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Flinders Island

Request for Tenders Early Contractor Involvement (ECI) - Waste

Management

Annexure 12 - June 2017

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Flinders Island Waste Management ECI Request 19 Jan 17.docx 19/01/2017 of 20

CONTENTS

1 EXECUTIVE SUMMARY .................................................................................................. 3

2 BACKGROUND INFORMATION ..................................................................................... 3

3 CONDITIONS OF SUBMITTING A TENDER .................................................................. 5

3.1 Proposed Timetable .................................................................................................. 5

3.2 Contact Representative for Enquiries ........................................................................ 5

3.3 Tender Submission Requirements ............................................................................ 5

3.4 Closing Date For Submissions .................................................................................. 6

3.5 Late Tender Submissions .......................................................................................... 6

3.6 No Obligation To Accept Any Tenders ...................................................................... 6

3.7 No Representation Is To Be Binding ......................................................................... 6

3.8 Right To Reject Any Tender Submissions ................................................................. 6

3.9 Right to Seek Clarification ......................................................................................... 7

3.10 Preparation of Tenders .............................................................................................. 7

4 ECI CONTRACTOR SELECTION PROCESS OVERVIEW ............................................. 7

5 RELATIONSHIP BASED CONTRACT MODEL .............................................................. 7

6 ECI CONTRACTOR SELECTION PROCESS ................................................................. 8

6.1 Evaluation Methodology ............................................................................................ 8

6.2 Cost Component – ECI Contractor Assessment Methodology .................................. 9

7 EVALUATION CRITERIA .............................................................................................. 11

APPENDIX A – TENDER CONDITIONS

APPENDIX B – SCOPE DEVELOPMENT SERVICES AGREEMENT

APPENDIX C – SCHEDULES TO BE COMPLETED BY THE TENDERER

APPENDIX D – MODEL SCOPE


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1 EXECUTIVE SUMMARY

The purpose of this document and the attached schedules is to invite organisations to demonstrate the necessary technical, managerial, and financial capability and capacity to participate in the ‘Early Contractor Involvement’ (ECI) phase of the Flinders Island Waste Management scope of works, costs and delivery.

The ECI contracting strategy is a relationship‐based approach that is founded on a set of governing principles that enable the ECI participants to work together in a collaborative manner to deliver the outcomes that Flinders Council is seeking.

The primary objective of this process is for Flinders Council to engage (ideally 2) ECI contractors to fully participate in the establishment, management, implementation and completion of the Flinders Island Waste Management objectives.

The ECI component of this process will allow for collaborative scope development and may lead to the establishment and implementation of an ECI contractor for the delivery of the services (although Flinders Council does not provide any guarantees that it will enter into a supply agreement with either of the ECI contractors).

The ECI contractor selection process is essentially based on two elements;

Capability including but not limited to management, administration and resourcing; and

Cost.

The capability component is required to allow Flinders Council to objectively assess, based on submitted information, the ability of the respective suppliers to enter into a collaborative arrangement to develop the scope.

The cost component is required to provide Flinders Council with an ability to objectively assess and compare anticipated or expected costs between Tenderers in relation to scope development.

There is also a cost component requested in relation to potential future costs associated with delivery of a waste management solution following scope development. Please note that this aspect of the cost component is intended to be used for evaluation purposes only. It is not intended to yield final project costs and is not binding on the Tenderer.

It is important to recognise that the cost model used in this assessment exercise, while in general terms reflects the type of work required to undertake waste management, it is a theoretical model and presented in simple form so that a desk‐top process and review can be undertaken. Once a detailed scope is developed through the ECI process then final pricing will be proposed by the ECI contractors for Flinders Council to consider.

2 BACKGROUND INFORMATION

The Flinders Council owns and operates a landfill site for waste management located near Whitemark

on Flinders Island. This facility is one of two landfills in the municipality and is a level 2 facility licenced

through the Environment Protection Authority of Tasmania (EPA). The Flinders Council is also


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responsible for a level 1 landfill site on Cape Barren Island which is operated by the Cape Barren Island

Aboriginal Association (CBIAA). Flinders Council also maintains waste transfer stations at Lady Barron

and Killiecrankie.

The Flinders Council has developed a waste management strategy (Furneaux Group Waste

Management Strategy 2014‐2019). This strategy details the Flinders Council’s key objectives:

1. Waste management systems which provide the best outcomes both environmentally, socially and economically,

2. Compliance with all state legislation,

3. The management of waste including resource recovery, transfer stations, disposal processing technologies, historical landfills, collection litter and street litter bin pickups,

4. That defined goals and actions are both accepted and affordable to the community, and

5. That all areas within the Municipality, including the Outer Islands are included.

In achieving legislative compliance with the Environmental Management and Pollution Control Act 1994 (EMPCA) and the Environmental Management and Pollution Control (Waste Management) Regulations 2010, Flinders Council, through the Furneaux Group Waste Management Strategy 2014‐2019, intends to actively comply with the recognised waste hierarchy, which is the set of priorities for the efficient use of resources; this hierarchy underpins the objectives of the EMPCA and Regulations.

In delivering its waste management strategy objectives and ensuring compliance with all legislative

requirements Flinders Council intends to engage an experienced, customer focussed supplier who


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can provide technical expertise through innovative solutions for cost effective and community

acceptable waste management.

Concurrently with this ECI process, Flinders Council is undertaking a Request for Expressions of

Interest (REOI) process under which it is seeking expressions of interest (EOIs) from members of the

Flinders Island and Cape Barren communities (and surrounding areas) to provide innovative solutions

for effective and compliant waste management throughout the Furneaux Group of islands. At this

stage, it is the intention of Flinders Council that the EOIs proposed as part of the community REOI

process will be considered by Flinders Council and the ECI contractors when developing the scope of

works. Engagement of any Respondents to the REOI process to deliver a waste management

solution will be undertaken through a separate procurement process either run by Flinders Council

or through a selected waste management supplier.

3 CONDITIONS OF SUBMITTING A TENDER

3.1 PROPOSED TIMETABLE

The proposed Tender timetable is as follows:

Tender Closing Date and Time 4pm on 8 February 2017

Planned notification of assessment outcome

15 February 2017

Commence collaborative scope development

22 February 2017

Combined workshop 8 March 2017

3.2 CONTACT REPRESENTATIVE FOR ENQUIRIES

All enquiries from Tenderers in relation to this ECI Request process must be made in writing only to

the Flinders Council representative:

Jacci Viney ‐ Development Services Coordinator & Environmental Health Officer.

Email: [email protected]

Postal: FLINDERS COUNCIL WASTE MANAGEMENT ECI REQUEST Flinders Council. 4 Davies Street (PO Box 40) WHITEMARK TAS 7255. Unauthorised communication by a Tenderer with any other Flinders Council representative, employee or agent, may lead to disqualification of that Tenderer’s submission.

3.3 TENDER SUBMISSION REQUIREMENTS

Tenders shall be submitted electronically or as hard copy, delivered by post (or courier) or by hand.


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Electronic submissions shall be sent to:

Email: [email protected]

Hard copy submissions shall be delivered to:

Address: FLINDERS COUNCIL WASTE MANAGEMENT ECI REQUEST Flinders Council. 4 Davies Street, WHITEMARK. Alternatively submissions can be sent to: Address: FLINDERS COUNCIL WASTE MANAGEMENT ECI REQUEST Flinders Council. PO Box 40, WHITEMARK TAS 7255.

3.4 CLOSING DATE FOR SUBMISSIONS

All Tenders must be submitted on or before 4pm on Wednesday the 8th of February, 2017.

It is the responsibility of Tenderers to ensure and confirm that Tenders have been received by

Flinders Council on or before the closing time and date.

3.5 LATE TENDER SUBMISSIONS

Tenders must be submitted on or before the closing date and time; late Tenders will not be

accepted.

3.6 NO OBLIGATION TO ACCEPT ANY TENDERS

Tenderers should note that submission of a Tender provides no guarantee that Flinders Council will:

Accept the Tender or any part of the Tender, or

Enter into an arrangement at any stage with the Tenderer to provide scope development or deliver the waste management solution or any part of the solution.

3.7 NO REPRESENTATION IS TO BE BINDING

In submitting a Tender, each Tenderer acknowledges that it does not rely on any warranty or

representation made by or on behalf of Flinders Council, and has relied entirely upon its own

enquiries and inspections in respect of the subject of its Tender.

3.8 RIGHT TO REJECT ANY TENDER SUBMISSIONS

Flinders Council may reject any Tender which in its opinion does not comply with the terms of this ECI Request.


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3.9 RIGHT TO SEEK CLARIFICATION

Flinders Council may seek clarification from any Tenderer if any aspect of their Tender is ambiguous or unclear.

3.10 PREPARATION OF TENDERS

Flinders Council will neither be responsible for, nor pay for, any expense or loss incurred by a

Tenderer for:

Preparing or lodging a Tender, or

Providing any additional information or clarification during the evaluation of a Tender.

4 ECI CONTRACTOR SELECTION PROCESS OVERVIEW

Flinders Council is seeking information from suppliers to deliver the Flinders Island Waste Management objectives.

Flinders Council has a delivery strategy that includes entering into a relationship‐based contract with an experienced supplier for detailed scope, specification and cost development and ultimate delivery of Flinders Island Waste Management.

The aim of this ECI Contractor Selection Process is to provide Flinders Council with sufficient confidence and understanding of the resources and capabilities of potential suppliers that will facilitate the selection of (ideally 2) ECI Contractors.

Tenderers are invited to demonstrate, through the provision of detailed supporting information, how, through the utilisation of supplier skills, experience, know‐how and resources, a value‐adding relationship based on transparent and accountable mechanisms will benefit Flinders Council in the realisation of the Council’s objectives.

5 RELATIONSHIP BASED CONTRACT MODEL

In recent times a number of innovative contract arrangements have been used to successfully procure and deliver works and services.

Fundamental to all the procurement models is the requirement to achieve value for money and to ensure probity and accountability for the outcomes.

One form of procurement type that has been used is referred to as Early Contractor Involvement (ECI). The ECI model has typically been used for large projects that may have previously been let for Tender under Design and Construct contracts.

The perceived benefits of the ECI model are that early involvement with ECI contractors provides for a more comprehensive understanding of the project objectives and for the joint development of detailed project scope, specification and likely cost.

Underlying the ECI model is the intention to develop and maintain a strong open and accountable relationship between the Principal and the ECI contractors, effectively forming a partnership with shared goals and objectives for delivery of the works.


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The fundamental aim is to achieve value for money with appropriate risk management in a transparent and accountable (auditable) framework.

The ECI or Relationship‐based model of contract consists of a two part process.

The first part involves the selection of ECI contractors, through an evaluation process of potential suppliers that the Principal will work with to jointly develop the detailed scope of works.

The second part involves the Principal engaging a supplier to deliver the fully scoped and priced deliverables.

The first part may require input from expert resources from the supplier over a period of two to three weeks. It is expected that the ECI contractors, during this period, would be able to provide high level support that may involve input from:

Senior strategic and business management advisors,

Waste Management specialist(s),

Operation management representative,

WHS representative,

Environmental and sustainability management representative,

Quality management representative, and

Engineering representatives(Civil/Mechanical)

The key elements that differentiate this type of procurement model from others is that, following the selection of an ECI contractor, the client and supplier work collaboratively in the scoping and development of the final contract deliverables.

There is no obligation of the Flinders Council to proceed with the second part with either ECI contractor. Flinders Council may elect not to accept either of the stage 2 offers following the stage 1 ECI phase and seek other contractors from the market to deliver the stage 2 services.

Tenderers should note that this ECI Request is being conducted in accordance with Flinders Council’s Code for Tenders and Contracts (as amended on 21 January 2016).

6 ECI CONTRACTOR SELECTION PROCESS

6.1 EVALUATION METHODOLOGY

The ECI contractor selection process will establish how Flinders Council can select a supplier that

offers the following:

Experience, ability, and capacity to assist in scope development of a waste management

solution and to carry out the waste management solution,

Value for money,


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Ability and willingness to enter into a relationship‐based form of contract, to become part of

the Flinders Council team in ensuring mutually beneficial outcomes,

Ability to provide a value proposition that is cost‐effective and expeditious in delivery,

Proactively seeks continuous improvement,

Proven track record in implementing and managing safety and environmental management

strategies, and

Compliance with this ECI Request and the Scope Development Services Agreement attached to

this ECI Request.

The Evaluation Criteria are detailed in Part 7 of the ECI Request.

The information requested will guide Flinders Council in how they may approach scope development

and ultimate delivery of the project through;

An understanding of the management structure and how this would work in a relationship‐

based contract, highlighting key personnel and their roles,

Implementing a collaborative approach in the establishment of the relationship through scope

development and the development of the final delivery framework,

Understanding the probable strategies to implement, manage, and conform with all

compliance requirements including Flinders Council requirements of safety, the environment,

sustainability and quality,

Understanding of a strategy for risk evaluation and risk management, and

Review the strategy for continuous improvement.

6.2 COST COMPONENT – ECI CONTRACTOR ASSESSMENT METHODOLOGY

6.2.1 Methodology and model description

The cost model, “Finders Island Waste Management” has been developed based upon the premise that an informed supplier, with reasonable general knowledge of Tasmania’s geographic and climatic conditions, would be able to provide indicative costs for a selected range of activities that would be anticipated for the works and services required for waste management in a remote location.

It is acknowledged that the information provided for the model assessment is of a general nature rather than specific. This is deliberate. It has been presented in this way so that cost estimates can be prepared as an exercise without the requirement for site inspections and a detailed and thorough knowledge of the actual landfill conditions that may be exist at any specific time.


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This evaluation process aims at identifying the suppliers expected costs associated with a range of typical activities and a number of higher level management deliverables that will be required to complete the waste management project.

The tasks, activities and other services that have been included in the pricing component do not represent an exhaustive list of all activities required for the delivery of the services; rather, they are considered representative of a subset of “typical” activities which could reasonably be expected to be employed during the fulfilment of a project of this nature.

There are four parts to the pricing component:

Schedule 1 – Schedule of rates for construction of a putrescible cell (indicative only).

Schedule 2 – Schedule of rates for recyclables management (indicative only).

Schedule 3 – Schedule of rates for kerbside collection (indicative only).

Schedule 4 – Schedule of rates for Scope and Delivery Development.

The anticipated profit margin for schedules 1, 2 and 3 will be expressed as a separate item and as an overall percentage

6.2.2 Scope and Delivery Development Costs

Note that for schedule 4 ‐ Scope and delivery development:

Schedule of rates for all personnel likely to participate in this stage 1 ECI process in developing

a scope of works for a waste management solution.

This item will identify the supplier’s expectations of costs associated with provision of liaison and scope development services. This task will require input from all areas of the supplier’s team, with input requirements varying throughout the course of the scope development process. Coordination and continuity management will be an important element of the process.

The costs in the schedules attached in Appendix C are expected to be representative of the full costs associated with the delivery of activities and services including administrative.

6.2.3 Scope and Delivery Development Time

Flinders Council anticipate that the stage 1 scope development component will take no more than

two to three (3) weeks to complete and will include:

One site visit over a two day period.

Site visit will include a workshop with Flinders Council personnel (Allow 4 hours).

Development of a comprehensive scope of works to achieve the Flinders Council waste

Management objectives.


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Development of comprehensive costings to deliver the Flinders Council waste Management

objectives.

7 EVALUATION CRITERIA

The following criteria will be used to objectively select the ECI contractors. The Schedules included in

Appendix C to be completed by Tenderers allow Tenderers to provide suitable information for

Flinders Council to be able to assess against these criteria.

1.0 Capability Assessment Criteria 1.1 Overall Capability.

Definition Demonstrated capability to assist in scope development of a waste management solution and to undertake the waste management solution.

Basis of Assessment Evidence of works with similar requirements; similar types

of projects.

Previous experience with Flinders Council, or similar entity and other similar types of projects.

Assessment Criteria 1.2 Technical Capability.

Definition Demonstrated Technical Capability.

Basis of Assessment Evidence of technical expertise.

CVs of key personnel to be involved in the work, demonstrating the supplier’s technical capability.

Evidence of experience.

Evidence of innovation.

Assessment Criteria 1.3 Practical Capability.

Definition Demonstrated capability to undertake the works efficiently

Basis of Assessment Details of work processes

Evidence of experience of similar projects

Assessment Criteria 1.4 Work in Remote Locations.

Definition Ability to undertake works in remote locations.

Basis of Assessment Details of working in remote location strategy.

Evidence of previous works undertaken in remote locations.

Details of contingency plans to manage works in remote locations.


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Evidence of communication systems available

2.0 Safety and Environmental Assessment Criteria 2.1 Safe working practices 1

Definition Demonstrated capability to undertake the works safely

Basis of Assessment Details of safety management plan /process to safely

undertake works.

Evidence of experience of working safely,

Assessment Criteria 2.2 Safe working practices 2

Definition Demonstrated capability to manage hazardous materials.

Basis of Assessment Details of safety management plan /process to safely

manage working with hazardous materials.

Evidence of experience of working safely with hazardous materials.


Definition Demonstrated ability to comply with legislative safety requirements.

Basis of Assessment Evidence of previous work with Flinders Council or a similar

entity.

Evidence of understanding legislative safety requirements

Evidence of Safety Risk Assessment Procedures

Assessment Criteria 2.4 Environmental management practices 1

Definition Demonstrated capability to manage environmental impacts

Basis of Assessment Details of environmental management plan to manage

waste products

Details of environmental management plan to capture, manage, and dispose of waste products

Details of environmental risk assessment procedures


Definition Demonstrated capability to manage environmental impacts, issues, and challenges

Basis of Assessment Details of environmental management plan and/or

methodologies.


Definition Demonstrated ability to comply with legislative environmental requirements.

Basis of Assessment Evidence of previous work with Flinders Council or a similar

entity.


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Evidence of understanding Legislative environmental requirements.

Evidence of consideration to Tasmanian Landfill Sustainability Guidelines (2004)

Assessment Criteria 2.7 Sustainability

Definition Demonstrated ability to perform work in a sustainable manner.

Basis of Assessment Details of Corporate policy in relation to sustainability.

Details of steps the Applicant proposes to take to ensure that work is performed in a sustainable manner.

3.0 Management and Supervision Assessment Criteria 3.1 Contract Management

Definition Ability to enter into relationship contract and collaborative scope development; compliance with this ECI Request and Scope Development Services Agreement attached to this ECI Request at Appendix B.

Basis of Assessment Details of contract management strategy

Evidence of previous experience and lessons learned.

Statement of intent and possible strategy

References.

Statement of Compliance

Assessment Criteria 3.2 Risk Management

Definition Ability to enter into collaborative risk management.

Basis of Assessment Details of risk management strategies.

Assessment Criteria 3.3 Management Personnel

Definition Ability to manage works collaboratively.

Basis of Assessment Details of management strategies.

CVs of management personnel.

References.

Assessment Criteria 3.4 Management Systems

Definition Demonstrated robust management systems

Basis of Assessment Accreditation.

Details of quality, safety, environmental management systems.

Details of reporting method/structure.


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Assessment Criteria 3.5 Site works supervision

Definition Demonstrated ability to provide effective site supervision

Basis of Assessment Details of site management strategies.

CVs of site manager(s).

References.

Assessment Criteria 3.6 Resources

Definition Demonstrated ability to provide effective resourcing

Basis of Assessment Details of resourcing strategies.

Details of resource contingency strategy

CVs of relevant resources.

References.

Assessment Criteria 3.7 Succession planning

Definition Demonstrated ability to effectively manage change of personnel pivotal to success of relationship

Basis of Assessment Details of succession planning strategies.

Key personnel

Details of Training strategies

References.

Assessment Criteria 3.8 Confidentiality

Definition Demonstrated ability to effectively manage confidential information

Basis of Assessment Details of confidential information management strategies.

4.0 Cost Assessment Criteria 4.1 Pricing Schedule 1

Definition Overall appreciation of Flinders Council intent to pursue collaborative scope development

Basis of Assessment Understanding of exercise.

Costs submitted

5.0 Insurance Details Assessment Criteria 5.1 Insurance

Definition Insurance requirements

Basis of Assessment Evidence of appropriate insurances, including certificates

of currency demonstrating, at a minimum:

a) Public liability insurance of not less than $20,000,000 per occurrence


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b) Workers Compensation insurance of not less than the minimum required by law;

c) Professional indemnity insurance of not less than $5,000,000 per occurrence.

6.0 Innovation Assessment Criteria 6.1 Innovative Solutions

Definition Demonstrated ability to deliver innovative Solutions

Basis of Assessment Details of similar works and innovative solutions

implemented.


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Flinders Island Waste Management ECI Request 19 Jan 17.docx 19/01/2017

APPENDIX A – TENDER CONDITIONS

1. Any person wishing to respond to this ECI Request in relation to the scope development of a waste management solution may do so by submitting a Tender in accordance with this ECI Request.

2. The Tenderer is required to submit its Tender strictly in accordance with all terms, conditions and requirements of this ECI Request.

3. The Tenderer must complete and include as part of its Tender, the Tender Form entitled ‘Waste Management ECI & EOI requests, January/February 2017’ provided with this ECI Request.

4. The Tenderer must complete and include as part of its Tender, all ‘Schedules to be Completed by the Supplier’ (Appendix C).

5. All Tenders must be in English and all prices quoted must be in Australian dollars.

6. The Tenderer warrants that it will not vary or withdraw its Tender within 90 days of the Closing Date and Time set out in part 3.4 of this ECI Request (‘Tender Validity Period’).

7. The Tenderer acknowledges and accepts that Flinders Council may be required by law to disclose documents or other information which forms part of the Tender (including disclosures required to be made by Flinders Council pursuant to the Local Government (General) Regulations 2015 (Tas), or the Right to Information Act 2009 (Tas)).

8. This ECI Request remains the property of Flinders Council and may only be used by a Tenderer for the purpose of preparing and submitting a Tender, and must not be used for any other purpose. This ECI Request, and all other documents provided by Flinders Council to a Tenderer in connection with this ECI Request, must be kept confidential by that Tenderer.

9. Tenderers will be taken to fully agree with and comply with this ECI Request and the Scope Development Services Agreement unless their Tender states otherwise.

10. If a Tender does not fully comply with this ECI Request and the Scope Development Services Agreement, the Tenderer must fill out and include a Statement of Compliance in its Tender (see Appendix C), specifying each condition requirement with which the Tenderer does not comply as well as reasons for that non-compliance or partial compliance. The degree of compliance by Tenderers will be part of the assessment criteria that Flinders Council will apply in selecting the successful Tenderer.

11. The Tenderer warrants that at the date of this ECI Request, no conflict of interest exists, or is likely to arise in the performance of any contract that may be awarded following consideration of the ECI Request, and that if during the term of any such contract awarded, a conflict of interest arises, the Tenderer must notify Flinders Council immediately in writing of that conflict.

12. Flinders Council may conduct an industry briefing in relation to the waste management project and the Flinders Council representative will notify all registered Tenderers of the time and place of any industry briefing. The Tenderer must nominate the number of personnel who will attend any industry briefing by forwarding to the Flinders Council representative the full name(s) of the Tenderer’s personnel that will attend the industry briefing.

13. Each Tenderer acknowledges that:

a) industry briefings may be conducted on any basis which Flinders Council (in its sole and absolute discretion) considers appropriate;

b) it will not in any way rely upon any information conveyed at any industry briefing for the purposes of preparing its Tender; rather the Tenderer will make its own enquiries and inspections in respect of the subject of its Tender.

14. Without limiting the contents of this ECI Request, Flinders Council may (in its sole and absolute discretion) issue addenda to vary the terms of this ECI Request by notifying all registered Tenderers.

15. In the event of any discrepancy or ambiguity in or between any of the documents comprising this ECI Request or if the Tenderer wishes to make any enquiry concerning the ECI Request, it must notify the Flinders Council representative named in Part 3.2 of this ECI Request. Answers to any such notices or


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questions may be given by Flinders Council in the form of Addenda and issued to all Tenderers.

16. Flinders Council will evaluate Tenders based on the evaluation criteria set out in Part 7 of this ECI Request.

17. Once Flinders Council has selected a Preferred Tenderer, Council will notify the Preferred Tenderer that its Tender has been successful in accordance with the Tender Process Timetable and within the Tender Validity Period.

18. The Preferred Tenderer will be required to enter into a formal contract (or contracts) with Council substantially in accordance with the Scope Development Services Agreement set out at Appendix B of this ECI Request. The terms and conditions of the Agreement may only be varied by agreement in writing by both parties. Flinders Council may require the directors of the Preferred Tenderer to guarantee the Preferred Tenderer’s performance under the Agreement. Once the Preferred Tenderer has been selected and has executed the Agreement, it will be required to provide the services outlined in the Agreement in compliance with the provisions of the Agreement.

19. No contractual relationship or other obligation arises between Flinders Council and any Tenderer unless and until a formal contract is signed by both parties. This clause 19 applies despite any oral or written advice to a Tenderer that a Tender is preferred or successful or has been, or will be, accepted.

20. Unsuccessful Tenderers will be notified within fourteen (14) days of either:

a) execution of the Agreement by the Preferred Tenderer; or

b) Flinders Council’s decision not to award the Agreement to any party.

21. Flinders Council will notify the Tenderers in writing if their Tender was unsuccessful. Within 14 days of receipt of a notice from Flinders Council under paragraph 20, stating that the Tenderer has been unsuccessful, the Tenderer must notify Flinders Council in writing whether or not a debrief is requested and, if so, whether the debrief is requested in writing or orally.

22. Where requested within the timeframe required under paragraph 21, Flinders Council will provide the Tenderer with a debrief at a suitable time after the award of the Agreement or decision by Flinders Council not to enter into an agreement with any party.

23. The Tenderer acknowledges that the purpose of the debrief is to discuss the reasons why the Tenderer’s proposal was unsuccessful or accepted (as the case may be) and that Flinders Council is not obliged to make any comparison with or provide any information about any other Tender at any debrief.

24. The Tenderer acknowledges and agrees that:

a) Flinders Council is under no obligation to accept the Tenderer’s proposal, makes no representation that it will enter into a contract with the Tenderer and may consider offers from other parties;

b) if Flinders Council considers (in its sole and absolute discretion) to end this procurement process at any time and for any reason, Flinders Council may do so by written notice to all Tenderers and Flinders Council may call for new Tenders;

c) this ECI Request does not constitute or give rise to a tender process contract; and

d) Flinders Council does not warrant the accuracy of the contents of this ECI Request and, to the extent permitted by law, Flinders Council and its directors, officers, advisers, employees and agents are not and will not be liable to any Tenderer, whether arising from negligence or otherwise, for any representation contained in, or any omission from, this ECI Request, or for any error, inaccuracy, incompleteness or other defect in the information contained in this ECI Request.

25. Flinders Council may amend this ECI Request at any time prior to the Closing Date and Time. Any such amendment will be issued in the form of an Addendum and will become part of this ECI Request . Tenderers are not entitled to and shall not rely on any statement as amending or adding to the ECI Request unless it is issued as an Addendum pursuant to this clause.


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APPENDIX B – SCOPE DEVELOPMENT SERVICES AGREEMENT


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FLINDERS ISLAND WASTE MANAGEMENT

SCOPE DEVELOPMENT SERVICES AGREEMENT

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AGREEMENT DETAILS

FLINDERS COUNCIL:

Name: Flinders Council ABN: 75 754 974 669

Address: 4 Davies Street, Whitemark TAS 7255 Ph: (03) 6359 5001

Flinders Council Representative: Jacci Viney Email: [email protected]

SUPPLIER:

Name: ABN:

Address: Ph:

Email:

Supplier’s Representative: Supplier’s Representative

Supplier’s Representative Email:

SERVICES:

The provision of scope, specification and costs development services in relation to waste management as detailed in Annexure A – Scope of Services

SERVICES FEES:

See Annexure B - Pricing Schedule– Schedule of rates for scope, specification and costs development


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FLINDERS COUNCIL WORKS MANAGER:

Mr Brian Barnewall – [email protected]

FLINDERS COUNCIL POLICIES:

Drugs and Alcohol Management Plan; Risk Management Policy; Anti-Discrimination, Harassment, and Bullying Policy;

and any other Flinders Island Council policy as may be advised to the Contractor by the Flinders Council at the

Contractor’s induction.

Applicable workplace health and safety policies as notified by Flinders Council to the Contractor from time to time.

INSURANCES:

Public Liability Insurance: $20,000,000 per event

Professional Indemnity Insurance: $5,000,000 per claim

Works Compensation Insurance: As required by law

DATES:

Commencement Date: TBC

Expiry Date: 30 days post commencement date

Further Term: N/A


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BACKGROUND

A. The Flinders Council owns and operates a landfill site for waste management located near Whitemark on Flinders Island. This facility is one of two landfills in the municipality and is a level 2 facility licenced through the Environment Protection Authority of Tasmania (EPA). The Flinders Council is also responsible for a level 1 landfill site on Cape Barren Island which is operated by the Cape Barren Island Aboriginal Association (CBIAA). The Flinders Council also provides waste transfer stations at Lady Barron and Killiecrankie.

B. Flinders Council wishes to engage an experienced Supplier to develop a scope, specification and costings in relation to a waste management solution on Flinders Island in compliance with Flinders Council’s waste management objectives detailed in the Flinders Council Waste Management Strategy.

C. The Parties agree the Supplier shall have a right to access Flinders Council’s Waste Management Facilities for the purposes of performing the Services and for a period permitted by the terms of this Agreement.

D. Flinders Council and the Supplier agree that the Supplier must carry out the Services and perform its other obligations on the terms of this Agreement.

E. The parties acknowledge (without limiting any provision of this Agreement) that:

(a) this Agreement is intended to:

(i) increase collaboration between Flinders Council and the Supplier and promote a "one team" culture; and

(ii) maximise the scope of work delivered for the available funds, to cost effectively achieve the waste management objectives; and

(b) major importance and value is placed on goodwill, good faith and cooperation between the parties for the attainment of mutual goals.


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EXECUTED as an Agreement on:

EXECUTED for and on behalf of FLINDERS COUNCIL (ABN 75 754 974 669) in the presence of:

.................................................................................................... Signature of authorised person

.................................................................................................... Name of authorised person (print)

.................................................................................................... Signature of witness

.................................................................................................... Name of witness (print)

EXECUTED by XXXX (ABN XX XXX XXX XXX):

pursuant to Section 127 of the Corporations

Act 2001:

Director Signature: ......................................................................

Director Name (Print):..................................................................

Director / Secretary Signature: ....................................................

Director / Secretary Name (Print): ...............................................


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GENERAL TERMS AND CONDITIONS

5

1 DEFINITIONS

In this Agreement, unless the contrary intention is expressed, defined terms have the meanings set out below and in the Agreement Details:

Agreement means the Agreement Details, these General Terms and Conditions and any annexures to these General Terms and Conditions.

Agreement Details means that part of this Agreement referred to as such.

Approval means any licence, permit, authorisation, consent, determination, accreditation, certificate or other requirement of any Authority.

Authority means any government authority, administrative or judicial body or tribunal, public authority or statutory corporation.

Business Day means any week day on which banks are generally open for business in Whitemark, Flinders Island, Tasmania.

Confidential Information means this Agreement, any information (regardless of form) disclosed or otherwise made available by a disclosing party to the party receiving the information, for, or in connection with this Agreement, including information which:

(a) is marked as being proprietary or confidential to the disclosing party; or

(b) in the circumstances surrounding disclosure, or because of the nature of the information, ought in good faith be treated as confidential;

whether the information was:

(c) disclosed or created before, or after the date of this Agreement; or

(d) disclosed as a result of discussions between the parties concerning or arising out of this Agreement.

Consequential Loss means loss or damage arising from a breach of contract, tort (including negligence), under statute or any other basis in law or equity including, but without limitation, the following: loss of profits, loss of revenue; loss of production, loss or denial of opportunity, loss of access to markets, loss of goodwill, loss of business reputation, future reputation or publicity and indirect, remote, abnormal or unforeseeable loss, or any similar loss whether or not in the reasonable contemplation of the parties at the time of execution of this Agreement.

Contract Material has the meaning given in clause 10.1(a).

Corporations Act means the Corporations Act 2001 (Cth).

Documents means all material stored by any means and produced or used by the Supplier which is relevant to the provision of the Services by the Supplier and any direction or agreement recorded in writing modifying or clarifying any matter relating to this Agreement.

ECI means Early Contractor Involvement.

Flinders Council Policies means the policies set out in the Agreement Details which may be reasonably amended from time to time at Flinders Council’s discretion.

GST has the meaning given in the GST Act.

GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth) and the related imposition Acts of the Commonwealth. Expressions defined in the GST Act have the same meaning when used in this Agreement.

Increased Fees means the proposed increase in the Services Fee in accordance with clause 3(b).

Insolvency Event means the happening of any of the following events in relation to a party:

(a) the party is unable to pay all the party's debts as and when they become due and payable or the party has failed to comply with a statutory demand as provided in

section 459F of the Corporations Act or the party is deemed to be unable to pay the party's debts under section 585 of the Corporations Act;

(b) notice is given of a meeting of creditors with a view to the party entering a deed of company arrangement;

(c) the party enters into a deed of company arrangement with creditors;

(d) an application is made to a court for the party to be wound up or a winding up order is made in respect of it;

(e) a controller, administrator or liquidator is appointed, as defined in the Corporations Act; or

(f) anything analogous or having substantially similar effect to any of the events listed above happens under any Legislative Requirement or applicable jurisdiction.

Intellectual Property Rights includes rights in relation to present and future copyright, Confidential Information, patents, inventions, registered and unregistered trademarks and registered or unregistered designs and includes any right to licence and sub-licence any of the above.

Legislative Requirements means acts, laws, ordinances, regulations, by-laws, orders, awards and proclamations whether Commonwealth, State or local.

Loss includes damage, loss (including Consequential Loss), cost, claim, liability or expense.

Project means the waste management scope, specification and cost development to be undertaken by the Supplier together with Flinders Council in accordance with the Project Documents and this Agreement.

Project Documents means the Scope of Services in Annexure A.

Services means the services defined in the Agreement Details and further detailed in Annexure A.

SOP Act means the Building and Construction Industry Security of Payment Act 2009 (Tas).

Supplier means the party set out in the Agreement Details.

Term means the term referred to in clause 2 and includes the Further Term where the context requires.

Waste Management Facilities means the tipping sites at Whitemark and Cape Barren Island and the waste transfer stations at Lady Barron and Killiecrankie.

2 TERM

This Agreement commences on the Commencement Date and, subject to clauses 3 and 14, continues until the Expiry Date (Term).

3 FURTHER TERM

(a) Flinders Council may extend the Term of this Agreement for the Further Term commencing on the day after the Expiry Date on providing written notice to the Supplier not less than [5] days before the Expiry Date.

(b) If the Supplier intends to propose an increase in the Services Fee to apply to the Further Term, it must notify Flinders Council of the proposed fee increase no later than [5] days before the Expiry Date.

(c) In determining whether to extend this Agreement, Flinders Council will consider:

(i) the performance of the Supplier in providing the Services;

(ii) whether the fee increase (if any) proposed by the Supplier to apply during the Further Term is acceptable to Flinders Council in its absolute discretion.


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(d) Any such extension will be on the same terms and conditions as set out in this Agreement, with the exception of this clause 3 which will be deleted.

(e) Notwithstanding this clause 3, Flinders Council is under no obligation to extend this Agreement for the Further Term.

4 PROVISION OF SERVICES

4.1 General requirements

The Supplier must provide the Services:

(a) with the due care and skill, and to a standard to be expected of a professional person both competent and experienced in providing services similar to the Services;

(b) to ensure that the Project is completed in accordance with Project Documents and all applicable Legislative Requirements;

(c) subject to clauses 3 and 14, from (and including) the Commencement Date to (and including) the Expiry Date, or by such other date as Flinders Council may direct by giving notice to the Supplier in writing;

(d) in accordance with the Agreement Details; and

(e) in accordance with Flinders Council’s reasonable directions and policies (including Flinders Council’s Policies).

4.2 Reporting

The Supplier will provide any reports to Flinders Council’s Representative which Flinders Council reasonably requires during the Term.

4.3 Early warning

The parties shall give each other early warning, by written notice, as soon as practicable after either of them becomes aware of any matter that may:

(a) delay or prevent the performance of the Services;

(b) impair the performance of the Services.

5 QUALITY OF SERVICES

5.1 Responsibility for Services

The Supplier remains fully responsible for all Services provided by the Supplier irrespective of any review or acceptance of those Services (or review or acceptance of any documents produced by the Supplier as part of the performance of the Services) by Flinders Council.

5.2 Fitness for Purpose Warranty

(a) The Supplier warrants to Flinders Council that the Services and all Contract Material are fit for their intended purpose.

(b) The Supplier indemnifies Flinders Council is respect of all Loss, damage or expense caused by, or contributed to as a result of, the Services and Contract Materials not being fit for their intended purpose.

5.3 Deficiency in Services

If Flinders Council is not reasonably satisfied with the quality of any part of the Services provided by the Supplier at any time:

(a) Flinders Council may refuse to provide payment for that part of the Services (Non-Performed Services);

(b) Flinders Council may perform, or have performed, the Non-Performed Services; and

(c) the Supplier indemnifies Flinders Council against all costs incurred by Flinders Council in connection with having the Non-Performed Services performed in accordance with clause 5.2(b) that exceed the costs that would have been incurred by Flinders Council if the Supplier had performed

the Non-Performed Services in accordance with this Agreement.

6 FEES AND PAYMENT

6.1 Services Fee

Provided that the Supplier complies with its obligations under this Agreement, Flinders Council will pay the Supplier for the Services in accordance with this clause 6.

6.2 Tax Invoice

The Supplier may provide the Flinders Council with a tax invoice on the [5th] day of each month, which must:

(a) be a valid tax invoice for the purposes of the GST Act;

(b) be delivered to the Flinders’ Council Representative set out in the Agreement Details;

(c) contain details of the Services provided by the Supplier up to the date of the invoice; and

(d) contain details of the basis for calculation of the amount set out in the invoice based on the rates set out in Annexure B.

6.3 Assessment of claim

(a) If Flinders Council disputes the amount claimed by the Supplier then within 10 Business Days after receipt of a tax invoice from the Supplier, Flinders Council will issue a payment certificate setting out the amount payable by Flinders Council and the reasons for the difference, including setting off for any amount which Flinders Council claims is owed by the Supplier to Flinders Council under this Agreement.

(b) If the tax invoice is a payment claim under the SOP Act, then the payment certificate is deemed to be a payment schedule under the SOP Act and the payment schedule may be given to the Supplier by email at the Supplier’s address set out in the Agreement Details.

6.4 Payment

Flinders Council will pay to the Supplier either:

(a) if clause 6.3 does not apply, the amount claimed by the Supplier in its tax invoice, by no later than the end of the calendar month after the tax invoice was received; or

(b) if clause 6.3 does apply, the amount set out in the payment certificate, by no later than the end of the calendar month after the payment certificate was issued.

7 ADJUSTMENT OF FEES

If Flinders Council exercises the option to extend this Agreement under clause 3, and accepts the Increased Fees proposed by the Supplier under clause 3(b), then the Increased Fees will apply instead of the Services Fee on and from the day after the Expiry Date for the duration of the Further Term.

8 VARIATION TO SERVICES

Neither party may vary the Services unless both parties agree in writing in relation to the scope and price of any such variation.

9 ACCESS TO WASTE MANAGEMENT FACILITIES

9.1 Access to Waste Management Facilities

Subject always to clause 9.2 and provided that the Supplier has complied with clause 11, Flinders Council will provide to the Supplier access to any part of the Waste Management Facilities as is reasonably necessary for the Supplier to carry out the Services.

9.2 Compliance with directions of Works Manager

The Works Manager has ultimate control of the access to the


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Waste Management Facilities and the Supplier must comply at all times with all directions given by the Works Manager.

9.3 Work health and safety

The Supplier acknowledges and agrees that during the Term (whether or not the provision of the Services requires the Supplier to enter the Waste Management Facilities), the Supplier must comply with all applicable Legislative Requirements in relation to work health and safety at all times while at the Waste Management Facilities or providing the Services.

10 INTELLECTUAL PROPERTY

10.1 Ownership

(a) Ownership of, and all Intellectual Property Rights in, any material produced by or on behalf of the Supplier in the course of providing the Services (Contract Material), vests on creation in Flinders Council.

(b) The Supplier will do all acts and execute all documentation (and require its employees and contractors to do all acts and execute all documentation) required to vest title in the Contract Material in Flinders Council.

10.2 Existing material

Clause 10.1 does not affect the ownership of or Intellectual Property Rights in any material developed by the Supplier prior to the creation of this Agreement or independently of the provision of the Services under this Agreement (Existing Material).

10.3 Licence

(a) Flinders Council grants to the Supplier a non-exclusive, royalty-free licence for the Term to use the Contract Material only for the purposes of performing its obligations under this Agreement.

(b) The Supplier grants to Flinders Council a perpetual, irrevocable, non-exclusive, royalty-free, transferable licence (with the right to sub-licence) to use any Existing Material required in order to use the Contract Material.

10.4 Warranty

The Supplier warrants that:

(a) the supply of the Services to Flinders Council and the licence granted by the Supplier pursuant to clause 10.3(b) does not infringe the Intellectual Property Rights (including moral rights) of any person; and

(b) it is entitled, and will be entitled at all relevant times, to deal with the Intellectual Property Rights as required under this clause 10.

11 INSURANCE AND RISK

11.1 Insurances

The Supplier must take out and maintain for the Term (and in the case of professional indemnity insurance, for the Term and a period of 6 years after this Agreement ends) the following insurance policies:

(a) public liability insurance for at least the amount specified in the Agreement Details (noting Flinders Council as an interested party);

(b) professional indemnity insurance for at least the amount specified in the Agreement Details (noting Flinders Council as an interested party);

(c) workers’ compensation insurance as required by law; and

(d) any other insurance set out in the Agreement Details which Flinders Council (acting reasonably) may require,

and must provide certificates of currency for such insurance policies to Flinders Council prior to the Commencement Date, on renewal of those policies and otherwise on Flinders Council’s request.

11.2 Insurance of subcontractors

The Supplier must ensure that any subcontractors engaged to provide any part of the Services are insured to a level commensurate with the insurance obligations of the Supplier under this clause 11.

11.3 Survival

This clause 11 survives any termination or expiry of this Agreement.

12 INDEMNITIES

The Supplier is liable for and agrees to indemnify and keep indemnified Flinders Council, its officers, employees, agents, contractors and consultants against all Loss (including legal costs and expenses on a solicitor/own client basis), liability (including for any liability for loss or damage to property, or injury or death to any person) and claims, actions or demands by any person, arising directly or indirectly from or in connection with any one or more of the following:

(a) the provision of the Services by the Supplier or any employees or agents of the Supplier;

(b) any infringement of any Intellectual Property Rights by the Supplier or any employees or agents of the Supplier;

(c) the breach of any provision of this Agreement by the Supplier or any employees or agents of the Supplier;

(d) the breach of any Legislative Requirement by the Supplier or any employees or agents of the Supplier;

(e) the breach of, or any failure to have or maintain, any required licences, Approvals, authorisations or permits in respect of the Services or this Agreement by the Supplier;

(f) any interruption to the operations of waste management caused or contributed to by the Supplier or any employee, agent or invitee of the Supplier;

(g) any negligence of the Supplier or any employees, or agents of the Supplier in respect of this Agreement; or

(h) any liability to pay any tax, duty, levy, impost or other charge arising in relation to the Services or in respect of any of personnel of the Supplier used to provide the Services,

except to the extent that any loss, liability or claim is caused by the negligence or default of Flinders Council.

13 NEGATION OF EMPLOYMENT AND AGENCY

13.1 Exclusion of relationships

The parties acknowledge and agree that this Agreement and the performance of this Agreement does not represent or imply a partnership, agency, fiduciary relationship, employment relationship, joint venture, distribution or any other category of commercial or personal relationship between the parties recognised at law or in equity as giving rise to forms of specific rights and obligations.

13.2 Independent Supplier

The Supplier acknowledges that:

(a) it is an independent contractor and provides the Services in that capacity only;

(b) under no circumstances will the Supplier, or any employee or agent of the Supplier, be considered to be the employee, servant or agent of Flinders Council; and

(c) neither the Supplier, nor any employee or agent of the Supplier, will have any claim against Flinders Council in respect of any entitlement more commonly associated with employment relationships including annual leave, public holidays, personal leave, long service leave, or otherwise nor in respect of claims under any workers’ compensation legislation.


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14 TERMINATION

14.1 Termination for Default

(a) Either party (the Non-Defaulting Party) may terminate this Agreement by giving the other party (the Defaulting Party) notice if:

(i) the Defaulting Party repudiates its obligations under this Agreement;

(ii) the Defaulting Party does not comply with an obligation under this Agreement and, in the Non-Defaulting Party’s reasonable opinion, either the non-compliance can be remedied, but the Defaulting Party does not remedy it within 14 days after the Non-Defaulting Party gives the Defaulting Party notice to remedy it or the non-compliance cannot be remedied; or

(iii) an Insolvency Event occurs in respect of the Defaulting Party.

(b) Where this Agreement is terminated:

(i) the Defaulting Party indemnifies the Non-Defaulting Party against any liability or loss arising and any cost incurred (whether before or after termination of this Agreement) in connection with the Defaulting Party’s breach of this Agreement and the termination of this Agreement;

(ii) the Non-Defaulting party must take reasonable steps to mitigate its loss;

(iii) the parties are relieved from future performance of this Agreement without prejudice to any right of action that has accrued prior to the date of termination; and

(iv) rights to recover damages are not affected by the termination.

14.2 Termination for convenience

(a) Either party may also terminate this Agreement at any time for its sole convenience, and for any reason, by giving 14 days written notice to the other party. The termination will be effective from the date stated in the notice.

(b) If this Agreement is terminated under this clause 14.2, Flinders Council will only be liable for payment for any Services completed by the Supplier in accordance with this Agreement up to date of termination.

14.3 General obligations after termination

Upon termination of this Agreement for any reason the Supplier will return all material received from Flinders Council in relation to this Agreement.

15 ASSIGNMENT AND SUB-CONTRACTING

(a) The Supplier shall not assign or subcontract the whole or any part of the Services without the prior written consent of Flinders Council.

(b) The Supplier remains responsible for the provision of the Services despite that the Supplier has subcontracted or assigned the provision of any part of the Services, and must ensure that all subcontractors or assignees have and retain the insurances required under clause 11.

16 ENTIRE AGREEMENT

(a) The covenants, warranties, agreements and provisions contained in this Agreement comprise the entire agreement between the parties about its subject matter.

(b) The Supplier’s standard or usual terms and conditions of supply are expressly excluded with the effect that this Agreement exclusively applies and constitutes the entire

agreement between the parties.

17 GST

(a) Unless otherwise stated in this Agreement, all amounts payable by one party to another party under this Agreement are GST exclusive.

(b) If GST is imposed or payable on any supply made by a party under this Agreement, the recipient of the supply must pay to the supplier, in addition to the GST exclusive consideration for that supply, an additional amount equal to the GST exclusive consideration multiplied by the prevailing GST rate. The additional amount is payable at the same time and in the same manner as the consideration for the supply.

18 CONFIDENTIALITY

(a) The Supplier must not disclose any Confidential Information of Flinders Council given or received in connection with this Agreement.

(b) This clause does not apply to information which is or becomes a part of the public domain otherwise than by a breach of this clause 18, information which is disclosed to representatives of the Supplier who may need such information to enable the Supplier to fulfil its obligations under this Agreement or any information which is required to be disclosed pursuant to any Legislative Requirement.

(c) The Supplier acknowledges that Flinders Council may require the Supplier to sign a confidentiality undertaking, in a form acceptable to Flinders Council, prior to undertaking particular Services.

19 CONFLICT OF INTEREST

The Supplier must immediately notify Flinders Council of the existence or likelihood of a conflict of interest as soon as it becomes apparent to the Supplier and cooperate with Flinders Council to resolve such conflict of interest.

20 DISPUTES

20.1 Notice

If a party has a dispute or complaint against the other, that party (Notifying Party) must notify the other party in one of the ways described in clause 21. The Notifying Party must ensure that the Dispute Notice contains specific details identifying the nature of the dispute or complaint.

20.2 Best endeavours to resolve

Both parties within 21 days of the delivery of a dispute notice will meet and use their best endeavours to resolve the dispute or complaint to the mutual satisfaction of both parties as soon as possible.

20.3 Mediation

(a) If the parties are not able to reach a resolution of the dispute or complaint within a reasonable period of time (in any event being no more than 21 days after the date of receipt of the dispute notice) (Dispute Period), the dispute or complaint is by this clause 20.3 submitted to mediation.

(b) The mediation must be conducted on Flinders Island.

(c) The Institute of Arbitrators and Mediators Australia Mediation and Conciliation Rules (as at the date of this Agreement) as amended by this clause 20 apply to the mediation, except where they conflict with this clause 20.

(d) If the parties have not agreed upon the mediator within 5 Business Days after the Dispute Period the mediator is the person appointed by the President of the Institute of Arbitrators and Mediators Australia, Tasmania Chapter (President) or the President's nominee, acting on the


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request of any party to the dispute or complaint.

(e) The parties must pay the mediator's remuneration in equal shares. Each party must pay its own costs of the mediation.

(f) If the mediation does not resolve the dispute or complaint within twenty 20 Business Days after the Dispute Period then either party may commence a court action or proceedings.

20.4 Exceptions

Nothing in this clause 20 prevents:

(a) either party from seeking urgent interlocutory relief; or

(b) Flinders Council from seeking recovery for any claim that it reasonably considers to be a monetary claim,

from a Court of competent jurisdiction or, in the case of clause 20.4(b), from a debt collection agency, or by such other manner as is appropriate in the circumstances; or

(c) either party from exercising its right to terminate this Agreement under clause 14.

20.5 Continuing obligations

The parties agree to continue to perform their obligations under this Agreement, notwithstanding the existence of a dispute or complaint.

21 NOTICES

(a) A notice or other communication to be given or made under this Agreement must be in writing and addressed to the Representative of each of the parties at the address or email address (as the case may require) outlined in the Agreement Details.

(b) However, if the intended recipient has notified a changed postal address, or email address, then the communication must be to that postal address or email address.

22 GENERAL

(a) An amendment or variation to this Agreement is not effective unless it is in writing and signed by the parties.

(b) Each party must at its own cost do all things reasonably necessary to give effect to this Agreement.

(c) The failure of a party at any time to require full or partial performance of any provision of this Agreement does not affect in any way the full right of that party to require that performance subsequently.

(d) If any provision or part of any provision of this Agreement is void, invalid or unenforceable for any reason, that provision or part of that provision may be severed from this Agreement and does not affect the validity, operation or enforceability of any other provision of this Agreement, unless the severance would change the underlying principal commercial purpose or effect of this Agreement.

(e) This Agreement is governed by the law of Tasmania, and the parties submit to the jurisdiction of the courts of Tasmania.


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ANNEXURE A

SCOPE OF SERVICES

1. The scope of services for the Flinders Island Waste management scope, specification and costs

development includes but may not be limited to the following:

Site Inspections. Participation in a workshop that will facilitate the ECI stage 1 process including but not limited to:

1) Scope and specification development 2) Safety Management 3) Environmental Management 4) Commercial strategy 5) Relationship development & maintenance

Development of the scope and execution plan for Flinders Island Waste Management. Development of a safety management plan Development of an environmental & sustainability management plan Development of a risk management plan Development of a relationship management plan

2. The ECI stage 1 process will be directed by the Flinders Council representative but managed in

collaboration with the Supplier.

3. There will be open book management of costs throughout the Term of the Agreement. The Supplier must

provide Flinders Council weekly financial updates setting out details of the Services performed and the cost of

those Services using the rates set out in Annexure B.

4. The Supplier acknowledges that Flinders Council has no obligation to enter into a contract with the Supplier

for the delivery of the waste management solution developed under this Agreement.


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ANNEXURE B

Pricing Schedule – Schedule of rates for Scope, Specification and Costs Development.

Personnel Rate Amount

Senior strategic and business management advisors $/hr

Waste Management specialist $/hr

Operations management representative $/hr

OH&S representative $/hr

Environmental and sustainability management

representative $/hr

Quality management representative $/hr

Engineering representatives $/hr

$/hr

$/hr

Expenses Rate Amount

Accommodation (Board and lodgings) Per

Day

Travel Return

Trip

Vehicle Hire Per

Day


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APPENDIX C – SCHEDULES TO BE COMPLETED BY THE TENDERER


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Flinders Island Waste Management Schedules to be completed by Supplier Rev0 13‐12‐2016

FLINDERS ISLAND WASTE MANAGEMENT SCHEDULES TO BE COMPLETED BY THE TENDERER General requirements The Tenderer is to complete the attached schedules, providing the information described. Flinders Council will use the information for the purpose of selecting the ECI contractors. Please note the following important points concerning the information to be provided:

Information should, wherever possible, be specific to this ECI Request, not

generic in nature;

Where details of work processes, strategies etc are requested, an outline of

what the Tenderer actually proposes to do is required, rather than a generic

document or a mere statement that the Tenderer will comply with

requirements;

Where evidence is requested, specific examples of the relevant activity or

matter should be provided; and

The Tenderer should attach any relevant detailed supporting information

that will assist Flinders Council in carrying out the assessment process.

The schedules are as follows: 1.0 Capability

1.1 Overall Capability.

1.2 Technical Capability.

1.3 Practical Capability.

1.4 Work in Remote Locations.


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2.0 Safety and Environmental

2.1 Safe working practices 1



2.4 Environmental management practices 1



2.7 Sustainability 3.0 Management and Supervision

3.1 Contract Management

3.2 Risk Management

3.3 Management Personnel

3.4 Management Systems

3.5 Site works supervision

3.6 Resources

3.7 Succession planning

3.8 Confidentiality 4.0 Cost

4.1 Pricing Schedules 5.0 Insurance

5.1 Insurance

6.0 Innovation

6.1 Innovative Solutions


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1.0 Capability

Assessment Criteria 1.1 Overall Capability.

Definition Demonstrated capability to assist in scope development of a waste management solution and to deliver the waste management solution.

Basis of Assessment Evidence of works with similar requirements; similar types of projects.

Previous experience with Flinders Council, or similar entity and other similar types of projects.


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Assessment Criteria 1.2 Technical Capability.

Definition Demonstrated Technical Capability.

Basis of Assessment Evidence of technical expertise.

CVs of key personnel to be involved in the work, demonstrating the supplier’s technical capability.

Evidence of experience.

Evidence of innovation.


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Assessment Criteria 1.3 Practical Capability.

Definition Demonstrated capability to undertake the works efficiently

Basis of Assessment Details of work processes

Evidence of experience of similar projects


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Assessment Criteria 1.4 Work in Remote Locations.

Definition Ability to undertake works in remote locations.

Basis of Assessment Details of working in remote location strategy.

Evidence of previous works undertaken in remote locations.

Details of contingency plans to manage works in remote locations.

Evidence of communication systems available


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2.0 Safety and Environmental


Definition Demonstrated capability to undertake the works safely

Basis of Assessment Details of safety management plan /process to safely undertake works.

Evidence of experience of working safely,


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Definition Demonstrated capability to manage hazardous materials.

Basis of Assessment Details of safety management plan /process to safely manage working with hazardous materials.

Evidence of experience of working safely with hazardous materials.


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Definition Demonstrated ability to comply with legislative safety requirements.

Basis of Assessment Evidence of previous work with Flinders Council or a similar entity.

Evidence of understanding legislative safety requirements

Evidence of Safety Risk Assessment Procedures


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Definition Demonstrated capability to manage environmental impacts

Basis of Assessment Details of environmental management plan to manage waste products

Details of environmental management plan to capture, manage, and dispose of waste products

Details of environmental risk assessment procedures


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Definition Demonstrated capability to manage environmental impacts, issues, and challenges

Basis of Assessment Details of environmental management plan and/or methodologies.


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Definition Demonstrated ability to comply with legislative environmental requirements.

Basis of Assessment Evidence of previous work with Flinders Council or a similar entity.

Evidence of understanding Legislative environmental requirements.

Evidence of consideration to Tasmanian Landfill Sustainability Guidelines (2004)


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Assessment Criteria 2.7 Sustainability

Definition Demonstrated ability to perform work in a sustainable manner.

Basis of Assessment Details of Corporate policy in relation to sustainability.

Details of steps the Applicant proposes to take to ensure that work is performed in a sustainable manner.


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3.0 Management and Supervision

Assessment Criteria 3.1 Contract Management

Definition Ability to enter into relationship contract and collaborative scope development; compliance with this ECI Request and Scope Development Services Agreement attached to this ECI Request

Basis of Assessment Details of contract management strategy

Evidence of previous experience and lessons learned.

Statement of intent and possible strategy

References

Statement of Compliance (see below) Statement of Compliance Each Tenderer must fill out the table below noting all areas of non-compliance or partial compliance regarding the ECI Request and the Scope Development Services Agreement. Where the Tenderer does not/cannot comply with any requirement it must provide an explanation of the non-compliance in the relevant column (or an attached sheet if more room is required). Tenderers are also required to explain the reason for the relevant non-compliance or partial compliance and propose alternative wording (i.e. to the Agreement) if relevant.

Clause in ECI Request /

Agreement Compliance

(Yes, No, Partial)

Explanation for non-compliance/partial compliance/proposed alternative wording

* Use additional paper if more space is required.


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Assessment Criteria 3.2 Risk Management

Definition Ability to enter into collaborative risk management.

Basis of Assessment Details of risk management strategies.


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Assessment Criteria 3.3 Management Personnel

Definition Ability to manage works collaboratively.

Basis of Assessment Details of management strategies.

CVs of management personnel.

References.


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Assessment Criteria 3.4 Management Systems

Definition Demonstrated robust management systems

Basis of Assessment Accreditation.

Details of quality, safety, environmental management systems.

Details of reporting method/structure.


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Assessment Criteria 3.5 Site works supervision

Definition Demonstrated ability to provide effective site supervision

Basis of Assessment Details of site management strategies.

CVs of site manager(s).

References.


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Assessment Criteria 3.6 Resources

Definition Demonstrated ability to provide effective resourcing

Basis of Assessment Details of resourcing strategies.

Details of resource contingency strategy

CVs of relevant resources.

References.


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Assessment Criteria 3.7 Succession planning

Definition Demonstrated ability to effectively manage change of personnel pivotal to success of relationship

Basis of Assessment Details of succession planning strategies.

Key personnel

Details of Training strategies

References.


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Assessment Criteria 3.8 Confidentiality

Definition Demonstrated ability to effectively manage confidential information

Basis of Assessment Details of confidential information management strategies.


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4.0 Costs

Assessment Criteria 4.1 Pricing Schedule

Definition Overall appreciation of Flinders Council intent to pursue collaborative scope development

Basis of Assessment Understanding of exercise.

Costs submitted SUPPLIER TO COMPLETE PRICING SCHEDULES 1, 2, 3 AND 4 Pricing Schedule 1 – Schedule of rates for construction of a putrescible cell

(indicative only).

Pricing Schedule 2 – Schedule of rates for recyclables management

(indicative only).

Pricing Schedule 3 – Schedule of rates for kerbside collection (indicative

only).

Pricing Schedule 4 – Schedule of rates for Scope and Delivery Development.

The anticipated profit margin for schedules 1, 2 and 3 will be expressed as a separate item and as an overall percentage.


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Pricing Schedule 1 – Schedule of rates for construction of a putrescible

cell.

Item Description Quantity Unit Rate ($) Amount ($)

1.00 On and off site management and administration associated with the Works (Breakdown to be provided) 1 Item

2.00 Mobilisation and demobilisation 1 Item

3.00 Logistics* (Breakdown to be provided) 1 Item

4.00 Lining materials 1 Item

5.00 Cell construction 1 Item

6.00 Leachate Management System 1 Item

7.00 Management Plans 1 Item 8.00 Contractor’s site facilities including portaloo,

crib room if required 1 Item

9.00 Profit 1 %

TOTAL:


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Pricing Schedule 2 – Schedule of rates for recyclables management.




3.00 General labour (Breakdown to be provided) 1 Item

4.00 Establishment of sorting and recycling centre 1 Item

5.00 Additional equipment requirements (Details to be provided) 1 Item

6.00 Packaging and removal “off Island” 1 Item

7.00 Management Plans 1 Item 8.00 Profit

1 %

TOTAL:


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Pricing Schedule 3 – Schedule of rates for kerbside collection.

Item. Description Quantity Unit Rate ($) Amount ($)

1.00 Management and administration associated with the Works (Breakdown to be provided) 1 Item



4.00 Plant and equipment requirements 1 Item

5.00 Annual Operational Costs (Breakdown to be provided) 1 Item

6.00 Management Plans 1 Item 7.00 Profit

1 %

TOTAL:


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Pricing Schedule 4 – Schedule of rates for Scope and Delivery

Development.

Personnel Rate Amount Senior strategic and business management

advisors $/hr

Waste Management specialist

$/hr


OH&S representative

$/hr

Environmental and sustainability management

representative $/hr

Quality management representative

$/hr


$/hr

$/hr

Expenses Rate Amount Accommodation (Board and lodgings) Per

Day Travel Return

Trip Vehicle Hire Per

Day


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5.0 Insurance

Assessment Criteria 5.1 Insurance

Definition Insurance requirements

Basis of Assessment Evidence of appropriate insurances, including certificates of currency demonstrating, at a minimum:

a) Public liability insurance of not less than $20,000,000 per occurrence

b) Workers Compensation insurance of not less than the minimum required by law;

c) Professional indemnity insurance of not less than $5,000,000 per occurrence.


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6.0 Innovation

Assessment Criteria 6.1 Innovative Solutions

Definition Demonstrated ability to deliver innovative Solutions

Basis of Assessment Details of similar works and innovative solutions implemented.


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APPENDIX D – MODEL SCOPE


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MODEL SCOPE

Flinders Island Waste Management

Costing Model

Desktop study for cost evaluation purposes only


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Flinders Island Waste Management Model Scope – costing schedules Rev0 13/12/2016 Page 2 of 7

Contents

1 Executive Summary ..................................................................................................................... 3

2 Theoretical Model Background .................................................................................................. 3

3 Model Scope ................................................................................................................................. 3

4 Compliance Requirements ......................................................................................................... 5

5 Putrescible Cell Construction - Cost Schedule ........................................................................ 5

6 Recyclables - Cost Schedule ..................................................................................................... 6

7 Kerbside Collection - Cost Schedule ......................................................................................... 6

8 Proposed Schedule of Rates for ECI Scope Development ................................................... 7


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1 Executive Summary

The purpose of this document is to present a costing model to provide Flinders Council with an ability to objectively assess and compare anticipated or expected costs between suppliers. It is a theoretical model and intended to be used for evaluation purposes only. It is not intended to yield final project costs.

It is important to recognise that the cost model used in this assessment exercise, whilst in general terms reflects some of the types of work required to undertake waste management, it is a theoretical model and presented in simple form so that a desk‐top process and review can be undertaken.

2 Theoretical Model Background

For the purposes of this model suppliers are to assume the following:

The location of the proposed works is Flinders Island, Tasmania.

Climatic conditions as per Flinders Island, Tasmania.

The population is 1000 persons with two townships (Whitemark and Lady Barron)

accounting for circa 40% of the population.

Average three persons per household.

Farming is the predominant activity and there is a small abattoir on the Island.

‘Greenfield’ waste management facility area of circa 40 hectares.

All waste except sewage sludge to be delivered to waste management facility.

Road network of 450km.

Existing sealed access road to proposed facility.

Life of the facility will be 5 years.

3 Model Scope

The scope is for the delivery of theoretical model components. Flinders Council appreciates that

assumptions will need to be made and request that in developing the ‘desktop’ costings that

suppliers detail assumptions and caveats and as much other useful, relevant information that will

assist Flinders Council with its assessments.

This model scope includes the following requirements:

Provision of a suitably sized putrescible cell.

Supplier to determine and cost:

I. Size of cell required, II. Construction materials, III. Leachate management system,


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IV. Mobilisation/Demobilisation, V. Construction (including time to construct), VI. Design, Management and administration, VII. Safety, Quality and Environmental Management Plans, and VIII. Logistics (Accommodation/Travel/Freight).

Establishment and management of recyclables


I. Establish collection zones, II. Propose materials to recycle, III. Establishment of sorting and recycling centre, IV. Packaging and removal ‘off island’, V. Labour, management and administration, and VI. Logistics (Accommodation/Travel/Freight).

Establishment and management of ‘Island Wide’ kerbside collection (Putrescible and

recyclable)


I. Mobilisation, II. Plant & equipment requirements, III. Labour requirements, IV. Operational costs, V. Management and Administration

Costings and the broad scope of the works should include but not necessarily limited to:

Project Establishment, health and safety controls, environmental controls, quality controls,

tools and equipment, onsite co‐ordination and housekeeping.

Removal of all temporary works and restoration of site.

Accommodation and other facilities and equipment as required by the supplier’s personnel.

On site facilities including portable toilet, cribbing room and office.

On and off site administration associated with the Works.

Initial site establishment and final site disestablishment.

Training.

All presentation works and set‐up on site, including manufacture of any specialised

equipment necessary to complete the works.

Construction of all works.

Development of operations, safety, environmental and quality management plans.


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Flinders Council recommend that the suppliers provide as much information as possible to allow the

Council to complete an objective assessment and compare anticipated or expected costs between

suppliers.

4 Compliance Requirements

The Supplier will allow to fully comply with all legislative requirements including, but not limited to:

Tasmanian Work Health and Safety Act 2012

Tasmanian Work Health and Safety Regulations 2012

Environmental Management and Pollution Control Act 1994.

Environmental Management and Pollution Control (Waste Management) Regulations 2010.

The Supplier will also allow to fully comply with the relevant Industry Standards and Codes of

Practice.

5 Putrescible Cell Construction - Cost Schedule



2.00 Mobilisation and demobilisation 1 Item


4.00 Lining materials 1 Item

5.00 Cell construction 1 Item

6.00 Leachate Management System 1 Item

7.00 Management Plans 1 Item

8.00 Contractor’s site facilities including portaloo, crib room if required 1 Item

9.00 Profit 1 %

TOTAL:

*Logistics include freight, flights accommodation etc


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6 Recyclables - Cost Schedule





4.00 Establishment of sorting and recycling centre 1 Item

5.00 Additional equipment requirements (Details to be provided) 1 Item

6.00 Packaging and removal “off Island” 1 Item


8.00 Profit 1 %

TOTAL:

7 Kerbside Collection - Cost Schedule

Item. Description Quantity Unit Rate ($) Amount ($)

1.00 Management and administration associated with the Works (Breakdown to be provided) 1 Item



4.00 Plant and equipment requirements 1 Item

5.00 Annual Operational Costs (Breakdown to be provided) 1 Item


7.00 Profit 1 %

TOTAL:

*Logistics include freight, flights accommodation etc


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8 Proposed Schedule of Rates for ECI Scope Development

The following table contains a list of possible resources that the Supplier may utilise during the

scope development phase.

Personnel Rate Amount

Senior strategic and business management advisors $/hr

Waste Management specialist $/hr


OH&S representative $/hr

Environmental and sustainability management representative $/hr

Quality management representative $/hr


$/hr

$/hr

Expenses Rate Amount

Accommodation (Board and lodgings) Per Day

Travel Return Trip

Vehicle Hire Per Day


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