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Forbes Shire CouncilMay 20182018

Request for Tender

Tender No: 2018 - 6Provision of Traffic Control Services

Forbes Shire Council[ABN: 86 023 614 567]

FORBES SHIRE COUNCILRequest for Tender – Provision of Traffic Control Services

Request for TenderProvision of Traffic Control Services

Council’s Tender No 2018 – 6

Deadline for the lodgement of Tenders

4pm, Friday 8 June 2018

Method of Addressing Tenders All tenders should be addressed as follows:

TENDER: PROVISION OF TRAFFIC CONTROL SERVICES

The General ManagerForbes Shire Council2 Court StFORBES NSW 2871

or

The General ManagerForbes Shire CouncilPO Box 333FORBES NSW 2871

Number of copies Tenderers are required to lodge 1 copy of their Tender.

Anticipated time for opening of Tenders

4pm, Friday 8 June 2018

Council’s Nominated Contact Person

Name Danial Speer

Manager Engineering Services

Telephone No (02) 6850 2874

E-mail address [email protected]

Any Tenderer who attempts to solicit support for their Tender or otherwise seek to influence the outcome of the tender process through activities defined in Part 1 - Clause 7.1 will be disqualified from any further involvement in this tender process

Forbes Shire Council | Provision of Traffic Control ServicesVersion 1 –May 2018 (Doc Id: 429930)

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Table of ContentsPart 1 - Section 1 - General information 51 Summary of contract requirements 52 Tender documents 52.1 Parts comprising this Request for Tender 53 Definitions & interpretation 53.1 Definitions 53.2 Interpretation 64 How to prepare your tender 65 Nominated Contact 65.1 Details 65.2 Enquiries 6Part 1 - Section 2 - Conditions of Tender 76 Compliance 76.1 Failure to comply 76.2 NSW Code of Practice for Procurement 76.3 Compliance with other policies and codes 76.4 Consequences of failure to comply with the Code and the Policies 77 Standard of behaviour 77.1 Canvassing of officials 77.2 Non collusion 87.3 General statement of ethics 87.4 Public Interest Disclosure Act 1994 (NSW) 88 Reliance on information 98.1 Information in this Request for Tender 98.2 Council not liable 98.3 No representation or warranty 99 No offer 1010 Company Status 1011 Tenderer to inform itself 1011.1 Obligation to review Tender documentation 1012 Clarification 1013 Variation of this Request for Tender or alteration of a Tender 1113.1 Request for Tender 1113.2 Alteration of a Tender which has been submitted 1114 Content of Tender 1114.1 Information set out in Part 3 1114.2 Other information 1114.3 Registration or licensing of contractors 1115 Tender price 1115.1 Price basis 1115.2 Tendered price must cover all costs 1216 Method of execution of Offer Form 1216.1 Form of execution – Corporations with seal 1216.2 Form of execution – Corporations without seal 1216.3 Form of execution – Individual 1216.4 Form of Execution – Partnership 1216.5 Requirements for execution 1217 Non-Conforming Tenders 1217.1 Requirements 1217.2 Council not obliged to consider 1318 Confidentiality 1318.1 Information in this Request for Tender 1318.2 Information supplied by a Tenderer 1319 Financial assessment 1320 Privacy notification 1320.1 Acknowledgement by a Tenderer 1320.2 Tenderer’s rights concerning personal information 14


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20.3 Tenderer’s warranty 1421 Referees 1422 Ownership of Tenders 1422.1 Council to own 1422.2 Intellectual property 1423 Costs of Tender 1423.1 Council not liable 1423.2 Subsequent negotiations 1524 Lodgement requirements 1524.1 Method of lodgement 1524.2 Timing 1524.3 Delivery by hand 1524.4 Delivery through the e-tender portal 1524.5 Content of Tenders 1525 Consequences of incorrect lodgement 1526 Offer to Council 1526.1 Offer 1526.2 Restrictions on withdrawal 1627 Tender Opening 1627.1 Timing 1627.2 Rights of Tenderers 1627.3 Council will display list 1628 Selection Criteria 1628.1 Basis of selection of Successful Tender 1628.2 Assessment by Council 1628.3 Lowest Tender 1628.4 Compliance Criteria 1629 Acceptance of Tenders 1729.1 Contract may be for the whole or any part of the Requirements 1729.2 Announcement of outcome of tender process 1729.3 Effect of Notification 1729.4 Execution of the Contract 1730 Unsuccessful Tenderers 1830.1 Notification to unsuccessful Tenderers 1830.2 Rights of unsuccessful Tenderers 1831 Publicity 18Part 2 - Section 1 - Specifications 19Part 2 - Section 2 - The Contract 22Part 3 – Section 1 – Returnable Schedules 48


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Part 1 Read and keep this Part

Part 1 - Section 1 - General Information1 Summary of contract requirements

Council is seeking tenders from suitably qualified and experienced parties for the provision of traffic control services within the Forbes Local Government Area (LGA). (Requirements).

A full description of the nature and extent of the Requirements of Council are set out in the Specifications (Part 2) of this Request for Tender.

2 Tender documents2.1 Parts comprising this Request for Tender

This Request for Tender is comprised of the following parts:

Part 1 – includes the Conditions of Tendering (read and keep this Part).

Part 2 – includes the Specifications and the Conditions of Contract (read and keep this Part).

Part 3 – includes the Returnable Schedules which include the forms, details and information you are required to lodge with your Tender (complete and return this Part as part of your Tender).

3 Definitions & interpretation3.1 Definitions

Unless the context requires otherwise the following terms used in this Request for Tender have the meanings ascribed to them as set out below:

Conditions means the conditions of tender set out in Section 2 of Part 1.

Conforming Tender means a Tender that complies with the Conditions.

Contract means the contract that will be formed between Council and the Successful Tenderer in accordance with the Conditions.

Deadline means the deadline for lodgement of Tenders as set out on the Cover Page of this Request for Tender.

Nominated Contact

means Council’s nominated contact person with respect to this Request for Tender, the details of which are set out on the Cover Page of this Request for Tender.

Non-Conforming Tender

means a Tender which:

(1). does not comply with one (1) or more of the requirements specified in the Conditions; or

(2). contains any qualifications, condition or other indication that the Tenderer is not willing to perform the Contract in strict accordance with the terms of the Contract.

Offer Form the Offer Form set out in Section 3 of Part 2.

Requirements the goods required to be provided under the Contract and as set out in this Request for Tender.

Selection Criteria the criteria used by Council in evaluating Tenders

Specification means the statement of Requirements set out in Section 1 of Part 2.


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Successful Tenderer means the Tenderer whose Tender is accepted by Council.

Tender means a tender lodged in response to this Request for Tender.

Tenderer means someone who has or intends to lodge a Tender with Council.

3.2 InterpretationIn this Request for Tender:

(1). unless the context otherwise requires, the singular includes the plural and vice versa and words importing persons include partnerships and corporations and vice versa; and

(2). a reference to an Act includes all regulations, proclamations, instruments, policies and codes made under that Act.

4 How to prepare your tenderYou must prepare your Tender in accordance with the Conditions. In this regard you should:

(1). carefully read all parts of this Request for Tender;

(2). ensure you understand the Requirements;

(3). complete and return the Offer Form in all respects and include all Attachments;

(4). make sure you have signed the Offer Form and responded to all of the Selection Criteria; and

(5). lodge your Tender before the Deadline.

5 Nominated Contact5.1 Details

The details of the Nominated Contact are set out on the Cover Page of this Request for Tender.

5.2 EnquiriesAll enquiries in relation to this Request for Tender or the Requirements must be directed to the Nominated Contact and no other person.


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Part 1 - Section 2 - Conditions of Tender6 Compliance6.1 Failure to comply

Council may refuse to consider any Tender which does not comply with these Conditions.

6.2 NSW Code of Practice for ProcurementAll Tenderers must comply with the NSW Government Code of Practice for Procurement (Code) that is current at the date two (2) weeks prior to the Deadline.

The ability of a Tenderer to demonstrate compliance with the Code is an essential condition of these Conditions.

6.3 Compliance with other policies and codesAll Tenderers must comply with the following policies and codes with respect to the tender process:

(1). Council’s Statement of Business Ethics;

(2). Council’s Conditions of Tendering Policy;

(3). Council’s Code of Conduct Model Policy; and

(4). Council’s Procurement Policy.

(Policies & Codes available at http://www.forbes.nsw.gov.au/council/policies.aspx).

6.4 Consequences of failure to comply with the Code and the PoliciesLodgement of a Tender is an acknowledgement and representation by the Tenderer that:

(1). it is aware of the requirements of the Code and the Policies;

(2). it will comply with the Code and the Policies; and

(3). it will agree to provide periodic evidence of compliance with the Code and the Policies and access to all relevant information to demonstrate compliance for the duration of the Contract that may be awarded.

If a Tenderer has failed to comply with the Code and/or the Policies, this failure will be taken into account by Council when considering its Tender or any subsequent tender and may result in this or any subsequent tender being passed over without prejudice to any other rights of action or remedies available to Council.

7 Standard of behaviour7.1 Canvassing of officials

Any Tenderer who, to solicit support for their Tender or otherwise seek to influence the outcome of the tender process:

(1). offers any inducement, fee or reward to any member, officer or Councillor of Council or any person acting as an advisor for Council;

(2). canvasses or attempts to intimidate any of the persons referred to in paragraph (1); or

(3). contacts any member or officer of Council about this Request for Tender or the tender process, except as authorised by this Request for Tender including (but without limitation) for the purposes of discussing the possible transfer to the employment to the Tenderer of such member or officer,

will be disqualified from any further involvement in this tender process (without prejudice to any other civil remedies available to Council and without prejudice to any criminal liability which such conduct by a Tenderer may attract).


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7.2 Non collusionAny Tenderer who:

(1). fixes or adjusts the amount of its Tender by or in accordance with any agreement or arrangement with any other Tenderer;

(2). enters into any agreement or arrangement with any other Tenderer that it will refrain from Tendering or as to the amount of any Tender to be submitted;

(3). causes or induces any person to enter an agreement mentioned in either paragraph (1) or (2) above or to inform the Tenderer of the amount or approximate amount of any rival Tender;

(4). canvasses any of the persons referred to in clause 7.1 in connection with the Tender or the outcome of the tender process;

(5). offers or agrees to pay or give or does pay or give any sum of money, inducement or valuable consideration directly or indirectly to any person for doing or having done or causing or having caused to be done in relation to any other Tender or proposed Tender any act or omission; or

(6). communicates to any person other than in its Tender the amount or approximate amount of its proposed Tender (except where such disclosure made in confidence in order to obtain quotations necessary for the preparation of the Tender, for insurance or contract guarantee bonds and/or performance bonds or professional advice required for the preparation of a Tender),

will be disqualified from any further involvement in this tender process (without prejudice to any other civil remedies available to Council and without prejudice to any criminal liability which such conduct by a Tenderer may attract).

7.3 General statement of ethicsTenderers acknowledge that it is an expectation of Council that:

(1). its relationship with the Successful Tenderer will be based, amongst other things, on ethical standards which are capable of withstanding any form of scrutiny; and

(2). any person wishing to do business with Council would share and promote similar standards.

If there is evidence that these standards, particularly with respect to ethical matters, have been compromised, then Council will take all appropriate action to sever any then existing relationships with the person concerned.

7.4 Public Interest Disclosure Act 1994 (NSW)Under the provisions of the Public Interest Disclosure Act 1994 (PID Act), Tenderers have a statutory responsibility to report suspected wrongdoing in the four categories covered by the PID Act ie, corruption, maladministration, serious and substantial waste of public money and government information contravention.

(1). Corrupt conduct is the dishonest or partial exercise of official functions by a public official. For example, this could include:

(a). the improper use of knowledge, power or position for personal gain or the advantage of others.

(b). acting dishonestly or unfairly, or breaching public trust.

(c). a member of the public influencing a public official to use their position in a way that is dishonest, biased or breaches public trust.

(2). Maladministration is conduct that involves action or inaction of a serious nature that is contrary to law, unreasonable, unjust, oppressive or improperly discriminatory or based wholly or partly on improper motives. For example, this could include:

(a). making a decision and/or taking action that is unlawful.

(b). refusing to grant someone a licence for reasons that are not related to the merits of their application.


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(3). Serious and substantial waste in Local Government is the uneconomical, inefficient or ineffective use of resources that could result in the loss or wastage of local government money, this includes all revenue, loans and other money collected, received or held by, for or on account of Council. For example, this could include:

(a) poor project management practices leading to projects running over time.

(b). having poor or no processes in place for a system involving large amounts of public funds.

(4). A Government information contravention is a failure to properly fulfil functions under the Government Information (Public Access) Act 2009 (GIPA Act). For example, this could include:

(a). destroying, concealing or altering records to prevent them being released.

(b). knowingly making decisions that are contrary to the legislation.

(c). directing another person to make a decision that is contrary to the legislation.

Although reports about the previous four categories of conduct can attract the specific protections of the PID Act, Tenderers should report all activities or incidents that they believe are wrong. For example, these could include:

(1). harassment or unlawful discrimination.

(2). reprisal action against a person who has reported wrongdoing.

(3). practices that endanger the health or safety of staff or the public.

A Tenderer who makes a report will be kept informed of the progress and outcome of such report.

For a report to be considered a protected disclosure, it has to meet all the requirements under the PID Act. These requirements are:

(1). the person making the disclosure must honestly believe on reasonable grounds that the information shows or tends to show wrongdoing.

(2). the report has to be made to Council’s Disclosure Officers:

For more information see the NSW Ombudsman’s guideline on what can be reported at www.ombo.nsw.gov.au

8 Reliance on information8.1 Information in this Request for Tender

(1). The information contained in this Request for Tender or provided in the course of the tender process is provided by Council in good faith. Such information is intended only as an explanation of the Requirements and is not intended to form the basis of a Tenderer’s decision on whether to:

(a). submit a Tender; and/or

(b). enter into any contractual relationship with Council.

(2). The information provided in this Request for Tender does not purport to be all-inclusive or to contain all information that a Tenderer may require to complete their Tender or satisfy the Requirements.

8.2 Council not liableCouncil will not be liable for any loss or damage arising as a result of reliance on the information it provides in this Request for Tender or otherwise during the tender process.

8.3 No representation or warrantyCouncil makes no representation or warranty as to the adequacy, accuracy, reasonableness or completeness of the information contained in this Request for Tender, or provided by Council during the tender process.


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9 No offerNothing in this Request for Tender:

(1). is an offer by Council to enter into an agreement with any Tenderer; or

(2). requires Council to accept any Tender.

10 Company StatusIt is mandatory that a Tenderer:

(1). is a legal entity; and

(2). has a registered Australian Business Number (ABN) and is registered for GST purposes with the Australian Taxation Office.

11 Tenderer to inform itself11.1 Obligation to review Tender documentation

Prior to submitting a Tender, Tenderers are required to familiarise themselves with:

(1). the terms of this Request for Tender (including any attachment to it such as the Contract); and

(2). any other documentation or information to which they will need to have regard when satisfying the Requirements if its Tender is successful, including obtaining any professional advice they deem necessary when making that assessment.

By lodging a Tender, Tenderers will be deemed to have:

(1). examined this Request for Tender and any other information provided to the Tenderer during the tender process;

(2). examined all information relevant to the risks, contingencies, and other circumstances having an effect on their Tender;

(3). satisfied themselves as to the correctness and sufficiency of their Tenders; and

(4). satisfied themselves they have a complete copy of this Request for Tender.

12 ClarificationIf a Tenderer has any doubt as to the meaning of any portion of this Request for Tender, then the Tenderer may:

(1). seek clarification from the Nominated Contact in writing; or

(2). when submitting its Tender include a statement of the interpretation of this Request for Tender upon which it relies and upon which the Tender has been prepared.

Tenderers may direct any requests for clarification under this clause to the Nominated Contact via the online forum at Council’s e-tender portal at www.tenderlink.com/forbes.

Council reserves the right to not answer requests for clarification made within seven (7) days of the Deadline.

If a Tenderer seeks clarification of this Request for Tender and Council provides a clarification to a Tenderer, then Council may provide notice of the clarification to all other prospective Tenderers at its discretion.

All clarifications provided by Council will be provided:

(1). by the Nominated Contact; and

(2). in writing.


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13 Variation of this Request for Tender or alteration of a Tender13.1 Request for Tender

Council may amend or supplement this Request for Tender at any time before the Deadline by issuing Addenda to all Tenderers who have registered their interest in the tender process with Council at that time.

Upon the issue of any Addenda, this Request for Tender will be varied in accordance with that Addenda and a reference to this Request for Tender is a reference to this Request for Tender as varied.

13.2 Alteration of a Tender which has been submitted(1). Tenders may be varied by Tenderers:

(a). for the purpose of:

(i). providing Council with further information by way of clarification or explanation; or

(ii). correcting a mistake or anomaly.

(b). either:

(i). at the request of Council, or

(ii). with the consent of Council, at the request of the Tenderer, but only if in the circumstances it appears to Council reasonable to allow the Tenderer to provide the information or correct the mistake or anomaly.

(2). If a Tender is varied, Council will provide all other Tenderers with the opportunity to vary their Tenders in a similar way.

(3). Council will not consider a variation sought to be made under this clause 13 if the variation would substantially alter the original Tender.

14 Content of Tender14.1 Information set out in Part 3

The Tenderer must complete and submit all of the documents contained in Part 3 as part of its Tender, including but not limited to the following documents:

(1). The Offer Form.

(2). The Tenderer’s Checklist.

(3). The Contractor's Work Safety and Health Management System Questionnaire.

14.2 Other informationThe Tenderer must also include in its Tender any other documentation it wishes Council to consider in the evaluation of the Tender.

14.3 Registration or licensing of contractorsWhere a law requires that the Tenderer, or any person engaged by the Tenderer to satisfy some or all of the Requirements, be registered or licensed to carry out any part of the Requirements, the Tenderer must include in its Tender, the applicable registration or licence number of the Tenderer or the relevant contractor.

15 Tender price15.1 Price basis

The Tendered price must be in the form of a schedule of rates.


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15.2 Tendered price must cover all costsThe prices/rates included in a Tender must be the whole price including GST (unless noted as exclusive of GST in Part 3 – Price Information) that Council will be required to pay pursuant to the Contract and must include all costs associated with the Contract including:

(1). the cost of any consultants the Successful Tenderer will need to engage to satisfy the Requirements;

(2). the cost of any transport, labour or materials the Successful Tenderer will need to obtain to satisfy the Requirements; and

(3). all applicable taxes and levies (such as long service leave).

16 Method of execution of Offer Form16.1 Form of execution – Corporations with seal

If the Tenderer is a corporation and is required to execute documents under seal, the corporation must execute the Offer Form under seal in accordance with section 127(2) of the Corporations Act 2001 (Cth) by:

(1). affixing the Common Seal of the corporation; and

(2). if the corporation has only one (1) officer, ensuring that officer signs the Offer Form; or

(3). if the corporation has two (2) or more officers, ensuring that at least two (2) officers of the corporation duly authorised by the corporation to do so, sign the Offer Form.

16.2 Form of execution – Corporations without sealIf the Tenderer is a corporation and is not required to execute documents under seal, the corporation must execute the Offer Form under seal in accordance with section 127(2) of the Corporations Act 2001 (Cth) by:

(1). if the corporation has only one (1) officer, ensuring that officer signs the Offer Form; or

(2). if the corporation has two (2) or more officers, ensuring that at least two (2) officers of the corporation duly authorised by the corporation to do so, sign the Offer Form.

16.3 Form of execution – IndividualIf the Tenderer is an individual, the Tenderer must sign the Offer Form in the presence of a witness who is over the age of eighteen (18) and who must also sign the Offer Form.

16.4 Form of Execution – PartnershipIf the Tenderer is a partnership, a partner of the partnership who is authorised to bind the partnership in accordance with s5 of the Partnership Act 1892 (NSW) must sign the Offer Form in the presence of a witness who is over the age of eighteen (18) and who must also sign the Offer Form.

16.5 Requirements for executionAny person who signs the Offer Form must write:

(1). their full name; and

(2). the capacity in which they are executing the Offer Form,

in the appropriate space on the Offer Form.

17 Non-Conforming Tenders17.1 Requirements

If a Tenderer wishes to submit a Non-Conforming Tender it must:

(1). submit a Conforming Tender;

(2). submit an unmarked copy of the Non-Conforming Tender; and

(3). submit a copy of the Non-Conforming Tender in marked up form which identifies all departures from the Conforming Tender.


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17.2 Council not obliged to considerCouncil may, at its absolute discretion, consider a Non-Conforming Tender however is not obliged to do so.

18 Confidentiality18.1 Information in this Request for Tender

Information provided in this Request for Tender or imparted to any Tenderer as part of the tender process is confidential to Council and must not be used by the Tenderer for a purpose other than to allow the Tenderer to prepare and lodge a Tender.

18.2 Information supplied by a TendererInformation supplied to Council by a Tenderer will not be treated as commercially confidential unless specifically requested by the Tenderer.

By submitting a Tender, each Tenderer acknowledges that:

(1). Council is under statutory obligations concerning the management and public release of information held by it; and

(2). the Tenderer will not object to the release of any information contained in a Tender in accordance with those statutory requirements, or claim damages from Council arising from the release of such information.

19 Financial assessmentBy submitting a Tender, a Tenderer agrees and consents to Council to engage private sector consultants to undertake financial investigations to ensure that the Tenderer will be financially capable of satisfying the Requirements. Financial details of Tenderers may be obtained by an external Financial Assessor, including any personal information it contains for assessment.

It is noted that Council may undertake an independent financial audit of the Tenderer during the Tender assessment period and the Tenderer’s financial institution should be notified and prepared.

20 Privacy notification20.1 Acknowledgement by a Tenderer

By submitting a Tender, the relevant Tenderer acknowledges that:

(1). it will be providing Council with "personal information" about individuals connected with the Tenderer within the meaning of the Privacy and Personal Information Protection Act 1998 (NSW);

(2). the purpose of Council collecting the personal information is to assist Council to identify, assess and evaluate the relevant Tender and to notify the Tenderer of any matters required under Part 7 of the Local Government (General) Regulation 2005;

(3). the intended recipient of the information is Forbes Shire Council. Council may disclose the information to its external advisers and to other suppliers engaged by Council to assist it in the project or services to which this Request for Tender relates;

(4). the supply of personal information is voluntary, but if the information is not provided the Tender may be a Non-Conforming Tender and Council may not be able to consider it;

(5). upon the opening of Tenders, Council is required to display a list of the names of the Tenderers in alphabetical order;

(6). if the personal information required to be provided as part of a Tender in accordance with this Request for Tender is not provided, Council may be unable to identify, consider or evaluate the Tender;

(7). some of the personal information provided by the Successful Tenderer, such as their name and the successful tender price, may be disclosed to unsuccessful Tenderers, and/or to the public generally;


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(8). personal information contained in a Tender may also be included in business papers for Council meetings and unless the relevant part of the meeting is closed to the public, Council is required to make business papers available for inspection by the public; and

(9). Council may make any personal information contained in a Tender available for public inspection in accordance with the Local Government Act 1993 (NSW) or the Government Information (Public Access) Act 2009 (NSW).

20.2 Tenderer’s rights concerning personal informationTenderer’s may:

(1). apply for access to and/or correction of the personal information collected by Council under section 14 of the Privacy and Personal Information Protection Act 1998 (NSW); and/or

(2). make a request that Council suppress personal information from being made publicly available.

Council will consider any such application in accordance with its statutory obligations.

20.3 Tenderer’s warrantyTenderers warrant to Council that:

(1). for the purposes of section 9 of the Privacy and Personal Information Protection Act 1998 (NSW), each individual whose personal information is submitted with the Tenderer’s Tender (including all referees) has authorised Council to collect and the Tenderer to supply Council with that individual’s personal information. If required by Council, the Tenderer must provide Council with signed written authorisations to that effect from the relevant individuals; and

(2). the Tenderer has given a copy of this clause to each individual whose personal information is included in its Tender.

21 RefereesThe Tenderer:

(1). consents to Council contacting referees specified in its Tender; and

(2). agrees that all information supplied by a referee is confidential information of Council.

22 Ownership of Tenders22.1 Council to own

All documents, materials, articles and information submitted by a Tenderer as part of or in support of their Tender:

(1). becomes the absolute property of Council upon receipt of that material by Council; and

(2). will not be returned to the Tenderer at the conclusion of the tender process.

22.2 Intellectual propertyNotwithstanding clause 22.1, the Tenderer retains copyright and any other intellectual property rights contained in the material or information lodged with the Tender, unless otherwise provided by the Contract.

23 Costs of Tender23.1 Council not liable

Council will not be liable for any costs incurred by a Tenderer in connection with their Tender whether before or after the Deadline, whether incurred directly by them or their advisors and regardless of whether such costs arise as a direct or indirect consequence of any amendments made to this Request for Tender by Council at any time.


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23.2 Subsequent negotiationsFor the avoidance of doubt, Council will have no liability whatsoever to any Tenderer for the costs incurred by that Tenderer in the course of any negotiations conducted after the Deadline if Council decides not to accept any Tenders.

24 Lodgement requirements24.1 Method of lodgement

Tenderers may lodge a Tender by registered post, hand delivery or through Council’s e-tender portal.

24.2 TimingAll Tenders must be lodged with Council prior to the Deadline.

24.3 Delivery by handTenders delivered by hand must be:

(1). placed in the Tender Box located at Council’s Administration Building located at 2 Court Street, Forbes NSW 2871;

(2). submitted in a plain sealed envelope marked in the manner set out as “Method of Addressing Tenders” on the Cover Page of this Request for Tender, but with no markings that would indicate the identity of the Tenderer; and

(3). received by Council prior to the Deadline.

24.4 Delivery through the e-tender portalThe web address for Council’s e-tender portal is www.tenderlink.com/forbes.

Tenders lodged through the e-tender portal must be lodged in accordance with the instructions provided on the e-tender portal website and must be lodged prior to the Deadline.

24.5 Content of Tenders(1). Tenderers must ensure that:

(a). they lodge the number of copies of their Tender specified on the Cover Page of this Request for Tender, all of which must be executed by the Tenderer, one (1) of which must be marked “Original” and the remainder of which must be marked “Copy”;

(b). each page of their Tender is numbered consecutively;

(c). any brochures or pamphlets that they wish to include in their Tender are included as part of their Tender and not submitted separately to Council; and

(d). their Tender includes an index.

(2). All Tenders lodged by a Tenderer must:

(a). contain the information set out in clause 14;

(b). be written in English; and

(c). be bound.

25 Consequences of incorrect lodgementAny Tender delivered in a manner other than that set out in clause 24 will not be considered by Council.

26 Offer to Council26.1 Offer

Once lodged with Council, a Tender represents an irrevocable offer by the Tenderer to Council to enter into the Contract which will remain open for acceptance for 120 days after the Deadline.


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26.2 Restrictions on withdrawalTenderers may only withdraw their Tender after the expiration of this 120 day period by written notice to Council.

27 Tender Opening27.1 Timing

Tenders will be opened by Council at Council’s Administration Building located at 2 Court Street, Forbes at the time for the opening of Tenders stated on the Cover Page of this Request for Tender, unless a different time is notified to Tenderers in writing.

27.2 Rights of TenderersAll Tenderers (or their representatives), as well as members of the public, may attend the opening of Tenders by Council. Any person attending the opening of Tenders is entitled, on request, to be informed as to whether Council has received a particular Tender and the number of Tenders received.

27.3 Council will display listFollowing the opening of Tenders, Council will publicly display a list, in alphabetical order, on the public notice board located at Council’s Customer Service Area, of all Tenders received by it.

28 Selection Criteria28.1 Basis of selection of Successful Tender

Subject to Council’s right to decline to accept any of the Tenders, Council will accept the Tender which, having regard to all the circumstances appears to be the most advantageous.

28.2 Assessment by CouncilIn evaluating Tenders, Council may take into consideration factors including, but not limited to: whole of life costs, ability to meet requirements of the Code and Policies, innovation, delivery time, quality offered, previous performance; experience; capability; work health and safety performance; workplace relations performance; environmental management performance; community relations; value adding, including economics, social and environmental initiative; and conformity with the Conditions.

28.3 Lowest TenderCouncil is not obliged to accept any Tender, even if that Tender has the lowest price.

28.4 Compliance CriteriaCompliance with the Conditions will not be weighted and/or point scored and instead each Tender will be assessed on a Yes/No basis as to whether the Conditions have been met.

An assessment of “No” may eliminate the Tender from consideration.

28.5 Qualitative CriteriaIt is essential that Tenderers address each Qualitative Criterion.

Failure to provide the information required in any Qualitative Criterion may eliminate the Tender from consideration.

28.6 SustainabilityConsistent with the Local Government Act 1993 (NSW), Council requires that all purchasing decisions incorporate principles of sustainability in its decision-making process. The purpose of considering sustainability factors in decision-making is to prefer products or services that have minimal impact on the environment and the community.

The following sustainability principles will therefore be considered by Council when assessing Tenders:

(1). Minimising waste – only purchase when a product or service is necessary;


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(2). Minimise unnecessary purchasing – purchase in accordance with the waste hierarchy of ‘avoid, reuse, recycle’.

(3). Recycled content – purchase products that contain recycled content and/or that can be recycled.

(4). Non-toxic – avoid purchasing chemicals that may harm human health or the ecosystems.

(5). Energy and water efficiency – purchase products that improve resource efficiency.

(6). Biodiversity protection – consider biosecurity and habitat conservation implications of purchases.

(7). Greenhouse – purchase products with a lower carbon-footprint and that reduce reliance on fossil fuels, such as through reduced transportation.

(8). Durability – purchase products with a longer lifespan.

(9). Minimise soil degradation – purchase products that do not degrade or pollute the soil, or result in erosion in their use.

Tenderers must complete and submit as part of their Tender the Supplier Sustainability Assessment Questionnaire set out in Section 1 (9) of Part 3.

29 Acceptance of Tenders29.1 Contract may be for the whole or any part of the Requirements

Unless otherwise stated in this Request for Tender, Tenders may be for all or part of the Requirements and may be accepted by Council either wholly or in part.

29.2 Announcement of outcome of tender process(1). Council will accept a Tender by a Notice of Acceptance being:

(a). handed to the Tenderer;

(b). sent by post to, or left at, the address of the Tenderer included in the Tender;

(c). sent by facsimile to the facsimile number of the Tenderer included in the Tender; or

(d). sent by e-mail or some other similar electronic means to the address of the Tenderer included in the Tender.

(2). No legal or other obligations will arise between a Tenderer and Council in relation to the conduct or outcome of the tender process unless and until Council has accepted the relevant Tender in accordance with paragraph 1.

29.3 Effect of NotificationUpon receipt by the Tenderer of notification under clause 29.2(1) the Contract becomes binding on Council and the Successful Tenderer.

29.4 Execution of the ContractIf required by Council, the Successful Tenderer must execute a copy of the Contract within fourteen (14) days of being requested to do so by Council. If the Successful Tenderer fails to comply with any such request from Council, then Council may rescind the Contract by notice in writing to the Successful Tenderer.

If Council rescinds the Contract in accordance with the above, the Successful Tenderer must pay any costs incurred, or damages suffered, by Council in connection with:

(1). this Request for Tender and the tender process undertaken in accordance with it;

(2). the preparation of the Contract; and

(3). any other actions taken by Council in reliance on the formation of the Contract.

The failure of the Successful Tenderer to execute a copy of the Contract in accordance with this clause does not void or otherwise affect the obligations of the Successful Tenderer pursuant to the Contract.


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30 Unsuccessful Tenderers30.1 Notification to unsuccessful Tenderers

Council will notify all unsuccessful Tenderers that their Tender was not successful, or that no Tender was accepted as soon as practicable after Council:

(1). accepts the Tender of the Successful Tenderer; or

(2). resolves to not accept any Tender.

30.2 Rights of unsuccessful TenderersUnsuccessful Tenderers are not entitled to:

(1). request reasons for the choice of the Successful Tenderers; or

(2). otherwise seek to challenge or question the validity of the determination made by Council.

31 PublicityTenderers must obtain the written approval of Council before any disclosures relating to the Tender or the Contract are made by the Tenderer to the press or in any other public domain.

Tenderers must not undertake any publicity activities with any part of the media in relation to the Tender or the Contract without the prior written consent of Council, including consent on the form and content of any such publicity.


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Part 2 - Section 1 - Specifications


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Part 2 - Section 1 - Specification1 Introduction

Council is seeking tenders from suitably qualified and experienced parties for the provision of traffic control services within the Forbes Local Government Area (LGA). Council will appoint a primary and secondary Contractor (if applicable) under this Contract.

2 Scope of workThis Contract requires traffic control services to assist Council in the delivery of a wide range of construction and maintenance activities.

The Contractor shall be responsible for providing all staff and equipment to undertake the traffic control activities in accordance with relevant Council and Roads and Maritime Services (RMS) specifications, policies and procedures.

The Contractor will also be required to respond to after hours and emergency call outs.

Tenderers must be able to demonstrate that they have the necessary skills, resources, experience, accreditations etc to fulfil the tender Requirements.

3 Specific requirements of the Contract

3.1 Location of Works

All works will be undertaken within the Forbes Local Government Area (LGA), in both urban and rural locations.

3.2 Scheduling of WorksWorks will be scheduled to be undertaken between Monday and Friday, 7.00am to 5.00pm, and Saturday, 7.00am to 12.00pm. Outside of these times, work will be considered unplanned or emergency works and a separate after hours rate will apply.

Council will require that the successful tenderer be available within a reasonable time frame. Failure to comply may result in Council engaging another Contractor.

3.3 Quality RequirementsContractors must be certified under the requirements of the RMS G10 Traffic Management Specification. All equipment used for traffic control activates shall comply with the requirements set out in the RMS Traffic Control at Work Sites Manual v. 4.0.

3.4 Public Safety and ConvenienceThe Contractor shall carry out the work with the least possible obstruction to traffic, where applicable. The convenience of the public and of residents adjacent to works and the protection of persons and property shall be provided for by the Contractor in an adequate and satisfactory manner.

Wherever the works involve the need for clearance of parked vehicles within the worksite or adjacent to the worksite in public streets, the contractor shall arrange for their prior removal by the owners.

3.5 Environmental Responsibilities

All work shall be carried out in such a manner as to avoid nuisance and/or damage to the environment. The Contractor shall comply with the requirements of any Environmental Impact Statement and Assessment Report or Review of Environmental Factors for any specific project, the conditions of approval imposed by the EPA, the Protection of the Environment Operations Act, the Rural Fire Act and any other Local Council requirements and environmental legislation relevant to the project. No variation in costs or extensions of time will be considered due to these requirements.


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3.6 Plant and EquipmentSpecific plant and equipment that will be required under this contract includes:

- Personal Protective Equipment (PPE) for all staff undertaking traffic control work;

- Signage; up to date and in good condition;

- Adequate communication devices supplied to all traffic controllers; and

- Vehicles equipped to operate on a construction site (i.e. flashing lights etc.)

The plant and equipment to be used must be in good condition, fit for purpose, and suitable for use on a construction site within a public road reserve.

The successful tenderer will be responsible for transportation of traffic control devices, plant and equipment between job sites. The successful tenderer will also be responsible for all maintenance and repairs of their plant and equipment.

3.7 Operator RequirementsThe successful tenderer will need to provide personnel who are appropriately licensed and trained to undertake the activities specified within this Contract. Licenses, qualifications and competencies are to be provided in Part 3 – 8.2 Tenderer’s Human Resource Schedule.

3.8 Work Health & Safety

As a minimum requirement, the Contractor must maintain and demonstrate compliance with all the duties of an employer and occupier as specified in the Work Health and Safety (WHS) Act 2011 and its associated regulations.

The tenderer must submit a safety management plan for the work activities associated with the delivery of services as described within this tender.

In addition, the Contractor will comply with Council’s Work Health and Safety Policies and/or the policies of occupiers of any premises at or within which the successful tenderer will perform works under this contract.

All of the Contractor’s personnel who will be involved in the delivery of the services must participate in Council’s centralised WHS induction prior to commencement. The WHS induction is a standardised regional CENTROC induction and if personnel have previously completed the induction they will only need to provide evidence of such.

4 Pricing4.1 Rise and Fall (CPI) Adjustment

Tendered prices are subject to a rise and fall (CPI) adjustment on a yearly basis, with the first adjustment being applied annually after the commencement of this contract.

It would be expected that tendered prices would be adjusted to commensurate with the Australian Bureau of Statistics CPI for the preceding four (4) quarterly periods.

Any rise and fall adjustment is the responsibility of the Contract and must be submitted to Council in writing prior to any works being completed. Price adjustments take affect from the date of the written notification from the Contractor.

5 Term of ContractThe Contract will commence on 1 July 2018 and will be for a period of two (2) years from this date.

An optional one (1) year extension may be awarded at Council’s discretion.


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To exercise the Option the Contractor must serve written notice on Council within sixty (60) days of the expiry date.

If the Contractor exercises the Option the contract will continue under the relevant terms of the Contract.


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Part 2 - Section 2 - The Contract


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FORBES SHIRE COUNCILContract – Provision of Traffic Control Services

Contract for the Provision of Traffic Control Services

Forbes Shire Council (ABN 86 023 614 567) (Council)

(ABN: (Contractor)


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TABLE OF CONTENTS

Part 2 - Section 2 - The Contract 22Contract For The Provision Of Sprayed Sealing Services 27Background 27Operative Provisions 271 Definitions & Interpretation 271.1 Defined Terms 271.2 Interpretation 272 Supply 272.1 Supply 272.2 Cancellation 272.3 Delivery 272.4 Cost Of Return Of Goods 282.5 Obligation To Purchase The Goods 283 Price 283.2 Price Review 284 Requirements 294.1 Contractor’s Warranty 294.2 Brand Or Standard 295 Acceptance Of Goods 295.1 Acceptance 295.2 Rejected Goods 295.3 Risk 305.4 Notice 305.5 Investigation 305.6 Defective Goods 305.7 Replace The Defective Or Faulty Goods; Or 305.8 Reimburse Council Any Amount In Excess Of The Price Which Is Paid Or Payable By Council To

Purchase Goods From A Third Party Supplier; And 306 Contractor’s Insurance 307 Indemnity 318 Prohibition On Assignment 318.1 Restriction On Assignment 318.2 Consent To Assignment 319 Confidentiality 319.1 Non-Disclosure 319.2 Use Of Confidential Information 319.3 Exceptions To Non-Disclosure 319.4 Return Of Confidential Information 329.5 Duration Of Confidentiality Obligations 3210 Subcontractors 3211 Work Health And Safety 3211.1 Compliance 3211.2 Risk Management System 3312 Liability 3312.1 Damages And Breakages 3312.2 Indemnity 3313 Termination 3413.1 Failure To Meet Obligations 3413.2 Consequence Of Termination 3414 Security Of Payment Legislation 3414.1 Definitions 3414.2 Limits On Application 3414.3 SOP Act Provisions 3414.4 Notices 3414.5 Indemnity 3515 Dispute Resolution 35


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15.1 Notification If Dispute 3515.2 Consultation Between The Representatives 3516 Government Information And Protection Act 3516.1 Contractor To Provide Information On Request 3516.2 Failure To Provide Information 3616.3 Compliance With GIPA Act 3617 Administrative Provisions 3617.1 Notices 3617.2 Negation 3617.3 Restriction On Conduct 3617.4 Legal Costs 3617.5 No Conflict 3617.6 Taxes 3617.7 Inconsistency In Documents 3717.8 General Warranties 3717.9 Civil Liability Exclusion 3717.10 Entire Agreement 3717.11 Waiver 3717.12 Cooperation 3817.13 Counterparts 3817.14 Amendment 3817.15 Unenforceability 3817.16 Joint Parties 3817.17 Governing Law 38Schedule 1: Defined Terms And Interpretation 39Part 1 – Definitions 39Part 2 - Interpretational Rules 42Schedule 2 Details 43Annexure 1: Specifications 44Annexure 2: Tender 46Execution Page 47Part 3 - Section 1 - Returnable Schedules 491 Offer Form 491.1 Effect Of Submitting This Offer Form 491.2 Formation Of Contract 491.3 Execution Of Form Of Contract 491.4 Definitions 49Execution 49Part 3 - Section 1 - Returnable Schedules 502 Tenderer’s Checklist 502.1 Organisational Profile 502.2 Referees 502.3 Agents 502.4 Trusts 502.5 Subcontractors 512.6 Conflicts Of Interest 512.7 Financial Position 512.8 Quality Assurance 512.9 Insurance Coverage 532.10 Work Health & Safety 532.11 Warranties 533 Selection Criteria 543.1 Compliance Criteria 543.2 Acknowledgement Of Addenda 543.3 Qualitative Criteria 544 Price Information 574.1 Discounts 574.2 Price Schedule 575 Tenderer’s Work Safety And Health Management System Questionnaire 596 Tenderer's Safety Record 64


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7 Work History 658 Tenderer's Resources Schedule 668.1 Tenderer’s Current Commitment Schedule 668.2 Tenderer’s Human Resources Schedule 669 Supplier Sustainability Assessment Questionnaire 67Part 3 - Section 2 - Statutory Declaration Of Compliance And Conflict Of Interest 70


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Contract for the Provision of Traffic Control Services

Council Name Forbes Shire Council

Address 2 Court Street

Forbes NSW 2871

ABN 86 023 614 567

Contractor Name

Address

ABN

Background

A. Council issued the Request for Tender in respect to the supply and delivery of the Goods and Services.

B. The Contractor lodged the Tender with Council.

C. Council has accepted the Tender.

D. Council and the Contractor set out in this agreement the terms on which the Contractor will provide the Goods to Council.

Operative Provisions1 Definitions & interpretation1.1 Defined terms

In this agreement, words beginning with a capital letter that are defined in Part 1 of Schedule 1 have the meaning ascribed to them in that schedule.

1.2 InterpretationThe interpretational rules contained in Part 2 of Schedule 1 apply in the interpretation of this agreement.

2 Supply2.1 Supply

(1). On the date of this agreement, the Contractor agrees that it will, during the Term, supply the Goods to Council.

(2). During the Term of this agreement, Council may make an Order for the Goods. Where Council makes an Order, then the Contractor must supply the Goods in accordance with:

(a). the Order; and

(b). the terms of this agreement.

2.2 CancellationCouncil reserves the right to cancel an Order, without liability, no later than 48 hours prior to the Delivery Time in the event of inclement weather or other unforeseen circumstances.

2.3 Delivery(1). The Goods must be supplied by the Contractor to the Delivery Point within the Delivery

Time.


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(2). If the Contractor becomes aware of any event that will prevent delivery of the Goods within the Delivery Time then the Contractor must immediately notify Council.

(3). If delivery of the Goods is to be delayed then Council may, at its absolute discretion and without limiting any rights it may possess do any one or more of the following:

(a). extend the Delivery Time by such period of time as is deemed reasonable by Council so as to enable supply of the Goods by the Contractor; or

(b). terminate this agreement; and

(c). set-off against the Consideration or otherwise claim from the Contractor the amount of any debt, damage, loss, cost, expense or liability arising from the delayed delivery of the Goods.

2.4 Cost of return of GoodsThe Contractor must bear all delivery, packaging, freight, insurance, and other charges whatsoever, in connection with the delivery of the Goods and the return of any:

(1). Rejected Goods;

(2). Defective Goods; or

(3). Goods wrongly supplied.

2.5 Obligation to purchase the GoodsThis agreement does not oblige Council to:

(1). make a minimum amount of Orders for the Goods; or

(1). exclusivity use the Contractor to supply the Goods.

3 Price(1). The Goods are to be supplied by the Contractor to Council in accordance with the

Consideration.

(2). The Consideration is inclusive of Taxes.

(3). The Price must be paid by Council within fourteen (14) days of the Contractor providing Council with a valid invoice for the relevant Consideration.

3.2 Price Review(1). For the purpose of this clause 3.2:

(a). CPI means the Consumer Price Index for Sydney (all groups) published by the Australian Bureau of Statistics from time to time, or any replacement of that index; and

(b). Review Date means the first anniversary of the Commencement Date.

(2). The Schedule of Rates must be adjusted on the Review Date in accordance with the following formula:

R = A x B Cwhere:

R is the new Rate(s).

A is the Rate(s) for the year immediately prior to the relevant Review Date.

B is the CPI for the quarter last published immediately prior to the relevant Review Date.

C is the CPI number:


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(a). for the quarter last published twelve (12) months prior to the relevant Review Date; or

(b). current as at the Commencement Date if there is no such prior quarter.

4 Requirements4.1 Contractor’s Warranty

The Contractor warrants to Council that it:

(1). will provide the Goods:

(a). in accordance with the Specifications;

(b). in accordance with its Tender;

(c). in accordance with all Laws and the requirements of all Authorities;

(d). in a proper manner;

(e). in accordance with Good Industry Practice; and

(2). has implemented, or will implement, such quality control measures as are reasonably necessary to ensure that the Goods are:

(a). not defective; and

(b). fit for the purpose for which it is to be used.

4.2 Brand or Standard Where a particular brand or standard of Goods is specified in this agreement, no other brand or lesser standard will be supplied unless otherwise approved in writing by Council.

5 Acceptance of Goods 5.1 Acceptance

(1). Delivery of the Goods will not of itself constitute acceptance of the Goods by Council.

(2). Council will be deemed to have accepted the Goods when:

(a). it notifies the Contractor that the Goods have been accepted; or

(b). in relation to the Goods and subject to paragraph (3), if after fourteen (14) days from delivery, Council retains the Goods without notifying the Contractor that the Goods have been rejected.

(3). Where it is a requirement of this agreement that the Goods be installed, Council will not be deemed to have accepted the Goods unless the Goods are satisfactorily installed within the period stipulated in and otherwise in accordance with this agreement or, if no period is stipulated, within a reasonable period.

5.2 Rejected Goods(1). If the Goods are found to be defective or not in accordance with the requirements of this

agreement, then Council may reject any or all of the Goods.

(2). Council may direct the Contractor to remove any Rejected Goods.

(3). If the Contractor does not remove the Rejected Goods with a reasonable time of receiving the direction in accordance with paragraph (2), then Council may, at its absolute discretion:

(a). sell or dispose of the Rejected Goods; and

(b). claim the costs of selling or disposing of the Rejected Goods from the Contractor.

(4). The Contractor indemnifies Council from all Claims which arise from any Rejected Goods.


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5.3 RiskRisk in the Goods remains with the Contractor at all times up until the point of acceptance in accordance with this clause 5.

5.4 NoticeThe parties agree that:

(1). the Contractor must give notice in writing to Council immediately upon becoming aware of a defect in the Goods; and

(2). where Council becomes aware of a defect or potential defect in the Goods it must give notice in writing to the Contractor immediately upon becoming aware of that defect or alleged defect.

5.5 InvestigationWithin ten (10) days of a notice being issued pursuant to clause 5.4, each party must examine the Goods to determine whether:

(1). the Goods are defective; and

(2). the defect complained of arises as a result of factors not attributable to a default in the manufacture of the Goods.

5.6 Defective GoodsIf it is determined, after the conduct of an investigation in accordance with clause 5.5, that the defect in the Goods arises as a consequence of the Contractor failing to manufacture, handle, transport or install the Goods in accordance with:

(1). the Specifications;

(2). a manufacturer’s specifications;

(3). in accordance with Good Industry Practice or

(4). the terms of this agreement generally;

then the Contractor:

(5). is to be liable to Council for all damages, losses, costs, expenses, fees and other amounts incurred or payable by Council as a consequence of the Contractor’s breach of this agreement; and

(6). is, at the election of Council and without limiting any other rights which Council may possess, to:

5.7 replace the defective or faulty Goods; or

5.8 reimburse Council any amount in excess of the Price which is paid or payable by Council to purchase Goods from a third party supplier; and

(1). indemnifies Council from and against all Claims brought against Council in relation to the defective Goods.

6 Contractor’s insurance(1). The Contractor must take out, and maintain in force during the term of this agreement, the

insurance policies listed in Schedule 2.

(2). The insurance referred to in paragraph (1) must be effected with a reputable insurer on terms that are the same or reasonably similar to those customarily applicable insurance policies for persons engaging in business the same or similar to the business operated by the Contractor.

(3). Upon request, the Contractor must provide to Council a copy of the certificate of currency for the insurance policies listed in paragraph (1).


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7 IndemnityThe Contractor indemnifies Council against any Claims or losses incurred by Council as a consequence of the Contractor’s failure to comply with the terms of this agreement.

8 Prohibition on Assignment8.1 Restriction on Assignment

The benefit and burden of the rights and obligations created under this agreement are personal to the Contractor and must not, without the prior written consent of Council, be assigned.

8.2 Consent to AssignmentWhere Council grants consent to an Assignment then:

(1). the Contractor is to:

(a). guarantee the assignee’s performance of its obligations under this agreement; and

(b). indemnify Council against any loss, cost, expense, liability, damages or other amounts incurred by Council as a consequence of the assignee’s breach of obligations under this agreement; and

(2). the assignee must sign a deed of accession whereby it agrees to be bound by the terms of this agreement as if a reference to the Contractor were a reference to the assignee.

9 Confidentiality9.1 Non-disclosure

(1). Each party must not disclose Confidential Information disclosed to it by the other party except:

(a). with the prior written consent of the other party; or

(b). in accordance with the terms of this agreement.

(2). A party may not unreasonably withhold its consent to disclosure in accordance with paragraph 9.1(1)(a) where:

(a). the requested disclosure is made for the purpose of facilitating the proper performance of a party’s obligations under this agreement; and

(b). the disclosure is to be made to persons who:

(c). reasonably require the disclosure of the information; and

(d). are subject to a duty of confidentiality on the same or similar terms to that contained in this clause 9.

9.2 Use of Confidential InformationA party may use, copy, reproduce or otherwise deal with the Confidential Information disclosed to it only:

(1). during the term of this agreement; and

(2). in accordance with the terms of this clause 9; and

(3). in a manner that is related to the proper and lawful conduct and performance of its obligations under this agreement.

9.3 Exceptions to non-disclosureA party may disclose Confidential Information that has been disclosed to it:

(1). where such disclosure is made to those of its employees, advisers, related bodies corporate and shareholders who:

(a). have a need to know (and only to the extent each has a need to know); and


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(b). are aware and agree that the information that is to be disclosed must be kept confidential; or

(2). which, at the time of disclosure, is within the public domain or after disclosure comes into the public domain other than by a breach or breaches by any party (whether the party to this agreement or a third party) of any obligation owed to the other party; or

(3). where:

(a). required by law or any order of any court, tribunal, authority, regulatory body or the rules of any securities exchange (whether in Australia or elsewhere) to be disclosed; and

(b). the disclosing party ensures that information is disclosed only to the extent reasonably and lawfully required.

9.4 Return of Confidential InformationOn expiry or earlier termination of this agreement each party must:

(1). return to the other party all hard copy documents (whether in original or copied form) comprising or containing Confidential Information which has been disclosed to the receiving party; and

(2). except where to do so would contravene any legal obligation destroy all electronic files containing Confidential Information including all cache, back-up or archive copies of electronic files containing Confidential Information.

9.5 Duration of confidentiality obligationsUnless otherwise agreed by the parties in writing the obligation of confidentiality set out in this agreement operates indefinitely and does not terminate on the expiry or earlier termination of this agreement.

10 Subcontractors(1). The Contractor must not subcontract any part(s) of the provision of Goods under this

Contract without prior written approval from Council.

(2). Should the Contractor subcontract any part(s) of its obligations under this agreement, the Contractor must complete, and forward to Council a Subcontractors Statement in the form prescribed in Schedule 1 to the Building and Construction Industry Security of Payment Regulation 2008 (NSW).

(3). Council may withhold moneys due and payable in respect of any invoice submitted by the Contractor for payment until the Contractor complies with clause (2).

11 Work Health and Safety11.1 Compliance

(1). The Contractor must ensure that it complies with all relevant work health and safety requirements, including those in force under the following:

(a). the Work Health & Safety Act 2011;

(b). the Work Health & Safety Regulations 2011;

(c). any relevant Australian Standards and Industry Codes of Practice; and

(d). Council’s work health and safety policies, including its drug and alcohol policy, which requires Contractors of Council to agree to and require their employees and/or subcontractors to submit to mandatory random drug and alcohol tests at Council work places.

(2). The Contractor must notify Council immediately, in writing, if:

(a). They incur a charge of non-compliance with any of the work health and safety requirements set out in this clause.


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(b). Their employee(s) or sub-contractor(s) are involved in a Significant Incident.

(c). Their employee(s) or sub-contractor(s) cause property or environmental damage during the course of the Contract.

(3). The Contractor must provide a report to Council within 48 hours of any Significant Incident occurring giving complete details of the incident, including results of investigations into its cause, and any recommendations or strategies for prevention in the future. This requirement is in addition to, and independent of, any incident notification duty required by law.

(4). The Contractor will be responsible for the preparation and implementation of Safe Work Method Statements and Risk Identification Procedures for all work activities under the Contract.

(5). The Contractor will be responsible for the safety, wellbeing and fitness of all of its employees and to ensure that they are fit to perform their duties and present no danger to others. The Contractor must also ensure all of their employees engaged in the provision of the Goods have completed the following:

(a). CENTROC (Central NSW Councils) work health and safety induction training; and

(b). site specific work health and safety induction training relating to the particular site at which Goods are to be delivered where requested by Council.

11.2 Risk Management System(1). The Contractor must demonstrate for the duration of this contract, its specific understanding

of the risk management requirements to be undertaken.

(2). The Contractor warrants to Council that:

(a). the Contractor has a good understanding of the hazards and risk associated with the activities being undertaken;

(b). the Contractor has established systems and procedures for managing risks;

(c). the Contractor has secured all required licenses for relevant activities to be undertaken as part of fulfilling its obligations, including all required employee competencies and licences;

(d). all plant and equipment to be used in the performance of its obligations are appropriately licensed or registered, maintained and inspected on a regular basis; and

(e). the Contractor has carried out or caused to be carried out contract specific risk assessments to ensure that all risk associated with the performance of its obligations have been identified and are being controlled.

12 Liability12.1 Damages and Breakages

(1). The Contractor must pay the costs for repairing any breakages, defect or damage to Council property or third party property caused by the Contractor or its employees or subcontractors in the performance of its obligations under this agreement.

(2). The Contractor will also be liable for third party property damage caused by the Contractor or its employees or subcontractors:

(a). on account of defects in the Goods supplied in the Contract; and/or

(b). in the provision, supply or delivery of those Goods.

12.2 Indemnity(1). The Contractor indemnifies Council from and against all Claims (including the costs of

defending or settling any action or claim) in respect of:

(a). loss of, loss of use of, or damage to property; or


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(b). personal injury (including death) or illness to any person or loss of, loss of use of, or damage to any property;

(c). resulting from or by reason of anything done or omitted to be done by the Contractor in the performance of its obligations under this agreement.

(2). Any liability under clause 12.2(1) will be proportionally reduced to the extent that a negligent act or omission of Council or its employees contributed to the injury, damage or loss.

(3). The rights in this clause survive the expiration or termination of this deed or any Contract.

13 Termination13.1 Failure to meet obligations

(1). Council may terminate this agreement where:

(a). the Contractor commits a breach of this agreement which is not rectified within fourteen (14) days of written request from Council to rectify the default; or

(b). the Contractor becomes subject to an Insolvency Event.

(2). If the Contractor fails to supply the Goods by the Delivery Time, Council may:

(a). terminate this agreement; and

(b). engage another contractor;

(c). recover from the Contractor as a debt due, any or all costs incurred as a result of the Contractor’s failure.

13.2 Consequence of terminationUpon termination:

(1). this agreement ends as to its future operation except for the enforcement of any Claim that arises on, or has arisen before, termination; and

(2). any existing order of Goods by Council must be honoured; and

(3). each party must:

(a). cease to use the Intellectual Property of the other party;

(b). return or otherwise destroy all Confidential Information in accordance with the terms of this agreement;

(c). return all Intellectual Property of the other party; and

(d). pay all amounts that are due and payable by it to the other party.

14 Security of payment legislation14.1 Definitions

For the purpose of this clause 14 terms used have the meaning ascribed to them in the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act).

14.2 Limits on applicationThis clause 14 only applies to the extent that it is permitted to do so under the SOP Act.

14.3 SOP Act provisionsFor the purposes of contractually defining the rights of the parties to a Contract under the SOP Act, the Contractor acknowledges and agrees the amount of each progress payment to which the Contractor is entitled, and the valuation of Goods supplied or undertaken to be supplied is to be determined strictly in accordance with this agreement.

14.4 NoticesThe Contractor must:


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(1). promptly give Council a copy of any notice received by the Contractor under section 15, 16 or 24 of the SOP Act; and

(2). promptly notify Council if it becomes aware that any subcontractor intends to exercise a statutory lien under section 11(3) of the SOP Act over unfixed Goods supplied by the subcontractor for use in meeting the Contractor’s obligations under a Contract.

14.5 IndemnityThe Contractor continually indemnifies Council against any Claim (including legal costs on a full indemnity basis) which Council pays, suffers, incurs or is liable for arising out of or in connection with:

(1). the Contractor’s failure to comply with a provision of a Contract or this document in respect of the SOP Act;

(2). any other right or remedy lawfully exercised by the Contractor's subcontractors pursuant to the SOP Act.

15 Dispute resolution15.1 Notification if dispute

If a party believes that there is a Dispute then:

(1). that party must give notice in writing to the other party stating that there is a Dispute; and

(2). the notice referred to in clause 15.1(1) must outline:

(a). what the party believes the dispute to be; and

(b). what the party wants to achieve; and

(c). what the party believes will settle the Dispute.

15.2 Consultation between the RepresentativesWithin fourteen (14) days of a notice served in accordance with clause 15.1(1) the Representatives must meet in order to resolve the Dispute.

16 Government Information and Protection Act

16.1 Contractor to provide information on request(1). Subject to paragraph (2), within seven (7) days of receiving a written request from Council,

the Contractor must provide Council with access to the following information contained in records held by the Contractor:

(a). information that relates directly to the Works;

(b). any information collected by the Contractor from members of the public to whom it provides, or offers to provide, under this document; and

(c). information received by the Contractor from Council to enable it to satisfy the Works,

(Information).

(2). For the purposes of paragraph (1), Information does not include:

(a). information that discloses or would tend to disclose the Contractor’s financing arrangements, financial modelling, cost structure or profit margin;

(b). information that the Contractor is prohibited from disclosing to Council by provision made by or under any law; or

(c). information that, if disclosed to Council, could reasonably be expected to place the Contractor at a substantial commercial disadvantage in relation to Council, whether at present or in the future.

(3). If requested to do so by Council, the Contractor will provide copies of any Information at the Contractor’s own expense.


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16.2 Failure to provide informationAny failure by the Contractor to comply with clause 16.1 is a breach of an essential term of this agreement.

16.3 Compliance with GIPA ActThe Contractor and Council acknowledge that they are required to comply with the provisions of the Government Information (Public Access) Act 2009 (NSW) with respect to any Information.

17 Administrative provisions17.1 Notices

(1). Any notice, consent or other communication under this agreement must be in writing and signed by or on behalf of the person giving it, addressed to the person to whom it is to be given and:

(a). delivered to that person’s address;

(b). sent by pre-paid mail to that person’s address; or

(c). transmitted by facsimile to that person’s address.

(2). A notice given to a person in accordance with this clause is treated as having been given and received:

(a). if delivered to a person’s address, on the day of delivery if a business day, otherwise on the next business day;

(b). if sent by pre-paid mail, on the third business day after posting; and

(c). if transmitted by facsimile to a person’s address and a correct and complete transmission report is received, on the day of transmission if a business day, otherwise on the next business day.

(3). For the purpose of this clause the address of a person is the address set out in this agreement or another address of which that person may from time to time give notice to each other person.

17.2 Negation This agreement does not create a Proscribed Relationship between the parties.

17.3 Restriction on conductEach party must ensure that they do not conduct themselves so as to hold out, or otherwise represent, that:

(1). a Proscribed Relationship exists between them; or

(2). that they have the authority to represent or otherwise bind the other party.

17.4 Legal costsEach party must pay its own costs incurred in relation to the negotiation, preparation and execution of this agreement.

17.5 No Conflict(1). The Contractor acknowledges that Council is a government authority with statutory

responsibilities, obligations and discretions (Discretions).

(2). Nothing in the agreement operates to restrict or otherwise affect the Discretions of Council in exercising its powers as a statutory authority. In the event of a conflict between the Discretions of Council on one hand and the satisfaction and performance of Council’s obligations in this agreement on the other hand, the former will prevail.

17.6 Taxes(1). If any Tax is payable in respect of this agreement then such Tax is to be paid by the

Contractor.


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(2). In the event that the Tax is claimed directly from Council the Contactor agrees that it will reimburse Council for any amount paid by Council to satisfy the Tax. The Contractor must reimburse Council the amount of the Tax within seven (7) days of Council notifying the Contractor that it has paid a Tax.

17.7 Inconsistency in documentsIf there is any inconsistency between a term of this document, an Order, the Specifications and the Tender Documentation, the terms contained in the following documents will prevail in the order of preference set out below:

(1). this document;

(2). an Order;

(3). the Specifications; and

(4). the Tender.

17.8 General WarrantiesEach party warrants to the other that:

(1). the execution and delivery of this agreement by it has been properly authorised by all necessary action – corporate or otherwise; and

(2). it has lawful authority and (as relevant) full corporate power to execute and deliver this agreement and to consummate and perform or cause to be performed its obligations under this agreement; and

(3). this agreement constitutes a legal, valid and binding obligation on it enforceable in accordance with its terms by appropriate legal remedy; and

(4). it is able to pay its debts as and when they fall due; and

(5). it has adequate resources (both financial and otherwise) to perform and otherwise carry out its obligations under this agreement; and

(6). this agreement and completion of the transactions contemplated in it do not conflict with or result in a breach of or default under any provision of its constitution or any material term or provision of any agreement or deed or any writ, order or injunction, judgment, law, rule or regulation to which it is a party or is subject or by which it is bound; and

(7). it has entered into this agreement in its personal capacity and, where relevant, in its capacity as trustee of any trust and that this document is binding on it in each such capacity; and

(8). that the entry into and performance of its obligations under, and the transactions contemplated by, this agreement is for its commercial benefit and is in its commercial interest and, in relation to any of its activities as a trustee, is for the benefit of the beneficiaries of any trust for which it is the trustee.

17.9 Civil Liability ExclusionThe provisions of Part 4 of the Civil Liability Act 2002 (NSW) do not apply to any Claim Council brings or may bring against the Contractor or any of its servants, agents, employees, nominees or subcontractors arising out of, under, or in any way related to the subject matter of this agreement.

17.10 Entire AgreementThis agreement is the entire agreement of the parties on the subject matter. All representations, communications and prior agreements in relation to the subject matter are merged in and superseded by this agreement.

17.11 WaiverThe non-exercise of or delay in exercising any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of a power or right preclude any other or further exercise of it or the exercise of any other power or right. A power or right may only be waived in writing, signed by the parties to be bound by the waiver.


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17.12 CooperationEach party must sign, execute and deliver all agreements, documents, instruments and act reasonably and effectively to carry out and give full effect to this agreement and the rights and obligations of the parties under it.

17.13 CounterpartsThis agreement may be executed in any number of counterparts and all of those counterparts taken together constitute one and the same instrument.

17.14 AmendmentThis agreement may only be amended or supplemented in writing signed by the parties.

17.15 UnenforceabilityAny provision of this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid or enforceable, and is otherwise capable of being severed to the extent of the invalidity or enforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

17.16 Joint partiesIf two or more parties are included within the same defined term in this agreement:

(1). a liability of those parties under this agreement is a joint liability of all of them and a several liability of each of them; and

(2). a right given to those parties under this agreement is a right given severally to each of them; and

(3). a representation, warranty or undertaking made by those parties is made by each of them.

17.17 Governing lawThe law in force in the State of New South Wales governs this agreement. The parties:

(1). submit to the exclusive jurisdiction of the courts of New South Wales and any courts that may hear appeal from those courts in respect of any proceedings in connection with this agreement; and

(2). may not seek to have any proceedings removed from the jurisdiction of New South Wales on the grounds of forum non conveniens.


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Schedule 1:Defined Terms And InterpretationPart 1 – Definitions

Assign, Assignment and Assigned

as the context requires, refers to any sale, transfer, disposition, declaration of trust over or other assignment of a legal and/or beneficial interest.

Authority or Authorities

means (as appropriate) any:

(1) federal, state or local government;

(2) department of any federal, state or local government;

(3) any court or administrative tribunal; or

(4) statutory corporation or regulatory body.

Claim against any person any allegation, action, demand, cause of action, suit, proceeding, judgement, debt, damage, loss, cost, expense or liability howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at law, in equity, under statute or otherwise.

Confidential Information

means:

(1) this agreement;

(2) intellectual property: any and all Intellectual Property;

(3) financial information: information regarding costs, profits, markets, sales and other financial information;

(4) business information: information regarding business relationships and strategies, development plans, marketing, product concepts, trade secrets and other business information the business of the disclosing party and the disclosing party’s clients or third party suppliers;

(5) personal information: any personal information relating to the officers (as defined in s9 of the Corporations Act 2001), partners, employees, agents, contractors or clients of the disclosing party;

(6) information obtained through performance: all information which becomes known to a party as a consequence of it performing the obligations under this agreement including (without limitation) all records, documents, accounts, plans, specifications, price lists, customer lists, correspondence, photos and papers of every description relating to the disclosing party;

(7) technical information: information regarding designs, development processes and tools, hardware specifications, know-how, production, research, software specifications, databases and software developed or used by a party whether as owner or under licence from any person and other technical information; and

(8) disclosed information: any other information disclosed by a disclosing party that:

(a). is identified as being confidential; or

(b). would be apparent to a reasonable person that such information was disclosed in confidence by the disclosing party.

Consideration means the Schedule of Rates for the Goods as set out in Annexure 1.

Defective Goods means Goods that have not been manufactured or supplied in accordance with


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clause 3.

Delivery Time means the date and time set out in an Order for the delivery of Goods issued by Council to the Contractor in accordance with clause 2.1(2).

Delivery Point means the location set out in an Order for the delivery of Goods issued by Council to the Contractor in accordance with clause 2.1(2).

Dispute means a dispute regarding the operation of this agreement.

Goods means the Goods to be supplied by the Contractor in accordance with this agreement, a description of which is set out in Schedule 2 and the specification of which are set out in the Specification.

Good Industry Practice

means the exercise of that degree of skill, diligence, prudence, foresight and operating practice which would reasonably and ordinarily be expected from a skilled and experienced person (engaged in the same type of work to be performed by the Contractor) or any sub-contractor under the same or similar circumstances.

GST means the goods and services tax payable in accordance with A New Tax System (Services and Services Tax) Act 1999 and all incidental and ancillary legislation and regulations.

Insolvency Event means the happening of any of these events:

(1) An application which is not withdrawn or dismissed within fourteen (14) days is made to a court for an order or an order is made that a body corporate be wound up, deregistered, or otherwise placed into the control of external administrators.

(2) A body corporate or person is or states that it is insolvent (as defined under the Corporations Act 2001 (Cth).

(3) A body corporate takes any step to obtain protection or is granted protection from its creditors, under any applicable legislation or an administrator is appointed to a body corporate.

(4) The personal legal estate of a person becomes subject to external management either in bankruptcy or under any laws relating to mental incompetency.

(5) A claim is filed in a court against a person that is not defended, released or otherwise settled within 28 days of the date of its filing at the court.

(6) Anything analogous or having a substantially similar effect to any of the events specified above happens under the law of any applicable jurisdiction.

Intellectual Property means all intellectual property rights conferred by law including (without limitation):

(1) patents, designs, formulas, plans, specifications or other documents created in connection with the Products;

(2) copyright, trademark, trade business, company names, business names, websites, URLs or email addresses; and

(3) all other proprietary rights and all other intellectual property defined in Article 2 of the Convention establishing the World Intellectual Property Organisation (July 1967).

Intellectual Property means the owner of the Intellectual Property.


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Holder

Law means all legislation, regulations, by-laws, common law and other binding order made by any Authority.

Order means an order for the Goods which includes but is not limited to the following information:

(1) the quantity of the Goods required;

(2) the time in which the Goods are to be supplied (such time not to be less than the time specified in the Delivery Time); and

(3) the Delivery Points for the Goods.

Proscribed Relationship

means any of the following relationships:

(1) Joint venturers.

(2) Partners.

(3) Trustee and beneficiary.

(4) Employer and employee.

Rejected Goods means Goods that are rejected by Council in accordance with clause 5.2(1).

Significant Incident means an incident resulting in an injury requiring medical attention/expense or extensive property/equipment damage. A Significant Incident includes a near miss that would have, if it had eventuated, resulted in an injury requiring medical attention/expense or extensive property/equipment damage.

Specifications means the specifications for Goods as set out at Annexure 2.

Tax and Taxes means any tax, duty, impost, fee, levy or other charge imposed by any governmental, semi-governmental or regulatory authority and includes GST.

Tender means the tender submitted by the Contractor in response to the Request for Tender for provision of the Goods that was conducted by Council a copy of which is attached at Annexure 3.

Term means the term of this agreement as set out in Schedule 2.


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Part 2 - Interpretational Rules

clauses, annexures and schedules

a clause, annexure or schedule is a reference to a clause in or annexure or schedule to this agreement.

variations or replacements

a document (including this agreement) includes any variation or replacement of it.

reference to statutes a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them.

singular includes plural

the singular includes the plural and vice versa.

person the word “person” includes an individual, a firm, a body corporate, a partnership, joint venture, an unincorporated body or association or any government agency.

executors, administrators, successors

a particular person includes a reference to the person’s executors, administrators, successors, substitutes (including persons taking by novation) and assigns.

dollars Australian dollars, dollars, $ or A$ is a reference to the lawful currency of Australia.

calculation of time if a period of time dates from a given day or the day of an act or event, it is to be calculated exclusive of that day.

reference to a day a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later.

accounting terms an accounting term is a reference to that term as it is used in accounting standards under the Corporations Act 2001 (Cth) or, if not inconsistent with those standards, in accounting principles and practices generally accepted in Australia.

reference to a group of persons

a group of persons or things is a reference to any two or more of them jointly and to each of them individually.

meaning not limited the words “include”, “including”, “for example” or “such as” are not used as, nor are they to be interpreted as, words of limitation, and, when introducing an example, do not limit the meaning of the words to which the example relates to that example or examples of a similar kind.

next day if an act under this agreement to be done by a party on or by a given day is done after 4.30pm on that day, it is taken to be done on the next day.

next Business Day if an event must occur on a stipulated day which is not a Business Day then the stipulated day will be taken to be the next Business Day.

time of day time is a reference to Sydney time.

headings headings (including those in brackets at the beginning of paragraphs) are for convenience only and do not affect the interpretation of this agreement.

agreement a reference to any agreement, agreement or instrument includes the same as varied, supplemented, novated or replaced from time to time.

gender a reference to one gender extends and applies to the other and neuter gender.


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Schedule 2Details

Goods Provision of Traffic Control Services

Term Two (2) Years commencing 1 July 2018

Insurances Insurance Policy Minimum Cover Amount

Public Liability $20,000,000 per occurrence

Workers Compensation Insurance

as required by Law


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Annexure 1:Specifications


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Annexure 2:Tender


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Part 3 Read and Keep this Part

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Part 3 Read and Keep this Part

Execution page

Executed as an agreementDated:

Executed by Forbes Shire Council by its duly authorised officer pursuant to delegation from Council and in the presence of:

Witness (Signature) Authorised Officer (Signature)

Name of Witness (Print Name) Name of Authorised Officer (Print Name)

Executed by pursuant to s.127(1) of the Corporations Act 2001 (Cth):

Director/Secretary (Signature) Director (Signature)

Name (Print Name) Name (Print Name)


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Part 3 Complete and include this Part with your Tender

Part 3 - Section 1 - Returnable Schedules1 Offer Form1.1 Effect of submitting this Offer Form

By executing and submitting this form (together with any material attached to it), the party named in the Schedule (Tenderer) makes an irrevocable offer to Council to enter into the Contract, subject to the terms of the Request for Tender.

1.2 Formation of ContractThe Tenderer agrees that, upon service of a Notice of Acceptance by Council on the Tenderer, the Contract is formed between the Tenderer and Council.

1.3 Execution of form of ContractThe Tenderer warrants to Council that it will execute the Contract:

if requested to do so by Council; and

in accordance with the requirements of the Request for Tender.

1.4 DefinitionsTerms defined in the Request for Tender have the same meaning when used in this Offer Form.

Schedule

Tenderer’s full name

Tenderer’s ABN

Tenderer’s Address

Tenderer’s Contact Phone No

Tenderer’s Contact Person

Execution

Executed by the Tenderer.

Signature Signature

Name of person signing Name of person signing

Authority of person signing Authority of person signing


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Part 3 - Section 1 - Returnable Schedules 2 Tenderer’s Checklist

Where it is necessary to provide additional information, please ensure that all documents are clearly marked with the relevant attachment title to assist the evaluation panel with their assessment.

2.1 Organisational profile

Tenderer’s Name:

ABN & ACN

Address:

Tel No: Fax: No: Mobile:

Email Address:

Contact Person:

Position

Attach a copy of your organisation structure and provide background information on your company and label it “Organisation Structure”.

Organisation Structure

Tick if attached

☐If companies are involved, attach their current ASIC company extracts search including latest annual return and label it “ASIC Company Extracts”.

ASIC Company Extracts

Tick if attached

☐2.2 Referees

Attach the names and contact details of your referees, and label it “Referees”. You should give examples of work provided for your referees where possible.

RefereesTick if

attached

☐2.3 Agents

Are you acting as an agent for another party? Yes / No

If Yes, attach details (including name and address) of your principal and label it “Agents”.

AgentsTick if

attached

☐2.4 Trusts

Are you acting as a trustee of a trust? Yes / No

If Yes, in an attachment labelled “Trusts”:

(5) give the name of the trust and include a copy of the trust deed (and any related documents); and

if there is no trust deed, provide the names and addresses of the beneficiaries of the trust.

TrustsTick if

attached

☐


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2.5 Subcontractors

Do you intend to subcontract any of the Requirements? Yes / No

If Yes, in an attachment labelled “Subcontractors” provide details of the subcontractor(s) including:

(6) the name, address and the number of people employed; and

those parts of the Requirements that will be subcontracted.

SubcontractorsTick if

attached

☐2.6 Conflicts of interest

Will any actual or potential conflict of interest in the performance of your obligations under the Contract exist if you are awarded the Contract, or are any such conflicts of interest likely to arise during the Contract?

Yes / No

If Yes, please supply in an attachment details of any actual or potential conflict of interest and the way in which any conflict will be dealt with and label it “Conflicts of Interest”.

Conflicts of Interest

Tick if attached

☐2.7 Financial position

Are you presently able to pay all your debts in full as and when they fall due? Yes / No

Are you currently engaged in litigation as a result of which you may be liable for $50,000 or more (including any liability for costs)? Yes / No

If you are awarded the Contract, will you be able to fulfil the Requirements from your own resources or from resources readily available to you and remain able to pay all of your debts in full as and when they fall due?

Yes / No

In order to demonstrate your financial ability to undertake this contract, in an attachment labelled “Financial Position” include a profit and loss statement and the latest financial return for you and each of the other proposed contracting entities, together with a list of financial referees from your bank and/or accountant.If a company, provide a copy of Annual Reports the last two financial years.

Financial Position

Tick if attached

☐

2.8 Quality assurance

Does your organisation have any quality assurance or quality assurance systems? Yes / No

If you propose to subcontract, does your subcontractor have a “third party” quality management system in place? Yes / No

Supply evidence or details of your quality assurance position and where relevant of your supplier’s or subcontractor’s position, in an attachment labelled “Quality Assurance”.

Quality Assurance

Tick if attached

☐


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2.9 Insurance coverage

Tenderers must supply evidence of their insurance coverage in a format as outlined below or in an attachment labelled “Insurance Coverage”. A copy of the Certificate of Currency is to be provided to Council within 14 days of a Notice of Acceptance being served on the Successful Tenderer.

Insurance Coverage

Tick if attached

☐

Type Insurer – Broker Policy Number Value ($) Expiry Date

Public Liability

Workers Compensation

2.10 Work health & safety

Tenderers must complete "Tenderer's Safety Record" in this Part 3 and submit it marked "Tenderer's Safety Record".

Tenderer's Safety Record

Tick if attached

☐Tenderers must complete "Contractor's Work Health and Safety Management System Questionnaire” in this Part 3 and submit it marked "Contractor's Health & Safety Questionnaire".

Contractor's Health & Safety Questionnaire

Tick if attached

☐2.11 Warranties

Tenderers must provide details of all warranties proposed to be provided in relation to the goods.

The Tender acknowledges that any or all warranties which will ultimately apply will be determined under the Contract.

Product to which warranty applies

Period


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Part 3 - Section 1 - Returnable Schedules3 Selection Criteria3.1 Compliance Criteria

Please select with a “Yes” or “No” whether you have complied with the following compliance criteria in your Tender:

Description of Compliance Criteria

Compliance with the Specification contained in the Request for Tender. Yes / No

Compliance with the Conditions in the Request for Tender. Yes / No

Compliance with the Deadline. Yes / No

Compliance with and completion of the Price Schedule. Yes / No

Compliance with all necessary Licences and Registrations. Yes / No

3.2 Acknowledgement of Addenda[Note to Tenderers: Complete this section only where Addenda and/or Notices have been issued. Tenderer’s must list]I / We insert full name of Tenderer, acknowledge receipt of the following:

Addenda Number Description Date Received

3.3 Qualitative Criteria3.3.1 Tenderer’s to note

Before responding to the following Qualitative Criteria, Tenderers must note the following:

(1). All information relevant to your answers to each criterion must be contained within your Tender.

(2). Tenderers must assume that the Evaluation Panel has no previous knowledge of your organisation, its activities or experience.

(3). Tenderers must provide full details of all claims, statements or examples used to address the Qualitative Criteria.

(4). Tenderers must address each issue outlined within a Qualitative Criterion.


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3.3.2 Relevant experience

Describe your experience in completing / supplying similar Requirements. Tenderers must, as a minimum, address the following information in an attachment and label it “Relevant Experience”:

(1). Provide details of similar work.

(2). Provide scope of the Tenderer’s involvement including details of outcomes.

(3). Provide details of issues that arose during the project and how these were managed.

(4). Demonstrate sound judgement and discretion.

(5). Demonstrate competency and proven track record of achieving outcomes.

Complete "Project Reference Sheet" in this Part 3.

Relevant Experience

Tick if attached

☐

3.3.3 Key personnel skills and experience

Tenderers should provide as a minimum information of proposed personnel to be allocated to this contract, such as:

(1). Their role in the performance of the Contract.

(2). Curriculum vitae.

(3). Membership of any professional or business association.

(4). Qualifications, with particular emphasis on experience of personnel in projects of a similar requirement.

(5). Any additional relevant information.

(6). Supply details in an attachment and label it “Key Personnel”.

Key PersonnelTick if

attached

☐

3.3.4 Tenderer’s resources

Tenderers should demonstrate their ability to supply and sustain the necessary:

(1`). plant, equipment and materials; and

(2). any contingency measures or back up of resources including personnel (where applicable).

As a minimum, Tenderers should provide a current commitment schedule and plant/equipment schedule labelled “Tenderer’s Resources”.

Tenderer’s Resources

Tick if attached

☐


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3.3.5 Demonstrated understanding

Tenderers should detail the process they intend to use to achieve the Requirements of the Specification. Areas that you may wish to cover include:

(1). A contract schedule/timeline (where applicable).

(2). The process for the delivery or performance of the goods/services/works.

(3). Training processes (if required).

(4). A demonstrated understanding of the scope of work.

Supply details and provide an outline of your proposed methodology in an attachment labelled “Demonstrated Understanding”.

Demonstrated Understanding

Tick if attached

☐

3.3.6 Price Information

Tenderers should complete the Price Schedule in Part 3. PriceTick if

attached

☐


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Part 3 - Section 1 - Returnable Schedules4 Price Information

Tenderers must complete the following “Price Schedule”.

Before completing the Price Schedule, Tenderers should ensure they have read the entire Request for Tender.

4.1 Discounts

Are you prepared to allow a discount for prompt settlement of accounts?

Yes / No

If you are offering different discounts for different periods, or other discounts such as volume discounts, detail them in an attachment labelled “Discounts”.

DiscountsTick if

attached

☐4.2 Price scheduleThe rates given below are to be inclusive of all activities as detailed in Part 2 Section 1 of this document. All tendered rates are to be inclusive of GST, in Australian Dollars and represent the net cost to Council for the provision of the Services.

SCHEDULE OF RATES

Service Description Unit Standard Rate(inc GST)

After Hours Rate

(inc GST)

Traffic controller hourly

Travel to and from work site km

Pilot Vehicle hourly

Site establishment / Call out Fee item N/A

Develop traffic control plan item N/A

Hire of after care sign day N/A

Replace lost or destroyed Signs item N/A


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Part 3 - Section 1 - Returnable Schedules5 Tenderer’s work safety and health management system

questionnaire

This questionnaire forms part of Council’s tender evaluation process and must be completed by Tenderers, submitted with their Tenders and labelled as “Contractor’s Safety & Health Questionnaire”. The objective of the questionnaire is to provide an overview of the status of the Contractor’s safety management system. Tenderers may be required to verify their responses noted in their questionnaire by providing evidence of their ability and capacity in relevant matters.

WHS Policy and Management

Is there a written company safety policy? Yes No

If Yes, provide a copy of the policy.

Comments

Does the company have a WHS Management System? If Yes, provide details Yes No

Does the WHS Management System comply with AS/NZS 4801:2001? Yes No

Is the WHS Management System audited or reviewed on a regular basis? Yes No

If Yes, provide details of last audit and outcomes.

Is there a company WHS organisation chart? If Yes, provide a copy. Yes No

Comments

Are health and safety responsibilities clearly identified for all employees? Yes No

If Yes, provide details.


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Are line managers held accountable for health and safety performances? Yes No


Safe Work Practices and Procedures

Has the company prepared safe operating procedures or specific safety instructions relevant to it operations?

Yes No

If Yes, provide a summary listing of procedures or instructions.

Comments

Are safe operating procedures or specific safety instructions issued to employees? Yes No

If Yes, please explain how this is done.

Does the company have any permit to work systems? Yes No

If Yes, provide a copy of a standard incident report form.

Which company personnel are responsible for investigating incidents?

Do incident reports contain prevention recommendations? Yes No

Who is responsible for implementing remedial measures recommended?


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Are these procedures to maintaining, inspecting and assessing the hazards of Plant operated/owned by the company?

Yes No


Are their procedures to storing and handling hazardous substances? Yes No


Are there procedures for assessing and controlling risks associated with manual handling? Yes No


Work Safety and Health

Describe how safety and health training is conducted in your company?

Provide a summary or examples of safety and health training courses provided for, or undertaken by, employees during the past 12 months.

Is a record maintained of all training and induction programs undertaken for employees in your company?

Yes No

If Yes, provide examples of safety training records.


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Provide details of any company safety induction programs for company employees and or/Sub-contractors.

Safety and Health Workplace Inspection

Are regular health and safety inspections at work sites undertaken? Yes No

If Yes provide details.

Are standard work place inspection checklist used to conduct health and safety inspections?

Yes No

If Yes, provide details or examples.

Who normally completes workplace safety and health inspections?

How are workplace safety and health inspection reports dealt with?

Is there a procedure by which employees can report hazards at workplaces? Yes No


Safety and Health Consultation

Is there a workplace safety committee? Yes No



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Are there guidelines on procedures governing the safety committee operation? Yes No

Are there employee elected health and safety representatives Yes No


Is there a company safety officer? Yes No

Comments:

Safety and Health Performance Monitoring

Is there a system for recording and analysing and safety performance statistics? Yes No


Is safety performance on the agenda of management meetings? Yes No


Is senior management involved in analysis of safety performance statistics? Yes No

Has the company ever been convicted of an work health and safety offence Yes No



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Part 3 - Section 1 - Returnable Schedules6 Tenderer's safety record

Complete the following details and submit with your Tender labelled as “Tenderer’s Safety Record”.

Project Date of Accident/

Notice

Accident or Infringement

Notice

Reason Time Lost


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Part 3 - Section 1 - Returnable Schedules7 Work History

When addressing Qualitative Criteria, each Tenderer must submit the following details.

Name of the Project/Description of Goods

Value (approx)

Date started

Date finished

Client Referees name

Telephone number


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Part 3 - Section 1 - Returnable Schedules8 Tenderer's resources schedule

Complete the following tables:

8.1 Tenderer’s current commitment schedule

Project Description Value as Let Date Started

Date Completed/ Anticipated Date of

Practical Completion

8.2 Tenderer’s human resources schedule

Staff Name Years Experience

Licences/Qualifications/Competencies

Comments


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9 Supplier Sustainability Assessment Questionnaire

Supplier Sustainability Assessment Questionnaire Forbes Shire Council is committed to sustainability. Environmental performance forms an important part of Council’s purchasing evaluation process. Council expects all potential suppliers of goods and services to identify potential opportunities, risks and impacts of their activities and to adopt measures to:

realise opportunities for sustainable improvement, manage risks, and enhance and protect the environment

encourage recycling and re-use of materials and minimise waste, and

support effective use of scarce resources – including energy, water and materials.

Business Details

Business Name

Contact Name

Contact Number

Organisation Details

1. Does your organisation have a written environmental policy? Yes/No

If yes please attach

2. Does your organisation have an accredited Environmental Management System (EMS) to manage environmental risk?

Yes/No

If yes please provide date of adoption

3. Does your organisation undertake waste or environmental audits or monitoring programs to minimise environmental impacts?

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

Yes/No

If yes please provide further details

4. Has your organisation demonstrated a commitment to energy efficiency and greenhouse gas reduction?

_______________________________________________________

_______________________________________________________

_______________________________________________________

Yes/No



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_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

5. Do any of your products contain recycled or remanufactured materials?

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

Yes/No


6. Has your company ever been found guilty of a breach of NSW environmental legislation?

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

Yes/No

If yes please specify

7. If your product/s contain timber, where is it sourced and is it from a certified sustainable source? e.g. Forest Stewardship Council

_______________________________________________________

_______________________________________________________

_______________________________________________________

Yes/No

If yes please specify source and whether there is any timber source certification

8. Has your company taken any other steps to improve sustainability performance? e.g. water, packaging, transport etc

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

Yes/No



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_______________________________________________________

9. Does your company have any participation or investment in the woodchipping of native forest, uranium mining or gambling and tobacco services?

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

Yes/No


Declaration

I declare that all the information submitted on this form is true and correct.

Signed _____________________________ Date _____________


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Part 3 - Section 2 - Statutory Declaration of compliance and conflict of interest

Statutory Declaration of Compliance and Conflict of Interest

This statutory declaration is sworn on behalf of: _________________ (Tenderer) and must be sworn by an officer of that company.

To: Forbes Shire Council (Council)

I do solemnly and sincerely declare as follows:

(1). The enclosed Tender includes all mandatory information and documentation set out in Council’s request for tender. The Tenderer has also submitted all other information (if any) it considers relevant to its Tender.

(2). In consideration of Council agreeing to consider this offer, the Tenderer agrees to comply with, and be bound by, the conditions contained in the request for tender document.

(3). This is a genuine, competitive Tender that has not been adjusted to accord with any agreement with any other person or company.

(4). The Tenderer is solvent, is able to pay its debts as and when they fall due and will remain so if it’s Tender is accepted by Council and the Tenderer is required to perform the relevant obligations under the Contract.

(5). So far as the Tenderer is aware and other than as specifically set out in the Tender, the lodgement of this Tender does not result in a conflict of interest, and in particular:

(a). no representative, officer or employee of the Tenderer has a personal relationship with any representative, officer or employee of Council;

(b). no representative, officer or employee of Council has a financial interest in the Tenderer; or

(c). no representative, officer or employee of Council has a financial interest in the outcome of this Tender.

(6). The Tenderer has not done, nor will it do at any time before Council’s award of the proposed contract, any of the following:

(a). Disclose details of the Tender except where the disclosure, given in confidence, is necessary to obtain insurance associated with the Tender.

(b). Enter into any form of agreement that limits another company’s entitlement to tender or the scope of any other tender.

(c) Solicit or accept unsolicited information about another company’s tender.

(7). The Tenderer:

(a). has read and understood the NSW Government Code of Practice for Procurement (Code) as well as any Policies referred to in the Request for Tender (if any) (Policies);

(b). has complied with the Code and the Policies in preparing and submitting the Tender; and

(c) if successful, will maintain compliance with the Code and the Policies (as amended from time to time) and understands that it may be required to provide evidence of compliance, if requested by Council.


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AND I MAKE this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths Act, 1900 (as amended).

Subscribed and Declared by in the presence of:

Witness (Signature) Declarant (Signature)

Name of Witness (Print Name) Qualification of Witness (e.g. Solicitor)


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