Tenders Subcommittee
– Terms of Reference
A Subcommittee of
the Works and Services Committee
Fields of
Activity
The Tenders Subcommittee is responsible for assisting
council in its general overview of procurement and tender activity by accepting
tenders which exceed the Chief Executive’s delegated authority to
approve, for projects previously approved by Council or a Standing Committee
within the delegated authority.
Membership
Chairman appointed
by the Council
4 members
appointed by the Council
Chief Executive
Group Manager: Asset
Management
For the avoidance
of doubt the references in this delegation to the ‘Chief Executive’
and ‘Group Manager: Asset Management’ extends to include any
persons from time to time appointed in writing to those roles in an acting
capacity.
Quorum – Any four members.
Delegated
Powers
Authority to accept tenders for individual projects previously approved
by the Council or a Standing Committee of the Council up to a value of
$8,000,000
Responsibility to provide oversight and direction on tendering
processes in general and/or specific issues relating to a particular project
The Committee
reports to the Works and Services Committee
REPORT TO: Tenders
Subcommittee
MEETING DATE: Thursday 9
November 2017
FROM: Parks and Property Services Manager
Colin
Hosford
SUBJECT: Request
to Amend Tender Resolution - Te Mata Park Toilets and Shelter
Construction
1.0 SUMMARY
1.1 The
purpose of this report is to obtain a decision from the Subcommittee to amend
an error in a previous tender resolution.
1.2 This
issue arises from a technical error in the adopted tender recommendation
relating to the Te Mata Park toilets and shelter project.
1.3 This report concludes by recommending that an
amended tender recommendation be adopted for Contract CON2017079 Te Mata Park
Toilets and Shelter, and that;
B) That the tender
from Alexander Building Solutions Ltd, for Contract No. CON2017079 – Te
Mata Park Toilets and Shelter Construction for the sum of $498,580.00 plus GST
be approved.
2.0 BACKGROUND
2.1 The
Tenders Subcommittee considered the tender for Te Mata Peak Park facilities
earlier this year, on the 28th September. At that time the
tender was appropriately awarded to Alexander Construction.
2.2 The
adopted resolutions are as follows;
A) “That the report of the Parks and Property
Services Manager titled “Request to Amend Tender Resolution - Te Mata
Park Toilets and Shelter Construction ” dated 9/11/2017 be
received.
B) That the tender from Alexander Construction for
Contract No. CON2017079 – Te Mata Park Toilets and Shelter Construction
for the sum of $498,580.00 plus GST be approved.
C) That authority to enter into Contract No. CON2017079
– Te Mata Park Toilets and Shelter Construction on behalf of Council be
delegated to the Group Manager: Asset Management.
D) That the Decision be released to the Public in
respect of the tender for CON2017079 – Te Mata Park Toilets and Shelter
Construction”.
2.3 As a
result of the Subcommittee’s decisions, officers have been completing the
necessary contract documentation to advance the project. During the
compilation of the requisite documents, it was revealed that the contractor
named in the contract documents was not the same as that named in the adopted
tender resolutions.
2.4 In
order to ensure that the process and documentation is true and correct,
officers request the Tenders Subcommittee to amend the earlier tender
resolution, to correctly state the company name of the winning contractor.
3.0 CURRENT
SITUATION
3.1 The
error made is quite simple, the tender recommendation awarded the contract to
Alexander Construction and it should read their correct name, Alexander
Building Solutions Ltd. This is a regrettable oversight as the project
manager referred to the company under their commonly known name.
3.2 In
order expedite the signing of the tender contract, officers ask that the
Subcommittee adopt a new resolution that is essentially identical to the
previous resolution, except that it correctly names the winning contractor.
3.3 This
issue is a minor amendment and has no material impact on either the process
taken or any of the parties involved.
3.4 Officers
seek to correct the minor error to ensure that any potential for Council to be
exposed to risks, due to a minor technicality, is avoided. In the
unlikely event of some contractual dispute, officers seek to ensure that
Council’s processes are rigidly followed and that the signed contract is
indeed with the contractor as adopted by the Tenders Subcommittee.
3.5 The
tender submitted was in the name of Alexanders Building Solutions Limited which
was tender evaluated. The report and recommendation should have reflected
this.
4.0 RECOMMENDATIONS
4.1 Essentially,
the adopted resolution of 28/09/17 can remain unchanged except for Recommendation
B) which needs a minor amendment to reflect the correct company name.
This means it should read Alexanders Building Solutions Limited and
not Alexanders Construction, as initially reported.
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5.0 RECOMMENDATIONS
A) That
the report of the Parks and Property Services Manager titled “Request
to Amend Tender Resolution - Te Mata Park Toilets and Shelter Construction”
dated 9/11/2017 be received.
B)
That resolution Item 10 (B) of the Tenders Subcommittee Meeting
held on 28 September 2017 be amended such as to read:
“That
the tender from Alexander Building Solutions Limited for Contract No.
CON2017079 – Te Mata Park Toilets and Shelter Construction for the sum
of $498,580.00 plus GST be approved”.)
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Attachments:
There are no
attachments for this report.
Hastings District
Council