CENTRAL GOLDFIELDS SHIRE COUNCIL TENDER G CIVIL & TRAFFIC ENGINEERING CONSULTANCY SERVICES

Transcription

1 0 CENTRAL GOLDFIELDS SHIRE COUNCIL TENDER G CIVIL & TRAFFIC ENGINEERING CONSULTANCY SERVICES 1

2 TABLE OF CONTENTS Page No. 1. NOTICE TO TENDERERS AND GENERAL CONDITIONS OF TENDERING SCHEDULE A Tender Form SCHEDULE B Schedule of Prices SCHEDULE C Insurances SCHEDULE D Sub Consultants SCHEDULE E Quality Assurance SCHEDULE F Local Knowledge SCHEDULE G Tenderer Profile SCHEDULE H Contractors Undertaking O.H. & S. REQUIREMENTS GENERAL CONDITIONS OF CONTRACT AS FORM OF AGREEMENT SPECIFICATION

3 1. NOTICE TO TENDERERS AND GENERAL CONDITIONS OF TENDERING 3

4 1. NOTICE TO TENDERERS AND GENERAL CONDITIONS OF TENDERING 1.1 CONDITIONS OF CONTRACT AS Australian Standard General Conditions of Contract AS form part of this contract including Annexure A The Form of Agreement These are included in the tender documents. AS is not included with the tender documents but may be sighted at the Shire Office, Nolan Street, Maryborough, or may be purchased from the Standards Association Australia. 1.2 CONDITION OF TENDERING The tenderers are to tender on the following documents. * Notice to Tenderers * Schedule A - Tender Form * Schedule B - Schedule of Prices * Schedule C - Tenderer Profile * Schedule D - Contractor's Undertaking * Schedule E - Quality Assurance * Schedule F - Local Knowledge * Schedule G - Tenderer Profile * Schedule H - Contractors Undertaking * AS and Annexures * OHS Questionnaire * The Specifications 1.3 TENDER CLOSING DATE 2.00pm Friday July 3, LODGEMENT OF TENDERS AND LATE TENDERS Tenders must be lodged in the tender box at the Central Goldfields Shire Council, Nolan Street, Maryborough, Faxed or late tenders will be rejected. 1.5 TENDER FORM Tenderers must submit their tender on the TENDER FORM, properly completed. It must be quite clear whether the person, firm or company whose signature appears on the tender signs as principal or as an agent, and the name of the principal must be set out clearly. 1.6 TENDER SUBMISSION Submission shall include: * Completed Tender Form - Schedule A * Completed Schedule of Prices - Schedule B * Tenderer Profile - Schedule C * Contractor's Undertaking - Schedule D * Quality Assurance - Schedule E * Local Knowledge - Schedule G * Contractors Undertaking - Schedule H * Details Contained Within Specification * OHS Questionnaire 4

5 1.7 TENDER DOCUMENT FEE $27.50 (inclusive of GST) posted hardcopy, free if downloaded from Councils website 1.8 TENDERERS TO VISIT SHIRE Tenderers are advised to visit the Site before submitting their tender to satisfy themselves as to the extent of the Contract. Council will not entertain any claim on account of a failure to do so. 1.9 CONTACT OFFICER All enquiries regarding the tender should be directed to the following pertinent officer: Contract Mr Graeme Gilmore Purchasing Manager Specifications Mr Ron Potter Manager Engineering & Operations Phone (03) Phone (03) INFORMAL TENDERS Any tender may be rejected which does not comply with the requirements WITHDRAWAL OF TENDER A tenderer may withdraw the tender at any time after the expiration of 60 days but not prior to the expiration of 60 days REQUIREMENTS OF CONTRACTORS Tenderers must sign the Contractors Undertaking (Schedule D) verifying that if successful that they will comply with relevant industrial awards, statutory regulations and established site agreements PLANT EQUIPMENT ETC. The tenderer shall ensure that plant and equipment to be employed on the works under the contract is authorised for the proposed work and all acceptance certificates are current NON-CONFORMING TENDERS The Council reserves the right to reject any non-conforming tenders The Council reserves the right to accept any non-conforming tenders NATIONAL COMPETITION POLICY The tenderer must verify compliance with the principles of the National Competition Policy. Part IV of the Trade Practices Act CANVASSING OF COUNCIL OFFICERS The canvassing of Councillors and/or Council Officers in relation to this Tender will cause the tender to be disqualified CODE OF TENDERING The Council will observe the Australian Standard Code of Tendering AS

6 2. SCHEDULE A TENDER FORM 6

7 2. SCHEDULE A TENDER FORM for Civil & Traffic Engineering Consultancy Services Mr Mark Johnston Chief Executive Officer Central Goldfields Shire Council 2 Neill Street MARYBOROUGH 3465 Dear Sir, In accordance with and subject to the Conditions of Tendering, the undersigned hereby offers, for the respective prices and consideration as provided in the documents attached, to contract to carry out the work described or referred to in the Central Goldfields Shire's Invitation to Tender No. G For the *Lump sum of..($..) Schedule of Rates (including GST) Time to complete the works... Dated this...day of Full name of Tenderer..... *A.C.N No *A.B.N No * Registration No * Public Liability Insurance Yes/No Amount $. Address Telephone No...(03)... Fax...(03).... Incorporated in Victoria: Yes/No Authorised Signature: (Designated - Principal/Agent) Returnable - not later than 2.00 pm, Friday 3rd July, 2009 Tender Box Central Goldfields Shire Council Nolan Street Maryborough 3465 Tenders received after the closing time or by facsimile will be rejected. 7

8 3. SCHEDULE B HOURLY RATES Please nominate below the hourly charge out rates applicable for small or urgent jobs. Include all on costs, profit margin etc. Main Consultancy Position Year 1 $/hr ex. GST Principal Engineer Design Engineer Engineering assistant/technician Draftsperson Design Engineer (for relief or support work for Council from time to time) Other (please nominate below) Year 2 $/hr ex. GST Year 3 $/hr ex. GST Sub Consultants Position Year 1 $/hr ex. GST Geo-technical Engineer Engineering Surveyor Hydrological Engineer Engineering/survey assistant/technician Draftsperson Other (please nominate below) Year 2 $/hr ex. GST Year 3 $/hr ex. GST 8

9 4. SCHEDULE C INSURANCES Please provide documentary evidence of the insurance cover carried by your organisation: 1. WORKCOVER INSURANCE Insurance Company WorkCover No. 2. PUBLIC LIABILITY INSURANCE Insurance Company Policy No. Expiry Date Amount of Cover 3. PROFESSIONAL INDEMNITY INSURANCE Insurance Company Policy No. Expiry Date Amount of Cover 4. OTHER INSURANCES Description Insurance Company Policy No. Expiry Date Amount of Cover 9

10 5. SCHEDULE D SUB-CONSULTANTS Please provide information on the sub-consultants that you would utilise, e.g. for survey, geo-technical investigation etc: Sub-consultant s name & service supplied Brief description of your association with this entity Brief description of sub-consultant s experience Brief description of method of managing the sub-consultant & how quality of service would be assured 10

11 6. SCHEDULE E - QUALITY ASSURANCE a) Please provide details of your company s quality policy. b) Please supply details of your company s quality system c) Who would be the quality management representative for the company and what are her/his relevant qualifications and experience? d) Please describe the checks and balances for final delivery and services by others e) How would non-conformances be identified, documented, evaluated and notified. f) How would non-conformances be corrected on both a short term and a long term basis. 11

12 g) Please list any other comments or additional relevant information you would care to add. 12

13 7. SCHEDULE F - LOCAL KNOWLEDGE Please detail the extent of your knowledge of the following categories and how it would assist in delivery of services: Insert N/A as appropriate. Category Extent of knowledge How it would assist Central Goldfields Shire Council Organisation Method of operation Infrastructure Personnel Water Authorities, CMA s Organisation Method of operation Infrastructure Personnel 13

14 Telecommunications Authorities Method of operation Infrastructure Gas Authorities Organisation Method of operation Infrastructure Personnel VicRoads Western Region Organisation Method of operation 14

15 VicRoads Western Region cont Infrastructure Personnel VicRoads Pre-Qualification Energy Authority Organisation Method of operation Infrastructure Personnel Geology & ground conditions Topography 15

16 Climate Socio-economics Heritage Remnant vegetation Natural assets/attractions Tourism 16

17 Other (nominate) 17

18 8. SCHEDULE G TENDERER PROFILE 18

19 8. SCHEDULE G TENDERER PROFILE The tenderer must provide the following information to enable Council to assess their ability to carry out the work. 8.1 Relevant Experience: Where have you worked within the last 2 years? What type of work? For how many years? Performance History: What contracts: (1) Current (2) Recently completed References: Name:...Company:...Phone:... Name:...Company:...Phone: Technical skills: What recent projects of a similar nature have you and your workers been involved in? Time performance: Have you completed your contracts on/or before time?... 19

20 8.5 List the names and qualifications/training of the people who may be working with you on site to perform this Contract Enclose copies of the Statement of Qualifications or certificates of the people to be used on the Contract Additional Information Tenderers may submit any additional information that may support their application (If insufficient space please attach lists) 20

21 9. SCHEDULE H CONTRACTOR'S UNDERTAKING 21

22 9. SCHEDULE H CONTRACTOR'S UNDERTAKING Contractor: Invitation to tender description The above mentioned contractor has read the Requirements of Contractor's clause contained in the above mentioned Invitation to Tender and hereby warrants to comply with the terms thereof, and further warrants that all sub-contractors will sign an undertaking in like form to this and acknowledges that it is the Contractor's responsibility to ensure the compliance of such sub-contractors. Authorised signatory:.... For:..... (Contractor's Name) Dated:... Note: The document must be signed by an officer of the Company who has the authority to act on behalf of and bind the Company. 22

23 10. O.H. & S. REQUIREMENTS 23

24 INTRODUCTION Council is involved in a business which provides community welfare services, waste collection and disposal, library and educational facilities, parks and recreation facilities, the provision of roads, footpaths and drainage, and numerous other activities. A duty of care is owed to any person who may be affected by what the Council does in running its business. The duty is higher where the place at which the business is operated is under the control or management of the Council. Quite specific obligations are owed to employees and Contractors of the Council. 1. General Occupational Health & Safety Requirements Council is obligated to provide and maintain, so far as is practicable, a working environment for its employees and members of the public, that is safe and without risk to health. As a condition of this contract, Council requires that any Contractors or subcontractors that may be engaged to perform a service on its behalf will at all times identify and exercise all necessary precautions for the health and safety of all persons including Contractor employees, Council employees and members of the public who may be affected by the services. The Contractor will inform itself of all occupational health and safety policies, procedures or measures implemented or adopted by the Council and/or the occupiers of any premises at or within which the Contractor will perform works under this contract. The Contractor will comply with all such policies, procedures or measures; and in the event of any inconsistency, will comply with such procedures or measures as they produce the highest level of health and safety. The Contractor will forthwith comply with any and all directions by the Council relating to occupational health and safety. 2. Legislative Compliance The Contractor must comply with and ensure that its employees, subcontractors and agents comply with any Acts, regulations, local laws and by-laws, Codes of Practice, Australian Standards and Council OHS policy and procedures which are in any way applicable to this contract or the performance of the services under this contract. Refer to Appendix 1 3. Contractor OHS Management Systems The OHS management system of the Contractor must as a minimum requirement demonstrate compliance with all duties of an employer specified in the Occupational Health and Safety Act The Tenderer must submit to Council, as part of its tender, a complete copy of its OH&S management system documentation (Safety Plan) which must include as a minimum:- Organisational Structure Key Policies/Procedures Risk Identification/Assessment/Control Plant & Equipment Details Personnel Information Emergency Procedures Insurance Details Refer to Appendix 2 24

25 4. OHS Performance Reporting The Contractor shall provide the following information on a monthly basis in the form of a Contractor OHS Performance Report: Number of lost time injuries Working days lost due to injury Current status of any injured personnel, damaged property or environmental damage or pollution Status of the implementation and outcomes of corrective actions undertaken as a result of OHS inspections and risk assessments The OHS Performance Report shall be submitted by the Contactor using the Contractor Monthly OHS Performance Report Form. 5. Incident Notification If the Contractor is required by the Occupational Health and Safety (Incident Notification) Regulations 1997 or by any other regulations to give any notice of an accident occurring during the performance by the Contractor of works under the contract, the Contractor shall at the same time or as soon thereafter as possible in the circumstances give a copy of the notice to the Council. The Contractor must promptly notify the Council of any accident, injury, property or environmental damage which occurs during the carrying out of the contract works. All lost time incidents shall be immediately notified to Council. The Contractor must and within 3 days of any such incident provide a report giving complete details of the incident, including results of investigations into its cause, and any recommendations or strategies for prevention in the future. 6. Non Compliance If during the performance of works under the contract the Council informs the Contractor that it is the opinion of Council that the Contractor is: not conducting the work in compliance with the Contractor s Health and Safety Plan, health and safety management procedures, relevant legislation or health and safety procedures provided by Council from time to time, or conducting the work in such a way as to endanger the health and safety of Contractors employees or Council s or its Contractors and subcontractors employees, plant, equipment or materials, the Contractor shall promptly remedy that breach of health and safety. Council may direct the Contractor to suspend the work until such time as the Contractor satisfies Council that the work will be resumed in conformity with applicable health and safety provisions. During periods of suspension referred to above, Council shall not be required to make any payment whatsoever to the Contractor. If the Contractor fails to rectify any breach of health and safety for which the work has been suspended, or if the Contractors performance has involved recurring breaches of health and safety, the Council may as its option terminate the work forthwith, without further obligation to the Contractor. In this event, Council s liability shall be limited to payment for the work performed and costs incurred by the Contractor up to the time of termination or an earlier suspension of works. 25

26 7. Tenderer OHS Management System Questionnaire This questionnaire forms part of Councils tender evaluation process and is to be completed by tenderers and submitted with their tender offer. The objective of the questionnaire is to provide an overview of the status of the tenderers OHS management system. Tenderers will be required to verify their responses noted in their questionnaire by providing evidence of their ability and capacity in relevant matters. 1 OHS Policy and Management 1.1 Is there a written company health and safety policy? If yes provide a copy of policy. Comments: Does the company have an OHS Management System certified by a recognised independent authority (eg: SafetyMAP)? If Yes provide details Is there a company OHS Management System manual or plan? If yes provide a copy of contents page(s). Comments. 1.4 Are health and safety responsibilities clearly identified for all levels of staff? If Yes provide details:... 2 Safe Work Practices and Procedures 2.1 Has the company prepared safe operating procedures or specific safety instructions relevant to its operations? If yes, provide a summary listing of procedures or instructions. Comments. 2.2 Does the company have any permit to work systems? If Yes, provide a summary listing of permits. 2.3 Is there a documented incident investigation procedure? If Yes provide a copy of a standard incident report form. 2.4 Are there procedures for maintaining, inspecting and assessing the hazards of plant operated/owned by the company? If Yes, provide details Yes No 26

27 Yes No 2.5 Are there procedures for storing and handling hazardous substances? If Yes, provide details 2.6 Are there procedures for identifying, assessing and controlling risks associated with manual handling? If Yes, provide details. 3 OHS Training 3.1 Describe how health and safety training is conducted in your company Is a record maintained of all training and induction programs undertaken for employees in your company? If Yes, provide examples of safety training records 4 Health and Safety Workplace Inspection 4.1 Are regular health and safety inspections at worksites undertaken? If Yes, provide details: 4.2 Are standard workplace inspection checklists used to conduct health and safety inspections? If Yes, provide details or examples: 4.3 Is there a procedure by which employees can report hazards at workplaces? If Yes, provide details 5 Health and Safety Consultation 5.1 Is there a workplace health and safety committee? 5.2 Are employees involved in decision making over OHS matters? If Yes, please provide details 27

28 Yes No 5.3 Are there employee elected health and safety representatives? Comments. 6 OHS Performance Monitoring 6.1 Is there a system for recording and analysing health and safety performance statistics? If Yes provide details 6.2 Are employees regularly provided with information on company health and safety performance? If Yes, provide details. 6.3 Has the company ever been convicted of an occupational health and safety offence? If Yes, provide details 7. MANDATORY OH&S INFORMATION REQUIRED Certification The information provided in this questionnaire is an accurate summary of the company s occupational health and safety management system. Company Name:... Signed:... Position:... Name:... Date:... Contract Details Contract Name: Civil and Traffic Engineering Consultancy Services Contract : G

29 8. Company References 8.1 Please provide the following information for the three (3) most recent contracts completed by the company: Contract Description Client Contract 1 Contract 2 Contract 3 Contact Phone No Number of lost time injuries Number of person days on contract Total days lost due to injuries 29

30 APPENDIX 1 Summary of Victorian Occupational Health and Safety Legislation 30

31 Legislation Summary Victorian Occupational Health and Safety Act 2004 No. 107 Occupational Health and Safety (Asbestos) Regulations 2003 No. 16 Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 1994 No. 108 Occupational Health and Safety (Confined Spaces) Regulations 1996 No. 148 Occupational Health and Safety (Entry Permits) Regulations 2005 No. 64 Occupational Health and Safety (Hazardous Substances) Regulations 1999 No. 143 Occupational Health and Safety (Incident Notification) Regulations 1997 No. 25 Occupational Health and Safety (Issue Resolution) Regulations 1999 No. 94 Occupational Health and Safety (Lead) Regulations 2000 No. 62 Occupational Health and Safety (Major Hazard Facilities) Regulations 2000 No. 50 Occupational Health and Safety (Manual Handling) Regulations 1999 No. 84 Occupational Health and Safety (Mines) Regulations 2002 No. 104 Occupational Health and Safety (Noise) Regulations 2004 No. 10 Occupational Health and Safety (Plant) Regulations 1995 No. 81 Occupational Health and Safety (Prevention of Falls) Regulations 2003 No. 121 Occupational Health and Safety Codes of Practice Code of Practice for Building and Construction Workplaces Code of Practice for Confined Spaces Code of Practice for Demolition Code of Practice for Demolition (Amendment No. 1) Code of Practice for Electrical Installations on Construction Sites (Industry Standard 2002) Code of Practice for First Aid in the Workplace Code of Practice for Foundries Code of Practice for Hazardous Substances Code of Practice for Lead Code of Practice for Manual Handling Code of Practice for Plant Code of Practice for Plant (Amendment No. 1) Code of Practice for Prevention of Falls in General Construction Code of Practice for Provision of Occupational Health and Safety Information in Languages Other than English Code of Practice for Safety in Forest Operations Code of Practice for Safe Use of Cranes in the Building and Construction Industry Code of Practice for Safety Precautions in Trenching Operations Code of Practice for the Storage and Handling of Dangerous Goods Code of Practice for Tilt Up Construction (Industry Standard 2001) Code of Practice for Workplaces Office of the Chief Electrical Inspector: Code of Practice for Safe Electrical Work 2005 (Low Voltage Electrical Installations) 31

32 APPENDIX 2 32

33 SAFETY PLANS 1. Organisational Structure: Company History Market Environment Mission Statement Quality Statement Organisational Chart 2. Key Policies and Procedures: Occupational Health and Safety Risk Management WorkCover Accident/Incident Reporting Risk/Hazard Identification and Management Issue Resolution 3. Risk Identification, Assessment and Control: Review of Common Work Tasks Site Specific Work Tasks Development of Safe Work Procedures 4. Plant and Equipment Inventory Identification Details Maintenance Schedule/s Certificates of Competency for Operators Plant Safety Checklists 5. Personnel: Key Staff Contact Details Training Register Sub-Contracting Procedure 6. Emergency Procedures: Emergency Response Plan Emergency Contact Details First Aid Requirements 7. Insurance Details: Certificates of Currency for Legal Liability and WorkCover Insurance 33

34 11. GENERAL CONDITIONS OF CONTRACT AS ANNEXURE A & B GST CLAUSE 34

35 ANNEXURE to the Australian Standard General Conditions of Contract for Engagement of Consultants PART A Item 1. The Brief is comprised in the following documents: (Clause 1) 2. (a) The Client or Principal is: (Clause 1) Central Goldfields Shire Council ACN ABN (b) The Client s or Principal s address is: Shire Office Nolan Street MARYBOROUGH VIC (a) The Consultant is: (Clause 1) (b) The Consultant address is: ACN ABN 4. The law applicable is that of the State or Territory of: (Clause 1) Victoria (If nothing stated, the State or Territory where the Services are carried out) AS

36 5. The Contract documents are: (Clause 2) 1. These General Conditions of Contract. 2. The Brief being the documents stated in Item (a) If required by Clause 3(b), the Consultant shall submit a Program for carrying out the Services: (Clause 3(b)) (b) If yes, the Program shall be in the following form: (Clause 3(b)) * Yes / * No (c) If yes, the Program shall be submitted in the following time: (Clause 3(b)) 7. Key personnel: (Clause 3 (g)) Name Work to be carried out 8. Fees and charges to satisfy Legislative Requirements payable by the Consultant: (Clause 4 (f)) 9. The Client s representative is: (Clause 6.1) * Delete as appropriate AS

37 10. The Consultant s representative is: (Clause 6.2) 11. Intellectual Property Rights Alternative applying: (Clause 8.1) 12. If Alternative 2 applies, the additional fee payable to the Consultant to best the Intellectual Property Right in or relating to the Contract Material in the Client: (Clause 8.1) 13. Additional Purposes for which Contract Material may be used: (Clause 8.2) 14. The Consultant s liability is limited as follows: (Clause 9.1) $10 MILLION 15. (a) Amount of professional indemnity insurance shall not be less than: (Clause 10.1) (b) The period for which professional indemnity insurance shall be maintained is: (Clause 10.1) years after the date of completion of the Services (If nothing stated, until completion of the Services) 16. The amount of public liability insurance shall not be less than (Clause 10.2) 17. Claims for payment shall be made: (Clause 13.1) $10 MILLION * On the day of each month * On completion of the following stages of work * Delete as appropriate AS

38 * Lump Sum Fee: $ 18. (a) The Consultant s fee shall be determined as follows: (Clause 13.2) Where the fee is payable on a lump sum basis is not adjustable except as provided for in the Contract * Fee in Stages: The stage for the delivery of the Services and the *fee / *percentage of the fee applicable to each stage: Stage *Fee / *Percentage of fee * Time charge: Level of Task Rate per hour (b) The expenses and disbursements to be reimbursed to the Consultant shall be: (Clause 13.2) * As set out in Schedule 1 * As follows: * Delete as appropriate AS

39 19. The times and place for payment shall be: (Clause 13.3) No later than (a) 30. days after the date of submission of a claim for payment (If nothing stated, 28 days) (b) Place of Payment (If nothing stated, the Client s address) 20. The rate of interest on overdue payments is: (Clause 13.4) per cent per annum 21. The deemed frustration date if Services are not completed: (Clause 14.1) 22. Arbitration and Expert Determination: (Clause 15) (a) Person to nominate an arbitrator or Expert (Clause 15.3) Mr Mark Johnston, CEO, Central Goldfields Shire (if no-one stated, the Chairperson for the time being of the Chapter of the Institute of Arbitrators & Mediators Australia in the State or Territory in Item 4); (b) Rules for arbitration: (Clause 15.3) (If nothing stated, rules 5-18 of the Rules of The Institute of Arbitrators & Mediators Australia for the Conduct of Commercial Arbitrations); (c) Rules for expert determination: (Clause 15.4) (If nothing stated, the Guidelines for Expert Determination of the Australian Commercial Disputes Centre). AS

40 ANNEXURE to the Australian Standard General Conditions of Contract for Engagement of Consultants DELETIONS, AMENDMENTS AND ADDITIONS PART B 1. The following Clauses or parts of Clauses have been deleted from the General Conditions in AS : 2. The following Clauses have been amended and differ from the corresponding Clauses in AS : 3. The following Clauses have been added to those of AS : AS

41 1. GOODS AND SERVICES TAX 1.1 In this clause 1, GST means a Goods and Services Tax, Value Added Tax, Consumption Tax or tax of similar effect, whether authorised by A New Tax System (Goods and Services) Act 1999 or otherwise; Other Taxes means Wholesale Sales Tax, Excise Duty, Stamp Duty, Financial Institutions Duty, Debits Tax, Bed Taxes and such other taxes, charges, levies, imposts, deductions, duties, compulsory loans or withholdings as are abolished by the Commonwealth or Victorian Parliament upon and by reason of the introduction of the GST; and Tax Invoice has the meaning set out in section of A New Tax System (Goods and Services) Act From 1 July 2000 the Contractor shall comply with the requirements for a tax invoice as defined in the relevant legislation, including the Contractor s Australian Business Number and provide a separate identification of the invoice amount and the G.S.T. amount so that Central Goldfields Shire Council may claim an input credit. 2. INFORMATION PRIVACY 2.1. In this clause 2:- Information Privacy Principles means the information privacy principles under the Information Privacy Act 2000 (Vic.) (as amended). Personal Information means information or an opinion (including information or an opinion forming part of a database), that is recorded in any form and whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. 2.2 You agree in respect of Personal Information held in connection with this Agreement:- (a) (b) (c) (d) to be bound by the Information Privacy Principles with respect to any act done, or practice engaged in, by you, including, without limitation, to use Personal Information only for the purposes of fulfilling your obligations under this Agreement and not to disclose Personal Information without our written authority except for the purpose of fulfilling your obligations under this Agreement; to immediately notify us where you become aware of a breach of clause 2.2 (a) by your or any of your agents or employees; to indemnify us in respect of any liability, loss or expenses incurred arising out of or in connection with a breach of clause 2.2 (a) by your or any of your agents or employees; and that we may audit either directly or through our auditors your information practices and that you must provide all reasonable assistance to the party conducting such an audit. 2.3 This clause 2 shall continue to have effect after the termination or expiration of this Agreement. 41

42 12. FORM OF AGREEMENT 42

43 12. FORM OF AGREEMENT THIS DEED is made on BETWEEN Central Goldfields Shire Council of Nolan Street, Maryborough in the State of Victoria ("the Council") - and in the State of Victoria ("the Contractor") It is agreed that the General Conditions of Contract signed by the parties and all other documents referred to therein together comprise and evidence the Contract between the parties. Central Goldfields Shire Council: Executed by the parties on the date set out at the commencement of this Agreement: 1. In witness hereto THE COMMON SEAL of the CENTRAL GOLDFIELDS SHIRE COUNCIL was hereunto affixed in the presence of: For and on behalf of the Central Goldfields Shire Council:-... CHIEF EXECUTIVE OFFICER... DATED 43

44 2. Execution Clause for Contractor (strike out alternatives which are not applicable): 2.1 If the Contractor is a company it must execute this Contract under seal: THE COMMON SEAL of )... ) was hereunto affixed in accordance ) with its Articles of Association in the ) presence of:... Director... Secretary 2.2 If the Contractor is a body corporate other than a company, the appropriate sealing clause should be inserted: 2.3 If Contractor is an individual: SIGNED SEALED AND DELIVERED ) by... ) in the presence of: )... Witness 2.4 If Contractor is a partnership (add extra execution clauses as necessary): SIGNED SEALED AND DELIVERED ) by... ) in the presence of: )... Witness SIGNED SEALED AND DELIVERED ) by... ) in the presence of: )... Witness 44

45 13. SPECIFICATION 45

46 INVITATION TO TENDER FOR CIVIL AND TRAFFIC ENGINEERING CONSULTANCY SERVICES FOR THE PERIOD 1 JULY 2009 TO 30 JUNE 2012 AND CONDITIONS OF REGISTRATION BACKGROUND Central Goldfields Shire Council has in the past engaged a number of civil and traffic engineering consultants on an ad hoc basis to provide consultancy services to Council. The value of these engagements has varied from year to year, but over the next three years it has been estimated to be in the range of $50,000 to $100,000 per annum, involving a number of projects of varying size. SCOPE OF WORKS Council is now proposing to set up a Panel of Pre-Qualified Consultants (Panel) for three years. Subject to satisfactory operation of the Panel, the term of appointment may be extended for a further two years. Members of the Panel will be invited to submit competitive bids for consultancy services on a job by job basis. Small or urgent jobs may not always be put out to quote. It is envisaged that the Panel will be comprised of up to five companies, however more than this number may be appointed. Submissions for civil engineering services need to include nominated sub-consultants, e.g. for geotechnical investigation, pavement design, engineering surveying, complex hydrological design, bridge design, engineering drafting, etc. As part of this tender process Council is seeking standard hourly rates, including those for subconsultants. The hourly rates submitted will form part of the evaluation criteria. Once the Panel is established, bids for other than small or urgent jobs will be sought as required, evaluated and appointments made. The assignments will generally be subject to AS , General Conditions of Contract for Engagement of Consultants. CONDITIONS OF APPOINTMENT The conditions of appointment to the Panel are as follows: 1. The Council may add new members to the Panel at any stage by whatever method it deems appropriate. 2. Any member may withdraw from the Panel at any time, except during a quotation or tender process in which it has been invited to participate. 3. The Council is not bound to invite all members of the Panel to bid for a particular assignment. For example, it may become clear to the Council that certain consultants are more capable than others in particular fields. 4. The Council reserves the right to bypass the Panel and publicly advertise any particular assignment if deemed appropriate. Any member of the Panel can bid for a public tender or quotation. 5. The Council does not guarantee that any particular value of assignments will be offered for bidding during a financial year. SUBMISSION REQUIREMENTS Registrants must submit the following: Completed Schedules. Details of membership of professional associations, e.g. ACEA, NATA etc. Details of relevant pre-qualifications, e.g. VicRoads, Melbourne Water etc. Attendance at the Shire Office Maryborough for an interview may be required after the close of submissions. Further contact will be made to arrange a mutually convenient appointment if required. Tenderers may also be contacted during the Tender Evaluation period and be requested to provide additional information to allow further consideration of submissions. Failure to attend an interview or supply additional information by the requested time may result in rejection of the Tender.

47 Evaluation Criteria Tenders will be evaluated on the following criteria, but not limited to: Financial benefit to Council The ability to comply with Contract Requirements Experience, Qualifications and Local Knowledge Risk Management Capabilities Quality Assurance Status Business Capability of Tenderer Financial Capacity of Tenderer Council will apply weight to each of the criteria It is anticipated that the composition of the Panel will be finalised around mid July The successful registrants will be notified in writing as soon as possible after the decision to appoint the Panel.