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Late Agenda

Ordinary Council Meeting

17 June 2013

The meeting commences at 6.30pm. If members of the public are

not interested in any business recommended to be considered in

Closed Session or there is no such business, Council will ordinarily

† commence consideration of all other business at 7pm.

 


 

Notice of Meeting

 

Dear Councillors

 

Notice is given of the Ordinary Council Meeting, to be held in the Council Chambers on Monday 17 June 2013 commencing at 7pm. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully

 

 

 

 

Craig Wrightson

General Manager

 

Council Meeting Procedures

 

The Council meeting is chaired by the Mayor, Councillor Scott Bennison. Councillors are entitled to one vote on a matter. If votes are equal, the Chairperson has a second or casting vote. When a majority of Councillors vote in favour of a Motion it becomes a decision of the Council. Minutes of Council and Committee meetings are published on Councilís website www.lanecove.nsw.gov.au by 5pm on the Thursday following the meeting.

 

The Meeting is conducted in accordance with Council's Code of Meeting Practice. The order of business is listed in the Agenda on the next page. That order will be followed unless Council resolves to modify the order at the meeting. This may occur for example where the members of the public in attendance are interested in specific items on the agenda.

 

Members of the public may address the Council Meeting on any issue for a maximum of 3 minutes during the public forum which is held at the beginning of the meeting. All persons addressing the Meeting must speak to the Chair. Speakers and Councillors will not enter into general debate or ask questions.

 

If you do not understand any part of the information given above; require assistance to participate in the meeting due to a disability; or wish to obtain information in relation to Council, please contact Councilís Manager Governance on 99113525.

 

Please note meetings held in the Council Chambers are recorded on tape for the purposes of verifying the accuracy of minutes and the tapes are not disclosed to any third party under the Government Information (Public Access)† Act 2009, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.

 

 

 


Ordinary Council 17 June 2013

TABLE OF CONTENTS

 

 

Officer Reports for Determination

 

2.†††††† Tender for Supply and Installation of Traffic Signals at Mowbray Road, Ralston Street and Beaconsfield Road

 

3.†††††† Revised Tender for Access Road Across 304-314 Burns Bay Road

 

 

 

 

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Ordinary Council Meeting 17 June 2013

Tender for Supply and Installation of Traffic Signals at Mowbray Road, Ralston Street and Beaconsfield Road

 

 

Subject:††††††††† Tender for Supply and Installation of Traffic Signals at Mowbray Road, Ralston Street and Beaconsfield Road††

Record No:††† SU5119 - 27263/13

Division:†††††††† Open Space and Urban Services Division

Author(s):††††† Tim Sullivan†

 

 

Executive Summary

 

Council called for tenders in accordance with Councilís Tender and Quotation Procedure for the provision of Supply and Installation of Traffic Signals at Mowbray Road, Ralston Street and Beaconsfield Road. This report provides details on the tender process conducted and recommends that the tender from Corrigan Electrics be accepted.

 

Background

 

The need for a new set of traffic signals for the intersection at Mowbray Road, Ralston Street and Beaconsfield Road was identified by Lane Cove and Willoughby Councils. After years of discussion and public consultation, an option was chosen by both Councils, together with Roads and Maritime Services (RMS) and a final design was approved by all parties which included all specifications for installation of the traffic signals and construction works was completed. This project is at no cost to Council as RMS will reimburse Council for the total project cost.

 

Discussion

 

Assessment Criteria

 

A tender specification was prepared detailing the schedule of work, specification of equipment to be supplied, safety requirements and reporting requirements. The specification outlined that the tender submissions would be assessed based on the following weighted criteria:-

 

Price 50%: Based on the Tender Price, schedule of rates and unit rates for costing of variations provided in the mandatory schedules. The bids were scored based on a pro rata difference in prices submitted, with the lowest price receiving 50 points.†

 

Capability and Capacity 40%: Refers to the experience and trustworthiness of the tenderer and its personnel, including management and supervision, the experience of any sub-contractors to be used, the capability of the tenderer to work within relevant policy frameworks and applicable legislation, and any initiatives for change and improvement.

 

To achieve the maximum score the tenderer is to have relevant experience, capability to perform the services required, positive reference checks, provide full details of personnel and equipment to carry out the work, management structure of the company and contingency plans to cover downtime and other unforeseen circumstances.†

 

Response to the Environmental Questionnaire 10%: This refers to the manner in which the questions contained in the Environmental Questionnaire were responded. It also took into account how environmental issues are to be appropriately addressed, including commitment to due diligence and the principles of ecologically sustainable development (ESD) in regard to environmental legislation and documentation outlining past performance in regard to environment protection and enhancement initiatives. To achieve the maximum score the tenderer is to provide details of an environmental policy and answer yes to all applicable questions in the Environmental Survey included in the tender specification.

 

Tender Submissions

 

A Tender Brief was sent to 4 (four) contractors, that are included in the RMSís list of pre-approved contractors for supply and installation of traffic signals. The closing date for submissions was 4pm on 5 June 2013 and Council received 2 submissions.

 

Tender Evaluation

 

The tenders were then assessed by the Tender Review Panel consisting of the Councilís Manager Ė Governance, Acting Manager Traffic and Transport and a contract staff member working for Council as a Traffic Signals Engineer. The Tender Evaluation Table which ranks each tenderer against the assessment criteria is shown below:-

 

Company

Price (50%)

Capability & Capacity (40%)

Response to Environmental Questionnaire (10%)

 

Total

Corrigan Electrics

Preferred

Equal Preferred

Preferred

Preferred

Wispkhan

 

Equal Preferred

 

 

 

The Tender Review Panel recommends that the tender from Corrigan Electrics be accepted as they scored the highest across all selection criteria and is lower than the price RMS expected given the scope of the project and similar projects in other council areas.

 

Conclusion

 

A confidential memorandum has been circulated separately to Councillors detailing the prices submitted by each tenderer and details of the tender panel assessment.

 

 

RECOMMENDATION

 

That:-

 

1.†† The tender for the provision of Supply and Installation of Traffic Signals at Mowbray Road, Ralston Street and Beaconsfield Road be awarded to Corrigan Electrics for an amount of $311,300 (including GST); and

 

2.†† The General Manager be authorised to enter into contract with Corrigan Electrics.†

 

 

 

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.


Ordinary Council Meeting 17 June 2013

Revised Tender for Access Road Across 304-314 Burns Bay Road

 

 

Subject:††††††††† Revised Tender for Access Road Across 304-314 Burns Bay Road††

Record No:††† SU5011 - 28280/13

Division:†††††††† Open Space and Urban Services Division

Author(s):††††† Wayne Rylands†

 

 

Executive Summary

 

At the Council Meeting of 20 May 2013, the tender for the construction of the access road across 304-314 Burns Bay Road was considered. Council resolved:-

 

1.†† Note that all tenders are above Councilís budget for the project.

2.†† Reject all tenders and as Council has called tenders and identified suitable organisations in the Construction and Civil Works industry, rather than call fresh tenders, enter into direct negotiations with all tenderers to achieve a lower cost, through an alternate design deleting the proposed column free area.

3.†† Authorise the General Manager to conduct such negotiations and a further report be submitted to Council outlining the results of the negotiations.

 

This report recommends that the tender from Talis Civil Pty Ltd be accepted.

 

Discussion

 

Revised tenders, with an alternate design deleting the proposed column free area, were issued to the five companies that had tendered on the original project. With all else being equal, with respect to the previous tender criteria, lowest price was considered to be the main factor for ongoing negotiations. Four of the five companies issued with the revised tender submitted new prices. The prices tendered, have been provided to Councillors in a separate memorandum.

 

A Detailed Financial Assessment was undertaken by financial experts Corporate Scorecard of the preferred tenderer, which has been provided to Councillors separately. The financial assessment highlighted an area of concern for Council. Subsequently, Council sought advice from our solicitor, Schmidt-Liermann Pty Ltd, which has been provided separately to Councillors. Schmidt-Liermann provided four recommendations to Council in order to best minimise our transactional risk associated with awarding the contract to Talis Civil.

 

Council referred the additional transactional risk recommendations to Talis Civil Pty Ltd to ascertain their acceptance to providing the additional guarantees, securities and financial clarifications as sought by Councilís solicitor.

 

Talis Civil Pty Ltd has accepted the additional guarantees and securities. Further, Talis Civil has provided a validation by an external accountant to the accuracy of their financials as of 31 May 2013, confirming that the financial statements will not be materially changed as a result of end of year adjustments.

Conclusion

A confidential memorandum has been circulated separately to Councillors detailing the prices submitted by each tenderer, providing the Corporate Scorecard detailed financial assessment of the preferred tenderer and advice from Councilís solicitor on recommended additional guarantees, securities and financial clarifications for the preferred tenderer to address and agree to.

 

 


 

 

RECOMMENDATION

 

1.†† That Council accept the Tender from Talis Civil Pty Ltd for an amount of $2,661,264.00 (inclusive of GST) for the provision of the access road across 304-314 Burns Bay Road.

2.†† That the General Manager be authorised to enter into a contract with Talis Civil Pty Ltd.

3.†† That having regard to 1 & 2 above and the operation of Clause 5.10. of the NPWC3 General Conditions of Contract (Contract) Council execute a Deed of Guarantee under seal, by way of additional security, for the performance of the Contract.

 

 

 

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

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