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REPORTS FROM THE DIRECTOR COMMUNITY AND NATURAL RESOURCES

a16 [CNR-CM] RFO2016163 Supply, Construction, Testing and Commissioning of the Expansion to the Tweed Heads Library, Brett Street, Tweed Heads

SUBMITTED BY: Infrastructure Delivery

Valid

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK:

1 Civic Leadership

1.3 Delivering the objectives of this plan

1.3.1 Council's organisation will be resourced to provide the essential services and support functions to deliver the objectives of this Plan

SUMMARY OF REPORT:

Request for Offer RFO2016163 Supply, Construction, Testing and Commissioning of the Expansion to the Tweed Heads Library, Brett Street, Tweed Heads, was called to engage a suitably qualified and experienced organisation to complete the works according to the specifications and drawings included in the Offer documents.

Offers were invited in accordance with the provisions of the Local Government Act 1993 and the NSW Local Government (General) Regulation 2005. Offer submissions closed at 4.00pm (local time) on 23 November 2016 in the Tender Box located in the foyer at the Tweed Shire Council Civic and Cultural Centre, Murwillumbah.

Recommendations have been formulated based on the Selection Criteria and post Offer negotiations with the successful Bidder, details of which are contained in the Offer Evaluation Report included in CONFIDENTIAL ATTACHMENT 1.

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2. The General Manager be granted delegated authority to approve appropriately deemed variations to the contract and those variations be reported to Council six monthly and at finalisation of the contract.

3. ATTACHMENTS 1 and 2 are CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, because it contains:

(d) commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret.

4. An additional $500,000 expenditure towards the library expansion, funded from the Community Facilities Reserve, be included in the December 2016 budget review

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REPORT:

Offer Background

Request for Offer RFO2016163 Supply, Construction, Testing and Commissioning of the Expansion to the Tweed Heads Library, Brett Street, Tweed Heads was called to engage a suitably qualified and experienced organisation to complete the works in accordance with the specifications and drawings included in the offer documents.

Offers were invited in accordance with the provisions of the Local Government Act 1993 and the NSW Local Government (General) Regulation 2005. Offer submissions closed at 4.00pm (local time) on 23 November 2016 in the Tender Box located in the foyer at the Tweed Shire Council Civic and Cultural Centre, Murwillumbah NSW 2484.

Offer Advertising

As per the requirements of the Local Government Regulation 2005, offers were advertised for RFO2016163 Supply, Construction, Testing and Commissioning of the Expansion to the Tweed Heads Library, Brett Street, Tweed Heads on Tuesday 25 October 2016 in the Sydney Morning Herald. The offer was also advertised in the Gold Coast Bulletin, Brisbane Courier Mail and Tweed Link.

Offer Submissions

As per the requirements of the Local Government Regulation 2005, Offer submissions closed at 4.00pm (local time) on 23 November 2016 in the Tender box located in the foyer of the Tweed Shire Council Civic and Cultural Centre, Murwillumbah NSW 2484. Two (2) submissions were recorded at the Tender Box opening and their details are as follows:

Bidder ABN

Ware Building Pty Ltd 26 003 503 035

J.M. Kelly Builders Pty Ltd 20 009 801 665

The Offer Evaluation Panel consisting of two Contracts Engineers and the Manager Community and Cultural Services Unit conducted the Offer evaluation and post Offer negotiations with the Bidders.

A copy of the Offer Evaluation Report is included in ATTACHMENT 1 which is CONFIDENTIAL in accordance with Section 10A:

(d) commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or

(4)

OPTIONS:

That Council:

1. Accepts the Offer for RFO2016163 Separable Portions 1 and 2 from J.M. Kelly Builders Pty Ltd (ABN- 20 009 801 665; ACN 009 801 665) for $2,537,897.00 (Exclusive of GST).

2. Declines all Offers and readvertises the Offer on the open market.

CONCLUSION:

Council awards the Contract RFO2016163 to J.M. Kelly Builders Pty Ltd (ABN- 20 009 801 665; ACN 009 801 665) for $2,537,897.00 (Exclusive of GST) as detailed in the offer evaluation report confidential Attachment 1 for the Supply, Construction, Testing and Commissioning the Expansion to the Tweed Heads Library, Brett Street, Tweed Heads.

COUNCIL IMPLICATIONS:

a. Policy:

Procurement Policy v1.6.

In accordance with Local Government (General) Regulation 2005.

b. Budget/Long Term Financial Plan:

Council resolved at its meeting on 21 July 2016 to allocate additional funds to the budget bringing the total to:

Library Section 94 Plan $1,827,365

Library Grant 200,000

Savings from RTRL budget (2017) 103,000

Community Facilities Reserves 320,000

$2,450,365

After receipt of the open market Offers and allowing for appropriate variations and contingencies, an additional $500,000 will need to be budgeted for if the expansion project is to proceed.

These additional funds can be sourced from the Community Facilities Reserve which would increase the total budget for the expansion project to $2,950,365.

c. Legal:

Not Applicable.

d. Communication/Engagement:

Inform - We will keep you informed.

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UNDER SEPARATE COVER/FURTHER INFORMATION:

(Confidential) Attachment 1. RFO2016163 Offer Evaluation Report (ECM 4344731)

(Confidential) Attachment 2. RFO2016163 Offer Evaluation Scoresheet (ECM 4340955)

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