UPPER LACHLAN SHIRE COUNCIL...Upper Lachlan Shire Council is located on the Southern Tablelands 45km...

UPPER LACHLAN SHIRE COUNCIL

CONSULTANT BRIEF FOR:

UPPER LACHLAN FLOODPLAIN RISK MANAGEMENT STUDY

and

DRAFT PLAN FOR THE VILLAGES of CROOKWELL, GUNNING, COLLECTOR

and TARALGA

IN TWO (2) PARTS:

PART A: OBJECTIVES, REQUIRED SERVICES, DELIVERABLES and RELEVANT INFORMATION

PART B: LODGEMENT of PROPOSALS, PROJECT MANAGEMENT and CONDITIONS of ENGAGEMENT 31 July 2014

UPPER LACHLAN SHIRE COUNCIL – FLOODPLAIN RISK MANAGEMENT STUDY AND DRAFT PLAN FOR THE VILLAGES OF CROOKWELL, GUNNING, COLLECTOR AND TARALGA

TABLE of CONTENTS PART A: OBJECTIVES, REQUIRED SERVICES, DELIVERABLES & RELEVANT INFORMATION 3 A1. INTRODUCTION 2 A2. BACKGROUND AND STUDY AREA 3 A3. OBJECTIVES 5 A4. AVAILABLE INFORMATION AND REFERENCES 7 A5. SCOPE OF WORK 8 A6. DELIVERABLES 13 A7. MEETINGS 19 A8. HOLD POINTS 19 FIGURE A1 – LOCALITY PLAN 20 FIGURE A2 – STUDY AREA 20 FIGURE A3 – TYPICAL FILE STRUCTURE 21 PART B - LODGEMENT OF PROPOSALS, PROJECT MANAGEMENT & CONDITIONS OF ENGAGEMENT 22 B1. CONDITIONS OF ENGAGEMENT 22 B2. CONDITIONS FOR SUBMISSION OF PROPOSAL 22 B3. SUPPLEMENTARY CONDITIONS 26 B4. COUNCIL’S AUTHORISED REPRESENTATIVE 29 ATTACHMENT A FEE PROPOSAL FORM (MANDATORY) 30 ATTACHMENT B HOURLY RATES FOR STUDY TEAM (MANDATORY) 31 ATTACHMENT C COST SCHEDULE (MANDATORY) 31 ATTACHMENT D CONSULTANCY AGREEMENT 34

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PART A:

OBJECTIVES, REQUIRED SERVICES, DELIVERABLES & RELEVANT INFORMATION A1. INTRODUCTION The primary objective of the New South Wales Government’s Flood Prone Land Policy is to reduce the impact of flooding and flood liability on individual owners and occupiers of flood prone property, and to reduce private and public losses resulting from floods, utilising ecologically positive methods wherever possible. Through the Office of Environment and Heritage (OEH), the Department of Planning and Environment (DP&E) and the State Emergency Service (SES), the NSW Government provides specialist technical assistance to local government on all flooding and land use planning matters. The “Floodplain Development Manual: the management of flood liable land”, NSW Government 2005, (the Manual) is provided to assist councils to meet their obligations through the preparation of floodplain risk management plans. Figure 2.1 from the Manual, reproduced below, documents the process for plan preparation, implementation and review.

Floodplain Risk Management Committee

Section 2.2 Appendix D

Established by the local council, must include community groups and state

agency specialists

Data Collection

Section 2.3 Appendix E

è

Flood Study

Section 2.4 Appendix F

è

Floodplain Risk Management

Study

Section 2.5 Appendix G

è

Floodplain Risk Management

Plan

Sections 2.6 and 2.7 Appendix H

è

Plan Implementation

Sections 2.8 and 2.9 Appendix I

ç ç ç ç ç ç ç

Compilation of existing data and collection of additional data. Usually undertaken by consultants appointed by council.

Defines the nature and extent of the flood problem, in technical rather than map form. Usually undertaken by consultants appointed by council.

Determines options in consideration of social, ecological and economic factors relating to flood risk. Usually undertaken by consultants appointed by council.

Preferred options publicly exhibited and subject to revision in light of responses. Formally approved by council after public exhibition and any necessary revisions due to public comments.

Implementation of flood, response and property modification measures (including mitigation works, planning controls, flood warnings, flood readiness and response plans, environmental rehabilitation, ongoing data collection and monitoring) by council.

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UPPER LACHLAN SHIRE COUNCIL – FLOODPLAIN RISK MANAGEMENT STUDY AND DRAFT PLAN FOR THE VILLAGES OF CROOKWELL, GUNNING, COLLECTOR AND TARALGA Upper Lachlan Shire Council is responsible for local planning and land management in the various catchments including the management of the floodplain of the drainage system. Through its Floodplain Risk Management Committee Council proposes to prepare a comprehensive floodplain risk management plan for the study area (Figure A2) in accordance with the NSW Government’s “Floodplain Development Manual: the management of flood liable land”, April 2005 (The Manual). The first key stage of the process has been undertaken with the completion of the Flood Studies (Villages of Crookwell (2 volumes), Gunning (2 volumes), Collector (2 volumes) and Taralga (2 volumes) prepared by Lyall and Associates Consulting Water Engineers dated February 2014 which were adopted by Council on 19 December 2013. The subject of this brief is the second key stage of the process, the Floodplain Risk Management Study and the preparation of a draft Floodplain Risk Management Plan.

A2. BACKGROUND AND STUDY AREA Upper Lachlan Shire Council is located on the Southern Tablelands 45km west of Goulburn, 60km north of Canberra and 130km south-east of Bathurst. It is an area known for its fine wool and potato production, history and picturesque countryside. (Figure A). Around 7,559 people live in the Shire, approximately 2,200 people living in the major centre of Crookwell with the majority living in smaller towns of Gunning, Collector and Taralga. Crookwell The village of Crookwell has a population of about 2,200 and is located approximately 45km north of Goulburn on the Crookwell River. The village is located in the headwaters of the Crookwell River catchment at the confluence of its tributary Kiamma Creek. The Crookwell River is a significant tributary of the Lachlan River and joins the stream upstream of Wyangala Dam. There area is subject to main stream flooding from the Crookwell River and Kiamma Creek. Significant problems also originate from overland flows from the local sub-catchments situated within the developed parts of the village. Gunning The village of Gunning has a population of about 550 and is located on the Hume Highway midway between Yass and Goulburn in the headwaters of the Lachlan Valley. Meadow Creek (also known as Gunning Creek) flows through the town and joins the Lachlan River 4km downstream of the village. Gunning is subject to main stream flooding from Meadow Creek which has a catchments of 106km2 at the Hume Highway bridge to the south of the village. Flows from a minor tributary cross the highway to the west of the bridge, before flowing around the western side of Gunning and joining Meadow Creek.

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UPPER LACHLAN SHIRE COUNCIL – FLOODPLAIN RISK MANAGEMENT STUDY AND DRAFT PLAN FOR THE VILLAGES OF CROOKWELL, GUNNING, COLLECTOR AND TARALGA Problems also originate from overland flows from the local sub-catchments situated within the developed parts of the village. Collector The village of Collector has a population of about 150 and is located to the north of the Federal Highway in the catchment of Collector Creek, which drains a total catchment area of about 140km2 above the village. The Creek flows in a generally southerly direction from its headwaters to the village, and continues south to discharge to Lake George. A major tributary, Willow Tree Creek crosses the Federal Highway and joins Collector Creek upstream of the village. Most of the developed part of Collector is situated on high ground which is not affected by main stream flooding. Taralga The village of Taralga has a population of 350 and is located on Corroboree Creek which flows in a north-easterly direction through the village and drains a small tributary catchment in the headwaters of the Wollondilly River of about 13km2. Taralga is subject to main stream flooding from Corroboree Creek. Significant problems also originate from overland flows from the local sub-catchments situated within the developed parts of the village. In December 2013, the consultant Lyall and Associates Consulting Water Engineers and Upper Lachlan Shire Council completed the Upper Lachlan Shire Council Flood Studies for the villages of Crookwell, Gunning, Collector and Taralga, in accordance with the Manual, the preparation of a Floodplain Risk Management Study and Draft Plan for the study area shown on Figure A2 is the next key stage in progressing to a preparation of a Floodplain Risk Management Plan. Within the villages of Crookwell, Gunning, Collector and Taralga, flood prone land is generally characterised by mainstream flooding and overland flows.

A3. OBJECTIVES The overall objective of this study is to develop a draft floodplain risk management plan for the study area shown on Figure A2 that addresses the existing, future and continuing flood problems, taking into account the potential impacts of climate change, in accordance with the NSW Government's Flood Policy, as detailed in the “Floodplain Development Manual: the management of flood liable land”, New South Wales Government, April 2005 (the Manual). It is expected that the overall study will be essentially undertaken in two phases: Phase I - floodplain risk management study in which the floodplain

management issues confronting the study area are assessed, management options investigated and recommendations made.

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UPPER LACHLAN SHIRE COUNCIL – FLOODPLAIN RISK MANAGEMENT STUDY AND DRAFT PLAN FOR THE VILLAGES OF CROOKWELL, GUNNING, COLLECTOR AND TARALGA Phase II – draft floodplain risk management plan developed from the

floodplain risk management study detailing how flood prone land within the study area is to be managed.

More detailed objectives for each phase are given in Sections A3.1, A3.1.1, A3.2 and A3.2.1.

A3.1 Objectives for Phase I - Floodplain Risk Management Study

1. Review the current Flood Studies for the Villages of Crookwell (2 volumes),

Gunning (2 volumes), Collector (2 volumes) and Taralga (2 volumes) and, only if necessary, re-assess the design flood discharges, velocities, flood levels, hydraulic categories and other relevant flood information for the Study Area using the latest available data and technology, as appropriate. Up to date information is required for the full range of potential flood events ie up to the Probable Maximum Flood or an appropriate extreme flood. The information required is to include an assessment of the potential impacts of climate change

2. Review Council’s existing environmental planning policies and instruments including Council’s long term planning strategies for the study area, particularly in the light of the potential impact of climate change.

3. Identify residential flood planning levels and flood planning area based upon 1% AEP plus a 0.5m freeboard (this may vary during the course of the study particularly in regard to FPL/FPA for areas subject to major overland flow) and where relevant (in tidal waterways including intermittently open and closed lakes and lagoons, ICOLLs), provide equivalent information incorporating the NSW Government’s sea level rise planning benchmarks

4. Identify works, measures and restrictions aimed at reducing the social, environmental and economic impacts of flooding and the losses caused by flooding on development and the community, both existing and future, over the full range of potential flood events and taking into account the potential impacts of climate change. Council is looking for innovative solutions to the management of the flood hazards within the study area and requires effective community consultation and participation throughout the Study;

5. To assess the effectiveness of these works and measures for reducing the effects of flooding on the community and development, both existing and future and taking into account the potential impacts of climate change;

6. To consider whether the proposed works and measures might produce adverse effects (environmental, social, economic, or flooding) in the floodplain and whether they can be minimised;

7. In terms of the Department of Planning Circular PS 07-003 and “Guideline on Development Controls on Low Flood Risk Areas – Floodplain Development Manual”, determine if and where exceptional circumstance are appropriate for flood related development controls on residential development on land outside the residential flood planning area.

8. Review the local flood plan, identify deficiencies in information and address the issues identified in the DECCW Guideline “SES Requirements from the FRM Process.”

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9. Examination of the present flood warning system, community flood awareness and emergency response measures in the context of the NSW State Emergency Service's developments and disaster planning requirements.

10. Examine ways in which the river and floodplain environment may be enhanced without having a detrimental effect on flooding;

11. Identification of modifications required to current policies in the light of investigations.

A3.1.1 Specific Objectives for Phase I Nil A3.2 Objectives for Phase II – Draft Floodplain Risk

Management Plan

1. Reduce the flood hazard and risk to people and property in the existing community and to ensure future development is controlled in a manner consistent with the flood hazard and risk (taking into account the potential impacts of climate change).

2. Reduce private and public losses due to flooding. 3. Protect and where possible enhance the river and floodplain environment. 4. Be consistent with the objectives of relevant State policies, in particular, the

Government’s Flood Prone Land and State Rivers and Estuaries Policies and satisfy the objectives and requirements of the Environmental Planning and Assessment Act, 1979.

5. Ensure that the draft floodplain risk management plan is fully integrated with Council’s existing corporate, business and strategic plans, existing and proposed planning proposals, meets Council’s obligations under the Local Government Act, 1993 and has the support of the local community.

6. Ensure actions arising out of the draft plan are sustainable in social, environmental, ecological and economic terms.

7. Ensure that the draft floodplain risk management plan is fully integrated with the local emergency management plan (flood plan) and other relevant catchment management plans.

8. Establish a program for implementation and suggest a mechanism for the funding of the plan which should include priorities, staging, funding, responsibilities, constraints, and monitoring.

A3.2.1 Specific Objectives for Phase II A majority of the villages are subject to a combination of mainstream and major overland flow flooding, consideration in addressing the objectives in A3.2 in regards to both sources of flooding. Section 6.7 of the Flood Studies for the villages of Crookwell, Gunning, Collector and Taralga specifies a summary of flood affection and recommendations for further investigations. These listed items require more detailed investigation and the

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UPPER LACHLAN SHIRE COUNCIL – FLOODPLAIN RISK MANAGEMENT STUDY AND DRAFT PLAN FOR THE VILLAGES OF CROOKWELL, GUNNING, COLLECTOR AND TARALGA proposal should identify how these recommendations will be addressed in the FMS/P. A4. AVAILABLE INFORMATION AND REFERENCES

A4.1 General Reference Information

Unless stated otherwise in Section A4.2 below the following relevant documents and DECCW Guidelines are to be considered in this investigation: · NSW Flood Prone Land Policy (Section 1.1 - Floodplain Development Manual,

2005) · NSW Government’s Floodplain Development Manual, – the management of flood

liable land, April 2005. · NSW Sea Level Rise Policy Statement, October 2009 · NSW Coastal Planning Guideline: Adapting to Sea Level Rise. · The Institution of Engineers, Australia 1987 and 1998, Australian Rainfall and

Runoff, A Guide to Flood Estimation. · Austroads "Waterway Design A Guide to the Hydraulic Design of Bridges,

Culverts and Floodways", 1994) · Department of Planning Circular PS 07-003 and “Guideline on Development

Controls on Low Flood Risk Areas – Floodplain Development Manual.” · “Urban Levee Bank Design/Construction, Lessons learnt Report”, NSW

Department of Commerce, 2009 for DECC. · Bureau of Meteorology, “The Estimation of Probable Precipitation in Australia:

Generalised Short-Duration Method”, 2003 · Bureau of Meteorology rainfall data · River flow. tidal and ocean level data from Department of Services, Technology

and Administration’s Manly Hydraulics Laboratory · River flow and height data from Office of Water (NOW) · Land and Property Management Authority “LPMA Standard LiDAR Product

Specifications (Including RCD105 Imagery)” Version 2.0, July 2010

· Floodplain Risk Management Guidelines (DECCW Guidelines): v Floodway Definition v Temporary/Relocatable Flood Barriers v Rainwater Tanks v Drainage Systems Behind & Through Levees v Flood Emergency Response Planning Classification of Communities v SES Requirements from the FRM Process v Guideline Residential Flood Damages v Ocean Boundary Conditions v Guideline Practical Consideration of Climate Change v DTMs derived from Aerial Survey Methods – draft Guideline v Guideline Modelling Reports and Supporting Information (including Model

Files) for Review – includes specifications for the provision of model files in a format compatible with waterRIDETM

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http://reg.bom.gov.au/water/designRainfalls/pmp/gsdm_document.shtml

http://reg.bom.gov.au/water/designRainfalls/pmp/gsdm_document.shtml


A4.2. Specific Relevant Information

· Current Flood Studies for the villages of Crookwell, Gunning, Collector and Taralga.

· Hydraulic model data files in electronic format or hard copy (TUFLOW) from the Flood Studies for the villages of Crookwell, Gunning, Collector and Taralga.

· Land use, zoning and demographic information including Land Use Strategy reports.

· Relevant Local Environmental Plan and Development Control Plan. · Council’s suite of Integrated Planning and Reporting documents. · Copies of current NSW Floodplain Management Authorities Project

Assessment Sheets. · Details of relevant hydraulic structures (bridges and culverts) · Historical flood marks · LiDAR. · GIS information including cadastre.

A5. SCOPE OF WORK The Consultant shall provide all services required to satisfy the objectives of this brief. The services shall include, but not necessarily be limited to, the following major tasks, listed in Section A5.1 to A5.8 and the provision of the deliverables outlined in Section A6. Any additions or amendments considered necessary will be received and should be submitted as “additional” or “amended” works respectively and itemised and scheduled accordingly (see Part B, Section B2.4). The consultant must clearly indicate in the proposal if their offer for services will not provide any of the deliverables, follow the procedures outlined in any Guideline/policy/specification referred to in Section A4.1 or otherwise meet the scope of works as outlined in this brief.

A5.1 Collect, Compile and Review of Available Information

A5.1.1 General Requirements All data listed in Section A4 relevant to this study shall be collected, compiled and reviewed and any additional data required to achieve the objectives of this Brief shall be identified. Where the need and/or availability for data additional to that listed in Section A4 could have reasonably been anticipated prior to the close of tenders, the consultant shall obtain the data. The cost of obtaining this data is to be included in the proposal fee.

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UPPER LACHLAN SHIRE COUNCIL – FLOODPLAIN RISK MANAGEMENT STUDY AND DRAFT PLAN FOR THE VILLAGES OF CROOKWELL, GUNNING, COLLECTOR AND TARALGA The collection of necessary additional data, the need for which could not have reasonably been anticipated prior to the close of tenders, shall be undertaken as described in Section A5.5. A5.1.2 Specific Requirements Nil A5.2 Review Current Flood Studies The current Flood Studies for the villages of Crookwell, Gunning, Collector and Taralga shall be reviewed to determine if there have been sufficient changes to the floodplain, catchment and/or flood behaviour (including potential impacts due to climate change) to warrant the reassessment of the design flood discharges, flow distributions, flood levels, velocities, hydraulic and/or hazard categories and other relevant flood related information within the Study Area. After the prima facie feasible floodplain management options have been identified, the adequacy of the existing hydrologic and/or hydraulic models to assess the impact and effectiveness of these options shall also be examined. If the consultant is of the opinion that:

· the existing model(s) are inadequate to assess the impact and effectiveness of the identified prima facie feasible floodplain management options; and/or

· there have been sufficient changes to the floodplain, catchment and/or flood behaviour (including potential impacts due to climate change) to warrant the reassessment of the design flood discharges, flow distributions, flood levels, velocities, hydraulic and/or hazard categories within the Study Area;

the consultant shall notify Council and provide full details of: · the changes to the catchment/floodplain/flood behaviour and their likely

impact; and/or · why the existing model(s) are inadequate to assess the impact and

effectiveness of the identified prima facie feasible floodplain management options.

If Council agrees that the modelling needs to be upgraded the consultant shall submit to Council full details of all the work required, including any survey, to upgrade the models so that the requirements of this Brief can be satisfied and if necessary, re-assess the design flood discharges, flow distributions, flood levels, velocities, hydraulic and/or hazard categories and other flood information to reflect current catchment and floodplain conditions, using the most appropriate, latest available data and technology together with a firm cost of the work. The cost of this work is to include the preparation of a report into the findings of the re-assessment and the presentation of this report to the FMC. Work under this section is not to commence without written approval from Council. Furthermore any work under this section is only to be undertaken in conjunction with any work that may be required under Section A5.3 below.

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UPPER LACHLAN SHIRE COUNCIL – FLOODPLAIN RISK MANAGEMENT STUDY AND DRAFT PLAN FOR THE VILLAGES OF CROOKWELL, GUNNING, COLLECTOR AND TARALGA If flood damages were estimated as part of the Flood and/or Estuary study(s) referred to above and if the impact of the revised design flood data on flood damages is likely to be significant, the consultant shall advise Council accordingly and submit full details of the work required to update the flood damage estimates as described in Section A5.7, including Average Annual Damages, using the most up-to-date data together with a firm cost of the work. Work on updating the flood damages is not to commence without written approval from Council. A5.3 Extend Existing Hydraulic Model(s) Section not used. A5.3.1 Topographic Survey Section not used. A5.3.2 Confirm the Calibration of Extended Model(s) Section not used. A5.3.3 Model Design Flood Events Section not used. A5.4 Consultation A5.4.1 General Requirements A5.4.1 (a) Community Consultation Council recognises the important role that community consultation will have in this study. Council’s goals for community consultation are to inform the community about the study, identify community concerns and attitudes, to gather information from the community and to develop and maintain community confidence in the study results. Consultants need to demonstrate how they intend to meet these goals by providing, with their proposals, a preliminary community consultation program detailing the surveys, questionnaires, media releases, newsletters meetings/workshops. This program will be tabled for discussion at the inception meeting of the floodplain risk management committee. A5.4.1 (b) Other Consultation In addition to the local community and community groups consultation by consultants should include (but not limited to) the following key stakeholders and agencies:

(i) Council’s Planners and Engineers (ii) Council’s floodplain risk management committee (FMC).

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(iii) Office of Environment and Heritage (OEH), (iv) Relevant Catchment Management Authority (CMA) (v) Department of Planning and Environment (DP&E) (vi) NSW Office of Water (NOW) (vii) State Emergency Services (SES), (viii) Bureau of Meteorology (BoM), (ix) Department of Primary Industries (Agriculture and Fisheries Division) (x) Roads and Maritime Services (if appropriate) (xi) State Rail Authority (if appropriate), (xii) Land and Property Management Authority (if appropriate),

Consultants will need to demonstrate how they intend to consult with these bodies and in particular the types of issues that will need to be addressed. A progress report is required at the end of Stage 1 (see Sections A6.2.1 and A6.3.1) addressing the outcomes from data collection and the consultation processes. A5.4.2 Specific Requirements Nil A5.5 Acquisition of Additional Data A5.5.1 General Requirements If, during the course of the study, it becomes necessary or desirable to acquire additional data, including survey, flood photography and satellite imagery, and it can be shown that the need or availability could not have been reasonably anticipated prior to the close of tenders, the Consultant shall immediately notify Council and submit a brief outlining details of the data required, together with a firm quotation for the cost and timing of the work. Following receipt of written approval by Council, the Consultant will undertake the additional data collection. The consultant shall be responsible for the supervision of any sub-consultant involved in the collection of the additional data. A5.5.2 Specific Requirements Nil A5.6 Hazard Categorisation A5.6.1 General Requirements Final hazard categories are to be determined for the design events specified in Section A5.6.2 below, in accordance with the Floodplain Development Manual.

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UPPER LACHLAN SHIRE COUNCIL – FLOODPLAIN RISK MANAGEMENT STUDY AND DRAFT PLAN FOR THE VILLAGES OF CROOKWELL, GUNNING, COLLECTOR AND TARALGA A5.6.2 Design Events for Hazard Categories The final hazard categories are to be determined for the 1%, AEP events and the PMF/specified extreme flood. A5.7 Flood Damage Assessment A5.7.1 General Requirements After the full extent of the floodplain has been determined, flood damages for the study area for all design events specified in Section A2 shall be estimated. Residential damages shall be estimated in accordance with the relevant DECCW guideline. Information produced for each flood event shall include the number of properties affected (residential, commercial, industrial, public institutions and public utilities- as appropriate), the tangible damages (direct and indirect) for each property category and the Average Annual Damage (AAD). For the purpose of proposal preparation Consultants shall assume that the damages for the number of developed properties of all types specified in Section A5.7.2 below are to be assessed. If floor levels are to be surveyed, all costs associated with this survey are to be included in the proposal fee. A separate cost (including any survey) for each property in excess of the figure above is to be provided. (Refer to Part B, Attachment C – Cost Schedule, Item iv). A5.7.2 Specific Requirements For the purposes of tendering, consultants shall assume that the damages for 350 numbers of developed properties of all types are to be assessed. Provide an estimate of all properties levels and dwelling floor levels using LiDAR data and drive by survey and outline approach to estimating “non residential” flood damages. A5.8 Assessment of Floodplain Management Options A5.8.1 General Requirements The consultant is to identify all works, measures and restrictions with the potential of reducing the social, environmental and economic impacts of flooding and the losses caused by flooding on development and the community, both existing and future, over the full range of potential flood events, taking into account the potential impacts of climate change. After an initial consideration of all potential measures the consultant is to provide Council with a brief report (it is expected that this will be included in one of the

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UPPER LACHLAN SHIRE COUNCIL – FLOODPLAIN RISK MANAGEMENT STUDY AND DRAFT PLAN FOR THE VILLAGES OF CROOKWELL, GUNNING, COLLECTOR AND TARALGA monthly progress reports – see A6.3) identifying those works, measures and restrictions that, prima facie, would warrant further quantitative investigation. On receipt of written approval from Council the consultant is to assess the cost effectiveness of these identified works and measures for reducing the effects of flooding on the community and development, both existing and future, taking into account the potential impacts of climate change. Any identified works are to be investigated in sufficient detail to establish their feasibility, cost effectiveness and allow Council and the community to make an informed decision on whether the works should be included in the Floodplain Risk Management Plan. The assessment process shall also reflect any limitations on the nature/scope of the measure being assessed that may be imposed by legislation that can be expected to be relevant after reasonable enquiry. Vegetation management as a potential floodplain management measure is particularly sensitive in this regard. Costs are to include all major items that can be identified at a concept/feasibility stage including, where appropriate, detailed investigation/design, land acquisition, construction, provision for REF/EIS, project management, contract supervision and maintenance. Costs are to be estimated to an accuracy that is consistent with a concept/feasibility stage of project development. Identified works shall include “concept” designs. The consultant is to consider whether the proposed works and measures might produce adverse effects (environmental, social, economic, or flooding) in the floodplain and whether they can be minimised. Where possible such impacts are to be quantified. A5.8.2 Specific Requirements No Specific Requirements.

A6 DELIVERABLES A6.1 General The deliverables specified in this Section are to be provided as a minimum from this study. Handover of these deliverables is specified in Section A6.5. A6.2 Key Project Stages and Major Reports A6.2.1 General Requirements Key project stages for reporting and managing progress payments (see Part B, Section B3.4.1) shall be:

Stage 1. Data Collection, Review and Community Consultation – Report required

Stage 2. Flood Damages, Hazard Categories and Floodplain Management Options – Report required

Stage 3. Draft Floodplain Risk Management Study - Report required

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Stage 4. Public Exhibition of Draft Floodplain Risk Management Study & Draft Plan

Stage 5. Completion of Final Floodplain Risk Management Study & Draft Plan – Final report Completion of Contract

All reports including all diagrams, figures and inserts, are to be provided in hardcopy form plus an electronic copy compatible with the word processing software outlined in Section A6.6. Electronic model output files for all design runs and scenarios are also to be provided as waterRIDETM files or raw results suitable for translation into waterRIDETM - see DECCW's Guideline “Model Reporting & Supporting Information (including Model Files) for Review” for requirements. A6.2.2 Specific Requirements Nil A6.3 Progress Reports A6.3.1 General Requirements Upon acceptance of their proposal, the Consultant shall provide a final draft of the program and timetable of major tasks for completion of the study, together with estimated monthly expenditure. The program shall be in a form suitable for updating to show the status of the technical work, timing and expenditure during the course of the study. The Consultant shall submit brief monthly progress reports to the Council outlining progress on the technical work, together with an updated program showing the status of project completion, timing and budget. Any issues that may affect the timely and efficient completion of the study shall be identified in the progress reports. More detailed reports are required at the end of Stages 1 to 3 as indicated in Section A6.2.1. Sufficient information shall be provided to enable the Council to review the progress of the study. The progress reports may include draft versions of the relevant sections of the final report, where appropriate. Where progress reports relate to the study stages identified in Section A6.2.1 above and are to be discussed at a meeting of the Committee or Council, the reports are to be submitted no later than 14 days (10 working days) prior the date of the relevant meeting. Whenever possible, progress and draft reports are to be submitted electronically in the word processor format outlined in Section A6.6 to facilitate the review of the reports. Where comments have been provided in respect of progress, draft or other reports the consultant is to indicate with clarity its proposed response to each comment made. The consultant is not to amended reports in response to comments until Council has advised in writing that the proposed response to the comments is acceptable.

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UPPER LACHLAN SHIRE COUNCIL – FLOODPLAIN RISK MANAGEMENT STUDY AND DRAFT PLAN FOR THE VILLAGES OF CROOKWELL, GUNNING, COLLECTOR AND TARALGA A6.3.2 Specific Requirements Nil A6.4 Draft and Final Reports A6.4.1 General Requirements Whilst the format for the draft and final reports is not rigid, the reports shall incorporate the methodology and findings of the study in sufficient detail to support the validity of the conclusions. It is requested that a separate report for the villages of Crookwell, Gunning, Collector and Taralga be provided. The draft report(s) shall be provided in hard copy form plus one electronic copy in the word processor format outlined in Section A6.6 to assist in the review process. The number of hard copies to be provided is specified in Section A6.4.2. After review of the draft report(s) by the Council, the Consultant shall undertake any additional work necessary to achieve the final draft report and draft Floodplain Risk Management Plan for approval by the Council to place on public exhibition. The consultant shall undertaken all work associated with preparing a suitable display(s) for the exhibition period, making a presentation at a public meeting during the exhibition period (Council will arrange for a suitable venue for the public meeting at no cost to the consultant), collating and assessing submissions received, preparing a brief report to Council on the submissions received and any amendments to the final draft report(s) and draft Floodplain Risk Management Plan that are considered necessary. On receipt of written direction from Council the consultant shall make the necessary changes to achieve the final report(s) and final draft Floodplain Risk Management Plan. The final report(s) will be required in hard copy form, plus an electronic version (PDF format). The electronic versions are to be provided on CD/DVD(s) to be placed in a suitable wallet to be inserted in copies of the final report(s). The number of hard copy final reports to be provided with CD/DVD(s) in a wallet is specified in Section A6.4.2. The wallet is also to include CD/DVD(s) containing the information specified in Section A6.5. Printing of the final report(s) shall not proceed without the written direction of the Council. The cost of all work associated with preparing the approved final report shall be included in the Consultant’s fee estimate. A6.4.2 Specific Requirements Required number of hard copy draft reports – Three (3) Required number of hard copy final reports – Ten (10) Number of hard copy final reports to be provided with electronic versions (PDF format) on CD/DVD(s) in a suitable wallet - Three (3)

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UPPER LACHLAN SHIRE COUNCIL – FLOODPLAIN RISK MANAGEMENT STUDY AND DRAFT PLAN FOR THE VILLAGES OF CROOKWELL, GUNNING, COLLECTOR AND TARALGA The draft and final reports shall include the following as a minimum:

· Inundation Extent Maps (A3 minimum size) for the 5%, 1%, 0.5%, AEP events and the PMF/specified extreme flood.

· Maps (A3 minimum size) showing the approximate extent of a residential flood planning area based on the 1% AEP flood + 0.5m freeboard and, mainstream and major overland flow.

· Where relevant (in tidal waterways), maps (A3 minimum size) showing the approximate tidal inundation extents for existing conditions and for conditions incorporating the sea level rise planning benchmarks;

· Maps (A3 minimum size) showing the hydraulic categories for the 5%, 1%, 0.5%, AEP events and the PMF/specified extreme flood.

· Hazard Maps (A3 minimum size) for the 5%, 1%, 0.5%, AEP events and the PMF/specified extreme flood.

· Maps (A3 size minimum) showing emergency response classifications for communities as per the DECCW Guideline on Flood Emergency Response Classification of Communities.

· Draft clauses for inclusion in an Local Flood Policy and for s149 Certificates · Plan(s) showing the locations of all recommended works · Plan(s) showing the locations of any houses recommended for

purchase/raising under a VP/VHR scheme A6.5 Hand-over of the Study Materials A6.5.1 General Requirements At the completion of the project the Consultant is required to handover all data files and provide details of the hardware and software requirements to run the models. The hydrologic and hydraulic software are not required in the hand-over. However any software developed (including source) or acquired by the Consultant to interface or transfer data between the hydrologic model to the hydraulic model or to pre-process data into a format required for input to these models or post-process data to a required output format is to be supplied (along with any licences) to the Council as part of the study. As a minimum Council needs to be confident that all results presented in the Final Report can be recreated by a future specialist Consultant. The Consultant is to provide the following documentation at handover as a minimum: · Survey data including any DTM model in a format compatible with the software

specified in Section A6.6 arranged in file structure similar to that shown in Part A, Figure A3. In addition the cross-sectional data points or topographical terrain x, y, z coordinates in the case of 2D models and structure geometry should be provided in ASCII format.

· A complete set of GIS files, arranged in a suitable file structure in a format compatible with the software specified in Section A6.6. Information requirements for the State Emergency Service and Bureau of Meteorology are to meet the requirements outlined in the relevant OEH Guideline (refer Section A4.1).

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UPPER LACHLAN SHIRE COUNCIL – FLOODPLAIN RISK MANAGEMENT STUDY AND DRAFT PLAN FOR THE VILLAGES OF CROOKWELL, GUNNING, COLLECTOR AND TARALGA · Model data files and accompanying specifications, including flood damage data

files, arranged in a file structure similar to that shown in Part A, Figure A3. · Originals of the report including all diagrams, figures and inserts, and a copy of

the report compatible with the software specified in Section A6.6. · Model data including; adopted design inflows, recorded flood levels, flowpaths,

major floodways, development data and major infrastructures; · Complete model results including; flood heights, flow distributions, velocities and

flood storage variations for all calibration, validation and design events and hydraulic and provisional hazard categories.

· All raw flood damage data including the location, floor level, size, age and nature of all buildings likely to be affected by flooding.

· Copies of any aerial photographs and satellite images (hard copy and/or electronic) that may have been acquired during the course of the study.

· Model run data, ie, the input files used to make up each model run, to enable recreation of results in future.

· The flood damage model data for the current situation for all design runs as a Microsoft Excel Spreadsheet.

· Where the draft Floodplain Risk Management Plan recommends works that are eligible for funding under the State and/or Commonwealth programs, completed Project Assessment Sheets as required by the NSW Floodplain Management Authorities for scoring and prioritisation. Copies of these sheets are available from DECCW. NOTE: “Works” include:

Ø Construction projects (including projects to improve evacuation management)

Ø Installation of flood warning systems Ø Voluntary purchase and voluntary house raising projects.

Where possible all deliverable should also be provided on CD(s)/DVD(s). Each CD/DVD is to include a fully detailed “Read Me” file to explain the content and purpose of all files on the CD/DVD. The CD(s)/DVD(s) are to be placed in a suitable wallet to be inserted in copies of the final report as specified in Section A6.4.2. A6.5.2 Specific Requirements The provision of “concept designs” to be developed for high priority works identified in the study with sufficient detail to undertake investigation and design including alignment, footprint, typical cross section, preliminary overview and preliminary economic appraisal. A6.6 Format of Deliverables The relevant software packages for deliverables are as follows: · Survey Package: Civilcad · GIS: Arcview · Spreadsheet: MSExcel · Word processor: Progress and Draft Reports – MSWord, Final Report – Adobe

Reader (PDF format)

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UPPER LACHLAN SHIRE COUNCIL – FLOODPLAIN RISK MANAGEMENT STUDY AND DRAFT PLAN FOR THE VILLAGES OF CROOKWELL, GUNNING, COLLECTOR AND TARALGA · Electronic model output files for all design runs and scenarios are also to be

provided as waterRIDETM files or raw results suitable for translation into waterRIDETM - see DECCW's Guideline “Model Reporting & Supporting Information (including Model Files) for Review” for requirements.

A7. MEETINGS A7.1 General Requirements The Consultant shall attend meetings with Council’s representatives and/or the Floodplain Risk Management Committee at inception and to discuss the progress of the study. It is envisaged that such meetings will usually take place at Inception and the end of Stages 1 to 5 described in Section A6.2.1. The number of meetings to be allowed for and their location is specified in Section A7.2. These are to be included in the fee for the study. A separate cost for additional meetings is to be provided in the proposal (see Attachment C - Cost Schedule, Item i). Council may also direct the Consultant to:

· Present the draft flood study report to a public meeting and/or mount a display of the principal findings of the flood study. For this purpose a display period should be allowed for in the study program. An itemised cost for providing this component of work should be provided as part of the fee proposal (see, Attachment C - Cost Schedule).

· Present the Final Floodplain Risk Management Study Report and Draft Floodplain Risk Management Plan to a meeting of Council. An itemised cost for providing this component of work should be provided as part of the fee proposal. (see Attachment C - Cost Schedule, Item ii).

A7.2 Specific Requirements All meetings to be held at Crookwell Council Chambers, 44 Spring Street, Crookwell. Number of meetings to be allowed for in proposal price – Five (5) meetings No other specific requirements. A8. HOLD POINTS Progress on the study will observe hold points after Stages 2, 3 and 4 (see Section A6.2.1) have been completed. The Consultant shall not progress the study beyond the above hold points without the written approval of Council.

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UPPER LACHLAN SHIRE COUNCIL – FLOODPLAIN RISK MANAGEMENT STUDY AND DRAFT PLAN FOR THE VILLAGES OF CROOKWELL, GUNNING, COLLECTOR AND TARALGA FIGURE A1 – LOCALITY PLAN http://upperlachlan.local-e.nsw.gov.au/index.php?option=com_content&view=article&id=1145698:flood-study&catid=1242&Itemid=2430 FIGURE A2 – STUDY AREA The documents listed below can be located using the above link to Council’s website. Upper Lachlan Shire Council – The Village of Crookwell Flood Study – Volume 2 February 2014 Figures

See Figure 3.1 – Sheet 1 - Crookwell River Sub-Catchment Plan; and See Figure 6.8 – Sheets 1 and 2 – Hydraulic Categorisation of Floodplain 100 Year ARI.

Upper Lachlan Shire Council – The Village of Gunning Flood Study – Volume 2 February 2014 Figures

See Figure 3.1 – Sheet 1 – Meadow Creek Sub-Catchment Plan; and See Figure 6.8 – Sheets 1 – Hydraulic Categorisation of Floodplain 100 Year ARI.

Upper Lachlan Shire Council – The Village of Collector Flood Study – Volume 2 February 2014 Figures

See Figure 3.1 – Sheet 1 – Collector Creek Sub-Catchment Plan; and See Figure 6.8 – Sheets 1 – Hydraulic Categorisation of Floodplain 100 Year ARI.

Upper Lachlan Shire Council – The Village of Taralga Flood Study – Volume 2 February 2014 Figures

See Figure 3.1 – Sheet 1 – Corroboree Creek Sub-Catchment Plan; and See Figure 6.8 – Sheets 1 – Hydraulic Categorisation of Floodplain 100 Year ARI.

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http://upperlachlan.local-e.nsw.gov.au/index.php?option=com_content&view=article&id=1145698:flood-study&catid=1242&Itemid=2430




FIGURE A3 – TYPICAL FILE STRUCTURE

Sample File Structure for submission of data

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PART B - LODGEMENT OF PROPOSALS, PROJECT MANAGEMENT & CONDITIONS OF ENGAGEMENT B1. CONDITIONS OF ENGAGEMENT The study shall be carried out generally in accordance with the “Consultancy Agreement”, Part B, Attachment D. In relation to the Consultancy Agreement, the consultant’s attention is particularly drawn to:

· Clause 3.15 – Conflict of Interest (see also the declaration in Attachment A – Fee Proposal Form).

· Clause 7.3 - Limitations on Use of Contract Material.

Consultants that are currently involved in flood related studies or the provision of flood/floodplain management advice to landowners/developers within the same catchment or study area as this study are strongly urged to discuss the potential for a conflict of interest with Council’s Contact Officer (see Section B2.1 below) BEFORE commencing the preparation of its proposal. Final contract documents will include: · This Brief

· Attachment A - Fee Proposal Form

· Attachment B - Hourly Rates For Study Team

· Attachment C - Cost Schedule

· Attachment D - Consultancy Agreement

· The Consultant’s Proposal

· the Outline Plan for the Work

· Council's letter of acceptance

· The Consultant's letter of acceptance The “Floodplain Development Manual: the management of flood liable land”, New South Wales Government, April 2005, is also to be considered as one of the contract documents.

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B2. CONDITIONS FOR SUBMISSION OF PROPOSAL

B2.1 Council Contact Officer Requests for information, clarification and/or advice regarding this consultant brief should be made only to: Name: Tina Dodson Telephone: (02) 4830 1027 E-mail: [email protected]

B2.2 Completion of Proposal Consultants should complete the proposal documents listed below. All information called for in the briefing documents must be supplied. Where an alternative proposal is offered the Consultant is to submit alternative proposal schedules where the information submitted for the conforming proposal will differ from the alternative. Alternative proposals must be accompanied by a conforming proposal. The Consultant is to clearly identify each schedule and the alternative to which it applies (see Part B, Section B2.4). Listed below are the proposal documents which must be lodged with the consultant’s proposal. · Attachment A - Fee Proposal Form - Returnable Schedule

· Attachment B - Hourly Rates For Study Team - Returnable Schedule

· Attachment C - Cost Schedule - Returnable Schedule

· the Outline Plan for the Work

· Short Curriculum Vitae for all personnel nominated in the proposal showing only experience relevant to the project

Electronic copies of the various “Returnable Schedules” (Attachments A, B, & C to this Brief) are available from Council’s Contact Officer (Part B, Section B2.1 above) on request. Note: General information about the Consultant firm, such as brochures and firm's history, are NOT required to be submitted with the proposal.

B2.3 Lodgement of Proposal The Consultant is to submit an original plus three (3) copies of the proposal (including all Proposal documents listed Section B2.2) to allow distribution to a reviewing panel.

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The Consultant is to seal the Proposal (and copies) in an envelope (or parcel) “Upper Lachlan Floodplain Risk Management Study and Draft Plan for the Villages of Crookwell, Gunning, Collector and Taralga” with the closing date written on the envelope (or parcel). The Proposal (and copies) must be lodged in the Tender Box at the address shown on the Fee Proposal Form by the date and time nominated on the Fee Proposal Form (Part B – Attachment A – Fee Proposal Form). Council will treat late lodgement of proposals strictly in accordance with the NSW Government Code of Tendering for the Construction Industry. Clause 3 of the Code states: "Late Tenders should not be accepted, except where it is clear both that the circumstances beyond the tenderer's control were the cause of the lateness, and the integrity of the tendering process will not be compromised by accepting a late tender." Proposals which are lodged in the Tender Box after the closing date and time will be considered for acceptance only if: · they have been mailed through Australia Post and are postmarked no later than

the day before the closing date for proposals.

B2.4 Alternative Proposals The Consultant is to submit a Proposal in full compliance with the work as specified without any conditions or qualifications attached. Alternative additional Proposals may also be submitted. Any conditions, qualifications and departures from the specified work shall be fully described and priced in any alternative Proposal. In addition to documenting departures from the specified work, any alternative Proposal is also to be supported by a similar set of documents as listed in the Section B2.2 Completion of Proposals. The Consultant is to submit an original plus three (3) copies of any alternative proposal. Alternatively, one (1) original hard copy plus one (1) electronic version (PDF format on CD or DVD) may be submitted.

B2.5 Assessment/Acceptance of Proposals The Assessment of Proposals will take into account both price and non-price attributes of the following factors: · The consultant’s appreciation of the work involved as demonstrated by

a) The proposed methodology and work activities to meet the study objectives

and requirements. b) Ability and knowledge of various techniques to appraise relevant factors

and to conceive effective options and measures taking into account appropriate consideration of these factors.

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UPPER LACHLAN SHIRE COUNCIL – FLOODPLAIN RISK MANAGEMENT STUDY AND DRAFT PLAN FOR THE VILLAGES OF CROOKWELL, GUNNING, COLLECTOR AND TARALGA · The consultant’s proposed consultation plan. · The consultant’s resources and expertise across the various appropriate

specialist disciplines, including capability of the proposed study team and their experience in projects of a similar nature.

· The consultants proposed budget, as well as resource allocations and hourly rates.

· The consultant’s ability to complete the Study within the stipulated time frame.

Proposals which are considered unsatisfactory in any of the above factors will not be considered further. Any Proposal may be rejected which does not comply with any requirement of, or which contains provisions not required or allowed by, the Brief. A Proposal shall not be deemed to have been accepted unless and until notice in writing of such acceptance is given to the Consultant or transmitted by facsimile to the Consultant's facsimile number.

B2.6 Acceptable Legal Entities Council contracts only with recognised and acceptable legal entities having appropriate financial assets and current Professional Indemnity Insurance cover ie companies with ACN No. Proposals will not be considered from entities such as a business name. Consultants may be required to provide evidence of their legal entity either by giving a copy of an official document such as company registration and names of office bearers issued by the Australian Securities Commission or a statement confirming the legal entity signed by a practicing Solicitor. If so requested, Consultants are to submit the information within three working days after receipt of such request.

B2.7 Outline Plan Consultants are to submit with the Proposal an outline Plan for the Work to be done under the engagement. After engagement, the outline Plan is to be upgraded to a detailed Plan by the successful consultant. The outline Plan shall include as a minimum a study program showing all key activities for the Work, their timing sequence and time allowed for each proposed activity. The consultant is to clearly define the key activities, detailing their objectives, scope of actions and undertakings involved (inputs) and required outcomes (outputs), and where “hold points” or approval points are required for review or approval of the work by the Floodplain Risk Management Committee and the Council. The consultant’s plan must detail where consultation and reports to the Committee shall occur as part of the proposed study work. For the purpose of this engagement, activities are a series of discrete work elements which subdivide the engagement into smaller manageable packages. Activities are to be quantifiable elements, with a defined commencement and completion, for which a criteria can be set for verification of a satisfactory completion, eg. a meeting

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UPPER LACHLAN SHIRE COUNCIL – FLOODPLAIN RISK MANAGEMENT STUDY AND DRAFT PLAN FOR THE VILLAGES OF CROOKWELL, GUNNING, COLLECTOR AND TARALGA which achieves specified outcomes or approval of a component report which advances the work of the engagement towards completion. Those activities which are regarded as milestones should be identified as such. Details pertaining to SUB-CONSULTANTS and/or SECONDARY CONSULTANTS: Where the Engagement includes the management of sub-consultants or secondary consultants the Consultant is to submit an outline of the Consultant's proposed methodology for controlling, coordinating, reviewing and verifying the work of sub-consultants and secondary Consultants.

B3. SUPPLEMENTARY CONDITIONS

B3.1 Consultant’s Management of the Study The Consultant shall nominate a Project Manager for the Study. The Consultant’s Project Manager shall be responsible for the delivery of all of the Work set out in the previous Part A of the Brief (Objectives, Required Services, Deliverables And Relevant Information). It will also be the role and responsibility of the Consultant’s Project Manager to ensure the successful carriage of the work from inception to completion and to be responsible for day-to-day liaison with the Council’s authorised representative (Part B, Section 4). No change of personnel for this role will be permitted without the approval of the Council. The Consultant shall nominate the names of the project team members who will undertake the work (Part B, Attachment B – Hourly Rates for Study Team). Any variations in the members making up the nominated project team will require the approval of Council. If Council does not approve of a substitute or if no substitute is put forth by the Consultant for approval then Council may regard the Consultant as in default of this Agreement. Apart from in-house resources, all other members of the study team are to be engaged as sub-consultants responsible to the project manager who will be responsible for the adequacy of the collaborative work by the various study team members. The study project manager will be responsible for the planning and interactive controlling of both human, financial and other resources to achieve time, cost, quality, functional and scope requirements. It will involve the anticipation of changes to resources and the level and nature of input by stakeholders due to changing circumstances and the making of such changes to minimise their overall effect. Wherever possible, to control and achieve time and cost targets, various increases in the level of resources required for some tasks, are to be offset by savings/adjustments elsewhere, which do not impair the end user’s requirements. The study project manager is responsible for, but not limited to: · preparing, monitoring and controlling an overall program for the work, setting out

the times which the various parts of the work, including all relevant liaison and consultation activities, are to be executed.

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UPPER LACHLAN SHIRE COUNCIL – FLOODPLAIN RISK MANAGEMENT STUDY AND DRAFT PLAN FOR THE VILLAGES OF CROOKWELL, GUNNING, COLLECTOR AND TARALGA · including in the program, the time by which information and actions are required

by all involved in the work. · examining possible options for potential problems, delays and bottlenecks and

taking appropriate action to mitigate delays. · preparing and controlling an overall cost plan to deliver the work within the cost

target. · coordinate and manage the various sub-consultants, ensuring all necessary skills

are effectively and appropriately utilised. · undertake the necessary liaison with external persons and agencies, as

necessary. · report regularly as required.

B3.2 Expert Witness The Consultant must be prepared to support its work in any inquiry or court hearing B3.3 Variations If at any time the Consultant considers that the scope of work under this brief has been varied, the Consultant shall immediately advise Council in writing of the additional costs (if any) and impacts on the study program associated with such variations. The Consultant shall not proceed with any additional work without the written approval of Council. B3.4 The Study Budget The Engagement will be on the basis of the accepted resources, their respective hourly rates and accepted time inputs for each individual resource. Council is to be given an early warning, in writing, on any matter which could increase the total cost of the study (including advice of any difficulties in achieving progress commensurate with the level of expenditure whereby there is a likelihood of the Budget not being met), delay completion or impair the fitness for purpose of the study results. An early warning meeting may be convened between the consultant and Council to cooperatively make and consider proposals for how the effect of each matter which has been notified, can be avoided or reduced and to decide upon action to be taken. Unless it can be demonstrated that the necessity for the meeting is due to factors beyond the consultant’s reasonable control, the consultant’s costs in preparing for and attending the meeting shall be met by the consultant. Council is also to be advised in writing, regarding any significant proposed change to maintain the Budget and/or completion date and these are not to be instituted without prior written approval of Council.

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UPPER LACHLAN SHIRE COUNCIL – FLOODPLAIN RISK MANAGEMENT STUDY AND DRAFT PLAN FOR THE VILLAGES OF CROOKWELL, GUNNING, COLLECTOR AND TARALGA B3.4.1 Progress Claims and Payment Payments will be based upon receipt of claims made by the Consultant at intervals not less than one (1) month provided the total amount paid does not exceed the total amount for the relevant Project Stage as given in Attachment C – Cost Schedule below. Council shall withhold payment of 10% of the total project cost until Council has approved the Final Report and all material identified in Part A, Section A6.5 – Hand-over of the Study Materials, has been given to Council. The Council shall not be obligated to make any payment unless it is satisfied that the work undertaken satisfies the requirements of the brief. B3.5 Standards All work carried out as part of this study is to comply with the following documents: · New South Wales Government 2005, “Floodplain Development Manual: the

management of flood liable land”. · The Institution of Engineers, Australia 1987 and 1998, Australian Rainfall and

Runoff, A Guide to Flood Estimation. · DTM/DEM LiDAR survey data, digital aerial photography and spatial modelling

products: The supply of these products is to satisfy the specifications produced by the NSW Land and Property Management Authority (“LPMA Standard LiDAR Product Specifications (Including RCD105 Imagery)” Version 2.0, July 2010 copy available from DECCW on request)

Where appropriate the relevant DECCW guideline(s) (see Part A, Section A4.1) is/are also to be followed.

B3.6 Consultant Performance During the course of the Consultancy Engagement, the Consultant's performance will be monitored. Unsatisfactory performance will be taken into account in the consideration of future opportunities for Consultant engagements for NSW Government agencies and under the Floodplain Management Program The consultants work, particularly work involving modelling, may be subject to peer review at the discretion of Council. Where a peer review is initiated the consultant shall not be entitled to any additional payment associated with the provision of the necessary data for the review or additional costs associated with delays to the project.

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B3.7 Study Duration The study is to be completed (deliver of Final report) within a period of 18 months from the date of the letter of acceptance. The duration shall include periods for review of study progress (Hold Points – see also Part A, Section A8) at the following stages (see Section B3.4.1): · End of Stage 2 – Flood Damages, Hazard Categories and Floodplain

Management Options Report – allow two (2) weeks · End of Stage 3 - Draft Floodplain Risk Management Study Report – allow three

(3) weeks · Four (4) weeks are to be allowed for the public exhibition of the Draft Floodplain

Risk Management Study & Draft Plan · Three (3) weeks are to be allowed for the review of the report covering any

submissions received following the public exhibition of the Draft Floodplain Risk Management Study & Draft Plan

The study duration should also allow for the final report be delivered within four (4) weeks of the Council’s written approval for printing. Any proposed variation to this duration shall be specified by the Consultant.

B3.8 Suspension of Study If the study is suspended or delayed for reasons that are attributed to Council for a period exceeding three months, and during that period the study is not progressed, then the Consultant may claim a cost for re-familiarising themselves with the project on recommencement of the project. The value of this cost should be included in Attachment C – Cost Schedule, Item iii.

B4. COUNCIL’S AUTHORISED REPRESENTATIVE The study will be administered by the Council. Personnel authorised to issue instructions in regard to this study are:- Mrs Tina Dodson, Phone: 02 48301027, Fax: 02 42301045, Email: [email protected] The Council may request, at any time, the advice and support of the Office of Environment and Heritage (OEH) in any aspect of the study. Such advice and support will include the review of the consultant's work for quality assurance. The role of OEH in this study is to provide technical, policy and and financial support to assist Council achieve the objectives of this study. Contact details for the OEH representative will be provided shortly after the successful consultant has been engaged.

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ATTACHMENT A FEE PROPOSAL FORM (MANDATORY) Refer Clause 5 of the Consultancy Agreement

Proposal to be lodged at: Upper Lachlan Shire Council, 123 Yass Street (PO

Box 42), GUNNING NSW 2581

by 4:00 pm on: 5 September 2014

Name of Consultant: (in block letters)

_________________________________________

A.C.N. (if applicable): _________________________________________

Address: _________________________________________

_________________________________________

hereby proposes to perform consultancy services in accordance

with the Brief for:

Upper Lachlan Floodplain Risk Management Study and Draft Plan for the Villages of Crookwell, Gunning, Collector and Taralga

Study Fee …………………………………………………………………………………..($......................................)

Alternative Study Fee (if applicable) …………………………………………………………………………………..($......................................)

in accordance with the attached hourly rates for the study team

schedule, cost schedule

and in accordance with the attached outline Plan dated:

l/We declare that no conflict of interest exists in the performance of the consultancy services at the date

of this declaration

/ / comprising __________ pages

Date: _________________________________________

Signed for the Consultant by: _________________________________________

_________________________________________ (Authorised Officer)

In the Office Bearer capacity of: _________________________________________

Name (in block letters): _________________________________________

Notes: This is a fixed lump sum Contract. Fees may not exceed those nominated on this fee proposal form without the prior written approval of Council.

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ATTACHMENT B HOURLY RATES FOR STUDY TEAM (MANDATORY)

UPPER LACHLAN FLOODPLAIN MANAGEMENT STUDY & DRAFT PLAN FOR THE VILLAGES OF CROOKWELL, GUNNING, COLLECTOR AND TARALGA

ROLE NAME HOURS HOURLY RATE

BUDGET COMPONENT

Notes: Fees will only be paid for personnel nominated on this schedule. Variations to nominated personnel will require the prior written approval of Council. Fees may not exceed those nominated on this schedule without the prior written

approval of Council.

Date: ________________________________________________________ Signed for the Consultant by: ________________________________________________________ (Authorised Officer) In the Office Bearer capacity of: _________________________________________________________ Name (in block letters): __________________________________________________

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ATTACHMENT C - COST SCHEDULE (MANDATORY) UPPER LACHLAN FLOODPLAIN RISK MANAGEMENT STUDY AND DRAFT PLAN FOR THE VILLAGES

OF CROOKWELL, GUNNING, COLLECTOR AND TARALGA Note: Submission of one combined cost schedule with and additional summary table showing split in key tasks for each village.

Stage 1 - Data Collection, Review and Community Consultation DETAILS REQUIRED 1.1) Data collection and review 1.2) Review existing Flood/Estuary Study 1.3) Review existing planning instruments/policies etc 1.4) Survey to extend existing models including cost of preparing and managing survey Brief (if required) 1.5) Community Consultation - Prepare and distribute brochures, newsletters, questionnaires etc 1.6) Community Consultation - Prepare for and conduct workshops/forums etc

Estimated hours for each team member and cost Estimated hours for each team member and cost Estimated hours for each team member and cost Estimated hours for each team member and cost Estimated hours for each team member and cost Estimated hours for each team member and cost

TOTALS FOR STAGE 1 Total hours and cost Stage 2 - Flood Damages, Hazard Categories and Floodplain Management Options 2.1) Extend existing model(s) and confirm calibration – if required 2.2) Assess flood hazards for 3 flood events 2.3) Assess Flood Damages for “X” number of Developed Properties 2.4) Survey for Flood Damage assessment if applicable (including cost of preparing & managing survey brief) – based on the number of properties in Item 2.3 above 2.5) Assess current and future land use zonings 2.6) Assess social issues 2.7) Assess existing environmental issues 2.8) Review local emergency planning 2.9) Assess up to 10 Floodplain Management Measures

Estimated hours for each team member and cost Estimated hours for each team member and cost Estimated hours for each team member and cost Cost Estimated hours for each team member and cost Estimated hours for each team member and cost Estimated hours for each team member and cost Estimated hours for each team member and cost Estimated hours for each team member and cost

TOTALS FOR STAGE 2 Total hours and cost Stage 3 – Draft Floodplain Risk Management Study 3.1) Prepare draft Floodplain Risk Management Study 3.2) Prepare draft Floodplain Risk Management Plan

Estimated hours for each team member and cost Estimated hours for each team member and cost

TOTALS FOR STAGE 3 Total hours and cost Stage 4 – Public Exhibition of Draft Floodplain Risk Management Study & Draft Plan 4.1) Prepare exhibition material 4.2) Prepare, attend and give presentation at public meeting 4.3) Collect, collate submissions received and prepare report on public exhibition

Estimated hours for each team member and cost Estimated hours for each team member and cost Estimated hours for each team member and cost

TOTALS FOR STAGE 4 Total hours and cost Stage 5 – Completion of Floodplain Risk Management Study and Draft Plan 5.1) Prepare final Floodplain Risk Management Study and Draft Plan for Council approval 5.2) Printing of final reports

Estimated hours for each team member and cost Estimated hours for each team member and cost

TOTALS FOR STAGE 5 Total hours and cost Stage 6 – Completion of Contract 6.1) Hand over of all study materials and all reports Estimated hours for each team member and cost

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TOTALS FOR STAGE 6 Total hours and cost TOTALS FOR PROJECT Total hours and cost

GST $ TOTAL COST (GST Inclusive) $

Other Itemised Costs Included in Total Project Cost (GST exclusive) a) Disbursements (to be itemised) Cost b) Meetings with Council’s representative and/or FRMC. Allow for “5” meetings at Crookwell (see Part A, Section A7.

Cost

ADDITIONAL COSTS not included in TOTAL COST (GST exclusive)

i) Additional Meetings at Crookwell (see Part A, Section A7). Cost per meeting ii) Presentation of final report and draft Floodplain Risk Management Plan to Council Cost iii) Re-familiarising with suspended project (see Part B, Section B3.8). Cost iv) Cost of assessing flood damages for additional properties including all survey costs (additional to those covered in Item 2.3 above)

Cost per developed property

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ATTACHMENT D CONSULTANCY AGREEMENT

[insert Consultant]

CONSULTANCY AGREEMENT

AGREEMENT made the day of 2014 between:

1. Upper Lachlan Shire Council, of 44 Spring Street, Crookwell, (Principal); and

2. [name of Consultant] of ,(ABN *** *** ***), (Consultant).

IT IS AGREED AS FOLLOWS:

1. DEFINITIONS

"Agreement" means this document including any and all Schedule(s) and Annexure(s);

"Consultant" means the person(s) or bodies being the party to this Agreement engaged to perform the Services and includes officers, employees, agents and authorised sub-Consultants/sub-Consultants (and their employees and agents) utilised by the Consultant;

“Consultancy Brief” means the documents attached at Annexure 1.

"Contract Material" means all Material:

(a) brought into existence as part of, or for the purpose of performing the Services;

(b) incorporated in, supplied or required to be supplied along with the Material referred to in paragraph (a); and

(c) copied or derived from Material referred to in paragraphs (a) or (b).

"Fees" means the fee as referred to in Clause 5 and Annexure 2 of this Agreement;

"Intellectual Property" means all rights in copyright, patents, registered and unregistered trademarks, registered designs, trade secrets and all other right of intellectual property as recognised by New South Wales and Australian law;

"Material" includes:

· documents, equipment, software, code;

· goods, information, data; and

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UPPER LACHLAN SHIRE COUNCIL – FLOODPLAIN RISK MANAGEMENT STUDY AND DRAFT PLAN FOR THE VILLAGES OF CROOKWELL, GUNNING, COLLECTOR AND TARALGA · the embodiment of the capacity to contain and/or express information, processes and concepts,

stored by any means

"Principal" means the Upper Lachlan Shire Council;

"Principal's Materials" means any documentation, information or material supplied by the Principal in connection with this Agreement to the Consultant by whatever means;

"Program" means the timing arrangements, if any, specified in the Schedule;

"Principal's Representative" means the person named in the Schedule or any other person substituted by the Principal to liaise with the Consultant;

"Proposal" means the response submitted to the Principal by the Consultant to perform the work required under the Consultancy Brief;

"Records" includes the Contract Material and any other information, documents or data brought into existence by any means and stored by any means in connection with the performance of the Agreement;

"Services" means the services described in Annexure 1 to be performed pursuant to this Agreement;

"Schedule" means the Schedule(s) annexed to this Agreement.

“Steering Committee” means the group of people appointed by the Principal to liaise with the Consultant.

“Stage” means those stages set out in the Consultancy Brief

2. ENGAGEMENT

2.1 Consultant to provided Services

The Principal engages the Consultant to provide the Services in accordance with the terms and conditions of this document and any other provision of a Schedule or Annexure hereto including a document of the Principal incorporated by reference.

2.2 Inconsistency between provisions

Without limitation to Clause 14, in the event of inconsistency between the provisions of the documents referred to in Clause 2.1, the terms and conditions of this document shall prevail over any document incorporated by reference.

3. CONSULTANT'S OBLIGATIONS

3.1 Due Diligence

The Consultant must perform the Services in a diligent manner and with all necessary skill and care expected in accordance with the provision of such Services and in accordance with all representations and warranties made by the Consultant whether as to the Consultant's experience and ability or otherwise expressly or impliedly made in its Proposal and/or this Agreement, or by law.

3.2 Knowledge of Requirements of the Principal

The Consultant must use all reasonable efforts to have informed itself and to remain informed of the requirements of the Principal in performing the Services under this Agreement and to this

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end must regularly consult with the Principal during the performance of the Services to the satisfaction of the Principal.

3.3 Consultant's Personnel

(a) The Consultant represents and warrants that all personnel to be engaged in and about the performance of the Services are appropriately qualified, competent and experienced.

(b) The Consultant must use its best endeavours to ensure that the persons named either in its Proposal or in the Schedule are engaged in the performance of the Services.

(c) The Consultant shall notify the Principal immediately if a person named either in its Proposal or in the Schedule ceases to be engaged in the performance of the Services and shall forthwith provide details of similarly qualified or experienced substitutes for that person.

(d) Any substitute for a person named either in the Proposal or in the Schedule must be approved by the Principal before commencing work under this Agreement, however, in this regard the Principal must not unreasonably withhold its approval.

(e) If the Principal does not approve of a substitute or if no substitute is put forth by the Consultant for approval then the Principal may regard the Consultant as in default of this Agreement.

3.4 Program

The Consultant must adhere to the Program if specified in the Schedule for the performance and completion of the Services.

3.5 Timely Provision of Services

In the event no Program is specified the Consultant must perform the Services expeditiously to the satisfaction of the Principal.

3.6 Cost and/or Time Overruns

(a) If at any time it becomes apparent to the Consultant that the cost, where fees are to be paid on a time/unit rate basis, and/or the time for completion of the Project, or any stage of the Project or component of such stage, will exceed the cost and/or time estimated for the same by the Consultant, then the Consultant shall immediately so inform the Principal with a written explanation and a revised estimate. The Consultant shall obtain the written approval of the Principal before continuing. The Principal shall not be responsible for any claim for additional fees or expenses unless the Consultant has obtained the written consent of the Principal, to incur such additional fees or expenses before any such expenditure is incurred.

(b) In the event the delivery of the Services is delayed the Principal reserves its rights under Clause 11.

3.7 Principal’s instructions

(a) The Consultant shall ensure that it, its employees, servants, and agents shall, whenever on the Principal's premises, obey all reasonable instructions and directions issued by the Principal.

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(b) The Consultant shall attend such meetings as required by the Consultancy Brief or as may be reasonably required by the Principal with officers of the Principal and with any other persons connected with the Project.

(c) The Consultant shall maintain liaison and promptly observe and comply with the directions of the person(s) and/or Steering Committee and when required to do so, by this Agreement or otherwise, report on or explain any aspect of the Consultant’s work which may require clarification by such person(s) or Steering Committee.

3.8 Principal's materials

(a) The Consultant accepts all responsibility for the secure guardianship of all materials and documentation provided by the Principal to the Consultant.

(b) Upon completion of this Agreement or in the event of termination, the Consultant must as soon as practicable return to the Principal any of the Principal's Materials and the Contract Material it has in its possession.

(c) The Consultant must not make any substantial alteration to the Principal's Materials or the Contract Material except as required by professional standards, such as working papers, without the written consent of the Principal.

(d) Clause 3.8(b) does not operate to prevent the Consultant from retaining a bona fide copy of the Contract Material for its records.

3.9 Cooperation by the Consultant

The Consultant must consult, cooperate and confer with others as directed by the Principal.

3.10 Approvals

Unless otherwise specified in the Consultancy Brief, the Consultant must obtain all necessary approvals, licences and permits which may be required for the provision of the Services.

3.11 Confidentiality

(a) The Consultant acknowledges and agrees that, unless already in the public domain, any and all information concerning the Principal's business is "confidential", and agrees that it will not permit the duplication, use or disclosure of any such information to any person (other than its own employee, agent or representative who must have such information for the performance of its obligations to the Principal), unless such duplication, use or disclosure is specifically authorised in writing by the Principal or is required by law.

(b) This provision does not merge on completion.

3.12 Consultant's Representative

The Person named in the Schedule will be responsible on behalf of the Consultant in respect of provision of the Services. Any substituted representative must be agreed to in writing by the Principal.

3.13 Sub-contracting/No Agency

(a) The Consultant must not assign or sub-contract any part of the Services without the prior written consent of the Principal.

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(b) Any consent given by the Principal in accordance with this clause does not relieve the Consultant from its obligations under this Agreement.

(c) The Consultant must ensure that any sub-contractor engaged with the consent of the Principal in accordance with this clause has the insurance required to be held by the Consultant under clause 9 of this Agreement.

(d) The Consultant acknowledges that neither the Consultant nor any of the Consultant's employees and/or agents:

(i) are employees or agents of the Principal or

(ii) have any authority to bind the Principal to any third party or otherwise to act in any way as the representative of the Principal.

(e) The Consultant, its employees and/or agents shall not represent that they nor the Consultant are employees or agents of the Principal and shall not purport to bind the Principal to any third party or otherwise to act in any way as the representative of the Principal.

3.14 Statutory Requirements

The Consultant must ensure that all work done in connection with the Services complies with all applicable legislation, regulations, codes of conduct and all relevant Australian Standards applicable to the Services. Without limiting the generality of this clause, the Consultant must comply with the NSW Privacy and Personal Information Act 1998. The Consultant must protect personal information from:

(a) misuse;

(b) loss;

(c) unauthorised access;

(d) modification; and

(e) disclosure.

3.15 Conflict of Interest

(a) The Consultant represents and warrants that no conflict of interest exists in the performance of the Services at the date of this Agreement.

(b) Immediately upon becoming aware of the existence, or possibility of a conflict of interest the Consultant must advise the Principal in writing and on receipt of such advice the Principal reserves its rights under Clause 11.

3.16 Access to Consultant

The Consultant must upon reasonable notice from the Principal provide access to the Consultant in order for the Principal to inspect discuss or assess the provision of the Services.

3.17 File Access

The Consultant shall provide to the Principal access to all of the Consultant’s files containing Principal information from time to time in connection with the performance of the Services.

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UPPER LACHLAN SHIRE COUNCIL – FLOODPLAIN RISK MANAGEMENT STUDY AND DRAFT PLAN FOR THE VILLAGES OF CROOKWELL, GUNNING, COLLECTOR AND TARALGA 4. Principal's Obligations

4.1 Provide Information

The Principal will as soon as practicable, or as required by this Agreement:

(a) make available to the Consultant all relevant instructions, information, documentation or data or any other material as required for the performance of the Services; and

(b) provide assistance to the Consultant as reasonably required so that the Consultant may competently perform its duties under this Agreement.

4.2 Principal's Representative

The person named in the Schedule, or any other person the Principal nominates in writing, will act as the Principal's representative in connection with this Agreement.

5. FEES

5.1 Payment of Fees

(a) The Principal will pay the Fees to the Consultant in accordance with Annexure 2, subject to the conditions of this Agreement.

(b) The Consultant will be paid on:

(i) a Lump Sum basis; (ii) a Percentage basis; (iii) a Time/unit rate basis, (with or without an Upper Limiting Fee); or (iv) a combination of (i), (ii) and (iii) above, as stated in Annexure 2.

(c) (i) where payment is on a Lump Sum basis, the Consultant must perform the whole of

the work referable to the payment for the Lump Sum as stated in Annexure 2.

(ii) the Lump Sum may be paid by such progress payments as stated in Annexure 2.

(d) Where payment is on a Percentage basis the Consultant must perform the whole of the work referable to the payment for the Percentage calculated in accordance with the provisions of this Agreement.

(e) where payment is to be on a Time basis, the Consultant must perform the whole of the

work referable to the payment for a payment based on the time spent on the work by the Consultant, its professional and technical staff. Payment will be calculated in accordance with the rates of fees as set out in Annexure 2. In computing payment on a Time basis, the time spent by general and non-technical staff, who provide support activities and by staff engaged in:

(i) Office management and supervision; (ii) Secretarial and Clerical;

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(iii) Unless separately proposed by the Consultant and accepted by the Principal, typing including word processing (other than printing of final documents allowed under Clause 5.4 (d));

(iv) Unless separately proposed by the Consultant and accepted by the Principal,

photocopying (other than printing of final documents allowed under clause 5.4 (d)); (v) Accounting and claims; and (vi) Miscellaneous support activities, such as filing, reception, library, etc; shall not be taken into consideration.

(f) Where Annexure 2 provides that the Services are to be performed to an Upper Limiting

Fee, the Consultant must perform the whole of the work referable to the fee for a fee not in excess of the Upper Limiting Fee.

(g) The rates of fees proposed by the Consultant and accepted by the Principal shall not be increased during the term of the Agreement.

5.2 Set-off

The Principal may deduct from amounts otherwise payable to the Consultant any amount due from the Consultant to the Principal in connection with the provision of the Services.

5.3 Payment no Acceptance or Waiver

Payment, in part or in total, of the Fees in accordance with this Agreement does not constitute acceptance by the Principal of the Services and does not amount to a waiver of any rights either under this Agreement or at law which the Principal may otherwise have at any time against the Consultant.

5.4 Expenses and disbursements

Subject to the provisions of paragraph (h) hereunder:

(a) travelling, accommodation and sustenance expenses shall be paid for at reasonable actual costs or at rates approved in advance by the Principal. The Principal shall not pay any travelling and accommodation or sustenance expenses unless the Consultant first has and obtains the Principal's consent in writing to incur such expense.

(b) except where prior agreement of the Principal has been obtained to alternative

arrangements, recoupment of costs of air travel shall only be made on the basis of economy class fare.

(c) for engagement on a Time basis, travelling time shall be paid for at the agreed hourly rate

(Clause 3(d)) between 8.00 am. and 6.00 pm. and at 33% of the agreed hourly rate between 6.00 pm. on one day and 8.00 am. on the next day.

(d) printing of final documents being specifications, drawings and reports shall be paid for at

commercial rates agreed in advance. In the absence of such agreement, the Principal shall not be liable for printing expenses.

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(e) computer services excluding word processing shall be paid for at commercial rates agreed in advance. In the absence of such agreement, the Principal shall not be liable for computer services expenses.

(f) provision of specialised equipment, materials, plants and/or installations shall be paid for

at cost agreed in advance. In the absence of agreement, the Principal shall not be liable for expenses referred to in this paragraph.

(g) other items or services approved in advance by the Principal shall be paid for at cost. In

the absence of approval the Principal shall not be liable for the expenses referred to in this paragraph.

(h) when the basis of engagement is Lump Sum and/or Percentage, no additional amount will be payable for expenses and disbursements howsoever incurred.

5.5 Invoices

(a) For payments of fees, claims are to be submitted by the Consultant:

(i) within the first week of each month or as agreed; and

(ii) are to be accompanied by an itemised statement indicating the services performed and their respective costs.

(b) The Principal’s accountant and/or other officers nominated by him/her will be allowed free access to all accounts associated with any claim submitted by the Consultant to enable the Principal to meet the requirements of the relevant legislation regarding such matters as performance of services, rates of charge and computations.

(c) In accordance with the requirements of the Public Finance and Audit Act the Principal will pay to the Consultant the Principal’s assessment of the value of the work performed to the date of the claim less any amounts the Principal is entitled to set off.

5.6 Payments

If any report required to be prepared or presented is not prepared or presented in accordance with this Agreement, or the Consultant's performance of Services hereunder is unsatisfactory (judged reasonably) then the Principal shall be entitled to defer payment of any sum due to the Consultant hereunder until such time as the requirements of this Agreement have been fulfilled. Otherwise, payments shall be made within 30 days of receipt by the Principal of the Consultant’s claim.

5.7 Australian Business Number

No payments will be made to the Consultant until the Consultant has provided to the Principal a valid Australian Business Number.

6. VARIATIONS

6.1 Request

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(a) The Principal may instruct variations to the Services, including an addition, increase, omission or reduction.

(b) The Consultant must comply with instructions under clause 6.1(a) and take all reasonable steps to minimise any resulting delays and extra costs.

(c) If the variations requested under clause 6.1(a) would involve extra costs, the Consultant must, before complying the instructions notify the Principal and unless given a written instruction otherwise, not begin to carry out the variation until the Consultant and the Principal agree on any price and time changes or they are determined under clause 12.

(d) When requested, the Consultant must within the time specified in the request, advise the claimed amounts by which the Fees would be increased or decreased for a proposed variation and its effect on the time to complete the Services, and advise on any other matter specified in the request.

(e) If the parties agree that a variation applies they must endeavour to agree in writing on amounts by which the Fees would be increased or decreased and any effect on the time to complete the Services. Failing agreement on price or time, or that a variation applies, the provisions of clause I2 will apply.

(f) The Consultant may notify the Principal of any variations that it believes would be beneficial to the Services. The Consultant must not proceed with them or incur any costs or expenses for them until it has obtained the written instruction of the Principal to do so.

(g) The Consultant is entitled to claim its justifiable costs and expenses for any reduced amount of the Services. The Consultant may include loss or damage (except loss of prospective profits) sustained directly as a result of the reduction, but must take all reasonable steps to limit any loss and damage. The Principal may thereafter either carry out any omitted part of the Services itself or engage others to do so.

6.2 Variation Fees

The Consultant acknowledges and agrees that:

(a) fees for varied Services must be as agreed in writing between the parties; and

(b) unless agreed in writing by the Principal the fees for the varied Services are based on the Consultants current hourly rates as set out in Annexure 4.

7. COPYRIGHT AND INTELLECTUAL PROPERTY

7.1 Ownership

(a) Subject to Clause 7.1(b), ownership of Intellectual Property in or in relation to Contract Material (other than the Contract Material listed in Annexure 5) vests upon its creation in the Principal. The Consultant must at its own cost do all things necessary to vest ownership and title of such Intellectual Property in the Principal.

(b) If ownership of or title in Intellectual Property in relation to Contract Material is not capable of being vested in the Principal under Clause 7.1(a) because the Consultant itself does not own, and is unable at a reasonable cost to obtain ownership of that Intellectual Property, the Consultant must at its own cost ensure that the Principal is suitably and irrevocably licensed to use that Contract Material or that Intellectual Property.

(c) The Consultant must ensure all licence fees and/or consents required under law are paid and/or obtained as a result of any reproduction, adaptation or use of any Intellectual Property or Contract Material necessary for the provision of the Services.

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7.2 Delivery of Contract Material

(a) Subject always to the provisions of the Consultancy Brief, on or as soon as practicable after the expiration or earlier termination of this Agreement, the Consultant must deliver to the Principal all Contract Material.

(b) Subject to Clause 3.11, Clause 7.2(a) does not prevent the Consultant from keeping a bona fide copy of the Contract Material for its records.

7.3 Limitations on Use of Contract Material

The Consultant must ensure the Contract Material is used, copied, supplied or reproduced only for the purposes of this Agreement unless it has obtained the prior written approval of the Principal to do otherwise. Whilst the Principal will not unreasonably withhold approval, it may attach any terms and conditions it considers appropriate.

8. INDEMNITY

8.1 Consultant to indemnify

The Consultant hereby indemnifies the Principal and any employee or agent thereof (each being referred to individually as "Indemnified Party") against (including reasonable legal costs):

(a) all liability to third parties arising from or in connection with the violation of any third

party's trade secrets, proprietary information, trademarks, copyright, or patent rights in connection with the performance of Services under this Agreement;

(b) all liability for or in respect of personal injury, death or damage to or loss of property

arising directly or indirectly out of any negligent act or omission or wilful wrongdoing of the Consultant its employees Consultants or agents done or omitted in the course of carrying out the Services.

The Consultant's liability to indemnify an Indemnified Party shall be reduced in proportion and to the extent that an Indemnified Party has contributed to the liabilities referred to in clauses 8.1(a) and/or 8.1(b).

8.2 Indemnity to survive

The Consultant's obligation to indemnify an Indemnified Party will survive the expiration or termination of this Agreement.

9. INSURANCE

9.1 Professional Indemnity Insurance

The Consultant must hold or obtain and maintain a policy of professional liability and indemnity insurance in an amount of not less than the amount noted at Item 8 of the Schedule with an insurer approved by the Principal (which approval will not be unreasonably withheld) for a period from the commencement of the provision of the Services until the expiration of the period nominated in Item 7 of the Schedule.

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UPPER LACHLAN SHIRE COUNCIL – FLOODPLAIN RISK MANAGEMENT STUDY AND DRAFT PLAN FOR THE VILLAGES OF CROOKWELL, GUNNING, COLLECTOR AND TARALGA 9.2 Workers' Compensation

The Consultant must ensure that a suitable insurance policy is effected prior to commencing performance of the Services and remains current for the duration of this Agreement, in accordance with any relevant legislation applicable during the provision of the Services

9.3 Public Liability

In the absence of anything to the contrary in the Consultancy Brief, the following shall apply:

(a) The Consultant must hold or obtain a policy of public insurance with an insurer approved by the Principal (which approval will not be unreasonably withheld) prior to commencing the performance of the Services and must maintain that policy for the duration of this Agreement.

(b) The policy must be:

(i) in the joint names of the Consultant and the Principal; and

(ii) for an amount not less than that stated in Item 9 of the Schedule in respect of any single occurrence.

9.4 Motor Vehicle Liability

The Consultant shall insure against all losses and damages which arise out of any motor vehicle liability of the Consultant.

9.5 Insurance

The Consultant must provide the Principal with proof of all insurance required to be maintained by the Consultant under this Agreement.

10. KEEPING OF RECORDS

10.1 Records

The Consultant must keep proper accounts, records, (including information stored by computer and other devices), in accordance with relevant accounting principles generally applied in relevant commercial practice in respect of its charges and/or billing, and reimbursable expenses payable pursuant to this Agreement.

10.2 Access

The Consultant must, within a reasonable time of any request, give the Principal access to, or verified copies of, any information which may be reasonably required to enable any claim to be substantiated and verified.

11. TERMINATION

11.1 Termination by the Principal other than for Default by the Consultant

(a) The Principal may at any stage of this Agreement terminate the whole or any part of the performance of the Services upon such notice as set out in Item 10 of the Schedule, by written notice addressed to the Consultant but such Termination shall not expose the Principal to any claim for damages by reason of that Termination.

(b) The Consultant must, within the time specified in Item 11 of the Schedule after receipt of a notice under Clause 11.1(a), as soon as practicable cease work in an orderly fashion on the terminated services.

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(c) As soon as practicable after ceasing work under this clause, the Consultant must lodge with the Principal a statement of the fee (and any approved reimbursable expenses) claimed by the Consultant to be payable for Services performed to the earlier of:

(i) the date of cessation of the terminated Services; and

(ii) the date by which the Consultant was required to cease work on those Services.

(d) The statement must be accompanied by supporting records as required by the Principal.

11.2 Termination by the Principal for Default by the Consultant

(a) If the Consultant becomes bankrupt, or insolvent, or enters into a scheme or arrangement with its creditors the Principal may immediately terminate this Agreement by written notice addressed to the Consultant.

(b) If the Consultant:

i) fails to carry out the Services with due diligence and competence; or

ii) without reasonable cause suspends the carrying out of the Services; or

iii) commits a substantial breach of this Agreement; or

iv) breaches any of the following clauses, ie., 3.1-3.17, 7.1(b) and (c), and 9.1-9.5:

the Principal may terminate this Agreement by written notice addressed to the Consultant if the Consultant fails to remedy the default to the satisfaction of the Principal within 14 days from the date of service of a notice by the Principal on the Consultant specifying the relevant default.

11.3 Termination by the Consultant

If the Principal:

(a) fails to pay the Consultant in accordance with this Agreement; or

(b) commits a substantial breach of this Agreement;

the Consultant may, in the case of any unremedied specified default, terminate this Agreement by written notice addressed to the Principal only if the Principal has failed to remedy the default to the satisfaction of the Consultant within 14 days from the date of service of a notice by the Consultant on the Principal specifying the relevant default.

11.4 Continuing Liability

Termination of this Agreement by one party will not release the other party from liability in respect of any breach of, nor non-performance of any obligation pursuant to, this Agreement.

11.5 Termination Without Prejudice

Termination of this Agreement by either party is without prejudice to any accrued rights or remedies of each party.

11.6 Adjustment of the Fee on Termination

(a) Upon termination of the Services pursuant to Clause 11.1, the Principal will pay Fees in accordance with Clause 11.1(c) and a further amount calculated in the manner set out in

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Item 12 of the Schedule, as adjusted by any additions or deductions in accordance with this Agreement in full and final satisfaction of any claim the Consultant has or may have.

(b) Upon termination of this Agreement pursuant to Clause 11.2, the Principal will pay the Consultant for the Services performed by the Consultant as at the date of termination, taking into account any adjustments and deductions for loss or damage suffered, or reasonably likely to be suffered by the Principal as a consequence of breach by the Consultant the Principal may recover any shortfall from the Consultant as a debt due and payable.

(c) Upon termination of this Agreement pursuant to Clause 11.3, the Principal will pay the Consultant for the Services performed by the Consultant as at the date of termination together with the amount calculated in the manner set out in Item 12 of the Schedule in full and final satisfaction of any claim the Consultant has or may have.

11.7 Staged Implementation

(a) Clauses 11.7(b) and 11.7(c) do not apply unless it is specified by the Principal in the Consultancy Brief or in another provision of this Agreement.

(b) The Consultant shall not commence any work in a Stage until it receives prior written notification from the Principal to proceed with the work in that Stage. The formation of the Contract shall be deemed to be sufficient notification for the purposes of this subclause to proceed with work in the first Stage.

(c) Nothing in this Agreement shall be construed as obliging the Principal to give the notification referred to on clause 11.7(b) in respect of the second Stage or any subsequent Stage. The Principal shall not be liable to the Consultant in any manner whatsoever for not giving such notification and the Consultant acknowledges that work under this Agreement shall proceed from Stage to Stage in accordance with this Agreement only upon receipt of such notification which may be given or withheld in the absolute discretion of the Principal.

12. DISPUTE RESOLUTION

12.1 Conciliation/Arbitration

The Consultant and the Principal will endeavour to resolve any dispute speedily by negotiation. If a dispute between the Consultant and the Principal is not resolved by negotiation, then before either party has recourse to litigation, the party must submit the dispute to expert determination. If the Consultant and the Principal do not agree upon an independent expert, either party may request the Secretary General of the Australian Commercial Disputes Centre to nominate an expert.

The appointment of a expert shall be conclusive evidence that the particular dispute relates to matters properly the subject of conciliation/arbitration as referred to in this clause.

12.2 Submissions

Within 14 days of acceptance by the expert of the appointment, the party making a claim will submit in writing to the expert the claim and all the evidence which the party wishes the expert to take into account. Within 28 days thereafter the other party will submit in writing to the expert that party's response to the claim, particulars of any counterclaim and all the evidence which that party wishes the expert to take into account.

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UPPER LACHLAN SHIRE COUNCIL – FLOODPLAIN RISK MANAGEMENT STUDY AND DRAFT PLAN FOR THE VILLAGES OF CROOKWELL, GUNNING, COLLECTOR AND TARALGA 12.3 Procedure

Copies of documents sent to the expert must be sent to the other party at the same time. The expert may meet with the parties jointly but not separately and may ask questions of the parties which must be answered orally or in writing as requested by the expert.

12.4 Determination

As soon as possible the expert must give the parties the expert's determination in writing as to:

(i) the respective rights and entitlements of the parties; and

(ii) the amount or service if any which the expert considers is due from one party to the other.

The determination of the expert shall be final and binding on the parties. Such determination shall not be final and binding, provided either party gives notice to the other party of its dissatisfaction within 28 days of the determination being given.

12.5 Liability

The expert will not be liable to the parties for negligence in the conduct of the determination.

12.6 Costs

The Principal and the Consultant will be jointly and severally liable to the expert fees of the expert. As between themselves, the Principal and the Consultant will each bear half the expert's fee, and each will bear their own costs of the determination.

12.7 Continuing performance

Each party must continue to perform its obligations under this Agreement, notwithstanding the existence of a dispute.

13. APPLICABLE LAW

The Agreement shall be subject to and construed in accordance with the laws for the time being in force in New South Wales and the parties submit to the jurisdiction of courts of New South Wales.

14 INCONSISTENCIES

If there are any inconsistencies between the Services to be provided and/or the terms and conditions for the provision of Services as detailed in this Agreement, the Terms of Reference or Consultancy Brief and the Proposal, to the extent of any inconsistency, the Terms of Reference or Consultancy Brief and this Agreement will have precedence over the Proposal.

15. DISCONTINUANCE OF PRINCIPAL

Subject to any contrary legislative intention:

(a) if an authority, institute or association or other body being the Principal in this Agreement is reconstituted, renamed or replaced or if its powers or functions are transferred to another entity, this Agreement is deemed to refer to that new entity; and

(b) if an authority, institute or association or other body being the Principal in this Agreement ceases to exist, this Agreement is deemed to refer to that entity which serves substantially the same purpose or object as the former entity.

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UPPER LACHLAN SHIRE COUNCIL – FLOODPLAIN RISK MANAGEMENT STUDY AND DRAFT PLAN FOR THE VILLAGES OF CROOKWELL, GUNNING, COLLECTOR AND TARALGA 16. NOTICES

The addresses of the parties for purposes of giving any notice shall be as set out in Item 13 of the Schedule or as may from time to time be specified in writing between the parties.

17. GOODS AND SERVICES TAX

(a) In this clause, the expressions “consideration”, “GST”, “GST Law”, “recipient”, “supply”, “adjustment note”, “adjustment event”, “input tax credit” and “tax invoice” have the same meanings given to those expressions in the A New Tax System (Goods and Services Tax) Act 1999. A reference to a party to this Agreement includes a reference to that party’s “representative number” as defined in A New Tax System (Goods and Services Tax) Act 1999.

(b) The Consultant may recover from the Principal any GST payable in relation to this

Agreement. The amount of any GST shall be paid at the same time as the consideration is paid for the supply to which it relates.

(c) not used (d) Unless expressly stated otherwise, the prices or other consideration specified are

inclusive of GST at the GST rate prevailing at the Agreement date. In the GST rate is varied during the currency of the Agreement, the GST inclusive amount maybe varied to reflect those changes.

(e) If the abolition of GST or any subsequent change in the GST Law is accompanied by an

abolition or reduction in any existing taxes, duties, excises or statutory charges the consideration payable by the Principal shall be reduced by the same proportion as the reduction in the Consultant’s cost. The Principal may request that the Consultant provide it with all reasonable evidence necessary to demonstrate compliance with this clause.

(f) All invoices or claims submitted by the Consultant under this Agreement will be

accompanied by a tax invoice. The Principal is not required to pay any amount on account of GST until this requirement has been complied with.

(g) Where an adjustment event occurs in relation to any supply under this Agreement, the

supplier must provide an adjustment note to the other party within 14 days after that adjustment event.

(h) To the extent the Principal is liable under this Agreement to reimburse the Consultant for

any costs that the Consultant has incurred with a third party, the Principal will only by liable to reimburse the Consultant for the amount of those costs less any input tax credit the Consultant is entitled to.

(i) If GST applies to any supply made by the Principal under this Agreement, the Consultant

will pay an amount on account of the GST liability to the Principal within 14 days of being provided with a tax invoice.

(j) Unless expressly stated otherwise all monetary limits in the Agreement are exclusive of

GST.

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THE SCHEDULE

Item 1 Specified persons and job category: as set out in the Proposal

Item 2 Program: as set out in the

Proposal

Item 3 Time to complete Services: [to be completed on award of

contract]

Item 4 Approvals to be obtained by Principal: nil

Item 5 Consultant’s representative: [to be completed on award

of contract]

Item 6 Principal’s representative: *******, or such other

person as the Principal may notify

from time to time.

Item 7 Currency of professional indemnity insurance; 6 years from completion of the

Services:

Item 8 Quantum of professional indemnity insurance: $2 million.

Item 9 Quantum of public liability insurance: $10 million.

Item 10 Termination notice period: two weeks

Item 11 Cessation of work period the termination notice period

Item 12 Percentage on Termination: [to be completed on award

of contract] percentage of fee

remaining

Item 13 Notices to:

Principal contact name: ******, or such other person as the Principal may notify from time to time Address: Fax:

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Consultant’s contact name: [to be completed on award of contract] Address: Fax:

EXECUTED for and on behalf of the ) Upper Lachlan Shire Council ) by but not so as to incur personal liability ) ................................................... before me: .............................................................. EXECUTED by and on behalf of ) (name of Consultant] ) ) )................................................... before me: ..............................................................

ANNEXURE 1

THE SERVICES . PART 1. CONSULTANCY BRIEF [Attach Consultancy Brief and any issued Addendum] PART 2. PROPOSAL [Attach Consultant’s Proposal]

ANNEXURE 2 THE FEE (Clause 5) [Insert details of the Fee]

ANNEXURE 3 Not used

ANNEXURE 4 HOURLY RATES FOR VARIATIONS (Clause 6) Roles, names and hourly rates to be listed.

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ANNEXURE 5 INTELLECTUAL PROPERTY NOT VESTING IN PRINCIPAL (Clause 7.1) Nil.

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UPPER LACHLAN SHIRE COUNCIL...Upper Lachlan Shire Council is located on the Southern Tablelands 45km...

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Transcript of UPPER LACHLAN SHIRE COUNCIL...Upper Lachlan Shire Council is located on the Southern Tablelands 45km...