1. Objectives

1.1. Loddon Shire Council (Council) is seeking to appoint a panel of contractors for Civil Infrastructure works for construction and maintenance. The contract is for a term of five (5) years with an option to extend for a further two (2) years, at Council’s discretion.

1.2. The successful contractors will be given an opportunity to review the pricing annually from the contract commencement date. Such rate adjustment will be generally in accord with the June quarter Melbourne Group CPI index unless further justification is made. The request for rate adjustment is the Contractor’s responsibility; it must be by written request, applied for within three months of the contracts anniversary and will not be “back-dated”.

Subject to Councils acceptance, the reviewed rates will be current for the next (12) months.

1.3. In conjunction with Councils’ ongoing monitoring process’s a twelve (12) monthly contract review will be conducted throughout the term of the contract. This process will involve development of contract benchmarks and performance monitoring.

1.4. The successful contractors must have readily available the appropriate resources along with suitably trained, qualified and licensed operators, capable of executing works in order to meet Council’s timelines, quality, environmental and safety standards.

2. Conditions of appointment

2.1. The Council may add new members to the Panel at any stage by whatever method it deems appropriate.

2.2. Any member may withdraw from the Panel at any time, except during a quotation or tender process in which it has been invited to participate.

2.3. The Council is not bound to invite all members of the Panel to bid for a particular assignment. For example, it may become clear to the Council that certain contractors are more capable than others in particular fields.

2.4. The Council reserves the right to bypass the Panel and publicly advertise any particular assignment if deemed by Council to be appropriate. Any member of the Panel can bid for a public tender or quotation.

2.5. Council does not guarantee that any value of assignments will be offered for bidding during a financial year.

3. Civil Infrastructure works for construction and maintenance

3.1. Works required will be construction, repairs, maintenance or rehabilitation of:

• Sealed Roads

- Shoulder reconstruction

- Linemarking

- Pavement spray sealing works

• Unsealed roads

- Gravel resheeting

- Shoulder reconstruction

- Pot hole repairs

• Footpaths

- Gravel

- Concrete

- Asphalt

• Drainage

- Pits

- Pipes

- Box culverts

- and open drains in urban and rural areas

4. Occupational Health and Safety

The Contractor is obligated to provide and maintain, so far as is practicable, a working environment for its employees and members of the public, that is safe and without risk to health. As a condition of this contract, Council requires that any Contractors or Subcontractors that may be engaged to perform a service on its behalf will at all times identify and exercise all necessary precautions for the OHS of all persons including the Contractor’s employees, the Council’s employees and members of the public who may be affected by the services.

The Contractor will inform itself of all OHS policies, procedures or measures implemented or adopted by Council. The Contractor will comply with all such policies, procedures or measures; and in the event of any inconsistency, will comply with such procedures or measures as will produce the highest level of OHS.

The Contractor will comply with any and all directions by Council relating to OHS.

5. Quality of Work Performance

Upon inspection by the Superintendent or their Representative, if works are faulty, 48 hours’ notice will be given to the Contractor to rectify any defective materials or workmanship. All rectification shall be done by the Contractor at no additional cost to Council.

Should the Contractor fail to make good of any situation to the satisfaction of the Superintendent or their Representative, Council may arrange to have the necessary works undertaken and recover all costs from the Contractor.

The Contractor may be required on request, to meet with the Superintendent or their Representative to inspect works or review progress.

The Contactor shall be responsible for making good any damage caused to property at the work site while working under this Contract.

All materials supplied under the Contract shall be to the satisfaction of the Superintendent or their Representative.

6. Cleaning Up

During the performance of the works, the Contractor must ensure the work site is maintained in a clean and tidy condition acceptable to the Superintendent or their Representative. At the completion of works the Contractor shall leave the site clean to the satisfaction of the Superintendent or their Representative.

This shall include removal of all rubbish and debris and reinstatement at the completion of works, and other periods as nominated by the Superintendent or their Representative.

Failure to clean the site will result in written notification to the Contractor requiring immediate action and should an unreasonable delay occur the cost to clean the site by another party will be recovered from the Contractor.

7. Purchase Orders, Invoicing and Payments

No works shall begin without the Contractor receiving an authorised purchase order, except for situations of genuine emergency, in which case a purchase order shall be generated as soon as possible.

Payments for work will be based on the quoted price for the specific project.

Payments for maintenance work shall be made for the time taken for the Contractor to complete the project commencing from time of arrival at the site to the time of completion at the site. The tendered hourly rate will only be paid for the time spent on the work site in performance of the work. General travelling time is excluded except for purchase of materials, and specialist services. Travelling time between work sites is also excluded and will not be paid by Council. No payment shall be paid for lunch or any other work breaks.

The rate tendered in the “Schedule of Rates” shall be used in determining the amounts owed to the Contractor.

The Superintendent or their Representative shall record and maintain a record of the location of works, the type of work, time Contractor was notified, Order Number issued and date of satisfactory completion of works. The Contractor’s works claim invoices shall be verified from these records.

7.1. Minimum Hours Fee

If the duration of the work in an entire day is less than one (1) hour then a Minimum Hours Fee equivalent to one (1) hour per day at the “normal hourly” rate shall be paid for routine work between 7:00am and 5:00pm, Monday to Friday.

If the duration of the work in “out of hours” callout in a day is less than two (2) hours then a Minimum Hours Fee equivalent to two (2) hours per day at the “out of hours” rate shall be paid for authorised work on weekends, Public Holidays and before 7:00am and after 5:00pm Monday to Friday.

8. Confidentiality and Security

The Contractor shall be responsible for the confidentiality and security of all information, instructions and/or keys issued while engaged for this Contract. The Contractor shall also be responsible for the building security in any building entered whilst no other authorised persons are present. The Contractor must leave any facility in a locked state if unattended at the completion works, unless specifically instructed otherwise.