request for tender · 1 leeton shire council request for tender v2.2 tender lsc2020-108 – weed...

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Leeton Shire Council

REQUEST FOR TENDER V2.2

TENDER LSC2020-108 – WEED ACTION PLAN

DEADLINE 4:00PM ON THURSDAY 18 JUNE 2020

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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

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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

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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.


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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 [email protected]


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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.


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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.


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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:


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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.


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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.


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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.


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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.


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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.


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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.


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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.


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(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.


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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


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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.


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(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.


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(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.


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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.


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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.


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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.


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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.


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(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.


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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


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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.


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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.


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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.


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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.


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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

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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 (Kilometres)

Target (Visits)

Target (Visits)


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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 (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


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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 (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)


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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)


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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 (Training courses for

weeds professionals)

Target (Skills Development)

Target (Attendees)

GOAL 4 TOTALS

GRAND TOTAL FOR LEETON SHIRE COUNCIL ACROSS ENTIRE SUB-

PROGRAM