request for tender - mornington.qld.gov.au · 3 tender document tender – freight and barge...

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Tender Document

Tender – Freight and Barge Service

SPECIFICATION

REQUEST FOR TENDER

Request for Tender (RFT) Register of Pre-Qualified Suppliers

Freight and Barge Service

Opening Time: 12 Noon 5th of October 2018

Closing Time:

12 Noon 26th of October 2018

RFI Number:

Contract Number: 2018-003

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1 SCHEDULE

1.1 RFT PROJECT TITLE

Freight Services - Barge

1.2 RFT NUMBER

2018-003

1.3 CONTRACT REQUIREMENT

Provide Freight and Barge services to Mornington Island and locations such as Sweers Island and Bentick Island. A full statement of the goods and/or services required under the proposed contract appears in the Scope of Work.

1.4 DEADLINE FOR SUBMISSION

Closing time and date for the acceptance of tenders is Noon, Wednesday 19

th of

September 2018.

1.5 SITE INSPECTION

YES/NO DATE TIME

1.6 CONTACT INFORMATION

PROCUREMENT OFFICER

SUPERINTENDENT

NAME

Tatiana Ah Mat

NAME

Frank Mills

PHONE

0437654886

PHONE

0437654886

FAX

0747457275

FAX

0747457275

EMAIL

[email protected]

EMAIL

[email protected]

ADDRESS

1 Mission Road, Gununa, 4892, QLD.

ADDRESS


PRINCIPAL

PHONE

0747457801

FAX

0747457275

EMAIL

[email protected]

ADDRESS


A.B.N

42 971 949 286

1.7 INSURANCE

PUBLIC LIABILITY

Minimum requirement of: $20, 000,000.00

PRODUCT LIABILITY

Minimum requirement of: $20, 000,000.00

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2 PRELIMINARIES 2.1 Definitions In this documentation, unless the context otherwise requires: ‘Addenda’ means addenda to this Request for Tender issued by the Principal from time to time, for the purpose of amending, altering, clarifying, adding to or removing from the form and contents of the Request for Tender. 'Clause' means a clause of this documentation. ‘Closing Date’ means the last date for lodgement of Tenders as specified Section 1.2 or such later date as may be notified in writing to the Tenderer by the Principal. ‘Closing Time’ means the last time for lodgement of Tenders as specified in the Conditions of Tendering or such later time as may be notified in writing to the Tenderer by the Principal. ‘Conditions of Tendering’ means the conditions of Tender set out in this document. Refer Section 3 and sub-clause inclusive. ‘Confidential Information’ includes all information not in the public domain (otherwise than through breach of the confidentiality requirements of the Conditions of Tendering or subsequent contract), provided by the Principal or a Tenderer to the other. 'Contract' means the document(s) that constitutes or evidences the final and concluded agreement between the Principal and the Contractor concerning the performance and provision of the Services. 'Contractor' means the Person who as party to the Contract is bound to execute Services in accordance with the Contract and includes that person's heirs, executors, administrators and permitted assigns and in the case of a corporate body its successors and permitted assigns. 'Contract Price' means: The monetary consideration stated in the Contract for the sale of the Goods/Services to the Principal whether expressed as a lump sum or price per unit or by weight or volume or otherwise; Where payment is to be made on a Lump Sum Basis, the sum which is stated in the contract to be payable to the Contractor for the supply of the Services by the Contractor and the performance of the obligations of the Contractor under the Contract; Where payment is to be made on a Schedule of Rates basis, the sum ascertained by calculating the product of the rates and the corresponding quantities set out in the Schedule of Rates and adding to the sum thereof the total of any lump sums, provisional sums, contingency sums or other sums included in the Schedule of Rates; Where payment is to be made on a Lump Sum and a Schedule of Rates Basis, the aggregate of the sums referred to in paragraphs (a), (b), (c) and (d) above. But excluding any additions or deductions, which may be required to be made pursuant to the Contract. 'Date of Acceptance' means the date, which appears on the notice of acceptance issued by the Principal accepting the Tenderers Tender. 'Date for Delivery' means: Where the Contract or Order specifies a date for delivery, that date; or where the Contract or Order specifies a period of time for delivery, the last day of that period. ‘Day’ means all week days, excluding Queensland recognised public holidays. 'Goods and Services' means the goods the subject of the Contract or such of them as shall be described in the Order and the whole of the services, tasks, work and requisites to be supplied rendered provided or

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performed by the Contractor including all variations provided for by the Contract as more fully set out in the Contract. 'Intellectual Property' includes all copyright and neighbouring rights, and all rights in relation to inventions (including patents) registered and unregistered trademarks (including service marks), registered designs, confidential information (including trade secrets and know how) and circuit layouts, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields. 'Lump Sum' means the total sum which will have become payable to the Contractor by the Principal upon completion of the Contract. 'Notice of Acceptance' means the written notification or official order and any accompanying documentation sent to the Contractor by the Principal advising acceptance of the Contractor’s Tender to provide Services and includes these conditions. 'Official Order' means an order issued to the Contractor by the Superintendent, whether on paper or by electronic means, which conveys the essential details of and instructions for the particular service requirement. 'Person' means a natural person, or a corporation, partnership, joint venture, incorporated association, government, local government authority or agency. 'Personal Information' means all information about a person that is “personal information” as defined in the Information Act, which is collected and/or handled by any of the parties in connection with this Contract. ‘Principal’ means Mornington Shire Council. ‘Procurement Officer’ means the person named in Section 1.4 appointed or authorised by the Principal as the Tender contact. 'Purchase Order' means a purchase order from the Principal to the Contractor requiring the supply of specific Goods and Services. 'Rate' means the rate per any section or item of the Services as stated in the Contract. 'Request for Tender' means the document containing the Conditions of Tendering, the Conditions of Contract, the Annexure, Special Conditions of Contract (if any), Scope of Requirement, and any other document issued for the purposes of inviting tenders for the Services. 'Schedule of Rates' means any schedule included in the Contract which, in respect of any section or item of the Services to be carried out, shows the respective unit rate of payment for performance of that service. 'Scope of Work' means any Special Conditions, Technical Specification, Drawings and Schedules forming part of the Contract; and such Scope of Work shall be read with these General Conditions as an integral part of the Contract, but in the event of any inconsistency between the Scope of Work and these General Conditions the former shall (unless the Contract otherwise provides) prevail. ‘Section’ means an identified Section of the Tender Documents. 'Services' means the services that are to be performed by the Contractor in accordance with the Contract, including all variations provided for by the Contract. 'Sub-Contractor' means a Person who provides goods and services to the Contractor. Where two or more persons are named as a party to this Contract, the terms, conditions and warranties of this Contract shall bind all such persons jointly and each of them severally and they shall be jointly and severally entitled to the benefits and rights conferred by this Contract.

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‘Superintendent’ means the person named in Section 1.4 appointed or authorised by the Principal as the project Administrator. ‘Superintendents Representative’ means the person named in Section 1.5 appointed or authorised by the Superintendent as the project Superintendents Representative, whom the Superintendent may vary in time to time with written notice. ‘Tender’ includes any response to the Request for Tender signed by the Tenderer and lodged as per the requirements outlined in Section 3, Conditions of Tender. ‘Tenderer’ means a person or corporation who lodges a Tender in accordance with this Request for Tender. ‘Tender Evaluation Panel’ means a panel appointed by the Principal to evaluate Tenders. ‘the Council’ means Mornington Shire Council (Principal).

2.2 Interpretations Unless the context otherwise requires, the singular includes the plural and vice versa. The clause headings of the General Conditions of Contract shall not in any way affect their interpretation. Any one gender includes all genders. A reference to persons includes Corporations and vice versa.

2.3 Precedence The precedence of documents in the event of a conflict or inconsistency shall follow the sequence as detailed: i. Statement;

ii. Scope of Work;

iii. General Conditions;

iv. Return Schedule.

2.4 Evidence of Contract The Contract shall be evidenced by the Statement, Scope of Work, Technical Specifications, Drawings, General Conditions of Contract, Tenderers Return Schedule, Letter of Acceptance and all things referred to therein. Should any part of the Contract be held in law to be invalid, that part shall be severed from the Contract and the remainder of the Contract shall have full force and effect.

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3 CONDITIONS OF TENDER 3.1 Tender Documents This Request for Tender is comprised of the following parts: a) Section 1 – Schedule (read and keep this part); b) Section 2 – Preliminaries (read and keep this part); c) Section 3 – Conditions of Tendering (read and keep this part); d) Section 4 – General Conditions of Contract; Special Conditions (read and keep this part); e) Section 5 – Scope of Work (keep and read this part); and

3.2 How to Prepare your Tender a) Carefully read all parts of this document.

b) Ensure you understand the Requirements.

c) Complete and return only the return schedule which is provided as a separate modifiable

document.

d) Include contact details of one contact person for the Tender process.

e) Lodge your Tender as per the instructions outlined in Section 3.8 before the Deadline.

3.3 Tender Briefing/Site Inspection If requested by the Principal in Section 1.3, the Site Inspection will be a mandatory requirement of the Tender process and Tenders submitted by Tenderers who did not attend the Site Inspection will be considered incomplete and not admitted for consideration. It is the Tenderers own responsibility to undertake the site visit with the assistance of the Superintendent as per the Date stipulated in Section 1.3. Attendance of the site inspection is at the Tenderers own expense, irrespective of mandatory requirements under any Conditions. Tenderers are responsible for obtaining any permits required to attend the site inspection. All additional information in regards to the Request must be in writing. Information that has been communicated in person or over the phone will not be binding for the contract.

3.4 Tenderers to Inform Themselves Tenderers will be deemed to have: a) examined the Request and any other information available in writing to Tenderers for the

purpose of Tendering. The Principal does not represent that any information made

available completely shows the existing site or sub-surface conditions. The Tenderer is to

accept full responsibility for their own interpretations, deductions, and conclusions made

from the information provided by the Principal;

b) examined all further information relevant to the risks, contingencies, and other

circumstances having an effect on their Tender which is obtainable by the making of

reasonable enquires and/or site inspections;

c) satisfied themselves as to the correctness and sufficiency of their Tenders including

Tendered prices which will be deemed to cover the cost of complying with all the Conditions of Tendering and of all matters and things necessary for the due and proper

performance and completion of the work described therein;

d) acknowledged that the Principal may enter into negotiations with a chosen Tenderer and

that negotiations are to be carried out in good faith; and

e) satisfied themselves they have a full set of the Request documents and all relevant

attachments.

f) to be aware and accept that, the Principal may advertise the winning tender and price

publicly, further to sub clause 3.8.4 Tenderers who have any doubts as to the meaning of any part of the RFT documentation shall seek clarification in writing from the Superintendent.

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Should the Tenderer find any discrepancy, error or omission in the RFT they shall notify the Superintendent in writing as early as possible but in any event before the closing of Tenders. Any clarification given pursuant to this clause may also be issued to all other prospective Tenderers. No explanation or amendment to the RFT shall be recognised unless in the form of a written addendum issued by the Superintendent. Any Tenderer who believes the RFT to be discriminatory, restrictive or biased should inform the Superintendent in writing as early as possible but in any event before the closing of Tenders. Notification must set out the issues in dispute, the impact upon the Tenderers interests, any relevant background information and the outcome desired. Delay in notification of probity breach, or notification after the announcement of the successful Contractor will preclude a Tenderer from relying upon or taking action based upon such breach.

3.5 Evaluation Process This Documentation comprises a Request for Tender (RFT). Your Tender will be evaluated using information provided in your Tender. The following evaluation methodology will be used in respect of this Request:

a) Tenders are checked for completeness and compliance. Tenders that do not contain all

information requested (e.g. completed Offer form and Attachments) may be excluded from

evaluation.

b) Tenders are assessed against the Selection Criteria declared below.

c) The most suitable Tenderers may be short listed and may also be required to clarify their

Tender, make a presentation, demonstrate the product/solution offered and/or open

premises for inspection. Referees may also be contacted prior to the selection of the

successful Tenderer.

d) The contract may then be awarded to the Tenderer whose Tender is considered the most

responsive, offering value for money to the Principal.

3.6 Tender Assessment Criteria The Contract may be awarded to the Tenderer who best demonstrates the ability to provide quality products and/or services at a competitive price. The Tendered prices will be assessed together with compliance and qualitative criteria outlined within the Return Schedule to determine the most advantageous outcome for the Principal. Although price is considered, the Tender containing the lowest price will not necessarily be accepted.

Tenderers may be asked to provide further information in order to assist the Principal with the evaluation of

Tenders.

Tenderers may be asked to provide further information in order to assist the Principal with the evaluation of

Tenders.

3.6.1 Compliance Criteria Tenders will be assessed for completeness and compliance with the Request for Tender. Tenders which are incomplete or which do not comply with the Request for Tender may be eliminated from further consideration.

3.6.2 Qualitative Criteria Standard qualitative Tender assessment criteria are used by the Principal in determining the Tender that offers Value for Money. Each of these criteria outlined in the table below, is allocated a pre-determined weighting of importance which is factored into the overall tender assessment process. For example, a Tenderer may excel in meeting one particular criteria which carries a fairly low weighting and therefore it would not carry much weighting in the overall Tender assessment. The weightings are provided so that Tenderers may better align their business, Tenders and Contract implementation with the Principals expectations.

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NOTE: Tenderers must address each qualitative criterion detailed in the Return Schedule. Failure to provide the specified information may result in the elimination from the Tender evaluation process or a low score.

QUALITATIVE CRITERIA WEIGHTING

1. Specific Expertise and Experience Contracts with the Principal or with of a similar scope and size. Previous disputes and claims; provide details of how disputes were managed. Relationship management. Safe and fair workplace record.

20%

2. Capacity Ability to carry out the works; a) demonstrated managerial and key personnel expertise b) technical expertise c) knowledge of best practice methods or products d) use of performance/quality/workplace health and safety management systems/processes in relation to the proposed Contract e) Resource availability, ie. equipment, vehicles, plant tools Number and value of Contracts in progress. Legal action pending.

15%

3. Timeless

Timeliness Demonstrate ability to meet the completion/delivery time Completion/delivery time offered by Tenderer

25%

4. Cost The Tendered Price Schedule submitted as part of the Return will be used to assess this criterion

40%

3.7 Price Basis All prices for goods/services offered under this Request are to be fixed for the term of the Contract. Tendered prices must include Goods and Services Tax (GST). Unless otherwise indicated prices Tendered must include insurance and all applicable levies, duties, taxes and charges. Any charge not stated in the Tender, as being additional will not be allowed as a charge for any transaction under any resultant.

3.7.1 Price considerations Once the Tenders have been ranked, the evaluation panel will make a value judgement as to the cost affordability, qualitative ranking and risk of each Tender, in order to determine the Tender which is most advantageous to the Principal in terms of value for money. The Tendered price will be considered along with related factors affecting the total cost to the Principal. eg Principal’s contract management costs may also be considered in assessing the best value for money outcome.

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3.8 Lodgement of Tenders and Delivery Method Tenderers must complete all required fields within the Response Schedule. Completed forms are to be lodged via the Principals secure electronic Tender lodgement facility by the deadline as outlined in Section 1.2, lodgements to be made at: [email protected] All enquires with regards to tender lodgement are to be made to: [email protected] Tenders must be submitted in the electronic format as specified. Tenders lodged at a different address or in an unspecified electronic format will be invalid and the Tender will not be admitted for consideration. If for any reason, the electronic Tender (except pricing schedule[s]) submitted becomes corrupt, illegible, inadequate or incomplete as a result of transmission, storage etc. a hard copy of the Tender must be provided by the Tenderer on request from the Principal. Pricing schedule(s) submitted electronically that become corrupt, illegible, inadequate or incomplete as a result of transmission, storage, etc. will result in the Tender being invalid and not admitted for consideration. Tenders received after the specified time and date for closing of Tenders are not admitted for consideration. Unless otherwise specified, Tenders delivered by hand, post, facsimile or any form not outlined above will not be admitted for consideration. 3.8.1 Rejection of Tenders A Tender will be rejected without consideration of its merits in the event that: a) it is not submitted before the Deadline; or b) it is not submitted via the requested method; or c) it may be rejected if it fails to comply with any other requirements of the Request. 3.8.2 Late Tenders and Extensions Tenders received after the Deadline or via medium other than that stipulated in this Request will not be accepted for evaluation. The Principal, at its absolute discretion, may extend the closing date for the submission of Tenders. A Tenderer may request the Principal to extend the closing date for the submission of Tenders by written application to the Superintendent. Any such requests must be supported by reasons and received by the Superintendent at least three (3) business days prior to the closing date. 3.8.3 Acceptance of Tenders Unless otherwise stated in this Request, Tenders may be for all or part of the Requirements and may be accepted by the Principal either wholly or in part. The Principal is not bound to accept the lowest Tender and may reject any or all Tenders submitted. Notice of the acceptance of the Tender shall be given in the form of a Letter of Acceptance, to be signed and returned. This order or notice shall constitute a binding contract between the Principal and the successful Tenderer (thereinafter called the ‘Contractor’). If notice of the agreement has not been given there shall be no agreement between the Principal and the Tenderer. The Tenderer shall not act on any representations or statements made by the Principal or its employees or agents prior to the issue of the notice of acceptance. 3.8.4 Disclosure of Contract Information Information provided in this RFT or imparted to any Tenderer as part of the Tendering process is confidential and shall not be used by the Tenderer for any other purpose, or distributed to, or shared with any other person or organisation. The Principal reserves the right to disclose any or all information provided by Tenderers where the disclosure is: a) required or compelled by any order of a Court; b) required or compelled by any law; c) required or compelled by notice validity issued by an Authority; d) necessary for the conduct of any legal proceedings; e) necessary for the provision of advice by the Principals legal advisers, accountants or other consultants; and f) necessary for the evaluation of this Tender

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Tenderers should note that the name of each Tenderer may be present in Council reports and made public. This will include the order of Tenderers on the basis of Tendered price. The Principal may publicly advertise the name of the winning Tenderer and their Tendered price. If the Tenderer does not accept these conditions then it must return the Tender documentation within two

(2) days to the Superintendent.

3.8.5 Alternative Tenders Any alternative tenders submitted along with a conforming Tender will be considered at the Principal’s discretion 3.8.6 Tender Validity Period All Tenders will remain valid and open for acceptance for a minimum period fourteen (14) day. 3.8.7 General Conditions of Contract Tenders will be deemed to have been made on the basis of and to incorporate the General Conditions of Contract (refer to Section 4), and all other Sections and documentation provided as part of this RFT. 3.9 Alterations and Addendum The Tenderer must not alter or add to the Request documents unless required by these Conditions of Tendering. The Principal reserves the right to stop or vary the tender process, or re-tender at any time. Any variations or addendums to the original RFT will be given the same distribution as the original RFT. Consequently, any of the Tender documents may be amended to reflect the requirements of any addenda. 3.10 Risk Assessment The Principal may have access to and give consideration to: a) any risk assessment undertaken by a credit rating agency; and

b) any information produced by the Bank, financial institution, or accountant of a Tenderer; So as to assess that Tender and may consider such materials as tools in the Tender assessment process. 3.11 Ownership of Tenders All documents, materials, articles and information submitted by the Tenderer as part of or in support of a Tender will become upon submission the absolute property of the Principal and will not be returned to the Tenderer at the conclusion of the Tender process provided that the Tenderer be entitled to retain copyright and other intellectual property rights therein, unless otherwise provided by the Contract.

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3.12 Canvassing of Officials If a Tenderer, whether personally or by an agent, canvasses any of the Principal’s Councillors (as the case may be) or Officers with a view to influencing the acceptance of any Tender made by it or any other Tenderer, then regardless of such canvassing having any influence on the acceptance of such Tender, the Principal may at its absolute discretion omit the Tenderer from consideration. 3.13 Code of Practice In consideration of being permitted to tender, the Tenderer promises as a fundamental condition that it will act in accordance with all Codes of Practice for the Queensland Building and Construction industry in this tender and in any contract that may arise from this tender. The Tenderer also promises to comply with the Australian Standard Code of Tendering AS 4120-1944. The Principal may require the Tenderer to make the attestation prescribed in AS 4120-1994 which deals with malpractice. 3.14 Identity of the Tenderer The identity of the Tenderer and the Contractor is fundamental to the Principal. The Tenderer will be the person, persons, corporation or corporations named as the Tenderer in the Return Schedule and whose execution appears on the Offer Form in the Return Schedule. Upon acceptance of the Tender, the Tenderer will become the Contractor. 3.15 Tender Opening Tenders will be opened in the Principals offices, following the advertised Deadline.

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4 CONDITIONS OF AGREEMENT On acceptance of the Contractors offer a Service Agreement will be executed outlining the facilitation of

the services to the Principal. The Conditions of the Agreement are in accordance with the Mornington Shire

Council Purchase Order and the Request for Tender conditions.

5 SCOPE OF WORK

5.1 Statement of Works The Contractor shall provide the Principal with Barge Freight Services Brisbane, Townsville, Cairns, Karumba or other departure locations as agreed to with the Principal to specified locations in the Wellesey Islands and return to point of departure. The Principal will use the agreement for freight of a diverse range of consignment, including frozen and chilled goods, bulk fuel, building materials and fleet. The Contractor shall deliver freight services to the following Mornington Shire Council regions;

Mornington Island (Gununa) Sweers Island Bentick Island

NOTE: Delivery is considered to be when the goods are conveyed to the Barge Shed or Landing area as designated by the Principal’s contact person.

5.2 Term The agreement term is for a period of three (3) years from the date of commencement, including any period for which this agreement may be extended, and any other period for which the operation of this agreement is extended by agreement between both parties. Review against tender criteria will occur annually.

5.3 Price Contractor to provide a schedule of Fees and Charges to be included in offer

5.4 Description of Services The Principal seeks to establish an economical freight service to the locations listed in section 5.1. The service shall be at intervals of no greater than weekly with allowance for tidal conditions. The Contractor shall tender for the most economical service possible. The Contractor shall perform a freight service from capital city to listed locations. The Contractor must provide all necessary equipment, administration, insurance. The Contractor must follow agreed upon schedule of delivery every week. Delay and rescheduling due to tides, must be reported by a personal phone call to the Principal’s representatives. The Contractor shall report the arrival time with specification of consignment at least two days in advance. Communication methods shall be fax, email or location specific mobile. The Contractor shall also provide a manifest including:

Destination (the end destination and contact person should be clearly stated). item number (all goods should have a docket showing the connote number and the amount of

items) purchase order number cubic meters of goods kilos of goods price of the freight type of goods original sender showing

Contractor is not to accept any goods from the Principal or a third party without receiving a purchase order. The purchase order must be provided by the Principal and delivered by the Principal or the consigner of the consignment. The purchase order number shall be included on all invoices.

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The Contractor must implement, monitor and control a safe environment at all sites while storing, loading and unloading all consignments.

5.4.1 Cost Measurements Measurements of the goods shall be made in cubic volume if not stated differently below. Measuring shall be made from the widest point in all directions; width, length and height. Pallets shall not be taken into consideration when measuring. Vehicles are divided in three different sizes: small, medium and large. The tenderer shall nominate a minimum charge per cubic meter consignment as well as per kilo consignment. The deadweight equivalent to the cubic volume of the freight shall be based on 333 kilograms per cubic metre. The formula to work out the deadweight shall be: length x width x depth x 333 = charge in kilograms Cost measurements units are:

container (size 7 feet) dry container (size7 feet) chilled, frozen container (size 7 feet) container (size20 feet) dry container (size 20 feet) container (size 40 feet) dry container (size 40 feet) dry goods in cubic meters chilled/frozen goods in cubic meters dry goods in kilos chilled/frozen goods in kilos vehicle small (size less than 10 cubic meters) vehicle medium (size less than 20 cubic meters) vehicle large (less than 40 cubic meters) fuel litre of bulk fuel unleaded fuel pods

5.4.2 Consignment Delivery Docket The Contractor shall document in a consignment delivery docket the condition and quantity of all consignments at the point of delivery by the Consigner. The consignment delivery dockets shall include sufficient detail to determine if any loss or damage to consignments has occurred while in the possession of the Contractor. In the event a consignment sustains loss or damage and the consignment delivery docket has either not been completed by the Contractor or contains insufficient detail to conclude, in the Principal’s opinion, that loss or damage did not occur while the consignment was in the possession of the Contractor, then the Contractor shall be liable for the loss and or damage in accordance with clause 5.4.4. Both the Consignor and the Contractor shall inspect and sign the consignment delivery docket at the point of hand over.

5.4.3 Loss and Damage The Contractor shall be liable for loss and or damage to any consignment while the consignment is in the Contractor’s possession. A consignment is deemed to be in the Contractor’s possession from the time the Consigner has signed the consignment delivery docket until the Receiver has receipted the consignment and signed the consignment delivery docket.

5.4.4 Receipt of Consignment The Principal’s contact person shall inspect the conditions of consignment and assess against the consignment delivery docket. Both parties shall record variation and sign the consignment delivery docket. The consignment delivery docket must clearly state contact person, goods, charges, unit of measure and purchase order number. It is still possible to claim loss or damage after signing the consignment delivery docket and receipt of the goods if sufficient evidence can be shown that the damage or loss has occurred before the handover and or inspection has not been executed.

5.4.5 Contractors Representative

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The Contractor must appoint a representative to be responsible for the day to day performance of the Services. The Contractor’s Representative shall be the direct and only line of communication for all queries in relation to the agreement, including performance issues, reviews, invoicing issues, general communication etc. Directions given by the Principal to the Contractor’s Representative shall be deemed to be a direction given to the Contractor. The Contractor’s Representative must be contactable at any time within normal working hours (8am to 4.30pm weekdays). The Contractors Representative must be available within a day’s notice to meet the Superintendent’s Representative (telephone conference acceptable) to discuss delivery of the Services and how any problems or complaints are being addressed. The Contractor must notify the Superintendent’s Representative immediately in writing should a new Contractor’s Representative be appointed.

5.4.6 Contractor’s Personnel The Contractor shall provide competent personnel with the necessary skills and experience to provide the services. The Contractor will use its sole discretion in selection of all personnel nominated to carry out the services. If, however, in Mornington Shire Council’s reasonable opinion, any of The Contractor personnel fail to carry out the services with sufficient competency and safely, Mornington Shire Council may notify The Contractor. Upon such notice, the Contractor shall rectify the situation as soon as is reasonably possible.

5.4.7 Contractor’s Plant and Equipment The Contractor must supply and maintain all Vehicles, Plant and Equipment required to perform the obligations of this Agreement and ensure all vehicles, plant and equipment: a) comply with all applicable Acts, regulations and by-laws;

b) are registered and roadworthy at all times where required

c) are owned or leased by the Contractor

d) are suitable for the purpose for which they are to be used;

e) are maintained in good repair in accordance with the Manufacturer’s recommendations

and all relevant Australian Standards;

f) are safe and without risks to health.

5.4.8 Staff Presentation and Identification The Contractor must ensure at its own expense that all employees (including any subcontractors) performing the services connected to this agreement are attired in clean and tidy uniform in accordance with WHS standards and that the uniform bears the Contractor’s logo. The Contractor’s employees (including subcontractors) must be identifiable to the general public through the use of name badges and/or identity cards. The Principal may direct the Contractor that certain uniforms, clothing, safety equipment and name badges may or may not be used. The Principal may direct the Contractor as to the standard of cleanliness, repair and presentation of uniforms, clothing, and safety equipment that is acceptable.

5.4.9 Invoicing and Payment The Contractor shall provide one invoice per Purchase Order. Invoices must be itemised, reference Purchase Order number and be inclusive of GST. Payment terms shall be 30 days from receipt of the correct invoice.

5.4.10 Environmental Management The Contractor shall demonstrate their commitment to environmental sustainability by providing a current Environment Management Plan (EMP) on award of the contract. The Contractor shall comply with all State regulations in accordance with the International Convention for Prevention of Pollution from Ships; MARPOL when dealing with pollution by oil, chemicals, harmful substances in packaged forms, sewage, garbage and air emissions. 5.4.10.a. Prevention of Introduction of Pest Plants and Animals The Contractor shall demonstrate their commitment to the prevention of introduction of pest plants and animal species to the Wellesley Islands by providing, on award of contract, a copy of their current policies

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and procedures to meet legislative standards to prevent the transportation and introduction of pest animals such as cane toads and pest plants such as rubber bush and bean tree.

5.4.11 Issue Management The Contractor will immediately notify the Contract Superintendent of any material developments that will

have an impact on the ability of the Contractor to carry out the services effectively. This also applies to

developments that will have an impact on the compliance of the service with the applicable laws and

regulatory requirements. The Contractor shall log and manage all developments and any issues raised by

the Principal.

5.4.12 Performance Management The contract will be reviewed once per year. The Contractor will be assessed against the tender qualitative criteria as per Section 3.6.2. The Principal will review Contractor performance at various intervals throughout the Contract by inspecting the Contractor’s workmanship and checking the integrity and compliance of the Consignment Reports. The information gained from the Performance Reviews will form the basis of a running ‘score’ which will be utilised for evaluation of past performance for any future Contracts with Council or any requests for a reference by external organisations. The Contractor will be given opportunity to respond to any negative feedback prior to scoring. A mutually agreed upon reference/scoring scale will be developed with the preferred tenderer prior to contract award that will be specific, clear and outline the expectations of the Contractor in terms of performance, for example “freight being delivered on time each week and freight delivered meets freight ordered’. An mutually agreed upon damage control policy and procedure will be developed with the preferred tenderer prior to contract award that will be specific, clear and outline the expectations of the Contractor to mitigate and accept responsibility for damage control. Such policy and procedure may include the following points:

Costing for damage – Who pays for the damage? How does MSC decide this? Damage per week – How much damage is acceptable on a weekly basis? What is the limit before

it is a concern? Financial penalty on payment per damage?

Example only: Damage twice per week = penalty of 5% cut in payment that invoice 5.4.12.a.Damage Control

5.4.13 Disaster Recovery The Contractor shall develop an effective Disaster Recovery Plan to ensure measures are in place for the

continuation of the service leading up to and after such events as Cyclones, Severe Storms and the like.

5.5 Estimated Barge Freight The tables below outline barge freight estimates based on prior history (it is to be noted that these are not agreed amounts for any future projection).

ESTIMATED MONTHLY BARGE FREIGHT

Quantity Weight (kg) Cubic Metres 2017 Monthly 1,864.00 251,038.00 1,264.19 2018 Monthly 2,164.00 394,846.00 1,417.84

ESTIMATED YEARLY BARGE FREIGHT BY VOLUME (KG)

Quantity Weight (kg) Cubic Metres 2017 Yearly 22,368.00 3,012,456.00 15,170.28 2018 Yearly 25,968.00 4,738,152.00 17,014.13

Additional Barges 8 per year

4,028.00 645,884.00 32,184.41

Totals for 2018 29,996.00 5,384,036.00 49,198.54

18

Tender Document


ESTIMATED YEARLY BARGE FREIGHT BY VOLUME (TONNES)

Quantity Weight (tonnes) Cubic Metres 2017 Monthly 22,368.00 3,012.46 15,170.28 2018 Monthly 25,968.00 4,738.15 17,014.13

Additional Barges 8 per year

4,028.00 648.88 32,184.41

Totals for 2018 29,996.00 5,387.04 49,198.54

6 TENDERERS OFFER Please provide all relevant documents to [email protected]

.