Conditions of Contract - Tararua District Council

Contract CO35/14
BALLARAT COURT PENSIONER HOUSING COMPLEX RE-ROOF
Cnr Denmark/Miller Streets, Dannevirke
February 2015
Tenders close with:
The Tenders Secretary
Tararua District Council
26 Gordon St
P O Box 115
Dannevirke
At 4.00pm on Wednesday the 18th of March 2015
Envelopes containing the tenders to be endorsed with:
“Tender for Contract CO35/14 BALLARAT COURT PENSIONER HOUSING COMPLEX RE-ROOF”
Contents
Part 1: Tender Documents
1.
2.
3.
4.
5.
6.
7.
Key Information for Tenderers
Conditions of Tendering
Schedule to Conditions of Tendering
Non-price Attributes
Agreement as to Arbitration
Tender Form
Schedule of Prices
Part 2: Conditions of Contract
1.
2.
3.
4.
5.
General Conditions of Contract
First Schedule: Special Conditions of Contract
Second Schedule: Contract Agreement
Eighth Schedule: Certificate as to Contractor’s Public Liability Insurance
Tenth Schedule: Certificate as to Contractor’s Motor Vehicle Insurance
Part 3: Contract Specifications
1. Management
2. Administration
3. Health And Safety
Part 4: Appendices
1. Site Map
CO35/14 BALLARAT COURT PENSIONER HOUSING COMPLEX RE-ROOF
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Part 1: Tender Documents
Section 1: Key Information for Tenderers
Contract CO35/14 BALLART COURT PENSIONER HOUSING COMPLEX RE-ROOF
Tararua District Council has the following goals for procurement:

To obtain best value for money in a transparent manner

To enable fair competition and encourage competitive and efficient markets
Tararua District Council has chosen in its new procurement strategy to achieve these
goals by promoting collaborative working with the contracting industry.
This means that when a ‘best value’ contract relationship exists, and any project or activity
can be done as a variation or negotiation to avoid unproductive tender costs, Tararua
District Council will in the first instance seek to negotiate a variation.
This means in this instance that under the new Tararua District Council Procurement
Strategy there exists provision for extending the scope of this contract.
1.1 Description of Contract and Contract Period
This contract sets out the requirement for the reroofing of Ballarat Court Pensioner Housing
Complex in Dannevirke.
The start date for the Contract is after the 23rd of March 2015.
1.2 Principal’s Expectations
The Principal wishes to engage a Contractor who can:


Minimise costs achieving best value for money
Minimise interruption to residents
1.3 Tender Enquiries
Enquiries during the tender period shall be submitted in writing no later than 3 days
preceding the tender closing date to:
Colin Veale
Community Assets and Property Manager
Tararua District Council
26 Gordon Street
P O Box 115
Dannevirke 4942
Ph:
06 374 4080 Fax 06 374 4137
CO35/14 BALLARAT COURT PENSIONER HOUSING COMPLEX RE-ROOF
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1.4 Tender Evaluation
Tenders will be evaluated using the lowest price conforming method (see NZTA’s
Procurement Manual, Appendix C)
Section 2: Conditions of Tendering
Contract CO35/14 BALLARAT COURT PENSIONER HOUSING COMPLEX RE-ROOF
The Conditions of Tendering shall be those included in NZS3910:2013 Conditions of Contract
for Building and Civil Engineering – Fixed term, with amendments as shown below.
Replace Clause 104.3 with the following clause:
The Principal will only consider tenders based on the Tender Documents.
Add the following new clause, Clause 104.4:
No unauthorized alteration to the Tender Documents shall be accepted.
Replace Clause 105.2 with the following clause:
Tenders shall be delivered at the place for closing before the closing time. Fax or other
electronic means of delivering tenders to the Principal will not be acceptable.
No alternate tenders will be accepted
CO35/14 BALLARAT COURT PENSIONER HOUSING COMPLEX RE-ROOF
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Section 3: Schedule to Conditions of Tendering
Contract CO35/14 BALLART COURT PENSIONER HOUSING COMPLEX RE-ROOF
The Conditions of Tendering shall be those included in NZS3910:2013 Conditions of Contract
for Building and Civil Engineering – Fixed Term with the following Schedule.
102.2
No Tender Documents deposit is required.
105.1
Tenders close at 4.00pm on Wednesday the 18th of March 2015 at:
Tararua District Council
26 Gordon Street
P O Box 115
Dannevirke 4942
Tenders shall be addressed to the Tenders Secretary, and marked on the outside of the
envelope:
“Tender for Contract CO35/14 Ballarat Court Pensioner Housing Complex Re-Roof”
The information required includes:



A completed and signed tender form
A completed and signed schedule of prices
Tenderer’s proposal including all information relating to the non-price Attributes
outlined in Section 4 of this tender document.
106.3
An agreement as to arbitration is to be completed by the Principal and form part of the
contract documents
107
Tender evaluation to be by the lowest price conforming method as described in NZTA
Procurement Manual.

Tenderer’s Non-Price Attributes (see Section 4)

Relevant Experience & Track Record

Nominated Personnel

Plant & Equipment

Management Skills

Methodology
CO35/14 BALLARAT COURT PENSIONER HOUSING COMPLEX RE-ROOF
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The tenderer’s attributes shall not exceed 5 single sided A4 pages of ordinary type (12 point
Times Roman or similar type face)
Section 4: Non-price Attributes
Contract CT CO35/14 BALLART COURT PENSIONER HOUSING COMPLEX RE-ROOF
Further to clause 107 Schedule to Conditions of Tendering, the tenderer shall provide
information about the following attributes.





Relevant Experience & Track Record
Nominated Personnel
Plant & Equipment
Management Skills
Methodology
4.1
Relevant Experience & Track Record
Tenderer’s must provide detailed evidence of their experience to complete Contract
Works described in these documents for two separate projects.
4.2
Nominated Personnel
Tenderer’s must nominate and state the key technical skills of the nominated
personnel.
4.3
Plant & Equipment
The tenderer must submit details of all plant and equipment items that will be used
in the execution of the Contract Works.
4.4
Management Skills
Tenderer’s must describe the management methods and skills they will use to
successfully complete the Contract Works. The description must include:

Attributes and management skills of all nominated personnel

Lines of communication within the contract management team and with
the Engineer, delegation of duties and authority
4.5
Methodology
Tenderer’s must describe the methodology they will use to complete the Contract
Works on time and to the standard specified in the Contract Documents.
Any tender proposal, when evaluated, which scores less than half the allocated marks for
one or more of the attributes listed, will be excluded from any further consideration by the
evaluation panel.
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Agreement as to Arbitration
This Agreement is made on (insert date): .................................................................
Between (the Principal): Tararua District Council ....................................................
And (the Contractor): .................................................................................................
The Contractor has submitted a tender for:
Contract CO35/14 BALLARAT COURT PENSIONER HOUSING COMPLEX RE-ROOF
The Principal intends to accept such Tender by the letter of acceptance which accompanies
this agreement. Such tender and its acceptance, together with the General Conditions and
other documents intended to form part of the contract, will constitute a contract. By clause
106.3 of the Conditions of Tendering, no acceptance of tender is valid unless accompanied
with a separate agreement to the effect there set out.
By this present separate agreement, and in consideration of the Contractor’s tender, the
Principal certifies that, having read and understood the arbitration agreement contained in
Section 13 of the General Conditions, it agrees to be bound by it.
Signed for the Principal by:
In the presence of:
CO35/14 BALLARAT COURT PENSIONER HOUSING COMPLEX RE-ROOF
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TENDER FOR: Contract CO35/14 BALLART COURT PENSIONER HOUSING
COMPLEX RE-ROOF
The Chief Executive
Tararua District Council
P O Box 115
Dannevirke
I/We the undersigned hereby tender the sum of: __________________________________
____________________________________________________________________ (words)
___________________________________________________________________ (figures)
(excluding GST) for the above-mentioned works described in the drawings, specifications
and Conditions of Contract.
I/We further understand that the Principal is not bound to accept the lowest or any tender.
Name of Company: __________________________________________________________
Address: __________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Contact Person: ___________________________
Signature: _______________________________
Telephone Number: _______________________
Fax Number: _____________________________
Email Address:____________________________
GST Number: _____________________________
Date: ___________________________________
CO35/14 BALLARAT COURT PENSIONER HOUSING COMPLEX RE-ROOF
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Contract CO35/14 BALLARAT COURT PENSIONER HOUSING COMPLEX
RE-ROOF
Schedule of Prices
Item
Description
Unit
Quantity
Rate
Amount
Rate x Quantity
1
2
3
Removal of
decramastic roofing
tiles
Disposal of
decramastic roofing
tiles/building paper
Supply and install new
building paper,
approved coloured
long run roofing steel,
ridging, barge
flashings, PVC
guttering and
downpipes
Total excluding GST:
(This is the Tender Sum)
Notes:
Scheduled rates to include provision for:
Item 1:
 Record keeping costs
 Claims costs
 Insurance costs
 Labour costs
 Plant and vehicle costs
 Waste disposal fees
CO35/14 BALLARAT COURT PENSIONER HOUSING COMPLEX RE-ROOF
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Part 2: Conditions of Contract
Section One : General Conditions of Contract
The General Conditions of Contract shall be those included in NZS3910:2013 Conditions of
Contract for Building and Civil Engineering.
7.1 Indemnity
Add the following sub-clause to 7.1.1
7.1.1 (d) Any loss (including any solicitor/client legal costs) or liability incurred by the
principal in respect of any proceeding or action taken against the Principal for failure by the
Contractor to comply with the provision of any statute, regulation, bylaw or other
requirement of Government, local or other public authorities that may be applicable to the
Contract Works.
CO35/14 BALLARAT COURT PENSIONER HOUSING COMPLEX RE-ROOF
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Section Two: Schedules to the General Conditions of Contract
First Schedule: Special Conditions of Contract (clause numbers refer to General Conditions)
of NZS3910:2013
1.2
The Principal is:
Tararua District Council
26 Gordon Street
Dannevirke
1.2 (b)
There are no separable portions in this Contract.
3.1.1
A Contractor’s bond is not required.
3.2.1
A Principal’s bond is not required.
5.4.1
The Contractor shall commence the contract after the 23rd of March 2015.
6.1.2
The Engineer is:
Kathy Dever-Tod
Manager Assets Group
Tararua District Council
26 Gordon Street
P O Box 115
Dannevirke 4942
Phone 06 374 4080
Fax
06 374 4137
6.3
The Engineer’s Representative is:
Colin Veale
Community Assets and Property Manager
Tararua District Council
26 Gordon Street
P O Box 115
Dannevirke 4942
Phone 06 374 4080
Fax
06 374 4137
CO35/14 BALLARAT COURT PENSIONER HOUSING COMPLEX RE-ROOF
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8.1 and 8.3
The Contractor shall insure as provided in 8.1 and 8.3
8.3.1
Public Liability Insurance shall be effected for an amount not less than $5,000,000.
8.3.2
Motor Vehicle Third Party Liability Insurance shall be effected for an amount not less than
$1,000,000.
11.1.1
The period of defects liability shall be zero (0) weeks.
12.1
The claim shall be submitted and paid upon completion of the contract works.
12.3.1
No retentions will be retained for this contract.
12.8.2
Cost fluctuation adjustments shall be paid for works carried out in the second and third
years according to the provisions of NZS3910:2013 Appendix A
12.11.1
There is no contingency sum included in this Contract.
15.1.2
For the purpose of service of notices, the postal address of:
(a) The Principal is
P O Box 115
Dannevirke 4942
Fax: 06 374 4137
(b)The Engineer is
P O Box 115
Dannevirke 4942
Fax: 06 374 4137
CO35/14 BALLARAT COURT PENSIONER HOUSING COMPLEX RE-ROOF
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SECOND SCHEDULE
CONTRACT AGREEMENT
Contract for; CT CO35/14 BALLART COURT PENSIONER HOUSING COMPLEX RE-ROOF..................
THIS AGREEMENT is made on ............................................................................................................
BETWEEN. ............................................................................................................................................
(“the Contractor”)
AND.. ....................................................................................................................................................
(“the Principal”).
IT IS AGREED as follows:
1.
THE Contractor shall carry out the obligations imposed on the Contractor by the
Contract Documents.
2.
THE Principal shall pay the Contractor the sum of $ ..................................................................
or such greater or less sum as shall become payable under the Contract Documents
together with Goods and Services Tax at the times and in the manner provided in the
Contract Documents.
3.
EACH party shall carry out and fulfil all other obligations imposed on that party by the
Contract Documents.
4.
THE Contract Documents are this Contract Agreement and the following which form
part of this agreement:
(a)
The Conditions of Tendering;
(b)
Notices to tenderers (give details with dates);
(c)
The Contractor’s tender;
(d)
The notification of acceptance of tender;
(e)
The General Conditions of Contract, NZS 3910:2013;
CO35/14 BALLARAT COURT PENSIONER HOUSING COMPLEX RE-ROOF
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(f)
The Special Conditions of Contract;
(g)
Specifications issued prior to the Date of Acceptance of Tender;
(h)
The Schedule of Prices; (Delete if not applicable)
(i)
The following additional documents: (Identify any additional documents to be included for
example agreed correspondence.)
WITNESS to the signature
of the Contractor:
............................................
Contractor
WITNESS to the signature
of the Principal:
............................................
Principal
CO35/14 BALLARAT COURT PENSIONER HOUSING COMPLEX RE-ROOF
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EIGHTH SCHEDULE
INFORMATION AS TO PUBLIC LIABILITY INSURANCE
To Whom It May Concern:
From: ....................................................................................................................................................
(Name of insurance company)
............................................................................................................................................................................................
(Branch)
..............................................................................................................................................................
(Address)
We confirm having effected public liability insurance for:
..............................................................................................................................................................
(The Contractor)
..............................................................................................................................................................
(The Principal)
In respect of: Contract CT CO35/14 BALLART COURT PENSIONER HOUSING COMPLEX
RE-ROOF ...............................................................................................................................................
(Project title)
Annual policy
Policy expiry
date:
8.3.1
Yes / No
The limit of indemnity
$
Sub limit insured for vibration, removal or weakening of $
support
Deductible is
Deductible for vibration, removal or weakening of
support
(GST inclusive) $
(GST inclusive) $
We advise that “additional” terms, copy attached, have been
specifically applied to this project
The policy covers liability arising out of:
The ownership / use of construction machinery not required to be
registered for road use
The use of hired plant
The ownership / use of watercraft up to 8 m
The ownership / use of aircraft
CO35/14 BALLARAT COURT PENSIONER HOUSING COMPLEX RE-ROOF
(Plus GST)
(Plus GST)
Yes / No
Yes / No
Yes / No
Yes / No
Yes / No
Page 15
The use of explosives
8.5.3, 8.8.4
Yes / No
Policy cover terms included are:
(a) Automatic reinstatement
(b) No cancellation for non-payment without prior notification
(c) Severally insured
(d) No settlement delay due to exercise of subrogation
Yes / No
Yes / No
Yes / No
Yes / No
We undertake that this policy will not be cancelled or amended by us without written advice
to the insured party which has arranged the insurances.
The insurance issued is subject to the terms and conditions of the policy. We do not
warrant that this policy complies with the requirements of NZS 3910:2013.
Insurance Company Stamp ..............................................
Date ...........................................
(Or name of insurance broking company confirming cover)
SIGNED BY ...........................................................................
SIGNATORY TITLE ...............................................................
(Clause numbers refer to NZS 3910:2013 and are for information only)
CO35/14 BALLARAT COURT PENSIONER HOUSING COMPLEX RE-ROOF
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TENTH SCHEDULE
INFORMATION AS TO THE CONTRACTOR’S MOTOR VEHICLE INSURANCE
To Whom It May Concern:
From: ....................................................................................................................................................
(Name of insurance company)
............................................................................................................................................................................................
(Branch)
..............................................................................................................................................................
(Address)
We confirm having effected motor fleet insurance for:
..............................................................................................................................................................
(The Contractor)
In respect of: ........................................................................................................................................
(Project title)
Annual policy
Policy
date:
8.3.1
Yes / No
expiry
The sums insured are:
Section 2 - liability
$
The policy deductibles are:
Section 2
(Plus GST)
(GST inclusive) $
We advise that “special” terms, copy attached, have been applied to
this policy
8.5.3
Policy cover terms included are:
(a) Automatic reinstatement
(b) No cancellation for non-payment without prior notification
(c) No settlement delay due to exercise of subrogation
CO35/14 BALLARAT COURT PENSIONER HOUSING COMPLEX RE-ROOF
Yes / No
Yes / No
Yes / No
Yes / No
Page 17
We undertake that this policy will not be cancelled or amended by us within the period of
insurance without written advice to the insured party which has arranged the insurances.
The insurance issued is subject to the terms and conditions of the policy. We do not
warrant that this policy complies with the requirements of NZS 3910:2013.
Insurance Company Stamp ..............................................
Date .............................................
(Or name of insurance broking company confirming cover)
SIGNED BY ...........................................................................
SIGNATORY TITLE ................................................................
(Clause numbers refer to NZS 3910:2013 and are for information only)
CO35/14 BALLARAT COURT PENSIONER HOUSING COMPLEX RE-ROOF
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Part 3: Contract Specifications
Section One: Management
1.1
 Removal of old decramastic tiles
 Removal of old building paper
 Appropriate disposal of old tiles and building paper
 New building paper installed
 New roof – long run colour steel – Council to provide colour
 New ridging and barge flashings
 New PVC guttering and downpipes
1.2
Expectations of Contractor Engaged







No work to commence before 8.00am in the morning or after 5.00pm in the evening.
The site will be tidied and debris removed or secured at the end of each day.
No work to be undertaken on the weekend or Statutory holidays.
Consideration needs to be given to tenants and their visitors at all times, especially
regarding safety of tenants/visitors entering and leaving their units and the complex.
The units need to be water tight and secure on leaving the complex at the end of
each day.
Where possible work vehicles will be parked outside the complex.
Tenants will be cordially informed if their vehicles need to be moved.
Section 2:
2.1
Administration
Bylaws
The Contractor shall comply with Council’s bylaws and other statutory requirements.
Any such non-compliances shall be immediately reported to the Engineer of the Contract.
Section 3: Health and Safety
3.1
The Contractor and any Subcontractors employed shall, during the term of this contract,
comply in every respect with the requirements of the Health and Safety in Employment Act
1992 (HSE Act).
This includes complying with relevant codes of practice, good housekeeping, adopting safe
work procedures and preventing casual access to the site so that no person is harmed.
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3.2
The Contractor and any Subcontractors employed shall have in place and operating a Safety
and Health Policy and Procedures in accordance with the Health and Safety in Employment
Act 1992. Contractors and Subcontractors employed shall submit a copy of their Safety and
Health Policy and Procedures.
3.3
The Contractor’s and Subcontractor’s employees shall have the necessary knowledge and
experience for the safe operation of any plant, tools, equipment, materials, methods,
procedures, tasks and safety requirements associated in executing the contract works.
Proof of training, experience and qualifications for employees engaged on the contract
works shall be supplied if requested by the Engineer.
3.4
The Contractor shall take all practicable steps to ensure that people on the site of the
contract works, including employees of the Principal, Contractor(s), Subcontractor(s),
callers, visitors, residents and the general public are not harmed by any hazard that is or
arises on the site of the contract works or as a result of executing the contract works.
3.5
The Contractor shall undertake to comply with any direction or requirement of the Principal
in relation to the implementation of all practicable steps as required by the Health and
Safety in Employment Act 1992.
3.6
Failure to comply with the provisions of these clauses will constitute grounds for the
Principal to either issue a stop work notice or terminate the contract.
3.7
The Contractor shall submit with their tender proposed methods and/or procedures to
avoid, control or minimise the known identified hazards and significant hazards for the
Contract Works as specified in Clause 3.9 below.
3.8
The Contractor shall also submit any other known hazards or significant hazards associated
with the site and execution of the contract works, based on previous experience.
CO35/14 BALLARAT COURT PENSIONER HOUSING COMPLEX RE-ROOF
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3.9
The following hazards have been identified at the site under which the Contract Works are
to be executed:
3.9.1 Significant Hazards
Nil.
3.9.2 Hazards
Nil.
3.10
The following hazards have been identified relating to the execution and operation of the
Contract Works:
3.10.1
Significant Hazards:
i)
ii)
iii)
iv)
v)
vi)
Jagged metal
Wire
Machinery operating
Machinery operating on soft unstable ground
Pedestrian traffic on site
Traffic manouevring on site
3.10.2
Hazards:
Nil.
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Health and Safety
Hazard Identification Analysis and Control
Contract CO35/14 BALLARAT COURT PENSIONER HOUSING COMPLEX RE-ROOF
1. Hazard
2. Elimination
Yes/No
3. Isolation
Yes/No
4. Minimization
Yes/No
Detail:
Confirmed by:
Position:
Company Name:
Date:
CO35/14 BALLARAT COURT PENSIONER HOUSING COMPLEX RE-ROOF
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Appendix 1: Ballarat Court Pensioner Housing Complex Site Map
Complete re-roof
CO35/14 BALLARAT COURT PENSIONER HOUSING COMPLEX RE-ROOF
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