Drilling, Blasting, Stockpiling and De-rubbling of West Coast Regional Council Quarries

Contract No: R2015/5

Contract Document

June 2015

TABLE OF CONTENTS

A.TENDER DOCUMENTS

A.1REQUEST FOR TENDERS

B.TENDER SUBMISSION

B.1Conditions of Tendering

B.2Tender document deposit

B.3Inspection of the sites

B.4 Queries

B.5 Submission of tenders

B.6 On-site overheads

B.7Tender Form

B.8Schedule of Prices

B.9Schedule of Rates

B.10Schedule of Subcontractors – including suppliers

B.11Requirements for Submission of Statement of Attributes

C.BASIS OF PAYMENT

C.1Abbreviations

C.2Clarification of Scheduled Items

D.CONDITIONS OF CONTRACT

D.1General Conditions

E.CONTRACT PRO-FORMA

E.1Contract Agreement

E.2Certificate as to Contractor’s Insurances

F.SCHEDULE OF DRAWINGS

G. SPECIFICATION/WORK DESCRIPTION

G.1Preliminary and General

G.1.1Preamble

A.TENDER DOCUMENTS

Contract No R 2015/5

Drilling, Blasting, Stockpiling and De-rubbling of West Coast Regional Council Quarries.

A.1REQUEST FOR TENDERS

The West Coast Regional Council wish to invite tenders for the above contract works.

The scope of the works is fully described in the attached tender documents, the key items of work are:

  • Drilling, Blasting, Stockpiling and De-rubbling of rock at four Council quarries as and when required;
  • Stockpiling rock and rubble;
  • Managing quarry waste as and when required;
  • Maintaining available rock stockpiles at each quarry;
  • Carry out other activities as directed by Council staff;

The contract works will be for a period of three years from 20 July 2015.

Tender for the contract works shall be prepared in accordance with the attached conditions of tendering.

A valid tender requires the submission of Section B11 (Statement of Attributes) attached.

Tenders close at the Tender Box located at the West Coast Regional Council offices at 388 Main South Road Paroa, Greymouth AND via the New Zealand Government Electronic Tenders Service (GETS) under Purchaser – West Coast Regional Council.

Physical and electronic tenders close at 12.00pm 10 July 2015and shall be enclosed in two sealed envelopes identified as a tender for the particular contract addressed to the Quarry Manager of the West Coast Regional Council with contract No R2015/5 marked on the top left hand corner of the envelope.

B.TENDER SUBMISSION

B.1Conditions of Tendering

101.1Except where modified below, the Conditions of Tendering shall be those included in the document published by Standards New Zealand and titled “Conditions of Contract for Building and Civil Engineering Construction, NZS 3910:2013”.

102.Tenders shall be submitted in the format prescribed in clauses B7, B8, B9, B10 and B11 herein.

107.Tenders will be evaluated generally in accordance with the Simplified Weighted Attribute Method as is described in the NZTA Procurement Manual.

Tenders will be evaluated using a weighting of 60% Price to 40% Attributes.

Attributes will be evaluated using the following weightings:

Methodology30%

Relevant experience and track record20%

Resources and technical skills20%

Health and Safety20%

Management skills10%

Tenders shall be placed in two envelopes. Marked: ContractR2015 /5

  • Envelope 1 shall contain all tender information other than price.
  • Envelope 2 shall contain the tender price information.

102.2Tender document deposit

A tender document deposit is not required.

103.1Inspection of the sites

A valid tender submission requires the appointment and viewing of the following quarry sites:

  • Kiwi Point (Stillwater)
  • Camelback (Kowhitirangi)
  • Inchbonnie

This will be conducted on 1 July2015 commencing at Camelback Quarry at 10 am and moving on from there.

It is a requirement as part of tendering to attend this site inspection. Hard hats, protective footwear and clothing are compulsory for this visit.

104.1 Queries

Any questions regarding this tender shall be in legible writing either by email or letter and directed to:

The Quarry Manager

The West Coast Regional Council

P.O. Box 66

Greymouth

105.1 Submission of tenders

Tenders shall close at the time, date and place stated in the Request for Tenders (Part A of the Tender Documents).

Submission of electronic tenders can be submitted via the New Zealand Government Electronic Tenders Service (GETS) listed under Purchaser – West Coast Regional Council – Drilling, Blasting, Stockpiling and De-rubbling of West Coast Regional Council Quarries.

Submission of tenders by fax will not be acceptable. It shall be the sole responsibility of the tenderer to ensure their tender is received by the specified closing time.

B.7Tender Form

To the Principal:West Coast Regional Council

Address:388 Main South Road

Paroa

Greymouth

Re Contract No.R2015/5for Drilling, Blasting, Stockpiling and De-Rubbling of West Coast Council Quarries

We, the undersigned, offer to carry out the Contract Works in accordance with the Tender Documents for the sum of: /per tonne ofdrilled, blasted, stockpiled and de-rubbled rock.

(In figures)$ ______(exclusive of GST),

(Inwords)______

The insurers we propose for the contract insurances are:

______

The following required information is attached to the original of this tender:

  • Schedule of Prices______pages attached
  • Schedule of rates______pages attached
  • Schedule of Subcontractors______pages attached
  • Statement of attributes______pages attached

We have inspected the Sites and found out about Site conditions including the effects of adjoining properties, and have allowed for all conditions which we, as an experienced Contractor, foresee at the time of tendering.

Signed on behalf of the Tenderer: ______

Position: ______

Tenderer’s Name: ______

Address: ______

______

Telephone: ______Fax: ______

Date:______

B.8Schedule of Prices

Item / Description / Quantity / Unit / Rate / Amount
PRELIMINARY AND GENERAL
Provide all plant, labour, materials,explosives, temporary works and other equipment necessary to carry out the works in accordance with the specifications. The Contractor shall be deemed to have satisfied themselves that the price provided is adequate for completion of the works as described
1.0 / The contract consists of drilling and blasting natural rock in three Council quarries to the approximate percentages listed in specifications, and break-out and stockpile of the rock.This rate includes the muckout and removal of blast generated waste to waste dumps/tipheads/bunding located within 150m of the working breakout face. / Per tonne
1.1 / Muckout and removal of waste to waste dumps/tipheads/bunding sites located beyond 150m and up to 250m from the working breakout face.This rate includes the muckout and removal ofblast generated waste to waste dumps/tipheads/bunding located beyond 150m of the working breakout face. / Per tonne
TOTAL(excludingGST)

Tenderer’s Name:______

Signed:______

B.9Schedule of Rates

DescriptionUnitRate
Labour

The contractor shall provide hourly rates for personnel offered

for this contract. Continue on a separate sheet if necessary.

hour

hour

hour

hour

hour

Plant and vehicles

The contractor shall provide hourly or kilometre rates as

most applicable for plant and machinery offered for this

contract. Continue on a separate sheet if necessary.

hr/km

hr/km

hr/km

hr/km

hr/km

hr/km

(delete one)

Please note that all claims for authorised hourly rate work must be accompanied by a West Coast Regional Council Daily Plant Hire Docket that has been signed by the operator and countersigned by WCRC Quarry Manager or other duly authorised Council Officer.

Daily plant Hire Docket Books will be issued by Council to the successful tenderer.

B.10Schedule of Subcontractors – including suppliers

Subcontractor / Type and Extent of Subcontract Work

B.11 Requirements for Submission of Statement of Attributes

1.Tenderers shall provide a Statement of Attributes with details of their relevant experience and track record, resources and technical skills, management skills and proposed techniques, methodology and Health and Safety. Submissions shall be limited in length to 15 pages of A4 size printed material which directly respond to the requirements listed below. If there is a conflict between the statement of attributes in the contractors tender, and any other part of the contract documents, then such other part shall prevail.

2.The relevant experience and track record shall include:

The statements of relevant experience and track record shall describe projects of a similar nature to the current contract, with details of location, size, contract price, client name. The projects shall all have been carried out within the last five years. For at least three such projects, the names and telephone numbers of a referee shall be included. Each such reference must be a part of the client organisation or a client adviser, be familiar with the tenderer’s capabilities and have confirmed willingness to provide substantiation of the capabilities.

3.The statements on resources and technical skills shall list:

  • The proposed subcontractors and the role proposed for each,
  • The major items of plant which it is intended to use on the contract,
  • The proposed sources of supply of materials,
  • The qualifications and experience of the personnel involved with the contract.
4.The statements on management skills shall include:
  • A list of key management personnel and qualifications,
  • Description of the management structure,
  • A description of systems developed for communication between staff and the Quarry Manager, recording, reporting and invoicing,
  • A description of any specific management methods to be applied to successfully manage the project.
5.The statement of proposed methodology for carrying out of the works and services required under the contract shall include:
  • A description of the techniques and full methodology to be used to carry out the work,
  • A copy of the tenderer’s quality assurance policy.

6.The Health and Safety documentation shall include:

  • A copy of the tenderer’s updated health and safety policy including all acts and regulations arising from recent changes to the O.H. & S. Act 1992 and all legislation thereon particularly as it pertains to quarrying and mining activities.

C.BASIS OF PAYMENT

The Schedule of Prices shall be read in conjunction with the Contract Documents. Payments shall be made at the appropriate rates set out in the priced schedule for final quantities determined by the Quarry Manager.

Attention is drawn to Clause 2.3.2 of NZS 3910:2013 which requires the Contractor to allow for all costs in carrying out the work as specified in the documents, unless expressly excluded.

Per tonne amounts shall include all costs associated with completion of the work, including labour, materials, explosives, plant and equipment, transportation, overhead and profit.

The Contractor shall claim monthly. All claims shall include verification of the measurements and quantities making up the claim.

The drill, blast, breakout and stockpile rock rate is to be based on a per tonne of stockpiled rock (within 250kg-6000kg+) basis.

Muck-out waste removal rates are to be based on a per-tonne basis.

C.1Abbreviations

The following abbreviations are used in the Schedule of Prices

Linear metre- m

Cubic metre- cu m or m3

Square metre- sq m or m2

Kilometre- km

Number- no

Each- ea

Lump Sum- LS

Hour- hr

Percent- %

C.2Clarification of Scheduled Items

C.2.2Schedule of Rates

These rates shall be used when additional work is required as Dayworks carried out in accordance with Clause 9.4 of NZS3910:2013. Payment for these items shall only be made with written instruction and approval from the Quarry Manager prior to the work being carried out. The rates provided shall be exclusive of GST.

C.2.3Labour Rates

Rates for labour shall include all overheads, overtime and other allowances payable, profit and the use of small hand tools and appliances, and ordinary non-mechanical plant and equipment (eg ladders, trestles, skips and consumables etc.) and any other emoluments and allowances payable to the workmen.

C.2.4Plant Hire Rates

Rates for plant shall be for the time plant is employed in normal working use. The rate shall include all costs associated with the operations including the operator, overtime and profits.

C.2.4Variations

The cost of preparing for and administering the paperwork associated with additional work/variations shall be included in the labour and/or plant rates.

C.2.5 Plant Hire/Labour Hire Docket Books

All Plant Hire/Labour Hire authorised by WCRC Quarry Manager shall be recorded in WCRC Daily Plant Hire Docket Books and signed by the operator/worker and countersigned by WCRC Quarry Manager or other duly authorised person.

1

Drilling, Blasting, Stockpiling and De-rubbling of West Coast Regional Council Quarries

D. CONDITIONS OF CONTRACT

D.1 General Conditions

Except where modified by the Special Conditions, the Contract shall be governed by the document published by Standards New Zealand and titled “Conditions of Contract for Building and Civil Engineering Construction, NZS 3910:2013.

Copies of this document are available for inspection at the office of the Quarry Manager and may be purchased from Standards New Zealand, Private Bag, Wellington.

Part ASpecial Conditions (from First Schedule of NZS 3910:2013)

1.2Definitions

The Principal is: The West Coast Regional Council

The Principals street address is:388 Main South Road, Paroa, Greymouth

For the purpose of service of notices the address of the Principal is:

The West Coast Regional Council

P.O. Box 66

Greymouth

There are no Separable Portions in this contract.

Payment Schedule – means any Payment Schedule issued under the contract including a Progress Payment Schedule or Final Payment Schedule, and any reference in the Contract Documents to a payment certificate shall be deemed to be a reference to Payment Schedule.

2.3 Type of Contract

This contract is a:

Measure and Value Contract

2.7.1 Number of Sets of Contract Documents

Two sets of Contract Documents shall be supplied free of charge to the Contractor upon acceptance of tender, in addition to tender, any consent and contract agreement sets.

3.2 Principal’s Bond

A Principal’s bond will not be provided

5.4.1Possession of Site(s)

The Contractor will be given possession of the sites 10 working days after the Date of

Acceptance of the Tender.

5.5.1Separate Contractors

When necessary the Contractor is required to liaise with any service providers in the area prior to commencing work in any of the four quarries.

8.1.1Insurance

The Contract shall have the same insurance provisions as Section 8 of NZS 3915:2013.

The Contractor shall insure as provided in 8.1 to 8.4.

8.5.1Public liability insurance

Public liability insurance shall be effected for an amount of not less than $2,000,000.

8.5.2Motor vehicle third party liability insurance

Motor vehicle third party liability insurance shall be effected for not less than $1,000,000.

10.1.1Due Date for Commencement

The period(s) to be used for calculating the due date for commencement at the

specified site:

  • Within two weeks of notification from Council to the commencement of physical works at the specified site.
  • Contract work for drilling and blasting will only be required at one site at any time.
  • The Contract period is three years.

10.2.1Completion

The Contractor shall commence the works on the commencement date,shall diligently continue with the works until such time as the required rock volume has been achieved.

10.3Extension of time

This contract work must commence within the allowed period, work will not be affected by weather conditions.

10.5.1Liquidated damages

Liquidated Damages shall be applied as follows:

Following notification from the Council of work required at the specified site:

  • After 2 weeks; $500.00 per working day that contract work has not commenced.

10.6Bonus for early completion

There is no bonus for early completion of the Contract Works.

11.1 Defects

The Contractor shall at its cost correct all defects in the Works and damage arising from such defects notified by the Council within the Defects Liability Period.

The Period for Defects Liability shall be:

  • In respect of the Contract Works: 4 weeks.

11.2.1All defects shall be corrected promptly. Defects not corrected within 60 days of notification may be corrected by Council at the Contractor’s cost.

11.6.1Guarantees

The Contractor shall provide guarantees as listed in the Specification.

The contract has been prepared in the knowledge that the Construction Contracts Act 2002 (‘the Act”) came into force on 1 April 2003. The Act shall not be treated as change of law under NZS 3910:2013 clause 12.8.

The following additional conditions shall apply:

(a)The payment provisions of NZS 3910:2013, especially Section 12 shall apply in lieu of the default provisions for progress payments in sections 16 to 18 of the Act.

(b)Any Progress Payment Certificates issued by the Quarry Manager under NZS 3910:2013 shall be an interim payment schedule for the purpose of Section 21 of the Act. The interim payment schedule shall apply unless the Principal sets off any liquidated damages and other amounts otherwise due to the Principal under the contract by issuing an amended payment schedule within the time required under the Act.

12.1Contractor’s claims – Advances

Advances for temporary works, plant or materials not yet on site shall not be made to the Contractor.

12.8Cost fluctuations

Cost fluctuations adjustments shall not be paid.

12.9Provisional sums

Any Provisional Sums to be included in this Contract are listed in the Schedule of Prices.

12.11Prime cost sums

No Prime Cost Sums to be included in this Contract.

12.12Contingency sum

No Contingency Sum to be included in this Contract.

15.1Service of notices

For the purpose of service of notices, the address of the Contractor is that named in the Tender Form.

D.2 Other Conditions of Contract

D.2.1 Extras

No extras will be paid unless authorised, in writing, by the Quarry Manager, prior to the work being carried out.

9.1 Variations

Council may amend the nature of the Works, include further work or omit work,

change the timing or sequence of the Works or the hours that the Works can be

carried out (a Variation).

Variations shall be instructed by the Council by a written Variation order.

The Contract Price shall be adjusted by the value of the Variation.

Where reasonable the Variation shall be valued on the basis of the Contractor’s pricing

as set out in the Payment Schedule (where attached).

Otherwise the value of the Variation shall be the net value of the extra costs and

expenses incurred by the Contractor in carrying out the Variation plus a reasonable

margin for profit.

Where the scope of the Works is decreased the Contract Price adjustment shall

exclude the Contractor’s margin (to the intent that the Contractor still receives its full

margin for negative variations).

The value of each Variation shall as far as possible be determined by agreement

between the Contractor and Council prior to the work proceeding.

14. Termination

Either the Council or the Contractor may terminate this contract immediately by notice in writing if the other party commits any material breach of this Contract and fails to remedy the breach within 15 Working Days of receiving written notice of such breach (and advising that termination might follow if the breach is not remedied).