Invitation to Tender
For
Repairs to the South Promenade
at
Hunstanton Promenade
1
SECTION 1 – Information and Instructions
Introduction
The Borough Council of King’s Lynn & West Norfolk (the Council) is inviting tenders
for the repair of voids to the South Promenade, Hunstanton. Tenders are being
invited from companies who are considered competent to carry out the works and
can start with minimum notice. The work involves taking & recording core samples,
filling voids and replacement of sealant to the promenade and seawall
Qualification Questionnaire
In an effort to reduce the administrative burden on potential suppliers for this contract
the Council is not asking all bidders to complete a qualification questionnaire.
However, if you come top in the evaluation of tenders submitted we will require
additional information, prior to the offer of a contract, sufficient for the Council to
establish that your financial stability, insurance arrangements and compliance with
Health & Safety legislation are satisfactory.
Contract Timescale
The successful contractor will be expected to start work on the remedial works as
soon as is practicable after the tender has been accepted by the Council, no later
than 11th April 2016.
Queries
Any queries regarding the tender process, the proposed Contract, or the
Specification should be addressed to:Martin Gibbs, Trainee Procurement Officer
Telephone: 01553 616248
Email: martin.gibbs@west-norfolk.gov.uk
Any queries that may have a material effect on the costing of the tender will be
circulated to all participants along with the Council’s response. Queries received
less than seven days before the closing date may not be answered. If a query gives
rise to the need for an amendment to the original documents an extension to the
closing date may be made, in which case all parties will be notified simultaneously.
Submission of Tender
Tenders may only be submitted on the Tender Response Form (Section 6 of this
document) and they should be accompanied by the Non-Collusion Certificate on
page 29. They must be delivered in a plain envelope bearing nothing, such as
franking marks, to indicate the identity of the sender. Please remember that some
Royal Mail Works, such as Special Delivery, require the senders name on the
envelope which is not acceptable. Electronic submission is not acceptable.
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One hard copy of the tender is required and an electronic copy on DVD or CD should
be enclosed. The address label “TENDER DOCUMENTS”, in Section 7 of this
document, should be attached to the envelope. The tender must arrive by 12.00
noon on Thursday 11th February 2016.
The Council may, after the opening of the tenders, enter discussions or post-tender
negotiations with any participant.
Tender Evaluation
The successful contractor will be one that offers the most economically
advantageous tender. The tenders will be evaluated on the basis of:1)
Cost
75%
2)
Experience:a) Filling voids in sea defences
8%
b) Sea defence sealant work
6%
c) Taking & recording concrete cores
3%
d) Working in close proximity to public
3%
3)
Contract Duration
5%
Contract Award
The Council does not undertake to accept any tender. However, assuming that the
process is successful, the Council will notify all participants simultaneously about the
intended award.
Site Visits
It is regarded as essential that, prior to submitting their tender, interested Contractors
should visit the sites and make themselves fully conversant with the site, the
restrictions that will be imposed upon them, the facilities for access and all other
matters affecting this Tender and the execution of the works.
No claim for any extras or variations will be entertained by the Council unless the
item could not be reasonably foreseen at the time of the preparation of the tender.
Site visits can be arranged by prior appointment with Allison Bingham on 01553
616743 or e-mail allison.bingham@west-norfolk.gov.uk or David Morton on 01485
536147 or email david.morton@west-norfolk.gov.uk
Freedom of Information Act 2000
The Freedom of Information Act (FOIA) came into force on 1st January 2005 and
established a general right of access to all types of 'recorded' information, including
public contracts and procurement activity held by the Borough Council, subject to
certain conditions and exemptions. Accordingly, all information submitted may need
to be disclosed in response to a request under the Act.
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This means that the Borough Council is obliged under the Act to release certain
information about its contractors into the public domain within certain limits and
according to relevant exemptions. The main exemption relevant to procurement is
commercial interests, which means trade secrets and information likely to prejudice
the commercial interests of any person (including the Borough Council) holding it.
If you consider that any of the information in your tender is commercially sensitive,
please explain (in broad terms) what harm may result from disclosure if a request is
received, and the time period applicable to that sensitivity. You should also be aware
that, even where you have indicated that information is commercially sensitive, the
Council may be required to disclose it under the Act if a request is received.
Please also note that the receipt of any material marked "confidential" or equivalent
by the Council should not be taken to mean that we accept any duty of confidence by
virtue of the marking.
If a request is received, the Council may also be required to disclose details of
unsuccessful participants.
Government Transparency Policy
The policy of central government is that all Local Authorities should be completely
transparent about what they spend taxpayers’ money on and who that money is
spent with. Therefore, you should be aware that if you are successful in obtaining
this contract, or any other business, with the Council, details of all payments over
£500 will be published on the Council’s website.
The Council will also publish, on a quarterly basis, details of all contracts awarded
and purchase orders issued over £5,000 in value.
Construction Industry Scheme
The Contractor must comply with H M Revenue and Customs, Construction Industry
Scheme. Contractors will be expected to supply the Council with all relevant
information required by the Revenue and Customs. Failure to do so will delay any
payment due.
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SECTION 2 – Conditions of Contract
Unless specifically and clearly qualified in the tender, it will be assumed, when
tenders are evaluated, that participants find these conditions of contract acceptable
and will carry out the works, if appointed, strictly in accordance with them.
On completion of the tender evaluation, the successful contractor will be issued with
an official Purchase Order which will be subject to the Council’s standard Conditions
of Purchase. These conditions can be found on the Council’s website at:
http://www.west-norfolk.gov.uk/Default.aspx?page=22929. The order together with
these tender documents, including the following terms, will form the basis of the
contract.
1.0
Contractors Obligations
1.1
The Contractor will carry out the works in accordance with the Contract
Documents and shall exercise reasonable skill and care in the
completion of the works.
1.2
The Contractor will ensure where the performance of the Contract or
any part thereof is carried out by a third party that such third party
complies with such provisions of the Contract as shall be reasonable
for them to comply with.
1.2.1 For the avoidance of doubt and without limit to the generality of
the forgoing all third parties engaged by the Contractor shall
comply in full with clauses 1.1, 18, 19, 21, 22 and 23 as though
they were the Contractor.
1.3
2.0
Nothing in this clause shall be deemed to have waived the obligations
of clause 17.
Indemnity/Insurance
2.1
The Contractor will indemnify and keep indemnified the Council from
and against any and all loss, damage or liability (whether criminal or
civil) suffered and legal fees and costs incurred by the Council arising
out of or in the course of or caused by the provision of Works except to
the extent that the same are due to any act or neglect of the Council or
any person whom the Council is responsible.
2.2
Without prejudice to his liability to indemnify the Council the Contractor
shall take out and maintain insurance which shall comply with the
Employer’s Liability (Compulsory Insurance) Act 1969 and shall take
out and maintain insurance in respect of injury or damage to any
property real or personal which shall be for an amount not less than
£ 5,000,000 for any one occurrence or series of occurrences arising
out of one event.
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2.3
3.0
Payment
3.1
4.0
If the Works are not completed by the completion date inserted in
Clause 4 above the Contractor shall pay to allow to the Employer
liquidated damages at the rate of £ 200.00 per week.
Variation
6.1
7.0
To be agreed following contract award.
Liquidated Damages
5.1
6.0
The Council will pay to the Contractor such sums as are due in
accordance with the Contract Documents.
Commencement/Completion
4.1
5.0
The Contractor shall produce such evidence as the Council may
reasonably require that the insurances referred to in clause 2.2 above
have been taken out and are in force at all material times.
The Parties may, without invalidating this Contract and subject to
compliance with the Council’s Contract Standing Orders, agree in
writing order changes to the Works or the order or period in which they
are carried out.
Failure to Provide the Contract Works
7.1
If the Contractor shall fail to provide any part of the Works at any time
the same ought to have been provided under the terms of the Contract
then, without prejudice to any other right to remedy which the Council
may possess in respect of such failure, the Council may:
7.1.1 without determining the Contract in whole in or part, itself
provide or procure the provision of such part of the Works until
such time as the Contractor shall have proved to the reasonable
satisfaction of the Project Officer that such part of the Works will
once more be provided by the Contractor to the Contract
Standard or, at the Council’s option, until such later time as the
Project Officer may specify; and
7.1.2 without determining the whole of this Contract, determine this
Contract in respect of such part of the Works only and thereafter
itself provide or procure the provision of such part of the Works.
7.2
The remedies of the Council under this Clause may be exercised
successively in respect of any given default by the Contractor. All
costs incurred by the Council in the exercise of the remedies under this
Clause may be deducted from any monies due or to become due to the
Contractor under the Contract or shall be recoverable as a debt.
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8.0
9.0
Termination
8.1
The Council may by notice in writing forthwith determine all or part of
the Contract:
8.2
If the Contractor without reasonable cause makes default by failing to
proceed diligently with the provision of the Works the Council may by
notice in writing to the Contractor determine the employment of the
Contractor under the Contract.
8.3
If the Council shall reasonably decide that the Contractor is suffering
from financial difficulties which affect or threaten to affect the
performance by the Contractor of his obligation hereunder.
8.4
If the Contractor makes a composition or arrangement with his
creditors or becomes bankrupt or being a company makes a proposal
for a voluntary arrangement for a composition of debts or a scheme of
arrangement or has a provisional liquidator appointed or has a winding
up order made or passes a resolution for voluntary winding up (except
for the purposes of amalgamation or reconstruction) or has an
administrator or an administrative receiver appointed.
8.5
Under determination of the employment of the Contractor under clause
8.2 or 8.3 or 8.4 above the Council may recover from the Contractor
the additional cost to him of completing the Works any expenses
properly incurred by the Council as a result of and any direct loss
and/or damage caused by the Council by the determination.
Specification/Schedule of Works
9.1
The Contractor shall be deemed to have satisfied himself as to the
accuracy, nature and extent of the Works required by the Specification
before the execution of the Contract.
9.2
The Contractor shall be deemed to have satisfied himself before
submitting his tender as to the correctness and sufficiency of his tender
which shall (except insofar as it is otherwise provided in the Contractor)
cover all his obligations under the Contract.
9.3
If the Contractor finds a discrepancy, error, omission or misstatement
in the documentation he shall immediately refer the same in writing to
the Project Officer.
9.4
Any such discrepancy, error, omission or misstatement shall not vitiate
the agreement nor shall it release the Contractor from the completion
of the whole or any part of the Works required by the Contract. The
Project Officer shall in all instances issue instructions as to such
discrepancies, errors, omissions and misstatements.
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9.5
10.0
11.0
Alterations to Contract Documents
10.1
No omission from, addition to or variation to the tender Documentation
and/or the Contract shall be valid or of any effect unless it is agreed in
writing and signed by the Project Officer and by a duly authorised
representative of the Contractor.
10.2
Save for an omission, addition or variation agreed pursuant to Clause
10.1 hereof any provision inconsistent with the Contract contained in
any other document or in any oral agreement is agreed to be void and
of no effect.
Whole Agreement
11.1
12.0
Each party acknowledges that this Contract contains the whole
agreement between the parties and that is not relied upon any oral or
written representation made to it by the other or its employees or
agents and has made its own independent investigations into all
matters relevant to it.
Supersedes prior Agreement
12.1
13.0
The Specification describes as far as practicable the whole of the
Works to be provided by the Contractor is responsible for ensuring that
all these and incidental works are completed in the proper manner as
generally accepted for his particular profession and in particular in
accordance with the appropriate Standards and/or Code of Practice.
This Contract supersedes any prior arrangement between the parties
whether written or not.
Interpretation
13.1
In the Contract, unless the contrary appears:
13.1.1 A reference to an Act of Parliament or any Order, Rule,
Regulation, Statutory Instrument, Directive or the like (including
those of the European Community) shall include a reference to
any amendment or re-enactment of the same made prior to or
during the Contract Period and will automatically include any
such Act, Order, Rule, Regulation, Statutory Instrument,
Directive or the like enacted during the Contract Period which
impinges upon the Works and/or the Contract Standard.
13.1.2 Words importing the masculine include the feminine, words in
the singular include the plural, and words in the plural include
the singular.
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14.0
15.0
Notices
14.1
No Notice to be served upon the Contractor shall be valid and effective
unless it is delivered by hand, facsimile transmission or sent by
recorded, registered or special delivery post to the Contractors
principal place of business which unless notified to the Council in
writing otherwise shall be assumed to be the address the Contractor
detailed in the contract.
14.2
No Notice to be served upon the Council shall be valid or effective
unless it is delivered by hand, facsimile transmission or sent by
Recorded, Registered or Special Delivery Post to the Legal Services
Manager.
14.3
Any Notice to be served shall be deemed to be given on the date that it
is delivered by hand or sent by facsimile transmission or is sent by
Recorded, Registered or Special Delivery Post on the date when it
would be delivered in the ordinary course of Post.
Recovery of sums due
15.1
16.0
Waiver
16.1
17.0
Whenever under the Contract any sum of money be properly
recoverable from or payable by the Contractor, the same may be
deducted from any sum then due, or which at any time thereafter may
become due to the Contractor under the Contract or under any other
Contract with the Council.
The failure by either party to enforce at any time or for any period any
one or more of the terms or conditions of this agreement shall not be a
waiver of them or of the right at any time subsequently to enforce all
terms and conditions of this Agreement.
No assignment or sub-contracting
17.1
The Contractor shall not assign or sub-contract this Contract or any
part thereof without the consent in writing of the Council.
17.2
The Contractor may not substitute any goods or materials specified
within the Contract Documents for any others without the consent in
writing of the Council.
17.3
If the Contractor has without the previous consent in writing of the
Council sub-let any part of the Works the Council may determine this
contractor notwithstanding that the Contractor may have subsequently
ceased to employ the sub-contractor.
17.4
It shall be a condition of any consent to sub-let any part of the Works
that the employment of the sub-contractor shall cease immediately
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upon the determination (for whatever reason) of the Contractor’s
employment under this Contract.
18.0
Prevention of Corruption
18.1
The Council shall be entitled to terminate this Contract with immediate
effect and to recover from the Contractor the amount of any loss
resulting from such termination if:
18.1.1 The Contractor shall, in the opinion of the Council, have offered
or given or agreed to give to any person any gift or consideration
of any kind as an inducement or reward for doing or forbearing
to do or for having done or forborne to do any action in relation
to this Contract or any other contract, whether with the Council
or anyone else; or
18.1.2 The like acts shall have been done by any person employed by
the Contractor or acting on his behalf (whether with or without
his knowledge);
18.1.3 In relation to any contract whether with the Council or anyone
else, the Contractor or any person employed by him or acting on
his behalf and whether with or without his knowledge, shall have
committed any offence under the Prevention of Corruption Acts
1889 to 1916 (or any amendments of them) or, have given any
fee or reward or solicited or accepted any form of money or
taken any reward collection or charge for providing the Service,
the receipt of which is an offence under Section 117 (2) of the
Local Government Act 1972, other than bona fide charges
previously approved in writing by the Council;
18.1.4 The Contractor when quoting fixed or adjusted the amount of the
tender under or in accordance with any agreement or
arrangement with any other person or before the hours specified
for the return of the tenders
18.1.4.1 Communicated to a person other than the Council the
amount or the approximate amount of its tender
(except where the disclosure in confidence of the
approximate amount of its tender was essential to
obtain insurance premium tenders required for the
preparation of its tender)
18.1.4.2 Entered into an agreement with any other person
whereby that the other person would refrain from
quoting or as to the amount of any tender to be
submitted.
18.1.4.3 Offered or paid or gave or agreed to give any sum of
money or valuable consideration directly or indirectly
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to any person for doing or having done or causing or
having caused to be done in relation to any other
tender or proposed tender any act or thing of the sort
described above.
19.0 Observance of Statutory Requirements
19.1
The Contractor shall comply with all statues, orders, regulations or byelaws applicable to the performance of the Contract and indemnify the
Council against any losses, claims, liabilities, costs, expenses,
proceedings or otherwise as a result of the Contractors noncompliance with the same.
20.0 The Project Officer
20.1
The Project Officer or his authorised deputy shall in accordance with
the Contract but not further or otherwise have power and authority to
issue reasonable instructions and directions on any matter in
connection with the proper performance of the Works but subject to the
terms of the Contract and the Contractor shall carry out and be bound
by the same. The Project Officer shall not exercise any functions;
rights or powers beyond those conferred by the Contract.
20.2
The Project Officer shall be the Council’s NRAC Auditor, Allison
Bingham or her authorised deputy.
21.0 Confidentiality
21.1
Save for information already in the public domain or the Contractor’s
knowledge the Contractor and the Contractor’s staff shall treat as
confidential and shall not disclose to any person other than a person
authorised by the Council, any written and confidential information
acquired by the Contractor or the Contractor’s staffing or in connection
with the provision of the Works concerning the Council’s Premises, the
Council, its staff or its procedures.
22.0 Freedom of Information
22.1
The Contractor acknowledges that the Council has legal
responsibilities to make information available under the Freedom of
Information Act 2000 (“the Act”)
22.2
The Contractor shall give reasonable assistance to the Council to
comply with the Act.
22.3
In particular, the Contractor shall supply all such information and
records to the Council (together with reasonable assistance to locate
the same) which are needed by the Council to comply with its
obligations under the Act.
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23.0
22.4
Notwithstanding the provisions in Clause 21 the Council shall have the
discretion to disclose any information which is the subject of
Agreement to any person who makes a request under the Act and
which, in the opinion of the Council, it has to disclose to discharge its
responsibilities under the Act.
22.5
When exercising its right under sub clause 4 above, the Council shall
consult the Contractor (and may take account of any reasonable
suggestions made by it).
22.6
The Contractor shall not raise any additional charge to the Council in
relation to complying with this clause.
Data Protection
23.1
For the Purposes of this Clause:
23.1.1 “Personal
Data”,
“Special
Categories
of
Data”,
“Process/Processing”, “Controller”, “Processor”, “Data Subject”
and “Supervisory Authority” shall have the meanings described
in Directive 95/46/EC of the European Parliament and Council of
24th October 1995 on the protection of individuals with regard
the processing of personal data and on the free movement of
such data (hereinafter the “Directive”).
23.1.2 “The Act” shall be the Data Protection Act 1998 incorporating all
amendments and revisions thereto.
23.2
The Council agrees and warrants:
23.2.1 That the processing including the transfer of personal data by
the Council has been and until transfer will continue to be
carried out in accordance with the Act.
23.2.2 To respond in a reasonable time and to the extent reasonably
possible to enquiries from the supervisory authority on the
processing of personal data by the Contractor and to any
enquiries from the Data Subject concerning the processing of
personal data by the Contractor.
23.3
The Contractor agrees and warrants:
23.3.1 That he has no reason to believe that the legislation applicable
to him prevents him from fulfilling his obligations under the
contract and in the event of a change in that legislation which is
likely to have a substantial adverse effect on the guarantees
provided in this clause he will notify the change to the Council
and where relevant to the Supervisory Authority of Great Britain
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in which case the Council is entitled to suspend the transfer of
personal data and if necessary the Contract.
23.3.2 To process personal data only in so far as is required to fulfil the
requirements of the Contract and only in accordance with the
Data Protection Principals of Schedule 1 of the Act.
23.3.3 To adequately dispose all personal data at the end of the
Contract or at the end of any part of the Contract, such disposal
to take account of the Data Protection Principals of Schedule 1
of the Act.
23.3.4 To indemnify the Council against all actions costs claims
expense proceedings and demands which may be made or
brought against the Council for breach of statutory duty under
the Act which arises by the unauthorised use disclosure or
transfer of personal data by the Contractor his servants or
agents.
23.3.5 To deal promptly and properly with all reasonable enquiries from
the Council or the Data Subject relating to the processing of
Personal Data subject to the transfer and to cooperate with the
competent Supervisory Authority with regard to the processing
of data transferred.
23.3.6 At the request of the Council to submit its data processing
facilities for audit which shall be carried out by the Council or an
inspection body composed of independent members and in
possession of the required professional skills and competences
and where required in agreement with the Supervisory Authority.
23.4
24.0
Contracts (Rights of Third Parties) Act 1999
24.1
25.0
The Parties agree that the provision of this clause shall remain in force
notwithstanding the termination or conclusion of the remainder of the
Contract for so long as the Contractor holds personal information which
has been transferred to it by the Council.
For the avoidance of doubt, nothing in this Contract confers or is
intended to confer on any third party and benefit or the right to enforce
any term of this Contract pursuant to the Contracts (Rights of Third
Parties) Act 1999.
Late Payment
25.1
The Late Payments of Commercial Debts (Interest) Act 1998 and the
Regulations there under shall apply to the Contract unless excluded
under the provision therefore or by alternative provisions in the tender
documents.
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26.0
27.0
28.0
Force Majeure
26.1
Neither party shall be held to be in breach of Contract in respect of any
failure to fulfil his obligations pursuant to the Contract resulting from
force majeure. Each party will as soon as reasonably practicable notify
the other in writing of the occurrence of such force majeure as they
become known.
26.2
Force Majeure is acknowledged by the parties to be any circumstances
beyond the reasonable control of either party including without
prejudice to the generality of the foregoing fore, flood, Act of God, riot,
civil disturbance, industrial disputes where neither party is a direct
participant, war or sabotage the coming in force of any statutory
instrument regulation or by-law of the Government or any competent
authority rendering the continued performance of the Contract illegal or
impossible.
Arbitration
27.1
All disputes between the parties arising out of or connected with this
Contract or the performance of the Works by the Consultant may if the
parties agree be referred to an Arbitrator to be agreed upon by the
parties or in default of such agreement to be nominated by the
President of the Institute of Arbitrators or a person appointed by him.
27.2
The Arbitrator shall be entitled to make such decision or award as he
thinks just and equitable having regard to the circumstances then
existing, the cost of such arbitration to follow the event or in the event
of neither party succeeding to be apportioned between the parties by
the Arbitrator in such proportions as he in his absolute discretion thinks
fit.
27.3
Any award or decision of such Arbitrator shall be final and binding on
the parties hereto.
Jurisdiction
28.1
29.0
This Contract shall be governed by and construed in accordance with
the laws of England and the Contractor irrevocably submits to the
jurisdiction of the English Courts.
Conditions of Contract Summary
a) Name of Client:
Services
Mr Chris Bamfield, Executive Director, Commercial
b) Start Date - Please state the earliest start date after receiving the order on
the “Form of Tender”
c) Period of completion – To be stated by Contractor on the “Form of Tender”
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d) Liquidated Damages - £ 200.00 per week
e) Defects correction period – 6 calendar months from completion of the
works as identified by letter
f) Rate of retention – 5% for 6 months
g) Limit of retention – 5% of tender total
h) Insurance of the Works – Public Liability and Employers Liability Insurance
policies of minimum value of £ 5,000,000.
i) Minimum amount of third party insurance (persons and property £ 5,000,000 for each and every occurrence (number of accidents
unlimited)).
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SECTION 3 – GENERAL CLAUSES AND PRELIMINARIES
Control of Noise and Vibration

The Contractor shall comply with the requirements of BS 5228 “Noise Control
on Construction and Open Sites”.

All compressors shall be “noise reduced” models fitted with properly lined and
sealed acoustic covers which shall be kept closed when the machines are in
use, and all ancillary pneumatic percussive tools shall be fitted with mufflers
or silencers of the type recommended by the manufacturer.

All vehicles and mechanical plant used for the purpose of the works shall be
fitted with effective silences and shall be maintained in good and efficient
working order so that extraneous noise shall be reduced to a minimum.

Machines in intermittent use shall be shut down in the intervening periods
between works.

The Contractor shall not use or permit employees to use radios or other audio
equipment in ways or times which may cause a nuisance.

The Local Authority responsible for the control of noise arising from the Works
is:
The Borough Council of King’s Lynn & West Norfolk
Environmental Health & Housing Department
Chapel Street
King’s Lynn
Norfolk PE30 1EX
Water Supply

The whole of the water required for the works and welfare, including that
required by sub-contractors, is to be provided by the Contractor, and is to be
obtained from the local water authority mains and must be kept clean. The
Contractor shall arrange for the connection of any necessary meter and for
the paying all charges incurred including the cost of water consumed.
Prevention of Dumping

The Contractor shall take all reasonable steps to prevent rubbish, surplus
materials etc. arising from the works being dumped on an area other than a
recognised tipping area.

The Contractor shall ensure that all waste is to be disposed of by a registered
waste carrier and will take all steps to comply with Section 33 and 34 of the
Environment Protection Act 1990 with regard to the Duty of Care of Waste.
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
All waste not re-usable or recyclable must be removed to a landfill site. All
landfill sites receiving the waste must have the appropriate licences, permits
or registered exemptions to take that material, proof of which will be required
by the Project Officer.

The Project Officer may wish to check the waste transfer notes or
consignment notes for all movements of waste.
Dust Nuisance

The Contractor shall take all precautions necessary to prevent dust from
being blown or otherwise deposited such as to cause nuisance of disturbance
or damage to persons or property in the vicinity of the work.
Lighting and Power

The Contractor shall provide all artificial lighting and electric power required
for carrying out the works, including that required by sub-contractors. The
Contractor shall provide any temporary wiring, fittings, meters and
connections, and shall pay all fees and charges, and for any power
consumed.
The Contractor shall clear away all temporary works on
completion.
Inspection of Site

The Contractor is advised to inspect the site and satisfy himself as to the local
conditions, accessibility of the site, the full extent and character of the work
and the nature of the ground as no claim based on insufficient knowledge will
be entertained.
Employers Representatives Site Visits

The Contractor must inform the Project Officer in advance of all safety
provisions and procedures (include those relating to materials which may be
deleterious) which will require the compliance of him, or his representative,
when visiting the site. Protective clothing and/or equipment must be provided
as appropriate.
Maintenance of Promenade affected by the Works

The Contractor shall be responsible for ensuring that the Promenade in the
area of works are left clear of mud and other debris dropped from vehicles
connected with the works or deposited on them in any other way as a result of
the works.

The Project Officer may call on the Contractor to clean any part of the
Promenade which he deems necessary as a result of the works and the
Contractor shall take immediate steps to do so. Should the Contractor fail to
carry out the work to the Project Officer’s satisfaction, the Project Officer may
carry out such work and charge the cost to the Contractor.
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
The Contractor will be responsible for any damage to the existing promenade,
grassed areas, fences, gates, signs etc., caused during the course of the
Works. Damage should be reported to the Project Officer and remedial
measures carried out as instructed. Any damage will be rectified at the
Contractor’s expense.
British Standards

All goods, materials and workmanship shall comply with the relevant British
Standard or Code of Practice or equivalent which shall be the latest edition of
that standard or code. Where conformity with a UK standard is required,
conformity with the national standard of another member state or the EU or an
international standard, offering equivalent guarantees may also be
acceptable.
Watching, Lighting and Protection of Site

The Contractor is to provide all necessary watching, lighting, barriers,
temporary fencing and other precautionary measures for protecting the works
and the site from damage or theft and for preventing danger to the public, and
is to maintain such from commencement of the works to completion.

The Contractor shall also allow for the protection and maintenance of all
gullies, manholes, service covers etc., on the site.
Clear Away and Clean

Clear away from the site all debris, rubbish and surplus materials as it
accumulates. The Contractor should leave the whole of the site clean and
tidy to the satisfaction of the Project Officer.
Sub-Letting

The Contractor shall be prohibited from transferring or assigning directly or
indirectly to any person or persons whatsoever the whole or any part of this
contract without the written permission of the Council. Sub-letting of any
part(s) of the work except to the extent permitted in writing by the Council
shall be prohibited.

If consent is given to the Contractor to sub-let the whole or any part of the
contract, the Contractor shall remain fully responsible for the acts, defaults
and neglect of any sub-contractor or his agents, servants or workmen.
Control of Pollution

Locate all equipment using fuel oil as far away as reasonably possible from
any watercourse and surround them with oil-absorbent material to contain
spills or leaks. Refuelling of equipment should also be remote from any
watercourse or drain.
18
SECTION 4 – PRE-CONSTRUCTION INFORMATION
Construction Design & Management Regulations 2015 (CDM)
1. The purpose of this section is to bring to the attention of contractors the
significant health and safety aspects identified by the Council (as site owner)
that need to be addressed at both tender stage and in the site safety plan of
the successful contractor who will be working on the Hunstanton promenade
and beach as part of the above works.
2. The project is expected to be completed within 30 working days and not have
more than 20 workers working simultaneously at any point in the project or
exceed 500 person days.
It is therefore not deemed notifiable, but
requirements of CDM 2015 apply even though the project is not notifiable.
3. The following points have been identified by the Client and Designer and will
need to be considered by the Principal Contractor before work starts on the
construction phase.
Project Details
1. Project: The work involves taking and recording core samples at
recommended locations along the Hunstanton Promenade, identified voids to
be filled using foamed concrete / resin or similar approved. The removal &
replacement of sealant to perimeter of promenade sections where voids have
been filled. To assist with location each section of wall is identified by a small
brass tag attached to the centre of every fifth section of wave wall e.g. A1, A5,
A10 etc.
2. Client:
Mr. Chris Bamfield, Executive Director Commercial Services
Borough Council of King’s Lynn and West Norfolk
Tel: 01553 - 616648
Email – chris.bamfield@west-norfolk.gov.uk
3. Client Contact:
Mr David Morton, Resort Operations Manager
Tel: 01485 536147
E-mail – david.morton@west-norfolk.gov.uk
4. Project Officer:
Allison Bingham, Building Technician
Tel: 01553 616743
Email – allison.bingham@west-norfolk.gov.uk
5. The Contractor will be given access to the site once:
 An official order for the work has been issued
 The Borough Council’s Health and Safety Advisor has considered the
Contractors risk assessment and method statement.
 The Resort Operations Manager has agreed the start date.
19
Client’s Considerations and Management Requirements
1. The Client expects:

All management, supervisory staff, tradesmen and operatives to have a
demonstrable skill level incorporating Health and Safety training.

The Contractor to be able to demonstrate a commitment to worker
consultation on Health and Safety issues.

The Contractor to identify, agree and adopt best practice

The Contractor to rapidly disseminate lessons learnt from Health and
Safety incidents.

All machine operatives to have passed CITB or equivalent training prior to
them starting work on site.

Carry a minimum of £5,000,000 Public Liability Insurance.
2. The beach extending from the Heacham/Hunstanton boundary to near the
lighthouse and between the mean high water mark and the low water mark is
owned by the Borough Council of King’s Lynn & West Norfolk (BCKL&WN).
The Le Strange Estate retains the fishery rights. Below the mean low water
mark the beach is owned by the Crown Estates.
3. The Environment Agency is responsible for the rear wave wall of the
promenade for a distance of 300m from the power boat ramp northwards and is
subject to their by-law restrictions. The remainder of the promenade is owned
and maintained by the BCKL&WN as a coastal defence. It also provides
vehicular and pedestrian access to the beach, various kiosks and buildings
along the promenade and as a tourist facility for the general public throughout
the year. It is also used by refuse collection vehicles.
4. When working on the promenade, the Contractor must maintain the fire and
emergency access to the adjacent and surrounding properties/kiosks at all
times.
5. It will be necessary for the Borough Councils to send a letter to the Hunstanton
Town Council and the Hunstanton Seafront Traders to advise of the work.
Sufficient notice of the start date, to allow letters to be issued, will be required.
6. Planning consent for the kiosks on the promenade allows them to be sited for
an extra 28 days through the non-season period. These days are:
 Christmas Day & New Year’s Day
 October half term plus weekends either side of the week
 February half term plus weekends either side of the week
 Weekends in March
The kiosks should be removed at the end of each day.
20
Environmental Restrictions and Existing on-site Risks
1.
The promenade can be vulnerable to damage at times of high tide, storm and
when its integrity is compromised through excavation. The contractor should
bear these factors in mind when deciding when and how, to carry out the work.
Contractors should keep themselves informed on predicted tide levels and
weather forecasts before starting any excavation work.
2.
Beach levels can vary considerably. They can be within 600mm of the
promenade slab in the summer and close to exposing the toe of the front wave
wall in the winter. This may influence the most suitable time for carrying out
some aspects of the work. It also creates a “falling from height” hazard at
certain times of the year.
3.
Over recent years, low beach levels have caused the foundations to the
demolished Hunstanton Pier to become exposed. These have been dealt with
by the Borough Council when they appear, but it is felt further foundations
remain that could create a hazard in the area if beach levels are particularly
low.
4.
Contractors must consider how they intend to deal with pedestrian and
vehicular issues along the promenade and on the beach. If possible the works
should be programmed so access along the promenade can be maintained at
all times. If the promenade has to be closed, then appropriate signing and
diversions will need to be agreed and put in place. Details will need to be
approved by the Borough Council.
5.
Records indicate the promenade varies in construction. Refer to Appendix B.
6.
The fill material under the promenade slab is an unknown although records
indicate beach sand and chalk may have been used.
There is an
unsubstantiated claim by some residents of Hunstanton that domestic refuse
was used, this is not thought to be true. If excavation takes place the
Contractor should be prepared to deal with variable materials that may not be
self-supporting and prone to collapse.
7.
There are no records indicating the weight bearing capacity of the promenade
slab but it should be noted voids exist between the underside of the reinforced
concrete slab and the fill material.
8.
The Contractor is to maintain adequate fencing and precautions to prevent
entry and injury by others in accordance with HSE publication HS (G) 151
“Protecting the Public – your next move”. Its recommendations are to be
adopted.
9.
The Contractor will need to consider the best times for plant and equipment to
be delivered to site. The method statement must identify how access to the site
is to be gained i.e. from Seagate or from one of the alternative access points
21
onto the promenade. Vehicle movement on the promenade is normally
restricted to before 10:00 hrs or after 18:00 hrs
10. The contractor will be allowed to use Council land adjacent Seagate as a
compound area (if they require). The Contractor will be responsible for security
as the Council will not accept liability for the Contractor’s materials or
equipment. If the Contractor uses the area it must be returned to the condition
as found.
11. It is thought live electricity cables exist in the promenade. It is believed a high
voltage cable was found under the promenade slab when works were
carried out to create a new ramped access to the Oasis Centre that does
not appear on any plans. This cable is identified as a significant risk. The
contractor must take all measures to ensure all underground services, which
may exist, are located and protected before any work is started. Reference
should be made to HSE publication HS (G) 47 “Avoiding danger from
underground services. It must be assumed the utility search does not identify
private cables, ducts etc. It is believed private apparatus such as street lighting
cables, water mains etc. may exist in the area.
12. The Contractor must inform all site visitors in advance of safety provisions and
procedures (including those relating to materials which may be deleterious)
which will require their compliance when visiting the site.
13. The Contractor must keep the promenade clear of mud and debris at all times.
14. The Contractor will be responsible for any damage to the promenade caused
during the course of the works.
Damage should be reported to the
Council/Environment Agency and remedial measures carried out as instructed.
Any damage will be reflected at the contractor’s expense.
15. The Contractor must comply with the requirements of BS 5228 “Noise Control
on Construction and Open Sites”. All vehicles and mechanical plant, used for
the purpose of the works must be fitted with effective silencers and maintained
in good and efficient working order so that extraneous noise is reduced to a
minimum. Machines in intermittent use shall be shut down in the intervening
periods between works. The Contractor must not use, or permit employees to
use, radios or other audio equipment in ways or times that may cause a
nuisance.
16. The Contractor shall ensure all waste is disposed of by a registered waste
carrier and will take steps to comply with Section 33 and 34 of the
Environmental Protection Act 1990 with regard to the duty of care on waste.
The Contractor will take all reasonable steps to prevent excavated spoil,
rubbish, surplus materials etc., arising from the works, being dumped on an
area other than a licensed waste management site and shall advise the Council
which licensed site is being used.
22
17. Welfare facilities will need to be considered. Public toilets operated by the
Council cannot be relied on to be open or available as they are closed during
the winter period.
18. Works will be carried out in close proximity to the sea. The Contractor will be
expected to comply with the following conditions:

The Contractor’s attention is drawn to the control of pollution provisions in
the Water Resources Act 1991. He shall take all necessary precautions to
ensure that no polluting discharge either of solid or liquids is made into the
sea or to the underground strata and that no work carried out in the sea is
done in such a manner as to cause pollution. Any materials which
accidentally fall into the sea are to be removed immediately. In particular,
but not by any way of derogation from the generality of this clause, the
Contractor shall: Obtain the prior written consent and/or approval of the Council
before making a discharge to the sea or to the underground strata.
 Locate all equipment using fuel oil as far away as reasonably
possible from the sea and surround them with oil-absorbent
material to contain spills or leaks. Refuelling of equipment should
also be remote from the sea or a gully.
 Ensure that all fuel, lubricating oils or chemicals stored in bulk on
the site are located as far as reasonably possible, and in no case
closer than 10 meters from the sea and that such stores are sited
on impervious bases and surround with an effective and impervious
bund capable of holding the full contents of the store plus 10%; all
stores shall be kept locked when not in use. All containers must be
clearly labelled with their contents. A stock of oil absorbent material
should be maintained on site. The drainage system of the bund
shall be sealed with no discharge to the sea, land or groundwater.
 Ensure leaking or empty oil drums or chemical containers are
removed from the site immediately.
 Not use plant in the sea without the prior consent in writing of the
Council and ensure plant/vehicles do not leak.
 Regularly scrape and maintain free form deposits of slurry, haul
roads on the site and approaches to the sea. Any slurry so
removed must be disposed of in an agreed location avoiding
pollution of the sea. Precautions should be taken to ensure surface
water drains are not contaminated by solids from workings and
associated transport.
 Agree with the Council plant/vehicle parking and servicing area and
wheel washing facilities.
 Ensure that any imported fill or construction material is free form
polluting or toxic substances where drainage from the material can
directly enter surface/underground waters or the sea.
Design and Construction Requirements
The proposed works involve standard operations and provide little scope for risk
reduction.
23
SECTION 5 – SPECIFICATION AND SCHEDULE OF WORKS
Description of Works
The work involves the taking and recording core samples at recommended locations
along the Hunstanton Promenade, if voiding is not as extensive as suggested by the
radar survey, seal all joints to the panel, otherwise voids to be filled using foamed
concrete / resin or similar approved and seal all joints to panel. To assist with
location each section of wall is identified by a small brass tag attached to the centre
of every fifth section of wave wall e.g. A1, A5, A10 etc.
Documents



Appendix A: Survey Map Reference Points
Appendix B: Summary of Areas of Suspected Voids
Appendix C: Royal Haskoning DHV – Final Inspection Report
Specification/Schedule of Works
The works identified as being necessary are summarised below:
Core Sample
Core samples are to be taken at the 19 locations identified by Royal Haskoning DHV
and listed on the attached sheet in Appendix B. The core samples should record the
promenade surface construction including the thickness of concrete layers and
presence of any voids.
The minimum information recorded for each core should be its exact location,
concrete depth or depths, sub surface fill material and depth and thickness of any
void.
The radar survey contained within the Hunstanton Promenade Survey & Inspection
Report should be used to identify if more than one core sample is necessary to
identify the extent of voids, e.g. at location A36 a minimum of two cores may be
necessary at 1.0 m and 5.5m from the wave wall.
All cored holes to be filled with Flexcrete Class R4 Rapid Setting Structural Repair
Mortar or similar and finished flush with the existing promenade surface on
completion.
Void Repairs: (Foamed Concrete or Polymerised Resin)
Foamed Concrete (Option 1)
The size of the voids are to be determined by the core samples and from the data in
Royal Haskoning DHV – Final Inspection Report in Appendix C and checked with
the manufacturer to confirm a HAM (Highly Air-entrained Mortar) would be suitable
for filling all the voids identified.
24
The proposed mixture to be submitted with the tender for consultant’s final approval.
Core hole(s) to be drilled as recommended by the material supplier to allow foamed
concrete to be pumped throughout each slab to fill the void areas identified.
Foamed concrete to be pumped into the 19 void areas identified, in accordance with
the manufacturers’ recommendation, CESWI7 and ‘Manual of Contract Documents
for Highways Works – Volume 1 - Specification for Highway Works’ Clause 1043.
Density: minimum 1200 kg/m3
Compressive strength: A minimum cube compressive strength of 5 N/mm² at an age
of 7 days, a maximum cube compressive strength of 10 N/mm² at an age of 7 days.
Foamed concrete to be prevented from impacting on adjacent slabs or the existing
sealant
Following void repair the perimeter and sea wall joints of each repaired panel to be
re-sealed as detailed.
Resin Repair (Option 2)
The size of the voids are to be determined by the core samples and from the data in
Royal Haskoning DHV – Final Inspection Report in Appendix C and checked with
the manufacturer to confirm a Polymerised Resin would be suitable for filling all the
voids identified.
The proposed resin material should provide a similar compressive strength to that of
the foamed concrete, and evidence of this should be submitted with the tender for
consultant’s final approval.
The pre-heated resin material to be injected into pre-drilled holes in the 19 void
areas identified as specified by the resin manufacturer.
A laser sensor or equivalent should be used to limit the resin injection to filling the
voids and stabilising the slabs and on no account should the injection process be
allowed to lift the slabs.
Resin material to be prevented from impacting on adjacent slabs or the existing
sealant
Following void repair the perimeter and sea wall joints of each repaired panel to be
re-sealed as detailed.
Joint Sealant Repair
Preparation:
Clear out damaged or deteriorated sealant so that all traces have been removed.
Remove all dust and loose material by grit blasting or grinding. The prepared
sealant slot should then be blown out with dry, oil-free compressed air.
25
The base of the joint should be tightly packed with a joint backing cord. Fosroc
Expandafoam or similar, which should be placed to form an approximately square
joint cross section. If the joint is not deep enough to achieve this, a de-bonding tape
should be inserted into the base of the joint.
Priming:
Concrete joint faces should be primed with a sealant primer, Fosroc Primer 19 or
similar for joints on the promenade and Fosroc Primer 4 or similar for joints on the
seawall.
Sealant:
Seal the promenade joints with a high performance pavement joint sealant. Fosroc
Colpor 200 PF or similar, and Fosroc Nitoseal PU12 and accelerator for joints on the
seawall. All products should conform to the requirements of BS EN 14188-2:2004
and BS5212 Part 1:1990.
Tender Requirements
As part of the tender submission and evaluation, please supply evidence of the
following:

Provide at least two examples of filling both small and large voids in sea
defences using foamed concrete or resin based material

Provide at least two previous examples of undertaking medium scale sealant
works using Fosroc Colpor 200 PF and Fosroc Nitroseal PU12 or equivalent
materials on both horizontal & vertical surface.

Provide at least two examples of taking coring samples and identifying and
recoding the extent of voids

Provide at least two previous examples of working on sea defence works in
close proximity to the public
26
SECTION 6 – Tender Response Form
Provide core samples from Hunstanton Promenade and if voiding is not as
extensive as suggested seal joints, otherwise voids to be filled using foamed
concrete / resin or similar approved
SUPPLIERS NAME……………………………………………………………………..
SUPPLIER’S ADDRESS………………………………………………………………..
…………………………………….…………………………………………………………….
………………………………………….…………………………………….…………………
……………………………………….………………………………………………………….
……………………………………….………………………………………………………….
CONTACT NAME…………………………………………………………………………….
TELEPHONE NO.……………………………..EMAIL…………...……………………..
PRICES MUST BE IN £ STERLING and EXCLUDE VAT
1. Foam Filled concrete / Injected Resin repairs ( delete as appropriate ) :To supply all labour, plant and materials
and complete the 19 void & sealant repairs
detailed in the schedule and in accordance
with the specification for:
£ ……………………….
2. Number of days to complete the Coring, Void Repairs & Sealant works
Total Time
…………………..Days
3. To begin such work within …………………… weeks of the written acceptance of
this offer
4. Examples requested in Section 5 provided on next page?
27
Yes / No
Location
Filling Voids in
sea defences
Date
Description of works
1
2
Medium scale
sealant works
1
2
Core Sampling
1
2
Sea defence
work close to
public
1
2
I / We understand that you are not bound to accept the lowest or any tender you may
receive and our price will remain firm for a period of eight weeks from the tender
return date
SIGNATURE …………………………………. POSITION ……………………………….
PRINT NAME ………………………………………
DATE ………………………
No formal agreement will be prepared. Therefore this tender together with a written
acceptance and purchase order shall constitute a binding contract between the Council
and the Contractor
28
CERTIFICATE OF NON-COLLUSION/ PREVENTION OF CORRUPTION
(To be signed and returned with the Form of Tender)
I/ We certify that:
a)
The prices, specifications and all matters relating to the enclosed Tender have
been arrived at independently, without consultation, communication, agreement
or understanding for the purpose of restricting competition, as to any matter
relating to such prices, specifications and all other matters, with any other person
or Organisation;
b) Unless otherwise required by law, the prices and other information which have
been submitted in the Tender have not knowingly been disclosed, directly or
indirectly, to any other person or Organisation, nor will they be so disclosed;
c)
No attempt has been made or will be made to induce any other person or firm to
submit or not to submit a Tender nor to withdraw or amend a Tender which has
either already been or is intended to be submitted for the purpose of restricting
competition;
d)
No attempt has been made directly or indirectly to canvass any Councillor or
employee of the Borough Council of King’s Lynn and West Norfolk or anyone
acting on its behalf concerning the award of the contract which is the subject of
this Invitation to Tender.
In addition, no person acting on behalf of or representing the Company has:
a)
offered, given or agreed to give to anyone any inducement, gift or reward in
respect of this or any other Council contract (even if I/ we do not know what has
been done);
b) committed an offence under the Prevention of Corruption Acts 1889 to 1916 (or
any amendments of them) or Section 117(2) of the Local Government Act 1972;
or given any fee or reward, or solicited or accepted any form of money, or taken
any reward, collection or charge for performing the Works, other than bona fide
charges previously approved in writing by the Council;
c)
committed any fraud in connection with this or any other Council contract
whether alone or in conjunction with Council members, contractors or
employees. I/ we accept that any clause limiting my/ our liability shall not apply to
this clause.
I understand that the Council may cancel the contract with me/ the Company if
there is evidence of any failure on my/ our part to comply with any of the above
and, if necessary, take legal action against me.
Signed:
Name:
Date:
Position:
29
SECTION 7 – Return Address Label
----------------------------------------------------------------------------------
TENDER DOCUMENTS
CONTRACT:
HUNSTANTON PROMENADE REPAIRS
TO BE RECEIVED NO LATER THAN
12 NOON ON
11 FEBRUARY 2016
AT THE ADDRESS SHOWN BELOW:
CHRIS BAMFIELD
EXECUTIVE DIRECTOR – OPEN SPACES
BOROUGH COUNCIL OF KING'S LYNN & WEST NORFOLK
KING’S COURT,
CHAPEL STREET,
KING’S LYNN,
NORFOLK
PE30 1EX
----------------------------------------------------------------------------------
30