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Name of Applicant

TENDER DOCUMENT

SECTION 1 – INFORMATION & QUESTIONNAIRE INCLUDING INSTRUCTIONS FOR RETURN OF TENDER DOCUMENTS

AND

SECTION 2 – FORM OF TENDER AND CONDITIONS OF CONTRACT

for Contract Title:

New Skatepark, Lochgelly Public Park, Johnston Crescent, Lochgelly (LO3450381)

Works Package:

Construction of new skatepark and dedicated floodlighting

THE FOLLOWING DOCUMENT MUST BE COMPLETED IN FULL

TENDERS SHALL NOT BE CONSIDERED WHERE THE REQUESTED INFORMATION HAS NOT BEEN PROVIDED OR THE ANSWER TO ANY QUESTION IN SECTION ONE OR SECTION TWO IS INCOMPLETE

Property ServicesBankhead CentralBankhead ParkGlenrothesFifeKY7 6GH

CONTENTS

of 30 Property Services 30.08.17

Assests Transportation & Environment

Instructions and Guidance for Electronic Tendering Page 3 – 4

Information for Tenderers Page 5

Formal Invitation to Tender and Record of Appendices Page 6

The Tender Procedure Page 7- 10

Questionnaire Part One – Information-Only Criteria Page 11-12

Questionnaire Part Two – Essential Criteria Page 13–20

Questionnaire Part Three – Quality Criteria 1

Form of Tender Page 22

Sub-Contracting Page 24

Form & Conditions of Contract Page 25

Page 2 of 30 Property Services 30.08.17

SECTION 1 – INSTRUCTIONS FOR RETURN OF TENDER DOCUMENTS AND INFORMATION & QUESTIONNAIRE Instructions and Guidance for Electronic TenderingIn the interest of increasing efficiency and reduction of environmental impact, responses to this Tender should be provided electronically via the “Tender Submission Post box” facility available at www.publiccontractsscotland.gov.uk Tenderers are requested to ensure all submissions are in a Word, Excel or PDF format, Microsoft Office 2007. The overall submission cannot exceed 100MB. If numerous files are required to be uploaded, Tenderers must ensure they name each document with a relevant title.

COMPLETING THE DOCUMENT

Tenderers are responsible for ensuring that they have completed the tender fully and accurately, and where relevant that prices quoted are arithmetically correct for the units stated.

Tenderers must complete in full the “Information and Questionnaire” and the “Form of Tender” sections of this document as set by Fife Council and return as detailed within this document. The templates and formats should not be altered by the Tenderer.

TENDER RESPONSE

Applications may only be submitted by e-mail to the e-tendering website noted below.

Tenderers must submit their responses by the given deadline. Registering interest on www.publiccontractsscotland.gov.uk will allow access to download the Tender Documentation. Detailed information on how to do this can be found on http://www.millstream.eu/guides/en-gb/Scotland/Postbox%20-%20Supplier%20Guide.pdf

All documents shall be scanned by PCS for viruses upon upload. If a virus is detected the file will be deleted and the Tenderer shall be notified. Provided the dead-line has not passed, Tenderers can re-submit a clean file.

As corruption cannot be detected, Fife Council’s policy must therefore be to reject any corrupt submission which cannot be viewed. It is the responsibility of the Tenderer to ensure complete and legible submissions.

Please note that supplier postbox responses on PCS have a limit of 10Mb per document and a total of 30Mb per response. If Tenderers require to reduce the information they would like to submit, this should be split into separate files.

CONTINUATION SHEETS AND SUPPLEMENTARY INFORMATION WILL BE DISREGARDED unless specifically requested in these Tender Documents or a Bill of Quantities/Schedule of Rates has been requested to be returned. Coloured photographs and file attachments are not permitted.

Where specifically requested in the document, Tenderers will only be permitted to submit up to 40 documents into the secure post box at www.publiccontractsscotland.gov.uk Any Tenderer wishing to submit more than 40 documents should contact the relevant Procurement Officer as detailed on the “Information for Tenderers” page of this document.

Tenderers should not upload protected or encrypted documents as this would prevent Fife Council from accessing the document.

If a Tender is submitted and a mistake is realised, this cannot be recalled. Tenderers can however resubmit the document, but must alert the Fife Council Lead Surveyor who can be found on the “Information for Tenderers” page of this document to which version should be considered.

It is not advisable for Tenderers to wait until the last minute before creating and despatching the electronic response in case of any unforeseen problems, such as internet connection problems. Tenderers are advised that they should begin uploading their documents at least 2 hours prior to the submission deadline.


http://www.publiccontractsscotland.gov.uk/

http://www.millstream.eu/guides/en-gb/Scotland/Postbox%20-%20Supplier%20Guide.pdf



Please note the following, as failure to fully comply may result in the tender being rejected.

1. Tenderers wishing to be considered for this contract must complete ALL questions in both Section 1 and Section 2. Tenders shall not be considered where the requested information has not been provided or the answer to any question in Section 1 or Section 2 is incomplete. Unanswered questions in Section 2 will be given a "fail" score and will result in the tender being rejected.

2. The Section 1 ‘Information and Questionnaire’ must be completed in full where required. All sections that require to be signed should be signed and dated by an authorised representative of the Tenderer, and uploaded as part of your submission. Please refer to ‘Completing the Document’ on page 3 of these instructions for exceptions.

3. The Section 2 ‘Form of Tender and Contract Conditions’ must be completed in full for all Tenders. All sections require to be completed and should be signed and dated by an authorised representative of the Tenderer, and uploaded as part of your submission.

4. If you are unable to use an electronic signature, or are unable to sign the page and scan it in with your response, please type your name and information into the relevant field. The upload of your submission electronically through Public Contracts Scotland will be sufficient and considered an alternative to a signature.

5. Both Section 1 and Section 2 of this document must be completed in word format. Any other type of format is unacceptable and will result in the tender being rejected.

6. The answers must be inserted to the space provided and should be typed using no less than 10-point text.

7. All completed documents should be uploaded to the Public Contracts Scotland Website in full, as noted above.

8. Tenders cannot be accepted if any of the documents are lodged after the due date or time as indicated on Pages 5 and 6 of the Information and Questionnaire document.

9. The tender documents shall remain electronically ‘sealed’ until the closing date for submissions. Applications may only be submitted electronically to the e-tendering website noted.

10. Applications submitted by any other means will not be considered.

11. It is the responsibility of the tenderer to ensure that the completed “Tender Contract Documents” are lodged in the manner described above, no later than the prescribed date and time.

12. In the event that any or either of the completed “Tender Contract Documents” and/or any associated documentation of the submission are not returned in the prescribed manner and time, the tenderer's offer may be declared invalid.

13. Any Technical queries relating to the e-tendering website should be addressed to the Public Contracts Scotland ‘help-desk’ at 0844 561 0673 or via the online help facility by clicking “Contact Us” on the website.

14. Any clarification prior to submission in the intention or meaning of any part of the document should be submitted via the Public Contracts Scotland (PCS) portal, as per the “TENDER QUERIES “ section below.

15. It should also be noted that when an award decision has been made, the successful tenderer’s original uploaded submission documents should be signed, if not already done so, retrospectively along with the contract conditions, where applicable.

TENDER QUERIESFor all technical questions relating to this Tender, Tenderers must use the on-line facility at www.publiccontractsscotland.gov.uk This can also be accessed to view the questions submitted by other Tenderers together with the corresponding responses - please ensure that proprietary or confidential information is not disclosed in any submitted question.

Once Fife Council has posted a response to the query, the Tenderer shall automatically be notified by email.

Only if Tenderers require to ask a question which is confidential in its nature, should they contact the Procurement Officer, whose details can be found on the “Information for Tenderers” page of this document.

Any contact made directly with any other employee of Fife Council other than the Procurement Officer named in the “Information for Tenderers” page of this document shall be considered a violation of the terms of the response criteria and may be cause for disqualifying a Tender at the sole discretion of Fife Council.



Information for Tenderers

These documents have been prepared to comply with and are referenced to the Fife Council Contract Standing Orders Scheme of Tender Procedures with effect from 24th September 2009 – Last Amended 1 st November 2012 where the EU Consolidated Public Procurement Directive does not apply as a result of OJEU thresholds not being exceeded. A copy can be provided upon request via the PCS portal.

SCOPE OF WORKS

Fife Council Building Services wishes to appoint a suitably qualified sub-contractor to undertake the following works;-


The construction of a concrete skatepark, and installation of column floodlighting. The full installation shall comply with the conditions laid down in the Conditions of Contract and works contained within the Bills of Quantity.It is recommended that tenderers visit the site to familiarise themselves with the full extent and nature of the works requires as no redress will be made at a later date for the lack of such knowledge.

GENERAL REQUIREMENTS FOR CONTRACTORS

Tenderers must evidence that they have the relevant resources necessary to meet the requirement for carrying out any awarded contract, that they have the relevant resources to manage and supervise the works and that they have the ability to carry out this type of work.

It should be noted that a high level of communication and customer-care will be required and co-ordination of sites, staff and quality of work is essential to prevent disruption to the overall construction programme.

Where required, and as noted in Clause 2.7 of these documents, Tenderers must be a member of an appropriate trade association and their staff must be qualified to the relevant regulations and standards.

If your organisation can evidence the capability to carry out the above works in compliance with all aspects of the contract, you are invited to complete the following documents.

TENDER RETURN DATE AND TIME

These documents must be completed in full and uploaded to the Council’s e-tendering website at www.publiccontractsscotland.gov.uk by:

12 Noon on Friday 22nd September 2017

Tenders or any other documentation cannot physically be uploaded after this time.


Formal Invitation to Tender and Record of AppendicesFollowing acceptance of the invitation to tender for the works we have pleasure in enclosing or providing access to the following documents and/or PDF files: Contract No: LO3450381

Location: Lochgelly Public Park, Johnstone Crescent, Lochgelly

Trade: Civils, Electrical

Return by Date: Friday 22nd September 2017

1. Pre Construction Information Attached

2. Applicable Contract ConditionsSBCC Minor Works Building Contract with Contractor’s Design for use in Scotland (MWD/Scot), 2013 edition, incorporating amendment 1, March 2015.

3. Description of the WorksConstruction of concrete skatepark basin and installation of lighting for the facility.

4. Prelims, Bill of Quantities, or Schedules of Work (where applicable)

Attached

5. Preambles / Specifications As specified on Drawings noted below, and within the Conditions of Contract and Preliminaries

6. Drawings L(63)001A; L(63)002; LSP2016-01; LSP2016-02

7. Asbestos Surveys / Reports No asbestos survey available

8. Proposed Programme12 weeks

IMPORTANT – Documents referred to in items 1, 4, 5, 6, 7 and 8 above, where applicable, should be downloaded from the Fife Council’s e-tendering procurement portal, Public Contracts Scotland atwww.publiccontractsscotland.gov.uk


The Tender ProcedureFife Council has adopted an electronic system for managing the tendering process for contracts. The tender submission documents for this contract shall be issued and collected electronically via the e-tendering web-site noted in the Instructions and Guidance for Electronic Tenders / Returns of Electronic Tenders sections of this document.THIS DOCUMENT MUST BE COMPLETED IN WORD FORMAT. ANY OTHER TYPE OF FORMAT IS NOT ACCEPTABLE AND MAY RESULT IN THE TENDER BEING DECLARED INVALID

Evaluation and Award Methodology

Section 1 – Information & Questionnaire and Instructions for return of Tender Documents

The Section One information required is in two parts

Part 1 Information-Only CriteriaPart 2 Essential Criteria

Part 3 Quality Criteria

A simple “Pass” or “Fail” will be applied to all the criteria in part 2 only. Unanswered questions will be given a "fail" and may result in the application being rejected. Questions in Part 3 will be scored.

The Quality Criteria shall be evaluated/scored as per declared methodology.

This contract will be awarded on the basis of Most Economically Advantageous Tender (MEAT) using the pre-determined criteria below, which reflects the commercial and business requirements.

Criteria & Applicable Weightings

CRITERIA WEIGHTING

Quality 30 %Price* 70 %

*The price score shall be allocated by comparing all Tendered costs and the lowest priced tender shall be given the maximum score of 100, and all other tenders shall be allocated a pro-rata score (i.e. lowest price ÷ tendered price multiplied by 100).

The quality related criterion shall be assessed on the basis of the tender and supporting evidence submitted by the Tenderer. The Tenderers scores (see scoring key below) for the quality related criterion will then be multiplied by the appropriate weighting to give a “weighted score” per criteria.

The weighted scores for all criterion shall then be added up to achieve a total score and ranking order of suppliers. The Council does not bind itself to accept the lowest or any tender and reserves the right not to award the Contract.

QUALITYAll tenderers are required to provide responses to the Quality Questions. It is recommended that this document is read in full before answering these questions. Tenderers are to provide an individual response to Questions, clearly identifying the question they are responding to.Tenderers should take note of all award criteria and ensure that adequate information is provided with their tender submission to allow the Council to apply an accurate score. Failure to present this information shall result in a low or nil score where applicable.In order to allow effective and efficient comparison of responses tender returns, additional reference material will not be considered so do not submit any additional information.

PRICETenderers shall fully complete the Bill of Quantities. Tenderers must price for all of the items and follow the instructions for totalling up prices. Tenders must be submitted exclusive of VAT.The Tender Price will be as indicated in the Bill of Quantities. Please refer to Appendix 1 for the scoring mechanism and weightings that will apply to the answers to these Quality Questions and the Tender Price.

SCORING KEY:

0 Very Poor – nil or inadequate response. Fails to demonstrate an ability to meet the requirement. 1 Poor – response is partially relevant and poor. The response addresses some elements of the

requirement but contains insufficient/limited detail or explanation to demonstrate how the requirement will be fulfilled.

2 Acceptable – response is relevant and acceptable. The response addresses a broad understanding of the requirement but may lack details on how the requirement will be fulfilled in certain areas.

3 Good – response is relevant and good. The response is sufficiently detailed to demonstrate a good understanding and provides details on how the requirements will be fulfilled.

4 Excellent – response is completely relevant and excellent overall. The response is comprehensive, unambiguous and demonstrates a thorough understanding of the requirement and provides details of how the requirement will be met in full.

A score will be applied to each individual Award Criteria question posed.

Fife Council reserves the right to require the Tenderer to clarify its Tender in writing and/or provide additional information. Tenderers are required to respond to requests for clarification by any given deadline. If in the opinion of Fife Council the Tenderer fails to provide an adequate response to one or more points of clarification, the Tenderer may be excluded from progressing further in the process.

Questions for assessment of award criteria

The Qualitative questions look to address aspects such as Security; Health and Safety; Environmental Issues / Sustainability; Performance Standards; Performance Monitoring and Complaints Procedure; Management and Staffing; Quality Control; Delivery Proposals and Methodology

Tender Returns

In order to allow effective and efficient comparison of responses tender returns, a maximum word limit/page limit may be stipulated. Additional reference material will not be considered so do not submit any additional information.

Section 2 – Form of Tender and Conditions of Contract

Tenderers that are fully compliant and have “passed” Section 1 shall have their Section 2, Form of Tender checked. It is the Tenderer’s responsibility to check and ensure accuracy of any and all calculations within their submission. Fife Council will check all Tenders opened in compliance with the JCT Tendering Practice Note 2012. A recommendation for award, if any, will be made following analysis to identify the most economical compliant tender.

Confirmation of Award Decision Notice

Fife Council is not bound to accept or award these works to the lowest, or any tender. All Tenderers, successful or otherwise, and all companies “Notes of Interest”, are advised that an Award Notification shall be posted on the Public Contracts Scotland portal by Fife Council Property Services, where appropriate. No unsuccessful letters / notifications will be issued.

Due Diligence and Competency

Fife Council Property Services (FCPS) are committed to comply with all current Construction (Design & Management) Regulations and relevant guidance, such as, HSE approved code of practice L144. When engaging an organisation or individual to carry out construction works / services, FCPS have a duty of care to meet the legal health and safety requirements. These include all reasonable steps to ensure all appointed contractors are competent in relation to

Sufficient knowledge of the tasks to be undertaken and the risks involved

The experience, resources and ability to carry out their duties in relation to the project, to recognise their limitations and take appropriate action to prevent harm to those carrying out construction work, or those effected by the works.

Any appointee (Contractor) must evidence and demonstrate the competency of any sub-let portion (sub-contractors) of the works / services in meeting said regulations. In addition the Contractor is

obligated to inform us, as the Client, the sub-contracting by them and the process of measurement of competence of their sub-contracting within a reasonable contract period prior to the start of works to confirm the competency of said sub-contractor by us, the Client. Failure to do so in itself will render a lack of competence by you as the appointee.

Fife Council reserve the right to invoke due diligence in relation to any organisation’s or individual’s submission at any stage throughout the procurement process to evidence competency under Health & Safety Regulations, independent checks of resources and financial reference data, independent investigations of similar works, site visits, historical data and any other checks or investigations as deemed necessary, to ensure any organisation or individual can demonstrate the required competency.

Due Diligence and Competency (continued)

This may include, but is not restricted to, independent checks of similar type and size of works via references. For example, where an organisation or individual has not previously carried out works for FCPS, we shall require four references, of which two shall be approached at our selection, and where requested provide details and / or photographic evidence of two examples of previous similar sized and work content projects. Similarly, where an organisation or individual has previously carried out works for FCPS or Fife Council Building Services (FCBS), or such company can show expansion development, they may also require to provide similar evidence.

Escalation Process

Fife Council implements an escalation process. For further details of this process please contact;-

Greig Hill, [email protected], tel.no. 03451 55 55 55 ext. 480141

Conditions of Contract

The Contract Conditions applicable to these works shall be chosen from the “SBCC Minor Works Building Contract for use in Scotland (MW/Scot), 2011 edition, incorporating amendment 1, March 2015”. The detailed information provided with respect to any drawings, drawing excerpts, specifications, bills of quantities or schedules of work to accompany this notification will also form part of the tender and contract documentation. Please refer to Record of Appendices on Page 6 for the applicable conditions for this work package.

Blacklisting

The Supplier must not commit any breach of the Employment Relations 1999 Act (Blacklists) Regulations 2010 or section 137 of the Trade Union and Labour Relations (Consolidation) Act 1992, or commit any breach of the Data Protection Act 1998 by unlawfully processing personal data in connection with any blacklisting activities. Breach of this clause is a material default which shall entitle the Purchaser to terminate the Contract.

Data Matching – Trade Creditors

Fife Council has a duty to protect the funds it administers and for this purpose may use the information you provide to the Council during the tender process, or during any resulting contract, to assist in the prevention and detection of fraud. Data matching involves comparing computer records held by Fife Council against other computer records held by the Council or other body. This is usually personal information. Fife Council may share the information provided in successful tenders, or during any resulting contract, with other bodies for the prevention and detection of fraud. All collection, use and storage of personal information will be in accordance with the Data Protection Act 1998.

mailto:[email protected]

Default in Service Delivery of Individual Programmes of Work

1 The Contractor is required to perform the Work Programme issued in accordance with the Conditions of Contract

2 The Contractor must not:

i. Fail to begin the Works without good reason. ii. Fail to continually carry out the Works without good reason.iii. Commit a material breach of any of its obligations under the Conditions of Contract.iv. Fail to deliver within the specified time on Works Programme without good reason.v. Submit untrue, incorrect or false statements to the Employer.vi. Take part in collusive or corrupt practices.

Collateral Warranties (where design required)

Where design input is required from the Tenderer, a collateral warranty agreement will be required which shall be in the form of Fife Council’s Legal Services standard Collateral Warranty format. Tenderers should note the requirement for Professional Indemnity Insurance as stated elsewhere within this document. The warranties must be issued, agreed, completed, signed and returned prior to commencement of any works.

Freedom of Information

Fife Council is committed to meeting its responsibilities under the Freedom of Information (Scotland) Act 2002. Accordingly, all information submitted to the Council may require disclosing or publishing by the Council.

If you consider that specific information provided to the Council is potentially exempt from disclosure under the Act (where, for example, it is considered to be commercially confidential), please identify exactly which information you consider is exempt, state the period of sensitivity and provide justification for your assertions (for example, identify what harm may result from disclosure). You should note that the Council is not bound by your views and may in its absolute discretion disclose and/or publish any such information in order to comply with the “Act.”

Sustainable Development

Fife Council and Property Services have an expectation that any Contractor appointed under this contract shall fully adopt the sustainable development aspirations of the Council described in the “Big 8” Objectives as outlined in Fife Council’s published documents. The Sustainable Development Unit will monitor this contract and have a pivotal role in promoting sustainable development within the Council and beyond, motivating and enabling staff to integrate sustainability into their areas of work and providing them with support and assistance.

Fife Council strongly supports the Scottish Executive initiative and encourages the use of recycled or reused materials on construction projects.

Copyright Copyright of all data and materials produced as a result of this contract will belong to the Client and may not be reproduced, transmitted or circulated in part or in whole by the Contractor to any third party without the written consent of the Client. The Client will be free to use the said data and materials in any way they see fit, and to authorise or assign other such rights or uses, as they consider appropriate. The Contractor shall not be entitled to any additional payment in respect of any such use. No publicity of this brief or subsequent data or materials will be allowed without prior agreement with the Client. The Contractor must treat all information gained in the course of the contract in confidence, and any potential conflicts of interests should be noted in the Contractor’s submission.

Questionnaire Part One – Information-Only Criteria

1.1 Name of the Tenderer submitting this questionnaire and the address from which the Project Team would operate

Name:

Address:

Contact Name: Designation:

Tel No: Fax No:

E-mail: Website

1.2 Discipline, qualification and quantity of staff and workforce who are permanently and fully employed on building or related services within the Tenderers organisation.

Discipline / Trade Qualification Workforce Quantity

1.3 Please describe which part, if any, of the contract services will be provided by other organisations. (Please also complete in the Form of Tender section of your Tender Submission)

Name

Address

Nature of contribution to the contract services:

Contact Name: Designation:

Tel No: Fax No:

E-mail: Website:

Part One – Information-Only Criteria (continued) Fife Council Property Services has requested the following details for information only. In no manner will these criteria be involved or taken into account in assessing the Tenders submitted.

1.4 Relevant Trade Associations you are registered with

Please indicate, where relevant, any trade associations you may be registered with, if any (including your registration number). In completing the following, the Tenderer agrees that, when required, they will forward all documentation requested by the FCPS on request prior to appointment, and in any case not less than fourteen days prior to work commencing, for inclusion in the Construction Phase Health and Safety Plan.

Registration No Yes No

Construction Line

CHAS

Recognised Quality Management Scheme (please state)

Has your organisation been assessed as compliant by any commercial Health & Safety pre-qualification scheme (such as those recognised by “Safety Schemes in Procurement” SSIP or other “deemed to satisfy”. If “Yes” please name the scheme(s) applicable:

Other (please state)

Signed

Status

For and on behalf of

Date

Place

Questionnaire Part Two – Essential Criteria

Fife Council Property Services has requested the following details to assist in the selection process. These essential criteria will be taken into account in assessing all Tenders received.

Pass Fail

2.1 HISTORICAL DATA

1. Name of Bank:(from which a financial reference may be sought).

2. Address:

3. Telephone Number:

4. Suitable contact name:

5. Telephone Number:(if different)

6. Provide details of the following financial information (in £ Sterling) for the last 2 years (last 2 years of audited accounts):(if you cannot provide these details, please give a full explanation)

Year to …£

Year to …£

A Annual Turnover

B Net Profit After Tax

C Fixed Assets

D Current Assets

E Current Liabilities

F Long Term Liabilities

G Net Assets/Shareholder Funds

NEW BUSINESSES THAT DO NOT HAVE FINANCIAL INFORMATION AVAILABLE WILL NOT BE AUTOMATICALLY DISQUALIFIED PROVIDED THEY ARE ABLE TO PROVIDE ADDITIONAL INFORMATION AND DOCUMENTATION THAT GIVES THE COUNCIL THE ASSURANCE THAT THEY ARE CAPABLE OF CARRYING OUT ANY SUBSEQUENTLY AWARDED CONTRACT.

The above information will be used to assess the financial suitability for the Council to contract with your Organisation.

Fife Council reserves the right to request a copy of the organisation’s audited accounts or relevant documentary evidence in order to validate the information provided above.

In addition, where the supplier organisation is a subsidiary in a group, the responses described in A) through C) are required for the organisation with overall responsibility for the group.

Where a consortium or association is proposed the responses described in A) through C) are required for each member of the consortium. The financial information provided will be assessed in the following way(s):

Works Contracts - Where the percentage of the Contract Value to Annual Turnover (A above) is less than 40% or where the ‘Current Ratio’ of Current Assets (D above) divided by Current Liabilities (E above) is 1.5 or greater, no further checks will be made.

Where the results fall out with the prescribed parameters detailed above more in depth financial checks will be carried out on the Organisation by Fife Council’s Finance Department in order to gain a fuller picture of the financial health of your organisation and a qualitative judgement will be made. These further financial checks may include a credit rating check, and analysis of audited accounts looking at aspects such as profitability & cash flow. Where appropriate Fife Council may ask organisations to secure one of the following: a parent company guarantee, a performance guarantee bond, a bank guarantee, an advance payment bond.

Please note that those organisations which in the opinion of Fife Council would not have the financial capacity to deliver the requirements of the contract as set out in the Invitation to Tender may be excluded from further participation in the procurement process.

Please Note:It should be noted that as part of any post tender due diligence, Fife Council may request further detailed financial information for (usually, but not restricted to) work packages in excess of £150,000 to enable Fife Council to carry out a more robust financial background analysis.

Yes No

2.2 PUBLIC LIABILITY INSURANCE

Evidence of minimum cover of £5,000,000 for each and every claim will be required from the successful tenderer. At this stage, please indicate whether your organisation has this level of cover in place. In completing this section, Tenderers agree that, if successful in being awarded the works, they will forward all certification required by the Main Contractor prior to appointment and award, for inclusion in the Construction Phase Health and Safety Plan.

Yes No

If NO If NO – Would you increase your cover to the minimum cover required if you were successful in your tender?

Yes No

2.3 EMPLOYERS LIABILITY INSURANCE

Evidence of minimum cover of £10,000,000 for each and every claim will be required from the successful tenderer. At this stage, please indicate whether your organisation has this level of cover in place. In completing this section, Tenderers agree that, if successful in being awarded the works, they will forward all certification required by the Main Contractor prior to appointment and award, for inclusion in the Construction Phase Health and Safety Plan.

Yes No


Part Two – Essential Criteria (continued)

Yes No

2.4 PROFESSIONAL IDEMNITY INSURANCE (where relevant)

Evidence of minimum cover of £250,000 for each and every claim will be required from the successful tenderer. At this stage, please indicate whether your organisation has this level of cover in place. In completing this section, Tenderers agree that, if successful in being awarded the works, they will forward all certification required by the Main Contractor prior to appointment and award, for inclusion in the Construction Phase Health and Safety Plan.

Yes No


NB. If you have stated willingness to increase any of the above insurance level(s) please include a letter from your insurance company confirming that they would be willing to provide this level of cover.

Pass Fail

2.5 FREEDOM OF INFORMATION

Tenderers should be aware that information provided as part of this tender submission will be subject to the Freedom of Information Act. Any member of the public is entitled to seek access to the information contained in the submissions and may be given full access without further reference to the tenderer.

Yes No

Accepted

Pass Fail

2.6 HEALTH & SAFETY

Tenderers attention is directed to the information on Fife Council Health & Safety Rules which can be viewed and downloaded by clicking on the undernoted hyperlink Fife Council Health & Safety (Corporate Information).

Confirmation is required that you are compliant with all current legislation and that your organisation has a clear Health and Safety Policy.

In completing this section, Tenderers agree that, if their Tender bid is successful for the works, they will on request and in any case not less than fourteen days prior to work commencing, forward a copy of their Construction Phase health & Safety Plan, including all relevant and specific method statements, risk assessments, COSHH information etc as required.

Yes No

Accepted

http://www.fifedirect.org.uk/topics/index.cfm?fuseaction=subject.display&subjectid=D79D8BE2-7751-4C31-B380B9DB057EBE6F&themeid=CF1A6730-CD2E-2956-93489E941E29AD03

Part Two – Essential Criteria (continued)

2.7 RELEVANT SPECIALIST CERTIFICATION / ACCREDITATION

Where relevant to the described “Scope of Works”, please indicate which of the following trade associations you are registered with, if any (including your registration number).

In completing this section, Tenderers agree that, if their Tender bid is successful for the works, they will, on request and in any case, not less than fourteen days prior to work commencing, forward all certification required by the Main Contractor prior to appointment.

Registration No. Pass Fail

NICEIC or Select

MCS Certificate N/A

B&ES (formally HVCA) N/A

DATA/FIBRE: FIA (Fibreoptic Industry Association) N/A

Lightning Protection: ATLAS Registration, SLPTG Registration or equivalent N/A

LIFTS: LEIA Registration N/A

FIRE: BAFE SP203-1 (Modules 2, 3 & 4) or LPS 1014

FIRE: NSI Fire Gold or SSAIB (in conjunction with an ISO 9001 registration to be entered under 1.4)

INTRUDER: NSI NACOSS Gold N/A

DOOR ACCESS: NSI NACOSS Gold N/A

CCTV: NSI NACOSS Gold N/A

Pass Fail

2.8 NON CANVASSING

I/We certify that I/We have not canvassed or solicited any member, officer or employee of the Council in connection with the acceptance of this Tender or any other Tender or proposed Tender for the services defined in the Contract Documents and that no person employed by me/us or acting on my/our behalf has done any such act.

I/We further hereby undertake that I/We will not in the future canvass or solicit any member, officer or employee of the Council in connection with the award of this Tender or any other Tender or proposed Tender for the services and that no person employed by me/us or acting on my/our behalf will do any such act.

Signed

Status


Date

Place

Part Two – Essential Criteria (continued)Pass Fail

2.9 NON COLLUSION

The essence of selective tendering is that the Council shall receive bona-fide competitive tenders from all those tendering. In recognition of this principle, I/We certify that this is a bona-fide tender, intended to be competitive, and that I/We have not fixed or adjusted the amount of the tender or the rates, prices and percentages quoted by or in accordance with any agreement or arrangement with any other person.

I/We also certify that I/We have not done and I/We undertake that I/We shall not do at any time, before the hour and date specified for the return of this tender any of the following acts:-

a communicating to a person other than the Council, the amount or approximate amount of the proposed tender, except where the disclosure, in confidence, of the approximate amount of the tender was necessary to obtain insurance premium or Performance Bond quotations required for the preparation of the tender.

b entering into any agreement or arrangement with any other person that he shall refrain from tendering or as to the amount of any tender to be submitted.

c offering or paying or giving or agreeing to pay or give any sum of money or valuable consideration directly or indirectly to any person for doing or having done or causing or having caused to be done in relation to any other tender or proposed tender for the work any act or thing of the sort described above.

In this Certificate, the word ‘person’ includes any person and any body or association corporate or incorporate; and ‘any agreement or arrangement’ includes any such transaction formal or informal, and whether legally binding or not.

Signed

Status


Date

Place

2.10 NOT USED


2.11 ASBESTOS AWARENESS CERTIFICATIONAt this stage, you must indicate whether your organisation and any sub-contractors proposed by you, and referred to in Section 2, Form of Tender – Subletting, have the required level of competence and training noted below.

I/We certify that I/We will comply with the requirement that //We will be fully compliant with current legislation and the condition that each and every individual operative (this includes any subsequent new starts you or your aforementioned subcontractors may employ) attending any construction site in relation to the works shall have obtained “Asbestos Awareness Training" as described in the HSE's L143 (second edition) Approved Code of Practice associated with Regulation 10 the Control of Asbestos Regulations 2012", and shall carry their certificates at all times.

In completing this section, Tenderers agree that, if their Tender bid is successful for the works, they will on request, and in any case not less than fourteen days prior to work commencing, forward a sample of certification required by the Client prior to appointment and award, and include said certification in their Construction Phase Health and Safety Plan. Mandatory evidential information must be included in the Contractor’s Construction Phase Health and Safety Plan.

Please note, any operative may be asked to produce their certificate at any time by the Contract Administrator, Property Services Representative, Health & Safety representatives, or any other relevant official, and that by signing this document, I/We fully understand the implications of non compliance.

Certification Scheme

Signed

Status


Date Place

Pass Fail

2.12 CONSTRUCTION SKILLS TESTING SCHEME CERTIFICATION

At this stage, you must indicate whether your organisation and any sub-contractors proposed by you, and referred to in Stage 2 Form of Tender – Subletting, have the required level of certification and training noted below. I/We certify that I/We will comply with the Property Services requirement that all proposed operatives attending any construction site in relation to the works, have obtained relevant scheme certification (eg CSCS or equivalent) and shall carry proof of their certification at all times.

In completing this section, Tenderers agree that, if their Tender bid is successful for the works, they will on request, and in any case not less than fourteen days prior to work commencing, forward a sample of certification required by the Main Contractor prior to appointment and award, and include said certification in their Construction Phase Health and Safety Plan. Mandatory evidential information must be included in the Contractor’s Construction Phase Health and Safety Plan.

Please note, any operative may be asked to produce their certificate at any time by the Contract Administrator, Property Services Representative, Health & Safety representatives, or any other relevant official, and that by signing this document, I/We fully understand the implications of non compliance.


Signed

Status


Date Place


2.13 ENVIRONMENTAL, WASTE MANAGEMENT & RECYCLING

Environmental, Waste Management & Recycling Statement

Fife Council has committed itself to halving the amount of construction, demolition and excavation waste going to landfill by 2012. We will work to adopt and implement standards for good practice in reducing waste, recycling more, and increasing the use of recycled and recovered materials’

Waste Carriers License

All Tenderers who carry waste, no matter how small a quantity, must hold an appropriate SEPA license (or equivalent) to do so. By completing this section, you are confirming that your organisation is fully compliant to carry waste, as per the legislation.

In completing this section, Tenderers agree that, if their Tender bid is successful for the works, they will, on request and in any case not less than fourteen days prior to work commencing, forward all certification required by the Main Contractor prior to appointment and award, and include said certification in the Contractor’s Construction Phase Health and Safety Plan. Mandatory evidential information must be included in the Contractor’s Construction Phase Health and Safety Plan.

Waste Carriers License Registration No.

Security of WasteIt is a condition of the submission and acceptance that responsibility of all waste arising from the works package as described in the “Scope of Works” will be the Tenderer’s responsibility whilst on site and to remove from site.

Financial StatementAll costs associated with waste management must be included within your tender and no additional expense will be entertained for any further costs associated with waste management. Any finance generated from the recycling of waste material by any Tenderer should be factored into the project tender submissions, and evidenced by the issue of the appropriate supporting documentation.

Following an Award for the Works - Evidence RequiredAll materials removed from site shall be disposed of in a manner which support our objectives and in a responsible, ethical and accountable manner. Copies of all site waste transfer notes are to be kept on site, along with waste information formatted in a consolidated document such as a site waste management plan (SWMP).

Fife Council Property Services require Tenderers to evidence how, if successful in being awarded any works, you plan to support and align your waste management and recycling strategy to assist Fife Council achieving our objectives. In completing this section, Tenderers agree that, if successful in being awarded the works, they will forward a waste management plan to the CA within fourteen days of prior to work commencing, and include a copy within their Construction Phase Health and Safety Plan.

By signing below, you are confirming that you are in full agreement and in full compliance with all the above.

Signed

Status


Date

Place


2.14 SUSTAINABLE TIMBER REGISTRATION / CERTIFICATION

Fife Council is committed to the purchase of goods, materials and services that minimise or reduce the impact of its activities on the environment.

Members and employees of the Council are committed to achieving the aims of this policy.

The policy supports Fife’s social, economic and environmental well being. It helps meet Fife’s objective to be the Leading Green Council, to reduce our carbon emissions and make Fife a great place to live, work and visit.

Sustainable Procurement PolicyThe Council will only purchase timber from managed and sustainable forests and will specifygoods manufactured from recycled materials as a first choice. (Sustainable Procurement Policy)

With regards to Category A evidenceContractors must without exception quote a current, valid Chain of Custody Number on all invoices and delivery notes for timber provided under this Contract. Only Legal and Sustainable timber can be supplied under the terms of Contract, regardless of the description or details provided under any order mechanism (e.g. Purchase Order etc) and evidence to this effect (e.g. Chain of Custody referencing) must be provided for each transaction and be made available for audit at the request of Fife Council.

With regards to Category B evidenceContractors current, valid Chain of Custody Number must be quoted per the terms stated above and full Category B evidence provided with each transaction to demonstrate segregation and management from the point of transfer to the supplier’s responsibility. Alternative supply may be approved if agreed by Fife Council in writing prior to supply. In order to consider any such alternative supply, Fife Council will require an application in writing from the Contractor and the provision of Chain of Custody and/or Category B evidence (where applicable) for approval.

Timber must be sourced from managed, sustainable resources and documentary evidence shall be required to support this. All successful tenderers will be required to submit their suppliers FSC/PEFC certificate and licence numbers.

FSC License Registration No.

OR

PEFC License Registration No.

Advice notes will be checked on sites to ensure compliance with Fife Council policy regarding supply of certified timber.

Signed

Status


Date

Place

Part Three – Quality Criteria

QUALITY QUESTIONS

Q1: Provide a method statement detailing your proposed procedure for constructing the concrete skate park. This should include details on placing, finishing and curing of the concrete for the ground slab and the sloping/curved elements.

Question Weighting

15%

Q2: Provide details of the individuals intended to be managing/ working on this project and their experience on projects of a similar nature, which they have had significant responsibilities on over the last 4 years.

Question Weighting

15%

Tenderers have been provided details of an example tenderer evaluation submission in Appendix 1

SECTION 2 – FORM OF TENDER AND CONDITIONS OF CONTRACT Form of Tender

WO: LO3450381

Name AddressTel. NoE-mailDate

CONVEYANCING AND CONTRACTS TEAM, LEGAL SERVICESPERFORMANCE & ORGANISATIONAL SUPPORTFIFE HOUSENORTH STREETGLENROTHES

Dear Sir/Madam

I/We hereby offer to execute the Construction of a New Skatepark Facility, Lochgelly Public Park, Johnston Crescent, Lochgelly and that in accordance with the Drawings, Preliminaries, Specification, Bills of Quantities and Conditions of Contract annexed or referred to in your Invitation to Tender for the above works [dated 01/09/2017] and any further Drawings, Instructions or others which may be issued by you in terms of the said Conditions of Contract and that for the sum of

(£ ).

This offer is open for an acceptance to reach me/us within 90 Days of today’s date and, if accepted within that time, will form a binding legal Contract between us.

Yours faithfully,

.............................................

Examination and adjustment of the Priced Bills shall be dealt with in accordance with the Alternative 2 procedure set out in JCT Practice Note - Tendering 2012. (For applicable clauses see Preliminaries Section A30).

The essence of selective tendering is that the Council shall receive bona fide competitive tenders from all those tendering. In recognition to this principle, I/We certify that this is a bona fide tender, intended to be competitive, and that I/We have not fixed or adjusted the amount of the tender or the rates, prices and percentages quoted by or under or in accordance with any agreement or arrangement with any other person.

I/We also certify that I/We have not done and I/We undertake that I/We shall not do at any time, before the hour and date specified for the return of this tender any of the following acts –

a) Communicating to a person other than the Council the amount or approximate amount of the proposed tender, except where the disclosure, in confidence, of the approximate amount of the tender was necessary to obtain insurance premium or Performance Bond quotations required for the preparation of the tender.

b) Entering into any agreement or arrangement with any other person that he shall refrain from tendering or as to the amount of any tender to be submitted.

c) offering or paying or giving or agreeing to pay or give any sum of money or valuable consideration directly or indirectly to any person for doing or having done or causing or having caused to be done in relation to any other tender or proposed tender for the said work any act or thing of the sort described above.

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

I/We confirm that all my/our proposed Sub-Tenderers fully comply with the above.

Tenderer……………………………………..

RETURN OF TENDER DOCUMENTS

The date and time for lodging of the Contract Documents shall be not later than 12 NOON on FRIDAY 22nd SEPTEMBER 2017.

Sub-Contracting*Important* One of the following two sections must be completed so as to verify full compliance with SBCC terms and conditions concerning, in particular, the “Sub-contracting” of any of the works included in the above contracts tendered works.

(1) I/We confirm that all works pertaining to the above contract will be carried out in their entirety, in our contracted position Contractor, using solely our own resources in fulfilment of the contracted works:

Signed

Status


Date

Place

OR (2) I/We confirm that all works pertaining to the above contract will not be carried out in their entirety, in our contracted position of Contractor. The following works will be sub-contracted: Works that will not be undertaken using solely our own resources are (intention to sub-contract):

Trade Name of Company

Specialist Certification / Accreditation

Asbestos Awareness


CSCS(or equivalent)


CIS Card Type / No &

Expiry

Signed

Status


Date

Place

Page 21 of 30 BS-097 Rev 8

Form & Conditions of ContractThe Contract Conditions applicable to these works will be the SBCC Conditions applicable as stated on Section 1 page 6, sub section 2 of the Formal Invitation to Tender and Record Appendices. The detailed information provided with respect to any drawings, drawing excerpts, specifications, bills of quantities up loaded to accompany this notification will also form part of the tender and contract documentation.

Contract Period / Duration: 12 working weeks Start date: October 2017

Liquidated & Ascertained damages To be assessed at the time of delay

Professional Indemnity Insurance As stipulated in Preliminaries

Defects Liability Period: 12 Months after Practical Completion of the Works

Retentions5% until issue of Practical Completion Certificate2.5% from issue of Practical Completion Certificate

Period of Interim Payments As per Fife Council’s Standing Orders.

Contractor’s Details – All contractors submitting a tender must complete the following information as part of their tender submission.

Unique Tax Reference No.

Company Registration No.

NB. If you do not have a Company Registration Number, you are required to forward your National Insurance Number and the exact name of the card holder. National Insurance No.

Card Holder’s Name

Value Added Tax: Exempt / Non Exempt: Not Registered / Registered No

Total Labour Value of Contract:

Dayworks

In accordance with the governing conditions of the Main Contract, we append here under our percentage additions on prime cost, which would be subject to the stated Main Contractor’s Discounts.

Labour - add % Material - add % Plant - add %

Contractor’s requirements (If not in accordance with the programme – where uploaded)

Period required for submission of design drawings N/A weeks

Period for submission of further sub-contractors drawings weeks

Period required for execution of the work: - (1) off site N/A weeks

Period required for execution of the work: - (2) on site weeks

Period of notice required to commence off site works: N/A weeks

Period of notice required to commence work on site: weeks

Yours faithfully,

Signed: Date:

Designation: Company:

Page 22 of 30 BS-097 Rev 8