Request for Tender The Owners Corporation of Units Plan 2413 Landmark Strata and Building Management Services TABLE OF CONTENTS SECTION 1 - INFORMATION ADVICE TO TENDERERS... 2 SECTION 2 - SCOPE OF SERVICES... 4 SECTION 3 - DEFINITIONS... 5 SECTION 4 CONDITIONS OF CONTRACT... 6 SECTION 5 - ANNEXURES... 133 1 P a g e
1. Section 1 - Information Advice to Tenderers 1.1. Tender Submission 1.1.1. Tenders must be completed on the attached Tender Response Form (Annexure B), and lodged in accordance with the submission instructions. Supplementary proposals may be made provided a complying tender is submitted. All tenders and supplementary proposals will be considered at the discretion of the Executive Committee (EC) who act on behalf of the Owners Corporation (OC). 1.1.2 The EC is not obliged to accept any tender and may enter into post tender negotiations with one or more parties, which may include a party who did not submit a tender. The EC shall, subject to approval by the OC, decide the successful bidder at its absolute discretion. 1.2. Brief 1.2.1. The tender briefing documents shall remain the property of UP 2413. 1.2.2. All Services are to be provided in accordance with Australian Capital Territory Laws and the latest applicable Australian Standards. 1.3. Contract Documents 1.3.1. A draft copy of the Contract is attached at Annexure A. 1.4. Tender Adequacy 1.4.1. The Tenderer is required to satisfy itself as to the correctness and sufficiency of its tender. All tenders shall be deemed to be on the basis of full knowledge of all matters relating to the Contact documents. 1.5. Closing Date and Time 1.5.1. The closing date for receipt of tenders is Friday 8 March, 2019, 5 PM. 1.5.2 The preferred method of submission of tenders is by email to evansj@grapevine.com.au. Tenders may also be submitted by hand or by post provided they are received by the closing date. The address for such deliveries is to Mr J Evans, Unit 13, 9 Bowen Drive, Barton ACT 2600. 1.6. Lump Sum Fixed Annual Price 1.6.1. The Contract shall be a lump sum Price, including insurances, but subject to GST as an additional amount, if applicable. The Price shall be at a fixed rate for each year of the contract, subject to annual adjustment. 1.7. No Poaching 1.7.1. Tenderers are not to approach the staff of Landmark or of the current strata manager during the tender period. Should there be any information or other queries that a tenderer wishes to pursue, the issue should be raised with the EC contact who will arrange for the information to be provided; this may include arranging a meeting with such staff at which a Landmark representative will be present. 1.7.2 Should the successful tenderer subsequently have been found by the EC to have failed to have complied with this requirement then the EC shall be entitled to 2 P a g e
terminate the contract forthwith. In which case Landmark shall be entitled to recover: 1.7.2.1 any costs it incurs in conducting another tender process, and 1.7.2.2 any increase in the contract Price determined through the new tender process above the original contract Price for the balance of the original contract period. 1.8 Validity Period 1.8.1 Each tender submitted shall remain firm and binding for a period of four (4) calendar months from the closing date. 1.9 Tender Information and Referees 1.9.1 Tenders shall include all information requested and provide appropriate referees, including contact names and phone numbers. 1.10 Inspection of Site (Industry Briefing) 1.10.1 Tenderers are invited to an Industry Briefing to be held on site at Landmark on 12 February 2017, at 10 AM and should send a confirming email advising the names of attendees to: evansj@grapevine.com.au by 8 February 2019, 5 PM. 3 P a g e
2 Section 2 - Scope of Services 2.1 Schedule 1 of the Contract describes the Scope of Services. 4 P a g e
3 Section 3 - Definitions 3.1 Additional to the definitions contained in the Contract, Part C.9, the following definitions shall apply to this Request for Tender and the Contract: CHECK - To inspect, examine and observe the building manager s office and the operation of equipment. INSPECT - To examine by means of physical senses to determine physical condition, and to identify visual abnormalities. CLIENT - The Owners, Units Plan 2413 (ABN: 64 812 041 372). CONTRACT - The Contract between the Client and the Contractor for the execution of the Services, including all documents to which reference may properly be made in order to ascertain the rights and obligations of the parties under the said Contract. SUBCONTRACTOR - A person other than the contractor to whom a part of the contract has been sub-let with the consent of the Client. PREMISES (Site) Landmark, 3 9 Bowen Drive and 41 47 Blackall Street Barton ACT 2600. PREVIOUS CONTRACTOR Raine and Horne Corporate Facilities Pty Ltd ABN 63 611 225 659. REQUEST FOR TENDER This document and the tender evaluation process conducted by the Client during 2019. SERVICES - The services to be provided by the Contractor as described at Schedule 1 of the Contract. MONTH - Calendar month. Words importing the singular shall be deemed to include the plural and vice versa where the test requires, and words importing persons shall include bodies corporate or incorporate. 5 P a g e
4 Section 4 Conditions of Contract 4.1 Form of Contract 4.1.1 The form of Contract, is a service agreement and is attached to this request for quote at Annexure A. The Contract includes provisions for: 4.2 Safety 4.2.1 The Contractor shall comply in respect to all relevant provisions of the relevant Work Health and Safety Regulations. 4.2.2 Before doing any act or thing in execution or performance of the Services and during the progress thereof, the Contractor shall take all reasonable precautions to prevent injury to any person or damage to any property being upon or in the vicinity of the premises. 4.2.3 The Contractor shall not smoke or allow their employees or subcontractors to smoke in any area of the premises. 4.3 Subcontracting 4.3.1 The Contractor may subcontract to specialist Subcontractors where the approval of the Client is given. No change to subcontracts or Subcontractors shall be made without the consent of the Client 4.3.2 The names of any Subcontractors proposed to be engaged on a regular basis, including all relevant details of qualifications and experience, shall form part of the tender documents. 4.3.3 The Client's consent to any subcontract shall not relieve the Contractor from all responsibility for its obligations under the Contract, and the Contractor shall be responsible for ensuring that any Subcontractor complies with all Contract conditions. 4.4 Regulations 4.4.1 The Contractor shall in the execution and performance of the Services shall comply with all statutes, regulations, ordinance, by-laws and requirements of all competent Authorities, which relate to or affect the Services. Where there is a requirement to complete a Certificate of Compliance the contractor shall do so. 4.4.2 The Contractor shall keep themselves informed of changes to all such ordinances, regulations, standards, which relate to and affect the Services. 4.5 Protection of Site 4.5.1 The Contractor shall take all reasonable and proper safety precautions to prevent death or injury to any person or damage to any property in or near the Premises and in particular all equipment used by the Contractor shall be used in such a manner and maintained and stored so as to prevent unauthorised use thereof and to minimise 6 P a g e
the danger of accident, injury or loss arising from the use of such items. 4.5.2 The Contractor shall liaise with responsible persons to ensure Common Property and Common Property plant and equipment is not inadvertently stopped. 4.5.3 The Contractor shall avoid causing any unreasonable inconvenience to Landmark residents and visitors. 4.6 Possession of the Site 4.6.1 The Client shall give the Contractor such possession of the site as necessary to execute the Services, but not exclusive possession, other than the building manager s office. 4.6.2 The Contractor shall organise and execute the Services so as to cause minimum inconvenience to the Client and occupants of the complex. 4.6.3 The Client shall give the Contractor at least three (3) days notice of inspections. 4.7 Control of Contractor s Employees and Subcontractors 4.7.1 As far as practicable the Contractor shall use the same personnel for all Services and ensure that all personnel attending the site are familiar with the layout and location of the Common Property and all office equipment. 4.7.2 The Contractor shall ensure the persons and/or Subcontractors engaged by the Contractor have the capability to perform the required duties of the Services and can reasonably be expected to pose no risk to Landmark s residents and visitors. 4.7.3 The Client shall be at liberty to object to any person and/or Subcontractor employed by the Contractor. The Contractor shall remove the person so objected to upon receipt from the Client of notice in writing requiring him to do so. 4.8 Contractor s General Obligations 4.8.1 The Contractor shall execute, perform and provide the Services to the reasonable satisfaction of the Client and in conformity with all reasonable directions and requirements of the Client. 4.8.2 The Services shall be carried out by appropriately skilled, competent and experienced persons who shall be properly trained, supervised or directed by the Contractor. 4.8.3 Prior to commencing the Services, the Contractor shall familiarise himself with: 4.8.3.1 The Common Property; and 4.8.3.2 The Building Manager s office and equipment. 4.8.4 Other than in respect of the building manager s office, the Contractor shall provide all equipment and materials for carrying out the Services. 4.8.5 In carrying out and performing the Services, the Contractor shall: 4.8.5.1 Not unreasonably interfere with the normal use of the Premises by the 7 P a g e
Client or the residents or other permitted occupiers and users. 4.8.5.2 Make good any damage to the Premises or its services or finishes caused by any act or omission of the Contractor in carrying out the Services. 4.8.5.3 Ensure that all equipment used to perform the service is kept in a safe and operable condition at all times. 4.8.5.4 Ensure that correct and proper safety procedures are followed when using the equipment. 4.8.5.5 The Contractor shall be responsible for all Services carried out under the Contract, whether performed by the Contractors' own staff or by appointed Subcontractors. 4.9 Payment 4.9.1 At least 15 days before the commencement of each month, the Contractor shall submit an invoice in accordance with the direction of the Client. 4.9.2 The invoice shall be charged monthly based on an average of the annual fixed lump sum Contract, subject to the Contractor s Additional Services and Charges as specified by Schedule 2 of the Contract. 4.9.3 No further additional payments will be made other than any other services authorised by the Client. 4.9.4 Any Services not invoiced within three (3) months after the completion of the Services may not be paid by the Client. 4.10 Default Proceedings 4.10.1 If the Contractor neglects to execute the Services with due diligence or defaults in the performance or observance of any condition or stipulation contained in the Contract or refuses or neglects to carry out any instruction which the Client is entitled to give, the Client may call upon the Contractor by notice in writing to show cause. 4.10.2 Such notice shall not unreasonably be given and must signify the default on the part of the Contractor upon which it is based. If, within seven days after receipt of the notice in writing, the Contractor fails to comply with the notice the Client may exercise any or all of the following powers: 4.10.2.1 Suspend payment under the contract until the default is rectified; or 4.10.2.2 Cancel the Contract by notice which will take effect from the date of the notice and the cancellation shall be without prejudice to any right that may have accrued to the Client or the Contractor under the Contract. 4.11 Quotations for Additional Services 4.11.1 All quotations and estimates provided shall be itemised as considered necessary, and include GST, if applicable. 4.11.2 All additional services shall be carried out under the terms and conditions of the 8 P a g e
Contract. 4.11.3 The quotation and estimates shall be provided to the EC. 4.11.4 Quotations submitted shall not necessarily be accepted and the Client shall be entitled to obtain alternative quotations and may engage another party to carry out that service. 4.12 Contractor s Observations 4.12.1 When in the course of routine inspections and servicing, the Contractor discovers Common Property requiring repairs, the Contractor shall inform the Client. 4.13 Correspondence and Notices 4.13.1 All correspondence to the Client shall be addressed to: Units Plan 2413 C/o Unit 13 9 Bowen Drive, BARTON ACT 2600. 4.13.2 All correspondence to the contractor shall be addressed to the location specified in the Contractor s tender submission. 4.14 Security 4.14.1 All persons brought onto the Premises by or at the request of the Contractor shall carry suitable identification that must be displayed. 4.14.2 The Contractor shall use the normal means of ingress and egress to and from the Premises. Where keys and electronic opening devices are supplied to the Contractor, the Contractor shall take all necessary security precautions. The keys and opening devices shall be returned to the Client when requested to do so. The Client will recover from the Contractor the cost of any keys and electronic opening devices not returned by the Contractor. 4.14.3 The Contractor shall take all necessary and reasonable steps to ensure that the security of the Premises is maintained at all times during the undertaking of the Services. 4.14.4 The Contractor shall offer a secure off-site location for the short term safe keeping of resident s keys to be used in emergencies. Arrangements to protect these keys and return them to residents should be advised. 4.15 Liabilities 4.15.1 The provisions of the Contract must be read in regards to provisions in certain legislation which may have the effect of giving the Client certain rights against the Contractor which cannot be excluded, restricted or modified by agreement between 9 P a g e
the Client and Contractor. Nothing in the Contract shall have the effect of excluding, restricting or modifying such rights except to the extent to which they can lawfully be so excluded, restricted or modified. 4.15.2 The Contractor shall indemnify the Client against claims in respect of personal injury to or the death of any person in the employment of the Contractor arising out of or in the course of or caused by the carrying out of Services, provided that such claim does not arise from the fault, negligence or actionable wrong of the Client or their representatives. 4.15.3 The Contractor shall indemnify the Client against any claim in respect of loss or damage to property or death or injury to any person arising from negligence on the part of the Contractor with the carrying out of the Services. 4.16 Contractor s Insurance 4.16.1 The Contractor must submit with their tender evidence of the effected insurance policies for public liability and workers compensation insurance held and maintained by the Contractor. 4.16.2 The Contractor shall also furnish to the Client from time to time on request evidence that the said insurance cover remains current. 4.17 Termination of the Contract 4.17.1 At the end of the Contract term the Contractor shall continue the Services until either party terminates the Contract by giving at least thirty (30) days written notice to the other party. 4.17.2 If either the Contractor or the Client fails to comply with or observe any of the provisions of the Contract then the party not being in default may give to the other party written notice of such default, stating the party's intention to terminate the Contract and should the other party in default fail to rectify such default for seven (7) days after the date of service of such notice then the party not being in default shall be entitled by further written notice to terminate the Contract forthwith, which shall operate without prejudice to any right or liability accrued at the effective date of determination. The Client reserves the right to terminate the Contract immediately without payment if the Contractor fails to comply with or observe any of the provisions of the Contract on more than one (1) occasion. 4.17.3 Should the Contractor's conduct be unprofessional or if the Contractor acts dishonestly or incompetently then the Client may terminate the Contract with immediate effect and with no obligation in respect to Services not performed. 4.18 Assignment and Sub-Letting 4.18.1 The Contractor shall not assign or sub-let the whole or any part of the Contract without the prior written consent of the Client. 4.18.2 The Client may, with the prior written consent of the Contractor, assign the Contract to any subsequent person or body who becomes entitled to an estate or interest in 10 P a g e
the Premises by notice in writing to that effect given to the Contractor. 4.19 Notices and Invoices 4.19.1 Notices and invoices required to be given or served by either party shall be sufficiently given or served if delivered to the address or to the party to be served stated in the Contract or such other address as is notified for the purposes of the Contract by either party to the other from time to time. 4.20 Representatives 4.20.1 The Client shall in writing notify the Contractor of the name and title of the Client's representative who shall be authorised to give and receive instructions and directions relating to the Contract. 4.20.2 The Contractor shall in writing notify the Client of the name and title of the Contractor's representative who is responsible for the proper performance of the Services to be performed under the Contract and who shall be authorised to give and receive instructions and directions relating to the Contract. 4.22. Probity 4.22.1. The Contractor shall advise the organisational structure of the tenderer and, where appropriate, identify the organisation s owners. 4.22.2 The Contractor shall declare any relationships with, hospitality, gifts or benefits provided to members of Landmark s Executive Committee and its subcommittees. 4.22.3 The Contractor shall confirm that it does not engage in unethical behaviour. 4.22.4 The Contractor shall declare any existing or potential conflicts of interest. 4.22.5 The Contractor shall declare any commissions which it may receive in respect of any of the Client s expenditure. 4.23. Financial Capacity 4.23.1. The Contractor shall confirm that it has the financial capacity to undertake Services of this magnitude and, if required, provide detailed balance sheet and profit and loss statements for at least three years. 4.23.2 Supporting declarations by a suitably qualified person, such as the contractor s accountant or auditor, shall also be provided by the Contractor, if requested by the Client. 11 P a g e
4.24. Hand Over 4.24.1 During the five business days before 1 August 2019, the Contractor shall, at its cost, make its personnel and/or Subcontractors available to effect an efficient hand over from the current Contractor with the objective that the Services will be fully operational on 1 August 2019. 12 P a g e
5 Section 5 - Annexures 5.1 The following are the annexures to this request for tender. 5.1.1 Annexure A: Draft Contract 5.1.2 Annexure B: Tender Response Form 13 P a g e