Mayor: Cr B Longland
Councillors: Cr M Armstrong (Deputy Mayor) G Bagnall
K Milne C Byrne W Polglase P Youngblutt
Agenda
Extraordinary Council Meeting Thursday 7 November 2013
held at Murwillumbah Cultural and Civic Centre commencing at 4.15pm
COUNCIL'S CHARTER
Tweed Shire Council's charter comprises a set of principles that are to guide Council in the carrying out of its functions, in accordance with Section 8 of the
Local Government Act, 1993.
Tweed Shire Council has the following charter:
• to provide directly or on behalf of other levels of government, after due
consultation, adequate, equitable and appropriate services and facilities for the community and to ensure that those services and facilities are managed efficiently and effectively;
• to exercise community leadership;
• to exercise its functions in a manner that is consistent with and actively promotes the principles of multiculturalism;
• to promote and to provide and plan for the needs of children;
• to properly manage, develop, protect, restore, enhance and conserve the
environment of the area for which it is responsible, in a manner that is consistent with and promotes the principles of ecologically sustainable development;
• to have regard to the long term and cumulative effects of its decisions;
• to bear in mind that it is the custodian and trustee of public assets and to effectively account for and manage the assets for which it is responsible;
• to facilitate the involvement of councillors, members of the public, users of facilities and services and council staff in the development, improvement and co-ordination of local government;
• to raise funds for local purposes by the fair imposition of rates, charges and fees, by income earned from investments and, when appropriate, by borrowings and grants;
• to keep the local community and the State government (and through it, the wider community) informed about its activities;
• to ensure that, in the exercise of its regulatory functions, it acts consistently and without bias, particularly where an activity of the council is affected;
• to be a responsible employer.
Items for Consideration of Council:
ITEM PRECIS PAGE
REPORTS THROUGH THE ACTING GENERAL MANAGER 5
REPORTS FROM THE DIRECTOR ENGINEERING AND OPERATIONS 5 1 [EO-CM] (Separable Portion A) EC2013-092 Arkinstall Park Regional
Tennis Centre Design and Construct 8 Courts + Construct New Clubhouse Building
5
2 [EO-CM] (Separable Portion B) EC2013-092 Arkinstall Park Regional Tennis Centre Design and Construct 8 Courts + Construct New Clubhouse Building
11
THIS PAGE IS BLANK
REPORTS THROUGH THE ACTING GENERAL MANAGER
REPORTS FROM THE DIRECTOR ENGINEERING AND OPERATIONS
1 [EO-CM] (Separable Portion A) EC2013-092 Arkinstall Park Regional Tennis Centre Design and Construct 8 Courts + Construct New Clubhouse Building
SUBMITTED BY: Contracts
Valid
LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK:
2 Supporting Community Life
2.3 Provide well serviced neighbourhoods
2.3.6 Provide conveniently placed and well equipped parks, sporting, recreational, cultural and community facilities
SUMMARY OF REPORT:
Tender EC2013-092 was called inviting submissions from tenderers for the Construction of the new Arkinstall Park Tennis Clubhouse and Design and Construct of additional Courts.
The tender also includes design and construction of court lighting and facility landscape.
The tender is one of a series of tenders that Council is preparing as part of the Arkinstall Park Regional Sports Centre development. The development is partially funded by a Regional Development Australia Fund (RDAF) grant, and is therefore required to meet grant construction milestones.
Tweed Shire Council is expanding the existing Tennis facility at Arkinstall Park to develop a regional tennis centre as part of Stage 1 of the Arkinstall Park Redevelopment. The proposed Tweed Regional Tennis Centre involves the expansion and upgrade of the existing tennis facility to meet Tennis Australia Regional Centre standards.
The developed facility will be able to host high level tennis tournaments, using a combination of upgrades to the existing twelve (12) court Tweed Heads Tennis Club Facility and the expansion of the facility with new courts and club building.
The expansion will include:
a) One (1) 'Red' Hotshot court, and eight (8) new International Tennis Federation (ITF) standard hard courts including a show court, court lighting and fencing;
b) Upgraded landscape and amenity areas, including perimeter fencing, and;
c) A new club building.
This Arkinstall Park Regional Tennis Centre Design and Construction Tender comprises:
a) Separable Portion A - Courts, Fencing, Lighting and Electrical, Landscape and Drainage
b) Separable Portion B - New Club Building
This report to Council will make recommendations on the contract award for Separable Portion A only.
Tenders were officially invited in accordance with the provisions of the Local Government Act 1993 and the NSW Local Government (General) Regulation 2005 tender submissions.
RECOMMENDATION:
That:
1. ATTACHMENT 1 is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, because it contains:-
(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business.
(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.
2. The tender from Court Craft (Aust) Pty Ltd be accepted to the value of
$1,533,459.60 excluding GST for tender EC2013-092 Arkinstall Regional Tennis Centre Design and Construct 8 Courts + Construct New Clubhouse Building (Separable Portion A).
3. The General Manager is given delegated authority to approve variations up to 10% of the initial contract sum to a maximum of $150,000 and those variations be reported to Council following completion of the tendered works/services.
REPORT:
Tender Background
The work to be performed under Separable Portion A of this contract comprises:
• Courts, Fencing, Lighting and Electrical, Landscape and Drainage
• One (1) 'Red' Hotshot court, and eight (8) New International Tennis Federation (ITF) standard hard courts including a show court, court lighting and fencing;
• Upgraded landscape and amenity areas, including perimeter fencing, and;
Tender Advertising
As per the requirements of the Local Government Regulation 2005, tenders were officially advertised for EC2013-092 Arkinstall Park Regional Tennis Centre Design and Construct 8 Courts + Construct New Clubhouse Building (Separable Portions) on Tuesday 17 September 2013 in The Sydney Morning Herald. The tender was also advertised on Council's webpage on Friday 13 September 2013.
Tender Submissions
As per the requirements of the Local Government Regulation 2005, tender submissions closed at 4:00pm (local time) on 16 October 2013 in the Tender Box located in the foyer of the Tweed Shire Council Civic and Cultural Centre, Murwillumbah NSW 2484. 5 tender submissions were recorded at the Tender Box opening and their details are as follows:
Tenderer ABN Tendered Amount (incl GST)
TF WOOLLAM AND SON PTY LTD 94 009 676 064
Confidential Information GREG CLARK BUILDING PTY
LIMITED
92 003 846 026 LANSKEY CONSTRUCTIONS PTY
LTD
66 010 636 512 COURT CRAFT (AUST) PTY LTD 41 003 169 015 DYNAMIC SPORTS FACILITIES
PTY LTD
82 118 535 587
Evaluation Criteria
Tenders were evaluated based on the criteria noted in the table below which were also listed in the Conditions of Tendering. Weightings were determined prior to the closing of the tender.
Criterion Document
Reference Weighting (%) Value for Money (Normalised Tender
Price)
Schedule 2,3,11,12 40 Offer Price Compared with TSC
Estimated cost (thorough pricing schedule and within suitable range of Council estimate)
Schedule 2 & 3 Yes/No Item
Financial Details and Capacity Schedule 4 Yes/No Item Previous and Current Works
(Experience)
Schedule 4 10
Project Management and Design Team (Key Personnel)
Schedule 5 5
Methodology and Work Program (Time and Approach to Site Management efficiencies between work fronts )
Schedule 6 20
WHS and Risk Management Schedule 7 7
Industrial Relations and Safety Record Schedule 7 Yes/No Item
Environmental Management Schedule 7 6
Quality Management Schedule 7 7
Proposed Subcontractors (Experience) Schedule 8 Yes/No Item
Company Insurances Schedule 9 Yes/No Item
Sustainable Procurement Schedule 10 Yes/No Item Proposed court surface and fencing
details (Plexipave desired due to Rebate advantages and preferred surface of Tennis Australia)
Schedule 11 Yes/No Item with 5% weighting
Proposed lighting details Schedule 12
Maintenance and Running costs All Schedules Yes/No Item Life of Proposed materials and
equipment
All Schedules Yes/No Item Warranty Periods Offered All Schedules Yes/No Item Council's Contract Administration Costs Schedule 6 Yes/No Item
OPTIONS:
1. Council accepts the preferred tenderer as per the recommendation.
2. Council does not accept the preferred tenderer as per the recommendation.
CONCLUSION:
That Council accepts the preferred tenderer as per the recommendation.
COUNCIL IMPLICATIONS:
a. Policy:
Procurement Version 1.4.
b. Budget/Long Term Financial Plan:
Arkinstall Park Redevelopment Project.
c. Legal:
Not Applicable.
d. Communication/Engagement:
Not Applicable.
UNDER SEPARATE COVER/FURTHER INFORMATION:
(Confidential) Attachment 1. Tender Evaluation Report - Part 1 (ECM 3210132), Part 2 (ECM 3210701), Part 3 (ECM 3210166).
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2 [EO-CM] (Separable Portion B) EC2013-092 Arkinstall Park Regional Tennis Centre Design and Construct 8 Courts + Construct New Clubhouse Building
SUBMITTED BY: Contracts
Valid
LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK:
2 Supporting Community Life
2.3 Provide well serviced neighbourhoods
2.3.6 Provide conveniently placed and well equipped parks, sporting, recreational, cultural and community facilities
SUMMARY OF REPORT:
Tender EC2013-092 was called inviting submissions from tenderers for the Construction of the new Arkinstall Park Tennis Clubhouse and Design and Construct of additional Courts.
The tender also includes design and construction of court lighting and facility landscape.
The tender is one of a series of tenders that Council is preparing as part of the Arkinstall Park Sports Precinct redevelopment. The redevelopment is partially funded by a Regional Development Australia Fund (RDAF) grant, and is therefore required to meet grant construction milestones.
Tweed Shire Council is developing a regional tennis centre at Arkinstall Park as part of Stage 1 of the Arkinstall Park Redevelopment. The proposed Tweed Regional Tennis Centre involves the expansion and upgrade of an existing tennis facility to meet Tennis Australia Regional Centre standards.
The developed facility will be able to host high level tennis tournaments, using a combination of upgrades to the existing twelve (12) court Tweed Heads Tennis Club Facility and the expansion of the facility with new courts and club building.
The expansion will include:
a) One (1) 'Red' Hotshot court, and eight (8) new International Tennis Federation (ITF) standard hard courts including a show court, court lighting and fencing;
b) Upgraded landscape and amenity areas, including perimeter fencing, and;
c) A new club building.
This Arkinstall Park Regional Tennis Centre Design and Construction Tender comprises:
a) Separable Portion A - Courts, Fencing, Lighting and Electrical, Landscape and Drainage
b) Separable Portion B - New Club Building
This report to Council will make recommendations on the contract award for Separable Portion B only.
Tenders were officially invited in accordance with the provisions of the Local Government Act 1993 and the NSW Local Government (General) Regulation 2005. Tender submissions closed at 4.00pm (local time) on Wednesday 16 October 2013 in the Tender Box located in the foyer at the Tweed Shire Council Civic and Cultural Centre, Murwillumbah NSW 2484.
RECOMMENDATION:
That:
1. ATTACHMENT 1 is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, because it contains:-
(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business.
(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.
2. The tender from Lanskey Constructions Pty Ltd be accepted to the value of
$631,210.00 exclusive of GST for tender EC2013-092 Arkinstall Park Regional Tennis Centre Design and Construct 8 Courts + Construct New Clubhouse Building (Separable Portion B).
3. The General Manager is given delegated authority to approve variations up to 10% of the initial contract sum to a maximum of $150,000 and those variations be reported to Council following completion of the tendered works/services.
REPORT:
Tender Background
The work to be performed under this Separable Portion B of the contract comprises the provision of all materials, plant, labour, and the performance of all operations of whatever kind necessary for the construction of the Tweed Tennis Clubhouse and Amenities building at Arkinstall Park, Tweed Heads and that the completed building is to be fit for purpose.
The broad scope of works includes general earthworks including minor fill works, construction of new club building. The clubhouse incorporates disabled toilet, store room, canteen and services zone in accordance with the contract drawings and specification.
Tender Advertising
As per the requirements of the Local Government Regulation 2005, tenders were officially advertised for EC2013-092 Arkinstall Park Regional Tennis Centre Design and Construct 8 Courts + Construct New Clubhouse Building (Separable Portions) on Tuesday 17 September 2013 in The Sydney Morning Herald. The tender was advertised on Council's webpage on Friday 13 September 2013.
Tender Submissions
As per the requirements of the Local Government Regulation 2005, tender submissions closed at 4:00pm (local time) on 16 October 2013 in the Tender Box located in the foyer of the Tweed Shire Council Civic and Cultural Centre, Murwillumbah NSW 2484. 5 tender submissions were recorded at the Tender Box opening and their details are as follows:
Tenderer ABN Tendered Amount (incl GST)
TF WOOLLAM AND SON PTY LTD 94 009 676 064
Confidential Information GREG CLARK BUILDING PTY
LIMITED
92 003 846 026 HAIGH'S CONSTRUCTIONS 62 797 754 259 LANSKEY CONSTRUCTIONS PTY
LTD
66 010 636 512 BEST OF BUILDERS PTY LTD 50 002 740 123
Evaluation Criteria
Tenders were evaluated based on the criteria noted in the table below which were also listed in the Conditions of Tendering. Weightings were determined prior to the closing of the tender.
Criterion Document
Reference Weighting (%) Value for Money (Normalised Tender Price) Schedules
2,3,11,12
45 Offer Price Compared with TSC Estimated
cost (thorough pricing schedule and within suitable range of Council estimate)
Schedules 2 & 3
Yes/No Item
Financial Details and Capacity Schedule 4 Yes/No Item Previous and Current Works (Experience) Schedule 4 10
Project Management and Design Team (Key Personnel)
Schedule 5 5 Methodology and Work Program (Time and
Approach to Site Management efficiencies between work fronts )
Schedule 6 20
WHS and Risk Management Schedule 7 7
Industrial Relations and Safety Record Schedule 7 Yes/No Item
Environmental Management Schedule 7 6
Quality Management Schedule 7 7
Proposed Subcontractors (Experience) Schedule 8 Yes/No Item
Company Insurances Schedule 9 Yes/No Item
Sustainable Procurement Schedule 10 Yes/No Item Maintenance and Running costs All Schedules Yes/No Item Life of Proposed materials and equipment All Schedules Yes/No Item Warranty Periods Offered All Schedules Yes/No Item Council's Contract Administration Costs Schedule 6 Yes/No Item
Total 100
OPTIONS:
1. Council accepts the preferred tenderer as per the recommendation.
2. Council does not accept the preferred tenderer.
CONCLUSION:
Council accepts the preferred tenderers as per the recommendation.
COUNCIL IMPLICATIONS:
a. Policy:
Procurement Version 1.4.
b. Budget/Long Term Financial Plan:
Arkinstall Park Redevelopment Project.
c. Legal:
Not Applicable.
d. Communication/Engagement:
Not Applicable.
UNDER SEPARATE COVER/FURTHER INFORMATION:
(Confidential) Attachment 1. Confidential Attachment Tender Evaluation Report Part 1 (ECM 3210179) Part 2 (ECM 74834906), Part 3 (ECM 74834920).
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