2022-11-30 Special Meeting Agenda

SPECIAL MEETING AGENDA                                                         30 NOVEMBER 2022


Due to its age a detailed condition assessment was commissioned in 2020 which recommended a
number of outcomes for extending the usable life of the various assets that comprise the lock and
weir system, including repairs to a number of critical items and direct replacement of other elements.
This includes replacement of the lock steel gates and actuator motors. The unique nature of the
equipment involved and the need for a detailed construction methodology led staff to seek a
specialist contractor with the expertise to undertake the design and construction activities required
in order to achieve the refurbishment outcomes.

2.    Procurement Process
Due to the forecasted construction cost for the project being greater than $200,000, staff prepared
and invited written tenders in accordance with the Local Government Act 2009. Invitation to Tender
T000081 was released via VendorPanel and advertised on Council’s website on 27 June 2022, and
advertised in the Noosa Today and Sunshine Coast Daily publications on 27 June 2022. The tender
closed at 2.00pm (AEST), 20 July 2022 with one (1) tender response received. A conforming
submission was received from the following respondents:
   •   Kellybourke Pty Ltd

The tenderer also submitted a non-conforming tender in accordance with the procurement process
guidelines, advising an alternative pricing (further details below).

The received tender was comprehensive and provided sufficient detail to allow the evaluation panel
to undertake assessment. The tender was evaluated by the evaluation panel using the following
evaluation criteria and weightings:

 Evaluation Criteria                                                    Weighting (%)
 Price                                                                      40%
 Capability, Experience & Capacity                                          15%
 Contract Experience & Capacity                                             10%
 Methodology                                                                15%
 Quality and Health & Safety                                                10%
 Environment & Sustainability                                                5%
 Contribution to Local Economy                                               5%

               Table 1 – Tender Evaluation Criteria
The tender prices received were:

 Respondent                                               Lump Sum Price ($ excl. GST)

 Kellybourke Pty Ltd (Conforming Tender)                                                  2,112,236

 Kellybourke Pty Ltd (Non-conforming Tender)                                              1,763,022

The difference in tender pricing related to the issue of professional indemnity (PI) insurance, a
requirement for the project. This provides cover to the insured party for the financial consequences
of neglect, error or omission when providing design-related professional services. The core business
for the tenderer was contracting-related services only, and as such PI Insurance did not factor into
the non-conforming pricing submission. The conforming submission included a provisional sum-only
for PI Insurance.
Following negotiations with the tenderer, they managed to secure PI Insurance for the project and
advised a final price as follows:

 Respondent                                            Final Lump Sum Price ($ excl. GST)

 Kellybourke Pty Ltd (Conforming Tender)                                                    1,822,037



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