the Formal

Instrument of Agreement.

(b)Time for giving possession(subclause 24.1) Date of execution of the Formal

Instrument of Agreement.

27 The information, materials, documents or instructions and Date of Acceptance of

the times by, or periods within which they are to be given to tender

theContractor(clause 32)

28 Qualifying cause of delay. Cause of delay for which EOTs will Not applicable

not be granted(page 3, paragraph (b)(iii) of clause 1 and

subclause 34.3)

29 Liquidated damages, rate(subclause 34.7) Two Thousand dollars

($2,000) per week or part

Thereof

30 Bonus for early practical completion (Clause 34.8) Not applicable

31 Other compensablecauses (page 1, paragraph (b) of clause 1

andsubclause 34.9) Nil

32 Defects liability period (Clause 35) Twelve (12) months from

Date of Practical

Completion

33 Progress Claims (subclause 37.1) By the fourteenth (14th) day

a) Times for progress claims of each month for WUC done to the

last day of the previous month

34 Unfixed plant and materials for which payment

claims may be made(subclause 37.3) Nil

35 Interest rate on overdue payments(subclause 37.5) 15% per annum

36 a)Time for Principal to rectify inadequate access

(subclause 39.7 (a) (iii)) Fourteen (14) days

b) Time for Principal to rectify inadequate possession (subclause 39.7 (a) (iv)) Fourteen (14) days

37 Arbitration and Expert Determination:

(subclause 42.3)

(a) Person to nominate an arbitrator Chairperson for the time being of

the Chapter of the Institute of

Arbitrators &

Mediators Australia in New South Wales


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(b) Rules for arbitration: Rules 5-18 of the Rules of The

Institute of Arbitrators &

Mediators Australia for the

Conduct of Commercial

Arbitrations

(c)Appointing Authority under UNCITRAL Arbitration Rules: President of the Institute of

Arbitrators & Mediators Australia

PART A – SEPARABLE PORTIONS

This section should be completed by only if the Contract provides for separable portions.

Complete separate pages for each separable portion, which should be numbered appropriately. Any balance of the

Works should also be a separable portion.

SEPARABLE PORTION No.A

(clause 1)

Description of separable portion DESIGN AND CONSTRUCTION OF

(clause 1) THE REPLACEMENT BRIDGE

7 Period of time for practical completion Twenty (20) weeks from Date of

(Clause 1) Acceptance ofTender







subclause 37.2)


moneys) Within 28 days after date of

acceptance of tender





(subclause 5.4)




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subclause 37.2)






(subclause 5.4)



Thereof


31 Other compensable causes (page 1, paragraph (b) of clause 1

andsubclause 34.9) Nil

SEPARABLE PORTION No.B

(clause 1)

Description of separable portion DEMOLITION OF THE EXISTING

(clause 1) TIMBER BRIDGE

7 Period of time for practical completion Three (3) weeks from Date of

(Clause 1) Acceptance of Tender







subclause 37.2)


moneys) Within 28 days after date of

acceptance of tender




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(subclause 5.4)







subclause 37.2)






(subclause 5.4)



Thereof


31 Other compensable causes (page 1, paragraph (b) of clause 1

and subclause 34.9) Nil

PART B

This form may also be used where the Principal’s required to provide an unconditional undertaking, by substituting

Principal for Contractor and vice versa, whenever occurring.

Approved form of unconditional undertaking (clause 1 – security)

At the request of ………………………………………………………………………………………………………………………………………………………….

ACN …………………………………………………………………. ABN ………………………………………………………………. (the Contractor) and

in consideration of ……………………………………………………………………………………………………………………………………………………….

ACN …………………………………………………………………. ABN ………………………………………………………………. (the Principal)

accepting this undertaking in respect of the Contractor for ………………………………………………………………………………………….

……………………………………………………………………………………. (the Project) ………………………………………………………………………….

……………………………………………………………………………………………………………………………………………………………………………………..

ACN …………………………………………………….. ABN ………………………………………………………………. (the Financial Institution)

Unconditionally undertakes to pay on demand any sums which may from time to time be demanded by the Principal


34 | P a g e 4 0

to a maximum aggregate sum of ………………………………………………………………………………………………………………………………….

………………………………………………………………………………………………………….($........................................................................)

The undertaking is to continue until notification has been received from the Principal that the sum is no longer

required by the Principal or until this undertaking is returned to the Financial Institution or until payment to the

Principal by the Financial Institution of the whole of the sum or such part as the Principal may require.

Should the Financial Institution be notified in writing, purporting to be signed by ……………………………………………………

......................................................................................................... for and on behalf of the Principal that the Principal

desires payment to be made of the whole or any part or parts of the sum, it is unconditionally agreed that the

Financial Institution will make the payment or payments to the Principal forthwith without reference to the

Contractor and notwithstanding any notice given by the Contractor not to pay same.

Provided always that the Financial Institution may at any time without being required so to do pay the Principal the

sum of …………………………………………………………………………………………………………………………………………………………………………

less any amount or amounts it may previously have paid under this undertaking or such lesser sum as may be

required and specified by the Principal and thereupon the liability of the Financial Institution hereunder shall

immediately cease.

Dates at ………………………………………………………… this ………………………………………………… day of ……………………………… 2016

PART C

Deed of Novation

Not required

PART D

Deed of Novation

Not required

PART E

Deletions, amendments and additions to AS 4902-2000

1. The following clauses have been deleted from AS 4902-2000.

No clauses have been deleted from the General Conditions in AS4902-2000

2. The following clauses have been amended and differ from corresponding clauses in AS4902-2000.

No clauses of AS 4902-2000 have been amended.

3. The following clauses have been added to AS4902-2000:

CLAUSE 44. WORK HEALTH AND SAFETY (W H & S)

44.1 The Contractor shall:

a) Comply with all requirements of the Contract and all statutory requirements for Work Health and Safety.

b) Ensure that each of its Subcontractors and Consultants comply in like manner.

c) Demonstrate to the Principal whenever requested that requirements of the Contract and statutory

requirements for Work Health and Safety are being met.


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d) Prior to the commencement of work, provide the Principal with certification that safety requirements of

the Contract and statutory requirements for Work Health and Safety are capable of being met.

e) If the period of the contract exceeds three months the Contractor is to provide the Principal with a

monthly certification that requirements of the Contract and statutory requirements for Work Health and

Safety are being met.

44.2 Where inappropriate or inadequate provision of Work Health and Safety Management by the Contractor or

Contractor’s Subcontractor results in costs, losses or damages incurred by the Principal or claims by third

parties against the Principal for either direct or consequential costs, losses or damages, the Contractor shall

be liable for costs, losses or damages associated with any claim including but not limited to administration

costs incurred by the Principal in resolving such claim.

CLAUSE 45. ENVIRONMENTAL SYSTEMS PLANNING

45.1 The Contractor shall:

a) Comply with all requirements of the Contract and statutory requirements for protection of the

environment.

b) Ensure that each of its Subcontractors and Consultants comply in like manner.

c) Demonstrate to the Principal by mutual inspection and/or documentation whenever requested that

requirements of the Contract and statutory requirements for the protection of the environment are being

met.

d) Prior to the commencement of work, provide the Principal with certification that the requirements of the

Contract and statutory requirements for the protection of the environment are capable of being met by

the Contractors’ organisation and management.

e) If the period of the contract exceeds three months the Contractor is to provide the Principal with a

monthly certification that the requirements of the Contract and statutory requirements for protecting the

environment are being met.

f) The Contractor is responsible for and must at its own cost make good any damage to the environment

caused by the execution of the works.

45.2 Where inappropriate or inadequate provision of environmental management by the Contractor or

Contractor’s Subcontractor results in costs, losses or damages incurred by the Principal or claims by third

parties against the Principal for either direct or consequential costs, losses or damages, the Contractor shall

be liable for costs, losses or damages associated with any claim including but not limited to administration

costs incurred by the Principal in resolving such claim.

CLAUSE 46.HOURS OF WORK

46.1 The hours of work under the Contract will be limited to:

7:00 am to 6:00 pm Mondays to Fridays

7:00 am to 6:00 pm Saturdays

No Work Sundays or Public Holidays


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46.2 Work may be allowed outside these hours with the prior approval of the Superintendent. If, in the interests

of the safety or to protect life or property the Contractor finds it necessary to carry out, without the prior

approval of the Superintendent, work outside the defined hours of work, the Contractor shall inform the

Superintendent in writing of the circumstances within 24 hours.

CLAUSE 47.ACCESS TO INFORMATION (GIPA Act, s.121)

47.1 The Contractor must, within seven (7) days of receiving a written request by Council, provide Council with

immediate access to the following information contained in records held by the Contractor:

a) information that relates directly to the performance of the services provided to Council by the Contractor

pursuant to the Contract;

b) information collected by the Contractor from members of the public to whom it provides, or offers to

provide, the services pursuant to the Contract; and

c) information received by the Contractor from Council to enable it to provide the services pursuant to the

Contract.

47.2 For the purposes of sub-clause 47.1, information does not include:

a) information that discloses or would tend to disclose the Contractor’s financing arrangements, financial

modelling, cost structure or profit margin;

b) information that the Contractor is prohibited from disclosing to Council by provision made by or under

any Act, whether of any State or Territory, or of the Commonwealth; or

c) information that, if disclosed to Council, could reasonably be expected to place the Contractor at a

substantial commercial disadvantage in relation to Council, whether at present or in the future.

47.3 The Contractor will provide copies of any of the information in sub-clause 47.1, as requested by Council, at

the Contractor’s own expense.

47.4 Any failure by the Contractor to comply with any request pursuant to sub clause 47.1 or 47.3 will be

considered a breach of an essential term and will allow Council to terminate the Contract by providing notice

in writing of its intention to do so with the termination to take effect seven (7) days after receipt of the

notice. Once the Contractor receives the notice, if it fails to remedy the breach within the seven (7) day

period to the satisfaction of Council, then the termination will take effect seven (7) days after receipt of the

notice.

CLAUSE 48.CONSULTATION (GIPA Act, s.54)

48.1 Council will take reasonably practicable steps to consult with the Contractor before providing any person

with access to information relating to the Contract, in response to an access application under the

Government Information (Public Access) Act 2009 (GIPA Act), if it appears that:

a) the information:

i. includes personal information about the Contractor or its employees; or

ii. concerns the Contractor’s business, commercial, professional or financial interests; or


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iii. concerns research that has been, is being, or is intended to be, carried out by or on behalf of the

Contractor; or

iv. concerns the affairs of a government of the Commonwealth or another State (and the Contractor is that

government);

b) the Contractor may reasonably be expected to have concerns about the disclosure of the information; and

c) those concerns may reasonably be expected to be relevant to the question of whether there is a public

interest consideration against disclosure of the information.

48.2 If, following consultation between Council and the Contractor, the Contractor objects to disclosure of some

or all of the information, the Contractor must provide details of any such objection (including the

information objected to and the reasons for any such objection) within 5 days of the conclusion of the

consultation process.

48.3 In determining whether there is an overriding public interest against disclosure of government information,

Council will take into account any objection received by the Contractor.

48.4 If the Contractor objects to the disclosure of some or all of the information but Council none the less decide

to release the information, Council must not provide access until it has given the Contractor notice of

Council’s decision and notice of the Contractor’s right to have that decision reviewed.

48.5 Where Council has given notice to the Contractor in accordance with sub-clause 48.4, Council must not

provide access to the information:

a) before the period for applying for review of the decision under Part 5 of the GIPA Act has expired; or

b) where any review of the decision duly applied for is pending.

48.6 The reference in sub-clause 48.5(a) to the period for applying for review of the decision under Part 5 of the

GIPA Act does not include the period that may be available by way of extension of time to apply for review.

CLAUSE 49.PUBLIC INTEREST DISCLOSURE ACT 1994

Under the provisions of the Public Interest Disclosure Act 1994 Contractors/Contractors have a statutory

responsibility to report suspected wrong doing in the four categories covered by the Public Interest

Disclosures Act 1994 (the PID Act), ie, corruption, maladministration, serious and substantial waste of public

money and government information contravention.

i) Corrupt conduct

Corrupt conduct is the dishonest or partial exercise of official functions by a public official. For example,

this could include:

the improper use of knowledge, power or position for personal gain or the advantage of others acting dishonestly or unfairly, or breaching public trust a member of the public influencing a public official to use their position in a way that is dishonest,

biased or breaches public trust.

ii) Maladministration


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Maladministration is conduct that involves action or inaction of a serious nature that is contrary to law,

unreasonable, unjust, oppressive or improperly discriminatory or based wholly or partly on improper

motives.

For example, this could include:

making a decision and/or taking action that is unlawful refusing to grant someone a licence for reasons that are not related to the merits of their application

iii) Serious and substantial waste in Local Government

Serious and substantial waste is the uneconomical, inefficient or ineffective use of resources that could

result in the loss or wastage of local government money, this includes all revenue, loans and other money

collected, received or held by, for or on account of the Council.


poor project management practices leading to projects running over time having poor or no processes in place for a system involving large amounts of public funds.

iv) Government information contravention

A government information contravention is a failure to properly fulfil functions under the Government

Information (Public Access) Act 2009(GIPA Act).


destroying, concealing or altering records to prevent them being released knowingly making decisions that are contrary to the legislation directing another person to make a decision that is contrary to the legislation

Although reports about the previous four categories of conduct can attract the specific protections of the

PID Act, Contractors/Contractors should report all activities or incidents that they believe are wrong.

For example, these could include:

harassment or unlawful discrimination reprisal action against a person who has reported wrongdoing practices that endanger the health or safety of staff or the public

It is the Contractor/Contractor’s responsibility to report any known or suspected incidents. To do so is to

help promote integrity, accountability and good governance within the Council.

The Contractor/Contractor who makes a report will be kept informed of the progress and outcome of such

report.

For a report to be considered a protected disclosure, it has to meet all the requirements under the PID Act.

These requirements are:

the person making the disclosure must honestly believe on reasonable grounds that the information shows or tends to show wrongdoing.

the report has to be made to Council’s Disclosure Officers:

For more information see the NSW Ombudsman’s guideline on what can be reported at

www.ombo.nsw.gov.au

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


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CLAUSE 50. LONG SERVICE LEVY

The Contractor shall be liable for the payment of a Long Service Levy, if required by the Long Service

Payments Corporation. Evidence of payment of the Long Service Leave Levy or exemption of payment

provision, shall be submitted to the principal prior to commencement of the Works under the Contract.

APPENDIX C: INSTRUMENT OF AGREEMENT THIS AGREEMENT is made the ………………………………………………………… day of …………………………………..…………………. 2016

BETWEEN

WEDDIN SHIRE COUNCIL of Cnr of Weddin Street & Camp Street GRENFELL NSW 2810 (the Principal)

AND

………………………………………………………………………………………………………. of ……………………………………………………………………...

……………………………………………………………………………………………………………………………………………………………………………………

WHEREAS:

A. The Contractor has submitted an offer to execute work in relation to the DEMOLITION OF BLACKS BRIDGE AND DESIGN & CONSTURCTION OF A REPLACEMENT BRIDGE

B. WEDDIN SHIRE COUNCIL has accepted the Contractor’s offer to execute the work in accordance with the terms and conditions of this Agreement (also referred to as this Contract or the Contract).

IT IS HEREBY AGREED

1. The following documents are deemed to form and be read and construed as part of this Agreement: (a) General Conditions of Contract for Design and Construct (AS 4902-2000)and the Annexures Part A, Part A -

Separable Portions, Part B, Part C, Part D and Part E (b) Request For Tender with any addenda issued during the tender period (c) The Contractor’s tender submission documents including, but not limited to, completed tender form, plans

and drawings (d) Council’s resolution (No. ………………………………………………………………………) (e) Requisition Order (No………………….) dated ………………………………………………. (f) The Principal’s notice of acceptance dated ………………………………………….

2. The Contractor must execute the work and comply with all of its obligations under the Agreement 3. The Contract Sum is a lump sum of ………………………………………………………………………………………………………………………..

……………………….. ($..................................................................) 4. WEDDIN SHIRE COUNCIL must pay the Contractor and comply with all of its obligations under the Agreement. 5. This Agreement constitutes the entire agreement between the parties and will take effect notwithstanding any

prior communication between the parties. This Agreement can only be varied by agreement in writing by both parties.

6. This Agreement is deemed to have commenced operation on …………………………………………………………………………..

EXECUTEDby the parties as a Contract EXECUTED by being signed by those persons who are authorised to sign for Weddin Shire Council:


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General Manager Position Glenn Carroll Full name Camp Street Grenfell NSW 2810 Usual address ................................................................................. Signature Date ................................................................................. Witness Position ................................................................................. Full name ................................................................................. Usual address ................................................................................. Signature Date EXECUTED by being signed by that person/s who are authorised to sign for ……………………………………….. ................................................................................. Position ................................................................................. Full name ................................................................................. Usual address ................................................................................. Signature Date ................................................................................. Witness Position ................................................................................. Full name ................................................................................. Usual address …………………………………………………..... ........................ Signature Date

APPENDIX D: TENDER FORM Attached separately

APPENDIX E: SITE SURVEY PLAN (DWG No.129BBG) Attached separately

APPENDIX F: REVIEW OF ENVIRONMENTAL FACTORS Attached separately

APPENDIX G: GEOTECHNICAL REPORT Attached separately

APPENDIX H: DPI PERMIT APPLICATION FORM Attached separately

APPENDIX I: LEVEL 3 BRIDGE INSPECTION REPORT Attached separately