1726-1 Contract Carpentry and Handyman Services DRAFT ... · Title: Panel for the Provision of...

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Contract No: 1726-1 Page 45 Title: Panel for the Provision of Carpentry and Handyman Services 4. Specification

Transcript of 1726-1 Contract Carpentry and Handyman Services DRAFT ... · Title: Panel for the Provision of...

Page 1: 1726-1 Contract Carpentry and Handyman Services DRAFT ... · Title: Panel for the Provision of Carpentry and Handyman Services 2.0 Scope of Carpentry & Handyman Services 2.1 Locations

Contract No: 1726-1 Page 45 Title: Panel for the Provision of Carpentry and Handyman Services

4. Specification

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Contract No: 1726-1 Page 46 Title: Panel for the Provision of Carpentry and Handyman Services

CONTENTS

Clause Topic Page

1.0 PURPOSE OF THE SPECIFICATION............................................................. 47

1.1 Purpose ..................................................................................................... 65 1.2 Building Maintenance Team...................................................................... 65 1.3 Panel of Contractors.................................................................................. 65 1.4 Procurement Policy ................................................................................... 65

2.0 SCOPE OF CARPENTRY & HANDYMAN SERVICES ................................... 66

2.1 Locations ................................................................................................... 66 2.2 General Scope of the Maintenance Works................................................ 73 2.3 Services..................................................................................................... 73 2.4 Spare Parts Holding .................................................................................. 55 2.5 Development of Services and Systems..................................................... 74

3.0 OPERATIONS AND LIMITATIONS.................................................................. 74

3.1 Hours of Work ........................................................................................... 74 3.2 Continuity of Services................................................................................ 74 3.3 Site Access................................................................................................ 74 3.4 Waste Removal ......................................................................................... 75 3.5 Environmental Management ..................................................................... 75 3.6 Dress Code and Vehicle Presentation ...................................................... 75 3.7 Public Relations......................................................................................... 75 3.8 Machinery, Access Equipment and Test Equipment ................................. 76 3.9 Induction.................................................................................................... 76

4.0 MANAGEMENT ISSUES ................................................................................. 76

4.1 Reporting................................................................................................... 76

5.0 PERFORMANCE CONTRACT MANAGEMENT.............................................. 76

5.1 Contractor’s Performance Responsibilities................................................ 76 5.2 Purpose of Performance Measurement .................................................... 77 5.3 Performance Measurement Regime ......................................................... 77 5.4 Performance Measurement Development................................................. 77 5.5 Initial Draft KPIs......................................................................................... 78

6.0 CONTROL OF WORKS ................................................................................... 80

6.1 Works Initiation.......................................................................................... 80 6.2 Works Order Classification........................................................................ 80

6.2.1 Routine Response Works Orders ............................................. 80 6.2.2 Urgent Response Works Orders............................................... 80 6.2.3 Works Order Acceptance.......................................................... 81

7.0 LEGISLATION AND AUSTRALIAN STANDARDS .......................................... 81

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Contract No: 1726-1 Page 47 Title: Panel for the Provision of Carpentry and Handyman Services

1.0 Purpose of the Specification and General Contract Management

1.1 Purpose

The purpose of the Specification is to provide tenderers with the basic information required to submit their tender. It also describes the general services and performance criteria required.

1.2 Building Maintenance Team

Port Phillip City Council’s (Council’s) Building Maintenance team is responsible for maintaining the condition of Council buildings (including fixtures, fittings, plant, equipment and furniture) in accordance with service levels established for various categories of buildings.

1.3 Panel of Contractors

Because of the nature of the service, Council seeks to appoint a panel of contractors for Carpentry and Handyman Services as it will ensure the following;

A wide range of services can be provided,

Expenditure with the contractor will comply with legislative requirements,

A formal contract will be in place,

Contractors can be called upon at short notice, and

Value for money

1.4 Procurement Policy

Contractors on the panel will not be guaranteed any work but may be called on at any time to supply services. In these cases, the contractors may be engaged by: the schedule of rates submitted in their tender; or quotations.

In accordance with Council’s current Procurement Policy, written quotes will be required.

To enable contract compliance and promote effective contract management, all contractor quotations must contain separate components as appropriate. The following should be used as a guide; Labour – at the schedule of rates Materials Cost of specialist plant or equipment, and The allowance for a Prime Cost item or provisional sum, Any other item.

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2.0 Scope of Carpentry & Handyman Services

2.1 Locations

Council has divided its building assets into nine functional groups. Each group contains a number of properties which in turn may have more than one building on that property. The key identifier for properties and buildings is the property ID number. This number is unique and is used by the ISD in both financial and operational asset management. The functional property groups that are the focus of the works and their location are shown in Table 1 This list is not exclusive and may be subject to variation as further council properties are disposed of, acquired or are required to be maintained.

Council Operated Properties

Property ID

Property Name Street Address Suburb

OPS390 OFFICE WORKSHOP 523 Williamstown Road

Port Melbourne

OPS321 PORT MELBOURNE TOWN HALL 333 Bay Street Port Melbourne

OPS506 SHOP, OFFICE, COMMUNITY ROOM

147 Liardet Street Port Melbourne

OPS501 SHOP AND OFFICE 200 Bank Street South Melbourne

OPS318 SOUTH MELBOURNE DEPOT COMPLEX

69 White Street South Melbourne

OPS313 SOUTH MELBOURNE TRANSFER STATION

56 – 78 White Street

South Melbourne

OPS248 OFFICE 222 Bank Street South Melbourne

OPS502 SOUTH MELBOURNE TOWN HALL 208 Bank Street South Melbourne

OP500 ST KILDA TOWN HALL Carlisle St St Kilda

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Libraries

Parks and Gardens

Market

Property ID

Property Name Street Address Suburb

LIB302 ALBERT PARK LIBRARY 319 Montague Street

South Melbourne

LIB238 EMERALD HILL LIBRARY 195 Bank Street South

Melbourne

LIB148 ST KILDA LIBRARY 150 Carlisle Street St Kilda

Property ID

Property Name Street Address Suburb

P&G099 ST KILDA BOTANICAL GARDENS COMPLEX

55A Blessington Street

St Kilda

P&G180 ST KILDA PIER ENTRY SHELTER 8 Jacka Boulevard St Kilda

MKT505 SOUTH MELBOURNE MARKET 116 Cecil Street Sth Melbourne

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Arts and Culture

Parks and gardens

Childcare

Property ID

Property Name Street Address Suburb

ART220 ST KILDA VEGOUT & ARTISTS STUDIO

11 Shakespeare Grove

St Kilda

ART296 GASWORKS PARK ARTS COMPLEX (ALL BUILDINGS).

1 – 35 Graham Street

Albert Park

Property Name Street Address Suburb

S&R169 ST KILDA ADVENTURE PLAYGROUND

63 – 71 Grey Street

St Kilda

S&R286 ALBERT PARK BOWLS CLUB 1A St Vincent Place

South Melbourne

S&R303 SKINNERS ADVENTURE PLAYGROUND

211 Dorcas Street South Melbourne

S&R507 J L MURPHY RESERVE - AT AANENSON OVAL PAVILION

351 Williamstown Road

Port Melbourne

S&R523 LAGOON RESERVE PAVILION 180 Esplanade West

Port Melbourne

S&R524 PEANUT FARM RESERVE PAVILION

12A Blessington Street

St Kilda

S&R363 PORT MELBOURNE FOOTBALL/CRICKET CLUB

525 Williamstown Road

Port Melbourne

Property ID

Property Name Street Address Suburb

CHS008 NORTH ST KILDA CHILD CARE CENTRE

71 – 79 Argyle Street

St Kilda

CHS105 ELWOOD MATERNAL & CHILD HEALTH CENTRE

51 Broadway Street

Elwood

CHS160 EILDON ROAD CHILD CARE CENTRE

17 Eildon Road St Kilda

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CHS222 ELWOOD CHILD CARE CENTRE 46 Tennyson Street

Elwood

CHS224 THE AVENUE CHILD CARE CENTRE

39 The Avenue Balaclava

CHS234 YORK STREET MATERNAL & CHILD HEALTH CENTRE

8 York Street St Kilda

CHS257 CARTER STREET CHILD CARE CENTRE

5 – 11 Carter Street

Albert Park

CHS280 ALBERT PARK PRESCHOOL, DENTAL CLINIC & MCHC

18 Dundas Place Albert Park

CHS283 LILIAN CANNAM KINDERGARTEN 97 Eastern road Sth Melbourne

CHS330 CLARK STREET CHILD CARE CENTRE

106 Clark Street Port Melbourne

CHS331 ADA MARY A'BECKETT CHILD CARE CENTRE

7 Cumberland Road

Port Melbourne

CHS510 ST KILDA CHILDCARE CENTRE 171 Chapel Street

St Kilda

CHS511 CLARENDON STREET CHILD CARE CENTRE

400 Clarendon Street

Sth Melbourne

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Community

Property ID

Property Name Street Address Suburb

CCE005 ALMA ROAD COMMUNITY HOUSE 200 Alma Road St Kilda

CCE006 BETTY DAY COMMUNITY CENTRE 67 – 69 Argyle St St Kilda

CCE092 CORA GRAVES COMMUNITY CENTRE

38 – 40 Blessington

St Kilda

CCE159 ST KILDA YOUTH SERVICES 5 – 7 Duke Street St Kilda

CCE279 MARY KEHOE COMMUNITY CENTRE 224 Danks Street Albert Park

CCE299 SOUTH MELBOURNE SENIOR CITIZENS CLUB

1 - 5 Howe Cres Sth Melbourne

CCE301 SOL GREEN COMMUNITY CENTRE 180 Montague Rd

Sth Melbourne

CCE305 ST KILDA YOUTH SERVICES 62 – 74 Pickles St

Sth Melbourne

CCE307 MIDDLE PARK COMMUNITY COMPLEX

254 Richardson St

Albert Park

CCE329 FISHERMAN'S BEND COMMUNITY CENTRE

10 Centre Avenue

Port Melbourne

CCE333 PORT MELBOURNE COMMUNITY CENTRE

219 Esplanade East

Port Melbourne

CCE347 LIARDET COMMUNITY CENTRE CORNER NOTT AND LIARDET ST

154 Liardet Street

Port Melbourne

CCE359 SANDRIDGE COMMUNITY CENTRE 1 Tucker Avenue Port Melbourne

CCE519 ELWOOD BEACH COMMUNITY CENTRE

63A Ormond Esplanade

Elwood

CCE521 ELWOOD / ST KILDA NEIGHBOURHOOD LEARNING CENTRE AND PUBLIC TOILETS

85 – 87 Tennyson Street

Elwood

CCE392 SES OFFICE, AMENITIES and GARAGE

523 Williamstown Road

Port Melbourne

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Public Amenities

Property ID

Property Name Street Address Suburb

PTS083 CATANI GARDENS PUBLIC TOILETS Beaconsfield Parade

St Kilda

PTS084 CUMMING RESERVE PUBLIC TOILETS

Beaconsfield Parade

St Kilda

PTS 154 ALMA PARK PUBLIC TOILETS Dandenong Road

ST Kilda East

PTS156 DANDENONG RD PUBLIC TOILETS Dandenong Road

ST Kilda East

PTS190 THE SLOPES PUBLIC TOILETS Lower Esplanade ST Kilda

PTS211 ELWOOD BEACH COMMUNITY TOILETS

63B Ormond Rd Elwood

S&R520 ELWOOD PAVILION TOILETS Elwood Park Elwood

PTS221 O’DONNELL GARDENS EXELOO 23 Shakespeare Grove

St Kilda

PTS327 PORT MELB BEACH FEMALE TOILETS

70 Beach Street Port Melbourne

PTS334 EDWARDS PARK PUBLIC TOILETS 219 Esplanade East

Port Melbourne

S&R523 LAGOON RESERVE PUBLIC TOILETS 180 Esplanade West

Port Melbourne

PTS401 PORT MELB LSC PUBLIC TOILETS 40 Beaconsfield Pde

Port Melbourne

PTS402 PORT MELB BEACH PUBLIC TOILETS 70 Beach Street Port Melbourne

PTS410 KERFERD ROAD EXELOO 129a Beaconsfield Pde

Albert Park

PTS411 EASTERN ROAD PUBLIC TOILETS 141 Park Street South Melbourne

PTS414 BOWEN CRES RES PUBLIC TOILETS Bowen Street South Melbourne

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Property ID

Property Name Street Address Suburb

CML254 SANDBAR PUBLIC TOILETS Beaconsfield Pde Middle Park

S&R506 JUILER RESERVE PUBLIC TOILETS Dunstan Pde Port Melbourne

S7R506 J L MURPHY RESERVE Plummer St Port Melbourne

ART292 GASWORKS PARK PUBLIC TOILETS Graham Street Port Melbourne

S7R508 PORT MELBOURNE TENNIS CLUB Byrne Street Port Melbourne

S&R524 PEANUT FARM Blessington St St Kilda

PTS516 ST VINCENT GARDENS 1A St Vincent South Melbourne

S&R370 PORT MELBOURNE FOOTBALL GROUND

Williamstown Rd Port Melbourne

S&R504 SOUTH MELBOURNE LSC TOILETS Beaconsfield Pde South Melbourne

S&R349 REAR OF PORT SOCCER PAVILION J L Murphy Reserve

Port Melbourne

S&R358 ELWOOD LIFE SAVING CLUB Bay trail Elwood

CML518 DONOVANS PUBLIC TOILETS Jacka Boulevard St Kilda

PTS421 POINT ORMOND PUBLIC TOILETS Point Ormond Elwood

PTS425 ALMA ROAD COMMUNITY HOUSE 222 Alma Road St Kilda East

PTS426 COLES CAR PARK PUBLIC TOILETS Carlisle Street Balaclava

CCE392 SES OFFICE EXTERNAL TOILET Williamstown Road

Port Melbourne

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2.2 General Scope of the Maintenance Works

The work to be carried out shall consist of, but not be limited to, the following general activities:

general reactive maintenance of fixtures and fittings (cupboards, benches, desks ,drawers, doors) throughout the above identified properties as requested by the Contract Manager;

replacement works associated with the above fixtures and fittings;

repair and replacement works to minor external timber structures as well as fixtures and fittings (gazebos, timber bench seating and the like);

general handyman duties through the identified properties on request of the Contract Manager;

preparation and submission of service/activity reports;

attendance for urgent and emergency works needed to general infrastructure;

other minor works not specifically identified but necessary for the effective completion of the specified tasks and procedures; and

provide quotes for works on request of the Contract Manager.

2.3 Services

The services to be provided include a range of skills. The Contractor should liaise with the Contract Manager on any proposed works and identify works where the Contractor;

does not have the required skills to undertake the works,

is required to be licensed or hold a qualification,

proposes to use a subcontractor, and or

has any other restriction or limitation in relation to the works.

2.4 Spare Parts Holding

To minimise down time and inconvenience to facility occupants and the general public, the Contractor must hold an appropriate stock of hardware and spare parts to effect immediate corrective maintenance to essential services. The first priority is to replace “like for like”. In the instance where the existing equipment cannot be replaced with “like for like” the replacement is to be approved by the Contract Manager before installation.

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2.5 Development of Services and Systems

During the course of delivering services, it is envisaged that the Contractor will be proactive in identifying and rectifying obvious general hazards and the ongoing development of the services and processes to industry best practice. If not so dangerous as to require immediate notification, this will be identified in monthly reporting.

3.0 Operations and Limitations

3.1 Hours of Work

Generally, Council buildings may be open during standard business hours of operations five days per week, 52 (fifty-two) weeks per year. However, the Contractor is required to provide carpentry and handyman services at all times, covering a 24 (twenty-four) hour span. It is envisaged that the majority of the works will be undertaken in the period Monday to Friday from 7.00am to 5.00pm but after hours and weekend work may be required.

Due to the nature of operations at Council buildings such as kindergartens, childcare and libraries, Contractors must take steps to avoid causing excessive noise and other forms of nuisance. The use of noisy machinery or malodorous materials for example must be notified and approved by the Contract Manager prior to commencement of work. The intent of this requirement is to reduce any adverse impacts of noise or other nuisance on children, health care workers, others and general members of the public.

The Contractor may be required to undertake works after the hours of operation to avoid having an impact on Council’s operational requirements. Having regard to the possible affect on building users, the Contractor must liaise with the Contract Manager to identify issues and coordinate activities.

3.2 Continuity of Services

The Contractor is to avoid disruption to the day-to-day operations as much as possible. After the delivery of any service or works the facilities are to be left in an appropriate state for building users.

3.3 Site Access

Site access and parking will be restricted to the designated entries, loading zones and commercial parking spaces as provided to the general public. Most properties have limited off street parking and it is the responsibility of the Contractor to familiarise itself with access restrictions at each site.

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3.4 Waste Removal

The Contractor will be required to manage all waste and by-products generated by the works as there are no facilities provided for recycling of waste on-site. Similarly, there are no on site facilities available for the disposal of oil wastes, chemical wastes or associated containers.

The Contractor will be responsible for the safe disposal of all oil, chemical and other hazardous waste in accordance with Workplace Health and Safety requirements and the Contractor’s Environmental Management Plan (“EMP”).

3.5 Environmental Management

The Contractor will develop and implement an EMP in accordance with the requirements of:

a) AS/NZS ISO 14001:2004 Environmental Management Systems - Specification with guidance for use; and

b) AS/NZS ISO 14004:2004 Environmental Management Systems - General guidelines on principles, systems and supporting techniques.

The EMP shall address issues such as noise, odor, air quality, water quality, erosion and sediment control, use of hazardous chemicals, recycling of wastes and the like. It shall also incorporate any Council policies and guidelines relating to environmental matters such as the management of waste oil.

3.6 Dress Code and Vehicle Presentation

The Contractor must provide all staff with work dress that is appropriate for both the functional and presentation requirements of the work. The Contractor must provide identity badges for all staff. These identity badges must be displayed at all times when on site. The Contractor’s vehicles are to be well presented, regularly cleaned and maintained.

3.7 Public Relations

The Contractor’s on-site staff must behave in a courteous and professional manner at all times. Interaction with Council staff and the public will be required frequently. All direct enquiries must be answered courteously.

If necessary, enquiries may be directed to the Contract Manager for action.

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3.8 Machinery, Access Equipment and Test Equipment

The Contractor will supply an inventory and technical specification of any major equipment such as motorized access that will be used at any of the above listed properties.

3.9 Induction

The Contractor must ensure that all management representatives, site staff and sub contractors undertake an induction program conducted by the Council. The Contractor should allow four hours per person for the induction program. New personnel shall attend this induction which is conducted regularly.

4.0 Management Issues

4.1 Reporting

To assist in monitoring the Contractor’s performance, a written monthly report will be prepared by the Contractor to the satisfaction of the Contract Manager. This report will include the following information as a minimum requirement:

a) Work orders received by date,

b) Works completed and dates,

c) Works in progress and anticipated completion dates,

d) Works scheduled,

e) Copies of Job Safety Analysis Worksheets prepared during the previous month,

f) Copies of all OH & S incident reports prepared for the previous months, and

g) Potential impacts of planned works on day to day operations.

The monthly report is intended to be a written record of process and timeliness and to address standards and performance.

5.0 Performance Contract Management

5.1 Contractor’s Performance Responsibilities

The Contractor must liaise with the Contract Manager to understand service levels and respond effectively to Council’s service needs The Contractor’s performance will be measured against Council’s service needs. Performance measurement is to assess whether Council’s operational requirements are limited through service failure or whether the assets perform effectively and efficiently over time. This will requires a proactive management approach from the Contractor and Council that embraces a range of technologies to support the processes and levels of service.

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After jointly establishing the desired performance and levels of service, the Contractor and Contract Manager will develop a performance measuring regime and adopt Key Performance Indicators (KPIs). This must be achieved within six weeks of the Commencement Date. Draft KPIs are shown in clause 5.5.

5.2 Purpose of Performance Measurement

The purpose of performance measurement s ensure that both parties are complying with the contract.

5.3 Performance Measurement Regime

After establishing the benchmarks for delivering services the performance measuring regime will be jointly refined by the Contractor and the Contract Manager. This will be the mechanism for measuring the Contractor’s performance over time. The following KPI Matrix outlines:

a) service objective;

b) KPIs;

c) minimum performance standard for each KPI; and

d) source of the data used to measure the performance of the KPI.

5.4 Performance Measurement Development

To reflect changes in scope and understanding of the Contract both the Contract Manager and the Contractor will review the performance KPIs for relevance and accuracy at least annually. The performance measurement regime will be adjusted accordingly.

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5.5 Initial Draft KPIs

Service Component

and Objective Proposed KPI Minimum Performance Standard Source Data

Costs to Budget 100% accuracy of charges against quoted rates and budget.

1. Contractor Invoicing.

Financial Invoicing Accuracy and Timing

100% compliance to Council’s invoicing requirements, including properly addressed and detailed invoices quoting the relevant work order.

1. Contractor Invoicing.

Workplace Health & Safety

100% Compliance to legislation and the Contractor’s Plan.

1. Incidents reported to ISD – reviewed monthly.

2. Recorded incidents in Contractor’s WH&S Plan – reviewed monthly.

3. Zero outstanding actions at monthly reviews.

4. Actions resolved with the agreed timeframe.

Environmental Management

100% Compliance to legislation and the Contractor’s Plan.

1. Incidents reported to ISD – reviewed monthly.

2. Recorded incidents in Contractor’s Environmental Plan – reviewed monthly.

3. Zero outstanding actions at monthly reviews

Plant Management 100% Compliance to the Contractor’s Plan. Monthly contractor reports.

Risk Management and Compliance

HR management 100% Compliance to Specification and the Contractor’s Plan.

Personnel changes / movements to be reviewed by an event or exception.

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Programmed work 95% of programmed work completed within the

agreed timeframe.

Rework/faulty Work < 5% of services per month to be reworked and a downward trend in reworked jobs.

Complaint register

Services availability< 5% of services left unserviceable per month

and a downward trend in reworked jobs. Complaint register

Fault management95% of faults detected and rectified by the

Contractor.

Service Quality and Planning

Responsiveness90% of recorded faults rectified within the

agreed timeframe.

Monthly reports and invoicing

100% compliance

Customer satisfaction < 5 complaints per month and a downward trend in complaints

1. Reviewed at quarterly coordination meeting.

2. Complaints Register.

Communication at all levels

< 5 complaints per month and a downward trend in complaints

1. Reviewed at quarterly coordination meeting.

2. Complaints Register.

Management and Innovation

Commitment and Responsiveness to Contract

< 5 complaints per month and a downward trend in complaints

1. Reviewed at monthly coordination meeting.

2. Complaints Register.

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6.0 Control of Works

6.1 Works Initiation

The Contract Manager shall initiate works by issuing a Works Order to the Contractor. Works Orders shall be either:

a) in written form; or

b) In the case of emergency by verbal direction.

The Contractor shall not provide any services for carpentry or handyman work prior to receiving a Works Order or verbal instruction from the Contract Manager. Verbal requests shall only be used in circumstances where the Contract Manager is directing works which are classified as either Urgent Response Works Orders or Directed Weekend or Night Work. The Contract Manager shall within forty-eight (48) hours of issuing a verbal direction to the Contractor, issue a Works Order confirming the Contract Manager’s verbal direction.

6.2 Works Order Classification

Works Orders will be classified by the Contract Manager as being a:

a) Routine Response Works Order; or

b) Urgent Response Works Order.

6.2.1 Routine Response Works Orders

In response to a Routine Response Works Order the Contractor must have completed the works specified within the Routine Response Works Order within two (2) working days of the Contractor receiving the Routine Response Works Order or within a timeframe agreed between the Contractor and the Contract Manager. The Contractor shall be entitled to claim payment for works requested on a Routine Response Works Order under the applicable Schedule of Rates or Contractor quotation.

6.2.2 Urgent Response Works Orders

In response to an Urgent Response Works Order the Contractor must have completed the required works within four (4) hours of the Contractor receiving the Urgent Response Works Order. The four (4) hour response time for Urgent Response Works Order is applicable 24 hours per day, 365 days per year, including weekends, public holidays, after working hours and during the night.

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Typically, situations that would be considered cause for the Contract Manager to classify a Works Order as requiring an urgent response would be to make a building or area safe. The Contractor shall be entitled to claim payment for Works requested on an Urgent Response Works Order under the applicable Schedule of Rates or Contractor quotation where the Works have been completed within four (4) hours.

6.2.3 Works Order Acceptance

The Contractor shall perform the Works in accordance with the conditions and standards detailed in the Works Order. If, on receipt of a Works Order, the Contractor believes the completion time cannot be met, the Contractor shall inform the Contract Manager immediately and propose a completion time the Contractor believes can be achieved. The Contract Manager may then, but is not obliged to, agree to a later completion time or may adjust the priority of outstanding works or cancel the Works Order or make such other arrangements for the works as the Contract Manager sees fit.

7.0 Legislation and Australian Standards

The works shall comply with all relevant Acts, Regulations, Codes and Standards as listed, but not limited, to those below.

Building Code of Australia (BCA) 2006 - Class 2 to Class 9 Buildings.

Occupational Health and Safety Act 2004.

Occupational Health and Safety Regulations 2007

Work Safe Victoria – www.worksafe.vic.gov.au

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5. Tender Conditions

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Table of Contents – Tender Conditions 1. INTRODUCTION...............................................................................................66

2. NATURE OF CONTRACT ................................................................................66

3. TENDERS .........................................................................................................67

4. INFORMATION .................................................................................................68

5. EVALUATION OF TENDERS ...........................................................................69

6. ACCEPTANCE OF TENDER............................................................................69

7. PROBITY OF TENDER PROCESS ..................................................................70

8. NEGOTIATION .................................................................................................70

SCHEDULE 1 ............................................................................................................71

SCHEDULE 2 ............................................................................................................72

SCHEDULE 3 ............................................................................................................76

SCHEDULE 4 ............................................................................................................80

SCHEDULE 5 ............................................................................................................81

SCHEDULE 6 ............................................................................................................82

SCHEDULE 7 ............................................................................................................88

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Contract No: 1726 Page 66 Title: Panel for the Provision of Carpentry and Handyman Services

Tender Conditions

1. INTRODUCTION

1.1 Interpretation

Terms defined in the Services General Conditions annexed to these Tender Conditions have the same meaning in these Tender Conditions, unless inconsistent with the context.

1.2 Definitions

In these Tender Conditions, the following terms have the meanings indicated, unless inconsistent with the context:

Best Value Principles means the Best Value Principles described in section 208B of the Local Government Act 1989;

Closing Time for Tenders has the meaning ascribed to it by sub-clause 3.3;

Conforming Tender means a tender which is not a Non-Conforming Tender;

Non-Conforming tender means a tender which:

(a) does not comply with any requirement specified in these Tender

Conditions; or

(b) contains any qualification, condition or other indication that the tenderer is not willing to perform the Contract in strict accordance with the Contract Documents;

Schedule means a schedule to these Tender Conditions; and

The Tender Box has the meaning ascribed to it by sub-clause 3.2.

2. NATURE OF CONTRACT

2.1 Services to be performed

The Services are described in general terms in Schedule 1. Tenderers should, however, ensure that they read the Contract Documents fully to ascertain the Services to be performed and the terms on which the Services are to be performed, as the Contract will be evidenced solely by the Contract Documents.

2.2 Location of Services

The Services are to be performed at the location stated in Schedule 1.

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2.3 Tenderer to Make Enquiries

Tenderers are advised and expected to ascertain for themselves the actual extent and nature of the Services, as the Council will not entertain any claim arising from a failure to do so.

Council expects each tenderer to make its own enquiries, seek its own advice and form its own opinion as to the application of the Workplace Relations Act 1996 to the tender, and in particular as to whether the Contract may give rise to a transmission of business.

2.4 Contact prior to Closing Time for Tenders

All enquiries regarding the tender process or the Contract must be directed to Council’s electronic tender system (Tenderlink) refer Schedule 1.

3. TENDERS

3.1 Form of Tenders These Tender Conditions with Schedules 2, 3, 4, 5, 6 and 7 completed will constitute a Tender.

3.2 Place to Lodge Tenders

Tenders are to be lodged at the place stated in Schedule 1.

3.3 Time for Lodging Tenders

Tenders will be received at the place stated in Schedule 1 until the time and date stated in Schedule 1 (Closing Time for Tenders).

3.4 Number of Copies

If the Tender is being submitted in the Tender Box, the number of copies of the Tender stated in Schedule 1 must be lodged.

3.5 Late Tenders

The Council will not consider late Tenders.

3.6 Council not Bound to Accept Tender

The Council is not bound to accept the lowest or any Tender.

3.7 Non-Conforming Tenders

The Council reserves the right to accept or reject any Non-Conforming Tender.

3.8 Withdrawal of Tenders Tenders may not be withdrawn within 60 days after Closing Time for Tenders without the consent of the Council.

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Contract No: 1726 Page 68 Title: Panel for the Provision of Carpentry and Handyman Services

3.9 Tenders from Council Staff

Not applicable.

3.10 No Collateral Contract

The submission of a Tender by a Tenderer will not give rise to any contract governing, or in any way concerning the Tender process, or any aspect of the Tender process, for the Contract. The Council expressly disclaims any intention to enter into any such contract.

3.11 Disclosure of Confidential Information

The information included within your Tender submission may appear in a publicly accessible report or be referred to during an “open” meeting of Council. Any designation of a Tender marked “Commercial in Confidence” shall be ignored.

4. INFORMATION

4.1 Questionnaire

Tenderers must:

4.1.1 complete the questionnaire contained in Schedule 3 and submit it as part of their tenders; and

4.1.2 supply any information or documents specified at the conclusion of the questionnaire.

4.2 Documentation and Information Tenderers are required to submit the documents or information specified in Schedule 1 as part of their tenders. On acceptance by the Council, the documents or information will form part of the Contract.

4.3 Confidential Information

4.3.1 The Council may require a Tenderer to execute a Deed of Confidentiality before being provided with some or all of the information included in the Contract Specification. Whether or not such a Deed is required, and without limiting a Tenderer's obligations under the Deed, Tenderers must:

4.3.1.1 treat the Contract Documents and any information provided to the Tenderers by or on behalf of the Council in connection with the Tender process as confidential; and

4.3.1.2 not disclose or use that information except as strictly required for the purpose of developing a tender in accordance with the Tender Conditions.

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Contract No: 1726 Page 69 Title: Panel for the Provision of Carpentry and Handyman Services

5. EVALUATION OF TENDERS

5.1 Evaluation Criteria The tender evaluation panel will evaluate tenders in accordance with evaluation criteria listed (in order of importance) in Schedule 1.

The Council will award the tender by applying the Best Value Principles. In applying the Best Value Principles, the Council will have regard to the report prepared by the tender evaluation panel and any other factors which it considers relevant.

5.2 Post-Tender Submissions

The Council may require a tenderer to submit additional information concerning its tender or to personally discuss its tender before any tender is accepted.

Should a tenderer fail to -

5.2.1 submit the additional information so required by; or

5.2.2 attend personally to discuss its tender at -

the date and time stipulated by the Council, its tender may not be further considered.

5.3 Rectification of Errors and Omissions The Council reserves the right to:

5.3.1 check tenders for errors and omissions;

5.3.2 by agreement with a tenderer, amend a tender price or rate submitted by a tenderer to remedy the effect of any errors or omissions in the calculation of the tender price or rate; and

5.3.3 by agreement with a tenderer, otherwise amend the tender of the tenderer to remedy the effect of any errors or omissions.

6. ACCEPTANCE OF TENDER

6.1 Acceptance of tender

The successful tenderer will be notified in writing of the acceptance of its tender. The notification of the acceptance of tender will create a contract between the parties on the basis of the successful tenderer's tender and the Contract Documents. The successful tenderer must execute and return to the Council a formal agreement in the form of the Contract Documents, as amended by the insertion of any details which tenderers are required to include in tenders (including any documents or

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information provided to the Council for the purposes of sub-clause 4.2) within 7 days of its receipt from the Council.

6.2 Guarantee

Tenderers are advised that the Council may accept a tender on condition that a guarantee in respect of the Contractor's obligations under the Contract is executed by persons or bodies corporate specified in the Council's acceptance. The successful tenderer will be required to determine if it is willing to undertake the Contract on this condition within a fixed time.

7. PROBITY OF TENDER PROCESS

7.1 Statutory Declaration A statutory declaration in the form of Schedule 7 must be made by a person authorised to make such a declaration on behalf of the tenderer and submitted with its tender.

7.2 Canvassing Tenderers must not approach, or request any other person to approach-

7.2.1 any member of the Council's staff; or

7.2.2 Councillor of the Council

individually:

7.2.3 to solicit support for their tenders; or

7.3.4 otherwise seek to influence the outcome of the tender process.

The tender of any tenderer which engages in conduct prohibited under this sub-clause 7.2 may not be considered by the Council.

8. NEGOTIATION Council reserves the right to negotiate with the preferred tenderer(s) within sixty (60) days after the close of tender.

9. APPOINTMENT TO PANEL

Appointment to the Panel in no way guarantees any minimum volume of work to the contractor. The contract does not imply exclusive use by Council, and Council reserves its rights to engage contractors not appointed to the Panel where Council considers it reasonable and appropriate.

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Contract No: 1726 Page 71 Title: Panel for the Provision of Carpentry and Handyman Services

SCHEDULE 1 The Services to be provided under the Contract are (sub-clause 2.1): Refer to Section 3 (Specification) for further detail. The location at which the Services are to be provided under the Contract is (sub-clause 2.2): Within the municipal district. The member or members of the Council’s staff is or are (sub-clause 2.4); Contracts Unit, Port Phillip City Council. Email through the online forum www.tenderlink.com./portphillip The location of the Tender Box is (sub-clause 3.2): www.tenderlink.com/portphillip or St Kilda Town Hall, 99a Carlisle Street, St Kilda, Victoria, 3182 The time and date by which Tenders must be lodged are (sub-clause 3.3): 3.00pm, Friday 11 November 2011 If Tenders are to be lodged in the Tender Box, the required number of copies is (sub-clause 3.4): Four copies (if submitting in hardcopy) The documents and information to be supplied by the Tenderer are (sub-clause 4.2): The completed schedules 2, 3, 4, 5, 6 & 7 The evaluation criteria are (sub-clause 5.1)

1 Price

2 Capacity to meet the requirements of the Specification.

3 Relevant experience and track record.

4 Environmental Management.

5 Occupational Health and Safety System.

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Contract No: 1726 Page 72 Title: Panel for the Provision of Carpentry and Handyman Services

SCHEDULE 2 Tender The party/parties (delete whichever is not applicable) specified below hereby Tender to undertake the Contract in consideration of the making of the following payments.

THE TENDERED PRICE MUST INCLUDE GST

Section A – Carpentry and handyman services – Monday to Friday - business hours (7:00am to 5:00pm)

Item Year 1 $

Year 2 $

Year 3 $

Hourly rate for the provision of services (including all administration, management, supervision and labour).

Section B – Carpentry and handyman services – Monday to Friday - after hours (5:00pm to 7:00am)

Item Year 1 $

Year 2 $

Year 3 $

Hourly rate for the provision of services (including all administration, management, supervision and labour).

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Tender No: 1726 Page 73 Title: Panel for the Provision of Carpentry and Handyman Services

Section C – Carpentry and handyman services – Weekends

Staff member Year 1 $

Year 2 $

Year 3 $

Hourly rate for the provision of services (including all administration, management, supervision and labour).

Section D – Carpentry and handyman services – Public holidays

Staff member Year 1 $

Year 2 $

Year 3 $

Hourly rate for the provision of services (including all administration, management, supervision and labour).

Note:

The prices for year 4 and 5 of the contract term would be calculated as follows:

for year four of the contract (if extended by Council) – the applicable price at date to be inserted adjusted by the weighted average inflation rate

(Melbourne) for the month to be inserted quarter.

for year five of the contract – the applicable price at date to be inserted adjusted by` the weighted average inflation rate (Melbourne) for the month to be inserted quarter.

The tenderer warrants that if it is submitting the tender on behalf of a trust that it is the trustee for that trust. [Please note: if the tender submission is being made by a trustee on behalf of a trust please enter the name of the trustee as well as the name of the trust. i.e: ABC Pty Ltd as trustee for the ABC trust]. DATED______________________________ 2011

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Tender No: 1726 Page 74 Title: Panel for the Provision of Carpentry and Handyman Services

1. If the Tenderer is a company and is required to execute documents under seal,

it must execute this Tender under seal:

THE COMMON SEAL of )

________________________________ ) Hereunto affixed in accordance with its Articles of Association in the presence of: ) ________________________________ Director

________________________________ Secretary

2. If the Tenderer is a company and is not required to execute documents under

seal, the following execution clause must be used: EXECUTED by ) ______________________________ ___ in ) Accordance with Section 127 of the ) Corporations Act 2001 by: __________________________________ Director __________________________________ Full Name __________________________________ Usual Address __________________________________ Director __________________________________ Full Name

__________________________________ Usual Address

3. If the Tenderer is a body corporate other than a company, the appropriate

sealing clause should be inserted. An example follows: EXECUTED by ) ___________________________________ by being ) signed by those persons who are authorised to sign for the body corporate ___________________________________ Office - holder ___________________________________ Full Name __________________________________ Usual Address __________________________________ Office Holder

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__________________________________ Full Name __________________________________ Usual Address

4. If the Tenderer is an individual:

SIGNED SEALED AND DELIVERED by ) ___________________________________ ) In the presence of: ) ___________________________________ ___________________________________ Witness

5. If the Tenderer is a partnership (add extra execution clauses as necessary):

SIGNED SEALED AND DELIVERED by ) __________________________________ ) in the presence of: ) __________________________________ __________________________________ Witness

SIGNED SEALED AND DELIVERED by ) __________________________________ ) in the presence of: ) __________________________________ __________________________________ Witness

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SCHEDULE 3 Tenderers are required to submit such information as is necessary to enable the Council to assess their ability to carry out the Services. This questionnaire has been prepared to assist tenderers in supplying this information.

Tenderer’s name (note: it is essential that the correct name of the tenderer (i.e. the legal entity) be provided

ACN

ABN

Contact Name

Contact Title

Address

Telephone – Landline

Telephone - Mobile

Facsimile

E-mail

Website (if any)

1. Is the Tenderer an individual, partnership, company limited by shares or other

form of body corporate?

______________________________________________________________

If a partnership, give name and address of partners: ______________________________________________________________

______________________________________________________________

2. How many years has the Tenderer been in business as a contractor under its

present business name? ______________________________________________________________

______________________________________________________________

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3. In what other type of business has the Tenderer a financial interest?

______________________________________________________________ 4. How many years experience has the Tenderer had in the type of work it would

be required to perform under the Contract?

______________________________________________________________ 5. List work of a similar type that the Tenderer has performed in the past.

Description of

Work

Annual Value

When started

Expiry Date

Location of Work and for whom

Work Performed

6. What is the experience of the principal staff of the Tenderer in the type of work

it would be required to perform under this Contract?

Name and Position

Location and Description of Work and for Whom work Performed

In what Capacity

7. What equipment does the tenderer own at present that will be available for this

Contract? _______________________________________________________________

______________________________________________________________

8. State the number of personnel that the Tenderer intends to employ on

performing this Contract. Personnel_______________________________________________________

_____________________________________________________________________

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9. Location of depot (if applicable) the Tenderer intends to use for this Contract. (Note: Council will not provide any equipment or facilities for use).

______________________________________________________________

10. The Tenderer’s financial ability to carry out the Services.

Note:

Short listed Tenderers may be asked to provide copies of their financial statements; and

Council may conduct credit checks on short listed Tenderers. 11. List banks or other financial institutions from which references may be obtained.

______________________________________________________________ 12. List names and telephone number of professional referees.

Name Position Organisation Telephone

Note: Port Phillip City Council staff are not permitted to act as referees.

13. Other information or documents to be supplied by the Tenderer:

13.1 Details of proposed sub contractors Response

13.2 Is the tenderer a licensed commercial builder?. What other licences, professional affiliations or certifications are held?

Response

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13.3 Which of the following services can the tenderer provide

– carpentry, brickwork, plastering, welding, concreting, paving, glazing, stonework and fencing?.

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SCHEDULE 4 Statement of Conformance (Refer clause 1.2 of these Tender Conditions) The tenderer must signify whether its tender is a Conforming Tender or a Non-Conforming Tender by striking out below that which is not applicable. The Tender is a **Conforming Tender/Non Conforming Tender** Should the Tender be a Non-Conforming Tender, the Tenderer must list below all areas or non-conformance and the reasons for the non-conformance. The Tenderer must also value each non-conformance so that, if the non-conformance is unacceptable to the Council, the Tender prices or rates can be adjusted accordingly. If a non-conformance is not priced and is unacceptable to the Council, the Tender may not be further considered. To illustrate this aspect, any Tender that does not comply with the conditions of tendering may be deemed non-conforming. The Tender Evaluation Panel will review the degree of non-conformance to determine whether the Tender may be considered. Generally, minor non-conformance may be resolved with Tender Evaluation Panel Chairperson liaising with the Tenderer to rectify the problem. However, the following items will be deemed non-conforming: (a) if not all Tender schedules were submitted; (b) if the Tender submission is not signed by a duly authorised officer; (c) if not lodged (in full) prior to the closing time; (d) if providing alternative terms and conditions; (e) if lack of clarity of the entity responding; (f) if a Tenderer lodges multiple tenders for the invitation; (g) if the Tender contains any qualification, condition or indication that the

Tenderer is not willing to perform the contract in accordance with the contract documents; and

(h) if not complying with the Tender probity requirements. If a Tender has multiple non-conformances, the Tender will be deemed non-confirming and shall not be considered. Area of Non-Conformance and Reason Value of Non-Conformance ($)

NAME OF TENDERER________________________________________________

SIGNATURE OF TENDERER:_______________________DATE___________2011

(or authorised representative)

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SCHEDULE 5

Receipt of Addenda The Tenderer is to list below addenda that it received prior to the Closing Time for Tenders from the Council. The Tenderer acknowledges that its Tender has been prepared having regard to these addenda.

Addenda No Brief Description (with page no, clause no. or schedule no.

Date Received

NAME OF TENDERER:________________________________________________ SIGNATURE OF TENDERER:_____________________DATE____________2011

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SCHEDULE 6

Tenderers must complete the following Tenderer OHS Management System Questionnaire as part of their Tender submission. The Tenderer must certify that all details in the questionnaire, and any supporting documentation, are accurate by signing in the space provided at the end of the questionnaire. Failure to complete and certify the questionnaire will be grounds for rejection of the Tender. Tenderers will be required to verify their responses noted in their questionnaire by providing evidence of their ability and capacity in relevant matters.

Yes No

1 OHS POLICY AND MANAGEMENT

1.1 Is there a written health and safety policy?

If yes provide a copy of policy. Comments ......................................................................……………...............

1.2 Does the tenderer have an OHS Management System certified by a recognised independent authority (e.g.: SafetyMAP)?

If yes provide details .....................................................……………......

1.3 Does the tenderer have an OHS management system manual or plan?

If yes provide a copy of contents page(s). Comments.....................................................………………………

1.4 Are health and safety responsibilities clearly identified for all levels of staff?

If Yes provide details..........................................………….........

Reference to own Manual

2 SAFE WORK PRACTICES AND PROCEDURES

2.1 Has the tenderer prepared safe operating procedures or specific safety instructions relevant to its operations?

If yes, provide a summary listing of procedures or instructions. Comments.....................................................…………………….

Reference to own Manual

2.2 Does the tenderer have any permit to work systems ?

If yes, provide a summary listing or permits................................…...……………………………………

Reference to own Manual

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Yes No

2.3 Does the tenderer have a policy or procedure covering the prevention of falls at work?.

If yes, provide a summary listing of procedures or instructions. Comments.....................................................…………………….

Reference to own Manual

2.4 Is there a documented incident investigation procedure?

If yes, provide a copy of a standard incident report form.

Reference to own Manual

2.5 Are there procedures for maintaining, inspecting and assessing the hazards of plant operated/owned by the tenderer?

If yes, provide details ......................................................………......……………………

Reference to own Manual

2.6 Are there procedures for storing and handling hazardous substances?

If yes, provide details.................... ……..….....…………………..

Reference to own Manual

2.7 Are there procedures for identifying, assessing and controlling risks associated with manual handling?

If yes, provide details............………………………………………

Reference to own Manual

3 OHS TRAINING

3.1 Describe how health and safety training is conducted in the Tenderer’s organisation. .....................................................………………………………….

3.2 Is a record maintained of all training and induction programs undertaken for employees in the Tenderer’s organisation?

If yes, provide examples of safety training records..........……….....................................................................

4 HEALTH AND SAFETY WORKPLACE INSPECTION

4.1 Are regular health and safety inspections at worksites undertaken?

If yes, provide details................................................…...…………......………..…

4.2 Are standard workplace inspection checklists used to conduct health and safety inspections?

If yes, provide details or examples.............................................….....………………………

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Yes No Reference to own Manual

4.3 Is there a procedure by which employees can report hazards at

workplaces?

If yes, provide details .....................................................…………........…………………

Reference to own Manual

5 HEALTH AND SAFETY

5.1 Is there a workplace health and safety committee?

5.2 Are employees involved in decision making over OHS matters?

If yes, please provide details...................................................……......………………………

Reference to own Manual

5.3 Are there employee elected health and safety representatives?

Comments.....................................................………………….…

…………………………………………………………………………

6 OHS PERFORMANCE MONITORING

6.1 Is there a system for recording and analysing health and safety performance statistics?

If Yes provide details ....................................................……………......……………….....

6.2 Are employees regularly provided with information on organisational health and safety performance?

If Yes, provide details. .....................................................…………...................................

…………………………………………………………………………

6.3 Has the tenderer ever been charged with an occupational health and safety offence?

If Yes, provide details. ..................................................……………..................................

…………………………………………………………………………

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ENVIRONMENTAL MANAGEMENT QUESTIONNAIRE This questionnaire forms part of the Council’s Tender Evaluation process and is to be completed by Tenderers and submitted with their Tender. The objective of the questionnaire is to provide an overview of the status of the Tenderer’s environmental management. Tenderers may be required to verify their responses noted in their questionnaire by providing evidence of their ability and capacity in relevant matters.

Yes No

1 ENVIRONMENTAL POLICY AND MANAGEMENT

1.1 Is there a written environmental policy?

If yes, provide a copy of policy.

Comments ......………………………………………...................................…

1.2 Does the tenderer have an environmental management system certified by a recognised certification authority?

If yes, provide details ............................................…...……………..................................

…………………………………………………………………………

1.3 Does the tenderer have an environmental management system manual or plan?

If yes, provide a copy of contents page(s). Comments ......…………………………………………………............................

…………………………………………………………………………

1.4 Are environmental protection responsibilities clearly identified for all levels of staff?

If yes, provide details .....................................................…………...................................

…………………………………………………………………………

2 ENVIRONMENTAL EMERGENCY PREPAREDNESS

2.1 Does the tenderer have emergency procedures prepared in the event of an environmental incident?

If yes, provide a summary listing of procedures or instructions. Comments ...................................................…………….……………...............

…………………………………………………………………………

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2.2 Does the tenderer have any Environment Protection Authority

licences or permits?

If yes, provide a summary listing of licences and permits

2.3 Does the tenderer have a documented environmental incident investigation procedure?

If yes, provide a copy of a standard environmental incident report form.

2.4 Does the tenderer have a procedure prepared for implementing the necessary corrective action to avoid a repetition of an environmental Incident?

If yes, provide details ......................................................……….….................................

…………………………………………………………………………

3 ENVIRONMENTAL TRAINING AND COMMUNICATION

3.1 Does the tenderer conduct environmental training for employees?

If yes, provide examples of environmental training records .....................................................…………………………………

…………………………………………………………………………

3.2 Is there a procedure in place for employees to communicate ways of improving environmental performance to management?

If yes, provide details ...................................................…………….................................

…………………………………………………………………………

3.3 Is there a procedure in place for documenting and responding to comments and requests from external bodies and other interested parties?

If yes, provide details ......................................................…………..................................

…………………………………………………………………………

4 ENVIRONMENTAL PERFORMANCE MONITORING

4.1 Is there a system in place for recording and monitoring environmental performance?

If yes, provide details .....................................................…………...................................

…………………………………………………………………………

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4.2 Are employees regularly provided with information on the Tenderer’s environmental performance?

If yes, provide details .....................................................…………...................................

…………………………………………………………………………

4.3 Has the tenderer ever been charged with an environmental offence?

If yes, provide details .....................................................…………...................................

…………………………………………………………………………

CERTIFICATION

The information provided in this questionnaire and the attached supporting documentation (if any) is an accurate summary of the tenderer’s (i) occupational health and safety management system and (ii) environmental management system. Signed: …………………………………….. Name: …….…………………………… Position: …………………………………….. Date: ………………………………………

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Tender No: 1726 Page 88 Title: Panel for the Provision of Carpentry and Handyman Services

SCHEDULE 7 Statutory Declaration I, ________________________________________do solemnly and sincerely declare that: Definitions 1 In this Statutory Declaration:

Bidders means any Tenderers for the Contract and includes the Tenderer;

the Contract means the contract that the Tender Conditions to which this Statutory Declaration is a schedule pertains;

Industry Association means any organisation of which Bidders are members;

the Tenderer means (insert name of company, other body corporate, firm or individual); and

Tender Price means the amount indicated by a Bidder as the lowest amount for which that Bidder is prepared to perform the Contract.

*Introduction 2. I am the Tenderer and make this declaration on my own behalf. *Introduction 2.1 I hold the position of __________________________________(insert

Managing Director or other title) of the Tenderer and am duly authorised by the Tenderer to make this declaration on its behalf.

2.2 I make this declaration on behalf of the Tenderer and on behalf of myself.

(*Delete alternative which is not applicable) No knowledge of Tender Prices 3 Prior to the Tenderer submitting its tender for the Contract, neither the

Tenderer, nor any of its employees or agents had knowledge of the Tender Price or proposed Tender Price, of any other Bidder who submitted, or of any person, company, other body corporate or firm that proposed to submit, a Tender for the Contract.

Disclosure of Tender Price 4 Prior to the close of tenders for the Contract, neither the Tenderer nor any of its

employees or agents, disclosed the Tenderer’s Tender Price to: 4.1 any other Bidder who submitted a Tender for the Contract;

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Tender No: 1726 Page 89 Title: Panel for the Provision of Carpentry and Handyman Services

4.2 any person, company, other body corporate or firm proposing to submit a Tender for the Contract; or

4.3 any person or organisation connected or associated with a Bidder, person,

company, other body corporate or firm of a kind referred to in clauses 4.1 or 4.2.

Provision of Information 5 Neither the Tenderer nor any of its employees or agents, has provided

information, except for a published catalogue or price list normally made available to customers of the Tenderer, to:

5.1 any other Bidder who has submitted a Tender for the Contract; 5.2 any person, company, other body corporate or firm proposing to submit a

Tender for the Contract; or 5.3 any other person, company, other body corporate or firm for the purpose of

assisting in the preparation of a tender for the Contract. Genuine Competition 6. The Tenderer is genuinely competing for the Contract. Industry Association Agreements 7. Neither the Tenderer nor any of its employees or agents, has entered into any

contract, agreement, arrangement or understanding, other than as disclosed to the Council in the Tenderer’s Tender, that the successful Bidder for the Contract will pay any money to, or provide any other benefit or other financial advantage to, an Industry Association in respect of the Contract.

Unsuccessful Tenderers’ Fees 8. Neither the Tenderer nor any of its employees or agents, has entered into any

contract, agreement, arrangement or understanding that the successful Bidder for the Contract will pay any money to, or provide any other benefit or other financial advantage to, any other Bidder who or which unsuccessfully tendered for the Contract.

Qualifications to Tenders 9. Neither the Tenderer nor any of its employees or agents, has entered into any

contract, agreement, arrangement or understanding that Bidders for the Contract would include an identical or similar condition or qualification in their tenders for the Contract.

Conflict of Interest 10. Neither the Tenderer nor any of its employees or agents has a potential or

actual conflict of interest between performing the Contract and any other interest.

I acknowledge that this declaration is true and correct and I make it in the belief that a person making a false declaration is liable to the penalties of perjury.

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Tender No: 1726 Page 90 Title: Panel for the Provision of Carpentry and Handyman Services

Signature:

DECLARED at _____________________________ in the State of Victoria on ____________________________2011 Before Me: Signature: _______________________________________ Full Name: _______________________________________ Address: _______________________________________ Qualifications: _______________________________________ Insert details of basis on which entitled to witness a Statutory

Declaration under section 107A(1) of the Evidence (Miscellaneous Provisions) Act 1958.