Post on 10-Jul-2020
1
Leeton Shire Council
REQUEST FOR TENDER V2.2
TENDER LSC2020-108 – WEED ACTION PLAN
DEADLINE 4:00PM ON THURSDAY 18 JUNE 2020
2
Leeton Shire Council
TABLE OF CONTENTS
1. CONDITIONS OF TENDERING ................................................................................. 4
1.1. Definitions .................................................................................................................. 4
1.2. Tender Documents .................................................................................................... 5
1.3. How To Prepare Your Tender ................................................................................... 5
1.4. Contact Person .......................................................................................................... 5
1.5. Prequalification Requirements ................................................................................ 6
1.6. Deposits for Requests .............................................................................................. 6
1.7. Tender Briefing and Site Inspection ....................................................................... 6
1.8. Lodgement of Tenders and Delivery Method ......................................................... 6
1.9. Rejection of Tenders ................................................................................................. 7
1.10. Late Tenders .............................................................................................................. 7
1.11. Acceptance of Tenders ............................................................................................. 7
1.12. Disclosure of Contract Information ......................................................................... 7
1.13. Tender Validity Period .............................................................................................. 7
1.14. Precedence of Documents ....................................................................................... 8
1.15. Alternative Tenders ................................................................................................... 8
1.16. Tenderers to Inform Themselves ............................................................................ 8
1.17. Alterations .................................................................................................................. 8
1.18. Risk Assessment ....................................................................................................... 8
1.19. Evaluation Process ................................................................................................... 9
1.20. Selection Criteria Summary ..................................................................................... 9
1.21. Local Preference Policy .......................................................................................... 11
1.22. Post Tender Submission ........................................................................................ 11
1.23. Price Basis ............................................................................................................... 11
1.24. Ownership of Tenders ............................................................................................ 11
1.25. Canvassing of Officials ........................................................................................... 12
1.26. Identity of the Tenderer .......................................................................................... 12
1.27. Costs of Tendering .................................................................................................. 12
1.28. Tender EVALUATION .............................................................................................. 12
1.29. In House Tenders .................................................................................................... 12
1.30. Contract Commencement Date.............................................................................. 12
2. SPECIFICATION ....................................................................................................... 13
2.1. Definitions ................................................................................................................ 13
2.2. Introduction .............................................................................................................. 13
2.3. Background Information ......................................................................................... 14
2.4. Scope of Work ......................................................................................................... 14
2.5. Deliverables.............................................................................................................. 15
2.6. Specific Requirements of the Contract ................................................................ 15
2.7. WARRANTIES, LIABILITY AND INDEMNITIES ..................................................... 19
3
Leeton Shire Council
2.8. TERMINATION .......................................................................................................... 21
2.9. DISPUTE RESOLUTION .......................................................................................... 21
2.10. Meetings and Reporting ......................................................................................... 22
2.11. Implementation Timetable ...................................................................................... 23
2.12. GENERAL ................................................................................................................. 23
2.13. GUARANTEE ............................................................................................................ 24
3. MINOR WORKS CONTRACT CONDITIONS .......................................................... 26
4. SPECIAL CONDITIONS OF CONTRACT ............................................................... 26
4.1. Disability Access and Inclusion Plan.................................................................... 26
4.2. Advertisements and Promotions on Site ............................................................. 26
4.3. Publicity .................................................................................................................... 26
4.4. Environmental Protection ...................................................................................... 26
4.5. Contractor’s Representative .................................................................................. 28
4.6. Existing Improvements ........................................................................................... 28
4.7. Temporary Safety Fence......................................................................................... 28
4.8. Materials, Labour and Constructional Plan .......................................................... 28
4.9. Materials and Work ................................................................................................. 28
4.10. Goods and Services Tax (GST).............................................................................. 31
4.11. Stamp Duty ............................................................................................................... 31
APPENDIX 1 – LEETON SHIRE COUNCIL WEEDS ACTION PLAN .................................. 32
Revision No Item Date Issued
2.2 Section 1.7 27 May 2020
PART 1 – READ AND KEEP THIS PART
4
Leeton Shire Council
1. CONDITIONS OF TENDERING
1.1. DEFINITIONS
Below is a summary of some of the important defined terms used in this Request:
Attachments:
The documents you attach as part of your Tender.
Contractor: Means the person or persons, corporation or corporations whose Tender is
accepted by the Principal, and includes the executors or administrators,
successors and assigns of such person or persons, corporation or
corporations.
Deadline:
The deadline for lodgement of the Tender as detailed on the front of this
Request.
General Conditions
of Contract:
Means AS 4906 – 2002 Minor Works Contract
Offer:
Your offer to be selected to supply the Requirements.
Principal:
Leeton Shire Council.
Request OR RFT OR
Request for Tender:
This document.
Requirements:
The goods and/or services requested by the Principal.
Selection Criteria:
The criteria used by the Principal in evaluating your Tender.
Special Conditions:
The additional contractual terms.
Specification: The statement of Requirements that the Principal requests you to provide if
selected.
Tender:
Completed Offer form, response to the Selection Criteria and Attachments.
Tenderer:
Someone who has or intends to submit an Offer to the Principal.
WUC: Works Under Contract – any or all tasks covered in the requirements and
specifications of the contract.
PART 1 – READ AND KEEP THIS PART
5
Leeton Shire Council
1.2. TENDER DOCUMENTS
This Request for Tender is comprised of the following parts:
Tenderers to read and keep these parts:
Part 1 – Conditions of Tendering
Part 2 – Specification
Part 3 – General Conditions of Contract
Part 4 – Special Conditions of Contract
Tenderers to complete and return the Return Booklet that includes the following:
Schedule A – Tenderers Offer
Schedule B – Tenderers Response to Criteria
Schedule C – Tenderers Price Submission
Tenderers to read and keep these parts:
Appendix 1 – Leeton Shire Council Weeds Action Program
Separate Documents:
a) Addenda and any other special correspondence issued to Tenderers by the Principal
b) Any other policy or document referred to but not attached to the Request.
1.3. HOW TO PREPARE YOUR TENDER
a) Carefully read all parts of this document.
b) Ensure you understand the Requirements.
c) Attend the tender briefing/site inspection if required.
d) Complete and return the Offer (Schedule A, B, and C) in all respects and include all Attachments
as required in the selection criteria.
e) Make sure you have signed the Offer Form (Schedule A) and responded to all the Selection
Criteria.
f) Lodge your Tender before the Deadline.
1.4. CONTACT PERSON
Tenderers should not rely on any information provided by any person other than the person listed below:
Name Peter Skarlis
Position Regulatory Services Coordinator
Phone 02 6953 0926
Mobile 0417 259 866
e-mail peters@leeton.nsw.gov.au
PART 1 – READ AND KEEP THIS PART
6
Leeton Shire Council
1.5. PREQUALIFICATION REQUIREMENTS
Accredited under the Biosecurity Act 2015
Certificate III in Chemical Application
Certificate IV in Chemical Risk Assessment
1.6. DEPOSITS FOR REQUESTS
Not applicable to this tender
1.7. TENDER BRIEFING AND SITE INSPECTION
Attendance at this meeting is mandatory.
Tenderers are required to attend a tender briefing prior to submitting a conforming tender. The briefing
will provide Tenderers with the opportunity to ask any questions and clarify any uncertainties prior to the
closing of the tender. The meeting will be minuted and the minutes forwarded to all tenderers and shall
become part of the request for tender documents. Tenderers will be required to sign a certificate of
attendance at the end of the meeting.
The brief meeting and site inspection will be held on:
Date: 3 June 2020
Time: 10AM
Location: On-site – 23-25 Chelmsford Place, Leeton
1.8. LODGEMENT OF TENDERS AND DELIVERY METHOD
The Tender must be lodged by the Deadline and it is the tenderer’s responsibility to make sure the
tender is lodged by the Deadline.
The Deadline for this request is Thursday 18 June 2020, at 4:00pm (AEST).
Tenderlink submissions
Must ensure that all electronic submission files are clearly named with:
the Principal’s Tender Number (LSC2020-108)
Tenderer’s Name
The Principal’s preferred format for the submission is a single PDF file readable by Adobe Acrobat (PDF)
or Microsoft Office applications.
Tenderers must ensure tenders are lodged electronically by uploading the tender via Tenderlink E-
Tendering website www.tenderlink.com/leeton and submitting to the electronic tender box. Failure to
fully submit a tender to the electronic tender box will result in the Council not receiving the tender.
All pages should be numbered consecutively and the Tender must include an index.
Any brochures, pamphlets or other supporting documentation shall be included either in the same file or a
separate file. If in a separate file; such documentation shall be fully cross referenced to the appropriate
section of the submission.
PART 1 – READ AND KEEP THIS PART
7
Leeton Shire Council
Tenderers are responsible for ensuring they have completed the lodgement of their tender document
correctly. Tenderers will receive a successful lodgement email notification from Tenderlink to confirm the
tender has been successfully submitted to the electronic Tender Box.
In submitting their Tenders electronically, Tenderers represent that they have taken reasonable steps to
ensure that Tender response files are free of viruses, worms or other disabling features which may affect
Tenderlink and/or the Principal’s computing environment. Tenders found to contain viruses, worms or other
disabling features may be excluded from the evaluation process.
1.9. REJECTION OF TENDERS
A Tender will be rejected without consideration of its merits in the event that:
a) It is not submitted before the Deadline; or
b) It is not submitted at the place specified in the Request; or
c) It may be rejected if it fails to comply with any other requirements of the Request.
1.10. LATE TENDERS
Tenders received:
a) After the Deadline; or
b) In a place other than that stipulated in this Request
will not be accepted for evaluation.
1.11. ACCEPTANCE OF TENDERS
Unless otherwise stated in this Request, Tenders may be for all or part of the Requirements and may be
accepted by the Principal either wholly or in part. The Principal is not bound to accept the lowest Tender
and may reject any or all Tenders submitted.
1.12. DISCLOSURE OF CONTRACT INFORMATION
Documents and other information relevant to the contract may be disclosed when required by law under
the Government Information Public Access Act 2009 or under a Court order. All unsuccessful tenderers
will be notified either that their tender was unsuccessful or that no tender was accepted as soon as
practicable.
1.13. TENDER VALIDITY PERIOD
All Tenders will remain valid and open for acceptance for a minimum period of ninety (90) days from the
Deadline or forty-five (45) days from the Council’s resolution for determining the Tender, whichever is the
later unless extended on mutual agreement between the Principal and the Tenderer in writing.
PART 1 – READ AND KEEP THIS PART
8
Leeton Shire Council
1.14. PRECEDENCE OF DOCUMENTS
In the event of there being any conflict or inconsistency between the terms and conditions in this Request
and those in the General Conditions of Contract, the terms and conditions appearing in this Request will
have precedence.
1.15. ALTERNATIVE TENDERS
All Alternative Tenders may be accompanied by a conforming Tender.
Tenders submitted as Alternative Tenders or made subject to conditions other than the General and
Special Conditions of Contract must in all cases arising be clearly marked “ALTERNATIVE TENDER”.
The Principal may in its absolute discretion reject any Alternative Tender as invalid.
Any printed “General Conditions of Contract” shown on the reverse of a Tenderer’s letter or quotation form
will not be binding on the Principal in the event of a Contract being awarded unless the Tender is marked
as an “Alternative Tender”.
1.16. TENDERERS TO INFORM THEMSELVES
Tenderers will be deemed to have:
a) examined the Request and any other information available in writing to Tenderers for the purpose
of tendering;
b) examined all further information relevant to the risks, contingencies, and other circumstances
having an effect on their Tender which is obtainable by the making of reasonable enquires;
c) satisfied themselves as to the correctness and sufficiency of their Tenders including tendered
prices which will be deemed to cover the cost of complying with all the Conditions of Tendering
and of all matters and things necessary for the due and proper performance and completion of the
work described therein;
d) acknowledged that the Principal may enter into negotiations with a chosen Tenderer and that
negotiations are to be carried out in good faith; the undertaking of negotiations will not bind the
Principal to accept a tender; and
e) satisfied themselves they have a full set of the Request documents and all relevant attachments.
1.17. ALTERATIONS
The Tenderer must not alter or add to the Request documents unless required by these Conditions of
Tendering.
The Principal will issue an addendum to all registered Tenderers where matters of significance make it
necessary to amend or supplement the issued Request documents before the Deadline.
1.18. RISK ASSESSMENT
The Principal may have access to and give consideration to:
PART 1 – READ AND KEEP THIS PART
9
Leeton Shire Council
a) any risk assessment undertaken by any credit rating agency
b) any financial analytical assessment undertaken by any agency
c) any information produced by the Bank, financial institution, or accountant of a Tenderer
so as to assess that Tender and may consider such materials as tools in the Tender assessment
process.
Tenderers may be required to undertake to provide to the Principal (or its nominated agent) upon
request all such information as the Principal reasonably requires to satisfy itself that Tenderers are
financially viable and have the financial capability to provide the Services for which they are submitting
and to otherwise meet their obligations under any proposed Contract.
The Principal reserves the right to engage (at its own cost) an independent financial assessor as a
nominated agent to conduct financial assessments under conditions of strict confidentiality. For this
assessment to be completed, a representative from the nominated agent may contact you concerning
the financial information that you are required to provide. The financial assessment is specifically for use
by the Principal for the purpose of assessing Tenderers and will be treated as strictly confidential.
1.19. EVALUATION PROCESS
This is a Request for Tender. Your Tender will be evaluated using information provided in your Tender.
The following evaluation methodology will be used in respect of this Request:
a) Tenders are checked for completeness and compliance. Tenders that do not contain all
information requested may be excluded from evaluation.
b) Tenders are assessed against the selection criteria outlined in 1.20. The Evaluation Panel will
score each Tenderer against all the criteria and will be weighted to indicate the relative degree of
importance that the Principal places on overall whole of life costs of the project. Contract costs
are evaluated, e.g. tendered prices and other relevant whole of life costs are considered.
c) Compliance criteria (Schedule B) will also be considered but it will not be point scored. Each
Tender will be assessed on a Yes/No basis as to whether the criterion is satisfactorily met. An
assessment of “No” against any criterion may eliminate the Tender from consideration.
d) The most suitable Tenderers may be short listed and may also be required to clarify their Tender,
make a presentation, demonstrate the product/solution offered and/or open premises for
inspection. Referees may also be contacted prior to the selection of the successful Tenderer.
A Contract may then be awarded to the Tenderer whose Tender is considered the most advantageous
Tender to the Principal.
The Principal is not bound to accept the lowest or any Tender or any part of a Tender.
1.20. SELECTION CRITERIA SUMMARY
The Contract may be awarded to a sole Tenderer who best demonstrates the ability to provide quality
products and/or services at a competitive price. The tendered prices will be assessed together with the
selection criteria to determine the most advantageous outcome to the Principal.
PART 1 – READ AND KEEP THIS PART
10
Leeton Shire Council
This means that, although price is considered, the Tender containing the lowest price will not necessarily
be accepted, nor will the Tender rank the highest on the criteria.
The following selection criteria will be used to assess the award of the Contract:
Criteria
Price, inclusive of application of Local Preference Policy
Quality System, Environmental System and Safety Record
Relevant Experience in similar work
Financial Capability and Resources
Tenderers Resources, Key Personnel, Skills and Experience to be dedicated to the project
Before responding to the criteria, Tenderers must note the following:
All information relevant to your answers to each criterion are to be contained within your Tender;
Tenderers are to assume that the Evaluation Panel has no previous knowledge of your
organisation, its activities or experience;
Tenderers are to provide full details for any claims, statements or examples used to address the
qualitative criteria; and
Tenderers are to address each issue outlined within a criterion.
Tenderers must address the following information as a minimum:
a) Complete Project Reference Sheet detailing past performance delivering similar services (type,
size and budget)
b) Provide scope of the Tenderer’s involvement including details of outcomes
c) Provide details of issues that arose during the project and how these were managed
d) Demonstrate experience in remote areas
e) Any additional relevant information to demonstrate relevant experience
f) The Personnel’s role in the performance of the Contract, including their experience in similar
services
g) Curriculum vitae of key Personnel
h) Plant, equipment and materials
i) Resources availability schedule, including any contingency measures or back up of resources
j) Details of subcontractors and major suppliers of goods and services
k) A project schedule/timeline, inclusive of critical path and milestone dates (where applicable)
l) The process for the delivery of the goods/services
m) Training processes (if required)
n) Critical assumptions
o) Any additional relevant information to demonstrate understanding of the Scope of Works
Unless otherwise stated, a Tender that provides all the information requested will be assessed as
satisfactory. A Tender demonstrating greater satisfaction of each of these criteria will result in a greater
score. Failure to provide the specified information may result in elimination from the tender evaluation
process or a low score. The aggregate score of each Tender will be used as one of the factors in the final
assessment of value for money.
PART 1 – READ AND KEEP THIS PART
11
Leeton Shire Council
1.21. LOCAL PREFERENCE POLICY
For the purposes of evaluation and selecting the successful supplier, either local or non-local, the following
levels of price preference concessions will be applied under this policy:
Purchases up to $5,000 with local content will be given a 15% concession;
Purchases from $5,000 - $15,000 with local content given a 10% concession;
Purchases from $15,000 - $149,999.99 with local content given a 5% concession.
Purchases from $150,000 with local content given a 3% concession.
The successful Tenderer will be required to report on the application of the Local Preference Policy
throughout the contract.
The Tenderer must submit the price schedule in Schedule C – Tenderers Price Submission, inclusive of
all information required to determine application of the Leeton Shire Council’s Local Preference Policy.
The entire policy is available here:
http://www.leeton.nsw.gov.au/f.ashx/Council-Policies2/Leeton-Shire-Councl-Local-Preference-Policy.pdf
1.22. POST TENDER SUBMISSION
The Principal may call for post tender submissions from some or all tenderers in order to assist with the
evaluation. Such submissions will be confidential between the Principal and Tenderer.
The call for such submissions will not bind the Principal to proceed to accept a tender.
1.23. PRICE BASIS
Fixed Prices
Express prices in Australian Dollars and inclusive of applicable tax, consumption tax or duties. Identify
these taxes and duties separately. All prices for goods/services offered under this Request are to be fixed
for the term of the Contract.
Unless otherwise indicated prices tendered must include delivery, unloading, packing, marking, and all
applicable levies, duties, taxes and charges. Any charge not stated in the Tender, as being additional will
not be allowed as a charge for any transaction under any resultant Contract.
1.24. OWNERSHIP OF TENDERS
All documents, materials, articles and information submitted by the Tenderer as part of or in support of a
Tender will become upon submission the absolute property of the Principal and will not be returned to the
Tenderer at the conclusion of the Tender process PROVIDED that the Tenderer be entitled to retain
copyright and other intellectual property rights therein, unless otherwise provided by the Contract.
PART 1 – READ AND KEEP THIS PART
12
Leeton Shire Council
1.25. CANVASSING OF OFFICIALS
If a Tenderer, whether personally or by an agent, canvasses any of the Principal’s Commissioners or
Councillors (as the case may be) Officers with a view to influencing the acceptance of any Tender made
by it or any other Tenderer, then regardless of such canvassing having any influence on the acceptance
of such Tender, the Principal may at its absolute discretion omit the Tenderer from consideration.
1.26. IDENTITY OF THE TENDERER
The identity of the Tenderer and the Contractor is fundamental to the Principal. The Tenderer will be the
person, persons, corporation or corporations named as the Tenderer in Schedule A and whose execution
appears on the Offer Form in Schedule A of this Request. Upon acceptance of the Tender, the Tenderer
will become the Contractor.
1.27. COSTS OF TENDERING
The Principal will not be liable for payment to the Tenderer for any costs, losses or expenses incurred by
the Tenderer in preparing their Offer.
1.28. TENDER EVALUATION
The Tender evaluations will be conducted as soon as practicable after the closure date.
1.29. IN HOUSE TENDERS
The Principal is not willing to accept a Tender from Council’s business unit.
1.30. CONTRACT COMMENCEMENT DATE
The commencement of the Contract is nominated and as directed as per the letter of acceptance of tender
to the successful Tenderer. There shall be no Contract prior to the issue of a letter of acceptance.
PART 2 – READ AND KEEP THIS PART
13
Leeton Shire Council
2. SPECIFICATION
2.1. DEFINITIONS
Below is a summary of some of the important defined terms used in this Part:
WAP Weeds Action Plan
BIS Claim
Means Biosecurity Information System data collection system includes a claim,
demand, remedy, suit, injury, damage, loss, cost, liability, action proceeding or
right or action.
Commencement
Date
Means 1 July 2020
Completion Date Means 30 June 2025
Confidential
Information
Includes any information marked as confidential and any information received by
the contractor during the term of this agreement in the performance of the services
which is not publicly available and includes all information, data, drawings,
specifications, documentation, source or object code, designs, construction,
workings, functions, features and performance notes, techniques, agreements
with third parties, schematics and proposals and intentions, technical data,
financial information and business plans.
Contractor’s
personnel
Means any person or persons that the contractor designates to perform the
services on the contractor’s behalf.
Services
Facilities
Means the services to be provided by the supplied under this agreement; means
working space, computer equipment, access to the internet and Council’s
computer network, telecommunications system etc and includes not only access
to such resources but also use of them to the extent required by the contractor in
order to perform the services.
Fees GST Law Means $ amount excluding GST
Materials Means all reports, the schedule, documents, papers, information, data and disks
(in whatever form or medium or format), wherever such material is located or
stored and all copies of the materials.
Parties
Specification
Means the Council and the contractor and party means either one of them; means
the details of the services as set out in the specification in Schedule 1.
Termination Date Means the earlier to occur of:
(a) The date of termination of this agreement by the Council or the contractor;
and
(b) The completion date.
2.2. INTRODUCTION
Leeton Shire Council covers an area of 110,000 hectares and is located in South-Western NSW. Leeton Shire land area is predominantly irrigated agriculture consisting of seasonal crops of rice, wheat, cotton, and perennial crops of citrus, grapes and nuts.
PART 2 – READ AND KEEP THIS PART
14
Leeton Shire Council
Leeton Council is responsible for the management of weeds and complies with an agreed Weed Action Plan (WAP) in conjunction with NSW DPI.
The WAP regulates the number, coverage and frequency of weed actions required to be completed annually across both private and public land.
The purpose of this tender is to appoint a suitably qualified and experienced weed management contractor
to undertake the statutory actions for Council under its WAP.
2.3. BACKGROUND INFORMATION
Leeton Shire Council is required to meet annual targets and outcomes toward effective weeds management.
These outcomes and targets are set out by agreed between NSW Department Primary Industries, Local
Land Services and Leeton Shire Council.
The targets and outcomes are developed and prescribed in Shire’s Weeds Action Plan. These provide
specific actions required in support of effective weed management across the Shire.
The purpose of these targets and outcomes is to ensure that Leeton Shire is actively supporting the initiatives
and programs developed by NSW Department of Primary Industries toward the following:-
maintaining the productivity of agricultural land
limit the long-term impacts on highly productive land
minimise the risk of weed species inundation.
Leeton Shire’s current contract concludes on the 30 June 2020, and Council is seeking submissions from
suitable contractors to undertake for a further 5 years.
2.4. SCOPE OF WORK
The contractor is to undertake the following works under this contract – Refer to Appendix 1 – Leeton
Shire Council Weeds Action Plan.
PART 2 – READ AND KEEP THIS PART
15
Leeton Shire Council
2.5. DELIVERABLES
The Contractor deliverables for this project are:
Deliverable Reference
Inspection, administration and control operations and
completion of returns required by the Leeton Shire
Council WAP.
Leeton Shire Council Weeds Action Plan
(attached)
To complete reporting and mapping obligations.
To provide Council with monthly reports and attend
quarterly meetings with Council.
To liaise with Leeton Shire Council on dealing with non-compliant rate payers/land managers and owners. To provide suitable personnel to be responsible for
overall contract performance, administration, inspectorial
and weed treatment works.
Be responsible for scheduled inspections, general
inspectorial duties.
To provide a suitable vehicle, chemicals and spraying
equipment.
To undertake public awareness campaigns and provision
of technical advice to landowners.
Demonstrated experience implementation of NSW
Weeds Action Plan within the Local Government
context and the use of Biosecurity Information Systems
will be highly regarded. Note: The reference mentioned above is only a guidance. It is contractor’s responsibility to refer all relevant documents that they
may think are necessary.
2.6. SPECIFIC REQUIREMENTS OF THE CONTRACT
2.6.1. CONTRACTOR TO PROVIDE SERVICES
The Contractor will: (a) Complete in full all requirements and achieve targets set out in Years 1 to 5 of the Leeton Shire Council
Weed Action Plan as attached to this contract by 30 June 2025 or other mutually agreed date, and (b) Complete and submit all required BIS meta data reports to the Department of Primary Industry and/or
Local Land Services including provision of all hardware and software for DPI interface in accordance with the provisions of this agreement.
2.6.2. REPORTING
Within seven (7) business days of the end of each month, the contractor shall liaise with Council’s nominated representative and provide a report to Council. (a) Detailing the services performed by the contractor and WAP targets achieved during that month and
the balance of targets outstanding.
PART 2 – READ AND KEEP THIS PART
16
Leeton Shire Council
(b) Including a copy of the BIS meta data report to the Department of Primary Industry and/or Local Land Services for that month, and
(c) Including such other information as may reasonably be required by Council including but not limited to, all factors such as climate variations that may limit the ability of the contractor to complete the WAP obligations.
2.6.3. INABILITY TO COMPLETE
If the Contractor believes that he is unable to meet the Leeton Shire Council's WAP obligations during 2020 to 2025 calendar year for whatever reason, he ls to advise the Council's nominated representative at the next scheduled monthly meeting and by no later than 30 June each year. This advice is to include a report detailing the action remaining to be completed, a proposed works plan outlining how the remaining actions will be completed during the following year. The works plan is also to outline the separate remaining annual actions from any of the following year actions and is to be mutually agreed upon.
2.6.4. AGREED PERSONNEL
The Services will only be performed by the persons agreed from time to time by the Parties.
If the Contractor wishes persons other than the Agreed Personnel to perform the Services, the Contractor
will only do so after obtaining the prior written approval of Council, which will not be unreasonably refused.
Council may, at any time, if it has reasonable ground which have been disclosed and discussed with the Contractor, by notice in writing to the Contractor, require the Contractor to cease to permit a particular person or persons employed by the Contractor or acting as agents of the Contractor to carry out the Services..
2.6.5. STANDARD OF CARE
The Contractor must perform the Services in a diligent manner and to the standard of skill and care expected of a skilled and competent professional experienced in the provision of the type of services being provided by the Contractor under this agreement.
2.6.6. CONTRACTOR TO PROVIDE BRIEFING
At least once every three months, the Contractor shall provide a briefing to Council in respect of the performance of the Services. Council may require this briefing be given by way of attendance at a meeting of Council's Weed Committee.
2.6.7. COUNCIL MAY GIVE DIRECTIONS
Council may, acting reasonably, give directions to the Contractor in respect of the carrying out of the Services including, without limitation, a direction to carry out a specific part of the Services within a specific timeframe.
2.6.8. CONTRACTOR TO COMPLY
The Contractor shall comply with any direction given by Council in accordance with clause 2.6.7.
PART 2 – READ AND KEEP THIS PART
17
Leeton Shire Council
2.6.9. INSURANCE – WORKERS COMPENSATION
Before commencing performing the Services, the Contractor shall insure against liability for death or injury to persons employed by the Contractor including liability by statute and at common law. The insurance cover shall be maintained until the Completion Date.
2.6.10. INSURANCE – PUBLIC LIABILITY
The Contractor must obtain a policy of public liability insurance with an insurer approved by Council (which
approval will not be unreasonably withheld) prior to commencing the performance of the Services and
must maintain that policy for the duration of this agreement.
The policy must be:
(a) in the name of the Contractor; and (b) for an amount not less than $20,000,000.00 in respect of any single occurrence.
2.6.11. NO EMPLOYMENT RELATIONSHIP
Nothing in this agreement constitutes the relationship of employer and employee between Council and the Contractor or between Council and the Contractor's Personnel. It is the express intention of the Parties that any such relationships are denied.
2.6.12. BIOSECURITY ACT 2015
(a) Council may delegate functions and/or appoint inspectors In order to enable the Contractor to perform the services, the Council may:
Delegate some of its functions as local control authority under the Biosecurity Act 2015 to the contractor; and/or
Appoint some of the contractor’s personnel to be inspectors for the purposes of the Biosecurity Act 2015.
(b) Contractor to comply with terms of delegation/appointment
Council may impose conditions upon the terms of any appointment and/or delegation pursuant to clause 2.6.12. The contractor shall, and the contractor shall ensure that the contractor’s personnel comply with any such conditions imposed by Council.
(c) No notices or correspondence to be issued without Council approval The contractor shall not issue any notice under the Biosecurity Act 2015 or any correspondence in
the course of performing the services without first obtaining the consent of Council. This subclause does not apply to correspondence written by the contractor to Council.
2.6.13. FEES AND PAYMENT
(a) Council to pay fee In consideration of the provision of the services in accordance with this agreement, Council will pay the contractor the fee as following – to be determined.
(b) Fee excludes GST
PART 2 – READ AND KEEP THIS PART
18
Leeton Shire Council
The fee is exclusive of any GST that may be charged by the contractor to Council and therefore, the
contractor will be entitled to add any GST payable to the fee. (c) Contractor to submit tax invoice
i) The contractor must provide Council with a tax invoice in accordance with the GST law in relation to an instalment of the fee at least seven (7) days before that instalment of the fee is due for payment.
ii) In the event that the contractor does not provide Council with a tax invoice in accordance with paragraph (i), Council need not pay that instalment of the fee until seven (7) days after the contractor does provide Council with a tax invoice in accordance with the GST law for that instalment.
(d) Set-off Council is entitled to set-off any amounts due to it by the contractor against any amounts due by it to
the contractor.
2.6.14. COUNCIL’S OBLIGATIONS
Council to allow contractor to use certain facilities – during this agreement Council will: (a) Allow the contractor to use facilities at Council’s depot in Leeton for the provision of the services. (b) Allow the contractor to use Council’s weeds chemical storage shed at Council’s depot in Leeton. (c) Contractor’s chemicals to be stored separately from Council’s Roads and Open Space and
Recreation chemicals.
2.6.15. CONFIDENTIALITY
(a) Contractor to keep Council’s information confidential. The contractor must keep Council’s confidential information confidential and not deal with it in any
way that might prejudice its confidentiality. (b) Activities of contractor confidential Council and the contractor acknowledge that information resulting from the activities of the contractor
pursuant to this agreement will also be regarded as confidential information. The contractor agrees that the contractor’s obligations under Clause 2.6.15(a) extend to this category of information.
(c) Obligations on termination On the termination of this agreement, or when earlier directed by Council:
i) All confidential information must be returned to Council, including all copies of the confidential information or any extracts or summaries of the confidential information that the contractor makes.
ii) The contractor must erase and destroy any copies of any software containing or comprising the confidential information in the contractor’s possession or under the contractor’s control or that may have been loaded onto a computer possessed or controlled by the contractor.
PART 2 – READ AND KEEP THIS PART
19
Leeton Shire Council
(d) What is not confidential information Confidential information does not include information which:
i) Is generally available to the public domain otherwise than as a result of a breach of clause 2.6.15(a) by the contractor; or
ii) Was known to the contractor prior to Council disclosing the information to the contractor. (e) Contractor’s personnel bound The contractor agrees that the Council may require any of the contractor’s personnel to sign a
confidentiality agreement in a form Council approves, as a condition of Council’s acceptance of any of the contractor’s personnel.
(f) Indemnity The contractor indemnifies Council fully against all liabilities, costs and expenses which Council may
incur as a result of any breach of this clause by the contractor. (g) Damages insufficient The contractor acknowledges that damages may be an inadequate remedy for a breach of this clause
and that Council may obtain injunctive relief against the contractor for any breach of this agreement. (h) This clause survives termination The obligations accepted by the contractor under this clause survive the termination or expiry of this
agreement.
2.6.16. USE OF SUBCONTRACTORS
(a) Contractor may use subcontractors The contractor is permitted to use other persons to provide some or all the services.
(b) Contractor responsible for subcontractors
i) The contractor will be responsible for the work of any contractor’s subcontractor. ii) Any work undertaken by any of the contractor’s subcontractors will be undertaken to the same
standard as is required of the contractor.
2.7. WARRANTIES, LIABILITY AND INDEMNITIES
2.7.1. CONTRACTOR’S WARRANTIES AND REPRESENTATIONS
The contractor warrants, represents and undertakes that:
(a) It will complete the services by the completion date or other mutually agreed date.
(b) The contractor’s employees and agents will have the necessary skills, professional qualifications
and experience to perform the services in accordance with the specification and standard of care
required of the contractor.
PART 2 – READ AND KEEP THIS PART
20
Leeton Shire Council
(c) It has full capacity and authority to enter into this agreement.
(d) It has obtained all necessary and required licences, consents and permits to perform the services;
and
(e) It is responsible for all costs, fees, expenses and charges for training necessary or required to its
employees and agents to perform the services.
2.7.2. INDEMNITY
To the extent permitted by law, the contractor indemnifies and keeps Council indemnified against all
claims against Council as a consequence of:
(a) Anything (including damage, loss, injury and death) caused or contributed to by the act, omission,
negligence or default of the contractor of the contractor’s employees, agents or subcontractors.
(b) The contractor’s default under this agreement, except if and to the extent that that claim arises
because of Council’s default or negligence.
2.7.3. CONTRACTOR EMPLOYEE ENTITLEMENTS
The contractor covenants that it will be solely responsible for the payment of its employees and agents of
all amounts due by way of salary, superannuation, annual leave, long service leave and any other
benefits to which they are entitled as the contractor’s employees or agents and to otherwise comply with
legislation applicable to the supplier’s employees and agents.
2.7.4. CONTACTOR TO COMPLY WITH LAWS
Throughout this agreement, the contractor must comply at its own expense with all Acts, regulations,
ordinances, rules, other delegated legislation, codes and the requirements of any Commonwealth, state,
local government departments, bodies and public authorities or other authority so far as the same may
affect or apply to the contractor or to the services.
2.7.5. NO AUTHORITY TO BIND COUNCIL
(a) The contractor warrants that the contractor has no authority to engage the services of any person as an employee or agent of Council.
(b) The contractor warrants that the contractor may not incur any liability on behalf of Council or in any way pledge or purport to pledge Council’s credit or accept any other or make any contract binding upon Council without prior approval being given by Council.
2.7.6. GOOD NAME OF COUNCIL
The contractor shall not, and the contractor shall ensure that the contractor’s personnel do not do anything which may bring the name of Council into disrepute.
2.7.7. CLAUSE SURVIVES TERMINATION
The obligations of this clause survive termination or expiry of this agreement.
PART 2 – READ AND KEEP THIS PART
21
Leeton Shire Council
2.8. TERMINATION
2.8.1. TERMINATION FOR BREACH
Either party may terminate this agreement by notice in writing to the other if the party notified fails to observe any term of this agreement and fails to rectify this breach, to the satisfaction of the notifying party, following the expiration of 14 days’ notice of the breach being given in writing by the notifying party to the other party. Should this agreement be terminated, the contractor shall refund all monies paid by Council to the value of any uncompleted targets in the 2020 to 2025 Leeton Shire Council Weeds Action Program.
2.8.2. IMMEDIATE TERMINATION
Notwithstanding anything in this agreement to the contrary, Council may terminate this agreement at any time by notice in writing to the contractor if the contractor or any of the contractor’s personnel is guilty to any dishonesty, serious misconduct or serious neglect of duty in or in connection with the provision of the services..
2.8.3. INSOLVENCY OF CONTRACTOR OR CHANGE IN OFFICEHOLDERS
Council may immediately terminate this agreement by notice in writing to the contractor upon the happening of any of the following events: (a) The contractor enters into a deed of arrangement or an order is made for it to be wound up.
(b) If an administrator, receiver or receiver/manager or liquidator is appointed to the contractor pursuant
to the Corporations Act 2001.
(c) If the contractor would be presumed to be insolvent by a court in any of the circumstances referred to in the Corporations act 2001.
2.9. DISPUTE RESOLUTION
2.9.1. DISPUTE
If any dispute arises out of this agreement (dispute) a part to this agreement must not commence any court or arbitration proceedings unless the parties to the dispute have complies with the clause except where a party seeks urgent interlocutory relief.
2.9.2. PARTY TO NOTIFY DISPUTE
A party to this agreement claiming that a dispute has arisen out of or in relation to this agreement must give written notice (notice) to the other party to this agreement specifying the nature of the dispute.
PART 2 – READ AND KEEP THIS PART
22
Leeton Shire Council
2.9.3. PARTIES TO ATTEMPT TO RESOLVE DISPUTE
The parties will within 7 days (time being of the essence) of the giving of the notice take reasonable steps to resolve the dispute by a senior representative of each party having the authority to bind the party.
2.9.4. MEDIATION
If, within 7 days of receipt of the notice, the parties are: (a) Unable to resolve the dispute.
(b) Unable to agree as to:
i) The dispute resolution technique (e.g. expert determination) and procedures to be adopted. ii) The timetable for all steps in those procedures. iii) The selection and compensation of the independent person required for such technique, the
parties must mediate the dispute in accordance with the Mediation Rules of the Law Society of New South Wales and the President of the Law Society of New South Wales or the President’s nominee will select the mediator and determine the mediator’s remuneration.
2.10. MEETINGS AND REPORTING
2.10.1. Meetings general
The Contractor shall attend meetings as reasonably requested by the Principal. This may include
information briefings with stakeholders and Elected Members.
2.10.2. Project Meetings
The Contractor must attend four meetings (every 3 months) Weeds Committee meetings each year and
address the following:
a) Weed Action Plan progress
b) Questions from Weeds Committee
c) Address Weeds Committee Agenda Items
2.10.3. Reporting General
The Contractor shall provide a monthly written progress report to the Principal as a summary of information
as per 2.10.2. The progress report shall be due by seven business days of each month, covering the
activities for the preceding month.
PART 2 – READ AND KEEP THIS PART
23
Leeton Shire Council
2.11. IMPLEMENTATION TIMETABLE
Milestone Description Target Date
Request for Tender released Friday 22 May 2020
Closing date for submissions Thursday 18 June 2020
Contract award Tuesday 30 June 2020
Finalisation of Contract documentation 1 Week from the date of award
Project commencement Next business day from the contract finalisation
Practical Completion 5 years
2.12. GENERAL
2.12.1. FORCE MAJEURE
Neither party will have any liability under or be deemed to be in breach of this agreement for any delays or failures in performance of this agreement which result from circumstances beyond the reasonable control of that party. The party affected by such circumstances must promptly notify the other party in writing when such circumstances cause a delay or failure in performance and when they cease to do so. If such circumstances continue for a continuous period of more than 6 months, either party may terminate this agreement by written notice to the other party.
2.12.2. NO ASSIGNMENT BY CONTRACTOR
The contractor may not assign, delegate, subcontract, mortgage, charge or otherwise transfer any or all its rights and obligations under this agreement without the prior written agreement of Council.
2.12.3. ENTIRE AGREEMENT
(a) This agreement contains the whole agreement between the parties in respect of the subject matter of this agreement and supersedes and replaces any prior written or oral agreements, representations or understandings between them relating to such subject matter.
(b) The parties confirm that they have not entered into this agreement based on any representation that is not expressly incorporated into this agreement.
2.12.4. WAIVER
(a) No failure or delay by a party in exercising any right, power or privilege under this agreement will impair the same or operate as a waiver of the same. No single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege.
(b) The rights and remedies provided in this agreement are cumulative and not exclusive of any rights and remedies provided by laws.
PART 2 – READ AND KEEP THIS PART
24
Leeton Shire Council
2.12.5. AGENCY, PARTNERSHIP ETC
(a) This agreement will not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for in this agreement.
(b) Neither party will have, no represent that it has, any authority to make any commitments on the other party’s behalf.
2.12.6. FURTHER ASSURANCE
Each party to this agreement will at the request and expense of the other, execute and do any deeds and other things reasonably necessary to carry out the provisions of this agreement or to make it easier to enforce.
2.12.7. SEVERANCE
If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement. This severance will not in any way affect any other circumstances of or the viability or enforcement of this agreement.
2.12.8. WORK, HEALTH AND SAFETY
(a) Council is committed to providing a healthy, safe and clean workplace for its employees, contractors and visitors. Council’s goal is to foster and sustain a positive safety culture. Council’s commitment is implemented through its work, health and safety (WHS) policy and underpinned by a set of WHS and operational procedures throughout Council.
(b) The contractor is required to comply with all relevant work, health, safety and welfare standards and regulations determined by Council or as prescribed by legislation.
2.12.9. LAW AND JURISDICTION
(a) This agreement takes effect, is governed by, and will be construed in accordance with the laws from time to time in force in New South Wales, Australia.
(b) The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
2.13. GUARANTEE
(a) In consideration of Council entering into this agreement at the request of the contractor. i) Guarantees to Council that the contractor will comply with all the contractor’s obligations under
this agreement. ii) Indemnifies Council for any loss Council suffers as a result of the contractor not complying
with its obligations under this agreement.
PART 2 – READ AND KEEP THIS PART
25
Leeton Shire Council
(b) The guarantee and indemnify in this clause are a continuing guarantee and indemnity and they do not come to an end until released by Council.
(c) The contractor acknowledges receipt of valuable consideration from Council for incurring and giving rights under this clause.
PART 4 – READ AND KEEP THIS PART
26
Leeton Shire Council
3. MINOR WORKS CONTRACT CONDITIONS
The minor works contract conditions are to be read in conjunction with the contract specification and
AS4906 – 2002 Minor Works Contract inclusive of any deletions, amendments or additions.
It is the Tenderers responsibility to ensure they have read and understood the relevant Minor Works
Contract. This information may be obtained from www.saiglobal.com
4. SPECIAL CONDITIONS OF CONTRACT
4.1. DISABILITY ACCESS AND INCLUSION PLAN
Not Applicable
4.2. ADVERTISEMENTS AND PROMOTIONS ON SITE
The Contractor may erect on the Site or permit to be erected on Site only those signs:
a) required by law;
b) specified in the Contract documents; and
c) required to identify the Contractor’s premises
The Contractor shall not erect on Site, or permit to be erected on site, any other sign, advertisement,
promotion or other display without the written approval of the Superintendent.
4.3. PUBLICITY
The Contractor shall not issue any information, publication, document or article for publication in any media
which includes details of the work under the Contract without the written approval of the Principal.
The Contractor shall make arrangement for site access by stakeholders for the purpose of publicity when
reasonably requested by the Principal.
4.4. ENVIRONMENTAL PROTECTION
The Contractor shall
a) Comply with all requirements of the Contract and all statutory requirements for protection of the
environment
b) Ensure that each of its subcontractors and consultants comply in like manner
c) Demonstrate to the Principal by mutual inspection and/or documentation whenever requested that
requirements of the Contract and statutory requirements for the protection of the environment are
being met
d) Prior to the commencement of work, provide the Principal with certification that the requirements
of the Contract and statutory requirements for the protection of the environment are capable of
being met by the Contractor’s organisation and management
PART 4 – READ AND KEEP THIS PART
27
Leeton Shire Council
e) The Contractor is responsible for and must at its own cost make good any damage to the
environment caused by the execution of the works.
f) Where inappropriate or inadequate provision of environmental management by the Contractor or
Contractor’s Subcontractor results in costs, losses or damages incurred by the Principal or claims
by third parties against the Principal for either direct or consequential costs, losses or damages,
the Contractor shall be liable for costs, losses or damages associated with any claim including but
not limited to administration costs incurred by the Principal in resolving such claim
4.4.1. Noise Control
Not Applicable
4.4.2. Site Control
The Contractor shall, always:
a) Comply with the regulations and restrictions imposed by the Superintendent relating to the storage
of materials, the routing of construction traffic, the interruption of existing services and facilities and
any other regulations in force on the Site;
b) Comply with all statutes, regulations and bylaws relating to the protection of the environment;
c) Obtain written approval from the Superintendent for the formation of any temporary roads, the
erection of temporary structures or any Site clearing not specifically documented;
d) Ensure that no trees or shrubs shall be removed or destroyed without the written approval of the
Superintendent;
e) Ensure that no fire shall be lit without the written approval of the Superintendent; and
f) Store flammable or explosive products in accordance with the relevant statutes and to the approval
of the Superintendent.
4.4.3. Soil Erosion
Not applicable
4.4.4. Dust, Dirt, Water and Fumes
The contractor shall prevent any nuisance occurring through the discharge of dust, dirt, water, fumes and
the like onto persons or property.
4.4.5. Vehicles
All debris, spoil, rubbish or materials shall be suitably contained and covered in vehicles during
transportation to or from the Site to prevent spillage or contamination of adjoining and other areas or
property.
The Contractor shall maintain vehicles, wheels and tracks in a suitable clean condition to prevent transfer
of mud onto adjacent streets or other areas.
PART 4 – READ AND KEEP THIS PART
28
Leeton Shire Council
4.4.6. Refuse Disposal
All Site refuse (including foodstuffs) shall be handled and disposed of in accordance with the requirements
of relevant statutes and to the approval of the Superintendent.
4.4.7. Smoking on Leeton Shire Sites
The Contractor shall at all times ensure that all workmen and visitors on the construction Site comply with
the following Smoking Policy;
In respect of construction Sites, smoking is prohibited:
a) in Site Offices, lunchrooms or enclosed toilet facilities; and
b) inside existing premises that are designated as “no smoking” areas.
4.5. CONTRACTOR’S REPRESENTATIVE
The Contractor’s Representative shall have sufficient command of the English language and of Australian
construction and technical terminology, to be able to read, converse and receive instructions in English.
4.6. EXISTING IMPROVEMENTS
Where, within the Site there are a range of existing improvements, roads, drainage and other services, the
Contractor shall protect and maintain the same throughout the Contract.
The Contractor shall allow for all traffic control measures to maintain the roads in a safe trafficable
condition.
4.7. TEMPORARY SAFETY FENCE
Not Applicable
4.8. MATERIALS, LABOUR AND CONSTRUCTIONAL PLAN
Not Applicable
4.9. MATERIALS AND WORK
4.9.1. Regulations
The Contractor shall comply with all requirements of the Contract and all statutory requirements for Work
Health and Safety Act 2011 and Work Health and Safety Regulations 2017. Please note that any
amendments that may be made to the Act and Regulations from time to time should be incorporated in
safe work methods and procedures.
The Contractor shall be solely responsible for ensuring that wherever practicable, its employees and those
of the Sub-contractors and employees of Separate Contractors, the Principal, Superintendents, and
visitors to the Site, are not exposed to hazards.
PART 4 – READ AND KEEP THIS PART
29
Leeton Shire Council
Attention is drawn to the requirement to supply manufacturers/suppliers “Material Safety Data Sheets”.
These sheets should be consistent with the “Work Safe” information and format.
A copy of all “Material Safety Data Sheets” shall be supplied to the Superintendent with another copy kept
on Site by the Contractor.
4.9.2. Chemical Information
The use of chemicals specified or required during the currency of this Contract shall comply with the
requirements of the Act and associated Regulations concerning information on chemical substances.
The Contractor shall ensure manufacturers, importers and suppliers of chemical substances for use on
the works, are responsible for providing information on those substances to be used and the Contractor is
responsible for passing on information supplied by manufactures; importers and suppliers of chemical
substances to workers on Site refer to Chapter 7 of the Regulation.
Copies of all information supplied shall be kept on the Site.
4.9.3. Trade Names
Where a trade name, brand or catalogue number is referred to in the Contract, the Contractor may
substitute equivalent material or equipment provided that in the opinion of the Superintendent the
characteristics of type, quality, finish, appearance, method of construction and performance are not less
than that specified, and are approved by the Superintendent.
Such approval shall not be anticipated because of similar approval having been given in a previous
contract.
4.9.4. Safety Traffic Management Plan
The Contractor shall, throughout the Works, implement and maintain a "Safety Traffic Management Plan".
The Contractor shall prepare the Safety Management Plan in conjunction with a person suitably
experience and qualified in safety matters.
Prior to the commencement of the Works, the Contractor shall supply to the Superintendent in writing, its
Safety Management Plan.
4.9.5. Induction Training
Employees of the Contractor and its Subcontractors and Employees of Separate Contractors shall not
commence work on the Site until they have been inducted.
Upon commencement of work on the Site, the Contractor shall further induct each employee with regard
to all significant hazards associated with their particular activity and area of employment on the Site and
where relevant shall include the use of powered plant, tools and equipment.
PART 4 – READ AND KEEP THIS PART
30
Leeton Shire Council
4.9.6. Pre-Job Planning
Where legislation or codes of practice identify particularly hazardous activities including but not limited to
work in confined spaces, asbestos removal, demolition work, excavation work, working near power lines
and live conductors and working at heights, the Contractor shall supply to the Superintendent a Safe Work
Procedure prior to the commencing such activity or type of work on the Site.
The Contractor shall induct its employees and its Subcontractors and Separate Contractors with regard to
Safe Work Procedures and shall prepare "Training Session Attendance" sheets signed by each attendee
verifying that such induction has occurred.
4.9.7. Site and Public Security
Not Applicable
4.9.8. Occupied Sites
Not Applicable
4.9.9. Materials to be Supplied by the Principal
The materials stated in the specification to be supplied by the Principal will be supplied free of charge to
the Contractor for use only in the execution of the work under the Contract. The Contractor shall take
delivery of the materials under the Conditions set out in the Contract.
4.9.10. Services Installation
The mechanical, electrical, plumbing, and similar service installations, equipment and their associated
services shall be installed in such order that will ensure they are located as shown on the drawings and
that all essential components and parts are accessible for the purposes of maintenance and replacement.
The Contractor shall be responsible for co-ordination between the various service installers in attaining
the required locations and tolerances.
4.9.11. Working Hours
The Work to be performed under the contract shall be subject to execution within certain restricted working
hours and the Contractor shall observe the following requirements:
No restriction to working hours – Chemical application permitted according to weather
conditions.
In approving a variation to the working hours or working days, the Superintendent may attach conditions
which may preclude the performance of work requiring inspection or attendance by or on behalf of the
Principal or may include a requirement that the Contractor meets the Principal's costs of inspection or
attendance of WUC during the varied times approved by the Superintendent. Where the Principal's costs
of inspection or attendance are not required to be borne by the Contractor, they shall be borne by the
Principal.
PART 4 – READ AND KEEP THIS PART
31
Leeton Shire Council
The Contractor shall be liable for any additional costs the Principal may incur as a result of work outside
the normal hours programming of the works.
4.9.12. Schedule of Warranties
The Contractor shall obtain and ensure that the Principal will have the benefit of all warranties specified in
the Contract for items of work, materials or equipment as per Appendix 1.
4.9.13. Brands of Material Schedules
Not Applicable
4.10. GOODS AND SERVICES TAX (GST)
For the purposes of this clause:
a) “GST” means goods and services tax applicable to any taxable supplies as determined under the
GST Act.
b) “GST Act” means A New Tax System (Goods and Services Tax) Act 1999 and (where the context
permits) includes the Regulations and the Commissioner of Taxation’s Goods and Services Tax
Rulings and Determinations made thereunder and any other written law dealing with GST applying
for the time being in the State of New South Wales.
c) “Supply” and “taxable supply” have the same meanings as in the GST Act.
Where the Requirement’s, the subject of this Request, or any part thereof is a taxable supply under the
GST Act, the price, fee or rates tendered by the Tenderer shall be inclusive of all applicable GST at the
rate in force for the time being.
In evaluating the Tenders, the Principal shall be entitled (though not obliged) to consider the effect of the
GST upon each Tender.
4.11. STAMP DUTY
The Contractor shall pay all stamp duties, fees and levies in connection with the Contract.
APPENDICES – READ AND KEEP THIS PART
32
Leeton Shire Council
APPENDIX 1 – LEETON SHIRE COUNCIL WEEDS ACTION PLAN
Activities Year 1 Year 2 Year 3 Year 4 Year 5 TOTAL
GOAL 1 – EXCLUDE: Prevent the establishment of new invasive species
1.1. Improved identification and management of high-risk species and
pathways.
1.1.1. Develop species and pathway risk assessment frameworks that are
consistent with national approaches where appropriate.
1.1.1.1 LCAs to develop local inspection and high-risk pathway plans
(coordination)
1.1.2 Review legislative arrangements for control of high-risk species and
pathways.
1.1.3 Implement legislation, education and enforcement programs for
effective management of high-risk species and pathways.
1.1.3.1 Regional Inspection Program – Inspection of High-Risk
Pathways (roadsides inspections, inspections)
1.1.3.2 High Risk Sie (HRS) Inspections (inspection)
1.1.3.3 Inspection of High-Risk Sites – Travelling Stock Reserves
(TRSs) (inspection)
1.1.3.4 Inspection of High-Risk Pathways – Waterways (inspection)
1.1.3.5 Inspection of High-Risk Pathways – Waterways – MAJOR
DAMS, LAKES (inspection)
1.1.3.6 Inspection of other Publicly Managed Lands (inspection)
Target (Occurred (Yes/No))
Target (Kilometres)
Target (Inspections)
Target (Inspections)
Target (Kilometres)
Target (Visits)
Target (Visits)
APPENDICES – READ AND KEEP THIS PART
33
Leeton Shire Council
1.1.3.7 LCAs to Inspect Council Owned/Managed Land (inspection)
1.1.3.8 LCAs Inspect Private Properties (PP) – not HR (high risk)
(inspection)
1.1.4 Work with industry to mitigate risk, including codes of practice and
labelling standards
1.1.4.1 Promote use of hygienic practices through the vehicle hygiene
protocol (coordination)
Target (Visits)
Target (Inspections)
Target (Number)
1.2 Improved early detection capabilities
1.2.1 Continually review and improve early detection capabilities
1.2.1.2 LCAs be using weed inspection recording devices with GIS
capability (compliance)
1.2.2 Undertake regular fore sighting to identify and address emerging
trends that could lead to increased biosecurity risks
1.2.3 Improve capacity (people, equipment and processes) to identify
and report suspected new invasive species
1.2.3.1 Improve overall community capacity to identify and report
suspect plants. This includes people, equipment and
processes capacity (extension)
1.2.4 Increase public awareness of incursion risk and reporting
mechanisms
1.2.4.2 Engage in public awareness events for new weeds incursion
and how to report (extension)
1.2.4.3 Television weed awareness program including Red Guidepost
program (extension)
Target (Occurred (Yes/No))
Target (Events)
Target (Events)
Target (Displays)
GOAL 1 TOTALS
APPENDICES – READ AND KEEP THIS PART
34
Leeton Shire Council
GOAL 2 – ERADICATE OR CONTAIN: Eliminate or prevent the spread of new invasive species
2.1 Improved rapid response capabilities to eradicate or contain new
incursions
2.1.2 Develop incursion response plans for extreme risk species
2.1.2.1 Review Riverina Regional Incursion Response Plans for
Extreme Risk Species (coordination)
2.1.3 Develop rapid response plans and cost sharing agreements
2.1.3.1 Review and update Riverina Regional Rapid Response Plan
(RRP) and Cost Sharing Agreements (coordination)
2.1.4 Develop a decision-making framework to make recommendations
on when eradication should be attempted and the transition points
from eradication > containment > ongoing management
2.1.5 Maintain a sufficient statewide network of biosecurity staff to
respond to incursions
2.1.5.2 LCAs to eradicate or contain incursions of state and regional
priority weeds (control)
Target (Occurred Yes/No)
Target (Occurred Yes/No)
Target (Kilometres)
GOAL 2 TOTALS
GOAL 3 – EFFECTIVELY MANAGE: Reduce the impacts of widespread invasive species
3.1 Management programs prioritised to give more targeted effort and
greater benefit
3.1.1 Prioritise invasive species management at the regional level
through regional pest animal and weed management strategies
3.1.2 Prioritise management efforts based on current and potential
impacts
3.1.2.1 Weed control prioritised on current and potential weed risk
and impact (control)
3.1.3 Programs are measured with clear benchmarks to ensure results
are quantified
3.2 Improved management effectiveness
Target (Kilometres)
APPENDICES – READ AND KEEP THIS PART
35
Leeton Shire Council
3.2.1 Management is undertaken according to best practice management
guidelines and Standard Operating Procedures
3.2.2 Encourage cooperative programs that use integrated management
across all tenures
GOAL 3 TOTALS
GOAL 4 – CAPACITY BUILDING: Ensure NSW has the ability and commitment to manage invasive species
4.1 Roles and responsibilities are clear for invasive species
management
4.1.1 Ensure roles and responsibilities for each stakeholder are clearly
defined
4.2 Private landholders and the general community are motivated to
support biosecurity at all stages of invasion curve
4.2.1 Inform stakeholders of their obligations under the Biosecurity Act
2015
4.2.1.1 LCAs attending community educational events to promote
land tenure Biosecurity Act 2015 obligations (extension)
4.2.2 Identify opportunities for community involvement in biosecurity
4.2.2.1 Identify opportunities for community involvement in weed
biosecurity (extension)
4.2.3 Maintain and build on existing volunteer networks
4.2.3.1 Maintain and build on existing volunteer networks (extension)
4.2.4 Provide a range of information, education and training resources
4.2.4.1 Provide landholders with education, training and technical
advice and support on weed management (extension)
4.2.5 Raise awareness of the importance of reporting new incursions and
provide accessible mechanisms for reporting
Target (Events)
Target (Events)
Target (Events)
Target (Number)
APPENDICES – READ AND KEEP THIS PART
36
Leeton Shire Council
4.2.5.1 Raise awareness to community of importance of reporting new
incursions (coordination)
4.3 Skilled workforce implementing invasive species management
4.3.1 Maintain availability of competency-based education and training
courses
4.3.1.1 LCAs to support Biosecurity Weeds Officers to attend/
complete required training (coordination)
4.3.2 Maintain an adequate network of biosecurity professionals across
the state that can be rapidly deployed to manage biosecurity
emergencies
4.3.2.1 LCAs to maintain relevant operational qualifications for
Biosecurity Weed Officers (compliance)
4.3.2.2 LCAs to support Biosecurity Weed Officers to attend State
Weed Conference (coordination)
Target (Occurred Yes/No)
Target (Training courses for
weeds professionals)
Target (Skills Development)
Target (Attendees)
GOAL 4 TOTALS
GRAND TOTAL FOR LEETON SHIRE COUNCIL ACROSS ENTIRE SUB-
PROGRAM